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01-17-06 Agenda Reg City of Delray Beach Regular Commission Meeting ~'(. 0 ,,'c........ ~ ... ..i.'.,.~ 0...-..: _ .:t '?: v ~..)' &~,., ==::J Tuesday. Tanua.y 17. 2006 Regular Meeting 6:00 p.m. Public Heatings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission 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 allowed only when requested by a member of the City Commission. 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 hours 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: · December 13, 2005 - Regular Meeting · January 3, 2006 - Regular Meeting · January 10,2006 - Special/Workshop Meeting 6. PROCLAMATIONS: A. Recognizing and Commending the Delray Rocks Football & Cheerleading Squads B. Recognizing and Commending the Delray Rocks Football Coaches C. Recognizing DIAL 2-1-1 Week - February 5-11, 2006 7. PRESENTATIONS: A. Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reporting B. 2005 Digital Cities Survey Award - Information Technology Division C. Re-accreditation Award for the Parks and Recreation Department D. Site Plan Review and Appearance Board (SPRAB) Awards 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL SUBDIVISION PLAT APPROVAL/TURTLE BEACH PLAT: Approve the minor subdivision plat for Turtle Beach, located on the east side of State Road A-l- A, just south of Casuarina Road. B. ACCEPTANCE OF RIGHT-OF-WAY DEED/52? N.W. 1" AVENUE: Approve and accept a right-of-way deed associated with 527 N.W. 1" Avenue. C. RESOLUTION NO. 4-06: Approve Resolution No. 4-06 assessing costs for abatement action required to remove nuisances on ten (10) properties throughout the City. D. BUDGET TRANSFER FROM CITY MANAGER'S CONTINGENCY TO GRANT ACCOUNT /CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT: Approve a budget transfer from the City Manager's Contingency Account in the amount of $21,990.00 to the Chamber of Commerce Economic Development Grant Account. 01-17-2006 - 2 - E. RESOLUTION NO. 5-06 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): Approve Resolution No. 5-06 adopting the amended Local Housing Assistance Plan for Fiscal Years 2004-2007 pUtsuant to Title 67-37 of the Florida Administrative Code. F. RESOLUTION NO. 6-06 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HURRICANE HOUSING ASSISTANCE PLAN): Approve Resolution No. 6-06 adopting the amended State Housing Initiatives Partnership (SHIP) Hurricane Housing Assistance Plan for Fiscal Years 2005-2008 pursuant to Title 67-37 of the Florida Administrative Code. G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 3, 2006 through January 13, 2006. H. AWARD OF BIDS AND CONTRACTS: 1. Putchase award to Don Reid Ford in the amount of $13,635.00 via the Florida Sheriff's Association Bid #04-12-0823 Rollover for the pUtchase of one (1) 2006 Ford Taurus for the Fire-Safety Division. Funding is available from 001-2317- 522-64.20 (General Fund/Automotive). 2. Approve an emergency pUtchase order #632741 and award to McCourt North Tennis in the amount of $25,000.00 for the resUtfacing of seven (7) hard courts at the Delray Beach Tennis Center. Funding is available from 001-4215-575- 46.90 (General Fund/Other Repair/Maintenance Costs). 3. Putchase award to Westco TUtf Supply, Inc. in the amount of $21,333.00 via the Florida State Contract #515-630-03-1 for the pUtchase of one (1) Toro Groundsmaster 3505 Fine Cut Rotary Mower for the Parks Maintenance Division. Funding is available from 001-4131-572-64.90 (General Fund/ Other Machinery/Equipment). 4. Putchase award to Pitney Bowes in the amount of $27,286.00 via the Florida State Contract Number 600-760-00-1 for the pUtchase of one (1) Pitney Bowes Model DM 1000 Digital Postage Machine with a thirty (30) pound scale for City Hall. Funding is available from 334-6112-519-64.90 (General Construction Fund/Other Machinery/Equipment). 9. REGULAR AGENDA: A. CONSIDERATION OF A CONDITIONAL USE REOUEST / ATLANTIC PLAZA: Consideration of a conditional use request to increase the building height to a maximum of 60 feet and to allow a density increase above 30 dwelling units per acre for Atlantic Plaza, a proposed mixed-use development, located at the intersection of N.E. 7'" Avenue and Atlantic Avenue. (Quasi-Judicial Hearing) (WITHDRAWN DUE TO A REOUEST FROM THE DEVELOPER) 01-17-2006 - 3 - B. CONDITIONAL USE EXTENSION REOUEST /BLOCK 77: Consider an extension request for the conditional use approvals which allowed a building height of 60 feet for a 6-story mixed-use building (residential/retail) and which allowed the residential units to exceed 30 units per acre for Worthing Place, located on the south side of East Atlantic Avenue between S.E. 1" Avenue and S.E. 2nd Avenue. (Quasi- Judicial Hearing) C. DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT: Consider approval of the Downtown Marketing Co-operative Agreement (formerly known as the Joint Venture) with the City, Community Redevelopment Agency, Downtown Development Authority, and the Chamber of Commerce. D. AGREEMENT /CGI COMMUNICATIONS. INC.: Consider approval of an agreement with CGI Communications, Inc. to provide an online community video program for the City. E. FUNDING REOUEST /RAINBOW TENNIS TOURNAMENT: Consider a funding request from Mr. Yusuf Ahmed in the amount of $7,000.00 to help offset costs of the Rainbow Tennis Tournament to be held February 17-19,2006 at the Tennis Center. Staff recommends denial. F. SPONSORSHIP REOUEST /NATURAL MEN AND NATURAL WOMEN ORGANIZATION (NMANWO): Consider a sponsorship request from the Natutal Men and Natutal Women Organization (NMANWO) for the North Florida/South Florida All Stars football game which was held on December 31, 2005; several of the Delray Rocks Players and Coaches participated in the game. If approved, a funding source will need to be identified. G. SPONSORSHIP REOUEST /4TH ANNUAL AFRICAN DIASPORA AWARDS AND LUNCHEON 2006: Consider a request from Jane Bassa Tolliver to provide a Bronze Sponsorship in the amount of$500 for the 4'" Annual African Diaspora Awards and Luncheon to be held on February 5, 2006. If approved, a funding source will need to be identified. H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular membet to the Code Enforcement Board for a three (3) year term ending January 14, 2009. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). I. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). 01-17-2006 - 4 - J. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint three (3) regular members to the Parking Management Advisory Board to represent: the Adantic Avenue corridor between Swinton Avenue and the Intracoastal, the Atlantic A venue and State Road A lA corridors lying east of the Intracoastal Waterway, and the Atlantic Avenue corridor between Swinton Avenue and Interstate 95 for two (2) year terms ending January 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5). K. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for an unexpired term ending June 30, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board for a two (2) year term ending December 13, 2007. Based upon the rotation system, the appointment will be made by Commissioner Ellis (Seat #1). M. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission (PERC) for a four (4) year term ending January 29, 2010. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). N. RECONSIDERATION OF THE POLICE ADVISORY BOARD APPOINTMENTS: Reconsideration of the Police Advisory Board Appointments that were approved at the December 13, 2005 Commission Meeting. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 1-06: Rezoning from POD (professional Office District) to RM- 10 (Medium Density Residential-l0 Units per acre) for a 1. 77 acre parcel to be known as Palm Trail Carriage Homes, 816 Palm Trail, located approximately 170 feet north of George Bush Boulevard. (Quasi-Judicial Hearing) B. ORDINANCE NO. 2-06: Amendment to Land Development Regulations Subsection 4.3.4(/), "Height", by amending Paragraph 4.3.4.(/)(1), "Defined"; Paragraph 4.3.4.0)(3), "Exceptions to District Height Limitations"; Paragraph 4.6.18(B)(14)(i), "Roofs and Gutters"; and Appendix "A", "Definitions"; to allow and regulate parapets. C. ORDINANCE NO. 3-06: Amendment to Land Development Regulations Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required" for the reservation of one (1) parking space per residential unit in mixed-use developments utilizing the shared parking tables. 01-17-2006 - 5 - D. ORDINANCE NO. 4-06: An ordinance amending Chapter 91, "Animals" of the Code of Ordinances by amending Section 91.20, "Running at Large", to clarify that "at large" shall mean not under the ditect control of owner whether on or off owner's property. 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. 8-06: An ordinance amending Chapter 71, "Parking Regulations", "General Provisions" of the Code of Ordinances by enacting Section 71.006, "Surcharge on Parking Fines", to provide for a surcharge on parking fines to fund the School Crossing Guard Program. If passed, a public hearing will be scheduled for February 7, 2006. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: .JANUARY 13, 2006 01-17-2006 - 6 - DECEMBER 13. 2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 13, 2005. 1: Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Williams Stokes with St. Paul's Episcopal Church. 3. gIVen. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman stated there is a request to move Item 9.A., Conditional Use Request/Spin 2 Win to the end of the Regular Agenda as Item 9.K. Also, Mayor Perlman stated there is a revised lnterlocal Agreement for Item 8.J., Interlocal Al!reement with Palm Beach Countv/Barwick Road. Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: . NONE 6. PROCLAMATIONS: · NONE 12/13/05 7. PRESENTATIONS: . NONE 8. CONSENT AGENDA: City Manal!:er Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVALIROYAL ATLANTIC PLAT: Approve the boundary plat for Royal Atlantic Plat, located on S.E. 1st Avenue, south of Atlantic Avenue. 8.B. FINAL SUBDIVISION 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. 8.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. The caption of Resolution No. 88-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRA Y 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. Office. ) (The official copy of Resolution No. 88-05 is on file in the City Clerk's 8.D. INTERLOCAL AGREEMENT/PALM BEACH COUNTYIROOTS CUL TURAL 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. -2- 12/13/05 S.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 entryway at Fire Station #1. Funding is available from 334-6112-519-46.10 (General Construction Fund/Renewal & Replacement/Building Maintenance). S.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 I, 2007. S.G. FDOT UTILITY PERMIT & HOLD 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 corner of US I and Lindell Boulevard; and approve a hold harmless agreement with the developer (Savion Holdings, LLC). 8.H. SERVICE AUTHORIZATION NO. '/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. BondlNeighborhood Parks). 8.1. 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. S.J. INTERLOCAL AGREEMENT~ALM 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 FundlBarwick Road). 8.1(. CHANGE ORDER NO. 2/FINAL PAYMENTIWESTCHESTER 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 Fire 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). S.L. AGREEMENTINON-PROFIT ACADEMYIEXECUTlVE 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 OrganizationslNRI). - 3 - 12113/05 8.M. INTERLOCAL AGREEMENT/PALM BEACH COUNTYIWEED & 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. 8.N. SPECIAL EVENT REQUESTIHOW ARD ALAN 1 ih 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.lS.E. 6th Avenue east to Salina, and Villoro'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 1-95 ten (10) days prior to the event with the sponsor paying all overtime costs. 8.0. 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. The caption of Resolution No. 89-05 is as follows: A RESOLUTION OF THE CITY OF DELRA Y BEACH AUTHORIZING, PURSUANT TO SECTION l25.01(6)(a), FLORIDA STATUTES, A PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY PERTAINING TO THE FUNDING OF ITS COUNTYWIDE DISPATCH SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTNE DATE Office.) (The official copy of Resolution No. 89-05 is on file in the City Clerk's The caption of Resolution No. 90-05 is as follows; A RESOLUTION OF THE CITY OF DELRAY BEACH STATING THE CITY'S INTENT TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, REGARDING A CONFLICT WITH PALM BEACH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTNE DATE. Office. ) (The official copy of Resolution No. 90-05 is on file in the City Clerk's - 4- 12/13/05 S.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. ~ AWARD OF BIDS AND CONTRACTS: . NONE Ms. McCarthy moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 9. 9.A. THIS ITEM HAS BEEN MOVED TO THE END OF THE REGULAR AGENDA AS ITEM 9.K. REGULAR AGENDA: 9.B. CONDITIONAL USE REOUESTILEGACY 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 ofN.E. 5th Avenue 284 feet north of Atlantic Avenue (50 N.E. 5th Avenue), formerly occupied by the Washington Mutual Bank. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-343 into the record. Mr. Dorling stated 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 (formerly the Great Western Bank). The bank included four drive-through lanes along the Neil Macmillan at the time of the construction of the bank. The use of the property ceased on December 3, 2003. 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. The use falls within the category of Financial Institutions, e.g., banks and similar institutions, and requires conditional use approval pursuant to LDR Section 4.4.13(D)(5). - 5 - 12/13/05 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(D)(5), and Chapter 3 of the LDR's, subject to the conditions outlined in the attached staff report. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, representing the applicant stated they adopt the findings in the staff report and accept the conditions of approval. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Ellis moved to approve the conditional use request to establish Legacy Bank of Florida, subject to staff findings and subject to finding "yes" in all the requirements of the Board Order, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.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 ofN.W. I st Street. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2005-366 into the record. Mr. DOrling stated this is a conditional use modification to expand an existing automotive repair use to accommodate an additional building and new use on the site (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. -6- 12113/05 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. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, representing the applicant stated they agree with the staff report and its findings in addition to accepting all the conditions of approvaL Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the conditional use modification request, to please come forward at this time. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Archer moved to adopt the conditional use modification request for Arnst Ocean Automotive subject to staff findings and subject to finding "yes" in all the requirements of the Board Order, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.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) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated Citywalk, located at 200 N.E. 2nd Avenue (Pineapple Grove Way) has submitted a Class III site plan modification for the conversion of a total 1,813 square feet of retail space to restaurant and the addition of 300 square feet of outdoor dining in the courtyard area along Pineapple Grove Way. Mr. Aronson stated in November 2004, this project was approved with four in-lieu parking spaces. The developer could have met all of the parking requirements by just having retail on the ground floor through the direction of several of the Boards they were asked to have a restaurant component. 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, the applicant is opting to enter into an In-Lieu of Parking Fee Agreement to pay in installments pursuant to LDR Section 4.6.9(E)(3)( d), the first of which would be 50% ($18,000) at the signin~ of the agreement with two (2) subsequent payments of25% ($9,000 each) due on the 2n and 3rd anniversaries of the agreement. -7- 12/13/05 At its meeting of October 5, 2005, the Community Redevelopment Agency recommended approval with a 6-1 vote (Lewis dissenting). At its meeting of October 10, 2005, the Downtown Development Authority unanimously recommended approval. At its meeting of October 19, 2005, the Pineapple Grove Main Street Board recommended approval; at its meeting of November 22, 2005, the Parking Management Advisory Board (PMAB) unanimously recommended approval. Staff recommends approval of the request. Lenny Smith, Porten Companies, 666 South Military Trail, Deerfield Beach, stated they are committed to have a restaurant at Citywalk and as they started having conversations with possible tenants for the restaurant, Morgan Russell (partner in charge of locating the tenant) was finding that the space was not enough and was not going to be adequate for the kind of tenant they feel should be in this space. Mrs. Archer asked if this is the only restaurant space in the building. In response, Mr. Aronson stated the remainder of the plan at this point is devoted to retail. Mrs. Archer asked if the space to the north can be reconverted back to a restaurant space. Mr. Aronson stated they would have to come through another Class III site plan modification and would have to come before the PMAB for approval because this would require additional parking spaces. Prior to the vote, Mayor Perlman stated he supports the request for the in- lieu parking and stated Citywalk has been successful from a sales perspective. However, he stated there is still not a lot of pedestrian traffic on this street and it needs some attention. Mayor Perlman stated the restaurants bring pedestrians down the street which allows for the retail in his opinion to be successful. Also, he stated in an urban environment people will park a few blocks away if they have to and will walk particularly if there is something to draw them. Mayor Perlman stated the in-lieu parking fees need to be higher because it is not enough to create the parking. Mrs. Archer stated she supports this request as well mostly because there is still nothing in this area to draw people down this street. She expressed concern that she does not want the rest of the space to go into restaurants because we do need to preserve the retail. Mrs. Archer moved to approve 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's, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson _ Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.G. - 8 - 12/13/05 9.G. INTERLOCALAGREEMENT/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. 1st Street, and west of Pineapple Grove Way. Mayor Perlman declared a conflict of interest, passed the gavel to Vice Mayor Levinson and stepped down from the dais. The City Attorney stated this is an Interlocal Agreement that was drafted to make sure the momentum for the parking garage at Old School Square keeps on track and so that the City could proceed with certain demolition (if necessary) to locate utilities and things the City can do without disturbing the tenants who have until February 28, 2006 to leave the building. The City Attorney stated this is an authorization by the Community Redevelopment Agency (CRA) to allow the City to do this and noted the CRA is the owner of the property until the tenants leave. Ms. McCarthy moved to approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) allowing the City to begin demolition and utility relocation work on property just east of Old School Square, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.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. At this point, Mayor Perlman returned to the dais. The City Attorney stated this case arises from a rear-end collision in which a City pickup truck struck the rear of the Plaintiff's vehicle as it was stopped for a red light. She stated staff recommends denial of the settlement offer. Mr. Levinson moved to deny the Proposal for Settlement in the amount of $100,000.00 in Ayala v. the City of Delray Beach, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion was DENIED with a 5 to 0 vote. 9.1. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Approve and appoint eleven (II) 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. - 9 - 12/13/05 Lula Butler, Director of Community Improvement, stated staff recommends appointing the list of residents and business owners as recommended by the Mayor's committee on race relations. Staff recommends that the City Commission approve and appoint eleven (II) 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 R.A.C.E. Relations. Mrs. Archer asked if staff could solicit applications from those individuals who might be youth participating in some of the City's Police programs at Atlantic High School. She stated she knows it is difficult to get the students interested and willing to attend some of the meetings because of their busy schedules. Mrs. Butler stated she feels this is an excellent idea. Mr. Levinson stated since this is a citywide board and it had specific recommendations from the committee with regard to majority/minority, he would like to see the breakdown of the demographics of the eleven (II) recommended people before he votes on this. He stated it is very important to have citywide representation in as many ways as we can and noted that this is a very important board and has a position of incredible trust. Mr. Levinson stated there appears to be no Haitian member on the Task Force and he would like to ensure that they appropriately responded to the community and that they have the proper breakdown for the group. Ms. McCarthy stated the criteria that was requested was designed by this committee and feels we do have representation of most nationalities that are in the City of Delray Beach. She stated after reviewing the applications and knowing their addresses and professions, the committee was looking for people in certain businesses and requested that people be of different minorities within the city. Ms. McCarthy stated she supports the list that the committee has taken the time to put together and bring forward to the Commission because they felt that it actually satisfied the outline that they wanted from applicants. Mrs. Archer concurs with the comments expressed by Ms. McCarthy and stated the R.A.C.E. Relations Committee put in a great deal of time into this and she is in favor of supporting the list as it stands. Prior to the vote, Mr. Levinson stated he would like to see the name Joseph Ferrer removed from the list. Mr. Levinson stated he understands that one of the candidates did remove his name voluntarily from the list prior to the voting and the other did not. In addition, Mr. Levinson stated he would like the name Charles Ridley removed from the list. He stated this Board should have the trust and full faith of the community and expressed concern that Mr. Ridley has demonstrated that he violated the trust of the community and believes this is problematic for a citywide board with such significant importance. Mayor Perlman stated Mr. Fetzer withdrew his name because of his candidacy of the election and the others did not. Mayor Perlman stated he is not - 10 - 12113/05 comfortable with this either because he feels it provides for inherit conflicts. However, he will honor what the R.A.C.E. Relations Committee had recommended. The City Attorney stated this is potentially a dual office holding issue. She has advised some candidates that there is a "resign to run" statute that a candidate must adhere to if they are going to hold two offices. She stated it is her understanding of this committee that it makes recommendations and it is not binding. Therefore, the City Attorney stated in her opinion this particular seat would not be an "office". The City Attorney stated state law provides that it is possible to be a member of this board as well as sit on the City Commission. However, in the City's ordinances unless called for, one cannot serve on two boards unless it is provided for and this would be a problem if Mr. Ferrer were elected. Mayor Perlman stated if he sees this being used as a political instrument, then he will seek Mr. Ferrer's removal from this board. The City Attorney stated from a legal perspective only there is not a violation of any law for this to happen. If however Mr. Ferrer were to be elected, then the Commission would have an issue with the City ordinances to deal with. Mayor Perlman stated he concurs with Mr. Levinson's concern about there being no Haitian representation and knows the committee did vote for this. Mayor Perlman stated the Haitian community is a large segment of the community that interacts on a regular basis with the Police Department and feels they need to have a voice at the table (i.e. Haitian-American student). Ms. McCarthy moved to approve the list submitted by the R.A.C.E. (Relationship between Authorities, Citizens, and Experts) Relations Committee for the Police Advisory Board, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to I vote, Commissioner Levinson dissenting. 9.J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint one (I) regular member to the Education Board for an unexpired term ending July 31,2006 and appoint one (I) 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). Mr. Levinson moved to appoint Harold Van Amem as a regular member to the Education Board for an unexpired term ending July 31,2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. - II - 12/13/05 Ms. McCarthy stated she would like to defer her appointment to the regular City Commission meeting of January 3, 2006. At this point, the time being 6:42 p.m., the Commission moved to Item 9.E. ofthe Regular Agenda. 9.E. BONUS PAYMENT TO JCD 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). Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider a bonus payment to JCD Sports Group. The amount requested by Mr. Dubin is $18,000.00. Mr. Barcinski stated staff has a difference of opinion on what the bonus should be. The actual performance measures would equate to a bonus of $10,843.00. Mr. Barcinski stated he did look at the numbers and recommends a point total which equates to a little over $12,946.40. Brahm Dubin, JCD Sports Group, Inc., disagrees with the recommended bonus amount. He stated JCD Sports Group has been at the Delray Beach Golf Club for 15 years and at Lakeview and the Tennis Center for 10 years and each facility on its own is recognized as one of the best in South Florida. He stated his staff has been the most loyal, dedicated, and likeable anywhere. Mr. Dubin stated IDC Sports Group is always there to resolve problems in an efficient and timely manner and during hurricanes the Delray Beach Golf Club employees can be counted on to show up and serve thousands of meals to City workers although they are faced with the same tragedies everyone else is faced with. He stated he is proposing that less emphasis be placed on golf rounds and golf fees and believes that performance measures should be used as only one quantifiable measure. He believes the City should consider intangibles if they so exist in a particular year to calculate their annual bonus. He stated the City's recommendations do not adequately take into account factors beyond their control (i.e. hurricanes). Mr. Dubin stated the fall hurricanes of 2004 had a financial impact on all businesses well beyond the first quarter of fiscal year 2005. He stated people have cut spending in many areas and have still not recovered from the hurricanes from one year ago. He stated he is confident that the customers are very happy with their performance and feels the City of Delray Beach is also satisfied with their performance. Mr. Dubin stated the request for an $18,000.00 bonus is reasonable, justifiable, and fair based on the circumstances of the last year. Mr. Levinson stated when the bonus system was reviewed a couple of years ago they tried to create a system where it was a little more objective and a little less subjective. He stated at that time he suggested that everyone look at the net revenues and - 12 - 12113/05 not the gross revenues. Mr. Levinson stated there would have been ways to do this and achieve the net revenues. He supports staffs recommendation and stated we have had the risk of hurricanes since the beginning of the contract year. Brief discussion between staff and the Commission followed. Mrs. Archer stated she does not want to penalize the staff that has worked so hard this year because of the hurricane. However, she feels it would be appropriate to review the rating system based upon the fact that more than likely there will be more hurricanes in the upcoming years. Prior to the vote, Mr. Levinson stated this time last year JCD Sports Group, Inc. was granted a bonus and compensated for the storms of 2004. He strongly opposes the bonus payment because he feels they were compensated last year for the storms the year before. This year's storms which occurred in October 2005 can be compensated for at the end of next year (fiscal year 2005/2006). Mrs. Archer stated she does not feel they should not be compensated because there was not a storm. She reiterated that the rating system needs to be reviewed based upon the possibility of more hurricanes occurring in the future. Mrs. Archer moved to approve that one-third ($2,000) of the difference be added to staff's recommendation ($14,061.00) for a bonus payment to JCD Sports Group, Inc. for fiscal year 2004/2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer- Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 4 to I vote, Commissioner Levinson dissenting. 9.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. Robert A. Barcinski, Assistant City Manager, stated this is a request for the proposed changes to the performance measures which would change the point total assignment. Ms. McCarthy stated in looking at the history of this it appears that the City sets a policy and it is negotiated and we take the time to put it in place. She expressed concern that the Commission has taken into consideration hurricanes, when the golf course greens had to be redone and trees had to be moved and they were going to have an off year because of that. Ms. McCarthy suggested that there be a bonus policy that makes sense and stick to it. Mrs. Archer stated employees do put forth a great deal of effort in a different direction during times of extraordinary problems or acts of God. She stated if this does happen, she suggested that there be something in place to appropriately evaluate their performance in that area as well. - 13 - 12113/05 Brief discussion followed by the Commission. It was the consensus of the Commission to bring the proposed performance measures for fiscal year 2006 back for further consideration. At this point, the time being 7:06 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. 10.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. PUBLIC HEARINGS: The City Attorney stated 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 for One Dollar ($1.00). Mr. Levinson stated with regard to the sale provision there is nothing in the contract for sale and purchase (Exhibit "B") limiting them other than to approved uses under current zoning and suggested that this be limited to library use only. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Library Lease and Management Agreement, the public hearing was closed. Ms. McCarthy asked if any verbiage needs to be added to the agreement should the use change. Mr. Levinson moved to approve the Management Agreement and Lease Agreement with the Delray Beach Public Library Association, Inc., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda items from the City Manager and the Public. 11.A. City Manal!er's reSDonse to Drior Dublic comments and inquiries. The City Manager had no comments or inquiries on non-agenda items. 11.B. From the Public. The public had no comments or inquiries on non-agenda items. - 14 - 12/13/05 At this point, the time being 7:10 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.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. Ifpassed, a public hearing will be held on January 3, 2006. The caption of Ordinance No. 79-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, OF THE CITY OF DELRA Y 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. Office. ) (The official copy of Ordinance No. 79-05 is on file in the City Clerk's The City Attorney read the caption of the ordinance. She stated this ordinance was before the Commission for a first reading and certain changes were made per the suggestion of the City Commission. Therefore, this ordinance is before the Commission at this time for another first reading. Paul Dorling, Director of Planning and Zoning, stated this is an amendment to allow a public parking fee for each parking space not provided on-site by a proposed development which is located within 600 feet of a proposed municipal parking facility. 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 amendment would also maximize shared parking options and - 15 - 12/13/05 minimize both the visual impact and disruptions to the urban fabric of the streetscape caused by expansive and individual surface parking lots. 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. If a 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. At its meeting of October 17, 2005, the Planning and Zoning Board recommended approval with a 6-0 vote per the condition listed on page two of the City Commission documentation; at its meeting of October 10, 2005, the Downtown Development Authority (DDA) recommended approval of the amendment with the condition that pro-rated annual maintenance fees (based on the number of spaces subject to the fee) should 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. At its meeting of September 9, 2005, the Chamber of Commerce Local Government Affairs Committee discussed it briefly; at its meeting of September 14, 2005, the West Atlantic Avenue Redevelopment Coalition (WARe) recommended a continuance of the item to enable the board members ample opportunity to review the proposal; at its meeting of September 16, 2005, the Community Redevelopment Agency (CRA) recommended approval subject to conditions listed on page two of the City Commission documentation; at its meeting of October 6, 2005, the Parking Management Advisory Board (PMAB) recommended approval of the ordinance. Pursuant to City Commission direction, the alternate ordinance includes the creation of distinct areas subject to specific fee structures per space. Area I 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 the differences in land values. A provision to review the ordinance every two (2) years to assure that the fees are consistent with market conditions has been included. Staff recommends approval of this ordinance. Mr. Levinson stated in the staff report in paragraph 3 the last sentence should read "Additionally, a provision to review the ordinance a minimum of two (2) years to assure that the fees are consistent with market conditions has been included." Jeff Costello, New Urban Communities, 398 N.E. 6th Avenue, Delray Beach, stated this would apply to constructed facilities. He stated the way the ordinance was constructed is that there is a cap as to how many spaces could actually be utilized. Mrs. Archer expressed concern if there is a constructed parking facility it is already maxed out with parking. Mr. Costello stated Section (2)(4)(c) of the ordinance states "Within a Programmed Public Parking Facility, a maximum of 25% of the total - 16 - 12/13/05 number of parking spaces provided within the Facility are available to the Public Parking Fee Program." Ms. McCarthy stated if this ordinance passes and it is applied to an existing garage where agreements were already made, could this take away the public parking that was perceived or agreed to previously. In response, Mr. Dorling stated this applies to municipal garages only. Mr. Levinson moved to approve Ordinance No. 79-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 80-05: Rezoning from RO (Residential Office) to RM (Medium Density Residential) for a 0.205 acre portion of the Coda (fka Li~thouse) property, located south of S.W. 1st Street, between S.W. 1st Avenue and SW 2" Avenue. Ifpassed, a public hearing will be held on January 3,2006. The caption of Ordinance No. 80-05 is as follows: 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 I ST AVENUE AND SW 2ND AVENUE, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Office. ) (The official copy of Ordinance No. 80-05 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this development proposal is part of a rezoning both RM and RO and includes Lots II and 26, and the south 8 feet of Lots I through 10, inclusive, Heisley Estates Subdivision, being a Subdivision of the North one-half (N 11,) of Block 54, Delray Beach, Florida. The subject property constitutes the southern 0.21 acres of the RO-zoned (northern) portion of the property. - 17 - 12/13/05 Mr. Dorling stated the overall property is proposed to be redeveloped into 36 townhouse units on the area currently zoned RM and two mixed-use buildings, each containing approximately 10,000 square feet of office space; and, two residential loft units each on the area currently zoned RO. At its meeting of September Zl, ZOOS, 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. At its meeting of November Zl, ZOOS, 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 discussing the proposal, the Board voted unanimously to recommend approval. Mrs. Ellis moved to approve Ordinance No. 80-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 82-05: Privately initiated rezoning request from CBD-RC (Central Business District-Railroad Corridor) to CBD (Central Business District) for the south seven (7) feet of Lot 9, and Lots 10 through lZ 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. Znd Avenue, between S.E. 1st Street and S.E. Znd Street. Ifpassed, a public hearing will be held on January 3, Z006. The caption of Ordinance No. 8Z-05 is as follows: 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 ZND AVENUE, APPROXIMATELY 76 FEET SOUTH OF SE 1ST STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL ZOOS"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. - 18 - 12/13/05 Office. ) (The official copy of Ordinance No. 82-05 is on file in the City Clerk's At this point, Commissioner McCarthy stepped away from the dais. The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated rezoning from CBD-RC (Central Business District - Railroad Corridor) to CBD (Central Business District) for a 0.85 acre site. 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 square foot retail store building built in 1962, a 5,508 square foot warehouse distribution facility built in 1959, and a one-story 1,440 square foot 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. This development is seeking a height in excess of 48 feet which is currently allowed in the CBD (Central Business District) and not in the CBD-RC. 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 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 acre site located along the west side of S.E. 2nd Avenue between S.E. I sl 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)95) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. The City Attorney stated there is a typographical error in the caption of the ordinance and noted the word "west" after S.E. 2nd Avenue should be deleted. Mr. Levinson moved to approve Ordinance 82-05 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. U.D. ORDINANCE NO. 81-05: City initiated rezoning request from CBD-RC (Central Business District-Railroad Corridor) to CBD (Central Business District) for parcels ofland totaling 1.25 acres, located on the east and west sides ofS.E. 2nd Avenue, between S.E. 1st Street and S.E. 2nd Street. If passed, a public hearing will be held on January 3, 2006. The caption of Ordinance No. 81-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, - 19 - 12/13/05 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 ZND A VENUE, BETWEEN SE I ST STREET AND SE ZND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL Z005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Office. ) (The official copy of Ordinance No. 81-05 is on file in the City Clerk's At this point, Commissioner McCarthy returned to the dais. The City Attorney read the caption of the ordinance. She stated there is a typographical error in the caption of the ordinance and noted the word ''west'' after S.E. Znd Avenue should be deleted. Paul Dorling, Director of Planning and Zoning, stated this is the balance of the block and is the City initiated portion so that the CBD is squared off. At its meeting of November Zl, Z005, the Planning and Zoning Board held a public hearing in conjunction with the rezoning request. After discussing the proposal, the Board unanimously voted 7-0 to recommend approval. Mayor Perlman stated with regard to this item and the previous item, he would like staff to add the Neighborhood Advisory Council (NAC) to the list of those who receive courtesy notices. Mr. Dorling stated NAC does receive courtesy notices; however, the name was inadvertently not included on page seven of the staff report. Mrs. Ellis moved to approve Ordinance No. 81-05 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 12.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). Ifpassed, a public hearing will be held on January 3, Z006. - ZO- lZ/13/05 The caption of Ordinance No. 83-05 is as follows; 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 PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Office. ) (The official copy of Ordinance No. 83-05 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the proposal is to change the zoning designation of the property from AC (Automotive Commercial) to GC (General Commercial). This change in rezoning is to accommodate a mixed use development containing commercial (15,000 square feet and 12,000 square feet office) combined with 75 residential townhomes bordering Florida Boulevard to the east. Under the GC zoning, the residential component of the proposed development will require conditional use approval which is to be submitted if the rezoning is approved. 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(D)(5) of the LDR's. Mrs. Ellis moved to approve Ordinance No. 83-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. - 21 - 12/13/05 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. City Manal!er With regard to a concern expressed by Commissioner Ellis over the garbage on the site after the Garlic Fest breakdown, the City Manager stated the site was to be broken down at the end of the day on Monday (the day after the event). Every year there is a garbage problem after this event and a compactor truck was donated to help alleviate this problem. The City Manager stated evidently after City staff finished their cleanup, vendors placed garbage and trash in the right-of-way by the alley instead of using the compactor truck. Staff will work with Nancy Stewart to ensure this does not happen again. With regard to the League of Cities, the City Manager stated Dr. Richard Coletta was reappointed to the Citizens Advisory Committee on Health and Human Services and several appointments were deferred. The City Manager stated if anyone is interested in serving on any of the following committees there is the Citizens Committee on Airport Noise and the Impact Fee Review Committee. He stated Carl McKoy was appointed to the Criminal Justice Commission and Commissioner Levinson was reappointed as a representative on the Treasure Coast Regional Planning CounciL Dr. Cannine Priore was appointed to take the seat of Cannela Starace. The City Manager stated he was not at the tree lighting because he was in Charlotte, North Carolina. He stated the City of Delray Beach received a I st Place National Award for being the "Digital City" (ranked #1 in population category 30,000- 75,000). He stated he appreciates that he had the opportunity to attend and commented that it was a very nice event. He commented about an email he received from the Town Manager in Highland Beach about an amendment that was passed in the last session of the Legislature for Chapter 175 which provides that where one municipality provides fire protection to another, the protected municipality (in this case Town of Gulf Stream and Highland Beach) can pass along the insurance tax (shifting of money from the State to local government) which helps fund the firefighters pension. There is no net cost increase to the residents because otherwise the State collects it. Mayor Perlman suggested that the firefighters' pension issue be placed on a Workshop Agenda in January 2006. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. - 22- 12/13/05 l3.C. l3.C.I. City Commission Mr. Levinson Mr. Levinson stated he had the opportunity to attend the Seacrest Homeowners' Association Christmas Party and Mayor Perlman presented Scott Christensen with a recognition award. Secondly, he stated he attended the Delray Beach Chorale held at the First Presbyterian Church and it was very professional. Mr. Levinson stated he spoke to the City Manager about dumpsters in the downtown and commented that there are cardboard dumpsters for recycling in the lot next to the library, the City Hall lot, and Vittorio's lot and these dumpsters are taking up more than the normal space because many times people are not actually putting things in the dumpster. Mr. Levinson stated it is an eyesore to drive up some of the city streets to see these white cardboard dumpsters half in spaces and half out in addition to taking up more than normal space. He suggested that staff look into this matter and see how else we might deal with recycling from the businesses in the downtown. Lastly, Mr. Levinson stated the Treasure Coast Regional Planning Council held a symposium on workforce housing. l3.C.2. Ms. McCarthv Ms. McCarthy stated the tree lighting ceremony was quite enjoyable. Secondly, she stated she attended the Community Development Corporation Appreciation Holiday Party and they actually bring back people who they have helped to become homeowners and these people were present as well. She stated Saturday a playwright (from Germany) and his wife put on a play at Old School Square and she attended with Mrs. Pompey and Ms. Tessie. Ms. McCarthy presented Mayor Perlman with a book entitled "The Night Has Ears" written by Ashley Bryan. Lastly, stated she was a "Principal for A Day" at a local school with Sister Mary Clare and was elected the "Big Cheese" by the first grade. l3.C.3. Mrs. Ellis Mrs. Ellis stated she attended the tree lighting ceremony along with Art & Jazz on the Avenue on Thursday evening and no matter where you looked you could see a sea of people. - 23 - 12/13/05 She commented about the Christmas parade on Saturday night and stated she had a great time. Mrs. Ellis commented about the Employee Appreciation Holiday Luncheon and stated she really enjoyed herself. 13.C.4. Mrs. Archer Luncheon. Mrs. Archer commented about the Employee Appreciation Holiday Secondly, Mrs. Archer stated she was not able to attend the Community Development Corporation Appreciation Holiday party this year and commented she would like to make sure that she receives her calendar with the pictures of the houses on it. Mrs. Archer commented about the tree lighting ceremony and Art & Jazz on the A venue and stated it was great having both events on the same night. She echoed comments expressed by Commissioner Levinson regarding the Scott Christensen. Lastly, Mrs. Archer wished everyone a Happy Holiday season. 13.C.5. Mavor Perlman Mayor Perlman stated he was invited to American Heritage and the students are studying citizenship. He stated the students welcomed him with a marquee. Secondly, Mayor Perlman stated he and Commissioner Levinson were invited to Pelican Harbor for their annual Christmas party. The residents of Pelican Harbor presented them both with proclamations and thanked the City and the Commission for the hard work during the hurricane recovery. Mayor Perlman stated Captain Musco has been hired as Chief of Police for Green Cove Springs. He stated he had the opportunity on Sunday to attend Bethel Evangelical Baptist Church (S.W. 8th Avenue) which is celebrating its 25th Anniversary. He stated this Congregation was started by a Haitian-American Pastor who started with 14 families and now has 500 families. Mayor Perlman stated it was broadcast in Haiti, the Bahamas, St. Lucia, and throughout South Florida via radio. He stated it was broadcast that the Police Department in Delray Beach are friends that we have welcomed and engaged. On behalf of the City Commission, Mayor Perlman accepted an award. They also presented an award to the Fire-Rescue Department and the largest award was presented to the City - 24- 12/13/05 Manager in recognition of his strong leadership and his desire of keeping the city a great place to live. Lastly, Mayor Perlman wished staff and the community a Happy and Healthy New Year and a good holiday season. He thanked everyone for their support over the year and stated he is very excited and looking forward to 2006. In addition, Mayor Perlman gave a brief overview of the projects scheduled for 2006. 9.1{. 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) Chevelle D. Nubin, City Clerk swore in the following individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had to ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-345 into the record. Mr. Dorling stated the 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 (14570 South Military Trail). 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 II :00 p.m. In addition, the business will consist of a "food counter" serving coffee, soda and pre-packaged food. Mr. Dorling stated staff has compatibility concerns with this type of use and as it relates to future introduction of mixed use development particularly the residential component in that development scenario. Also, Mr. Dorling stated positive findings cannot be made with respect to LDR Section 2.4.5(E) which requires a significantly detrimental effect upon the stability of the neighborhood not be made by an application nor the application hinder redevelopment or development of nearby properties. Staff has significant concerns with respect to both of these issues and noted that this does not meet the required findings of that section. 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 in support or opposition. Since the hearing, one letter of opposition has been received. After discussing the request, the Board voted 4-3 to recommend to the City Commission approval of the conditional use by adopting the findings off act and law - 25 - 12113/05 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 LDR's. Randy Welker, Business Recruitment and Economic Development Coordinator, 290 N.E. 5th Avenue, #5, Delray Beach (expert witness), submitted his resume and credentials into the record. Robert Goldstein, Hospitality Consultants (expert witness), submitted his resume and credentials into the record. He stated his review of the actual site, the contemplated use, and in reviewing this application, found that it does not meet the Comprehensive Plan as it pertains to future land use objectives (Future Land Use Element Objective A-I). Mr. Goldstein stated in his opinion, under LDR Sections 2.4.5(E) he believes that the proposed project would significantly negatively impact the stability of the surrounding neighborhood and will hinder the four corners redevelopment plan as outlined in the design institute report. Mr. Goldstein stated this project should not be approved because it is not consistent or complimentary to this neighborhood. Jason Mankoff, Attorney representing Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach (representing Spin 2 Win LLC), gave a briefPowerPoint presentation and stated the arcade will contain 70 video games. He stated Florida Statute 849.161 defines essentially what an arcade amusement center is. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come fOlWard at this time. Steve Castanza, 2525 Lowson Boulevard, Delray Beach, stated he enjoys this type of activity and encouraged the Commission to approve the project. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Mankoff cross-examined Mr. Dorling, Randy Welker, and Mr. Goldstein. Mr. Dorling gave a brief rebuttal. Mr. Mankoff gave a brief rebuttal. The City Attorney reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). It was the consensus of the Commission was to deny the Conditional Use Request for Spin 2 Win. - 26- 12/13/05 Mr. Levinson moved to approve the Board Order as outlined, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the cases of: Village by the Sea, LLP, et al. v. City of Del ray Beach Case No. 50-2003 CA-Ol0252-XXOCAI; and Frank and Nilsa McKinney v. City of Delray Beach Case No. 50-2003-AP-00l062XXCTAY 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. The City Attorney read the following into the record: The City of Delray Beach 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-Ol0252-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." - 27- 12/13/05 At this point, the City Commission meeting adjourned for the Closed Attorney/Client Session at 9:07 p.m. The City Commission meeting reconvened at 9: 17 p.m. 15. SETTLEMENT OF: Village by the Sea, LLP, et at. v. the City of Delray Beach Case No. 50-2003 CA-Ol0252-XXOCAI; and Frank and Nilsa McKinney v. City of Delray Beach Case No. 50-2003-AP-001062XXCTA Y Mr. Levinson moved to deny the settlement offer in both cases, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion to deny the settlement was approved with a 5 to 0 vote. There being no further business, Mayor Perlman declared the meeting adjourned at 9:18 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 13, 2005, which Minutes were formally approved and adopted by the City Commission on City Clerk - 28- 12/13/05 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 29- 12/13/05 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. Comprehensive 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 5 No o b. 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 CC and is zoned CBD. Future land Use - Is project's proposed location consistent with the Future land Use Map? Yes 5 No 0 F-(f0'l q. f3 - c. Concurrencv: 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 5 No_O_ d. Consistencv: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 5 No 0 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 5 No 0 3. The comments and notes set forth in the staff report are hereby incorporated herein. Yes 5 No 0 2 . 4. The City Commission has applied the Comprehensive Plan and LOR 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 x denies _ the conditional uSe request subject to conditions of approval contained in the staff report and hereby adopts this Order this 13th day of December, 2005, by a vote of 5 in favor and 0 opposed. ~~TEST: . ~ S) ~\Jg.~' Chevelie Nubin City Clerk u 3 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 5 No o 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 rf~fY'I q.t. 