12-13-05 Agenda Reg
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City of Delray Beach
Regular Commission Meeting
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Tuesday. December 13. 2005
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an Individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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 still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet 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.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127, 24 houts prior to the event in order for the City to accommodate YOut
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. NONE
6. PROCLAMATIONS:
. NONE
7. PRESENTATIONS:
. NONE
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL BOUNDARY PLAT APPROVAL/ROYAL ATLANTIC PLAT: Approve
the boundary plat for Royal Atlantic Plat, located on S.E. 1" Avenue, south of Atlantic
Avenue.
B. FINAL SUBDMSION PLAT APPROVAL/COLONY PALMS: Approve the
subdivision plat for Colony Palms (AKA Atlantic Palms), a forty-five (45), fee-simple,
townhouse development, located on the south side of West Atlantic Avenue,
approximately 140 feet east of Whatley Road.
C. RESOLUTION NO. 88-05: Approve Resolution No. 88-05 assessing costs for action
necessary to remove junked and/or abandoned vehicles from four (4) properties
throughout the City.
D. INTERLOCAL AGREEMENT /PALM BEACH COUNTY /ROOTS
CULTURAL FESTIVAL: Approve an Interlocal Agreement with Palm Beach
County which provides that the County will reimburse the City up to $12,500.00 for
expenses incurred by the City for the "Summer Days of Roots-Festival on the Square"
Event held in July/August, 2005.
E. PURCHASE ORDER INCREASE/BOYD STUART BOGGESS: Approve an
increase of $10,350.00 to purchase order #630780, Boyd Stuart Boggess, for the
completion of repairs to the parapet roof enttyway at Fire Station #1. Funding is
available from 334-6112-519-46.10 (General Construction Fund/Renewal &
Replacement/Building Maintenance).
12-13-2005
- 2 -
F. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Ratify the reappointment of Mark Krall as the Planning &
Zoning Board Representative for a two (2) year term ending July 1, 2007.
G. FDOT UTILITY PERMIT & HOT.n HARMLESS AGREEMENT /
LATITUDE: Authorize the City to act as the utility permit applicant for water and
sanitary sewer service connections within the state right-of-way for Latitude, located at
the northwest comer of US 1 and Lindell Boulevard; and approve a hold harmless
agreement with the developer (Savion Holdings, LLC).
H. SERVICE AUTHORIZATION NO. 7/MATHEWS CONSULTING. INC.:
Approve Service Authorization No. 7 to Mathews Consulting, Inc. in the amount of
$41,171.00 for consulting services required for the development of the Temple Park Site
as a neighborhood park. Funding is available from 380-4150-572-63.23 (2004 G.O.
Bond/Neighborhood Parks).
1. AMENDMENT TO LICENSE AGREEMENT / AMERICA'S CITY
ENTERTAINMENT. LLC: Approve an amendment to the License Agreement
with America's City Entertainment, LLC to extend the time period for booking the first
two (2) events to the end of February.
J. INTERLOCAL AGREEMENT /PALM BEACH COUNTY/BARWICK ROAD:
Approve an Interlocal Agreement with Palm Beach County which provides for the
County to reimburse the City $12,500.00 for the installation of approximately 580 lineal
feet of curbing along the west side of Barwick Road. Funding is available from 334-
3162-541-68.02 (General Construction Fund/Barwick Road).
K. CHANGE ORDER NO. 2/FINAL PAYMENT/WESTCHESTER FIRE
INSURANCE COMPANY: Approve Change Order No.2 in the amount of a
$9,027.99 decrease and final payment of $7,820.17 to Westchester Fite Insurance
Company for the completion of the Retention Ponds Project. Funding is available from
448-5470-538-65.58 (Stormwater Utility Fund/S.W. Area Improvements).
L. AGREEMENT /NON-PROFIT ACADEMY/EXECUTIVE SERVICE CORPS
OF SOUTHEAST FLORIDA (ESC): Approve an agreement with Executive Service
Corps of Southeast Florida, Inc. (ESC) in an amount not to exceed $37,500.00 to supply
presenters, equipment, supplies, and coordination of workshop training for the City's
2nd Non-Profit Academy. Funding is available from 001-6311-559-82.21 (General
Fund/Aid to Private Organizations/NRI).
M. INTERLOCAL AGREEMENT /PALM BEACH COUNTY/WEED & SEED
PROJECT: Approve an Interlocal Agreement with Palm Beach County which
provides that the Palm Beach County Criminal Justice Commission will provide
$100,000.00 for "seeding" projects for the City's Weed & Seed Program; and approve
receipt of the funding.
12-13-2005
- 3 -
N. SPECIAL EVENT REOUEST /HOWARD ALAN 17th ANNUAL
DOWNTOWN ART FESTIVAL: Approve a special event request for the 17th
Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on
January 21 and 22, 2006, granting a temporary use permit per LDR Section 2.4.6(H) for
street closure of Atlantic Avenue, east of N.E./S.E. 6th Avenue east to Salina, and
Vittoro's parking lot for vendor parking; authorize staff to apply for the FDOT street
closure permit; authorize staff support for security and traffic control, barricading, and
permit an event sign to be erected on Atlantic Avenue just east of I-95 ten (10) days
prior to the event with the sponsor paying all overtime costs.
O. RESOLUTION NO. 89-05 AND RESOLUTION NO. 90-05: Approve and accept
additional Resolution No. 89-05 and Resolution No. 90-05 in the Countywide Fire
Dispatch case at the recommendation of outside council.
P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 5, 2005 through December 9, 2005.
Q. AWARD OF BIDS AND CONTRACTS:
. NONE
9. REGULAR AGENDA:
A. CONDITIONAL USE REOUEST /SPIN 2 WIN: Consider a request to allow the
establishment of an adult gaming center to be known as Spin 2 Win within the PC
(planned Commercial) zoning district at the Delray Square Plaza (14570 South Military
Trail), pursuant to Land Development Regulations (LDR) Section 2.4.5(E),
"Establishment of a Conditional Use". (Quasi-Judicial Hearing)
B. CONDITIONAL USE REOUEST /LEGACY BANK OF FLORIDA: Consider a
request to allow the establishment of a financial institution, Legacy Bank of Florida,
within the Central Business District (CBD), located on the west side of N.E. 5th Avenue
284 feet north of Atlantic Avenue (SO N.E. 5'h Avenue), formerly occupied by the
Washington Mutual Bank. (Quasi-Judicial Hearing)
C. CONDITIONAL USE MODIFICATION REOUEST/ARNST OCEAN
AUTOMOTIVE: Consider a request to allow the expansion of the existing
automobile repair use by constructing a new 5,075 square foot building for Arnst Ocean
Automotive, located on the west side of North Congress Avenue, approximately 800
feet north of N.W. 1" Street. (Quasi-Judicial Hearing)
D. REOUEST FOR IN-LIEU PARKING SPACES/CITYWALK: Consider a request
from Citywalk at Pineapple Grove for the purchase of six (6) in-lieu parking spaces
utilizing an In-Lieu of Parking Fee Agreement. Citywalk is located at 200 N.E. 2nd
Avenue (pineapple Grove Way). (Quasi-Judicial Hearing)
12-13-2005
- 4 -
E. BONUS PAYMENT TO ]CD SPORTS GROUP: Consider approval of FY 2005
bonus payment to JCD Sports Group for golf operations in the amount of $9,045.00
and for Tennis Center operations in the amount of $3,016.40. Funding is available from
445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Professional
Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Professional Services),
001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other
Contractual Services) and 001-4210-575-34.90 (General Fund/Tennis Operations/
Stadium).
F. FY 2006 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS
FACILITIES: Consider approval of proposed performance measures for FY 2006 for
the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities.
G. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of an Interlocal Agreement between the City
and the Community Redevelopment Agency (CRA) allowing the City to begin
demolition and utility relocation work on property just east of Old School Square, south
ofN.E. 1" Street, and west of Pineapple Grove Way.
H. PROPOSAL FOR SETTLEMENT IN AYALA v. CITY OF DELRAY BEACH:
Consider a Proposal for Settlement in the amount of $100,000.00 in Ayala v. City of
Delray Beach. Staff recommends denial.
1. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Approve and
appoint eleven (11) members (five (5) regular members for two:year terms and six (6) regular
members for three:year terms) to the Police Advisory Board as recommended by the Mayors
Advisory Committee on R.A.C.E. (Relationship between Authorities, Citizens, and
Experts); and authorize the two (2) final positions to be designated for Youth
appointments.
J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board for an unexpired term ending July 31, 2006 and
appoint one (1) regular member for an unexpired term ending July 31, 2007. Based
upon the rotation system, the appointments will be made by Commissioner Levinson
(Seat #3) and Commissioner McCarthy (Seat #4).
10. PUBLIC HEARINGS:
A. LEASE AND MANAGEMENT AGREEMENT /DELRAY BEACH PUBLIC
LIBRARY ASSOCIATION. INC.: Consider approval of a lease agreement, subject
to the terms of the Tripartite and Interlocal Agreement which allowed the Library
Association the right to purchase the property after 20 years, and management
agreement with the Delray Beach Public Library Association, Inc.
12-13-2005
- 5 -
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.
12. FIRST READINGS:
A. ORDINANCE NO. 79-05: Privately initiated amendment to the Land Development
Regulations Section 4.6.9, "Off-Street Parking Regulations", and Appendix "A",
"Definitions", to establish a parking fee and provide a definition for a public parking
facility and programmed public parking facility. If passed, a public hearing will be held
on January 3, 2006.
B. ORDINANCE NO. 80-05: Rezoning from RO (Residential Office) to RM (Medium
Density Residential) for a 0.205 acre portion of the Coda (fka lighthouse) property,
located south of S.W. 1" Street, between S.W. 1" Avenue and SW 2nd Avenue. If
passed, a public hearing will be held on January 3, 2006.
C. ORDINANCE NO. 82-05: Privately initiated rezoning request from CBD-RC
(Central Business District-Railtoad Corridor) to CBD (Central Business District) for the
south seven (7) feet of Lot 9, and Lots 10 through 12 inclusive, together with the north
thirty-seven (37) feet of Lot 13; lying in Block 78 totaling 0.85 acres, located along the
west side of S.E. 2nd Avenue, between S.E. 1" Street and S.E. 2nd Street. If passed, a
public hearing will be held on January 3, 2006.
D. ORDINANCE NO. 81-05: City initiated rezoning request from CBD-RC (Central
Business District-Railroad Corridor) to CBD (Central Business District) for parcels of
land totaling 1.25 acres, located on the east and west sides of S.E. 2nd Avenue, between
S.E. 1" Street and S.E. 2nd Street. If passed, a public hearing will be held on January 3,
2006.
E. ORDINANCE NO. 83-05: Rezoning from AC (Automotive Commercial) to GC
(General Commercial) for a 6.28 acre parcel, located on the east side of Federal
Highway and the west side of Florida Boulevard (formerly the Ralph Buick Dealership).
If passed, a public hearing will be held on January 3, 2006.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
12-13-2005
- 6 -
14. CLOSED ATTORNEY /CLIENT SESSION pursuant to F.S. 286.Q11(8) reo the cases of:
Village by the Sea, LLP, et al. v. City of Deltay Beach
Case No. 50-2003 CA-010252-XXOCAI; and
Frank and Nilsa McKinney v. City of Deltay Beach
Case No. 50-2003-AP-001062XXCTA Y
Attendees:
Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jon Levinson
Commissioner Rita Ellis
City Manager David Harden
City Attorney Susan Ruby
Assistant City Attorney Terrill Barton
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related to litigation
expenditures in the above cases.
15. SETTLEMENT OF:
Village by the Sea, LLP, et al. v. the City of Deltay Beach
Case No. 50-2003 CA-010252-XXOCAI; and
Frank and Nilsa McKinney v. City of Deltay Beach
Case No. 50-2003-AP-001062XXCTAY
POSTED: DECEMBER 9, 2005
12-13-2005
- 7 -
"-
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # 'gA - REGULAR MEETING OF DECEMBER 13. 2005
FINAL PLAT APPROVAL/ROYAL ATLANTIC PLAT
TO:
SUBJECT:
DATE:
DECEMBER 9, 2005
This is before the Commission to approve the final boundary plat for Royal Atlantic, located on S.E.
1" Avenue, south of Atlantic Avenue.
The property is a replat of a Lots 23 and 24, Block 69, Subdivision of Block 69.
This is a final boundary plat processed as a minor subdivision. All technical and staff comments
have been addressed and the plat is ready for approval.
Recommend approval of the final boundary plat for Royal Atlantic.
S:\City Clerk\agenda memos\Final Plat Royal Atlantic 121305
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
David T. Harden, City Manager
FROM:
Jill Skaggs, P.E., Asst. City Engineer
DATE:
December 5, 2005
SUBJECT: Royal Atlantic Plat
Agenda Request
The attached Agenda Request is for Commission approval of the Royal Atlantic Plat, a
proposed boundary plat. This property is a replat of lots 23 and 24, Block 69,
Subdivision of Block 69, Delray, Florida, according to the plat thereof on file in the office
of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat
Book 2, Page 43 and lying in the southwest one-quarter (SIW Y.) of Section 9,
Township 43 South, Range 46 East, Palm Beach County, Florida.
This property is located on SE 15t Avenue, south of Atlantic Avenue.
This is a Final Boundary Plat processed as a minor subdivision, therefore, it is
forwarded directly to City Commission for final action (no other board review was
necessary).
Enclosed are a location map and a reduced copy of the plat.
If this meets with your approval, please place it on the December 13, 2005 Commission
Agenda for approval.
Thanks!
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Nguyen Tran, Senior Planner
Carolanne Kucmerowski
TAC File
Agenda File, December 13. 2005
S:IEngAdminlTACIRoyal Atlantic (aka - 12 SE 1st Ave., HVA Corp)I2005 Dee 13 agenda memo. doc
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ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP ROYAl A1lJNlIClOCATKW
434 8Ol1TH 8WM'ON AVEN..E, OB..RAY BEAa-t, R....ONJA 33444 TAC 1 OF 1
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Date: 05 December 2005
AGENDA ITEM NUMBER: ~-f\
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AGENDA REQUEST
Request to be placed on:
-1LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 13 December 2005
Description of Agenda Item (who, what, where, how much):
Request is for Commission approval of the plat for Royal Atlantic, a proposed boundary plat
located on SE 1" Avenue, south of Atlantic Avenue. This property is a replat of lots 23 and 24,
Block 69, Subdivision of Block 69, Delray, Florida, according to the plat thereof on file in the
office of the Clerk ofthe Circuit Court in and for Palm Beach County, Florida, recorded in Plat
Book 2, Page 43 and lying in the southwest one quarter (srw 'A) of Section 9, Township 43
South, Range 46 East, Palm Beach County, Florida.
St"nl,,,,,=.nd,tion' A"ro". ~ .~
Department Head Signature: L.
City Attorney Review/Recommendation (if applicable):
lZ-rl--uS
Budget Director Review (required on all items involving expenditure offunds):
Funding Available: Yes I No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: G) I No InitiaIs:
Hold Until:
9
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Royal Atlantic <aka. 12 SE 1st Ave.. HVA Corp)\2005 nec 13 agenda.doc
~
TO:
THRU:
FROM:
SUBJECT:
DA .H ~MANAGER
PAU~ DORLlNG, DIR R OF PLANNING AND ZONING
NGUYEN TRAN, SENI LANNER 41~~
MEETING OF DECEMBER 13, 2005 'r ... CONSENT AGENDA...
APPROVAL OF A FINAL SUBDIVISION PLAT FOR A 45-UNIT, FEE-SIMPLE,
TOWNHOUSE DEVELOPMENT KNOWN AS COLONY PALMS (AKA. ATLANTIC
PALMS), LOCATED ON THE SOUTHSIDE OF WEST ATLANTIC AVENUE,
APPROXIMATELY 140' EAST OF WHATLEY ROAD.
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The subject property consists of two (2) platted lots previously approved for medical and professional offices
(Chambers Medical Offices) that were never constructed. The subject property has an extensive land use
history and the following are the most recent land use actions regarding the subject property. At its meeting
of February 3, 2004, the City Commission approved a request to rezone the property from POC (Planned
Office Center) to RM-9 (Multiple Family Residential-9 units per acre) to accommodate a townhouse
development on the 5.044 acre site. At its meeting of May 12, 2004, the Site Plan Review and Appearance
Board granted Site Plan approval for a 45-unit townhouse development on the subject property. On May 17,
2004, the Planning and Zoning Board approved a Preliminary Plat and recommended approval of the final
plat for Carlson Black Replat (a.k.a. Atlantic Palms). On March 15,2005, the City Commission approved the
final plat for Atlantic Palms. The development was subsequently sold and the plat was never recorded. On
August 24, 2005, the Site Plan Review and Appearance Board approved a Class III Site Plan Modification
which consisted of redesigning the approved buildings to accommodate 2-car garages from the approved 1-
car garages, relocation of the access driveway from Atlantic Avenue, construction of a larger clubhouse and
relocation of the tot lot from the north side to the south side of the recreational area. Additional background
and a complete analysis of the request are found in the attached City Commission and Planning and Zoning
Board reports.
The proposed plat consists of a 45-lot, townhouse type development to be constructed on a 5.044 acre site.
The number of lots, tracts, dedication language and plat boundaries remain the same as the approved plat
of Atlantic Palms. Positive findings with respect to LOR Section 3.1.1, Section 3.2.3 and Objectives and
Policies of the Comprehensive Plan were made with Colony Palms Site Plan Modification.
The Planning and Zoning Board considered the proposed plat at their meeting of May 17, 2004. After
reviewing the staff report, the Board voted 4 to 0 (Charles Walker, Joseph Pike and Jess Sowards absent) to
approve the preliminary plat and to recommend to the City Commission approval of the final plat of Carlson
Black Replat. All technical items have been satisfactorily addressed.
I
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Move approval of the request for final plat approval for Colony Palms, by adopting the findings of fact and
law contained in the Planning and Zoning staff report of May 17, 2004, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J)
(Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1
(Required Findings for Land Use and Land Development Applications) of the Land Development
Regulations.
Attachments:
Location Map. Plat of Carlson Black Replat. Plat of Colony Palms
City Commission documentation of March 15. 2005, Planning and Zoning Board staff report of May 17, 2004
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COLONY PALMS TOWNHOMES DAffi12/05/2005
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FROM:
SUBJECT:
DA~ ITY MANAGER
PAUL DORLlNG, DI TOR OF PLANNJNG A~ ZONING
NGUYEN TRAN, SE R PLANNER 1~
MEETING OF MARCH 15, 2005 . .. CONSENT AGENDA' . *
APPROVAL OF A FINAL SUBDIVISION PLAT FOR A 45-UNIT, FEE-SIMPLE,
TOWNHOUSE DEVELOPMENT KNOWN AS ATLANTIC PALMS (AKA. CARLSON
BLACK REPLAT), LOCATED ON THE SOUTHSIDE OF WEST ATLANTIC AVENUE,
APPROXIMATELY 140' EAST OF WHATLEY ROAD.
The subject property consists of two (2) platted lots previously approved for medical and professional offices
(Chambers Medical Offices) that were never constructed. The subject property has an extensive land use
history and the following are the most recent land use actions regarding the subject property. At its meeting
of February 3, 2004, the City Commission approved a request to rezone the property from POC (Planned
Office Center) to RM-9 (Multiple Family Residential-9 units per acre) to accommodate a townhouse
development on the 5.044 acre site. At its meeting of May 12, 2004, the Site Plan Review and Appearance
Board granted Site Plan approval for a 45-unit townhouse development on the subject property. On May 17,
2004, the Planning and Zoning Board approved a Preliminary Plat and recommended approval of the final
plat for Carlson Black Replat (a.k.a. Atlantic Palms). Additional background and a complete analysis of the
request is found in the attached Planning and Zoning Board report.
_. '~_'f,';;l'!...'.,~~~W.~41L~_'.:.... "
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The proposed plat consists of a 45-lot, townhouse type development to be constructed on lots that range
from 23.33' to 28.67' wide by 88.19' to 118.56' deep. The development will consist of two and three-story
units in six separate buildings (6-8 units per building). In addition, the proposal involves the construction of
recreational facilities including a tennis court, community swimming pool with deck, clubhouse, tot-lot and
garden. Vehicular access is provided by a dedicated, intemallooped access tract, Tract "A", which has an
access point on West Atlantic Avenue. Tract "A" is dedicated to the Homeowner's Association as a private
street for ingress-egress, drainage and utility purposes. Tract "B" is dedicated for recreational and parking
purposes while Tracts "C" through "I" are dedicated for open space and drainage purposes. In addition, a
1 0' x 30' bus shelter easement has been provided at the northwest corner of the site.
The Planning and Zoning Board considered the proposed plat at their meeting of May 17, 2004. After
reviewing the staff report, the Board voted 4 to 0 (Charles Walker, Joseph Pike and Jess Sowards absent) to
approve the preliminary plat and to recommend to the City Commission approval of the final plat of Carlson
Black Replat. All technical items have been satisfactorily addressed.
Move approval of the request for final plat approval for Carlson Black Replat, by adopting the findings of
fact and law contained in the Planning and Zoning staff report of May 17, 2004, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1
(Required Findings for Land Use and Land Development Applications) of the Land Development
Regulations.
Attad1ments:
location Map, Reduced Survey and Reduced Plat
Plamlng and Zoning Board staff report of May 17, 2004
S:\Ptannlng & Zoning\BOAROS\C1TY COMMISS1ON\Cat1son Black Replaldoc
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SUPPlEMENTAL INFORMAnON
PCN#; 12-42-46-13-J6..000.0010 I
12-42-46--13.3tHlOO-OO20
APPROXIMATE ACREAGE: 5.04
ABRiDGED LEGAL DESCRIPDON:
LOTS 1 &2OF
CARLSON BLACK PlAT
LAND USAGE: VACANT
TRAFFiC ANALYSIS Zot4E: ~
CENSUS TRACT: 169.04
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
May 17, 2004
IV.A.
Combined Preliminary/Final Subdivision Plat Approval for Carlson Black
Replat, a Proposed 45-Unit Townhouse Development, located on the South
Side of West Atlantic Avenue, Approximalely 140 FeetEast of Whatley Road
(Quasi-Judicial Hearing).
Owner/Applicant......................... B.C. Properties & Investments,
L.L.C.
Agent.......................................... Larry Carlson
location...................................... Located on the south side of
West Atlantic Avenue,
approximately 140 feet east of
Whatley Road.
Property Size.............................. 5.04 Acres
Future Land Use Map................ TRN (Transitional)
Current Zoning............................ RM-9 (Medium Density, 9 units I
acre)
Adjacent Zoning................North: POC (Planned Office
Center)
East: POC (Planned Office
Center) & A (Agriculture)
South: PRO (Planned Residential)
West: GC (General Commercial) &
Unincorporated Palm Beach
County Enclave (Country Club
Acres Subdivision).
Existing land Use...................... Vacant
Proposed land Use.................... Construction of a 45 unit
townhouse development with
associated recreation facilities,
parking and landscaping.
Water Service............................. Installation of an 8" water main
within the interior looped road
that will connect to an existing 8"
water main within the West
Atlantic Avenue right-of-way as
well as an existing 8" water main
within the Sherwood Forest Drive
right-of-way.
Sewer Service............................. Installation of an 8" sewer main
i within the interior looped road
that will connect to an existing 8"
sewer main within the West
Atlantic Avenue right-of-way.
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IV.A.
The item before the Boarp is that of approval of a preliminary plat and certification of a
final plat for a 5.044 acre, 45-lot townhouse development to be platted as Carlson
Black Replat (a.k.a. Atlantic Palms). The subject property is located on the south side
of West Atlantic Avenue, approximately 140' east of Whatley Road.
This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions.
On December 12, 1989, the subject property was annexed into the City and assigned
the Planned Office Center (POC) zoning designation. At its meeting of July 14, 1999,
the Site Plan Review and Appearance Board (SPRAB) approved a site plan for the
subject property that consisted of 76,314 square feet of medical and professional
offices. At its meeting of November 2, 2001, the City Commission approved a 2-lot
minor subdivision named Carlson/Black Plat and was subsequently recorded in Plat
Book 93, Pages 58-59. The offices were never constructed.
On September 5, 2003, the applicant submitted an application to rezone the subject
property to Medium Density Residential - 11 units per acre (RM-11) in order to develop
a multiple-family residential project. The City Commission considered the first reading
of the rezoning ordinance at its meeting of January 6, 2004. The applicant requested
that the application be withdrawn without prejudice and the City Commission approved
a waiver to LOR Section 2.4.5(0) (6), which prohibits the City Commission from
considering another rezoning application for six (6) months. The applicant subsequently
modified their rezoning request to reflect RM-9 and at its meeting of February 3, 2004,
the City Commission approved the rezoning.
On May 12, 2004, The Site Plan Review and Appearance Board approved a site plan
for a 45-unit townhouse development to be known as Atlantic Palms on the subject
property.
The plat currently before the Board is required for multi-family/townhouse type
developments.
The proposed plat consists of a 45 lot subdivision located on a 5.044 acre site having
an overall density of 8.92 units per acre. The townhouse structures will be developed
on lots that range from 23.33' to 28.67' wide by 88.19' to 118.56' deep.
The development proposal contains 45 two and three-story townhouse units in six (6)
separate buildings. The townhomes will consist of 21 two-bedroom units (2,074 sq. ft.),
12 three-bedroom units (2,249 sq. ft.) and 12 four-bedroom units (2,768 sq. ft.); all of
which contain 1 or 2 car garages. The proposal also indudes the construction of
recreational facilities consisting of a tennis court, swimming pool with deck, dubhouse,
tot lot and a garden.
P&Z Board Staff Report
Carlson Black Replat
Page 2
Vehicular access is provided by a dedicated internal access tract, Tract "A", which forms
a looped road and has an'access point on West Atlantic Avenue. Tract "A" has been
dedicated to the Homeowner's Association (name not yet determined) as a private
street for ingress-egress, drainage and utility purposes with the right of the City of
Delray Beach to access and repair water and sewer mains within said tract. Additional
7' of right-of-way for a right hand turn lane along West Atlantic Avenue was dedicated
as Tract "A" on the previous plat (Carlson/Black Plat) and will need to be reflected on
this replat.
Tract "B" is dedicated to the Homeowner's Association for recreational and parking
purposes to accommodate the previously mentioned recreational amenities. In addition,
Tracts "CO, "0", "E", "F", "G", "H" and "I" have been dedicated to the Homeowner's
Association as well for Open Space and Drainage Purposes. The req"uired landscape
area along the south side of West Atlantic Avenue will have to be accommodated
through either the creation of an additional Tract "J" or modification of Tract "F" to
include this area.
Pedestrian access is provided throughout the site via an internal sidewalk network
connecting the recreational amenities as well as a 5' wide concrete sidewalk on both
sides of the looped road. In addition, a bus shelter easement has been requested at the
northwest comer of the property and is listed as a condition of approval.
Pursuant to Section 3.1.1 of the land Development'Regulations, prior to approval
of development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through informatioh in the
application, the staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings relate to Future
land Use Map Consistency, Concurrency and Consistency with the
Comprehensive Plan, and Compliance with the land Development Regulations.
Section 3.1.1 fA) - 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 I~nd use designation as shown on
the Future land Use Map.
The subject property has a Future land Use Map designation of Medium Density (MD),
and is zoned Medium Density Residential- 9 units per acre (RM-9). Pursuant to lOR
Section 4.4.6(B) (3), within the RM zoning district, multiple family structures are allowed
as a permitted use. The RM zoning district is typically limited to a maximum density of
twelve (12) units per acre; however the subject property is further limited to nine (9)
units per acre based upon the affixed numerical suffix. As the proposed density is 8.9
units per acre, it is appropriate to make a positive finding with respect to consistency
with the Future land Use Map designation.
P&Z Board Staff Report
Carlson Black Replat
Page 3
Section 3.1.1 IBI - Concurrency: Pursuant to Section 3.1.1(B) Concurrency as
defined pursuant to Objective B-2 of the Future Land Use Element of the
Comprehensive Plan must be met and a determination made that the public
facility needs of the requested land use and/or development application will not
exceed the ability of the City to fund and provide, or to require the provision of,
needed capital improvements for the following areas:
Water and Sewer:
. Water service will be provided via installation of an 8" water main within the interior
looped road that will connect to an existing 8" water main within the West Atlantic
Avenue right-of-way as well as an existing 8" water main within the Sherwood Forest
Drive right-of-way.
. Sewer service will be provided via installation of an 8" sewer main within the interior
looped road that will connect to an existing 8" sewer main within the West Atlantic
Avenue right-of-way.
. Fire protection will be provided via existing fire hydrants at the northeast comer of
the property and on the north side of the prospective Building #6 as well as
proposed fire hydrants at the southeast and southwest comers of the interior loop
road.
The Comprehensive Plan states that adequate water and sewer treatment capacity
exists to meet the adopted LOS (Level of Service) at the City's build-out population
based on the current FLUM. The 45 unit multiple family residential development was
factored into the plan; thus, a positive finding with respect to this level of service
standard can be made.
Streets and Traffic:
The applicant has submitted a traffic statement indicating that the proposed 45 unit
development will generate 20 AM and 23 PM peak hour trips. A copy of the traffic
statement has been transmitted to Palm Beach County for acceptance. A letter from
the Palm Beach County Traffic Division indicating that the project meets the Traffic
Performance Standards of Palm Beach County has been attached as a condition of
approval.
Parks and Recreation Facilities:
The proposed 45 residential units will not have a significant impact with respect to level
of service standards for parks and recreation facilities. Pursuant to LOR Section 5.3.2,
a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a
building permit for each unit. A total fee of $22,500 will be required of this development
for parks and recreation purposes.
Solid Waste:
Trash generated each year by the 45 units is 89.55 tons of solid waste per year (45
units x 1.99 tons of solid waste per year = 89.55 tons). The trash generated by this
P&Z Board Staff Report
Carlson Black Replal
Page 4
proposal can be accommodated by existing facilities; therefore, a positive finding with
respect to this level of service standard can be made.
DrainaQe:
Drainage will be accommodated on site via sheet flow into catch basins with outfall into
onsite retention areas located on the north and west sides of the property as well as the
southwest corner of the property. There should be no impact on drainage as it relates
to this level of service standard.
Schools:
The Palm Beach County School District has approved the application for Concurrency
Determination for this 45 unit residential project.
Section 3.1.1 (g - Consistency: Pursuant to Section 3.2.1 (Basis for
Determining Consistency), the performance standards set forth in Section 3.2.3
(Standards for Site Plan and/or Plat Actions) shall be the basis upon which a
finding of overall consistency is to be made.
As described in Appendix "A", a positive finding for consistency can be made as it
relates to Standards for Plat Actions.
Section 3.1.1 (Q) - Compliance with the land Development Requlations:
. lOR Section 4.3.3(0)(2) (Plat Required):
Each townhouse, or townhouse type, development shall be platted with a minimum
designation of the interior street system as a tract. When the dwelling units are to be
sold, each unit must be shown on the plat. An intemal access tract (Tract "A") has
been dedicated as a means of ingress-egress for all platted lots. The submitted plat
meets all other requirements.
. lOR Section 6.1.3(B)(2)(Sidewalk Desiqn Requirements):
Pursuant to LDR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within
the street right-of-way (or easement or tract) and must be constructed adjacent to
the right-of-way (easement or tract) line. A 5' wide concrete sidewalk is shown on
the paving and grading plan to be installed around the exterior side of the looped
road as well as around the majority of the interior side of the looped road. Since this
sidewalk is being installed within the right-of-way, a sidewalk easement is not
necessary.
Pursuant to LDR Section 6.1.3(B)(3), a strip of grass or other landscaped area of at
least two feet (2') in width, shall separate sidewalks from the street pavement or curb
section. The applicant has requested that a waiver be granted to this. requirement
that would allow the sidewalk to be constructed immediately adjacent to the curb
section of the interior street (0' separation). The waiver is tentatively scheduled for
P&Z Board Staff Report
Carlson Black Replat
Page 5
City Commission at it's meeting of June 8, 2004 and the plat cannot be forwarded to
City Commission for final action until this waiver has been approved.
. LOR Section 5.3.1 (Riqht-of-Wav Dedication):
Per LOR Section 5.3.1 (A), streets, public or private. shall be shown on all
subdivision plats as tracts dedicated for such purposes.
As previously mentioned, vehicular access will be taken directly from West Atlantic
Avenue via a dedicated access tract (Tract "A"). Additional right-of-way along West
Atlantic Avenue for a right-hand tum lane was provided with the previous plat;
therefore, additional right-of-way dedication is not required. However, the right-of-
way dedicated previously needs. to be-reflected on this plat.
. Section 6.1.2(C)(3)(allPavement Width):
Pursuant to LOR Section 6.1.2(C)(3)(a), the required pavement width for a local
street is 24'. The development proposal provides a 20' wide asphalt drive aisle
width with 2' of valley curb and gutter on both sides of the pavement. Pursuant to
LOR Section 6.1.2(C)(3)(c), upon the recommendation of the City Engineer, and with
the approval of the Fire Marshal, the City Commission may authorize a reduction in
the minimum required width of paving if it is determined that the requirements of this
subsection would not be feasible or would constitute a hardship in a particular
instance and provided this reduction would not endanger public safety and welfare.
The City Engineer has reviewed the request to reduce the pavement width from 24'
to 20' .and is in support of the reduction. The reduced pavement width will provide for
20' of drive aisle, which is bordered by a 2' valley curb on each side. The Fire
Marshal is in support of the request as long as the full 20' of width remains
unobstructed and there is access from two sides. This waiver is tentatively
scheduled for June 8, 2004 City Commission meeting and the plat will not be
forwarded for final action until this waiver has been approved.
Comprehensive Plan Policies:
A review of the objectives and policies of the Comprehensive Plan were conducted
with the Site Plan and all applicable objectives or policies along with a discussion on
how they are addressed is attached as Appendix.C".
Technical comments from the Planning & Zoning Department and Environmental
Services Department are attached as Appendix "B", and must be addressed prior to
scheduling of the plat for City Commission. While there are several comments, they are
minor in nature and will not impact the general plat diagram.
P&Z Board Staff Report
Carlson Black Replat
Page 6
This project proposal is not within the geographical area requiring review by the Historic
Preservation Board (HPB), the Community Redevelopment Agency (CRA) and the
Downtown Development Authority (DDA).
Courtesy Notices:
A courtesy notice has been sent to the following neighborhood and civic associations:
o President's Council
o PROD (Progressive Residents of Delray)
o Sherwood Forest
. .
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
The development proposal to construct a 45 unit townhouse development is consistent
with the Zoning and Future Land Use Map designation for the subject property. Positive
findings can be made with respect to LOR Section 3.1.1 (Required Findings for Land
Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or
Plat Actions) and Goals, Objectives and Policies of the Comprehensive Plan. The plat
and engineering plans will require minor technical modifications, as listed in "Appendix
"B" - Technical Items" section of this report, before it can advance to the City
Commission.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the request for a
Final Plat approval for Carlson Black Replat, 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 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan
and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land
Development. Applications) of the Land Development Regulations, $ubject-..to
conditjens.
C. Approve the preliminary plat, and require submittal of a final plat to be processed
separately.
D. Move a recommendation of denial to the City Commission of the request for a
Final Plat approval for Carlson Black Replat, based upon a failure to make
P&Z Board Staff Report
Carlson Black Replal
Page 7
positive findings of fact and law contained in the staff report. and failing to make
positive findings . that the request and approval is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major
Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and
Section 3.1.1 (Required Findings for Land Use and Land Development
Applications) of the Land Development Regulations.
Move a recommendation of approval to the City Commission of the request for a Final
Plat approval for Carlson Black Replat, 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 2.4.5(J)
(Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and
Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of
the Land Development Regulations, subject to the following conditions:
1. That all comments under the "Technical Items" section (Appendix "B") of
the report be addressed prior to scheduling the plat for City Commission
action; and,
2. That the request for waiver to LOR Section 6.1.2(C) (3) (a) to reduce the
minimum pavement width of the interior roadway from 24' to 20' be
approved prior to scheduling the plat for City Commission action; and
3. That the request for waiver to LOR Section 6.1.3(B) (3) to eliminate the
required two foot (2') wide landscape area between the sidewalk and the
curb section be approved prior to scheduling the plat for City Commission
action.
Attachments:
o
Reduced SUlvey
Reduced Pial
Reduced Site Plan
o Appendix"A"
" Appendix "B"
o Appendix "CO
" Location Map
"
P&Z Board Staff Report
Carlson Black Replat
Page 8
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as if" pertains to traffic
circulation.
Not applicable
Meets intent of standard
Does not meet intent
x - This standard will be met once all conditions of approval
have been addressed from the Site Plan.
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives 0-1 and 0-2 of the Transportation Element.
Not applicable
Meets intent of standard X
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable
Meets intent of standard
Does not meet intent
X - This standard will be met once all conditions of approval
have been addressed from the Site Plan.
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If It is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable
Meets intent of standard
Does not meet intent
X - This standard will be met once all conditions of approval
have been addressed from the Site Plan.
F. Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
P&Z Board Staff Report
Carlson Black Replat
Page 9
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable
Meets intent of standard
Does not meet intent
x - This standard will be met once all conditions of approval
have been addressed from the Site Plan. -
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddter to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable
Meets intent of standard X
Does not meet intent
P&Z Board Staff Report
Carlson Black Replat
Page 10
The following comments must be addressed prior to scheduling the plat foCCity Commission:
Plannina & Zonina Deoartment Comments:
Technical Comments:
1. Please provide a written response to each of the following comments.
2. FP&L stated that a 10' U.E. is required for servicing. Please coordinate with FP&L to
see if the dedication language included within Tract "A" dedication is sufficient since no
composite utility plan was submitted. This composite utility plan will be needed as per
Environmental Services Department's Technical Comment # 14.
3. Please provide a recorded copy of the Articles of Incorporation (through Florida
Department of State, Division of Corporations) of the Homeowner's Association which is
to accept the perpetual maintenance obligalion of all common areas.
4. Provide a copy of the Declaration of Covenants, Conditions and Restrictions for the
development.
5. The 10' wide Ingress-Egress Easement dedicated by ORB 1324, Page 149 along the
entire west side of the property will need to be abandoned, otherwise, setback
requirements are not met and various encroachments such as landscaping, fencing,
etc...are not allowed within this ingress-egress area. A possible solution is to
incorporate the ingress-egress language found in ORB 1324, Page 149 to coincide with
the 15' drainage easement area; otherwise, redesign the entire western side of the
development to shift eastward to meet current regulations. Note: Bui/dina setbacks are
taken from /naress-Earess Easement lines and not properly lines.
6. Provide a copy of ORB 1324, Page 149.
Plat Comments:
1. Tract "A" of Carlson/Blacl< Plat was dedicated to the Public for Right-of-Way and
currently REMAINS as public right-of-way. Until the public formally abandons its rights,
this dedicated right-of-way needs to be excluded from Carlson Black Replat and shown
as right-of-way previously dedicated by PB 93, Pages 58-59. (The Boundary Survey
submitted with the plat shows the correct configuration)
2. Area being replated is just Lot 1 and Lot 2 of Carlson/Black Plat. Please remove
references to "Less the right-of-way for West Atlantic Avenue...." This extra description
pertains to the first plat and should not be included within the legal description for the
area being platted (replatted).
3. Water and Sewer mains encroach into open space/recreation/preserve areas and are
not covered by any easements. Please show Water and Sewer Easements over Water
and Sewer mains.
P&Z Board Staff Report
Carlson Black Replat
Page 11
4. Provide a 10' x 30' Bus Shelter Easement at the northwest corner of the site ,md provide
appropriate language under the Dedication section of the Plat. You may contact Scott
Aronson, Parking Management Specialist for more information (561) 243-7286.
5. The first 30' of property along the south side of West Atlantic_Avenue should be a
landscape buffer area. lot lines for lots 1-6, Block 6, should not extend into this area.
Create a separate tract (Tract "J") or incorporate into Tract "F", 30' of continuous width
along the south side of West Atlantic Avenue for this purpose.
Options:
1. If Tract" J" is created, please provide language dedicating this tract to the
homeowners association for landscaping and utility purposes. .
2. If this area is to be incorporated within Tract "F". please modify existing
dedication language for Tracts C,D,E,F,G,H and Ito include for landscaping
and utility purposes.
Environmental Setvices Deoarlment's Comments:
Plat Comments:
1. Provide water and sewer easements over water and sewer mains.
2. Provide coordinates on all P.R.M.
3. Provide digital copy of approved plat in format per City of Delray Beach Engineering.
4. Tract "F" should encompass retention areas along Atlantic Avenue.
5. Provide a detailed description of how each of these comments has been addressed with
next submittal.
6. FDOT may require right-of-way dedication for ullimate right-of-way.
7. Additional comments may follow upon provision of requested information.
Technical Comments:
1. Provide copies of FOOT permit modification for driveway connections. drainage, and
utility improvements.
2. Health Oeparbnent permits are required for this project. Provide copies of the water
permit and sewer permit. This is not a permit modification, should require a new permit
submittal.
3. Provide copies of SFWMD permit modification.
4. Provide copies of lWOO permit modification.
5. Cross section F-F should be shown from building to first lane of Atlantic Avenue.
P&Z Board Staff Report
Carlson Black Replat
Page 12
6. Use only City of Oelray Beach Standards for water and sewer improvements.
7. Section B-B does not appear to work for entire eastside of property.
8. Maximum width of driveway is 24 feet.
9. Submit copy of revised landscape plans to Engineering.
10. No landscaping over water mains. Note on engineering plan does not address issue.
Provide copy of revised landscaping plans.
11. Move water main on north side of property at entrance out of green area and move
under pavement.
12. Provide signed and sealed calculations indicating that existing lift station .and force main
have sufficient capacity for the additional usage.
13. Provide 12 foot water and sewer easement over water and sewer main. All easements
should be obtained prior to HRS permits. Water and sewer easements should be
indicated on plat.
14. Provide per LOR Section 2.4.3 (F) (4), a composite utility plan that show the location of
all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and
drainage). The composite plan shall be signed by a representative of each utility
provider attesting to the fact that services can be accommodated as shown on the
composite utility plan. The composite plan shall address the responsibility for relocation
of existing services and installation of new services.
15. Water main connection on Sherwood Blvd. is required for this project, remove reference
to "future connection: Connection should be double valved.
16. Engineers cost estimate should include the possible cost of upgrading lift station pumps.
17. A 110% surety and 2"10 engineering inspection fees will be required. A Financial
Guarantee and Agreement for Completion of Required Improvements is required. This
agreement can be obtained at www.mydelraybeach.com. For additional information see
Section II of the City of Oelray Beach Minimum Construction Standards. Prior to
Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will
be required.
18. Engineer's cost estimate should be revised for D.l.P. water main costs.
19. Provide a detailed description of how each of these comments has been addressed with
next submittal.
20. Additional comments may follow upon provision of requested information.
P&Z Board Staff Report
Carlson Black Replat
Page 13
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 and complies in tenns of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent land
uses, and fulfills remaining land use needs.
The subject property was previously zoned Planned Office Center (POC) and had an approved
site plan for an office development. The property has since been rezoned to RM-9 at which
time positive findings were made with respect to this objective that the intensity of the residential
development would be less than a commercial development. It is further noted that there are no
special physical or environmental characteristics of the land that would be negatively impacted
by the proposed development.
Transportation Element Policv A-1.3: The City endorses the continued operations of the Palm
Tran Transit System and its operations in Delray Beach, and through policies of this Element
related to the TCEA, will coordinate with Palm Tran to improve the system.
As a Palm Tran bus stop already exists at the northwest comer of the site, it is appropriate that
a bus shelter and bus shelter easement be provided. The provision of a 10' x 30' bus shelter
easement at the northwest corner of the site has not been indicated on the site plan and will
need to be depicted. The actual dedication of the easement will need to be accomplished with
the replat of the subject property. Further, the provision of a bus shelter may be accomplished
by a contribution from the developer of $7,500 (half the cost of a shelter). It is attached as
conditions of approval that a 10' x 30' bus shelter easement is depicted at the northwest comer
of the site and dedicated with the associated replat of the subject property, and that a $7,500
bus shelter contribution is paid prior to certification of the site plan.
Open Space and Recreation Element Policv A-3.1: Tot lots and recreation areas sewing
children from toddlers to teens, shall be a feature of all new housing developments as part of
the design to accommodate households having a range of ages. This requirement may be
waived or modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units.
The development proposal indudes recreational facilities such as a swimming pool, dubhouse
with outdoor grill facilities, lennis court and tot lot. The tot lot is appropriate for toddlers, and the
swimming pool and tennis court are appropriate for adults. As discussed previously, the tennis
court will likely not see a significant amount of use from older children; therefore it has been
attached as a condition of approval for the site plan that the tennis court is designed as a sport
court that can accommodate other activities besides tennis (i.e. tennis court and half-court
basketball). Based upon the above condition being addressed, compliance with the above
regulation has been achieved.
Open Space and Recreation Element Policv 8-1.3: New developments shall provide central
focal points at entries and landscape buffers along the extemal (arterial, collector) streets which
service them.
The proposed landscape plan does propose a landscape buffer along the external street (West
Atlantic Avenue); however, as discussed previously, the proposed landscape buffer is located
entirely within an existing utility easement and will need to be relocated. Further, this landscape
buffer will need to be significantly upgraded in terms of plant quantity and design based upon its
P&Z Board Staff Report
Cartson Black Replal
Page 14
high visibility. In addition to the landscape buffer, the proposed entry feature will need to be
revised and enhanced for the.same reasons. These items have been attached as conditions of
approval.
Housina Policv A-12.3: In evaluating proposals for new development or redevelopment, the
City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation pattems
shall be reviewed in terms of their potential to negatively impact the sa-fety, 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 subject property is located adjacent to residential zoning districts to the south (Sherwood
Forest) and west (Country Club Acres) thai are of a lower density than the subject property.
The development proposal has accordingly increased the building setbacks to provide a
meaningful separation between these subdivisions. However, the landscaping along the --
abutting property lines must be further enhanced as discussed previously with the performance
standards analysis (I.e. the extension of the Cocoplum hedge along the full length of the wesl
property line and provision of Mahogany trees at least 15' in height and planted 30' on center).
Based upon the above condition of approval being addressed, the proposed development will
be compatible with, and should enhance the value of properties located within the surrounding
residential neighborhoods.
Housina Element Obiective 8-2: Redevelopment and the development of new land shall result
in the provision of a variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified in this
Element. Policies, which will implement this objective, include:
Housina 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 and 4 bedroom units and activity areas for children ranging from toddlers to teens.
This requirement may be waived or modified for residential development located in the
downtown area, and for intill projects having fewer than 25 units.
This project will not be exduded to occupancy by adults only. The residential development is
designed to accommodate families with children. This is accomplished by providing a
townhouse product with a garage, large room sizes, varying recreational amenities including a
tot lot, and differing floor plans that could appeal to different age groups and household sizes.
Based on the above, the development proposal is consistent with these policies. It is
recommended that additional accommodations for older children are provided.
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERO'J'V1
AGENDA ITEM # <6<:... - REGULAR MEETING OF DECEMBER 13. 2005
RESOLUTION NO. 88-05
SUBJECT:
DATE:
December 9, 2005
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from four (4) properties within 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. 88-05.
Attachments
Department on Caroline S/City Clerk/Lien Process! Agmemos/tAgmemoAV.Res No. 88-05
RESOLUTION NO.SS-OS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 of the Code
of Ordinances, and did furnish the respective owner(s) of the land(s) described in
the attached list with written notice of public nuisance pursuant to Sections 90.02
and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances,
or if the property owner(s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the
Code of Ordinances; and,
WHEREAS, 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 remove said junked and/or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance(s) i and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 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 City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances 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 thereon. Said assessments so levied shall, if not paid
within thirty (30) days after mailing of the notice described in Section 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 and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment 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 Delray 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.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein and 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 costs 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 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.
2
Res. No. 88-05
Section 6. That at the time the City Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this
, 2005.
day of
MAY 0 R
ATTEST:
City Clerk
3
Res. No. 88-05
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION ! OWNER ASSESSMENT
----- -----. .-_.
700 AVE CHAUMONT
CHATELAINE NO.1, LOT 13, BLK 5, PB 29, P 95 DOLORES G. BELL EST
PCN 12424612030050130 700 AVENUE CHAUMONT
INVOICE NO. 28460 DELRAY BEACH, FL 33445-
CUST. NO. 9996 2202 $ 145.00
__n _._~-
700 AVE CHAUMONT
CHATELAINE NO.1, LOT 13, BLK 5, PB 29, P 95 DOLORES G. BELL EST
PCN 12424612030050130 700 AVENUE CHAUMONT
INVOICE NO. 28461 DELRAY BEACH, FL 33445-
CUST. NO. 9996 2202 $ 45.00
_._---------_.'.-..'. -- -- ---------_._-_._-_.~-_._-~._-----
610 SE 3RD AVENUE JEANETTE JEAN LOUIS &
OSCEOLA PARK L T 23, BLK 7, PB 3, P 2 . AL THANASE PHENEUIS
,
PCN 12434621 0070230 610 SE 3RD AVENUE
INVOICE NO. 28481 DELRAY BEACH, FL 33483-
CUST. NO. 8297 4418 $ 145.00
-. .-..---
-..-.--
531SW 5TH AVENUE !!
SUNNYSIDE PARK LOT 7, PB 21 P 75 ]ANGELA DOWNES
PCN 12434620 11 0000070 531 SW 5TH AVENUE
INVOICE NO. 28482 'DELRAY BEACH, FL 33444-
CUST. NO. 11678 2409 $ 45.00
-------.-, . .- -
-- VIOLATION IS: SECTION 90.03 . STORING, PARKING OR LEAVING
.--
-- WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE 1---- -----.--.-.---
.-
--_..,- --
---- - -.-
---. +--
----
_._~
.-.-....-..--
-...... .---
-.-
.,---- --
,
Res. No. 88 -05
of;
....W/1. "
V", I
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE
,1111 NW hi AVENlJ~' DFLRAY BEACH, FLORIDA 33444
fTLLPIION1'> 561C43-7{)l)(). FACSI1\1ILE: 561/278-4755
DELRAY BEACH
~
All-America City
~, III!DATE:
Write(s Direct Line: 561/243-7091
MEMORANDUM
December 6, 2005
1993
2001
FROM:
City Commission
David Harden, Citv Manager
~------
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Intertocal Aareement with Palm Beach Countv on Reimbursement for
Roots Cultural Festivial
The attached agreement between the City and Palm Beach County provides that
the County shall reimburse the City for expenses incurred by the City for the
"Summer Days of Roots-Festival on the Square" event, which was held in July and
August of this year. The reimbursement shall not exceed $12,500.00 and shall be
paid to the City within 45 days of the City furnishing the required information to the
Cou nty.
Our office requests that this item be placed on the December 13, 2005 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Doug Smith, Asst. City Manager
~D
Department of
Parks and Recreation
2700 6th Avenue South
Lake WOrth, FL 33461
(561) 966-6600
FI\X: {561j 963-6747
www.plJcgov.com
.
Palm Beal;h County
Board of County
Commi..ionen
Tony Masilotti, Chairman
Addie L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Raben Weisman
-"" EqLlal Oppornlllity
"ffirmativ~Actio" Emp~-
@pm~onf'8CYdtld,.pM
..
/
November 14, 2005
Mr. David Harden, City Manager
City of Delray Bea,yh
100 North West 1 Avenue
Delray Beach, FL 33444
RE: PALM BEACH COUNTY - DISTRICT 4 AND 7 RECREATION
ASSISTANCE PROGRAM AGREEMENT FOR THE ROOTS
CULTURAL FESTIVAL. FESTIVAL ON THE SQUARE
Dear Mr. Harden:
Attached for execution on behalf of the City of Delray Beach are two originals
of a Recreation Assistance Program (RAP) funding Agreement in an amount
not to exceed $12,500 to help offset expenses for the Summer Days of
Roots _ Festival on the Square held in July and August of 2005, which the
City sponsored with Roots Cultural Festival, Inc. This funding is from the
Recreation Assistance Program (RAP)-District 4 ($2,500) and District 7
($10,000). The reimbursement period for this project is from July 25, 2005,
through June 30, 2006, and all invoices and proofs of payment submitted for
reimbursement must be dated within that time frame.
When you return the Agreements after approval by the City, please include
both sets of originals and exhibits as well as the required certificate of
Insurance. Do not complete Exhibit B at this time.
Please contact Susan Yinger, Administrative Support Manager, at 966-6653
if you have any questions about the Agreement or the reimbursement
process. On behalf of Commissioners Mary McCarty and Addie L. Greene,
we are looking forward to entering into this funding Agreement and again
assisting with costs for the annual Roots Festival on the Square Event.
ZZ'.~
Den~;"an, Director
Parks and Recreation Department
Attachment: Two originals of RAP Agreement for execution and return
DLElSWY
Copy to: Commissioner Mary McCarty, District 4
Commissioner Addie L. Greene, District 7 (Gladys Whigham)
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH
FOR SUMMER DAYS OF ROOTS. FESllVAL ON THE SQUARE
THIS AGREEMENT is made and entered into on
, by and between Palm Beach
County, a political subdivision of the State of Florida, hereinafter referred to as 'County", and
The City of Delray Beach, a Florida Municipal corporation, hereinafter referred to as "Delray
Beach" .
WITN ESS ETH:
WHEREAS, Delray Beach serves as a sponsor of the annual Roots Cultural Festival,
which is a summer event consisting of two months of activities and programs including sports .
tournaments, educational experiences, and life enrichment seminars; and
WHEREAS, the 2005 Roots Cultural Festival culminated with a three-day Roots Festivai
on the Square event held in August 2005, at Old School Square in Delray Beach; and
WHEREAS, Roots Festival on the Square cost approximately $88,000 for the three-day
event that included performances by nationai and international artists. children's activities, and
vendors offering ethnic foods, arts and crafts, jewelry and ethnic clothing; and
WHEREAS, Delray Beach has requested $12,500 from County to assist with expenses
for Roots Festival on the Square to include contractual services and operational expenses; and
WHEREAS, multi-cultural events are deemed to serve a public purpose; and
WHEREAS, County desires to provide funding for the Roots Festival on the Square; and
WHEREAS, funding for Roots Festival on the Square in an amount not to exceed
$12,500 is available from the Recreation Assistance Program (RAP) - District 4 ($2,500) and
District 7 ($10,000) ; and
WHEREAS, both parties desire to enter into this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained herein,
the parties hereby agree to the following terms and conditions:
1. County agrees to fund an amount notto exceed $12,500 to Delray Beach to help offset
expenses for the 2005 Roots Festival on the Square for contractuai services (artists' fees for
entertainment, rentals, sound and lighting, technicians, facility layout), operational expenses
(insurance and advertising) ,security costs, and other miscelianeous expenses relating to the
Project as set forth in Exhibit "A", attached hereto and incorporated herein, hereinafterreferred
a. A written statement that the Project, as specified herein, was carried out in
accordance with this Agreement; and
b. A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form attached hereto and made a part hereof as Exhibit 'B", which are required for each
and every reimbursement requested by Delray Beach. Said information shall list each invoice paid
by Delray Beach and shall include the vendor invoice number; invoice date; and the amount paid by
Delray Beach along with the number and date of the respective check or proof of payment for said
payment. Delray Beach shall attach a copy of each vendor invoice paid by Delray Beach alcng with
a copy of the respective check or proof of payment and shall make reference thereof to the
applicable item listed on the Contractual Services Purchases Schedule. Further, Delray Beach's
Program Administrator and Project Financial Officer shall certify the total funds spent by Delray
Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual
Services Purchases Schedule was paid by Delray Beach and approved by Delray Beach as
indicated.
3. Delray Beach incurred expenses for the Project beginning on July 1, 2005. Those costs
incurred by Delray Beach for the Project, approved and submitted accordingly by Delray Beach
subsequent to July 1, 2005, are eligible for reimbursement by County pursuant to the terms and
conditions hereof.
4. RAP funds may be used as a match for other local. state, or federal grant programs, but
Delray Beach may not submit reimbursement requests for the same expenses to the County as
other fund sources to receive duplicate reimbursement for the same expenses.
5. Delray Beach agrees, warrants. and represents that all of the employees and participants
in the Project will be treated equally during employment, and for the provision of services without
regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status,
or sexual orientation.
6. Delray Beach shall be responsible for all costs of operation and maintenance of the
Project.
7. The term of this Agreement shall be until June 30, 2006, commencing upon the date of
execution by the parties hereto.
8. The parties agree that, in the event Delray Beach is in default of its obligations under this
Agreement. the County shall provide Delray Beach thirty (30) days written notice to cure the default.
collected by Delray Beach for that Project.
9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be
terminated by the County, without cause, upon thirty (30) days prior written notice to the other party.
This Agreement may be terminated by the County with cause, upon expiration of the thirty (30) day
cure period provided for in Section 8 above.
10. Deiray Beach shall complete the Project and shall provide its final reimbursement
request(s) and final accounting data to County for the completed project on June 30, 2006. Upon
written notification to County at least ninety (90) days prior to that date Delray Beach may request an
extension beyond this period for the purpose of completing the Project. County shall not
unreasonably deny Delray Beach's request for said extension.
11. In the event Delray Beach ceases to exist, or ceases or suspends the Project for any
reason, any remaining unpaid portion of this Agreement shall be retained by County, and County
shall have no further obligation to honor reimbursement requests submitted by Delray Beach. The
determination that Delray Beach has ceased or suspended the Project shall be made by County and
Delray Beach agrees to be bound by County's determination.
12. Delray Beach agrees to abide by, and be governed by, all applicable federal, state,
county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said
laws and ordinances exist and are amended from time to time. In entering into this Agreement,
Palm Beach County does not waive the requirements of any County or local ordinance or the
requirements of obtaining any pennits or licenses normally required to conduct business or activity
conducted by Delray Beach. Failure to comply may result in County's refusal to honor
reimbursement requests for the Project.
13. County reserves the right to w~hhold reimbursement if the Project is not completed as
specified in Exhibit "A".
14. It is understood and agreed that Delray Beach is merely a recipient of County funding
and is an independent contractor and is not an agent, servant or employee of County or its Board of
County Commissioners. It is further acknowledged that the County only contributes funding under
this Agreement and operates no control over the Project. In the event a claim or lawsuit is brought
against County or any of its officers, agents or employees, Delray Beach shall indemnify, save and
hold harmless and defend the County, its officers, agents, and/or employees from and against any
and all claims, liabilities, losses, judgments, andlor causes of action of any type arising out of or
In consideration for reimbursement of costs incurred prior to the term of this Agreement, the
foregoing indemnification shall apply not only during the term of this Agreement but also for the
period prior to the Agreement for which Delray Beach is eligible to receive reimbursement from the
County.
15. Without waiving the right to sovereign immunity as provided by Section 768.28. Florida
Statutes. Dalray Beach acknowledges to be self.insured for General Liability and Automobile
Liability under Florida sovereign immunity statutes with coverage limits of $1 00,000 Per Person and
$200.000 Per Occurrence; cr such monetary waiver limits that may change and be set forth by the
legislature.
In the event Delray Beach maintains third-party commercial General Liability and Business
Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes,
Delray Beach shali agree to maintain said insurance policies at limits not less than $500,000
combined single limit for bodily injury or properly damage.
Delray Beach agrees to maintain or to be self~insured _ for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statute 440.
Prior to execution ofthis Agreement by the County, Delray Beach shall deliver to the County
an affidavit or Certificate of Insurance evidencing insurance, self-insurance, andlor sovereign
immunity status, which County agrees to recognize as acceptable for the above mentioned
coverages. Certificate holde~s address shall read Palm Beach County, clo Parks and Recreation
Department, 2700 Sixth Avenue South. Lake Worth. FL 33461, Attention: Administrative Support
Manager.
Compliance with the foregoing requirements shall not relieve Delray Beach of its liability and
obligations under this Agreement.
16. Upon request by County, Delray Beach shall demonstrate financial accountability through
the submission of acceptable financial audits performed by an independent auditor.
17. Delray Beach shall maintain books, records, documents and other evidence that
sufficiently and properly reflect all costs of any nature expended in the performance of this
Agreement for a period of not less than five (5) years. Upon advance notice to Delray Beach.
County shall have the right to inspect and audit said books, records, documents and other evidence
during normal business hours.
18. The County and Delray Beach may pursue any and all actions available under law to
legal action necessary \0 enforce this Agreement shall be held in Palm Beach County.
20. As provided in Section 287.132-133. Florida Statutes, by entering into this Agreement or
performing any work in furtherance hereof, Delray Beach certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the convicted
vendor list maintained by the State of Florida Department of Management Services within the thirty
six (36) months immediately preceding the date hereof. This notice is required by Section 287.133
(3) (a), Florida Statutes.
21. This Agreement represents the entire agreement between the parties and supersedes all
other negotiations, representations, or agreement, written or oral, relating to this Agreement. This
Agreement may be modified and amended only by written instrument executed by the parties hereto.
22. Any notice given pursuant to the. terms of this Agreement shall be in writing and hand
delivered or sent by U.S. mail. All notices shall be addressed to the following:
As to the County:
Director of Parks and Recreation .
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth. Florida 33461
As to Delray Beach:
City Manager
City of Delray Beach
100 North West 1" Avenue
Delray Beach, FI 33444
23. This Agreement is made solely and specifically among and for the benefit of the parties
hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any
benefits under or on account of this Agreement as a third-party beneficiary or otherwise.
IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date
first above written.
ATTEST:
SHARON R. BOCK, Clerk &
Comptroller
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Tony Masilotti, Chairman
CITY OF DELRAY BEACH
By:
Mayor
By:
Deputy Clerk
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO TERMS AND CONDITIONS
Recreation Assistance Program (RAP)
Exhibit "An to Agreement
BACKGROUND INFORMATION
Name of Municipality: City of Delrar Beach
Mailing Address: 100 North West 1. Avenue
Delray Beach, FL 33444
Name of Mayor: Jeff Perlman
Name of City Administrator: David Harden
ProjecVProgram Liaison Information:
Name: David Harden, City Manager
Telephone #: 243-7000
Fax #: 243-7334
e-mail:
PROJECT INFORMATION
1. Nama of Project: Roots Cultural Festival 2005
PROJECT INFORMATION
2. Name of ProJecVProgram:
Summer Days of Roots - Festival on the Square
3. Project! Program Description
. General (Project Scope):
"The Summer Days of Roots" is an event w~h activities scheduled in June, July, and
August. The activities and programs they include sports tournaments such as tennis,
basketball, and golf. Additionally included are educational experiences to encourage
academic excellence such as competitions in spelling, geography, oratorical, essay,
and math. Seminars that improve the quality of life in the community are also
offered. The summer festival days culminate with a parade and the three day festival
on the square. The "Festival on the Square" is a three day ceiebration where
national and international artist perform on the stage. In addition to world class
ethnic foods, arts and crafts, jewelry, and ethnic clothing are just some of the vendor
items offered.
. Public Purpose:
The purpose of the "Festival on the Square" is to provide wholesome recreational
and educational activities during the summer months. It draws thousands of people
of diverse backgrounds to Palm Beach County. Many of them stay in the community
hotels, eat in the restaurants, and purchase merchandise from iocal stores.
EXHIBIT A
page1of2
. Location:
Old School Square
51 North Swinton Avenue
Delray Beach, Florida
. Anticipated Number of Participants/Users:
7,000 to 10,000
4. projecVprogram Elements: List anticipated broad categories of Expenditure
Items such as capital outlay, contractual services, personnel costs, operational
expenses, equipment, and "Other Miscellaneous projecVprogram expenses". Do
not include exoenditure line item budoeV amounts.
Contractual Services: Artists' Fees for Entertainment, Rentals, Sound and lighting,
Technicians, Facility layout, and security costs
Operational Expenses: Insurance and advertising
Other Miscellaneous expenses relating to the project
5. Estimated Lump Sum Total for projecVprogram $ 88.000
6. ProjecVProgram Initiation date (date of first invoice for which reimbursement will
be requested) and End date (date which projecVprogram will be completed and
all invoices paid). This will become the project time frame. 1" Julv 2005 to
30.h June 2006 day/month/year
day/month/year
(Note: Invoices and copies of proof of payment documents are required for
ProjecVprogram reimbursement. All invoices and checks must be dated within the
stated projecVprogram time frame AND Categories for ProjecVProgram Elements
must be listed in Section 3 above in order to be eligible for RAP reimbursement.
7. Additional Comments if desired:
Amount of Recreation Assistance Program Funding awarded $
$12.500
District 4 ($2.500)
District 7 ($10.000)
(filled in by County)
Form available online by request. Contact Susan Yinger at syinger@pbcgov.com
EXHIBIT A
Page2of2
-,
\kJ
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
EXHIBIT B
CONTRACT PAYMENT REQUEST
Date
Grantee
Project Name:
Submission #:
Reimbursement Period:
Item
~
Project Costs
This Submission
Cumulative
Project Costs
Contractual Services
(e)
Salary & Wages (% of salaries)
(S)
Materials, Supplies, Direct Purchases
(M)
Equipment
(E)
Travel
(T)
Indirect Costs
(I)
TOTAL PROJECT COSTS
o
o
Kev Leaend
:"C";;;'contractU-afseNices'. ..
! S = Salary & Wages
: M = Materials, Supplies, Direct Purchases
: E '" Equipment
: T:Travel
l I :: Indirect Costs
Certification: I hereby certify that the above
expenses were incurred for the work identified as
being accomplished in the attached progress
reports.
Certification: I hereby certify that the documentation has
been maintained as required to support the project
expenses reported above and is available for audit upon
request.
Date
Administrator
Date
Financial Officer
PBC USE ONLY
County Funding Participation
$
Total Project Costs To Date:
$
County Obligation To Date
$
County Funds Previously Disbursed
$
$
County Retainage <_ %)
County Funds Due this Billing
$
Reviewed and Approved By:
PBC Project Administrator
Date
Department Director
Date
G:\SYINGER\FORMS\4 Pg - Exhibit B.xls
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MEMORANDUM
TO:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER u;v1
AGENDA ITEM # '8'E - REGULAR MEETING OF DECEMBER 13. 2005
PURCHASE ORDER INCREASE/BOYD STUART BOGGESS
FROM:
SUBJECT:
DATE:
DECEMBER 9, 2005
This is before the Commission to approve an increase of $10,350.00 to purchase order #630780,
Boyd Stuart Boggess, for the completion of repairs to the parapet roof enttyway at Fire Station #1.
Purchase order #630780 was originally awarded to Boyd Stuart Boggess in the amount of $9,200.00
to repair the parapet roof front enttyway of Fire Station #1 due to leaking and mold problems. The
extent of the damage and additional work requirements was to be determined upon initial demolition.
On November 28, 2005, a second proposal in the amount of $10,350.00 was submitted by Boyd
Stuart Boggess for materials and labor to complete all additional repairs. The additional work would
increase the total amount of the purchase order to $19,550.00.
Funding is available from 334-6112-519-46.10 (General Construction Fund/Renewal & Replacement/
Building Maintenance).
Recommend approval of an increase of $10,350.00 to purchase order #630780, Boyd Stuart Boggess,
for the completion of repairs to the parapet roof enttyway at Fire Station #1.
S:\City Clerk\agenda memos\PO Increase Boggess 121305
MEMORANDUM
TO:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manager ~
Joseph Safford, Finance Director
FROM:
THROUGH:
DATE:
December 06, 2005
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
DECEMBER 13,2005 - PURCHASE ORDER INCREASE
FOR BOYD STUART BOGGESS FOR REPAIRS TO FIRE
HEADQUARTERS ROOF
Item Before Commission:
City Commission is requested to approve the increase of purchase order #630780 by $10,350 for
additional roof work to be done on the front parapet at Fire Station #1 due to a leaking problem.
Background:
Purchase order #630780 was originally awarded to Boyd Stuart Boggess to repair the parapet
roof front entryway of Fire Station #1, replace roof drains, rusted frame work, replace drywall
where necessary, paint, and add a vent to area due to leaking and built-up mold for the total
amount 01'$9,200 approved by Acting City Manager on September 22,2005.
The extent of the damage was to be determined upon initial demolition if entire roof was to be
redone or any other additional work was required.
A second proposal has been submitted by the vendor dated November 28, 2005 to furnish the
materials and labor to complete all the additional necessary repairs for the total amount of
$10,350 (see attached proposal for breakdown of work). This additional work would increase the
total amount of the purchase order to $19,550.
Recommendation:
Staff recommends the increase of $10,350 to purchase order #630780 for the completion of the
repairs to the parapet roof over the front entryway of Fire Station # I. This change order would
bring the total of the purchase order to $19,550. Funding from account code #334-6112-519-
46.10.
Attachments:
Memo to City Manager
Proposal from Vendor
Purchase Order #630780
PROPOSAL ..
Boyd Stuart Boggess
License #CGC60433
Custom Woodwork, Construction Management
777 E. Atlantic Ave. Suite Z #227 Delray Beach, FL 33483 (56I) 245-1193
po.. po 7,f-n
Proposal No. 01
Sheet No.01
Proposal Submitted To
Name City OfDe1ray Beach
Street 434 S. Swinton Ave.
City Delray Beach,
State Fl.
Telephone Number 561 243. 7339
Work To Be Performed At
Street Fire Station #1
City
State
Date of Plans
Architect
We hereby propose to furnish the materials and perform the labor necessary for the completion of
Reroof front parapet at Fire Station # I
Entire work is to be encapsu1ated while any interior work is being done
All precast stone work and copper cap is to be removed and replaced as necessary after work
has been completed.
Roofmembrane is to be stripped to wood and both 3" drains replaced
Entire area is then to be reroofed
Entryway wall is to be stripped to block of any wet or damaged drywall allowed to dry reinsulated
dtywalled and painted. Drywall is only included over door anything more will be billed as an extra
for an additional 2700.00
As an alternative drains can be eliminated, roof pitched and a copper scuttle with down spout installed
50% upon signing, 25% upon reroof, 25% upon completion
All material is guaranteed to be as specified, and the above work lobe perfouued in accordance with the drawings and
specifications submitted for above work and completed in a substantial workmanlike manner for the sum of
liars ( I 35
With payments to be made as follows:see above
Any alteration or deviation from above specifications involving extra cost Respectfully submitted
will be executed only upon written order. and will become an extra charge
over and above the estimate. AIl agreements contingent upon strikes, acci-
dents, or delays beyond our control Venue for any litigation necessary to enforce
this contract shall be Palm Beach County, Florida. Owner agrees to reimburse
Contractor for any and all expenses he incurs as a result of litigation or legal
proceeding be pursues to enforce this contract, inClUding but not limited to,
attorney's fees and court costs.
Per
Note: This proposal may be withdrawn ifnot
accepted within days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payments will be made as outlined above.
Signature
Date
Signature
Past Due Accounts will be cbarged at 1.5% per month.
MEMORANDUM
PO.&307fO
TO: Joseph Safford, Acting City Manager
FROM:
Jacklyn Rooney, Purchasing Manager
~
DATE:
September 22, 2005
SUBJECT: Repairs - Fire Station #1 Parapet Roof
The Director of Environmental Services is requesting approval for mold removal and repairs
to the roof deck drain which is leaking at the Fire Department Headquarters to Boyd Stuart
Boggess for the total amount of $9,200 per attached memo dated September 21, 2005.
Boyd Stuart Boggess was contracted by the City to eliminate mold conditions at the Fire
Department Headquarters approximately eighteen (18) months ago. Recently the mold
condition was discovered again in the same area of the building.
Public Works immediately contacted Boyd Stuart Boggess to asses this area thinking that
their was a warranty for the previous work completed. As the vendor was removing the mold
from this affected area, it was determined that the roof deck drain was leaking and their was
rust damage which needed to be replaced.
The vendor has submitted at proposal to remove the mold, repair the roof deck drain, adding
a vent to the effected area, replace all drywall, and paint the entire area for a total amount of
$9,200 per attached proposal dated September 21,2005.
Purchasing Staff recommends the approval to Boyd Stuart Boggess for the painting and
repairs of the roof deck drain and mold removal at the Fire Department Headquarters for the
total amount of $9,200 as a sole source vendor based on the fact that the vendor is currently
removing the mold condition.
Funding from Account Code 334-6112-519-46.10.
If you approve, please sign below and return to Purchasing.
r J~
'--)~
Acting City Mager
q/VL)~-
, Date
Attachments
AGENDA ITEM NUMBER:
~
AGENDA REQUEST
Request to be placed on: December 13, 2005
Date: December 05, 2005
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve an increase of $1 0,350 to purchase order #630780 with Boyd Stuart Boggess for repairs
to parapet roof entryway at Fire Station #1 for a total of $19,550.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approval for increase of $10.350 to purchase order $630780 with Boyd Stuart Boggess for
repairs to parapet roof entryway at Fire Station #1 for a total amount $19,550.
Funding from account code 334-6112-519-46.10 (General Construction, Renewal &
Replacement, Building Maintenance)
Department Head Signature: :::.;-: ~~
Determination of Consistency with Comprehensive PI~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agende4 No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM - REGULAR MEETING OF DECEMBER 13. 2005.
RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD
DATE: DECEMBER 9, 2005
The term for Mr. Mark Krall, representative of the Planning & Zoning Board, expired on
July I, 2005. The Planning & Zoning Board reappointed Mr. Krall on November 22,
2005, as their representative on the Parking Management Advisory Board for a two (2)
year term ending July I, 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 (WARC) 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. Krall is registered.
Recommend City Commission approve and ratify the reappointment of Mr. Krall,
representative of the Planning & Zoning Board for a two (2) year term ending July I,
2007.
~~
PARKING MANAGEMENT ADVISORY BOARD
12/05
TERM MEMBERS CATEGORY TELEPHONE
EXPIRES
08/31/05 Mark Krall, Chair P&Z Home: 330-0215
Appt 09/09/03 1405 S Federal Hwy #141 Office: 276-7424
Reappt 11/22/05 Dekay Beach, FL 33483 Fax: 278-6909
08/01/06 Ronald Radabaugh Chambers Office: 243-3073
Appr Unexpired tenn- 976 Banyan Drive Home: 279-9555
03/20/01
Reappt 07/02/02 Dekay Beach, FL 33444 Fax: 274-4849
Reappt 07/20/04 EmaiI: chefron2lalaol.com
07/01/07 Thomas F. Carney, Jr. CRA Office: 330-8140
Appt 07/24/03 1219 Vista Del Mar Drive Home: 272-5010
Ratified 08/19/03 Dekay Beach, FL 33483 Cell: 330-8233
Reappt 07/28/05
Ratified 09/06/05
09/30/04 WARC Fax:
Vacant Cell:
Email:
08/01/06 Richard Sheremeta, V-Chair DDA Office: 243-8700
Appt 08/06/02 310 Southeast First Street Home: 265-1576
Reappt 07/20/04 Dekay Beach, FL 33483 Email:
rs hwsralbellsouth.net
The representatives above are ratified by the City commission.
The reoresentatives below are aooointed bv the City Commission.
01/31/06 Nancy Iierle Atlantic Avenue Cortidor Office: 278-3399
Appt 02/19/0 429 East Atlantic Avenue Between Swinton Avenue Home: 272-3323
Reappt 01/06/04 Dekay Beach, FL 33483 and Intracoastal Fax: 278-3399
01/31/06 Jeannette Dobson Atlantic Avenue Corridor Office: 243-1794
Appt 02/01/05 Unexp 700 W. Atlantic Avenue Between Swinton Avenue Home: 637-4074
Dekay Beach, FL 33444 and Interstate 95 Cell: 445-1694
Fax: 637-1675
01/31/06 Jorge Ramos Atlantic Avenue and State Office: 789-5668
Appt 01/06/04 34 South Ocean Blvd. Road AIA Corridors and Home: 338-0690
(resumed his term) Dekay Beach, FL 33483 lying East of the EmaiI:
Intracoastal Waterway lorg:e@CaffcLundaRosa.co
m
01/31/06 (Wilbur) Joe Gillie Old School Square Office: 243-7922
Appt 02/19/02 51 North Swinton Avenue Historic Arts Disrtict Home: 272-7933
Reappt 01/06/04 Dekay Beach, FL 33444 Fax: 243-7018
EmaiI:
ditectorlflloldschool.orn
01/31/07 Melvin Sacharow Cirizen-at-Large Office:
ApptOl/07/03 2560 Riviera Drive Home: 243-2857
Reappt 01/04/05 Dekay Beach, FL 33445 Cell: 445-6863
EmaiI:
melsacharowlflliuno.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 Dekay Beach, FL 33483 Fax: 265-0816
EmaiI:
Troy.D.Wheat@SmithBarn
ey.com
Contact: Scott Aronson - Parking Management Specialist 243-7286
Corrunission Liaison: Patricia Archer
PARKING MANAGEMENT ADVISORY BOARD
ALTERNATE MEMBERS
12/05
TERM MEMBERS CATEGORY TELEPHONE
EXPIRES
08/31/06 oseph Pike i>&Z Home: 243-0060
App,07/06/04 15 Lake Eden Way Office: 274-6500
Delray Beach, FL 33444 Fax: 274-8558
08/01/06 David Cook Chambers pffice: 276-4194
Appt 07/06/04 01 Southwest 33"' Place frome: 732-4193
Boynton Beach, FL 33435 Fax: 276-4190
07/01/06 Brenda Montague CRA pffice: 278-0300
App' 07/06/04 <443 S Coral Trace Circle frome: 272-0257
Delray Beach, FL 33445 ~ell: 703-7997
09/30/06 Roasalind Murray WARC pffice:276-8640
App,07/06/04 138 Via Poinciana #411
Lake Worth, FL 33467
08/01/06 Perry DonFrancisco DDA pffice: 278-3364
App,07/06/04 ~o S Ocean Blvd lHome: 361-8284
Delray Beach, FL 33483 Fax: 278-3328
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Patricia Archer
DElRAY BEACH
~
m~
. 1993
'. 2001
<3\ L\jol ~._-
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
City
City
",,~p.\'-.
&x.n
RECEIVED
AUG - 4 2005 .
RK
PI"""e or riJ;J.t the folio' info=tion:
1. Last N:une:
Nlltoe
~
2- Home Address:
o
3. LegaI. Residence:
~ p.s. A
I 4- Ptincipal.Business Address: State
L-IS"\"\c.',C.. <\. ...~~(..'- Pt'r 0 --c..h FL
'" 'Ia ~. ~+\Cl Y\ \C.. /l.~e.. J ~-
5. Home Phone: 'Business Phone: E-Moi1 Address: Fax:
$"lci)33()- O}\ St.\) ~ib-;4)o'\ m.~t'\\\\€.ft\lWI " "70~ -~;SO ;2'78- 6.'101
6_ Ateyouuegisteredvoter? . (.~ If so, where are you registered? PMrr'\ f2,f.~~ CO.
7. What BoaJ:d(s) are you intetested in scrrittg? Ple2se list in oroo o~ prcf=ce:
PI..AM\A~ t\ eOllJ11UX P~lt,,\"-ICI;" m~M\(:T~ i3()A~t;)
8. List oil City' Boards on which you lU:e cw:rendy serving or b..ve previously served: (Please include &tes)
~~'t(c.ur~) ~~..
9. Educational q=Ufi<:o-tions:
("",,~) ~-'2-
Bc\. R~
88-l?l
10. List any %elated professio
LL
tions and licenses wbich YOIl hold:
f' L.09- \ OPt- B A
11. Give your rn:ese.nt, or tnost recent employer, <lDd p<;>sitiott
L..\ S,\t..~ .... \(.(.~LL pA- ) p~ ~
'12. Describe cxpetiences, skills or knowledge which qwilify you to serve on this 00"" . (pka.se:ll:b.ch 0. brief resw:nc) .
.JM
I hctcbyeel: that oil the. e sb.tc:meo.ts ""e true, 2lld I "€,tee =d undecstUl t =y misstatancnt of lUlltcIial focts
contained in this application =y cause forfeiture upon my part of =y appointmCtlt I may recci"e,
. ~\A..\ oS"
DATE \ \ .
.
.
.
.
J./V'I
~~
~~cl~~cnJ
SIGNA~ .
Note: This o.l'plication will remain on file in th.e-CityOedt's Office fora. period of2 y= from the date it was
submitted. It will be the o.pplicant's responsibility to ensuie.tho.t ll. alttent application is on file. .
san"aJlaI:l8OABJ:J\AI"fUCAnON
. .
EDUCATION:
HONORS:
PROFESSIONAL
EXPERIENCE:
5/87-Present
10/84-5/87
9/82-10/84
COMMUNITY
INVOLVEMENT:
MEMBERSHIPS:
MARK L. KRALL
LISTICK & KRALL, P.A.
616 E. Atlantic Avenue
Delray Beach, FL. 33483
(407) 276-7424
LUot-TAXATION
1982, University of Miami, Coral Gables,
Florida - Top 12%
JURIS DOCTOR
1981, Nova Law Center, Ft. Lauderdale,
Florida - Top 25%
BBA-ACCOUNTING 1978, University of Miami, Coral Gables,
Florida - Top 10%
Beta Gamma Sigma - National Honorary Business Fraternity
Beta Alpha Psi - National Honorary Accounting Fraternity
Alpha Lamda Delta - National Freshman Honor society
LISTICK & KRALL, P.A., Delray Beach, Florida
Practice of law in the areas of Residential and Commercial
Real Estate, including Zoning and Mortgage Finance, Estate
P.lanning, wills and Trusts, Probate, Federal, State and
International Taxation, Condominium Law and Corporate Law.
RHOADS & SINON, Boca Raton, Florida
Practice of law in the areas of Residential and Commercial
Real Estate, Estate Planning, wills and Trusts, Probate,
Federal, State and International Taxation, Condominium Law and
Corporate Law.
PgICE WATERHOUSE, Miami, Florida
Senior tax accountant and consultant in all areas of Federal,
State and International Taxation, including practice before
the Internal Revenue Service at the District Level.
Chairman, Planning and Zoning Board, city of Delray Beach,
1990-1993; Member, Board of Adjustment, City of Delray Beach,
1988-1990; Board of Directors, Delray Beach Chamber of
Commerce, 1991-1993.
Palm Beach County Bar Association, Florida Bar Association.
~
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
pffITY MANAGER
AGENDA ITEM # <6\::7 - REGULAR MEETING OF DECEMBER 13. 2005
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /
LATITUDE
SUBJECT:
DATE:
DECEMBER 9, 2005
This is before the Commission to authorize the City to act as the utility permit applicant for water and
sanitary sewer service connections within the state right-of-way for Latitude, located at the northwest
comer of US 1 and Undell Boulevard; and approve a hold hannless agreement with the developer
(Savion Holdings, LLC).
The water and sewer lines are tying into existing mains on US 1 and Undell Boulevard. The water
main is within the state right-of-way. The Florida Department of Transportation requites the City to
act as the utility permit applicant. The proposed agreement provides that the developer will hold the
City hannless for the general work to be performed under the permit.
Recommend approval of the hold hannless agreement for work performed within the state right-of-
way between the City and Savion Holdings, LLC.
S:\City Clerk\agenda memos\Hold Harmless Agmt Savioo Latitude 121305
~<>t
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO: David T. Harden, City Manager
FROM: Jill Skaggs, Asst. City Engineer c;r.;r
DATE: December 6,2005
SUBJECT: Hold Harmless Agreement for FOOT Utility Permit
Latitude
Please find attached a hold harmless agreement for work performed within the state
right-of-way. Water and sanitary sewer services are proposed to be connected for
Latitude, located at the northwest corner of US 1 and Lindell Boulevard. The water and
sewer lines are tying into existing mains on US 1 and Lindell Boulevard, respectively.
The water main is within the State right-of-way and the Florida Department of
Transportation requires the City to act as the utility permit applicant. The attached
agreement, which will be reviewed and approved by the City of Delray Beach City
Attorney, holds the City harmless for the work performed under the permit.
Also attached is a site location map.
If the attached agreement is acceptable, please place it on the December 13, 2005
meeting for commission approval.
Enc
Cc Brian Shutt, Assistant City Attorney
Richard Hasko. Director of Environmental Services
Randal Krejcarek, City Engineer
Caroianne Kucmerowski
T AC File
Agenda File, December 13, 2005
S:\EngAdmin\TAC\Latitude\hold harmless agenda memo. doc
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE STATE RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT is entered into this _ day of
, 2005 by and between the CITY OF DELRAY BEACH, FLORIDA,
(hereinafter referred to as "CITY") and SavioR HoIdiRes. LLC
, (hereinafter referred to
as "DEVELOPER").
WIT N E SSE T H:
WHEREAS, DEVELOPER wishes to install/construct improvements in the right-of-
way of the State of Florida; and
WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to
allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the work
performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work performed in the State right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt
of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and
the State, their agents, officers, employees and servants from any and all claims, suits, causes of
action or any claim whatsoever made, and damages, including, but not limited to reasonable
attorney's fees and costs at the trial and appellate levels, which may result from any activity
conducted by DEVELOPER, its contractors or agents in relation to the work performed in the
State right-of-way and as more particularly shown on the engineering plans submitted for the
development known as Latitude
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be constructed in accordance with the applicable codes of the City of Delray
Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in
effect for one year from the date of final acceptance. Unremedied defects identified for
correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part ofthe obligations of the guarantee and warranty. Defects in the installation or
construction of the utility improvement, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied portion of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall
deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER
in the DEVELOPER'S faithful observance of the guarantee.
4. DEVELOPER, shall supervise and direct the installation and construction of the
improvement, applying such skills and expertise as may be necessary to perform the work in
accordance with the approved engineering plans. DEVELOPER shall be solely responsible for
the means, methods, techniques, sequences and procedures of the construction and installation of
the improvement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
2
6. This Agreement constitutes the entire agreement and understanding of the parties,
as it pertains to the construction or installation of the utility. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
7. DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amount required by law and general liability insurance in the amount of one million dollars
($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY
and the State as additional named insureds. DEVELOPER or its contractor shall provide this
information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to
commencing installation or construction.
8. DEVELOPER shall be bound by all the terms and conditions found in the Utility
Permit Application between the CITY and the State for this project and attached hereto as
Exhibit "A".
9. This agreement shall not be valid unless signed by the City's Mayor and City
Clerk.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
City Clerk
Approved as to Form:
By:
City Attorney
3
WITNESSES
Developer:
Savion Holdinl!s. LLC
By:
!sack MerenfeId. Member
(Print or Type Name)
Address: 766 SE 5th Avenue
Delrav Beach. FL 33483
Phone: (561) 243-3352
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument
, 2005 by
officer or agent) of
acknowledging), a
of the corporation.
was acknowledged before me this _ day of
(name of officer or agent, title of
(name of corporation
(state or place of incorporation) corporation, on behalf
He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take
an oath.
Signature of Notary Public-
State of Florida
4
CXH/i5/T
....A"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY PERMIT
FORM 71().()1G-85
UTILITIES
OGC-08lO4
PERMIT NO.: I SECTION NO.: STATE ROAD COUNTY Palm Beach
FOOT construction is proposed or underway. 0 Yes 181 No Financial Project 10:
Is this work related to an approved Utility Work Schedule? DYes 181 No If yes, Document Number:
PERMITTEE: City of Defray Beach
ADDRESS: 434 S Swinton Avenue TELEPHONE NUMBER: (561) 243 - 7303
CITY/STATE/ZIP: Delray Beach, FL, 33444
The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FOOT. to construct,
operate and maintain the following: Connection of proposed 10" Water Main to existing 10" W.M_ in the FOOT right-of-way.
FROM: 360' N of Lindell Blvd. on the westside of US-1 T TO: Property adjacent NW comer of Lindell Blvd & US-1
Submitted for the PERMITTEE by: Brian Beckers, PM EnviroDesign ~u. 4fJ;./ 11-23-05
Name and Title Signature Date
/Tvned or Printed Leniblvl
1. The Pennittee declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground,
are accurately shown on the plans and a letter of notification was mailed on 11/22/05 to the following utilities known to be involved or potentially impacted in
the area of the proposed installation: Adelohia.Bell South. Boca Traffic Oelrav Beach Water & Sewer.FL Public Uti FPL Palm Beach Traffic.
2. The local Maintenance or Resident Engineer, hereafter referred to as the FOOT Engineer, shall be notified a minimum oHorty eight (48) hours in advance
prior to starting work and again immediately upon completion of work. The FOOT's Engineer is~, located at_, Telephone Number _' The
Permittee's employee responsible for MOT is _, Telephone Number _' (This name may be provided at the time of the forty eight (48) hour advance
notice prior to starting work).
3. All work, materials, and equipment shall be subject to inspection and approval by the FOOT Engineer.
4. All plans and installations shall conform to the requirements of the FOOT's UAM in effect as of the date this permit is approved by FOOT, and shall be made
a part of this permit. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
5. This Permittee shall commence actual construction in good faith within.2Q days after issuance of permit, and shall be completed within 325 days after the
permitted work has begun. lfthe beginning date is more than sixty (60) days from the date of permit approval, the Permittee must review the permit with the
FOOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction.
6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee.
7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall
not operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements.
8. Pursuant to Section 337.403(1), Florida Statues, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that is found by
FOOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of
such public road or publicly owned rail corridor shall, upon thirty (30) days written notice to the utility or its agent by FOOT, be removed or relocated by such
utility at its own expense except as provided in paragraphs (a) and (b), and except for reimbursement rights set forth in previously executed subordination
and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility.
9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FOOT's construction work, the Permittee will
coordinate with the FOOT before proceeding and shall cooperate wjth the FOOT's contractor to arrange the sequence of work so as not to delay the work of
the FOOT's contractor, defend any legal claims of the FOOT's contractor due to delays caused by the Permittee's failure to comply with the approved
schedule, and shall comply with all provisions of the law and the FOOT's current UAM. The Permittee shall not be responsible for delay beyond its control.
10. In the case of non~compliance with the FOOT's requirements in effect as of the date this permit is approved, this permit Is void and the facility will have to be
brought into compliance or removed from the RNV at no cost to the FOOT, except for reimbursement rights set forth in previously executed subordination and
Railroad Utility Agreements. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be
entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend,
and save harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense arising in any manner on account of the
exercise or attempted exercises by said Permittee of the aforesaid rights and privileges.
12. During construction, all safety regulations of the FOOT shall be observed and the Permittee must take measures, including placing and the displayofsafety
devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD, as amended for
highways, the requirements of the Standard Application Package for railways, including flagging services and Railroad Protective Insurance or acceptable
alternative, when applicable, and the FOOT's Oesign Standards, Indexes 600-670, and Standard Specifications for Road and Bridge Construction, Section
102, as amended by the UAM. When a Utility deems it necessary to conduct Traffic Control activities and methods significantly different from those
addressed in the above references, the Utility must submit an alternative plan signed and sealed by a licensed Florida professional engineer qualified to
develop TCP in accordance with the provisions of Chapter 8 of the UAM.
