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09-06-05 Agenda Reg City of Delray Beach c)!: (~--1 Regular Commission Meeting I I ==:J RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday. September 6.2005 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 6:00 p.m. presiding officer has dIscretiOn to adjust the amount of time allocated. Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this Commission Chambers Delray 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: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be at the specific request of individual City Commission members. 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 stilI 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 NW 1st Avenue Dekay Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an mch.vidual with a disability 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 pnor to the event in order for the CIty to accommodate your request. Adaptive l1sterung deVIces are aVaUable for meetings in the Comnussion Chambers. --- ~-- 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . August 16, 2005 - Regular Meeting . August 23, 2005 - Special/Workshop Meeting 6. PROCLAMATIONS: A. Recognizing and Commending the Delray Beach Barracudas Swim Team B. Recognizing and Commending Sergeant Thomas Tustin, Detective Robert Stevens, and Detective Gene Sapino 7. PRESENTATIONS: . NONE 8. CONSENT AGENDA: City Manager Recommends Approval. A. CONFIRMATION /RESCISSION OF EMERGENCY RESOLUTION: ConfIrm Emergency Resolution A pursuant to Chapter 95 of the City Code of Ordinances and approve the rescission of Emergency Resolution A. B. ACCEPTANCE OF EASEMENT DEED/95 S.W. 5TH AVENUE: Approve and accept an easement deed between the City and Vincent Vasquez to allow the City to install a sidewalk along S.W. 5th Avenue. C. REQUEST FOR SIDEWALK DEFERRAL/750 S.W. 17TH AVENUE: Approve a request to defer the installation of a sidewalk in front of 750 S.W. 17th Avenue. Staff recommends approval. D. RESOLUTION NO. 62-05: Approve Resolution No. 62-05 assessing costs for abatement action required to remove nuisances on nine (9) properties throughout the City. E. RESOLUTION NO. 63-05: Approve Resolution No. 63-05 declaring an allocation of payments by purchasers of retail space in the Old School Square Parking Project to equity or the repayment of a taxable bank line of credit. 09-06-2005 - 2 - F. RESOLUTION NO. 64-05: Approve Resolution No. 64-05 opposing Senate Bill 1504, "Broadband Investment and Consumer Choice Act", which would preempt the City's authooty over cable and video servIces, abrogate the franchise agreement with Adelplua, lower the City's revenue for cable services, and reduce the City's public, educational, and government (pEG) capacity. G. PURCHASE ORDER INCREASE/OTTO WASTE SYSTEMS: Approve an mcrease of $21,350.00 to blanket purchase order #624061, Otto Waste Systems, for the purchase of 500 garbage carts with lids and wheels. Funding is available from 433- 3711-534-49.35 (Sarutation Fund/Cart Renewal and Replacement). H. SPECIAL EVENT REQUEST/THE FRIENDS OF SANDQWAY HOUSE NATURE CENTER. INC.lDANCING IN THE DUNES: Approve a request from The Friends of Sandoway House Nature Center, Inc., for their annual fundraiser, "Dancing in the Dunes", to grant a temporary use permit per LDR Section 2.4.6(H) for the use of the southern portion of the Sandoway Parking Lot from 8:00 a.m. on November 11, 2005 through noon on November 14, 2005, and use of the balance of the Sandoway Lot and the Ingraham Parking Lot for valet parking from 3:00 p.m. until midnight on November 12, 2005, use of the park restrooms, City generator, and staff assistance for security and restroom cleaning; contingent on the sponsor providing liquor habihty insurance, liability insurance, and a hold harmless agreement. I. SERVICE AUTHORIZATION NO. 3/WESTERN/SENIOR COMMUNITY CENTER/ROBERT WALTERS ARCHITECTS, INC.: Approve Service Authorization No.3 to Robert Walters Architects, Inc. in the amount of $122,500.00 for preliminary design services related to the development of the Western/Senior Community Center. Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/ Senior/Western Community Center) FY 05/06. J. CHANGE ORDER NO. 3 /FINAL PAYMENT /ROSSO PAVING AND DRAINAGE, INC.: Approve Change Order No.3 in the amount of a $1,243.20 decrease, and fmal payment in the amount of $7,640.67 to Rosso Paving and Drainage, Inc. for completion of the Plumosa Park Improvements Project. Funding is available from 334-6111-572-65.79 (General Construction Fund/Plumosa Park). K. CONTRACT ADDITION (CHANGE ORDER NO. 3)/ASPHALT CONSULTANTS, INC: Approve a Contract Addition (Change Order No.3) between the City and Asphalt Consultants, Inc. in the amount of $102,169.20 for parkmg area improvements and the addttion of pull boxes and electrical changes with the light poles as part of the N.W.jS.W. 5th Avenue Beautification Project. The Community Redevelopment Agency (CRA) will fund this contract addition. Funding is available from 334-3162-541-65.83 (General Construction Fund/N.W.jS.W. 5th Avenue). 09-06-2005 - 3 - L. AGREEMENT /FITZY'S PROJECT: Approve an agreement with developer, Marit Fitzpatnck and Symon James, to pay the City $7,700.00 for the construction of a sidewalk and relocation of a Florida Power & Light pole as part of the development approval of the Fitzy's Project. Fundmg is available from 334-3162-541.65.88 (General Construction FundjS.E./N.E. 1 st Street One-Way Pair). M. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley and Associates, Inc. in the amount of $48,000.00 for the period October 1, 2005 through September 30, 2006. Funding is available from 001-1111-511-34.90 (General Fund/Other Contractual Services). N. AGREEMENT /BOCA RATON EDUCATIONAL TELEVISION (BRET): Approve an agreement between the City and Boca Raton Educational Television (BRET) to provide pubhc servIce programming on government access cable. O. LANDSCAPE MAINTENANCE AGREEMENT/HARBOUR HOUSE TOWNHOMES: Approve and accept a landscape maintenance agreement associated with the Harbour House Townhomes Project, located at the northwest corner of the Intracoastal Waterway and N.E. 1 s, Street. P. FLORIDA EAST COAST RAILWAY COMPANY (FEC)/N.E. 1ST STREET CROSSING REHABILITATION: Approve a reimbursement to the Florida East Coast Railway Company (FEC) ill the estimated amount of $93,808.00 for reconstruction of the N .E. 1 ,t Street crossing per provisions of the 1985 FEC License Agreement. Funding is proposed in the 2005/2006 CIP budget account 334-3162-541- 46.90 (General Construction Fund/FEC Crossing Rehab/Other Repair/Maintenance Costs). Q. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT GAG): Approve and accept the Edward Byrne Memorial Justice Assistance Grant GAG) award in the amount of $61,592.00 which will provide funding for the Police Department's Volunteer Program and Holiday Task Force Overtime; and accept the award documentation, program narrative, and budget narrative. R. RESOLUTION NO. 66-05 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): Approve Resolution No. 66-05 adopting the amended Local Housing Assistance Plan for Fiscal Years 2004-2007 pursuant to Tide 67-37 of the Florida Administrative Code. S. RESOLUTION NO. 67-05 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HURRICANE HOUSING ASSISTANCE PLAN): Approve Resolution No. 67-05 adopting the State Housing Initiatives Partnership (SHIP) Hurricane Housing Assistance Plan for Fiscal Years 2005-2008 pursuant to Tide 67-37 of the Florida Administrative Code. 09-06-2005 - 4 - -- T. FUNDING ADJUSTMENT /SWINTON AVENUE BEAUTIFICATION: Approve an adjustment to funding sources for the Swinton Avenue Beautification Phase II Project which was approved by Commission on July 19, 2005. The improvements along N .W. 1 st Street in the amount of $34,231.00 will be funded from account 380-4150-572-63.28 (2004 G.O. Bond/Pompey Park/Community Center). U. CLUB CAR. INC.lGOLF CARTS: Approve a lease purchase agreement between the City and Club Car, Inc. in the net amount of $117,540.00 via the Indian River County Bid #7019 for sixty (60) golf carts for the Lakeview Golf Course. Funding is available from 446-4761-572-64.90 (Lakeview Golf Course Fund/Other Machinery/ Equipment) FY 05/06. V. AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENTS/ICMA RETIREMENT CORPORATION: Approve an amendment to the Administrative Services Agreements with ICMA Retirement Corporation to provide for the elimination of the Plan Administration Fee and the Mutual Funds Fee. W. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the reappomtment of Thomas Carney as the West Adantic Redevelopment Coalition (W ARC) Representative for a two (2) year term ending July 1, 2007. X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and declslons made by the Land Development Boards for the period August 15, 2005 through September 2, 2005. y. AWARD OF BIDS AND CONTRACTS: 1. Contract renewal with Chemical Lime Company for the purchase of bulk Quicklime at an estimated annual cost of $500,400.00 via the City of Boynton Beach Co-op Bid #068-2821-05/JA. Funding is available from 441-5122-536- 52.21 (Water/Sewer Fund/Chemicals) FY 05/06. 2. Contract award to RCC Consultants, Inc. in the amount of $46,000.00 for the City's 800 MHz radio coverage improvements for Highland Beach and the annexation area of the Delray Medical Center. Funding is available from 001- 2311-522-31.90 (General Fund/Other Professional Services). 3. Purchase award to R. George & Associates, Inc. in the amount of $81,748.00 for the purchase of 135 chairs for the Delray Beach Public Library. Funding is available from 380-3552-571-64.10 (2004 G.O. Bond/Library/Office Furniture/ Fixtures). 4. Purchase award to Allcomm Networks, Inc. in the amount of $20,400.00 for the purchase of materials and installation to complete the underground fiber optic loop from Fire Station #1 to City Hall. Funding is available from 334-6111- 519-62.45 (General Construction Fund/Capital Ouday /Data Cabling). 09-06-2005 - 5 - 5. Purchase award to Postalcraft America, Inc. in the amount of $30,675.00 for the purchase of 149 double mailbox units and 42 single mailbox units for Rainberry Woods per the Strategic Task Team Initiative. Funding is available from 334- 6130-541-49.90 (General Construction Fund/Neighborhood Enhancements). 6. Contract award to JMW Construction, Inc. m the amount of $349,916.00 for the Lake Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park) and 442-5178-536-63.90 (Water/Sewer Renewal and Replacement Fund/Other Improvements). 7. Contract award to West Construction, Inc. m the amount of $325,604.50 for the Mike Machek Boy Scout Park Project. Funding is available from 380-4150-572- 63.25 (2004 G.O. Bond/Boy Scout Hut Park) and 442-5178-536-63.90 (Water/ Sewer Renewal and Replacement Fund/Other Improvements). 9. REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/SEAGATE HOTEL: Consider an appeal of the Site Plan Review and Appearance Board's deCiSiOn relating to certain conditions of approval of a Class III Site Development Plan, Landscape Plan, and Elevations for the Seagate Hotel at Adantic Place, located on the south side of East Atlantic Avenue, between Venetian Dnve and Gleason Street. (Quasi-Judicial Hearing) B. REOUEST TO LEASE PARKING SPACES/PARAGON EVENTS/ANCHOR PARK: Consider a request from Paragon Events to lease fifty (50) parking spaces in the Anchor Parking Lot to facilitate an event at the Seagate Beach Club to be held on Saturday, September 10, 2005. C. FY 2006 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2006 maximum golf rates for the Lakeview Golf Course. D. FY 2006 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2006 maximum golf rates for the Municipal Golf Course. E. FY 2006 TENNIS RATES/TENNIS FACILITIES: Consider approval of the proposed FY 2006 maximum tennis rates for the Tennis Facilities. F. GRANT AWARD /FLORIDA COMMUNITIES TRUST (FCT) GRANT: Consider approval and acceptance of the Florida Commuruties Trust (FC1) Grant Agreement in an amount not to exceed $2,006,000.00 for the purchase of approximately 1.8 acres of land from the Community Redevelopment Agency (CRA) to be used to develop a park adjacent to Old School Square; and authorize the Mayor to execute the grant agreement. 09-06-2005 - 6 - G. SPECIAL EVENT REQUEST / ART & JAZZ ON THE A VENUE: Consider approval and endorsement of Art & Jazz on the Avenue scheduled for October 14, 2005 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 Adantic Avenue from Swinton to N.E. 7th Avenue, the south side parking lane of Adantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Adantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Adantic 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. H. SPECIAL EVENT REOUEST jFILM FESTIVAL: Consider a special event request to endorse the 1 sl Annual Delray Beach Film Festival sponsored by Michael C. Posner to be held March 8-11, 2006 at Old School Square in the theater and pavilion area; including funding of Old School Square rental fees, technician fees, and historic preservation fees. I. R.A.C.E. (RELATIONSHIP BETWEEN AUTHORITIES. CITIZENS. AND EXPERTS) /POLICE ADVISORY BOARD: Consider approval of the recommendation from the Mayor's Advisory Committee on R.A.C.E. (Relationship between Authorities, Citizens, and Experts) to create a Police Advisory Board, approve the proposed structure, and direct staff to proceed to formally establish the board. J. TERMINATION OF AGREEMENT / AOUATEC SYSTEMS, INC.: Consider approval of termination of the agreement, dated September 23, 2004, with Aquatec Systems, Inc. for the offsite mitigation for Heritage Park in the Leon Weekes Preserve. K. OLD SCHOOL SOUARE PARKING GARAGE: Presentation and discussion of revisions to the Old School Square Parking Garage Project and provide direction to staff. L. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four (4) regular members to the Board of Construction Appeals for two (2) year terms ending August 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), and Commissioner Ellis (Seat #1). M. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint two (2) regular members to the Planning and Zoning Board for two (2) year terms ending August 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2) and Commissioner McCarthy (Seat #4). N. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint two (2) regular members to the Site Plan Review and Appearance Board for two (2) year terms ending August 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). O. CITY ATTORNEY EVALUATION. 09-06-2005 - 7 - P. CITY MANAGER EVALUATION. 10. PUBLIC HEARINGS: A. RESOLUTION NO. 59-05 (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 princlpal and interest on bonded indebtedness for FY 2006. B. RESOLUTION NO. 61-05 (TENTATIVE MILLAGE LEVY /DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing Dlstrict of the City of Delray Beach for FY 2006. C. RESOLUTION NO. 60-05 (TENTATIVE BUDGET ADOPTION FOR FY 2006): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2005 through September 30, 2006. D. ORDINANCE NO. 57-05 (SECOND READING/SECOND PUBLIC HEARING): Rezoning from PC (planned Commercial) in part, and PRD (planned Residential Development) in part, to OSR (Open Space and Recreation) for an 11.15 acre parcel of land for Bexley Park, located between Barwick Road and Military Trail north of the L-31 Canal. (Quasi-Judicial Hearing) E. ORDINANCE NO. 58-05: Voluntary annexation via water service agreement for a 4.72 acre parcel of land which contains Watkins Motor Lines Truck Terminal, located on the west side of Military Trail, approxunately 1,400 feet south of Lake Ida Road. F. ORDINANCE NO. 63-05: Voluntary annexation via water service agreement for a 0.96 acre parcel of land which contains Valero Gas Station, located on the west side of Military Trail, approxunately 1,400 feet south of Lake Ida Road. G. ORDINANCE NO. 66-05: Voluntary annexation via water service agreement for a 3.45 acre parcel of land which contains the Pubhc Self Storage facility, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. 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. 09-06-2005 - 8 - 12. FIRST READINGS: A. ORDINANCE NO. 65-05: Voluntary annexation, small scale Future Land Use Map (FLUM) Amendment from County HR-8 (High Residential-S dwelling units per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from County AR (Agricultural Residential) to City RM-8 (Medium Density Residential-8 dwelling units per acre) for a 4.85 acre parcel of land known as Gramercy Square II, located on the west side of Military Trail, approximately 710 feet south Adantic Avenue. If passed, a public hearing will be scheduled for September 20, 2005. B. ORDINANCE NO. 70-05: 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 irngation rates for FY 2006. If passed, a public hearing will be scheduled for September 20, 2005. C. ORDINANCE NO. 72-05: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordmances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates. If passed, a public hearing will be scheduled for September 20, 2005. D. ORDINANCE NO. 71-05: 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 3.0% for FY 2006. If passed, a public hearing will be scheduled for September 20, 2005. E. ORDINANCE NO. 69-05: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. If passed, a public hearing will be scheduled for September 20, 2005. F. ORDINANCE NO. 67-05: An ordinance amending Chapter 59, "Reclaimed Water", of the Code of Ordinances to provide for clarification regarding the definition of reclaimed water distribution system and reclauned water transmission system and changing the wholesale customer rate from $0.24 to $0.25 per 1,000 gallons. If passed, a public hearing will be scheduled for September 20, 2005. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: SEPTEMBER 2, 2005 09-06-2005 - 9 - AUGUST 16.2005 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, August 16,2005. L Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Janet K. Whipple, Acting City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Perlman stated Item 8.D., Ae:reementlPalm Beach County Sports Institute/Community Olympic Development Proe:ram (CODP)/Tennis Center, has been removed from the Consent Agenda. Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of August 2, 2005, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 08/16/05 --- Ms. McCarthy moved to approve the Minutes of the SpeciallW orkshop Meeting of August 9, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Muscular Dvstrophv Association Fire Fiehter Appreciation Week - Aueust 28 - September 3. 2005 Mayor Perlman read and presented a proclamation hereby proclaiming the week of August 28, 2005 through September 3, 2005 as Firefighter Appreciation Week. Dave Marchsteiner, Driver Engineer/Paramedic and Michael McCleary, Drive Engineer/President IAFF - Local 1842, came forward to accept the proclamation and noted they have raised $3,200 for Muscular Dystrophy thus far and their goal is $16,000. 6.B. Prostate Cancer Awareness Month - September 2005 Mayor Perlman noted that the proclamation hereby proclaiming September 2005 as Prostate Cancer Awareness Month will be mailed. 7. PRESENTATIONS: 7.B. "Spotlieht on Education" - Marv Stratos. Principal of Carver Middle School Mary Stratos, Principal of Carver Middle School, stated they are working at (1) expanding their community development, (2) strengthening academics, and (3) partnerships with the City of Delray Beach. Ms. Stratos thanked the City Commission for their support. Mayor Perlman inquired as to how many students are emolled in the IB Program. Ms. Stratos stated there are 320 students emolled in the IB Program and the school is trying to recruit more students from within the City of Delray Beach. Ms. Lorraine Fitzl, IB (International Baccalaureate )/Magnet Coordinator, stated technically the recruitment process ends in December for the following school year, but as families from the north move into the area, and hear there is an IB Program at the middle school level, they immediately inquire about it. The registration has continued through the opening of the school year. Ms. Stratos stated the IB Program can no longer take any more 7th or 8th grade students and there are only approximately 12 seats available for the sixth grade. She stated their goal is to have an IB School because, in her opinion, the philosophy associated with an IB Program should not be restricted to a specific group of children. - 2 - 08/16/05 -------- - 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROV AL/A VENUE EAST PLAT: Approve the subdivision plat for Avenue East, located on the east side of S.E. 2nd Avenue between S.E. 15t Street and East Atlantic Avenue. 8.A.I. RESOLUTION NO. 57-05: Approve Resolution No. 57-05 abandoning the East five (5) feet of a portion of S.E. 2nd Avenue, lying adjacent to Lots 1-18, less the south ten (10) feet, thereof, Subdivision of Block 85, located between East Atlantic A venue and S.E. 15t Street, in conjunction with the Avenue East Project. The caption of Resolution No. 57-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE EAST 5' OF A PORTION OF SE 2ND AVENUE, LYING ADJACENT TO LOTS 1 THROUGH 18 (LESS THE SOUTH 10' THEREOF), SUBDIVISION OF BLOCK 85 (PLAT BOOK 4, PAGE 14), LOCATED BETWEEN EAST ATLANTIC A VENUE AND SE 1sT STREET. (The official copy of Resolution No. 57-05 is on file in the City Clerk's office.) 8.B. AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/UNIVERSAL BEACH SERVICE CORPORATION: Approve an Amendment to the Contract for Sale and Purchase between the City and Universal Beach Service Corporation to allow a closing on or before September 15,2005. 8.C. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/WEST snr CONDOS: Authorize the City to act as the utility permit applicant for a water service connection within the state right-of-way, located on the west side of southbound Federal Highway, between S.E. 1 st Street and S.E. 2nd Street; and approve a hold harmless agreement with the developer (Faison-West Fifth, LLC). 8.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.E. AGREEMENT/DELRAY HARBOR CLUB: Approve an agreement with Delray Harbor Club which provides that the Delray Harbor Club shall construct a wall on their property between the City's proposed boat ramp and park area and the Harbor Club property and will maintain the wall for ten (10) years. The City will fund up to $60,000.00. Funding is proposed in the General Construction 05/06 CIP Plan. 8.F. CHANGE ORDER NO. t/FINAL PAYMENT/CHAZ EOUIPMENT COMPANY. INC.: Approve Change Order No. I in the amount of $11,500.00 and final payment in the amount of $53,510.00 to Chaz Equipment Company Inc. in accordance with the interlocal agreement with the South Central Regional Wastewater Treatment and Disposal Board - 3 - 08/16/05 -- (SCRWTDB) for the Area 1 Reclaimed Water System Project. Funding is available from 441- 5181-536-65.96 (Water & SewerIReclaimed Water Transmission). 8.G. ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Authorize staff to submit a revised grant application to the South Florida Water Management District (SFWMD) in the approximate amount of $1,000,000 (40% of the cost of construction) for alternative water supply funding. 8.H. DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) GRANT APPLICATIONIDRAINAGE IMPROVEMENTS: Authorize staff to submit a grant application to the Department of Environmental Protection (DEP) in the amount of $278,000.00 for a 50/50 matching grant for the Seasage Drive, Melaleuca Road, and Oleander Lane Drainage Improvements Project. 8.1. SERVICE AUTHORIZATION NO. 10.2/CH2M HILL. INC.: Approve Service Authorization No. 10.2 to CH2M Hill, Inc. in the amount of $12,913.00 for design of parking off the alley for N.W. 5th Avenue. Funding is available from 334-3162-541-65.83 (General Construction Fund/N.W.lS.W. 5th Avenue). The Community Redevelopment Agency (CRA) will fund the design fees. 8.J. SERVICE AUTHORIZATION NO. 3/HAZEN & SAWYER. INC.: Approve Service Authorization No. 3 to Hazen & Sawyer, Inc. in the amount of $26,610.00 for preparation of the variance application for the four log virus removal requirement. Funding is available from 442-5178-536-64.45 (Water Sewer Renewal and Replacement Fund/Gas Chlorine Conversion). 8.K. CHANGE ORDER NO.2 (CONTRACT ADDITION)/ROSSO PAVING & DRAINAGE. INC.: Approve Change Order No. 2 (Contract Addition) between the City and Rosso Paving & Drainage, Inc. in the amount of $58,982.91 for utility changes/modifications, installation of fiber optic conduit, and roadway restoration for the N.E. 4th Avenue Project. Funding is available from 448-5461-538-65.81 (Storm Water Utility Fund/N.E. 4th Avenue), 334-3162-541-65.81 (General Construction Fund/N.E. 4th Avenue), and 442-5178-536-63.51 (Water/Sewer Renewal & Replacement Fund/Sewer Mains). 8.L. SPECIAL EVENT REQUEST/19th ANNUAL TURKEY TROT: Approve a special event request to allow the 19th Annual Turkey Trot to be held on Saturday, November 19, 2005 from 6:00 a.m. until approximately 9:00 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-I-A from 8:00 a.m. until approximately 10:00 a.m. - 4- 08/16/05 --- 8.M. RESOLUTION NO. 55-05: Approve Resolution No. 55-05 authorizing the issuance of $10,000,000 of General Obligation Bonds and authorize the sale of such bonds to SunTrust Bank. The caption of Resolution No. 55-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 2005 (RECREATIONAL AND CULTURAL PROJECTS), OF THE CITY OF DELRA Y BEACH, FLORIDA FOR THE PURPOSE OF FINANCING ALL OR PORTION OF THE COSTS OF CERTAIN CAPITAL PROJECTS P ARTICULARL Y DESCRIBED IN RESOLUTION NO. 72-03; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO SUNTRUST BANK; PROVIDING FOR THE TERMS AND PAYMENT OF SAID GENERAL OBLIGATION BONDS, SERIES 2005 (RECREATIONAL AND CULTURAL PROJECTS) AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID GENERAL OBLIGATION BONDS, SERIES 2005 (RECREATIONAL AND CULTURAL PROJECTS); APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT WITH SUNTRUST BANK; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 55-05 is on file in the City Clerk's office.) 8.N. RESOLUTION NO. 56-05: Approve Resolution No. 56-05 authorizing SunTrust Bank as the provider of an $8,000,000 Line of Credit at a variable rate. The caption of Resolution No. 56-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE ISSUANCE, FROM TIME TO TIME, OF NOT TO EXCEED $8,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE IMPROVEMENT BONDS, SERIES 2005, OF THE CITY OF DELRA Y BEACH, FLORIDA FOR THE PURPOSE OF FINANCING ALL OR PORTION OF THE CITY'S OLD SCHOOL SQUARE PARKING GARAGE PROJECT, - 5 - 08/16/05 INCLUDING LAND ACQUISITION AND CONSTRUCTION COSTS AND ALL INCIDENTAL AND NECESSARY COSTS RELATING THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO SUNTRUST BANK; PROVIDING FOR THE TERMS AND PAYMENT OF SAID REVENUE IMPROVEMENT BONDS, SERIES 2005 AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID REVENUE IMPROVEMENT BONDS, SERIES 2005; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT WITH SUNTRUST BANK; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 56-05 is on file in the City Clerk's office.) 8.0. RESOLUTION NO. 52-05: Consider approval of Resolution No. 52-05 amending Resolution No. 75-04 and Resolution No. 24-05, FY 2005 Budget Adoption, adding $151,447.00 to the Golf Fund and Sanitation Fund. The caption of Resolution No. 52-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING RESOLUTION NO. 75-04 ADOPTED SEPTEMBER 21, 2004, AND RESOLUTION NO. 24-05 ADOPTED JUNE 7, 2005 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 200412005, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 200412005; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 52-05 is on file in the City Clerk's office.) 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 1,2005 through August 12,2005. -6- 08/16/05 ---~-- ~ AWARD OF BIDS AND CONTRACTS: L Purchase award to Workplace Resources in the amount of$107,179.37 via the Florida State Contract #425-001-01-1 and Broward County Contract Price Agreement #F5FM2005 for the purchase of Herman Miller/Geiger furniture for the Delray Beach Public Library. Funding is available from 380-3552-571-64.10 (2004 G.O. Bond/Library/Office Furniture/Fixtures). 2. Purchase award to J.C. White in the amount of$100,997.34 via the Florida State Contract #425-001-01-1 for the purchase of Haworth furniture for the Delray Beach Public Library. Funding is available from 380-3552- 571-64.10 (2004 G.O. Bond/Library/Office Furniture/Fixtures). 3. Purchase award to Show Turf in the amount of $40,144.00 via Hernando County School District Contract #03-515-03 for a John Deere 3235C Lightweight Fairway Mower for the Lakeview Golf Course. Funding is available from 445-4761-572-64.60 (Delray Beach Municipal Golf Course Fund/ Machinery and Equipment). 4. Purchase award to Contemporary Controls & Communications, Inc. in the amount of $18,469.00 for the purchase of one (1) Scorpio Radio Remote Irrigation Unit for Lake Ida Park and one (1) Irrinet Unit for the Catherine Strong/Splash Park. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond Fund/Improvements Other/Lake Ida Park) and 380-4150-572- 62-59 (2004 G.O. Bond FundlBuildings/Catherine Strong Center). 5. Contract award to MEF Construction, Inc. in the amount of $782,957.10 for the S.E.IN.E. 1 st Street One-Way Pair Conversion Project. The Community Redevelopment Agency (CRA) will provide funding of $582,327.10. Funding is available from 334-3162-541-65.88 (General Construction Fund/S.E.IN.E. 1st Street One-Way Pair), 448-5461-538- 65.88 (Stormwater Utility Fund/S.E.IN.E. 1st Street One-Way Pair), and 442-5178-536-65.88 (Water/Sewer Renewal and Replacement Fund/S.E.IN.E. 1 st Street One-Way Pair). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REOUEST/WEST 5TH CONDOS RESIDENTIAL DEVELOPMENT: Consider a waiver request to waive Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(2), "Stacking Distance", to reduce the 100' of clear stacking distance required from the right-of-way line to the electronically controlled gate panel to 64' for the West 5th Condos Residential Development, pursuant to LDR Section 2.4.7(B)(5), "Findings". (Quasi- Judicial Hearing) - 7 - 08/16/05 -~-~- Mayor Perlman read the procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Janet K. Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-155 into the record. Mr. Dorling stated this waiver request is in association with a condominium development called West 5th Condos. On July 13, 2005, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and landscape plan associated with the construction of a four-story high condominium consisting of twelve (12) condominium units. Pursuant to LDR Section 4.6.9(D)(3)(c)(2), a clear stacking distance of 100 feet is required in advance of all guardhouse or security gates and only 64 feet has been provided. The applicant has requested that a waiver be granted to this requirement. Staff recommends approval of this request based upon positive findings with respect to LDR Section 4.6.9(D)(3)(c)(2). Gary Stofft, Randall Stofft Architects, 3820 Sabal Lakes Road, Delray Beach (applicant) stated twelve (12) condominium units will receive two parking spaces whereas they are only required to provide 1.75 in the CBD (Central Business District). He stated the stacker is strictly for the owners to come in who will have a clicker to open the gate. The entire guest parking is outside of the gate and the required parking is either behind the building or in front of the gate. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the waiver, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. Ms. McCarthy moved to approve staffs recommended action on page two of the Planning and Zoning staff report, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. WAIVER REOUESTIMAROONE NISSAN: Consider a waiver request to allow a two (2) temporary sales/office trailers for Maroone Nissan, located at 2200 South Federal Highway. (Quasi-Judicial Hearing) Janet K. Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. - 8 - 08/16/05 --- Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-303 into the record. Mr. Dorling stated the proposal is in conjunction with the expansion of the Maroone Nissan of Delray facility includes the construction of an additional 1,000 square foot sales office and a 2,677 square foot service drive-up area. The applicant has requested to place two temporary modular trailers (1,363 square feet and 2,632 square feet) on the site to serve as sales office buildings during the construction of these additions and renovations. Pursuant to LDR Section 2.4.6(F) these temporary trailers are a kin to a construction trailer and constitutes a use allowed under the temporary use permit process. Given the extended stay of temporary modular trailer uses on similar properties in the past, City staff believes that any approval should be given a specific time limit. Furthermore, Mr. Dorling stated the issuance of temporary use permits should be issued concurrent with a building permit for the permanent improvements to the sales office/showroom. Staff recommends approval of the request with the caveat that the temporary trailers not exceed 24 months and subject to the three additional conditions: (1) That a site plan modification is processed and approval obtained from the Site Plan Review and Appearance Board (SPRAB), (2) That the site be fully restored in compliance with the approved site plan for Maroone Nissan of Delray once the trailers are removed; and, (3) That the temporary use permits for the trailers are to be issued in conjunction with the building permit issuance for the permanent improvements to the sales office/showroom. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver, the public hearing was closed. Mrs. Archer moved to approve a waiver for a Temporary Permit to be issued for a temporary sales office facility for a period not to exceed 24 months and subject to the conditions listed on page two of the Planning and Zoning staff report, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.C. WAIVER REQUEST/BLOCK 69: Consider a waiver request to allow the reduction of open space from 8.3% to 6.9% associated with the Block 69 Parking Garage, pursuant to LDR Section 2.4.5(F), "Site and Development and Master Development Plans (MDP)". (Quasi-Judicial Hearing) Janet K. Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. -9- 08/16/05 Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-278 into the record. Mr. Dorling stated on May 24, 2000, the Site Plan Review and Appearance Board (SPRAB) approved a residential development on Block 77, and its associated parking garage. On January 17, 2001, the Historic Preservation Board (HPB) approved a garage in association with that on Block 69. The Board also approved a waiver request to reduce the required open space from 10% to 8.3%. A redesign is now proposed which results in the elimination of the indented section of the garage located along the alley (west elevation). The modification results in a further reduction in open space from 8.3% to 6.9%. At its meeting of August 3, 2005, the Historic Preservation Board (HPB) held a public hearing in conjunction with the current request. After reviewing the proposal, the Board voted unanimously to recommend approval. Mike Covelli, Caulfield & Wheeler, Inc., 7301-A West Palmetto Park Road, Boca Raton, stated essentially what they have done is straighten the wall on the alley side of the building. He stated the plat has been recorded and the working drawings are close to completion. Mr. Covelli stated the drawings are filed with the City of Delray Beach for permit and this portion of the project is moving ahead. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver, the public hearing was closed. Mrs. Ellis moved to approve the waiver request to LDR Section 4.4.13(F)(2) to reduce the required open space from 8.3% to 6.9% for the proposed Block 69 Parking Garage, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 9.D. BID A W ARD/PREMIER BUS OPERATING COMPANY: Consider approval of a bid award to second lowest bidder, Premier Bus Operating Company, in the estimated annual amount of $68,640.00 for bus rental and driver services for the Parks and Recreation Department. Funding is available from 001-4127-572-55.30 (General Fund/Youth Football), 115-4912-572-55.30 Special Projects Fund/Youth Football), 001-4105-572-44.90 ( General Fund/Out of School Program/Lease Costs), 001-4121-572-44.90 ( General Fund/Athletics & Special Events/Lease Costs), 001-4127-572-44.90 (General FundIPompey Park/Lease Cost), and 001-4119-572-44.90 (General Fund/ Teen Center/Lease Cost). Joe Weldon, Director of Parks and Recreation, stated staff recommends awarding the City's transportation contract to the second lowest bidder Premier Bus Operating Company -10 - 08/16/05 in the amount of $68,640.00. The low bidder Simply The Best Charters, Inc., has mainly worked with private clubs and transporting senior citizens and has not transported many children. Mr. Weldon stated the difference between the first bidder and the second low bidder is $864.00. For clarification, Ms. McCarthy questioned Mr. Weldon's reference to transporting children and asked if there is something that is done differently between the bus companies. Mr. Weldon stated Simply The Best Charters, Inc. has mostly worked with private clubs, a couple times a year has worked for the Town of Jupiter Parks and Recreation Department to transport children, but most of their bus services involve senior citizens. He stated since 1994, the City of Delray Beach Parks and Recreation Department has contracted with seven bus companies to transport children and in his opinion Premier Bus Operating Company is the best company the City has dealt with. Mr. Weldon stated Premier Bus Operating Company is very efficient and provided the City of Del ray Beach with the best service. Mrs. Archer moved to approve the bid award to Premier Bus Operating Company (second lowest bidder), in the estimated annual amount of $68,640.00 for bus rental and driver services for the City of Delray Beach Parks and Recreation Department, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REOUESTILUPUS WALK-A-THON: Consider approval of a special event request to allow the 1 st Annual Strides for Lupus sponsored by the Lupus Foundation of America South East Chapter to be held on Saturday, January 14,2006 from 8:00 a.m. until I :00 p.m. with site set up to begin at 7:00 a.m., including granting a temporary use permit per LDR Section 2.4.6(H) for the closure and use of Anchor Park as a staging area and the use of sidewalks along the east side of A-I-A from Anchor Park to the north end of the beach; and authorize staff support for security and traffic control, barricade set-up/removal, EMS assistance, use/setup of small stage; waiver of parking fees in Anchor Park; with event signage to be installed no earlier than ten (10) days prior to the event and banners only be allowed on the stage and in Anchor Park; contingent on sponsor providing a hold harmless agreement, a certificate of event liability insurance no later than two (2) weeks before the event. Robert A. Barcinski, Assistant City Manager, stated this is a request from the Lupus Foundation of America South East Chapter which is proposing to hold the I st Annual Strides for Lupus walk along A-I-A on Saturday, January 14, 2006 from 8:00 a.m. to 1:00 p.m. with set up to begin at 7:00 a.m. Also, the request also includes granting a temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park as a staging area and the use of sidewalks along A-I-A, to waive parking fees in Anchor Park, and provide staff support for security and traffic control as needed. Total overtime costs are estimated at $300.00 and stage rental is estimated at $265.00. Staff recommends approval. Mr. Levinson inquired about the media sponsor. Mr. Barcinski stated it appears that there is no media sponsor listed. - 11 - 08/16/05 Mr. Levinson moved to approve subject to adding Condition #5 that none ofthe three newspapers serving our area be permitted to be engaged as the media sponsor. Due to a lack of a second, the following alternate motion was made: Mrs. Archer moved to approve the Special Event request to allow the 1 st Annual Strides for Lupus sponsored by the Lupus Foundation of America South East Chapter to be held on Saturday, January 14, 2006 per the conditions listed in the staff report, seconded Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.F. SPECIAL EVENT REQUESTIFILM FESTIVAL: Consider approval of a special event request to endorse the 1 st Annual Delray Beach Film Festival sponsored by Michael C. Posner to be held March 8-11, 2006 at Old School Square in the theater and pavilion area; including funding of Old School Square rental fees, technician fees, and historic preservation fees. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the proposed 1st Annual Delray Beach Film Festival sponsored by Michael C. Posner to be held March 8-11, 2006 at Old School Square in the theater and pavilion area. These costs include rental fees, technician fees and the historic preservation fee. Rental costs would be $7,357.50 which is at a 50% discount from retail, technician costs are $20 per hour with a four (4) hour minimum, and the historic fee is $1.00 per ticket sold. Mr. Barcinski stated the applicant has not provided proof of non-profit status. Mrs. Archer suggested that this item be deferred until more information is provided regarding proof of non-profit status. Mayor Perlman expressed concern that this would set a precedent for other groups to ask Old School Square to waive the fees and it comes back to the City having to pick up the fee. It puts the City is in a position where the taxpayers would subsidize an idea. He stated the clear answer is to get a sponsor and pay the fees. Mr. Levinson concurred with comments expressed by Mrs. Archer. Mrs. Archer moved to Table, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to TABLE passed with a 5 to 0 vote. At this point, the time being 6:40 p.m., the Commission moved to Item 7.A., Presentation by Senator Jeffrey Atwater and Representative Adam Hasner. - 12 - 08/16/05 7.A. Senator Atwater and Representative Adam Hasner Senator Atwater and Representative Adam Hasner presented the City of Delray Beach with a check in the amount of $278,000 for the drainage programs. Senator Atwater and Representative Hasner signed the check and gave a few brief comments. On behalf of the City of Delray Beach, Mayor Perlman came forward to accept the check. At this point, the Commission moved back to Item 9.G. of the Regular Agenda. 9.G. SPECIAL EVENT REQUEST/FREEDOM RIDE: Consider approval of a special event request to endorse the "Freedom Ride 2005" sponsored by WIRK Radio Station to be held on Saturday, October 8, 2005 from 4:00 p.m. until 11 :00 p.m., including granting a temporary use permit per LDR Section 2.4.6(H) for the closure and use ofN.E. 15t Avenue from Atlantic A venue to the grounds of Old School Square; and authorize staff support for security and traffic control, barricade set-up/removal, EMS assistance, event signage; contingent on sponsor providing a hold harmless agreement, a certificate of liability insurance, a certificate of liquor liability insurance, and a copy of an agreement with the CRA for use of their parking lot no later than ten (10) days prior to the event; no bike parking allowed on the sidewalks on Atlantic Avenue. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the "Freedom Ride 2005" to be held on October 8, 2005 from 4:00 p.m. - 11 :00 p.m. on the grounds of Old School Square and approve staff support for traffic control and security, EMS assistance, trash removal and clean-up, barricade setup and removal, and event signage. The sponsor of the event is WIRK Radio Station. The purpose of the event is to show patriotism and support for our citizens serving in the Armed Forces. The event includes a motorcycle ride from West Palm Beach to Old School Square. Funds raised for the event will go to the Forgotten Soldiers Outreach, Inc. The estimated overtime cost for staff support is approximately $1,900.00 and event signage costs are approximately $250.00 for a total of $2,150.00. Per the Event Policies and Procedures, the event sponsor would be required to pay the City approximately $575.00. The Fire Department has indicated that they do not need to provide on-site EMS assistance. Mrs. Archer stated having owned and driven a motorcycle for several years and having participated in events like this in the past, she does not feel she can support this event in Delray Beach because, in her opinion, those participants generally do not abide by the local rules and they feel obligated to gun their motors and drive through local streets without regard to local residents. She stated she does not feel comfortable subjecting the residents to this kind of treatment. Mr. Levinson suggested that a 4th condition be added so that the City is permitted to have some opportunity to discuss with the motorcyclists the need to be responsible citizens. Mrs. Ellis expressed concern over the noise that will be generated from the motorcycles and she was also concerned about the "beer garden". - 13- 08/16/05 Brief discussion followed by the Commission regarding the travel route of how the motorcyclists will enter into the city. Mayor Perlman stated the number one complaint he receives is about the motorcycle noise. He feels the City has been very supportive ofthe Forgotten Soldiers Outreach, Inc. (i.e. July 4t\ etc.) because it is a great cause. However, Mayor Perlman stated there are too many unanswered questions with this request to be comfortable with supporting it. Prior to the vote, Ms. McCarthy stated she feels this could have been a good and valid event; however, she cannot support it because of all the unanswered questions. She stated there is not enough information provided in the agenda backup in order to be comfortable that it will not be something adverse. Ms. McCarthy stated it is not because they are proposing a "beer garden" and noted the Chamber of Commerce sold beer at the Delray Affair and things that people thought might happen did not happen just because beer was being sold. She would have felt more comfortable knowing the travel route and if the Police Department had some type of criteria so that they had a comfort level with how the motorcyclists would be entering and exiting the city. Mrs. Ellis moved to approve the Special Event request to endorse the "Freedom Ride 2005" proposed to be held on October 8, 2005, per staffs recommendation, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - No; Mrs. Archer- No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No. Said motion was DENIED with a 5 to 0 vote. 9.H. AMENDMENT/CONSENT TO ASSIGNMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/JEG ASSOCIATES. INC.lSMART. IN c.: Consider approval of an amendment to the Interlocal Agreement with the Community Redevelopment Agency (CRA) and JEG Associates, Inc. and consent to assignment to Smart, Inc. for consulting services associated with the Southwest Neighborhood Plan. Mayor Perlman declared a Conflict of Interest and passed the gavel to Vice Mayor Levinson and left the dais. The City Attorney stated this is an amendment to the agreement and consent to assignment from JEG Associates, Inc. to Smart, Inc. The original Task 6 regarding the Community Land Trust is omitted from the scope of work and Task 7 is modified to provide for technical assistance with the financial aspects of various projects. Staffrecommends approval of the assignment. Ms. McCarthy moved to approve the assignment of the Consulting Agreement between the City, Community Redevelopment Agency (CRA) and Smart, Inc., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. - 14- 08/16/05 ----- 9.1. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)!GATEW AY FEATURE GRANT MATCH: Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of up to $150,000.00 for the 50/50 matching Florida Department of Transportation (FDOT) Grant for landscaping along West Atlantic Avenue. L RESOLUTION NO. 58-05: Consider approval of Resolution No. 58- 05 authorizing the City Manager to execute documents for the Florida Department of Transportation (FDOT) Highway Beautification Council Grant Application. The caption of Resolution No. 58-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT AN APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT TO SUPPORT THE BEAUTIFICATION OF THE 1-95/ATLANTIC AVENUE INTERCHANGE NORTH- BOUND OFF-AND ON-RAMPS, PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 58-05 is on file in the City Clerk's office.) Richard Hasko, Director of Environmental Services, stated this item is to authorize the City of Delray Beach to apply for a Florida Department of Transportation (FDOT) Grant with the Community Redevelopment Agency (CRA) for landscaping along West Atlantic Avenue and approve Resolution No. 58-05 to authorize the City Manager to execute the appropriate documents. Mrs. Archer commented on the two large trees on 1ih Avenue and stated she would like to see these trees be preserved because they provide shade for the community in the surrounding the area. Vice Mayor Levinson stated at the CRA presentation and the Downtown Business Plan meeting, the intent was to provide a shaded area using those trees. Mrs. Archer moved to approve the Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of up to $150,000.00 for the 50/50 matching Florida Department of Transportation (FDOT) Grant for the landscaping along West Atlantic A venue, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. - IS - 08/16/05 Mrs. Archer moved to approve Resolution No. 58-05, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Perlman returned to the dais. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 53-OS: Rezoning from CBD (Central Business District) to CF (Community Facilities) for a 0.78 acre parcel of land for Delray Community Missionary Baptist Church, located on the north and south sides of S.W. 15t Street, west of S.W. 51h Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 53-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH AND SOUTH SIDES OF SW 1ST STREET, WEST OF SW 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-05 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-127 into the record. Mr. Dorling stated this property has been rezoned several times in 1990 with City- wide rezonings from RM-6 (Multiple Family Residential - 6 du/ac) to RM (Medium Density Residential). On January 6,2004, the City Commission approved a change in zone district from RM (Medium Density Residential) to GC (General Commercial) for Lots 9 and 10 Block 22, - 16 - 08/16/05 - ------- pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. In conjunction with the adopted Delray Beach Downtown Master Plan, on October 19, 2004, the City Commission approved Ordinance No. 31-04 which rezoned the subject site from GC (General Commercial) to CBD (Central Business District). The church is proposing to renovate the existing building to accommodate a meeting/fellowship hall and the construction of a 3,SOO square foot sanctuary with classrooms and associated parking on the vacant parcels located at the southwest comer of S.W. 1st Street and S.W. Sth Avenue. As the CBD zone district does not allow churches or places of worship, a rezoning application has been submitted by the Church to change the zoning designation of the entire church holdings from CBD (Central Business District) to CF (Community Facilities). At its meeting of July 18, 200S, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted 6-0 to recommend approval of the rezoning. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the rezoning, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the rezoning, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. S3-0S on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a S to 0 vote. to.B. ORDINANCE NO. 62-05 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.6(D)(1l), "Medium Density Residential (RM) District; Conditional Uses and Structures Allowed", to expand the geographical location where private beach clubs are allowed within the RM Zoning District. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 62-0S is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO EXPAND THE GEOGRAPHICAL LOCATION WHERE PRIVATE BEACH CLUBS ARE ALLOWED WITHIN THE RM ZONING DISTRICT; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. - 17 - 08/16/0S ---- (The official copy of Ordinance No. 62-05 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 amendment to the Land Development Regulations that has been submitted on behalf of owners of the Seagate Beach Club to allow the inclusion of the Seagate Beach Club within the geographic area of the RM Zoning District where private beach clubs are allowed. The purpose for the proposed amendment is to provide an opportunity for the petitioner's Club to remove its non-conforming/grandfathered status into that of a conditional use. The existing beach club will become a conforming conditional use, which will allow the owners to make an application to reconfigure it in a manner that is much more compatible with the surrounding area. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. After discussion, the Board voted 6-0 to recommend approval of the proposed amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 62-05, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 62-05 on Second Reading/Second Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 61-05 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR), Section 4.4. 19(D)(2), "Mixed Industrial and Commercial (MIC) District; Conditional Uses and Structures Allowed", to add the storage and rental of heavy construction equipment not over 100' long, 14' wide, and 15' high as a Conditional Use in the MIC (Mixed Industrial and Commercial) zoning district. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 61-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT" , SUBSECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD THE STORAGE AND RENTAL OF HEAVY EQUIPMENT AS A - 18 - 08/16/05 CONDITIONAL USE IN THE MIC ZONING DISTRICT; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 61-05 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 LDR text amendment to add a new use know as the "Storage and Rental of Heavy Construction Equipment not over 100 feet long, 14 feet high". The applicant has added a 250 foot separation requirement from any arterial roadway (except interstate 95) for this use. The revision also includes buffer requirements that include either a 6 foot high wall or 6 foot high hedge together with increase perimeter landscape buffer and trees. In addition to the buffer requirements and per the revisions that were requested by the City Commission on first reading, there is also a section that requires when adjacent to a public building, school, park, library or residential area that a minimum six (6) foot berm be provided and on top of that berm either a six (6) foot high hedge or wall be constructed. The amendment is consistent with the goals and objectives of the policy of the Comprehensive Plan and the positive findings are made in the staff report. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. After discussing the amendment, the Board voted 6-0 to recommend approval of the proposed amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 61-05, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 61-05 on Second Reading/Second Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. lO.D. ORDINANCE NO. 57-05 (FIRST READING/FIRST PUBLIC HEARING): Rezoning from PC (Planned Commercial) in part, and PRD (Planned Residential Development) in part, to OSR (Open Space and Recreation) for an 11.15 acre parcel ofland for Bexley Park, located between Barwick Road and Military Trail north of the L-31 Canal. If passed, a second public hearing will be scheduled for September 6,2005. The caption of Ordinance No. 57-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN PART AND PRD (PLANNED RESIDENTIAL - 19 - 08/16/05 DEVELOPMENT) DISTRICT IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF THE L-31 CANAL, AS MORE P ARTICULARL Y DESCRIBED HEREIN ; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 57-05 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 at its meeting of June 16, 2003, the Planning and Zoning Board approved a Master Development Plan for the entire 55 acre Bexley Park development. The development includes a 264 lot subdivision and consists of 101 single-family zero lot line homes, 82 three-story town homes, and 81 two-story triplex villas, a publicly dedicated 11.15 acre park site and 3.78 acre lake parceL He stated the residential components are under construction at this time and this petition involves the 11.15 acre park site currently zoned PRD (Planned Residential Development) which does not allow parks. The requested change is from PRD (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) which would allow and accommodate the construction of the future park at this location. The rezoning to OSR is being processed concurrently with a Future Land Use Map amendment from LD (Low Density Residential) in part and GC (General Commercial) in part to OS (Open Space). Mr. Dorling stated this is the first reading on the rezoning and the second reading of the rezoning will occur at the same meeting as the adoption hearing of the Comprehensive Plan amendment. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the rezoning and related Future Land Use Map amendment. After discussion, the Board voted 6-0 (Jill Morris resigned) to recommend approval of the rezoning from PRD (planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 57-05, the public hearing was closed. Ms. McCarthy moved to approve Ordinance No. 57-05 on First Reading/First Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. - 20- 08/16/05 10.E. ORDINANCE NO. 49-05: City initiated amendment to Land Development Regulations (LDR), Section 2.4.3(K)(1), "Development Applications", to provide for an increase in the Development Application Fees. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 49-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3(K), "FEES", SUBSECTION 2.4.3(K)(1 ), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 49-05 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 during the time these fees were last raised, the City Commission directed staff to consider raising the fees every few years. Staff reviewed the fee schedule and determined that an increase in fees of 5% is justified. The fees have been rounded up in increments of five dollars ($5.00). This increase would place the City of Delray Beach's fees in the midrange of the municipalities surveyed. In addition, the proposal includes a new fee for a Certificate of Appropriateness (COA) as it relates to new construction and additions in historic districts that require review by the Board. Also, a new fee is proposed for demolition requests within historic districts and requests to relocate structures out of the district. Mr. Dorling stated there is a significant increase in the zoning verification letters increasing from $55.00 to $110.00. Since the development community is asking for significant research, this fee is being increased to justify the staff time necessary to do this. At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. After discussion, the Board voted 7-0 to recommend approval of the proposed amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 49-05, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 49-05 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. - 21 - 08/16/05 --~-~- to.F. ORDINANCE NO. 64-05: An ordinance amending Chapter 95, "Emergency Management", by enacting Section 95.16, "Portable Generators", to provide for the regulation of portable generators. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 64-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 95, "EMERGENCY MANAGEMENT", BY ENACTING SECTION 95.16, "PORTABLE GENERATORS", TO PROVIDE FOR THE REGULATION OF PORTABLE GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 64-05 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 64-05, the public hearing was closed. Mr. Levinson suggested that information regarding the portable generators be placed in the next News for Neighborhoods Newsletter. Ivan Ladizinsky, Public Information Officer, stated this is already in the utility bills. Ms. McCarthy stated ifthis does not take up too much space, she too feels this information should be placed in the News for Neighborhoods Newsletter as suggested by Vice Mayor Levinson. Mr. Levinson moved to adopt Ordinance No. 64-05 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 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 Manal!er's response to prior public comments and inquiries. The City Manager stated the City received a long list of concerns that S.A.F.E. (Safety As Floridians Expect) had about the Federal Highways and noted staff will review and provide S.A.F.E. with a written response. - 22- 08/16/05 1l.B. From the Public. 1l.B.1. Geraldine Thompson Hudson. 551 Davis Road. Delrav Beach. expressed concern over the safety at the entrance and exit of Delray Shores (Sudan subdivision). She stated, at one time she was the President of Delray Shores and petitioned for a traffic light at the intersection of Davis Road and Lake Ida Road. Consequently, a survey was done during the summer and at that time it did not warrant a traffic light at this location. However, Ms. Hudson stated now with the new Atlantic High School and the buses traveling down Davis Road, there is a dire need for a traffic light at this intersection. 11.B.2. Jerrod Becker. 426 N.E. 7th Avenue. Delrav Beach (#1-B). expressed concern over the poor condition of the alleyway that runs parallel between N.E. 6th Avenue (northbound Federal Highway) and N.E. ih Avenue and an alley between N.E. 4th Street (Lake Ida) and N.E. 5th Street. He stated the alleyway (directly behind the Muffler store) has been an eyesore as long as he has lived there. There are potholes and standing water. He commented that the alleyway going down Atlantic Avenue has been redone and asked when the City plans to fix this area. Secondly, Mr. Becker stated he drives down Lake Ida Road every morning to get to work and when the school buses pull out of Davis Road they stop in the middle of Lake Ida Road because they have to cross four lanes of traffic to make a left hand turn. He stated every day people have to stop to keep from hitting the back end of a school bus that is hanging out in the road because the bus drivers cannot get across Lake Ida Road. Mr. Levinson stated Palm Beach County had informed the City of Delray Beach that after Atlantic High School was built, they would resurvey. Because of the buses, the City may now be able to get a light where before we could not. At this point, the time being 7:25 p.m., the Commission moved back to Item 9.J., Proposal for Settlement in Williams v. City of Delray Beach. 9.J. PROPOSAL FOR SETTLEMENT IN WILLIAMS v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of$12,499.99 in Williams v. City of Delray Beach. Staff recommendation is acceptance. Mr. Levinson moved to approve the Proposal for Settlement in the Williams v. City of Delray Beach in the amount of $12,499.99, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) regular members to the Board of Adjustment and two (2) alternate members for two (2) year terms ending August 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), (Commissioner Ellis (Seat #1), and Commissioner Archer (Seat #2). - 23 - 08/16/05 Ms. McCarthy moved to reappoint Lisa Shaheen as a regular member to the Board of Adjustment for a two (2) year term ending August 31,2007, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he wished to reappoint Bryce Newell as a regular member to the Board of Adjustment for a two (2) year term ending August 31, 2007. Ms. McCarthy so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mrs. Ellis moved to reappoint Sigurdur Hardester as an alternate member to the Board of Adjustment for a two (2) year term ending August 31, 2007, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint William Branning as a regular member to the Board of Adjustment for a two (2) year term ending August 31, 2007, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three (3) regular members to the Historic Preservation Board for two (2) year terms ending August 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Ellis (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3). Mrs. Ellis moved to reappoint John Miller, Jr. as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2007, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint JoAnn Peart as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. Mr. Levinson moved to reappoint Randee Schatz as a regular member to the Historic Preservation Board for a two (2) year term ending August 31, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -Yes; Mrs. Ellis - Yes; Mrs. Archer - No. Said motion passed with a 4 to 1 vote, Commissioner Archer dissenting. - 24- 08/16/05 9.M. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint three (3) regular members to the Planning and Zoning Board for two (2) year terms ending August 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). Mrs. Archer stated she would like to defer her appointment to the next regular meeting of September 6,2005. Mr. Levinson moved to appoint Nelson McDuffie as a regular member to the Planning and Zoning Board for a two (2) year term ending August 31, 2007, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to o vote. Ms. McCarthy stated she would like to defer her appointment to the next regular meeting of September 6,2005. 9.N. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint one (I) regular member to the Public Art Advisory Board for a one (I) year term ending August 2, 2006 and appoint one (1) regular member for a two (2) year term ending August 2, 2007. Based upon the rotation system, the appointments will be made by Commissioner Ellis (Seat #1). Mrs. Ellis moved to appoint Mary Smith as a regular member to the Public Art Advisory Board for a one (1) year term ending August 2,2006, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mrs. Ellis moved to appoint Roger Hurlburt as a regular member to the Public Art Advisory Board for a two (2) year term ending August 2, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 58-05: Voluntary annexation via water service agreement for a 4.72 acre parcel of land which contains Watkins Motor Lines Truck Terminal, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. If passed, a public hearing will be scheduled for September 6, 2005. The caption of Ordinance No. 58-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO - 25 - 08/16/05 -------- THE CITY OF DELRAY BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 58-05 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 is a 4.72 acre site which contains the Watkins Truck Terminal and is located in unincorporated Palm Beach County. The Watkins Truck Terminal was legally established by Resolution No. 71-299 and approved on August 19, 1971 by the Palm Beach Board of County Commissioners. The property is located within the City's Planning Area (Future Annexation Area) and the owner is subject to a voluntary annexation clause via an executed water service agreement. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted unanimously to recommend approval. Ms. McCarthy moved to approve Ordinance No. 58-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 63-05: Voluntary annexation via water service agreement for a 0.96 acre parcel of land which contains Valero Gas Station, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. Ifpassed, a public hearing will be scheduled for September 6,2005. The caption of Ordinance No. 63-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE - 26- 08/16/05 RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 63-05 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 is a 0.96 acre site which contains Valero Gas Station and is currently located within the City's Planning Area (Future Annexation Area) and the City is executing and annexation clause. The Valero Gas Station was legally established by Resolution No. 81-1212 approved on September 29, 1981 by the Palm Beach Board of County Commissioners. At is meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted unanimously to recommend approval. Mrs. Ellis moved to approve Ordinance No. 63-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 66-05: Voluntary annexation via water service agreement for a 3.45 acre parcel of land which contains the Public Self Storage facility, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. If passed, a public hearing will be scheduled for September 6,2005. The caption of Ordinance No. 66-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PAJtCELS OF LA~ LOCATED ON THE WEST SIDE OF MILITAJtY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE P AJtTICULARL Y DESCRIBED HEREIN, WHICH LA~ IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LA~; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 66-05 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. - 27- 08/16/05 Paul Dorling, Director of Planning and Zoning, stated this is a 3.45 acre parcel and contains a Public Self Storage facility. The Public Self Storage facility was legally established by Resolution No. 84-1857 and approved on December 11, 1984 by the Palm Beach Board of County Commissioners which granted a special exception to allow an enclosed storage facility on the property. The property is currently receiving water service from the City and is contiguous to the City limits to the east. The water is being provided pursuant to a water service agreement executed on May 18, 1979 which included a voluntary annexation clause. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted unanimously to recommend approval. Mrs. Archer moved to approve Ordinance No. 66-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Commission. 13.A. City Manaeer The City Manager stated at the Palm Beach County League of Cities Board meeting there was a presentation regarding and Economic Summit which will be held on November 9th and loth at the Civic Center in West Palm Beach. He stated there will be a $45.00 registration fee with more information to follow. The City Manager stated it has been approximately 12-15 years since there was a County-wide Economic Summit. Secondly, the City Manager stated there will be a Strategic Planning Retreat for the Palm Beach County League of Cities on September 14th. He stated there will be a Gold Coast League of Cities Breakfast in Orlando on Saturday morning (August 20, 2005). Lastly, the City Manager stated he had asked each department to develop a detailed list of everything they do with the idea that there may be things we do not need to be doing anymore. He distributed copies of the list to the City Commission. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. - 28- 08/16/05 ~--- 13.C. City Commission 13.C.I. Mr. Levinson Mr. Levinson congratulated Mrs. Wesley and the Roots Festival. Secondly, he stated he had the opportunity today to listen to the replay of Carol Coletta's Radio Show where there were two individuals (one from Chicago and Mayor Perlman) who had been on the national radio show. Mr. Levinson stated it was very good and allowed the City to tell of its success. He encouraged everyone to access the website and replay the audio. Mr. Levinson commented that Mayor Perlman was on MPR Sunday evening at 7:00 p.m. Lastly, Mr. Levinson stated Herb Hiller (who is very well known in the travel and tourism industry) has written a new book called "Highway A-I-A Florida at the Edge". Mr. Levinson read the following quote into the record: "Hiller identified West Palm Beach and Delray Beach as two cities that 'get Florida right' and he applauds City planners for dense village style development such as City Place, Clematis in West Palm Beach and Atlantic Avenue in Delray Beach." 13.C.2. Ms. McCarthv Ms. McCarthy congratulated Mayor Perlman for his debut on the radio show MPR and stated it was very well done. Secondly, she stated she had the opportunity to attend the Black Journalist Luncheon in West Palm Beach and it was extremely well done. Ms. McCarthy stated one of the local businesses had sponsored a table and asked her to join them for the luncheon. She congratulated Mrs. Wesley for the outstanding job with the Roots Festival. Ms. McCarthy stated she is hopeful that in the future there will be additional helpers to assist with the busy work at the Roots Festival. 13.C.3. Mrs. Ellis Mrs. Ellis stated she appreciates the warm thoughts from everyone when she was out ill and she is glad to be back. Secondly, Mrs. Ellis stated she is planning to attend the Florida League of Cities Conference this weekend; however, at this point, she has to limit what she will partake of and asked the Commission to suggest those conferences/seminars that are really worthwhile to attend. Mayor Perlman stated the Commission typically splits up the conferences/seminars and they can discuss this in order to cover as much ground as possible. - 29- 08/16/05 --- -- - 13.C.4. Mrs. Archer Mrs. Archer apologized for not being able to attend any of the Roots Festival events this weekend because she was in the Keys celebrating her granddaughter's 2nd birthday. She stated she attended the O'Bon Festival on Saturday evening hosted by Morikami and noted there was a huge turnout. Lastly, Mrs. Archer commended Mayor Perlman for his wonderful efforts regarding Public Relations and what he has done for Delray Beach. She stated he is doing an outstanding job which is really good for the city. 13.C.5. Mavor Perlman Mayor Perlman welcomed back Commissioner Ellis who missed a few meetings due to an illness. He thanked Commissioner Ellis' daughter for keeping the Commission abreast of her condition. Secondly, Mayor Perlman stated he has been a fan of the MPR show and each week they have interesting guests. He stated he received a call from people in Smyrna, Georgia (outside Atlanta) and they are intrigued by Delray Beach. Mayor Perlman stated Otis White has written about Smyrna and also noted that he received a call from a community outside of Baton Rouge, Louisiana. He stated Delray Beach was recently referenced in a New York Times Magazine. Mayor Perlman stated in the final years of the Clinton Administration former President Clinton did an appropriation for a "Chimp Retiree Sanctuary" in Fort Pierce (a cover story where chimps go to retire) and the reference was that it was the monkey version of Delray Beach. Mayor Perlman stated the City received a check from Senator Jeffrey Atwater and Representative Adam Hasner and commended staff, the local delegation, and lobbyists in Tallahassee for ajob well done. Mayor Perlman stated the City of Delray Beach received $20.00 back for every $1.00 spent on their investment. He stated there is a lot of expertise in both the House and the Senate and he expects good things in the upcoming session from the team in Tallahassee. He commented about the study that F AU released, and that Ivan Ladizinsky wrote a good press release about the planning that has gone into Delray Beach and how this sets us apart from other cities. He stated the Roots Festival was very good and he enjoyed the parade and Prayer Breakfast. Mayor Perlman stated Commissioner McCarthy gave a great tribute to Bob Barcinski and all he does to make things happen behind the scenes. Mayor Perlman stated at the Prayer Breakfast Pastor Reeve from St. Paul AME Church in Boynton Beach spoke about community - 30- 08/16/05 unity. In addition, Mayor Perlman stated Elizabeth Butler recited a spectacular poem which she wrote. Mayor Perlman stated Mr. Bob Hagel is recovering at Delray Medical and asked everyone to keep him in their prayers. There being no further business, Mayor Perlman declared the meeting adjourned at 7:59 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 Tuesday, August 16, 2005, which Minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 31 - 08/16/05 , FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS lAST NAME-FIRST NAME----MIDDlE NAME NAME OF BOARD. COUNCil. COMMISSION. AUTHORITY. OR COMMfTTEE Perlman, Jeffrey L. Delray Beach City Commission MAILING ADDRESS, THE BOARD. COUNCil. COMMISSION. AUTHORITY OR COMMITTEE ON 971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF: CITY COUNTY VI CITY o COUNTY o OTHER lOCAl AGENCY Delrav Beach. FL 33444 Palm Beach NAME OF POlmCAl SUBDMSION: City of Delrav Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: Auqust 16, 2005 ~ ElECTIVE o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board. council. commission. authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure In which you have a conflict of interest will vary greaUy depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law. a -relative" includes only the officer's father, mother, son. daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any nallonal or regional stock exchange). . . . . . . . . . . . . . * . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting. who should incorporate the form in the minutes. . * * * * * * . . . * . * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above. you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will Incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF.l/2000 PAGE 1 9-H APPOINTED OFFICERS (continued) . A copy of the fonn must be provided immediately to the other members of the agency. . The fonn must be read publicly at the next meeting after the fonn is filed. IF YOU MAKE NO ATTEMPT TO INflUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the fonn and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the agency, and the fonn must be read publicly at the next meeting after the fonn is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. Jeffrey Perlman . hereby disclose that on A uqus t 16 ,20~: (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; inured to the special gain or loss of my business associate, . - . X inured to the special gain or loss of my relative, Diane Colonna . - - inured to the special gain or loss of .by whom I am retained; or - inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Dian4 Colonna, my wife, is Director of the Community Redevelopment Agency (CRA) . I have a conflict voting on items that directly affect th Community Redevelopment Agency. 08/16/2005 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 I FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIOOLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE Perlman, Jeffrey L. Delray Beach City Commission MAILING ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON 971 De1ray Lakes Drive WHICH I SERVE IS A UNIT OF: CITY COUNTY ~CI1Y o COUNTY o OTHER LOCAl AGENCY Delrav Beach. FL 33444 Palm Beach NAME OF POlmCAl SUBDIVISION: Citv of Delrav Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: August 16, 2005 ~ ELECTIVE o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, counCil. commission. authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a connict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, muniCipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his Of her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained): to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father. mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law. son-in-law. and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . . . . . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . . . . . . . . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision. whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 9-1, 9-1 1. APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publidy at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER"S INTEREST I, Jeffrey Perlman ,hereby disdose that on Auqust 16 .20~: (a) A measure came or will come before my agency which (check one) - inured to my special private gain or loss; - inured to the special gain or loss of my business associate. , --X inured to the special gain or loss of my relative. nirlnp r.olonnrl . - inured to the special gain or loss of . by whom I am retained; or - inured to the special gain or loss of . which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Diane Colonna, my wife, is Director of the Community Redevelopment Agency ( CRA) . I have a conflict voting on items that directly affect the Community Redevelopment Agency. 08/16/2005 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 112000 PAGE 2 SPECIAL MEETING /WORKSHOP AUGUST 23, 2005 A Special Meeting/Workshop of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:02 p.m., on Tuesday, August 23,2005. Roll call showed: Present - Commissioner Patricia Archer (arrived at 6:05 p.m.) Commissioner Rita Ellis Vice-Mayor Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Janet K. Wlupple, Acting City Clerk Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considermg the following item: SPECIAL MEETING AGENDA 1. APPROVAL OF NOMINATION FOR THE ANNUAL FLORIDA LEAGUE OF CITIES EXCELLENCE AWARDS PROGRAM: Consider approval of the nomination of David T. Harden m the Category of City Manager of the Year for the Flonda League of Cities Excellence A wards Program. Tlus approval is a new requirement this year. All nomination packets must be received by the League by Friday, August 26, 2005. Mr. Levinson moved to place Clty Manager David T. Harden's name into nomination for the category of Clty Manager of the Year for the Florida League of Cities Excellence A wards Program, seconded by Mrs. Ellis. Upon roll call, the Commission voted as follows: Mrs. Ellis- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 4 to O. Mr. Levinson also moved to place Finance Director Joe Safford's name into nomination for the category of Finance Officer of the Year for the Florida League of Cities Excellence Award Program, seconded by Ms. McCarthy. Upon roll call, the CommisslOn voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed 4 to O. Mayor Perlman noted Community Improvement Director Lula Buder had been selected as Employee of the Year for the State of Florida, The City of Delray was a finalist for the City of Excellence A ward, and Mayor Perlman was one of six finalists for Mayor of the Year Award during last year's program. Mayor Perlman declared the Special Meeting adjourned at 6:05 p.m. WORKSHOP AGENDA 1. Discussion of Performing Arts Center Proposal Mr. Harden provided information on a proposal for a Performing Arts Center. One proposed location was on property adjacent to the Old School Square. The City of Delray Beach had been awarded a grant for $2,006,000 from the Florida Communities Trust Fund for acqUlSltlOn of this property based on the City's plan to develop a park site. If a Performmg Arts Center were placed on this property, he felt the City might lose the grant. The City Attorney noted the grant agreement would need to be signed by September 15th , so the Item would have to be placed on the agenda for the September 6, 2005 Commission Meeting for approval. Discussion followed on location of, and whether a Performing Arts Center was desired in the City of Delray Beach. Consensus of the Commission was to revisit the proposal with another slte location, and get advice from a consultant on feasibility. 2. Presentation of the Cluster Study - Blount Hunter Mr. Blount Hunter presented the Downtown Delrqy Beach 2004 Patron Profile Cluster Analysis and Retail Development Strategy Update. He provided the Commission with a PowerPoint presentation on different scenarios for each of the eight (8) clusters along Downtown Atlantic Avenue. Discussion followed with questions on types of businesses, hours of operations, and possible residential opportunities within the cluster areas. Consensus of the Commission was favorable to proceed with the proposal. 3. Discussion Regarding Proposed Budget for FY 2006 The Commissioners discussed where they were in their individual budget review process. Each would meet with Mr. Harden with specific questions, and then concerns would be brought to the CIty CommisslOn Meeting on September 6, 2005 for discussion on the tentative budget proposals. Discussion followed on how improvements could be made for traffic enforcement and control, new furniture for the City Manager's office, restoring the City Commission Chambers and Lobby, and how Planning and Zoning could expedite the process for Site Plans approval. Mayor Perlman adjourned the Special Meeting/Workshop at 8:51 p.m. 2 August 23, 2005 --~-- Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herem is the Minutes of the Special Meetmg/Workshop of the City Commission held on Tuesday, August 23,2005, which Minutes were formally approved and adopted by the City Commission on September 6, 2005. Acting City Clerk NOTE TO READER: If the I\.1inutes you have received are not completed as mdicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 3 August 23, 2005 ~ WHEREAS, the Delray Beach Barracudas Swim Team participated in the South Florida Recreational Summer Swim League; and WHEREAS, Coaches Abby Murrell, Daryl Jones, and Aquatics Operations Supervisor David Woodard conducted a year round swim team training program throughout 2005 with over 30 children participating this summer from Delray Beach, Boca Raton, Boynton Beach, and other outlying areas of the City; and WHEREAS, nine teams and over 600 swimmers competed in the Championship Meet held July 22-24,2005 in Coral Gables, Florida; and WHEREAS, the Delray Beach Barracudas Swim Team placed fourth overall in the Championship Meet; and WHEREAS, the involvement and achievements of the Delray Beach Barracudas Swim Team in the South Florida Recreational Swim League have generated much civic and community pride for their representation of the City of Delray Beach and we would like to congratulate them on a job well done at the South Florida Recreation Swim League Championship on their 4th place overall finish; and WHEREAS, 6 year old Manuela Sekzar was the overall team leader in points with six 1st place finishes; and WHEREAS, Taylor Allen, Leandra Banks, Catalina Sekzer, Denise Olsak, and Ashley Gholston competed in the girls 200 yard freestyle relay taking 2nd place overall in the small team division; and For Superior Achievement: Ashley Gholston Kiera Lowery Kyrsten Lowery Angelique Negron Charles Price Julie RussO-Kaczor Macarena Ray Andrew Bowdrey Nicholas Basset Torrey McCann Alexus Christie Jasmine Andrews Daphnee Blanc Xiena Bolden Keona Colebrook Josh Deveaux Jasmine East Vanessa Ulcena NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of City Commission, do hereby recognize and commend THE DELRA Y BEACH BARRACUDAS on their team effort, hard work, and outstanding representation of the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of September, 2005. JEFF PERLMAN MAYOR lPA Date: Au~. 24. 2005 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: _Consent Agenda LRegular Agenda _Workshop Agenda _Special Agenda When: September 6, 2005 Description of Agenda Item (who, what, where, how much): Request Commission approval of, and Mayor's signature on, a proclamation honoring the Delray Beach Barracudas Swim Team's performance at the championship meet held July 22 - 24,. 2005 in Coral Gables, Florida. Department Head U ~ Signature: City Attorney Revie ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~ I No Initials: ZJ?0 / Hold Until: Agenda Coordinator Review: Received: . . Proclamation Whereas, Delray Beach Barracudas Swim Team participated in the South Florida Recreational Summer Swim League and Coaches Abby Murrell, Daryl Jones and Aquatics Operations Supervisor David Woodard conducted a year round swim team training program throughout 2005 with over 30 children participating this summer from Delray Beach, Boca Raton, Boynton Beach, and other outlying areas ofthe City; and Whereas, Delray Barracudas placed fourth overall of the nine teams participating with over 600 swimmers competing in the championship meet held in Coral Gables, Florida, July 22 -24, 2005; and Whereas, the involvement and achievements of the Delray Beach Barracudas Swim Team in the South Florida Recreational Swim League have generated much civic and community pride for their representation of the City of Delray Beach and we want to offer them congratulations on a job well done at the South Florida Recreation Swim League Championship on their 4th place overall finish; and Whereas, 6 year old Manuela Sekzar was the overall team leader in points with 6 first place finishes; and Whereas, Taylor Allen, Leandra Banks, Catalina Sekzer, Denise Olsak and Asley Gholston competed in the girls 200 yard freestyle relay taking 2nd place overall in the small team division; and For Superior Achievement: Ashley Gholston Kiera Lowery Kyrsten Lowery Angelique Negron Charles Price Julie Russo-Kaczor Macarena Ray Andrew Bowdrey Nicholas Basset Torrey McCann Alexus Christie Jasmine Andrews Daphnee Blanc Xiena Bolden Keona Colebrook Josh Deveaux Jasmine East Vanessa Ukena NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of City Commission, do hereby recognize and commend the Delray Beach Barracudas on their team effort and hard work. In witness whereof, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of September, 2005. MAYOR Jeff Perlman ~ WHEREAS, on July 24, 2005, at approximately 3:40 a.m., Oelray Beach Pohce Department personnel were ruspatched to an emergency sItuatiOn on 1-95 in response to a phone call that a driver and passenger had been shot; and WHEREAS, upon arrival at the scene by Pohce Department personnel Oetective Robert Stevens and Sergeant Thomas Tusttn, it was determined that the driver of the vehicle had d1ed from gunshot wounds and the passenger had been shot in both feet; and WHEREAS, a white Infinity had been stolen at gunpoint m West Boca Just prior to the shooting; and WHEREAS, with the aSSIstance of the commuruty in West Pahn Beach, persons were identified who had been occupying the caIJacked Infinity; and WHEREAS, the investigative team was now jomed by Detective Gene Sapino, and by following leads on street names provided, it was determmed the detecttves located one subject locally and found the other two in a Georgia Ja1l; and WHEREAS, upon numerous trips back and forth to Georgia, all of the facts were collected by the investigatIve team, and the suspect was found m WIchita, Kansas; and WHEREAS, with cooperation with county and Federal AgenCIes, the investigative team flew to Wichita, Kansas took the suspect mto custody, took his statement of adrruSSlon to the homicide; and WHEREAS, this homicide would not have been solved if It were not for the superior investtgative skills of this team; and NOW, THEREFORE, I, Jeff Perlman, Mayor of the City of Oelray Beach, Florida, on behalf of the CIty Comnussion, do hereby commend and recognize DETECTIVE ROBERT STEVENS SERGEANT THOMAS TUSTIN and DETECTIVE GENE SAPINO for their dedication, working long rughts, and their extended time out of state. It is With great pride this team should receive the highest praIse and gratItude of the community they serve in thelf \villingness to respond so completely when called. Their actions exemphfy that wluch IS highest and best in the human spirit. IN WITNESS WHEROF, I have hereunto set my hand and caused the OffiCIal Seal of the City of Oelray Beach, Florida, to be affixed this 6th day of September, 2005. JEFF PERLMAN MAYOR 19~ - ----- -- -~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tlJ'0l SUBJECT: AGENDA ITEM # ~f\ - REGULAR MEETING OF SEPTEMBER 6.2005 CONFIRMATION /RESCISSION IEMERGENCY RESOLUTION DATE: SEPTEMBER 2, 2005 This is before the Commission to approve the confirmation of Emergency Resolution A pursuant to Chapter 95 of the City Code of Ordinances as a result of Hurricane Katrina and approve the rescission of Emergency Resolution A. Recommend approval of the confirmation of Emergency Resolution A and the rescission of the Emergency Resolution A. S:\Clty Clerk\agenda memos\CM Emergency Resolutions 090605 RESOLUTION NO. A - HURRICANE KATRINA 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. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by City Manager, David Harden on August .Q.Q.., 2005 due to Hurricane Katrina; and WHEREAS, citizens must be moved from harm's way; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the activation of plans for evacuation during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on August <015 ,2005 is hereby confirmed. Section 2. Hurricane Katrina seriously affects and threatens the lives and property of residents of the City of Delray Beach and requires the evacuation of citizens from the following area(s): Barrier Island and [est ur F~u~IQI Hiyh'vvay and effective \~Qt) p'~b thed5~ay of August, 2005. (if applicable) Section 3. Such evacuation shall remain in effect until competent authority declares the state of emergency terminated, or otherwise revised or rescinded. Section 4. This resolution shall take effect at the date and time specified in Section 2. CONFIRMED, APPROVED AND RATIFIED on this the _ day of August, 2005. MAYOR ATTEST: ~y Clerk ~--r:fJ~ ~PS'j, ~ /~I vD ~).{ "- , David Harden, City Manager DatelTime RESCISSION OF RESOLUTION NO. A - HURRICANE KA TRINA 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. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by City Manager, David Harden on August~, 2005 due to Hurricane Katrina; and WHEREAS, citizens must be moved from harm's way; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the activation of plans for evacuation during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency was proclaimed on August ~ ,2005. Section 2. Hurricane Katrina seriously affected and threatened the lives and property of residents of the City of Delray Beach and required the evacuation of citizens from the following area(s): Barrier Island aRe East of F9deral Highway, and , effective \ d-OC> p.~w'~, the @5~ay of August, 2005. (if applicable) Section 3. Such evacuation is terminated. CONFIRMED, APPROVED AND RATIFIED on this the _ day of , 2005. MAYOR ATTEST: City Clerk It~~/~~ SJ~bbs- 8 ;30 A.Jf, David Harden, City Manager Date Ime 01< t'I1 . [IT' DF DELRAY IEA[H CITY ATTORNEY'S OFFICE 2()() '\W 1'1 -'\VE"ll'E' DfLRAY BE,\CH. FLORIDA 33444 I LLEPHO'\E .'i('! /24.,-:()<)(l . rcACSI\IIU: 561 i27:-\-47.'i.'i DELRAY BEACH Writer's Direct Line: 561/243-7091 F lOR I D ^ lI8d All-America City , III I! DATE: MEMORANDUM August 25, 2005 1993 TO: City Commission 2001 David Harden, City Manager ""' ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deed The attached Easement Deed grants to the City a 5' sidewalk easement along S.W. 5th Avenue just south of Atlantic Avenue in order to allow the City to install a sidewalk in this area. Our office requests that this item be placed on the September 6, 2005 City Commission agenda for acceptance. Please call if you have any questions. Attachment cc: Janet Whipple, Acting City Clerk Randal Krejcarek, City Engineer 'D& . / Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Dekay Beach, Florida 33444 EASEMENT DEED - THIS INDENTURE, made this ~~"" day of ~ \~ ' 200~ by and between VINCENT VASQUEZ, with a mailing address of 241 S.W. 5th Avenue, Delray Beach, FL 33444-2715 party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a public sidewalk with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such sidewalk across, through and upon or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION West 5' of Lots 28 & 29, Block 29 Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, conditions and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above-described property, other than the aforementioned sidewalk. It is understood that upon completion of sidewalk construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner and that once the sidewalk has been constructed - -- --- -- . to the required standards the party of the second part shall repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: ~D ./'N.t.Ah By: fi\.o..Y' J 0 f{\ uA' pL\ 1- (name printe or typed) 7[~~eZ/~ (name printed or typed) ~~~~>fL~ ~ The foregoing instrument was acknowledged before me this c:?9 day of ,20O:fby (fdC~1 t/~ue,.;z.-- (name of officer or agent), of W; (name of co oration), a /'2dbd 4 (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced &--L r (type of identification) as identification and did/did not take an oath. ~1Z~TY -' Signature otary Pub - ' Stateof V~ (SEAL) t-:.,. If" - .> - - - ~ , ~ , 1o'ltloA .-.. .-. fa PL.AIA ,,,...fp3"'" <' .. - NcIIluw Pu_ . __ FIclrlda 9,~ "".ir~__rypv..UI'3 -; , .t$;.. CQ/llllllJllll1l9R . Qb -, '!:: 1 . . '.~r...~ ~. l:'"r.~.jl'I ay .~~:k"1'1 ! ;'. ~_ " .1 -~~'"'--.;> 2 . j r I 1 STORY BUILDING ~ (CHURCH) I co *' SCALE: 1. - 20. I I . 12" ...~J' I 25' 25' I 18" ...~6' L'O"CD CONC. el" ...> DRIVE ~ ...> . - - 0 I - - - - - IV q 21 +00 - - I - 1- SW 5th AVE UE IV R/W PER PLAT .. q ll) I l- I I ,W I r'l I~ . . }> 0 (J) r '"tI : ~ :r: BLOC 29 }> r RE UBDIVISION OF LOCKS 29 & 3 -i I lJ (P.B. 9, PG. 6, P.B.C.R.) }> ~ I-f-I I s::: /'T1 (f) Z -i ~ I~ LOT 28 LOT 29 LOT 30 LOT 31 I (f) I ..... C) ..... + 01 . 25' g 25' I I I Q V//~ I I . . " CITY of DELRA Y BEACH PROPOSED SIDEWALK EASEMENT 11/19/04 ENVIRONMENTAL SERVICES DEPARllAENT 95 SW 5TH AVE 03-037 434 80IITH SWNraI1 AVENE. DELRAY BEAQf, R..CN)A 33444 Project # 2003-037 1 of 1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 07'1 SUBJECT: AGENDA ITEM # ~ REGULAR MEETING OF SEPTEMBER 6, 2005 REOUEST FOR SIDEWALKDEFERRAL/750 S.W.17TH AVENUE DATE: SEPTEMBER 2, 2005 This is before Commission to approve a request to defer the installation of a sidewalk in front of 750 S.W. 17th Avenue (Casale Marble Imports, Inc.). The attached agreement between the City and Robert Case allows the waiver of the requirement to construct a sidewalk pursuant to Land Development Regulations Section 6.1.3 (D)(1)(b), "Relief from Sidewalk Installation; Walver", for Casale Marble Imports, Inc., located on the west side of S.W. 17th Avenue just south of S.W. 7th Street. Currendy, there are no sidewalks on this section of S.W. 17th Avenue and although a sidewalk may be installed at some point in the future, there are no plans to install a sidewalk at this time. Sidewalk deferrals, approved by Commission, in this area include Stone Station (S.W. 14th Avenue) and Storage America (S.W. 14th Avenue). Therefore, staff is 1fi support of the request to have the sidewalk in front of 750 S.W. 17th Avenue deferred. Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk improvements for 750 S.W. 17'h Avenue until such time as the City requests the sidewalk to be constructed. S'\Clty Clerk\agcnda memos\SldewalkDeferralRequest 750 SW 17 Ave 090605 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden Uf Randal L. Krejcarek, P.E. ;2. FROM: DATE: 1-Sep-05 SUBJECT: City Commission Agenda Item Sidewalk Deferral Request 750 SW 17th Avenue The attached agenda item is a request for a deferral of sidewalk installation in front of 750 SW 1 ih Avenue. This is in front of Casale Marble Imports, which is on the west side of SW 1 ih Avenue just south of SW ih Street. There currently are no sidewalks on this section of SW 1 ih Avenue. Although a sidewalk may be installed at some point in the future, there are no current plans to install a sidewalk on this street. Previous sidewalk deferrals approved by City Commission in this area include: Stone Station (SW 14th Avenue) and Storage America (SW 14th Ave) Therefore, I am supporting the request to have the sidewalk in front of 750 SW 1 ih Avenue deferred. The attached map indicates the location of this sidewalk deferral. Please place this item on the 06 Sep 2005 Commission Agenda. Thanks. enc cc Richard Hasko, P.E. file S:\EngAdmin\sidewalk deferrals\750 sw 17th av agenda memo 2005-09-06.doc ~II~ ~LJJt:JGC::1UULJDUc: ~ ATLANTiC AVENUE A-c=] l~r ir I '--'il I' J I n' 'n' "nL--Jn 01 nl u' Ii L-J UI I )\ I " ~ Il~ 1 ~ i I~ ni ~n, - " I \ ' I, I' i I I <I II i ~ ~ I \ /~IUI" i, '.' UI I", I I "I i U: i.,' 'n! i \ ! ! I 'L i, Ii I IU u! IU' I, I ,\\ LJ ' ! --,U LJ il ,', I ' I ~ , : '\ !,---, ----;~ nS~ nn Iln n 1ST '--'j'l! nn r- I ; 1,1 ! !' l " , ,I Ii!: 1 II i '! I i \ / ! I~i Ii !~: " I~ : I'~: I' ,"I ~ I", I,' II I / I' i-I "'-I 1-' - 01 I I : ~ , I IJU UU UJ uU uUu ,:: ! l~JLL L II' /., I" "., II 1;1 D I I'~ ~ II / - I I: I ,I I I ~,~ Sw 2ND U' ''''U '" I U ,I i i! DRR I I /' ~ i ' [,' I, I I L ' ' I LJ" I' " I ~ ,,! LJ I / ~ sW I' n' l',3RD I!n'r n / [ I r 1~ I ',,' ',' r DD~i I if I ,'!i ,,' I I I', j / i ~D CTJ I j",U, I, I" "., d J, nil ~ II I 'I' I '[ '" /' / r i I I" 1 SW JRD CT ,I LJ~ I , 'I r ' ii, , I " I " I ' V / io,w'''iST I~! U! II'LJ' r 1 IU I' iU'1 I I I~I I'~ , ! .. I 'U',! i UI , (, l 1 I ~ , LJr, ) , I L-J ' =---==1 ~ I I S W ! 4T~ 1 I I I", i I '5: ' , I ' I ! I ! 1!5 ,5' 81 Ii Ii I I Il~i! Ul I-I 1:1 I'~ , I 0 ~ I :,I~I ~I ! I " en I' ~ r I' ,I I I liil ! I I'" I , ii, i , ' ' W" I' ,I , '5 '~ .-:.. j ". I II I 11]:::> j i I I .: I ~. i ~ j ~, I I b ,.- <I,,' < ',',I iEi I tiEl liE I 1 " <( ! lJ ~I I r !~i I !-- SW 7TH S1 " 1 LJ,I I U (J) s. 'ms W nr nn7TH , ,- .. ' , I I I I II ,. CL II !, i i 1 ! I I' i I ii, 1 I 5 ';! II I' I' , I ~ W <I < I 1 I~: 1 H I,~I i\ i! 1/)1 IVlj : I !,II'\ \- .,', 'II I~l sw eTJ WI) l 1\ Z iE ;00 iE r 11 u 1\ _ :0 1~1 ~ I II ! \ : ! s.w ' 9TH ! : ! \ 'i I II I i i \ ~ ~j i 3= ! I , : \'r-H" ~I" I "" ! I ~~. i T! l r S Vi I' 10TH !~n~n! ni~1 II \ '!il 1_ I rn G CITY of DELRAY BEACH LOCATION MAP DATE: 9/1/05 I ENVIRONMENTAL SERVICES DEPARTMENT 750 S.W. 17th Ave. Sidewalk Maps \l1 434 90UlH 8WNTON AveIUE, DELRAY BEACH. R.OFlIDA 33444 Sidewalk Deferral 1 of 1 50 Prepared By: RETIJRN TO: R Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue o~Jt..~ Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS TInS AGREEMENT entered into this day of , 200-, between the City of Delray Beach (hereinafter the City) and Robert Case (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along S.W. 17th Avenue until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the S.W. 17th Avenue right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation ofa sidewalk pursuant to Land Development Regulation Section 6. 1.3 (D)(l)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. .. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 750 S.W. 17th Avenue 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the S.W. 17th Avenue right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Del ray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this _ day of , 200_. A: ~\ ATTEST: CITY OF D~, CH, FLORIDA City Clerk BY:~' - Approved as to form and sufficiency: City Attorney WITNESSES: '~~ By: D. ter Casale Authorized Agent 2 .... Roy M. Simon ~print name) ~ . ;:/~~ Armando A. Oehesa (please type or print name) STATE OF Flori da COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 16th day of Auqust , 200~by O. Walter Casale (name of officer or agent), of Casale Marble Imports, Inc. (name of corporation), a Florida (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced persona 11 y known (type of identification) as identification and did/did not take an oath. .~~ f0w'l!2;:W Signature of tary PublIc - State of FI Of"id6 '<...~ BONNIE LEE PERMENTER (S _' ~~ MYCOMMISSION'DD449480 :. ~ . : i EXPIRES: August 12, 2009 '~~P.f.~' IlondedThru NoIary NlIIc UndIrwrII8rs agt/ sidewalk deferral agreement 3 .. OWNER'S CONSENT AND QESIGNATION OF AGENCY (This form must be completed by ALL property owners) I /?, L p ,-r CAre , the fee simple owner of the following , (Owner's Name) described property (oive leoal descriotion)" THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER LYING EAST OF THE RIGHT-OF-WAY OF STATE ROAD 9 (PROPOSED) IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS THE SOUTH 790 FEET AND LESS THE EAST 25 FEET THEREOF; ALSO LESS THAT PORTION THEREOF CONDEMNED BY THE DIVISION OF ADMINISTRATION, STATE OF FLORIDA, DEP~RTMENT OF TRANSPORTATION, FOR THE RIGHT- OF WAY OF 1-95 AND DESCRIBED IN PARCEL #420 IN THAT CERTAIN FINAL JUDGEMENT HERETOFORE ENTERED IN CIVIL ACTION 70-3820, LATELY PENDING IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. hereby petition the City of Delray Beach for conditional use approval/modification for -- (Project Name) . ~t - 2/Jt - C . and affirm that is hereby designated (Applicants/Agent's Name) to act as agent on my behalf to accomplish the above. I certify that I have examined the application and that all statements and diagrams submitted are true and accurate to the best of my knowledge. Further, I understand that this application, attachments and fees become part of the Official Records of the City of Delray Beach, Florida, ~nd are not returnable. d/~~ (Owrler's Signature) The fO?Oing instrument was acknOWled;;,g~re me !);lis ./ j1 $ ,day I~f '- /V'L I 19 :17 by 21. teL C,A..=::.c . who !s pe!"sona..y know!"; to me or has produced ~~~~A R//,,'a'.. ~.J a (type of identification) as identification and who did take an oath. 7;t=cc::t007 i/~/~/~ 0 h:4d/r'~?/ ~~~ (Printed Name of Notary Public) -"(Signature of Notary Public) FRANK ROSSI Notary Pt.t1ic. Slate of New 'lbrtr ~ 484'3204 ... QualIfied In SJlca.. Cexmty COmmiSSIOn # I My CommIssIon Expires CoomsSlOn Emlfes Jar. 77 1998r (NOTARY'S SEAL) , -6- Date: 01 Sep 2005 AGENDA ITEM NUMBER: 8 C G i~-_,_ u' ." - "__,,n,u_ -, -'...- . . AGENDA REQUEST Request to be placed on: --LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 06 Sep 2005 Description of Agenda Item (who, what, where, how much): Approval/authorization for Mavor to sian sidewalk deferral aareement for 750 SW 1 ih Avenue Recommendation Staff recom Department Head Signature: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: NA Account Number NA Description NA Account Balance: NA Funding Alternatives: NA (if applicable) City Manager Review: Approved for Agenda: e / No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\sldewalk deferrals\750 sw 17th av agenda 200S-09-06.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER(flN SUBJECT: AGENDA ITEM # <(;D - REGULAR MEETING OF SEPTEMBER 6,2005 RESOLUTION NO. 62- 05 DAlE: September 2, 2005 This is a resolution assessing costs for abatement action required to remove nuisances on nine (9) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 62-05. Department on Carobne S/uty Clerk/Len Process/ Agmemos/t^wn<moCE..doc - ; RESOLUTION NO.62-0S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORlDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETIING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS I the City Manager or his designated representative hasl pursuant to Chapter 100 of the Code of Ordinances I declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof I for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.201 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and I did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42 ) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said noticel failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; andl WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner (s) did request and receive a hearing I said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS I the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; andl WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the I City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance (s) against said property owner(s) , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the Ci ty Manager of the Ci ty of Delray Beach, involving the City 's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated i thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after I I mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of De I ray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30 ) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the coats of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 62-05 <, of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of , 2005. MAYOR ATTEST: Acting City Clerk 3 Res. No. 62-05 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION , OWNER ASSESSMENT , , I , 302 NE 7TH AVENUE , , I I i HIGHLAND PARK DELRAY LTS 13 & 14 BLK 113 PB2 ~ PETER CANELO & i PG 79 OF PALM BEACH COUNTY PUBLIC RECORDS ,I PETER RISOLO PCN 12434616051130130 '302 NE 7TH AVE CUST. NO. 11593 DELRA Y BEACH, FL. 33483 $ 68.00 $ 55.00 ADM FEE 133 NE 7TH AVENUE S 66 FT OF N 186.51 FT OF W 135 FT OF BLK 123 PB1 PG3 OF PALM BEACH COUNTY PUBLIC RECORD BARBARA DOOLEY PCN 1243461601 123010 133 NE 7TH AVE CUST NO. 10019 DELRA Y BEACH, FL 33484 $ 57.00 $ 55.00 ADM FEE FLORIDA BLVD V/L N 2955 L TS 411 & 412 PB 1 PG 3 OF PALM BEACH COUNTY PUBLIC RECORDS KATHARINE D MARTENS PCN 12434628030004110 589 DEERFIELD DR CUST NO. 8844 MELBOURNE, FL 32940 i $ 81.00 I $ 55.00 ADM FEE 101 NW 18TH AVENUE 18-46-43, SLY 164 FT OF EL Y 275 FT OF N 1/2 OF SE l 1/4 NEURO MEDICAL i OF NE 1/4 L YG W OF & ADJ TO SAL RY R/W /LESS S CONSULTANTS, INC. 15 FT OF W 175 FT RD R/W/ PB 1 PG 3 'TRI-COUNTY AUTO SALVAGE PCN 12434618000001120 4956 LECHALET BLVD #15 CUST NO. 11598 BOYNTON BEACH, FL 33436 $ 114.00 $ 55.00 ADM FEE NW 18TH AVENUE 18-46-43, EL Y 275 FT OF N 156 FT OF S 320 FT OF N 1/2 I OF SE 1/4 OF NE 1/4 LYG W OF & PARA TO SAL RY NEURO MEDICAL I R/W PB 1 PG3 OF PALM BEACH COUNTY PUBLIC CONSULTANTS, INC. I RECORDS TRI-COUNTY AUTO SALVAGE PCN 12434618000001130 ~4956 LECHALET BLVD #15 CUST NO. 11598 BOYNTON BEACH, FL 33436 $ 114.00 $ 55.00 ADM FEE ! Page 1 RES. NO. 62-05.xls ----- ---- --- COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE NW 18TH AVENUE 18-46-43. EL Y 275 FT OF N 100 FT OF S 420 FT OF N 112 OF SE 1/4 OF NE 1/4 L YG W OF & PARA TO SAL RY ;NEURO MEDICAL IN CONSULTANTS, INC. OR 87 P 89 PB 1 PG 3 TRI-COUNTY AUTO SALVAGE PCN 12434618000001141 4956 LECHALET BLVD #15 CUST NO. 11598 BOYNTON BEACH, FL 33436 $ 114.00 $ 55.00 ADM FEE 900 HYACINTH DRIVE TROPIC ISLE 3RD SECTION LT 365 PB 25 PB 36 EDWARD & BARBARA TALLEY PCN 12 43 46 28 03 000 3650 900 HYACINTH DR. CUST NO. 6901 DELRAY BEACH, FL 33483 $ 65.00 55.00 ADM FEE 2147 SW 36TH TERR FAlRCREST HEIGHTS AMND PLAT LOT 53 PB 42 PG 68 YOLL Y P VERZOSA PCN 12 42 46 25 09 000 0530 1090 AMSTERDAM AVE # 7 K CUST NO. 525 NEW YORK, NY 10025-1737 $ 42.00 55.00 ADM FEE 602 & 604 SE 4TH STREET OSCEOLA PARK ZEAL BUILDING GROUP, LLC W 87.6 FT OF S 54.45 FT OF N 79.45 FT OF ' % FILINGS INC. REG AGT L T 9 BLK 1 PB 3 PG 2 OF PALM BEACH COUNTY 3732 NW 16TH STREET PUBLIC RECORDS FT. LAUDERDALE. FL 33311 $ 84.00 55.00 ADM FEE - VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE - OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DEClARED - NUISANCE Page 2 RES. NO. 62-D5.xJs MEMORANDUM To: City Commission From: David T. Harden, City Manager.fJ0 Subject: Resolution No. 63-05 Date: August 19, 2005 We have attached Resolution #63-05 for Commission approval. Resolution# 63-05 declares an allocation of estimated private payments that will be made by purchasers of retail space in the Old School Square Parking Project. The resolution allows amendments to be made to reflect revised estimates. Tax law requires that a declaration of the extent of private activity be made within 60 days of the first expense relative to a project. The Finance Department recommends approval of this resolution. I concur with their recommendation. c: R.S. O'Connor, Treasurer File: resolution priv rec to commiss.doc )5E MEMORANDUM To: David T. Harden, City Manager From: ~ Rebecca S. O'Connor, Treasurer Joseph M. saffo~rector of Finance Thru: Subject: Resolution No. 63-05 Date: August 19,2005 Steve Sanford, the City's bond counsel, has provided the attached Resolution# 63-05 with respect to the Old School Square Parking Project. Resolution # 63-05 declares an allocation of estimated private payments that will be made by purchasers of retail space in the Project to either equity or to the repayment of a taxable line of credit. The resolution allows amendments to be made to reflect revised estimates. Tax law requires that a declaration of the extent of private activity be made within 60 days of the first expense relative to a project. The Finance Department recommends approval of this resolution. c: R.S. O'Connor, Treasurer File: resolution priv rec to commiss.doc RESOLUTION NO.63-05 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA ALLOCATING PAYMENTS BY PURCHASERS OF RETAIL SPACE IN THE OLD SCHOOL SQUARE PARKING PROJECT TO EQUITY OR THE REPAYMENT OF A TAXABLE BANK LINE OF CREDIT WHEREAS, the City Commission of the City of Delray Beach, Florida (the "City Commission"), has authorized the acquisition and construction of the Old School Square Parking ?roject (the "Project"); and WHEREAS, certain retail space within the Project will be financed with a taxable line of credit, grants and City revenues; and WHEREAS, the City intends to sell the retail space to private parties upon the completion ofthe Project. NOW, THEREFORE, be it resolved by the City Commission as follows: SECTION 1. Proceeds of the sale ofthe Project retail space are currently expected to be approximately between $3,160,000 and $6,760,000. The City Commission hereby expresses its intent that such sale proceeds and any other payment or receipt of property treated as private payments with respect to the Project for purposes of the private security or payment test of section 141 (b )(2) of the Internal Revenue Code of 1986, as amended, are to be allocated to the repayment of the taxable line of credit pursuant to Treasury Regulation section 1.141-4( c )(3)(iv) and to the reimbursement of the City's equity pursuant to Treasury Regulation section 1.141- 4(c)(3)(v). The City Commission may amend this Resolution to reflect revised estimates of costs and sale proceeds. SECTION 2. This Resolution shall take effect upon the passage in the manner provided by law. PASSED AND ADOPTED in regular session this day of ,2005. CITY OF DELRAY BEACH, FLORIDA (SEAL) By: ATTEST: City Clerk The foregoing Resolution is hereby approved by me as to form, language and execution, this _day of , 2005. By: City Attorney AGENDA ITEM NUMBER: 't;t AGENDA REQUEST Date: 7/27/05 Request to be placed on: ~ Consent Agenda Special Agenda Workshop Agenda When: 8/23/05 Description of agenda item: Approve Resolution# 63-05 making a declaration of an estimated extent of private activity relative to the Old School Square Parking Garage Project. ORDINANCE/RESOLUTION REQUIRED: X YES NO Draft of Resolution Attached: X YES NO Recommendation: Recommend the approval of Resolution# 63-05. 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: n/a Yes ~ ~ G-S No Funding alternatives (if applicable): Account Number: n/a Account Description: Account Balance: City Manager Review: Approved for Agenda: 8 [1/1 No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # - -------- - oK ~ [ITY DF DELRAY IEA[H CITY ATTORNEY'S OFFICE 200,\\ hi AVEt\TE' DELRAY BE-'\CH. FLORIDA 33--1---1---1- I fLEPIlO,E ~hl/2--1-,-7()<)(). ~\C<;I\IILE :"1'>1/278---1-755 DELRAY BEACH Writer's Direct Line. 561/243-7091 F lOR I D ... D.eatI All-America City , 1111: DATE: MEMORANDUM August 23, 2005 1993 TO: City Commission 2001 David Harden, City Manager lh.. --..........::r FROM: Brian Shutt, Assistant City Attorney SUBJECT: Resolution 64-05 The attached resolution expresses the City's opposition to U.S. Senate bill 1504 "Broadband Investment and Consumer Choice Act", that, if passed, would preempt the City's authority over cable and video services, abrogate the franchise agreement with Adelphia, lower the City's revenue for cable services, and reduce the City's PEG capacity. The resolution, if passed, will be forwarded to Florida's Congressional delegation. Our office requests that this item be placed on the September 6, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Janet Whipple, Acting City Clerk g~ ------- -- - RESOLUTION NO. 64-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, EXPRESSING OPPOSITION TO SENATE BILL 1504 KNOWN AS THE "BROADBAND INVESTMENT AND CONSUMER CHOICE ACT" (S. 1504), URGING CONGRESSIONAL REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-SPONSORSHIP OF S. 1504 AND TO VOTE IN OPPOSITION TO S. 1504, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE FLORIDA CONGRESSIONAL DELEGATION, OTHER MEMBERS OF CONGRESS AS DEEMED APPROPRIATE, AND THE PRESIDENT OF THE UNITED STATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 2, 2005, Senators John Ensign and John McCain introduced the Broadband Investment and Consumer Choice Act of 2005 (S. 1504); and WHEREAS, the City Commission of the City of Delray Beach, Florida, opposes the passage of S. 1504 because: . The bill would preempt all local authority over the provision of cable and video services within the community, including the ability of the local government to provide appropriate oversight to entities conducting business within their jurisdiction and in the local public rights-of-way; . The City's negotiated contract with its cable operator would be abrogated under the terms of the bill; . The bill would substitute a new compensation methodology lowering the cable component of the Communications Services Tax, which must be justified as being "reasonable" in the eyes of the user, limited to management costs (which denies the rights of the property owner to obtain fair and reasonable compensation for the use of public property for private gain), and not in excess of 5%; . These requirements and restrictions would result in the creation of a subsidy to the cable and telecommunications industries; at the expense of the City's taxpayers; . The bill would substantially reduce the amount of capacity which may be required by local governments to meet their public, educational and government ("PEG") access needs, while stripping the City of the ability to obtain capital support for the use of PEG capacity - part of the bargain contained within the City's negotiated franchise agreement - with the result that the community's cable-related needs and interests would not be met; - . The bill would deprive local citizens of the ability to address local issues locally, by removing to the state all customer service issues, and further by denying consumers any form of recourse for any actions of a communications provider; . The bill would eliminate any build-out requirements for any video service provider, thereby allowing providers to discriminate based on the wealth of the local neighborhoods they choose to serve; . The bill would preempt any state or local law that is not generally applicable to all businesses, thereby potentially preempting any law applicable to only certain classes of businesses, such as utilities and rights-of-way users (such as requiring undergrounding of facilities and ensuring electric code compliance); . The bill would prohibit the City from imposing any fee for issuance of rights-of-way construction permits yet would require the City to act on requests for permits in a timely manner as determined by the FCC, thereby insinuating inappropriate federal government involvement in the basic day-to-day management of local rights-of-way; . The bill would prohibit municipalities and their utilities from providing communications services without giving a right of first refusal to private industry, and would then grant industry unfettered access to all municipal facilities and financing in the event private industry chooses to provide services; . The bill would deprive the City of the authority to establish and maintain government owned and operated networks, known as institutional networks, that may be utilized by first responders and other government officials in the day-to-day management of the City's business; . The bill would permit broadened preemption of local zoning decisions relating to the placement of cell towers, depriving the City of the authority to ensure that such towers are safely and appropriately located in areas to provide the greatest degree of services without unnecessarily posing a hazard to the public health, safety and welfare; and . The bill would eliminate the protection the City currently has against liability for damages and attorneys fees in lawsuits brought by communication service providers against local governments, a type of litigation that the bill would seem to invite service providers to bring. WHEREAS, for these reasons, the City Commission finds that it should oppose S. 1504 and urges the Florida Congressional Delegation and other members of Congress to oppose S. 1504; and WHEREAS, the City Commission finds that this Resolution should be forwarded to the Florida Congressional Delegation, other members of Congress as deemed appropriate, and to the President of the United States. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, THAT: Section I. For the reasons stated above, the City Commission of the City of Delray Beach, Florida, declares its opposition to S. 1504 and urges the Florida Congressional Delegation and all other members of Congress to oppose S. 1504. Section II. The City Commission hereby directs that this Resolution be forwarded immediately to the Florida Congressional Delegation, other members of Congress as deemed appropriate, and to the President of the United States. Section III. This Resolution shall become effective immediately upon its passage. SIGNED this the _ day of ,2005. Jeff Perlman, Mayor ATTEST: City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER m SUBJECT: AGENDA ITEM # <3G - REGULAR MEETING OF SEPTEMBER 6,2005 PURCHASE ORDER INCREASE/OTTO WASTE SYSTEMS DATE: SEPTEMBER 2, 2005 This is before the Commission to approve an increase of $21,350.00 to blanket purchase order #624061, Otto Waste Systems, for the purchase of 500 garbage carts with lids and wheels. The carts are shipped in full truckloads for cost savings of freight. Otto Waste Systems is the original vendor for the purchase of these carts and has supplied them to the city since 1996. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). Recommend approval of an increase of $21,350.00 to blanket purchase order #624061 for the purchase of 500 garbage carts. S.\Clty C1erk\agenda memos\PO Increase Otto Waste 090605 MEMORANDUM TO: David Harden, City Manager FROM: Patsy Nadal, Buyer THROUGH: Joseph Safford,.ce Director DATE: 8/24/2005 SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING SEPTEMBER 06, 2005 - BLANKET PURCHASE ORDER INCREASE FOR GARBAGE CARTS FROM OITO WASTE SYSTEMS Item Before Commission: The City Commission is requested to approve an increase of $21,350.00 for blanket purchase order number 62406lfor the purchase of 500 hot stamped garbage carts, lids and wheels from Otto Waste Systems as a sole source provider. The purchase order total will be $78,200.00 after this increase. Back2round: Purchase order number 624061 was approved by the City Commission on November 16,2004 as a blanket for a total of $35,000.00 with an increase approved by City Commission of $21,250.00 on June 06,2005. Due to the cost of resin, a product used in production by Otto Environmental System, there has been a slight cost increase for the garage carts. The sizes of garbage carts required by the City of Delray Beach are 68 and 95 and 32 gallon carts with lids and wheels. These carts will have a forest green body, black lid, rubber tires and hot stamped with City Logo seal and serial numbers. The carts are shipped in full truckloads for cost savings of freight. Otto Industries, Inc. is the original vendor for the purchase of these carts since their initial "roll-out" in 1996. Recommendation: Staff recommends an increase of $21,350.00 for the purchase of the 500 garbage carts with lids via blanket purchase order number 624061 from Otto Waste Systems as a sole source purchase. Funding from account code: #433-3711-534-49.35. Attachments: Budget Transfer Purchase Order #624061 Quote 08/23/2005 Price Increase Notifications Depamnent Memo Ce: Jackie Rooney, Purchasing Manag1'- MEMORANDUM TO: LULA BUTLER, DIRECTOR OF COMMUNITY IMPROVEMENT FROM: RICHARD BAUER, CODE ENFORCEMENT ADMINISTRATOR SUBJECT: GARBAGE & RECYCLING CARTS DATE: JUL Y 20, 2005 I am recommending that we order additional garbage carts as follows: From Otto Cart: 300 95 gallon carts @ $41.33 = $12,399.00 100 68 gallon carts @ $40.13 = $ 4,013.00 100 32 gallon carts @ $38.33 = $ 3, 823.00 From the Solid Waste ~~{f: TOTAL ORDER: $ 20,235.00 In addition we need, 20 95 gallon yellow recycling carts @ $38.00 = $ 760.00 20 95 gallon blue recycling carts @ $38.00 = $ 760.00 TOTAL ORDER: $1,520.00 In total, $21,800.00 will be required to be transferred into the Cart Renewal account. The City Commission will have to approve the cart purchase. {)~ &fJ 1 \ IJl ( os' r ~ Page 1 of2 . Nadal, Patsy From: M.J. Schmidt [mj.schmidt@earthlink.net] Sent: Tuesday, August 23,2005 11 :11 AM To: Nadal, Patsy Subject: Re: Order Using Blanket PO #624061 Patsy, As we discussed last week, the pricing of resin has had 2 increases in the past 60 days. Here is the revised pricing for your carts. Please note that the 35 gallon carts (you used to buy 32 gallon, but we upgraded last December) has not changed since that date. Delray Beach garbage carts. 300 ea 95 gallon carts @ 41.33 = $12,399.00 (Pricing is now $44.00 each, or $13,200) 100 ea 68 gallon carts @40.13 = $4,013.00 (Pricing is now $41.00 each, or $4,100) 100 ea 32 gallon carts @ 38.33 = $3,823.00 (Pricing is still the same as last December @ $28.00 each, or $2,800) Total $20,235.00 (your revised total is $20,100) plus Shipping $1,250.00 for the truckload TOTAL AMOUNT FOR TRUCKLOAD SHOULD BE $21,350 Hope this is helpful to you. Just let me know if you want me to write up the order and get it into production under the existing blanket P.O. Thanks, patsyl M.J. - Original Message - From: Nadal. Patsy To: MJ Schmidt Cc: Nadal. Patsy Sent: Thursday, August 18, 2005 4:34 PM Subject: Order Using Blanket PO #624061 Hello MJ....................... Please include the following items on your production schedule as soon as possible, as always THANK YOU Delray Beach garbage carts. 300 ea 95 gallon carts @41.33= $12,399.00 100 ea 68 gallon carts @40.13 = $4,013.00 100 ea 32 gallon carts@ 38.33 = $3,823.00 8/23/2005 . ' - ":..) p..~; ~/?PfB'1 . OTTO ENVIRONMENTAL SYSTEMS (NC), LLC 12700 General Drive (28273) August 15, 2005 PO Box 410251 Charlotte, NC 28241-0251 Telephone (704) 588-9191 Joseph Safford City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Good Afternoon Joseph: Manufacturers of rollout refuse carts have been faced with particularly significant cost increases over the recent nine months. With the recent price-hike announcements from the industry's resin suppliers, Otto's continuing effort to improve plant efficiency likely will no longer be adequate to offset rising costs, and price adjustments seem unavoidable. While there have certainly been important increases in fuel surcharges and labor costs, by far the most pressing issue is with the cost of the resin used to produce Otto's products. Examination of the accompanying letters from two of Otto's resin suppliers drives home the story. Steadily increasing resin costs over the recent nine months have already had some impact on rollout cart pricing. And the latest indication is that cart-industry resin suppliers anticipate increasing rates by as much as a $.06 per lb. this month (August), to be followed by an additional increase - of a similar amount - the very next month. With more than 35 pounds of resin in each Otto MSD-95C rollout cart, each of the recently announced resin cost increases will require Otto to pass along price adjustments of approximately $2.00 per cart. If we see both of these resin cost increases back-to-back, the price of 95-gallon carts will need to be increased by slightly more than $4.00 per cart. The prices for other molded products will also increase proportionately. The recently announced resin price hikes have not actually gone into effect. Otto's pricing will only change if it becomes necessary, but our purpose in writing is to pass along news of these important developments to assist Otto customers with business planning. Obviously, Otto will continue to work to implement efficiencies to help us control cost increases. Our sales representatives will be in touch continuously to keep everyone abreast of the market. However we want to encourage our customers to anticipate purchase requirements, placing orders as early as possible to avoid getting caught with the full impact of pass-through pricing increases. Sincerely, ~~ Gary Hallen Director of Sales Attachments (2) A Subsidiary of Otto Industries North America, Inc. . -ciiei:.;'n tl!l!!!eS Joseph W. Locke June 30, 2005 Sales Manager Americas Polyethylene John Save go 10001 SlY D'Ill?S C~IV~ Otto Industries Th~ 1A/9i)rii?nd~.;;' ;-733.1 PO Box 410251 P. O. 8m 4910 Charlotte NC 28241 Tne WOQd!i:In1!~,. T\ 77 3t7-<19~O Pl-:oJ1e 8:~2.8:.3-44,=i1 Dear John: Fay. S:~2.813-4.!1C !lickej!~'@;;p:;hefTI :-0'-' Chevron Phillips Chemical Company LP will implement a six- cent ($0.06) per pound polyethylene price increase on VI'1\"\I.-/ cpcnem co"'" August 1st, 2005. This increase is in addition to our previously announced polyethylene price increase effective June 1st, 2005. We appreciate your business and thank you for your continued support of Marlex@, Marflex™, and mPact@ resins. Please contact your Chevron Phillips polyethylene sales representative if you have any questions or need . further information regarding polyethylene market conditions. Sincerely, 1 . -'! j i' I It ..o" .' if} )f . lit - rv-/ur-- l f I I \./1 Joseph W. Locke Sales Manager Americas Polyethylene Chevron Phillips Chemical Company lP .' /' "- . - ~ -~ JLL-04-20l21S 13:55 II'PERIAL OIL 416 968 48S0 P.01/01 EJf{onMobil Chemical 111 Sl Clair Avenue West K.W. Malvem Tel: (4'6) 960.4636 P.O. Box 4029 stn A Marketing, Sales & Products Fax' (416) 968-4650 Toronto ON Technology Manager Caneda MSW 1 K3 July 4, 2005 704-588 -7216 Mr. John Savago O'ITO INDUSTRIES EUROPE BV VRDTHOF 50/51 MAASTRICHT, NllNot assigned 6211 LE Dear Mr. Savago Effective with shipments on or after August 1, 2005. the price of the LOPE, llDPE, lIDPE and Exceed™ polyethylene 'resins that you purchase from ExxonMobil Chemical Canada will increase by $0.06 per pound. This increase is in addition to the previously announced $0.06 per po~d ,price increase that we are implementing on July 1, 2005. ~ . Your sales representative Peter Attwood will be in contact with you to discuss specific pric~ on the grades you purchase and answer any questions that you roay have. : ( We value your business and appreciate your continued support and interest in ExxonMobil Chemical polyethylene products. Yours very truly, ~ K.W.Malvem Imm A. 0I1/lfJ1on of Canada Imperial Oil Limited An AJfiIiate of ExxOf'l MobIl Corporalion l:"ClooarHOIPo~yW8'_"""""""''''l.~- TOTRL P.0t AGENDA ITEM NUMBER: ~G AGENDA REQUEST Request to be placed on: SEPTEMBER 06, 2005 Date: August 22, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: The City Commission is requested to approve an increase of $21,350.00 on blanket purchase order number 624061for the purchase of 500 hot stamped garbage carts, lids and wheels from Otto Waste Systems as a sole source provider. ORDINANCElRESOLUnON REQUIRED: YES NO _X Draft Attached: YES NO _X Recommendation: Staff recommends an increase of $21,350.00 for the purchase of the 500 garbage carts with lids via blanket purchase order number 62406 t from Otto Waste Systems as a sole source purchase. Department Head Signabue: 5"~K Detennination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes v5.s No Funding alternatives: (if applicable) Account Number. 433-3711-534-49.35 Account Description: Cart Renewal & Replace Account Balance: .$ 2-/, 7/ 2-. tfL. City Manager Review: Approved for agenda: S2 [11/11 No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved {)/( . l>>1 I ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden, CIty Manager FROM: ~obert A. Barcmski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting September 6, 2005 Request from The Friends of Sandoway House Nature Center, Inc. - Special Event "Dancing in the Dunes" DATE: August 29, 2005 Action City Commission is requested to consider a request from The Friends of Sandoway House, Nature Center, Inc. to grant a temporary use permit per LDR's Section 2.4.6 (H) for the use of the southern portion of the Sandoway parking lot from 8:00 a.m. November 11, 2005 through noon on Monday November 14, 2005, and use of the balance of the Sandoway lot and the Ingraham parking lot for valet parking from 3:00 p.m. until midnight on Saturday November 12, 2005 for their annual fund-raiser. In addition they are requesting use of the park restrooms and City generator and are requesting staff assistance for security, barricading, clean up and restroom servIces. Back2:round Attached is an event permit and letter I received from Carolyn Patton requesting the use of the Sandoway parking lot and Ingraham parking lots for their annual fund-raiser scheduled to be held on the site this year on November 12,2005 as well as use of the City generator, the park restroom and staff assistance. A portion of the Sandoway lot is needed on November 11 th for the tent set up and the balance of this lot and the Ingraham lot are needed for the event parking. The Nature Center is preparing to hold this event on site again this year to showcase the center, coral reef pool and other exhibits. Barricades would be dropped off at the site and would be set up and the lots manned by volunteers. Estimated overtime costs for security and restroom services are $820.00. Since estimated costs are under $1,000 there is no charge for City services. This item has been reviewed by the Parking Management Advisory Board at their August 23rd meeting and they recommend approval. Also attached is a site plan, event budget, and proof of non-profit status. This item is before Commission to allow the use of the parking lots, extend lot closure time, and approve staff assistance as requested. Recommendation Staff recommends approval of the temporary use permit for the use of the south end of the Sandoway lot from November 11th at 8:00 a.m. through November 14th at noon and the use of the balance of this lot and the Ingraham lot on November 12th from 3:00 p.m. until midnight for the ~\-\ ----- Sandoway House fund-raiser, contingent on the receipt of liquor liability insurance, liability insurance certificate, a hold harmless agreement, and approval of the use of the restrooms and City generator and staff assistance for security and restroom cleaning. RAB/tas Cc: Carolyn Patton File. u: Sweeney/events Doc' Sandoway House Fund-Raiser 2005 DELRAY BEACH Planning & Zoning Department ~ All-America City MEMORANDUM , ~ III! 1993 2001 TO: Parking Management Advisory Board FROM: Scott Aronson, Parking Management Specialist RE: Agenda Item V.A - PMAB Regular Meeting August 23, 2005 Review A Request From Sandoway House Nature Center To Use Sandoway And Ingraham Parking Lots For A Fundraiser On November 12,2005 I Action: I The item before the Board is to make a recommendation to the City Commission with regards to a request from Sandoway House Nature Center to use the Sandoway and Ingraham Parking Lots for a fundraising event to be held on Saturday, November 12, 2005. I Background & Analysis: I The Sandoway House Nature Center will be holding their annual fundraiser, "Dancing in the Dunes," on November 12, 2005 from 6:00 PM - 12:00 Midnight. The request includes utilization of all the parking spaces in both lots on the day of the event (Saturday) and extending the closing hours of the lots to 12:00 Midnight on November 12, 2005. The south side of the Sandoway lot will be used as the main area for the event with the erection of two 50' X 100' tents The north side of the Sandoway Lot and the Ingraham Lot will be used for valet parking of the guests' vehicles on the day of the event. The request entails closing the south parking tier of the Sandoway Lot from 8:00 AM on Friday, November 11, 2005 through Monday, November 14, 2005 and closing both lots, Ingraham and Sandoway, for the entire day of Saturday, November 12, 2005. It is noted that the spaces in the north parking tier of the Sandoway Lot will be available to the general public on Friday, November 11th and Sunday, November 13, 2005. This is an annual fundraising event and has been supported by the Parking Management Advisory Board and the City Commission in the past. I Staff Recommendation: I Recommend to the City Commission approval of the request from Sandoway House Nature Center for the use of the Sandoway Lot from 8:00 AM Friday, November 11, 2005 through 8:00 AM Monday, November 14, 2005 and the use of the Ingraham Lot all day Saturday, November 12,2005 as outlined above. Attachment. Site Plan FROM.: SANDOWAY PHONE NO. : 561 274 9826 Jul. 05 2005 12: 10PM P1 The Friends of Sandoway House Nature Center, Inc. A. NON-PilOf\, OaGANlZATION D~OICATEO TO SUPPORnNG A. NATURE CEl'{ff,R \N A lUsrOtllC 8EACKfRONT SE111NG stNCf 1998 P'(eStdent wmiern s. weismon. ESCl. Vlce-Pre5ldent July 5, 2005 Dr. Andrew Katz SeaetOI)' Mr. Robert Barcinski Elaine Morris Assistant City Manager ~ra City of Delray Beach cerolyn R.ll. Patton lOONW 1st Avenue Delray Beach, FL 33444 Board of Directors Cheryl Oem Dear Bob: Paul Gale Jack Homs We request use of the Sandoway Parking Lot on Saturday, November Ann Heilakka 12,2005 for our Fall Fundraiser "Dancing in The Dunes:' We would Mary Higgins Jeen Irwin need to block off the parking lot from 8 am. Friday, November 11 Micbael 'Knlvit through. noon on Monday, November 14. Anne Merle Krejcarek Fum ~arincola We also request the use of the city generator. It could be brought over Or _ j. Scott McOwen on Friday, November 1 land picked up either at midnight on November JoAnn Peart 12 or afterwards. We will be providing security in the parking lot on Hon. Jeff Perlman Friday night and Saturday night until midnight. In addition, we would Alieda Riley like to use the Sandoway Park bathrooms for the event. All of these Joyce Slominski request are the same as la~1 year. Also, I will need a waiver for Yvonne Templeton Usa TIemon consumption of alcoholic beverages after 6:00 p.m. until midnight on November 12. beC'IIdYe Olrectar Nicole Householder Thank you SO much for your help in this matter. Please do not hesitate SANDOWAY HOUSE to call me if I can answer any further questions. NA11JU CENTE1l 142 SOuth oceon Blvd. Sincerely, OeIl'ay Beach. Florida 3.3483 ;2,- phone: (561) 274-SAND ;-( / Fax: (561) 274.g826 (,?v( r~ ?'-' ./'~-----_. E~mail: sandowllyhoU5e@4ol.com Carolyn Patton Websit2 www.sondowoybouse.com T reac;urer ~ I , , . . . . ^ New Community Resource for Palm Beach County ---- --- -~ . DURAY BEACH CIty of Delray Beach . . " , . ., , Special Event Permit _ RECEIVED Application 1 III1 J U l , 5 Z005 'C,:~&I~ rA", I PLEASE PRINT 1~~~11{ MANAGER Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event NamelTitle: VA-we I r06 J rJ Tt-f e ViA N ES 2. Event Date(s): Event Time(s): tJov~IYlR~ 1:2., .;Loo-s- . 3. Event Sponsor/Producer: C t::fO e- C7f2 ' 4. Event Contact/Coordinator: L tr:';-o 5. Address: /O~C) TA--m4J<{/lJf) RD D~A 3~~ '3 6. TeleP.hone Number: ~{; ~ 0/ f?'~ Cellular Number: '_ 7. E-mail Address: 5A.rJ DWlqyHouSE@ B€lLSOL( 7/-1-. Ah=r 8. Event Description: rA-LL F~ 1\1 D R A-lSE R-. D,4-tJCF (ff neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City 0 Non-Profit/Charitable}( Private 0 Co- Sponsor - Non-Profit/Private 0 (ff Non-profit attach proof of 501c(3), c(4), c(6}, c(10} or c(19}} 10. Event Location/Address: 142 5 Oc.E7\-tV BL vb. ~'t- 33Y~~ ArJ'P PAR. IV Lor Site plan attached: yes X no (Site plan required for entire event site) 12. Event budget attached: yes X no (Required for all events) 13. Serving or selling alcoholic beverages: yes X no (ff yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) ~ 14. Event certificate of insurance attached: yes no rr-:- (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) . 15. Playing of amplified music: yes X no (Waiver required) 16. Requesting Police assistance: yes (< no (Traffic control/security) 17. Will supplement with private security: yes no )( (If yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no X 19. Requesting barricade assistance : yes X no 20. Requesting trash removal/clean up assistance: yes x' no 21. Requesting trash boxes and liners: yes X no 22. Requesting stage use: yes X no (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 23. Requesting signage : yes no .X Type: Event sign (4'x4') Directional signs Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) 24. Food and beverage vendors: yes )( no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than 1e wee~,rior to the event LeA,J 1\ fZ~ - FMtJ n1 A flJCOlI'1; H - 'I tL-rL <0 7 b";< - oN . -6?- 25. Health Department approval: (see attached) yes no X 26. Other vendors: yes no X 27. Tents: yes x: no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no X (If yes, type and location and copy of liability insurance required}(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no X (Show on-site map) )(' 30. Will there be fireworks or other pyrotechnics? yes no (If yes, contact Fire Marshall) X 31. Will there be cooking with compressed gas? yes no (If yes, contact Fire Marshall) X 32. Will you be providing port-a-Iets for the event? yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) X 33. Will there be a charge for the event;; . ~ 0 yes no (If yes, indicate ticket prices) .f' (PO. -- X 34. Is reserved parking requested? yes no (If yes, indicate locations) 2 35. Nei hborhood Block Parties Nei hborhood block arlies on . Is event sponsored by the Homeowner's Association? yes_ no_ (" not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) . Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted A) Structures other than barricades are not allowed in City rights-of-way. 5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. - 7 - 2-1 -- 05 Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. Application fee received $ "50 · oV Site map Budget II' Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval / 501 c(3) or (d) certificate or letter t' Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 .sl'{~ PLA- tJ GtE~S7JtJ S(~t?lT/ (- -- ----- . n , I I I , \ I~ ; I I ~ ~ i I 1 ~~ i ~ :\f) t~~ ~~ I~ ~~ 1- ~ ~~ I ~ ~i ~t- ~ct~ ~a:: \'- ~\~3 ~ ~- ~ GJ ~I ~ : I '-.J ~ - SArJDDlJJ A-Y ~ ~ "'--'> e- A-T~f<-b ee-Nr&" ~ ~ SA /JDV UJ t+-'-! P~~K - OC.