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 5 No o d. Consistencv: Will granting the conditional use be consistent with and further the policies and goals of the Comprehensive Plan? Yes 5 No 0 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 5 No 0 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 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. 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 5 No 0 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 5 No o 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(8)(5)? Yes 5 No 0 3. The comments, conditions and notes set forth in the staff report are hereby incorporated herein. Yes 5 No o 4. The City Commission has applied the Comprehensive Plan and LOR 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 x denies _ the conditional use request and hereby adopts this Order this 13th day of December, 2005, by a vote of 5 in favor and _0_ opposed. 7. Based on the entire record before it, the City Commission approves x denies _ the waiver requests and hereby adopts this Order this 13th day of December, 2005, by a vote of 5 in favor.and 0 opposed. ATTEST: ~~~. ~"~,~'j Chevelle Nubin City Clerk 4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-fIRST NAME-MlDOLE NAME Perlman, Jeffre L. MAlUNG ADDRESS 971 De1ra Lakes Drive CITY COUtlTY NAME OF BOARD, COUNCil, COMMISSION, AUlliORITY, OR COMMITIEE Delra BeachGit Commission THE BOARD. COUNCIl. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH f SERVE IS A UNIT OF: XI C1lY CI COUNTY a OntER LOCAl AGENCY NAME OF POUTlCAl SUBOMSK>N: City of Delray Beach DAlE ON WHtOI VOlE OCCURRED 12/13/05 MYPOSlTfON IS: II ElECllVE Q APPOINTIVE WHO MUST FILE FORM 88 This form Is for use by any person serving at the county. city, or other local level of government on an appointed or elected board, council, commission. authority. or committee. It applies equally to members of advisory and non-advisory bodies who arB presented with a voting conflict of interest under Section 112.3143, FloOda Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending on whelheryou hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABS.TAINfron\ voting on a measure which inures to his or her special private gain or loss. Each elected-or appoint~d local officer also is prohibited from knowingly voting on amca- . sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to-the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163_357, F.S., and officers of independent-speCial tax districts elected on a one-atre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father. mother, son, daughter. husband. wife. brother, sister. father-in-law, mother-in-law, SOJrin.law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the offICer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are nOl Nsted 00 any national or regional stock exchange). . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations descclbed above, you must disclose the conftict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should Incorporate the form in the minutes. . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above. you otherwise may participate in these matters. However, you mu.st disclose .the nature of the confliel before making any attempt to influence the decision; whether orally or in writing and whether made by you or at your directioo. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You muslcomplele and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side) CE FORM 68 - EFF. 1/2000 ITEM 9.G PAGEl APPOINTED OFFICERS (continued) A copy of till. form must be provided immediately to the other members of the agency. The form must be read publicly al the next meeting after th(l fonn is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disci""" orally the nature of your conflicl in th(l measure beforn participating. You must comple\B the fonn and file it within 15 days afl(lr the vole occurs with the person responsible fOr recording the minutes of the meeting. who must incorporate the fonn in the minutes. A copy of the form musl be provided Immediately 10 the other meil1bers of the agency, and the form must be read publicly al the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey L. Perlman . hereby disclose thaI on December 13 ,20~: (a) A mil8sure came or will come before my agency Which (check one) inured to my special private gain or loss; inured to the speclal gain or loss of my business associate, -1L Inured to the special gain or loss of my relative, Inured to the special gain or loss of whom I am retained; or inured to the'specilll gain or loss of is the paI'!)Il\ organization or subsidiary of a principal which has retained me. Di:1na Colonna .by . which (b) The measure beforn my agency and the nature of my conflictlng Inleresllnthe measure is as folloWs: Di.ane colonna, my wHe; is Di.rector of the Connnunity Redevelopment Agency (CRA) , I have a confli.ct voting on items that directly affect the Connnuni.ty Redevelopment Agency. 12/13/05 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES !l112.317, A F URE TO MAKE ANY REQUIRED DISClOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SAlARY, REPRIMAND, OR A CIVIL PENAlTY NOT TO EXCEED $10.000. ce FORM 8B - EFF. 112000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR SPIN 2 WIN ORDEROF 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. Comprehensive 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 o No 5 b. 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 GC and is zoned PC. Future land Use - Is project's proposed location consistent with the Future land Use Map? Yes 5 No o L-!-(JVl 9. /<' . 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 5 No 0 d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 0 No 5 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 0 No 5 3. Would the granting of be adverse to the public interest? Yes 5 No 0 2 . 4. The comments and notes set forth in the staff report are hereby incorporated herein. Yes 5 No o 5. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the conditional use request was submitted. 6. 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. 7. Based on the entire record before it, the City Commission approves _ denies X the conditional use request and hereby adopts this Order this 13th day of December, 2005, by a vote of 5 in favor of denial and 0 opposed. ~T~TEST: ~ . ~._~S'). ~\~'~'J Chevelle Nubin City Clerk 3 JANUARY 3. 2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 3,2006. L Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk At this point, Mayor Perlman stated he would like to observe a moment of silence for Elysse Vega, a 16-year old Atlantic High School student who was struck by a car and killed Christmas night on Atlantic Avenue. In addition, as part of this moment of silence, he would also like to include all the friends that we have lost in 2005. 2. 3. given. The opening prayer was delivered by Commission Levinson. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman requested that Item 8.8.6., Award of Bids and Contracts be moved to Regular Agenda as Item 9.A.1. He stated Item 7.B., Presentation for Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Renortinl! will be delayed. Mayor Perlman stated he would like to move to reconsider some of the appointments on the Police Advisory Board (Item 9.1. from the Regular City Commission meeting of December 13, 2005). The City Attorney stated Mayor Perlman would have to approve to amend the Agenda to add an item regarding the recision of certain board appointments. Mayor Perlman suggested that this be placed on the Regular Agenda as Item 9.A.2. 01103/06 Mr. Levinson moved to approve to amend the Agenda as amended, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of December 6, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Martin Luther Kin!!. Jr. Day - January 16. 2006 Mayor Perlman read and presented a proclamation hereby proclaiming January 16, 2006 as Martin Luther King, Jr. Day in the City of Delray Beach. Lillian Strainge and Irwin Rockoff came forward to accept the proclamation and gave a few brief comments. 6.B. Callin!! for the First Nonpartisan Election to be held on March 14. 2006 Mayor Perlman read and presented a proclamation hereby calling for the First Nonpartisan Election to be held on Tuesday, March 14,2006, between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections. Chevelle D. Nubin, City Clerk, accepted the proclamation. 7. PRESENTATIONS: 7.A. Presentation of Officer Johnny Pun's Framed 2003 Proclamation to his family and the Delrav Youth Vocational Charter School Mayor Perlman read and presented framed proclamations to Mrs. Pun and Fred Glass. They both came forward to accept their proclamations and gave a few brief comments. 7.B. Government Finance Officers Association Achievement for Excellence in Financial Reportin!! Certificate of 17,2006. This item has been delayed to the Regular City Commission of January -2- 01103/06 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROV AL/GRAMERCY SOUARE: Approve the subdivision plat for Gramercy Square, a 109 lot, fee-simple, townhouse development, located on the west side of Military Trail, approximately 660 feet south of West Atlantic Avenue. 8.B. RESOLUTION NO. 2-06: Approve Resolution No. 2-06 urging members of the Florida Legislature to support municipal issues during the 2006 Legislative Session. The caption of Resolution No. 2-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGIS LA TURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2006 LEGISLATIVE SESSION. Office. ) (The official records of Resolution No. 2-06 is on file at the City Clerk's 8.C. REOUEST FOR SInEW ALK DEFERRAL/1875 LAKE DRIVE: Approve a request to defer the installation of a sidewalk in front of 1875 Lake Drive. Staff recommends approval. 8.D. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/ CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR THE FIRST NON-PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the March 14, 2006 First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy tests. 8.E. REVISED LANGUAGE/LOCAL RULES/RULES FOR PUBLIC PARTICIPATION: Approve an amendment to the City Commission Rules of Procedure, Section II, Local Rules A.8.g and approve the revised language for Item l.C. under "Rules for Public Participation" on the first page of the Regular Commission Meeting Agenda for clarification. 8.F. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: RatifY the appointment of Diane Borchardt as the Planning & Zoning Board representative on the Parking Management Advisory Board for an unexpired term ending August 31, 2006. - 3 - 01103/06 8.G. CONTRACT CANCELLATION/PENNCO. INC.: Authorize the cancellation of the contract with Pennco, Inc. for the purchase of Hydrofluosilicic Acid for the Water Treatment Plant and authorize staffto re-bid this commodity. 8.H. CONTRACT CANCELLATION/PREMIER BUS OPERATING COMPANY: Authorize the cancellation of the contract with Premier Bus Operating Company for Bus Rental and Driver Services for Parks and Recreation Camps, Special Events, Sports & Dance Competitions, and Football Programs; and approve a temporary award to Midnight Sun Tours until a new bid has been processed. 8.1. PURCHASE ORDER INCREASE/DELRAY LINCOLN MERCURY: Approve an increase of $15,000.00 to blanket purchase order #631052, Delray Lincoln Mercury, for the purchase of Original Manufacture (O.E.M.) automotive parts for the City Garage. Funding is available from 501-3311-591-52.50 (Central Garage Fundi Inventory/Parts). 8.J. MEMORANDUM OF UNDERSTANDING/FLORIDA DEPARTMENT OF FINANCIAL SERVICES: Approve a Memorandum of Understanding with the Florida Department of Financial Services; and accept the Domestic Preparedness Grant from the State Homeland Security Grant Program in the amount of $76,226.50 for equipment, maintenance of equipment, and training courses related to Homeland Security. 8.1{. RESOLUTION NO. 1-06: Approve Resolution No. 1-06 authorizing the reimbursement of original expenditures with proceeds of lease purchase financing of a Nortel PBX System in the amount of $199,572.74 and 60 golf carts in the amount of $117,540.00. The caption of Resolution No. 1-06 is as follows: DECLARATION OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS. Office. ) (The official records of Resolution No. 1-06 is on file at the City Clerk's 8.L. RESOLUTION NO. 3-06: Approve Resolution No. 3-06 authorizing a master lease/purchase agreement with Bank of America Leasing for the lease purchase of a Nortel PBX System in the amount of $199,572.74 and 60 golf carts in the amount of $117,540.00. The caption of Resolution No. 3-06 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE -4- 01103/06 EXECUTION AND DELNERY OF A MASTER LEASE/PURCHASE AGREEMENT WITH BANC OF AMERICA LEASING & CAPITAL, LLC; AUTHORIZING A LEASE OF TELEPHONE EQUIPMENT AND GOLF CARTS THEREUNDER; AUTHORIZING THE EXECUTION OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO COMPLETE THE TRANSACTIONS CONTEMPLATED HEREBY; AND PROVIDING AN EFFECTNE DATE. (The official record of Resolution No. 3-06 is on file at the City Clerk's Office. ) S.M. SERVICE AUTHORIZATION NO. 3/CH2M HILL. INC./BEXLEY PARK: Approve Service Authorization No.3 to CH2M Hill, Inc. in the amount of $62,502.00 for final design of the Bexley Park Project. Funding is available from 380- 4150-572-63.24 (2004 G.O. BondlParks & RecreationlBexley Park). S.N. SUPPLEMENT NO. 1 TO SERVICE AUTHORIZATION/CH2M HILL. INC.lPOMPEY PARK: Approve Supplement No. I to Service Authorization No.2 to CH2M Hill, Inc. in the amount of$18,500.00 for additional design services for the Pompey Park Building Improvements Project. Funding is available from 380-4150- 572-62.61 (2004 G.O. BondlParks & Recreation/Pompey Park Expansion). S.O. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 23/MATHEWS CONSULTING. INC.: Approve Amendment No. I to Service Authorization No. 23 to Mathews Consulting, Inc. in the amount of $32,900.00 for supplementary services in conjunction with irrigation service connection extensions to the Reclaimed Water Areas 2 & 3 Transmission Main Project. Funding is available from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services). S.P. CHANGE ORDER NO. 5 (CONTRACT ADDITION)/ASPHALT CONSULT ANTS. INC.: Approve Change Order No.5 (Contract Addition) between the City and Asphalt Consultants, Inc. in the amount of $234,317.46 for replacement of the existing exfiltration drainage system with a positive outfall drainage system as part of the N.W./S.W. 5th Avenue Improvements Project. Funding is available from 448-5461-538- 63.90 (Stormwater Utility Fund/Other Improvements). M!. SPECIAL EVENT REOUESTIHOW ARD ALAN 9th ANNUAL WINTER STREET CRAFf FESTIVAL: Approve a special event request to allow the 9th Annual Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events, Ltd. to be held on February 25-26, 2006 from 10:00 a.m. - 5:00 p.m.; including a temporary use permit per LDR Section 2.4.6(H) for street closures ofNE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking; and staff support for security and traffic control, with the event sponsor paying all overtime costs. - 5 - 01/03/06 8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 12, 2005 through December 30,2005. 8.S. AWARD OF BIDS AND CONTRACTS: 1:. Purchase awards to Duval Ford in the amount of $167,776.00 for the purchase of seven (7) 2006 Ford Crown Victorias with pursuit packages; and to Classic Chevtolet in the amount of $39,044.00 for the purchase of two (2) Chevtolet Impalas with pursuit packages; via the Florida Sheriffs Association Bid #04-12-0823 Rollover for the Police Department. Funding is available from 001-2111-521- 64.20 (General Fund/Automotive) and 001-2115-521-64.20 (General Fund/Automotive). 2. Contract award to Murray Logan Construction, Inc. in the amount of $48,500.00 for annual Lift Station Rehabilitation. Funding is available from 442-5178-536-68.15 (Water/Sewer Fund/Lift Station Rehabilitation). 3. Bid award to Rosso Paving & Drainage, Inc. in the amount of $106,872.50 for the construction of a U.S. I turn lane into the site of the new Intracoastal Park. Funding is available from 334-4174- 572-68.10 (General Construction Fund/Intracoastal Park-US I Turn Lane). 4. Approve a purchase order to ConVault in the amount of $22,359.95 for the purchase of a 3,000 gallon above ground fuel tank for the South Pump Station Fuel Tank Relocation Project. Funding is available from 441-5161-536-34.85 (Water/Sewer Fund/Other Contractual Services/SCRWTD Board). S. Contract award to Delta Petroleum & Industrial, Inc. in the amount of $17,705.00 for the installation of a ConVault diesel fuel tank for the South Pump Station Tank Relocation Project. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair/ Maintenance Costs). 6. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis ~ Yes; Mrs. Archer ~ Yes. Said motion passed with a 5 to 0 vote. - 6 - 01103/06 9. REGULAR AGENDA: 9.A.1. CONTRACT AWARD/OUALITY TRANSPORT. INC.: Consider approval of a contract award to Quality Transport, Inc. in the amount of $840,840.00 for an initial three (3) year contract (totaling $1,401,400.00 if extended to 5 years) to provide shuttle services in the downtown area. Funding is available from 001-2511-512-31.90 (General Fund/Other Professional Services). The City Attorney stated the recommendation to remove this item from the Agenda is because there have been some letters going back and forth trying to initiate a bid protest. The Purchasing Department has determined that the bid protest is beyond the time allowed under the Bid Protest Procedures. However, the City Attorney stated there have been discussions on both sides as to certain aspects of the bid. Mr. Levinson suggested since the point totals were so close that the Commission create a 30-minute block during the Special/Workshop Meeting to hear from both firms. He stated he is uncomfortable tonight making a decision and by this item being postponed it will give everyone a fair opportunity to explain why they should be selected for the job. Mr. Levinson stated the goal is to get the best quality service and supports hearing presentations on both sides. Mrs. Ellis asked if staff determined that the appeal was not within the time frame. The City Attorney stated there was a determination by the Purchasing Director that the protest was not timely. Mrs. Archer concurs with comments expressed by Mr. Levinson and stated under the circumstances she feels it is appropriate to have a presentation from both sides. The City Attorney recommended that the Commission postpone this item to the Workshop Meeting of January 10, 2006. Ms. McCarthy stated it appears over the past six months that we are constantly beginning to get these revisions to contracts that have been awarded. She stated this is making her feel uncomfortable and if this Workshop Meeting will give the Commission additional information and the ability to award a contract and have someone stick to the figures that they have submitted then she would support this. Mrs. Archer moved to postpone this item to the Workshop Meeting of January 10, 2006, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - No; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to I vote, Commissioner Ellis dissenting. - 7 - 01103/06 9.A.2. RECONSIDERATION OF THE POLICE ADVISORY BOARD APPOINTMENTS: Consider approval of a reconsideration of the Police Advisory Board Appointments at the January 17, 2006 Commission Meeting. Mayor Perlman passed the gavel to Vice Mayor Levinson in order to make the motion. Mayor Perlman moved to approve to reconsider the Police Advisory Board Appointments (Item 9.1. from the December 13, 2005 City Commission meeting) at the Regular City Commission meeting of January 17, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion passed with a 4 to I vote, Commissioner McCarthy dissenting. 9.A. CONDITIONAL USE REOUESTIOUTDOOR AMPHITHEATER: Consider a request to allow the establishment of an outdoor amphitheater at the Susan Williams and S.D. Spady Cultural Arts Center, located at 154-170 N.E. 5th Avenue in the West Settlers Historic District. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson stated he met with Daisy Fulton and staff at the Spady Museum approximately one year ago. Mayor Perlman stated he also met with Daisy Fulton and her staff quite some time ago. Ms. McCarthy stated she spoke with Daisy Fulton and people from the Spady Museum quite some time ago. Mrs. Ellis had no ex parte communications to disclose. Mrs. Archer stated she had many conversations with Daisy Fulton and staff approximately one year ago. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-396. Mr. Dorling stated the applicant, Expanding & Preserving Our Cultural Heritage, Inc. (EPOCH), plans to renovate the Susan Williams House for use as a Community Cultural Arts Center, and to construct an outdoor covered amphitheater with a stage and seating for approximately 50 people, and a two-story Support Facilities building which would include a relocated office space from the museum, a concession stand, storage and restroom areas for visiting patrons. The applicant would utilize the amphitheater year-round for a variety of small gatherings such as program and holiday activities related to the Cultural Arts Center and Museum. Mr. Dorling stated staff had concerns with respect to the compatibility of the amphitheater as it related to sound with the facilities' proximity to adjacent residential uses in addition to concerns about how - 8 - 01/03/06 parking was going to be accommodated. Mr. Dorling stated staff has worked with the applicant to address these issues and at this point both issues have been adequately addressed. At its meeting of November 10, 2005, the Community Redevelopment Agency (CRA) reviewed the application and recommended approval with a 5 to 0 vote; at its meeting of November 14, 2005, the Downtown Development Authority (DDA) reviewed the application recommending denial of the conditional use request due to the potential to have a group larger than 50, lighting overflow, and the frequency of events. At its meeting of November 16, 2005, the West Atlantic Redevelopment Coalition (W ARC) reviewed and supported the application as presented. At its meeting of November 16, 2005, the Historic Preservation Board (HPB) reviewed the proposed Conditional Use recommending approval to the Planning and Zoning Board per the conditions of staff with the exception of condition # I, which would prohibit the amplified sound. The Board amended this condition by recommending that the issue of the amplified sound and any subsequent complaints be addressed in the management agreement between the City and EPOCH. At its meeting of December 19, 2005, the Planning and Zoning Board held a public hearing on the proposed conditional use at its meeting of December 19,2005, and recommended approval of the conditional use by a vote of6 to 0 with seven (7) conditions contained in the Planning and Zoning staff report pages 7 & 8. Daisy Fulton, Executive Director of EPOCH and the Spady Museum, distributed renderings of the Phase II project Joe Middlebrooks, President of Middlebrooks & Associates (Architects), 6480 S.W. 620d Avenue, Miami, stated if anyone has any questions regarding the technical aspects of the building he is willing to answer them. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the Conditional Use request, to please come forward at this time. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, urged the Commission to consider this project because it will expose the youth to the cultural arts and educate them about the City's history. Ms. Alford stated she does not feel the noise will be a problem and feels this will be a great addition to the museum and to the community. Shirley Johnson, 701 N.W. 4th Street, Delray Beach, stated she fully supports the amphitheater and concurs with comments expressed by Ms. Alford. She expressed concern over the size of the amphitheater and stated more than 50 people are going to want to attend. Abbey Weiss, 809 N.E. 1 st Street #E- 7, Delray Beach, stated over the past eight months she has had the opportunity to work with the women of EPOCH and stated she has the privilege of granting them a $5,000 unrestricted grant for the center. She urged the Commission to support the conditional use request. -9- 01/03/06 There being no one else from the public who wished to give testimony on this item, the public hearing was closed. The City Attorney review the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Prior to the vote, Ms. McCarthy stated the City of Delray Beach has a 10:00 p.m. noise ordinance and asked why this is restricted to a time of 9:30 p.m. Mr. Dorling stated this was in response to concerns expressed by staff early on and when the application came in for conditional use approval these are the times they put on. Mr. Dorling stated at all times they would have to comply with the noise ordinance whether they stop at 9:30 p.m. or 10:30 p.m. or 11:00 p.m. He stated 9:30 p.m. is reasonable given its proximity to residential properties and noted the amphitheater is approximately 10 feet from the adjacent property which is residential and this is in the heart of a residential area even though it is located on the business avenue. Ms. McCarthy inquired about condition #7 and asked ifthe amplified sound includes microphones as well. Mr. Levinson moved to approve the Board Order subject to conditions of approval listed on page 7 & 8 of the staff report except that Condition #5 would be 10:00 p.m. on all other days other than Friday and Saturdays (which would be 11:00 p.m.), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.B. SPECIAL EVENT REOUESTIMARTIAL ARTS: Consider a request from Kevin Sisson requesting the making and installation of three (3) 4' x 4' event signs for the Annual Martial Arts Open Kids Safe Weekend to be held at Old School Square on January 28-29,2006. Staff recommends denial. The City Manager stated this is a request from the sponsor of the event to place event signs (one in the Atlantic Avenue median and two on U.S.l north and south of the downtown area). He stated generally staff does not make and install events signs for a site rental. This event will be held in the gymnasium at Old School Square. We have in the past allowed signage to be placed on the grounds at Old School Square. Staff recommends denial of this request. Prior to the vote, Ms. McCarthy stated she will support denial of this special event request. However, asked if the City gives special events of this nature the ability to put paper advertising in the information holders that are at the supermarkets. Ms. McCarthy stated this may be a good alternative to get it into the hands of people who may actually use it. The City Manager stated staff would be glad to do this. Mr. Levinson moved to approve staff's recommendation to deny the request for three 4'x 4' event signs for the Annual Martial Arts Open Kids Safe Weekend and encourage staff to work with the applicant on alternative means of distributing materials, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. - 10 - 01103/06 Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion to DENY passed with a 5 to 0 vote. 9.C. CONTRACT AWARD/CORNELL PARK: Provide direction regarding the scope reduction and contract award for construction of the Cornell Park Improvements. Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Cornell Park). The City Manager stated staff is struggling to get the parks projects done within budget because of the tremendous escalation in prices of construction. Mr. Levinson stated he attended the meeting and people in the neighborhood did not want people outside the walkable area coming to this park. He stated even people in the neighborhood will drive to the park. He expressed concern that if a parking area is not built then people are going to park along the side of the road. Richard Hasko, Director of Environmental Services, stated while reviewing some of these parks projects staff has had to delete scope to try and get closer to budget by taking out components that can be replaced in the following budget year. He suggested that the Commission defer some of the suggested items (i.e. the parking lot). Brief discussion between staff and the Commission continued. It was the consensus of the Commission to delay certain items from this particular contract award. Mrs. Ellis moved to approve to amend the Agenda and award the contract, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mrs. Ellis moved to approve to award the contract subject to deferring the installation of the suggested items except for the bike rack and bollards, in the amount of $233,943.00, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion ofthe Agenda. to. PUBLIC HEARINGS: to.A. ORDINANCE NO. 83-05: Privately initiated 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). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - II - 01103/06 (Quasi-Judicial Hearing) The caption of Ordinance No. 83-05 is as follows: 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 PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official record of Ordinance No. 83-05 is on file at the City Clerk's Office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson stated he had a conversation with the President of the Tropic Isle Homewowners' Association (Fred Fetzer) and also with the Tropic Bay Condominium Association President Joe Black Ms. McCarthy, Mrs. Ellis, Mrs. Archer, and Mayor Perlman had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-010 into the record. Mr. Dorling stated 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 square feet retail and 12,000 square feet 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. - 12 - 01103/06 At its meeting of November 21,2005, the Planning and Zoning Board held a public hearing in conjunction with the GC zoning request. After discussing the proposal, the Board voted unanimously to recommend approval of the rezoning request 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 LDR's. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, representing the applicant, stated they do agree with the staff report and adopt it as part of the record. Mr. Mankoff stated the staff report provides substantial competent evidence to support this rezoning and the required findings pursuant to Section 3.1.1 have been made and are detailed in the staff report. He read and submitted a traffic statement into the record. Also, he stated the rezoning findings of Sections 3.2.2 and 2.4.5(D)(5) are met. Mayor Perlman stated anyone from the public who would like to address the Commission regarding Ordinance No. 83-05, to please come forward at this time. Mrs. Ellis moved to adopt Ordinance No. 83-05 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 80-05: Privately initiated rezoning from RO (Residential Office) to RM (Medium Density Residential) for a 0.21 acre portion of the Coda (fka Lighthouse) property, located south of S.W. 1st Street, between S.W. 1st Avenue and S.W. 2nd Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 80-05 is as follows: 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 I ST 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. - 13 - 01/03/06 (The official record of Ordinance No. 80-05 is on file at the City Clerk's Office. ) h CONDITIONAL USE REOUEST/CODA PROPERTY: Consider a request to allow a density in excess of twelve (12) units per acre (19.6 dwelling units per acre proposed), within the RM zone district, subject to the provisions of Article 4.7 "Family Workforce Housing", for a 1.84 acre parcel for the Coda (fka Lighthouse) property, a proposed mixed-use development, located at the southwest comer of S.W. 1st Street and S.W. 1st Avenue. (Quasi-Judicial Hearing) The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson and Ms. McCarthy had no ex parte communications to disclose. Mayor Perlman stated he had a conversation a long time ago on the conceptual plan with Mr. Hernandez. Mrs. Ellis had no ex parte communications to disclose. Mrs. Archer stated she had a conversation some time ago with Mr. Hernandez on the conceptual plan. The City Attorney stated there are two quasi-judicial hearings; one is the ordinance and one is the conditional use. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-005 and #2005-236. Mr. Dorling stated the rezoning is part of the larger development proposal which is zoned RM and RO. 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 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. 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 0.21 acres from RO to RM will allow the proposed development to be constructed at the desired unit count. Mr. Dorling stated the applicant has revised the piece that is RO to expand the RM to the south to accommodate the - 14 - 01/03/06 density count that is part of the next proposal. Mr. Dorling stated the associated conditional use would include the piece that would be zoned RO to RM and the RM piece would actually be the piece that is hatched in with the rezoning. He stated the proposal is to demolish the existing structures and construct 36 3-story townhouse units with a cabana and pool. The conditional use would allow an increase of density of over 12 units per acre as allowed in the Southwest Area Neighborhood Plan and the request is for 19.6 units per acre subject to the provisions of the City's workforce housing ordinance. Mr. Dorling noted that this is the first proposal that is coming in under the density bonus program and the provisions of the workforce housing ordinance would allow an increase in density of 14 units for the provision of three very low units which would be provide off-site, either an additional moderate income on or off-site and a contribution of $120,000.00 to the Land Trust for opportunities to provide additional workforce housing. At its meeting of November, 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the RO zoning request. There was no public testimony in support or opposition of the proposal. After discussing the proposal, the Board voted 7-0 to recommend approval. Staff recommends the approval of the density increase to 19.6 dwelling units subject to conditions contained in the staff report with the exception of condition #7 of Exhibit "A" (That the applicant remits half the cost of a bus shelter). Staff is removing this condition of approval because this does not sit on a current bus route. Mr. Dorling clarified that the amount of the density bonus is 14 units total or 7.6 units per acre. Tim Hernandez, New Urban Communities, 398 N.E. 6th Avenue, Delray Beach (applicant), stated he is present to answer any questions. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of this item, to please come forward at this time. Shirley Johnson, 701 N.W. 4th Street, Delray Beach, expressed concern that the City continues to award conditional use exceptions and asked if there is a process in place for the workforce housing. She stated there is a shortage of land and asked if there is something that will guarantee that these houses will eventually be built. Mr. Dorling stated the details of the units that would qualify for this need to be provided with a site plan approval. Mr. Levinson commended the applicant and the CRA because this is the first project on the density bonus. He stated this was an extra piece of property that was an incentive to put in RO with the density bonus for affordable housing. Mayor Perlman stated he asked Mr. Hernandez to work with the Southwest Neighborhood Plan and the citizens group to make sure it is implemented. Mayor Perlman stated they are in support of this Plan and it does fit in with the - 15 - 01/03/06 Southwest Area Neighborhood Redevelopment Plan. Mr. Levinson moved to adopt Ordinance No. 80-05, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the City Attorney reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part ofthe minutes). Mr. Levinson moved to approve the Board Order with the modifications, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. to.C. ORDINANCE NO. 82-05: Privately initiated rezoning from CBD-RC (Central Business District-Railroad 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. 1st Street and S.E. 2nd Street. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 82-05 is as follows: 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, APPROXIMATELY 76 FEET SOUTH OF SE 1ST STREET, AS MORE PARTICULARLY DESCRffiED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official record of Ordinance No. 82-05 is on file at the City Clerk's Office. ) 2. CONDITIONAL USE REOUEST/ATLANTIC SHORES: Consider a request to allow a density in excess of 30 units per acre (41.30 units per acre proposed) and a building height to exceed 48' (60' proposed) in the Central Business District for Atlantic Shores, - 16 - 01103/06 a proposed 36-unit residential development, located on the west side of S.E. Znd Avenue, approximately 80 feet south of S.E. 1st Street. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in the following individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications on this item. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #Z005-392 and #Z005-346. Mr. Dorling stated the proposal is a privately initiated rezoning from CBD-RC (Central Business District - Railroad Corridor) to CBD (Central Business District) for a 0.85 acre site within the Railroad Corridor area of the Central Business District (CBD-RC) and contains a one-story 4,410 square foot retail store building built in 196Z, a 5,508 square foot warehouse distribution facility built in 1959, and a one-story 1,440 square foot 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. The development is seeking a height of 60 feet which is currently allowed in the CBD and not in CBD-RC. At its meeting of November Zl, 2005, the Planning and Zoning Board held a public hearing in conjunction with rezoning request. There was no public testimony for or against the privately initiated rezoning. After discussing the proposal, the Board voted 7 to 0 to recommend approval of the rezoning from CBD-RC (Central Business District- Railroad Corridor) to CBD (Central Business District) for the 0.85 acre site located along the west side of S.E. Znd Avenue between S.E. 1st Street and S.E. Znd Street, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section Z.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Mr. Dorling stated the conditional use request is for demolition of the three existing retail/warehouse structures; the construction of a five-story residential building with a 64-space parking garage on the ground floor; installation of 6 parallel parking spaces along Znd Avenue; and residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total). The conditional use request has been requested to allow a density in excess of30 units per acre (41.30 du/ac) and to allow for a building height of up to 60 feet. Mr. Dorling stated the positive findings are made in the staff report for both increases in density and height and at its meeting of November Zl, ZOOS, the Planning and Zoning Board held a public hearing in conjunction with the rezoning and there was no testimony presented by the public. The Board did have a discussion about the appropriateness of conditional use requests for both density and height on the samen - 17 - 01103/06 property. After discussing this at length, the Board recommended approval of both conditional use requests on a 7 to 0 vote. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach (representing applicant), stated they adopt the staff report as part of the record which provides substantial competent evidence in support of the rezoning. Additionally, he stated the required findings of LDR Section of 3.1.1 are met as is Section 3.2.2. Also, Mr. Mankoff stated LDR Section 2.4.5(D)(5) is also fulfilled. He stated the CBD zoning is appropriate for the subject property as it will further the goals and objectives of the Downtown Delray Beach Master Plan and the Comprehensive Plan including fulfilling the provision of additional housing in the downtown area. The Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), and the Planning and Zoning Board unanimously recommended approval for the rezoning request. With regard to the conditional use, they adopt the staff report as part of the record which provides substantial competent evidence in support of the rezoning, required findings ofLDR Section 3.1.1 are found, a reference to the Comprehensive Plan elements and objectives which support the conditional use are also included in the staff report. Mr. Mankoff stated LDR Section 4.3.4 provides that an increase in height to a maximum height of 60 feet may be approved if certain criteria are met and noted this is a limited area where one can request additional height and the ordinance restricts it with 150 feet. He stated the applicant is in area where the additional height is allowed. LDR Section 4.4.13(I) also provides performance standards for an increase in density and is also a limited area. Mr. Mankoff stated the staff report discusses both the height and the density requirements in detail and states that the applicant meets the requirements for height and each of the applicable performance standards for density. Francisco Perez-Azua, Architect for the project, gave a brief PowerPoint presentation and stated he is present for any questions the Commission may have. Mr. Mankoff stated they also meet Section 2.4.5(E) in that the conditional use will not have a significant detrimental affect on the stability of the neighborhood or hinder development or redevelopment of nearby properties. The CRA, the DDA, and the Planning and Zoning Board unanimously recommended approval and they agree with all the conditions of approval. Mayor Perlman stated anyone from the public who wished to give testimony on this on the rezoning or the conditional use, to please come forward at this time. Abbey Weiss, 809 N.E. 1st Street, Delray Beach, urged the Commission to vote against this project and read a statement into the record by Columnist Howard Goodman from the Christmas Edition of the Sun-Sentinel News. Dr. Annette Annechild, 300 North Swinton Avenue, Delray Beach, stated the project is pretty but expressed concern that we are losing too much sky and the scenic village like atmosphere. - 18 - 01103/06 For the record, Mayor Perlman stated that the Commission is not considering any variances this evening nor have they ever considered a variance for height or density. Mark Reingold, 107 MacFarlane Drive #204, Delray Beach, stated he read in the newspaper that the Commission may be interested in bringing the planning consultants back that put together with the community the Master Plan that was passed four years ago. He asked that this project and any other projects that are coming along be looked at in that same context. At this point, Chevelle D. Nubin, City Clerk, swore in the following individual: Doug Feldman, 346 N.E. 8th Avenue, Delray Beach, asked what is happening to the sides and the back of the building since only the front view of this building is being presented. Mayor Perlman clarified that the presentation showed all four sides of the building and their setbacks. Alice Finst, 707 Place Tavant, Delray Beach, stated she heard in the presentation that there are other 60 foot buildings adjacent to this project and asked if another canyon is being formed. Mrs. Finst stated the street is approximately 22-25 feet wide and urged the Commission to take this into consideration. There being no one else from the public who wished to address the Commission regarding the rezoning or the conditional use, the public hearing was closed. Mr. Mankoff reiterated that this project is for Atlantic Shores and not Atlantic Plaza. He stated the developer looked at this property and looked at the City ordinances and realized this was a piece of property and a good fit for additional height and density near the railroad tracks. Mrs. Archer moved to adopt Ordinance No. 82-05, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson stated the Treasure Coast Regional Planning Council came in with hundreds of members from the community since 2001 and worked for 3 Yz - 4 years and the community to identify the redevelopment of the Master Plan. He encouraged everyone to review the Master Plan which is available on the City's web site or through the Planning and Zoning Department. Mr. Levinson stated this is one of the first of approximately four properties that has come along within the Design Guidelines (enacted approximately one year ago). He stated he agreed to have the Treasure Coast Regional Planning Council to come back in because of the particular uniqueness of one property in town which was the Veterans Park! Atlantic Plaza property. - 19 - 01103/06 Mayor Perlman gave a brief history of the downtown and since 1987 there has always been discussion about the need for downtown housing to have a sustainable downtown. He suggested that going forward in the future that there be a workforce housing component added to the performance standards for buildings such as this project so that if a developer requests the extra height and density that they give back affordability. At this point, the City Attorney reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Levinson moved to approve the Board Order, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 81-05: City initiated rezoning request from CBD-RC (Central Business District-Railroad Corridor) to CBD (Central Business District) for parcels ofland totaling 1.25 acres, located on the east and west sides ofS.E. 2nd Avenue, between S.E. 1st Street and S.E. 2nd Street. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 81-05 is as follows: 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 A VENUE, BETWEEN SE I ST STREET AND SE 2ND STREET, AS MORE PARTICULARLY DESCRffiED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official record of Ordinance No. 81-05 is on file at the City Clerk's Office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida. - 20- 01103/06 At this point, Mrs. Archer stepped away from the dais. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson, Ms. McCarthy, Mayor Perlman, and Mrs. Ellis had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-392 into the record. Mr. Dorling stated this is a City initiated rezoning from CBD-RC (Central Business District - Railroad Corridor) to CBD (Central Business District) for 1.25 acre site. 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 and the Board unanimously recommended approval of the request. At its meeting of November II, 2005, the CRA recommended approval and at its meeting of November 14,2005, the DDA recommended approval. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the rezoning, to please come forward at this time. Ms. McCarthy moved to adopt Ordinance No. 81-05 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes. Said motion passed with a 4 to 0 vote. to.E. ORDINANCE NO. 59-05: City initiated rezoning from R-l-A (Single Family Residential) to RM (Medium Density Residential) for a 0.5 acre parcel of land for the Lee Burke Property, located on the north side of Linton Boulevard, approximately 660 feet west of S.W. 4th Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 59-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-l-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD, 660 FEET WEST OF SW 4TH AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A - 21 - 01103/06 GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official record of Ordinance No. 59-05 is on file at the City Clerk's Office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. At this point, Mrs. Archer returned to the dais. Mayor Perlman passed the gavel to Vice Mayor Levinson and stepped down from the dais. Vice Mayor Levinson asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2005-292 into the record. Mr. Dorling stated this is a 0.5 acre parcel which contains a sin~le family residence. The subject property is located within the Southridge/S.W. 4' Avenue Redevelopment Area. The Redevelopment Area #3 Future Land Use Map designation and R-l-A (Single Family Residential) zoning designation were retained as a "holding" zone until a specific development proposal area was submitted. A development proposal has been submitted to construct a multiple family development that will include workforce housing on the adjacent vacant 7.05 acres known as Lintco properties. Rather than leave the remaining 0.5 acre parcel zoned R-l-A, it appears appropriate to include this parcel with the privately-initiated FLUM amendment and rezoning proposal. At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendments and rezonings. There was no public testimony regarding the requests and after discussing the FLUM amendment and rezoning, the Board voted 6-0 to recommend approval. Vice Mayor Levinson stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 59-05, to please come forward at this time. There being no one from the public who wished to address the Commission regarding Ordinance No. 59-05, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 59-05 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. - 22- 01/03/06 to.F. ORDINANCE NO. 79-05: Privately initiated amendment to the Land Development Regulations Section 4.6.9(E), "Location of Parking Spaces", by adding a new subsection 4.6.9(E)(4), "Parking Facility Payment"; and Appendix "A", "Definitions", to establish alternative provisions for accommodating required parking when not provided onsite; and to provide a definition for a public parking facility and programmed public parking facility. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 79-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING APPENDIX "A" OF THE LAND DEVELOPMENT REGULATIONS, BY ADDING DEFINITIONS OF A PUBLIC PARKING FACILITY AND PROGRAMMED PUBLIC PARKING FACILITY; 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. (The official record of Ordinance No. 79-05 is on file at the City Clerk's Office. ) The City Attorney read the caption ofthe ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance will allow for a public parking fee for each parking space not provided on-site for a proposed development which is located within 600 feet of a future municipal parking facility. 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. Furthermore, the proposed amendment would also maximize shared parking options and minimize both the visual impact and disruptions to the urban fabric of the streetscape caused by expensive and individual surface parking lots. The proposed amendment also includes a definition of "Public Parking Facility" and "Programmed Public Parking Facility". Mr. Dorling stated the public parking fee is limited to 25% of the total number of required parking spaces for the development. In addition, if the public parking facility is not scheduled to be constructed within three (3) years of site - 23 - 01103/06 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. Vice Mayor Levinson stated if anyone from the public would like to speak in favor or in opposition ofthe amendment, to please come forward at this time. Arlen D. Dominek, 50 East Road, Delray Beach, stated he is opposed to the modifications. He stated there is a shortage of parking spaces and in his opinion providing public parking spaces is not a solution. Mr. Dominek suggested that the City of Delray Beach provide parking garages as like the City of Winter Park has done. There being no one else from the public who wished to address the Commission, the public hearing was closed. Prior to the vote, Mr. Dorling stated the requirements to provide on-street parking accommodate the demand and this will provide an incentive for the construction of parking garages which will benefit everyone including the individual developments. Mrs. Ellis moved to adopt Ordinance No. 79-05 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item H, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. H.A. City Manal!er's response to prior public comments and inquiries. The City Manager had no comments or inquiries on non-agenda items. H.B. From the Public. H.B.I. Kenneth Grav. 696 Udell Lane. Delrav Beach. stated the school buses traveling Lake Ida Road to Davis Road come through in the moming and noted there is not really a problem with the buses coming into the neighborhood in the mornings because they come in individually. He stated in the afternoons in about 20 minutes approximately 40 buses come out of Davis Road and flow very neatly. Mr. Gray stated there is not as much of a problem at the intersection of Davis Road and Lake Ida Road as he originally anticipated there would be and suggested that the school buses be routed off Congress Avenue to N.W. 1st Street. At this point, the time being 8:22 p.m., the Commission moved to Item 9.D. ofthe Regular Agenda. - 24- 01103/06 9.D. SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE: Consider approval and endorsement of Art & Jazz on the Avenue scheduled for January 19,2006 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton Avenue to N.E. 7'h Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, and N.R 2nd Avenue from Atlantic Avenue to N.E. 2nd Street (street closure will be from 3:00 p.m. to approximately midnight); and authorize staff support for security and traffic control, banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and with payment of costs to the City per the agreement dated January 24,2005. The City Manager stated this is a request from the Downtown Joint Venture and this item was placed on the Regular Agenda because the media sponsor is the Sun-Sentinel. Prior to the vote, Mr. Levinson stated he is hearing from vendors and merchants that we need to think about how to change, tweak, and revitalize Jazz on the A venue. He suggested that new ideas for the event would make sense because he does not want to see people not attend the event because they think it is too monotonous. The City Manager stated there are discussions going on at the Downtown Joint Venture regarding some changes to Art and Jazz on the Avenue. Mayor Perlman stated he has noticed a pronounced improvement with the new reporter on the beat he is very pleased with the Sun-Sentinel and has seen marked improvement. Ms. McCarthy stated in walking down Atlantic Avenue during the First Night event and the holiday season, she noticed that the All-America City street paint sign needs to be redone. Ms. McCarthy moved to approve the Special Event Request for Art and Jazz on the Avenue scheduled for January 19, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - No. Said motion passed with a 4 to I vote, Commissioner Levinson dissenting. 9.E. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) regular members to the Code Enforcement Board for three (3) year terms ending January 14, 2009. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), and Commissioner Ellis (Seat #1). Ms. McCarthy stated she would like to defer her appointment to the Regular City Commission meeting of January 17, 2006. - 25 - 01103/06 Mayor Perlman stated he would like to reappoint Robert Marks as a regular member to the Code Enforcement Board for a three year term ending January 14, 2009. Mr. Levinson so moved, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mrs. Ellis moved to reappoint Mark Behar as a regular member to the Code Enforcement Board for a three year term ending January 14, 2009, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board for unexpired terms ending July 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). Ms. McCarthy moved to appoint Perry Stokes as a regular member to the Education Board for an unexpired term ending July 31, 2007, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he would like to appoint Marlo Belkin as a regular member to the Education Board for an unexpired term ending July 31, 2007. Mrs. Ellis so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. g.G. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (I) regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy stated she would like to defer her appointment to the Regular City Commission meeting of January 17, 2006. 9.H. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (I) regular member to the Police and Firefighters Retirement System Board of Trustees for an unexpired term ending June 30, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he would like to defer his appointment to the Regular City Commission meeting of January 17, 2006. - 26- 01103/06 At this point, the time being 8:29 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 1-06: Rezoning from POD (Professional Office District) to RM-lO (Medium Density Residential-l 0 Units per acre) for a 1.77 acre parcel to be known as Palm Trail Carriage Homes, 816 Palm Trail, located approximately 185 feet north of George Bush Boulevard. If passed, a public hearing will be scheduled for January 17,2006. The caption of Ordinance No. 1-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PROFESSIONAL AND OFFICE (POD) DISTRICT TO MEDIUM DENSITY RESIDENTIAL- 10 UNITS PER ACRE (RM-lO) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF PALM TRAIL, APPROXIMATELY 170 FEET NORTH OF GEORGE BUSH BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official record of Ordinance No. 1-06 is on file at the City Clerk's Office. ) At this point, Ms. McCarthy stepped away from the dais. The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a proposed rezoning involves eleven (11) platted lots and associated abandoned alleyways, totaling I. 77 acres. The property contains an existing vacant 22,799 square foot medical/office building with POD associated parking area. The subject property is owned by Palm Trail Holdings, L.L.C. and the owners are proposing to demolish the existing two-story medical office building and construct 16 townhome units. The 1.77 acre site, ifrezoned to RM-IO, would allow for a maximum of 17 townhome units. The rezoning request from POD (Professional & Office District) to RM-I0 (Medium Density Residential-lO units per acre) is now before the City Commission for action. At its meeting of November 21, 2005, the Planning and Zoning Board considered the request and was postponed by a 4 to 2 vote with direction to staff to check the utilities and alley abandonment situation. At its meeting of December 19, 2005, the - 27- 01103/06 Planning and Zoning Board reconsidered the request and the Board voted unanimously 5 to 0 to recommend approval of the rezoning request. Prior to the vote, Mrs. Archer inquired about the lot on the northeastern edge of the property that is not included and asked if this is a single family home. Mr. Dorling stated this is zoned RM and is a duplex. Mr. Levinson moved to approve Ordinance No. 1-06 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. l2.B. ORDINANCE NO. 2-06: Amendment to Land Development Regulations Section 4.3.4(J)(I), "Height", Section 4.6. I 8(B)(14)(i)(3), "Buildings within the Downtown Area", Appendix "A", "Definitions", to regulate sloped parapets. If passed, a public hearing will be scheduled for January 17, 2006. The caption of Ordinance No. 2-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SUBSECTION 4.3.4(1), "HEIGHT"; BY AMENDING PARAGRAPH 4.3.4(1)(1), "DEFINED"; AMENDING PARAGRAPH 4.3.4(J)(3), "EXCEPTIONS TO DISTRICT HEIGHT LIMITATIONS"; AMENDING PARAGRAPH 4.6.18(B)(14)(i), "ROOFS AND GUTTERS"; AMENDING APPENDIX "A", "DEFINITIONS", TO ALLOW AND REGULATE PARAPETS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official record of Ordinance No. 2-06 is on file at the City Clerk's Office. ) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated LDR amendment that is being initiated by the Attorney for Capex Construction. The amendment would allow the sloped parapets to apply to flat roofs at a maximum height limit of six feet and as a decorative feature on top of a flat roof without altering the way height is measured. - 28- 01103/06 At its meeting of December 19, 2005, the Planning and Zoning Board held a public hearing in conjunction with the text amendment. There was no one from the public that spoke on the issue and the Board voted unanimously 6 to 0 to recommend approval of the text amendment request to regulate sloped parapets by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Mrs. Ellis moved to approve Ordinance No. 2-06 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, Ms. McCarthy returned to the dais. 12.C. ORDINANCE NO. 3-06: Amendment to Land Development Regulations Section 4.6.9(C), "Off-Street Parking", for the reservation of one (1) parking space per residential unit in mixed-use developments utilizing the shared parking tables. Ifpassed, a public hearing will be scheduled for January 17, 2006. The caption of Ordinance No. 3-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", PARAGRAPH (8)(A), "SHARED PARKING", TO ESTABLISH STANDARDS FOR RESERVED SPACES FOR MIXED USE DEVELOPMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official record of Ordinance No. 3-06 is on file at the City Clerk's Office. ) The City Attorney read the caption ofthe ordinance. Scott Aronson, Parking Management Specialist, stated this is a City initiated ordinance that will amend the shared parking tables in the LDR's under Section 4.6.9(C)(8)(a). The shared parking calculations allow for reductions in required parking within mixed use development in certain zoning districts. He stated staff has concern that the residents of the mixed use developments have to compete with users of the commercial components. Staff has been imposing this requirement as a condition of - 29- 01103/06 approval for all mixed use developments. A developer's recent reluctance to provide the requested reserved residential spaces has predicated this proposed text amendment. He stated the City-initiated text amendment will require mixed use projects, with a residential component that propose utilization of the optional shared parking calculations, to reserve one (I) parking space per residential unit. Brief discussion between staff and the Commission followed. Mrs. Archer moved to approve Ordinance No. 3-06 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. n.D. ORDINANCE NO. 4-06: An ordinance amending Chapter 91, "Animals" of the Code of Ordinances by amending Section 91.20, "Running at Large", to clarify that "at large" shall mean not under the direct control of owner whether on or off owner's property. Ifpassed, a public hearing will be scheduled for January 17, 2006. The caption of Ordinance No. 4-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 91.20, "RUNNING AT LARGE", IN ORDER TO CLARWY THAT DOGS MUST BE UNDER THE OWNER'S DIRECT CONTROL WHETHER THEY ARE ON OR OFF OF THE OWNER'S PROPERTY; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official record of Ordinance No. 4-06 is on file at the City Clerk's Office. ) The City Attorney read the caption ofthe ordinance. Mrs. Archer commented about verbiage in the ordinance referring to the word "capable". Brief discussion by the Commission followed. Mr. Levinson moved to approve Ordinance No. 4-06 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. - 30- 01103/06 At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the Commission. 13. COMMENTS AND INOUlRIES ON NON-AGENDA ITEMS. B.A. City Manal!er The City Manager stated in the notes regarding the agenda the City Clerk gave the Mayor new account numbers for Item 8.S.4 and Item 8.S.5. Mayor Perlman entered the correct account numbers into the record and this was so noted by the City Clerk. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. B.C. 13.C.1. City Commission Mrs. Archer Mrs. Archer wished everyone a Happy New Year. 13.C.2. Mrs. Ellis Mrs. Ellis stated she is looking forward to a great 2006. 13.C.3. Ms. McCarthv Ms. McCarthy wished everyone a healthy, prosperous, and joyful 2006. She re-addressed the issue of street lights from 1-95 along Atlantic Avenue and also on S.W. 11th Avenue in addition to some of the side streets. The City Manager stated staff has contacted FPL repeatedly particularly about the street lights along Atlantic Avenue being out. He stated FPL expects street light restoration from hurricane damage to be completed by the end of February. Ms. McCarthy stated she has received numerous telephone calls from several residents with concerns about it being very dark and they feel very uncomfortable. Ms. McCarthy reiterated that there is a telephone number that is accessible for citizens to call when street lights are out. She suggested that staff purchase a digital timer as soon as possible. Lastly, Ms. McCarthy stated there has been quite a bit of discussion because of buildings that are being built that the Commission is approving or not approving. She stated this is normal and feels everyone should have anticipated this. She - 31 - 01103/06 stated since the modification of the design guidelines there was a group of many people who participated with the original master plan, some of which are still here and some are not. Ms. McCarthy stated many new people have moved in as well and there were also people who did not participate even though they lived here. However, she stated the impact or the visual realization that these things are happening now that they are being put into place is visible and people are now beginning to react and respond to it. Ms. McCarthy stated certain landmarks are beginning to change and she expressed concern that this needs to be addressed. 13.C.4. Mr. Levinson Mr. Levinson wished everyone a Happy New Year. He stated he heard from many residents over the last couple of weeks who expressed how excited they were to be in the downtown and all the activities going on. He stated there was a Menorah Lighting at Old School Square and it was great. He stated several people approached him in appreciation that Delray Beach embraces a variety of holiday seasons. Mr. Levinson commented about First Night and stated the attendance was incredible. He gave kudos to all those who participated in the event and stated it was a great event. 13.C.5. Mavor Perlman Mayor Perlman stated he received telephone calls today from residents who live on Beach Drive. He stated the residents have some damage to the asphalt after the hurricane from what FPL did. Secondly, he stated he received letters from the Mayor of Palm Beach asking the City of Delray Beach to support underground utilities. Mayor Perlman stated a few cities such as the Town of Manalapan and Gulf Stream is getting on board. He stated he is not sure if it is affordable and there are some areas in the city that cannot have underground utilities because of the potential of hitting water. He stated in talking to people who came in to repair the city's system, they said that things underground is an entirely different skill set and often times more lengthy to repair if it does go out. Mayor Perlman stated there is a coastal movement and City of Delray Beach owes them an answer in terms of joining them in a resolution. Mrs. Archer stated she would like to obtain information on those communities that have made the transition and what kind of repair requirements have they faced. She stated the City of Naples has done this along with possibly others and reiterated that she would like to get some feedback from those communities that have underground utilities. The Commission concurred that now is the time to look into this issue and obtain feedback from other communities. - 32- 01103/06 Mayor Perlman publicly commended Commissioner McCarthy for helping out with the situation for Elysse Vega, a l6-year old Atlantic High School student who was struck by a car and killed Christmas night. Ms. McCarthy arranged for grief counselors and Rabbi Suzanne Carter to meet at the Fire-Rescue Headquarters to help console friends of Ms. Vega. Mayor Perlman commented about the Congress A venue Corridor Plan and stated he would like to make sure this is on track. Mayor Perlman commented about a newspaper article regarding Boca Raton's interest in pursuing the Florida SCRIPPS Research Institute for southern Palm Beach County and stated Mayor Abrams called him and asked if he would support Boca's effort. Mayor Perlman stated he will personally support this and noted Mayor Abrams also received personal support from the Mayor Capellini of Deerfield Beach. Mayor Perlman stated Boca's rationale is that South Palm Beach County/North Broward County is a compelling alternative because we have the mature downtown and the main campus ofFAU, Lynn University, a branch of the community college, and the executive airports. Mayor Abrams is going to Tallahassee to meet with Senate House leadership and the Governor's office on this. Mr. Levinson stated he feels it is important that the City of Delray Beach put into play some rules and regulations before they do. Mayor Perlman stated with regard to the First Night issue he stated it was extremely distressing to him to see what happened on a night that is really a marketed as a family friendly alternative for New Year's Eve. He stated the City of Delray Beach needs to do everything to help solve this crime. Mayor Perlman suggested that a law enforcement fund be set up and look at offering a reward for the arrest and conviction of anyone involved. He stated this incident was an event where people of all ages and ethnicities were mingling downtown with their children. Mrs. Archer stated in the future when there are events held in the downtown she suggested that there be tremendous police presence in the areas where they believe it is coming from. Mr. Levinson suggested that this may also be something for the Neighborhood Advisory Council (NAC) to deal with and have them take a proactive approach in these areas and focus on identifying some solutions from other cities that have had this problem. With regard to First Night, Ms. McCarthy stated this may be a teaching moment and between NAC, Weed & Seed, and other neighborhood organizations. She stated the reward for information means something although one cannot be 100 percent certain as to where the bullet came from. She stated it has been a tradition in some families to do this type of thing and they do not realize the impact of what they are doing or the consequences. Ms. McCarthy stated this should be used as a teaching moment and we need to make certain that we incorporate as many people as possible in as many places as we can (i.e. posting flyers at many of the places people normally go for eating, - 33 - 01/03/06 shopping, etc.). Ms. McCarthy suggested that the City of Delray Beach take a proactive stance at every place we can and that we aggressively address it now so that it will begin to cease. Mr. Levinson stated he agrees with comments expressed by Commissioner McCarthy and feels the City of Delray Beach needs to enforce that there are consequences and someone was injured. Mayor Perlman stated the Commission talked about bringing the Treasure Coast Regional Planning Council back in. He feels it is a good idea to look at Atlantic Plaza because it is a unique situation and stated they can also help with Hotel Vista Del Mar which has had five years of litigation. Mayor Perlman stated the third area he would like them to look at is South Swinton Avenue particularly the Sundy House. Mrs. Archer stated she would also like to see them look at the northeast comer of Atlantic Avenue and 6th Avenue (where the gas station is located). After brief discussion, it was the consensus of the Commission to direct the City Manager to schedule a meeting with the Treasure Coast Regional Planning Council regarding Atlantic Plaza, Hotel Vista Del Mar, and South Swinton Avenue. Lastly, Mayor Perlman wished everyone a Happy New Year. There being no further business, Mayor Perlman declared the meeting adjourned at 9:39 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 3, 2006, which Minutes were formally approved and adopted by the City Commission on City Clerk - 34- 01/03/06 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 35 - 01/03/06 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE ESTABLISHMENT OF AN OUTDOOR AMPHITHEATER AT THE SUSAN WILLIAMS AND S.D. SPADY CULTURAL ARTS CENTER SITE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on January 3, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Susan Williams and S.D. Spady Cultural Arts Center Site. 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. Comprehensive Plan - Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes 5 No 0 b. Concurrency: 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 5 No 0 I+clYl q.A. 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 5 No 0 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LOR 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 1- denies _ the conditional use request subject to conditions of approval contained on Page 7 and 8 of the staff report, except that the time of 9:30 for Sunday through Thursday is changed to 10 p.m. and Friday and Saturday will remain at 11 :00 p.m. The City Commission hereby adopts this Order this 3rd day of January, 2006, by a vote of 5 in favor and 0 opposed. ATTEST: ~. ~S) -~- \J\~-t-l ~~~ 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR CODA PROPERTY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on January 3, 2006. 2. The Applicant and City staff presented . documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Coda Property. 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. Comprehensive Plan - Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes 5 No o b. Concurrency: 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 5 No 0 II. LDR REQUIREMENTS: 1 X+-{fVI 10.8..1- . a. LDR 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 5 No 0 b. Performance Standards for Density Increase: Does the applicant meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in excess of 6 dwelling units per acre to 12 dwelling units per acre? Yes 5 No o c. Consistency with Article 4.7 (Workforce Housina): Is the development consistent with and meets the criteria set forth in Article 4.7 (Workforce Housing) of the LOR's in order to allow the applicant a density bonus? Yes 5 No o If you answered "yes". what is the amount of the density bonus? 7.6 dwelling units per acre The total density, based upon (b) and (c), is 19.6 dwelling units per acre. 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LOR 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 2 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 -1L.... denies _ the conditional use request subject to conditions, except that no bus shelter contributions are required and hereby adopts this Order this _ day of January, 2006, by a vote of 5 opposed. ~EST: \") . .~~~. . ~\~Lf" \ Chevelle Nubin City Clerk 3 LOR Section 4.4.6(1) (I) Performance Standards: (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both intemal and extemal to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; . multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25%_or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. 4 (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, intill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. 5 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR ATLANTIC SHORES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on January 3, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Atlantic Shores. 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. Comprehensive Plan. Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes 5 No 0 b. Concurrency: 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 5 No 0 :r it Ivl 10. {! ..2- . II. LOR REQUIREMENTS: a. 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 5 No 0 b. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Does the Applicant meet the requirements set forth in Section 4.3.4(J)(4) (attached hereto) to allow building height in excess of 48' to a maximum of 60'? Yes 5 No o c. PERFORMANCE STANDARDS FOR DENSITY INCREASE: Does the applicant meet the requirements set forth in Section 4.4.13(1) (attached hereto) to allow the density in excess of 30 dwelling units per acre to 41.3 dwelling units per acre? Yes 5 No o 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LOR 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 2 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 .lL denies _ the conditional use request subject to conditions on Page 6 of the Staff Report and hereby adopts this Order this _ day of January, 2006, by a vote of 5 in favor and 0 opposed. ATTEST: ~..~.~ ~\~.;, Chevelle Nubin City Clerk 3 LDR Section 4.3.4(J)(4) (4) Increases to Heiaht Reaulations: (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single Family (R-1) Districts Agriculture (Ag) Rural Residential (RR) Mobile Home (MH) Low Density Residential (RL) Medium Density Residential (RM) Planned Residential Development (PRD) Residential Office (RO) Neighborhood Commercial (NC) Conservation District (CD) Professional and Office District (POD) Open Space (OS) (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below. (i) That the structure is to be located in one of the following geographic areas: (1) Area "A" - all property located east of Congress Avenue and west of 1-95. (2) Area "B" - the property encompassed by the Delint DRI, with the exception of that portion platted as "Waterford Village"; along with property located west of S.W. 10th Avenue, south of Linton Boulevard, and east of 1-95. (3) Area "C" - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1-95. (4) Area "0" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the properties located north of Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd Avenue. 4 (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City. (6) Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues). (7) Area "G" - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right-of-way, extending from 1-95 to Dixie Highway. (8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of South ridge Road and Swinton Avenue on the north, and s.w. 4th Avenue on the west. (9) Area "I" - all property within the Central Core portion of the CBD (Central Business District), except for that portion within 150' of any zoning district which has a maximum height limit of 35', measured from the property line of the CBD zoned property. (10) Area" J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) An increase in intensity is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; (2) An increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4.6.20. (Hi) That the increase in height is based on or will result in two, or more, of the following: (iv) 5 (1) That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5 (a) and (d); (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; (3) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48-foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CaD zone shall adhere to the setback requirements of that district; and (4) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). 6 LOR Section 4.4.13(1) (I) Performance Standards These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. (2) The applicable performance standards for development exceeding twelve (12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre within the Central Core are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. there is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. 7 (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building{s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building{s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building{s); focal points such as public art, water feature/fountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties. or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy-five percent (75%) of the surface area of the front street wall{s) at the ground floor of each such building is devoted to display windows_and to entrances to commercial uses from outside the building. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available 8 areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. (3) It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the above referenced standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the central business district (Le., adaptive reuse of older structures and the provision of housing in close proximity to employment opportunities and services). 9 SPECIAL/WORKSHOP MEETING JANUARY 10, 2006 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, January 10, 2006. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Vice-Mayor Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1. BID AWARD/SHUTTLE BUS SERVICE: Bid award to provide shuttle services in the downtown area; presentations from Quality Transport, Inc. and Limousines of South Florida. Funding is available from 001-2511-515-31.90 (General Fund/Other Professional Services) . Susan A. Ruby, City Attorney indicated the City has received a bid protest. Bid protest procedures provide that no action to award a bid could be taken until either the protester withdraws the protest or the City Commission determines the protest is without merit and approves the bid award. Before proceeding, the Commission has to detennine whether the protest was timely and whether there was an unfair competitive advantage if it was timely. In order to do this, the Commission would have to hear proposals by the top two competitors; Quality Transport, Inc. and Limousines of South Florida which is the company protesting the bid award. Limousines of South Florida would provide the first presentation to explain why their protest was filed in a timely manner and to state why they felt there was an unfair competitive advantage. A decision must be made by the Commission as to whether the proposal was timely. Once that decision has been made the presentations by both parties could continue. Mark Levitt, President of Limousines of South Florida felt his protest was filed in a timely manner. Referencing Section 15 of Bid Protest Procedure #2 the time limit for filing a protest is five calendar days from the date the bid results become public information. In an RFP situation there are not bid results until the Selection Committee points to it. The Selection Committee met on December 5, 2005 and the results became public at that meeting and he filed his protest on December 8, 2005. The Purchasing Department denied the protest on the grounds that the deadline for filing was five days after bid opening;, however the code clearly stated bid results. Therefore, Mr. Levitt felt his protest had been f1led in a timely manner. On issues of unfair competitive advantage, Mr. Levitt felt there were three items which were not included in the competitor's package; 1) a signature page indicating the bidder was non-responsive; 2) vehicle information; and 3) an Occupational License. Attorney Bill Smith, representing Quality Transport, Inc. provided an explanation and documentation as to why the bid was awarded fairly. Addressing the unfair advantage, he explained that an Occupational License had been provided, the list of vehicles were provided, and on Exhibit 4 of the RFP page 34 the signature on that page was sufficient, according to City Staff. Mrs. Ellis moved to deny the bid protest stating is was not timely nor was there an unfair advantage given to the bid winner, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Said motion passed 5 to O. City Attorney Susan Ruby explained the next step if the protest was denied, the Commission could choose to rank anew and consider whether to waive any irregularities in Quality's proposal or in any other proposal. All four presentations would have to be heard again. Mrs. Ellis moved to waive irregularities, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman _ Yes; Mrs. Archer - Yes; Mrs. Ellis - Yes; Said motion passed 5 to O. Ms. McCarthy stated, for the record, there is a difference between RFP's and Request for Bids. She checked the wording and the Commission, Staff, and the committee which reviewed the bids, each has the ability and right to make such decisions. Mrs. Archer moved to award the bid per Staffs recommendation to Quality Transportation, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Said motion passed 5 to O. Mayor Perlman adjourned the Special Meeting at 6:14 p.m. WORKSHOP AGENDA 1. US 1 Resurfacing. Restoration. and Rehabilitation IRRR) Project Presentation. Randal Krejcarek, City Engineer introduced FDOT and their Consultants from URS. Teo Baez, P.E., URS Project Manager and Andrew Nunes, P.E., URS Deputy Project Manager provided handouts and a presentation reviewing the scope of the Resurfacing, Restoration, and Rehabilitation (RRR) Project. The presentation included the tirneframe for 2 January 10, 2006 commencement, the construction schedule, and pending issues which need to be finalized concerning the RRR Project before the project goes to bid. 2. Review of Police and Firefighters' Pension Issues - Tim Linn. Jim Linn, the City of Delray Beach's Pension Attorney presented an informational session overview concerning issues which are facing the Police and Firefighters Pension Plan. The Plan is funded in part by state premium tax revenues which work as a voluntary revenue sharing program. The City's required contribution this year is approximately $4.8 million. The City has had several meetings with the police and firefighter union representatives in an effort to resolve the premium tax issue, but have been unable to come to an agreement. It was the consensus of the Commission to f1le a Declaratory Judgment with the coutts asking for a determination of rights. Concerning the Declaration of Earnings, Mr. Linn explained the particulars of pending adjustments of employees who have already retired. A third party administrator has indicated that the pensions already paid to retirees should be recalculated to reflect the inclusion of certification pay. It was the consensus of the Commission to obtain more information concerrung certification pay cost issues. Concerning the Pension Board governance issues, Mr. Linn explained the membership requirements for the Pension Board which are established by Florida Statutes. Any changes could affect tax revenues. To change Statute requirements, an amendment must be made to the Statute. 3. Proposed Generator Ordinance. David T. Harden, City Manager presented information and suggested the City draft an ordinance for the City Commission to consider establishing new, substantially modified or rebuilt emergency generators at multiple locations throughout the City. It was the consensus of the Commission to have Staff survey businesses and communities in Delray Beach regarding possible incentive programs, and whether they have implemented or budgeted for any emergency plans. It was also suggested to research if any pending legislation has been f1led. At that point, the generator issues could be reviewed again with a fresh approach. 4. Proposed Crossing Guard Surcharge on Parking Tickets. David T. Harden, City Manager presented a proposal to add a surcharge to the City's current parking ticket fine structure to cover the expenses of the City's proposed crossing guard program. It was the consensus of the Commission to move forward on this proposal and allow the City Attorney to draft an ordinance. 3 January 10, 2006 5. Review of proposed Parks Improvements - T oe Weldon. Joe Weldon, Director of Parks and Recreation provided a presentation for upgrading beach front parks and other existing parks. It was the consensus of the Commission that the proposal to upgrade the City Parks looked great, and for Staff to move forward with the project. 6. Direction regarding Western Community Center. Joe Weldon, Director of Parks and Recreation provided a presentation for the proposed building program for the Western/Senior Community Center. Priorities were rated on a one to ten scale, and Staff will be looking for direction from the Commission on how to proceed. Elizabeth Lugo from the Mae V olen Senior Center also made a presentation. It was the consensus of the Commission to concentrate on the Senior Citizen aspects, leave in the Alzheimer's Care and proceed with the program. 7. Direction regardin~ Multi-space Parking Meter Options - Paul Dorling/Scott Aronson. Scott Aronson, Planning and Zoning Parking Management Specialist provided information concerning the installation of multi-space parking meter options. It was the consensus of the Commission to proceed with the pay and display parking meter proposal. They also liked the convenience of using credit cards at the meters. 8. Commission Comments Mayor Perlman adjourned the Workshop Meeting at 9:25 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, January 10, 2006, which Minutes were formally approved and adopted by the City Commission on 4 January 10, 2006 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 5 January 10,2006 WHEREAS, the Delray Rocks Football and Cheerleading Program is sponsored by the Delray Beach Parks and Recreation Department and the players and cheerleaders proudly represent the City of Delray Beach; and WHEREAS, all four football and cheerleading teams were invited to participate in the Sports Network International, Inc. National Youth Football Championships in Daytona Beach, Florida; and WHEREAS, three teams advanced to the South Florida Youth Football League Playoffs in the League Championships; and WHEREAS, the 80-pound team led by Coach Neal Collins played in the first round of the South Florida Youth Football League Championships and was runner-up in the Sports Network International National Youth Football Championships in Daytona Beach, Florida; and WHEREAS, the 1 DO-pound team led by Coach Jerome Jackson advanced to the second round of the South Florida Youth Football League Championship and finished third at the Sports Network International National Youth Football Championships in Daytona Beach, Florida; and WHEREAS, the 125-pound team led by Coach Walter Stephens finished third at the Sports Network International National Youth Football Championships in Daytona Beach, Florida; and WHEREAS, the 155-pound team led by Coach Richard Hughes played in the first round of the South Florida Youth Football League Championships and was runner-up in the Sports Network International National Youth Football Championships in Daytona Beach, Florida; and WHEREAS, the 1 DO-pound cheerleaders squad led by Coach Lori Johnson received Honorable Mention at the Sports Network International National Youth Cheerleading Championships in Daytona Beach, Florida; and WHEREAS, the parents, friends, and cheerleaders of the Delray Rocks represented the City of Delray Beach in support of the accomplishments of these young men and women and their coaches. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks Football and Cheerleader participants to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA." IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City ofDelray Beach, Florida, to be affixed this 17'" day of January, 2006. JEFF PERLMAN MAYOR ~ (;)A , Date: Dec. 20, 2005 AGENDA ITEM NUMBER: 1.9 p.. AGENI>A REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: January 17, 2006 Description of Agenda Item (who, what, where, how much): Request approval of, and Mayor's signatvre on, a Proclamation honoring the Delray Rocks Football and Cheerleading Program's participation in the 2005 Sports Network InternatiQnal, Inc. National Youth Football Championships in Daytona Beach, Florida. City Attorney Rev L)~ Department Head Signature: !Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: t!JA No Initials: Hold Until: Cfl~ Agenda Coordinator Review: Received: r . PROCLAMATION WHEREAS, the Delray Rocks Football and Cheerleading Program is sponsored by the City of Delray Beach Parks and Recreation Department, and the players and cheerleaders proudly represent the City of Delray Beach; and WHEREAS, all four football teams and cheerleading teams were invited to participate in the Sports Network International, Inc. National Youth Football Championships in Daytona Beach, Florida; and WHEREAS, three teams advanced to the South Florida Youth Football League Playoffs in the League Championships; and f?'Qyeff WHEREAS, the 80-pound team led by Coach Neal Collins WM eliminated in the first round of the South Florida Youth Football League Championships and was runner-up in the Sports Network International National Youth Football Championships in Daytona Beach, Florida; and WHEREAS, the 100-pound team led by Jerome Jackson advanced to the second round of the South Florida Youth Football League Championships at'ld V.ft3 clim;Hdted and finished third al the Sports Network International National Youth Football Championships in Daytona Beach, Florida; and WHEREAS, the 125-pound team led by Walter Stephens finished third at the Sports Network International National Youth Football Championships in Daytona Beach, Florida; and WHEREAS, the I 55-pound team led by Richard Hughes _ e~~ in the first round of the South Florida Youth Football League Championships and was runner-up in the Sports Network International National Youth Football Championships in Daytona Beach, Florida; and WHEREAS, the 100-pound cheerleaders squad~':1 Lori Johnson received Honorable Mention at the Sports Network International National Youth Cheerleading Championships in Daytona Beach, Florida; and WHEREAS, the parents, friends and cheerleaders of the Delray Rocks represented the City of Delray Beach in support of the accomplishments of these young men and women and their coaches, NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida on behalf of the City Commission, do hereby proclaim the Delray Rocks Football and Cheerleadeq participants to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORSOFGOOD~LANDSPORTSMANSHIPFOR THE CITY OF DELRAY BEACH, FLORIDA." IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 17th day of January, 2006. Jeff Perlman MAYOR WHEREAS, the Delray Rocks coaches volunteer their time to the Delray Rocks Football Program sponsored by the City of Delray Beach Parks and Recreation Department, and proudly represent the City of Delray Beach; and WHEREAS, the coaching staff of the 125-pound team has served as coaches for over 25 years; and WHEREAS, head coach Walter Stephens has coached for 35 years, Matthew Mitchell served both as head and assistant coach for 37 years, Major Graham has coached for 33 years, Robert Preston has coached for 30 years, and Robin Smith has coached for 25 years; and WHEREAS, the coaches have touched the lives of untold numbers of children, in both teaching the game of football and the game oflife; and WHEREAS, the parents, friends, football players, and cheerleaders of the Delray Rocks represented the City of Delray Beach in support of the accomplishments of these coaches. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks I 25-pound coaches to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA" IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this I th day of January, 2006. JEFF PERLMAN MAYOR ~ C9B " t ])ate: Dec. 20, 2005 AGENDA ITEM NUMBER: LS AGENllA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: January 17, 2006 ])escription of Agenda Item (who, what, where, how much): Request approval of, and Mayor's signat~re on, a Proclamation honoring the Delray Rocks coaches who have volunteered for over 30 years. City Attorney Re j wlRecommendation (if applicable): ~ ])epartment Head Signature: Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @ No Initials: ~ Hold Until: Agenda Coordinator Review: Received: , PROCLAMATION WHEREAS, the Delray Rocks coaches volunteer their time to the Delray Rocks Football Program sponsored by the City of Delray Beach Parks and Recreation Department, and proudly represent the City of Delray Beach; and Ao.-s WHEREAS, the coaching staff of the 125-pound team ha\re served as coaches for ove~ears; and WHEREAS, head coach Walter Stephens has coached for 35 years, Matthew Mitchell served both as head and assistant coach for 37 years, Major Graham has coached for 33 years, Robert Preston has coached for 30 years and Robin Smith has coached for 25 years; and WHEREAS, the coaches have touched the lives of untold numbers of children, in both teaching the game of football and the game of life; and WHEREAS, the parents, friends, football players and cheerleaders of the Delray Rocks represented the City of Delray Beach in support of the accomplishments of these coaches, NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks 125-pound coaches to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRA Y BEACH, FLORIDA." IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 17m day of January, 2006. Jeff Perlman MAYOR WHEREAS, many times when individuals need help with meeting life's basic needs they are not sure where to turn; and WHEREAS, Palm Beach County and the Treasure Coast are fortunate to have a non-profit agency (2-1-1) that has been in the community for over 30 years providing information and referral on community resources, telephone counseling for distressed callers, and suicide intervention; and WHEREAS, The Center for Information and Crisis Services (2-1-1) will be recognized as the central linkage point in our community providing individuals with the information and support they need to solve their problems; and WHEREAS, the staff and volunteers at The Center for Information and Crisis Services (2-1-1) are available 24 hours a day; and last year assisted over 100,000 callers in need of information, referrals to social services agencies, or someone to talk to. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of February 5 through February 11,2006 as DIAL 2-1-1 WEEK in the City of Delray Beach, Florida, and urge all citizens to be aware of the only telephone number they need to know to access information on over 5,000 programs in our community that provide assistance in such areas as Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Home Health Care, Financial Assistance, etc. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th day of January, 2006. JEFF PERLMAN MAYOR of( ~ Csle.. FROM :211HelpLine FAX NO. :561 547 8639 Jan. 03 2006 01:28PM Pi ~7/< Palm Beach/Treasure Coast *' .. _.!I~" GetConnected. GetAnswers. J J 3 IOtfJ 3 (including.cover page). D <A. V u;l H-Rl{ clrz.v\ Company: c~of J2.,tlrO\. 'I Date: Pages: To: Phone: Fax; 5IQ\.243.-=tlqq Me re.cld h t--Iu~~~ SlQ.I-3%3. II LlL./ (561) 547- 8639 @ 211 pbtc.org . From: Phone: Fax: e-mail: Subject: Pvoc.~ Comments: p~ S-QJL a::tto..c..~ . 211 is a telephone-based service, in its fourth decade of providing a team of specially trained sta"f and volunteers available 24-hours a day, 365 days a year, assisting callers by providing information, referral, crisis counseling, and suicide intervention. . 211 is available for callers of all ages and serves Palm Beach, Martin,St. Lucie, Indian River and Okeechobee counties.. In 2003, 211 responded to approximately 100,000 callers in need of. information and referral or just some one to talk to. . Since cell phones are not currently 211.accessible, you may need to dial 561- 383-11.11. ~r:CEIVJ:1) II, '. ': ?nnli CITY MANAGEl'i CONFIDENTIALITY NOTICE: This PAX, ~nclud1ng attachments, is intended only for 'the use'of the indivfduaL or entity ~o which it is addressed and may contain information chat is' privileged, confidential and exempt from disclosure under applic:a:ble law. Any unauthorized revie.w. use, .disclosure, or distribution is prohibited.. If you have rece~ved this communication in error, please 00. not distribu~e ie. Please notify the sEn~er by s- Mail at the address shown .and ~elete the original mesa~ge. Thank you. . FROM :211HelpLine FAX NO. :561 547 8639 Jan. 03 2006 01:29PM P2 Palm Beach/Treasure Coast * ~.'~l GetConnected. GetAnswelS:. liECEiVED it: 3 200:; CCrri. iJiANAGa~.:; January 3, 2006 Mr. David Harden City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Dear Mr, Harden, 211 Palm BeachITreasure Coast would like to apply for a proclamation declaring February 5-February II, 2006 as DIAL 2-1-1 Week. . 211 Palm BeachITreasure Coast is a private non-profit health and human service organization that has been in operation in Palm Beach COWlty since 1971. We have since expanded our services to Martin, St. Lucie, Indian River, and Okeechobee Counties. 211 serves as the central access point for information, referral, telephone counseling, crisis intervention and suicide prevention via telephone, 24 hours a day, 365 days ayear. Your consideration of this matter would be greatly appreciated. Should need additional infonnation,please do not hesitate to contact me at (561) 383-1144 Best wishes for a happy and healthy New Year! Sincerely; Meredith Hughes Community Education SpeCialist United (~ Way ,_/. ~'cHiLDhE.N 121 & FAMILIES m'AlIlBUClllTllEISUIIECDAST I '.0.801311111 WlTlltl,R33485 I m56t547.1I831I FAl561.547.8838 TIE CENTER FOB INFIRMATION & CRISIS SERVICES www.211pafmbeach.org www.211treasurecoasl.org .~ .. . Iff ..~.~::~~l~0"rl'.' _it FROM :211HelpLlne FAX NO. :561 547 8639 Jan. 03 2006 01:29PM P3 WHEREAS, many times when individuals need help with meeting life's basic needs they are not sure where to turn; and WHEREAS, Palm Beach County and the Treasure Coast are fortunate to have a non profit agency(2-l-l)that has been in the community for over 30 years providing information and referral on community resources, telephone counseling for distressed callers and suicide intervention; and WHEREAS, The Center for Information and Crisis Services(2-1-l) will be recognized as the central linkage point in our community providing individuals with the information and support they need to solve their problems; and WHEREAS, staff and volunteers at The Center for Information and Crisis Services (2-1-1), available 24 hours/day, assisted over 100,000 callers in need ofinfonnation, referrals to social services agencies or just someone to talk to last year alone. NOW, THEREFORE, I, Jeff Perlman, Mayor of the City of Delray Beach, hereby proclaim February S, 2006 - February 11,2006 as DIAL 2-1-1 WEEK in the City of Delray Beach and urge all citizens to be aware of the only telephone number they need to know to access information on over 5;000 programs in our community that provide assistance in such areas as Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Home Health Care, Financial Assistance, etc. IN WITNESS WHEROF, I hereunto set my hand and cause the official seal of the City of Delray Beach, Florida, to be affixed this day of February, 2006 Jeff Perlman Mayor Center for Digital Government ABOUT THE CENTER The Center for Digital Government is a national research and advisory institute on information technology policies and best practices in state and local government. A private organization based in Folsom, Calif., the Center's advisory services, online resources and special reports provide public and private-sector leaders with decision support, knowledge and opportunities to help them effectively incorporate new technologies in the 21st century. SURVEYS AND AWARDS PROGRAM The Digital States Survey, Digital Cities Survey and Digital Counties Survey are three of the most powerful market surveys and benchmarking tools for state, city and county government leaders. The surveys assess how our nation's jurisdictions are applying technologies to better serve their constituents. The Dilrltal Cities Survey is the nation's most powerful benchmarkinl!: tool for city l!:ovemments. The Digital Cities Survey examined and assessed how city governments are utilizing information technology to operate and deliver quality service to their customers and citizens. Mayors, chief information officers and city managers at over 300 of the nation's cities were invited to participate. Officials responded to a set of 22 questions. The survey grouped cities into four categories based on population: 250,000 or greater, 125,000- 249,999, 75,000-124,999, and 30,000-74,999. Survey questions focused on implementation and adoption of online service delivery; planning and governance; and the infrastructure and architecture that make the transformation to digital government possible. The City of Delray Beach was awarded 1st Place in the category of cities with populations of 30,000 to 75,000. On December 8th City Manager David Harden and Chief Information Officer Guy Buzzelli, Project Manager Ed Del Portillo, and Senior Programmer Analyst Paul Fleetwood, of the Information Technology (IT) Division, were presented with this prestigious award at a reception held in conjunction with the 82nd Annual National League of Cities Congress and Exposition in Charlotte, NC. ~ ,\6 [ITY DF DElRRY BEA[H ~ DELRAY BEACH tIad All-America City , I III! 100 N.W. 1st AVENUE. DELRAY BEACH. FLORIDA 33444.561/243-7000 1993 2001 MEMORANDUM TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Re-accreditation for Parks and Recreation Department DATE: December 30, 2005 Per the attached letter, the Parks and Recreation Department received our national re-accreditation from the Commission for Accreditation of Parks and Recreation Agencies on October 18, 2005 in San Antonio, Texas. We are one of sixty agencies nationwide who have received this national recognition. The Parks and Recreation Department was originally accredited on March 3, 2000. To be re-accredited, which is every 5 years, we completed a detailed self-assessment that was followed by a 3 day visit and peer review by a team of experienced professionals in the field of parks and recreation. A final review was conducted by appointed representatives from CAPRA. National accreditation requires parks and recreation agencies to respond to 155 standards representing elements of effective and efficient parks and recreation operations. Agencies must meet 36 fundamental standards plus 85% of the remaining standards to achieve re- accreditation. In our re-accreditation process we missed one of the 155 standards. Please place this presentation to City on the January Commission. 17, 2005 agenda for the award of Parks and Recreation Ref:dhreacc @ Printoo on Recyclfjd Paper THE EFFORT ALWAYS MATTERS ~~ Commission for Accreditation of Park and Recreation Agencies NEWS RELEASE: City of Delray Beach Parks and Recreation Department EARNS NATIONAL RE-ACCREDITATION Who: City of Delray Beach Parks and Recreation Department Joseph Weldon, Executive Director 50N.W.lstAvenue Delray Beach, FL 33444 What: National Accreditation from the Commission for Accreditation of Park and Recreation Agencies When: October 18, 2005 Where: San Antonio, Texas Why: For quality park and recreation adntinistration On October 18, 2005, the City of Delray Beach Parks and Recreation Department's national re-accreditation from the Commission for Accreditation of Park and Recreation Agencies (CAPRA) was conferred. The award was announced in San Antonio, Texas at the National Recreation and Park Association National Congress. The City of Delray Beach Parks and Recreation Department continues to be one of the elite sixty agencies who have achieved this recognition nationally. The process of accreditation is extensive and ongoing. The City of Delray Beach Parks and Recreation Department was initially accredited on 3/3/~000 and has been maintaining the high standards of accreditation ever since. To be re-accredited, which is required every five years, the agency completed a detailed self-assessment. This was followed by a visit to and peer review of the City of Delray Beach Parks and Recreation Department by a team of experienced professionals in the field of parks and recreation. A final review was conducted by appointed representatives from CAPRA and re-accreditation formally conferred by the Commission. National accreditation requires park and recreation agencies to respond to 155 standards representing elements of effective and efficient park and recreation operations. Agencies must meet 36 fundamental standards plus 85% of the remaining standards to achieve re-accreditation. Executive Director, Joseph Weldon, and several staff members attended the Commission hearing on October 18,2005 in San Antonio, TX and were notified that the City of Del ray Beach had received re- accreditation. Joseph Weldon commented that the process of accreditation has helped to continuously improve the quality of the City of Delray Beach's facilities, operations, programs, and services. The Commission is comprised of representatives from the National Recreation and Park Association, the American Academy for Park and Recreation Administration, the National Association of County Park and Recreation Officials, and the International City/County Managers Association. For further information on the Commission for Accreditation of Park and Recreation Agencies, contact: National Recreation and Park Association, Tara L. Fitzpatrick, CPRP, CTRS 22377 Belmont Ridge Road, Ashburn VA 20148 (703) 858-2147; Fax: (703).858-2147; E-mail: tfitzpatrick@nrpa.org National Recreation and Park Association 22377 Belmont Ridge Road. Ashburn, VA 20148 . (703) 858-0784 . Fax: (703) 858-0794 ._--~ _<_ .u _._..___ N RPA in Action ASSOCIATION NEWS AND NOTES ASSOCIATION NEWS J Call for Speakers: New England Training Institute The New England Training Institute & Exposition and Therapeutic Recreation Symposium is New England's premier training opportunity. The most success- fulleaders from public and private business, administration, recreation and parks, and academia will present timely information and innovative tools to advance parks and recreation services in your community. NETl submissions opened on Sept. 19, and speakers wishing to present at this year's conference may submit their proposal online at www.nrpa.org/neti. Submissions will only be accepted online. The 2006 Conference will be held April 2-4 at the Viking Hotel Newport in Newport, R.I. Sports Illustrated GOOD SPORTSTH 2005 Community Winners Sports Illustrated GOOD SPORTSâ„¢ presented by Dodge in partnership with NRPA provides advice, action plans, resources and recognition for adminis- trators, coaches and parents who want children in their town to get the most out of their youth sports experiences. Once activated, agencies were then eligible to apply for a national competi- tion and recognition portion of the program. Eight communities were cho- sen and will gain national recognition for the accomplishment through a pro- file featured in Sports Illustrated maga- zine. Communities were judged on their ability to promote positive values such as sportsmanship and fair play, proper skill development, parent involvement and positive coaching methods. Local agencies were also reviewed on inclusiveness of play and community involvement in youth sports-such as consistent policies and procedures around safety and facility management. The GOOD SPORTSâ„¢ winners this year are: Rocky River Recreation, Ohio Sterling Park District, Ill. City of Greeley Recreation Department, Colo. Brunswick Parks and Recreation Department, Maine . St. Andrew's Parish Parks and Playground Commission, S.C. Howard County Recreation and Parks, Md. City of Glendale Parks and Recreation, Ariz. EI Paso Parks and Recreation, Texas Agencies wishing to join the GOOD SPORTSâ„¢ initiative should contact the National Partnership Division ofNRPA at programs@nrpa.org or visit www. nrpa.orglgoodsports. Agencies Receive Accreditation i) At NRPA's Congress and Exposition in San . CAPIA . Antonio, Texas, several agencies became s ~ accredited or received re-accreditation. To become accredited, agencies must submit a formal applica- tion, then meet standards created by the Commission for Accreditation of Park and Recreation Agencies (CAPRA), an inde- pendent body which is sanctioned by NRPA. The agencies undertake a self-eval- uation, then are peer reviewed by an approved visitation team. Congratulations to our newiy accredited or re-accredited agencies: I. N...I...T.IA~,lC.C:..R...E..DIT,lTIClJIIS Cincinnati Recreation Commission Cincinnati, Ohio Director, James Garges City of Sellevue Parks & Community Services, Sellevue, Washington Director, Patrick Foran 64PARKS&RECREAT10N DECEMBER 200S City ofTamarac Parks and Recreation Department, Tamarac. Florida Interim Director, Greg Warner City olWesterville Parks and Recreation Department, Westerville, Ohio Director, Jody Stowers FIVE-YEAR R~...:.A.c:C:RI[)IT ,lTI ClNS City of Delray Seach Parks and Recreation Department, Delray Seach, Florida Director, Joseph Weldon City 01 Gainesville Parks and Recreation Agency, Gainesville, Georgia Director, J. Meivin Cooper l ! I ! City of Salisbury Parks and Recreation Agency, Salisbury, North Carolina Director, Gail Elder White TEN-YEAR R E:,lc:c:..RE.PI..!,l!..I.ClJIIS Miami-Dade Park and Recreation Department, Miami-Dade County, Florida Director, Vivian Donnet Rodriguez Date: Dec. 30, 2005 AGENDA ITEM NUMBER~ ~ AGENDA REQUEST Request to be placed on: _Consent Agenda -LRegular Agenda _Workshop Agenda _Special Agenda VVhen: January 17, 2006 Description of Agenda Item (who, what, where, how much): Request approval to present re-accredita~ion award for the Parks and Recreation Department to City Commission. Department Head Signature: u~ City Attorney Rev !Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: r!3.J No Initials: P1 Hold Until: Agenda Coordinator Review: Received: ~ r"-'~~~r'O'!ll";"'~~"o;'~,;s;'Ci~~~~~ TO: DAVID T. HARDEN, CITY MANAGER THRU: PAUL DORLlNG, DIRECTOR OF PLANNING AND ZONING FROM: ESTELlO BRETO, SENIOR PLANNER f (~ci ' SUBJECT: MEETING OF JANUARY 17, 2006 SITE PLAN REVIEW AND APPEARANCE BOARD AWARD RECOGNITION PROGRAM The Site Plan Review and Appearance Board (SPRAB) is conducting its 14th Annual Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Eligible projects are those that were approved by the Board, and received a Certificate of Occupancy during the previous fiscal year (October 1, 2004 - September 30, 2005). The SPRAB awards will be presented to the recipients mentioned below at the City Commission meeting. This year's design categories and recipients include: NEW COMMERCIAL DEVELOPMENT Gulfstream Business Bank ~ Gulfstream Business Bank. Lee Waring, (Developer) ~ Kupi & Eliopoulos Architects, P.A., (Architect) ~ Lucido and Associates Landscape Architecture, (Landscape Architect) NEW RESIDENTIAL REDEVELOPMENT Ocean City Lofts ~ South point Realty Development, Thomas Laudani (Owner/Developer) ~ Falkanger Snyder Martineau & Yates Architects. (Architect) ~ Daniel H. Carter Landscape Architects Inc. (Landscape Architect) NEW DOWTOWN RESIDENTIAL DEVELOPMENT Village Grande ~ Louis and Kathryn Carbone, Coastal Design & Development Group, (Owner/Developer) ~ Currie, Sowards, Aguila, Partnership Architects. (Architect) ~ Dave Bodker Landscape Architecture/Planning Inc., (Landscape Architect) EXTERIOR RENOVATIONS Co-Winners SPA Eleven ~ Nicole Oden (Owner) ~ Brewer Architecture Inc., (Architect) ~ Daniel H. Carter Landscape Architects Inc. (Landscape Architect) Joe's Restaurant ~ Joseph Peraino IV and Pasquale Carucci (Owner/Developer) ~ S+D Architecture Inc. (Architect) NEW INDUSTRIAL DEVELOPMENT The Flex Building ~ Wahoo Properties, Inc., (Owner) (561) 585- 1023 ~ Brewer Architecture Inc., (Architect) ~ A. Grant Thornbrough and Associates (Landscape Architect) NEW PUBLIC BUILDINGS S.D. Spady Elementary School ~ The School District of Palm Beach County, Dr. Art Johnson, School Superintendent (Owner/Developer) ~ Jose Murguido, AlA (Architect) ~ Curtis+Rogers Design Studio, Inc., (Landscape Architect) WALL SIGNAGE Gulfstream Business Bank ~ Gulfstream Business Bank, (Owner) ~ Mark Gregory, MG Sales & Consultant, and Claudio Camilucci, (Sign Contractors) '\.D MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t;eu1 AGENDA ITEM # '6 A - REGULAR MEETING OF JANUARY 17. 2006 FINAL PLAT APPROVAL/TURTLE BEACH PLAT TO: SUBJECT: DATE: JANUARY 13, 2006 This is before the Commission to approve the minor subdivision plat for Turtle Beach, located on the east side of State Road A-I-A just south of Casuarina Road. The property is located in Section 21, Township 46 South, Range 43 East. The plat results in the creation of two (2) lots. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for Turtle Beach. S,\c;ty Clcrk\agenda memos\Fuw Plat Turtle Beach 011706 City Of Delray Beach Department of Environmental Services M E M 0 RAN DUM DATE: David T. Harden, City Manager Randal L. Krejcarek, P.E. p~ 11 Jan 2006 TO: FROM: SUBJECT: Turtle Beach Plat Agenda Request The attached agenda request is for Commission approval of the Turtle Beach Plat. This plat is located in Section 21, Township 46 South, Range 43 East., City of Delray Beach, Palm Beach County, Florida. This property is on the east side of SR A1Ajust south of Casuarina Road. This plat results in the creation of two lots and is considered a minor subdivision; therefore, no additional approvals were required. Enclosed are a location map and a reduced copy of the plat. If this meets with your approval, please place it on the 17 Jan 2006 Commission Agenda for approval. Thanks! enc cc Richard Hasko Joe Safford City Clerk TACtile S:\EngAdmin\TACITurlfe Beach Pfat\2006-01-17 agenda memo. doc I I >- <( 3: n:: 0 0::: W BUCIDA f- z -' <( n:: w 3: 0 w z CJ <( <( w if) -' <( 0 w if) MELALEUCA TAMARIND RD. --.J BAUHINIA ROAD w <( l') <( IJ) ~ f- <( w <( IJ) CJ (f) <( w if) <( IE 0 AZALEA RD. :::J 0 if) () <( 52 -' 0::: aJ Z f- <( w u Z 0 DC IE 0 :::J 0 if) rn CITY of DELRA Y BEACH ENVlRONMEI'ITAL SERVICES DEPARTMENT 0434 80IJTH SWIfTON AVEHJE, DEL.RAY BEACH, R..ON:)A 33444 Locotion Mop TURTLE BEACH PLAT Lots 1 & 2 z <( W () o u --.J f- Z <( --.J f- <( DATE: 01 /06 1 of 1 d:IJII d ~~ t ';; I ii, '1 "" "I~'~ "0" ~~ i~ ~~. h~ ~ z 8 ~ '" u Q w " S I! a. :z: i5h u ~ -g <C ffi5~ ,,"0 N W "'''' l'; w"'~ >~ m Oa.~ i ~1ll~ W -z "'3: ~O~ -I >-f- ~""' ~ N i:jl'; -5 ~ ::::>> '" ... !! " ,!I! ; 1m ! II ~!"; I II !~I~ . ~. I!i: ! ., !!.;~ l I~ i"~~"! 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" I L "'- - - -;;1 " { i5: ~ 1 ~!I ~~I ~t1 ~..~ ;= ~ I :> ~ I . I ~~ g! ~o--l Ii ~ I ~ .. \ "'- z ~ ~~ ~" p~ ~~ ..{ "' ------ ~~ z ~ ~~ ~~ ~" ;~~H.l OJ Iii ,.~ ~I:i!. ~~ m "- ~ ~ lljllllf I ll'l' I ..I II IIIII Ifl '. n 150.00' S06"05'12"w II ATLANTIC OCEAN i' 125.8,3' S06"05'12"W il~.~," , ;1 " . ! I i "'LIT"'_",- ........,.~'c_ " ,~ .::s --____________ !~ ~ " ~ . . @= ---~--------- -~----~--~._--~--- .~- n'" ::i~ 1li5 "z mN ~S!:( ~~z ! ~~~ ""I .:r;;: G> ,.., ~"OO ~ I: g; ni ~g~ ~:;!"i g' r ~~~ 'm 5ti "'!:! 'il", ,-l ~ ni ~~rl id~ I -. ~-I.~.. ~~i I ~~~I' a ~~ ~ ~liiiP ... c ~ r- m m m ~ :z: ." r- = I Date: 11 Jan 2006 AGENDA ITEM NUMBER: ~ AGENDA REQUEST Request to be placed on: -X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 17 Jan 2006 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the minor subdivision plat for Turtle Beach. This plat is located in Section 21, Township 46 South, Range 43 East., City of Delray Beach, Palm Beach County, Florida. This Plat is located on the east side of SR AlA, south of Casuarina Road. n_ AI" a Department Head Signature: \ ~ ~ 1"12.- -oh City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes 1 No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: 81 No Initials: Hold Until: 111- , Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Turtle Beach Plat\2006-01-17 agenda.doc ~ TO: DAVl~DE ,Cr[~MANAGER PAur- 6tRLlNG, DIREC R OF PLANNING AND ZONING NGUYEN TRAN, SENIOR PLANNER "17..UL.-t:~ MEETING OF JANUARY 17, 2006 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEED ASSOCIATED WITH 527 NW 1ST AVENUE. THRU: FROM: SUBJECT: The subject property is located on the east side of NW 1st Avenue, approximately 153' south of NW 6th Street (a.k.a. lake Terrace). The applicant is proposing to construct a new single family residence on the currently vacant site. The existing right-of-way width for N.W. 1st Avenue, adjacent to the subject property, is 40' and the required width is 60' (15' currently exist from the western property line to the road centerline). For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG have approved reductions in right-of-way widths from 60' to 50' for adjacent properties along N.W. 1st Avenue. In addition, it has been determined that all required improvements such as drainage, sidewalks, and vehicular travel ways can be accommodated in the reduced 50' right-of- way. Therefore, the applicant must dedicate 10' as shown on the attached survey. The City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. By motion, accept the right-of-way deed associated with 527 NW 1 st Avenue. Attachments: o Location Map o Survey o Right-of-Way Deed )$6 ~ II i I I I IIII I i IIII I 11TH ST. N.E. N.W. I I II - ~ S-:I--- -w '" > Z 1== -'" I 1== N.E. w I f-- 0 > '" Z f--N I >- I .- N.E. I i I ",n I I I I I ST. r= = 10TH 9TH ST. 1= - - ST. f--- f--- f--- I-- NW 9lli S~ = I-- -~=~ ~~ EO~ r-- - - f-- 1--- r---- > - I-- r--o- r---- f------ f------ NW 8 H T <( J- I-- t---- ~.~ I-- @r-------- r-- ~ I--t--------- N t"---<( ~ I-- ,; r-- 1--" z t-------- r------ z t '--N~ I i I--- w 1---2 I--- r- t-- I--- f-- lmrn,- =="' 6TH ~ST' N.E. II u'" I I 'Ie'" I II ,,'" '---- I ,; Z LANE'r I I f-- f- ~BU:: ::f q'" BOULEVARD r- , r-- ~= "- - '-- GEORGE :> '" 7TH I 7TH ST. I--E' .- lI:- ~~LAKE TERR" Z '" r-:5 ~O -~ ~~SJ ,/ - 'v" / ::::: -I KINGS LYNN I-- . ~ '" I-- ,<-" ..:,,'" S 0" ~ w . > w <(~ r--~ -f-- ~-I--Cl '<t-_ r---~ CASON METHODIST CHURCH POST OFFICE w > '" I---- - I---- - u" I---- tJ" ;= 0'" '-- '<' '-- N.E. 5TH TERR fP ~ ~ "',=:- I---- - J;= N.E. 5TH CT. _ ~~2J OOI I ~l.i=- I _5TH~ST. t= ~'-= w.j- ::If-- _~ z={~ L.'= 4 TH ST -' - .- ~- "'- I-- 01-- iJir-- r-- ~D N N.W. TH ST. f-- r-- WOOD ir~IY => - - ~'v <Y LY 1 I ~ z o I- Z 3: Ul TRINITY LUTHERAN N.E. - - L A K E I D A R 0 A D N.E. w > '" II-- 'I---- I---- I---- ,;-c--. z-!-~ _ r---- Z -1- w > '" o Z N ~- t;:)-r-------- - I---- ,;-f------ Z _ I---- >- "' o Z N w Z w Z u.!t-- zr- r- r- r- = ==J ---=i I I I I ,; 2 I---- - I N CITY OF DELRAY BEACH, FL PLANNING &: ZONING DEPARTMENT 527 NW 1st AVENUE - ACCEPTANCE OF 10' RIGHT-OF-WAY DEED FOR NW 1ST AVENUE- -- DIGITAL BASE MAP SYSTEM -_ MAP REF: lM904 .. gp./~~ Ji.~'mi~:~~~I'ml~~&liJl ~ ~n m' ~jm-~~> ~~ ~:J:Ul~~ --'o'~~~. ]~~. g-~U~~ ~;~~; , ~;. .~~ ~~-'~Om ~.~~Z~ '0--:' ~~:~ '~!i h'~U ~ ~ ~I ~i;; -~ .~~~ p~~- h~~~~ il~~~~il ~-~J~~~'Mmfn~~~i ~~~p ~ iiim'I~I! 1!I!ii jil" ~ % ~ a"~ ~ II 0 ~ ~ ~ ~ ~ ~ ~% '" ~ ~!m ~ ~ ~ "Um ~ ~ j ~ ffl~ g 5~ ii;~~ ih~i~~l~ ~~~ ~ - ~ m~~! ~ ~ ~~il ~:: ~ ~ Ii.?: o a- J,:i! m ~ :f a ~ ~ !il lij 0 ~.... ~ '" ~ ~om ~ ~ ~<" 0 ~ 0<0 Z~ g ~ ~~I ~ ~ ~~; ~ ! ~ ~ ~ ~ il;>~ ~ ~ !~ ~ f ~ : ~ 8 ~I~ . ~ ~i j ~ ~ ~ ~ ~~~ g ~e i ~ I ~I O~ll ~.....~ ~z~ -<"'", ",-0< ':!~I; 2~o . ",,,, ~~GJ "'~ G) ~ z:!!1'T1 oOZ !tit'Z ~~~ g~~ Z:oJ'" "'0 ....," ~~~() ......'" 0==1:::0::0 "'r;;~g "'-68 "'Zz o~ -< ~~R>g 0"0 ()~~ o,,~ ~9~ -=<o~ z'>1:;; P~z P ~Cj!i:J:.-'" .... J'TJ":"1C/} ;-o.:tCJlJog ~~~E~:t o~:C:r!~o r-- Of"l1""q~ [rir-g::o-/>.! U)[ri?;~())t -lVl~_"'Vlr- :r _ 0...., "'''''>1;;;'i~ :e1Tlr- ::tCll !TlC/}~::O- ...... ~o-"'~""" -leon J\.) :!J:t>'-~G)'-' :!l:er-~,.,.,o f"I1GJGJo ." ~...~-t;:;J ."o~z):!f11 rrtcf'11"'OUJ!j:! ~i\;~S''''~ .......MO \:} ~:::OCtDf'110 0(;;':tg~~ :t!:Et-..:I^-< r /T).....e:-.....tu~ Rl~o",o~c;; O'-'O)>.() '"r}O~~.:CM d"'~-/>.~"'" :::O:r! - 0'.8 ::otTl~~at- ~~Oto~O o ,-IC~"" :J::(')>r- ::0 1'TJ.......VlO -J: ~ ... ~~~~~.... r~~~o."" ~~",,~~(J) J ~ o~ ~~o~z:::j :-<00 ~ '" "'~g1 p:l~::OZIJJ MO~<3g ~ -<oz ~~~:~ oOoVl ~1]~,til~C: ....21'\),0) lD_,tN a-~O,OI 01001 Z ~ ~ ~ J . Ul o Q -_.-<D- .... III o : /I I\) o ~ .. o III a. CO c:i Ql c,j ~I ;Ii: ':;'~' ~~z.' :rr~:.: I I I " I l' II I "I I , I I ~q ~h ~ ~ '<';; flo. ~ ~ ~~ p ~ ~c.i' -. - VI VI Co q ).1 j i' I I 1;1 II ~ ~U ~ z ~ ~09~lQ] ~: '< " o ~ . '" (J) ~ c: Iii :;0 ~ Z P 01 :2 oj>. .G) co 01 :2 ~ 0 ~ ~ 0 :;) " '" ~ 0 Z 5.00'29'4O"E. B0.41 N.00"29'40"W_ 33,40' ----I 1'--11-- J ~ I o ~~:'MlI ~~. ~ I ~dl ! I ~ ~.~ I I ~ 1 "".I~ N'''''''21''';." ,) , '=~':;'~ 35.00' '1:<:: (AssV"ED) ~ , , , I~ ~ ,~ /' 0 ~g ~ II) , N. W. 1 sf A VENUE ~ ~. ISM,'R ::>l --~T--t-----,,;,;;,-OF-""~ VAR'..-----=R--4--- ~~ ------ I ~ '~.~~'.,a>~ 'N;OO'3:~~~.' :::' ~". ~Ii~ ' ~l~ i . '" ",' ~ RIGHT-Of-WAY UNE /0 .. 0 ~ '\"". ~ PO 1'.!:E. ,"-- - /.". ~. ~ ~~ .~. I " / ~~". ~~ ~~ L- t': ~ . 80 ~~... me Z I ..;8 ~O ~O ~ I e : q I i:i ~ ~ Po I ~ !;; ~O'1 ::! tl 8 !TJ I .-.-.-.- ~a -.-.-.-.-.-. 6- I~ ~~ ~l'> ~ ~ l~ ~l'> ~'S ::t l'!, I~ ~ ~ 'Y.,;:: ~ I~ ~~ "<(~~ ~ ~~ ,~ ~ ~ ~ - ~ ~~ E ';;~. I Sl . ';: '- I ... !l (." p :: ~ ~~ I "- ~x I 11-'1 JII- I I c~ .. !t fll~ I~ q .;, '~ b.o ..b ~~ l}:i .~. of.; 0 HH~ :Ii ~ <: '" ~ <oJ: 50IJJ zo", oc:z "'Z" "0<'" '" i'i 1;;",,,, ~~^ :oj "0 oJ:", z~~ Jl~~ 'U '->z'" f.>l:>o "<:z "'''' "0 " J: gj o " m ~ '" 0> ;;; 5 01 '" gj @) ~ ~ 8 "Z 01 tj CO) > ~ ~ ~ i'i6 '" ~i ~ ~ ~ I' k: ~ ~ 01 to ::0 ~.t ~ 1::1 lilD~~ Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED II I _ t..j(}v~~bQt'" THIS INDENTURE made this .21L day of ~, 200~ between (;1-e14"'j!:;'P-% f.l,UV/Chl;:1 UC , with a mailing address of I"UI HfE 'f'f11 ~ r vtffyrl,~/fi: fJ as party of the first part and CITY OF DELRAY BEA H, FLORIDA, a Flonda mUnicIpal corporatIon WIth a maIlIng address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is ." unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper lise, benefit, and behalf of the said party of the second part, its successors and assIgns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date firs I above written. WITNESSES: P7E FIRST PART By: --f{/.et) . (Name printed or typed) ~'~~ (Name printed or typed) STATE OF _FtOv'"\Ju.. COUNTY OF 'BY'O.IJ1l.\.('J ~u~ The foregoint; instrument was acknowledged before me this ~ day of Qo1I , 200~, by Ie,^,"", &. (Jjn.'Pth ' as ~Q...A- (name of officer or agent, title of officer or agent), of (.:/,...... W ~l J.. Jt,...~. ( 'j)J~'t(C (name of corporation acknowledging), a l of inco or IOn) "'.....,WriJJ.Ab~~n behalf of the corporation. He/She' pe n 1 know to me a roduced (type of identificatio as ide' . N::Imp, Tvnprl Printpn or ~t;:,mnp.i1 _'_'H_"__'" GEll F. RlCIWlllllOH : .__Ii ~ --! :i14iJ1 _.... (1OO)4....2..i ~on\.~ ,- unt\' Flonda Notary Assn., Inc : ............................................: . l4- ;& G.ad 6125 STIRLING ROAD DAVIE (954)587-2100 DAVIE. FLORIDA 33314 BOCA (407)488-9628 FAX (954)587-5418 SURVEYING, INC. LB NO. 5495 LEGAL DESCRIPTION Of ADDmoNAL ROAD RIGHT-Of-WAY THE EAST 10.00 FEET Of THE WEST 25.00' Of THE FOLLOWING DESCRIBED PARCEL Of LAND: THE SOUTH ONE-HALF (S 1/2) OF THE EAST ONE-HALF (E 1/2) Of LOT 11. SECTION 8. TOWNSHIP ~ SOUTH. RANGE 43 EAST, DElRAY BEACH. FLORIDA, AS SHOWN ON THE PLAT THEREOf. AS RECORDED IN PLAT BOOK " PAGE .. PUBUC RECORDS Of PALM BEACH COUNTY. flORIDA; LfSS THE SOUTH 253.00 FEET AND THE EAST 183.00 FEET THEREOf. LfSS THE SOUTHWEST QUARTER (SW 1/.) Of THE EAST HALF Of SAID LOT 11. SKETCH AND LEGAL DESCRIPTION NlIIES 1. ASSUMED BEARING BASt: TIiE CENTER UHf OF N. W. 1 ST AVENUE BEARS S.OO'J5'21"f. AND ALL OTHER BCARlNGS DEPICTED HEREON ARE RE.l.AlM lHERETO. 2. THEl.J.WLS SHOWN HEREON WE'RE NOT ABSTRACTED BY THIS OFfICE FOR E:ASDl!N15, RIGHT-OF-WAYS, OWNE/f';HlP (JD, OTH~ lIolS'Tm.1WENT$ or RECORD. 2. THE lLGI.L ~N AND lllE ACCOt.lPMMNG SKETCH DOES NOT CONSTmJTE: A LAND SU~ INVOICE NO. 28635SL SHEET 1 OF 2 DATE FLORIDA CERTIFICATION NO. 5241 NOT VALID UT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR A'~:O MAPPER. 11/1./05 pJa LEGEND P.D.S. POINT OF BEGINNING P.D.C. POINT OF COMMENCEMENT , I 1 I 1 1 I 1 1 I ;:1 91 "- 01'" ~~ ~I~ '"18 " . f- '" 1518 '" 2 z ~I In ~I "'I I I 1 I L . . 20 0 ~ Scale -;B"go10'OJ'U,32.0J' - 789' 1 0'03"E. I 15.00' , I ;.....' d~l~ ",,- IX) ~'Ihs ~ ~:s:",,,-i5~ .. ~190LLlo ~~I; ~~~ ~ .. ....... I We in It) II..... 3:LLl W I") It) 19 l1J~ ~ g b ~ ~ iE~ ~ z C! :C:1i2 a ~ ZI r ~~ i:s~ ~~ ~~ ,,~ i~ ~~ ~i:s ~ ~ ~ '^ ~ :;! ~ .I, ~ I ...~ ::::-- 15.00' 9~2" f-_ ~- '" ~ f- . ,,0 0 f- -' 0 =>"-10; g 0 ~ ~~I.<J ........... ~ u........ S'l o ~ :!l '" 0\1 b ~ LLl 0 .....J::c. vi f-f-I ~u. 0\0 '" '" 20 I 1 " 40 I 20' 60 I N.89010'03"E. 149.03' 10.00' THE NORTH LINE OF THrsournHALfOF LOT 111 10.00' I I I. I~ 1f5 l.!-Li . I~ . I~ o Ig len 1 1 S.89'08'32"W. 148.90' ~ ~ ~ " '"s ~ u..F:l.J... ~ ci Ou...O ci OJ '00-1 aJ .....io ti w f-<'<'" ~tii~ ~ llJ~8 ~ " .. 8 l-~a:: l-U vi In " ~ . ~ i;l... ~"... :;!,,1:'o!;l ~, ~!< ~~ ~ .~ 4.i I 4.i ,,~~~~ ~iJj. ..." i:s..,Yl"~ ~ "" ~"v;~~ ....~!:.oJ~1o:::: v;"'~V;1;l "",~:J [;j'" ~~ ~ THE SOUTH 253' OF THE S. 1/2 OF THE E. 1/2 OF lOT II, SEe 8-48-43 I 1 I ~----- THE SOUTH UNE OF LOT 11 S.B9'OB'32"W. 331.4B' N.B9'oa'J2"E. 331.61' SHEET 2 OF 2 SKETCH TO ACCOMPANY LEGAL DESCRIPTION L -;a9'1D'D3"~ 183.00' 1 1 I I I I 1 1 1 1 :;! ~~, ~.....~ ~l.j~ ~~~ ~ '^ "i:s~. ~~~ ,,~<> ~v;~ " -1- ,.., - ::116 ::J -' u. .,0 ~I~ ~Ii z I~ I I I I I I -~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGERorJ\ AGENDA ITEM # K e... - REGULAR MEETING OF JANUARY 17. 2006 RESOLUTION NO. 4-06 FROM: SUBJECT: DATE: January 13, 2006 This is a resolution assessing costs for abatement action required to remove nutsances on ten (10) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 4-06. Department on Caroline S/City Clerk/Lien Process! Agmemos/1AgmemoCE..doc _ ResN 0 4-06 RESOLUTION NO. 4-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or f1le a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter tOO 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 DELRA Y 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 upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the Janual;)' 17. 2006 meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after 2 Res. No. 4 -06 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. PASSED AND ADOPTED ill regular sesslOn on this ,2006. day of MAYOR ATTEST: City Clerk 3 Res. No. 4 -06 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT j ---------------- Norman & Janet Richardson 130 SE 2nd Avenue 124 & 130 SE 2nd Avenue Delray Beach, Florida 33444 Town of Delray S 7 FT of Lot 9, Lot 10 & or N 53 FT of Lot 11 BLK 78 PB 1 PG 3 7601 Canal Drive PCN 12434616010780091 Lake Worth, Florida 33467 - 1827. $ 83.00 Inv. No. 28601 -----------..-.------- ---- $55.00 Adm Fee .._--~.- - $ 138.00 Lincoln Road W of 4943 Kenneth Hemmerle Sr Country Club Acres 2nd ADD Lt 98 PB 1 PG 3 4943 Lincoln Rd PCN 12424613030000980 Delray Beach, Florida 33445 $ 94.00 Inv. No. 28615 1----'---- ------_____ $ 55.00 Adm Fee '--".--.. - $ 149.00 --.. Maselina Jones P.O. Box 1433 Delray Beach, Florida 33447- SW 13th Avenue 1433 Atlantic Park Gardens, Delray or Lt 14 BLK 2 PB 14 PG 56 P.O. Box 6297 PCN 12434617180020140 Delray Beach, Florida 33482 $ 83.00 Inv. No. 28605 ------ ---..- ----..-._-. --- $ ------- 55.00 Adm Fee $ 138.00 Robert L. Burns & 230 SW 3rd Avenue Angela D. Burns Town of Delray S 75 FT of N 150 FT of E 1/2 of S 1/2 ]2578 Lake Ida Rd 1$ BLK 39 PB 1 PG 3 Delray Beach, Florida 33445- PCN 12434616010390050 2376 94.00 Inv. No. 28604 1----- '--~ ---- 1------- $ 55.00 Adm Fee $ 149.00 150 NE 1st Avenue Town Of Delray Lt 9 & N 26.5 FT of Lt 10 (Less S W 60 FT Garrett M Bender & & E 5 FT SE 1 st Avenue R1W) BLK 67 (Old School Teri J Gevinson Square Historic District) PB 1 PG3 140 NE 4th Avenue , PCN 1243461601 0670092 Delray Beach, Florida 33483 $ 127.00 Inv. No. 28617 --.---.--.-----..-------.-----.. $ 55.00 Adm Fee --..-.----. $ 182.00 -.-._-- Gertrude R. Carter 211 NW 15th Avenue 103 NW 3rd Avenue Delray Beach, Florida 33444 or Town of Delray L T 8 BLK 43 PB1 PG3 213 NW 15th Avenue !'.CN 124346 16 ()1.Q'I3_ 0080____ Delray Beach, Florida 33444 $ 146.00 Inv. No. 28614 -- $ 55.00 Adm Fee '----.--.---.---- $ 201.00 -----. - Page 1 RES. No. 4-06.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE ! 144 SW 11th Avenue Properties Unlimited Group, Inc. I Atlantic Gardens Delray % Regine V. Bataille . Lt 24 BLK 6 PB 1 PG3 1810 N. Dixie HWY I PCN 12434617230060240 Lake Worth, Florida 33460 . $ 83.00 Inv. No. 28613 ~..__._._._._-.._---._- 1------..-.---"-- $ 55.00 Adm Fee $ 138.00 415 - 475 SE 1st Avenue ---" MODEL LAND COS SUB OF W 1/2 LOT 1 L YG W OF RY & E OF ST George & Sonia Williams (LESS N 25 FOR ST RIW & LESS W 185 FT OF E 205 % Victor, Security Realty Inv FT 15499 W Dixie HWY OF S 140 FT OF N 165 FT) BLK 1 PB 26 PG 113 North Miami Beach, Florida PCN 12434621 09001 0060 .33162 $ 487.00 Inv. No. 28611 1-----..----.__. ~_._- 1---------__ $ 55.00 Adm Fee . $ 542.00 -.-. I Bernmax Inc A Atlantic Avenue 3 - VIL C'7TH TOWN OF DELRAY 4216 Transquility Drive W 76 FT OF E 101 FT OF N 120 % 14 NW 7th Avenue FT OF S 140 FT OF E 1/2 OF S 1/2 BLK 4 PBl PG3 3rd Vac Lot S PCN 12434616010040090 Boca Raton, Florida 33487 $ 249.00 Inv. No. 28607 -~_.._. ._-----._-.__._-.~-._-_.- 1----.--.. - $ ----..-...-.--.--..- 55.00 Adm Fee 1----. $ 304.00 Spanish Trl -- Katharine D. Martens Tropic Isle 3rd Section L TS 411 & 412 PG25 PG36 589 Deerfield Dr -1 94.00 PCN 12434628030004110 ,Melbourne, Florida 32940 Inv. No. 28606 -_.._---_._._,~._---,. --'--------- -- $ 55.00 Adm Fee $ 149,00 1-- -.- ~- - 1---- VIOLATION IS: SECTION 100.01 . LAND TO BE KEPT FREE OF DEBRIS, VEGATlON, MATTER CONSTITUTING HAZARDS; DECLARED I- 1--- NUISANCE Page 2 RES. No. 4-06.xls MEMORANDUM ~ 1'0: FROM: DATE: David Harden, City Manager Joseph Saffurd,~ Director 01/10/2006 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING January 17, 2006 - Budget Transfer from City Manager's Contingency To Grant Account - Chamber of Commerce Economic Development Item Before Commission: City Commission is requested to approve a budget transfer from the City Manager's Contingency Account in the amount of $21,990 to the Chamber of Commerce Economic Development Grant Account. The transfer represents the appropriation of unspent funds by the Chamber in fiscal year 2005. Back2round: The Chamber of Commerce was originally budgeted $25,000 in fiscal year ending September 30,2005 for the City's support of economic development. Of this amount, $3,009.87 was expended by the Downtown Development Authority for Florida Turnpike signs. The remaining amount of $21,990.13 was unspent and closed out at year-end. The Chamber is now requesting a grant for the remaining fiscal year 2005 funds. The original funds were released on a reimbursement basis with appropriate receipts. The Chamber is requesting that this stipulation be changed to a front-end payment basis or prior to the actual incurrence of the expense. Recommendation: The Finance Director recommends the approval of the Budget Transfer with the stipulation that these funds will be awarded as a front-end grant and not subject to the reimbursement basis of payment. Like other grant recipients, the Chamber would be expected to submit a year-end report on how the funds were used. The Chamber's request is supported by a copy of their Proposed Marketing Bndget of $23,975, attached. Funds are available in the City Manager's Contingency account 001-6111-519-99.03. Attachments: Memo from Chamber of Commerce Budget Trnnsfer fonn Proposed Marlreting Budget from Chamber of Conunerce JS/yw gD I i2i , III J! 110!. ~" HH GREATER DELRAY BEACH Cham~ (l.fCom~e December 5, 2005 Mr. Dave Harden City Manager 100 NW 1st Avenue Delray Beach, FL 33444 Dear Dave: On behalf of the Greater Delray Beach Chamber I am officially requesting the 2004-2005 grant for Economic Development expenditures and marketing of Delray Beach in the amount of $25,000. We appreciate the City's support of these efforts. Sincer~ ' ~~~ President cc: Rita Ellis, Chairman of the Board . Gr. Delray Beach Chamber of Commexce .64 SE 5th Ave., Delray Beach FL 33483 . (561) 278-0424 FAX 278-Q555 bwood@delraybeach.com . www.delraybeach.com Proposed Marketing Budget Orl!anizational Membershivs International Council of Shopping Centers (ICSC) Business Development Board Florida Economic Development Council (FEDC) International Economic Development Council (IEDC) Total $ 100.00 700.00 300.00 325.00 1425.00 $ Subscrivtions Lease Trac (retail listing service) Total $ $ 450.00 450.00 Conferences and Seminars FEDC Annual Conference Registration Hotel and Per Diem IEDC National Conference Registration Flight, Hotel and Per Diem ICSC Florida Retail Conference Registration Hotel and Per Diem Economic Development Summit Total $ 500.00 700.00 750.00 1,100.00 250.00 200.00 200.00 3,700.00 $ Printinl! and Marketinl! Materials Four Color 8xll Marketing Piece Retail and Commercial Office and Business Attraction Web Creation for Site Listings Advertising in Florida Trend Magazine (Year Book & Bus FL) Advertising in Business Development Board Annual Total Total Marketinl! Budl!et $ 1,200.00 1,200.00 1,000.00 10,000.00 (est) 1.000.00 $ 14,400.00 $ 2.000.00 $ 2,000.00 $ 23,975.00 Client Develovment Lunches and Breakfasts Postal!e and Covvinl! b.X ojJ) MEMORANDUM TO: David Harden, City Manager FROM: Lula Butler, Community Improvement Director tb THRU: Kendra W. Graham, Community Development Administrator DATE: January 12,2006 SUBJECT: Approval of Resolution #5-06 amending State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan for Fiscal Years 2004/2005, 2005/2006, and 2006/2007 ITEM BEFORE THE COMMISSION City Commission authorization and approval of an amendment to the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assis1ance Plan for Fiscal Years 2004-2007 by adopting Resolution #5-06 pursuant to Title 67-37 of the Florida Administrative Code. BACKGROUND The Community Improvement Department receives funds under the Sla1e Housing Initiatives Partnership (SHIP) Program for the development and maintenance of affordable housing. SHIP funds are generated from a portion of documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund. The State requires a Local Housing Assistance Plan (LHAP) outlining how the City plans to administer the SHIP funds once they are received. On February 23, 1993, under Ordinance #2-93, the City Commission es1ablished a Local Housing Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee to comply with various sections of Title 67 of the Adminis1rative Code of Florida. Community Development Division staff has administered the program and under the approved Plans have assisted Delray Beach residents with homeownership and housing rehabilitation opportunities. The current Plan (2004-2007) was adopted by Resolution #31-04 on April 13, 2004 and amended per Resolution #66-05 on September 6, 2005. Due to the soaring home sales prices in our area it has become increasingly difficult to assist poten1ial first-time homebuyers under the current LHAP's subsidy structure and the cost of construction materials necessitates an increase in the grant amount allowed under 1he City's Hurricane Disaster strategy. Therefore, staff is recommending that the 2004-2007 Local Housing Assistance Plan be amended as follows: 1) Increase the maximum subsidy amount to $75,000 for all income levels; 2) Revise the recapture policy to allow for a fifteen (15) year term of forgiveness for subsidy amounts less than or equal to $35,000 and a thirty (30) year term of forgiveness for subsidy amounts equal to or greater than $35,00 I; and 3) Increase the maximum award for disaster relief assistance to $15,000. RECOMMENDATION Staffrecommends approval of the amended Local Housing Assistance Plan for Fiscal Years 2004/2005, 2005/2006 and 2006/2007 by adoption of Resolution #5-06. <61:: RESOLUTION NO. 5-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ADOPTING THE AMENDED LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. WHEREAS, the State of Florida, under specific authority established by the William E. Sadowski Act in July 1992, established the State Housing Initiatives Partnership (SHIP) Program which requires the City to develop a one to three year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the Act also requires the adoption of a resolution providing for (I) the maximum and average cost per unit available for eligible housing units; (2) a maximum and average of funds awarded under each strategy; (3) implementation of the strategies and incentives under the plan; (4) establishment of ten percent (10%) of total allocation and five percent (5%) of program income to be spent on administrative cost of the SHIP program; and WHEREAS, Resolution No. 31-04 adopting the City of Delray Beach's 2004- 2007 LHAP was approved by City Commission on April 13, 2004 and Resolution No. 66-05 amending the 2004-2007 LHAP was approved by City Commission on September 6, 2005; and WHEREAS, Florida Administrative Code SHIP rules require the adoption of a resolution to amend an approved Local Housing Assistance Plan and this resolution shall amend the approved Plan in order to provide increased subsidy funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Resolution 31-04 is hereby amended by adopting this resolution and an amended Local Housing Assistance Plan. Section 2. That the maximum cost per unit for eligible housing assistance awards pursuant to the SHIP program may not exceed ninety percent (90%) of the median area purchase price for newly constructed units and existing units as established by U. S. Treasury Revenue Proclamation 2005-15. Section 3. That the maximum award be will be limited to $75,000 for very low, low and moderate-income households for purchase assistance; $35,000 maximum award for very low, low, and moderate income households for owner-occupied rehabilitation; $40,000 maximum purchase of a vacant, buildable lot of record, as defined in the City's Land Development Regulations; and $15,000 maximum award for disaster relief assistance, specific to the conditions, strategies and eligibility determination under the guidelines of the SHIP Program and this Plan. Section 4. That the City of Delray Beach finds that five percent (5%) of the Local housing distribution is insufficient to adequately administer the SHIP Program. Therefore, the administrative funding shall increase, but shall not exceed ten percent (10%) as allowed by Title 67 of the Florida Administrative Code, and to include the allowable five percent (5%) of Program Income for additional administrative funding under the SHIP Program. Section 5. The Local Housing Assistance Plan, as amended, remains in full force and effect and the Local Housing Assistance Plan previously adopted prior to Resolution 31-04 remains unchanged, unless expressly modified by this resolution. Section 6. That the City of Delray Beach is authorized to submit the amended Local Housing Assistance Plan to the State Housing Finance Corporation for its review and approval. Section 7. That the Mayor is authorized to execute any document and certifications required as a part of the Local Housing Assistance Plan on behalf of the City of Delray Beach. Section 8. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 17th day of January, 2006. MAYOR ATTEST: City Clerk Res. No. 5-06 Agenda Item No.: ~ AGENDA REOUEST Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: January 12,2006 When: January 17,2006 Description of item: Authorization and approval of an amendment to the 2004-2007 Local Housing Assistance Plan (LHAP) under the Renaissance Program. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends acceptance and approval of the amended LHAP Department Head Signature: ~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: @/NO tM Agenda Coordinator Review: Received: Placed on Agenda: of; PM MEMORANDUM TO: David Harden, City Manager FROM: Lula Butler, Community Improvement Director tb THRU: Kendra W. Graham, Community Development Administrator DATE: January 12,2006 SUBJECT: Approval of Resolution #6-06 amending State Housing Initiatives Partnership (SHIP) Hurricane Housing Assistance Plan for Fiscal Years 2005/2006,2006/2007, and 2007/2008 ITEM BEFORE THE COMMISSION City Commission au1horization and approval of and amendment to the City's State Housing Initiatives Partnership (SHIP) Program, Hurricane Housing Assistance Plan for Fiscal Years 2005-2008 by adopting Resolution #6-06 pursuant to Title 67-37 of the Florida Administrative Code. BACKGROUND Florida experienced the destructive impact of four hurricanes in 2004. The hurricanes created both short- term and long-term housing needs for Floridians. To implement the February 2005 recommendations of the Governor's Hurricane Housing Work Group, the Hurricane Housing Recovery program (HHR) was created for the purpose of providing funds to assist 1hose areas of the state with 1he greatest housing damage from the hurricane. The Florida Legislature appropriated one-time hurricane housing recovery funds which are available through the State Housing Initia1ives Partnership (SHIP) program administered by the Florida Housing Finance Corporation (FHFC). The Palm Beach County Housing and Community Development Department received a base allocation of $6,401,838 with $1,000,000 set aside for the City of Delray Beach. Staff has collaborated with the Community Redevelopment Agency and the Delray Beach Housing Authority to develop strategies and to leverage dollars and resources 10 identify projects that will best serve the housing needs of the very low-, low- and modera1e-income households in the City of Delray Beach. The Disaster Relief strategy allows for the payment of insurance deductibles and payment for non-insured repairs. Due to the increasing cost of construction materials staff is recommending that the 2005-2008 Hurricane Housing Assistance Plan be amended to allow for the maximum award for disaster relief assistance to be increased to $15,000. RECOMMENDATION Staff recommends approval of the amended Hurricane Housing Assistance Plan for Fiscal Years 2005/2006,200612007 and 2007/2008 by adoption of Resolution #6-06. ~F RESOLUTION NO. 6-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ADOPTING THE AMENDED HURRICANE HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. WHEREAS, the State of Florida, to implement the February 2005 recommendations of the Governor's Hurricane Housing Work Group, created the Hurricane Housing Recovery (HHR) program and appropriated one-time hurricane housing recovery funds to provide funds to assist those areas of the state with the greatest housing damage from the hurricanes suffered by the State of Florida during 2004; and WHEREAS, this funding was made available to eligible entities through the State Housing Initiatives Partnership (SHIP) Program for households with incomes up to 120 percent of the Area Median Income; and WHEREAS, to receive this funding an eligible county or eligible municipality must submit its Hurricane Housing Assistance Plan to and receive approval from the Florida Housing Finance Corporation; and WHEREAS, the effective period of the hurricane housing assistance plan is three years plus a one year extension may be granted upon approval by the Board of Directors of the Florida Housing Finance Corporation, and WHEREAS, Resolution No. 67-05 adopting the City of Delray Beach's 2005- 2008 Hurricane Housing Assistance Plan was approved by City Commission on September 6, 2005; and WHEREAS, Florida Administrative Code HHR rules require the adoption of a resolution to amend an approved Hurricane Housing Assistance Plan and this resolution shall amend the approved Plan to increase the maximum award limit for disaster relief assistance., NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Resolution 67-05 is hereby amended by adopting this resolution and an amended Hurricane Housing Assistance Plan. Section 2. That the maximum award will be limited to $15,000 for very low, low and moderate-income households for disaster relief assistance, specific to the conditions, strategies and eligibility determination under the guidelines of the HHR Program and this Plan. Section 3. That the Hurricane Housing Assistance Plan, as amended, remains in full force and effect and the Hurricane Housing Assistance Plan adopted per Resolution 67-05 remains unchanged, unless expressly modified by this resolution. Section 4 That the City of Delray Beach is authorized to submit the amended Hurricane Housing Assistance Plan to the State Housing Finance Corporation for its review and approval. Section 5. That the Mayor is authorized to execute any document and certifications required as a part of the Hurticane Housing Assistance Plan on behalf of the City of Delray Beach. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 17th day of January, 2006. MAYOR ATTEST: City Clerk Res. No. 6-06 Agenda Item No.: ~ AGENDA REOUEST Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: January 12, 2006 When: January 17, 2006 Description of item: Authorization and approval of the amended Hurricane Housing Assistance Plan (HHAP) for fiscal years 2005-2008. ORDINANCEIRESOLUTION REQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends acceptance and approval of the HHAP. _~tH~dSi"",,=, ~~. It.-' I City Attorney ReviewlRecommendation (if applicable): ---::.. Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: @/NO 1 tJ14- Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~ SUBJECT: AGENDA ITEM # ~G. - REGULAR MEETING OF JANUARY 17. 2006 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JANUARY 13,2006 Attached is the Report of Appealable Land Use Items for the period January 3, 2006 through January 13, 2006. 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 f1le the report as appropriate. &\City Clerk\agenda merno'\~ 011706 t.. '._ 'F ' ,,,,,," "'~ ..fIIl" ~~r...it"'..-., -", .......... '~ '- ,,-'.. ~ -I L- ' ".'~j"$""'''''''^1.,COm....S~0~..........;o!.~T~'TJy!V:C?''''''>,>c;i':'~;':'''i":'!'>':~' ; TO: DAVID T. HARDEN, CITY MANAGER '7J1~~ MARK MCDONNELL, ASSISTANT DIRECTOR OF PLANNING AND ZONING JASMIN ALLEN, PLANNER rJ t20/lov.-:~ ~~ MEETING OF JANUARY 17ho06 "CONSENT AGENDA" REPORT OF APPEALABLE LAND USE ITEMS JANUARY 3, 2006 THRU JANUARY 13, 2006 THRU: FROM: SUBJECT: I," .. :.i" ' ii""'" '/".''-:::5\:,::::::,.,?,::.,,.}t .,/ , ., ""':'\~0iit;~";:;'''' " ACTlON'~EGiUESTEDi~TtfE;~Oii8MjSSiONi'j'?~~~~: :",:"'~'g"N.,;i!;~1 The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of January 3, 2006 through January 13, 2006. 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. A. Approved (7 to 0), a request for a color change for Abbey Delray South, an existing residential development located on the east side of Homewood Boulevard, south of Linton Boulevard. B. Approved with conditions (7 to 0), a request for a color change for Berkshire by the Sea, located on the west side of North Ocean Boulevard, north of East Atlantic Avenue. C. Approved (7 to 0), a Class I site plan modification associated with the installation of a French door and aluminum railing for Town Square, located on the south side of NE 1st Street, west of NE 6th Avenue. D. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation changes involving existing stucco siding design and a new trim above the front entry- way for Porta-AI Mare, located on the west side of NE 6th Avenue, between NE 1't Street and NE 2nd Street. E. Approved with conditions (7 to 0), a Class II site plan modification associated with landscape and parking lot improvements for New Urban Communities, located at the southwest corner of NE 6th Avenue and NE 4th Street. F. Postponed (7 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a 20,392 sq. ft. auto sales building and a City Commission Documentation Appealable Items Meeting of January 17, 2006 Page 2 35,064 sq. ft. service center for Maroone Chrysler Jeep Dodge, located at the northeast corner of Linton Boulevard and Wallace Drive. The Board requested that the applicant provide a photometric plan, address landscaping and parking comments and provide architectural elevations with labels indicating the type of materials and colors. G. Postponed (7 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a 7,620 sq. ft. commercial space addition (3 new retail/restaurant tenants) at the South Delray Shopping Plaza, located at the northeast corner of South Federal Highway and Lindell Boulevard. The Board requested that the applicant provide a detailed color scheme indicating how Phase 2 of the project will match Phase 1 (i.e. the new retail/restaurant tenants), a photometric plan, readdress the traffic flow and landscaping. H. Approved with conditions (5 to 0, Connor Lynch and Andrew Youngross left the meeting), a Class V site plan landscape plan and architectural elevation plan associated with the construction of a sanctuary building, and administrative building and living quarters for Christ the King Monastery, located south of Sherwood Boulevard, east of Military Trail. 1. Approved (5 to 0, Linda Lake and Michelle Reich absent), a request for a Certificate of Appropriateness associated with the demolition of a shed and construction of a detached garage/guest cottage, swimming pool, fence and landscape plan for 515 North Swinton Avenue. 2. Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of existing structures and construction of a two-story mixed-use project (residential/commercial) and a two story parking facility for Pineapple Grove Ltd. located on the north side of NE 1st Street, between NE 1st Avenue and Pineapple Grove Way (NE 2nd Avenue). The demolition was approved on a 4 to 1 vote (Joann Peart dissented). Concurrently, the Board considered the following variance and waivers: . Denied the variance request to allow the rear building setback to be reduced from 10 feet to 8 feet. . Denied the waiver request to allow the height of walls within the required front or street side yard to exceed the required 6 foot height limit. . Denied the waiver request to eliminate the required screening for walls in the front yard. . Denied the waiver request to eliminate the requirement that walls located in the front yard be setback a minimum of 2 feet. . Approved a waiver request to allow the proposed restaurant and wall to encroach 4 feet and 6 feet respectively within the required 40 foot visibility triangles at the intersections. . Deny the waiver request to allow swimming pools within the front setback area. I ," . ;:::::"::""":;':. i<~\;::'}\T"'/ ,,,. _,,"c' ..CANNING' ~~"Z'I'NGBOAAD" .~~V ..",~..:"........" .....~.,. ..,~....,..'lit"J ,':::';:g;~ : ".,' Z/ ' ,.' :':';::"',1111.: "'.:.:,: :.." "" ";',;:,::::x::ct':k'i~2":;,:L~t4'.~Z,,,':'~;:~o;/;0'd.el;!j~~,:,5:':;':':':':':~::':;~,':"", :,:~::::,::~::,:,:::",,'Fi!!5"" "To''''''''''''''''.; .. '. .. ",C" .....,. "..".,:...:""""),'".,..,;,.:::""",,,;,:::.:.;::::......,.,....,::.;.:.:.:.:.:.::::.....,';.;..,,::..':::'",::':,;A:""""'::::::;:,i:"',,~'''''>''':'':';""""";:;,;":,:,:,;::,:,:,:,:",,,,'ii;;;'::;i,;,,.:::'::;T;""""/;'i"",,,,,,,C::\'?~":':,::L"':~,,i2":::':'"::;,"""''m'~'';:'';':';':::;;;:;:'';';';';;;;;;;;;;;:;;;"::,,;',;,":it;!;;;';,',,:',;,;,;,;;;,;,;;;;::,,,,;,s,~'Y;: 'T:':':':\':0''''''';' _'" No Regular meeting of the Planning and Zoning Board was held during this period. (..,...~..",_... ';~'''' ';'tfc,,_:"';~'" "';"c''ff!' "';";'''''''''''8' "EC'O"~'--'''.o.'''=:=;'''''~;'''''''"O__ ... ............ L. '" ..._.., ...._ .. '....... , " _ o....._...._..=~~ ....... =-.... ....' , ';':;5:!i,~;,;:,~:;,;;:;D::"',j'l;:;;::;;':;:'::i::;:;:'3;~:,::,;;~,;;;:~:;;,:,~:;;I,,,,,::;g,;:,:::,;:;L!:,;::,:;::::;:":,;:;;;;~;:"::::,,::~R;'~,:;,,:,,:,',',,,, ,:,;, ",-, :" ,'" ~ :,:_",,,,,,,,;,.:" ",' ,'!;":':-.::"""",, '" ;,~,=>,:~;,";" 'Jf'!!l!i,},.:;:~,,;:;;g"~i'-1,\'i;:i,;,~~;'::,;;:;:,':,;,;5!, ',",~2'~:o., ""';0::'::,,,,," ,"~, By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - GULF STREAM BLVD. January 17, 2006 L-30CANAL a ~ " ~ ~ w oj a a 00 ~ ~ ~ ~ /!' " :z i " ~ i'i ~ w i1j IE a " IDA ROAD BLVD ~ LAKE G. .. ~ ~ u '" LAKE "".. N . ~ ,. "' ROAD '" g Ii! !i 'l! iii '" ;!; @ " ATLANTIC 0 ~ 606 S.W-2NDST. C ATLANTIC AVENUE ~ I!! ~ ~ ~ 0 .. ~ '" ~ ~ '" ... "' " " Cl ~ ~ '" ~ w e; ... 00 LOWSON BOULEVARD S.w 10TH ST. .... ~ ..... a ~ ~ ~ ~ ,. @ 0 ~ .. '" !;! '" ;! " .... w '" " '" " ~ u g u ..... li ~ '" -..; UNTON BOULEVARD , 0 0", 0 ~ Gcli'4f. ~I\tro \l.oJ>..O ,. /!' "" I "" ~ " ~~ '" ~ '" ;!; '" " 'I' 0 " " ~ '" ~ i ~ :z z Iil 0 '" u L.38 CANAL G-15 CANAL ~ SPRAB A. ABBEY DELRA Y SOUTH B. BERKSHIRE BY THE SEA C. TOWN SQUARE D. PORTA AL MARE E. NEW URBAN COMMUNITIES F. MAROONE CHRYSLER, JEEP AND DODGE G. SOUTH DELRA Y SHOPPING PLAZA H. CHRIST THE KING MONASTERY HPB 1.515 N. SWINTON AVE. 2. PINEAPPLE GROVE L TO. CITYLlMIT$ ONE MILE GRAPHIC SCALE CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2005 ..OIG!TALBASEMAP$VSTEM-- MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERtJiVl AGENDA ITEM # 15 M; - REGULAR MEETING OF JANUARY 17.2006 AWARD OF BIDS AND CONTRACTS TO: SUBJECT: DATE: JANUARY 13,2006 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Don Reid Ford in the amount of $13,635.00 via the Florida Sheriffs Association Bid #04-12-0823 Rollover for the purchase of one (1) 2006 Ford Taurus for the Fire-Safety Division. Funding is available from 001-2317-522- 64.20 (General Fund/Automotive). 2. Approve an emergency purchase order #632741 and award to McCoutt North Tennis in the amount of $25,000.00 for the resurfacing of seven (7) hard coutts at the Delray Beach Tennis Center. Funding is available from 001-4215-575-46.90 (General Fund/Other Repair/Maintenance Costs). 3. Purchase award to Westco Turf Supply, Inc. in the amount of $21,333.00 via the Florida State Contract #515-630-03-1 for the purchase of one (1) Toro Groundsmaster 3505 Fine Cut Rotary Mower for the Parks Maintenance Division. Funding is available from 001-4131-572-64.90 (General Fund/Other Machinery/ Equipment). 4. Purchase award to Pitney Bowes in the amount of $27,286.00 via the Florida State Contract Number 600-760-00-1 for the purchase of one (1) Pitney Bowes Model DM 1000 Digital Postage Machine with a thirty (30) pound scale for City Hall. Funding is available from 334-6112-519-64.90 (General Construction Fund/Other Machinery/Equipment). Recommend approval of the above bids and purchases. & \City Clerl<\ogenda memo\B;d M<mo 011706 [IT' OF DElARY BER[H FIRE-RESCUE DEPARTMENT !,,,! . "<iHlANiJ iJE,^O, DELRAY BEACH ~ All-America City , 1111: MEMORANDUM TO: David T. Harden, City Manager 1993 2001 FROM: Kerry B. Koen, Fire Chief SUBJECT: Purchase of Additional Staff Car DATE: January 10,2006 The Fire-Rescue Department requests approval to purchase one (I) 2006 Ford Taurus through Don Reid Ford of Maitland, Florida by utilizing a competitive bid executed by the Florida Sheriff s Association, Bid #04-12-0823 Rollover. This vehicle is an addition to our fleet and was approved during the budget process along with the Fire Protection Specialist's position in our Fire Safety Division. The funding for this vehicle is available in our account number 001- 2317-522-64-20. The purchase price including identified options is $13,635.00 Attached you will find a copy of the Florida Sheriff s Association Base Bid plus our added options and an Agenda Request for City Commission action on January 17,2006. ~ ;r;,.( Ke:;a.oen Fire Chief CC: Richard Hasko, Environmental Services Director John Tomaszewski, Assistant Fire Chief Kevin Rumell, Fleet Supervisor FIRE-RF~;ClJ!^ !)[PAJ-nMENT HFADOUAF:rTf.:HS. S01 WF~-;T A1! /t,j\J fie /'.v~~~,jlJE. t-lLI HAV [H-~AC1--! FL()RIDA 33444 (''.I:: 2L::) 7l-i.;(' a r-;,X; iih! "1"+1 i 1-1t.'_::,:..:'Cd ,<6\\.1- FA~ FLORIDA \~~{ \( '1\1 n >,-' H COUNTIES np.,F!!lPc, <P.II'Ij....~ "2 9~~~~~ "?....U"" <5:S-0C1t\'\\o All Abc>ul Horid4 FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 2006 FORD TAURUS Specification #05 (~Ininistrative) The Ford Taurus (P53) purchased through this contract comes with all the standard equipment as specilled by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufac- turer by specification by zone. ZONE: BASE PRICE: * Western $12,050.00 * Northern $12,021.00 * Central $11,975.00 * Southern $12,040.00 While the Florida Sheriffs Association. Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identifY and include those equipment items most often requested by participating agencies for full size vehicles. we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate fiexlbility into our program. we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment Items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers. however. those listed here must be honored by the dealers in your zone at the stated prices. * = Specillcatlon Low Bid LEGEND FOR DELETE/ADD OPTIONS Every line w1l1require aDOLLAR VALUE or one of the following abbreviations: Std. '" manufacturer's standard equip. IDcl. '" included with base specs. NC '" no additional charge NA = not applicable to the vehicle = option not bid bv vendor Bid Award Announcement (04-12-0823 ROLLOVER) 91 VEHICLE: Taurus Taurus Taurus Taurus DEALER: OvrIlle Duval Don Reid Don Reid ZONE: * Western * Northern * Central * Southern BASE PRICE: $12.050.00 $12.021.00 $11.975.00 $12.040.00 Order Central & Code Delete Options Western Northern Southern D942 Daytime running lights $ 20.00 $ 25.00 $ 10.00 D552 ABS brakes $ 400.00 NA $ 300.00 Front floor mats Std. $ 10.00 NA Rear floor mats Std. $ 10.00 NA Order Code Add Options Western Northern 56M-99S Engine: 3.0L 4V 6 cyl. $ 3.090.00 992 Engine: Flex Fuel 6 cyl. (must specifY) NC P56 Engine: 3.0 4V 200HP $ 2,960.00 Side air bags $ 390.00 $ 390.00 $ 565.00 585 AM/FM radio with single CD $ 150.00 $ 150.00 $ 150.00 90F Power seats $ 315.00 $ 315.00 $ 315.00 186 Bucket seats NA $ 125.00 $ 125.00 90F Split folding rear seat $ 315.00 $ 315.00 $ 315.00 508 Full size spare tire & rim $ 105.00 NA $ 105.00 Body side moldings Std. Std. Std. Full size wheel covers NA Std. Std. 64M Aluminum wheels $ 420.00 $ 420.00 $ 420.00 ( 3K Third kev) $ 135.00 $ 87.00 $ 95.00 14D Remote keyless entry $ 130.00 $ 130.00 $ 130.00 C-RS Rainshie~dsJ $ 92.00 $ 87.00 $ 100.00 CSP60 Comer S robe Kits - Whelen Kit with 4 $ 420.00 $ 471.00 $ 395.00 clear tubes, 6 outlet CSP 60w power supply, 2-15' cables. 2-30' cables CSP90 Comer Strobe Kits - Whelen Kit with 4 $ 430.00 $ 491.00 $ 450.00 clear tubes. 6 outlet CSP 90w power supply, 2-15' cables. 2-30' cables SPSSJ Corner Strobe Kits - Federal Kit with 4 $ 420.00 $ 489.00 $ 425.00 clear tubes. 6 outlet SPSSJ power supply, 2-15' cables. 2-30' cables RICH Corner Strobe Kits - Federal Kit with 4 $ 430.00 $ 544.00 $ 495.00 clear tubes. 6 outlet RICHOCHET power supply. 2-15' cables. 2-30' cables NEB Comer Strobe Kits - Soundoff Kit with 4 $ 420.00 $ 484.00 $ 450.00 clear tubes. 6 outlet, 60w Nebula power supply, 2-15'. 2-30' cables GEM Corner Strobe Kits - Soundoff Kit with 4 $ 430.00 $ 574.00 $ 500.00 clear tubes, 6 outlet. IIOw Gemini power supply, 2-15'. 2-30' cables DSM Complete set of shop manuals ONLY $ 245.00 $ 325.00 $ 295.00 5/75B 5/75 Manufacturer's Extended Base Care $ 1.215.00 $ 1.215.00 $ 1.215.00 n o deductib e a e 1050 /75E 5/75 Manufacturer's Extended Extra $ 1.465.00 $ 1,465.00 $ 1,465.00 deduct. 5/75P 5/75 Manufacturer's Extended Power $ 1.005.00 $ 1.005.00 $ 1.005.00 Train Warranty ($0 deductible) 92 Bid Award Announcement (04-12-0823 ROLWVERj AGENDA ITEM NUMBER: <i<; \it .\. AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: Tanuary- 17. 2006 Description of agenda item (who, what, where, how much): Approval to purchase one (1) 2006 Ford Taurus for the Fire-Safety Division through Don Reid Ford of Maidand. Florida in the amount of $13.635.00. ~epartment Head \ / ~ ( Signature: ~ ~ 1/ City Artomey Review/Recommendation (if applicable): .7 Budget Director Review (required on all items involving expenditure of funds): Funding Available: Q No Initials: t.hC Account Number 001- '23/7 --52 Z.C,tj- 2u Description Au.i-zJ t'/{ 0 fi V<- .s/7.00 0 Account Balance: f Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: GJ No Initials: Hold Until: r~1 Agenda Coordinator Review: Received: MEMORANDUM 0/\ t11 TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Manager THROUGH: Joseph Safford, Finance Director DATE: January 09, 2006 SUBJECT: DOCUMENTATION - CTTY COMMISSION MEETING JANUARY 17,2006 - APPROVE EMERGENCY AWARD FOR RESURFACING & REPAIRING OF SEVEN (7) HARD COURTS AT THE DELRA Y BEACH TENNIS CENTER Item Before Commission: City Commission is requested to approve award to McCourt North Tennis for resurfacing seven (7) hard courts at the Delray Beach Tennis Center with a three (3) coat color system for the total amount of $25,000. Background: The Delray Beach Tennis Center needs to have seven (7) hard courts resurfaced for the upcoming tennis tournament January 30th thru February 05, 2006. The awarded vendor will pressure clean and/or sand courts to remove mildew prior to resurfacing, repair perimeter of tennis courts, patch cracks, resurface with a three (3) coat color system, re-stripe all playing lines, paint tennis net posts, and re-install existing tennis nets. Bids were submitted from three (3) Contractors as requested by Mr. Dubin, JCD Sports Group, for a two (2) coat system and McCourt North Tennis was low bidder at $16,666. Per recommendation from 1he manufacturer, the scope of services was later changed to a three (3) coat system. Due to the time frame for completing this work, a second quote was submitted by the low bidder and a emergency purchase order was issued to McCourt North Tennis for the to1al of $25,000 for this three (3) coat system. The Assistant City Manager recommended award to the low bidder, McCourt North Tennis for the resurfacing of seven (7) hard courts at the Delray Beach Tennis Center. Recommendation: Staff recommends award to McCourt North Tennis for the resurfacing of seven (7) hard courts at the Delray Beach Tennis Center for the total amount of $25,000. Funding from account code #001-4215-575-46.90. Attachments: PO #632741 Fax Transmittal w/Assistant City Manager's Approval Quotes Received ~\-\.~ 01/06/2006 15:09 DEPARTMENT: DATI:: VENI)OR: ADDI~ESS: PHOI'lE # ACCOUNT #: QUOTES: VENDOR: CONTACT: VENDOR: CONTACT: VENDOR: CONTI~CT: 5612437386 DELRAV BEACH GOLF PAGE 02/17 DELRA Y BEACH TENNIS CENTER PURCHASE ORDER REQUEST FORM BLANKET PO OR REQ # ~ ) It.. 106 . rle-foViC7" NOf::nf IE,J~IS I OS2~ ~U1'1<i Z2'i -w. ~ ~~/- '187- ~73S FED ID " (IF NEW VENDOR) CONTACT ~Oc:.A ~ N. 231nJt. FAX # S" - 0/'&7- 'n II PRODUCT AMOUNT TOTAL h'T s;, I'~t:.\ C ~ 'l'f,....~~'-"l"V~ lI2..l'o"," 001-4215-575- 4(, ~o \oIAJ~ ~ "l p~ TOTAL ......r-l"T"/;>IJ (Last four digits must be filled in) $1000.00-$2999.99 - _ quotes requlrod (verbal, electronic, Or written) $3000.00-$5999.99 - three quotes requlnad <wr1lten only) S6000.DO-S14911U9 -three quotes required (written only) with juslifieation as to why jJ;Oded L "B. ~ 'l1-:...c'V1':<:r- tJC)l!:11f-rGoltJll:!_'2CD/l'1S PRICE: $ I{,,(,.~ ou I I -~)... ne-At.f'I..I"- PHONE # <"{,/~ '1t7-873J 'fi..c.i<:\l>tl (.,ve;-l.JO~!::.I:: I,...~...--z. ~om> PRICE i: '2.?3S C~ 1j..ES_<;:/~ - '2 Co~PHONE# '1flI- 7.r7- t'...("Y.J" FA$'r 1[)1't'V Co ~rJ 'AS: -2~ PRICE -:It 2/ 000 _"F'eA1IIJe.. Hc3~J.i4,.Ja. . PHONE # .$"'-'- <.>~- '13'7.6 -PLACE ORDER WITH VENDOR WHOSE QUOTE IS THE LOWEST APPROVED BY: CHRIS CHANEY BRAHM DU~ xlslwltty\purreq (mllSt .Ign ell ....quHts) I h'/06 ~~~ (must sign all reqU8Sts: OVDr $500) ~. 01/06/2006 15:09 5612437386 DELRAV BEACH GOLF :xn-'lOH:S~ll McCOURT NORTH TENNIS PAGE 03/17 pi McCourt North TeM;s Corporation 10522 SOUth 22Sd1 Lane Boca Raton, FL 33428 I.1cense #2001-13750 Boca Raton: 1561) 487-8735 Fax: 156 11487-8911 JCD Sports Group Attention: eram Dubin 1300 Park of Commerce Oelray Beach Florida .l<Inuary 2, 2006 Suite 272 33445 ~~~~ .~ Project Delray Beach Tennis Center CONTRACT CONDITIONS: Repair and resurfacing of seven (7) tennis eoults 1. McCourt North will pressure clean &/or sand courts to remove mild_ prior to resurfacing and wi. repair perimeter of tennis courts_ McCourt North will also flood court and check for Jow arnas, then will COnllCt as best Dossible those areas where slanding water 001181$ " niokelln death. McCourt North win patch cracks with crack filler lhen sand court to blend the fraolures, prior to reliurfacing. McCourt North win resurface three (3) existing court areas, approximately 70' x 130' and 24O':r 120' and 120 'x 120' per Califomia Ptnrlu=C~ration specifications, using Plexipave Grand Prix materials willl /(fCoat color s 11Im:1n colors of the cuslome~s choice. 