13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this permit acknowledges its present and
continuing ownership of its utilities located between Lindell Blvd and Sherwood Honda within the FOOT's RNV as set forth above. Whenever the Permittee
removes its facilities, it shall be at the Permittee's sole cost and expense. The Permittee, at its sole expense, shall promptly remove said out of service
utilities whenever the FDOT determines said removal is in the public interest.
14. In the event contaminated soil is encountered by the Utility or anyone within the permitted construction limits, the Utility shall immediately cease work and
notify the FOOT. The FOOT shall coordinate with the appropriate agencies and notify the Permittee of any suspension or revocation of the permit until
contamination assessment and remediation, as appropriate under Rule Chapters 62-770 and 62~730 Florida Administrative Code, has progressed to a state
that all environmental regulatory agencies having jurisdiction have approved the site of the contamination for resumption of work.
15. For any excavation, construction, maintenance, or support activities performed by oron behalf of the FOOT, within Its RlW, the Permittee may be required by
the FOOT or its agents to perform the following activities with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities,
provide any necessary support to facilities and/or cover aerial facilities as deemed necessary.
16. Pursuant to Section 337.401 (2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the
permit. The FDOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered
into pursuant thereto.
17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the
installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense,
Page 1 of2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY PERMIT
FORM 710~1Q-85
UTILITIES
OGe _ 08104
restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is
authorized to do so and charge the cost thereof against the owner under the provisions of 5.337.404.
18. The Permittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention and Safety Act.
19. Special FDOT instructions: _
It is understood and agreed that commencement by the Pennittee is acknowledgment and acceptance of the binding nature of all the above listed permit
conditions and special instructions.
20. Receipt of this permit acknowledges responsibility to comply with Section 119.07(3), Florida Statutes, and UAM Chapter 4.5.2, regarding Exempt Documents
and Security System Plans Requests.
21. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Rule
14-46.001, for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and signified to by checking the
appropriate box below) by a separate attached written document showing aU changes and the written and dated approval of the FDOT Engineer. Are there
attachments reflecting change/s to the standard form? IZINO DYES If Yes, _ pages are attached.
PERMITTEE
Richard Hasko, P.E.,Director Enviromental Services SIGNATURE
Name & Title of Authorized Permittee or Agent
T ed or Printed Le ibl
APPROVED BY:
District Maintenance Engineer or Designee
UTILITY PERMIT FINAL INSPECTION CERTIFiCATION
DATE:
DATE WORK STARTED:
DATE WORK COMPLETED:
INSPECTED BY:
(Permittee or Agent)
CHANGE APPROVED BY: I DATE:
District Maintenance Engineer or Designee
I the undersigned Permittee do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance with
the approved plans made a part of this permit and in accordance with the FOOT's current UAM. AU plan changes have been approved by the FOOT's Engineer and
are attached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun.
PERMITTEE:
Name & Title of Authorized Pennittee or Agent
ed or Printed Le Ibl
SIGNATURE:
DATE:
cc: District Permit Office
Permittee
Page 2 of 2
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ENVIRONMENTAL SERVICES DEPARTMENT
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LATITUDE LATITUDE
TAC
1 OF 1
Date:
December 6. 2005
AGENDA ITEM NUMBER:
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AGENDA REQUEST
Request to be placed on:
---1LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: December 13. 2005
Description of Agenda Item (who, what, where, how much):
Commission approval/authorization for Mayor to execute hold harmless agreement
with Savion Holdings, LLC for water service work performed within the state right-of-
way. Water and sanitary sewer services are proposed to be connected for Latitude,
located at the northwest corner of US 1 and Lindell Boulevard. The water and sewer
lines are tying into existing mains on US 1 and Lindell Boulevard, respectively. The
water main is within the State right-of-way and the Florida Department of
Transportation requires the City to act as the utility permit applicant. The attached
agreement, which will be reviewed and approved by the City of Delray Beach City
Attorney, holds the City harmless for the work performed under the permit.
Staff Recommendation: ~oval
Department Head Signature: ( ... 9 e.~
1).-,--0$
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account BaIance:
Funding Alternatives:
N.A.
(if applicable)
City Manager Review: n
Approved for Agenda:~ / No
Hold Until:
Initials: 4
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Latitude\hold harmless agenda.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF DECEMBER 13. 2005
SERVICE AUTHORIZATION NO.7 /MATHEWS CONSULTING. INC.
DATE:
DECEMBER 9, 2005
This is before the Commission to approve Service Authorization No.7 to Mathews Consulting, Inc.
in the amount of $41,171.00 for consulting services requited for the development of the Temple Park
Site as a neighborhood park.
The scope of the service authorization includes formalization of the proposed park site plan,
consistent with the program in the Parks & Recreation Bond, to include passive playfields and open
space, picnic pavilion, decorative fountain, playground equipment, benches, and site landscaping
improvements and associated irrigation.
Funding is available from 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks).
Recommend approval of Service Authorization No.7 to Mathews Consulting, Inc. in the amount of
$41,171.00 for consulting services requited for the development of the Temple Park Site as a
neighborhood park.
s: \City Clerk\agenda cover memos\SA 7 Mathews Temple Park 121305
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City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
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www.myde/raybeach.com
TO:
David T. Harden, City Manager
v
FROM:
Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: TEMPLE PARK DEVELOPMENT
DATE: December 7, 2005
Attached is Service Authorization /17 for Mathews Consulting for provISIon of professional
consulting services required for the development of the Temple Park site located on Coral Trace
Boulevard immediately north of Temple Sinai and west of Atlantic High School. The scope of this
agreement includes formalization of the proposed park site plan which will include passive playfields
and open space, picnic pavilion, decorative fountain, playground equipment, benches, and site
landscaping improvements and associated irrigation.
The consultant will provide materials necessary for submittal to the Plan Review and Approval
Board (SPRAB) for site plan approval. The contract scope also includes comprehensive site survey
activities including boundary, topography and locations of all existing site improvements.
Construction documents for the described park improvements will be prepared under this scope as
well as acquisition of all necessary permits to perform the work.
The proposed schedule for completion of activities included in this scope is designed to accommodate
a construction start date in June, 2006, in coordination with the related project for culverting of the
L-33 Canal to expand space available for passive park use.
The fees for this proposal total $47,171, and the current project construction budget is approximately
$354,000. Funding for this agreement is available in Parks & Recreation Bond account #380-4150-
572-63.23, Neighborhood Parks.
Please place this item on the December 13, 2005 agenda for consideration by Commission.
Cc: Joe Weldon, Parks & Recreation Director
Jill Skaggs, Assistant City Engineer
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.
7
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE:
CITY PROJECT NO.
MATHEWS CONSULT. PROJECT NO. 1327
TITLE:
Temole Park
This Service Authorization, when executed, shall be incorporated in and shalI become an integral
part of the Contract.
TITLE:
Agreement for General Consultinl! Emrineerinl! Services
I. PROJECT DESCRIPTION
The project includes the development of an approximately three (3) acre parcel of Iand
owned by the City of DeIray Beach into a passive neighborhood park. The City had
budgeted approximately $354,000.00 for the development of the Park. The components
of the park are based on the Conceptual Master Plan (prepared by Durr and Associates,
Inc.) in February 2005. Three (3) design concepts for the park were described in the
Conceptual Master Plan with the "Naturalistic Design" being chosen by the City. The
components of the park may include:
· Passive playfieldlgreen space
· Picnic Pavilion
. Landscape
· Decorative Fountain
· Grading/Reshaping of Existing Pond
. Irrigation
. Various Site Furnishings
. Playground
. Parallel Parking
The scope of this Service Authorization is, but not limited to providing surveying
services, preliminary design (e.g. finalization of the Conceptual Master Plan), 60% and
100% design, site plan approval, permitting, and bidding services for the Temple Park.
contractternplepark 12/06/05
I
II. SCOPE OF SERVICES
Phase I - Study and Report Phase
Not Applicable.
Phase II - Preliminary Desio Phase
Consultant shall provide preliminary design phase services in accordance with Article
m.c of the Agreement for Engineering Services with the City, dated April 20, 2004.
I. Consultant shall complete the selected Master Plan park concept including
updated construction cost opinion and submit to the City for review and approval.
2. Based on comments from the City, the Consultant shall revise the Conceptual
Master Plan and the Conceptual Opinion of ProbabIe Cost and submit to the City.
This approved Conceptual Master Plan shall serve as the basis for the
Construction Documents.
3. Consultant shalI review the surface water management system design for the
existing lake and ensure the reconfigured lake will have sufficient capacity for
required water quality and storage.
Phase III - Final Desio Phase
Consultant shall provide final design phase services in accordance with Article m.c of
the Agreement for Engineering Services with the City, dated April 20, 2004.
I. Consultant shalI prepare construction drawings which shalI include: cover sheet,
general notes, site grading and drainage pIans, utility plans, electrical (fountain
and irrigation) plans, irrigation plans, landscape plans, hardscape plans, and detail
sheets conforming to the requirements of the current City of Delray Beach
Minimum Construction Standards. The drawing scale shall be I" = 20' for plan
view only. Profile drawings will not be prepared.
2. Contract documents consisting of "front-end" documents and technical
specifications shall conform to City of Delray Beach Standards and the FDOT
Standard Specifications for road and bridge work.
3. Drawings and specifications (four copies) shall be submitted for City review at
60% and 100% stages. Consultant shall meet with the City to discuss comments,
and incorporate comments into final documents.
4. At the 60% and 100% stages, Consultant shall prepare a detailed opinion of
probable construction cost. The cost opinion shall reflect changes in general
contracttemplepark 12/06/05
2
scope, extent or character of design requirements incorporated during the various
design review stages.
Phase IV - Biddinl!!Neeotiation Phase
1. Consultant shall assist City in advertising for and obtaining bids or negotiating
proposals for construction (including materials, equipment and labor). It is
anticipated that work shall be awarded under a singIe construction contract.
Consultant shall provide twenty (20) sets of bidding documents to the City to
issue bid package. The City shall receive and process deposits for bidding
documents and shall maintain a record of prospective bidders to whom bidding
documents have been issued.
2. Consultant shall attend mandatory pre-bid conference and provide a written
summary of issues discussed.
3. ConsuItant shall issue addenda and shall provide supplemental information or
clarification, as appropriate, to interpret, clarify, or expand the bidding documents
to all prospective bidders during the bid period.
4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist
City in evaluating bids and proposals, and in assembling and awarding contract
for construction. Consultant shall submit to City a written recommendation
concerning contract award.
5. Consultant shall furnish all bid information to the City in eIectronic format to be
used in conjunction with "Demand Star".
Phase V - Construction Administration Phase
Not Applicable.
Other -Site Plan Approval and Permittinll
1. The Consultant shall prepare the appropriate information required for Site Plan
Approval by the City's SPRAB Board. The Consultant shall also attend one (I)
SPRAB meeting, make appropriate presentations as necessary and revise the site
plan for SPRAB approval. Note: Consultant shall make one (1) set of revisions
per SPRAB comments. Major revisions or additional modifications and/or
meetings shall be considered Additional Services.
Permit applications shall be completed as follows:
a. Lake Worth Drainage District (LWDD) -Drainage Review Permit.
contractlempleparkI2/06/0S
3
b. Florida Department of Environmental Protection (FDEP) - NPDES General Permit
for Stormwater Discharges from a Construction Site Notice of Intent (NOI) and
Notice of Termination (NOT).
c. South Florida Water Management District (SFWMD) - Modification to the existing
Standard General Environmental Resource Permit (ERP) and No-Notice Dewatering
Permit.
In addition to preparing the permit applications for appropriate regulatory agencies,
Consultant shall assist the City in consultations with the appropriate authorities during the
permitting process. Consultation services shall include the following:
· Attend up to one (I) pre-application meeting with the staff of LWDD and
SFWMD.
· Attend up to two (2) meetings with LWDD and SFWMD staff during review
of the final permit application.
. Respond to request(s) for additional information from LWDD, FDEP, and
SFWMD.
2. The Consultant shall present the Site Plan to the City Commission. Consultant
shall prepare exhibits to be used for the presentation.
Other - Survey
Consultant shall furnish the services of a professional surveyor to provide boundary and
topographical survey of the site. This shall include the following:
. Establish on-site benchmarks in accordance with NGVD 1929 Datum. Elevation
shall be tied to County Benchmark.
. Locate all above ground features, including adjacent walls.
· Locate above ground evidence of utilities, obtain rim and inverts where
accessible.
· Obtain spot elevations on an approximate 100' grid with apparent highs and lows
extending to centerline of Coral Trace Blvd.
. Eight (8) cross sections at on-site Iake.
. As-Built at control structure at canal and Coral Trace Blvd.
. Trees on-site and along Coral Trace Blvd.
ADDITIONAL SERVICES
Consultant shall provide additional engineering services as mutually agreed upon between
Consultant and City not covered under this Service Authorization. Additional Services may
include, but not be limited to:
contracttemplepark 12/06/05
4
. Permitting by other pennitting agencies
. Additional concepts
. Wetland delineation
Services performed under this task will be on as-directed basis in accordance with a written
Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the
following information and requirements.
. A detailed description of the work to be undertaken.
. A budget establishing the amount of the fee to be paid in accordance with the
Agreement.
. A time established for completion of the work.
III. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written notice-to-proceed).
Refer to Attachment A for project schedule.
Enlrineering Services
Phase II - Preliminary Design
Survey
Phase III - Final Design
Site Plan Approval/Pennitting
Bidding and Award
Time oer Phase
2 weeks
2 weeks
9 weeks
4 weeks
8 weeks
Cumulative Time
2 weeks
4 weeks
13 weeks
I7 weeks
25 weeks
IV. COMPENSATION
The compensation for services provided shalI be billed on an hourly basis plus reimbursable
expenses for each phase of work in accordance with Article VII, Method II, up to the following
not to exceed cost for each phase. Refer to Attachment B for budget summary.
Engineering Services
Estimated Fees
Phase III - Preliminary Design Phase
Phase III - Final Design Phase
Site Plan ApprovallPennitting
Surveying
Phase IV - Bidding
Out-of-Pocket Expenses
TOTAL PROJECT COST
$ 4,142.00
$ 25,526.00
$ 8,618.00
$ 3,850.00
$ 2,535.00
$ 2.500.00(1)
$47,171.00
Notes:
(I)Out-of-Pocket Expenses include the/ollowing: printinglreproduction and postage.
contracttempleparkI2/06/05
5
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas 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 the Service
Authorization approved by the City to be included as part of the contract without any further
notice to proceed.
Approve by:
CITY OF DELRA Y BEACH:
Date:
Jeff Perlman, Mayor
Attest:
Approved as to Legal Sufficiency
and Form
conttacttemplepark 12/06/05
MATHEWS CONSULTING, INC.
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STATE OF FLORIDA
COUNTY OF PALM BEACH
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The foregoing instrument was
aclatowledged before me this ~day
of l>:-C., 2005 by David L.
Mathews, Vice President of
Mathews Consulting, Inc., a Florida
corporation, on behalf of the
corporation. ~She is (personally
known to me) or (has produced
identification), Florida Driver's
License
and (did/did not) take an oath.
6
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AGENDA ITEM NUMBER:
~\\
AGENDA REQUEST
Date: December 7, 2005
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
December 13, 2005
Description of agenda Item:
Staff requests Commission approval of Service Authorization 'li7 for Mathews Consulting in the
amount of $41,171 for provision of consulting services required for development of the Temple
Park Site as a neighborhood park consistent with the program in the Parks & Recreation Bond.
Scope includes all surveying work, site plan formalization and submittal for approval, preparation of
construction documents necessary for bidding and contract award and subsequent construction of
the park site. Amenities include passive play fields, play ground equipment decorative fountain, a
picnic pavilion, benches and site landscaping with associated irrigation. Funding is available in
Partks & Rec Bond account #380-4150-572-63.23, Neighborhood Parks.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
N
N
Recommendation: Staff recommends app~
Department Head Signature: C~ _~ ~
Determination of Consistency with Comprehensive Plan:
(2. -1--- ~
City Attorney Review/Recommendation (If applicable):
Budget Director Review
(required on all items Involving expenditure of funds):
19
Funding available:
vJ;'
No
Account Number:
Funding alternatives (if applicable):
386 - <{ i3o- tJ72 t3r Z3
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Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
Yes
/A.(} IZ,~S-
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
[ITY DF DELIAY BEA[H
DElRAY BEACH
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All-America City
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1993 FROM:
DELRAY BEACH FLORIDA 33444
100 N.W. 1st AVENUE
.
MEMORANDUM
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
December 5, 2005
2001
DATE:
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
DECEMBER 13. 2005 - AMENDMENT REQUEST/LICENSE
AGREEMENT AMERICA'S CITY ENTERTAINMENT. LLC
ACTION
City Commission is being requested to approve an Amendment to the License
Agreement between the City and America's City Entertainment, LLC to change the
time by which concerts need to be booked from the end of December to the end of
February 2006.
BACKGROUND
Per the terms and conditions of this License Agreement entered into on September 23,
2005 the Licensee was required to book two (2) events within ninety (90) days of the
effective date of the Agreement.
Attached is an e-mail request I received from Ms. Nancy Stewart on behalf of Mr.
Morgan Russell requesting an extension of this time frame to book the events until the
end of February.
They feel that the concert series (2 events this fiscal year) are doable, but they
experienced delays due to Hurricane Wilma. If Commission approves this request a
formal amendment would be prepared for signature by the City Attorney.
RECOMMENDATION
Staff recommends consideration of the request to amend the License Agreement
between the City and America's City Entertainment, LLC to extend the time specified
for booking the first two (2) events until the end of February.
RAB/tas
File:U:SWEENEY / AGENDA
Doc: Agenda Item for License Agreement Tennis Stadium and Center Amendment
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
0/\
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561/243-7000
<6 I.
Page 1 of I
Barcinski, Robert
From: Nancy Stewart [nstewart@gate.net]
Sent: Friday, December 02, 2005 10: 57 AM
To: Barcinski, Robert
Cc: mruss2000@aol.com
SUbject: CONSENT AGENDA REQUEST - Dec. 13th Meeting
Bob,
Per our conversation yesterday, I am forwarding our written request...
We would like to request an extension to the 90 day agreement (which is due to expire at the end of December) to
the end of February 2006. We have been diligently working on the details necessary and have determined that
producing the concert series is doable. however, we have experienced about a 4 week delay due to the hurricane.
After meeting with Mayor Periman yesterday to update him on our progress, status, etc. of agreement to produce
a 2006 concert series at the Tennis Center, it was suggested that we request extension and to have it placed on
the Consent Agenda.
Thank you for your time and consideration. I will await your reply I date of meeting. Have a great weekend.
Nancy J. Stewart
AVENUE CREATIVE GROUP, INC.
10SE 1st Avenue, 2nd Floor
Delray Beach, FL 33444
(561) 274-4663 / Fax: (561) 274-6129
www.avenuecreative.com
www.dbgarlicfest.com
12/5/2005
"
LICENSE AGREEMENT
TmS AGREEMENT made thisrl~~ day of September, 2005, by and between the CITY OF
DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to
as "City") and America's City Entertainment, LLC, (hereinafter referred to as "Licensee").
WITNESSETH:
WHEREAS, City owns and controls certain land upon which is located the Delray Beach
Stadium, and hereinafter called "Stadium"; and
WHEREAS, Licensee wishes to hold certain non-tennis related Events at the Stadium; and
WHEREAS, City has determined that it is in the public interest to enter into an exclusive
agreement with Licensee for such Events to be held at the Stadium.
NOW, THEREFORE, it is mutually agreed as follows:
1. L1censefferm.
(a) Licensee has presented to the City that it would like to use the Stadium and
access ways in Consideration for the sole purpose of presenting ~vents and Promoting the image of The
City of Delray Beach. The term "Event(s)" is defined as all pop/rock/country/comedy/lecturesltheatrel
non tennis related sporting events and contemporary musical shows or concerts. A "Major Event" is an
Event where tickets are soId to a minimum of25oo persons.
(b) The License shall be for the exclusive use of the Stadium during the Event,
including an agreed upon time prior to and after the event. Licensee shall only hold Events at the Stadium
that have previousIy been approved by the City, as provided for herein. Licensee shall provide a
minimum of 3 Major Events annually during the term of this License provided however, Licensee shall
provide two Major Event during the first year of the Agreement which shall be booked within ninety (90)
days from the date of the Agreement. Licensee shall provide the City a minimum of 60 days notice prior
to each Event. Licensee will be responsible for confirming with the City the availability of the Stadium
for any EventS'that it may schedule. The City or other entities approved by the City shall be able to use
I
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE::r1
AGENDA ITEM / 1 - REGULAR MEETING OF DECEMBER 13. 200S
INTERLOCAL AGREEMENT IPALM BEACH COUNTY IBARWICK
ROAD
TO:
FROM:
DATE:
DECEMBER 12, 2005
Attached please find a revised Interlocal Agreement for Item 8.], Interlocal Agreement/Palm Beach
County/Barwick Road.
The major changes to the agreement are:
. The removal of the City's maintenance responsibility under #8
. Exhibit uA' is attached
S:\City Clerk\agenda memos\PBC Interlocal Barwick Rev 121305
INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND
THE CITY OF DELRAY BEACH
FOR INSTALLATION OF CURBING
ALONG THE WEST SIDE OF BARWICK ROAD
THIS INTERLOCAL AGREEMENT is made and entered into this day
of
. by and between PALM BEACH COUNTY. a political subdivision of the
State of Florida. hereinafter referred to as "COUNTY" and THE CITY OF DELRAY
BEACH, a municipal corporation of the State of Florida hereinafter referred to as
"CITY"
WITNESSETH:
WHEREAS, the CITY is undertaking the installation of curbing along the west
side of Barwick Road. a County Road. within the CITY, limits hereinafter referred to as
"PROJECT"; and
WHEREAS, the PROJECT consists of adding curbing along the west side of
Barwick Road adjacent to the Barwick Ranch Estates in preparation for the installation
of landscaping by the CITY; and
WHEREAS, the COUNTY believes that the construction of the PROJECT serves
a public purpose in the enhancement of this COUNTY road and wishes to support the
PROJECT by providing supplemental reimbursement funding for the documented costs
of the PROJECT in an amount not to exceed TWELVE THOUSAND AND FIVE
HUNDRED DOLLARS ($12,500.00); and
WHEREAS, after construction the PROJECT. the COUNTY will be responsible
for the subsequent maintenance of the PROJECT.
NOW THEREFORE. in consideration of the mutual covenants. promises, and
agreements herein contained, the parties agree as follows:
1. The above recitals are true, correct and incorporated herein.
2. The COUNTY agrees to provide to the CITY reimbursement funding
for documented costs of the PROJECT in an amount not to exceed TWELVE
THOUSAND AND FIVE HUNDRED DOLLARS ($12,500.00).
3. The COUNTY agrees to reimburse the CITY the amount
established in paragraph 2 for costs associated with the PROJECT. upon the CITY's
submission of acceptable documentation needed to substantiate its cost for the
PROJECT. The COUNTY will use its best efforts to provide said funds to the CITY on a
1
reimbursement basis within forty-five (45) days of receipt of all information required in
paragraph 6, beiow.
4. The COUNTY's obligation is limited to its payment obligation and shall
have no obligation to any other person or entity.
5. The CITY agrees to assume all responsibility for design. bidding. contract
preparation, and contract administration necessary for the PROJECT, including
payment(s) to contractor(s) pursuant to all applicable governmental laws and
regulations.
6. The CITY will obtain or provide all labor and materials necessary for the
PROJECT. The CITY shall furnish to the COUNTY's representative a request for
payment supported by the following:
A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form, attached hereto and incorporated herein as Exhibit "A" (pages 1 & 2).
which are required for each and every reimbursement to the CITY. Said information
shall list each invoice payable by the CITY and shall include the vendor invoice number,
invoice date, and the amount payable by the COUNTY. The CITY shall attach a copy of
each vendor invoice paid by the CITY along with a copy of the respective check and
shall make reference thereof to the appiicable item listed on the Contractual Services
Purchases Schedule Form. Further, the CITY's Financial Officer shall also certify that
each invoice listed on the Contractual Services Purchases Scheduie Form was paid by
the CITY as indicated.
7. As it reiates to this Agreement, the COUNTY may initiate a financial
systems analysis and/or an intemal fiscal control evaluation of the CITY by an
independent auditing firm employed by the COUNTY or by the County Internal Audit
Department at any time the COUNTY deems necessary.
8. The CITY shall be solely responsible for obtaining and complying with all
necessary permits, approvals and authorizations from any federai, state, regional.
COUNTY or agency which are required for the PROJECT.
9. The PROJECT shall be completed and final invoices submitted to the
COUNTY no later than December 31. 2006. and the COUNTY shall have no obligation
to the CITY or any other entity or person for any cost incurred thereafter uniess the time
for completion is extended by modification of this Agreement.
2
10. Each party shall be liable for its own actions and negligence and to the
extent permitted by law, the CITY shall Indemnify, defend and hold harmless the
COUNTY against any actions, claims or damages arising out of the CITY's negligence
in connection with this Agreement or the performance by the CITY as it may relate to
this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 786.28, nor shall the
same be construed to constitute agreement by either party to indemnify the other party
for such other party's negligence. willful or intentional acts or omissions or for any
amount over the limits set forth in FL Statute 768.28 despite any case law to the
contrary.
11. The CITY shall, at all times during the term of this Agreement. maintain
appropriate insurance.
12. As provided in F.S. 287.132-133, by entering into this Agreement or
performing any work in furtherance hereof. the CITY certifies that its affiliates, suppliers.
sub-contractors, and consultants who perform work hereunder. have not been placed
on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. This
notice is required by F.S. 287.133(3)(a).
13. The CITY shall require each contractor engaged by the CITY for work
associated with this Agreement to maintain:
Workers' Compensation coverage in accordance with Florida Statutes. and;
a. Commercial General Liability coverage, including vehicle coverage. in
combined single limits of not less than ONE MILLION DOLLARS
($1,000.000.00). The COUNTY shall be included in the coverage as an
additional insured.
b. A payment and performance bond for the total amount of the
IMPROVEMENT in accordance with Florida Statute 255.05.
14. in the event of termination, the CITY shall not be relieved of liability to the
COUNTY for damages sustained by the COUNTY by virtue of any breach of the
Agreement by the CITY; and the COUNTY may withhold any payment to the CITY for
the purpose of set-off until such time as the exact amount of damages due the
COUNTY is determined.
3
15. The CITY's termination of this Agreement shall result in all obligations of
the COUNTY for funding contemplated herein to be cancelled.
16. The COUNTY and CITY agree that no person shall, on the grounds of
race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap
be discriminated against in performance of this Agreement.
17. In the event that any section, paragraph, sentence, clause or provision
hereof is held invalid by a court of competent jurisdiction, such holding shall not affect
the remaining portions of this Agreement and the same shall remain in full force and
effect.
18. All notices required to be given under this Agreement shall be in writing,
and deemed sufficient to each party when sent by United States Mail, postage paid, to
the following:
AS TO THE COUNTY
Engineering and Public Works Department
Tanya N. McConnell, P.E.
Deputy County Engineer
P.O. Box 21229
West Palm Beach, Florida 33416-1229
AS TO THE CITY
City of Delray Beach
Mr. Randal Krejcarek, P.E.
City Engineer
100 NW First Avenue
Delray Beach, Florida 33444
1 g. This Agreement shall be construed and governed by the laws of the State
of Florida. Any legal action necessary to enforce this Agreement shall be held in
Palm Beach County. No remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every other remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or
now hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power or remedy shall preclude any
other or further exercise thereof.
20. Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and conditions of this Agreement shall be
borne by the respective parties; provided, however, that this clause pertains only
to the parties to the Agreement.
4
21. Except as expressly permitted herein to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same
formality and equality of dignity herewith.
22. Each party agrees to abide by all laws , orders, rules and regulations and
the CITY will comply with all applicable govemmental codes during the
PROJECT.
23. The COUNTY shall not be deemed to assume any liability for the
negligent or wrongful acts, or omissions of the other party (or parties). Nothing
contained herein shall be construed as a waiver, by any of the parties, of the
liability limits established in Section 768.28, Florida Statutes.
24. Each party shall promptly notify the other of any lawsuit-related complaint,
or cause of action threatened or commenced against it which arises out of or
relates, in any manner, to the performance of this Agreement.
25. The parties expressly covenant and agree that in the event any of the
parties is in default of its obligations under this Agreement, the parties not in
default shall provide to the defaulting party thirty (30) days written notice before
exercising any of their rights.
26. The preparation of this Agreement has been a joint effort of the parties,
and the resulting document shall not solely as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
27. This Agreement represents the entire understanding among the parties,
and supercedes all other negotiations, or agreements, either written or oral,
relating to this Agreement.
28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County, Florida.
29. This Agreement shall take effect upon execution and the effective date
shall be the date of execution.
REMAINDER OF PAGE LEFT BLANK
5
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the date first above written.
CITY OF DELRAY BEACH
By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attomey
Date:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By;
Chair
ATTEST:
SHARON R. BOCK,
CLERK & COMPTROLLER
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Attomey
By:
APPROVED AS TO TERMS
AND CONDITIONS
By:
Date:
6
12/12/2005 11:08
5512437314
CITY OF DELRAY BEACH
PAGE 02/03
12/89/2a85 20:57
5616844167
P8C ENGINEERING
PAGE "2/"3
PA J-M Jl:EACH COUNTY I:t~t A
ENGINEJJ:RING '" PUJlLJC WORi<:S DEPARTMENT
CONTR I.t.cr PAYMENT REQUEST
(Proj<<t)
G1'lU\te. Req1J1Ot1lo1e
1llIIbt&* llI1Ilni-terlod
no IJ:CTl'AYMltNTSVMMARlI
l'roj'" c.... c.",~ttoe Toto!
I..m TIll. BlWog ProJ... Colt. !'toJ'" co.t.s
co.new:ting :Se:niices
ContPl.ctt1al Sorvieq
M.terialo, Suppliosl Diterit PQtQbafe8
Otont<:e Stock
Equipment, FlltllilUre
TOTAL PROJECT COSTS - ~~ -
Ccrtificol\o.: 1 hereby ot:<1lfy that the .bove Cortifioation: I horeby emit')' ilia, 111. 4........
w~ incurred for the work Sdmtificd as beina tation has been m.intained u rtcLuired.to $U.))1')()rt
aocompHlIhi:l:d in lhe &tUtcbw progrCSI wports. the project expenses rep~ ~ and 11 a....ail-
able for audit upon reqll~8t
AdministtltorlDatl: flnaoclal OffiQclDatc
eJ3C USE llNL Y
C""uJ:y Funding P8l"lic;potioo $
Total 'Project Cost S
Total projact costs to date $
COWlty obligation to dare I
County re~~L%) ($ I
County fund. pteviou'ly diohIlned ($ \
CoWll)' limds due this ,lIItog S
ReVi6Wed and Appc-owd. by:
PRe tojeot AdlttiniltmlorlIlolo
A...... "" COlD\ty Bnglnccr ot FillOal Mallog..lDat<:
Page 1 or 2
PAGE 03/03
12/12/2005 11:08 5512437314
12/89/2005 28:57 5616844167
PBC ENGll'EERING
I
CITY OF DELRAY BEACH
PAGE "3/"3
111
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MEMORANDUM
TO:
FROM:
MAYOR AND CIIT COMMISSIONERS
CIIT MANAGER!Jlv1
AGENDA ITEM # ~::r- - REGULAR MEETING OF DECEMBER 13. 2005
INTERLOCAL AGREEMENT/PALM BEACH COUNTY /BARWICK
ROAD
SUBJECT:
DATE:
DECEMBER 9, 2005
Approve an Interlocal Agreement with Palm Beach County which provides for the County to
reimburse the City $12,500.00 for the installation of approximately 580 lineal feet of curbing along the
west side of Barwick Road.
The reimbursement is for 50% of the estimated cost of $25,000.00 for curbing abutting the Barwick
Estates Subdivision. The City and County have been working with the Barwick Estates Homeowners'
Association to develop a plan to replace the trees that were removed, because of the road widening, to
support a left turn lane into the recently completed Sabal Lakes Phase 4 Subdivision. The plan
requites the installation of approximately 580 lineal feet of curbing with the County splitting the cost
with the City.
Funding is available from 334-3162-541-68.02 (General Construction Fund/Barwick Road).
Recommend approval of an Interlocal Agreement with Palm Beach County which provides for the
County to reimburse the City $12,500.00 for the installation of approximately 580 lineal feet of
curbing along the west side of Barwick Road.
S:\City Cletk\agenda memos\PBC lnterlocal Barwick 121305
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
TO:
FROM:
David T. Harden/)
Randal L. Krejcarek, P.E. /~
02 Dec 2005
DATE:
SUBJECT:
Barwick Road Landscaping
Interlocal Agreement with Palm Beach County
Commission Agenda Item
Project # 2005-001
The attached agenda item is for Commission authorization/approval for Mayor to execute
Interlocal Agreement with Palm Beach County for reimbursement of $12,500.00 for the
installation of approximately 580 lineal feet of curbing in preparation of the installation of
landscaping along the west side of Barwick Road abutting Barwick Estates Subdivision. This
reimbursement is for 50% of the estimated $25,000.00 cost.
The City and County have been working with the Barwick Estates Homeowners Association to
develop a plan to replace the trees that were removed because of the road widening to support
a left turn lane into the recently completed Sabal Lakes Phase 4 Subdivision. The agreed upon
plan requires the installation of approximately 580 lineal feet of curbing.
The County has agreed to split the cost of curbing with the City, which the County estimates to
be $25,000.00. Funding was approved in the City's current year CIP.
The attached map shows the project limits.
Please place this item on the 13 Dec 2005 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P.E., Director of Environmental Services
Joseph Safford, Finance Director
file
S:\EngAdminIProjecls\2005\2005-001 10FFIC/AL \2005-12-13 aganda mamo.doc
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INTER LOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND
~ THE CITY OF DELRAY BEACH
~ FOR INSTALLATION OF CURBING
....'i" r- .,. ALONG THE WEST SIDE OF BARWICK ROAD
~~ '"" """DCA' AG",.m " m.', ".. ~.'"' ,,'" ." ""
V of . by and between PALM BEACH COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY" and THE CITY OF DELRAY
BEACH, a municipal corporation of the State of Florida hereinafter referred to as
llCITY"
WITNESSETH:
WHEREAS, the CITY is undertaking the installation of curbing along the west
side of Barwick Road, a County Road. within the CITY, limits hereinafter referred to as
"PROJECT"; and
WHEREAS, the PROJECT consists of adding curbing along the west side of '
Barwick Road adjacent to the Barwick Ranch Estates in preparation for the installation
of landscaping by the CITY; and
WHEREAS, the COUNTY believes that the construction of the PROJECT serves
a public purpose in the enhancement of this COUNTY road and wishes to support the
PROJECT by providing supplementai reimbursement funding for the documented costs !
of the PROJECT in an amount not to exceed TWELVE THOUSAND AND FIVE
HUNDRED DOLLARS ($12,500.00); and
WHEREAS, after construction the PROJECT. the COUNTY will be responsible
for the subsequent maintenance of the PROJECT,
NOW THEREFORE, in consideration of the mutual covenants, promises. and
agreements herein contained. the parties agree as follows:
1, The above recitais are true, correct and incorporated herein,
2, The COUNTY agrees to provide to the CITY reimbursement funding
for documented costs of the PROJECT in an amount not to exceed TWELVE ,
THOUSAND AND FIVE HUNDRED DOLLARS ($12,500.00),
3, The COUNTY agrees to reimburse the CITY the amount
established in paragraph 2 for costs associated with the PROJECT, upon the CITY's
submission of acceptable documentation needed to substantiate its cost for the
PROJECT, The COUNTY will use its best efforts to provide said funds to the CITY on a
reimbursement basis within forty-five (45) days of receipt of all information required in
paragraph 6. below.
4. The COUNTY's obligation is limited to its payment obligation and shall
have no obligation to any other person or entity.
5. The CITY agrees to assume all responsibility for design, bidding, contract
preparation. and contract administration necessary for the PROJECT, including
payment(s) to contractor(s) pursuant to all applicable governmental laws and
regulations.
6. The CITY will obtain or provide all labor and materials necessary for the
PROJECT. The CITY shall furnish to the COUNTY's representative a request for
payment supported by the following:
A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form. attached hereto and incorporated herein as Exhibit "A" (pages 1 & 2),
which are required for each and every reimbursement to the CITY. Said information
shall list each invoice payable by the CITY and shall include the vendor invoice number,
invoice date, and the amount payable by the COUNTY. The CITY shall attach a copy of
each vendor invoice paid by the CITY along with a copy of the respective check and
shall make reference thereof to the applicable item listed on the Contractual Services
Purchases Schedule Form. Further, the CITY's Financial Officer shall also certify that
each invoice listed on the Contractual Services Purchases Schedule Form was paid by
the CITY as indicated.
7. As it relates to this Agreement. the COUNTY may initiate a financial
systems analysis andlor an internal fiscal control evaluation of the CITY by an
independent auditing firm employed by the COUNTY or by the County Internal Audit
Department at any time the COUNTY deems necessary.
8. The CITY agrees to be responsible for the subsequent maintenance of the
PROJECT following construction. The CITY shall be solely responsible for obtaining
and complying with all necessary permits. approvals' and authorizations from any
federal, state. regional. COUNTY or agency which are required for the PROJECT.
9. The PROJECT shall be completed and final invoices submitted to the
COUNTY no later than December 31, 2006, and the COUNTY shall have no obligation
to the CITY or any other entity or person for any cost incurred thereafter unless the time
for completion is extended by modification of this Agreement.
2
10. Each party shall be liable for its own actions and negligence and to the
extent permitted by law. the CITY shall indemnify. defend and hold harmless the
COUNTY against any actions. claims or damages arising out of the CITY's negligence
In connection with this Agreement or the performance by the CITY as it may relate to
this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes. Section 786.28. nor shall the
same be construed to constitute agreement by either party to indemnify the other party
for such other party's negligence, willful or intentional acts or omissions or for any
amount over the limits set forth in Fl Statute 768.28 despite any case law to the
contrary.
11. The CITY shall, at all times during the term of this Agreement, maintain
appropriate insurance.
12. As provided in F.S. 287.132-133. by entering into. this Agreement or
performing any work in furtherance hereof. the CITY certifies that its affiliates, suppliers,
sub-contractors, and consultants who perform work hereunder, have not been placed
on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. This
notice is required by F.S. 287.133(3)(a).
13. The CITY shall require each contractor engaged by the CITY for work
associated with this Agreement to maintain:
Workers' Compensation coverage in accordance with Florida Statutes, and;
a. Commerciai General Liability coverage, including vehicle coverage, in
combined single limits of not less than ONE MilLION DOLLARS
($1,000,000:00). The COUNTY shall be included in the coverage as an
additional insured.
b. A payment and performance bond for the total amount of the
IMPROVEMENT in accordance with Florida Statute 255.05.
14. in the event of termination, the CITY shall not be relieved of liability to the
COUNTY for damages sustained by the COUNTY by virtue of any breach of the
Agreement by the CITY; and the COUNTY may withhold any payment to the CITY for
the purpose of set-off until such time as the exact amount of damages due the
COUNTY is determined.
3
15. The CITY's termination of this Agreement shall result in all obligations of
the COUNTY for funding contemplated herein to be cancelled.
,
16. The COUNTY and CITY agree that no person shall. on the grounds of i
,
race, color, national origin, sexual orientation. religion or creed, sex, age, or handicap
be discriminated against in performance of this Agreement.
17. In the event that any section, paragraph, sentence, clause or provision
hereof is held invalid by a court of competent jurisdiction. such holding shall not affect !
the remaining portions of this Agreement and the same shall remain in full force and
effect.
18. All notices required to be given under this Agreement shall be in writing.
and deemed sufficient to each party when sent by United States Mail, postage paid, to
the following:
AS TO THE COUNTY
Engineering and Public Works Department
Tanya N. McConnell. P.E.
Deputy County Engineer
P.O. Box 21229
West Palm Beach, Florida 33416-1229
AS TO THE CITY
City of Delray Beach
Mr. Randall Krejcarek, P.E. / C rly CA/61"'; 1E.i~ R
Qi<ee!eF-tlf-EnviteAmeAIaI-8erviees
100 NW First Avenue
Delray Beach, Florida 33444
19. This Agreement shall be construed and governed by the laws of the State
of Florida. Any legal action necessary to enforce this Agreement shall be held in
Palm Beach County. No remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every other remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or
now hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right. power or remedy shall preclude any
other or further exercise thereof.
20. Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and conditions of this Agreement shall be
borne by the respective parties; provided, however. that this clause pertains only
to the parties to the Agreement.
4
21. Except as expressly permitted herein to the contrary. no modification,
amendment. or alteration in the terms or conditions contained herein shall be i
effective unless contained in a written document executed with the same
formality and equality of dignity herewith.
22. Each party agrees to abide by all laws , orders, rules and regulations and
the CITY will comply with all applicable governmental codes during the
PROJECT.
23. The COUNTY shall not be deemed to assume any liability for the
negligent or wrongful acts. or omissions of the other party (or parties). Nothing
contained herein shall be construed as a waiver, by any of the parties, of the
liability limits established in Section 768.28, Florida Statutes.
24. Each party shall promptly notify the other of any lawsuit-related complaint,
or cause of action threatened or commenced against it 'which arises out of or
relates. in any manner, to the performance of this Agreement.
25. The parties expressly covenant and agree that in the event any of the
parties is in default of its obligations under this Agreement. the parties not in
default shall provide to the defaulting party thirty (30) days written notice before
exercising any of their rights.
26. The preparation of this Agreement has been a joint effort of the parties.
and the resulting document shall not solely as a matter of judicial constraint. be
construed more severely against one of the parties than the other.
27. This Agreement represents the entire understanding among the parties,
and supercedes all other negotiations, or agreements. either written or oral,
relating to this Agreement.
28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County, Florida.
29. This Agreement shall take effect upon execution and the effective date
shall be the date of execution.
REMAINDER OF PAGE LEFT BLANK
5
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the date first above written.
By:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
Dale:
PALM BEACH COUNTY. FLORIDA. BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Chair
ATTEST:
SHARON R. BOCK,
CLERK & COMPTROLLER
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Attorney
By:
APPROVED AS TO TERMS
AND CONDITIONS
By:
Date:
6
Date:
02 Dec 2005
AGENDA ITEM NUMBER: ~
()" .
<',<':,
1if:':,.~{
. :..;.
. .
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 13 Dec 2005
Description of Agenda Item (who, what, where, how much):
This agenda item is for Commission authorization/approval for Mayor to execute
Interlocal Agreement with Palm Beach County for reimbursement of $12,500.00 for
the installation of approximately 580 lineal feet of curbing in preparation of the
installation of landscaping along the west side of Barwick Road abutting Barwick
Estates Subdivision. This agreement is subject to review and approvaI of the City
Attorney. The attached map shows the project location.
Staff Recommendation: Approv~
Department Head Signature: (4-it/I/(~
1'2 -t. ~aS
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
a~W
Funding Available: Yes / No Initials:
Account Number 334-3162-541-68.02
Description Barwick Road
Account Balance: $75.000.00
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @ / No Initials:
Hold Until:
f71
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2005\2005.001 \OFF! C!AL \2005-12-13 agenda.doc
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERpr1
I
AGENDA ITEM # <=t;.\Z. - REGULAR MEETING OF DECEMBER 13. 2005
CHANGE ORDER NO. 2/FINAL PAYMENT/WESTCHESTER FIRE
INSURANCE COMPANY
FROM:
SUBJECT:
DATE:
DECEMBER 9, 2005
This is before Commission to approve Change Order No.2 in the amount of a $9,027.99 decrease
and final payment of $7,820.17 to Westchester Fire Insurance Company for the completion of the
Retention Ponds Project.
The Jones Company of South Florida, Inc., contractor for the Retention Ponds Project, defaulted on .
the project. Our in-house construction crew completed the contractor's few remaining punchlist
items. The bonding company satisfied multiple claims for non-payment from subcontractors, far
exceeding the amount owed to the contractor. The bonding company is requesting that any
remaining funds for the project be directed to them. Residual funds to be liquidated, after
miscellaneous quantity adjustments, from P.O. #620728, Account 448-5470-538-65.58.
Funding is available from 448-5470-538-65.58 (Stormwater Utility Fund/S.W. 7th Area
Improvements).
Recommend approval of Change Order No.2 in the amount of a $9,027.99 decrease and final
payment of $7,820.17 to Westchester Fire Insurance Company for the completion of the Retention
Ponds Project.
S:\City Clerk\agenda memos\CO 2 WestchesterRetention Ponds12130S
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
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D
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www.mydelraybeach.com
TO:
DAVID HARDEN, City Manager
FROM:
Rafael Ballestero, Deputy Director of Construction ~
SUBJECT: RETENTION PONDS, (pIN 2003-062)
Agenda Request; Change Order #2/Final, Final Payment
DATE: DECEMBER 8, 2005
Attached is an Agenda Request for City Commission to approve project closeout for the Retention Ponds
Project (PIN 2003-062) in the net deduct amount of $ 9,027.99, after plus / minus quantity adjustments and
liquidated damages. Final payment in the amount of $7,820.17 will be made to the bonding company for
the project, Westchester Fire Insurance Company.
The Jones Company of South Florida, Inc. was the contractor for the Retention Ponds Project (PIN 2003-
062). The Jones Company defaulted on the project. Our in-house construction crew completed the
contractor's few remaining punch list items. The bonding company satisfied multiple claims for non-
payment from subcontractors, far exceeding the amount owed to the contractor. The bonding company is
requesting that any remaining funds for the project be directed to them.
Attached for your review are:
o A contractor evaluation form.
o Letter from the bonding company requesting payment
o Spreadsheet illustrating final quantities for the plus / minus adjustments
o A copy of the contractor's last prior pay request, illustrating the final amount owed on the project.
Staff recommends the City Commission approve Final Closeout in the deduct amount of ($9,027.99) and
final payment in the amount of $7,820.17 to the Westchester Fire Insurance Company for the closeout
of the Retention Ponds Project.
Residual funds to be liquidated from P.O. # 620728, account 448-5470-538-65.58, SW 7th Avenue
Retention Pond.
cc: Richard Hasko; Director of ESO
Randal Krejcarek; City Engineer
Rafael BaJlestero: Dep. Director of Construction, ESD
City ClerK's Office
Agenda File 11/15/05
S:\EngAdmin\Projects\2003\2003-062\Agd mem C0#2 Fin Jones 12.I3.05.doc
Retention Ponds
Project No. 2003-062
Project Closeout
Schedule "A"
The Jones Com n of South Florida
Contract Awud Contract to Date
NW 18th Ave Pond
.,. SaaeSld Aotu.,
It.m No. Oeaorf..tlon "." Q..- Unit Coat Coat Qua;~' Unit Coat Coat Olff....n~
1 MoblUutlon Coat LS 1 $16000.00 $16,000.00 1 $16000.00 $16000.00 $0.00
2 MaIntenance of Traffic LS 1 $4200,00 $4,200.00 1 $4200.00 $4,200.00 $0.00
3 Clealin and Grubbln LS 1 $31750.00 $31750.00 1 $31750.00 $31750.00 $0.00
4 SwateGradln & Soddln SY 150 $7.20 $108000 150 $7.20 $1080,00 $0,00
5 NW 18th Av. Pond LS 1 $45,600.00 $45600,00 1 $45600.00 $45600.00 $0.00
6 As halt Trench Re air LF 127 $225.00 $28575.00 176 $225.00 $39600.00 $11025.00
7 Vall. Gutt.r LF 83 $20.00 $1660.00 0 $20.00 $0.00 $1660.00
8 T .nC"lnl.t E.", 1 $1098,00 $1098.00 1 $1098.00 $1,098.00 $0.00
9 Concrete Endwall E.", 2 $1365.40 $2730.80 2 $1365,40 $2730.80 $0.00
10 Mlt....d End E'''' 1 $360,00 $360.00 1 $360.00 $360.00 $0.00
11 Control Structur. E'''' 1 $2600.00 $2600,00 1 $2600.00 $2600.00 $0.00
12 16" RCP LF 89 $20,85 $1855,65 89 $20,85 $1,855,65 $0,00
13 30" RCP LF 127 $36.20 $4597.40 127 $36.20 $4597.40 $0.00
14 16" HOPE LF 62 $22.40 $1388.80 62 $22.40 $1388.80 $0.00
15 18" HOPE LF 28 $26.75 $749.00 28 $26.75 $749.00 $0.00
16 Conn.ctto Exlstln Oralna . E.", 1 $600,00 $600.00 1 $600,00 $600.00 $0.00
17 2" trri atlon Wat.r S.rvlc. with Box E.", 1 $635,00 $635.00 1 $635.00 $635.00 $0.00
18 As-Built R.cord Drawln a LS 1 $5000.00 $5000,00 1 $5 000.00 $5000.00 $0.00
19 Vld.o Allowanc. LS 1 $1000.00 $1000,00 0 $1,000.00 $0,00 $1000.00
." owance L 1 0 1 0 1
21 tnd.mnlfiution LS 1 $10.00 $10.00 1 $10.00 $10.00 $0.00 I
Total= $161489.65 $169854.61i $1635.00
HW 11th Ave Pond
.,. s..s:.: Actual
ItsmHo. O..crlntlon Unit Quant Unit Coal Coat Quantli~ ' "nit Co.. Cost Otffersnc.
22 Malnt.nanceofTrafflc LS 1 $1400.00 $1400,00 1 $1,400.00 $1400,00 $0,00
23 CI.arin and Grubbln LS 1 $11555,00 $11555.00 1 $11555.00 $11555,00 $000
24 Swale Gradtn & Soddln SY 350 $6,80 $2,380.00 0 $6,80 $0.00 $2,380.00
25 NW 1 lith Av. Pond LS 1 $14062.50 $14062.50 1 $14062,50 $14062.50 $0.00
26 Aa halt Trench R. air LF 19 $225,00 $4275.00 52 $225.00 $11700.00 $7425.00
27 T . "J" Storm Manhol. E.", 1 $3,122,72 $3122.72 1 $3122.72 $3122.72 $0.00
28 Control Structur. E.", 1 $2843,50 $2,843.50 1 $2843.50 $2843,50 $0.00
29 18" RCP LF 50 $23.40 $1170.00 50 $23.40 $1170,00 $0.00
30 2" 1m alion Wat.r S.rvlc. with Box Each 1 $635.00 $635.00 1 $635.00 $635,00 $0.00
31 As.Built R.cord Orawin a LS 1 $3,000.00 $3000,00 1 $3000.00 $3000.00 $0.00
32 Malnt.nanc.ofTraffic LS 1 $4,200.00 $4200.00 1 $4200.00 $4200.00 $0.00
Total= $48643.72 $1i3688.72 $5045.00
SW 7th Av. Pond
.,. O..crlntlon IInlt ~~~~~~ Q~~~~"
It.mHo. Unit Coat Coat UnllCoae Co.t Otffersnc.
33 Clearin and Grubbln LS 1 $10,300.00 $10300,00 1 $10300.00 $10300.00 0,00
34 Swal. Grad!n & Soddln SY 230 $6.80 $1564.00 981 $6,80 $6670.80 5106,80
35 SW 7th Av. Pond LS 1 $12980,00 $12980.00 1 $12980,00 $12980.00 0.00
36 As halt Trench R. air LF 78 $225.00 $17550.00 99 $225.00 $22275.00 4725.00
37 5' Sld.walk Construction 4" Thick LF 100 $12.75 $1275.00 172 $12.75 $2193.00 918.00
38 T ."C" Inl.t E'''' 3 $982,50 $2947.50 3 $982.50 $2,947.50 0.00
39 Conc...t. Endwall E.'" 1 $1365.00 $1365.00 1 $1365.00 $1365.00 0.00
40 18" RCP LF 185 $22,60 $4181.00 185 $22,60 $4,181.00 0.00
41 30" HOPE LF 30 $34.90 $1047.00 32 $34.90 $1116,80 69,80
42 8" C-IOO PVC LF 35 $28.50 $997.50 40 $28.50 $1140.00 142.50
43 12" C-IOO PVC LF 50 $38.75 $1937.50 47 $38.75 $1821.25 116.25
44 Conn.ct to Exlstln Oratns . E.", 1 $600.00 $600.00 2 $600.00 $1200.00 600.00
45 1 1/2" Irri ation Water Servlo. with Box E.", 1 $860,00 $860.00 1 $860,00 $860.00 0.00
46 As-Built R.cord Drawln s LS 1 $650000 $6,500.00 1 $6 500.00 $6500.00 0.00
Total= $64104.50 $71i1i50.35 $11,445,85
Total Contract Award
$274,237.87
$289,093.721
$14,855.85
Chan . Ord.r j1
.,. B.~~ ~~.
It.m No. O.sori tion "." Qu. UnitC_t Coat Q.. Unit Coat Cost Dtffer1lnoe
1 Malnt.nanc. of Traffic LS 1 $200.00 $200.00 1 $200.00 $200.00 $0.00
2 Furnish & Install 2.8" Lln. Sto s LS 1 $7500,00 $7500.00 0.45 $7500.00 $3375.00 $4125.00
3 Furnish & Install 4.8" 45 d.".... b.nda LS 1 $1,040.68 $1,040.68 0.97 $1,040,68 $1,001.04 ($39.64)
w/m."alu"s
Retention Ponds
Project No. 2003-062
Project Closeout
Schedule "A"
The Jon.. Com n of South Florida
Contracl Awud Cont...cllo Da"
4 Furnish & Install 2 Thrusl Blocks LS 1 $200.00 $200,00 0 $200.00 $0,00 $200,00
5 Furnish & Inslall 118 LF of 8" DIP LS 1 $1331.04 $1331.04 1 $1331.04 $1331.04 $0.00
6 S.wcut/r.move/dlapoae of &2 SY of uphall LS 1 $243.00 $243.00 0 $243.00 $0.00 ($243.00)
lalv.m.nt
7 Blckflll and Inslsll 24" iierock 10 milch LS 1 $640,00 $640.00 0 $640.00 $0.00 ($640.00)
exlsllng ..phlll
, Furnish & Inatall 2 "c" t .Inleta LS 1 $1,979.00 $1979.00 1 $1979.00 $1979,00 $0.00
9 Furnlah & Inat.1I 2" 5-3 As h.lt &2 5Y LS 1 $516.50 $516,50 0 $516.50 $0,00 $516.50
10 Furnlah & Install PIG launch.r ..ambl LS 1 $792.00 $792.00 0.41 $792.00 $326,22 $465.78
11 Pressure t.sl and Chlorinat. LS 1 $400.00 $400.00 0 $400,00 $0.00 $400.00
12 B.c"T"t.st 2 LS 1 $240.00 $240.00 0 $240.00 $0.00 $240.00
13 On. stick 15" HOPE I, LS 1 $180.00 $180.00 1 $180,00 $180.00 $0.00
14 Furnish & Install 8" Gat.Valv. LS 1 $1180,00 $1,180.00 0.55 $1180,00 $652.96 $527,04
15 Cr.w/Machlne TIm. LS 1 $6200.00 $6,200.00 0.42 $6 200.00 $2,600.00 $3600.00
16 Ov.rh.ld & Profit LS 1 $3396.33 $3396,33 0.15 $3396.33 $509.45 $2,886,88
17 Cut & plug exlatlng slnltsry Ilt.ral, remov. LS 1 $1,380.00 $1,380,00 1 $1,380.00 $1,380.00 $0.00
& dlapos. of exist. L.t....l (140 LF)
1B R..survsylng of r.l.ntlon .r.. du. 10 an LS 1 $1,200.00 $1,200.00 1 $1,200,00 $1,200.00 $0.00
unmark.d and unknown water line,
" R.move and dlspos. of one CB and 120 LF LS 1 $1,150,00 $1,150.00 1 $1,150.00 $1,150.00 $0.00
of 12" slumlnum pipe.
Tot.l_ $29718.16 $16 884.71 1$13883.84
LO
LI uldal.d Dama es
Liquidated Damag.s for delay of 20 days
EA
Total:
$0.00
$10000.00
$10000.00
TotalChanll.a
Total Contract to Date
$304,006.42
$294.978.43 I
($9,027.99)
Contract Award
Approved Chana..
Award to Date
Contract to Date
Final Amount
$274,237.87
$29,768.65
$304.006.42
$294.978.43
($9.027.99)
m
RECEIVED NG v 3 0 2005 B9-)
215-640-2127 tel
Bond Claims Department 215-640-5474 fax
1601 Chestnut Street. TL33L
Two Uberty Place richard.kukosky@ace-ina.com
Philadelphia, PA 19103 www.ace-ina.com
USA
Richard N. Kukosky Jr.
Claims Manager
November 21,2005
Rafael Ballestero
Deputy Director of Construction
City of Delray Beach
434 S. Swinton Ave.
Delray Beach, FL 33444
USA
RE: Principal:
Obligee:
Claim No:
Bond No:
Project:
The Jones Company of South Florida
City of Delray Beach
892 B 808501-1
K07000534
City of Delray Beach Project No 2002-040
Dear Mr. Ballestero:
This letter is in reference to our recent telephone conversation regarding final payment on the above
project in the approximate amount of $8,400.00.
Please be advised the Westchester Fire Insurance Company has paid claims in the amount of $78,878.34,
Therefore, we request that any available contract funds be directed to Westchester Fire Insurance
Company.
The payment bond remains in effective on the project and all potential claimants are subject to the bond
language and state statutes for fillings.
If you have any questions please contact me at the number above.
Sincerely,
~~
One of the ACE Group of Insurance & Reinsurance Compimles
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Agenda Item NO.:~
AGENDA REQUEST
Request to be placed on:
-1L Regular Agenda
_ Special Agenda
_ Workshop Agenda
DATE: December 8,2005
WHEN: December 13, 2005
Description of item (who, what, where, how much):
Final quantity adjustments in the net deduct amount of $9.027.99, and final payment in the amount of
$7,820.17. to the Westchester Fire Insurance Company, for completion of the Retention Areas project (PN
2003-062). This request liquidates the project's residual funds after miscellaneous quantity adjustments.
Residual funds to be liquidated from P.O. # 620728, account 448-5470-538-65.58, SW 7th Avenue
Retention Pond.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Approve Final Closeout in the deduct amount of ($9,027.99) and final payment in
the amount of $7,820.17 to the W. estchester Fire ~n. e Company for the above referenced project.
Department Head ~C } Oi
Signature: ~! 9C' 'l.--,f-- 'OJ
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 Q,o
Funding alternativP~
Account No. & Description
Account Balance
See above
See above
,
(if a9PIiCable). " . __n ,..... <_ S to Arx.tl
- 5>t.V ...AY~ f tpzj;rlfY..u?" JU<....f.J
"/7.B?O (')n?- '.#}(Y r7i'7:?f'.-f.p-~k..E
City Manager Review: @
Approved for agenda: E NO I /\.
Hold Until: ~1(;J I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2003-062(A)
S:\EngAdmin\Projects\2003\2003-062\CONSTRC1\Agnd req C0#2 Final Jones 12.13.05.doc
~ttt.
Memo
To: David Harden, City Manager
Thru: Lula Butler, Director, and Community Improvement t6
From: Janet Meeks, Education Coordinator
Date: December 13, 2005
Re: Consideration of Approval of the Delrav Beach Non-Profit Academv Contract with the
Executive Service Corps of Southeast Florida. Inc.
ITEM BEFORE THE COMMISSION:
The item before the City Commission is consideration of approval of a contract between the City of
Deiray Beach and the Executive SeNice Corps of Southeast Florida, Inc (ESC) in the amount not to
exceed $37,500.
BACKGROUND:
The first Delray Beach Non-Profit Academy was completed in June of this year with 15 nonprofit
agencies successfully graduating. The agencies that completed the course work were provided with the
tools to increase their capacity-building capabilities. Topics covered included budgeting and finance.
marketing and promotions, fund raising, sponsorships. program outcomes and evaluations and project
management. One of those agencies was provided with a Phase II organizational assessment.
The City is ready to embark on its second Non-Profit Academy and would like to contract with ESC to
supply presenters, equipment, supplies and coordination for workshop training covering the topics as
listed in the contract (attached). ESC will work with Florida Atlantic University (FAU). School of Non-Profit
Management in arranging for presenters. FAU will provide continuing education credits (CEU) at no
additional charge. The Academy will still be available at no charge to ten or more groups designated as
501(c)(3) tax-exempt organizations within the City. The cost to the City to provide the Phase I core-
training program is $25,000.
In Phase II, ESC will perform an organizational assessment for up to five organizations selected by the
City to identify the strengths and weaknesses of the organization, and discuss in-depth the areas where
improvement is needed. The cost for Phase II is $2,500 per agency assessment for a total not to exceed
$12,500.
RECOMMENDATION:
Approve the contract between the City of Delray Beach and the Executive SeNice Corps of Southeast
Florida, Inc. in the amount not exceed $37,500.
Attachment: Contract
<3L..
AGREEMENT
THIS AGREEMENT ("Agreement") made this _ day of December, 2005 by and
between THE CITY OF DELRAY BEACH, ("City"), a Florida municipality in Palm Beach
County, Florida; and THE EXECUTIVE SERVICE CORPS OF SOUTHEAST FLORIDA,
INC., ("ESC").
ESC's Center for Nonprofit Excellence shall provide workshops/training, to nonprofit
groups in the City, as determined by the City, with specific capacity-building in the following
areas:
I. Board Governance
2. Succession Planning
3. Financial Management, Budgeting and Audits
4. Media Relations and Promotion
5. Fundraising and Sponsorships
6. Program Outcomes and Evaluation
7. Human Resources and Risk Management
Phase I
ESC will provide a core-training program addressing the aforementioned training needs
to nonprofit organizations, selected by the City, at a location in Delray Beach identified by the
City. The core-training program will be structured to cover these areas of need over the course
oftwelve sessions.
The City will select ten or more groups designated as 501(c)(3) tax-exempt
organizations by the Internal Revenue Service, and offer participation in this program to
representatives from each group, totaling 30 participants who will attend all twelve
sessions. Participants may earn continuing education units (CEUs) from Florida Atlantic
University, a partner ofESC.
Phase II
ESC consists of retired executives who will perform an organizational assessment for up
to five organizations, selected by the City, including groups that handle special events. Each
assessment by ESC will involve interviews with board and staff members, and analysis of overall
operations including financials. The assessments will identify the strengths and weaknesses of
each organization, and discuss in-depth the areas when improvement is recommended.
Discussion with board and staff members will include mentoringlcoaching as needed. Prior to
the commencement of each assessment, ESC shall provide a proposal outlining the details of the
assessments which shall be approved by the City and the nonprofit agency. At the completion of
each assessment, ESC shall provide the City with a summary report on each agency. Such report
shall include recommendations, if any, for the agency.
Page I of4
In addition, ESC will provide, if requested, a three-hour board workshop for each of the
participating agencies. The workshop will focus in areas such as duties and responsibilities of
board members, board/staff relationships, board structure, and fiduciary responsibilities.
COST
The cost for Phase I shall be $25,000.00, payable by the City to ESC. One-half
($12,500.00) of this amount shall be due 45 days prior to the start of the training programs; the
training programs will begin on or about January 26, 2006. The remaining half shall be due
upon completion of all training programs.
The cost for Phase II shall not exceed $12,500.00 and shall be payable by the City to ESC.
Payment shall be due upon completion of each assessment. This amount covers the participation
of up to 5 agencies. Ifless than 5 agencies are selected for Phase II the amount shall be adjusted
accordingly; however, the cost shall not exceed $2,500.00 per agency.
No other expenses, including travel or lodging, shall be paid by the City.
TERMINATION
This Agreement may be terminated by the City with or without cause, upon 30 days
written notice to ESe. Upon termination of Phase I by the City prior to the commencement of the
first training session, the City shall be responsible for $9,500; if the City terminates after the
training sessions begin, the City shall pay ESC 1/12 (one-twelfth) of the unpaid balance of
$12,500 for each training session completed. Upon termination of Phase II by the City, it shall
pay to ESC only for services rendered at the time of termination. All documents produced under
this agreement shall be the property of the City. ESC may terminate this agreement with cause
upon 30 days written notice to the City. Upon termination of Phase I by ESC, it shall only be
entitled to payment for 1/12 (one-twelfth) of the unpaid balance of $12,500 for each training
session completed. Upon termination of Phase II by ESC it shall only be entitled to payment for
the services rendered at the time of termination.
MISCELLANEOUS PROVISIONS
I. This Agreement, and any other document executed in connection herewith shall inure to
the benefit of the City, its successors or assigns. The City may use, reuse or reproduce any
document or work produced under this Agreement without the consent ofESC. This Agreement,
and any another document executed in connection herewith, shall not inure to the benefit of any
third person or entity. The terms and conditions of this Agreement are intended to benefit only
those named parties to the Agreement. No person or entity not an identified party to this
Agreement shall have any claim to or have any cause of action arising out of this Agreement.
2. Time is of the essence with respect to all matters concerning this Agreement.
Page 2 of 4
3. The interpretation, validity and enforceability of this Agreement and any document to be
executed in connection herewith, including all terms, provisions, rights and duties set forth
herein, shall be interpreted and construed in accordance with the laws of the State of Florida.
Whenever used, the singular number shall include the plural, the plural shall include the singular,
and the use of any gender shall include the other.
4. Captions and headings of this Agreement and any other document to be entered into in
connection with this Agreement are for convenience and reference only and in no way define,
describe, extend or limit the scope or intent of this Agreement, or the intent of any provision.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed
by the Laws of Florida, with venue in Palm Beach County, Florida.
6. The determination by any court of competent jurisdiction that any provision of this
Agreement, or any document entered into in connection herewith is not enforceable in
accordance with its terms and conditions shall not effect the validity or enforceability of any of
the remaining provisions; rather, any such unenforceable provision shall be stricken or modified
in accordance with the Court's decision, and this Agreement, or any other document to be
entered into in connection herewith, as modified, shall continue to bind the parties.
7. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall consist of and the same instrument.
8. This Agreement among the parties consists only of the express written terms and
conditions set forth in this Agreement. All understandings and agreements made between the
parties are superseded by this Agreement, which alone fully and completely express the parties'
understanding. There are no promises or agreements, oral or otherwise, inducing entry into this
Agreement, except only as expressly in writing herein. The parties are relying only on the
express terms, conditions and agreements set forth in this Agreement. The parties further agree
that any promise or agreement, not expressly set forth in writing and signed by both parties, can
not be relied upon and will not be valid or enforceable.
9. The terms and conditions set forth in this Agreement are the product of mutual
draftsmanship by all parties, each being represented by counsel, and any ambiguities in this
Agreement or any documentation prepared pursuant to or in connection with this Agreement
shall not be construed against any of the parties because of draftsmanship.
IN WITNESS WHEREOF the parties have caused their duly authorized representative
to execute this Agreement in a manner sufficient to bind the parties to this Agreement.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
City Clerk
By:
Jeff Periman, Mayor
Page 3 of 4
Approved as to form:
City Attorney
WITNESSES:
EXECUTIVE SERVICE CORPS OF
SOUTHEAST FLORIDA, INC.
Print Name
By:
Print Name
Title
Print Name
Page 4 of 4
Date: December 7, 2005
Agenda Item No. ~ L
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular
_ Special
_ Workshop
Consent
When: December 13, 2005
Description of Agenda Item:
Approval of Contract between the City of Del ray Beach and the Executive Service Corps
of Southeast Florida, Inc. (ESe)
OrdinanceIResolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~J ,A;'~
~
City Attornev ReviewIRecommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding A vailable:'/y ej/ No{);h
Funding Alternatives:'~ (if applicable)
Account # & Description: f.):) I -t 51/ - S- 51 82 . 2../ /1/ On l:v'(.:;..J;' t ;&scu r(C-
. . ~32sZiO IvU/fra-l1~;"" /IlStJruk
Cltv Manager ReView: I
Approved for agenda:c9/ No tjJ/
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: &CITY MANAGER
SUBJECT: AGENDA ITEM # 8'N\ - REGULAR MEETING OF DECEMBER 13.2005
INTERLOCAL AGREEMENT /PALM BEACH COUNTY/WEED & SEED
DATE: DECEMBER 9, 2005
Approve an Interlocal Agreement with Palm Beach County which provides that the Palm Beach
County Criminal Justice Commission will provide $100,000.00 for "seeding" projects for the City's
Weed & Seed Program; and approve receipt of the funding.
The Palm Beach County Criminal Justice Commission agrees to provide the City's Weed & Seed
Project with $100,000.00 for "seeding" projects as detailed in Exhibit "A", Scope of Work.
Recommend approval of an Interlocal Agreement with Palm Beach County which provides that the
Palm Beach County Criminal Justice Commission will provide $100,000.00 for "seeding" projects for
the City's Weed & Seed Program; and approve receipt of the funding.
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~
INTERLOCAL AGREEMENT
This Interlocal Agreement is made the day of , 2005,
between the CITY of Delray Beach, a municipality located in Palm Beach County, Florida
(hereinafter "CITY") and Palm Beach County, a political subdivision of the State of Florida,
(hereinafter "COUNTY"), each one constituting a public agency as defined in Part I of Chapter
163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into interlocal agreements with each other to jointly exercise any power,
privilege, or authority which such agencies share in common and which each might exercise
separately; and
WHEREAS, the CITY has an investment in Weed and Seed and has since its inception
in February 2002; and
WHEREAS, the COUNTY'S Criminal Justice Commission (CJC), which sought and
received site designation and federal funding for four Weed and Seed Program sites in the Cities
of Riviera Beach, Delray Beach, West Palm Beach and Belle Glade, has a vested interest in the
Weed and Seed Program;
NOW THEREFORE, III consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
Section 1. Purpose and Pavment
1.1 The purpose of this Agreement is for the Criminal Justice Commission to provide
support to the Delray Beach Weed and Seed "seeding" efforts; and
1.2 For the CITY to provide or contract "seeding" efforts in accordance with the services
listed in the Scope of Work, Exhibit A, and in accordance of the resident-driven strategic plan,
Exhibit C;
1.3 Upon receipt and approval of the CITY's monthly programmatic and fiscal invoices,
included as part of Exhibits A and B, the COUNTY will reimburse the CITY the not-to-exceed
amount of $ 100,000 in accordance with the budget, Exhibit B.
Section 2. Representative/Monitorinl!: Position
The COUNTY'S representative/contract monitor during the term of this Agreement shall
be L. Diana Cunningham, whose telephone number is (561) 355-2314.
The CITY'S representative/contract monitor during the term of this Agreement shall be Chief
Joseph L. Schroeder, whose telephone number is (561) 243-7851.
Section 3. Effective Date/Termination
This Agreement shall be take effect upon execution and shall continue in full force and
effect up to and including April 30, 2007 unless otherwise terminated as provided herein.
The term of this Agreement shall be for a period of eighteen (18) months. Reimbursement may
be requested retroactive to October 1, 2005.
Section 4. Responsibilities and Duties
CITY agrees to: provide services in accordance with the fundamental principles of Weed and
Seed, including maintaining a Neighborhood Steering Committee and cooperating with the
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Countywide Steering Committee; financially support its Weed and Seed initiative equal to or
greater than the COUNTY allocation; and support a full-time coordinator.
COUNTY agrees to: continue to provide support to the Countywide Weed and Seed efforts.
Section 5. PavmentslInvoicinl!: and Reimbursement
CITY shall submit monthly invoices to COUNTY which will include a reference to this
Agreement, identify the project, and identify the amount due and payable to CITY in accordance
with the budget using the Reimbursement Request Form, Exhibit B. Invoices shall be itemized
in sufficient detail for prepayment audit thereof. CITY shall supply any further documentation
deemed necessary by COUNTY. Invoices received from CITY will be reviewed and approved
by the Criminal Justice Commission, indicating that expenditures have been made in conformity
with this Agreement and then will be sent to COUNTY'S Finance Department for final approval
and payment. Invoices will normally be paid within thirty (30) days following approval.
Section 6. Access and Audits
CITY shall maintain adequate records to justify all charges, expenses, and costs incurred
in performing the work for at least three (3) years after completion of the projects. The
COUNTY shall have access to all books, records and documents as required in this section for
the purpose of inspection or audit during normal business hours.
Section 7. Breach/Opportunity to Cure
The parties hereto expressly covenant and agree that in the event either party is in default
of its obligations herein, the party not in default shall provide to the party in default thirty (30)
days written notice to cure said default before exercising any of its rights as provided for in this
Agreement.
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Section 8. Termination
This Agreement may be terminated by either party to this Agreement upon sixty (60) .
days written notice to the other party. After receipt of a Termination Notice, and except as
otherwise directed by the COUNTY, the CITY shall:
a. Stop work on the date and to the extent specified.
b. Terminate and settle all orders and subcontracts relating to the performance of the terminated
work.
c. Transfer all work in process, completed work, and other materials related to the terminated
work to the COUNTY.
d. Continue and complete all parts of the work that have not been terminated. Unless the CITY is
in breach of this Agreement, the CITY shall be paid for services rendered to the COUNTY'S
satisfaction through the date oftermination.
Section 9. Enforcement Costs
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be borne by the respective
parties, provided, however, that this clause pertains only to the parties to this Agreement.
Section 10. Notice
All notices required to be given under this Agreement shall be deemed sufficient to each
party when delivered by United States Mail to the following:
COUNTY
L Diana Cunningham, Executive Director
Palm Beach County Criminal Justice Commission
301 North Olive Avenue, Suite 1001
West Palm Beach, FL 33401
With a copy to:
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4
Palm Beach County Board of County Commissioners
County Attorney's Office
301 North Olive Avenue
West Palm Beach, FL 33401
CITY
Joseph L. Schroeder, Chief of Police
Delray Beach Police Department
300 West Atlantic Avenue
Delray Beach, FL 33444
Section 11. Delel!:ation ofDutv
Nothing contained herein shall be deemed to authorize the delegation of the constitutional
or statutory duties of state, county, or city officers.
Section 12. Filinl!:
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County.
Section 13. Liabilitv
The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omissions, and negligence of the other party.
Further, nothing herein shall be construed as a waiver of sovereign immunity by either party,
pursuant to Section 768.28, Florida Statutes.
Section 14. Remedies
This Agreement shall be construed by and governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other remedy
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given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No
single or partial exercise by any party of any right, power, or remedy hereunder shall preclude
any other or further exercise thereof.
Section 15. Equal Opportunity Provision
The COUNTY and the CITY agree that no person shall, on the grounds of race, color,
sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded
from the benefits of, or be subjected to any form of discrimination under any activity carried out
by the performance ofthis Agreement.
Section 16. Insurance bv City of Delrav Beach
Without waiving the right to sovereign immunity as provided by s.768.28 FS., CITY
acknowledges to be self-insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per
Occurrence; or such monetary waiver limits that may change and be set forth by the legislature.
In the event CITY maintains third-party Commercial General Liability and Business Auto
Liability in lieu of exclusive reliance of self-insurance under s. 768.28 FS., CITY shall agree to
maintain said insurance policies at limits not less than $500,000 combined single limit for bodily
injury or property damage.
CITY agrees to maintain or to be self-insured for Worker's Compensation & Employer's
Liability insurance in accordance with Florida Statute 440.
When requested, CITY shall provide an affidavit or Certificate of Insurance evidencing.
insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to recognize
as acceptable for the above mentioned coverages. Compliance with the foregoing requirements
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shall not relieve CITY of its liability and obligations under this Interlocal Agreement.
Section 17. Captions
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
Section 18. Severability
In the event that any section, paragraph, sentence, clause, or provision hereof be held by a
court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this
Agreement and the same shall remain in full force and effect.
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Section 19. Entirety of Al!:reement
This Agreement represents the entire understanding between the parties, and supersedes
all other negotiations, representations, or agreement, written or oral, relating to this Agreement.
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
Sharon R. Bock, Clerk and Comptroller
By:
By:
Deputy Clerk
Chairman Tony Masilotti
(SEAL)
WITNESSES:
CITY: Delray Beach, FL
Jeff Perlman, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
By:
L. Diana Cunningham
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EXHIBIT A
Exhibit "A"
CITY OF DELRA Y BEACH
Weed and Seed
Scope of Work
SAFE HAVEN PROGRAMS: $38,410
PomDev Park Safe Haven
Pompey Park Safe Haven
.1101 NW Second Street
Delray Beach, FL. 33444
(561) 243-7356
Hours of Operation:
Mon. - Fri. 8:00am -10:00 pm
Saturday: 9:00 am - 8:00 pm
Sunday: 1 :00 pm - 6:00 pm
The Pompey Park Safe Haven is in the middle of our Weed & Seed N~ighborhood. It is
named after long-time Delray Beach resident C. Spencer Pompey and covers 17.5
acres of land. The main recreation center building has office and athletic staff on duty,
restrooms (inside and outside), drinking fountains (inside and outside), 1 game room, a
gymnasium, auditorium with a stage and full kitchen, indoor basketball court, indoor
volleyball, 2 lighted little league baseball fields, 1 lighted junior/senior league baseball
field, 1 multipurpose field, spectator bleachers/benches located at each field, 2 batting
cages, press box, concession stand, outdoor lighted tennis courts, outdoor lighted
basketball courts, outdoor lighted racquetball courts, a state of the art playground area,
2 picnic pavilions, and picnic areas with barbeque grills, tables, and benches. Adjacent
to the recreation center is the Pompey Park Pool.
The center accommodates approximately 150,000 participants yearly and there are
over 48 clubs, organizations and civic groups utilizing Pompey Park on a regularly
scheduled monthly basis. Approximately half of the Neighborhood Associations in the
Weed & Seed neighborhood hold their meetings at Pompey Park. Additionally, many of
the non-profits and community-based groups hold meetings here as well.
Pompey Park provides basketball, Little League, adult baseball, racquetball, softball,
and tennis. Additional programs/ services occurring on-site include: the Weed & Seed
Seed-Tech computer lab, tutoring, out-of school services, and VITA tax assistance.
Regular community events occurring at the Pompey Park Safe Haven include: the Keith
Straghn Thanksgiving dinner, Martin Luther King Jr. Celebration, and the Roots
Festival.
Safe Haven Educational Enrichment: (PIT: G1.01)
$20,500
Studies show that positive relationships with adults act as a protective factor against
youth violence. Therefore, quality after-school programs are essential for communities
experiencing a high level of deterioration. The City of Delray Beach Parks and
Recreation Department provides an Out-of-School Youth Program for children ages 5 to
I
Exhibit "A"
12 which provides supervision and structure for these children. The project targets
"latchkey. children residing primarily in the Weed & Seed community. Approximately 90
children are served in the Pompey Park Safe Haven. Hours of operation for this
program are 2-6 PM, Monday through Friday August - May. Since we know that poor
academic achievement and school failure have been identified as factors that contribute
to the risk for violence, these funds will be used to purchase a customized
curriculum designed to increase youth's FeAT scores.
It is anticipated that these services will be similar to former programs offered in the past
which included pre and post tests, arts-integration programs, work books and software
for youth in grades K-2, and 3-5 in math and language arts. The curriculum included
customized lesson plans, 27 hours of staff instruction (3 x week x 9 weeks), interactive
software, and staff development. A vendor will be identified by year's end.
All costs are on a reimbursement basis and monthly statements of costs will be
submitted.
Communitv Events (CP: G2.0n
$1.500
Periodic community events are planned throughout the year. Weed & Seed participates
in many of them in order to garner community support and educate residents on the
mission of Weed and Seed. Events promote Safe Haven programming, provide
educational opportunities for Safe Haven participants, and are frequently held in the
Safe Haven itself. These events include the Youth Crime Prevention Summit
(sponsored collaboratively by Weed & Seed, Free-to-Grow and the Delray Beach Police
Dept.), the Multi-cultural Festival, and the Soul of Delray. Funds will help purchase food,
T-shirts, and miscellaneous supplies for the events.
Reimbursement requests will be submitted no later than 30 days post each event.
Promotional Supplies (CP: G2.01)
$2.000
In order to educate. the community about the Weed & Seed mission, activities, and
progress, the Neighborhood Advisory Board has planned the development of a
brochure, a community newsletter, and signage for special events. These supplies will
be available during special events and will support safe haven programming.
Additionally, a "wall of shame" is planned forthe Safe Haven.
All costs are on a reimbursement basis and monthly statements of costs will be
submitted.
Teen Job- Apprenticeship Proaram (PIT: G1.02)
$3.500
In order to address the employment and training needs of youth in this site, Weed &
Seed has decided to pilot a program designed to match ten (10) youth aged 16-21 with
local businesses willing to provide the teen with a summer job and a professional,
2
Exhibit "A"
mentorship experience. This project will be operated out of the Pompey Park Safe
Haven. Funds are needed for promotional activities, and an open house! orientation
with the Delray Beach Chamber of Commerce.
One reimbursement request will be submitted nolater than 30 days after the closing of
the program (September 2006).
Carver Kids of Character Safe Haven Proaram (PIT: G1,01)
$2.000
The Carver Kids of Character program is designed to promote a drug free and
violence free lifestyle for youthful residents of Carver Estates (the city's only public
housing authority) and Auburn Trace (section-8 housing). The program is the brainchild
of two Delray Beach community-policing officers who offer activities designed to build
relationships with positive role models. Currently, the program offers free, weekly Karate
lessons provided by a police officer. In addition to the Karate lessons, the program
schedules an annual Black History essay contest, and 2 Holiday parties. Over 100
youth have registered for this program and a core group of approximately 30 participate
on a regular basis. The Police Department pays all' salary and benefits for the officers
associated with the Carver Kids of Character project. Funds are needed for
miscellaneous supplies such as: safety equipment, uniforms, tournament fees (for
competitions), refreshments, and prizes for the essay contest.
All costs are on a reimbursement basis and monthly statements of costs. will be
submitted.
Neiahborhood Advisorv Board Exoenses (CP G1. 02)
$.QQQ.
The Neighborhood Advisory Board consists of thirteen members who participated in
developing the site's strategic plan. Members include: residents, community leaders,
and service providers. The committee meets up to monthly in the evening at
dinnertime. Light refreshments are provided. During the course of the year, members
will be recognized for their contribution. On occasion, a local trainer may be needed to
ensure the committee work is done collaboratively. Costs include refreshments,
recognition, promotional items, trainer, etc.
All costs are on a reimbursement basis and monthly statements of costs will be
submitted.
Communitv Trainina (NR: G1.02)
$8.410
Provide training in neighborhood development by sending 3 Safe Haven advocates (1-
staff and 2 community members) to the National Neighborhoods USA conference
Registration: $275 x 3= $825
Airfare: $600 x 3 people= $1 ;800
Hotel $100/night x 3 people x 4 nights= $1.200
Per Diem: $33/day x 3 people x 4 days + Incidentals $50 per person = $546
Total: $4,371
3
Exhibit "A"
Send two Community leaders to 2 local! Regional conferences (ex: Crime in the Black
Community) at $766 per person = $3,064
Provide training by the Nonprofit Institute on Board Development and Non-profit
development $975
CONTRACTUAL $61,590
Offender Re-Entry Collaborative Prolect (PIT: G2.01)
$39,500
Collaborate with the three coastal PBC sites in to develop a re-entry effort with other
PBC partners to address the increasing number of offenders re-entering Weed and
Seed sites. The project will be contracted out with a provider to be determined at a later
date. Costs may include: salary, benefits, training, substance abuse treatment, and
other ancillary services that pose as barriers to employment.
All costs are on a reimbursement basis and monthly statements of costs will be
submitted.
Oelrav Youth Vocational Charter School (PIT: G1.02)
$22.090
This non-profit,. charter school provides training in automotive repairs, life skills and
GED preparation for at-risk youth. During the '04-05 academic year, 25 challenging
students were enrolled. In Aug. 2005, the school will be moving to a new location and
expanding to serve 100 youth. Services are provided throughout the academic year
according to the Palm Beach County school calendar. This provider will purchase
classroom furniture as well as educational equipment and supplies to support its
academic programs in its new location.
One reimbursement request will be submitted no later than 30 days after the closing of
the academic year.
4
Exhibit "A"
OPERATION WEED & SEEI>
MONTHLY/ QUARTERLY PROGRESS REPORT
Return to:
CJC
Weed & Seed Coordinator
301 North Olive Ave.
West Palm Beach, FL 33437
Due Dates: The 10th of each month
following each month of services
Organization:
Reporting Period:
Project name:
Person completing this form:
Date:
Report on each outcome measurement as detailed in the "Scope of Services" attachment of your
contract. If there was no activity this reporting period, note "no activity" rather than leaving that
section blank.
Program Administrator
Date
;
EXHIBIT B
10/7/2005
Exhib~ B
CITY OF DELRA Y BEACH
BUDGET FOR - WEED AND SEED SAFE HAVEN
FY2006
IREVENUE
liTEM IDESCRIPTION
Criminal Justice Reserve Fund
I AMOUNT I
$ 100,000.00
REVENUE TOTAL $ 100,000.00
IEXPENSEI
ITEM IDESCRIPTION
Travel and per diem
Community Training
Contractual Services
Delray Youth Charter School
Collaborative Re-entry Effort
$ 8,410.00
$ 22,090.00
$ 39,500.00
Sub-Total $ 61,590.00
Educational Supplies
Safe Haven Educational Enrichment $ 20,500.00
Promotional Activity
Safe Haven promotion $ 2,000.00
Misc. Supplies
Carver Kids of Character $ 2,000.00
Teen Job Apprenticeship $ 3,500.00
Neighborhood Advisory Board $ 500.00
Community Events $ 1,500.00
Sub-Total $ 7,500.00
EXPENSE TOTAL $ 100,000.00
swm
2006 Delray W&S
1011812005
ExhibitS
CITY OF DELRA Y BEACH
WEED AND SEED
PROGRAM BUDGET ANALYSIS
IIVI~ A Ul:TI"\IL.
Proaram Su plies:
Carver Kids of Character $ 2,000.00 prizes for essav contest
refreshments
safety eauipment
tournament fees for competitions
uniforms
Teen Job Apprenticeship Program . $ 3,500.00 open house/orientation
Neighborhood Steering Committee $ 500.00 promotional activities
refreshments
trainer
Communitv Events $ 1,500.00 food
supplies. (miscellaneous)
t-shirts .
Sub-Total ~ 7,500.00
Printina and Publications:
Promotional - brochures & signaae $ 2,000.00 brochure
. communitv newsletter
siqnaqe for special events
Sub-Total $ 2,000.00
Professional Fees/ContractuaIlLeqal:
Deiray Youth Charter School $ 22,090.00 classroom furniture
. educational equipment
. supplies
Safe Havens Educational Enrichment $ 20,500.00 FCA T curriculum
Collaborative Re-entry Effort $ 39,500.00 other ancillary services
salarv/benefits
substance abuse treatment
training
Sub-Total $ 82,090.00
Community Traininq:
3 people to NUSA conference $ 4,371.00 reaistration,airfare,hotel,per diem
2 people to 2 10callreQionallraininQ $ 3,064.00 local training
non-profit institute traininq $ 975.00 local traininq
Sub-Total $ 8,410.00
.
Grand Total $ 100,000.00
swm
2006 Delray W&S
Palm Beach County Criminal Justice Commission
Exhibit B
Agency:
Reimbursement Request
SUMMARY STATEMENT OF TOTAL PROJECT COSTS
Project #:
Subgrantee:
Address:
Project Title:
Telephone:
Claim #:
Claim Period:
Budget Category
Category Total
Salaries & Benefits
Other Personal/Contractual Services
Expenses
Operating Capital Outlay
Indirect Costs
Total Claim Amount
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Date
Signed
Project Director
Typed Name of Project Director
Palm Beach County
Board of County Commissioners
Criminal Justice Commission
ReS6IVe Fund
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EXHIBIT C
DELRAY BEACH WEED & SEED Exhibit "C"
STRATEGIC PLAN SUMMARY
FISCAL YEAR 2005-2006
Approved by the Neighborhood Steering Committee 6/16/05
Goal 1
Objective 1
Objective 2
Objective 3
Goal 2
Objective 1
Goal 3
Objective 1
Goall
Objective 1
Objective 2
Goal 2
Objective 1
Goal 1
Objective 1
Objective 2
COMPONENT 1: LAW ENFORCEMENT (LE)
Reduce street-level drug sales
To identify offenders and locations responsible for the defined criminal activity
To establish a clear and increased police presence
To conduct cooperative Law Enforcement Operations on a monthly basis
To reduce crack houses operating in the targeted area
Effectively utilize the Nuisance Abatement process to reduce the number of crack houses
and drug activity on private property
To reduce violent crime (Dart I crimes)
Solicit community "tips" on crimes
COMPONENT 2: COMMUNITY POLICING (CP)
To implement partnerships between residents and the Police Department to reduce crime
To increase resident accessibility to police
To identify specific neighborhood concerns
To increase citizens' perceptions of safety
To increase public safety awareness
COMPONENT 3: NEIGHBORHOOD RESTORATION (NR)
Rehabilitation of Neighborhoods
Implement the SW Redevelopment Plan
Provide Leadership training to community leaders by providing them with access to
regional and national training opportunities
COMPONENT 4: PREVENTION, INTERVENTION, & TREATMENT (pIT)
Goall
Objective 1
Objective 2
Goal 2
ObjectIve 1
To improve the school performance of minority students
To develop and establish Safe Havens throughout the targeted neighborhoods
Develop support programs for youth who have not completed high school and have a
history of behavioral problems
To develop the target area workforce potential
Develop a strategy and implement a plan for returning ex-offenders
Date: 12/5/05
AGENDA ITEM NUMBER:
~tJ\
,
Gr'
.~
'~
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: December 13. 2005
Description of agenda item (who, what, where, how much):
Sharon L'Herrou~ & Seed Prooram Manaaer. reouests Commission to aoorove
receiot of $100,000 in fundina as outlined in the contract between the City of Delrav
Beach! Weed & Seed Project and the Palm Beach County Criminal Justice Commission.
The Criminal Justice Commission aarees to orovide the Weed & Seed oroiect with
$100.000 for "seedina" orojects as detailed in the scooe of service. Three oriainals are
attached for the Mavor's sianature.
City Attorney Review/Recommendation (if
see signature on agreement
Department Head
Signature:
Budget Director Review (required on an items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number:
Description
Account Balance:
Funding Alternatives: N / A (if applicable)
City Manager Review:
Approved for Agenda:6J No Initials: {2A'I!;;./
Hold Until:
Agenda Coordinator Review:
Received:
[ITY DF DElIAY BEA[H
DELRAY BEACH
~
All-America City
, , II J!
100 NW_ 1st AVENUE DELRAY BEACH, FLORIDA 33444
MEMORANDUM
1993 TO:
2001
David T, Harden, City Manager
~bert A. Barcinski. Assistant City Manager
FROM:
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 13. 2005
SPECIAL EVENT REOUEST - DOWNTOWN DELRA Y ART FESTIVAL
DATE:
December 8, 2005
Action
City Commission is requested to endorse the 17th Annual Downtown Art Festival sponsored by Howard
Alan Events. LId, to be held January 21-22, 2006 from 10:00 a.m, to 5:00 p,m" to grant a temporary use
permit per LOR's section 2.4.6(H) for use of city rights-of-way on Atlantic Avenue from the east side ofNE
6th Avenue to Salina and Veterans Park lot for vendor parking. to authorize staff to apply for the FOOT
street closure permit, to authorize staff support for security and traffic control, and to permit an event sign
to be erected on Atlantic Avenue just east ofI-95 one week prior to the event.