~A N< ~ DRAFT BUDGET FOR 2005 "DANCING IN THE DUNES" SANDOWAY HOUSE NATURE CENTER EXPENSES: TENT 5350 ATLAS RENT-ALL 5000 LABOR 1000 MUSIC 5000 PRINTING 1000 600 TOTAL 17,950 INCOME: TICKETS * 40.000 UNDERWRITING 16,000 RAFFLE 4,000 AUCTION 20,000 TOTAL 80,000 NEW INCOME: 62,050 *BASED ON SELLING 250 TICKETS AT $160.00 EACH ~ ~ Internal Revenue Service Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Date: May 16, 2003 Person to Contact: Mrs. Tumer 31-07345 Customer Service Specialist FRIENDS OF SAN DOWA Y HOUSE NATURE Toll Free Telephone Number: CENTERINC 8:00 a.rn. to 6:30 p.rn. EST CIO CAROLYN PATTON 877-829-5500 142 S OCEAN BLVD Fax Number: DELRAY BEACH, FL 33483 513-263-3756 Federal Identification Number: 65-0603775 Dear Sir or Madam: This is in response to your request of May 16, 2003 regarding your organization's tax exempt status. Our records indicate that a determination letter issued in November 1995 granted your organization exemption from federal income tax under section 501 (c)(3) of the Intemal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Retum of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a retum is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUT A). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055,2106, and 2522 of the Code. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tf?1I SUBJECT: AGENDA ITEM # cg I.. - REGULAR MEETING OF SEPTEMBER 6.2005 SERVICE AUTHORIZATION NO. 3/WESTERN/SENIOR COMMUNITY CENTER/ROBERT WALTERS ARCHITECTS, INC. DATE: SEPTEMBER 2, 2005 This is before the Commission to approve Service Authorization No.3 to Robert Walters Architects, Inc. in the amount of $122,500.00 for preliminary design services related to the development of the Western/Seruor Community Center. Funding IS available from 380-4150-572-62.58 (2004 G.O. Bond/Senior/Western Community Center) FY 05/06. Recommend approval of Service Authorization No.3 to Robert Walters Architects, Inc. in the amount of $122,500.00 for preliminary design services related to the development of the Western/Senior Community Center. s.\c.ty Clerk\agenda memos\SA 3 Robert Walters Western Seruor Commuruty Center 090605 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M wW11/.mydelraybeach.com TO: David T. Harden, City Manager FROM: Richard C. Rasko, P.E., Environmental Services Director ~ SUBJECT: WESTERN/SENIOR COMMUNITY CENTER DATE: August 29,2005 Attached is Service Authorization # 3 from Robert Walters Architects in the amount of $122,500 for professional consulting services in conjunction with the preliminary site planning and SPRAB submittal preparation for the proposed Western/Senior Community Center. The proposed facility is to be located at the northwest comer of the intersection of Lake Ida Road and Congress A venue on the site of the existing Alzheimers Center recently approved for purchase by Commission. The scope of this proposal includes programming of the needs assessment previously performed that determines the types of facilities and activities to be included in the new Community Center. This effort will consider space and proximity requirements for the various functions, activities and proposed occupancy levels resulting in a schematic building layout for review and approval by the City. The existing Alzheimers facility will be analyzed to determine the best programmatic use for the space as well as how it will be integrated into the site design considering overall site layout and architectural treatment. Building and overall site layout proposals will be prepared for review by the City and, upon approval, will provide the basis for the ensuing preparation of required documents for submittal to SPRAB for Site Plan Approval. A preliminary opinion of cost will be prepared as a part of this scope. Time for performance of the described services is approximately seven (7) months. Funding for this project is available in Parks & Rec Bond account #380-4150-572.62-58, SeniorlW estern Community Center. Please place this item on the September 6, 2005 agenda for consideration by City Commission. Cc: Joe Weldon, Parks & Recreation Director Randal Krejcarek, P.E., City Engineer Jill Skaggs, P.E., Asst. City Engineer Program Administration Service Authorization No.3 to the Agreement to Furnish Professional Services Dated February 14,2005, Between the City of Delray Beach, Florida and Robert Walters Architects City P.O. Number: City Project Number: Title: Western Senior and Community Center Programming, Schematic Design, Site Design, Site Engineering and Site Plan Review Services Category of Work: Professional Architectural Services General This SERVICE AUTHORIZATION shall include the professional service agreement referenced above and shall become part of that AGREEMENT as if written there in full. Introduction This Service Authorization will authorize Robert Walters Architects to provide professional Architectural/Engineering consulting services for Western Senior and Community Center. Services shall include building programming utilizing 2004 need's assessment report, existing building analysis, zoning code analysis, schematic site design, schematic building plan design, schematic building elevation design, site civil engineering, site landscape design, site hardscape and architectural design, preparation for site plan review, and obtain site plan approval from SCRAB. Scope of Services Task 1 - Building Programming Services Robert Walters Architects will review the needs assessment prepared for the City by Tetra Tech and develop a building program. Program will convert the City's stated needs into building areas with approximate spatial size, adjacency relationships, equipment requirements, occupancy requirements, future use and programmatic considerations, etc. Standards for spaces or activities will be defined. DFB/981040007ISET561 DOC 1 Task 2 - Existing Building Analysis Robert Walters Architects will review the existing building on site to help the City staff determine best programmatic use for the space. RW A will also review the building ADA code compliance and basic building code compliance. Analysis will include documentation in consideration for later joining the existing and new building into a single coherent development. Task 3 - Zoning I Site Analysis Robert Walters Architects will review the site's existing zoning and plat to determine if future rezoning or re-platting will be required. City's zoning code will be reviewed to determine the minimum number of parking spaces, maximum building area and height limitations, impact of setbacks or easements currently in place, amount of pervious area required, minimum lighting levels, minimum landscaping requirements, etc. Existing site will be reviewed for existing trees, landscape features, roadway connections, etc. Task 4 - Schematic Site Design Once a current site survey and plat is received from the City, Robert Walters Architects will develop a schematic site plan. Site plan will consider existing building location, new building size, massing, location, parking, exterior site functions, ingress and egress, pedestrian and vehicular traffic flows, etc. Task 5 - Schematic Building Plan Design Once an approval is received for building program from the City, Robert Walters Architects will develop a schematic building floor plan(s). Depending on the program, a single or multi-story building plan may be developed. The schematic plan will layout all the spaces and functions, traffic patterns, spatial relationships, etc. Task 6 - Schematic Building Elevation Design In conjunction with Task 5, Robert Walters Architects will develop schematic building elevations. All exterior elevations for new and existing building will be shown with any proposed connections. Task 7 - City Commission Review 1 Robert Walters Architects, in conjunction with City staff, will meet with City Commission members to receive comments and input on the proposed schematic site plan, schematic floor plans and schematic elevations. Task 8 - Update Schematic Designs After meeting with City staff and Commissioners, Robert Walters Architects will revise the schematic designs and resubmit them for review and approval. Task 9 - City Commission Review 2 Robert Walters Architects, in conjunction with City staff, will hold public meetings to receive comments on the proposed master plan designs. DELRAY/SA3_WESTERN_COMMUNITY _CENTER DOC 2 Task 10 . Renderings Once a schematic design approval is received from the City, Robert Walters Architects will proceed with obtaining a 3-dimensional colored rendering showing the new building, the existing building, and the site. A color site plan will be generated to show the approved schematic site layout. 3-dimensional renderings will be prepared for a minimum of (2) views - one from the street and one from within the site. Task 11 . Site Engineering Drawing Preparation Once a schematic design approval is received from the City, Robert Walters Architects will proceed with engineering drawings - civil engineering, landscape, irrigation, architectural site plan, site lighting and photometric drawings in preparation for site plan review submittal. Task 12 . Site Plan Review Drawings prepared under task 11 will be submitted for City's Site Plan Review. Robert Walters Architects' representative will attend site plan review board and city commission meetings and address any comments, as required. Task 13 . Preliminary Cost Estimate Robert Walters Architects will provide the City with a preliminary cost estimate for the development proposed. Schedule Robert Walters Architects will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Service Authorization from the CITY, which will serve as the notice to proceed. The following summarizes the proposed schedule. Task Time of Completion (weeks from date of notice to proceed [NTP)) Start Finish Task 1 - Building Programming Services September 15, 2005 October 15, 2005 Task 2 - Existing Building Analysis October 1, 2005 October 15, 2005 Task 3 - Zoning I Site Analysis October 16, 2005 October 31 , 2005 Task 4 - Schematic Site Plan November 1, 2005 December 31, 2005 Task 5 - Schematic Building Plan November 1, 2005 December 31, 2006 Task 6 - Schematic Building Elevations November 1, 2005 December 31, 2006 Task 7- City Commission Review 1 In January, as scheduled by the 15 days (additional time required City Staff for more than one meeting) Task 8 - Update Schematic Designs January 16, 2006 January 31, 2006 Task 9 - City Commission Review 2 In February, as scheduled by 15 days (additional time required the City Staff for more than one meeting) DELRAY/SA3_WESTERN_COMMUNITY _CENTER DOC 3 Task 10 - Renderings February 16, 2006 March 15, 2006 Task 11 - Site Engineering Drawings February 16, 2006 March 15, 2006 Task 12 - Site Plan Review March 16, 2006 April 30,2006 Task 13 - Preliminary Cost Estimate March 16, 2006 April 15,2006 Compensation to the CONSULTANT Compensation for professional consulting Architectural services as described herein is estimated at $112,500.00. Total compensation for Tasks 1 to 13 shall be on a lump sum basis in accordance with Article VII.Al of the AGREEMENT. The fee breakdown for Tasks 1 to 13 is as follows: Task 1 - Building Programming Services $12,000.00 Task 2 - Existing Building Analysis $ 5,000.00 Task 3 - Zoning / Site Analysis $ 3,000.00 Task 4 - Schematic Site Plan $ 7,500.00 Task 5 - Schematic Building Plan $12,000.00 Task 6 - Schematic Building Elevations $10,000.00 Task 7- City Commission and Staff Review 1 $ 1,500.00 Task 8 - Update Schematic Designs $ 5,000.00 Task 9 - City Commission and Staff Review 2 $ 1,500.00 Task 10 - Renderings $ 7,500.00 Task 11 - Site Engineering Drawings Architectural $ 7,500.00 Civil~gineering $18,000.00 Landscape and Irrigation $12,000.00 Electrical Engineering $ 6,000.00 Task 12 - Site Plan Review $ 2,500.00 Task 13 - Preliminary Cost Estimate $ 1,500.00 $112,500.00 lump sum Reimbursable Budget $10,000.00 DELRAYISA3_WESTERN_COMMUNITY _CENTER DOC 4 This service authorization is approved contingent upon the CITY's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRA Y BEACH: Robert Walters Architects (Corporate Seal) Date: Robert S. Walters, AlA, P.A. (date) Principal Architect Jeff Perlman, Witness Mayor Witness Attest: STATE OF FLORIDA COUNTY OF BROW ARD Approved as to Legal Sufficiency and Form The foregoing instrument was acknowledged before me this 15 day of August, 2005, by Robert S. Walters, Principal Architect, Robert Walters Architects, a Florida corporation, on behalf of the corporation. He is personally known to me and (did/ did not) take an oath. Notary Public State of Florida (Seal) DELRAY/SA3_WESTERN_COMMUNITY _CENTER DOC 5 AGENDA ITEM NUMBER: ~ AGENDA REQUEST Date: August 29,2005 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 6, 2005 Description of agenda item: Staff requests approval of ServIce Authorization # 3 to Robert Walters Architects in the amount of $l22,500 for preliminary design services related to the development of the Western/Senior Community Center to be located on the northwest corner of Congress A venue and Lake Ida Road. Scope includes programming of functions, activities and staffmg requirements for development of a building floor plan and site layout for the facllity. Existing onslte improvements will be analyzed for integration into the overall facility. Upon City approval of the SIte and building layouts and preliminary elevations, a complete package will be prepared for submittal to SPRAB for site plan approval. Funding for this contract is avaIlable m Parks & Rec Bond Account # 380-4150-572.62-58, Senior/ Western Community Center. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO X Recommendation: Staff recommends 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: IQ~ ~ No Funding alternatives (if applicable): Account Number: 3f1o - t/-I<)l) - 5/2 . b 2 .5ty Account Description. ~eY7io.-r !Wtc;;.+efl7 (b fYlm (lUAl-tv/ Account Balance: * 42,980,000 -propaYd ,-fJy F{/ 05 !O~ ~ City Manager Review: ---Ace 0Vt 0.J ba ranee o..P- -(j517~() &Y Pi DLf/OS, Approved for Agenda: @ -tz4 No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: --- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 1ft!] SUBJECT: AGENDA ITEM # <6.::r - REGULAR MEETING OF SEPTEMBER 6. 2005 CHANGE ORDER NO. 3/FINAL PAYMENT /ROSSO PAVING AND DRAINAGE, INC. DATE: SEPTEMBER 2, 2005 This is before the Commission to approve Change Order No.3 in the net deduct amount of $1,243.20, and ftnal payment in the amount of $7,640.67 to Rosso Paving and Drainage, Inc. for completion of the Plumosa Park Improvements Project. Funding is available from 334-6111-572-65.79 (General Construction Fund/Plumosa Park). Recommend approval of Change Order No.3 and ftnal payment to Rosso Paving and Drainage, Inc. completion of the Plumosa Park Improvements Project. S \Clty Clerk\agenda memos\CO 3 Fmal Rosso Pavmg Plumosa 090605 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.mydelraybeach com TO: DAVIDHARDE~ FROM: VICTOR MAJTE ction Manager SUBJECT: PLUMOSA PARK IMPROVEMENTS, (PIN 2003-061) Agenda Request; Change Order #3/Final and Final Payment DATE: AUGUST 30, 2005 Attached is an Agenda Request for City Commission to approve closeout Change Order #3/Final, in the net deduct amount of $1,243.20, and final payment in the amount of $7,640.67 to Rosso Paving and Drainage, Inc. for completion of the Plumosa Park Improvements project (PN 2003-06l). This change order liquidates the residual from the contingency allowance after miscellaneous changes to fencing, landscaping, irrigation, and bollards. All changes for the project are itemized on the attached Exhibit A to Change Order #3, Final. Change Order #1 in the amount of $13,535.00 was approved in November 2004 for paving the pedestrian walkways at the park, and Change Order #2 in the amount of $45,175.00 was approved in June 2005 for clearing, grading, and sodding of the temporary field at the new High School site. The project is complete and all warranty documentation received. Staff recommends the City Commission approve Change Order #3/Final in the deduct amount of ($1,243.20) and final payment in the amount of $7,640.67 to Rosso Paving and Drainage, Inc. for completion of the Plumosa Park Improvements project. Residual funds to be liquidated from P.O.# 621945, account 334-6111-572-65.79, General Construction FundI Plumosa Park. A Contractor Evaluation is also attached. cc: Richard Hasko; Director of ESD Joe Weldon; Director of Parks & Recreation Rafael Ballestero, Dep. Director of Construction, ESD City Clerk's Office Agenda File 09/06/05 File 2003-061 (A) S \EngAdmm\ProJects\2003\2003-061\CONSTRClIAgd mem CO#3 Fm Rosso 09 06 05 doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3/Final PROJECT NO. 03-061 DATE: PROJECT TITLE: Plumosa Park Improvements TO CONTRACTOR: Rosso Paving & Drainage, 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: Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $248,l60.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $58,710.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $306,870.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($1.243.20) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $305,626.80 PER CENT DECREASE THIS CHANGE ORDER 0.5 % TOTAL PER CENT INCREASE TO DATE 23.2 % 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. Rosso Paving & Drainage, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding IS available from accounts' 334-6111-572-6579 (-$1,243.20). DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk 5 \EngAdmm\ProJects\2003\2003-061\CONSTRCT\C0#3 Fm Rosso 09 06 05 doc -- - ------- Plumosa Park Improvements PIN 2003-061 Schedule A Change Order #3/Final Rosso Paving and Draiange, Inc. Contract Award Contract to Date ITEM DESCRIPTION UNIT EST. UNIT PRICE EXTENDED ACT. UNIT PRICE EXTENDED NO. OTY. TOTAL PRICE OTY. TOTAL PRICE I Demolition: LS 1 $29,500.00 $29,500.00 1 $29,500.00 $29,500.00 2 Clearing and Grubbing: LS I $10, I 00.00 $10,100.00 1 $10,100.00 $10,100.00 3 Ballfield construction, new: LS 1 $9,400.00 $9,400.00 1 $9,400.00 $9,400.00 4 Fencing, new: LS I $40,500.00 $40,500.00 I $40,500 00 $40,500.00 5 Site Irrigation, new' LS I $55,300.00 $55,300.00 I $55,300.00 $55,300.00 6 Site SoddIng, new: LS I $58,700.00 $58,700.00 I $58,700.00 $58,700.00 7 Site LandscapIng, new LS I $14,200.00 $14,200.00 1 $14,20000 $14,200.00 8 Drinking Fountains and EA 2 $5,000.00 $10,00000 2 $5,000.00 $10,000.00 Drywell, new, 9 Picnic Table & Dugout LS I $8,000.00 $8,000.00 1 $8,000.00 $8,000.00 Pads; new, 10 As-Built Drawings LS 1 $5,450.00 $5,450.00 1 $5,450.00 $5,450.00 11 IndemnIty LS 1 $10.00 $10.00 1 $10.00 $10.00 - 12* Contingency Allowance LS I $7,000.00 $7,000.00 0 $7,000.00 $0.00 - - --- - - - -- - ---~----- --~-- TOT AL Base Bid $248,160.00 $241,160.00 Change Order #1 Paving asphalt pedestrian pathways. $0.00 $0.00 I $13,535.00 $13,535.00 TOTAL Change Order #1 $0.00 $13,535.00 Change Order #2 (Contract Addition) 14 Temporary athletic field for new High LS 0 $0.00 $0.00 I $45,175.00 $45,175.00 School; clearing, grubbIng, gradIng, Irrigation, and sodding, apprx 160 x 300ft area. TOTAL Change Order #2 $0.00 $45,175.00 Plumosa Park Improvemenls PIN 2003-061 September 6. 2005 Page 1 of2 Plumosa Park Improvements PIN 2003-061 Schedule A Change Order #3/Final DESCRIPTION UNIT PRICE EXTENDED UNIT PRICE EXTENDED TOTAL PRICE TOTAL PRICE ]2* MIsc. Chanl!.es ]2.2.1 Landscape Revisions; add 12 Sabal LS 0 $000 $0.00 1 $845.05 $845.05 Palms, 72 Faxahatchee Grass, delete 3 Live Oaks. ]2.4.0 Fencing Revision at Irrigation LS 0 $0.00 $0.00 I $186.90 $186.90 Pump/Controller; revise height from 8' to 12.5.0 Fencing; contruct maze gate at City's LS 0 $0.00 $0.00 ] $2,123.60 $2,123.60 request. 12.60 Relocate bollards closer to fence gates. LS 0 $0.00 $0.00 1 $1,435.00 $1,435.00 12.7.0 Furnish and install 2" flow meter at LS 0 $0.00 $0.00 1 $866.25 $866.25 irrigation controller 12.9.0 Fabricate and weld handles to removable LS 0 $0.00 $0.00 1 $300.00 $300.00 ballards. TOTAL Changes $0.00 $5,756.80 TOTAL Contract to Date $248,160.00 $305,626.80 Contract Award $248,160.00 Previously Approved Changes $58,710.00 A ward to Date $306,870.00 Contract To Date $305,626.80 Change Order #3/Final ($1,243.20) Plumosa Park Improvements PIN 2003-061 September 6. 2005 Page 2 012 Agenda Item No.:KJ"' AGENDA REQUEST DATE: August 30, 2005 Request to be placed on: ----2L- Regular Agenda _ Special Agenda _ Workshop Agenda WHEN: September 6,2005 Description of item (who, what, where, how much): Change Order #3/Finalln the deduct amount of $1,243.20 and a request for final payment in the amount of $7,640.67 to Rosso Paving & Drainage, Inc. for the completion of Plumosa Park Improvements project, PIN 2003-061 This change order will liquidate the contingency allowance not used under the contract. Funds will be liquidated from P.O.# 621945 to account 334-6111-572-65.79, General Construction Fund/ Plumosa Park. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Approve Change Order #3/Final and final payment to Rosso Paving & Drainage, Inc. for the above refer~ D~partment Head &-~ I ~ S~na~re' ~~~ 0 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~O ~ 1/3J/c6' Funding alternatives (if applicable) Account No. & Description See above ~ Account Balance See above City Manager ReView: .EJ. Approved for agenda: ~/NO ~;r./l Hold Until. [I / Agenda Coordinator Review: Received: Placed on Agenda' Action: Approved/Disapproved file 2003-061 (A) S \EngAdmm\Projects\2003\2003-061\CONSTRC1\Agnd req CO#3 Fm Rosso 09 06 05 doc MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS /; FROM: CI1Y MANAGER ~ ! SUBJECT: AGENDA ITEM # ~K - REGULAR MEETING OF SEPTEMBER 6. 2005 CONTRACT ADDITION (CHANGE ORDER NO. 3)/ASPHALT CONSULTANTS~ INC. DATE: SEPTEMBER 2, 2005 This is before Commission to approve a Contract Addition (Change Order No.3) between the City and Asphalt Consultants, Inc. in the amount of $102,169.20 for parking area improvements and the addiuon of pull boxes and electncal changes with the light poles as part of the N.W.jS.W. 5th Avenue Beautification Project. The Commumty Redevelopment Agency will fund this contract addiuon. Funding is available from 334-3162-541-65.83 (General Construction FundjN.W.jS.W. 5th Avenue). Recommend approval of the Contract Addition (Change Order No.3) with Asphalt Consultants, Inc. in the amount of $102,169.20 for the NW jSW 5th Avenue Beautification Project. S.\Ctty C]erk\agenda memos\CA Asphalt Consultants NW SW Soh Avenue 090605 - --- City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www mydelraybeach com TO: David Harden, City Manager FROM: Rafael Ballestero, Deputy Director for Construction ~t!r SUBJECT: N.W. I S.W. 5TH A VENUE IMPROVEMENTS (PIN 2003-037) Change Order #3, Contract Addition DATE: AUGUST 29,2005 Attached is a request for the City Commission to approve Change Order #3 (Contract Addition) to Asphalt Consultants, Inc for two items on the above referenced project. These items include: 1. The Installation of parking areas in the alley east of NW 5th Avenue at NW 2nd Street. This is to replace parking along the frontage of three properties on 5th Avenue which will be displaced by the construction occurring in this area. The cost for this work is $87,540.00, which is below the anticipated cost. Copies of probable construction costs and CRA Board approval for said work are attached. 2. The installation of pull boxes and electrical upgrades required since the openings in the light poles are not large enough to accommodate the conduits. The cost for this work IS $14,629 20, and is commensurate with the work to be performed. The total cost for these items is $102,169.20. Copies of the contractor's quotations are attached for your review. Staff recommends award of contract addition #3 to Asphalt Consultants, Inc. in the amount of $102,169.20, on the N.W.I S.W. 5th Avenue Improvements Project, PIN 2003-037 Funding will be available from the Community Redevelopment Agency cc: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Victor MaJtenyi, Construction Manager City Clerk's Office Agenda File File 2003-037(A) S \EngAdmm\Projects\2003\2003-037\ConstructlOn\Agenda memoCO#3 AsphCons 09 06 05 doc CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 (Contract Addition) PROJECT NO. 03-037 DATE: PROJECT TITLE: NW I SW 5th Avenue Streetscape Improvements TO CONTRACTOR: Asphalt Consultants, 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: 1. InstalJ parking area improvements in the alJey east ofNW 5th Avenue at NW 2nd Street. This is to replace parking which will be lost along the property frontage on 5th Avenue. Cost for this work is $87,540.00. 2. Upgrade pulJ boxes and perform electrical changes at light poles to accommodate conduits. Cost for this work is $14,629.20. 3. Total cost for Change Order #3 is $102,169.20. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $l,853,886.75 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $179.379.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $2,033,265.75 COST OF CONSTRUCTION CHANGES THIS ORDER $102.169.20 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,135,434.95 PERCENT INCREASE THIS CHANGE ORDER 5.51 % TOTAL PERCENT INCREASE TO DATE 15.19 % TOTAL CONTRACT TIME WILL BE INCREASE BY 2l DAYS. 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. Asphalt Consultants, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding will be available from the Community Redevelopment Agency. - 33,+ ~3 ) tp ]... -sL/ J - lj.S'. 8 3 DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk S \EngAdmm\ProJects\2003\2003-037\ConstructJOn\C03 Asph Cnslt doc -09 06 05 doc --- ~ROM (WED) AUG 17 2005 15: 06/ST. 15: 05/~JO. 6321820508 P , I , ASPHALT CONSULTANTS, INC. ENGINEERING CONTRACTORS Augusl 1 7. 2005 City of Dclray Beach Environmental Services Department 434 South Swinton Avenue Detray Beach. FL. 33444 Attention: Rafael C. Ballestero Re: NW/SW Sth Avenue Streetscape and Infrastructure Improvements City of Delray Beach Project No. 2003-037 Subject: Changes to the Work Gentlemen, We are in receipt of Contract plan sheet COSA depicting additional alleyway parking and drainage improvements. We shall utilize our existing unit prices for drainage, stabilized subgradc, limerock base and 1.5" asphalt to eonsb'uct the improvements. We have listed e::;Limated quantities and unit prices for review and approval. New items are in "Bold" DESCRIPTION OUANTITY UNIT PRICE EXTENSION Engineering layout/asb.iltl lLS 3080.00 3080.00 Maintenance of Traffie lLS 300.00 300.00 Bond fees (2 % of 85824.00) lLS 1716.00 1716.00 Clear and Grub lLS 500.00 500.00 Type C Inlet 1 EA 2325.00 2325.00 5' Diameter Manhole 1 EA 6000.00 6000.00 18" RCP 148 LF 68.00 10064.00 Asphall Trench Repair 25 LF 29.00 725.00 Stabilized Subgrade 740 SY 34.00 25160.00 8" Limerock Base 720 SY 36.00 25920.00 1.5" Asphalt 700 Sy 6.70 4690.00 4" concrete sidewalk 660 SF 4.00 2640.00 8" concrete (dumpster pad) 270 SF 8.00 2160.00 8" Steel Bollards 12EA 100.00 1200.00 Concrete Car Stops 21EA 20.00 420.00 Handicap Paint Striping & Sign 2EA 225.00 450.00 Parkinl Stall Paint Stripes 19EA 10.00 190.00 ----------------- Estimated Cost of Additional Work $87540.00 CONTINUED 880 NW 1st AVENUE · BOCA RATON, FLORIDA 33432 · (561) 368-5797 · FAX (561)750-8596 f,~OM (WED) AUG 17 2005 15: 06/ST. 15: 05/NO. 6321820508 P 2 , I " The preceding quantities include the parking area on Lot 5. If Lot 5 parking area work is not undertaken then the estimated cost of additional work would be decreased by approximately $27600.00 This work is expected to take 21 additional calendar days to complete. Should it become necessary ~ we are requesting the City add the additional calendar days into our Contract within the final balancing change order. Please contact Chris or me if you have any questions or comments. E.F. Leiper IV Project Manager Faxed to 243-7314 ~.-:..- . .. ...... '. , ; . 880 NW 1st AVENUE · BOCA RATON; FLORIDA 33432 · (561) 368-5797 · FAX (561)750-8596 ~... ,-, , .w ;a; ...~,." I , . --- "- " FROM (THU) 8 EP 1 2005 8:52/8T. 8:51/NO. 6321820563 P 1 ,ASPHALT CONSULTANTS, INC. ENGINEERING CONTRACTORS May 20, 2005 City of Delray Beach Environmental Services Department .... 434 South Swinton Avenue Delray Beach, FL. 33444 Attention: Rafael C. Ballestero Re: NW ISW Sd1 Avenue Streetscape and Infrastructure Improvements City of Del ray Beach Project No. 2003-037 Subject; Request for Change Order Gentlemen, Our electrical subcontractor (Acupower, Inc.) is requesting a Change Order for additional, pull boxes and appurtenances that will need to be furnished and installed at the base of the new street light poles. The reason for the design change is because the pole openings and space within the pole is not large enough to accommodate the conduits. The prices \ for this additional work are listed below and back up infonnation is attached for your utilization. Our markup was determined by multiplying the subcontractor's prices by 5% (profit) and then 1.5% (bond) DESCRIPTION OUANTITY UNIT PRICE . Electrical changes at light poles ILS $ 11005.6~ 1/} Upgrade pull boxes 1 LS $ 3623.55 rt IlP~q In order to keep this project on sehedult; it is very important that this Request for Change Order be reviewed and a decision rendered as soon as possible. There is a four week procurement period for the polymer materials. We reserve the right to request additional Contract time for this event iftbe critical path is affected. Please contact me if you have any questions and/or additional information is required. Respectfully, ~ E.F. Leiper IV Project Manager Faxed to 243-7314 Cc: Acupowcr, Inc. ". 880 NW 1st AVENUE · BOCA RATON. PLORIOA 33432 . (561) 368..5797 . FAX (561)750-8596 - ~.... . , ~. -'" Engineers Estimate of Probable Construction Costs City of Delray Beach CH2MHILL SWINW 5th Avenue - Parking Relocation Prepared By: PRL For Lots 1, 2, 3, 4 and 5, Block 27 June, 2005 CONSTRUCTION OF PROPOSED IMPROVEMENTS CIVIL/SITE IMPROVEMENTS FOR LOTS 1 AND 2 ITEM NO. DESCRIPTION OF ITEM EST. QUAN. UNIT UNIT COST TOTAL 1 Construction layout and record drawings performed by Florida registered Professional SUlVeyor and Mapper 1 LS $500.00 $500.00 I 2 Demolition of existing features i 1 LS $2,880.00 $2,880.00 3 Furnish all materials and equipment for the construction of the asphalt pavement, base and subbase. 307 SY $76.70 $23,546.90 4 Furnish all materials and equipment for the installation of all pavement markings and signing within the project limits. 1 LS $1,000.00 $1,000.00 5 Furnish all materials and equipment for l,e installation of wheel I stops. 10 EA $17.00 $170.00 SUBTOTAL CIVIUSITE IMPROVEMENTS FOR LOTS 1 AND 2 $28,096.90 CIVIUSITE IMPROVEMENTS FOR LOT 3 ITEM NO. DESCRIPTION OF ITEM EST. QUAN. UNIT UNIT COST TOTAL I Construction layout and cc'Cord drawings performed by Florida registered Professional SUlVeyor and Mapper 1 LS $500.00 $500.00 2 Furnish all materials and equipment for the construction of the asphalt pavement, base and subbase. 152 SY $76.70 SIU58.40 3 Furnish all materials and equipment for the installation of all pavement markings and signing within the project limits. 1 LS $750.00 $750.00 4 Furnish and install all materials and equipment for the construction of 4" thick concrete sidewalk. 210 SF $450 $945.00 5 Furnish all materials and equipment for the installation of wheel stops. 4 EA $17.00 $68.00 SUBTOTAL CIVIUSlTE IMPROVEMENTS FOR LOT 3 $13,921.40 ELECTRICAL IMPROVEMENTS FOR LOT 3 ITEM NO. DESCRIPTION OF ITEM EST. QUAN. UNIT UNIT COST TOTAL 6 Furnish all materials and equipment for the removal and relocation of guy wires. 1 EA $4,000.00 ~,000.00 SUBTOTAL ELECTRICAL IMPROVEMENTS FOR LOT 3 $4,000.00 CIVIL/SITE IMPROVEMENTS FOR LOTS 4 AND' 5 ITEM NO. DESCRIPTION OF ITEM EST. QUAN. UNIT UNIT COST TOTAL 1 Construction layout and record drawings performed by Florida registered Professional Surveyor and Mapper 1 LS $500.00 $500.00 2 Demolition of existing features LS $3,020.00 $3,020.00 1 3 Furnish all materials and equipment for the construction of the asphalt pavement, base and subbase. 293 SY $76.70 $22,473.10 4 Furnish all materials and equipment for the installation of all pavement markings and signing within the project limits. 1 LS $1,500 00 $1,500.00 5 Furnish ane. install all materials and equipment for the construction of 4" thick concrete sidewalk. 660 SF $4.00 $2,640.00 6 Furnish and install all materials and equipment for the construction of 6" thick concrete dumpster pad. 270 SF 55.00 $1,350.00 ---- 7 Furnish ane install all materials and equipment for the construction of 8" charneter bollards. 12 EA $200.00 52,400.00 8 Furnish all materials and equipment for the installation of wheel stops. 8 EA $17.00 5136.00 SUBTOTAL CIVIUSITE IMPROVEMENTS FOR LOTS 4 AND 5 $34,019.10 ELECTRICAL IMPROVEMENTS FOR LOTS 4 AND 5 ITEM NO. DESCRIPTION OF ITEM EST. QUAN. UNIT UNIT COST TOTAL 9 Furnish all materials and equipment for the removal and relocation of wooden power poles. 1 EA $5,000.00 $5,000.00 10 Furnish all materials and equipment for the re-establishment of electric services. 3 EA $1,500.00 $4,500.00 SUBTOTAL ELECTRICAL IMPROVEMENTS FOR LOTS 4 AND 5 $9,500.00 DRAINAGE IMPROVEMENTS 1 Furnish and install all materials and equipment for the construction of 18" RCP. 148 LF $68.00 $10,064.00 2 Furrush and install all materials and equipment for the construction of Type C Inlet with Valley Gutter Grate. 1 EA $2,325.00 52-325.00 3 Furnish and install all materials and equipment for the construction of 6' diameter Manhole. 1 EA $3,400.00 $,3.400.00 4 Furnish and install all materials and equipment for tying into existing drainage system. 1 LS $3,000.00 $3))00.00 5 Furnish and install all materials and equipment for the construction of Asphalt Trench repair. 24 Sy $29.00 5696.00 SUBTOTAL DRAINAGE IMPROVEMENTS $19,485.00 TOTAL CONSTRUCTION IMPROVEMENTS $109,022.40 15% CONTINGENCY (Applied to Construction Costs Only) $16,353.36 PROTECf TOTAL COSTS $125,375.76 Meeting Date: July 14, 2005 Agenda Item : ~ Summary ~ Budget Amendment - NW/SW 5th Avenue Project The NW/SW 5th Avenue project is currently under construction. This project was approved at a cost of approximately $1.85 million. The CRA budgeted $1.2 million in the current Fiscal Year, of which approximately $1,095,000 has been allocated. An additional $450,000 was contributed by Palm Beach County, and the City is funding approximately $309,000 of the costs. At the time that the project was put out to bid, certain aspects of the project had not been fully designed and were therefore not included in the original bid. These additional items included the removal of back-out parking from two properties on NW 5th Avenue and replacing it at the rear of the properties, off of the alley. This improvement is essential to the overall beautification of the street. At the time of bidding we did not have the surveys of the individual projects and the engineers could not design the improvements, therefore, they were not included in the bid at that time. The improvements have since been designed and priced. Other costs that were unknown at the time included the bronze medallions that will be placed intermittently in the sidewalks. That information is now available, as described below. One other cost that is still uncertain at this time is the cost of installing sod, irrigation and walkways in the areas where the parking is removed. At this time we are estimating those costs to be approximately $20,000. The following is a summary of the additional costs. Detailed cost breakdowns are available upon request. Removal of back-out parking, design and installation of parking at rear of structures: $138,500 Purchase, shipping and installation of twenty (20) bronze medallions: $32,000 Landscaping and irrigation $20,000 Contingency $10,000 Total: $200,500 When this amount is added to the $1,095,000 that has already been allocated, the total CRA contribution is $1,295,500, or $95,000 over the budgeted amount. Staff plans to work with the Engineering Department to see if these costs can be reduced somewhat, however, at this time it is necessary to allocate these dollars to move these phases of the project forward. Recommended Action: Approve the increase in the budgeted amount for the NW/SW 5th Avenue project by an additional $95,000, for a total budget of $1,295,000. Submitted By Diane Colonna. Executive Director IffCRA DElRAY BEACH COMMUNITY REOEYElO,MENT AQENCT CRA BOARD MEETING: Thursday, July 14, 2005, 5:30 p.m. BOARD MEMBERS PRESENT: STAFF/CONSULTANTS PRESENT: Evelyn Dobson Diane Colonna Howard Lewis Robert Federspiel Brenda Montague Ron Hoggard Frank Wheat Donna Gogreve Peter Arts Michael Simon Thuy Shutt Rosalind Murray Jean Moorefield BOARDMEMBERSABSEN~ Lamar Shuler Tom Carney OTHERS PRESENT: Marie Boone Amber Lovofsky Rani Gupta Tim Hernandez M.J. Mike Arts Brian Grossberg Cathy Arts Kevin Rickard Randy Welker Gabriele Ortner Vice Chair Brenda Montague called the meeting to order at 5:35 p.m. Call to Order: 1. Approval of Agenda - Ms. Colonna advised that the agenda had been revised to delete Item 9., which will be moved to a future agenda, create Item 12. a.) Contract for Sale & Purchase of 712 SW 2nd Terrace and add Item 12. b.) Contract for Sale & Purchase of 700 SW 2nd Court. Mr. Wheat motioned to approve the Revised Agenda; the motion was seconded by Mr. Lewis. The motion was approved unanimously. 2. Approval of Minutes of Regular Meeting of June 23, 2005 - Ms. Montague motioned to approve the minutes of the regular meeting of June 23, 2005; the motion was seconded by Mr. Wheat. The motion was approved unanimously. r 3. P&Z: a.) Comprehensive Plan. Proposed Text Amendments. The Board recommended approval of the proposed changes. 4. Public Comments (Note: comments are limited to 3 minutes in duration, and will be responded to at the next board meeting): NONE Consent Agenda: 5. Charitable Donation Grant for C.L.A.S.S. of PBC 6. La France Hotel Phase II 7. Temporary Use Agreement - Garlic Festival 2005 8. Temporary Use Agreement - Roots Festival 2005 Approved with the approval of Agenda above. Old Business: 9. Amendment to the Interlocal Agreement for Old School Square Acquisitions - This item was deleted from the Agenda. 10. Response to RFP for 127 SW 2nd Avenue - Mr. Lewis stated that full market value was necessary. Mr. Wheat also agreed that full market value was necessary. Ms. Dobson requested assurance from New Urban Communities that the project will be presented to the community that is directly impacted. She suggested that the term "affordable housing" should be changed to "workforce housing". Mr. Federspiel stated that both designations are recognized as interchangeable. Mr. Wheat motioned to award the RFP for the property located at 127 SW 2nd Avenue to New Urban Lighthouse LLC and direct staff to negotiate a contract for the sale and development of the property; the motion was seconded by Ms. Dobson. The motion was passed unanimously 11. West Settler Landscaping Grant for 144 NW 3rd Avenue - $5,000 - Mr. Lewis motioned to approve the $5,000 grant for landscaping for 144 NW 3rd Avenue, as part of the West Settler's Grant program; the motion was seconded by Mr. Wheat. The motion was passed unanimously. 12. a.) Contract for Sale & Purchase -712 SW 2nd Terrace - Mr. Lewis motioned to approved the purchase of the property at 712 SW 2nd Terrace; the motion was seconded by Mr. Wheat. The motion passed unanimously. b.) Contract for Sale & Purchase of 700 SW 2nd Court - Mr. Lewis motioned to approve the purchase of the property at 700 SW 2nd Court; the motion was seconded by Mr. Wheat. The motion was passed unanimously. 13. Budget Amendment - NW 6th Avenue Project - Mr. Wheat motioned to approve the increase of the budgeted amount for the NW/SW 5th Avenue Project by an additional $95,000, for a total budget of $1 ,295.000; the motion was seconded by Evelyn Dobson. The motion passed unanimously. New Business: 14. West Settler Grant for George and Lottie Williams - 131 NW 4th Avenue - $15,000 - Mr. Arts motioned to approve a West Settler's Historic Grant in the amount of up to $12,000 for the historic home located at 131 NW 4th Avenue; the motion was seconded by Mr. Lewis. The motion passed unanimously. 15. Business Development Grant for Marie Boone Shoes - Mr. Wheat motioned to approve the Business Development Grant for Marie Boone Shoes in an amount not to exceed $5,000; the motion was seconded by Mr. Lewis. The motion passed unanimously. 16. Contract for Sale and Purchase of 46 SW 9th Avenue - Mike Simon asked the board to waive its policy on requiring two appraisals for this property, since we had recent appraisals ~. of similar properties that provided comparable sales information. He felt that one appraisal would be sufficient. Mr. Wheat motioned to waive the 2-appraisal policy for this property; the motion was seconded by Peter Arts and passed unanimously. Mr. Wheat then motioned to approve the purchase of 46 SW 9th Avenue, Lots 23 & 24, Block 1 for $423,306; the motion was seconded by Evelyn Dobson and passed unanimously. Other Business: 17. Comments by Commissioners - Mr. Lewis acknowledged, with regret, the passing of Mr. Carney's mother. Flowers were sent on behalf of the Board and Staff. Mr. Wheat expressed his appreciation for being re-appointed to the Board. He looks forward to the next four years. Mr. Arts stated that he is honored to be working with the Board and Staff and remarked how the CRA's role has evolved over the past 20 years. Ms. Montague welcomed the new Board members and staff and expressed her admiration for the existing staff members. She also proposed that we organize two workshops; one with the DDA and one for goal setting. 18. Comments by Board Attorney - None 19. Comments by Executive Director - Ms. Colonna expressed her appreciation of the new appointments and re-appointments of the Board members. She addressed the Mt. Olive Baptist Church trial, at which she will be testifying, and assured all that the CRA has acted above reproach in this matter. She also commented on the Eminent Domain issue that has surfaced since the recent Supreme Court decision. She stated that the CRA has never abused the action in the last 20 years. Mr. Federspiel commented that the Supreme Court case did not change Florida law. Mr. Arts requested a list of Eminent Domain examples that have been utilized by the CRA. 20. Comments by Staff - Mr. Simon stated that the Carver Square project is in the final stages and contracts should be completed within the next few weeks. There being no further business the regular meeting adjourned at 7:48 pm. Brenda Montague, Chairperson Diane Colonna, Executive Director Agenda Item NO~ AGENDA REQUEST DATE'August29,2005 Request to be placed on: ----2L. Regular Agenda _ Special Agenda _ Workshop Agenda WHEN' September 6,2005 Description of item (who, what, where, how much): Request to approve Change Order #3 (Contract Addition) to Asphalt Consultants, Inc., on the NW / SW 5th Avenue project These items include: 1. The installation of parking areas in the alley east of NW 5th Avenue at NW 2nd Street. ThiS is to replace parking along the frontage of three properties on 5th Avenue which will be displaced by the construction occurnng In this area The cost for this work IS $87,540.00, which IS below the anticipated cost Copies of probable construction costs and CRA Board approval for said work are attached 2. The Installation of pull boxes and electrical upgrades required since the openings In the light poles are not large enough to accommodate the conduits. The cost for thiS work IS $14,629.20, and is commensurate with the work to be performed Funding Will be available from the Community Redevelopment Agency. ORDINANCE/RESOLUTION REQUIRED: YESINO DRAFT ATTACHED YES/NO Recommendation: Appr ddition) to Asphalt Consultants, Inc. for the above referenced project Department Head ~I 05 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 (if applicable) N uJ /SuJSI1J 1M?, Funding alternatives Account No. & Description See above 3.3J../-311D2--S4/ -/'s.g 3 ::;:::mt'n7v Account Balance See above City Manager Review: ~it-tt:t ~q~I<~,~.~ ~ ~a/1J~ Approved for agenda: YESINO paa.;.~ .. 'ac;~~'t-' Hold Until: .~~ ~~~ot17 is-:~ . -, Agenda Coordinator Review. ~~t-~ /nA.."e.e..-bk-.~ Received: ~ Placed on Agenda' 'j;/~5 Action: ApprovedlDisapproved file 2003-037(A) S \EngAdmm\ProJects\2003\2003-037\Construction\Agnd req CO#3 AsphCons 09 06 05 doc . ~ [IT' DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 2')[1 '\[\\' hlWF'\l'E' DFLR \'Y BE....CH FLORIDA 33444 fj [ [P[-[C),\f 'i6! ':'4Y7{1')II' HC<;[J\IlU~ :'0[/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 f L 0 It I 0 .. DaI:II All-America City , III I! DATE: MEMORANDUM August 29, 2005 1993 TO: City Commission 2001 David Harden, City Manager [L ".. --==---- -- --.. FROM: Brian Shutt, Assistant City Attorney SUBJECT: AQreement for Fitzy's Proiect The developer for the Project referred to as Fitzy's is required to construct a sidewalk along a portion of their project and relocate a FPL pole. As the City will be doing work in this area in the near future and the work performed by the City may impact the work required of the developer, the developer has agreed to pay to the City $5,700.00 for the construction of the sidewalk and to also pay the City the amount of $2000.00 for the relocation of the FPL pole. In the event the developer relocates this pole within 6 months of the execution of this Agreement the City will refund the $2000.00 to the developer. The developer shall pay these amounts to the City within 10 days of the execution of this agreement. Our office requests that this item be placed on the September 6, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Janet Whipple, Acting City Clerk Randal Krejcarek, City Engineer ~L . . AGREEMENT THIS AGREEMENT entered into this _ day of , 200-, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and MARlT FITZPATRICK and SYMON JAMES (hereinafter referred to as DEVELOPER), provides as follows: WHEREAS, a project called FITZY'S is being developed at the southeast corner of S.E. Fourth A venue and SE 1 st Street, as shown on Exhibit "A", in the CITY; and WHEREAS, the DEVELOPER is required to construct a sidewalk for the Development (See Exhibit "A"); and WHEREAS, the DEVELOPER is required to relocate an existing Florida Power and Light Pole on the southeast corner of SE 4th A venue and SE 1 st Street. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the DEVELOPER and CITY hereby agree as follows: 1. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. PROJECT CONSTRUCTION. Pursuant to the DEVELOPER'S building permit requirements, the DEVELOPER shall be required to construct a sidewalk as shown on Exhibit "A". However, as the CITY will be reconstructing a portion of the street in this area, the CITY shall construct the sidewalk upon its completion of the street improvements. The DEVELOPER shall also be required to remove the FPL pole as shown on Exhibit "A" as it is currently located in the proposed sidewalk area. DEVELOPER must have the pole removed within six months of the execution of this Agreement. If DEVELOPER fails to remove the FPL -----~ < pole within the 6 month time period, the CITY may remove the pole with the funds received from the DEVELOPER 3. DEVELOPER COSTS. The DEVELOPER shall pay to CITY the cost of the construction of the sidewalk as shown on Exhibit "A", in the amount of $5,700.00. This amount shall be paid to the CITY within 10 days of the execution of this Agreement. DEVELOPER shall also pay to the CITY the amount of $2,000.00 to be used by the CITY in the event that DEVELOPER fails to remove the FPL pole from the sidewalk area as shown by Exhibit "A" within the 6 month time period. If DEVELOPER removes the FPL pole within the 6 month time period the CITY shall refund to DEVELOPER $2,000.00 within 30 days of the relocation of the FPL pole and upon written request from DEVELOPER. 4. GOVERNING LAWS: VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 5. INTEGRATION: AMENDMENTS. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. A TrEST: CITY OF DELRA Y BEACH By: By: City Clerk , Mayor Approved as to Form: By: City Attorney 2 . < DEVELOPER: BY:~d~ M . Fitzpatrick STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 18-rJ day of Ill/cosT", 200.s by Marit Fitzpatrick, who is personally known to me or who has produced ~~/VI:;1€~ LI e. 'd'fi' , _ -'ilL" ,t.... 0' fWRIDA as 1 enl1 cation. ~ 'w Carla L. Meyer Commission # DD456156 Expires: JULY 31, 2009 Bonded TI-:rJ Alla:ltlc flo:.ili.-:g Co., Inc. 'tur fN I" Stat . a e 0 0 lC - e of Florida .. By: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this I ~ day of !) I/~ (/5 r; 2005 by Symon James, who is personally known to me or who has produced t:>fJYb2.s Dc. as identification. ~ NOTARY PUBUC-~1ATE OF FLORIDA \ Carla L Meyer Commission # DD456156. , WExPir~s: . 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' iii'. ,........-....:~ 1 ~:--" ~.~ ~., "~0 l. :g',:-- ~~ .t~ ~:--~ .:-.. :- '~ .~ ,'- ~~1 +f~~ U, . _" -:t,. ~ ~"'~~_ _ _ _ _ ...- . - - . ~ Cor __ .~ :', .:-,.....,~" ~ \. . '" " ~ .~ ~'l "'~~ ~,,~ 0:: ~'\..~ ~ ~"~,, ~ ~ ~"........'''"' ,"~ '\.,,""'~ ,,"'~ - - - - - ~ - ~ """ 0i .....,,'<8 ~"'~~ ~ ,"'8:,~~~~ f''\..'~ '~~:~'-i rln ;t,...~~ r~"',\""''''''0..''''\j ~~ ii ~ ~~a~ ~~"'~.,..... ~ ~~ i:'" ~~ ~iBlC~ ,... ~~ 25.0' I ~E3 H;!:X: l::ir'1~ l:::J~'" ~I"'j ;:j~:lI Jl';::S~r>1 ~~~ ~ru i""" ~ ~I... ~ ~,...:ij . Jlj;... '"II ~-:"'l ~ iS~ S~!; jt~~~ ~~~ <:~ ~~ ~ ~~"'C:z. p.., "'C "'C ...1Itlr- i!a .. J:; :.; t: ~ J:; i .v ~ LId J W~::::1 "'C"'< ;Ii S,....:-c _ MEMORANDUM /fill TO: David T. Harden City Manager FROM: Robert A. Barcinski Assistant City Manager DATE: August 29, 2005 SUBJECT: Al!enda Item # <6M - City Commission Meetinl! September 6. 2005 Al!reement for Lobbvinl! Services ACTION City Commission is requested to approve an Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. from October 1, 2005 to September 30, 2006 in the amount of $48,000. Funding is available in account number 001-1111-511-34.90. BACKGROUND Attached is a proposed Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. The amount of the agreement is the same as it has been the last several years. Services provided under this contract include providing the City lobbying assistance and representation with the Governor and Cabinet, local State Legislators, County Commissioners and Federal officials. The lobbyist attends legislative committee meetings, regular legislative sessions, special sessions as needed, and other meetings as required. She also interfaces with the Florida League of Cities assisting the City in coordinating its efforts with the League. In addition, the lobbyist will provide monthly reports when the legislature is not in session and every two weeks during the session. She will assist in developing the City's legislative platform and assist in identifying funding sources for projects. She will also work together with the Aleksander Group, Inc. on City funding and regulatory issues. Ms. Daley has been the City lobbyist for 17 years. In the past, she has been instrumental in obtaining grant funding for Old School Square; and ensuring that Beach Re-nourishment legislation and funding have benefited the City. Ms. Daley has assisted in defeating legislation detrimental to the eRA and helped rewrite state statutes affecting CRA's. She has drafted legislation to expand wastewater reuse options without jeopardizing funding, assisted in obtaining grant funding for the Sandoway House, assisted the City in working with FPL to get turtle lights on A-I-A, and worked with the Municipal League on issues affecting cities. We have found in the past that it is beneficial to have a lobbyist based in Tallahassee, especially when committees and the legislature are in session. RECOMMENDATION Staff recommends approval of the Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. in the amount of $48,000 from October 1, 2005 to September 30, 2006. Funding is available in account number 001-1111-511-34.90. RAB/tas Fi/e:u:sweeney/agenda Doc:daley 05-06 , p . Kathleen E. Dalev .. Associates Governmental Consultants 110 SOUTH MONROE STREET TAu.AHASSEE, FLORIDA 32301 850-518-4499 850-894-0888 Email kdalev20G08aol.com AGREEMENT FOR LOBBYING SERVICES As Government Affairs Consultant/lobbyist for the City of Delray Beach, I, Kathleen Daley, an equal partner of Kathleen Daley & Associates, Inc., a public relations/political consulting/governmental affairs firm, will continue to represent the interest of the City before the Governor and Cabinet, state agencies, and the Florida legislature, which representation would include attendance at all necessary House and Senate committee meetings during each calendar year, necessary delegation meetings, as well as the regular session and any relevant special sessions of the Florida legislature, and continue to monitor all legislation affecting municipalities on behalf of the City of Delray Beach. As Governmental Affairs Consultant/lobbyist for the City of Delray Beach, and managing partner of the account, working in conjunction with the Delray Beach City Council, the Delray Beach City Manager, and other such staff persons within the City Administration as they are related to my duties on behalf of the City. 1 will make myself available to the above mentioned persons and offices on both regular and "as needed" basis for the meetings and discussions related to my duties on behalf of the City. In addition to all previous responsibIlities Kathleen E. Daley & Associates will provide to the Commission, through the City Manager's' office a monthly report during those months when the legislature is not in session. During the legislative session Kathleen E. Daley & Associates will provide a report/update every two weeks. Kathleen E. Daley & Associates will have regular conference calls throughout the session and as needed throughout the year. --- ~ Kathleen E. Daley & Associates will be provided with any documentation regarding the Commission's master plan, long?range plan and overall wish list. Kathleen E. Daley & Associates will review said documents and identify possible funding sources, legislation and any action required to assist in reaching the goals of the Commission. Kathleen E. Daley & Associ~tes, in coordination with the City Manager's office, will attend City Commission workshops/meetings to discuss and create the City's official legislative platform at the Commission's request. In addition, if the Commission can see any reason why Kathleen E. Daley & AssoGiates should attend any other community meetings Kathleen E. Daley & Associates shall be notified accordingly. It is submitted that my services would be initially contracted for a period of one (1) year from October 1, 2005 to October 1, 2006, to be reviewed for renewal by the Commission at the end of said period. Kathleen Daley & Associates, Inc. is willing to undertake the foregoing representation on the following basis: 1. Kathleen Daley & Associates, Inc. will be paid a retainer in the total amount of $48,000 for the contracted period due in twelve (12) equal monthly installments payable by the 30' h of each month beginning in October of 2005. 2. Any additional "special project" work which may be requested at any time by the City Commission of the Office of the City Manager, and which falls outside of my realm of duty as Governmental Affairs Consultant/Lobbyist for the City, will be contracted for separately and on a special project basis. 3. Either the City of Delray Beach or Kathleen Daley & Associates, Inc. may terminate this agreement at any time, pursuant to the following: (iY If terminated by the City of Delray Beach at any time during the contracted period, for other than good cause, Kathleen Daley & Associates, Inc. will retain the total amount of $48,000. (ii) If terminated by the City of Delray~Beach at any time during the contracted . period, for good cause, Kathleen Daley & Associates, Inc. will retain Daley & Associates, Inc. whi~h may subject the City of Delray Beach or Kathleen Daley & Associates, Inc. to negative publicity which would hamper the effectiveness of Kathleen Daley & Associates, Inc. in fulfilling their obligations under this agreement. (iii) If terminated by Kathleen Daley & Associates, Inc. at any time during the contracted period, Kathleen Dal~y & Associates, Inc. will retain a prorated to?date portion of the total amount of $48,000. , 4. This Agreement shall be execl!ted as an original and three counterparts. WITNESSES: ---------------------------------------------- Date ----------------------------------------~----- Date ~:_- ~~0 -- ________ rl1 ()~ ate ATTEST: CIlY OF DELRAY BEACH, FLORIDA , CITY CLERK ----------------------------- ----------------------------- BARBARA GARITO DATE APPROVED AS TO FORM: --------.--------------------------------- CITY ATTORNEY DATE SUSAN A. RUBY ------------------------------------------- MAYOR JEfF PERLMAN DATE AGENDA ITEM NUMBER: ~l\,,\ AGENDA REQUEST Request to be placed on: Date: X Regular Agenda _ Special Agenda _ Workshop Agenda When: October 19,2004 Description of agenda item: CltV Commission IS reauested to approve an Aareement for Lobbvlna Services with Kathleen Daley and Associates. Inc from October 1. 2005 to September 30. 2006 in the amount of $48.000 Fundlna IS available In account number 001-1111-511-3490 ORDINANCE/RESOLUTION REQUIRED: YES NO ../' Draft Attached: YES NO - Recommendation: Approval .ec~/?d~ 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. Qibl- No Funding alternatives: (if applicable) Account Number, 00(- / / 1(- 51 /. 3l/ -- 7'{) Account Description' ~ ~ dU-fy(l (!fuaJ Se/J/Jos Account Balance: gtfg;~gl) /) rD;x>stO< Idr PI oS- /O~ .. .. City Manager Review: A~#3~;tL Approved for agenda@ ~ No Hold Until: Agenda Coordinator Review: tr~~~ / . Received: Action' Approved Disapproved P.O. # - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t?J1 SUBJECT: AGENDA ITEM # CC;N - REGULAR MEETING OF SEPTEMBER 6. 2005 AGREEMENT /BOCA RATON EDUCATIONAL TELEVISION (BRET) DATE: SEPTEMBER 2, 2005 This is before the Commission to approve an agreement between the City and Boca Raton Educational Television (BREl) to provide public service programming on government access cable. The agreement has been reviewed and approved by our Public Information Officer, the City Attorney, and the BRET Board. Recommend approval of the agreement with Boca Raton Educational Television to provide public service programming on government access cable. S'\C,ty Clerk\agenda memos\CM BRET Agmt 090605 CITY OF DELRA Y BEACH PUBLIC INFORMATION OFFICER TO: City Clerk From : Ivan Ladizinsky Subject: Agenda Item for September 6, 2005 Commission Meeting Date: August 31,2005 Attached: The final version of the contractual agreement between Boca Raton Educational Television and the City of Delray Beach on the matter of forming an alliance to provide public service programming on government access cable. This contract has the approval of the Public Information Officer, the City Attorney and the unanimous approval of the board for Boca Raton Educational Television. --- ---- AGREEMENT This Agreement is made this _ day of , 2005 , by and between the City of Delray Beach, Florida, a municipal corporation ("City"), and Boca Raton Educational Television, Inc. ("BRET"), a nonprofit corporation, which agree as follows: RECITALS 1. The City desires to provide support for the use of cable television Access Channels provided pursuant to federal law, which shall be channels which carry programming and services for community purposes in the City of Delray Beach, but which are not available for use by the general public. 2. The City has granted a franchise for cable television systems operated by Adelphia Cable Communications Corp. ("Franchisee") in the City. 3. The current franchise agreements with the Franchisee provide that certain channel capacity will be provided for Access Channels. 4. The City has determined that it will provide support for Community Access. 5. As set forth in BRET's Mission Statement: The mission of BRET is to promote, develop, and deliver appropriate programming and services; and to perform such other related activities as shall be reasonably necessary to promote, manage, produce, operate and distribute community programming on or over the access channels available to City residents who are subscribers to the local cable television system(s). 6. BRET has indicated its interest in providing Community Access programming and services to the City. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. In exchange for good and valuable consideration provided by the City to BRET pursuant to this Agreement, BRET shall provide the following services: A. OPERATE THE COMMUNITY ACCESS CHANNEL. Operate the Community Access Channel in order to administer, coordinate and cablecast programming 1 submitted by such institutions and organizations that BRET accepts for cablecasting; and cablecast programming produced or acquired by BRET. All programming will be non commercial, non political and non religious. B. COMPLIANCE WITH LAWS RULES, AND REGULATIONS. Administer the Community Access Channel and facilities in compliance with: (i) applicable laws, rules and regulations; (ii) this Agreement; (iii) the Resolution; and (iv) the franchise agreement between the City and the Franchisee. C. TRAINING. Train City residents and, when requested, City and school employees and representatives of organizations serving residents in the City of Delray Beach in the techniques of video production, and provide technical advice in the execution of productions. A class fee will be implemented in accordance with BRET's fee schedule. D. PLAYBACK/CABLECAST. Provide for the playback/cablecasting of programs on the Community Access Channel. BRET shall provide programming for playback/cablecasting on the Community Access Channel. The programming provided by BRET shall be different from and in addition to any programming cablecast by the City. E. PROGRAM DEVELOPMENT AND ACQUISITION In exchange for monetary considerations, BRET agrees to~ 1. Activate its signal in the City of Delray Beach. 2. Provide to the City all the programming that is now and will be on Channel 98 from BRET's inventory of programming (BRET not only will produce local programs for this service, but procures programming from national sources such as NASA, Health networks and educational venues that are received by satellite. These are costs that are rolled into our sharing those programs for Delray Beach). 3. Serve the City as its production facility to produce one (1) half-hour program per month with the working title: Delray Beach Diary. This is a magazine format show with three or four topics in the public interest presented each and every month. Each one-half hour produced will be 2 repeated at least six times in a given month. There will be a new show produced each month. 4. Allow the City of Delray Beach access to BRET's public service announcement inventory. The City can provide unlimited public service announcements on Channel 98. 5. Provide access to the City of Delray Beach, to their text messaging system that appears as a horizontal crawl at the lower portion of the screen into which the City will provide local information, news, notices and instant emergency information. 6. Provide additional programmmg outside the scope referred to m subparagraphs E. 1, 2, 3, 4, and 5 subject to BRET's rate card, which is attached as Exhibit "A". 7. Allow any civic, non-profit or educational entity that cares to produce programs for Channel 98 (within the City of Delray Beach) to provide their programming, subject to quality standards. Such entities will bear the expense of the production and/or acquire a sponsor-patron. BRET does not charge for "air time". SECTION 2. INDEMNIFICATION. BRET shall indemnify, defend, and hold harmless the City, its elected officials, officers, agents, employees, and volunteers from and against any and all claims, suits, actions, causes of action, losses, damages, or liabilities of any kind, nature or description, including payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, however caused, directly or indirectly arising or resulting from any alleged acts or omissions of BRET, its officers, employees, agents or subcontractors arising out of or resulting from the performance of this Agreement. BRET shall further indemnify, defend, and hold harmless the City, its elected officials, officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorneys' fees, arising from or in connection with 3 claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract or other injury or damage in law or at equity which claims, directly or indirectly, result from BRET use of channels, funds, equipment, facilities or staff granted under this Agreement or the franchise agreement. SECTION 3. DISTRIBUTION RIGHTS. A. BRET shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the channel use of which is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond distribution on the channel authorized by this Agreement), so long as such other distribution is consistent with any pertinent policies and procedures established in BRET's operating policies and procedures, and shall not restrict the City's use or distribution of programming that the City produces. Programming may be restricted to the Delray Beach viewing area if BRET or the City feels that it is not appropriate for full distribution on BRET B. At least at the beginning and end of each day that video programming is cablecast on the Educational Access Channel which use is authorized by this Agreement, BRET shall display a credit stating: "Support for the operation of this channel is provided by the City of Delray Beach." Such credit shall also state that opinions expressed in cablecast programs are the sole responsibility of BRET or ofthe program producers. SECTION 5. INSURANCE. BRET shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section, to the extent such insurance is commercially available. The cost of such insurance shall be borne by BRET and may be included in BRET's annual budget. A. COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability Insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and 4 comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be: (1) bodily injury including death -- $1,000,000 for each person, each occurrence and aggregate; (2) property damage -- $1,000,000 for each occurrence and aggregate. B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement at replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire or natural catastrophe. C. WORKERS' COMPENSATION. Full Workers' Compensation Insurance and Employer's Liability with limits as required by Florida law D. CABLECASTER'S ERRORS AND OMISSION INSURANCE. Insurance shall be maintained to cover the content of productions which are cablecast on the channel managed by BRET in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress; invasion of privacy; plagiarism; misuse of musical or literary materials. The policy shall not be required to cover individual access programmers. E. CITY AS CO-INSURED OR ADDITIONAL INSURED. The City shall be named as co-insured or additional insured on all aforementioned insurance coverage. All policies shall provide that no cancellation, major change in coverage or expiration may be effected by the insurance company or BRET without first giving the City at least 30 days written notice prior to the effective date of such cancellation or change in coverage. F. NOTIFICATION OF COVERAGE. BRET shall file with the City proof of insurance coverage in a form acceptable to the City Manager. G. LIMITS OF COVERAGE. Notwithstanding any of the above, all insurance coverage required by this Agreement shall at all times be provided at a level and with limits acceptable to the City Manager: At such time as the City Manager determines that higher minimum liability or other insurance coverage is required for other entities providing services to the City that maintain 5 --~----- -----~- insurance in the manner required herein, BRET will provide the higher minimum insurance coverage required by the City. The City Manager will provide BRET with a minimum of 60 days notice prior to the effective date of the increased coverage requirement. SECTION 7. INDEPENDENT CONTRACTOR. It is understood and agreed that BRET IS an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and BRET. If in the performance of this Agreement BRET employs any third persons, such persons shall be entirely and exclusively under the control, direction and supervision of BRET. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by BRET, and the City shall have no right or authority over such persons or terms of employment. SECTION 8. RECORDS. A. BRET shall maintain all necessary books and records, in accordance with generally accepted accounting principles. B. Upon reasonable request from the City, BRET shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement. C. BRET shall comply with the applicable requirements the Florida Public Records Law and make its records available in accordance with such law. SECTION 9. FUNDING AND OTHER RESOURCES. The City agrees to make the following funds and resources available to BRET: A. The Franchisee has dedicated specific channel capacity (spectrum on the cable systems) for Community Access use. The City agrees to permit BRET to manage that channel capacity for Community Access programming purposes. This Agreement provides for the assignment of no more than one channel. B. Funding for Community Access Programming. 1. Effective with the calendar year beginning October 1, 2005, The City shall 6 pay BRET $36,000 annually for the Services provide by BRET. The City shall make quarterly payments to BRET, Those payments shall be made on or before January 15, April 15, July 15 and October 15 of each calendar year. The first quarterly payment under this agreement shall be made upon execution of the Agreement.,. ; provided however the first one-half hour program shall air no later than January 15,2006. 2. The City agrees to consider requests by BRET for additional funding, but shall not be obligated by this Agreement to provide funds beyond those provided in subsection 1 above. C. Other Support by the City. 1. The City shall make available to BRET at least 50% of all advertising and promotion time made available by the Franchisees for the promotion of Access Channels and programming. 2. BRET shall provide to the City information promoting BRET to be included in the City's regular newsletter mailings to its residents in turn BRET will promote the City of Delray Beach indicating that it serves Boca Raton and Delray Beach, providing for a showing of a picture of the City to be shown in its promotion. SECTION 10. FUNDING FROM OTHER SOURCES. BRET may, during the course of this Agreement, receive supplemental funds from other sources, including, but not limited to, fundraising activities. BRET may, in its discretion, grant naming rights for facilities utilized by BRET in exchange for such funding; provided that naming rights shall not be allowed for City of Delray Beach facilities, unless approved by the City and upon terms acceptable to the City. SECTION 11. TERM OF AGREEMENT. A. The initial term of this Agreement shall be for a period of five years commencing on October 1,2005, and ending on September 30, 2010 unless terminated earlier, as provided in this Agreement. B. The term of this agreement may be extended by mutual consent of the 7 ------- parties SECTION 12. TERMINATION OF AGREEMENT A. The City shall have the right upon written notice to BRET, as provided herein, to terminate this Agreement for any of the following reasons: 1. Breach of any material provision of this Agreement by BRET (for purposes of this Agreement, cablecasting by BRET of programming not consistent with its Mission Statement shall constitute a significant breach). 2. Failure to perform any obligation required by this agreement. 3. Loss of tax-exempt status by BRET. 4. For convenience, with or without cause upon the City's delivery of written notice one hundred and twenty (120) days in advance of the effective date of the termination anytime after the second year of this agreement. 8. BRET may avoid termination by curing any such breach to the satisfaction of the City under the following conditions: 1. Cablecasting by BRET of programming not consistent with its Mission Statement, the terms and conditions of this agreement, and BRET's approved policies and procedures shall be deemed a significant breach and major event of default, and the City may terminate this Agreement upon 45 days final notice to BRET, subject to the notice and review procedures provided in Section 12.8.2 of this Agreement. The City may agree to consider a specific programming breach as curable. Such determination that a specific programming breach is considered curable shall be applicable only to that specific breach and shall not bind the City to consider any future programming breaches as curable. 2. The City Manager shall notify BRET, in writing, of any breach of any provision of this Agreement, other than a major event of default as specified in Section 12.8.1. The notice shall specify the alleged 8 breach(es) with reasonable particularity. BRET shall either (i) cure such alleged breach(es) within 45 days after the date of the notice of default (or such longer period as the City Manager, in its reasonable discretion; may set forth in the notice of default); or (ii) in a written response submitted to the City Manager within 45 days after the date of the notice of default, present facts and arguments in refutation or excuse of such alleged failure. If, after BRET makes a response to the City Manager, the City Manager determines that a breach under this Agreement has occurred, BRET shall cure such breach within the balance of the time period specified by the City Manager or as may be agreed upon by the parties as circumstances may warrant. 3. If BRET fails timely to cure the breach, an event of default will be deemed to have occurred. In the event that BRET disagrees with the determination of the City Manager that an event of default has occurred, BRET may petition the City Council for a review of the decision of the City Manager. The decision of the City Council shall be final. 4. Upon an event of default that is not timely cured, the City may: a. terminate this Agreement. b. Accelerate the expiration of the term of the Agreement by decreasing the remaining term, provided that the remaining term of the Agreement as accelerated pursuant to this Section shall not be less than six (6) months; c. Restrain, by injunction, the default or reasonably anticipated ~vent of default by Company of any provision of this Agreement; d. Invoke any other available remedy that would be permitted by law or in equity. 5. The City shall give BRET 45 days notice in writing when it determines to pursue one or more remedies, but nothing herein shall prevent the City from electing more than one remedy, simultaneously, or consecutively, for any default. 9 A. The City may also terminate this Agreement at the expiration of its term, or any extension or renewal thereof. B. The City may also terminate this Agreement in the event that Access Channel Capacity is no longer provided through applicable Franchise Agreements. SECTION 18. TIME. Time is of the essence in this Agreement and for the performance of all obligations under this Agreement. SECTION 19. COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 20. APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws ofthe State of Florida. SECTION 21. REMEDIES. BRET expressly acknowledges and agrees that its only remedy under any circumstances involving a dispute as to the interpretation of this agreement or BRET's performance or non-performance under this agreement is the ( procedure provided in Section 17 of this Agreement, and that the City Council shall be the final arbiter as to the interpretation of this Agreement or performance or non-performance under this Agreement. SECTION 22. NOTICES. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To the City of Delray Beach: City Manager City of Delray Beach 100 NW 1 st Ave Delray Beach, FL 33444 To BRET: Boca Raton Educational Television, Inc. 1515 North Federal Highway Suite 410 Boca Raton, FL 33432 10 Any party may change its address for notice by written notice to the other party at any time. Notices may be also delivered by facsimile or electronic mail. The party providing notice shall be responsible for verifying delivery of the notice in whatever form notice is transmitted. SECTION 23. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement approved by the City Council after a noticed public hearing, and no purported oral amendment to this Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY OF DELRA Y BEACH a municipal corporation By: Attest: Date: Approved as to form: 11 BOCA RATON EDUCATIONAL TELEVISION, INC., a nonprofit corporation By: Title: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,2005, by ,as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She IS personally known to me or has produced (type of identification) as identification. Signature of Notary Public - State of Florida 12 ~ I CITY COMMISSION DOCUMENT A TION TO: DAVID T. HARDEN CITY~ANA~ THRU: PAU ~ING, 01 TOR OF PLANNING AND ZONING FROM: JASON DOBRONZ, ASSISTANT PLANNER~9":n . SUBJECT: MEETING OF SEPTEMBER 6, 2005 **CONSEN~ ACCEPTANCE OF LANDSCAPE MAINTENANCE AGREEMENT ASSOCIATED WITH THE HARBOUR HOUSE TOWNHOMES. I ACTION REQUESTED OF CITY COMMISSION I I The action requested of the City Commission is the acceptance of a Landscape Maintenance Agreement associated with the Harbour House Townhomes project located at the northwest corner of the Intracoastal Waterway and Northeast 151 Street. Ir . -... . . I BACKGROUND I The 0.67 acre property consists of Lots 7-10, Park Court subdivision. At its meeting of November 5,2003, the Site Plan Review and Appearance Board reviewed and approved, a Class V Site Plan for a four (4) unit townhouse project known as Banyan House Townhomes. The project is currently in for a Class I site plan modification to revise the site wall and entrance feature. As part of this modification a hedge is proposed on the outside of the perimeter wall within the NE 151 street right-of-way. As the improvement will be located on public property a Landscape Maintenance Agreement is provided. This Agreement stipulates that the landscape material will be the maintenance responsibility of the applicant and future homeowners association. The City Engineer has reviewed the proposed landscaping within the right-of-way and approved the location. The Landscape Maintenance Agreement has been reviewed and approved by the City Attorney's Office for legal form and sufficiency and are now before the City Commission for approval. [r - .n. . . - . . . RECOMMENDED ACTION ,- Accept the Landscape Maintenance Agreement associated with the Harbour House Townhomes project to accommodate the hedge in the NE 15t Street right-of-way. Attachments: . Landscape Maintenance Agreement . Landscape Plan ~O Prepared by: RETURN: R. Bnan Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this _ day of , 200_ by and ft Cu Home.s , l C between the City of Delray Beach, Florida ("City") and or kf} S/vm ("Owner"). WIT N E SSE T H: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the OVvTIer shall be allowed to install landscaping material in the right-of-way of IV C.t ~~s+rte +- pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any s+ +- other type of abandonment by the City of the public right-of-way of II € 1. 9f~e ; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the O\\;ner has submitted a landscape plan and it has been approved by the City; and, -- - WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and reView process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever 2 reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not lImited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attentIOn of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a wTitten notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of N.{; 15"+- 5 -t-ft"'rf- or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. 3 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the \Vfltten consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this _ day of ,200_. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Mayor Approved as to legal form: City Attorney 4 ~sy~ ~ L f' 11 n I ~ F S; rn I r I) ::PDI-f(fl Li-tS-fvrYl I-k (f\e<;,L-<sr 0 1+ ~(-leT) w~~~ (print or T}pe Name) . (YIan_j'^7 Ml'rnh,y- (Print or Type Name) STATE OF t=?-lD-r \ ~ 0..... COUNTYOF~ro...co (~ The foregoing instrument was acknowledged before me this \ d day of AI !~u"t-, 2005, by '::;,Co# IJM-J..~ ,as ~~~ ':~) (nam of officer or agent, title of officer or agent), of 'l='('>(+e ' -e; 1-. ,c... (name of corporation acknowledgmg), a F)o('J c\D.- (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. ~,C, 'K LA PflJ \0- Name Typed, Printed or Stamped "~~~"" Jennifer R. Cappola /:.o~:"'''(ir___ Com.mission NDD 198730 ~; ~.~;1 Expires: May 10,2007 --';"~ Of f\.0~" Bonded Thru ',.",." 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(4J - I ~ - - - -- ---_' \... ~ I ~- -- --"'1 --r: ~~ - -, _' ~ -, - - - -"-- -- ;.~ ~_r -\~ ~ ~ · ~~ ~ - 1 ,~" ~ ,-~' :--:.':'; ~ -' . -=-=~ I ill {\ '--1$ fi (Mt--- ~~ ~ '" ~,_", \\ -, -- I ~_ ___ ~ I 0 ' \ . ~ ,G..,' ,;;t "~-:"",,f'" ~I. '1l 1"'--_ - ~-- - - -' - l\:.' ~ --./ , '~J 1. I-~? "" l -~ 1 4 tf I -'-- ,"" f";;.\ O. 'lE' ' ') "-- - ,~ "'< - F - J '. \ ). - j -- ~I~ . -~r-. i'- '.1 /rL " _ .~. @)-~3 Q , ,r{~ "-'=~~ le~ \-- ~ ;;?" . ~ - @ ~ · ~ ~ lJ, ~ ~ ~~ l~~@l ~ ~ ~; f . IN7RA lID........ J t - COASTAL WATERWAY I~II!II!IIIIIII!IIII~ IfftlllU..UJlltilhl ~ I JtllUn i II II! II~IIUI!-i - -- ! ! Ij~ f ! ! - II r1lil I I Ii'- "" 3= ii nU..,,~dl ~ Ii H ~~ iH~Ii~~~~ 1 ~ & In;gaIion plan5 Fa<: DESIGNED BY : HARBOUR HOUSE CARTER & ASSOCIATES 62S HE ht 51. 0May _ R LANDSCAPe ARCHlTECT'S. INC. 74NE.. 54h AVE OEl.RAY 8EACtt.. FL 334S3 _.212.8621 ---------- --- - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJUi SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF SEPTEMBER 6. 2005 FLORIDA EAST COAST RAILWAY COMPANY (FEC)/N.E. 1ST STREET / CROSSING REHABILITATION DATE: SEPTEMBER 2, 2005 This is before the Commission to approve a reimbursement to the Florida East Coast Railway Company (FEe) in the estimated amount of $93,808.00 for reconstruction of the N.E. 151 Street crossing per provisions of the 1985 FEC License Agreement. In 1985, the City entered into a License Agreement with the FEC which provides for a public crossing at the FEC right-of-way at N.E. 151 Street. The agreement also obligates the City to reimburse the FEC for any maintenance performed at the N.E. 151 Street crossing. The proposed work is considered routine track maintenance, but the FEC will reconstruct the crossing to accommodate two-way traffic when the conversion of the one-way pairs is completed. The work is proposed to start on September 18, 2005. The FEC has agreed to bill the City the actual cost at the beginning of the new fiscal year. Funding is proposed in the 2005/2006 CIP budget account 334-3162-541-46.90 (General Construction Fund/FEC Crossing Rehab/Other Repair/Maintenance Costs). Recommend approval of a reimbursement to FEC in the estimated amount of $93,808.00 for reconstruction of the N .E. 151 Street crossing per provisions of the 1985 FEC License Agreement. S.\Clty Clerk\agenda cover memos/CM FEC Reimbursement 090605 ----- City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden FROM: Randal L. Krejcarek, PE ;JJ DATE: 26 Aug 2005 SUBJECT: NE 1 st Street FEC Railroad Crossing Proposed Rehabilitation Work Commission Agenda Item Please find an agenda request for Commission approval to reimburse Florida East Coast Railroad (FEC) an estimated amount of $93,808.00 for the reconstruction of the NE 1st Street crossing. This is an estimate and FEC will bill on an actual cost basis. In 1985 the City entered into a License Agreement with FEC. The License Agreement provides for a public crossing of the FEC right-of-way at NE 1 st Street. The agreement also obligates the City to reimburse the FEC for any maintenance performed at this crossing. The proposed work is considered routine track maintenance, but the FEC will reconstruct the crossing to be able to accommodate two-way traffic when the conversion of the one-way pairs is completed. The work is proposed to take place beginning 18 Sep 2005. Even though the work will be completed this fiscal year, the FEC has agreed to not bill the City until after the beginning of the new fiscal year. The amount due FEC will be from the 2005 proposed CIP budget. A map of the crossing location is attached. If this meets with your approval, please place it on the 06 Sep 2005 Commission meeting for Commission approval. enc cc. Richard C. Hasko, PE, Environmental Services Director Carolanne Kucmerowski, Agenda Coordinator FEC File 5: IEngAdmin IFECI2005-09-06 agenda memo. DOC -- j~DD Ul=j~H II ; III i i i I I / N.E. 2ND ST. r--... >- <( 0 5: cr:: -- n w > w 0 > cr:: <( C) w -- --- w z ~ --- ------ D- D- I- <( (j) ----- w U ..-- Z Lu - D- u.... -- - '-.-/ I I- ~ N.E. . 1ST ST. w > - <( \ I 0 I --- ---- ---- ------ Z i --.I N W - ------ --- ----- z w w I I z Z I I I A T L A N T I C A V E N U E II nl I II I \ 111 I I I I I I I I I I i \ I I i I I I 1m " CITY of DELRA Y BEACH N.E. 1ST ST. @ F.E.C. CROSSING DATE 9/05 , ENVIRONMENTAL SERVICES DEPARTMENT Location Map !1>"" 434 SOU11-t 8WNTON AVENUE, DELRAY BEACH. R..OfW)A 33444 1 of 1 ----- - - RlIL ( 8 ~ ec Nt 1$'t"S,'f t C Co S I ~"s-l' III Florida East ~ast R A I L W A Y, L.L.C. August 16, 2005 Files: 316/39/3757, 316/39/5088 DELRA Y BEACH: GRADE CROSSING REHABILITATION N.E.lsT STREET, MILEPOST 316+3,757' -FDOT# 272491B S.E.lsT STREET, MILEPOST 316+5,088' - FDOT# 272869G NOTICE OF INTENT TO WORK Mr. Randal L. Krejcarek City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 Dear Mr. Krejcarek: I have enclosed a cost estimate for the track work portion of the crossing re-configuration that will allow the roadways to be converted to two-way streets. The line item "Signallrnprovement Project Cost" will be filled in and included in the agreement package that you will be receiving in a few days. Both the N.E. 1st Street and S.E. 1st Street crossings are on our 2005 ~de crossing program and have declined to the point of requiring rehabilitation. In order to restore' acceptable levels of surface conditions for both highway and railway traffic, we intend to begin the track work portion of the projects as follows: S.E. 1st Street, September 11,2005, and N.E. 1st Street on September 18,2005. It should be noted this is an estimate only and all charges for which the City is responsible shall be billed on an actual cost basis. The estimate includes amounts for maintenance of traffic and asphalt work however, in the event the City can provide these items more economically than FEC, it is acceptable that the City arrange for this work directly. Please review the enclosed estimate and if acceptable, please acknowledge this letter by providing a letter of authorization against which we may bill for this work. Your prompt attention to this matter would be appreciated. In the interim, our Roadmaster, Mr. Kenny Robinson, will be in contact to coordinate the scheduling of the work. Otherwise, if you have any questions in this matter, please do not hesitate to contact me at (904) 826-2383. Sincerely, ..d~-r- 01. ~ Joseph L. Schonder Manager - Engineering Services Enclosures cc: Mr. G. E. Clegg - Please collect all charges for N.E. 1st Street to AFE 750645 Please collect all charges for S.E. 1st Street to AFE 750646 Mr. A. G. Fowler - (w/o enclosure) As information. Ms. Erica Corrigan - Copy of the estimate attached for your accounting. Ms. Kathy Lowe - AFE 750645, and 750646 One MaIaga Street- P.O. Box 1048 - Sf. Augustine, FL. 32085-1048 ~--- ------ ( ( FLORIDA EAST COAST RAILWAY COMPANY 08115/05 SAINT AUGUSTINE. FLORIDA DURAY BEACH: REMOVE EXIST. 64' TYPE "T" CROSSING AND INSTALL 57' OMNI CONCRETE CROSSING N.E. 1ST STREET, MP 316+3,757'. roOT 1# 172491B FILE: 316139/3757 CROSSING DESCRIPTION PAVING DESCRIPTION Length of Crossing Surface: 57 Tf Width (Ac:ross Road) 57 Ft Number of Tracks: lEa Length (Along Road) 80 Ft Length of Track Panel: 97 Tf Pro.Jccred Lift 3 In AGREEMENT DESCRIPTION GANG DESCRIPTION ResponsIble Party: CIty of Dclray Beach 4 FL Lauderdale SeeUon Agreement Dalc: IS fL Laudcrdale Smoothing Division of Responsibility I Crane Encase Fiber Optic Cable N/A 2 Loader Mamtcnanc:e of Traffic City Crossing Surfate City Track Materials City Track Construction City PaVIng City Overtime N/A COST RECAPITULA nON 10.00"10 Responsible Track & Civil Work Item Y!!m: Eauitmlent Material ~ Continl!Cl\CV Total ~ Enc:asc Fiber Opuc Cable nla nla nla 0.00 0.00 000 N1A MobilizationlMaterial Consolidation 1,751.27 2,265.60 nla nla 483.13 4,500.00 CIty Construtt Track Panel & Place 1.028.1g 1,544.97 5,345.49 nla 881.36 8.800 00 City Maintenance of Traffic:IPolice Protection nla nla nla 8,800 00 900.00 9,700.00 City Remove Crossmg Surface 852.31 2,097.44 nla nla 350 25 3.300 00 City RcmovcIReplace Strutturc 3,21483 7,199.20 nla 0.00 1.085 97 11,500 00 CIty Line & Surface Track 880.32 1.091.28 8.068.32 nla 1,060 08 11.100.00 City Replace Crossing Surface, As Needed 1,518.17 3.73607 17,88366 nla 2,362 II 25.500.00 City Place Asphalt 168.50 54.40 nla 12,825.00 1.352.10 14.400.00 City Site Cleanup 570.79 673.80 nla nla 155.41 1.400 00 City Overtime Charge for Weekend Work nla nla nla nla 000 000 N/A ---- ......__..-...- ......_--- ---- ...-------- -----...-- TOlals: 9.984.38 18.662.75 31,297.46 21.62500 8,630.41 90.200 00 TRACK & CIVIL PROJECT COST: 590,200.00 1.58246 $1Ft ENGINEERING & SUPERVISION: 3,608.00 TOTAL PROJECT COSTS: 593,808.00 TOTAL SIGNAL IMPROVEMENT PROJECT COST: 0.00 COST TO BE BORNE BY CITY OF DELRA Y BEACH: 593.808.00 NOTE: THE ABOVE IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST EXHIBIT "B" ModtI L... 1t."I_ l:'dLOO ---- ~ --- --- ~.J -- ( - : -~--I - . ,.., c.... -.l V'l I' , >~=~ '" , r>"'" ""' n "'" U'l c::: ." ::0 V> ---I~ Cl = CD ""' :z: = :r: Cl ~ :::~~~ ~ L r- J'T'I r- -< V'l Cl Cl :'"' :I> ---I .," r- -., V'l :c::r: ..... r-~~ -- i O:;:;":I>G') G') G') 1:::"",02 :c::r: ~ ~ ,.. '" '" " I -~ ~ > > '" , ..,<.1' -<-< ! ~O'> rrl \ " I - 2 i I'~~~ 0> I'" rrl 1;:::0 -i 1>< ~ ::0 ~ 1_ 2 :x> Z ,~G') < Cl t ,... fTl -i-' I - n r ~. ' : = ~ - ' ,_' 0 ~ '" , s ~ ~ ~,-^---.., ~ :x>.c. Vol n -<' ~ ~.- ::: C1'l(J'l .., - s --- .c. ~ 3:3: = ... :x>- ~ XL' ~ . " - '" S t ... ;:;, -E ~ (J'I I: i~ i ~ -, - , - ' '" , ~ r ~ ' I ~ - I . ~_ Z 0 ' I - ~~ Q - ~ I ~ ~ ro- ~ ~ r I , l~' I - - ' ~ ,~' I ! 1 ~, . I ~~~fficn ro-4''''47'' I ~i~"":::::" q -0 '" !!l ~ WI ~;j~-< ~ i ~~sm i .m-~ i , I .' g: :gr-'4" 1 i ~ · 0 . I I ~~ ~ I . f - ' ~... ...' ~. -.... ,... - ~o 0 ~ - '2 ~~ r ' I a 00 - ~ ~ ~:; ~ :;:: O~ ~ - ~'" - 3::X> I ~ ~z ~ 0 ~ro ~ . ~ ~ ~ ~ ---...-----. -------- ..-- - - --..-- Date: 25 Aug 2005 AGENDA ITEM NUMBER: ~ AGENDA REQUEST Request to be placed on: -X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 06 Sep 2005 Description of Agenda Item (who, what, where, how much): Request for Commission approval to reimburse Florida East Coast Railroad (FEC) an estimated amount of $93,808.00 for the reconstruction of the NE 1st Street crossing. In 1985 the City entered into a License Agreement with FEC. The License Agreement provides for a public crossing of the FEC right-of-way at NE 1st Street. The agreement also obligates the City to reimburse the FEC for any maintenance performed at this crossing. FEC provided an estimate and will bill on an actual cost basis. Staff Recommendation: ~~~ Department Head Signature: ?j~1 0$ City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items inv1ing expenditure of fund~: C - 9" I ctPfJV/)i1M 1M, ~ f t,1 i~ . Funding Available: ~s / 0 Initials: JJ;L In proposed 2005-2006 CIP {OI1lfH~ Account Number 334-3162-541-46.90 Description FEC Crossing Rehab loJI~ Rl. PeL;-, H tl f;'lf . ('(3..s1 s I Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: f!) / No Initials: f'1 Hold Until: Agenda Coordinator Review: Received: s: \EngAdmin \FEC\2005-1 0-06 agenda.doc MEMORANDUM TO: MAYOR AND CITI COMMISSIONERS FROM: CITI MANAGER t~1 SUBJECT: AGENDA ITEM # )S~ . REGULAR MEETING OF SEPTEMBER 6. 2005 GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (jAG) DATE: SEPTEMBER 2, 2005 This is before the Commission to approve and accept the Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $61,592.00 and accept the award documentation, program narrative, and budget narrative. The grant will provide funding in the amount of $16,592.00 to the Police Department's Volunteer Program and $45,000.00 to Holiday Task Force Overtune. Recommend approval and acceptance of the Edward Byrne Memorial Justice Assistance Grant (JAG) award ill the amount of $61,592.00 and accept the award documentation, program narrative, and budget narrative. S'\C,ty Clerk\agenda cover memos\Grants/Byme justlce Grant Award 090605 DELRAY BEACH < c ~ =, ^ Delray Beach Police Department ..... Ail-America City 300 West Atlantic Avenue, Delray Beach, Flonda 33444-3695 , IIII,~ (561) 243-7888 Fax (561) 243-7816 1993 Joseph L. Schroeder 2001 Chief of Police MEMORANDUM TO: David Harden City Manager FROM: Tina Lunsfo~ Administrative Officer DATE: August 31st, 2005 SUBJECT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) We have received notification from the Criminal Justice Commission that the Police Department has been awarded the above grant in the amount of $61,592.00. Attached you will find the Agenda Request for approval to accept the award, award documentation, program narrative and budget narrative for the grant. Should you require further information, please contact me at ext. 7852. TLL/rmh Attachment cc: Joseph L. Schroeder, Chief of Police Mary Ann Young, Accountant II Carolanne Kucmerowski Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence . DeplU'tmeDt of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Woslungton, D.C. 10531 August 29. 2005 Mr. David Harden City ofDeIray Beach 300 West Atlantic Avenue Delray Beach, FL 33444 Dear Mr. Harden: On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 2005 Edward Byrne Memorial Justice Assistance Grant Program in the amount of$61,592 for City ofDelray Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Naydine A. Fulton-Jones, Program Manager at (202) 514-6661; and . Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (BOO) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look fOlward to working with you. Sincerely, tO/~ Domingo S. Herraiz Director, Bureau of Justice Assistance Enclosures . Department of Justice Office of Justice Programs Office for Civil Rights Waahingtoll, D.C. 2053/ August 29, 2005 Mr. David Harden City ofDeIray Beach 300 West Atlantic Avenue Delray Beach. FL 33444 Dear Mr. Harden: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. In addition to these general prohibitions, your organization, which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. ~ 3789d(c), must meet two additional requirements:(l) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.FR ~ 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. ~~ 42.205(5) or 31.202(5)). ComplyiDg with the EEOP Requirement In accordance with Federal regulations, and Assurance No.6 in the Standard Assurances, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excludmg political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have submit the EEOP to OCR for review. Instead, your organization has to mainlain the EEOP on file and make it available for review on request In addition, your organization has to complete Section B of the enclosed Certification Form and return it to OCR. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement However, your organization must complete Section A of the enclosed Certification Form and return it to OCR. SIIbIllltdq FIndings ofDlserlmlDatloD In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. ProvldlDg Servtees to Limited English Proficiency (LEP) IDdlviduals In accordance with recent Department of Justice Guidance pertaining to Title vn of the Civil Rights Act of 1964, 42 U.S.C. t 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website www.1ep.gov. ED.arhag tile CompUance of SubredpJents If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. Enforcing CivO Rights Laws AU recipients of Federal financial assistance, regardless of the particular ftmding source, the amOWlt of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Easw1ng Equal Treatment for Faith-Based OrgaDlzatlODS The Department of Justice has published a regulation specificaUy pertaining to the funding of faith-based organizations. In general, the regulation, 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using direct financial assistance from the Department of Justice to ftmd inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compeUed to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. --~ State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended. contain prohibitions against discrimination on the basis of religion in employment These employment provisions have been specifically incorporated into 28 C.F.R. Part 38.l(t) and 38.2(t). Consequently, in many circumstances, it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on OCR's website at hUp://www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient ofFedera1 funding, please call OCR at (202) 307-0690 or visit our website at hUp://www.ojp.usdoj.gov/ocr/. Sincerely, ~;.~ Michael L. Alston Director 00: Grant Manager Financial Analyst I) Department of Justice Office of Justice Programs PAGE I OF 4 Bureau of Justice Assistance Grant 1. RECIPIENT NAME AND ADDRESS (bM:1udmg Zip Cede) 4. AWARD NUMBER; 2OOS-DJ..BX-I067 City ofDelmy lIe8d1 300 West AtIanIic Avenue S. PROJECTPBRIOD: FROM 1010112004 10 0913012008 DeIray Bc8ch, FL 33444 BUDGET PERIOD: FROM 1010112004 10 0913012008 6.AWARDDATE 0812912005 7. ACTION IA. GRANTEE IRSIVBNDOR NO. 8. SUPPLEMENT NUMBER Initial S~IS 00 9 PlU!VlOUSAWARDAMOUNT $0 3. PROJECT nnE 10. AMOUNT OF nus AWARD $ 61,592 Projcc:t I: Holiday Task Fon:eProjec:l2: Voluoteer Programs II. TOTAL AWARD $61,592 I 12. SPECIAL CONDmONS I TIlE ABOVE GRANT PROJECf IS APPROVED SUBJECf TO SUCH CONDmONS OR LIMITATIONS AS ARE SET FORTII I ON TIlE ATTACHED PAGE(S). I 13. STATUTORY AlJI1fORITY FOR GRANT This projcc:t is llUJlPO<Ied UIIder Public Law 108-447; 118 Slat. 2862 (Coosolidaled Appropriations Act, FY 2005) IS. ME11IOD OP PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Domingo S Hemuz David Harden I Director, Bureau of Justice Ass1slllDce City Mamager 17. SIGNA TURB OF APPROVING OFFICIAL 19 SIGNA lURE OF AlJI1fORlZED RECIPIENT OFFICIAL 19A. DATE {)./i-u AGENCY USE ONLY '" Aem""""" "'-""""CAnON coms I n. """""'" , FISCAL FUND BUD. ON. t YEAR CODE ACf. OFC. REG. SUB. POMS AMOUNT , X B OJ 80 00 00 61592 I OJP FORM 400012 (REV. 5-87) PREVIOUS EOmONS ARE OBSOLETE OJP FORM 400012 (REV. 4-88) . Department of Justice Office of Justice Programs A WARD CONTINUATION Bureau of Justice SHEET PAGE 2 OF 4 Assistance Grant I I PROJECT NUMBER 200S-DJ-BX-I067 AWARD DATE 0812912005 SPECIAL CONDmONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for 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. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, m support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval ofOJP. s. Grantee agrees to comply with the requirements of28 C.F.R Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent 6. Recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail Recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. 7. To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant Grantee shall publish and make available without restriction all schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.itojp.gov/gjxdm. i i OJP FORM 400012 (REV. 4-88) <I Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice SHEET PAGE 3 OF 4 Assistance Grant I PROJECT NUMBER. 2005-DJ-BX-I067 AWARD DATE 0812912005 SPECIAL CONDIDONS 8. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEP A) and other related federal environmental impact ana1yses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee 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 grantee, a subgrantee, 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: a. New constJUction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a lOO-year flood plain; c. A renovation,lease, or any proposed use of a building or facility that will either (a) result in a change in its basic I prior use or (b) significantly change its size; and, d. 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 education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 9. This special condition facilitates compliance with the provisions of the National Environmental Policy Act (NEPA) relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter, "meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition. I The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assistance, the Drug Enforcement i Administration, and the Office for Community Oriented Policing Services, prepared a Program-level Environmental Assessment (Assessment) governing meth lab operations. The Assessment describes the adverse environmental, health, and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the grantee for any OJP funded methlab operations: A. The grantee shall ensure compliance by OJP funded sub-grantees with federal. state, and local environmental, health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, equipment, and wastes resulting from those operations. B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure that the adverse environmental, health, and safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition. C. The grantee shall monitor OJP funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures must be included as special conditions in all subgrants: (See Part n of this special condition) OJP FORM 400012 (REV. 4-88) - - --- I) Department of Justice Office of Justice Programs A WARD CONTINUATION Bureau of Justice SHEET PAGE 4 OF 4 Assistance Grant PROJECT NUMBER 200S-DJ-BX-I067 AWARD DATE 08l291200s SPECIAL CONDIDONS 10. I. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; 4. Assign property trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized laboratory; I 6. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at 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 a written agreement with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental condition at and around the site ofa closed clandestine laboratory and (ii) coordinate with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined necessmy by the state environmental agency and in accordance with existing state and federal requirements; and 9. Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessmy as a result of methamphetamine toxicity. 11. The recipient shall submit to BJA one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any written. visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 2005-DJ-BX-I067 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United State Department of Justice." The current edition of the OJP Financial Guide provides guidance on allowable printing activities. 12. The recipient is required to establish a tnJst fund account (The trust fund may or may not be an interest-bearing account) The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the tnJst fund (including any interest earned) during the period of the grant Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 120 days after the end of the grant period, along with the final submission of the FInancial Status Report (SF-269). 13. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. I OJP FORM 4000/2 (REV. 4-88) I) Department of Justke Office of Justice Programs Bureau of Justice Assistance Washington. D.C. 10531 Memorandum To: Official Grant File From: Steve Antkowiak, NEP A Coordinator Subject: Incorporates NEP A Compliance in Further Developmental Stages for City of Delray Beach All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) will carry the following NEP A special condition: 1) The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee 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 grantee, a subgrantee, 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: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a lOO-year flood plain; c. 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. d.lmplementation 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 education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. . Depm1ment of Juatic:e GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant I PROJECT NUMBER PAGE I OF I 2OOS-OJ-BX-I067 This project is supported W1der Public Law 108-447; 118 SlIIl 2862 (Cousolidated Appropriations Act. FY 2OOS) I. STAFF CONTAer (Name &; lelepbone 1IIIDlber) I 2. PROJEer DlREerOR (Name. address &; leIephone number) Naydine A. Fulton-Jones Tma Lunsford (202) Sl4-6661 Administrative Officer 300 W Atlantic Av Delray Beach, FL 33444-369S (S61) 243-78S2 3L TITLE OF TIlE PROGRAM I 3b. POMS CODE (SEE INSTRUCTIONS Edward Byrne Justice Assistance Grant Program ON REVERSE) I 4. TITLE OF PROJECT Project I: Holiday Task: ForceProject 2: VollJlllea' Prognuns S. NAME &; ADDRESS OF GRANTEE 6. NAME &; ADRESS OF SUBGRANTEE City ofDeJray Beach 300 West AtWrtic Avenue DeJray Beach, FL 33444 7. PROGRAM PERIOD 8. BUDGET PEIUOD FROM: 10101/2004 TO: 09130/2008 FROM: 10101/2004 TO: 0913012008 9. AMOUNT OF AWARD 10. DATE OF AWARD S 61,592 O8I29/200S II. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERlOD 14. THIRD YEAR'S BUDGET AMOUNT IS. SUMMARY DESCRIPTION OF PROJECT (See mstruction on reverse) The Edward Byrne Memorial Justice Assislllnce Grant Program (JAG) allows states, tribes, and local governments to support a broad range of activilies to prevent and control crime based on their own local needs and condil1ons. Grant funds can be used for slate and JocaI imtiallves, technical assislance, trammg, personnel, equipment, supplies, contractual support, and information systems for criminal jusllce for anyone or more of the following purpose areas: I) law enforcement programs; 2) prosecutIon and court programs, 3) prevenbon and education programs; 4) correctioos and commumty corrections programs; S) drug treatment programs; and 6) planning, evaluation, and technology improvement programs. OJP FORM 400012 (REV. 4-88) The City ofDcIray intcnda to utilize its JAG f\mding on Vohmtccr Programs and Holiday Task Fon:e. The task force 88IUratcs all shopping centers in the DcIray Beacb area with bigh visibility patrols providmg bigh profile visibility of our officers during eacb holiday SC8SOn NCAlNCF Justice Assistance Grant (JAG) I Local Law Enforcement Block Grant (LLEBG) 05 Delray Beach Police Department Program Narrative Program 1: Holiday Task Force The task force has been operational from Thanksgiving to the New Year, each year, for the past seven years. The task force saturates all shopping centers in the Delray Beach area with high visibility patrols providing high profile visibility of our officers during each holiday season. This past holiday season the Police Department dedicated one thousand nine hundred and three (1,903) hours and spent $91,552.87 toward this program using LLEBG03 and LLEBG04 funds. As a result, there have been minimal incidents per year in strong arm robberies, thefts, or other serious crime incidents as compared to the surrounding cities. Without this program our Part One Crimes would increase during the holiday season. Program 2: Volunteer Programs The De1ray Beach Police Department has embraced the philosophy of a police citizen alliance to prevent and fight crime. Our goal is to improve the quality of life in our neighborhoods by reducing crime and the fear of crime. The Citizens On Patrol (COP) volunteer program is an integral part of this philosophy. These volunteers are the "eyes I and ears" of the Police Department. These volunteers provide high visibility patrols in the community, which acts as a deterrent to crime. In addition, the Homefront Security Volunteer Program supplements our law enforcement efforts in our community. The main focus of the Homefront Security Volunteer Program is to patrol designated areas in the City considered to be more sensitive than others merely by being governmental facilities. This program is designed to deter terrorist activity and offers a police presence on a regular basis. Volunteers are trained to inform the police department of any situation that seems out of the ordinary at anyone of these areas such as unusual packages and suspicious activity. The public's safety and diligence to prevent terrorist activity are the main concerns of the patrol. The costs associated with the volunteer programs that are funded through this grant include uniforms, equipment, supplies, and awards. Justice Assistance Grant (JAG) / Local Law Enforcement Block Grant (LLEBG) 05 De1ray Beach Police Department Budget Narrative October 1,2005 - September 30, 2009 Program 1: Holiday Task Force Overtime.. . . . . . . .. . . . .. .. . .. . .. . .. . . .. .. . .. ... . . .. . .. .. . 41,802.15 FICA............. .................... .................... 3,197.85 Total Expenses:........ . .. .. . . ... . . . . . . . . . . .. . . . . .. ... $45,000.00 These funds will pay for officer overtime to reduce and deter robberies during the holiday season from November 25, 2005 through December 27,2005. Program 2: Volunteer Programs Office/Clerical Supplies...... ....... ................. ... 5,500.00 Uniforms/Equipmentl A wards/Special Events........ 11,092.00 Total Expenses:...................................... ...$16,592.00 These funds will provide uniforms and equipment for the volunteers to make the Police I Department more visible in the community. The additional funds will used for operating costs associated with the programs such as the purchase of office/clerical supplies, awards, and supplies for other special events for the volunteers. Date: AU2USt 31. 2005 AGENDA ITEM NUMBER: xQ AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: Se,ptember 6. 200S Description of agenda item (who, what, where, how much): The Police Department has received written notification of a grant award from the Edward Byrne Justice Assistance Grant Program in the amount of $61,592.00. The grant will help fund our Volunteer Programs ($16,592.00) and Holiday Task Force Overtime ($45,000.00). Department Head ~~ Signature: l/If\.o-. City Attomey Review/Recommendation applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @/ No Initials:~ I Hold Until: Agenda Coordinator Review: Received: ~ MEMORANDUM TO: David Harden, City Manager FROM: Lula Butler, Community Improvement Director tb THRU: Kendra W. Graham, Community Development Administrator ~ DATE: September 1, 2005 SUBJECT: Approval of Resolution #66-05 Adopting the State Housing Initiatives Partnership (SHIP) amended Local Housing Assistance Plan for Fiscal Years 2004/2005, 2005/2006, and 2006/2007 ITEM BEFORE THE COMMISSION City Commission authorization and approval of the City's State Housing Initiatives Partnership (SHIP) Program, amended Local Housing Assistance Plan for Fiscal Years 2004-2007 by adopting Resolution #66-05 pursuant to Title 67-37 of the Florida Administrative Code. BACKGROUND For the past twelve (12) years the Community Improvement Department has received funds under the State Housing Initiatives Partnership (SHIP) Program. SHIP funds are generated from a portion of documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund for the development and maintenance of affordable housing. The State requires a Local Housing Assistance Plan (LHAP) outlining how the City plans to administer the SHIP funds once they are received. On February 23, 1993, under Ordinance #2-93, the City Commission established a Local Housing Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee to comply with various sections of Title 67 of the Administrative Code of Florida. Community Development Division staff has administered the program and under the approved Plans have assisted Delray Beach residents with homeownership and housing rehabilitation opportunities. The current Plan (2004-2007) was adopted by Resolution #31-04 on April 13, 2004. Staff reviewed the proposed changes with members of the T.E.D. Center, Delray Beach CDC and CRA and is recommending that the 2004-2007 Local Housing Assistance Plan be amended as follows: 1) Increase the purchase price limit for new construction and existing homes; 2) Revise the recapture policy and extend the term of forgiveness for both the First Time Homebuyer's Program and the Owner-Occupied Rehabilitation Program; and 3) Increase the maximum subsidy amounts for all income levels. RECOMMENDATION Staff recommends approval of the amended Local Housing Assistance Plan for Fiscal Years 200412005,200512006 and 200612007 by adoption of Resolution #66-05. ~~ - , .. RESOLUTION NO. 66-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORlDA, ADOPTING THE AMENDED LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS A IT ACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOW ABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORlZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORlZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROV AL. WHEREAS, the State of Florida, under specific authority established by the William E. Sadowski Act in July 1992, established the State Housing Initiatives Partnership (SHIP) Program which requires the City to develop a one to three year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the Act also requires the adoption of a resolution providing for (1) the maximum and average cost per unit available for eligible housing units; (2) a maximum and average of funds awarded under each strategy; (3) implementation of the strategies and incentives under the plan; (4) establishment of ten percent (10%) of total allocation and five percent (5%) of program income to be spent on administrative cost of the SHIP program; and WHEREAS, Resolution No. 31-04 adopting the City of Delray Beach's 2004- 2007 LHAP was approved by City Commission on April 13, 2004 and Florida Administrative Code SHIP rules require the adoption of a resolution to amend an approved Local Housing Assistance Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORlDA, AS FOLLOWS: Section 1. That Resolution 31-04 is hereby amended by adopting this resolution and an amended Local Housing Assistance Plan. Section 2. That the maximum cost per unit for eligible housing assistance awards pursuant to the SHIP program may not exceed ninety percent (90%) of the median area purchase price for newly constructed units and existing units as established by U. S. Treasury Revenue Proclamation 2005-15. Section 3. That the maximum award be will be limited to $55,000 for very low, $51,000 for low and $41,000 for moderate-income households for purchase assistance; $35,000 maximum award for very low, low, and moderate income households for owner-occupied - " rehabilitation; $40,000 maximum purchase of a vacant, buildable lot of record, as defined in the City's Land Development Regulations; and $8,000 maximum award for disaster relief assistance, specific to the conditions, strategies and eligibility determination under the guidelines of the SHIP Program and this Plan. Section 4. That the City of Delray Beach finds that five percent (5%) of the Local housing distribution is insufficient to adequately administer the SHIP Program. Therefore, the administrative funding shall increase, but shall not exceed ten percent (10%) as allowed by Title 67 of the Florida Administrative Code, and to include the allowable five percent (5%) of Program Income for additional administrative funding under the SHIP Program. Section 5. The Local Housing Assistance Plan, as amended, remains in full force and effect and the Local Housing Assistance Plan previously adopted prior to Resolution 31-04 remai~s unchanged, unless expressly modified by this resolution. Section 6. That the City of Delray Beach is authorized to submit the amended Local Housing Assistance Plan to the State Housing Finance Corporation for its review and approvaL Section 7. That the Mayor is authorized to execute any document and certifications required as a part of the Local Housing Assistance Plan on behalf of the City of Delray Beach. Section 8. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 6th day of September, 2005. MAYOR ATIEST: City Clerk Res. No. 66-05 Proposed Changes to the City of Delray Beach's Local Housing Assistance Plan Change Justification Increase purchase price limit for new Current price limit for new construction is construction and existing homes from $156,000 $156,000 and $142,000 for existing. A recent and $142,000 respectively to one price limit of MLS search of 3 bdrm./2bath properties with $280,000 for both new and existing housing. living square footage between 1,100 and 1,600 sq. ft. and a maximum purchase price of $156,000 produced 0 results. According to the U. S. Treasury Revenue Proclamation 2005-15, the median purchase price of homes in our MSA is $331,579 but we must remember that even if we offer a $55,000 subsidy, a 4 person household at 50% of our median income limit could afford no more than a $200,000 home (assuming a 5.75% interest rate and $350 monthly debt) Revise the recapture policy as follows: First-time Homebuyer's Program With our proposed subsidies being higher and 1) Extending term of forgiveness from 7 the State's allocation possibly decreasing if the years for deferred loan amounts less Housing Trust Fund is eliminated, we would not than $17,500, to 15 years for awards be able to assist as many families. Therefore, less than $30,000; and from 15 years we need revenue to fund the program in for deferred loan awards over $17,500, addition to what the State provides. Also, the to 30 years for awards over $30,000. extended terms will increase the probability of Owner-Occupied Rehabilitation assisted housing units remaining affordable 2) Extending term of forgiveness from 5 over a longer period of time and thereby years for deferred loan amounts less expanding the City's affordable housing stock. than $15,00, to 10 years for awards less than $20,000; and from 10 years for deferred loan awards over $20,000, to 15 years for awards over $20,000. Increase maximum subsidy amounts: In the past, providing assistance to the very low- First-time Homebuyer's Program and low-income households has been a priority. Current Proposed However, with the escalating cost of housing o - 50% $35,000 $55,000 and land in Delray Beach, it has become 51-65% $31,000 $51,000 evident that homeowership for the moderate- 65-80% $26,000 $46,000 income household is also needed. Using 81-100% $21,000 $41,000 mortgage calculator spreadsheets and assuming 5.75% interest, $350 monthly debt, Owner-Occupied Rehabilitation and 2% from the borrower, these subsidy Current Proposed amounts will barely be sufficient to assist those $25,000 $35,000 at the very low range of the income limits adjusted for family size. . . CITY OF DELRAY BEACH DELRAY BEACH F L 0 R I D A ***** All-America City ~ , @ 1993 2001 SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2004/2005, 2005/2006 AND 2006/2007 U:ArehlvelSHIPILHAPS 2003-04 LHAP Forms dtd 9_031LHAP Template 9_2003 #3dr_TB -1 - TABLE OF CONTENTS I. Program Description (Chapter 67-37005 F A C. and SeeMn 420 9072, F S ) 3 - 7 II. LHAP Housing Strategies (Chapter 67-37 005(5), F A.C 7 -13 III. LHAP INCENTIVE STRATEGIES (SeetlOn4209071(16),FS) 13 - 16 IV. EXHIBITS 17 A. Administrative Budget B. Timeline C- Housing Delivery Goals Charts (HDGC) D. Certification to Florida Housing Finance Corporation E. Resolution F. Program Information Sheet U:ArchivelSHIP/LHAPS 2003-04 LHAP Forms dtd 9 _03/LHAP Template 9_2003 #3dr _ TB -2- I. PROGRAM DESCRIPTION Chapter 67-37 005 F.A.C. and Section 420.9072, F S. A. Name of the participating local government and Interlocal if Applicable: Section 410. 90 71(5),F.S. City of Delray Beach Interlocal : Yes No X Name of participating local government(s) in the Interlocal Agreement; N/A B. Purpose of the program: SeCl10n 420.9072, F.S. and Chapter 67-37.005(3), F.A.C. Creation of the Plan is for the purpose of meeting the housing needs of the very- low, low-, and moderate-income households, to expand production of and preserve affordable housing, to further the housing element of the City of Delray Beach's comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67-37.001,F.A.C. ~- 2004/2005 X 2005/2006 - - X 2006/2007 ~- D. Governance: Chapter 67-37 005(3)and(5)(i)F.A C and Se~tion 410.9071(I4)F.S. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program furthers the housing element objective of providing increased housing opportunities for low-income persons. E. Local Housing Partnership Section 420.9071(I)(a), FS SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. The City of Delray Beach's Community Improvement Department has formed a partnership agreement with the Delray Beach Community Redevelopment Agency, the Community Financing Consortium, Inc., the Delray Beach Housing Authority, the Center for Technology, Enterprise, & Development, the Delray Beach Community Development Corporation and local contractors. This partnership entitled "Delray Beach Renaissance Program" was developed to implement a comprehensive horne-building and community revitalization program. Resources from each participant are leveraged to minimize the duplication of services, streamline the approval process and to reduce the cost of housing to very-low, low-, and moderate-income homebuyers. . U:ArchiveJSHlPILHAPS 2003-04 LHAP Forms dtd 9_ 03/LHAP Template 9_2003 #3dr_ TB -3- F. Leveraging: Chapter 67-37.007(l)(b)(c), FA C. and Ssection 420. 90 75(1)(a) and (l)(b3, and (1)(c), F S The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partner- ship and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. The use of SHIP funds along with CDBG funds, General Revenue contributions awarded by the City, leverages with private sector financing and technical support provide the basis for increasing the supply of affordable housing for Delray Beach residents. Emphasis remains on combining neighbor- hood improvements with the provision of homeownership opportunities for the very low and low income households. G. Public Input: Chapter 67-37.005(3), F.A.C. Public input was solicited through face to face meetings with housing providers, local neighborhood associations, and through meetings of the City's local housing Partnership (Delray Beach Renaissance Program). Also, the City conducts an annual Community Needs Assessment Meeting whereby the public is invited to attend and provide input on how program funds should be allocated. H. Advertising and Outreach Chapter 67-37 005(6)(a), FA C. The City advertises the notice of funding availability in a local newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. In addition to advertising in the newspaper, the City publicizes the SHIP program on the City's web site, and through established homeowner association newsletters, churches located in the CDBG target area and other organized methods that may be available. SHIP staff participate in local homebuyer fairs and workshops. I. Discrimination: Section 4209075(3)( c), F.S In accordance with the provisions of ss. 760.20-760.3 7, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. In implementing its SHIP program, the City of Delray Beach is mindful of affirmatively furthering fair housing. The City utilizes CDBG funds to further fair housing out- reach and education activities, as called for in the Consolidated Plan. All SHIP applicants are required to attend home buyer education seminars that include a segment on fair housing. . U:ArchivelSHIPILHAPS 2003-04 LHAP Forms dtd 9_031LHAP Template 9_2003 #3dr_TB -4- J. Support Services and Counseling: Chapter 67-37.005(5)(g).F A C Support services are available from various sources. The City works with the members of the Delray Beach Housing Renaissance Partnership, local lenders and Palm Beach County Consumer Credit Counseling to provide pre and post homeownership counseling. All prospective homebuyers receive education about credit, predatory lending, fair housing, pre-purchase home inspections, and post- purchase education on topics such as budgeting, home maintenance, and energy conservation. K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% ofthe average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower than but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used by the City of Delray Beach is: _ Bond Study Numbers provided by Florida Housing Finance Corporation _ Independent Study (copy attached) ~_ U.S. Treasury Department The purchase price limit for new construction and existing homes will be $280,000. This amount is less than the $331,579 maximum for new home construction and existing home purchases allowed by the U. S. Treasury Department (Revenue Proclamation 2005-15) because they are based on the amount that a low income household can actually afford with a SHIP subsidy. The purchase price limit will be revised as needed in response to changes in the local real estate market, mortgage interest rates, etc. Any such revisions will be subject to City Commission and State approval. L. Income Limits, Rent Limits and Affordability: Chapter 67-37.005(5)(e). F.A.C .and Section 420.9071(2), F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not U:ArcbivelSHlP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_20031#3dr_TB -5- exceed those rental limits adjusted for bedroom size. The City of Delray Beach has established a maximum limit of 35% of gross monthly income on the housing expenses of SHIP assisted buyers. M. Wages to Work: Chapter 67-37 005(6)(b)(7)F.A.C Should an eligible sponsor be used, the City has developed a qualification system and selection criteria for applications for awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employ personnel from the WAGES and Workforce Development Initiatives programs will be given preference in the selection process. The City works in partnership with the local Chamber of Commerce to ensure that these requirements are met. N. Monitoring and First Right of Refusal: SectlOn 420. 90 75(3)(e)and (4) (f). F S. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: Chapter 67-37.005(6)(f)3, F.A.C. A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The City of Delray Beach finds that the monies deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5% of the local housing distribution monies and program income deposited into the trust fund. A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5% of the local housing distribution plus 5% of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10% of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. U:ArcbivelSHlPILHAPS 2003-04 LHAP Forms dtd 9_ 03ILHAP Template 9_2003 1#3dr _ TB -6- The City of Delray Beach has adopted the above findings in the attached resolution, Exhibit E. The Community Development Division of the Community Improvement Department shall be responsible for administration of the Local Housing Assistance Plan (LHAP). Administrative functions include program design, applicant processing and selection, preparing necessary paperwork to issue payments for program activities, tracking expenditures to ensure that statutory set-asides will be met, maintaining necessary records, preparing required reports, and all other duties pertaining to implementation of the LHAP. II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C Provide Description: A. Name of the Strategy: Purchase Assistance a. Summary of the Strategy: This strategy assists eligible first-time home- buyers with a 0% interest, deferred payment loan to be applied towards - down payment, rehabilitation costs (if applicable), closing costs and principal reductions for the construction of new and/or purchase of existing single family homes, townhouses and villas. New construction properties must be constructed by approved contractors/developers participating in the City of Delray Beach Housing Renaissance Partnership. b. Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and 2006/2007. c. Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U.S. Department of Housing and Urban Development (RUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award level varies by income category as shown below: Number of Persons in Household 1 2 3 4 or more 44,500 88,000 51,500 55,000 41,500 44,500 47,500 51,000 38,500 41,000 43,500 46,000 34,500 36,500 38,500 41,000 U:ArcbivelSffiP/LHAPS 2003-04 LHAP Forms dtd 9_ 03ILHAP Template 9_2003 #3dr _ TB -7- The maximum award is limited to $55,000; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the mmimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. e. Terms, Recapture and Default: Assistance will be provided to eligible households in the form of a fifteen (15) year, 0% interest, forgivable deferred loan for amounts greater than $5,000 but less than $30,000. For amounts equal to or greater than $30,000, assistance will be provided in the form of a thirty (30) year, 0% interest, forgivable deferred loan. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. All loan awards will be secured with a second mortgage / promissory note and will be forgiven on a pro-rated basis specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: . sale of unit or transfer of title . the assisted homeowner fails to continuously occupy the home . the unit is rented . unit is refinanced without prior authorization of the City. Such repaid funds will be utilized in accordance with the approved Local housing Assistance Plan in effect at the time the funds are recaptured. Ifno "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. f Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: . Must be first-time homebuyer(s), which is defined as one of the following: . someone who has not owned a home during the past three years . a single parent who has been divorced and displaced within the 12 month period prior to time of application, and whose household includes children under the age of 18 . a displaced victim of domestic abuse . a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13) U:ArcbivelSHIPILHAPS 2003-04 LHAP Forms dtd 9_ 03ILHAP Template 9_2003 1#3dr _ TB -8- . Must have a bank account . Applicant must have an accepted contract for a home and have applied for a first mortgage wIth a lender . The applicant must have attended and completed an approved home buyer education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Community Development Division g. Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: . designated 501(c)(3) non-profit organization under IRS guidelines; . legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; . has de~~mstrated track record and production experience in the construction and delivery of affordable housing; . posess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very-low, low- and moderate-income households; . preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: New units constructed must be located in the CDBG designated target area. Existing homes must be located within the City's municipal boundaries. Applicants owing money to other assisted housing programs (such as Section 8 and public housing) are ineligible for SHIP assistance until they make restitution. B. Name of the Strategy: Owner-Occupied Housing Rehabilitation a. Summary of the Strategy: This strategy provides 0% interest, deferred payment loans to assist very-low, low- and moderate-income households (below 80% of Area Median Income adjusted for family size) to rehabilitate existing owner-occupied single family units. Rehabilitation of units will address interior and exterior buildinglelectricaVplumbing problems, health and safety issues, as well as, retrofit of items for those with special needs, upgrade major systems, and soft costs. It is assumed that no private lender monies will be involved in these rehabilitation activities. b. Fiscal Years Covered: State fiscal years 2004/2005, 200512006 and 2006/2007. c. Income Categories to be served: Very-low, low- and moderate-income households as defined by the U.S. Department of Housing and Urban U:ArcbiveJSHIPILHAPS 2003-04 LHAP Forms dtd 9_ 03ILHAP Template 9_2003 1#3dr _ TB -9- . Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award for this strategy is $35,000. However, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to make the necessary repairs and bring the house up to the City's minimum code requirements. e. Terms, Recapture and Default: Assistance greater than $5,000 but less than $20,000 will be provided to eligible households in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over ten (10) years. Loan awards equal to or greater than $20,000 will be provided in the form of . a 0% interest, deferred payment loan secured by a promissory note forgivable over fifteen (15) years. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. Pro-ration of loan award will occur at a rate speCIfic to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration ofthe note. Qualifying event( s) are considered to be: . sale of unit or transfer of title (except for major healthcare expenses or by inheritance) . the assisted homeowner fails to continuously occupy the home . the unit is rented . unit is refinanced without prior authorization ofthe City Such repaid funds will be utilized in accordance with the approved Local housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: . Applicant may not currently own or have assets exceeding $15,000 (monetary gifts and real estate are included in the asset calculation; retirement accounts are not) . Must be owner/occupant . Mortgage payments and taxes must be current / paid up to date . Must provide proof of current homeowners insurance . Must have a bank account U:ArcbivelSHIP/LHAPS 2003--04 LHAP Forms dtd 9_ 03/LHAP Template 9_2003 #3dr _ TB -10 - , g. Sponsor Selection Criteria: N/ A. No sponsors are utilized for the Owner-Occupied Rehabilitation program. h. Additional Information: The home must be located in the City's municipal boundaries; the appraised value of the home may not exceed the maximum sales price allowed in the SHIP program for existing units; and the homeowner must agree to maintain the home free of any code violations after rehabilitation work is completed. C. Name of the Strategy: Land Acquisition a. Summary of the Strategy: This strategy will provide funds to acquire properties for future development by non-profit, public agencies or for profit developers. Properties will be acquired through deed and tax sales, the foreclosure of government liens and through private purchases. Properties will be donated and/or sold, competitively to non-profit agencies that will use the Delray Beach Renaissance Program for the development of the property. Properties sold competitively to for profit developers must be utilized for the development of affordable housing. Construction, rehabilitation, or emergency repairs must be completed either with one year immediately proceeding the date of conveyance of title or within 24 months of the close of the applicable State fiscal year. If property is sold to a for-profit developer, applications will be accepted and awarded competitively using criteria including, but not limited to The following: . Financial strength of the agency . Ability of developer to complete the development by the deadlines established by the State . Capacity of the developer . Features of the proposed house(s) . Marketing plan for the sale of the house( s) . Whether or not the agency employs personnel from the WAGES or Workforce Development program . Whether the proposed housing is compatible with the neighborhood in terms of design and size . Affordability ofhouse(s) being built b. Fiscal Years Covered: State fiscal years 200412005, 200512006 and 2006/2007. U:ArcbivelSHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2oo31#3dr_TB -11- c. Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award is noted on the Housing Delivery Goals Charts: The maximum purchase price for a "buildable lot of record" as defined in the City's Land Development Regulations will be $40,000. The maximum purchase price for aggregate lots or large tracts of lands shall be determined by the appraised value at time of purchase. Terms, Recapture and Default: The loan for the value of the land will be at 0% interest. The loan will be recaptured when the property is .sold. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the same selection criteria for recipient's under Strategy A: Purchase Assistance. g. Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: . designated 501 (c )(3) non-profit organization under IRS guidelines; . legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; . has demonstrated track record and production experience in the construction and delivery of affordable housing; . preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: D. Name of the Strategy: Disaster Relief a. Summary ofthe Strategy: In the event of a natural disaster (as declared by local, state, or federal government), SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Generally, such needs may include: purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repairs to avoid further damage, tree and debris removal required to make individual housing units habitable, and post disaster assistance with non-insured repairs. b. Fiscal Years Covered: State fiscal years 2004/2005, 200512006 and 2006/2007. U:ArcbivelSHlP/LHAPS 2003-04 LHAP Forms dtd 9_ 03/LHAP Template 9_2003 1#3dr _ TB -12 - c. Income Categories to be served: Very-low, low- and moderate-income households as defined by the u.s. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use III the SHIP Program. d. Maximum award as noted on the Housing Delivery Goals Charts: The maximum award for this strategy is $8,000 per unit. e. Terms, Recapture and Default: Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used for disaster assistance. In the event that the City receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first-served basis, pending fund availability. Residence must be located within the municipal boundaries of Delray Beach. g. Sponsor Selection Criteria: N/ A. Additional Information: This strategy will be implemented only in the event of a natural disaster declaration using any SHIP funds that have not been encumbered. III. LHAP INCENTIVE STRATEGIES Section 420.9071(16). F.S. A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Provide Description The City has in place a "One Stop Shop" permitting process for a co- ordinated review and approval of aU developmental applications submitted through the Building Division. The system features a fully automated application tracking software package that provides the opportunity to readily identify delays in review time from various departments within within the permit process. Applications submitted for affordable housing projects will receive a label marking it as such and prioritized for review. Applications received are processed by designated persons under the approved expedited permitting process developed for this program. B. Name of the Strategy: Ongoing Review Process U:ArcbivelSHIPILHAPS 2003-04 LHAP Forms dtd 9_031LHAP Template 9_2003 #3dr_TB -13 - An ongoing process which provides for a review and consideration of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to its adoption. a. Established policy and procedures: Provide Description The Planning and Zoning Department reviews all proposed new City policies or changes to the LDR's to determine effects, if any, on the cost of housing. If it is determined that there is an impact, an analysis is prepared by appropriate department staff and submitted to City Commission for review prior to its approval. C. Name of the Strategy: Impact Fees Requirements An on-going process to allow for the payment of Impact fees associat~.d with new construction of affordable housing units. a. Established policy and procedures: Provide Description The City has been unsuccessful in petitioning the County to waive impact fees associated with new construction of affordable housing units. The County does provide an impact fee credit for units built on a lot, which had a previous residential unit on the site. The Community Development staff provides the research on properties to identify these credits wherever possible. When no credit is applicable, the City may use SHIP funds to pay the impact fees. D. Name of the Strategy: Waiver of Building Permit Fees An ongoing process for reducing the cost of building or rehabilitating affordable housing. a. Established policy and procedures: Provide Description The City has adopted a policy for the waiver of building, paving, irrigation and plan review fees for affordable housing units. This has generated a savings to the homeowner estimated at $1,200 in permit fees per unit. E. Name of the Strategy: Allowance of Increased Density Levels An ongoing process to review zoning regulations for the purpose of allowing increased density to encourage development of affordable housing unit. a. Established policy and procedures: Provide Description The Housing Element ofthe City's Comprehensive Plan provide for increases to density when it can be demonstrated that such increases will lead to an affordable unit, provided that other policies of the Comprehensive Plan are met. The Land Development Regulations U:ArcbivelSHlPILHAPS 2003-04 LHAP Forms dtd 9_031LHAP Template 9_20031#3dr_TB -14 - allow for increased densities in planned unit development on a case- by-case basis. This does not apply to in-fill housing and the lack of large vacant parcels makes this incentive limited in its effect. F. Name of the Strategy: Reservation of Infrastructure Capacity An ongoing process to provide for infrastructure improvements in deteriorating neighborhoods a. Established policy and procedures: Provide Description Infrastructure facilities currently exist throughout the entire City. However, where there are visible signs of deterioration, Comprehensive Plan policy provides for prioritization in scheduling necessary improvements. As each year's infrastructure improvement schedule is prepared, priority is given to neighborhoods with concentrations of infrastructure deficiencies. G. Name of the Strategy: Reduction of Parking and Set Back Requirements An ongoing process to encourage development of affordable units by allowing for reduced parking and set back requirements a. Established policy and procedures: Provide Description Current regulations require two parking spaces per dwelling unit beyond required front yard set back in Single Family Zoning Districts. as an incentive to affordable housing, one of the required parking spaces may be located within the side set back within one foot of the property line, provided the impervious area used for parking is sloped to drain on the lot being developed. This incentive will provide a cost reduction of approximately $800 per unit. The allowance of side set back parking improves the appearance and traffic flow by reducing haphazard street parking.. H. Name of the Strategy: Preparation of a printed inventory of locally owned public lands suitable for affordable housing An ongoing process to identify land suitable for development of affordable housing a. Established policy and procedures: Provide Description The Planning Department has compiled a complete list of City owned lands of 3 acres or more along with available single family lots. The Community Redevelopment Agency maintains a list of vacant parcels, which they own or have under contract suitable for in-fill residential construction. These lists are made available to the public, private developers and non-profit agencies. Name of the Strategy: Reduction of Landscape Requirements U:ArcbivelSHIP/LHAPS 2003-04 LHAP Forms dtd 9 _03/LHAP Template 9_2003 l#3dr_ TB -15 - An ongoing process to encourage the development of affordable units by allowing for a reduction of the City's landscape requirements a. Established policy and procedures: Provide Description The current requirements at Section 4.6.16(H) for Single Family Housing is that 20% of all pervious lot area be planted in shrubs and ground cover and the remaining 80% of the area be planted in turf. In support of projects participating in the City's Affordable Housing Programs the requirements of the landscape code are reduced to allow for only 10% of the pervious single family lot area be planted in shrubs and ground cover and that they be installed in the front and side setbacks. It is estimated that $1,200 will be reduced from the cost of producing one unit. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumberance and Expenditure: Chapter 67-37.005(6)(d) and (f) F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005), F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67-37.005(7), FA.C Signed Certification is attached as Exhibit D. E. Adopting Resolution: SectlOn 420.9072(2)(b)2, F.S Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: Section 420.9072(3J(a). F.S. If changed from the original ordinance, a copy is attached as Exhibit G. H. Interlocal Agreement: Section 420.9072, F.S. A copy of the Interlocal Agreement if applicable is attached as Exhibit H. U:ArcbivelSHIP/LHAPS 2003-04 LHAP Forms dtd 9_ 03/LHAP Template 9_2003 #3dr _ TB -16 - ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Fiscal Year 2004/2005 Salaries and Benefits $ 43,125.00 Audit/Accounting Fees $ 990.00 Operating Expenses for SHIP $ 2,315.00 Coordinator (Le., travel & training, phone, memberships, etc. Advertising $ 426.00 $ 46,856.00 Fiscal Year 2005/2006 Salaries and Benefits $ 44,420.00 Audit/Accounting Fees $ 990.00 Operating Expenses for SHIP $ 2,500.00 Coordinator (Le., travel & training, phone, memberships, etc. Advertising $ 426.00 $ 48,336.00 Fiscal Year 2006/2007 Salaries and Benefits $ 45,750.00 Audit/Accountin Fees $ 990.00 Operating Expenses for SHIP $ 2,500.00 Coordinator (Le., travel & training, phone, memberships, etc. Advertising $ 426.00 $ 49,666.00 Administrative expenses in excess of the maximum ten percent (10%) of SHIP allocation will be supplemented by City general funds or other grant dollars. 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I .., OQ .f;;A-i ~ ;;: C ~ ~ ~ ~ Oil' 0 g 0 s ' I c.. 0 0 :s 0 :J, 'I .J_ 3 0 0 0 I ' -' i .." ,.. ~ 8 ~ ~ ~ 3 {,/') V') < !. :::! ~ ~ ~ ~ ~tA~ ...~~.. o W'1 ~ ""g-l .1::0. w......""g-l o..a. ii" > ~ t;...~ ~~ ...~ .:-n..C::~~C ~ $ a. co W'1 t.., = - 0 0 0 = - =. 2 b ~ g; g;~~~~~~~ 8~~~~~~gg~ :g o ...... 0 0000000 000000000 if o ;::€ 0 0000000 000000000 3- T- - .. .. ~ ~ i>4 ~ ~ c;t ~ '-, w ~ ~ > ~ ~ ~ cocooooooof-~E:' ......oooooo.......w~S'rn i 6 ~ ~ g8~gg8ggga;:- ~g8g8gg~~c:;- ~ U1 0 ?ft cf2ct-?J?c.e~cE?f2.?f2.:S! ?f2.ae'#-?ft~?f!.?fi.aE?ft ~ I : >< c:-1 c-l i ia is,'''M'' ur ~ :7 e!.. ,- - I. W 000000 WOOOOOOI.C.I::o. Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: City of Delrav Beach (I) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. 1 October 2003 Exhibit D Page 2 Certification (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 F AC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida _has or _ has not been implemented. Witness Chief Elected Official or designee Jeff Perlman. Mayor Witness Type Name and Title Date OR Attest: (Seal) 2 October 2003 Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: City of Delray Beach CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc ): Jeff Perlman, Mayor ADDRESS: 100 NW 1st Avenue Delray Beach, FL 33444 SHIP ADMINISTRATOR: Ferline Mesidort, Community Development Specialist ADDRESS: 100 NW 1st Avenue Delray Beach. FL 33444 TELEPHONE: ( 561) 243-7236 FAX:(56l) 243- 7221 EMAIL ADDRESS: mesidort@ci.delray-beach.fl.us ADDITIONAL SHIP CONTACTS: Kendra Graham, Community Development Administrator ADDRESS: 100 NW 1 st Avenue Delray Beach, FL 33444 EMAIL ADDRESS: graham(Q),ci. delray -beach. fl. us INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter-local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000308 MAIL DISBURSEMENT TO: ADDRESS: OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: D NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 ------ --- Agenda Item No.: '6 f-. AGENDA REQUEST Request to be placed on: Date: September 1, 2005 _ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda When: September 6, 2005 Description of item: Authorization and approval of the amended Local Housing Assistance Plan (LHAP) under the Renaissance Program for years 2004-2007. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends acceptance and approval of the amended LHAP Department Head Signature: ~ (~'" -- -- t/ / / City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: @/NO f7'1 Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: C?~ W1 MEMORANDUM TO: David Harden, City Manager FROM: Lula Butler, Community Improvement Director lh THRU: Kendra W. Graham, Community Development Administrator ~ DATE: September 1,2005 SUBJECT: Approval of Resolution #67-05 Adopting the State Housing Initiatives Partnership (SHIP) Hurricane Housing Assistance Plan for Fiscal Years 2005/2006, 200612007, and 200712008 ITEM BEFORE THE COMMISSION City Commission authorization and approval of the City's State Housing Initiatives Partnership (SHIP) Program, Hurricane Housing ASSIstance Plan for Fiscal Years 2005-2008 by adopting Resolution #67-05 pursuant to Title 67-37 of the Florida Administrative Code. BACKGROUND Florida experienced the destructive impact of four hurricanes in 2004. The hurricanes created both short- term and long-term housing needs for Floridians. To implement the February 2005 recommendations of the Governor's Hurricane Housing Work Group, the Hurricane Housing Recovery program (HHR) was created for the purpose of providing funds to assist those areas of the state with the greatest housing damage from the hurricane. The Florida Legislature appropriated one-time hurricane housing recovery funds which are available through the State Housing Initiatives Partnership (SHIP) program administered by the Florida Housing Finance Corporation (FHFC). To receive HHR program funding, an eligible county or eligible municipality must submit its Hurricane Housing Assistance Plan to and receive approval from the FHFC. The FHFC has urged all affected county governments to work with eligible municipalities in their area to apply for these funds. Community Development staff has worked closely with the Palm Beach County Housing and Community Development Department to ensure that the City of Delray Beach receives a fair share of the HHR funds. Of the $6,401,838 base allocations set aside for Palm Beach County, the City will receive $1,000,000. In addition, staff has collaborated with the Community Redevelopment Agency and the Delray Beach Housing Authority to develop strategies and to leverage dollars and resources to identify projects that will best serve the housing needs of the very low-, low- and moderate-income households in the City of Delray Beach. RECOMMENDATION Staff recommends approval of the Hurricane Housing Assistance Plan for Fiscal Years 2005/2006, 2006/2007 and 2007/2008 by adoption of Resolution #67-05. ~S RESOLUTION NO. 67-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE HURRICANE HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROV AL. WHEREAS, the State of Florida, to implement the February 2005 recommendations of the Governor's Hurricane Housing Work Group, has created the Hurricane Housing Recovery (HHR) program and appropriated one-time hurricane housing recovery funds to provide funds to assist those areas of the state with the greatest housing damage from the hurricanes suffered by the State of Florida during 2004; and WHEREAS, this funding has been made available to eligible entities through the State Housing Initiatives Partnership (SHIP) Program for households with incomes up to 120 percent of the Area Median Income; and WHEREAS, an eligible county or eligible municipality must submit its Hurricane Housing Assistance Plan to and receive approval from the Florida Housing Finance Corporation; and WHEREAS, the effective period of the hurricane housing assistance plan is three years plus a one year extension may be granted upon approval by the Board of Directors of the Florida Housing Finance Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach, Florida, hereby approves the City of Delray Beach's 2005-2008 Hurricane Housing Assistance Plan as prepared for submission to the Florida Housing Finance Corporation. Section 2. That the City of Delray Beach is authorized to submit the Hurricane Housing Assistance Plan to the Florida Housing Finance Corporation for its review and approvaL Section 3. That the Mayor is authorized to execute any document and certifications required as a part of the Hurricane Housing Assistance Plan on behalf of the City of Delray Beach. Section 4. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 6th day of September, 2005. MAYOR ATTEST: City Clerk Res. No. 67-05 . CITY OF DELRA Y BEACH HURRICANE HOUSING RECOVERY (HHR) HOUSING ASSISTANCE PLAN Fiscal Years Covered 2005/2006, 2006/2007 and 2007/2008 I. PROGRAM DESCRIPTION A. Name of County: Palm Beach County Base Allocation Request: $1,000,000 Ext~emely Low Income Request: Community Planning Request: Name of participating local govemment(s) or other agencies in the Community Planning Strategy II. HHRP HOUSING STRATEGIES NOTE: Strate1!ies which are alreadv bein1! used under the SHIP pr01!ram as well as new strate1!ies should be listed in this section. Provide Description: A. Name of the Strategy: Purchase Assistance a. Summary of the Strategy: This strategy assists eligible first-time homebuyers with a 0% interest, deferred payment loan to be applied towards down payment, rehabilitation costs (if applicable), closing costs and principal reductions for the construction of new and/or purchase of existing single family homes, townhouses and villas. New Construction properties must be constructed by approved contractors/developers participating in the City of Delray Beach Housing Renaissance Partnership b. Fiscal Years Covered: State fiscal years 200512006, 2006/2007 and 2007/2008. c. Income Categories to be served: Very-low, low-, and moderate-income -2- households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award level varies by income category as shown below: Income Number of Persons in Household Category 1 2 3 4 or more 0- 50% (Very Low) 44,500 48,000 51,500 55,000 51 - 65% (Low) 41,500 44,500 47,500 51,000 65% - 80% (Low) 38,500 41,000 43,500 46,000 81% - 100% (Moderate) 34,500 36,500 38,500 41,000 The maximum award is limited to $55,000; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. e. Terms. Recapture and Default: Assistance will be provided to eligible households in the form of a fifteen (15) year, 0% interest, forgivable deferred loan for amounts greater than $5,000 but less than $30,000. For amounts equal to or greater than $30,000, assistance will be provided in the form of a thirty (30) year, 0% interest, forgivable deferred loan. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture proVISIOns. All loan awards will be secured with a second mortgage / promissory note and will be forgiven on a pro-rated basis specific to the duration -3- of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to the expiration of the note. Qualifying event(s) are considered to be: . sale of unit or transfer of title . the assisted homeowner fails to continuously occupy the home . the unit is rented . unit is refinanced without prior authorization of the City Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: . Must be first-time homebuyer(s), which is defined as one of the following: . someone who has not owned a home during the past three years . a single parent who has been divorced and displaced within the 12 months prior to time of application, and whose household includes children under the age of 18 . a displaced victim of domestic abuse . a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13) . must have a bank account . applicant must have an accepted contract for a home and have applied for a first mortgage with a lender . the applicant must have attended and completed an approved home buyer -4- education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Community Development Division g. Sponsor Selection Criteria, if applicable: Eligible sponsors must meet the following selection criteria: . designated 501 (c )(3) non-profit organization under IRS guidelines; . legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; . has demonstrated track record and production experience in the construction and delivery of affordable housing: . possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very-low, low-, and moderate-income households; . preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: New units constructed must be located in the CDBG designated target area. Existing homes must be located within the City's municipal boundaries. Applicants owing money to other assisted housing programs (such as Section 8 and public housing) are ineligible for SHIP assistance until they make restitution. B. Name of the Strategy: Owner-Occupied Housing Rehabilitation a. Summary ofthe Strategy: This strategy provides 0% interest, deferred payment loans to assist very-low, low-, and moderate-income households to rehabilitate existing owner-occupied single family units. Rehabilitation ofunits will address interior and exterior building/electrical/plumbing problems, health and safety issues, as well as, retrofit of items for those with special needs, upgrade major systems, and soft costs. It is assumed that no private lender monies will be involved in these rehabilitation activities. b. Fiscal Years Covered: State fiscal years 2005/2006, 2006/2007 and 2007/2008 -5- c. Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $35,000. However, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to make the necessary repairs and bring the house up to the City's minimum code requirements. e. Terms. Recapture and Default: Assistance greater than $5,000 but less than $20,000 will be provided to eligible households in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over ten (10) years. Loan awards equal to or greater than $20,000 will be provided in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over fifteen (15) years. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. Pro-ration ofloan award will occur at a rate specific to the duration ofthe note. Repayment ofthe full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event( s) are considered to be: . sale of unit or transfer of title (except for major healthcare expenses or by inheritance) . the assisted homeowner fails to continuously occupy the home . the unit is rented . unit is refinanced without prior authorization of the City Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration ofthe note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first -6- mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: . Applicant may not currently own or have assets exceeding $15,000 (monetary gifts and real estate are included in the asset calculation; retirement accounts are not) . Must be owner/occupant . Mortgage payments and taxes must be current / paid up to date . Must provide proof of current homeowners insurance . Must have a bank account g. Sponsor Selection Criteria, if applicable: N/ A. No sponsors are utilized for the Owner-Occupied Rehabilitation program. h. Additional Information: The home must be located in the City's municipal boundaries; the appraised value of the home may not exceed the maximum sales price allowed in the SHIP program for existing units; and the homeowner must agree to maintain the home free of any code violations after rehabilitation work is completed. C. Name of the Strategy: Land Acquisition a. Summary ofthe Strategy: This strategy will provide funds to acquire properties for future development by non-profit, public agencies or for-profit developers. Properties will be acquired through deed and tax sales, the foreclosure of government liens and through private purchases. Properties will be donated and/or sold, competitively to non-profit agencies that will use the Delray Beach Renaissance Program for the development of the property. Properties sold competitively to for-profit developers must be utilized for the development of affordable housing. Construction, rehabilitation, or emergency repairs must be completed either with-in one year immediately proceeding the date of -7- conveyance oftitle or within 24 months of the close of the applicable State fiscal year. If property is sold to a for-profit developer, applications will be accepted and awarded competitively using criteria including, but not limited to the following: . Financial strength of the agency . Ability of developer to complete the development by the deadlines established by the State . Capacity of the developer . Features of the proposed house(s) . Marketing plan for the sale of the house(s) . Whether or not the agency employs personnel from the WAGES or Workforce Development Initiatives program . Whether the proposed housing is compatible with the neighborhood in terms of design and size . Affordability ofhouse(s) being built b. Fiscal Years Covered: State fiscal years 2005/2006, 2006/2007 and 2007/2008. c. Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum purchase price for a "buildable lot of record" as defined in the City's Land Development Regulations will be $40,000. The maximum purchase price for aggregate lots or large tracts of lands shall be determined by the appraised value at time of purchase. e. Terms. Recapture and Default: The loan for the value ofthe land will be at 0% interest. The loan will be recaptured when the property is sold. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the same selection criteria for recipients under -8- Strategy A: Purchase Assistance. g. Sponsor Selection Criteria, if applicable: Eligible sponsors must meet the following selection criteria: . designated 501 (c )(3) non-profit organization under IRS guidelines; . legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; . has demonstrated track record and production experiences in the construction and delivery of affordable housing; . preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: D. Name of the Strategy: Disaster Relief a. Summary ofthe Strategy: In the event of a natural disaster (as declared by local, state, or federal government), SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Generally, such needs may include: payment of insurance deductibles for rehabilitation of homes covered under homeowners insurance policies, purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repairs to avoid further damage, tree and debris removal required to make individual housing units habitable, and post disaster assistance with non-insured repairs. b. Fiscal Years Covered: State fiscal years 2005/2006, 200612007 and 2007/2008. c. Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $8,000 per unit. -9- e. Terms, Recapture and Default: Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used for disaster assistance. In the event that the City receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first-served basis, pending fund availability. Residence must be located within the municipal boundaries of Delray Beach. g. Sponsor Selection Criteria, if applicable: N/ A h. Additional Information: This strategy will be implemented only in the event of a natural disaster declaration using any SHIP funds that have not been encumbered. E. Name of the Strategy: Senior Rental Housing Development Program a. Summary of the Strategy: This strategy is designed to provide financial assistance to eligible sponsor organizations with a 0% interest, deferred payment loan for the production of affordable, senior, rental housing in the City's established CDBG target area for very low- and low-income elderly persons and households. SHIP funds may be used for acquisition, construction, rehabilitation, and professional fees, including, but not limited to: engineering fees, architectural fees, and surveying fees. SHIP funds may not be used to pay rental subsidies. b. Fiscal Years Covered: State fiscal year 2005/2006 and 2006/2007. c. Income Categories to be served: Eligible sponsors will be contractually required to make units available to persons certified to be very low- and low-income. Sponsor(s) will be required (at a minimum) to allocate 30% of SHIP funds for very-low income seniors and an additional 30% of SHIP funds to low-income -10 - seniors and provide such certification as required by program guidelines. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award provided under this strategy for senior housing will be limited to Thirty-eight Thousand Five Hundred Seventy Dollars ($38,570) per unit. e. Terms, Recapture and Default: All rental housing must be rented at affordable rates (i.e. rents will not exceed those limits adjusted for number of bedrooms published by HUD and distributed by the Florida Housing Finance Corporation) to qualified occupants for a period of 15 years. Assistance will be provided as a deferred payment loans with zero (0%) interest subject to the fifteen-year affordability period and will be forgiven at the expiration of that term. If the property is transferred before the fifteen-year affordability period, the sponsor agency must return the funds to the City for deposit in the Local Housing Assistance Trust Funds, in accordance with SHIP program guidelines established under 420.9075(5) Florida Statutes. All SHIP assisted rental properties offered for sale prior to 15 years or the term of assistance, whichever is longer, must be subject to a right of first refusal for purchase to another eligible non-profit sponsor organization who would provide continued occupancy by eligible persons. An annual report oftenants and income certification is required for the 15 year period. f. Recipient Selection Criteria: Participation in assisted senior housing will be provided on a first come, first served basis to applicants who are demonstrated to be income eligible. Applicants who have met the initial financial assessment, are 60 years or age or older, and are income eligible will be housed as units become available. g. Sponsor Selection Criteria, if applicable: Applications from developers/applicants will be awarded competitively using criteria including, but not limited to, the following: . designated 501(c)(3) non-profit organization under IRS guidelines; -11- . legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; . has demonstrated track record and production experience in the construction and delivery of affordable housing; . possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very low- and low-income households; . preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: The SHIP funds may leverage other Federal, State, and/or local housing programs. F. Name of the Strategy: SHIP Homeownership Development Program a. Summary of the Strategy: This strategy is designed to promote and create affordable homeownership opportunities for very low-, low- and moderate- income families and individuals by providing a grant to eligible sponsor organizations based on the economic feasibility and affordability ofthe housing project(s) to be assisted with SHIP funds. SHIP program funds maybe used by eligible sponsor organizations or the City for any development activity including acquisition, demolition, and construction costs associated with the development of affordable housing units in the City's established CDBG target area. b. Fiscal Years Covered: State fiscal year 200512006, 200612007 and 2007/2008. c. Income Categories to be served: Very-low, low-, and moderate-income households or individuals as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. -12 - d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award provided under this strategy will be limited to Fifty-one Thousand Dollars ($51,000) per unit. e. Terms, Recapture and Default: Financial assistance made to the eligible sponsor organization will be provided in the form of a 0% interest, deferred payment loan secured with a second mortgage/promissory note which will be satisfied upon completion of the construction 'phase and all housing units have been marketed and occupied by eligible homebuyers. All units assisted with SHIP funds will be secured with a second mortgage / promissory note and will be forgiven on a pro-rated basis based on the same criteria as described in the Purchase Assistance Strategy as previously outlined in this Plan. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to the expiration of the note. Qualifying event(s) are considered to be: . sale of unit or transfer of title . the assisted homeowner fails to continuously occupy the home . the unit is rented . unit is refinanced without prior authorization of the City Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following criteria: . must have a bank account . applicant must have an accepted contract for a home and have applied for a first mortgage with a lender -13 - . the applicant must have attended and completed an approved home buyer education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Community Development Division. g. Sponsor Selection Criteria, if applicable: Applications from developers/applicants will be awarded competitively using criteria including, but not limited to, the following: . designated 501(c)(3) non-profit organization under IRS guidelines; . legally operating within the jurisdiction ofthe City of Delray Beach and/or Palm Beach County; . has demonstrated track record and production experience in the construction and delivery of affordable housing: . possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very-low, low-, and moderate-income households; . preference will be given to sponsors that employee personnel from W AGES and Workforce Development Initiatives programs. h. Additional Information: The SHIP funds may leverage other Federal, State, and/or local housing programs. F. Name of the Strategy: Owner-Occupied Housing Hurricane Shutter Purchase a. Summary of the Strategy: This strategy is designed to provide financial assistance to very-low and low-income elderly homeowners for the purchase and installation of hurricane shutters to reduce or eliminate the exposure of people's lives or property to harm from a natural disaster. It is assumed that no private lender monies will be involved in this strategy. b. Fiscal Years Covered: State fiscal years 2005/2006,2006/2007 and 2007/2008. -14 - c. Income Categories to be served: Very low-, and low-income elderly households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $5,000. However, the maximum is not automatically provided on an individual basis; rather, the grant amount awarded will be the minimum amount necessary to purchase and install hurricane shutters as approved by the City's building code. e. Terms, Recapture and Default: Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used for owner-occupied housing hurricane shutter purchase assistance. In the event that the City receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. f. Recipient Selection Criteria: Applicants will be certified as very-low or low- income to be deemed eligible and will be served on a first-come, first-served basis. g. Sponsor Selection Criteria, if applicable: N/ A h. Additional Information: SHIP funds for this strategy will be leveraged with III. Extremely Low Income Strategy: Nt A a. Summary of the Strategy: b. Fiscal Years Covered: c. Maximum award as noted on the Hurricane Housing Goals Chart: d. Terms, Recapture and Default: e. Recipient Selection Criteria: f. Sponsor Selection Criteria, if applicable: g. Additional Information: -15 - IV. Community Planning Strategy: N/ A a. Summary of the Strategy: b. Fiscal Years Covered: c. Maximum award as noted on the Hurricane Housing Goals Chart: d. Terms, Recapture and Default: e. Recipient Selection Criteria: f. Sponsor Selection Criteria, if applicable: g. Additional.Information: V. Administrative Budget: a. Provide a brief administrative summary of expenses: No HHR funds win be allocated for administrative expenses. b. Up to 15% of the allocation may be used for administrative expenses relating to direct program administration. Provide information below: Fiscal Year Salaries and Benefits Office Su lies and E ment Travel Worksho Advertisin Other AuditlAccountin VI. Explain any issues outstanding for compliance or non-compliance with the State Housing Initiatives Partnership (SHIP) Program: VII. EXHIBITS: A Timelioe for Encumbrance and Expenditure B Hurricane Housing Goals Chart (HHGC) For Each Fiscal Year Covered - 16- C. Certification Page D. Program Information Sheet E. Community Planning Documentation: Letters, resolutions detailing the community planning agreement, or interlocal agreement F. Adopting Resolution - original signed, dated, witnessed or attested adopting resolution -17 - g> m i l> )> "D ~ 1 ~ !l a ( 5- ~ ~ '!l c ~ .. :.- ~ ~ ii' 3 .. 0 .. !l ;0 0 ~ I 0 ~ ~ 0 ~ ::J , !'! 0- 0 ~ ~ 0 , :::i 0- 0 .e .!:! !::! -= ~ 0 r- -I ;: -< ::J iii ... 0 .. en m m )> .. .. - "0 ::J .. C " ::J C. 3 "0 "D .. :r ~ cr "0 n < "0 a 3 3 .. c .. ;;- ::J 3 ;+ 3' (; '" :r ,-< C. cr .r .. il .. ~ ~ il .. c cr 3 .. ::J ::J .. 3 CD "0 J" c .. n < - .. ~ "E- .. ~ .. !!. :T !l .. n' - ~ .. <' ~ I", ;Ill ~ !r .. x .. 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I ? ::l ,6 8 o! 0 O.l>o 0 0 0 0 ". a-> 0 0 0 0 0 0 <1' '..0 'C:> 0 _ Ul ~I ~ ~ ~ ~ ~ ~ ~ .".E ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 ~ 0 ~ ceo 0 C g - ... c g- g - 0 0 0 0 c ... - 0 0 v , '" -- <.. '1J i I ;, OJ";; ~ I ~ ~ C ~ ._~- " I ~[ ~i'" 1ft; , I' N - - - - I ,,,,,..J ..I ".1". 0 0 0 0 ". 0 0 0 0 0 0 0 0 0 I CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: City of Delray Beach (I) The local government will advertise the availability of funds pursuant to Florida Statutes. (2) Funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the program provisions. (7) The Hurricane Housing Assistance Plan shall provide for the expenditure of funds within 24 months following the end of the State fiscal year in which they are received. (8) The HHR program trust fund shall be established with a qualified depository for all program funds as well as moneys generated from activities such as interest earned on loans. (9) Amounts on deposit in the hurricane housing assistance trust fund shall be invested as permitted by law. (10) The HHR program trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audit will be forwarded to the Corporation no later than June 30th of the following fiscal year. (11) An interlocal entity shall have its hurricane housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as noted above. (12) Developers receiving assistance from both HHRP, SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all federal program requirements. 1 Hurricane Housing Recovery Housing Assistance Plan (13) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (14) Rental units constructed or rehabilitated with HHR program funds shall be monitored for the term of the HHR program for compliance wIth tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e), F.S. Witness Chief Elected Official or designee Jeff Perlman. Mayor Witness Type Name and Title Date OR Attest: (Seal) 2 Hurricane Housing Recovery Housing Assistance Plan Hurricane Housing Recovery Program Plan INFORMATION SHEET LOCAL GOVERNMENT: City of Delray Beach CHIEF ELECTED OFFICIAL (Mayor, Chamnan, etc ): Jeff Perlman, Mayor ADDRESS: 100 NW 1st Avenue Delray Beach, FL 33444 PROGRI\.M ADMINISTRATOR Kendra Graham, C. D. Administrator ADDRESS: 100 NW 1st Avenue Delray Beach, FL 33444 TELEPHONE:(561) 243-7280 FAX:G6l) 243-7221 EMAIL ADDRESS: graham@ci.delray-beach.fl.us ADDITIONAL CONTACTS: Ferline Mesidort. C. D. Speciali~t ADDRESS: 100 NW 1st Avenue Delray Beach, FL 33444 EMAIL ADDRESS: mesidort@ci.delray-beach.fl.us lNTERLOCAL AGREEMENT: YESINO (IF yes, list other participants in the inter-local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000308 MAIL DISBURSEMENT TO: ADDRESS: OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: Oll NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: HHRP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 3230 I Fax: (850) 488-9809 - Agenda Item No.: ~S AGENDA REQUEST Request to be placed on: Date: September 1, 2005 _ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda When: September 6, 2005 Description of item: Authorization and approval of the Hurricane Housing Assistance Plan (HHAP) for fiscal years 2005-2008. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends acceptance and approval of the HHAP. Department Head Signature: ~~.~- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: @/NO zrl1 Approved for Agenda: Hold Until: Agenda Coordinator Review: Recei ved: Placed on Agenda: - ------ MEMORANDUM TO: MAYOR AND CITI COMMISSIONERS FROM: CITI MANAGER it,/) L.- , I SUBJECT: AGENDA ITEM #)S\ - REGULAR MEETING OF SEPTEMBER 6. 2005 FUNDING ADJUSTMENT /SWINTON AVENUE BEAUTIFICATION PHASE II) DATE: SEPTEMBER 2, 2005 This is before the Commission to approve an adjustment to funding sources for the Swinton Avenue Beautification Phase II Project, wluch was approved by Commission on July 19, 2005. The improvements along N.W. 1st Street ill the amount of $34,231.00 will be funded from account 380- 4150-572-63.28 (2004 G.O. Bond/Pompey Park/Community Center). The construction of beautification improvements along Swinton Avenue from S.W./S.E. 2nd Street to Lake Ida Road and N.W. 1st Street from N.W. 1st Avenue to N. SWillton Avenue include paver cross walks, paver sidewalks, and decorative street lights. The paver sidewalks will be constructed between S.W./S.E. 2nd Street and N.W./N.E. 2nd Street and on N.W. 1st Avenue. Recommend approval of an adjustment to funding sources for the Swinton Avenue Beautification Phase II Project in the amount of $34,231.00. S.\c.ty C1erk\agenda memos\CM Swmton Ave Beau FundIng Ad) 090605 - City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden ~ Randal L. Krejcarek, P.E. a FROM: DATE: 01 Sep2005 SUBJECT: Swinton Avenue Beautification Phase II Funding Adjustment Commission Agenda Item Project # 2001-054 The attached agenda item is for Commission approval to adjust funding sources for construction of Beautification Improvements along Swinton Avenue from SW/SE 2nd Street to Lake Ida Road and NW 1 sl Street from NW 1 sl Avenue to N Swinton Avenue. Improvements include paver cross walks, paver sidewalks (between SW/SE 2nd St and NW/NE 2nd St as well as on NW 1 sl Ave.) and decorative street lights. The improvements along NW 1 st Street are to be funded from account 380-4150-572- 63.28, Pompey Park/Community Center. The total amount from this account is $34,231.00. The attached map shows the project location. Please place this item on the 06 Sep 2005 Commission Agenda. Thanks! enc cc: Richard Hasko, P.E., Director of Environmental Services Joseph Safford, Finance Director Carolanne Kucmerowski, Agenda Coordinator file S IEngAdmmlProjectsI200112001-054\OFFICIALI2005-09-06 agenda memo doc JUUUU~ U~I IJJul/ I~I",~. -In~, "i -Irl nlll r! , ' z; ,I I, I I \1 , I!J' '" I ! ! I 1 - i '~I i I II iI I I " I~; I I ~I '1,\, IZI ," II 11; 1 11 !RJ~1 '[ 'I 8/1 ! ! I II I II 'U' ~ ii' R3J1 . ! ! i . a: ! 'I 4.11 \J LJ 'I' N.W. 1ST "U, ~UJI r~'1 ~.I ~ ~L II '~I,u. .'~iUI ri, ,I ,I; U" II II ,U /L-J' J ,I In I '\ I~ I ATLANTIC AVENUE I[ 1 tD ,;-- ,I ' f! I~ , I ' In",. I,n" ni "., n', nilltnl ; i 1'1 , I, " ,~f' 1/ !I i Ii ~i / / I i IUI It I" '1\ y~ul ~,I kl' i L.~ L-J' 'LJ, f ---I ' S.W. 1ST ST. s.t. 1ST . ! ----'!;-- UJ ,~ ' I I r-- ~ i~[ I' i I ni ol7Tll i ~i :<1 'u! I'~! r ~ n: I II ~I ! If II' I II i , , Ul! / ' I 1\ \1 U: ,U' 1< IU: ,i ,ill II , , 0 '" J I' o~ ! I ~ ~ . ~ 1 I ! fllU:U I 1- I U I I L Ii' L-Ji S. 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Q):I1 Eo- ~ :::I C U ~ >.: ::;l tl 'C en 10. e 1'2 0 lij a. Q) -g E ~ ="0 1! ~ CC E :;.,,: ~:; CO C2 Q .< ~ .~;> <..> -' u.. a:: -.!! g:: a :: I- -= c.. .!! U Ui :z '-' -< ~.. " 'I = (;r.l = I f- :z E "" i.... 00 I'" 0 -I"''''' ~.. ... 0:( < <.. I ""' :LI 4J N ,N N N ("""'l ("""'l f""I t'f"} f""l Q. ..;;I - N M "0 == C'i ,:: . i ... 0(... co Date: 01 Sep 2005 AGENDA ITEM NUMBER:~ Q . '.; . ~""':. .~: AGENDA REQUEST Request to be placed on: -X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 06 Sep 2005 Description of Agenda Item (who, what, where, how much): Request Commission approval to adjust funding sources for construction of Beautification Improvements along Swinton Avenue from SW/SE 2nd Street to Lake Ida Road and NW 1st Street from NW 1st Avenue to N Swinton Avenue. The improvements along NW 1st Street are to be funded from the account listed below. The total amount required from this account is $34,231.00. Staff Recommendation: AUI ~ r~/1J5 Department Head Signature: - - ~ .. City Attorney ReviewlRecommendation (if applicable): Budget Director Review (~d on all items involving expenditure of funds): Funding Available: es 0 Initials: ibC YES Account Number 380-4150-572.63-28 Description Pompey Park/Community Center Account Balance:$. 27'1; Z 3~p--O Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @ I No Initials: [111 Hold U nti!: Agenda Coordinator Review: Received: s: \EngAdmin \Projects \2001 \2001-054 \OFFI CIAL \2005.09-06 agenda.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER r;{1/1 SUBJECT: AGENDA ITEM # ~ lA - REGULAR MEETING OF SEPTEMBER 6,2005 CLUB CAR, INC.lGOLF CARTS DATE: SEPTEMBER 2, 2005 This is before the Commission to consider approval of a lease purchase agreement between the City of Delray Beach and Club Car, Inc. in the net amount of $117,540.00 via the Indian River County Bid #7019 for SlXty (60) golf carts for the Lakeview Golf Course. The golf carts will replace Lakeview Golf Club's existing carts, which are in poor condition due to age. The specifications of the Indian River County Bid match the golf cart requirements of the Lakeview Golf Club. In adcht1on, Club Car is offering a trade-in value of $70,500.00 for Lakeview's existing carts, therefore, the net amount of the lease/purchase is $117,540.00 (total cost of $188,040.00 less the trade-ill value of $70,500.00). Funding is available from 446-4761-572-64.90 (Lakeview Golf Course Fund/Other Machinery/ Equipment) FY 05/06. Recommend approval of a lease purchase agreement with Club Car, Inc. in the net amount of $117,540.00 for sixty (60) golf carts for the Lakeview Golf Course. S'\C,ty Clerk\agenda memos\Cm Lease Purchase Club Car 090605 MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager ~ THROUGH: Joseph Safford, Finance Director DATE: August 18, 2005 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING SEPTEMBER 06, 2005 - LEASE / PURCHASE AWARD OF SIXTY (60) GOLF CARTS FOR THE LAKEVIEW GOLF CLUB Item Before Commission: City Commission is requested to approve the lease/purchase of sixty (60) new golf carts from Club Car for the Lakeview Golf Club at the total amount of $117,540. Pricing per Indian River County Bid #7019 awarded by their Board of County Commissioners November 15, 2004. Background: The Lakeview Golf Club is requesting approval for the lease/purchase of these carts to replace existing carts which are in poor condition due to age and in need of many replacement parts. These carts are available from Club Car via the Indian River County Bid #7019. The specifications of this Indian River County Bid matches the requirements of the Lakeview Golf Club for golf carts and in addition Club Car is offering a trade-in value of $70,500 for the current carts. See attached copy of Indian River County Bid award and the Club Car quote dated March 02, 2005. The Manager of the Lakeview Golf Club recommends the award to Club Car Inc. for the total amount of $117,540.00 for the lease/purchase of sixty (60) golf carts per attached memo dated May 18, 2005. This amount is the total of$188,040 minus the trade-in price of $70,500 for the current sixty (60) golf carts at Lakeview Golf Club. Lease Financing will be obtained for the purchase of these carts. Recommendation: Purchasing staff recommends award to Club Car Inc. for the lease/purchase of sixty (60) golf carts for a total purchase amount of $117,540 for the Lakeview Gold Club. Funding from account code 4~-4761-572-64.90. Attachments: Memo From General Manager Lakeview Golf Club Club Car Quotation Indian River County Bid #7019 ~~ . 1200 Dover Road oj I' 2/fI{" . . Delray Beach, FL 3344S . (P) 561.498.3229 . . (F) 561.498.3720 . email: lakeviewgolfclub@aoLcom . . Lakeview Golf Club <b\lDS , . ~~ May 18, 2005 - tf? ~~ ~ Memo to. Brahm Dubin From: Pete Doolittle RE: Golf Cart Order Brahm, Enclosed is the new proposal from Club Car for a new golf car fleet based on our requirements. The proposal is for SIxty (60) new 2006 Club Card DS Gasoline golf cars, and trading out our old fleet We are recommending moving fOlWllI'd with this proposal for delivery in October, 2005 based on the following critena. 1) Age and condition of current carts . please note attached memo put together by Peter Doolittle (GM- Lakeview), Tom Gynn (Superintendent - Lakeview), and J1m Flaherty (Head Bagger - LakeVlew). 2) Trade-in value of current carts - Per the attached quotation, Club Car has offered LakeVlew Golf Club $70,500 as a tmde-in value for our current fleet of golf carts. This figure is only available to us with the purchase of the new carts. We could not expect to get nearly this value for our used carts If we sold them elsewhere. 3) Pricing - Our quotation is ''piggy-backed'' onto an identIcal recent bid with fudian River County (Flmida Bid #7019, November 23, 2004) giving us access to the most aggressive pricing possible 4) Delmy Beach Golf Club - Our sister COlU'Se, Delray Beach Golf Club, uses Club Car and has an on-sIte mechanic who is trained and knowledgeable worlting with these specific brand of cars 5) Lakeview Staff - Our golf course staff, including our Superintendent, Baggers, and Maintenance Crew, are tramed and knowledgeable worlong with these specific brand of cars 6) Parts - Both Lakeview Golf Club and DeIray Beach Golf Club have Club Car parts in inventory to perform basic repwrs and updates. 7) Customer Service - Both Lakeview Golf Club and Delray Beach G<>lf Club have experience working with the Customer Service Team from Club Car and have been extremely satisfied with the service receIved over the past decade with the local authorized Club Car Service Dealer (Professional Golf Car Corp ) 8) Product - Club Car is a superior car to it's competition in many facets, including, but not linnted to: a. Aluminum Frame (rustproof) - other competitive cars are steel and thus susceptJ.ble to rusting - because of this frame, Club Car's wholesale trade value averages $300 per car than competitors b. fudependent SuspetlSl.on - other competitIve cars do not have mdependent suspension thus the wheels act as the bumper causing increased maintenance c. AutomotIve Powertrain - unlike competitors, this line of Club Cars has a tamper -resistant governor for safety pmposes d. 7-Gallon Tank -16% larger than competrtors, caris more fuel-etlicIent Thanks. Best regards, ._-_.~ General Manager Lakeview G<>lf Club 561-498-3229 ........... ...... ........... Brahm, I have met with Jim Flaherty and Tom Gynn to perfonn a full analysis of the cart situation at Lakeview, per your request. Here are the facts: -Carts 9 (Transmission), 19 (Transmission) and 28 (Bent Frame & Steering) are not operable -Carts 3,47, 60 (Transmission Bearings), 10, 21, 55 (Clutch Spring & Belt), 14, 29, 32 (Fuel System Problems), 25, 26, 39 (Exhaust) are barely operable and used only when all other carts are out. Thus, 15 out of 60 are finished or on their last legs. -In the last two months, an average of 1-2 carts are breaking down weekly on the golf course with various minor or major problems -Many carts are experiencing dry rotting of tires (replaced 5 tires in the past 5 weeks) -All carts still have original batteries and are having battery problems (1 per week) -6 Mufflers replaced in last 3 months ($120 per) -5--10 carts will require new seats by October 1,2005 ($85 per) < -Transmission problems are $1000 to fix (2 carts now, 4 more close) Both Jim and Tom recommend cart replacement for October 1, 2005. Not having any expertise on the matter, I must take into account their basic desire for new carts, but it seems that we cannot go much later than January 1, 2006 - I can attest that I hear more and more often that carts are breaking down on the course, which is extremely difficult to deal with as we go into summer with reduced staff (1 clerk, 1 bagger, no ranger). Thanks! Backup notes available if you would like. PO '" ~ / -'- , Club Car, Inc. : 3375 All American Boulevard Orlando. Flonda 32810 play to win (407) 522-8001 1-800-821-1227 (407) 522-7005 Fax March 2, 2005 Mr. Brahm Dubin Lakeview Golf Club 1200 Dover Road Delray Beach, FL 33445 Dear Brahm, Enclosed is a proposal for a new golf car fleet as applied to the requirements for Lakeview Golf Club. The pricing quoted is identical to the bid awarded to Club Car in November of 2004 by Indian River County. I'm hopeful that the City of Del ray Beach will consider "piggybacking" this deeply discounted pricing to obtain a new Club Car fleet for Lakeview. Thank you for your time and consideration of this offer. I look forward to working with ou on this important project. vid Kelly Territory Manager Club Car Florida -'- ;,- . , , , . Lakeview Golf Club March 2, 2005 PROPOSED EQUIPMENT Sixty (60) new 2006 Club Car@ DS Gasoline golf cars including the following standard and optional equipment: Standard Equipment Included Optional Equipment Canopy top Rake Holder Scuff guards Number decals Sweater basket Sand bucket - two per car Bagwell protector Information holder Premium tread tires Color - Beige, White or Dark Green Delivery will be approximately October 2005 TRADE-INS Sixty (60) 1999 Club Car DSG model ',Lakeview Golf Club March 2, 2005 PURCHASE QUOTATION We are pleased to submit the following quotation: "X'NiITY' .. '1". ~.. bE$CRIPTION UNIT EXTENDED . -"'., ------- New 2006 Club Car@ -OS GasolinegoifCars PRICE PRICE 60 -------- $3,134.00 $188,040.00 equipped as stated on the Proposed Equipment page. New car pricing and trade values are identical to Indian River County, Florida Bid #7019 awarded to Club Car, Inc. on November 23,2004 TRADE-INS 60 1999 Club Car OSG model ($1,175.00) ($70,500.00) TOTAL $1,959.00 $117,540.00 ':FREiGHT -. DELIVERY DATE SHIPPED VIA 'joY FOB Destination October 2005 I Club Car Truck All trade-ins must be free of liens and encumbrances and in fleet running condition. Cars used for purposes other than golf car rental, damaged due to misuse, abuse, or vandalism, and cars with missing equipment will be adjusted in value accordingly. Prices quoted are those in effect at the time of quotation and are guaranteed subject to acceptance within thirty days. Applicable state or local taxes and fees not included. Club Car, Inc. must approve all credit terms prior to delivery. Customer to submit required credit information for credit approval. Delivery lead-time of eight to twelve weeks normally required Lakeview Golf Club fk!1ilJj By: By: Title: Title: Territory Manager Date: Date: 3/t,/dS , . . lakeview Golf Club March 2, 2005 LEASE/PURCHASE PROPOSAL Club Car@'s affiliated financing source, Ingersoll-Rand Financial Services (IRFS), proposes to lease to Lakeview Golf Club sixty (60) new 2006 Club Car OS Gasoline golf cars equipped as stated on the Proposed Equipment page. The lease rates are based on the first payment being made at the time of delivery of the equipment and are subject to IRFS's normal credit approval. LEVEL PAYMENT (12 monthly payments per year) 48 Month Term 1$45.78 The lease/purchase contract shall be subject to the terms and provisions of the contract to be executed by the parties. Upon fulfilling all terms and conditions of this agreement, the equipment becomes the property of Lakeview Golf Club for $1.00. Documentation costs, filing fees, stamps, or any other costs associated with the documents are the responsibility of the club and are due upon delivery of the cars. The above quoted rates are valid for acceptance within thirty days. Lakeview Golf Club MU~ By: By: Title: Title: T erritorv Manaaer Date: Date: 3/-vft~ Lakevlew Golf Club March 2, 2005 SPECIAL CONSIDERATIONS The following special considerations apply to Lakeview Golf Club: I "I~ ", . REPLACEME'NT'PAR!S::AN[i"SJ:RVICE .' _ __ ___--=.J : Factory authorized replacement parts, service, and warranty work are handled through Professional Golf Car Corporation, Club Car's factory authorized dealer in lake Worth It is Club Car's objective that lakeview Golf Club will receive professional, timely, and systematic service. Club Car offers technical training seminars for lakeview Golf Club's employees involved with golf car operations. These seminars are held at Club Car's manufacturing facility in Augusta, Georgia, and are conducted by professional educators. The club's employees will learn preventive maintenance and repair procedures to enhance its fleet operations, A reasonable fee is charged for these seminars. WARRANTIES The following warranties apply to Lakeview Golf Club: l .. ", >: .. ..... ...! - 'GotF~j{RS ~ ... .... ...~.. .: - ,:%l!:f:l " , .: '" - .. "".:~::(~~ .$;--_ ~, Club Car@) warrants to lakeview Golf Club that its new 2006 DS-model golf cars are free from defects in materials and workmanship subject to the terms and conditions contained in the attached Club Car Limited lifetime Warranty. . I. --- ..,,"". I .af'''_. t)61-624-1920j Feb.15-05 9:31AM; Page 2/3 . . . . , BOARD OF COUNTY COMMISSIONERS . " , Oecemher 16.2004 ..... ... VIA OVERl\JUHT DELIVER Y M... Tommy Dee. Tenilory Manager Cluh Car, Inc. ..W7 4'h Ten'ace Palm Beach Gardens. FL 33418 NOTICE OF A WARD Reference: Indian River Counly Bid # 7019 Sandndge Golf Club '...case/Purchase of J S4 Golf Carl). I DI.,.....ng R.J/\ge Car & I Beverage Car DCilr M... Tommy Dee. I am plea~ed (0 infOlm you that on November 23: 2004. (he Board of County CommIssioners awarded the lea~c/purchase proposal from Club Car for 154 gasoline powered golf cars. .1 gasoline powered range ~'.\1 ,lOll a gasoline powered beverage car. Please initial all four pages of the amortization schedule included herein along with Page I of 7 of the Equipment Lease-Purcha.~ Agreement and have an authorized agent execute Page 9 of 7 of this agreemenl . In closing. please mail, the executed agreement lO the ,mention of the County Attorney's office al thl:-. location for their final review and approvul as to form. A ..:opy of the executed leaselpurchuse agreement wilf be mailed to you for your records. Thanking }'OU in advance (or your ~'Sistancc in the regard. S:lIY. ~ . Atu- . . hitft PowcJl, Purchasing Manager '\ ~(; Ullh Komannctz Marum FeU, Deputy Count)' Attorney \ O~neral ~rv;us Department. Purchasing Division 1214025. Streef, Room 118, v.... Beach. ....orldll .12960.(172) 561.8000 Ext. 131,.rax: (71Z) '1'1(1.5095 F....n..U: purchasing <itlrcIO".OOnl . t' . ,",U I - u..:'t . 1l:f'::U j F eb - 1 5 . 05 9:31AM; Page 3/3 . r! WI? t~ ;bS tvtc () GL- - ATTACHME'\'T "Ii" PRICTh"G WORKSHEET 11[\1 I Q(~~ - '- -DESCRIPTION ~ --.------ TOT AL C .\SH PURCHASE PRICE : -r-1'i4$SOLlNF POWEREDGOl.l CARS -- =- - 'I e~5 M~"e CLVt?> c.fi.R _ T\kltlel t)"5-~ p 1156 .\Vt:.R.:,G[IRADEIN\LLO\"'ANCLI'~R(A~ _ .tiTS .<\ $ 'ir31~Po~ ') -'~"D'" 'LLUW."CEFOR "A~GCt'.\R~ --=- , <> ~~"sc .-.' l-T- .-.-----.__~_.=t-=~ 4 1 Go\SOLlNE:. POWERED RA"GF CAR _ -.1- 'r eal2Cb 'S ''lake (Li/6 C7f1l:' --=- I\l(\dt:l T~p ;II I $ /VIe. ,f N I c- 5 ~A.S()L1?\'F. POWERED I::\f.VER-\CiF CAR ' ~ =J=;.. . Yea! ~ S' Make CUte CltR. -=-=- Model(.ftfir c.KP~ss I S 10,' SO. ! s /c.., L ~C> l (> 154 ELECTRIC POWFR[f) GOLf C:AR~ ~ , =- - =4 "& ~M'''' CUll!> eM' "od'!Jl. $- X-~"3,O'il'i ~3 . ~ =r- =---- 48 MONTH L,EASE IPUIIClL4. ~E ~~ PRICE ~lTH()lrr MAINTE,'A "i/CE _-I - If ~.EPRICFf'ER0ASO!--I'tf'0\\'CRtDC-\R S.-IE! ~r~"/Ao1t;"~ .'S"3,f""h "_ '~_ _ _ ~SS.\V[R:XGFTRA.ofl'V>\LLFf'LRC'\R (Sl~J ~ I '-'ET PRICE PER (,ASO:"INI.:. C-\R f IN"NCEO $ . ~ It _. \10NTHI.'r LEASE A/l.tOIN I ~OR (j,\SUl!"JE PUWERED R~N(jE CAR -- S Nlc - ~ MONTi IL Y LEAse ^ \,IOUH FOR G^,OLl" Pov.'EKm Bel'," ,C,E ~ j21''1'< eo ~ .... - - I CO\.lBI"-ED TOT ~L ANNlIAL LEA~1:. ", \10UN f FOR (I ~4~ =--r- - . 'VAIL ~ GASOLlNF POWERED CARS T( J\ CA ~OLlNE PO\\ I:.RfJ) RAf\lGE= lL\i ~ t,~1< -II: G 'WI INC 'OW eRe" "E\CR.,C,E CAR _ _ I ''FAR O~ ,_ 61,58<1:] _ _ _. _ '_ _ _ ! )cARn...o I_~ 81,5B9 "1"- =~ _ _ _ _ _ _ "'R "',1<" ~ e1,51!1'I. .- . _ _. __ _ _ _' )lARFQLR $ en,5'e"f. .. I:'OFLC..A.SF.._ -' - .-L1~c!)o J ~ I 9 I ~"LL PRICE 'eHLec I RICPOWlRFD C "d ~'1< 6' ;><rtiLr 1"'.....- " P 8" --l-\ __ rF.SS~vERA.(J['.rR,\()tl"'\'^Ll'L~~RC.'\K. ($ 1,115.-2-i , 1 '-.LT PRIU:. PCR F.LI:CTRIC C.A.R FINANCED $ I '1 I - ~ "ON'lfIL YLE'SUMOUNTFOR ELFCTRI< I'0weRW RANC!. Co'R - . t;: i . f - - MUNTHL Y I.EA'e ,,'OCXT FOR ,CLcm;" 'OW FRED BEVERACE c "R '-=-, 2.'1.'1. '" '4t:< 1 ~'BINW TOT AL A"~l 'AL LF "'LA \,IOllNHOR "," ~ I I ' I:LFCTRIl' !'OWI:.K.ED CAK.~ -( III:LLCTRIC f'Q\\'ERW R L\ I\(Ji. I 8SJf 27 :le- c"", ")FL(('mlCl'O~FRWOFYER.'GFC"R - -J5'RON~' ~ Cl~ I t 'rb\RT\....O~~Y2i. . - - - _ --=- -=-- --=- 'LA" THR!.!.~I '~~'(Z7. ,,~ I -, - - -' - _ _ _ YE-\R FOtlR $ - ~G '- :' ~6 1 Ol'TR IGH I f'L'RClIASF P'RI~'E ~ i ('\!D UI' lJ' ~ _ _ _ _ L...Lo 0--1 Page 11 01' ;' (!orJ1ctlr INDIAN RIVER COUNTY, FLORIDA INTER-oFFICE MEMORANDUM SANDRIDGE GOLF CLUB DArE: NOVEMBER IS, 2004 1"0: Boord of County Commissioncn ~ llIRU: Mr. Joseph Baird, County A~ / ; SUBJECT: Golf Cart RFP and Lease ~grcemeV5~, \j () I I dfJt ' FROM: Bob Komannet~~rt1 alf l(.')' \ BACKGROUND I ' Sandridge Golf Club has owned and maintained a fleet of 156 Club Car Golf Cars for the last six years. Historically, the golf course has purchasCd the golf carts through a forty-eight month, government lease purchase program with a $1.00 buyout at the end of the lease and kept the golf carts for an additional two years. The golf course will again finance the new fleet of golf cars through the same type of lease/purchase program. Staffhas issued an RFP for a new fleet of 154 golf cars, a gasoline powered range car and beverage car. In the RFP, vendors were asked to submit proposals for an outright purchase price and also a 48-month lease/purchase plan with a buyout at the end of the lease term. Staffhas received three proposals from Club Car, E-Z Go and Yamaha. A selection committee was formed to review the proposals and evaluate demo cars that were delivered to Sandridge Golf Club. The selection committee members were Bob Komarinetz, Director of Golf, Bela Nagy, Manager of Golf Operations; Mike Chuhalotf, Golf Car Technician and Marty Starliper, Golf Car Technician. - Although Staff requested proposals for both electric and gasoline golf cars, Staff feels it will best serve the golf course to continue with gasoline cars. This came after Staffperformed a cost estimate on retrofitting each golf car facility and found it to be cost prohibitive at this time. ANALYSIS To determine the performance of the three manufacturers who submitted proposals, the following criteria were used in evaluating each company. Numerous test drives by the committee and also customers were performed to evaluate the handling and performance. A thorough investigation was done from references from each manufacturer. A mechanical study was also done for potential future repairs. Performance Evaluadon: E-Z'Go 1) Rear suspension too stiff (Rides Hard) 2) Straight axle front end, if it hits anything hard enough, the axle bends and must be replaced (Expensive) 3) 2 cylinder engine, noisy 4) Steel frame, powder coated but subject to rust 5) No front bumper (Easy to damage front end) 6) Washable oU filter. Replacement of oil filter expensive. 7) No rack & pinion steering 8) Start up response slow (Must be choked to run) Yamaha 1) Steering column offset, hard for two large people to ride in it 2) Wire sand bucket holders will not last 3) I cylinder engine, but noisy 4) Small front bumper S) Ground clearance too low 6) No oil filter 7) Steel frame 8) No covers on sand buckets to protect from rain Club Car 1) New DS'Model has twin rack & pinion steering for much smoother steering 2) Sand bucket brackets stronger than Yamaha or E-Z Go. Made of aluminwn and will take abuse better 3) Oil Filter replaceable, less wear on engine 4) 1 cylinder, quieter ride S) Largest Front bumper protector of the three golf cars 6) Turning radius - Turns in the shortest area of the three golf carts. 7) Covers on sand buckets. 8) DS Model, hardly any change in parts and all parts available with next day d;elivery and some parts are currently in stock Financial Packages: ATTACHMENT "0" PRICING WORKSHEET COMPARISION TOTAL CASH PURCHASE PRICE 154 GASOLINE POWERED GOLF CARS CLUB CAR E-Z GO TEXTRON YAMAHA Purchase Price - Each $3,134.00 $3,066.00 $3,300.00 Total Purchase Price (154 Cars) $482,636.00 $472,164.00 $508,200.00 Trade-in Value - Each $1,175.00 $1,200.00 $1,250.00 Trade-In Value - (156 Cars) $183,300 $187,200.00 $195,000.00 Gasoline Powered Range Car $0.00 $0.00 $5,400.00 Trade-in Value - Range Car $650.00 $1,200.00 $1,250.00 Gasline Powered Beverage Car $10,650.00 $0.00 $9,900.00 TOTAL PURCHASE PRICE $309,336.00 $283,764.00 $327,250.00 48 MONTH LEASElPURCHASE WIO MAINTENANCE Sale Price Per Gasoline Powered Car $3,134.00 $3,050.00 $3,350.00 Less Average Trade-In Value Per Car $1,175.00 $1,200.00 $1,266.33 Net Price Per Gasoline Car Financed $1,958.98 $1,850.00 $2,083.77 Monthly Lease For Gas Powered Range Car $0.00 $0.00 Included Monthly Lease For Gas Beverage Car $249.00 $0.00 Included Combined Total Annual Lease Amount 154 Gasoline Cars, 1 Gasoline Range Car, & 1 Gasoline Beverage Car YEAR ONE $87.589.44 $43,705.20 $45,922.80 YEAR TWO $87.589.44 $43,705.20 $45,922.80 YEAR THREE $87.589.44 $43,705.20 $45,922.80 YEAR FOUR $87.589.44 $43,705.20 $45,922.80 Outright Purchase Price At End of lease $1.00 $187,200.00 $218,600.00 GRAND TOTAL: LEASEPURCHASE $350,358.60 $362,020.80 $402,291.20 Club Car, Inc. as noted in the scbedule above. 48 Month LeaselPurcbase, bas the best financial package. $11.662.20 less than E-Z Go. for the lease/purchase of the golf cars. Furthermore. the committee evaluating the performance of each golf car noted that. Club Car was the best golf car of the tbree manufacturers. Subsequently. StatT was contacted by Club Car and informed that the 6% interest rate bad been lowered to 4.35%. reducing the annual lease purcbase payment to $85.188.00. RECOMMENDATION I) Staff recommends the Board of County Commissioners approve the lease/purchase proposal from Club Car for a fleet of 154 gas golf cars, a gasoline range car and a gasoline beverage car. 2) Authorize the chairman to sign the Equipment Lease Purchase Agreement in substantially the form presented after the changes to the payment schedule have been received and approved by both the Office of Management and Budget and the County Attorney's office. Funds Available Sandridge Golf Club 2004-05 Budget Account #418 236 572 077.22 ATIACHMENTS Lease Agreement DISTRIBUTION Joseph A, Baird, County Administrator Fran Powell. Purchasing Manager Will Collins. County Attorney Jason Brown. Budget Director APPROVED FOR AGENDA FOR: BY: - - --~- ------------ AGENDA ITEM NUMBER: ~l;\ - AGENDA REQUEST Request to be placed on: September 06,2005 Date: August 18,2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Lease/Purchase approval for sixty (60) new golf carts from Club Car via the Indian River County Bid #7019 for the total amount of $117,540. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve award to Club Car for the lease/purchase of sixty (60) new golf carts for a total of $117.540. Pricing per Indian River County Bid #7019. Lease Financing will be obtained for the purchase of these carts. Funding from account code 444761-572-64.90. Department Head Signature: k~~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): u1 ~. Funding available: Yes No Funding alternatives: (if applicable) Account Number: (jLfb - 1./710 1-~72 .1.0 '-/- 7 D Account Description: ~y Ha{!%u I'R./~ Q ~p rrtnf- Account Balance: .p J :3~ SlID . . . '#- F~ndill~ ;S- III Fi( 65 Lot:, ~.jXJfiiCd .fx.ui9C'f- CIty Manager RevIew. (l ~f-.Ix- -= . -h::5: '.J ~ Cl1:Jd2- , .;:u<-rChiL~d- b<. re.- / / /C. Approved for agenda: ~) ftJ/\ No ---- Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved '- gA [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE ~()() '\\\ ]q\\'E'\lT' DELR,l"Y BEACH. FLORIDA 33444 I; LlcPHO'\F ~h I i~4 ,- ";(ll)11 . F \C<;I\'IILE :'6li278-47:,5 DELRAY BEACH Writer's Direct Line: 561/243-7091 ~ L () R I :J "- Dad AII.America City , III J! DATE: MEMORANDUM August29,2005 1993 TO: City Commission 2001 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Amendment to ICMA RC Account Number(s): 301207,107471, and 109648 The Amendment provides for the elimination of the Plan Administration Fee and the Mutual Funds Fee contingent on ICMA Retirement Corporation (RC) acting as the exclusive provider of administrative and investment services for the Plans over a five year period and contingent upon the City's use of EZLink for enrollment and contribution processing over the term of the Agreement. (It should be noted that a separate IAFF Plan would be allowed, despite the exclusivity.) My understanding is that currently, the City pays .55 in administrative charges and mutual fund costs ranging from .45 basis points to 1.45 basis points. The new cost will be O. Please place the contract amendment on the September 6, 2005 City Commission agenda. Attachment cc: Janet Whipple, Acting City Clerk Carolanne Kucmerowski, Executive Assistant/Agenda Coordinator Joe Safford, Finance Director Harry Hamilton, Human Resources Director ~\! - AMENDMENT TO THE Administrative Services Agreements for Plan Numbers 301207, 107471, 109648 This Amendment to the Administrative Services Agreements ("Agreements") for Plan numbers 301207, 107471, 109648 (the "Plan") is entered by and between City of Delray Beach ("Employer") and ICMA Retirement Corporation ("RC"), effective as of the date of execution by the Employer below ("Execution Date"). WHEREAS, the Employer sponsors the Plans on behalf of its eligible employees and retirees; and WHEREAS, the Employer entered the Agreements to engage RC to provide administrative services and investments for the Plans under the terms specified in the Agreements; and WHEREAS, the parties wish to amend the Agreements to provide for the elimination of the Plan Administration fee and the Mutual Funds Fee under the Agreements contingent upon RC acting as the exclusive provider of administrative and investment services for the Plans over the term of the Agreements and contingent upon the Employer's use of EZLink for enrollment and contribution processing over the term of the Agreements; and WHEREAS, Section 1 O( a) of the Agreement provides that the Agreements may be amended pursuant to a written instrument signed by the parties; NOW, THEREFORE, the Agreements are hereby amended as follows: FIRST The following is added as a new section 3 to the Agreements, and the current provisions of the Agreements are re-numbered accordingly: Employer agrees that for the initial or succeeding term of this Agreement specified in Section 10, so long as RC continues to perform in all material respects the services to be performed by it under this Agreement, Employer shall not obtain plan administration and investment advisory services from anyone other than RC. Employer acknowledges that RC has agreed to the compensation to be paid to RC under this Agreement in the expectation that RC will be able to offset costs allocable to performing this Agreement with revenues arising from Employer's exclusive use of RC at the rates provided herein throughout the initial or succeeding term. ----- 2 SECOND Re-numbered section 7 of the Agreements, titled "Compensation and Payment" is amended by replacing subsections (a) and (d) with the following: (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.0% of the amount of Plan assets invested in the Trust. Such fee shall be computed based on average daily net Plan assets in the Trust. (d) Mutual Fund Services Fee. There is an annual charge of 0.0% assessed against average daily net Plan assets invested in the Trust's Mutual Fund Series. The compensation and payment set forth in this section 7 is contingent upon Employer's continued use of EZLink for enrollment and contribution processing over the term of this Agreement and further contingent upon Employer not obtaining plan administration and investment advisory services for the Plan from anyone other than the existing plan administrators during the term of this Agreement except for member of IAFF, who may have an alternative (the IAFF Plan) in addition to RC. THIRD Re-numbered section 10 of the Agreements, titled "Term" is amended to provide as follows: This Agreement shall be in effect for an initial term beginning on the Execution Date and ending 5 years after the Execution Date. This Agreement will be renewed automatically for each succeeding year unless written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement year. The fee amendment specified in section 7 of the Agreements will take effect in the calendar quarter following the Retirement Corporation's receipt of one fully- executed copy of this Amendment based upon the following schedule: - Received by February 20: Effective April - Received by May 20: Effective July - Received by August 20: Effective October - Received by November 20: Effective January In all other respects, the Agreements are hereby ratified and affirmed. , . 3 IN WITNESS WHEREOF, Employer has caused this Amendment to be executed by its duly authorized officer this day of ,2005. CITY OF DELRA Y BEACH By: Print Name: Title: ICMA RETIREMENT CORPORATION by: t..r l,liif- Paul Gallagher Corporate Secretary MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER PJt1 SUBJECT: AGENDA ITEM # ~ REGULAR MEETING OF SEPTEMBER 6. 2005. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: SEPTEMBER 2, 2005 The term for Mr. Thomas Carney, representative of the West Atlantic Redevelopment Coalition expired on July 1, 2005. The West Atlantic Redevelopment Coalition has reappointed Mr. Carney as their representative on the Parking Management Advisory Board for a two (2) year term ending July 1, 2007. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. With the adoption of Resolution No. 63-00 the Board's membership was expanded from nine to eleven members to include a representative from the West Atlantic Redevelopment Coalition (W ARC) and a second citizen-at-large representative. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and Mr. Carney is registered. Based on the rotation system, the ratification will be made by Commissioner Levinson (Seat #3). Recommend City Commission approve and ratify the reappointment of Mr. Thomas Carney, representative of the West Atlantic Redevelopment Coalition for a two (2) year term ending July 1,2007. PARKING MANAGEMENT ADVISORY BOARD 03/05 TERM MEMBERS CATEGORY TELEPHONE EXPIRES 08/31/05 Mark Krall, Chair P&Z Home: 330-0215 Appt09/09/03 1405 S Federal Hwy #141 Office: 276-7424 Delray Beach, FL 33483 Fax: 278-6909 08/01/06 Ronald Radabaugh Chambers Office: 243-3073 Appt Unexpired term- 976 Banyan Drive Home: 279-9555 03/20/01 Reappt07/02/02 Delray Beach, FL 33444 Fax: 274-4849 Reappt 07/20/04 Email: cheEron2@ao1.com 07/01/05 Thomas F. Carney, Jr. CRA Office: 330-8140 Appt 07/24/03 12198 Vlsta Del Mar Drive Home: 272-5010 RatIfied 08/19/03 Delray Beach, FL 33483 Cell: 330-8233 09/30/04 WARC Fax: Cell: Email: 08/01/06 Richard Sheremeta, V-Chair DDA Office: 243-8700 Appt08/06/02 310 Southeast First Street Home: 265-1576 Reappt07/2O/04 Delray Beach, FL 33483 Email: rs hws~bellsouth.net The representatives above are ratified J?y the City commission. The representatives below are appointed by the City Commission. 01/31/06 Nancy Lierle Adantic Avenue Corridor Office: 278-3399 Appt 02/19/0 429 East Atlantic Avenue Between Swinton Avenue Home: 272-3323 ReapptOl/06/04 Delray Beach, FL 33483 and Intracoastal Fax: 278-3399 01/31/06 Jeannette Dobson Adantic A venue Corridor Office: 243-1794 Appt 02/01/05 Unexp 700 W. Atlantic Avenue Between Swinton Avenue Home: 637-4074 Delray Beach, FL 33444 and Interstate 95 Cell: 445-1694 Fax: 637-1675 01/31/06 Jorge Ramos Adantic A venue and State Office: 789-5668 Appt 01/06/04 34 South Ocean Blvd. Road AIA Corridors and Home: 338-0690 (reswned Ius term) Delray Beach, FL 33483 lying East of the Email: Intracoastal Waterway J orge@CaffeLundaRosa.co m 01/31/06 (Wilbur) Joe Gillie Old School Square Office: 243-7922 Appt 02/19/02 51 North Swinton Avenue Historic Arts District Home: 272-7933 Reappt 01/06/04 Delray Beach, FL 33444 Fax: 243-7018 Email: dtrector@oldschoo1.or2" 01/31/07 Melvin Sacharow Citizen-at -Large Office: Appt 01/07/03 2560 Riviera Drive Home: 243-2857 ReapptOl/04/05 Delray Beach, FL 33445 Cell: 445-6863 Email: melsacharowuv.iuno.com 01/31/07 Troy Wheat Citizen-at-Large Office: 266-6762 Appt 01/06/04 Unexp 1022 East Atlantic Avenue Home: 737-1308 Reappt 01/04/05 Delray Beach, FL 33483 Fax: 265-0816 Email: Troy.D.Wheat@SmithBarn ey.com Contact: Scott Aronson - Parking Management Specialist 243-7286 COfTlffilSsion Latson Patncla Archer PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 01/05 TERM MEMBERS CATEGORY TELEPHONE EXPIRES 08/31/06 oseph Pike ome: 243-0060 Appt 07/06/04 15 Lake Eden Way ffice: 274-6500 dray Beach, FL 33444 274-8558 08/01/06 avid Cook ffice: 276-4194 Appt 07/06/04 01 Southwest 33m Place ome: 732-4193 oynton Beach, FL 33435 276-4190 07/01/06 renda Montague ffice: 278-0300 Appt 07/06/04 443 S Coral Trace Circle ome: 272-0257 dray Beach, FL 33445 09/30/06 oasalind Murray ffice: 276-8640 Appt 07/06/04 138 Via Poinciana #411 ke Worth, FL 33467 08/01/06 erry DonF rancisco ffice: 278-3364 Appt 07/06/04 o S Ocean Blvd 361-8284 dray Beach, FL 33483 278-3328 Contact: Scott Aronson - Parking Management Specialist 243-7286 CommiSSIon Lwson. 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Home Phone: BusUu:ss Phone: E-~hil~h~(. Cell Phone: Fa..._ 5b' J9-J- )DID 50r 330 & /f.(u -++ <A. ...-1 P '-y ~t ~ '74-'1 ,; 5/p{ 330323'1 6_ he you a reglst;t;.rcd voter? ~~ If 50, wber:e: dI:C you tegistet:cd? I {.-a. l- 16ea 7_ lJJh3( Boud(s) llC you inrerested in scrviag? PldSelist in order of prefecc:nce: c..a... . . " . list ~ City Bo:u:ds on which you arc ~ sa:ving or. he 'lTe r~,no~ SCI:Vc& (please include dates) C,~ A. pt\rkl(\t 1I\Q. r' . ));8. v~;r1 7/ ..-- 10. List:my cekted professio03l c~Q.tions Uld licenses which you hold: M. f VIA. \:I F.. i Po.. ct.("' 11. Give your.: prcscn.t, OI: most recent cniployex, ~nd position.: Cftt-fJtJ L~bf}L GiZ-CJt-tp f.A. . '12. Desctihc expenco(;CS, skills ox: knowl-cdg-:; -which quili1Yyou to sttv~ on clUs board: (please:1.tbch a brief rcsume) F-~ V\Q YI<...'-P ~eC\.l ts -h~ ~~ I hcr:d'f certify that ~ the ~l?o""e stat=cnts arc ttu~ ~d I ~ee :a.ud undcrst:l.nd. that: :.lay miss.[lt[eD1cot of n);3.tcml facu d- - P lic:to.on lIl:.i.y t;; f~~citUJ:c upon my part of any "3-ppointment I may r6CeiYc.. CO 'JVO{ ;1E l\u ~ck Note: Th.is applic:l.tloX1 willrem.mu on file in the Ci"o/ Gcrk's Office for-a pcri.od of2 ycu:s &00.1. the da.te it"W3S submitted.. It will.be the 3.pplic:m..t.'s r~on$ibiliry- to e.Q:5urc that:"::L cune.o.t: :olpplicacion is ou file.. S\CCIT.:1P-E<Jnl'O.uD'<A1'lUC.Al1ON' o~ {llV, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~'" - REGULAR MEETING OF SEPTEMBER 6, 2005 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 2, 2005 Attached is the Report of Appealable Land Use Items for the period August 15, 2005 through September 2, 2005. It informs the Cotnmlssion 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:\Clty Clerk\agcnda memos\apagmem 090605 I CITY COMMISSION DOCUMENTATION I TO: THRU: LANNING AND ZONING FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF SEPTEMBER ,2005 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS AUGUST 15, 2005 THRU SEPTEMBER 2, 2005 l ACTION REQUESTED OF THE COMMISSION I The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of August 15, 2005 through September 2, 2005. I BACKGROUND I 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. I PLANNING AND ZONING BOARD MEETING OF AUGUST 15, 2005 ~ No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: . Recommended approval (5 to 0, Mark Krall stepped down and Diane Borchardt absent) of the abandonment of the east five (5) feet of a portion of SE 2nd Avenue, lying adjacent to Lots 1-18 (less the south 10' thereof), Subdivision of Block 85, in conjunction with the Avenue East Project. . Recommended approval (5 to 0), of a Future Land Use Map amendment from County HR-8 (High Density Residential-8 units per acre) to City MD (Medium Density Residential 5-12 du/ac) and annexation with initial City zoning of RM-8 (Medium Density Residential-8 units per acre) for Gramercy II, located 620 feet west of Military Trail and 710 feet south of West Atlantic Avenue. t SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF AUGUST 24, 2005' ~ A. Denied 6 to 0 (Dan Carter absent), a request for an exception to the master sign criteria for a tenant panel located on the free standing plaza identification sign for Subway, -------- ~ - ---- City Commission Documentation Appealable Items Meeting of September 6, 2005 Page 3 the demolition of the later addition to the north elevation, construction of a new addition and the conversion of a rental unit to a two-car garage at a contributing residence located at 226 South Ocean Boulevard. An appeal of the Board's decision has been submitted by the applicant. l RECOMMENDED ACTION l By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - September 6, 2005 L .30 CANAL a Q: ------------------- '" 0;: '" ':':l 2: \ ! ~ '" 0 <<: '" ~ ~ .... ~ == ,...J U) '"' ~ ~ '" w ~U .... ~ r' 2: lli >- ~ U) "'I (1)1 ~ ::;1 a :&1 <'i IDA :>:: LAKE I ",I '" I '-.) 51 ~. LAKE / ~I 1 <<: t '" r r- - L _ _ _ ,-- N VI 2ND ST --, r- I L___-.l , I I I I L_ L__ _______...1 I 1 S VI 2ND ST '-, ATLANTIC In I~ ~ t.JL, cu :0- ~ <<: L iE: iE: .... '" ~ .... a S: S: ~ 1 Q: 0:: U) U) ==1 ':':l ~I '" 0 ....1 '" .... LOWSON BOULEVARD 10TH ..... ...... I ~ >-1 18 ~ ~ <<: ~ "'I ~ ~ Lu '- _I '" ...... .... '0 :&[ :t: ~ LINTON BOULEVARD I ,,~ ='1 I "'" aiD I I G"RJd44' L_ I I TOft" ",o~D , 1 I ?It ~ I I I :z ;>:1 I 1 ~ .... <( 5' I I "'I ,-__.J '" ~ ~ I '" ILl ~ I '" '" '"' :z W 0 <.> ------------------------ - i L.3B CANAL C.1S CAIJAL ~ SPRAB HE8 A. SUBWA Y 1 134 NE 1ST AVE B. CLARIDGE HOUSE 2 215 NE 5TH COURT - - - - - CITY L'rATS - - - - - C CUGINI GRILLE 3 305 SE 7TH AVE D HOCKER'S RESIDENCE 4. 706 NE 2ND ST I ONE MILE I E. DELRA Y WEST PLAZA 5. 226 S. OCEAN BL VD F OCEAN TERRACE TOWNHOMES GRAPHIC SCALE G COLONY PALMS CITY OF DELRA Y BEACH FL PLANNING & ZONING DEPARTMENT NOVEMBER 2004 .. DIGITAL BASE MAP SYSTEM.. MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER f1Ju1 \ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 6, 2005 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 2, 2005 This is before the City Commission to approve the award of the following bids: 1. Contract renewal with Chemical Lime Company for the purchase of bulk Quicklime at an estimated annual cost of $500,400.00 via the City of Boynton Beach Co-op Bid #068-2821-05/JA. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals) FY 05/06. 2. Contract award to RCC Consultants, Inc. in the amount of $46,000.00 for the City's 800 MHz radio coverage improvements for Highland Beach and the annexation area of the Delray Medical Center. Funding is available from 001-2311-522-31.90 (General Fund/Other Professional Services) . 3. Purchase award to R. George & Associates, Inc. in the amount of $81,748.00 for the purchase of 135 chairs for the Delray Beach Public Library. Funding is available from 380-3552-571-64.10 (2004 G.O. Bond/Library/Office Furniture/Fixtures). 4. Purchase award to Allcomm Networks, Inc. in the amount of $20,400.00 for the purchase of materials and installation to complete the underground fiber optic loop from Fire Station #1 to City Hall. Funding is available from 334-6111-519-62.45 (General Construction Fund/Capital Outlay /Data Cabling). 5. Purchase award to Postalcraft America, Inc. in the amount of $30,675.00 for the purchase of 149 double mailbox units and 42 single mailbox units for Rainberry Woods per the Strategic Task Team lrutiative. Funding IS available from 334-6130-541-49.90 (General Construction Fund/Neighborhood Enhancements). 6. Contract award to JMW Construction, Inc. in the amount of $349,916.00 for the Lake Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park) and 442- 5178-536-63.90 (Water/Sewer Renewal and Replacement Fund/Other Improvements). The City has applied for grant funds which, if recelVed, will allow us to add back those items which have been cut from the project. 7. Contract award to West Construction, Inc. in the amount of $325,604.50 for the Mike Machek Boy Scout Park Project. Funding IS avaliable from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Hut Park) and 442-5178-536-63.90 (Water/Sewer Renewal and Replacement Fund/Other Improvements). The City has applied for grant funds which, if received, will allow us to add back those items which have been cut from the project. Recommend approval of the above bids and purchases. s:\c.ty Clerk\agenda memo\B.d Memo 090605 ------ MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager 9-^' THROUGH: Joseph Saffor~~ce Director DATE: August 22, 2005 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING SEPTEMBER 06, 2005 - CONTRACT RENEWAL BULK QUICKLIME FROM CHEMICAL LIME COMPANY CITY OF BOYNTON BEACH CO-OP BID #068-2821-05/JA Item Before Commission: City Commission is requested to approve the contract renewal with Chemical Lime Company for the purchase of bulk quicklime via the City of Boynton Beach Co-op Bid #'068-2821-05/JA at an estimated annual cost of $500,400. Background: The City of Boynton Beach is the lead agency for this cooperative bid. This co-operative bid was awarded at the City of Delray Beach Commission Meeting of August 19, 2003. The City of Boynton Beach has renewed the contract with Chemical Lime Company for an additional term of one year with the expiration date of August 02, 2006 per attached memo dated August 10,2005. Chemical Lime Company had agreed to extend the contract with the exception that the delivered unit price will increase to $139.00 starting August 03, 2005. This increase is due to manufacturing and distribution costs and additional fuel related surcharges. (This is a increase of $21.44 per ton from original contract award in 2003). See attached memo from Chemical Lime Company dated July 11, 2005. The unit price also includes an increase in price due to freight rate increases on our existing contract per memo dated February 01, 2005 from Chemical Lime Company and City of Boynton Beach approval memo dated April 14, 2005. The Manager of the Water Treatment Plants recommends renewal to Chemical Lime Company per attached "Contract Extension Letter" dated June 17, 2005. The estimated annual usage for the City of Delray is 3,600 tons for an estimated annual usage of $500,400. Recommendation: Staff recommends the renewal with Chemical Lime Company for the purchase of bulk quicklime at an estimated annual cost of $500,400. Funding from account code 441-5122-536~21 (fiscal year 2005 for months of August and September and fiscal year 2006). S'2.. ~.$ Attachments ~'< ,t 08/15/2005 - 08:41 5617426316 BOVNTON BCH FINANCE PAGE 04 -- ---tft."'..- ~. ~VIfI J......c:I" '- 1 m. 6834250686 p.l ~Chemica!y~ July 11. 20()5 Ms. Janet Allen Purchasing Department City of Boynton Beach PO Box 310 Boynton Beach. Florida 33425-0310 VIA FACSIMILE Dear Ms. Alltn: This letter is in response to your request for mformation relative to consideration of an opportunity to renew the existing lime supply agreement bet\a,.'een the City of Boynton Beach end Chemical Lime (or an additional period. As you are aware, Lime production is energy intensive, requinng about 18QOoF to convert chemical grade limestone to lime. Transponation to our Florida distribution facilities ftom the Alabama lime manufacturing plants is also energy mtenslve. im'oh'ing both rail and trUck transportation modes, The eost of energy has been ~reasing d.ramatically. Chemical Lime is agreeable to extending our lime supply agreement with the City of Boynton Beach and tbe members of the Purchasing Co-op for another term if we are able to pl1SS along increases in our manufactunng and distributjon costs, as well as pass along additional fu~l related surcharges when they occur, These added costs would bring Z ~ delivered pric~s to $139.00 at the start of the new period (8/3/05). Per your instnJCtions, we have ex.~uted yout extension form in the affirma.tive with the condition that we may increase prices effective August 3,2005, M. always, your busme8& i~ appRCiated at Chemical Lime Company. Please call me if you have any questions. Very truly yours. CHEMICAL LIME COMPANY ~/.~~ J L. Thompson Florida Manager Enclosure (1) C,"Iemical L'llte :;orr.pllf'ly P.O. 80)( 11:;1 f"(liberry, /-Jr.'ridll 33860 ------- Jun 17 05 03:28p WTP LAB 5612437316 p. 1 The City of Boynton Beach Procurement Servk;es 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Ruc'" F/orUfa 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 NAME OF BID: "ANNUAL CO-OP BULK QUICKLIME" BID#: 069-2821-04/JA Agreement between the City of Boynton Beach, Owner; and CHEMICAL LIME COMPANY (Company's Name) Contract Extension Period: AUGUST 3, 200S TO AUGUST 2, 2006 ..,/" Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to submit a Certificate 0' Insurance along with this agreement and will name the City of Boynton Beach as additional insured. No, I do not wish to extend the existing Bid proposal prices for an additional year. c/ry C~ .bce ~A y ~ L. .4-c.# ~~ ~, ~dh.~ NAME OF COMPANY GNATURE ...:7 ~ ~ N- /Y? ,o~L.LA ;e" aJ . T. ""'. /7;9- /l(" A- <::r.c.. ,e NAME OF REPRESENTATIVE TITLE (please print) - .- 6-/7~c:>r- s6 / - Q1. ~ S - 7.s / 7 DATE (AREA CODE) TELEPHONE NUMBER ~, ~~ Am~~~~~_y~~eG~am '- 08/15/2005 08:41 5617426316 BOYNTON BCH FINANCE PAGE 07 1Ju, Cltg 01 BoYZltOlJ Bettcb. PROOURJi1M1J:NT SIllRYIOES 100 E. BOYN'PON BEAOH BOULJ/!VARD P.O. BOXS10 BOYNTON BEACH, FLORIDA . 934S6-08:J.O ~HONBNO: (StJ1) 74414J3.1.0 FAX: (581) '74B.(J316 April 14, 2005 CHEMICAL LIME COMPANY P.O. BOX 1137 MULBERRY, FLORIDA 33860 RE: "CO..oP BULK QUICKLIME" BID# 069.2821-04/JA . Dear Mr. Jordan: The CO-OP FOR BULK QUICKLIME has agreed on the increase in price) due to the freight rate increase on our existing contract If you have any questions or concerns. please contact this office at (561) 742-6322. Sincerely, ~~ Mary Munro Assistant to the Finance Director /ja 00: Tom Fitzserald - Chief'Opetator. Ulilitic:s BaIt Water Treatment Plant City ofBo)'nton Bach. - Tom Fitzgerald Clt)' orDeby Beach -.hQJ M. Buc:cu-d City ot~ Worth - DebbyCo.lt City of Riviera Bau:h - Glmdtlta Williams City ofWcat Palm Beach -J C ChmxUec So. Central ~ooal . WWTP-~ Coab Vlllap of WeJlitlgton - Jim VoIkmIn Central fj1c: File A.MERIOA '8 GATlUWA YTO 'I'HJJl GULFSTRJJ:AM 88/15/2885 88:41 5617426316 BOYNTON BCH FINANCE PAGE 8'3 CJF~!!;,To!ca!J:LT!; Ms. Janet Allen, Buyer Palm Beach County Cooperative clo City of Boynton Beach Procurement Services 100 E, Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Subject: Bid #069-2821-041 JA CO-OP Bulk Quicklime Dear Ms. Allen: This letter is in reference to our Lime Supply Agreement, bid #069-2821-04/JA (CO-OP Bulk Quicklime). Our contract allows for freight rate increases as follows: A. Official written notice with back up documentation must be supplied to each participating government entity thirty (30) days prior to the effective date of proposed freight adjustment. B. Such adjustments must be supported by official printed evidence of such revisions from the governmental agency having jurisdiction over such costs. C. The CO-OP will acknowledge in writing the receipt of proposed freight adjustments and will advise their acceptance or non-acceptance of same. In the event of non-acceptance, participating government entities' contracts will be terminated as of the effective date of proposed freight changes. D. If freight rates are accepted and advanced during the contract period, tbe participating government entities will pay the increased cost; if reduced, the entities will receive the benefit of any reduction. Chemical Lime Company will incur, effective March 11 2005, an increase in truck freight rates (supporting documentation from Commercial Carrier Corporation is attached). Truck freight rates will increase on each of the identified freight rates stated on tbe existing contract on the same date. A table of the truck freight rate changes is shown below: Old Rate: New Rate: $6.89 $8.82 $7.37 $9.41 $8.09 10.19 Chemical Lime Company P.O. 80x 1137 Mulberry. Floflda 33860 - ~-- 5617426316 BOYNTON BCH FINANCE PAGE HI 08/15/2005 08:41 As indicated earlier, these increases are freight related. There has been no change in the cost of lime. If you have any questions, or need additional information, please do not hesitate to call me. As always, Chemical Lime Company appreciates your business. Sincerely, CHEMICAL LIME COMPANY =Q.~~ Eliza th A. Hart Sales and Distribution Supervisor ends AGENDA ITEM NUMBER: "6'1 t \ AGENDA REQUEST Request to be placed on: September 06, 2005 Date: August22,2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval for renewal of annual contract with Chemical Lime Company for the purchase of bulk quicklime at an estimated annual cost of $500,400 via the City of Boynton Beach Co-op Bid #068- 2821-05/JA. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Renewal of annual contract with Chemical Lime Company for the purchase of bulk quicklime at an estimated annual cost of $500,400 via the City of Boynton Beach Co-op Bid #068-282/JA. ~ -:5$ Funding from account code 441-5122-536- .21 for FY 2005 for August and September and FY year 2006. 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): .9 Funding available: Yes~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:8 (/M No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved [ITY Dr: DElRRII I~arll ' - --' . - -- ~ - -- - -; j ~ .;: " ~ _ - -: - c _ .".~,,"._l> ~ ~- - <J;;~. -. __ }".. - ";:r, ~- ;"-r_~""''! _~$~...c~ ~ {~.:_~ };t FIRE-RESCUE DEPARTMENT c.;-riE/'-i\:1 . HiGHLAND BEACh DELRAY BEACH f lOll. ., ^ ~ AII.America City , III I! 1993 2001 MEMORANDUM TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief SUBJECT: Radio Consultant Sole Source Vendor DATE: August 29,2005 Please find enclosed a quotation for professional services from RCC Consultants, Inc. for the City of Delray Beach 800 MHz radio system coverage improvements for Highland Beach and the annexation impacts in the area of the Delray Medical Center. We are requesting RCC Consultants, Inc as a sole source vendor for this project. This firm was the city's consultant for the development and purchase of the original radio system in 2000 and has an extensive understanding of the system configuration which should expedite the needed work. Highland Beach will participate in the cost for work related to the Highland Beach area based on the final negotiated amount with RCC. The cost for this project will not exceed $46,000.00 with funding from account #001-2311-522-31.90. It is my recommendation that we place this item on the September 6, 2005 Commission Agenda. \{~D.l -----<0 Kerry B. Koen Fire Chief KBKlcls FIRE-RESCl!E DEPARTME~!T HE ADOll;:.RTE. "':'; . ~.C' ,.'fES T J'.T~_~ ~-FiC ,WE"WE . DELRAY BEACH FLORIDA 33444 ,'-,.-' ~,"":F..;_,_-': 'I'. r.-::6..\ ,,.:-,~;., ~'..~-71P" g,<,~ __" I ~ ~.' . ____ _,",._"".r~-".;o;f.Jo-,~ ,r . ~ Dl!lR.. ftaJ '~~pn[. H [ITY DF ; . 1;.. ". 1t'~r~itft~ >* FIRE.RESCUE DEPARTr.J1ErJT ScS'j.f'JG uE:LR-'\y 13:';-\ (>'j . GuLF STREAM . HiGHLA.ND BEACH DELRAY BEACH ~ A11-AmlricaClty , III ,~ 1993 MEMORANDUM 2001 TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief SUBJECT: Attached Proposal DATE: May 16,2005 The attached report from RCC Consultants, Inc. relates to our need to develop a definitive correction plan for present radio coverage problems in Highland Beach and prospectively with annexation impacts in the area of Delray Medical Center. We have discussed both of these issues in the past and we now have an updated proposal in hand which addresses both matters so we can move in the short term to a "solution" phase. The matter of fimding is less clear. The Highland Beach component should be more the responsibility of Highland Beach rather than Delray Beach; however there are interrelated issues that could place a portion of the cost in our court. The annexation area of the DMC is our issue entirely, although when seen in context of the joint application of Fire-Rescue and Police issues, some component cost may be assignable to both agencies. None of this is covered in our current budget, and we did not include it in the forthcoming budget, but that could be amended at this point to include the appropnate costs. This project needs to proceed, but I need your thoughts as to how we might fund the review work. I am also forwarding a copy of the RCC proposal to Mr. Sugarman for his information. I have discussed this matter briefly with him, but without specificity as to consultant cost assignment or actual hardware/software solution dollars. r~1?'( ~ Fire Chief Enclosure: I cc: Mr. Sugarman Chief Schroeder Mrs. WIckert FJRE-RESCL';:: QEPA::rr~j!t-ilT H~~.D'~I__!'\'::~ ~,~~:-.. ~ 501 '.Ai~S ~ E.,TLJ",f\ji~!C r- I~:~, ~!t':. OE:~HA/ BE,i.\CH. FLCR10A 334~-i.4 ,,"i\ :__ -!.7'~1:~, '- ~:-J._'< (5:r)~ 21.:; -~~T).{ ,- _, " :{ '. ~ /i l,::.(i ;:;ci ')'<" - - ----~ ----~-~- - ---~------......-~- - --'-- < , ~ RECEIVED ~CC .- May 12,2005 I~AY 1 6 . Kerry B. Koen, Chief DELRAY BEACH Delray Beach Fire-Rescue Department 501 West Atlantic Avenue FIRE DEPT Delray Beach, FL 33444 RE: Quotation for Professional Services for City of Del ray Beach 800 MHz Radio Coverage Improvements - Highland Beach and Annexed Area Dear ChiefKoen: RCC Consultants, Inc. (RCC) is pleased to provide the City of Delray Beach (City) a quotation for professional services to investigate improvements to radio coverage for the City's 800 MHz Motorola trunked communications system. RCC understands that problems with the current system have existed for some time and there have been several attempts at analyzing the problem but with no solution at hand. Specifically, the City experiences poor radio coverage at the Delray Medical Center located at 5352 Linton Boulevard, and the Town of Highland Beach for which the City provides fire-rescue services. The problem is especially acute in the immediate vicinity of the hospital emergency room, both inside and outside. Moreover, the hospital building has become more of an issue this year because it is included in the City's annexation area. The City is now faced with fire suppression for the Medical Center, a task made difficult without adequate radio coverage. At Highland Beach, radio coverage is generally poor throughout the town, raising issues with firefighter safety inside condominium and other high-rise structures. RCC further understands that the solution to the City's radio communication problems must be a citywide solution, not just applied to the Fire-Rescue Department. The City desires an aggressive approach, with consultant services proposed on a turnkey basis beginning with an assessment and definition of the problem and ending with test and acceptance of the cure. RCC has considered the City's request for turnkey services. We agree with the approach that the consultant stay with the project from beginning to end and have interest in the project's outcome. However, in the City's best interest, we see the need to propose and perform the project in two phases - the first being the assessment and definition of the problem(s) with alternatives for cure, and the second being the design, procurement, implementation, test and acceptance of the selected alternative. The reason we desire this two-step consulting approach is that the outcome of the first phase has a direct effect on the fees charged for the second phase. The quantity of engineering and consulting hours can vary widely with alternative solutions. The following Statement of Work defmes the tasks required to undertake this project based on RCC's understanding of City requirements. Included are descriptions of the tasks that will be undertaken to provide a thorough evaluation of the problems, resulting in alternatives and RCC Consultants, InC. 930 Thomasville Road, Suite 200 . Tallahassee, Florida 32303 tel (850) 224-4451 . fax (850) 224-3059 I - ------ - -"- - - - -----~~--'---~~----- . Kerry B. Koen, Chief Quotation for Professional Services May 12,2005 Page 2 recommendations that will guide the City in its decision to enhance or build upon the current system. We have also included our cost proposal and pricing assumptions. The work efforts for Highland Beach and the Annexation area are described and priced separately to facilitate budgeting for services. WORK PLAN PHASE I A - 800 MHz RADIO COVERAGE IMPROVEMENT, HIGHLAND BEACH Task 1 - OrieJltation Meeting During the orientation meeting, RCC will meet with City of Delray Beach public safety managers and personnel to learn specifically those areas in Highland Beach where 800 MHz radio system coverage is lacking. We will also discuss any proposals for remedial efforts made by Motorola, the City's communications system supplier. Finally, any other operational considerations, which may affect coverage resolution should be discussed during this forum. Task 2 - Site IDspection Following the orientation meeting, RCC will inspect potential transmitter sites at Highland Beach. The City's radio system vendor, Motorola, previously recommended the Tosacanna n Condominium as a potential simulcast site. Should the City have another site in mind, RCC will inspect that site or both per the City's request. RCC will report on the suitability of site(s) with respect to providing radio coverage and accommodating the space and environmental requirements of the radio system. Tasks 3 and 4 - Coverage Testing RCC will next investigate the coverage problems within the Town of Highland Beach. RCC will utilize a pair of City-provided radios operating on a City Talkgroup to evaluate the quality and reliability of coverage in those areas. Additionally, RCC will measure RF signal strength at a number oflocations to quantify the signal strength of transmissions emanating from the Delray Police Department radio transmitter site for later computer modeling of coverage. Using appropriate roaming talkgroups, RCC will repeat the above tests using a pair of City- and/or County-provided radios, which are programmed for roaming on the Tri-City South County Hub and the Palm Beach County SmartZone systems. Assuming these radios are programmed with the optimum roaming handoffthresholds, RCC will evaluate the quality and reliability of coverage in the affected areas. Additionally, RCC will measure RF signal strength at a number oflocations to quantify the signal strength of the County and Boca Raton (Cooperative) radio transmitter sites for later computer modeling of coverage. - -- , - -- - - --------------..-~~~------ ...._~<~~- - ----- Kerry B. Koen, Chief Quotation for Professional Services May 12, 2005 Page 3 Task 5 - Interim Report RCC will compile field test data and produce an interim report of its findings relative to system performance in the Town of Highland Beach. Task 6 - RF Coverage ModeliDg RCC will generate coverage maps to quantify the areas of coverage versus non-coverage. Computerized coverage predictions will be used to assess alternative designs for coverage improvement. RF coverage modeling assists in determining the best solution, locating transmitter site(s), and selecting appropriate antenna patterns. Task 7 - Technical Alternatives Report and Budgetary Cost Estimate There are potentially several solutions to the coverage problems. These might include: . Bi-Directional amplifiers and distributed antenna systems within specific buildings . Channelized Cell Enhancers to provide coverage extension . Simulcast site(s) . Roaming within existing SPBC cooperative sites or County sites . Intellirepeater roaming site( s) . Conventional repeater site(s) Each of these many solutions has either a performance or cost limitation. Some require additional frequencies, which may not be available. Others may be unfeasible due to operational needs or may pose certain technical risks. RCC will develop an alternatives report listing the potential solutions to the coverage problems. This report will include a narrative of the potential technical solutions, pros and cons, risks, and magnitudes of cost for each solution. The alternatives report will include a table to compare the cost-benefit of each solution. RCC will provide a budgetal}' engineer's cost estimate of the most likely solution(s) to the coverage problem. Task 8 - Presentation of Final Report RCC will travel to Delray Beach to present its key findings and recommendations to Delray Beach public safety managers. We will assist the City in making the best decision for coverage improvement within the Town of Highland Beach. , I I ~- - - .--- --...... - ~.:.-_. Kerry B. Koen, Chief Quotation for Professional Services May 12, 2005 Page 4 PHASE I B - 800 MHz RADIo COVERAGE IMPROVEMENT, A.~XATION AREA Task 1 - OrieDtatioD MeetiDg During the orientation meeting, RCC will meet with Delray Beach public safety managers and personnel to learn specifically those areas in the City's Annexation Area where 800 MHz radio system coverage is lacking. RCC understands this area includes the Delray Medical Center. During orientation, RCC will also request specific infonnation as to planned City operations within the annexed area of annexation, e.g. police, fire/rescue, and public works/public service. Any other operational considerations, which may affect problem resolution, should be discussed during this forum. Tasks 2 - Coverage TestiDg ace will next evaluate the annexed area of the City, including testing of hospital interior problem areas. RCC will utilize a pair of City-provided radios operating on a City Talkgroup to evaluate the quality and reliability of coverage in those areas. Additionally, RCC will measure RF signal strength at a number oflocations to quantify the signal strength of transmissions emanating from the Delray Police Department radio transmitter site for later computer modeling of coverage. Task 3 - InterfereDce ADalysis RCC will also investigate to what extent Cellular or NEXTEL blanketing interference might be causing coverage problems. RCC will locate nearby transmission towers or building mounted antenna sites, which are in the vicinity of a coverage "hole" and will make on-street signal strength measurements to detennine if those sites are a potential contributor to the City's coverage problems. Task 4 - Interim Report RCC will compile field test data and produce an interim report of its findings relative to system perfonnance in the annexed area of the City of Delray Beach. Task 8 - RF Coverage Mode6Dg RCC will generate coverage maps to quantify the areas of coverage versus non-coverage. Computerized coverage predictions will be used to assess alternative designs for coverage improvement. RF coverage modeling assists in detennining the best solution, locating transmitter site(s), and selecting appropriate antenna patterns. Task 9 - Tecbnical Alternatives Report and Budgetary Cost Estimate There are potentially several solutions to the coverage problems. These might include: . Bi-Directional amplifiers and distributed antenna systems within specific buildings --------- Keny B. Koen, Chief Quotation for Professional Services May 12, 200S Page S . Channelized Cell Enhancers to provide coverage extension . Simulcast site(s) . Roaming within existing SPBC cooperative sites or County sites . Intellirepeater roaming site( s) . Conventional repeater site( s) Each ofthese many solutions has either a perfonnance or cost limitation. Some require additional frequencies, which may not be available. Others may be unfeasible due to operational needs or may pose certain technical risks. RCC will develop an alternatives report listing the potential solutions to the coverage problems. This report will include a narrative of the potential technical solutions, pros and cons, risks, and magnitudes of cost for each solution. The alternatives report will include a table to compare the cost-benefit of each solution. RCC will provide a budgetary engineer's cost estimate of the most likely solution(s) to the coverage problem. Task 10 - Presentation of Final Report RCC will travel to Delray Beach to present its key findings and recommendations to Delray Beach public safety managers. We will assist the City in making the best decision for coverage improvement within the City Annexation Area. PROJECT SCHEDULE RCC will begin work within three weeks from receipt of Purchase Order or executed contract and Notice to Proceed. The completion of this study is dependent on site data and operating parameters that may be provided by third parties such as Motorola or Palm Beach County. However, it is estimated that the entire project will be completed within 90 days ofthe Notice to Proceed. PROJECT TEA.,\II RCC is proposing a team of consultants and engineers whose background and prior experience include the skills necessary to successfully complete the tasks required for the 800 MHz Radio Coverage Improvement. RCC's team will include employees of RCC's Southeast Region Office headquartered in Tallahassee, Florida. Our project team includes senior professionals with backgrounds and qualifications directly relevant to this project. They bring outstanding credentials in those areas required by the project. - ---- ---~ -~~-""- ~ - ~._- Kerry B. Koen, Chief Quotation for Professional Services May 12, 2005 Page 6 More importantly, they bring unparalleled consulting maturity that will ensure a smooth and effective partnership between RCC and the City of Delray Beach. The following team members have been selected to perform the tasks of the project: Consultant Expertise Jerry Kessler, Director Project Management and Contract Administration Joe Leikhim, Managing Consultant Field survey, coverage and interference evaluation, development and presentation of alternatives Lew Phillips, Senior Consultant Field survey and testing, interference evaluation, compilation and reporting of field results Shaun Hancock RF Coverage Modeling PRICING Costs for RCC's professional services reflect the scope of work outlined in the work plan offered in this quotation. The City may elect to increase or decrease the scope of work proposed, at which time the final fee will be negotiated between the City of Delray Beach and RCC and adjusted accordingly. Pricing for Phase II of the project, which is anticipated to be Final Design, Procurement, ImplemenUltion, and Acceptance of the Radio Coverage Solution, will vary in accordance with the alternatives proposed. RCC will price its Phase II fee with each formal alternative presented in the Phase I effort. PROFESSIONAL FEES RCC hourly rates: Tide Hourly Rate S ~ Director $200.00 ~ Managing Consultant $175.00 >- ~ Senior Consultant $150.00 Ro Consulting Assistant $140.00 (") ~ "!1 - 0 800 MHz Radio Coverage Improvement - Phase I ~ );> Phase lA - Highland Beach $25,833.75 ~ );> Phase IB - Annexation Area $27.508.75 TOTAL $53,342.50* * See pricing assumptions for discount information. . Kerry B. Koen, Chief Quotation for Professional Services May 12, 2005 Page 7 A listing of engineering hours by task and further definition ofRCC's fee proposal is provided as an attachment to this quotation. PAYMENT SCHEDULE Progress billings will be submitted monthly based on the work performed during that month. Payments are due within 30 days of invoice. Payments not paid within 30 days will be assessed a late fee of 1.5% per month. CHANGE ORDERS AND REIMBURSABLE EXPENSES Should the City of Delray Beach at any time during the project desire services that are outside the agreed upon scope of work, RCC will prepare a quotation outlining the estimated effort, resources required, and cost for the requested service. Upon approval of the quotation, RCC will provide the desired services at the agreed upon cost. Anticipated expenses 1 necessary for the execution of the project have been estimated as part of RCC's price proposal.- Out-of-pocket reimbursable expenses will be billed at actual cost plus a 15 percent administrative fee to cover miscellaneous reimbursable expenses. RCC will notify the Client when any unanticipated expenditures are required. RCC will make every effort to ensure that such expenses are reasonable and necessary. PRICING AsSUMPTIONS . Professional fees are based on the estimated hours and expenses included in the pricing for the Scope of Work defined in this document. These may be adjusted by agreement by both parties if additional hours are needed and/or the scope of work is modified. Travel expenses or additional hours required for unforeseen circumstances beyond RCC's control would be billed on a time and materials basis. . Pricing of Phases IA and IB assumes that each of these projects will be performed independently, or the City accepts one of the projects but not both. Should the City agree to accept both projects such that the work efforts may be consolidated, a discount of 15 percent will be applied to each project For the consolidated effort, RCC will seek to consolidate its investigative work into a single trip, will provide report documents addressing both projects, and will provide a single presentation at the end of the Phase I work. . In order to be most responsive to project requirements, RCC reserves the right to move professional fees and expenses among project tasks as needed to complete the scope of I Expenses can include lodging, meals, airfares, rental equipment, rental vehicles, highway mileage at the most current Federal mileage rate, printing, inordinate copying costs, and shipping. ------ . Kerry B. Koen, Chief Quotation for Professional Services May 12, 2005 Page 8 work, as long as the total amount billed to City of Delray Beach does not exceed the contract amount. . The fees and rates contained herein shall remain valid for 90 days from the date of this quote. . Services specifically requiring a registered Professional Engineering review, certification, or seal are not proposed. . Applications for frequency coordination and/or FCC licensing are not a part of this scope of work. Frequency ~oordination and licensing fees to the appropriate licensing entities, whether to the FCC or the coordinating agency are the responsibility of City of Del ray Beach. Availability of frequency bands is subject to .competing applications. RCC cannot guarantee availability of radio frequency spectrum. If requested, RCC will quote additional services to assist the City in the coordination and licensing efforts to secure frequencies for any modified system design. RCC will be pleased to discuss this quotation for professional services with you at your convenience. We are committed to the solution of the City's 800 MHz coverage problems and look forward to working with the City of Delray Beach. Sincerely, ~~ Gerald M. Kessler Director GMKljk C:\WP\Proposals\City of DeIray Beadl\20050512 DeIray 8ch CcMnge Improvement Phase I.doc . ~ ~- ~ ~ ~ ~CC May 12, 2005- RCC CONSULTANTS, INC. TECHNICAL SERVICES CONTRACT 800 MHz Radio Coverage Improvement ; City of Delray Beach _: :-~ Phase IA - Highland Beach - ~- ~- ~'. ~- - ';'E..,' ~ -~ ......."t....-y. <- ^..-;:'- Task# Oescri tion Hours _ .e ' - 1* Project Orientation. Meet with Public Safety Communications Managers, discuss coverage concerns 20 I~ations of non-coverage. RE!~ie\'\l any Motorola proJl~sals. . '. J ~ _--:::_< r~ ~ ~.: \; ~ ' ,"F -">-",, ,- - '- - < 2* Survey an~ inspect potential ~diosites, e.Q. Highland~ Be~ch Toscanna Condoninium. 6 - -- . ~ ~, '_.:--"".; - . - '<~?-~~'~:~-E~;~~~~~-'~-/-/'~~~_:_ ~-~' ~7~~ ~_;,~~7-. ~'~ "~~~^-',;-~- J _ ": -:-~ ,"{ 0.- .,;;< "J;'_'- - ---,- ':. :: :. ~~. -_:~:- 3* Drive-test Highland Beach problem areas - measure RF signal strength from Delray Beach PO site. 8 -, , , ~-{~~~- ~ .- t~~ _ .~ ,,~ ~>r_~~;<-,~:f~~~t_~-~.~~:~._,::._~;-~,,-> _'t--'~ ~~ c~~:~~;} -::~~;;~,~- i:;~ ;,~ :_~<_~_:"--' -, u~'".:;.~: - ~/, ~-~~ _ ~ _, c 4* Drive-test Highland Beach problem areas - evaluate roaming modes. Measure RF signal strength 12 from Boca Raton and PBCSO sites. City to provide two radios with County and Boca Raton -'.~ -'-_.:-", -- "'.' -",_ r~ _ -, _>~ '. _ _ _'/. _ ','__ _ -,'_ .~_ - - {~ - c.,.-:;. ,_ / '" 5 Compile field test results, report on _findings. 20 , . --; " 6 Calculate baseline radio cove~e. Prepar~ ~verage prediC!ion maps for alternative designs. 32 7 Draft alternatives report with pros and cons of potential alternatives and provide engineer's estirnate 40 of cost of improve~ts for 1w? most likely a,lternative~. ~_...:.' . ~ _.' ,.. " '- _ r:... ~_-~: _ ~ ;-~_~_.... . ~ ~_' - ~ - 8* Present alternatives report to Public Safety Communications Managers. 8 -~]:f../ -, " f'-: ". ' " - ~ ,-> ' "- ~-"" ~, -~ 'y;~:~. -:;:/~ ~; ~ ~ ,; -. ~ - '. T, " --, ~. .J' ,- - ',' - - - , -, .- , "';';:-_:,,( ><;; ~-, ..~ .L, _~:- .~ ...-'" - t" ~ -"'..t_ .,.,. - (~-, - - ~ .;>.. ~ ..-- ,~ ,-- ~"r:'r'.. " " - ,- , ,- '- ....~-' .: - - ~lf,_ ,- . .... < ~ - " ""-.,, '- ~,., , - ...::'~ ' _....'" v"- . z ~'--'. .- , , -,- ~ >' , ,- " , " ; > , -, ~ ( - " -~ .- , , , ~- > TOTAl, . 146 20050512 Delray Beach 800 MHz Coverage ImprovemenCHighland 8ch.xls , i -- -- ~ ~- ------ -- -- -- ~~- ~ ~ ~cc " May 12, 2005 , RCC CONSULTANTS, INC. TECHNICAL SERVICES CONTRACT " 800 MHz Radio Coverage Improvement " City of Delray Beach , " ' , ; Phase IA - Highland Beach - ""'~ ';. (5 --- , '. , , ' " ~ :'- Direct Engineenng Expenses '" Hours Rate Subtotal " - 'j- , Director $ 200.00 $ - , ( - Manaaina Consultant 63 $ 175.00 $ 11,025.00 , - 0 Senior Consultant 63 $ 150.00 $ 9,450.00 ~. ' -,.. - :'~ '- Consultant 20 $ 140.00 $ 2,800.00 ;. . ~ <:~~~itC{j~{::, : ~ ' ."-'" . . - Total 146 $ 23,275.00 $ 23,275.00 " 11-, .' J - .. oj C :' .... - .' ,~- . ".~ 0, ~ - ~-' ' , , , ~ " ' , . h~;:' ~ _',__ . . - , , ' " Travel and Per Diem Expenses .:,;LL J' '~A= _ . Rate Subtotal .. <<,"c,":: :, . u. 2 Round Tno Airline Fares #1 @ $ 400.00 $ 800.00 Round Trio Airline Fares #2 (a! / ,', 7 Man Davs oer Diem @ $ 150.00 $ 1,050.00 . 5 Davs Rental Vehicle em $ 75.00 $ 375.00 - -- --- , ~ ---: ~ ~e. - ~- Miles@ $ 0.35 .; : Total $ 2,225.00 $ 2,225.00 " . . General and Administrative Fee 15% $ 333.75 $ 333.75 , ' " r " . . Miscellaneous Expenses -",.'" ;:':, ,,', " , .' _: $ - Total $ 25,833.75 . 20050512 Delray Beach 800 MHz Coverage ImprovemenLHighland Beh.lds I I ~ ~CC May 12, 2005 , ,> . ,.~ RCC CONSULTANTS, INC. TECHNICAL SERVICES CONTRACT , ,,800 MHz Radio Coverage Improvement " ,~ City of Oelray Beach ~ ,.oz :' ,. Phase 18 - Annexation Area f'.' < ",. . - -~ ''>--, ~">-;>.- --, ,-t : <..!~->-i~< :,'r.. ~..' ~ '"'~ ..,+ " _ :-__f~.__-- 1 * Project Orientation. Meet with Public Safety Managers, discuss coverage concerns - locations of non 20 coverage. Identify area~ of annexation. . " ':; ,. ~ ~-=~',-o-- _~ -::-r"~ .;~.._~ c _ .~_ ~':. ;:_-~--~ ~F,.r"r_ .-~ ~_ 2* Evaluate annexed area including testing of HOspital interior problem areas - measure RF signal" ~ 1 ~. strength from Delray Beach PO Site. .' ,,~,~; ,e;y: ,~,?i:;/",;1:i.:%t:;c:,. ~ 7c:'~;gA ':~t:~~:' ~::~~<!~~tj~!'lt~s-' :.~ . , ' , ~~~~,~~t.i::;fr;::<'~:": :: . ; :~'i}~?~i'1~i~; 3* Evaluate NEXTEUCELLULAR interference in vicinity of Hospital and annexation area. 20 ,', C' ~ "_ .:---' :.:~{".' . .C ".... ,::::: ',' ,. " s:, :,' ,'" ~:'!;l~~ji:~ 4 Compil~, field test results, re~rt on ~n~in{J"s~?, _ , " 20 " 'y<. '~,;',:,:, .:';,'\,C}', '~;zLfZ:':'f~;';.;-:. '~,', " ':~,_~_..,~" _ __ 5 Calculate baseline radio coverage within jurisdictional area. Prepare coverage prediction maps for 32 alternative designs. 'ii, .~ ,: '.'"" ,', , ~, ',' ,~.-,~ " , ," J)/,':. '" , . 6 Report findings and reconvnendatons and provide engineer's estimate of cost of improvements. ~~~:" -:-'-.. ..~v ~-..; -'" ~ ' +' ~ _: ~ ~ 7 ~ _ :,' \ _ , .' . < _ >:_ -:_:" _ _- _ _. 7* Presentation of findings and r~~nd':l,tions. -..I'~ ~ ~;,~"~'\'~ -- <~':'~F ~__,.. ~ _~'V '. ~ ~-;;.~ ~<" ,;:- + ~~;1,' -; Y~'_'""'_ ~_ ': ::."O~_ " ,...._ _ .__~ _+_'+ ~,"<'j;_,O ' 'i.:';, '7' "/'~ 'o>J~",_, >", "; ~"'::'_ ", 'j " " - 0_- _ ^ _. + :~~' ,,: "J;': -'-,' '.' .'--::~- ::;~_{- - >7~< ~~ ":~ _,,:~', " - . - - <:, , c~ ~ , jo. , -~ 'f' +. <.;. , _-c.. - " ;f.~- ,~ , ~' ;j ~:._;_. :;~.~ ..< .r_ __~ ~ _ ~_ _ ~_ _';+ ;'''-'~_ ___ ~,,- ~:- -, ".;'0,+ .-f _>~_; r - _-; _~~~ , , - TOTAl, 1~' 20050512 Delray Beach 800 MHz Coverage Improvement_Annexation.x1s ~- --- -- - ---- -' --~ . ~ ~ ~rc May 12, 2005 RCC CONSULTANTS, INC. TECHNICAL SERVICES CONTRACT 800 MHz Radio Coverage Improvement ", City of Delray Beach " Phase IB - Annexation Area " .. " " " ~ , . Direct Engineenng Expenses . . . . HoulS Rate Subtotal . Director $ 200.00 $ - , Manaaina Consultant 70 $ 175.00 $ 12,250.00 Senior Consultant 66 $ 150.00 $ 9,900 00 , Consultant 20 $ 140.00 $ 2,800.00 '> ~ - -~ , , - - - -...~ - , '< ," ,,, '.' <;.~ ' Total 156 $ 24,950.00 $ 24,950.00 '. . . . . " . Travel and Per Diem Expenses . . _-=-.f"~ _ _~_r_-__~_ Rate Subtotal v 2 Round Trio AIrline Fares #1 @ $ 400.00 $ 800.00 Round Trip Airline Fares #2 tal " 7 Man Davs per Diem IBl $ 150.00 $ 1,050.00 5 Davs Rental Vehicle @ $ 75.00 $ 375.00 __. -- Miles IBl $ 0.35 Total $ 2,225.00 $ 2,225.00 General and Administrative Fee I 15% $ 333.75 $ 333.75 . . Miscellaneous Expenses . ' $ - Total $ 27,508.75 . 20050512 Delray Beach 800 MHz Coverage ImprovemenCAnnexalion.x1s Date: August 23, 2005 AGENDA ITEM NUMBER: '6'f, ~ . AGENDA REOUEST .......jl Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: September 6. 2005 Description of agenda item (who, what, where, how much): Proposal from RCC Consultants. Inc. for the City of Deltay Beach 800 J\IHZ raffio unprovements. not to exceed $46.000. Recommendation: Approve the recommended vendor. Department Head Signature: \r .cv .1~C ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (re9uired on all items involving expenditure of funds): ~ Fundmg Available: Yes I. . 0 Initials: Lt:( Account Number <96/ -23f( -!:? Z . s /-90 Description ~ yr6+e&S;Jy"J WVIU..s Account Balance: $5 ~ C; () 7- g U Funding Alternatives: (if apphcable) City Manager Review: Approved for Agenda:@ / No Initials: rr/\ \ Hold Until: Agenda Coordinator Review: Received: MEMORANDUM 10: David Harden, City Manager FROM: Patsy Nadal, Buyer ~ THROUGH: Joseph Safford, Finance Director DATE: 8/2312005 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING SEPTEMBER 06, 2005- R. GEORGE & ASSOCIATES, INC DELRA Y BEACH PUBLIC LIBRARY Item Before Commission: City Commission is requested to approve the purchase of an assortment of 135 chairs for various areas of the Delray Beach Public Library in the amount of $81,748.00 from R. George & Associates, Inc. per Quote #1935, dated August 03,2005. Funding of $25,1 04.41 will be from the Library Funiture Bond and the Library will provide the City of Delray Beach with a check for the balance of $56,643.59 . Backaround: Furnishings for the Delray Beach Public Library are per design drawings and specifications provided by W. Ray Jennings Interior Design. Cost includes delivery, installation and labor. Quote #1935 Received 08/16/2005: R. George & Associates, Inc. $81,748.00 Your Office 84,428.00 Gain Furniture, Inc. 89,148.68 Workscapes South LLC 91,031.68 Recommendation: Staff recommends purchase of 135 chairs for the Delray Beach Public Library in the amount of $81,748.00 from R. George & Associates, Inc. per specifications stated in Quote #1935, dated 08/16/2005. Funding from account: #380-3552-571-64.10 $25,104.41 Library Issued Check $56,643.59 Attachments: Quote #1935 Tabulation, dated 08/16/2005 Memorandum f/John J. Callahan III, DB Public Library Director Acct. 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(I) ~ ~ g ~ 8 ~ ~ 8 (') 0 )> f "1:1 - -- ioIO ioIO ioIO ioIO ioIO ioIO ioIO m (I) ~ .. ~ ~ g: m (I) III ~NlIO ~ ~ ~ Ol <11 ~ ~ 0 oCo'N -...... i>> -...... ~ ~ i ~ c w ~ ~ ~ ~ ~ -I ~ .. N ~ .... .... . % c.c.o g ~ ~ 8 ~ ~ 8 1IO 1IO 0 r- r- (') ioIO ioIO ioIO ioIO ioIO ioIO ioIO c: -> '"ul _2 NON ~ (lD ~ & ~ 8 . (') 1IO 0 1IO 0 0 0 .. g g g 8 8 8 8 8 8 8 ;odl'~ ;g~~ · - - :' Putilic Library MEMORANDUM TO: Patsy Nadal, Buyer Purchasing Department City of Delray Beach FROM: John J. Callahan III ~ Delray Beach Public Library Dir~for DATE: August 22, 2005 RE: Furniture Bid Award ~ \e.GT {t /1{JOt./:--/3 =================================================~=======~== Upon reviewing the Tabulation of Quotes which you received on August 16, 2005, it appears to me that the overall lowest responsive bid has been provided by R. George & Associates in the amount of $81 ,748.00. I recommend that the purchase order be awarded to R. George & Associates. The addition of this purchase order to those already awarded will bring the total dollar value encumbered from the Library bond fund to $1,056,643.50. Since the Library bond only equals $1,000,000, the Library will provide the City with a check for the balance of $56,643.50. 1 5/ b ~6/ f.9J.t3. s-q I ""' cc: Joe Safford ~ ~ "'P Finance Director ~ v'tf- ,y''" ") ~"" 29 Southeast Fourth Avenue · Delray Beach, Florida 33483 · (561) 266-0194 Fax (561) 266-9757 AGENDA ITEM NUMBER: '6 't.3 AGENDA REQUEST Request to be placed on: SEPTEMBER 06, 2005 Date: August 22, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase of an assortment of 135 chairs for various areas of the Delray Beach Public Library in the amount of $81,748.00 from R. George & Associates, Inc. per Quote #1935, dated August 03, 2005. Funding of $25,1 04.41 will be from the Library Funiture Bond and the Library will provide the City of Delray Beach with a check for the balance of $56,643.59 . ORDINANCElRESOLUTlON REQUIRED: YES NO _X Draft Attached: YES NO _X Recommendation: Staff recommends purchase of 135 chairs for the Delray Beach Public Library in the amount of $81,748.00 from R. George & Associates, Inc. per specifications stated in Quote #1935, dated 08/16/2005. Department Head Signatul1l: ~ ~ ~ Detennination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Q.utt-~ No Funding alternatives: (if applicable) Account Number: #380-3552-571-64.10 Account Description: MACHINERY/EQUIPMENT/OFFICE FURNIFIXTURES Account Balance: 'f~/7LI?J ai~ aljO-~ 1rCVJ1~V J City Manager Review: rl Approved for agenda: e No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved tifJJ MEMORANDUM TO: David Harden, City Manager FROM: Patsy Nadal, ~\fJ THROUGH: Joseph Saffor . ce Director DATE: 8/29/2005 SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING SEPTEMBER 06,2005 - FffiER OPTIC CABLE LOOP Item Before Commission: The City Commission is requested to approve the completion of the public safety underground fiber optic loop from Fire Station #1 to City Hall, in the amount of $20,400.00 with installation and materials per proposal dated 08/26/2005 from Allcomm Networks, Inc. as a sole source provider. A11comm Networks, Inc. is a sub-contractor for Adelphia. Back2round: The fiber optic loop completion is necessary in order to maintain network connection in the event of any damage to the current cabling that loops from the City Attorneys office, City Hall and Fire Station # 1. Recommendation: MIS recommends the fiber optic loop completion in the amount of $20,400.00 to be installed and materials supplied by Allcomm Networks, Inc., a sub-contractor of Adelphia as a sole source vendor. Funding from account code: #334-6111-519-62.45. Attachments: Proposal Dated 08/26/2005 MIS Email 08/22/2005 Ce: Jackie Rooney, Purchasing Manag~ 3'1,Lf Aug 26 05 01'19p R S Arline 561-627-5312 p.2 ALLCOM~ NETWORK~ INL I 13150 S.E. Rera Avenue Hobe SDund. FL 33455 August 26, 2005 Gaetano Buzzelli MIS Mangel: 16,975- + City of Dehay Beach 3,425-+ 100 ~.\X~ 1st Avenue Dekay Beach, FL. 33444 2=,4DO- 0 Dear: Gaetano Allcomm Networks, Inc. hereby proposes to provide all necessary labor, tools, and equipment with an option to provide material (1,600' of 2" sch 40 PVC pipe, 2 pull boxes, and 4,000' of 12 count single mode loose tube fiber optic cable) to install from the Delra)' City Attorneys office to fire station #1. Labot Cost $16,975.00 Material Cost $ 3,425.00 Sincerdy, ~&-:- Steve Arline Vice President PHON E: (772) 546-5001 FAX: (172) 545-3343 Page 1 of I Nadal, Patsy From: Buzzelli, Guy Sent: Monday, August 22, 2005 2:29 PM To: Nadal, Patsy Subject: Underground Fiber Cabling Loop Patsy, MIS recommends that we use the Adelphia Sub contractor Allcomm Networks Inc. as sole source to perform the Fiber Optic Loop from the Fire Station to City Hall. Thank you, Guy 8/22/2005 AGENDA ITEM NUMBER: ~'1. Lf AGENDA REQUEST Request to be placed on: SEPTEMBER 06, 2005 Date: August 22, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: The City Commission is requested to approve the completion of the public safety underground fiber optic loop from Fire Station #1 to City Hall, in the amount of $20,400.00 with installation and materials per proposal dated 08/26/2005 from Allcomm Networks, Inc. as a sole source provider. A1lcomm Networks, Inc. is a sub-contractor for Adelphia. ORDINANCE/RESOLUTION REQUIRED: YES NO _X Draft Attached: YES NO _X Recommendation: MIS recommends the fiber optic loop completion in the amount of $20,400.00 to be installed and materials supplied by A1lcomm Networks, Inc., a sub-contractor of Adelphia as a sole source vendor. Department Head Signature: -:l: ~,~ Detennination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Q r:J:;( d3 No Funding alternatives: (if applicable) Account Number: 334-6111-519-62.45 Account Description: CAPITAL OUTLAY / DATA CABLING Account Balance: $7~ BIo/;/7 City Manager Review: Approved for agenda: ~ {flJ) No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM ~ TO: David Harden, City Manager FROM: Patsy Nadal, Buyer THROUGH: Joseph SaffOrd,~nce Director DATE: 8/31/2005 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING SEPTEMBER 06, 2005 - POSTALCRAFT AMERICA MAILBOXES F/RAINBERRY WOODS Item Before Commission: City Commission is requested to approve the purchase of one hundred and forty-nine (149) double mailbox units and forty-two (42) single mailbox units for a total of three hundred and sixty-five (365) homes in Rainberry Woods in the amount of $30,675.00 per quote by Postalcraft America, Inc. as per the Strategic Task Team Initiative approved by City Commission meeting on January 18, 2005. Price includes installation, removal and disposal of existing units with a two (2) year warranty on workmanship. Proposals were requested and received as follows: 149 Doubles 42 Sinales Total Postalcraft America, Inc. (installation included) $24,585.00 $6,090.00 $30,675.00 Beautiful Mailbox Co. (installation $6,685.00) $23,840.00 $4,200.00 $34,725.00 Backaround: The Rainberry Woods Neighborhood Action plan is the second in a series of plans taking a comprehensive approach to community building through a Strategic Task Team approach. The Rainberry Woods Strategic Task Team was initiated in May of 2003. Under the "Landscape and Beautification" section, page 38 of the plan, it was decided that mailboxes would be replaced with a standard style mailbox. A number of types and styles were submitted to the Rainberry Woods committee and the Double Ivy Vine with a pineapple top in black with white letters was selected. Recommendation: Staff recommends purchase of single and double mailboxes for Rainberry Woods in the amount of $30,675.00 per proposal dated 08/08/2005 from Postalcraft America, Inc. Funding from account: #334-6130-541-49.90 Attachments: Proposals Dept. Memo Dated 04/25/05 and 07/25/2005 Rainberry Woods STT-page #35 & 38 Cc: Jackie Rooney, Purchasing Manager CjJ'- ~'15 El8/B9I2ElEl5 B9:BEl 9546986197 POSTALCRAFT PAGE Ell/B1 Rue ~s 05 ~SI02a 854 --sse -s 1-$'7 ,~ pwl t? ftH ~ ~. ffirs. ~d. ~A ,.t. \ .' /~" -:"-::'=:9 J~ '. .... J. "'''~J''' ~ ~ ~ ('". ".' , 14,) . .' .Gt ...~ -"-- AMERICA INC" ~. · ~~. ,~-.-J~ NzAl":lUEAC'TURlN{s · SALES &. tNS'lALLAnoN 5199 NW 16th Street. Bay 811 Aug. 6, 2005 Margate. FI()flda 3S063 (954) 971-76&> fA FAX {954) 69B-6197 RE: Rainberry Woods Maflboxes Dear Mr$. Nadel, . Here '$ tbe flnal quote and dlscription to replace the mailboxes - jn Rainberry Woods. DesCrjption = 3" round aluminum tubet. nlvy Vinelf braoket. aluminum 00>:; top and pineappl~ finial. AU units wi'll be powdel'a)8ted gloss bfack wi white vinyJ address numbers. Price inolUdes fostaflatlon fn . concrete, removat and disposal of exfsting units and a 2-yr warranty on Workmanship. w* A dispOse! dumpter will b~ located Qn the site. Pricee; For 365 .Homes 149 Doubts Units @ $165.00 each l;;; $24,585.00 42 Single Unit$ @ $145.00 each;: fir09O.OO Grand Tota1 $30,675.00 Tenns~ 50% depos1t required to order materia's. Approx 6-8 week$ for installation to begin. BALANCE due upon C9mpJetion. .....PJease Note any road work. drain repairs or irrigation work will need to be completed before any units -can be ~nstaUed. ~~ Andrew . t~ President ~ ~A~4..~ Qlc'l- t).'f3- )t~(p . , ~h . ,- - - _-.0_- .. r .~ ~."~ J , -. \ \ . . ,<f, t~;.. '...'t),.;.... _ ...of }'''f-. h.{I . ......~, ' 15340 15380 '>",,: \ ~_. ~ ." . ,~.._ .t.~'/~~.~~_ .:' :-~ " ...~ :'->, . ~:~ i~~l~- r .- ;/ '~$~'~:' oj k :~.~~. ~.:t\ t :- I " . ; , '1 <# \ U,. ;,.:'\^., , . ~j \ , . ,~. ";~'.;,''J~}(};;. 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'\ - :~t\\~ '- ~ "'}~: \ , . ..., 1\. ? ::- ;' ~ -.;. i Beautiful Mailbox Company @ ~ fJ 4839 SW 148 Avenue, Suite 505 ~..fi~. r Davie Florida, 33330 Phone 954-792-MAll (6245) Fax 954-792~830 ctf;!t_/_m We are pleased to submit the following bid to: .:.J Company City of Delray Date 07/26/2005 Address C/O Patsie Nadal Phone 561-243-7161 Address 100 NW 1st Ave Fax 561-243-7166 City, State Zip Delray Beach, Fl 33444 Contact: Patsie Nadal Quote 2 of j Project: City of Delray Model Description Color Qty Price Extended SEV 200 SGL Sevilla Model - Side Mount - Single Mailbox Satin 42 $100.00 $4,200.00 PC 2 Pineapple Cap, BMC Fluted Post Black ONE - Ribbed Aluminum Mailbox Can White Vinyl Address Numbers SEV 200 DBl Sevilla Model - Side Mount - Double Mailbox Satin 149 $160.00 $23,840.00 PC 2 Pineapple Cap, BMC Fluted Post Black TWO - Ribbed Aluminum Mailbox Can I White Vinyl Address Numbers INSTAll Installation of above in cement 191 $35.00 $6,685.00 Subtotal $34,725.00 PAYMENT TERMS: Sales Tax * 0.0% $0.00 1 Bid Price subject to acceptance within 60 days and is void thereafter Shipping at the option of Beautiful Mailbox Company Total $34,725.00 2 Any deviations from specifications inVOlving extra costs must be in Deposit 0% $0.00 writing and will become an extra charge over and above the estimate. Balance $34,725.00 * Note: Please provide documentation of tax exempt status Please sign and return to acknowledge acceptance: Signature Print Name Title Thank you for choosing the Beautiful Mailbox Company s~ Vice President "':r'..... :'. ~." ...~ ~ - '4 - ~~,. .. . J.,<,.-"[ --- --- r------ ~,Z;l:""N ____ L.. _H__. ~ ~ Sevilla 200 - Double Mailbox .' , , ~ . I ~~\\ \ \;-Q{ " ,. Memo To: Lula Butler, Director Community Improvement From: Janet Meeks, Education Coordinator Date: April 25, 2005 Re: Mail Boxes - Rainberrv Woods SIT Implementation The Mail Boxes are ready to be ordered for Rainberry Woods. The task team has selected the Double Ivy Vine with a Pineapple top in Black with white letters (see attached picture). The quote includes installation including the street numbers, removal and disposal of any existing units. Prior to ordering the mailboxes, we need to determine how many single and double units are required and a list of street addresses. Every house in Rainberry Woods will be receiving a mailbox, there is no option in this neighborhood. As noted on the attached letter, the company we have selected to order the mailboxes will require a 50% deposit and it will take 6-8 weeks to begin installation. Therefore we would like to start this process as soon as possible. When the information is ready and the order is to be placed, please contact Debbie Ives at (954) 520-0716. . ! , plan revolve around the recreation areas. Improvements include the removal I of the fence post and racquetball court, the addition of new playground · equipment and landscaping. This will be completed in Phase III of the plan. The HOA has kept the pool area and deck in good condition. The fence I around the pool was noted as an issue as it is a 6' high chain-link which ! gives the pool area "prison" like look and the gate is usually locked. Changes , to the fence material were never brought up after some of the initial i meetings and is therefore not included in the action plan. This item may want to be discussed again with the homeowners and done at a later time with homeowner association monies. I Housing and Code Enforcement I Concern: Lack of property Maintenance of individual properties~ Action Taken: The Code Enforcement Division has developed a property : maintenance standards booklet for distribution to the residents of Rainberry Woods. This will help educate the residents of common code violations and steps for remedy. Concerns: II The neighborhood had issues with overcrowding, rental f properties, and absentee landlords. Action Taken: The concern with rental property and illegal room renting will be addressed by Code Enforcement through investigation and issuance of appropriate violations as needed. The addition of the city Rental Hosing Inspector will be of assistance as well as brochures, booklets and meetings. with absentee landlords. i Landscape and Beautification : Concern: In order to unify the neighborhood, the Strategic Task Team I identified that the entry signs should be upgraded and the landscaping be uniform as well. Also, it was decided that the mailboxes would also be replaced throughout the neighborhood with a standard style mailbox. Action Taken: The City Horticulturist worked with the Landscape and Beautification Committee to identify the areas that needed landscape upgrades and the placement and design of the entry signs. The new signage would be placed at NW 46th Street, NW 49th Street and at NW 5th Street. There will be new irrigation and landscaping installed. 38 ~ n . . :~ir:~~J! t!~~~::;i1!:~~~~~::i:i:~'_."- ~< ;;;_" ~r~ _._ .~_~: _'~~':~ 35 000.00 75 000.00 1 305.00 2 610.00 2 080.00 925.00 $ 80.00 40 000.00 40 000.00 25000.00 25 000.00 7 500.00 15 000.00 $ 1/500.00 $ 48/000.00 Playwerld Challenger 350-0201 I A es 2-5 Years Playworld Structure 350-0204 1 A es 5-12 Years Pia Structure Delive 1 2 022.16 Pia Surface Fiber & Geotextile 1 3 415.16 Installation of 2 Playworld 1 8,947.00 Structures Landsca in Recreation Area Bike Rack / 1 Sidewalks? Re airs on oin lip Removal of Handball Court , Benches for Pia round , -.' -,., 8 35 AGENDA ITEM NUMBER: 'is't .6 AGENDA REQUEST Request to be placed on: SEPTEMBER 06, 2005 Date: August 31, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase of one hundred and forty-nine (149) double mailbox units and forty-two (42) single mailbox units for a total of three hundred and sixty- five (365) homes in Rainberry Woods in the amount of $30,675.00 per quote by Postalcraft America, Inc. as per the Strategic Task Team Initiative approved by City Commission meeting on January 18, 2005. Price includes installation, removal and disposal of existing units with a two (2) year warranty on workmanship. ORDINANCE/RESOLUTION REQUIRED: YES NO _X Draft Attached: YES NO _X Recommendation: Staff recommends purchase of single and double mailboxes for Rainberry Woods in the amount of $30,675.00 per proposal dated 08/08/2005 from Postalcraft America, Inc. Department Head Signature: Detennination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Qrt;f No Funding alternatives: (if applicable) Account Number: 334-6130-541-49.90 Account Description: . GENERAL CON'ST FUNDINEIFHBORHOOD ENHANCEMENTS Account Balance: ~ 3 tit ~ I ~ 7. ~ City Manager Review: Approved for agenda: & tfl,v1 No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.MyDelrayBeach.com TO: David T. Harden, City Manager FROM: Jill Skaggs, Asst. City Engineer J2>- DATE: September 2, 2005 SUBJECT: Lake Ida Park, Project # 2004-054 Commission Agenda Item The attached agenda item is for Commission recommendation for the Mayor to execute a construction contract with JMW Construction, Inc. for the construction of the Lake Ida Park. Bids for this project opened on Thursday, August 4, 2005. Four bids were received, and the apparent low bidder was JMW Construction, Inc. with a base bid of $563,675.85. An alternate bid of $30,000 00 was provided for construction of the wood pier parallel to the boat ramp, for a total bid of $593,675.85. Revisions were made to the scope of work on September 1, 2005 for a revised bid amount of $349,916.00. Attached is the bid tabulation and a breakdown of funding sources by line item for your review. Staff recommends City Commission approve an award of construction contract to JMW Construction, Inc., in the amount of $349,916.00. Funding is available after budget transfers from Accounts 380-4150-572.63-26 ($335,366.00) Lake Ida Park and 442-5178-536-63.90 ($14,550.00) Water and Sewer Renewal and Replacement Fund, Other Improvements. Please place this on the September 6, 2005 Commission Agenda. enc cc' Richard Hasko, P.E., Director of Environmental Services Randal Krejcarek, P.E , City Engineer Carolanne Kucmerowski Agenda File, August 16, 2005 Project File, 2004-054(E) S'\EngAdmm\ProJects\2004\2004-054\OFFICIAL\LI agenda memo 09-06-05 doc 'b'f.to W OiO OiO 0: 0, 0 COO 00 000 U 0'00100 C! 0 COO' 0 O. 000 Q,f a:: 0 C 010 0 O~ 0 COO: 00: 000 rI D.. ~ ~ ~liA fA ~. g ~ g ~ ~ fA ~ ~ ~ - 0 ..0 r-: N' fA ~.. M .n fA -.:i _" fA "; ~ ~ fA ~I fA fn fA fA fA fA .. z Q ~ . .>I >< I ~ w I ~ 0 OiD 0 0 O! 000 0 00' 0:000 O'O.O,Oi 0 OiO 0'0 0 0 '00'0 ._ 00'0.00 0 00 O! 0 0 r-'I' oio ""10 00'0'0'1 <00 0:0:0 ~ 0 00,0 ... 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SF 0 $150 $000 12-B Asphalt Parking Lot Paving SF 0 $200 $000 13 Parkin" Lot Stnoln" LS 0 $3,50000 $0.00 14 Concrete "0" Curb LF 600 $33 33 $19,99800 15 Wheel Stoos EA 0 $55 55 $0.00 16 Asohalt Walklnl! Trails SF 8,370 5200 $16,74000 17 Gradml! and Movml! matenal on SIte LS I $9,00000 $9,00000 ]8 Catch BasinS EA 0 $1,500 00 $000 19 Furmsh and Install 18" HOPE PlDe LF 0 580 00 5000 20 4" Concrete (SIdewalks and Sidewalk Ramos) SF 0 56.50 5000 f--- 21 Slims EA 3 5200 00 $600 00 22 Double SWIn"ml! Gate at Park Entrance LS 0 $4,00000 5000 23 E]ectncal Dlstnbul10n System LS I $]5,60000 S15,600 00 -- Parkin" Lot LIl!ht Fixture Assemblv, 25" 24 EA 0 $4,500 00 5000 25 Park!nl! Lot Lil!ht Fixture Assemb]v, 16' EA 0 $4,00000 $000 26 Plcmc PavilIOn, mcludlng Concrete Foundation EA ] $25,000.00 $25,000 00 ------- r DnnkmgFountams, mcludmg Concrete Founda.tlOn EA I S3,500 00 $3,500 00 -, 28 BIke Rack, mcludml! Concrete FoundatIOn EA 1 SI,OOO 00 SI,OOO 00 -- --- - - 29 Concrete Pad for Park Benches SF 330 $10.00 53,300.00 30 .. Ir~h ~e~ej>tllc)ll~t mcludmg Concrete Foundation EA 4 $1,25000 $5,000 00 3] . Qrtlis, Illcludmg.s:;o.ncrete FoundatIOn ._ EA 3 $35000 $],05000 - 32 Park SIl!n LS I $4,00000 $4,00000 --. 33 ~cllon Sll!ll LS 0 $500 00 $000 34 Restroom BUlldml! LS I $98,000 00 $98,000 00 35 Boat Ramo LS 0 $30,000 00 $000 36 ",S~BUllt Drawmgs LS I SI,OOO 00 $1,00000 - 37 Trees - Relocated EA 2 51,00000 $2,000 00 f----- ~- Gumbo Limbo EA 4 $21600 $864.00 __3~_ Gell!er Tree EA 2 $390 00 $780 00 40 Royal PomcJana EA 8 $240 00 51,92000 41 LIve Oak EA 10 $270 00 $2,700 00 42 Sabal Palm EA 20 $145.00 $2,900 00 43 Bald Cvoress EA 9 $240 00 $2,16000 44 Silver Buttonwood EA 79 510.00 5790 00 45 CocoDlum EA 318 510 00 $3,]8000 46 Dwarf Fakahatchee EA 0 56.00 50.00 47 Dwarf Fuebush EA 60 510.00 5600 00 48 Muhlv Grass EA 434 $6.00 $2,604 00 49 Walters Viburnum EA 0 $10 00 $0.00 _. 50 St AUl!Ustme Sod SF 91,900 $030 $27,570 00 5] J,-andscaoe Iml!al1on System LS I $30,000 00 S30,OOO 00 52 Genera] Allowance LS I $15,00000 $15,00000 - _.~-- 2'ldeo Allowance LS ] SI,OOO 00 $],00000 54 IndemmficatlOn LS I 510 00 $10 00 55 Wood Pier (Alternate) LS 0 $30,000.00 $000 ---- -- - $335,366.00 442..5178-5~~-1i3.9_0_ ~~t~!~n<!Sewer R&RlOther Improv. 6 FurnIsh and mstall 1 ]/4" Water Meter Box Assembly, mcludmg Backflow Prevenl10n Device EA I $2,500 00 $2,500 00 7 FurnIsh and mst~l 1/4" Water Service Connection EA I $750 00 $750 00 8 I'l1.rm~~ and mstall 3/4" Water ServIce Lme LF 190 $20 00 $3,80000 9 FurnIsh and mstall I 1/4" Water Service Lme LF 240 $25 00 $6,000 00 10 Furnish and mstall 4" Samtary Sewer connecl1on to eXlstmg LS 1 $1,20000 $1,20000 I] FurnIsh and IDstall 4" Samtary Sewer Cleanout EA 1 $300 00 $300 00 $14,550.00 TOTAL CONTRACT AWARD $349,916.00 I IItems deleted or revlSed from Contractor's ongmal bid Lake Ide Park Improvements Page 1 of 1 City of Dekay Beach No 2004-054 ---------- Date: September 2, 2005 AGENDA ITEM NUMBER: ~ ~ ,l.p O_K;~ · ..:i:~:Y...'. .. . .-,",;~.,,~ . -". - .~. AGENDA REQUEST Request to be placed on: _Consent Agenda _X_Regular Agenda _ Workshop Agenda _Special Agenda When: September 6, 2005 Description of Agenda Item (who, what, where, how much): This agenda item is for Commission recommendation for the Mayor to execute a construction contract with JMW Construction, Inc. for the construction of the Lake Ida Park. Bids for this project opened on Thursday, August 4,2005. Four bids were received, and the apparent low bidder was JMW Construction, Inc. Staff recommends City Commission approve an award of construction contract to JMW Construction, Inc., in the amount of$349,916.00. Funding is available from Accounts 380-4150-572.63-26 ($335,366.00), Lake Ida Park and 442-5178-536- 63,90 ($14,550.00) Water and Sewer Renewal and Replacement Fund, Other Improvements. Staff Recommendation: ~ ~ Department Head Signature: tzloS City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: 00 Initials: t.t:i:;; See above Account Number ~ove Description See Above Account Balance: See Above Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~ I No Initials: -rt-1 J?~~ -It p----", ~ . t 'L.. Ii {,'-r I~ tv -,:.-- L\ l Hold Until: Agenda Coordinator Review: Received: S \EngAdmm\ProJects\2004\2004-054\OFFICIAL\L1 agenda 09-06-05 doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.MyDelrayBeach.com TO: David T. Harden, City Manager FROM: Jill Skaggs, Asst. City Engineer ~ DATE: September 2, 2005 SUBJECT: Mike Machek Boy Scout Park, Project # 2004-053 Commission Agenda Item The attached agenda item is for Commission recommendation for the Mayor to execute a construction contract with West Construction, Inc. for the construction of the Mike Machek Boy Scout Park. Bids for this project opened on Thursday, July 21. Four bids were received, and the apparent low bidder was West Construction, Inc. with a bid of $442,344.50. Revisions were made to the scope of work on September 1, 2005 for a revised bid amount of $325,604.50. Attached is the bid tabulation and a breakdown of funding sources by line item for your review. Staff recommends City Commission approve an award of construction contract to West Construction, Inc., in the amount of $325,604.50 Funding is available after budget transfers from Accounts 380-4150-572.63-25 ($313,134.50), Boy Scout Hut Park and 442-5178-536-63.90 ($12,470.00), Water and Sewer Renewal and Replacement Fund, Other Improvements. Please place this on the September 6, 2005 Commission Agenda. Attachments cc: Richard Hasko, P.E., Director of Environmental Services Randal Krejcarek, P.E., City Engineer Carolanne Kucmerowski Agenda File, August 16, 2005 Project File, 2004-053(E) S \EngAdmm\ProJects\2004\2004-053\OFFIClAL\MM agenda memo 09-06-05 doc '6'1,'") , ' cD 8 8 :5 g 8 8 g g- g: g g 8 g ! 8 g g g' g g 8 g 8 g 8 8 g g g g g g g ~ C) ~ aoooLOOOO,OOOOO :oo.oo!ooooOOOOOOOLOCOOJ""t""t co -0 <Ij 0 0 0 0 ,..... 0 0 ..,.; 0 w- a 0 Il9- fA- fA-" fA- fA-' 0 0 a ... t;t 0 0 OaT"" ..- 0 co "'if co C\I C C C"I 1t)~N..U1O.<x)_('I')_""'_ 0>. \'().N. i ~LtlO_ o.o_qT""_('I').C"l~T"""_wq"""_ "c; ~~i: ~w~~ffl~~ ~ ~ER. : ~ffi ~t;~~~~ ~ ~w C ~ - fA- fA- fA- fRo fA- II I Z9.: fA- ~ . , Cl g I' .5 - 0 0 0 0 U') 0 010 0 0 0 00 _ 0 0: 0 0 0 0 010 0 0; 0 0 0 0 0 0 0 0 0 0 > ~ 0 0 DON lO 0; 0, 0 0 0 0 0 : 0 0 0 0 0 0 0 q 0 0 0 0 0 0 0 II) 0 U') co co CO u a 0 0 0 en It) co' U') 0 0 0 0 0 . 0 co 0 0 0 0 0 0 0 0 0 0 0 0 0 co N m CD co Q. ~ ~ ~ g 8 ~ fA- fA- t;: g g ~ ~ g 8 tt g g ~ ~ g 8 ~ g g 8 ~ ~ ~ ~ ~ ~ fA- fA- o ~~~~ .riri~~ri ~ ~~W~~~fA-d~ri~fA-fA-fA-fA- f/) ;:: Nff)C"')..- NuttR-WV) fA- WN fA-COtR- NfA-tflfA- f/) C fA- fA- fA- 69' fA-,.... tI)- o =- ... 0:: i g g g g g 8 g:g g 8:8 gig g 8 g g g g g 8 g g g g g g g g g g g g . 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E ~ ... ... <.) {t", Q fi E 'S.. ~ e '30 ] ,g ~.~ l5...g SZ 0-5 ..~::s g .5...~ lei 'E ~ .. < 1;; .- "" c 0 <= ,0 ;,J." :I: ..; ~ ~ cO ~ 2 :a'2 1/ ~'i fii '?'",;-.; 0] 0; ~ E ~2J.a ~ ~ -g -g .~ s ~ .