1 coat AIISport Finish Coal will filllt be applied to "filln" existing voids in the asphait. This will be followed by the application of 2 coats of Plexipave Gran Prix color to provide uniformity & color depth. Each coat of the system will take roughly 280 gallons (undiluted), for a 10Ia1 of approximately 840 gallons for the complete system. Customer's choice of eolOf'S to be PIU~.~ Blue and LL Green. uS .Of'~ <"R\.ue.~.~ McCourt North will also restrtpe all plaYIng lines, paintt~e exislina tennis net posts, 'eo/mSlall the existina tennis nets. McCourt North is a fully licensed and Insured. "certified" DRUG fREE contractOl', and an official applicator of CallforrJia Products, (certif"Jeates wID be provided upon our I'llc:elpt of fully executed contract.. McCourt Nof1h agrees to provide tools. materials, labor and SUpelVision to complete the above work for a Sum 0~25.000.0ij) McCourt North accepts responsibility only for repairs done by McCourt North. All WOrk to be done on a tmely basis, except for delays caused by the weather Or other conditions beyond McCourt North's control, McCourt North will not be liable for any loss, damage or delitructlon to court premises, except when caused by employeeli of McCourt North. GlaSS, trees, shrubbery. welkways and __ driveWllys fo be exempt from McCourt North'$ /lability. 2. 3. 4. 5. G. 7_ ~~ F ~ DJJJ r- ~ If , JI&C!!..I.!~ \ .. I \ ... . 'l~~1-:' . QUALITY only hurts once!1I "-- page 1 01/06/2006 15:09 5612437386 Jan 02 06 02:23p Frank DELRAY BEACH GOLF VVI~I-U""I I PAGE 04/17 -.- 10, 11. 12. 13- 14. Project: Delray Beach Tennis Center 6. CONDITIONS BINDING CUSTOMER (a) Customer agrees to fumish access to slte for trucks, equipment & materials, (road stabilization to be responslbIllty of customer) and a safe sI.o~ae erea. (b) Customer agrees to provide waler and electricity (within 50' of courtside) for use during aJl phases of oonstruction, 10 remove and replace aD court 'fumilure" and/or accessories and 10 keec residenls and their IJlfrsonaJ Dossessions from work area. (c) Customer shall give all notices and shall secure and pay for all permits unless alhelWise documented in writing. (d) Upon completion of courts, customer a"rues to provide all final grading, landscaping andlor sodding around perimeter to inhibit erosion or washouts. (e) PraDer court maintenance to be the sole resoonsibllitv of the customer. 9. Customer agrees to payment of $25,000.00. A deposit of 50% (S12,500.00)is ~ ~ required orior 10 McCourt North 'scheduling' this project The balance ( $12,5011.00) is DUE UPON COMPLETION. McCourt North guarantees worKmanship and materials against defects fer a period of one year, save normal wear and tear and any structural dl!lmage that may be pre- existing. This guarantee excludes normal wear and tear, abuse or neglect. - inCluding (but not limited to) - acts of God or nature andlor any other condltlorls beyond our control (such as sub-base hsettllngN, structural or shrinkage Cl'lICks. hydrostatic pressure bubbles, intrusion of roots, gl'llll8 or weeds), graffiti, acts of vandalism. dam.ge from roller blades" skateboards. bikes, mainten.nce equipment andlor related fluids and/or ch&micals or other such Implements .ndla. app..atus. Prooer court maintenance to be the sole re5Donsibilitv of customer, PrDDercourt maintenance to be the sole resoonsibllltv Of the customer, Price subject to change if contract is not ecceDled within 30 days.. l.(50P~ril;lI""""" Customer's choice of colors to be Pa,ifl.. '2lr~nd Lt Green. McCourt North shall nullify this guarantee in lhe event the customer fails to fulfill the terms oflhe payment schedule set forth above. QUALITY only hurts ~Il page 2 01/06/2006 15:09 5612437386 ..Ian U"l Ul) U:l::<Jp "ranK DELRAY BEACH GOLF :>t;1-4llI-llYll PAGE 05117 p.:J Project: Delray Beach Ten nis Center WARRANTY & COURT CARE McCourt North guarantees workmansh.ip and materials against defec:l$ for a period of one year, save normal wear and tear and any stl'uctural damage that may be pre-existing. This guarantee excludes nonnal WEr and tear, abusa or neglect," lnc:luding (but not limited to) - act9 of God or nature and/or any other nondlllons beyond our cont.... (sClCh as sub-base -settling", structural or shrinkage clilCks, hydrostatio pressure bubbles, Intrusion of roots, grass or _eds), graffiti, acts of vandalism, damage from roller blades, skateboards, bikes, maintenance equipment and/or relamd fluids andfor chemicals or other such implements and/or apparat..... Prooer court maIntenance is thO sole ,esocnsibility of the customer . Proper baskslball/tennis shoes must be worn on lhese oourts. Some sneekers, street shoes, dark soft soled shoes, skateboards, roller blades, elc. may damage the new court surface. " II is common to notice the eppearance of sudsy bubbles on the playing surface the firsl few times it rain:; after resurfacing; this is due /0 the detergent pigment "carriers" in the paint. You may also become aware of "scuff" marks on the new surface, these are due to the faal that the surfl!lCe is new and contains more sand than the old worn out surface that was refinished. It is better that tenni.'; shOeS 'Wear" than that the s/Jrfac9 be worn away. . McCourt North uses only acrylic surfacing material$ which contain NO asbeslos. Upon completion of the contracted resurfacing work, there may be "highlighting" or "squ9egee shadowing" that is sometimes visible. This is a natural occurrence and these mghlighl marks will blend in ov&r a period of time. This does NOT have any negative effect on the tenniS court or its playabifity. Per manufacturer's recommendations, Ihe maintenance required for a playcourt, tennis court, roller hockey rink, and/or basketbal court surfaced with the Plexlpave Surfacing System Is negfigible. The surface should be pressure cleaned periodically, If mildew is present The life expectancy of this surface system it; two (2) to t/l/'ge (3) ysar.s. Maintenance equipment should neither be operated nor stored on these surfaces since "oils" can eat into the coatings (and preclude proper ""pair) and mowers etc. can tear up the surfaces. Please Nota: A "start date" cannot be schedwed wit/'1gut our receipt or a fu IIy executed (signed and --led") ccntra~ ACCEPTED BY ""?,l.r-lfr.l.M "'T)cJairJ \ ~.....~_ Cust~r McCourt North Te.,nis CorD Print Name & TITLE of ".61 ,." ~ .;> ~g ~""",""""-)I'I$ ~I'lG-=m-.1'!>~ 'TI/J5 DATE SIGNED //(. ~t, ."J)aI:-'l" ~C\\ \ e...",;<~ C~ Your .lQnature aceamlna this ''CDNTRAGr' indicates vour understandinG and comDliance with the TERMS OF PAYMENT.. DUE PER ABOVE PAYMENT SCHEDULE PLEASE RETURN SIGNED ACCEPTANCE BY FAX ANDIOR MAIL _/ICily of Delray se_ 06(1106) QUALITY only hutts once!!! page 3 01/06/2006 15:09 5612437386 DELRAY BEACH GOLF PAGE 06/17 Page 1 of 1 Subj: Dlltll: Fmrn: To Fwd: Plexipave RllSurfaclng 1/41200610:23:17 A.M. Eastern Standard Time PI~iD8vesQ.utb.@.I2!..Q91!! b!lubin@icclsDortsar;oUD.CQ.!JJ Sorry , I dldn' put the rest of your elllllil addr8llS in when I sent It out before RelJ~m-pdl: <Pl8ldpavesouth@aol.com> From: PI811lpavesouthOaol.com F'ull.-name: PlexipaV8S0Uth MeliSDge-lD: <210.109d7df2.30ecOa25@aol.com> Dal,,: Tue, 3 Jlln 2006 12:11 :01 EST SUbject: PlexipllVe Resurfacing To; bdubin@jcd MIME-Version: 1.0 Content-Type: multipart/alternative; boundaryR" X-Mailer: 9.0 Security EdlIlon for \IIIIndows sub 5300 1136308261" Bratlm, Par lour discussion, the proper appDcation of tha Plexlpave system to the existing courts Irt the Delray Tennis Cenller Is the following: . 1 coat Acrylic RllSurfllcer (AR) 2 coats Fortifiad Plexlpave or color base wI PI811lchrome The AR is needed whenev8r you change colon; to ellmil1lrte the misting color from showing thru. Also the courlls are pretty smooth and AR will help grab the new coatings and finally it will give It a uniform look to the COU~I&. We have specs on Ine at WW\I{,RlexIDB1[e..com Thanrks, Don Domino Regional Menager 954 :~ 1-8998 Thursday, lanuary 05, 2006 America Online: BraIunD 01/06/2006 15:09 5612437386 rI<tJ11 ;~L~IDA COU<TWORKS, INC. DELRAV BEACH GOLF PAGE 10/17 F~ NO. :9547576545 Dec. 30 2005 1!l4:53PM P1 , .- ..- .- . (.... ';,,l~:,~- "~if"', \ J . , ""~', ...,J...'........ 0 FLORIDA COURTWORKS, INC ...... .. \..~ 0 0 0 0 0 4400 N.W. 103 Dr. PhlFax 954-757-6545 . 0.:.. If L~",::~:" Y.::" Q,.;.~' o.-mber 30, 2005 lCD Sports Group AtaI.; Mr. Brahm Dubin FIX #: 561-265-2752 PROPOSAL - Delray Beach Tennis Center Resurtllce seven tellJlis c:ourt(l) 1. Contnwtor will first pressure cleanIgrind c:owt(s) to fl!D1ove dirt.and mildew. 2. Contractor will flood COUfl(s), check for depressions and correct .. best .. possible those deeper than the thickness of a nickel. 3. Contractor will pak:b cracks with PleUpavl: crack filler prior to resurfacing. 4. ContractDr will SUftiu:e coutt(s) per CaJifol'llia Products Corp. specifica- tions Ullins Plui.,.ve materials IS follows; two eoat(s) Fortified PJedpaye QOlors: (inside) (outside) S. Contractor will restri~ all playing lines according to UST A specldfications, paint existing net posts and fe-install existing net(s), leaving court(s) ready for play. 6. Contractor agrees to proyide alll1l8terials, tools, labor and supervision to compl_ the above work for the sum o~22.33S.OO:lpayable, in full, immediately upon c:ompletion of work and receipt of invoice. .~ . 01/05/2005 15:09 5512437385 ~ l'l...IIl .rL.,~lLH-l l...Ul../I'(I~S, INC. DELRAV BEACH GOLF FRX NO. :9547576545 PAGE 11/17 Dec. 30 2005 04:53PM 1'2 7. Contractor ~ workmanship and materials against defects for a period oftbree years, save normal we&f and tear, Ac;ts of God, vandalism, and/or . any stJ'lJctural damage that may be pre-llXisting. Contractor cannot guarantee against future or oontillUed root damage due to landscaping that may be lItound perimeter of court OT to damage due to the age of1l1e baselasphalt. Contractor cannot guarantee against damage caused by hydrostatic pressure. ContnlC:tOr is also not responsible for vandalism caused by residents or any others while work is in progress. 8. Proper court ... and mahatenanee to be the Hie reapoaslbinty or the Customer. 9. Work to begin of a date qrc:ed upon by both panies and only after Contrlu:tDr receives a signed copy of the proposal from Customer. 10. ContractOT RhaJl nullify the guarantee in the event the Customer fails 10 fulfill the tenns of payment sdledulc. 11. Comnu:tor is not responsible for damage to property to the eDdent it must be c:mssed to gain accese to site. 12. Electricity and water fOr project to be provided within SO' by Customer. - Aecepted b1 Dale 01/06/2006 15:09 5612437386 DEL RAY BEACH GOLF PAGE 15/17 1400 N.W. 13th Avenue, Pompi1no BG:ach. FL :33069 Tol: (954) 979.3111 Ordor.;: 800.432.2994 Fax: (954) 978-8479 ' ww...r.st.dry.com ==_ December 29, 2005 EXPERIENCE" SERVICE. VALUE ;;'i~~~!~~~~~~~I~O~~f,~~NNIS COURT RESURFACING PROPOSAL ]'AMPA,. STUART. MIAMI. NAr'LF.S .~l"., FOC - The Fast Dry Companies FAST DRY COURTS, INC., hereinafter called "Contractor," offers to resurface seven (7) all \llfreather tennis courts for Delray Beach Tennis Center, 201 West Atlantic Avenue, Delray Br~ach, Florida, tele: 561-243-7360, fax: 561- 243-7362, hereinafter called "Owner," according to the following conditions and specifications: 1. GUARANTEE: The Contractor warrants all work done under this contract against defective materials and workmanship for a period of two (2) years from date of completion. This guarantee excludes normal wear and tear, physical abuse or neglect and any other conditions tH~yond the Contractor's control, such as subbase settling, structural cracks, asphalt shrinkage cracks, hydrostatic pressure or water vapor pressure bubbles, intrusion of weeds or grass, etc. Proper tennis shoes must be worn on court. Some sneakers, street shoes, dark soft soled shoes, skateboards, roller blades, etc. will scuff and damage surface. Guarantee shall become void upon Owner's failure to adhere and comply with the payment schedule outlined brelow. Z" OWNER'S RESPONSIBILITIES: a. Access & Job Conditions: The Owner shall provide, at no cost to Contractor, rElasonable access to the construction site for all of Contractor's personnel and equipment, inlcluding power equipment and trucks; a storage area for materials and tools; a plentiful s,)urce of potable water within 100 feet of the work area; adequate electrical facilities within ~OO feet of the work area. b. Landscaping, Fumiture & Equipment: The Owner shall be responsible for all 1~lndscaping, grass, and shrubs outside the court perimeter to be lower than the court surface to aid in proper water drainage from the court. Owner shall cut away/prune all roots outside O)urt area and shall clean all debris from the court perimeter prior to Contractor's proposed work herein. Any portable court furniture or equipment shall be removed and secured by Clvmer prior to Contractor's commencement. c. Sprinkling Systems: The Owner shall keep all sprinkler systems that may cause water to f111l upon the tennis courts off during the resurfacing work and for a minimum of one day after completion. Any water damage to newly applied coatings shall be repaired at Owner's additional exoense. Watering systems typically will stain or discolor the court surfaces they are allowed to spray. d. Vegetation: The owner shall remove all vegetation from inside fence prior to commencement. 3. QUOTATION: This quotation expires thirty (30) days from date unless otherwise extended or terminated in writing by Contractor. ~E/I4llF.1I ..,,\5 COURT ANQ FAST-DRY CORPORATION ~ FAST-D~ ~ HYPROCOURTOr' FLORJOA me. FFasttoDDI')'IClm>Pt wrti\':lbl AVCrnlc. Pomp'''''' neach, FI"rida 3~" . 7) . FAX (9';4) 97H-S479 . i!'!IIilI'-iJ'Jf-'i'I,\\~ Constructi,on as - ry e'o~1'rts, nc. \ -"Resurfacmg. Supplies Hydro-Ce.urt of Florida, Inc. BUILDERS ASSOCIATION Lighting. Export 01/05/2~05 15:09 5512437385 DELRAV BEACH GOLF PAGE 15/17 <4, MATERIALS: The Contractor shall use acrylic surfacing materials. Upon completion of the mesurfacing work there may be visible traces of "squeegee shadowing"_ This is a natural c.ccurrence and one that will blend in over a period of time. This does not have any negative ~Iffect on the court or its playablity. is:. CONTRACT PRICE AND PAYMENT SCHEDULE: Owner agrees to pay the contract price of $21,000.00 as follows: Fifty percent ($10,500.00) due upon delivery of color materials to site; Balance ($10,500.00) due upon application of playing lines and completion of the work under this contract. All options Shall be billed separately under their own payment schedules. All materials, either installed or stored on site shall remain the property of the Contractor until paid for in full by the Owner. Any past due amounts shall be subject to an interest charge of 1-1/2% per month. The Owner agrees that if he fails to make payments to the Contractor as herein provided, the Contractor shall cease work until such payment is made, and for the remainder of the job the Contractor Shall require payment in advance for all work performed. Any non- compliance with the terms of payment shall void the guarantee herein. 6. SUCCESSORS: The terms and conditions contained herein shall apply to and bind their heirs, successors, executors and administrators of the parties. 1. ATTORNEY'S FEES: In the event the Contractor pursues any of his remedies under the Contractor Lien laws or any other law of the State of Florida because of the Owner's failure to make timely payment, the prevailing party shall be awarded Ililasonable attorney's fees. SPECIFICATIONS 1" WORK STANDARDS: Work shall be done in a thorough Workmanlike manner, and shall conform to standards for tennis court construction as prescribed by the United States Tennis Court and Track Builders Association. All of the following court reconditioning shall take place CI1ly inside the fence line_ 2, COURT PREPARATION: Remove all loose dirt, mildew, oil spots, and foreign matter from CCIUrl area. 3. ACRYLIC TEXTURE COURSE: Furnish and apply two coats of fortified acrylics plus silica sand to provide a tough, durable, textured surface and in-depth color. 4. COURT COLORS: The court color shall be tournament blue inside and green outside or owner's choice. FAST-DRYCORPORATlON -> FAST-DRY COURTS. INC. -> HYDROCOURTOFFLORIDA INC. 1-11)0 N. w. 13th Avenne, Pnl7ll',nO Bench. I'lorid. 33069. (954) 979-111' . FAX (954) 978-847'1 . l-R00-432-2994 01/05/2005 15:09 5512437385 DELRAV BEACH GOLF PAGE 17/17 15;. PLAYING LINES: Accurately locate, mark, and paint two inch wide playing lines in accordance with U.S.T.A. regulations, using white striping paint of a heavy bodied acrylic latex compounded with pigments and mineral filler. 6. ACCESSORIES: Paint existing net posts. Reinstall existing nets and center straps. CLEANUP: Contractor shall be responsible for a thorough and expedient cleanup of all drums, trash, etc., upon completion of the resUlfacing work. UPON ACCEPTANCE and return to us, this proposal becomes our entire contract. ,lI\IC;CEPTED: FAST DRY COURTS, INC. B~~~~d-~ Title S~ Date {J. <... ).....1.)4" ~ Bl' mile Date PAST-DRY CORPORATION .;. FAST.DRY COURTS. INC. ~ HYDROCOURT OF FLORmA INC. 14011 N. W. 13th Avenue, Pompono l3""oh, r'lorida 3.1069. (954) 979-3111 . FAX (954) 978.8479 . !.SOOJB2.2994 AGENDA ITEM NUMBER: <?:t\ .;;).. AGENDA REQUEST Request to be placed on: January 17, 2006 Date: January 09, 2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval of Emergency Purchase Order #632741 to McCourt North Tennis for the resurfacing of seven (7) hard courts at the Delray Beach Tennis Center for the tolal amount of $25.000. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve Emergency Purchase Order #632741 to McCourt North Tennis for the resurfacing of seven (7) hard courts at the Delray Beach Tennis Center for the total amount of $25.000. Funding from account code 001-4215-575-46.90 ~.~~ " \ Determination of Consistency with Comprehensive Plan: Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): -,5 · "..\,I.. Funding available: Yes -J No Funding alternatives: (if applicabie) Account Number: Account Description: Account Balance: City Manager Review: ) Ml;1/\ Approved for agenda:@4 No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Roon~ChaSing Manager 1- THROUGH: Joseph Safford, Finance Director DATE: January 11,2006 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JANUARY 17,2006 - PURCHASE AWARD OF ONE (I) TaRO GROUNDSMASTER MOWER FROM WESTCO TURF SUPPLY VIA FLORlDA STATE CONTRACT Item Before Commission: City Commission is requested to approve award to Westco Turf Supply for the purchase of one (I) Model #30826, Toro Groundsmaster 3505 Fine Cut Rotary Mower with a Sunguard Canopy Top, via the Florida State Contract #515-630-03-1 for the total amount of $21,333 per the attached requisition # 123309 from Parks Maintenance. Background: The Parks and Recreation Departments is in need of an additional mower for the ball fields for mowing of the new Bermuda grass. This Fine Cut Rotary Mower Model #30826 is available from Westco Turf Supply via the Florida State Contract #515-630-03-1 at $30,083, minus the Florida State Contract discount of $6,317.43 and a Toro Promotional Discount of $2,707.57 for the grand total $21,058 and then an additional $275 for a Sunguard Canopy Top to be added for the grand total price of$2l,333. The purchase order is to be issued to Westco Turf Supply with shipment and service to be provided from Hector Turf who is the local vendor in South Florida Area and has agreed to extend the Florida State Contract pricing to 1he City of Delray Beach as shown on the attached memo and quotation dated January 10,2006. A copy of the pricing schedule from the Florida State Contract #515-630-03-1 showing the awarded contractors with the percent discount and instructions for ordering from the local authorized servicing dealer is attached. Recommendation: Purchasing staff recommends approval for award 10 Westco Turf Supply Inc. for the purchase of one (I) Model #30826, Toro Groundsmaster 3505 Fine Cut Rotary Mower via the Florida State Contract #515-630-03-1 for the total of $21,333 after discounts from the Florida State Contract and Toro Promotional Discount and addition of $275 for a Sunguard Canopy Top. The purchase order is to be issued to Westco Turf Supply Inc. with shipment and service from the local vendor, Hector Turf. Funding from account code 001-4131-572-64.90. Attachments 1S\\ .3 01/10/200~ TOE 10:37 FAX . . Ii!J 001/002 ----_.__.._.._..._.~-_._--_...-.-._.._-_._,_.__.._._---"-~--"'-."-"--''''-- 1301 N.W. THIRD STREET / DEERFIELD BEACH. Fl. 33442 TEL: (954) 429-3200. FAX: (954) 360.7657 January 10, 2006 Ms. Jackie Rooney City of Delray Beach Purchasing Department 434 South Swinton Avenue Delray Beach, FL 33444 Fax # 561-243-7166 Dear Ms. Rooney: We are pleased to offer the enclosed quotation for your consideration. The enclosed quotation is based upon your acceptance within thirty (30) days from the date of this letter and is subject to manufacturer's availability and Florida State Sales Tax (if applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net 30 Days. Thank you for the opportunity to provide you a quotation. If you have any questions or require additional information, please contact me at (954) 429-3200, Extension 310. We appreciate your interest and look forward to doing business with you. Sincerely, HECTOR TURF ( I, ~l' ) ~ct^vc0;j li4C Chris Fordney Account Representative Government and Municipals CF:jac Enclosure 01/10/2006 TOE 10:37 FAX , IilI 002/002 1301 N,W. THIRD STREET I DEERFIELD BEACH. FL 33442 TEL: (954) 420.3200 . FAX: (954) 360.7657 Quotation Provided fOI' City of Delray Beach January 10,2006 Otv. Model # Descriotion Unit Price lea 30826 Toro Groundsmaster 3505 Fine Cut $30,083.00 Rotary Mower with: - 35 HP Diesel Engine - T1u'ee individual Cutting Decks - 72" Cutting: Width Less Florida State Contract Discount (6317.43) Subtotal $23 765.57 Toro Promotional Discount (2.707.57) TOTAL $21.058.00 lea SG-UN-TR SunQ"llard Canonv Ton 275.00 GRAND TOTAL $21 333.00 Pricing per Florida State Contract # 515-630-03-1 Effective 6/9/03 5/20/06 Note: Issue purchase order to Wesco Turf Supply, Inc. Shi ment and service via Hector Turf Provided by: Chris Fordney (954) 429-3200 (2f "7. ) (, ~ AGENDA ITEM NUMBER: ~ .3 AGENDA REQUEST Request to be placed on: January 17, 2006 Date: January 12, 2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval of award to Westco Turf Supply Inc. for the purchase of one (1) Toro Groundsmaster 3505 Fine Cut Rotary Mower via the Fiorida State Contract #515-630-03-1 for lhe Parks Maintenance Division for a total of $21 ,333. This total price includes discounts from the Florida State Contract and a Toro Promotional discount. Total price includes an addition of $275 for a Sunguard Canopy Top. The purchase order is to be issued Westco Turf Supply Inc. with shipment and service to be provided from Hector Turf who is the local vendor in South Florida Area and has agreed to extend the Florida State Contracting pricing to the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award to Westco Turf Supply Inc. for the purchase of one (1) Taro Groundsmaster 3505 Fine Cut Rotary Mower via the Florida State Contract #515-630-03-1 for Parks Maintenance Division for a total of $21.333. Purchase order to be issued to Westco Turf Supply Inc. and shipment and service to be provided from local vendor Hector Turf. Funding from account code 001-4131-572-64.90 Department Head Signature: ::'):~~ '- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes a/.5:5 No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: e- tflJ\ No Hold Until: &~ [ITY DF DELIAY BEA[H DElRAY BEACH ~ AII.America City , , II J! 1;)<.; NV\I. 1st Ava-JUt_ DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM 1993 TO: 2001 David T. Harden City Manager FROM: f# Robert A. Barcinski Assistant City Manager DATE: January 11,2006 SUBJECT: Al!enda Item City Commission Meetinl! Januarv 17. 2006 Approval Purchase Award Pitnev Bowes Model DMI000 Postal!e Machine ACTION City Commission is requested to approve the purchase of a Pitney Bowes Model DMIOOO Digital Postage Machine with a thirty (30 lb.) scale in the amount of $27,286 through Florida State Contract Number 600-760-00-1. Funding is available in account number 334-6112-519-64.90. BACKGROUND Our existing Pitney Bowes postage machine is approximately ten (10) years old. We have been informed by the Company that due to the age of this machine they can no longer provide parts or maintenance support. In addition the United States Postal Service is in the process of decertifYing our existing machine. This machine was selected due to its capacity, speed and accounting features. We currently process approximately 9,000 pieces of mail per month valued at approximately $10,000. Attached is a brochure for this equipment as well as other support letters. This machine is currently being used by West Palm Beach, Lake Worth, and Boynton Beach. We reviewed the deferred payment and lease options and feel that the purchase option was the best option economically. Annual maintenance support costs are budgeted in the Administrative Services budget. RECOMMENDATION Staff recommends approval of the purchase of the Pitney Bowes model DMlOOO digital postage machine with the 30lb. scale in the amount of $27,286 under Florida State Contract Number 600- 760-00-1 with funding to come from account 334-6112-519-64.90. File:u:sweeney/agenda Doc: Pitney Bowes Postage Machine @ Printed on rlecyclcd F'aper THE EFFORT ALWAYS MATTERS ~.\f- Mail Processing Equipment / State Term Contracts / State Contracts, Agreements and Pri... Page I of2 Rate this Contract View Survey Results Contract Name: Mail Processing Equipment Contract Number: 600-760-00-1 Effective Dates: 02/21/2000 through 02/20/2006 When issuing a purchase order use commodity class: 600 and commodity group: 760. _._.,___.".,_'_..'N.____.._.."'~__.,,_...._,_,,.__~.~.,_~~-,-~-.-.__..--".__.-"'-._-.> Price Sheets Award Index Hasler. Inc. (msword - 149.50 kB) Hasler. Inc.-Modular Mailina Systems Francotvo-Postalia (pdf - 14.51 kB) American Business Systems PitneY Bowes Contractors Hasler. Inc. / Modular Mailing Systems Francotyp - postalia Inc. American Business Systems PitneY BQwes Credit Corooration (PBCC) PitneY Bowes Corporation Amendments Complete Contract Microsoft Word (msword - 907.50 kB) PDF (pdf - 1.73 MB) MyFloridaMarketPlace Users For further information please contact a contract administrator: Contract Administrator: Barbara Carter Telephone: 850-487-6592 Email: Barb.Carter(Cildms.myflorida.com http://dms.myflorida. com/dms/layout/set/print/content/view/full/80 18 1/11/2006 MYDELRA YBEACH. COM City of Delray Beach Administrative Services Memorandum TO: Robert A. Barcinski, Assistant City Manager FROM: # Tracey A. Sweeney, Executive Assistant SUBJECT: Replacement of Postage Machine for City ofDelray Beach DATE: December 7, 2005 Effective January I, 2006 the United States Postal Service is decertifying the current postage machine owned and operated by the City of Delray Beach. Pitney Bowes will no longer service or issue a maintenance agreement on this equipment. Other municipalities in the area have purchased or are in the process of purchasing digitally approved postal equipment. I am recommending the City of Delray Beach purchase a Pitney Bowes Solutions DMIOOO Digital Mail Machine with a 30 lb. scale, per Florida State Contract Number 600-760-00-1 dated February 2005 thru February 2006. The new proposed options would replace the existing Pitney Bowes meter rental and equipment payments for the Paragon of $4,141.59 or $345.12 monthly. The purchase price for the DMlOOO Digital Mail Machine is ~2i,280 The annual maintenance cost (EMA) is $1,828 (estimate 4%-6% increase annually). Quarterly meter rental is $240. There will be no additional charges for the deferred payment plan. Pitney Bowes have also offered a deferred payment plan (quarterly payments): . I st Quarter _ $240 (includes meter rental) . 2nd Quarter - $697 (includes meter rental & EMA) . 3rd Quarter _ $3,425.60 (includes meter rental, EMA, and 10% of equipment) . 4th Quarter - $3,425.60 (includes meter rental, EMA, and 10% of equipment) . 5th Quarter - $22,525.80 (includes meter rental, EMA, and 80% of equipment) /tas File:u:sweeney/sweeney Doc: Replace Postage Machine . Pitney Bowes November 17, 2005 Tracey Sweeney City of Delray Beach 100NW I Avenue Delray Beach, FL 33444 The recommended Pitney Bowes solutions include the DMI 000 Digital Mail Machines with a 30 lb. scale for the office. The new proposed options would replace the existing Pitney Bowes meter rental and equipment payments for the Paragon of$4,141.59 annually or $345.12 monthly. PROPOSED MAILING SOLUTION DMlOOO Mailing System - WOW wi 100 Dept Accounting Package Intellink Subscription wi Postage by Phone PLUS 30 lb. Platform Scale Console Drop Stacker IE05 Laser Printer for Reports .INVESTMENT - Purchase Ootion $27,286 Annual Maintenance (EMA) - $1,828 (estimate 4%-6% increase annually) Quarterly Meter Rental - $240 Deferred Payment Plan - (Payment bv Ouarter) 1'1 Quarter _ $240 (includes meter rental) 2nd Quarter - $697 (includes meter rental & EMA) 3cd Quarter _ $3,425.60 (includes meter rental, EMA, and 10% of equipment) 4th Quarter - $3,425.60 (includes meter rental, EMA, and 10% of equipment) 5th Quarter - $22,525.80 (includes meter rental, EMA, and 80% of equipment) .This option includes the equipment installation, all rate changes, and training. System pricing is valid through November 30, 2005. Respectfully, C])enise'M. 'l(oslio{{ef... Field Sales Manager Pitney Bowes DM 1 000'" Specifications ............................................................................................................................................................................ Envelope and Card Sizes Dimensions . Size: Length: 77"w/drop stacker, 87" w/power stacker. Width: 24". Height: 19" . Weight: 137 lbs. Electrical . Operates on 100 - 240 VAC. 50/60 Hz. 6.5 amps max. plus 3.0 amps max. accessory outlet. . UL listed . ENERGY STAR" Compliant Speed . DM 1000 Up to 260/lpm (WOW'" oft) Up to 130/lpm (WOW'" on) Standard Operating Features . Auto-Dating . Multiple Tapes (1-50) . Low Fund Alert . High Value Protection . Original Value Resetting . Sealant Level Indicator . Seal Only And No Seal Modes . Low Ink Alert . Minimum: 3 1/2" x 5" postcard size . Maximum: 13" x 15" without wowrn, 13"x 13" with WOW'" . Thickness: 3/4" max. to .007" min. . Envelope Flap Depth for sealing - Flaps open: Minimum .75", Maximum 4" _ Flaps closed: Minimum .75", Maximum 2.75" Connectivity Requirements . Connects to a standard analog phone line. . Supplied installation kit includes phone line splitter and six foot phone cord. . IntelliLink"" Control Center easily detaches to simplify connections. ......................................................................................................................................................... . Password Security . Standard Envelope Advertisements (8) . Standard Postal Inscriptions (10) . Maximum Thickness Warning . WOW~ Weigh-On-The-Way . Mixed Size, Thickness And Weight Feeding . Opened, C:losed And Sealed Envelope Feeding We Guarantee Your Satisfaction ............................................................................................................................................................................................................................................................................... At Pitney Bowes, we are committed to providing our customers with the finest products backed by the highest quality service, and we won't be satisfied until you are satisfied. Ask your sales representative for more information about our Customer Satisfaction Guarantee. Our Service Professionals Are Ready When You Need Them If you need service, our nationwide network of 1500 trained Pitney Bowes service professionals is ready to help. Our Computer Enhanced Service Management System lets us record your request, instantly call up a complete history of the equipment, and quickly dispatch a local Customer Service Representative with the right skills. @ All lS09OO1 HqlslemlFIrm fMl:z616 ~ ...-......... (S) 2002 Pitney Bowes Inc. An Equal Opportunity Employer. System pictured above shows the optional Console and Power Stacker. These features help to maximize productivity. . Pitney Bowes Engineering the flow of communication'" Printed In U.S.A. AD 11528 R0703 World Headquarters Stamford, CT 06926-0700 For more information call: 1-800-MR BOWES 1-800-672-6937 Ask for Program Number 8500 www.pitneybowes.com AGENDA ITEM NUMBER: ()\\ ~ AGENDA REQUEST Request to be placed on: Date: X Regular Agenda _ Special Agenda _ Workshop Agenda When: January 17, 2006 Description of agenda item: City Commission is requested to approve the purchase of a Pitney Bowes Model DM1000 Digital Postage Machine with a thirty (30 lb.) scale in the amount of $27,286 through Florida State Contract Number 600-760-00-1. Funding is available in account number 334-6112-519-64.90. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Staff recommends consideration of approval of the purchase of the Pitney Bowes Model DM 1 000 digital postage machine with the 30 lb. scale. ~~ 1(/l/oft:, Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (req~ on all items involving expenditure of funds): Funding available: ~ ;)-t. No Funding alternatives: (if applicable) Account Number: 33L['- &//z-t:::19. ~L(~9D Account Description: um.r Y1 (t CifliYU.yl..j J ~()...ip Account Balance: ~ Z. 7, 2S~ t,D (fraJ'18,U V- City Manager Review: Approved for agenda: &- ti1l1, No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # '~(iUvcjJ~ l,l( mv1 RECEIVED r -- . I:\.N '3 2006 c~rY MANAGEri JMS DEVELOPMENT III S.E. I ST Avenue Boca Raton, Florida 33432 January 13, 2006 Via Hand Deliverv Mayor Jeff Perlman City of Delray Beach 100 N.W 1st Avenue Delray Beach, Florida 33444 Dear Mayor Perlman: This is to inform you that I am hereby requesting on behalf of JMS Vero Beach, LLC, that the matter of CONDITIONAL USE REQUEST/ATLANTIC PLAZA be postponed until such time as the City is able to study and consider additional revisions to the plans originally proposed by my development company. Considering the testimony we have heard at the meeting of December 6, 2005, we believe that a responsible approach would be to embrace your suggestion that the Treasure Coast Regional Planning Council review this item and that we consider their suggestions. May we suggest to you that you authorize us to speak further with your Planning Director, Mr. Paul Dorling, in order to establish a time period in which this could be achieved. / We look forward to a cooperative effort between all involved to promote the best plan for the City as a whole. ~? Very truly yours, ./ ~//.//. ./'/~ .~/~. ,---- Steve. Michael Managing Member O:\MICS003\Letter to Mayor JetTPerlmanJanuary 12.doc C\f\ IrI'F~~!'" .j;,:"':':::i;'~';',~"'E":::,,:',:,,,,, ,;:(/{;:,;,:,',,-,\.::'1)'.:::_:.:.:.,:"::; ~ .....'f1;~T~ftC"trl\f..-S'f~~01:fU N'E;N~~~;"?~~ "'~~'c7~~~11 ;~fr<:j:~::':j: TO: DAVID T. HARDEN, CITY MANAGER PAUL DORLlNG, DIRECTOR OF PLANNIN~!AND.~NINGAA ..A...'7#~ f- SCOTT D. PAPE, SENIOR PLANNER /~-Pr-- MEETING OF JANUARY 17, 2006 CONSIDERATION OF A CONDITIONAL USE REQUEST TO INCREASE THE BUILDING HEIGHT TO A MAXIMUM OF 60' AND TO ALLOW A DENSITY INCREASE ABOVE 30 DWELLING UNITS PER ACRE FOR ATLANTIC PLAZA. A PROPOSED MIXED USE DEVELOPMENT LOCATED AT THE INTERSECTION OF NE 7TH AVENUE AND ATLANTIC AVENUE. THRU: FROM: SUBJECT: If"':':l'''c'~, ';~ACKGROJJNQLPRO)Jc.E(a,D IiSCRIPIloN "~'~,""i 'r'r11 At its meeting of December 6, 2005, the City Commission considered the conditional use requests for an increase in building height up to 60'-0" and also an increase in density to 47 units per acre for the Atlantic Plaza project. The project consisted of the demolition of the existing structures and construction of four (4) five-story mixed-use buildings with 57,137 square feet of retail floor area; 44,204 square feet of office area; 8,811 square feet of restaurant area; and, 306 residential dwelling units. The City Commission postponed the application in order to provide the applicant the opportunity to reconsider the massing of the project along Veteran's Park. The applicant has submitted revised plans to address the City Commission's concerns. The changes include the elimination of the fifth floor of buildings I, II, and IV. Building III has provided a setback of between 5-feet and 10-feet for the first two stories along Veterans Park. The step back of the third floor of building III has been increased from 5-feet and 10-feet to 17- feet from the eastern property line. The step back of the fourth floor of building III has been increased from 28' to 32' along the east side of the development. The fifth floor of building III has been revised to increase the step back from 28' to 81' 8" along the east side. It is noted the design guidelines allow a zero foot setback for all five floors along Veterans Park. The revised development proposal reduces the total number of dwelling units from 306 to 239 dwelling units. This reduction results in a density of 36.71 dwelling units acre, down from 47 dwelling units per acre. The mix of commercial uses is not affected by the proposed changes and remains at 57,137 square feet of retail; 44,204 square feet of office; and, 8,811 square feet of restaurant. The proposed revision also reduces the total number parking spaces from 795 to 716. Additional background and analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. The City has received numerous letters of support and opposition for the project, which were previously transmitted to the City Commission. Any additional letters received since the initial December 6, 2005 conditional use request will be presented at the City Commission hearing. [l""'W.",C," "","'F:''';IIf~N' "r.ti~:'~~"''"':~N'' "f~' 'B".Ai-,.' .i'F""'''',:_.ft'....'R. ''''T'rco' . 'N' ;"~'~:"'I] ,::,;:{tS!iYi'i::::'W.E;i:5E}~:;:::5t;~";",:",i::'.:",,::,:,,,i>,:::i:~~~f.rff!!jLi1;'!~f::,;;;:,;:";:,,,,'IE%t~'+,,";,,;~:,:"::",,::::i::',,,,::':E;;i)':.';,<o':',':':':':ij::("""":':,:,',,:,':,;,,,~i':~:i::::~:::~~~ti,:~::'::~~~i~T:"",:,i'i':~J:i":E:::,+>"'",iK"i:"",,i~~~:,;",,_.fffiJjjjf}it\; At its meeting of October 17, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There were several persons that expressed concerns to the proposed increase in height and density. After discussing the proposal, the Board voted 4-2 (Eliopoulos and Zack dissenting and Borchardt absent) to recommend approval of the height and density increases and recommended approval of the waivers for Atlantic Plaza based on qf\ City Commission Documentation Meeting of January 17, 2006 Atlantic Plaza Conditional Use Page 2 positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(E)(5)(Conditional Use Findings), LDR Section 4.3.4(J)(4)(b), 4.4.13(1)[Performance Standards], and the policies of the Comprehensive Plan, subject to the 38 conditions of approval outlined in the attached Planning and Zoning staff report of October 17, 2005, and the following additional conditions of approval: 1. That the existing Ficus tree along the south side of the property is saved and relocated or that additional replacement vegetation is provided in accordance with direction by the City Horticulturalist. 2. That the applicant provides traffic calming measures at the intersection of NE 7th Avenue and NE 1st Street. It is noted that the Ficus tree was destroyed during hurricane Wilma. Therefore, the applicant would only be responsible for providing substantial replacement vegetation if this condition is upheld. Ir"""""" , :""",',:';5,.:."..,.,...:",.:.,,:,':::" ',':.'::,c::':::::,':::::::::.','::,','::::.," ": '" <:"';I!1l:::,:,;,6~:RE:qcq liofME"N:D'Alr;~iO~N":",jC~Ci'~"50,'c~~, ~c:,':""~l ,,'!lf~?/~j Approve the conditional use request to allow for a building height in excess of 48' (60' proposed), density increase to 36.71 dwelling units per acre for Atlantic Plaza, 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), 4.3.4(J)(4)(b), 4.4.13(1)[Performance Standards] and Chapter 3 of the Land Development Regulations, subject to the conditions contained in the staff report, and the following additional conditions of approval: 1. That additional replacement vegetation for the Ficus tree is provided in accordance with direction by the City Horticulturalist. 2. That the applicant provides traffic calming measures at the intersection of NE 7th Avenue and NE 1st Street. Attachments: . Revised Conceptual Plans . Planning and Zoning Staff Report and Documentation of October 17, 2005 I I 1 < e E9~ !" ~ ;;; 1" l ,. ,z I .________~ ------fli.,1iI2!H.~~~---- - --'-r--..-.------ , , , , , , , ~ , , , , i~ ii, t '.. ~ i " I' ~ I I ~ -I .~ 1 ~ i I i , I i I .-:. i ~" "'. ~I~ ., Ij !~rn 1Q9"IY , , , ! ! .' !:: o o "VeTERANS PARK" I I .1, I I I. l 5 ~ ..1 I I I I I I I i! . ;' i I h -I 'j; oj If I! i!!!l! I I 'Ii Hi' l -j. ~! ~ I I ' 0' , i ; , . , ' I ' , "~'I ~~ ~ ~~w II \1l!:l1:~~ ! V ; ~~i~ Iii! " , , '1',11 ~o -c '1"1,1 ",11>. .lIrl ~.ro OQN ::J .. ili 'I ~ L~ , ,- "1 -'I ij .. 'I iii"iiW' L "I ij if ij ~1f1c ~iW: 'mi. !il~ . ibl! : ATLANTIC PLAZA PROJECT DElRAY BEACH, FLORIDA E9 ..- --. - --._-- E9 ,~ 'S; ; Ii" ; ;g .~ ; ~ b ,z ,z ,,, -~ ';' ,,, ';' i B: " '" '" !~ 0 0 ~ l"l 0 ~ 0 ~ I ~ I i i ~ ~ I > ~ I~ z u . 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"! ;,.:- ~."":,',! i. tf'-----+ I/~ D _m'~" I' I ~J, _,., !,_,_"II..,_,_,~ ,_i...~~"I_ _,i.U,_,_,_,...J,_,_r~i.., '_'_1_'_'_ ....--., \~: ;! I .-j .. ! -I " r-::l : ~I .I '((, .~ qj ~ i (3 Z o 5 o " ~ Z ~ o S :I: ~ ~ -r---------- --{oJ ! ! ! ! ; i ! ~----- --.----c..;) , ! ! ! 1 ! CU;-~ lIjlil!hl'l;lil;I"liii' ~ I,I~. i,1 Ii ~ ..1.1 1 dill' il '111!ii:II','ll1 "I"" -" :11 B ;:'1" 1l;lnh I ~ :1 j.~ii IE ~ i ; .-. Illl..,.li ,il II,,' " r jl ! I i~ ~ r , .'1' '''I ml iil!; _;11 ht~ , I' '\'11 ',11'1' . ,~ u~ . .li! ~o -0 (1)(1). !a.ro ""N ::l 5th AVENUE AT DELRAY ~ n o ~ DELRAY BEACH, FLORIDA 33483 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: AGENDA ITEM: ITEM: October 17, 2005 IV. B. Conditional Use Requests to Allow a Mixed-Use Building Having a Height in Excess of 48' (60'-0" is Proposed) and to Allow a Density in Excess of 30 Units Per Acre (47 du/ac is Proposed) within the Central Business District (CBD), for The Atlantic Plaza Development (Quasi-Judicial Hearing). GENERAL DATA: Owner................................. COR Atlantic Plaza, LTD/Atlantic Center, L TO/CDS International Holdings, Inc. Agen!............................... Weiner & Aronson, P.A.lPerez Design, Inc. Applican!........................... JMS Vero Beach, LLC Location................................ Intersection of NE th Avenue and Atlantic Avenue Property Size......................... 6.51 Acres Current FLUM Designation.... Commercial Core (CC) Current Zoning................... Central Business District (CBD) Adjacent Zoning..... North: Multiple Family Residential (RM) South: Central Business District (CBD) East: Community Facilities (CF) West: CBD Existing Land Use................. Retail and Office Center Proposed Land Use.............. Mixed-Use (Residential, Retail and Office) Water Service....................... Water service available via service lateral connections: 1) an existing 12" water main within the adjacent NE 7th Avenue right-at-way; 2) an existing 8" water main within Atlantic Avenue right-at-way; 3) an existing 8" water main within northern part at the adjacent NE 1st Street right-at-way; and 4) an existing 6" water main within the alley right-at-way Iwest at NE 7th Avenue. Sewer Service....................... Sewer service available via service lateral connections: 1) existing 10" sanitary sewer main within the Atlantic Avenue right-of-way; 2) existing 10" sanitary sewer main which cut. across the site from north to south along the east side of Veteran's Park; 3) existing 8" sanitary sewer main within NE 1 st Street right-of-way; 4) existing 8" sanitary sewer main within NE 7th Avenue right.of-way; andS existing 8" sanitary sewer main within the allel right-of-way located west of NE 7th Avenue. - - - 1--1 1--1 -- I--- --jl- 1-----1~ .... JRD 1 T ~ < ~~ I-- "~I-- ~I-- ~ w ~ c--- 1- ~ f-- - ~ .-3~>-- ~ '< , ~ -.. ~ j N.E. a::rmD _ .' -. iII!lF'I'- . "1mB .- . ~18-= i - =lrirz :c N.E ~- ~ ". ---.J <( 5 0:: W f- .... <( ----.j \L 5 - =1 "- VETERANS PARK , d~ c--- z ~ >' " m~ (]] A H fr:D ~f IlIII!I ~,~ _:-~ =- ~~~ -. ~ S.E 1ST -sT:" == L..-...I--.J,. ~ IITIIITf v E N U E ~" ::0-- ~~ === ==~ I--- w ui -' <( f- Vi <( 0 () ~ <( 0:: f- Z N I IV.B. :"': . "'0 ,--- " ." J::;' ," :::.-: - ,~., -"iIJ' ::" :.. l . : " ", , .d K,:"""'!..' ;;)~,::,"i~l"'~ '" ~l "-..,, __ '" ~..=-_ =""~ """"_~__"~...o;;"~~,,,,,.~~. -....-.~ The action before the Board is making a recommendation to the City Commission on the following requests for conditional use approval, pursuant to Land Development Regulations (LDR) Section 2.4.5(E): o To allow an increase to a maximum height of 60' (60'-0" proposed) [LDR Section 4.3.4(J) (4) (b)]; and o To allow a density exceeding 30 dwelling units per acre (47 du/ac proposed) in the Central Business District (CBD) [LDR Section 4.4.13(D) (15)]. The requests are in conjunction with Atlantic Plaza, a proposed mixed-use development, located at the intersection of NE 7th Avenue and Atlantic Avenue (approximately 6.51 acres). '" _, - ~ \}~'.:.."'J"', L, '~li '~)'" .~ c" ;l::';"'<(' '"..II" ~ . _ __ ..: ,~,,"~~->1__ _ ~ _""~.;::.::.!.,, S,1t_~",:"- ~.:t~~""",,:~~:~~}~~bA:,Y'~'" ~~ ___~l~, ~~..i Atlantic Plaza is a retail and office center located in the Central Business District (approximately 6.51 acres). The site plan for the project was approved in 1984 with a total building area of 80,000 square feet. A non-impacting site plan modification was approved in 1986, reducing the total building area to 78,248 square feet. A total of 261 parking spaces were required for the approved building area. Since only 206 spaces were provided on site, the developer entered into an agreement with the City on January 3, 1986 to either provide the remaining required spaces in an off-site parking in an off-site parking lot, or pay in-lieu fees for the 56 space deficit. On August 26, 1986, the Planning and Zoning Board approved a conditional use request for an off-site parking lot at the northeast corner of NE 1st Street and NE 7th Avenue. The 62 space lot was constructed in 1992. In 1986, an amendment to the CBD zoning regulations was approved to allow dry cleaners limited to a maximum 1,500 square feet as a permitted use. In 1988 Gulf Stream Cleaners requested an amendment to increase this limit to 2,500 square feet. On November 21, 1988, the Planning and Zoning Board approved a "Determination of Similarity of Use" to allow dry cleaners (customer pick up only) with no limit on building area in the CBD. On August 31, 1998, a Class III site plan modification request was submitted to once again expand the existing dry cleaners. During its meeting of October 21, 1998, the Site Plan Review and Appearance Board (SPRAB) approved a site plan, landscape plan, and architectural elevations associated with a 1,200 sq.ft. addition to Gulfstream Cleaners. A conditional use application has been submitted for an increase in building height up to 60'-0" and also an increase in density to 47 units per acre. The requests are in conjunction with Atlantic Plaza, a proposed mixed-use development located at the Planning and Zoning Board Staff R. " 10/17/05 Atlantic Plaza - Conditional Use Request Page 2 intersection of NE 7th Avenue and Atlantic Avenue (approximately 6.51 acres). This conditional use application is now before the Board for consideration. The development proposal incorporates the following: o Construction of four (4) five-story mixed-use building with 57,137 square feet of retail floor area, 44,204 square feet of office area, and 8,811 square feet of restaurant area; a 795 space parking garage distributed among the 4 buildings, on the basement, first, second floor and third floors; and 306 residential dwelling units on the second, third, fourth and fifth levels, comprised of 17 efficiency, 152 one bedroom units, 104 two-bedroom units, 31 three-bedroom units and 2 four-bedroom units. o Installation of swimming pool, gazebo area, recreational-deck, and club house, located on the fourth floor of Buildings #3; o Installation of five loading areas, three located on the east side of the alley and the other two on the rear of building #4; o Installation of forty-four (44) public parallel parking spaces; ten (10) public parking spaces within the south side of NE 1st Street right-of-way, nineteen (19) public parking spaces within the east side and west side of NE 7th Avenue right-of-way, and fifteen (15) parking spaces within the NE 6th Avenue right-of- way; o Installation sidewalks, walkways, and associated landscaping. - :;"" - . - /. 7,I~i ,- ._1 '"_ ,"-" " -,;c;. . .-"'~ ~ :; ~..~.;...:~'Jt.:["/I ;H()i'~f,\jt:.cii;;..;~,;<:;~ .::1~i~~t.. ,1~t . _ ,~v"..'--,. -:.~'"<< ~; ....__ _ .............~~~'"""""'.,""'~ ^,___",,=_~,_~___~~_'_.r..-.::::...:.~'_""~_ '-"""~_ .....:r:::.....=.__~~"..,_,";li~~~......:...... REQUIRED FINDINGS (Chapter 3): Pursuant to LOR 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 Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LOR's as noted below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBO, which are consistent with one another. Pursuant to LOR Section 4.4.13(0)(15), rnultiple-family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density Planning and Zoning Board Staff Rt i: 10/17/05 Atlantic Plaza - Conditional Use Request Page 3 greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the standards and limitations of LOR Section 4.4.13(1). As discussed later in this report, positive findings can be made with respect to the referenced performance standards; thus positive findings can be made with respect to FLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service is available via service lateral connections to: 1) an existing 12" water main within the adjacent NE 7th Avenue right-of-way; 2) an existing 8" water main within the Atlantic Avenue right-of-way; 3) an existing 8" water main within northern part of the adjacent the NE 1st Street right-of-way; and 4) an existing 6" water main within the alley right-of-way located west of NE 7th Avenue. Sewer service is available via service lateral connections to: 1) an existing 10" sanitary sewer main within the Atlantic Avenue right-of-way; 2) an existing 10" sanitary sewer main which cuts across the site from north to south along the east side of Veteran's Park; 3) an existing 8" sanitary sewer main within the NE 1st Street right-of-way; 4) an existing 8" sanitary sewer main within NE 7th Avenue right-of-way; and 5) an existing 8" sanitary sewer main within the alley right-of-way located west of NE 7th Avenue. Fire protection is proposed to be provided via: 1) an existing fire hydrant located at the northeast corner of NE 1 st Street and NE 7th Avenue; 2) an existing fire hydrant located to the north of Veteran's Park along the north side NE 1st Street; 3) an existing fire hydrant located at the northeast corner of Atlantic Avenue and NE 7th Avenue; and 4) an existing fire hydrant located at approximately 250' feet north of Atlantic Avenue along the east side of 7th Avenue right-of-way. However, additional fire hydrants shall be provided along the adjacent alley located west of 7th Avenue in order to provide adequate fire protection to the five-story mixed-use building to the west of the alley. In order to provide these fire hydrants along the alley, it will be necessary to upgrade the existing six inch (6") water main within the alley to an eight inch (8") water main from NE 1st Street to the south end of the property. These items have been attached as conditions of approval. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainaqe: Preliminary drainage plans were not submitted. However, the conceptual design for all proposed buildings appears to indicate that drainage will be accommodated via floor drains on the ground floor, first, second and basement level of the parking garage that will then drain to an exfiltration trench system. Special attention will need to be paid to the locations of gutters to gather storm water from the different roof lines proposed. There are no problems anticipated in accommodating on-site Planning and Zoning Board Staff RL i: 10/17/05 Atlantic Plaza - Conditional Use Request Page 4 drainage; however, engineering issues regarding drainage will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made. 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 819 AM peak hour trips and 892 PM peak hour trips. However, net traffic increases based on the existing development on the site needs to be provided. Also, a letter from the Palm Beach County traffic Division indicating that the proposed development complies with the Palm Beach County Traffic Performance Standards Ordinance shall be provided, thus, these items are being attached as conditions of approval. Given the level of traffic generated by this development, there is a potential impact to the residential neighborhood to the north. This impact will be assessed when the project is complete. The developer will be required to mitigate the impacts through the provision of traffic calming measures on NE 7th Avenue. This has been attached as a condition of approval. Parks and Recreation Facilities: 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. A total fee of $153,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 306 dwelling units will generate 159.12 tons of solid waste per year (306 units x 0.52 tons = 159.12 tons); the 57,137 square feet of retail floor area will generate 291.40 tons of solid waste per year (57,137 sq. ft. x 10.2 Ibs. /2,000 = 291.40 tons); the 44,204 square feet of office area will generate 119.35 tons of solid waste per year (44,204 x 5.4 Ibs. / 2,000 = 119.35); and the 8,811 square feet of restaurant area will generate 131.94 tons of solid waste per year (8,811 x 29.5 Ibs / 2000 = 131.94 tons), for a total of 230.64 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, 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 and a written finding of approval from the School District is attached as a condition of approval. Planning and Zoning Board Staff RE>. :: 10/17/05 Atlantic Plaza - Conditional Use Request Page 5 CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications 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 and complies 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 special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use (residential, retail and office) development. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year-round basis, which 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 retai/, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area". The proposed Atlantic Plaza development will help to fulfill this stated land use need by providing 306 additional dwelling units in the downtown area in close proximity to shopping and place of work. Therefore, the proposed project is consistent with this policy. 