Backl!round
Anached is an event permit application, letter, site plan, budget and certificate of insurance for this event.
Howard Alan Events, L TO, will be conducting the 17th Annual Downtown Arts Festival on January 21"
and 22'" from 10:00 a,m, to 5:00 p,m. This year again, a portion of the proceeds will be given to the Joint
Venture, Mr. Alan is requesting closure of Atlantic A venue. from just east of NE/SE 6th A venue east to
Salina, He is also requesting the use of Veteran's Park for vendor parking and requesting security and
traffic control assistance from the Police Department, Mr. Alan has indicated that he will rent and install
barricades with volunteers; however, due to previous set up problems I think City staff needs to install the
barricades, I am recommending that we direct vendor parking to the Vittorio's lot because of the need for
parking for other activities at the Adult Center and Veterans Park. The estimated overtime cost for City
services is $12,200, If security is supplemented at night with private security these costs can be reduced.
Mr, Alan will pay for these costs as well as provide for trash removal, clean up, and port-a-Iets, Signage
can be installed ten (10) days prior to the event and must be under 20 square feet. Per event policies and
procedures the event sponsor will be required to pay 100% of the City's costs,
Recommendation
Staff recommends endorsement of the event, granting of the temporary use permit for the street closure and
parking lot use as recommended by staff, providing staff assistance for traffic control and security,
barricading, and allowing the event sign to be installed ten (10) days prior to the event with all overtime
costs to be paid by the vendor.
RAB:tas
cc: Marjorie Ferrer
File:u:sweeney/events
Doc:Agenda 17lh Ann Downtown Art Festival
@ Printed on Recycled f'apL'r
THE EFFORT ALWAYS MATTERS
fM
561/243-7000
8'N
12/01/2005 05:27
9544723891
HOWARD ALAN
PAGE 02
December 5, 2005
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Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NW 1" Avenue
Defray Beach, FL 33444
DearMr. Barcinski:
We are planning for the 17th Annual Downtown Delray Art Festival, to be held January 21 - 22.
2006 on Atlantic Avenue starting just east of Federal Highway and going our typical route to Salina.
There will be a single lane open from Salina to Andrews on the North side of Atlantic Avenue.
Please be advised that the following logistics for the 17'~ Annual Downtown Delray Art Festival
will be arranged:
11.."",..1 \1"" 1-:"'111-, I If I.
Street Closure: Bob's Barricades will drop off barricades on Friday, January 20, 2006, and our
employees will set them up early Saturday morning.
POlice: 'The Delray Police Department will arrange for Police and Security from 10:00 am - 5~00 pm
on Saturday and Sunday, and overnight security on Saturday from 6:00 pm - 6:00 am. Due to the
fact that the show will be on both sides of the Intercoastal, we are requesting an officer to man each
side of the Intercoastal to stop pedestrians during bridge openings. We are also requesting overnight
security for both sides of the bridge as in previous years.
Port.o.Lets: 6 regular and 2 handicap portolets will be ordered through Able Sanitation and will be
dropped off on Friday, January 20, 2006. and will be picked up on Monday, January 23. 2006, with
servicing on Sunday, January 22, 2006.
Dumpster: Two 30-yard rolloff dumpsters are ordered froni Southern Waste. They will be dropped
off on Friday and picked up on Monday as well. Locations 01 dumpsters will include municipal spots
behind Veterans Park on City Street and on Seabreeze.
Trash Receptacles: Trash receptacles will be supplied and maintained by our professionai clean-
up crew. Tents 4 Events. They will handle clean up of the trash throughout the area each day.
Vendor Parking: RV's and large rig vehicles will park in the municipal parking lots just west of the
Intracoastal Waterway. Smaller vehicles will be parked at private lots surrounding the area that We
will are currently confirming.
Insurance: City required certificates will be .issued.
As always, we greatly appreciate your great help and time that you put into these events. . If you
have any questions, please feel free to call me at (954) 472-3755 ext 10,
peratior1s Director
9695 W. BROWARDBLVD. . PLANTATION, FLORIDA .33324
(954) 472-3755 . FAX (954) 472-3891
www.artfnf1ilivfll.com
12/01/2005 05:27
9544723891
HOWARD ALAN
PAGE 03
~ i':-;.i ,
11'y M/\ f'.i I, "Ef<
PLEASE PRINT
Event NamelTitle: 17/"\ ~ U~~ 'DeJ.r"(}-~"6-{-=t tf;:.... A-.....~
Event Date(s):~" 0 -*-1...".. d-~. :>-0 G b
Event Time(s): I c. Q....- - S r--' J ~ . t, (J
EventSponsor/Producer: ~~ Jt2..l'\.~ _ ~~ ~
Event Contact/Coordinator: +-h-w~ Aea:..r-.. ~
Name:-t1trw~ M~ """"t (.....t.~ c.~
Address:q(CjrW ~Q..e( ~<....:.c.\ ~~h:-h.;..::;: f:.-c- . D~:l.~
Telephone Number:qj"\f -'/'n.- "575 ~ Cellular Number: '1.:,'r"- "I - ~~~-
E-mai'Address:J~ <'W ~tv'~ .~
Event Description/Purpose: ~~ ct-'. - ~ A.....\- ~tw~ ,
,..~~.. .0
..0/....., ~.
...,""
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City of Dehay Beach
RECE!VE~pecia1 Event Pennit
EC 5 (0[\5 Application
DElRAY BEACH
~
me
1993
2001
Sponsor Category (please check) City 0 Non-Profit/Charitable CI Private ~
Co-Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area~daries of eventllocation):
~~L~~ a~~~~..:,_
./
/
no
Site plan attached yes
(Site plan requIred for entIre event site)
Event budget attached yes
(Required for all events)
no
Serving or selling alcoholic beverages yes no
(If yes, copy of license and alcohOl liability insurance required two (2) weeks prior
to event)
~
1
12/01/2005 05:27
9544723891
HOWARD ALAN
PAGE 04
Event certificate of insurance attached yes t/ no .
(Required two (2) weeks prIor to eve"t naming the City as adtfdJonallnsured, also
required for vendors)
Playing of amplified music
(Welver required)
Requesting Police assistance
(traffic control/security)
Will supplement with private security
(If yes, need plan attached)
v"
yes
no
yes
~
no
yes
no .
/
Requesting Emergency Medical assistance yes
yes /
Requesting barricade assistance
Requesting trash removal/clean up assistance yes
Requesting trash boxes and liners
yes
Requesting stage use yes
("yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0
Half small stage 0
Requesting sign age / yes ~ no
Type: Eventsign v Directional signs V PI~ _ ~ISC- c:....oc.k--
Banner hanging Indicate dates required ~tn-~ .......
(WaIver required if more than one (1) week prior to /
Food and beverage vendors <4 yes
If yes, approximate number -L
Health Department approval
no
yes
no~rq".
no v
Other vendors yes
Tents 1'-" '11 ~ ~ ~ c::.-.t..ltt.J.-~ ~}ot!s
(If yes, tent permits and fire inspections meybe needed)
Will the event include amusement rides yes no
(If yes, type and locatIon and copy of liability Insurance required)
no v
/
Will the event be gated
(Show onoS/te map)
yes
/
no
2
12/01/2005 05:27
9544723891
HOWARD ALAN
PAGE 05
Will there be fireworks or other pyrotechnics yes
(If yes, contact Fire MarshalQ
Will there be cooking with compressed gas yes
(If yes, contact Fire Marshall)
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)
v
no
no
J
Will there be a charge fOf the event
("yes, indicate ticket prices)
yes
no
l,/""
Is reserved parking requested
. icate locations)
yes
no
~
,.--
Ie::. oS'.~
-:t~:~Ji:~~ Date
Please 'enclose the appropriate non-refundable application fee payable to the
City of Defray Beach, 100 N.W. 10t Avenue, Delray Beach, Florida 33444.
For Staff Use Only
Date Received
Application fee received $
Site map V~
,/
Budget _
Certificate of insurance t/ /'
Hold Harmless agreement ",
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
5 1'15:27
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9544723891
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PAGE 11'1
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12/01/2005 05:27
'35447238'31
HOWARD ALAN
PAGE 12
Howard Alan Events
The 17th Annual Delray Art Festival
January 21-22,2006
PROPOSED BUDGET FOR JANUARY 2006
INCOME:
Artist Revenue $&4,125
Food Vendor Revenue $3,900
Total Revenue $68,025
EXPENSES:
Advertising:
Boca Raton News Expense $708.50
Palm Beach Post Expense $2,543.57
South Florida Newspaper Expense $715.00
Sun Sentinel Expense $8,274.90
WPEC CHANNEL 12 Exoense $7,500.00
Sun Sentinel Charities Ad proaram Expense $2,500.00
Advertising SubTotal $22,241.97
Services:
Permit Palm BeaCh County Health Expense $25.00
SiQnaQe M Sign Lines Expense $942.72
Sanitation Able Sanitation-porto lets Expense $800.00
Sanitation - 2 30 yd dumpsters Waste Management - dumpster Expense $950.00
Sanitation Tents 4 Events Expense $2.100.00
Barricades Bob's Barricades Expense $650.00
City of Delray, OIT barricade set UP City Of Delray Beach Expense $325.00
Securitv City Of Delray Beach Expense $3.983.00
Rentals Tents 4 Events Expense $1,400.00
Graphics for advertising Expense Expense $125.00
Pavroll Staff Expense $1 500.00
Rental Property Delray Jpint Venture Expense $15,000.00
Lodainas and meals. travel Exoense $650.00
Media Related Expenses Expense $1.208.00
Two Million Dollar liability ins policy Expense $650.00
Administrative Overhead telephone, mailings,etc Expense $1.100.00
Entertainment $3,000.00
Mise, expense $900.00
Service SubTotal $35,308.72
Total Expenses $57,550.69
Show Profit $10,474.31
CERTIFICATE OF INSURANCE ISSUE OATE; (MM/DDM')
1179685 9!J.6/05
PRODUCER THIS CERTIFICATE IS rSSUEO AS A MATTER OF INFORMATION ONLY
K & K Insurance Group, Inc. AND =NFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
~7~2 Magnavox Way CERTIFICATE DOEs NOT AMEND. EXTEND OR ALTER THE
P.O. Box 2338 COVERAGE AFFORDED BV THE POLICIES BELOW.
Fort Wayne, In 46BO~
COMPANIES AFFORDING COVERAGE
INSURED COMPANY A
HOWARD ALAN EVENTS LTD (SEE GAI300~) LETTER GREAT AMERICAN ASSURANCE COMPA
96% W. BROWARD !lLVD. COMPANY B
:i'LANTATION. FL 33324 LETTER
COMPANY C
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABovE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANOING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUE:D OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICH,S DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS. EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO, TYPE OF INSURANCE POUCY NUMBER ~~ICY EFFECTIVE PouCY EXPIRATION
LTR DAte (MMIDDIYYJ "ATE I'MODIY'f) LIMITS (in thousands)
General Liability ~2: o lAM l2,OlAM Gener:;ll Aggregate $ NONE
A ill Commercial General Liability :i'AC0788942203 3/05/05 3/05/06 Producls~Ccmp/Op$ Aggregate $ 5000
o Claims MadeliLlOcour. Peraonfll & Advertising Injury $ ~OOO
o Owoer's & cont"'clel'O Prot. Each Oeourrence $ 1000
0 Fire D:ul'\Qge (Arty on~ fit13l) $ 300
IVIedlClil Expense (Any onl3l pSI'8Of1) $ ,
PBnlc{~nt Legal L~blli'ly $ Nt.
Automobile Liability 12: O~AM ~2,0:tAM Combiflsd
Single
A o Any aUlo PAC078S942203 3/05/05 3/05/06 Limit S 1000
B All owned autos Bodily
Scheduled autos 1nlurynAnUVl' $
1108'
IXJ Hired autos Bodily
Injury 1'11.\
IiJ Non..gymed autos lWer_accidenl $
o Ga"'ge ~iablllty Proporty
0 Damage $
Excess Liability 12: o lAM 12'OlAN each A!Jgregat9
Occurrence
A Iil STRAIGHT EXC0788942303 3/05/05 3/05/06
fXJ Other than Umbrella form $ 1000 $ ~OOO
Work@rs:' Compensation Stlllulory
and $ Each Aock:Iem
Employe",' Liability $ Oinage..poIIOy' I.imit
$ bisease-Each EtnIllovee
AD&D $
Participant Primary Modloal $
Accident E><oess Modloa! $
Wooklv Indemnltv $ X
DESCRI~TION OF OPEAATlONSIlOCAT10NSNE~ICLESIIlESTRICT10111SIS~ECIA~ ITeMS
~HE CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSUREO BUT ONLY WITH RESPECT
TO LIJ\.BILITY ARISING OUT OF THE ACTIVITIES OR O:i'ERATIONS OF ~~~;N~~ J~SUREl;l.
RE,17TH ANNUAL DOWNTOWN DELRAY BEACH FESTIVAL OF THE ARTS ON 1 21-~ 22 06
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
ern OF DELRAY CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE
100 NW 1ST AVENUE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS
DELRAY BEACH, l'L 33~44 WRITTEN NOTIC.. TO THE CERTIFICAT.. HOLDER NAMED TO
THE LEFT, 6UT FAILURE TO MA1~ SUCH NOTICE SHALL IMPOSE
NO 06LIGA TION OR LIABILITY O~ ANY KINj UPON THE
COMPANY. ITS AGENTS OR REPRESENTATIV /l
Alm'ORl7.eO Rep..SENTAn1 :~KJ VI
SL39 / C)~ ~ ,-""
12/01/2005 05:27
9544723891
HOWARD ALAN
PAGE 11
oI'lo1'.l.O
~
[IT' DF DElRA' BEA[H
CITY ATTORNEY'S OFFICE
21111 NW hI ;WENlll,' DFLRAY BEACH, FLORIDA 33444
fLLlTHONE: :'ihl/2-n-}()l)()' FACSIIVllLF: .')6]/178-4755
DELRAY BEACH
tIa.d
AII.America City
, , II J! DATE:
Writer's Direct line: 561/243-7091
MEMORANDUM
December 8, 2005
1993
2001 TO:
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution 89-05 and Resolution 90-05
Please accept these additional Resolutions in the County-Wide Fire Dispatch
case, at the recommendation of outside counsel.
By copy of this memo to David Harden, City Manager, I am requesting that these
resolutions be placed on the City Commission agenda of December 13, 2005.
~cVr9
SAR:ci
Attachments
cc: Chevelle Nubin, City Clerk
Diana Grub Frieser, City Attorney of Boca Raton
Matthew Mandel, Esq.
Jamie Cole, Esq.
go
1~/"9/~""5 1109 FAX 5B1~7B4755 CITY ATTORNEY . City Hall
DEC-09-2005 FRI 09:41 AM WEISS SEROTA HELFMAN PA FAX NO. 9547647770
GlI (ll.I~/I,I'.I:J
P. 02
WEISS SEROTA HELFMAN
PASTORIZA CO~E & BONISKE, P.A.
ATTORNEY:S AT L.AW
W!'CMILL. "- .'CR,,1Ul
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.OF COUNSEL
December 7, 200S
VIa U.S. Mail aDd Fac$lmile [(561) 278-4755]
SUSi\ll R.uby, City Anollley
City of Del ray Beach
100N.W. 1" Avenue
Delray Beach, FL 33444
Re: City orOelray Beach's Challen~e to
CountvwJde Fund/nlZ of CountvwidB Fire Rescue Dispatch Services
Dear Ms. Ruby:
On Septemb~l' 22, 2005, the County approved its budget for the 2006 Fiscal Year,
which pro1/ided that aPJ:'l"oximately $8.8 million of countywide revenues will be utilized to fund
its eountywide fire rescue dispatch system (the "County Dispatch System"). However, the
County Dispatch System is duplieative, does not provide a real and substantial benefit to the
taxpayers in the City and wnountS to double taxation in violation of Article VIII ~1(h) of the
Florida Constitution b(<:ause, among other things; the City operates its own independent
dispatch system that pr"vides direct fire reseue dispatch services within the City (the same type
of services that thl!! County Dispateh System provides), provides direct polke dispatch services
(something the County Dispatch System does not do), and the City has not utilized, and does not
int~d to utilize, the COLlllty Dispatch Systl!!m.
As you know, the City has initiated proeeedings pUl"Suant to Chapter 125 and 164,
Florida Statutes; howey(,r. those proceedings only pertain to the $3.2 million of countywide
revenues allocated for tbe County Dispatch System for the 2005 Fiscal Year. Thus, to ensure
that the City meets all ~,f the requisites to ehalJenge the $8.8 million allocation for the 2006
Fiscal Year, the City nee-.ds to adopt the attached resolutions. Once these resolutions are adopted,
we can proceed accordinl~ly.
1~!"8!~"05 11:"8 FAX 5B1~7B4755 CITY ATTORNEY . City Hall
V~C-09-2005 FRI 08:41 AM WEISS SEROTA HELFMAN PA FAX NO. 8547647770
~ (1(18/nl.18
P. 03
SU$8Il Ruby, City Attorney
City ofDelray Beach
December 7, 2005
PageZ
If you have any questions. as always, please feel free to call either Jamie Cole or me.
v cry truly yours,
~~~
-
Matthew H, Mandel
MHM:lb
574.022
Enclosures
cc: Jamie Alan Cole" Esq. (without enclosures)
~
WEXSS SERor.... HELFM....N
P....srOIUZA. COt/It & BONXSKE, P.A.
RESOLUTION NO. 89-05
1
2 A RESOLUTION OF THE CITY OF DELRAY BEACH
3 AUTHORIZING, PURSUANT TO SECTION 125.01 (6)(a),
4 FLORIDA STATUTES, A PETITION TO THE BOARD OF
5 COUNTY COMMISSIONERS OF PALM BEACH COUNTY
6 PERTAINING TO THE FUNDING OF ITS COUNTYWIDE
7 DISPATCH SERVICES; PROVIDING FOR SEVERABILITY;
8 PROVIDING FOR REPEALER; PROVIDING AN
9 EFFECTIVE DATE
10 WHEREAS Palm Beach County (the "County") operates a fire rescue dispatch system
11 (the "County Dispatch System") to handle all incoming 911 calls from the County's
12 unincorporated areas (and from municipalities that contract to use the County Dispatch
13 System);
14 WHEREAS the County Dispatch System is a service and/or program that has been
15 rendered specifically for the benefit of the properly and residents in unincorporated areas of the
16 County (and from municipalities that contract to use the County Dispatch System).
17 WHEREAS the City of Delray Beach (the "City") operates its own independent dispatch
18 system that provides direct fire rescue dispatch services within the City (the same type of
19 services that the County Dispatch System provides) and provides direct police dispatch services
20 (something the County Dispatch System does not do);
21 WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch
22 System;
23 WHEREAS the County, on September 30, 2004, approved its budget for the 2005 Fiscal
24 Year, which provided that approximately $3.2 million of countywide revenues will be utilized to
25 fund the County Dispatch System;
1
1 WHEREAS the County, on September 22, 2005, approved its budget for the 2006 Fiscal
2 Year, which provided that approximately $8.8 million of countywide revenues will be utilized to
3 fund the County Dispatch System;
4 WHEREAS such general funds consist of County revenue derived from all of the
5 County's residents even though the residents and properties within the City do not utilize or
6 derive any benefit from the County Dispatch System;
7 WHEREAS the County's Dispatch System is duplicative and does not provide a real and
8 substantial benefit to the taxpayers in the City (who are already paying the City to provide the
9 same services);
10 WHEREAS the County's scheme indirectly forces Cities to give up the traditional
11 municipal service of fire-rescue dispatch through economic coercion and therefore is in violation
12 of Article VIII, ~ of the Florida Constitution;
13 WHEREAS the funding of the County's Dispatch System through countywide revenues
14 amounts to double taxation in violation of Article VIII ~1(h) of the Florida Constitution and
15 Section 125.01(6) and (7), Florida Statutes;
16 WHEREAS Section 125.01(6)(a), Florida Statutes, provides that the City, by resolution,
17 may identify a service or program rendered specifically for the benefit of the property or
18 residents in the County's unincorporated areas and financed from countywide revenues and
19 petition the County to develop an appropriate mechanism to finance such activity for the
20 ensuing fiscal year;
21 WHEREAS the City, on March 15, 2005, the City passed Resolution No. 17-05, which
22 authorized the filing of a petition against the County pursuant to Section 125.01, Florida
23 Statutes, regarding the improper use of countywide revenues for the County Dispatch System
24 during the 2005 Fiscal Year;
25 WHEREAS the County has refused to develop an appropriate mechanism to finance the
26 County Dispatch Service.
2
1 WHEREAS the City, on September 30, 2005, filed its lawsuit in Palm Beach County
2 Circuit Court (Case No. 2005 CA 009338 XXXX MB AE) (the "Litigation") against the County
3 challenging the $3.2 million of countywide revenues utilized to fund the County Dispatch System
4 during the 2005 Fiscal Year;
5 WHEREAS the instant resolution addresses the same issues that are the subject of the
6 Litigation and Resolution No. 17-05;
7 WHEREAS the issues of conflict with the County regarding the funding of the County
8 Dispatch Service, sought to be resolved are:
9 (a) The County cannot fund the County Dispatch Service with countywide
10 revenues derived from the County's residents, including those residents in the City;
11 (b) The City does not derive any real and substantial benefit from the County
12 Dispatch System;
13 (c) The County's attempt, through economic coercion, to usurp the City's ability
14 to make a policy decision as to the provision of traditional municipal services, such as the
15 provision of fire rescue dispatch services, is unconstitutional, ultra vires and invalid;
16 (d) The County must reimburse the City for the City's proportionate share of the
17 County's past expenditures of countywide funds for the County Dispatch Service; and
18 (e) Any other issue, argument or claim regarding the impropriety of the County's
19 use of countywide funds for the County Dispatch Service relating to any proceedings held
20 pursuant to Chapter 164 or Chapter 125, the Litigation or otherwise; now therefore
21 BE IT RESOLVED BY THE CITY COMMISISON OF THE CITY OF DELRAY
22 BEACH:
23 Section 1. The City Commission of the City of Delray Beach hereby identifies the
24 County Dispatch System as a program that is financed from countywide revenues, is rendered
25 specifically for the benefit of the county's unincorporated areas and does not provide a real and
26 substantial benefit to the taxpayers in the City (who are already paying the City to provide the
3
1 same services).
2 Section 2. The City Commission of the City of Delray Beach hereby declares its
3 intent to initiate the procedures of Chapter 125.01, Florida Statutes, to have the County develop
4 an appropriate mechanism to finance the County Dispatch Service.
5 Section 3. The City Clerk (and/or her designee) is authorized and directed to provide
6 a copy of this resolution and a petition for relief by certified mail, return receipt, to the Board of
7 County Commissioners for Palm Beach County.
8 Section 4. If any section, subsection, clause or provision of this resolution is held
9 invalid, the remainder shall not be affected by such invalidity.
10 Section 5. All resolutions or parts of resolutions in conflict herewith shall be and
11 hereby are repealed.
12 Section 6. This resolution shall take effect immediately upon adoption.
13 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this
14 day of
15
16
17
18
19
20
21 ATTEST:
22
23
24
25
26
27
28
29
CITY OF DELRA Y BEACH
, Mayor
, City Clerk
R
4
1 RESOLUTION NO. 90-05
2
3 A RESOLUTION OF THE CITY OF DELRAY BEACH
4 STATING THE CITY'S INTENT TO INITIATE THE CONFLICT
5 RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA
6 STATUTES, REGARDING A CONFLICT WITH PALM BEACH
7 COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING
8 FOR REPEALER; PROVIDING AN EFFECTIVE DATE
9 WHEREAS the City Commission of the City of Delray Beach desires to initiate the
10 conflict resolution procedures of Chapter 164, Florida Statutes, also known as the Florida
11 Governmental Cooperation Act, with regard to a conflict with Palm Beach County ("County")
12 concerning the funding of the County's fire rescue dispatch system (the "County Dispatch
13 System") through countywide revenues and the potential imposition of the County Dispatch
14 System upon the City of Delray Beach (the "City");
15 WHEREAS the County operates the County Dispatch System to handle all incoming
16 911 calls from the County's unincorporated areas (and from municipalities that contract to use
17 the County Dispatch System);
18 WHEREAS the County Dispatch System is a service and/or program that has been
19 rendered specifically for the benefit of the property and or residents in unincorporated areas of
20 the County (and from municipalities that contract to use the County Dispatch System);
21 WHEREAS the City operates its own independent dispatch system that provides direct
22 fire rescue dispatch services within the City (the same type of services that the County Dispatch
23 System provides) and provides direct police dispatch services (something the County Dispatch
24 System does not do);
25 WHEREAS the City has not utilized, and does not intend to utilize, the County Dispatch
26 System;
1 WHEREAS the County, on September 30, 2004, approved its budget for the 2005 Fiscal
2 Year, which provided that approximately $3.2 million of countywide revenues will be utilized to
3 fund the County Dispatch System;
4 WHEREAS the County, on September 22, 2005, approved its budget for the 2006 Fiscal
5 Year, which provided that approximately $8.8 million of countywide revenues will be utilized to
6 fund the County Dispatch System;
7 WHEREAS such general funds consist of County revenue derived from all of the
8 County's residents even though the residents and properties within the City do not utilize or
9 derive any benefit from the County Dispatch System;
10 WHEREAS the County's Dispatch System is duplicative and does not provide a real and
11 substantial benefit to the taxpayers in the City (who are already paying the City to provide the
12 same services);
13 WHEREAS the County's scheme indirectly forces cities to give up the traditional
14 municipal service of fire-rescue dispatch through economic coercion and therefore is in violation
15 of Article VIII, !j4 of the Florida Constitution;
16 WHEREAS the funding of the County's Dispatch System through countywide revenues
17 amounts to double taxation in violation of Article VIII !j1(h) of the Florida Constitution and
18 Section 125.01(6) and (7), Florida Statutes;
19 WHEREAS the City, on March 15, 2005, the City passed Resolution No. 16-05, which
20 initiated conflict resolution proceedings against the County pursuant to Chapter 164 regarding
21 the improper use of countywide revenues for the County Dispatch System during the 2005
22 Fiscal Year;
23 WHEREAS the City, on September 30, 2005, filed its lawsuit in Palm Beach County
24 Circuit Court (Case No. 2005 CA 009338 XXXX MB AE) (the "Litigation") against the County
25 challenging the $3.2 million of countywide revenues utilized to fund the County Dispatch System
26 during the 2005 Fiscal Year;
2
1 WHEREAS the instant resolution addresses and includes the same issues that are the
2 subject of the Litigation;
3 WHEREAS the City, contemporaneously with the instant resolution, passed another
4 resolution pursuant to Section 125.01 (6), Florida Statutes, identifying the County Dispatch
5 System as being financed from countywide revenues and being rendered specifically for the
6 benefit of the county's unincorporated areas and authorizing the filing of a petition to the Board
7 of County Commissioners for Palm Beach County relating to the improper financing for the
8 County Dispatch Service; now therefore
9 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y
10 BEACH:
11 Section 1. The City Commission of the City of Delray Beach hereby declares its
12 intent to initiate the conflict resolution procedures of Chapter 164, Florida Statutes with regard to
13 a conflict with the County regarding the funding of the County Dispatch Service through
14 countywide revenues.
15 Section 2. The issues of conflict with the County regarding the funding of the County
16 Dispatch Service, sought to be resolved are:
17 (a) The County cannot fund the County Dispatch Service with countywide
18 revenues derived from the County's residents, including those residents in the City;
19 (b) The City does not derive any real and substantial benefit from the County
20 Dispatch System;
21 (c) The County's attempt, through economic coercion, to usurp the City's ability
22 to make a policy decision as to the provision of traditional municipal services, such as the
23 provision of fire rescue dispatch services, is unconstitutional, ultra vires and invalid;
24 (d) The County must reimburse the City for the City's proportionate share of the
25 County's past expenditures of countywide funds for the County Dispatch Service; and
26 (e) Any other issue, argument or claim regarding the impropriety of the County's
3
1 use of countywide funds for the County Dispatch Service relating to any proceedings held
2 pursuant to Chapter 164 or Chapter 125, the Litigation or otherwise.
3 Section 3. The City Clerk is authorized and directed, within 5 days of the passage of
4 this resolution, to provide a letter and a certified copy of this resolution by certified mail, return
5 receipt, to the Manager of the County.
6 Section 4. If any section, subsection, clause or provision of this resolution is held
7 invalid, the remainder shall not be affected by such invalidity.
8 Section 5. All resolutions or parts of resolutions in conflict herewith shall be and
9 hereby are repealed.
10 Section 6. This resolution shall take effect immediately upon adoption.
11 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this
12 day of December, 2005.
13
14
15
16 ATTEST:
17
18
19
20
21
22
23
24
25
CITY OF DELRA Y BEACH
, Mayor
, City Clerk
R
4
CITY OF BOCA RATON, and
CITY OF DELRA Y BEACH,
Petitioners,
vs.
PALM BEACH COUNTY, FLORIDA,
Respondent.
/
PETITION TO PALM BEACH COUNTY BY
CITY OF BOCA RATON AND CITY OF DELRA Y BEACH
PURSUANT TO SECTION 125.01(6), FLORIDA STATUTES
Petitioners, City of Boca Raton ("Boca Raton") and City of Delray Beach ("Delray
Beach") (collectively, the "Cities"), pursuant to Section 125.01(6), Florida Statutes, submit the
instant petition to the Board of Commissioners of Palm Beach County (the "County") based
upon the inappropriate funding of the County's Fire Rescue Dispatch System (the "County
Dispatch System") from countywide revenues to find an appropriate mechanism to fund the
County Dispatch System and state:
Overview
Contrary to the Florida Constitution and Florida law, the County is using countywide
revenues to fund its County Dispatch System. Although dispatch services are traditional
municipal functions, the County, through its use of countywide revenues, attempts to do
indirectly (through the economic coercion of double taxation) that which it could not do directly
(absent a dual referendum) - take over all fire-rescue dispatch services in the County.
Specifically, the County is using countywide revenues to fund its County Dispatch System, even
though the taxpayers within Boca Raton and Delray Beach (who pay for and receive their fire-
rescue dispatch services from their respective Cities) do not receive any benefit from the County
Dispatch System. Thus, the Cities must either accede to the County's coercion and abandon
their own dispatch systems, or have their residents face unconstitutional double taxation. This
coercive attempt to usurp municipal powers and use county-wide revenues on a fire-rescue
dispatch system that provides no "real and substantial" benefit to the Cities' residents: (I)
violates Article VIII, ~4 of the Florida Constitution; (2) amounts to double taxation in violation
of Article VIII ~l(h) of the Florida Constitution; and (3) violates Section 125.01(6) and (7),
Florida Statutes.
Accordingly, the County must find an appropriate alternative funding source for the
County Dispatch System.
The County Dispatch System
I. The County utilizes the County Dispatch System to handle all incoming 911 calls
from the County's unincorporated areas (and from municipalities that contract with the County
to use the County Dispatch System).
Boca Raton's Dispatch System
2. Boca Raton does not utilize the County Dispatch System because Boca Raton has
its own dispatch system.
3. As recently as 2000, Boca Raton spent over $8 million in upgrading, developing
and constructing its current dispatch system, which contains state-of-the-art technology and
equipment. Boca Raton expends approximately $2 million on an annual basis to maintain and
provide its dispatch system to its residents and properties.
2
4. When someone places a 911 phone call from Boca Raton, the phone call goes
directly to Boca Raton's unified dispatch system. If the call relates to a fire or medical
emergency, Boca Raton's dispatch directly dispatches the appropriate Boca Raton fire rescue
and/or emergency medical services personnel. If the emergency is related to crime or police
related matters, Boca Raton's unified dispatch directly dispatches the appropriate Boca Raton
police personnel.
5. Thus Boca Raton's dispatch system performs the same functions as the County
Dispatch System, and Boca Raton therefore has not utilized, and does not intend to utilize, the
County Dispatch System.
6. Boca Raton's dispatch system has numerous backup systems in place in the event
that Boca Raton's dispatch system goes down. Furthermore, Boca Raton has numerous
emergency rerouting systems in the event that Boca Raton's backup systems fail. The first
rerouting system is to Delray Beach's dispatch system and then to the Palm Beach County
Sheriff's Office. Since the installation of Boca Raton's upgraded dispatch system in 2000, there
has not been a situation where these backup and rerouting systems have failed, and thus the
County Dispatch System has in no event been utilized by Boca Raton.
Delrav Beach's DisDatch System
7. Delray Beach does not utilize the County Dispatch System because Delray Beach,
like Boca Raton, has its own dispatch system.
8. As recently as 2001, Delray Beach spent over $3 million in developing and
constructing its current dispatch system (an 800 Megahertz ASTRO Digital Smart Zone Trunked"
Radio System), which contains state-of-the-art technology and equipment. Delray Beach
3
expends approximately $1.6 million on an annual basis to maintain and provide its dispatch
system to its residents and properties.
9. When someone places a 911 phone call from Delray Beach, the phone call goes
directly to Delray Beach's unified dispatch system. If the call relates to a fire or medical
emergency, Delray Beach's dispatch directly dispatches the appropriate Delray Beach fire rescue
and/or emergency medical services personnel. If the emergency is related to crime or police
related matters, Delray Beach's unified dispatch directly dispatches the appropriate Delray Beach
police personnel.
10. Thus Delray Beach's dispatch system, like Boca Raton's dispatch system,
performs the same functions as the County Dispatch System, and Delray Beach therefore has not
utilized, and does not intend to utilize, the County Dispatch System.
11. Delray Beach's dispatch system has numerous backup systems in place in the
event that Delray Beach's dispatch system goes down. Furthermore, Delray Beach has
numerous emergency rerouting systems in the event that Delray Beach's backup systems fail.
The first rerouting system is to the Palm Beach County Sheriffs dispatch system and then to
Boynton Beach's or to Boca Raton's dispatch systems. Since the installation of Delray Beach's
upgraded dispatch system in 2001, there has not be a situation where these backup and rerouting
systems have failed, and thus the County Dispatch System has in no event been utilized by
Delray Beach.
The County's Plan to Usurp the
Traditional Municioal Services of Fire Rescue Disoatch
12. In 2003, the County determined that it wanted to take over the traditional
municipal service of fire-rescue dispatch and have the County provide fire-rescue dispatch
4
services countywide. The County Attorneys' Office, however, determined and advised the
County Commission in an April 9, 2003 memorandum that "the County may not require
municipalities to give up their own dispatch service in favor of a central countywide dispatch
service unless such transfer is approved in multiple referenda or mandated by a special act."
13. The County's prohibition from forcing municipalities to transfer dispatch services
to the County (absent resolutions by the governing bodies and dual referenda) is grounded in
Article VIII, ~4 ofthe Florida Constitution:
By law or by resolution of the governing bodies of each of the governments
affected, anv function or power of a county, municipality or special district may
be transferred to or contracted to be performed by another county, municipality or
special district, after approval bv vote of the electors of the transferor and
approval by vote of the electors of the transferee, or as otherwise provided by law.
(emphasis added)
14. Faced with the prohibition from directly forcing municipalities to give up their
own dispatch services, the County pursued a plan under which it would do indirectly, that which
it could not do directly. The plan entailed changing the manner in which the County's Dispatch
System would be funded.
Fundinl! for the County Disnatch System
15. For the 2004 Fiscal Year and for years prior thereto, the County funded the
County Dispatch System, in part, from a Municipal Services Taxing Unit (the "MSru").
16. On September 30,2004, the County approved its budget for the 2005 Fiscal Year.
The budget provides that approximately $3.2 million from the County's general funds will be
utilized to fund the County Dispatch System. This amount reflects a $2.2 million transfer from
the County's general fund and an additional $976,676 that purportedly funds the "Basic Life
Support" (also known as "BLS") dispatch services provided by the County.
5
17. On September 22,2005, the County approved its budget for the 2006 Fiscal Year.
The budget provides that approximately $8.85 million from the County's general funds will be
utilized to fund the County Dispatch System. This amount reflects a $8.63 million transfer from
the County's general fund and an additional $220,000 that purportedly funds BLS dispatch
services provided by the County.
18. Such general funds consist of County revenues derived from the County's
residents, including those residents in the Cities, who do not utilize or derive any benefit from
the County Dispatch System.
19. The County Dispatch System is a service and/or program that has been rendered
specifically for the benefit of the property and or residents in unincorporated areas of the County.
However, the County is utilizing countywide revenues, including ad valorem taxes,l to provide
funding for the County Dispatch System.
Funding the County Dispatch System
from Ad Valorem Taxes amounts to Double Taxation
20. The funding of the County's Dispatch System through countywide revenues
amounts to double taxation because the County seeks to pay for (out of countywide revenues)
and impose upon the Cities fire rescue dispatch services that are already being provided by the
Cities to (and already paid by) the Cities' residents.
21. The County's dispatch expenditure is duplicative and does not provide the
requisite real and substantial benefit to the taxpayers in the Cities who are already paying the
Cities to provide the same services.
I Approximately 13% of the County's total ad valorem taxes is from the City of Boca Raton and
4.88% ofthe County's total ad valorem taxes is from the City of Delray Beach.
6
The Constitutional and Statutory Prohibition of Double Taxation
22. In 1968, the people of the State of Florida approved Article VIII ~1(h) of the
Florida Constitution, which provides:
TAXES; LIMITATION
Property situate within municipalities shall not be subject to taxation for services
rendered by the county exclusively for the benefit of the property or residents in
unincorporated areas.
23. This constitutional provision prohibits the taxation of municipally-situate property
by the County for any services rendered by the County ''where no real or substantial benefit
accrues to city property from such services." City of St. Petersburg v. Briley, Wild and Assoc.,
Inc., 239 So. 2d 817, 822-823 (Fla. 1970). Conversely, this provision permits such taxation
where such service is found to be of real or substantial benefit to such property. Id.
24. Furthermore, Section 125.01(7), Florida Statutes, provides:
No county revenues, except those derived specifically from or on behalf of a
municipal service taxing unit, special district, unincorporated area, service area, or
program area, shall be used to fund any service or project provided by the county
when no real and substantial benefit accrues to the property or residents within a
municipality or municipalities.
25. The intent of the framers of Article VIII, Section l(h) was to "prevent double
taxation of municipally-situated property for a single benefit." See City of St. Petersburg v.
Briley, Wild & Assoc., Inc., 239 So. 2d at 822-823. To interpret the language used in this
provision to mean that the County could tax the Cities' residents for County imposed services
that the Cities already provide, and for which their respective residents already pay, would
arguably "do violence to the intent and purpose of the framers and of the people adopting the
1968 Constitution." Id.
7
The Real and Substantial Benefit Test
26. In order for a benefit to be "real or substantial," there must be "a minimum level
of benefit which is not illusory, ephemeral or inconsequential." See Town of Palm Beach v.
Palm Beach County, 460 So. 2d 879, 881 (Fla. 1985). Thus, the issue is whether the County
Dispatch System, funded by countywide revenues (including ad valorem taxes), provides a
sufficient real and substantial benefit to the Cities' residents such that it can survive scrutiny
under the applicable constitutional and statutory limitations on the expenditure of countywide
revenues.
The County Dispatch System
Does not Provide anv Real and Substantial Benefit to the Cities
27. Under the County's adopted budget, the Cities' citizens will be taxed for the
countywide dispatch services (which they have not and will not use) notwithstanding the fact the
Cities already have fire-rescue dispatch services, for which their respective residents are already
being taxed. The Cities' residents will not receive any real and substantial benefit from the
County Dispatch System because they already have their own respective dispatch systems and
have no intention of abandoning them.
28. Countywide revenues, including ad valorem taxes, cannot be used to fund the
County Dispatch System because it does not provide a "real and substantial" benefit to the
taxpayers within Boca Raton or Delray Beach, who already pay for and receive their own
dispatch services from Boca Raton and Delray Beach, respectively. Thus, the County's
countywide funding of its County Dispatch System amounts to double taxation and is therefore
in violation of Article VIII ~ I (h) of the Florida Constitution and Section 125.01(6) and (7),
Florida Statutes.
8
The County's use of Countywide Revenues Also Violates Article VIII. Section 4
29. Article VIII, S4 of the Florida Constitution prohibits the County from requiring
that the Cities relinquish their own dispatch service in favor of the County Dispatch System,
absent Cities' consent and approval in a dual referenda. Under Florida law, a governmental
entity may not do indirectly that which it cannot do directly.
30. The County's scheme indirectly forces Cities to give up the traditional municipal
service of fire-rescue dispatch through economic coercion and therefore is in violation of Article
VIII, S4 of the Florida Constitution.
The Cities' Resolutions Pursuant to Section 125.01(6). Florida Statutes
31. The instant petition has been authorized by the Boca Raton City Council under
Resolution No. _-2005, pursuant to Section 125.01(6)(a), Florida Statutes.
32. The instant petition has been authorized by the DeJray Beach City Cornmission
under Resolution No. _-05, pursuant to Section 125.0l(6)(a), Florida Statutes.
The County must file its Response to the Instant Petition within 90 davs
33. Pursuant to Section 125.0l(6)(b), Florida Statutes, the County must, within 90
days from the receipt of the instant petition:
file a response to such petition, which response shall either reflect action to
develop appropriate mechanisms or shall reject such petition and state findings of
fact demonstrating that the 'service does not specially benefit the property or
residents of the unincorporated areas.
34. Accordingly, the County should develop an appropriate funding mechanism for
the County Dispatch System (other than from the County's general fund) as it does not have any
"real and substantial" benefit to the taxpayers within Boca Raton or DeJray Beach.
9
Respectfully submitted,
Diana Grub Frieser
City Attorney
City of Boca Raton
201 W. Palmetto Park Road
Boca Raton, FL 33432
Susan Ruby
City Attorney
City of Delray Beach
200N.W. 1st Avenue
Delray Beach, Florida 33444
WEISS SEROTA HELFMAN P ASTORIZA
GUEDES COLE & BONISKE, P.A.
Co-Counsel for the City of Boca Raton
& City of Del ray Beach
3107 Stirling Road, Suite 300
Fort Lauderdale, FL 33312
Telephone: (954) 763-4242
Telecopier: (954) 764-7770
By:
Jamie Alan Cole
Florida Bar No.: 767573
Matthew H. Mandel
Florida Bar No.: 147303
10
tM7-oiC.
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
SUBJECT: AGENDA ITEM # %? - REGULAR MEETING OF DECEMBER 13. 2005
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
DECEMBER 9, 2005
Attached is the Report of Appealable Land Use Items for the period December 5, 2005 through
December 9, 2005. It informs the Commission of the various land use actions taken by the designated
boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmemo 121305
J "'_--'----w_~.~rii .... '-'j_njr-'''-'''--''''i:.,~ ---. .--"'..-'"11
";C'"" .,!':-:;-""'.'0~. .",,'5;0,-, .-':'3",::[;_ ','COMMISSION'. : ...' , r;NTAnv"'~"i'''''''"''':''''' "".>;i=.;-: ,"0,,:. , l:Tii' ";c,:'"
DAVI~HARD , CI MANAGER
PAUL b~G, DIREC ~F LANNING AND ZONING
JASMIN ALLEN, PLANN ~~ ~\
MEETING OF DECEMBER 1 ,2005 "CONSENT AGENDA"
REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 5, 2005 THRU
DECEMBER 9, 2005
r~I;":'-'<iS; , "":':!!i',--';-"AC'fiON Re(iue$TE,DO~ COMMISSION "''ljjl;; >:~i:,'7,,,'i;j;;";: I
TO:
THRU:
FROM:
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made by
various Boards during the period of December 5, 2005 through December 9, 2005,
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 appeal period has not occurred), Section 2,4,7(E), Appeals, 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,
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A, Postponed (7 to 0), a request for a Certificate of Appropriateness and variance associated
with the installation of a trellis at 236 Dixie Boulevard, located on the south side of Dixie
Boulevard, between NE 2nd Avenue and NE 3rd Avenue, The Board requested that drawings
be submitted and that the applicant be present to provide clarification of the application.
B. Tabled (7 to 0), a request for a Certificate of Appropriateness associated with the
construction of a new single family residence for North Del-Ida Estates, Lot 2, (formerly
106 NE 7'h Street), The Board requested that the applicant submit revised plans to address
the comments raised during the meeting.
C. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural
elevation plan and a Certificate of Appropriateness for the La France Hotel, located at 140
NW 4th Avenue (west side of NW 4th Avenue, between NW 1st Street and Martin Luther King
Jr. Drive). The proposal involved the renovation of the La France Hotel and the construction
of a new 2-story building to accommodate a senior housing facility. Concurrently, the Board
approved a variance regarding the minimum room size required for a senior housing facility,
"JNG!AN~ZOl\lINQ;~A1m["t-ii?'i;[f:'{"~", ":!' (~t~~i':"?':
No Regular meeting of the Planning and Zoning Board was held during this period,
City Commission Documentation
Appealable Items Meeting of December 13, 2005
Page 2
,.:", ,CC"Y: .,~...",,~ "~~';~"~""SITEJ~J:;:~~IEW.'AND'AA~Ce'SOI'RD'"::--'-!1I"'!~""j,~;''(~:I
No Regular Meeting of the Site Plan Review and Appearance Board was held during this period,
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By motion, receive and file this report,
Attached: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting - GULF STREAM BLVD
December 13, 2005
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A. 236 DIXIE BL VD
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CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
NOVEMBER 2004
.. DIGITAL BASE MAP SYSTEM--
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERZ:7v/
AGENDA ITEM # 9A - REGULAR MEETING OF DECEMBER 13. 2005
CONDITIONAL USE REOUEST /SPIN 2 WIN
TO:
SUBJECT:
DATE:
DECEMBER 12, 2005
Consider approval of the attached request regarding moving Item 9A, Conditional Use/Spin 2 Win,
to the end of the Regular Agenda.
Due to the Commission's postponement of this item, the City's expert, Bob Goldstein, and the
Applicant's attorney, Jason Mankoff, have not had sufficient time to rearrange their schedules and will
not be able to attend the December 13, 2005 City Commission Meeting until 8:00 p.m.
Recommend approval of the request to reorder the Regular Agenda and move Item 9.A to the end of
the Regular Agenda as Item 9.K.
S:\City Cl,tk\agenda momos\Spin 2 Wm R"l121lO5
12/12/2005 14:43 FAX 5812784755
CITY A HORNEV
+ City Manager
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[ITY DF DEIAAY BEA[H
CITY ATTORNEY'S OFFICIE
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, 'III! DATE:
Wrile(s Direclline: 561/243-7090
MEMORANDUM
December 12, 2005
1991
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TO:
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
(' ((/:)
)
SUBJECT: Soln to Win
Spin to Win is currently listed on the Agenda as the first Quasi-Judicial Hearing
Item on the Regular Agenda. I would like to have this item moved to the last item
on the Regular Agenda on the basis that Mr. Bob Goldstein, the City's expert, and
Mr. Jason Mankoff, the Applicant's attorney. both stated that they would be unable
to be at the Commission meeting until after 8pm due to the fact that Mr. Goldstein
is driving down from Orlando and Mr. Mankoff will be returning from Tampa. If
you recall, this item was postponed from last week's agenda and so both parties
have not had adequate time to rearrange their schedules accordingly.
Thank you for your consideration of this request.
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER fJ!'1
AGENDA ITEM # q A - REGULAR MEETING OF DECEMBER 13. 2005
CONDITIONAL USE REOUEST /SPIN 2 WIN
SUBJECT:
DATE:
DECEMBER 9, 2005
This item was PULLED (postponed) from the December 6, 2005 City Commission Agenda,
Attached are examples of form letters received on this item. The following is a summary of the
letters received:
Ty.pe of Letter
Amount
Business
Tenant
Resident
5
12
39
A full set ofletters are available for review in the City Clerk's Office.
S: \City Clerk\agcnda memos\Spin 2 Win121305
CITY COMMISSION DOCUMENTATION
~
I
TO:
FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLING, DIRECTOR OF PLANNING AND ZONING/11~' -f--
SUBJECT: MEETING OF DECEMBER 6, 2005
CONDITIONAL USE REQUEST TO ESTABLISH AN ADULT GAMING CENTER TO BE
KNOWN AS "SPIN 2 WIN" AT THE DELRAY SQUARE PLAZA PURSUANT TO LDR
SECTION 2.4.5 (E).
At its meeting of October 19, 2004, the City Commission adopted Ordinance 58-04, which established
criteria intended to regulate adult gaming centers that mimic the look and feel of gambling venues, but
are operated in accordance with Florida State Statute Chapter 849 (Gambling), The regulations of these
venues ensure that they are permitted as conditional uses in an appropriate and compatible designation
within the City and that appropriate police powers are established to ensure reduction of any negative
impacts.
A conditional use application has been submitted to establish an Adult Gaming Center, to be known as
Spin 2 Win, in an existing commercial bay (approximately 2,400 square feet) within the Deiray Square
Plaza (14570 South Military Trail, Suites E-2 and E-3), The applicant has proposed no modifications to
the exterior of the building, landscape areas, or parking areas, The business will accommodate 70
gaming machines, and will operate seven (7) days a week between the hours of 9:00 a,m, and 11 :00
p,m, In addition, the business will consist of a "food counter" serving coffee, soda and pre-packaged
food,
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At its meeting of September 19, 2005, the Planning and Zoning Board held a public hearing regarding
the conditional use request. There was no public testimony given either in support or opposition, Since
the hearing, one letter of opposition has been received and is attached to this document. The staff report
identifies that the' request is not consistent with the recent Design Institutes recommendation for the "four
corners site", The report noted concerns with the incompatibility of this type of use with the desired
future mixed-use development pattern for the site, particularly as it relates to any future residential
component, and further states that the most appropriate commercial uses would be those which provide
support services to the surrounding and future on-site residential units, After discussing the request, the
Board voted 4-3 to recommend to the City Commission approval of the conditional use 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,
Recommend denial of the conditional use request to establish an Adult Gaming Center to be known as
Spin 2 Win, by adopting the findings of fact and law contained in the staff report, and finding that the
request is inconsistent with the Comprehensive Plan, more particularly Future land Use Element
Objective A-1, and based upon a failure to make positive findings with respect to lDR Section 2.4.5(E)
(5).
Attachments:
. Planning and Zoning Staff Report dated September 19, 2005
. Location map
. Letters of support
. Letter of opposition
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR SPIN 2 WIN
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
December 13, 2005.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Spin 2
Win, adult gaming center. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. ComDrehensive Plan. Future Land Use Element Objective A-1: This
objective requires that the 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 complementary to adjacent land uses, and fulfills
remaining land use needs.
Is this objective met?
Yes
No
b. Future Land Use MaD: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of GC and is
zoned PC.
Future Land Use - Is project's proposed location consistent with the
Future Land Use Map?
Yes
No
c. Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
d. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes No
II. LOR REQUIREMENTS:
LOR Section 2.4.5(E) Reauired Findinas: (Conditional Use): Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
Yes
No
2
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request and hereby adopts this Order this _ day of
December, 2005, by a vote of
in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin
City Clerk
3
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ___
MEETING DATE:
AGENDA ITEM:
ITEM:
September 20, 2005
IV,D
Conditional Use Request to Establish an Adult Gaming Center to be known as
Spin 2 Win (Quasi-Judicial Hearing),
GENERAL DATA:
Agent / ApplicanL" """" Spin 2 Win LLC
Owner"""...""""""""", Spin 2 Win LLC
Location.""", ..""."""" Northeast Corner of South Military
Trail and West Atlantic Avenue
within the Delray Square Plaza
(14570 S. Military Trail, Suite C-1)
Property Size""""""..,.. 20,32 Acres
Future Land Use Map"" General Commercial (GC)
Current Zoning."..""...", Planned Commercial (PC)
Adjacent Zoning North: Single-Family Residential (R-1-A),
General Commercial (GC), and
Agriculture (A)
South: General Commercial (GC) and
Planned Commercial (PC)
East: Planned Office Center (POC)
West County CG/SE & City GC
Existing Land Use.."..".. Vacant Bay within Shopping Center
Proposed Land Use....... Adult Gaming Center
Water Service'......___..".. Available On-Site
Sewer Service..",,,.....,.... Available On-Site
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The item before the Board is the forwarding of a recommendation to the City Commission on a
request for conditional use approval to establish an Adult Gaming Center to be known as Spin 2
Win, pursuant to Land Development Regulations (LDR) Section 2.4,5(E).
The subject property is located at the northeast corner of South Military Trail and West Atlantic
Avenue within the Delray Square Plaza (14570 South Military Trail, Suite E-2 and E-3), and is
zoned Planned Commercial (PC).
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At its meeting of October 19, 2004, the City Commission adopted Ordinance 58-04, which
established criteria intended to regulate adult gaming centers that mimic the look and feel of
gambling venues, but are operated in accordance with Florida State Statute Chapter 849
(Gambling). The regulations of these venues ensure that they are permitted as conditional uses in
an appropriate and compatible designation within the City and that appropriate police powers are
established to ensure reduction of any negative impacts.
A conditional use application has been submitted to establish an Adult Gaming Center, to be known
as Spin 2 Win, in an existing commercial bay (approximately 2,400 square feet) within the Delray
Square Plaza, The applicant has proposed no modifications to the exterior of the building,
landscape areas, or parking areas. The business will accommodate 70 gaming machines, and will
operate seven (7) days a week between the hours of 9:00 a,m. and 11 :00 p.m, In addition, the
business will consist of a "food counter" serving coffee, soda and pre-packaged food, The
proposed conditional use is now before the Board for action,
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REQIJIRED FINDINGS IChaDter Three):
Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or minutes.
Findings shall be made by the body, which has the authority to approve or deny the
development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the
zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map (FLUM) designation of General Commercial (GC)
and a zoning designation of Planned Commercial (PC), which are consistent with one another.
Pursuant to LDR Section 4.4,12(D) (4), Adult Gaming Centers are allowed as a conditional use
within the PC zoning district subject to meeting the criteria listed in LDR Section 4,3,3(AAA), As
discussed later in this report, positive findings can be made with respect to these criteria; thus
positive findings can be made with respect to FLUM consistency,
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to
new development concurrent with issuance of a Certificate of Occupancy. These facilities
shall be provided pursuant to levels of service established within the Comprehensive Plan.
Planning and Zoning Board Staff Report - September 19, 2005
Conditional Use Request for an Adult Gaming Center Spin to Win
The conversion of the existing 2,400 square foot commercial bay within the existing shopping
center to an Adult Gaming Center will not have an impact on the levels of service for Water and
Sewer, Streets and Traffic, Parks and Recreation, Solid Waste, Drainage, or Schools, Based upon
the above, a positive finding can be made with regard to this level of service standard concerning
the proposed conditional use request.
CONSISTENCY: Compliance with performance standards set forth in Chapter Three and
required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the
basis upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
A review of the Objectives and Policies of the adopted Comprehensive Plan was conducted the
following applicable Objective or Policy were found,
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 complementary to adjacent land uses; and
fulfills remaining land use needs.
Development proposals within established developments should also be consistent and
complementary to existing and future development patterns. This shopping center is part of what
has been deemed the "four corners" site, On December 9th and 10th of 2004, the Florida Public
Officials Design Institute of Abacoa (a collaboration of Florida Atlantic University Center for Urban
and Environmental Solutions and South Florida Community Leaders) selected two sites within the
City for further study. These sites included the four corners site which includes the four commercial
nodes at the intersection of West Atlantic and Military Trail. The Institute publiShed the
development recommendations in a "Design Institute Report", The Design Institute's
recommendations for the four corners site was that a master plan in which this site would be
connected as part of a cohesive development of the intersection be prepared. The report included
recommendations that the development mass be increased at the corners and incentives be
implemented to provide mixed-use development including workforce housing. SpeCific
recommendations included:
. Future development should highlight opportunities for a transit orientated development
(TOD) which includes mixed-use development; (TOD is usually a mixed-use development
including moderate to high density housing that emphasizes a pedestrian orientated
environment and encourages the use of public transportation);
· Encourage mixed-use development with commercial or office on the ground floor and
residential above while utilizing new urbanism design elements;
. Encourage adaptive reuse of existing structures and implement zoning changes which
promote mixed-use; and
. Overall focus for the sites should be to distinguish this intersection from others along the
Military Trail corridor,
While the proposed conditional use has limited impact on the current commercial development
pattern, there are compatibly concerns with this type of use and the future introduction of mixed-use
development, particularly the residential component which will include workforce housing, Under a
mixed-use development scenario, the most needed commercial uses would be those which provide
2
Planning and Zoning Board Staff Report - September 19, 2005
Conditional Use Request for an Adult Gaming Center Spin to Win
support services to the residences and not those that would have the potential to drain those
resources, Further, the mix of commercial uses should contribute to the family environment of the
mixed-use development. Therefore, positive findings with respect to consistency cannot be made,
LDR SECTION 2.4.S(EI - REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.S(E) (S), in addition to provisions of Chapter Three, the City
Commission must make findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the neighborhood within
which it will be located;
(b) Hinder development or redevelopment of nearby properties.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina:
Use:
North
General Commercial (GC), Agriculture (A), and
Single-Family Residential (R-1-A)
General Commercial (GC) and Planned
Commercial (PC)
Planned Office Center (PaC)
County Commercial General-Special Exception
(CG-SE)
Restaurant, Agricultural Land, and
Single-Family Dwellings
Retail and Office
South
East
West
Office
Retail
As noted in the previous discussion relating to the Design Institutes recommendation for the "four
corners site", there are concerns with the incompatibility of this type of use with the desired future
mixed-use development pattern, particularly as it relates to the residential component. The most
appropriate commercial uses would be those which provide support services to the surrounding and
future on site residential units, Therefore, the proposed use may hinder development or
redevelopment of this property as well as nearby properties (other four corner sites), Based on the
above, a positive finding can not be made regard to criteria listed in LDR Section 2.4,5(E) (5),
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
LDR Section 4.3.3(AAA) - Adult Gaming Centers:
Pursuant to LDR Section 4,3,3(AAA) (1) (c), Adult Gaming Centers are required to operate under
the following criteria:
1, That an attendant must be provided on the premises during all hours of operation;
2. That the hours of operation shall be limited to 9:00 a.m, to 11 :00 p,m" seven (7) days a
week;
3. That no one under 18 years of age shall be allowed in the Adult Gaming Center;
4. That the consumption andlor possession of alcohol shall be prohibited on the premises;
5, That the license for each machine shall be attached thereto;
6, That the use of gift certificates, gift cards, credit cards or other cash substitutes shall be
prohibited;
7. That prizes shall be limited to $0.75 retail value per game played;
3
Planning and Zoning Board Staff Report - September 19, 2005
Conditional Use Request for an Adult Gaming Center Spin to Win
8, That any machine on the premises of the enterprise or business shall not violate the State's
laws against slot machines and shall be in full compliance with Section 849,16, Florida
Statutes; and
9, That the enterprise or business shall permit unlimited access to law/code enforcement
officials to enter the premises and inspect any machine at any time to ensure that the
provisions of this Ordinance are in compliance,
The above criteria must be adhered to throughout the operation of the proposed Adult Gaming
Center business, should the conditional use application be approved. The applicant has indicated
in this application that the business will operate seven (7) days a week between the hours of 9:00
a,m. and 11 p,m. While food and drink are proposed to be served on the premises, the applicant
has indicated that this will be limited to coffee, soda and pre-packaged food, No alcoholic
beverages are allowed to be served or consumed on the site,
Pursuant to LDR Section 4,3.3(AAA) (2) (b), as a prerequisite to the continuation of the granting of
a conditional use within six (6) months and periodically thereafter during the operation of the Adu/t
Gaming Center, the Chief Building Official, or designee; the City Fire Inspector, or designee; and
the Delray Beach Police Department shall have the right to inspect the premises, certifying that the
adult gaming establishment is operating in accordance with the requirements of law and this
ordinance, If the Adult Gaming Center is found to be in violation of Chapter 849, Florida Statutes,
LDR Section 4,3,3(AAA), or the conditions of conditional use approval, then pursuant to LDR
Section 4,3,3(AAA) (4), a finding can be made that the conditional use is null and void, Based upon
the above, if the conditional use is granted, the Adult Gaming Center (Le. Spin to Win) and any/all
subsequent adult gaming establishments at this location would have to abide by all of the criteria of
LDR Section 4,3,3(AAA) (1) (c).
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The subject property is not located within a geographical area requiring review by the Community
Redevelopment Agency (CRA) or the Downtown Development Authority (DDA),
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's and/or civic associations which
have requested notice of developments in their areas:
. Delray Beach Chamber of Commerce
. Presidents Council
· Progressive Residents of Delray (P,RO.D,)
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting,
I
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The proposed establishment of an Adult Gaming Center within the Delray Square Shopping Center
is inconsistent with the future development direction outlined in the Design Institutes report for the
4
Planning and Zoning Board Staff Report - September 19, 2005
Conditional Use Request for an Adult Gaming Center Spin to Win
four corners area, As outlined in the staff report, positive findings can not be made with LDR
Section 2.4,5(E) (5) regarding the compatibility of the proposed development with the surrounding
properties, Further, the use is not consistent with the Objectives and Policies of the
Comprehensive Plan more particularly Future Land Use Element Objective A-1,
I
ALTettNAliVElIcTiONS ,', '
, 'I
A. Continue with direction,
B, Move a recommendation of approval of the conditional use request to allow for the
establishment of an Adult Gaming Center for Spin 2 Win, by adopting the findings of fact and
law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4,5(E) (5), 4,3,3(AAA), and
Chapter Three of the Land Development Regulations,
C, Move a recommendation of denial of the conditional use request to allow for the establishment
of an Adult Gaming Center for Spin 2 Win, by adopting the findings of fact and law contained in
the staff report, and finding that the request is inconsistent with the Comprehensive Plan more
particularly Future Land Use Element Objective A-1, and failure to make positive findings with
respect to LDR Section 2.4,5(E) (5).
I'"
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Move a recommendation of denial of the conditional use request to allow for the establishment of an
Adult Gaming Center for Spin 2 Win, by adopting the findings of fact and law contained in the staff
report, and finding that the request is inconsistent with the Comprehensive Plan, more particularly
Future Land Use Element Objective A-1, and based upon a failure to make positive findings with
respect to LDR Section 2A.5(E) (5).
Attachments: Location Map and Floor Plan
Staff Report Prepared by: Paul Dorling
5
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TO: CITY OF DELRA Y BEACH
CODE ENFORCEMENT
RECEIVED OCT 202005
FROM: CONCERNED DELRA Y BEACH CITIZEN
I'M CONCERNED WITH THE ENFORCEMENT OF THE ADULT
GAMING CENTERS IN OUR AREA. MY WIFE VISITS THEM
ATLEAST 3 - 4 TIMES A WEEK, AND SPENDS HER WHOLE SOCIAL
SECURITY CHECK. (SPINNERS ARCADE - LINTON & MILITARY)
SHE BRINGS HOME TIIESE PRE - PAID VISAS. TIIE DELRA Y
BEACH ORDINANCE (SECTION 4.3 -7 ,AMD. ORD 58-0410/19/04)
CLEARLY STATES NO GIFT CERTIFICATES, GIFT CARDS, OR
CREDIT CARDS CAN BE REDEEMED AS WINNINGS. THEY ALSO
STAY OPEN ON THE WEEKENDS PAST 11 :00 PM
I READ THAT ANOTIIER ONE OF TIIESE PLACES ARE TRYING TO
OPEN NEXT DOOR TO THE DRIVERS LICENSES OFFICE ON
ATLANTIC AVE AND MILITARY TRAIL
THERE ARE ENOUGH OF THESE PLACES ALREADY LIKE THE
ONE IN THE FLEA MARKET ON ATLANTIC JUST WEST OF
MILTARY TRAIL, AND THE 2 PLACES THAT ARE ON ATLANTIC
AVE AND JOG RD AREA.
I DON'T THINK THE CITY NEEDS ANY OF THESE
ESTABLISHMENTS. IF THEY DO THE CITY SHOULD DO
MONTHLY INSPECTIONS TO MAKE SURE THEY COMPLY WITH
THE CITY ORDINANCES. IN THIS CASE THEY ARE NOT!!!
I'M ASKlING YOU TO CHECK INTO THIS MA ITER BEFORE THE
"ALL AMERCIAN CITY IS RENAMED TO THE "ALL AMERICAN
GAMBLING CITY"
THANK YOU
CONCERNED DELRA Y BEACH CITIZEN
Septernber 28, 2005
Mayor Jeff Perlrnan
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444,
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW I st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1"1 Avenue
Delray Beach, Florida 33444
Cornrnissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Comrnissioners and Director:
I arn an existing business in the area of the Shopping Center on Atlantic
Avenue and Military Trail. I understand that there is an application for an adult
arcade to be placed in the Shopping Center. I am greatly in favor of any use that will
bring more citizens of Delray Beach to the Shopping Center and surrounding area.
, Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. .
Very truly yours,
--fL (J_, ./U{ </Ut'~
2 7 JJ VU Arr{~vr(' ..4v<.-
U-<.-I r ? OJ' L?
/J ,/? &;4<: (/ FLA' "3 J Vf'..{-
f-/ .:.<K/i".-y ,? -' ,
September 28, 2005
Mayor Jeff Perlrnan
City of Delray Beach
100 NW pt Avenue
Deiray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Comrnissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Deiray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Comrnissioner Rita Ellis
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Cornmissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Deiray Beach, Florida 33444
Dear Honorable Mayor, City Cornrnissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I arn greatly in favor of any use that will bring rnore citizens of
Deiray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
Very truly yours,
~~~z
Septernber 29,2005
Mayor JeffPerlrnan
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Comrnissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW pi Avenue
Delray Beach, Florida 33444
Cornmissioner Rita Ellis
City of Delray Beach
100 NW }"I Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Comrnissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I arn always looking for new entertainrnent options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that rny friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in sorne inexpensive fun.
I arn looking forward to this new activity in our community. I do hope you
approve the arcade.
Qo3 )U c
Dc \ vv'--!
~ .nu
L
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flu€~1
F{. 33LtLllJ
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100NW 181 Avenue
Delray Beach, Florida 33444.
Mr. Paul Dorling
Director of Planning and Zoning
100 NW }"I Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 18t Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW }"IAvenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
1 00 NW }"' Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 18t Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing business in the area of the Shopping Center on Atlantic
Avenue and Military Trail. I understand that there is an application for an adult
arcade to be placed in the Shopping Center. I am greatly in favor of any use that will
bring more citizens of Delray Beach to the Shopping Center and surrounding area.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. .
Very truly yours,
-f!.-<{J- ,/U1 <~r~
2 7 J.J VU ArrtA-<-f7C Av<.-
U.-vl r ? ot.Q
'3' ..J" vVs-
f)t-<FCd..4-y P r:J;4C (/ FL-4
September 28, 2005
Mayor Jeff Perlman
City of DeIray Beach
100 NW 18t Avenue
Delray Beach, Florida 33444.
Mr. Paul Dorling
Director of Planning and Zoning
lOO NW 181 Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
lOONW l81 Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW lSIAvenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
lOONW l8' Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
lOO NW l81 Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing business in the area of the Shopping Center on Atlantic
Avenue and Military Trail. I understand that there is an application for an adult
arcade to be placed in the Shopping Center. I am greatly in favor of any use that will
bring more citizens of Delray Beach to the Shopping Center and surrounding area.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. .
Very truly yours,
.Q-,,~~ ~
~,
j;: c/ ~,zre PJ2)/47 ;:;;",14-
:LoGO J' ~~/4J ;4J~/
.4/
Ge"? /?f~
/
~ .
/' .
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW ls1 Avenue
Delray Beach, Florida 33444.
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
lOO NW 181 Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 18t Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
lOO NW lS' Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
lOO NW 1 st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing business in the area of the Shopping Center on Atlantic
Avenue and Military Trail. I understand that there is an application for an adult
arcade to be placed in the Shopping Center. I am greatly in favor of any use that will
bring more citizens of Delray Beach to the Shopping Center and surrounding area.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. .
Very truly yours,
~~~~ h~\Nt'J
) SCf/5 ~,lAY I '25 ~(j r
CCbL.Q.~y ~~.
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW lSIAvenue
. Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
lOO NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
lOO NW }"I Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
lOO NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing business in the area of the Shopping Center on Atlantic
Avenue and Military Trail. I understand that there is an application for an adult
arcade to be placed in the Shopping Center. I am greatly in favor of any use that will
bring more citizens of Delray Beach to the Shopping Center and surrounding area.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center.
Very truly yours,
GREEK EMPORIWM PLUS
14802 S. MiI~ Trail
Deli'ay selfCh. FL 33484
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444.
Mr. Paul Dorling
Director of Planning and Zoning
lOO NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
lOONW lSI Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beacp.
lOONW lS' Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW IS' Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing business in the area of the Shopping Center on Atlantic
Avenue and Military Trail. I understand that there is an application for an adult
arcade to be placed in the Shopping Center. I am greatly in favor of any use that will
bring more citizens of Delray Beach to the Shopping Center and surrounding area.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. .
Very truly yours,
~
((
l,vL(
/2;~
f2z-, b-~ -rL; ~ II
O~{7 7J~ <--
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
lOONW lSI Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
lOONW lst Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
lOONW lst Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW }"I Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW }"' Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1 sl Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
Very truly yours,
~~~3
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW }"I Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
1 00 NW }"t Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
Very truly yours,
6/1~ 'd'df~
'l)gap/ZiEJ /rf sacL
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
lOONW lst Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
lOONW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
lOO NW lSI Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
Very truly yours,
\
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW IS' Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW lst Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
.
Very truly yours,
~~4 ~~c p~
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
lOONW IS'Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
"
~(
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW l"tAvenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW l't Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
Very truly yours,
<:fe JJ.
p I'e S :Je..v T
LO .....---Sfl.b",-/ l)~ f} ty1 er:u4
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW lst Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
lOONW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW lstAvenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
Very truly yours,
~t ~1{JtA
I f\SUfL uJ S~
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
fj:"?'f ~
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
lOO NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW lsl Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1 s, Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
Very truly yours, f
[.It. ;/tf!L 5
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW}"t Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to b~ placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
Ve
~~,~ ~ "
~ N9\tl S. M i\ l~lVV1 TffVVl
~Q\f~ ~e~ tv
....-
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I am an existing tenant at the Shopping Center on Atlantic Avenue and Military
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
Very truly yours,
l1~ ~ ~L~
(ll~ ~e:w7 ')r-
,I'
"
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1"t Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1"1 Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW IS' Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1'1 Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1"t Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
. I am an existing tenant at the Shopping Center on Atlantic Avenue and Military ,
Trail. I understand that there is an application for an adult arcade to be placed in the
Shopping Center. I am greatly in favor of any use that will bring more citizens of
Delray Beach to the Shopping Center.
Therefore, I hope that you would approve this request to allow an adult arcade
in this Shopping Center. Also, I understand the landlord is strongly in favor of the
approval of this application.
Very truly yours,
6 ;J i)\iJ PrY
K~lL- A\-\I'(\t-l')
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW lst Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincer; ly,
,
Qo3 )lJ E
Dc \ vO,-!
~ I'l cJ
l-
'Gc~
ffu-e ,~
R. ::5 ~LtLllt
September 28, 2006
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW IslAvenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
COJ1lffiissioner Pat Archer
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW lSI Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun. '
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
PP~ ~~~
..5Vctt{ --::toR syTIf( j; S I
~ ~~ (3 c& ::;A.
l ~3 y~
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100NW 18' Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 181 Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW ls1 Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
~~ so9Lf ~f2S'lT~,/i9 sT cf
y;~ ~aW- p-ee ~ I3cJ~ 11-4 '334-0-'-(
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
lOONW lSIAvenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
lOONW lei Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainrnent options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and r have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun,
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
~~
\5lo0 M~ Qir '<<1~
~~~,fL g~4Lg-
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW ls1 Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
, 100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW l8t Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking fo.r new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Tr~il.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
(JJffi,,1JoM~
~'-f97 JJIIJ 3fd j)(IVe.
\::€, ( ray &2tlch I ~L ?:JLf/jj
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW lslAvenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
IOONW 1st Avenue
Delray Beach, Flor~da 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
Jl1fi:~ !~
,
I,~o /'t&X-S./--rs
'L)..o{,rq.J [!,e<c-o.-k
C-<- V<...( -c...
H-
I~(
3 )<{If S-
September 29, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW I s, Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW I't Avenue
Delray Beach, Florida 33444
Co~missioner Jon Levinson
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1'1 Avenue
Delray Beach; Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1 at Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a conveni~nt
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
f:< O;V77JO^ Xb.h9'/!$ {
fill (;.ertn.tM. {"o/;.. 51
'Jell~c..y Bec.-cA.- H<> "]), rC/f(
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW l't Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1'1 Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW l't Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
.
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
fi-! PPC I!c-r1/N1de.. 2-
q Il .5, V It rLA V'<Z-
0...e--Illc..y O~o'cA Flu J'? 'i'l?(
September 29, 2005
Mayor Jeff Perlman
City of Delray Beach
lOO NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1 st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1'1 Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
lOO NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City qf Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
~
'Y~~'. '-"-I' [J ~ ">(,
lr1 .9, Cd I!I zI-?
)e!/Q,y(3ea-cA.!:J;, 3?C(LfC/
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100NW ISIAvenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW lSIAvenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
r' I)':::: Iff?-
-It c..J,fA./. II ,live
'Je-Ir-f oe-c-...cl l2a 33 Yill'
September 29, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW IS! Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely:
,q/J 5;/ U 1111.. Ilue
Derlp--y f)e~c~ /l-c. 3 3 Lj~f'
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1st Avenue
Delray Beach, Florida 33444 ,
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1 sl Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
1 n. 5, w '/JqU<?-
D~/b7 n.:.k. r-:/n-- -S3'/'f'/
September 29, 2005
Mayor Jeff PerllOlan
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
, City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW l't Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW l"t Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
.1I~!i~~~
~ S' ~
d7 .UJ. {/ AVl:~
f)t!L 1<t1Y /Jefl rc 33 I.-{t-r y
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100 NW}"t Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
-
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1'1 Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
M~~
'1/7 50
De{yu1 Bc..~
I / ff-:J 11 uR
fl
3 '3 ~ ~~
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1 st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
r;Cln,- /5('0 Jit::r n &"Ifl cA. z:::. /'
. ~
q/7 5, vJ //'"~A ue
De I,nq,y D ' -./
if~clie J/~
33 C(c;y
September 29, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW lsl Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
September 29, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW l't Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident !of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
I~o.ln 96 .yr~err7 ct,
/' r
1/7 5,~, //"t- ,1ue
Pevj"cty !Jec>-c!t- t!~ 33Ljlff
September 29, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW I st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW l't Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach '
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW l't Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Pelray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
.q I ~ j.tV
~)yzJQcut
UUJJJU1t (/1 0 /f
J {H Au~'-^/d-
~~ :=ti a
33414
September 29, 2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW l't Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW l't Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW lSI Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast comer of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
, approve the arcade.
Sincerely,
,~ .I!)~ '
~J(J ~-$'2.
September 29, 2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW I st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW lsl Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
'~<f~
~16 ~We.. i"l'$+'
pel-dJ! p-e..&ch f-:'I fl.
September 29,2006
Mayor Jeff Perlman
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
lOO NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
lOO NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
{}~
9~ I ~,~~ )ltr~.c
'. f
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW I sl Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
, .
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
80warcO f'
~
0/ 13 j, v. I [tL- A v e
D.e! ('-?, V 13 e t;-~c.-{ Ho
(
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33 LfL/1
September 28, 2005
Mayor Jeff Perlman
City of Delray Beach
lOONW l"t Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking fO,r new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
~Y't~c;JA
I.
,3/0 ;V L-J
/Jz---! /'?L- 0
I?, f. yt<.J1Z.
~ p(,,-r..
b "3 =.5<..( C(C-/
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
]00 NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW pt Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
lOONW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW I sl Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
1~~ Q ~CL"--_
23S0 ~lAY\;dCL SloJ-
D~~ Bch, .:3. L
?'~Y.'03_
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100 NW lst Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW }"tAvenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
lOONW lstAvenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
lOONW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
lOO NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
(tZ~ (h JAJ~:
S;; Q) GS02t<oCQ. fW/1 no
D'1.L(7 (\'(J r:c~\ PLA -S"-St14 Y'
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1 sl Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Oelray Beach
100 NW I st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW lst Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
..1) .0/1)1 N tV 4TU1","~""
S<S2 O~\Q tl1 .pe,
CJz L (2 Cl~{/-1 (fL. ~.>4~IL/
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW l"tAvenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
IOONW lSI Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1 sl Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
jY, 0 DIL \(\ yv1 oe ~w 6
5 ()} CJ)prz f: J 012--
U'lU?A-er Dct--l\ '~oyqLI
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100 NW l't Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1 st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW l't Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1'1 Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
\
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
30a D~fQl~ OQ, [q-A-
D'tL\2.A-i Ul-L ~CecY3l.j4[1
September 29,2005
Mayor Jeff Perlman
City of De1ray Beach
lOONW lst Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW lSI Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
p~ < 4~< 41La-vJ-...
'2 f' 6' S'- S LV z ZA V6
U.fi/ /'/ /0/
O . A is crAc/! ;cLA
,,:';;; (. /f'___or 7 '
"5 31,/ vr
September 29, 2006
Mayor Jeff Perlman
City of Delray Beach
100NW lS' Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1 sl Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
~~dL~->
~/<f /Zl ;J,
34/3 ~ lh~
/l / ~, ""/ ~ L
I~'L/ r
~34Y3
September 29, 2005
Mayor Jeff Perlman
City of Delray Beach
100 NW I st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1"1 Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
j)3o GfhJrtL f1: p)-
, D '1.0 (l4\-j B 014 ~
"'/38
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100NW lstAvenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW l't Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW ISI Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
lOONW ISIAvenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
JJ;~ S#~
j:/ cr CJ aJ&t;l OVfJt
' a(/?7&d;/Y/:1f~
September 29,2005
)
I
/
/
I
Mr. Paul Dorling
Director of Planning and Zoning
100NW 1st Avenue
Delray Beach, Florida 33444
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW lSIAvenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
HlO NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW lSI Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City ofDelray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
~.
300 ~/1jJ7A'I./$ wIlUI_ -rt'/of
J)LJ./?tl'l f3Vlcll s sl/R3
.
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW l"t Avenue
Delray Beadh, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW ISI Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW l"t Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
I~ f2Jk
'''( (,:r A1(~--~ p.^,-~
tJ ejv7
September 29, 2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
IOONW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW ISI Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have' a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
ffin~~
\ 5,\\5
~, ~~
If-I.v,
5 ~"'-.J.
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100 NW lst Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
~ 00 NW 1 st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100 NW }"t Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW l't Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
d^1d0Jru Ltt w
ltrf tl
'[)Jr ~ 'iJuJl,P &. 3;;'\1,f5
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW pt Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW lstAvenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
"'...f~ lW pc~
It-ill C-c. (( ,-", cJ {e C'r
l)c l.r~( bGi-., Ft '"5')'-tV'f
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100NW ISIAvenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
IOONW 1st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
IOONW l"t Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I ;l.m always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast comer of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincerely,
a~-<.(joloA~
/'-1 II 8a {f,'n Lt Ie C-i' ('
J)e. \ r &. ~ B ea-C L F L <...:33 ~L/ '/
September 29,2005
Mayor Jeff Perlman
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 NW 1 st Avenue
Delray Beach, Florida 33444
Commissioner Jon Levinson
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Pat Archer
City of Delray Beach
100NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Rita Ellis
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Commissioner Alberta McCarthy
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Dear Honorable Mayor, City Commissioners and Director:
I truly enjoy living in the great City of Delray Beach, Florida. As a resident of
Delray Beach, I am always looking for new entertainment options. I heard about the
proposed arcade in the Shopping Plaza at the northeast corner of Atlantic Avenue
and Military Trail.
Please approve this application so that my friends and I have a convenient
place to go where we can spend a few hours together, chatting, eating and partaking
in some inexpensive fun.
I am looking forward to this new activity in our community. I do hope you
approve the arcade.
Sincere ,
Sw hevJ V c9V\ I ~ ---
'l~ Qt7J~L?ol ~T1J ,.tt (0 L(
~\(L~ '3'"Sl{l(Y
~...e
1t"~"~t~~~!ffA"~';':'~';~"ll
FROM:
DAyfDJ. HA EN,
PA~ 8O'R&NG, DI TOR OF PLANNING & ZONING
SCOTT PAPE, SENIOR PLANNER~7-
MEETING OF DECEMBER 13, 2005
CONSIDERATION OF A CONDITIONAL USE REQUEST TO
ESTABLISH A FINANCIAL INSTITUTION (LEGACY BANK OF
FLORIDA) WITHIN THE CBD (CENTRAL BUSINESS DISTRICT)
LOCATED ON THE WEST SIDE OF NE STH AVENUE, 284' NORTH OF
ATLANTIC AVENUE (SO NE STH AVENUE) AND FORMERLY
OCCUPIED BY THE WASHINGTON MUTUAL BANK.
TO:
THRU:
SUBJECT:
The subject property consists of Lots 9 and 10, Block 100 of the Town of Delray
subdivision. The property is within the Central Core area of the Central Business
District (CBD) and contains a 3,076 square foot one-story building that was constructed
in 1986 and served as a bank, The bank included four drive-through lanes along the
west side of the building. The property appears to have been under the ownership of
Neil Macmillan at the time of the construction of the bank. A site plan modification was
approved on December 21, 1995 for the addition of an ATM kiosk in one of the drive-
through lanes. The use of the property as a bank ceased on December 3, 2003. The
bank property is currently owned by Carol Stanley. The site plan associated with this
modification indicates that 9 parking spaces within the parking area on the west side of
the alley are designated for the bank's use. This parking area is currently owned by
Macmillan Investment.
The request is to re-establish a bank in the existing building with drive-through facilities.
The applicant has submitted the following narrative that describes the operation of the
proposed bank:
'7he proposed use will be a full service community commercial bank, with 6 employees.
The approximate banking hours will be 8:30 a.m. - 4:00 p.m. Monday through Friday.
The location is the former Washington Mutual Bank and is a location tailored for a bank.
Since the bank will be a commercial bank, there will not be stacking concerns. No
exterior renovations are planned other (than) maybe painting and signage. Thus, traffic
studies and surveys are not being provided. "
Pursuant to LDR Section 4.4.13(D)(5), financial institutions, e.g., banks and similar
institutions including drive-through facilities, are allowed in the CBD zoning district as a
conditional use. It is noted that pursuant to LDR Section 2.4.5(E)(6), when a conditional
use is discontinued or abandoned for a continuous period of 180 days, or an intervening
use is established, the conditional use may not be re-established without approval of a
new conditional use application. According to the occupational license, the previous
bank (Washington Mutual) transferred their license out of the subject building on
December 3, 2003 and the building has remained vacant to date. Since this vacancy
has exceeded 180 days, a new conditional use application has been submitted. The
~6
City Commission Documentation
Meeting of December 13, 2005
Legacy Bank of Florida Conditional Use
Page 2
conditional use request includes the elimination of the 9 off-site parking spaces and
reconfiguration of the drive-through lanes and installation of angled parking spaces
along the west side of the property.
The use falls within the category of Financial Institutions, e.g., banks and similar
institutions, and requires conditional use approval pursuant to LOR Section
4.4.13(0)(5). A detailed description and analysis of the proposal is contained within the
attached Planning and Zoning Board staff report.
Ir:'11i:"~:':i'rt(7; ';:'k~Pt'ANNlNC;'ANn:;Z:tNtI\JG~'SOARD-C\lNltU'ERATION"'':.~t. ,,~~i"'i~
At its meeting of November 21, 2005, the Planning and Zoning Board held a public
hearing in conjunction with the Conditional Use request. After discussing the proposal,
the Board unanimously voted 7-0 to recommend approval of the conditional use for a
financial institution known as Legacy Bank of Florida based on positive findings with
respect to the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E),
4.4.13(0)(5), and Chapter 3 of the Land Oevelopment Regulations, subject to the
conditions outlined in the attached staff report,
Approve the request for conditional use to establish Legacy Bank of Florida, by
adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets
criteria set forth in Sections 2.4.5(E) (5), 4.4.13(0)(5), and Chapter 3 of the Land
Oevelopment Regulations, subject to the following conditions of approval:
1. That a site plan modification application together with a waiver request for the
perimeter landscape buffer be submitted and approved as part of the site plan review
process,
2. That a right-of-way deed be executed and recorded for the 2-foot alley dedication.
3, That the entire site is brought into conformance with the City's landscape
requirements.
Attachments: Planning & Zoning Staff Report for November 21, 2005 Meeting
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR LEGACY BANK OF FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
December 13, 2005.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Legacy
Bank of Florida. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. ComDrehensive Plan - Future Land Use Element Obiective A-1: This
objective requires that the 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 complementary to adjacent land uses, and fulfills
remaining land use needs.
Is this objective met?
Yes
No
b. Future Land Use MaD: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of CC and is
zoned CBD.
Future Land Use. Is project's proposed location consistent with the
Future Land Use Map?
Yes
No
c. Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
d, Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes No
II. LOR REQUIREMENTS:
LOR Section 2.4.5(El Reauired Findinas: (Conditional Usel: Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
Yes
No
2
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5, The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request and hereby adopts this Order this _ day of
December, 2005, by a vote of
in favor and
opposed,
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21, 2005
IliA
Conditional Use Request for Legacy Bank of Florida to establish a bank with driv
through facilities at an existing 2,544 square foot building on the west side of NE 5
Avenue, 284' north of Atlantic Avenue (50 NE 5th Avenue).
GENERAL DATA:
Owner...,. "",."............ Carol M. Stanely Trust "' n
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Agent.,...........,..",."", Weiner & Aronson, P,A, r
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Applicant. .... , " " , ",."." , New BLN Holdings " [3
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Location."""""."",."...,. . The subject property is located on "' '"0 s>,
the west side of NE 5th Avenue, 284' ([]]]J
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north of Atlantic Avenue (50 NE 5th a
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Avenue), 0
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Property Size.................. 0.37 acres
N.L '" "
Future Land Use Map"." Commercial Core
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Current Zoning............... CBD (Central Business District) "
I
Adjacent Zoning....North: CBD (Central Business District)
East: CBD (Central Business District)
South: CBD (Central Business District)
West: CBD (Central Business District)
Existing Land Use.......... Vacant building previously occupied
by Washington Mutual Bank
$.(.
Proposed Land Use........ Conditional Use Request to establish nowTY
ffOOtN.
a bank in an existing 2,544 square I- SANK
foot building
Water Service................. Existing on site. w w
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Sewer Service................ Existing on site. S.E. '"0 ST
.c=l
III.A.
----,--
Planning and Zoning Board Sta" qeport -November 21, 2005
Conditional Use Approval - Le / Bank of Florida
The action before the Board is that of making a recommendation to the City Commission on a
request for Conditional Use approval to establish a bank to be known as Legacy Bank of
Florida, pursuant to LDR Section 2.4,5(E),
The subject property is located on the west side of NE 5th Avenue, 284' north of Atlantic Avenue
(50 NE 5th Avenue),
II'"'~''' "
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The subject property consists of Lots 9 and 10, Block 100 of the Town of Delray subdivision,
The property is within the Central Core area of the Central Business District (CBD) and contains
a 2,544 square foot one-story building that was constructed in 1986 and served as a bank. The
bank included four drive-through lanes along the west side of the building, The property
appears to have been under the ownership of Neil Macmillan at the time of the construction of
the bank, The use of the property as a bank ceased on December 3, 2003, The bank property
is currently owned by Carol Stanley, A site plan modification was approved on December 21,
1995 for the addition of an A TM kiosk in one of the drive-through lanes. The site plan associated
with this modification indicates that 9 parking spaces within the parking area on the west side of
the alley are designated for the bank's use, This parking area is currently owned by Macmillan
Investment
The request is to re-establish a bank in the existing building with drive-through facilities, The
applicant has submitted the following narrative that describes the operation of the proposed
bank:
'The proposed use will be a full service community commercial bank, with 6 employees. The
approximate banking hours will be 8:30 a,m, - 4:00 p,m, Monday through Friday. The location
is the former Washington Mutual Bank and is a location tailored for a bank. Since the bank will
be a commercial bank, there will not be stacking concerns, No exterior renovations are planned
other (than) maybe painting and signage. Thus, traffic studies and surveys are not being
provided, ..
Pursuant to LDR Section 4.4,13(0)(5), financial institutions, e.g" banks and similar institutions
including drive-through facilities are allowed in the CBD zoning district as a conditional use. It is
noted that pursuant to LDR Section 2.4,5(E)(6), when a conditional use is discontinued or
abandoned for a continuous period of 180 days, or an intervening use is established, the
conditional use may not be re-established without approval of a new conditional use application.
According to the occupational license, the previous bank (Washington Mutual) transferred their
license out of the subject building on December 3, 2003 and the building has remained vacant
to date, Since this vacancy has exceeded 180 days, a new conditional use application has
been submitted and is now before the Board for consideration, The conditional use request
includes the elimination of the 9 off-site parking spaces and reconfiguration of the drive-through
lanes and installation of angled parking spaces along the west side of the property.
1
iliA
Planning and Zoning Board St?" qeport -November 21, 2005
Conditional Use Approval - Le I Bank of Florida
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 auth,ority to approve or
deny the development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district
and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of CC (Commercial Core) and a
zoning designation of CBD (Central Business District), The zoning district is consistent with the
Commercial Core Future Land Use Map designation and the proposed use is listed as a
Conditional Use in the CBD district [LDR Section 4.4.13 (D)(5)],
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
Given the previous use of the properly as a bank, the following are the applicable public
services that apply to the proposed conditional use:
Water: Adequate existing water service is available to the site via lateral connection to a 12"
water main along NE 5th Avenue.
Sewer: Adequate existing sewer service is provided to the site via an 8" sewer main along the
alley to the west of the subject property,
Other Facilities: Concurrency findings related to traffic, parks and recreation, solid waste, and
schools are not applicable since the previous use of the commercial property was a bank.
Based upon the above, a positive finding can be made with respect to concurrency.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in lDR Section 2.4.S(E)(S) for the Conditional Use request shall be the
basis upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies that are relevant to the Conditional Use
application are noted:
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 and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
2
III.A.
Planning and Zoning Board St~" qeport -November 21, 2005
Conditional Use Approval - Lf.. ' ,;y Bank of Florida
The building was constructed as a bank with drive-through lanes and operated as a financial
institution until December 2003, The applicant has indicated that the bank will cater to
commercial clients and will not have the same volume of customers as a standard banking
facility. There are no known incompatibilities between the banks that have occupied the site
and adjacent commercial or residential uses, As a functioning mixed-use downtown, there is a
need for banking services within walking distance of Atlantic Avenue, It is also appropriate that
these services would be located on side streets off of Atlantic Avenue where they would not
affect the synergy of the downtown,
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood within
which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
As noted previously, banking institutions have operated at the subject property since 1986 and
there are no known incompatibilities with the surrounding neighborhood, Given the nature of
the bank as a community commercial financial institution, the impact on traffic flow along
Federal Highway should be minimal. The provision of a financial institution along a side street
off of Atlantic Avenue will not have a negative impact on the vibrancy of the Atlantic Avenue
corridor.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request, a sketch plan was submitted which has
been reviewed by staff. Based upon staff's review of the sketch plan and site
inspections, the following has been noted.