~ E ~ -g ~ '0 ~ </JO_",,,,O::....:it..L._<_ -!!i~1O! ::;0 III ~ . ~O "l:tlr)\Cr---OOO'\O-N~-.:t !:Z MMMMMM-.:tV-q-vv - _~__ O~~ --~-- --- --- Mike Machek Boy Scout Park Improvements PIN 2004-053 Fundina Sources DESCRIPTION Unit Price Extended Price 380-4150-572-63.25 Park & Recreation G.O.Bond ---- -- --- --- ... ----... ---- ----- ---- --- -- ---- ----- ---- ---- ---- ---- -------- -- ----- ---- ---- --- ---- ---- ---- --- ---- -------- ----- ----------------- ----...-- I Mobilization LS I $26,300 00 $26,300 00 2 Maintenance of Traffic LS I $2,00000 $2,00000 3 Clearing and Grubbing LS I $3,250 00 $3,250 00 4 Site Grading LS I $9,10000 $9,10000 5 Asphalt Concrete Path ( I" ) SY 1500 $26 00 $39,00000 6 Concrete SIdewalk Construction SF 600 $585 $3,51000 7 MIscellaneous Concrete SF 300 $6.00 $1-,80000 8 5' Ornament Fence LF 0 $39 00 $000 9 V Itacourse LS 1 $10,84200 $10,8420_0. 10 Security Gate LS 0 _ $5,746 00 $000. .. 11 Water Fountain WIth Drain LS 1 $6,000 00 $6,000 00 12 Bike Rack LS I $1,00000 $1.00000 ---...-------- ---------------------.....-----...----------------.....------------ ---------.....-- ...-------------- --------$6:000.00- 13 Pressure Clean & Paint Scout Hut & Pump LS 0 $000 House -- n_ _ --- - - --------- - -- --- ---- -- ----- ---- ----- ----- --~ 14 Pavement ~ar_killg.s_ &_ Signag~ _ ____ __ LS 0 $693 00 $000 ----- --- -------- - --- IS Concrete Wheel Stops EA 0 $34 00 $000 --- ----- - - - 16 Park Sign EA 0 $7,00000 $000 17 Picnic Shelter EA 0 $30,00000 $000 18 Barb-b-que Gri lis EA 2 $380 00 $760 00 19 Trash Receptacles EA 2 $960 00 $1,92000 20 Restroom Facility LS I $90,000 00 $90,00000 21 Seal Coat Parking Lot LS 0 $17,18000 $000 - --- --- - -- 22 18" Corrugated Aluminum Pipe LF 0 $75 00 $0.00 23 Site Electncallmprovements LS 1 $23,544 30 $23,54430 27 Mahogany EA 7 $390 00 $2,730 00 28 Gumbo LImbo EA 7 $390 00 $2,730 00 29 Crape Myrtle EA 3 $19900 $597 00 30 Sabal Palmetto EA 24 $15600 $3,744 00 31 Cnnum Lilly EA 3 $59 00 $177 00 32 Cocoplum EA 121 $1040 $1,25840 33 Plumbago Imperial Blue EA 196 $1040 $2,03840 34 Sand Cord EA 264 $1040 $2,74560 35 Dwarf Fakahatchee EA 212 $1040 $2,204 80 36 IndIan Hawthorn EA 144 $1040 $1,49760 -- --- -- -- -- --- ---- ---- 37 Sod- St. Augustine SF 0 $032 $000 38 Satm Leaf EA 16 $390 00 $6,240 00 39 Royal PoinCiana EA 4 $481 00 $1,924 00 40 Live Oak EA 14 $60100 $8,41400 4\ Flrebush EA 89 $960 $854 40 42 lrngation Improvements LS 1 $41,943 00 $41,943 00 43 Allowance Allowed 1 $15,00000 $15,00000 44 Indemnification LS 1 $10 00 $1000 --- -- ---- - -- --- -- ---- ----- ---- ----- ------------- ---- --------- --------- ------------- --------------- -------------------- $313,134.50 442-5178-536-63.90 Water and Sewer R&R/Other Imp'rov. --- --------------- ------ [---~:--T~~~~~~:.~~~f.::;~~;:,~~~----l--~~--r--:----] [If;; $4,16000 $2,200 00 _____~?_____ __~:_~_~~~?.I_~_~~~~~_~~:_~!~~_!~~~_~~_~~!!~!~L____ _____~~_____ _______!_______ $6,11000 $12,470.00 TOTAL CONTRACT AWARD $325,604.50 I Iltems deleted or revised from Contractor's onglnal bid Mike Machek Boy Scout Park Improvements City of Delray Beach No 2004-053 Bid Tab 1 of 1 - Date: September 2. 2005 AGENDA ITEM NUMBER:~ <0 , .~. AGENDA REQUEST Request to be placed on: _Consent Agenda _X_Regular Agenda _ Workshop Agenda _Special Agenda When: September 6. 2005 Description of Agenda Item (who, what, where, how much): This agenda item is for Commission recommendation for the Mayor to execute a construction contract with West Construction, Inc. for the construction ofthe Mike Machek Boy Scout Park. Bids for this project opened on Thursday, July 21, 2005. Four bids were received, and the apparent low bidder was West Construction, Inc. Staff recommends City Commission approve an award of construction contract to West Construction, Inc., in the amount of $325,604.50. Funding is available from Accounts 380-4150-572.63-25 ($313,134.50), Boy Scout Hut Park and 442-5178- 536-63.90 ($12,470.00), Water and Sewer Renewal and Replacement Fund, Other Improvements. Staff Recommendation: ~,1J{l rlJj1Z5 Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available:6:9 / No Initials: u(;( See above Account Number See Above Description See Above Account Balance: See Above Funding Alternatives: City Manager Review: Approved for Agenda: /8) No Initials: Hold Until: Agenda Coordinator Review: Received: S \EngAdmm\ProJects\2004\2004-053\OFFICIAL\MM agenda 09-06-05 doc 01( SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: July 13, 2005 AGENDA ITEM: IV. D. ITEM: Seagate Hotel at Atlantic Place Class III Site Plan Modification. Landscape Plan and Architectural Elevations Associated with the Conversion of the 24- Unit Condominium and 18,000 square feet of Office Floor Area to Hotel Roomsf Suites. GENERAL DATA: . J= =1--17 f-- I , _ ~ BERKSHIRE I Owner/ApplicanL........................ HHC Atlantic, LLC I J Z BY /HE SE >- AgenL........................................ Thomas Carney I-r-t-- ~ GROSVE"NOR Location.m.................................. South side of East Atlantic f--- - I-- <n,,= Avenue between Venetian LO....V "mal H Drive and Gleason Street. DELRA Y << I 7.'1 ,---- Pro erty S' 2 09 A SUMMIT - = GROVE" ~ P .ze............................... cres CONDO ~ .-- CONOO Future Land Use Map................ CC (Commercial Core) f-----, Current Zoning...._....._....___...____.-. CBO (Central Business BARr? -:r--- b ffRRACE'-- IT District) CONDO rm SPRI~r'f I>nRAY BEACI 'C IMRRIOTT Adjacent Zoning____............North: CBO (Central Business r ... <;: T A ~So:.T N TIC A V E: District) . m II [] n ~ II f- East: CBO (Central BUSiness COMUERClAL. District) CONDO South: RM (Multiple Family J J~ 1 Residential - Medium ~ r-- f Density) & CF (Community tLJ at I I I I 't Facilities). f- m.......... llID~(L- II I I I --j West CBD .(Central BUSIness rmm- DO>OI HOUse cwoorL _ District) r- . OCf:AN PlACC ;; Existing land Use........_....m..___. Shopping center, restaurants" f:= CONDO ~ and rental apartments. : . F -.-J C'OC9VI - Proposed land Use...............___.. Conversion of the 24-unit, I I r---- I ~ l >>tGRAHAN -<( Condominium to a 86-room hotel: =::: I JARDIN DEL UAR k: with 6,647. ,square feet of retail, 5,473 - -~ ffif ~O<LOH c;::po ; --~- square feet of restaurant, hotel lobby : ~ with associated 700 square foot II II office. 893 square foot' = EfFffiBA S S A ~ conference/party room. === 1OINOC~~HOlISf: - == rnEY "....u:l Wat S . E . t' 't er eJVlce........u................... XIS Ing on Sl e. r---- Sewer . . . . LANIKAI SelVlce......_........__u...__..... ExIsting on site. WtlAS CONDO l.Af'IC(R w.\ Y :=EffB · ~l I LUll I I J f ') I ~~~N\~ ~ ~ 1\1 n --- _!'..l . . ~~~i~~~_~' ~i~'_i~'~:~~,~:~.~~:~~~~0, .~~_~~J=~,1~~:~~jJi~:~~::~~~L~~~~~2;~'-:~;~~'=.:..~:] The action before the Board is that of approval of the following aspects of a Class III site plan modification for the Seagate Hotel at Atlantic Place. pursuant to LOR Section 2.4.5(G)(1)(c): o Site Plan Modification; o Landscape Plan; and, o Architectural Elevations. The subject property is located along the south side of East Atlantic Avenue between Venetian Drive and Gleason Street. . - - . __._,-._~'-:i.._~ _. ~:_~'"~~~ ~-, ~ ~ - ~~~_. ~1'~.:. ;;_~~~ :~~~.:- :~~~)- ; ~:~ -~-.__,.~ ~~ -: -~~~.=-.~__~---. .~~~~__~::L -~~~~ ._~ -~..- ~ The subject property contains 2.09 acres and consists of three separate existing developments: the Atlantic Center Shoppes, located at the southeast comer of Atlantic Avenue and Venetian Drive; the Huddle Building, located at the southwest corner of East Atlantic Avenue and Gleason Street; and the Island House Apartments. located 193' south of East Atfantic A venue on the west side of Gleason Street. All of the developments comprising the subject property are zoned Central Business District (CBD). The City's records regarding the Huddle Building are limited, but indicate that the property was development in 1952 as four apartments and two retail stores. The Atlantic Center Shoppes were constructed in 1948, with additions in 1961, 1963 and 1967. The Shoppes were later remodeled on several occasions during the 1970's. The most recent modification to the Shoppes was an architectural elevation change associated with. a new restaurant (Michael's Seafood) that was approved by the Site Plan Review arid Appearance Board at its meeting of October 11, 2000. The Island House Apartments were constructed in 1952 and consist of eight units within a two- story building. The most recent land use action concerning this development was a corrective rezoning from Multiple Family Residential - Medium Density (RM) to CBD. This rezoning, which the City Commission approved at its meeting of June 4, 2002, also induded the south portion of the Atlantic Center Shoppes property. At its meeting of September 24, 2003, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and associatetJ landscape plan for Atlantic Place subject to conditions. The development proposal included the demolition of the existing structures and construction of a mixed use project that contained 24 condominium units; 5,450 square feet of restaurant floor area; 19,620 square feet of retail floor area; and, 18,000 square feet of office floor area. The development included two four-story buildings and a five level parking garage consisting of 283 spaces. The two buildings were separated by an east-west drive aisle, which provided access to the parking garage. The proposal included modification to the on-street parking along Atlantic Avenue and installation of on-street parking along Venetian Drive and Gleason Street ,- - . . . -- SPRAB Staff Report Seagate Hotel at AUantic Place - Class III Site Plan ModifICation, landscape Plan and Building Elevations Page 2 The proposal also included the installation of a full enclosed, air-conditioned refuse/compactor building on the south side of the property along with a six foot privacy wall east of the trash compactor. The following are the conditions of approval: 1. That revised plans are submitted addressing the Site and Engineering Plan Technical Items as indicated in the staff report, and the listed conditions: 2. That the development plans are revised to provide parallel spaces within the Venetian Drive righl- of-way of 22' in length; 3. That the trash receptacles within the south building are depicted on the site plan; 4. That the refuse building is modified to accommodate a dumpster or other container for recyclable materials or contractual services be provided to accommodate recyding off-site. 5. That the garbage for the restaurant (and all other uses) is collected in the local trash receptacles then brought to the compactor by the on-site staff during daylight hours and that there is no use of the compactor during the evening hours; 6. That the photometric plan is revised to comply with lDR Section 4.6.8(B) (3} (c); 7. That the site plan, landscape plan and architectural efevations are revised to depict the locations of all light f1Xtures; 8. That illumination levels (photometric plan) are provided for the interior of the parking garage and the top parking deck of the parking garage; 9. That the fixtures located adjacent to the refuse building and driveway are eliminated and replaced with a single pole mounted light to be located along the south side of the driveway with the light directed towards the interior of the subject property and that the balance of the lighting along the south side of the property is reduced in number and/or intensity so as to act only as security lighting; 10. That a three foot (3') high screen or wall is provided along the interior of the parking garage at the front of the parking spaces to adequately ensure that the headlights of parked vehides are obscured from the exterior of the building; 11. That a plat for the subject development is recorded prior to the issuance of a building permit and that an additional five feet (5') of right-of-way is dedicated for Gleason Street as part of the plat; 12. That the sidewalk is constructed within the Gleason Street right-of-way pursuant to the requirements of LOR Section 6.1.3; 13. That an additional bicycle rack is provided at either the southwest corner of the north building or the northwest corner of the south building; 14. That a,revised traffic study is provided along with the associated recommended improvements, if any improvements are required: 15. That the applicant address the sight visibility at the parking garage entry; 16. That the proposed compact system - proposed trash collection/compaction system, the site plan is contingent upon efficient functioning' of trash system to be approved by the City. 17. That all loading and deliveries occur on the property within the proposed "Plaza Drivew area and that no loading or delivery occurs within the public right-of-way_ 18. That revised plans are submitted addressing the Landscape Plan Technical Items as indicated in the staff report, and the listed conditions; 19. That the Red Tip Cocoplum heQge or an aUernative native hedge species proposed along the south property line is at least 4.5' in height at the time of installation; and 20. That adequate spacing is provided between all "underground utilities to accommodate all landscape materials and that the final locations of all mechanical equipment (Le. FPl, BellSoulh, Cable, etc.) are indicated on the plans. 21. That the applicant shall be responsible for replacing any landscaping material particularly along the south side and the proposed dumpster area to be approved by staff. 22. That additional mid-level palms. such as Alexander's be provided along the north side. 23. That the species in the raised planters are more substantial than Asparagus Fem and extend an appropriate level above the ptaza, ------ - --- . . SPRAB Staff Report Seagate Hotel at Atlantic Place - Class III Site Plan Modification. landscape Plan and Building Elevations Page 3 At its meeting of October 22, - 2003. SPRAB approved the architectural elevations associated with the Class V site plan approval for AUantic Place subject to the condition that a water mark detail be added to the elevations. It is noted that the site plan has not been certified and the site plan approval is scheduled to expire on October 22. 2005. It is also noted that the project was approved prior to the implementation of the design guidelines associated with the Downtown Delray Master Plan. A site plan modification has been submitted to change the use of the approval to a hotel with a separate restaurant, retail. and spa and is now before the Board for consideration. - - - - >- ,- -- - - ~ - - - - - :: ~ - - ( - - ~- - -= ~ - ~ - _ ~~~_:_~ _ ___. ~_~~~~-.:-.~-~-.:.- __;;...;"",_ ~_~L: ...:: _~~~; --,"_ ~-: ~~~~_.:..~.'"'::~~ _ __~--......::.._~~_~---.-...:..-~___~~~~ ~___~ _.._ ~':""'-,,_.,"-.....~_......: The development proposal involves the following: 0 Conversion of the 24-unit condominium and 18,000 square feet of office floor area to hotel roomsl suites; 0 Reconfiguration of the floor area in the north building that will include 6.647 square feet of retail, 5.473 square feet of restaurant, a hotel lobby with an associated 700 square foot office, 893 square foot conference/party rOOm and 86 hotel rooms; 0 Reconfrguration of the floor area in the south building that will include 2,586 square feet of retail, 1,802 square foot housekeeping area, a 4,406 square foot spa. and 18 hotel rooms; 0 Construction of a pedestrian sky walks t>etWeen lhe north and South buildings in the ZOO, 3rd and 4th stories; 0 Elimination of the two fountains along the north'side of the property; o. Reconfiguration of the stairwells and elevatPrs within the southern building; and 0 Modification and installation of a~ciated landscape areas. -ei( No changes are proposed to the previously approved 283 space parking garage. loading areas. refuse container building or on-street parking. _._. 0._ SPRAB Staff Report Seagate Hotel at Atlantic Place - Class m Site Plan ModifICation. landscape Plan and Building Elevations Page 4 .-.-----~_~~_~~_L- fL~~~_~~~~ls.~;j- ~)2 ,--~}i.(:~::~ :~'j:~ ~i.~~{;"~;~~_~:~~:~::-;~:::~~=~ COM~lIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed - by the body taking final action on the site and development application/request. LDR Section 4.3.3{M} - Hotels and Motels: Pursuant to LDR Section 4.3.3(M)(1), each sleeping room shall contain a minimum floor area of 325 square feet including closets and baths. The floor plans indicate that 66 suites are proposed Some of which can be converted into two hotel rooms for a total of 86 rooms. The applicant has submitted a breakdown of each room that indicates that the smallest room consists of 420 square feet. which complies with the minimum square foot requirement. LDR Section 4.4.13 - Central Business District: Since the proposed modification is essentially associated with the use change to a hotel. conformance to the current development regulations is not required. However, the applicable regulations are discussed below. Density: Pursuant to lOR Section 4.4.13(B)(4), multiple family dwelling units, excluding duplexes. are permitted within that portion of the CBO located east of the Intracoastal Waterway up to a maximum density of 12 dwelling units per acre. The density limitations do not apply to the proposed hotel. The applicant has indicated that the proposed _ hotel may utilize a financing method known as condominium hotel. This finanCing tool involves the sale of individual units to investors that may utilize the unit for private use on a limited basis. The remainder of the time the unit would be used as a h(jte~ room that is managed by the hotelier. Future conversion to standard cO'nddminium units would be problematic since the 86 units would exceed 41 dwelling units per acre. Condominium hotels are currently not listed as an allowed use. The applicant has recently submitted an amendment to the land Development Regulations to allow 1he use and is scheduled for the August elanning and Zoning Board meeting. The' analysis contained in this staff report is based on the permitted hotel use. A change from "hotel" to "condominium hotel" may require either a site plan modification or conditional use approval based on the text amendment. Off-Street Parking: Pursuant to l DR Sections 4.4 .13( G){ 1 )( d). the parking requirement for restaurants in the CBO Beach Area is 6 parking spaces per 1.000 square feet of floor area. Pursuant . . -... -- -, -- -- - SPRAB Staff Report Seagate Hotel at AUantic Place - Class III Site Plan ModifICation. landscape Plan and Building Elevations Page 5 to' -LOR Section 4.6.9(C)(3)(a). the required parking for general commercial uses is 4.5 parking spaces per 1.000 square feet of gross floor area. Pursuant to LOR Se(;tion 4.6.9(C)(7){e). the required parking for' hotefs and motels is 0.7 spaces for each guest room and 10 spaces per 1,000 square feet of floor area devoted to ballrooms. meeting rooms. restaurants, lOunges, and shops. The Proposed development consists of 86 hotel rooms _ (0.7 spaces for each guest room). 2,463 square feet of hotel boutique and party room floor area (10 spa~ per 1,000 square feet of floor area). 12.839 square - feet of retail and spa floor area (4.5 spaces per 1,000 square feet of floor area). and 5,473 square feet of restaurant floor area (6 spaces per 1,000 square feet of floor area). Based on the Proposed number of hotel rooms (86) and floor area distributions, the -proposed development is 'required to provide- 176 parking spaces and 283 spaces have been provided. The restaurant was not induded in the hotel parking ratio (10 spaces 'per 1,000 square feet). since the applicant has indicated that it will be a op~rated separately from the hotel. The applicant has indicated that the 107 surplus parking spaces will be available to the public. Other Items: On-5treet Paratlel Parking Spaces: Pursuant to LOR Section 5.3.1 (C), parking lanes where appropriate are part of the standard improvements that are incumbent on a developer. A condition of approval is attached that additional parallel parking spaces are provided along Gleason Street in accordance with direction by the City Engineer. AfJantic Place Site Plan Approval: As not~d in the bacl<ground section of this staff report, the. site plan for Atlantic Place was approved with conditions. The site plan has not been certified, thus con~tiuctiOn of the imp'fovements associated with the development apPrOva1 have - not begi!il~ The outstanding conditions of approval are attached as Exhibit.. A." A condition of approval is attached that these conditions of approval are addressed. Technlcal_.ltems: While the revised--site plan has accommodated most of th~ staff concerns the tOJlowinl) item remains outstanding;- and will need be addressed prior to bUilding-permit submittal. 1. That a 12' -wide water and sewer easement are provided over all water and sewer mains with the plat or by separate instrument 2. That a plat be recorded prior to issuance of a building permit SPRAB Staff Report Seagate Hotel at AIIantic Place - Class III Site Plan ModifICation. landscape Plan and Building Elevations Page 6 - ~ - - - - - ~ -- - - - - - -~ - --- -- - -- - --~-,- -- - ~--- ~~____----'---~~~__ ~~_~~~~=-~ _~~ _j~~~~~~~~ p~_ ~ ~_r__~ ==-___~- _ ~~~ _ - i. ~: ~: _ ._~~~~_~:~_~,~~,~~~>-~_j A revised landscape plan has been submitted and evaluated by tpe City Horticutturalist. The revisions include minor changes to the foundation landseape- areas along the south side of the southern buildings, which have been modified due to the changes to the stairwells. These have been changed to include elevators at all four stairwells; elimination of the trash rooms/chutes; and addition of. an electrical room at the southeast comer of the building. The perimeter landscape areas along the east side of the property have been modified to accommodate the relocation of the sidewalk to the outside of the Gleason Street ultimate right-of-way. The perimeter landscape area along the north side of the property has been increased and will be planted with Mona Lavender. Landscape T echniC,at Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. That conflicts between landscaping and utilities are resolved in accordance with direction by the City Horticulturalist. 2. That all existing' trees- r~faineif on-site be clearly notated -including those that will be removed. ~ ~~~~~~~_~;;~:l~~~:' ;~_~~~~~ ~ ~~- ~E~ -~~_- =_',i~~=-.~:~~<~ ~~ L;. {:)~:~5i~i~=;t:~;~~~; ; ~) Pursuant to LOR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits: If the following criteria are 'not met,~he application. shall ~ disapproved_ 1) The plan or the -propQ~ stmcture 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. -f' 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 criteria which may be set forth for the Board from time to time_ The building elevations have been revised to include pedestrian "sky bridges" between the north and south buildings for the second, third and fourth floor floors_ The bridges include a barrel tile roof and wood outriggers to match the approved buildings. They also include a variety of window styles and treatments that include a striped awning for ---~ . SPRAB Staff Report . Seagate Hotel at AUantic Place - Class III Site Plan Modification, landscape Plan and Building Elevations Page 7 the Windows on the ttliilt floor. The bottoms of the bridges include decorative brackets~ The south elevation at the service drive (sheet A4.1) has been modified to include balconies and striped awnings for other windows. The balconies for the center units have been increased and the windows eliminated. This elevation has also been ,revised to include the sky-bridges. It is noted that most of these changes will not be visible from the puJ>lic right-Qf-way due to. the sky-bridges. The south elevation of the southern building (sheet M.2) has been modified to eliminate the windows and balconies at the east and west ends of the building. The floor plans indicate that the bedrooms on the third and fourth will have windows. However, these windows are not noted on the building elevations. .In order to provide a better proportion of window to wall area, these windows should. be enlarged and provided with variation in style and treatment and is attached as a condition of approval. The north elevation at the alley has been revised to replace the window systems at the east and west ends of the building with balconies. As. noted in ~e backgr~n~ section of this report, the Board approved the elevations subject to the provision of a watermark. This watermark has not been noted on the revised elevations and is attached as a condition of approval. Based on the above, a positive finding with respect to lOR Section 4.6.18(E) can be made. --- ~ ------~~- --- - - ~ _~~ _ ;~~~;~~~~~~q]f!(f~l!:f2~J'\(~~ ~,__-,~~~:'=F~'=:~i~:~~ --=." ':' ~~_-Fj~~~~~::i~:_~ 0 w~ . - . . Pursuant to LDR Section 2.4.5(G)(1)(c)(Class III Site Plan Modification), a Class III site. p.Jan modifu:ation is a, modifioation to a site plan which represents either. a ctlatl!)e inih1~ngitSr' (it t.~b; .01"'- which affects the spatial relationship aniong improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1-.1 and 3.2.3, as well as required findings of LDR Section 2.4.5(G)(5). Pursuant to LD.R S'e~_n 2i4;5 (G)($) (F.indings), with a Class III site plan modification formal findings under Section 3.1.1 are not required. However, a finding that. the ::pl'bpOsed cti:lilges do not 'significantly affect -the originally approved-plan must be made concurrent with approval of a Class III modification. The development proposal involves the conversion of the approved mixed use condominium 'project to a mixed use hotel development. Pursuant to lOR' Section 2.4.5(6)(5), this minor modification does not significantly impact the previous findings as they relate to consistency with tne Future land Use Map, Concurrency or the Comprehensive Plan. Compliance with the land Development Regulations was discussed earlier in this report. It 'is noted that the Atlantic Place development was not certified for ,compliance with the conditions of approval. The outstanding conditions of approval that need to be addressed with this approval are attached as conditions of approval in Exhibit "A." The applicable Future Land Use Map, Concurrency an~ Standards for Site Plan Action items are discussed below. . - -- -- SPRAB Staff Report Seagate Hotel at AUantic Place - Class III Site Plan Modification, Landscape Plan and Building Elevations Page 8 Future Land Use Map: Pursuant to LDR Section 4.4.13(B)(5). Hotels are allowed as permitted uses in the CBD zoning district. However, conversion to a condominium hotel is problematic since this use is not currently allowed. As noted previously. condominium hotels are essentially a financing tool, where suites are sold to investors. The investor can then use the hotel room for periods of time. The suite is then utilized as a hotel room managed by the hotelier. The primary concern would be the conversion to a regular residential unit, which would be problematic since the density would exceed the maximum 12 units per acre (44 du/ac). The applicant has submitted a text amendment to include condominium hotels as allowed uses in the CBO zoning district. Safeguards will need to be addressed by the text amendment to assure the faculty will function as a hOtel and not a condominium. There will need to be restrictions -that will oot enable the- facility to operate as a condominium. Positive findings can be made with respect to Future land Use Map consistency based on the currentfy permitted use as a hotel. It is also noted that while restaurants are permitted, restaurants located within 300' of residentially zoned property that are open after midnight require conditional use approval. Concurrency: Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD. and West Atl~ntic 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. The applicant has submitted a traffic study, which indicates that the proposed development will generate a net increase of 5 Average Daily Trips (ADT) compared to the_existing uses, -which is a reduction of traffIC im~ct from ~-_ }\1Iantic' Place .development which :would :h~ve_-geripra.tetf -127f ~QT ~ the - pto.~s:oo mixe<f use project will generate 20 a.m. peak hour -trips. Base<:f uPon the above, a positive finding with respect to traffic concurrency can be_made. Solid Waste: ./ The proposed hotel will generate 167.63 tons or solid waste per year (71,331 x 4.7 tons/2,ooO = 167.63 tons). The retail and spa floor ar~ wig generate 65.47 tons of sPlid waste per year (12,839 x 10.2/2,000 = 65-48 tons). The resfaurnnfwill generate 68.14 tons of solid waste per year (5.473 x 24.9/2,000 = 68.14 tons). Based upon the above, a tota' of 301.25 tons of solid waste will be generated each year by the proposed development The proposed modification wiJI result in a net increase of 72.37 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. . ' SPRAB Staff Report . Seagate Hotel at Atlantic Place - Class III Site Plan MO<fafication. landscape Plan and Building Elevations Page 9 Parks and Recreation: The proposal will not have a. significant impact on parks .~nd recreation facilities. With the change from 24 residential units to 86 hotel units, the parks and recreation impact fee ($500 per unit) will increase from $12,000 to $43,000 [ref. LOR Section 5.3.2(C)(2)). Schools: The proposed conversion from 24 condominium units to a.hotel will eliminate the impact on -the public school system as this standard. does. not apply to non- residential/commercial uses~ Standards for Site Plan Actions f3.1.1 (en Section 3.2.3(H). The City shall consider the. eff~ct that the proposal- will have on the stability of nearby neighborhoods. Factors such ll$- fJ{)ise, odors, -dust; traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitabiHty and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The applicant has indicated that the cleaning of linen will take place on site with two washing machines and two dryers in the housekeeping quarters. Given the number of machines, there should be no a9verse impact on the surrounding neighborhood. It may be necessary for the applicant to process a separate site plan modification request for the venting of the dryers. It is noted that there are several outstanding conditions of approval from the Atlantic Place -~pproval - that still need to be addressed and are attached as Exhibit "A." These _a;mditions are largely associated with the. refuse collection system and lighting ooncerns in order to, ensure -compatibility with the residential neighborhood. ~ ~. , r " . ... ' ~.- -- : - = ~ - - :....~.........:>: . ' " ) - -- . - - - - ~-=-, -4 _ ~_: w -~~~~._~--~~2:~~~;_~~ .~~;~~~ ~~ ~~~~ _- ~~_ ~_~ .~_ d~ ,~~~~ ~.-*__ ~ 2__~ ~,~_ ~~ _ ~_.:~'>,~ _'.. ~ _~-...::__"",,~~__~_~__..:....:2 . . Downtown Development Authority (bOA): The DDA considered the site plan -modification at its meeting of June 13. 2005- and recommended approval. .- COmmunity RedevelGpment AQeIlcy -(eRA): , The eRA considered this project at its meeting on June -9, 2005 and recommended approval. - - SPRAB Staff Report Seagate Hotel at AUantic Place - Class m Site Plan ModifICation, landscape Plan and Building Elevations Page 10 Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: 0' ^ , Anblles 0 Barr Harbor 0 Barr Terrace 0 Beach Property Owner's Association 0 Miramar Garden Apartments 0 Progressive Residents of Delray 0 Presidents Council 0 Via Marina letters of support and objection. if any, will be presented at the SPRAB meeting. - - - - - - . - -- - "' ~~____~~J.2_~~~_~__~~~~ _-; - :~:. ~{~~~~~ -~ ~~~<~ , i ~~ ~~~ :}: 2~i~.~.~; l- ~ ~ \~ ~~ ~~ -I ~~~~~~~--.2- "~~ The development proposal involves conversion of the 24-unit residential mixed use development (AtJantic Place) to an 86-room hotel (Seagate at Atlantic Place). The modification is largely a use conversion and has very few exterior changes. The building will be constructed essentially within the same footprint as Atlantic Place. The hotel will include pedestrian sky bridges between the north and south buildings. As a mixed use hotel development, the proposal will be consistent with LOR Section 3.1.1 and Section 2.4.5(G)(5) of the Land Development Regulations. and policies of the Comprehensive Plan. Compliance with the Land Development Regulations will be obJained provided the conditions of approval are addressed. The conversion of the hbt~i'tb a Condominium hotel would be problematic since this is not currently an allowed use 'in the CBO zoning district The applicant has submitted a LOR text amendment re<Jt:ieSt to indude condominium hotels as anowed. _ use_~ in the CBD zoning district Approval is recommended based on the pennitted hotel use. -- _, :~ _ ,_.__ ~_-__ '_. - -.-':- ~__ - -_-f:~~7;~'~ ;~:'{~'~~(1)"L~~~~~~~~~~{~~~:i:~~~~~~~-.~~~~>~~~:.~~~-:~~~:-, -.~~,~..,~ -_~,~~ A. Postpone with direction. ," B. Move approval of the request for a Class 111 site plan modification. landscape plan ,apd archiJectural elevations for Seagate Hotel at Atlantic Place. 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 2A.5(G)(5) and Section 3.1.1 (Performance Standards) of the Land Development Regulations. subject to the attached conditions of approval. C. Move denial of the request for a Class 1II site plan modification. landscape plan and architectural elevations for Seagate Hotel at Atlantic Place. by adopting the ---- -- . SPRAB Staff Report . Seagate Hotel at AUaotic Place - Class III Site Plan Modification. landscape Plan and Building Elevations Page 11 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 ~otis 2.4.5{G){5) and Chapter 3.1.1 (Performance Standards) of the land Development Regulations. -- - - - - _ - 7- -;-::- - --:- -~7 ,-;' I"': _" + : -_ t;. . - '7 - - _, _ ~ _r-- ~ + _~ :-. + _;~_ _ _ _..~~ _-~".~ ~ ~_~~~- ,~: _ .:;._~~- ~- - _ -_"'-: _ ~.o-~_ _~.- -=-~ _- -"" 4~-~~~ _ oV -- -" ~~..~. ,;:""~ ,-..,><-- -..-,~"" ~ -_ _ -'.=.~" By Separate Motions: Site Plan: Move approval of the Class III site plan modification for Seagate Hotel at Atlantic Place, based upon positive findings wittl respect to Chapter 3 (Performance Standards). and Section 2.4.5(G)(5) of the Land Development Regulations, and the objectives and policies of the Comprehensive Plan. subject to,the following conditions: t; AdtJtets all ~ite Plan and Engineering technical Items' and submit three (3) a>pies of the revised plans: 2. That the conditions of approval attached as Exhibit "A" are addressed with the site plan modification: and 3. That additional parallel parking spaces are provided along Gleason Street in accordance with direction by the City Engineer. ~nd$cape Plan: ~~e:~ppiuv~1 of the request for landscape plan approval for Sea_gate Hotel at A!I~tt!ic "~~~:'by adqpting the findings of fact and law Contained in' the staff report. and c'fipclihQ t~at the r~q~est is consistent with the Comprehe~sive Plan and meets criteria, set f(;n1h in SediOris 4.6.16' of the land Development Regulations, subject'to the folloWing condition: ' ' ......, "H - _ <"~ ' . - ~ - - ;- - - ~ - - 1~''':OOf revised plans' are- submitted -addressing' the'larnJscape Plim, Techn-iCalltem~ and submit three (3) copies of the revised plans. r' Bevations: ~ ~ve approval of the request for architectural 'elevations' for Seagate Hotel at Atlantic Place, by adopting the findings of fact and law contained in the staff report, and tttiding that the' request and approval thereof 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 conditions: ---- SPRAB Staff Report Seagate Hotel at AUantic Place - Class III Site Plan Modification. landscape Plan and Building Elevations Page 12 1. That all windows along the south side of the southern building are noted on the bu~iI)g " eleYCltpq~>~nd', ~t ~_~y, ,are ,jrp~s~ ,in size in order to achieve proiiblfiOiTalltY Wiftf me' wan:at~' m 'miS, area 'and 'that they are varied in style and treatment; and 2. That a water mark detail' be added to the ~i1ding elevations. Attachments: .' Exhibit -A;' . site Plan, Landscape Plan and Building ElevatiOns Report prepared by: Scott Paoe. <~ior Plan~r , .,.;r :". -- SPRAB Staff Report . Seagate Hotel at Atlantic Place - Class III Site Plan ModifICation, Landscape Plan and Building . Elevations Page 13 .. . ~ - . - -- - - - . - - - -- - - - - - ----~-~---- - - - -,-~ -- --- - - - ~ -- -----~~~ -- -~-- -~--=---~--~_._-. -- ---- -- - ~ -- ._~-- -- ,~ '- '-' ~ - .!.. I 1. That revised plans are submitt~ addressing the Site and Engineering Plan Technical Items as indiCated in the staff report (dated September 24,2003). 2. That the trash receptacles within the south building are depicted on the site plan. 3. That the refuse building is modified to accommodate a dumpster or other colitamer for recyclable materials or contractual services be provided to accomm~ate recycling off-site. 4. That the garbage for the restaurant (nild aU other uses) is collected in the local-tiash receptacles then brought to the compactor by the on-site staff during daylight hours and that there is no use of the compactor during the evening hours. 5. That the photometric plan is revised to comply with LOR Section 4.6.8(8) (3) (c). 6. That the site plan, landscape plan and architectural elevations are revised to depict the locations of all light fIXtures. 7. That illumination levels (photometric plan) are provided for the interior of the parking garage and the top parking deck of the parking garage. 8. That the fixtures located adjacent to the refuse building and driveway are eliminated and replaced with a single pole mounted light to be located along the south side of the driveway with the light directed towards the interior of the subject property and that the balance of the lighting along the south side of the property is reduced in number andlor intensity so as to act only as security lighting. 9. That a three foot (3') high screen or wall is provided along the interior of the parking garage at the front of the parking spaces to adequately ensure that the headlights of parked vehicles are obscured from the exterior of the building. 10. That a plat for the subject development is recorded prior to the issuance of a building permit and that an additional five feet (5') of right-of-way is dedicated for Gleason Street as part of the plat. 11. That an additional bicycle rack is provided at either the southwest corner of the north building or the northwest corner of the south building. 12. That the applicant address the sight visibility at the parking garage entry. SPRAB Staff Report seagate Hotel at AUantic Place - Class III Site Plan Modification. landscape Plan and BuilolOg Elevations Page 14 13. That the proposed compact system - proposed trash collectiol1/compadion system, the site plan is contingent upon efftcient functioning of trash system to be approved by the City. - -- 14. That all loading and deliveries occur on the property within the proposed -Plaza Drive" area and that no loading or delivery occurs within the public right-of-way. 15. That revised plans are submitted addressing the landscape Plan T echnicalltems as indicated in the staff report. and the listed conditions. 16. That the Red Tip Cocoptum hedge or 'an alternative '~tive ~dge species proposed along the south property line is at least 4.5. in height at ~he utile of instaUation. 17. That adequate spacing is provided between alt ui\derground utilities to accommodate all landscape materials and that the final locations of all mechanical equipment (i.e. FPl. BellSouth. Cable, etc.) are indicated on the plans. 1 R That the applicant shall be responsible for replacing any landscaping material particularly along the south side and the proposed dumpster area to be approved by staff. 19. That additional mid-level palms. such as Alexander's be pfO'vided along the north s~e. - 20. That the species in the raised planters heed to be more sulJs)antial than Asparagus Fern and extend an appropriate I~veraoove the plaza. '- - ~~ ~. . ~ - ~ c ~, / , -_U'-'LJ = \ L J - - -- - 1 . c " ~ , . II i II II II II II ~ ~II " -i- n , ~! II ...<1> II f!a -I.... 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U1 t""' 0 9 -~ 'Il i~n ,l li-1 II'" r ~ J .1 .' , -, ~ ~. ':._~l .', ,-' " :".~ ., -. . , -: 'l' -=I- RANOALL -.-..- j - ~!2fEI ~ u-........1"I; UO"IB.- at. . A TLAN11C PI...A.CE 1 I i I Ea6t Atlantic A........, . ~lrall e.sad\ Fl- . 01 . . .4Jtt.~Aovc..Dc*.-,:~R.:1]..4.4.4(56U~ tapI-~ft.. (J3~:uJ-"l6>TI - . - . . - --- . -- - - --- -~._- , - - - . .' . -- -- ,. ,- . .-. -. - . - - . f---- I I " ~ DORCHESTER ' I I >- w Co- OP J J / r-- J J -q::- THOMAS;; SlREET ru:- 2ND ST. I 13 r-- EAST WIND I ~ r---- /4., BEACH CLUBS -Lf 0::: I-- ~ BERKSHIRE lu.-/ ~ w f- J---T ORIV ::> ~ .E. 1ST CT. 3 BY THE SEA IL-q::- ;; - ~ T u ~ '~ GROSVENOR ~ f--!e 0 I~ ~ ._~ Z HOI/.'>/' 1 LOWRY STREET MANOR HOUSE J N.E_ 1ST ST_' C'-.... I CONDO Z ~ ~~ FIRE ~~Y ~ ~ -q::- VETERANS SUMMIT :n ~ ~ GROVE NO.2 I l..u PARK CONDO ~ ~ w'-----" CONDO Q 0 ~ ~ ~ g; f---- =:J 0 0 ~~ --~-- ~ TERRACE - I CONDO 1lT SPANISH DELRAY BEACH I m~ ~~rr'l RESORT J EAST ATLANTIC AVENUE I.u IT ~ I I I J I WATERWAY EAST m1lrrr. II t; 0 COMMERCIAL f-- I- == CONDO - _ In - ~ f- g ~.f "- 1 Z ~ BAR ~ w =t 1== ~ HARBOUR ~ -q::- r= - / CONDO b JO[ 0 -J ~. 1ST ST. i -J l M1RAMAR STREET I t f- L I <( I I I lIIlJi== I I rt <( L f- II II I DOVER HOUSE CONDO -J F U) q:: ---, - . OCEAN PLACE ::::> r- ~ -q::- ~O 0 ~ 0 _ m COCONUT ROW o _ , JI - I I z -q::- I J INGRAHAM _~ AVENU ' -<( r L Q , JARDIN DEL MAR I LJ f- I- r--- ,? CONDO - Z OCEAN lrnR <..> ~ . Z SEAGATE ::; _ rv-raN ~ I J 0 ____ _ TOWERS ~ I : J I J J J N - SEAGATE HOTEL AT ATLANTIC PLACE Ory OF OCIRA Y !l[ACH. f'l P\.AHHtN(; "ZOtING OO'ART~ENl - - OfC/TAl BASE MAP SYSTEM - - l.IAP REF: U.849 . 01< . ZJIt1 [IT' DF DELIAY BEA[H ! CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7090 DELRA Y BEACH F l 0 I'D A bad Al-AmerIca City MEMORANDUM ~1Ir, DATE: September 6, 2005 TO: Mayor and City Commissioners David T. Harden, City Manager I~ FROM: Terrill Barton, Assistant City Attorney SUBJECT: Appeal of SPRAB Approval of Julv 27. 2005/ Seaqate Hotel at Atlantic Place On August 10, 2005, my office received a letter from Andrew Berger, Manager of Bankoff, LLC requesting an appeal of the SPRAB approval of July 27, 2005 for the Seagate Hotel on the basis of Sections 2.4.5(G)(5) and 4.6.18(E) of the City's Land Development Regulations and the City's new Design Guidelines. Please find attached a letter from Mr. Berger explaining further his reasons for requesting the appeal. Also, please note that the appeal request of Bankoff, LLC is in addition to that of the Applicant, Seagate Hotel. Both appeals will be heard as one quasi-judicial hearing item at tonight's meeting. TCB: smk Attachment ~~o~~~~<:t:i\ - UO/.LU/UO w~u .Lo:oa ~AA o01~4aa774 CITY CLERK ~OO2 . ~ ~_/ , BANKOFF LLC 100 1 East Atlantic Avenue Suite 202 Delray Beach, FL 33483 August 10, 2005 City Clerk City of Del ray Beach 100N.W, First Avenue Delray Beach, FL 33444 Re: Appeal of SPRAB Approval of July 27, 2005/Seagate Hotel at Atlantic Place HHC Atlantic, LLC/Owner-Applicant Dear Madame Clerk: We are the owner of real property adjacent to the above-referenced project and submitted a letter in opposition to the approval on July 27, 2005. We are an aggrieved party and, as such, file this appeal to the City Commission of the SPRAB approval of July 27th, The reasons for the appeal include, without limitation, the following: Section 2.4.5(0)(5) of the City's Land Development Regulations require a finding "that the proposed changes do not significantly affect the originally approved plan...." The originally approved plan was for an entirely different development which was a mixed use project consisting of condominium units, a restaurant, retail and office space, plus parking. The change to the previously approved mixed use development approved by SPRAB is for an 86-room hotel with accessory uses. The approval by SPRAB has a significant effect on the originally approved plan because it changes the use, Section 4,6.18(E) of the LDRs sets forth certain criteria regarding architectural elevations required for approvaL The plan submitted for the hotel, which as previously noted is a modified plan of a mixed use development, is not in conformity with the <<good design" requirement. In addition to the foregoing, the City has adopted new architectural design guidelines; the applicant is legally required to conform to these new guidelines. Based on the foregoing, this appeal is to request that the City Commission overturn the SPRAB approval of the site plan and require the owner/applicant to fully comply with all City Codes, including ut not limi to, the new architectural design guidelines. ~\"~O ","\€.G !-o"" B '\ ~ 1\\\\ti . ~~G .'~' "- \3~ \"". C\\'< C y - Sep 06 05 05:04p MARIE HORENBURGER -- 5617330034 p.2 SEAGATE HOTEL AT ATLANTIC PLACE The applicant is asking you to consider the following points. <~ We are appealing the conditional use imposed by the SPRAB Board that requires 107 parking spaces be dedicated or otherwise conveyed to the city. The applicant has always intended to keep whatever additional spaces there are in the plan open to the public. They will be provided by virtue of the overparking of the plan and the fact that the hotel will not have a ballroom, conference facilities or any space for large events, that might necessitate the use by the hotel of all of the additional parking. Based on certain minor adjustments to the plan there will not be the exact amount of 107 available anyway. A voluntary parking agreement has been worked out 'Y"rith legal and staff where the applicant is agreeing to not lease spaces in the project to anyone. If the applicant were to lease spaces in the project the leases could be a considerable financial benefit to him. ~~ <tf\ Sep 06 05 05:04p MARIE HORENBURGER 5617330034 p.3 Seagate Hotel Weare appealing the conditional use which we contend was eliminated by a vote of the of the SPRAB Board. According to the minutes of their meeting an error was made when the item was discussed as pertaining to elimination of additional on street parking on VENETIAN when it should have been elimination of the recommendation for additional on street parking on GLEASON. The error was caught by staffmemher Jeff Costello. and then the maker and seconder of the motion to eliminate the proposed condition to provide additional on street parking at Gleason corrected the mistake before a vote was taken (see attached). Sep 06 05 05:04p MARIE HORENBURGER 5617330034 . p.4 Seagate Hotel We are appealing the conditional use that requires a "water mark" on the entire project. The SPRAB Board approved a "water mark" for the small building to the rear only as a condition for the use change. ~- 5617330034 Sep 06 05 05:12p MARIE HORENBURGER 5617330034 p.l "-'__~ ........." c.E:..M:.J-J ~"<;"<<O LH~NEY COMPANIES ~ 7330034 NO. 225 ~OOB W~~K. I. J~ 60" ( 1 MR. AGUILA: So it has nothing to do with the 2 rest of the building? 3 MR. COPE: To the best of my know~edge that's 4 what it is. ~ 5 MR. AGUILA: So the condition is that we added 6 that:. 7 MR. COPE; They added it months and months 8 ago. 9 MR. CARTER: That was added when they carne 10 back with the elevation changes or elevation 11 clarifications. 12 MR. COPE: I could critique the whole building ( 13 in the next hour but I won't. Water mark's not > ~4 going to help. ~ ~ 15 MR. CARTER: You're not ~oing to see it. The , l 16 landscape, you know, it'S walled and landscaped. , 17 MR. COPE: So -- 18 MR. CARTER: You feel pretty strongly about 19 this elevation floor plan scenario? 20 MR. COPE: Yeah. It's just almost 2~ incomprehensible to me how you take a building and 22 design it as one thing, disregard its initial 23 layout - - 24 MR. CARTER: As a ~4 unit condominium with I 25 retail down below and then -- \ .-. o- n ~_ Esquire DepositioIl Services (56]) 659-4155 Sep 06 05 05:13p MARIE HORENBURGER 5617330034 p.2 U_H t;.J.l.I' c::.t:.I~J J.q;tld CARNEY COMPAN J ES -+ 7330034 NO. 225 (;1007 i W'-Tep- M~K ), I) 59 ( 1 we're change this use from condos to hotel and , 2 there should be some dramatic changes to the plan 3 ~egarding changes to elevat~on which would open up 4 this whole guideline issue. 5 ~rR. COSTELLO: Again, it's the cype of hotel 6 we're talking about. Ic's been represented to us 7 as a boutique hotel, the room sizes are larger than 8 the minimum. When the renovations across the 9 street occurred those rooms increased. In fact 10 those were large to begin with. You said time 11 share. They were as large as a regular ~nit. So 12 it all depends on the ti~e of hotel, you know, ( 13 you're talking about. I don't want to get i~to 14 that because I'm not an expert on that at all. 15 Just, you know -- 16 MR. AGUILA, I guess it's time to make a 17 motion. 18 MR. COPE: Anything to add? 19 MR. AGUILA, I "'auld like whoever mad. the ~ 20 comment about the water mark to clarify what they 21 mean. I don't think that's been addressed. ". 22 MR. COPE: I seem to remember it was a 23 criticism of the trash enclosure from day one. Ar.ci 24 I seem to remember t~at they added a water mark to ( 25 it. - . .- ...... -,.... ~- . Esquire Deposition Services (561) 659-4155 Sep 06 05 05:13p MARIE HORENBURGER 5617330034 p.3 ~~-'I:..J'~"c.~..J J.Q:~"" LRRNEY COMPANIES ~ 7330034 NO. 225 [;1005 I 1 GLCI6l># 51'= I, 57 i requests tonignt, for extension and the other for 1 2 change at use? :3 MR. COPE; No, I was confused as to your 4 inl:il1,liry. 5 MS. MORRISON: That's not what they did. 6 MR. COrE: They're not seeking an ex~ension. 7 MR, AGUILA = The only thing we're here to do 8 ~s the change of use? 9 MR. COSTELLO: Right- I would like to clarify - ~o just two items. One was the on-street parking and - -.. ----------~ - - ----- - --- 11 as far as that condition of approval, if you 12 eliminated it, ~e aren't going to lose any sleep. ( 13 When ini~ially they proposed those parking spaces : 14 and it was an item to go to the city comm~s5ion. ~ r lS AS I read through the file, they came back and said 16 we're willing to install these spaces here to 17 mirror what was done on venetian and we call it a 1.8 day. So, you kn01>1, as far as this area at ~he 19 no~~heast corner, if you eliminate the condition 20 that's okay. As far as the elevation9, , i 21 understanding Roger's concerns, and I understand [ I 22 what you're saying about the internally, I think I i ! 23 you're talking about internally, but exterior wise 24 if they were to change it they have to come baCk to , , , ( 25 the Site Plan and Appearance Board for the changes. I _ r I \~_' ~ ..,-........ .-, ~ ",. _ ,...... ._.. ..._~ ... OJ ..""",.....~",....., r.................. r._... _-~...... ..> "".. _....,..........._.._J~. .,. .. ._0" _I' .-. "r:'-__ ~...-.~ ._... Esquire Deposition SeJVices (561) 659-41 S5 Sep 06 05 05:13p MARIE HORENBURGER 5617330034 p.4 __ -- ---- ~_._~ LHKN~Y LUM~RN!ES ~ 7330034 NO. 225 ~0a4 GL f: M f) ^" "ST. 1 I IY\.t~ c.~e..-r~L. 47 I 1 1 have. My meeting with Michael Weiner, actually 2 Jeff aLd Paul, noe Michael, gave me a com~ort level 3 with this project_ If they go back to a 4 condominium they go back to 24 units with I don't 5 kno~ how many parking spaces, and the conversion 6 back to a condo would almost -- it would be a 7 nightmare. So I feel more comfortable with a town B house condominium scenario, that's beyond our 9 scope, I did and I told everyone I felt that this 10 appeared to be a back door in to get more units per 11 acre. I feel more comfortable now that I don't 12 believe it is. I do have some concerns with the ( 13 dumpster facility, the trash compactor facility. 14 We're increasing the solid waste by 30 percent yet 15 we still have the same size compactor. Hours of 16 operation for that should definitely be tied to the 17 si te plan. Gleason Street in the northeas t. on l 18 that northeast quadrant I would rather not see 19 anymore additional off-street parking on there. I 20 would rather see that as a landscape area. I think : 21 our city needs more street trees. We're building 22 this place out to the hilt and we got 107 extra 23 parking spaces 1n the pUblic garage, in the garage 24 that that'6 a little different issue that we need : ( 25 to discuss. So two or three spaces on Gleason, no, I . i _P"'-,_, ~ .... .. ...A............ ..,-_~ ... ,-.,., . 4 . , _.~__~.. _ _ ......_~:.....~ ...... ._~~ .h_.P"'..... ,^"#--A_ ..~~__. '''__... ............_... ......, ,'<'-,""-- I Esquire DepoSition Senrices (561) 659-4155 Sep 06 05 05:14p MARIE HORENBURGER 5617330034 p.5 -~.~~. ~~~~ ~J.~~ LH~NCY COMPANIES ~ 7330334 NO. 227 ~0a2 I I : , , 79 I 1 listed in the staff report. t 2 MR. COSTELLO: We want to keep those three 3 spaces on the east side of the spa. That's what , ~ 4 this condition. S MR. CARTER: That I s okay. 6 :f:Cl""'u.\ (.\-d MS. MORRISON: I do amend your second. rJ',l !'- 7 Ji ~,~.'~ '-t~ . ' L ;{ _ fit MR. COPE: Amended motion and. amended second. ({if, ?: ( -\- 8 - __C,tCCAll those in favor of the motion say aye. bt:"/ . L r1l'- 9 (;; \ CltY MR. SHUTT: You may want to call the roll. ..-". 10 ~~() i ~: 1..;\.','- MR. COPE: Loretta. call !:he roll. LIt ij~ l " 11 I , LORETTA: Jose Aguila? I ~ 12 MR. AGU:4LA: Nay. ( 13 LORETTA: Christina Morrison? 14 MS. MORRISON: Yes. 15 LORETTA: Mark Gregory? 16 MR. GREGORY: Yes. ; 1 17 LORETTA: Dan Carter? 18 MR.. CARTER : Yes. 19 LORETTA: Nancy Stewart? I < 20 MS. STEWART: Yes, ; I I 21. LORETTA: Roger Cope'? , I I 22 MR. COPE: No. I I I , 23 LORETTA: Passed. " I 24 MR. GREGORY: I move we approve the I l 25 elevat.ions .- I I I ,_ ....... ... hI... . ..;> -,'. ... _ A .... ) ---.~ ,. .> .. " ... - - - . . . . 1 Esqnire Deposition Services (561) 659-4155 . ----- Sep 06 05 05: 1 4 P __ MARIE HORENBURGER 5617330034 p.6 ---- ~n",~<:: 1 '-U.:t""HNJI::~ ~ 7330034 NO. 227 r;l0a1 , I II . I 78 I 1 Item number th~ee on the new conditions would I 2 be that the trash compactor hours be limited to 3 eight to five, and tbat the pick up time for the 4 trash compactor be limited to eight to five, that 5 there be additional storage, trash storage facility 6 areas in the south builGings and that probably is "7 already part thereof plus. 8 MR. AGUILA, All you have left is public use 9 tor parking. 10 MR. CARTER; And that the 107 additional 11 parking spaces in the parking garage be placed as ~ have a condition placed on them that they will : 12 a, " , 13 be used for public use. The applicant does have 14. the right to charge for those spaces but they will .. : lS be conditioned as public spaces. 16 ,eoo/ld c/ J:.. MS. MORRISON: I'll second that, .'Ile1ICI) - - 17 1/(l f1 ' MR. COSTBLLO: One clarification. sorry. I I 18 /}'1 folks. r apologize. The original condition - I I 19 ~, that was related to Gleason. Tbat was 1 20 actually supposed to be Gleason Street. That's the I 21 three spaces adjacent to the -- that was Gleason I 22 and those three spaces at the southeast corner of ! , " 23 the aite. I I 24 MR. CARTER: Amend my motion to reflect tha~ A1'lte ,'\t\ } I I I 25 item number two relates to Glea~on, not venetian as f J , - - \ j -"".,..~-......-........ - "p -,. . ~ .- . - ... , ~ . .-' "'~ .~, _... L ... ,-~, .-_ ~-..> _H _.~ Esquire Deposition Services (561) 659-4155 ---- - --- SeF' 06 05 05:1410 MARIE HORENBURGER 5617330034 10.7 l:..IJ,F I[.JJ.' c:.t:.J~...J ~4;qc LH~NEY Ca1PANIE5 -t 7330034 NO. 225 1;113135 GL EI4-S OW 5f. I. I I I 77 i I , I 1 M1L AGUILA: Motion failed. 2 MR. COPE: Nobody said yes. :; MR.. AGUILA: Motion failed. 4 ilk+-; t n MR. CARTER: Mr. Chair, move approval of the - 5 Class III site plan modification for Seagate Hotel 6 at Atlantic Place, based upon positive findings 7 with respect to Chapter 3 (Performance Standards). 8 Section 2.4.5(G} (5) of the Land Development and the objectives and policies of the . 9 Regulations, 'l , 10 Comprehensive Plar., subject to condit~on5 one, two 11 and three. two as listed in the staff report t one, J : 12 on page 1~, omit number three which is the Gleason ; (' .. 13 Str~et additional parking spaces, and modify the .. ; , 14 original conditions on page two to eliminate number --------..., -------~ 15 t~o, which is the development that's just to ~ ~ RR~ T~ }). - t~F{(j '. a 16 provide additional parallel spaces on Venet:i~n. B~ M~, Cdt'-1'e :~ !? , pft'\e 11. d fl.le '(\ t' 17 modify item ten tc read that a three foot six wall r "' )'.! p4..'l~ :~~ ~~ C es ~ Lf 4- ;2.~ · l"1t\. 18 high screen wall at the parking garage. I'm going $.(8 ~jen $6'y\ 19 to leave the landscape -- ....ell, item number 21 20 should be modified that the applicant shall be : : 2l responsible for replaCing any landscape material I i 22 al~ng the south property line should that buffer be 23 destroyed, diminished or damaged in any way a~ I ! 24 equal, at material size equal to that at time of I I 25 destruction. l ! I ......., .........-... '" . -. ~I ..... .. -. 'u' .. . - . ... .. .-... 4 .. ~. n ~ . ,. " . - - Esquire Deposiuon Servicell (561) 659-4155 - ------- - --- . AGREEMENT This Agreement is entered into this _ day of , 2005, by and between HHC Atlantic, LLC, a Florida limited liability company ("HHC"), and the City of Delray Beach (the "City"). RECITALS WHEREAS, HHC is the owner of that certain real property situated in Delray Beach, Florida, further described on Exhibit "A" attached hereto and made a part hereof (hereinafter the "Property"); WHEREAS, HHC is in the process of developing the Site Plan known as "Seagate Hotel at Atlantic Place" (the "Project"); WHEREAS, the Project contemplates the construction of a parking garage to accommodate the proposed current and future activities and uses to be conducted on the Property; WHEREAS, it is contemplated that after completion of construction of the parking garage, there may be parking spaces available in excess of the amount of parking required by the Land Development Regulations ("LDR's") pursuant to the uses set forth in the Site Plan proposed by HHC; WHEREAS, the City has requested, to the extent that excess parking may exist and the parking garage may not be utilized by those engaged in the activities and uses associated with the Project (the "Project invitee parking"), that HHC permit any excess parking to be made available for use, on a commercial basis, for non-Project invitee parking; WHEREAS, the City has also requested that HHC not enter into any off-site parking agreements with any non-affiliated third parties; WHEREAS, HHC has agreed not to enter into any third party parking agreements with any non- affiliated parties, subject to the terms and conditions herein; WHEREAS, HHC has agreed, provided, that the parking garage is constructed according to the Site Plan currently submitted to the Citys that the parking garage will be generally open on a commercial basis, subject to the terms and conditions herein. NOW, THEREFORE, for the sum ofTEN AND NO/lOOTHS DOLLARS ($10.00), other good and valuable consideration in hand paid, and the mutual promises contained herein, the parties hereby agree as follows: 1. The recitals contained herein are true and correct and are incorporated herein as though fully set forth in this paragraph. 2. HHC hereby agrees that, during the term of this Agreement, it shall not enter into any off- site parking agreements with any non-affiliated third parties, and shall npt permit any of the parking spaces contained within the parking garage to be used by a non-affiliated third party towards any parking requirement imposed by the City pursuant to the LDR's. HHC shall make available to non-project invitees, reasonable use ofthe parking that is in excess of the project invitee parking, 1 ~~ 9../\ . 3, Nothing contained herein shall be construed as to prohibit or to otherwise limit HHC's full utilization of the entire parking garage to meet or to otherwise satisfy aDY---Of the parking requirements related to the current and future uses or activities conducted within the Project and to the invitees of the hotel contemplated to be constructed, and of any retail, office, spa and/or restaurant now or in the future occupying space within the Project, and that HHC shall be permitted full utilization of all parking spaces contained within the parking garage in any parking calculation associated with any current or future use of any portion of the Project; provided the non-project invitees have to the extent parking exists, reasonable use of excess spaces. 4, The term of this Agreement shall commence on the date the City of Delray Beach issues a Certificate of Occupancy for the Project (the "Commencement Date") and shall automatically expire ten (10) years from the Commencement Date. 5. Notwithstanding the foregoing, this Agreement may be terminated, upon mutual agreement of the parties, upon at least ninety (90) days written notice, 6, The parties hereto hereby acknowledge and agree that the parking garage is a private parking garage; that its operation, ownership, and control are fully vested in HHC; that HHC shall have the sole discretion as to use of the parking garage; that business invitees of the Project shall have priority of use of the parking garage; that HHC reserves the right to refuse entry to the parking garage to any party or vehicle; and that HHC may limit the hours, dates and/or other terms and conditions that any non- affiliated party or non-business invitee may utilize the parking garage. 7, Notice to either party hereto shall be in writing and shall be deemed duly given if sent (i) by United States mail, certified or registered, return receipt requested with postage prepaid; (ii) by a reputable courier service (such as Federal Express), and such notice shall be deemed received the day delivered; or (iii) by facsimile, in which event a photocopy of the Notice shall be sent by first class, registered or certified mail within twenty-four (24) hours after the facsimile, and such notice shall be deemed received the day sent by facsimile. In each event, the Notice shall be addressed or sent by facsimile as follows: To: HHC Atlantic, LLC 1000 East Atlantic Avenue Delray Beach, FL 33484 Telephone No.: (561) 266-2910 Facsimile No.: (561) 266-2815 With a copy to: Thomas F. Carney, Jr., Esq, The Carney Legal Group, P.A. 901 George Bush Boulevard Delray Beach, FL 33483 Telephone No.: (561) 278-5565 Facsimile No.: (561) 330-8233 To: City of Delray Beach Attention: City Manager 100 NW First Avenue Delray Beach, FL 33444 Telephone No.: (561) 243-7000 Facsimile No,: (561) 243-7199 2 . . With a copy to: Susan Ruby, Esq, City Attorney for the City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Telephone No,: (561) 243-7090 Facsimile No.: (561) 278-4755 8. HHC may set rules governing operation of its business consistent with securing safe use and success of the operation. 9. HHC may assign or otherwise transfer this Agreement or any part thereof without the prior consent of the City. This Agreement however shall be binding upon and inure to the benefit of the City and HHC and their respective successors and assigns. HHC its successors and assigns shall provide notice to respective successors and assigns of this requirement and all such transfers shall be subject to this Agreement. 10. This Agreement contains all of the conditions to which this Agreement is subject and supersedes any and all prior understandings, either oral or written, respecting the within subject matters. 11. HHC and the City acknowledge that the parties hereto and their respective counsel have had an opportunity to review this Agreement, and that this Agreement shall not be construed for or against either party merely because that party drafted or prepared this Agreement or any particular provision of it. 12, If any term, covenant, or condition of the Agreement shall be held invalid, illegal or unenforceable in any respect, the Agreement shall be construed without such provision 13, The article headings contained herein are for convenience and reference only, and are not intended to define or limit the scope of any provisions hereof. 14. HHC has voluntarily agreed to provide parking as herein required, and HHC its successors and assigns covenant that they shall not contest or invalidate the parking requirement as herein contained. 15, In the event that HHC does not construct the Project pursuant to the Site Plan currently submitted with the City, this Agreement shall be null and void, IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first above written, Witnesses: HHC Atlantic, LLC By: E. Anthony Wilson Printed Name Printed Name 3 . Witnesses: City of Delray Beach By: Susan Ruby, Esq" City Attorney Printed Name Printed Name 4 ~ II " . II C I T Y COM MI S S ION DOC U MEN TAT ION TO: ~~~ITY MANAGER FROM: PAUL DORLlNG, ECTOR OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 6, 2005 APPEAL OF CERTAIN CONDITIONS OF APPROVAL ASSOCIATED WITH THE SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF A CLASS III SITE DEVELOPMENT PLAN. LANDSCAPE PLAN AND ELEVATIONS FOR THE SEAGATE HOTEL AT ATLANTIC PLACE. II ACTION REQUESTED OF CITY COMMISSION I] The action requested of the City Commission is that of a consideration of an appeal of the three conditions of approval placed on the Class III site plan, landscape plan and architectural elevation approval for the Seagate Hotel at Atlantic Place. The subject property is located on the south side of Atlantic Avenue between Gleason Street and Venetian Drive. The Site Plan Review and Appearance Board's actions were taken on July 27, 2005. The actions were appealed on August 5, 2005 by Michael Weiner, attorney for the applicant. The appeal is being processed pursuant to LOR Section 2.4.7(E) Appeals. II APPEAL II On August 5, 2005, the Site Plan Review and Appearance Board's action was appealed by Michael Weiner, attorney for the applicant. The proposed basis of the appeal is that the certain conditions imposed by the Site Plan Review and Appearance Board were inconsistent with the Comprehensive Plan, LDRs, Laws of the State of Florida, in excess of the authority granted in the LOR's and a degradation of certain rights granted under the US Constitution. The first condition being appealed required that the extra 107 parking spaces in the projects parking garage have a condition placed on them that they will be available as public spaces for public use and the applicant would have the right to charge a parking fee. The appellant would like this condition removed in its entirety. The second condition relates to a requirement to provide an additional on-street parking space on Gleason Street. The applicant would also like this condition eliminated. The third condition seeks to modify the SPRAB requirement that all buildings be modified to provide a water mark detail on their elevations. The applicant is requesting this be limited to the refuse building only. The requests for an on-street parking space on Gleason Street and the required changes to the elevations are reasonable conditions and should be upheld. The Board's request for a commitment for the excess parking spaces to remain available to the public appears to be in line with the representations made by the applicant during presentation of the Class III site plan modification. The outstanding issues appear to be how access to these spaces by the public will be accomplished, i.e., by agreement, condition of approval or at the discretion of the developer, and whether a specific number of spaces should be referenced in this agreement. It is noted the applicant has <11\ City Commission September 6.2005 Appeal - Seagate Hotel at Atlantic Place submitted a parking agreement which commits to allowing the public use of any spaces above those required by code. The agreement further commits not to reduce the available spaces through private offsite parking agreements or leasing arrangements with valet companies. This agreement appears to meet the spirit of the condition while maintaining flexibility for the applicant should the extra spaces available fall below the 107 spaces specified in the original condition of approval. In addition to the above appeal the applicant is asserting that the Class III site plan approval acts as an extension request and should automatically extend their approval for an additional eighteen (18) months. The criteria and procedures for extension requests are outlined in LOR Section 2.4.4(E). The Class III modification review did not consider the extension request criteria outlined in this LOR Section nor did it make appropriate findings relating to the extension. It is noted that a separate extension request has been received and was accepted as complete on August 25, 2005. This extension request is to be considered by SPRAB on October 12, 2005 at which time the Board will consider the appropriate extension criteria. ~ RECOMMENDED ACTION II Uphold the two conditions relating to the provision of an additional on street parking space on Gleason Street and modification of the elevations to provide a water mark architectural detail on all buildings. Modify the third condition to require a parking agreement be executed between the applicant and the City for the extra parking spaces above those required by code rather than a specific number as identified in the original condition of approval. Attachments: Site Plan Review and Appearance Board Staff Report Letter of Appeal 2 OURAY BEACH O~LR"Y Bl4CH II~.~~ SITE PLAN REVIEW AND APPEARANCE BOARD tI:t.tZII A1~"'CIIy A1~_Citr , I II I,! STAFF REPORT ' I III,! l}q I 1~ln 2001 10Ul Agent: Thomas Carney Project Name: Seagate Hotel at Atlantic Place Project Location: South side of East Atlantic Avenue between Venetian Drive and Gleason Street II ITEM BEFORE THE BOARD I] The action before the Board is that of approval of the following aspects of a Class III site plan modification for the Seagate Hotel at Atlantic Place, pursuant to LOR Section 2.4.5(G)(1 )(c): o Site Plan Modification; o Landscape Plan; and, o Architectural Elevations. The subject property is located along the south side of East Atlantic Avenue between Venetian Drive and Gleason Street. II BACKGROUND/ANALYSIS II At its meeting of July 13, 2005, the Site Plan Review and Appearance Board considered a Class III site plan modification for the conversion of the 24-unit condominium and 18,000 square feet of office floor area (fka Atlantic Place) to hotel rooms/suites. The Board postponed the proposed modification until the privately initiated Land Development Regulation (LOR) text amendment to add the "resort condominium hotel" use is considered by the City Commission. The postponement of the site plan modification for the conversion to a hotel was inappropriate since the development proposal before the Board was for a conversion to a hotel and not a resort condominium hotel. The development proposal could be constructed as a hotel regardless of whether the subsequent LOR text amendment to allow resort condominium hotel is approved or not. The conversion to hotel before the Board is a permitted use and the proposal meets the requirements of the Land Development Regulations. The LOR text amendment is immaterial to the review of the Class III site plan modification and is a use issue that will be determined by the Planning and Zoning Board and City Commission. Therefore, the Board should consider the action before them that of a hotel/mixed-use project. Additional background and analysis of the site plan modification are found in the attached staff report dated July 13, 2005. II RECOMMENDATION II Site Plan: Move approval of the Class III site plan modification for Seagate Hotel at Atlantic Place, based upon positive findings with respect to Chapter 3 (Performance Standards), and Section Meeting Date: July 27, 2005 Agenda Item: 1I1.A. SPRAB Staff Report Class III Site Plan Modification - Seagate Hotel at Atlantic Place Page 2 2.4.5(G)(5) of the Land Development Regulations, and the objectives and policies of the Comprehensive Plan, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items and submit three (3) copies of the revised plans; 2. That the conditions of approval attached as Exhibit "A" are addressed with the site plan modification; 3. That additional parallel parking spaces are provided along Gleason Street in accordance with direction by the City Engineer; Landscape Plan: Move approval of the request for landscape plan approval for Seagate Hotel at Atlantic Place, 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 4.6.16 of the Land Development Regulations, subject to the following condition: 1. That revised plans are submitted addressing the Landscape Plan Technical Items and submit three (3) copies of the revised plans. Elevations: Move approval of the request for architectural elevations for Seagate Hotel at Atlantic Place, 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 Section 4.6.18(E) of the Land Development Regulations, subject to the following conditions: 1. That all windows along the south side of the southern building are noted on the building elevations and that they are increased in size in order to achieve proportionality with the wall area in this area and that they are varied in style and treatment; and 2. That a water mark detail be added to the building elevations. Attachments: . SPRAB Staff Report Dated July 13, 2005 ------ ---------- WEINER & ARONSON, P.A. RECEIVED ATTORNEYS AT LAW The Clark House AUG 0 9 2005 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 PLANNING & ZONING Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER OF COUNSEL CAROLE J. ARONSON ROBERT MARC SCHWARTZ, P.A. JASON S, MANKOFF Florida Bar Board Certified KERRY D. SAFIER Real Estate lawyer MICHAEL R. HARRIS PAMIR.MAUGHAM l.l.M. (In Taxation) August 5, 2005 VIA HAND DELIVERY City Clerk City of Delra1 Beach RECEIVED 100 N.W. 1s Avenue Delray Beach, Florida 33444 Re: Seagate Hotel at Atlantic Place, AUG - 5 2005 CITY CLERK Class III Site Plan Modification Our File No.: HHHAOO2 Dear Clerk: Pursuant to Section 2.4.7(E) of the Land Development Regulations of the City of Oelray Beach, Florida ("LOR"), this is an appeal to the City Commission of Oelray Beach, Florida by an aggrieved party in writing directed to you. We are providing you with the following information: 1. The action being appealed is the action by the Site Plan Review and Appearance Board with respect to the above-captioned matter which was heard at a meeting of July 27,2005, 2. The action was taken by the Site Plan Review and Appearance Board and was taken at a July 27, 2005, with a letter of confirmation signed by Mr. Scott Pape, Senior Planner dated August 2, 2005 (the "Confirmation Letter") forwarded to the agent for the Owner/Applicant. The Confirmation Letter is attached. 3. The basis of the appeal is as follows: a. The action taken by the Site Plan Review and Appearance Board ("SPRAB") was inconsistent with the Comprehensive Plan for the City of OeJray Beach, Florida; b. The action taken by SPRAB was inconsistent with the LOR's; c. The actions taken by SPRAB was inconsistent with the laws of the State of Florida; HHHAOO2 Appeal to City Oerk 8-4-05 August4,2005 City Clerk Page 2 of 2 d. The action taken by SPRAB was contrary to the weight of the evidence presented at the meeting of July 27, 2005; e. The action taken by SPRAB was in excess of the authority granted to them by the LOR's; and f. The action taken by SPRAB was in derogation of certain rights granted under the United States Constitution and the Constitution of the State of Florida. 4, The relief being sought is that: (i) item 6 under the heading "Site Plan" as set forth in the Confirmation Letter be eliminated as a condition of approval; (ii) the first bullet point under item 3 under the heading "Site Plan" should be modified to read that: "no additional on-street parking is necessary"; and (iii) item 2 under the heading "Elevations" should be modified to read that: "a water mark detail be added to the refuse building elevations". 5. The name of the appellant is HHC Atlantic, LLC, the owner of the property and the applicant of the Class III Site Plan Modification, the hearing on which was held July 27,2005 as aforesaid. We are requesting that this particular matter be heard at the meeting of September 6, 2005. The undersigned, who is the chosen counsel for the applicant, will be out of the state on August 16, 2005. Enclosed is a fee in the amount of Two Hundred Dollars ($200.00). Please notify me of the date and time of the hearing by the City Commission of this appeal. MSW:ab:lg Enclosure cc: Mr. Paul Dorling (w/encfosure) Susan Ruby, Esquire (w/enclosure) Tom Carney, Esquire (w/enclosure) HHHAOO2 Appeal to City Clerk 8-4-05 ------ o/( . ZJ7t1 . . . . [ITY DF DElRAY BEA[H , CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7090 f L 0 . I D A. ........ BAmerIca City MEMORANDUM ~ 1I'l, DATE: September 6, 2005 TO: Mayor and City Commissioners David T. Harden, City Manager Irc0 FROM: Terrill Barton, Assistant City Attorney SUBJECT: Appeal of SPRAB Approval of Julv 27. 2005/ Seaqate Hotel at Atlantic Place On August 10, 2005, my office received a letter from Andrew Berger, Manager of Bankoff, LLC requesting an appeal of the SPRAB approval of July 27, 2005 for the Seagate Hotel on the basis of Sections 2.4.5(G)(5) and 4.6.18(E) of the City's Land Development Regulations and the City's new Design Guidelines. Please find attached a letter from Mr. Berger explaining further his reasons for requesting the appeal. Also, please note that the appeal request of Bankoff, LLC is in addition to that of the Applicant, Seagate Hotel. Both appeals will be heard as one quasi-judicial hearing item at tonight's meeting. TCB: smk Attachment ~~()~ ~~~'\.~ VO/.LV/V~ w~u .LO:O~ ~AA ~O~~4aa774 crTY CLERK IaJ 002 .. -- -- . " BANKOFF LLC 1001 East Atlantic Avenue Suite 202 Delray Beach, FL 33483 August 10, 2005 City Clerk City of Delray Beach 100N,W, First Avenue Delray Beach, FL 33444 Re: Appeal of SPRAB Approval of July 27, 2005/Seagate Hotel at Atlantic Place filC Atlantic, LLC/()v,.ner-Applicant Dear Madame Clerk: We are the owner of real property adjacent to the above-referenced project and submitted a letter in opposition to the approval on July 27, 2005, We are an aggrieved party and, as such, file this appeal to the City Commission of the SPRAB approval of July 27th, The reasons for the appeal include, without limitation, the following: Section 2.4.5(G)(5) of the City's Land Development Regulations require a. finding "tbat the proposed changes do not significantly affect the originally approved plan...." The originally approved plan was fOT an entirely different development which was a mixed use project consisting of condominium units, a restaurant, retail and office space, plus parking. The change to the previously approved mix.ed use development approved by SPRAB is for an 86-room hotel with accessory uses. The approval by SPRAB has a significant effect on the originally approved plan because it changes the use. Section 4,6.18(E) of the LDRs sets forth certain criteria regarding architectural elevations required for approval. The plan submitted for the hotel, which as previously noted is a modified plan of a mixed use development, is not in conformity with the "good design" requirement. In addition to the foregoing, the City has adopted new architectural design guidelines; the applicant is legally required to conform to these new guidelines. Based on the foregoing, this appeal is to request that the City Commission overturn the SPRAB approval of the site plan and require the owner/applicant to fully comply with an City Codes, including ut not limi to, the new architectural design guidelines. ~ ,,,E.O ~€.G- B . , \\ 1.\\~~ ~\)G .~. " ,:-0" .\." \..~\ C,,'{ C y {)K CfJ01 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: July 13, 2005 AGENDA ITEM: N. D. ITEM: Seagate Hotel at Atlantic Place Class III Site Plan Modification, Landscape Plan and Architectural Elevations Associated with the Conversion of the 24- Unit Condominium and 18,000 square feet of Office Floor Area to Hotel Roomsl Suites. GENERAL DATA: I r f- :- f/CRK~'RE Owner/Applicant.......uu..u.........u HHC Atlantic, llC ' r ~f- BY lHE SE AgenL..........m.............u.uuuu.u Thomas Carney _ _ - ~ CROSIICNOR location....................u.............u. South side of East Atlantic - f- -.__ . H"'~ Avenue between Venetian LOlMl. SlRt:[I Drive and Gleason Street. DEtRAY ~ ~ ~ Property Size..m........__............... 2.09 Acres ~~ : :===: ~~ NO , Future land Use Map._.m.......... CC (Commercial Core) '--- Current Zoning....._._....__........._.._. CBD (Central Business BARR -: p Tf:RRACE - District) CONDO ]I 5fnA.:r pEtRAY BEAC Ad' IJARRIO H Jacent Zoning..... ..........North: CBD (Central Business E A S T'-- A :'t~T N TIC A V E District) WA1ERlrAY IT[I lIll Tf~ East: CBD (Central Business cOAI~i;:OAt.. - t- District) CONDO ~ t: South: RM (Multiple Family I I - . Residential - Medium ~ 1'-- Density) & CF (Community ~ol I I 1 :t . Facilities). . d _/N"" lIID~~ I I .. West. CBD ~Central BUSIness 'nllln DOVER HOVSE coooo~ District) ~ I-- - OCEAN PLACE ;; Existing la d U Sh' t t t CONDO 0 n seuu.......m........ opplng cen er, res auran s, . _ m and rental apartments. . ,- H ~ ~- Proposed land Use.................... Conversion of the 24-unit: I I I I "" ~~ -<C Condominium to a 86-room hotel' f-- - I JAf/D~;:;O MAR k with 6,647 square feet of retail, 5,473 - ~ ~ -...."- square feet of restaurant, hotel lobby I-- _ ~ - I \ \ \ rTrTTH with associated 700 square foot TT 11 tI:1D!:IJ1j i office. 893 square foot' _ ~~ conference/party room_ ~ DlLUlJ 1IfHI)[~~HOOS[ == mE SlKCl II Water Service............................. Existing on site. I-- Sewer Servi . . . tANIKAI ceu...........ww.......... EXIsting on sIte. IIItlAS CONDO ~LHE .o~ f I \lllf T 7 f 'I 1 ~~~\~~~."n . , . . . ~~~=l_;~~-:i~-j~~{~]2_~:-~,;-t)~~~:~~;I,_11~-~~~:~fj~~sL~.:>~:k~~i~i-;~ri.:~"~--~j;~;~~~~~] The action before the Board is that of approval of the following aspects of a Class III site plan modification for the Sea gate Hotel at Atlantic Place, pursuant to LDR Section 2.4.5(G)(1 )(c): o Site Plan Modification; o Landscape Plan; and, o Architectural Elevations. The subject property is located along the south side of East Atlantic Avenue between Venetian Drive and Gleason Street. ~~~~_'~, ~- ~ __~:~~~~>~:-.- -~_ ~~:~, __:~;~-;~~.~.;~, ~~~::}<! ~)I_~~. ~,~~.~~..~~~_:_-:. ~~~___.-~--~~~~~-~.~.:::.:=___J The subject property contains 2.09 acres and consists of three separate existing developments: the Atlantic Center Shoppes, located at the southeast corner of Atlantic Avenue and Venetian Drive; the Huddle Building, located at the southwest corner of East Atlantic Avenue and Gleason Street; and the Island House Apartmentsy located 193' south of East Atlantic Avenue on the west side of Gleason Street. All of the developments comprising the subject property are zoned Centrat Business District (CBD). The City's records regarding the Huddle Building are limited, but indicate that the property was development in 1952 as four apartments and two retail stores. The Atlantic Center Shoppes were constructed in 1948, with additions in 1961, 1963 and 1967. The Shoppes were later remodeled on several occasions during the 1970's. The most recent modification to the Shoppes was an architectural elevation change associated with a new restaurant (Michael's Seafood) that was approved by the Site Plan Review and Appearance Board at its meeting of October 11, 2000. The Island House Apartments were constructed in 1952 and consist of eight units within a two- story building. The most recent land use action concerning this development was a corrective rezoning from Multiple Family Residential - Medium Density (RM) to CBD. This rezoning, which the City Commission approved at its meeting of June 4, 2002, also included the south portion of the Atlantic Center Shoppes property. At its meeting of September 24, 2003, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and associate6 landscape plan for Atlantic Place subject to conditions. The development proposal included the demolition of the existing structures and construction of a mixed use project that contained 24 condominium units; 5,450 square feet of restaurant floor area; 19,620 square feet of retail floor area; and, 18,000 square feet of office floor area. The development included two four-story buildings and a five level parking garage consisting of 283 spaces. The two buildings were separated by an east-west drive aisle, which provided access to the parking garage. The proposal included modification to the on-street parking along Atlantic Avenue and installation of on-street parking along Venetian Drive and Gleason Street. ------ SPRAB Staff Report Seagate Hotel at AUantic Place - Class III Site Plan ModifICation. Landscape Plan and Building Elevations Page 2 The proposal also included the installation of a full enclosed, air-conditioned refuse/compactor building on the south side of the property along with a six foot privacy wall east of the trash compactor. The following are the conditions of approval: 1. That revised plans are submitted addressing the Site and Engineering Plan Technical "ems as indicated in the staff report, and the listed conditions; 2. That the development plans are revised to provide parallel spaces within the Venetian Drive right- of-way of 22' in length; 3. That the trash receptacles within the south building are depicted on the site pian; 4. That the refuse building is modified to accommodate a dumpster or other container for recyclable materials or contractual services be provided to accommodate recycling off-site. 5. That the garbage for the restaurant (and all other uses) is collected in the local trash receptacles then brought to the compactor by the on-site staff during daylight hours and that there is no use of the compactor during the evening hours; 6. That the photometric plan is revised to comply with LOR Section 4.6.8(B) (3) (c); 7. That the site plan, landscape plan and architectural elevatiohs are revised to depict the locations of all light fIXtures; 8. That illumination levels (photometric plan) are provided for the interior of the parking garage and the top parking deck of the parking garage; 9. That the fixtures located adjacent to the refuse building and driveway are eliminated and replaced with a single pole mounted light to be located along the south side of the driveway with the light directed towards the interior of the subject property and that the balance of the lighting along the south side of the property is reduced in number and/or intensity so as to act only as security lighting; 10. That a three foot (3') high screen or wall is provided along the interior of the parking garage at the front of the parking spaces to adequately ensure that the headlights of parked vehicles are obscured from the exterior of lhe building; 11. That a plat for the subjecl development is recorded prior to the issuance of a building permit and that an additional five feel (5') of right-of-way is dedicated for Gleason Street as part of the plat; 12. That the sidewalk is constructed within the Gleason Street right-of-way pursuant to the requirements of LOR Section 6.1.3; 13. That an additional bicycle rack is provided al either the southwest corner of the north building or the northwest corner of lhe south building; 14. That a revised traffic study is provided along with the associated recommended improvements, if any improvements are required; 15. That the applicant address the sight visibility at the parking garage entry; 16. That the proposed compact system - proposed trash collection/compaction system, the site plan is contingent upon effICient functioning- of trash system to be approved by the City. 17. That aU loading and deliveries occur on the property within the proposed aPlaza Drive" area and that no loading or delivery occurs within the public right-of-way. 18. That revised plans are submitted addressing the Landscape Plan Technical Items as indicated in the staff report, and the listed conditions; 19. That the Red Tip Cocoplum h~e or an alternative native hedge species proposed along the south property line is at leasl4B in height at the time of installation; and 20. That adequate spacing is provided between all 'underground utilities to accommodate all landscape materials and that the final locations of all mechanical equipment (i.e. FPL, BellSouth, Cable. etc.) are indicated on the plans. 21. That the applicant shall be responsible for replacing any landscaping material particularly along the south side and the proposed dumpster area to be approved by staff. 22. That additional mid-level palms, such as Alexander's be provided along the north side. 23. That the species in the raised planters are more substantial than Asparagus Fern and extend an appropriate level above the plaza_ . SPRAB Staff Report . Seagate Hotel at Atlantic Place - Glass III Site Plan ModifICation. landscape Plan and Building Elevations Page 3 At its meeting of October 22. '2003, SPRAB approved the architectural elevations associated with the Class V site plan approval for Atlantic Place subject to the condition that a water mark detail be added to the elevations. It is noted that the site plan has not been certified 'and the site plan approval is scheduled to expire on October 22. 2005. It is also noted that the project was approved prior to the implementation of the design guidelines associated with the Downtown Delray Master Plan. A site plan modification has been submitted to change the use of the approval to a hotel with a separate restaurant, retail. and spa and is now before the Board for consideration. , - - - - ' -, - --- ~ ~~ ~- ~- - - - ~ " - - - - - . ~~~_,_~~. ~2~~_~~~~_~~~~-~::'>.;- --~ c ~ ~ :~~ :i-'~~~~~2.:-~',;.2 _.:~~~;--~:~~~~~ -~_.~~~~-~ _-:'"~_...~ The development proposal involves the following: 0 Conversion of the 24-unit condominium and 18,000 square feet of office floor area to hotel rooms/ suites; 0 Reconfiguration of the floor area in the north building that will include 6.647 square feet of retail. 5,473 square feet of restaurant, a hotel lobby with an associated 700 square foot office. 893 square foot conference/party room and 86 hotel rooms; 0 Reconfiguration of the floor area in the south building that will include 2,586 square feet of retail. 1,802 square foot housekeeping area. a 4.406 square foot spa. and 18 hotel rooms; 0 Construction of a pedestrian sky walks between the north and South buildings in the ~, 3m and 4~ stories; 0 Elimination of the two fountains along the north side of the propertY; 0 Reconfiguration of the stairwells and el~vators within the southern building; and 0 Modification and installation of associated landscape areas. ,~ No changes are proposed to the previously approved 283 space parking garage. loading areas. refuse container building or on-street parking. ----.. .- SPRAB Staff Report Seagate Hotel at Atlantic Place - Class III Site Plan ModifICation. Landscape Plan and Building Elevations Page 4 ~~----~.:;ii~-:h~~.-~~~-' S1t};:':~--.;~; ~~f. '- ..~~(;~:;-: ~{~~~~ rJ~.~~~i J COMJ>LlANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the land Development Regulations shall specifically be addressed - by the body taking final action on the site and development application/request.. LDR Section 4.3.3(M) - Hotels and Motels: PurSuant to lOR Section 4.3.3(M)(1), each sleeping room shall contain a minimum floor area of 325 square feet including closets and baths. The floor plans indicate that 66 suites are proposed some of which can be converted into two hotel rooms for a total of 86 rooms. The applicant has submitted a breakdown of each room that indicates that the smallest room consists of 420 square feet. which complies with the minimum square foot requirement. LDR Section 4.4.13 - Central Business District: Since the proposed modification is essentially associated with the use change to a hotel, conformance to the current development regulations is not required. However. the applicable regulations are discussed below. Density: Pursuant to lOR Section 4.4.13(8)(4). multiple family dwelling units, excluding duplexes, are permitted within that portion of the C80 located east of the Intracoastal Waterway up to a maximum density of 12 dwelling units per acre. The density limitations do not apply to the proposed hotel. The applicant has indicated that the proposed hotel may utilize a financing method known as condominium hotel. This finanCing tool involves the sale of individual units to investors that may utilize the unit for private use on a limited basis. The remainder of the time the unit would be used as a hotel room that is managed by the hotelier. Future conversion to standard cdildominium units would be problematic since the 86 units would exceed 41 dwelling units per acre. Condominium hotels are currently not listed as an allowed use. The applicant has recently submitted an amendment to the land Development Regulations to allow the use and is scheduled for the August Blanning and Zoning 80ard meeting. The analysis contained in this staff report is based on the pennitted hotel use. A change from "hotel" to "condominium hotel" may require either a site plan modification or conditional use approval based on the text amendment. Off-Street Parking: Pursuant to lOR Sections 4 A .13( G)( 1 )( d). the parking requirement for restaurants in the CBO Beach Area is 6 parking spaces per 1,000 square feet of floor area. Pursuant - -- . -- - -. -, -- . - SPRAB Slaff Report Seagale Holel at AUantic Place - Class III Site Plan ModifICation, Landscape Plan and Building Elevations Page 5 to -LOR Section 4.6.9(C)(3)(a), the required parking for general commercial uses is 4.5 parking spaces per 1.000 square feet of gross floor area. Pursuant to LOR Section 4.6.9(C)(7)(e). the required parking for hotels and motels is 0.7 spaces for eaCh guest room and 10 spaces per 1,000 square feet of floor area devoted to baRrooms. meeting rooms. restaurants, lounges. and shops. The proposed development consists of 86 hotel rooms _ (0.7 spaces for each guest room). 2.463 square feet of hotel boutique and party room floor area (10 spaces per 1,000 square feet of floor area), 12,839 square:feet of retail and spa floor area (4.5 spaces per 1,000 square feet of floor area). and 5,473 square feet of restaurant floor area (6 spaces per 1,000 square feet of floor area). Based on the proposed number of hotel rooms (86) and floor area distributions, theproposoo development is required to provide- 176 parking spaces and 283 spaces have been provid~. The restaurant was not included in the hotel parking ratio (10 spaces 'per 1,000 square feet), since the applicant has indicated that it will be a op~rated separately from the hotel. The applicant has indicated that the 107 surplus parking spaces will be available to the public. Other Items: On-Street Parallel Parking Spaces: Pursuant to LDR Section 5.3.1 (C), parking lanes where appropriate are part of the standard improvements that are incumbent on a developer. A condition of approval is attached that additional parallel parking spaces are provided along Gleason Street in accordance with direction by the City Engineer. Atlantic Place Site Plan Approval: As not~d in the baekground section of this staff report, the_ site plan for Atlantic Place was approved with conditions. The site plan has not been certified. thus con~truction of the improvements associated with the development approval have not begl!h. The outstanding conditions of approval are attached as Exhibit.. A." A condition of approval is attached -that these conditions of approval are addressed. Technical Items: While the revised-site plan has accommodated most of the staff concerns the following item remains outstanding; and will need be addressed prior to building<pennit submittal. 1. That a 1 Z -wide water and sewer easement are provided over all water and sewer mains with the plat or by separate instrument 2. That a plat be recorded prior to issuance of a building permit SPRAB Staff Report Seagate Hotel at Atlantic Place - Class III Site Plan ModifICation, Landscape Plan and Building Elevations Page 6 - -- ~ - - - - -- --,----- -- - ----- -- -~~ -- - - - - - --~ - - - ~-- -- ~ ----~--~~ ---- ---- f..:.-_~~~__:~__~__~:?_~~-::~v-- )..j l_..:::~~~~~~.:...:::-_:~;.~~~ ;:i '. :i:_~_.--,;._~~:~_~i.- :~;~:~;.-=,~ A revised landscape plan has been submitted and evaluated by tfle City Horticulturalist. The revisions include minor changes to the foundation landscape areas along the south side of the southern buildings, which have been modified due to the changes to the stairwells. These have been changed to include elevators at all four stairwells; elimination of the trash rooms/chutes; and addition Of an electrical room at the southeast comer of the building. The perimeter landscape areas along the east side of the property have been modified to accommodate the relocation of the sidewalk to the outside of the Gleason Street ultimate right-of-way. The perimeter landscape area along the north side of the property has been increased and will be planted with Mona Lavender. Landscape T echnicat Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. That conflicts between landscaping and utilities are resolved in accordance with direction by the City Horticulturalist. 2. That all existing'trees retained' on-site be clearly notated including those that will be removed. ~~ .', ~ .,~~~::..~~_~~~~.~~' 5:i:Jl~ r :i '~ '-=; :J~=~~.~~ f~.~:'..Lst~~~:~<~~~ .~ ~J Pursuant to LOR Section 4.6.18(E). the following criteria shall be considered, by the Site Plan Review and Appearance Board, 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 proposoo stmcture is in conformity with good taste. good design. ...- and in general, cOntributes to' the image of the City as a place of beauty, spaciousness, hannony, 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 criteria which may be set forth for the Board from time to time. The building elevations have been revised to include pedestrian "sky bridges" between the north and south buildings for the second, third and fourth floor floors. The bridges include a barrel tile roof and wood outriggers to match the approved buildings. They also include a variety of window styles and treatments that include a striped awning for . SPRAB Staff Report . Seagate Holel al AUanlic Place - Class III Site Plan Modification. Landscape Plan and Building Bevations Page 7 the windows on the ttlii"dfloor. The bottoms of the bridges include deCorative brackets. The south elevation at the service drive (sheet A4.1) has been modified to include balconies and striped awnings for other windows. The balconies for the center units have been increased and the windows eliminated. This elevation has also been revised to include the sky-bridges. It is noted that most of these changes will not be visible from the public right-of-way due to the sky-bridges. The south elevation of the southern building (sheet A4.2) has been modified to eliminate the windows and balconies at the east and west ends of the building. The floor plans indicate that the bedrooms on the third and fourth will have Windows. However. these windows are not noted on the building elevations. In o~der to provide a better proportion of window to wall area, these windows should be enlarged and provided with variation in style and treatment and is attached as a condition of approval. The north elevation at the alley has been revised to replace the window systems at the east and west ends of the building with balconies. As noted in the backgroun~ seCtion of this report, the Board approved the elevations subject to the provision of a watermark. This watermark has not been noted on the revised elevations and is attached as a condition of approval. Based on the above, a positive finding with respect to LOR Section 4.6.18(E) can be made. h~~ ~-~~ _=. ~~_~~-=s!~8 :C~~~Jlj}~~;:~~~~~~{?:-~~~" ~ ~~' -=-~-~~--;~~~-;:~ -~~ ~-~ Pursuant to LOR Section 2.4.5(G)(1)(c)(Class III Site Plan Modification). a Class III sit~..p.l~n m<?(;Ii~~Jio~ is'.a~ mOEtifi~ation to a site plan which represents either a change in Inten!iiiy' of' use~ or: wltich affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1~ 1 and 3.2.3, as well as required findings of LOR Section 2.4.5(G)(5). Pursuant to LOR Se:ctkm 2z4~5. (6)(5) (Findings), with a Class III site plan modification formal findings under Section 3.1.1 are not required. However, a finding that the c:proposed cfuttlges do not -significantly affect -the originally approved plan must be made concurrent with approval of a-Class III modification. The development proposal involves the conversion of the approved mixed use condominium ~project to a mixed use hotel development. Pursuant to LDR Section 2.4.5(G)(5), this minor modification does not significantly impact the previous findings as they relate to consistency with ttle Future Land Use Map, Concurrency or the Comprehensive Plan. Compliance with the Land Development Regulations was discussed earlier in this report. It is noted that the Atlantic Place development was not certified .for .complipnce with the conditions of approvaL The outstanding conditions of approval that need to be addressed with this approval are attached as conditions of approval in Exhibit "A." The applicable Future Land Use Map, Concurrency an~ Standards for Site Plan Action items are discussed below. , - .- ,. SPRAB Staff Report Seagate Hotel at Atlantic Place - Class m Site Plan ModifICation. Landscape Plan and Building Elevations PageS Future Land Use Map: Pursuant to lOR Section 4.4.13(B)(5), Hotels are allowed as permitted uses in the CBO zoning district However, conversion to a condominium hotel is problematic since this use is not currenUy allowed. As noted previously, condominium hotels are essentiaUy a financing tool. where suites are sold to investors. The investor can then use the hotel room for periods of time. The suite is then utilized as a hotel room managed by the hotelier. The primary concern would be the conversion to a regular residential unit, which would be problematic since the density would exceed the maximum 12 units per acre (44 du/ac). The applicant has submitted a text amendment to include condominium hotels as allowed uses in the CBO zoning district Safeguards wilf need to be addressed by the text amendment to assure the facility will function as a hotel and not a condominium. There will need to be restrictions that will not enable'the facility to operate as a condominium. Positive findings can be made with respect to Future Land Use Map consistency based on the currentfy permitted use as a hotel. It is also noted that while restaurants are permitted, restaurants located within 30<Y of residentially zoned property that are open after midnight require conditional use approval. Concurrency: Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA). which encompasses the CBO, CBO-RC, OSSHAO, 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. The applicant has submitted a traffic study, which indicates that the proposed development will generate a net increase of 5 Average Daily Trips (AOT) compared to the .existing uses, .which is a reduction of traffic im~ct from .~~ Atlantic Place development which would ~llav~ 'gen~rated '127 AQT. the--prophs':ed mixed use project will generate 20 a.m. peak hour -trip's. saSe(r uPon the above, a positive finding with respect to traffic concurrency can be made. Solid Waste: pJ The proposed hotel will generate 167.63 tons o( solid waste per year (71,331 x 4.7 tons/2.000 = 167.63 tons). The retail and spa floor area wig generate 65.47 tons of ~Iid waste per year (12,839 x 10.212,000 = 65-48 tons). The res!auiiultwill generate 68.14 tons of solid waste per year (5,473 x 24.9/2,000 = 68.14 tons). Based upon the above, a total of 301.25 tons of solid waste will be generated each year by the proposed development The proposed modification will result in a net increase of 72.37 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. SPRAB Staff Report Seagate Hotel at Atlantic Place - Class III Site Plan Mod"lficalion. landscape Plan and Building Elevations Page 9 Parks and Recreation: The proposal will not have a significant impact on parks . and recreation facilities. With the change from 24 residential units to 86 hotel units, the parks and recreation impact fee ($500 per unit) will increase from $12.000 to $43,000 [reI. LOR Section 5.3.2(C)(2)). Schools: The proposed conversion from 24 condominium units to a,hotel will eliminate the impact on the public school system as this standard _ does. not apply to non- residential/commercial uses~ Standards for Site Plan Actions [3.1.1 (en Section 3.2.3(H). The City shall consider the efffJct that the proposal will have on the stability of nearby neighborhoods~ FactQTS such [!$- O'{);se, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential-to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The applicant has indicated that the cleaning of linen will take place on site with two washing machines and two dryers in the housekeeping quarters. Given the number of machines. there should be no apverse impact on the surrounding- neighborhood. It may be necessary for the applicant to process a separate site plan modification request for the venting of the dryers. It is noted that there are several outstanding conditions of approval from the Atlantic Place -approval - that s\ill need to be addressed and are attached as Exhibit "A." These C<?oditions are largely associated with the refuse collection system and lighting concerns in order to, ensure <compatibility with the residential neighborhood. .... . - # ~ - - - <.. -~.. . . ) '0 - - ->- ~ ~-_ ~ -- - - - - - ~- - - - - - ~.=-~ ~_ ~__ .:~~~- h~...~~2~cU~~~_~~ ~~~..;~ ~,: ~:.-~ .-;~~: ~-~l ~_-.-'~__ ~::..~~_:.. ~__~-~I_-O~~'"-~__~_ _^" ~__. ~ __u_~~_~~-~d~~_':~'~ _..d --_. Downtown Development Authoritv (DUA): The DDA considered the site plan modification at its meeting of June 13, 2005 and recommended approval. -, Community Redevel()Pni~nt Aqency "eRA): The eRA considered this project at its ri'leetmg 'On June 9, 2005 and recommended approval. SPRAB Staff Report Seagate Hotel at AUantic Place - Class III Site Plan ModifICation, Landscape Plan and Building Elevations Page 10 Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: 0' . Anblles 0 Barr Harbor 0 Barr Terrace 0 Beach Property Owners Association 0 Miramar Garden Apartments 0 Progressive Residents of Delray 0 Presidents Council 0 Via Marina Letters of support and objection, if any, will be presented at the SPRAB meeting. - - --- ~ - ~ - ~ - - - - - ~ ~ - - - ~~_~~~.~~~~~_:~~~=~~~~.-~~-~U~~~~~1:~~.~~-:;;:~~%~~~~dl~-l~~:-/~_;~~~-: :~~~~;_~- ~ ~~~_.~"--- -~ -~~ -x~ The development proposal involves conversion of the 24-unit residential mixed use development (AtJantic Place) to an 86-room hotel (Seagate at Atlantic Place). . The modification is largely a use conversion and has very few exterior changes. The building will be constructed essentially within the same footprint as Atlantic Place. The hotel will include pedestrian sky bridges between the north and south buildings. As a mixed use hotel development, the proposal will be consistent with LOR Section 3.1.1 and Section 2.4.5(G)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Compliance with the Land Development Regulations will be o~ta~ned provided the conditions of approval are addressed. The conversion of the hO~~I'to a condominium hotel would be problematic since this is not currently an a"owed use in the. CBO zoning district. The applicant has submitted a LOR text amendnient re~est to include condominium hotels as allowed.. use.~ in the CBD zoning district. Approval is recommended based on the pennitted hotel use. .- ~ ~ --.:~ ~~-__~. ~_ ~--~~~_<~~---; ~:~.: ~~2-b:i~:-~ ':~~::;~t \;~l~~~?~tl}{t~\~~~~?~ ~~~~:~~:~.~~~~~ :~~: .<<: - -'~~~' j A. Postpone with direction. " B. Move approval of the request for a Class III site plan modification, landscape plan ,avd archijectural elevations for Seagate Hotel at Atlantic Place, by adopUng the findil,lgs of fact arid 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(G)(5) and Section 3.1.1 (Performance Standards) of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for a Class III site plan modification, landscape plan and architectural elevations for Seagate Hotel at Atlantic Place, by adopting the ----- SPRAB Staff Report Seagate Hotel at Atlantic Place - Class III Site Plan Modification. landscape Plan and Building Elevations Page 11 findings of fact and law contained in the staff report, and finding that the request is i~istent with the Comprehensive Plan and does not meet criteria set forth in Sectioiis 2.4.5(G)(5) and Chapter 3.1.1 (Performance Standards) of the land Development Regulations. ~ ~ - ~ - -~ - u - . -:: _.,..;,~ -;:::: - :-;:--~7 -; ,7 ~.s-""'" ~'~ - - ~ ~ _ - ~ -"'7' j _ - , .:.' '< - -~ -- , . -::' ~-- ,~',,, -2 ':.. - , - - - ... .. ~. - ... - - - ~'." - "'" - - --.,.. - - -...... ~ ~-~-- ~"'- _/ . - - - ~ ~ __ _ . __ ~ ~ _~_ _ __~~ __~ _...... _.-.;,. '_r_ _ ._~__-==-- ~-"__ - __ ~::..- .;\._' ~~"... _ -'__ _A~ ,...:.,.,;->> ~.._....,." _"'-'____.i'_ _~~:.._ .... -"_.. By Separate Motions: Site Plan: Move approval of the Class III site plan modification for Seagate Hotel at Atlaotic Place, based upon positive findings willi respect to Chapter 3 (Performance Standards). and Section 2.4.5(G)(5) of the land Development Regulations, and the objectives and policies of the Comprehensive Plan, subject to the following conditions: 1: Addr($s all Site Plan and Engineering Technical Items anti submit three (3) copies of the revised plans; 2. That the conditions of approval attached as Exhibit .. N' are addressed with the site plan modification; and 3. That additional parallel parking spaces are provided along Gleason Street in accordance with direction by the City Engineer- Landscape Plan: ~'(e, ~,pproval of the request for landscape plan approval for Sea,gate Hotel at Ati~~~c ~~c~. by adopting the findings of fact and law Contained in' the staff report, arid'fipdlng tf'!al, ~ r~quest is consistent with the Comprehensive Plan and meets criteria, set 'fc;>rth in'Sections 4.6.16 of the land Develop~ent Regulations, subject'to the folloWing condition: 1~; ,Thai revised plans are' sub~itted addressihg' 'the' 'Uindscgpe Plan, TechniCal items and submit three (3) copies of the revised plans_ ~- Elevations: - ~(jve approval of the request for archit~ctural elevations' for Seagate Hotel at Atlantic Place, by adopting the findings of fact and law contained in the sfaff report, and finding that the request and approval thereof 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 conditions: - -- SPRAB Staff Report Seagate Hotel at AUantic Place - Class III Site Plan Modification. Landscape Plan and Building 8evations Page 12 1. That all windows along the south side of the southern building are noted on the bu~ilJ9 _ele.vatjQn~__. and, tflqt ~,t!ey are- _i~~~ed ,in size in order to achieve ptOpbrtiohailtY wiftf me- \WIll 'arti~f-'fn illiS afea and that they are vaned in style and treatment; and 2. That a water mark detaifbe added to the ~ildiOg elevations. Attachments: . Exhh>it -A;' . Site Plan, landscape Plan and Building Ele~tions Report prepared by: Scott Papa. ~Senior Plan~r .J , - - -- SPRAB Staff Report . Seagate Hotel at Atlantic Place - Class III Site Plan ModifICation. landscape Plan and Building Elevations Page 13 - - - - - - - - -. C .- - - - ~ ~- , - - - ~ -~ -- - - ~~ _...:..._~ ~:_ _~~-~_;;:.-_~ __ __" ~ -=- - ~ ----._~_::__. ___ ; 'ir ____~~____. _" _ ~C____ ___ ___ -- - - ~ - - ~ -- -.- -~ '- 1. That revised plans are submitl~ addressing the Site and Engineering Plan Technical Items as indiCated in the staff report (dated September 24, 2003). 2. That the trash receptacles within the south building are depicted on the site plan. 3. That the refuse building is modified to accommodate a dumpster or other container for recyclable materials or contractual services be provided to accommOdate recycling off-site. 4. That the garbage for the restaurant (gild atl other uses) is collected in the local traSh receptacles then brought to the compactor by the on-site staff during daylight hours and that there is no use of the compactor during the evening hours. 5. That the photometric plan is revised to comply with LOR Section 4.6.8(8) (3) (c). 6. That the site plan. landscape plan and architectural elevations are revised to depict the locations of all light fIXtures. 7. That illumination levels (photometric plan) are provided for the interior of the parking garage and the top parking deck of the parking garage. 8. That the fixtures located adjacent to the refuse building and driveway are eliminated and replaced with a single pole mounted light to be located along the south side of the driveway with the light directed towards the interior of the subject property and that the balance of the lighting along the south side of the property is reduced in number andlor intensity so as to act only as security lighting. 9. That a three foot (3') high screen or wall is provided along the interior of the parking garage at the front of the parking spaces to adequately ensure that the headlights of parked vehicles are obscured from the exterior of the building. 10. That a plat for the subject development is recorded prior to the issuance of a building permit and that an additional five feet (5') of right-of-way is dedicated for Gleason Street as part of the plat. 11. That an additional bicycle rack is provided at either the southwest corner of the north building or the northwest comer of the south building. 12. That the applicant address the sight visibility at the parking garage entry. SPRAB Staff Report seagate Hotel at Atlantic Place - Class III Site Plan Modification. landscape Plan and _ Bui1<fsng Elevations Page 14 13. That the proposed compact system - proposed trash collection/compaction system. the site plan is contingent upon efficient functioning of trash system to be approved by the City. - - 14. That all loading and deliveries occur on the property within the proposed -Plaza Drive- area and that no loading or delivery occurs within the public right-of-way. 15. That revised plans are submitted addressing the Landscape Plan Technical Items as indicated in the staff report. and the listed conditions. 16. That the Red Tip CocopIum hedge or-an altemative -ri~tive hedge species proposed along the south property line is at least 4:5' in height at the time of instaUation. 17. That adequate spacing is provided between alt underground utilities to accommodate all landscape materials and that the final locations of all mechanical equipment (i.e. FPL. BetlSouth. Cable, etc.) are indicated on the plans. 18. That the applicant shall be responsible for replacing any landscaping material particularly along the south side and the proposed dumpster area to be approved by staff. 19. That additional mid-level palms, such as Alexander's be provided along the north side. 20. That the species in the raised planters heed to be more subs~~ntial than Asparagus F em and extend an appropriate I~vel abOve the plaza. pE " -""~'u ~ ~ -~ L - - . ; I , . _d II II --- -- II II It II II ~ ~II .l! II I~ I :t II ~~ It J S~ ~l'>' .., ~ . en ~ 6 ~. i! ~ . '- €'.....,.._~ - -- - --..-...-: ... .. .... . I' "1'. '1. " r IRq. -It I ..(! ~. - I '11 I II. JJ, i'l - l I!I Iii hi1li I m!i1I~ Il I. I -I .t u .,,1 i-I' t~,iI p!ii II .. ,,,ul ,I ! II i .,on ~ 11 111 t1 1-' It .mw :>:>11111 - I' Ii I II .. it" i t;fu ~ i. ,,,.t.t. q -OJ C c ?;t!:t I i I .mn J .- - f I t ----- I -.... .- :::..:. - . -j-- RANDALL ---~- - ~""""'TE W01EL. ~ ATLANTIC f'LACe i' ~X9f~J: ea..t Atlantic A~ . Dell"all eoad1. 1=t. . .uK.~A-..Oek~ ee.d1"R.. 3J.4.4..4 (ShUl.~~ MepIes.fl. 123'SJ162.~11 - -- . .. ~ . -- -- -- . o...,.....~.. ...-..-=:E.*'C.. _~G .....:___ ~ - ",~.::s. .......-"""E"_ __~~-_...--_.....-..--~ ___0If --- ---. ..~.~...- ~~ ....... = ~ ~ ~" '., " ,.. .,~. r"4~... 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'" ~ I '"\ ~ DORCHESTER I I I '----)-.. ~ CO- OP J =-=- , I <( ====- THOMAS STREET N,[. 2ND ST. / 13 - EAST WIND I 5: _ - /..4, BEACH CLUBS fr: '-- ---(.:f - r-- '::::!J BERKSHIRE W ~ < ./ w 1-- J-,J' ORIV J - -E. IS CT. I 3 BY THE SEA I II .. <( >~ ~ r- ...:.~ GROSVENOR l~ 5: - 19 0 Ii ~ ,~ ,~~ Z I.. 1ST I LOWRY STREET MANOR HOUSE I ~ ....E. ST" ~ ~ I CONDO <... ~ ~ FJR~ <( DELRA Y ~, STA. VETERANS SUMMIT ~ ~ ===:; GROVE NO. 2 Lu PARK CONDO j ~ w ------/ CONDO a 0 ~ ~ ~ ~ ~- r---. 0 0 - ...: l---1 ~~ ~- ~ TERRACE I CONDO I SPANISH DfLRA Y BEACH J J RIVER MARRIOTT J RESORT EAST ATLANTIC AVENUE w TI~ I' /J IT I. -~ "'::1 WATERWAY EAST ' ~ -<( 0 _ COMMERCIAL - - f- = CONDO - <<:- '" - = ~ ~ J - f:;! - 1-1- I 2: = BAR~ W R ~ ~ HARBOUR ~ <( ~ r--- I CONDO I ,a a -1 5.[. 1ST ST. -1 I I MIRAMAR l STREET I t, f- ,~' <( I , illD == I I I .t <( 1--- mm - DOVER HOUSE CONDO -1 l== U) ~ - . . OCEAN PLACE :::> ~ <( C~O 0 ~ 0 _ m <-.) COCONUT ROW II I ,- ~ I I I I 2: II <( I I I INGRAHAM ," AVlcNU ~ , L 0::: JARDIN DEL MAR w 1--- - -P CONDO - ~ OCEAN lERR. (J 2 SEAGA IE E f-- lITAN 1Fm> f I 0 ___ _ TOWERS ~ I l I J I I J I I N - SEAGATE HOTEL AT ATLANTIC PLACE OTY OF OCUlA Y 8[AOi. f'l PlANHlNC & ICl'l1NG O[PARTNOH - - lJICITAL BASE AlAP SYSTEM _ - I.tAP REF: U.849 [IT' DF DELIA' BEA[H ~ DELRAY BEACH , 0 I j) A b'.e:d 100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 All-America City , III I! 1993 MEMORANDUM 2001 TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager DATE: August 29,2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 6. 2005 REQUEST TO LEASE PARKING SP ACES ANCHOR PARK PARKING LOT ACTION City Commission is requested to consider approval of a request received form Paragon Events to lease fifty (50) parking spaces for valet parking in the Anchor Park lot on September 10, 2005 from noon to 6:00 p.m. to facilitate an event at the Seagate Beach Club. BACKGROUND Attached is an e-mail request received from Rene' Radabaugh to utilize approximately fifty (50) spaces in the Anchor Park lot for valet parking for an event to be held at the Seagate Beach Club on September lOth from noon to 6:00 p.m. This request was reviewed by the Parking Management Advisory Board at their August 23rd meeting. The Board recommended approval with conditions. Staff is recommending providing the north and center spaces in the lot except for eight (8) spaces at the east end of the northern sector which would be used for lifeguard and citizen parking. We are also recommending that these spaces be barricaded off at 8:00 a.m., that we charge the meter fee from 8:00 a.m. to 6:00 p.m. that any spaces not used by 2:30 p.m. be opened to the public, and that the valet company be required to provide a certificate of insurance per the attached requirements. Staff also recommends that the area, secured for valet parking, be manned by the requestor at 8:00 a.m. and they be required to provide a hold harmless agreement. Barricading can be done on regular time without overtime costs. Total estimated meter revenue is $375.00. * Printed on Recycled Paper THE EFFORT ALWAYS MATTERS <=\~ ~ '-- SUBJECT AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 6. 2005 REQUEST TO LEASE PARKING SPACES ANCHOR PARK PARKING LOT August 29, 2005 Page 2 RECOMMENDATION Staff recommends approval of the request from Paragon Events to lease fifty (50) parking spaces in the Anchor Park lot on September 10, 2005 from 8:00 a.m. to 6:00 p.m. per staff recommendations and conditions. RAB/tas Attachments FIle u sweeney/agenda Doc Request to Lease Parkmg Spaces Anchor Park Parkmg Lot DElRAY BEACH Planning & Zoning Department ~ AII-AnBIcaCity MEMORANDUM , , III! 1993 2001 ---..- - ---- - ~-.- . ~- -- --- _'~T'_ --.-- TO: Parking Management Advisory Board FROM: Scott Aronson, Parking Management Specialist RE: Add On - PMAB Regular Meeting of August 23, 2005 Review A Request From Paragon Events To Lease Parking Spaces In The Anchor Park Parking Lot I Action: I The item before the Board is to make a recommendation to the City Commission regarding a request from Paragon Events to lease 50 parking spaces in the Anchor Park Parking Lot to facilitate an event at the Seagate Beach Club. I Background & Analysis: I Paragon Events will be facilitating an event at the Seagate Beach Club located on Ocean Boulevard (SR A1A) and Casuarina Road on September 10,2005. To assure sufficient parking to accommodate guests of the event they have requested to lease 50 spaces at the Anchor Park Parking Lot. Although the event is scheduled from Noon to 6:00 PM they would like to reserve the spaces from 8:00 AM to assure their availability. They have agreed to pay the regular meter rate of $.75 per hour per space for a total of $375 ($.75 x 10hours x 50 spaces = $375) to be paid in advance of the event. To accommodate the event staff will barricade the center and northernmost parking tiers upon opening the facility in the morning. Paragon events will be responsible for having the lot manned to prevent the barricades from being moved and the spaces occupied. The four lifeguard/staff and four (4) public spaces will still be available on the east side of the northernmost parking tier. A total of 28 parking spaces (four (4) in the northernmost parking tier and 24 in the southernmost parking tier) including the four (4) handicapped spaces will remain available for utilization by the general public. Staff supports the request for Paragon Events to lease 50 spaces for an event at the Seagate Beach Club. I Staff Recommendation: I Recommend approval of the request from Paragon Events to lease 50 parking spaces in the Anchor Park Parking Lot on September 10, 2005 to facilitate an event at the Seagate Beach Club. Attachment: Aerial Message Page 1 of 1 7()~/Z5~ Barcinski, Robert From: Barcinski, Robert Sent: Thursday, August 18, 2005 3:46 PM To: Sweeney, Tracey Cc: Aronson, Scott Subject: RE. Message to Bob Barcinski Tracey pass this on to Scott Aronson and tell her to converse with him. It will have to go to PMAB and they have a meeting next week -----Origina I Message----- From: Sweeney, Tracey Sent: Thursday, August 18, 20052:55 PM To: Barcinski, Robert Subject: FW: Message to Bob Barcinski -----Original Message----- From: Renee Radabaugh [mailto:Reneec@paragon-group.com] Sent: Thursday, August 18, 2005 1:55 PM To: Sweeney, Tracey Cc: 'Kathleen Cronin' Subject: Message to Bob Barcinski Good afternoon: I just called to request Mr Barcinskl's e-mail address and the receptionist suggested I forward to e-mail to you for Bob. Thanks you. Message: Bob. We are doing an event at the Seagate hotel - we would like to know If there is any chance of securing 1/3 of the parking lot at the south end of the beach...We may need a little more parking for the valet. It would be from 12:00 noon to 6.00 pm - so we would need it in the morning (September 10th is the event date) ~ Please let me know if this IS possible. Thanks. RR. Renee Radabaugh Paragon Events Phone: 561-243-3073 ext. 30 Fax: 561-274-4849 'l-Jw.w..p~ragQ.n-g[9!JQ corn v,,-w_w paragQI1..:marketing.com ~WW.P~f~9QD-~~~ol~~cQD1 VolW'W..9rQlJprooms J::Q,m 0: __J 8/18/2005 ,J .vJ4- G 5 - -- - - --- - --- ----- - -- INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. [IT' DF DELIA' BEA[H ~ DELRAY BEACH F LOR I .) " lIad 100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 AII.America City , III I! MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM: ~;~obert A. Barcinski Assistant City Manager DATE: August 30, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 6. 2005 PROPOSED FY 2006 MAXIMUM RATES - LAKEVIEW GOLF COURSE ACTION City Commission is requested to approve proposed maximum rates for FY 2006 for the Delray Beach Lakeview Golf Course. BACKGROUND Attached is the proposed maximum rate schedule for the Lakeview Golf Course along with a rate comparison for other like golf courses. Rate increases proposed average between 3.0% and 5.0%. Fees proposed are in line with other comparable courses. This course is price sensitive. Also attached is additional information and justification for the proposed rates. RECOMMENDATION Staff recommends consideration of approval of proposed maximum rates for FY 2006 for the Delray Beach Lakeview Golf Course. RAB/tas FIle u sweeney/agenda Doc 2006 rates /akevlew golf course meetmg * Prmted on Recycled Pape' THE EFFORT ALWAYS MATTERS qe, . "b ~ - '#.'#. '<ft.'#. '<ft.'#. 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E ~ CI) 0 ~ .- ~~~i:i: ~~~i:i: ~ ~ m = Z 0:: ll. ._ ..J ll. = - South Palm Beach - Area Executive Golf Courses 2004-2005 Rate Comparison Lakeview 2005-06 Proposed Maximum Boca Exec Red Reef Boca Exec Rates Lakeview Muni Sherwood Park Country Club Ride 18 Holes "Shoulder" November, 2004 - December, 2004 ResidentlLeague/Charity $ 24.00 $ 23.00 $ 26.00 $ 26.50 $ 26.00 $ 28.50 Non-Resident $ 26.50 $ 25.00 $ 32.00 $ 26.50 $ 32.00 $ 28.50 "Season" December, 2004 - April, 2005 ResidentlLeague/Charity $ 31.00 $ 28.00 $ 26.00 $ 26.50 $ 26.00 $ 28.50 Non-Resident $ 33.50 $ 30.00 $ 32.00 $ 26.50 $ 32.00 $ 28.50 "Summer" April, 2005 - November, 2005 ResidentlLeague/Charity $ 15.50 $ 14.00 $ 17.00 $ 14.00 $ 17.00 $ 15.50 Non-Resident $ 17.00 $ 16.00 $ 22.00 $ 16.00 $ 22.00 $ 15.50 Walk 18 Holes "Shoulder" November, 2004 - December, 2004 Resident/League/Charity $ 16.00 $ 16.00 $ 16.50 No Walk $ 16.50 $ 19.00 Non-Resident $ 20.00 $ 20.00 $ 20.50 No Walk $ 20.50 $ 19.00 "Season" December, 2004 - April, 2005 Resident/League/Charity $ 21.00 $ 19.50 $ 16.50 No Walk $ 16.50 $ 19.00 Non-Resident $ 24.00 $ 23.00 $ 20.50 No Walk $ 20.50 $ 19.00 "Summer" April, 2005 - November, 2005 Resident/League $ 11.50 $ 11.00 $ 10.50 No Walk $ 10.50 $ 11.00 Non-Resident $ 13.00 $ 13.00 $ 14.00 No Walk $ 14.00 $ 11.00 *AII rates include sales tax *Other golf courses in competitive analysis do not have a "shoulder" season Lakeview Rate Philosophy The general philosophy of Lakeview Golf Club is to serve the public with a first class golf experience at affordable rates, and offer all City of Del ray Beach Residents a discount on golffees. This has led to solid revenue, and has reciprocal value to our sister Delray Beach facilities. As more people play at Lakeview, they learn about special offers and upcoming events at Derray Beach Golf Club and Delray Beach Tennis Center, which leads to more memberships, merchandise sales, food & beverage revenue, and exposure to our banquet facilities. In addition, we have found that every round at Lakeview amounts to approximately $1.00 in additional revenue Food & Beverage and/or Merchandise. At Lakeview, we have three seasons: first is the "shoulder" (mid-November to mid-December); followed by "season" (mid-December to mid-April); and finally "summer" (mid-April to mid-November). The dates of these seasons may vary from year to year by a few days, as we often begin a new rate period on a weekend. The shoulder season has rates that range between our summer rates and our season rates, Our experience has taught us that having this season is an effective way of capturing the business of "snow birds", who have just arrived in Florida. Once they have played our course, and become comfortable with playing conditions and staff, they will continue to play with us throughout the "season" at higher rates. The proposed "maximum" rates at Lakeview have been put together based on the following criteria: . Review of competitive market . Past experience . Review of rate increase from previous years . Survey results I comments . Feedback from League Officers Please note that the term "actual" rate differs from the term "maximum" rate. It has been the policy of the City of Del ray Beach Commissioners to approve the "maximum" rate for the golf course. This gives the management company latitude to adjust the actual rates during the year in case of fluctuations in world economy, market conditions, course conditions, and adverse weather or terrorist attacks that may affect tourism. As a general rule, we tend to keep the "actual" rates very close to the ''maximum'' rates. Lakeview is a unique course, because of several factors: 1) Leagues: The revenue and rounds for Lakeview are driven by league play. These leagues are very price sensitive and always complain about rate increases. Many league players also play at Lakeview throughout the year outside of their league. 2) Age: The average age of the regular golfers at Lakeview (other than our Junior Golf League mem hers) is nearly 70 years of age. These customers are typically not wealthy country club members, and are extremely price conscious. 3) Competitive landstape: When we do an analysis of the competitive market for Lakeview, we always include Boca Raton Executive and Red Reef Park on the spreadsheet. However, the two main competitors to Lakeview are Sherwood Park and Boca Executive. Our biggest competitor is Sherwood, which is less than 2 miles away off of Atlantic Avenue, between Congress and Military trail. In addition, Boca Executive Country Club, near the Boca/Delray Beach border, offers extremely comparable rates to ours. While we monitor the rates of the Boca Executive course, we pay particular attention to the rates at Sherwood. We have enclosed copies of: . Proposed '"maximum" rates for 2005-2006 . Competitive survey for 2004-2005 . Please note that the survey is for the previous year, as all of the competitive courses surveyed have not yet determined their rates for the "shoulder", "season" and "summer" of 2005. 2006. We have carefully scrutinized our rates and are confident that our proposed maximum rates will not cause us to lose customers. For fiscal year 2005 - 2006, we anticipate Lakeview to total roughly 52,800 rounds, with an average rate of $16.76 per round. The breakdown of play is approximately City Resident 35% and Non Resident 65%. - -~--- - ----- 0/\ [ITY DF DElRAY BEA[H P1 DELRA Y BEACH f lOR I 11 .II tdb:II 100 N.W. 1 5t AVENUE DELRAY BEACH, FLORIDA 33444 561{243-7000 All-America City , 'III! MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM: / ~obert A. Barcinski f: Assistant City Manager DATE: August 30, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 6. 2005 PROPOSED FY 2006 MAXIMUM RATES - MUNICIPAL GOLF COURSE ACTION City Commission is requested to approve proposed maximum rates for FY 2006 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 and additional information. Increases in rates are proposed for prepaid green fees, cart fees, daily greens fees, range balls, and other miscellaneous rates. Rate increases range from 1.7% to 12.5% for prepaid walkers and are based on market conditions. Golf fees, except for prepaid green fees, are in line with other golf courses. RECOMMENDATION Staff recommends consideration of approval of proposed maximum rates for FY 2006 for the Municipal Golf Course. 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CD';;;;;;CC ~ ~~~(l) ~~~(l) ~:~(l) :E~.3lt~(3 ~c3~ o:&!~~~ : -------- Delray Beach Golf Club Golf Course Survey 2004-2005 (All rates include Tax) I i I DELRAY I BEACH GOLF I WEST CLUB 2005-Cl6 I PALM PROPOSED DELRAY I NORTH PALM BEACH MAXIMUM I BEACH GOLF BOCA BOYNTON: PALM BEACH LAKE GOLF I RATES CLUB! MUNICIPAL MUNICIPAL BEACH GARDENS WORTH COURSE PE.RMIT SINGLE RES $ 1,208.78 $ 1,166.00 $ 750.50 $ 600.00 $ 1,045.00 $ 925.00 $ 693.25 $ 955.00 SINGLE NON RES $ 1,917.00 $ 1,855 00 $ 1,157.50 n/a i $ 1,716.00 $ 1,200.00 $ 1,155.43 $1,225.00 FAMILY RES $ 1,890.38 $ 1,828.50 ! $ 1,237.00 n/a i $ 1,717.00 $ 1,600.00 i n/a n/a FAMILY NON RES $ 2,609.25 $ 2,517.50 ! $ 1,842.00 n/a i $ 2,868.00 $ 1,800.00 n/a n/a I ! BAG STORAGE $ 95.85 $ 90.10 $ 90.00 $ 60,00 $ 100.00 n/a $ 70.33 $ 80.00 I I CHARITY CARD $ 27.00 $ 25.00 $ 23.00 n/a $ 27.69 $ (2.00) $ 20.00 $ 25.00 I COMBINED GREEN AND CART FEE i I JAN-MAR RES $ 43.00 $ 41.00 $ 43,50 $ 49.00 $ 46.86 $ 41.00 $ 51.39 $ 40.00 NON RES $ 60.00 $ 49.00 $ 56.00 $ 49.00 I $ 71.36 $ 46.00 $ 51.39 ! $ 49.00 NOV,DEC&APRIL I I RES $ 40.00 $ 38.00 $ 28.50 $ 39.00 j $ 46.86 $ 31.00 $ 45.80 $ 41.00 NON RES $ 50.00 $ 47.00 $ 35.50 $ 39.00 ! $ 71.36 $ 36.00 $ 45.80 $ 52.00 MAY - OCT RES $ 25.00 $ 24.00 $ 28.00 $ 26.00 $ 31.95 $ 30.00 $ 26.74 $ 24.00 NON RES $ 30.00 $ 27.00 $ 35.50 $ 26.00 $ 31.95 $ 35.00 $ 26.74 $ 27.00 ! WALKING FEE JAN-MARCH RES $ 17.00 $ 18.00 $ 22.50 $ 16.00 $ 5.00 $ 14.00 $ 37.18 $ 15.00 NON RES $ 20.00 $ 18.00 $ 27.00 $ 16.00 ' $ 5.00 $ 18.00 I $ 37,18 I $ 17.00 NOV,DEC&APRIL RES $ 22.00 $ 15,00 $ 22.50 $ 13.00 $ 5.00 $ 14.00 $ 22.10 $ 28.00 NON RES $ 26.00 $ 15.00 $ 27.00 $ 13.00 $ 5.00 $ 18.00 $ 2210 $ 33.00 I MAY - OCT I RES $ 16.00 $ 16.00 ! $ 18.00 $ 7.00 $ 5.00 $ 14.00 $ 16.07 $ 17.00 NON RES $ 18.00 $ 18.00 : $ 25.00 ! $ 7.00 I $ 5.00 $ 18.00 $ 16.07 $ 18.00 I , I ! NOTE: North Palm Beach walking fees are low because North Palm Beach only allows members or village residents to walk. i - ------ ~------ --- ----- ---- Delray Beach Golf Club Rate Philosophy The general philosophy of Delray Beach Golf Club is to serve the public with a first class golf experience, and offer all City of Del ray Beach Residents discount on golf fees. It is our belief that the club should balance a high volume of play, which satisfies a large segment of our golf population, with the need to maintain our golf course at a high standard. As more people play at Delray Beach Golf Club, they learn more about special offers and up~ming events at Lakeview Golf Club and Delray Beach Tennis Center, which leads to more memberships, merchandise, food & beverage revenue, and exposure to our banquet facilities. In addition, we have found that every round played at Delray Beach Golf Club generates approximately $5.00 in additional revenue ($2.00 in Food & BeveragelBarlBeverage Cart, $1.00 in Driving Range, and $2.00 in Merchandise). At Delray Beach Golf Club, we have three seasons: first is the "shoulder" (mid-November to mid- December); followed by '.season" (mid-December to mid-April); and finally "summer" (mid-April to mid. November). The dates of these seasons may vary from year to year by a few days, as we often begin a new rate period on a weekend. The shoulder season has rates that range between our summer rates and our season rates. Our experience has taught us that having this season is an effective way of capturing the business of "snow birds", who have just arrived in Florida Once they have played our course, and become comfortable with playing conditions and staff, they will continue to play with us throughout the "season" at higber rates. Our budget for FY 2005-2006 calls for 86,000 rounds at an average golf rate of$21.39. These numbers exclude annual permits. The proposed "maximum" rates at Delray Beach Golf Club have been put together based on the following criteria: . History of Rounds . Review of rate increases from previous years . Review of competitive market Please note that the term "actual" rate differs from the term "maximum" rate. It has been the policy of the City of Del ray Beach Commissioners to approve the "maximum" rate for the golf course. This gives the management company latitude to adjust the actual rates during the year in case of fluctuations in world economy, market conditions, course conditions, and adverse weather or terrorist attacks that may affect tourism. Our proposed maximum rates reflect a philosophy of offering City Residents significant savings 365 days a year. We anticipate that City Residents will save between $5-$10 per round between November 12,2005 and April 15, 2006 and $3.$5 per round between April 16, 2006 - November 10,2006. Our proposed maximum rates reflect rates which are in line with other municipal golf course in Palm Beach County. We anticipate a breakdown of round as follows: Permit 25%, City Resident 40%, County Resident 20%, Non Resident 15%. We are ~mfortable that these increases will not have an impact on our customer base, but will allow us to aggressively market our golf course as being ..affordable" at all times. ------- . In general we expect to charge City Residents golf rates close to the Proposed Maximum. In regards to County and Non-Resident rates, we will closely monitor OUT competition and our on going business to maximize rounds and revenues by charging rates that are in line with competition and are perceived as affordable. AnDual permlts{prepaid green fees) Our budget calls for approximately 160 annual permit holders to total $220,000. We believe that it's important to balance the needs of our golfers who pUTchase annual permits with the need of our City to have sufficient tee times available for City and County Resident and tourists. We are proposing between 3.3% to 3.7% in annual increases. We have enclosed copies of . Proposed maximum rates for 2005-2006 . Competitive survey for 2004-2005 Please note that the survey is for the previous year, as all of the competitive courses surveyed have not yet determined their rates for next year. In summary, we believe that the proposed maximum rate structure will allow the management team the flexibility to meet or exceed our budgeted rounds and revenues. - ---- ---- ~ [IT' DF DElRA' BEA[H DElRAY BEACH f () R I Ii ... tr.ed 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 All-America City , III J! MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM: ~obert A. Barcinski Assistant City Manager DATE: August 30,2005 SUBJECT: AGENDA CITY COMMISSION MEETING SEPTEMBER 6. 2005 PROPOSED MAXIMUM RATES FY 2006 - TENNIS FACILITIES Action City Commission is requested to approve proposed maximum rates for the Tennis Facilities for FY 2006. Backaround Attached are proposed maximum rate increases for Tennis Facilities for FY 2006 along with rate comparisons with other facilities. Proposed rate increases for membership range from 0% to 3.0%. Increases are also proposed for court use and light use. All rate increases proposed are based on market conditions. Additional information and justification is provided. Recommendation Staff recommends consideration of approval of proposed maximum rates for the Tennis Facilities for FY 2006. RAB:tas FI/e:u sweeney/agenda Doc, 2006 rates tenms faclltttes meetmg @ Pf/nt9d 0/1 R9CVC/9d Pap9r THE EFFORT ALWAYS MATTERS C\E , Delny Beach Tennis Center Rate Philosophy The general philosophy of the Delray Beach Tennis Center which includes one facility on Atlantic Ave. and one facility on Jaeger Drive, is to serve the public with a first-class tennis experience, and to offer affordable tennis to a wide segment of our tennis population. Our rates structures offer discounts for City of Delray Beach Residents. In addition, we offer further rate reductions ifpeople play in the afternoon or on our hard courts. It is our belief that the club should balance a high volume of play with the need to maintain the courts at a high standard. As more people play at the Delray Beach Tennis Center, they learn about special offers and upcoming events at Lakeview Golf Club and Delray Beach Golf Club. In addition, they will also become involved in our lesson programs, which will benefit both the teaching pros and the City of Del ray Beach with incremental revenue. At Delray Beach Tennis Center, we have two seasons: "Season" (November 1- April 30) and "Summer" (May 1 - October 31). We offer either an annual membership, or a summer membership to promote play in the off-season. Our FY 2005 - 2006 budget anticipates that we will sell 439 memberships ($157,000 in revenue). In addition, our budget calls for us to generate approximately $80,000 in court fees and $250,000 in gross lesson income. The proposed "maximum" rates at Delray Beach Tennis Center bave been put together based on the following criteria: . History of plays . Review of rate increases from pervious years . Review of the competitive market It has been the policy of the City of Del ray Beach Commissioners to approve the "maximum" rate for the Tennis Centers. This gives the management company latitude to adjust the actual rates during the year in case of fluctuations in the world economy, market conditions, course conditions, and adverse weather or terrorist attacks that may affect tourism. As a general rule, other than lesson rates, the "actual" rates are the same as "maximum" rates. Actual lesson rates were approximately $3 - $7 below maximum rates in 2004 - 2005. The Delray Beach Tennis Center is unique, because of several factors: Lessons: We offer lesson programs for juniors, adults, men, women, and inner-city children - these programs range in ability from beginner to advanced Memberships: We offer incentives for people to become members by offering priority court reservations, discounts on lessons and clinics, and discounts on special events and tournaments Leagues: All ladies participating in the South Palm Beach County Women's Tennis Association league must be members of our tennis center. Presently, we have approximately 125 ladies who are members Competition: Although we track rates, plays and membership for all of the competitive municipal tennis centers in Palm Beach County, experience tells us that tennis players will not drive more than 15 minutes for a tennis court or lesson According to the attached rate survey for 2004 -2005, we find that the Delray Beach Tennis Center is at the high end for Resident and Non-Resident rates in all areas compared to other municipal tennis operations. Although private tennis clubs are not direct competitors to the Delray Beach Tennis Center, it is important to note that some clubs allow Non- Resident single memberships for a fee between $700 and $1,500 per annum. , The Delray Beach Tennis Center is recognized as one of the finest municipal tennis centers in South Florida. We believe that our proposed "maximum" rates are in line with the quality of the courts and services offered, and allow us to attain sufficient revenues to minimize our annual cash shortfall. We have carefully scrutinized our rates and are confident that our proposed maxim urn rates will not cause us to lose memberships, court fees, or lesson revenue. It is our plan to raise the actual fees in general between 3-5%. In summary, we are confident that our proposed rates are in line with our competition, will promote goodwill with our members and open players, and will allow us the opportunity to meet budget. ~~2005 - tft4}' C/2'/V~ , . Of -1.s / 6' ~ D /'~ 0 (70. DELRA Y BEACH TENNIS CENTER - FISCAL YEAR 2005-200 4i-1~".', 'j' PROPOSED MAXIMUM MEMBERSHIP RA TES -1G~1i> TYPE OF ANNUAL MEMBERSHIP (10/1/05-9/30/06): EXISTING PROPOSED % INCREASE RESIDENT SINGLE $ 295.00 $ 305.00 3.4% FAMILY $ 445.00 $ 460.00 3.4% JUNIOR $ 50.00 $ 50.00 0.0% HIGHLAND BEACH RESIDENT SINGLE $ 405.00 $ 420.00 3.7% FAMILY $ 565.00 $ 585.00 3.5% JUNIOR $ 75.00 $ 75.00 0.0% NON-RESIDENT SINGLE $ 515.00 $ 535.00 3.9% FAMILY $ 700.00 $ 725.00 3.6% JUNIOR $ 100.00 $ 100.00 0.0% TYPE OF SUMMER MEMBERSHIP (5/1/06-9/30/06): EXISTING PROPOSED % INCREASE RESIDENT SINGLE $ 120.00 $ 125.00 4.3% FAMIL Y $ 185.00 $ 190.00 2.8% JUNIOR $ 35.00 $ 35.00 0.0% HIGHLAND BEACH RESIDENT SINGLE $ 155.00 $ 160.00 3.3% FAMILY $ 235.00 $ 245.00 4.4% JUNIOR $ 45.00 $ 45.00 0.0% NON-RESIDENT SINGLE $ 190.00 $ 195.00 2.7% FAMILY $ 275.00 $ 285.00 3.8% JUNIOR $ 55.00 $ 55.00 0.0% NOTE: MEMBERSHIP RATES LISTED ABOVE DO NOT INCLUDE FLORIDA SALES TAX. FAMILY = HUSBAND, WIFE AND CHILDREN EITHER UNDER THE AGE OF 18 OR UNDER THE AGE OF 21 AND ATTENDING SCHOOL ON A FULL-TIME BASIS. LCB, TC RATES 04-05[1], Membership Rates -~--- 5/16/2005 ~ DELRA Y BEACH TENNIS CENTER - FISCAL YEAR 2005-2006 PROPOSED MAXIMUM MISCELLANEOUS RATES EXISTING PROPOSED % INCREASE LIGHTS (1 1/2 HOURS)/PER COURT $5.19 $5.63 8.5% LOCKER RENTAL (MONTHLY) $10.00 $10.00 0.0% LOCKER RENTAL (YEARL Y) $30.00 $35.00 16.7% BALL MACHINE RENTAL (PER HOUR) $10.00 $10.33 3.3% RACQUET RENTAL $5.00 $5.00 0.0% MISCELLANEOUS RATES DO NOT INCLUDE FLORIDA SALES TAX PRIVATE LESSON RATES: EXISTING PROPOSED % INCREASE ONE-HALF HOUR: MEMBERS $31.00 $32.00 3.2% COUNTY RESIDENTS $37.00 $38.00 2.7% NON-RESIDENTS $40.00 $42.00 5.0% JUNIORS $26.00 $27.00 3.8% ONE HOUR: MEMBERS $55.00 $56.00 1.8% COUNTY RESIDENTS $62.00 $64.00 3.2% NON-RESIDENTS $72.00 $75.00 4.2% JUNIORS $44.00 $45.00 2.3% LCB, TC RATES 04-05[1 l. Mise Rates . 