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 "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective: Policv C-4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: Planning and Zoning Board Staff Re. :: 10/17/05 Atlantic Plaza - Conditional Use Request Page 6 o Deletion of inappropriate uses; o Incentives for locating retail on the ground floor with office and residential use on upper floors; o Accommodating parking needs through innovative actions; o Incentives for dinner theaters, playhouses, and other family oriented activities; o Allowing and facilitating outdoor cafes; o Incentives for mixed use development and rehabilitation; o Elimination of side yard setback requirements; and o Allow structural overhang encroachments into required yard areas. This Comprehensive Plan Policy specifically refers to the CBD district regulations. The intent of the CBD district regulations are to facilitate the development of the downtown with a mix of uses, which include pedestrian-oriented retail activities on the ground floor (particularly along Atlantic Avenue) and office and residential uses on the upper floors. The development proposal will locate 306 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, work, cultural areas and parks. They will interact on a regular basis with the storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will playa major role as participants in, and contributors to, the downtown area community. The Atlantic Plaza development proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. The Downtown Delray Beach 2004 Patron Profile, Cluster Analysis, and Retail Development Strategy prepared by the Delray Beach Joint Venture, states the following: "The citizens of Delray Beach have enumerated a series of general and specific request as part of the 2002 Downtown Master Plan.(p. 1-2)) This recommended hierarchy of development initiatives reflects the specific opportunities that would have the areatest transfonnative impact on the physical landscape and functional role of Downtown Delray Beach. One of these specific request is: . Redevelop northern and southern sides of West Atlantic Avenue to include mixed-use structures offering upper level residential uses and around level commercial space targeted for use by neighborhood-oriented businesses. Six priority development initiatives have been identified within Downtown Delray Beach. Development Initiative #1 states the following: The 'West Atlantic Avenue Redevelopment Plan" (1995) provides a community endorsed vision. The general principles contained within the plan will contribute to the functionality and attractiveness of the district through the use of traditional neighborhood planning values. The following planning principles are intended to counter the natural inclination for businesses in this corridor to address transient automobile traffic to exclusion of residents of nearby neighborhoods. Planning and Zoning Board Staff Re, ,: 10/17/05 Atlantic Plaza - Conditional Use Request Page 7 . Create a pedestrian-friendlv corridor . Encouraae mixed-use structures with around floor retail/services . Provide buffered parking . Restrict drive-in/drive-through uses . Construct buildings with no setback (or minimal setback) from sidewalks . Establish specific parking requirements and open space requirements compatible with the creation of an urban village The Delray Beach Joint Venture has sub-divided Downtown Delray Beach into eight clusters for analysis. Cluster 6 is a critical pedestrian link between the resort district and the heart of Downtown. Cluster 6 corresponds to the commercial corridor along East Atlantic Avenue from 5th Avenue to the Intracoastal WatefWay. This cluster contains several "comparison goods" retailers as well as prime street-level retail space devoted to non-retail uses such as offices. Several restaurants offer seating overlooking the Intracoastal WatefWay. Atlantic Plaza is a privately owned shopping center with significant redevelopment potential. Veterans Park has potential for enhanced programming. Cluster 6 is a critical pedestrian link between the resort district and the heart of Downtown. Redevelopment of a site occupied bv a aas station offers the opportunity to add continuous storefronts on a portion of the northern frontaae of Atlantic Avenue. Atlantic Plaza's setback from the street presents a challenge to maintaining continuity of pedestrian activity. Conversion of non-retail uses into retail spaces on the south side of Atlantic Avenue can increase pedestrian activity. Additional apparel/shoe retailers (in Atlantic Plaza and on the street) should be sought for this cluster. Restaurant uses are also appropriate." The Atlantic Plaza project's concept facilitates the creation of a vibrant and pedestrian friendly retail corridor along the Avenue in the CBD (Central Business District), which is consistent and in harmony with the City's efforts to provide a pedestrian friendly streetscape for Atlantic Avenue. This City's effort is reinforced through Future Land Use Element Policy C-4.1, the Downtown Master Plan and by the Downtown Delray Beach 2004 Patron Profile, Cluster Analysis, and Retail Development Strategy. Transportation Element Policy A.1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Studies have shown that the provIsion of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed-use development will have on the surrounding road network and the location of a Palm Tran bus stop one block to the north of the subject property, on NE 6th Avenue (Northbound Federal Highway), it is appropriate that the development contribute toward the provision of a bus shelter and provide an easement on NE 6th Avenue in the event of the relocation of the nearby bus stop. Thus, it is attached as a condition of approval that a contribution of $7,500 is paid, and a bus shelter easement is granted prior to certification of the site plan for this Planning and Zoning Board Staff Re :: 10/17/05 Atlantic Plaza - Conditional Use Request Page 8 development. Subject to this condition of approval being addressed during the site plan review process, the development will comply with Transportation Element Policy A-1.3. Transportation Element Policv 0-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal does not accommodate a typical bicycle parking facility (i.e. bike rack) on site. Bicycle parking facilities for the office/retail/residential uses on the proposed buildings along Atlantic Avenue, NE 6th Avenue, NE 1st Street, NE 7th Avenue and along Veterans Park needs to be provided, and is attached as a condition of approval. Subject to this condition being addressed, the development will comply with Transportation Element Policy D-2.2. Open Space and Recreation Element Policv A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide several recreational facilities for its residents, such as a swimming pool, children's pool, recreational deck, a recreational-club house and exercise room. Given the intensity of the proposed development (306 dwelling units), it is reasonable that the proposed development provide these recreational opportunities. The Board may want to consider requiring the provision of a recreational facility that targets young adults such as a sport court. Pursuant to LDR Section 4.4.13(I)(2)(e). a spa/sauna room should also be provided as part of the recreational amenities, and thus, is attached as a condition of approval. Some of the recreational, cultural and open space opportunities located in proximity to the Atlantic Plaza development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Osceola Park Currie Commons) and other facilities that can be utilized by children, such as the pool, have been provided, the intent of this policy will be met. Based on the above, and subject to the condition of approval being addressed, it is appropriate to waive in part (tot lot) this requirement to provide these services entirely on site. Housina 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: Planning and Zoning Board Staff Re ;: 10/17/05 Atlantic Plaza - Conditional Use Request Page 9 Housina Element Policy B.2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be . designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. This development will not be restricted to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by families with children. The proposed development will primarily accommodate young and middle-age professionals. The development will provide the following mix: seventeen (17) efficiency units, one hundred and fifty two (152) one-bedroom units, one hundred and four (104) two-bedroom units, thirty one (31) three-bedroom units, and two (2) four- bedroom units. The proposed development accommodates various sizes of units for households having a range of ages, and thus, complies with Housing Element Policy B- 2.2. Housina Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal is consistent with Housing Element Policy B-2.6 as it provides the desired type of residential development within the CBD. Housina Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housina Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the revitalization and economic stability of the downtown area. Additionally, the introduction of additional residential dwelling units will increase the safety of the area by introducing more night time activity and more "eyes on the street" as a deterrent to criminal behavior. Based upon the above, the development proposal will be consistent with Housing Policy A- 12.3. Planning and Zoning Board Staff Re :: 10/17/05 Atlantic Plaza - Conditional Use Request Page 10 REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Pursuant to LDR Section 4.3.4(K), the maximum height of structures in the CBO zoning district is 48'. Pursuant to LOR Section 4.3.4(J)(1), height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining one street, the grade is established as the average of the mean elevation of the crown along the lot frontage. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. It is noted that the ~rade of building #1 will need to be based on the mean elevation of the crown of NE 6 Avenue. The grades of buildings #2 through #4 will need to be based on Atlantic Avenue, NE th Avenue, and NE 1st Street. The proposed building elevations indicate that all four buildings will have an overall height of 60' based on the crown of the adjacent streets. A condition of approval is attached that a topographic survey be provided that identifies the mean elevation of the crown of the adjacent roads. Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of 60' may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within 150' of any zoning district which has a maximum height limit of 35', measured from the property line of the CBD zoned property. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area. The increase in height is requested to accommodate residential uses on the top floor of all four structures, thereby meeting this requirement. (2) An increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4.6.20. The development proposal does not include a transfer of development rights. Therefore, this provision does not apply. (iii)That the increase in height is based on or will result in two, or more, of the following: Planning and Zoning Board Staff Re. ;: 10/17/05 Atlantic Plaza - Conditional Use Request Page 11 (1) That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5(a) and (d); The development proposal does not include a workforce housing component. Therefore, the increase in height cannot be based on the provision of workforce housing. (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; The conceptual plan does not provide the floor area of the ground floor parking and vehicular traffic circulation areas. Based on measurements taken from the conceptual plan, the ground floor area of the parking garage and vehicular traffic circulation area of building #1 consists of approximately 66% of the gross ground floor area. The parking and vehicular traffic circulation ground floor area of building #2 consists of approximately 54% of the gross floor area. The parking garage and vehicular traffic circulation area of building #3 consists of approximately 83% of the gross floor area. Building #4 does not include parking area on the ground floor. Overall, the total area of the ground floor devoted to parking, exceeds 50% and meets this requirement. A condition of approval is attached that the site plan includes the ground floor area calculations for parking and vehicular traffic. (3)That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district. The development proposal does not provide the additional 2' setback for each foot in excess of 48'. In lieu of this requirement, the development proposal attempts to comply with the setbacks for the CBD (Central Business District). The following tables identify the setback requirements for each building and the setbacks provided by the proposed development: Planning and Zoning Board Staff Re, :: 10/17/05 Atlantic Plaza - Conditional Use Request Page 12 Remaining 22' min. 31' 31' . length 70% max 10'min. 121' 112' . 25'to max. 37' Remaining 27' min. 52' 61' . length 50% max 34'min. 86.5' 54' . 37' and max. above Remaining 39' min. 86.5' 119' . length O'(North) 0' (North) . 0' 0' (South) . (South) 10' 10' . 5' min./10' 56' max. Remaining 17' min./22' 18' 18' . length max. 70% max 17'min. 48' 46' . Remaining 29'min. 20' 26' . length 50% max 2g'min. 34' 33' . Remaining 41'min. 34' 23' . length 100% 41'min. 44' 44' . max. 70% 5' 27' min./90% min./10' min./35' 27' . max. max. max. Remaining 17' min./22' 28' 17' . length max. Planning and Zoning Board Staff Re, ,: 10/17/05 Atlantic Plaza - Conditional Use Request Page 13 70% max 17'min. 30' 0' * Remaining 29'min. 13' 30' * length 50% max 29'min. 28' 32.6' * Remaining 41'min. 28' 23' * length 100% 41' min. 13' 13' * max. 70% 5' 370' min.l90% min.l10' min/475' 421' * max. max. max. Remaining 17' rnin.l22' 107' 107' * length max. 281.6' 3 275' * Floor 50% max. 17' min. 275.6' 4th 275' * Floor (563'lot 288'3 288' * frontage) Remaining Floor 2g'min. length 264.6' 4th 264.6' * Floor 100% 41'min. 515' 406' * 70% 5' 77' min.l90% min/10' min.l99' 81' * max. max. max. Remaining 17' 0' min.l22' 29' (exceeds * length max. 22' max. 50% max. 17' min. 49' 40.6' * Remaining 29'min. 49' 44.6' * length 100% 41'min. 74' 74' * 10' 10' Planning and Zoning Board Staff Re, :: 10/17/05 Atlantic Plaza - Conditional Use Request Page 14 5' min.l10' 351' . max. Remaining 17' min.l22' 79' 57' . length max. 50% max. 17' min. 209.5' 232' . Remaining 29'min. 187' 188' . length 100% 41'min. 255' 255' . 70% 5' 204' min.l90% min/10' min.l262' 210' . max. max. max. Remaining 17' min.l22' 81' 0' . length max. 0' al3 . 50% max. 17' min. 139.5' floor 0'4'hfloor . 120' at3 . Remaining floor 29'min. 139.5' length 106' al4'h . floor 100% 41'min. 255' 255' . 0' (East) 5' Planning and Zoning Board Staff Re. ., 10/17/05 Atlantic Plaza - Conditional Use Request Page 15 5' min.l10' 209' * max. Remaining 17' min.l22' 29' 15' * length max. 70% max 17'min. 195' 157' * Remaining 29'min. 84' 116' * length 50% max 29'min. 133.5' 139' * Remaining 41'min. 133.5' 123' * length 100% 41'min. 255' 225' * max. 70% 5' 38.5' min.l90% min.l10' min.l4g.5 38.5' * max. max. max. Remaining 17' min.l22' 16.5' 0' * length max. 70% max 17'min. 30' 5' * Remaining 29'min. 13' 40' * length 50% max 29'min. 15.5' 12'@ 17' * setback Remaining 41'min. 15.5' 8' * length 100% 41'min. 19' 19' * max. 70% 5' 31' min.l90% min.l10' min/41' 41' * max. max. max Remaining 17' 5' @ 37' min.l22' 4' * length max. setback Planning and Zoning Board Staff R6 :: 10/17/05 Atlantic Plaza - Conditional Use Request Page 16 50% max. 17' min. 21' 42' . Remaining length 29'min. 21' 0' . 100% 41'min. 40' 40' . Buildings 2 through 4 contain several areas that do not adhere with the CBO setback requirements. However, it is noted that these areas do not significantly deviate from the required setbacks and compliance can be achieved with minor changes to the buildings. Therefore, a finding of compliance with this criteria can be made subject to the condition the proposed development is modified to comply with the CBO setback requirements. (4) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). The non-residential ground floor building frontage of Building #1 is 100% along NE 6th Avenue. The total non-residential ground floor building frontage of Building #2 is 72%, which includes Atlantic Avenue, NE th Avenue, and NE 1st Street. The total non-residential floor area of Building #3 is 52% based on NE 7th Avenue and NE 1st Street. Finally, the non-residential ground floor building frontage of Building #4 is 78% of the total building frontage based on Atlantic Avenue and NE i~ Avenue. Each of the four buildings exceeds the 50% non- residential ground floor building frontage threshold. Based on the above. a positive finding can be made that the proposed development complies with this criteria. Summary: Based on the above analysis, The project can comply with three of the criteria, subject to compliance with conditions of approval that relate to provision of site data and compliance to the CBO setback requirements. Therefore. the proposed development is eligible for an increase in height, subject to compliance with the conditions of approval. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.13(1) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the Planning and Zoning Board Staff Re. ': 10/17/05 Atlantic Plaza - Conditional Use Request Page 17 required findings of lOR Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. The residential component of the proposed development consists of 306 dwelling units on a total of 6.51 acres of land, which results in a density of 47 dwelling units per acre. The development is located in the CBO zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LOR Section 4.4.13(1) is provided below. (2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the fa!(ade are offset and varied. In structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the fOllowing elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The conceptual plans associated with the conditional application consists of hand drawn building elevations. The proposed architecture includes various elements of Mediterranean influences such as barrel tile roofs, mission style parapets, and arched colonnades. As noted previously, the proposed development fundamentally complies with the CBO setback requirements, which requires a stepping back from 5' for the ground floor to 41' for the fifth floor. It appears that the doors and windows of the residential units have been varied. There appears to be several styles and sizes of windows and window treatments. The proposed elevations include canvas awnings over some windows and decorative aluminum shutters over others. It appears that all windows include a stucco sill. The development proposal includes a pedestrian bridge over NE 7th Avenue that connects the second floor of building #2 with the second floor of the parking garage this bridge is covered with a barrel tile roof. A pedestrian bridge is also proposed over the alley that connects the second floor of building #2 with building #1. The architecture of building #1 is weighted more toward the mission style of architecture. The west elevation of building #2 contains a turret with a barrel tile pointed roof and a barrel tile canopy that is supported with decorative wood brackets. The rhythm and proportionality of the architectural treatments create an appealing presentation. Based upon the above, this performance standard has been achieved. Planning and Zoning Board Staff ReI , 10/17/05 Atlantic Plaza - Conditional Use Request Page 18 (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc is encouraged. The garages are located toward the interior of the buildings. The parking area on the west side of building #2 is accessible from NE 1st Street via a driveway that ramps down to a lower level. The parked vehicles will be obscured from the public right-of-way by this slope and the walls of the parking structures. The parking facility in the interior of building #3 will be visible from the public right-of- way from the driveway along NE 1st Street. Based upon the above, this performance standard has been achieved. (e) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal provides a mix of efficiency, one, two, three and four bedroom dwelling units with numerous floor plans. There are 17 efficiency dwelling units that range in size from 602 square feet to 860 square feet; 152 one bedroom dwelling units that range in size from 660 square feet to 1,581 square feet; 104 two-bedroom dwelling units that range in size from 751 square feet to 2,446 square feet; 31 three-bedroom dwelling units that range in size from 1,056 square feet to 2,267 square feet; and, 2 four-bedroom dwelling units that range in size from 2,641 square feet to 2,946 square feet. The 17 efficiency dwelling units comprise 5% of the 306 total dwelling units. It is noted that several of the dwelling units are substandard with respect to minimum floor area. Pursuant to LDR Section 4.3.4(K), the minimum floor area for two-bedroom dwelling units is 900 square feet and 1,250 square feet for three-bedroom units. The 751 square foot two-bedroom unit on the 3rd floor of building #3 needs to be enlarged to a minimum of 900 square feet or converted to a one-bedroom (or efficiency) dwelling unit. Furthermore, the 1,056 square feet three-bedroom unit on the first floor of building #3 and the 1,088 square foot three-bedroom unit on the third floor of building #4 need to be enlarged to a minimum of 1,250 square feet or converted to two-bedroom (or fewer) units. These three modifications are attached as conditions of approval. Based upon the above, the intent of this performance standard has been achieved. Planning and Zoning Board Staff Re, '. 10/17/05 Atlantic Plaza - Conditional Use Request Page 19 (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water featurelfountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. As noted in Performance Standard (a), the architectural character is unified throughout all four buildings with the modern interpretation of Mediterranean influences. The rhythm and proportionality creates an aesthetically pleasing streetscape. It is noted, however, a hardscape plan has not been provided that includes features such as lighting, benches, and decorative pavement treatment. Furthermore, a colored rendering or color/material samples of the buildings have not been provided. The proposed development does not provide a special "place" such as public art, water feature/fountain, courtyard or public plaza. In this context, a special "place" can be construed to mean a unique area where people congregate for a respite from the urban environment. However. there are opportunities to create public places at the northeast and northwest corners of East Atlantic Avenue and NE 7th Avenue and at the southeast corner of building #4. The proposed buildings are located out of the required 40' visibility triangles at each corner. A public plaza should be created at each corner that includes features such as public art, a water feature, and benches. This is attached as a condition of approval. It is noted that the plaza design needs to ensure that public safety is maintained in these areas with respect to sight visibility. The conceptual plan provides a colonnade along the south side of building #4, which will provide protection from the elements for pedestrians and will provide a pedestrian connection for a portion of the development. Additionally, the pedestrian bridges over the alley, NE th Avenue and drive aisle will also provide a safe pedestrian connection between the parking garage and commercial areas. The encroachment of the pedestrian bridges into the public rights-of-way will need to be addressed during the site plan review process. Given the deficiency of information provided and lack of a public area or feature, this performance standard has been partially met. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. The proposed development provides a recreational deck in building #3 that includes a children's wading pool, standard swimming pool, gazebo and an exercise room and club house. The conceptual plan does not indicate what features will be included on the recreational deck. It would be appropriate that Planning and Zoning Board Staff R~ :: 10/17/05 Atlantic Plaza - Conditional Use Request Page 20 features such as planters, benches and barbecue facilities be incorporated into this area. Additional recreational facilities for young adults such as a sport court should also be included. These features are included as conditions of approval. Based upon the above, the intent of this performance standard has been achieved, provided the conditions of approval are met. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). As noted previously, the development proposal does include a hardscape plan. Therefore, compliance with this performance standard cannot be determined. The provision of the pedestrian bridges provides unique pedestrian opportunities between the parking facilities, commercial areas, and residential units and separates pedestrians from vehicular traffic. The conceptual plan does not indicate that additional sidewalk areas will be provided adjacent to the building. Given the commercial uses along the ground floor adjacent to East Atlantic Avenue, NE ih Avenue and NE 6th Avenue, an increased sidewalk width will encourage pedestrian flow to these businesses. The applicant should contribute the cost associated with the street improvements for beautification of Federal Highway, which is currently under consideration. These improvements include construction of parallel parking spaces, landscape nodes and street lighting (if necessary). The applicant should contact the City Engineer to obtain an estimate per linear front foot. In order to comply with this performance standard a condition of approval is attached that the applicant contributes the cost associated with these improvements. The City would then be responsible for installing these improvements when they are approved. Based upon the above, the intent of this performance standard has been achieved provided the conditions of approval are met subject to the condition that the width of the sidewalks along the nonresidential ground floor areas are increased. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The property has an existing off-site parking agreement that requires the applicant to provide 50 parking spaces to the office building on the north side of building #1. As noted in the parking analysis section of this report, the proposed development has a surplus of 5 parking spaces that could be used by the public. Furthermore, the contribution for Federal Highway Beautification will cover the cost to install the parallel parking spaces within Federal Highway providing Planning and Zoning Board Staff Re, : 10/17/05 Atlantic Plaza. Conditional Use Request Page 21 additional parking opportunities available to the public. Based upon the above, the intent of this performance standard has been achieved. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, NE 1st Street or SE 1st Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The ground floor of buildings #2 and #4 front on Atlantic Avenue and contains all non residential uses. While buildings #2 and #3 have frontage on NE 1st Street, it is clearly the intent that the requirement for nonresidential uses on the ground floor is for properties west of NE 6th Avenue. However, the conceptual plan does not include the percentage of ground floor wall area devoted to display windows and entrances along Atlantic Avenue. In order make a finding of compliance with this performance standard, a condition of approval is attached that a minimum of 75% of the surface are of the front street walls along Atlantic Avenue at the ground floor area of buildings #2 and #4 are devoted to display windows and to entrances. If the 75% requirement is achieved, the intent of this performance standard has been achieved. (I) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. A landscape plan was not submitted with the conditional use application. However, an illustrative site plan was submitted that includes conceptual landscaping. It does not appear that any of the existing landscaping will be incorporated into the development proposal. The illustrative site plan indicates that planters will be installed on the recreational deck and will include palm trees, shade trees and understory landscaping. As noted in Performance Standard (d), there are opportunities to create public plazas at the northeast and northwest corners of East Atlantic Avenue and NE 7th Avenue. Given the deficiency of information provided and lack of a public area or useable open space, this performance standard has been partially met. If approved as conditioned, the proposed development will comply with performance standards (a), (b), (c), (e), (f), (g), and (h). The development proposal does not fully comply with performance standards (d) and (i). Given the level of achievement with the performance standards, the density increase can be supported provided the conditions of approval are addressed. Planning and Zoning Board Staff Re, : 10/17/05 Atlantic Plaza - Conditional Use Request Page 22 LDR SECTION 2.4.5(E) . REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: 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. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Buildina Setbacks: Setback tables for Buildings #1, #2, #3, and #4 identify the setback requirements for each building and the setbacks provided by the proposed development. These tables indicate that the applicant has made a significant attempt to comply with LOR Section 4.4.13(F)(3) [Table 4.4.13-2] as it pertains to the Central Business District (CBD) zone district. As has been stated previously, Buildings 2 through 4 contain several areas that do not adhere with the CBD setback requirements (see setback tables for Buildings #1, #2, #3, and #4). However, it is noted that these areas do not significantly deviate from the required setbacks and compliance can be achieved with minor changes to the buildings. Therefore, a finding of compliance with this criteria can be made subject to the condition the proposed development is modified to comply with the CBD setback requirements. Parking Requirements: LOR Section 4.4.13(G)(1 )(a) requires 1 parking space per 300 square feet of total floor area for all nonresidential uses except restaurants. The required parking for restaurants is 6 spaces per 1,000 sq. ft. of total floor area. Parking for multi-family residential structures and mixed use development must be provided pursuant to the following: . Efficiencv dwellino unit 1.0 spacelunit . One bedroom dwellina unit 1.25 spaces/unit Planning and Zoning Board Staff RE.' ,10/17/05 Atlantic Plaza - Conditional Use Request Page 23 . Two or more bedroom dwellina unit 1.75 spaceslunit . Guest oarkino shall be oravided cumulativelv as tollows: . tor the first 20 units 0.50 sDaceslunit - tor units 21-50 0.30 soaces/unit - tor units 51 and above 0.20 sDaces/unit The proposed development contains 57,137 sq. ft. of retail, 44,204 sq. ft of office, 8, 811 sq. ft. of restaurant and 306 residential units comprised of 17 efficiency, 152 one- bedroom, 104 two-bedroom, 31 three-bedroom and 2 four-bedroom units. Based on this development mix, the required parking for the proposed development is 908 parking spaces (907.61 rounded up). LDR Section 4.6.9(C)(8)(a) - Shared ParkinQ allows for buildings or a combination of buildings on a unified site to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). 210.95 189.855 197.346 9.8673 Commercial/Retail 190.456 133.3192 Hotel 0 0 Restaurant 52.866 52.866 EntertainmenURecreational (theatres, bowling alleys, etc 0 306 TOTALS 0 It is noted that the subject property has a parking agreement for 50 spaces for an office building to the north of building 1 on NE 6th Avenue (Northbound Federal Highway). These fifty spaces have been incorporated into the shared parking calculations. Staff has requested a copy of the agreement to verify the utilization times stipulated for the office use. Review of the agreement shows that fifty-two spaces are dedicated to the aforementioned office. As illustrated in the table, the peak parking demand of 792 cars exists weekdays between 9:00 AM and 4:00 PM. The project proposal provides 795 spaces resulting in a three (3) car surplus. The site plan data table must be modified accordingly to show the additional two (2) spaces. Reference to this agreement must be noted on the site plan in the site data tables to avoid any confusion to future development on the site. Furthermore, if any additional spaces are to be reserved for any reason (Le. valet, businesses, etc.) the number of spaces must be included in reserved category for 100% utilization. Planning and Zoning Board Staff Re, 10/17/05 Atlantic Plaza - Conditional Use Request Page 24 The Community Redevelopment Agency (CRA) Board recommended approval of the Conditional Use requests for increase in height and density by a vote of 7-0 as proposed by the applicant, including the height increase for the building on NE 6th Avenue. Although the project proposes a bridged pedestrian overpass across NE 7th Avenue, staff has a concern with the disproportionate distribution of parking for the structures to the west of NE 7th Avenue. The parking demand for buildings 1 and 2 and the office entitled to the 52 spaces on that side of the proposed development is 417 spaces under the shared parking scenario. Only 192 of the 795 total spaces provided are provided west of NE 7th Avenue. The 192 spaces equates to only 46% of the 417 spaces required to accommodate the uses on the west side of the project. Compact Parkina: Pursuant to LDR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal does not indicate any compact parking within the parking areas proposed. However, the applicant may find it necessary to re-visit this policy during the site plan review process to make any adjustment as required during the final design stage. Handicapped Accessible Parkina: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction (FACBC). Accessibility for residential units is addressed by the Federal Fair Housing Act. Pursuant to the FACBC, two percent (2%) of the parking spaces serving the development must be handicapped accessible and in compliance with the Americans with Disabilities Act. Based upon the 795 parking spaces provided, the development needs to provide a minimum of sixteen (16) handicap accessible parking spaces and sixteen (16) handicap accessible parking spaces have been provided. Although compliance with this requirement has been met better distribution of the spaces throughout the parking structure should be done to better serve all commercial components. On-Street Parkina: Although not counted toward meeting the parking requirements for the project, a total of forty-four (44) public parallel parking spaces are being provided by the applicant; ten (10) public parking spaces within the south side of NE 1st Street right-of-way, nineteen (19) public parking spaces within the east side and west side of NE 7th Avenue right-of- way, and fifteen (15) parking spaces within the NE 6th Avenue right-of-way. Although available to the general public. these spaces should help meet the short term parking requirements of residents and guests of the project. A maximum time limit of two (2) hours during the daytime should be imposed by the City to prevent long-term parking. Minimum Residential Floor Area: The following table indicates that the proposal partially complies with LOR Section 4.3.4(K)[Minimurn residential floor area]. There are 17 efficiency dwelling units that Planning and Zoning Board Staff Re, 10/17/05 Atlantic Plaza - Conditional Use Request Page 25 range in size from 602 square feet to 860 square feet; 152 one-bedroom dwelling units that range in size from 660 square feet to 1,581 square feet; 104 two-bedroorn dwelling units that range in size from 751 square feet to 2,446 square feet; 31-three bedroom dwelling units that range in size from 1,056 square feet to 2,267 square feet; and, 2 four-bedroom dwelling units that range in size from 2,641 square feet to 2,946 square feet. The 17 efficiency dwelling units comprise 5% of the 306 total dwelling units. It is noted that several of the dwelling units are substandard with respect to minimum floor area. Pursuant to LDR Section 4.3.4(K), the minimum floor area for two-bedroom dwelling units is 900 square feet and 1,250 square feet for three-bedroom units. The 751 square foot two-bedroom unit on the 3rd floor of building #3 needs to be enlarged to a minimum of 900 square feet or converted to a one-bedroom (or efficiency) dwelling unit. Furthermore, the 1,056 square feet three-bedroom unit on the first floor of building #3 and the 1,088 square foot three-bedroom unit on the third floor of building #4 need to be enlarged to a minimum of 1,250 square feet or converted to two-bedroom (or fewer) units. These three modifications are attached as conditions of approval. Based upon the above and subject to these conditions pf approval being addressed, the intent of this LDR requirement has been met. Efficiency 1 Bedroom Units 2 Bedroom Units 3 Bedroom Units 400 600 1,250 1,500 725-613-799 3 844-1,311 13 1,257 - 2,079 10 1536 -1,656 2 . . . . '~~Jrillirf~~~.:, -_;~- _~__:;:::m~' ~'..:_~ '-~._~"__~2~ .~"'~ ~"iL::.vJjLi_~i~~~-, Efficiency 1 Bedroom Units 2 Bedroom Units 3 Bedroom Units 400 600 900 1,250 613-799 3 844-1,311 13 11 1 . . . . Planning and Zoning Board Staff Re, : 10/17/05 Atlantic Plaza - Conditional Use Request Page 26 ~~:.ifHY~rJ~\f'~"'.{.i5 . H 'r'~"'"_ ' "" - ::. ~::-~ " f:- -~ ~, :;;,;{".,:J.:J.U;l ,.j;_~ . _.. -. _.., ""'''''_ , - -- ._=~ ~-~" .! .~. , R':1jIi!!!il~i~~ ~.~.~.... f -, ~-:~~~. ~ .~;~"-,'. ,T_~~._ T ," '.,~~~'~'2';F"'H~:~"l ~~~._ _ _-~= ~-' " ,,~,'"~:':':. _""EL .i'.t:>=~ _~~"~.o 1,,,,,,-;'~.~ ~~ '"'- e&i:j/liiIEai;i1ii:::.:i':..~L;L.,""" 1 Bedroom Units 2 Bedroom Units 3 Bedroom Units 600 900 1,250 660 -1,369 1,163-1,244 1,056 18 2 1 . . . .:'c,.i,i6!tr,i",.: ;,..' . _ ~. ..' .. .' '. .; _ - ~~~l. "~t """ .'G;'bw;~ ~-,~~ ~"'Ia:;,-... """ ~ ~ ",- . __I ii. n 1 Bedroom Units 2 Bedroom Units 3 Bedroom Units 600 900 1,250 988 -1,222 1,163 - 1,222 1,055-1,919 23 7 1 . . . ~ --~ ' .,~~1!J;~~,iI;i~L_-,~ ........,.""'"'bl~",!,..~~~ ",-",__":1~",.... ""_ ~_~__"".:__J' .~" " _~k;#k.~ -", Efficiency 1 Bedroom Units 2 Bedroom Units 3 Bedroom Units 400 600 900 1,250 692 - 860 751-1,135 751 - 1,067 1,665 6 20 4 1 . . . . ~1"~~f~,1 ~:lf"'~"1l, - ~ '" - > - ."~ .' t , - ~~l..-~~; I~f.' ,~ - ,,__ ~_ _ ~ ~...J"L 1. ..,iL~=.. :>,. ,: u ::.: ~ _~~ '-=-' .. Efficiency 1 Bedroom Units 2 Bedroom Units 3 Bedroom Units 400 600 900 1,250 744 724 - 1,363 906-1,732 1,481 - 1,891 1 21 18 5 . . . . ;;'{U'"';";1'llt _~_..., '" :~ ...~~ .=.~"." >.-~n'~,",->bL, "_~-O~'~d~;L;; -;: ~ 1 Bedroom Units 2 Bedroom Units 3 Bedroom Units 600 900 1,250 766 -1,106 1,074 - 1,363 1,872-1,930 6 15 3 . . . ;; ~-...-;r;r:" ' ~ ~ - ~ "" ,.- " ~. - ,- - ,;;t~nJ~lHJ~j, If ; ,. ~~~ ,. ~ ~ ~. ,~ . .. "'"_ ,,;'A?~'~F",''{;~~STf- ,;<;," ~ ,-;;, .'I~ T,;;,~ '.' -, - :- ' ~', Y' ~~l!,nL~' , f _1iJ._,~.,_"" <L.~ .'t J~"", !t,~. _. _, _~= l ~ .~=...!!IL ;J,,,,,,,._ ,Sk.. Efficiency 400 602 1 . 1 Bedroom Units 600 1,017 - 1,025 4 . 2 Bedroom Units 900 1,510 - 2,446 5 . 3 Bedroom Units 1,250 1,424 - 2,181 2 . 4 Bedroom Units 1,500 2,641 1 . ;t: ~11, "'i ~e-":{; ,_.;,,~.-- , ~~ ~~. ~ :..' 1~~o<'~ ".:i1i~~~,~[, r~~~L'~. ~ -_d~~-~ Efficiency 1 Bedroom Units 2 Bedroom Units 3 Bedroom Units 400 600 900 1,250 602 837 - 1,375 1,402 - 1,924 1,088-1,749 1 5 5 2 . . . " '&;\~j, ~p,ID.~~;:~lf:' " __ 1 '::. __'" :~,-~ _ "'^ ,.l ,'; ~ ..:: 't-~' - . Efficiency 400 602 1 . 1 Bedroom Units 600 837 - 1,025 4 . 2 Bedroom Units 1,250 1,402 - 1,507 3 . 3 Bedroom Units 1,500 1 ,392 - 1,749 3 . Efficiency 400 602 1 . 1 Bedroom Units 600 837 - 1,025 4 . 2 Bedroom Units 900 1,120 4 . 3 Bedroom Units 1,250 1,749 1 . Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance for a parking area that has 51 or more parking spaces is 50'. The proposed aD-space parking area along the west side of NE 7th Avenue does not provide the minimum stacking distance to the alley. This will require a waiver during the site plan review process. Planning and Zoning Board Staff Re, : 10/17/05 Atlantic Plaza - Conditional Use Request Page 27 The parking garage provides two driveways to the public alley, which reduces the impact on the stacking. The stacking distance from the alley to the drive aisle within the parking structure is approximately 29'. The total distance from the north driveway to NE 1st Street is approximately 68' and approximately 124' from the southern driveway to Atlantic Avenue. The speeds and traffic volumes along the alley are less than a public street. Sight Visibility Triangle: Pursuant to LOR Section 4.6.14, the 20' and 40' visibility triangles need to be noted at the intersections of driveways/rights-of-way and at the intersection of two public rights- of-way. It is noted the parking garage along the alley encroaches into the 20' visibility triangle at the north and south driveways of building #2. This will require a waiver during the site plan review process. The City has approved similar waivers of the sight visibility triangles for other projects. The proposed development provides approximately 10' visibility triangles. Given the lower traffic volumes and speeds along an alley, these sight lines should be sufficient in terms of safety. Lighting: A photometric plan, consistent with the requirements of LOR Section 4.6.8, has not been submitted for the development proposal. Thus, it is attached as a condition of approval that a photometric plan indicating the minimum (1.0) and maximum (4.0) foot candle illumination levels required by City standards be submitted during the site plan review process. Bicycle Parking: The development proposal does not accommodate a typical bicycle parking facility (i.e. bike rack) on site. Pursuant to Comprehensive Land Use Plan Policy 0-2.2 [Transportation Element], bicycle parking facilities for the office/retail/residential uses on the proposed buildings along Atlantic Avenue, NE 7th and NE 6th Avenues, NE 1st Street and along Veterans Park needs to be provided, and is attached as a condition of approval. Plat: A plat must be processed and recorded prior to issuance of a building permit and is attached as a condition of approval. Handicap Accessible Parking: Pursuant to LOR Section 4.6.9(0)(1 )(d), handicap accessible parking spaces are to be provided in accordance with the Florida Accessibility Code for Building Construction and shall be located as close as is practical to the entrances of the buildings they are intended to service. To the greatest extent possible, they shall be oriented so that a user does not have to go past the rear of other parking spaces or cross an aisle in order Planning and Zoning Board Staff Re. : 10/17/05 Atlantic Plaza - Conditional Use Request Page 28 to reach the building's main entrance. The handicap spaces within building #3 need to be located along the south or west sides of the garage. These spaces are intended to serve the commercial businesses and need to be located as close as possible to the non-residential areas. This has been attached as a condition of approval. Maneuvering Area: Pursuant to LOR Section 4.6.9(D)(4)(c), dead-end parking bays are discouraged, but when site conditions dictate that there be dead-end parking bays, they shall be designed so there is a 24'-wide by 6'-deep maneuvering area at the end of the bay. The City has typically required that at least one space adjacent to the maneuvering area be stripped-out for maneuvering purposes in case the parking bay is full. The basement parking tier of building #2 does not provide the required maneuvering area or striped-out parking space. A condition of approval is attached that the site plan provides the required maneuvering area and striped-out space. Right-of-Way Dedication: Pursuant to Land Development Regulation (LOR) Section 5.3.1, there are required street improvements associated with the proposed development. A dedication of 7' will be required for Atlantic Avenue. An ultimate right-of-way of 60' will be required for NE 7th Avenue and 40' currently exists. Furthermore, 2' along the east and west sides of the alley will be required to provide the ultimate 20'-wide alley. The conceptual plan indicates the dedication of the required right-of-way for both streets and the alley. A condition of approval is attached that the ultimate rights-of-way be dedicated. Veterans Park Cross Access: There is currently vehicular cross-access between the Veterans Park parking area and the subject property. This driveway provides access to Veterans Park from Atlantic Avenue. The development proposal will modify this cross-access by relocating the driveway to the north and providing access to NE 7th Avenue instead of Atlantic Avenue. The cross access agreement between the Veterans Park parking area and the subject property needs to be dissolved and a replacement easement provided that addresses the reconfiguration of the property. The applicant will need to submit a site plan modification on behalf (agent) of the City of Delray Beach for the improvements of the Veterans Park parking area. Pedestrian Bridges: As noted previously, the applicant proposes pedestrian bridges across NE 7th Avenue and across the alley. The alley and NE 7th Avenue have overhead utility lines existing. These will need to be placed underground and is attached as a condition of approval. An agreement will need to be created that addresses the legality of these encroachments and issues such as maintenance. It is noted that the legality and liability of these features may be problematic and will need to be addressed during the site plan review process. Planning and Zoning Board Staff Re. ' 10/17/05 Atlantic Plaza - Conditional Use Reque,t Page 29 Paving: Pursuant to LDR Section 4.4.13(F)(3)(g), the front setback area for buildings fronting on Atlantic Avenue shall be paved with paving materials to match the existing sidewalks within the Atlantic Avenue right-of-way. The conceptual plan does not indicate whether the area between the arcade along the south side of buildings #2 and #4 will be paved or landscaped. A condition of approval is attached that the area between the building and the public sidewalk be paved with paver block to match the existing paver blocks along Atlantic Avenue. Architectural Standards: Pursuant to LDR Section 4.6.18(B)(14)(i) through (vi), there are numerous architectural design standards that apply to projects within the Central Business District, such as column spacing/dimensions, gutter design, color scheme, parking garage design, window tinting, etc. The conceptual plans lack the sufficiency of information to determine compliance with these requirements. In order to determine compliance with these requirements, detailed architectural elevations of all sides of each building need to be provided with the site plan application and is attached as a condition of approval. It is noted that pursuant to LDR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. Given the conceptual nature of the hand drawn building elevations, a determination of compliance with this development regulation cannot be made at this time. With the submittal of a site plan application, the applicant will need to submit complete renderings and colored elevations. It is noted that the variations between the Mission style features and the barrel tile roofs (which have less than a 300' separation) could be considered to be sufficient to meet the separation in architectural compositions requirement. However, it is noted that the fifth floors of buildings #2 and #3 do not provide the same changes in compositions as the lower floors. These floors lack the architectural treatment with respect to breaking up the roof line, and providing plane changes. This has a negative effect on the proportion and rhythm of the elevation of these buildings. A condition of approval is attached that the fifth floors be revised to address the roof line and the architectural treatment (rhythm and proportion) of the windows, doors, plane changes, etc. Arcade: Pursuant to LDR Section 4.4.13(F)(3)[footnote #2]. arcades shall have a minimum width of 12', inclusive of columns or pilasters up to a maximum width of 2'. The plans need to be revised to include dimensions that demonstrate compliance with this requirement during the site plan review process and is attached as a condition of approval. Planning and Zoning Soard Staff Re. . 10/17/05 Atlantic Plaza - Conditional Use Request Page 30 - ~~ - . - .- L~_~_~~"~ d=..~~,.~~i~_~1J~ ~~~.;1_ ::::;~L~~~"""",, _ ~,~,""~~"~9i____~ Communitv Redevelopment Aaencv (CRA): At its meeting of October 5, 2005, the CRA reviewed the conditional uses request and recommended approval (by vote of 7/0) of the conditional uses as proposed by the applicant, including the height increase for the building on NE 6th Avenue. Downtown Development Authoritv: At its meeting of August 10, 2005, the DDA reviewed the conditional uses request and recommended approval of the conditional uses as proposed by the applicant, including the height increase for the building on NE 6th Avenue. Site Plan Review and Appearance Board: If the Conditional Use requests are approved, a site plan application will be processed for the development proposal, with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ~ Jerry Franciosa, Progressive Residents of Delray (PROD) ~ Carolyn Zimmerman, President's Council ~ Kevin Warner ~ Bob Spavero, Beach Property Owners Association ~ John Nesbitt ~ Ernest River ~ Neighborhood Advisory Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection to the Atlantic Plaza development have been filed by Mr. Steve Plamann, Mr. J. John Barbieri, and Mr. Dave Wrausmann. These letters are attached to the staff report. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board (P&Z) meeting. The proposed conditional uses are to allow for a mixed-use structure having a height in excess of 48' (60'-0" is proposed) and to allow for a density in excess of 30 units per acre within the CBD (47 dulac is proposed). As described in this staff report, the request for additional height meets with the criteria established in LDR Section 4.3.4(J) (4) (b), and the increase in density above 30 units per acre is supportable as the project Planning and Zoning Board Staff Re. .10/17/05 Atlantic Plaza - Conditional Use Reque~t Page 31 meets or exceeds the Performance Standards found in LOR Section 4.4.13(1). The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LOR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties, with respect to the requested increases in building height and density. It is noted that pursuant to LOR Section 4.4.13(1)(1), despite the fact that compliance with the performance standards is possible subject to the attached conditions, the Board may deny the application for increased density, if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. _ _._~ ~ _~'. ~_::."""'~ ~~_~~'~ ': r,.(', ..:,;,:~: ':~___~~i~_!.e~.L -=~ ",.~---.:........:~_~_-----.:.:..._\ A. Continue with direction. B. Move a recommendation of approval of the conditional use requests to allow for a building height in excess of 48' (60'-0") and a density in excess of 30 units per acre (47 du/ac) for Atlantic Plaza, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use requests to allow for a building height in excess of 48' (60'-0") and a density in excess of 30 units per acre (47 du/ac) for Atlantic Plaza, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land Development Regulations. By Separate Motions: (J Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48' (60'-0") for Atlantic Plaza, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations; (J Move a recommendation of approval of the conditional use request to allow for a density in excess of 30 units per acre (42.7 du/ac) for Atlantic Plaza, 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 Planning and Zoning Board Staff Re. ' 10/17/05 Atlantic Plaza - Conditional Use Request Page 32 set forth in Sections 2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development Regulations; With said approvals to be 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 "Exhibit "A" - Technical Items" attached in the staff report; 2. That additional fire hydrants be provided along the adjacent alley located west of 7th Avenue in order to provide adequate fire protection to the five-story mixed-use building to the west of the alley; 3. That the 751 square foot two-bedroom unit on the 3rd floor of building #3 be enlarged to a minimum of 900 square feet or converted to a one-bedroom (or efficiency) dwelling unit; 4. That the 1,056 square feet three-bedroom unit on the first floor of building #3 be enlarged to a minimum of 1,250 square feet or converted to a two- bedroom (or fewer) unit. 5. That the 1,088 square foot three-bedroom unit on the third floor of building #4 be enlarged to a minimum of 1,250 square feet or converted to a two- bedroom (or fewer) unit. 6. That the proposed development is modified to comply with the CBD setback requirements as stated in the setback tables for Buildings #1, #2, #3 and #4; 7. That a hardscape plan, which includes features, such as lighting, benches, decorative pavement treatment be provided; 8. That the handicap spaces within building #3 be located along the south or west sides of the garage; 9. That a colored rendering or color/material samples of the buildings be provided; 10. That the fifth floors of buildings #2 and #3 be revised to address the roof line and the architectural treatment (rhythm and proportion) of the windows, doors, plane changes, etc. 11. That a special "place" (a unique area where people congregate for a respite from the urban environment) such as public art, water featurelfountain, courtyard or public plaza be provided; 12. That consideration be given for a public special "place" at the northeast and northwest corners of East Atlantic Avenue and NE 7th Avenue and at the southeast corner of building #4; Planning and Zoning Board Staff Re, . 10/17/05 Atlantic Plaza - Conditional Use Request Page 33 13. That a public plaza be created at each corner that includes features such as public art, a water feature, and benches; 14. That any proposed plaza design needs to ensure that public safety is maintained in these areas with respect to sight visibility; 15. That the site plan provide the required maneuvering area and striped-out space. 16. That, given the commercial uses along the ground floor adjacent to East Atlantic Avenue, NE 7th Avenue and NE 6th Avenue, an increased sidewalk be provided to encourage pedestrian flow to these businesses; 17. That a minimum of 75% of the surface area of the front street walls along Atlantic Avenue at the ground floor area of buildings #2 and #4 be devoted to display windows and to entrances; 18. That detailed architectural elevations of all sides of each building be provided with the site plan application. 19. That a bus shelter easement be provided along NE 6th Avenue and a contribution of $7,500 be paid for the provision of a Palm Tran bus stop shelter, prior to certification of the site plan; 20. That the existing six inch (6") water main within the alley be upgraded to an eight inch (8") water main from NE 1 st Street to the south end of the property so that additional fire hydrants along the alley may be provided; 21. That a park impact fee of $500.00 per dwelling unit shall be paid prior to issuance of a building permit for each unit; 22. That a written finding of concurrency approval from the School District of Palm Beach County be provided; 23. That Bicycle parking facilities for the office/retail/residential uses on the proposed buildings along Atlantic Avenue, NE 6th Avenue, NE 7th Avenue, NE 1st Street and along Veterans Park be provided; 24. That features such as planters, benches, barbecue facilities, a sport court for young adults, and a spa/sauna room be provided as part of the recreational deck; 25. That the area between the building and the public sidewalk be paved with paver block to match the existing paver blocks along Atlantic Avenue. 