Parking Requirements:
LDR Section 4.4. 13(G)(1)(a) states that parking must be provided in this portion of the CBD at a
rate of 1 space per 300 square feet for all nonresidential uses, except restaurants. The 2,544
square foot bank is required to provide 9 parking spaces. There are 5 parking spaces existing
on-site, The conceptual plan indicates that two drive-through bays will be eliminated along the
west side of the property, The resulting paved area will be reconfigured to provide seven (7)
additional angled parking spaces and a 17-foot wide drive aisle. The existing parking area
along the north side of the bank will be reconfigured to provide three standard parking spaces
and a handicap accessible parking space (11 total parking spaces),
Right-of-Way Dedication:
Pursuant to LDR Section 5.3.1 (D)(2), the required alley width is 20' or the existing dominant
width. The existing alley adjacent on the east side of the subject property is 16' wide, In order
to provide adequate maneuvering area within this alley a dedication of 2' will be required
(provided on conceptual plan) and will be addressed during the site plan process,
3
III.A.
Planning and Zoning Board St-" qeport -November 21,2005
Conditional Use Approval - L~_ ,y Bank of Florida
Perimeter Landscaping:
Pursuant to LDR Section 4.6,16(H)(3)(a), a 5'-wide strip of land is required between a vehicular
use area and an abutting road. Following reconfiguration of the parking area along the west
side of the property and dedication of the alley, a 4'-wide strip is proposed. A waiver will need
to be submitted with the site plan modification and considered by the Site Plan Review and
Appearance Board to reduce the width from 5 to 4 feet.
Overall Landscaping:
It is noted that the existing landscaping has not been maintained properly, A condition of
approval is attached that entire site is brought into conformance with the City's landscape
requirements,
Community Redevelopment Agency (eRA)
The CRA reviewed the conditional use request at its meeting of September 8, 2005, and
recommended approval.
Downtown Development Agency (DDA):
The DDA reviewed the conditional use request at its meeting of September 8, 2005 and
recommended approval.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations, which have
requested notice of developments in their areas:
. Progressive Residents Of Delray
. Presidents Council
. Chamber of Commerce
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of the
subject property, Letters of objection, if any, will be presented at the Planning and Zoning
Board meeting,
The proposed bank will occupy a building that was constructed and utilized as a financial
institution with drive-through facilities from 1986 to 2003. There are no known conflicts with
neighboring uses. The nature of the proposed commercial bank will have a reduced client
volume, which will result in less traffic flow along Federal Highway during peak hours than that
of a standard bank. A site plan modification application needs to be submitted that addresses
the improvements to the property including landscaping. The proposed use is consistent with
the objectives and policies of the Comprehensive Plan and Chapter 3 of the LOR Positive
4
iliA
Planning and Zoning Board SI . qeport -November 21, 2005
Conditional Use Approval - LL, cy Bank of Florida
findings can be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the
proposed development with the surrounding properties,
II
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A. Postpone with direction,
B. Move a recommendation of approval of the request for conditional use to establish
Legacy Bank of Florida, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(D)(5),
and Chapter 3 of the Land Development Regulations,
C. Move a recommendation of denial of the conditional use request to establish Legacy
Bank of Florida, by adopting the findings of fact and law contained in the" staff report,
and finding that the request is inconsistent with the Comprehensive Plan and does not
meet criteria set forth in Sections 2.4,5(E)(5), 4.4,13(D)(5) and Chapter 3 of the Land
Development Regulations,
Move a recommendation of approval of the request for conditional use to establish Legacy
Bank of Florida, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and
meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(0)(5), and Chapter 3 of the Land
Development Regulations, subject to the following conditions:
1. That a site plan modification application together with a waiver request for the
perimeter landscape buffer be submitted and approved as part of the site plan review
process.
2, That a right-of-way deed be executed and recorded for the 2-foot alley dedication.
3. That the entire site is brought into conformance with the City's landscape
requirements.
Attachments:
. Location Map
. Conceptual Plan
Report Prepared By: Scott Pape. Senior Planner
5
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FROM:
D~ T. H~TY MANAGER
PALCdRLING. ~CTOR OF P~G AND ZONING
JAMES G. CAIN, SENIOR PLANNE~,/ ""-<-. .2, ~
(/
MEETING OF DECEMBER 13, 2005
CONDITIONAL USE MODIFICATION TO EXPAND THE EXISTING
AUTOMOTIVE REPAIR USE BY CONSTRUCTING A NEW 5.075 SQUARE
FOOT BUILDING FOR ARNST OCEAN AUTOMOTIVE, LOCATED ON THE
WEST SIDE OF NORTH CONGRESS AVENUE, APPROXIMATELY 800 FEET
NORTH OF NW 1ST STREET
TO:
THRU:
SUBJECT:
II
PROJECTilescRlPTiON .
I]
The request is for a Conditional Use modification to expand the existing automotive repair use
on the property to accommodate a new business, Arnst Ocean Automotive will occupy the west
side (rear portion) of the 0,98 acre parcel at 220 N, Congress Avenue, The proposed use falls
within the category of "automobile, paint, body and repair shops", which requires conditional use
approval in the MIC (Mixed Industrial & Commercial) Zoning District.
II
, PLAI\1NINGI;NOZONING<eOARIlI:cONSIDEAATioN 'H
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At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the request and no one from the public spoke, After discussing the proposal,
the Board voted 7-0 to recommend approval of the conditional use modification subject to
conditions,
II ,.
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By motion, approve the conditional use modification request to allow for an additional
automotive repair facility building in the MIC Zoning District for Arnst Ocean Automotive, by
adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), and
Chapter 3 of the Land Development Regulations, subject to the conditions outlined in the
Planning & Zoning Board Staff Report,
Attachments: P&Z Staff Report and Documentation of November 21, 2005
Letter from Jason S, Mankoff, Wiener & Aronson, PA
qc-
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@Zonelaw.com
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
PAMI R. MAUGHAM
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA
Florida Bar Board Certified
Real Estate Lawyer
November 22, 2005
Via Hand Delivery
Mr. James Cain
Senior Planner
City of Delray Beach
100 N, W, 1st Avenue
Delray Beach, Florida
Re: Conditions of Approval
Our File No.: CLAD002
Dear Jim:
Thank you for your continued assistance with regards to the Amst Ocean Automotive
Conditional Use Application, It has come to my attention that the Condition of Approval No,S in the
Staff Report as recommended by the Planning and Zoning Board concerning the ten foot (10')
perimeter buffer is not practical for this project. There is only enough property to provide a five foot
(5') perimeter buffer. A five foot (5') perimeter buffer will also be consistent with the buffering on the
north side of the property,
Would you please address this Condition of Approval in the City Manager Memo which goes
to the City Commissioners prior to the hearing on December 6, 2005, Please also confirm for me
that this matter will go before the City Commission on December 6, 2005,
Thank you very much for your assistance in this matter. Please call me should you have any
questions,
on S. Mankoff
M:ek
Cc: Mr. Paul Dorling, Director of Planning and Zoning (via hand delivery)
Mr, David Clayton
Mr. Beril Kruger
Mr. David Hawke
Michael S, Weiner, Esq,
Ms, Ashlee L Vargo
i~ 2 2005
O:\CLADOO2\Letter to Cain re Condition of Approval. Nav 22. 2005.doc
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR ARNST OCEAN AUTOMOTIVE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
December 13, 2005.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Arnst
Ocean Automotive. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsections I, II and III.
I. COMPREHENSIVE PLAN
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. The subject property has a Future Land Use Map designation of CMR and is
zoned MIC.
Future Land Use - Is project's proposed location consistent with the
Future Land Use Map?
Yes
No
b. Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
d. Consistencv: Will granting the conditional use be consistent with
and further the policies and goals of the Comprehensive Plan?
Yes No
II. LOR REQUIREMENTS:
LOR Section 2.4.5(E) Reauired Findinas: (Conditional Use): Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
III. WAIVERS:
a. Section 4.3.4(H)(6)(b)(5): Along Congress Avenue, from the L-38 Canal
northward to the L-30 Canal, a special landscape area shall be provided. This
landscape area shall be the smaller distance of either 30' or 10% of the average depth
of the property; however, in no case shall the landscape are be less than 10'.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
2
Does the waiver request (reduce the landscape buffer along Congress Avenue from
30 ft. to 28 ft.) meet all the requirements of 2.4.7(8)(5)?
Yes No
b. Section 4.6.9(D)(4)(d): The standard aisle width is twenty-four feet for
normal traffic flow with perpendicular parking. The maximum aisle width is twenty-six
feet (26'). Exceptions may be made at the time of site plan approval in order to
accommodate pickup or drop-off areas. The width of aisles associated with diagonal
parking is per Subsection (4)(e). Two-way traffic flow must be used when
perpendicular parking spaces are used. The minimum aisle width for two way traffic
flow is twenty feet (20') but this dimension can only be used for short distances where
there are no parking spaces entering therein
Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Does the waiver request (increase the parking aisle width from 26 ft to 35 ft.)
meet all the requirements of 2.4.7(8)(5)?
Yes
No
c. Section 6.1.4(C)(1): Minimum Width: A two-way driveway shall normally
have a width of twenty-four feet (24'). In instances where there are no points of conflict
in the immediate vicinity of the driveway and the internal circulation system, the width
may be approved at a minimum width of twenty feet (20'). One-way points of ingress
and egress shall have a width of twelve feet (12'). These minimum provisions do not
apply to detached single family development.
Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
3
Does the waiver request (Increase the width of the two-way driveway entrance from
24 ft. to 35 ft.) meet all the requirements of 2.4.7(B)(5)?
Yes No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
Yes No
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request and hereby adopts this Order this _ day of
December, 2005, by a vote of
in favor and
opposed.
7. Based on the entire record before it, the City Commission approves_
denies _ the waiver requests and hereby adopts this Order this _ day of
December, 2005, by a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
4
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21, 2005
III.B
Conditional Use Modification to expand the existing automotive repair use by
constructing a new 5,075 sq. ft. building for Arnst Ocean Automotive to the west
of an existing automotive facility which is located on the west side of North
Congress Avenue, approximately 800 feet north of NW 1st Street.
GENERAL DATA:
Owner...............,....,..........,.... David Clayton, (3538 Holding Corp.)
Beril Kruger Planning & Zoning
Agent. ......,.................. ...... Consultants &
Weiner & Aronson, PA
ApplicanL........,............"'..... David Clayton, (3538 Holding Corp,)
220 N, Congress Avenue)
0,98 acres! 42,492 Sq. Ft.
CMR (Commercial)
MIC (Mixed Industrial-Commercial
Mixed Industrial & Commercial MIC)
Mixed Industrial & Commercial MIC)
Mixed Industrial & Commercial MIC),
Community Facilities (CF)
Single Family Residential (R1-AA)
West:
Existing Land Use.................. Auto Repair
Proposed Land Use................ Auto Repair
Water Service........................ Existing on site
Sewer Service......................, Existing on site
Location......"""........,...."",.. ,
Property Size ..........,..........
Future Land Use Map...........
Current Zoning...........,...........
Adjacent Zoning.. ......,..North:
East:
South:
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m.B
The action before the Board is making a recommendation to the City Commission on a request
for a Conditional Use modifiCation and three waivers to construct an additional building on the
site to accommodate Arnst Ocean Automotive, pursuant to LDR Section 2.4,5(E).
The subject property is located at 220 North Congress Avenue, which is on the west side of
North Congress Avenue, between West Atlantic Avenue & Lake Ida Road,
The 0,98 acre sUbject property is zoned MIC (Mixed Industrial & Commercial) and contains an
existing 3,125 sq, ft. auto repair facility, The property has a long history of an automotive related
use since it was developed in 1981, as A & J Auto Tech, Inc. It is now occupied by Hank May's
Tire & Auto, The property was rezoned from LI (Light Industrial) to MIC (Mixed Industrial
ICommercial) in 1990 as a part of the citywide rezoning associated with the adoption of the
Land Development Regulations (LDRs), Pursuant to LDR Section 1,3,7, the previously
established automotive repair facility is considered a conforming conditional use,
The request is for a Conditional Use modification to expand the existing automotive repair use
on the property to accommodate a new business, Arnst Ocean Automotive, on the west side
(back portion) of the 0,98 acre parcel. The proposed use falls within the category of "automobile,
paint, body and repair shops", which requires conditional use approval in the MIC Zoning
District.
Also requested are waivers 1) to reduce the landscape buffer along Congress Avenue, 2)
increase the widths of the driveway entrance, 3) width of parking aisle,
Arnst Ocean Automotive is moving from its downtown location at 131 NE 5th Avenue, an area in
which redevelopment is occurring, It will occupy a new 5,075 sq, ft. building to be located west
of the existing 3,125 sq. ft. building, The existing business, Hank May's Tire and Auto, will
remain in operation with Arnst Ocean Automotive acquiring property ownership of the entire site
and leasing back the 3,125 sq, ft, building to the existing business. The hours of operation for
each business will be Monday through Saturday, 7:30 a.m. to 6:00 p,m, This has been attached
as a condition of approval.
REQUIRED FINDINGS: (Chapter 31:
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and
the zoning district must be consistent with the land use designation).
Planning and Zoning Board Sta' sport, November 21, 2005
Arnst Ocean Automotive - Condlllonal Use Approval
The subject property has a Future Land Use Map designation of CMR (Commerce) and a
zoning designation of MIC (Mixed Industrial and Commercial). The MIC zoning district is
consistent with the CMR Future Land Use Map designation and an "automobile paint, body, and
repair shop" is listed as a Gonditional Use in the MIC district [LDR Section 4.4.19(D) (1) (c)].
Based upon the above, positive findings can be made with respect to Future Land Use Map
Consistency,
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of .occupancy. These
facilities shall be provided pursuant to the LOS established within the Comprehensive
Plan.
Water and Sewer:
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to
meet the adopted Level of Service (LOS) at the City's build-out population based on the current
FLUM. The expansion of the auto repair-service use will not increase the demand on water and
sewer compared to other commercial uses, Further, other auto related businesses are located
in close proximity to the subject property (e,g, Congress Avenue Auto Center to the north),
There is an 8" PVC sewer main and 8" water line servicing the site, Based on the above, a
positive finding can be made that concurrency with the adopted LOS will be achieved with the
proposed conditional use request.
Streets and Traffic:
According to the submitted traffic statement, the proposed development would generate an
increase of 4 A.M. and 5 P.M. peak hour trips. The traffic statement has been transmitted to the
Palm Beach County Traffic Division for review, A letter was received from the Palm Beach
County Traffic Division requesting modifications to the traffic statement before the traffic
performance review can be completed, These changes include:
1 ' Specify the existing and proposed uses and use the auto repair shop trip generation rates
which are readily available, The use of industrial trip generation rates is not acceptable
for this particular type of project.
2. Provide a build-out date in the traffic statement.
These two performance standards required by Palm Beach County must be met by the
applicant by revising the traffic study, and this is attached as a condition of approval on this
request.
Solid Waste:
Based upon the Solid Waste Authority's (SWA) trash generation rates, trash generated each
year by the proposed 5,075 sq. ft. automotive repair use will be approximately 9.3 pounds per
sq. ft, or 23,6 tons per year. The SWA has indicated that its facilities have sufficient capacity to
handle all development proposals until the year 2024, Therefore, a positive finding with respect
to this LOS can be made,
Drainaae:
Although a paving and drainage plan is not required for submittal of a conditional use
application, it is anticipated that drainage will be accommodated on-site via an exfiltration
2
m.B
Planning and Zoning Board Sta' , 9port, November 21, 2005
Arnst Ocean Automotive - CondlllOnal Use Approval
system, with an outflow into the E-4 Canal, along the west side of the property. A permit must
be obtained from the LWDD to install the outfall. There are no problems anticipated in
complying with SFWMD and LWOD requirements. Thus, positive findings with respect to this
LOS can be made, If the conditional use modification is approved, a paving and drainage plan
along with drainage calculations must be provided with the site plan submittal.
Parks. Recreation & Schools:
The proposed expansion of the automotive repair use will not have an impact with respect to
concurrency for parks and recreation, or schools.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E) (5) for the Conditional Use request shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in making a finding of overall
consistency. .'
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable policies were found.
Future Land Use Element Policy A-2.4: Automobile uses are a significant land use within
the City and as such they have presented unique concerns. In order to properly control
these uses and guide them to locations which best suit the community's future
development, the following shall apply:
5) Auto related uses which involve the servicing and repair of vehicles, other than as part
of a full service dealership, shall be directed to industrial/commerce areas.
The development proposal is for the addition of a new automotive repair and service use in an
Industrial/Commerce area, on a property that already contains this use, There have been many
similar conditional uses requested that have been granted along this section of North Congress
Avenue and the area is appropriate for this type of use,
Future Land Use Element - Policy C-1.3: The City shall concentrate efforts in the heavy
industrial and undeveloped areas along the arterial roadways in order to provide a better
image of the community. Such efforts should include:
. Regulations which require heavy industrial uses to provide perimeter landscaping of
their sites; and
. Owners of vacant property shall provide a landscaped appearance of their properties.
Pursuant to Section 4.3.4(k), 25% of non-vehicular open space is required. The applicant
proposes 34.6% or 14,717 sq. ft, of landscaped area, including a 5 foot landscaped buffer
around the north, south, and west portions of the site. Thus, this policy has been met. The
proposed landscaping along Congress Avenue is important in meeting the intent of this policy,
therefore, the provision of a 30 foot landscape buffer and upgrade of the landscape material in
the setback between the existing building and the property line along Congress Avenue is
required,
The applicant has submitted a waiver request pursuant to LOR Section 4.3.4(H) (6) (b) (5) to
reduce the required landscaped buffer along Congress Avenue from 30 feet to 28 feet to
accommodate one handicapped parking space for the existing 3,125 sq. ft, auto repair building.
3
III.B
Planning and Zoning Board Sta' eport, November 21, 2005
Arnst Ocean Automotive - Condlltonal Use Approval
SECTION 2.4.S(EI REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.S(E) (S) (Findings), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood within
which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The following zoning designations and uses abut, or are near, the subject property:
The intensification of the automobile repair use on the property is not incompatible with the
surrounding land uses in the area, Although there are residential properties to the west of the
subject site, the LWDD E4 canal and LWDD easement provide a 245 foot separation between
the two uses, In addition to this substantial physical separation, a landscape buffer will also be
required along the rear of the property, east of the LWDD easement, to provide a visual buffer
between the two uses.
COMPLIANCE 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.
If the Conditional Use modification is approved. a site plan modification submittal that complies
with LDR Section 2.4.5(G) will be required. Based upon staff's review of the preliminary site plan
and site inspections, the following items have been identified and will need to be addressed with
revised plans.
LDR Section 4.6.9(CI (SI (bl Parkina Reauirements:
Pursuant to LDR Section 4.6.9(C)(5)(b), vehicle paint, body, and repair shops shall provide
parking at a rate of 4,5 spaces per 1,000 sq, ft. of floor area devoted to such uses. The
applicant has provided a total of 37 parking spaces to accommodate both the existing business
and the proposed new business, The total sq, ft, for both buildings will be 8,200 sq. ft, requiring
a total of 37 spaces including 2 handicapped spaces. The one handicapped space, shown in
front of the existing building, encroaches into the required 30 foot landscape buffer for Congress
Avenue and is requested to be permitted through the granting of a 2 foot waiver to reduce the
30 foot requirement (LDR Section 4,3.4(H)(6)(b)(5)) to 28 feet (discussed later in this report),
The one additional handicapped parking space is shown as close as possible to the new
business entrance doors,
4
m.B
Planning and Zoning Board Sta eport. November 21, 2005
Arnst Ocean Automotive - Condlllonal Use Approval
WAIVERS
Waiver Analysis:
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make
a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or owner.
LDR Section 6.1.4/Cl /21 Drivewav Width
Pursuant to LDR Section l), 1.4(C)(2), the maximum width of the two-way driveway entrance into
the development is 24 feet. The driveway entrance is noted as 35 feet wide on the site plan
which exceeds 24 feet and must be reduced,
The applicant has submitted a waiver justification narrative that states:
"The 24 foot driveway width would be satisfactory if this were a parking lot for a
commercial retail shopping center. This is an automotive repair facility with wreckers
towing disabled vehicles, which exceed 30 feet and sometimes 40 feet. You will notice at
the entrance to gasoline stations, the driveway entrances are usually 35 feet because of
the large trucks that must turn into the gas station. This situation is similar but different.
Congress Avenue is a 120 foot six-lane divided major thoroughfare. When a flatbed
wrecker has to turn into this driveway with a car on the rear, they would have to swing
way out into two lanes in order to make the turn into this project with a 24 foot driveway.
With the 35 foot driveway, the wreckers can stay in the right lane and make the turn.
Vehicles are traveling at a high rate of speed and for a wrecker to have to swing wide to
make the turn into a 24 foot wide driveway would be very dangerous and may cause
unnecessary accidents. Therefore, the wider driveway is needed in this situation. "
They cite gas stations as a type of use in which the 36 foot driveway width is allowed and make
reference to the difficulty of large vehicles being able to maneuver into the facility, Given the
higher traffic volumes this site will generate with two businesses sharing one entrance way and
the safety concerns associated with limited space Staff cari support a positive finding with
respect to 2.4.7(B)(5) for this waiver request.
LDR Section 4.6.9/Dl /41 /dl Parkina Aisle Width
Pursuant to LOR Section 4.6.9(O)(4)(d). the standard aisle width is 24 feet for nonmal traffic flow
with perpendicular parking and the maximum aisle width is 26 feet. The aisle width is noted as
34.8 feet on the site plan and must be reduced accordingly, The additional width should be
utilized to provide and increase the landscape buffer to the perimeter (north property line) and
provide foundation landscaped areas against the building, where possible, This would include
the areas between the garage door openings, Additionally, a raised landing should be provided
at the building entrance to protect customers from stepping directly into the drive aisle,
Walyer Analysis:
The applicant has submitted a waiver justification narrative that states:
5
III.B
Planning and Zoning Board Sta' 3port, November 21, 2005
Arnst Ocean Automotive - Conditional Use Approval
"Automotive uses usually have cars parked inside the bay while another customer may
drive up with a bad alternator or starter and parks outside the bay because they cannot
shut their motor off, which is one reason for the need for additional aisle width. Also
there are flatbed wreckers and wreckers towing cars to be dropped off that stop in the
driving aisle and blocking it for a period of time. The drivers must speak with the shop
owners or sometimes must await the vehicle owner before dropping off the vehicle. We
are therefore asking for an additional aisle width of 35 feet instead of the 24 feet width,
which is usually for vehicles just driving in and parking in a parking lot. This is more than
a parking lot. Some people who are having trouble with their vehicles and cannot turn off
the motor (dead battery) usually park their vehicle with the motor running in front of the
bay doors thus blocking the standard parking aisle width of 26 feet. This happens many
more times than most people expect. In a busy garage this happens many times during
the day. In these situations the parking aisle is still wide enough for a vehicle to pass and
not be held up. "
Because the applicant has chosen to not reduce the parking aisle width, a waiver has been
applied for, along with a rationale for why the waiver request should be granted. The applicant
has stated that the parking aisle width needs to be wider to accommodate two-way traffic, large
trucks, and the queuing of vehicles to be serviced. The applicant explains that an auto repair
facility involves much more vehicular activity than customer parking and that the servicing of
vehicles requires a multi-faceted area for not only customer parking but parking of serviced
vehicles and adequate maneuvering area for towing and delivery vehicles, Given the paramount
issue of safety and the concern with safety related to the ingress and egress and high traffic
volume into the auto repair businesses (two separate businesses sharing one parcel) staff can
support a positive finding with respect to 2.4. 7(B)(5) for this waiver request.
LDR Section 4.3.4/H) (6) /b) /S) Special Landscape Setback:
Pursuant to LDR Section 4.3.4(H) (6) (b) (5), a 30 foot landscape buffer is required along
Congress Avenue. Although, there is currently only a 5 foot landscape buffer, this is a legally
established nonconforming situation, which occurred with the widening of Congress Avenue in
the late 1980s, when the landscape buffer along the west side of the roadway was reduced
accordingly, As noted above, since a major site modification/expansion has been proposed, this
deficiency is no longer considered a legal nonconforming situation; and the site must be brought
into compliance, To conform to this requirement, it will be necessary to relocate the front two (2)
handicapped parking spaces. However, the applicant has requested some relief from this
requirement by requesting a waiver to reduce the landscape buffer to 28 feet (2 foot
encroachment) to allow one handicapped parking space to remain near the existing building and
to relocate one of the two front handicapped parking spaces near as possible to the new
proposed 5,075 sq, ft. building,
Waiver Analvsis:
The applicant has submitted a waiver justification narrative that states:
"There is an existing 2 foot landscape strip between the west property line of the Arnst
Ocean Properly and the existing sidewalk on the west side of Congress Avenue. Since
we are required to only have a 30 foot landscape strip, and because of this requirement it
is necessary for us to move the two existing handicapped parking spaces between the
existing building and Congress Avenue, we are asking the Commission for permission to
use the 2 feet between the sidewalk and property line as part of the 30 foot buffer.
Congress Avenue has been built out and the sidewalk will not be moved. This will allow
us to leave one of the handicapped spaces in front of the existing building and still have
6
III.B
Planning and Zoning Board Sta eport, November 21, 2005
Arnst Ocean Automotive - Condlllonal Use Approval
a 30 foot buffer. There are 46.3 feet from the north edge of the existing building to the
property line and 47 feet from the south edge of the building to the property line. With 12
feet for the handicapped space, 5 feet for walking area, that leaves 29.3 feet plus the 2
feet between the property line and sidewalk for a buffer of 31.3 feet. The grass will still be
left in front (south) of the parking space."
Given the applicant's willingness to modify the site plan, providing maximum landscape width
without diminishing approved square footage, it would appear the granting of a waiver is a
reasonable approach to resolving this situation, The reduction to 28 feet does not affect the
delivery of public services, and will not create an unsafe situation, Under similar circumstances
this would be a reasonable approach to resolving the parking shortage issue and in maintaining
the location of the handicapped parking spaces as near to the building entrance as possible.
This situation would be considered for other landowners therefore it will not result in a special
privilege. Thus, a positive finding with respect to 2.4,7(B)(5) can be made,
LDR Section 4.6.9 (D) (4) (c) Dead-end ParkinQ Bays
Pursuant to LDR Section 4,6.9 (D)(4)(c), a 24 foot wide by 6 foot deep maneuvering area is
required at the end of all dead-end parking bays. The preliminary site plan includes a 26 foot
wide by 6 foot deep maneuvering area,
LDR Section 4.6.6(C) (1) Refuse Facilities:
Pursuant to LDR Section 4,6,6(C)(1), dumpsters, recycling containers and similar service areas
must be enclosed on three sides and have vision obscuring gates on the fourth side, unless
such areas are not visible from any adjacent public right-of-way. The proposed refuse/dumpster
area is to be located between the existing and proposed buildings and will be screened by a 6
foot wood fence with slats in the rear and a double gate in the front. The applicant has provided
a notation on the site plan detailing they will have access by use of a specific roll-out type
dumpster.
LDR Section 4.6.16(H) (3) Minimum Landscape Requirements:
Pursuant to LOR Section 4,6.16(B)(4), if any modification to existing development results in an
increase of 25% in the gross floor area of the structure, or structures, situated on the site, the
entire site shall be upgraded to present landscape standards. If this Conditional Use is
approved, the applicant must submit a Landscape Plan that meets all applicable requirements
of LOR Section 4,6.16(H)(3), as part of the Site Plan submittal for the entire site.
LDR Section 4.6.4(B) Industrial ZoninQ Adiacent to Residential ZoninQ
Where the rear or side of industrially zoned property does not directly abut residentially zoned
property, but is separated from it by a street, alley, railroad, waterway, park, or other public open
space, the industrially zoned property shall provide a 50 foot building setback from the property
line located adjacent to the separator. In addition, either a solid finished masonry wall six feet in
height, or a continuous hedge at least 4,6 feet in height at the time of installation, shall be
located inside and adjacent to that portion of the boundary line of the industrially zoned
property, which directly abuts the residentially zoned property. The 65 foot LWOD utility
easement exceeds the 50 foot setback requirement, but the hedge or wall must be provided. In
addition to wall, one tree shall be planted every 25 feet to form a solid tree line [LDR Section
4.4. 16(H)(3)(e)], This is attached as a special condition,
7
III.B
,
Planning and Zoning Board Sta 3port, November 21, 2005
Arnst Ocean Automotive - Conditional Use Approval
LDR Section 4.6.18 Architectural Elevations and Aesthetics
This requirement is to ensure that site development is appropriate to the surrounding area and
land uses, The building and structure requirements address the provision of a unity of character
and design, In the case of the auto repair shops the proposed new building should have some
architectural consistency with the existing building in terms of the building material and color
scheme, The applicant plans to renovate the existing auto repair shop to match the color and
appearance of the new building construction,
The development proposal is not located within a geographical area requiring review by the
CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority).
The LWDD (Lake Worth Drainage District) has been notified by letter to respond with any
comments, as the property is located adjacent to the E-40 canal and contains a LWDD
easement. Thus far, no response has been received from the LWDD,
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations, which have
requested notice of developments in their areas:
o Neighborhood Advisory Council
o PROD
o Rainberry Lakes Villas
o Chatelaine
o Presidents Council
o Sudan HOA
Public Notice:
Formal public notice has been provided to property owners within a 500 foot radius of the
subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board
meeting,
The proposed Conditional Use modification for the site at 220 North Congress Avenue involves
construction of an additional 5,075 sq. ft. building to accommodate an automotive repair and
service use, known as Arnst Ocean Automotive. Currently, there is an existing 3,125 sq. ft.
auto repair facility located on the site. With the provision of the required perimeter landscape
improvements, which will be addressed with the site plan submittal, positive findings can be
made with respect to Section 2.4.5(E)(5), that the conditional use will not have a significantly
detrimental effect upon the stability of the neighborhood, nor will it hinder development or
redevelopment of nearby properties. The site plan submittal will need to address the site design
and landscape deficiencies depicted in this report, Provided that these items are addressed and
the requested waivers are granted, the proposed land use will be consistent with the policies of
the Comprehensive Plan and Chapter 3 of the Land Development Regulations.
8
m.B
Planning and Zoning Board Sta' eport, November 21,2005
Arnst Ocean Automotive - Conol<,vnal Use Approval
A. Continue with direction.
B. Move a recommendation of approval of the request for Conditional Use modification and
requested waivers to expand the automotive repair use at 220 North Congress Avenue,
and waivers for Arnst Ocean Automotive, 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
2.4,5(E)(5), and Chapter 3 of the Land Development Regulations.
C. Move a recommendation of denial of the request for Conditional Use modification and
requested waivers to expand the automotive repair use at 220 North Congress Avenue,
and waivers for Arnst Ocean Automotive, by adopting the findings of fact and law
contained in the staff report, and finding that the request, and approval thereof, is
inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section
2.4.5(E)(5), and Chapter 3 of the Land Development Regulations,
By Separate Motion:
Waivers:
1. Recommend approval to the City Commission of a waiver to LDR Section 4,3.4(H)(6) (b)
(5), Special Landscape Setbacks, to reduce the required landscape buffer along
Congress Avenue from 30 feet to 28 feet.
2, Recommend approval to the City Commission of a waiver to LOR Section 4.6,9(D)(4) (d),
Parking Aisle Width, to increase parking aisle width from 26 feet maximum to 35 feet.
2. Recommend approval to the City Commission of a waiver to LDR Section 6.1.4(C)(2),
Driveway Width, to increase the width of the two-way driveway entrance into the
development from 24 feet to 35 feet.
Conditional Use:
Move a recommendation of approval to the City Commission of the request for Conditional Use
modification to expand the automotive repair use at 220 North Congress Avenue, for Arnst
Ocean Automotive, 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 2.4,5(E)(5), and Chapter 3 of the Land Development
Regulations, subject to the following conditions:
1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch
plan and addresses the items within the 'Compliance with the Land Development
Regulations" section of this report;
2. That architectural elevations of all sides of the building be provided with the site plan
application which meets the requirements of LOR Section 4.6.18.
9
m.B
Planning and Zoning Board Sta eport. November 21, 2005
Arnst Ocean Automotive - Conditional Use Approval
3, That the hours of operation for each of the automotive repair businesses will be limited to
Monday through Saturday, 7:30 a,m, to 6:00 p.m, and be noted on the site plan.
4, Submittal of a Landscape Plan with the Site Plan submittal that meets all applicable
requirements of LDR Section 4,6, 16(H)(3) for the entire site.
5. A 10 foot perimeter buffer will be provided as either a solid finished' masonry wall 6 feet in
height or a continuous hedge at least 4.6 feet in height along with one tree planted every 25
feet to form a solid tree line at the west portion (rear) of the property adjacent to the LWDD
utility easement.
6. The driveway length along the west portion of the property shall be reduced 5 feet in length
to allow for the 10 foot perimeter buffer.
7, Meet the required traffic performance standards required by the Palm Beach County Traffic
Division by revising the traffic report,
8. That a photometric plan, consistent with the requirements of LOR Section 4.6.8, be provided
with the site plan application.
Attachments:
. Location Map
. Conceptual Site Plan
. Boundary Survey
Report Prepared By: James G, Cain, AICP
Senior Planner
10
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FROM:
Do/ ~ DE, CITY MANAGER
~ORLlNG, DI OR OF PLANNING & ZONING
/ SCOTT AR~ARKING MANAGEMENT SPECIALIST
TO:
THRU:
SUBJECT: MEETING OF DECEMBER 13, 2005 - REGULAR AGENDA
APPROVE A REQUEST FROM CITYWALK @ PINEAPPLE GROVE
FOR THE PURCHASE OF SIX (6) IN-LIEU PARKING SPACES
UTILIZING AN IN-LIEU OF PARKING FEE AGREEMENT
Citywalk, located at 200 NE 2nd Avenue (Pineapple Grove Way) has submitted a Class III site
plan modification for the conversion of a total 1,813 sq, ft. of retail space to restaurant and the
addition of 300 sq, ft. of outdoor dining in the courtyard area along Pineapple Grove Way, The
approved site plan (certified November 9, 2004) contained two small restaurant bays (1,149 and
1,153 sq, ft.) to the north and south of the building entrance on NE 2nd Avenue. The proposed
modification converts the 1,153 sq. ft. bay to the north of the entrance from restaurant to retail
and converts the three (3) retail bays immediately adjacent to the approved restaurant bay to
the south from retail to restaurant (total 1,813 sq. ft. conversion). Additionally, the proposal
provides a total of 300 sq, ft. of outdoor dining to be located in the front courtyard of the building.
This outdoor dining area will enhance the pedestrian friendly atmosphere along Pineapple
Grove Way,
The approved site plan required 150 parking spaces, utilizing the shared parking table, pursuant
to Land Development Regulations (LDR) Section 4,6.9(C)8(a). The site plan provided 146
parking spaces and the applicant purchased four (4) in-lieu spaces. The development could
have provided all its required parking without providing a restaurant, but was accommodating
staff and board requests to have a restaurant component in the development.
The revised shared parking table, provided below, shows the peak parking period to be
weekday evenings between 6:00 PM and Midnight, and its corresponding requirement of 156
spaces.
U$e
Residential
Additional/Guest 42 100% 42 60% 25,2 90% 37,8 80% 33,6 90% 37,8
Office 5% 0 100% 0 10% 0 10% 0 5% 0
CommerciaURetail 56,5 5% 2.825 70% 39,55 90% 50,85 100% 56,5 70% 39,55
Hotel 80% 0 80% 0 100% 0 80% 0 100% 0
Restaurant 26.49 10% 2,649 50% 13,245 100% 26.49 50% 13,245 100% 26,49
Entertainment/Recreational
(theatres, bowling alleys,
ete 10% 0 40% 0 100% 0 80% 0 100% 0
Residential Reserved 40 100% 40 100% 40 100% 40 100% 40 100% 40
TOTALS 165 88 118 156 144 144
9D
City Commission Staff Report
Citywalk @ Pineapple Grove In-Lieu Request
Page 2
The approved site plan provides 150 spaces, thus requiring the provision of six (6) parking
spaces to accommodate the proposed conversion, LDR Section 4,6,9(E)(3) states "When a
requirement for additional parking results from in-fill development, or from a change in use, or
adding floor space to an existing building; the City Commission may approve the payment of a
fee in-lieu of providing such required parking, Before granting such approval, the City
Commission must find that it is impossible or inappropriate to provide the required number of
on-site or off-street parking spaces and that, in the case of building additions, no existing
parking spaces will be eliminated." No existing parking spaces are being eliminated, and it is
impossible to provide the additional parking spaces, Therefore, the applicant is requesting the
purchase of six (6) in-lieu parking spaces at a cost of $6,000 each for a total of $36,000.
Furthermore, pursuant to LDR Section 4,6.9(E)(3)(d) the applicant is opting to enter into an In-
Lieu of Parking Fee Agreement to pay in installments, the first of which would be 50% ($18,000)
at the signing of the agreement with two (2) subsequent payments of 25% ($9,000 each) due on
the 2nd and 3rd anniversaries of the agreement.
LDR Section 4.6,9(E)(3), enacted by Ordinance 74-04, and adopted on January 18, 2005,
prohibit the purchase of in-lieu spaces for new construction, and for changes of use two (2)
years from issuance of the Certificate of Occupancy, However, this Ordinance does not apply
to this development as it was approved on November 19, 2003 and certified on November 9,
2004 prior to the enactment of Ordinance 74-04,
It is noted that a total of seven (7) new on-street parking spaces, for use by the general public,
were included on the approved site plan, five (5) on NE 2nd Avenue and two (2) on NE 2nd
Street.
Community Redevelopment Agency: At its meeting of October 5, 2005, the Board
recommended approval with a 6 -1 vote (Lewis dissenting).
Downtown Development Authority: At its meeting of October 10, 2005, the Board
unanimously recommended approval.
Pineapple Grove Main Street: At its meeting of October 19, 2005, the Board unanimously
recommended approval.
Parking Management Advisory Board: At its meeting of November 22, 2005, the Board
unanimously recommended approval.
Move approval of the request from Citywalk for the purchase of six (6) in-lieu spaces and
associated In-Lieu of Parking Fee Agreement by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive Plan and
meets the criteria set forth in Section 4.6,9(E) of the LDR.
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MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJ7L-1
AGENDA ITEM # q E -REGULAR MEETING DECEMBER 13. 2005
AGREEMENT /BONUS PAYMENT TO [CD SPORTS GROUP. INC.
SUBJECT:
DATE:
DECEMBER 9, 2005
This is before City Commission to consider approval of a bonus payment to JCD Sports Group,
Inc. for FY 04-05 in the following amounts:
Golf Operations:
Tennis Operations:
$9,045.00
$3,901.40
As per contract, a maximum of 15% may be paid in bonuses under each contract and payment is
based on accomplishment of performance measures met.
In the attached letter, Mr. Dubin has indicated actual performance numbers reached in FY 04-05
and has requested an additional bonus due to impacts of last September's hurricanes.
Staff completed a review and analysis of the FY 04-05 performance actuals as compared to the FY
03-04 data for the first quarter of the fiscal year (brief summary is attached); and made
recommendations based on the results regarding the Delray Beach Golf Club, Lakeview Golf
Course and Tennis facilities.
Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other
Professional Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Professional Services),
001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other Contractual Services)
and 001-4210-575-34.90 (General Fund/Tennis Operations/ Stadium).
Recommend approval of a bonus payment to JCD Sports Group, Inc. for FY 04-05 as per staff
recommendations.
S:\City Clcrk\agenda memos\JCD Bonus Payment 12.13.05
JeD
SI'(lI<lS C1<OUP
Golf & Tennis Management, Development & Consultation
A Division of
Dubin & Associates
December 8, 2005
City of Delray Beach
100 N,W. 1st Ave.
Delray Beach, FL 33444
Attn: Mr. Bob Barcinski
Dear Bob,
On December 7,2005 we received the back-up for our bonus request that will
be placed on the December 13, 2005 City Commission agenda.
As we discussed, we don't believe that your recommendation adequately
takes into account factors beyond our control and hope that the City will consider
our comments that our hereby attached in the following memo.
We hope that we will be allowed to voice our concerns at the Commission
meeting.
Yours truly,
<--,.X ~/
Brahm Dubin
cc: Sharon Painter
Cindy Doll
1300 Park of Commerce' Suite 272' Delray Beach, FL 33445' (561) 265-0255' Fax (561) 265-2752
Financial Analysis
Bonus Historv 2003 2004 2005 2005
City JCD
Dubin & Associates, Inc, $ 4,840 $ 6,072 $ 3,016 $ 3,901
Lakeview Golf Club $ 4,840 $ 1,950 $ 1,905 $ 2,857
Delray Beach Golf Club $ 11,000 $ 15,172 $ 7,140 $ 11,242
$ 20,680 $ 23,194 $ 12,061 $ 18,000
Delrav Beach Golf Club
October - December 2002 2003 2004
Golf Actual Actual Actual
Rounds 20341 20659 18711
Golf Fees $ 372,392 $ 404,631 $ 406,607
Range $ 17,483 $ 22,980 $ 20,257
Merchandise $ 29,445 $ 33,089 $ 29,389
Prepaid Dues $ 243,160 $ 237,555 $ 215,050
$ 662,480 $ 698,255 $ 671 ,303
Restaurant
Food $ 187,922 $ 207,828 $ 227,723
Beverage $ 55,970 $ 59,791 $ 71,686
$ 243,892 $ 267,619 $ 299,409
TOTAL $ 906,372 $ 965,874 $ 970,712
Lakeview Golf Club 2002 2003 2004
Golf Actual Actual Actual
Rounds 11429 12061 11813
Playcards $ 122,634 $ 100,679 $ 81,407
Golf Fees $ 151,185 $ 156,607 $ 165,922
Merchandise $ 4,754 $ 3,073 $ 4,930
$ 278,573 $ 260,359 $ 252,259
Tennis Center 2002 2003 2004
Actual Actual Actual
Membership $ 132,575 $ 138,973 $ 126,590
Lessons $ 56,031 $ 62,961 $ 48,787
General Admission $ 15,620 $ 19,833 $ 16,901
Leagues & Tournament $ 7,218 $ 11,777 $ 10,338
$ 211,444 $ 233,544 $ 202,616
Programs 6,145 6,609 5,386
Daily Play 8,677 9,405 7,571
Membership 372 381 339
Delrav Beach Golf Club
For the first quarter of the year (October-December), 2004 reflected a
decrease in rounds of 1948 compared to 2003, and 1630 rounds compared to
2002,
Prepaid Dues were also down $22,505 compared to 2003 and $28,110
compared to 2002.
Total golf fees including golf, range, merchandise and prepaid dues were
down $26,952 in 2004 compared to 2003.
This decrease is calculated before our projected 3% standard increase for
inflation.
Without a doubt, the shortfall in revenue was caused by the hurricanes, It is
well known that the fall hurricanes had a financial effect on businesses well
beyond the 1st quarter of the year.
People simply did not spend as much on non essential items, and potential
tourists either cancelled or postponed their vacations to South Florida. Many
people to date have not made necessary repairs to their homes due to lack of
funds. We can not control acts of God,
JCD worked very hard throughout the year to maintain out market share.
Our bonuses for the prior 2 years were as follows:
$11,000 for 2003 and $15,172 for 2004
Delray Beach Golf Club is well known as one of the finest municipal golf
courses in South Florida
We believe that our year round efforts justify a reasonable adjustment for
circumstances beyond our control.
We believe that our request in the amount of $11 ,242 is fair and reasonable
under the circumstances,
Let us not forget the efforts of JCD Sports Group in the aftermath of the
hurricane whereby our employees put in a countless amount of hours feeding
City employees and working diligently to make Delray Beach Golf Club ready for
business under stressful circumstances.
lakeview
As is the case with Delray Beach Golf Club, the 1st Quarter of 2004 reflected a
decrease in rounds and golf revenues.
We know that our customer base made up of senior citizens, simply did not
spend as much on golf as in previous years. Without a doubt, this shortfall was
caused by the Hurricane.
Our bonuses for the two prior years were $4840 in 2003 and $1950 in 2004.
lakeview Golf Club is also recognized as one of the finest Executive Golf
Courses in the area,
It is due to the hard work of our employees 365 days a year that enables us to
accept such recognition.
We believe that our request in the amount of $2857 is fair and reasonable
under the circumstances.
Tennis Center
In the 1 sl quarter of 2004, compared to 2003, memberships were down 11 %,
daily plays were down 20%, programs were down 18%.
Financially, memberships were down 9%, lessons were down 23%, general
admissions were down 15%, and leagues/tournaments were down 12%.
Again the tennis center was severely impacted by the fall hurricanes in all
areas. We know we were impac.tedwell beyond December 2004.
Our bonuses for the two prior years were $4840 in 2003 and $60n in 2004.
We believe our request in the amount of $3901 is fair and reasonable under
the circumstances.
In summary, JCD Sports Groupi'las again operated Delray Beach Golf Club,
Lakeview Golf Club, and the Tennis Center at a level that is envied by other
municipalities.
We don't believe that bonuses should be calculated solely on performance
measures.
As was the case in this past year, other factors can impact results that should
be considered when determining a bonus calculation.
JCD Sports Group has never requested compensation that it didn't believe
was fair and equitable.
We hope that you will support our bonus request in the amount of $18,000,
[ITY DF DELRAY BEA[H
DEl RAY BEACH
r "" I) ^
IlI.e:I:II
AII.America City
, , III ~:~M:
10() N.W 1st AVENUE
DELRAY BEACH, FLORIDA 33444
561/243-7000
MEMORANDUM
David T. Harden, City Manager
~ Robert A. Barcinski, Assistant City Manager
1993
2001
DATE:
December 6, 2005
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
DECEMBER 13, 2005 CONSIDERATION OF BONUS PAYMENT
TO JCD SPORTS GROUP, INC.
ACTION
City Commission is requested to consider a bonus payment to JCD Sports Group, Inc. as
requested for FY 04-05 in the amount of $14,098.00 for both golf operations and
$3,901.40 for Tennis Operations. Funding is available as follows per FY 05-06 budget:
$15,000 in account 445-4711-572-34.90; $2,500 in account 446-4711-572-34.90 and
$4,000 in account 001-4215-575-34.90 and $2,000 in account 001-4210-575-34.90,
BACK6aOUND
Attached is a letter request along with backup information received from Mr. Dubin
requesting a bonus payment for FY 04-05. As per contract a maximum of 15% may be
paid in bonuses under each contract and payment is based on accomplishment of
approved performance measures. Maximum payment for the Municipal Golf Course is
$17,850; Lakeview Golf Course $3,750 and Tennis Facilities $6,600.
In his letter, Mr. Dubin has listed actual performance numbers reached in FY 04-05 and
has requested an additional bonus due to impacts oflast September's hurricanes.
I have completed a review and analysis of the FY 04-05 performance actuals as compared
to FY 03-04 data for the first quarter of the fiscal year. A brief summary of my analysis
and my recommendations based on the data are as follows:
Delrav Beach Golf Club:
In reviewing the performance measures I did not feel that the hurricane would have
impacted the following performance measures: customer satisfaction survey, golf course
sponsored programs and restaurant and catering sales which exceeded the maximum,
I then looked at the possible impact of the hurricanes on total rounds, gross golf fees, and
merchandise sales.
@ Printed on Recycled Papel
First quarter merchandise sales in FY 03-04 were approximately $3,000 higher than in
FY 04-05. First quarter rounds in FY 03-04 were approximately 1,948 higher than FY
04-05. Gross golf fees excluding permit fees were about flat. However one could argue
that since a rate increase went into effect, in October 2004 had the rounds been higher
THE EFFORT ALWAYS MATTERS
revenue would have been higher. I did not feel that the hurricanes in September 2004
had an impact on permit fees. Permit fees were approximately $38,000 lower in FY 04-
05 than FY 03-04 which continues a downward trend.
If you add the difference in total rounds between FY 03-04 to FY 04-05 actuals the total
would still not meet the minimum rounds required to be met for a bonus consideration.
Under the same reasoning gross golf fees would not have met the minimum either. I
have adjusted the point total for merchandise sales based on my analysis.
Based on this analysis recommended point totals for the Delray Beach Golf Club are as
follows:
Delray Beach Golf Club:
Customer Satisfaction 25
Course Sponsored Programs 2
Golf Rounds 0
Golf Fees 0
Merchandise Sales 3
Restaurant Sales 10
Total 40
Bonus:
$17,850 x.40 = $7,140
Lakeview Golf Course:
I do not think that the impacts of the September hurricanes affected customer satisfaction,
golf sponsored programs, and gross merchandise sales. I reviewed the possible hurricane
impacts on total rounds, golf fees, and food and beverage sales.
Rounds for the first quarter in FY 03-04 were 248 higher than FY 04-05, food and
beverage gross sales were about equal, and golf fees were approximately $9,616 higher in
FY 03-04. If the golf fee difference and round difference are added to the final actual
totals the minimum required for a bonus were not met.
Based on this analysis point totals and a bonus recommendation are as follows:
Lakeview Golf Course:
Customer Satisfaction 25
Course Sponsored Programs 8.3
Golf Rounds 0
Golf Fees 0
Merchandise Sales 10
Restaurant Sales 7.5
Total 50.8
Bonus:
$3,750 x 50.8% = $1,905
Tennis Facilities
I did not feel that customer satisfaction, memberships, program participation, gross lesson
revenue, or gross league revenue performance measures were impacted by the hurricane.
I reviewed possible impacts on daily play counts in the first quarter of FY 03-04 which
were 3,057 higher than FY 04-05 and general admission revenue which was $2,933
higher in FY 03-04 than in FY 04-05, I have adjusted point totals for play counts and
gross general admission revenues based on these differences. Recommended point totals
and a bonus recommendation are as follows:
Tennis Facilities:
Customer Satisfaction
Membership
Daily Players
Increased Program Participation 5%
Achieve Gross Revenues Lessons
Achieve Gross Revenues Leagues
Achieve Gross Revenue General
Admission
Total
o
9
11.5
o
12.3
10
2.9
45.70
Bonus:
$6,600 x 45.7% = $3,016
RECOMMENDATION
Staff recommends consideration of approval of bonus payments per staff
recommendations.
RAB/tas
File:u:sweeney/agenda
Doc: Bonus Payment JCD Sports Group 2005
JCD
SI'OI~IS CI<OUP
Golf & Tennis Management, Development & Consultation
A Division of
Dubin & Associates
Rr::e~"H',"
, L \..... l ,",j ~~.
November 11, 2005
fWV
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Attention: Bob Barcinski
CITY f/I/\t! -'f
Dear Bob,
The two hurricanes of September 2004 significantly impacted our results in the first
quarter of fiscal year 2004-05. Many people could not play golf, buy merchandise, utilize
the range and plan food & beverage events or parties. In the spirit of fairness we are
requesting that JCD Sports Group not be penalized by acts of God and circumstances
beyond our controL
We are therefore requesting an adjusted bonus in the amount of$18,000, This bonus
represents 9,6% of our annual contracts, Our contracts allow for a bonus of 15% of the
contracts which are $188,000 as listed below. In year 2004, JCD Sports Group received a
total bonus of $23,194,
We are requesting that this item be placed on the Commission agenda for the first
meeting in December 2005.
Below we have outlined our bonus requested by facility:
Bonus % Amount of
Based on Bonus Based Requested
Actual on Actual Bonus Total Bonus
Facility Annual Fee Results Results Adjustment Requested
Delray Beach Golf Club $ 119,000 5.64% $ 6,71160 4,530,00 $ 11,241,60
Lakeview Golf Club $ 25,000 7,62% $ 1,905,00 952.00 $ 2,857,00
Tennis Facilities $ 44,000 5,06% $ 2,22640 1,67500 $ 3,90140
Total $ 188,000 $ 10,843.00 $ 7,157,00 $ 18,000,00
Please find enclosed a Customer Satisfaction Survey Comparison for years 2002, 2003,
2004 and 2005 for the Delray Beach Golf Club Golf Operations, Restaurant, Lakeview
Golf Club and the Delray Beach Tennis Center.
At the Delray Beach Golf Club we maintained an average of over a 4 in all surveys,
which we believe is an extremely high average, Stafffriendliness, playing enjoyment and
lesson programs continue to be our strong suit in golf operations, In the Delray Beach
Golf Club restaurant since 2002 we have maintained an extremely high level in average
1300 Park of Commerce. Suite 272. Delray Beach, FL 33445. (561) 265-0255. Fax (561) 265-2752
surveys the 2004 restaurant average is 43, In all areas we found our customers to be
extremely satisfied.
At Lakeview Golf Club the average survey increased to 4.4 in 2005 from 4.2 in 2004,
Staff friendliness and playing enjoyment continue to be our strong suit.
At the Delray Beach Tennis Center this year's survey results are lower than prior years.
We feel this is due in part to the fact that in January 2005 we lost the General Manager
for the Tennis Facilities and are pleased to say that as of September 2005 we have hired
Tomas Ollestad as Director of Tennis. We are confident that with Tomas our survey
results will be much better in the 2005-06 fiscal year. Our highest ratings were in the area
of staff, both Tennis professionals and Front Desk Staff were rated high. Junior programs
were also rated high this year.
We have attached a detailed listing of the 2005 Performance Measures including the
performance measure and our 2005 actual information,
In regard to the performance measures, we accomplished the following at Delray Beach
Golf Club:
Customer Satisfaction Survey
4 or better
25
4.1
Merchandise Sales
$125,000 - $150,000
10
$127,721
We did not accomplish the following:
Golf Fees
$1 ,965,600 ~ $2,065,600
30
$1,903,283
In regard to the performance measures at Lakeview Golf Club we accomplished the
followin :
Customer Satisfaction Survey
4 or better
25
4.4
Merchandise Sales
$17,500 - $22,500
10
$23,037
Golf Fees
$800,000 - $825,000
30
$773,858
At the Delra Beach Tennis Center we accom lished the followin
Memberships
400 - 450
15
430
Lesson Revenues
$169,000 - $269,000
15
$251,294
Program Participants
3% - 5%
10
-7%
Overall, we believe that JCD Sports Group has provided our golf and tennis customers
with a quality playing and dining experience that is admired by other municipal golf and
tennis facilities in South Florida. Our customers are extremely satisfied with our
performance which is reflected in our customer surveys, Our level of service is extremely
high on a daily basis.
Based on our performance we do feel justified in requesting a bonus of 9,6% of our
annual management fee of$188,000 or $18,000,
Thank you for you consideration,
Yours truly,
~~~,
Brahm Dubin
President
CC: Sharon Painter
Cindy Doll
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Delray Beach Tennis Center
Customer Survey Comparison
2000 2001 2002 2003 2004 2005
1. How many times a year do you 100 surveys 117 surveys 149 surveys 151 surveys
play at either of our facilities?
10 2% 12% 9% 8%
25 10% 12% 14% 14%
50 15% 18% 27% 28%
100 32% 20% 26% 25%
150 41% 39% 25% 26%
2. A.re you a
Member? 87% 55% 68% 58%
City Resident? 50% 45% 51% 42%
3. A.re you
Male? 56% 46% 48% 48%
Female? 44% 54% 51% 62%
4. What is your age?
Under 18 0% 0% 4% 12%
19-35 7% 7% 9% 10%
36,50 19% 24% 38% 26%
51-65 34% 36% 27% 30%
Over 65 40% 33% 21% 22%
Please rate the following on a 1-5 scale
1 being the lowest, 5 being the highest
5. Court Conditions
DBTC 3,72 3,40 3.94 4,18 4.42 3,39
DS & TC N/A 3,92 3,91 4,07 4,36 3,06
6. Programs
Adult 3,38 3.13 3,82 4,14 4,39 3.33
Junior N/A 2.89 4.61 4.44 4.30 3,93
7. Staff
Pros 4,44 3,69 4,43 4.48 4,75 3,9
Front Desk. DBTC 4.47 4,62 4,70 4.75 3,99
Front Desk, DS & TC 4,48 4.47 4,32 4,50 4,38 3.97
8. Maintenance I Cleanliness 3,99 3,7 4,15 4.28 4.47 3,5
9, Customer Service 4,59 3.7 4,35 4,54 4,65 3.78
10. Overall Management 3.4 4,14 4.33 4,59 3.45
11. Overall Satisfaction 4.28 4,17 4.37 4,59 3,71
Grand Total: 4,19 4.37 4,51 3.61
AGENDA ITEM NUMBER: ~t
AGENDA REQUEST
Request to be placed on:
Date:
X Regular Agenda _ Special Agenda _ Workshop Agenda
When: December 13, 2005
Description of agenda item:
City Commission is requested to consider a bonus payment to JCD Sports Group, Inc, as
requested for FY 04-05 in the amount of $14,098,00 for both golf operations and $3,901.40 for
Tennis Operations, Funding is available as follows per FY 05-06 budget: $15,000 in account
445-4711-572-34,90: $2,500 in account 446-4711-572-34,90 and $4,000 in account 001-4215-
575-34,90 and $2,000 in account 001-4210-575-34,90,
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Staff recommends consideration of approval of bonus payments per staff recommendations,
Department Head Signature: ,k?~ ~~ /2./&(,,<;,-
,<-,
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: !&;):;t No
Funding alternatives: (if applicable)
IJwd ahov~
Account Description O-Hu y C on.. fro. cfuttf s:eN; U .3
$ 23, ~o2> ./Z;y Do/fU$t S C41--- a--iJ
Account Number:
L/ (j}(JCOZVC-/S
I,-:.ck p{
Account Balance:
City Manager Review:
Approved for agenda&~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
P,O, #
D!<tij11
[ITY DF DElRAY BEA[H
DELRAY BEACH
r '" "A
It.I:IIb:II
AII.America City
\ 1111 ~o.
1993
2001
'i \",' i:-,j i\'/!::iJUE
lit!.>.;.",]' bL~^CH F--L:JHiDA 3:H44
561/243.7000
MEMORANDUM
FROM:
David T. Harden
City Manager
~ert A. Barcinski
Assistant City Manager
DATE: December 8, 2005
SUBJECT: AGENDA CITY COMMISSION MEETING DECEMBER 13, 2005
APPROVAL PERFORMANCE MEASURES - GOLF COURSES
AND TENNIS FACILITIES
Action
City Commission is requested to consider approval of performance measures for fiscal
year 2005-06 for the Municipal and Lakeview Golf Courses, and the Tennis Facilities
Backf!round
Attached are proposed performance measures for the Municipal and Lakeview Golf
Courses, and Tennis Facilities for FY 2005-06. I have also attached copies of the
business plans for your information. Per the terms of the management agreement with
JCD Sports Group, Inc. the performance measures (i.e. goals and objectives) are to be
approved by City Commission. The performance measures proposed are based on the
goals and objectives approved in the FY 05-06 budget, as well as other agreed upon
tasks, The performance measures approved will be the basis upon which a bonus would
be paid to JCD Sports Group, Inc. for FY 05-06. Per the terms and conditions of the
management agreement entered into last year the proposed performance measures and
business plans were received in July, After review these were sent back to Mr. Dubin for
additional information and corrections. Revised performance measures and business
plans were received at the end of August. It was my intent to bring these before
Commission in September for your budget deliberations; however, due to personal
reasons Mr. Dubin was not able to attend the September meetings.
I would also suggest consideration of adding ten (10) bonus points to the Tennis Facility
performance totals if JCD Sports Group is able to land another Fed Cup or Davis Cup
match up.
@) Printed all I-Iccyclc(/ i'diA!!
THE EFFORT ALWAYS MATTERS
q~
Recommendation
Staff recommends approval of the proposed performance measures for the Municipal and
Lakeview Golf Courses, and Tennis Facilities with proposed bonus points for FY 05-06.
RAB:tas
File:u:sweeney/agenda
Doc: golf performance measures 2005-06
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I-
DELRA Y BEACH
GOLF CLUB
BUSINESS PLAN
2005-2006
- - --...-----T-.----..-
J!.USINESS PHILOSOPHY
Delray Beach Golf Club will continue to provide enjoyable quality golf and dining experiences for our
citizens and guests at affordable and competitive prices.
Our staff is friendly, courteous and efficient.
Delray Beach Golf Club is a very important recreational facility of the City ofDelray Beach.
Our facility is available for charitable organizations, civic groups, local businesses, and City sponsored
events. We offer a tiered pricing structure to accommodate the specific customer categories.
JCD Sports Group understands its fiduciary responsibility to the City ofDelray Beach.
As part of an Enterprise Fund, Delray Beach Golf Club will continue to be profitable and strive to
generate approximately $500,000 in operating profit on an annual basis.
Although cash flow is important we will focus on operating profit knowing that our debt service is
fully paid off in 2016.
Therefore we will not sacrifice quality customer service on a day to day basis.
BU&INESS DESCRI~rJON
Delray Beach Golf Club is a 1923 Donald Ross design located off of Atlantic A venue just three miles
west of the historic Downtown Delray Beach area. This jewel is a meticulously manicured
championship track, and features 6,907 yards and a par-no Delray Beach Golf Club is the home of
many of the most prestigious special events in the area, inclnding the annual Jameson Classic Pro-Am,
and the annual Beth Daniel/Meg Mallon Clinic. Delray Beach Golf Club is a full service operation,
with a driving range, putting area, lesson programs, and full restaurant, bar/lounge, and banquet
facilities.
Hours of Operation
Pro Shop
6:30am - 5:00pm
6:30am.- 6:00pm
In Season
OffSeason (Daylight Savings)
Golf carts must be returned at dusk
Restaurant
11 :ooam - 2:30pm Lunch Service
.....
""""""
Lounge
6:00am - 8:00pm
Tee Time Reservations
City residents and Permit Holders may call 3 days in advance to reserve a tee time at 6:30am. Non
residents may call 3 days in advance after 1 0:00am.
Customers
Our customers include the full spectrum of golfers. Our golfers come from every walk of life. They
include juniors, seniors, men, ladies, beginners to advance.
In season, we generate play from local residents and tourists. In the off season the majority of our
golfers are local residents and league players. The majority of our golfers live within 20 - 25 minutes
from our facility.
Delray Beach Golf Club has a very active Men's Golf Association and Ladies Golf Association.
Approximately 80% of our play is 18 hole play.
The breakdown of our rounds is Permit 25%, City Resident 40%, County 20% and Non Resident 15
%.
The majority of our play is between 7 AM and 2 PM in the height of season. In the summer and
shoulder season the majority of play occurs between 7 AM and 11 AM.
In the summer season we host variety of late afternoon leagues between 3PM-5PM during the week.
Staffing
We have a mix of full time and part time personnel including administration, restaurant, golf
operations and golf course maintenance personneL
We offer a benefits package that includes heahh benefits, 40lK matching, and holiday and vacation
time.
JeD Sports Group is a Drug Free Workplace with a safety program that both generate discounts on our
worker's compensation policies.
We maintain a level of staff adequate to provide excellent customer service while balancing the need
to meet our financial projections.
''''''
-
Com,petition
As a municipal golf course we believe that it is important that we offer affordable rates for all of our
players.
We survey our competition and try to position ourselves within rates charged by our competition.
Our competition is Boca Municipal, Boynton Municipal, Lake Worth Municipal, Okeeheelee,
Westchester, Villa Delray, Polo Trace.
'II""
a","OC
PERFORMANCE MEASURES
Goal: To maintain the course at optimum 1C\'els in order to provide an enjoyable, quality golf experience for all the
golfers,
Objective: Aerate greens, tees, fairways at least two times per year.
Aerate greens, tees, fairways at least two times per year.
Ob ectlve: Maintain a minimum of 2,500 participants in community programs.
Program participants including after school juniors, adult
education, junior camps, school gotfteams, and inner city clinics.
% change
Conduct Customer Survey
2,500
0"/0
1
Goal: To maintain a positive flow while generating income in excessive of$3,5 million and to increase the gross revenue
of the clubhouse dining facility to at least $1.2 million by the year 2006,
Objective: Increase revenue from golffecs, range income, merchandise sales and restaurant income"
Gotf Rounds
Restaurant operation net profit (loss)
Restaurant Attendees
Operating Surplus (Net Income as per Comparative
Income Statement)
$86,000
$147,470
$62,500
Pending
,riAlS
..'DI"",
PROGRAM SERVICES
QQ!f
Delray Beach Golf Cub offers private lessons, group clinics, junior camps and inner City programs
throughout the year. All lesson programs are under the direct supervision of Sandra Eriksson, Director
of Teaching, and Bill Kriews, Director of Golf.
We conduct our Nine and Dine on Fridays as well as our Friday Skins game.
We host various golf tournaments during the off season, generally fund raisers to support local civic
organizations.
In the off season we host various corporate leagues during weekday afternoons.
DeIray Beach Golf Club hosts the Junior Golf Club (JGL) which is a program for children ages 7 to 18
to learn golf at a discounted rate. JGL members may play at discounted rates at Delray Beach Golf
Club, Lakeview Golf Club, Southwinds Golf Course, and West Palm Beach Golf Course at various
times throughout the year. JGL member also get discounts on merchandise
We offer 9 hole play, walk or ride, before 8am and after 2:35pm daily. Delray Beach Golf Club has a
driving range. We alternate between grass and artificial mats throughout the year to allow for the
grass to grow.
Food & Beverage
We service on an annual basis approximately 62,500 customers of which approximately 75% represent
banquet patrons.
We have discontinued serving a la carte lunch in the Louise Suggs room and now have it available for
card playing or banquet business.
We continue to offer a la carte lunch business in our bar and patio area. We have downsized the menu
in order to better control food cost and quality.
Our bar offers a wide selection of beers and liquors.
We offer sandwiches, hot dogs, fruit, and snacks at the 19th hole window for our golfers.
We are available for banquet breakfast for civic organizations.
Banquet business is emphasized. We are available for weddings, Bar or Bat Mitzvahs, anniversary
celebrations, business luncheons, card parties and much more.
We serve Easter Brunch, Thanksgiving Dinners, and Mother's Day Brunch.
Our banquet menus offer something for everyone.
!111m:
'""'"""
From elegant cocktail receptions to theme dinners, our dinners are priced from affurdable to very
expensive.
We continue to emphasize "Quality" in all areas including food preparation and service.
Golf Course Maintenance
We implement an agronomic pian that balances our fiscal responsibility with our need to have a golf
course that is well maintained that meets the expectations of our customers.
Our cultural practices are all within the generally acceptable maintenance guidelines including
mowing heights, chemical and fertilizer applications and irrigation.
We will utilize Reclaimed Water to irrigate our golf course in 2006.
Projects are performed on an ongoing basis including cart path maintenance, tree maintenance, bunker
maintenance and lakes.
DeIray Beach Golf Course does preventative maintenance on our golf carts and golf course equipment
on a continual basis.
We are safety minded and conduct fucility inspections and staff meetings to constantly emphasize the
importance of safety in the workplace.
Facility Maintenan...e
We work closely with the City's Public Works Department to maintain our fucilities including the
parking lot, and buildings. We have in place preventative maintenance contracts to ensure that we are
maximizing the useful life of our equipment.
Ca,pital Pian
We analyze all capital needs in such areas as Food & Beverages, Pro Shop, Administration and Golf
Course Maintenance, and prepare a capital needs plan based on available funds.
Special Events
DeIray Beach Golf Clubs conducts varions special events throughont the year.
We have golf tournaments for civic organizations including the Chamber of Commerce, Sister Cities,
and Kiwanis. In addition, we host MGA and LGA Member Guests, bridal shows, free golf clinics,
celebrity golf clinics and much more.
.n..
'"""""
Merchandise
We carry a fully stocked pro shop including balls, gloves, bats, shoes, and various lines of men and
ladies clothing. We attempt to carry a wide selection of low priced to medium priced merchandise.
Our selection of golf clubs is limited. We special order golf clubs and carry a small selection of
individual clubs.
We do buy close out merchandise when possible allowing us to sell quality merchandise at discount
pricing.
Promotions
We offer reduced prices to City Residents and allow golfers to walk before 8 am and after 2:35 pm
daily.
We promote league play in the summer months to City Employees and various local companies.
Delray Beach Golf Club allows Charity Card golfers to play during the off season as well as junior
discounts.
In the off season, Delray Beach Golf Club offers "Box Lunch Mondays" between 11 :30am - 2:30pm.
Each golfer receives 18 holes, cart, range token and a box lunch for $22.00.
Member Guest Days are available to all permit holders during the off season or each first and third
Mondays of the Month. This program allows permit holders to bring a guest who pays cart fee only.
Free 10 Play Mid Day Frequent Players Card are also available during the summer months. This
program gives a golfer a free round of golf after playing 10 rounds between 1 lam - 3pm on weekdays.
On Friday nights at 5:30pm from April until October, Delray Beach GolfCluh offers Nine and Dine.
For $25.00 each golfer gets 9 boles of golf, dinner, and prizes.
9/1~
-
MARKETING PLAN
Our marketing plan involves a variety of print, radio, internet and in-house promotions, all in an
attempt to reach our present and future customers.
We advertise in the Palm Beach Post, Boynton Beach Times, Delray Beach Times and Yellow Pages.
We purchase various ads in local publications including Palm Beach County Sports Commission and
Atlantic High School.
We target tourists through our print ads in Travel Host and our networking with the Palm Beach
County Sports Commission and Convention and Visitor Bureau. At present, our ads are in hotel
rooms in approximately 60 hotels in Palm Beach County.
In addition, we work with local hotels in our Stay to Plan Program to bring tourist to Delray Beach in
the summer months.
Presently we are working with the Delray Beach Marriott, Cranes Beach House, Colony Hotel,
Residence Inn, The Seagate Hotel, Sundy House, Wright by the Sea, and Bermuda Inn.
Delray Beach Golf Club networks in our community through our Community Partner Program
whereby we trade print collateral to promote each others business. At present, we are working with 23
local businesses in the Delray Beach area.
Our website is kept current. We send monthly email blasts to all registered participants. Presently we
have approximately 2700 participants who receive information bulletins on a monthly basis.
Delray Beach Golf Club produces brochures and flyers that are displayed on site and at various
locations throughout our City.
We utilize golf and lesson promotions such as Box Lunch Mondays, 10 Minute Free Lessons,
merchandise specials, Nine and Dine, Out of this World Golf Camp to market our restaurant and golf
operation.
Our restaurant banquet business is marketed through a wide variety of programs.
Specifically we advertise our holiday dinners mainly in the Accent section of the Palm Beach Post.
We utilize email blasts and target wedding business advertising in the Perfect Wedding Guide, The
Knot and attend various bridal shows throughout the year. We do plan to host at least one bridal show
this year at Delray Beach Golf Club.
In all cases, we attempt to generate as much free publicity as possible such as Father Daughter Dinner
Dance that received front page publicity in the Palm Beach Post on Saturday, June 19, 2005.
"""
-"""'"
FINANCIAL PLAN
Budgets
JCD Sports Group submits a detailed budget for City approval on an annual basis.
This line by line budget breaks down all income and expense categories including a detailed capital
budget forecast.
On a daily basis, JCD Sports Group monitors all line items. We approve all expenditures and compare
daily revenues to budget.
Re,porting
JCD Sports Group submits monthly financial reports to the City breaking down number of customers,
revenues, and golf course maintenance practices.
Internally, we prepare reports analyzing income by month, payroll on a biweekly basis and various
other reports including merchandise inventory, food and beverage inventory, merchandise cost of
sales, food and beverage cost of sales and daily activity summaries.
Profit & Loss
In fiscal year 2006, we project that Delray Beach Golf Club will generate approximately $3.6 million
in gross revenues and $3 million in operating expenses resulting in a net Operating Profit of
approximately $600,000.
We project a net cash result of approximately $1,000 after deducting Capital, Transfers and Debt
Service.
It's anticipated that Delray Beach Golf Club will do 86,000 rounds at an average rate of$21.39.
Additionally, we anticipate that the restaurant will serve approximately 62,500 customers generating
in excess of$1.2 million in food and beverage sales.
Delray Beach Golf Club will focus its efforts on reaching out to the community and target golfers who
play at other golf courses. We will attempt to increase utilization of our frequent golfers by offering
various frequent player discounts.
"""
~
Financial Highlights
The major income and expense categories in excess of$75,000 are as follow:
INCOME
Green Fees
Court Fees
Range
Merchandise
Food
Beverage
$ 92,000
$1,747,763
$ 105,000
$ 143,000
$ 915,000
$ 295,000
E~M~E~
Payroll Combined
Contracts administration
Other Insurance
Share administration
Golf Merchandise
Gardening supplies
Food Cost
Capital
$1,304,000
$ 178,300
$ 142,000
$ 100,000
$ 97,240
$ 85,000
$ 320,250
$ 84,300
WlM
'""""'"
LAKEVIEW
GOLF CLUB
BUSINESS PLAN
2005-2006
BUSI~ESS PgIL9S0PHY
Lakeview Golf Club will continue to be known as the best executive golf course in Palm Beach
County and as a youth development fucility.
We offi:r quality services and quality products at a1lOrdable prices 365 days a year. Lakeview Golf
Club staff is friendly, courteous and efficient.
Lakeview Golf Club is a very important recreational fucility of the City ofDelray Beach. We know
that we must be responsive to the needs of our citizens and taxpayers, in a timely manner.
Our focus is to attract juniors and senior citizens who find an executive golf course fun, affurdable and
enjoyable based as their go1fing capabilities.
We therefore offi:r special events, discounted golf rates, discounted league play and our Junior Golf
Club that offer juniors discounted golf merchandise and :free golf at various times throughout the year.
We understand our fiduciary responsibility to the City ofDelray Beach.
As part ofan Enterprise Fund Lakeview Golf Club wiU continue to be profitable and strive to generate
approximately $300,000 in operating profit per year. Ahhough cash flow is important we will focus
on operating profit knowing that our debt service is fully paid off in 2016.
lherefore we do not sacrifice quality customer service on a day to day basis.
BUSINESS DESCRIPTIQ~
Lakeview Golf Club is Pl\lm Beach County's Premier Executive Golf Course, and is a par-60 spanning
3,006 yards. This 1972 classic is in exceptional condition and is a fuvorite for beginners, senior
golfers and juniors. The course a110ws walking on its course 365-days per year, and offers a snack bar
to its customers. Lakeview is the home to many annual tournaments, including the "Goblin" and
"Jingle BeU Scramble" for juniors, and charitable tournaments such as the "Special Olympics Golf
Classic", the "ADT Short Shot Challenge" and the "Golffor AU Classic" to support the Children's
Golf Foundation of West Palm Beach.
Hours of Operation
Pro Shop
7:00am - 5:00pm
7:00am - 6:00pm
In Season
OffSeason (Daylight Savings)
.....
--
In general all carts have to be in by dusk.
Tee Time Reservations
City of Delray Beach Card Holders may call 4 days in advance to reserve a tee time starting at 6:30am.
Non Residents may call 3 days in advance starting at 6:30am.
Customers
Our customers general1y include juniors, seniors. and beginners.
Lakeview emphasizes league play. In season we host approx 500 league players per week. In the off
season we host approx 150 league players per week.
Lakeview has an active Men's Golf Association and Ladies Golf Association.
In general our customers live within 10-15 minutes from Lakeview.
The breakdown of our play is approximately City Residents 35% and Non Residents 65%.
A majority of our play is in the morning, with an additional influx of play in the late afternoon, when
we ofter our late afternoon discounted rates.
Staffin~
We have a mix of full time and part time personnel including clerks, outside staff and maintenance
personnel. Our pay rates are commensurate rate with industry standards and we try to minimize staff
turnover whenever possible.
We ofter a benefits package that includes health benefits, 40lK matching, holiday and vacation time.
JCD Sports Group is a Drug Free Workplace with a safety program that both generate discounts on our
workers compensation policies.
We maintain a level of staff adequate to provide excellent customer service while balancing the need
to meet our financial projections.
Col1lPt'tition
As a municipal golf course we believe that it is important that we offer affurdable rates for all of our
players.
We survey our competition and try to position ourselves within,rates charged by our competition.
Our competition is Sherwood Golf Course, Boca Executive Country Club, Red Reef Park and Boca
Municipal-Executive Golf Course.
.....
_v
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PERFORMANCE MEASURES
Goal: To maintain a net operating surplus through increased income from daily golf fees,
I ObJective: To obtain a standard of 52,000 golf rounds annually, thereby creating a stable income base.
Operating surplus (Net Income as per Comparative
Income Statement)
Number of rounds played
% Change
Daily green fees and cart income
% Change
Pending
52,800
4.3%
775,020
6%
GlIlIl: To continue improvements to the golf course in order to gain recognition as the best executive golf course in Palm
Beach County.
Objective: Continue improvements to golf course, including aeration of greens, tees and fairways at least 2 times
during the year.
Aerate greens, tees, fairways two times per year
2
I Objective: Continue tournament participation and conduct a survey to chart golfer's comments about Lakeview.
Conduct Golfer Participation Survey
Halloween Tourney
Host Special Olympics Tourney
Host Junior Golf Toumey
Host Jingle Bell Tourney
Winter '06
Oct '05
Summer "06
Summer '06
Dee '05
.....
_v
PROGRAM SERVI~ES
Q2.!f
In conjunction with I>elray Beach Golf Club, Sandra Eriksson, Director of Teaching; and Bill Kriews,
Director of Golt: offer junior and aduh clinics throughout the year.
In addition, Lakeview has the Junior Golf Club (JGL), which is an outstanding way fur youngsters
between the ages of7 to 18 to learn golfat a discount rate. By joining the JGL, members may play
at discounted rates at I>elray Beach Golf Club, Lakeview Golf Club, Southwinds Golf Course and
West Palm Beach Golf Course at various times throughout the year.
Junior Golf Club members also get discounts on merchandise.
We host various golf tournaments throughout the year including Special Olympics, Children's Golf
Foundation, Mens and Ladies Golf Association, Civic Organizations and various local community
groups.
Food And Beveralle
Lakeview offers a variety of snacks and beverage options. We sell sodas, bottled water and Powerade.
We sell domestic and imported beers along with hot dogs, piz7a, ice cream, danishes, muffms, candy,
chips and snacks.
S,pecial Events
Lak:eview conducts numerous special events throughout the year.
We host in house league tourneys, charity fundraisers, school competitions and MGAlLGA guest
days.
Annually we host such events as the Special Olympics Golf Tournament, Children's Golf Foundation
GolfToumarnent, Goblins and The Jingle Bell Scramble.
Merchandise
We carry a limited amount of pro shop merchandise including golf clubs, bulls, gloves, bags, shoes,
bats and various men and ladies clothing.
We attempt to buy clothing at close-out prices in order to sell our clothing at discounted prices.
At all times our pricing in all areas is extremely affordable.
......
....v
~
Promotions
We ofter reduced prices to City Residents and allow golfers to walk 365 clays a year at lower rates.
We promote league play throughout the year and offer guaranteed tee times at discounted rates.
Lakeview allows charity card golfers to play during the off season as well as junior discounts.
Lakeview sells 10 play cards which discounts golffees for our regular golfers.
In addition Lakeview offer discounts based on time of clay, time of year and specials involving food
and merchandise.
Course Maint_nee
We implement an agronomic plan that balances our financial responsibility with our need to have a
golf course that is well maintained that meets the expectations of our customers.
Our cultural practices are all within the generally accepted maintenance guidelines including mowing
heights, chemical fertilizer applications and irrigation.
We perform projects on a constant basis including cart paths maintenance, tree maintenance, bunker
maintenance and lakes.
Lakeview perfOrms preventative maintenance on our golf carts and golf course equipment on a
continual basis.
We are safety minded and conduct fucility inspections and staffmeetings to constantly emphasize the
importance of safety.
Facility Maintenance
We work closely with the City's Public Works Department to maintain our fucilities including the
parking lot, and buildings. We have in place preventative maintenance contracts to ensute that we are
maximizing the useful life of our equipment.
.....
.....v
,MARKETING PLAN
Our marketing plan involves a variety of print, radio, internet and in house promotions, all in attempt
to reach our present and future customer.
We advertise in the Palm Beach Post, Boynton Beach Times, Delray Beach Times, Boca Times and
Yellow Pages. We purchase various ads in local publications including Palm Beach County Sports
Commission and Atlantic High School
We target tourists through our print ads in TravelHost and our networking with the Palm Beach
County Sports Commission and Convention and Visitors Bureau.
In addition, we work with local hotels in our Stay to Play Program to bring tourists to Delray Beach in
the summer months. Presently we are working with the Delray Beach Marriott, Cranes Beach House,
Colony Hotel, Residence Inn, The Seagate Hotel, Sundy House, Wright by the Sea, and Bermuda Inn.
Lakeview networks in our community through our Community Partner Program whereby we trade
print collateral to promote each other's businesses. At present, we are working with 23 local
businesses in the Delray Beach area.
Our website is kept current. We send monthly email blasts to all registered participants. Presently we
have approximately 825 participants who receive infurmation bulletins on a monthly basis.
Lakeview produces brochures and flyers that are distributed on site and at various locations throughout
the City.
In the summer, we introduce the free 10 play Mid Day Frequent Golfer Card. This program gives a
customer a free round of golf after requiring 10 stamps on a card for non league play between 1 lam -
3pm on weekdays. This offer is valid through September 30. In addition, we introduce MGAlLGA
guest days on the first and third Mondays of each month through September 30.
In all cases, we attempt to generate as much free publicity as possible as was the case with our annual
Alliance for Golf Access golf tournament which benefited the Children's Golf Foundation.
......
-.v
FINANCIAL PLAN
Rndgt'f"
JCD Sports Group submits a detailed budget for City approval on an annual basis.
This line by line budget breaks down all income and expense categories including a detailed capital
budget forecast.
On a daily basis JCD Sports Group monitors all line items. We approve all expenditures and compare
daily revenues to budget.
Re.porting
JCD Sports Group submits monthly financial reports to the City breaking down number of players,
revenues and golf course maintenance practices.
Internally we prepare reports analyzing income by month, payroll on a biweekly basis and various
other internal control reports including, merchandise inventory, food and beverage inventory,
merchandise cost of sales , food and beverage cost of sales and daily activity summaries.
Profit and Loss
In fiscal year 2006, we project that Lakeview Golf Club will generate approximately $946,000 in gross
revenues and $614,000 in operating expenses resulting in a Net Operating Profit of$332,000.
We project a Net Cash result of approximately $5,000 after deducting Capital, Administrative Charges
and Debt Service.
We anticipate doing 52,800 rounds at an average rate ofSI6.76.
Fin8nc~ Rillhlights
The major income and expense categories in excess if$50,000 are as follows:
Income
Green Fees
Cart Fees
Play Cards
$58.000
$717,000
$110,000
Expenses
Payroll Administration
Payroll Golf Course Maintenance
$140,000
$156,000
"'...
-.v
DELRAY BEACH
TENNIS CENTER
BUSINESS PLAN
2005-2006
BUSINESS PHILOSOPHY
The Delray Beach Tennis Center includes one facility on Atlantic Ave. and one fucility on
Jaeger Drive. Our tennis center will continue to be recognized as the best public tennis center
facility in South Florida, serving the needs of all citizens and the entire community through
well planned affordable tennis programs, special events and a wide variety of well managed
amateur tournaments.
The Tennis Center is operated in conjunction with the Delray Beach Stadium. Our facility and
staff are available to support such events as First night, Millennium International Teunis
Championship, Bank of America Chris Evert Pro Celebrity, Davis Cup, Fed Cup and various
other community events.
Our tennis programs encompass a cross section of our community. Our facility is maintained
in a safe and professional manner.
Our staff are well trained and professionally certified when needed.
JCD Sports Group understands its fiduciary responsibility and operates the facility according to
budget.
We know the history of the Delray Beach Tennis Center and appreciate the importance of this
recreational facility to our city.
~lNESS Q~SCRIrTION
Delray Beach Tennis Center is a full-service public tennis fucility with 38 clay courts, 7 hard
courts. The Delray Beach Tennis Center on Atlantic Ave. features 21 courts, (14 clay, 7 hard)
an upstairs pavilion and conference room, and a pro shop with a locker room, racquet stringing
and merchandise. 12 clay and 7 hard courts have lighting. In addition, the Delray Swim &
Tennis Club, located on Jaeger Drive features 24 clay courts, and broke ground on a new
clubhouse in April of200S. In combination, we offer a wide variety of adult and junior
programs, leagues, clinics, tournaments and camps.
Hours of operation
Delray Beach Tennis Center
Monday - Friday 8am - 9pm
Saturday - Sunday 8am - 6pm
Delray Swim & Tennis Center
Monday - Sunday 8am - 5pm
"'..
..."""e
1----
Customers
Our customer base includes people from all walks of life. We target and market our services to
juniors, seniors, men, women, inner city, middle class and upper class individuals. We attempt
to reach single or married people living in Broward or Palm Beach County. We offer services
for beginners to high level players.
Staffing:
We have a mix offuIl time and part time personnel including clerks, tennis pros and
maintenance personnel. Our pay rates are commensurate with industry standards and we try to
minimize staff turnover whenever possible.
We offer a benefit package that includes health benefits, 401k matching and vacation time.
JCD Sports Group is a Drug Free Workplace with a safety program that both generate
discounts on our workers compensation policies.
We maintain a level of staff adequate to provide excellent customer service while balancing the
need to meet our financial projections.
All of our tennis professionals are certified USPTR or USPT A pros.
Competition
As a municipal tennis operation we believe that it is important that we offer affordable rates for
all of our players.
We survey our competition and try to position ourselves within rates charged by other
municipal centers.
Other municipal tennis centers within our area include:
Deerfield Beach Municipal Tennis Center, Boynton Beach Tennis Center, Boca Tennis
Memorial Park, Boca Swim & Racquet Club, North Palm Beach Tennis, Patch Reef
Tennis Center
"''"'
.....'"
PEFORMANCE MEASURES
Program: Tennis Centers
ve customer
Objective: To create a friendly, welcoming environment for players and maintain high standards of
customer service in all areas.
Conduct Member Satisfuction Survey I
Overall Management Rating 4.3
Overall Satisfuction Rating 4.4
Customer Service Rating 4.5
Court Condition Rating 4.1
Staff Rating 4.6
Maintenance Cleanliness 4.3
Adult Progmms 4.5
Junior Programs 4.5
Note: Rating Scale I to 5 with 5 being the highest.
Goal: Develop and implement new programs that will enhance and create a positive experience for members and
increase membershi .
Objective: To promote player camaraderie and input on programs and policies.
Summer Memberships
Annual memberships
Establish Member Guest Days
Establish City Championships
Tennis Advisory Board Meetings
39
400
12
I
8
Goal: Expand and enhance communications and marketing tools utilized to inform members and residents about
policies, ro S, events and financial conditions.
Objective: To develop and distribute bi-monthly newsletters and monthly calendars.
Numbers of newsletters
Number of calendars
6
12
Goal: Enhance and develo additional rtunities and s for .uniors.
Objective: To provide opportunities for jnniors to learn and experience the sport oftennis by hostiog various
camps and programs.
Delray Beach Tennis Patron Program Participants
Summer Junior Camps Participants
Easter Junior Camp Participants
Christmas Junior Camp Participants
Develop and provide program opportunities fur Parks &
Rec Dept, Local Schools and Boys & Girls Club
Participants
Note: Numbers reflect attendance.
1,500
1,400
150
300
2,500
"'...
""""'"
PROGRAM SERVICES
Junior Programs
Days
Time
Monday Thru Friday
Saturdays
Rate: $12/day -or- $50/prepay 5days
Teaches the jill1damentals on every stro/ce and develops
good court behavior.
4:00 - 5:00 pm
9:00 - 10:00 am
Novice
Days
Monday tbru Friday
Saturdays
Rate: $18/day -or- $75/prepay 5 days
Time
4:00 - 5:30 pm
9:00 - 10:30 am
Older juniors with little or no experience.
Structured instruction with daily theme.
Toorwunent
Days
Time
Monday tbru Friday
Saturdays
Rate: $24/day-or- $IOO/prepay 5
days
4:00 - 6:00 pm
9:00 - 11 :00 am
Prepares juniors for competitive play.
Mental and physical workout.
Singles, doubles strategy and match play.
Structured instruction with daily theme.
Ratio 6:1, Must presign by previous
Friday
"''''
.....,.,
4DUJ.TPROGlJAMS
* Note-Pricing is for Members. Non-members
please add an additional $5 per day fee.
Discounts for series of 5 or 10
Monday Mornings
. League Players Only
Monday Evenings
.6:00 - 7:30 pm Intermediate Clinic (3.0-3.5)
$20/day $11 O/series of six
.7:30-9:00 pm Men's DRILL (3.5+) $I5/day
Tuesday Mornings
. League Players Only
Tuesday Evenings
.7:00 - 8:00 pm Beginners Clinic $l5/day
Wednesday Mornings
. League Players Only
Wednesday Evenings
. 6:00-7:3Opm Doubles Strategy $20/day
Thursday Mornings
. League Players Only
Thursday Evenings
. 7:oo-8:oopm Advanced Beginners Clinic
$I5/day $82.50/series of six
Friday Mornings
. Nothing Scheduled
Friday Night Mixer
. Every Friday Evening 7:00-9:00 pm
Progressive Round Robin (3.0+)
$lO/Members $12INon-members
Included: court fees, light tees, balls,
refreshments, and prizes.
Saturday Mornings
.8:30 - 10:00 am Advanced Clinic (3.5-4.0)
$20/day $11 O/series of six
Saturday Evenings
. Nothing Scheduled
"'...
"""'"'"
PRIVATE L,ESSONS
Professional Staff
Members
County
Residents
Non
Residents
Juniors $43
(Lesson Series available in
packagesof5 or 10)
Hour
$52
$58
Half Hour
$28
$32
$65
$35
$24
PRIVATE CLlNI~ RATES
Twosome
Group of three
Group of four or more
(Prices perl hour)
Members Non-Members
$26 $30
$20 $25
$15 $20
INNER CITY PROGl~l\MS
We work closely with the Delray Beach Patrons and host during the summer approximately
1500 children during a six week program.
In addition, we work with the Boys & Girls Club, Youthland Academy, Community Child
Care Center, Pine Grove Elementary School and the City's Parks Recreational Department to
introduce the game of tennis to their children.
TEAMS
We offur team play for our members including the South Palm Beach County Women's Team
Association, Palm Beach County Senior League, Grand SIam Team League and Summer
Connection.
-&PEClAL EVENTS
We offer Friday Round Robins, holiday mixers, junior camps, kids day, celebrity days and
member night at such events as Fed Cup, Davis Cup, Millennium International Tennis
Championship and the Bank of America/Christ Evert Pro Celebrity.
"'..
-
PROMOTIONS
We offer discounts to City Residents and allow City ofDelray staff to receive two for one rates
on court fees from June I, through September 30, and only pay resident rates.
MERCHANDISE
We carry a limited amount of pro shop merchandise including shirts, shorts, hats, balls and
wrist bands. As well, we offer stringing services for our customers.