5/1612005 ~ DELRA Y BEACH TENNIS CENTER - FISCAL YEAR 2005-2006 PROPOSED MAXIMUM DAIL Y RATES COURT FEES - CLAY COURTS (PER PERSON) COURT TIMES: COURT TIMES: MORNINGIEVENING AFTERNOON NOV. 1 - APRIL 30 EXISTING PROPOSED % INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $8.00 $8.25 3.1% $6.25 $6.50 4.0% JUNIORS $5.25 $5.50 4.8% $3.75 $4.00 6.7% COUNTY RESIDENTS ADULTS $10.00 $10.50 5.0% $7.75 $8.00 3.2% JUNIORS $7.25 $7.50 3.4% $4.75 $5.00 5.3% NON-RESIDENTS ADULTS $13.50 $14.00 3.7% $10.00 $11.00 10.0% JUNIORS $9.25 $9.50 2.7% $6.75 $7.00 3.7% MAY 1- OCT. 31 EXISTING PROPOSED % INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $7.50 $7.75 3.3% $5.75 $6.00 4.3% JUNIORS $3.75 $4.00 6.7% $2.75 $3.00 9.1% COUNTY RESIDENTS ADULTS $9.00 $9.50 5.6% $6.75 $7.00 3.7% JUNIORS $5.25 $5.50 4.8% $3.75 $4.00 6.7% NON-RESIDENTS ADULTS $11.50 $12.00 4.3% $8.25 $9.00 9.1% JUNIORS $7.50 $8.00 6.7% $5.25 $6.00 14.3% AlL PRICES INCLUDE FLORIDA SALES TAX LCB. TC RATES 04-05{1]. Clay Courts . 5/1612005 , . DELRA Y BEACH TENNIS CENTER - FISCAL YEAR 2005-2006 PROPOSED MAXIMUM DAILY RATES COURT FEES - HARD COURTS (PER PERSON) COURT TIMES: COURT TIMES: MORNINGIEVENING AFTERNOON NOV. 1 - APRIL 30 EXISTING PROPOSED % INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $5.25 $5.50 4.8% $4.25 $4.50 5.9% JUNIORS $3.25 $3.25 0.0% $2.75 $2.75 0.0% COUNTY RESIDENTS ADULTS $6.25 $6.50 4.0% $5.25 $5.50 4.8% JUNIORS $3.25 $3.50 7.7% $3.25 $3.50 7.7% NON-RESIDENTS ADULTS $7.50 $8.00 6.7% $6.50 $7.00 7.7% JUNIORS $4.50 $5.00 11.1% $4.00 $4.50 12.5% MAY 1 - OCT. 31 EXISTING PROPOSED % INCREASE EXISTING PROPOSED % INCREASE CITY RESIDENTS ADULTS $2.75 $3.00 9.1% $2.75 $3.00 9.1% JUNIORS $0.00 $0.00 0.0% $0.00 $0.00 0.0% COUNTY RESIDENTS ADULTS $4.25 $4.50 5.9% $3.75 $4.00 6.7% JUNIORS $2.25 $2.50 11.1% $2.25 $2.50 11.1% NON-RESIDENTS ADULTS $4.75 $5.00 5.3% $4.50 $5.00 11.1% JUNIORS $3.00 $3.50 16.7% $3.00 $3.50 16.7% ALl PRICES INCLUDE FLORIDA SALES TAX LCB. 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Harden, City Manager <f~obert A. Barcinski, Assistant City Manager FROM: 1993 2001 DATE: August 30, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 6. 2005 ACCEPTANCE FLORIDA COMMUNITIES TRUST GRANT ACTION City Commission is requested to approve and authorize the Mayor to sign a grant agreement between the City and Florida Communities Trust in the amount not to exceed $2,006,000. BACKGROUND On April 30, 2004 the City with the assistance of Langton and Associates submitted a grant application to the Florida Communities Trust for up to $2,006,000 for the purchase of approximately 1.8 acres of land from the CRA to be used to develop a park adjacent to Old School Square. This amount represented approximately 40% of the estimated purchase price. Prior to hurricane Frances Joe Gillie and I flew to Tallahassee to make a formal presentation to the FCT Board. Although we were not rated high enough to make the original funding cut, we did make the alternate list with the possibility that the city might be funded. On August 16, 2005 I received an e-mail along with a copy of the grant agreement notifying the city that we were selected to receive a grant. This agreement must be approved and two signed original copies sent to the FCT office on or before September 15,2005. In addition per the grant agreement we are required to close on the purchase of the property prior to November 4,2005. We will also be required to submit a management plan for the park element and other required closing documents to FCT prior to receiving reimbursement. Attached is a copy of the grant agreement for review. RECOMMENDATION Staff recommends approval of the grant agreement between the City and Florida Communities Trust and authorize the Mayor to execute the agreement. @ Prmted 0(1 Recycled Paper THE EFFORT ALWAYS MATTERS ~t - FCT Contract Number -CT- FLORIDA COMMUNITIES TRUST 04-062-FF4 OLD SQUARE SCHOOL ADDITION CSF A # 52002 GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a non-regulatory agency within the State of Florida Department of Community Affairs, and CITY OF DELRA Y BEACH, a local government of the State of Florida ("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds ("Project Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non-regulatory agency within the Department of Community Affairs ("Department") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule 9K-7, Florida Administrative Code ("F.A.C.") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule 9K-8, F.A.C. sets forth the acquisition procedures; WHEREAS, on September 1, 2004 the FCT Governing Board scored, ranked and selected projects to receive approval for funding; 04-062-04 August 16,2005 Reimbursement -1- WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule 9K-7, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K-7.009(1), F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, Rule 9K-7.003(5) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of Match, provided that the real property is acquired by the Recipient within 18 months after the application deadline /' for which the application was made. The date of this application deadline was May 5, 2004; WHEREAS, the Recipient will acquire fee simple title to the entire Project Site prior to /' November 4, 2005 (Insert daters}) from Delray Beach Community Redevelopment Agency (Insert name[s}); WHEREAS, the Recipient will request disbursement of FCT Florida Forever Bond proceeds, subsequent to acquiring the Project Site, for the reimbursement of Project Costs expended by the Recipient for the acquisition ofthe Project Site; and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to reimbursing the Recipient for Project Costs. NOW THEREFORE, FCT and the Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for funding and shall end May 16, 2006 ("Expiration Date"), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article XIII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension shall fully explain the reason for the delay and why the extension is necessary and shall be provided to FCT in accordance with paragraph V.I. prior to the Expiration Date. If the Recipient does not request an extension, or if a requested extension is not granted by FCT, the Recipient's award shall be rescinded and this Agreement shall terminate. II. MODIFICATION OF AGREEMENT 04-062-04 August 16,2005 Reimbursement -2- 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as soon as possible and before September 15, 2005. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or the termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Costs may be reimbursed in an expeditious manner. 4. The Recipient shall provide a monthly status report to FCT of its progress towards reimbursement of the Project Costs. 5. The Recipient shall provide the appraisal(s) required by 9K-8.007, F.A.C. to FCT for review by a date not to exceed ninety (90) days after the Recipient's project is selected for funding. The appraisals shall be reviewed and, upon approval, the Maximum Approved Purchase Price ("MAPP"), as provided in Rule 9K-8.007(5) and (6), F.A.C., shall be determined. IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient ("FCT Award") will in no event exceed the lesser of Forty Percent (40%) of the final Project Costs, as defined in Rule 9K-7.002(29), F.A.C., or Two Million Six Thousand Dollars And Zero Cents ($2,006,000.00), unless FCT approves a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreement. , The FCT A ward is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 9K-7.003(3), F.A.C. and advertised in the Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K-7.002(29), F.A.C. FCT shall participate in the 04-062-04 August 16, 2005 Reimbursement -3- land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 2. The FCT Governing Board selected the Recipient's application for funding in order to acquire the entire Project Site identified in the application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K-7.010, F.A.C. If the Project Site is comprised of multiple parcels and multiple owners, an Acquisition Plan, as defined in 9K-7.002(2), F.A.C., was required in the application. FCT reserves the right to withdraw or adjust the FCT A ward if the priority parcel( s) or a significant portion of the Project Site identified in the Acquisition Plan cannot be acquired. 3. The FCT A ward shall be delivered either in the form of Project Costs prepaid by FCT to vendors or in the form of a State of Florida warrant to the Recipient. The FCT Award shall only be delivered after FCT approval of the Project Plan and Project Site acquisition terms. FCT shall prepare a grant reconciliation statement prior to the reimbursement that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K-7.002(22), F.A.C. If the value of Pre-acquired land, as defined by Rule 9K-7.002(28), F.A.C., or donated land is the source of the Match, the MAPP shall determine the value of the Match. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required. 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Project Site land value due to an enhanced highest and best use, this Agreement shall be terminated unless the Recipient agrees that the appraisal(s) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCT's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 04-062-FF4 August 16,2005 Reimbursement -4- V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to: Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Robert A. Barcinski Title: Assistant City Manager Address: 100 NW 1st Avenue Delray Beach. FL 33444 Phone: (561) 243-7011 Fax: (561) 243-7199 E-mail: barcinski@ci. delray-beach. fl. us 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan and Declaration of Restrictive Covenants. Name: Jeff Perlman Title: Mayor Address: 100 NW 1st Avenue n~lr;:!y R~;:!('h. FT. 11444 Phone: (561) 243-7013 Fax: (561) 243-7199 Email: mayor@mydelraybeach.com 04-062-FF4 August 16, 2005 Reimbursement -5- 4. In the event that different representatives or addresses are designated for either paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph I. above. 5. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 60-00-116241-54C VI. PROJECT PLAN APPRO V AL; PRE-CLOSING REQUIREMENTS 1. Prior to the final disbursement of the FCT A ward, the Recipient shall submit to FCT and have approved a Project Plan that complies with Rule 9K-8.011, F.A.C. The Project Plan shall not be considered by FCT unless it is organized with a table of contents and includes all of the following documents to ensure that the interest of the State of Florida will be protected: a. Closing documents associated with the parcel(s): (1) A copy of the Purchase Agreement(s) for sale and purchase of the parcel(s) between Recipient and Delray Beach Community Redevelopment Agency (Insert name[s] ofSeller[sD. (2) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcel(s). (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s) to the Recipient. (4) Certified survey(s) of the parcel(s) that meets the requirements of Rule 9K-8.006, F.A.C., and is dated within ninety (90) days of the date of acquisition of the parcel(s) by Recipient. (5) A copy of the title insurance policy(s) evidencing marketable title in Recipient to the parcel(s) and effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s). (6) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification within ninety (90) days of the date of acquisition of the parcel(s) by Recipient, together with the statement required by Rule 9K-8.012(4), F.A.C. 04-062-FF4 August 16,2005 Reim bursement -6- b. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 9K-7.011, F.A.C. and as described in Article VII below. c. A statement of the Project Costs. d. A statement of the amount of the award being requested from FCT. e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. g. A signed statement by the Recipient that all activities under this Agreement comply will all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. h. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VIlA. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves the Project Plan containing a copy of the document(s) vesting title to the Project Site in the Recipient. 3. All real property shall be obtained through a Voluntarily-Negotiated Transaction, as defined in Rule 9K-7.002(41). The use of or threat of condemnation is not considered a V oluntarily-N egotiated Transaction. 4. All invoices for Project Costs, with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to its submission for approval. 6. Reimbursement for Project Costs shall not occur until after FCT approval of the Project Plan. VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan and final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 04-062-FF4 August 16, 2005 Reimbursement -7- 9K-7.011, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X, and XI herein. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement. The Management Plan shall include the following: a. An introduction containing the project name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the application and a prioritized list of management objectives. c. The identification of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics. d. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. e. A detailed description of proposed restoration or enhancement activities, if any, including the objective ofthe effort and the techniques to be used. f. A scaled site plan drawing showing the Project Site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of proposed educational displays and programs to be offered, if applicable. 1. A description of how the management will be coordinated with other agencies and public lands, if applicable. J. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing 04-062-FF4 August 16,2005 Reimbursement -8- entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project and the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla. Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, FCT may require the Recipient to do one, or more, of the following: post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Government to be a named co-signer on the Declaration of Restrictive Covenants; or provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval ofFCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources ofthe Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application 04-062-FF4 August 16,2005 Reim bursement -9- that received scoring points or observations made by FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.: 1. Two or more resource-based outdoor recreational facilities including a picnic pavilion and walking paths, and two or more user-oriented outdoor recreational facilities including three permanent stone game tables and a life-sized chessboard shall be provided. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 2. A permanent recognition sign, a minimum size of 4' x 6', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust and the City of Delray Beach. 3. Interpretive signage shall be provided to educate visitors about the native landscaping and historic building adjacent to the project site. 4. At least 24 regularly scheduled and ongoing educational classes or programs that promote the protection of historic and cultural resources shall be provided at the project site. 5. Any proposed storm water facility for the project site shall be designed to provide recreation open space or wildlife habitat. 6. A comprehensive landscaping plan will be developed for the project site. The landscaping plan will make significant use of native plants. 7. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 8. A feral animal removal program shall be developed and implemented for dogs, cats, and other non-native wildlife that may be found on the project site. 9. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any historical or archaeological sites. Existing structures on the project site will be evaluated for historic significance. All planned activities involving known archaeological or historical sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 10. Sidewalk access to the project site shall be provided that link the project site with adjacent residential neighborhoods. 04-062- FF 4 August 16, 2005 Reimbursement -10- 11. Bike parking stands shall be installed at the project site to provide an alternative to automobile transportation to the project site. 12. The project site shall be managed as an addition to the Old School Square. 13. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. 1. Each parcel in the Project Site to which the Recipient acquires title shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla. Stat.; Section l1(e), Article VII of the Florida Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration of Restrictive Covenants shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees"), or a nonprofit environmental organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described in paragraph 3. below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of reimbursement of Project Costs and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCr s position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) 04-062-FF4 August 16,2005 Reim bursement -11- the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 3. Following the reimbursement of Project Costs, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement of Project Costs. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign, provided by FCT, recognizing FCT's role in the acquisition of the Project Site. The cost of shipping the sign shall be deducted from the FCT A ward, as reflected on the grant reconciliation statement. For a Project Site where the FCT A ward is divided into more than one closing, the cost of the sign shall be deducted from the grant reconciliation statement containing the first parcel to close. The sign shall be displayed at the Project Site within ninety (90) days of the final disbursement of the FCT award. A photograph of the sign installed at the Project Site shall be provided to FCT within the same ninety (90) day timeframe. XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of 04-062-FF4 August 16,2005 Reimbursement -12- Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site by a non-governmental person or organization; c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; d. any use of the Project Site by a non-governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non-governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.l., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written 04-062-FF4 August 16, 2005 Reimbursement -13- notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THA T THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULL Y COMPLIED WITH BY THE CONTRACTING PARTY. XII. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8 :00 a.m. to 5 :00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 04-062-FF4 August 16,2005 Reimbursement -14- 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla.Stat. performed by an independent certified public accountant ("IP A") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. XIII. DEFAUL T; REMEDIES; TERMINATION 04-062-FF4 August 16,2005 Reimbursement -15- 1. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ("Events of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipientshall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; c. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforce 04-062-FF4 August 16,2005 Reimbursement -16- performance of this Agreement; c. Withhold or suspend payment of all or any part of the FCT A ward; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; or e. Exercise any other rights or remedies which may be otherwise available under law, including, but not limited to, those described in paragraph IX.3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla.Stat., as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by the Trust, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), Fla. Stat. 4. FCT may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the project. A request for termination shall be provided to FCT in a manner described in paragraph V.I. XIV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XV. STANDARD CONDITIONS 04-062-FF4 August 16,2005 Reimbursement -17- 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.c. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and ill telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. CITY OF DELRA Y BEACH FLORIDA COMMUNITIES TRUST By: By: Print Name: Janice Browning Title: Division Director of Housing & Community Development 04-062-FF4 August 16, 2005 Reimbursement -18- Date: Date: Approved as to Form and Legality: Approved as to Form and Legality: By: By: Print Name: Trust Counsel 04-062-FF4 August 16,2005 Reimbursement -19- [IT' DF DElIR' BER[H ~ DELRAY BEACH F lOR I ;) " tIaI:II 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 All-America City , ~ III,~O: MEMORANDUM David T. Harden, City Manager 1993 2001 FROM: '9d' Robert A. Barcinski, Assistant City Manager DATE: August 29,2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 6, 2005 SPECIAL EVENT APPROV AL - ART & JAZZ ON THE A VENUE (OCTOBER 14, 2005) ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for October 14, 2005 from 6:00 p.m. to 10:00 p.m., to grant 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 of Atlantic Avenue (one lane) from N.E. ih Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, and NE 2n Avenue from Atlantic A venue to NE 1 st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash and clean up assistance. The street closure will be from 3:00 p.m. to approximately midnight. The event is being held on a Friday and will be featured as part of the Visit Florida Downtown Small Towns Conference. BACK6ROUND Attached is a permit request for approval and request for City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is approximately $6,770. A copy of the hold harmless agreement, insurance certificate, event budget, and site plan is attached. Per our event policy the Joint Venture will be required to pay 20% of all costs over $1,000. Estimated payment to the City is $1,154. This event is sponsored by the Sun-Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, street closure, and staff support as requested. RAB/tas File u sweeney/events Doc Agenda Art and Jazz on the avenue 101405 * Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS ~G . , C' fD 1 B h DELRAYBEACH . Ity 0 e ray eac .' , . . , . . Special Event Permit !!!!f Application , ~ III! PLEASE TYPE OR PRINT 1993 2001 Event Name/Title: /!I<r i ~ 7.'2. (J!)jV rHe AYfl1tJe, Event Date(s): (l}t'~?J~Eft!. /~ ~OtJ..5 (F;f1/;JAV f Event Time(s): ~ :00 P fI1 - IO~ ~ P.;1 . , Event Sponsor/Producer: 301 f\lr vi ~NT()RE J (0 try D ELf?4"1 BEA(i/t- I Event Contact/Coordinator: /1A-tR r/~RJf?' ~d<t2.ca-z-- Name: ;1!4~JtJ~~~ ~Rc<t3-tf2- Address: ~l{ ,~ LC 5!J::t Ave - OEL.~4'-1 131:-.....~'t- Telephone Number: ~rJCt-J38-() x IG. Cellular Number: :,z-J)- 31 h ~ E-mail Address: MA-~sca.J/:=t! Pe-Qlr,-/ 13 FACl+. CfJ}1 . Event Description/Purpose: ~1'.J ,M2-2- ~;r 1H1!' AVPtYlle IS /1'/ /iVEA/f 7#;41' B~JtVl>.J r/l"U.~A/VJJS ()J: fEDPLI? To 1?l.P1< j){)Ui4"'T~W/Y' A RE;A. Pt.lRft!)S~ ~ A-/V tf)flEN H()L8~ mlZ /)Udl--- /1J J:-tf?/'II-A/J/i f' - 70 f3tR11Y6 B{}51 iYe..ss rf1) 17-Je AIR e,f- \J~\tf ~ DOWt'i\VUJtJ> 1 S{Y\~ ----\VW~5 COJJF~~ ~ (2A 1) Sponsor Category (please check) City~ Non-Profit/Charitable 0 Private D Co-Sponsor - Non-Profit/Private D (If Non-profit attach proof of 501c(3) or (d)) /' Site plan attached yes /' no (Site plan required for entire event site) ~ C'tJ/VJ5- Event budget attached yes ~ no (Required for all events) Serving or selling alcoholic beverages yes no / (If yes, copy of license and a/coholliability insurance required two (2) weeks prior to event) 1 . . V' 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) ~ irE ~Vl.?>-r J();4-111 E~ DF {'IOI'sE " ~ p,!'I AIVCE Requesting Police assistance yes ~ no (traffic control/security) Will supplement with private security yes no V (If yes, need plan attached) Requesting Emergency Medical assistance yes no ~ Requesting barricade assistance yes ~ no Requesting trash removal/clean up assistance yes / no Requesting trash boxes and liners yes ~ no Requesting stage use yes no V (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage yes no Type: Event sign Directional signs 110 K. Pff?/O IL Banner hanging V Indicate dates required (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes no ~ If yes, approximate number V Health Department approval yes no Other vendors yes no / Tents C >(JtJrlS<<Z..s ();V!--'-I ) yes no V (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no V (If yes, type and location and copy of liability insurance required) Will the event be gated yes no ~ (Show on-site map) 2 - ~ Will there be fireworks or other pyrotechnics yes no (If yes, contact Fire Marshall) no-L Will there be cooking with compressed gas yes (If yes, contact Fire Marshall) V Will you be providing port-a-Iets for the event yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) On 51re ;f!A-P / 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) ~ ;;M~!,{...( 3/10 -S - Event Contractor/Coordinator Date Please print: flU ,e~~ e ( cE f~5l(Z C2 (i!- Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For: Staff Use Onl trJ & I ffi do Date Received Application fee received $ 100 . ~ T2> '~LLDJ Site map Budget V ,.- Certificate of insurance v ..- Hold Harmless agreement V Security plan --- Waiver alcoholic beverage - Railroad approval - Coast Guard approval - 501 c(3) or (d) certificate or letter - Health Department approval -- Fire Inspector approval - Police Department approval - Public Works approval -- Parks and Recreation approval -- City Commission approval .--- 3 .. __... . eo .__ I II- vr l.~RDIL.i Ii v IN;:iutu.....AlCE OP 10 S1 DAn. (Ml\flOOIYYY'rt --~,., DOWNT-2 02/24/05 FROI1l)CE~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RtGHlS uPOt-l 'THE CERTIFICATE The Plas~ridge Agency, Xne. HOWER. fHlS-ceRTIRCATE DOES NOT AMEND, EXTEND OR 820 N. Federal Highway ALTER THE COVERAGt AFFORDeD BY TH~ POLICIES BELOW. Pelray Beach FL 33483 Phone:S61-276-522~ Pax:561-276-S244 INSURERS AFFOODING COVERAGE HAIC # _. ---~-- --- IIIS1II1ED lNSURE~ A: lIco~~~~___ '-. nowntown Delr~y Beach Joint Il'lSURER e Venture Co~r1sed of: DnA: CRA - " LlB Chamber of Coamerce lHSUREl\ C: 64 S.E. 5th Avenue - Delray Beach FL 33444 INSUREl'l 0- lN$URER i. COVEP.A.GES THE POlIClE$ OF INSURANce LISTED BELOW HAve 8~N ISSUED 1'0 THE lNSUREO WoMm ~ FOR '!liE POlICY /'l;RIOD INDICATED NOl\'VJl1oISTANDlNO ANYREQuIflEIolEHT, TeRN OR CONDmoN OF ANY CONTR.I\CT OR OTHER DOC\JMENl' WITH ReSPECT TO WHlCH 1ll1S CERTIFICATE MAY 8E ISSUEDM M4 Y P'ERT A1N. Ttr.lNSURA.NCe AFFORDeD BY Tt1E POLICIES DeSCRlBI;;O HERGlN IS SUll.lECT TO AU. TI'IE TERMS. EXCl.USIClNS ANa COtlOlTIONS Of SUCH ~OUCles. AGGREGATE UMlTS SHOWN MAV HAve BeEN RJ:OUCED &Y PAlO ClNIoIS ~ TYPE OF I/UlUMHCE POlICY NtN!leR 'riATE~."8kfeTI~ -- LJI'IIITS ~NE/W. LIMlLITY EACH 0CCIJRReHCE S 1000000 A X ~ CQf,MRClAl GENeFW. ~BIt.ITY cr.S09B6161 01/:l3/0S 01/23/06 MB..ses IE.! 0CCUftt'::e1 i: 50000 II ClAIMS MI\~ W OCCUR ~ (Ally one pel8Dn) s: -. I'ERSOI'lJ\L & "'all WUI<< $100000D - CENElW.AGGAEG\Tll__ ..!~OOOOOO__ GEm. ACGl'IEGATil LMT r PErt PRODuCTS . CONPlOI" Il.GG s; IPOllCYn~ "!lOC ~IIILE LIABlLm' CONBII'IED S1NGlE LMT S- AN( AUTO lEo! DdatU -. .- All OWNEO AUTOS IlODII. Y INJOOV Ii SCKeDULm AUTOS cPer ponon) - ~" -. HIReD AlJ'l'OS 800tL Y IHJl)RY I; NOft.OWNEO AliTOS tpQr 8Ctidcnll -,- --- - ---- PROPeRTY 0I0~ $ fPellII;cI~ O.IRAGE UA8IIJTY ~Y - fAo\CClOENT S ~ NN AUro -- O~ THAN fAACC s: N.f(Q ONLy. AGG $ EX(:~\.WSlUJY EA.Cl1 OCCVRRENCE S W OCCUR 0 CU\lMS MI\OE ~~~ S S -- RDeIlUC1I8LE S ---- --- IUiTEmION Ii $ WORKERSCOMI'ENSATION ANO ITOR;.hIYlTS I IU~- iMPLOVlRS" UAPlUTT - E,L EACH ACCO:NT ~- N4YP~~M; -,---- omcER1ME EXClUOED? E.L. ClISfASE . EA EMPt.OVE~ S ~"'E=~NSbd_ ----' r--'--- lO.l. DISSASE -1'OlJCT L....T S OTHER DE3CRIf'T1ON OF 0PEAA1IDHS 'LOcATIOMSIVkHIClESI ~U$IOlq IIIlOm DV ENllORSEMl;l(T I lIPEClAL PROVr.IIONS Special. Events - S Art: Ii. SaZ2i on the Avenuel 8 SUDater N'igbtlJ on tbe Avenue / Balloon Glow I The City of Delray Beaeb is list:.ed as additional insured with reepect to General Liab1ity ONL~. CERTIFICATE HOLDER CANCElLATIOt.t DEId{A-l CIfOULO ~y OF THf /lBOVE OESCRlsED POLICIIOS 8E CAHCELlED BEfOllE THE EllPIRAlTO MTE T~. THE IS$\/ING IN$URER WILL ENDEAVOR TO MIll!. ~ PA'I'S WRITTEN NOTlCE TO TIlE CERTlFlClI.T& HOLDER NAMED TO THE leFT. BUt FlllUlflE TO DO so SlW.L City of DQ.lray Beach 1IAI'05E NO ~UGA.TlON 00 LWlII.lTYOf' ANY KINO UI'OM me INSURi:fI. ITS AGENTS OR 100 N.W. 1st Avenue RePREsan- Anves. Delray Beach FL 33444 AUTIIOIllZEI) REl'tU:SENTl\TIVE ACORD 25 (2001108) ,-~ : I !~I I I: I : 1,1 I! ! I ! I ! I ! I ! I . I I '01 ii, , I, ' \' I LO 1 \ I . 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E CD c:- lI:l ::J CI) 0 :::l C .r: ~ 0 LU <(<( w~~ I_ W<(w~owuo..~mOCf)oa:::~~~Cf)O::O~U)O::u~~~~ ~ z 1"1c:S....- CD U;;) U..:l; "''''p U~LKHT ~~H ~HHM~~~ ::'E:i127HU~~~ p.2 \ l--' -~ . -? 1J't-:s::::: f ;; ~ c..--' + \:-~ v-> l/' .\ .~ f'{g'Q'Q 80 \t.> ~ ~ 0 1 rJ; vi :J... --r- ... "9 f ~ tt- -~ €:v 0]0 CD R-' \ ~. C~- 1;:- I~ D ,- . B- III -- 11I1lL -- :~ 1'. \ r-- - - , - I - . - ~ ~ " ;~- ,...... I ,- {~-:;. . ~ -< :-J ~ .~- - , f..:-- - '. ;z [11 " , - ...... - ! I - J,. .. . r c5 , l/' r - ! - - I I I - -- - SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Delrav Beach Joint Venture. (comprised of the Community Redevelopment Aaencv. Downtown Development Authority and Chamber of Commerce) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Downtown~rav Beach Joint Venture use of City Facilities or property for the special event of * . r 4/1/D .J,42_2- /')1'1 rJ/k A.1..e.. and hereby releases the City of Defray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of lo'ps, damage or injury to person or property arising from the special event of ~4,r f ~T.4- 2--2-. / * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Downtown Defray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS1097431. Bd:!~ ontague, airman Community Redevelop tA Louis Carbone, irman Downtown Development Authority 6J~~~ Bill Wood, President Chamber of Commerce [IT' DF DElRA' IEA[H ~ DElRAY BEACH f LOR , A t&tb:II 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561(243-7000 AII.AmericaCity , 1111 ~o: MEMORANDUM David T. Harden, City Manager 1993 ~obert A. Barcinski, Assistant City Manager 2001 FROM: DATE: September 1, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 6. 2005 - SPECIAL EVENT REQUEST DELRA Y BEACH FILM FESTIVAL ACTION City Commission is requested to consider endorsing the proposed 1 st Annual Delray Beach Film Festival sponsored by a Michael C. Posner proposed to be held March 8-11, 2006, at Old School Square in the theater and pavilion area. Commission is also being requested to approve staff support as indicated and to fund rental fees, technical fees, and historic preservation fees for the use of Old School Square. BACKGROUND Commission considered this request at your August 16th meeting but tabled this item until additional information was received. We have received information on Dr. Posner's background, as well as proof that he has applied for non-profit status, which are attached. He has not yet received approval of his application for non-profit status. Also attached are the permit request, budget, site plans, and an e-mail requesting the city to fund Old School Square costs which has been received from Dr. Posner. Based on his request, the only need for city services is to prepare and install event signage and to provide trash boxes and liners. The estimated cost for these items is $500. Dr. Posner is, however, requesting that the city pay for the costs associated with the use of Old School Square. These costs include rental fees, technical fees, and the historic preservation fee. Rental costs would be $7,357.50 which is at a 50% discount from retail, technical costs are $20 per hour with a four (4) hour minimum, and the historic fee is $1.00 per tick sold. Based on the estimated hours of the event schedule with a minimum need of two (2) technicians, it is estimated that the technical fees would be about $1,800. It is difficult to estimate the Historic Preservation fee. If City Commission were to approve this request, funding would have to be included in next year's budget. Staff has a concern about setting a precedent by funding Old School Square rental fees. RECOMMENDATION Staff recommends Commission consideration for event endorsement and funding of School Square rental fees, technical fees, and historic preservation fees. Attachments @ U"\RAB\Agenda Item re DB Film FestlVliPK~~PFE>RT ALWAYS MATTERS 9\-\ Pnnled on Recycled Pape' 08/31/2A05 15:01 5518651947 MICHAEL POSNER PAGE 01 ,. RECEIVEC AUG 3 1 2005 CITY~~"J,'0;ER . <rJ~':~i: ; 'I ":",, i .~\(" I\l',', ' , ~,. lr T I .' ~ iJ I ',\ '.. ~~,~I \ . ~:~I,.l ~: - {,l, . ',. ~ j~~:: .~~:i~ ' , !" ~" :',.,/ ~~' , "~' ~ <' 11 ~ . Dr. Mich.el C. Posner A 26-year resident of south Palm Beach County, Dr. Posner raised 8 family in Boca Raton, FL, while tending to a thriving small animal practice in Delray Beach, FL. He also had satellite offices in Boca Raton and Lake Worth, Upon his retirement, he moved to Delray Beach, but still maintains his license to practice Veterinary Medicine and remains dedicated to his love of all animals. Dr. Posner moved to Florida from Long Island, NY where some of his family still resides, but most of his family has also become Florida residents over the past few years, and now many of his friends up north are beginning retirement, joining him down here as well. He has always been a passionate goodwill ambassador of the Defray Beach lifestyle, telling everyone that beyond the obvious great weather, Florida has much more to offer. He has educated three children within the Palm Beach County School system, and two have already taken advantage of Florida state colleges, with one scheduled to graduate from the University of Central Florida next May. Culturally, Dr. Posner has always taken advantage of Cultural and social events throughout Palm Beach County, and in particular Delray Beach. Above all he's always been a true film buff. That love of the cinema lead him to volunteer at the world renowned Sundance Film Festival is Park City, Utah. Enjoying that experience. he has since served as a volunteer at many other major Film Festivals, such as the Newport Beach Film Festival in California, Miami International FF, Cinevegas FF in Las Vegas and the Enzian FF in Orlando. At those gatherings, he has met and cultivated close personal relationships with numerous entertainment industry leaders and celebrities. Realizing how much these festivals benefited their host communities, both in terms of prestige and economic windfalls, Dr. Posner felt that his own home town of Delray Beach could derive considerable benefits from a festival, hosted in Delray Beach. Hence the Delray Beach Film Festival was born. - ------ - - - -------~ 08/31/2005 15:01 5618651947 MICHAEL POSNER PAGE 02 Delray Beach Film Festival March, 2006 will launch what is destined to become a signature annual event for South Palm Beach County; The De/ray Beach Film Festivel (DBFF). The inaugural season of Delray will be more than a film festival; it will be an experiencel Along with a first class selection of independent films, guests of DBFF experience everything from exploration trips through the world famous Florida Everglades to surf lessons with professional surfers and a Golf Tournament at one of the cities finest country clubs. Delray Beach is an exquisite and unique destination spot that we plan on taking full advantage of. The Delray Beach Film Festival was created to offer filmmakers a fun, warm, beautiful place to meet, mingle and party. Our relaxed and welcoming atmosphere will be a breath of fresh air to any filmmaker who has been busy producing or promoting their film. Of course, DBFF is not all about leisure, and certainly some work must be done, so we will be offering a great deal of networking opportunities such as a filmmaker breakfast and a Meet the Programmers event. Film submissions have already begun pouring in from all over the World. Director Honey Labrador has graciously agreed to be our shorts program director and renowned director and producer Roger Corman, will be the recipient of our lifetime achievement award at the inaugural event. Judges include Mona Kwan, film buyer for Jaguar industries, New York. based film editor, Chartey Bender, James Rocchi, film critic for Netflix. and actor/producer Anthony Mackie (Million Dollar Baby. The Manchurian Candidate) Red Bull has already recognized the caliber of this festival and has signed on to not only to sponsor the festival but kick off our Xtreme sports program with one of their own films. As a non-profit 501 c3 organization whose proceeds will benefit The Palm Beach County Humane Society and Atlantic High School, DBFF has secured the support of the local community and businesses such as Boca Raton News, Delray Beach Chamber of Commerce, Ft Lauderdale Magazine, 32 East, Sol Kitchen, and Crane's Beach Houss. Above all, DBFF will be about filml With a five-.day festival planned, DBFF will screen over a hundred American and Foreign features. shorts and documentaries. Special programs will highlight Xtreme sports films, Student Films and films that feature filmmakers from right here Palm Beach County. These films will give our community the opportunity to experience these films. interact with the artists and visionaries who create them and celebrate the art and spirit of independent film. ------ - ------- I 850-205-0381 ' 10:21 PAGE 001/002 Florida Dept oi State ~aHM~ ~~aaH~.B~H ~ I f~ H - ~ C.O ,-4'(0 ' ~ I ~ta .~, ~-. rlba I K ~ ~ a ~ iJe.partmpnt nf ~1atp ~ ~ ~ ~ ~ ~ I certify the attached is I true and correct copy of the Articles of ~ I Incorporation of DELRAY B; C8 FILM FESTIVAL INC, a Flo~ida corporation, ~ filed on July 1, 2005, as I hown by the records of this office. ~ . ~U ~C I further certify the doc ent was electronically received under FAX aUdit~ ~ number H05000161099. Thi certificate is issued in accordance with ~ ~ section 15.16, Florida St ,utes, and authenticated by the code noted below~ ~ I ~ ~ The document number of th corporation is N05000006817. ~ U ~ ~ ~ ~ Authentication Code: 6D5Ai 044617-070505-NOS000006817-1jl ~ ~~ ~ ~ ~ R a B a B ~ B a . RECEIVEl I B AUG 1 7 2005 ~ B Given under my hand and the ~ Great Seal of the State of Florida, ~ ~ I at Tallahassee, the Capital, this the ~ !9! Fifth day of July, 2005 ~ B ~ [. ~ U ~ ~lentrn ~ ~ob ~ - ~-~.I ~'d 0~999~99€v JSUSOd 0 Iseyo!VIl 'JO dgO:G~ 90 n 6n'tf 850-205-0381 7/5/20 10:21 PAGE 002/002 Florida Dept of State -' fJl;s;;;....~ FLO A DEPARTMENT OF STATE Glenda E: Hood Secretary of State July 5, 2005 DELRAY BEACH FILM FESTI~ I 919 FOXPOINTE CIRCLE DELRAY BEACH, FL 33445 The Articles of Incorporatio for DELRAY BEACH FILM FESTIVAL INC were filed on July 1, 2005, and a iqned doccment number N05000006817. Please refer to this number wheneve corresponding with this office. Enclosed is the certificatio requested. To be official, the certification for a certifie copy must be attached to the original document that was electronic ly submitted and filed under FAX audit number B05000161099. -, A corporation annual report/ iform business report will be due this office between January 1 and .ay 1 of the year following the calendar year of the file/effective date y r. A Federal Employer Identification {FEI) number will be required befo this report can be filed. Please apply NOW with the Internal Revenue Se ice by calling 1-600-829-3676 and requesting form SS-4. I Please be aware if the corpo te address changes, it is the responsibility of the corporation to notify his office. Should you have questions re rding corporations, please contact this office at the address given low. Becky McKnight Document Specialist New Filings Section 605AOOO44617 Division of Corporations Letter Number: Division of Corporati - P.O. BOX 6327 -Tallahassee. Florida 32314 - l'd m999~9987 JaUSOd ':) laeyoH/1I 'JO deO:l ~ 90 L ~ 5n'v' - I H05000161 099 3 ARTICLES OF INCORPO ION In Compliance with Chapter 617, F.S, I ot for Profit) ARTICLE I NAME - The name of the corporation shan be: Delray Beach Film Festival Inc ARTICLE H PRINCIPAL OFFIC The principal place of business and roam address oftrus corporation shall be: 919 Foxpointe Circle Delray Beach, FL 33445 ARTICLE m PURPOSE The purpose for which the corporation is rganized is: please see attached ARTICLE IV MANNER OF ELE 10N The manner in which the directors are el 'ed or appointed: The method by which the directors of th lorporation are elected Dr appointed will be stated in the bylaws. ARTICLE V INITIAL DIRECTO List name(s), addressees) and specific titl Director: Chad Posner, 919 Foxpointe C Director: Lloyd Gootenberg, Waodview Director: Scott Posner, 919 Foxpointe Ci '- President: Michael Posner, 919 Foxpoin ARTICLE VI INITIAL REGISTE D AGENT AND STREET ADDRESS The name and Florida street address 0 I' e registered agent is: legal Zoom Nevada, Inc. II 44 W. Flagler St. Suite 675 I Miami, Fl33130 I ARTICLE VU INCORPORATOR The name and address of the Incorpora r is: I Cindy ly, Legalzoom com, Inc., 7083 H oDd Blvd. Ste. 180, Los Angeles, CA 90028 ********************************* *************************************************** Having been named as registered agent to ace :)eTvice of process for the above stated corporation at the place designated In this certificate, I amfamiUar with and acce 'he appointment as registered agent and agree to act in this capacity. I I 6/30/05 Date 6f30f05 Date _. H050001610993 ~'d O~999~998V JeUSOd ':) lesljo!ll\l 'JO d60,U 90 n BnV ~-- - H05000 161099 3 Attachment to - icles of Incorporation of y Beacb Film Festival IDe This corporation is organized e lusively for one or more of the purposes as specified in Section 50 1 (c)(3) of the Internal Re enue Code, including, for such purposes, the making of distributions to organizations that q ify as exempt organizations under section 501(c)(3) of the Internal Revenue Code. This C; oration shall be a nonprofit corporation. The specific purpose for which this corporation i. organized is a film festival featuring educational and entertaining films. Any excess fun will be donated for education and to the humane society. Upon the dissolution of this orporation, its assets remaining after payment, or provision for payment, of all debts d liabilities oftrus corporation shall be distributed for one or more exempt purposes withi the meaning of Section 50l(c)(3) of the Internal Revenue Code or shall be distribute to the federal government, or to a state or local government, for a public purpose. y such assets not so disposed of shall be disposed of by a court of competent jurisdiction of e county in which the principal office of the corporation is then located, exclusi ly for such purposes or to such organization or organizations, as said court shall de ; rmine, which are organized and operated exclusively for such purposes '-' ~o substantial part of the ac vities of this corporation shall consist of carrying on propaganda, or otherwise attemptin to influence legislation (except as otherwise provided by Section 501 (h) of the Internal R enue Code), and this corporation shall not participate in, or intervene in (including the publi 'ng or distribution of statements), any political campaign on behalf of, or in opposi i on to, any candidate for public office, No part of the net earnings this corporation shall inure to the benefit of, or be distributable to, its members, direct s, officers, or other private persons, except that this corporation shall be authorized and mpowered to pay reasonable compensation for services rendered and to make payments an istributions in furtherance of the purposes set forth in these articles. Notwithstanding any other ovision of these articles, the corporation shall not carry on any other activities not permitte to be carried on (a) by a corporation exempt from federal income tax under section 5 (c)(3) of the Internal Revenue Code, or the corresponding section of any future, ederal tax code, or (b) by a corporation, contributions to which are deductible under section 70( c X2) of the Internal Revenue Code, or the corresponding section of any futur 'ederal tax code. All references to sections 0 e Internal Revenue Code shall include such sections as of the date hereof and the correspo ing section of any future federal tax code. H050001610993 -' i p'd O~999~99~ Jausod ':) laeyoHI\I 'JO d60'Z: ~ 90 L ~ Bny -~------- ---- Aug 17 05 12:10p Dr, Michael C. Posner 4356156610 p.5 Forr- 1 023 Application for Recognition of EJ ,mption OM9 No. 15<15-0056 Under Section 50:1(c)(3) of the Internal F Note: If BXeJ:'7pt st>Jru"$ is (Rev, Ocl"ber 2004) ~venue Code approved, thIS Depa1rneot 01 the T roM'- ~ applICation .....'il be open krtoemal POVD"'lU(t SerVI.I;8 far public irlspectbn. Use the InstructIons to complete this application and for a definitIOn of all bold it ns. For additional help, call IRS Exempt Orgamzabons Customer Account Services toll-free at 1-877-829-5500 ViSit our we ~i1e at www.irs.gov for forms and publicatIons. If the reqUired information and documents are not submitted With pay erlt of the appropriate user fee, the application may be returned to you. Attach additional shee1s to this application if you need more space to answer full Put your name and EIN on each sheet and identify each answer by Part and line number. Complete Parts' - XI of Form 1023 d submit only th:j5e Schedules (A through H) that apply to you, .:1:11.. Identification of Applicant 1 Full name of orgar,izatlon (exactly as it appears in your organizing document) 2 c/o Name Of applicable) Delray Beach Film Festivallnc 1II1chael Posner 3 Mailing address (Number and street) (sea instructions) Room/Suite 4 Employer Idemf.catlon Number {E1N) 919 Foixpolnte Circle 20.32{12869 City or tow", state or country, and ZIP + 4 5 Month the annual accourting penod ends [01 - 12) Delray Beach. FL 33445 5 (June) 6 Primary contact (officer, director, trustee, or authorized representative) a Name: Micllael Posner (President) b Phone: SS1-213-5737 c Fax: <optiona~ 7 Are you represented by an authorized representative, such as an attorney or countant? If "Yes," DYes [;l) No provide the authorized representative's name, ami the name and address of e authorized representative's firm. Include a completed Fol'l1l 2646, Power of Attorney and ecfaration of Representath'B', with your application if you would like us to communicate wit your represeniative B Was a person who is not one of your officers, directors, trusiees, employees, r an authorized DYes [i) No representative listed in line 7, paid. or promised payment, to help plan. mana 13, or advise you about the structure or activities of your organization, or about your financial or tax n ~tters? If '.Ves," provide the person's name, the name and address of t\1e person's firm, t\1e a ounts paie! or promised to be paid, and describe that person's role. 9a Organization's webslte: www.delraybeachfilmfestival.com b Organization's email: (optional)twinthrop@conegraham.com 10 Certain organizations are not requIred to file an Information return (Form 990 Form 990-EZ). If you DYes III No are gra'lted tax-exemption, are you claiming to be excused from filing Form o or Form 99Q-EZ? If "Yes," explain. See tl-Je instructions for a description of organizations not req red to file Form 990 or Form 990-EZ, 11 Date Incorporated if a corporation, or formed, if other than a corporation. { MIDOIYYYYj 07/ 01 I 2005 12 Were you formed under the laws of a foreign country? I Dyes ~ No If ~Yes" staie the count'Y. I For F'aperwork Reduction Act Notice, see page 24 Dr the instructions. CaI o.17133K Form 1023 (Rev. 10-2(04) --- ECEIVED City ~fDelray Beac~ ~~B~~ &zed SpecIal Event PermIt All-Amr:ricaCily 2 ,1 _200,5 Application "II J! .sl~ U\j\/T MANAGER PLEASE PRINT 1993 1001 Event Approved/Denied Date of ApprovallDenial ApprovedlDenied by Title 1. EventNamelTille:~r~ ~'c4 h~ 'h-5+:V6[ 2. Event,DateCs): ~ f Event Time(s): /I11t -I~ ~ (j:> Sc,;e~~1 :J::tl~~ wt~ n 6(j -- .,. skip questions #10-35 and go to 9. ~"-ProfitlChari~' Private 0 10. Site" Ian attached: . yes no (Site pltln required for entire event site) 12'l,WJr,t>>flJrAtattached: yes no . all evenf$} 1Jb~-fr t?" r 13. Serv1ng or selling a1whotic beve.ayes. ! yes II.) no (If yes, copy of license and alcohol/lability Insurance required two (2) weeks prior ~~O / 14. Event certificate of insurance attaChed: ye~ no (Required two (Z) weeks prior to event naming the City as additional Insured, Iso required for vendors) 15. Playing of amplified music: yes no (Waiver required) 16. Requesting Police- assistance: yes no (Traffic ControVS8CUrIty) 1 17. Will supplement with private security: yes no / (If yes, need plan auached) / 18. Requesting Emergency Medical assistance: yes no ./ 19. Requesting barricade assistance : yes no 'vj; 20. Requesting trash removal/clean up assistance: yes /' 00=7= 21. Requesting trash boxes and 'iners: yes V no 22. Requesting stage use: yes no (If yes, cheek type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small ~~o ~ 23. Requesting signage: yes no Type: Event sign L4'x41 Directional signs Banner hanging indicate dates required (Waiver requited if more than one (1) week prior to event) 24. Food and beverage vendors: r yes no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event__~.,___ 25. Health Department approvaf: (see attached) yes no 26. Other vendors: yes no 27. Tents: yes no (If yes, tent permits and fire inspections maybe needed) 28. vvm the ~vent include amusement rides? requiring state approval? yes no (If yes, type- and location and copy of liability insurance required}(Also, pleas. provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) - no v" I 29. Will the event be gated? yes (Show on-site map) 00:/ 30. Win there be fireworks or other pyrotechnics? yes (If yes, contttct Fire MtmIhBIJ} 31. Will there be cooking with compressed gas? yes no (If yes, contact Fire Marshall) / 32. Will you be providing port-a-Iets for the event? yes no (If yes, locate O~_ map. "110, indlcate how you wi" han:lj Worn needs) ./' to $,v-HI\,'d- 33. Will there be a charge for the event? yes. no ("yes, indicaN ticket pTice$) no ./ 34. Is reserved parking requested? yes (If yes, indicate locations) 2 35. Nei hborhood Btock Parties . borhoodbloclc rties anI . Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then indiYidl.Rll(s) .submitting permit application must also submit a petition signed by 51"01 tIJe I10nJHwnffni who IiYe on the bJoctcJ . Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event. 3) Consumption or safe of alcohol on City rights-of-way will not be pennitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association win be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. b- IS-05 Date Please endose the appror1ate non.-refundable application fee payable to the City of , Delray Beach, 100 N.W. 1 Avenue, Defray Beach, Florida 33444. '\ ---- JU) Application fee received $ Site map / Budget t/ Certificate of insurance r '11 f , Hold Harmless agreement Security plan Waiver alcoholic bevera~ Railroad approval . Coast Guard approval , , 501 c(3) or (d) certificate or letter l ./ . Health Department approval Fire Inspector approval Police Department ~ Public Works approval Parks and Recreation approval City Commission approval . . 3 Delray Beach Flim Festivallnc, EIN: Part IX - Financial Data Revenues 2005 2006 2007 Gifts / Grants /Donations / Contributions $50,000 $100,000 $150,000 Membership Dues $0 $0 $0 Gross Investment Income $0 $0 $0 Sales of Goods & Services (M:erchandising) $0 $0 $0 Submission Fees $10,000 $25,000 $50,000 Ticket Sales $50,000 $100,000 $200,000 Other Income Fundraismg Income $0 $0 $0 Total Revenue $110,000 $225,000 $400,000 Expenses 2005 2006 2007 Line 14 - Fundraising Expenses $0 $20,000 $30,000 Line 15 - Grants, Donations, Gifts to Others $18,000 $30,000 $0 Scholarships $0 $0 $0 Line 17 - Director/Officer Compensation $20,000 $35,000 $55,000 $0 $0 $0 $0 $0 $0 Line 18 - Other Salaries and Wages $20,000 $30,000 $50,000 Line 20 - Occupancy (rent, utilities, etc.) $15,000 $30,000 $50,000 Rent $30,000 Utilities $6,500 $8,500 Line 23 - Other Expenses Program Expenses $10,000 $15,000 $20,000 Promotion/ Advertising $15,000 $25,000 $75,000 Office Supplies $12,000 $20,000 $30,000 Telephone/Fax $3,000 $5,000 $6,000 Internet Expense $5,000 $10,000 $15,000 Delivery & Postage $0 $0 $0 Printing Costs $5,000 $10,000 $15,000 Transportation Costs (Gas, Lodging, etc) $5,000 $8,000 $10,000 Permits & Licenses $1,000 $1,000 $1,500 Insurance $3,000 $3,500 $5,000 Fees Paid to Professionals (lawyers, CPA, etc.) $3,000 $3,000 $5,000 Other Expenses Subtotal $0 $60,500 $87,500 Total Expenses $135,000 $252,000 $406,000 Excess revenue over expenses -$25,000 -$27,000 -$6,000 Delray Beach Film Festival Inc, EIN: Attachment to Form 1023 - Part IX - Financial Data I"\Ubj UV U~ UL:.VOfJ UI. IVllCrlClel v. r-osner q.,joo I 000 I U p.L ': . . .' -- . ~ .... . ; .. .. <c~t;? ~ ~ STAGE ~ LEFT RIGHT @GJ0(]) . -' CENTER, . mm@@ ~00&rnmA~~~~@~~~@@~ffimmm@@ OIl @)ClJ 5 mill E3 ,G:iQ) tW~{iQI) G~H~) GQ1) @@ @) B rn ill 6 ([)@@ a: ~OO0~rumc~~~@@~@~@@cmm~m@@8 ~mw rnmo~~~~~~@@@@omm m@@~ ~OO0~rnmE~~~@~@@@@@Emmffi@@@z G]WGJmCIDG]. F @~(@@)@@(@6@@@D' F mCDmC!JL@@ ~ @m0,~mG ~@~@@~~@~ GOOCD @@@ GIlCDffi35@:HD H (iliJ~@@@@~@l@l@i) H mm~m@@ @mrn rnmJ ~@@~~@@ Jm0 m@@ we we ~.rn(])GJ K (iillG@(@@@@(@(@@@ K m0CiJ we we we @@@00 " m@@@@ ~~GIl00~rnmM~~~@@@@~@@Mmmffiffi@@@@ CillGmCiDw0 5 CIDGJ oo.@lGil(@)(@)GQi)(W(W@(@J(@(W BB mGJ 6 '([)@@@@ ~~@00~rnmoc~~~@@@@@@@ocmm~m@@@@ @OO 5mmoo 000006 @@ 9 GJ(]JrnCD EE BALCONY E~ [[lGJmw , "..:" . g'd 8tOl.-E"G-1SS a~enbs IOo~~S PIa dl~:EO SO EO 2n~ J"\Ul:j VoJ VoJ VL.VVfJ UI. IVIIl,;IIClt::l1 \.0. r-U::'lIt::l1 """00 I 000 I U p." ~+m tP .L -/ -- ~______'L""""""-___<___~______!__, ===>. I '. ..,- , , . 1 (I~~--~:;------------<---- : i ,: I I ~ I J ! .; ! I ! ~I\~ j ; ~~ I It I IU'l I i .~t.._.._--_.__. L.___.__.._..__uhD .. ! . ---I\U' ---- I -------.. I r J ; i .A: . U . ! . ! ! 1 F : la I H \! , '~ Ii " I 11ft I ! ! ~ ; ! , I ! 0 , in I! I 1 : ! i i H:H - ! : i I ' ~.[ U ;1 ! I I III ~~ t I Ir--- I Z 1\ ~I ~' m' I ~\ ~ !'! I ~i L "1 ~, m': ~! I ill ~~ I I l . i , I : I . . I I ' ,,1->__..______ _,.__ _ . ,- .. -- -- --.. i J' '. ,~ ,-I ~. . ! :1:1 . ". . . I 1'_ ----- - -<-- - - --- - - ---<------ - --- - -- -- _.J_______ - <---"'-~..,""'-----------.------- -- ----'- :(J) ,tm ,,,,",,, ~ f ~~. --------- ~ ~ ",". I I . 1 . 1'. '. . 2.d 8IOl.-E"G-19S a~enbs I004~S PIO dl~:EO SO &0 ~nlJ del ray beach fit m festival July, 27, 2005 Mr. David Harden City Mana~er 100 NW 1 S Avenue Delray Beach, FL Dear Mr. Harden: I had an extremely productive and enlightening meeting with Bob Barcinsky last week, who suggested I contact you. As you may already know, I am the chairperson for the inaugural Delray Beach Film Festival, which is slated for March 8-12 of 2006. I have been involved with numerous major film festivals, such as Sundance FF in Park City, Utah and Newport Beach FF in Newport Beach, California. However, I wanted to create and host one in my "hometown". I live in Delray Beach and have been a Palm Beach resident for over 20 years. This festival is non-profit and will benefit local school film programs and the South Palm Beach County Humane Society. You might enjoy browsing the event website at www.Delravbeachfilmfestival com I've already secured prime locations for events from local merchants, and expect to host some major parties in many of the top restaurants along Atlantic Avenue. The films will be screened at the Old School House's Crest Theater, both indoors and outdoors, along with 3 other screens in Delray. I am currently negotiating with Regal cinemas and Delray square cinema. There is a rental cost for the Crest Theater and Bob felt you may be able to persuade the city council to offset this cost. Due to our being a non-profit, benefiting local charities, as well as highlighting Delray Beach as a community supporting the arts, I hope this will be an easy issue for the city council to approve. The cost for the Crest Theater rentals is $ TBD. Should you need me for any additional information, I can be reached either by phone or e-mail, at the following: 561/213-5737 Maddoc48@aol.com Thank you in advance for your assistance, and I would welcome any advice andlor suggestions you may have to improve this event. Sincerely, Michael C. Posner Chairperson cc: Mayor Jeff Perlman Mayor@MyDelrayBeach.com Mr. Robert A. Barcinski Assistant City Manager Mr. Jon Levinson Vice Mayor -- 01< Community t9Vl Improvement Memo To: David Harden, City Manager 6 From: Lula Butler, Director, Community Improvement U Date: September 2, 2005 Re: Mayor's Advisory Committee on R.A.C.E. Relations/Recommendation ITEM BEFORE THE COMMISSION: We are requesting City Commission consideration and approval of the recommendation from the Mayor's Advisory Committee on RACE Relations to create a Police Advisory Board inclusive of the recommended structure. BACKGROUND: The Mayor's Advisory Committee on RACE Relations was organized in April 2005. The purpose of the committee is to review the concerns transmitted to the City by letter from the NAACP and other groups and to act as the Core group for addressing items Identified under the approved RACE Relations report completed by our consultant, Samuel Mathis. One of the items raised by local groups and the NAACP was to consider creating a Police AdVISOry or Police ReView Committee to the Chief of Police. The committee considered both options and is unanimously recommending establishment of a Police Advisory Board as the appropriate method of enhancing the communication, relationship and understanding between the community and Police in Delray Beach. The proposed structure of the Board is attached to this transmittal. A part of the committee's recommendation is to have the initial review of the applications for this board and recommend back to the Commission the initial members for appointment. Thereafter, appointments to the board will be done by the City Commission according to the established policy and process. RECOMMENDATION: Staff is recommending approval of the recommendation coming from the Mayor's Advisory Committee on RACE Relations to create a Police Advisory Board and the proposed structure as attached, with the direction for staff to proceed with the required Resolution to formally establish this advisory board. LB:DQ Attachment 1 q:r: ----- City of Delray Beach- Police Advisory Board Purpose: Acts as an advisory body to the Chief of Police, City Manager and City Commission on police policy and resource issues; serves as a conduit for the community to address their issues and community problems through a cooperative effort; to review community needs and concerns, expectations and responses relative to police services and community policing. Advises the Police Department on and provide support for communication and education between the community and the Police Department. Function: To serve as a liaison between the Police Department and the community to increase communication between the police and the community; to assist the Police Chief and District Commanders, through input, in making quality decisions; to assist in the addressing of short-term and long-term concerns of the community and help identify priorities and solutions; to provide input on police policies, procedures and practices designed to decrease misunderstandings with and among the members of the community and to review and make recommendations concerning such other and further matters as may be referred to the board, from time to time, by the Chief or Police or City Commission. Make Up: Thirteen (13) members consisting of the following representatives: residents, business owners, religious & faith organizations, youth, school officials and local organizations. Term & Term Limits: a combination of 2 and 3 year staggered terms for the first appointments, thereafter, 2-year appointment and a maximum service of 2 consecutive terms. Note: additional comments- suggest that a majority of the membership should be minority and that it is critical to have the views of their racial and ethic community. Selection Process: The Mayor's Advisory Committee on R.A.C.E will recommend the initial board members to City Commission, thereafter, appointments should be made by the City Commission. , Agenda Item No. y~ Date: September 2, 2005 AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent - When: September 6, 2005 Description of Agenda Item: Mayor's Advisory Committee on R.A.C.E. Relations/Recommendation Police Advisory Board Ordinance/Resolution Required: Yes I No Draft Attached: Yes I No Recommendation: Approval Department Head Signature: ~ ~~ -.- --- City Attornev Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Funding Alternatives: (if applicable) Account # & Description: City Manager Review: Approved for agenda: &/ No ~1 Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved -~- oJ< Memorandum ~rfL1 AlI.America City Community Improvement ' III I! Horticulturist RECEIVED i66~ SEP 1 - 2005 TO: David Harden, City Manager CIty MANAGER Through: Lula Butler, Director, Community Improvement ~ From: Nancy Davila lQ Re: Leon Weeks Park IAquatec Systems IBreach of Contract Date: September 1, 2005 The City entered into an agreement with Aquatec Systems on September 23,2004 to remove invasive vegetation, and subsequently install infill materials within a 4 acre portion of Leon Weeks Park. The total amount of the contract was $50,698.45. In my opinion, the Contractor has failed to complete the work as outlined in the contract, and I would like to have the City initiate proceedings to terminate the contract. The last substantiated work was done in November of 2004 for which we received an invoice for $12,799.23 and authorized payment in December 2004. This payment reflected only half the work that was to be done in the initial exotic plant eradication portion of the project. The new plant materials were to have been installed following the initial site clean-up. Follow-up maintenance treatments were to have occurred which would have extended the maintenance through February 2006. Since the beginning of the year I have tried to contact the president of the company, Aaron Goldasich via e-mail and voice mail to determine the project status and to find out why the clean up has not been completed and why the plant materials installation has not occurred per the contract. Most recently I have left detailed messages July 8th, August 9th and August 15th and have not received any form of communication in return. The park site is overgrown and in serious need of maintenance. I would like to terminate Aquatec's contract and enter into an agreement with another environmental management company to handle the work. This project was initiated as part of an off-site mitigation agreement with the development of Heritage Park. cc: Joe Weldon Susan Ruby Tim Simmons Attach: Copy Contract Purchase Order Invoice 9::I" DELRAY BEACH F l 0 . I D A Memorandum twad .AnBlcaCitJ Community Improvement , , III! Horticulturist 1993 2001 TO: pA VID T. HARDEN, CITY MANAGER TIIROUGH: LULA BUTLER, DIREcrOR, COMMUNITY IMPROVEMENT FROM: NANCY DAVILA, HORTICULTURIST RE: LEON WEEKS PARK. HABITAT MANAGEMENT CONTRACT DATE: JUNE 21, 2004 ITEM BEFORE THE COMMISSION: The item before the Commission is the consideration of approval of a contract with Aquatec Systems in the amount of $50,698.45 to remove invasive vegetation within a 4 acre portion of Leon Weeks Park and to install and water native plant materials to infill bare areas. The contract also requires quarterly inspections and the removal of invasive plants which will span a period of 450 days. BACKGROUND: The Planning & Zoning Department recently processed a site plan for the <Hurricane Pines Tract' just west of US I and south of SE 10tb Street, which is a townhouse development know as Heritage Park. During the process the developer was required to mitigate the loss of3.3 acres of the habitat. Since the development site was a 'Sand Pine' habitat, the mitigation site was determined to be Leon Weeks Park, which runs along the same ridge, but further south. The value of the loss of habitat was estimated to be just under $50 thousand, and the developer of Heritage Park was required to deposit a check with the City in the amount of $46,400, and to provide a work plan that would utilize the funds in Leon Weeks Park. The environmental plan was prepared by U. Goldasich and Associates, Inc. The majority of the funds are proposed to be spent on the removal of invasive exotics and the ongoing maintenance. Upon review of the plans it was suggested that the City contribute a small portion, $4,298.45, to increase the quantity of plant materials installed. Approximately $10,500 will be spent on the new native plant materials and the watering required ensuring their survival. Goldasich is associated with a firm Aquatec Systems who can execute the work plan. Approval of the proposed contract presented by Aquatec would enable the work to be done as a <1uJn key" operation. Although it is a sole bid, it would cost the City a considerable amount to have a scope of work developed by a consultant and then issue a formal bid. This would erode the amount of money which could be spent on physical improvements to Leon Weeks Park. RECOMMENDATION: Staff recommends the City Commission give favorable consideration to the proposal by Aquatec Systems for the offsite mitigation for Heritage Park to the Leon Weeks preserve, in the amount of $50,698.45 based on the work plan developed by J.J. Goldasich & Associates. Funding in the amount of $46,400.00 has already been deposited with the City by the Developer, and the balance of $4,298.45 will be funded by the City. cc: Paul DorIing, Planning & Zoning Director Joe Weldon, Parks & Recreation Director ~ -~--~--- STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this ~ day of ~ 2~ by and between the CITY OF :QELRAY BEACH (hereinafter called CITY) and A. t')~ ~'- ~~,r...~ ~"\c. . (hereinafter called CONTRACTOR). WITNESSETII: The CITY and the CONTRAcrOR in consideration ofthe mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRAcrOR, as evidenced by the execution of this Contract, acknowledges that he has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the contract price includes all costs and expenses required for the satisfactory completion of the contract requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference: CONTRACT DOornMENTIS Standard Form of Agreement 1-4 Corporate Acknowledgment 5 Certificate of Corporation 6 Specifications & Pricing 7-9 4. The term of this contract shall commence upon execution by both parties and extend until the work outlined in the specifications has been completed. However, the Agreement may be terminated by the CITY upon 30 days written notice, in its sole discretion, provided that the CITY shall compensate the CONTRACTOR for all work performed and accepted by the CITY up to the date of termination, including any reimbursable expenses incurred up to the date. 5. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida lOON.W.lstAvenue Delray Beach, Florida 33444 As to Contractor: AQUATEC SYSTEMS 3141 FORTUNE WAY, SUITE 4 WELLINGTON, FL 33414 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent ofthe CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. The CONTRACTOR, for good and valuable consideration shall indemnify, defend and save harmless the CITY, its officer's agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting from the work provided for this Project; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any improper materials or 2 by or on account of any act or omission of the said CONTRACTOR or his subcontractors, agents, servants or employees. CONTRACI'OR agrees to defend, indemnify and save harmless the CITY, its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY, its officers, agents, or employees from all such claims, fees, and from any and all suits and actions of every name and description that may be brought against the CITY or its officers, agents or employees on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY, its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, firm or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the OWNER. 3 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: C , FLORIDA ~S).~~ By: ~City Clerk Approved as to Form: R~~ ~. City Attorney WI1NESS: CO~TIcrOR: 11 ~ By: ;L i L /'- AC\rcn 3, (1D\ck~\c~/Prrslde(\+- (print or Type Name) (Print or Type Name and Title) (SEAL) 4 CORPORATE ACKNOWLEDGMENT STATEOFL\orldo COUNTY OFPcJJtr1 BeCACh The foregoing instrument was acknowledged before me this ;;JZ day of :rut" ,~~~ Ao.yon ~. Golda:,ch (name of officer or agent, title of officer, or agent) of ~ U.4 tee. SY"5tem5<name of corporation acknowledging), a F / Dr I d lA (state or place of incorporation) corporation, on behalf of the corporation. He/She is ~rsonallY kno~ to me or has produced (type of identification) as identification. ~&u~ Signature of Notary Public Print, Type or Stamp Name of Notary Public ~\\\I111'1~ Lauren Ciavolino ,,"'~YPIJ.~ $m'C;.Ct'mm;mno#DDl19557 ~~ . i Ezpites May 21. 2006 ~~ '#-: BoDded Thru "i,~,O, F~\~ Atlantic 'BoDdingCo.,Jnc. 111\ 5 CERTIFICATE (if Corporation) STATE OF FLORIDA ) ) SS COUNTY OF ) ) I HEREBY CERTIFY that a meeting of the Board of Directors of D~\" SV<<~;};~" a corporation under the laws ofthe State of f\~,:ti'1 A 0..... held on ~. ~, 20~e following resolution was duly passed and adopted: "RESOLVED, that ~().("()'" J. 6.~~~ , as Q fd...s~~. :ssident of the corporati~, he/she is hereby authorized to execute the Agreement dated ~Q... ')., , 200~ between the City of Delray Beach, Florida, and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed ofthis corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREO~ I have hereunto set my hF, the corporation this ~ day of ~ ' , 200~ \ (Seal) 6 Scope of Work: Leon Weeks Park Mitigation Plan Proposed by: Aquatec Systems 3141 Fortune Way, Suite 4 Wellington, Florida 33414 1. Initial exotic plant eradication and removal of 4.0 acres at Leon Weeks Park. . Hand removal of 100% exotic and invasive vegetation within the 4.0 acre area. . Vine growth within canopy is to be cut near base of tree and treated with an herbicide. . Off-site disposal of all removed vegetation. . Herbicide treatment of remaining stumps. . The initial clean-up includes herbicide treatment of all exotic and nuisance plants within the 4.0 acre preserve area. The price includes all chemicals, materials and labor. Unsuitable soils or hydrology, or unnatural weather are not included. Total Cost $ 25,598.45 2. Follow-up treatment to begin 2 months after the initial clean-up and continue through a 6 month period: . Hand removal of 100% exotic and invasive vegetation within the 4.0 acre area. . Vine growth within canopy is to be cut near base oftree and treated with an herbicide. . Off-site disposal of all removed vegetation. . Herbicide treatment of remaining stumps. . The maintenance includes herbicide treatment of all exotic and nuisance plants within the 4.0 acre preserve area. The price incl~des all chemicals, materials and labor. Unsuitable soils or hydrology, or unnatural weather are not included. Cost for first follow-up treatment (60 days after initial) $ 2,400.00 Cost for second follow-up treatment (120 days after initial) $ 2,400.00 Cost for third follow-up treatment (180 days after initial) $ 2.400.00 $7,200.00 7 3. The first six months are covered by the above bi-monthly maintenance. Quarterly maintenance of 4.0 acres Leon Weeks Park shall begin at the end ofthe initial 6 month maintenance period. Aquatec Systems shall begin quarterly maintenance 90 days after the completion of the third follow-up treatment. . Jhe maintenance includes herbicide treatment of all exotic and nuisance plants within the 4.0 acre preserve area. The price includes all chemicals, materials and labor. Unsuitable soils or hydrology, or unnatural weather are not included. This is based on uninterrupted maintenance The first six months are covered by the above bi-monthly maintenance Maintenance 90 days after completion of 6 month maint. $2,500.00 Maintenance 180 days after completion of 6 month maint. $2,500.00 Maintenance 170 days after $2.500.00 Total cost of quarterly maintenance $7,500.00 4. Plantings to be installed within 4.0 acre area of defined work area as a result of the initial clean-up. . 100, 3-Gallon Sand Pine 15' o.c. . 40, 3-Gallon Sand Live Oak @ 15' o.c. . 300, I-Gallon Fetterbush @ 5' o.C . 300, I-Gallon, Blueberry@ 5' o.c. . 250, I-Gallon, Saw Palmetto @ 5' o.c. Total Planting Cost $ 5,900.00 5. Watering of planted material . Watering of installed plantings every other day for two weeks, and weekly for two months. Total watering costs $ 4,500.00 8 Total Project Cost - Leon Weeks Park Mitigation 1. Initial Clean-up $25,598.45 2. Monthly Maintenance 7,200.00 3. Quarterly Maintenance 7,500.00 4. Plant materials installation 5,900.00 5. Watering new materials 4500.00 $50,698.45 9 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM # ~L' - REGULAR MEETING OF SEPTEMBER 6. 2005 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: SEPTEMBER 2, 2005 The terms for Ms. Carol Aharonovic, Mr. Ronald Brito, Mr. Fred Fetzer and Ms. Patricia Neyra expired on August 31, 2005. Ms. Aharonovic has served an unexpired term and does not wish to be reappointed. Mr. Brito has served two (2) full terms and is not eligible for reappointment. This creates vacancies for two (2) regular members to serve two (2) year terms ending August 31, 2007. Secondly, Mr. Fetzer has served one (1) full term is eligible and would like to be considered for reappointment. Ms. Neyra has served an unexpired term is eligible and would like to be considered for reappointment. The terms will be for two (2) years ending August 31, 2007. 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 individuals have submitted applications and would like to be considered for appointment. (The applicants are listed by profession however, the applications are in alphabetical order). See Exhibit "A" attached: 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 Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5) and Commissioner Ellis (Seat #1) for four (4) regular members to serve two (2) year terms ending August 31, 2007. Recommend appointment of four (4) regular members to the Board of Construction Appeals for two (2) year terms ending August 31, 2007. Board ofCoostruction Appeals Page 2 BOARD OF CONSTRUCTION APPEALS "EXHIBIT A" AlC Contractor Architect General Contractor Patricia Neyra (Incumbent) Electrician Eneineer Fred Fetzer (Incumbent) Plumber Real EstateJInsurance Aeent Conner Lynch (Also applying for the Site Plan Review and Appearance Board) Pearl Bunny Markfield Elrod (Also applying for the Site Plan Review and Appearance Board, Board of Adjustment and Planning & Zoning Board) Sien Contractor Miscellaneous Joseph Del Casino (Consultant) Gerald Franciosa (Retired) Jayne King (Educator) Norman Rosenblatt (Construction ConsultantlEnvironmental Supervisor) Morris Weintraub (Retired) (currently serving on the Civil Service Board) 02/05 BOARD OF CONSTRUCTION APPEALS TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31/2005 Carol Aharonovic Appraiser Office: 736-3980 Unexp 10/05/04 5316 Moonshadow Lane Home: 921-0543 Greenacres, FL 33463 Fax: 243-6018 Cell: (954) 520-1469 08/31/2006 George Brewer Architect Office: 272-7301 Appt08/06/02 204 Northwest 9th Street Home: 272-1119 Reappt08/03/04 Dekay Beach, FL 33444 Fax: 272-3722 08/31/2005 Ron Brito, Chair General Contractor Office: 279-0311 Appt 09/04/01 2559 Webb Ave #2 Home: 734-8828 Reappt08/19/03 Dekay Beach, FL 33444 Fax: 279-0335 Cell: 350-0765 08/31/2005 Fred Fetzer Engineer Home: 276-6712 Unexp Appt 04/15/03 932 Evergreen Drive Cell: 715-9030 Reappt 08/19/03 Dekay Beach, FL 33483 08/31/2006 J ames Houck, Vice Chair Property Manager Home: 865-2636 Appt 08/03/04 3763 S Lancewood Place Dekay Beach, FL 33445 08/31/2006 Mary Ellen Keating Construction/ Office: 561 540-9100 Unexp Appt 04/15/03 615 NW 31st Ave Teacher Home: 752-5722 Reappt08/03/04 Dekay Beach, FL 33445 Cell: 212-9280 08/31/2005 Patricia Neyra General Contractor Office: (954) 523-5157 Unexp 10/05/04 114 N.W. 7th Street Home: 272-7975 Dekay Beach, FL 33444 Fax: 272-7746 Cell: (954) 684-8805 08/31/2006 Charles Halberg General Contractor Office: (561) 498-1112 Unexp Appt 12/06/04 4870 S. Classical Blvd. Home: (561) 637-0136 Dekay Beach, FL 33445 Cell: (561) 441-2990 08/31/2006 Anthony Spirelli Plwnber Office: (954) 325-2727 Appt 10/05/04 21878 Palm Grass Drive Home: 477-3207 Boca Raton, FL 33428 Cell: 278-8747 Contact: Venice Cobb 243-7056 Send Agenda to: George Diaz & Brian Shutt SICily ClerkIBoard 04/BOCA </) >"'C "'CC') a:: (1 c..."'C (1C') ~trj ~C') C')> (1) ~ Q = - a~ ~ c ~ ., =-~ ., = c ~ ~ ., ~'t:l .:< -= ., = ., = a c ~ = ~(JCl = = C I") "'t:l =-a ~'t:l Q. -. ., =- C ., () -. ~ '<~ ., ~ ~= ~~ C 0' I") ., fIJ ~ -., (JCl -. -~ ! = ~ -. ~ trj" =~ ~ ~ ~ ~ ., ~ ~ ;- > ~. tr:l '< ., ~ - -= fIJ _ -~ s(=) ~a Z(1 -I") =(1 N ., =-~ Ir.J ~ - g a:: ~ ., ~ ., 0 't:l ~ C = c' ~ C ., '" C ~ ., a. -. '< = ~~ I") ~ -= (')= ~ C ., ., - F= 0'_ ::r- = > ~ ~ ., ~ ., ~ ., ~ C ~ - ~ -<~ ., ~ -. ~ ., =: a~ < I") _. 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Home Phon~: Business Phone: E-Mail Address: Cell Phone: Fax: 5:61 738-~ :5fH1G Jdc/c~,IiO'P)lJ-ptllf~ ;/ A/, 11 .ii, A- = '--0 11'1 6. ALe you a registered voter? q e 5 If so. where are you registered? =FUJ e I D 11 7. Wlut Boou:d(s) -are you interesced in serving? Plea.se list in oeder o~ peeference.: Bba..rd ,,/ C.m!s.^,,~ !Jppe4.{s' t?I1L dftten ~ 4'.#-(' e{'~lb/~ ~. 8. lise ill City Boards on which you are cw:rendy serving or have: previously served: (plc::ase include. dm:s) A)tJI1€- 9. Education.al quahfica.cioo.s: I1I.lIws ~e1 ree. / C i 't 'Iii /.1 rl ('I-z.!) J iJ 11 , IV otf 'PCI'111 . Ell dtel ty-S f e c..c V1 PYk-<. LS / 8 rz: U 11 tJif{ ve. ""5 i~ 10. list any related professional certi.fica.tions :md licenses which you hold: A/t1it ~ 11. Give your. present, or most recent eniploy~ :md posicion; f I - ~ Coi1....S{j f a {'1 t~ .Q;.1l (e-f Hf {V1 I ~o~e.t 12 De;scribe apenences, skills or knowledge which qualify you. to sccv'c on this board: (please attach. ~ bci;f resume) "7-5' '" r.5 ~()e "Irle-i-'\.c.e. t "1 .--e...t(! e-sh f.e ~ I t11i ~.s. r'<<t-~1.tr . --t f= i 114"1. (" i. J[ f se.yV/C~ r: ..fv~Jv- Otle,f ~~( fs.hLe. :u.ve5~{i'J 6UlUY l'"f -.f r l"V b t /II ~ '1 p"i.i I( ~ , ~ _~~ ~ ..fv~""I~-V e-~cv<f-fV<' Df /.-h'e.dk1.l'f.{.1' ~lld--HVH1._ I haeby certify dlat:all the above statements are rroe, md I agree and undUSbnd that any missuremenr of tn;ucria1 facts contained in this application mOlY cause forf6turc UpOD. my p:ut of :any appomrmenr I may receive:.. ~~~ ~ 1'7-) z<JtIS- I NA DATE Note: 1b.is application will rema.in 00 :file in the City Oc:clc".s Office for a period of 2 yeu:s from dle date it w~s submitted. h u.jli be the applicant's responsibility to ensme dut a CUIIeot llPpliOl.tion is on file.. ~~fUCA:IIO'" HUC,-11-2005 23:40 P.03 04 Joseph J. Del Casino ] 1111 South Military Trail Apt #55::!3 Boynton Be.ach, Florida 33436 Home (561) 738-4586 Jdelcasino@botmaitcom SUMMARY Senior investlllent professional Wilh 20+ years undawriting experience in real estate ~d alternative investments as principal. advisor and consultant. Prov"o track record in developing profitable, long term investor and institulional relatlonships_ Substantial transaction and portfolio management experience. CAREER EXPERIENCE Acted as principal, advisor and consultant for real estate investments, mortgage lending, private equiry and venture capital investments. Extensive transaction and portfolio management experience including managing a $6 bil]joll national real estate portfolio and $3 billIon in real estate acquisitions and mortgages Business development and marketing experience with institutional and high net worth investors. Pnvate and public sector experience with large and smaIl organizations, Hired, trained and managed professional staffs- Excellent presentation skills. PROFESS10NAL AFFJLIA TIONS PUBLISHED AUTHOR, Boynton Beach, FL 2002 - 2005 Wrote, published and marketed two books through Xllbris Corporation; One non-fiction in 2001. TraiJting Wheels: A Candid Guide 10 II Career in Business; One fiction In 2004, OIl the Balls of My Feet Botb can be VIewed at ".rww.Xlibns.com, Amazon.com and Barnesandnoble,com INDEPENDENT CONSULTANT, New YoTk, NY 2000 - :!OOl Private Investmem Fund Advisor to SCHlEFFELIN & SOMERSET COMPANY, ajoint venture ofDiageo PLC and Moet Hennessy Louis Vuinon. Directed strategic development and impJemenUilion ofa venture capital investment program as pan of a strategic marketing campaign. DONALDSON, LUFKIN & JENR.ETTI:., New York, NY 1997 - 2000 PrincipaL Director of Real Estate Investments, DLJ Asset Management Group Joined DLJ initially to create an il1fra"tructure for managing the dramatic: growth of its allemauve investments program, and ultimately to direct the CTe ation and management of its real estate product line. NEW YORK STATE COMMON RE fIREMENT FUND, New York., NY ] 990 - 1997 Cl11efReal Estate tn..,estment Officer (l;nderwritmg Manager) and Director of Real Estate lnvestment~ Joined the Fund innially to restructure its real estate investment program. manage the underwriting of all new InVestments and ulnll1ately to develop and eJ\.pand m investment scope and strategy. CUSHMAN & WAKEFIELD REALTY ADVISORS, INC., New York. NY 1986-1990 Assistant DIrector, Portfolio Management. for a national commerclal real estate brokerage and management company HUG-ll-~005 ~3:-H P.04 04 JONES LANG WOOTTON, New York, NY 1981- ]986 Senior Investment AssocIate, for an inremational real estate Investment management company PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC., New York, NY 1980 Project Manager, for an international engineering and planning consulting company Member of the Urban Land Institute ({JU), Pension Real Estate Association (PREA). and the lntemanonal Council of Shopping Centers (lesC) EDUCA nON UNIVERSITY OF PENNSYLVANIA. Philadelphia, Pennsylvania, 1980 M c.r., Master of City Plannmg Substantial course work at The Whanon School University of Pennsylvania Research Fellowship_ Full scholarship, 1978- I 980 American Planning Association Award for highest scholastic average in planning program. 1980 William L.C \.\!heaton A ward for scholastic achievement. 1979 BROWN UNIVERSITY, Providence. Rhode Island. 1978 A.8., Economics and Urban Studies Brown University Scholarship_ J 974-1978 NEW YORK UNIVERSITY, New York, New York, 198]-1983 Real EstaTe, Appraisal, Investment, and Finance courses. UCENSES; Series 7 PUBLICA nONS Numerous articles in business and real estate publicanons including Barron's, The Appraisal JOJ.1maI. Urban Land. Real Estate Review. and Real Estate Iss~ Member, Editorial Advisory Board, The Handbook of Real Estate Porcfolio Manag.ement (Irwin) and author, Chapter 23. "Portfolio Diversification Considerations;' ] 995_ KEY WORDS Real Estllle, Mortgages, Lending, Sub-prime and Non.conforming LCTlding, Alternative Investments, Private Equity, Fund of Funds, Institutional In V I.:stin g. Underwritmg. Acquisitions, Loans, Financings, Sales, Asset Management, Portfolio Management, Jornt Ventures, Marketing, Business Development Valuations, Appraisals, Financial Advisors. TOTHL P.04 Ul:; 11 ';::L1L1"=, .i '=, : U'=, IIU.-=.":J.l. (;1002 1 11-'1, 11l,;O'5 WED 11:~8 F~X 561243J774 <'IT~ (tERli: E~' A--l:7=f(. @Oll~ OQ.RAY 8~CH ~IDlb1 . .... ? .. . .. .... b*1d ~City CITY OF DELRAY BEACH RECE\VEO " II I! BOARD MEMBER APPLICATION AUG 1 0 2005 1993 C\TY CLERK 2001 infODnaOoo.: FE, z..~ ~ Nunc F~ f:.J) :t-.{. LB. Home AddJ:ess: E.J./lr <'~"'- DR rUE" CilY D BEA. <: H State. Zip("~ <t 3 "2.. G LteJ. '/ FL 3 8"~ ~ lksideace: City SU(c Zip Code 4S2 E v'e C~~rt. D~ lV€ D~ttA BEACH FL 33LfE.3 Principal Busioess Address: City Sotc Zip Code . - Hom.<. Ph011c: Business Phone; Cell Phone: F2Z: 5'~/-27~-~ 7/'7- 5"'- 7/S-QV3o 5bl-/&5 -'030. ~/-2 76 -,67/ '- l'uc you... .r.cgistc.I:cd voter? If so, -=hc.cc :ue you x:e;gistttcd? 1> Be;:-ACN es r:;L~" 1 ~r Bou:d.(s) ace you inr.e.cested in S~Dg? PI~e: list in oJ:der of px:efcrcncl"''': Al~/(;N~()~ f10#,p A .PYJ~ -) " 4.- L /D;J A/'EAs..,S J ~MIi' 1ES.:1€ t5: UA/IV DF- LO. List any rel:teed professional certi.fiClcions w.d licenses which you hold J Gc" /2.6- A ~ Ec;I5-r€~€D ~ore5SIO..IIK, E/'JG/Joi e~~ - ;::"(.,4*21 A SlAT&' CEI2T ;=/~.D BUJl...D''''' CONI. - F' Lf);i. 11- Give yo~x:esent, or most recent employer, 4nd poution: E~~J,Jfi€t< ,J16- S iff L.<. p T '1€ '- e-c.o ,.j / (! ID 1> I C"T'O..,(, - AND CoJJ S-riUC--TIOJ\J 12. Draibe upe:nences, sl.cil1s or knowl~~ whiCh <:),U:J.1ify you (0 se e on chis board (Please: attach '" brief s:esurne) ~ E C ' w.,-( [ ha:eby certify dl.at all the above stJL1:<::1neou are (Cue, ~d I llgree :o.nd undetScand du[ 3.ny misSl:a=cn~ of ID,,-teriaL bcts concoinGd. in this appli.ca.rion may G\.use focfcicurc upon my part of ~y appomtmetl( I may receive.. / 2-00 ~ ('J~ 8.'<]+ oS //1 - . . SIGNATURE DATE Note: 1b.is appliOltion "<17ill remain on file in the Cicy Cl~s Office for 3. pex:iod of 2 years hom. the date it W2S submitted. It will be the 3.pplicwcs responsibility to ensure that ~ curren( application is on tik.. ~"IbO.-aD\Mf'llCA'tTOtl 08 11 200'j 1';<1: lj'j flU.'::::J'::: LI\Jlj j FRED B_ FETZER, P_E. 9J-Z Evt!rgree.n Drn'€ De/ray Beadr. Fl(lrida 33483 (561) 715-9030 (561) J76-67/J jbfetze1(~eIl5l1utJu'e[ OBJECTIVE To obtain. a challengi1zgposirion serving che commumlywhere~' e;rcensive adminutrarive, managerial and rt!chnical skills ....ill be ucilized. QUALIFICA. TIONS An o!!Xperie'lct!d professional who is dependable se~f morivated, flexible. committed 10 senmg high srandards of echics and pelformarlCe. an.d willmg to work hard to achieve aggressive goals. WORK EXPERIENCE Ntlv., 191J9- BeIlSou.rh Tdecomrnmr.icatiotU. Inc., Miu.mi. Plorid4 aJld Pll1.ntlltWn. Floridll Ju.Iy. 1002 Director- Engineerbr.g and C-Oll.tlTlldloll Directed the operations ofrhe Outside! PlaJJ:t Engineering and COIL(ITUC(ioII o."ganizacioll.(fo.' Nerwork Operacions Divisions in the Souch Florida Area. This i'lcluded re.'J'{'ot1$ibiliries for de.ngn and c011StrJlc-1ion l?f annual CoJt51Tl~ction Programs {1Veraging $40 10 $5Q millIOn per year year. Conslnlction Programs consisted of desigrUllg and Lo,~cnKting telephone net>vork facilirks includillgfiher optic cables loop elearo1l1cf and ("-Opper ba5ed facilities. I averaged 250 Co 300 employees (7 Direct Teport.() in my organization. inclwiing Area Managers, Project Managers Loop capac icy managt?rs. Engmeers, COrlSrruClioTl St'puviwrr and field rechnicians. Retired from Bel/South on ./uly 31, 200:! with over 32 years of service. Feb_. 1987- Southern BeU Teleplume & Telegraph Corporation, Sunrise, Florida Nov., 19119 Operation., Manager-Florida Network Support Dire<::ted the operations of the Computer Maintenaru:e Centers in Sunrise, Miami, alld Jacksonville. SupervISed vari01~ Network Support S)'scem.s and Centers induding statewide network monitoring and n!aimenance, dacabase nranagemerlC and i,iformation technology (IT) support. ThIS wa,( a sTatewide lme organization with approrimate~v 250 employees (9 direct reports). Mar., 198:1- Southern BeJllidepllOfte & Telegraph CorporaiWn. Miami,. Florida Feb., 1987 District Engineer Responsible for mal1aging the Outside Plant Engineering Di.o;tricJ and Loop Assignmenr Center for the northem portion of Miami-Dude COU1ll)J. Directed Engineering and l.oop Assignment Cenf<9- work group." ill the pllll11Jmg. design and provisiomng ofnerwo'-/c facilities (including I was responsiblefor the e'lgineering amI managemenI of an anllual Construction Budget of$20 to $30 million ill this positiolL 1 had approximatelv 100-1:!0 subordinme e11Jpl<Y),t!~ ill this orgafJiziltiol1 (8 direct reporrs) irn-lllding I;....gil'leers. supervisOr':. drqfting clerks and other clerical suppon Sept., 1919- SOlJt.h07llJeU TeMpbone & Telegrl1ph Corp_, AtLanta. Georgia March. 1982 J)iTtrid Sla..ff MlUUlger ThlJ' was a rotational assignmenl on the CompQJc)' Headqullrlers .'icajj. 1 was respotT.$ihlefor staff support ;'1 managing and administerin.g Sourhern Bell's Ne1Work CO,lSrruawn Program for rhe tour state region The Capital Budget as'iociaud with the Network Construction Program averaged over $600 m.ilIion annually, l had a srqllof 10 employees ill this posirion (i11c/uding 8 Engineering Stajf ft.fanagers who ""-ere direcr reports). 08 11 2005 1'3:0'3 110.252 QOO-l 4p,il. 19U- .\'outlurD 8~1l TelephOlIl' & Tdegraph Corp.. P/lVltation, FL and Bl,ca Ruton, FL SepL. 1979 Supervisinx En/Jineer-I"lo.ntarion Db:t,ict!Area Ma"age,-BocfJ Ruen Dist,ic.t Supt!n:i~ed OlJ(~lde Plane Faoltev de~igl1 groups /f1 (WO Soucheasl FL Di:3crilCS. Resp<l/lsibilili<i:s included mpervlSing deslg~ of nerwork fadllties. currenl and long range planning. /n fhis pwiriulJ. I was ,it:sporlSlble fo, matwging anTlual ('oflsfnu:liO/l budgers oj $] o]..{ co $1 :!Al and sup~vising U STuff]5 to HJ engineers and derical support per<;onnel (in.duding 10 to lJ dIrect reports). JU~lI. 1970- Sourherll Bell TdepluJlle do Telegraph Corp_. Plantarion. Florida April. 1973 EngitreU- Outsid~ P14l1t Design Responsible for d~'ign of Outside Plant (OSP) facilities for a geographIc area (sollJhwesrem Broward Coumvj These respansibiltlie.5 included design engineermg and current planning. 1 had,1O ~llb01 dmt'Jles in ThIS position Ju.Iy, 1967- ~f(lrt1n lUarier1a Cqrporacion, Or/lmiW. Flo,Uo JUIlL,1970 Engi,,~,- Thermodynamio Sectwn Rf!.)'POrlSible for design engmeering 0/1 missile defense 5)'stems through U. S. Govemmenl defel'lSe C-i.J>1lracCS, Responsihilities included thennod}'namic analysis and design of mIssile componen.ts and techrncll/ wruing, l had nu subordinlllt'S in this posirion, EDUCATION UNlVERS1TY OF TENNESSEE. Kl1o::rville TelI/lesse.! 8.S. Degree in M<!cMnical Engineering PROFESSIONAL LICENSES AND ORGANIZATIONS Registered ProjesSl(mal Engineer in the STates of Florida and Georgia Memher of the Narional Society of Profession.al Engineers Member ~f the Florida Engirreermg Society SWle CerTified Buildmg COnP"actor- Stale of Rorida CIVIC INJ--'OLJ.'EMENT AND EXPJ:.lUENCE EI~cced co the Cin' Co~nt..:i.l in Wilton Manors. FL in. 1973 and ,.e-electedfo,'l addiTional] year terms.. Served as (~lty C (Jundt Presidenc for 2 years. Appomted by the Broward Calmly Commission 10 serve on the.fIrst Broward County Planning Cou11cil during this perio{! Resigned cmmciJ sear bl J 979 due to {I job Transfer by m)' company 10 AJlama. Presently serving a.:. f'res1-dent a/Tropic bles Civic Association in De/ray Beach (elected in F.zbruary. 1003), Graduated.from the Delray BUKh Residc:ncs Ac(zdemy in April. 100-1, PreselJTlv se.ving 011 the Boa,'d o.f Construction Appealsfor the City f.?f De/ray Beoch (appoinred by the City Commission llt 2003j. Prese11l~v .(erving on rhe City of De/my Beach Neighborhood Adviso,y Council (appointed by the City Commission in November. lU03) Cur'renI(v serving a5 Second Vice (:nairman a/this board. Pre..~ent~l' ~erl>ing 0.11 Muyor Perlmall's Race RelaIians Comrrtittee in Delray Be<U'h fresenIly serving as Secretary/Treasurer O/The Board ofDirector:3 o.fTropical Financial Credir Union (FFCUI, Se",,'ed as a member (~t this Board oIDlrector,\ for ave' 19 years (includblg 3 years as Chairman), TFCU is a s.,.uth Florida basedji,tal1cial servi~ organization with (Ner $650 million in asse~. FH'" ,to. : S612660-;'-l6 Hllg O-l 2Olf~ y~?'J-I ill ~'O('I : C,ER-SHlI 1.;: l;) l'A.l t>lll~,P~I'lll l. 1 11. C U:.l{l\ . e- ~JI"J -J3 . tJ-l 1);\ 11:1' OfUU,Y \1F.A.cH q(lfh II co.. I . ... ~ 'niP CITY OF DELRAY BEACH ~O:J\J~O BOARD MEMBER APPLICATIO~ _ h 1\\\\'i . ~. ~\\G i993 \-~~~ 2001 _' _ crt'! C Please ~e or. print me fQlloWlUg l1lfocU"J3.tlon: 1. Last Name: ~ 2. ElJe: ~T City ~. ~ Rttsidt:noe. S Ilrvle CiLy 4. Principal Busin~3 Addre3s: City Sb1.te Zit' Co& t i fio!Ue Pbon~ R~ess Phone: B-M2ilAddt:(;$l5: ~ / VC,t060Y 6. ALe you ~ .c~t<:.ted vot:er:.? 7. ~t Bou:d(~) .uc: yuu interest in serving? Plese list m ~tder .)~ P'~-el:i.c;::: " fr'1V-rf C V)rJm 1 cS . 8. Lis;: all City Boards Q[] wbklJ. you Ul!: CUttcody s~g ot ha.ve pEc.viously l.l~ed; ~ jodwk da~) ~ OW Ed~~ti~ qu<illfl~tiO~8; t3 . 10. J.Jst:any.related profe:llsiowal <:er:tifica.uoas an.;lliccOl5C$ -which. you hold: 1 L GNe ~1Jl: p~eo.t,. 01: mo$t tecent eoiployer. a.nd position; Ud' . 12. Describe aperl~. E:kills or: kno~edg, wbjCh q=.1ify' yoo. to secvc: on t:bis ho;u:d: (Ple:uc 2.tI1ch :L bOd'l:dlUllC) _ Df~ )/Oq,<' applics.uoo. will rcnWn 00. file in the Ciq a~s Offic..: for a peElod ot 2 yc:ars from the d:J.tc it'tV"...s bmillCed.. I( will be the appliCUlt's responsibility (0 cnsuic dla%: a cw:re:nc. :ippIJ.c:uiou is <Xl. file.. ~CLIl:ll.JNrQ"""""I'I'UC...:D()" - 61ucttk r -- 9-'1-0:) P\l"-'~ B~P! '11m CITY 0'= DELRA Y BEACH -Z::;ne I BOARD MEMBER APPLICATION 1993 2001 \ 7. , 8. ed: (please include dates) 9. Educational qualifications: 11. Give your present. or mos recent employ Note: This application will remain on file in the City Oerk's years from tbl: date it was submincd. It will be the applicant's raponsibility to COSlm Ma mlf!Plication is ~11ON ,....,.-v ". c: D t.( \J=> ";)..~"\.I.;) .l~::to l"i\,.:\.. ';)OJ..~/~/U~~' rL1\...:>.1l\J.l'\.:-1:. ~lJ'-'~.'''''~} DB..RAY BEA.CH - . ...' ...G .... .... ..... J~d/C'/lk'! e 'l III; CITY OF DELRA Y BEACH Ii/t- '" BOARD MEMBER APPLlCATIO"REC~I\l: 1993 2001 MAY 0 5 2005 Please type or pnnt dle followm.g; infom:utton: 1. Last Name: Name CIT'1 ~t..ERK Lynch Connor C _ __ 2- Home Address: City Sene Zip Code 315 N_ Palmway Lake Worth FL 33460 3. Legal Residence: City Sca(e Zip Code Same as above 4_ Principal Business Address: City State Zip Code 820 N_ Federal Hwy. Delray Beach FL 33483 S. Home Phone: Business Phone: E-Mail Address: Cdl Phone: Fax: Cly'IJ-~h~ , 561-988-9597 561-276-5211 Pl~~+;inrrp rnm 56i-346-5058 561-276-5244 6_ .ALe you a registered voter? If so, where <lIe you registered? ~es Lake Wortn FT 7. What Boudes) are you iote!:estcd in serving? Please list in order of prefe!:efice: .. -:; ---- SPRAB & P lann1ng & Zonlnq .a. . /I/t:& /h-:JLJ -Vf! 5# 07 ~ d=J O(! ;=j (jCr./ 8- List ill City B<Y.U"ds on which you axe currcndy serving or have previously served: (please include <h.tcs) , No City Boards, but I did do Leadership De~rav and rnp f)p.l Y";>U n~~~l Youth Council President ~ack in High Sohool 9. EduarionalquilificrD.ons: Bachelors Degree in Business Administration ~rom the University of F10rida 10_ List 20y rebted professiorul certificatiolls aud licenses which you hold: 2-20 Insurance License 11. Givelour pJ:~ent, or most reCent employe!:, and position.: _ P astr~dge Itlsurance Agency - Development, Sales, & Part Owner 12 Dcsctibe expeacnc:es. skills or: knowledge whidl qualify you to serve on this board: (please atuch a bncf rcsUtIle) I have been involved in several commercial new construction and and remodeliqg projects. I followed these projects from the drawing board through completion. I am a~so remodeling my home in Lake W0~th. I hcttby certify drat all the above statements are trUe, ~d I ~ce and understand that any rnisstatanent of IDllte:W.lGiC(s cont:a.io.ed in this applicroon ~y cmsc:- forfeiture upon my part: of any appoIDttnent I roay receive. .- ?- C~ 5/2/05 fI9NATIJRE DATE Note: This applicacion will :remain 00. file in the City Cletk's Office fo:r a period of 2 yean;. from the -ru.te-it:-was submitted. It wiIfbe the applicant's responsibility to ensure that a cua:ellt application is on file. S'CII'YCUlIUl:\DO~l.l.CAn~ .... .... '..... _ ~ .. _ -.' ... # _ ~_A_ _ _ -.. _ _ __ - - - -- - --~-- .- - 315 N Palmway (561) 276-5221 lake Worth. FL 33460 clynch@plastridge.com Connor Lyuh Objective To better myself by helping others Experience 2003- Present Plastridge Insurance Agency Delray Beach. FL New Business Producer! Part Owner · Oversee new construction, remodeling, and design · New Business Sales · Marketing · Customer Service! Customer Relations 1998-2002 Bethesda Memorial Hospital Boynton Beach, FL Senior Outpatient Coordinator · Assisted patients in registering for testing · Reviewed test procedures with patients · Verified insurance acceptability with procedures 1975-1980 Bethesda Memorial Hospital Boynton Beach, FL CT/MRI Tech Aide · Assisted tech in administering testing · Assisted patient in registration and transport Education 2003 University of Florida Gainesville, FL · B.A.. Business Administration Interests Commercial! Residential Design, Dealing with People, Tennis, and Volunteering l 08/0;}/O5 ~~D 14'33 FAX 581243J774 CITY CLERK .eea/~flJOO~ DEl.RAY MACH .. " .. . . . .. ~ Al-AmaicaCity CITY OF DELRAY BEACH RECE_- lED ""I! BOARD MEMBER APPLICATION AUf; - Is 2005 1993 C~ , : ,,-.' -RK 2001 . 1 1 gj tJT} '2 /!/.[ c 2. / S t:2.tc " 2?iL,l~ I-L 3_ Sute . Sate ~ '9. ,~hC'C' 10_ List UJ.y [elat.c:d proEessio~ c.atifiadion~d licenses which. you hold: CZ IV L/ ) /) j-;;.r Note: 'Ibis 2pplic.auoo will ~em2in on file m the City Cledi:"s Office for:l. pcs:iod of 2 yeus from the <hoc it W2S submitted. It will be the 2flplic:ult's l:espoosibiliLY co ensure duu.. cua:cnt applioooa is on file.. ~AHMrUJCA-n0T4 I . d dSS=vO SO va ~nl:l Au~ 04 05 03:30p p.2 RESUME FOR PEARL "BUNNY~~ MARKFIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REALTOR:COLDWELL BANKER REAL ESTATE (22 YEARS) PRESIDENT MERRlTT PARK HOME OWNER'S ASSOC 6 YRS BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRA Y AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SWINW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HA VE LIVED IN DELRA Y BEACH 8 YEARS AND HA VE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I P ARTICULARL Y ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. I Hu~ U4 UO U~:~Up p.3 DELRA Y IS DEVELOPING AS A WIDESPREAD EXAMPLE OF HEALTHY URBAN GROWTH AND I AM HAPPY TO BE HERE TO ENJOY IT! j ;{ tJ.-d0 ftIT~ ~f I0>]E~lRA ~ fBslEAftJtl[ (b~Jd fBs~AlRI0> NArJEtwfBs]ElR Af>p~J~AtmFJ Pffige tweorprntthe fulbw ng hfunn atim: 1. LastN em e: tlEY~/) Name & M.IA. /! r/<-J'c /-/1 2. H om eAddress: 31 clx/,v1Y 6MCh State Z l> Code IIY /VW f rL 33 VYY' 3. LegalR esilence: City State Z -p Code II 1/ /I If 4. P rhcl>alB usness Address: City State Zip Code 1330 .f{- tj !-YR. I J'J. I /J. .&,<< d. /L .J331b 5. H om e Phone: Busness Phone: E -M ailA ddress: CellPhone: Fax: 5~/- 95'1- 525 - 51 S7 eA.5krn /Z-~ ~ Ao!. c< 9SY- 541/ - ..l.7.1.- 7q 75 ~ 6?tfY-5"Jo J c27:l- 77 'fro 6. A re you a :registered voter? )i5 If SJ , w here are you :regEtered? /n/~ &,A-{j 7. W hatBoatd {s) are you ilterestEd .h rervilg? P:Eare listil orderofprefurence: i!o4/U) b;! (loN5f;ej{.~ -htf>-L IJ~ /f/2-tJ~AL-< , 8. ListallC ~B.o~son w,hih you are~rren~.~rvil~~~h;vey~~busJyre~ed: (1?:Eare ilcl1deda~) JJjoNE -- - - - ; - - \ ~ - - - -- - ",' ~ ,- - - . - . . : - -- . --- -- . - --, --. - - -- - -- - -,' ::0: :. _:. :;- - -- .. ". - - n __ - - -- - -- --.- 9. _ E ducatbnalqualifratbns: {Jo'llhe~ch,e I t:,cAeh/l f- JE9rt'~ .-4///;01'- fu -- ~ -17' -. - - (JEN[:;e/'1L u rli;-/) ""Nce - -- 10. Listany mated profussDnalcert:ifr:atbnsand JrenresWhl..IYOU ~9li: t€/lI-/~r'"E^ NE,01L t'oNI/t.AcJoA - 11. G Ne yourp:rerent, orm ost.recentan y;hyer, and positim: Viet: !iES;[)[tV -I _ ~/l5f.ern bElli: o~MeNI / 2/ll!. - 12.0 escrbe experences, skills or know klgewhi:h qualifY you to serve on thisboatd: (P:Eare attach abri=fIESJIll e) ~tEE IlllAcAej Jf~JqI4E I hereby certify thatallthe above ~tan ents are we, and I agree and understand thatanym isstatan entofm atErialtacts cxm1ah~~ ay cau", fuDiillure upon m ypartofany appon1m entIm ay receive. - - -'. - --.-- . - .- - - - -)'--oZ~-oY; n Sl!i ~_A:~U-R~ -- , -, --, ...... DATE . - - -- -- - - - -- - - . ~ - --- : _N o!e:.T ~~_app~ti?~ w illmn ail on fiE i1 tile City C.Erk-;s 0 ffte fur a perod of2 years from tile date itw as ), ~m ittEd. Itw illbe the aPplbmt-;s ~ViEt')hata currentappICatbil js-on fiE.. _h --' : ' , - - _ _ _ - - _ _ - _' - - S\:lrYCLERK'llOARD'aPPLI:AtDIf AUG 0-2 2004 CITY CLERK PATRICIA A. NEYRA 114 NW 7TH Street Delray Beach, Florida 33444 954-684-88051561~272-7746 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 ECONOMUC GROWTHCORPORATON 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 meetings & 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 'I DElRAY BEACH t/{>jy1 \CZ . '" 0 .. .. . ... ***** All-AmericaCity ~ --2 't II J! CITY OF DELRAY BEACH g-; 0 0'] BOARD MEMBER APPLICATION t tn*d 1j01-1.ilfC///J RECEI ~ 1993 2001 le2Se AUG 1 5 2005 Last Name: f~ OSeIJ.t 4. Name ML CYCLER Home Address: I 3) 7 7 Va (LA /41L City Stlte Zip Cod, rl . V Legal Residence: City State Zip Code S.~ Principal Business Address: City State Zip Code Home Phone: Business Phone: E-MailA~~ , Cell Phone:_ Fax: t.at:{)~91 t 6) -IJ-S(J t~ft'r, t r: c>> bb~-/;2S0 5:~iL ~ MU v it, J f\Jv Are you a registered voter? yes I so, where are you registered? fc. t 5" 0 9-& . What Boacd(s) are you interested in servjng? PLease list - order of preferen= C J i tJ,'t:Jr'.. it I 0 - :~ PB(. II / ~ /;., - //1 . Educational qualifications; ~cif.11 vli-/rv!d: ~ -f <;V r.Jlf:OJ- M. , 'V,' O. list any related professional certifications and licenses which you hold: .. ' t..f, W above statements are true, and I agree and understand that any misstatement of 1illlteruu facts tin may =:;;Ttfeiture upon my pm of ""y appointment I may receive . - $/IIIr- DAlE ;fote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. 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( JUL-24-2ee3 11:~~ ~M K~K~NKU~~N~L~I I 'S!I54'S'42'S104'9 -- p.et 'E.: ~o\W~ ~ 7/1'1JD5 ~: f\.h~ ~o~blJ - 1}J77 tlll)!,,- ~ ~ W~ ~ f} ]]YY'tf ;AjLc;/" ?~~~~~~ ------ - '. faL ~~tn') th .~ ~ p;,oevvJ ~ Tk~OU' LJ~~F~ ~~ ~~~~~f} --- . ~ "' ~' Tl<...~ ~J ~ 7.s-o ~. . . \ RECEIVED JUl 21t 2003 CITY CLERK l'l4/117.'~lJe5 15: 44 15Gl73qG59_ _ _. MORRIS ~'!EIlITRAUB PAGE l]~ - V~. -,,-P.'"'' "..e ~3:." r.\L.fo. ..o~ "'1~ "f f 4 Cl.Il': CL..ERK ~ - t tal O"-OZ .oa.<<A"I B&.CH ' of,! IS _. . ~ c . . 6 IJ-rr. ttJ{ 0 ;p ~ Idba, '$:157 filir BO~:=:=~~~ION {~EJVE" 1993 APR ., n 2005 2001 - . infuona'tl<m: Nune- () rL;<.. l S '-;-o,.J fJ e-l)_ ~s~~ r,:y St;;h>; t ~~ I Cell. Phone; l3U$~ Phone: J:!.-.~~s:..il Address: , (A' ~f A.l-rtZ~ g r/~ T"IVe-T .y - /, 5 <..{ 3- 6. If so, where il.tt you ~tcttd? I , --- 7. Wlat Boud{s) ue yOll iotetuted-in lle.r:viag? p~ Ust 2ft 6IiIe:r of' prUett:D= J '- C l Vi'L 5 c IZ. J t ct3F COI'V~n:<u <:~~/o,:; HIJc/f L' 5_ l I, f LUt dl Cilr ilou<b ~ ~ ~ = """"",,.avi.g ~ Inve ~ ~ (!'bo< include <k....j I , ClViL $e!f:..VlCC' . I !9- EducaciQOA( 'lwdiJiC:l.lion~ r r.;, rda<' ' re.,;mw c=U;c. " aad < hiclo hol<! i \10. ""'! ea ~w. cp"," ocewe. '" you , I- f 't ' -"1 th:fhvl5 7- 114 ~(S" '"t: '! ;e. p"-,,, 'j R A- "1 ,..., ..I{ I- ' . n. Gnre}'OUl presen~ Of most: recenf emplo. er,. and pos1QO~ J ! I - U. Desoibe espett01<<;S; skiDs or lm"~e whiCJ1 ~ you to Il~~ ~ 'chis bou:d: -t~-2-tt:lch2 .bcief--;~un1f:;) i . ~ (.) C~;0)-r~cJc:..-rT c;:;/oJ Fb ,t- Sar . '1''''''''''.;..;;;y tLot.dl w;,,",,,,,, "'=<n" ""...... =<II 21\"'6 WI ~d=w>11h.uoy .......-- of._ '''''''I c;oll.~.:>:1 in ~ ~pfu::a.~ ~~(Uf;t;; UPQli my part of -my ~pointmCD.I; I may: xccci.ve../ 10~Sfr~1' . . fl'io~ " . SIGN.~~ DALE ."-.. .. Note; 1bis 1PPIka.tiOU wilb..-enmia on file in the:: City'O~lt Oftice fur IL period of2 yens from the date it W26 whtnit.ted.. It vodllhe the. llppllQl1.lt"s lespon.sibility to ~w:e iliac a. cunent 3-ppJi~tion is on f:ll.e.. $\CIn-~~-f1l;Nl{ Gvi I ~"t~ ~cu-d "'/-p' "'/, lOb ----- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # C\ ~ REGULAR MEETING OF SEPTEMBER 6. 2005 APPOINTMENTS TO THE PLANNING AND ZONING BOARD DATE: SEPTEMBER 2, 2005 The terms for Mr. Mark Krall and Mr. Charles Walker expired on August 31, 2005. Mr. Krall and Mr. Walker have served one (1) full term are eligible and would like to be considered for reappointment. The terms will be for two (2) years ending August 31, 2007. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Christel Silver who is a resident alien in the process of obtaining her citizenship. Based on the rotation system, the appointments will be made by Commissioner Archer (Seat #2) and Commissioner McCarthy (Seat #4) for two (2) regular members to serve two (2) year terms ending August 31, 2007. Recommend appointment of two (2) regular members to the Planning and Zoning Board for two (2) year terms ending August 31,2007. PLANNING & ZONING EXHIBIT" A" Carol Aharonovic Appraiser (currently on the Board of Construction Appeals) Paula Aridas N/A (also applying for the Site Plan Review & Appearance Board) Ronald Brito Contractor (currently on the Board of Construction Appeals) (also applying for the Site Plan Review & Appearance Board) Sara Coen Attorney (also applying for the Board of Adjustment and Site Plan Review & Appearance Board) Rick Corbin Financial Consultant Reginald Cox Planner (currently on Site Plan Review & Appearance Board) Joe Farkas Financing Bruce Gimmy Retail (also applying for the Site Plan Review and Appearance Board) Charles Halberg Contractor (currently on the Board of Construction Appeals) (also applying for the Site Plan Review & Appearance Board) Sigurdur Hardester Sales Manager(currently on the Board of Adjustment) James Houck Property Mgr. (currently on the Board of Construction Appeals) Karen Kiselewski Planner Lynn Klein AccountantlExecutive Director Mark Krall Attorney (Incumbent) Loren Levinson Educator (also applying for the Site Plan Review & Appearance Board) Nicholas Loeb Real Estate (currently on the Nuisance Abatement Board) (also applying for the Site Plan Review & Appearance Board) Conner Lynch Insurance (also applying for the Board of Construction Appeals and the Site Plan Review & Appearance Board) Pearl Markfield Elrod Realtor (also applying for the Board of Adjustment, Site Plan Review & Appearance Board and the Board of Construction Appeals) Eileen Marks Banking (currently on Nuisance Abatement Board) (also applying for Site Plan Review & Appearance Board) Ralph Morse Vessel Examiner PLANNING & ZONING EXHIBIT "A" (continued) Bryce Newell Senior Account Executive/Mgr. (currently on the Board of Adjustment) also applying for the Site Plan Review & Appearance Board) Jeremy Office Wealth Management Advisor (currently on the Neighborhood Advisory Council) Michael Owens Senior Planner (also applying for the Site Plan Review & Appearance Board) Mel Pollack Director (currently on the Board of Adjustment) Jerome Sanzone Building Official (also applying for the Site Plan Review & Appearance Board) Randee Schatz Attorney (currently on the Historic Preservation Board) Nancy Schneider Flight Attendant Christel Silver Realtor Harvey Starin Real Estate Broker (currently on Board of Adjustment) Ronald Sullivan Planner George Thacker Accounts Manager (also applying for the Board of Adjustment) Harold Van Amem Developer Charles Walker Mechanical/Plumbing (Incumbent) Andrew Y oungross Engineer (also applying for the Site Plan Review & Appearance Board) PLANNING AND ZONING BOARD 08/05 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31/2006 Diane Borchardt Sr. Planner Office: 515-6550 Appt 07/16/02 625 Heron Drive Home: 272-1196 ReapptOS/03/04 Dekay Beach. FL 33444 08/31/2006 Paul Zacks Attorney Office: 355-7396 Unexp Appt 02/01/05 748 Place Chateau Home: 498-2298 Dekay Beach. FL 33455 Cell: 307 -3583 Fax: 355-7193 08/31/2006 Johnny Kincaide Attorney Office: 305371-9661 Appt 08/03/04 17604 Linton Lake Drive Home: 243-2901 Dekay Beach. FL 33445 Fax: 305 374-4058 08/31/2005 Mark Krall Attorney Office: 276-7424 Appt 12/04/01 unexp 1405 S Federal Hwy #141 Home: 330-0215 Reappt07/22/03 Dekay Beach. FL 33483 Fax: 278-6909 08/31/2006 Gary Eliopoulos Architect Office: 276-6011 Unexp Appt 07/19/05 306 NW 7th Street Home: 243-9196 Dekay Beach. FL 33444 Cell: 715-6635 08/31/2007 Nelson McDuffie Manager Office: 355-3897 ApptOS/16/05 2364 SW 35th Avenue Home: 496-3823 Dekay Beach. FL 33445 Cell: 310-9090 Fax: 355-6501 08/31/2005 Charles Walker Mechanical/ Office: 278-7125 Appt 03/11/04 1515 Estuary Trail Plumber Home: 274-9526 Dekay Beach. FL 33483 Contact: Denise Valek. x-7041 SICily ClerklBoard OSlPlanning & Zoning * V> ""C Cl ~ ~ ~ ~ Nt:' ~ () 0 -. 0 ~ = =- - = -. ~. C ~ - = =- Q.= = _. p) - ('l) = .., = <::= (') .., "0 ~ '-<: ~ N - = = _. ('l) tI1 ('l) =- ~ '-< g = ..... = ~ ~ 0\ n ~ ""C .., C Cl~ :;. 0 ~ -. 0 = a ~ ~ .., - = =-n 8 = ('l) - ~ ~ .., ~ n = =- (b :> -. <:: = -. = Cl ~ (b ~ ('l) _. .., .., ...... .., =- -. Q. Q. _. n ::l c.. = ('l) ('l) .r- ao ~ :;. Cl 0 ""l " ~ (b 0 =- V> u. " !.;;o ;;0 (') ;a ~ ~ ~ " :::r' 0; .., " (b S m :> m :> m :> > m :> > m > 0- " "0 ~ ~ ~ ! "0 ~ ! m "0 ~ :g :3 "0 "0 "S. " "0 ~ o ;; "0 ~ ...... {)Q o 0 o 0 0 o 0 o 0 o 0 (b ~ 00 ...., 00 w re ~ 00 00 --l 00 00 00 00 0- ~ 25 -- -- 25 -- -- W 25 W 0 c.. ~ :: w ...., w ...., _ w -- - ~ ~ - ...., w _ ...., - ~ (5 25 ...... ~ o 25 25 0 25 2:> <:> 25 0 0 0\ u. u. w -l>- u. w 0\ -l>- 0\ -l>- = ~ :3 ()Q ~ p) '-<: ""C ""C ""C ""C > ""C ~~ tv v.> a. 0- '"Ij ~ > ~ ~ (b ""C ""C ""C ""C ""C ""C ""C ....,tI1 > ~ ...... oottl 0 Z ~ p) z ~ ...... ~ ~ ~ ~ ::-;" ""C ""C > IoC ""C IoC > ~~ z 0 c:1 ~ ......, p) > ..c -?d z ~ ~ ""C ""C ""C ""C ""C ""C ""C ~ 0 00:;0 ~ 2 N ~ 8 ~ 0 z ~ > ""C ""C > ""C > ""C ....,> 0 "'~ ~ z ~ c:1 ""C ""C ""C ""C ""C ""C ""C ~~ t:= rJ:J. 0 I N ~ 0 ~ 0 Ul ~ 0 (J) tI1 '1::l """3 0 () """3 8 <:: 0 tI1 () DElRAY BEACH F-/1--O~ . .. . . . . A. bad /JpfJI'Q):J e I AI Aa*aaty CITY OF DELRAY BEACH 'IIII! BOARD MEMBER APPLICATION 1993 2001 information: ML SCire Zip Code ~- PC City flo~~ SCire Zip Code '-, Ce\t-9- fL ~Lf-( 4. Principal Business Address: City SCite Zip Code ,'d,.\C> s. ~ ~ {7L 33<-BS 5. Home Phone: Business Phone: Fax: Q d-I3~/$ ) ~\ \("\ ~~~~ eve on this board: (Please attach a brief resume) - - tha all the above statements are true, and I agree and understand that any misstatement of material facts this Ii tion may cause forfeiture upon my part of any appointment I may receive. ~\ \3)~ SiGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years &om the date it was -I submitted. It will be the applicant's responsibility to ensuie ~~ ~~on is on file. . s-.anT.r.F.RK\JlOAltO\APPf rA 110N - . AUG 1 7 2004 CITY CLERK CAROLAHARONOVIC 1210 S. Federal Hwy., Suite 202 3oynton Beach, FL 33435 ~~4) 520-1469 (CELL) (561) 735-9512 (OFFICE) .dppraisals@yahoo.com ~USINESS EXPERIENCE ,II Family Appraisal State Certified Real Estate Appraiser/ President) 08/04-Present Performs all types residential real estate appraisals, reviews, and consulting. ,II Family Realty, Inc. (Formally Avron Realty, Inc.) REALTOR Associate/ Office Manager) 1995- Present Residential and commercial real estate sales, acquisition, development, leasing and management. ~.H. & A Management (Subsidiary of Avron Realty, lnc.) Property and Asset Manager) 1997 - Present "anages multiple portfolios of real estate, lease held estates and other assets. Responsible for all Ispects of management, maintenance, acquisition and sale of properties and assets held. Jnited Appraisal Associates Reg. 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 directly under the supervision of the State Certified Appraiser/ -kident. " ~ush Appraisal Service Registered Appraiser) 4/02-10/02 'erformed residential appraisals under a State Certified Appraiser. It Your Service! 'rocess Serving and Background Checks ;ole Proprietor 1999 - 2001 Vorked as a process server, serving and filing process. Performed background and credit checks, and ,ther legal research. :DUCATION iaccalaureate Degree in Business and Public Management with a major in Real Estate, lorida Atlantic University .ppraiser Post-Licensing Courses (ABIla & 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 .-tman's Post-Licensing Course, Gold Coast School of Real Estate " ON REALTY, INC. Salespersons Training Course/Internship :panish River High School, Boca Raton, FL - Alumna CAROLAIL-\RONOVIC (continued) iTATE LICENSES HELD '....,te Certified Residential Real Estate Appraiser license #RD4663 ....-,'ds a State Certified Real Estate Salesman's license # SL0626648 iTRENGTHS :ommunication: communicates well in speaking and writing; able to act as liaison between different - >ersonality types; comfortable and effective communicating with superiors, staff and customers. .eadershiD: wide range of interpersonal skills to encourage and instruct others. ~esDonsibility: accustomed to being in positions of responsibility; self-motivated and willing to set Joals and work to achieve them. kaanization: uses time and resources effectively; considers efficiency, planning, and accountability !xtremely important. :omputer Expertise: experienced and profident in Windows, Aldus, Quickbooks, Microsoft Office, Pc ~ccess, Stellveiw, Wintotal, ISC, Internet programs, and can easily master any new system and trograms. inancial Knowledoe: experienced in the preparation of budgets and income statements. Understands redit reports, all types of mortgages, qualification standards, costs, and financial leverage. ~ -- )1<etino Expertise: Understands consumer behaviors and buying patterns, economic and lemographic patterns, market trends and business strategy. Experienced in the creation and nplementation of marketing ptans, programs and promotions. ~eal Estate EXDertise: experienced in all aspects of commercial and residential real, estate. Experienced 1: property appraisal, management, maintenance, acquisition, development, sales and leasing. )ther: analytical problem solving skills, quick learner, solid work ethic and finds satisfaction and ,teasure in achieving goats. ~WARDS/HONORS 999 Young Entrepreneurs "Young Entrepreneur of the Year" 996 Realtor Association of South Palm ,Beach County "Rookie of the Year" .ealtors Educational Foundation Academic Scholarship ~EMBERSHIP .EALTORS Association of South Palm Beach County .oynton Beach Chamber of Commerce 'elta Sigma Pi - zf 671 .otary }RSONAL eSident of Florida since 1978 luent in English, Spanish, and Romanian OURAY BEACH . f. 0 . . 0 " ***** AlI-AmericaCiIy CITY OF DELRA Y BEACH 5~/Lf-G?& "II J! BOARD MEMBER APPLICATION 1993 2001 >lease riut the follow. information: l- Last Name: Name ML ~. Home Address: City Zip Code 33<$1~ t Zip Code t Principal Business Address: City State Zip Code ~ET.'ReD I. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 06/- ~ 7h-S5~ I. If so, where are you registered? - - ~ :e I. I Educational qualifications: o. List any related professional certifications and licenses which you hold: 1. Give your present, or most recent employer, and position: 2 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) SH1P .57PJ/1)7R/j P.v:JNN/A/G Fk'RRi) MeM/B2:;/? BDnA3/) ~ /" . , L . . Y.: 0 hereby certify that all the above tements are true, and I agree and understand that any misstatement of material facts ontaioed in this application may cause forfeiture upon my part of any appointment I may receive. ~a~</.Ll- t0z-/d/l<1 ~ ~ GNA TURE -lote: This application will remain on file in the City Clerk's ce for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensTJl~tfa1 i[c~4t application is on file. S\CJTYO-ERK\llOARD\APPUCATION ~'TY CLE.RK . 1955 N.W. Tenth Street veJray:o~ Florida 33445 MaY'l4.2004 Ms. Karen Scheli ~ecuiive Assistant City ofJ;>elray Beach U)(n~: W. lot Avenue D.elray Beach Florida 33444 Dear Ms Schell: I ~trongly believe m participation m_ th~ cOmmuQity~Pethaps my pievio~ ~ence gln be usefur~ti,~~ ~~ AdviOOi)'-Boards i((fbe City-ofDefray,B~(;h. . ' - . _ , '-, ~ "'" _ . ..' _' _ ~ I '_~ " _ ~~ ......_.:: ~.:-::. ..,~'~, _:.~~~::.-;;;.- .P.LANNING BOARD' " '-, -, ',-' - '-- , - - - - --', - - , __ "0 '~~~*d',<<?f;-T~st~()fthe:in~~~1~>~~~e)~~9$J.~_tia.Ssj~.~~~j~~~\Y-Y~;jj(~~~~~~;as,- ," - - ~~.; ~~~; ., , , "" ~- B'''''';;:';:;z-''' '''.:i::.J,i;,'''-t,I.."''''i~.;~;[;;'a,~-''N>''-'>..',:::'L'~~J>~~~t'S~'i.,'''",;;,}-c~~~,~..,-;:, ~~.;.;'.;\i;G::;:~lort> Y,' ,-, - ' -- "; ., ,-, ~ :,' -.1'1le" ~\qs gtUucu'uy, ~~ ooa:slyr~;P),;m'~~~'iJl"",,",.~1~~~J<<e~~~!l~(Jno.j;!'B"0..,.~' ~~_~-. _~ .: - " -, ' _ -_ ' - , arcliitectuf8I heritage.. which mcbide -scir~- pie-R;evdtUt1&~. StriIcttirci -a6if-tine:hunatoo::'tcii:pre:Civi,lWiir i ~dings in'its fow- Historic Distri<;ts. ,LABOR:,RELATIONS: " _ ,:, 0 M _: ; - -'l~ed'.aS (uie'of.four'Sh6Jt-Steward~"~N~:r~~~f,:QCa1:No: '1 ii1t~tfQ~1tf~ih~~'dt;' ~:-~ Et~~l:Worke~ ~~(}.-~~~~~~~~~~Syst~:<;~N6rtlt:~~Th~tf~a~_ ' repr~ts one-h~(1dred~X-RaY'~<:e'~~' , , . - ~ ' ~, - - ~~ -. , ~ ,:; , _n~-19&3'and 1995:J_p~cl~i~:ili'~i:fu1t~~#~!l~91iat!?!iS;>~~~p;~ti~~~"O~P~I~R1is~?- _ _ - , , . " ~:D..'~::~~@~~~;;J.,ti~f'/;,;,.';.: .... . , ' ~ .-' . . ~ ~__ 1~ .. _ ._" ~ , , .' - '-'-~eI)'7- .". -' -, '_ -. . - - '" "~">~'--- -~ . o~,~:.;~_.-.'--'-~' >>'-r~'''-:_- . . . _ ~ ~ .... ..' ..r. . r .. ~..j ~&' ..... -, _'" . _Of. " '. ;J......!._ ':,;~-'__,: ~:. ~:....... ""'__'~~':-' .~."" i:',.r;. ~. <_ . __4!$UaMdas .-" :-:.,' -.. :: r'.-;.... ...... -' . - ... ~,:>, . - ,. ,'}';'; :';'//~ :tc S . ,. ; ,\ J'}!;'<., :,): 'f;:;~' , , . . 0' ...._. ~:!'..'; _ . ~ ~ . -.. . r . < "'-,' .'~, .' .y: -' . . .' .~"'.- I -~r-<;-t-} . _ . - - . , - - 'J' .. _. - . .. . ...-' - r i :j , "_ _ _;: ;:; __',- ',:_h : ~ . ~. - " . ~ ,.... . .- ,-. ar ~~ U'l U"t-:U::ip cnterpr1se ~ontractors l ~o 1 J L"~-U::J::J~ p.2 XON 11:31 f^X 561 143 3774 CITY CLERK -- ~-~- 03/29/04 .5 -tl r-L?Cr_ P'f~-':'~P! r!on!m~--Ja r- tdtd , All amc.t.-n CITY Of DELRAY ~EACH I 'lilt BOARD ~EMBER APPLICATION '993 .2001 - infotll11rion~ 2- 3. If ... City 5u.~ Zip Code ;t 5"5'1 Wt.-bb A-oc.rt<J(:' 5V; ~ 2- Dd..., - 5. HOlDe Phone: Busmus Phone: E-MU Address: S1.' - I - ., -5;9 2 S' ;n<<f-O~{I- 6. An: you a ~neced vora:? e 7. rJrl Boa.td(s) lU'l' JOu ~tcd..in~? Pkuc list in C!~ of. l.s~, CA. \ "c~~"'v'l.+. 0 -:5>. c::.. 2..-6 1'\..: ~~i. B.:A., .., ~ - 8. List ill Cit}'" B ds on ~'hic:h l'o,," arc CWTCOd}' saving or Iu~ prnioudy IC1'Tcd: (Pbst indude cbtes) -- e.on J crg-2a:::o Zoo Z- . J 9. tA-t.' - SUI 2- 01 Z- . . 11. Give joUa- pRiem. Of moSt recent anploycr.. and position: . E- tc:-{ ::.€ c;., ~-r. ^-'C.. , NOIC 'This application wiII remain on file in th~ City Oak's Office: for a period oC2 ~ from the date it wu whmitted. It will be me ~pliao('1 n=spoosIbility to ~ ~ a conc:m ~plic:aoOD ia all 6k. ~11OH , {JJU1 RECE\VED MAR 1 9 2004 CITY CLERK Ir 29 04 04: 03p Enterpr1se Contractors (561)279-0335 p.3 RON BRITO, GENERAL CONTRACTOR 198 S.E. 21h Avenue Boynton Beach, Florida (561) 441-1767 WORK HISTORY: 1965 -1979 Fourteen years as a framing and finish carpenter in Riverside. San Bernardino and Laguna Beach. California- Production framing on several multi-family complexes. housing tracts, and high quality custom finish work. Seven years as Carpenter, CWo years as Leadman. five years as Foreman on new residential and commercial projects, as well as renovations and remodeling. 1979 -1983 LICENSED BUILDING CONTRACTOR /CALIFORNIA Lie. B-388997 Spent five years subcontracting and running framing, siding. trussing, floor joisting, and stair installation on multi-family complexes from large contractors. During this time, [contracted new single-family homes, additions, remodeling. commercial roofing, and commercial tenant improvements_ 1983 - 1985 Job Superintendent on custom housing in the Nashville. Tennessee area for one year. Subcontractingframing. trussing. and sidingjobsfor the next two years. 1986-1989 \ LICENSED GENERAL CONTRACTOR/FLORLDA Lie. CGC-047369 I Worked at "The Township" as Punch-Oul Foreman for one year. Worked for David Jones Construction at Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight-plex wood frame multi-family units_ Worked for Davis Brothers as Superintendent 011 Brighton Lakes in Boynton Beach. building 36 wood-frame duplexes. Constructed custom housing from Manalapal1 10 Sf. Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989-1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGIN ISLANDS Lie. 2-01392-92 Traveled to St. Croix after Hurricane Hugo for 5 days to bring supplies and help restore power and water to units of condominiums for a friend Agreed 10 come back to restore Iwo houses. Restored fourteen residences, two commercial buildings and six rental units. A Iso completed work in St. Thomas and St John on custom homes_ Acquired General Contractor's License in the Virgin Islands in February 1990. Returned to Florida in July of J 991 and began new additions and remodeling projects_ Afler Hurricane Andrew, I opened a field office in Miami for restoration work My Miami office completed 16 residential resfOrations and about 32 roufingprojects. J ar 29 04 04:03p Enterprise Contractors (561l279-0335 p_4 RON BRITO, GENERAL CONTRACTOR Page 2 1991-1993 Was asked Lo take over operations of Falkav Construction as General Mgr_ and to qualify the company_ Falkav Construction was, at that time, under contruct with the City of Delray Beach for the new Tennis Center (2-5 mi/lion-dollar contract) and was engaged in school projects for districts from Lake Worth 10 Miami-Dade County Although, after a thorough research, [ decided not to qual~fy Falkav, I brought the Delray Tennis Center to substantial completion in time for the Virginia Slim Tournament, and all of the school jobs were in line. 1994 - present Owner and President, Enterprise Contractors, Inc Enterprise has completed many local residential and commercial projects since it's inception, including new construction, additions, remodeling and historical renovations (such as the Sandoway House Nature Center in Delray Reach). In August 1995, I was appointed 10 the Construction Board of Appeals in Delray Beach, and I was the Board's Director for a 2 year term. I'm still serving on the Board for 2003 to 1005 PERSONAL HISTORY: I am 57 years old, married. and have four children J have two years of college. majoring in Business Managemenf. I am an active member of my church (SDA), where I have been a Deacon for 14 years and am currently a Sabbath school teacher for young adults. J also sit on the Church's Building Committee. I own a home in Boynton Beach, where my family has lived for 19 years, and I am a member of the Architectural Review Board for the Vernon Heights ) Property Owners' Association I am also a i8-year member of A.A. and am active on several committees. Tennis, surfing and jogging are my favorite pastimes. \ } OElRAY BEACH ~A#y .4,0...... ***** 5~/o-t:JfO All-AnlericaCity " II J! CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 >lease tint the folIo information: "- Last Name:Cex:-~ Name S?JJL/J- ML , J: t Home Address: City State Zip Code 1'2-03 ,UE lj~ .A- ve . "J> e.-I l3-eA ch r-C 33<-IG3 L Legal Residence: City State Zip Code ~ t Principal Business Address: City State Zip Code ). Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: , 1);)- ?6- 'So ~ - Are you a registered voter? If so, where are you registered? ). "AJO _ _ 7 What Boardes) are you interested in serving? Please list in order of preference: . ~ 7/a h/1~ s,"Je- J~/1. j[!evi ew R/ld eA~ce lid. or Fld U~1" . List all City Boards on which you are currendy serving or have previously served: (please include dates) ) NONe I . Educational qualifications: 7)oC;rO~ .- (Ph. el- f' ~:s (/ocrv.e. A?A-~ .4-r LA...u. _ O. List any related professional certifications and licenses which you hold: F/OT7-.LA ~ CAncYc!A~ :J--u/. '0 __ C~h~ Courr H.e...cb~.e /2 e,.q/ C;771rG tA.~.:>e.- 1. Give your present, or most recent employer, and position: -rAIn? ~eh.- ("I-V,fJ. ' 04) lJ/~' c:r GVrT at:: +reds C<;In:. Cj'r.) W -e-""" e-/on-.,Lq ~ Le..,w CI-uVC (Zoo z- 2 Describe experiences, skills or knowledge which qrnilify you to serve on this board: (please attach a brief resume) Hvlti-ex.J/.;.-orn4 (7)< n'e-T7ce...6 J "n C'vro SOu~ /l--~'c4 0n~J. CI.$. Good . --n.e..,k' AriJ/Z.. - Kno w/-ed a-C c.-O/rvr-.44 <:/4 ~d /e ~ &~e-e...S' VlJc-r /<:.now/~d of ~eA/ e~ ~ '/D ~. /Ic..enr /J'? S- /~ es hereby certify iliat all the above statements are true, and I agree and understand that any misstatement of material facts ontained in this application may cause forfeiture upon my part of any appointment I may receive. t~ ~2?'/O"1::- iGN.A: DA EtVED .;rote: 1bis application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibfJtNfto ~&tiQO:bt a current application is on file, S\CITYa.ERK\BOARD\APPUCATION ~tTV ~LERK Sara Coen 1203 NE 9th Ave. Delray Beach, fL 33483 (561) 278-8013 saracoen@hotrnailcom Objectives and Strengths r am an attorney with a Master's in Trade and Banking, and European Law, currently completing an LL.M on Taxation. I iill be sitting for the Florida Bar on July <04. I am a Certified Country Court Mediator fluent in five languages. My Interests include urban zoning and planning, real estate and property law_ I have experience in mediation and arbitration, ::ommerciallaw, conflict mitigation, judicial refonn, and imrnigration_ 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 careful listener. · Comfortable worlcing with diverse multicultural perspectives, and presenting alternatives for conflict resolution. · Doctoral Degree in Common Law and Civil Code System with professional experience in the U.S., Europe, Latin America and Brazil. Education St Thomas University, Miami, Florida. Master at Law (IL.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 International Trade and Banking. Universire de Ia Sorbonne. Paris, France. Studies of Master in Commercial Law atu:i European Community. rntemational Court of Justice. The Hague, The Netherlan,ds. Private International Law (:erlification. Universidad Iberoamericana. Santo Domingoi Dominican Republic. Juris Doctor Sit_liurra~Cum Lqude. Universire Paris X Nanterre. Nanterre, France. Bachelor in Arts in Business AdministratiOfi of Tourism Enterprises. Legal Experience DlSlRICf COURT OF APPEAL.- W-est Palm Beac;h, Florida (Aug. '04). r..aw Clerk for Judge Barry Stone. nm FLORIDA BAR Cypress Creek, Florida. (6101 - 10/02). ~pw Clerk. Unlicensed Practice of Law Division. londucted legal research, wrote memoranda and affidavits. Practical litigation experience drafting subpoenas, preparing ?leadings and interrogatories, participated in depositions and interviews. INTER-AMERICAN DEVELOPMENJ: BANK. WORLD BANK GROUP. Washinm>n J)C. (6/93 - 5/96). [.egal & Summer Intern at Budget and Evaluati,on Office. Project Consultant atl~rojecf Anary'sis Department Wrote internal publications regarding ex-p<)st evaluations of judicial and social' refom( andc gen4er issue projects in Latin !\merica. Worked with judicial reform projects, alternate dispute resolution, conflict'mitit<Won and trade barriers. ORGANIZATION OF AMERICAN STATES:,Washington DC. (10/92 - 5/93). r..egal Intern. Legal Department. ',. " _ _ . . ~,~"_ . Performed research in the Library of Congress -and wrote comparative analysis fur the harmonization of regional legislation in intellectual property. _ SIrrERIE LIDOI BULGHERONL .~ Corn~, Italy. (7190 - 12192). [.egal Consultant. Silk manufacturi~ corporation. Prepared and negotiated licensing:agre:ementS; W otked with cOpyright registration. Other Professional Experience YUPI INTERNEf INC. (CulTend~:y:l1pi)fSN). Miami.Beach, Florida. (6/97 - 6/00). '::ontent Editor and Business Dev.e~oPf!t;. _ Founding team member of co~fp~.t~ by The MiCrosoft Network in 2002. Responsible for content. Drafted and rtegotiated strategic alliances. Prep~ire<rpresentation for investors. '::.'~~':3t~_...~-. ~ - CARDS FOR WOMEN. Was~~ p~;~ ~lI'fl.y ~eacb, .~~~rida. (6/95 - 12199). Pounder and Marketing Directo1(.I'$MPjJ~1~~~4.in reproduction oj artwork. ~Iaced company on the list oftov' lbo~lYs I:tiSPaDic BuSiness. Client list included Walt Disney, Coca-Cola, Exxon and .;itibank. Participated in White HouSe Pt~on fOT Hillary Clinton. - . CONSULATE OF 1lIE DOMINICAN RiiPlmLIC. Paris, France_ (1/88 - 5/90). tlssistant to the General Consul. Handled commercial receipts and visa documentation. Served as liaison and translator for investors and diplomats. DELRAY-OEACH 7/iz ~~~** mr CITY OF DELRA Y BEACH ;:;nM'ittt%uiW BOARD MEMBER APPLICATIONECE\V . 1993 j\ll '} U lnUS 2001 ease type or Print the followinl!; information: rtT"c CLER\( L Last Name: Name .... M.L 80RBIN RICK l. Home Address: City State Zip Code 719 FOXPOINTE CIRCLE DELRA Y BEACH FL 33445 J. Legal Residence: City State Zip Code 719 FOXPOINTE CIRCLE DELRA Y BEACH FL 33445 ,. Principal Business Address: City State Zip Code 501 NORTH CONGESS AVE, SUITE 434 DELRA Y BEJ\CH FL 33445 S. Home Phone: \ Business Phone: E-Mail Address: Cell Phone: fax: 561-381-1047 561-272-1027 RICK@THECORBINGROUP.COM 561-866-2321 561-272-2675 l. Are you a registered voter? YES If so, where arc you registered? DELRA Y BEACH ,. What Board(s) are you interested in serving? Please list in order of preference: PLANNING & ZONING BOARD , -. List all City Boards on which you are currently serving or have previously served: (Please include dates) !olONE ). Educational qualifications: :::HARTERED FINANCIAL CONSULTANT lO. List any related professi~nal certifications and licenses which you hold: ~ONE II. Give your present, or most cecent employer, and position; fHE CORBIN GROUP. PRESIDENT/CEO 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a I;lriefresume) : OWN AN EXECUTIVE BUSINESS COACHING ORGANIZATION WITH CLIENTS WORLDWIDE. FUNDAMENTAL TO RUNNING AN EFFECTIVE BUSINESS IS DEVELOPING AN EFFECTIVE PLAN : BELIEVE MY SKILL SET AND EXPERIENCE WILL BE AN ASSET TO THE BOARD AND I WISH TO :::ONTRIBUTE TO THE CITY IN WHICH I LIVE AND WORK. lereby certify that aU the above statements are tcue and I agree and understand that any misstatement of material facts Intained in this application may cause forfeiture upon my part of any appointment I may receive. /} ~....----... :IGNATURE ( ~1A-AU' ~ DATE I ~/S- d.5 >>te: This a~~ton will remain o~in the City Clerk's Office for a period of 2 years from the date it was submitted. It 11 be the applic nt's responsibility to ensure that a current application is on file. S\CITY\BOAllO APPLlCATION .~ wwwthecorbingfoup_com ~ thecorbingroup ..-.-.. ;. -. ~- _"~r"'\ /-0 -f~':'.vd '" i: rooking lh~ ~J( 'eodU'5 n-en ~tter. ; 'cPp9'~ Congress Commerce Center i 601 N_Congress Avenue. Suite 434 ,- -; ',' _r~, ;-r"'K '-~ f t '; ,=,L..!:.'w{i, 'i"" ~- ..j Dekay Beach, Fl 33445 ~~ _..r__ tel 561.272_1027 fax 561_272_2675 July 15. 2005 City Clerk's Department 100 NW 1 st Street Delray Beach, FL 33444 Board Member Application Dear sir/madam I Please find enclosed an application to be considered for the Board Member Position for the Planning I and Zoning Department for the City of Delray Beach. If you would like any additional information please contact me at your convenience. ... . Enc. City of Delray Beach Board Member Application. -. j ; . ~- -- .- RICK CORBIN FOUNDER AND CEO Rick Corbin's passion for coaching began almost 30 years ago. After serving honorably in the United States Marine Corps for eight years with a tour in Southeast Asia, Rick attended Northwest Missouri State University. Rick earned his certification as a Chartered Financial Consultant, launching a distinguished 23-year career as a Registered Investment Advisor in the financial services industry. Rick's success as a Financial Planner was a direct result of his ability to coach senior level executives and entrepreneurs and was a prelude to the establishment of The Corbin Group. Rick's methodology and coaching style generated bottom line results for his financial planning clients and created the opportunity for them to live the life they dreamed. His effectiveness " earned him an expansive financial client base, a distinguished I reputation, and a listing in Who's Who in Finance and Industry. In the early '90s and in response to the increasing demand for his coaching expertise, Rick transitioned from financial planning to fuJI-time coaching, launching The Corbin Group, an organization dedicated exclusively to providing executive business coaching to owners, presidents and senior level executives. Rick's former customers became clients and shared their successes and breakthroughs with their colleagues. Rick's vision of providing a unique and effective curriculum of seminars, workshops, courses and individual coaching has been realized and continues to evolve. _ J ~ 0" thecorbingroup '-'"'9........--- ReggiJ~ CO~, to 243j774 at;, 3/2!-2004 l1J:-41 ~ 0021002 tIa ... ~ . , P/qnnlYl .3 S-d -0(P . . 'III. - CITY OF ~ELRAY _EACH BOARD ftIIEMBER APPUCATION ml - 1be ~on: () 2- . .Address.; '"':t4i t 6-~-n PAcJflt- g ': ~~~N"' 4. Pdn~lBusioc$Mdtac SbiIe Zip Code 51lXl w.AnAJJftAtI.&. $"Tf5. I f <:f ~~ PL 331-/!A- - . . ikw:ne :S~Phonct s..MdA~<<'W ~ Fax: ?A-7-CfI2>t ~/e:r1.5, REbM~A:l 5731/31 t6S 8z.z-S . 6. MyoUll~~ 'If~~-)OU~ - . - _ _'lfZ~ e.~r\ ~. . ~tJoud(Il}t.u:you~h~~.rin'otdCto{~ . ._4 _ o. J 9. , -- . . \ ) CITY CLERK - ----... -...,.."........._~.....--...--...._.~........---_.- -- --_-"-"-_...............r-"--""__...._- - .-- -- ~-- ---- REGINALD A. COX 407 East Coral Trace Circle Dekay Beach FL33445 (561-266-5748) Objective: To obtain a position in a constroction or related organization focusing on architectural, construction, business or related management or instructiolL The environment should encourage professional development and offer career advancement opportunities. IDGHLIGHTS OF QUALIFICATIONS . 12 years diversified experience in Architecture, Civil Engineering. Construction Management, and SurveyinglMapping. (6 years architectural specific.) . Ability to prioritize, delegate, and motivate. . Quick learner; thrive in a dynamic, cballenging environment. . Work cooperatively with a wide range of clients. RELEV ANf EXPERIENCE & ACCOMPLISHMENTS Construction Documentation . Associate Degree Drafting and Design Technology, Palm Beach Community College, 1990 . Recognize and understand.drawingslsymbols from architectural and engineering drawings. . Oversaw, updated, and maintained civil engineering systems drawings for the City of Dekay Beach Environmental Services Department for four years. . Successfully completed architectural construction documents for educational, office, residential, comxnercial, and retrofit projects over the last nine years. . Analyzed and interpreted legal descriptions to produce digital surveys, maps, and resource planning boundaries. Conservation and Recreation Lands Program (CARL), Florida Dept. of Env. Protection . Production Team member for several commercial, office, and educational facilities in Central Rorida. , . Performed construction documentation review for compliance with municipal, state, and national I ; building codes. . Perform structural building inspections for residential and commercial facilities. . Perform shop drawing review for multiple educational, mercantile, and business facilities. AdministrationIManagement . Responsible for rraining and overseeing drafting technicians in the production of working drawings for multiple commercial projects. Sverdrup CRSS, 1998-2000 . Successfully managed various architectural projects, with budgets o~er $1,000,000 from preliminary design through construction documentation. . . Responsible for reducing construction document phase by 50% on 45,000 SF mercantile projects. . Monitored and reported cost information to area engineers and architects for cost control data and collected information for specific discipline. Bechtel, 1992 . Administered subcontract procedures, as applied to lower-tier subcontractors, Becbtell993 . Produced spreadsheets as required for submittal., inspections, and hoisting and rigging as pertaining to subcoritracts under the U.S. Department of Energy prime contract. Bechtel 1993 . Oversaw and directed FAMU-NOMA administrative functions for three years. (1993-1996) . Developed division of responsibilities and standing committees . Developed and supervised organizational budget. . Organized key personnel towards establishing a Florida chapter of the National Organization of Minority Arcbitects (NOMA). (May 1999) Computer Skills . Responsible for updating computer hardware and software, working as office liaison for computer problems. Office of Environmental Services, State of Rorida . Over eight years diversified experience using AutoCad (Release 9-14) 1 . Completed course in Advanced PC Troubleshooting. (June 1996 Essential Seminars) . Competent user of a variety of software which include MicroStation, Microsoft Word, Excel, Outlook. CoreIDraw, WordPerfect 7.0, ArcView, Novell GrOUPWISe, AS400, and Auto Arcbitect. Page two REGINALD A. COX I WORK IllSTORY Nov'OI - Project Coordinator FanningIHowey Associates, West Palm Beach Oct '00 - Nov'OI Plans Examiner II City of Dekay Beach, Dekay, R.. Aug <98- Oct '00 Project Architect Sverdrup CRSS, Orlando (Jacobs Eng. Group) Nov '97- Aug '98 Project Architect Stottler Stagg & Associates, Orlando May <97-Nov'97 Intern Architect Hunton Brady Pryor Maso Architects, P A. Orlando Sep '96-Feb '97 Architectural Drafting Goodwin-Goodwin and Associates, Tallahassee Dee '95-May '97 Engineering Technician m State of Rorida-Office of Environmental Services Aug <93-Dee '95 AutoCad Operator State of Rorida-Bureau of Survey and Mapping May '93-Aug '93 Subcontract Technical Rep. Bechtel Construction-Aiken, SC (SRS) Ian '92-Aug '92 Field Technician Bechtel Construction-Aiken. SC (SRS) Iun '86-Dec '91 Draftsperson City of Dekay Beach-Environmental Services Dept. EDUCATION Master of Business Administration, - UNIVERSITY OF PHOENIX, 2001 Bachelor of Architecture - FLORIDA A&M UNIVERSITY, 1997 Bachelor of Science, ArcbitecturalStudies - FLORIDA A&M UNIVERSITY, 1995 Associate of Science, Drafting! Design Technology - PALM BEACH COMMUNITY COllEGE, 1990 Associate of Arts, Education - PALM BEACH COMMUNITY COllEGE, 1991 REFERENCES Dr. Richard Dozier, NOMA, AlA - Professor of Architecture, Rorida A&M University \ Roy F. Knight, AlA - Past President Florida Association of the American Institute of Architects I Roland Udenze, AIA - Past President Orlando AlA Dr. Greg Brock, Environmental Administrator, Division of State Lands FDEP -\ 1 ORRAYBEACH ~-/o-o 1 ..,...... ***** /?Jt1f)~er AHmericaCity CITY OF DELRAY BEACH , III I! BOARD MEMBER APPLICATION 1993 2001 'lase riut the folio . Last Name: /'l9 e ~ Name ~ ML 0 --J O~- . Home Address: City SCite Zip Code '?ro 'L i!~ ?Z- 3JY ~- 0 Legal Residence: City SCite Zip Code - Principal Business Address: City SCite ZiJ? Code ?D~ e-,4sr ~r-~~7/~ ,.;4./e:: ~~4t-4- .4c~ .,-- .?, ~ rL_ ].J 7'i5J rL 0 Home Phone: Business Phone; E-Mail Address: Fax: r 579 I ;) Y/ ~?/3 ;::4-.-<~ Sh S-I t!E2 Sb 1c111 ?bST_ e '- O. ^-- .#e.-T _ ~e you a registered voter? 'tt!-~ If so. where are you registered? /ia~WA- o What Boacd(s) are you interested in serving? Please list in order of preference: 2-0 _v- ,{/-lcvtv' ~ -- r r.-'T.t'/ <:'. Z- '. List ill City Boards on which you are cutteody serving or have previously served: (pLease include dates) ) - . Educational qualifi<:acions: .9 O. List any related professiorud certifications an~ licenses which you hold - to Give roue present, or most recent eniploye.r. and positio~ C/,/\/ A~ b. 2. Describe experiences. skills or knowledge whiCh qwdify you to serve on this board: (please :U:t2-ch a btl<?f resume) 0 ~ o",z: r/ S€/Z.vj~S ~ 6-7 v t!...../ ilL A- tlP "J .::../ 4 urJ / -----~ .f ?</C;He d. /J- S/cJce ~ pe~ /r-e.~ -t-V LL ...oe~~ A-u:- t'1~e. - yJ c--" r/, hereby certify that all the above sutements are tme, ~d I agree and undet:stand that any missCiteme:ot of matalll facts :ont:2ined in. this application may cause forfeiture upon my part of any appointment I Iruly receive. .~-b-z-- .... b-/L:>~~oo-,- :1 TIJRE _ DATE ,((Ite: This application will remain on file in the' City Oe.rk:' s 0 nice fOJ: a period of 2 years from the date it was submitted. It will be the applicant's J:esponsib~ty to efisuie- that a current application is on file. S'Q1Y~.AIl1JIAP1'lIC'noN May-) 6-05 05:19pm From-WASHINGTON MUTUAL +5616898506 T-IHZ P_03/03 F-H09 JOE J. FARKAS 737 Northwest 37th Avenue. Delray Beach, Florida 33445 (561) 499-4578 Cell: (561) 27-1-7651 , , OBJECTIVE ~: eeking Management position with growth oriented organization where my sk.iIIs and E:xperience can be utilizE-d. SUMMARY OF QUALl FICATIONS . Professional offerin9 exceptional mana~lerial. organizational and motivational experience in finance industry . Proficient in coordination and implementatic,n of multi task responsibilities . Excellent communic3tion and public relation skills with strong emphasis on customer satisfaction . ....ossess nigh won< etnlc with I{(;:(::><:ttilily <:tIll! J-IC:I"c:ve..-ance . Experience in trainins and motivating sales and service representatives , Continuously exceed:. goals ,. Productive in effective time management to ensure schedules are met -. Effective team player and proven troublesh.)oter EXPERIENCE 1"00 - Present ','VASHINGTON MUTU.AL BANK. West Palm Beach, Florida Asst, Vice President / 1~/nancial Center Manager Hire, train and motivate staff of 1S to become effective bankers -- Attained mortgage and consumer loan gro\tdh of 125% to 175% " Develop and maintain positive business relationships and community contacts ) " Realized 100% goal Httainment for the pasl: four years 11/92 - 11/00 .\MTRUST BANK. Boc<:. Raton. Florida .~oan Officer (3/97 - 11/00) - Processed loans fror.l origination to dosing . Produced $19 million in mortgages during l)ne 12-month period - Underwrote and approved authority for equity loans up to $250_000 Branch Manager (6/9 3 - 3/97) . Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) .. Provided high customer service levels elllphasizing problem resolution and staff development Loan Officer(11/92 - 6/93) .. Solicited builders. developers and realtors to originate loans .. Generated $15 miflio n in mortgage from 12/92 to 6/93 4/85 - 10/92 CALIFORNIA FEDERAL SAVINGS & LOAN Branch Manager .. Created customer awareness by developing and implementing marketing programs and soliciting outsidEI business .. Branch consistently achieved over 100% ct prochJCuOn goal::> .:;vu'"'". ."'