26. That arcades shall have a minimum width of 12', inclusive of columns or pilasters up to a maximum width of 2'; Planning and Zoning Board Staff Re, 10/17/05 Atlantic Plaza - Conditional Use Request Page 34 27. That the site plan data table includes the ground floor area calculations for parking and vehicular traffic; 28. That a photometric plan indicating the minimum (1.0) and maximum (4.0) foot candle illumination levels required by City standards be submitted during the site plan review process. 29. That the provision of reserved parking spaces for residential units under the shared parking formula be revised during the site plan approval process once the final mix of uses is determined; 30. That the legality and liability of the pedestrian bridges across NE 7th Avenue and the alley need to be addressed during the site plan review process. If supportable, an agreement will need to be executed for these features. The overhead power lines will need to be relocated underground; 31. That the applicant contributes the cost associated with the installation of parallel parking spaces, landscaping and street lighting along Federal Highway (Federal Highway Beautification project); 32. That a topographic survey is submitted with the site plan application; 33. That 7' is dedicated for the Atlantic Avenue right-of-way, 20' for NE 7th Avenue, and 4' for the alley; 34. That an updated traffic statement reflecting the proposed development mix and net traffic increase based on the existing development on the site are provided; 35. That a letter from the Palm Beach County traffic Division indicating that the proposed development complies with the Palm Beach County Traffic Performance Standards Ordinance be provided; 36. That the developer shall be responsible for mitigating the traffic impacts of the project on the residential neighborhood to the north through the installation of traffic calming measures on NE 7th Avenue; 37. That the plans include a reference to the off-site parking agreement for the nearby office building to the north on NE 6th Avenue and, the site data table be modified to reflect fifty-two (52) parking spaces pursuant to the off-site parking agreement; and 38. That a plat is processed and recorded prior to issuance of a building permit. Attachments: . Conceptual Plans & Location Map Report prepared by: Plannina and Zonina Deoartment Planning and Zoning Soard Staff Re, 10/17/05 Atlantic Plaza - Conditional Use Req<.est Page 35 ; ~~~~-_: -, ~: _ ~ ___~:~~l;:~::,}' l ^'-,...l~ ~1i- - .:~f'._:~ f('..~~,. ~ t "",'&t'i'~\.L-,e',;,~ .~:-:::., ~ '=._- _<. l..r::;ff:i""n'h,-I\...{"~'< "=hlij1~,-, ': '-. -....~'~~f'$>;j;fti':':ill " t.:~""," .~""""""~,J.~~~.,,,,,,_~_ "__~,--",-----_:,,::,,,,::~=' - =;;;;i;o_~~.i;c~L_~..;,;;;...~,'~___. ........:~,.."""""~~~ 1. Pursuant to LOR Section 4.4.13(F)(a) through (c), the balconies and roof eaves together with any loggias and trellises need to be noted on the site plan together with the setback dimensions from the property lines. It is noted that the balconies and eaves may encroach up to 4' into the required setbacks. 2. Service areas such as dumpsters, can wash, mat wash, grease traps, mail facilities, etc. need to be noted on the site plan. Pursuant to Chapter 51 of the City Code of Ordinances, recycling facilities need to be provided. 3. That a photometric plan be provided that demonstrates compliance with LOR Section 4.6.8. The photometric plan needs to include the parking garage. The screening of the garage lighting needs to be provided on the plans that demonstrate the complete screening of these light sources. 4. That the parking area dimensions pursuant to LOR Section 4.6.9(0)(3)(a) & (b), be noted on the site plan. 5. That a note be provided on the site plan that indicates that all service utilities will be located underground. tiE~ II = = - = = = I =i I N.E. I '" -< '" (j w u: , ~ N,E. 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'M ~= .~ .. iil~ ;U( ~I -: 't 0_ ~ ),.1 " " J . 1 r < ~ i 't ~ . ~--' --:---- " J ! . ~ i A TLANTlC PLAZA PROJECT '/I illllli ~CJ ." n>t1>. ~.ro ".2N 0F1 I FROM: ..el,"eiiii"'''I'~I~tlI[;~~iJjMIl1N'l'~'I'Jiiiil\l.W'''''' . DArY~D~CI NJANAGER PAUL DORLlNG, 01 OR OF PLANNING & ZONING MEETING OF JANUA 17,2006 - REGULAR AGENDA WORTHING PLACE (BLOCK 77) SOUTH SIDE OF EAST AVENUE, BETWEEN SE 1ST AVENUE AND SE 2ND AVENUE, ",,;;''''''i''''U! . HI TO: SUBJECT: ATLANTIC ITEM BEFORE THe S(jARD . .\ The action requested of the City Commission is that of qrantinq an extension of two conditional use approvals, one to allow a building height of 60 feet and the second to allow the residential units to exceed 30 units per acre for Worthing Place, pursuant to LDR Section 2.4.4(F)(2). The development proposal incorporates the following properties located within Block 77 of the Town of Linton plat: the south 59.84 feet of Lots 4 - 6, Lots 7 -10, the north 50.5 feet of Lot 11, Lots13 -16, portions of the easUwest and north/south alleyways, abutting the referenced properties, and Lots20 - 22 of Block 69. The development area contains City owned parking lots, vacant parcels owned by the Community Redevelopment Agency (CRA), and four (4) other privately owned properties which include a fifty-one (51) space parking lot associated with the GRIP building, and three buildings which previously were occupied by a veterinary clinic, a consignment shop, and a computer parts outlet. In 1998, the CRA issued a request for proposal for Block 77, for a mixed-use (residential and commercial) development. In September, 1998, three responses were received. At its meeting of October 8, 1998, the CRA Board reviewed the three proposals, and on October 13, 1998, held a joint work session meeting with the CRA and City Commission to review the proposals. On October 22, 1998, the CRA ranked the Block 77 Development Group's proposal as the number one proposal. The proposal consisted of two hundred nineteen (219) residential units and 12,292 sq. ft. of retail space on Block 77, and a 201 space public parking garage on Lots 20 - 22, Block 69. Within the 201 space garage, 60 full time and 40 part time spaces will be leased to the GRIP building to replace and supplement existing surface parking removed by the development on Block 77. The balance of 101 spaces will be available for public parking as will the 40 part time spaces during off hours. In October, conditional use applications were submitted to allow the residential units to exceed thirty (30) units per acre (219 units) and to allow a building height up to 60 feet. The development received Conditional Use approval on January 4, 2000, Site Plan approval for the residential and retail building on May 24, 2000 and site plan approval for the public parking garage on January 17, 2001. The CRA agreements include a clause that construction of the Block 77 development (residential and retail space) could not occur until a Certificate of 9B City Commission Meeting of January 17, 2006 Worthing Place (Block 77) Occupancy is issued for the public parking garage on Block 69. After these approvals the development proposals were subject to multiple lawsuits from an adjacent property owner. These lawsuits and subsequent appeals were finalized on March 31, 2004 in favor of the City. Pursuant to LDR Section 2.4.4(F)(4) when a lawsuit is filed an extension of development approval shall be granted without further review and shall be effective until the litigation is concluded. Utilizing the March 31, 2004 dates the current development approvals are valid through March 31, 2006. Demolition permits for the existing building on Block 69 have been issued and the building has been demolished. The garage site has been fenced and excavated preparing the site for the installation of the footers and underground utilities. Pursuant to LDR Section 2.4.4(D), a development project shall be considered established when the improvements, representing 25% of the total cost of all improvements to be used in developing the project, have been constructed or a certificate of occupancy has been issued for use of the property pursuant to the development approval. The demolition and current level of construction does not represent 25% of the total cost of all improvements; and it does not appear that the development will achieve this threshold by the expiration date. Therefore, the approval will expire on March 31, 2006, unless approval of the conditional use and site plan extensions are granted. A written request to extend these conditional use and site plan approvals for the mixed-use development and stand alone parking garage have been filed within the forty-five (45) days required by LDR Section 2.4.4.(F). Additional background information and full analysis of the proposal can be found in the attached staff report, dated December 13, 1999. EXTeN$tONPlN~LYSIS . ;>'. ....>H.l Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: . A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; . The letter must set forth the basis and reason for the extension; . The extension shall be considered by the same body which granted the original approval; . The extension, if granted, shall be for eighteen (18) months unless otherwise stated. LOR Section 2.4.4IF)12) "Construction Has Commenced" Pursuant to LDR Section 2.4.4(F)(2), when there are substantial improvements on the site, but the 25% establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation, pursuant to subsection (3), shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land andlor project. Pursuant to LDR Appendix "A," the definition of construction is: "The building of or substantial improvement to any structure or the clearing, filling, or excavation of any land. When appropriate to the context, "CONSTRUCTION" refers to the act of construction or the result of construction." Given the demolition activity that has occurred, demolition of the structure located on Lot 22 , the excavation of lots 20-22, (garage site), the provisions of Section 2.4.4(F)(2) shall apply to the proposed extension. In considering "diligence and good faith", the granting body shall consider: 2 City Commission Meeting of January 17, 2006 Worthing Place (Block 77) · When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); · The extent to which construction has proceeded; . The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. The applicant submitted the following statement, regarding the delay with the construction of the proposed project, and in support of the extension request. The request was submitted within the required forty-five (45) day time frame prior to the expiration date. The project was embroiled in protracted litigation through March 31, 2004. Florida case law, with which I am sure you're familiar, had just previously held that a developer proceeding on an approval which was the subject of litigation did so at risk of forfeiture. Block 77 abated proceeding during the pendency of the litigation pursuant to applicable ordinance of the City specifically granting relief to developers holding entitlements subject to pending litigation. The foregoing was a source of delay for which Block 77 should not be prejudiced. Additionally, the impact of the past two hurricane seasons, culminating in Hurricane Wilma and its devastation to the local infrastructure, have delayed the execution of the Project. Among other things, the scarcity of building resources and professionals in the field has delayed the completion of plans and drawings. Moreover, the Project is of such complexity and importance to the City of Delray Beach that the general time contemplated by the LOR's has proven insufficient in the case of the Worthing Place project and would not allow completion without the benefit of extensions to previously received entitlements. Nonetheless, the applicant has continued to remain diligent in efforts and has continued to show good faith to actually commence and eventually complete construction. A myriad of circumstances beyond the control of Block 77 have precluded the completion of construction. By way of example, but certainly not limitation, certain title problems were identified following contract execution which are now resolved. More recently, Block 77 evidenced its good faith and continued financial commitment to the Project by obtaining a contract for the purchase of certain additional property, long sought after, which will expedite the construction of the Project. Block 77 has spent considerable time, effort and funding making accommodations to neighboring property owners who had to be appeased because of conditions of development imposed by the City. However, notwithstanding the foregoing and the series of other unforeseen independent setbacks, not of Block 77's making or control, the site permit, as well as the parking garage structure permit, have been issued by the City of Delray Beach and we are ready to post a bond for the garage. The permit numbers are #05- 99622 and #05-99586, respectively. As previously stated, the applicant has complied with the site plan conditions of approval except for completing the platting process for Block 77. The construction phase of the project has commenced with receipt of the demolition permits and excavation of the Block 69 site. The delay in entering the construction phase of the project was due to resolving issues relating to the lawsuits and shortages in building materials. Based on these delays, it is reasonable to grant the extension of the site plan approval since these issues were beyond the control of the developer. 3 City Commission Meeting of January 17, 2006 Worthing Place (Block 77) If the request for the extension was to be denied, it would necessitate the filing of a new site plan application. The denial would be problematic, since the Land Development Regulations have been modified since the original approval of Worthing Place to include the Downtown Design Guidelines. Since the approved site plan does not comply with these guidelines, the development proposal would need to be completely redesigned. Pursuant to LOR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has requested an extension of 24 months. Based upon the above, the extension request would be valid through September 30, 2007. A. Postpone with direction. B. Move approval of the request for an extension of the Conditional Use requests for Worthing Place, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations, subject to the previous conditions of approval. C. Move denial of the request for an extension of the Conditional use requests for Worthing Place, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations. Move approval of the request for an extension of the Conditional Use requests, one to allow a building height of 60 feet and the second to allow the residential units to exceed 30 units per acre for Worthing Place, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations, subject to the previous conditions of approval, with said approval to be valid until September 30, 2007. Attachments: Extension Request Letter from Michael Weiner, Esquire dated November 16, 2005 Planning and Zoning Staff Report Dated December 13, 1999 4 WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 RECEIVED \ NOV 1 6 2005 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com PLANNING & ZONING MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF KERRY D. SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ. P.A- Florida Bar Board Certified Real Estate lawyer Noveniberl6,2005 Via Hand Delivery Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Request for Extension Our File No.: MORW008 Dear Paul: Thank you for your letter of May 27, 2005, in which you indicate that the Conditional Use and Site Plan for Worthing Place and the Site Plan for the Block 69 parking garage are subject to extension review as of March 31, 2006 (the "Review Date"). Pursuant to Section 2.4.4(F) of the Land Development Regulations of the City of Delray Beach, Florida ("LOR's"), this letter is submitted on behalf of Block 77 { Development Group, LLC ("Block 77") as written request to the City of Delray Beach and its appropriate agencies having jurisdiction, for two (2) year extensions of each of the three (3) previously received entitlements, namely the Conditional Use and Site Plan for Block 77 and the Site Plan for the Block 69 parking garage (sometimes referred to as "Block 69"). This request is being delivered as mandated more than forty five (45) days prior to the Review Date. As a courtesy, and not in limitation of further reasons or evidence to be presented at the appropriate hearings, we would like to enumerate> some of the reasons why an extension for all three (3) entitlements should be granted. Block 77 and Block 69 are sometimes referred to collectively as the "Project." The Project was enibroiled in protracted litigation through March 31, 2004. Florida case law, with which I am sure you are familiar, had just previously held that a developer proceeding on an approval which was the subject of litigation did so at risk of forfeiture. Block 77 abated proceeding during the pendency of the litigation pursuant to applicable ordinance of the City specifically granting relief to developers holding entitlements subject to pending litigation. The foregoing was a source of delay for which Block 77 should not be prejudiced. Additionally, the impact of the past two hurricane O:\MORW008\FLADOCS-#241953v3 (Version 4).DOC Mr. Paul Dorling November 16, 2005 Page 2 of3 seasons, culminating in Hurricane Wilma and its devastation to the local infrastructure, have delayed the execution of this Project. Among other things, the scarcity of building resources and professionals in the field has delayed the completion of plans and drawings..Moreover, the Project is of such complexity and importance to the City of Delray Beach that the general time contemplated by the LDR's has proven insufficient in the case of the Worthing Place project and would not allow completion without the benefit of extensions to previously received entitlements. Nonetheless, the applicant has continued to remain diligent in its efforts and has continued to show good faith to actually commence and eventually complete construction. A myriad of circumstances beyond the control of Block 77 have precluded the completion of construction. By way of example, but certainly not limitation, certain title problems were identified following contract execution which are now resolved. More recently, Block 77 evidenced its good faith and continued financial commitment to the Project by obtaining a contract for the purchase of certain additional property, long sought after, which will expedite the construction of the Project. Block 77 has spent considerable time, effort and funding making accommodations to neighboring property owners who had to be appeased because of conditions of development imposed by the City. However, notwithstanding the foregoing and the series of other unforeseen independent setbacks, not of Block 77's making or control, the site permit, as well as the parking garage structure permit, have been issued by the City of Delray Beach and we are ready to post a bond for the garage. The permit numbers are #05-99622 and #05- 99586, respectively. One of the conditions to close title to the CRA property and City Lands which make up the Project is the delivery by Block 77 of a statutory surety bond, which is likewise a requirement for the residential building to be built on Block 77 guaranteeing completion. This condition precedent has rendered completion unfeasible heretofore since bonds could not be issued by sureties until all of the architectural plans are finalized. This was not possible until the parking garage for Block 69 was designed and approved. An agreement was recently reached with the CRA and the City that modifies this condition which will now allow Block 77 to close on the CRA property and the City Lands. In addition, we are pleased to report that an architectural firm has now been engaged to prepare the final plans for the residential building to be constructed on Block 77. We anticipate those plans will be completed by the year end. A condition of approval to obtaining a building permit for the construction of Worthing Place on Block 77 has been tl1e prior requirement of obtain,ing the Certificate of Occupancy for the parking garage to be constructed by Block 77 on Block 69. The Block 69 parking garage will be deeded by Block 77 to the City, at no charge to the City, to be utilized as a City parking garage before any permits may be issued for construction of the Worthing Place residences on Block 77. Surely the City will appreciate that financing for the completion of the parking garage on Block 69 could not be obtained unless there is an ability to provide lenders with a high level of comfort that the residential building on Block 77 can and will be built. Obviously, a lender would not commit to make a loan on a parking garage on Block 69 which must be turned over to the City at or about the time that the approvals for the rest of the project have O:\MORW008\FLADOCS-#241953v3 (Version 4).DOC Mr. Paul Dorling Jqovenlber16,2005 Page 3 of 3 expired. So as to allow a lender to avail themselves of this security under commercially reasonable standards, we are asking for a two (2) year extension in deference to the anticipated construction time for the residential building. Thus, without an extension of the approvals for all three (3) entitlements, our ability to complete the garage would remain impaired. Block 77 holds three (3) different development approvals for which extensions are requested. The extension request must be heard before three different boards. These complexities are further evidence that Worthing Place differs from other projects and why more time is necessary for a project of this magnitude. If any fee is required pursuant to this request, please let us know and the proper fee will be forwarded to you immediately. Please also let us know all respective dates that these extension requests will be heard. I am confirming with you that the Conditional Use Extension request for Block 77 will be heard by the City Commission, that the Site Plan Extension request for Block 77 will be heard by the Site Plan Review and Appearance Board and the Block 69 parking garage site plan will be heard by the Historic Preservation Board. We respectfully request that the City Commission hearing be scheduled first, the Site Plan Review and Appearance Board be scheduled second and the Historic Preservation Board be scheduled third. Thank you very much for your consideration of the foregoing. ve<ytrU1~\ . ~ s. wmn~)o/lNNJ\ Mi MSW:ek:vf Cc: Susan Ruby, Esquire Mr. William Morris Mitch Kirschner, Esquire Jason S. Mankoff, Esquire Ms. Ashlee L.Vargo r 0:\MORWOO8\FLADOCS-#241953v3 (V=;on 4).DOC ~ , FpLANNINd ANDZONlfr~G CITY OF DELRA Y BEACH BOARD ---5T AFF REPORT --- December 13, 1999 V.C. Conditional Use Request to Allow Within the CBD (Central Business District) a Building Height of 60 Feet for a 6-Story Mixed Use Building (Residential/Retail) and to Allow the Residential Units to Exceed 30 Units per Acre for Worthing Place, Located South of E. Atlantic Avenue, Between S.E. 1st Avenue & S.E. 2nd Avenue. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: \ Owners............................ Block 77 Development Group, L.C., Community Redevelopment Agency, City of Delray Beach, Grip Development Inc. Applicant........................ Block 77 Development Group, L.C. Agent.............................. Michael Weiner, Esquire Location.......................... South of E. Atlantic Avenue, between S.E. 1st Avenue & S.E. 2nd Avenue Property Size.................. 2.37 Acres Future Land Use Map..... Commercial Core Current Zoning................ CBD (Central Business District) Adjacent Zoning....North: CBD East: CBD South: CBD West: OSSHAD (Old School Square Historic Arts District) Existing Land Use........... Paved Parking Lots, 1-story Veterinary Clinic, 1-story Commercial Building (Computer Parts Outlet), and Vacant Land. Proposed Land Use........ Conditional Use Request to allow within the CBD a building height of 60 feet for a 6-Story mixed use building (residential/retail) and to allow the residential units to exceed 30 units per acre Water Service........:........ Existing on Site. Sewer Service................. Existing on Site. tIS I--- ~ I-- ~ I-- El N.W. 2ND ST. N.E. "'0 ST. , I II.{ < < 0 ~ " - oJ " Z ~ N.W. 1ST ST. '-. Il" ,I II- 1/= t:: c OLD ITTIJJJ5d ~ [ill] SCHOOL 11' SQUARE ATLANTIC AVENUE [ll] lIIII] ill I II L , ~- < , ......, , = i S.W.1STST. S.L _ ~ ST, - ~~zITIJI] _ _ ~ - = 0 - - .... ~ oJ ~ ~ " - z ;: ;l: I--- VI S.W. 2ND ST. S.L ~2~ 1 ST, I--- ITDJ I--- ~ .J.JJ.J ~ = " .- < - ,,- ~I- 0 . ~- t= ~ ~ I-- ::fL- S.L I- ST, S.W. 3RO ST. JRO t= I--- - I--- E l- .- - V.C. ,< ( ( \ I I The action before the Board is making a recommendation to the City Commission on the following requests for Conditional Use approval pursuant to LOR Section 2.4.5(E): ~ to allow a density over 30 units per acre in the Central Business District (CBD) and ~ to allow for a building height of up to 60 feet. The requests are in conjunction with Worthing Place, a proposed mixed-use development to be located south of Atlantic Avenue immediately south of Worthing Park, between SE 1st and 2nd Avenues (approximately 2.37 acres). I I The development proposal incorporates the following properties located within Block 77 of the Town of Linton plat: the south 59.84' of Lots 4 - 6, Lots 7-10, the north 50.5' of Lot 11, Lots 13-16, and portions of the easUwest and northlsouth alleyways abutting the referenced properties. The development area consists of City-owned parking lots, CRA-owned vacant parcels, and four other privately-owned properties which include a 50-space parking lot associated with the GRIP building, a veterinary clinic, a consignment shop, and a cornputer parts outlet. The northeast portion of the site (City parking lot) once contained the kitchen area of the Casa Delray Hotel, which was constructed in 1 925 and occupied the existing Worthing Park site. The 53 room hotel was a combination of three and four stories in height, with a dining and dancing terrace on the top floor. At that time, Block 77 had commercial development fronting on Atlantic Avenue with the balance of the block (south of the easUwest alley) containing single family residences. The hotel was demolished in 1968 and the property was acquired by the City for an urban park and parking. Block 77 has been considered a prime block for redevelopment for many years. In March 1996, a response to the CRA's request for proposals was received from SIRS, Inc. (Social Issues Resources Series, Inc.), a publishing company. The proposal was to relocate the company's headquarters from Boca Raton to Block 77, in a two-phased developrnent. Phase I was to include the south two-thirds of the Block and consisted of a six-story 64,000 sq.ft. office building and a separate two-story 36,000 sq.ft. building to accommodate storage, printing operations and related loft office space, south of SE 1st Street. Also included was a 230-space surface parking lot located north of SE 1st Street, and 60 spaces on the south side of the printing operations. Phase II was to consist of the north one-third of the Block (existing Worthing Park and GRIP building) and included 92,000 sq.ft. of floor area in two separate structures, with 27,000 sq.ft. of retail space on the first floor, and 65,000 sq.ft. of office space divided between the second and third floors and lofts. Also included in Phase II, was a 310-space multi-story " Planning and Zoning Board $t'lff Report . Conditional Use Request -(thing Place Page 2 ( parking facility to be constructed above the SIRS surface parking area. The six-story office building stepped-back every two floors in a wedding cake fashion. The proposal required additional land acquisition by the CRA and public funding for the parking garage, thus, the project did not materialize. SIRS plans to locate on an alternate site on Congress Avenue. In 1998, the CRA issued another request for proposal for Block 77, for a mixed-use (residential and commercial) development. In September, 1998, three responses were received. As required by the RFP, each proposal accommodated relocation of the 63 existing City parking spaces as well as improvements to Worthing Park, to make it function more as an urban parle The following is a brief description of the RFP responses: Block 77 Develooment COfTJoration: The development proposal consisted of 219 residential rental units and 12,000 sq.ft. of retail space on a site comprising most of Block 77, and Lots 20-22, Block 69. Forty-six (46) of the 219 units were to be located on Block 69. The building height was to be 48'. In addition to replacing the 63 City spaces, 44 additional public spaces would be provided (107 total). Further, as the proposal included the 50-space GRIP parking lot, those spaces as well as an additional 50 (100 total) would be provided for the GRIP building. Forty (40) of those spaces would be made available to the public during the evenings and weekends. These spaces were to be provided within the ground floor parking area. P.A. C. Land Develooment COfTJoration: The development proposal consisted of 240 residential rental units and up to 9,600 sq.ft. of retail space on a site comprising all of Block 77 except for the GRIP building and Worthing Park. The building height was to be approximately 60'. In addition to replacing the 63 spaces, 51 spaces would be provided for GRIP. The public parking was to be accommodated through dedication of right-of-way and the installation of 39 on- street/parallel spaces along SE 1st and 2nd Avenues, with the 24 remaining spaces to be provided on the ground floor of the proposed structure. Parkland COfTJoration: The development proposal consisted of 58 residential condominium units and 7,000 to 12,000 sq.ft. of retail space on a site comprising only the City and CRA land offered in the RFP. The proposed building height was 60' and did not include abandonment of the adjacent alleys. This proposal replaced the 63 spaces with an additional 24 spaces possible with public participation/funding. At its meeting of October 8, 1998, the CRA Board reviewed the three proposals. On October 13, 1998, there was a joint work session with the CRA and City Commission to review the proposals. On October 22nd, the CRA ranked the Block 77 Development Group's proposal as the number one proposal. " .Planning and Zoning Board,5'!'lff Report Conditional Use Request -( thing Place Page 3 ( On March 27, 1999, a charrette was held at Worthing Park to gain consensus on a development plan for improvements to the park. At its meeting of August 30, 1999, the City Commission and CRA held a joint work session with respect to the contracts for Worthing Place. During the meeting there were numerous concerns raised with regard to the improvements to Worthing Park, the project density, and the time frame for construction. There were also discussions regarding the developers proposal to potentially increase the number of units up to 236 due to the construction costs with the subgrade public parking. Subsequent to the work session, various changes were made to the plan which included construction of a parking garage for GRIP and public parking on Block 69, and the elimination of most of the sub-grade parking. Some of the units that were to be located on Block 69 were transferred to the Block 77 building. The draft agreements were modified accordingly, and included a clause that construction of the Block 77 development could not occur until a Certificate of Occupancy is issued for the parking garage on Block 69 and the garage is deeded to the City. In October, conditional use applications were submitted to allow the residential units to exceed 30 units per acre (219 units) and to allow a building height up to 60'. In conjunction with the conditional use applications, a text amendment to the OSSHAD (Old School Square Historic Arts District) zoning district regulations is being processed to include Lots 19-24, Block 69, Town of Linton, as properties that could be developed per the CBO zoning district regulations. The purpose of the LDR amendment is to accommodate the GRIP/public parking structure. On November 2, 1999, the City Corn mission approved the sales contract and associated agreements to allow the proposal to go through the development review process. I I The conditional use requests involve the establishment of a mixed-use (residentiallretail) building on Block 77 with a maximum building height of up to 60' and a density that exceeds 30 units per acre (92 du/ac). The development proposal incorporates the fOllowing: >- Demolition of the existing improvements which include Ascot Veterinary CliniclConsign-N-Oesign (Lot 16), Computer Parts store (Lot 10), City parking lots (Lots 7 and 13 and the southern portion of Lots 4-6), and the GRIP building private parking lot (Lots 8 & 9); >- Abandonment of portions of the north/south and eastlwest alleys located within the block (to be processed as a separate application); >- A new mixed-use project comprised of a 6-story retail/residential apartment building and 6 level parking garage. The building will consist of 12,292 square feet of retail Planning and Zoning Board S.'.q.ff Report . Conditional Use Request -( thing Place Page 4 " ( (ground floor) and 219 units with a mix of 87 1-bedroom units, 124 2-bedroom units, and 8 3-bedroom units. The 6-level parking garage will be located at the southeast portion of the building and will contain 400 parking spaces (to be part of the residential building) with primary access from SE 2nd Avenue, and a secondary access point for residents from the alley to the south; . ~ Amenities for the residents to include a pool, spa, clubroom, health club with men's and women's locker rooms, and a business center; ~ Pedestrian entrances to the building are at the mid point of the structure on both SE 2nd and SE 1st Avenues. Elevators are to be provided at both entrances, with a third elevator available from the parking garage; ~ Off-site loading for the retailers is to be accommodated within the alley and a proposed service court located behind the GRIP building. On-site loading for the residential units is to be from a service gara.ge area that contains a service elevator. Off-site loading zones are proposed within SE 2nd Avenue adjacent to the service garage and on SE 1st Avenue; ~ Installation of 9 off-site parking spaces within the SE 1st Avenue right-of-way and 5 new off-street parking spaces within SE 2nd Avenue right-of-way; ~ Installation of decorative pavers and street lighting to match that of Atlantic Avenue, from Atlantic Avenue to the south end of the project along both SE 1 st and 2nd Avenues; ~ Pedestrian access provided from SE 1st Avenue to Worthing Park via a 5' wide sidewalk that is to be installed adjacent to the service court behind the GRIP Building. The public parking and the GRIP parking spaces that are being eliminated with this development are to be replaced by a 202-space parking garage, which is to be located on the west side of SE 1s Avenue across from the Worthing Place project. The garage will be constructed by the Block 77 Group and deeded over to the City. The site plan for the garage will be processed as a separate application. The applicant has submitted a development narrative, which describes the development proposal as follows: The Block 77 Development Group ("Group" has assembled a series of properties contiguous to the Delray Beach Community Redevelopment Agency ("CRA" and City owned properties to provide a functional downtown neighborhood on approximately 3 acres. The development plan will include 219 luxury multi-family retail apartments and approximately 12,300 sq. ft. of upscale retail space that will front on Worthing Park and continue along SE 2"d Avenue. Planning and Zoning Board ,s!'1ff Report . Conditional Use Request -( rthing Place Page 5 Through the combination of two separate unobtrusive parking garages, Group is able to accommodate the parking requirements of the multi-family and retail uses as well as replace the 63 open parking spaces currently owned by the City. Worthing Place will provide 400 residential and retail parking spaces in a structured parking facility attached to the residential apartment structure. In addition to the residential and retail parking, Group will build a 202 space public parking garage on Lots 20,21, and 22 of Block 69, directly west of Worthing Place. This parking garage will be built prior to the commencement of construction on Block 77 and will provide the City 107 parking spaces for its exclusive use 24 hours a day, seven days a week, 365 days a year. Further, upon the completion of the public parking garage, Group will deed said garage to the City. In addition the '107 exclusive parking spaces, the City will have access to an additional 40 spaces from 6:01 p.m. through 7:59 a.m. Monday through Friday and 12:01 p.m. Saturdays through 7:59 a.m. on Mondays. These 107 exclusive and 40 non-exclusive parking spaces are in addition to the 16 new on street parking spaces which will be built along SE 1st and SE -z>d Avenues. The residential component of Worthing Place includes 219 luxury mufti-family rental apartments in courtyard settings. Each residential aparlment will face on one of the following: Worthing Park, SE 1st Avenue, SE -z>d Avenue or an intemal courtyard featuring lush tropical landscaping and a pool. The residence structure features an architectural theme in soft exterior colors to complement the ambience of the City. Worthing Place will feature an "on the Avenue lifestyle" amenity package for its residents which includes a pool, spa, health club, locker rooms and business center. The building will feature a main entrance on SE -z>d Avenue, and a secondary entrance on SE 1st Avenue, both of which will be secured. Each resident will have direct access to the residential parking garage through locked and secured entries into the garage on each floor. The retail and residential structure is recessed off of the property line of Worthing Park and will not disturb the present use of the park. In addition, the building has several architectural details, which keep the scale of the building similar to that of other Atlantic Avenue structures. The third, fourth, and fifth floors are tiered back off of Atlantic Avenue in a "wedding cake" style mitigating the street-side impact. Further, the sixth floor is setback beyond the parapets of the fifth floor to create true internal units, which will not be visible from Atlantic Avenue. The one, two, and three bedroom apartments will range in size from 774 (one- bedroom) square feet to 1,475 square feet (three bedroom)* and are anticipated to rent between $1,150 and $1,900 per month. All marketing data indicates that the residential component of Worthing Place will realize absorption or lease up rates of 20-25 units per month. Each of the apartment types will vary in size and layout including the size and shapes of the balconies. Further, the two bedroom apartments feature double master bedroom designs in keeping with the upscale nature of the development. All . Planning and Zoning Board p-~ff Report Conditional Use Request -( thing Place Page 6 apartments will feature 9' ceiling heights, built in kitchen cabinets, moldings and complete laundry facilities. The complex will have trash chutes as well as a loading area with separate service elevator at the southeast comer of the facility. These facilities will reduce the impact on the building's two passenger elevators during move-ins. The retail portion of Worthing Place will contribute to the daytime and evening culture of the "Avenue" as well as bring additional excitement to the City's dynamic downtown environment. Based on current market comparisons and trends, we anticipate the retail rents will be approximately $30.00 per square foot on a triple net basis. 'See the section of this report addressing required Performance Standards for updated information on unit sizes. I I REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core) and a zoning designation of CBD (Central Business District). The zoning district is consistent with the CC Future Land Use Map designation. Commercial uses such as retail, restaurants and services are permitted in the CBD district, and residential density over 30 units per acre is aI/owed as a Conditional Use [LOR Section 4.4.13 (0)(15)]. Pursuant to LOR Section 4.3.4(J)(4)(b), a maximum building height of 60' may be approved by the City Commission pursuant to the processing of a Conditional Use. 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: Preliminary water and sewer plans have been submitted and the following is noted: Planning and Zoning Board )9.?ff Report . Conditional Use Request -{ rthing Place Page 7 ( o Water service is currently available to the site via an 8" main that is located along the east side of SE 1st Avenue, an 8" main located along the east side of SE 2nd Avenue, and a 2" main located in the easUwest alley that is situated behind the GRIP Building. o Sewer service exists to the site via an 8" sewer main that is located within the northlsouth and easUwest alleys, and an 8" main located within SE 2nd Avenue. As a portion of the alleys will be abandoned with this development proposal, modifications to the existing water and sewer mains will be required. Extensions of mains may also be required. This item will further be addressed at time of site and development plan approval. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out, and can service the proposed residential units and commercial development. Based upon the above, positive findings can be made with respect to these level of service standards. Drainaae: Preliminary drainage plans were submitted which indicate that drainage will be accommodated via an exfiltration trench system to be located within the ground floor of the parking garage and within the courtyard areas with a connection to the City's storm water system that is located within SE 1st Avenue. The specifics of the drainage will be addressed in greater detail during the site plan review process, however, there are no problems anticipated in accommodating on-site drainage. Thus, positive findings with respect to this level of service standard can be made. Streets and Traffic: This development proposal is anticipated to generate a total of 1,471 new daily trips resulting in an estimated 81 new trips per hour within the AM peak period (7 AM - 9 AM) and 108 new trips per hour in the PM peak period (4 PM - 6 PM). The traffic distribution is anticipated to be 90% to and from the north, primarily from Atlantic Avenue at SE 2nd Avenue. The study concludes that Atlantic Avenue will continue to operate at Level of Service (LOS) D with the additional project traffic through build-out (2002). The subject property is located in the City's TCEA (Traffic Concurrency Exception Area), which encompasses the CBD, CBD-RC, and OSSHAD zoning districts, as well as the West Atlantic Avenue corridor. The TCEA was established in December, 1995 to aid in the revitalization of downtown, with a purpose of reducing the adverse impacts of transportation concurrency requirements on urban infill development and redevelopment. These revitalization efforts are achieved by exempting development within the TCEA from the requirements of traffic concurrency. It is also noted that if the . Planning and Zoning Board(e;>'9ff Report Conditional Use Request - thing Place Page 8 development was outside the TCEA area the residential component would still be exempt from traffic concurrency under Palm Beach Traffic Performance Ordinance, which provides exemptions for infill residential developments east of 1-95. The City first accepted a lower level of service along Atlantic Avenue in the late 1980's, when it resisted the efforts of the Florida Department of Transportation (FOOT) to widen the road from two to four lanes. With the establishment of the TCEA in 1995 it was again acknowledged that the roadways within the downtown area would experience increased congestion and operate at a lower level of service than allowed elsewhere in the City. The TCEA report projects a reduced LOS for several roadways within the TCEA including LOS "E" for Atlantic Avenue between Swinton Avenue and US-1 and LOS "F" for Swinton Avenue between Atlantic Avenue and Lake Ida Road. The development of multi-family units (249 short term and 926 long term) within this Central Core sub area of the TCEA was contemplated and factored into these projected levels of service. Although the Worthing Place development is neither subject to traffic concurrency nor limited by conventional level of service thresholds, off-site impacts are expected to the intersections of Swinton, 1st, and 2nd Avenues and Atlantic Avenue. The AM peak period characteristics of the residential use (7 AM - g AM) are of minimal concern, as it will not conflict with the peak AM hour for Atlantic Avenue, which occurs between 11 :30 AM - 12:30 PM). The project's greatest traffic impact will occur during its PM peak period (4 PM - 6 PM) which overlaps with the downtown's PM peak of 3:30 PM to 4:30 PM. However, as discussed above, the increased congestion was anticipated and accepted with the adoption of the TCEA designation for the downtown area. While additional traffic will result from the project, it is anticipated that it will be mitigated in part by future residents finding alternative routes (via SE 1st Street) to avoid the congestion of Atlantic Avenue. Additionally, several modifications to the traffic circulation system are currently being contemplated by the City, including the change from one-way to two-way traffic for SE and NE 1st Streets, and the installation of round- abouts on Atlantic Avenue at Swinton and SE 2nd Avenues. These improvements will allow for alternative traffic routes going to and from the project, and will improve traffic flow through the intersections. Parks and Open Space: Park dedication requirements do not apply for the nonresidential uses (retail component of the project). The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build- out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to 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 $109,500 will be required of this development for parks and recreation purposes. Additionally, per the sales contract between the Community Redeveloprnent Agency (CRA) and Block 77 Development , Planning and Zoning Board[~ff Report Conditional Use Request - thing Place Page 9 ' ( Group, a contribution of $100,000 is required by the developer for improvements to Worthing Park. Solid Waste: Trash generated each year by the 12,292 sq.ft. retail space will be 62.68 tons of solid waste [12,292 sq.ft. x 10.2 Ibs. =125,378 Ibs.l2000 = 62.68 tons]. Trash generated each year by the 219 units will be 113.88 tons of solid waste per year (219 units x .52 tons of solid waste per year = 113.88 tons). The mixed-use development will generate a total of 181.2 tons of solid waste per year. Per the Solid Waste Authority, the trash generated by this proposal can be accommodated by existing facilities. Therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications (increase in density and building height) 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 and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is partially developed and contains several commercial buildings as well as surface parking lots. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use development. There are several large Oak and Mahogany trees on the property, many of which the applicant proposes to relocate elsewhere on the site or within the adjacent right-of-way landscape nodes if feasible. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year-round basis instead of seasonal, which provides economic stability for the area. In tenms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states as follows: 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 . Planning and Zoning Board(l".t;;!ff Report Conditional Use Request - thing Place Page 10 . ( 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 Worthing Place development will help to fulfil this stated land use need, and is therefore consistent with this policy. Commercial Core Future land Use Map Oesianation - The Future land Use Element (FLUE) describes the Commercial Core designation as follows: This designation is applied to the community's downtown area. It includes a substantial portion of the Transportation Concurrency Exception Area described in the Future Land Use Element and graphically shown in Figure L.B. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper storY apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and industrial/commerce type uses. Objective C-4 of the Future land Use Element states further that The Central Business district (CBD) represents the essence of what is Delray Beach i.e. a "vii/age like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective. Policy C-4.1 The Central Business District (CBO) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: o deletion of inappropriate uses o incentives for locatina retail on the around floor with office and residential use on upper floors o accommodatina parkina needs throuQh innovative actions o incentives for dinner theaters, playhouses, and other family oriented activities o allowing and facilitating outdoor cafes o incentives for mixed use development and rehabilitation o elimination of side yard setback requirements o allow structural overhang encroachments into required yard areas. The proposal is to provide an apartment complex consisting of 219 rental units that offer floor plans with a variety of sizes along with upscale retail space. The mixed-use building is consistent with the goal of accommodating a variety of uses within the downtown, particularly those that include a residential component. The provision of retail space will help to increase the employment base in the downtown, and the residential units will help to support the existing retail, service, and restaurant uses in Planning and Zoning Board ""'Iff Report . Conditional Use Request - ( thing Place Page 11 . the area, which are still somewhat affected by a seasonal clientele. The project is consistent with this objective to revitalize the City's central business district. The language in the Comprehensive Plan that characterizes Delray Beach as a "village- like community by the sea" stems from the Visions 2000 Assembly, which was a three- day workshop held in May of 1988 to develop a shared set of goals and a general mission statement for the City's future. The assembly focussed on several issues, including community character, downtown revitalization, community and cultural resources, the City's gateways (Le. North Federal Highway and West Atlantic Avenue), infrastructure planning and finance, and land use. The conclusions and recommendations from the workshop were articulated in a policy statement. While the community character section lists the City's "unique village square atmosphere" as an asset that should be retained, there are several other recommendations in the report that emphasize the revitalization of the downtown in a manner that would seem to promote a more urban character. For instance, there are recommendations to: explore the development of a moderately sized convention and civic center in the downtown; increase residential densities in the CBD; encourage the development of dinner theaters, movie theaters, and playhouses in order to stirnulate evening activity; consider the use of tiered parking garages with rnixed use development; develop entertainment facilities and upscale retail stores in the CBD; remove parking requirements for new residential development above commercial uses; review and revise constraints that discourage rnixed-use development in order to encourage such development; encourage residential uses above parking facilities; pursue the establishment of a campus for Palm Beach Community College in Pineapple Grove; create a number of parking structures throughout the CBD in order to provide incentives for development; and a recommendation that the City adopt a developer approach in planning and developing the City, including a statement that government regulations should have a positive influence on the redevelopment of the downtown and should not be an inhibiting factor. The language regarding the village by the sea character of the downtown was adopted in the City's 1989 Comprehensive Plan, as were many of the recommendations intended to promote the revitalization of the downtown. For many years subsequent to the Visions 2000 Assembly there was little activity downtown, and Delray continued to struggle with its image as a blighted community. There were two failed attempts to lure a major department store, Jacobson's, to the downtown. This effort, as well as the 19ge effort to establish the SIRS headquarters on Block 77, were also geared more toward the development of a thriving urban center than the maintenance of a small town atrnosphere. In the mid 1990's the downtown began to see increased redevelopment activity, much of which was made possible by the changes that had been implemented as a result of Visions 2000. Services currently offered on or around Atlantic Avenue, such as specialty art galleries, high-end restaurants, cultural facilities (Old School Square Museum & Miami City Ballet), high-tech schools (Palm Beach Photographic Institute), and numerous banking & financial facilities, are more typical of urbanized cities than a village or small town. Planning and Zoning Board,St"ff Report . Conditional Use Request -{ rthing Place Page 12 ( One of the main characteristics that distinguishes Delray Beach from other South Florida cities and gives it rnore of a small town feel than cities such as Fort Lauderdale, Boca Raton, and West Palm Beach, is the relatively low scale of the buildings. Fort Lauderdale's downtown allows building heights of 150', and in certain sections no height limit applies. Similarly, areas of downtown West Palm Beach allow up to 15 stories, and other areas are designated as having no height limit. Boca Raton allows buildings of up to 100' in height, with building step-backs of varying ranges as the height increases. In Delray Beach's CBD, a height of 48' is permitted, which can be increased to a maximum of 60' under certain circumstances and with conditional use approval. Buildings of this height can best be characterized as mid-rise, as opposed to the high-rise structures that are permitted elsewhere. The 60' height limit has existed since the mid 1980's, and was in effect during the Visions 2000 Assembly. Except for the portion of the CBD east of the Intracoastal Waterway, which was limited to 48' in 1990, there has never been a proposal to reduce the height limit for the rest of the CBD, even after the village-by-the. sea language was adopted. Recently, a bank/office building and a residential building have been approved for heights of up to 60 feet, with no public opposition. Mid-rise buildings of this nature have not been considered as inconsistent with the character of downtown Delray Beach. It should be noted that there are small villages and towns all over the world (particularly European villages) that have dense, compact development that is considered to be part of their charm. Perhaps what most people would recognize as Delray's "village by the sea" character is Atlantic Avenue itself. It is a well-defined main street, with a variety of different shops, restaurants, and other uses, most of which are one or two stories in height. It has a unified streetscape of palm and oak trees, decorative light poles, and paver block sidewalks. The architectural character is varied with no specific "theme," which also adds to the charm. The buildings are for the most part constructed at a zero side setback, resulting in continuous block-long facades. All of this creates an inviting environment for pedestrians, with plenty to keep the interest at eye level. Worthing Place will not detract from the ambiance of Atlantic Avenue. The project will be set back 85 feet from Atlantic Avenue, behind a public park with mature trees, and will have little impact on the look or feel of the Avenue. The design of the project along SE 1st and 2nd Avenues varies so that it has the appearance of being different buildings. The SE 2nd Avenue fayade has retail storefronts along the north half, and the garage will have windows for store displays. The SE 1st Avenue fayade will have landscaped, fenced residential yards in front of the individual ground floor units. Both streets will be heavily landscaped with palms and shade trees, and the paver blocks and lighting that exists along Atlantic Avenue will be extended down these side streets. There is enough detail and variation along the facades at the street level to keep the height and length of the building from seeming repetitive or overly imposing to the pedestrian. . Further, the concept of a village type development should not focus only on the size and scale of buildings, but also on the sense of community that exists in a small town. Right now the vast majority of people who visit the central business district do not live within its borders. This project will place 219 households right in the heart of downtown. Planning and Zoning Board StCiff Report , Conditional Use Request -(thing Place Page 13 ( These people will be able to walk to shops, restaurants, cultural venues, parks, and the beach. They will interact on a regular basis with the storekeepers and employees, their neighbors, and others who frequent the area. They will get to know the downtown rnuch more intimately than the majority of Delray residents. They will become major participants in, and contributors to, the downtown community. In summary, the Worthing Place development is consistent with and will further the objectives of Future Land Use Element Policy C-4.1 Transportation Element Policv 0-2.2 - Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. Bicycle parking is provided within the parking garage just north of the main entrance and along the west side of the building (north end). Therefore this policy has been addressed. Open Space and Recreation Element Policv A-3.1 - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes the following: that households located in the downtown are likely to have fewer children than those located in suburban settings; that land in the central business district is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc.; and, that there are other cultural and recreational opportunities located in the downtown that are not readily available to residents of suburban apartment complexes. Some of the recreational, cultural, and open space opportunities located in proximity to Worthing Place include: Veteran's Park, located six blocks to the east, which includes a large playground and recreational area; the Atlantic Ocean, approximately Y. mile to the east; the City's Tennis Center, approximately 4 blocks to the west; Old School Square Cultural center, located one block to the north; the Milagro Center, located approximately one block to the southeast; and Worthing Park, which is immediately adjacent to the project along the north side. Based on the above, it is appropriate to waive this requirement. Housina 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: Planning and Zoning Board "'!;jff Report . Conditional Use Request -r :thing Place Page 14, ( Housinq Element Policv B-2.2 . The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. This project will not be excluded to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by households with children. This complex will primarily accommodate young and middle-age professionals. As allowed by this policy, it is appropriate that there not be a requirement to provide 4 bedroom units and activity areas for children. Housinq 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 development proposal complies with this policy as it provides the desired type of residential development within the CBD. Housinq Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. 