We emphasize clothing that offers UV protection.
"''''
""""'"
M~RKETING PLAN
Our marketing plan involves a variety of print, radio, internet and in house promotion, all in
attempt to reach our present and future customer. We produce a bi-monthly newsletter which
details all of our present and future activities.
We utilize the Palm Beach Post, Delray Times, Boca Thursday paper and Yellow Pages. We
purchase various ads in local publications including Palm Beach County Sports Commission
and Atlantic High School
We target tourists through our print ads in Travel Host and our networking with the Palm
Beach County Sports Commission and Convention and Visitors Bureau. At present, our ads
are in hotel rooms in approximately 60 hotels in Palm Beach County.
We have a website that is constantly updated. We send monthly email blasts to all registered
people. At present, we have approximately 900 participants who receive our monthly
promotional bulletin.
Delray Tennis Center has a proactive Community Partner Program whereby we trade print
collateral with various businesses in our area.
Our staff networks with local hotels, schools and community organizations to reach out to the
community in order to offer programs to a wide segment of our population.
We constantly network with the UST A to maximize our potential to host junior and adult
amateur tournaments and such prestigious events as Davis Cup and Fed Cup Ties.
In addition, we utilize special events to promote our annual and summer memberships.
Specifically these include the UST A Spring Jr. National Championship, UST A Amateur
tournaments and our major national and international events including our ATP tourney, the
Chris Evert Pro Celebrity and the Davis Cup and Fed Cup Ties.
These events allow our tennis center to receive many public service announcements on T.V.,
radio and in print.
"'..
"""'""
FINANCIAL PLAN
Budl!ets
JCD sports Group submits a detailed budget for City approval on an annual basis.
This line by line budget breaks down all income and expense categories including a detailed
capital budget forecast.
On a daily basis JCD Sports Group monitors all line items. We approve all expenditures and
compare daily revenues to budget.
MAintenance Plan
JCDS Sports Group understands the importance offucUity and court maintenance
We emphasize court quality and court safety at all times.
The plan involves lines, nets, court surfuce, court lighting, fences, irrigation, windscreens. Our
plan includes annual court resurfucing, fence replacement, filcility upgrades, furniture
replacement and daily facility upkeep issues.
Our maintenance plan also takes into account our special events such as the ATP and Chris
Evert events including such items and stadium seating, stadium carpeting, stadium windscreens
and court resurfucing and stadium lighting. .
Reoorting
Jeo Sports Group submits monthly fInancial reports to the City breaking down number of
players, revenues and membership.
Internally we prepare reports analyzing lesson income by month, payroll on a biweekly basis
and various other internal control reports including accounts receivable, merchandise
inventory, merchandise cost of sales and daily activity summaries.
Profit and Loss
In fiscal year 2006, we project that the tennis operations will generate approximately $562,000
in gross revenues and $939,000 in operating and capital expenditures. The resulting cash
deficit will approximate $377,000.
"'...
""""'"
Financial HiehIights
The major income and expense categories in excess of$50,OOO are as follows:
Income
Memberships
Lessons
Admissions
$157,000
$250,000
$ 80,000
Expenses
Professional Services
Other Contracts
Court Maintenance
$368,000
$242,500
$ 66,000
"'...
""""'"
---~-I
fj.e; de-
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
'(HI NW hi WFNI'F. DFI.RAY BEACH, FLORIDA l3444
TLUTI]{):--JE- ."i(11/'.:'-L~-7()l)(). l'ACSll'vllLE: ."i6Inn-4755
DELRAY BEACH
~
Ail-America City
~'II J!DATE:
Write(s Direct Line: 561/243-7091
MEMORANDUM
December 8, 2005
1993
2001
FROM:
City Commission
Davi~~' Manager
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Aareement with CRA to allow the City to beain Demolition on its
Propertv Adiacent to Old School Sauare
The attached agreement provides that the CRA shall allow the City to begin
demolition and utility relocation work on the property just east of Old School
Square, south of N.E. 1st Street and just west of Pineapple Grove Way (as shown
on Exhibit "B" to the attached agreement) that is currently owned by the CRA.
This property will be transferred to the City in the near future (Old School Square
parking garage), however, it is necessary to start some of the preliminary site
construction work as soon as possible.
Our office requests that this item be placed on the December 13, 2005 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Diane Colonna, Executive Director CRA
Richard Hasko, Director of Environmental Services
9G
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT is made this
day of _, 200_ by and
between the CITY OF DELRAY BEACH, a Florida Municipal Corporation,
(hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA").
WITNESSETH:
WHEREAS, the CRA currently owns the property beside Old School Square that
is just south ofNE 1st Street and just west of Pineapple Grove Way; and
WHEREAS, the CITY plans to purchase this property from the CRA in the near
future; and
WHEREAS, the CITY wishes to begin certain demolition and utility relocation
work prior to the transfer of the property.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
I. The recitations set forth above are hereby incorporated herein.
2. The CRA hereby consents and allows the CITY, its agents, employees or
contractors to demolish the existing buildings, that are vacated by the tenants, relocate
utilities and perform any other preparatory work as deemed necessary by the CITY to the
property and/or structures located on the property, as described in Exhibit "A" and as
generally shown in Exhibit "B" (Area B).
3. The term of this Agreement shall commence upon execution by both
parties and shall continue until the property described in Exhibit "A" has been transferred
to the CITY.
4. The CRA shall be listed as an additional insured on all contracts entered
into between the CITY and a contractor for work performed on the property described in
Exhibit "A" for the time that the property is under the ownership of the CRA.
S This Interlocal Agreement shall be filed pursuant to the requirements of
Section 163.01(11) of the Florida Statutes.
6. No prior or present agreements or representations with regard to any
subject matter contained within this Agreement shall be binding on any party unless
included expressly in this Agreement. Any modification to this Agreement shall be in
writing and executed by the parties.
7. The validity of any portion, article, paragraph, provision, clause, or any
portion thereof of this Agreement shall have no force and effect upon the validity of any
other part of portion hereof.
8. This Agreement shall be governed by and in accordance with the Laws of
Florida. The venue for any action arising from this Agreement shall be in Palm Beach
County, Florida.
9. Neither the CITY nor the CRA shall assign or transfer any rights or
interest in this Agreement.
10. This Agreement shall not be valid until signed by the Mayor and the City
Clerk.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Approved as to Form:
City Attorney
Jeff Perlman, Mayor
2
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 200_, by
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
corporation, on behalf of the corporation.
produced
, as
(state or place of incorporation)
He/She is personally known to me or has
(type of identification) as identification.
Notary Public - State of Florida
3
EXHIBIT "A"
Lot 7, Block 76, Town of Linton (now Delray Beach),
according to the Plat thereof as recorded in Plat Book I,
Page 3 (Sheet 2) of the Public Records of Palm Beach
County, Florida.
-and-
A parcel of land being part Lot 2, Block 76, DELRA Y
BEACH, Palm Beach County, Florida, being, more
particularly described as follows:
Begin at the Southeast comer of said Lot 2, thence run due
North, on an assumed bearing, along the East line of Lots I
and 2, a distance of 70.64 feet to a point thence run N.
89055'32" W., a distance of 124.99 feet to an intersection of
a line ten (10) feet East of and parallel with the West line of
said Lots 1 and 2; thence run due South, along said parallel
line, a distance of 68.90 feet to an intersection with the
South line of said Lot 2; thence run S. 89007'30" East,
along the said South line, a distance of 125.0 feet to the
point of beginning.
-and-
A parcel of land being part of Lots 1 and 2, Block 76,
DELRA Y BEACH, according to the plat thereof, recorded
in Plat Book I, page 3, of the Public Records of Palm
Beach County, Florida, more particularly described as
follows:
COMMENCE at the Southeast comer of said Lot 2; thence
run due North, an assumed bearing along the East line of
said Lots I and 2, a distance of 70.64 feet to the Point of
Beginning; thence continue due North along said east line,
a distance of 78.76 feet to the Northeast comer of said Lot
1; thence run N 89007'30" W, along the North line of said
Lot I, a distance of 125.0 feet to an intersection with a line
10 feet East of and parallel with the West line of said Lots
I and 2; thence run due South, along said parallel line, a
distance of 80.50 feet to a point; thence run S 89055'32" E.
a distance of 124.99 feet to the Point of Beginning.
4
,
;
.
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J I , II I II I t-tit ,/
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r- "" EXHIBIT B (See Area B)
I I
L": -AREAA ~ -AREAS
II1II- AREA C
QW 111 Da.aAY IEAOt. I\.
PI..MItetO.~ DEJtNmDT
-___SISIDI
". REF: UMt5J
~tk
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
c(ll) MV hi AVFl\lF' DEl.RAY 8FACH. FLORIDA 33444
TEl .1:1-'11( Jt\E: 5() 1 (24.\-7090. FACSltvlILE: 561/278-4755
DELRAY BEACH
~
AII.America City
" II J!DATE:
Wrtter's Direct Line: 561/243-7091
MEMORANDUM
December 8, 2005
1993
2001
FROM:
City Commission
David Harden, City Manager
I-, ----==-
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Proposal for Settlement in Leticia Avala Case
This case arises out of an auto accident that occurred on July 8, 2004. A City
pickup truck, while driving northbound on Federal Highway struck the rear of the
Plaintiff's vehicle as it was stopped for a red light
The Plaintiff has alleged injuries to her back as a result of this accident and has
had surgery on her back.
The Plaintiff has filed a Proposal for Settlement in this case in the amount of
$100,000.00 inclusive of attorney's fees and costs. At this time the City Attorney's
Office recommends denial of this offer.
Our office requests that this item be placed on the December 13, 2005 City
Commission agenda. Please call if you have any questions.
cc: Chevelle Nubin, City Clerk
<=\\-\
Community
Improvement
IZM"t
Memo
To: David Harden, City Manager ^ 0'\
From: Lula Buller, Director, Community Improvement U!:-/
Date: December 8, 2005
Re: Police Advisory Board - Recommendation for Appointments/Mayor's Advisory
Committee on R.A.C.E. Relations
ITEM BEFORE THE COMMISSION
City Commission consideration of appointing the list of residents/business owners to the Police Advisory
Board as recommended by the Mayor's Committee on RAC.E. Relations.
BACKGROUND:
City Commission approved Ordinance number 73-05 on November 1, 2005, creating the Police
Advisory Board, pursuant to recommendations from the Mayor's Committee on RAC.E. Relations. As
a part of the approval, the Commission asked that applications from interested citizens be forwarded to
the Mayor's committee for review and that they be responsible for recommending the list of potential
appointees to the Commission for their consideration. Forty-four applications were received and
reviewed by the committee at their regular meeting of November 27, 2005. The committee is
recommending the appointment of eleven (11) members at this time, and is asking that the two final
appointments be designated for youth. The committee will assist with the recruitment of youth
volunteers for appointment by the Commission in the near future. The ordinance requires that for the
first year 7 members shall be appointed for 3 year terms and 6 members for 2 year terms. The list of all
44 applications received is also attached for your reference. The Committee is recommending
appointments for 2 & 3 year terms as listed below:
T we-vear Terms
Three-vear Terms
L'T anya Allen
Juan delos-Reyes
Joseph Ferrer
Jose Ramirez
Charles Ridley
Annette Annechild
Sharon Austin
Joshua Bressler
John Jackson
Andrew Luchey
Jimmy Weatherspoon
The youth appointments will complete the required number of 2 & 3 year term members.
RECOMMENDATION:
Staff is recommending City Commission approval and appointment of eleven (11) members to the Police
Advisory Board and authorize the two (2) final positions to be designated for Youth appointments as
recommended by the Mayor's Committee on RAC.E. Relations.
C\T
City of Delra Beach Police Advisory Board - Applicants
1. AI-Khafaii, Sinam Minority Resident/Business Owner
2. Allen, L'Tanya Minority Resident
3. Annechild, Annette Resident/Business Owner
4. Austin, Sharon Minority Resident/Clen>:Y
5. Amelung, Richard Resident/Business Owner
6. Bressler, Joshua Resident
7. Brodka, Stanley Resident
8. Carter, James Resident
9. Chadam, John Resident
10. Claxton, Wyana Resident
II. delosReyes, Juan Minority Resident
12. DeLyon, Richard Minority Non-resident
13. DiSylYester, Victor Resident
14. Dollard, Jason Resident
IS. Dolan, Donald Resident
16. Federgreen, Bernard Resident
17. Ferrer, Joseph Minority Resident
18. Fetzer, Fred Resident
19. Forrest, Carl Resident
20. Franciosa, Gerald Resident
21. Gold, David Resident
22. Hallahan, John Resident
23. Ingram, Joseph Minority Resident
24. Jackson, John Minority Resident
25. Karim, Mohammad Minority Business
26. Kay, Milton Resident
27. King, Jane Resident
28. Loeb, Nick Resident
29. Luchey, Andrew Minority Resident
30. Maior-Hanna, Ellen Minority Resident
31. Make, Isabel Resident
32. Maso, George Resident
33. Monahan, Matthew Resident
34. Paris, Calyin Minority Resident
35. Ramirez, Jose Minority Resident
36. Ridley, Charles Minority Resident
37. Rosen, Ned Resident
38. Sachs, Maria Non-resident
39. Shackman, Kathy Resident
40. Shell, Robert Resident
41. Swinburn, Carol Resident
42. Weatherspoon, Jimmv Minority Resident
43. Weiss, Abbey Resident
44. Winney, Brad Resident
DELRAY BEACH
.....
ill rr
1993
2001
10/; v( cry
RECEIVED
CITY OF DELRA Y BEACH 1 It 200S
BOARD MEMBER APPLlCATIOtiC1 E.RK
CITY CL
Please information:
1. Last Name: AJ... - KIiAFAJ I
2. Home Address: I w4\ W. '-~5SI4>-l- L3W
3. Legal Residence:
(1P4-1 W. CUl.$SJc..p..1-- ~C>.
4. Principal Business Address:
J~I S. ~L. +IvJY 1~1117l(Xl
Name 51NMA M.I A
City 1>~ ~~ State Zip Code
F\..... 331+5
City State Zip Code
-p~.,... B~4t FL- 33++-&3
City State Zip Code
1J~'( ~ i9.- 33'H 3
Business Phone:
€iTA . -b.."..
E-Mail Address:
S L~ Q "pt..'1()
Cell Phone: ~ I.
.(.01.'.1 ~.02.r~
Fax:
--.
6. Are you a regis ered voter? Ye? If so, where are you registered?~'r' 13El:.c..U, F1-
7. 'What Board(s) are you interested in serving? Please list in order of preference:
1'04~ j:J)1JY:1t#-Y 'EP6Fi7 pr cliOla . NJ;laftl3:l~OO~ ~/SOJW CoVNUL..
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
eo Cd.-Of-ll( OF ~'( Bl?).c..l1 -Hclt-tf" QWW6\'Z.S I-SSt1'1.R16J.J I q 05"
9. Educational qualifications: 13.A. . '";.T]:.Tr lQ'J7..-
1-4.$. ~ ~N tJ~I\/,. lQ1"'l
10. Lst any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
o
~~Y'~ IV HARI:::t-T
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
~~\C........ L-IV);' I'" l!>t=:J-~ t::. J.f J~ '" 'Tb (Jl>(.. IN l> CV1.
Gi J~ 0< '1'\JJ.JMNfr firrFlU~
I hereby certify that all the a ove statements are true, and I agree and understand that any misstatement of material facts
contained in this app. ti cause forfeiture upon my part of any appointment I may receive.
, r- J \0 . rz-. ],P-46
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.
S\CrIYCLERK\BOARD\APPLlCA nON
I
Sinam AI-Khafaji, Marketing
Cartographer & Market Planner
Founding Member
Sinam@DavJet.com
Cell 561.665.0278
DayJet Corporation
1801 S Federal Hwy, Suite 100
Delray Beach, FL 33484
WORK EXPERIENCE
DayJet Corporation - Delray Beach FL
Cartographer & Market Planner: December 2002 - present
Empower Geographics, Inc. - Des Plaines, IL
GIS Sales Engineer: 2/2001 - 11/2002
GIS Project Analyst: 8/99 - 2/2001
Ryerson Tull- Westmont, IL
GIS Consultant: 6/1999-7/1999
ICF Information Technology, Inc. - Fairfax, VA
GIS Associate: 1/1999 - 6/1999
Economic Research Service, USDA - Washington, D.C.
GIS Analyst: 12/1997 - 12/1998
Reuters America - Reston, VA
Source Analyst: 12/1995 - 11/1997
Advance Sales: 4/1995 - 12/1995
EDUCATION
George Mason University M.S. - Masters of Science in Geographic and
Cartographic Science (12/1996 -12/1998)
The Pennsylvania State University BA - Bachelor of Arts in Broadcast Cable
Television with minor studies in Art, Business and Middle Eastern Studies.
(6/1987 - 5/1992)
ASSOCIATIONS
The Colony of Delray Beach HOA, Board member - 9/2004 to present
Pi Kappa Phi National Fraternity Alumni, Penn State Alpha Mu Chapter
PORTFOLIO
A sample collection of GIS analysis and cartographic work to date are available
for review at www.GeoSteppes.com.
Please tint the follo
1. Last Name: 4 _ I
L. t...eJv
2. Home Address: I -II Ad. I
OfT 1t-'/AIVGo
infotlillltion:
1~/ld--f6j
CITY OF DELRAY BEACHCEIVED
BOARD MEMBER APPLlCATI.ON2 2005
RECEIVED Cl rY CLERK
OCT 1 2 2005
Namcl!'f 0l4~~
City DEL-.RA Y Ee;q.c H
City
]),;t/ve
State
FJ-
OB.RAY BEACH
. .. 0 .. I . ...
*****
AHmericaCity
" II ,!
1993
2001
3. Legal Residence:
SAM':;
4. Principal Business Address:
State
MI':r
Zip Code
~44 L/
Zip Code
City
State
Zip Code
SAM 6
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
)/allt:. St-/-UfJ-/jgqJf tlIIM/je, /%".. (P1-~(Jq-lq57 6/-t8~'.35S'1
6. Are you a registered voter? II If so, where are you registered? )-, _ . /? I /1'
1 E;6 PEe - J.4Sj..4r WM/l1TY C-~
7. What Board(s) are you interested in servin . Please list in or ~ of preference: 11
IV&' G II 0 ~(J 1) D VIS. ~Y . tllllC II-, fbL &: !+Dvl
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
N'c
9. Educational qualifications: II/" _
S <J1UVi/A-nE
2 Y.eA.es
Cut3GG GU/.2SE woJZ.K
10. List any related professional certifications and licenses whichyou hold:
;Vo-m~ Ii L. C-- 01-,(110 S /l-tJJ) 5~17tJ1'/ tfj s.wG
T1 F/C,47ES
11. Give your present, or most recent employer, and l',osition: I
P,8C'=;:; IPF 1. OFFICE iIiZ 0f'EC/AL.-/S-;
. 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
!N71FI(cs-r III/ ~J11/11"AI/-rY /N O,L IVr' M vn;/L. .LITEfiZAn;; -fkEVldl/6
Ex.pE-Il/E"vce /1'1 l-k"I'E1<.--rY ~AA/A6e.ll1EN-r. BRIEF /118MB 5fl-lP /11
SONSE-r I<k tJA, (;;up{/. "1'l3' 0 ])B {!l17zen/fs AOA-p&-7vlY
I hereby certify that all the above statements are tme, 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.
~~~..~ . . DAn:<1.;I~k
Note: This application will remain on file in the City Clerk's Office for a period of2 years from the lhte it was
submitted. It will be the applicant's responsibility to ensuie that a CIlttent application is on file.
S\CITYQ..I!RK\BOARD\APrl.lC.A.nON
1993
2001
It)/; ;;-/61
RECEIVED
CITY OF DELRAY BEACH CT \ 22005
BOARD MEMBER APPLICATION 0 ~oK
CITY CLc.n
DElRAY BEACH
~
All ...........if
'tllt
1. flf\ecJ.Il L I Name 1J IV &IT 6-
2. ~ .5'w City B~ S11
0
3. Legal Residence: City State
~
4. Principal Business Address: C~, tv( State
<65 :;e Lf ~ ftv-e- F1
M.l.
Zip Code
5. Home Phone: Business Phone:
SIP /"1'7;0 8" 2( i 5111 '13DZtjO)
6. Are you a registered voter?
E-Mail Address: Cell Phone:
ANllm frrv'\RCt..;/ d 2-,;> 2_ ..
Q AOL.U ..2.<1"')2.03")
If so, where are you registered?
Fax: ~-z, J
:3 302'/2.'5
7. What Board(s) are you interested in serving? Please list in order of preference:
'PD /.-(Cc;,
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
9.
P s cJ... b I 0 61
10. List any related professional certifications and licenses which you hold:
. rj- Pftn, "'-'7r
Y 06 11\ S 1)'U.t dlJ )11/0: C:er" t:. c/rTl /)
11. Give your present, or most recent employer, and position: .
""'- \0 r . IIIl. d\ u....... I 'j- Y(V) .
I'" jelf t..eJ -h.e lei
's hoard: (please attach a brief resume)
U LOil C- WI y' ulT1
CvA-,,YI UII 1 C ~/ ClI~l.l{UI1 /71l.. M (/\de.L
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
J) -,!N-tt ~~ c4uLJ {) 0) Cj I 2--1--0 r
~TURE DATE
Note: Ths 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 thar a current application is on file.
S\CITYCl.ERlC\BOARI>l.APPLlCAllON
Vita
ANNETTE ANNECHILD
(561) 330-2903 X (202) 285-2035 X E-mail: annetteannechild@aol.com
EDUCATION
1993
1990
1988
1982
1978
Ph.D.; Counseling Psychology
Kensington University - Glendale, California
Master of Science; Counseling Psychology
California State University - San Bernardino, California
Bachelor of Science; Psychology
Regents College/University of the State of New York
Instructor Certification - Integral Yoga Institute
New York City, New York
Associate Degree; Theatre
American Academy of Dramatic Arts - New York City, New York
PROFESSIONAL EXPERIENCE
2000 - Present THE HEALING ARTS CENTER OF GEORGETOWN
Executive Director
1994 - Present PRIVATE PRACTICE
Counselor - specializing in weight management, addiction, hypnosis, individual and
couple counseling
1990 - 1994 MALlBU CENTER FOR EATING DISORDERS
Counselor
1980 - 1990
ANACAPIA RECOVERY CENTER
Co-Director Adolescent Recovery
BOOKBUILDERS, INC.
FounderlHeadwriter . assisting the book writing process for variety of clients,
including the best selling=Hgh Tech Fitness", by Patrick Netter, and AThrough My
Eyes", by Dr. Charles Kelman
BOOKS PUBLISHED
I Can Tell Her Anything: the Power of Girl Talk (Marlowe & Co., 2005)
Your Man and His Mother (1992, Long Meadow Press; 1993, Berkeley)
Steam Cuisine (1987, Macmillan)
Yeast-free Living (1986, Putnam)
Annette Annechild=s Seafood Wok (July 1985, Simon and Schuster)
Wok Your Way Skinny: the Thirty Day Menu Plan (Simon and Schuster, 1984)
Falling in Love with Your Food Processor (May 1983, Simon and Schuster
Wok Your Way Skinny (November 1982, Simon and Schuster)
Recipe for a Grear Affair (November 1981, Simon ana Schuster)
ANNETTE ANNECHlLD
Getting into Your Wok with Annette Annechild (November 1980, Simon and Schuster)
Page two
PROFESSIONAL LICENSES
Marriage and Family Therapist (Califomia, Maryland, Florida)
Professional Counselor (Washington, DC)
Yoga Alliance/Master Certification Level
MEDIA
Television
Oprah (twice)
Joan Rivers
Regis Philbin (fifteen times)
Hour Magazine (four times)
The Dave Patterson Show (ten times)
AM Cleveland (four times)
AM Portland
Good Moming Washington
Mike Douglas Show
Metro News
People Are Talking (Houston, Boston, San Francisco)
Midday Report
AWhat=s New;
Sun Up San Diego
Working Mother (nine times)
Good Morning Houston
The Mike and Maddie Show
CNN/Sonia Live (five times
Kelly & Co. (four times)
CBS News (ten times)
Fox Television (three times)
Print
L.A. Times
N.Y. Daily News
Baltimore Sun
The Washington Post
The San Francisco Examiner
San Diego Bee
The Columbian
The Oregon Journal
The Minneapolis Star
SI. Paul Dispatch
The Houston Post
American Health
Glamour
Bride
Malibu Times
Shape
Washingtonian Magazine
The Georgetowner
Fitness
Radio
Larry King Live
The Elaine Stein Show
WKTK FM
WTOP AM AMidday=
National Public Radio
WKIIS AM & FM
WKHJ AM
WKSFO AM
WKFI FM*
WKCBS AM
The Larry Roberts Show
WKTRH AM A Tate and 0Iden=
Oct.17. 700:,! 7:11AM
1993
2.001
R~'8~~VEd
CITY OF DELRA Y BEACH od" 7 'lIlIlS
BOARD MEMBER APPLICATION..., CLE~\<.
C\i.,.
!tJ~17 -tY/
..**'*"'*
ifIT~
Ple..se .cint the ~<;>"owin~ infouruuon:
1. Last Nune:
UST iii
2. Home Addccss: .u"
12d tlIW 7.oT:~.
3. L<--gol Residence:
S 1/ f/'It!
4. PrincipalBusine5' Addless:
J.,fJ/it/i
Sute
L
State
M.L
q~
Zip Code
33, ~
Zit' Code
City
State Zip Code
342 N, fw lIi-rbt1J vi!
S:-Home Pho~;--' Business Phone:
, .
tt::&./2 7iL-S"1 ~.:i...
6. AJ.e you 'i\ registered "'(Jter?
YES
7. Wh.r Bo.cl(s) ate you interested in s
C/7~' ~
_ ht/./Y'i Of$,
E-Mail Addce.ss: Cdl Phone:
~~
Fax:
ordoe_r o~ p(cfere.nce:
8. 11st all Cicy Bouds on which. you aT.e cucre.ndJ se.r:vi.ilg or: haV'e pre,viou..<;.1y Stlve.d.: (Please indude d~tes)
9. Edl.l<:ati.onal qualihc.ations:
.S t 0JLL"61F Ill> " .d;:L':!,jIIl. ('t1~./,H_2.Qf,,'1. /IF 71I~1'Ji:tOf, /iJ?1"~)L
P!tIXJSS5 & a.,<(. (}t!!JI.f7eSi7Y,( /h//l~__
10. List any related p(Ofessiooal ce.<tifications and licenses which you hold
_~JCJlL hl:S7DIl-IJL- e},()LAIiliA! ~.J}., !'/toS-zljUli.. t$I1U C(j-':--ae~7/ ()/J.r
11. Give youl; present,. o( roo.t cecellt employer, an~o.i6.on:) -~ .
~. q.$6t0 U;JJ/:13l>._t!!IiTFltlJJ.s7 C}//JtlLut O()-'f- Pre>&>-(- St>;Jj"R.- j?/;S77>.e
--.. - -,------ ".-
enellces .kiIls ot knowkdg<cwhich Ql1"lify you to se.tve on this bO>J:d: (pl"""e atUch" brief (""mne)
.J-If,l HI 6.11f,J1J.'LJ.ff,(TJ!4&:..../Mrt!''-T RXVSlTS o,V~t: ,;JCd"1'77I..x:€
,1tJMD~ wL.JS'4-"f71C.J ~ f'U.!L -ncu/- fl)1I!Ift-I:>/If ;,I' '1P6' CUr"",.#-,.
i-b:;;by cerojJr dlar illl rhe ~~~;:~~reroents ue tmt':~ and I a~~~ a,n.d unde.s:sta.o.d that any misstatem~.nt of nutemJ. f",cl$
contained in this applic~ti.on may C.J.us.e [urfe:.ttu(c upon my p;t,,:- of wy 3.ppointn,tcnt T riuy receive..
~ &~ ~./-r ,2oa$"
SIGNATURE OATE
Note: lllls appliaotion will <en.uin 00 file io tbeoCity Cled;:'. Office for" pe.riod off y~. from the d:.te-it "'lIS
submilored. lt will be. the applir.aot's I:"-'ponsibility to eosui." tll"'t. cuo:ent "pplication is on file.
- S'IClli.Cl....fl.lU.)8~I'Lla1fON
Gct.17. 2nos 7:JIAM
No.l441
Resume
SHARON GENISE AUSTIN
Current Position:
Senior Pastor, Cason United Methodist Church
342 N. Swinton Avenue
Delray Beach, FL 33444
(561)276-5302
"",viollS PositiOD8
Pastor. First United Methodist Church of Riverview, Riverview, FL (2 years)
Pastor, Faith United Methodist Chun;h, Miami, Fl. (5 years)
Prior to joining the Florida Conference of the United Methodist Church:
Chaplain, Vitas Hospice, Broward County, FL
Clinical Chaplain, Jackson Memorial Hospital, Miami, FL
Associate Pa9tor, Ebenezer Baptist Church, Atlanta, GA (Il years)
EchlcatiOD
GRADUATE
Doctor ofMinislry Program. Barry University, Miami Shores, FL. (in process)
Postoral Care Certification-Samaritan Counseling Centers, Ft. Lauderdale, 2000
PROFESSIONAL CERTlFlCA nON (Residency Year)
Clinical Pastoral Education. Iackson Memorial Hospital, Miami, FL..
June 1995 .April1996
Clinical Pastoral Education Intern Advanced Year, Grady Memorial Hospital,
Atlanta, Georgia (1979.1980)
Clinical Pastoral Education Inte", Quarter, Emory and Egleston Hospitals, Adanta,
Georgia, Summer 1978
MASTER Of DIV INlIY
Candler School of Theology, Emory University! Atlanta, Georgia {I 979)
Major: Pastoral Care and Counseli.ng
(AdvlUlced courses, i.e., Counseling Issues in Sexuality and
Personhood, Theology and Psychology of Faith Development,
Advanced Pastoral Care Methods, Pastoral Care of the Alcoholic).
Minor: Systematic Theology
UNDERGRADUATE
Bachelor of Sclelloo, Berry College, Rome, Georgia (1976)
Major: Psychology
Double Minor: Religion, Philosophy
f', 2
uct.11. 200S 1:12AM
Nn.!441
p. "
Sharon G. Austin
Page Two
PREVIOUS PROFESSIONAL EXPERIENCE
Adjunct Faculty Menlber at Candler School of Theology, Em01j' University Atlanta, Georgia
Course Title: Women in Ministry
(Cou= provided 811 opportunity 10 discuss practical issues
affecting ministet"S who are women, and the perspectives
which they offer in this field. (1988)
Adjunct Facuhy Member ,Interdenominational Theological Center (1TC) in cooperation with
Urban T mining of Atlanta (UTOA) Atlanta, Georgia.
Course Title: Field Education Refle<.."tion
(Course "ntailed involving third year students in 'on site' placement
experiences for the purpose of learning ,"ystems that enable ministry proficien~"y in urban
settings and experience in working with corpomte structures along with didactic
component. (1981- 1985)
Clinical Chaplajn (non-state merit) at New Horizons Treatment Center for Women
Offenders, Department of Offender Rehabilitation, Atlanta, Georgia
Course Title; Clinical Chaplain
Responsibilities lncluded providing various worship opportunities,
developing religions education programs, providing pastoral care and
counseling services. educating the community through various speal<ing
engagements, administering religious volunteer program, and assisting with
fundraising t'Or position. (1980-1984)
HONORS AND AWARDS
Recipient of the ''1 arch Award" in the field of religion, presented by the Atlanta
Alumnae Chapter Delta Sigma Theta Sorority (pnblic Service Organization)
January 1990.
Honored in "Salute to Women i\1 the Clergy: by tlte Gamma Sigma Theta Chapter
ofEla Phi Beta Sorority (a Business and Professional Women's Organization).
Received Certificate of Special Congressional Recognition for Meritorious
Achievement as pan of the celebration. July 1988.
Cited by Mayor Andrew Young and the Atlanta City Council for Outstanding work
in the area ofWomeo. and Childreo. July 21, 1985, was proclaimed .'Reverend
Sharon AustuI.' day in the city of Atlanta.
Outsl3I1ding Young Women of American 1980.1981. 19111-1982.
Southern Baptist Home Mission Board ScholarshIp, 1978-1980.
Membership in Omicron Delta Kappa, National Leadership Honor Society, Emory University Chapter,
(elected 1979).
Recipient of the Benjamin E. Mays Fellowship for Ministry, given by the Fund for
lheological Education, New York, NY,1978.
Tuition Grant Award by Candler School of Theology, 1977-1979.
(jd.l7. 2nll~1 7::~2.AM
Sharon G. Austin
ECCLESIAS'UCAL ENWRSEMENT AND Al<'FIUATIONS
Member and Historian (1986-1992) for the New Ern Missionary Baptist Convention,
Inc. (of Georgia)
Member, American Baptist Convention, ]984.Present
· Member of Progressive National Baptist Convention 1984 -Present.
· Ordained to the Gospel Ministry, Ebenezer Hapti.t Church. Allgllst 198 J .
· Licensed to Preach, Ebenezer Baptist Church, April ] 980
Member, Ebenezer Baptist Church. Atlanta, Georgia, May 1918.
PROFESSIONAL ACTIVITIES
· Member, Boftl'd of Directors, Atlanta Public Schools Project, Church/School
Collaborative (1992-1995)
· Member, Board ofDiroct'OP-i, SAFE Kids of Georgia, (1992-1995)
· Member, Board of DiTector.;l. Hannony - Atlanta's Intemational Youth ehonls (1992-19951
· Member, Board of Dilecwr.;l, Mental Health Association of Georgia (1991-19951
. Chairperson, Candler Baptist Snldies Committee, Candler School of Theology,
EmoryUnivenity, (1991-1995)
Member Atlanta Religious Mobilization Against Crime (Fomled by Mayor Maynard
Jackson. (/990-19951
. Member, Board of Dire<-'ors, Odyssey Family Counseling Center (1988)
· Member and A.sistant Treasurer. Board of Directors, Ebenezer lntergenerational
Resource Center, Inc. (1984- 19951
· Member, Cancer Advisory Committee Morehouse School of Medicine (1988-1989)
. Member, Board of Directors, Urban Training Organization of Atlanta (1983-1985)
. Member, Planned Parenthood of Atlanta Area (1985-19951
· Member, Board of Directors. Council on Battered Women (1.981-19951
· Member, Safer Atlanta t,)I" Everyone, sponsored by Atlanta City Government (1981)
PUBLICATIONS
· Published Sennon, "More Than Precious, " In Sunday Mominlt PreaclJinlt. Atlanta.
Thomas Ball" Publishers Atlanta, Georgia (1995)
. ..Unto the Least of TIles.:, " Smile. J Care About You,J,y Margret Grizlo. to be
published in 1993 by Smileyhean Publications,
· Women in dIe Black Chw'ch, "PublishinglVideo Rillbts Relinauished to New York
· University, Soelman Collelle and Morehouse ColJelte Consortium. (1992)
· Black Matriarchy/Black Church, in Li~ation Theolora;: Black and Femini$
Pers\"",tives. Vol. l. No. I. ( ]918) Pu Hshed b}' the Back Cauclls and the Women's
Caucus: Candler School of Theology, Emory University, Atlanta, Georgia,
· Featured articles appearing in MiniSIIV and Mission. pllblished by Candler School
of'Theology, Emory University, Atlanta, Georgia.
Quotes/Interview in numerous News.. Magazine and Hardcover publications.
REFERENCES FURNISHED UPON REQUEST
N" , I 441
Page Three
p, 4
oaJIAy BEACH
. . . . . . ...
All-AmericaCity
~'II J!
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLlCATIO'1.tECEIVED
SEP , 2 2005
1/;; :lor
*****
5. Home Phone:
498-5836'
Business Phone:
278-2331
Name vii T ....
RICHARD L
City State Zip Code
Delray Beach FL 33484
City State Zip Code
Delray Beach FL 33484
City State Zip Code
Delray Beach FL 33444
E-Mail Address: Cell Phone: Fax:
None 573-2145 278-3042
6. .A1:e you a registered voter?
Yes
If so, where are you registered? Palm Beach
7. What Board(s):are you interested in serving? Please list in order of pteference:. .
PolIce AdVIsory
8. List all City Bo:ards on which you :are currently serving or have previously served: (please include dates)
Disaster Evaluation/Todd Jackson/PBC Civil Defense 1981-1982
9. Educationalqualilications: Ft .Lauderdale HS 62, Otterbein College BA Economics 66
US Air Force pilot Trainin"; F.7 PBJC Police Academv 78. PBCCCD Rl
to. List any related professional certifications and licenses which you hold: Auxi I i ary' Pol i ce Off icer ,
Palm Beach County Civil Defense, Commercial Pilot, Concealed Firearm
.
11. Give yow; present, or most recent employer, and position:
Automated Finished Products, Inc./Owner
.
'12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
See Attachments:
I hereby certify that all the above statements are true, and I agree and understand tllat any misstatement of material facts
. cd in this appli"'l' 'on q y cause ~orfeiture upon my part of any appointment I may receive.
~ }'" ~l OIl a )J. ( I J J 10 /J, VLU1.y- September 21, 2005
SIGNAWRE .' ~ 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.
S\CITYa..B1lK\BOAPJ:N.PPUCATION
PALMDEACH COUNTY
,ClVlV:JjEFENSE
No.
Olli
l
0,
This certifies that
Richard Laird Amelunq
Is the" duly appointed
fat
MORBDES
Palm Beach Count
t,
-----.-.-.....-----.-
CITY OF BOCA RATON
COUNTY OF PALM BEACH
TIFIES THAT
.AMELUNG
APPOINTED
RY
, FleER
.HE CITY OF //}
, ON} FLOI;UDA '. ,.:
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Palm Beach Junior College
Lake W orlh, Florida
AWARDS THIS CERTIFICATE TO
RICHARD LAIRD AMELUNG
FOR SATISFACTORILY COMPLETING A COURSE IN
BASIC STANDARD POLICE AUXILIARY
86 Hours
February 7 - Apri I 20, 1978
\ru: ~ j ')1\ -
I~TRUCTOR
Chairman, Law En orcement Department
cff~{!~
PRESIDENT
BOARD DF COUNTY COMMISSIONERS
PEGGY B. EVATT
District No. 1. Lake Park
KEN SP/LLlAS
District No.2, West Palm Beach
DENNIS P. KOEHLER
District No.3, South Palm Beech
DOROTHY WILKEN
DjstrictNo~.4. Oelrey Beach
BILL BAILEY
District No.6, Belle Glade
COUNTY ADMINISTRATOR
John C. S.nsbury
PALM BEACH COUNTY CIVIL DEFENSE
6 April 1983
Subject: Letter of Commendation and Appreciation
ThrU:
Commander
9006th Air Reserve Squadron (ARPC)
7300 E. 1st Avenue
Denver, Colorado 80280
,
Ie.,
To:
Captain Richard L. Amelung
1125 Vista Del Mar
Delray Beach, Florida 33444
.Capta,inRichard L. Amelung was assigned to duty with
Palm Beach County Civil Defense for his Active Duty
Training during the period 21 March - LApril 1983.
He was assigned a project of developing an Emergency
Management Resources Document, a file of information
which is much needed by this agency.
B. T. KENNEDY, JR.
Director
Palm Beach County Ci.viI Defense
Emergency Operating Center
3723 Belvedere Road
West Palm Beach, Florida 33406
PHONE, 683-0880
Civil Defense (Races)
Radio Station WC4AAC
NOAA Weather Radio
Station KEC-50 fAItJ
FV
Palm Beach County Civil Defense is charged with the
responsibility of providing a system for the mitigation,
preparedness, response and recovery of our citizens
from the adverse effects of a disaster. A major defi-
ciency,ofour agency has been the lack of a comprehen-
sive:resource manual, capable of identifying the equip-
ment and material and its source, necessary to support
the implementation of our contingency plans.
(more)
April 6, 1983
Page 2
Captain Amelung has demonstrated an in-depth
knowledge of emergency management and public
safety functions. Using his own initiative
and innovations during his tour with us, he
developed the base upon which resource manual
can be effectively constructed and which will
have lasting value.
Because of Captain Amelung's personal character
and intellect, he was well received by and ob-
tained favorable response from, the many agencies
with whom he had dealings. Because of his mili-
tary deportment, he reflected a very favorable
image of the United States Air Force upon our
civilian community.
It is respectfully requested that this letter of
. commendation be entered into and become a per-
manent part of Captain Amelung's military personnel
file.
Sincerely,
County Civil Defense
I
BTK:fd
STATE OF FLORIDA
DEPARfMENT OF VETERAN
AND COMMUNITY AFFAIRS
DIVISION OF PUBLIC SAFETY PLANNING AND ASSISTANCE
BOB GRAHAM
Governor
JOAN M. HEGGEN
Sec..wy
BOB WILKERSON
Director
May 13, 1982
Captain Richard L. Amelung, USAFR
1125 Vista Del Mar N
Delray Beach, Florida 33444
Dear Captain Amelung:
Congratulations for being selected Florida's nominee as the
Outstanding Air Force Officer Mobilization Designee for the
Year (1981). This nomination attests to the many contributions
you have made to the Air Force Reserve and to the I~ffi Program.
Although you were not selected to be the Regional nominee, you
can be proud of having been considered for this honor. Your
accomplishments as an Air Force Reservist working with the
Disaster Preparedness Agency in Palm Beach County are noteworthy.
The Region Selection Committee was very much impressed with
your overall record of achievements. Selection was extremely
close due to the high caliber of nominees considered. There-
fore, nonselection for this coveted position should in no way
be construed as a shortcoming and certainly does not detract
from your superb performance.
Again, congratulations and my grateful appreciation for a job
well done.
z~~
Gordon L. Guthrie
Chief
GLG/NHS/em
cc: Palm Beach County CDD
BUREAU OF DISASTER PREPAREDNESS
1720 SOUfH GADSDEN STREET. TALLAHASSEE, FLORIDA 32301 (904) 488.1900
,
.
Boca Raton
Police Department
CONFIDENTIAL
FRANK P. CAREY, JR.
CHIEF OF POLICE
March 29, 1983
COMMENDATION
Auxiliary Police Officer Richard Amelung, during the past several years,
has consistently performed his functions in an outstanding manner.
During the past several years I have had the occasion to supervise
Amelung in all aspects of his assignments. He has donated I iterally thousands of
hours of service to the City of Boca Raton Police Department. His dedication to
the community and to law enforcement is unparallelled. During the beginning of the
Auxiliary Police Officer Program, Amelung was selected as supervisor due to his
obvious talents and maturity. He continually offered meaningful input and excellent
supervision, eveo.when difficult decisions were necessary regarding selection or
terminationrDf ot~er voluntary officers.
. Duret.ng!1181 and 1982, Amelung praticipated in several meaningful cases
wherein the .nv. stigations resulted in the arrest and successful prosecution of
crimin'lls pn ql ,~4 in organized operations within the City of Boca Raton. Most
recentlYy Amelung'participated in an under-cover operation involving organized
gambling" partii!I.IY as a result of his efforts, the investigation culminated in
the arrestlQf seye~al individuals and the seizure of thousands of dollars and
vehicles. \ "
Of particular importance to any successful law enforcement operation is
secrecy.and confidentiality. Amelung has demonstrated repeatedly that he can
be trusted, literally, with any and all information regarding investigations that
he participates.in.
It should be noted, again, that Richard Amelung has participated and
worked with Boca Raton Police Officers as a volunteer. He has dedicated himself
to law enforcement and community service. I have personally called upon the
services of,Amelung on hundreds of occassions. He has always responded and has
always been 'where ever the need calls for.
For these reasons, and for more too numerous to list, Auxiliary Police
Officer Richard Amelung is to be commended for his service to law enforcement in
general, and specifically for his dedication and service to the citizens and
police officers in Boca Raton.
~C~h.-L/ If. -&;t'f.'!
SERGEANT MICHAEL R. SYKES, SUPERVISOR
BUREAU OF INVESTIGATIVE OPERATIONS
100 N rth t S CRIMTNAL INTELLIGENCE UNIT
owes ecoria JS:venue
Boca Raton, Florida 33432
305 - 395-1161
~
;(.-., .'
,;.
.CONFIDENTTAL
To Whom It May Concern,
. The attached letter of commendation includes information
that should not be published. Specifically, the reference to Amelung's
involvement in a recent gambling investigation should not be made public.
That particular investigation is a pending court investigation that has
not yet reached the trial level.
The commendation, for the same reason as above, could contain
many more references to investigations but does not because of the need for
confidentiality.
Richard Amelung, speaking personally, is a credit to law enforcement,
the community and to the United States Air Force.
::;". 4f4c4u fJ /\. S;/~('.-6
Sgt. Michael R. Sykes
Boca Raton Police Department
I
1993
2001
/1/ :1lfJ
lECEIVEt>
CITY OF DELRAY BEACH OCT
BOARD MEMBER APPLICATION 1 22005
CITY CLERK
Please information:
1. Last Name: 6~ESSL...E.rc:.
2. Home Address:
'Z.2.3S AA&61"r llt.l-D~ CIP-CLE
3. Legal Residence:
<:. SAmE:. "S 2-. >
4. Principal Business Address:
Name -lo S\-\u. A
City~ ~c..H
City
M.1. R.
St tL ~.3 ~~eS'"
State Zip Code
City
State Zip Code
5. Home Phone:
g,\
6.
lB
~~\ ~11.1030
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
I\On e..
~t ~\j{,rSi\.
L CoV/'lSe.l.-
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
S~ ~e^, ~tS.
eIehy certify all the above statements are true, and I agree and understand that any misstatement of material facts
c tame in this ap 'on may cause forfeiture upon my part of any appointment I may receive.
Oclab~( \1, l...fJJC;;
DATE
T IS 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\CrTl'CLERK\BOARD\APPLlCA TlON
Joshua R. Bressler
City of Delray Beach
Police Advisory Board
Member Application
October II, 2005
12. Describe experiences, skills or knowledge which qualify you to serve on this
board.
The Police Advisory Board will face many challenges as it engages crucial and sensitive
community relations issues, sometimes during times of crisis or in the wake of
unfortunate events, and often in environments charged with emotion and clashing points
of view. For it to perform its function successfully and discharge its obligations to the
community that formed it, the Board will require strong leadership comprised of
individuals who can think clearly, wisely and without bias under time-pressured and
stressful circumstances; who can diffuse heated moments before they boil over; and who
can build consensus among those entrenched in their opposed views. The Board's
members must have compassion toward multiple points of view, and appreciation for the
different walks of life of all Delray Beach neighbors and their law enforcement
professionals.
Serving as General Counsel of a local media company, I rely on and sharpen my skills as
a problem solver and consensus builder every day in a vigorous and diverse commercial
environment. As the company's chief lawyer, I must analyze the salient data at hand,
weigh its impact on those it affects, exercise sound judgment, optimize our strategies,
make deals, settle disputes, counsel senior management, and lead and guide those who
report to me.
My practice of diplomacy, equity, sensitivity and tact earned me appointment to morale-
keeping committees oftwo law firms with whom I was associated earlier in my legal
career. Likewise, my election as Vice-President of my undergraduate university
dormitory's student council illustrates my long-seated interest in lending personal efforts
to better my community.
Delray Beach's continued growth and vitalization will present new challenges to the
community. Its Police Advisory Board provides an ideal conduit through which I can
volunteer my time and abilities to enhance our community and its members' experiences.
Joshua R. Bressler
2235 Rabbit Hollowe Circle
Delray Beach, Florida 33445
(561) 912-7030
josh@joshbressler.com
EXPERIENCE
PENTHOUSE MEDIA GROUP INC., Boca Raton, Florida
General Counsel March 200S-present
. Counsel senior management and all corporate divisions and administrative functions regarding
legal, business, strategic and regulatory issues arising from business operations, transactions,
litigation and dispute resolution.
. Analyze disputes, fonnulate potential solutions and mediate their prompt settlement.
. Anticipate and identify legal issues of concern, and develop legal strategies and solutions, often
with limited time for assessing alternatives and in situations of financial, political and/or public
relations risk.
. Perfonn and supervise complex legal work arising in the contexts of mergers, acquisitions,
securities offerings, joint ventures, corporate restructurings and commercial loans.
. Manage legal staff of seven, and conduct internal legal issue training seminars for employees.
. Negotiate and prepare complex commercial agreements.
. Prepare legal group budgets, review legal group expenses and invoices, and negotiate service
vendor rates.
SULLIVAN & CROMWELLLLP, New York, New York
Special Counsel April 200 I-March 2005
. Managed the corporate intellectual property and technology practice.
. Perfonned and supervised all aspects of intellectual property and technology matters relating to
mergers, acquisitions, securities offerings, joint ventures, corporate restructurings, structured
financings, commercial loans and privatizations.
. Counseled clients regarding legal, business and strategic issues arising from transactions,
business operations, litigation and dispute resolution.
. Presented Continuing Legal Education~accredited law seminars at training sessions and practice
group meetings.
SCHULTE ROTH & ZABEL LLP, New York, New York
Associate June 1998-March 200 I
Member, Professional Personnel Committee
. Established the finn's Intellectual Property Group: Hired, trained and supervised associates and
legal assistants; developed and implemented procedures for intellectual property transactional due
diligence, trademark clearance and prosecution, and copyright prosecution.
. Counseled clients regarding legal, business and strategic issues arising from transactions,
business operations, litigation and dispute resolution.
NY12528:205919.1
. Negotiated and drafted complex intellectual property, e-commerce and Internet-related
transactions.
KENYON & KENYON, New York, New York
Associate Summer 1991; September 1992-June 1998
Assistant Chairperson, Kenyon & Kenyon Copyright Practice Group
Kenyon & Kenyon Associates Committee
. Engaged in broad scope of intellectual property matters, including client counseling transactions,
litigation and dispute resolution, and prosecution.
EDUCATION
NEW YORK UNIVERSITY SCHOOL OF LAW, New York, New York
J.D., cum laude, May 1992
Activities:
NYU Advocates For The Arts
Unemployment Action Center
DUKE UNIVERSITY, Durham, North Carolina
B.S.E., cum laude, May 1989
Majors: Electrical Engineering; Biomedical Engineering
Activities: Vice-president, Gilbert-Addoms Hall; Area Rush Chairman, Delta Sigma Phi
International Fraternity; Freshman Engineering Guide
Honors: Tau Beta Pi Engineering Honor Society
BAR ADMISSIONS
Florida (Authorized House Counsel); New York State; United States District Court for the Southern,
Eastern and Northern Districts of New York
PROFESSIONAL ASSOCIATIONS
New York State Bar Association (Co-chairperson, Rights of Privacy, Publicity and the Media Committee
of the Entertainment, Arts and Sports Law Section), First Amendment Lawyers Association, International
Trademark Association, American Bar Association (Intellectual Property Section)
INTERESTS
Tennis, touch football, softball, problem solving, exploring, quality of life improvement, home
improvement, teaching and reading
2
* * * .. ..
~1dJ
DURAY BEACH
f '. () . . .. ...
A1I-AnBlcaClty
, ~ II I!
1993
2001
CITY OF DELRAY BEACH EIVED
BOARD MEMBER APPLlCAfloN
SEP i 0 2005
CITY CLERK
1.
M.I.
2.
StrL
State
Zi
~~
Zip Code
3. Legal Residence:
AVV\
4. Principal Business Address:
~1f-l
City
State
Zip Code
5. Home Phone: Business Phone:
-~5D? fJ}A
Cell Phone:
Fax:
6.
7.
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
9. Educational qualifications: lA ~ II 1::
c..oIM lliNlA/JI.IG- PO-Smv E- Vllfl..E'V1A{N
Q{ Vl.,.1f'oJl . ON, ~
I hereby certify that all the above tements are true, and I agree and understand that any misstatement of material facts
con . d in this applica . on may cause forfeiture upon my part of any appointment I may receive.
---31lQ1tS
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.
S\CITYCLERK\BOARD\APPLICATION
9/11/05
f.V\'\.('LoYM(NI GO^L(, DETEftVVllf0)tJ6-' eflOVvlo1/0tJAL
DPl'oJL\V\A!lf(Efj Ji1P(ftl)lJitJCr AJJ EfE"t:.cnuf M,\,{LTI
RAtl^\.. $,.fIL(j ~V/l..G( AN-O y1.1il/(IN(,.. TO\-1.CI-l Df<-IJwNs
wt\0J TOL'MI,vftiltJ Cr Tt-\aJf Wt\V Ulvt1.9 [\.101 IM.~AHvLf
VI. p 10 'I1-H: fTA.AlOIlIlj) J KEI.lV\I/Z..E:J 1$.7' -r/-lE OILC/lJ..I1c4TI vAY.
1li/l...Q\ACI~OI.\\' "'1 tAfLf{/L I. l-IA VE HA 9 mG OP!'oltfll\ N rr
T) AntW9 1A{,4j'" R-AGI4L .lfNJIT/Uttlj TR.lJltJ)!J(Y SOJltJN}
p.N'J 'tIA..'NO./U7 RE<-{t.u ITlAJ('" SE^'\,JAfLj. r EE.ll EuE 1""
t-\A\){ DE:.U(LOft9 /lJJ V\.1JJ)ttZSfAJJ9lN Cr AAJ9 StNSITIVITj Tb
Wf. V'tlAT\(.\c-€..!f9 ~l.tOT)wJ of "RACIAL EQlAllll'l ANJ
1flf. IN liEfLE NI CWlll..AN GEJ AN f) ~Il LIlNCltJ 6- A LT A1J
O'l.~M,)\tAl1 IlN L\K6 "1~f. fOLl LC D6fMI.:)Vl1(NT (AGEJ
OtJ A DAIl-j ~JI.{d,
8J~~
DElRAY BEACH
or . 0 . I . A
All-AmericaCity
"II J!
1993
2001
If?j~
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLlCATIO~EP 1 7- 2005
CITY CLERK
*****
infottlliltion:
1.
Name
ffm ES
citrpdflfJ- Butch
City 5' /l /V2 C
ML
2.
jJ I vel
State
FL
State
~$~
Zip Code
3. Le~ Residence:
4. Principal Business Address:
...---
City
State
Zip Code
.----
5. Home Phone:
2?z~/rrpO
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
27r-iYClZ-
'If-ch
---
6. A1:e you a registered voter?
If so, where are you regist
7.
? Please list in order of preference:
3t }?.5
I hereby certifY that all the above statements are ttue, and I agree and understand that any misstatement of materlli facts
contained in this apPlica~ forfeiture upon my part of any appointment I ~/;;/ Cl;-
f I
DATE
Note. This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\OTYa.BRK\BOAltI:t\APPUCATION
DELRAY BEACH
~
ItJ/~!07
RECENED
CITY OF DELRAY BEACH aC1 - 6 200S
BOARD MEMBER APPLlCATIO\NY CLE.RK
1993
2001
Please e or rint the followin infonnation:
1. Last Name: CHAt>ftM
2. HomeAddress:2'f~ WiND C.T.
3. Legal Residence:
<;AM~
4. Principal Business Address: City State Zip Code
ID:;O s. ~A1..- ~~ wId -~.)I$ l>""-btY ~ H. 3~3
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
6bl. 4~'t. 14~3 ~61. 8bo .11>12 'ltCk.cMA~~ 'l.~
6. Ne you a registered voter? Ye<;, If so, where e you registered? P€lJJt.{"l>~
7. What Board(s) are you interested in serving? Please list in order of preference:
Name J I,'
Q t-I-tlllil CfMe(,.
City PetRA'!' 'Bale If
City
IU~f~
State
f1.-
State
M.l.
Mo.
~~
Zip Code
Pow CE kbVifJJp.'( toA-~'J)
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
lJO~t=; - t-..lSW Re;i'l7et-JT ~/oS" Re;i~T's .4u4-~y)
9. Educational qualifications:
WtfE ~ 1\1\\1. 0 i CJtG.,o - lq<6q
?>A CM i~ ~ U.CLA - U03
10. list any related professional certifications and licenses which you hold:
CA- lI-.ls.ue,wu;: f...ic~~
C~Tif- l>i~ 17)R..- UCt.A-'f P~ecrO/?S ~A1tJi~ ~L. ~ .Te'tiC.
11. Give your present, or most recent employer, and position:
5f"O/JSO it> exec\A:nv'e- - TI-fE .+nfIETe'c; A-6 IN1lf;i(U.Jk'f/ONA-t- 51'0 TS Mk.T&)
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
1ZfCeJJT: 1rJ.1€1;j~ III fos'f~ mnve ONSlllA 'v roA-TroNS.(tJ ~ &ac>> wiTII' POloi(f" ci7i s
V^"T: M~M~eIt feD uslrtJ 6atn A4A ~lY :CouTS' Ci T~ J.
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
con . ed in rw~ may cause forfeiture upon my part of any appointrn~t Plo~e?ve.
SIG RE DATE'
Note: lbis 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\CITYCIBRK\BOAIID\APPLlCATlON
OElRAY BEACH
~
1993
2001
1!/~t7J
CITY OF DELRAY BEAQllECEIVED
BOARD MEMBER APPLlCA~N G 200S
CITY CLE.RK
information:
1.
Name
M.l.
c.t.A f-TON
2. Home Address:JS 25 l ~ ( u J
3. Legal Residence: =#- B 3
City
City
4. Principal Business Address:
<. n. J_
.~_..
City
State
Zip Code
7. What
E-Mail Address:
5. Home Phone: Business Phone:
J72-'3Dftf
6.
I
If so, where are you registered?
9. Educational qualifications:
hold:
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief ",sume)
I hereby certify that all the above statements are true, and I agree and onderstand that any misstatement of material facts
. nrained in this application use forfeiture upon my part of any appointment I may receive.
/~-<r--OS
DATE
Note: This application will remain on me in the City Qerk's Office for a period of 2 years from the date it was
submitted. It will be the appllcant's responsibility to ensure that a current application is on me.
S'ClTYQJDUC\BOAIlD\AJATION
Wyana Claxton, LMFT
Profile
Experience
2003 - Present
2004 - Present
Education
1986
Honors &
Activities
References
Personal
Information
Twenty years of extensive professional experience as a psychotherapist,
counseling individuals, couples, and groups from diversified demographics and
environments. Notable speaker and lecturer on fucilitating positive changes in
abusive behavior. Respected as an outstanding case manager with an
established reputation in the specialized area of violence against women and
children. f/qrjda license # MT 1688
PSYCHOTHERAPY
Psychotherapist. Multilingual Psychotherapy Center, Ine. Provide
therapeutic interventions in office or on-site to children, families or adults of
the assigned caseload.
Psychotherapist. St. Mary's Child Development Center, Inc. Provide
services to referred children, adults and families in office or on-site.
M.A. - Counseling Psychology. Pepperdine University -Irvine, CA
GP A: 4.0.
.:. Served as expert witness on
battered women's syndrome for
a.c. District Attorney.
.:. Regarded as superior teacher
on substance abuse, child
abuse and domestic violence
issues.
.:. Serve as Parenting
Coordinator for Palm Beach
County 15"> Judicial Circuit
.:. Operated successful Claxton
Counseling Center offices in
Santa Ana and Mission Viejo,
CA, supervising a staff of
nine and teaching eight
weekly men and women's
Batterers' Intervention
classes.
.:. Experienced Red Cross
disaster mental health worker.
Alida B. Pajares
Vice President of Operations, Multilingual Psychotherapy Center, Inc.
Rochelle Reynhout
Coordinator, Sl Mary's Child Development Center, Inc.
home address: 2525 Florida Blvd., #133, Delray Beach, FL 33483
land line: 561.272.3088
mobile: 561.302.1820
fax: 561.272.4016
e-mail: claxto_W@beIIsouth.net
*****
(olin
CITY OF DELRAY BEAC~ECE\\fED
BOARD MEMBER APPLlCATIC?~ , 4 'lIlIlS
C\i'< ClE.P.\<'
DElRAY BEACH
. l 0 . I .. "
'11Ir
1993
2001
Please e or rint the follo
1. Last Name:
information:
2.
() iZ.d.
Name:::fLXlI1
City ~\('(,\ C/d,1
City
M.e
Sf!L Zip ~de
33 15
State Zip Code
State Zip Code
-r'- 33'/<I-S
Fax;
3.
\\ I (
4. Principal Business Address:
3333 5. ~0Y19("€S5 Ave:
5. Home PhoneiJ.78 Business Phone:
5~1-~~5 d..l.j3-~~{7
6.
City
Delroy Beac;'
E-Mail Address: Cell Phone:
J Gd It-:J..~ Qol. (;;4'-1-581,0
If so, where are you re~tered?
/Je.-lY'Ct "(!(Ici-)
PL;<~" list in )J~er o~erefwn!'..e:
~ /-lTIq "- t:ed"t en+ CiQi!/1l
8. List all City Boatds on which you are currendy serving at have previously served: (please include dates)
r;
9.
()dm 'h Clf'f/fe
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained. . a lication may cause forfeiture upon my part of any appointment I may receive.
/~~S
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.
S\CITYCLEIOO8O.ARD\.\PPUCAnON
DELRAY BEACH
.. I 0 . I . A
-t****
1ii~
1993
2001
CITY OF DELRAY BEACH 9/4dJ
BOARD MEMBER APPLlCATIdfF-CEIVEO
SEP ? l\ 200S
CITY CLE.f\\<.
ease type or pnnt e 0 OWlfU!:In ormation:
1. Last Name: Name ML
DeLyon Richard E.
2. Home Address: City State Zip Code
7673-A Lexington Club Boulevard De1ray Beach FL 33446
3. Legal Residence: City State Zip Code
Same
4. Ptincipal Business Address: City State Zip Code
I
N/A
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
(561) 638-1452 - RDeLyon@ao1.com , (561) 251-7937, Avail.
6. Me you a registered voter? If so, w;ere are you registered?
Yes IlIiUh.r 'il.'lK
7. What Board(s) are you interested in serving? Please list in order of preference:
POLICE ADVISORY BOARD ,
8. List all City Boards on which you ate currently serving or have previously served: (please include dates)
,
9. Educational qualifications:
See Attached
10. List any related professional certifications and licenses which you hold:
See Attached
,
11. Give yout present, or most recent employer, and position:
See Attached
,
12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
See Attached'
"='Y""" '71'-' ,.~. = -'"" -~, ~'=.",ru.,..,,,",=~'m --' ""'
con:;p ~ i apPli'Jn m;%z f:fei~e upon my part of any apPOinttneni? ~~~~v<< r
SIGNAUJRE 'V pi DATE
PI th [.11
, [.
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 ensute that a cuttent application is on file.
S\CITYCI..ERK\BOAJU)VJ'l'UCA nON
7673-A Lexington Club Blvd.
Delray Beach, Florida 33446
September IS, 2005
Ms. Venice Cobb
Police Advisory Board Liaison
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Ms. Cobb:
Let me introduce myself: I am Richard E. DeLyon, electorate of the State of
Florida and the City of Delray Beach. Currently retired, I have lived in
Delray Beach since the year of my retirement, 2000.
A second-generation Mexican-American, I served for thirty-three years in law
enforcement, rising through the ranks from patrolman (1965) to Chief (1992).
As you peruse my credentials, you will see that I present a broad base of
experience in police issues, as well as legislative and labor initiatives. It is
my hope that such "hands on" knowledge of community commitment,
working in concert with City government, would contribute substantially to
the achievement of the Police Advisory Board's objectives.
Presently, I am working with Sharon L'Herrou, Program Manager of The
Delray Beach Weed and Seed initiative, as a volunteer grant consultant.
I look forward to meeting with the appointing authority for the Advisory
Board and discussing how I may best be of service to our community.
Am.... C~.?l~. // . V
tflJ I. vV C/
r
Richard E. DeLyon
Enclosures
RICHARD E. DEL YON
5 Diana Drive
PawtUCket, 1U ' 02861
401.7Z43334
e', .. -',' .....:... ",' .....",.
A cortsulting po~ition'~hich capit:!liZes on a proven tr3ck recotd aIllhaluable profe~~ional expertise
in municipality leadetshiP ~ legislative influence complimented by a 30+, year
criminal justice and law enfOt:rement bilckground.
EXECUTIVE MISSIOl"l
DISTINCTIVE, QUAI,IFIERS
. Skilled as an expert witness in 'taw enforcement, risk tpanagement, and labor areas.
. Deep knowledge of legal process including pre-trial, discOvery and evidentj.ary procedures,
o Offer extensive investigative research and civil/COrporati litigation support eXPlldf,mce. '
o Vast experience in testifying before legislative committees about law enforcetnent isSues.
o Well-ven;edin prep~glitigation exhibits and providing key input durin~ albitration.
. Championed development and,funding of awarded~winning communitypolicing,PrognuP,S:"
,0 In-depth experience in managing the grain development process for municipalities., '
. Ai1ept in gI d' ,t/prograin evalvation/review, auditing, fund mana,gC!llent, and't;Ompli;ince.
..Exemplify a: Creative, resollfl:eful approach' to pUil~g,'grnss roots, prograQ1 suPil<>\t
"._,' "',' <- 'A' '," '.:"j",;'/..,. ....':.'\:, ....... .... ....;:.!'/-~~::
oh1fi;uential in'netwol'lfuigwith state lIJl~ IIlIti-p!lallegi~<<>rsin\V~hingtO,ri,pt~ "
_Proveb.abilityto'writellIld inteqiretlegislarl,ve.P.Q!icies and reguJatotymaUets. . ','
o Recognizel!. as a ~ccessful ;llivoq.teof legi'sHitive modificatiqus'to labor legiSlation.
. Talented in enforcing union contraCts and negotiating, resolutiOtJs to grie"ances:
" 0 ,Vast knowledge of labor relations mp,udingassaciat!ld,state/fe9!:ral requirements.
" " ..,.:.....::. .....'.:'..:i.~:<...._",...._. 'c.>..... .. _, ',,'," ..::" ',' " .. ',' ',- ," ...-.... . '_. <: ,.".-",,'-.:",'-. .;. ...... ."..:~,.:..." c, :."..>"-",.,,.:.:..:'.;:-0;:'.';.':,.. ..-'
. ,,'.-----' ,'.,..." "', - ','. ;. ~'. . '...:.... '. . . ".'. __. -- '," -- . .... . .:. <.:. .:-- -- '. . ""'.' >. '.:",
,..-,-'...-- . ".,-,
CITY OF PAWfUCKEr - PawtUcket, Rl (196S~i\j99)
POllCE CfJll'~F, 199Z..1999' , " '
. Appointed, bytlle Mayor to, fulfill \l. non-union contraCt ,as the top exe,cutive~ leadiI}g
a staff of32(}Iilunicipal and civilian personnel in deliv~ry of law enforCement'Se&ic:eS.
Effectively ControllC!i a $14M poogetw,pich lnclJl!led,Coor<lill~l:ing the acqUisition of
federally-sponsQJ.td operational an~ ~pecill1program n;~1\lng."Ful1y accoUritable fiir.'., ,
plntaining city's crime ritte t!1fOugh,succes,Sfu1'llWgr1ltnmi!lg and ,oyera)iq.ns :1I!c*geinent. .'
Aci,ed as ak,ey d~partmentalliai~}1 a1;1~ ~~!9'<in"uueriafling :regw~'y .with tjJ.e,
Mayor and other unportant publiC 'OffiCIals mCluding ,the' Public Safety, Direttor." "
'.' '. ..,'. ",' -'. '.':, ">' ". '" .",.._,: ......".- ,-,,:..,:,,<..',.::"":..','-
'_ ..'..' " ..' ,'.. '.' .' :";,.",:,:":,,,,;,:0:', ',:,;: ,,'::< . .
o Achieved documeitted' ~cess in ,reduCing"crime nu:e. bj'M>% over six year temire; " '"
o Signific3ntlybuproved annuai repprtfomlllt:to inclijde adetilil~ou1:li1le of ' :,
expense al1~atiQns and the OrgaDlZations'Ongping'pnarlCiafi>eil'orniliiice. " .
, 0 Est?blishedJ"olicc Depa....unent as the l!lostefficieJ1kthil>ughgJlttheJol'orthe,asnegjpn.
o~=~~~;u=:tp=~~~~~J::;~tM~in~r~=ties'" '
. MobilizOO interagency planning, logistics managenieb.t. crearlve fin;incifig; and
tactical pperatio~ to capture funds from dnig-n;lated seizures and forfeitures.
,;"..,.
,"" ',:.'"
~,a1I
Inyestigation
F~I
'" g
, rrogramming
t. i' , ,',:1 ,;..~
, J:!g,;;;;~61
1AJi9n,IssJieS
EXPERIEl'tCE
Contribution
'Highlights '
program
DeveLOpment:
Traffic I'jogram (PARE.): ' ' , .
o Designed, developed, and acquired se1f-liquidating~ to implement a new, l
tr.lffic program that netted up to $1.2M peryeat in iJ,dditional capital; baSed pn its
success, state legislature attached fines to, sUpplement fundin,g ,of state progt'll!ris.
. Created infrastructure/fine schedules. enforced program, and oversaw coan '
activity; man;lged record-keeping, collections, 1lIIli dissemination of state' fin~s. ' " .
o Successfully achieved reduced accident ratesa.,d frequency of uafficfataliti~s.
r" -
rdeHARD E. DEL YON
Page 2
.'\
CITY OF PAWfUCKET - (Cont.)
CommunityPolici,ng (Weed & Seed):
. Noted as a fo~lUIIIIiI1g advocate of a Community Policing program that supported
the Crime Bill ,in the North~t; initiated and launched start-up of 3 community-run
facilipes targete!1 disadvanta,ged youth, requiring grassrootSfunding and leadernhip.
. Qlampioneda new division of 14 Police Officers and multiple colfimunityvolunteers.
. Instrumental role in grain writing in concert with HUn agency; aequiri:d funds that "
supplied 11 public housing comm,)lIlities with security and crime prevention education.
. Instituted a,campus-type law enfurceinlmt lay,out noted as firSt-of-~ in Ne)lV England
that required eStablishing 4 satellite police locations to,enhance neighborhood watch.
. Initiatedlenacte.dgrlevance arbitr;ltion and successfully won petition in superior
court to alter labor laws 'that converted police chief role into a non-union epntract.
. Testified" before the legislati\(e body and rallied suppOrt from Police Associ~tion
to achieve; 9 of 11 reCOmmended changes to Policetuan'sBill of Rights in 1995.
. Served as Secretary/freasurerof a 14-pelSOn GovemoNppointed charter commission,
Americorp; evaluated at-riSk. student progratiIs and allocated $8M in funding.
~,Developed the first legislative-driven Juvenile Heating Board in the State which
reduced youth-at~riskand alternative sentencing to nOll-violent offendern.
,PATROL COMMANDER, 1989-1992 '
Dire~ ~e Cl~iJY, PijtrOl;DiviSiol10peI;atiOPs -ap<! A~~ i~;\Ues for a 116~pe~on te~
of uniformed officers. ' Fmpllwered as the ActmgCfuef m ~J;>senceof the Police Chief,
.:. . _:.,,:, '; _.:~;,..;,':"-,;:. _,.".,,:,>,:: ............ .... "'c,',,,' . ',' ,':.,.:"::::: ,';":. -...::-,,:.t",:,",..,:..,u'__ ':::i..;':,-.,-., . ............,.,'
EarTie!1;fOgressiV~{lfF(ltuit~ility,d,tfj;i!;a ~fff~gnd.w.;;,eI;lS~I)lrUC(lessful'
tenure 'from 1~6~-198Q .,- pnor lediIer~hip:piiS!n~n#listed below:
'''', . <':t>::": :>,"-:' ,,"', ,-:" '-'-,,' .:)-'!.:', :'" :<' <,~,;~,"';:J' >,:-<, :,'-
CAPTAIN '/'IbirdPIatoon),'1987-89; DETECTIvEuE;QTEN.4-NT, 1985-87;
LIEUTENANT (Third;PlatoQh), 1983-8~;:~t;R,G~J\N:rtr/)ird Platopn), 1978-83;
DETECTIVE (Night petectives), 1975-78;, ,PATROl-MAN, 1965-75
;:., '.': ..", . : ":" .<.::,' ',.'--, -,..', :", .:.",' ?4t',:":':'\'> ',.,",'- ,-".,:,:, :" -'" ,-"..'
EXPERIENCE
" Program
,. Development:
,AAtillist
"Cof!triQunorlS :
-.,.",,'
"J
,EDUCA.TION
SAL VB REGINA COllEGE - Newport, ,Rl
B.s. DEGREE, IN UW ENFORCEM~,1975
'" ,':',:;>,'.:.'- --' ,'-,:'-,",'/;':,:-\,"':'''','':,:,'-'" -', ,::-.::} .. -", :':",'.,', ,',
. Univernity ~f'Rhod~IsIand" Criminl!lq~"Investigation (26 weeks); Comm~d School
. Americans for EffeCliveLaw Enforcemebt, DiScip1!1Je & '~abor:l~pblems
. Labor Re1aiions Informaiion Systems;lU.ghts of Police Offi.~ts ; "
: ,'.... ,:':' .. :'.".... ',' .. """""',':' "_:,,,,:,:_.:,,;-,:,_:.. -'-, .. .. ,'--':. <r:',':,'~~,_:":,':':_;':'::-')"_>;'::-,~:,,,:_,,,, ,'_ _'" '" ",".,,":,', ,<")',,'~'-, ,", ", ,,~
. Community POlicjng . ~ahagement ,"cPolicy&d1liuining' , . h}ve.!1tigations
. sentencing Guidelines . Police Stress, '.Teclmoldgy"., . ~~lic 'S*ty
. Crime Control . Patrl)l Functions . Hate-Crjp1e ,Response' Prograt\l"Design
. Juvenile Crime/Gangs . Asset ForfeiJllr.e : . ~Pyc lfousing ~ Negqli1luoll
. Drug Prevention . Domestic Violence ,~COUectiveB;ugainjng' Medil\tion
. Invited to seNe aSa "ConsuJt~T)t bYlhe:Na.tio'ha1lns~~';;'f Justice{NI:l):: 1997
. T~tified befo~ Comtpission on Civil ro~()!l' Bigol!Y & Yiole~ce, Cl1l1iri;d ';
by Senator Shoales (Senate Heating RemarkS publi~hed'in Washington) " "
U.S. NAVY - Honorable Discharge (1961.,68)
~ASOF
EXPERTISE,
HONQRS
:''':;':,;;,i::'f
"'::~/A'; :.
,'"",.,.,1",,',-'.:.'"
MILITARY.'
'1'.
, '" '. ,
AFFILL\TIONS
. National Criminal Justice Association
. University of Rlcriininalist Association
. Pawtucket Police Association
. Fraternal Order of Police
. "', ",",' ,',',: ,,"",', .,',.
':' ,_,-- : - "",".' , ",", ,:>C,::",'_" :",
. In,lIiinational Association,of Chiefs of Police
. National ASSflCil\tiori of Chi,\:fs of;olice
. WIode I&Iartd Popq: ,Chief's A.ssocllition
. Commissioned PoliCe Officers. Assn. of RI
PROFESSIONAL REFERENCES AV'AlLAJJLE(ONREQ1JE;ST '
DELRAY BEACH
~
mr
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
(0/;10]
RECEIVED
OCT 1 2 2005
CITY CLERK
Please e or rint the followin information:
1. Last N arne:
2.
Name
M. I.
3.
City
/JeLJ!A
City
State
G~ FL-
State
;::L
State
Zip Code
3 :r
Zip Code
3:SjLJ?>
Zip Code
City
oS- /1 A/1 L1:1 .o~/ (/,:
4. Principal Business Address:
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone: Fax:
1-~.fY- 3..>2. y
7.
YeS
.Bs~ FL
Sr./~"J7-S-D g,s-
6. Are you a registered voter?
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
/)/0""':
~s
v.5n~'ES.s
AJJh':"-'S ,iU-T1~A/
10. Ust any related professional certifications and licenses which you hold:
IJO,.:J€
it.../107i:L. .eEsT uP, .;I ......
t...lf C- -)1.)1 f,t.. "'-of<..
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne)
V E""~ Iii",t.. IV c ... ",. O/'l <;;:O()~ 0 d-.
Co
It I",v.s
H
So
CIL
-I-
~piJcrz "T"Hc S oJe FD.u.. F C;;OV€ 6'"iT
certify that all the above statements are e. and agree and understand that any misstatement of material facts
may cause forfeiture upon my part of any appointment I may receive.
/ 0 /;/ /2..00 ..r
I
DATE
Note: TIlls 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 me.
s\CITYCLERK\BOARDWPUCATlON
VICTOR DI SYLVESTER
305 HAMLET DRIVE
DELRA Y BEACH, FLORIDA 33445
HOME (561) 637.5085
CEL (561-654.3524
EDUCATION
1958-1962
RIDER UNIVERSITY: B.S. IN BUSINESS ADMINISTRATION
MILITARY
1962-1968
NEW JERSEY NATIONAL GUARD
U.S. ARMY-HONORABLE DISCHARGE
WORK EXPERIENCE
1997.Present RETIRED
SEA SHELL MOTEL, RESTAURANT & ICE CREAM PARLOR
1975.1997 OWNER/OPERATOR
CAPE MAY COUNTY, NEW JERSEY
1991.1995 DIRECTOR OF TOURISM, ECONOMIC DEVELOPMENT & AIRPORT
OPERATIONS
1988.1991 DIRECTOR OF PUBLIC AFFAIRS
WILDWOOD, NEW JERSEY
1982.1983 DIRECTOR OF PUBLIC RELATIONS
NEW JERSEY STATE ASSEMBLE
1981.1986 LEGISLATIVE ASSISTANT
HARPER & ROW PUBLISHING CORPORATION
1978 MARKETING SPECIALIST
DUN DONNELLY PUBLISHING CORPORATION
1974-1978 MARKETING SPECIALIST
INTEXT EDUCATIONAL PUBLISHING CORPORATION
1972.1974 SALESMAN
BROW ARD COUNTY, FLORIDA
1967-1969 SUBSTITUTE TEACHER
METROPOLITAN INSURANCE COMPANY
1964-1967 SALESMAN
CAPE MAY COUNTY, NEW JERSEY
1963-1964 SOCIAL WORKER-WELFARE BOARD
1994.1995
1994.1997
1992-1996
1991.1995
1991-1995
1990.1995
1989.1990
1988.1997
1983-1995
1985.1987
1984.1987
1984-1987
1982-1984
1982.1984
1983.1984
2
COMMISSIONS AND BOARDS
STATE OF NEW JERSEY
GOVERNORS TASK FORCE FOR NEW JERSEY ECONOMIC MASTER PLAN
BOARD MEMBER
COVENANT BANK
BOARD OF ADVISORS
CAPE MAY COUNTY NEW JERSEY TECHNICAL SCHOOL DISTRICT
BOARD OF ADVISORS
CAPE MAY COUNTY, NEW JERSEY
FISHING LOAN BOARD MEMBER
ECONOMIC DEVELOPMENT BOARD MEMBER
CAPE MAY COUNTY NEW JERSEY CHAMBER OF COMMERCE
BOARD OF DIRECTORS
CITY OF CAPE MAY CONVENTION & VISITORS BOARD
BOARD OF DIRECTORS
GREATER WILDWOOD CHAMBER OF COMMERCE
BOARD OF DIRECTORS
NEW JERSEY TRAVEL & RESORT ASSOCIATION
BOARD OF DIRECTORS
SOUTH JERSEY TOURIST ALLIANCE
BOARD OF DIRECTORS
CITY OF WILDWOOD PLANNING BOARD
BOARD MEMBER
CONFERENCE OF NEW JERSEY MAYORS
CAPE MAY COUNTY REPRESENTATIVE
SOUTHERN NEW JERSEY DEVELOPMENT COMMISSION
TRUSTEE
SOUTHERN SHORE REGION NEW JERSEY ST ATE TOURISM BOARD
FIRST CHAIRMAN
WILDWOOD TOURIST DEVELOPMENT COMMISSION
FIRST CHAIRMAN
"
'---,
1983-1984
1979-1997
1979-1983
3
WILDWOOD ALCOHOLIC BEVERAGE COMMISSION
CHAIRMAN
GREATER WILDWOOD HOTEL/MOTEL ASSOCIATION
BOARD OF DIRECTORS
WILDWOOD CONVENTION & PARKING AUTHORITY
COMMISSIONER, VICE-CHAIRMAN
ORGANIZATIONS
AMERICAN LEGION, SON'S OF ITALY, ROTARTY CLUB, MARCH OF DIMES, CANCER ASSOCIATION
1984-1987
1983.1984
1981.1982
ELECTED GOVERNMENT POSITIONS
CITY OF WILDWOOD, NEW JERSEY
MAYOR (STRONG MAYOR FORM OF GOVERNMENT)
COUNCILMAN-AT-LARGE
PRESIDENT OF COUNCIL
CITY OF WILDWOOD CHARTER STUDY COMMISSION
ELECTED BY REFERENDUM
CHAIRMAN
DR.RAY BEACH
. & <> .. . . ...
*****
qur
1993
2001
RECEIVED
CITY OF DELRA Y BEACH 2005
BOARD MEMBER APPLlCATIOi>P 1 3 Ii'
CITY CLERf'.
PI"""e rint the followin infottrultion:
1. Last Name: Name~5oN M.L
PC) V
2. Home Address: e- State Zip Code
0,5 N~ 5~ ^V{ #31 ~LJ('A V ~JI f'l... Y3'1J3
3. Legal Residence: City State Zip Code
(SA....t As
4. Principal Business Address: City State Zip Code
301 W, t\TlAtJ"C>C AVCNiJ..t 5u.lT{ 1/'0-(
5. Home Phone: Business Phone:
f)E/..RA'i BeAC/l
E-Mail Address: Cell Phone:
FL
33'1'11/
Fax:
N-5lfot W)' M J 6(}1/-C/Jt f5dm-?lftJ7
Me you a registered voter? y~ If so, where are you registered? f4/..{Y)
7. What Board(s) are you interested in serving? Please list in order of preference:
I'hk.
9. Educational qualifications:
B.s,; 1Il)R,~ R.srtl ::r. D. ; Sf.jfc e. M (X-mtR..-}/o
10. List any related professioruU certifications and licenses which you hold:
/I.b.v~
11. Give yow; present, or most recent employer, and position:
~l,o r, N(, - W Off-TCt5 orSIISlMl p.j),~ -. .
.12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
'1f4
.-rN
A~Z.A-z:..-o)JS .
5eV6e<l1... j.lArmY 6V6V1J
I hereby certify that ill the above statement>; are true, and I agree and understand that any misstatement of material facts
contained - . ppl1ca-"ion may cause forfeiture upon my part of any appointment I may receive.
IO//3/tfs
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.
S\Cl1Ya.eRK\BOAllD\APPUCATION
SEP-15-2005 14:26
OOJLo\y BEACH
"
1993
2001
PAC INDUSTRY FUND
15616839633 P.02/03
CITY OF DELRA Y BEACH
BOARD MEMBER APPLlCATIC N
PJC1.se~ or prip.t lhe follo~ information: jl.1.l.
1. LaSt N:unc: Name
n ,1 ~n Donald R.
2. Home Address: City State Zip Code
:660 'West -.Clea1:brook Cr. Delrav Beach FL _33it45
.3. Legal Residence: City State Zip Code
660 West Clsarbrook Cr. Delrav..:Beach Jt ..3.3 4JU
4. PriDcipal Blls;ness Address; City Smte Zip Code
5730 Corporate Way, Suite 110 West Palm Beach FL 33407
5. Home Phone: Business Phone: E-Man Address: Cell Phone: Fa..,,:
561-265-3937 561-683-8833 pacif@bellsouth.net 561~89 1580 561-~3-9633
6. An you a registCIed voter? If so, where are you registered?
. Ye..s J'a1m 1l,:.n. ~n"Of:v ".. ,,,;,,,, .lUll
7. What Boaz-d(s) 2t. you in=<.cl in ,erving? Please list in onle.l' ofpref=ce:
Po-1ice Advi.sDrv Board
8. l..ist iIlJ City Boords On whieh you are currently $orvicg or h~ve'l':eviousl, served: (please jnclud< dates)
...n.o.n.e..
9. Educatiolllll qUalificapnns:
r."~n ,,-,"pn IT';"".,.,,; Tv of" .M; ~m;
10. List any related professioll2l certifications and licenses which you hold:
l'.ormer ll..oard .member of ..l.n.tsrnational Foundation of
E~loyee Bsnefit Plans. Past member of American Arbi ration Associ tion.
11. Give:}'T'ur present, or mOSt recent employer. and position:
Plumbing & Ale Contractors Industry Fund
Executivs Director
12. Describe ""Perienees, dciI/s or kno"'ledge which qualify you co Sl!tVe on this bo..a: (please ~t!:\eJ a blief resume)
Twenty years a Trustee (Chairman) for Health & Welfar and
P~sion Fund in excess of 90 Million dollars.
I hF"'; ce:Qfy thO[ fll! the above smtemellIS ... true, and I agree 'Dd understlUlC! thot ony mi'SllltCI!le t of lDace.rinJ facts
cOrlR'in d in this app~c.ciOIl m}S;"se forfeiture Ilpon my p= of U1Y apl'oin""ent I may :eeel"".
I"\.. !:lL->..R-,(J e ~ ~ September 1 . 2005
SW~ru~ n~
,
I
Nore: TIlis application will remain on f1Ie in the City Qerk's Office for a period of 2 yea:s fr( p1 the clare it was
submitted. It will be the applicant's responsibility to ensw-. mat. curreJ:lr application J On liIe.
VlCrTYcl..I!!tK\DOA.lD\IJlf'UCIr.'nOl\!
SEP-1S-2005 14:27
PAC INDUSTRY FUND
15616839633 P.03/03
Donald R. Dolan is a resident of Delray Beach as he is the Executive Vice President of
the PLUMBING AND AIR CONDmONING CONTRACTORS INDUSTRY FUND, INC. with
over 20 years of mechanical association expertise including labor negotiations,
educational programs, public relations, and seminars. He also has over 20 years
experience as a Trustee for the Health and Welfare and Pension Trusts. Mr. Dolan
received his B.B.A. degree from the University of Miami. He was an arbitrator for the
American Arbitration Association, and a past member of the International Foundation of
Employee Benefit Plans Board of Directors.
Hr.Oo/191-../ Modt: w/<l-h <fL~ caLf () f (!~KJII
(b.A13U:S ) ~/Olid/l rollC!.t- 7Jtp14( fm.~.u. i {Oe
S/ It Lft Iff s.
Ihl6 q / vis h lI"Yi 11).../ /1-1..5 tCj lLf 10 etA f w%L, /..tq.:s
or 4"1tf: ?o//ciLj 7)fpR~i /i)t-~/T l7/Jd Cfltf' <]:(f-Spo/o-fs/b(//!J
'-I1t 47 tiM. h plJ / /~ fOr {ICe K'... rAat <;.
TOTAL P.03
*****
Irl5J~
DB.RAY BEACH
. , . . I . ...
AHmericaCity
, (II J!
1993
2001
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATION OCT 1 4 2005
CITY CLERK
Please rint the follo
1. LastName:~
2. Home Address:
/
3. Legal Residence:
/~
4. Principal Business Address:
information:
I/E
d/
g t:#cJ!
State
;=L,
State
14-,
State
M.I.T
Zip Code
33
Zip Code
.3 3 JCW
Zip Code
EG'IV
AtI~
~
~
~
S. Home Phone:
Business Phone:
Ifl ~u;. 333
6. Are you a registered voter?
-
E-Mail Address: Cell Phone:
IlI'I fJ 39 tPruvo
Fax:
7.
~
8. List all City Boards on which you are currently serving or have p~Y:ously served: (please include dates)
. ~Yij v,
~
10. List any related professio~ certifications and licenses which you hold;
. ~
11. Give your J?resent, 0
&8/1- ChM
mployer, an'}J;~tion: 0 tJf? tJh/Z 4-/ /tJ71
. 12 Describe experiences, skills or knowledge which qualify you to serve on tIili board: (please attach a brief reswne)
/f /e:vet!> ,c:Jj2 t/A./l s L'r~ -
;::1
e/"c)
';O9(
4,0
/'A/l
~
RE
the above statements are true, and I agree and understand that any misstatement of material facts
may cause forfeiture upon my part of any appointment I may receive.
. /'~ / Ir6<.ct1\,-
DATE I
Note: This application willretrutin on file in the City Clerk's Office for a period of2 years from the date it was
subtnitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\OIYa.ERK\BOARD\APPUCATION
DELRAY BEACH
~
rtffr
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
RECEIVED
OCT 1 1 2005
CIT~, <tERK
101167
2.
1.
OSEP-H
CiU/tr
c
l1Jlrc
City
tate
L
~ ~ State
'Je~f'
State
3. L71~de~~: I
4. Principal Business Address:
5.
Fe-
Fax:
~
8. List all City Boards on which you are currently serving or have previously served; (please include dates)
10. List any related professional certifications and licenses which you hold:
escribe experiences, skills or knowledge which qua!ify: you to serye on this board:
's apE 'cation will remain on file in the City Clerk's Office for a period of 2 years from the date it was
ub . ted. It will be the applicant's responsibility to ensure that a current application is on file.
SICITYCLERK\BOARD\APPLlCA nON
JOSEPH E. FERRER
1420 North Swinton Avenue
Delray Beach, FL 33444
(561) 276-8085
OBJECTIVE
Provide administration leadership for a commercial or nonprofit organization to
strengthen community / public image and fiscal position, through priority planning,
innovative marketing and the establishment of private / public sector relationships.
QUALIFICATIONS & EXPERIENCE
Thirty years of results-oriented experience, with expertise in the following areas:
**
Administration Management
Financial Analysis and Budgeting
Business and Marketing Plan Development
Capital Project Supervision
Personnel Hiring and Training
**
SUNSET ENTERTAINMENT GROUP, INC.
Delray Beach, Florida
1997 - Present President and Owner
* Creative Management, Marketing and Production of the Performing Arts in
South Florida, with concerts at Florida Atlantic University, Coral Springs City Centre,
Royal Poinciana Playhouse, Delray Beach Tennis Center, Eissey Theater Kravis Center
and Broward Performing Arts Center. Includes talent selection and programming,
contract negotiations, advertising development, development of all print and support
materials, public relations and technical coordination for artist's riders.
* Marketing Coordination, Advertising Development and Ticket distribution for
the Boca Museum of Art - Renoir Exhibit, 1999.
* Business Administration and Marketing for an alternative health clinic, New Port
Richey, FL. The staff included 10 medical doctors and 15 health support staff.
* Developed and produced the Marketing and Fundraising Manual for the Florida
Main Street, a program of the Bureau of Historical Preservation, State of Florida. This
manual was distributed to over 80 Main Street communities throughout the State.
PALM BEACH POPS - Palm Beach, Florida
FLORIDA SYMPHONIC POPS, INC. - Boca Raton, Florida
1992 - 1997 President and Chief Executive Officer
* Overall business and fiscal administration of a non-profit cultural performing arts
organization, including a 75-piece orchestra, 10 staff and 33 members volunteer Board of
Directors. Refined playing standards of musicianship and participated in successful union
negotiations. Supervised expansion, restructuring and adoption of new corporate by-laws.