.' v.~l ..,-.:....'vil--.. ~~I---;-~~:.:;.:~~~; -;.V'.3...:e, -=:~'~::6_ ..- crl:"-4 __:U;__ R$u~hf!lor of Bu~iness Administration ) / Nov _ 18 2004 03: 3lFf1 PI .1 : TROJSERShCP. CUN FA-X t,n :5612785626 f 11/16.'04 TUE lO~11 fAX 561 2~J 37i4 . crTYCLERK ~ ~OOL /7// rpObS---- DEUtAY BEACH , , j!?e:ft/j .. .. 0 .. . . " !J:...~J " II t! CITY OF DELRAY BEACH - BOARD MEMBER APPLICATION 1993 2001 I j - I s~ i 3. G~r Sblte 5. \73~~ogq str~Jfg%. 6. i 7. I I I ) r ~(i~7~q~q~OCh>~~Y'~!P~ indoo.p.~). I I 9. Eduauia=.:. qu:dificaUOficJ,= ~~ ..c"J 10. wt any rdare:d prQfessioo;ll cerrifio.tions 1lJld liccnse3 which you ho!d: .t '-) tA.~r <2 _ ~lX 1 !S arc ~ sod r...grtx: and UQcl<:rstand dw: any mirstataueut of IDatetW fact:; i ~o=~mY_d~PPpoin~tI=zrp ~ldt I DATE I ot<< TltU 2f'pliarion EtlV'.fill remain on file in the City.CkL'.t~~ Office for a period of2 yeant ) submitted. Ie will be t.~c ~pticanb> respo~ibiliry to CO$UXc: -chat :L <.:.w:x~t ~p1iariOIl is on .tik. ! RECEIVED. ~~C..7lCt1 . NOV 1 8 .ZOO~ . CITY CLERK I I"'<ITV ~l co\( ---- . /l{J(~~uJflieY DElRAY BEACH t .. . II , . ... tw.IfJr.d .. n. l""'if CITY OF DELRAY BEACH er( 'lllt BOARD MEMBER APPLICATION 1993 2001 Please e or ant the followin infoaruuion: . 1. Last Name: NametftV& M.I. ~. 2 City S~t~ Z' Code 1JGU7I\ ~'t'iL{ 5 3. City State Zip Code 4. City State Zip Code ~lb11 H~(2tl1>~It}f; 136At.H F~ ?~l./5 5. Home Phone: Business Phone: Cell Phone: Fax: (,~-, "'Ol~ ~ '119"11/2 L{'fI-l'1'i' 0 q'lq-- 2 E>/lf 6. Are you a registered voter? /19 C-f!- .,. 7. What Board s) ace you interested in se . lJ. 8. List all City Boards on which you ace currendy serving or have previously selVed: (please include dates) ") 9. Educatiowd qualifications: t-- O~ Cr.::C O~ 5' 6Lf 2- " 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I hereby certify that an the above statements are true, and I agree and understand that any misstatement of material facts con in this app 0 cause forfeiture upon my part of any appointment I may receive. ,d}{'2/0IJ Note: This application will remain on file in the City Cleek's Office for a period of2 years from the date it was , submitted. It will be the applicanfs responsibility to ensure that a current application is on file. ; ~ &ffl NOV -4 2004 ,.-'TV ~l FRK :. -~o S. Classical Blvd.. Phone 561-637~ 136 ~YBEACH, FL. 33445 Fax561-637~7902 - E-mail: chuckh@dehaycol.oom CHARLES G. HALBERG ~ ~ ; 'A~-cr.editations Certified General Contractor State of Florida Aciive since 1986 . ..QJJJ~\,e TOJ)ro~de the colDlnllRib' with a resid~tiaft~9~ebwldi~{wh~se ': -, : <;om.n;lltment is ta' quality and care -- , . - , -- '~ork~~fen~nce' 1997-Present TheHoliday'Or~(')~- Westbury, NY VP .of Construction (2003- present) - ._ Pmj~t M.~3ger. (-!~97-20(2)" . _ _ . ' .'_. _ -,- ", ", _' - ,...-' -. 't:' .i--.. ,.. - - '--- - "'.~;' iL':':'::t/-~"'" c : _ .,/> '-','" Bf0j~:flWlude'C~looy at Bo~~~ ~;~~"J~~'~lJ!~~~~~~-l}tI9~~, - : ,', - - : -"', ,_, -':':CoIQpy ~:netray.]ileach- 151 siQgl~fa{tli{Y:.!J.~qJ.~~~:C~l~!iy;:C~pp:~' -' - - , , ' ' _:~.i_-'--~,<~, ,-;) : Ap~:f~ehts~,i14,:r.enW,mcbJdiligtJ.:s:a:ijiiait~~Wn~~~~~'.:~to,~y:-- ' _ _" -' ',:.-' _ -.,~ ,-' - . -, " ' Preserve:- 143 sin~e f.lmiIy hOIR~. '~J '.' -, . ,-- :', - :.' , -.' *qve~ -17 perl?on office-staff'mdu.auig'~~ ~~~~~fG~:~~r ' -, - qm\i)n;t,er,serviee _ -- ': .-_- :. -.-.-- :. - , ~Es~lish and -control-budgets ~d,paj:Qi~;t.G'~~trki,tittn;~,-~dc' - supplier..s _ _'"- . - .- *Plans and--permittjng:inclu~'sit~ P(an,jpl}f~~ ~el!d~nts, w~tef,- sewer, paving and dtairtage and' building 'permits ) * Assist in design of house plans . *V.al~e e~eeri!J.gof pl~ *Scheduling and- quality control ' - , _ .., 1993-1:997 Arvida:Hotnes B~llilton;FL _---~~ ;. -i' : ~-' "- '," -C9nst~etio.n~J:a..~g~r, ,', '~-~ -' -:' _ _'~<~,~-:_: _,_,T', -- .'- , _,' _ -', :>' .' 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(- ../,-;: ,?:~-.~,:::~~.;- :', ~,:":"~~~-t?{ ~",: ,~:-,:i~::~:-,>~~r?~;~'~;Y ;': -_('~ < ,":' ' ,- 1992-1993 QUalitY'&~~~' - ,~f-(iPJ~~c~~ -/, -- , '-,::' '--."-"- Jr.roJec-t.M-anger -'.. ">'-. --, ' .' -'- - As:-project:~er fdr the-rebUilding of Crist om wa~yifd~~ after : , _ , _ I ;, ~urricane Andc~w, my- r~pOns!~1li~e$ wer~: )._'~..-;----,:_;.~:_:_ ~Evaluaie-~~,~4_~~-~'~f~~~_C~~- - '_ - - - *.Budget and contract for alt-wooc_ - ~ :. ,. ~ ~ ~ ~ .,' ~ , , ,. Cha~es ~. Halberg Page 2- (ConL) .Coordination with builditig officials and-engineers · Scheduling and q':J3lity control of all W?rk performed .Work with homeowners and -insuomce cOmpanies to make sure ~ contractors and suppliers wer-e paid - Projects included: Intercostal-hames-in eJ(~ of-$'500;000 reno~~ol1 1990-1992 S~theast &e1jjieCtUf~ _ De~y Beach;-FL Pafhierl QIl..i....er., _ ' -'; .. - _ - - , As partner' for ihis,bi~: e~~--renovatlGn oottJ.piUiy my: -r-espoIisi6ilitieS- -Wefe':--' *Bid out and contfactdwork _ ' -- *Permit pr>OCeSsittg,tor aU;V!~rlC '~Oversee ~ field work J . -*Quality coP'{lfot .:,' '__ ~_ ~'~" , __': :~":~ _ :-, -:/ ;,. ,_. .<_:-- ~,~~:.,:::" ,- : ~ _ .< . 198&-1996 ,- - ~ )~~tf~~,W~~:' . _ '~_' .Wi~,\tl~nd?,~{tt~_.-.: '-_ ,.-: ." 'RroJ.~,M~~~g~~ -,"-" -.~: )'::-' ;~:,.' i ';--,t' 0'-_;,':' ,_ ~;; .-:" ':-::';'.:-:- :,-~'~:,-?:-::~-, -:;:- - >:- , As projeGf~g~ri-fQr~s~sfto'p'p~~-ijt~;ii~~t~pep.my~r~~~\imfl~s'-' /' :sr:raIlIt<\~;' .<'-'<-;~, .. ..... -'.' .< *FiddA~p~~ltiJiGltl?Jfu~~~~~~Jlb;~{qiI~tf;~Atr~[ . , - - --, *Buyout ten~t.-~s\~~:ana,cie'<iFd~~~b~titrii~<#s - - ' , *Process'draw requests . ," - - ) - 1976""1987 IJ~ltzin~ &:S~~~rman PI~tati(j~ FIJ', _ -R";...,..jj-"<wi:.()td~ntls, Mi- '" Uof,.-a.u..u.~JO, , Pr.oject- M.i!g~fl.:Qq~.r.i. ' _ _ _ A .. _ - AS proj~.~t.,I','~:~~.9~;yeat ol~ ~tQP 1;o~'bi!;~e,f:~Y -(~p~~iliiJj;~~- _ inclu<l~~' .--; ~ ," -: -",,'-' <---.-', --'---',: _ '~Si~~Pl~lH.P'~V~::", . '. :",' '.- - - .- _-'_' ,'_,"_ .-', , --'" ':: - :.. 1t:~;.~)~~.-.-'-;,..::.~.~,,:tL::o.,:"'Ii~_ ',' -'; --'4 ,--, -:' ,"'. ",'-' :'- __;',:,:', -",-:,;,' '. '--. J--:~,;/; _-~-~-~ _. .. .,.' . _".:F"l~~~~;Mu<;__.);.e1(.aGi' . !.. '-' ~", .... ,. "[ --, "'-..- -,,--,- '.-'-'- . ~ .. .:,:<<.' . '. . ,- ,~.';'<~L~;,~",,:~ ,"'!.; ..'/ ....')>",:"::y'; - " '*lJt.kt'---,.o~--,,,,,~~.,~~~~~~,, "'-1" . -- , .,-,-' '_~ :~~,~', -~~.,' .~~iq~~.~~~:~r~~~~~~tJ~-~;~,~ '~_ :~' <:.;. ,:','- ,:_ :'; -- ., -- , . -~-P" -- ,~:,-,., '~tci;i:~~~_~';"'lili:s:'-<:;;";x~-';if'iH~:;:-t:j<:d.:: ',-c< ",i ~ - i.A~ - "0" - . .-, - _ ;.-" -- - .. ..' , '_ ' . - '- {"QJ~....S 1I!~.y;u~~;>~~~-ro;1~lp~j:~r,~!J~~~':;~J~.~~d~W!t'IlQU~es). ,,-, - ,', d. -'-' ' , ~artm(iiitS"J:' -f''''~'-:.&lhdisaUf~(j~-m~arid''iiur~in'''.J(Jrlie:J - . ;':_~~~<' ..' .~a~~':'::"'''i'~'~2\;'):; ~;' '. . <:" '." . 'No d~ a~tiiiM- -':' , - '- r .: - I~ - - - - -. Stevensop. Hi,gh Scbool . ., , . LivQtUi; M'retiigtin: . - " , Gfadi1at~: . - -' <6-} r-~7 DElRAY BEACH Jlrks f-fJ1!' , .. 0 . . 0 jIlo tdIt&II AHdIeIIcaCity CITY OF DELRAY BEACH RECEIVED , ~ III! BOARD MEMBER APPLICATION AUG 1 8 2005 1993 CITY CLERK 2001 Please e or rint the followin information: 1. Last Name: H - ~ M.I.A. -t\--ebE S ( € 2. Home Address: ))(:t Ve: l~t+ State Zip Code_ l-/30<l L K~-&J tl 0 D L- .53 V~ 3. Legal Residence: State Zip Code ~A- {M~ 4. Principal Business A~ess: .i' ,J City State Zip Code S; l (?~~N <; 0 ~ POI1A 0 ~aCA RA (O,.J FL '53 Ltg 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 5" /. 6 3~ · 'I()~lf' j(;' /-1;L 3 ~~~1i1 !;;~ r 7d' . 909 ~ 6. Are you a registered voter? If s , where are you r~istere ? \ e-S ~C ou 7. What Board(s) are you interested in serving? Please list in order of preference: ~1J{6- +- 2.ok!ING- 8. List all City Boards on which you are currently servmg or have previously served: (please include dates) C\ ~f- Df(~- ~t> o{' FlhJ-t/ sTJ-t {;tJ ( ALTer<!JATe 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: $eMlEtJS ~~p - FLClllbA. 5:'.4i.-t?S M.AfJA(,elL. GJI1tJ1l/,N/C!\T(o.tJJ rfRclJP 12. Describe experiences, skills or knowledge which qualify you to serve on thIS board: lease attach a brief resume) J- kAf)ee~H (J s: . J"vl~A6e~ eJJT JV))6~~J ~ ~~oOb {4- fcD'PfJ: S . u1'a0 ----V 1i::W E) lMU;6Le ~cr~ LLL$ I hereby certify that all the abo statements are true, and I agree and understand that any isstatement of material facts con tamed in ap licati n ay cau e forfeiture upon my part of any appointment I may receive. 'E' fl-O~ SIG DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SICITYCLERKIBOARD\APPLlCATION Sig Hardester Summary of Qualifications August '05 Professional Experience I have been fortunate to enjoy over 20 years of successful business experience with some of the top companies in the world. The leadership training and experience thus gained have provided me with the foundation and fundamentals for a more active role in my community. A brief career summary follows: . Xerox Corporation (1978-1983) - account executive responsible for major accounts in the central Florida area. The outstanding experience gained in selling and business fundamentals provided the platform for further success throughout my professional sales career. . IBM ROLM Systems (1983-1990) - Major account sales and sales management responsible for a team of sales execs and engineers in the central Florida area. Won numerous awards for significant overachievement of assigned targets. . Siemens Corporation (1990 - present) - sales management, various key staff assignments and branch management. Was awarded National Manager of the Year in 1998 in recognition of outstanding results. Currently managing the Florida commercial sales group for Siemens Communications. Key Enabling Skills and Competencies . Strong Executive level relationship skills - as a hands on sales manager, this is a key area in which I help contribute directly to business results vs just managing and monitoring my rep's performance. . Ability to hire/train/motivate/retain top talent. . Consistent track record of success - as a team leader, I work to drive contribution on a territory by territory basis. Some sales managers look to a few star players to make the team numbers. My philosophy of success is to drive results on a territory by territory basis to the greatest extent possible. This in my experience provides a much higher probability of success quarter over quarter and year over year. My personal track record (well documented) helps to provide a proof point to this approach. . Expectation of, and management to, an ethical and professional approach to all internal and external interactions. Professional Education/Community Involvement City of Delray Beach Board of Adjustment Homeowner's Association Board of Directors Leadership Central Florida Program - 1998 Leadership Orlando Program - 1995 Angel Flight of Georgia - volunteer Siemens Leadership Development Institute - 2001 Leadership Institute Guest Instructor - 2001 Experienced Manager Leadership Training - IBM & Siemens AG - OfUtAY BEACH ROfcriy 0J I ....... - -..J -9-~6 ~ qnr CITY Of DELRAY BEACH BOARD MEMBER APPLICATION - 1993 2001 OUe-t:-- Name ~ ~J'Ylts M.Lb 2. Home Address:.::.? (03 " L~~ltJ- City~ ~ Code LP-~ ' 15 "3 1--+ 3. Legal Residence: City State Zip Code :g7~3 - S,~~W6{}O PL_ ( E-lenY FL J>34-4 4. Prirtcipal Business Address: City State Zip Code .- - 5. Home Phone: Business Phone: E-Mail Ad~s: l ~ Cell Phone: Fax: U/~~bb~2~ ~ 4c7/~ 1.3 -J1:::::>{.\-" ue S .G ~e:: H- U Ne. . fN'-t= 6. kc you 2 registered voter? ye;s, If~t. where are ou re . stered? t:::::: ~ L. €~ Qe~ ~ ; ::t: 'Whn Boud(s) are you interested in serving? Please list in order of pttference: 'l?6~r."e.ua.. l~ ~ 1>L~- CdOea-l e~~~ - a6 m '1QUf'} -~ ~ttt I -(D~tJ1 ~ r;;e.,; ~ I' 3 8. Ust all City Boards on "..hich rou I..!"~ aL'Tenrl}' ~.r..-;g or- h~v~ previously servea: (please include dates) VJ 1--1 fC.., -) ~ --- I 9. EducatiOJ12..l~alificacions: JJ2 \ !D~~~ ~ tL. €E-L&e.. C>~ . ~( ( ; . . . .2- Desaibe cxpenentt$. Wlls or JatowJedge wbi~ qu21ify you 10- serve on this board: (plc:a$e atw:b a brief resume) I bert:by c:etlifr that all the above 5tatcinents ue tIDe. and J agree.and undemand dut any misstJl~('flt of tmt:a:W. actS ap' 'a . y cause forfeiture upon my part of any appoinanent I any n:tdve. con _ 9/Sf:CJcF J)AlE' / .i Note: This a~plication. will ranain o~ fi1~ in the Ci~ .~~gejOd oE2 ~~ fr~m th~ ~tc it was 5ubnutted. It will be the appliC2tlt 5 respoOSlbili. t a current appli~uon IS on file. ~l1ON ~ MAR {} 9 1.004 __. _. __II' (-1 g-2e.eS e6:e5 PM 561 86S 2636 p_e2 ay 18, 2005 JAMES HOUCK V of Del ray Beach 3763 S. Lancewood Place Delray Beach, FL 33445 ~lray Beach, FL Phone: 561-865-2636 10: eRA Board Members Email: idhouck51@vahoo.com :: eRA Board Position ~ Board, lis information is being sent to secure a position with your Board. Attached is a copy of my cover letter and ;urne for your review. If my qualifications are what you are looking for, feel free to call or email me to set up a ~ting to discuss the position further. I a highly organized and selfmotivated professional with interrelated experience in Accounting Basics, -chitecture (5 years - Building & Space Design and Site Planning), Operating and Capital Reserve Budgeting 7 years), Computer Software (20 years - Word, Exc.el and others), Construction, Corporate Business (10 ars - Management, Marketing, Operations, Sales and Training), Property Management (17 years - Portfolio & l-Site Experience) and Real Estate (5 years - Commercial Leasing. Marketing, and Sales) the following are a 11 of the skills I can offer: ANAGEMENT . Able to effectively manage aspects of a multi-story condominium type building and its day to day \ operations. .Ie Prepare extensive management reports. . Able to quickly learn the various roles and functions of all positions within a property. . Long term knowledge of working with computer programs (Word, Excel, Quicken & others). . Understand and work with CAM charges. . Understand financial statements and general accounting principals. . Proficient in creating operating and capital reserve budgets and effecti....ely manage their expenses. . Understand the use of financing. . Able to follow proper collection procedures and other applicable charges. . Examine problems and create viable solutions. . Develop and implement short and long term management plans. . Able to orient new owners and promote positive relations. . Knowledge of available insurance coverage to protect owner assets. . Enforce collection procedures and eviction procedures. . Analyze a property's physical and fiscal concerns. . Understond and work with legal contracts. . Understand legal issues as they relate to owners and associations. . T~t economic alternatives to increase value and make recommendations. . Oversee operations and ad":1inistrative personnel as well as construction management. . Able to analyze and quickly take over a new account. . Understand and meet goals of the property. . Understand and work with staffmg and employee relations. ) Attend and able to oversee annual and regular board meetings. J ;KILLS (Continued) (page 2 01'2) ~OPERTY FACILITY MANAGEMENT - MAINTENANCE & SERVICES , . Experienced facilities management background. . Understand and manage construction projects.. . Undecstand and work with architectural drawings. . Conduct and prepare extensive property and buildjng inspection reports. . Manage risk factors effectively. . Monitor owner interior improvements. . Create proper specifications, negotiate contracts and oversee a project(s) to completion. . Identify and work out exterior and interior maintenance and construction defect issues. . Properly hire and effectively supervi~e and motivate employees and outside contractors. . Aggressively oversee proper landscape maintenance, irrigation repairs. and redesign as needed; plant replacement and redesign as needed and implement other new projects when needed. . Properly plan and implement the various types of routine and deferred maintenance projects and common area renovations. . Able to effectively coordinate or oversee the security services; parking valet services; pool services aod their equipment repairs: parking garage and valet services, tree trimming and removals; parking garage areas and their access systems; janitorial services; building engineer personnel; cooling systems; roof repairs and replacement; elevator repairs; asphalt road and parking area repairs and overlays; painting projects; concrete restoration, teonis courts; fire sprin.lcler systems and most other services and/or systems as needed. ~fNERAL I . Ability and willingness to quickly learn all the various aspects of a new property. . Strong organizational, multi-tasking, administrative and leadership skills. . Mature, responsible and business like in demeanor. . Positive proactive work ethic. . Professional in approach and appearance. ~ Work effectively to CTeate a cohesive "win-win" team environment. 'bank you in advance for taking time in your busy day to review this information. If after reviewing the enclosed 18terials you feel there is a position available for us to discuss, 1 welcome the opportUnity to meet at your earliest onvenience. ! / ..-' Houck, CAM 163 S. Lancewood Place >>cleay Beach; FL 33445 61-865-2636 lhouck51@vahoo.CQID llclosure - Resume ; ~-18-200S 06:~6 PM 561 865 2636 P_el4 .JAMES HOUCK Phone: 561-865-2636 Email. idhouck51@vahoo.com , . ) secure a position where interrelated experience in Accounting principals, Architecture (5 years - Building & >8ce Design and Site Planning). Operating and Reserve Budgeting (15 years). Computer Software (20 years- 'ord, Excel and others). ConstrucdoD. Corporate Business (10 years - Management. Marketing. Operations, des and Training), Property Management (17 years -~ Portfolio & On-Site Experience), Real Estate (5 years- )mmerdal Leasing, Marketing,-and Sales) ~ill be ofvallle_ R.OFESSIONAL HISTORY lOS-Present DEER CREEK CONDOMINIUM COUNTRY CLUB ASSOCIATION (Deerfield Beac~ FL) ProDtrtY Manllef . "On-site" managing the daily operations of a 324 unit condominium development consisting of7 buildings (with elevators and fire sprinkler systems in each), a s"...-imming pool. two tennis COutts, a clubhouse building, an on-site staff of five and a total annual budget of. '92-2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida) Property ManIU[~r . "On-site" managed the daily operations ofa 460 unit condominium development consisting of9 buildings (5 stories in each and aU with elevators and ftre sprinkler systems in each), 2 sv,.imnling pools, a clubhouse building, and an on-site staff of two (2) maintenance an.d four (4) janitorial ) personneL . Previously directed the daily operations of a portfolio of up to 16 high end communities, in the master communities of Boca West and Broken Sound, collectively consisting oflllore than 600 homes and 300 two and three story condominium unit,,_ . Consistently responsible for preparing, implementing and oversccing the annual budget expenses of over $4,000,000 collectively. . Administered corporate monthly, quarterly and annual board meetings. . Professionally managed the contracts of accountants, architects, attorneys, carpenters, electricians, engineers. general contractors. horticulturist.., insurance companies, inigation speciali~ts: land!lcapers. handyme~ roofers and other contractors, vendors and agencies. . Maintained a high standard of living and cost effective lifestyle in these upper cnd communities. . Successfully negotiated and monitored the completion of 2 developer turnover settlement agreements. 4 asphalt roadway overlay projects. 9 sealcoate projects. 8 painting projects. 4 pool resurfacing projects and 5 roof replacement projects. 89.1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida) Property MaD"tz:cr . Consistently directed the daily operations of up to 15 propelties. collectively consisting of mOTe tban 1,000 two-story and low and mid-rise type condominium buildings and also individual homes. . Responsible for preparing, implementing and overseeing the annual budget expenses of over $3.000,000 collectively_ . Sllcce9sfully negotiated and monitored the completion of three (3) develo~r turnover settlementso 2 ,; road overlay, 6 road senlcoate, 7 painting projects and 3 flat roof replacement projects. . Administered corporate monthly, quarterly and annual board meetings_ ~-la-2ees 06:@7 PM 561 80S 2636 P_05 lAMES HOUCK (Resume - Page 2 of J) ~7 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida) On Sit~ fropertv Mana2er & Leasinl[ Director . Directed all on-site property management and Leasing efforts for a 40 bay 95.000 square foot office/warehouse buiLding. . ResponsibLe for negotiating all contracts and leases. . Created md implemented annual budgets and prepared monthly financial analysis. '85 - 1987 SCHNEIDER COMMERCIAL REAL EST ATE (Los Angeles, California) Real Estate Afl.ent . Affiliate member of the "International Council of Shopping Centers" (lCse). . Working with developers, property oVvners and tenants negotiated more than $5,000,000 in retail and office leases snd land and building sales. . Created and utilized computer generated databases to work with buyers and tenants and also investment programs to analyze building and land sale opportunities. '84 - 1985 FRED SANDS REALTORS (Los Angeles, C'llitomia) Real E:.tate Afl.ent - Commercial Division . Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by comprehensive cold calling on owners, tenants and other brokers. '74 -1984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, ntinois) A high end residential. laboratory and institutional cabinet manufacturer_ \ Western Re1!:ional Sales Manaeer/Multi-Housine Division (Based in Los Angeles, CA.) . Successfully directed the development of a new region of dealerships, independent agents and corporate accounts throughout 7 key western states. Eastern Rf;1!.lonal Sale3 ManaeerlMultl-Housinsz: Division (Based in Ft. Lauderdale, FL.) . Effectively mana.ged 17 independent dealerships throughout 8 key eastem states. National Operations Mana2:erlInstitutional Dh,ision (Based in St. Charles, Illinois) . Supervised all corporate accounts and dealer services. COl1>orate Sales EneineerlDnftsman/Estimator tOFESSIONAL LICENSES & DESIGNATIONS OS-Present Florida Notary Public Commission (#D411955) OS-Present CPM Candidale (IREM ID #0159693) 04-Present Florida Mortgage Broker License (#504342) 89-Present Florida Commlmity Association Manager License (#5414) 87-Present Florida Real Estate Broker License (#5003:!3) 84-1989 Colifomia Real Estate Brokers License TV GOVERNMENT - BOARD POSITION 04-Present City of Delray Beach.> FL - Vice Chairman - Board of Construction Appeals " J ~-18-266S 66:68 PM 561 865 2636- P_66 tAMES HOUCK (Resume - Page 3 oD) 1 J [)UCATIQN '87-Present Florida Continuing Education Courses . Real Estate Broker License & Community Association Management Licenses 184 -1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California . 8 various Real Estate Clli9ses in Appraisal, Finance. Marketing and Property Management. 176 - 1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin . 6 various Business Management Classes '71-1974 lTNIVERSITY OF ARIZONA - Tucson. Arizona . Bachelor of Architecture Degree '69 - 1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale. tllinois . Associate of Architecture Degree ) . > ----------- OElRAY BEACH fIj; lOb .,....... /J/Cl/Jff-/ ***** AHmericaCity " II J! CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please rint the folio infonrultion: 1- Last Name: Kis ~l ew ~ll:, Name Ko.v~r\ M.LA. 2. Home Address: City State Zip Code 3 C# "1 ~ Lo..~tV'; f\IJ D lvJ. De\.....^- 8~~ -FL ~3C/lfS- 3. Legal Residence: City State Zip Code ~~l't\t! ~ o..l.:,"'l. , ,..l.,-.'-- _ 4. Principal Business Address: City - ,tate' ~,;~' Zip Code (,'(,3 tvw ,~~ AP300 'f~ fi,.-r 4,....leeJ.-lt FL 333<.:)1 5. -Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~J -lJ'lS-- '1" 1) 3 QSl/-1Js:. /031 \l..lscdewSJ(.; ~ 0.. ra ~'-702.-"."g I 'i5'l-3JS-Jo'fiJ C.-b.coftt 6. Are you a registered voter? Yes If so, where are you registered? 0 1 6> ~ rP-'( ~ 7. What Board(s) are you interested in serving? Please list in order of preference: p .. ~ ' ^ It- (1' L r B. list all CitY Boards on which you are currendy serving or have previously served: (please include dates) -~<;.:: \ ~ , '(?'\f1:~ . tory Co~~'Ssibn ~. Educational qualifications: . - : L 1. Give yow: present, or most recent employer, and position: l2 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) : hereby certify that all the above statements are true; and I agree and understand that any misstatement of material facts :onta1ned in this application may cause forfeiture upon my part of any appointment I may receive. , ~ 0.. ~i2tt.AA RECEIVED ~ Id 0</ tGNAlURE JAN 0 7 2005 DATE \Jote: This application will remain on file in the City Cl~rk'~ce for a period of2 years from the date it was submitted It will be the applicant's r<GP<li~~~ e that a current application is on file. S'CITYCLERK\BOARD\Al'PUCAllON Karen Kiselewski 3674 Lakeview Blvd. Delray Beach, FL 33445 I (561) 495-7403 , karenkiselewski@excite.com PROFESSIONAL BACKGROUND 3/04 - Carter & Burgess, Inc. present Planner Tasks: Planning Consultant: . Review local government comprehensive plan amendments on behalf of Florida Department of Transportation District IV. . Provide support to local governments on miscellaneous planning activities, Jncluding development of transportation demand management strategies. . Evaluating and presenting demographic conditions based on Census data and other available information. 1/02.... 3/04 City of Lauderhill Associate Planner Tasks: Long-range planning: . Development of City Comprehensive Plan Housing and l Recreation & Open Space Elements and support material. . Special projects, including generating staff reports for future land use amendments, and redevelopment area and corridor studies. . Evaluating and presenting demographic conditions based on Census data, property appraiser data, and real estate tools. Current planning: . Zoning code functions, including generating detailed staff reports, reviewing and approving occupational licenses and building pennits, conducting zoning inspections, and answering inquiries on land development regulations and processes. . Performed a historical study of land development activities for input to zoning and future land use map amendments. Recommended 32 map modifications to promote consistency. 6/99 - 5/01 Siemens Infonnation and Communication Networks Manager - Systems Engineering (Systems Analysis) Tasks: Managed team leaders designing telecommunication equipment, including setting priorities to meet schedules and financial - targets, and coordinating/overseeing tasks to fulfill implementation goals. Represented Siemens in meetings with customers and suppliers to ) better understand and meet needs. Performed systems engineering " work (see next position) as necessary. 5/89 - 5/99 Siemens Stromberg-Carlson ! Distinguished Member of Technical Staff - Systems Engineering Tasks: Coordinated feature development for telecommunication equipment based on technical industry standards and customer input Generated high-level concept documents and provided direction to others performing implementation. Required decision-making based on proposed benefits and costs, facilitating team work, providing feedback to industry standards, and presenting material (as a liaison between technical and non-technical) to marketing and customers. 6/86 - 4/89 A T& T Bell Laboratories Member of Technical Staff - Planning and Development Tasks: Performed capacity analysis, software design, and implementation of features for telecommunication equipment 8/82 - 6/86 Ohio State University Instructor and Teaching Assistant - Mathematics Department EDUCATION 12/01 Master of Urban and Regional Planning ) Florida Atlantic University 6/86 Master of Science - Computer Science 3/85 Master of Science - Mathematics Ohio State University 6/82 Bachelor of Science - Mathematics California Institute of Technology HONORS, AWARDS, MEMBERSHIPS . City of Delray 8each City Commission - 4/96 to 3/97 . City of Delray 8each Planning and Zoning Board - 9/92 to 4/96 . Member American Planning Association - 10/97 to present . American Institute of Certified Planners - 2005 (pending) . Caltech Alumni Admissions Representative - 9/92 to present " j ORRAY BEACH Jf~~{{)SY^j If " GI ... ... . ... .At4,? / I ~.tS'.o t&e.d Al-AMericaCity CITY OF DELRAY BEACH C1ry - 5 <'DOS- , , II I! , BOARD MEMBER APPLICATION II C{S'I)>~ tMLn ~~ 1993 2001 3- ~ d-~07 -- 1- /{L,6/ ;/ Name ~~ M.~ 2. Home Address:# C L-c t. ;fo~ Ci~ EL~ d&tdl ~ Zi Cod 331!y?J 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: /~39 35/'7- - fJJ(ojP'f/flJa. @au! rJ ~/~3ftz; 3 6. Are you a registered voter? -yU If so, where ~~eg~~} ~t<A)JA fX~U;o/if ;/oJ,? 7. What Board(s) are Jll interested in servi~ Pl~VI Jrder of p~en~ '&-1 -I/-Bo/f' h00 -Q ~ t':-/L ~J<//4 . 8. List all City Boards on which you are cu.rrendy serving or have previously served: (please include dates) ~ d S '\ ) 9. Educational qualifications: 0if' /k!c 'N In.B .4- t!Z)C/d'/ / 10. list any related professional certifications and licenses which you hold: 11. Give your t, or most recent employer, and position:~-e: J?A ~ 'tJA$' ~q~ .4L eW71J€-.1>/R€d?Ji<- <! L- \L ~/h'I(!/n-c- .sOD bJ~ t-I /ioN! ~ pA- 90# '3L-.jJ t/ ..f7C- /0 0 - 12. Describe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resume) )U-e- a . certify that all the above statements are tnIe, and I agree and understand that any misstatement of material facts 's application may cause forfeiture upon my part of any appointment I may receive. 0~YW DATE ~i Note: nus application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SlCITYOB!K'.BOAIlDIAPPUCATION , r I moved to Delray Beach in 2000 not sure if this was the community my husband and I wanted to commit to after living in the Northeast for most of our lives. While the transition was not easy since family still resides up North, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend of peoples of all ages, races, and economic groups. A city that has pulled itself out of doldrums and is a relatively safe and embracing community complemented by the fact that it is sitting in a beautiful environment. We found that we became more active, looking forward to enjoying the beach and parks and attending the many events held in the city. We take pride in the fact that we call Delray Beach home. I am sure many of you have seen changes in this city in the past years, but the challenges the future holds can be daunting especially in protecting the assets that make Delray Beach an All-America city. Just drive down Atlantic Avenue and not only can you see the changes in the city but you can feel the changes. While I have no experience sitting on advisory boards to a city, I feel compelled to offer what I can, to assisting the city that we now call home in some way. I am a well educated woman and spend most of my professional life advising healthcare organizations how to better their businesses, so I am confident that some of those skills and experiences can assist the challenges facing the residents of the city and those elected to manage Delray. I am. attaching a professional reswne to assist in your review of my applicati?n. Thank you for your consideration. " \ Lynn Klein 1 i 1 RECEIVED LYNN J. KLEIN MAR 2 5 2005 myoptima@aoLcom 114 E. Lee Road CITY- CLERK Home: (561) 638-3517 Oelray Beach, fL 33445 fax: (561) 638-6223 CAREER SUMMARY A healthcare, business management consultant with extensive experience in the public and private sector. Areas of expef1:;ise include: - Mergers and Acquisitions - Corporate finance - forensic Accounting - Business Integration - Financial Analysis and Modeling - Process Improvement - Due Diligence - Cash Management - Business Development Ability to improve efficiency through systems enhancement and re-design as well as through selection, installation and maintenance of operational and financial computer systems. Ability to manage multi- functional projects. Self-motivator with exceptional interpersonal and communication skills_ SELECTED ACCOMPLISHMENTS Financial and Operational Business Consulting . Created and implemented a comprehensive restructuring of all purchasing and accounts payable functions and systems for a $250M healthcare client to achieve projected savings in excess of S 1 M in first year, reduce processing backlogs from 90 days to 3-5 days, reduce payment backlog from 120 days to 30-45 days, and provide on-line reporting to branch locations. . Created financial models in EXCEL for cash basis $16M service client to convert cash financial statements to GAAP financial statements for timely reporting to publicly held parent company. . Created a customer usage model that analyzed 10 years of data for a $20M service client. . Provided all operational and financial business integration for 12 practice acquisitions for a $50M healthcare client including systems conversions. j . Assisted clients in the identification of and evaluation of potential acquisition candidates including preparation of financial and operational due diligence. . Assisted two healthcare clients in successfullPO's (in excess of $100M) by providing financial consulting including audit management, pro forma compilations and prospectus disclosure_ . Created financial projection models for a $250M healthcare client contemplating an IPO. . Prepared business plans and assisted clients in accessing investment funds. Industries include pharmaceutical, retail, healthcare and e-commerce (internet web-based business). . Installed a customer service call center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers. . Wrote polides and procedures manuals and practice orientation manuals that covered all company functions for a $50M healthcare client. . Created a medical record audit program that used a team of clinical and (inandat profess~onals to review a hospitals billing and medical record compliance to Medicare regulations. . Wrote business plan and assisted in securing the initial $2.0M investment for an e-commerce business. Provided operational and financial consulting while acting as CFO during the product development phase. Tactical Finance and Accounting . Prepared financial statements and financial packages for Board of Directors and Senior Management in a $100M healthcare company. Coordinated all finandal information to prepare for annual audits. . Performed all controllership functions including monitoring of accounts payable and payroll processing and approved all cash disbursements and bonus calculations. Reconciled accounts I receivable and monitored reserve provisions. Coordinated and r~onciled physical inventories. Oversaw operations of accounts payable, accounts receivable, purchasing, payroll and general accounting areas. Lynn J. Klein Page 2 . Instituted standardized controls in accounting throughout a S50M region by writing and implementing policies and procedures to comply with the provisions of the Corporate Audit . Committee. Standardized accounting forms and coding to facilitate month-end closings and developed account analysis books to provide details of monthly balance sheet activity. . Consolidated two $25M regions within 90 days without interruption to financial reporting, cash disbursement and payroll. Consolidated multi-state banking arrangements into several major geographic bank hubs increasing cash investments in REPOS, reducing bank fees and establishing strong bank relationships increasing service to field operations. . Monitored multi-branch operating expenses and recommended reduction and cost savings measures to senior management to obtain acceptable branch profit margins. Monitored aged AIR and DSO changes and provided senior management with monthly reports to assess early warnings of potential bad debt exposure. Mana~ement Information Systems . . Selected hardware, customized software by designing input screens and reports, and implemented an audit trail to convert an outsourced accounting process to and in-house system which resulted in a departmental savings and more timely and accurately reporting. . Utilized database management and mining programs to identify and monitor key business drivers and created daily real-time reporting to operators, which assisted in day-to-day decision-making. . Upgraded the accounting system to resolve an accounts payable backlog that reduced aging of open invoices from 75 to 30 days. . Converted regional office from a single-user system to a Novell network to facilitate accounting processes, provided more timely information to field management and accommodate business growth. Implemented an integrated payroll system utilizing ADP products to create labor analysis reports for field operators, which provided employees with real time compensation and benefit \ information. ) . Selected to chair the finance team of the MIS Strategic Planning Committee of a publicly traded healthcare company. Established definitions and requirements for a multi-million dollar systems conversion. PROFESSIONAL HISTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL 1994 . Present NOVACARE ORTHOTICS ft PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994 Controller Responsible for aU financial reporting in a $110 M division of this publicly traded healthcare company -~with 55lJranch locations. Supervised a staff of eleven. GOLODETZ TRADING CORP., New York, NY 1986 - 1989 finandal Reporting Manager Responsible for all financial reporting and cash management for a $300M privately held international commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen. EARL Y EXPERIENCE "Big 8"audit division and private accounting experience in real estate and brokerage/commodities. EDUCA TlON AND PROFESSIONAL ORGANIZATIONS Penn State University - MBA (1999) - Finance ) St_ John's University B.S. Accounting (1980) HFMA Member - Healthcare Financial Management Association, Rorida Chapter Volunteer - Membership Committee, Professional Development Committee 08/04/05 THU 10:07 FAX 5612433774 CITY CLERK ,'1> I '-1}Ol ~002 , ~ DIlAAY BEACH .. Co .. c . . .... " ~ Ali'mericaCit)' 'HII! CITY OF DELRAY BEACH BOARD MEMBER APPLICATION RECEIVED 1993 " -2001 AUG - 4 2005 ' - - info.r:IW.tion: I. N?(Uc lfl\" RK ~ tl'\1\~ ~ 2- City ~ Zi~e 3. City Zip Coae AS A 33483 4- ~t~~~..;.:incr ~1;tL Pt1r Zit> Code ~ FL 33483. " 1 b ". ~+\Q Y\ tC A've. ~ 5. Home Phone: "Business Phone: E-M1U1 Address: Far. tlo(}33o- ~\ 5t-\) ~"7b-74~ ""~,",,,\\e.O\ ~ '7td. -<\7 ;liB - 6.'101 6. Axe you a xegistered voter? (.~ If so. wheJ:e are you registered? p ~t:Ac,-H . , ALlY' CO. 7. Wlw: Bo:u:d(s) ue you int~ted in setting? PI.eIsc:: list in otde:c o~ prctcte.l1ce: PL~1vM'M:r t\ tOUt tJ,.:r P~Tl.\C \ \oJ ~ mA~ i3()A~ 'C 8. List ill City Bo~ds on which you ue cuttcndy serving or bve previously swrOO: (please include~) ~at(c.~~) ~~, ((.V\"~.) p~ .:r 9. Educa.tio~ qw.ijfic#ioos: ~ - . f"LOP.\OPr BA 11. Give youe pt:CSent; or 1I10st: recent employer. and p?Sitio~ L\ S\\~~ t\. $.'t.~LL. pA- ) p~ ~ "12. Dl:$c.cibc aperlenccs, skills or lmowkdge which qwIifyyou- to serve 0.11 this bOlm . (please 2.tb.ch 2. brief res~c) _ ~~~ ~ .JIV\ . . 1hcttblcec that all the sb.tetneo.ts ue tmc, 2.I1d I ~ee 20d unden:t::m $11Y misstatetnent of lWL~ f.tos con.bJned in. this applicatioo'may cause foxfeitw:e upon my Par.t of any appoio.tmco.t I may Le.cc.i:o"e. ~~dt~-, ~\-\\ O~ SI~A~ ' DAm' \ ' Note: 'Ibis application will rem2in on file in the: City aedes Office fot: a period of2 years from the date it 'W2S submiffc:d. Ie will be the 2Fpliames rcspoosib~ty to cnsuie- that 2., am:eat ~p1kaci.on is on file. - ~N .. 08/04/05 TIm 10: 07 FAX 5612433774 CITY CLERK ~ 004 4 I ..:("" ... .; .' :.. MARK L. KlU\LL LISTICK & KRALL, P.A. ~- 616 E. Atlantic Avenue Delray Beach, FL. 33483 (S~$ 276-7424 EDUCATION: LLM-TAXATION 1982, University of - Miami, Coral Gabies, Florida - Top 12% JURIS DOCTOR 1981, Nova Law Center, Ft. Lauderdale, Florida - To~ 25% BBA-ACCOUNTING 1978, University of MiamiI' Coral Gables, Florida - Top 10% HONORS: ~eta Gamma Sigma - National Honorary Business Fraternity Beta Alpha Psi - National Honorary Accounting Fraternity Alpha Lamda Delta - National Freshman Honor Society PROFESSIONAL EXPERIENCE: 5/87-preseJ,lt - LISTICI< & KRALL, P.A., Delr?-y Beach, Florida Practice of law in the areas of Residential and commercial ?~ R~l Estate, including Zoning and Mortgage Finance, Estate '-..- P~anning, Wills and Trusts I' Probate, . Federal , state and International Taxation, Condominium Law and Corporate Law. 10/84-5/87 RHOADS & SINON, Boca Raton, Florida P.ract.ice or law in the areas or Residential and Comme~cial R~al Estate, Estate Planning, wills 'and Trusts, Probate, F.ederal, State and International Taxa1:iqn", Condolllinium Law and ," Corporate Law. . 9/82-10/84 ~~-;rCE WATERHOUSEI' Miami, Florida .... ..' :2-:; . senior tax accountant and consultant in .all areas of Federal, state and ~nternational Taxation, including praotice before the Internal Revenue Service at the District Level. COMMUNITY INVQLVEMENT: Chairman, Planning alld Zoning Board, city of Delray Beach, 1990-1993; Member I Board of Adjustment, City of Delray Beach, 1988-1990; Board of Directors, Delray Beach Chamber of Commerce, 1991-1993. MEMn~RSHIPS: Pal~ Beach County Bar Association, Florida Bar Association. ,-- ~ .", . ) ~J ~ -~- :~.. DELRAY BEACH fd u(lt?--k;e ., ~ 0 . . 0 '" tae.d 61 IJ /tJ1 AI a IelicaCity CITY OF DELRAY BEACH 'l III! BOARD MEMBER APPLICATION RECEIVED 1993 JUN lO 2fi05 2001 infonnation: K L ~re() 2- Ci~ Bch State c PL 3. City State Zip Code 4~ci.pal Business Address: _ \ City State Zip Code 'P-() Crc:cK.. e:lcmcrrfury Schoo Dekay ~ch. F1-- 33~5 4-2.4 sal::al La-k:cs R..d . 5. Home Phone: Business Phone: E-Mail *ddcess: Cell Phone: Fax: Sfo 1- 2...1 Y. - ~7 L I lor-en ev~ns:one! l.a1-2J _5-Q?;;tQ hotm t I . CDM ~ 6. Are you a registered voter? If so, where are you r . tered? S ~/ro ard(s) are you interested in ~ Please list in oroer of preference: - I on ) rt Note: nus application will remain on file in the City Clerk's Office for a period of 2 years from the date it was ) submitted It will be the applicant's responsibility to ensure that a current application is on file. S\CIIYClBlKlIlOAllD'IAPPLICA"I1ON Loren Levinson 180 Northeast Fourth Avenue #208 Delray Beach, FL 33483 lorenlevioson~hotmail.com EDUCATION Masters in Elementary Education grades 1-6 Graduated May 2004 Overall Grade Point Average: 3.8 Bachelor of Science in Business Administration with Specialization in Marketing Graduated May 2001 University of Florida- Gainesville, Florida Overall Grade Point Average: 3.18 Junior/Senior year GPA: 3.6 TEACHING CERTIFICATES Florida Teaching Certificate in Elementary Education (grades k-6) District of Columbia Teaching Certificate in Elementary Education (grades 1-6) TEACHING EXPERIENCE The School District of Palm Beach County, Teacher August 2004 -Present Currently working as a fourth grade teacher at Banyan Creek Elementary School Responsible for the math, science, and social studies curriculum. Plan and implement lesson plans that are aligned with bOth state and national standards, issue report card grades and hold parent conferences. Attend faculty meetings and workshops that help me to learn and apply new teaching strategies. The School District of Palm Beach County, Substitute Teacher November 2001-2002 Title I Substitute Teacher October 2002-November 2002 , Worked at Banyan Creek: Elementary School with first through fifth grade students that were having difficulty i with reading or math skills. Planned and implemented lesson plans. Designed and used reading and math centers. .' st" Grade Reading Substitute Teacher February 2oo2-May 2002 Worked at Banyan Creek Elementary School and was responsible for all the reading classes as well as a homeroom class. Planned and implemented different reading lessons for the different levels. Issued report card grades and held parent conferences. Attended faculty meetings and workshops. OTHER EXPERIENCE Business Partners Committee for Banyan Creek Elementary School August 2003- Present Responsible for seeking support from local businesses. Create and distribute information about our adopt a class Program. Act as a liaison between Banyan Creek faculty and the business community. Campaign Manager, .Jon LeviosQn Campaign for City Commissioner, January 20OJ-March 2003 Managed day to day activities of the campaign. Created collateral materials, budgets and timelines. Identified strategies and implemented action plans. Presented speeches to local organizations and interacted with a diverse vote(' population in DeJray Beach. Teaching Assistant, Drug and Alcohol Abuse Course, August 2000-April200 1 Assisted the Professor in lecture planninr; Created and executed independent lectures. Lead and evaluated discussion groups and graded student assignments. Director of Solicitations for Zeta Tau Alpha Sorority Unedance Fundraiser, June 2ooo-Qctober 2000 Designed and implemented a highly effective fundraising campaign for the Susan G. Komen Breast Cancer Foundation. Directed a team. of individuals who sold program advertisements to local and regional businesses resulting in a successful $10,000 fundraiser. I / p~,: B!'A.,Ct! L (' o( 7( M ***** 4r~b7 rrlloca,; CITY OF DELRAY BEACH 7D ~ @ BOARD MEMBER APPLICATI~CE\\f i993 UG ? 1 tOOl,) 2001 ~ ~~~ information: C rt'{ C \.. 1. Name t--J \0 M- f>1 2. Home Address: City State Zip Code . ~ FL 3.$L/~ 3. Legal Residence: City State Zip Code iA'L€- D.1L ~tlr FL 33Lj 4. Principal Business Address: City State Zip Code ~ e-~. ~ ff- ?:.~L[3} 5. Home Phone: Business Phone: E-M.ail Address: Cell Phone: Fax: 1JfV) u> If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order o~ preference: - r have previously served (please include da 3- 9. F/tA/. ~~ -c..A cM\ ~lJl~ 11. Give yow: present, or most recent employe~ and position: .12. Desccibe experiences, skills or knowledge which qualify you to serve on this board (please attach a brief resume) ~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts conOoined ih this . cion ns atme upon my pm of ""y .ppoihtment r =y ;7~s-- . DAlE Note: This application will rerruUo. on file in the City Cle.rk's Office for a period of 2 years from the wte it was submitted It will be the applicant's responsibility to ensure that a current application is on file.. SlCfTYa..I!RnBOARD\APPLlCA1l0N Nicholas M. Loeb nmloeb@aol.com 2255 Glades Road- Boca Raton, Florida 33431 suite #223A. (310) 384-6425 PROFESSIONAL EXPERIENCES Boca Raton, Florida 2002 - Present Nicholas Loeb International President and Chief Executive Officer Los Angeles, California . Founded a real estate company to purchase and remodel properties. Have already remodeled and sold five homes. 1997 - 2002 International Production Company Los Angel~ California President and Chief Executive Officer . Incorporated and managed a company in the film, television, and media industry. Developed and produced major motion pictures. . Secured financing of $5ooK, developed, produced., cast, organized, managed and sold the award-winning feature film, The Smokers, to MGM, which has grossed over $5 million to date. Quincy Jones served as Executive Producer, and Dominique Swain (Lolita), and Thora Birch (American Beauty) starred in the film. . Produced., organized, managed, secured financing and setup several episodes of an award-winning documentary, The Living Century, with the Independent Documentary Association. Barbara Streisand served as Executive Producer, and PBS bas aired the show. . Assisted in casting, scouted locations, and raised funding for the independent feature film, Absinthe. Summer 1997 Primary Colors Los Angeles, California Production Assistant . Secured movie set, and provided and organized extra actors for the feature film starring 10hn Travolta and Emma Thompson directed by Mike Nichols. Developed necessary materials and contracts for actors and film management. , Summer 1996 Universal Studios Universal City, California " Corporate Development, Motion Picture Finance (Internship) . Set up databases to produce infonnation as requested on genres by categories for gross sales. Assisted the motion picture group with analyzing financial data. Scouted and researched actors for future Universal projects. EDUCATIONAL ACTIVITIES 1994-1998 Tulane University New Orleans, Louisiana A.B. Freeman School of Business Bachelor of Science in Management; Concentration in Finance . On-Campus Orientation Coordinator . Division 1 Track; Javelin OUTSIDE ACTMTlES AND INTERESTS . Council of Trustees for the Republican Party of Palm Beach County . Member of the Boca Raton and Delray Beach Chambers of Commerce . President of the Republican Club of Delray and Highland Beaches . Centre Kids Committee for Center for the Arts at Mimer Park . MSBL/MABL Baseball Player; South Florida League . Deputy Sheriff: Los Angeles County Sheriff Department . Board Member, Los Angeles Sheriff's Star Organization (LASSO) . Vice Chainnan, Sonoma Loeb Wmes . Member, Host Committee to "Starbright Foundation" . Member of the "Nicholas Committee" to support the New Yorkers for Children (NYFC) . Member of the Escada Heart Committee . Volunteer Wrestling Coach, Santa Monica High School . Member, Screen Actors Guild -- J V"I_...."~ .L.&._""-' .Z1-.... VV......_.""I:I.....'"'1I:.J iI.~1..J..L...'-.......&-.....I...... 't!:j....'..'_..v'\.,.'" DB.JtAY BEA.CH - . , G - . . . ~/ <;, tyL/(ff:.. ",y"'** ~~~ "III; CITY OF DELRAY BEACH 15/07 ~ BOARD MEMBER APPLICATIONREC':' @ _.,EI\fED 1993 2001 . MAY 0 5 2005 lease type or pnnt dle followmg: infor:m.atton: Last Name: Name -aIT'1 1(f;lERK Lynch Connor C _ ._ Home Address: City Su(e Zip Code. 315 N. Palmway Lake Worth FL 33460 . Legal Residence: City Sta(e Zip Code Same as above . Pcincip-al Business Address: City State Zip Code 820 N. Federal Hwy. Delray Beach FL 33483 . Home Phone: Business Phone:: E-Mail Address: Cdl Phone:: Fax: . CIY:IJ-G.h@ I, _ _ _ 61-988-9597 561-276-5221 Plast-rirfejp ....om 56;}, 346 5058 561-276-5244 '. Ar.e you ~ registered voter? If so, where aIe you registered? . . 'iIes Lake Worth FT. '. Wlnt Bo-ard(s) are you ioceJ:estcd in serving? Ple3Se list in order of preference: -:;---- SPRAB & Planning & zoning t List 2.ll City Bouds on which you are currcndy secviog or have previously served: (please include dates) \ No City Boards, but I did do Leadershin Pelrav and t-hp ".0.' ...."'u ~ " Youth Council President ~ack in High School I. Educatioo.al qualifiC!.oons: Bachelors Degree in Business Administration 'from the University of F10rida lO_ List any rehted professional certifications and licenses which you hold: 2-20 Insurance License Lt. GivelOUI pr~ent, or most recent employer, and position: . . P astr~dge Itlsurance Agency - Development, Sales, & Part Owner L2 Describe experieaa::s, skills or knowledge which qualify you to serve on chis board.: (please alu.ch 2. b.cid reSume) I have been involved in several commercial new construction and and remodeliqg projects.. I followed these projects from the dr.awing board through completion. I am also remodeling my home in Lake w~~th. I hcceby certify that all the above st:J.[ements ~e trUe, ~d I agrcc and understand that any missmtement of mate:Ittlracfs contained in this a.pplicaQon may C!.us<7 forfei.rore upon my part 0 f any appomnnent I nuy re<::eWc. - - -.- ?- C~ 5/2/05 <:;I9NA nJRE DAlE Note: This applicatioQ will renu.io. 011 file in the City Clerk's Office for a period of 2 YeaJ:1i from the dateir~ submitted.. It will be the 2Fplicant's responsibility to ensure tlut;8. current application is on file. _: S'QtYCI..I!IlJ::\BO~UCAnON ........."" -..,......... .......-....... ...-- ........--...... ~...~ ... -....... ..........--- ...-- "'C..:it ....... OJ'. ..... ....-_ 315 N Palmway (561) 276-5221 lake Worth. FL 33460 clynch@pJastridge.com Connor Lynch Objective To better myself by helping others Experience 2003- Present Plastridge Insurance Agency Delray Beach.FL New Business Producer! Part Owner · Oversee new construction, remodeling, and design · New Business Sales · Marketing · Customer Service! Customer Relations 1998-2002 Bethesda Memorial Hospital Boynton Beach, FL Senior Outpatient Coordinator · Assisted patients in registering for testing · Reviewed test procedures with patients · Verified insurance acceptability with procedures 1975-1980 Bethesda Memorial Hospital Boynton Beach, FL CTfMRI Tech Aide · Assisted tech in administering testing · Assisted patient in registration and transport Education 2003 University of Florida Gainesville, FL · B.A.. Business Administration Interests Commercial/ Residential Design, Dealing with People, Tennis, and Volunteering - 08/03/05 WED 14:33 FAX 56124J3174 CITY CLERK OIlJAV BEACH ga/-LrflJOO2 .. ... ... ~ . - "' b:D.d d-Arncric:3City CITY OF DELRAY BEACH RECE 'JED 1'111: BOARD MEMBER APPLICATION AUf; - ~ 2005 - 1993 ERK 2001 01 . .- ~- Sutc Sb-U FL Cell Phon~ /n.z /7?5 't: C -}y2--I/ ~ {) in 'i-n T ki Lise:all City B02.Cds on which you:n:c =eudy ser<riag 01: b'3.V"e pceviously served: (PlC1SC include d~te5) .~hoc . 10_ List 2.D.1 I:ektcd pro[essi~ etttifi.cationKl,lliceoses "Which you hoLd: k- CZ - 1-0 -c... )/v> j-;;X Note: 'Ibis 2pplicstioo will Lcnuin on file in thc-Citf Cledc."s Office fOl: 2- pcciod of2 ye:u:s trelD the <<hoc it W~ submittr.d... Il will. be th~ 2flplic:w.t' 5 cespoosibwty ro easuie th;..{ 2- C1llXcOt applic:u:ion is 00 file. - ~~UOrl ~ - _I -.-.--.- -- . - Q-.. qu~ 04 OS 03:30p p_2 RESUME FOR PEARL "BUNNY'') MARKFIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REALTOR:COLDWELL BANKER REAL ESTATE (22 YEARS) PRESIDENT MERRlIT PARK HOME OWNER'S ASSOC 6 YRS BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRA Y AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SWINW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HA VE LIVED IN DELRA Y BEACH 8 YEARS AND HA VE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. --- ~ug 04 05 03:30p p.3 DELRA Y IS DEVELOPING AS A WIDESPREAD EXAlvtPLE OF HEAL THY URBAN GROWTH AND I AM HAPPY TO BE HERE TO ENJOY IT! ~81 67 OElRAY BEACH PEkf;\~!:(8 . t. 0 .. . . A ***** All-AlaericaCity '"l V ~t:.L 'lUJ! CITY OF DELRAY BEACH FES 0 8 Z005 BOARD MEMBER APPLICATIO~rrl GLERK 1993 2001 infottrultion: MI_ Home Address: LANE State f~ CY5- l Cc ~L Legal Residence: State Zip Code City State Zip Code E-Mail Address: Cell Phone: Fax: P- 'wlr.){; -f Are you a .r:egist . . Give your present, or most recent c:mployer, and position: Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) - - e.reby certify that all the above statements ace true, and I agree and undec;tand that any misstatement -of trulterial facts ~~ ,,"we forfciJure upoo my part of aoy "Ppoiotmeo~?e .NAWRE oiL . .te: This application will remain on file in the City Clerk's Office for a period of 2 years from ilie date it was submitted. It will be the applicant's responsibility to ensure tlut a current application is on file. S\ClTYaJlltK\BOARD\APt'UCATION I\(AA ["I : FA:< NO. : 2784664 JuL 08 2004 08:(BHr-l P2 07/QjfO-l WED 08:31 FAX 561 2~3 J7i4 CITY CLERK WOO:! OElRAV8EAffi 1//-lJU .. '" II> . " ., .. W I ~ ~-f\, -e €I CITY OF DELRA Y BEACH V.e '1 '1e- {:;, y..CitfA- BOARD MEMBER APPLICATION 1993 2001 infonnaO.oo: _Name: /C At.'/-I M):--- 2- H01I:c Addttss: $b.l:e Zip Code 7- { d7.J :J'U # { f7 L::-ft- \ <(vc:- -6e7k(f-- A- ) 1 'f'fr 3_ Legal Residc:nce: _ City Slllte Zip Code .> /I-!-f ~ 4. Princip1ll Dosin~ Addx~~: City Stttc Zip Co<lc I Il~ -r; tZ C"'~ . . I I 5.- HOUl.e Phone: B1Jsiness Phone: E-Mail Addtess: Ce:ll Phone: Par. I <;Z (- ).. ~ J--( L-l /f,;L."f?f~~l,..Ca'" ~f-~t'-.r- 1'2.76 -"J-'/t;-"4f6"Y" f ----- I_ I I 6. ke you A J:egi.staed votCJ:? y X If $0, -where are you l-eg1stcr:ed? D <::?2..d.4--7 ;f&-~~ I 7. What Board(s) a.re you j'-lf~'e8t>ed in ,~Pl<:aS<: list: in. ~der of p:.;c~e: I 2-ovIY(i.- ~C71I-'-"f n-~y . ! I !6.. Lise all Cic:y 13Ol1rd. QP. ~d110\J i.!:e cuu<:ntly 1i~r<i..~ Ot have preciously ~ (please iudu.u, <h~) I ~ ) 1 9. Educaciotul qulllifiauioo.s: - c.. C-f/ - t9 t-L.- ~-fu 7f/ ~ fr IC- e .,. "-",-z S- <:r-f 10. list any rd~tcd !,xofeuional certifications and lic.cnus "Which you hold; c...v n.. -- A c.~-r, ":.Jl5F va a-z- $' "aP,,-=-r. c.rr RI4 lS ~, L.J-Ci"7"t- f4/l.. Y<-- Co4$ T 6-v~1 vr/4 fiI~ t:.-1' d tt=7tCJf- Pbl/~ S~c-,4Y~1-> 11. Give YOUJ:: present;. or mo~c recent em.ploya:. ~d position:: , r 1"".... - f 9'7'").. - ~'r4-P? :#d~~ft/:l.~~- ,--rrt=- ~4~"l-/;<--.~ . --r / k c..:- h IJ.6:.4... ~;' po ~ - /r/J- ~ { 12. Dciaibe e:q>eri.:n~. ,kIlls OJ: kt)o~ which ctlUlifY you (0 &et7e: on ~ ~d: (Fle9~ acu.ch a brief resume) c.."It41:~ 7' '-T - P?~ -'7Q/f _ "rp~ a. p j)"rr:. ~ - ~.H &-k /.!; ~ S',4/C- .t- j7<Hv<r"'"-7Z- S~V.4r~:::' P4-.t-r ])/'"/l6C-ro/L }) aA-.47 P Lt'yHc/.4<; -). Y.~t'Z.{" 1 I hacby ccttify dar il;U the abQ'VC: StatlaDOlts au: true. 1Ild I ~ and 'Wldc:cs~d that 20Y mislitacem.ent Qf 'ffiA-~ f"da couuined in this applkation ma.y caUQC fotfcirorc UpOfl my pnt of ~y ~poiot:Jl.c;ut; I may IeC~ - 4--~ . 7~7/oY I. SIGNATURE DATE i Note; -lhi6 ~plicadQIl ....,;11.temAin on nk: in the Ctty Qeck's Office fOT- a- paiod of 2 y~ from the date ir wu ~ubmitted. It- will be me applicanc':'; respofiSlbili{f to ensure th:n i. CUlXent 8?pliOltioo is on Uk. ~1'L:<:A.nOj>l J RECEIVED JUl -0 7 2004 CITY CLERK , O~Ya~CH ()tlotlof EtfIl! 0 :,__ .c. 0'.. . .. . ,..*'*'*"* _Am8ricaCi'J CITY OF DELRAY BEACH ;2JNS' 'It11! BOARD MEMBER APPLICATION 1993 117 2001 k:2se (;: or ont the follo infonnation: Ust Name: AJ e LV ell Name {Jr ML Cc:... Home Address: ;{} f ;J.. ,.)1 City State 0Pcode ;;ZgQ AOe. .{}e!,tU/. ~e~h r/ 33Y'Y Legal Residence: Ciry Scue Zip Code S 6. >vl <2.- Principal Business Addr~s: City State Zip Code ,So. l/J ~ Home Phone: Business Phone: E-Mail Address: Cell Phone; Fax; ~( J 73-1otF bl'1€uJ ef/11E hof.N1a:l /ill jglf]- 33 II Are you a regisrered voter? eJ If so. where are you registered? ~A What Board(s) ace rou interested in serving? Please list in oeder of preference: %-Pr~; /1 t:(4j 2on/'/la ~WZ/j Ale; 4 ~dr((lfjj l'Jill;~~r Cc'</Jc/ I :; ,Ok /~!;:v, /-PV1'e- ~~~""O- ty.~~~_?~~chy m:e- curre~~y serving 0 ve pr~nously served: le:a~~ in"d?d~ _~tes) ---- - " - \ EduOltional qualifications: A.A. It<. I. list any related. professional certifications and licenses which you hold: . Give your presenc, or most recent employer,. and position: .tf.. /. ;eea.lr< _ G- .J fre//- Kea/t<il' ~ Desa:t.be experiences. skills or knowledge 'which qualify you to sttVe on this bo2-rd: (please allilch a brief resume) IttWy certify that ill the above statements are IDle. and I agree and understand that ..my nUsst\tcmenc of matcrUl faces G~ :Z:;Jyc>u>e fo'fci;;~~I~;y>ppomon~ i;;:;.i= ;NA . DATE . J AN 0 5 2005 ote: This application will remain ?o file in ch~ Ciry ~l~~fficc for a period of 2 years from me date it was submitted. Ie uoill be the applicant"s .epl'?tii{ft~ . ure dut a current application is on file. sarr~~.I\l'tuc.'\notl Bryc:e Newell Home (561) 218-3068 ! - 210 NE 2.... Ave. Cell (56l) &43-3311 Delrav Beach. FL 33444 :&-mail bnewell l@hotmaiLcam PROFILE Marlceting and sales executive with 6 years of high level outside sales experience, with 3 proven track reoord in developing new business &nd driving revenue in leading edge technologies. Strong analytical. c;:reative, and rommunicarion skills developed through assigomCOlS in strategic pJannine marketing communicarions., product launches, and training. Excellent leadership abilities demonsnaIed by delivering results through highly morivared and ipusginative teams. Professional Erpe,;enu FDN Communic:atiolU; West Palm B~h.,. fL 4/Q4-Present Senior Account Executive I Provjde daxa producu and services to business dJroughour Florida. and G~gjlL Primary focus on international multiple location corporations relying on high use data transport. In the top running for rookie of the 2114 half of the year award. McLeodUSA; 0aJd:>r00k, II. 3/03--2104 Smior Account Executive Mid-Macket telecommunications sales position in greater Chicago land area.. My responsibiliry is to acquire new Business only. Services consist ot PRl's. n's. VPN's, Frame Relay and Wireless. Typica1lIlQnth includes ruoning approximately 15 new appointmentS, resulting in 4 to 6 orders I30ging from $500 to ~JOOO_ ) QearOne Communiu.tions; Westmont,. [L Senior ACCQlDlt Man~er 7l02-12/02 Videoconfereocing Specialist position. brought on to esrablish market share in Chicago_ Company provides end~nd solutions for video, audio and web confeTencing SCMce5_ Primary customer focus is Fomine 1000 3J)aHighec Education market. Tandberg. LLC; Chicago. II. 810 I ~f02 Rcmooal M~ .. Respons.ible for selling TANDBERG Videoconferencing equipment to Education and Medical Agencies.. PartDered with consultants and system integntors to provide the cus.tomer with a complete solution. Current tttriloly consistS of Illinois, Indiana and Wisconsin.. IaView; Chicago, IL Bus~ Pevelopment Manag~ lOf91~7/01 Woded with equipment dealers. system integrtltOlS and teleoommunicaIion companies to develop new aa;ounfS. Inacased company revenue by 20% by creating a pa1tI1en.hip pcogram. Developed wodclng relationships with system intograrors. equipment manufactUreS and telecommunication companies.. Consulted with IT and Telecom Directors on Videoconferencing services. CSC Office Automation; Rolling Meadows. II.. - Malar Account Man8S!er 2/96-9/97 'EDUCATION 1991-1993 A_A., Business Management,. College ofDupage. Glen Ell~ II. \ 1993-1995 BS, Business Administration. Loyola University" Chicago. IL ! a!f/a/111 li#1--ff. ad 1/1:>0 .ORRAY BfACH f 4. 0 . 41 . '" be:d 1~ Z-LJ 7 AHanedcaCity CITY OF DELRAY BEACH , , II J! BOARD MEMBER APPLICATION 1993 2001 information: 1. Name Jeremy M_ 1. S Office 2. Home Addr~s: City State Z~ Code 2837 Cormorant Road Delray Beach FL 444 3. Legal Residence: 2837 Cormorant Road City State Zi~ Code Delray Beach FL 3:3444 - 4. Principal Business Address: City State Zip Code 777 E. Atlantic Ave. Suite 400 Delray Beach FL 33483 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 561. 330.2713 561.276.1641 jofficeI3@aol.com 561.670.7130 561.330.2317 6. Ate you a registered voter? If so, where are you registered? Yes Delra Beach 7. What Board(s) are you interested in serving? Please list in order of preference: Planning & Zoning 8. List aU City Boards on which you are currendy serving or have previously served: (please include dates) i Neighborhood Advisory Council (10/2004-Pres), Vice-Chair / 9. Educational qualifications: M.B.A. - University of Florida. B.S. 10. list any related professional certifications and licenses which you hold: Certified Financial Mgr. (c Chartered Retirement Planning Counselor (CRPC), Series 7,66,31. Health Life Variab e Annuity License. Previous holder of Real Est~te Sales License (currently re-app1ying) 11. Gi"9'"e your present, or most recent employer. and position: Merrill L nch Wealth Mana ement Advisor' De1ra Beach 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) , Have arran ed and facilitated the financial lannin for all cit em 10 ees on a rati basis; have gone through and completed the Delray Beach Resident's Academy; strong , back round in 1annin and Real Estate. ositive contributin member of other boards ". i (see attached resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contain in this application may cause forfeiture upon my part of any appointment I may receive. July 7, 2005 DATE RECE.\VEO . application will remain on file in the City Clerk's Office for a period of2 years fro~t dt\t1\i submitted. It will be the applicant's responsibility to ensure that a current application is ~ S'CrIY N ~~ em I 2831 Cormorant Rd I Dekay Beach. FL B444 Telephone: (561) 330-2713 E-Mail: officej@bellsouth.net Jeremy S. Office ~_ J-"" ",."'. '~' Developed strong management and sales skills while creating valuable networking and inter-personal -' :~~~r f ~ ".,~-l.J" relationships. Facilitated total customer satisfaction by exhibiting versatility, dependability and a bottom-line ~)~ ~J~ld~~~j~ ~ - " ~< mentality. Proven ability to adapt to new business situations and in a short time period, performance has resulted in a path of consistently increasing responsibilities and promotions. ~,~.' _ J ". ',_ Merrill Lvnch & Company; Delray Beach, Florida (April 2002 - Present) c~- (r:~J ::J}~~> =. ~.~_~ Wealth Management Advisor (Global Private Client Group) April 2002 - Present · Serve as the Wealth Management Advisor to over 100 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 ofDelray Beach Daleen Technolot!ies Inc.; Boca Raton. Florida (December 1998 - December 2000 Partner Manager (Sales Division) April 2001 - December 2001 · Responsible for managing specific partners from pre-sales to the integration contracts ($50K-$IMM+). · Developed multiple new vertical markets for Daleen and their Partners to enter. · Conducted sales training around the country for multiple partners 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 ofworlc. · Responsible for development ofa team of three managers. .) · Responsible for rolling out new "Partner Maturity Model" and implementing the strategy. · Worked directly with the Director 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 Training divisions. Business Analyst (professional Services Division) December 1998 - January 2000 · Lead a team of Technical and Development resources in the frrst successful South American Implementation of the RevChain (BillPlex) product. · Concurrently worked to further develop the Business Analyst Forum as the Professional Services organization tripled in size during this time. · First entry-level hire by Daleen Technologies. Part ofa three member team that created the RevChain (BillPlex) "Package" which went on to serve as the competitive differentiator in the market space. ~ \ ~,/ ~ ,~, ~! r~y I ~"';, · 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, Word, and Photoshop. Mas(ers of Business Administration (MBA) - .J.....:...::\! "r I, " - · University of Florida; Gainesville, Florida; November 2002 Bachelor of Business Administration: Finance (BS) Minors: MIS and Pre-Law. · Miami University; Oxford, Ohio; June 1998. Designations: l · Certified Financial Manager (CFM) I · Chartered Retirement Planning Counselor (CRPOID) · Certified Financial Planner (CFP@) - currently taking courses · Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses DB...RAY BEACH J/ r!o 7 .,...... ~ 3m/or ?k/ler ~City CITY OF DELRAY BEACH " III! BOARD MEMBER APPLICATION 1993 2001 ase lint the folIo infonna.tion: Last Name: Name MI. OWE J L G. Home Address: City State Zip Code 1'l~ 7-CCI(- ~L 3'Y'Jf. Legal Residence: City State Zip Code )k~/~ 0 Principal Business Address: City State Zip Code 2- 2- )Cf LI/Vro""v lr L ~ l Lk (;-- /J--fl# Jj,::,-t-( l:I FL- y? l(lfl{ Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: )6t-ijTc;~ gig list 2Il City Bouds on which you are cun:ently serving oc have pceviously se.cved; (please include d3tes) (JIVE ) j OTt--!...;t; trIf - /'t ~ (4/. List any related professiorual ce.ctifica.tions -au~ licenses which you hold: iT ""J l/O4 l- W- ""M/ft'(.. .r 2u. lkt- ISS u - 5 ttteby certify that :ill the a~ove st:Ltements are ttue, and I 2gCee and uudecsbnd that -my misstatement of lIDlterial facts .tM=Jll 2('pIiatton =y <=se fodeituce upon my part of any 2('poin<ment I may'eceive. RECEIVED 2. (, ()~ - 7--1--0'i ~ATIJRE DAm J U l . 0 R 2005 .J ote: This application wiIl1:emain on file in the-CityClerlCs Office foca period of2 years from die date itwasRK submitted It will be the appliamrs responsibility to ensuie- that a_ current application is C@'&I~ C LE _ S'aIYQJ!UJBOMUMn'UCAUON MICHAEL CHARLES OWENS 907 SE Third Avenue Delray Beach, FL 33483 (561) 272-8869 EMPLOYMENT HISTORY , Palm Beach County Planning, Zoning, & Building Department - West Palm Beach, Florida April 1997 - November 2002 Planning Division - Land Use Planning Section Planner I (4/97 to 6/98), Planner II (6198 to 11/02) Research, analyze, and interpret Comprehensive Plan elements, including future land use, transportation, economic statistics, and physical data. Responsible for oral presentations and written staff reports to various boards regarding comprehensive plan amendments, including text changes to the plan, and special projects. Prepare and produce detailed maps, reports, special projects, and graphic aids using ArcGIS and Adobe Photoshop software. Formulate and draft reports for special projects in support otplanning proposals and positions related to long-term planning. Review petitions and site plans for Development Review Committee for land use interpretations and comments regarding residential, commercial, and industrial development in Unincorporated Palm Beach County. Managed the annexation process for the County. Responsible for monitoring of the Fire-Rescue Element. Palm Beach County Planning, Zoning, & Building Department - West Palm Beach, Florida November 1996 - April 1997 Planning Division Planning Intern Assisted Senior Planner with the implementation of the Glades Community Revitalization Program. Researched and utilized information and planning methods such as downtown land -redevelopment, site plans, landscape beautification, and restorationJreu~ ef historiG- buildings to diversify the economy of the rural communities of lake Okeechobee. - Prepared a Glades Coordination database and newsletter. - Compiled a map series as support documentation for special studies. - Assisted with short-term assignments such as preparing grant proposals. City of Tamarac, Rorida April 1996 - Sept. 1996 Purchasing Division, Finance Department. 'ntern Reviewed purchase requisitions for quotes on orders over $500 and wrote requests for bids and proposals for items over $10,000. Maintained telecommunications system and conducted special projects as directed. - Received, reviewed, prepared and/or submitted various records and reports including insurance fonns, invoices. contracts, vendor lists, bid documents, purchase requisitions, requisitions reports, quote sheets, spreadsheets and correspondence. ) - Kept abreast of market conditions as well as new products, practices and product research in order to most economically and / appropriately procure goods and services for the City. - Coordinated and supervised an auction for the City. - Assisted the Finance Deparbnent with reports and statistics for the Annual Budget Report. New York City Department of Parks and Recreation. New York. NY. 1990 -1995 Purchasing and Accounting Division. Purchasing Aaent Responsible for the selection and acquisition of various materials for the deparbnent. including computer hardware and software items for the MIS Division. Worked with Borough Liaisons to address and solve procurement problems. _ Effectively managed purchase of recreation items for the City of New York. EDUCATION Master of Public Administration May 1995 City University of New York - Baruch College. New York, NY. Bachelor of Arts_ in Psychology May 1988 Syracuse University. Syracuse, NY. SOFTWARE SKILLS Work with WordPerfect, Word, ArcGlS, Corel, Adobe Photoshop, & GeoMedia software packages , References available upon request ) Au~ 04 05 12: 13p MeI Pollack 561-272-7618 p.l 110 1'<.1 4 I'\!:;) lbU lZ:ul ~^^ ~.lZ~J~/(4 '- 1. I I[ ,-,"1...J:..1'U:\. ~1 ~-,tl 01 ~'OJ__ 08.JlAY.EA.<=" ...-.... tdt:d JtJ!ecla- ~~ '~II J! CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATION AUG -:- 4 lO05 1993 2001 CITY CLERK M..l_ ----- !... Home Addrc:s: ~ tV , '\} Sou;e (:\() Fl- ~- Lcg:a1 Residence:; ~- Sor:e ~ "^"'- ~ 4-. Pxincip:d. Business AddC:CS6: City SCLec Zi.p Code ~ ~"'^ \..- ec.rt-,';-~j- S. Ha(ne: PhOne: Bu..~ Phone:: C<:U Ph.ouc: V:u:: d-~<~l~ ~J U.J.,ifi.. 6. ALc you . xegi.sta:c.d voacU '/--< .J 7. Wlut Bou-d(s).-uc you inr:=r:cd in sccvio&? Plc::lUC lC,( in ~cda: o~ pcc&.ccn.c:c: 9. .Edllcatioo:a1 quai<6.a..aoos: , . t>~. E C-o Y'I. (}...---.., c.J' ~ V \.+-.q ..0.... .r ~,) , r"'- :J ID (<u.r . r .4( ..r -1-'-_ ~ ~r I:wted. pl:of~oo:d . 6<.:.1UotIt; -uI<! lic::.eoscs -bich. you- hold: B-p., .eJ{S~ ~ -c1Yk4k'r I ha:d>y unift ch2-( sl1 me :l~~ lllllltCinCllO ace UUC. "SOd I ~..nd undcneaad liar: 1UJ.y mkSt1taD.cnr: of ~ta:i1l Ca-as -"'"'" ~ ~";{J ~~o fod'""""o up"" ..,. po<< of ~pppoin=~, (-y =..... / ~... _' 7'-IJ-U6 O-.I SIG :IlJllE. . DAYE N~c: This :application -will rem:a.in on hie ia cbc~ GalC s Offia:: foe ~ paiod of2 ycsu:s frocn me: d:ue iJ: ~ :submitted... Ie will.be the :appliea.nt-' ~ ~QS.l ~ty to dJsu ie- (fu.,t ~ ~c:aC: sapplioaboo. is. 00. file- . ~_........h<L'o:nQro . --- 1I1&/~ee4 11 : ~~ 95478&4&77 BUILDING !Jttl I J/':1 j'>>et; a-/ JJ .1~!O4 BON 11:26 FAX 561 l(J J77! CITY CLERK OBRAY BEACH It/ /1t/tJfr; ~ AHmeric;Icrty CITY OF DELRAY BEACH , , III! BOARD MEMBER APPLICATION I 1993 2001 infollllltioa: S.44Zo,vG N2JIle M.I. \7,.Dd-.. City SbLtf: 7..ip Code p,.. l>~LrJ-.-A 6~ p.z..- iI.J- 83 City Su.te Zip Code Principal Business Address: City StAte Zip Code 00 a,.V' A T &....,,/f-4J rJ Q BL.JJ!. ?+>o/P'U" ~ FZ--. 3)fo6t Hom~ Phone; Busin~ss Pb.onc: E-M.-ul Ad.dress: Cdl Phone: Fax: '/- Z--J/f 3- * Z 5' 9 ~y;,- 76'6- -1"#76 S~:z..~~G ..J(3I114J.. 'f7~I-S-7J-/7/7 9Ff.J.]I~~7fi' Are you 11. ttgistcred VO[e.tr y G- 5" If so, wher.e :u:e you reglste.x:ed? 17 tn.- ~ ~ BE~ What Boaro(s) ue you in~es(ed ~ gerving? Pl~e list in ardtt of ptefe;rence: S ZQ~~~ C -- hAst ill City BM.J:ds on which you at:~ ~tly sex-ving or lEt-!~_pIcvi~~!J. :5c:r:'~ (P~.$.~ indud<:.~att$L _ '!r-' O~/U- --. .-' . G-< Give yoUt:' present:, or moSt recent employer. w.d position: ~l&Jr ~b- ~~ c>. Desaibe expeOalCC&, skills or knowledge which qualify you to sav-e on d:Ws bow:J; (pk2.sc a(CaCh a bckf resume) C P~N r.r<"<./g.{~ ;:> G c. ';hr': :..e. .,. R n (> ;.~ I ;'00 . ~/ ~f c ~/'S; r :.A ~ 0 [)f3.?-/Z. q~~1:/ ~ r /$ .l c: J1.-..G- ;uhy certify maL all the above statancnts om:: ttue". wd l ee :ro.d undcntand ch<l-t a.oy mWt:l.tcment of maceriU betS . ;n this applicati y U\use forfcicurc upon my pan: of .my llppoinnneot I inay ,[cO:l.......e. ~ECEIVED ---B(/ ~ r NOV 1 6 200~ DA'lE te.: This ll'{lplicacion. u:rill t:enum on file in the City Cfcrk>s Offic.e fo~ a pciod or 2 yens ftou(3lt.'f~1:(}tL ~ K suh:mitted. I( will be me applicaut"s tesponsibiliar (0 ensure that a CUJ:J:en[2-00liClUOn ~ on fill'_ .1/1612084 11 : 2:! <3547864677 BUILUItKi PAGE 03 . . JEROME SANZONE 200 Mo\CF ARLANE DR DELRA Y BEACH, FL 33483 (561) 243-3299 OUTLINE REUME March, 2002 City of Pompano Beach BuiMillg Official Present 100 E Atlantic Blvd Pompano Beach, Fl33061 Marcb, 1989- CityofDelray Beach B~ilding Official March. 2002 100 NW 1J1 Ave DellaY Beach. Ft 33444 June, 1986- City of Oakland Park Building Official March, 1989 3650 NE 12m Ave Oakland Park, Fl. 33334 .June, 1984- City of Pompano Beach Assistant Building June, 1986 141 SW I" Ave Official Pompano Beach, FI. 33060 , June; 1980- Self-Employed C onsnuction Cons.ultant & ) / June. 1984 RR2, Box816 General ConttactOJ: Pompano Beach. PI. 33067 Apnl,1978- General Dcvelopmenl Corp. Di:rector of Primary - August, 1980 1111 South Bayshore Dr Housing Miami, FL 33131 October, 1986- American ?lywood Assoc. Sr. International April. 1979 PO Box 11700 Field Services Tacoma, WA. 98411 Representative August. 1965- Rinker M <ltenals EQ.g. Coordinator: October, 1966 805 N. Railroad Ave. Field & Fabrication West Pahn Beech, Fl. of Projeco Ftbluary, 1963- Lindsley Lumber Co_ Estimation, August. 1965 Steel Division Detailing. Field Dania, Fl. Supcn.ision, Customer Relations April, 1960- Security Planning. Inc_ Sales Representative Decemba-, ] 962 First }ratioJl1l1 Bank Bldg. Miami, Fl February. 1960- Dade County Highway Estimator & -February, 1963 Design Section Designer ) -c 1 1/16/~604 11 : ~~ '35471364677 BUILnIl ~:; p p,.0iE: 04 June, 1959- C & C Construction ESt1IrultQ[ & SepteJl-.ber, 1959 613 Tabor Place Designer InvestQr Planning Corp_ Sales Rcpresenllltive 60 E 42-<1 S~t New York. NY JEROME SANZONE 200 MACFARLANE DR_ DELRA Y BEACH, FL 33483 (561) 143-3299 OUTLlNE RESUME (CONTD) Sept.. 1958- New York City Community Construction Tech., Jan.. 1960 CollegE: ABS Degree 300 Pearl St.. Brooklyn, NY '\ Sept.. 1955- - United States Army Corp of Engineers 1 Sept.. 1958 / June, 1954- Levy & O'Keef Mechanical Daign Sept, 1955 171 Madison A \it: New Y Q[k, NY ) 1116/~lJ04 ll:~~ 9547864677 BUILDING PAGE es -' PROFILE Date of Birth: August 17, 1936 Marital Status: Mauied Gcnaal Health: &cellent Military Sendee US Army Corps ofEng_ - HQo<rrable Discharge, 1955.1958 Certification: Florida State Qcner.d COlJtractors License #CGC-007690 Certified by the Deparuncnt of Professional Regulations in the Following areas: Building Code AdIDin.i9ttator; Structural Plans Examiner 3w:llnspec{or; EleclIical Plans Inspector; \ Mechanical Plans Inspector ) J Plumbing Plans Jnspecror C.A.B.O. Certified Building Official #923 Florida Board of Building Code and Standards Certificate #111 Building Officials Association Building Code Director CertificatE # J 47 South Florida. Building Code .Building Official, Olief Structural Inspector and Plans Examiner School: NYCCC A.RS_ Degree in Construction Technology Organizations: Florida Atlantic Builders As3Ociarion Cllair.man of Affordable House Committee Govemmental Affairs Committee Builders Association ofSourb Florida Co-Olairman ofTeclmical & Consttuction Committee O>nstruction Specifications Jnstitute Building Officials Association of I 1l/16/~oe-t 11 : ~~ <J5-t71364G77 BUILDIt-lG PAGE eG . Florida JEROME SANZONE 200 MACF AIU.ANE DR DELRA Y BEACH, FL PROfILE (CONT'D) Boards: Broward COUJlty ConstrUction Industry Licensing Board Palm Beacl1 Counry Building Code Ad"\rjSOf)' Board Palm Beach County Fire Code Advisory Board Fire Code Board of AdjuSllnents and Appeals SBCCI By-Law-s Commiaec SBCCI Code Intetpretation CommitteE: , SBCCI Existing Building Cod<: Conuninee I SBCCI General Design Committee BOAF Resolution Committee Palm Beach County Hunicane Retrofit Committee Palm Beacb Couuty plumbing, Eleenical and Mechanical Rbriew Committee Ice International Building Code Sauctural Committee Languages; Italian, Spanish. Japanese and Latiu \ } 1I16J~ee4 11:~~ <JS<l7B64b77 BU ILD mG - PAGE 137 . 1 . JEROME SANZONE 200 MACFARLANE DR DELRA Y BEACH, FL. 33483 CONSULTING CLIENT ACTIVITY US Dept (If Agrictllturf: Set up construction COmpaniC3 to build mass housing and train Personnel in VlOnezuela, SA., 3 projects started. National Homes, Inc. Acq\urc product 3pprovab fur their S}'stem under the SBCCI and SFBC Ryan Homes Analyze and solve construction problems. G.D.C. Analyze and solve construction problems. Heller, Weaver & Assoc. Evaluate buHdings for condo conversions. \ Gcnstar Developed site plan for pllUUl(:d community in S. Dade / m Evaluated struCtures at P:al.m Coast in Bwmell. FL Approved as expert witoess in American Arbitration and Federal Court. G.P. Analyze and solve problems of construction applications. Northwood Industries Advised on marketing of construction products and gained code approvals. .MarOlem Advisf:d on marketing of cdnstrocnon products and gained Code approvals. Everglades Chemical Advised on marketing of construction products and gained Code approvals. MO-Carter Coating Advised on marketing of construction products and gained Code approvals. c.A. Marando Advised on marJceting of construction products and gained Code approvals. Florida Division of Analyze, investigate and ~valtlatc projects a.s well as testify as - Law Enforcement An expen witness fOT the Construction Fraud Case , :r 1/16/~O04 11 : ~~ '3547B6~677 BUILDING PAGE 08 ; , -..<, << 0 JEROME SANZONE , 100 MACFARLANE DR- DELRAYBEACH. FL 33483 , PROFESSIONAL ASSOClA nONS American Concrete Institute (ACl) American Institute of Timber Consouction (AITq Building Officials Association of Florida (DOM) Building Officials AS3ociation of Palm Beach Couury(BOAFPBC) Building Officials and Code Administrators (BOCA) Construction Specific8 rion Institute (CSI) Oiundl of American Building Officials (CABO) International Conference of Building Officials (lCBO) Sou<hcrn Building Code Congress Intenudonal (SBCCI) -, ) PROFESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals: Building Offic\:i1-V Plans Examiner Building Officials Association ofFIorida: Building Official! DepartInalt Director Council of American Building Officials: Building Official Florida Assochuion ofPlumbing-Ou-Mecbanical Inspectors, Inc. State of Florida. Depamnent of Business & Professional Regulation: : Building OffICial! Code Admi)~tTatOl". Plans Examiner, Inspecror State of Florida, Depa.mncnt ofBusincss & Professional Regulation: General Contractor State ofFIorida, Florid<l Board of Building OJdes & Standards: Build.iog Official RELATED INDUSTRY ACTIVITIES Building Association of South Florida: Co-Chainnan, ConstrUction & Codes Committee 1980-81 CbairmaR. Palm Be~ch Cou.oty Fire Code Ad....isoJ:y DOllI:d 1990-94 Chairman, Palm Beadl Count)' Fire Code of Appeals & Adjustments 1990-94 Callegc ofarehitecrs, Engineers & Surveyors Seismic Committee 1968-73 - ) -Low Cost Housing Comminee- Puerto Rico 1963-68 111G/~064 11 : ~~ 9547864677 BUILDIH:i PAGE 13'3 Pn~sident, Building Officials Association ofBrov,.'aTd County 19&7-88 Prt:sident, Building OfJkialg Association of Palm Beach Councy 1994-95 S()l.Il:h~m Building Code Congress International By-uu;s Committee 1992-93 Southem Building Code Congress International Code InteIpTeLuion Committee 1994-95 Soulhcm Building Code Conference Intern-arional Existing Building Code Comrnine:e 1995-97 :)Quthern Building Code Conference International General Design Comminet: ] 997-1999 International Code Council ICe INTERNATIONAL BUILDING CODEStrUcmral Comrninec 1999- Present ) J By: AANDEE S SCHATZ,PA; 561 833 1881; Aug-2-04 2:26PM; Page 2/2 . - - - __ - - - - _ _ ....:-... ..,.., L """'...., ~II'. Cl'l~ <:: .ERK Citloo2 !>~': 8~~t-.! r-~ db ~ CITY OF DEI r-RAY BEACH ~f't1€f 'III J! BOARD MEMOI ~R APPLICATION 1993 2001 Pl~e type o_t: plID.t the following- info[1D:;luon: - - 1. J..a:i[ Name: Nm De 1\i I- Schatz Rande"", S .., HOlDe Address. Ciq State Zip Code ~. 935 _Tasmine Or_ Delray Beach fL _U48:3 3. Legal Residence: GO; Stare Zip Code S:'lme as 1/2 4 Princip;a.l Business Address: Cilj State Zip Code 220 Sunri~e Avenue #209 Pa In Beach FL 33480 S. Home Phone: Business Phone: E-Mail ^ddre~ : Cell Phone: Fax: 561-274-0010 561-833-1846 561-833-1881 6. lue you a n:g1.s[<::rcd votc:r? If so. "\Il ber:e axe you regis1:crcd? Yes P",lm ... J.'lnr; tlA 7. What Board(s) lI(C you interested in serving? Ple:lSe list in orott ( pcefcraIcc: PlanniuQ and Zoninl! <:tnd ~DD..n t List ill C1cy B~ds OIl. -which JOU lie cuaeody $aving or have pJ FviollSly servc4 (please include dates) I am currenclv serving on the Historic Preser vation Boaed and have been twice ) elected l'.t3 Chairperson by my fellow board meDl [bers on the Board of Adjustment (term 1 roiLed) ~. Ed~ClUional ~u:ilificaci.ons: B. S. - E ucation; J.D. 1978 -- _0. list a.ny rd.2.tECI p:rofessioual certifications and licenses whic you hold: T ~~ ~ l' ~ ., ~ f-hr- <:::'-~r~ ~-F (:'1 rl~ ~~rl __I. n- . _r -,(" n.1 ; ~ well as a licensed real estate b~oker. 1. Gi~e yow: present, or most recent emp1r:er. 2.Jld posicion: Randee S. Schatz, P. ^_. owner attorney 2. Describe experiences, skills. or knowledge which quilify-you. to se ve on this board: (Pleuc ...ttacb. II bri~f resU1llc) In addition LO having served on various boards mich are related co areas affected by planning and zoning issues. my law prac.t;ce has had a large emphasis on real estate transacLions including planning and zoning matt .rs at both a municipal and county-wide lAv"",l heccby certify th-at all dH:: above :lttt(:mcots ue nuc, 2nd I 19x:ce and lndeatand that my misstatement of mlIt~1 facts oDtllincd in ~ appliatton may cal.l::>e forfeiture upon my part of :lOJ lLppoinunent I ~y recelve. 1~Pdl~- 8-L--01 N^ TORE DATE late: This '1pp1ic~tion will remaio on .6lc .in the City Oe.rk's Of I1cc for a period of2 ye:a.:rs uom the <btc: it 'WaS ) submitted. Ie will be the 1l{lpJica(,\C>$ responsibility to east re th:u -a currCQt ~plicarion is on file. RECEIVED ~-,,-O:\~pUc...:no.. AUG 0 2 2004 __.~..1. _" ...nV ()B...RAY B-EACH 3/ ?Jl/D f .,.c.... ***** ~~ 4f!/J tJ/0;~ AHnIericaCity CITY OF DELRAY BEACH 4p C 12: " III! BOARD MEMBER APPLICATIO~ W 0 I/o. () try rJs I 1993 CI..E2,- 2001 It/( ~e information: Last Name: ~c NrJ~1 De'YC- Name N f.rJ ( Home Address;r.; I City b fL, Legal Residence: City State Principal Business Address: City State Zit? Code <)~W\f~ Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: (PI 'bb S")l, lb 1oJ'72-0 t; tJ6tJ AIe you a registered voter? G-S If ~o, where are you registered? Pc Wlut Board(s) are you interested in serving? Please list in order of preference: PtS- tl OtJJ) - - f6N ~ 'LAN rJI/V6 -r =--- _ Give yow: present, or most recent employee, and position: . C i-IU..:t / / ~ 1-1 -r --- I:-#!J /J~ - T 1JM(f-/LJ C, .A /P-h~ )flA 11.:v {Ll? t.PnIJ-.l I uve IN ~, W4/11 o fic I ~Vdt-Vtn ~ CA- ~'(?l/T'i- - u ~ t - 6-,/';L 6~ DfLb/ b.ereby t the above statements are true, and I agree and understand that any misstatement of material facts "'~~PliatioO may cause futfeioue upon my part of any appoinOnem I ~e. ~ ~. . . ~~J T~ DA: fote: This application will relrulin on file in the City Clerk's Office fo.r a period of 2 years from the date it was submitted It will be the applicant's responsibility to ensure that a current application is on file. - S\CITY<X.l!llnBOARDlAPl'UCI.'I1ON ~~''''~'V<ol aUl' ..,o..~. Cn..A <tIVL ....v 4"'" "J. So... ".a...c..I'U\. I(f~ '1'1 t:. Dt1RAY BEACH raz Ikr .. & 0 .. & a ... bra.d l-c3AJ1 .....CIty CITY OF DELRAY BEACH , l III! BOARD MEMBER APPLICATION 1993 2001 infomution: ~jlve/' Name Chrisfei MoL --' 2. Home Address: Ci~k Stare Zip Code Z7r ~ Cordi - C FL .l:7W.r l/"61ce 3. Legal Residence: City State Zip Cod~ "JJ>F Cor., I kc.e 01_ .k/t-c ~4'd fi .7.JYY:r 4. Principal Business Address: Oty State Zip C..ode /2Jo/ ;Ootuer/jA~ M !10u< ~ 7L 122.1J 5. Ho~ Phone: Business Phone: Er~ail Address: Ccl1. Phone: rax: 5:61-/.79- p/o-J &2/_ 'f)Q-122V cis .o/ve/Aou,[e.( - I*(-92-9-S:}-'i"j' SZI_2}fl-/.Yi'o 6- Are rou a. registered voter? Do If 50. where are you u:gisteted? 7_ What Boa.td(s) su:e you incerested in serving? Please list in 0J:der of preference; I'lannjlJ -f:p/i in 8. l , 9_ 10. List any related professional certifi.ca.tions and licenses which you hold: k- 11. Give yoU! pttscn~ or most recent ctnployex. and position: /I-.u 4)' &?.k- r<../ v-- ~ ..r>ic : ak/ J~-2DoY ch- II bri~f tcsWl1e) ~ d4~ I~ lb&t all the .bov. ._" = -. snd I 'il"" =d unde.o...d that "'Y mis.........,,' or ~ r.cto contain this apPlic;ti_ may c:wse fOrfeiture upon my part of atly appointment I may reccive. 74 _l./ _ I~ J-DJ . SIGNATURE DATE Note: This applicrtion will1'ell12in on file in the-CityC1crk's Office for a period of2 years from the date it was ) submitted. It will be the applicant's respoostoility to eIlS'llle that a. current application is on file. ~BOAiIDVl1'1'UCATI(J;' Christel Silver Tel: 561-274-8153 278 E Coral Trace Cir Fax: 561-243-1390 Delray Beach, FL 33445 Cell: 561-929-5799 - . Resume Education: High School Diploma at Sequoia High School Redwood City, California as Exchange Student from Germany in 1960 High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963 Graduate from Law Academy in Berlin in 1966 Administrator of Justice from 1966-1985 working at the Court Houses in - Berlin, Essen, and Essen-Borbeck, Germany Real Estate Schools in Maryland, Washington DC, 3Ild Florida Graduate ofthe City of Delray Beach' Residence Academy in April 2004 Participant in the Leadership of Delray Beach 200412005 Licenses: Associate Broker in Maryland license #81131 since 1985 Realtor in Florida license # 60690952 since 2000 Certified Residential Appraiser in Maryland license# 7102 from 1991until2004 Notary Public in Maryland from 1986 until 2001 Notary Public in Florida since September 2003 Certified International Property Specialist since 2004 ) Fair Housing: Member of the Fair Housing Committee at the Montgomery and Frederick Association of Realtors 1990-2001 Chairperson for the Fair Housing Committee in Montgomery County in 1995 Member of the Interagency Fair Housing Coordinating Group 1995-1997 Washington DC HUD Task Force member for Fair Housing Voter status: I am a resident alien in the process of applying for my Naturalization looking forward of becoming a registered voter. Membership: Greater Delray Beach Chamber of Commerce (Chairperson for 2005 for the Ambassadors and Chairperson for a Leadsgroup) German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Membership Committee of Certified Residential Specialist (Chairperson of the Florida Chapter) Elected Director of the Board of the Coral Trace HOA for 2005 \ t&r~~ I ~l--o~ i ----------------- Christel Silver Date OS 05 03:28p Harve~ Starin 56124360B7 p_2 - - - - ---...... oa...<<A.V OEACH I@Ut .. .. .. _ <CI _ .... ~ ~4/{);{U AII~City CITY OF DELRAY BEACH ,''I,I! BOARD MEMBER APPLICATION 1993 7--- 1-0l/7?!35 7-/-- D1 2001 :::ase infomntioo.: -, Last N:a.me: >~/~ Name I ye~y Ul_{) Home Address: C- Zip Code 3~0 D rn/fCfJ!..-S W A-y Ity D ?L./Z fr/ I '2 ~ y-J Ug.d Residence: S .kI--41 e City Zip Code P ci.n.cip:a.l- Business Ad.da:ess: City Sew: Zip Code ~<;I 5C 0/Wl::f ~/lJ f v;;2;zfr/ Be;/- pc "33L(k-J Home Phoue: - Business Phone: E.~ ^.ddJ:es~: Cell Pb.oue: P:lJC: ~"4-I-;t 1 J- 'fW - ------ h s~("jl1e At!~.u sG (--I..?>f-69oJ 9;. /---;).y{-~ f'l Axe you ~ .t.egistc.ced vo{at vES If so, whc.cc:u:c you ccgista:ed? j) f;-~/2ft 7 ~Ct. _ - I e. Wlu..c B01(d(s) .u:e you intec:ested in serving? Ple:uc (i"t in orda: o~ pccfe.ct=ce: f0MtJ(,og fl-;0() 2D}JI,AJ & - list all City Bo;u:ds on which you ;u:c C1JC.CCUdj- servio.g oc w.ve pccviously se.cvcd: (Pt~e indud~ d~tc:s) ) 6lt{LlJ or-:: A-O JUS, m0 p VICe c - Eduatio~ qw.lifiottoos: C"(; (Va Af fb'L 8u j) E7-1Z /l:-7 /::-r I'D E~j7T etA- {) 0_ List 20A t:~ted pcof~sioo:u certifiOltiOOS :\O<l licenses whi~ yoo hold: L- uU,-v )' 6Y) R eA;-L 65' _ S '(.bl'2 . (U-~ Co)::!:5-( Gv~tif7 C~l - t11 iJ-~re.tz. .?6. TZ>jJ~ Lt. Give youe pccscnt, 01: most recent employee. 'Uld ~sitio~ pcl-{ClttJ prapcY2. -ng-f 8 {Z6 it lftZ.-~ A-s (6 C I J1fl:!' 12. D~a:ibe experiences:, skills o( lmo'u/kdg~ whiCh qumfy you (0 sCCV'e. 00. c:b.is baud: (Plose a.tttch " baef [:(:Sume) 5 c.1E It 11 A CiJ-EP e. tltcmc:nts -,.cc true. -zad [~ce 2nd undasnnd dut-;roy missb.telUcnt of autcri2l &~ ause focf-citw::c upon my P:u:t of any ~ppointment I sD:1Y cece.ivc.. 7- {-ddv > DATE CE'V~O rote: This 1~pliC2.tiof1_ will rem2in o~ file in the: City .?_edC s ?ffi~ for :a period of 2 ~~ &:~m the <Ute ~bW - subm.tttcd. It will be the ~pliou1t's J:cspoosib~ty to easw:e- tJ:ut 1 CUIrent. applicauou ~~ - .C\l'{ C~~~ 05 05 03:28p Harve~ Starin 5612436087 p_3 Attachment to Section 12 , City of Del,.ay Beach Boa,.d Member Application, July, 2005 , I believe I am qualified to serve my city on the Planning and Zoning Board because of my professional experience, my commitment to seeing our city grow and prosper in an orderly fashion, and my belief that the needs of all our citizens should be served in a fair and compassionate manner. As current Vice Chairman of the Delray Beach Board of Adjustment, I have learned a great deal about the way our City operates and the role of a Board Member in assuring the balance between our residents' needs and our Citys' regulations. As a resident and homeowner for over seven years, J am committed to supporting a balance between our need for growth and development and our desire to maintain our rich cultural heritage. I believe that opportunities for growth and development should reflect and support both our city's history as well as our need to supply all our residehts with a wide range of housing, educational, employment and entertainment opportunities. My previous corporate experience as a senior executive in the high technology industry enables me to understand the impacts of budgets on growth and gives me the ability to make the sometimes hard decisions required to balance "needs" with "wants." As a manager familiar with strategic and long term planning I understand the need for implementing orderly and controlled processes for viewing a wide range of requirements and the benefits of consistency in any review process. ) _ I feel a strong commitment to seeing our city grow and prosper. I was among the first graduates of the Delray Beach Resident's Academy (November, 2001) and found the experience both educational and inspiring. I learned a lot at that time I promised myself that I would be back to take a larger part in making our city one I was proud of. As a resident I take pride in "my city" and do alii can to show that pride by attending events and taking an active part in city business. I have attended numerous Commission meetings and learned a lot about the process of how our city government operates. Now I feel it is time to give something back and participate in a way that will have an impact. Instead of just talking about what happens. I want to volunteer to help make things happen. Finally. I believe the needs of all our citizens should be served in a fair and compassionate manner. The many boards in our city are charged with implementing the rules and procedures by which we live. Rules make our society orderly and allow opportunities for all to live peacefully and in harmony. Yet I believe those rules should be enforced with an eye toward the end result they were intended to achieve. As such they must be dealt with in a fair, responsible and compassionate manner that allows all city residents to enjoy the city's benefits and its opportunities. I -' OS 05 03:29p Harve~ Starin 5612436087 p.4 3596 Admirals Way, OELRAY BEACH, FLORIDA 33483 HARVEY O. STARIN TEL 561-272-1665 - FAX 561-243-6087 - EMAIL: hstarin@aoLcom Strong Team Player With Diverse Skill Set Focused On Results & Customer Satisfaction . Extensive experience in building, coaching and working on high perfom1ing teams . Strong executive customer service skills. . Highly organized time manager, adept at balancing multiple competing objectives. . Excellent "'vOting skills, from compelling correspondence to clear concise reports of complex infonnation_ . Skilled at creating realistic and executable business plans . Skilled presenter, well versed in developing high impact presentations. . Vice Chairman, CIty of Delray Beach Board of Adjustment . Delray Beach Residents Academy, FIrst Graduating Class . Licensed Real Estate Broker . President. Pelican Harbor HomeO\....ners Association EDUCATION BS. Advertising and Marketing, University of Florida MBA, University of Florida Executive Leadership Program, Kellogg School, Northwestern University, PROFESSIONAL EXPERIENCE Senior l\farketing ~xecutive Experienced in Marketing, Strateg~c Planning, Business Planning, Human Resource Management and Operations 2003 - Present: Licensed Real Estate Broker, Associate, Dekav Beach, Florida ) 1999 to 2001: E-exhibit.com, Boca Raton. FL Co-Founder and President ofIntemet Business-To-Busilless e-conunerce startup venture with responsibility for all acrivities associated ",,'ith creating and building the first Internet "Virtual Trade Show." Left the business following merger. 1997 to 1999: Lucent Technolo1!:ies New Ventures Group. Murray Hill NJ General M:lOageJ'" - PeJ'"systant Technologies: Created and launched a new Lucent Internet startup venture for the delivery of interactive eraining over the Internet Created the vision for the company, directed software developmeut and all customer related activities in the multibillion-dollar adult learning, corporate training market space. 1993 to 1997: Lucent Technoloeies & AT&T. Baskine Rid1!:e, NJ General Mall2ger - Lea..-ning "'orks: Created and brought to market the Lucent Tedmologies "Learning \Vorks" integrated solution business to address the multibillion dollar opportunity in applying high technology to the training and education market. Director of Marketing and Stl"2tegic Planning: Created and coached the teams that delivered high impact customer applications to support peneeration of visual coIIUIlunications products and network services among large business customers. Other Experience: AT&T and Bell System as Product Marketing Director. State Director of Human Resources, and Branch Manager. 1 L{ e:J5-05 DElRAY BEACH bn;~ ;5/'. PIG?.fl11-e ..0...", ***** All-AmericaCily , l III! CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 information: 1. M.I. 2 State Zip Code Dr u) L Fi- ~3 1S 3. State Zip Code City State Zip Code FL 3 Cell Phone: . Fax: q,( - 4 q C)-~ I{ ~-Z33-5ZJ ~-Z3S-St ros 6. ke you a registered voter? ;c.. p re C;fY list all City Boards on which you are currently serving or have previously serv ) none.... ~ . Co t1A J1'1IU1 r yldL-H1lt1 sional Artifications and licenses which you hold: Ttl1 1\: . e) wt t"1?~ , I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts n d in this application may cause forfeiture upon my part of any appointment I may receive. ~W03 SIGNAnJRE DATE ) Note: 1bis application. will remain o~ file in the Ci~ .?erk's Office for a G~t of 2 ~ fr~m the date it was submltted. It will be the applicant's responSIbility to ensure (BEl UJiP non IS on file. S'CrrYCLERIC.\BOAJU>\API'LICATION 1m <gfj APR 2.5 2003 ....... t__" ......... .. .-.., Ronald W. Sullivan . 400 Sherwood Forest Drive Delray Beach, F~ 33445-3872 . Phone: 561-499-8114 r , April 22. 2003 City Clerk's Office City of Delray Beach 100 N.W. 15 Avenue Delray Beach, FL 33444 Re: Board Member Application Dear Ms. Schell: 1 Enclosed is my completed application for Board Member, City of Delray Beach. I am also . attaching a copy of a recent resume with probably more information than you need. I have been a resident of Palm Beach County for almost 8 years but just moved to Delray Beach last year. Please let me know if you need additional information. , Ronald W. Sullivan . J 10 " RONALD W. SULLIVAN 400 Sherwood Forest Drive Delray Beach, Fl33445-3872 Phone: (561) 499-8114 E-mail: mcsullivan@aol.com SUMMARY landscape Architect /land Planner with eXtensive background in teaching; in public practice; and in private practice in land planning, project management and computer applications to the planning and design process. EXPERIENCE - Senior Planner (2/02 to present) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, Fl Senior Planner with the Zoning Division, Development Review Committee (DRC) Section. . One of two senior planners supervising the work of 4 planners, a zoning technician and 3 secretaries in the performance of their duties related to the DRC plan review process. . Share management responsibility of the DRC plan review process. . Continue to serve as County staff representative on Northlake Boulevard Corridor Task Force. Senior Planner (2197 to 2/02) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, Fl Senior Planner with the Zoning Division, Board of Adjustment/Concurrency Section. . As head of the Concurrency Section, responsible for management of the concurrency review process and for supervision of a planner, zoning technician and secretary in the performance of their duties related to concurrency review. . Responsible for overseeing the on-<:all and reception functions for the Zoning Division including supervision of a planner and Receptionist. \ . Serve as County staff representative on Northlake Boulevard Corridor Task Force. ) Site Planner II (Mid 1995 to 2/97) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, Fl _ Project Manager/Site Planner With the Zoning Division, Development Review Committee. . Review land development plans, site plans and master plans for land development projects located within unincorporated Palm Beach County and work with applicants 10 bring these plans into conformance with Palm Beach _ County Unified land Development Code requirements. . Assist applicants in the preparation of these plans for submission to the Development Review Committee for final site plan approval. . Review applications for building permits. _ Proiect landscaoe Architect (6 months) _ Short term position with Jocalland development consulting firm working on preparation of proposals and on a variety of land development and subdivision projects. landscaoe Architect / Proiect ManaQer (8 years) Associate / Studio ManaQer (4 years) -Derck and Edson Associates, Lititz, PA Major landscape architecture, land planning and engineering firm in southeastern Pennsylvania with a staff of 16 landscape Architects and 5 Civil Engineers. . Responsible for introcluction of computers to the firm in 1987 and for selection, acquisition, implementation and - management of hardware/software systems for accounting, computer-aided design, engineering computations, project management and word processing. -. As project manager, worked with clients, peers, other professionals and local and regional reviewing agencies in the planning, design, approval and implementation of a wide variety of projects. . As studio manager, guided and directed studio of 3 landscape architects, a civil engineer and a draftsperson in the planning, design and approval of subdivision and land development projects prepared using CADD. \ Associate Professor of landscape Architecture i Kansas State University, Manhattan, KS (9 years) Taught courses at both undergraduate and graduate levels in site planning, design and resource analysis. ~ , . As coordinator of the graduate program in landscape architecture for 4 years, administered the program, recruited and advised graduate students in one of the top accredited graduate programs in landscape architecture in the country. . Maintained a full program of consistently high caliber students during a period of generally declining enrollment at the university. Landscape Architect Consultant Bureau of Land Management (6 months) Three month executive appointments to Wyoming and Alaska state offices of federal land management agency. . Conducted a study of off-road vehicle use on public lands in conjunction with Landscape Architects and other professionals in the Wyoming State Office. . Worked with BLM Landscape Architects in Alaska to develop a methodology for visual resource inventory and analysis of a 15 million acre resource area in northwestern Alaska. Resultant report used to modify the existing BLM manual section on Visual Resource Management Landscape Architect I Park Planner Texas Parks and Wildlife Department, Austin, TX (6 years) Involved with all phases of resource-oriented park planning and design through the agency that administers the historic and recreation parks in Texas. . Supervised planning professionals in preparation of 15 state park master development plans for units of the Texas State Park System. . Helped develop a system of resource analysis adopted by the Department for planning state parks and authored a booklet describing the process. . Coordinated a team that developed a state park system plan for Texas and procedures for implementation. Landscape -Architecl Roy H. Seifert ahd Associates, San Diego, CA (1 year) Small landscape architecture and land planning firm. . Design on a variety of projects ranging from county park master plans to site planning for a nuclear power plant to private residential landscape design. ) Naval OffICer United States Navy (3 years) Served on two western Pacific tours to Vietnam and was involved in the initial stages of the pull-out of troops from Vietnam. . As Communications OMs/on Officer, responsible for all communications on 10,000 ton amphibious ship in the western Pacific as well as the security of all top secret materiaf. equipment and communications. Supervised 2 junior officers, 2 chief petty officers and 20 communications specialists. . Directed ship maneuvering (Command Duty Officer) when entering and leaving port, replenishing at sea and during battle conditions. EDUCATION Master of Arts in Sociology, Kansas State University Master of Science in Community and Regional Planning, University of Texas (Austin) Bachelor of Science in landscape Architecture, Iowa State University PROFESSIONAL Registered Landscape Architect, Current .#1598, State of Florida Registered landscape Architect, CUrrent #501, State of Texas (Uniform National Exam) National Certification by CLARB #616, Current Member, American Society of landscape Architects #023973 Past Registered landscape Architect, State -of Pennsylvania (9 years) Past Registered landscape Architect, State of Kansas (9 years) H:\WPDAT A\PRORLA TESTms.doc \ } 'OM 1~1.~;ll::TV-':: f;i;i:A RAPN {FR1JFEf; 1;{ !:(10c; 11:44hT.ll:4'-;/N!\f.:u}OOl~Q4~ F' -, !- . ,...........-. -....-,... . ... . . . .. .. b*d () a/$-- ff[J E-. All-Aa..tc:aatr CITY OF DELRA Y BEACH , l III! BOARD MEMBER APPLICATIOIECEIVED 1993 FEB , 8 2005 2001 dZ/ i~Q-1 >lease rim the followin RK I. r~t Name: Name Geo t M_LS ~. Home Address: City Zip Code 05 -c- L() -' ~. Legal Residence: {5' A-H E ) Zip Code 4-. Principal Business Address: G(}' State Zip Code :::J.A1a:1.s./-,l( L~, t;.,J ~OCu. (Z~ FL >:?f<g7 ~ OA , ',. f- ;-( dtJf'L . 5. Home Phone: Business Phone: E-Mail _Address: Cell Phone(s; Fax: >f,1-3~O--&:<g::L.. 50 (- Yc' 1-&91/0 :;-izvc, +~t;.kr~,:-n 4-< c-\ 5t>/-qC, /-&170 1J Lf'".L !). Are }rou a registered vorer? c-< If so, where <lrc you regi.$(ered? %~ '&~ ~<./'" 7. ou inrc.res(ed,in serving? Please list in or er of preference: . f c ,- /..~ oS: B. ds on v:hich yQ,LI are aureudy serving or vc previously :Jervcd: (please include ~res) i' .- <: ) g. " 11. Describe expeaences, skills or - . . l~ ~e true. ~nd I lIgree ;l{]d unde.r:stand that any missnu:emeor of material factS forfcinlr<; \.Ipon my p'U1: of :l.Oy appoinunen( I mllY xeceive. ;;<--/<6 -CJS- $I D:\.TE ~ote: Th.is application will remain on file in the City Gerk's Office for a perioo of 2 yeacs from me date it was submitted. Ie will be the applicant's responsibility (0 ensu['e dlat a currcut ~pplicacion is on file. . S\CITYCLmu:lOOAUMI'f'l.JC>..T1QN - .i!N I MFi 1 ~;T I {:::; f;'-,,: A f< AT('N {FR I HEB 18 200S 11 : 4S/H. 11 : 4:3/Nr.. 6:160012049 F' ::~ George Stephen (Steve) Thacker UOJ-C Lowson Blvd. Delray Beach. FL 33445 561 -350-6282 Career Objective Posicion ;', Ence'prue Resource Planning & Managemenr wirh a progressive organizarion. offering advo1lC<->ment opportunicie.'i basd on achievement and re.rults_ Summary of Qualifications . ]Wem)' Yl?al"S of experience in all aspe.ct.f: of commtmications and marketingfor the telecommunications indust,y. , + High~v motivatuL ,.e~lJlts-oriented professionLJl with broad background in te,riJory deveIQpm~lt. account/project rrulIwgement. with afocus on the Fortune 1000. . DemollStrated analytical and organizational effectiveness, . E-cceIlenl Interpersonal. communication and managerial sldlk . Proficient in wJice/darah.ideo communicatioflS and network design. . ') . Proven marketing expertise with strong aptiLudefor sales management Work Experience 2001- Present Im.e.istics International, Ine. (formerly Pitnev Bowes Office Svsteou) NatWnal Account Manager Digital Messaging/Document Procenlng & ERP Managed Services Solutions Provider: CYtJre.ts KnowlMee ware Solutiofl,f Partner: OEMs lndwk MinQl/a. ~ .. Panasonk. Toshiba. Sharp, &: Heidelbe" among others. Designed &: enginured enterprise- wide digital prillfilllJ & publishing solucions. color printing and 3CJJMing. desktop publishing, deslaop faxing. and rmifled messaging solucion5 (!-irhtllimJ Fax). Naeior/al aecol."t sales management. while mai"ulining SIM existing accoulII base. Summ;c Oub 1003. Qassie Leadership Confc'ence 1004, Ranked .in/nationally. 19"-200. Norstan 'CommQoieatlons, Inc. ',' Accoullt Manager/Communications CO/ISUltant . Techr/ology Solutions and Services Provider; Project Managed converged VoicelDma/Video 1;ncp.'1)ri~i! NelWo'-/cs. Contact Ceneers and W orJifoTCe Management Solutions via IP. Telephotry, Frame Relay. AIM and Unified Messaging technology. . Panners included Lueent. An: SoecrraU1Ik Wireless. Cisco Systems. t4qtran. ucnVorldcom. , Sprint gIJJl SmintPCS. PlccureTel !!!!4 fin.- Slemen:.'. lwaJsu. Asvect. Comver.re. PcovleSoft. ! Blue pu",J;;in, among many others. . Responsible for existing custumer base, while engaging ',ew busmess, - {;M n.tA;] I ~. T I !:::: [l'-'<~ fl..;T d~ {Fftl ) FEEl 1B 200r: 11 : 4 c,/n. 11 : 4 :)jW\ ftlt:;(I(t120 4 9 f' 4 ; Work Experience (Continued) 1997-1999 UniDial CommunicadoDS. Ine. (now Lighcyear Communications) Authorized Agent - GST Communkations, President . Re-marketiTlg A.g~"t for MCI-Wor/dC.{Im. S"rint. Williams. f!lHll%S: offering wide-range. low- . cOSt Tele/dato communications sen'ices to commer-cial cu:,tomer~. . Initiated Strategic Partner and Distribution Channel relations},ips_ . Marwged inaugural regional sales operacion..<:_ . PRESIDENTS CLUB 1995 - 1997 LeI InternationaL Inc. (now Qwest Communications) NatWnDl Account Manager . Responsible for generating new revenue while main/oining exisring -I million dollar base. + Managed National ACCiJunt Suppon Team. which supported existing aCCQunL'f. . Project managed the design, enginee.rlng. and installation of voice. Jaw. and video networks. + Managed respofl3es 10 RFQs and RFPs,facilitaling Executive Pre.senJalwns to Senior Executives of Fortune 500 companies_ . PRESIDENTS CIRCLE Award - 1996. Thomas & BettsINevada Western. Berk-Tek \ 1994 -1995 ManufadJs-rers Representative, ODic HJU Marketing j . Responsible for lTUlruting Premise Wiring Systems and Communications Cable to existing Distributors while generating flew revenue with COlltractors and End-users. Data Proce8sme- Sciences. Corp. 1989 - 1994 Regional Repre:)-entallve + As Data-communicatioTl.$ C...o1f..<:ultant. responsible for design~ procureme1ll. and implementation of Integrated Wide Area Networlc and Local_-trea NetWork :JoluliQl1.f: and products. . Managed national territory of associate brokers. distributors arr.d cu.ftomer ba3e IYhi~e generating new business. . Represen.red over 50 dlJferent manufO.aurus of network systems. data commuuications hardware and related software. Revublic Roller Corp, (formecly Dayco Rubber) 'I' 1988 - 1989 Account Representative + Ma,.keted custom rubber roller recovering sen'ices to the prin(ilfg. paper mill. metal treating~ laminating and related industries. 1987 - 1988 Interactive Comm\loicatfon Systems. Inc. Account Representative ) . Re-marketed data communkariortS hardware and software (ierminal emulation tuul jut: Jransfer) for IBM. DEe and UnisyslBurrougb.<: Mai'!frames atu/ mOSl UNIX Sy.'ilems. PI'rJners included ~Altachmale. Emerald~ Rumba. and Bl..A.ST. OM IMAGI~TI~S BGtA RAT0N {FRI)FEB 18 200C. 11:46/~T.11:4VWj.6"360012049 F' r, Work Experience (Continued) } 1985 - 1987 Automatic D~.t~ Pl"ocessln1l. Inc. District Manager . Responsiblefor MarkeIing data processing services and soflw(Jre. . Supen.ised Account Exea~livcs. aml Client Service Represortative.s " 1983 -1985 Pitney Bowes. Dlctaphone COil). Senior Account Executive . Responsiblefor Major' Account Marketing/or dictation and digital voice communication syslems. CHAIRMANS CLUB. Education 1975 -1981 University of Cincinnati Bilch~/or of F"ne _4rtT Degree, Broaic~ CO"uflulliclltiom; . Alpha Epsilon Rho FraterniJy ) Professional memberships .- Tri-Swle Technology Association, Vendor Committee .- Advertising Quh of Cincinnati + Rotary I"ternational .. Community activities . - Boy Scouts of .America. Distrid CommUlee. A.~('l. Scoutmaster . Kmghu ofColu1!lhu.s. ruurlh Degree ".- . Catholic Order of Forester.f . Cinci1Ul(lliArrsFeslival, TIIC, Sing Qncinnatil - Steering Commiaee + SPEDSQSA - Southern Gateway Cho,us, Diredor of Marketing. Asst. MILSi<: Director -' , . - OB..RA Y B-fACH h/ .. .. .. ... . - .. ~ -"'\ -......, 3 -/ 'j <r:-' M-ArnericaCity ...- ~..~ --~ ,'" I J! CITY OF DELRAY BEACH <_:z.z (_ . ~ _ /-, ~ /---7"~_~__' _J"r-C , BOARD MEMBER APPLICATION .J:;/Il'/o.P"'/" 1993 2001 #-1-07 ase infoJ:IIUtion: Name 1--l L ..u~ 14 Home ~'\d~ess: AI a~.J ;gLvLJ C~EaJz ~/ Zip C~ d3y Legal Residence: City Sute: Zip Code ~ Princip2l Business AddLess: City Sute Zip Code /;1 g e / Sf!- t2b-L ~ ~ 3:3Y~ Home Pbone: Business Phone: E-M2il Address: Cell Fh.ou~ Fax: '-74- 055D .IL 77- g q / .:L- Are fOU a .r:egistered voter? If so, where lle you Legistered? Wlnt Boacd(s) aI:e you lnterested - ~~ . List ill City Bouds on which you ue cuaendy se - g 01: h:lve previously served: (P ease include dates) } ~ List an}' cehted professioruU cectifiauions an~ licenses which you hold: / 0- ~ /z_e~ % .3 - ~ / Give yow: present,. oe most recent employer, and positioc:: ~ - -& , ~~ ~ ~ Dtscribe experiences, skills or knowledge which q1Ulify you to save on this boud: lease alDich :a. brief cesume n '.~ - . X --.L~ . 1 /~~~~~~S€.U--S4 ~;Y. ~ - / sL- M-dn? - -~ ~~ ~~ :ceby certify that all the above statements ue true., :and I agree and understand that any rnisstatem.ent of matenal facts l2ined in lh;, ~ fa,fcitm, "Pan my partof any >ppainlm=t [=y '=ff~ ~ '?-7- <//S-~6 Nt.. n.IRE DATE' - RECEIVED - : This appliCluon will rcrruUn on file in dle Gty CLed's Office foe 2 pe.ciod of 2 yeus from the date it was submitted It will be the :1FpliClot's responsibility to ensure-that:a. current application is cARR~ 2005 SIClLla. AXD\.<U't'Uc...nw C r~"'-" .- \ t:RK i [ 1 '-'" 1..-'- --~--- OElIAY 8tACH /o-9-as ......... /)Jechqn 1,<,,1/ bl'tI:II - All-lalericaCity " II J! CITY OF DELRA Y BEACH f/lfYJ1 bjfl~ BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name: Name 2. City 3. City 4. Srt 3i~ Code - 5. 2'1 B ..lllZS 6. A~USTM~ 7.- . Educational-quali cations: WGES2A~).\ ~N~tN~€I2l,J - - .s. - ) A..A. .. - ~~ ) t.} AbM\lJlS\' MJ 9. List any related professional certifications and licenses whichyou hold: . ~M 2- - (EQ..,Tl R ~jJ 0 ~ MED) tA TllSZ- (,1: E ... t-€f2..,Tl {.1 ED TN\):o~' tMn~m~TA\.J~\ 10; Give your.present, or most recent employer, and position: ili ~ CO"'- _ S~ -<; I_L Describe expenences, skills or knowledge-which qualify you to serve on-this board: (Please attach a brief resume) ,.. - c.e f"lf.: MfQ..\ f\. Hlc.AL N"r~~ - <;, An::. C~~Tl HC::.J) ~lum.~ \t-\6 t6N"T~<....-~ 1 hereby tertify that all the above statements are true, and I agree and un.derstand that any mis~atetn~iJt-of_materi.a1 facts contained in this application may cause forfeiture upon my part of any aPPl!~ritmen! I may receive. .~~. -72-3 --03 SIGNATIJRE - DATE '-fote: This application will re~ain on file in -the City Clerk:'s Office for a period of2 years from the date it was , submitted. It will be the applicant's responsibility t~~nt application is on file. /. ~'3 -t- <6j~ S'CITYa.ERK\BOAIUlIAPPUCATION 1m OCT - ~ 2003 - - CITY CLERK L -l~E.-::''l),:f:;nr_lE) 14:~ T. Y. E. C. fFA.'.{l5tn 274 0222 F'. 1jI,121t1l7(; 07/05/ori TUE 11:12 FAX 5612433774 CITY CLERK lilIOO( DflJtAY BEAGt Y/lfldO ... .... . <C. .. - .. bad 4IHmericaCitr CITY OF DELRA. Y BEACH 'HI'! BOARD MEMBER APPLICATION . 7-7-c7j .1993 2001 cue tint: the (oUo . infoaruuioa: UstN~c: ~ N:une MI. OaN /.ft...o ~ A""",,OR<J"UJ S' Hor:nc Addrt::s3: C Sette Zip Code '(P'3'" LuUSt" pa.. - uy f.)tflfiA G+l FL "3344.r ~ Raidcucr::.:. wry SC;J.t.c ~ Code - P.tia.cip2l-Busincss Ad<hcss: City SOI.tc Zil' Code; 112 S.lT. {(:)T~ a D...ftfiA1 (5cft/ f$L 33493 Home Phone:: 'Busiru::ss Phone: E-MmAddttss: CeO. Phone::: FxJ:: 'c. f- ZI(. - 4-4-03 S"~I:- 274 -. 0 NOQ.f!L) ad=. A. ZIZ, 2G. -(74- . , '1,:1.4--022 ?- 1ue. you. ;J. .t:egisra:ed votar -Yu-s If ~O. wha:e; 1Y:C you ~n::o;d? A!-7 ' . -;4 ~dl ~ Wh:.a.c BoatdClJ) ~ J'OU- intcn:stcd in sa:ving? Plc:uc list in area: o~ l?re6::rcnc.c :pu~~ .r i!-on//,v6 /.?MYZ.-tO . we 211 CU:r Bo:u:cb on which. you:u:c anrco.dy saving oc W,ve previously sa:v-ed: (pIc=<: Uldude du1::::) ) ~ &-v~ /J OA Z::7oZ T.tY4c- ~4- Edu.c:::uio~ ~~oos: 't.-G<7.!"',</z./ ..:AJ L ~tA. . s. a~"-./<rP<./~ o. Iisttty rchtai prokssio1Ul c-.rrtifinltloas ~ li<:.cn9CS which you hold: Sot.d;./ ~~~- r~ ~ '- c,nv6..y~ - fi. 'J"I . . - 2. Dea~ ~o:::J. ,ki11:s oc ~\lrbid1 qu:difyyoa to serre on this boud: (pI=~ch 11. brief taUme) - /JU~ /,./ <3?'V"o:...".,,/ ,,~ . : hereby ccrofydnt:~ the ~ve ~alU ~ O:O<;:J.C.d I 3gtec 2.Od uo.dc:atlUld th2.c ~ mWtuancnr: of.attt.'ai31. &cIs X>oainaI~7~Y"""'e fod<it= uponmyp",:,oI'",yop~Im.yL"""""- RECE\V 0 C ~, . . 7-S'"-0r- iIGNAl:UBE DATE. . - JUl~O'7 2. 5 }roo:: This ~plicatioa. -will xe:aWn on file in d1.c Ci1y Oak."s Office fos:: ~ p~ of2 yo.a from the d:.a.ce ic-wu LER\<. suhmittc:d. It:-will,bc thc. :a.pp1ic:xn(:r X:Cllponsibilit;y t:'O cnsw:c-dut ~ cw::rc:oJ: :J.pplic:uioa. is ~oH . _L -l:l:.-::''l:::J.:t:.(_II)l: J 14:~ I. '(. t:... I.:. (rAX)~~;1 ~(4 ~~~ 1-'. I,:....j:j/ 1,:1I,:t:~ ANDRaNJ.YOUNGROSS 636 West Drive Delray Beach. Florida 33445 (561) 276.0274 E.C!UCA TIO.JJ; 8183 . 5/86 Florida Atlantic University, Boca Raton, Florida Bachelor of Science. Electr';cal Engineeriog 8f76 - 5178 Broward Community College. Coconut Creek. Florida Associate of Arts Degree BE.Gl$I.BAILO.NS.: E.I.T. . October, 1991, PE Georgia 1997, PE Florida 1997, PE Alabama 1997. California 2002. Virginia 2002. South Carolina 2002_ EMe1-0XMENT: March 2004 0 Thompson, Y oungr05s Engineering Consultants, LLC, Delray Beach, Florida Present (561) 274-0200 As a principal of Thompson, Youngross Engineering Consultants. I oversee the Electncal design documents and coordinate all work in the office. I continue to perform site investigations, meet with clients and design electrical and mechanical systems, September 1999 - Youngros5, Cardenal & Associates, Consulting Engineers LLC, Oelray Beach. March 0 2004 FlOrida, (561) 276-0274 President A~ril 1998 - Youngros5 & Associates, Consulting Engineers, Oelray Beach, Florida (561)- 2 6. September 1999 0274 President As president of Y oungross & Associates. I oversee all design documents and coordInate all work in the office, I continue to perform site investigations. meet with clients and design electrical and medlanical systems. ) August 1995 - RA Kamm & Associates.. Inc.. Boca Raton, Florida (561)-995-8636 April 1998 Project Manager, Principle My responsibilities at RA. Kamm & Associates included, site investigation of existing as-built conditions. construction cost estimation, power distribution design, stand-by power generation, power studies. submittal approvals. lighting calculations and layout design. design of automatic fire alarm and smoke detection systems, and field inspections. Other responsibilities included project management and electrical department head_ July 1988 - Blakely.Ward.Stuckey of Florida, Inc., Pompano Beach, Florida (305)-781-8422 August 1995 Design Engineer My responsibilities at 8WS include, site investi9ation of elCisting as-built conditions, construction cost estimation, power dIstribution design. stand-by power generation, CAD Maintenance. power studies, submittal approvals. lighting calculations and layout design, deSIgn of automatic fire alarm and smoke detection systems, and field inspections. June 1986 - National Security Agency. Fort Meade, Maryland July 1988 Project Engineer, Design Engineer Leadership Communications Systems Department: Digital hardware design engineer tor a digital desktop telephone. The stUd~ and implementation of various encryption modules for use in microprocessor app ications. Office of Faculties Engineering: site investigation of elCisting as-built conditions. construction cost estimation. power distribution design. load center sub-stations, CAD drafUnfi' power studies, design ot automatic fire alarm and smoke detection systems. fig ting design and field Inspections. ) ,gWLMI'-O.H$: NFPA. FES. IEEE HOBBIES: Golf. Remote Control Model Airplane building and flying. Chess MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # - REGULAR MEETING OF SEPTEMBER 6 2005 APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD DATE: SEPTEMBER 2, 2005 The terms for Mr. Mark Gregory and Ms. Nancy Stewart expired on August 31, 2005. Mr. Gregory has served one (1) full term is eligible and would like to be considered for reappointment. Ms. Stewart has served two (2) full terms and is not eligible for reappointment which creates a vacancy for a regular member to serve a two (2) year term ending August 31, 2007. The terms will be for (2) years ending August 31, 2007. To qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City. One member shall be a registered architect, one member shall be a registered professional civil engineer or a registered architect, and one member shall be a landscape architect or a person with expertise in landscaping or horticulture. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "An attached: 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 Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3) for two (2) regular members to serve two (2) year terms ending August 31, 2007. Recommend appointment of two (2) regular members to the Site Plan Review and Appearance Board for two (2) year terms ending August 31, 2007. SIte Plan Review and Appearance Board Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT "A" Shane Ames Architect Paula Aridas Public Relations (also applying for the Planning & Zoning Board) Ronald Brito Contractor (currently on the Board of Construction Appeals) (also applying for the Planning & Zoning Board) Sara Coen Attorney (also applying for the Board of Adjustment and the Planning & Zoning Board) Carolyn Farnham Property Management Bruce Gimmy Retail Owner (also applying for the Planning & Zoning Board) Mark Gregory Sales/Consultant (Incumbent) Charles Halberg General Contractor (currently on the Board of Construction Appeals) (also applying for the Planning & Zoning Board) Loren Levinson Educator (also applying for the Planning & Zoning Board) Nicholas Loeb Real Estate (currently on the Nuisance Abatement Board) (also applying for the Planning & Zoning Board) Conner Lynch Insurance (also applying for the Board of Construction Appeals and the Planning & Zoning Board) Pearl Markfield Elrod Realtor (also applying for the Board of Construction Appeals, Planning & Zoning & Board of Adjustment) Eileen Marks CSRlBanking (currently on Nuisance Abatement) (also applying for the Planning & Zoning Board) Gail-Lee McDermott Administration Bryce Newell Realtor (currently on the Board of Adjustment) (also applying for the Planning & Zoning Board) Michael Owens Senior Planner (also applying for the Planning & Zoning Board) Samuel Resnick Code Administrator/Engineer (currently on the Code Enforcement Board) Jerome Sanzone General ContractorlBuilding Official (also applying for the Planning & Zoning Board) Andrew Y oungross Engineer (also applying for the Planning & Zoning Board) SITE PLAN REVIEW AND APPEARANCE BOARD 12/04 TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE 08/31/2006 Jose Aguila Ardutect Office: 276-4951 Appt 01/03/05 UnexpIred Currie, Sowards & Aguila Architect Home: 964-9377 134 NE 1st Avenue Cell: 358-4870 Delrav Beach, FL 33444 08/31/2006 Daniel Carter, 2nd Vice Chair Landscape Office: 272-9621 Appt 07/02/02 3204 Lakeview Drive Architect Home: 637-8542 Reappt 08/03/04 Delray Beach, FL 33445 Cell: 239-8284 ~ 08/31/2006 Roger Cope, Chair Architect Office: 274-6706 Appt07/02/02 1005 Ingraham Avenue Home: 274-7188 Reappt08/03/04 Delray Beach, FL 33483 Cell: 789-3791 08/31/2006 Reginald Cox Planner Office: 865-1915 Appt 08/03/04 5677 Pacific Blvd #2411 Home: 347-9131 Boca Raton, FL 33433 Cell: 573-1131 Fax: 865-8225 08/31/2005 Mark Gregory Real Estate Office: 716-4531 Appt. 10/15/02 Unexplfed 18 Salina Avenue #29. Home: 716-4531 Reappt 07/22/03 Delray Beach, FI 33483 Fax: 279-8170 08/31/2006 Christina Morrison Realtor Office: 330-1200 Appt 08103/04 2954 Florida Blvd Home: 272-6788 Delray Beach, FL 33483 Cell: 573-7083 08/31/2005 Nancy 1- Stewart. Vice Chair Graphic Designer Office 274-4663 Appt. 07/24/0 I 227 S Swinton Ave Home 279-9627 Reappt 07/22/03 Delray Beach, FL 33444 Contact: Loretta Heussi, X-7040 SlCity ClerkIBoard 03/SPRAB V> -<z (] 3: :xl :xl NO . Z n -. ~ =" ('l) 0 g,~ 0 ~ ~ ~ rIJ (') = ., ., IJeI IJeI -< ::. ('l)' ('l) (') -. -. ('l) (') ="" = [ (]"< rIJ ., _. ('l) > - ~ (') - =". -. C':l (] IJeI = - ('l) (] III e.oo ~ ., Q. 0 (]~ = 0 ('l) (] "Cl -. ., ., - 3: IJeI ="::1. - a. ('l) ~ ~ ~ 0 0 ~ ('l) > 0 ~ ~ (] -. ., g ~ ., ., ~ :> ., ., =" 0- r- -. ~ ., rIJ :> 0 -. () = ., " c:: <:> ::s v. 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I ""= ""C ""C ""C ""C ""C ""C '" ~ It n ,- ~ ~ . = 0 ~ ~ 0 00 tr.l .., ~ 0 () ~ Z 0 -< 0 tr.l () O~:.' 0--1/ ~I)OC:; .-..-.. cc ~74E.44'3 Ar.,ES IE':',I''il I PA(iE O~/03 --' -'-~ 08'06/05 FRI 10 0; F~~ 66124~3774 CITY CLERK ~OO~ OfUlAY Bt=A.C1-t is! S-/Dl or " .. ... c _ ... .~^"..... ~City " II I! CITY OF DELRAY BEACH ;k{!};/k cf- BOARD MEMBER APPLICATION 1 9'93 2001 in b:>t:m"'-lio= ML i ::\l-5 \ .Are you a J:cgistcJ:e:d vo~e:I:? Wb:u: Boacd(s) ace you In<:o:r<:sced In ..erring? PJ~e: lisc in ocd= of" p~crcn= \-\ "e Yr \' - V ch you -= CUD:CCldy sc::cviog DC have previously ~~ (l?'l"=2Sc iP.dude m<:=) CiS - 01 _ . 0_ ,,-~~th ve &ClI.~crncne,. care ttu.e, ......d I ~ 'U1.d undemand iliac.ny misst2ltan~c of au.ceO:al 6a.~ ou'l:l12:f" CIllUSC facfcit1.u:e upon my pA.rt of 1O.Y2f>pomancnc I ID1Y receive. 8 ( 5 105 ;[ DATE 'fote: This :q>pliCl'ltion will r<==i:n on file io the Cicy Oa:k:" s Office for "'- pc:ciod of 2 Ycu::<l ~D1 <he date it W25 sub~- It -will. be the applic:ancs C<:SPOOSloj)iry co eo.sure du.t: '"- CUJ:I:cnCO "'pplic:a.t1on IS ~not< RECEIVED AlJG - 5 2005 CITY CLERK . A~.@~.g~~ A~g~. ~ 9if~ ~g~ f!71uJ/~!!Z~ . .. . WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL Shane Ames, multi-talented, creative and a Florida licensed Designer and Architect, formed Ames Design International in 1985 with his business partner, Maria Dechantsreiter. The finn has enjoyed tremendous success ever since, contributing approximately a. bilhon doUars to the industry via the construction of luxurious, single family homes. We were involved in the documented renovation of a historic house located in the PROFESSIONAL HISTORIC PARK DISTRIC'f, Del-Ida Park in Dekay Beach, Florida. This gem became the home of our new offices in December 1996. Once completed, it was included in the Delra.y Beach Historic Society Homes tour. .- Shane Ames specializes in very high-end custom designed residences.. His work has been featured in most of the leading architectural magazines such as FLORIDA ARCHITECnJRE. UNIQUE HOMES and PROFESSIONAL BUllDER, just to name a few. One of the models he designed, "'IHE WESTBAY," won five awards at the coveted "Pinnacle Award for 1990" ceremony at the Crocker Center in Boca Raton for BEST- ARCHITECllJRE, BEST MODEL, BFSr INTERIOR DESIGN and BFSr LANDSCAPING. Shane's work for Interior Merchandising won the PRISM GOLD . AWARD in 1995 for the midrise, "La Sandnaire." We are proud that the popular national magazine, FLORIDA DF,$IGN. has given us recognition via an unprecedented 20-page coverage on two of our unique single family residences in the Boca Raton area in their Winter 1995 issue (Vol. 5, No.3), a fean.u-e in their Sununer 1997 issue (Vol. 7, No.2). We were featured again in the Winter 2000 issue (Vol. 10, No.4), and recently in the Spring 2001 issue, giving us special prominence via an IS-page article publicizing two of our homes. Shane and his handpicked staff SeIVe an international clientele who demand the best in dramatic and sophisticated house design. Shane's impact upon the architectural beauty of South Florida is evidenced by the several thousand residential designs in all the leading and prestigious Yacht, Golf and Tennis Country Club CommunitieS, as well as Oceanfront and Intracoastal areas. ..?t7J!W~~~~.1'J~ j7'~JJ~~~ 9;{'s6'/-..?;V-6'~~~ AAC001720 . j7'a.z.o S6'/-.?7~-6'~~.9 . , -2- . . Shane designed the original Sales Center in the luxurious St. Andrews Country Club, and continued with cre.ating some of the most duplicated and sought- after models named "ARLINGTON ," "HAMILTON," later renamed "OAKBROOK, " "MANCHESTER," "BARRINGTON," and "MANSF1EI.D." Shane designed about every fowth residence in the St. Andrews Country Club. We :take you from your initial consultation through to the production of architectnral plans, detailed interior drawings to securing the highest quality builder best suited to construct your home. We are conunitted to providing personal attention to all phases. " WE WELCOME YOU TO EXPERIENCE AMES DESIGN INTERNATIONAL -- . , . , I , . AHUJ.J-!W~ !7~~ ~~!f~~ Jl1~~g,k~/@~!!Z~ . StlANE'S tlOMES GRACE COMMUNITIES SUCtl AS: ; IN FLORIDA SANCTUARY, BOCA RATON . SUN II SURF CLUB, BOCA RATON . ST. ANDREWS COUNTRY CLUB, BOCA RATON BOCA BATH II TENNIS CLUB, BOCA RATON WOODFIELD COUNTRY CLUB, BOCA RATON WOODFIELD HUNT CLUB, BOCA RATON THE SEASONS;-BOCA RATON BOCA RATON POLO CLUB, BOCA RATON BOCA GROVE PLANTAnON, BOCA RATON BONIELLO'S ACRES, BOCA RATON LES JARDIN, BOCA RATON LONG LAKE ESTATES, BOCA RATON . LE LAC, BOCA RATON . BOCAlRE COUNTRY CLUB, BOCA RATON OLD FLORESTA, BOCA RATON BOCA MARINA, BOCA RATON HORSESHOE ACRES, BOCA RATON ENCANTADA, BOCA RATON FOX LANDING, BOCA RATON ROYAL PALM YACHT II COUNTRY CLUB, BOCA RATON STONEBRIDGE COUNTRY CWB, BOCA RATON EAGLE TRACE, CORAL SPRINGS THE HAMLET, DAVIE ~I7J!W.r.iU1J~ ~~ j7~JJ~~~ 1 g){. .j"6'/-..!7~-6'~~~ MCOO1720 j7a.z:" .j"C/-..!7~-6'~~.9 . STONEBROOK ESTATES, DAVIE SUNSHINE RANCHES, DAVIE FOI CHASE, DELlAY BEACH lAS PALMAS, DELRAY BEACH .' MIZNER COUNTRY CLUB - . MIZNER'S PRESERVE, DELRAY BEACH DELRAY DUNES, DELRAY BEACH DELRAY OCEAN ESTATES DELlAY GOLF II COUNTRY CLUB, DELRA~ BEACH . DELRAY ESTATES, DELlAY BEACH STONE CREEK RANCH, DELlAY BEACH SEAGATE, DELRAY BEACH THE HAMLET, DELRAY BEACH TROPIC ISLE, DELRA Y BEACH ADDISON RESERVE, DELlAY BEACH BARCELONA ISLES, FORT LAUDERDALE -- CORAL ISLES, FORT LAUDERDALE DAWSON'S POINT, FORT LAUDERDALE NURMI ISLES, FORT LAUDERDALE .:: ISLES OF PALM , FORT LAUDERDALE . SUNRISE KEY, FORT LAUDERDALE . EIOTIC ESTATES, FORT LAUDERDALE , GREY OAKS GULF STREAM ~ HARBOR BEACH, FLORIDA . -. :-- ~ ~:=:-_~'~':' .,.HIGHlAND BEACH ROYAL COVE AT BOCA HIGHLANDS, HIGHlAND BEACH HOLLYWOOD - . - - ,:. : --~': OCEAN WALK, HOLLYWOOD BEACH HYPOLUXOISlAND BALLEN ISLES, JUPITER .2 . ~UPITER INLET BAY, JUPITER AMGELFISH CAY, KEY LARGO LANTANA UGHTHOUSE POINT . "MANALAPAN . GOLDEN BEACH, MIAMI PIMECREST, MIAMI GABLES, NAPLES QUAIL WEST, NAPLES . . QUAIL CREEK, NAPLES , ROSEMEAD AT WYNDEMERE ESTATES, IlAPLES VlINDSONG HARBOR, NORTH MIAMI BEACH HIDDEN KEY, NORTH PALM BEACH OCEAN RIDGE DUNES OF OCEAN RIDGE, OCEAN RIDGE PALM BEACH HARBOR ISLES, PALM BEACH PALM BEACH POLO CLUB, PALM BEACH - . CASA DE MARBELlA, PALM BEACH GARDENS J.D.M. COMMUNITY, PALM BEACH GARDENS . FRENCHMAN'S CREEK, PALM BEACH GARDENS MIRASOL, PALM BEACH GARDENS .. SAN MICHELE, PALM BEACH ~DENS " CYPRESS HEAD, PARKlAND IN THE PINES, PARKlAND . PINETREE ESTATES, PARKlAND BEL AIRE AT GRAND PALMS, PEMBROKE PINES SUNSHINE ACRES, PLANTATION . : ,. ---lONGBOAT KEY SORASOTA , LAUREL OAK, SARASOTA PRESTANCIA, SARASOTA 3 . PEBBLE BEACH, SARASOTA SINGER ISLAND WILLOUGHBY COUNnRY CLUB, STUART STILWELL ISLES . PROSPECT PARK, TEQUESTA EQUESTRIAN CLUB, WEWNGTON WEWNGTON BREAKERS WEST, WEST PALM BEACH . EGRET LAKES, WEST PALM BEACH WESTON HILLS COUNTRY CLUB, WESTON .- . . 4 ---- . 011-1 ER STA TES 11-1 ROVGHOvr 11-1 E V.SA. .1AHON~AN, CAUFORNIA . ASPEN, COLORADO - - BEAVER CREEK, COLORADO , ; DENVER, COLORADO CHICAGO, IWNOIS L'ESPRIT, lA GRANGE, KENTUCKY . WARDS POINT WEST, NORTH CAROUNA . MARION, OHIO BATAVIA, OHIO CITY OF lAKEVlAY, TEXAS VIRGINIA BEACH, VIRGINIA .- . . . . " . s .-- - - - , . . . I INTERNATIONAL LOCATIONS, '. . .. - . FREEPORT,B~ ; IlASSAU,B~ LYFORD CAY,IEW PROVIDENCE, BAHAMAS : OCEAN CLUB ESTATES, PARADISE ISLAND, GRAlD BAHAMAS ST. JOHN, U.S. VIRGIN ISLANDS ST. THOMAS, U.S. VIRGIN ISLANDS CURACAU, IETHE~tAND ANTILLES ST. MAARTEN, NETHERLAND ANTILLES WOODBRIDGE, ONTARIO, CANADA ' QUEENSTOWN, -NEW ZEALAND LUGANO, SWITZERLAND ~ MONACO, PRlNCIPAUTY OF MONACO . , , . . ," , , . , . , " . ' 6 . . . . . A~>~~g~hAd A~ g i0'~ ~~~g~~/~!!Z~ . '" COMMERCIAL PROJECTS IN FLORIDA ; - Health Spa & Massage Center, Boca. Raton ~ State-Of-the-Art Dental Office Facility, Boca. Raton , A State-Of -the-Art Veterinary Oinic, Boca. Raton A ~t Townhouse Complex in Deerfield Beach 100 Quadraplex Units in Boca. Raton Affordable CommWlalliving Facilities poss~ly located on Disney World Property in Orlando Award winning "Casa La Brisa" S-unit Cowtyard Town Villas with individual pools in Delray Beach (off Atlantic Avenue) "Seagate," a 14-unit Town Villa Complex in Delray Beach 12-story Townhouse Condominiwn Complex in Highland Beach . 1O-unit, Five-Star Condominium, Via Marina Courtyard Townhouses, with docks on the Intracoastal Waterway in Delray Beach Another award winning Multi-Family Bermuda Style Courtyard Townhouses, .St George's Landing" in Delray Beach "Place Des Arts," a S-story luxury Condominiwn on Hendricks Isle, Fort Lwderdale Two Video Warehouse Concept Stores in Delray Beach and West Palm Beach Three "HaircolorXpress" Beauty and Hair Salons in lighthouse Point, Margate and Coral Springs The Amadeus Gounnet Bistro, Pompano Beach Thscan Wine & Pasta Shoppe, Pompano Beach .2t7.J~~~$j~ jr~.J.J~~~ 1 gj{. .J'tf~-.27~-6'4'# AAC001720 jra.%;. .j'tf/-.27~-6"#.9 . . '!\vo uniquely designed Card Shops, one in Wind Song Harbor, North Miami Beach and the other in Ocean Walk, Hollywood Beach A 5-story Luxury High-Rise named cvrhe Renaissance at The Oceans Edge" in DeIray Beach '" . . Architectural Design for many of the" Aragon" Luxury Condominiwns in Boca. Raton Architectural Design of a twcHtory 4-unit Penthouse at the "Toscana" Luxury Condominium in the Sky, Highland Beach Luxury 2, 3 and 4-story Townhouse Complex Resort, plus custom single family homes in "Gardens at Highland Beach," Highland Beach . . Elevations and Floor Plan Redesign and Renovation of "'Ilte Estuary" Luxury Townhouses on the Intracoastal Waterway in DeJray Beach Renovating and Redesigning an existing Office Building in the heart of Downtown Delra.y Beach into Luxury Mini-Apartments. Renovation Design for the Sheraton Four Points Hotel in Pompano Beach Design of Elevations and Floor I..a.youts for the Hampton Inns Hotel O1ain State-Of-the-Art .Pearle Vision" Eye Center in Boca Raton, #1 in the nationwide chain A family oriented total Resort Hotel with a Dinner Theatre and Shops designed with - ,- conversion to Casino in mind, Orlando Area Renovation of the "Helen W1lk.es Hotel" in West Palm Beach . . . 2 ---- ----- - . . -- -- --- . . . . . .. COMMERCIAL PROJECTS - NATIONAL & INTERNATIONAL " Bahamian Resort in the Bahamas Unique Bed & Breakfast Concept Resort to be marketed nationwide . . .- . '. . . , 3 DELRAY BEACH f l 0 << j 0 " ***** All-America City CITY OF DELRA Y BEACH 5-- ILl -c/0 ~'II J! BOARD MEMBER APPLICATION 1993 2001 Please ear rint the followln information: 1- Last Name: Name M.1. 2. Home Address: State Zip Cede 33~4: 3. Legal Residence: Zip Code 4. Principal Business Address: City State Zip Code fi7ET.. JQ e D 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~/.... - t)6/...~76-S5~ 6. Are you a registered voter? If so, where are you registered? 'Ii. 7. What Board(s) are you interested in servmg? Please ItS! in order of preference. .eM.. 'L C - . . . (;. a rJ. 8. List all City Boards on wh1ch you are currently serving or have previously served: (please include dates) NoN 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which quahfy you to serve on this board: (please attach a brief resume) ~/j P.IJ:}NN/A/G R~/JRJ\ JvJk~8L:;.~ Bon,(1/) ~ I' . . L. . . tJ I hereby certify that all the above atements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. -?a~~/'# . d/l--l~ 3NA TURE Note: This application will remain on file in the City Clerk's ce or a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ens~~tfa1 a7c~4t application is on file. S\CITYCl-ERK\BOAROIAPPLlCA T10N CITY CLERK ------ 1955 N.W. Tenth Street Delray B~h. Florida 33445 May 14,2004 , .Mi. Karen ScheII' : , ,~.~, , ~ecUttve 'Msistilqt q~ J)f.Q~lray, ,Beach lOO~'N';W; l'"'A,venue , Jietfay ~eacli Florida 33444 u. Ms, Schell: I strongly believe in' participation in the community. Perliaps my previous experience can be useful on one Qf Advisory Boards itJ. The City ofDelray Beach. PLANNING~OARD: , ne Board, of Trustees ofthe1ncorporatcd Vd1!lge_(}fRoslyn;Nassau County, N~w York. appointed me as 'It,rti~r ofthePI~g Board lu1997) serve(furitiiJutie'~603 when I left Roslyn to live in Delray Bea,ch: ... ,I _ _ -, /,'. , 1)e'~Q~YJi Pl~ BOlP'd:isciead.;agtUlCY i!t~g ~e, sp.!>~iv.~~iqIl&; sit~ p~ and plats and landscaping: -nre'Bbard'is guided by the MaStel'-'Pla'i1'fu;protecifug'iheiliilisides;'w~tem:ont, historic vistas and its architectUral heritage, which include seven pre-Revoh.itionary structUres and one-hundred-ten pre-Civil War buildings in its four Historic Districts. ';~:' LAaORR:ELATIONS: _ I servecr,'u oneoffour Shop'Stewards-at large-teprS'Sentfug'Loca1J',Jo, 3 International Brotherhood of , " Electii9tll Workers, AFL-eIO, in ari aireemettt w.ith~Ps Medical Systems of North Amerita. The Union represents one-hundred-six X-Ray SeiviCeE~rs. BetW;~I!-'1983 ,and 1995 ~ participated,.in (put full cop-tract neg~ti~ionS; from negotiation of positions to ~~)o counter proposa1s'andrecoinnie:ndatiqris t'<it:!iPPrgVal. hIS(> have'experience in mo~oriPg ,c;9~~ ~mpl~Ce, th~,grie~~e ,p~ess. a~t!~~r~~,~litIiCts~~~~n-membet:S aI1(tmaitag~t. 'r- .-~ ' -. S~ely, .. ~~rPf~; , Paula Midas , ' , ' ------ - --- ('I ell' c..:J U"t' U"t'; U.:lr-' c. I I .... '" I 'f" I - J. ~ '" '-- U 11 .... I- eI C; .... 0 r- ~ \~OJ.'c./;;:J-U.:l";)~ p.e CITY CLERK - ~~- 03/29;04 KON 11:37 FAX 561 243 3774 .5 -J- f/,e'/('p Dfl,lAY BEACH f!o~:h~~ * r- .....~." tr1td MIInoL.n CITY OF DELRAY BEAc;H 'lilt BOARD MEMBER APPLICATION 1993 2001 . infODD3r:ion: 2- 3. II ... Sate Zip Code - ;{5"5'l W",bb A-OC.l1v c:. 5. Home Phone: Businus Phone: 51.' - , - I -93 z, ~ ~'&'f - 03 (I 6. AIc you . reg'l>tc.ted 'O'ora? e 7. Hrl ~(s) an you. ~tcd in ~? Please &in in C?f.cr of. ..s .CA.\ rc::~~....vct.+,O -:s. c=:.. ~"-: ~':>~. B~. ... ~ ~ 8. List ill at}'" B ds On 'J.'hich you arc C"IUTUld}" KfV'i.ng O1lu~ ~oudy ICSTcd: (Pkasc include chtes) - e..on , Cj8-2.oa::J Z~Z- . 9. JO. .List any rdzted prtlfcssio~ artWClItiOtlS and licaues which l;u hold: ...::I-r Su I 2. - 0 I c. - . - 8 13w .. ,'.,J c:;. . Cat.' . - Z- 11. Give yaW- pre.em. o[ mon r:cc:ot cmploy~. aDd position: . G If=- ( ~ c: c., ,.-T . ~. ~~ 1-e:~..d-'~~"5 Nmc Thi$ application will remain 00 file in tb~ City Oerk's Office for a period of 2 ycm from the date: it wu 5ubmitttd. It wiII be the app]jcaot', responsibility to ~\UII: mu a c:arrart apPUCl.OoD it 00. file:. ~llllM RECE'VED MAR 2 9 2004 C\TY CLERK Mar c~ U4 U4:U:::Jp I:.nterprlse Contractors l ~o 1 J c'/~ -U:::J:::J~ p.3 RON BRITO, GENERAL CONTRACTOR 198 S.E. 21h Avenue Boynton Beach, Florida (561) 441-1767 WORK HISTORY: 1965 -1979 Fourteen years as a framing and finish carpenter in Riverside, San Bernardino and Laguna Beach, California. Production framing on several multi-family complexes. housing tracts, and high quality custom .finish work Seven years as Carpenfer, fwo yeurs as Leadman, five years as Foreman on new residential and commercial projects, as well as renovations and remodeling. 1979-1983 LICENSED BUILDING CONTRACTOR /CALIFORNlA Lie. B-388997 Spent jive years subcontracting and running framing, sidmg, trussing, floor joisting, and stair installation on multi-fami/y complexes from large contractors. During this time, I contracted new single-family homes, additions, remodeling. commercial roofing, and commercial tenant improvements 1983 - 1985 Job Superintendent on custom housing in the Nashville. Tennessee area for one year. Subcontracting framing, trussing, and sidingjobs for the next two years. 1986 -1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lie. CGC-047369 Worked at "The Township" as Punch-Out Foreman for one year. Worked for David Jones Constructiun at Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight-pIa wood frame multi-family units. Worked for Davis Brothers as Superintendent on Brighton Lakes in Boynton Beach, building 36 wood-frame duplexes. Constructed custom housingjrom Manalapan to Sf. Andrews, Boca Raton. Received General Contractor's License in February 1989 1989-1991 LICENSED GENERAL CONTRACTOR/lJ.S. VIRGIN ISLANDS Lie. 2-01392-92 Traveled to St. Croix after Hurru:ane Hugo for 5 days to bring supplies and help restore power and water to units of condominiums jar a friend. Agreed to come back to restore two houses. Restored j()urfeen residences, two commercial buildings and six rental units. Also completed work in St. Thomas and St. John on custom homes. Acquired General Contractor's License in the Virgin Islands in February 1990. Returned to Florida in July of ]99/ and began new additions and remodeling projects. After Hurricane Andrew, I opened a field office in Miami jar restoration work My Miami o.ffice completed 16 residential restorations and about 32 ruu,fing projects Mar c~ U"l- U"l-:03p EnterprIse Contractors 1561J279-0335 p.4 RON BRITO, GENERAL CONTRACTOR Page 2 1992 -1993 Was asked to take over operatIOns of Falkav Constructwn as General Mgr. and to qualify the company. Falkav Construction was, at that time, under contract with the City of De/ray Beach for the new Tennis Center (2.5 million-dollar contract) and was engaged in .~chool projects jor districts from Lake Worth to Miami-Dade County, Although, afier a thorough research, I decided not to qual!/Y Falkav, I brought the Delray Tennis Center to substantial completion 111 time for the Virginia Slim Tournament, and all of the schoo/jobs were in line. 1994 - present Owner and President, Entelprise Contractors, Inc, Enterprise has completed many local re.'iidential and commercial projects since if's inception, including new construction, additions, remodeling and historical renovations (such as the Sandoway House Nature Center in Delray Reach). In August 1995, I was appointed to the Construction Board of Appeals in Delray Beach, and I was the Board's Directorfor a 2 year term. I'm still serving on the Boardfor 2003 to 2005 PERSONAL HISTORY: I am 57 years old. married, and have four children. I have two years of college, majoring in Business Management. 1 am an acflve member of my church (SDA). where I have been a Deacon for 14 years and am currently a Sabbath school teacher for young adults. I also sit on fhe Church '.'I Building Committee. I own a home in Boynton Beach, where my family has lived for 19 years, and I am a member oj the Architectural Review Board for the Vernon Heights Property Owners' Associarion. I am also a i8-year member of A.A. and am aclive on several committees. Tennis, surfing and jogging are my favorite pastimes. DELRAY BEACH .4Uy '''O..OA ***** 5~/o-CJb All-America City , III J! CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 1993 2001 Please rint the followin information: 1. Last Name:CQ(::'J-J Name~ M.L R.-A- ::r: 2. Home Address: City State Zip Code 1'2-03 NE ?r/; Ave, ;l) e.-I B-eA Uz rC -'3 <iS3 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" I) ;;ri" 6 - '$ <0 ~ 6. Are you a registered voter? If so, where are you registered? ,,(]O ~ _ 7. What Board(s) are you interested 1n serving? Please list in order of preference: ". 