* Developed multi-year business plans to address goals of fiscal stability and revenue
growth and negotiated and implemented fmalized contracts for local and national talent
within the guidelines established by regulatory agencies governing private, non-profit
organizations.
* Spearheaded master fund-raising structure for individual donations. Support
groups, private foundation gifts, small business and corporate contributions. Wrote and
presented grant requests for operational funding totaling over $750,000 annually.
ZOOLOGICAL SOCIETY OF FLORIDA / MIAMI METROZOO
Miami, Florida
1982 - 1992 - Executive Vice President, Director of Development
* Managed staff of 63 and a 33-member volunteer board of directors. Ensured that
the organization operated at peak productivity and conducted its financial affairs in
accordance with standard business practices.
* Fostered the society's expansion from a gross revenue base of $200,000 in 1982 to
more than $ 6 million in 1992, via development of a master fundraising structure for
individuals, foundations, corporations and endowments.
* Supervised more than $ 35 million in capital improvement projects at Metro Zoo,
including bid negotiations for construction contracts, on-site management, and on-going
maintenance programs.
* Engineered membership expansion from 1,800 to more than 65,000, and
established the Society as one of the region's premier non-profit organizations.
BELCHER OIL COMPANY
Miami, Florida
1980 - 1982 Director of Public Relations and Government Affairs
* Developed and implemented multimillion-dollar annual budgets and marketing
plans encompassing public relations, corporate communications and advertising.
* Coordinated all media contacts, operating from terminals covering geographic
area ranging from Boston, Ma, to Corpus Christi, TX.
* Acted as liaison between federal and state legislators regarding matters concerning
the oil industry. Maintained a positive and productive working relationship with
regulatory governing agencies.
UNITED WAY
Miami, FL; New York, NY; Washington, DC; Griffith, IN
1974 - 1980 Senior Campaign Manager for Fundraising / Agency Development and
Budgeting
* Developed multimillion-dollar campaigns in four major metropolitan areas,
working closely with volunteer boards and civic leaders to implement ambitious employee
and corporate fund-raising programs.
MEMBERSHIPS
State of Florida Cultural Affairs Review Committee
Public Relations Society of America
Florida Press Association
Board of Director of the Mental Health Association
Florida Chamber "Task Force on Crime"
Miami Crime Commission
Commission on Race and Religion / Methodist Church
National Association of Fund Raisers
American Association of Zoos and Aquariums
EDUCATION
Indiana University, 1974, MS - Public Affairs / Urban Planning
Indiana University, 1972, BA - History
REFERENCES
Available upon request
Bilingual - Spanish
0'-:' 11~1j05
19:09
t-'8 Ifl/O_5
WED 11:~\8 FAX 56124J.377~
CITY CLERK
r t10.252 G1002
Illon.:.t
DRRAY BEA.CH
... .. '" .. . . ~
~
__City
~'II ,!
1993
2001
l=se rio.t the foRo .
Last Namc
iofonnarion.:
D~,,,,c
Nunc F~€J)
Ci
ry D6I.A_"'y
Ciry
Deull
City
13~A. <: H
State
FL.
Saue
FL
ULB.
ZipC-<A
3 8"~
Zip Coac
33.ttV
Zip Code
FeTZ.~ ;i:.
Home Address:
<} 3"2... E".lZr .--.'"
Leglll Reside.o.ce:
"I ~ 2. E v' e C~...~
PrincLp..I.Busincs> Address:
DRI<I€"
BeAcH
Sotc
_ Hom.e Phou..c.:.:
Busme:s.s Phone;
Cen Phone,
F=
~~I 27~-" 7i'2-. 5'(,,- 7/5"-<1 03t> 5bl-'7t5 -'to30 5'>1 276 -67/
he you. ;;a. 1:.cgistc.I:cd vote..t:? If SO~ "W"hcec ;;u:e you registc.ccd? 7\
e5 ~E~~~
~c Bou:d(s) are. you mcer;e$.ted in_ .scz:viog? Ple:a.s.e list in o.tder of px:efcrcnct"..:
JJP6-#~':>.I.110'P AJ>YJ,l; C'J '. <<..
"~tJS'A ;'0,4,1,
'_ Ust ill City Board, on ~eh you 1..(0 cuue:ndy s=ing or ru. 0 pceviously seC'O'<Od: (pI=e iodndc'dato)
1I6G S4I C...,.",".",3' r'.$<r/l+ .
/"# A/),EA...~
10
,lIe
EAlG
=
U. AI Iv
1>;:' ~JtJ~lES.3E6:
.0. List any rdaeed professioruU ce.rtifi=ttons an<ilic:enses which you hold:
RE(i15T€I{€D . PttoFi!SS/O-"'K ENG/";4E~"e.. F"'~I A
SlATE C€IlTF/liEb 8U'I..D"" CONI.
ll_ Give YOUJ;..rrese.o.t, or most recent employee, .."d position:
S~I..~~p ~ "1t:,-e-Co ..s/~ ~1>,
J (}(ib,4,b- A
rL(J;i.
<:""'-0,(, - C/'J6-/,Ifiie!<,J~ AJoJD
CO'; STf.U.C-T/OIIJ
12. Dr,cu'b'" "'TcOenecs. slcills ocknowleJg.. ~& 'lualifyyou to se
;: c 5' . ....,...
e 00 this board: (Please atuc:h a brief resume)
( bucbr certify dl.at :all the above sUltemeo.lS a'Ce ((Ut".., -and I agree ...nd ua.dea;ta.o.d du.[ any tnisst:a:c~:ncnl:: of m<l.tcibl. f'aCts:
c.onCi.llied.m this: :a.ppliairion rn.a.y GlUSe focfciCU1:c upon my part of"Wy ~ppomana.l( I ma.y (e<<'ive...
SIGN~~ L3. <:J+ DATE 0& /'1 /U>C~
'c This appliootion .""II remain on file in <he, Ci<y Clerk's Office for", period of 2 yeus from the <bee ie "'as
submitted- Ie will. be the appli=c's rcsponsibili<y to ensure that... currenc application is on. file..
_ ~"\BO~I'UCA'tTI:>tl
08 11 ~05
19:ng
IIU.~:>~
f.,lljlj.j
FRED B- FETZER, P.E.
9J7 Evergreen. Drive
Delra.v Beach. Florida 33483
(561) 715-9030
(561) 176-67/J
fbfdUt(ii}bellsnuth.net
OBJECTIVE
To obtain. a challenging position s~'ing {he communii)' where m.v extensive administrarive., manageJ'iaI and
rc-chnical skills will be -utilized.
QUALIFICA nONS
An .;:rperiemced professional who is dependable, !,e((motivated, flexible. committed 10 senillg high standards of
ethics and pelformarlce. and williTlg toM'ork hnrd to achieve aggressive goals.
WORK EXPERIENCE
Nov_.1989- BdlSourh Tdecommunir'atioflS. .Inc.. Millmi. PloriiUJ <<mi P14nt4tion. Florida
July, ZOO:1 Director- Engineering and Can.<tJ'uCfton
Directc:.d lhe operations of the Outs;d~ Plant Engineering and Confi;trucliol1 organizations/or'
Nenvork Operations Divisions in the SQurh Floridt:, Area. This inclu.ded responsibiliiies for
de....ign a'ld COn.$truc.tion l.?f annu.al Construction Programs averaging $40 10 $50 million per year
ye,u. ConSIruction Programs consiSled of designin,g and cOr1stni-Cting telephone TU!tWork
faciliti~ includingfiber optic cables. loop e/eJ..:rronics and copper basedfadlities. I J1..'uagerl
250 ro 300 employees (7 Direct report,~:J in my organization. including Area Managers. Project
}"1allager.'I, Loop capaciry managt!.rs, Engineers, Conscruccior, Su.pervi,wrs and field technicians.
Retired from Be.l/South on ./uly 31. 2002 with Q\'er 32 years of service.
Feb.. 1987- Southern Bea Tetep'''''''''{ Telegraph C"rporQ/ian. Sunrise, Florida
/1101'.. .19119 OperQtUm. MQnager-Ftofida Network Support
Dir~7fed the operations of th€ Computer Main.tenance Centers in Sunrise, Miam~
and Jacksorwille. Supen,f.jed l,'cu;cms Network Support Sysrems and Centers including
statewidi! network monitoring and maimenance. darabase managemettl and informarion
technology (IT) support. This "~'as a starewide liNe organizaliolll1'irh appro:x:;imarely 250
employees (9 direCl reports).
Mar.,1911]'- Southern Belt reIep',a,1e & Te/egr<lph CorporQoon, Miam/, Floridll
Feb., /987 District Engtneer
Responsible Ii)T managing the Outside Plant Engineering Di.m.icJ and Loop Assignmel11 Center
for the northern portion of Miami-Dude CounZy. Directed Engineering and Loop Assignment
Center u'ork groups in the plmuling, design and provisioning olnetwork faciliries (incl14ding
I Was' responsible for the engineering and manag€menr of an annual CO/1Strw:JiQN Budget 0.f$20 to $30 million
inthisposirion 1 had appl'oximate~v 100-/!0 subordinate employ.tes ill this organization (8
direcl reporrs) ind1.l.ding el1gineers. supen'isoTs. drqfting clerks and other cleri("Al sUppOrl~
Sept.,1979- Southem BeU Te!i!phone & Tekgraph Corp., At/4nta. Geargill
MQrch,1911:1 DidTiclScaffMllnager
This was a rotational assignment on the COI1,pal'ry Headqua.rters sc'?/J. 1 was respoMibJe for ~uajf
support in. tn(maging and adminisIering Sourhern Bell's Nerwork COftStruction Program for ihe
four stale regiON. The: Capital Budgel associated with the Network Construction Program
averaged I)ver $600 m.illion. annually. [had a staffol/O employees iu this posiriofl (including 8
Engineering StaJI fl.1anagers .who were direcr reporlS).
LJf:: 11 ~IJL1':,
l'::I:U'::I
tlO.252
{;lOO,"
1pri/. /97.1- S,mtllu/I Bell Te/ephOlJe &0 Telegraph Corp.. Plantation, FL and B(lca RatOll, 1"L
SepL. 1979 SupttfVuing Engin.eer~ J~lan.fQrio" DisuicVAr€4 Manager-8ocil Ra.ton Dist,ir.t
Supen:i<;ed (h.tl:'1ide fla1tC F(1ciJi~v design groups in {wo Sourheasl FL Dislricrs. Responsibililith,;;
included supervising Jesigt'1 of networklndlities, curre,J( ilnd long range planning. In {his
po.\ilion. f was resporLSible for managillg annuaL consfru.CTion budgets of$/Oft.' co $/ lA-I (md
supervising a _Hqjf ] 5 to 20 e'lgineers and clerical support personnel (including J 0 to J 1 direct
reports).
Ju(V.1970- Soutltem Bell Te1eph<me do Tekgrapll Corp., F/JVrt4lion. FWrlda
April. 1973 ElIglneer- OWside Plant Desigrr
Responsible for de:.'ign of Outside Plane (aSP) jacililid for a geoW'ophic area (southwescern
Broward County). These responsibililies included design engineering and C!i.rrenl planning.
J hud '10 s",bQulint~eJ" ill This posilion_
July, 1967- Munin Marietta Cqrporatlon. Orlando. Florida
Julte. 1970 ElI.g;"ee'~ Tht!-Fmodynamic.t. Section
Rt!.)pons.ible for design engineering on missile defen..u .5..vseerns through U. S. Government defense
c.()JJlracCS-_ Responsibiliries included thermodynamic analysis and desig1l of missile componen.ts
and technical writing. I had no subordina1t:.:s in chis pO.:iicioJl:
EDUCATION
UNIVERSITY OF TENNESSEE.I('lOrville. Tf!IlIJessee
8.S, Degree in Mechanical Engineering
PROFESSIONAL LICENSES AND ORGANIZATIONS
Registered Professional Engin<:er in rhe states of Florida an.d GeQrgia
Member of the Narional SOI..-:iery ofProfessiona[ Engineers
Member of the Florida Engineerirlg Sodety
Scate CerTified Building COnP'aClor~ State of Florida
CIVIC INVOLVEMENT AND E..J(p1:.LUENCE
El~ceed co the ell)..' COlLnci/ in Wilton fl.,fal'Jors.. FL in /973 (md r'e-electedfo,'! additional 2 year- tenus. Served as
City Council President for 2 years. Appointed by the Broward Counry Commission lO serve on ch€ first 8raward
Count)' Planning Council during this period Resigned council seat in } 979 due to II job rranrfer ~v m)' company ro
A.llan.m.
Pre.Si!.nl(~-' serving (Lj Presidenl of.Tropic isles Civic Association in De/ray Beac,h (eJected in F€twuary. 1003).
Graduatedfrom the Defray 8u4Cn Resid~"LS Academy in April. 100-1.
Pres~'Jllv serving on the. Board of Consrructioll App~alsfor ehe City C?fDelray Beach (appoinred by [he City
Commission ;', 2003).
Pn!se11l~V serving on rlu:! City cif Delray 8eai...--h Neighborhood Advisory Council (appoin.ced by the City Commission
in November. 1003,1. Currently serving as Second Vice Chairman o/this board.
Pre..(',ent~v serving 011 Mayor Perlmw1's Race Relacions Committee in Delray Beach
Presenrly serving as Secretary/Treasurer of the Board of J)irectonj o,fTropical Financial Credit Union (TFCU},
Se,,,'ed as a member l~llht$ Board ofDirecronjor over]9 years (including 3 years a.... Chairm.an)_ TFCU is a S.oulh
Florida basedjbumcillJ servic.es organi:z.afion with aver $650 million in assets,
09/21/2005 10:24
Arr,J'. DO~,.J'A
DElAAT BEACH
. ~ 0 . .. .. '"
51',17503832
Of..,LIJ LA
MAR BELLA
PAGE 01
* ... ... ...- *
-.
'lllr
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please e or riot the followin information:
1. u.st Name: Fa R E:S T
2. ~7:'OAd~E.eWOo-o 13uIO
3. Legal Residence:
SllfYIt
4. Princip'a1 Business Address:
m~f:,.I..Ltll CO)JOOi\'l/lJil.liM AJJ\). (Nt.
;<5~ S DC€.AN 13LV 0
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: 56) - Fax:
~/-368 -.:2.8~' DFoIl.56 ~".~. 7/-5801l', -J/9/-'i91
6. Are you a registered voter? If so, wh~ are you r~ered?
E~ - PJQLJ1;1 C/J 0 J.JTY
7. What Board(s) uc you interested in serving? Please list in order of preference:
""'M LJ Co E 0
Name M.l.
.::r
CityD Zi Code
3
City Zip Code
City State Zip Code
BOCA K tfill.,J J:L 331./32.
8. Lisr all City Boards on which you are =tly serving or have previously served: (please include dates)
~ VAJIV{I... 75o~ "",4 ~
MS /,,""" /
~(rTO!.S
L rn A~ Af1.(.jL
Note: This application will remain on 6Ie in the City Qcrk's Office for a period of i)"ears from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CTTYCLEIQ(\BOAIUJIAPPUCATIOI'"
09/21/2005 10:24
51017503832
MAR BELLA
PAGE 02
Carl :1. Forrest
3140 Sherwood Blvd. Delray Beach, FL 33445 561-49B-5078
PERSONAL INFORMATION BACKGROUND
PROPERTY MANAGER: (20 years)
I have been a property manager for over twenty years, having to deal with many situations dealing with
people, problems. and unusual situations. With a strong background of problem solving by developing
solutions and alternative answers to both difficult and normal situations.
PALM BEACH COUNTY JUVlNILE JUSTICE BOARD; ( 3 years)
Evaluated juvenile5 who committed misdemeanors and felonies (first time offenders) and worked to get
young people onto the correct track of life, by reviewing the crime which was committed in a face to face
meeting, trying to explain why the crime was committed was wrong and developing a reasonable
sentence for the juvenile; be it publiC service, or other and the amount of timEl to be served. This was
then presented to the Attorney General's office for review and action.
MASSACHUSETTS BOARD OF ARBRITATORS: (7 years)
Served as an Arbitrator for the Massachusetts Lemon Law having to do with vehicle problems between
retail customers and vehicle manufacturers. Function was to evaluate the problem(s) and determine if it
was a manufacturing problem or one caused by the consumer. Once fault was established, to come up
with an acceptable solution for both parties.
NORTH CONWAY NEW HAMPSHIRE POLICE DEPARTMENT: (6 years)
Served with the North Conway Police Department (1969 - 1975) as a "Specia, Officer"; ( a functioning
police officer with full police powers, but only on a part time basis, less than 30 hours per week) My
background as a police officer gives me the insight into how an officer thinks under stressful conditions
and at the same time allows me to understand the public reaction to many situations.
MASSACHUSETTS ARMY NATIONAL GUARD 26Ttf DIVISION:
Served in both the Infantry and the Military Police branches of service as an enlisted man and an officer.
This training gave me the ability to follow orders, deal with numerous life and death situations and to act
out and follow defined plans of action.
SUMMARY:
Based on my current work as a Property Manager and my background in Law Enforcement, Arbitration.
and my background as an executive business person owning his own businesses in excess of thirty
years, I feel that I am well' qualified to reside on the Police Advisory Board and to work with and help
develop excellent techniques and procedures for the Delray Beach Police Department, which will help to
develop excellent community relations and good understanding between the Delray Beach residents and
the police force. '
1993
2001
1:2 .2005 10: 30Hf'\ P2
9j;?/07
E,\\JE,O
CITY OF DELRAY BEACH ~E,C n'i
BOARD MEMBER APPLlCATION:,t.? \ 1 '2.\\ v...
Cf'\"'( C\"E.\'\
FROI'I
CiEP~':;Hll
FH>< liD.
S~, 126607-l6
':;;ep.
DELKA': 8 ~A.C,"!
~
iiITr
P~easc type or print the follo~v.iIl~ information:
11. LmNamc: ~,q,Ic./O..!lr
r2 HJrnc AddIe,,, q E fiE"" ...s77t ecr
J ffl\1~
~IZ.II-I cI (Ce~"e0
Gtl' ^ Sea :-/
. ~L;( '-
City
NalTIe
Ni. r. J.--"
,
i'J.
Legal Rt:sldcncc.:
Srate
4. Principal Bu~iness Address:
kn~d
~b;(2t;:';~;J 1"";1; Phone;
. (,. 1\re you a n"gisce.reJ vocer?
f~-----,---. .
: 7 \'(1)4t Bo:.uJ.(::;) <:Ire 'i'-:lU 1ntc_re~te
City
State.
Zip Cod"
! oL/::"e-
~. List all City Boards on which yon ace currentl, sC'J.:vmg or have previQusly sCLved; (please include dates)
[:E-MaiI Addre;.: Cell Phone: -2.z __ Fax:
.(, / ;>-/6 T~..l.,J
fk~t/c-/()J""1k-z ~(._ c,. "". .st,/-").(, -v~
. If so, when:. are YOll regtstcred?~~.,., ~~
se:rving? Please li~t in O'rxlcc of prc.fcr~ce:
" ~
9 EJu<'~iitional 9u~;J.ifjcatiollS;
~~....rT~
10. LiS! any related professional certific..acions and licenses 'which you hold:
/.2:-:r., "'1 iii'
11 Givc: YOlli" pLC':'>t:nr, or rn,ost rC:Ccllt cnlpl()Ycr~ and position:
--~~.
..;J6t /tIr I1-c MnJ
'----
12. heseribe <xp<ricncces, ,kills O( knowledge which quali!'\" you to s<rve on thi, bo,,,d: (pIe.." .Itaeh a hrid rc;;~,eJ
,tll rh.- :JD.:'v,..-,r,H(,m..;:n[." :il.r,. Q-U<=, anJI itgrc<:: anJ lmJerstand
. pljcaQon m.'l.Y (.~ausc forfeiture: upon my p<u.'T of any a.ppointm
r any n1isst:a.tc.m~nt of 1llar~r:ial t~cts '
I may receive.
0: ~(/.r--
'carion will rCI11ain on fue in me City Clerk~s Office for .a pe.riod of 2 Y(:~rn the date it ~-a.s -
<.1 It will be me applicant~s rcsp(JQsibiliry to ensu're that Ct cur:rctlt applicatioIl i~ 011 file.
:i\(:ln("L8lK\flOAi:.r)Vl.P~I.r<:^rl<)N
FF..CiJ.1 C1EF'-'~,HII
FH>: 110.
5r::,1~t:,b07-tb
'=;ep. 12 2005 10: 31Hr'1 P3
Gerald Peter Franciosa
939 Eve St.'ed
Deh'ay Beach, FL 33483
Home phone number: 561-266-0608
Cell number: 561-116-7355
Fax number: 561-266-0746
Em.il: fnmeiosa4delray(.@aoI.com
- GeNan2(Q).aol,cQIU
QllALIFICA TIONS: Over 35 years of investigative experience.
SEQUENCE QF EMPLOYMENT 1965-2000
FALL 1965 / MARCH 1970-Licensed Private
Investigator, City of New York, self-employed
licensed private investigator also licensed to
carey a firearm.
MARCH 1970-JULY 1973-lJ.S. Customs Agent,
assigned to the U.S. Customs New yo,'k City
office.
JULY 1973-JANlTARY 1998-Special Agent with
the Drug Enforcement Administ!'ation, with
special assignments to US State Department.
JANUARYI998-JUL Y 2000-Private Investigatol-
Self employed FloridalNew York licensed pl"ivate
investigator working on a myriad of
investigations.
JULY 2001-FULL Y RETIED
SYNOPSIS:
I gl'aduated college and received a degree in accounting and economics. I was hired
in ] 970 as a special agent of the U.S. ClIstoms Bureall, Department of the Treasury.
During my tenure as a Customs agent I conducted a mydad of investigations
ranging f,"om backg,"ound investigations, Customs fraud, smuggling, internal
investigations of Customs employees and narcotic investigations. J was also involved
in training: new personnel.
In July 1973, a Presidential decreed established the Drug Enforcement
Administration (DEA) to C'ombat ol'ganized crime and narcotic t"amcking, I was at
T
FF'Or'] CiEF-u:,HII
Ft'i:< 110.
5612~,60?-lS
'5;ep. 12 21.305 10: 32Hr'1 P-I
that time laterally transferred from the U.S. Customs Bureau to the Drug
Enforcement Admini~tration, which was part of the Department of .Justke, as a
special agent. I remaine~ official.Jy with DF-A until my retirement in 1998, During
my tenure. I conducted mayor investigations into criminal enterprises involving
organized crime, high profile narcotic violators, money laundering. and fraud. I also
conducted internal, background, and a~~et forfeitul'e investigations. I was involved
with the training of several foreign llolic.e agencies in areas of investigative
techniques, interrogation~, firea"ms training, use of force and establishing police
policy consi~tent with thc.ir foreign govcl'D.ment laws and regulations.
A WARDS
I have received over 40 awards during my career from various US }'ederal agencies,
including the 1983 Attorney Generals Award for distinguished service. I have
received over 30 awards from foreign government agencies and over 25 awards
from various State agencies.
AREAS OF SERVICE
T served the United States Government as follows: 1970.1984 New York as a special
agent, 1984-'1988 Romt', Italy as an assist.ant Country Attache, 1988-1992 at Boston,
MA, as " supervisory special agent, 1992-1997 at Curacao, Netht'rlands Antilles as a
Country Attache, 1998-retirement at the DEA Headqual'ters, Wa~hington D,C.
INVESTIGATIVE TRAINING:
During my investigative career with the Federal Govemment, I received numerous
training in investigative procedun's. I attended the Department of the Treasury, law
enforcement training facility in Washington, D.C. and the Department of .Justice
Special Agent law enforcement training facility at the Marine base in Quantico,
Virginia. I also received numerous other investigative training during my Federal
Law Enforcement career.
EDUCATION:
I received a degree from the City College of New York, majoring in 9.ccounting and
economics.
BIOGRAPIDCAL DATA:
DPOB: Octobct. 25, 1943, Bronx, New York
I have resided in Delray Beach since 1999. I am married to Sandi since 1963. we
have three children and two grandchildren.' '
I
1993
2001
f c5JtJ/61
CITY OF DELRAY BEACH
BOARD MEMBER APPLlCATIOIf=CEIVED
SEP 2 0 2005
Please e or rint the followin information:
1. Last Name: ,.,
t50LD
2. Home Address:
/'ii'r'7 Du.d /)rill~
3. LegllI Residence:
Sa....,~
4. Principal Business Address:
S-~'is '(Own ~~..-k-...t<oo.cl, .fu.* Lo/
N=j54 VI/)
City
I y Beq<-l,
City
State
c...
State
1-1
Zip Code
..s3'1'iU
Zip Code
City
~ g,..fr,.,
State
;::L.
Zip Code
33 'I i? b
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
!Sbr-,)7'r'-G,oU 5br-7'fl:..o'l[fK;;l. oI:Jd(d~cI~..b:;clJ.o. . 570""~7H06'1 ~~:;",:';~r:7
6. Are you a registered voter? v If so where are you registered?
res .
\lI\C 0
7. What Board(s) are 1.ou interested ~erviog? Please list in order of preference:
rpo!ic.<t, VUe.. fS:,Q vd
8. List all City Boards on which you are currently serving Or have previously served: (please include dates)
c"1 fL
9. Educational qualifications:
. 1J.
w"..+/.,,,,,a...~ Cr(~ l:..
10. List any related professional certifications and licenses which you hold:
fc,Vi' Itce S-e a. tr-c)v €
" r
SIGNAWRE
9-('f-oS-
DATE
rr
CI~/)
(71jz
uo( fir
.,.&. .
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S'CITYCIJ!RK'.BOARD\APPlJCATION
---rn
DB.llAY BEACH
~
AI 1:.-....."
'tllt
1993
2001
RECEIVED
CITY OF DELRAY BEACH OCT 1 1 2005
BOARD MEMBER APPLlCATIO~ITY C,!:RK
/ojl fCJ
2.
SA.,,^b'
M.I. ~
sR Zi~de
C I12CLE 3 5
City State Zip Code
:SAME 1\ "
City State Zip Code
5A.Wlr= II I'
1.
3.
4.
S. Home Phone: Business Phone: E-Mail Address: r.:-. Cell Phone:
..J ~ 1,(1-{ '0 544-5 ~
C-,3B ~5~8D 5t>J..AE'" 6El-LSooT\.-\.t-(ET -
6. Are you a registered voter? \( I: 'S If so, where are you registered? PALM
7. What Board(s) are you interested in serving? Please list in order of preference:
Fax:
BEAC-H
+>c>UCE. ADY~5o~ '-l Bo A@
8. List all City Boards on which you are cum:ntly serving or have previously served: (please include dates)
NoNE-
9. Educational qualifications:
E:~tf4G"5QIt-j<.i (..1~lJ.:SE ~E])lJ<:AT1D~ 65. MAtLKEiI\4(- MI3A
MS\.HZWI- OR6Af..1I'ZAT\ONAL- Qs'l~YDLo{.'l K'E:t-.!~WA,L
10. List any related professional certifications and licenses which you hold:
PQc~E::S5\ONAL E~H-{GEQ- MEC+tAN/<?AL
~EB. '2005
~LA. PE 15~tq
11. Gi~ your present, or most recent employer, and position:
~ Q S6~ &(Z.PoR \aN - AS-:if
\I2.Ec..\C~ O~ '00E:~\\aNS
A ~AMIL" {..(EAVIL-'{ \1I-t\J'OL-V@ (I\f LAW ft-.!~e€NI -r
. s application will remain on file in the City Oerk'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'CITYC'LEIOOB(AJtD\APPLJ('ATION
DElRAY BEACH
. .. .. . . . A
*-r***
ifiir
1993
2001
CITY OF DELRA Y BEACH /13/ t'1
BOARD MEMBER APPLlCATIO~E.C\::.\\IE.O
OC1 - '3 tllllS
crr'f c\..E.f\\Z
M.I.
information:
State
PL,
State
Zip Code
-s~'i
Zip Code
4.
State
Zip Code
L O(A~ . fJ
S. Home Phon :
Sed L/ r C7 .-Iri
6. Are you a registered voter? ,
33 t.{<(.3
ell Phone:
.S- (, I
70 (, -~0
If so, where are you registered?
/-0
7. What BWd(s) ar~ you interested in serving? Please list in order of preference:
~DL .
--:3wO
8. list all City Boards on which you are currendy serving or have previously served: (Please include dates)
Jl/O I
9. Educational qualifications:
to. List any related professional certifications and licenses which you hold:
.s~'-<./
rJps b Lt.SC c..J oj:: Ih",
61Lv7h It. }..OD P- G 1. Sd . I . ,oR
I hereby certify that all the above statements arc true, an.d I agree an.d understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of an.y appointment I may receive.
C; - ,jL ~- oS-
DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 y= from the date it was
submitted. It will be the applicant's responsibility to ensure that a cuttent application is on file.
S\CITYa.BRrIBOAlWl.APPUCATION
JOSEPH A. INGRAM, JR.
HOME ADDRESS
3324 Chatelaine Blvd.
Delray Beach, FL 33445
(561) 496-1594
OBJECTIVE
Seek opportunities and strategies to become a valuable asset to the Company by
Performing at an optimum level
EDUCATION
Graduate of Trenton High, 1974 - Trenton, New Jersey
OTHER COURSES
Computerized Bookkeeping - Academy of Professional Development - 1993
Ewing Township, NJ
WORK EXPERIENCE
2003 - present Crowne Plaza Hotel West Pam Beach, FL
Banquet Captain
. Supervise servers/set-up persons
. Prepare invoicelbills
. Guarantee BEOs are properly addressed
. President of the Safety Committee
1999 - 2001 Pathways Delray Beach, FL
Intake technician
Assist Clients upon admission
1998 - 2003
Marriott Corporation Delray Beach, FL
Banquet Department
. Set up, prepare and maintain breaks
. Prepare buffet set-up
. Train new employees
. Lead Server at all functions
. Check BEOs and confirm menu/instructions with the kitchen
COMPUTER SKILLS
. Working knowledge
ORGANIZATIONS
. Provides sponsorship/counseling to individuals of substance abuse
. Chairman of the Christian Brotherhood ofSt. John.
REFERENCES AVAILABLE UPON REQUEST
ORRAY jlfACH
~
AII-Ameril;aCity
" II ,!
1993
2001
(dID/OJ
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLlCATIOItCT 1 0 2005
CITY CLERK
infottrul.tion:
V.c.#t~<
Name v4~~ MI.
.
City State Zip Code
/J~ FI
City State Zip Code
City State Zip Code
1.
2.
3.
4. PrincLpal Business Address:
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
>,1- 7l>b...]
If s013where are you registered?
"., . . t:!. i!J "
7. at Board(s) are you interested in serving? Please list in order of preference:
;J6>A~.e.
.
8. List all City Boards on which yo arc currendy serving or have previously served: (please include dates)
E.~
9. Educational qualifications:
u/'/k
eN'C
. 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief reswne)
.vt -
I hereby certify that all the above statements arc true; aIld I agree and nnderstand that any misstatement of material facts
conb.ined ih this applicatiq ay cause forfeiture upon my part of allY appointment I may receive.
/&-/~- ~!>"
DATE
Note: This application will re.nuin 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\CJTYct.BltK\BOARJ.'JV.PI>UCAnON
c::!.~~7l;,~t!lJti,.v .,4.Dn1 ; /~~ %:15/;:1... .
h4Y-e., h4d e~"SfY-e.. eJC,P<",.,"e., e~
1" W6ye",Q ~;<M) 4ntd /I1i!1n~?,.,:/ ~pk
~ 7e:.s.,..."t'eS. Z a/D7KeeY fr- ~-e.....
TM.e.vr ~..,L e... ,....."1!' et-vYlP .,t'or ~ ~"-s
--M 7i:; ./ .J'e'7'" e q,.,-t" . /
.2:' ." ~-e.. uS; A;r r4?~~ 4- .:16 ~_16
&,d /.:L ~~ A,.y ~"'-e..s: .f-
:M 4 -eM-t:. :z A/~.q ~ ~
r'~ ~ ~O~~ $"dDO'/ s~S'~~ as ~
,
~~h...,....- ~...... I~ ~.,s.
.A;J1 dC4~~: t:. /lnd
.Q.?d~-c. Z ~e-/ #..r Z
4'~ If2~Se~ ~ ~5 .6otfTd'-
a/n-/d'/,?
'"
W~c.'/~
k m.
~
Please tint the follo .
1. Last Name:
infortrultion:
IY~
o
S. ~/v,
CITY OF DELRA Y BEACH OJ 1',().? If <$'()
BOARD MEMBER APPLICATION l'y O( <'QQ,f
V~~
~UtZ,
Zip Code
3
Zip Code
Name
1'10
111M
13zM.fJ
DElRAY BEACH
. ~ 0 . I . ..
*****
rnm
1993
2001
/<tffi-{t'V\,
238f~dmsftiYtL L-~ /2p/Il)
3. Legal Residence:
:;; -f7-1"'\ z: TIs /H!,d II ~
4. Principal Business Address:
.5 /rfl1E- IJ5 ~dL-
City
City
State
Zip Code
1-63rt-?6Yc.;
6. Ar.e you a registered voter?
sbl-2-78-3Y8b
~
Cell Phone: Fax:
1-~r-.J32:b
5. Home Phone:
Business Phone:
E-Mail Address:
7. What Board(s) you intere>ted in serving? Please list in order of pref9jen. ce: ,),
p LI c.. r.- f}D tll.~crrz. 8fl .<1 '1 fT' .8" f9-f2-..l.J '
8. List all City Boards on which you are currently servirJg o;.j:ave previously served: (please include dates)
. /V~ ~
9. EducatiotW qualifications:
{}-
~
10. List any related professional certifications and licenses which you hold:
~f1-
, FL 3' (PlY
12. ~cribe cxp 'en
o
Jl
.A.-<-
I hereby certify that all the above statements e true, and I agree and nnderstand that any misstatem t of matctial
contained in . appli,"" may cause forfeiture upon my part of any appointment I may receive.
IL;. (' .' 9/Z--f'/as-
,
SIGNA1URE
DAlE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CfTYCWRK\BOARD\APPUCATION
Oct 10 05 12:3Sp
p.1
DELRAY BEACH
. . .. . I .. ...
*****
A1J.Amer1ca City
, , II t!
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
Please t"pe or Print the foUowin". information:
1. Last Name:
KAy
2. Home A~dress: I I
.J.S?I ffl4tt1IJT~"
3. Legal Residence:
.51tM~
Cie~.. N.,.fi.t.
Name m,i~'l (tl'Iic..K~y..)
City State
. ])e/rAj I3c4dc. F L
City State
M.Le
Zip Code
33~i'.s-
Zip Code
4. Principal Business Address:
City
State Zip Code
-
-
- -
-
Fax:
'1S",,!-3(,O-"';.1.
5. Home Phone:
!i'f,I- 495-1<8 4f8
6.
Business Phone:
~S'l-3I.O-/'7oo
E-Mail Address:
HkfJtl #) tJ,14.fl..Guir. Con
Cell Phone:
Are you a registered voter? y ~5 If so, where are you regist' red? I1WbI &/1. eiJ a.
7. \Vhat Board(s) are you interested in serving? Please list in order of preference: () J ~ 11_ I' ":2 _ J
fD '''''& !-Tt:1f/l/.s,>I''/ AV/1Q.,"l
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
9. Educational qualifications: r::l.. S at l:::': .
/.:).. t!ilf'tt' C(!DnOMICs.
10. List any related professional certifications and licenses which you hold:
11, Give your present, or most recent employer, and position:
A~~a.. GQlf 7('(J.n5f~r~ rite. i V:c".e PI't!'.S. S.4lesJ'MlfN<<-f1"",
12. Describe experiences, skills or kno:vled~c wh~h qualify you to sJfve on this boa;-~: (please attach, a brixf resume)
.5e,."cd ~n I3lJtl.rtl d 7),,,,,,c7-,,1'$ (rrec.sI4.I'~1' } rt~,JoW'.e Ht:lll'liU>u)nC/O-'.S, ff'l5li<f.
])...jl't4y'But:IJ ~sid~i; Ac:...a.4h1y, '1nttl, .20D:l, 0kl/~I'ft>,';';,~f-~"t"J I-bfA,A&lk" U
S",+"""ST I" ..s-&-vinr t~~ c,'iy.
I hereby certify [hat all th: ab~~ statements are true. and I agree and understand that any-~-;statement of material facts
e01~1'~1-'J~lic1jz'cause forfeiture upon my par' of any appoinrment I may receiv~
/ 1/ F ,--)- / _ 10. , ~~..:9>
$JGl::f'ATU~ DATE
Note: -nus application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current appl1<:ation is on file.
S\CITYCLEJUCI.BO,-RD'APPLlCATlON
811/19/0S' liON 10;1$ FAX 56UU37U
.~. -+O~ \JQV\;<:e
'IllIl
-/9"Is
2001
CITY CLElUl:
C ol::Jb'
lllJooz
9//1;;;__
CITY OF BELRAY BEAt:H
BOARD MEMBER APPLICATION
-mfnrnuoiioa::
RECEIVED
SEP " 2005
ITY CLERK
},{ I (.:)
. - Code
....' 5"
Zip Cod..
331-45-
"ZiipCa&
\\J r
.E.M.:iI Adares.: CillPhonc
. (~ W:.i\crR€:oJell-w".
State
. FL-
St#te
\\l1I\ .
'F=
7.
6.
.9; li~~~ l:".l. i. ~.n. ~~V'l"~~ 1\,' l
- ('J, 1\"". r--Ll::LL~-0"tJ'^ jIV\./\.
. 10. listarry ""-d prof.."sit~i4;"~~ 1\J1dl~ whid.YI><lhold,
." 11... ~~~-orurostn-.<;ent~. _. Ilodposilioo; LJ C " ...L r ~\ r! 7\
. . ~, V.e. 'I. 0, V8-tt.h9:: ve
~;C l'-t1"UIS - f. -y Q-V-"\{ \ d-i. f" zJ
'~~4:iIlsorkno . ~~y-(".,"~lhls.tD..nf(Ploooe-~..bri<-fCe.~ .
-{'S\cS~\~ N- C.\.r--()..hln,,~~k' ~\ Q.tS'" t:.,od"'Jrn -1^JvY-\L.~d. - -L-- rd' ~-e... 0 I~. 5IJ
It'll. 'vtA-W\, ;~ . de.V\.\>:'Ni'A3^'u<;.-'S t- "?<.:A',ce)wilYlw:V.oo." fCOc.Qka.vul \;io(i~O; 1
I .. l' i ..'.. . .'. \J.J i'I'R<'to-ud;y.......:. ~_ 1'\,,-,
' -I.k~ W\~. do...v \ t:.iv.~~(ly<>-t 'yV (l.1fY--'5 <<'. * \,u Cock c v
ccaili'u-.n aoo..c... =......~T"ll'..;.:.--.!.th3t """of . . nCD
..~. .ill'bis"~7:-. "fodi:i="P<'Dmrp_()f=Y.~. : .'Iarzrrecer.. e.
~~)v/.Jt~j}_. .'DA~~(I~
~. Thio "PPlico'bnwill~ on'liIe-in d.e CiryOerlr:'t OEE.x. f<ln p<:riOOn<f"Z y= 1iou>. tk.aUo R "'25
. 3tdxnltted.It"'iIlbe.ne~. """POmibility "'" ~".rJ..R "'~"l:'P/iQ:1ioni...... &.
~~
II) ov luu d
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HI 3S,ljd
"BIll Il~S'11 H
;:L;:::,~Lt:9TgST
LE:60 SOO;:::!6T/60
DElRAY B'EACH
.. '- .. . . .. ...
*****
q-/~-[)7
CITY OF DELRA Y BEACH 0
BOARD MEMBER APPLlCATIO~ECE\VE
SEf' , 3 1.11115
crr" CLf-B.\(
AII-Americ:aCity
" II I!
1993
2001
Please riot the follo
1. Last Name:
infonnation:
oeb
Name
M. I.
2. Home Addresl
3. Legal Residence:
\fL,
City
\~
E-Mail Address:
Cell Phone:
State Zip Code
---c" ~
State Zip Code
4?t- ~tj3J
Fax:
City
/~
4. Principal Business Address:
/,---
City
5. Home Phone:
(L~
Business Phone:
~~
6. Are you a registered voter?
'lol-II".:!.....
If so, where :u:e you registered?
7. What Board(s) are you interested in serving? Please list in order of preference:
8. list all City Bo:u:ds on which you are currendy serving or have previously served: (please include dates)
<;.,
9. Educational qualifications:
~f'>r-~ V1~\
?'I
10. List
CeQ..'\1 ~ ~A-Ll (f0aNl(li..-
11. Give yow: present, or most recent enlployer, and position:
Oll CR-..
1..0 ~
. 12. Describe experiences, skills or knowledge which qualify you to serve on
facts
SIGNATURE
DATE
Note: This application will on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It willlSe the applicant's responsibility to ensUJ:e that a current application is on file.
S\OTYa.mtK\BOAJIDIAl'PUCATION
DEUlAY BEACH
~
'Iur
1993
2001
~EtEIVED OCT 21 2005
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
Please
1. Las
information:
M.1.
2.
3.
City
State
:;(.
State
Zip Code
33 Sf
Zip Code
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
lVu.e. LftK.~ tJote..7?f
Business Phone: E-Mail Address: Cell Phone:
FJ... 33 6/
Fax:
6.
GYd~
7. What Board(s) are you'
VISd)',
8. List all City Boards on which you are curIe y serving or have prcyiowly served: (please include dates)
8oC<.J(aP .
&-P~.& J:;kt
~j)
10. list any related professional certifications and licenses which '"'' I ,,,ld:
~ ~f c!en--l: - /;-A e- Cd"'-
11. Give your present, or most recent emplo er, an
...,
position:
,!lA.
r~flc(~-f - fYlQ"V
.
IJ
1 j.) 3-f1Ju-;:f;.o
you to :"CtYc OIl \ his board: (please attach a brief resume)
1-:13. ~~ ~l ~ ;:. u. (~{.J ;])/Yec.../rK,/, fy€St' d
I hereby certify that all the above statements are true, and I agree and HIldc1 ~L\nd that any misstatement of material facts
contaillod:1li this application may cause forfeiture upon my part of a11\ arpt 1111 ment I may receive.
/. ~ 4 IO&/~
SIbA~-6. (_______ I) \ TE ;' - '(
Note: This application will remain on file in the City Clerk's Oftlcc 1"1" " period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure linl ,I current application is on me.
S\CITYCLERK\BOARD\APPUCATlON
Sep 15 OS 09:22a
Major-Hanna
561-278-1822
p.2
09/14/05 WED 11,21 FAX 5612433774
DR."\' BEACH
~
;( IIi!
CI lY CI-E1YL-
1lJ002
.- -~--,_..~.
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
1-/-:';:- D /
1993
2001
Please e or riat the foll
1. Last Name:
r>1.o
2. Home Addcess:
S'Do
! 3. Legal RcsicIeneeo
S8"o Sh
4. Princip2lBusiness
Lve<-
Name E. l ( e.-rJ
City f'.- . J .
VJl..J. 1-0..
City
bJ,...,c;, f?<!....Ci...
City
MI.
~
5S:
5. Home Phone: Business Phone:
SG,t -)., '1Z'-I&1.. ~~'-&
6. A= you a registered vot>er?
..s
7. What B()a[d(s) arc you interesced in saving? Please list in o~ o~ p~f~enl;(;;
E-Mail Address: C'o Cell Phone:
e....~cr hc:;.,.,ru:..'Q,l
, Bc.....r\ <;.<'..Jt.,..J1Ck. t.,(- ;1.5'-"5.0'6"],.
If so, wbue Uc you J:egisl:le.ted?
Fax:
H: 2'1 b~
a\;e,,-
CLdl.l'. S"" r
NQ.";;> bOG rd \'"\ \ <ls Cc
tLy se:rring or ha:ve previous y suved (pkase iuclude d:a.teS)
s
8. u" aU City Boards on which you =
N
9. Bdua.tional qu.Jificatioos: ~
.' I U.R.-"
10. Ust ony reat<:<:! professioJUl certi6cattans and lieeruses which you hold:
11. Give yow: preseot, Ot most rec<:1lt employe<, and pOsitiOIl;
Pc<.! f3, ::T f3, a. ~ .'
A..
-A"j~
12 Desccibc czperien=. .kilI$ o. kno.,{<dge whiCh qualify you IX> serve ou this bo....d: (please r=ch .. bcief .",ume)
L...:) . v.....__.l::;" ~ (j i ~~~ ..........
\TtC"l.'\..--
Tc,,-
1 hereby ccr:tiJY tb1t all <<he a~ S:b.tanents uc true. 1D.d I ~ and understand I.h.1t any nUsstab::mea.t of lU:U:eri.al fa.c.ts
coDain~d to thili Appli.a.riO:O. m2Y cause for{ei.tutc upon my part of any appointment I .may t<<e.ivc.
E~~~~ . CJ/IS/OS
SIGNAl'1.JRE . DA"tE I
Note: "Ibis .pplication will remain 00 file Ul theCily Cle.tk's Office fat,. period of 2 years fooD> d,e w.te it""'"
submitted. It will be the appli=nt's teopoosibility to ensure that,. cuaent applic:atioo is 00 6le.
S'OYY""-'l;Y'Q..,P\.AtlUCA.n<IN
RECEIVED
SEP 1!i' 2005
CITY CLERK
OELRAY BEACH
~
iifrr
~h
1993
2001
CITY OF DELRAY BEACH CE.\\IE.O
BOARD MEMBER APPLlCA~N 11\)\)I)
St.~ ?
Crr'< C\...E.?<'c(
Pleas . th foil
'fo
e tvPe or Pont e OWtt12 m nnatIDtt:
1. Last Name: M ~ ~ ~ N:r:-S 0...- P e. \ M(.<.
2. Home ~dress: C ~E Z Code
\ '6 y ~ S ~r\Ao...r\.{ TrGl.:\ De-Va.,", e,~ ..<-h 3'.34C63
3. Legal Residence: ./ City ,./ State Zip Code
<; 0. m €.--
4. Principal Business Addeess: City State Zip Code
5 0.. (J1 e-
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
(.511>\) ~ 43-~lq - ~
<;"a. m L-
6. Are you a registered voter? YeS If so, where are you r~stered? @ h C I ~
G\. 1m e&'l'-- 0 LA n
7. What Baaed(s) are you interested in serving? Please list in order of preference: /'
Po \ ", c.e...- 1\ .1 ISOrV 0oa.rd.,
8. L;"t an City Baaeds on which you are curcelltly secving or have previously served: (please include dates)
NON~
9. Educational qualifications: Co," e r Le.....\-+-e....--
S,e e..-
10. List any related professional certifications and licenses which you hold:
5 e. e.-- C o~ e..., Le.--\-"-!-e.. r-
11. Give your present, or most recent employer, and position:
Me.-~ro 5.\-o..\-v c.o\\eae-- - A~-' L.LA[+ (/("b f e.SSc r-
12. Describe experiences, skills or knowledge which qdalify you to serve on This board: (please attach a brief resume)
Se.e..--- Co",er- Le-.\--.l.--e...r-
I hereby certify that an the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may canse forfeiture upon my part of any appointment I may receive.
Q'" e-beJV\"'r'n ~ Se.-p'\--' :;J;) ;;)006
SIGNATURE DATE I
Note: This application will remain on file in the City Cleek's Office for a period of 2 yeacs from the date it was
submitted It will be the applicant's responsibility to ensure that a current application is on file.
SICITYCUlRKIBOAlIDIAl'PUCATION
September 21,2005
Thank you for considering my application for a seat on the
Police Advisory Board. As a resident of Delray Beach, I am
pleased to serve my community on The Delray Arts Roundtable
and would like to extend my service to this Advisory Board.
I am well suited to this board based on my work in Denver,
Colorado and Boston, Massachusetts. I have created and
implemented conflict resolution seminars to facilitate
communication between college students and the community. I
have been invited to work with 75 teaching staff at an adolescent
psychiatric facility using my original activities workbook. And I
conducted seminars on conflict avoidance at a community college.
My teaching, writing and lecturing for the past twenty years
involved urban populations and minority students struggling with
issues of racism, sexual discrimination, ageism, integrity and
character development.
I believe that I would be an asset to this board and look
forward to hearing from you.
Isabel Make
(561) 243-2108
.<tc'~
H.',;'!
Isabel R. Make
1584 Estuary Trail, Delray Beach, FL 33483 (561) 243-2108
TEACHING SPECIALIST I SMALL BUSINESS ENTREPRENEUR with leadership
ability as a results oriented, interdisciplinary problem solver. Eighteen years teaching
and eight years creating and implementing successful business ventures. A creative self-
starter adept at maximizing human potential.
PROFESSIONAL ACHIEVEMENTS
CREATIVITY
. Transformed an overabundant garden and knowledge of antiques and gourmet
cooking into successful corporate gift service
. Created unique child care consulting firm to educate parents and corporations to
long-term child care needs
. Created volunteer team that designed and implemented child care options for 1200
hospital employees
. Lectured on The Art of Corporate Gift Giving
MAXIMIZING HUMAN POTENTIAL
. Inspired marginal inner city college students' to incorporate life skills for succesS
. Challenged teachers requiring recertification to refine classroom skills for
rnainstreaming disable students
. Developed alternative materials for students' post-college use on topics such as
integrity, sexual discrimination, racism, ageism and character development
MASTER TEACHING
. Fieldwork supervisor and group facilitator for college Human Services and
Education Departments
. Adjunct Professor of Reading, Community College of Denver
. Instructor of Reading, created alternative materials for multi-cultural seminars,
Metropolitan State College,
. Created and directed Learning Centers in three states
WRITING
. Authored Child Care in Your Own Home: A Parents' Manual used in conjunction
with child care consulting
. Authored (pre-publication) We're Movin~ to Denver, an interactive workbook for
children ages 4-8
. Co-authored Readin~ in the Secondary Classroom, interdisciplinary workshop
material for ninth grade English and Social Studies teachers
. Co-authored graduate course Diagnostic and Prescriptive Reading
PROBLEM SOLVING
. Created and executed conflict resolution seminar for 75 teaching staff at child and
adolescent psychiatric facility, utilizing original activities workbook
. Developed ongoing project to facilitate communication between students and
teachers on secondary and college level
. Invited to conduct seminar on conflict avoidance at community college
EDUCATION
Doctorate In Progress = West Virginia University
Awarded Certificate of Advanced Graduate Studies in Secondary Reading and Learning
Disabilities, minor in Curriculum Planning and Development and Educational
Psychology
Ed. M.. Temple University
Remedial Reading and Child Psychology. Reading Specialist Certification.
B.A.. George Washington University
English, School of Secondary Education. Teaching Certification K-12 and college
HONORS
Biography in Who's Who in American Education
Who's Who in American Women
Who's Who in the West
COMMUNITY SERVICE
Chaired Child Care Task Force, University Hospital at The Boston University Medical
Center. Developed child care options for 1200 employees including in-house Resource
and Referral program and employee counseling for community child care options.
Created fundraising opportunities for staff and developed model in-house day care
program.
Chaired Legislative and Regulations Subcommittee West Suburban Council for Children,
Office for Children, Commonwealth of Massachusetts. Wrote state regulations for child
care providers and awarded state contracts for day care for the disabled.
Founding Board member of The Denver Parenting Center. Developed inner city non-
profit organization to provide support services, professional consultation and day care.
Board Member, Greenwood Village Arts and Humanities Council. Chair "A Space of
My Own," showcasing art for ages K-12th grade, and "Parent-Child Art Day" targeting
divorced fathers and children
Created "Evaluating and Managing Child Care Facilities" course for Newton Community
Schools, Newton, MA
Board Member, Colorado Consortium of Community Arts Councils, advisory arm of
Colorado Arts Board
SEP-13-2005 10:50 [Ie: I .P. I HI;EIIC."
091J;(.5 Ul: 111: 45 FA! 561240J7H
OEUA. Y BfACH
~
wr
5612652706
C lTY CLEfU(
H:5612433774
P.2 2
III 002
G(--\ ~Ol
RECEIVED
SEP \ 3 2005
CITY CLER\<.
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
1993
zO(n
1.
infomuQoo:
::J<J>'olS (\v-~Si1J.<>.~
N"""'Cq~"C-
't)e-xlt,
M.L
3
City
Smr-L 1} ~dc
Su.re. Zip Code
2.
4. Pri"cip:JBllSiness Address:
p 0, ~o;x: 70Dh
City
B11:O Qo~
State.
f-"L,
Zip Code
35lf31
U53\t,(,Y
BU3ine3$ Phon<=,
Sc....---JV
E.M::W Addre..:
Cd! Phone: ~ I Fax: .J1, J
'VU-035'f aUi-~ 70b
& ~JL
'fi'-
1m~~1
(l. N<:: you a t:e~te.fedr~er.?
7.
(h.o>-< e~ )>'!>C} \) .~ fee
9. EducWP",'1151ualifiC>Jions:
1 q 3 /1) 7) -Jp," o/c<'(Jld1_ 11.16
~~
11. C. e yow: ~""ent, o~ mort teeMt euip1<rr<X. lI.lId position:
. e",-" / '-'.1>2 I _ 1-2 c. ~r4lZ
I hereby ce.ttify m:l.[ :all the :above: SOta:ocD.D ;'\.t('. ttl'~ And I :agree nDd undc:ound d1ac my In1sSbCe:DJ.CDt of m.atalll raa::;
C"ORt:.U..aOO in this applia.r:ion J:Il.ay ca.use f,nfeitLlfe upon. my p~ of t\1J..y 1ppointmt:nt 1 mAY _recc1Ve..
~5-- 9/.wo5
SIGNAnJ";;;'. ~. DA1:E
No~ -n.;,; nppw:p.1ioo ""U ,~"mllin 00 file in the City Cleck.'s Office fu<" pcciod of 2 Y<=5 from the d"te in...
submitt<:d. It dbe. the applicwt'. responsibility to cnsUJ:e chat a =t applimtioo is 00. file.
_1:C'l~.u.I:lU.I'FU.:J..l1GlC
*****
7(;)3/01
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLlCATIO~p ? 3 2005
CITY CLERK
DH.RAY BEACH
. 4. 0 .. . . ..
mr
1993
2001
3. Legal Residence:
..s/9me as
4. Principal Business Address:
/1//4
5. Home Phone: Business Phone:
/?
"/
~
State
1','
MIX
Zip Code
z;3f1
Zip Code
1'/
1.
2.
-e
City
State
Zip Code
-
-
E-Mail Address:
Cell Phone:
Fax:
$t,; -4; (5 fi&:U
6_
7_
~:
8. Ust all City Boards on which you arc currendy serving or have previously sCITed (please include dates)
~ (J d
edge which qualify you to serve on this board (please attach a brief resume)
~. ~ S hc::11 '.p--(15 D-f{! ~
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appoin t I may receive.
'71t ~ Q ~cdt({t4'- .' <lJ' ~(YN"--
SIGNATURE T .- DA "
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYa.ERK\80AItOIAPPUUTION
DEI.JlAY lEACH
~
. . lcaCIly
" II I!
1993
2001
'/-ly07
CITY OF DELRAY BEACH RECE\VED
BOARD MEMBER APPLlCATIO~b \ 5 2005
C\TY CLE.R\(
1.
2.
M.I.I<...
Zip Code
State
3. Legal Reside.o.ce:
State
Zip Code
4. Principal Business Address:
City
State
Zip Code
5. Home Phone: Business Phone:
6.1,.. /J,l()--6/G'
6. Are you a registered voter?
Fax:.
05'2-
7. What
8.
9. Educational qualifications:
'~
ent employer..:. an~sition:
Jf~
statemcnts are , and I agree and understaOd tbatany misstatement of material facts
cause forfeiture upon my part of any appoin.tmen~ mz=ve.
. . DA~1r
Note: 1ms applicitionwill remain on fde 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.
~TION
Sl
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r/Y~I
t{ /~~
ffi~~ <i.{sl,z-,,))uu- ~ J G\{:
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~~~ ~A e-l'/r55, 7~t~~~~4 ~
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~~~~~.~~~G~'
r tJl4<)/""'(-, ~,'-<-- I ,", 6 L~ k,/~J.-'t (k u~ C L ,
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~;~ f-,~ 4 ~ / ~leW'f,,,,,,_J(3(ld.4'" 1fT,
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h :J'l?-7 ~~~ r--->( f t1) ~ A J ~ ~~t;{ fLfi;-J>. iL~6 - _1It?" ;~:. ~~I~~~~~ (~J
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1t:.j't-ra -]--~ t~ ~q;;Y (i9tUic~J ' t1t)
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It<J- 4 ~exu-u {t~., .
11~~ rt4~c, j' (lftLe-- ~ ~~D 01'4(}/~M
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ti~ k5t'?~ ~1J--yV 70- ?~t~C~~pWQ,dy) ~ ~p;'
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f~\<ft~MCfIJt b~',t~ t4-~~~~C~Lu'A.y ~ 9f,t-1)-1(~7're.e) .
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fA.~o.1J ?~e-c:;:r(/~ tt.ctl>J',trAA Jt~
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/A)- g- 0-
DElRAY BEACH
~
iiiil!
1993
2001
f/&/r;
CITY OF DELRAY BEACH ~~9g~y,EQ
BOARD MEMBER APPLICATION OCT - 62665
CITy ctER'kK
CITY CLER
Please e or riat the followin information:
1. Last Name: D .
n d...:m I A Cl./
2. Hry ttd~S::uJ. lj1 fllle.
3. Legal Residence: .
:; tLffle a.S a...b 0 J -e......
4. Principal Business Address:
City
St:;e (
State
M.I'/J '
qp. Code
:7'3 'Ny
Zip Code
Name
City
City
State
Zip Code
fi 0 /'f .e.-
5. Home Phone: Business Phone:
5(P(-n~~?/?q~ gte{r 7r3~'
6. Are you a registered voter?
{'.:':>
E-Mail Address: Cell Phone: Fax:
5&/-:Dtr'1Q /' ;178'-37ob
If so, where are you registered? f q l vY1 73 c h ~d /.{!
(
7. What Board(s) are you interested in serving? Please list in order of preference:
,gOP.- (( J
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
/)/L--eJ 4- 5eed -
9. Educational qualifications:
.
t1/A J S~J1c..e. /} ba..-fe me...-t
SeJ. OZl (
vq,{?.. d.
10. List any related professional certifications and licenses which you hold:
vne.t- <LVI I L [e-P--!if'I-c...iL+;OK..-S
11. Give your present, or most recent employer, and position:
t-;.f-- 'f () f- 60CA If-d t:J,v
VV1ee...kILV\.,'L
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
rn
I, ~+ PfIl/
e. leYlt.es
p ~/~e
o f lJe~ q. ISdC,e:--
o..,z f YYlC"1 -{ S
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
Ch, ~~ it'} - 7- a ~
ii1GNATURE 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 tesponsibility to ensure that a current application is on file.
S'lCITYCIJ:RK\BOARD\Al'PUCA TION
JUi-28-2001 17:34
DH""
TRANSMISSION VERIFICATION REPORT
561 833 8485 P.01/01
TIME 06/28/2001 14:58
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
. .
1114 S.W. 8111 A VEN1J06/28 14: 58
DELRA Y BEACH FL 33il.li152485663
561-276-3396 ~r00: 00
BUSY
STANDARD
J
Objccdve
To r!~ a€lEW,qqliY~of the multi,cultural comnllmity of Delray Beach by
becoming involved in programs, services, and committees that seek to develop and
improve the City ofDc1ray Beach.
Summary of Qualitications:
. Homeowner in Delray Beach since 1989, resident since 1969. Stable employment
and residency established.
. Board member/volunteer on various civic/community organizations including but
not limited to:
Visions 2001 Steering Committee (member)
Hispano Latino Cultural Alliance, InciCinco deM ayo F eSlival
Committee (member and volunteer)
La Paloma Homeowner's Association (current President)
Southwest President's Association (member)
. Student'Volunteer within organi7.ations dealing with gang,related issues/outrcach
programs:
D.A.R.E, City of Boca Raton
MAD DADS ofDelray Beach
. Parenti Adult Facilitator for the Our Lady Queen of Peace Mission Catholic Youth
Organization since 1980
. Gr<1duate of the City of Delray Beach Citizcn's Police Academy in 1999
Professional Experience:
Mechanic, City of Boca Raton, Boca Raton, Florida
1973 to prescnt
Education
C.E.D., Atlantic High School, Delray Beach, FL 1999
Various professional certifications, list available upon request
TOTAlP.01
*."* * * *
ffpt1U.fvweC~Y
CITY OF DELRA Y BEACH 6/1 /6/}
BOARD MEMBER APPLlCATIONRECEIVED
JUN - 7 2005
infomution: CITY CLERK
Name M. I.
DELRAY BEACH
. .. 0 . . co ...
iJim
1993
2001
Please riot the follo
1. Last Natne:
Ridle Charles F
2. Home Address: City Srnte Zip Code
137SW 12th Avenu Delra Beach FL
3. Legal Residence: City Srnte Zip Code
same as above
4. Principal Business Address: City Srnte Zip Code
11380 NW 27th Avenue, Rm. 3240 Miami FL 33167
5. Home Phone:
561-276-4223
Business Phone:
305-237-1634
E-Mail Address:
cridley@mdc.edu
Cell Phone:
561-577-5416
Fax:
305 -237-1301
6. Are you a registered voter?
If so, where are you registeted?
Yes Delray
What Board(s) are you interestef! in serving? Please list in order of preference:
Communlty Redevelopment, Delray Beach Housing,
Beach
: 7.
Code Enforcement
8. List all City Boards on which you are currendy serving or have previously s
RA
9. Educational qualifications: C 11
o ege Education- Florida A & M University
10. List any related professional certifications and licenses which you hold:
N/A
11. Give your present, or most recent enlployer, and position:
Community Crusade Against Drugs- Executive Director
'12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
Activel involved in the redevelo ment rocess of the West
Atlantic corridor for over 12 years. Coordinated the Southwest
Ne~ghborhood Plan; .Fo~nde~ of Village Academy; Develop~d over 27
I hereby certify that all the abo statements arc true, and I agree and nnderstand that any misstatement of mat . facts
co . ed' this pli . on y cause forfeiture upon my part of any apPoin~n~ =; r~ei:, / () S
DATE I
Note: ibis 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\CITYCLBRK\BOAllD\APPUCATION
t]"':@.;..,,,,
'.: '~-,' "\'- ',~
~~ '<~~
Charles Ridley
~~.,:,@],,;
:;'t',>:., ~l""!l
~- ,;
137 S.W.12Th Ave
Delray Beach, Florida 33444
561-276-4223 (Home)
561-271-5683 (Cellular)
Career Profile
Seasoned Non-Profit Manager with an impressive record of success in varied social
service and drug prevention related activities. Outstanding communicator with proven
abilities in staff and employee assessments, training, supervision, community oriented
and hard-working individual with an innovative and creative~thinkingapproach to
problem solving and generating new ideas with diversity as the cornerstone of overall
abilities.
Transferable Skills Include
. Experience working in public and private sectors.
. Ability to communicate on all levels in writing and orally,
. TIuive in an environment requiring extensive people contact.
~.'
Work History
May 2003 - present
Program Director: MAD DADS of Florida
. Develop and Design Prevention Programs for the State Headquarters
. Strategic planning
. Fund Development
>
October 1992 - May 2003
Founder & CEO: MAD DADS of Greater Delray Beach, (D.B.A. Village Foundation)
. Managed, Corporate Growth, built company from stat up into a 1.9 million
dollar operation, providing services to over 300 students daily. Delivered 10
years of growth of25% or greater.
. Became the premier chapter in the nation, given chapter of the year honor in
2002
. Created the first deregulated public school in the country that served urban
youths as their primary customer.
. Created organizational design and leadership development. Created the entire
business infrastructure, all operating policies and procedures, finance, HR
system and marketing strategies.
. Created the formal strategic planning process to guide agencies future.
.
~-...~';-.
r','\.-' ';'\','
','.:} .<."'...
Charles Ridley
4-..,.... t%f1
~~fp
137 S.W.12Th Ave
Delray Beach, Florida 33444
561-276-4223 (Home)
561-271-5683 (Cellular)
November 1987 - October 1992 National Recovery Center
Drug Abuse Counselor
. Provide group lector for agency clients.
. Ensure the facilities was secure and safe.
. Provide one on one therapy session with agency clients.
. Transport clients as needed.
. Provide documentation of clients' daily activities.
Edncation
. 123 College Credit Hours: Florida Agriculture and Mechanical University (F AMU)
. Graduate: Non-Profit Management Columbia School of Business
Reference: available upon request
~.
'.
.
*****
f/I~I
DELRAY B'EACH
. .. 0 . . . A
AIl-AmericaCity
" II J!
1993
2001
CITY OF DELRA Y BEACH E.\'\Jt.O
BOARD MEMBER APPLlCATIOliC, c 1~~~
oc.1 - u
err'! e\..'f..?-''f...
I th f; Il
. f;
P ease tvJ>e or pont e 0 OWlfi~ m ormation:
1. Last Name: lfosC?n Name A/e c! MA
2. Home Address; City Sure Zip Code
'1"3'3 &rFrl1.?~,J/'/ii1/1-e jJe/rdY 3e?c'; R J 3i Y7'.r
3. Legal Residence: City Sute Zip Code
.:5 ;:J/}/ ..e
4. Principal Business Address: City Sute Zip Code
/Y/4
.
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
5"6/: 13 '1- /fd.5fe1/f1' /Cfi' A /Jedc o.hj@beIlJ~1> rJ,l}p I pO.r.Y/2 -9 Iffo -
6. Are you a registered voter? yC'} If so, where are you registered? A /, /0
,/QJ.jJ;; 1""
7. What Board(s) are you interested in serving? Please list in order of preference:
f?oh "ce Adf//fPf";;13hlrd
8. List all City Boards on which you arc currendy serving or have previously served: (please include dates)
.5e r 1/ e) C '/-I of..lfo / I;i j{/ t5P f FL - /i:/v,;j :?f/ce,AJyuo,.yft.JiJr{; fir,J)"d6/H",5. /11 /}';17d r,7y
9. Educational qualifications: N 71,)c)p'/
fl/nyC' 'S C' -e
10. List any related professional certifications and licenses which you hold:
I j,";J.?e" P,..e 071/,.;),/", /
11. Give yaw: present, or most recent employer, and position:
.
lfefJr'E' I
. 12. Describe experiences, skills or knowledge which qualifY you to serve on this board: (Please attach a brief tesume)
. rf/O? 't' ,;;1Ii1?'h)
.fie> e
I hereby certify that all the above sutements are true, and I agree and nndersund that any nUssutement of material facts
con%'J ;~~on may cause forfeiture upon my part of any appointment I may receive.
,;:/'
. {;?A / X;,;~ 6i!:. t; .J (! () 5-
SIGNATURE v . DA1E
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 appliamt's responsibility to ensure that a current application is on file.
S\CITYa..eRDBOAlID\APPUCA.TION
Dr. Ned Rosen
Cell Phone: 305-962-9780 Temporary Home Phone: 561-638-1405
e-mail: nedcoach@bellsouth.net
Ned is a retired industrial/organizational
psychologist having both academic and
independent consulting background.
Working dosely with senior executives and
other managers, he has facilitated
numerous business planning and team
building meetings, and has coached a
variety of intemal task forces formed to
resolve problems and implement major
organizational change.
Based on his extensive experience and in-
depth knowledge of organizational and
group behavior, he has designed a variety
of workshops for managers at all organiza-
tion levels. He has been a facilitator-coach,
instructor, or evaluator more than four-
hundred times in varied management
development programs both in the USA and
elsewhere.
Much of his work has been conducted in
intemational organizations having racially
diverse, multi-cultural staff. He makes
systematic use of a wide range of infor-
mation gathering methods, is an expert in
survey research methods, and is an avid
user of electronic technology. He is highly
knowledgeable about the principles and
techniques used in performance planning
and appraisal, and evaluation research.
Ned's dient base included the Dun &
Bradstreet Corporation, Xerox, IBM, GTE,
General Electric, Coopers & Lybrand (UK),
The Digital Equipment Corporation, The
Intemational Monetary Fund, Citicorp,
Lederte Laboratories, The New York
Hospital, State Street Bank of Boston, The
Sloan-Kettering Memorial Hospital, The
United States Army, Nestles, The World
Bank, The Inter-American Development
Bank, The Canadian Public Service Com-
mission, Resorts International (Bahamas),
and others.
Prior to 1982 Ned was a tenured full
professor and department chairman in
Cornell University's School of Industrial and
Labor Relations. During his 21-year career
there he had a reputation for skillful inte-
gration of quantitative academic research
and theory with practical issues in the wortd
of work. His interest in application and
implementation strongly influenced his
decision to leave Cornell in 1982 to pursue
a second career as a full-time private
practitioner.
The Psychology of Industrial Conflict was a
course he designed and taught many times
at Comell. It dealt with the dynamics of
perception, stress, group norms, inter-group
relations, prejudice, and aggression both in
the work place and the larger society.
Ned's formal education indudes a BA
degree in economics and business admini-
stration (Antioch College), a Masters degree
in labor and industrial relations (University of
Illinois), and a Ph.D. in industrial psychology
(Purdue University). He has authored
three books and numerous empirical
research articles published in refereed
professional journals. Ned is an elected
Fellow of the American Psychological
Association, a professional distinction
enjoyed only by a small percent-age of ac-
tive organizational psychologists.
Ned has resided in various South Florida
communities since 1982, including about
three years in Delray Beach where he now
resides. He served on the City of
Hollywood's Civilian Advisory Council on
Civil Service, and was a pro-bono
consultant to Broward County's Service
Agency for Senior Citizens. Currently he is
a mentor in the Take Stock in Children
program for "at risk" high school students.
10/13/05 14:40
NORTHWOOD PAWN SHOP ~ 561 243 7221
NO.924 P002
CITY OF DELRAY BEACH
,
aoARD MEMBER APPlJcATION
Please infonparion:
1. Last : So.J:/ZS M.I.
2 Ho ddress: 'g I 5 '/6Polh St1l.te ~Code
,:L 3 r
3- 'dem:e: State Zip Code
Business Address: City State Zip Code
<(1h Sf. l::d my J3e0fh FL 33</1t/
5. H
hone: Business PhOne: E-Mail Address: CeIl!Phone: Fax:
5(,;) .2 ':I&~ g9 Q:) mo.YiaJorl-.5:/1.cJ.,sI)yok, /Yl 5/,J) ;2=1(,- ~OIO
a registered voter? yes If so, where are you registered? Palm &a/Jh CaUl'.
ard(s) are you inreresll!d in $erVing? Please list in 0Eder ofprdi=nce:
6.
7. Whzt
':P.
'ce dVi5<:Jry 13a:u-cI
Boards on which you 31'1: cuaendy sen>ing OX have pxeviously served: .(p1ease include dates)
8. List
f/,. e..
9. . aI quaJificarions:
&/Oh fln/over5 .
/15.
~ ~o
.-,
lic:ation will remain oil liIe in the City Qerlc's Office tOr a perioc/- of 2 yeafS &om the date it was
. tted. It will be the appliant's responsibility to ensute that a <:U~ application is on file.
~~. -~'nON
1993
2001
lOft q(1rJ
CITY OF DELRAY BEAC~ECEIVED
BOARD MEMBER APPLICA'AtiN It Z005
CITY CLERK
.,
Please. e or rint the followin infonnation:
1. Last Name: S ,f~1Y MI
2. HOlJlf.\ddJI.ss: /1'1,1f-ILnV6-:
,..., tJ /&1J ~ 53
3. Legal Residence:
do.. h~ LA-t...- 4.
4. Plincipal Business .\ddress:
-#3 t:C.,,6~y~
N i>iI.
If-
c!k.e r "f3J.... State Zip Code
Fl- ~
City ~ State Zip Code
~r FL M'fCf-5-
City State Zip Code
5. '.Iome Phone:
UAe e~~ R-
6. "\re you a registered voter?
Business Phone: E-Mail Address:
~ ~<lAa4e
Fax; J"Z I
J/1f"., 79jC
7. \J(,h>lt
8. List.n City Bo""ds OIl which you:u:e currently serving or ""ve previously served: (please include dates)
7f...tnu--
~~ .jJ
Ol Ft.. ~
">1
10. List any related protessional c~rtific
B~
12. Describe experiences, skills or knowledge whi 'h qulllifY WU to serve on this boord: (PI lISe attach a brief reswne)
~ ~..
I hereby certifY. at all the above statements are true, and I agree >lnd w1derstand that any misst:<tement of material facts
conta' in t is a plication may cause forfeiture upon my part of any appoinlment I j"Y receive.
/OLE:-/7J5
SlGNA1TRE DATE
Note: 111;S 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 appliClUlt's responsibility to ensure that a cun-ent application is on file.
s rTIVC'J.RRK AOARD AW1.JCA.11ON
Kathleen B. Shackman
P. o. Box 7253
Delray Beach, FL 33482
561.504.1807
Brief Resume
Licenses:
1993 State of Florida Real Estate License
2005 State of Florida Mortgage Broker License
Delray Beach Resident since 12/1989
Homeowner
Current EmDlovment:
Self-employed, Senior Loan Consultant, Sterling Equity & Asset, 98 N. E. Fifth Ave.,
Delray Beach, Florida
Prior Florida Exrerience:
Licensed Realtor, REIMAX Innovations, Boynton Beach, Florida 10 years
Law Office Administrator, Lewis Kapner, P.A., 250 W. Australian Ave., West Palm
Beach, Florida - 5 years
U. S. Government EmDloyment:
Central Intelligence Agency, McLean, Virginia - Office of the General Counsel
Education:
Gold Coast School - Mortgage Broker - 2005
Jerry Grant School of Real Estate - 1993
University of London Law School, One Year - 1998
Courses at the University of Southern California in Law Office Administration
Katharine Gibbs School, Providence, R.I.
.r iC ~
,,)
-.j;]
Kathleen Shackman
P. O. Box 7253
Delray Beach, FL 33482
561.504.1807
shackmanm@bellsouth.net
OCT I 4 (nos
t-.r
October 13,2005
City ofDelray Beach
City Commission
100 N. W. First Ave.
Delray Beach, FL 33444
To Whom It May Concern:
Thank you for accepting my Application to serve on the Delray Beach Police Advisory
Board. I am a long-time resident of the City, and I would be proud to serve in support of the
City's needs for volunteer business people.
I don't think Alberta McCarthy would mind me mentioning her name. Alberta and I go
back a long way in the real estate business, and I consider her to be a friend. It would be an
honor to support her on this new Advisory Board.
Should you have any questions, please do not hesitate to contact me on my cell phone
noted above. I anxiously look forward to receiving your positive response.
~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
information:
~L
State
Zip Code
- cL-
. ,
'1'//,)11 ~/L-
3. Legal Residence: P'
~ ~-p-vfJ-".-L--
4. Principal Business Address:
M
2.
City
State
Zip Code
5. Home Phone: Business P one: E-Mail Address: Cell Phone: Fax:
.56/- L ~Ib ~01 l//I.r/lat<ell
6. Are you a registered voter? ya If so, where are you registeredj? C C/e./V
7. Wha oard(s) are you interested in s . ? Please list in order of preference:
() (. f (, C V/J'tJ/C..
8. List C Bo~n which you are currently serving or have previously served: (please include dates)
"b
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold
~
J
ote: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLERK\BOAlU>\APPUCATION
OElRAY BEACH
~
mr
1993
2001
rim the followin information:
CITY OF DELRAY BEACWCEIVED
BOARD MEMBER APPLlCA(f(JP", 2005
CITY c ER .
;a / ror;
M.l. D.
Zip Code
"3 '34~
Zip Code
NamY;:') I
coro
City
Del r'Cl
City
Bea cfJ
State
Please
1. Last N~tJ I N \J J2 N
2. Home Address: () I 1
~ (900 S. OCCa..r) ova. y.. Z.
3. Legal Residence: I _ .
$Cl..VI^.R- C{. S CA-~
State
4. Principal Business Address:
n/tA
City
State
Zip Code
Business Phone:
Yl/o..
'1-c...5
E-Mail Address:~ Cell Phone:
bird 1+\Dt\.<J>.r I&> ~. -:2- '-t
(;\06 I . Co '2-0
If so, where are you registered?
Fax:
s-
PBGo.)R
7. What Board(s) are you interested in serving? Please list in order of preference:
Po[;c.c... Ad-vi.so-r
BE} 0 v-d
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
V\ 0\
9. EQuc,tional QualifiealLops: Numerous classes in community-oriented justice, social work and .
cnmlnal justice aamlnistration; college coursework in criminal law at NoVA Community College;
six-month course in facilitating communication.at Institute focAdlamcemenLo1..S..ervice, Alex.,
VA; B.A. Ursinus ColI~e PA. / ---
10. List any rdated profess16n'ill-certthcations and licenses which you hold:
Jus-fz a
I'k.,S
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
Substantial personal/professional experience with a tourist-laden, historic community that is
diverse culturally and economically; with assisting individuals who are involved in the criminal
justice system; and with coordinating the sometimes adve~rial demands of public opinion and
the ~urts. ~ . ( Gee.. \I^C.~ Q V\..A--C- ) .~---'---
I hereby certify that all the above statements arc true, and I agree and understand that any misstatement of material facts
~~J cause forfeiture upon my part of any apPointmen; ~ ma~ re~: 0 S-
SIGNATU' 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.
S\CITYCLERKIBOARD\APPUCA nON
CAROL DITZLER SWINBURN
2000 S. Ocean Blvd., X2
Delray Beach, FL 33483
(561) 266-0756
1997 -2004{retirement) Coordinator, Alexandria Criminal Justice Services (ACJS), Office
of Sheriff, Alexandria, Virginia
In charge of City's local probation and pretrial services. Annually applied for and obtained State
funding to support operation of ACJS.
. Established the office and administered its annua1 half-million dollar budget.
. Managed the office and its staff; maintained regular contact with local officials and
politicians, from the City, State and U.S. Governments, as well as judges, court officials,
prosecutors, defense attorneys, law enforcement officials, public and private mental health and
social work professiouals, non-profit organizations, advocacy groups and business people.
1997-2004 City Professional, Alexandria Community Criminal Justice Board, Alexandria,
Virginia
Managed the activities of the Community Criminal Justice Board, a statutorily-mandated Board whose
members are the leaders of the criminal justice community, including the elected prosecutor and sheriff,
judges, magistrates, the chief of police, the chief public defender, chiefs of both state probation offices,
as well as representatives of City Council, local education, non-profits, the business community, and
citizen members.
1995-1997 Acting Director/Counselor, Women's Empowerment Program (WEP) at
Alexandria Detention Center. Employed by Bureau of Rehabilitation, Inc.,
Forestville, Maryland
Hired as the Counselor and took over as Aeting Director of the program in its critical initial months.
Thereafter, provided counseling, community referral services and clinical services on a community
outreach basis to WEP graduates after their release from jail.
. T oak the lead in successfully obtaining 31IDual City funding for the program, and in creating
supportive community fundraising events.
. Conducted classes for women still in the jail on gender issues, nutrition, journal-keeping, and
other lifeskills-re1ated topics.
. Participated in establishing and maintaining the community-based WEP Advisory Board.
1995-1997 Member, Economic Opportunities Commission, City of Alexandria, Virginia
United Way representative.
1995-1996 Shelter Staff Volunteer, Alexandria Domestic Violence Program, Alexandria,
Virginia
Worked with battered women and their fiunilies as a trained volunteer.
1994-1995 Shelter Staff Volunteer, The Campagna Center's This Way House (teen runaway
shelter), Alexandria, Virginia
Worked with teen residents and the shelter hotline as a trained volunteer. Co-fucilitated weekly support
group for parents of residents.
1994-1995 Campaign Executive, Alexandria United Way Alexandria, Virginia
Provided management, organizational and technical assistance to firms and organizations conducting
United Way campaigns.
1990-1995 Founder and Director, The Healthy Gourmet, West Chester, Pennsylvania
Established and managed small business, networking with career chefs, health care professionals,
attorneys and a public relations firm. Taught, demonstrated and lectured on healthy cooking, including
information on food, nutrition and lifestyle modification.
. Trained and motivated class groups of diverse ages and lifestyles.
. Created, wrote, published, publicized, marketed and distributed a cookbook, Recipes from The
Healthy Gourmet Cooking Classes, based on ZY:. years of cooking classes and
demonstrations.
1990-1992 Public Education Committee Member, American Cancer Society, Exton,
Pennsylvania
Advised and supported the American Cancer Society chapter in its mission of educating the public
about cancer. Gave speeches to community groups, manned health fair booths, and attended monthly
meetings
1974-1991 Homemaker and Mother, Alexandria, VA and Chadds Ford, PA
Raised two daughters and ran finnily household, while participating in school and community
activities, such as Parent Teacher organization boards, Annual Fair and Art Sale (chaired Chadds
Ford's event three years), Junior Friends of the Alexandria Community Y, Friends of Alexandria
Hospital, Girl Scouts, and various political events and campaigns.
1967-1974 Early career: U.S. House of Representatives, U.S. Environmental Protection
Agency, U.S. Railway Association, Washington, D.C.
Served as Chief of Staff (then called "Administrative Assistant") to two members of Congress;
researcher in EPA's futures research center; and office manager, Public and Governmental Affairs
Office, U.S. Railway Association.
1997 Woman of the Year, Alexandria 01A) Commission on Women
Honored for my WOIk with Women's Empowerment Program.
2005 Induded in Who's Who of American Women
Please
t. LastName:/ J _---J!..L.
U/Bq ( rt 8('5 <x::iA/
2; j;jmNdtJss:
3. Legal Residence:
SQ,nze
4. Principal Business Address:
30 I S0 lyrIJ !tV.e
RECEIVED
CITY OF DELRAY BEACH OCT 1 12005
BOARD MEMBER APPLlCATIONCITY CLERK
/t?/;;/q
fJ,{)81J
e
~ rn117
tfe
City
Sq /V) e
City
State
OelrqV f5eacA
E-Mail Addres~:/ Cell Phone:
-->0 0ffI? f1 ,v
.sGI.J.?'g'-'i!;n9 Scol-:2<:;,s;3S!? w~v7e8f?ff S(;,I-4W-'t'sr;J S".'),7,
6. Are you a registered voter? Yes If so, q ~e you tr~~ COerl'l-Tf.
7. What Board(s) are you interested in serving? Please li<t in order of preference:
. (:> v/ or-0
FI,
BYvv
Fax:
5. Home Phone:
Business Phone:
8. List all City Boards on which you are currendy serving or have previously served: (please include dares)
)
9.
to. List any related professional certifications and licenses which you hold:
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material fuelS
contained in this application may cause forfeiture upon my part of any appointment I may receive.
'=>
1 () - (1- cf<CCJS:-
DAlE
Note: This application will remain on ftle 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.
OCITYCLERK\BOARD\APPLICATION
130 NW 8TH AVE_ Phone 561-278-8779
DElRAY BEACH, FL 33444 Fax 561-274-7087
E-mail weaI6347@bellsouth.net
JIMMY WEATHERSPON
Work experience
Work experience
Work experience
Education
Community
activities
Interests and
activities
Volunteer
experience
1996 - PRESENT URBAN LEAGUE OF PALM BEACH COUNTY
SOUTH COUNTY COORDINATOR
1968 - 1998 IBM BOCA RATON. FL
SENIOR SYSTEMS ANALYSTS
. LAN ADMINISTRATOR, SOF1WARE DEVELOPMENT TEAM LEADER
. RTIRED
1989 - PRESENT
. OWNER MANAGER OF A SELF SERVICE CARWASH
. 1978 - PRESENT OWNER MANAGER OF RENTAL PROPERTIES
1968 -1968 AUTOMATION TRAINING INSTITUTION ST. LOUIS. MO.
. HIGH SCHOOL AND SOME COLLEGE
FORMER DELRA Y BEACH CITY COMMISSIONER / VICE MAYOR.
MEMBER OF DELRAY BEACH ROTARY CLUB. DELRAY BEACH
CHAMBER OF COMMERCE. PRESIDENT OF THE NACIREMAS
CLUB. GRAND DISTRICT DEPUTY PRINCE HALL MASONS.
DISTRICT #2. CHAIRMAN OF CHURCHES TRUSTEE BOARD,
CHAIRMAN OF PALM BEACH COUNTY HOUSING FINANCE
AUTHORITY. VICE CHAIRMAN OF CRA'S "WEST ATLANTIC
COMMUNITY REDEVELOPMENT COALITION"
COMMUNITY REDEVELOPMENT, OWNER/MANAGER RENTAL
PROPERTIES, PART OWNER/MANAGER OF A CARWASH,
CHAIRM AN OF BOARD OF DIRECTORS OF A INVESTMENT GROUP
SWIMMING, BASKETBALL. FOOTBALL, BICYCLING
FORMER CHAIRMAN OF COUNTY'S FAIR HOUSING BD, MEMBER
OF DELRAY BEACH COP PROGRAM. PATIENT CARE ASSISTANT
AT PINE CREST REHABILITATION HOSPITAL
09/27/2005 TUE 16:36 FAX
~ 002/002
5EP. 9. 201il5 B: 32l'lM
CITY OF DELRAY BEAa-I
NO. 944
P.1/1--
'I
1993
2QOl
Please or m.t the Collom info=tion:
1. Last lime, WE/5S
2. Home Mi\it I~'" STt!G'€T :#
3. Legal ~depce;
CI'TY OF DELRAY BEACH
BOARD MEMBER APPLlCATIO
Mol.
-
-
4. Prlndpal :Swinos. AddJ:eaa:
City
Zip Code
-
5. Home Poop(:; Business Phone:
'f,l- 27g- &.137 51,1-4/~- 'II~
6.
B-Mall Ad.ucs.,
~lS5t
Far.
Are yo", a registctCd vo=? If so, wbe:e are YO\1 rcgi$tcfed? AI
7. Who< BOll<Cl(s) are you ;",tarcsto<i In .~ Please list In omcr of preference:
8. !JS1: 011 City Bovels on wllid> yo\> ore =dy oetVing at Inve prev.iousll'served: (plCllle include ~teS)
g. Edua;dcmal quolifie:piom:
,
10. LiSt ~ related ptofessiooal c cations l1Il.d licenses whieJl you hold:
-
11. Give your presCllf, or most :recent employer, sad posiriml:
Note: ThIs application will=nainoQ file in t:heCity Clerl<'s Office forspe:iod oi2 yeIlrs fr- the dare it WIIS
submitted. It will be the applicant's responsibility to ensure tl12t a C1.1rrent appJleati,,",' On tile.
~ ~1 c.~~,-
...
DURAY BEACH
~
iilil!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
10/17/07
RECEIVED
oel 1 7 2005
(' . ',; '0.
""-,,.. ,
Please e or rint the foUo
1. Last Name: l,J 10.vE"'
2. Home Address:
ISIS tJ. 5u~ A.
3. Legal Residence:
"'S4./Yl12
4. Principal Business Address:
information:
Name~ vJ
City
~~~
City
M.l.
5
State Zip Code
R...
State Zip Code
State Zip Code
..)...2-5 IV'F:.. foA ~ -=r,LVb ito
5. Home Phone: Business Phone:
5(.1-;}"7(.;-(5O/ 5bl-lfl(~
6. Are lOU a regj;;tered voter?
....<; ,--r, Cffi.
7. What Board(s) are you interested in serving? Please list in order of preferen~
. f"0lI CJi- J;Q.!lScY\';I '?:.adLO
C E)fJ ~ ~L=ro~
City
f::DCA ~o--f
M..-
~3.J-
Fax:
E-Mail Address:
y,v",.>~><S2 CJ..cll.i'='.
Cell Phone:
3"1-~'Y?- ;;'::;..00
If so, where are you registered?
8. List all City Boards (l(l which you are currently serving or have previously served: (please include dates)
/" :.a.
9. Educational qualifications:
7.,.?CLI. ~'5 a:=-
~~ lJG4
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
Gvo^-tF I IV. '7 _, CE:: 0
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
"-''''''- &1\... "SF- ~......~ ..L-~~~bL ~1CJ?:; 'F/Q.>rI<;; wHlh
?~1It EtoG ~JY1S - GlVF.J) tAl ~~ b.A Las ~ d- ~
~IGA J-~Yd\..C.. A,o:)'"TlJ~ f<:kPd:EO "12> ~h/~ f"ll(:;n~W ~J0S.
I hereby certify that all the above statements are true, and I agree and utlderstand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
~ (C.>/I'-I/a<;
SIGN~ DATE
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.
SlClITCLERK\BOARD\APPL1CA TION
Date: December 7, 2005
Agenda Item No. ~
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular
_ Special
_ Workshop
Consent
When: December 13, 2005
Description of Agenda Item:
Police Advisory Board - Recommendation for Appointments / Mayor's Advisory
Committee on R.A.C.E. Relations
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
,A'__
Recomnfendation: Approval
Department Head Signature:
*{!~~
-
City Attornev Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes/No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review: ~ ~\-zJ~
Approved for agenda@No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t1fV1 .
AGENDA ITEM #~ ~ ~ - REGULAR MEETING OF DECEMBER 13.2005
APPOINTMENTS TO THE EDUCATION BOARD
SUBJECT:
DATE:
DECEMBER 9, 2005
Mr. Joseph Finley has submitted his resignation from the Education Board effective November
7,2005. This creates a vacancy for a regular member to serve an unexpired term ending July 31,
2006. Mr. Paul Seal has also submitted his resignation from the Education Board effective
October 12, 2005. This creates a vacancy for a regular member to serve an unexpired term
ending July 31, 2007. The resignation letters are attached for your review.
Members of the Education Board must be a resident of the City, own property, own or operate a
business within the City or have a child attending Dekay Beach public schools. It is the intent,
whenever possible, that the membership include persons with a background in business, real
estate and/or education.
The following individuals
appointment:
have submitted applications and would like to be considered for
Gerald F ranciosa
Bonnie Raycroft
Peter Raycroft
Harold Van Arnem
Law Enforcement
Education (currendy on the Neighborhood Advisory Council)
Education
Real Estate
Pursuant to
conducted.
registered.
Commission direction, a check for code violations and/or municipal liens was
None were found. Voter's registration verification was completed and all are
Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat
#3) for one (1) regular member to serve an unexpired term ending July 31, 2006, and
Commissioner McCarthy (Seat #4) for one (1) regular member to serve an unexpired term
ending July 31, 2007.
Recommend appointment of one (1) regular member to the Education Board to serve an
unexpired term ending July 31, 2006 and one (1) regular member to serve an unexpired term
ending July 31, 2007.
EDUCATION BOARD
07/05
TERM EXPIRES NAME & ADDRESS TELEPHONE
07/31/2007 Bradley Bradford Home: 272-9314
Appt07/05/05 65 SE 5'" Avenue #N Office: 272-8991
Delrav Beach, FL 33483
07/31/2006 Jennifer Ferreri Office: 672-4860
Appt 07/06/04 1820 S. Ocean Blvd #l-H Cell: 707-6687
Delrav Beach, FL 33483
07/31/2006 Debra Kaiser Home: 599-2894
Appt07/06/04 684 Lakewoode Circle West Fax: 638-4018
Delray Beach, FL 33445
07/31/2006 Suzanne Katz Home: 865-2000
App' 07/06/04 1765 Satin Leaf Court
Delray Beach, FL 33445
07/31/2006 Home:
Un~xp Appt Work:
07/31/2006 Peggy Murphy Home: 638-6859
Appt07/06/04 4622 Ellwood Drive Office: 243-7922
Delrav Beach, FL 33445 Fax: 243-7018
07/31/2007 Susan Sikich Home: 272-0554
App,07/05/05 1117 Harbor Drive Cell: 312-505-6810
Delrav Beach, FL 33483
07/31/2007 Adam Sorrin Home: 477-5354
Appt07/05/05 9779 Parkview Avenue Cell: 542-1025
Student~berOl/18/05~7/31/05 Boca Raton, FL 33428
07/31/2007 John Jackson Home: 272-9629
Appt 07/05/05 309 NW 7'" Avenue Cell: 706-3428
Delray Beach, FL 33444
07/31/2007 Mary McKenna Office: 703-9318
Appt07/19/OS 637 Ibis Drive Home: 276-2719
Delray Beach, FL 33444 Cell: 703-9318
07/31/2007 Office:
Unexp Appt Home:
STUDENT
MEMBERS (one tenD limit)
07/31/2007 Logan Perel Home: 272-6292
2 YEAR TERM 325 NW 18'" Street Cell: 665-1075
! Appl07105/05 Delray Beach, FL 33444
. 07/31/06 Kassandra Engroff Home: 641-6171
1 YEAR TERM 7073 Catalina Isle Drive
Appt 07/19/05 Lake Worth, FL 33467
CITY REPRESENTATIVE: Janet Meeks - City Planner 243-7231
COMMISSION LIAISON: -TeffPerlman
s/City Clerk/Board 03/Educanon
[11::.1_:-lJ~-~t1tt:, l":':;jb
r . ':....I":"
'.'
, .
December 2, 2005
<
"
Janet Meeks
City of Delray Beach
Education Advisory Board
Dear Janet,
Unfortunately, I must resign from the Advisory Board. My new
position as Dean of Academic Affairs at City College is quite demanding
combined with the fact that I have relocated to Ocean Ridge and no longer
reside in Delray Beach precipitate this action. It was a privilege to be a
member of the board and I thank you for this opportunity. Warmest regards
and best ofluck in all your future endeavors.
Q~4fPt,D,
Dr. Joseph A. Finley, Jr.
TOTAL P. 02
Message
Page I of I
Cobb, Venice
From: Meeks, Janet
Sent: Thursday, November 03, 2005 1 :53 PM
To: Cobb, Venice
Subject: FW: Ed board
He is his resignation.
-----Original Message-----
From: Paul Seal (mailto:paseal@adelphia.net]
Sent: Saturday, October 15, 2005 8:24 AM
To: Meeks, Janet
Subject: FW: Ed board
From: Paul Seal (mailto:paseal@adelphia.net]
Sent: Wednesday, October 12, 20054:49 AM
To: Meeks, Janet
Subject: Ed board
Janet, I do apologize for not contacting you about my inability to attend the Board meeting. And unfortunately, I
will need to resign from the board. My family and I will be relocating to Atlanta by the end of the month. My
spouse has received a job offer that we could not refuse, and I had to take an unexpected trip to Atlanta to find
housing, which is where I am currently. As you probably guessed, we are swamped with the impending move. I
shall call you when I return to Delray. Additionally, I will prepare a written presentation for November's meeting
outlining info found on grants.
A formal resignation letter will follow within the next week or so, please inform to whom I should address.
Sincerely
Paul Seal
/
(
J
1117/2005
FRO'I : GER-SHlI
V,,'lq,-1)~ Hi'_
1,;: :,;} t'A,l t>t$l ~il3J-t'J 4
AU9. 04 200~7;!W'
?/L/n
CITY OF DELRAY BEACH €,CE-\\IE-O
BOARD MEMBER APPLICATIOf1- .. 1\1\1S
. t>.\\G - 'f..
v C\..~?\
C\\l
FA:': 110.
: 5612660746
t.:ln.: LLI::lill
OfUlAY B~CH
~
;'lW
1993
2001
1,
M-L
2. .
~
ElIE ~T
S~
4. Princip&1.Busin"".lI.ddto=:.:
-I
City
3. L:g:d ~=
Ciiy
Statt
City
Sblt>:
~ Co<k
I
j- aolne Phone: ,
6 b/ t-u, 060'7'
6 Ju.. fOU .. o>gi$tored ,,"0_"
"lluomess Phone:
E-Mill Ad"""",
Cell Phone;,
Hb-
7. lJ1!u, Bow:d(.) ;uc yuu in'eres, in.=iog? PI""". lis, in ~<dor of pc<:fo<~=
. fr'W' V Ir7 ffl i "C's
6. Lis, all City Boards QO whkh you..., CUttcudy 'erring Ot have p<.viously.=ed: (Pkaoe indwk. <;b.".) ;VOW
} Ed~~~ qtW#l.:::auoas; 13
to. L.irt any -<elated prof""sional Ccrtifica.cioWi an~ liccD5el5 which you hold
1i:-Gh>e yow p-<esent,. or mo..t teccnt employer. ttld posicion:
12. D<scrihc a:peri=..kill< or kno"'-'ledgc whiCh qualify' you to :=ve "0 this """d: (Pi..... :u:nch .. bOd'<C5ume)
'. t ~ ~. abo.,. t ==.. .u:e fruo. =<11 sgcee w.d ~,""d tha' "l"7 ...;.rt:>.t""',,'u,,f 'na~ fad>
..._..,-""'-....~~"'---q,_.
~ ' ~ PiJq...;
0..<.
applicacion will ,=>>.in on fiIc in th.c- C~ Odk's Of/io: for a pe>lod ot 2 y= from the date it =
nUl!l:<4. It will be the "pplicmo:'. '''''ponsibili<y to CnsurC'dlU a Cu,reflt oppIJ,""-liou is ou file-
~~A.Ulo""l'PUG\.'DON
OWlAY llEACH
~
mr
1993
2001
1/;/111
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATION
NaV - f 2005
CITY CLERK
MLB
Zip Code
. -
Sute
~
Sute
Zip Code
3.
2.
.4. Principal. Business Address:
City
Sute
Zip Code
-
7.
E-Mail Address:
Ctm
S. HOOle 'Phone: . 'Business Phone:
SlOI :.
4q-
6. Are you a registered voter?
8. List ill City Boards on which you are cw:rcndy serving or have ptcviously sexved: (Please include dates)
~
\
~. Educational qualification>:
LI1
r
Ii
t-\.~.
Co
11. Give yow; pres nt, or most recent eoiployer, and position:
l' . -. .
. .-
.ote: 'Ibis application will remain on file in the' City Clerk's Office for a period of2 years from the <hte it"WolS
subl11itted It will be the applicant's responsibility to emurethat a current application is on file.
, S\llTY~noN
*****
1iir
1993
2001
11/11
CITY OF DELRAY BEACH REC~
BOARD MEMBER APPLlCATIOM>v _ 1 Z005
CITY CLERK
Please tint the folIo
t. LastName:
2. Home Address:
'2.1
3. Legal Residence:
N:une
~
Mn
M.I.
~Q
4. Principal. Business Address:
City
State
City
City
State
Zil;' Code
5. Home Phone: .
{
'Business Phone:
E-Mill Ad~,s'...cJ
novO "-~
Fax:
0'7
6. An: you a .registered voter?
7.
8. List ill City Boards on which you arc currendy serving or have previou>ly served: (please include: dates)
9. EdUCltiOrutl qualifiCltions: .
. f.-.\l?\
. that ill the above statement> arc true, and I agree and lUld=taIld that any misstatement of material. fads
this appli . on m u>e forfeiture upon my part of any appointment I may receive.
. IO['d1( IOY-
DATE f
.iote: This applicationwill.remain on file in the'Ci~ (::lerk's Office for a period of2 years fr~m the date itwas
.. subtn1tte<l It will be the applicant's responsIbility to ensute.that a current appliCll10n 15 on file. .
~Alt:IMrTl1CAnoN
OELRAYBEACH
. .. .. ... . . ...
information:
/--"'4;<:: ,a;p~ I{
:;2.43 3'7'7</
CITY OF DELRAY BEACH aHi-~;~c:.....-t
BOARD MEMBER APPLlCATION7Y"l'Z"k~~
"RECEIVED
APR 0 7 2005
Cl V&LER
s~7 ~~h
Zip Code
/;h~
*****
rmr
1993
2001
-\;~.
Name
tLJ
~
,U~
:?-; HomeAddress:.A / ~
/V U~A..i
3, Leglll Residence:
~
~ Principal Business Address:
~Lvf)
c~
City
State
,if
City
/,;l gc:/s-I--~
~
State
cW
Zip Code
3'.:3 y~
lI; Home Phone:
Bru;iness Phone:
E-Mlli Address:
Cell Phone:
Fax:
'el7.:).. 0650 $7;), .;z.<?".:L
.. G; Are you a registered voter?
,
If so, where are you registered?
7. What Boud(s) ue you interested - servingi' Please list in order of preferen= I c:
8. List all City Bouds on which you ue currco.dy se
.s~.~
~
10. List any related pwfessional.certifications and licenses which you hold: "6 ~.~ ~
E ~ _/. (/ L!J
11. Give yow; present, or most recent enlployer, and position:
'&
~ / ~ (l...~-./7'"-'/
'12. Describe apcrico.ces, skills or knowledge which qualify you to serve on this baud: lease atUlch a brief resume
'.~ -. . X ~';;".<o~'~':> &
/.s6~ ~.,tI~ ~ 5'& u...s4 b>.,,-b./ '"
td...ot. IsiUJ~ . - &0 ~ f;~. ~ ef.dIi
I hereby certify that all the above statemco.ts are e, and I agree and nnderstand that any misstatement of material facts
contained in this app~on'may cause forfeiture upon my part of any appointment I may receive.
~ ~,>- .y/s~~. ._.
yNA'IURE DAm' ~:::H::: p ,. l " l)
i
Note: This application will remain on file in the City Clerk's Office for a period of 2 years fro~~ '"- i
submitted. It will be the applicant's responsibility to ensure that a cUttent application is on file. ~
1/>1 III{ 7- 1/ liS . ~>- nON
[ITY DF DELRAY BEA[H
oA
.......t11;1
,..l.. "
CITY ATTORNEY'S OFFICE
'(10 NW 1,\ AVrJ\LT' DELKAY REACH. FLORIDA 33444
TI":I .FI'I ({lNl.:: )6 1 !~4.i-7fll)() . FACSIMII,E: 5(ll/27X-475S
Writer's Direct Line: 561/243-7091
DELRAY BEACH
~
AlI,America City
, III I! DATE:
1993 TO:
MEMORANDUM
December 2, 2005
City Commission
2001
FROM: Susan A. Ruby, City Attorney
SUBJECT: Library Lease and Management Agreement Between the City of
Delrav Beach and the Delrav Beach Public Library Association. Inc.
Lease
The Library Lease is for 99 years and is subject to the terms of the Tripartite and
Interlocal Agreement which allowed the Library Association the right to purchase
the property after 20 years.
The City will provide property insurance, as well as general liability insurance for
events that arise outside the property, and the Lessee will carry general liability for
events that may occur inside the library. The Lessee shall also provide automobile
liability, worker's compensation and professional liability insurance for any design
professionals that may be employed throughout the lease term.
The City will maintain the exterior, including parking lot, walkways, landscaping
and irrigation, roof, heating, air conditioning and structural components. The
Lessee shall maintain everything else including paying all utilities and any taxes if
assessed.
Manaaement Aareement
The Management Agreement tracks the Lease and contains similar terms to the
EPOCH Management Agreement.
The Management Agreement provides for the same maintenance responsibilities
as the Lease and same insurance requirements.
loA
. ,
City Commission
December 2, 2005
Page 2
Please place the Lease and the Management Agreement on the December 13,
2005 City Commi . n meeting agenda for approval.
cc: Dav' Harden, City Manager
Rob rt Barcinski, Assistant City Manager
Chevelle Nubin, City Clerk
John Callahan, Library Director
, ,
LEASE
This lease ("Lease") is made on the day of , 2005, between
CITY OF DELRAY BEACH, a Florida municipal corporation, with a principal place of business
at 100 NW. First Avenue, Delray Beach, Florida ("Lessor" or "City"), and DELRAY BEACH
PUBLIC LIBRARY ASSOCIATION, INC., a Florida not for profit corporation ("Lessee"), with a
principal place of business at 100 West Atlantic Avenue, Delray Beach, Florida, 33444.
ARTICLE 1. LEASED PREMISES
Description of Premises
1.01. Lessor owns the land and property legally described in Exhibit "A" and leases to
Lessee, and Lessee rents and accepts from Lessor, the parcel of land in Delray Beach,
County of Palm Beach, State of Florida ("Leased Land"), legally described in Exhibit A,
attached to this Lease and made a part of it which includes the library building and parking
spaces. If abandoned, the east/west alleyway shall revert in accordance with law to the
appropriate party. If it reverts to the City, the Library's lease hold interest shall include the
alleyway.
Land Subject to Liens, Encumbrances, and Other Conditions
1.02. This Lease and the Leased Land are subject to all present liens, encumbrances,
conditions, rights, easements, restrictions, rights of way, covenants, other matters of record,
and zoning and building laws, ordinances, regulations, and codes affecting or governing the
Leased Land or that may affect and govern the Leased Land after the execution of this Lease,
and all matters that may be disclosed by inspection or survey.
ARTICLE 2. TERM AND RENT
Term of Lease and Option
2.01. Lessee's obligation to pay rent and occupy the Leased Land in accordance with this
Lease shall be for a term of ninety-nine (99) years ('Term"), commencing on the date the
Lessee obtains a certificate of occupancy and ending at the end of the 99 years, unless
terminated at an earlier date for any reason set forth in this Lease or the Tripartite and
Interlocal Agreements and exhibits thereto. If the library obtains a certificate of occupancy and
the Lease commences, and further provided that Lessee shall not be in default of the terms of
this Lease or the Tripartite and Interlocal Agreement and exhibits thereto, the Lessee has the
option, within twenty (20) years after the effective date of the Lease Term, to purchase the
property under the terms set forth in Exhibit "B" hereto.
1
Holdover
2.02. If Lessee holds over after the expiration of the Lease Term and continues to pay rent
without objection from Lessor, then Lessee's tenancy shall be from month to month on all the
terms and conditions of this Lease.
Rent
2.03. Lessee shall pay rent to Lessor, without notice or demand and without abatement,
reduction, or setoff for any reason, at the office of Lessor or any other place that Lessor may
designate in writing. The rent shall be payable at the annual rate of One Dollar ($1.00) per
year payable on the commencement of this Lease and on each anniversary thereof. The
payments may be prepaid.
ARTICLE 3. USE AND CONSTRUCTION OF IMPROVEMENTS
Primary Use
3.01. Lessee shall have the right to use the Leased Land for the operation of a public library.
In this connection, and without detracting from the foregoing, it is understood and agreed that
the primary purpose for which the Leased Land has been leased is for the development and
construction of a public library. Any other primary use shall be subject to the consent of
Lessor in writing. Lessor's consent shall not be unreasonably withheld.
Lessee's Right to Construct Buildings and Other Improvements
3.02. Lessee shall have the right to construct structures, buildings, and other improvements
("Improvements.) on the Leased Land, at Lessee's sole cost and expense, with the prior
approval of Lessor. In connection with any construction, Lessee shall be permitted to grade,
level, and fill the land, remove trees and shrubs, install roadways and walkways, and install
utilities, provided all of the foregoing serve the Improvements erected on the Leased Land.
Lessor shall have no liability for any costs or expenses in connection with the construction of
Improvements on the Leased Land. The Lessor shall execute all consents necessary for
Lessee to obtain permits, licenses, utilities, etc.
ARTICLE 4. OPERATING COSTS AND IMPOSITIONS
Rent to Be Absolutely Net
4.01. The rent paid to Lessor in accordance with Article 2 of this Lease shall be absolutely net
to Lessor. This means that, in addition to the rent, Lessee shall be responsible for performing
and paying all "Operating Costs" and "Impositions" defined in Paragraphs 4.02 and 4.03,
below, in connection with the Leased Land, except for the costs, the City shall pay in
accordance with Article 7 for part of the Insurance, and the City's agreement to Repair, as set
forth in Paragraph 13.13.
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Definition of Operating Costs
4.02. "Operating Costs" shall include, but shall not be limited to, all expenses paid or incurred
in connection with the following activities except as modified by Article 7 or Paragraph 13.13:
(1) Repairs, maintenance, replacements, painting, and redecorating.
(2) Landscaping.
(3) Insurance.
(4) Heating, ventilating, and air conditioning repair and maintenance.
(5) Water, sewer, gas, electricity, fuel oil, and other utilities.
(6) Rubbish removal.
(7) Supplies and sundries.
(8) Sales or use taxes on supplies or services.
(9) Notwithstanding any other provision of this Lease to the contrary, the Lessee
shall be responsible for the payment of all ad valorem taxes and assessments, if
assessed.
(10) Costs of wages and salaries for all persons engaged in the operation,
maintenance, and repair of the Leased Land, including fringe benefits and social
security taxes.
(11) All other expenses, whether or not mentioned in this Lease, that are incurred
with regard to operation of the Leased Land, including any replacements if
necessary for repairs and maintenance or otherwise.
Definition of Impositions
4.03. "Impositions" shall include all fines and levies that result from construction activities or
the normal operation of the premises on the Leased Land, all real estate property taxes,
assessments, and other governmental charges that are laid, assessed, levied, or imposed on
the Leased Land and become due and payable during the Term of this Lease, or any lien that
arises during the time of this Lease on the Leased Land and Improvements, any portion of
these, or the sidewalks or streets in front of or adjoining the Leased Land and Improvements.
ARTICLE 5. LAWS AND GOVERNMENTAL REGULATIONS
Compliance With Legal Requirements
5.01. Lessee shall promptly comply with all laws and ordinances, and all orders, rules,
regulations, and requirements of federal, state, and municipal governments and appropriate
departments, commissions, boards, and officers of these governments (Legal Requirements")
throughout the Term of this Lease in a non-discriminatory manner, and without cost to Lessor.
Lessee shall promptly comply with these Legal Requirements whether they are foreseen or
unforeseen, or ordinary or extraordinary.
Contest of Legal Requirements
5.02. Lessee shall have the right, after prior written notice to Lessor, to contest the validity of
any Legal Requirements by appropriate legal proceedings, provided Lessor shall not be
3
subject to any criminal or civil liability as a result of any legal contest. Lessee shall indemnify
and hold Lessor harmless from all loss, claims, and expenses, including reasonable
attorneys' fees, as a result of Lessee's failure to comply with Legal Requirements or any
contest relating to Legal Requirements.
ARTICLE 6. LIENS AND ENCUMBRANCES
Creation Not Allowed
6.01. Lessee shall not create, permit, or suffer any mechanics' or other liens or encumbrances
on or affecting the Leased Land or the fee estate or reversion of Lessor except as specifically
permitted in this Lease.
Discharge After Filing or Imposition
6.02. If any lien or encumbrance shall at any time be filed or imposed against the Leased Land
or the fee estate or reversion of Lessor, Lessee shall cause the lien or encumbrance to be
discharged of record within forty-five (45) days after notice of the filing or imposition by
payment, deposit, bond, order of a court of competent jurisdiction, or as otherwise permitted
by law. If Lessee shall fail to cause the lien or encumbrance to be discharged within the
forty-five (45) day period, then in addition to any other right or remedy of Lessor, Lessor shall
be entitled but not obligated to discharge the lien or encumbrance either by paying the amount
claimed to be due or by procuring the discharge by deposit or by bonding proceedings. In any
event, Lessor shall be entitled to compel the prosecution of an action for the foreclosure of
any lien or encumbrance by the lienor and to pay the amount of the judgment for and in favor
of the lienor with interest, costs, and allowances if Lessor elects to take this action. All
amounts paid by Lessor and all of its costs and expenses in connection with the actions taken
by Lessor, including court costs, reasonable attorneys' fees, and interest at the highest legal
rate in effect at the time these moneys are due, shall be deemed to be additional rent under
this Lease and shall be paid by Lessee to Lessor promptly on demand by Lessor.
Lessor Not Liable for Labor,
Services, or Materials Furnished to Lessee
6.03. Lessor shall not be liable for any labor, services, or materials furnished or to be
furnished to Lessee or to any sublessee in connection with any work performed on or at the
Leased Land, and no mechanics' lien or other lien or encumbrance for any labor, services, or
materials shall attach to or affect Lessor's fee estate or reversion in the Leased Land.
ARTICLE 7. INSURANCE AND INDEMNITY
7.01. At all times during the Term of this Lease, Property Insurance shall be maintained as
follows:
The City shall maintain property insurance, or otherwise assume the risk, for the perils of all
risks in an amount equal to the replacement value of the building(s), as per updated code
requirements. The Lessee shall maintain property insurance for the perils of all risk in an
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amount equal to the replacement value of the contents of the building(s) and for the value of
improvements installed or acquired at the expense of the Lessee.
7.02. At all times during the Term of this Lease, General Liability Insurance shall be
maintained as follows:
City shall maintain general liability insurance, or otherwise assume the risk, for claims for
bodily injury and property damage arising from events occurring outside the buildings. Lessee
shall maintain general liability insurance in coverage limits of no less than One Million Dollars
($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate for
claims for bodily injury and property damage for events occurring inside the buildings. All
subleasees shall be required to provide insurance as set forth herein.
7.03 Other Insurance Requirements
A. Automotive Liability Insurance shall be as follows:
Lessee shall maintain owned, non-owned, or hired automobile liability insurance
in the amount of One Million Dollars ($1,000,000.00) per occurrence for bodily injury and
property damage, combined limits.
B. Worker's Compensation Insurance shall be as follows:
The Lessee shall maintain Worker's Compensation coverage in an amount equal
to the statutory limits as required by the State of Florida and including employers' liability
insurance.
C. Professional Liability Insurance shall be as follows:
Lessee shall require all design professionals engaged in restoration and/or
renovation of the property to have professional liability insurance in an amount acceptable to
the Lessor but at least $1 million per occurrence/annual aggregate.
D. Product Liablity Insurance:
Lessee and/or its subleasees shall maintain Products Liability Insurance in an
amount of at least one million dollars per occurrence
E. Liquor Liability :
If liquor is sold or consumed on the premises, liquor liability insurance shall be
required in amounts equal to the general liability limits.
Certificates of Insurance
7.04. Lessee shall fumish Lessor with certificates of all insurance required by this Article 7.
Lessee agrees that if it does not keep this insurance in full force and effect, Lessor may notify
5
Lessee of this failure, and if Lessee does not deliver to Lessor certificates showing all of the
required insurance to be in full force and effect within ten (10) days after this notice, Lessor
may, at its option, take out and pay the premiums on the insurance needed to fulfill Lessee's
obligations under the provisions of this Article 7. On demand from Lessor, Lessee shall
reimburse Lessor the full amount of any insurance premiums paid by Lessor, with interest at
the rate of twelve percent (12%) until reimbursement by Lessee. The Lessor shall be named
as an additional insured on all insurances required to be furnished by Lessee under this
Lease. The Lessor shall review and modify the terms and requirements of insurance, if
necessary, on a yearly basis. All policies or risks shall be covered by Lessor or Lessee and
subleasees in the amounts provided herein.
Indemnification of Lessor
7.05. Lessor shall not be liable for any loss, damage, or injury of any kind or character to any
person or property arising from any use of the Leased Land or Improvements, or caused by
any defect in any building, structure, equipment, facility, or other improvement on the Leased
Land, or caused by or arising from any act or omission of Lessee, or any of its agents,
employees, licensees, or invitees, or by or from any accident, fire, or other casualty on the
land, or occasioned by the failure of Lessee to maintain the premises in safe condition.
Lessee waives all claims and demands on its behalf against Lessor for any loss, damage, or
injury, and agrees to indemnify and hold Lessor entirely free and harmless from all liability for
any loss, damage, costs, or injury of other persons, and from all costs and expenses arising
from any claims or demands of other persons concerning any loss, damage, or injury, caused
other than by the negligent or intentional act or omission of Lessor.
ARTICLE 8. DAMAGE OR DESTRUCTION OF IMPROVEMENTS
Destruction or Forty Percent (40%) Damage
8.01. In the event that the Improvements are completely destroyed, or are damaged in excess
of forty percent (40%), due to any cause whatsoever, the Lessee may at its own expense
repair, restore, or replace the destroyed property if Lessee deems it practical or advisable to
do so, and this Lease shall continue in full force and effect. If Lessee deems it impractical or
inadvisable to repair, restore, or replace the destroyed property, this Lease shall terminate on
sixty (60) days' written notice to Lessor and any lender under Article 10 of this Lease.
Damage Less Than Forty Percent (40%)
8.02. In the event that damage to the Improvements due to any cause whatsoever is not in
excess of forty percent (40%), Lessee shall at its own expense repair, restore, or replace the
damaged Improvements with due diligence, and this Lease shall continue in full force and
effect.
Definitions
8.03. The phrase "completely destroyed" shall be construed to mean the destruction of the
safe, tenantable use of occupancy of all Improvements under this Lease. The phrase
"damaged in excess of forty percent (40%)" shall be construed to mean any damage to the
6
Improvements (excluding damage caused solely by water used in extinguishing fire) that will
require an expenditure in excess of forty percent (40%) percent of the market value
(immediately prior to the damage) of the Improvements to accomplish required repairs,
restoration, or replacement.
ARTICLE 9. CONDEMNATION
Interests of Parties
9.01. If the Leased Land and Improvements or any part of these premises is taken for public or
quasi-public purposes by condemnation in any action or proceeding in eminent domain, or is
transferred in lieu of condemnation to any authority entitled to exercise the power of eminent
domain, the interests of Lessor and Lessee in the award or consideration for the taking or
transfer and the effect of the taking or transfer on this Lease shall be governed by Florida Law
and subject to the provision of Section 9.02 below.
Termination on Taking
9.02. If all or substantially all of the Leased Land and Improvements are taken or transferred
as described in Paragraph 9.01, this Lease and all of the rights, title, and interest under this
Lease shall cease on the date that title to the Leased Land and Improvements vests in the
condemning authority.
ARTICLE 10. LEASEHOLD MORTGAGES
Leasehold Mortgages Prohibited
10.01. Except as specifically provided otherwise in this Lease, Lessee shall not be permitted
to mortgage Lessee's leasehold interest in the Leased Land or Buildings without Lessor's
consent or approval.
ARTICLE 11. DEFAULT
Events of Default
11.01. (a) Anyone or more of the events listed in Subparagraphs (b) through (f) of this
Paragraph 11.01 shall constitute a default under this Lease.
(b) Lessee's failure to pay rent within sixty days (60) after the rent becomes due
and payable in accordance with the terms, covenants, and agreements of this Lease shall
constitute a default under this Lease, provided however, the Lessor shall give written notice of
default and permit the Lessee to cure the default within ten (10) days of written notice.
(c) Lessee's failure to observe or perform or cause to be observed or performed
any other term, covenant, or agreement under this Lease, and the Tripartite and Interlocal
Agreement and exhibits thereto, the Security Agreement and the Promissory Note, and
continuation of this failure for a period of ninety days (90) after Lessor's written notice to
7
Lessee specifying the nature of Lessee's failure shall constitute a default under this Lease.
However, a failure as described in this Subparagraph (b) shall not constitute a default if it is
curable but cannot with reasonable diligence be cured by Lessee within a period of ninety (90)
days, and if Lessee proceeds to cure the failure with reasonable diligence and in good faith.
(d) Lessee's abandonment of the Leased Land and Improvements shall constitute a
default under this Lease. For the purposes of this Lease, "abandonment" shall be defined as
Lessee's failure to begin construction of Improvements within eighteen (18) months following
the date of this Lease.
(e) The occurrence of both of the following events at the date of the commencement
of this Lease or during its effective Term shall constitute a default under this Lease:
(1) Filing of a petition in bankruptcy or insolvency, for reorganization or the
appointment of a receiver or trustee of all or a portion of Lessee's property, by or against
Lessee in any court pursuant to any statute either of the United States or of any state.
(2)
after its filing.
Lessee's failure to secure a dismissal of the petition within sixty (60) days
(f) Lessee's assignment of the leasehold interest under this Lease for the benefit of
creditors shall constitute a default under this Lease.
Notice of Election to Terminate Lessee's Possession
11.02. Subject to the provisions of Article 11, if any event creating default occurs, Lessor may
elect to terminate Lessee's right of possession under this Lease after three hundred sixty
(360) days from the date of service of notice of the election. If this notice is given, all of
Lessee's rights, title, and interest in the Leased Land and Buildings shall expire completely at
the expiration of the three hundred sixty (360) days, and Lessee shall quit and surrender the
Leased Land and any Improvements erected on the Leased Land to Lessor.
Lessor's Entry After Termination of Lessee's Possession
11.03. At any time after the termination of Lessee's right of possession under this Lease
pursuant to Paragraph 11.02 of this Lease, Lessor may enter and possess the Leased Land
and Improvements by summary proceedings, ejectment, or otherwise, and Lessor may
remove Lessee and all other persons and property from the Leased Land and Improvements.
If Lessor takes the actions described in this Paragraph 11.03, Lessor may then possess the
Leased Land and Improvements and assume the right to receive all rents, income, and profits
from the Leased Land and Improvements, and Lessor may also sell any of the improvements.
Lessee's Liability for Accrued Rent
11.04. The expiration of this Lease or termination of Lessee's right of possession pursuant to
Paragraphs 2.01 or 11.02 of this Lease shall not relieve Lessee of its liability and obligation to
8
pay the rent and any other charges accrued prior to these events, or relieve Lessee of liability
for damages for breach. These liabilities and obligations of Lessee shall survive any expiration
or termination of the Lease or any entry and possession by Lessor.
Reletting Land and Improvements
11.05. After the expiration of this Lease or termination of Lessee's right of possession under
this Lease pursuant to Paragraphs 2.01 or 11.03, Lessor shall use reasonable efforts to
mitigate damages by reletting the Leased Land and Improvements, in whole or in part, either
in its own name or as agent of Lessee, for a term or terms that, at Lessor's option, may be for
the remainder of the then-current Term of this Lease or for any longer or shorter period.
Rent From Reletting
11.06. Lessee shall be entitled to a credit if the rent received on reletting exceeds the rent
required pursuant to this Lease. Lessee shall remain liable for the difference between the rent
reserved under this Lease, and the rent collected and received, if any, by Lessor during the
remainder of the unexpired term. Lessor shall have the option of collecting the deficiency
between the rent reserved and the rent collected in monthly payments as these payments
become due and payable, or of receiving in advance the deficiency for the remainder of the
Term reduced to present value at the rate of twelve percent (120x) per year.
ARTICLE 12. EXPIRATION OF TERM
Lessee's Delivery of Possession After
Termination or Expiration
12.01. On the expiration date of this Lease as set forth in Paragraph 2.01 of this Lease, or the
termination of Lessee's possession under this Lease pursuant to Paragraph 11.03, or any
entry or possession of the Leased Land and Improvements by Lessor pursuant to Paragraph
11.03 (collectively referred to as the "Expiration Date"), Lessee shall promptly quit and
surrender the Leased Land and Improvements, and deliver to Lessor actual possession and
ownership of the Leased Land and Improvements in good order, condition, and repair.
Lessee's Removal of Movable Objects
12.02. Lessee shall have the right to remove from the Leased Land and Improvements all
movable trade fixtures, movable equipment, and articles of personal property used or procured
for use in connection with the operation of its business on or before the Expiration Date,
provided that Lessee shall promptly repair, or cause to be repaired, any damage resulting to
the Leased Land or Improvements by reason of this removal. Any trade fixtures, equipment, or
articles of personal property of Lessee that remain at or on the Leased Land after the
Expiration Date shall be deemed to have been abandoned by Lessee, and may either be
retained by Lessor as its property or disposed of by Lessor without accountability to Lessee
for the value of these trade fixtures, equipment, or articles of personal property, or any
proceeds derived from the sale of these items.
9
ARTICLE 13. GENERAL PROVISIONS
No Waiver of Breach by Lessor's Actions
13.01. The failure of Lessor to seek redress for violation of, or to insist on the strict
performance of any covenant, agreement, term, provision, or condition of this Lease shall not
constitute a waiver of the covenant, agreement, term, provision, or condition. The receipt by
Lessor of rent with knowledge of the breach of any covenant, agreement, term, provision, or
condition of this Lease shall not be deemed a waiver of that breach.
Waiver of Any Provision Must Be Written
13.02. No provision of this Lease shall be deemed to have been waived, unless the waiver is
in writing and signed by the party against whom enforcement is sought. No payment by
Lessee or receipt by Lessor of a lesser amount than the rent stipulated in this Lease shall be
deemed to be other than for the payment of rent or other charge owing by Lessee, as Lessor
shall elect. No endorsement or statement on any check or any letter accompanying any check
or payment as rent shall be deemed binding on Lessor or deemed an accord and satisfaction,
and Lessor may accept a check or payment from Lessee without prejudice to Lessor's right
to recover the balance of the rent or other charges owing by Lessee, and without limitation on
Lessor's right to pursue each and every remedy in this Lease. Each right and remedy of
Lessor provided for in this Lease shall be cumulative and in addition to every other right or
remedy provided for in this Lease, or now or later existing at law, in equity, by statute, or
otherwise.
Entire Agreement
13.03. This Lease and the Exhibits annexed to this Lease contain the entire agreement
between Lessor and Lessee, and any agreement made after the execution of this Lease
between Lessor and Lessee shall be ineffective to change, modify, waive, release, discharge,
terminate, or effect a surrender or abandonment of this Lease, in whole or in part, unless that
agreement is in writing and signed by the party against whom enforcement is sought.
Notices
13.04. All notices and demands of any kind that either party may be required or may desire to
give to the other in connection with this Lease must be given by registered or certified mail,
return receipt requested, with postage fully prepaid, and addressed to the party to be served at
the party's address as set forth above. Any notice shall be deemed received on first attempted
delivery. Any party may change the address to which notices to that party are to be directed by
notice given in the manner provided in this Paragraph 13.04.
Lessor's Entry and Inspection of Premises
13.05. Lessor, or its agents or designees, shall have the right to enter the Leased Land and
Improvements during reasonable business hours for inspection, or to complete any work that
may be necessary because of Lessee's default under any of the terms, covenants, and
10
. .
conditions of this Lease continuing beyond the applicable periods of grace, or to exhibit the
Leased Land and Improvements to potential buyers and agents.
Partial Invalidity or Unenforceability
13.06. If any term, covenant, or condition of this Lease shall be invalid or unenforceable to any
extent, the remainder of the terms, covenants, and conditions of this Lease shall remain in full
force and effect and shall in no way be affected, impaired, or invalidated.
Meaning of Term "Lessor"
13.07. The term "Lessor," as used in this Lease in relation to Lessor's covenants and
agreements under this Lease, shall be limited to mean and include only the owner or owners
of the fee title to the Leased Land at the time in question. In the event of any conveyance of
this fee title, Lessor named in this Lease and each subsequent grantor shall be automatically
relieved, at the date of the conveyance, of all liability in respect to the performance of any of
Lessor's covenants and agreements remaining to be performed after the date of conveyance,
and each grantee shall be bound by all of the covenants and agreements remaining to be
performed under the Lease during the time of grantee's ownership.
Satisfaction of Judgment Against Lessor
13.08. Anything contained in this Lease to the contrary notwithstanding, Lessee agrees to
look solely to the Leased Land and Lessor's interest in the Leased Land for the collection and
satisfaction of any judgment that Lessee may obtain against Lessor because of Lessor's
failure to observe or perform any of its covenants or obligations under this Lease, including,
but not limited to, the breach of the covenant of quiet enjoyment, whether express or implied. If
Lessee receives any judgment resulting from Lessor's failure to observe or perform any of its
covenants or obligations under this Lease, Lessee further agrees not to collect or execute, or
attempt to collect or execute, that judgment out of or against any other assets or properties of
Lessor.
Individuals Benefited by Lease
13.09. This Lease shall inure to the benefit of and be binding on Lessor and Lessee and their
respective distributees, personal representatives, executors, successors, and assigns except
as otherwise provided in this Lease.
Assignment and Subletting
13.10. This Lease and the Term and estate granted by this Lease, or any part of this Lease or
that Term and estate, may not be subleased or assigned, without Lessor's written consent
which such consent may not be arbitrarily withheld.
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Attornment of Sublessee
13.11. All subleases shall provide that in the event of cancellation, termination, expiration, or
surrender of this Lease, the sublessee will attorn to and recognize Lessor, or any assignee of
Lessor, as Lessor under this Lease for the balance then remaining of the Term of this Lease,
and subject to all terms of this Lease The provisions of this Paragraph 13.11 shall be
automatic and no further instrument or document shall be necessary unless required by
Lessor or any assignee of Lessor.
Quiet Enjoyment
13.12. Lessor covenants and agrees that Lessee, on payment of the rent and other charges
provided for in this Lease and fulfillment of the obligations under the covenants, agreements,
and conditions of this Lease, shall lawfully and quietly hold, occupy, and enjoy the Leased
Land during the Term of this Lease without any interference from anyone claiming through or
under Lessor.
TO KEEP IN REPAIR AND GOOD CONDITION
13.13 The City and Lessee shall keep the Leased Premises, including the improvements as
therein, in good condition and repair to the extent herein provided. Good repair shall mean the
condition of the improvements as existed at the time of the entry into the Lease or at the time
the improvement is completely constructed, normal wear and tear excepted.
The City shall maintain the exterior walls, parking lot, exterior landscaping and
irrigation, walkways, roof, heating and air conditioning and other structural components. The
City shall maintain the exterior lighting and all other equipment shall be maintained by
Lessee. Lessee shall furnish all necessary janitorial, cleaning, and pest control services;
shall provide all care and maintenance to the structures located on the property not otherwise
expressly stated herein as a duty of the City, and provide all interior renovation or
redecoration not involving major structural changes.
ARTICLE 14. DOCUMENTATION AND RECORDING OF LEASE
Memorandum of Lease and Recording
14.01 As soon as practicable after execution of this Lease, Lessor and Lessee shall execute,
in recordable form, a Memorandum of Lease and Lessee shall record the Memorandum of
Lease in the Public Records of Palm Beach County, Florida.
ARTICLE 15. OPTION TO PURCHASE
15.01 The Lessee shall have an option to purchase the subject property for One Dollar
($1.00) at any time after twenty (20) years from the effective date of this Lease by providing an
executed Contract for Sale and Purchase in form as attached to this Lease as Exhibit B
12
provided the Lessee shall not be in material default of the Lease that remains uncured or the
Tripartite and Interlocal Agreement and exhibits thereto.
IN WITNESS WHEREOF, Lessor and Lessee have executed and signed this Lease or
have caused this Lease to be executed and signed on
WITNESSES:
LESSEE:
DELRAY BEACH PUBLIC LIBRARY
ASSOCIATION, INC.
By:
Print Name:
Title:
ATTEST:
By:
(Corporate Seal)
Secretary
STATE OF FLORIDA
COUNTY OF PALM BEACH
I certify that on this day of , 2005, of the Delray Beach
Public Library Association, Inc., _ who is personally known to me or _ who produced
as identification and that he or she signed and delivered
this instrument as the officer of the named corporation, and that this instrument is the
voluntary act and deed of that corporation as authorized by its Board of Directors.
Notary Public-State of Florida
LESSOR:
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
ATTEST:
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
I certify that on this day of , 2005, Jeff Perlman, as
Mayor of the City of Delray Beach, _ who is personally known to me or who
13
produced as identification and that he signed and delivered
this instrument as the officer of the named corporation, and that this instrument is the
voluntary act and deed of that corporation as authorized by its Board of Directors.
Notary Public-State of Florida
14
. .
EXHIBIT A
TO LEASE
Lots 1 through 4, Block 53, TOWN OF LINTON, (now Delray Beach), according to the Plat
thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida,
less the right-of-way for West Atlantic Avenue.
15
.,
, .:J'
EXHIBITB
TO LEASE
CONTRAct ll'gJl SALE AND PURCllASI
PARTIES: CITY OF DELRAY BEACH. ("ScllCl"'), of 100 N.W. 1st Avcmue, Delray
Beach, Florida 33444 (Phone: S61-243-7000), and DELRAY BEACH PUBUC LIBRARY
ASSOCIATION, INC., ("Buyer"), of
(Phone: ) hereby agree that the Scller sbaI1 sell and the Buyer sbaI1 buy the
following described Real Prope.ty and Personal Property (collectively "Pronertv"> upon the
following terma and conditioos, which INCLUDE the Standards for Real Estate (''StJUld~j
on the reverse side hereof or attached hereto and ridCIll and any .....(1"'"". to this Contract for Sale
and Purchase ("Contract''). .
L DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County, Florida:
loti 1 through 4, Block S3, TOWN OF LINTON, (now Delray Beach), sccordins
to the Plat thereof s recon:Ied in Plat Book I, Page 3, Public Records of Palm
Beach County, Florida, less the right-of-way for West Atlantic Avenue.
(b) Street address, city, zip, of the Property is:
(c) Personalty:
n.
PURCHASE PRICE: ....................................
PAYMENT:
$ .1.QQ
m TIME FOR ACCEPTANCE; EPFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUIlON communicated in writing betwecm the
parties on or before . this offer will be withdrawn. The datC of Contract
(''Effective Datej will be the date whcm the Buyer gives notice of itl exercise of the option to
purchase under that certain GroUDd Lease betwecm the Seller and the Buyer. A facsimile copy of
this Contract and any signatures thereon sbaI1 be considered for all purposes as originals.
N. TITLE EVIDENCE: Within twenty-one (21) days after the effective date of this
Contract, (CHECK. ONLY ONE): 0 Seller shall, at Seller's expense, deliver to Buyer or Buyer'.
attorney; OR 0 Buyer shall, at Buyer's expense obtain (CHECK ONI.. Y ONE): 0 abstract of
title or (2) 0 title insurance commitment (with legible copies of instruments listed as exceptions
attached thereto) and, after closing, an owner'. policy of title insurance.
V. CLOSING DATE: This transaction shaIJ be closed aDd the deed and other closm,
papers delivered on not sooner than thirty (30) da}l after Buyer'. exercise of the option to
purchase and not 1ater than one hlDldred fifty (ISO) da}l after Buyer'. exercise of the option to
purchase unless modified by other provisions of Contract. In anyevcmt the Seller would be givcm
at least fifteen (IS) da}l advance written notice.
.' .
. ..
.. .
'. .
" .
VI. RESTRlCDONS; EASEMENTS; LIMITATIONS: Bu}ar sba11 take title subject to:
comprehensive 1aad use p!anl, 7.011;"& restrictiODl, prohibitiOllllllld othllr requircmenta i""lp^"ed
by governmental authority; restrictioDl lIIId matters appearing on the plat or otherwise common
to the subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines lIIId not more than 10 feet in width 81 to the rear or front lines lIIId 7 ~ feet in
width 81 to the side 1ines, UDlO8l otherwise specified herein); taxes for yar of closiug lIIId
subsequent years; assumed mortgages lIIId purchase money mortgages, if any (if additional items,
see Rtfilendum); provided that there exists at closiug no violation of the foregoing lIIId IlOIIe
prevent use ofP1c..~ for public library pIIIp08es.
VB. OCCUPANCY: Sellar W8Il'IIIt8 that there are no parties in occupancy other than Seller,
but ifProparty is iDt....d"'CI to be rented or occupied beyond closing. the fact and terms thereof lIIId
the tenant(s) or occupants sba11 be disclosed Pursuant to Standard F. Sellar sba11 deliver
occupancy of Prope.1y to Buyer at the time of closiug UDlO8l otherwise stated herein. If
occupancy is to be delivered before closing. Bu}ar assumes a1I risk of loss to Propeay from date
of occupancy, sba11 be responsible lIIId liable for maiDt....JIft..~ from that date, lIIId sba11 be
deemed to have accepted Property in its existing condition 81 of time of taking occupancy IIIIleas
otherwise stated herein.
VIII. TYPBWlUTl'EN OR HANDWRlTrEN PROVISIONS: Typewritten or handwritten
provisions, riders and 'ldd.....ta sba11 control a1I printed provisiOlll of this Contract in contlict with
them.
IX. RIDERS: (CHECK those Riden which are applicable AND are attached to this
Contract):
a)O "As Is"
x. ASSIGNABn.ITY: (CHECK ONLY ONE): Buyer (1)0 may assign lIIId thereby be
released from 8llY tbrthar liability UDder this Contract provided that the assignment must occur at
least ten (10) . prioI: to closing.
XI. DISCLOSURES:
(a) Radon is a DaturalIy 0CCIIIJ'iDa radioactive gas that. when accumulated in a
builtli'lg in sufficiaJt quantities, may present health risb to perBOIII who are
exposed to it ovar time. Levels of radon that exceed federal and state guidelines
have been found in blli)d;",. in Florida. Additional infotmation regarding Radon
or Radon testing may be obtained from ytllU' County Health unit
(b) Buyer may have determinccl the energy efficiency rating of the residential
building. if any, is located on the Real Property.
(c) If the Real Prope.1y includes pro-l978 residential housing. then Paragraph X(h) is
m.....datory.
XII. MAXIMUM REPAIR COSTS: Sellar sba11 not be responsible for payments in execas
of:
(a) S-O-for lrP.Atn1aJt and repair under Standard 0 (ifblanIc. then 2% oCthe Pun:hase
Price).
(b) S-O-for repair lIIId replacement under Standard N (if blanIc. then 3% of the
Purchase Price).
xm. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attached
addendum and CHECK HERE 0
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DELRAY BEACH PUBUC LIBRARY
ASSOCIATION,INC.
Buya'
Social Security
or Tax m No.
Date
CITY OF DELRAY BEACH, FLORIDA
Seller
Social Security
or Tax m No.
Date
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ADDENDUM TO CONTRACI' FOR SALE AND PURCIIASB
SP.T.T .~ CITY OF DBLRAY BEACH
BUYER.: DBLRAY BEACH PUBUC LIBRARY ASSOCIATION, INC.
PROPERTY ADDRESS:
XIV. SPECIAL CLAUSES (Continued):
A The property is being sold in ita "u is" condition.
B. The parties WlIIIlIDt BDd agree that there is 110 broker involved in this transaction.
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STANDARDS FOR REAL ESTATE TRANSAClIONS
A. EVIDENCE OP 1Tll..B: (1).AD'- of title ...~.d ~ brouabt cummt by . repu1able IDd eziIliDi
abetnct finD (if DOt exiatiDa tbea cerlifiecl U Comctby'lD axialiDa finD) purportiDa to beu lICCUraIIl syaopeiI of the
iDalrummda aft'ec:l:iDa tide to Real Property rec:onW in !be public reconII of !be COUDty wbereiD Real Property ia
localed, throuab Btfec:ti.w Dale. It sbal1 c--,..._"",o wilh !be earIieIt public recorda, ~ such Ialer dalIl u may be
cua10mary in !be COUDty. Upoa c10aina oflbia CODtrIct, !be aba1nct sbaD become the I"u~ of Buyer, subject to
tbe ript of ...~ tbmeof by firIt IIllIrtpp UIIIiJ tbI1y Paid: (2) !be title m.n......-. <.......:,....nt iuued by .
PIorida 1icemed tide iDaunr aaneiDlto __ to Buyer, UJIOIIlllCCIrdiDa or !be deed to Buyer, ID 0WDeI'I po1il:y of
tide iDIuraDce in tbe IDIllUIIt of !be purchue price, iDmriDa Buyma title to Real P\.~, subject oa1y to IieaI,
eacumbnDceI, =:eptiolll ~ quaIi1ica1ioD provided in lbia COIIInIct IDd thole wbich sbal1 be dircharpd by SeJIer at
or beConl c!oliq. Se1Ier sbal1 convey . IIIUbtabJe title subject oa1y to IieIII, eJICIIDIbnDcea, exceptioIII ~
quaIi1icatioDa set CordI in CoaIract. Marbtable tide sbaD be do....wh..cI accordiDa to applU:able Tide S1mIudI
IdoptecI by aulboriIy ofTbe PIorida Bar IDd in ICCOl'dance wilh law. Buyer sbaU have 30 daY'. if abetnct, ~ S daY'.
if tide Co-.-..:', -. liom dalIl of IeCOiviDa evidace of tide to -...,;"" it. If tide ia fouad detective. Buyer shall,
. witbiD 3 cIaya ~,1lOtifY SeDer in wriIiDa speciCyiDa cleCect(a). If!be ddlct(a) radar tide 1IDDII!tetable, Se&r
win have 30 day* 110m receipt ofDOtice to _!be ddlct(1). DiIiD& which Buyer shall, witbiD five (5) daY' aIler
expire1ioD orthe thirty (30) daypcriod. deliver wriIIIeaDOtice to SeDer ei1ber: (1) ~!be time Cor. reuoaable
period DOt to exceed 120 daY' witbiD wbich SeDer sbal1 we cIiliaeat elbt to _ !be deCectI; ~ (2) requcatiDa .
re1\md or depoIil(a) paid which sbal1-....ly be .a.......d to Buyer. ICBuyer faiIa to 10 IIIlIi1Y SeDer, Buyer sbal1
be deemed 10 have acc:epled the title u it tbea fa. SeDer shall, if tide ia Colmd 1I1ll.-.hlable, uae diIigeDt cftbrt to
c:onect def'ect(l) in title witbiD the time provided 1beIeCor. If SeDer ia IJIIIbIe to timely conect the det"ectl, BII)"II'
sbaU citber waive the dct"ectl, 01' receive . IetImd or dcpoai1(l), dlercby ,...1....;,,1 Buyer IDd Sellcr liom alllbrtber
oblip1ioD UDder 1hiI ConIract.
B. PURCIIAD MONEY MORTGAGE; SECURITY AGREEMENT TO !lIlT.T n: A puzclwc IIIOIIa)'
IIIOTtp&e IDd mor1pp IIOIe 10 SeDer sbaU provide Cor . 30 day pace period in the cveut or dcCault if . firIt
IIIOTtp&e 1Dd. 15 clay pace period if seccmd or *- mortpp; sbaD provide Cor ript or PfCIl&ymeat in wbole 01'
in part without pcu1ty; sbal1 permit acceJcratioD in eveat of InIIICer orthe Real Property; sbaU requiTe all prior lieD
IDd llIIC1IIIIbnace to be kept in aood IIaDdiDa IDd tbrbid mndifi(oftlm.. of or tblure advaDcea UDder prior
mortaaF{l);sbaU requiTe Buyer to ....;"..111 po1iciea of iDsunmce """"'"'"" . I1IDdaJd DIlIrtppe c1auae c:overiaa
an iqlIovemcDlIloca1ecl on the Real Property ap.iDat file IDd an periJaiDcludcd witbiD the Iarm .-.....1... covcnae
eJJdonemeD1I' IDd such otber riab IDd pcrila u Seller may reuoaably require. in ID IIDIOUId cqualto their hiabeat
iDaunble value; IDd the 1IIOTtp&e, D01e IDd accurity Ipcmmt sbaU be o1hcnriac in t'om1lDd CODtcDI required by
Seller; but SeDer may oa1y requiTe c1auaa cuatomarily Colmd in 1IIllrIppa, mortpp IIOIe1, IDd accurity ~
pucraIly utilized by saviDa IDd !olD iDftmmcma 01' IIla1Il 01' ua1ioaa1 b8IIb loca1ed in the COUDty wbniD Real
P\.upw1y ia Ioc:a1ed. AD Pcracma1 Property IDd Jeua beioa ccmwyecl 01' uaiaDed wiD, It SeIler'I opIioa, be subject to
tbe lieD or. accurity qrccmem eYideDced by rccoafed fiuaDcibj .- If. bal100D IIIOl1pgc, the final paymoat
win exceed !be periodic paymeDIa tber-.
c. SURVEYI Buyer, at BuFa cxpeuac. wi1biD time allowed to deIivcr evidace or title, may have Real
Property surveyed IDd certified by . reptered Florida aurvcyor. If the mrvcy diJclosca eIICIftO<'- OIl tbe Real
PrOjlCl1y 01' that improv_ located tbaeon eDCTOICb on sc1back liDea, elI~ 1auda or o1bcn, 01' violale lIlY
rea1ril:1ioDa, ConInct covCDaldll 01' applicable IC".......-Ild tep/aIioa, the SIDIlI sbal1 couaIi1u1e . tide defect.
a 'J&IURKI. ~ It""'.,,- T~ wHIIiB ~ allewi.. "t. _":.1_-, sf"'" te ----.:......- ~ -,
-y hit.. Rail PJr~..,. ..,1I".Ity. F1eri41 ~~"r.. Put (;1&._1 0,.... f~"'" te .L: . - if... it
lIlY -MillI. 11M ~ '. iUr---':- . 'tWit ...... .J--~r i.-. ~ '",- iell-t-.o.!Mlia.. PIs,..,. If ...... 81
~a. IN 1__......,. will haw t ..~ h. .J_",- .fll-=.w- ..til, .....flilli.. -,;....:-'-.. MW .... sl.,.o- A. if
..,....:...14 . .0.-' '" .. 0,.... aM . .._-~.- ..,..... .... ._' ...... """ . Ii,-- . L....':U_ 81 I -.l
I A,adll. ilk aL.npey'!JlillIU"._ "----" "'I1'~ BlaH .1_--1' 19.... -- _1'1'81":..1,. ia~~
~,). 11._' ... f .... ...... ... --_.lhiyIr _I.." ... aM Sf- .'-nan.. ... CSIIRut wiIhia I .,.
.....11.... el.......... fJ," I . "'- hy iRw, WIi_ ..tie. tel.U..lhiyIr _y .1... te ,.llItI witIa..
"V ...:" ...II....~. ...... I'rr, sf. ---..,....~... .p....JPk XDl(I)~ ~....:~ _1.._" II. 1I._,f
.. ..WI all 'it 88. "8)'" 8"-:~ ..... tell. n,an.I'-.l- 1M Flena PI" CSIHIeJ .\8\ II ---tll.
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L INGRISS AND Ef3I"lJS: Sen. WIIIIIIII IIId repIeIeIdI !bat tbae is iDpu IIId eaz- to tbe Real
Property 11IR!ci-t for the ~ use u deIcribed ill PIIIlJIBph VU heno( title to whidl is ill ICCOIdm:e wilh
SlaDdud A.
.. kn~~~_ ~~;::.~'-.~:~ ~_~:-: ~ ::';';:'~~I'I~~~~~:
=':;I~~~ ... al__il; '''1_ ,ai''''' ~ . II ion. is ._-Lla .. elI_ ... 1..... ..;~~*-:--;. ::
.--- . ~ .'- .L." 11. "_'.L_''''' S-"-.. Bw;w T............. ~ ,1Iie. is ilia f llBfa S.JIaIIt . --lit,
~ ~~ ~. . ~ 6- -'- ... .-.Jl_ .1Il :..~-~... i-~. _1._, .. eh-' & ~;.'... --~r -.
8PI' I hlBn .. Ba)w.
G. IBNS: Seu. sbIJJ tbmiab to Buyer at time of clOIiaa u afIidavit IIImiDa to !be ."""-, 1IIIIeu
otherwiae povvided for bereia, of my -...., ~1NtleaIa, cJaime of Ilea ~ poleatW IieDon Imovm to Sen. IIId
tbrtber IIImiDa tbat tbae have beea 110 iD\-u.__ ~ repaiD to Property for 90 clays ;""".,m.te1y JlIllCediua dUe
of cIoIiDa- If ~~ baa beea iqlroved, ~ repaired wi1hia that time, Seller sbIJJ deliv. releua ~ waiven of
mer.hom..... IieaI es:ectJted by aD a-aJ CODIncton, subccmIracton, suppIien, IIId ~ ill additioa to
Seller'a Ilea aflIcIavlI IIeltiDa forth tbe names of aD such geaenl CODtnctora, subc:ouIncton, IlIJlPIien eud
materiaImea IIId tbrdIer .Ri....... !bat aD chapa I~ impovemeall cr repaira whidl could laVe U a buia for.
-hnn..'a lieD cr . claim for d_r- have bclIIl paid ~ wiJl be paid at cbiaa of tbia Comnct.
R. PLACE OJ' CLOSING: CIoeiua IIbaD be beId ia !be COUIIly wben Real ptOj-1y is 1ocatod, at !be oftlce of
the atlomDy cr olber cIo&iDa ... "-ir'-' by SeDer.
L '1'DD: In -T'" time pcriocIa of. tba six (6) claY'. SalunlaY'. Sullclays IIId sIa1e cr nm.....11ep1
holidays shaD be ..."h'<led ADy time periods povvided for bereia which shaD eud OIl Salunlay, SuIIday cr 1ep1
holidaya1aD ex1lmd to 5:00 p.m. of !be Dellt busiDeu day. Time is of!be __ ill thiI Comnct.
3. DOCUMENTS ll'OR CLOSING: SeDer shaD tbmiah deed, bill of sale, COIII1ructioa IicD affidavit,
OWDllI"I poIlealiOll aftldavit, ...;.....-0.. of 1euea, teJwd IIId IIIll11psee eatoppe1 IoUen, IIId conective
iIIa.._ B~ shaU fbmiab c10aiaa m--. mortpp, mortaaae oote, IeCIIrily .pemDelII, IIId 1m.....,
s1a-
K. EXPENSES: Doco",,-..... t I1ampI OIl !be deed IIId reccmtiaa comctive iDIIrumema abaD be paid by
Sen.. Doeo'n..",..t I1ampIIIId -..."'" tax OIl !be pun:hue IIIOIIlly mortpae IIId my mortpae ......-l, IIId
reccmtiaa pun:hue IIIOIIlly mortpae to Seller, deed IIId -..." ........... sbIJJ be paid by Buyer. UnIeu
otherwiae providccl by law or rider to thiI CoaInct, chapa for !be followioc related titJe aervicea, IIIIIIDIy titJe or
abalnct cbarp, titJe ....~ IDll --.. IDll clOIiaa fee, abaD be paid by !be party ~..'hle for
l\Iml..., the titJe evideDco ill accOrdace wilh PIIIlJIBph V.
L. PRORATIONS; CREDITS: TlIlleI, ...: 1_...... relit, iaIereIt, iaauraDce IIId 0'- expelllCllIId rev_
of Property abaD be plo."w tbrouah clay before cJociDa. Buyer abaD have tbe op1ion to taIdDa 0_ my exia1iI!a
policiea of iDaurImce, if ....~hle, ill which event p.....uiuu. abaD be prulllod. Cub at clOIiaa abaD be iDcreuecI cr
decreuecI u may be noquired by proratioaa to be IIIIde 1brouah clay priOI' to clOIiaa ~ 0CClIpIIICy if 0CClIpIIICy
occun before cJosiDa. AdvuIce reDt IIId ICClIIity .,.,...... will be aedi1ed to Buyer. Eacrow depoaiD bold by
IDllI1p&ee will be aedi1ed to SeDer. Tuea abaD be JlIo<looliod buecI OIl !be cumm ~ tax with due aDo_1IIIde
fi1r ...._un allowable diacouat, homeato..d IDll otber ....~ If cJoliDa occun at . dUe wbm the c:ummt
yeatl miIIap is IIlIt fixed, IIId cumm ~ 1..- flue/<'- ia .vaiIab", IUeI wiJl be prorated buecI upoa such
...--1IId !be priOI' yatl mil1~r If CUImIt yeu'a ..,--~'1t is IIlIt .vailable, tben IUeI will be prorated OIl
the priOI' yatl tax. If lbere are comp1etecl ~ OIl Real Property by llU1UU)' lit of year of cloliDa. which
improvemImlI wen IIlIt ill exia1nce OIl llU1UU)' 1st of !be priOI' year, tbea IUeI abaD be prorated buecI upoa !be
priOI' yatl miIIap IIId at In equitIIblc 11.- ~IJI to be agreed IIJlOD ~ !be puIiea, faiIiDa which, request will
be IIIIde to tbe CouIIty Property AppniI<< for In iDfom1aJ un ._.of 1IIJdna into cOJllideratioa available
....~ ADy tax poraIioe buecI OIl In ealimaIr: IbaD, at request of eitber party, be readjuatecl upoa receipt of
tax biD OIl coaditioa tbat . s1a- to tbat etfect ia Iigaed at cJosiDa.
M. SRCIAL ASSESSMENT LIENS: Certi&d, "...1'lnno(I1IId IlIIified 1pllCia1_1iea1 u of dale of
cJoliDa (1IlIt . of Bll'ective Dale) are to be pUt by Sen.. PeadiDa IieIII u of dale of cJoliDa abaD be ......-1 by
Buyer. If !be iqxoveoat baa bclIIl subs1aDtiaDy compIetecl u of BtTective Dale, my peDdiua IicD IhaI1 be
~....;"-d . certifted, cnnfinnecl ~ IlIIified IIId Sen. IbaD, at cloliq. be cbaraed In lIIDOUIIt equal to !be last
eIlimaIe of III - .., for !be iu.,.u.CIDlllIIt by tbe public body.
~ ~!!:..~~~~~~~Wlli'IBH".Jia1 S.U._ oL.t, II Ifl9 ~........ Ilr"""'.. 1M
~:~~.:-~::.~~:;;;~~~I~I;:~-~~~..~Ii:~;::r~:~~
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,..~ . "":--11. _-'---"-1" r. LU'" Il ..tt~& ,hlllifl~ fL-L.. "11 _ 1M ---.... ~. .. ..
WOR.KING OOHDmOK TIll fer'I'" ___Y ~'-_n ~..' " ..Ita 1M :.. J L~ 'PI ~~r. __1_.. ....... ,11- ..:;.
ia _ ....1_...._ ~ -r. It Bu)Wt.. T~ _-JI i..,nft. -..IT If Atll :.. ,y... . ....:.L..11
......:.':-.:.... ia L ....~Tln aM ...1.1 _ 8'" .&.!TRll li._. fer Ill'" ,.,e.. (if .....11) . 1Iy _
-rr--r-~tJly Ii.... FIeriM II"'''''. ~ _I..h. prier....,... ... r ll~J."" A__ 19"",n...
818-~& 1\.L:vnw B.... &~ [.,ad . r.o.t-a .. R.JIIr 1IMIIl!'" J........ .It. till .8}1 -*-..1 .....
......~ UnIT. a.y..o..!.- \y.... ..lit i.f.l~ ~ .1..." lie .. '1r." hi" waivI.I.... '0_ ,o-r II..
........ Np8nM. If 11Jl" . -,,1'1 -0. _ .,-="_j.. I ..If~'" tiI i....._...~ R-n. .L.h _n 4._..
11. _.I. aM .1.."""-1If .. 1M Bdt ,..Jid.. ill ~~~). Ill. it_........ _t-.,... .
..,111 '."'8 J ti:L. .... --'TI1 ''''''\If. .,ft.a.&l. it II., :Lie te..,air . ....'... If.. lut"
..... 1.,_ . ~11l. . "". 1M .. r- .id.. ill ~... ~ ~ . ieU. _y ..... .. per n_
_,"'~ &.:1.:-. 'J\L:_L ,-4.. ,..,...,. 1l1li811.. (" I It Ill,g. iI--L'r te ..u... .faJ",n." ,IB . ..
till IS. ...., .'ul'lt, PM'" ....... It II_-t-, ita. ......n. .... "1.--\1. .wI, ~_.iM ....octi. .Wi.W
aM ..... .. the 1\_..."" .......r..!-.:::. .......~I . .. ~-.)IIi. .. Ilf-t-& ... - ... all i- at
'.i1l1l] Ptl,"" .. _ till :n.l P. rlltJ _..a.IUlIj..... 1M ,...S.. 6u all........... ... .,11. .
_:. ~.. -..aT" ... the 1\-..... :.._.....a:.., hut 11M I. '. . " Jell" ........,. ... 'BB~ if..,... .. ...
-_:.......:..-. ia tile ._..au:_ ..... II eI<rj- .. ~ _ .. -~.......... -pq, ...M
O. RISK 0J'L0S8: Iflbe Pl"t""ty ia......pd by !he or olber cuaaltybebe cloIiDa IIDd COlt oflellDnliaa
c!oeI DOt exceed 3% oflbe Of_led V-h.- oflbe p,......, 10 ......1"'\ COlt ofIA.....aida. shill be m obliptiaa
of lbe Se1Ier IIDd eloeiDa shill prucood puIIIIIIIt 110 lbe 1DrIIII of CoaIact wid: resIio1atioD coRI eIC!OwecI at cJosiDa.
Iflbe COItoflbe DIlIoraliaIl-=eedl3% oflbe amlud V-h,o"oa of1be ~u'_lOd_1"'\ Buyer shill have
lbe optioa of eiIber 1akiDfI PlU}'dty u ia, IioplIIer wid: either lbe 3% or lID)' iDIurmce proceeda payable by virtue of
such Iou or d--... or of ClllCeq Coalnet IIDd receiviDa:elum of depoai1(a).
P. PROCEJ:DS 01' SAU; CLOSING PROCEDURE: The deecI shill be recorded upon c1earIIIce of
ftmda. Ifm abIInct of title baa been Ihmi....... evideace of title shill be fnntftn-t at B1ger'. expllDHlIo show title
in Buy<<, without IIIIy eacumbnIIcea or c:baDae wbicb would reader Seller'. tide unmow"lable tom lbe elate oflbe
Jut evideace. AD cJoama pnxeeda shill be beld in CIICIOW by Se1Ier'a IlIllmey or olber IIIIlUaIIy accep1ab1e eacrow
aaeat b a period of DOt more Ibm 5 claya aflIlr cloaiD& elate. If Se1Ier'a tide ia reade:ed lIIIIIIBrkelable, tIuoup. 110
1'au1t of au,., Buyer shaI1, within lbe 5 clay period. DOtitY Se1Ier in writiDa of lbe defect IIDd Seller shill have 30
claya!tom elate of:eccipl ofsuch DQfiftc.tioD 110 CUIe tbe cIMect. If Seller IiIiIa 110 timely CUIe 1be cIefect, all depoail(.)
sbIII, upoa writlDa ""........: by Buyer IIDd within 5 daya aflIlr ~. be ICbu...d 110 B1ger IIDd ~ wid:
such ~ Iluyw shill :elum PenoaaIty IIDd __ Real Property IIDd MCODYey lbe Property 110 Se1Ier by
special wmmIy deecllIDd bill of sale. Ifau,. faila 110 IIIIb timely cIemaad b:eftmd, B1ger shill like title u ia,
waiviDa all riJbla api:aIt Seller u 110 lID)' ~ defect except u may be available 110 Buyer by virtue of
WIIl'IIIIiea ........m..t in lbe deecI or bill of sale. If a portioD or lbe purcbue price ia 110 be derived tom iutfnotlnnal
~ or ~ nqIdo........ of1be IeadiDa iDatitution u 110 place, time of day IIDd p:oc:...h.... b cJoaiD&,
IIDd b diIb.u.__ of IIIIlI1pp proc:eeda shill COIIIIo1 over coaIruy pnwiaicJa in tbia CODlrIct. Se1Ier shill !law
lbe riPt 110 :equi:e liom lbe IeadiDa inarin..u..q . writIea G\_._..l..._.~ IIIat it will DOt wiIbhoId cIiabunemr:at of
IIIIlI1pp proccecIa u al..Jt of lID)' tide defect atlribuIable 110 Iluyw-~. The eacrow IIDd cloaiD& p..........
r..cul...d by tbia S1mcIard may be waived if tide aaeat iDaarea advene I1IIlten puIIl/IIIt to Sec:tioa 627.7841, F.8., u
.~""'"
Q. ESCROW: Any eacrow aaem (0 Ageat") receiviDa ftmda or equivaIeat ia IlI1borizecI IIDd asreea by
acceplaDCCl of them 10 depoait tIIcm promptly, hold same in eacrow IIId, subject to cJeanoee, dlabune tIIcm in
accordmce wid: - IIDd r~ of CODlrIct. Fai1unI of clearmce of ftmda shill DOt excuae ~a
pwfOn".lIce. If in doube u to ApIt. dutiea or IiabiIitiea UIIder 1be pmviaicma of Comract, Aaem may, at Aaem'a
opIioa. --... 110 bold lbe subject IIIIIIIr of tbe CIICIOW UIIIiI tbe parliea hemo apee to ill ~ or UIIIiI .
PvIr- of a court of ~ juriadictiGa shill do.~ tbe riabla oftbe parliea or Aaem IIIIY depoIit wid: lbe
cledr; of tbe circuit court !laYiDa juriadictiGa of tbe diapua Upoa D01itYiDI aD parliea COIICeIDed of such actioa, all
liability 011 lbe pari of Apal shill 1W1y ImDiIIaIie, except 110 lbe emm of",,,,,,,,,,",,, b my iIemI previoua1y
delivered out of escrow. If a Iv-....! real __ brobr. Asat will comply wid: proviaioIII of Cbap1Ilr 475, F.s., u
lllleadecL Any suit bctw_ au,. IIDd Se1Ier wbme Apal ia IIIIde a party becaua of actiIIa u Apal bemmder, or
in my suit wIlcreia Aaem m.pleada 1be subject IIIIIIIr of lbe eacrow, Aaeat shill :ecover reucmable atIomey'a feea
IIDd coRI incumd wid: tbese o"""m" to be paid from IIId out of tbe eacrowed ftmda or equivalellt IIDd clwJed IIDd
awarded a court cOdS in favor of tbe prevaiIiDa party. The AgeDt shill DOt be liable to lID)' party or penon b
3
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miIdo\ivery lD BU)'W or Seller of iIIlmI subjeet lD tbII eIClOW, 1IIIIeII SIIIlh miIcIeIiwry iI due lD wi1I1b1 bnIch of
CoDInct or.- -aJI...... of Ap.
R. ATl'OlllUY J'DS; COSTS: In U1.'/ litlpH",\ ""'~ bnacb, gpb:cemaat or Wt\..I"'..taIiaa. uiIiDI
out of tbII Caatract, dID pNV8i1iDa party iIllllCh litlptl- wbidI, for dID puqIlIMI of tbII Stm!ard, sbaI1 iDcIDde
Seller, BU)'W,IIIII U1.'/ bmbn Idiaa ill aaeacY or _.~ re1.......hipI ~- by CbapWr 475, P.8.,.
----wI. sbaI1 be CIIIided tD _liam dID ~,,1ailiDa party -"18 1lIanllly'11ileI, COllI, II1II explIIIal
So I'AJLUU 01' PDI'ORMANCIC: If Bu)1lr fiUIa tD P"'ft),m tbII CoatnlCt widIiD dID time specilW
(i1-hvln:, payam of .n dllpoIil{l)), dID cIepoIiI{l) paid by Bu)1lr II1II ~I) Ipeed tD be pUll, uay be
recovaed II1II mUDed by or for dID ICCClUIIt of Seller u Ipeed upoIl JiqIIidalecl *-r. CODSicIeratiaII for tbD
eucutioD of tbII CoatnlCt II1II ill tuI1 ~- of U1.'/ claiml; wbemIpoII, BU)'W II1II Seller sbaI1 be reIievecl of.n
obliptl..... __ CClIIInCl; or Seller, at Seller'1 opliaa, Da)' pwc:eecl ill equity tD llIdilIl:e SeIler'I riaJIII :mdIr tbiI
Comnct ~ for U1.'/ _ odIDr 1II1II faihn of Sell<< tD IIIIb Sen.'l 1ide ....bllble atlIlr diJiaeat ef&Jrt, SeIIIr
filiII, ueaJecIII or ~ tD ~fuu4 tbII CoDInct, dID Buyw JIll)' seek IpeCi& ~b_ or elect tD m:eiw tbD
relI1IIl of~1 cIepoIiI(l> widIout 1baeby waiviDa U1.'/ ICtiaD for *-.... ~ from Se1Iel'I breIdL
T. CONTRACT NOT UCORDABU; i'DSONS BOUND; NODCIC: Neither thiI CoaInct JIIII' 1'4'/
DOIice of it sbaI1 be _ded ill U1.'/ pubIlc IeCGIIlL TbiI Coalnct sbaI1 blIId II1II iDun tD dID beaelit of tbD putieI
II1II dIDir _nr_ ill iDIeleIt. WIlea8Yw dID COIII8d ~ ~.1.. sbaI1 iDc1ude pIunllllll ODD ..... IbID
iDdude.n. Nodce &Pea by or tD dID odbM)' for III)' party sbaI1 be u eftIlcliw u if P- by or tD tbat party.
U. CONVEYANCE: Seller IbI1l et1IMIY 1ide tD lleI1 ~upcaty by apecial wm8IIl)' deed, tIUItee'l peIIlIIIII
'''I'''...<llIDIiw'1 or fPIUdim'l deed, . ~iUe tD dID IlaIuI of Sen.. subjeet oa1y tD matIm t.....m..t ill
PaIapaph VB II1II !bale olbawiIe Ie c'l'lIDd by Buyw. penoaal Property shall, at IequeIt of Buyw, be 1>......4
by aD 1bIo\ule biD of .. with wm8IIl)' of title, subject 0Dly tD IlICh JIIItlm U JIll)' be olbawiIe provided for
haeiD.
v. OTBEIlAGREUUNTS: No prior or preHDl a&R .,~ - or npw-t"tl'lllll sbaI1 be biDdiDB upoIl &u,w
or Seller uaIaI iDe"""" ill thiI CoaIncL No 1DO'tl""..w. or cbaop ill thiI CoatnlCt sbaI1 be va1id or biDdiDB upoIl
die partieI uaIaI ill writiDa II1II elUlC\JIIld by die party or partieI iJItrd"" tD be bouDd by it.
w. w AIUlANTIES: Seller wunnII tbat 1ben ue 110 fiIclI kaowD tD Seller mataWly all'ectiDI die va1ae of
die Property wbich ue IIIlt readily oblervable by BU)'W or wbich have IIIlt beea dilc10red tD Buyw.
4
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MANAGEMENT AGREEMENT BETWEEN THE
CITY OF DElRAY BEACH AND
DElRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC.
THIS AGREEMENT, made and entered into at Delray Beach, Florida, on the
_ day of
, 2005, by and between the CITY OF DElRAY BEACH, a
Florida municipal corporation, hereinafter referred to as the "City" and DElRAY BEACH
PUBLIC LIBRARY ASSOCIATION, INC., a Florida not-for-profit corporation,
hereinafter referred to as "Library".
WHEREAS, the City has fee simple ownership of the Library property which is
to be used for the operation of a public library; and
WHEREAS, the Library was organized under the laws of the State of Florida, as
a not-for-profit corporation for a number of purpose of operating a public Library; and
WHEREAS, the City and the Library desire to confirm and clarify the
organizational, operational and oversight procedures as to the Library's responsibility
for operation of the facility, including, but not limited to the establishment of budgets, the
submission of state and federal grants, the solicitation of private grants and donations,
the determination and establishment of programs by the Library, the maintenance of
the interior improvements by the Library and to clarify the procedures regarding
maintenance of the exterior site by the City all as more specifically described in the
Lease.
WHEREAS, the Lease shall control any conflicts.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,
STIPULATIONS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE
AS FOllOWS:
" .
1. The above 'Whereas" clauses are true and correct and are incorporated
herein by reference.
2. Board of Directors. The Library shall be governed by the voting
members of the Board of Directors. The Board of Directors shall be selected and
perform all duties and responsibilities pursuant to the Articles of Incorporation and By-
laws of the Library as they now exist or as they may be amended from time to time.
3. Meetina. If required by law, all meetings of the Board of Directors shall be
duly advertised and open to the public in accordance with the State of Florida open
meetings law. A record of all meetings shall be kept and forwarded to the City on a
regular basis. The City representative shall be notified one (1) week prior to all
meetings.
4. Subcommittees. The Board of Directors of the Library shall be
empowered to establish such committees as deemed necessary per the Articles of
Incorporation and By-laws of the Library as they now exist or as they may be amended
from time to time.
5. Director. The Library shall have an Executive Director or equivalent
(hereinafter called "Director"). The Director shall manage/administer the operation of
the facilities. All activities of the Director shall be subject to the review, policies,
procedures and approval of the Board of Directors of Library (hereinafter referred to as
"Board of Directors").
6. Personnel and Services. The Library, through its Board of Directors,
shall have sole discretion over the employment of full and part-time staff, including the
employment of the Executive Director and all ancillary staff. The Library shall be
2
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responsible for providing all personnel required to carry out its activities, except as may
be voluntarily provided by the City. The Library will provide the City with adequate
notice of need for City assistance to carry out their responsibilities. The City shall have
the right, upon reasonable prior written notice, to schedule meetings or events as space
is available at no rental charge to the City. The City will assume set up and clean up
responsibilities for City events or meetings.
7. Contact Person. The Library shall designate the Director and a board
member to serve as a liaison between the Library and the City. The City shall
designate an Assistant City Manager, or other such designee of the City Manager as
the City's contact person. The City Manager shall notify the Library in writing, of such
appointment. City's designee shall have the option of attending the meeting and shall
receive written notice of meetings of the Board of Directors.
8. Manaaement. The Board of Directors, either itself or through various
committees, shall be responsible for:
(a) Financial affairs which shall include, but not be limited to, proposed
budgets, expenses, membership income, donations, grants, and subsidies and City
financial support.
(b) Property Management which shall include, but not be limited to,
matters relating to upkeep, repairs, capital improvements, security, interior
maintenance, alterations, restoration and renovation or any other such changes to the
buildings. Property Management matters constituting major repairs, capital
improvements, restorations and renovations must have prior approval of the City.
3
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(c) Programming matters, including exhibits as well as coordinating
and scheduling the use of the facilities by other artistic and cultural organizations,
community or civic groups and governmental bodies, etc. The Library shall present to
the City, the Library's budget for each fiscal year.
(d) Fund raising from both public and private sources.
(e) Submission of applications of grants.
(f) Management, maintenance, and operation of the property to the
extent required under the lease with the City.
(g) Employment of all personnel.
9. Proaram Execution. The projected program uses approved by the Board
of Directors shall be executed by the Director or by the staff of Library under the
supervision of the Director.
10. Proiect Administration.
(a) The Delray Beach Public Library Association, Inc. shall be the
Project Administrator for any construction or renovation that may take place on the
property:
(1) Act as owner between all consultants, architects, engineers,
and contractors for the project;
(2) Develop and manage all fund-raising campaigns for the
capital campaign and annual sustaining funds;
(3) Develop and manage all grant proposals (City, County,
State, Corporate and Foundations) with annual reporting to the City as may be required
by grants;
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(4) Develop all design documents in conjunction with the
architects of record;
(5) Develop site landscaping design with the landscape architect
of record,
(6) Have contractual authority to use outside independent
consultants for design development, if needed;
(b) Library shall abide by all applicable Florida, state and municipal
laws, ordinances, rules and regulations.
11. Grounds and Buildina Operations. Library shall perform its portion of
grounds and building operations to the extent set forth in the lease. Pursuant to the
Lease, Library shall be responsible for interior maintenance, repair and replacement
and all other aspects of property management and maintenance except that the City
shall be responsible for the exterior walls, roofs, parking lot, exterior landscaping,
irrigation, lighting (including fountain), walkways, heating and air conditioning equipment
(climate control), and exterior signage. It is explicitly agreed that among other things,
that the duty of Library shall include furnishing all necessary janitorial and cleaning
services, pest control services. care and maintenance of the structures located on the
property, any interior renovation or redecoration not involving major structural changes,
and that Library shall pay all charges for telephone, water, sewer, gas, electricity and
any and all other such utilities as may be used in connection with the property, including
utilities necessary for the operation of exterior lighting. In addition, Library, pursuant to
the Lease, shall pay any ad valorem taxes imposed upon the property and
improvements located thereon during the term of the Lease. Library shall pay any
5
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taxes for personal property improvements owned by the Library. The City's
maintenance responsibility shall be for the maintenance and upkeep of the exterior of
the buildings, including the roof, the grounds, irrigation system, grounds walkways, air
conditioning and heating systems, and all exterior lighting (except as set forth above)
and signs. Library shall be responsible for all interior maintenance, including janitorial
service and annual termite protection of the building.
12. Budaet. The Director, in consultation with the Board of Directors and
in any established financial committee, shall be responsible for recommending a
proposed budget to the Board of Directors which will set forth, in a detailed form, all
anticipated income and expenses.
(a) The Director shall be responsible for the administration of the
budget subject to oversight by the appropriate committees.
(b) A copy of the approved annual budget (both capital and operating)
shall be submitted to the City by May 1st of each year. The budget shall delineate
sources of revenues and expense items and shall show prior year actual expenses and
revenues.
(c) The Library shall provide to the City an Annual Financial Report
audited by a certified public accountant with an opinion based upon the audit. This
audited report shall be furnished each year within one hundred and eighty (180) days of
the close of Library's fiscal year. Library may request that the City Commission waive
the requirement to provide a certified audit. The City Commission may approve or deny
the requested waiver.
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(d) The Library shall make all requests for funding of money from the
City, or for a contribution of services or materials from the City within the City's budget
deadlines, except for unforeseen and unanticipated matters.
(e) There shall be no commitment as to City funds or assistance until
the annual budget of the City has been approved by the City Commission of the City of
Delray Beach.
(f) Library shall have prime responsibility for obtaining funds for the
budget from members, fund raising events, private grants, private donations and local
and state and federal government sources. The City agrees to cooperate and
reasonably assist the Library in obtaining funds in the form of grants and subsidies by
reasonably prompt execution of documents required to obtain grants and subsidies.
(g) Library shall provide the City quarterly accounting of the revenues
and disbursements of any and all funds including grant funds, received or disbursed by
Library, if Library is required by grants to provide such accounting.
(h) In addition to the certified audit requirements above, Library shall
provide to the City of Delray Beach, an annual compliance audit of any and all grant
funds received expressly for the Library.
(i) Library shall make available to the City copies of all Grant related
documentation, to include, but not be limited to: applications, approvals, agreements,
audits and related correspondence.
13. Financial Provisions.
(a) Fiscal year. The Library shall establish a fiscal year which
coincides with its by-laws and articles of incorporation.
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(b) General Financial Provision.
(1) The Library shall have the authority to establish necessary
banking accounts in its own name and to make cash disbursements.
(c) The City shall, at all times, have the right to audit all records of the
Library. The Library will comply with the same records retention regulations as
prescribed by the State of Florida.
14. Admissions and Charaes. The Board of Directors shall be empowered
to establish and collect admission prices and charges.
15. Term of Aareement. The term of this Agreement shall be until such time
as the lease shall terminate. However, this Management Agreement shall be reviewed
annually by the parties hereto.
16. Modification. No amendment or modification to this Agreement shall be
effective unless in writing and signed by each of the parties hereto.
17. Conflicts. To the extent that there may be any express conflicts with the
terms and conditions of the Lease Agreement, the terms and conditions of the
Management Agreement shall prevail.
18. Liabilitv. No contract executed by the Library for any obligation incurred
by the Library shall be binding upon the City, unless specifically approved by the City
Commission of the City of Delray Beach. Whenever City funds appropriated to Library
are to be expended, the Board of Directors shall comply with formal bid requirements, if
required by law or rule.
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19. Encumbrances. Library shall not be authorized to mortgage, or
otherwise impair or encumber the title to the property as such is described in the Lease
Agreement.
20. Assianment. This Agreement may not be assigned without the written
consent of the parties hereto.
21. Laws. Rules and Ordinances. Library shall be governed and follow all
applicable Laws, Rules and Regulations.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
City Clerk
Approved as to Form:
City Attorney
DELRAY BEACH PUBLIC LIBRARY
ASSOCIATION, INC.
Print Name:
By:
Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
, 2005 by
title of officer or agent) of
acknowledging), a
behalf of the corporation.
The foregoing instrument was acknowledged before me this _ day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation, on
He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - Florida
9
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FROM:
- _''','J:''''Vl>,L . ";,,""':::',,"'F""""'!""r" .f
;~tl\1:/!'ilI~I!ilM.~~
D~~R~ MANAGER
PAj-'Lj?RLlN~aCTOR OF PLANNING & ZONING
~~ARKING MANAGEMENT SPECIALIST
MEETING OF DECEMBER 13, 2005 - REGULAR AGENDA
ALTERNATE ORDINANCE 79-05, A PRIVATELY INITIATED TEXT
AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.6.9 TO
ESTABLISH A PUBLIC PARKING FEE AND AMENDING APPENDIX "A"
PROVIDING A DEFINITION FOR PUBLIC PARKING FACILITY AND
PROGRAMMED PUBLIC PARKING FACILITY
0;<
#)
TO:
THRU:
SUBJECT:
Public Parking facilities in the City's downtown area have been identified as a need in the City's
Comprehensive Plan and Downtown Delray Beach Master Plan. The potential locations for public parking
garages have been identified in the proposed Delray Beach Downtown Parking Master Plan. In order to
maximize potential shared parking scenarios, as identified in the Downtown Master Plan, a privately
initiated text amendment to LDR Section 4.6.9 has been proposed by New Urban Communities. The
proposed amendment will allow the payment of a fee (public parking fee) for each parking space not
provided on-site of a proposed development which is located within 600' of a proposed municipal parking
facility. The proposed 600' distance is the area of influence and represents the 5-minute walking distance
discussed in the Downtown Master Plan, and is the distance a person will normally walk from a parking
facility to their destination. The intent of this amendment is to provide property owners an incentive to assist
a governmental entity in the construction of a public parking facility in a manner that is mutually beneficial.
Further, the amendment would maximize shared parking options and minimize both the visual impact and
disruptions to the urban fabric of the streetscape caused by expansive and individual surface parking lots.
The proposed amendment also includes a definition of 'Public Parking Facility" and 'Programmed Public
Parking Facility".
In order to mitigate any potential negative impact to the surrounding neighborhood, the maximum number
of parking spaces subject to the public parking fee is limited to 25% of the total number of required parking
spaces for the development. Additionally, if the public parking facility is not scheduled to be constructed
within three (3) years of site plan approval for the development, a minimum of 75% of the parking spaces
subject to fees must be constructed in the right-of-way adjacent to the development. These parking spaces
will be available to the general public and may not be reserved or dedicated to the proposed development
nor credited to meet the required on-site parking.
Pursuant to City Commission direction, the alternate ordinance before you includes the creation of distinct
areas subject to specific fee structures per space. Area 1 is defined as parcels located East of Swinton
Avenue and/or Dixie Highway subject to a fee of $18,000 per space, and Area 2, parcels located west of
Swinton Avenue and/or Dixie Highway subject to a fee of $16,000 per space. The difference in the fees
between the two areas is attributed to differences in land values. Additionally, a provision to review the
ordinance every two (2) years to assure that the fees are consistent with market conditions has been
included.
Pursuant to LDR Section 2.4.5(M)(5) (Findings) the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted and the
proposed text amendment furthers Future Land Use Element Objective C-4 and Future Land Use Policies
C-4.1, C-4.2, C-4.3, the Delray Beach Downtown Master Plan and the proposed Delray Beach Parking
Master Plan. However, it is noted that the proposal is inconsistent with recent modifications to the In-Lieu of
Parking Program, applicable to other areas of the City, which mandates that new development is to provide
all required parking spaces on-site.
'~A
City Commission Staff Report
LDR Text Amendment To Section 4.6.9
To Establish A Public Parking Fee
Although the alternative ordinance has not been reviewed by the Boards listed below, the modifications are
consistent with what was presented to them.
Downtown Development Authority (DDA): At its meeting of October 10, 2005 the Board recommended
approval of the amendment, as presented by the applicant, with the following condition:
1. Pro-rated annual maintenance fees (based on the number of spaces subject to the fee) shouid be
assessed until such time that the City, at its discretion, begins to charge regular parking fees in the
facility, at which time the agreements could be terminated.
Chamber of Commerce Local Government Affairs Committee: The item was presented to the Board at
its meeting of September 9, 2005. No significant discussion was held regarding the proposal.
West Atlantic Redevelopment Coalition (WARC): At its meeting of September 14, 2005 the Board
recommended a continuance of the item to enable the board members ample opportunity to review the
proposal. To date, the Board has not reviewed the item a second time.
Community Redevelopment Agency (CRA): At a special meeting held on September 16, 2005, the
Board consensus was to recommend approvai of the ordinance with the following conditions:
1. Some form of land costs shouid be included in the fees;
2. Some form of credit should be given for on-street parking spaces constructed;
3. No long term maintenance contributions should be required;
4. All required residential and guest parking must be provided on the project site, therefore not
eligible for the public parking fee; and
5. Garage operating hours should be at the discretion of the City and shall not be affected by
parking spaces purchased for commercial tenants of the development.
Parking Management Advisory Board (PMAB): At a special meeting of the PMAB, held on October 6,
2005, the PMAB recommended approval of the proposed ordinance.
Planning & Zoning Board: At its meeting of October 17, 2005 the Board recommended approval of the
proposed Ordinance with the following condition:
1. In addition to estimated construction cost per space, land costs, to be calculated using the cost
per square foot at the time of purchase of the property by the Governmental agency multiplied by
378 square feet per space (the approximate size of a parking space with associated drive aisles).
Move approval of Ordinance 79-05 by adopting the findings of fact and law contained in the staff report,
and finding that the proposed Ordinance 79-05, and approval thereof, is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment: Proposed Alternate Ordinance 79,05
2
ORDINANCE NO. 79-05
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, OF
THE CITY OF DELRAY BEACH, AMENDING
APPENDIX "A", BY ADDING DEFINITIONS OF A
PUBLIC PARKING FACILITY AND
PROGRAMMED PUBLIC PARKING FACILITY;
AMENDING ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS BY AMENDING
SECTION 4.6.9(E), "LOCATION OF PARKING
SPACES" BY CREATING A NEW SUBSECTION
4.6.9(E)(4), "PARKING FACILITY PAYMENT" TO
ESTABLISH ALTERNATIVE PROVISIONS FOR
ACCOMMODATING REQUIRED PARKING,
WHEN NOT PROVIDED ON-SITE, PROVIDING
FOR RENUMBERING; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
held on October 17, 2005 and voted 6 to 0 to recommend that the
changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, parking facilities in the City's downtown area have been
identified as a need in the City's Comprehensive Plan, Downtown Delray Beach
Master Plan, and Delray Beach Parking Master Plan;
WHEREAS, the governmental entities have either acquired property or are
in the process of acquiring property for public parking purposes;
WHEREAS, in order to address the need to provide public parking
facilities and assist financing said facilities, the requirement to provide parking
on-site may be met by providing a fee for each space not provided on-site in
order to ensure sufficient parking and to provide for parking in general;
WHEREAS, the Downtown Delray Beach Master Plan recommends the
implementation of the shared parking concept where possible and this public
parking program is part of this goal; and,
WHEREAS, shared parking allows business to develop and benefit the
overall economy without the creation of excessive unnecessary parking that
erodes the urban fabric, and provides a public benefit by allowing the public to
use the parking spaces during the day and evening.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Appendix "A" of the Land Development Regulations is hereby
amended to read as follows:
Public ParkinQ Facilitv: A parking lot or parking structure/garage that is
owned by a governmental agency or a partnership that includes a
governmental entity, which provides parking for the general public.