7/a 17/1/ $,J.€- . J<<2/l I!e.vi~ /I'ld. eA;e4-:n ce tlci . or /!1 cI C/ ~. List all City Boards on which you are currently serving or have previously served: (please include dates) /Jo 10<= 9. Educational qualifications: , 7>0 crO~ .- f ~'s -Z:>(.) C rD < ^? '" s?C-/'C. ~ LA-tAJ. _ 10. List any related professional certifications and licenses which you hold: ;Flon-JA --o.n-~ CAndl'c!Af.<. -;JlJl.'o _ C~hY!<f1 C.ourr H -e.d,,'A--f""CJ e /2 -eA/ - :;r;q rG t." c.e..n:>e . ~ 11. Give your present, or most recent employer, and position: f3.uJ-e.lJ.-(A-V.9. 104) l-.srr> cr Gtrrr r 4p,eds C4/~. Cf r. ) W -e..::>r ?hf/Yl 0.... ..;e-/on'chq ~ La... u.l C/~,.eK (bJoz.. 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) 11l/ln' cui -I--CIr?-V1 <?x n't'rice.6 , , n C'lJru $Ov,.,~ /l-~"C.4 a..-n.,J 1/.:5. Good . -'7} e~'krDlZ- 4 Know/-ed o~ co / r-vr,q.-(' 0'4 ~d /e ~ & ~e-e..S ' Y4-~ ~/1OW /.e. cl a,c ~eA/ <E'~ ~ '/?:) ~. /luenT 11'1 -S- /~ ~es I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in thls application may cause forfeiture upon my part of any appolOtment I may receive, ,~ ~.7;t/a"',(- J1GNA DA EIVED Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibMM'to1ei>tillMtat a current application is on file. SICITYCLERKIBOARDIAPPUCATlON _._'-1 ,",It: C" Sara Co~n 1203 NE 9th Ave. Delray Beach, FL 33483 (561) 278-8013 saracoen@hotmail.com Objectives and Strengths T am an attorney with a Master's in Trade and Banking, and European Law, currently completing an LL.M on Taxation. I /ill be sitting for the Florida Bar on July '04. I am a Certified Country Court Mediator fluent in five languages. 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 careful listener. · Comfortable working with diverse multicultural perspectives, and presenting alternatives for conflict resolution. · Doctoral Degree in Common Law and Civil Code System with professional experience in the 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 International Trade and Banking. Universit6 de la Sorbonne. Paris, France. Studies of Master in Commercial Law and European Community. International Court of Justice. The Hague, The Netherlands. Private International.Law,Certification. Universidad Iberoamericana. Santo Domingo, Dominican Republic. Juris Doctor Summa Cum Laude. Universit6 Paris X Nanterre. Nanterre, France. Bachelor in Arts in Business Administration of Tourism Enterprises. Legal Experience DISTRICf 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). T,aw Clerk. Unlicensed Practice of Law Division. ~nducted legal research, wrote memoranda and affidavits. Practical litigation experience drafting subpoenas, preparing pleadings and interrogatories, participated in depositions and interviews. INTER-AMERICAN DEVELOPMENT BANK. WORLD BANK GROUP. Washington DC. (6/93 - 5/96). Legal & Summer Intern at Budget and Evaluation Office. Project Consultant atProjectAnalysis Department. Wrote internal publications regarding ex-post evaluations of judicial and social reform; and gender issue projects in Latin America. Worked with judicial refoon projects, alternate dispute resolution, conflict mitigation and trade barriers. ORGANIZATION OF AMERICAN STATES. Washington DC. (10/92 - 5/93). Legal Intern. Legal Department. Performed research 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. Silk manufacturing corporation. Prepared and negotiated licensing agreements. Worked with copyright registration. Other Professional Experience YUPI INTERNET INC. (Currently YupiMSN). Miami Beach, Florida. (6/97 - 6/00). Content Editor and Business Developer, Founding team member of company purchased by The Microsoft Network in 2002. Responsible for content. Drafted and negotiated strategic alliances. Prepared presentation for investors. CARDS FOR WOMEN. Washington DC and Delray Beach, ~lorida. (6/95 - 12/99). Founder and Marketing Director. Specialized in reproduction 0/ artwork. ~laced company on the list oftop 100 US Hispanic Business. Client list included Walt Disney, Coca-Cola, Exxon and ~itibank. Participated in White House presentation for Hillary Clinton. CONSULATE OF THE DOMINICAN REPUBLIC. Paris, France. (1/88 - 5/90). Assistant to the General Consul. Handled commercial receipts and visa documentation. Served as liaison and translator for investors and diplomats, -. . . <g-/{)-cJ& DRIlAY BEACH -RcfPr~ 034 ....... .......* fiifr CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 information: MoL 2. State ~ Code 'Ft- . '1BJ 3. State Zip Code Bt7Ic# ':'t.., $.$ 4. State Zip Code gocfI t:L- 354/ (J - 5. Home Phone: Business Phone: Cell Phone: Fax: St.1 jJ ~ r~s1 .5111 2,1,5 3272- St.1 ~S. 5., 54 6/ Z'S. .3"6 6. Are you a registered voter? 7. 8. list all CitJ. Boards on which }'Ou are cunendy se or have previously served: (please include dates) I U }.(, fAl, ..s -- 9. .s~7C O~ ,< 11. Give you~resent, or mOSt recent employer. and position: . J.t I) .eo panE. A. ~e-c uniJE' AS~/S7JNr 12. Dcsaibe expenence5. skills or knowledge which qualify you to serve on chis board: (please attach a btief resume) . , a - - . . ~ 0, tAN I TO/{ ~ \tv (U!.t<..t:7) II. ^ t304~1J HI b S. OF Dt:JA ~ Rove HA.I'" S rec:-l:::T p t'Le-n:r.J 0 /~ I I hen:by certify th2.t all the above statemenu ue true. and I agree and und~ that any mism.t(1Jlent of material facts co . in this application may cause forfeiture upon my part of any appoinunent I may receive. )/-/0 -of DATE ( Note: 's application will remain on file in the City Ow's Office for a period of 2 years from the date it was submitted. It will be the appliant's ~ VE[)hat a current application is on file. aarv~11OH AUG 1 3 2004 - -- " Na...'. 18 2004 03: 38PM Pi ~1'1 :TROUSERSI'oP. COI'l FA>< NO. :5612785626 ( . 11/16: (l4 I ruE 10;11 FAX 561 2~~ 37i4 (;!TY CLERK #/;Cf - - DEUlA\" B[ACH \ . Co .0 .II. I . .... , :e (zl/' Ir~~ 't III! CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 1993 2001 Pl~ cype or print 6c folio ;1. Last :::-J :u.ne: 1 t.rt ~n s~ i 3 Leg2.1 k.;id~ Cir,,! State I - /~ r L-t~qol~:Sj('M'~.J~-ctk 5. \~~7{?1 stf?;~5i~ I 6. I 7, 1 I I I g. 'Lin.w. CIty Eoa&ch 00 'U..h1Ch )"OU 111'e ~t~lIcnrlt ~erv.iug or have: previously served; JPle~~e inc1ude..d8t~ll) . I ~ _0 ..... . . ~/ I ---- ~O. l...i~t Uly related profi'-ssionlll eerrino.Qons and lice.r.se3 wbich -you b.o!d:; I ..- 12. D<'~Q;1De e:(pencoccs" skills at: !=n~dge 'Which qu~ you to &et'V{; on thi3 bQll.-rd: (pl=.,c, a.ttadi ~ brief J:e$ume) ~ bye~ 1 ther lill the ;Wo'7e stat:eQ tS lIrc tn~ md I a.gree and uud~tmd mar auy mi5srattment of IDaruW fa<:t:i . appli",..,,; =, "'". li ""'",,. '4>= my "'" of '-"y .ppoin",,=' r ~~1JJ ~ [d! 1 I "'~ nrl> opplk.d= . remain "" file ;,,,h. Ctty Ck,,', Ollice f:-::rlod 00 yean<' ~\f ~ I submitted. It will be t."lJ.e applicant:> respo~ibilir:v to CI1$u.re that a <:'l.Went application i& on tile.. I RECEIVED N'Uf-~t"~01{"ncN NOV 1 8 2004 CITY CLERK , _........ # ^ I 11'"" n 1.1' -- Rug 1 1 05 08:42a Mark Gregor::f 561-279-8170 p.2 08'10'05 ~ED IS 56 F~~ 5612433ji4 CITY CLERK ~OOZ OElP.AY 8fACH ~i 10 \D1 . , . . . .. '" ~ ~J C~~ul~Ar\- ~City CITY OF DELRAY BEAC~i " III! BOARD MEMBER APPLICATION 1993 2001 Please type or pont the following mform.auoo.: ---- },{. I I 1~ IN=e ---J 2. Ho= Ad ~". ~_ /VV:J ~___ _ City SfL Zip Code I J g 9lL.UJf\ All - A.. l~~ ~5 3. Leg:U R~idence: I City ~ State Zip Code I $iJMC !G7 i ~ '4- Pcncipal Busin~-ss Address: $uce Zip Code i I I ! ~G" f f ! Cd} Ph011e.: j 5 Horne Phone: Business Phooc- E-M:Ul Addre:.s' F:u- ! I 5"-a'11-€/fO GaE~ kOi. ~(fP) I ~( at1. ~:"10 I 6. If so, 'Whe.re ale' ou .(-:gistctc~P ! cS .0 _ .$g__ ! , 7. WlurB d & :ue you ;mcrcstcd w serving? Please: fu( in ordcr of prefaCflcl 8. List ill ~~ds on which ~ou arc CUl:teorly serving O( h.l.ve pt:cviou::.ly se.rvcd: (plea.;c include dll.tes) 2> - Qn~ ~l --~~-- --- , ! I 9. Educ.auon:al quaILfio.tioQ So, I I - ~~( #...J~ I . ~ . 1 10 t any lcL.tcd professIonal cCtl1fiCltions and licenses which you hold: i t:::5IftTh) 11. Give yow f?{csent, or most recent e'fIOYe1:, and posioon: ~ I\') C; fl.. k~ ~ C.OO50ct"1 "'0,:I:A.t..., 12. Describe u:pc:riences. skills oc knowledge which qUAlify you (0 StlV-: on iliis bo~ (PIC1S~ :l.tbch lI. brief ~umt) /Vi - EA~ 5:::- M.AIJ../Nt,. aE~~"'n.t>u i::€:F~~&"" p,o..."VJ~ tSl~1L of ~t~~~ \ C{t;;sCbe I'lT ~ 4 9 Vl ___-J.. _._~e above SUCtlnCnts are uuc, and I ~cc MOd understand dut "l'oy misstatement of mate.ri:a1 facts oriOn c:luse foJ:feiruce upon my put of any appoi.'1cn.=t I rru1j' z:cccive. 8-(1 -Q~ J DATI;. No(e This:;l. phc.1.tion willrem:aio on fil~ in the City Cie.dCs Office. fo!: ;l period Of~m the d:\te it was submitted. It will be the apph=nt's responsibility to cp.sw:e that a current:. .JsbViiD S\CrrY~.&JNl()A~UU.n\l'" AUG 1 0 2005 CITY CLERK OB.RAY BEACH /l/J(D~~OeV If to.. , . A ~ AIIIL~--"'n CITY OF DELRAY BEACH cr(~ "lIt BOARD MEMBER APPLICATION 1993 2001 information: 1. M. I.~ ' 2. S~tl, ~,~zt5 3. State Zip Code 4. City State Zip Code ~911 HOD'"afJ V~I~ 116At.H FL- ?~L[5 5. Home Phone: Business Phone: Cell Phone: Fax: (,~1-'OI~~ \',q~ "1/12. 4'fI-Z'1~o tfqdf ~ 2 &/ L{ 6. ,~ .. ftt.# 7. 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) \ olJ C~C O~ 5'6'12.. , 12. Descnbe experiences, skills or knowledge which qualify you to serve on this board: (please aWlch a brief reswne) I hereby certify that an the above statements are true, and I agree and understand that any misstatement of material facts con in this app'c '0 cause forteituce upon my part of any appointment I may receive. ~f/2/()L/ DAlE I { Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~ (In <i'1/O NOV -.4 2004 ,... . "T''\./ I" I t: tU( ~ . 4870 $. Classical Blvd Phone 561-637-0136 DELRAYBEACH, FL. 33445 Fax561-637-790Z E-mail: chuckh@deIraycol.c6m CHARLESG.HALBERG Accred-itations Certified General Contractor State of Florida Active since 1986 -Objective To provide the co~~iy with a residenti~ homebuilder"whose commitment is to quality and GaIe Work E~perience 1997- Present The Holiday Organization Westbury, NY VP of Construction (2003-,present) Project Ma~ager(1297..2002) , Projects,include Colony ~tBoyi1ten Beach..;,l59 single ~y,h91fi~~i' ' " - Colony at Delray Beach-, l5l single family., ~olJles, C~!()~y CI~b;: ;-, Apartments- 214 rental mcltiding J story aneltOWIl homes- Col~rty . ' PreselVe- 143 single fainUy homes. ' - ;' , *Oversee 17 person office sMffincluding sales, construetion '8:Dq, customer'serviee *Establishand control budgets, and paYments to subccintractors'and- suppliers *Plans and permittiItgincluding site plan approvaI, amendnients, wat~r, sewer, paving and drainage and building permits ) * Assist in design Qf house plans *Value engineering of plans *Scheduling and quality control 1993-1997 ArvidaBomesBocaRat9Il, Fb Construction Manager As constru~on manager for this top 100 builder in their high..;elid. and country Club:hom~s At -AFvida' s: Weston COIDnlu!lity,: my resp~(J~\lib.'tl~~' , wer~ -, *Review and;.valu~:eI1gip~r-houSeplans -S~hedtiling ~f subcontra~ors an~ 'suppliers ~Quality ceIitrol ' - ~ist in feasibility ~dies fOf, new commumties . ; Projects mcluded:' Bay Fointe $~~Q~OOO:'; $"4DQ;~~G, . Jardin n $220,000,. $:ZS<lOOO, _ _ ,. , _ _, '1 _ Camellia Island $ l1o:'aoo~ $'220-,OO(}, ' - , " L - '., t. .- ~_" " 1992- 1 993 Quality Construciien Deerfi~lliiea~lt fFt Project Manger' ' As project manager for the rebuilding of custom waterway homes after hunicane Andrew, my responsibilities were: *Evaluate <lamages and ~sist in processing claims -Budget and contract for all work ~ Charles G. Halberg Page 2 (ConL) .Coordination with building officials and engineers .Scheduling and quality control of all work performed *Work with homeowners and insurance 'companies to make sure all contractors and suppliers were paid Projects included: Intercostal homes in,excess of$ 500,000 renovation 1990-1992 Southeast Architectural DelrayBeach; FL Parinerl Q,uaJifier , c . AS partner for thts high end:renovation cdmpa.ny_mt,fe~p<l)nsibUities were: *Bid out and contract all work *Penmtproeessing for all work ,.Oversee aJl- fiel~ work ~QualirY oon1f<?l - ~ l,.- - ' - ~ ' 1988.. 199Q, Weatherford! Walker , - ~~$t BIQonifiel<t'Mt 'Proiect:u-....;;aget: ' '-~ - "::--,?' ,: " ." ", _ '-.1-. fJ.T~. '. ~ ,Ascproject 1l13n-aget- for ,this' shopping CenteiLd~~I0PerfniytespOlisibillties included: *Plan review'and desi~ .Pennitlin~ - ,_ *Field',supetvision including seheduling aild,:'qtialiWc ce,iltFel *Buyout tenarit:fuiishes and coorcfrnat~ subcontraCtors' ' *Process'draw requests , 1976-198'1 Holtzman & Silverman Plantation, FL 'Fannington Hlllst MI Project ~angerl Qualifier As pr<oject manager for this 90 year old, top roo bw\~eF,my responsibilities inclu~: . ' .Si~e phmapprQval , ~~ if~$i~,~dr,appi~~ ,- , -' ,.. - -~. -- , ~p~ttqli ' ~B4~~s~:~~kacts " ' ' . !~$it~;d.evelqn.~~t ' - " ' -" *Fi~d{spp~~s1Q~'~l~cl,it,1g,soh~d~g~~4tq~Jtll~c~ntt.o1 :Inclj1ded-\V,()rkhftviiewg~:"~I,o~da:~~~1!~~~,, c ,:' , : ProjeCts'fq~~q~l.e(f eu~~m' hom~s;' pio.4\iieti9rt~ft:dl1!eS, town hom~s> ' apartments, loxqry ooildos, 1O,stOry:'hi;ti~~p-'J1qrsin~ ~ome ~ \0- - . Edu~~on ' Michigan State tiniv~sity LandsCape Techhology 'No degree acquired - Stevenson High School LivQnia, Michigan Graduated OELRAY BEACH yO' u( / ~(-reX:::.. , , 0 . . D .... ~ 1;) () /tJ1 ANIIIerIcaClty CITY OF DELRA Y BEACH " III! BOARD MEMBER APPLICATION RECEIVED 1993 JUN 1 0 2805 2001 information: K 1. 2. State ch A.... 3. State Zip Code 4~cipal Business Address: rr+a. \ City State Zip Code yo..() Cr~1L.. elCfY1e ry ScJ1 00 De\ray Bch. h 33445 4-2.4 Sat:o ( LaJ~,cs r<d . 5. Home Phone: Business Phone: Fax: Sit; 1- 2.-7 Y. - LJ. 72..- I 6. Are you a registered voter? orl ) Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SICI1YCLEilKlBOA1lDIAPPUCAnON Loren Levinson 180 Northeast Fourth Avenue #208 Delray Beach, FL 33483 lorenlevinson@hotmail.com EDUCA nON Masters in Elementary Education grades 1-6 Graduated May 2004 Overall Grade Point Average: 3.8 Bachelor of Science in Business Administration with Specialization in Marketing Graduated May 2001 University of Florida- Gainesville, Florida Overall Grade Point Average: 3.18 JWliorlSenior year GP A: 3.6 TEACHING CERTIFICATES Florida Teaching Certificate in Elementary Education (grades k-6) District of Columbia Teaching Certificate in Elementary Education (grades 1-6) TEACIDNG EXPERIENCE The School District of Palm Beach County, Teacher August 2004 -Present Currently working as a fourth grade teacher at Banyan Creek Elementary School. Responsible for the math, science, and social studies curriculum. Plan and implement lesson plans that are aligned with both state and national standards, issue report card grades and hold parent conferences. Attend faculty meetings and workshops that help me to learn and apply new teaching strategies. The School District of Palm Beach County, Substitute Teacher November 2001-2002 Title I Substitute Teacher October 2002-November 2002 Worked at Banyan Creek Elementary School with first through fifth grade students that were having difficulty with reading or math skills. Planned and implemented lesson plans. Designed and used reading and math centers. Sth Grade Reading Substitute Teacher February 2002-May 2002 Worked at Banyan Creek Elementary School and was responsible for all the reading classes as well as a homeroom class. Planned and implemented different reading lessons for the different levels. Issued report card grades and held parent conferences. Attended faculty meetings and workshops. OTHER EXPERIENCE Business Partners Committee for Banyan Creek Elementary School August 2003- Present Responsible for seeking support from local businesses. Create and distribute information about our adopt a class Program. Act as a liaison between Banyan Creek faculty and the business community. Campaign Manager, Jon Levinson Campaign for City Commissioner, January 2003-March 2003 Managed day to day activities of the campaign. Created collateral materials, budgets and timelines. Identified strategies and implemented action plans. Presented speeches to local organizations and interacted with a diverse voter population in Delray Beach. Teaching Assistant, Drug and Alcohol Abuse Course, August 200O-Apri12oo1 Assisted the Professor in lecture planning. Created and executed independent lectures. Lead and evaluated discussion groups and graded student assignments. Director of Solicitations for Zeta Tau Alpha Sorority Linedance Fund raiser, June 2oo0-October 2000 Designed and implemented a highly effective fundraising campaign for the Susan G, Komen Breast Cancer Foundation. Directed a team of individuals who sold program advertisements to local and regional businesses resulting in a successful $10,000 fundraiser. !>~':B~~t1 LcCl( f~'M ***** 4r~b? ,rll"; CITY OF DELRAY BEACH 70 ~ @ BOARD MEMBER APPLICATI(JIt.CEPJ , F: '\ lOOS 1993 ~UG I L 2001 ~~ . . C\-r"v CL€. mfonrultlon: . \ 1 1. Name \-J \0 M. M 2. Home Address; City State Zip Code . ~ FL 3.5L/~ 3. Legal Residence: City State Zip Code fAI.L€- DfL FL '3.3Lj 4. Principal Business Address: City State Zip Code g;- ~(:S e,\0. ~ 1ZL ~~L[3} 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~fv) u> If so, where are you registered? What Board(s) are you interested in serving? Please list in ocder of preference: r , ~ r have previously served: (please include da 3- 9. HtA/. ~~ ~ CAt~ ~t-h!\;- 11. Give your present,. or most recent employer, and position: 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts conWnoo in tWs a tion us cr'me upon my part of any appointment I =Y;Zds-- . DATE Note: This application will retruLin on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITY~AIWIAl'rUCA.TION Nicholas M. Loeb nmloeb@aol.com 2255 Glades Road- Boca Raton, Florida 33431 suite #223A- (310) 384-6425 PROFESSIONAL EXPERIENCES Boca Raton, Florida 2002 - Present Nicholas Loeb International President and Chief Executive Officer Los Angeles, California . Founded a real estate company to purchase and remodel properties. Have already remodeled and sold five homes. 1997 - 2002 International Production Company Los Angeles, California President and Chief Executive Officer . Incorporated and managed a company in the film, television, and media industry. Developed and produced major motion pictures. . Secured financing of $500K, developed, produced, cast, organized, managed and sold the award-winning feature film, The Smokers, to MGM, which has grossed over $5 million to date. Quincy Jones served as Executive Producer, and Dominique Swain (Lolita), and Thora Birch (American Beauty) starred in the film. . Produced, organized, managed, secured financing and setup several episodes of an award-winning documentary, The Living Century, with the Independent Documentary Association. Barbara Streisand served as Executive Producer, and PBS has aired the show. . Assisted in casting, scouted locations, and raised funding for the independent feature film, Absinthe. Summer 1997 Primary Colors LosAngcles,Ca6furnia Production Assistant . Secured movie set. and provided and organized extra actors for the feature film starring John Travolta and Emma Thompson directed by Mike Nichols. Developed necessary materials and contracts for actors and film management. " Summer 1996 Universal Studios Universal City, Ca6fornia Corporate Development, Motion Picture Finance (Internship) . Set up databases to produce infonnation as requested on genres by categories for gross sales. Assisted the motion picture group with analyzing financial data. Scouted and researched actors for future Universal projects. EDUCA TIONAL ACTIVITIES 1994-1998 Tulane University New Orleans, Louisiana A.B. Freeman School of Business Bachelor of Science in Management; Concentration in Finance . On-Campus Orientation Coordinator . Division 1 Track; Javelin OUTSIDE ACTIVITIES AND INTERESTS . Council of Trustees for the Republican Party of Palm Beach County . Member of the Boca Raton and Delray Beach Chambers of Commerce . President of the Republican Club of Delray and Highland Beaches . Centre Kids Committee for Center for the Arts at Mimer Park . MSBL/MABL Baseball Player; South Florida League . Deputy Sheriff, Los Angeles County Sheriff Department . Board Member, Los Angeles Sheriff's Star Organization (LASSO) . Vice Chairman, Sonoma Loeb Wines . Member, Host Committee to "Starbright Foundation" . Member of the "Nicholas Committee" to support the New Yorkers for Children (NYFC) . Member of the Escada Heart Committee . Volunteer Wrestling ~ Santa Monica High School . Member, Screen Actors Guild ~ ..,~. VVI .......,"" .L.LO' "'t'J .& .l_~ VV..L._ I "S ~ .,~.~ .& ~J,..J.L"'''''''''''''''''.lJ 't!:J vv_/ vv..J DBJV.Y ~CH - . · .. .. . . . .-7". ' ~AA lee.. ___ ... * "7t ... J-;tJ;5dr aLH 't II J; CITY OF DELRA Y BEACH ~/t- @BOARDMEMBERAPPLICATIONREc'::''0'07 _ EtVED 1993 2001 . MAV n 5 2005 Please type or pnnt dle followtnj?; informanon: 1. Last Name: Name CIT't ~t.ERK Lynch Connor C.__ 2- Home Address: Ciry Sute Zip Code. 315 N. Palmway Lake Worth FL 33460 3. Legal Residence.: City State Zip Code Same as above 4. Principal Business Address: Ciry State Zip Code 820 N. Federal Hwy. Delray Beach FL 33483 S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: CIY:IJ.gq.@ , 561-988-9597 561-276-5211 Pl;<lc:it-r;t'lri,:; .-nm "56.1-.346-5058 561-276-5244 6. Are you a registered voter? If so, where are you registcred? ires Lake Worth. FT, 7. What Board(s) are you inteJ:est<...,j in serving? Please list in order of preference: . ~-_.- SPRAB & Plann1ng & Zoninq 8. List all Ci~ Boards on which you are cuttcndy serving or have previously served: (please include dates) , No City Boards, but I did do Leadershio Delrav and +-'h~ f)~',...",'U "O""",,...'h Youth Council President ~ack in High School 9. Educatiooalqualiticarions: Bachelors Degree in Business Administration "from the University of F10rida 10. List any related professioD2l certifications and licenses which you hold.: 2-20 Insurance License t 1. Give your present, or most recent employer, and position: Plastridge Itlsurance Agency - Development, Sales, & Part Owner' 12. Describe experiences, skills or knowle.dge which qualify you co serve on this board: (please alUch a brief resume) I have been involved in several commercial new construction and and remod~liqg projects. I followed these projects from the drawing board through completion. I am also remodeling my home in Lake w~~th. I hereby certify chat all the above statements <u:e ttUe. ~d I ~ce and understand that any misstatement of mate:riil""ficls contained in this application m2.y caus~ forfeicure upon my part of any appointment I may receive. .- ? ?~ 5/2/05 C:;I9NATURE DATE Note: This application will remain. on file in the City Clerk's Office for a period of 2 years from the date#,ws.s submitted. It will be the applicant's responsibiliry to ensure that: a current application is on file. ' : S<:JTY~~UCA'l1ON ......,. ........ -.... ~.... .......... ~ .. ..-- .......... -. .... - . --...............-.. ..- ~.......",......-" 315 N Palmway (561) 276-5221 Lake Worth. FL 33460 c1ynch@plastridge_com Connor Lynch Objective To better myself by helping others Experience 2003- Present Plastridge Insurance Agency Delray Beach. FL New Business Producer! Part Owner · Oversee new construction, remodeling, and design · New Business Sales · Marketing · Customer Service! Customer Relations 1998-2002 Bethesda Memorial Hospital Boynton Beach. FL Senior Outpatient Coordinator · Assisted patients in registering for testing · Reviewed test procedures with patients · Verified insurance acceptability with procedures 1975-1980 Bethesda Memorial Hospital Boynton Beach. FL CT/MRI Tech Aide · Assisted tech in administering testing · Assisted patient in registration and transport Education 2003 University of Florida Gainesville. FL · B.A., Business Administration Interests Commercial! Residential Design. Dealing with People. Tennis, and Volunteering 08/03/05 WED 14:33 PAX 5612433774 CITY CLERK .eea/-k-flJOO2 [}(U[AV BEACH . . 'III . '" .. ... bft4 AUnIaic:3~ CITY OF DELRAY BEACH REeF, "-fED 'till! BOARD MEMBER APPLICATION AUCi - 1,. 2005 1993 C~T~..... ;;1< 2001 Name ' -2 /1- /-C L- Of 2. / St:Uc ./ 5.CiCK I-L 3. Sutc Sou: ~ )1 [! lJ '/J-7c-Z/:'75 'i C l"'~ V -,- {; /77 'i.n T kl Y . L-/" ' 8. Lise all City Bouas on which you :u::c cuncudy s~g OJ: b:we prmously :saved: (c>lcasc include dates) ,~hoC' - to. List m.y [ehtcd pcofessio.)W e~tifi~tionK4 licenses which you hold: ;.:.. c:z /U 'L, 11 Give yow: pccs~ L'" ,: ,-llbb7 <- .' ~ iv' /..)/;':'& / J/j 1';;.,[ Note: IN.s appli~tioo -will I:axWn DO file ilL the Cil1 Cleek's Office for a pcriod of 2 yc:us from. the datc it W:lS submitwi It will be the 2P.plic.ult's cespoosibility CO eo sure due a cun:cnt appli=tiDa is 00 file. , ~~TfOrol r . d dSS=trO so tro ~nl::f Hu~ U4 U~ U~:~Up p.2 RESUME FOR PEARL "BUNNY~~ MARKFIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REAL TOR:COLDWELL BANKER REAL EST ATE (22 YEARS) PRESIDENT MERRlTI PARK HOME OWNER'S ASSOC 6 YRS BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRA Y AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SWINW REDEVELOPMENT TASK FORCE SINCE IT~S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HA VE LIVED IN DELRA Y BEACH 8 YEARS AND HA VE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I P ARTICULARL Y ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. Au~ 04 05 03:30p p.3 DELRA Y IS DEVELOPING AS A WIDESPREAD EXAMPLE OF HEAL THY URBAN GROWTH AND I AM HAPPY TO BE HERE TO ENJOY IT! -- -- -.------ dJ~tn OELRAY BEACH (ljet&1tJ~ f 1. 0 . . 0 " ***** RECE VED AlI-AmericaCity , ~ III! CITY OF DELRA Y BEACH FER 0 R 2005 BOARD MEMBER APPLICATIONcrr"l CLERK 1993 2001 information: M.L 2. Home Address: LANE State ~Jl CY5- .J Cc ~L 3. Legal Residence: State Zip Code 4. City State Zip Code E-Mail Address: Cell Phone: Fax: 0Gfr,)~ -f 6. Are you a registered voter? . 11. Give your present. or most recent employer, and position: 12 Describe experiences, skills or knowledge which qualify you to serve on this bo:atd: (please attach a brief resume) { hereby certify that all the above statements :ate true, and I agtee and understand that any misstatement of material facts :o~ ~ "'"'" fodeitme upon my part of ..y apPointmen~?ve ",;NAnJRE D~ Note: 1bis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s\ClTYCLElUCIBOARDIAPPUCATION IX:,/ 15/ :2005 08:1~ 5E.1:27'34331 ROB','t I W):iLOIt I "",1, .1..1. "oJ .Anil. ...0....... r^.a. ....~.L...~....,'. PAGE 0'"' "'J.L&. '-'4.c..I'\.1'\ ""t..J'#""'1I ~":~~~ ~- J )~O7 'iW CITY OF DELRA Y BEACH {}rI HI J..U:s)rcd;dI BOARD MEMBER APPLICATION 1993 ~OO1 ?leaae type ot print the (oUowiD~ infOnnaciOQ~ M.I- L Uat NJUIU::: M c. D Name a~I-L~~ II erY""o++ l... HOCIle Addrus: A ~ty~\..-o. ~~<...~k St:atc -;z-' Sl? 3"..,) ~...,v~ FL }. I.q-al ~dcac~ ~ ~ \r-<\ Stat~ 7::z.. . g~ 3rol A ~..,~ 4."'--c..~ 'l="""k 4. P~p21l\U$io.~ddJ:es.: ~ ' \ t'1 Vr1 vft.o.l City $12k rvlc..<-, 0."" ~ Sou Q. ~~ - a..cc ~ \ '~ ~L t.fl S c ~""O{ S+"'e~ + ,~"""o.' c:LC' S. Hame Phoue: BWlio.es:s PhOQ~ B..-M2il Addr:en: 'i , 0$ Cell Phone.; Fu:: 5{./- ;Z76 -$ 7~ 3 S~/-...z'7'f. ;ZSSI .)<.I~~"""~_ ~'.,l\~""!'€' S", .,2?9- ~13( "'I~ 6. e YOIl a. r;egls1Ue.d voter? If so, ~lUe &lC you cegUtued? ~ ~ ~ , 0.c..L.... 7. What Boud(a) rw: you iotcrClllocd in .~? Plea.se liac in O[ckr of pcefucacc.: ?l .z. 0 ... :-:> \ ' - 10. ~t uy ldated pIOfClllUonsl c.crtific.a.tiOD3 llO.d l.ic.cnaG8 wbkh you hold: A- ., - I -t; \ .e. .....S 11. cnv:e yo~ ,p.cucn.A oc most ~c.ox:nt employtt, and po.iUoI?-= - - rl ( " ~s-oc\(. l?j- <3..' HI - l J-...-F~ - 12. De.cDk apcaeoCCII. skill. Qr mowlodge~d\ qualify you to aer"l'e 011. Ibis Ud (plc:ue 3.c.uch '" bcicf t~QlDe) S ~ ~ (;::-tto .l--......c I hsd>Y . d11c :aU <<he abOVl; sbot dl.b ace true, ~d I ~ .wi undcntlnd dat sny aUslltataneot of Jn~ta:ial bell ~Ilr-~, t!,i- ~~:uy te forfci~<!t lJpon my p~ of :any tpPO~CD1eot I [1).I.y recdTc. /(, ,'-_. //:'..-v."r- / ?~ V ,..,. s- , ~)~ ,. ~7L' -- ~ ,"'~ SIGN ' 7 DAm N oce: l.'bis lLppliCll.tl0n will remain 00 .6le in the City Ckdc'. Office. for: . pcdod of 2 yan from dK &te it. W'UI ,ubmitted. it -will b. the I1.ppliClllt'G .capoosibiliqr to cn5U.[C that. a, cu.a:c:nt application. is 00. file. ~.a...~Dl>l RECEIVED AUG 1 5 2005 CITY CLERK ROB",'l1 MI);LOIt I PPl:;E IP Og/15!~OO5 O::::1~ 551 ~7'34 3::1 -' Gail-Lee McDermott 721 Southeast 3n1 Avenue, Delray Beach, FL 33483 561-276-8763 ju8tme.....gaillee@bellsouth.net City of Delray Beach Board Member Application - Question 12 On January 8,1995 I arrived In Delray Beach to live rather than to visit the home I left many years before. Within the week I wes at City Hall asking about the direction this city was taking, I was directed to the CRA. The CRA director at the time, Chris Brown, urged me to look tnto the Osceola Park neighborhood. I was given names and phone numbers of local contacts. Within six (6) months I moved into my home. Five (5) months later I became the president of the Osceola Park Neighborhood Association at the urging of residents and the Delray Beach Police liaison, Officer - now Sergeant, Tom Matava. With the exception of a short period of tlme, I have remained the neighborhood association president - ten (10) years this coming November. Rejuvenation is planned for Osceola Pati{ and on its way. Far from perfect, but. the neighborhood Is a long way from the nights of return gunfire. f hope I may have played some hand In that. Though, I never thought the mart<et would be this "hot'" Being neighborhood president has lead me on the path to more meetings. more contacts, and a greater sense of what the people of this city expect of Delray Beach. I was most honored to be chosen as a participant of "Visions 2010", That was probably the culmination of participation of innumerable neighborhood meetings and wof1(shops, "Neighborhood Summits", "Mayor's Meetings", "leaders' Summits" and charettes. Not to mention Commission Meetings and the occasional Commission wof1(shop. I care about Delray Beach. I care about the residents of Oelray Beach. I care about the city a8 a whole. I am honored to serve or have served on the following boards: . Osceola Park Neighborhood Association. president (November 1995 - Present) . Delray Beach Historic Preservation Board (September 1999 - September 2003) . Liaison from the DB Historic Preservation Board to West Atlantic Historic District Advisory Board (February - September 2003) . Delray Beach Neighborhood Advisory Council (December 2004 - Present) . Delay Beach Weed & Seed Board (August 2004 - Present) I could do none of this without the luxury of working in the same town that I live in. No, Defray Beach is not the town I left many years ago. But, it;s the town I live in now. It is I a town with a future. I hope to be able 10 assist in bringing this IO\fl9I to its brilliant ~ / --' --? ;:;;r- /'J..../~:. ~1,'i~. - -- G Lee McDe / 12 August 20 O~y-8tACH , .. (. D.. fill... /~ .. 1t**,** AlI-AmaicaCitJ CITY OF DELRAY BEACH ltTIJ! BOARD MEMBER APPLICATION 1993 1/17 2001 Please e or lint the foUo informacion: 1. Last Name: A.J I Name IJr ML e LV el ce;, 2. Home Address: ,<) C" ;7,.; j City fA State Zip Code ;;;,. g Q AUe eI/i ,(fea~i. rl 3Jrty 3. Legal Residence: City Stare Zip Code S &. l-Vl ~ 4. Principal Business Address: City State Zip Code oS 0. ~ -<? I 5. Home Phone: Business Phone: E-Mail Address: Cell Phone; Fax; (f6{ J 7'3- 30(8' 6neweffJ. ~4,+N1a:~1 (rtl)'tlfJ-33f/ 6, Are you a registered voter? Yes If so, where are you registered? - ~^ 7. What Board(s) ate you interested in serving? Please list in order of preference: ,{jc.<< / I Nei (/;'tJr((fJJ A j lIl'~~r Cc~/ic,' I S;k ~/1 I~(/I'e. arc cune.n!!y serving 0 ve pr~viously served: leas~ ind~dt: ~ates) - -- - . . 9. EduclI.tional qualifications: A.A. It(. ~O. Lise any related professional certifications and licenses which you hold: 11. Give your present, OJ: mOSt recent employer, and position; ~ /. ;efJa(t< a .S Ire/I- R.eaft<iF 12. Descnoe experiences, skills or kno,vledge which qualify you to serve on this board: (please attach a brief resume) I hereby c~tify that all the above statements are true, ,md I agree and understand that any misst.attmenc of material faces con~ ~JY c>use fortei; ~ ~I~:;Y appomttn~ /;;:;eive )~A . DAre JAN 0 5 2005 Note: TIlls applicatioa will remain on file in ch~ City ~1~2ffice fox a period of 2 yeus from the date it was submitted. Ie will be tb.e applicant's ~pl~i1:G:k\,r me d1a.t a CU1yent application is on file. S\CITYOj';U\BO~LtCJ\nQN Bryce NeweU Home (561) 218-3068 2&0 NE 2b<i Ave. Cell (561) &43-3311 Delray Beach. FL 33444 E-mail bnewe111@hotmail.cam PROFILE Marketing and sales executive with 6 years of high level outside sales experience, with a prov~n track record in developing Dew buswess and driving revenue in leading edge techllOlogie$. Strong llIlal)'ticaI. creative, and communication siems developed through as.1igmncnts in strategic planning. marlceting communications., product launchc;:!) and training. Excelleolleadership abilities demoostra1ed by delivering rc:sults thrQugh highly motiValed and imaginative teams. Profl!S$io1UJI Expe,ience FDN Communications; West Palm Beach. FL 4/04-Present Senior Ac~unt Executive Provide dlua products and services to business dJrougbout Florida and Geol"gja_ Primary focus on international multiple location corporations relying on high use data transport. In the top running for rookie of the 2lN half of the year award. MeLeodUSA; Oakbrook, XL 3/03-2104 ~or Account ExCl:Utive Mid-Market telecommunications sales position in greater Chicago land area. My responsibility is to acquire new Business only. Services consist ot PRI's, n's, VPN's, Frame Relay and Wireless. Typical month includes running approximare1y 15 new appointmentS, resulting in 4 to 6 orders rnnglng from S500 to :&3000_ QearOne Communiations; Westrnont. IL Senior Account Manager 7/02-12/02 Videoconfereocing Specialist position. brought on fo esf3blish marlcet share in Chicago. Company provides elld.to-end solutions for video. audio and web confer-eneing servio:.s. Primary customer focus is Fortune 1000 andHigher Education market. Taudberg. LLC; Chicago, n. 8/01..{i/02 Refriooal M~ Responsible for selling TANDBERG Videocooferencing equipment to Education and Medical Agencies. Partnered with coosultants and system integnrors to provide 1he customer with a complete solution. Current territoJy consists of Illinois, lndiana and Wisconsin. InView; Chicago. IL . Business Development Mana!!;er 10/97.7/01 W orlced with equipment dealers, system integrators and telecommunication companies to develop new accounts. Inen:ased company revenue by 20% by creating a partnership program. Developed wori:ing r-elatiQnships with system inIegratotS, equipment manufacrores and telecommunication companies_ Consulted with IT and Telecom Directors on Videoconferencing servic~s. CSC Office Automation; Rolling Meadows, IL . Maior Account Manager 2196-9/91 'EDUCATION 1991-1993 A_A., Business Management,. College ofDupage. Glen Ellyn, IL 1993-1995 BS. Business Administration, Loyola University. Chicago. n.. ORRAY BEACH ;/107 . " 0 4Il . . A ***** AHmericaCity CITY OF DELRAY BEACH "III! BOARD MEMBER APPLICATION 1993 2001 'lease e or riot the followin infonnation: Last Name: Name MI. . OWE J L C " Home Address: State Zip Code 7'1 ~/ ....- ~L 3' ., Y J6 '. Legal Residence: State Zip Code 5 k",A I~ If- 0 r. Principal Business Address: City State Zip Code 2- 2. )Cf L(/V FL Jr lfCfC( I. Home Phone: Cell Phone: Fax: .111 ol! ",,,,t- . C4'\ )6(- Llr'l~ gig ,. If so, where are you registered? t List all City Boards on which you are cuttendy serving or have previously served: (please include dates) Oil//:. , I '. t.v. to. List any related professional certifications and licenses which you hold fF......J ' vK- ;(t'1V1,Nc,. 4" I /'v (,- IS u-5 [ hereby certify that all the above statements are tIDe. and I agree and understand that any misstatement of material facts =u >pplintion =y nuse forfeiture upon my part of any >ppointment I may receive. RECEIVED 1t {rP~ ?-fr-o!J ~AlURE DATE JUL n R Z005 Note: This application will remain on file in the City Clerk's Office for a period of 2 ye:u:s from the date it ~~R K submitted. It will be the applicant's responsibility to ensure that a cuttent application is 0111I~ C L E S'CnY~~ruCAnoN MICHAEL CHARLES OWENS 907 SE Third Avenue Delray Beach, FL 33483 (561) 272-8869 EMPLOYMENT HISTORY Palm Beach County Planning, Zoning, & Building Department - West Palm Beach, Florida April 1997 - November 2002 Planning Division - Land Use Planning Section Planner I (4/97 to 6198), Planner II (6/98 to 11/02) Research, analyze, and interpret Comprehensive Plan elements, including future land use, transportation, economic statistics, and physical data. Responsible for oral presentations and written staff reports to various boards regarding comprehensive plan amendments, including text changes to the plan, and special projects. Prepare and produce detailed maps, reports, special projects, and graphic aids using ArcGIS and Adobe Photoshop software. Formulate and draft reports for special projects in support of planning proposals and positions related to long-term planning. Review petitions and site plans for Development Review Committee for land use interpretations and comments regarding residential, commercial, and industrial development in Unincorporated Palm Beach County. Managed the annexation process for the County. Responsible for monitoring of the Fire-Rescue Element. Palm Beach County Planning, Zoning, & Building Department - West Palm Beach, Florida November 1996 - April 1997 Planning Division Plannlno Intern Assisted Senior Planner with the implementation of the Glades Community Revitalization Program. Researched and utilized information and planning methods such as downtown land redevelopment, site plans, laFldscape beautification, and restoration/reuse of historic buildings to diversify the economy of the rural communities of lake Okeechobee. - Prepared a Glades Coordination database and newsletter. - Compiled a map series as support documentation for special studies. - Assisted with short-term assignments such as preparing grant proposals. City of Tamarac, Florida April 1996 - Sept. 1996 Purchasing Division, Finance Department. Intern Reviewed purchase requisitions for quotes on orders over $500 and wrote requests for bids and proposals for items over $10,000. Maintained telecommunications system and conducted special projects as directed. - Received, reviewed, prepared andlor submitted various records and reports including insurance forms, invoices, contracts, vendor lists, bid documents, purchase requisitions, requisitions reports, quote sheets, spreadsheets and correspondence. - Kept abreast of market conditions as well as new products, practices and product research in order to most economically and appropriately procure goods and services for the City. - Coordinated and supervised an auction for the City. - Assisted the Finance Department with reports and statistics for the Annual Budget Report. New York City Department of Parks and Recreation. New York, NY. 1990 -1995 Purchasing and Accounting Division. Purchas/na Aaent Responsible for the selection and acquisition of various materials for the department, including computer hardware and software items for the MIS Division. Worked with Borough liaisons to address and solve procurement problems. Effectively managed purchase of recreation items for the City of New York. EDUCATION Master of Public Administration May 1995 City University of New York - Baruch College. New York, NY. Bachelor of Arts In Psychology May 1988 Syracuse University. Syracuse, NY. SOFTWARE SKILLS Work with WordPerfect, Word, ArcGIS, Corel, Adobe Photoshop, & GeoMedia software packages References available upon request CITY OF DELRAY J;JEACH LYe AJ,t,.,jEJ13 BOARD MEMBER APPLICATION J-;}9-t?tR Please e or rint the followin information: 1. Last Name: Name ~ . -S 2. Home Address: City State t~'3 ~c.U l?T~ ~-t\'".Q.:r 'D e...l Fl. 3. Legal Residence: City State ~ ..e. '::;4.w.c-e.. - - 4. Principal Business Address: City State Zip Code ?Gl~.e.. Sa W-i-<-. - - Home Phone: Business Phone; E-Mail Address: Cell Phone: Fax: r;'1.4-l4. ~q ~3 - 7. ~ \. Te Pia"" A .-c&c.eL ~ d . 8. List all City Boanls on which you are currently setving or F.>c u . -:S ~l14 . I hereby certify that all the above statem.ents ace true, IUld I ~ a1ld understand that any tnisstatement of material facts contaUted in this application may cause forfeiture upon my"part of~) appointment I may receive. ~d/~ g 9i Zot!) 4- DAm Note: is appJlcation will remain on file in the Gty Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'CITYCLB\OOBOARDIAPPLlCATIOH /1/1 ~1I Samuel Resnick 2835 SW 13th Street DeIray Beach, FL 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated from 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 Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee from 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 from 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-Engineer. 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- (except for two years in U.S. Navy and three years in enginering school) worked for various architectural and engineerin~ firms. - ..~.. .. 1~:~~a2!t;!~:])~~~~~-;~~~:;_4: ~" , -, OFFiCE ,OF THE M~'(OR ", . FRAf'-lr(:.J~ ESPOSITO" fjIlAYOR . . . " . . + F~ary 21, 1995 . TO Who.. ;tt M~y Concern: _ . . ._~. ~ t . ..' < _,. _' .. . '-'t'h!'$.: l~tter j,s'by:way 1)f"introduotlo11.to a very :fine aichitect,~lJinaer frcill1 ~,NO~lk? Connecticut, SalllUe1. :Re~ni,.ck.., . '. : "s~.' ~t!red 'from the City in 19~6"~~er 8 yeiU;S of service as -the Dir.e(.1t.or,"of" , th~: ~~part:nlent of Coda ~:roreeJb.-ent... . rn' 199;1: he ~s ~ hiretl ~ck' 'to' t:he:. C,~t:l.,. ~~~:p!".~~nt'.~f:fi~e :~~,,:a. ~cin~_~l;t~ht~ ~9t:.~-- '~i~;:..,~~...: '.(9~9,~~t:(~ -t?9;1i,-tQ':!fi~!t.: ...,1'y'<199S-.;') --', . -DurJ.ng' thJ.-s'.....'"C-r.me:1. Sam-#'s - --dut~es; '~n add1tion to' 'be-:tng lUy ::_CQnsul~ant, '\Vera as follows: - - '1. ~aJ.yted' the.>operation of; .the .pepa~~t .9't<:ode', Eiiforc~ent."-?lnq. " ' '. .l.t$sisted the . 'Director of ' . COd~' .' EnforeelB.'ent . :in 'B~ild;ing 'Cod$, ~. , inte'('pret~ti'Ons", ' ' '" . " : ,.r H.' ~ 2. ..City 'Coordinatq:r .-for, the- AlIierican .~th Di'sab~1.~q Act (AD,A)." ,surv~y-ea'-' ~- " a,11 bity buildirigS# inclUding stih:OOl~;':,for. co:mpli.anc~:r ,with ADA. --j\l.SQ, ;:' .".~'t"epared tlje'Transition'"Pl{UlS ,Shar~ng-':methods and '<?osts to cOlilply w~th .'lAh-.. , . ' . , . ~. ',' .' .'. '.~ ft>. : .: 3.." Mayor~s Liaison to 1:he. NOrWalJc School Building eommit~ee wlier~ii1':al.l~:, " .' co1ttll1itt:aQ -neetings 'We:ra attended~ . _ , '. . , . .,.,.' .'. I . .' , '. ::.; 4..- c~ty re.pr~sentati.ve fo.r. the construction of the' Concert' Hall at City. i ',. 'Hall and repair o~ water ~~~9~ . ~:t; '.l<owayton School. -' .' , _ , ~~ ' .~.. __.cOde -and cost ana1ySis of', Yarl()~~ school' a;lterations' a.h~ aq9itiQn Wciik.;': .?_~ -- ...~s _ ~icens~d .:In. "CormeCtlcut, '_ };law. ~ York ~~~ F1Qrida - a~ a i-~9'.iste.red :f'-at~~~.e:Q:l;,:' <ll:'ld ,ip. conne9t.~cu.t-f " _Ne.w. ::York.... ~ew' J~'y -'all~, ,Ir-l~:tid~ _,'~.:_-~. iSR.1';~f:~~Q'(\a,!:".~~~ngi~~~--.'. ~lte' --.'i'$L,-h~:j.d.~:,:-in:.c~ hi9h;,':-~e9~:.- -' by '. -:tliiis~-':.;;i'b. .hls:.. ~':professiQnal field'. and the city.. , ~- .; - , - ~ .~ ~ '. ~ ..' " - . - - ' . ~.' . ~ .'. ~ - - ..... - , _: ~ ~""-' - ~ . -... - '. - - . - r:$mn' iias--~~n ~ri,"asse.t t6)to~~k~,: We~'ai-e, sorry t9 ~s~e, .hi)U' ,J,~ve--:.hut.jie,-w~sl1 ?,~lr( ~;tl..J;n his new'bOlile' s:tate' of -Florida..' - It ~s: wit1.I. pr:ide that J>~i~e thi~ . ;~:l~t~~,': 9f,.. r~e~tlnda~.i()~'l :to'~a' lt1~'_:of,'Sam~~. '?a.lib~.:" 'l:Ie.' will ,be 'an":as~~t:. t.o, ;~,any, ()rqaru.~atJ.on ,with whO'll. he' pecQmes, a~s()cl..at$d.. ,.' -- - -.' ";: . - . ',.-:' -. -", -.,' '-. . - ~:s~. ~~~~'l tl :-. I. " , " .' {.-;.::::: - .'. ~ ' :~' .- "'.- .-" ~'~~..:Es~ito . . .. . . -' .. r~:~t9R_--.' , "', . . . ~ . ..,. ~-'" -, . - - . . - . . _"l- . ,'~"''''.. A_ .~ . . , - , -"'". - - .- . .,'. . .-_. .. POst Q~i: eox 5'l~S~ t~s.mTAYENUE;JIORWA~ ct'Qfl~$l~ ~re..e?I:iQN~ ?Oci.as4~n-o:l' " ----- ~ - - . ....-....---..... .- .~~ v_ iii l:>iui- 'Morrif:26 FAX '561 "i~;j J77~ CIlY CLERK 19Joo2 DElRA Y BEACH Itj I~/(JY; ~ AJt..Americ:::I Cfty CITY OF DELRAY BEACH ~, III! BOARD MEMBER APPLICATION 1993 2.00'1 Please e or tint the foUo info.tIIU tion: 1. La!lt Name: J N2Jl1e. MI. EffO(Vf~ 2. Home Address: City State 7,ip G;)dc ,Z.d D ^'t~G ~4L-~&;; p,.. t:> C:L.r4 'G~ ~ iJ~ 8,3 3. Legal Residence: City State Zip Code 4. Principal Business Address: City Sate Zip Code . Bt.../.JJ. ?oo/~ ~ ~. 3706t 100 IoN' AT~~r~Q 5. Home Phone; Bu.sin~ss Phone: E-M..1.il Address: Cd! Phone: Fax: 5l1-Z,i( j-JZ,79 7y;,~ 7116- -1'~16 .$~z;.~...,6 .Ja/IP.J- -F~t-S-7J-/7/7 9ri4J#~~~7G' 6. Me you a r~gistcred voter? y;- 5 I f so, where are you teglstered? C' Pz- ~ .,4-. -QC:-~ 7. \lIhat Board(s) are you interesred in serving? Ple2Se list In arde:t of prefe:rence: S Zcr,t~j C 1 Lis~ all City Boards .on ;!hich you a.r~ c~~nclJ:~erying or ~ye_pIcvio}J~ly ~~e~ (pLea.s,e, include !ht~~ 1. . - -. 1; ,,;::::./u. . 4- 9. G.,... 11. Give yout' present:. or moSt rcc::ent employer, and p05.uion: !;.l't)' .pb- 4~ o. 12 Describe experiences, skills or knowledge which qualify you to 5eI\1'e on this booo (Plca.sc aHi-ch a. brieJ resume) e p~~ ..z;r<VD{~ ;:> G Co .;ti/7 n (:> ;., .' ;"0' eJl Ltr I ~-~~ ~ :.e __ R ~ ~ 0 [)e~e. qF~f:/ . r /S ). C/I--G- I hereby certify that all the above Statlm1cnCl al1: ttue" and r ee and undcnt'llnd [h~t any misstatement of material factS cont ;1.'1 this applicati 1Y cause forfeicure upon my part of ~n)' llppoinrmeot 1 may receive. -1ECEfVED -Bj/~f NOV I 6 2004 DAlE ote: This ~l'plicarion will :remain on file in tbe City Clerk's Office for a pcnod of 2 years fronmf~tOt"Efl K submitted. It will be m.e applicllnts t~T'on$ibilitV to ensure that a. cuc::en[ aODliCQ.tion il: on f111':. DLl~LV~11':1 t""'A'.:>t:. l:::I.;i .L..Lf .LOI _t..IU'" J..I..___ .:I.J,"+ I CIO&..fO I i JEROME SANZONE 200 MACFARLANE DR DELRA Y BEACH. FL. 33483 (561) 243-3299 OUTLINE REl~ March, 2002 City of Pompano Beach Building Official Present ] 00 E Atlantic Blvd Pompano Beach, F1.33061 March, 1989- City ofDelray Beach Building Official March, 2002 100 NW IJ1 Ave DelrllY Beach, FL 33444 June. 1986- City of Oakland Park Building Official March, 1989 3650 NE 11'" Ave Oakland Park, Fl. 33334 June, 1984. City of Pompano Beach Assistant Building June, 1986 141 SW 1~ Ave Official Pompano Beach, Fl. 33060 JUDe, 1980- Self-Employed Construction Consultant & June, 1984 RR 2, Box 816 General Contractor Pompano Beach, Fl. 33067 April, 1978- General Development Corp. Director ofPrime.ry August, 1980 1111 South Bayshorc Dr Housing Mlarm, FI. 33131 October, 1986- American Plywood Assoc. Sr. Interoational April, 1979 PO Box 11700 Field Services Tacoma, WA. 9&411 Representative August, 1965- Rinker Materials Eng. Coordinator October, 1966 805 N. Railroad Ave. Field & Fabrication West Palm Beach, FL of Project3 February, 1963- Lindsley Lumber Co. Estimation, August, 1905 Steel Division Detailing, Field Dania, Fi. Supenision, Customer Relations April, 1960- Security Planning, Inc. Sales Representative December, 1962 First :National Bank Bldg. Miami, Fl February, 1960- Dade County Highway Estimator & February, 19/\3 Design Section Designer UI J.b/...:tlLN J.J.:"':": ':!:)*fbb*bff tlU1LUll't':> /'""A':>t:. tN June, ] 959- C & C Construction Estimator & September, ] 959 613 Tabor Place Designer Investor Planning Corp. Sales Representative 60 E 42ftd Stud New York. NY JEROME SANZONE 200 MACFARLANE DR. DELRAY BEACH, FL 33483 (56]) 243-3299 OUTLINE RESl.JME (CONT'Dl S~t. 1958- New YorK City Community Construction Tech., Jan., 1960 College ABS Degree 300 Pearl St. Brooklyn, NY Sept.. 1955- United States Army Corp of Engineers ! Sept.. 1958 June, 1954- Levy & O'Keef Mechanical DEsign Sept. 1955 171 MadisonA"l1:: New Y ark.. NY DU J.l..V J. I '1'.;1 rH<.:Jt:. O:J J.J./J.O/_UU,"+ J.J..__ :'1_1,"+ I OOLfO I I PROFILE Date of Birth: August 27, 1936 Marital Status: Married Genual Health: EAcelIent Military Sendee US Army Corps of Eng. -Honorable Discharge, 1955.1958 Certification: Florida State Genera] Contractors License #CGC-007690 Certified by the Depanment of Professional Regulations in the:- Following areas: Buildmg Code AdminigtTator; Structural Plans Examiner and Inspector; EIecttical Plans Inspector; Mechanical Plans Inspector Plumbing Plans InspecTor C.A.B.O. Certlfted Building Officlal #923 Florida Board of Building Code and Standards Certificate #111 Building Officials Association Building Code Dlrecto:r Certificate #147 SmIth Florida Building Code Building Official, OllefStmctural Inspector and Plans Examiner School: NYCC'C A.B.S_ Degree in Construction Technology Organizations: Florida Atlantic BUIlders Association Chairman of Affordable House Committee Governmental AffalTS Committee Builders Association of Soutb Florida Co-Olairman ofTeclmical & Construction Committee Construction Specifications Institute Building Officials Association of ll/lbl ~ljlN 11:~~ 'j~4/8b4b i i BUILDIIIG PAGE 05 Florida JEROME SANZONE 200 MACFARLANE DR DELRA Y BEACH, FL. PROFILE (CONT'D) Boards: Broward County Construction Industry Licensing Board Palm Beach C..Qunt)' Building Code Advisory Board Palm Beach County Fire Code Advisory Board Fire Code Board of Adjustments and Appeal~ SBea By-Laws Commitree SBCCI Code Interpretation Committe-e : SBCCI Existing Building Code Committee SBCCI General Design Committee BOAF Resolution Committee Palm Beach County Hurricane Retrofit Committ~c Palm Beach County plumbing, Electrical and Mechanical Review Committee ICC International Building ('.ode:: Structural Committee Languages; Italian, Spanish, Japanese and Lann ';l~4 fl:lb4b f I I:lUILJJ1t~I" . PAGE 137 11/lb/~IjIN 11: :.::.: . . JEROME SANZONE 200 MACFARLANE DR DELRA Y BEACH, FL. 33483 CONSULTING CLIENT ACTTVITY OS Depr (If Agrktllture Ser up construction companics to build mass housing and train Personnel in Venezuela, S.A., 3 projects staned. National Homes, Inc. Acqturc product approvals for their system under the SBCCI and SFBC. Ryan Homes AnalY7..e and solve construction problems. G.D.C. Analyze and solve: consttUctionproblems. Heller, \Veaver & Assoc. Evaluate buildings for condo conversions. , Genstar Developed site plan for plann('d community in S. Dade ) ITT Evaluated strucnlICS at Palm Coast in Btumell. Fl. Approved as cxpen witness in Amcrican Arbination and Federal Court, G.P. Analyze and solve problems of construction applications. North\Vood Industries Advised OIJ marketing of construction products and gained code approvals. MarChem Advised on marketing of constmctioD products and gained Code approvals. Everglades Chemical AdvIsed on marketing of construction products and gained Code approva ts. MCI-Carter Coating Advised on marketing of construction products and gained Code appro....sls. C.A. Marando Advised OD marJ<eting.of construction products and gained Code approvaJs. Florida Di"'Jsion of Analyze, inve6-tigate and evahl8tc projects as well as testify as illw Enforc:~ment An experr witness for [he Construction Fraud Case !:\U~LU~I'I';1 r-I-l':c. lJl:> ll/lb/ "':I1IJo.! il:~~ ':t,)'-i/t;b~b{{ . " ........ . . JEROME SANZONE , 200 MACFARLANE DR DELRAYBEACH, FL. 33483 . "- PROFESSIONAL ASSOCIATIONS American COl.lcrete Institute (ACl) American Institute QfTimber Construction (AITC) Building Officials Association of Florida (BOAF) Buildmg Officials AssClCiatJon of Palm Beach County (BOAFPBC) Building Officlals and Code Adnunistr3tors (BOCA) Construction Specification Institute (CSI) Coundl of American BUlldmg Officials (CABO) International Conferencc of Building Of1kials (ICBO) SQuthern Building Code Congress Intemational (SBCO) ) PROFESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals: Building Officilll/ Plans Examiner Building Offieials Association of Florida: Building Official! Department Director Council of AmeTJcan Building Officials: Building Official Florida Association of Plumbing- Gas-Mechanical Inspectors, Inc. State of Florida. Department of Business & Professional Regulation: Building Officiali Codc Administrator, Pla.ns Examiner, Inspector State of Florida, Departmtnt of Busincss & Professional Regulation: General Contractor State of Florida. Florida Board of Building Codes & Standards: Building Official RJ;LATED INDUSTRY ACTIVITIES Building Association of South Florida: Co-Chairman. CODSO'Uction & Codes Committc~ 1980-81 Cllairman, Palm Beach County Fire Code Ad....isory Board 1990-94 Chainnan, Palm Beach County Fire Cod~ of Appeals & Adjustments 1990-94 College ofarcmtectS. Engmeers & Surveyors Selsrmc Committee: 1968-73 tow Cost Housing Committee- Puerto Rico 1963-68 ':l:l" I tibo..l b ( I ljU1LV1N':1 t-'AtIc. tl';1 11/ 1 bl ":IJIJ" 11:":": President, Building Officials Association ofBroward County 1987-88 President, Building Officials Association of Palm Beach County 1994-95 Southern Building Code Congress Inttm'lationa1 By-Laws Committee 1992-93 Southern Building Code Congress International Code Interpretadon Committee 1994-95 SouThern Building Code Conference International Existing Buildmg Code Committee 1995-97 Southern Building Code Conference Intematlona] General Design Committee 1997-1999 International Code Council ICe J}fTERNATIONAL BUILDING CODEc$troctural Committee 1999- Present . ') - ..HJL -~:lS-:)):f; ( Tl.IE) 14: 22 T. Y. E. C. (F,o,XlStil 274 tC22 F'. L;JL~l21tl(r:: 07/0Ii/O5 ruE 11:1Z FAX 5612433774 CITY CLERK tal 004- oa.v..Y BE:ACH C' ... . ... . - .. tdkd AHraericatitt CITY OF DELRA Y BEACH '~nJ: BOARD MEMBER APPLICATION . 7- 7-DJ . 1~~3 . 2001 Pbse OJ: riot the foUo . infoaruuioa: 1. Last N2me:: :rc; N:arne MY. ou,v~&S A ^"Or.t<T<oJ J", 2. Home Addtt=: C SClte Zip Code (p '3'" l.ousr Pi<.. llyf.)@fiA ul FL 1344.r 3. Lcpl R.csidc:uo::: Gt:y S01.b: ~ Code - 4. PJ:io.ciplll Bu.sincss Address: City SOlO: Zip Code 112- S.t? (<:;lTtl ~ D...~ 6cA ~(.. 334S3 5. HOD1c PhOD.C:: 'Bw;m('.SS Phone: E-MmAddress: Cell Phone: F2X: S("I-7:J'- - ~3 5"~/.* 274 '. 0 ,vQt<(fJ,.) (fCJ=. 'A, ~(Z. Z(,t:J4-'- 2'7~-O2.2?- 6. .fw:. you :it xegis(C[ed vote? YdS If 20. wb.ccc ~ you. ~tc:tcd? A ~ . . ';4 ~GJl ~ 7. 'Wh1t Boaz:d(cI) ~ you inta'C:Sted.in servir:Jg? Pk:co;c lisdn. order o~ I?~cc ;Ot4~~ <?' j!cnI.lN6 /.?M;-z.O Sf'~ VL/ 8. we an Cir:r Bo:u:d3 on wblch you uc am:cndy saving Of: b.:i.VC: p~y saved: (p1=e Uidude chn::;) c,.uCk- (fl-v~ /SOA ZOO'Z 7#4<1- ~4- 9. Eduano~ ~Cl-tioos.:: t,..e.e;;zl u;1L ~u. . s. e~,"/(f"I7'Z.F~ . 10. list tty cchr.ed professiod c.a:tifiOltiOOS ~ liccoses 'Which. you bold: SoV1'# ~-'f.&'&_ F"'.as ~ <.. ~J)V'G-?""~ - A ~46uq '12 Desaibe c::rpaic::no::s. skills or ~ ~dl qu:Uifyyou to secrc on thJs board:: (Plcuc ~a:ad111 boo r:c:sume) - ~~ /"/ <J?V~"""'/ d~ I ha:cby ec:r:Ufy 1kI.t:.dl the ~ve SQ.Ccal.a:a.b: :nc ttUc; :u1d r :lgree:aod. 'Wldccsl:ll.Od tb1c 2.O.y aUs$t:ata:neD.t of m2.taW. bas _t>in<d ~maYouse fod'eit=e upa"my P'C' ofaayappoi=( I=y ,""""'- RECElV 0 C ~, . . 7-S"-o!," SIGNAl::Ulm DATE. . - JUl'O 7 2 5 Noo::: This sppIicaUoc. -will J:CtDain on file in the- City aox's Office fO~:1 paiod of2 yors from the date it "ln8 f\ K submitted. It will.,b~ the :i.ppJ.i.anc':I 4Qponsibility to eDsuie' du.t ~ cuttc:nt applio.cioa. is ;51'( C LE ~Oll . ..B.Il-L:tS-;=:t),:I::;( TI.lE) 14: ~~ T. Y. E. C. (FAX)::;81 274 8222 P. L:l((VL):(; ANDR8NJ.YOUNGROSS 636 West Drive Delray Beach, Florida 33445 (561) 276.0274 ED.UCA TIO.li; 8183 - SI86 Florida Atlantic University. Boca Raton, Florida Bachelor of SCIence, EIi~ctncal Engineering 8J76 - 5178 Broward Community College. Coconut Creek. Florida AssoCIate of Arts Degree B.E.Gl$IRMLO.N$; E.I.T. . October, 1991, PE Georgia 1997, PE Florida 1997, PE Alabama 1997. California 2002, VirginIa 2002. South Carolina 2002. EMeJ..OXMENT: March 2004 0 Thompson, Youngross Engineering Consultants, LLC, Delray Beach. Florida Present (561) 274-0200 As a principal of Thompson, Youngross Engineering Consultants. I oversee the Electrical design documents and coordinate all work in the office. I continue to pertorm site investigations, meet with clients and design electrical and mechanical systems, September 1999 - Young ross, Cardenal & Associates, Consulting Engineers LLC, Delray Beach. March 0 2004 Florida, (561) 276-0274 President A~ril 1998 - Youngross & Associates, Consulting Engineers, De/ray Beach, Florida (561)- 2 6. September 1999 0274 President As president of Y oungross & Associates. I oversee all design documents and coordinate all work in the office. I continue to perform site investIgations, meet with clients and design electrical and mechanical systems. August 1995 - R.A. Kamm & Associates, Inc.. Boca Raton. Florida (561 ).995-8636 April 1998 Project Manager, PrinCiple My responsibilities at R.A. Kamm & Associates included, site lIwestlgatlon of existing as-built conditions, construction cost estimation, power distribution design. stand-by power generation. power studies. submittal approvals. lighting calculations and layout design. design of automatic fire alarm and smoke detectIon systems, and field inspections. Other responsibilities included project management and electrical department head. July 1988 - Blakely-Ward-Stuckey of Florida, Inc.. Pompano Beach, Florida (305)-781-8422 August 1995 DeSIgn Engineer My responsibIlities at BWS include, site investigation of existing as-built conditions. construction cost estimation, power distribution deSign, stand-by power generation, CAD Maintenance. power studies, submittal approvals. lighting calculations and layout design. deSIgn of automatic fire alarm and smoke detection systems. and field inspections. June 1986 . National Security Agency. Fort Meade. Maryland July 1988 Project Engineer, Design Engineer Leadership Communications Systems Department: Digital hardware design engineer for a digital desktop telephone. The studn, and implementation of various encryption modules for use In microprocessor app ications. Office of Faculties Engineering: site investigation of existing as-built conditions. construction cost estimation. power distribution design. load center sub-stations. CAD drafling. power studies, design of automatic fire alarm and smoke detection systems. lighting design and field Inspections_ AEElIJATlO./iS; NFP A. FES. IEEE HOBBIES: Golf. Remote Control Model Airplane building and flying, Chess MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY ~iANAGER [1JJ] SUBJECT: AGENDA ITEM # \ G A REGULAR MEETING OF SEPTEMBER 6.2005 RESOLUTION NO. 59-05 (TENTATIVE MILLAGE LEVY FOR FY 2006) DATE: SEPTEMBER 2, 2005 Resolution No. 59-05 tentatively levies a tax on all properties in the City of Delray Beach for FY 2006. The proposed millage rate for FY 2006 is 8.00 mills. Resolution No. 59-05 will set the tentative millage, which can still be reduced at the second budget heanng on September 20th when our final millage will be adopted. The rate of 8.00 mills is the same as FY 2005. Operating millage is 7.45, while debt service millage remains at 0.55. The rolled back rate calculated under the TRIM law for operating purposes is 6.3686 mills. The tentative millage rate at 8.00 mills would be 16.98% above the rolled back rate. At 7.9 mills it would be 15.57% above roll back. The assessed valuation on all taxable property within the City for operating purposes is $6,459,454,317. The assessed valuation for debt service is $6,460,504,460. 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 hearing must be held prior to the adoption of the resolution. Final adoption of the FY 2006 budget IS scheduled for September 20, 2005. Recommend determine the millage rate to insert in Section 1, and approve Resolution No.59-05. S:\City Clerk\agenda memos\Res. 59-05 Tentative 1:1illage Levy FY 2006 -- RESOLUTION NO. 59-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRA Y BEACH, FLORIDA, FOR J'vV\INTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of per one thousand dollars ($1,000.00) of assessed valuatIon is hereby tentatIvely levied on all ta..'(able property within the CIty of Delray Beach for the fiscal year commencing October 1, 2005, and endmg September 30, 2006. There shall be and hereby is appropnated for the General Fund operations of the City revenue derived from s:ud tax for operating and maintenance expenses of the General Fund, and also ill addition, all revenues derived by s:ud 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 withm the CIty of Delray Beach is S6,459,454,317. The tentative operating nullage rate of per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.3686 per one thousand dollars ($1,000.00) by 15.57%. Section 2. That the amount of money necessary to be raIsed for illterest charges and bond redemption wmch constitutes a general obligatIon bonded indebtedness of the City of Delray Beach is $3,375,614. There is hereby appropnated for the payment thereof, all revenues derived from the tentative tax levy of $0.55 per one thousand dollars ($1,000.00) of assessed valuation, wmch IS hereby levied for that purpose for the fiscal year commencillg October 1, 2005, and ending September 30, 2006, upon the taxable property of the City of Delray Beach, the assessed valuation being $6,460,504,460. Section 3. That the above tentative 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 withm the jurischction 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 a public hearing was held on the proposed budget on September 6, 2005. PASSED AND ADOPTED in regular session on this the 6th day of September, 2005. MAYOR ArrEST: City Clerk 2 RES. NO.59-05 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tf171 SUBJECT: AGENDA ITEM # \ Q & - REGULAR MEETING OF SEPTEMBER 6. 2005 RESOLUTION NO. 61-05 (TENTATIVE MILLAGE LEVY IN THE DDA TAXING DISTRICT FOR FY 2006) DATE: SEPTEMBER 2, 2005 Resolution No. 61-05 tentatively levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Dekay Beach for FY 2006. This tentative millage exceeds the 0.7479 rolled back rate calculated under the TRIM law by 33.71%. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing Distnct of the City of Dekay Beach is $386,238,486. A copy of the DDNs Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2006. Recommend approval of Resolution No. 61-05. Final adoption of the DDA tax levy for FY 2006 is scheduled for September 20, 2005. S"\C,ty C1erk\agcnda memos\Res6t-OS Tentative MIllage Levy DDA FY 2006 RESOLUTION NO. 61-05 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 DELRA Y 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 tentatively levied on all taxable property within the Downtown Development Authonty Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2005, and ending September 30, 2006. 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 operanng and maintenance expenses of the Downtown Development Authority Taxing District, and also ill addition, all revenues denved 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 $386,238,486. The tentative operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.7479 per one thousand dollars ($1,000.00) by 33.71%. Section 2. That the above tentative 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 wluch provides that each affected taxing authority, other than murucipalities, 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 vanance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 6, 2005. PASSED AND ADOPTED in regular session on this the 6th day of September, 2005. MAYOR ATTEST: City Clerk 2 RES. NO.61-0S ,AONI \IeI'( III'" I '-'A II: UI- I AAAtSLI: Y ALue -.. 2005 RO Year PALM BEACH County To Delray Beach - D.D.A. (Nam~ of Taxing Authority) , (1) Current Year Taxable Value of Real Property for Operating Purposes $ 386,238,486 (2) Current Year Taxable Value of Personal Property 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) $ 386,238.486 (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $ 27,578,001 Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) ,$ 358,660.485 (6) Current Year Adjusted Taxable Value (4) - (5) (7) Prior Year Final Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) $ 268,244,505 I do hereby certify the values shown herein to be correct to the best of my know! ge a d belief. Witne my hand and official signature at West Palm Beach. A. , this the ST ayof , J ~ TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter NJA or -0-. SECTION II (8) Prior Year Operating Millage Levy $ 1.0000 Per $1,OOC (9) Prior Year Ad Valorem Proceeds (7) x (8) $ 268..245 (10) Current Year Rolled-Back Rate (9) / (6) $ .7479 Per $1,OOC , (11) Current Year Proposed Operating Millage Rate $ 1.0000 Per $1,OOC 12) Check one (1) TYPE of Taxing Authority o County 0 Municipality D Independent Q Dependent D Municipal Service D Multi-County Special District District Taxing Unit o 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,OOC (15) Current Year OTHER VOTED MILLAGE $ -0- Per $1,OOC I DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) I nla (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) $ nla :18) The Current Year Aggregate Rolled-back Rate: (1~) / (6) $ nla Per$1,OOC 19) Current Year Aggregate Rolled-back Taxes: (4) x (18) $ nla ~ ~ . ~ ~ - - . 20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal $ nla Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) 21) Current Year Proposed Aggregate Millage Rate: (20) / (4) $ nla Per $1,OOC 22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate: uta % [(Une 21/ Une 18) - 1.00] x 100 late Time and Place of the first Public Budget Hearing: September 6, 2005, 7: 00 p.m., City Commission Chambers, Delray Beach City Hall, 100 NW 1st Avenue, Delray Beach, FL do hereby certify the mlllages and rates shown herein to be correct to the best of my knowledge and belief. FURTHER, certify that all ml~gis compl with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official 2005 gnatu at e ray each , Florida, this the 22nd dayof July , av T. Harden A!~ of Physical Location 100 NW 1st Avenue Joseph M. Safford, Director of Finance ailing Address Name of Contact PersOn Delray Beach, FL 33444 561 243 7116 561 243 7166 lly Stale Zip Phone Number Fax Number SEE INSTRUCTIONS ON REVERSE SIDE ---- DELRAY BCH CHAMBER 5612780555 DITURE & BUDGET @ 6/30/05 (9 MNTHS) + PROPOSED BUDGET 2005/06 , . 1_ -. _u -. 1_ h_ -. - r .. -"1"2004:05-1 -~~o~:.o~fL. '._ '~~~-0,6 _ Actu!l.I,. ,'~u~g~! Act~ai _ ,!e~r ~iidT . Y~de~/ I I I POp'~s~d Re.venue: 1~0~3-o4 _ 1_2~04-:05_1 =,"0 Date l Estimate. _ (Qv~r>- I! _B~dg,et Ad Valorum Taxes 213,!?31 255..,860._ 2?1,I4i 'j6.Q,?'43{ (4~883), 1_ 1,.. _~6.?,927__ Interest.(CD'saboul$1,5~) . . I .. c.4~2 j . 2,500 ~. .. ~.3 j.. .300 ._ 2'~~_1_'_ __ _. 30.0 Other revenue 10,247 13,747, (13,747) I Total Reven".eio -d~~.__ _-- . I ~ ~1"'~c.3" ~S.,3~ I !~2'~~~L4.r90.l (16,~Oli 11- 3!',227 ~;':o:~'JOI,!, veniur". . . n. _ ~ .1_-94,~O I .94,200 J .73-:- !50f 96.i06l'<2,SOolll: 125,200 Office Expenses: 2,1 o~l I -- ,-- - - ~ - ll~~t:::.~~~~:: & .Repalffi -. ~J : .~:~~~ .1-. ):~ J.H~-l_:~~r ~~~1l:.rl- ..~:~E Bookkeeping Fees 785 I 1,000 I 594 1 1,000 I 0' I 1 ,SOO ~i\tni~ut~~~f:.n:~:,t~S'ed_- -- {- ~{~~{ }~n . _ ~:~~ { - }~~.. - - (3~~>i- : .1.. ~. ~:~~ t'~~~"\,p,,!ls~fs C~arges - ...... -L 3:~~-1. _~~~~_I. _ umJ:~~j ... -:,,2~J l-t - _},~~g. Travel & Meetings I 4,114 7,000 4,052 7,000 0 ,I 7,000 - - . ~ - . - - Sub-Total Oped Offlce Exps L 120.419-t'23,050 1."!!'O~41 i.i6,73~ i _~3~!J8Ql ',___ .~s7:986 ~ . . . - . . , - . '" . -. Chairman's Club D~es O~es l ~88 ~,OQ9 L _1~OQ I., ,1,Oilo.l _0 I.! _ _ ..!,OQO. ~. - -. ~ - .. - -- ---.. Oownto!"n Map Spo~s~~sh~p ,_ L 1~~0~! L ~O,9_00_1 ,1~-,7~~ 1. ,~9,?1_~ , ._. ~a~ '__! -l . .25.0QO ~con<>!T'il?_D~y~I_~p. Pine?p~le Gr9.ve _ .5,QOq,1 _ ~,O!?_O!. _, _ _,_ _ ._ _ __I ,_ ~OQO !.. ,_?,Q..OO_ WARC I 5,000 I 2,500 2,50.0 i ! I 5,000 t-!oli~aY,T~~e ~ FJrs~ ~~gh.t EXp~ns~ .- !~q9(d .1~,~5~.'- ~j3.~oq_i-._-1~,~OOX..,-- _-_o._-!.... _ '__ '2.9~O90 Promotions & Grants"'** 1 8,500 6,000 I 5,500 I 6,000 I 01 ! I 10,0.00 ,R~~~tru~r~~f~n~~~ - - -- - - -- - j39)~?~l'1~_2~09_"_ -3~6~- -!~~~91-~ (8!..OO.o)_,--~_ . '~2.!!..oOO ~:::~~o~~~~gaz!~" - _-.-1_ -- . I . n ~ -1 ~i{~f~ I. _ ___- ___---I~- ~: ~l_ :-1.. . P.S. Illustrated. & USA T<)day.. . .\ . ._ _ .1.. _ _ I. 3,~7~ 1. -. -- .-.. u. J .~ j . - . ~~~i"fi~tUrday:. ",Oih~ CaL ~~. ____ ___ ~n -,~ J;h. . - --- L~ ----.: r :---. - .. ~aVa.;ation.~ulde. &.ir~t ~..... +. n. .:u _., ::- .:.1- 4Q.9ffi j: ..n _ L. _.- - v1 _. . _.~~~~~~!~~~:~t_~_~._:~-,_- _~. _-.--,.:,- ~..=-} ~-~_.~ -,~~~~ I,~' ,- -:---1'~ ~ ~,~-}.t _-',_' ..-_'- Sub To.,.' .."!ke.\. &.I't:omo. _.. . L !07 ,9?81' ~7 ,o;.oo.[ ~4",,~0.\ 1~7 ~714 r - ~~)I'.r .19.1,O.!!". 'y.::'~~ ~': ~_.~..J Reserve Banners 17,605 .0 0 ! 0 ~::~: ~=::~~~Ied .. _ l ;3,~73 i --- - -~r. -. ..J- _ : - _~ _ ~- --M t 1__ -~f.P~ ~~~e~~~i~~-;~~~~~c<?unts: ...,.\ - ~~~;~~': - '_' _ ~- i ,.~ -.~ r- _- _, Q I ~_ . ~ g~ I :; i __ '31,OO~ .! I, I Total Expens_e~_to date' _ _ I _ 2~"-.~2~-,1 J9~~5?O j ~~~!.1~41-~9~~~ L -__(~,~9j)L I. T . - ~7~.986. I I . 1 , --.- :~~::v:~::~~~~:erl~~ ~e.~~. ~~~;ll.j::;:~r. ::::1-~;-={~-~ _____ ~:..1 j~ .~ 1::;::1 TotaIFundsea;;.ledfw,f -- ._ -j -..39.9811._7,791 . 6:i"130_j-JO;327L ____ .:j 1.1 .. 7:568 __ _. _ . _ h _.. _ _. ,_ _ 1, . __ L _._ _ ___, _ ,_ __ _I. _ __ _ _ _ L _ '._ _ n ...Garlic Festival $5001 Green Market 51,OOO/Asian Fair $500/Soul of Oelray $5oo/CinooDaMayo $500/Community Neighbordhood $5001 - -- - - -. - - -, - - - - - -- - -- -- ,- - --- - , - 'n. - I -- - -, 1 '- - , --' Delra Citizens for Pollee $500IRoots $1,OOOJBedRace $500 I -- ----~-- MEMORANDUM TO: J\1A YOR AND CITY COMMISSIONERS FROM: CI1Y MANAGER oft1 SUBJECT: AGENDA ITEM # \~ REGULAR MEETING OF SEPTEMBER 6.2005 RESOLUTION NO. 60-05 (TENTATIVE BUDGET ADOPTION FOR FY 2006) DATE: SEPTEMBER 2, 2005 Resolution No. 60-05 makes tentative appropriations of sums of money for all necessary expenditures of the City for the penod from the 1 st day of October, 2005 to the 30th day of September, 2006. The tentative appropriations are set forth in "Exhibit A" to the resolution. Two verSlOns of "Exhiblt A" are included, one at 7.9 mills and one at 8.0 mills. The additional funds provided at 8.0 mills are shown under "Reserves". Any recommended amendments to "Exhibit A" will be addressed in the Resolution for Final Budget Adoption slated for approval during the September 20, 2005 Clty Commission Meeting. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the tentative budget. Fillal adoption of the budget for FY 2006 is scheduled for September 20, 2005. Recommend approval of Resolution No. 60-05. S \Clty Clerk\agenda memos\Res 60-0STentatIve Budget AdoptIon FY 2006 - ------- RESOLUTION NO. 60-05 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRAY BEACH, FLORIDA, :MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CI1Y OF DELRA Y BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2005, TO THE 30th DAY OF SEPTEMBER, 2006; 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 bemg to make the appropriations payable m 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 1 st day of October, 2005, and ending the 30th day of September, 2006, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, sald 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 penod commencing the 1 st day of October, 2005, and ending the 30th day of September, 2006. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2005, except as otherwlse provlded for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropnations which may be made in any appropriation for the fiscal year commencing the 1 st day of October, 2005. 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 fmancing the proposed expenditures of these Funds for the fiscal year commencing the 1 st day of October, 2005. Section 4. That no department, bureau, agency or individual rece1vmg 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 Dekay 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 department, bureau, agency or individual of the City government shall be paid promprly into the City Treasury. Section 8. That the foregoing budget is hereby tentatively adopted as the official budget of the City of Dekay 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 a public hearing was held on the tentative tax levy and the tentative budget on September 6, 2005. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 6th day of September, 2005. MAYOR ATTEST: City Clerk 2 RES. NO.60-0S Exhibit A Budget Summary (Amended) DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 486,100 12,760 1,609,550 63,810 2,172,220 ESTIMATED REVENUES: 0 0 TAXES Millages 0 0 AD VALOREM TAXES 735 45,103,140 0 0 45,103,140 AD VALOREM TAXES 0,55 3,375,620 0 0 3,375,620 AD VALOREM-DELINQUENT 72,000 0 0 72,000 AD VALOREM - DDA 100 366,930 0 0 366,930 Sales & Use Taxes 1,882,000 0 0 1,882,000 Franchise Taxes 3,932,250 0 0 3,932,250 Utility Taxes 4,191,000 0 0 4,191,000 Other Taxes 3,650,000 0 0 3,650,000 Licenses & Permits 3,515,950 0 0 3,515,950 Intergovernmental 7,527,020 582,180 1,970,110 10,079,310 Charges for Services 6,228,300 36,614,970 0 42,843,270 Fines & Forfeitures 1,019,800 0 41,800 1,061,600 Miscellaneous Revenues 4,215,610 300 276,900 118,000 4,610,810 Other Financing Sources 3,228,690 6,444,540 1,282,070 10,955,300 TOTAL REVENUES AND OTHER FINANCING SOURCES 87,941,380 367,230 43,918,590 3,411,980 135,639,180 TOTAL ESTIMATED REVENUES AND BALANCES 88,427,480 379,990 45,528,140 3,475,790 137,811,400 EXPENDITURESlEXPEN8ES: General Government Services 9,043,580 0 0 9,043,580 Public Safety 46,709,330 0 41,800 46,751,130 Physical Environment 557,150 28,544,520 0 29,101,670 Transpor1ation 1,907,270 0 0 1,907,270 Economic Environment 260,700 379,990 0 1,388,870 2,029,560 Human Services 153,300 0 795,550 948,850 Culture & Recreation 12,226,350 4,357,830 976,580 17,560,760 Debt Service 5,111,480 5,825,160 0 10,936,640 Other Financing Uses 12,221,280 5,856,110 257,410 18,334,800 TOTALEXPENDITUR~PENSES 88,190,440 379,990 44,583,620 3,460,210 136,614,260 Reserves 237,040 0 944,520 15,580 1,197,140 TOTAL EXPENDITURES AND RESERVES 88,427,480 379,990 45,528,140 3,475,790 137,811,400 Exhibit A BudgetSOOlmary (Amended) DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 486,100 12,760 1,609,550 63,810 2,172,220 ESTIMATED RIEVEIIUES: 0 0 TAXES Mlllages 0 0 AD VALOREM TAXES 745 45,716,790 0 0 45,716,790 AD VALOREM TAXES 055 3,375,620 0 0 3,375,620 AD VALOREM-DELINQUENT 72,000 0 0 72,000 AD VALOREM - DDA 100 366,930 0 0 366,930 Sales & Use Taxes 1,882,000 0 0 1,882,000 Franchise Taxes 3,932,250 0 0 3,932,250 Utility Taxes 4,191,000 0 0 4,191,000 Other Taxes 3,650,000 0 0 3,650,000 Licenses & Permits 3,515,950 0 0 3,515,950 Intergovernmental 7,527,020 582,180 1,970,110 10,079,310 Charges for Services 6,228,300 36,614,970 0 42,843,270 Fines & Forfeitures 1,019,800 0 41,800 1,061,600 Miscellaneous Revenues 4,215,610 300 276,900 118,000 4,610,810 Other Financing Sources 3,228,690 6,444,540 1,282,070 10,955,300 TOTAL REVENUES AND OTHER FINANCING SOURCES 88,555,030 367,230 43,918,590 3,411,980 136,252,830 TOTAL ES11IIATED REVENUES AND BALANCES 89,041,130 379,990 45,528,140 3,475,790 138,425,050 EXPENDlTURESlEXPEN8BI: General Government Services 9,043,580 0 0 9,043,580 Public Safety 46,709,330 0 41,800 46,751,130 Physical Environment 557,150 28,544,520 0 29,101,670 Transportation 1,907,270 0 0 1,907,270 Economic Environment 260,700 379,990 0 1,388,870 2,029,560 Human Services 153,300 0 795,550 948,850 Culture & Recreation 12,226,350 4,357,830 976,580 17,560,760 Debt Service 5,111,480 5,825,160 0 10,936,640 Other Financing Uses 12,221,280 5,856,110 257,410 18,334,800 TOTAL EXPENDITURESlEXPENSES 88,190,440 379,990 44,583,620 3,460,210 136,614,260 Reserves 850,690 0 944,520 15,580 1,810,790 TOTAL EXPENDITURES AND RESERVES 89,041,130 379,990 45,528,140 3,475,790 138,425,050 --- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # ,~ t:> - REGULAR MEETING OF SEPTEMBER 6, 2005 ORDINANCE NO. 57-05 (SECOND READING /SECOND PUBLIC HEARING) DATE: SEPTEMBER 2, 2005 This ordinance is before Commission for second reading and second public hearing for a rezoning from PC (planned Commercial) in part, and PRD (planned Residential Development) in part, to OSR (Open Space and Recreation) for an 11.15 acre parcel of land for Bexley Park, located between Barwlck Road and Military Trail north of the L-31 Canal. At its meeting on June 16,2003, the Planning and Zoning Board approved a Master Development Plan for the entire 55 acre Bexley Park development; which includes a 264 lot subdivision consisting of 101 single-family zero lot line homes, 82 three-story townhomes, 81 two-story triplex villas, and a publicly dedicated 11.15 acre park site and 3.78 acre lake parcel. A Conditional Use approval was granted on July 22, 2003 for a free standmg multiple family development on the 6.79 acre parcel zoned PC located adjacent to South Military Trail, which was depicted on the previously described master plan. At its meeting of November 19, 2003, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification, Landscape Plan, and Architectural Elevations for the development. At its meeting of February 17,2004, the City Commission approved the preliminary/final plat for Bexley Park. The Bexley Park residential components are under construction at this time. The rezoning to OSR is being processed with a Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) in part and GC (General Commercial) in part to OS (Open Space). The existing FLUM and rezoning designations do not accommodate the park use envisioned for the site. The adopted Parks and Recreation Master Plan identifies a demonstrated need for the park. At its meeting of August 2, 2005, the City Commission approved on first reading the associated FLUM amendments for the property in conjunction with Comprehensive Plan Amendment 2005-2. The Planning and Zoning Board held a public hearing at its meeting of July 18, 2005. There was no public testimony. After discussing the request, the Board voted 6-0 to recommend to the City Commission approval of the proposed rezoning, 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 critena set forth in LDR Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings). At the first reading on August 16, 2005, the City Commission passed Ordinance No. 57-05. Recommend approval of Ordinance No. 57-05 on second and final reading. s. \Clty Clerk\agenda memos\Ord 57-05 Bexley Park Rezorung 090605 ~ I CITY COMMISSION DOCUMENTATION I TO: D~ T. HA~TY MANAGER FROM: P ~RLlNG, 01 ~TOR OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 16, 2005 CITY INITIATED REZONING FROM PRO (PLANNED RESIDENTIAL DEVELOPMENT) AND PC (PLANNED COMMERCIAL) TO OSR (OPEN SPACE AND RECREATION), FOR BEXLEY PARK, LOCATED BETWEEN BARWICK ROAD AND MILITARY TRAIL NORTH OF THE L-31 CANAL. t BACKGROUND I ANALYSIS I At its meeting on June 16, 2003, the Planning and Zoning Board approved a Master Development Plan for the entire 55 acre Bexley Park development. The development includes a 264 lot subdivision and consists of 101 single-family zero lot line homes, 82 three-story town homes, and 81 two-story triplex villas, a publicly dedicated 11.15 acre park site and 3.78 acre lake parcel. A Conditional Use approval was granted on July 22, 2003 for a free standing multiple family development on the 6.79 acre parcels zoned PC (Planned Commercial) located adjacent to South Military Trail, which was depicted on the previously described master plan. At Its meeting of November 19, 2003, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification, Landscape Plan and Architectural Elevations for the development. At its meeting of February 17, 2004, the City Commission approved the preliminary/final plat for Bexley Park. The Bexley Park residential components are under construction at this time. The rezoning to OSR is being processed concurrently with a Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) in part and GC (General Commercial) in part to OS (Open Space). The existing FLUM and zoning designations do not accommodate the park use envisioned for the site. The adopted Parks and Recreation Master Plan identifies a demonstrated need for the park. At its meeting of August 2, 2005, the City Commission approved on first reading the associated FLUM amendments for the property in conjunction with Comprehensive Plan Amendment 2005-2. The second reading of the rezoning ordinance will occur at the same meeting as the adoption hearing of the Comprehensive Plan amendment (October 4, 2005). Additional background and analysis of the requests are found in the attached Planning and Zoning Board Staff Report. I PLANNING AND ZONING BOARD CONSIDERA rlON I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the rezoning and related Future Land Use Map amendment. There was no public testimony regarding the proposed changes. After discussing the request, the Board voted 6-0 (Jill Morris resigned) to recommend to the City Commission approval of the rezoning from PRD (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D) (5) of the Land Development Regulations. I RECOMMENDED ACTION I ,- I Move to approve the rezoning from PRD (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D) (5) of the Land Development Regulations. Attachments: Planning and Zoning Board Staff Report of July 18, 2005 and Proposed Ordinance 'CD PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 18, 2005 AGENDA ITEM: IV.D. (2)(a) ITEM: Future Land Use Map amendment from LD (Residential Low Density 0-5 du/ac) in part and GC (General Commercial) in part, to OS (Open Space) and rezoning from PC (Planned Commercial) in part, and PRO (Planned Residential Development) in part, to OSR (Open Space and Recreation) for the public park within the Bexley Park Subdivision located on the east side of Military Trail north of the L-31 Canal. (Quasi-Judicial Hearing) '_I 1 1 'I 1 ""1'_1-..1-. _*,1:: ~_ -c, .: ClASSoC',L BOULEVARD _;- '\_ _. ~. .l~ --Hl1 :.7/~ .. (110" GENERAL DATA: ~ ~'t~-----) \. ~---- -- J~!- -:-~-~~~-~i' . ::i~E-- ~ """ERN 01'''''' 1:\ _ -fr_~:! ,_+tf- ,------'---- - - - ~ -i ---~ Own~r...................................... C~ty of.l?elray Beach - (\ Cl.S9:" .c~J-- . ~~~~i Apph~nt..................................... City Inltlated_ ~---_._~--_.. - : It.::j Location...................................... North of Lake Ida Road, between f-I I-.H-I-_-H-H-~--_ = -: kco=- M.i1it~ry Trail and Barwic~ .R?ad, i PALM RIDGE SLA> ~__ ~ _ (eE":O p,i '01' . Within Bexley Park subdivIsion. f---l ii I .~ --~ .: I [ -- ~~f~~i F~~~;~..L~~d.U~~..M~P~~.. L~ ~~:;r~:nsity Residential, 0-5 --~--- i1Ul L i I . du/ac) In part and GC (General ~ . - - - -. - ! ~ - . . .........-.... Commercial) In part . . Proposed F.L.U.M.................... OS (Open Space) : : Existing Zoning........................... PRO (Planned Residential) in part: : and PC (Planned Commercial) in ~ 1 1 1 .. . : rt . II pa . . Proposed Zoning..................... OSR (Open Space and Recreation) : ... :-1' Adjacent Zoning................North: PRO 1---- __~~~L- .. L-:..31_ _ _- -.- East: PRO i - 0 South: RM (Medium Density Residential) ~~o~~ AiQ) /;:=:<~ "/(/6? W t. PC //:.:...,p0 \\ jj'0Ji""')I \ ""<'d><l> es. . .,.,..,,, )\ ..Q _~~/ ' (... . . II i .,' -~~ 2 r Ex/sting land Use...................... Vacant II /'.s. ('-----. ?-ri~, ,0 \, L,3.N( 1r-.- ~~' \..:::'l Proposed Land Use.................... Future Land Use Map Amendment ~ ll~~; Ii and Rezoning to more consistent ~ ~ L.-~/ d~signations to accommodate a ~~$J ~~) 1 ~ City Park. ',' ,\ '0" \\ .-J 'i W t S . I 'Ie ~ II '0\ 1'- I a er erv/ce............................. n a l' ).',,:::-"', if ~"' - j!'lri\ S S. I ~(O) \\~',' loS' \-~~ - ' ewer ervtce............................. n a i =' ~ ~ jc .; LAKE IDA ROAD .-- ~ ~ I !" NH 6TH cr .-- ~ --- ------- --~ -- - - - r---___ 6TH s IV. D. (2)(a) I ITEM BEFORE THE BOARD I The action before the Board is making a recommendation to the City Commission on a City initiated Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) and GC (General Commercial) In part to OS (Open Space) and rezoning from PRO (Planned Residential Development) and PC (Planned Commercial) to OSR (Open Space and Recreation) for Bexley Park, generally located north of Lake Ida Road, between Military Trail and Barwick Road, within the Bexley Park subdivision. Pursuant to Section 2.2 2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. I BACKGROUND I The subject property has an extensive land use history and the following are the most recent land use actions regarding the subject property: In 2001, the City acquired approximately 55 acres of land at the City's northwest planning area. Under direction of the City Commission, staff issued a Request for Proposal (RFP) to Master Plan the property for future development. The RFP emphasized several items including the provision of moderate-income housing and the reservation of approximately 10-15 acres of the residential component for a neighborhood park. At its meeting of November 5, 2002, the City Commission approved the selection of the development proposal known as Bexley Park. At its meeting on June 16, 2003, the Planning and Zoning Board approved a Master Development Plan for the entire 55 acre development. The development includes a 264 lot subdivision located on a 55187 acre site and includes 101 single-family zero lot line homes, 82 three-story townhomes, and 81 two-story triplex villas. The development proposal also incorporates the following: . A publicly dedicated 11.15 acre park site; . A 3.78 acre lake parcel; A Conditional Use approval was granted on July 22, 2003 for a free standing multiple family development on the 6.79 acre parcels zoned PC (Planned Commercial) located adjacent to South Military Trail, which was depicted on the previously described master plan. At its meeting of November 19, 2003, the Site Plan Review and Appearance Board approved a Class II Site Plan Modification, Landscape Plan and Architectural Elevations for the development. At its meeting of February 17, 2004, the City Commission approved the preliminary/final plat for Bexley Park. The Bexley Park residential components are under construction. I FUTURE lAND USE MAP AMENDMENT ANA lYSIS I This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). land Use Analvsis: Pursuant to land Development Regulation Section 3.1.1(A) (Future land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 2 situated and, said zoning must be consistent with the land use designation as shown on the Future land Use Map. The underlying Future Land Use Map designation for the subject property is a combination of LD (Low Density) and GC (General Commercial) and the proposed designation is OS (Open Space). The Parks and Recreation Master Plan identifies this 11.15 acre site as a appropriate location for a neighborhood park. The proposed zoning designation of OSR (Open Space and Recreation) will be consistent with the proposed Future Land Use Map designation. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future land Use Element Policy A-1.7: Amendments to the Future land Use Map must be based upon the following findings: o 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, 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 basis for the FLUM change is that the existing FLUM designation of LD (Low Density Residential 0-5 du/ac) and GC (General Commercial) will not accommodate the park use envisioned for the site. The above policy does not require data and analysis to be provided to support the new OSR FLUM designation; however, the adopted Parks and Recreation Master Plan identifies the demonstrated need which was adopted by the City Commission in 2002. o Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. A review of the applicable Comprehensive Plan Policies was undertaken and the following applicable policy was identified. Open Space and Recreation Element Policy A2.14 - All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation Master Plan The proposed FLUM amendment is consistent with this policy as a directive of the Master Plan is to provide additional neighborhood parks Citywide. The Park was depicted on the master plan and dedicated in conjunction with the subdivision plat. 0 Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 3 The proposed FLUM change and rezoning will place the property in an open space category rather than the current residential category. This will result in a reduction in intensity therefore concurrency can be met and is not an issue. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of OS will be consistent with the surrounding land use designations and will accommodate the proposed use of the property. Since the proposed park will primarily serve the recreation needs for the immediate neighborhood and was depicted as part of the Bexley Park subdivision master plan compatibility is not an issue. D Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property will be developed as a park and will be reviewed for compliance with the LDR during the related site plan approval process. No problems are anticipated in meeting the LDR requirements. I ZONING ANALYSIS I REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D) (5) (Rezoning Findings), 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. Section 3.2.2 (Standards for Rezonina Actions): Standard B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 4 The surrounding residential areas are classified as "Stable" residential areas on the Residential Neighborhood Categorization Map. The adjacent residential properties are zoned PRO (Planned Residential Development) to the north and west, County AR (Agricultural Residential) to the east, and RM (Medium Density Residential) to the south. The City-initiated rezoning request is to a designation identified in the above policy, and therefore meets the intent of this regulation. (0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is surrounded by residential zoning districts. The proposed changes will allow the site to be developed into a community park to serve this immediate neighborhood and as such should not be incompatible. Section 2.4.5(0) (5) (Rezonina Findinas): Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: 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; 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 the rezoning is "b" and "c". The change in circumstance is that the property has been annexed with the expressed purpose identified in the RFP of establishing a community park. The proposed land use changes and zoning change are necessary to accomplish that goal. Further, the zoning designation of Open Space and Recreation is of similar intensity (if not less) and more appropriate for the property to accommodate the envisioned development of the parcel to benefit the community. I REVIEW BY OTHERS I The development proposal is not located within the geographical area requiring review by the CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: . Barwick Ranch Estates . Country Manor . PROD (Progressive Residents of Delray) . President's Council P & Z Board Staff Report Bexley Park - FLUM Amendment and Rezoning Page 5 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property Letters of objection and support, if any, will be presented at the Planning and Zonrng Board meeting. I ASSESSMENT AND CONCLUSION I The existing FLUM designation of LO (Low Density Residential 0-5 du/ac) and GC (General Commercial) and zoning of PRO (Planned Residential Development) are inappropriate for the site in light of the expressed purpose of the property per the RFP, dedication and the Parks and Recreation Master Plan. The FLUM amendment and rezoning will allow the development of the parcel as a neighborhood park. As this intended use of the property was envisioned by the City and the immediate neighborhood, it is appropriate to approve these changes. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1, 3.2.2, and 2.4.5(D) of the Land Development Regulations. I ALTERNATIVE ACTIONS I A. Continue with direction. B. Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRD and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request IS consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2 2, and 2.4.5(D) (5) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRD and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D) (5) of the Land Development Regulations. I STAFF RECOMMENDATION I Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from LD and GC to OS and rezoning from PRD and PC to OSR for Bexley Park, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4 5(0) (5) of the Land Development Regulations. 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ANE _ ,\ LANE 0 0 0 '( 0 /' _ ~ COUNTRY \MANORS ROAll r - ; : (~~ MCAllO",~ ~ 0, 'lB'RD ~ ~ARrnNAl ~ o~ \ :t/lff ( 3: (/) I ---1, ~ 0 ~ ~ 1>- S ~ LANE CI <Qf\~ 0 CM'C l~ 0)' - 0 lt~ '--- LAKE IDA ROAD : il \ I I I I I I I I I I I I T -1 I I I I ) ( . \ I I I I N PROPOSED ZONING DISTRICT MAP FOR: - cm OF OCtRI\Y BEI\CH. tL CITY PARK WITHIN BEXLEY PARK PL....NING & lONING DEPARTMENT REZON1NG FRW PRO (PLANNED RESIDENTAL) AND PC (PLANNED COMMERCIAL) TO OSR (OPEN SPACE & RECREAflON) __ DIGITAL BASE VAP SYSTEM _ _ MAP REF LMBS4 ORDINANCE NO. 57-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRE SENTL Y ZONED PC (PLANNED COMMERCIAL) DISTRICT IN P ART AND PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF THE L-31 CANAL, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned PC (Planned Commercial) District in part and PRD (Planned Residential Development) District in part; and WHEREAS, at its meeting of July 18, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. 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 OSR (Open Space and Recreation) District for the following described property: Tracts C-l and C-2, Plat of Bexley Park as recorded in Plat Book 102, Pages 48-56, of the Public Records of Palm Beach County, Florida Section 3. 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 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs (DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. (as referenced in Ordinance 56-05). PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 57-05 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtJ/t.1 SUBJECT: AGENDAITEM# \~~ - REGULAR MEETING OF SEPTEMBER 6. 2005 ORDINANCE NO. 58-05 (ANNEXATION - WATKINS MOTOR LINES) DAlE: SEPTEMBER 2, 2005 This Ordinance is before Commission for second reading and public hearing for a voluntary annexation via water service agreement for a 4.72 acre parcel of land which contains Watkins Motor Lines Truck Terminal, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. The property, located in unincorporated Palm Beach County, is zoned CG/SE (Commercial General/ Special Exception). The property is located within the City's Planmng Area (Future Annexation Area) and the owner is subject to a voluntary annexation clause via an executed water service agreement. The Watkins Truck Terminal known as Watkins Motor Lines was legally established by Resolution No. 71-299, approved on August 19, 1971 by the Board of County Commissioners, which modifies the zoning from A- 1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility. The property is currendy receiving water service from the City and is contiguous to the City limits to the east. The water is being provided pursuant to a water service agreement executed on May 18, 1979 which included a voluntary annexation clause. The application of City Land Use and Zoning designations is being processed separately and included in Comprehensive Plan Amendment 2005-2 which was considered by City Commission on August 2, 2005. On July 18,2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission that the request be approved. Recommend approval based upon the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan, and based upon positive findings with respect to Land Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(0)(5) (Rezoning Findings); and that the property is contiguous, reasonably compact, and does not create an enclave; and services will be provided to the property in a manner similar to other similar properties witlun the City. At the first reading on August 16,2005, the City Commission passed Ordinance No. 58-05. Recommend approval of Ordinance No. 58-05 second and final reading. s:\c.ty Clerk\agenda memos\Ord 58-05 Watkms Motor LInes Annexation 090605 ~ , CITY COMMISSION POCUMENTATIC::JN'. . I . TO: 01 T. HA DE CITY MANAGER THRU: PA L~L1NG. 01 TOR OF PLANN~ UNG FROM: ESTELlO BRETO, SENIOR PLANNER ~ SUBJECT: MEETING OF AUGUST 16, 2005 ANNEXATION FOR A PARCEL WHICH CONTAINS WATKINS MOTOR LINES TRUCK TERMINAL. THE PARCEL IS A 4.72 ACRES SITE LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 1.400 FEET SOUTH OF LAKE IDA ROAD. ~ BACKGROUND I The 4.72 acres site which contains the Watkins Truck Terminal and is located in unincorporated Palm Beach County and is zoned CG/SE (Commercial General/Special Exception). The property is located within the City's Planning Area (Future Annexation Area) and the owner is subject to a voluntary annexation clause via an executed water service agreement. The Watkins Truck Terminal known as Watkins Motor Lines was legally established by Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility. The property is currently receiving water service from the City and is contiguous to the City limits to the east. This water is being provided pursuant to a water service agreement executed on May 18, 1979 which included a voluntary annexation clause The application of City Land Use and Zoning designations are being processed separately and are included in Comprehensive Plan Amendment 2005-2 which was considered by City Commission at their August 2, 2005 meeting. I PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with this request After reviewing the staff report and discussing the proposal, the Board voted unammously to recommend that the request be approved. The request was approved based upon positive findings with respect to LOR Sections 3.1.1, 3.2.2, and 2.4.5(0)(5), and that the property is contiguous, reasonably compact and does not create an enclave, and, that services will be provided to the property in a manner similar to other similar properties within the City. I RECOMMENDED ACTION ~ By motion, approve on first reading the ordinance for Annexation of the Watkins Truck Terminal based upon the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and with Florida Statute 171 044, as the property is contiguous with the City, reasonably compact, does not create an enclave, and services will be provided in a manner which is consistent with services provided to other similar properties already in the City. Attachments: Staff Report prepared for the P & Z meeting of July 18, 2005 Ordinance No. 58-05 \~A PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---ST AFF REPORT --- MEETING DATE: July 15, 2004 AGENDA ITEM: IV.D.2.b. ITEM: Future land Use Map des19nallon change from County CH-8 (CommerCial High With an Underlymg High Residential. 8 dulac) to City TRN (Transitional) and rezoning from County CGISE (Commercial General SpeCIal Exception) to City SAD (Special Activities District) for Watkins Truck Terminal and Public Storage Facility; and Future land Use Map designation change from County CH-8 (Commercial High With an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (CommerCial General/Special Excepllon) to CIty General Commercial (GC) for Valero Gas Station. The three parcels are contained in a 9 13 acres site located on the west side of Military Trail approximately 1.400' south of lake Ida Road. lOA R 0 A 0 - PETAL PLAct GENERAL DATA: > '" Owner/Applicant....................... .. City of Defray Beach Agent. ........ ................................. City of Delray Beach ~ location............................. _..... _. West side of Military Trail z approximately 1400' I south of lake Ida Road. ~ - Property Size.............................. 9.13 Acres ;J Existing County Future land Use CH-8 (Commercial High ----'-- Map Designation ........................ with an Underlying HIgh >- Residential. 8 du/ac) a::: C.ANAL L-32 <{ Proposed City Future Land Use I t- Map Designation......................... GC (General Commercial) In part, and TRN -' (TransItional) in part. :::;:~ Existing County Zoning............... CG/SE (Commercial General Special Exception) P d C'ty Z . GC (General Commercial), repose I omng................. in part, and SAD (Special Activities District) in part. Adjacent Zoning................North: Palm Beach County Single Family Residential (RS) East: Residential Medium Density (RM) and Planned Office Center (POC) South: Palm Beach County Agricultural Residential posr (AR) and City Automotive Commercial (AC) West: Palm Beach County Agricultural 'f/GHpOlN T OFFICE :::J Residential (AR) 0 Existing land Use...................... Truck Terminal, Storage Vl 0-'.. Q;-'> Facility, and Gas Station . <0 ~r,; ~~ ~<, Proposed Land Use.................... Same as existing ~ (Ltc "," Water Service........ __.......... .._...... 12" water main located t i along Military Trail. ! Sewer Service............... __ . _. .. . ___ ... Sewer service is available from a lift station at the north east comer of the site IV.D.2.b. , . .:la'I_'~~"':.:'" ',: t- .::- .-.: '" ITEM BEFORE,tHE.Efb"AttD.....:..~' <:-. .~~ .; :~ - , .....:":..,...r.". '. The action before the Board is that of making a recommendation to the City Commission on Voluntary Annexation, Future land Use Map Amendments and Rezoning as follows: 0 Parcel 1 - Public Storage Facility: Future land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). 0 Parcel 2 - Watkins Truck Terminal: Future land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). 0 Parcel 3 - Valero Gas Station: Future land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). The three parcels are contained in a 9.13 acres site located on the west side of Military Trail approximately 1,400' south of lake Ida Road. Pursuant to land Development Regulations (lOR) 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 subject property is 9.13 acre site which contains three parcels located on the south side of Canal L-32 and to the north of Conklin Drive and front on Military Trail. The property is bound to the south by Tire Kingdom and la Sedona town house development. To the west the property is bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north by High Point of Delray West (Condo Development); and to the east (across Military Trail) by High Point of Delray East (Condo Development) and Pylon Professional Center. The subject property contains Valero Gas Station, a Public Self Storage facility and Watkins Truck Terminal. The truck terminal known as Watkins Motor lines was legally established by Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility (Watkins Motor Lines truck terminal) on the northern portion of the property. Valero Gas Station was legally established by Resolution No. 81-1212 approved on September 29, 1981 by the Board of County Commissioners which granted a special exception to allow an auto service station on the southeast portion of the property. The Public Self Storage facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by -- Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 2 the Board of County Commissioners which granted a special exception to allow an endosed storage facility on the southwest portion of the property. The access to these parcels is directly from Military Trail. The property is under the jurisdiction of Palm Beach County but is in a designated annexation area for the City of Defray Beach. The City has an Advisory land use designation of TRN (Transitional) on the property that allows the establishment of uses which are compatible with adjacent residential use. The applicants are currently receiving water service from the City and are contiguous to the City limits to the east. This water was provided pursuant to a water service agreement which contains an annexation clause. The execution of that agreement was a consent to voluntary annexation under Florida Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the City Commission deems it to be in the best interests to the City to annex the property. The Future Land Use amendment and rezoning of the subject property will part, of Comprehensive Plan Amendment 2005-2 September 2005 to be adopted in September 2005. .~ . . '~"'~-'iJfOR~""~'-"~ ..........~.,...tM...Fr...Mrrl~'-'-..x-L:Y!ii~'tU:'."u.1 ..i....~~... . " !r"'~ . - ... f' T - NO U E MAP A E DEANA IS ." . _f" '., . '" ,'.. I' . .-..--:...-.., .... . . fI . I. . "'I . ...c.,I'"'. .-..... .....'I..! we &.........~ :.......".....,.. ..... = . ....A..... II I' . . .... . _._ ._0';:...'1. . I' . ..._. .. ..r . ... .........1.... .... Current land Use DesiQnation: The current land use map designation for the property is County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The current City Advisory designation is TRN (Transitional). Reauested land Use Desianation: The requested Future Land Use Designation is to City TRN (Transitional) for Watkins Truck Terminal and the Public Self Storage facility and to City GC (General Commercial) for Valero Gas Station. Florida Statues GoverninQ Voluntary Annexations: Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality" . The proposed GC land use designation for the Gas Station is not consistent with the advisory designation of Transitional. However, given the long standing use it would appear inappropriate to apply a designation which would make the existing use non-GQnforming. In the case of the other two uses they are currently allowed in industrial districts. While the proposed zoning will allow the uses to continue, the long term redevelopment of the sites to a use more consistent with the transitional land use and compatible with adjacent residential areas is desired. land Development ReQulations Governina Annexations: Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owners consented to voluntary annexation via execution of the water service agreement. It is noted that all the parcels are subject to the voluntary annexation. The original agreement was signed by Watkins Truck facility and parcels were later sold off for development as the Self Storage and Gas Station facility. However, as the agreement runs with the land all these parcels are now subject to annexation. -- Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 3 land Use Analvsis: Consistencv Between the City and County land Use Desianations: The proposed City Advisory Land Use Map Designation for the property is TRN (Transitional). The existing County Future Land Use Map Designation for the property is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The City's TRN Land Use Designation is consistent with the County's residential component of the CH-8 designation in that residential developments with a density between five and twelve units per acre are allowed. However, the Transitional land use designation does not allow commercial development other than that of a neighborhood scale. Given the development of adjacent properties with predominantly residential uses it would appear more appropriate to limit redevelopment to those allowed in City zoning districts consistent with a Transitional land use designation (office, medium density residential, or neighborhood residential commercial) rather than heavy commercial uses. Adiacent land Use Map Desianations. Zoning Designations and land Uses: . The following zoning designations and uses abut the subject property: I I Zoning Designation I Use I North: Palm Beach County Single Family High Point of Delray West (Condo Residential (RS) Development) Palm Beach County Agricultural Rockland Park Single Family South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive) and Commercial AC Tire Kin dom Residential Medium Density (RM) and High Point of Delray East (Condo East: Planned Office Center (POC) Development) and Pylon Professional Center West: Palm Beach County Agricultural Rockland Park Single Family Residential AR Subdivision Alon Conklin Drive North: North of the subject property, has a Palm Beach County zoning of RS (Residential Single Family). The property is developed and contains multiple family structures. South: To the south, across Conklin Drive, has a Palm Beach County land use designation of LR-3 (Low Residential 3 - du/ac) and a City Land Use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General Special Exception (CG/SE) and is vacant land. West: The abutting property to the west has a Palm Beach County land use designation of Low Residential 3 - du/ac (LR-3) with a City land use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family home and horse farm located on a five acre parcel. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station. Watkins Truck Terminal. Public Storage Facility Annexation. FLUM Amendment with Initial Zoning of GC and SAD Page 4 East: East of the property (across Military Trail) has a City land use designation of MD (Medium Density Residential) 5-12 du/ac) and is zoned RM (Residential Medium Density). The property to the east is known as High Point of Delray East Condo development. Staff is recommending that although the adjacent development pattern to the west and to the north, and a portion to the south consists of RL (Multifamily Residential Low Density) and AR (Agricultural Residential) a land use change to General Commercial and rezoning of GC (General Commercial) for the southeast portion of the property, and a land use change to Transitional (TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be supported. This rezoning will maintain consistency with the development pattern to the south and will avoid creating non-conforming structures of these previously legally established uses. The Transitional land use and SAD zoning will allow flexibility in future development but will not promote further industrial development upon redevelopment as currently exists on the site. Allowable land Uses: Under the proposed GC (General Commerciar) zoning designation gasoline stations are allowed as a conditional use [Ref: LOR Section 4.4.9(0)(9)]. Within the SAD (Special Activities District) zoning designation all uses which are allowed are established at the time of establishment of the SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approved (via ordinance) by the City Commission. Therefore. the existing Truck Terminal and Public Self Storage Facilities will become permitted uses with the adoption of the SAD zoning for this site. REQUIRED FIDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to lOR Section 3.1.1, prior to approval of land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. o 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. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), atlland uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed General Commercial (GC) zoning district is consistent with the proposed General Commercial (GC) FLUM designation. Under the proposed GC (General Commercial) zoning district gasoline stations are allowed as conditional use to the GC District. The SAD zoning is deemed consistent with any land use designation on the Future Land Use Map and has been established to allow for projects which are not otherwise classified in other zone districts. With the adoption of the SAD (Special Activities District) zoning designation the Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 5 public self storage facility and truck terminal will become permitted uses at that site. This will allow the current uses to remain conforming yet not encourage future industrial redevelopment. Based on the above, positive findings can be made with respect to FLUM consistency. o Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from CH-8 to GC for the southeast portion of the property and to TRN for the remaining balance on a 9.3 acres site that contains three parcels. The proposed FLUM Amendment will accommodate existing uses. While impacts will not increase they will shift from County providers to City providers. It is noted the City has provided the site with water service for many years and will continue to do so upon annexation. Concurrency findings with respect to Solid Waste and Sewer are discussed below: Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons of solid waste per year (924 sq.ft x 29.5.12,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing 49,423 square feet of public storage floor area generates 128.50 tons of solid waste per year (49,423 sq.ft x 5.2.12,000 Ibs. = 256,999 Ibs or 128.50 tons). The existing 17,980 square feet of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x 9.2./2,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is 225 tons. This amount of solid waste can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals and existing facilities till the year 2024. Sewer: Sewer service is available from a lift station at the northeast corner of the site. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. o Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: 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. Planning and Zoning Board Staff Report: Meeting of 07118/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 6 The proposal involves annexation of unincorporated property which requires changing the FLUM designation from County to City. The current County FLUM designation is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) and the proposed City's designation is GC (General Commercial) for the southeast portion of the property, which provides basic regulations for small parcels that are best suited for general retail use but which are not of sufficient size to be designed in a planned sense. The proposed City's land use designation for the balance of the property is TRN (Transitional). The City's FLUM designation being applied is also the City Advisory designation of TRN. As the designations are either the adopted City Advisory designations (TRN) or are of similar intensity and more appropriate given existing approved development (General Commercial), the data and needs analysis are met. Future Land Use Element Obiective A-1: 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. The subject property at the time it was established did not have any unique environmental characteristics that would have prohibited development of the site or require mitigation measures. The property was developed in a manner that was complimentary to the adjacent use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to the adjacent residential areas with the provision of a buffer along the west, and south portion of the site. It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach County made the following finding of fact with regards to the gasoline station: 1. The proposal would be in harmony and compatible with the present and future development of the area concerned. It is also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach County allowed an enclosed storage facility on the property subject to the following conditions: 1. The Property Owner shall convey for the ultimate right-of-way of Military Trail, 60' feet from centerline approximately an additional 10 feet within 90 days of adoption of the resolution by the Board of County Commissioners; conveyance must be accepted by Palm Beach County prior to issuance of first building permit; 2. The developer shall be permitted only one access onto Military Trail within the existing 20 foot ingress/egress easement. 3. Prior to certification by the Site Plan Review Committee, the site plan shall be modified to reflect: . Placement of a required 6' masonry wall along the western and southern property lines so that tree planting may be included between the wall and property line (external to the enclosing wall). Adequate space shall be allowed to permit maintenance of the plantings; Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FlUM Amendment with Initial Zoning of GC and SAD Page 7 . Canopy trees 8' - 12~ in height planted 20' on center average, along the southern and western boundaries of the site, placed between the required masonry wall and the property lines; . Canopy trees 10' - 12' in height, planted 30' on center average, along the site's frontage on Military Trail. It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach County rezoned the northeast portion of the subject property (Watkins Motor Lines Truck Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the Truck Terminal facility on the property. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the GC (general Commercial) land use designation will be compatible with adjacent development pattern to the south of the subject property which has a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low density residential properties to the south (Conklin Drive), and to the north and west (High Point of Delray West Condo) is of some concern. With existing commercial developments of this kind, the City requires that trees must be installed every 25' along the south and west property line abutting single family residences. With future modifications to the site these regulations will be applied. This along with other LDR requirements will assure compatibility with surrounding uses. Compliance -- Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. At this time no issues have been identified which would indicate non-compliance with the requirements of the GC and SAD zoning district. Buffering particularly with respect to the adjacent single family areas to the south and west as required by the approved County sites plans and must be maintained. Florida Statues Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or man made obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality . . The property is contiguous with the City and reasonably compact These three parcels do not meet the definition of an enclave nor would its annexation create one. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 8 land Development Reaulations Governina Annexations: Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The original property owner for all three parcels has consented to voluntary annexation. CONSISTENCY WITH THE CITY 'S COMPREHENSIVE PlAN: Desianated annexation area: The territory to be annexed is located within the designated annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue. Annexation of the subject territory is consistent with the Future land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: Future land Use Element B-3.1 states that when annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City. What follows is a discussion of required services and the manner in which they will be provided. Police: The subject property is currently served by the Palm Beach County Sheriffs Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Atlantic Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a consequence, response time is significantly improved upon annexation. Annexation will not require additional manpower since the police currently pass the property during routine patrolling to the north, west and east of the property. Fire and Emeraencv SeNices: The municipal area is served by Fire Station No.4 (Barwick Road and lake Ida Road). With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and lake Ida Road). Water and Sewer: City services regarding water and sewer have previously been discussed under Future land Use Analysis section of this report. streets: The subject property has direct access to Military Trail which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility immediately adjacent to the property change as both side of the street will be within the City limits. However, associated road maintenance will not change upon annexation. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 9 Financial Impacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: 424614000001010 $1,304,531.00 $25,445.00 $1,674.00 27,119.00 19.50509 23.7254 $30,950.52 $5,505.52 424614000001140 $2,000,000.00 $39,010.00 $2,594.00 41,604.00 19.50500 23.7254 $47,450.80 $8,440.80 424614000001150 $490,000.00 $9,558.00 $469.00 10,027.00 19.50612 23.7254 $11,625.44 $2,067.44 TOTAL $3,794,531.00 $74,013.00 $4,737.00 $78,750.00 19.50518 23.7254 $90,026.76 $16,013.76 For the 2005 tax year the subject property (three parcels) had a combined assessed value of $3,794,531. With the change from County to City jurisdiction, the following taxes and rates will be affected: ; ~;i~,\ff::. ~A ~ '" ~ . , ~k.~~~~A'~;~~~~~~~~z.~..-~~~~_~;-..>~~ _ ~~ _ ~ ~~ _ ~ _~~ _, ~~ _ w~~ _ _~~~'~; ~~ ~"l ~~:;~~::~_:~ Fire/Rescue MSTU 12,138.70 3.198999 DELETE 0.00 0.00 Palm Beach County lib. 2,050.19 0.540301 DELETE 0.00 0.00 Palm Beach Co.lib.Debt 153.30 0.040400 DELETE 0.00 0.00 Florida Inland Navegation 146.09 0.038500 146.09 0.038500 Health Care District 4,173.98 1.099999 4,173.98 1.099999 Children Service Council 2,618.99 0.690201 2,618.99 0.690201 Palm Beach County 17 ,075.39 4.500000 17,075.39 4.500000 Palm Beach County Debt 1,015.79 0.267698 1,015.79 0.267698 Public Schools Debt Servo 1,039.70 0.274000 1,039.70 0.274000 Public Schools Loc.Board 9,835.42 2.591999 9,835.42 2.591999 Public Schools State Law 21,120.36 5.566000 21,120.36 5.566000 SFWMD District 2,265.34 0.597001 2,265.34 0.597001 SFWMD Everglades Const. 379.45 0.099999 379.45 0.099999 City of Delray Beach 7.466100 Added (City) $28,330.35 7.466100 City of Delray Beach Debt 0.533900 Added (City) $2,025.90 0.533900 ;4::{r-,'-~.~~ "'.: --',~~:~ijB-TO'rAL . $74,013 :'I9.50509~~$90~26.76 23:n5398 * Total tax millage in the county is 19.505098 mills while in the city the total millage is 23.725398 mills. Therefore the difference is 4.220221 mills. The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes will be $90,026.76, (74,013+16013.76=90,026.76); a tax difference of $16,013.76 (3,794,531 x4.220221/1 000= 16,013.76). In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft. of impervious area 68,327/2,502) X $54)/1,000=1,474.68). As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $1,474.68. A further increase based upon new Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 10 impervious surfaces will be realized with future developmenVredevelopment of the site. A 25% discount from the assessment is available since the property is within the lake Worth Drainage District. An additional 25% is also available as drainage is retained on site. Occupational license Fees - The gas station, public storage facility and truck terminal have an occupational license. With the annexation, these facilities must obtain an occupational license from the City, in addition to the County's license. The City license fee is $142. Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) " if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the waste provider is currently the same this annexation will have no impact. For non-residential units -the assessment fee for solid waste collection is calculated using the following formula (# sq.ft. of impervious area 68,327*$17.09)/1,000=$1,167.70). Resulting Impacts to Property Owners: AD VALOREM TAXES 2005 + $16,013.76 City Mills. County Mills 23.7254 - 19.50518 = 4.2203 NON AD VALOREM TAXES 2005 Stormwater Assessment $1,474.68 Solid Waste Collection $1,167.71 WATER & SEWER UTILITY FEES $0.00 ANNUAL FINANCIAL IMPACT: + $18,656.15 Fire Response + Faster response from an estimated 5.5 minutes (Coun to 2.5 minutes (Ci ). Emergency Medical + Faster response from an estimated 5.5 Services EMS minutes (Coun to 2.5 minutes Ci ). Police + Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 atroll cars durin the ni ht. Code Enforcement + Pro-active vs reactive opportunity to work with o e owners. Fiscal Impacts to the City: At the 2004/2005 City operating mileage of 7.4661mills and debt rate of 0.5339 mills, the property will generate approximately $16,014.06 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 11 AD VALOREM TAXES 2005 City of Delray Beach (7.4661 Mills) $28,330.35 City of Delrav Beach Debt (0.5339 Mills) $2,025.90 SUB-TOTAL $30,356.25 NON-AD VALOREM TAXES Storm Water Utility (# sq.ft. of impervious area/2,502) X $54) $1,474.68 SUB-TOTAL $31,830.93 PARK AND RECREATION IMPACT FEE $500 per dwelling $0.00 TOTAL $31,830.93 __~___ _ __,........ ~~ ~~~~~~~~~~","",,~1<>'-~_""""'~'~==~;'~~~'~~"""=~~-"""'2"'7=-," ,-- ~~ I ,;:;h'.?y "'~~>.:~~ I" '-';.,~" ~ ";oS:~""f~(f~7? ~\\frf~"'\'4:'tl;ir~'~:'"' ~j c-;~,,~,s.e#:i~- ,- ~1fuV~f'/~<,~l~;,tt,,*,i:g' ,~{ ~ ~ L___~ ~~~~~~ g-" ':1 ~;: ~ t",..:: " ~~ . ~~~}U:$~ ~ ~,~'-.-; ~,,~ < y ~~:-';.L ~~' , ,--f >- ,~ ~~~d Future land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the lDR were previously discussed under the "Future Land Use Map Amendment Analysisn section of this report. Compliance with the land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. The proposed City zoning designation is GC (General Commercial) and SAD (Special Activities District) while the current County zoning designation is CG/SE (Commercial General/Special Exception ). The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS (Single Family Residential) to the north and a portion of the south; and County AR (Agricultural Residential) and City AC (Automotive Commercial) to the south. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Policy 8-3.2 - Water and sewer facilities may be provided to unincorporated areas by the City, upon demand, in a manner consistent with Policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntary annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of service. This annexation is consistent with this policy as well as the City Commission policy relating to annexation of contiguous properties if City services are required. This request is also consistent with Future land Use Policy A-1.7 which has been previously discussed. REQUIRED FINDINGS: (Chapter 3) Previously discussed under land Use section of this report Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 12 COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in lDR Section 3.2.2, along with the required findings 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. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment and Zoning analysis sections of this report. Section 3.2.2 (Standards for Rezonina Actions): Standard "A", "B", "C", and "E" are not applicable with respect to this rezoning request. The only applicable performance standard of 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 initial GC and SAD zoning designations will allow the existing facilities to continue to operate. It is noted, that south of the subject property has a City land Use Designation of CG (Commercial General) and is zoned AC (Automotive Commercial). The property is developed and contains a tire store and automobile repair facility (Tire Kingdom) which is consistent with the type uses of the subject property (Public Self Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is recommending that although the adjacent development pattern to the west, and south of the subject property consists of AR (Agricultural Residential) and RS (residential Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special Activities District) are appropriate. This rezoning will maintain ,consistency with the development pattem south of the subject property and will avoid creating non- conforming uses that have been in operation since December 11, 1984 (Public Storage facility), August 19, 1971 (Watkins Motor Lines - Truck Terminal), and September 29,1981 (Valero Gas Station). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (0) (5), Pursuant to 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 change 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 Planning and Zoning Board Staff Report: Meeting of 07118/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 13 (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 applicant is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designations be applied. The GC (General Commercial) and SAD (Special Activities District) zoning are appropriate as they are consistent with the County CG/SE (Commercial GeneraUSpecial Exception). .~..~.~.~~Itflti- -- o.&..~.""'1~ ~..~~ '...~." '.. ~.' "4 . _ { .. ~ oi!'~:'.... :~I'."" 1(;:-,"'':'''' ..:;;;. ,. "~''1l1 ~~" . .~"'i' "'..' . ......~.. __". B~~OIB.~~~,....,.. ~... .:: I~...... .....10,...,.. .'.-. .... ~ The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date no reply has been received. lake Worth Drainaae District: On June 29, 2005 lake Worth Drainage District was notified of the City's intent to annex this property. IPARC Notice: On June 28, 2005, notice of the Future land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Jerry Franciosa, PROD (Progressive Residents of Delray) o Carolyn Zimmerman, Presidents Council o Frances Chassen Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ~.~~~~-=~~~O- :~~i:~d:~~-- ~~~~~'~:::;~~'~ ~;~ ->~~~j 1~~:):~:_~~ ~ ~~_~._..~'::.- --~~:~':_:- ~~._:_:..~ Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. The application of initial zoning designations of GC and SAD are consistent with existing land uses and the existing County zoning (CG/SE) for this property. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 14 The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The property will experience a slight increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees, utility taxes, franchise fees, and licensing fees. The total immediate revenue increase is approximately $31,830.93, a year. Based upon the above, the proposed Annexation, Future land Use Map Amendment and associated Rezoning application should be approved. . '.'M~~:7' '"-If .,,~., '-''RltA'~''''''r''.'.'''' '.' .II"-'~ "':oll!~.;r.~~~" ...~...~_ ,"' "t-~ ..r. '"~... :....~~: ..;.~.. . ... .... /~.'';!f!:: '\~"'!t..' '~:.I...... .~:.t.~.!..";'''..~..~rli ... ~~. . Ur.~.. "'IA.' ..~. .L:..IJ;... _ ....TJ.)lE 6~.IJ} ~$.J~ 1o;1O~'-" .....a....'..., .~~..:..r#...~.. . A. Continue with direction. B. Move a recommendation of approval to the City Commission for the voluntary annexation, FlUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, 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 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 voluntary annexation, FlUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, 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 not consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(D) (5),3.1.1 and 3.2.2 of the land Development Regulations, subject to the following condition: ....i~~.;.- ;~..;"~~:h.. RE~dMMENDED A"ctI6N~\' .'. . ,. . ..:- '.:'.e~~ - ."l::;~'::-J'~ Move a recommendation of approval to the City Commission for the voluntary annexation, FlUM Amendment of: o Parcel 1 - Public Storage Facility: FlUM amendment from County CH-8 (Commercial High - with an Underlying High Residential. 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - Watkins Truck Terminal: FlUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: FlUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). . Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 15 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 does meet 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. Esteflo Breto, Senior Pfanner ;/ I II ~I I ~ ~~ I 1 T 1 " g fERNOALE w DRIVE ~ '---- ~ \ I I I II i . I ~ - I ~ ---------- /' N.W. 6TH CJ) ~<(... > / N'rNC yy ~~;NW5fC~~, fit U = N.W < h~ I ;; 2:/ n~C\J ............-..........~ )~ >-~ I 0::: ~ CANAL L-32 <( I f- \......r- ~t)J 1 JRO I JJ-c 2P1l1i If- f N W 3RD CT ~ ++++ ~ '9s..-<) + V1Li:.tW+ I ~i~ ,...-.,_h . I I'\'t;. I I I · ~ r . ,,_. _, _. _. _ _ .'. ~ - ~f--- CONKLIN D 1l'/E"" . , Ii L - 1. - I. , "J.. 1 L ,..! N W. 3RD ST /( I~~ -llir~R~'1 ;F 0 ~' I L "11'111"-'- '- -"- \ ==8 ,.. i ;; ~ III T I III II d EXr;:o~~tET = ,,_, _.,_.._. U , A EO, U~ .ti;, ,,_,,_. " .. . '.". ~ 11_-1_. _11.,i I II I""" II 1I_-r_;'.II_I'_J' II:: "- ~rGIt Ii 'POltv)' f- i: POST ROSEAIRE \)\<.\~ OFFICE RETREA T ) ~ r----!:-AKE :::J ~g ~ \ III 11_"_,,_,,_,,.,,_ '."'_"'.."_'_"_"_'. I BOYS ~7 '" C ~ "." " ~",. ~.., Iii ~:%:;i = ~~- '" ::;; / ~ // - I-- - //1 i '/ Jf -~- - ~r : l /JP SHOPPES - - - CJ"f' ~ OF -w-- i & DELRAY _~-- , <.: MAP REf: W653 [:J VALERO GAS STATION N fUJM fROM CH-6 (COMMERCIAL HIGH VtlTH AN UNDERLYING HIGH RESlDENnAl) TO CITY GC (GENERAL COMMERCIAl) REZONING fROI.I CGlSE (COMMERCIAL GENERAL SPECIAL EXEPnON) TO GC (GENERAL COI.IMERClAl) CITY OF DELRAY BEACH. fL ~ WATKINS MOTORE LINES AND PUBLIC SELF STORAGE fACIUlY PLANNING & ZONING DEPARTMENT F!.UI.4 fROI.I' CH-6 (COI.4MEROAL HIGH WITH AN UNDERLYING HIGH RESIDENTIAl) TO CITY TRN (TRANSITIONAl) __ DICITAL BASE MAP SYSTEM __ REZONING. fROI.4 CGlSE (COI.4t.1ERCIAL GENERAL SPECIAL EXCEPnON) TO SAD (SPECIAL AcnVlT1ES DISTRICT) ORDINANCE NO. 58-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN , WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Watkins Motor Lines Inc, is the fee simple owners of the parcel of land located on the west side of Military Trail, 450 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18, 1979, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of CH-8 (Commercial High with an underlying High Residential, 8 units per acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 18, 2005, and voted 6 to 0 to recommend annexation, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Northerly 384.48 feet of the northeast quarter (NE 1,4) of the northeast quarter (NE 1,4) of the northeast quarter (NE 1,4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, Less east 60 feet of road right-of-way and North 56 feet canal right-of-way, containing 4.72 acres more or less. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 58-05 Section 7. 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 8. That this ordinance shall become effective immediately upon Passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,20_. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 58-05 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (/111 SUBJECT: AGENDA ITEM # \()"F - REGULAR MEETING OF SEPTEMBER 6.2005 ORDINANCE NO. 63-05 (ANNEXATION - VALERO GAS STATION) DATE: SEPTEMBER 2, 2005 This Ordinance is before Commission for second reading and public hearing for a voluntary annexation via water service agreement for a 0.96 acre parcel of land which contains Valero Gas Station, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. The property, located in unincorporated Palm Beach County, is zoned CG/SE (Commercial General/ Special Exception). The property is located within the City's Planning Area (Future Annexation Area) and the City is executing an annexation clause (voluntary annexation) contained in the executed water service agreement. The Valero Gas Station was legally established by Resolution No. 81-1212, approved on September 29, 1981 by the Board of County Commissioners. The property is currently receiving water service from the City and is contiguous to the City limits to the east. On August 2, 2005, the Future Land Use Map (FLUM) amendment for the property was considered by City Commission as part of Comprehensive Plan Amendment 2005-2. On July 18,2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission that the request be approved. Recommend approval based upon the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan, and based upon positive findings with respect to Land Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings); and that the property is contiguous, reasonably compact, and does not create an enclave; and services will be provided to the property in a manner similar to other similar properties within the City. At the first reading on August 16, 2005, the City Commission passed Ordinance No. 63-05. Recommend approval of Ordinance No. 63-05 second and final reading. S:\City Clerk\agenda memos\Ord 63-05 Valero Gas Stabon Annexabon 090605 ~f\ D4 I CITY COMMISSION DOCUMENTATION 'I TO: O~~O T. H ROE ,CITY MANAGER THRU: PA mRLlNG, ECTOR OF PLANNING~NING FROM: ESTELlO BRETO, SENIOR PLANNER ~ .. ~ . SUBJECT: MEETING OF AUGUST 16, 2005 ANNEXATION FOR A PARCEL WHICH CONTAINS VALERO GAS STATION. THE PARCEL IS A 0.96 ACRE SITE LOCATED ON THE WEST SIDE OF MILITARY TRAil. APPROXIMATELY 1,400 FEET SOUTH OF LAKE IDA ROAD. ~. BACKGROUND I The 0.96 acre site which contains Valero Gas Station is currently located in unincorporated Palm Beach County and has a CG/SE (Commercial General/Special Exception) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the City is executing and annexation clause (voluntary annexation) contained in the executed water service agreement. The Valero Gas Station was legally established by Resolution No. 81-1212 approved on September 29, 1981 by the Board of County Commissioners. The property is currently receiving water service from the City and is contiguous to the City limits to the east. I PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with this request. After reviewing the staff report and discussing the proposal, the Board voted unanimously to recommend that the request be approved. The request was approved based upon positive findings with respect to lOR Sections 3.1.1, 3.2.2, and 2.4.5(0)(5), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other similar properties within the City. The Future Land Use Map amendment for the subject property was considered by City Commission on August 2, 2005 as part of Comprehensive Plan Amendment 2005-2. I RECOMMENDED ACTION I By motion, approve on first reading the ordinance for Annexation for the Valero Gas Station, based upon the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(0) (5), 3.1 1 and 3.2.2 of the land Development Regulations, and with Florida Statute 171.044, as the property is contiguous with the City, reasonably compact, does not create an enclave, and services will be provided in a manner which is consistent with services provided to other similar properties already in the City. Attachments. Staff Report prepared for the P & Z meeting of July 18, 2005 Ordinance No. 63-05 \~5 PLANNING AND ZONING BOARD CITY OF DElRA Y BEACH ---ST AFF REPORT --- MEETING DATE: July 15, 2004 AGENDA ITEM: lV.D.2.b. ITEM: Future Land Use Map designation change from County CH.8 (CommerCial HIgh With an UnderlYing High Residential. 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District) for Watkins Truck Terminal and Public Storage Facility; and Future Land Use Map designation change from County CH.8 (Commercial High WIth an Underlying High Residential. 8 dulac) to CIty GC (General Commercial) and rezoning from County CG/SE (Commercial GeneraUSpeclal Exception) to City General Commercial (GC) for Valero Gas Stabon. The three parcels are contained In a 9.13 acres site located on the west side of Military Trail approximately 1.400' south of Lake Ida Road. 10 , ROAO - L,K = GENERAL DATA: Owner/Applicant.. ....................... City of Delray Beach Agent......... ........... ......... ,."....,.,,, City of Delray Beach location.... ......................... ......... West side of Military Trail approximately 1400' south of lake Ida Road. jJ - Property Size.... ......... .......... m.... 9.13 Acres - Existing County Future Land Use CH-8 (Commercial High -<.. Map Designation ........................ with an Underlying High >- e::: Residential, 8 dulac) CANAL L-32 Proposed City Future Land Use I- Map Designation.......__................ GC (General Commercial) -' in part. and TRN (Transitional) in part. Existing County Zoning............... CG/SE (Commercial General Special Exception) Proposed City Zoning................. GC (General Commercial) . in part, and SAD (Special Activities District) in part. Adjacent Zoning................North: Palm Beach County Single Family Residential (RS) East: Residential Medium Density (RM) and Planned Office Center (POC) South: Palm Beach County Agricultural Residential POST (AR) and City Automotive Commercial (AC) I- West: Palm Beach County Agricultural OFFICE HfCHPOIH r => Residenlial (AR) 0- Existing land Use...................... Truck Terminal, Storage Vl 0'" ~s Facility, and Gas Station . '0 ~(() .,. ~<.. Proposed land Use.......__._____...__ Same as existing ~ '(:f ~t- Water Service....................._.._.... 12" water main located I along Military Trail. \ Sewer Service _ ..... . .. ... . __. . _ . .. _ . . _. _ .. Sewer service is available from a lift station at the --~ - north east corner of the site - -- IV_D.2.b. ---- . ..'!.~~:'.l: .~.:'...... I ~";a' }f'~.,:::"....~,.. ITEM'. ....E.. i::O-'R".E":.:,p.I,,'~'..B"''''O' ~D."""""':"'~?.1l:"~it.lli. ~"\i:~. i\...-.~t..-..~.;:~. ~i.ilY~~J'l";.:.t'r:."fl~~:..~:,,~w~~~."~(~:..: '.' _. to . ~ ~~'C. ... :; ~ "r:: _.. ~~.' :..,I,'..":.':..Il~i""1~r ~:...:~..;~-,.:.. ~ -:. .~......:}~:...- ;-. The action before the Board is that of making a recommendation to the City Commission on Voluntary Annexation, Future Land Use Map Amendments and Rezoning as follows: o Parcel 1 - Public Storage Facility: Future land Use Map designation change from County CH-B (Commercial High with an Underlying High Residential, 8 dulac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - W atkins Truck Terminal: Future land Use Map designation change from County CH-B (Commercial High with an Underlying High Residential, 8 du/ac) -to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: Future land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). The three parcels are contained in a 9.13 acres site located on the west side of Military Trail approximately 1,400' south of lake Ida Road. Pursuant to land Development Regulations (lDR) Section 2.2.2(E) (6), the local Planning Agency (Planning & Zoning Board) shall review and make a recomme,ndation to the City Commission with respect to a FlUM amendment and Rezoning of any property within the City. : v ,~ . - _~,~ "-~,Y~J; .~~; l;~~ j-"'- 7;,,-,.~~::~:_~~;~~~~ f:;~~ ,~i;(-;~:- ~o-?- ~~; -=-, ~/-~~' ~ ":i~~~/":~ ~-:~ :~";r~ ~-~'-:75~~~7,,~:-:~ - ~ ~ -:-c_ ~~ . l . : ~~,~. '- ~ :2:~;.{~if,~e:L,,~~.;.v,(k!~Lr1r~v.j:::<,-v... ""i~-..:",,",..~l"~l"lk"'"...ft~f\',,r:'<'t'~';<f~' - "'~S~X>~ ":.r-::'~4 ~<';:, - '-,.~ ~_-... ' ~ "" ~_~A-<c.._""~.,, _ ~~~'-<._~'''" -.