PrOQrammed Public ParkinCl Facilitv: A parking lot or parking structure
that has been identified in the City's Comprehensive Plan and/or as a
potential site in the City's Parking Master Plan, which will be constructed
or owned by a governmental entity or a partnership that includes a
governmental entity, which provides parking for the general public.
Section 2. That Article 4.6, "Supplemental District Regulations", of the
Land Development Regulations is hereby amended by amending 4.6.9(E),
"Location of Parking Spaces", to create a new subsection and renumber section
4.6.9(E)(4) to read as follows:
(4) Public ParkinCl Fee: When parkinq requirements are applied to new
development. in-fill development. from a chanqe of use. or addinq floor space to
an existinq buildinq: the Citv Commission mav approve the pavment of a fee
towards the construction of a public parkinq structure in-lieu of providinq such
required parkinq on-site. This option cannot be utilized in coniunction with the In-
Lieu Fee provisions of subsection 4.6.9(E)(3) or Section 4.6.9(B)(4). where
private land is acquired bva qovernmental entitv for parkinq or park purposes.
a) For properties located within 600' of a proqrammed public parkinq facilitv,
excludinq propertv zoned CBD and/or CBD-RC. an alternative to providinq
all the required parkinq on-site is to contribute towards the construction of
the parkinq facilitv. The sect pm cpase v.'ill be determined based upon tho
City's estimates oonstruction sost of tho parl"inq structure determinod at
the time that the development rosei'.'es site plan approval. if the parkinq
struoture has not been oonstruoted. and the aotual oost of the land that will
oontain the proqrammos publio parkinq faoilit'/. When a proqramFFled
publio parkinq faoility has been oonstructed or is under sonstruction. the
publio parkinq foo will be bacod upon tho actual oost of oom:truction. The
cost per space shall be based upon the location of the propertv for which
the public parkinq fee is beinq souqht. Area descriptions and
2
correspondinq fee amounts are herebv established as follows: If for
whatever reason the public parkinq does not qet built the Citv shall retain
the fee to provide parkinq or parkinq maintenance in the quadrant of the
Citv where the development is located.
(1) Area 1: Parcels located east of Swinton Avenue and South Dixie
Hiqhwav - $18,000 per space.
(2) Area 2: Parcels located west of the Swinton Avenue and South Dixie
Hiqhwav - $16,000 per space.
b) The Public Parkinq Fee is limited to no more than 25% of the total
required parkinq of a development not to exceed 10% of the total number
of parkinq spaces associated with the Proqrammed Public Parkinq
Facilitv. Within a Proqrammed Public Parkinq Facilitv. a maximum of 25%
of the total number of parkinq spaces provided within the Facilitv are
available to the Public Parkinq Fee Proqram.
c) When a proqrammed public parkinq facility is not anticipated to be
constructed within three (3) vears of site plan approval of the proposed
development. a buildinq permit will not be issued unless the proposed
development constructs additional on-street parkinq within the riqht-of-wav
adiacent to the development equatinq to 75% of the total number of
spaces subiect to the Public Parkinq Fee.
d) Where adequate riqht-of-wav exists adiacent to the proposed proiect for
which the fee has been approved. the applicant must construct additional
on-street parkinq, not to exceed the total amount of spaces subject to the
fee unless authorized bv the Citv Commission. The applicant will be
credited UP to one-half of a parkinq space for each full parkinq space
constructed within public riqht-of-wav. (For example. the applicant
requests to pav the public parkinq fee on 4 spaces: the applicant
constructs 4 spaces in the riqht-of-wav: the applicant must onlv pav the
public parkinq fee for 2 spaces). Creditinq of spaces constructed in the
riqht-of-wav resultinq in a fraction shall be rounded down.
e) All required residential and quest parkinq spaces associated with a
development and required quest room parkinq for hotels, motels.
residential-tvpe inns. bed and breakfasts. and similar uses must be
provided on-site.
f) The public parkinq fee must be paid in full upon issuance of a buildinq
permit.
g) The Director of Planninq and Zoninq or desiqnee shall maintain a record
of the developments that utilize the Public Parkinq Fee Proqram and the
3
---- I
number of spaces allocated to the proqram for each Proqrammed Public
Parkinq Facility.
h) The operatinq hours of the Proqrammed Public Parkinq Facilitv are at the
sole discretion of the qovernmental entitv that owns the facilitv. and shall
not be affected bv parkinq spaces intended for commercial tenants of the
development.
i) The Public Parkinq Fee amount shall be reviewed at a minimum every two
(2) vears and the fee adjusted as warranted.
(4Q) Off-Site Parkina: In instances where uses do not have sufficient space to
accommodate customer and employee parking demands, parking requirements
may be provided off-site in accordance with the following:
(a) Normal Operations: Parking for day-to-day operation may be provided
on other property within three hundred feet (300') provided that both
properties are of the same general type of zone designation (i.e.
commercial, industrial, office, etc.) or when the off-site parking site is
zoned CF and a conditional use approval for use as a parking lot has
been approved, and when in compliance with, and pursuant to, the
following:
(1) The 300' distance shall be measured along an acceptable
pedestrian route;
(2) Approval of such off-site parking may be granted by the body
which has approval authority of the related site and development plan;
(3) An agreement providing an easement for such use is prepared
pursuant to Subsection (E)(5) and is recorded prior to certification of
the site and development plan;
(4) The provision of the parking easement shall not diminish the ability
of the property upon which it is placed, to accommodate its required
parking.
(b) Special Events/Facilities; In instances where uses and/or facilities
have large parking demands/requirements and which are otherwise
subject to conditional use approval (e.g. stadiums, places of assembly,
community and civic centers, recreational areas, etc.) such parking may
be provided off-site in accordance with the following.
(1) Approval of such off-site parking may be granted by the body
which has approval authority of the related conditional use.
4
(2) A parking and transportation plan must be presented in order to
obtain such approval. The plan must identify parking areas and
demonstrate the manner in which transportation to the use site,
security, maintenance, and related matters will be accommodated.
(3) Easements, agreements, or other appropriate legal documents
which assure continued availability of such parking shall be required
as a part of the parking and transportation plan.
(52) Off-Site ParkinCl Aareement: The owner of the alternate off-street
parking area, and the owner of the principal use or building (including the land on
which it is situated), shall enter into a written agreement with the City (in such
form as may be approved by the City Attorney), with enforcement running to the
City, providing that the land comprising the alternate off-street parking area shall
never be disposed of except in conjunction with the transfer or sale of the
building which the parking area is intended to serve, so long as the parking
facilities are required. The owner agrees that such agreement shall be in
recordable form, the expense of recording to be borne by the owner, and that the
agreement shall constitute a covenant running with the land binding upon the
owners, heirs, administrators, successors, and assigns. The agreement shall be
recorded by the City Clerk. The agreement shall be released by the Commission
at such time as the alternate off-street parking facilities are no longer required or
when the owner provides other lawful off-street parking facilities. The owner shall
bear the expense of recording the release of the agreement.
Section 3. That should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence, or word be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 4. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective immediately
upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 2005.
MAYOR
ATTEST:
5
CITY CLERK
First Reading
Second Reading
6
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MEETING DATE:
SEPTEMBER 19, 2005
IV.F - PRIVATELY-INITIATED AMENDMENT TO SECTION 4.6.9(E)
OF THE CITY'S lAND DEVELOPMENT REGULATIONS TO
ESTABLISH A PUBLIC PARKING FEE.
AGENDA ITEM:
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to Land Development Regulations Section 4.6.9(E), pursuant to
LDR Section 2.4.5(M)(5).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The privately-initiated amendment to the Land Development Regulations has been
submitted by New Urban Communities
Adequate public parking has been identified as a significant need as the downtown area
redevelops. Parking facilities in the City's downtown area have been identified as a need
in the City's Comprehensive Plan, Downtown Delray Beach Master Plan, and the proposed
Parking Master Plan. Governmental entities have either acquired property or are in the
process of acquiring property for public parking purposes. In order to address the need to
provide public parking facilities and assist funding said facilities, the proposed amendment
will allow the payment of a fee for each parking space not provided on-site of a proposed
development which is located within 600' of a proposed municipal parking facility. The
proposed 600' distance is the area of influence and represents the 5-minute walking
distance discussed in the Downtown Master Plan, and is the distance a person will
normally walk from a parking facility to their destination. The intent of this amendment is to
provide property owners an incentive to assist a governmental entity in the construction of
a public parking facility in a manner that is mutually beneficial. The proposed amendment
also provides a definition of "Public Parking Facility" and "Programmed Public Parking
Facility".
In order to mitigate any potential negative impact to the surrounding neighborhood by
creating a parking deficiency adjacent to the development, the maximum number of
parking spaces subject to the public parking fee is limited to 25% of the total number of
required parking spaces for the development. Additionally, if the public parking facility is
not scheduled to be constructed within three (3) years of site plan approval for the
development, a minimum of 75% of the parking spaces subject to fees must be
constructed in the right-of-way adjacent to the development. These parking spaces will be
??
-~--
Planning and Zoning Board Staff Report
LDR Amendment - Public Parking Fee
Page 2
available to the general public and may not be reserved or dedicated to the proposed
development.
LDR Section 2.4.5(M)(5) (FindinCls): Pursuant to LDR Section 2.4.5(M)(5) (Findings),
in addition to LDR Section 1.1.6(A), the City Commission must make a finding that
the text amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies are noted:
Future Land Use Element Obiective C-4
The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a
"village like, community by the sea". The continued revitalization of the CBD is essential to
achieving the overall theme of the City's Comprehensive Plan of'~ City Set Apart In South
Florida". The following policies and activities shall be pursued in the achievement of this
objective.
Future Land Use Element Policv C-4.1: The Central Business District (CBD) zoning
district regulations shall facilitate and encourage rehabilitation and revitalization and shall,
at a minimum, address the following:
. . . .accommodating parking needs through innovative actions.
The major impediments to providing public parking facilities are construction costs and
adequate land to accommodate the structure. As land values and construction costs rise,
achieving the goal of providing public parking facilities becomes more difficult. In order to
assist and potentially expedite the construction of these needed facilities, consideration
should be given to providing private development with the means to contribute toward the
construction costs. The proposed amendment provides an innovative approach to address
the City's parking needs in a manner that is consistent with the shared parking concepts
outlined in the City's Downtown Delray Beach Master Plan.
Future Land Use Element Policv C-4.2: The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic Avenue corridor between 1-95 and A-1A, it represents the
citizens' vision for the growth and unification of Delray Beach, while still retaining the
"village like, community-by-the-sea" character of the CBD. The Plan addresses a wide
range of issues including infill development, neighborhood parks, shared parking, public
art, the roadway and alley systems, marketing/economic development, and the need to
modify the Land Development Regulations to include design guidelines to retain the
character of Delray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan.
The Downtown Master Plan identifies a preponderance of surface parking lots throughout
the downtown, noting how such lots damage the pedestrian oriented environment that the
City is striving to achieve. As an alternative to this inefficient utilization of land the plan
promotes the creation of centralized, shared parking facilities in lieu of separate surface
~ -,-
Planning and Zoning Board Staff Report
LDR Amendmenl- Public Parking Fee
Page 3
lots serving individual businesses. One way to achieve that objective and to help pay the
costs of structured parking is to allow developers the option to contribute to the
construction of facilities that are in the vicinity of their property, instead of providing all of
the required parking on site.
It is noted that the Downtown Master Plan encompasses the CBD as well as the
surrounding commercial areas and neighborhoods, between N.E./N.W. 4th Streets and
S.E./S.W. 4th Streets. As the downtown area continues to redevelop, opportunities should
be made available for nonresidential properties adjacent to the CBD to contribute to the
proposed payment program.
Future Land Use Element Policv C-4.3: The City shall be the lead agency in pursuing
the construction and operation of tiered parking structures and mixed uses in the CBD.
Locations of facilities shall follow the CBD Development Plan required through Policy 4.2.
As discussed above under Future Land Use Element Policy C-4.1, the proposed
amendment will assist the City in providing another funding option to construct tiered
parking structures in the downtown area, which has been identified as a need.
Delrav Beach ParkinQ Master Plan:
The City's proposed Parking Master Plan has been created to address the parking
challenges that exist in the City's downtown area. The Plan identifies the parking inventory;
parking needs in the three geographical areas of the City's downtown (West Atlantic
Neighborhood, Central Core District, Beach Area); potential sites which could
accommodate parking structures; and potential funding sources. The proposed text
amendment offers another potential funding source that should be considered.
Although based upon the above, the proposed text amendment is consistent with and
furthers Goals, Objectives and Policies of the Comprehensive Plan, it is inconsistent with
recent modifications to the In-Lieu of Parking Program which restrict new development
from requesting in-lieu of parking spaces. LDR Section 4.6.9(E)(3) states "before granting
approval of in-lieu spaces the City Commission must find that it is impossible or
inappropriate to provide the required number of spaces on-site / off-street." Through the
adoption of Ordinance 74-04, several Boards, and the City Commission, deemed it both
possible and appropriate for new development to provide all required parking on-site / off-
street.
Downtown Development Authority (DDA): At their meeting of September 8, 2005 the
Board conceptually approved the proposed amendment agreeing that some of the
concerns presented by Staff needed to be addressed. The Board requested that the item
be brought back to their October 10, 2005 meeting for further review.
-,
Planning and Zoning Board Staff Report
LOR Amendment - Public Parking Fee
Page 4
Chamber of Commerce Local Government Affairs Committee: The item was
presented to the Board at their meeting of September 9, 2005. No significant discussion
was held regarding the proposal.
West Atlantic Redevelopment Coalition (WARC): At their meeting of September 14,
2005 the Board recommended a continuance of the item to enable the board members
ample opportunity to review the proposal.
Community Redevelopment Agency (CRA): At their meeting of September 8, 2005 the
Board declined to formulate any recommendations given the limited opportunity to review
the entire proposal. At a special meeting held on September 16, 2005 the Board
consensus was to recommend approval of the ordinance with the following conditions:
1. Land costs should be included in the fees;
2. Some form of credit should be given for on-street parking spaces constructed
3. No long term maintenance contributions should be required
4. All required residential and guest parking must be provided on-site; and
5. Garage operating hours are at the discretion of the City and shall not be affected
by parking spaces intended for commercial tenants of the development.
Parking Management Advisory Board (PMAB): This proposal will be presented to the
PMAB at their meeting of September 27,2005
Courtesy Notices:
Courtesy Notices were provided to the following Civic Associations:
. PROD (Progressive Residents of Delray)
. President's Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
1. Continue with direction.
2. Recommend approval of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E), by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
3. Recommend denial of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E) by adopting the findings of fact and law
contained in the staff report and finding that the request is inconsistent with the
Planning and Zoning Board Staff Report
LOR Amendment - Public Parking Fee
Page 5
Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
4. Recommend approval of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E), by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations subject to the following conditions:
>- Whether the facility is planned, constructed or under construction, the fee
shall include land costs for each space with associated drive aisles (378 sq.
ft.) of the current appraised value of the land of the proposed development at
the time of approval of the parking fee;
>- Credit towards required parking for the development will not be given for
parking spaces constructed in the right-of-way, adjacent to the development,
which are required to meet performance or development standards;
>- Pro-rated maintenance fees for the parking facility should be provided by the
Home Owners Association and/or Commercial Tenants through a
"Maintenance Fee Agreement." Annual fees would be based on direct
maintenance costs from the previous year. If in the future the City, at its sole
discretion, adopts a policy to charge regular parking fees in the facility all
maintenance agreements would be discontinued, as parking revenue would
cover future maintenance expenses;
>- All required residential and guest parking spaces in mixed use developments
are to be provided on-site; and
>- Garage operating hours are at the discretion of the City and shall not be
affected by parking spaces intended for commercial tenants of the
development.
Continue the item to allow other boards sufficient time to review the proposal and forward
their recommendations.
Attachment: Proposed Ordinance
~~
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TO:
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FROM:
SUBJECT:
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PAUL DORLlN~RECTOR PL
DERRICK L. COOK, PLANNE
MEETING OF DECEMBER 13, 2005
CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM
RO (RESIDENTIAL OFFICE) TO RM (MEDIUM DENSITY
RESIDENTIAL) FOR A 0.205 ACRE PORTION OF THE CODA (FKA
LIGHTHOUSE) PROPERTY, LOCATED SOUTH OF SW 1ST STREET,
BETWEEN SW 1ST AVENUE AND SW 2ND AVENUE.
I" ~,"' ' ' ":"'"BAC"KGRO"U'N..../P"RQ' "O"""S""A'";""'''''''''''""'~'C_'"'< " ,,'" ", """',;",,, """'"1
The rezoning is part of a larger development proposal which is zoned both RM and RO and
includes Lots 11 and 26, and the south 8 feet of Lots 1 through 10, inclusive, Heisley Estates
Subdivision, being a Subdivision of the North one-half (NY:.) of Block 54, Delray Beach, Florida,
according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 13, Page 48.
The subject property constitutes the southern 0.21 acres of the RO-zoned (northern) portion of
the property. A former halfway house known as The Lighthouse occupied the overall site and
has recently been demolished. The subject property, along with the balance of the site, will be
part of a mixed-use development which will contain the following:
. 36 townhouse units on the area currently zoned RM;
. Two mixed-use buildings, each containing approximately 10.000 SF of office space; and,
two residential loft units each on the area currently zoned RO.
At its meeting of September 21, 2004, the City Commission approved a Small-Scale Future
Land Use Map amendment from MD to TRN and Rezoning from RM to RO for the north 0.86
acres of the Lighthouse property. These applications were submitted to accommodate the office
component of the proposed mixed-use development. The proposed office use is permissible
under the proposed RO zoning, but was not allowed under the previous RM zoning.
After the submittal of the site development plan, the applicant discovered that the appropriate
amount of land zoned RM at the site was not available to meet the proposed density
requirements, The proposed rezoning of the 0.201 acres from RO to RM will allow the proposed
development to be constructed at the desired unit count.
[j)l;'!;~'ii:;~t1';:"'";,ft"EAj\flll'IN'Iir.iD:zna:Itm:!;ill)~E~t;::~~~,fl
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At its meeting of November 21, 2005, the Planning and Zoning Board held a public
hearing in conjunction with the RO rezoning request. There was no public testimony in
support or opposition of the proposal. After reviewing the staff report and discussing the
proposal, the Board voted unanimously to recommend approval to the City Commission
\~
City Commission Documentation
Meeting of December 13, 2005
Corrective Rezoning Coda (fka Lighthouse)
Page 2
for the privately initiated rezoning from RO to RM 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, the Southwest Area Neighborhood
Redevelopment 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, subject to the following condition:
1. Verification from the Palm Beach County School District that the proposed
rezoning will comply with the adopted level of service for school concurrency.
Approve on the first reading the privately initiated corrective rezoning from RO to RM 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, the
Southwest Area Neighborhood Redevelopment 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, with
second reading to occur on January 3, 2006, subject to the following condition:
1. Verification from the Palm Beach County School District that the proposed
rezoning will comply with the adopted level of service for school concurrency.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of November 21, 2005
ORDINANCE NO. 80-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RESIDENTIAL OFFICE (RO) DISTRICT TO
MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT; SAID LAND
BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SW 1ST
STREET, BETWEEN SW 1ST AVENUE AND SW 2ND AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY 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 Residential Office (RO) District;
and
WHEREAS, at its meeting of November 21,2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, 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; 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 Medium Density Residential (RM)
District for the following described property:
Lot II, Lot 26, and the South 8 feet of Lots I through 10, inclusive, Heisley Estates Subdivision,
being a Subdivision of the North one-half (N y,) of Block 54, Delray Beach, Florida, according to
the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 13, Page 48.
Section 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 immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 80-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21, 2005
III.C.
Rezoning from RO (Residential Office) to RM (Medium Density Residential) for a
0.205 acre portion of the Coda (fka Lighthouse) Property, located south of SW 1st
Street, between SW 1s1 Avenue and SW 2nd Avenue.
GENERAL DATA:
Owner.....................................
Agent......................................
Applicant................................ .
Location................................. .
Property Size..........................
Land Use Map Designation....
Existing City Zoning................
Proposed City Zoning.............
Adjacent Zoning............North:
East:
South:
West:
Existing Land Use..................
Proposed Land Use................
Water Service.........................
Sewer Service.........................
"
CITY
ji HALl
New Urban Lighthouse, LLC
Jeffrey A. Costello
Jeffrey A. Costello
A portion of the Coda (fka
Lighthouse) Property, located south
of SW 1 sl Street, between SW 1 sl
Avenue and SW 2nd Avenue
0.205 Acres
RO (Residential Office)
RO (Residential Office)
RM (Medium Density
Residential)
RO (Residential Office)
OSSHAD (Old School Square
Historic Arts District)
RM (Medium Density
Residential)
CF (Community Facilities)
Vacant
Rezoning of the parcel from RO to
RM
Available via connection to an
existing 8" water main within SW 1s1
Street and SW 1s1 Avenue and a 10'.
water main within SW 2nd Avenue.
,
Available via connection to an existing'" .
8" sewer main within SW 1 sl Street,
SW 2nd Avenue, and/or an alley
bisecting the SUbject property.
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III.C.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 1
I
..it3e:r. B E.F<:> R E J";ifE .1;1 <:>j(\R;D.\1i;]\\>. \\?>\\i;1\;;i . .\.1
The action before the Board is making a recommendation to the City Commission on a
privately-initiated corrective rezoning from RO (Residential Office) to RM (Medium Density
Residential) for a portion of the former Lighthouse property.
The subject property is located south of SW 1 st Street, between SW 1 s~ Avenue and SW 2nd
Avenue, and involves 0.21 acres.
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
BAC K\GROUND
;;;;;;:<>:;!:ii!'iW!!jj;jU'!;-::!i ;:'''ii'' ,1!:m:!pmm~lm;~!4: :r::!;!;i;:i;:'il
The proposal incorporates the following:
The subject property is Lots 11 and 26, and the south 8 feet of Lots 1 through 10, inclusive,
Heisley Estates Subdivision, being a Subdivision of the North one-half (Ny:' ) of Block 54, Delray
Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court
in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48.
The subject property constitutes the southern 0.21 acres of the RO-zoned (northern) portion of
the property. A former halfway house known as The Lighthouse has recently been demolished.
The subject property, along with the balance of the site, will be part of a mixed-use development
which will contain the following:
. 36 townhouse units on the area currently zoned RM;
. Two mixed-use buildings, each containing approximately 10,000 SF of office space; and,
two residential loft units each.
At its meeting of September 21, 2004, the City Commission approved a Small-Scale Future
Land Use Map amendment from MD to TRN and Rezoning from RM to RO for the north 0.86
acres of the Lighthouse property. These applications were submitted to accommodate the office
component of the proposed mixed-use development. The proposed office use is permissible
under the proposed RO zoning, but was not allowed under the previous RM zoning.
REQUIRED FINDINGS:
LDR (Chapter 31 PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application. These
III.C.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 2
findings relate to the Future land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the land Development Regulations.
FUTURE lAND USE MAP: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future land Use Map.
The subject property has a Future Land Use Map designation of TRN- (Transitional) and is
currently zoned RO (Residential Office). The proposed RM (Medium Density Residential) is
consistent with the underlying TRN Future Land Use Map designation, as the TRN designation
allows residential uses with a maximum density of 12 units per acre. Based upon the above,
positive findings can be made with respect to Future Land Use Map Consistency.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan. -
Water and Sewer: Water service is available via service lateral connections to an existing 8"
water main located within the SW 1st Street right-of-way, an existing 8" water main located
within the SW 1st Avenue right-of-way, and/or an existing 10" water main located within the SW
2"d Avenue right-of-way. There are three (3) fire hydrants within close proximity to the subject
property - one (1) on the north side of SW 1st Street and two (2) on the east side of SW 1st
Avenue. Sewer service is available via service lateral connection to existing 8" sanitary sewer
mains within the SW 1st Street right-of-way, the SW 2nd Avenue right-of-way, and/or the alley
bisecting the subject property.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
DrainaCle: With rezoning requests drainage plans are not required; however drainage plans
have been provided with the conditional use and site plan submittals indicating that drainage will
be accommodated via an exfiltration system. There are no problems anticipated in retaining
drainage on site and obtaining any/all necessary permits.
Traffic: A traffic study indicating the AM and PM peak hour trips that would be generated by the
proposed office development has not been provided. The rezoning of the 0.21 acre property
when combined with the property to the south will allow 2 additional units generating 21 average
daily trips. The traffic generated will not negatively impact the surrounding neighborhood as the
property is located within an area that consists of the traditional road grid system. This system
is conducive to traffic distribution, wherein, automobiles have a diverse choice of options to
navigate the area. Motorists of the overall development are able to navigate the local grid street
system to avoid congestion in order to reach collector and arterial roads such as Swinton
Avenue, Atlantic Avenue, SE 1st Street, SW 2nd Street, and SW 4'h Avenue. Given the diffusion
of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by any
additional traffic. It is noted per the Palm Beach County Traffic Performance Standards
Ordinance, residential projects located east of 1-95 are exempt from the traffic concurrency.
Further, there are no Level of Service concerns with any of the surrounding roadways/streets.
III.C.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 3
Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive
Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out
to meet the adopted standards". A park impact fee is collected to offset any impacts that the
project may have on the City's recreational facilities. Pursuant to LOR 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 for parkS and recreation purposes.
Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the
rezoning would accommodate 2 residential units, which will generate 3.98 tons of waste
annually (2 x 1.99 tons). The Solid Waste Authority has indicated that its facilities have
sufficient capacity to handle all development proposals until the year 2021.
Schools: The Palm Beach County School District must approve the development proposal for
compliance with the adopted Level of Service for School Concurrency. Verification from the
Palm Beach County School District is pending.
CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2
(Standards for Rezoning Actions) along with required findings in Section 2.4.5(0)(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 the making of a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objective is noted.
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.
There are no significant environmental characteristics to the subject property. The future
redevelopment of the property based upon the proposed RM zoning will be complimentary to
the adjacent land uses, which consist of single and multiple-family residential uses, a mixed-use
(restaurant/hotel) development, the South County Courthouse, a church, and a parking garage.
The rezoning will enable the fulfillment of remaining land use needs by the provision of
workforce housing within the Southwest Area Neighborhood Overlay District as discussed in
greater detail with Future Land Use Element Policies C-1.7. Based upon the above, a positive
finding can be made with respect to Future Land Use Element Objective A-1, that the future
redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill
remaining land use needs.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the north,
SW 10th Street on the south, Interstate-95 on the west, and Swinton Avenue on the east.
III.C.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 4
Many of the parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas identified
as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the
Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the
revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and proposed
land uses. The sub-areas serve to define potential boundaries for the phased
implementation of the various plan components. Future development in the area must
be in accordance with the provisions of the Redevelopment Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is
identified as "infill area" consisting of relatively stable residentiaJ neighborhoods that are
experiencing some deterioration. but do not require substantial redevelopment to achieve
community livability goals.
The proposed rezoning is associated with an overall development proposal which provides new
housing, including workforce housing. The envisioned development will also likely improve the
safety of the area as well as its long term stability. It will introduce daytime activity (offices) and
further nighttime activity (residences), thereby providing more "eyes" to observe what is
happening in the area, which should be a deterrent to criminal activity that has been identified
as a problem with the Southwest Area Neighborhood. Based upon the above, a positive finding
can be made with respect to Future Land Use Element Policy C-1.7, that the rezoning will fulfill
the goals and Objectives of the Southwest Area Neighborhood Redevelopment Plan.
Housinq Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied.
As discussed previously with the Concurrency analysis, the RM zoning is a residential zoning
district that is currently limited to a maximum of 12 units per acre by the underlying Transitional
land use designation. The property was zoned RM until last year, when the property was
rezoned to RO. The RM zoning is consistent with the zoning of the residential properties within
the Southwest Area Neighborhood Overlay District. The property is located within an area of the
City that consists of the traditional roadway grid network. This network is conducive to traffic
distribution, wherein, several diverse options are available in the navigation of the downtown
area. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be
negatively impacted by the additional traffic.
In terms of safety, the overall development scheme includes the introduction of new multiple-
family dwellings near the downtown area that will likely improve the safety of the area as well as
its long term stability. It will introduce further night time activity and more "eyes" to observe what
is happening in the area, which should be a deterrent to criminal activity that has been identified
as a problem with the Southwest Area Neighborhood. These factors should serve to stabilize
III.C.
P & Z Board Staff Report - November 21. 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 5
the area and act as a genesis for future neighborhood investment. Based upon the above, a
positive finding can be made with respect to Housing Element Policy A-12.3, that the rezoning
will not have a negative impact on the surrounding area with regard to noise. odors, dust, traffic
volumes, and circulation patterns.
LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LDR Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Zonina Desianation:
Use:
East: Old School Square Historic Arts District
(OSSHAD)
West: Community Facilities (CF)
Future Mixed-Use Buildings -
Office/Residential
Future Multiple-Family Residential Uses
(Currently Abandoned Drug Rehabilitation
Facility)
RestauranUHotel (Sundy House)
North: Residential Office (RO)
South: Medium Density Residential (RM)
South County Courthouse
The proposal will rezone the 0.21 acre subject property from RO to RM. There are no
compatibility concerns as the properties were previously zoned RM for many years and the
abutting properties to the south are zoned RM, which will be incorporated with the subject
property as a mixed-use development. The RO-zoned property to the north will continue to
serve as transition from the CF zoned parcels (courthouse and parking garage). The adjacent
OS SHAD zoning district to the east is considered a mixed-use district and consists of an array
of residential uses. Based upon the above, a positive finding can be made with regard to LDR
Section 3.2.2(D), that the proposed rezoning will not result in adjacent incompatible land uses.
Section 2.4.5(0)(5) (Rezonina Findinasl:
Pursuant to Section 2.4.5(0)(5), in addition to the 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.
III.C.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 6
The basis for rezoning relates to reason "a" that the rezoning had previously been established in
error. The legal description provided with the previous rezoning application to RO was
incorrect. Numerous preliminary plans were prepared prior to submittal of the rezoning to RO
and FLUM amendment to TRN. The preliminary plans always included the same townhouse
layout in anticipation of increasing the density to accommodate workforce housing. The intent
was always to limit the RO zoned property as much as possible to comply with the minimum
development standards of the RO zone district. While this error was only recently discovered, it
is noted the property was zoned RM for many years and the balance of the property to the south
is zoned RM, thus there are no issues with regard to compatibility with the surrounding area.
While the basis for rezoning relates to reason "a", the requested zoning is of similar intensity as
allowed under the TRN Future Land Use Map designation and is more appropriate for the
majority of the property based upon circumstances particular to the site and neighborhood to
accommodate family/workforce housing.
Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Future redevelopment can occur in accordance with the City's Land Development Regulations.
Conditional use and site plan applications are currently being processed and are being reviewed
for compliance with the LOR. As mentioned earlier, the subject property will be combined with
the adjoining parcels to the south and north to accommodate a mixed-use development
consisting of approximately 20,000 S.F. of office and 4 residential dwelling units in the mixed-
use buildings along with 36 town homes. Given the above, a positive finding with respect to
compliance with the Land Development Regulations can be made.
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Communitv Redeve/opment Aaencv (CRA):
The CRA reviewed the proposed rezoning and had no objections.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
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The proposed rezoning from RO to RM is consistent with the goals, Objectives and/or policies of
the City's Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, and
LOR Sections 2.4.5(0)(5), 3.1.1 and 3.2.2(0). Positive findings can be made with respect to
Concurrency and Compatibility with the surrounding land uses
As discussed previously with regard to LOR Sections 2.4.5(0)(5) and 3.2.2(0), the proposed
rezoning of the SUbject property to RM is appropriate. The subject property is located within the
boundaries of both the Southwest Area Neighborhood Redevelopment Plan. The proposed
rezoning would accomplish these goals as the envisioned development for the subject property
III.C.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 7
entails the provision of workforce housing. Based upon the above, a recommendation of
approval should be made to the City Commission for the proposed rezoning.
AL T E R NA :r i~i;'eH",gif{;" ~H 0' NS
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A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately initiated
corrective rezoning from RO to RM 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, the Southwest Area Neighborhood Redevelopment Plan, and meets
the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
C. Move a recommendation of denial to the City Commission for the privately initiated
corrective rezoning from RO to RM for the subject property, by adopting the findings of fact
and law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, and does
not meet the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
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Move a recommendation of approval to the City Commission for the privately initiated corrective
rezoning from RO to RM 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, the Southwest Area Neighborhood Redevelopment Plan, and 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:
1. Verification from the Palm Beach County School District that the proposed rezoning will
comply with the adopted level of service for school concurrency.
Attachments: Location/Zoning Map
Prepared by: Derrick Cook, Planner
III.C.
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FROM RO ( RESIDENTIAL/OFFICE) TO RM ( MULTIPLE FAMILY RESIDENTIAL DENSITY)
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TO: .o~~ DE CIIY MANAGER
THRU, ;ML DDRLING, DI TOR OF PLANTIG AND ZON~
FROM: ESTELlO BRETO, SENIOR PLANNER - .~~.
SUBJECT: MEETING OF DECEMBER 13, 2005
PRIVATELY INITIATED REZONING FROM CBD-RC TO CBD FOR THE SOUTH 7 FEET
OF LOT 9. AND LOTS 10 THROUGH 12 INCLUSIVE, TOGETHER WITH THE NORTH 37
FEET OF LOT 13. ALL LYING IN BLOCK 78, TOTALING 0.85 ACRES AND LOCATED
ALONG THE WEST SIDES OF S.E. 2ND AVENUE BETWEEN S.E. 1ST STREET AND S.E.
2ND STREET.
The proposal is a privately initiated rezoning from CBD-RC (Central Business District - Railroad Corridor) to
CBD (Central Business District) for a 0.85 acres site more particularly described as the south 7 feet of Lot 9,
and 10 through 12 inclusive, together with the north 37 feet of Lot 13 of Block 78.
The 0.85 acre site is within the Railroad Corridor area of the Central Business District (CBD-RC) and
contains: a one-story 4,410 sq. ft. retail store building built in 1962, a 5,508 sq. ft. warehouse distribution
facility built in 1959, and a one-story 1,440 sq. ftwarehouse structure built in 1961. All three structures are
to be demolished and replaced with a proposed multiple family residential development known as Atlantic
Shores. This development is seeking a height in excess of 48' which is currently allowed in CBD and not in
CBD-RC. Additional background and analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the rezoning request. There was no public testimony for or against the privately initiated rezoning.
After reviewing the staff report and discussing the proposal the Board unanimously voted 7-0 to
recommend approval of the rezoning from CBD-RC (Central Business District - Railroad Corridor) to CBD
(Central Business District) for the 0.85 acres site located along the west side of S.E. 2nd Avenue between
S.E. 1st Street and S.E. 2nd Street, based on positive findings with respect to LDR Section 3.1.1 (Required
Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the
Comprehensive Plan.
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By motion, approve on first reading the ordinance to rezone the property from CBD-RC (Central Business
District - Railroad Corridor) to CBD (Central Business District) 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
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:
Staff Report prepared for the P & Z meeting of November 21, 2005. Location Map & Proposed Ordinance
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ATLANTIC SHORES REZONING
m PRIVATElY INITIATED REZONING BY ATlANTIC SHORES DEVELOPMENT
MAP REF: LI.4882
ORDINANCE NO. 82-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CENTRAL BUSINESS DISTRICT -RAILROAD
CORRIDOR (CBD-RC) DISTRICT TO CENTRAL BUSINESS (CBD)
DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE
WEST SIDE OF SE 2ND AVENUE WEST, APPROXIMATELY 76 FEET
SOUTH OF SE 1ST STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
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 Central Business District -Railroad
Corridor (CBD-RC) District; and
WHEREAS, at its meeting of November 21,2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes l63.3l74(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 Central Business (CBD) District for the
following described property:
The South 7 feet of Lot 9, and Lots 10 through 12 inclusive, together with the North 37 feet
of Lot 13, all lying in Block 78, City of Delray Beach, formerly known as the Town of
Linton, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, in Plat Book I Page 3
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 Del ray 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 immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the_
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 82-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
November 21, 2005
III. E.
A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a
portion of Lot 13 of Block 78; and a City initiated rezoning involving a portion of
Lot 9 Block 78, the South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block
78, the South 58 feet of Lot 14 Block 78, Lots 15 and'16 Block 78, and a portion
Block 86. Both rezonings are from Central Business District - Railway Corridor
(CBD-RC) to Central Business District (CBD) (Quasi-Judicial Hearing).
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MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant............ Nate Hollander
Agent............................. Weiner & Aronson, P.A.
Location......................... Along East and West Side of SE
2nd Avenue, Approximately 80'
South of SE 1 'I Street.
0.85 Acres
Commercial Core (CC)
Central Business District Railway
Corridor(CBD-RC)
Adjacent Zoning North: Central Business District (CBD)
South: Central Business District Railway
Corridor(CBD-RC)
East: Central Business District (CBD)
West: Central Business District (CBD)
Existing Land Use.......... Retail stores and warehouse
distribution facilities.
Proposed Land Use....... Multiple Family Residential
Water Service................ Available Via a service lateral
connection to the existing 8" water
main located within the SE 2"d
Avenue right-of-way.
Sewer Service................ Available via a service lateral
connection to the existing 8"
sanitary sewer main located within
the adjacent alley to the west.
Property Size.................
Future Land Use Map....
Current Zoning...............
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III. E.
ITEM BEFORE THE BOARD
I
The action before the Board is that of making a recommendation to the City Commission on a
City initiated rezoning which includes five different parcels involving a portion of Lots 9, 13, and
14 of Block 78, Lots 15 and 16 of Block 78 and a portion of Block 86, and is in conjunction with
a privately initiated rezoning (a portion of Lot 9, 10, 11, 12, and a portion of Lot 13 of Block 78).
The City initiated rezoning areas are located along the east and west sides of S.E. 2nd Avenue.
The change in zoning is from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District). -
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning and 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.
BACKGROUND
I
The proposal involves two sites:
1) A privately initiated rezoning from CBD-RC (Central Business District - Railway Corridor) to
CBD (Central Business District) of five different parcels involving 0.85 acres site which
includes:
. The south 7' of Lot 9, Lot 10 and the north 53' of Lot 11, Block 78, Delray Beach (0.425
Acre);
. The south 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12, Block
78, City of Delray Beach, formerly known as the Town of Linton (0.236 acre);
. The south 23.5 feet of Lot 12, and the north 37 feet of Lot 13, Block 78, of Delray
Beach; and
2) A City initiated rezoning from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District) from 0.757 acres site which involves:
. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acre.
. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing a total
of 0.044 acre.
. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acre.
. Lots 15 and 16 Block 78, containing a total of 0.304 acre.
. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acre.
The privately initiated 0.85 acre site is within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 4,410 sq. ft. retail store building built in 1962, a
5,508 sq. ft. warehouse distribution facility built in 1959, and a one-story 1,440 sq. ft warehouse
structure built in 1961. All three structures are to be demolished and replaced with a proposed
multiple family residential development known as Atlantic Shores. A conditional use request is
also included on this agenda to allow an increase height to 60'. The overlay zones which allow
this increase are limited to CBD and not the current CBD-RC designation.
The 0.76 acre City initiated site is also within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 2,311 sq. ft. food processing building built in 1999,
a 1,936 sq. ft. warehouse facility built in 1967, a one-story 1,560 sq. ft warehouse structure built
III. E.
Planning and Zoning Boare 3ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
in 1967, and a 13,250 sq. ft. warehouse distribution building built in1947. The proposed
rezoning requests are now before the Board for action.
ZONING ANALYSIS
I
REQUIRED FINDINGS:
Pursuant to lDR Section 3.1.1, 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.
D 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 zoning designation of CBD (Central Business District) is consistent with the
proposed Commercial Core (CC) FLUM designation, and mixed-use developments are
allowed as a permitted use within the CBD zoning district. Based on the above, positive
findings can be made with respect to FLUM consistency.
D Concurrencv: Concurrency, as defined pursuant to Objective B-2 of the Future Land
Use Element of the Comprehensive Plan, must be met and a determination made that
the public facility needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or to require the provision
of, needed capital improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of
Delray Beach.
The proposal involves amending the zoning designations from Central Business District
(CBD-RC) to CBD (Central Business District) on several adjoining parcels, which totals
approximately 1.607 acres. Concurrency findings with respect to Drainage, Parks and
Recreation, Solid Waste, Streets and Traffic, and Water and Sewer are discussed below:
Drainaqe: With a rezoning request drainage plans are not required. With redevelopment of
the site, drainage plans will be submitted; however there are no problems anticipated in
retaining drainage on site and obtaining any/all necessary permits.
Parks and Open Space: The Open Space and Recreation Element of the City's
Comprehensive Plan indicates in the conclusion that "The City will have sufficient recreation
facilities at build-out to meet the adopted standards". Non-residential uses are not
considered to have an impact on the City's Parks and Recreation facilities. However, any
proposed residential dwelling units would be assessed a Parks and Recreation impact fee
of $500 per unit at the time of building permit.
Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient
capacity to handle all development proposals until the year 2021.
2
III.E.
Planning and Zoning Boan:aff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
Streets and Traffic: The subject property is located within the City's Transportation
Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD,
and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described
areas from complying .with the Palm Beach County Traffic Performance Standards
Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a
traffic statement is necessary to keep a record of trips approved in the TCEA and for
calculation of traffic impact fees. A traffic statement was submitted for the generation of 39
AM peak hour trips and 45 PM peak hour trips.
Water and Sewer: Water service is available via service lateral connections to an existing
8" water main within S.E. 2nd Avenue right-of-way. Two (2) fire hydrants presently exist on
the west side of S.E. 2nd Avenue: one at the northeast side of the property and a second
one on the southeast side of the site. Sewer service is available via service lateral
connections to an existing 8" sanitary sewer main within the west alley right-of-way.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
D Consistencv: Compliance with the performance standards set forth in LDR Section
3.2.2, along with the required findings in LDR 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.
LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LDR Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The following table identifies the zoning designations and uses that are adjacent to the
subject property:
Zoninn: Use:
North Central Business District (CBD) Food Processing Company
South Central Business District-Railroad Corridor (CBD-RC) WarehouselDistribution
East Central Business District (CBD) Stores/Commercial/Retail
West Central Business District (CBD) Future Site of Mirafiores Residential
Develooment
As noted in the above table, the surrounding properties are zoned either CBD or CBD-RC. and
pursuant to LDR Section 4.4.28. many of the permitted and conditional uses within the CBD are
allowable within the CBD-RC. Given the sites location along the railroad tracks and adjacent
CBD areas, it would appear this area should be considered as an area where increased height
could be considered. To achieve this, the CBD-RC (Central Business District - Railway
Corridor) designation could be modified to be included in the areas allowing the increases or
the area could be rezoned to CBD (Central Business District). Given the prevailing land use
3
III.E.
Planning and Zoning Boarcaff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
patterns it appears more appropriate to modify the zoning to CBD. Therefore, the proposed
rezoning of the subject property from Central Business District (CBD-RC) to Central Business
District (CBD) poses no incompatibilities with the surrounding properties. The development
proposal will significantly enhance the aesthetics of the subject property unifying several
parcels under a single development. Further, the neighborhood and the downtown as a whole
will benefit by the inclusion of new residential dwelling units. Based upon the above, positive
findings with regard to LDR Section 3.2.2(D) could be made.
LOR Section 2.4.5/0) (5) - RezoninCl FindinQs:
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 following is an excerpt from the applicant's justification statement:
"Although the zoning has not been previously changed or originally established in error,
we believe that the planning policy which states that the subject property is not entitled
to receive a bonus for additional height, as its neighboring CBD properties, is a policy
error. Obviously, one of the places the City Commission has continued to support
height increases are properties on the railroad tracks. Therefore the fact that this
property is not entitled to an increase in height under Section 4.3.4(J)(4) of the LOR's is
indeed an error which was overlooked at the time the Ordinance was approved.
There has been a change in circumstances which makes the current zoning
inappropriate. The property directly to the east, which is located in the CBO District,
recently received approvals for increased height and density. It is inappropriate that
LDR Section 4.3.4(J)(4) does not allow the subject property on the rail road tracks to be
eligible for an increase in height even though the requirements under the LOR's are met.
Thus, the current zoning is inappropriate".
The requested zoning is of similar intensity as allowed under the Future Land Use Map
and is more appropriate for the subject property based upon circumstances particular to
the site and/or neighborhood. As previously stated, the property directly to the east is
already zoned CBD. Moreover, the Future Land Use Map already designates both of
these properties as Commercial Core (CC). In order to match the zoning map with the
Future Land Use Map, it is more appropriate for the subject property based upon the
circumstances particular to the site and neighborhood to be zoned CBO (Central
Business District) and should be entitled to receive approval for additional height ".
According to the applicant, the basis for which the rezoning is being sought relates to reasons
(a), (b) and (c). While staff disagrees with the applicant that the inability to seek conditional use
approval to increase height on this parcel is a policy error, the sites' location along the railroad
4
III.E.
Planning and Zoning Board 3ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
tracks and its proximity to adjacent CBD areas would appear to make this area as one where
increased height could be considered. The change in circumstances, in relation to the
prevailing land use patterns to the east, also appears to indicate that it is more appropriate to
modify the zoning of the subject property to CBD.
If consideration is given to modify the zoning designations, then a designation consistent with
the prevailing Future Land Use Map designation of Commercial Core (CG) to the north and
west should be given. The proposed FLUM (CC) and zoning (CBD) designations are of
identical intensity as the surrounding properties. Further, the zoning is appropriate for the
subject property as it will further the goals and objectives of the Downtown Delray Beach Master
Plan and Comprehensive Plan by enabling the provision of additional housing in the downtown
area. Thus, the request fulfills the necessary rezoning findings as per LDR Section 2.4.5(D)
(5).
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:
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.
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 and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The proposed CBD zoning will be complimentary with the future surrounding residential and
commercial developments (Miraflores, Bamboo North/South, and The Strand) and provide a
customer base for the businesses on a year-round basis, which in turn will provide economic
stability and growth for the downtown area.
In terms of fulfilling remaining land use needs. the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed CBD zoning of the subject property will help to fulfill this stated land use need by
allowing residential dwelling units in the downtown area in close proximity to shopping and
place of work, and is therefore consistent with this policy.
HousinCl Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
5
III.E.
Planning and Zoning Board Iff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
housing needs identified in this Element. Policies, which will implement this objective,
include:
HousinCl Element Policv .B-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The proposed CBD zoning of the subject property is consistent with Housing Element Policy B-
2.6 as it will allow the desired type of residential development within the CBD, while the current
CBD-RC zoning does not allow to seek conditional use approval to increase height to 60'.
HousinQ Policv A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
As noted previously, the proposed CBD zoning of the subject property will aid in the
revitalization and economic stability of the downtown area. The introduction of additional
residential dwelling units will increase safety of the area by introducing more night time activity
and more "eyes on the street" as a deterrent to criminal behavior.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 0.85 (privately initiated rezoning) acre parcel of land can occur in
accordance with the City's Land Development Regulations. During the site plan review process
the development proposal will be reviewed for compliance with the LDR. The applicant has
indicated intent to develop the subject property multiple family residential development which
will include the construction of a five-story residential building with a 64 spaces parking garage
on the ground floor; installation of 6 parallel parking spaces along 2"d Avenue; and residential
dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total). The
proposal is permissible under the proposed CBD zoning designation. A conditional use approval
is being sought by the applicant to allow an increase in density to 41.30 dulac and an increase
in height from 48 to 60 feet (also on this agenda for consideration). At this time, no issues have
been identified which would prohibit compliance with the requirements of the CBD zoning
district. Given the above, a positive finding with respect to compliance with the Land
Development Regulations can be assumed.
REVIEW BY OTHERS
~
Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) reviewed the rezoning request at its meeting of
November 11, 2005. The Board recommended approval of the rezoning requests from Central
Business District - Railway Corridor (CBD-RC) to Central Business District (CBD) by a vote of 5
to O.
6
III.E.
Planning and Zoning Board Iff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
Downtown Development Authority:
The Downtown Development Authority (DDA) reviewed the rezoning request at its meeting of
November 14, 2005. The B9ard recommended approval of the rezoning requests from Central
Business District - Railway Corridor (CBD-RC) to Central Business District (CBD).
Site Plan Review and Appearance Board (SPRAB):
If the rezoning and conditional use requests are granted, a site plan application addressing the
outstanding technical comments would need to be approved by the SPRAB. Final action on the
site plan will rest with the SPRAB.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Bill Wood, Delray Beach Chamber of Commerce
o Carolyn Zimmerman, President's Council
o Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
o Gail-Lee McDermott, Osceola Park
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
ASSESSMENT AND CONCLUSION
I
The proposed rezoning from Central Business District - Railway Corridor (CBD-RC) to Central
Business District (CBD) is consistent with the goals. objectives and/or policies of the Downtown
Delray Beach Master Plan, Comprehensive Plan, and LOR Sections 2.4.5(0) (5), 3.1.1 and
3.2.2(0). Positive findings can be made with respect to Concurrency and Compatibility with the
surrounding land uses. The rezoning will also allow a multiple family residential development
which will include the construction of a five-story residential building with a 64 spaces parking
garage on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue: and
residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total).
This development proposal would also result in the fulfillment of Housing Element Policy B-2.6
of the Comprehensive Plan which indicates the provision of housing in and near the downtown
area as a critical need. Based upon the above. the proposed rezoning should be recommended
for approval.
ALTERNATIVE ACTIONS
I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for:
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
7
III.E.
Planning and Zoning Board 3ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
Central Business District (CBD). The properties are located on the east side of S.E. 2""
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
3. The South 58 feet of Lot 14 Block 78, containing a total of (}.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District
(CBD) for the properties described above, 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
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot g Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
3. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
RECOMMENDED ACTION
~
Move a recommendation of approval to the City Commission for the privately sponsored
request for:
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
8
III.E.
Planning and Zoning Boare 3ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
3. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District (CBD)
for the properties described above, 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.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
9
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ATLANTIC SHORES REZONING
CITY OF OELRA Y 8EACH. FL
PLANNING & ZONING DEPARTMENT
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m PRIVATElY INITIATED REZONING BY ATLANTIC SHORES DEVELOPMENT
MAP REF: lM882
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THRU: PAUL DORLlNG, DIR OR OF PLANNING AND ZONING
FROM: ESTELlO BRETO, SENIOR PLANNER - ..D..~~,
SUBJECT: MEETING OF DECEMBER 13, 2005
CITY INITIATED REZONING FROM CBD-RC TO CBD FOR LOT 9. LESS THE SOUTH 7
FEET THEREOF, BLOCK 78. LOT 13. LESS THE NORTH 37 FEET THEREOF AND LOT
14 THROUGH LOT 16. INCLUSIVE, ALL LYING WITHIN BLOCK 78. AND ALL OF
BLOCK 86 LYING WEST OF THE FLORIDA EAST COAST RAILROAD. LESS THE
NORTH 25 FEET FOR STREET RIGHT-OF-WAY TOTALLING 1.25 ACRES. THESE LOTS
ARE LOCATED ALONG THE EAST AND WEST SIDES OF S.E. 2ND AVENUE. BETWEEN
S.E. 1ST STREET AND S.E. 2ND STREET.
The proposal includes a City initiated rezoning from CBD-RC (Central Business District - Railroad Corridor)
to CBD (Central Business District) for 1.25 acres site which involves Lot 9, less the North 7 feet thereof,
block 78, Lot 13 less the North 37 feet thereof and Lot 14 through Lot 16, inclusive, all lying within Block 78,
and all of Block 86 lying West of the Florida East Coast Railroad, less the North 25 feet for street right-of-
way.
The 1.25 acres site is within the Railroad Corridor area of the Central Business District (CBD-RC) and
contains: a one-story 2,311 sq. ft. food processing building built in 1999, a 1,936 sq. ft. warehouse facility
built in 1967, a one-story 1,560 sq. ft warehouse structure built in 1967, and a 13,250 sq. ft. warehouse
distribution building built in1947. Given the sites' location along the railroad tracks and adjacent CBD areas
it would appear this area could be considered as an area where increased height should be allowed through
the conditional use process. To achieve this, the CBD-RC (Central Business District - Railroad Corridor)
designation is being rezoned to CBD (Central Business District). Additional background and analysis of the
request can be found in the attached Planning and Zoning Board Staff Report.
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At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the rezoning request. There was no public testimony for or against the City initiated rezoning. After
reviewing the staff report and discussing the proposal the Board unanimously voted 7-0 to recommend
approval of the rezoning from CBD-RC (Central Business District - Railroad Corridor) to CBD (Central
Business District) for properties located along the east and west sides of S.E. 2nd Avenue, based on positive
findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning
Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance to rezone property from CBD-RC (Central Business
District - Railroad Corridor) to CBD (Central Business District) 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
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: Staff Report prepared for the P & Z meeting of November 21. 2005 & Proposed Ordinance
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MAP REF: LM882
ORDINANCE NO. 81-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED CENTRAL BUSINESS DISTRICT-RAILROAD
CORRIDOR (CBD-RC) DISTRICT TO CENTRAL BUSINESS (CBD)
DISTRICT; SAID LAND BEING PARCELS LOCATED ON THE EAST
AND WEST SIDES OF SE 2ND AVENUE WEST, BETWEEN SE pI
STREET AND SE 2ND STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE
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 Central Business District -
Railroad Corridor (CBD-RC) District; and
WHEREAS, at its meeting of November 21,2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3l74(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 I. 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 Central Business (CBD) District for the
following described property:
Lot 9, less the South 7 feet thereof, Block 78, Town of Linton (now Delray) according to
the plat as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County,
Florida
Together With
Lot 13, less the North 37 feet thereof and Lot 14 through Lot 16, inclusive, all lying within
Block 78 Town of Linton (now Delray), according to the Plat thereofrecorded in Plat Book
1, Page 3, of the Public Records of Palm Beach County, Florida.
Together With
All of Block 86 lying west of the Florida East Coast Railroad, less the North 25 feet for
street right-of-way, Town of Linton (now Delray), Palm Beach County, Florida, according
to the Plat thereof recorded in Plat Book 1, Page 3, 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 immediately upon passage on second
and final reading.
2
ORD NO. 81.05
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
3
ORD NO. 81-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21, 2005
III. E.
A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a
portion of Lot 13 of Block 78; and a City initiated rezoning involving a portion of
Lot 9 Block 78, the South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block
78, the South 58 feet of Lot 14 Block 78, Lots 15 and-16 Block 78, and a portion
Block 86. Both rezonings are from Central Business District - Railway Corridor
(CBD-RC) to Central Business District (CBD) (Quasi-Judicial Hearing).
~ I II
N.E. 2ND ST.
GENERAL DATA:
OwnerfApplicant............ Nate Hollander
Agent............................. Weiner & Aronson, PA
Location......................... Along East and West Side of SE
2nd Avenue, Approximately 80'
South of SE 1st Street.
Property Size................. 0.85 Acres
Future Land Use Map.... Commercial Core (CC)
Current Zoning............... Central Business District Railway
Corridor(CBD-RC)
Adjacent Zoning North: Central Business District (CBD)
South: Central Business District Railway
Corridor(CBD-RC)
East: Central Business District (CBD)
West: Central Business District (CBD)
Existing Land Use.......... Retail stores and warehouse
distribution facilities.
Proposed Land Use....... Multiple Family Residential
Water Service................ Available Via a service lateral
connection to the existing 8" water
main located within the SE 2nd
Avenue right-of-way.
Sewer Service................ Available via a service lateral
connection to the existing 8"
sanitary sewer main located within
the adjacent alley to the west.
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III.E.
ITEM BEFORE THE BOARD
I
The action before the Board is that of making a recommendation to the City Commission on a
City initiated rezoning which includes five different parcels involving a portion of Lots 9, 13, and
14 of Block 78, Lots 15 and 16 of Block 78 and a portion of Block 86, and is in conjunction with
a privately initiated rezoning (a portion of Lot 9, 10, 11, 12, and a portion of Lot 13 of Block 78).
The City initiated rezoning areas are located along the east and west sides of S.E. 2nd Avenue.
The change in zoning is from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District). -
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning and 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.
BACKGROUND
..~
The proposal involves two sites:
1) A privately initiated rezoning from CBD-RC (Central Business District - Railway Corridor) to
CBD (Central Business District) of five different parcels involving 0.85 acres site which
includes:
. The south 7' of Lot 9, Lot 10 and the north 53' of Lot 11, Block 78, Delray Beach (0.425
Acre);
. The south 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12, Block
78, City of Delray Beach, formerly known as the Town of Linton (0.236 acre);
. The south 23.5 feet of Lot 12, and the north 37 feet of Lot 13, Block 78, of Delray
Beach; and
2) A City initiated rezoning from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District) from 0.757 acres site which involves:
. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acre.
. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing a total
of 0.044 acre.
. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acre.
. Lots 15 and 16 Block 78, containing a total of 0.304 acre.
. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acre.
The privately initiated 0.85 acre site is within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 4,410 sq. ft. retail store building built in 1962, a
5,508 sq. ft. warehouse distribution facility built in 1959, and a one-story 1.440 sq. ft warehouse
structure built in 1961. All three structures are to be demolished and replaced with a proposed
multiple family residential development known as Atlantic Shores. A conditional use request is
also included on this agenda to allow an increase height to 60'. The overlay zones which allow
this increase are limited to CBD and not the current CBD-RC designation.
The 0.76 acre City initiated site is also within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 2,311 sq. ft. food processing building built in 1999,
a 1,936 sq. ft. warehouse facility built in 1967, a one-story 1,560 sq. ft warehouse structure built
III.E.
Planning and Zoning Boare aff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning Trom CBD-RC to CBD
in 1967, and a 13,250 sq. ft. warehouse distribution building built in1947. The proposed
rezoning requests are now before the Board for action.
ZONING ANALYSIS
I
REQUIRED FINDINGS:
Pursuant to LDR Section 3.1.1, 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.
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 zoning designation of CBD (Central Business District) is consistent with the
proposed Commercial Core (CC) FLUM designation, and mixed-use developments are
allowed as a permitted use within the CBD zoning district. Based on the above, positive
findings can be made with respect to FLUM consistency.
o Concurrencv: Concurrency, as defined pursuant to Objective B-2 of the Future Land
Use Element of the Comprehensive Plan, must be met and a determination made that
the public facility needs of the requested land use andlor development application
will not exceed the ability of the City to fund and provide, or to require the provision
of, needed capital improvements in order to maintain the Levels of Service Standards
established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of
Delray Beach.
The proposal involves amending the zoning designations from Central Business District
(CBD-RC) to CBD (Central Business District) on several adjoining parcels, which totals
approximately 1.607 acres. Concurrency findings with respect to Drainage, Parks and
Recreation, Solid Waste, Streets and Traffic, and Water and Sewer are discussed below:
Drainaqe: With a rezoning request drainage plans are not required. With redevelopment of
the site, drainage plans will be submitted; however there are no problems anticipated in
retaining drainage on site and obtaining any/all necessary permits.
Parks and Open Space: The Open Space and Recreation Element of the City's
Comprehensive Plan indicates in the conclusion that "The City will have sufficient recreation
facilities at build-out to meet the adopted standards". Non-residential uses are not
considered to have an impact on the City's Parks and Recreation facilities. However, any
proposed residential dwelling units would be assessed a Parks and Recreation impact fee
of $500 per unit at the time of building permit.
Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient
capacity to handle all development proposals until the year 2021.
2
III.E.
Planning and Zoning Boarcaff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
Streets and Traffic: The subject property is located within the City's Transportation
Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD,
and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described
areas from complying .with the Palm Beach County Traffic Performance Standards
Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a
traffic statement is necessary to keep a record of trips approved in the TCEA and for
calculation of traffic impact fees. A traffic statement was submitted for the generation of 39
AM peak hour trips and 45 PM peak hour trips.
Water and Sewer: Water service is available via service lateral connections to an existing
8" water main within S.E. 2nd Avenue right-of-way. Two (2) fire hydrants presently exist on
the west side of S.E. 2nd Avenue: one at the northeast side of the property and a second
one on the southeast side of the site. Sewer service is available via service lateral
connections to an existing 8" sanitary sewer main within the west alley right-of-way.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
D Consistencv: 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.
LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LDR Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The fOllowing table identifies the zoning designations and uses that are adjacent to the
subject property:
Zonina: Use:
North Central Business District (CBD) Food Processing Company
South Central Business District-Railroad Corridor (CBD-RC) Warehouse/Distribution
East Central Business District (CBD) Stores/Commercial/Retail
West Central Business District (CBD) Future Site of Miraflores Residential
Development
As noted in the above table, the surrounding properties are zoned either CBD or CBD-RC, and
pursuant to LDR Section 4.4.28, many of the permitted and conditional uses within the CBD are
allowable within the CBD-RC. Given the sites location along the railroad tracks and adjacent
CBD areas, it would appear this area should be considered as an area where increased height
could be considered. To achieve this, the CBD-RC (Central Business District - Railway
Corridor) designation could be modified to be included in the areas allowing the increases or
the area could be rezoned to CBD (Central Business District). Given the prevailing land use
3
III.E.
Planning and Zoning Boarcaff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBO-RC to CBO
patterns it appears more appropriate to modify the zoning to CBO. Therefore, the proposed
rezoning of the sUbject property from Central Business Oistrict (CBO-RC) to Central Business
Oistrict (CBO) poses no incompatibilities with the surrounding properties. The development
proposal will significantly enhance the aesthetics of the subject property unifying several
parcels under a single development. Further, the neighborhood and the downtown as a whole
will benefit by the inclusion of new residential dwelling units. Based upon the above, positive
findings with regard to LOR Section 3.2.2(0) could be made.
LOR Section 2.4.5(0) (5) - RezoninQ FindinCls:
Pursuant to LOR 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
(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 fOllowing is an excerpt from the applicant's justification statement:
"Although the zDning has not been previDusly changed Dr Driginally established in errDr,
we believe that the planning policy which states that the subject property is nDt entitled
to receive a bonus for additional height, as its neighboring CBD properties, is a policy
error. Obviously, one of the places the City Commission has continued to support
height increases are properties on the railroad tracks. Therefore the fact that this
property is not entitled to an increase in height under Section 4.3.4(J)(4) of the LOR's is
indeed an error which was overlooked at the time the Ordinance was approved.
There has been a change in circumstances which makes the current zoning
inappropriate. The property directly tD the east, which is located in the CBD District,
recently received approvals for increased height and density. It is inappropriate that
LDR Section 4.3.4(J)(4) does not allow the subject property on the rail road tracks to be
eligible for an increase in height even though the requirements under the LOR's are met.
Thus, the current zoning is inappropriate".
The requested zoning is of similar intensity as allowed under the Future Land Use Map
and is more appropriate for the subject prDperty based upon circumstances particular to
the site and/or neighborhood. As previously stated, the property directly to the east is
already zoned CBD. Moreover, the Future Land Use Map already designates both Df
these properties as Commercial CDre (CC). In order to match the zDning map with the
Future Land Use Map, it is more appropriate fDr the subject property based upon the
circumstances particular to the site and neighborhood to be zoned CBD (Central
Business District) and should be entitled to receive approval for additional height ".
According to the applicant, the basis for which the rezoning is being sought relates to reasons
(a), (b) and (c). While staff disagrees with the applicant that the inability to seek conditional use
approval to increase height on this parcel is a policy error, the sites' location along the railroad
4
III.E.
Planning and Zoning Board 3ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning !rom CBD-RC to CBD
tracks and its proximity to adjacent CBD areas would appear to make this area as one where
increased height could be considered. The change in circumstances, in relation to the
prevailing land use patterns to the east, also appears to indicate that it is more appropriate to
modify the zoning of the subject property to CBD.
If consideration is given to modify the zoning designations, then a designation consistent with
the prevailing Future Land Use Map designation of Commercial Core (CG) to the north and
west should be given. The proposed FLUM (CC) and zoning (CBD) designations are of
identical intensity as the surrounding properties. Further, the zoning is appropriate for the
subject properly as it will further the goals and objectives of the Downtown Delray Beach Master
Plan and Comprehensive Plan by enabling the provision of additional housing in the downtown
area. Thus, the request fulfills the necessary rezoning findings as per LDR Section 2.4.5(D)
(5).
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:
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.
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 and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The proposed CBD zoning will be complimentary with the future surrounding residential and
commercial developments (Miraflores, Bamboo North/South, and The Strand) and provide a
customer base for the businesses on a year-round basis, which in turn will provide economic
stability and growth for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption ofthe 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and enterlainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the imporlance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to supporl the
businesses in the downtown area".
The proposed CBD zoning of the SUbject property will help to fulfill this stated land use need by
allowing residential dwelling units in the downtown area in close proximity to shopping and
place of work, and is therefore consistent with this policy.
Housinq Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's, demographic profile, and meet the
5
III.E.
Planning and Zoning Board Iff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housina Element Policv .B-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The proposed CBD zoning of the subject property is consistent with Housing Element Policy B-
2.6 as it will allow the desired type of residential development within the CBD, while the current
CBD-RC zoning does not allow to seek conditional use approval to increase height to 60'.
Housina Policv A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
As noted previously. the proposed CBD zoning of the subject property will aid in the
revitalization and economic stability of the downtown area. The introduction of additional
residential dwelling units will increase safety of the area by introducing more night time activity
and more "eyes on the street'" as a deterrent to criminal behavior.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 0.85 (privately initiated rezoning) acre parcel of land can occur in
accordance with the City's Land Development Regulations. During the site plan review process
the development proposal will be reviewed for compliance with the LDR. The applicant has
indicated intent to develop the subject property multiple family residential development which
will include the construction of a five-story residential building with a 64 spaces parking garage
on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential
dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total). The
proposal is permissible under the" proposed CBD zoning designation. A conditional use approval
is being sought by the applicant to allow an increase in density to 41.30 du/ac and an increase
in height from 48 to 60 feet (also on this agenda for consideration). At this time, no issues have
been identified which would prohibit compliance with the requirements of the CBD zoning
district. Given the above, a positive finding with respect to compliance with the Land
Development Regulations can be assumed.
REVIEW BY OTHERS
I
Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) reviewed the rezoning request at its meeting of
November 11, 2005. The Board recommended approval of the rezoning requests from Central
Business District - Railway Corridor (CBD-RC) to Central Business District (CBD) by a vote of 5
to O.
6
III.E.
Planning and Zoning Board Iff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
Downtown Development Authority:
The Downtown Development Authority (DDA) reviewed the rezoning request at its meeting of
November 14, 2005. The Board recommended approval of the rezoning requests from Central
Business District - Railway Corridor (CBD-RC) to Central Business District (CBD).
Site Plan Review and Appearance Board (SPRAB):
If the rezoning and conditional use requests are granted, a site plan application addressing the
outstanding technical comments would need to be approved by the SPRAB. Final action on the
site plan will rest with the SPRAB.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Bill Wood, Delray Beach Chamber of Commerce
o Carolyn Zimmerman, President's Council
o Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
o Gail-Lee McDermott, Osceola Park
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
ASSESSMENT AND CONCLUSION
,
The proposed rezoning from Central Business District - Railway Corridor (CBD-RC) to Central
Business District (CBD) is consistent with the goals, objectives and/or policies of the Downtown
Delray Beach Master Plan, Comprehensive Plan, and LDR Sections 2.4.5(D) (5), 3.1.1 and
3.2.2(D). Positive findings can be made with respect to Concurrency and Compatibility with the
surrounding land uses. The rezoning will also allow a multiple family residential development
which will include the construction of a five-story residential building with a 64 spaces parking
garage on the ground floor; installation of 6 parallel parking spaces along 2"d Avenue; and
residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total).
This development proposal would also result in the fulfillment of Housing Element Policy B-2.6
of the Comprehensive Plan which indicates the provision of housing in and near the downtown
area as a critical need. Based upon the above, the proposed rezoning should be recommended
for approval.
ALTERNATIVE ACTIONS
I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for:
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
7
III.E.
Planning and Zoning Board 3ft Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBD-RC to CBD
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
3. The South 58 feet of Lot 14 Block 78, containing a total of 0-.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District
(CBD) for the properties described above, 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
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
3. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
RECOMMENDED ACTION
I
Move a recommendation of approval to the City Commission for the privately sponsored
request for:
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres): and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
8
III.E.
Planning and Zoning Boare 3ft Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
3. The South 58 feet of lot 14 Block 78, containing a total of 0.036 acres.
4. lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District (CBD)
for the properties described above, 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) f5), 3.1.1 and 3.2.2 of
the land Development Regulations.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
9
III.E.
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ATLANTIC SHORES REZONING
C CITY tNITIA TED REZONING
m PRIVATELY INITIATED REZONING BY ATLANTIC SHORES DEVELOPMENT
MAP REF: LM8S2
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FROM:
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DA'(rfi)r. HA~~Y MANAGER
PAUT~"'G. DI~TOR 'R P~~G AND ZONING
DERRICK L. COOK, PLANNE~
SUBJECT: MEETING OF DECEMBER 13, 2005
CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM
AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL)
FOR A 6.28 ACRE PARCEL LOCATED ON THE EAST SIDE OF
FEDERAL HIGHWAY AND THE WEST SIDE OF FLORIDA
BOULEVARD FORMERLY THE RALPH BUICK DEALERSHIP.
The property is the former location of Ralph Buick containing three (3) unoccupied buildings.
The proposal is to change the zoning designation of the property from AC (Automotive
Commercial) to GC (General Commercial). This change in zoning is to accommodate a mixed
use development containing commercial (15,000 SF retail and 12,000 S.F. office) combined
with 75 residential townhomes bordering Florida Boulevard. Under the proposed GC zoning, the
residential component of the proposed development will require conditional use approval which
is to be submitted if the rezoning is approved.
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At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the GC rezoning request. There were two people from the public that spoke in
support of the rezoning and another person supported the rezoning but desired further
explanation of what the future mixed use development would include. After reviewing the staff
report and discussing the proposal, the Board voted unanimously to recommend approval of the
rezoning request to the City Commission, 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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Approve on first reading the rezoning from AC to GC, 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, with second reading to occur on January 3, 2006.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of November 21 , 2005
\~~
ORDINANCE NO. 83-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED AUTOMOTIVE COMMERCIAL (AC)
DISTRICT TO GENERAL COMMERCIAL (GC) DISTRICT; SAID
LAND BEING A PARCEL LOCATED AT THE NORTHEAST
CORNER OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO.1)
AND FLADELL'S WAY (AVENUE "F"), AS MORE P ARTICULARL Y
DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
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 General Commercial (GC) District;
and
WHEREAS, at its meeting of November 21,2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, 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; 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 General Commercial (GC) District for
the following described property:
Lots 12 through 22, inclusive, less the West 38 feet thereof, Block 22; Lots 23 through 33,
inclusive, Block 22; all of Block 23, less the West 38 feet thereof; Lots 1 through 10
inclusive, and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive,
Block 36, all lying in Del-Raton Park, according to the plat thereof as recorded in Plat Book
14, Page 9, Public Records of Palm Beach County, Florida.
That portion of Frederick Boulevard lying adjacent to and East of the East line of Lots 11
through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the
west line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del-Raton
Park", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of
Palm Beach County, Florida.
That part of the right-of-way of Avenue "E", according to the Plat of "Del-Raton Park"
recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part
being bounded as follows: On the west by the present easterly right-of-way of US Highway
No.1; on the East by the westerly right-of-way line of Florida Boulevard; as shown on said
plat; on the North by Blocks 22 and 36 of said plat by a portion of the abandoned right-of-
way of Frederick Boulevard; on the south by Blocks 23 and 35 of said plat and by a portion
ofthe abandoned right-of-way of Frederick Boulevard.
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 immediately upon passage on second
and final reading.
2
ORD NO. 83-05
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
3
ORD NO. 83-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21, 2005
III.H.
---STAFF REPORT---
Rezoning from AC (Automotive Commercial) to GC (General Commercial) for a
6.28 acre Parcel of Land Located on the northea!tt corner of South Federal
Highway and Fladell's Way, formerly Ralph Buick Dealership.
GENERAL DATA:
Owner..................................... Zoberman, LLC
Agent...................................... Weiner & Aronson, P.A.
Applicant................................. New Century Companies, LLC
Location.................................. Northeast corner of South Federal
Highway and Fladell's Way
Property Size.......................... 6.28 Acres
Land Use Map Designation.... Automotive Commercial
Existing City Zoning................ AC (Automotive Commercial)
Proposed City Zoning............. GC (General Commercial)
Adjacent Zoning............North: PC (Planned Commercial)
East: RM (Medium Density Residential)
South: SAD (Special Activities District)
West: AC (Automotive Commercial)
Existing Land Use.................. Vacant buildings
Proposed Land Use................ Rezoning of the parcel from AC to
GC
Water Service......................... Available via connection to an
existing 16" and 10" water main
within Florida Boulevard.
Sewer Service........................ Available via connection to an
existing 8" sewer main within
Florida Boulevard.
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The action before the Board is making a recommendation to the City Commission on a
privately-initiated rezoning from AC (Automotive Commercial) to GC (General Commercial),
pursuant to LOR Section 2.4.5(0).
The subject property is located on the east side of Federal Highway and the west side of Florida
Boulevard at 1020 South Federal Highway and measures 6.28 acres.
Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations. the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The subject property is located on the east side of Federal Highway and the west side of Florida
Boulevard across from the intersection of Florida Boulevard and Dogwood Drive. The property
is the former location of Ralph Buick, and measures 6.28 acres with 3 existing buildings. The
buildings are not occupied.
The proposal is to change the zoning designation of the property from AC (Automotive
Commercial) to GC (General Commercial). The rezoning would allow the construction of a
mixed-use development.
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: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future Land Use Map.
The subject property has a Future Land Use Map (FLUM) designation of GC (General
Commercial and is currently zoned AC (Automotive Commercial). The proposed GC (General
Commercial) is consistent with the GC Future Land Use Map designation, as the GC
designation is identical to the FLUM designation and would allow for mixed-use development.
Based upon the above, positive findings can be made with respect to Future Land Use Map
Consistency.
Concurrencv: Concurrency as defined pursuant to Objective 8-2 of the Future land Use
Element of the Comprehensive Plan must be met and a determination made that the
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 2
public facility needs of the requested land use and/or development application will not
exceed the ability of the City to fund and provide, or to require the provision of, needed
capital improvements in order to maintain the Levels of Service Standards established in
Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
The proposal involves amending the zoning designation from AC to GC. The property is
approximately 6.28 acres. The proposed rezoning will have impacts on ..adopted concurrency
standards. Concurrency findings with respect to Water and Sewer, Drainage, Parks and
Recreation, Solid Waste, Schools, and Traffic are discussed below:
Water & Sewer: Water and sewer service is currently available to the subject property. The
Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment
Plant both have adequate capacity to serve the City at build out. An existing 16" along Federal
Highway and a 10" water main along Florida Boulevard, and an 8" sewer main are available
along Florida Boulevard. Based upon the above, positive findings can be made with respect to
this level of service standard.
Drainaqe: With a rezoning request drainage plans are not required. The storm water retention
will be reviewed during the site plan application process. There are no problems anticipated
with retaining drainage on site and obtaining a South Florida Water Management District permit.
Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive
Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out
to meet the adopted standards". A park impact fee is collected to offset any impacts that the
project may have on the City's recreational facilities. Pursuant to LOR 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 for parks and recreation purposes.
Solid Waste: The former use as an automotive dealership produced 440.4 tons of solid waste.
The allowed 75 dwelling units will generate a total of 39.0 tons of solid waste per year (75 units
x 0.52 tons = 18.2 tons). The allowed retail area will produce 79.05 tons of solid waste per year
(15,500 S.F. x 10.2 = 185,100 Ibs./2000). The proposed office area will generate 32.4 tons of
solid waste per year (12,000 S.F. x 5.4 = 641,800 Ibs /2000). The combined production of solid
waste is 150.45 tons, which is less waste produced by the former use at the property. The Solid
Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals until the year 2021, thus a positive finding with respect to this level of
service standard can be made.
Schools: The Palm Beach County School District must approve the development proposal for
compliance with the adopted Level of Service for School Concurrency. Verification from the
Palm Beach County School District is pending.
Traffic: The applicant needs to provide a site specific traffic study. Based on the average daily
trip volume, Federal Highway could exceed Level of Service "D." The applicant needs to also
provide a traffic impact analysis for Linton Boulevard and S.E. 10th Street intersections.
Consistencv: A finding of overall consistency may be made even though the action will
be in conflict with some individual performance standards contained within Article 3.2,
provided that the approving body specifically finds that the beneficial aspects of the
proposed project (hence compliance with some standards) outweighs the negative
impacts of identified points of conflict.
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 3
Section 3.2.2 (Standards for Rezonina Actions): Standards A and B are not applicable.
The applicable performance standards of Section 3.2.2 are as follows:
(C) Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning developments or zoning currently exists
along an arterial street, consideration should be given to increasing the depth of
the commercial zoning in order to provide for better project design.
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina Desianation:
Use:
South:
Planned Commercial (PC) and Medium
Density Residential (RM)
Special Activities District (SAD) and Medium
Density Residential (RM)
Medium Density Residential (RM)
Automotive Commercial (AC)
Shopping Plaza and Residential
North:
East:
West:
Commercial and Single and Multi-
Family Developments
Multi-Family Developments
Automobile Dealerships
The proposal will rezone 6.28 acres from AC to GC. Since the FLUM designation for the
proposed rezoning property and the surrounding areas to the west, north, and south is GC,
there are no compatibility issues. GC district allows for mixed-use development, which the
applicant desires to develop at the site encompassing commercial (retail and office) combined
with residential. The GC district also conditionally allows free standing multiple family housing
related to the RM standards excluding setback and height requirements. The applicant intends
to seek a conditional use approval to allow free standing multiple family housing at the site,
which would directly coincide with the existing multiple family developments to the east and
southeast of the parcel. The application of the mixed-use development would complement the
existing uses that surround the property that consist of commercial and primarily multiple family
developments. Based upon the above, positive findings with regard to LDR Section 3.2.2(D)
could be made.
Section 2.4.5(D)(5) (RezoninQ Findinas):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter 3, 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;
litH.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 4
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 has submitted a justification statement, which states the following:
"Reasons Band C both apply and are valid reasons for approving a change in the
zoning...Policy A 2.4 of the Future Land Use Element of the Comprehensive Plan indicates that
automotive uses are significant land uses within the City and as such have presented unique
concerns. This rezoning provides the City an opportunity to address and eliminate this unique
concern for this parcel of property. Additionally, the property to the north is a...well maintained
shopping plaza which would be more appropriately served by being a neighbor to a similar type
of development as opposed to a neighboring an automotive dealership.
Object A-1 of the Future land Use Elements of the Comprehensive Plans states that property
shall be redeveloped in a manner so that the use and intensity is appropriate and
complimentary to adjacent land uses and fulfill remaining land use needs. Clearly, a GC zoning
designation would be more complimentary to this shopping plaza and to the residential
properties to the east. Additionally, a GC zoning designation would assist the City in fulfilling the
remaining land use needs of the City of Delray Beach by eliminating an automotive use and
replacing it with a mixed-use project. Furthermore, Objective A-2 of the Future Land Use
Element is to reduce and eventually eliminate uses which are inconsistent with the character of
the City of Delray Beach. This rezoning provides an opportunity to eliminate an automotive use
and replace it with a mixed-use development which will be a great benefit to the entire area.
Additionally, the requested zoning of GC is of similar intensity as allowed under the Future Land
Use Map. In fact, the Future Land Use Map designation is GC consistent with the GC zoning
district. A GC zoning designation is more appropriate for the property based upon the
circumstances particular to the site and/or neighborhood. As stated above, the property to the
east more complementary to this residential type of zoning. In fact, pursuant to the GC zoning
district, free standing multiple family housing subject to the requirements of the RM district
(except for setback and height requirements) are a conditional use. Since the intent of the
rezoning is to develop such free standing multiple family housing to be developed subject to the
requirement of the RM district such rezoning is thus complimentary to the surrounding
residential and commercial properties. Therefore, a GC zoning designation is clearly more
appropriate for the property based upon the circumstances particular to the site and
neighborhood... .
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.
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:
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.
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 5
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 and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The proposed GC zoning will be complimentary with the current uses surrounding the property
which consist of commercial and primarily multiple family developments. The applicant
development initiative is to introduce a mixed-use project providing commercial and diverse
residential units.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area; In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area'~
The proposed GC zoning of the subject property will help to fulfill this stated land use need by
allowing residential dwelling units in the along federal highway in close proximity to shopping
and place of work, and is therefore consistent with this policy.
HousinCl Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
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 age, especially families with children, and
shall be required to provide 3 and 4 bedrooms units and activity areas for children
ranging from toddlers to teens.
The proposed GC zoning of the subject property is consistent with Housing Element Policy B-
2.2 as it will allow for a mixed-use development providing a variety of residential units.
HousinQ Policv A-12.3: In evaluating proposals for new devetopment or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 6
As presented previously, the GC designation is consistent with the FLUM designation of GC,
which allows mixed-use dev~lopments. The proposed rezoning will allow for the establishment
of a mixed-use development that is compatible with the surrounding commercial and residential
uses. The traffic volume introduced with the potential mixed-use development would coincide
with current traffic volume of the area generate by the commercial and residential aspects of the
area. The property is also located within an area of the City that consists of the traditional
roadway grid network. This network is conducive to traffic distribution, wherein, several diverse
options are available in the navigation of the area. Given the diffusion of vehicle trips, it is
unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic.
In terms of safety, the overall development scheme includes the introduction of new mixed-use
development containing commercial and multiple-family dwellings along Federal Highway that
will likely improve the safety of the area as well as its long term stability. It will introduce further
night time activity and more "eyes" to observe what is happening in the area, which should be a
deterrent to criminal activity. These factors should serve to further stabilize the commercial
aspects of the area and act as a genesis for commercial investment- Based upon the above, a
positive finding can be made with respect to Housing Element Policy A-12.3, that the rezoning
will not have a negative impact on the surrounding area with regard to noise, odors, dust, traffic
volumes, and circulation patterns.
Recreation Facilitv Element Obiectlve A-3: The provIsion of recreation facilities and
programs for the future well-being of this community is a joint responsibility of both
public and private sectors. That partnership shall be continued by each body taking an
appropriate role as expressed in following policies. Policies, which will Implement this
objective Include:
Recreation Facilities Poiicv A-3.1: Tots lots and recreational areas, serving children from
toddlers to teens, shall be a feature of all new housing developments as part of design to
accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units.
The applicant has proposed rezoning the property to GC to establish a mixed-use development
containing free standing multiple family development containing 75 units. The applicant will
provide recreational amenities to serve the residential component of the development proposal.
Based on the above, a positive finding can be made with respect to Recreation Facility Element
Policy A-3.1.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items Identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the development proposal.
The applicant has indicated in the rezoning process intend to propose free standing multiple
family housing in the project proposal stage for the site. As noted, free standing multiple family
housing in the GC district is a conditional use. The applicant would need to submit a conditional
use application for development as part of the project proposal. The review for compliance with
the City's Land Development Regulations will be addressed with the conditional use application
and the subsequent site plan application.
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 7
I
REYIf;WBV OTl:IERS
,.,.;..,..........:.:;...,.."...;
,.....;.....,...."...."
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting. -
The proposed rezoning from AC to GC is consistent with the goals, objectives and/or policies of
the City's Comprehensive Plan, LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2(D). Positive findings
can be made with respect to Concurrency and Compatibility with the surrounding land uses
As discussed previously with regard to LDR Sections 2.4.5(D)(5) and 3.2.2 (C) and (D), the
proposed rezoning of the subject property to GC is appropriate. The subject property is located
within an area containing mixed-use of commercial and residential. The proposed rezoning
would coincide with the current development area and it will also be consistent with the
Comprehensive Plan and FLUM designation of GC. Based upon the above, a recommendation
of approval should be made to the City Commission for the proposed rezoning.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately initiated
rezoning from AC to GC 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 meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2
of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately initiated
rezoning from AC to GC 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.
Move a recommendation of approval to the City Commission for the privately initiated rezoning
from AC to GC 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 meets
the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments: LocationlZoning Map
Report prepared by: Derrick L. Cook, Planner
III.H.
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REZONING FOR RALPH BUICK DEALERSHIP
CITY Of DElRA Y BEACH, fL
PLANNING & ZONING OEPART\lENT
FROM AC ( AUTOMOTIVE COMMERCiAl TO GC (GENERAL COMMERCIAL)
-- DIGITAL BASE MAP SYSTEM --
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[IT' DF DElRR' BER[H
CITY ATTORNEY'S OFFICE
2IJO Ny\-' 1s1 AVENlil.' ULLR/\'r' BEACH. FLORtDA 33444
TI~',LEPH()NE: ."i61/2.).i7()')O"I'i\CSI\1ILE: ."i6I/27X-47SS
Writer's Direct Line: 561/243-7091
DELRAY BEACH
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All-America City
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2001
MEMORANDUM
November 2, 2005
City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Village by the Sea, LLP, et al. v. City of Delray Beach
Case No. 50-2003 CA-010252-XXOCAI
Frank and Nilsa McKinney v. City of Delray Beach
Case No. 50-2003-AP-001 062XXCT A Y
The purpose of this memorandum is to call for a closed attorney-client session
pursuant to Florida Statutes 9286.011(8) for the December 13, 2005 City
Commission meeting to discuss settlement negotiations and strategy related to
litigation expenditures in the above cases.
Law requires strict compliance with Florida Statutes 9286.011 (8). Therefore, prior
to the commencement of the closed attorney-client session, the Mayor should read
the following:
The City has scheduled a closed attorney-client session pursuant to
Florida Statutes 9286.011 (8) in the cases of:
Village by the Sea, LLP v. City of Delray Beach
Case No. CA-010252-XXOCAI; and
Frank and Nilsa McKinney v. City of Delray Beach
Case No. 2003 AP 001062-XXCTAY.
The estimated length of the closed session shall be 30 minutes.
The following persons will be attending: Mayor Jeff Perlman,
Commissioners Jon Levinson, Patricia Archer, Alberta McCarthy,
Rita Ellis, and City Manager David Harden, City Attorney Susan
Ruby, Assistant City Attorney Terrill Barton, and a certified court
reporter.
At the end of the Commission meeting, the Mayor should announce that a closed-
door session will commence. After the closed session is over, the Mayor should
\'-\
City Commission
November 2, 2005
Page 2
announce that the regular meeting is reopened, and the closed session is
terminated.
By copy of this memorandum to David Harden, our office requests that the agenda
be prepared giving reasonable public notice of the time and date of the closed
attorney-client session for December 13, 2005 and that the agenda item include
the name of the case, the names set forth above of those persons attending the
session, and identify the item as a closed door session pursuant to Florida
Statutes 9286.011. Our office will arrange for a court reporter to be present as
required by statute. Attached is a copy of Fla. Stat. 9286.011.
Further, please place, after the item for the closed-door sessions, two sub-items
as follows:
a) Settlement of Village by the Sea, LLP v. City of Delray Beach
Case No. 50-2003-CA-010252-XXOCAI
b) Settlement of Frank and Nilsa McKinney v. City of Delray Beach
Case No. 50-2003 AP 001062-XXCTAY
SA .
cc: David Harden, City Manager
Chevelle Nubin, City Clerk
Statutes & Constitution :View Statutes :->2005->Ch0286->Section OIl : Online Sunshine Page I of3
Select Year: 12005 JilGol
The 2005 Florida Statutes
Title XIX Chapter 286 View Entire Chapter
PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS
286.011 Public meetings and records; public inspection; criminal and civil penalties."
(1) All meetings of any board or commission of any state agency or authority or of any agency or
authority of any county, municipal corporation, or political subdivision, except as otherwise provided in
the Constitution, at which official acts are to be taken are declared to be public meetings open to the
public at all times, and no resolution, rule, or formal action shall be considered binding except as taken
or made at such meeting. The board or commission must provide reasonable notice of all such meetings.
(2) The minutes of a meeting of any such board or commission of any such state agency or authority
shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of
this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon
application by any citizen of this state.
(3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction,
punishable by fine not exceeding $500.
(b) Any person who is a member of a board or commission or of any state agency or authority of any
county, municipal corporation, or political subdivision who knowingly violates the provisions of this
section by attending a meeting not held in accordance with the provisions hereof is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Conduct which occurs outside the state which would constitute a knowing violation of this section is
a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.Q83.
(4) Whenever an action has been filed against any board or commission of any state agency or authority
or any agency or authority of any county, municipal corporation, or political subdivision to enforce the
provisions of this section or to invalidate the actions of any such board, commission, agency, or
authority, which action was taken in violation of this section, and the court determines that the
defendant or defendants to such action acted in violation of this section, the court shall assess a
reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the
individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so
assessed may be assessed against the individual member or members of such board or commission;
provided, that in any case where the board or commission seeks the advice of its attorney and such
advice is followed, no such fees shall be assessed against the individual member or members of the
board or commission. However, this subsection shall not apply to a state attorney or his or her duly
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authorized assistants or any officer charged with enforcing the provisions of this section.
(5) Whenever any board or commission of any state agency or authority or any agency or authority of
any county, municipal corporation, or political subdivision appeals any court order which has found said
board, commission, agency, or authority to have violated this section, and such order is affirmed, the
court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or
authority. Any fees so assessed may be assessed against the individual member or members of such
board or commission; provided, that in any case where the board or commission seeks the advice of its
attorney and such advice is followed, no such fees shall be assessed against the individual member or
members of the board or commission.
(6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location
which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which
operates in such a manner as to unreasonably restrict public access to such a facility.
(7) Whenever any member of any board or commission of any state agency or authority or any agency or
authority of any county, municipal corporation, or political subdivision is charged with a violation of this
section and is subsequently acquitted, the board or commission is authorized to reimburse said member
for any portion of his or her reasonable attorney's fees.
(8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or
authority or any agency or authority of any county, municipal corporation, or political subdivision, and
the chief administrative or executive officer of the governmental entity, may meet in private with the
entity's attorney to discuss pending litigation to which the entity is presently a party before a court or
administrative agency, provided that the following conditions are met:
(a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice
concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions
related to litigation expenditures.
(c) The entire session shall be recorded by a certified court reporter. The reporter shall record the
times of commencement and termination of the session, all discussion and proceedings, the names of all
persons present at any time, and the names of all persons speaking. No portion of the session shall be
off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk
within a reasonable time after the meeting.
(d) The entity shall give reasonable public notice of the time and date of the attorney-client session
and the names of persons who will be attending the session. The session shall commence at an open
meeting at which the persons chairing the meeting shall announce the commencement and estimated
length of the attorney-client session and the names of the persons attending. At the conclusion of the
attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall
announce the termination of the session.
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(e) The transcript shall be made part of the public record upon conclusion of the litigation.
History.--s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1,
ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353.
Copyright'" 1995-2005 The Florida Legislature. PriYac>cStaternent . Contact Us
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