->_>,,"""~ "'~~_~~~ The subject property is 9.13 acre site which contains three parcels located on the south side of Canal l-32 and to the north of Conklin Drive and front on Military Trail. The property is bound to the south by Tire Kingdom and la Sedona town house development. To the west the property is bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north by High Point of Defray West (Condo Development); and to the east (across Military Trail) by High Point of Delray East (Condo Development) and Pylon Professional Center. The subject property contains Valero Gas Station, a Public Self Storage facility and Watkins Truck Terminal. The truck terminal known as Watkins Motor Lines was legally established by Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility (Watkins Motor Lines truck terminal) on the northern portion of the property. Valero Gas Station was legally established by Resolution No. 81-1212 approved on September 29, 1981 by the Board of County Commissioners which granted a special exception to allow an auto service station on the southeast portion of the property. The Public Self Storage facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 2 the Board of County Commissioners which granted a special exception to allow an endosed storage facility on the southwest portion of the property. The access to these parcels is directly from Military Trail. The property is under the jurisdiction of Palm Beach County but is in a designated annexation area for the City of Delray Beach. The City has an Advisory land use designation of TRN (Transitional) on the property that allows the establishment of uses which are compatible with adjacent residential use. The applicants are currently receiving water service from the City and are contiguous to the City limits to the east. This water was provided pursuant to a water service agreement which contains an annexation clause. The execution of that agreement was a consent to voluntary annexation under Florida Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the City Commission deems it to be in the best interests to the City to annex the property. The Future land Use amendment and rezoning of the subject property will part, of Comprehensive Plan Amendment 2005-2 September 2005 to be adopted in September 2005. _""_ _ _ _ ~~_ _ ..~~,..,......_~_~"_.~,..,.....,_~~~".-"_....,,..,.,,,..~~~~,,~~~~~,,~"""--~---="''' ~~~"'-~i~",,-'~~"I~~~~~"--"'-"'" 1 ,'" ': ~ ,'" " ~'~r;d~~~ l~'fi'\_~-'&<'~i~i;;V~)~ 7fl~Sf!f1~:'iii; $7'i:f.~'fu,~i'fi'1b~,:, ,',~;:'K;;:t,rr:x :',~ ,:" :1 ~_~..;.....;.._~___~ __ .f-,....,.t\_,~..f-X .k ~~~, -- .....j~~~ ~~~ Current land Use Desianation: The current land use map designation for the property is County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The current City Advisory designation is TRN (Transitional). Requested land Use Desiqnation: The requested Future land Use Designation is to City TRN (Transitional) for Watkins Truck Terminal and the Public Self Storage facility and to City GC (General Commercial) for Valero Gas Station. Florida Statues GoverninQ Voluntary Annexations: Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality" . The proposed GC land use designation for the Gas Station is not consistent with the advisory designation of Transitional. However, given the long standing use it would appear inappropriate to apply a designation which would make the existing use non-GQnforming. In the case of the other two uses they are currently allowed in industrial districts. While the proposed zoning will allow the uses to continue, the long term redevelopment of the sites to a use more consistent with the transitional land use and compatible with adjacent residential areas is desired. land Development Reaulations Govemina Annexations: Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owners consented to voluntary annexation via execution of the water service agreement. It is noted that all the parcels are subject to the voluntary annexation. The original agreement was signed by Watkins Truck facility and parcels were later sold off for development as the Self Storage and Gas Station facility. However, as the agreement runs with the land aU these parcels are now subject to annexation. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation. FLUM Amendment with Initial Zoning of GC and SAD Page 3 land Use Analysis: Consistency Between the City and County Land Use DesiQnations: The proposed City Advisory Land Use Map Designation for the property is TRN (Transitional). The existing County Future land Use Map Designation for the property is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The City's TRN Land Use Designation is consistent with the County's residential component of the CH-8 designation in that residential developments with a density between five and twelve units per acre are allowed. However, the Transitional land use designation does not allow commercial development other than that of a neighborhood scale. Given the development of adjacent properties with predominantly residential uses it would appear more appropriate to limit redevelopment to those allowed in City zoning districts consistent with a Transitional land use designation (office, medium density residential, or neighborhood residential commercial) rather than heavy commercial uses. Adiacent Land Use Map Desianations. Zonina Designations and Land Uses: . The following zoning designations and uses abut the subject property: I I Zoning Designation I Use I North: Palm Beach County Single Family High Point of Defray West (Condo Residential (RS) Development) Palm Beach County Agricultural Rockland Park Single Family South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive) and Commercial (AC) Tire KinQdom Residential Medium Density (RM) and High Point of Delray East (Condo East: Planned Office Center (POC) Development) and Pylon Professional Center West: Palm Beach County Agricultural Rockland Park Single Family Residential (AR) Subdivision (AlonQ Conklin Drive) North: North of the subject property, has a Palm Beach County zoning of RS (Residential Single Family). The property is developed and contains multiple family structures. South: To the south, across Conklin Drive, has a Palm Beach County land use designation of lR-3 (low Residential 3 - du/ac) and a City land Use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General Special Exception (CG/SE) and is vacant land. West: The abutting property to the west has a Palm Beach County land use designation of Low Residential 3 - du/ac (lR-3) with a City land use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family home and horse farm located on a five acre parcel. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 4 East: East of the property (across Military Trail) has a City land use designation of MD (Medium Density Residential) 5-12 du/ac) and is zoned RM (Residential Medium Density). The property to the east is known as High Point of Delray East Condo development. Staff is recommending that although the adjacent development pattern to the west and to the north, and a portion to the south consists of RL (Multifamily Residential Low Density) and AR (Agricultural Residential) a land use change to General Commercial and rezoning of GC (General Commercial) for the southeast portion of the property, and a land use change to Transitional (TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be supported. This rezoning will maintain consistency with the development pattem to the south and will avoid creating non-conforming structures of these previously legally established uses. The Transitional land use and SAD zoning will allow flexibility in future development but will not promote further industrial development upon redevelopment as currently exists on the site. Allowable Land.Uses: Under the proposed GC (General Commercial) zoning designation gasoline stations are allowed as a conditional use [Ref: lDR Section 4.4.9(D)(9)]. Within the SAD (Special Activities District) zoning designation all uses which are allowed are established at the time of establishment of the SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approved (via ordinance) by the City Commission. Therefore, the existing Truck Terminal and Public Self Storage Facilities will become permitted uses with the adoption of the SAD zoning for this site. REQUIRED FIDINGS: lAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to lDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. o 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 consjstent with the applicable land use designation as shown on the Future land Use Map. Pursuant to land Development Regulations Section 3.1.1 (A) (Future land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future land Use Map. The proposed General Commercial (GC) zoning district is consistent with the proposed General Commercial (GC) FlUM designation. Under the proposed GC (General Commercial) zoning district gasoline stations are allowed as conditional use to the GC District. The SAD zoning is deemed consistent with any land use designation on the Future land Use Map and has been established to allow for projects which are not otherwise classified in other zone districts. With the adoption of the SAD (Special Activities District) zoning designation the Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Tenninal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 5 public self storage facility and truck terminal will become permitted uses at that site. This will allow the current uses to remain conforming yet not encourage future industrial redevelopment Based on the above, positive findings can be made with respect to FlUM consistency. o Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FlUM designation from CH-8 to GC for the southeast portion of the property and to TRN for the remaining balance on a 9.3 acres site that contains three parcels. The proposed FlUM Amendment will accommodate existing uses. While impacts will not increase they will shift from County providers to City providers. It is noted the City has provided the site with water service for many years and will continue to do so upon annexation. Concurrency findings with respect to Solid Waste and Sewer are discussed .below: Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons of solid waste per year (924 sq.ft x 29.5.12,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing 49,423 square feet of public storage floor area generates 128.50 tons of solid waste per year (49,423 sq.ft x 5.2.12,000 Ibs. = 256,999 Ibs or 128.50 tons). The existing 17,980 square feet of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x 9.2.12,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is 225 tons. This amount of solid waste can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals and existing facilities till the year 2024. Sewer: Sewer service is available from a lift station at the northeast corner of the site. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. " o Consistency: The requested designation is cQnsistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: 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. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 6 The proposal involves annexation of unincorporated property which requires changing the FlUM designation from County to City. The current County FlUM designation is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) and the proposed City's designation is GC (General Commercial) for the southeast portion of the property, which provides basic regulations for small parcels that are best suited for general retail use but which are not of sufficient size to be designed in a planned sense. The proposed City's land use designation for the balance of the property is TRN (Transitional). The City's FlUM designation being applied is also the City Advisory designation of TRN. As the designations are either the adopted City Advisory designations (TRN) or are of similar intensity and more appropriate given existing approved development (General Commercial), the data and needs analysis are met. Future Land Use Element Obiective A-1: 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. The subject property at the time it was established did not have any unique environmental characteristics that would have prohibited development of the site or require mitigation measures. The property was developed in a manner that was complimentary to the adjacent use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to the adjacent residential areas with the provision of a buffer along the west, and south portion of the site. It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach County made the foUowing finding of fact with regards to the gasoline station: 1. The proposal would be in harmony and compatible with the present and future development of the area concerned. It is also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach County allowed an enclosed storage facility on the property subject to the following conditions: 1. The Property Owner shall convey for the ultimate right-of-wiiy of Military Trail, 60' feet from centerline approximately an additional 10 feet within 90 days of adoption of the resolution by the Board of County Commissioners; conveyance must be accepted by Palm Beach County prior to issuance of first building permit; 2. The developer shall be permitted only one access onto Military Trail within the existing 20 foot ingress/egress easement 3. Prior to certification by the Site Plan Review Committee, the site plan shall be modified to reflect: . Placement of a required 6' masonry wall along the western and southern property lines so that tree planting may be included between the wall and property line (external to the enclosing wall). Adequate space shall be allowed to permit maintenance of the plantings; Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 7 . Canopy trees 8' - 12" in height planted 20' on center average, along the southern and western boundaries of the site, placed between the required masonry wall and the property lines; . Canopy trees 10' - 12' in height, planted 30' on center average, along the site's frontage on Military Trail. It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach County rezoned the northeast portion of the subject property (Watkins Motor Lines Truck Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the Truck Terminal facility on the property. Compatibilitv - The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the GC (general Commercial) land use designation will be compatible with adjacent development pattern to the south of the subject property which has a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low density residential properties to the south (Conklin Drive), and to the north and west (High Point of Delray West Condo) is of some concern. With existing commercial developments of this kind, the City requires that trees must be installed every 25' along the south and west property line abutting single family residences. With future modifications to the site these regulations will be applied. This along with other lDR requirements will assure compatibility with surrounding uses. Compliance -- Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. At this time no issues have been identified which would indicate non-compliance with the requirements of the GC and SAD zoning district. Buffering particularly with respect to the adjacent single family areas to the south and west as required by the approved County sites plans and must be maintained. - . _r__ _ _ - - - - - - - - - ~ - -- - - - -- -~--~- -~-.....~ ~-~~~~~-- ~~._"' -,..-....,~ --- ~ -- _ d_U______--<-_~~~~_"~~___ _ __ <-<-.~__u_~~ ~.:2~~_~~_ ~~__:i~~t_A_~._~~~l:~~?'":~'~~~~-~~:~/ ~t-:r:_~~~~ Florida Statues Governina Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the goveming body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or man made obstade that allows the passage of vehicular traffic to that unincorporated area only through the municipality. . The property is contiguous with the City and reasonably compact. These three parcels do not meet the definition of an enclave nor would its annexation create one. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 8 Land Development Reaulations GoverninQ Annexations: Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The original property owner for all three parcels has consented to voluntary annexation. CONSISTENCY WITH THE CITY 'S COMPREHENSIVE PlAN: Deslanated annexation area: The territory to be annexed is located within the designated annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue. Annexation of the subject territory is consistent with the Future land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: Future land Use Element B-3.1 states that when annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City. What follows is a discussion of required services and the manner in which they will be provided. Police: The subject property is currently served by the Palm Beach County Sheriffs Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Atlantic Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a consequence, response time is significantly improved upon annexation. Annexation will not require additional manpower since the police currently pass the property during routine patrolling to the north, west and east of the property. Fire and Ememencv SeNices: The municipal area is served by Fire Station No.4 (Barwick Road and lake Ida Road). With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and lake Ida Road). Water and Sewer: City services regarding water and sewer have previously been discussed under Future land Use Analysis section of this report. Streets: The subject property has direct access to Military Trail which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility immediately adjacent to the property change as both side of the street will be within the City limits. However, associated road maintenance wilt not change upon annexation. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 9 Financial Impacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: ~ ~ - - - r ~ - _ ~ - ~ - - - ,. - . "',..., .. p .)-"'".,. ~- -~ ~.,. - - - ~---.. -- ~ - ""'.._~--~-- - ~ ~- ...... - - - -~-- -- ~ - ~ -- 424614000001010 $1,304,531.00 $25,445.00 $1,674.00 27,119.00 19.50509 23.7254 $30,950.52 $5,505.52 424614000001140 $2,000,000.00 $39,010.00 $2,594.00 41,604.00 19.50500 23.7254 $47,450.80 $8,440.80 424614000001150 $490,000.00 $9,558.00 $469.00 10,027.00 19.50612 23.7254 $11,625.44 $2,067.44 TOTAL $3,794,531.00 $74,013.00 $4,737.00 $78,750.00 19.50518 - 23.7254 $90,026.76 $16,013.16 For the 2005 tax year the subject property (three parcels) had a combined assessed value of $3,794,531. With the change from County to City jurisdiction, the following taxes and rates will be affected: ~ -'~~~2:J>~~~~~~:: - ~,__. ..:__._...............-....:..i~_--.:~~~:.-~-t'-.........___.=._~,.:.;__-=_~:...~~_:____~ _ _ _ __0.<__' _ ~ ~ -'" __.:.......s~~::-~ ->-:..~l,~::.~-~j Fire/Rescue MSTU 12,138.70 3.198999 DELETE 0.00 0.00 Palm Beach County lib. 2,050.19 0.540301 DELETE 0.00 0.00 Palm Beach Co.lib.Debt 153.30 0.040400 DELETE 0.00 0.00 Florida Inland Navegation 146.09 0.038500 146.09 0.038500 Health Care District 4,173.98 1.099999 4,173.98 1.099999 Children Service Council 2,618.99 0.690201 2,618.99 0.690201 Palm Beach County 17,075.39 4.500000 17,075.39 4.500000 Palm Beach County Debt 1,015.79 0.267698 1,015.79 0.267698 Public Schools Debt Servo 1,039.70 0.274000 1,039.70 0.274000 Public Schools loc.Board 9,835.42 2.591999 9,835.42 2.591999 Public Schools State Law 21,120.36 5.566000 21,120.36 5.566000 SFWMD District 2,265.34 0.597001 2,265.34 0.597001 SFWMD Everglades Const 379.45 0.099999 379.45 0.099999 City of Delray Beach 7.466100 Added (City) $28,330.35 7.466100 City of Delray Beach Debt 0.5339QO Added (City) $2,025.90 0.533900 " * Total tax millage in the county is 19.505098 mills while in the city the total millage is 23.725398 mills. Therefore the difference is 4.220221 mills. The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes will be $90,026.76, (74,013+16013.76=90,026.76); a tax difference of $16,013.76 (3,794,531x4.22022111 000=16,013.76). In addition to property taxes, the following Non Ad Valorem fiscal responsibility win apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft of impervious area 68,327/2,502) X $54)/1,000=1,474.68). As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $1,474.68. A further increase based upon new Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Tenninal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 10 impervious surfaces will be realized with future development/redevelopment of the site. A 25% discount from the assessment is available since the property is within the Lake Worth Drainage District. An additional 25% is also available as drainage is retained on site. Occupational license Fees - The gas station, public storage facility and truck terminal have an occupational license. With the annexation, these facilities must obtain an occupational license from the City, in addition to the County's license. The City license fee is $142. Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) " if a party has an exdusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five 'years or the remainder of the franchise term whichever is shorter". As the waste provider is currently the same this annexation will have no impact. For non-residential units -the assessment fee for solid waste collection is calculated using the following formula (# sq.ft. of impervious area 68,327*$17.09)/1,000=$1,167.70). Resulting Impacts to Property Owners: ~<< . - 1-;- - - - -- - , ~- - ~- ~_;- f:: _ ~~ ~~'~~bj:~~c .~ ' - - - ~~. - : ~~~:-"~<.~ -~: ~ _~~-_~~~-:}~~~__~-:~~i~'<^~~<~\,~~~~ :..- --,,~;/{~:_-~...~----~ ~~. .::~-~ L ~-~- _~~~-~~ -_~ ~ -_~-_~E~~ <:~-i~~:L~:r-~~~I1l~1l~~;~'-b~~~~~~:~'~ ir"'i AD VALOREM TAXES 2005 + $16,013.76 City Mills. County Mills 23.7254 - 19.50518 = 4.2203 NON AD VALOREM TAXES 2005 Stormwater Assessment $1,474.68 Solid Waste Collection ' $1,167.71 WATER & SEWER UTIUTY FEES $0.00 ANNUAL FI"ANC~ IMPACT: + $18,656.15 Fire Response + Faster response from an estimated 5.5 minutes ColIn ) to 2.5 minutes (Ci ). Emergency Medical + Faster response from an estimated 5.5 Services EMS minutes (Coun to 2.5 minutes (Ci ). Police + Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 patroll cars durin the ni ht. Code Enforcement + Pro-active vs reactive opportunity to work with owners. Fiscal Impacts to the City: At the 2004/2005 City operating mileage of 7.4661 mills and debt rate of 0.5339 mills, the property will generate approximately $16,014.06 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 11 ~ ~ -~- --- - -- - -~-- ~ _ __ ~ ~ _ _ ,,~~ ~ _ I ~ r;: ~_,;-:~ ~ ~ ," ::, f ~ ~ _ "'- _ _ ,..~ _ __'-" AD VALOREM TAXES 2005 City of Delray Beach (7.4661 Mills) $28.330.35 City of Delrav Beach Debt (0.5339 Mills) $2,025.90 SUB-TOTAL $30,356.25 NON-AD VALOREM TAXES Storm Water Utility (# sq.ft. of impervi<>w> area/2.502) X $54) $1,474.68 SUB-TOTAL $31,830.93 PARK AND RECREATION IMPACT FEE $500 per dweUing $0.00 TOTAL $31,830.93 ~-~~-_~~~_~=--=-~=_:t:;;~'~j~'~~';~~l~i~~=-=~:~ :. ~~~=-~~~-~~'l~~~ ~_=-- Future land Use Map Consistency, Concurrency. Comprehensive Plan Consistency and Compliance with the development criteria of the lDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. The proposed City zoning designation is GC (General Commercial) and SAD (Special Activities District) while the current County zoning designation is CG/SE (Commercial General/Special Exception ). The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS (Single Family Residential) to the north and a portion of the south; and County AR (Agricultural Residential) and City AC (Automotive Commercial) to the south. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and pOlicies are noted: Policy 8-3.2 - Water and sewer facilities may be provided to unincorporated areas by the City, upon demand, in a manner consistent with Policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntary annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of service. This annexation is consistent with this policy as well as the City Commission policy relating to annexation of contiguous properties if City services are required. This request is also consistent with Future land Use Policy A-1.7 which has been previously discussed. REQUIRED FINDINGS: (Chapter 3) Previously discussed under land Use section of this report Planning and Zoning Board Staff Report: Meeting of 07/18105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 12 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in lOR Section 3.2.2. along with the requjred findings 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. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future land Use Map Amendment and Zoning analysis sections of this report. Section 3.2.2 (Standards for Rezoninq Actions): Standard "A", "8", "C", and "E" are not applicable with respect to this rezoning request. The only applicable performance standard of 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 initial GC and SAD zoning designations wi" allow the existing facilities to continue to operate. It is noted, that south of the subject property has a City land Use Designation of CG (Commercial General) and is zoned AC (Automotive Commercial). The property is developed and contains a tire store and automobile repair facility (Tire Kingdom) which is consistent with the type uses of the subject property (Public Self Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is recommending that although the adjacent development pattern to the west, and south of the subject property consists of AR (Agricultural Residential) and RS (residential Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special Activities District) are appropriate. This rezoning will maintain !X>nsistency with the development pattern south of the subject property and will avoid creating non- conforming uses that have been in operation since December 11, 1984 (Public Storage facility), August 19, 1971 (Watkins Motor Lines - Truck Terminal), and September 29,1981 (Valero Gas Station). Section 2.4.5 (0) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to lOR 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 change 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 Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 13 (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 applicant is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designations be applied. The GC (General Commercial) and SAD (Special Activities District) zoning are appropriate as they are consistent with the County CG/SE (Commercial GeneraVSpecial Exception). ..~~ -- -~ - ~__..,--~_v~ ~_~ ~_______~_ ~'r-~~---~~-~-~--'""<"'~ ---~ i./, '~': ,. (~1i:: '"'r. ': ~'_~~~ . fj~ ~ f~ /:< ~[~~J~ ..3:~"C: ~ ~~_~~~) ~_ " , "+ ~J ,"~ .' ~ - ~ ~ "- ; ~- The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date no reply has been received. Lake Worth Drainaae District: On June 29, 2005 lake Worth Drainage District was notified of the City's intent to annex this property . IPARC Notice: On June 28, 2005, notice of the Future land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received. Courtesv Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Jerry Franciosa, PROD (Progressive Residents of Delray) o Carolyn Zimmerman, Presidents Council o Frances Chassen Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ~ - ~---~-- ~- ~~ - -- -- - ,----- - --~ - - - - --- -- ' - - - ~-y -~- - - - , c - - , , - -- ---~ -~~--- -...............--------............- --. --- - --- -. - -~~ ~ ~ --- - ----~ ~ _.. .. ~ - ~ -.~ ~. - -." ~~-- - -~-~----~~~- ~-~ --" Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service. area. . The application of initial zoning designations of GC and SAD are consistent with existing land uses and the existing County zoning (CG/SE) for this property. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with initial Zoning of GC and SAD Page 14 The annexation wit! provide with better Police, Fire, EMS and Code Enforcement services. The property will experience a slight increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees. utility taxes. franchise fees, and licensing fees. The total immediate revenue increase is approximately $31,830.93. a year. Based upon the above, the proposed Annexation, Future land Use Map Amendment and associated Rezoning application should be approved. [~~~"_~~-~ -~ '~~~~"<Y~; t ~: - :r_~'C~,,~z;~~~-HJ-~~_~;.t~~i~l~;;o~\~nl~~\ @: ~ -d.: .;:. ~-:~,. ,': ;j27'~<', ~~~~~=~ A. Continue with direction. B. Move a recommendation of approval to the City Commission for the voluntary annexation, FlUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, 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 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 voluntary annexation, FlUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in part. and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part. 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 not consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(D) (5). 3.1.1 and 3.2.2 of the land Development Regulations. subject to the following condition: ~,-~~ --~-~-~~-~~~,.:::t;;-< ~rci~-,.~~~~r~~~-~~ ~~ , ' 'li''''!}-N~~ ",' i"};'",.-h,~ ';',;-~J'it;;.~""';jJ'Z"'~..JbJ~'~;'li~~I);.tc......~;,'lC~lt~f'K~' 0 (-'-' ",,,,,,~<,,, ,,1,-:"'.'>,'-' 1 10.':_ __H...-.........-"'"-....~"'-~.. < '!-' oR ;'1>.-;( '):.''''- -fu",,_.o..-.--;A~.4.=~" ~ "".::' -,~-~; -~ Move a recommendation of approval to the City Commission for the voluntary annexation, FlUM Amendment of: o Parcel 1 - Public Storage Facility: FlUM amendment from County CH-8 (Commercial High - with an Underlying High Residential, 8 dulac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - Watkins Truck Terminal: FlUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 dulac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: FlUM amendment from County CH-8 (Commercial High with an Underlying High Residential. 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). . Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 15 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 does meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the land Development Regulations. Attachments: Location Map Staff Report Prepared by: Estelio Breto, Senior Planner V ~ I I ~I I .~ i --4~ I \ I I I o FERNOALE w DRIVE --1 "-----' ~ \ I I ~ I II 00- I ~<( ; ___:N.W. 16TH; NESTING WAY 0:: 3: <1:_ :.s I ~iVZNws:rCfr Il - ~ h -LJ r~?l::~ I 11 :i~~, I T CANAL L -32 <( I :.L-1:L JRO JJc -~ 2f1l \ TY- .. (~. w. 3RD CT ~ + + + +'1 '-/ %-<> + V4L~.{:?b+ .i ~i/ ,...' ~,h .I,t. I\~ I I I -. W r i ,,_, _, , . '.' :c _ ~I--- CONKLIN 0 ~,._- -,-, , : j~ ~"L,.I , "LLLL,.l N W. 3RO Sf \t I} ~~ "IIi' 1" O. I r"iIT'- "-."- ~ = ~ III I IIII oL EXTRA CLOSET t== ~ .::=v STORAGE. : ,._, _,,_, -, UD, A ~ " ,,,,,, ..,. - "."" " " " , , " " , " " , " "." "-"-' "J' ~'. \. ~~V/lf{ .- POST ROSEAIRE I ~~ OR\* OFFICE RETREAT ~~Kt :J ~g ~ \ 1 BOYS ~r; 11_.i_I,.rl.ll_11 !l-- .-;,.,1", . '" t nl ,.-, -' '" -.-" .,": ,-,,-, ." ~::::i := - ~~ "'- s Ii // - - I- / }/ I '/ Jf -~- ~ ~~ : fiE SHOPPES - - I- u"<f' !2 OF -w- ~ ii & DELRAY -~- '- ~ I MAP REF: lM85J r;:] VAlERO GAS STATION N flUM fROM 0-1-8 (COMMEROAL HIGH WITH AN UNDERLYING HIGH RESIDENTIAL) TO OTY GC (GENERAl COMMEROAL) - REZONING fROt.t CGlSE (COMMERCiAl GENERAL SPEOAl EXEPTlON) TO GC (GENER& COMMEROAL) OTY OF OELRAY BEACH. Fl ~ WATl<1NS MOTORE LINES AND PUBLIC SElF STORAGE FACIU1Y PLANNING'" ZONING DEPARTMENT FlUM FROM CH-8 (COMMEROAL HIGH WITH AN UNOERLYlNG HIGH Rf:SIOENTlAl) TO OTY TRN (TRANSITIONAL) _ _ DIGITAL BASE IMP SYSTEM _ _ REZONING. FROM CGISE (COMMERCIAL GENERAL SPECIAL EXCEPTION) TO SAD (SPECIAL ACTIVITIES DISTRICT) ORDINANCE NO. 63-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE P ARTICULARL Y DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIP AL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, 14111 Military Trail LLC, is the fee simple owner of the parcel ofland located on the west side of Military Trail, 280 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18, 1979, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of CH-8 (Commercial High with an underlying High Residential, 8 units per acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 18, 2005, and voted 6 to 0 to recommend annexation, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Southerly 155.98 feet of the easterly 286.59 feet of the northeast quarter (NE 14) of the northeast quarter (NE 14) of the northeast quarter (NE 14) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida (Less Military Trail R/W) Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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. 2 ORD NO. 63-05 Section 8. That this ordinance shall become effective immediately upon Passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,20_. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 63-05 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS /J FROM: CITY MANAGER tfJi I SUBJECT: AGENDA ITEM # ,C) Q, - REGULAR MEETING OF SEPTEMBER 6, 2005 ORDINANCE NO. 66-05 (ANNEXATION - PUBLIC SELF STORAGE FACILITY) DATE: SEPTEMBER 2, 2005 This Ordinance is before Commission for second reading and public hearing for a voluntary annexation via water service agreement for a 3.45 acre parcel of land which contains the Public Self Storage facility, located on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. The property, located in unincorporated Palm Beach County, is zoned CG/SE (Commercial General/ Special Exception). The property is located within the City's Planning Area (Future Annexation Area) and the owner is subject to a voluntary annexation clause via an executed water service agreement. The Public Self Storage Facility was legally established by Resolution No. 84-1857, approved on December 11, 1984 by the Board of County Commissioners, which granted a special exception to allow an enclosed storage facility on the property. The property is currendy receiving water service from the City and is contiguous to the City limits to the east. The water is being provided pursuant to a water service agreement executed on May 18, 1979 which included a voluntary annexation clause. The application of City Land Use and Zoning designations 1S being processed separately and included in Comprehensive Plan Amendment 2005- 2 which was considered by City Commission on August 2, 2005. On July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 6-0 to recommend to the City Commission that the request be approved. Recommend approval based upon the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan, and based upon positive findings with respect to Land Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings); and that the property is contiguous, reasonably compact, and does not create an enclave; and services will be provided to the property in a manner similar to other similar properties within the City. At the first reading on August 16, 2005, the City Commission passed Ordinance No. 66-05. Recommend approval of Ordinance No. 66-05 second and final reading. S:\City CIerk\agenda memos\Ord 66-05 Pubhc Self Storage Annexation 090605 ---- 0/\ I CITY COMMISSION DOCUMENT A TION I~ TO: DfJ~H , CITY MANAGER '- THRU: PAUL DORLlNG, D ECTOR OF PLANNING AND ZONING NIOR PLANNER & ~ FROM: ESTELlO BRETO, SUBJECT: MEETING OF AUGUST 16,2005 ANNEXATION OF A 3.45 ACRE PARCEL WHICH CONTAINS THE PUBLIC SELF STORAGE FACILITY LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMA TEL Y 1 ,400 FEET SOUTH OF LAKE IDA ROAD. I BACKGROUND I The 3.45 acres site IS located in unincorporated Palm Beach County and is zoned CG/SE (Commercial General/Special Exception) The property is located within the City's Planning Area (Future Annexation Area) and the owner is subject to a voluntary annexation clause via an executed water service agreement. The subject property contains a Public Self Storage facility. The Public Self Storage facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by the Board of County Commissioners which granted a special exception to allow an enclosed storage facility on the property. The property is currently receiving water service from the City and is contiguous to the City limits to the east. This water is being provided pursuant to a water service agreement executed on May 18, 1979 which included a voluntary annexation clause. The application of City land Use and Zoning designations are being processed separately and are included in Comprehensive Plan Amendment 2005-2 which was conSidered by City Commission at their August 2, 2005 meeting. I PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with this request. After reviewing the staff report and discussing the proposal, the Board voted unanimously to recommend that the request be approved. The request was approved based upon positive findings with respect to lDR Sections 3.1.1, 3.2.2, and 24.5(D)(5), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other similar properties Within the City I RECOMMENDED ACTION ~ By motion, approve on first reading the ordinance for the Public Storage Facility based upon the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1, and 3.22 of the Land Development Regulations, and with Florida Statute 171 044, as the property is contiguous with the City, reasonably compact, does not create an enclave, and services will be provided in a manner which is consistent with services provided to other similar properties already in the City. Attachments' Staff Report prepared for the P & Z meeting of July 18, 2005 Ordinance No. 66-05 \~ PLANNING AND ZONING BOARD CITY OF DElRA Y BEACH ---ST AFF REPORT --- MEETING DATE: July 15, 2004 AGENDA ITEM: IV.D.2.b. ITEM: Future Land Use Map designation change from County CH-B (Commeraat HIgh With an Underlymg HIgh Residential, 8 du/ac) to City TRN (Transitional) and rezonmg from County CGlSE (Commercial General Special Exception) to City SAD (Special Activities District) for Walkins Truck Terminal and Public Storage FaCIlity; and Future land Use Map designation change from County CH-B (Commercial HIgh with an UnderlY10g High Residential. 8 dulac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/SpeCial Exception) to City General Commercial (GC) for Valero Gas Station. The three parcels are contained m a 9 13 acres site located on the west side of Military Trail approximately 1,400' south of Lake Ida Road. ,0 " ROAD ~ PETAL PLACE GENERAL DATA: Owner! Applicant...._........ ............ City of Delray Beach Agent.... ..__ ...... ____. __'.'. _.._ __.. _.... __.. City of Delray Beach Location_........................ _ _ _. _._... _._ West side of Military Trail approximately 1400' I - south of lake Ida Road. ~ - - Property Size...... ._..... ._. _....._ .._ _... 9.13 Acres I Existing County Future land Use CH-8 (Commercial High ~ --'-- Map Designation ....__________.___.____ with an Underlying High >- Residential, 8 dulac) Ct: CANAL L-32 <( Proposed City Future land Use i f- Map Designation. .______.._.___. ___w__. GC (General Commercial) In part, and TRN (Transitional) in part Existing County Zoning____w.__..__. CG/SE (Commercial General Special Exception) Proposed City Zoning......____.._____ GC (General Commercial), in part, and SAD (Special Activities District) in part Adjacent Zoning.... ....... .....North: Palm Beach County Single Family Residential (RS) East Residential Medium Density (RM) and Planned Office Center (POC) South: Palm Beach County Agricultural Residential POH (AR) and City Automotive Commercial (AC) West: Palm Beach County Agricultural OFFlC~ Hlc.,pOlN f :::> Residential (AR) o. Existing Land Use...__...._.........__. Truck Terminal, Storage III oJ;. ~c, Facility, and Gas Station . <0 ~r.; -tf( Proposed land Use.......______w.... Same as existing ~ 'l-" ",t' Water Service.. __. .__.. __..... ... h__ __.__ 12" water main located along Military Trail. Sewer Service __ __ __ . __ __ _ __ .. __. _ __ . ___ .. . Sewer service is available from a lift station at the north east corner of the site IV_D.2.b. , . '~!"tit.r.'!'t.,fii~"I'.;..~: ".~...~'~ i!s.o::.t.:'~.:. - . ITEM .BEFORE T.iE...Blj'lRD'...r;.h....:...~.::: ~....,,~.'i,., '. ~.' ""l~.~'''-:'''': :" . . :C~~...II' t.~ ..'- . ..:" .:" ....-..:::.... ::"......~... . ...."J'... .:. . '.. ._.... "., .::fo.:;:.r: ........_..J~f... ."" . ,..~.;;;...., =- The action before the Board is that of making a recommendation to the City Commission on Voluntary Annexation, Future land Use Map Amendments and Rezoning as follows: 0 Parcel 1 - Public Storage Facility: Future land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 duJac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parce' 2 - Watkins Truck Terminal: Future land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercia' Genera' Special Exception) to City SAD (Special Activities District). 0 Parcel 3 - Valero Gas Station: Future land Use Map designation change from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). The three parcels are contained in a 9.13 acres site located on the west side of Military Trail approximately 1,400' south of lake Ida Road. Pursuant to land Development Regulations (lDR) Section 2.2.2(E) (6), the local Planning Agency {Planning & Zoning Board} shall review and make a recomm~ndation to the City Commission with respect to a FlUM amendment and Rezoning of any property within the City. ~j~,~ ~~~- ;-: -,:y~..".::~=~;~,~ ~i"'~~;~ -~~v:~~e~;:-r::~~y~~ 'if~,,~~;:;:f;-~:.:::- ::;~-~ -~~.~-{~,,: -; ~;-iy~ l~~'~~:P~~~': '}: - --:t~~~;;..7<<7::-:~~~~:r=:1l ~ .,.' i;' "19"" , ,~-I---~~;t.'i",1\,1!l,,!J\Jillt'" .~,q.!~ ...,"~ ~ ,,?""..~l,.,l,,~.J~r,,"e'."'''.. ~"'''''1<1' ""~" ,(.",..<"", .' ~... -- t, ,-~ "~__'-~..-c~ ,,"""^o; \ -/ "" ~~ -~ , :.Z.,,~~~ "" The subject property is 9.13 acre site which contains three parcels located on the south side of Canal l-32 and to the north of Conklin Drive and front on Military Trail. The property is bound to the south by Tire Kingdom and la Sedona town house development. To the west the property is bound by the Rockland Park Single Family Subdivision located along Conklin Drive; to the north by High Point of Delray West (Condo Development); and to the east (across Military Trail) by High Point of Delray East (Condo Development) and Pylon Professional Center. The subject property contains Valero Gas Station, a Public Self Storage facility and Watkins Truck Terminal. The truck terminal known as Watkins Motor Lines was legally established by Resolution No. 71-299 approved on August 19, 1971 by the Board of County Commissioners which modify the zoning from A-1 (Agricultural District) to C-2 (General Commercial District) to allow a truck terminal facility (Watkins Motor Lines truck terminal) on the northern portion of the property. Valero Gas Station was legally established by Resolution No. 81-1212 approved on September 29, 1981 by the Board of County Commissioners which granted a special exception to allow an auto service station on the southeast portion of the property. The Public Self Storage facility was legally established by Resolution No. 84-1857 approved on December 11, 1984 by Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 2 the Board of County Commissioners which granted a special exception to allow an enclosed storage facility on the southwest portion of the property. The access to these parcels is directly from Military Trail. The property is under the jurisdiction of Palm Beach County but is in a designated annexation area for the City of Delray Beach. The City has an Advisory land use designation of TRN (Transitional) on the property that allows the establishment of uses which are compatible with adjacent residential use. The applicants are currently receiving water service from the City and are contiguous to the City limits to the east. This water was provided pursuant to a water service agreement which contains an annexation clause. The execution of that agreement was a consent to voluntary annexation under Florida Statute 171.044(1), when the property is contiguous to the corporate limits of the City and the City Commission deems it to be in the best interests to the City to annex the property. The Future land Use amendment and rezoning of the subject property will part, of Comprehensive Plan Amendment 2005-2 September 2005 to be adopted in September 2005. ~~~~. - ~~-~,~: r~1 ~1c;;- !5Rf;j(F~~_' -:--~~'rt:-~ @tf~:~~f;:~~~~.;~.~+ ;:;~Jr~~~i~~"~-,~".;-,:{~~~ ~~~... _ ,~..r_~_ ~:.~~ Current land Use DesiQnation: The current land use map designation for the property is County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The current City Advisory designation is TRN (Transitional). Reauested land Use DesiQnation: The requested Future land Use Designation is to City TRN (Transitional) for Watkins Truck Terminal and the Public Self Storage facility and to City GC (General Commercial) for Valero Gas Station. Florida Statues Governina Voluntary Annexations: Pursuant to the Florida Statutes 171.044 (1) "the owner or owners of real property in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the goveming body of said municipality that said property be annexed to the municipality" . The proposed GC land use designation for the Gas Station is not consistent with the advisory designation of Transitional. However, given the long standing use it would appear inappropriate to apply a designation which would make the existing use non-GQnforming. In the case of the other two uses they are currently allowed in industrial districts. While the proposed zoning will allow the uses to continue, the long term redevelopment of the sites to a use more consistent with the transitional land use and compatible with adjacent residential areas is desired. Land Development Reaulations Governina Annexations: Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owners consented to voluntary annexation via execution of the water service agreement. It is noted that all the parcels are subject to the voluntary annexation. The original agreement was signed by Watkins Truck facility and parcels were later sold off for development as the Self Storage and Gas Station facility. However, as the agreement runs with the land all these parcels are now subject to annexation. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 3 land Use Analysis: Consistency Between the City and County land Use DesiQnations: The proposed City Advisory Land Use Map Designation for the property is TRN (Transitional). The existing County Future land Use Map Designation for the property is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac). The City's TRN land Use Designation is consistent with the County's residential component of the CH-8 designation in that residential developments with a density between five and twelve units per acre are allowed. However, the Transitional land use designation does not allow commercial development other than that of a neighborhood scale. Given the development of adjacent properties with predominantly residential uses it would appear more appropriate to limit redevelopment to those allowed in City zoning districts consistent with a Transitional land use designation (office, medium density residential, or neighborhood residential commercial) rather than heavy commercial uses. Adiacent land Use Map Designations, Zonina Desianations and land Uses: , The following zoning designations and uses abut the subject property: I I Zoning Designation I Use I North: Palm Beach County Single Family High Point of Delray West (Condo Residential (RS) Development) Palm Beach County Agricultural Rockland Park Single Family South: Residential (AR) and City Automotive Subdivision (Along Conklin Drive) and Commercial (AC) Tire Kinadom Residential Medium Density (RM) and High Point of Delray East (Condo East: Planned Office Center (POC) Development) and Pylon Professional Center West: Palm Beach County Agricultural Rockland Park Single Family Residential CAR) Subdivision (AlonQ Conklin Drive) Notth: North of the subject property, has a Palm Beach County zoning of RS (Residential Single Family). The property is developed and contains multiple family structures. South: To the south, across Conklin Drive, has a Palm Beach County land use designation of lR-3 (low Residential 3 - dulac) and a City land Use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family subdivision located along the perimeter of Conklin Drive. Also, to the south (at the intersection of Conklin Drive and Military Trail) the property is zoned County Commercial General Special Exception (CG/SE) and is vacant land. West: The abutting property to the west has a Palm Beach County land use designation of low Residential 3 - du/ac (lR-3) with a City land use designation of MD (Residential Medium Density). The property is zoned County Agricultural Residential (AR). The existing land use is a single family home and horse farm located on a five acre parcel. Planning and Zoning Board Staff Report: Meeting of 07118/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 4 East: East of the property (across Military Trail) has a City land use designation of MD (Medium Density Residential) 5-12 du/ac) and-is zoned RM (Residential Medium Density). The property to the east is known as High Point of Delray East Condo development. Staff is recommending that although the adjacent development pattern to the west and to the north, and a portion to the south consists of RL (Multifamily Residential Low Density) and AR (Agricultural Residential) a land use change to General Commercial and rezoning of GC (General Commercial) for the southeast portion of the property, and a land use change to Transitional (TRN) and rezoning of SAD (Special Activities District) for the balance of the property can be supported. This rezoning will maintain consistency with the development pattern to the south and will avoid creating non-conforming structures of these previously legally established uses. The Transitional land use and SAD zoning will allow flexibility in future development but wrtf not promote further industrial development upon redevelopment as currently exists on the site. Allowable Land Uses: Under the proposed GC (General Commercial) zoning designation gasoline stations are allowed as a conditional use [Ref: lDR Section 4.4.9(D)(9)]. Within the SAD (Special Activities District) zoning designation all uses which are allowed are established at the time of establishment of the SAD zoning through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approved (via ordinance) by the City Commission. Therefore, the existing Truck Terminal and Public Self Storage Facilities will become permitted uses with the adoption of the SAD zoning for this site. REQUIRED FIDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to LOR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. a 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. Pursuant to land Development Regulations Section 3.1.1 (A) (Future land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future land Use Map. The proposed General Commercial (GC) zoning district is consistent with the proposed General Commercial (GC) FlUM designation. Under the proposed GC (General Commercial) zoning district gasoline stations are allowed as conditional use to the GC District. The SAD zoning is deemed consistent with any land use designation on the Future land Use Map and has been established to allow for projects which are not otherwise classified in other zone districts. With the adoption of the SAD (Special Activities District) zoning designation the Planning and Zoning Board Staff Report: Meeting of 07/18105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 5 public self storage facility and truck terminal will become permitted uses at that site. This will allow the current uses to remain conforming yet not encourage future industrial redevelopment. Based on the above, positive findings can be made with respect to FlUM consistency. o Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FlUM designation from CH-8 to GC for the southeast portion of the property and to TRN for the remaining balance on a 9.3 acres site that contains three parcels. The proposed FlUM Amendment will accommodate existing uses. While impacts will not increase they will shift from County providers to City providers. It is noted the City has provided the site with water service for many years and will continue to do so upon annexation. Concurrency findings with respect to Solid Waste and Sewer are discussed below: Solid Waste: The existing 924 square feet of gasoline station floor area generates 13.63 tons of solid waste per year (924 sq.ft x 29.5.12,000 Ibs. = 27,258 Ibs or 13.63 tons). The existing 49,423 square feet of public storage floor area generates 128.50 tons of solid waste per year (49,423 sq.ft x 5.2J2,OOO Ibs. = 256,9991bs or 128.50 tons). The existing 17,980 square feet of truck terminal floor area generates 82.71 tons of solid waste per year (17,980 sq.ft x 9.2./2,000 Ibs. = 165,416 Ibs or 82.71 tons). Total waste generated by the existing uses is 225 tons. This amount of solid waste can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals and existing facilities till the year 2024. Sewer: Sewer service is available from a lift station at the northeast corner of the site. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. , o Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: 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. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 6 The proposal involves annexation of unincorporated property which requires changing the FlUM designation from County to City. The current County FlUM designation is CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) and the proposed City's designation is GC (General Commercial) for the southeast portion of the property, which provides basic regulations for small parcels that are best suited for general retail use but which are not of sufficient size to be designed in a planned sense. The proposed City's land use designation for the balance of the property is TRN (Transitional). The City's FlUM designation being applied is also the City Advisory designation of TRN. As the designations are either the adopted City Advisory designations (TRN) or are of similar intensity and more appropriate given existing approved development (General Commercial), the data and needs analysis are met. Future Land Use Element Objective A-1: 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. The subject property at the time it was established did not have any unique environmental characteristics that would have prohibited development of the site or require mitigation measures. The property was developed in a manner that was complimentary to the adjacent use located to the south (a tire and auto-repair service known as Tire Kingdom) and also to the adjacent residential areas with the provision of a buffer along the west, and south portion of the site. It is noted, that Resolution No. R-81-1212 of the Board of Commissioners of Palm Beach County made the following finding of fact with regards to the gasoline station: 1. The proposal would be in harmony and compatible with the present and future development of the area concerned. It is also noted, that resolution No. R-84-1857 of the Board of Commissioners of Palm Beach County allowed an enclosed storage facility on the property subject to the following conditions: 1. The Property Owner shall convey for the ultimate right-of-way of Military Trail, 60' feet from centerline approximately an additional 10 feet within 90 days of adoption of the resolution by the Board of County Commissioners; conveyance must be accepted by Palm Beach County prior to issuance of first building permit; 2. The developer shall be permitted only one access onto Military Trail within the existing 20 foot ingress/egress easement 3. Prior to certification by the Site Plan Review Committee, the site plan shall be modified to reflect: . Placement of a required 6' masonry wall along the western and southern property lines so that tree planting may be included between the wall and property line (external to the enclosing wall). Adequate space shall be allowed to permit maintenance of the plantings; Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 7 . Canopy trees 8' - 12~ in height planted 20' on center average, along the southern and western boundaries of the site, placed between the required masonry wall and the property lines; . Canopy trees 10' - 12' in height, planted 30' on center average, along the site's frontage on Military Trail. It is also noted, that resolution No. R-71-299 of the Board of Commissioners of Palm Beach County rezoned the northeast portion of the subject property (Watkins Motor Lines Truck Terminal) from A-1 (Agricultural District) to C-2 (General Commercial District) to allow the Truck Terminal facility on the property. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the GC (general Commercial) land use designation will be compatible with adjacent development pattem to the south of the subject property which has a City zoning of AC (Automotive Commercial). However, compatibility with the abutting low density residential properties to the south (Conklin Drive), and to the north and west (High Point of Delray West Condo) is of some concern. With existing commercial developments of this kind, the City requires that trees must be installed every 25' along the south and west property line abutting single family residences. With future modifications to the site these regulations will be applied. This along with other lDR requirements will assure compatibility with surrounding uses. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. At this time no issues have been identified which would indicate non-compliance with the requirements of the GC and SAD zoning district. Buffering particularly with respect to the adjacent single family areas to the south and west as required by the approved County sites plans and must be maintained. :: ___-_~ ~,~~.~L~-_=_~_~_~__.~~_=_~~_,L~!:~__~ ~~~{_'~~~ --~~?~~r ---"--~~-- 7= ~1~-~~~~~ ~:~.~~~ ~ ~:::-~-- - - - , Florida Statues Governina Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5) "'and shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or man made obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality . . The property is contiguous with the City and reasonably compact. These three parcels do not meet the definition of an enclave nor would its annexation create one. Planning and Zoning Board Staff Report: Meeting of 07/18105 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 8 Land Development Reaulations Govemina Annexations: Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownershipH pursuant to Florida Statutes. The original property owner for all three parcels has consented to voluntary annexation CONSISTENCY WITH THE CITY 'S COMPREHENSIVE PlAN: Desianated annexation area: The territory to be annexed is located within the designated annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue. Annexation of the subject territory is consistent with the Future land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: Future land Use Element B-3.1 states that when annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City. What follows is a discussion of required services and the manner in which they will be provided. Police: The subject property is currently served by the Palm Beach County Sheriffs Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff Patrol zone 7. Zone 7 is bordered by EI Clair Road on the west, the Atlantic Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a consequence, response time is significantly improved upon annexation. Annexation will not require additional manpower since the police currently pass the property during routine patrolling to the north, west and east of the property. Fire and Ememencv SeNices: The municipal area is served by Fire Station NO.4 (Barwick Road and lake Ida Road). With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and Lake Ida Road). Water and Sewer: City services regarding water and sewer have previously been discussed under Future Land Use Analysis section of this report. streets: The subject property has direct access to Military Trail which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility immediately adjacent to the property change as both side of the street will be within the City limits. However, associated road maintenance will not change upon annexation. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 9 Financial Impacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: ~ . -- - ~ - - - -~ - -- _~_v ~~~{~_-~ - .,- ~ - "'" ~ v~__" _~, ~_. _' _'" ~_ _~~_:~,~'<~~ 4. ~ _ ~ _~ _ -., __~ _ ~~ '- ~-"-_ ~,_v,- ~ :~~:_:!_~.:...~~ -_: 424614000001010 $1.304,531.00 $25,445.00 $1,674.00 27,119.00 19.50509 23.7254 $30,950.52 $5,505.52 424614000001140 $2,000,000.00 $39,010.00 $2,594.00 41,604.00 19.50500 23.7254 $47,450.80 $8,440.80 424614000001150 $490.000.00 $9,558.00 $469.00 10,027.00 19.50612 23.7254 $11,625.44 $2,067.44 TOTAL $3,794,531.00 $74,013.00 $4,737.00 $78,750.00 19.50518 23.7254 $90,026.76 $16,013.76 For the 2005 tax year the subject property (three parcels) had a combined assessed value of $3,794,531. With the change from County to City jurisdiction, the following taxes and rates will be affected: _ _ _ _ v _ _" - -- - - ~_~~:~:~~~;;_.~~._~~~~.o-~~._.~:.___. _'~ ~~ ..~~ __":". ~c._.>~~2 _:_~~~-~~~j Fire/Rescue MSTU 12,138.70 3.198999 DELETE 0.00 0.00 Palm Beach County Lib. 2,050.19 0.540301 DELETE 0.00 0.00 Palm Beach Co.lib.Debt 153.30 0.040400 OELETE 0.00 0.00 Florida Inland Navegation 146.09 0.038500 146.09 0.038500 Health Care District 4,173.98 1.099999 4,173.98 1.099999 Children Service Council 2,618.99 0.690201 2,618.99 0.690201 Palm Beach County 17,075.39 4.500000 17,075.39 4.500000 Palm Beach County Debt 1,015.79 0.267698 1,015.79 0.267698 Public Schools Debt Serv. 1,039.70 0.274000 1,039.70 0.274000 Public Schools Loc.Board 9,835.42 2.591999 9,835.42 2.591999 Public Schools State law 21,120.36 5.566000 21,120.36 5.566000 SFWMD District 2,265.34 0.597001 2,265.34 0.597001 SFWMD Everglades Consl 379.45 0.099999 379.45 0.099999 City of Delray Beach 7.466100 Added (City) $28,330.35 7.466100 City of Delray Beach Debt 0.533900 Added (City) $2.025.90 0.533900 ... - "'::- ~~~~:i . '''':--.;;;!'''''' "" ~ ... "''''*''~''''--~ * Total tax millage in the county is 19.505098 mills while in the city the total millage is 23.725398 mills. Therefore the difference is 4.220221 mills. The current yearly ad valorem taxes are $74,013. With annexation the yearly ad valorem taxes will be $90,026.76, (74,013+16013.76=90,026.76); a tax difference of $16,013.76 (3,794,531x4.220221/1000=16,013.76). In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft. of impervious area 68,327/2,502) X $54)/1,000=1,474.68). As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $1,474.68. A further increase based upon new Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 10 impervious surfaces will be realized with future development/redevelopment of the site. A 25% discount from the assessment is available since the property is within the lake Worth Drainage District. An additional 25% is also available as drainage is retained on site. Occupational license Fees - The gas station, public storage facility and truck terminal have an occupational license. With the annexation, these facilities must obtain an occupational license from the City, in addition to the County's license. The City license fee is $142. Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) .. if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the waste provider is currently the same this annexation will have no impact. For non-residential units -the assessment fee for solid waste collection is calculated using the following formula (# sq.ft. of impervious area 68,327*$17.09)11,000=$1,167.70). Resulting Impacts to Property Owners: t.2'. ;.~ ~: - ~ ~. - _~ ~~ ~~j, _' ::. -,~'~~~~1{~i-~J i,~.L__",_::-;:~~;L~.~~ ^ ~ - J_- -: _~ _~ =_;_: ~~~~-~~;_~i. ~-~~~~;j}~' :<~-~~::~! ,,-~ ~~~~, ~~~ > ~ [J~ ~- ~-~= ~ ~ ~- ~+~- ~~ - =~~; ~.:~ r:2-~~~~~~i::r]~~lj~ :.7?~ - INlln ~:-~~~~?~- .-<_"''"''~ ~~<-__-l"'j~ AD VALOREM TAXES 2005 + $16,013.76 City Mills. County Mills 23.7254 - 19.50518 = 4.2203 NON AD VALOREM TAXES 2005 Stormwater Assessment $1,474.68 Solid Waste Collection $1,167.71 WATER & SEWER UTIUTY FEES $0.00 ANNUAL F~ANCIAL IMPACT: + $18,656.15 ~ - --~ - -, -- ~ , ~, _ ~ ~ ~~_..~~ _ J_ _"'~ ~~ ~~ Fire Response + Faster response from an estimated 5.5 minutes (Coun to 2.5 minutes (Ci ). Emergency Medical + Faster response from an estimated 5.5 Services EMS minutes (Coun to 2.5 minutes (0 ). Police + Better response based upon more officers in field; 14 patron cars per shift daytime, 15 patroll cars durin the ni ht. Code Enforcement + Pro-active vs reactive opportunity to work with ro owners. Fiscal Impacts to the City: At the 2004/2005 City operating mileage of 7.4661mills and debt rate of 0.5339 mills, the property will generate approximately $16,014.06 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 11 ~- - ---~- - --=f'~,"""--~-'" -~~ ~...::'<-'----- - ~~- - - - - -- - ~-.., ~__ _ _ '"'-"""" _ ~._ ~~_ ~,,:-,~~ -~_:;c-'':>;'<'- ~:' ~_-....-::.~ -..>.~::;=-,;:-. ~ -. ~ - . -"'"'- -- ~;.:.. AD VALOREM TAXES 2005 City of Delray Beach (7.4661 Mills) $28,330.35 City of Delrav Beach Debt 10.5339 Mills) $2,025.90 SUB-TOTAL $30,356.25 NON-AD VALOREM TAXES Stonn Water Utility (# sq.ft of impervious area/2,502) X $54) $1,474.68 SUB-TOTAL $31,830.93 PARK AND RECREATION IMPACT FEE $500 per dwelling $0.00 TOTAL $31,830.93 ~-=~-~~-:~~~_-:_..,~-,,,,,~~~lf~!:)~ ~~r;:is~~~~F _~~~~-"; -~=~=-->-7~_::;- :~~~=~ Future land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the lOR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. The proposed City zoning designation is GC (General Commercial) and SAD (Special Activities District) while the current County zoning designation is CG/SE (Commercial General/Special Exception). The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City RM (Residential Medium Density) and POC (Planned Office Center) to the east; County RS (Single Family Residential) to the north and a portion of the south; and County AR (Agricultural Residential) and City AC (Automotive Commercial) to the south. COMPREHENSIVE PlAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Policy 8-3.2 - Water and sewer facilities may be provided to unincorporated areas by the City, upon demand, in a manner consistent with Policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntary annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of service. This annexation is consistent with this policy as well as the City Commission policy relating to annexation of contiguous properties if City services are required. This request is also consistent with Future land Use Policy A-1.7 which has been previously discussed. REQUIRED FINDINGS: (Chapter 3) Previously discussed under land Use section of this report Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility Annexation, FLUM Amendment with Initia' Zoning of GC and SAD Page 12 COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in lOR Section 3.2.2, along with the required findings in lOR Section 2.4.5(0) (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. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment and Zoning analysis sections of this report. Section 3.2.2 (Standards for Rezonina Actions): Standard "A", "B", "C", and "E" are not applicable with respect to this rezoning request. The only applicable performance standard of 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 initial GC and SAD zoning designations will allow the existing facilities to continue to operate. It is noted, that south of the subject property has a City land Use Designation of CG (Commercial General) and is zoned AC (Automotive Commercial). The property is developed and contains a tire store and automobile repair facility (Tire Kingdom) which is consistent with the type uses of the subject property (Public Self Storage facility, Watkins Truck Terminal, and Valero Gas Station). Staff is recommending that although the adjacent development pattern to the west, and south of the subject property consists of AR (Agricultural Residential) and RS (residential Single Family) to the north a rezoning of GC (General Commercial) and SAD (Special Activities District) are appropriate. This rezoning will maintain ~nsistency with the development pattem south of the subject property and will avoid creating non- conforming uses that have been in operation since December 11, 1984 (Public Storage facility), August 19, 1971 (Watkins Motor Lines - Truck Terminal), and September 29, 1981 (Valero Gas Station). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(0) (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 change 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 Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 13 (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 applicant is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designations be applied. The GC (General Commercial) and SAD (Special Activities District) zoning are appropriate as they are consistent with the County CG/SE (Commercial General/Special Exception). _~~_~___..,.,.....~ _~""-----T_~~_~____~"__ ~~--~----~ ~- -~~~----~- t~~ ,.'. ~~~':::~;<~4F~_1\~ ~;, d,~_~~_~Ij~-~'iil~</:/~3<1'~:~~>c::f5n{~- ~~:'" ';~~>j;~~ The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On June 29, 2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date no reply has been received. lake Worth Drainage District: On June 29, 2005 lake Worth Drainage District was notified of the City's intent to annex this property. IPARC Notice: On June 28, 2005, notice of the Future land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and Civic associations: o Jerry Frandosa, PROD (Progressive Residents of Delray) o Carolyn Zimmerman, Presidents Council a Frances Chassen Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ~ - - ~ - ,.".- .,.....~~---- - -~-~_. _.- ----- --~, ~---- - ~ < - . - - - - - - -- - - _.- ~_~~ ~_~__:..~~__________~~_ ~.~__~__ H~~~L_~__~ ~ _~ _ __~. :: ~:'- ~_ ~-= ~ ~ ___~_ '__~_ ~ _~ ~ "-___ _ _ __~-+-~~- -~- -~ :4 Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area.. The application of initial zoning designations of GC and SAD are consistent with existing land uses and the existing County zoning (CG/SE) for this property. Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Tenninal. Public Storage Facility Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 14 The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The property will experience a slight increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees, utility taxes, franchise fees, and licensing fees. The total immediate revenue increase is approximately $31,830.93, a year. Based upon the above, the proposed Annexation, Future land Use Map Amendment and associated Rezoning application should be approved. .- ---,~~ _.~~~;'"~~~ r;t~ ~~~" r-~;;~~~ ~~~-r~;.: ,~:='~-;:"~;A~7~~~--~---=--~~ '" _~,r,.,.'Jt-" "' ~,~",- -:_~:~_~~;'~,{~J['f~~~~<\:r,;~{;~iiJ~ -\~fl,i$~~~"i~" ~_..", ~~ '~~';l-};<)~t"'-~~"'I"~1 ~-~-~ ; ,;,.....-~~-~~~,~""~~~~ ~ A. Continue with direction. B. Move a recommendation of approval to the City Commission for the voluntary annexation, FlUM Amendment from County CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, 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 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 voluntary annexation, FlUM Amendment from CH-8 to General Commercial (GC) in part and Transitional (TRN) in part, and the initial zoning designation of General Commercial (GC) in part and Special Activities District (SAD) in part, 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 not consistent with the Comprehensive Plan nor meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the land Development Regulations, subject to the following condition: ~~---~-~"t ~~"'''''. .~..,t _ ~ ~~~~:-'":~":::::'l?'7"""-""'""'-=--~""'~ ,~'" ~, ",,*..F~~r<..l\;,j'''h'-,, "'~ ~ ',~ t;';r?;J;l~ ~~:'"::(:,"~1~:Bi'l7;~o ';~;Jc'I;~~~j~~dAl@, ('1i0'~)li'h~@tW",l0A;~~. <;;i',{: .~':: '0 1":;'" '}{;'<;':-:';J1~"";' ,J,'; , " ~_~_~_'-~,~~ ;.;u,~ ~ ,,,, Move a recommendation of approval to the City Commission for the voluntary annexation, FlUM Amendment of: o Parcel 1 - Public Storage Facility: FlUM amendment from County CH-8 (Commercial High , with an Underlying High Residential, 8 du/ac) to City TRN (Transitional) and rezoning from County CG/SE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 2 - Watkins Truck Terminal: FlUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 dulac) to City TRN (Transitional) and rezoning from County CGfSE (Commercial General Special Exception) to City SAD (Special Activities District). o Parcel 3 - Valero Gas Station: FlUM amendment from County CH-8 (Commercial High with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) and rezoning from County CG/SE (Commercial General/Special Exception) to City General Commercial (GC). . Planning and Zoning Board Staff Report: Meeting of 07/18/05 Valero Gas Station, Watkins Truck Terminal. Public Storage Facility . Annexation, FLUM Amendment with Initial Zoning of GC and SAD Page 15 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 does meet 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. Estefio Breto, Senior Planner ~ 0 I I ~I I ~ i--~I I I I I I I o FERNOALE w ORlVE ~ ~ - \ I 1 I ~ - I ~ ~ i : ---- N.W. 6TH ~ I . > J N EST I N G WAY /Y i ~ <I-- :.s I 1-1 ~ ;NW 5TH CT. ~ 1 ,I , ~ _ ~, a , I!:!' lI) .. ~ ~NN~': ~:51H JU U .>; If) ~ ST. ~.~ ~ I /yi. <: '.. CANAL L -32 <t: I l-iLJJI ~~ ~il . . N '+I 3RO DR. 2f1l\ ( N W. 3RD CT ~ ++++ I '--./ ''/0. V. w- 1 ~-o + J}.Cc:p'b + "- ... .--.-"'- .d ~I I I I I I :., _ -. _ .- I.' ~ _ ""I---: CONKLIN 0 1~".'. .',. ,. . fT1 J I 1 i ,~ I N W. 3RO ST. ~ '--. .._.. . _,1_.. . _,. ._" ! ~~ 111 M"" I' 0 ~ 'i t~""i'" r""" '. ~ =; III I I I I Il DC EXTRA CLOSET ~ _~ ~ STORAGE, z ,,_.' -,.-.. . U ,1,0. ..-..-. , .. . ... '-- "", ' ..,"" """ " " "..,." " , " "." """"""J ~.; , ~ _ <- i PO. ST ROSEA/RE ~:-------) O~\\If. OFFICE RETREA T ~~4~ ~ ~!!5 ~ \ I ".,,_, _".,,_,,~ _'_, ,.,'.,'. .'1 BOYS "y ~ C ~ '..'.'."."-"OVI.' .~ ' ,. . 1 ~:~:i = ~Ll- I ""- s / 1 / /" I '------" _ f-- - V71 '( Jf -~- - ~i" Ii / I!J; SHOPPES f-- - - 'l' '" OF --- (j .. <: ~ f DELRAY --' ,- NAP REf: lM85J k::] VAlERO GAS STATION N FlUM FROM Qi-B (COIAt.IEROAl HIGH Willi AN UNOERlYlNG HIGH RESlDENnAL) TO OTY GC (GENERAL COMMEROAL) - REZONING' FROM CG/5I': (COMMEROAL GENERAL SPEOAl EXEpnON) TO GC (GENERAL COMMEROAl) OTY OF OELRAY BEACH FL ~ WATKINS MOWR!: UNES AND PUBLIC SELF SfORAGE FACIUTY PLANNING'" ZONING OEPARllIENT FlUM fROM' CH-B (COMMEROAL HIGH WIlli AN UNOERL'tlNG HIGH RES,OENllAL) TO OTY lRN (IRANSlnONAl) __ DIGITAL BASE MAP SYSTEM __ REZONING. FROM CG/5I': (COMMERCIAL GENERAL SPEOAL EXCEPllON) TO SAD (SPECIAL ACllVlTlES [}'STRICT) ORDINANCE NO. 66-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRA Y BEACH, PARCELS OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 100 FEET NORTH OF CONKLIN DRIVE, AS THE SAME IS MORE P ARTICULARL Y DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIP AL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Public Storage, Inc, is the fee simple owner of the parcel of land located on the west side of Military Trail, 280 feet north of Conklin Drive; and WHEREAS, pursuant to the Agreement for Water Service Outside the City Limits executed on May 18, 1979, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits ofthe City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of CH-8 (Commercial High with an underlying High Residential, 8 units per acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 18,2005, and voted 6 to 0 to recommend annexation, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163 .3174(4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Southerly 313.06 feet of the northeast quarter (NE lf4) of the northeast quarter (NE lf4) of the northeast quarter (NE lf4) of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, as in ORB3367, PG 206, (Less the southerly 155.98 feet of the easterly 286.59 feet and Military Trail R/W). Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 66-05 Section 7. 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 8. That this ordinance shall become effective immediately upon Passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,20_ ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 66-05 cI< I CITY COMMISSION DOCUMENTATION 1&-1 TO: Dta.Z:jA EN ~I:rv MANAGER THRU: P UL DORLING, 01 CTOR OF PLANTI~O~G FROM: ESTELlO BRETO, NIOR PLANNER I; c. < SUBJECT: MEETING OF SEPTEMBER 6, 2005 ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY HR-8 (HIGH RESIDENTIAL - 8 DUlAC) TO CITY MD (MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC), AND REZONING FROM COUNTY AR (AGRICUL TURAL RESIDENTIAL) TO CITY RM-8 (MEDIUM DENSITY RESIDENTIAL 8 DUlAC) FOR A 4.85 ACRES PROPERTY KNOWN AS GRAMERCY SQUARE II LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF ATLANTIC AVENUE. t BACKGROUND I The 4.85 acres property which contains six parcels is located to the south of Points West Plaza in unincorporated Palm Beach County. The parcel has a County HR-8 (High Residential 8 du/ac) land use designation and a County AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. The property is bound to the north by the Points West Plaza, to the south by the lWDD l-34 Canal and to the west by the Coconut Key multiple family residential development and to the east by a 60' access easement tract and the recently approved Gramercy Square Townhouse development. The subject property consists of 6 separate parcels with 2 owners. Three of these parcels are undeveloped and the other three contain single family residential homes. The access to these parcels is currently via the access tract and easement through the Points West Plaza to the north. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. The subject property will be integrated with the Gramercy Square townhouse development to the east for construction of an additional forty townhouse units. t PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of August 15, 2005, the Planning and Zoning Board held a public hearing in conjunction with the requests. There was public testimony from Ms. Nancy Eisenberg, who lives at 134 Coconut Key lane, representing the Coconut Key Home Owners Association. Ms. Eisenberg concerns evolved around the close proximity of the proposed development to the Coconut Key residential development, the height of the buildings, and the need for a landscape buffer to mitigate any potential impact. After reviewing the staff report and discussing the proposal, the Board voted 5 to 0 to recommend that the requests be approved subject to a zoning density suffix of 8 units per acre maximum. The request was approved based upon positive findings with respect to lDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other properties within the City. t RECOMMENDED ACTION I By motion, approve on first reading the ordinance for Annexation, the FlUM amendment from County HR (High Residential - 8 du/ac) to City MD (Medium Density Residential - 5-12 du/ac), and rezoning from County AR (Agricultural Residential) to City RM-8 (Medium Density Residential - 8 du/ac), based upon the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations, and set a public hearing date of September 20,2005. Attachments: \~ · P & Z Staff Report of August 15, 2005 and Proposed Ordinance ~---- - -~- -- - -- -----------~~-~--- PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---5T AFF REPORT --- MEETING DATE: August 15,2005 AGENDA ITEM: v.c. ITEM: Future land Use Map (FlUM) Amendment from HR-8 (High Residential- 8 du/ac on the Palm Beach County Comprehensive Plan) to MD (Medium Density Residential 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Medium Density Residential 8 du/ac) for a 4.849 acres site located on the west side of Military Trail just 700' south of Atlantic Avenue. KFC GENERAL DATA: I(-MARf Owner/ApplicanL..... ............. ..... Home Oevco Corporation of South Florida AgenL........................................ Miller Land Planning Consultants, IJARKf1PLACE OF Inc. DflR'Ar" location............................__........ West side of Military Trail, approximately 700 ft. south of West Atlantic Avenue. Property Size................__............ 4.849 Acres Existing County Future Land Use Map Designation ......__.__..........__. HR-8 (High Density Residential- 8 units/acre) Proposed City Future Land Use Map Designation....................___.. MD (Medium Density Residential 5-12 units/acre) Existing County Zoning.........__.... AR (Agricultural Residential) Proposed City Zoning.............__.. RM-8 (Medium Density ResIdential - 8 du/ac) Adjacent Zoning................North: City PC (Planned Commercial) East: City RM-8 South: County RS (Single FamIly Residential) West: City RM-8 Existing land Use...................... Three single family homes and three vacant lots. Proposed land Use.................... Annexation with initial zoning of RM-8 to obtain City services for the construction of a 40 units town house development. Water Service............................. Available via connection to an existing 12" water main along the east side of Military Trail and an 8" main at the southeast corner of the shopping center to the north. Sewer Service. .................. .......... Sewer service is available adjacent to the site via an existing 4" force main along the west side of Military TraIL \/r :"f~)'f::;~~~~~~..:c,~~;~4t~i~~~~j1~~ft.~';ljgMp' - .. ~ <: ~~\_1t~.. ;Y;. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Voluntary Annexation, Future land Use Map (FlUM) Amendment from HR-8 (High Residential - 8 units/acre on the Palm Beach County Comprehensive Plan) to MD (Medium Density Residential 5-12 units/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Medium Density Residential 8 units/acre) for six parcels which are contained in a 4.85 acres site located on the west side of Military Trail approximately 700' south of Atlantic Avenue. 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. ~.:i.i~t ,': . ...~~ g~CKGRQLiNl)iPBOJe.&.t QES.CRIPTIOij . ".j.\. ...... ....-i. ~" . ;:... ... r-~t The subject property is a 4.85 acre site which contains six parcels located to the south of Points West Plaza and to the west of the future site for the Gramercy Square Townhouse development that front on Military Trail. The property is bound to the south by the lWDD l-34 Canal and to the west by the Coconut Key multi-family residential development. The eastern 60 feet of the subject property includes an access easement tract for these six parcels and the Gramercy Square development located to the east. The subject property consists of 6 separate parcels with 2 owners. Three of these parcels are undeveloped and the other three contain single family residential homes. The access to these parcels is currently via the access tract and through the Points West Plaza. The subject property is under the jurisdiction of Palm Beach County but in a designated annexation area for the City of Delray Beach. The City has an advisory land use designation of TRN (Transitional) that allows for residential development with a density between five and twelve units per acre. The applicant has indicated that upon approval of the land use amendment and rezoning, the subject property will be integrated with the Gramercy Square townhouse development to the east for construction of an additional forty (40) townhouse units. An application is now before the Board regarding a Voluntary Annexation, FlUM Amendment from HR-8 to MD and a Rezoning from AR to RM-8. ~}'t'~~.'. .~ .'i=OtlJRE LXND USe1lAP AMEND - t!AAALYsis":>.>!. ":~~:':~~f-1ih_,; ~.* . . . .' -' . -. . - ,.... - '. - . ... " . > . ' - - Current Land Use DesiQnation: The current land use map designation for the property is County HR-8 (High Density Residential - 8 du/ac). The current City "advisory" designation is TRN (Transitional). Reauested Land Use Designation: The requested Future land Use Designation is to City MD (Medium Density Residential 5-12 du/ac). Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future land Use Map Amendment is being processed as small scale development pursuant to Florida Statues 163.3187. This statutes 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 amendment (twice a year), subject to the following conditions: Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 2 . The amendment does not exceed 10 acres of land; . 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; and, . 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 twelve 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 Future land Use Map amendment involves a 4.85 acre area, thus the total area is less than the 10 acre maximum. The property is not located within a designated redevelopment area or traffic concurrency exception area and the cumulative total of small scale amendment does not exceed 60 acres (23.01 including this amendment). The proposed amendment to Medium Density has a density range of 5-12 du/ac (MD) and is being proposed concurrently with a request for annexation and initial zoning of RM-8 to accommodate a townhouse development. This will limit development to a maximum of 8 units per acre which will be consistent with the adjacent development pattern. This land use designation will allow zoning districts which allow single family, and low and medium density multiple family developments. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200' feet, within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Given the above, the proposed FlUM amendment can be processed as a small scale amendment. land Use Analysis: Consistency Between the City and County land Use Desianations: The proposed City land Use Map Designation for the property is MD (Medium Density Residential 5-12 dulac). The existing County Future land Use Map Designation for the property is HR-8 (High Density Residential - 8 du/ac). The City's MD land Use Map Designation is consistent with the County's HR-8 designation in that Medium Density Residential is allowed. The current advisory "Transitional" residential designation allows multiple family development as well as office and limited commercial development. The City's FlUM designation as initially contained on the City's Future land Use Map adopted by -- Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 3 Ordinance 82-89 in November 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future land Use Map Amendment is processed. Adiacent land Use Map Designations. Zoning Designations and land Uses: The following zoning designations and uses abut the subject property: I I Zoning Designation I Use I North: Planned Commercial (PC) Points West Plaza (fka Babies "R" Us Plaza). South: Palm Beach County Single Family Single Family Subdivision (Country Residential (RS) Club Acres) East: Medium Density Residential (RM-8) Future Site for Gramercy Square Townhouse Development West: Medium Density Residential (RM-8) Coconut Key Multiple Family Residential Development North: North of the subject property, has a City land Use Designation of GC (General Commercial) and is zoned PC (Planed Commercial). The property is developed and contains a shopping plaza (fka Babies "R" Us Plaza). South: To the south, across the l-34 Canal, has a Palm Beach County land use designation lD (low Density Residential) and an advisory City land Use designation of Low Density Residential 0-5 du/ac. The property is zoned County RS (Single Family Residential). The existing land use is a single family subdivision known as Country Club Acres. East: The abutting property to the east has a City land use designation of MD (Medium Density 5-12 du/ac) with a zoning of RM-8 (Multiple Family Residential 8 du/ac). The existing land uses are 9 lots (lot "A" and "B" of the Mil-Atlantic property plus 7 separate parcels, with 5 single family acre lots), future site for the Gramercy Square Townhouse development. West: East of the property has a City land use designation of MD (Medium Density Residential) 5-12 du/ac) and is zoned RM-8 (Multiple Family Residential 8 du/ac). The property is the site for Coconut Key multiple family residential development. Allowable land Uses: Under the proposed Medium Density Residential 5-12 du/ac designation, residential zoning districts which accommodate single family and multiple family units (R-1 thru R-1-AAA, Rl, PRD, and RM) are allowed. The applicant has requested an initial zoning designation of RM-8 (Medium Density Residential- 8 du/ac). This zoning is consistent with the proposed land use designation. Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 4 REQUIRED FIDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to LOR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. o 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 Medium Density Residential (RM) zoning district is consistent with the proposed Medium Density Residential (MD) FlUM designation. Multiple-family townhouse developments are allowed in an RM zoning district as a permitted use at a base rate of six (6) units per acre. Increases above that density are only allowed if the subsequent development substantially complies with the performance standards listed in LDR Section 4.4.6(1). Compliance with these performance standards will be assessed during the site plan approval process. Based on the above, positive findings can be made with respect to FlUM consistency. o Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FlUM designation from County HR-8 to City MD on six adjoining parcels, which total approximately 4.85 acres. The proposed FlUM Amendment will result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: The annexation of the property to accommodate a town house development will create an additional impact on park and recreational facilities. The proposed RM-8 zoning district will allow 39 additional units. Pursuant to land Development Regulations (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. Based upon the proposed FlUM Amendment and Rezoning, the maximum allowable density (8 du/ac) would allow 39 dwelling units, thus requiring a park impact fee of $19,500 which will be collected before issuance of a building permit. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration. Palm Beach County School District has approved a concurrency determination for the development proposal. Solid Waste: Three out the six subject properties currently contain single family homes and therefore have a minor impact on this level of service standard. Assuming the proposed maximum density (8 du/ac), the subject properties will generate 20.28 tons of solid waste per year (0. 52x39=20.28). The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Planning and Zoning Board Meeting of 08/15105: Staff Report Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 5 Water: Municipal water service is available via connection to a 12" water main located along Military Trail, and also via an existing 8" main located on the southeast corner of the abutting shopping center to the North (Points West Plaza). With future development of this property, looping of these systems as well as 8" main extensions will be required. Along the new mains, fire hydrants will have to be installed with a minimum spacing of 400'. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant at build-out. Sewer: Sewer service is available adjacent to the site via an existing 4" force main along the west side of Military Trail. With future development of the Gramercy Square installation of a lift station will take place along the east property line, thus, sewer main extensions to the west property line will be required. Country Club Acres to the south is served by county services. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. o Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: 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 proposal involves annexation of unincorporated property which requires changing the FlUM designation from County to City. The current County FlUM designation is HR-8 and the current "advisory" designation is Transitional, which allows residential (single and multiple family, offices and retail). As the City's FlUM designation is of similar intensity as the advisory designation this request meets the demonstrated need. It is noted that the proposed RM-8 designation would allow a maximum density 8 du/ac) which is equivalent to what is currently allow under the county designation of (HR-8). Further more given the adjacent land use patterns and density, a maximum density of 8 du/ac is compatible. HousinQ Element Policv 8-2.2: 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 or 4 bedroom units and activity areas for children Planning and Zoning Board Meeting of 08J15/05: Staff Report Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 6 ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area. and for projects having fewer than 25 units. The subject property (4.85 acres) will be combined with the 13.63 acre Gramercy Square townhouse development. The Gramercy Square townhouse development extensive frontage along Military Trail along with the depth provided by the six (6) Gramercy parcels (subject of this annexation) is an appropriate location for a multi-family development. Provided that the proposed future townhouse development expansion accommodates households with a range of ages, with an activity area for toddlers and teens, and a varied combination of bedrooms positive findings can be made with respect to this policy. Future Land Use Element Objective A-1: 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. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complimentary to the adjacent residential areas. Under the MD FlUM designation, a range of 6 to 12 du/ac is allowed. The requested zoning designation of RM-8 will be compatible with the adjacent development patterns. The property is bound on the south by the lWDD l-34 Canal, and to the north by the Points West Plaza. It is noted to the west of these unincorporated parcels are city parcels also limited to 8 du/ac. The requested RM-8 zoning would be similar to properties to the east (Gramercy Square) and west (Coconut Key). The existing single family subdivision located to the south has a designated land use of lD (low Density residential). The subdivision is separated by the lWDD l-34 canal and landscape buffering will have to be provided around the perimeter of the subject property to mitigate any potential impacts. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, if limited to a maximum density of 8 du/ac this designation will be compatible with adjacent development patterns. Compatibility with the abutting low density residential properties to the south (Country Club Acres) and west (Coconut Key) is not a major concern. With development of the site as a town house development, the City requires that trees must be installed every 25' along the south property line abutting single family residences. Along with other lDR requirements this will assure compatibility with surrounding uses. Compliance -- Development under the requested designation will comply with the provisions and requirements of the 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 properties as a multiple-family townhouse development, which is permitted under the requested RM zoning district and is compatible with the proposed MD FlUM designation. At this time no issues have been identified which would prohibit compliance with the requirements of the RM zoning district. Buffering particularly with respect to the adjacent single family area to the south will be required. Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 7 1.,,"<':""'.' >.....;~... ,. .'";ANNEXATIQN .ANALYSIS. : '. ,':;',r.:..;'.~ I Florida Statues Governina Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. . The property is contiguous with the City and reasonably compact. With regard to creation of an enclave, in order to access the property one must first travel through the City. Thus, the total 4.85 acres is currently an enclave. This action will eliminate this enclave which is consistent with Florida Statutes. Land Development Reaulations Governing Annexations: Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY 'S COMPREHENSIVE PLAN: Desianated annexation area: The territory to be annexed is located within the designated annexation area "D" located on the west side of Military Trail south of Atlantic Avenue. Annexation of the subject territory is consistent with the Future land Use Element Policy B- 3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: Future land Use Element B-3.1 states that when annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City. What follows is a discussion of required services and the manner in which they will be provided. Police: The subject property is currently served by the Palm Beach County Sheriff's Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff Patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the day and 15 cars during the night; and as a consequence, response time is significantly improved upon annexation. Annexation will not require additional manpower . Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 8 since the police currently pass the property during routine patrolling to the north, west and east of the property. Fire and Emeraencv Services: The municipal area is served by Fire Station No. 4 (Barwick Road and lake Ida Road). With annexation, the property will receive an improved response time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire Station #4 located at Barwick and lake Ida Road or Fire Station #5 located on Germantown Road). Water and Sewer: City services regarding water, sewer, schools, parks and recreation have previously been discussed under Future land Use Analysis section of this report. Streets: Access to the property is currently from Atlantic Avenue through the Points West Plaza to the north which connects through a private access tract and cross access easements which run through and behind an existing shopping center. The applicant has indicated that upon approval of the annexation, the subject property will be combined with the proposed Gramercy Square Townhouse development to the east and a site plan application will be submitted for expansion of the approved town house development. Thereafter, the subject property will have direct access from Military Trail which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and associated road maintenance will not change upon annexation. A revised traffic study for the subject property will have to be submitted. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Traffic Performance Standards in Article 12 of the Palm Beach County land Development Code will be required. Based upon the above a positive finding with respect to traffic concurrency can be made. Financial Impacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: L'~J_?~:~;;i~~~~"'.~..'. . :.~<:..c~::/;;~:~~;~~_~...: ~ '~'~~::.~. ~:,:' ~;;~~L~~:~~~~~~~"':"';;:?' l~~~~<~';d~~:.~,'<;~L~ "'~:j 5090 $17,225.00 $336.00 $234.00 570.00 19.50653 23.718094 $408.54 $181.44 $589.98 $19.98 5100 $35.706.00 $696 00 $234.00 930.00 19.49252 23.718094 $846.88 $181.44 $1,028.32 $98.32 5101 $5,765.00 $112.00 $469.00 581.00 19.42758 23.718094 $136.73 $181.44 $318.17 -$262.83 5110 $83,592.00 $1,630.00 $33.00 1,663.00 19.49947 23.718094 $1,982.64 $33.00 $2,015.64 $352.64 5120 $83,592.00 $1,630.00 $33.00 1,663.00 19.49947 23.718094 $1,982.64 $33.00 $2,015.64 $352.64 5130 $83,592.00 $1,630.00 $33.00 1,663.00 19.49947 23.718094 $1,982.64 $33 00 $2,015.64 $352.64 TOTAL $309,472.00 $6,034.00 $1,036.00 $7,070.00 19.49773 23.718094 $7,340.09 $643.32 $7,983.41 $913.41 For the 2005 tax year the subject property (six parcels) had a combined assessed value of $309,472. With the change from County to City jurisdiction, the following taxes and rates will be affected: Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 9 ~-, ~~\~;-,:~:~)-~'~- --- -,.~:~:~;:~-~-- -'::-?~~~ ~i~ -" ";-~_~~ ,';j' ~::"'~'1~~ ; -'~~;~=-1 ~~~~=,__>~_~"",,~~____,~~_~~~l!~>_,,,~ Fire/Rescue MSTU 989.99 3.198965 DELETE 0.00 0,00 Palm Beach County lib. 167.19 0.540243 DELETE 0.00 0.00 Palm Beach Co.lib.Debt 12.51 0.040424 DELETE 0.00 0.00 Florida Inland Navegation 11.91 0.038485 11.91 0.038485 Health Care District 340.42 1.100003 340.42 1.100003 Children Service Council 213.61 0.690240 213.61 0.690240 Palm Beach County 1,392.61 4.499955 1,392.61 4.499955 Palm Beach County Debt 82.85 0.267714 82.85 0.267714 Public Schools Debt Servo 84.78 0.273950 84.78 0.273950 Public Schools Loc.Board 802.15 2.591995 802.15 2.591995 Public Schools State Law 1,722.51 5.565964 1,722.51 5.565964 SFWMD District 184.74 0.596952 184.74 0.596952 SFWMD Everalades Const. 28.73 0.092836 28.73 0.092836 City of Delray Beach 7.466100 Added (City) $2,310.55 7.466100 City of Delray Beach Debt 0.533900 Added (City) $165.23 0.533900 '. -"y '; =::'~SOB'EtOl'Af '.;014.- ,;~->'i~tl~u~ Diffenli1cO~ ~!mj ~~b'tr8~9l 4.22037 * Total tax millage in the county is 19.50653 mills while in the city the total millage is 23.718094 mills. Therefore the difference is 4.22037 mills. The current yearly ad valorem taxes are $6,034. With annexation the yearly ad valorem taxes will be $7,340.09, (6,034+1,306.09=7,340.09); an advalorem tax difference of $1,306.09 (309,472x4.22037/1 000=1,306.09). It is noted that with the non-advalorem reduction upon entering the city the net difference is reduced to $913.41 per year. In addition to property taxes, the following Non Ad Valorem financial responsibility will apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. If the property is developed as a multiple family complex or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. A 25% discount from the assessment is available since the property is within the lake Worth Drainage District. An additional 25% may be available if drainage is retained on site. As the property is currently vacant, this assessment is not immediately imposed. With the submittal of a future site plan, the storm water utility tax will be assessed. Solid Waste Authority - The Military Trail annexation areas are serviced under a new contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) " if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the waste provider is currently the same this annexation will have no impact. ---- Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 10 Resultina Impacts to Property Owners: (~--~--'~~.:~ ~~~-~ ~~~_-.~~~r ~-::~~~::~:::~~_~ ~c~2~~~{~J:~i::-~:~~~~1:~~ __ ~~ ~ ~ '_~.- _~.= AD VALOREM TAXES 2005 + $1,306.09 City Mills. County Mills 23.718094 - 19.49773 = 4.22037 NON AD VALOREM CITY TAXES 2005 $643.32 NON AD VALOREM COUNTY TAXES 2005 $1,036.00 DIFFERENCE -$392.68 ANNUAL FINANCIAL IMPACT: + $913.41 Fire Response + Faster response from an estimated 5.5 minutes Coun to 2.5 minutes Ci Emergency Medical + Faster response from an estimated 5.5 Services EMS minutes Coun to 2.5 minutes Ci Police + Better response based upon more officers in field; 14 patron cars per shift daytime, 15 atroll cars durin the n' ht. Code Enforcement + Pro-active vs reactive opportunity to work with ro e owners. Fiscal Impacts to the City: At the 2004/2005 City operating milage of 7.46617mills and debt rate of 0.5339 mills, the property will generate approximately $1,306.09 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. The annexation of the property to accommodate a town house development will create an additional impact on park and recreational facilities. The proposed RM-8 zoning district will allow a maximum of 39 dwelling units:. Pursuant to land Development Regulations (lDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit ($19,500 total) will be collected prior to issuance of a building permit for each unit. ~~'f~- _~_~_ __~~ ""'-""""",-~~-~-- ~ -- -,-...:: ~ --.., -~-~ _-n;_ -----" L.,.~--.=~_~_ _-=-"- ~~L~ L~~i::~ ~ ~~~ _ ~l~ ~-_<;;~ ~ *_ _ _'JJ=_~_~_ _..._~-~ AD VALOREM TAXES 2005 City of Delray Beach (7.4661 Mills) $2,310.55 City of Delray Beach Debt (0.5339 Mills) $165.23 SUB-TOTAL $2,475.78 NON-AD VALOREM TAXES Stonn Water Utility ($54 per unit) $2,106.00 SUB-TOTAL $4,581.78 PARK AND RECREATION IMPACT FEE Future 39 units townhouse development, $500 per unit $19,500.00 TOTAL $24,081.78 Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy 11- Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 11 , I...... I y'\('~ '.. ':., I .~t.. ~ I " 'II~~ .... I'" ':~GN.I.~~C)~~'Y$I$;:: \;..; ~*;;':'.,.' ,. . ...~! ," '..~ '.','.',- ~ . . Future land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the lDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. The proposed City zoning designation is RM-8 (Medium Density Residential 8 du/ac) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: City RM-8 to the west; City RM-8 to the east; City PC (Planned Commercial) to the north; and County RS (Single' Family l3esidential) to the south. COMPREHENSIVE PlAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Housina Element Policv A-3.2 - The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This policy relates to areas which are designated stable residential on the Residential Neighborhood Categorization Map. The following table identifies the neighboring residential developments and their respective densities: Develo ment Densi Count Club Acres 3.5 du/ac Gramercy Square 8.0 du/ac The Hamlet 1.0 du/ac Legacy at Sherwood 7.93 du/ac Forest Coconut Key 8.0 du/ac Sherwood Forest 4.5 du/ac The table indicates that the surrounding single family developments are less than 4.5 dwelling units per acre. The legacy at Sherwood Forest and the proposed Gramercy townhouse developments are the most recently approved multiple family projects which have a density of 8 dwelling units per acre. Therefore, a rezoning of the subject property with a maximum density cap of 8 (RM-8) would be consistent with direction given in Housing Element Policy A- 3.2 and in harmony with the development pattern in the area. Future land Use Element Policv A-1.5 - As the City has an ample supply of housing designed to accommodate its seasonal and retirement population, new residential developments shall be designed for a balanced demographic mix of permanent year- Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 12 round residents. This shall be accomplished through the implementation of policies from Objective B-2 of the housing element. Housina Element Policv 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 developments located in the downtown area, and for infill projects having fewer than 25 units. The implementation of these two policies will be addressed during the site plan review process. REQUIRED FINDINGS: (Chapter 3) Previously discussed under land Use section of this report COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings 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. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future land Use Map Amendment analysis section of this report. Section 3.2.2 (Standards for RezoninQ Actions): standard "B", "C", and "E" are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: A) The most restrictive residential zoning district that is applicable given existing patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject properties, as well as properties to the west (Coconut Key Townhouses) and to the south (Country Club Acres) are noted as Stabilization area on the Neighborhood Categorization Map. The rezoning is required with the annexation request. The proposed RM-8 (Residential Medium Density 8 du/ac) zoning designation is consistent with the prevailing land use pattems. 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. . Planning and Zoning Board Meeting of 08/15105: Staff Report Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 13 As previously noted the requested zoning will result in development that is compatible with adjacent development. Section 2.4.5 (0) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to 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 change 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 applicant is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designation be applied. The RM-8 is appropriate and consistent with adjacent development. ~ .. . 'REViEW!B~~tR~~~'~:\<;\~;"~W':. .,";e;. :'(.~~:!I:"'~' ., ;-...... j..'I r,;.... ........~"H.._ ~.....l..:..\.. .f': ~~ '," ....:::.. '1..-:i..'I.;::""" ~~? The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On July 20,2005, the Palm Beach County Planning Division was notified of the City's intent to annex this property. Response has not been received to this date. Lake Worth Drainaae_ District: On July 20, 2005, lake Worth Drainage District was notified of the City's intent to annex this property. Response has not been received to this date. IPARC Notice: Notice of the Future land Use Amendment has also been provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Carolyn Zimmerman, President Council o Herbert levine, Hamlet Residents Association o Jerry Franciosa. PROD (Progressive Residents of Delray) Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 14 o Fred and Sandy Beaumont, Country Club Acres HOA Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. -",~'" '1S;~,.. ' ," :. ~ ASSESME~t ANi:f({ONC[USION:. . , . "I ~ ;'" _ ~~,.:'" ~~I :: -ie' -~-;lr - . ""_......"..~~_-. . I' ..." " . Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and service area. The City's MD land Use Map Designation is consistent with the County's HR-8 designation in that Medium Density Residential is allowed. The application of an initial zoning designation of RM-8 is compatible with the surrounding development pattern and is consistent with the proposed FlUM designation, and with the zoning category assigned for the property to the east and west. The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The property will experience a slight increase in ad valorem taxes. Upon development of the property for residential purposes, storm water assessment fees will also be imposed. The City will receive additional revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $2,475.78, a year. If the annexation is approved, it is anticipated that a site and development plan will be submitted. Compatibility of any specific development proposal with the adjacent developments will be required at that time. Based upon the above, the proposed Annexation, Future land Use Map Amendment and associated Rezoning application should be approved. I ~2~-~;;~t~~. ;~~~~~: .. - AL TERNATIYE 'ActiONS "..... '.,..\...., -:1 T " ....- . "-,,~::'- . .. . . .,' .".'~-.<'~ A. Continue with direction. B. Move a recommendation of approval to the City Commission for the voluntary annexation, FlUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and the initial zoning designation of RM-8 (Medium Density Residential 8 dulac) 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 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 voluntary annexation, FlUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and the initial zoning designation of RM-8 (Medium Density Residential 10 dulac) 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, 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. Planning and Zoning Board Meeting of 08/15/05: Staff Report Gramercy II - Annexation with Initial Zoning of RM-8 and Small-Scale FLUM Amendment Page 15 ~:{~~:(..~:. ::~-I~~ ~. I ~ . . '. .." RE~oM~E~D~D'~C.Tltim~~~..~i\'~::!(.:~i:~: ,.i~ ,. . Move a recommendation of approval to the City Commission for the voluntary annexation, FlUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and the initial zoning designation of RM-8 (Medium Density Residential RM - 8 dulac) for the subject property, 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 does meet 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: Este/io Breto, Senior Planner ORDINANCE NO. 65-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED 710 FEET SOUTH OF WEST ATLANTIC A VENUE AND 620 FEET WEST OF MILITARY TRAIL, AS MORE P ARTICULARL Y DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIP AL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/ AC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM- 8 (MEDIUM DENSITY RESIDENTIAL-8 UNITS PER ACRE) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Carman & Mindy Leon and CS Capital LLC are the fee simple owners of a 4.849 acres parcel ofland located 710 feet south of West Atlantic Avenue and 620 feet West of Military Trail; and WHEREAS, Carman & Mindy Leon and CS Capital LLC have requested by voluntary petition to have the subject property annexed into the municipal limits ofthe City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of HR-8 (High Residential-8 du/acre); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/acre); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of August 15, 2005, and voted 5 to 0 to recommend that the requests be approved with an initial zoning of RM-8 (Medium Density Residential-8 units per acre), based upon positive findings; and WHEREAS, pursuant to Florida Statute 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The North one-fifth (N 1/5) of the East one-half (E Yz) of the Southwest one-quarter (SW 1/4 ) of the Southeast one-quarter (SE 1,.4 ), of Section 14, TownshIP 46 South, Range 42 East, less the East 30 feet for road nght-of-way. Together WIth The West 150 feet of the following described parcel: the South one-half (S Y2) of the North two-fifths (N 2/5) of the East half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, and an easement for ingress and egress over the South 20 feet of the following described parcel: The South one-half (S Yz ) of 2 ORD NO. 65-05 --- ------ the North two-fifths N (2/5) of the East one-half (E Yi ) of the Southwest one-quarter (SW Y4) of the Southeast one-quarter (SE Y4) of the Southeast one-quarter (SE Y4), less the East 30 feet for road right- of-way. Together With The South one third (S 1/3) of the North three-fifths(N 3/5) of the East one-half(E Yi) of the Southwest quarter of the Southeast quarter of the Southeast quarter, less the East 30 feet thereof for right-of-way, of Section 14, TownshIp 46 South, Range 42 East, Palm Beach County, Flonda Together With The South one-half (S Yi) of the North two fifths (N 2/5) of the East one-half (E Yi ) of the Southwest one-quarter (SW Y4) of the Southeast one-quarter (SE Y4) of the Southeast one-quarter (SE Y4) ofSectlon 14, TownshIp 46 South, Range 42 East, Palm Beach County, Flonda; less the East 30 feet for road nght- of-way and less the West 150.00 feet of the above described parcel Together With The South Y4 of the North 4/5 of the East Yi of the Southwest quarter of the Southeast quarter, of the Southeast quarter, less the East 30 feet thereof for the right-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida Together WIth The South 1/5 of the East Yi of the Southwest Y4 of the Southeast Y4, less the East 30 feet thereof for nght-of-way, of Section 14, Township 46 South, Range 42 East, Palm Beach County, Flonda. The subject property is located 710 feet south of West Atlantic Avenue and 620 feet West of Military Trail. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. 3 ORD NO. 65-05 Section 6. That the Future Land Use Map designation of the subject property is hereby officially affixed as MD (Medium Density Residential 5-12 dulacre). Section 7. 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 8. That Chapter Two of the Land Development Regulations has been followed in establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential-8 units per acre) as defined by existing ordinances of the City of Delray Beach. Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. 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 11. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, 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 of a 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_ ATTEST MAYOR City Clerk 4 ORD NO. 65-05 -- First Reading Second Reading 5 ORD NO. 65-05 --------- MEMORANDUM TO: ]'viA YOR AND CIlY COMMISSIONERS FROM: CIlY MANAGER 2/1'1 SUBJECT: AGENDA ITEM # \ Q...~ REGULAR MEETING OF SEPTEMBER 6. 2005 ORDINANCE NO. 70-05 (AMENDING CHAPTER 52 "WATER") DATE: SEPTEMBER 2, 2005 This ordinance is before the City Commission to amend Chapter 52 "Water" of the Code of Ordinances by modifying Section 52.34, ''Water Rates" (Subsecnon 52.34(B) to provide for a seven percent (7%) rate increase for resIdential, nonresidennal, and irriganon for FY 2006. These new rates would go into effect on October 1,2005. Any recommended amendments to the rate increase will be reflected in the 2nd reading of Ordinance 70-05. Recommend approval of Ordinance No. 70-05 on first reading. If passed, a public hearing will be scheduled for September 20, 2005. S \Clty Clerk\AGENDA COVER ~IEMOS\Ordmance Agenda Memos\Ord 70-05 WaterIncrease 09 06 05 doc -----~ ORDINANCE NO. 70-05 AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y 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 2006; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CL-\USE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, 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 Dekay Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fIxed as shown in the following schedule: Type of Customer Residential Inside City Outside City Customer charge (per meter) ~ 1.64 -h94 2.05 Capacity charge (charged to all ~ 9.82 -H-:48 12.28 customers, per residential dwelling unit) Residential Inside City Outside City Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons -hUt 1.35 ~ 1.69 4,000 to 20,000 gallons ~ 1.49 ~ 1.86 21,000 to 35,000 gallons ~ 1.64 +:98 2.05 36,000 to 50,000 gallons -h66 1.78 ~ 2.23 Above 50,000 gallons +:.w 2.03 ~ 2.54 Nonresidential and Irrigation Customer charge (per meter) ~ 1.64 -h9+ 2.05 Capacity charge (based upon meter size): 3/4-inch meter 9:+8 9.82 H-:48 12.28 l-inch meter ~ 16.38 +944- 20.48 1-1/2-inch meter ~ 32.69 ~ 40.86 2-inch meter 4&9-1- 52.33 6-h-14 65.41 3-mch meter 107.06 114.55 133.82 143.19 4-inch meter 192.67 206.16 240.83 257.70 6-inch meter 128.17 458.14 535.21 572.68 8-inch meter 733.92 785.29 917.10 981.61 lO-inch meter 1,162.08 1243.43 1,152.59 1554.29 Commodity charge (all metered consumption-per 1,000 gallons) ~ 1.49 ~ 1.86 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 mvalid, 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, 2005. 2 ORD. NO. 70-05 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2005. MAYOR A TrEST: City Clerk First Reading Second Reading 3 ORD. NO. 70-05 MEMORANDUM TO: M.i\ YOR AND CITY COMMISSIONERS Ifr/l FROM: CITY J'vfANAGER [c : SUBJECT: AGENDA ITEM # \ d.C- REGULAR MEETING OF SEPTEMBER 6, 2005 ORDINANCE NO. 72-05 (AMENDING CHAPTER 53 "SANITARY SEWERS") DATE: SEPTEMBER 2, 2005 This orchnance is before CommisslOn for first reading to amend Chapter 53 "Sanitary Sewers", of the Code of Ordinances by mollifying Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for a seven percent (7%) sewer rate lOcrease for residennal and nonresidential/commercial for FY 2006. These new rates go lOto effect on October 1, 2005. Any recommended amendments to the rate increase will be reflected in the 2nd reading of Ordinance No. 72-05. Recommend approval of Ordinance No. 72-05 on first reading. If passed, a pubhc hearing will be scheduled for September 20, 2005. S \Clty Clerk\AGENDA COVER ME:\iIOS\Ordmance Agenda Memos\Ord 72-05 Sewer 09 06 05 doc -------~~-- ORDINANCE NO. 72-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y 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 2006; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of sewer serv1ces on a prorated bas1s. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide 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, 1S 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 sarutary sewage service 1S available through the facilities afforded by the muruc1pally-owned sewerage system, according to the following schedule: Residential Inside City Outside City (a) Capacity charge (per residential dwelling unit): ~ 12.66 +4:+9 15.83 (b) Commodity charge (based on metered water with maxunum of 12,000 gallons): +:44- 1.54 +:8G 1.93 (c) South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) ~ 0.93 -t-:G8 1.16 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 units. A monthly sanitary sewer service charge is imposed upon each commerclal and nonresidential unit to which sanitary sewage service is ava1lable through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: 2 ORD. NO. 72-05 Nonresidential/ Commercial Inside City Outside City (a) Capacity charge (per meter): 3/4- inch meter ~ 12.66 M:+9 15.83 1-mch meter ~ 21.12 ~ 26.40 1-1/2 inch meter ~ 42.08 49,-H 52.60 2-inch meter 62-:-% 67.36 +&-69 84.20 3-inch meter 137.83 147.48 172.29 184.35 4-mch meter 218.01 265.37 310.01 331.71 6-inch meter 551.20 589.78 689.00 737.23 8-inch meter 915.65 1011.85 1,182.06 1264.81 lO-inch meter 1,197.32 1602.13 1,871.65 2002.66 (b) Commodity charge: -t-M 1.54 -h8G 1.93 City per 1,000 gallons) (c) South Central Regional ~ 0.93 -hG8 1.16 Wastewater Treatment and Disposal Board (per 1,000 gallons) 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 service is available the capacity charge will be set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. (3) Sewerage flow determination. The number of gallons of monthly sewerage flow for res1dential and nonresidential! commercial uruts shall be based upon the water usage for those uruts 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 1S constructed, certifIed for use by the consulting engineer, and accepted by the City. 3 ORD. NO. 72-05 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 Jurischction to be invalid, such decision shall not affect the vahdity 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, 2005. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2005. MAYOR A TrEST: Acting City Clerk First Reading Second Reading 4 ORD. NO. 72-05 MEMORANDUM TO: J\1A YOR AND CITY COMMISSIONERS &11 FROM: CITY 1\1ANAGER, v ( SUBJECT: AGENDA ITEM # \ ~O - REGULAR MEETING OF SEPTEMBER 6.2005 ORDINANCE NO. 71-05 (AMENDING CHAPTER 51 "GARBAGE AND TRASH") DATE: SEPTEMBER 2, 2005 This ordmance is before Comrmssion 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 commerclal container fees are being amended. Waste collection charges are bemg mcreased by 3.0%. These rates go into effect October 1,2005. Recommend approval of Ordinance No. 71-05 on first reading. If passed, a public hearing will be scheduled for September 20, 2005. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 71-05 Garbagelncrease.09.06-05.doc ORDINANCE NO. 71-05 AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITI OF DELRA Y BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2006; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLo\USE, 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 CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tlde V, "Pubhc Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following semce charges or fees are levied for collection service: Charges for the below-descnbed collection semce shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall contlnue monthly thereafter unless service is cliscontlnued in accordance '\V1.th Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts FY05 FY06 Monthly Service Cost Per Unit Garbage Collection $ ~ 2.89 Recycling ~ 1.58 Yard Trash +B6 2.02 Total Fees - Contractor $ ~ 6.49 Cart Replacement G:9G 0.90 Administrative Fee M5 0.35 Franchise Fees (5%) ~ 0.33 Total Fees $ '1.8+ 8.07 Rear-door Owner Container Monthly Service Cost Per Unit Garbage Collection $~ 9.19 Recycling ~ 1.58 Yard Trash -h% 2.02 Total Fees - Contractor $ ~ 12.79 Adrrunistrative Fee M5 0.35 Franchise Fee (5%) ~ 0.64 Total Fees $~13.78 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $ -h8+ 1.86 Recycling ~ 1.58 Yard Trash -h% 2.02 Total Fees - Contractor $ ~ 5.46 Administrative Fee M5 0.35 Francluse Fee (5%) ~ 0.27 Total Fees $ &92 6.08 2 Ordinance No. 71-05 (B) Multi-Family Service Multtple-farmly dwelling units containing five (5) units or more shall use contamers 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-farmly 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 all subsequent collections shall be charged by the Contractor at the commercial collection rate only. Collection & Hauling Rate Per Unit FY05 FY06 Monthly Service Monthly Cost Per Unit Refuse Collection ~ $2.18 Recycling {};9G 0.93 Total Per Unit Fee-Contractor ~ $3.11 Adrrunistrative Fee ~ 0.35 Franchise Fee (5%) ~ 0.15 Total Monthly Fees Per Unit ~ $3.61 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or mulh-family customers. Commercial customers may use any of the followillg containers for accumulatton 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 ill 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 lts contractor. (3) Containers emptied by mechanical means shall be provlded 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. 3 Ordmance No. 71-05 ---------~-- (4) Commercial customers needing SL'l: (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 contalners at locatlons agreed to between the CIty or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container SIze Container Pickup Frequency (per Week) 1 2 3 4 5 6 7 ...................................................... . 2 Yard $+1-:W $~ $MM $ #:-99 $ ~ $ 6&-99 8G49 Collectlon 11.85 23.69 35.55 47.37 59.23 71.06 82.90 Disposal Container 16.28 32.56 48.84 65.12 81.40 97.68 113.97 MalOtenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees $ 4f4.8 $.f4M $102.75 $130.51 $158.30 $186.07 213.86 47.53 75.65 103.79 131.89 160.03 188.14 216.27 Franchise Fees (5%) ~ ~ ;.A-4 ~ ~ ~ -t-{}.69. 2.38 3.78 5.19 6.59 8.00 9.41 10.81 Total Fees $ 49M- ~ 107.89 137.01 166.22 195.37 221.55 $ 49.91 79.43 108.98 138.48 168.03 197.55 227.08 -- 3 Yard Collectlon ~ MM 5-h14 6&-99 ~ 103.50 ~ 17.77 35.72 53.29 71.06 88.83 106.61 124.35 Disposal Container 24.42 48.84 73.26 97.68 122.11 146.53 170.95 Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Total Contractor Fees $~ 101.79 116.11 188.11 229. 79 271.17 313.12 $ 63.63 106.00 147.99 190.18 232.38 274.58 316.74 4 Ordinance No. 71-05 Franchise Fees (5%) ~ ~ ~ 9M H-:49 ~ ~ 3.18 5.30 7.40 9.51 11.62 13.73 15.84 Total Fees $66E 110.03 153.76 197.52 2 H .28 285.04 328. 78 $ 66.81 111.30 155.39 199.69 244.00 288.31 332.58 4 Yard Collection $~ 4.S-,.9-9 68:-99 ~ 114.99 137.98 160.98 23.69 47.37 71.06 94.76 118.44 142.12 165.81 Disposal Container 32.56 65.12 97.68 130.25 162.81 195.37 227.93 Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Total Contractor Fees $:;'::;"";::;' 133.32 188.88 244.46 300.01 355.56 H 1.12 78.46 134.70 190.95 247.22 303.46 359.70 415.95 Franchise Fees (5%) ~ 6-:(;f. 9M- ~ ~ ++;78 ~ 3.92 6.74 9.55 12.36 15.17 17.99 20.80 Total Fees $ &1-:66 139.99 198.32 256.68 315.01 373.34 431.68 $ 82.38 141.44 200.50 259.58 318.63 377.69 436.75 6 Yard Collection $~ 68:-99 103.50 137.98 172. 4 9 206.98 241.48 35.72 71.06 106.61 142.12 177.66 213.19 248.72 Disposal Container 48.84 97.68 146.53 195.37 244.21 293.05 341.90 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 10.09 194.27 278.67 363.02 447.40 531.77 616.15 Franchise Fees (5%) M4- 9:6+ ~ -H,-14 ~ ~ --WA-; 5.50 9.71 13.93 18.15 22.37 26.59 30.81 Total Fees $ 111.32 201.81 289.3 4 376.82 464.34 551.84 639.36 $115.59 203.98 292.60 381.17 469.77 558.36 646.96 5 Ordmance No. 71-05 8 Yard Collection $ #:99 $~ 137.98 183.98 229.97 275.97 321.96 47.37 94.76 142.12 189.50 236.87 284.25 331.62 Disposal Container 65.12 130.25 195.37 260.49 325.62 390.74 455.86 Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Total Contractor Fees $ 138.20 249.34 360.44 471.56 582.68 693.80 804.91 139.58 252.10 364.58 477.08 589.58 702.08 814.57 Franchise Fees (5%) 6-:9+ ~ ~ ~ ~ M,69 ~ 6.98 12.61 18.23 23.85 29.48 35.10 40.73 Total Fee $ 14&:H 261.81 378.46 495.14 611.81 728.49 845.16 $ 146.56 264.71 382.81 500.93 619.06 737.18 855.30 6 Ordinance No. 71-05 Commercial Front-Load Compacting Containers 1 2 3 4 2 Yard Collection $+h94 18.48 Dlsposal 61.08 Total Contractor Fee ~ 79.56 Franchise Fee (5%) ~ 3.98 Total Fees $~ $83.54 3 Yard Collection $~ 55.43 Disposal 183.19 Total Contractor Fee 237.01 238.62 Franchise Fee (5%) ~ 11.93 Total Fees $ 248.86 $ 250.55 7 Ordinance No. 71-05 5 Yard Collection $4+84- $131.51 46.19 138.58 Disposal 152.62 457.91 Total Contractor Fees 197.16 592.15 198.81 596.49 Franchise Fees (5%) 9-:8=t ~ 9.94 29.82 Total Fees $ 207.33 $ 622.07 $ 208.75 $ 626.31 - 6 Yard Collection $215.25 221.71 Disposal 732.64 Total Contractor Fees 917.89 954.35 Franchise Fees (5%) ~ 47.72 Total Fees $~ $ 1002.07 Commercial/Multi-Family Rolloff Containers: Open-top rolloff container $98:-+9 101.75 per pickup plus disposal cost Compactors $9&-+9-101. 7 5 per pIckup plus chsposal cost; PLUS monthly conta1l1er 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. 8 Ordinance No. 71-05 ---------- - Commercial 95-Gallon Cart Service Pickups Per Week Collection Disposal Container Monthly Charge Fr. Fees Total Fees 1 $ ~ 2.89 $ 8.14 $2.00 $ ~ 13.03 $ ~ 0.65 $ ~ 13.68 2 ~5.81 16.28 2.00 23.92 24.09 ~ 1.20 ~ 25.29 2 &4; 8.70 24.42 2.00 ~ 35.12 -h14 1.76 36M 36.88 1 ~ 11.59 32.56 2.00 ~ 46.15 H9 2.31 48:-W 48.46 .2 -l-4:G8 14.50 40.70 2.00 ~ 57.20 ~ 2.86 ~ 60.06 Q ~ 17.12 48.84 2.00 6+:46 67.96 H+ 3.40 ~ 71.36 NOTE: The foregomg rates are based on $28.00 per ton ($1.88 per cubic yard), which is the anticipated Solid Waste Authority npping fee to be effective October 1, ~ 2005. Section 2. That all ordinances or parts of ordmances in confhct 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 jurisdtctlon to be invahd, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invahd. Section 4. That this ordmance shall become effective on October 1, 2005. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2005 MAYOR A ITEST: City Clerk First Reading Second Reading 9 Ordmance No. 71-05 MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER tyfi'1 SUBJECT: AGENDA ITEM # \ ~E- REGULAR MEETING OF SEPTEMBER 6, 2005 ORDINANCE NO. 69-05 (EMERGENCY MEDICAL TRANSPORTATION FEES) DATE: SEPTEMBER 2, 2005 This ordinance is before Commission for first reading to amend Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. The following service changes or fees are levied for the provision of emergency transportation: (1) Advanced Life Support (ALS-l) Transport fee $420.00 $433.00 (2) Advanced Life Support (ALS-2) $530.00 $546.00 Transport fee (3) Skilled Care Transport fee $585.00 $620.00 (4) Basic Life Support (BLS) Transportation fee $400.00 $412.00 (5) Mileage fee $8.15/mile Recommend approval of Ordinance No. 69-05 on fIrst reading. If passed, a public hearing will be scheduled for September 20, 2005. S.\Clly Clerk\agenda memos\Ord 69-05 Emergency Transport Fees 090605 [ITY DF DELRAY BEA[H FIRE-RESCUE DEPARTMENT SERVING DELRAY BEl\CH . GULF STREAM . HIGHLAND BEACH DELRAY BEACH F LOR I 0 " ...... All-America City , III I! MEMORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: August 16, 2005 SUBJECT: E.M.S. Transport Fees Emergency medical service transport fees covered by re-imbursement through Medicare are being "standardized" on a National basis. Total implementation of a National Ambulance Service Fee Schedule should be completed in 2006. Accordingly, we are recommending fee adjustments that are consistent with the Medicare "presumed" fee schedule and it is important that we keep our fees updated as we progress toward 2006. The attached recommended adjustments reflect the overall area average. We request that this item be placed on the September 6, 2005 agenda, with an effective date of October 1,2005, if approved by the City Commission. \{~ fs.<-- . Kerry B. Koen Fire Chief FIRE-RESCUE DEPARTMENT HEADQUARTERS. 501 WEST ATLANTIC AVENUE. DELRAY BEACH. FLORIDA 33444 (561) 243-7400. FAX (516) 243-7461 Pr'flled on Recycled Paoer Skilled BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage A0429 A0427 A0433 A0434 Boynton Beach $325.00 $400.00 $500.00 $8.00 Boca - 10/1105 $512.66 $512.66 $661.50 $689.06 $9.38 Palm Beach Co. $395.00 $395.00 $495.00 $7.95 Deerfield Beach $500.00 $500.00 $600.00 NA $9.00 West Palm Beach $390.00 $390.00 $540.00 $640.00 $8.00 Delray Beach $400.00 $420.00 $530.00 $585.00 $8.15 AVERAGE $403.04 $418.87 $533.33 $585.42 $8.13 Current Fees $400.00 $420 00 $530.00 $585.00 $8.15 RECOMMENDATED FEES $412.00 $433.00 $546.00 $620.00 $8.15 Change $12.00 $13.00 $16.00 $35.00 $0.00 Percentage change 3.00% 3.10% 3.02% 5.98% 0.00% Medicare current Fees $294.49 $349.70 $506.15 $598.18 $5.90 ORDINANCE NO.~-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, on January 17,1995, the City Commission adopted Ordinance No. 5-95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation; and WHEREAS, in accordance with the implementation of the National Ambulance Fee Schedule a new schedule is hereby established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. That Title IX, "General Regulations", Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (A) The following service charges or fees are levied for the provision of emergency medical transportation: (1 ) Advanced Life Support (ALS-1) Transport Fee $420.00 $433.00 (2) Advanced Life Support (ALS-2) Transport Fee $530.00 $546.00 (3) Skilled Case Transport Fee $585.00 $620.00 (4) Basic Life Support (BLS) Transportation Fee $400.00 $412.00 (5) Milage Fee $8.15/mile 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 on October 1, 2005 so long as it is approved on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. NO. Date: August 19.2005 AGENDA ITEM NUMBER: '\ a. t:: AGENDA REOUEST Request to be placed on: _ Consent Agenda X Regular Agenda _ Workshop Agenda _ SpeCial Agenda When: September 6. 2005 Description of agenda item (who, what, where, how much): Consideration of an ordmance amendmg Chapter 96 to mollify fees charged by the City of Delta)' Beach for emergency medical transportation serVices prOVided by the Fire-Rescue Department. Recommendation: APPROVE THE ORDINANCE. Department Head Signature: V~~l . City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes/No lrutials: Account Number Descnption Account Balance: Fundmg Alternatives: (if apphcable) City Manager Review: Approved for Agenda:@ / No lrutials: ~ Hold Until: Agenda Coordinator Review: Recelved: . 01< . ~ [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 2(;(1 '\JW hI AVE''lE. DELRAY BEACH. FLORIDA :",,:1--+-+ I! IXPflO,\[ ~hl :2-+.~-!OC)(). r".CSI\IlLE 'i6Ii::'7~--1-755 DELRAY BEACH Writer's Direct Line. 561/243-7091 f l r' It I 0 ... Dad All-America City , III I! DATE: MEMORANDUM August 11, 2005 1993 TO: City Commission 2001 David Harden, City Manager FROM: Terrill C. Barton, Assistant City Attorney /.1CG SUBJECT: Reclaimed Water Ordinance No. 67-05 Attached please find an ordinance clarifying the definitions of Reclaimed Water Distribution System vs. Reclaimed Water Transmission System and changing the wholesale customer rate from $.24 to $.25. Please place this ordinance on the September 6, 2005 City Commission agenda and call if you have any questions. Thank you. TCB:smk Attachment cc: Janet Whipple, Acting City Clerk \~F ORDINANCE NO. 67-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED WATER", TO PROVIDE FOR CLARIFICATION REGARDING THE DEFINITION OF RECLAIMED WATER DISTRIBUTION SYSTEM AND RECLAIMED WATER TRANSMISSION SYSTEM AND INCREASING THE WHOLESALE CUSTOMER RATE TO $.25; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, potable water and groundwater are valuable resources which must be conserved; and WHEREAS, reclaimed water is also a valuable resource which can safely be used for irrigation purposes, thereby substantially contributing to the conservation of groundwater and potable water; and WHEREAS, the City of Delray Beach has determined to establish a reclaimed water system which would make reclaimed water available for irrigation; and WHEREAS, such reclaimed water system serves a valid public purpose in helping to conserve water resources. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, THAT: Section 1. Chapter 59, "Reclaimed Water", Section 59.04, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 59.04. DEFINITIONS. As used in this article, the following words and phrases have the meaning ascribed herein, unless a different meaning is set forth in another section of this Chapter or the context clearly indicates otherwise. Backflow prevention assembly. A backflow prevention assembly shall mean a device and/or method of construction used to prevent backflow into a potable and/or reclaimed water system. The type of assembly used shall be based on the degree of hazard, either existing or potential. City. City of Delray Beach, Florida, a municipal corporation. Cross connection. Any physical arrangement whereby a potable and/or reclaimed water supply is connected, directly or indirectly, with any other system capable of imparting contamination to the potable and/or nonpotable water supply as the result of backflow. Customer. Any person, dwelling unit, agent, property owner, developer, user, company, municipal corporation, political subdivision, homeowners association or other entity which accepts or receives reclaimed water service or benefits directly from services rendered by the department. Department. The City of Delray Beach Environmental Services Department. Development. All projects with non-residential connections and all residential projects including twenty (20) or more dwelling units. Director. The Director of the City of Delray Beach Environmental Services Department or the duly authorized representative. Dwelling unit. A single unit designated or intended for one-family occupancy (a household of one (1) or more persons), including, but not limited to, one (1) single-family house, one- half ( 1/2) of a duplex, one (1) apartment, or one (1) mobile home. Irrigation. The use of water to maintain and enhance the growth of lawns, shrubs, trees, or edible crops as set forth in Chapter 62-610, Florida Administrative Code. USA (Utility Service Area). The area encompassed by the City's Planning Area as shown on the Future Land Use Map in the City's Comprehensive Plan exclusive of the Country Club Acres development lying west of Military Trail. Person. Includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, corporations, and all other groups or combinations. Point of service. The outlet side of the Department's reclaimed water meter box or other point identified on construction plans which ends the Department's ownership, operation and maintenance responsibility. Property owner. One in whom the legal title to real estate is vested as recorded in the public records of the State of Florida. 2 ORD. NO. 67-05 Reclaimed water. Water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility (Florida Administrative Code, Chapter 62-610). Reclaimed water distribution system. A network of pipes, oenerally 8 inch diameter and smaller. alonq with pumping facilities, stor3ge f3cilities, valves, meters, and related appurtenances designed to convey and distribute reclaimed water from one (1) or more 'N3stew3ter tre3tment facilities up Reclaimed Water Transmission System to the Department's side of the point of service. Reclaimed water irrigation system. A network of pipes, pumping facilities, storage facilities, sprinkler heads, and appurtenances on the customer's side of the point of service designed to convey and apply reclaimed water. Reclaimed water transmission system. A network of pipes. oenerally 10 inch diameter and laroer. alonq with pumpino facilities. storaoe facilities. and related appurtenances desioned to convey and transmit reclaimed water from one (1) or more wastewater treatment facilities to the Reclaimed Water Distribution System. Service connections will oenerally not be made to the transmission system. Retail Customer. Any single family residential connection regardless of meter size, and any multi-family residential or non-residential connection requiring a meter size less than two inches. Service. The readiness and ability on the part of department to furnish reclaimed water to the property. Service initiation. The date a reclaimed water meter is installed. Wholesale Customer. Any multi-family residential or non-residential connection requiring a meter size of two inches or larger. Section 2. That Chapter 59, "Reclaimed Water", Section 59.06, "Use of Reclaimed Water within the City of Delray Beach Service Area" is hereby amended to read as follows: Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH SERVICE AREA. A. Reclaimed water service will be made available within the City's Utility Service Area as the transmission system is extended and treatment capacity becomes available. 3 ORD. NO. 67-05 B. Reclaimed water service will be deemed available when Reclaimed Water Distribution System facilities necessary for connection to the customers' irrigation system are activated to the customers' point of service. Easements may be required across private property to accommodate extension of the transmission system to the customers' point of service. In the event that such required easements are not granted by the customer, reclaimed water will be deemed available when facilities are placed in service abutting any point on the customers property line. C. Customers shall have ninety (90) days from the date of notification from the City of service availability to connect irrigation systems to the reclaimed water system with no fees assessed by the City. Customers connecting after that time will be assessed meter installation charges. After the stated 90 day period, customers requiring irrigation water that remain unconnected to the reclaimed water system will be assessed a monthly capacity charge as listed in section 59.09. Upon connection to the reclaimed water system, the capacity charge will cease. D. Connection of an irrigation system to the customer's side of the reclaimed water meter is the responsibility of the customer and shall be performed at the customer's expense. E. Should the customer require reclaimed water of quality or pressure varying from that normally supplied by the City, the customer shall be responsible for any devises necessary to make these adjustments, provided, however, that such devices will require prior approval by the City. Section 3. That Chapter 59, "Reclaimed Water", Section 59.09, "Fees, Rates & Charges", is hereby amended to read as follows: Sec. 59.09. FEES, RATES & CHARGES. A. Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per 1000 gallons in accordance with the following schedule: 1. Retail customer rate $1.00 2. Wholesale customer rate $ 0.24 $ 0.25 B. Meter installation charges, when applicable, shall be as listed in Chapter 52, section 52.32. C. Capacity charge, when applicable, shall be as listed in Chapter 52, Section 52.34(B). 4 ORD. NO. 67-05 Any other combination of services will be at actual cost as determined by the Director. Section 2. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 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 the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the_ day of ,2005. MAYOR ATTEST: City Clerk First Reading Second Reading 5 ORD. NO. 67-05 --- - ----------- -~----