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. This project is located within the first block of the downtown, which is largely commercial in nature. There are some residential structures located across SE 1st Avenue from the project, and just south of SE 1st Street, however, these areas are zoned for mixed or commercial uses, and several conversions from residential to commercial use have occurred or have been proposed in recent years. The nearest predominantly residential neighborhood is located south of SE 2nd Street. While this project may add some trips in this area, the impact will be negligible and will not affect the stability of any residential neighborhood. Planning and Zoning Board(Staff Report . Conditional Use Request -ihing Place Page 15 ( In terms of safety, introducing a residential component to the downtown will likely improve the stability of the area. It will introduce more night time activity, and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity. The project will not create any odors or noise, and in fact may block some of the noise that is generated by downtown outdoor entertainment venues from being heard by residents to the west. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Structures in the CBD may generally be no more than 48 feet high, unless conditional use approval is granted to go up to 60 feet in height. Height is measured from the crown of the road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed residential building has a flat roof, and will measure 59' 6" to the top. Pursuant to LDR Section 4.3.4(J)(4)(b), the City Commission can approve the increase in height request based upon a finding of compliance with each of the enumerated criteria listed below (i, ii, iii). (i) That the structure is to be located in one of the following geographical areas: (9) Area "I" - all property within the CBD (Central Business District) except for property lying east of the Intracoastal Waterway. The subject property is zoned CBD and is located west of the Intracoastal Waterway. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) An increase in intensity is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area. The increase in height is requested to accommodate residential use on the top floor of the structure, thereby meeting this requirement. (iii) That the increase in height is based on or will result in one or more of the following: : Planning and Zoning Board Staff Report . Conditional Use Request -( ;thing Place Page 16 / \ (1) A demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary; or (2) That 75% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; or (3) That for each floor in height above 48', an additional building setback of two feet is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines (i.e. front, side, and rear). The proposal meets criteria number 1 above. Pursuant to the Standard Building Code for Construction, Section 1203.2, occupiable rooms and habitable spaces shall have a ceiling height of not less than 7'_6". Corridors, bathrooms, toilet rooms kitchens, storage rooms and laundry rooms shall be permitted to have a ceiling height of not less than 7'. Based on the above, the 6-story structure could be built within 48'. The applicant has indicated that: the increase in building height to 59'-6" is to increase the floor to ceiling heights of 9'-0" for the residential units and 10'-6" for quality retail space. The additional floor to ceiling height will provide additional volume for the upscale luxury units. The 9' ceilings will be provided in the living rooms, dining rooms, and bedrooms. Only the hallways and bathrooms will have a dropped ceiling to accommodate plumbing, fire lines, AC ducts, etc. A finding of compliance with the enumerated criteria listed above can be made to support the request to allow a structure that is greater than 48' in height. LDR Section 4.4.13(1) (Performance Standards) (I) Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than thirty (30) dwelling units per acre. 1) Residential development may exceed thirty units per acre as a conditional use only on property located south of N.E. 2nd Street and north of S.E. 2nd Street. The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. , Planning and Zoning Board(Staff Report Conditional Use Request - rthing Place Page 17 / .. \ The subject property is located south of Atlantic Avenue between SE 1st And 2nd Avenues and is within the designated area that allows the residential density to exceed 30 units per acre. The 219 unit project represents 92 units per acre. The analysis with respect to LDR Section 4.4.13(1) (Performance Standards), and the Land Development Regulations is provided below. 2) The applicable performance standards for development under this section are as follows: a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. In structures having more than two stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. Worthing Place design reflects the "new Mediterranean" architecture which incorporates the Palm Beach Mizner style and coastal architecture throughout South Florida. The elevations vary from one side of the project to the other relating to its contextual surroundings, however there are similar architectural characteristics. The structure has more than two stories, therefore the upper levels of the building have been stepped back in some areas to decrease the perception of bulk. Along the north fa<;ade the 3'd through 6th floors have been stepped back to create a "wedding cake" effect. In addition, the entire 6th floor has been stepped backed to where it will be minimally visible from adjacent rights- of-way. In addition, the facades of the building are varied and offset. The parking garage is set back 7 feet from the residential portion of the building. The floors above the entrance ways (2nd through 5th) are set back approximately 30' from the building line. Along the south falfade, the residential building is separated from the parking garage by a 28' wide courtyard that is recessed approximately gO' from the rear of the garage. Architectural detailing includes raised banding, decorative louvers, metal railings, decorative spires, faux columns, and accented tile facades. Variation in window treatments have been provided. This includes square windows, windows that contain fixed glass on one side of the window, and arched windows. In some areas where the windows are the same style and size, variation is provided by adding different treatments around the windows such as score lines, raised stucco banding and canvass awnings. Metal seam roofs with wood trellises address the residential style along the west elevation, while Spanish tile roofs and canvas awnings reflect the retail aspect of the multi-use project on the east falfade. . Planning and Zoning Board(Staff Report Conditional Use Request ~ 1hing Place Page 18 The parking garage is of a somewhat different architectural style than the main portion of the building, which provides yet another element to minimize the feeling of a long continuous fac;:ade, and adds to the diverse architectural character of the building. While no window openings are proposed along the south fac;:ade of the parking garage, faux windows are created by score lines, and raised banding, which provides relief to what could have been a blank wall. Based on the above, this Perfonmance Standard has been met. b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The building includes an attached parking garage which, while different in style, provides for a unified design with the main structure by using similar building materials, arched details, railings, and raised banding. Display windows are proposed along the ground floor of the garage that can be utilized by the retail tenants and to announce happenings in and around the development. These windows will obscure the parked vehicles from the streetscape. The upper levels are designed in a manner that will also obscure vehicles from being readily visible from the street. A 17' building setback is provided in front of the garage along the SE 2nd Avenue fac;:ade. Substantial landscaping will be planted within this setback area, which will also help to obscure the openings to the garage. Based on the above this Perfonmance Standard has been met. c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. All of the units are designed as flats. The development proposal provides for a wide variety of floor plans having various sizes. The unit mix includes 87 1- bedroom, 124 2-bedroom, and 8 3-bedroom units. Eight (8) floor plans are provided for the 1-bedroom units with square footages ranging from 639 sq.ft. to 825 sq.ft.. Six (6) floor plans are provided for the 2-bedroom units with square footages ranging from 982 sq.ft. to 1,232 sq.ft. The 3-bedroom units contain 1,416 . Planning and Zoning BOard(''''ff Report Conditional Use Request -_ thing Place Page 19 c sq.ft. The project does not include any efficiency or studio type units. Based on the above, this Performance Standard has been met. d) The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi.family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of 9 feet or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. A floor plan has been submitted which indicates the units will contain the following features: ceiling heights of 9 feet (excluding kitchen and baths), ceramic tile in kitchen, bathrooms and foyers, Roman tubs, decorative moldings at the baseboards and door casings, dishwashers, double sink with garbage disposal, panel doors, electronic security system, built-in lV in each kitchen, and an individual washer & dryer for each unit. The proposal provides the desired features described in this standard, and therefore complies with this standard. e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. The proposal provides common areas consisting of three interior courtyards, which are to be extensively landscaped. One of the courtyards will contain a pool and spa. On the ground level of the residential building, a health club with locker rooms, clubroom and business center is proposed and have been designed with a view and entrance to the courtyard containing the pool and spa. Each floor contains a tenant storage area. Further, a covered parking garage is provided. Based on the above, this standard has been met. f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (Le., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting. etc.). A pedestrian system that promotes convenient access from the residential units to the public sidewalks has been provided. This is accommodated by: the Planning and Zoning BOard("'t'lff Report . Conditional Use Request - , thing Place Page 20 _. ( installation of sidewalks from the ground floor units to the adjacent public sidewalk along SE 1st Avenue; increased sidewalk widths at the main building entrances; and increased sidewalk widths in front of the retail space located along SE 2nd Avenue. Access through the park to the retail space is provided as well as a sidewalk connection from the park to SE 1st Avenue. The residential units located on the ground floor level along the north side of the building have access to this public sidewalk via a courtyard gate. The provision of a parking garage helps to minimize conflicts with vehicles and pedestrians as it eliminates numerous ingress/egress points that typically exist with large surface parking lots. The parking garage is designed with a main entrance onto SE 2nd Avenue and a secondary entrance from the alley on the south side of the building. This entrance should experience little or no conflicts between pedestrians and vehicles. While the main entrance to the parking garage will cross a public sidewalk, it is for a short distance and is unavoidable. The public streets located adjacent to the project I.e. SE 1st and 2nd Avenues are enhanced in a manner consistent with the downtown area. The landscape plans indicate that a decorative paver sidewalk will be extended from Atlantic Avenue to the south end of the project. In addition, landscape nodes will be installed within the adjacent rights-of-way as well as new on-street parking spaces. Lighting fixtures to match those found on Atlantic Avenue are also proposed. Based on the above, this Performance Standard has been met. g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. This project maximizes opportunities for shared access and parking. The mixed- use building contains a parking garage that will share spaces between its uses. The sub-level and ground level of the garage will be unsecured for use by the retail space and the public at large. Fourteen (14) new on-street parking spaces will be created within the adjacent rights-of-way for use by the public. Further, as discussed earlier in the report, a 202-space parking garage is proposed for Lots 20,21, and 22, Block 69, directly west of Worthing Place. This parking garage will be built prior to the commencement of construction on Block 77 and will provide 95 parking spaces for the GRIP building, which is 45 spaces more than are currently in the GRIP parking lot. The garage will also contain 107 public parking spaces that will be available 24 hours a day. In addition, 40 of the GRIP spaces will be available for public use from 6:01 p.m. through 7:59 a.m. Monday through Friday and 12:01 p.m. Saturdays through 7:59 a.m. on Mondays. In terms of shared accessways, the project will share a service/loading court with the GRIP building. Based on the above, this Performance Standard is met. h) Projects fronting on Atlantic Avenue, N.E. 1st Street, or SE 1st Street contain nonresidential uses on the ground floor. The nonresidential ground Planning and Zoning Board ;;'-'''lff Report . Conditional Use Request - ( thing Place Page 21 '. . ( floor space has ceilings not less than ten (10) feet in height. At least fifty percent (50%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commerciall!ses from outside the building. While the subject property does not front directly on Atlantic Avenue it faces the Avenue from behind a public park. The project provides nonresidential uses on the ground floor, with ceiling heights of 10'6". More than 50% of the front surface wall of the nonresidential portion is devoted to display windows and entrances. Therefore this standard is met. SECTION 2.4.5{E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, south, and east by CBD zoning and to the west across SE 1 st Avenue, by OSSHAD zoning. The adjacent land uses include: to the north, Worthing Park and The GRIP Building; to the south, consignment shops and a proposed Haitian museum; to the east across SE 2nd Avenue, Grove Square, which is a commercial development containing retail space, restaurants, and a proposed 4-story office building; and to the west across SE 1st Avenue, two single family dwellings, vacant property, and a single family"dwelling that has been converted to an office. It is noted that the public/GRIP parking garage is intended to be built on the space currently occupied by one of the single family homes and the vacant property located on the west side. The east half of Worthing Place is located approximately 85' south of Atlantic Avenue, and the west half is behind the GRIP building and the access alley. The proposed setbacks either meet or exceed the requirements in the CBD zone district. The building fa~ade that fronts along Worthing Park is set back 5' from the south edge of Worthing Park. The upper levels are stepped back further as follows: the 3rd and 4th floors step back 10' from the front building line, and the 5th floor steps back an additional 6' (16' total). Along the north property line, building setbacks ranging from 5' to 28' have been provided. Along the west property line setbacks ranging from 10' to 14' are provided. Along the east property line setbacks range from 10' to 17'-6". Setbacks along the south property lines range from zero to 5', with a recessed courtyard that is set back 139'. The entire 6th floor has been stepped back as follows: approximately 28' from the north fa~ade, approximately 34' from the east and west facades, and approximately 10' Planning and Zoning Board P'-qff Report . Conditional Use Request-L __ thing Place Page 22 ( from the south building line. The stepping back of the sixth floor will make it almost invisible from the line of sight at street level along Atlantic and SE 1st and 2nd Avenues. Along the east side of the building the facade extends for 368', which comprises approximately 61 % of the block length. On the west side the facade is 332' long, which is 55% of the block. A continuous facade of this length is typical of an urban setting and is no different than the block-long facades of buildings located along Atlantic Avenue, which Jlives the Avenue its sense of definition. The provision of retail storefronts along SE 2n Avenue will help to draw people off of the Avenue and onto the side streets, which has been a goal for the continued stability of the downtown. As described in the Performance Standards section of this report, the facades are broken up by the provision of interesting architectural details and off-sets to the planes of the buildings to give it character. Along SE 1 st Avenue the residential character of the street is enhanced by the provision of courtyards with j'icket fences and sidewalks that connect the units to the public sidewalk. Along SE 2n Avenue, the building has been designed to place its parking garage and retail uses along a street that contains Grove Square which contains retail, restaurants and a proposed office building component. The height of the building will be compatible with the 48' high GRIP building, the proposed 48' high office building at Grove Square, and the 32' high Masonic Lodge building across SE 1st Avenue. As noted elsewhere in this report, the stability of residential neighborhoods will not be affected by this project. The stability of the downtown area will be significantly enhanced by the addition of 219 households that will patronize area businesses and contribute to the long term revitalization of the downtown. They will help to create a demand for goods and services that are currently not readily available downtown, such as clothing stores and food markets, which will enhance commercial rents and property values. Regarding the project's compatibility with some of the commercial uses that contain outdoor entertainment venues (City Limits, Elwood's), the project has been designed so that only 20 of the 219 units will immediately face the east side. The windows and doors on these units should be equipped with double pane glass to provide additional sound buffers. As described in the Streets and Traffic section of this report, the project is located in the TCEA. The TCEA was created to acknowledge that the downtown would experience heavy traffic. Traffic in downtown has increased significantly since the mid-1990's when the revitalization began to take off, and it has not at all deterred people from visiting the central business district. Stop and go traffic and congested sidewalks are indicative of successful, healthy downtowns, and tend to attract more people and greater investment in the area. This residential development will primarily impact the late aftemoon traffic, otherwise, its traffic will occur mostly during the downtown's off-peak hours. . Planning and Zoning Board ""'.'Iff Report Conditional Use Request -C thing Place Page 23 / L COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which has been reviewed by staff. If the Conditional Use is approved, a full site plan submittal complying with LOR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Parking Requirements: The development proposal includes 219 residential units and 12,292 sq. ft. of retail space. The parking requirements for a mixed-use project located in the CBO are calculated as follows: Step 1: The base parking requirements for each use in the project are determined individually. These are shown in the following table: Base Parkina Reauirements Use Parkin a Reauirement Spaces Reauired Residential Units 787)1 bedroom units 1.25 SDaces Der unit 108.75 1132\ 2+ bedroom units 1.75 SDaces oar unit 231.00 Guest Parkinq Units 1-20 .5 Der unit 10.00 Units 21-50 .3 Der unit 9.00 Units 51-219 .2 oer unit 33.80 Sub Total 392.55 Retail Snace 12,292 sa. ft. 1 SDace Der 300 sa. fl. 40.97 Step 2: Pursuant to LOR Section 4.6.9(C)(8)(a) Shared Parkina, the minimum parking requirement for buildings in the CBO district which contain both residential and commercial uses is determined by the peak parking demand period. The peak demand period for this project is Midnight to 6:00 AM. The applicable percentage demand for each use during that time period is 100% for residential and 5% for commercial/retail. These percentages are applied to the base requirements for each use in the project as follows: Mixed-Use Shared Parkina Reauirements Use Base Reauirement % Shared Reauirement Residential 392.55 100% 392.55 Retail Soace 40.97 5% 2.05 Total 394.60 Rounded up 395.00 Step 3: Pursuant to the Supplemental District Standards for the CBO in LOR Section 4.4.13(G)(1)(b), ''After January 1, 1994, when the parking requirements are applied to either new development or a change in use, said parking . Planning and Zoning Board 5"'lff Report Conditional Use Request -(thing Place Page 24 ( requirements shall be reduced by one parking space. This reduction may only occur once." Applying this standard to the project yields a final parking requirement of 394 spaces. All required parking for the project is located in a 400-space multi-level garage on SE 2nd Avenue. This garage utilizes a staggered floor system with ramps at each end and includes a basement level and 5 levels above grade. The entrance is located on the south side of the garage on SE 2nd Avenue. Overall, there are 105 parking spaces located on the ground floor and the basement levels. The proposed plans indicate a security gate located at the entrance ramp to the upper parking tier of the ground floor level. This gate will be required to be relocated to the second floor ramp in order to provide adequate parking for commercial customers and residents' guests. The remaining 295 spaces are secured "residents only" parking. These spaces are located on the 2nd through 6th floors and will be controlled by the relocated security gate. Given the demand for parking downtown in general, there is a concern that the unrestricted parking on the ground and basement levels of the garage will become part of the general parking supply for the downtown and be over-run by non-project parkers. Since the project employs a shared-parking arrangement, this condition may result in insufficient resident parking at times. The situation should be monitored closely after the project is completed and if it becomes a problem, some type of controlled access must be put in place. This is added as a condition of approval. Compact Parkina: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The proposal includes 115 compact parking spaces located throughout the garage. This represents 28.8% of the total spaces and meets the requirement. Handicapped Accessible Parkina: Pursuant to LDR Section 4.6.9(C)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. This code covers the commercial part of the mixed-use project, but does not cover residential structures. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, 2% of the parking spaces serving the dwelling units must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. These regulations result in a total requirement of 10 handicapped accessible spaces for the project. The proposal includes only 8 handicapped spaces, all of which are located on the ground floor. The distribution of these spaces should be further evaluated in order to comply with the applicable regulations in order to enhance accessibility. This item can be addressed with the site plan review. Planning and Zoning Board?''iff Report Conditional Use Request -\-.. ,thing Place Page 25 i l_ On-Street ParkinQ Although not counted toward meeting the parking requirements for the project, an additional 14 public parking spaces are being provided by the developer along SE 1st and SE 2nd Avenues. Although available to the general public, these spaces should help meet the shorter term parking requirements of residents, guests and commercial custorners of the project. A maximum time limit of two hours during the daytime should be imposed by the City to prevent long term parking. Stacking Distance: Pursuant to LOR Section 4.6.9(O)(3)(c)(1), parking lots that contain more than 51 parking spaces must provide a stacking distance of 50' between a right-of-way and the first parking space or aisle way. The applicant will seek an internal adjustment to this requirement during site plan review. The parking garage contains 400 parking spaces and a stacking distance of 22' has been provided. It should also be noted that the traffic lane of SE 2nd Avenue is located 37' from the first parking space. This will accommodate stacking for two vehicles at the entrance. To help mitigate some of the traffic at the SE 2nd Avenue garage entrance, a secondary entrance has been provided from the rear alleyway. There are no drive aisles or ramps intersecting the main entrance within 50' of the right-of-way. In fact, the sub-level ramp has been shifted further into the garage to reduce traffic conflicts. This ramp is located 64' from the right-of-way. Within the first 50' of stacking area, potential conflicts exists with only 3 parking spaces. Therefore a conflict will occur only when someone is accessing one of these spaces at the same time that more than 2 vehicles are entering the garage at the same time. Parking is at a premium in around the downtown area, and this development has provided all of its required parking on site. Given the minimal potential conflicts within the first 50' of stacking area and the high cost of garage construction, the elimination of the first three parking spaces in the garage is unwarranted. Maneuvering Area: Pursuant to LOR Section 4.6.9(O)(4)(c), the maneuvering areas at the end of a dead- end parking bay shall be 24' wide by 6' deep. This requirement has been met on the 6th floor level where a dead-end parking bay exists. Additionally, there are dead ends in the basement level of the garage on both parking bays at the east end of the building. In each case a space has been striped out to provide adequate back-up space for turning movement. This item will be further addressed with the site plan. Lighting: A lighting plan has not been submitted at this time. A photometric plan is required as a part of the site plan review submittal. One concern that must be addressed at that time Planning and Zoning Board ~!gff Report . Conditional Use Request -C thing Place Page 26 c is lighting for the top level of the garage. Lighting must be integrated into the building. No pole lights extending beyond the parapet will be allowed. Right-at-Way Dedication: Per LOR Section 5.3.1 right-of-way dedications to meet minimum standards must be made with all developments, unless a waiver is granted. Pursuant to LOR Section 5.3.1 (0)(2), the required right-of-way width for SE 1 ST and 2nd Avenues is 60' and 50' currently exists along SE 2nd Avenue and only 40' exists along NE 1st Avenue. For existing streets where the right-of-way does not meet the minimums, reductions may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG). The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that the existing right-of-way width of 50' is sufficient for SE 2nd Avenue and 40' is sufficient for SE 1st Avenue. Sidewalks: Pursuant to LOR Section 6.1.3(B)(1), a 5' wide sidewalk is required within the rights-of- way adjacent to the properties. While concrete sidewalk exists along both rights-of-way, they will be reconstructed with brick pavers. The existing sidewalk located along SE 1st Avenue will be reconstructed on the subject property adjacent to the right-of-way. This configuration is proposed as the right-of-way width is only 40' and on-street parking spaces are being created. The applicant must provide a sidewalk easement agreement for public use of the sidewalk. This item has been attached as a condition of approval. Landscaping: The proposed landscaping along the perimeter of the building is being installed at a height greater than required by code (i.e. 18'-20' versus 12'). The Planning and Zoning Board at its workshop meeting voiced concerns that if this material dies in the future that the replacement plant material be at the same height as originally installed. This item has been attached as a condition of approval. The City Horticulturalist reviewed the preliminary landscape plans and noted some concerns with the species selection and possible conflicts with the proposed landscape material along the fa9ade of the building and within the adjacent proposed landscape nodes. This item can further be addressed at time of site plan approval. Expiration at Approval: Pursuant to Section 2.4.4.(E)(2), upon approval of a conditional use said action shall be valid for a period of 18 months, unless a different period is specifically stated in conditions of approval. In order to be considered as established, improvements comprising 25% of the total project cost shall have been constructed. This project includes all improvements on Block 77 as well as the parking garage on Block 69. Per Planning and Zoning Board fi-'aff Report Conditional Use Request-{ 1hing Place Page 27 . . c the contract for the purchase of the property, the public parking on Block 77 cannot be eliminated until the garage on Block 69 is completed. These conditions will extend the time frame for construction of the Worthing Place project, therefore, the period for considering the conditional use as established should be extended to 24 months. Community Redevelopment A~ency (CRA) The CRA reviewed the conditional use requests at the meeting of October 28, 1999, and unanimously recommended approval of the project. Downtown Development Authority (DDA) The DDA reviewed the development proposal at their meeting of October 20, 1999. Their letter supporting the project is attached. Site Plan Review and Appearance Board (SPRAB): If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition, and addressing outstanding technical items. Final action on the site plan will rest with the SPRAB (Site Plan Review and Appearance Board). Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations which have requested notice of developments in their areas: ~ Delray Beach Chamber of Commerce ~ Progressive Residents of Delray (PROD) ~ Beach Properties Homeowners Association ~ The Delray Beach Community Redevelopment Agency ~ Pineapple Grove Main Street Association ~ President's Council ~ Osceola Park Homeowners Association Planning and Zoning Board f'taff Report Conditional Use Request -( 1hing Place Page 28 - (~ I I The proposed conditional uses are to allow for a mixed-use building having a height in excess of 48 feet (59'-6" proposed) and to allow for a density over 30 units per acre within the CBD zone district. As described in this staff report the request for additional height meets the criteria established in 4.3.4(J)(4)(b). The increase in density over 30 units per acre is supported as the project meets or exceeds the Performance Standards found in LDR Section 4.4.13(1). The combination of housing units in and near the downtown area and first floor retail space will help in the long term revitalization of the CBD. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed development with surrounding properties. It is noted that pursuant to Section 4.4.13(1)(1), despite the fact that the project meets the performance standards, the Board may deny the application for increased density if it is detenmined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. A. Continue with direction. B. Recommend approval of the Conditional Use requests to allow for a building height of up to 60' and a density over 30 units per acre for Worthing Place, based upon positive findings with respect to LDR Section 4.3.4(J)(4)(b) (Findings for Height), LDR Section 4.4.13(1), (Performance Standards for Increase in Density over 30 units per acre), Section 2.4.5(E)(5) (Required Findings for Conditional Use), Chapter 3 (Perfonmance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use requests for Worthing Place based upon a failure to made positive findings with respect to LDR Section 4.4.13(1) (Performance Standards for Density), and Section 2.4.5(E)(5) (Required Findings for Conditional Use), in that the project is incompatible in tenms of building mass and intensity of use with surrounding development. I I By separate motions: 1. Recommend approval of the request for Conditional Use approval for Worthing Place to allow a height of 60' based upon positive findings with respect to LDR Section 4.3.4(J)(4)(b) (Height Allowance Criteria) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and Planning and Zoning Board(c::taff Report . Conditional Use Request - thing Place Page 29 ---- ( 2. Recommend approval of the request for Conditional Use to allow a density over 30 units per acre within the CBD zone district for Worthing Place based upon positive findings with respect to LDR Section 4.4.13(1) (Performance Standards for Density), Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan; Said approvals to be subject to the following conditions: o Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan. o That the elevations be in general conformance to the elevations submitted with the conditional use requests. o That the public parking and parking for GRIP that currently exist on Block 77 be replaced in the proposed Block 69 parking garage, pursuant to the terms and conditions of the CRA/Block 77 Development Group contract. o That an easement agreement be executed for the proposed improvements (service court) behind the GRIP Building. o That an easement agreement be executed for the public sidewalk that is to be located on the subject property along SE 1st Avenue. o That the unsecured parking within the residential/retail garage be evaluated approximately one year after the project is substantially occupied (75%), in order to assess if the parking should be restricted to use by residents and the project's commercial customers only. o That if any of the streetscape plant material dies that it be replaced at its original installation height. o That the time frame within which the conditional use must be established be 24 months. o That double pane windows and doors be provided in the residential units that front along SE 2nd Avenue, or that another method of sound control be approved by SPRAB. Attachments: . CBO Overlay Map Where Increased Height and Density is Allowed . Adjacent Building Heights Map . Site Plan . Building Elevations . Landscape Plans . letter from ODA . letter of Objection from Resident PZ:BLOCK77 "- I DIJJ [[[]] n: ~il ~0<" , @ot < [ill: '5' 5' rn::illJ ~- 81' :IT ;; 5' "iIf'lffl; ~ ~ I ~_ - ~ f .~[]J];~ ~ ,..:\-- <( "I-- I ~ DQ ~~ ~ ~ N.E. ~ f- - f-' f-~ f- ~ f-!!-W. JRD ~~ ~ ~ ~ ~~ tIE. I-- ~W. 2ND ST "- W "- ::> z w > ~ " -'~~ w . OLD SCHOOL _DID SQUARE '" N PLANNING DEPARTlAENT CITY OF DElRAY BEACH, Fl - - DIGITAL BASE MAP SrsTEM -- 'lH L.JL,d ;>. ~ ~ H.E. , -, I-- ~ '-., ~ '== - '-.,~ I f-- -~ "- ~~ob ~~.B ~ "- 1"- Z~ == ~ == ~ ,'-.,. ~ "- "- ::",~ vf'l.S ,~I " z "- " '" A '"' " ~ "- a z '" ~ 8:; "f.[ L ~ "- . "- "- "- "- w ATLANTIC ., ,,'till N ~ N' 'i-.: "- "- 5' o ~ ~~ "- "- "- "- "' " "- "- . 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I , ~ !1~;IJlrli I " ," , ;1" !! i _ I' I'll" II i ! 'I I'll I I I ! ' ~ .! I , , II' "11 "'I II ~il I 11 .I! 111 ii;ll a III J J!:~!~ I . ~. f ~ t ~ f' ! -, 'hiP, i r Ii ' .- f i lfi ! II !', . " " " ~ .il .2 16 .~ i~ ~ .~ " x c . . ::(~ i ~ I \ 1 en J ::l '" '" ." Ii: z ~If cdj~' ~! if -; ~. il ' ! 1\\ i ~ ..J 1/=== T~R -? ~i J..1'LlNTIC AVENUE NEW RENTAL APARTMENT BUILDING WORTHING PLACE CrTY OF DElRA Y BEACH, R..OAIDA COHEN. FREEDMAN. ENCINOSA & ASSOC. Arcbitects, P A 808S N.W. !55th Street Miami Lakes. Florida 33016 305.826.3999 , . , , ; , ~'")~ <~'"" .~~ #~<J+-7:7 ~ ! i ~ ! l i ~ ~ ~ 0 -- " " . .~ , i , I ( . ( , ~ .; ," j I. ~-.,,' .'''-'" i i ~\ ] .i! , tI ~~. .' ~ . . = ~ i ~ i [J' :. . . i <$f ___-L~_ ,~ !;;~i:~ ~i~~ ~i!i~ .t , ;!ji~ ~~ . - ill~ , ~ CY1 I' .-- .1 l 'J .;Ll . .~ ~ '. il 2 o ~ " 2 Ii ( ~ . ;, ;1 Ii I ~ ~ I ~ I ~ ~ I . I I ~ . , > I I , i ~ i g .1 ~~ . 1i;1l-Siz ~~~>~ >.0 6Z!~ ~~~. t:~~~ -;:j-,'" ~;!~~ ~~~~ ~S~~ ~ ~~., ~ .~ ,~ ,. Q! . tl ~ , "' ~ % ~ :!>: i~ >, ~~ < . ~ . eflii 3'~ os 8 ~~~~ . ~~~ j~~ ~!~ ~~~ o 0 o .' :u1l'l'iIAV ::n.LNV"LLV il!! l:li I~ ~,'B1 H~! ,,,~~RI UhU ~I ~( ~~~ I ~: I ,,"U. II { " :: "'. " I ~ !is [I] Iiii' j'I~~~~ .r' i!:I!'1 ,n~ . I I!~l. ~ ~1I Illlil ~ . = = Ie ."~ I,[i 'j jj H ~ I I --........-......-~. '.'- WORTHING PLACE Dekay Beach. Florida OVERALL SITE ILLUSTRATIVE PLAN ... .' . ~-:t < J ~ ~~ [f] lim~ ~ l~J ...... if~I!, ! l' ,~" ~ I I!"l' . ..', tv :.,' .'1 I,!'! ' j I l!, I , ] I. ( _I I , ! I ! ~vb , ' k [ j'.. ,> Ii I ,; , I J . ' I : __~__~_ .,--,---1-. ,.. WORTHING PLACE Delray Beach, Florida CENTRAL COURTYARD ILLUSTRATIVE PLAN ~ ~ Ij II ~;! Hit i i!!i.1EIiI ~m il ai~~ ~~j iE J ! Sl<:!O ,dhl l; ~~ ;!=; 3t~l::~t h ~~ n r.tl ;i~'~i .! l :.: ~ ~~~ ::i ~ f <: IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO BLOCK 77 DEVELOPMENT FOR HEIGHT AND DENSITY (THE EXTENSION REQUEST) ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on January 17, 2006. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Block 77 Development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(2). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. In making a determination under LDR Section 2.4.4(F)(2) the Commission shall consider the following regarding the diligence and good faith of the Developer: When the construction commenced; The extent to which construction has proceeded; ~\.\~ ~-~CY.t The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Has the Developer shown diligence and good faith to commence and complete construction of the Block 77 Development Project? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted. 8. 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. 9. Based on the entire record before it, the City Commission approves _ denies _ the conditional use extension request to allow the previous conditional use approval to be valid until September 30,2007. The City Commission hereby adopts this Order this _ day of January, 2006, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin City Clerk 2 SECTION 2.4.4 (E) (4) (4) Abandonments. Final Plats. Variances: are final actions which run with the land. [Amd. Ord. 46-95 9/5/95] (a) Once approved by the City Commission, the final plat must be recorded within eighteen (18) months. If the final plat is not recorded within eighteen (18) months, the approval expires. [Amd. Ord. 46-95 9/5/95] (b) A final plat may be vacated by action of the City Commission [See Section 2.4.5(L)]. [Amd. Ord. 46-95 9/5/95] (F) Extensions: Extensions may be granted to a previously approved application listed under Subsection (E)(2) pursuant to the following: (1) General: (a) A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; (b) The letter must set forth the basis and reason for the extension; (c) The extension shall be considered by the same body which granted the original approval; (d) The extension, if granted, shall be for eighteen months unless otherwise stated; (2) Construction has Commenced: When there are substantial improvements on the site but the 25% establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation pursuant to subsection (3), which follows, shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. In considering "diligence and good faith", the granting body shall consider: * When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); * The extent to which construction has proceeded; * The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. 2.4 - 33 ~-~~\DV ~'\.~ SECTION 2.4.4 (F) (2) A failure to obtain an extension under this subsection does not preclude an application for an extension under subsection (0)(3) which follows. (3) No Construction: When the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(8); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. (4) Litioation Preventino Construction: When a lawsuit is filed against the City, a developer, owner or applicant challenging the granting of a development approval by the City as listed under Subsection 2.4.4(E)(2), an extension of the development approval shall be granted without further review. The extension of time shall be effective until the litigation is concluded. Provided, however, in no event shall the extension of time exceed seven (7) years from the initial date of approval of the development application. If the litigation is not resolved within a maximum of seven (7) years from the initial date of approval, the developer, owner or applicant shall be required to follow Section 2.4.4(F) (1), (2) or (3). The litigation shall be deemed to be concluded after all appeals have been exhausted and a Final Order/Decision from the Court having jurisdiction over the matter has been entered. This subsection does not apply to lawsuits filed by the developer, owner or applicant against some other party, nor does it apply in any way to allow the developer, owner or applicant to extend the 18 month deadline because of financial issues. [Amd. Ord. 10-02 3/5/02]; [Amd. Ord. 59-01 12/4/01] However, in order to be eligible for an extension of time, the developer, owner or applicant seeking an extension must send written notification and documentation that shows ongoing litigation to the City within 30 days of the service of the suit, unless the City is a party to the suit. Except that, Subsection 2.4.4(F)(4) shall also apply to those development applications that were approved by the City prior to the adoption date of this ordinance, which approval is still valid in that the approval period has not expired, but construction has not commenced as litigation over the approval of the development 2.4 - 34 SECTION 2.4.4 (F) (4) application has prevented the commencement of construction. In order to qualify under this exception provided for in this paragraph, the developer, owner or applicant must provide the required notification/documentation to the City within 30 days of the adoption of this ordinance. [Amd. Ord. 10-02 3/5/02]; [Amd. Ord. 59-01 12/4/01] Section 2.4.5 Procedures for Obtainino Development Approvals: (A) Amendments to the Comprehensive Plan: shall be processed pursuant to Article 9.2. (B) Developments of Reoionallmpact (DRI): (1) Rule: When a development application is for a project which is at a presumptive threshold or up to 20% above a numerical threshold in guidelines and standards in F.S. 380 or administrative rules promulgated thereunder, the applicant shall be required to submit and receive a determination from the Department of Community Affairs as to whether or not such development is a development of regional impact as defined by F.S. 380.06. When such a determination has been made that the DRI process pursuant to F.S. 380.06 must be followed or for a DRI where the applicant has waived the right to request a binding letter, then any development application sought from the City for such DRI shall be accompanied by and filed simultaneously with an application for development approval (ADA) seeking development of regional impact review pursuant to F.S. 380.06. (2) Procedure: The ADA shall be processed simultaneously with the development application. Procedures which are established for the categories of development application shall be followed. No final action shall be taken by the City on any City development application for the project until the City is in a position to concurrently act upon the application for development approval (ADA). (C) Annexation of Territorv: (1) Rule: The owner of land may seek the annexation of contiguous property, under his ownership. The City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. Further, the City may initiate annexation of property pursuant to Florida Statutes. [Amd. Ord. 2-95 1/17/95] (2) Reauired Information: A request for voluntary annexation shall be in the form of a Petition to the City Clerk in which a request for annexation is made. The Petition must identify the property to be annexed by legal description and must state the desired zoning. A voluntary annexation petition must be accompanied by a zoning application. In addition to information required for the zoning action, an exhibit, prepared by a licensed surveyor, which shows the points of contiguity shall be provided. 2.4 - 35 [IT' DF DElRA' BEA[H DELRAY BEACH I '" A ta!!t.d AII.America City , III I! 100 f'~\t,j 1st AIfFi'.jUE DELHAY BEACH, FLORIDA 33444 MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM; qi!i Robert A. Barcinski Assistant City Manager DATE; January 11, 2006 SUBJECT; A!!enda Item City Commission Meetin!! January 17. 2006 Approval Downtown Marketin!! Co-operative A!!reement ACTION City Commission is requested to consider approval of the attached Downtown Marketing Co- operative Agreement (formerly known as the Joint Venture) with the Community Redevelopment Agency, Downtown Development Authority and Chamber of Commerce. BACKGROUND In September 2005 the Joint Venture through the Community Redevelopment Agency hired LJ. Craig and Associates, Inc. (Dr. Lindsey C. Willis (SPHR)) to conduct an organizational audit of the Joint Venture and to make recommendations. In addition to recommendations concerning organizational structure the audit covered ManagementlLeadership, Human Resources and Job Duties, External Environment, Project Management and Facilities. Dr. Willis recommended that the name of the organization be changed to better reflect what it does, to add board members (currently three) and to include the City as a voting partner. By approval of the attached agreement the City would become a voting partner with the City Manager or his designee serving on the Board. I have attached for your review the section of the report concerning organization structure along with an organization chart. RECOMMENDATION Staff recommends approval of the Downtown Marketing Co-operative Agreement between the City, Community Redevelopment Agency, Downtown Development Authority and Chamber of Commerce contingent on approval by the other three (3) Boards. File:u:sweeney/agenda Doc: Downtown Marketing Co-operative Agreement @ Printed on Recycled eaper THE EFFORT ALWAYS MATTERS of< t~ 561/243-7000 qc- DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT THIS AGREEMENT is made this day of , 2006, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA", the DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY, hereinafter referred to as the "DDA", the GREATER DELRAY BEACH CHAMBER OF COMMENCE, hereinafter referred to as the "CHAMBER", and the CITY OF DELRAY BEACH, hereinafter referred to as the "CITY". WIT N E SSE T H: WHEREAS, the CRA is a Community Redevelopment Agency created pursuant to Florida Statute Chapter 163 and has as its purpose the redevelopment of portions of the City of Delray Beach located within its geographically designated redevelopment area; and WHEREAS, the DDA is a special taxing district created by special act of the Legislature of the State of Florida and the DDA is responsible for the economic development of the geographic area defined pursuant to its Charter; and WHEREAS, the CHAMBER has as one of its primary missions the providing of support to the economic community within Delray Beach; and WHEREAS, the current members of the Joint Venture, the CRA, DDA and CHAMBER, which will become known as the Downtown Marketing Co-operative desire the CITY to become a fulllvoting member; and, WHEREAS, the CITY due to its relationship with other members of the Co- operative are desirous of becoming a full member. WHEREAS, the area within the CBD Zoning, OSSHAD Zoning District, General Commercial Zoning District, and the Community Facility Zoning District running from 1-95 to NW and SW First Avenues, along Atlantic Avenue to Ocean Boulevard includes Pineapple Grove and NW/SW 5th Avenue and lies within, or as a part of, the geographic areas which the parties hereto conduct their respective activity within; and, WHEREAS, the parties hereto have heretofore joined forces to develop and administer as a joint venture a Program for downtown Delray Beach, and that they desire such venture to continue for an additional year. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. The name of the Joint Venture shall be changed to the Downtown Marketing Co-operative (the Joint Venture). 2. Term. The term of this Agreement shall be on a calendar year basis commencing January 1, 2006 and ending December 31, 2006, unless extended in writing by all parties hereto sixty (60) days prior to the execution of the Agreement. 3. Board of Directors. Quorum. and Votina Reauirements. Each of the parties hereto shall appoint delegates being (i) the Chairman of the Chamber of Commerce or in his absence a Chamber Officer, (ii) the Chairman of the DDA or in his absence the Vice Chairman, (iii) the Chairman of the CRA or in his absence the Vice Chairman or First Vice Chairman, (iv) the President of the Chamber of Commerce, the 2 Executive Director of the CRA, and the City Manager or his designee. The Board, which shall consist of six (6) members, shall have full authority and control to administer the affairs of the Downtown Marketing Co-operative. A quorum for all meetings of the Downtown Marketing Co-operative shall require majority attendance of the Board of Directors and all decisions with respect to the affairs of the Downtown Marketing Cooperative shall be by unanimous vote of the Board of Directors. 4. Duties and Responsibilities. The duties and responsibilities of the Board are included but not limited to the following: a. Approval of the Annual budget b. Hiring and/or termination of the Executive Director c. Approval of all expenditures d. Approval of all contracts e. Approval of all policies and procedures governing the Downtown Marketing Co-operative f. Strategic Planning g. Setting and review of annual goals and objectives h. Annual performance review of the Executive Director 5. Staffina. The Downtown Marketing Co-operative agrees that its day-to. day affairs shall be administered by a staff person to be known as the Executive Director. For employment purposes, the Executive Director and other staff necessary to conduct the activities of the Downtown Marketing Co-operative shall be deemed employees of the Chamber of Commerce and the Chamber of Commerce will be responsible for all compensation, insurance, taxes and reporting requirements relating 3 to their employment. The Downtown Marketing Co-operative will reimburse the Chamber of Commerce for salaries and benefits. 6. Financial and Other Support. The parties to this Agreement agree to provide financial and other support to the Downtown Marketing Co-operative in support of the mission as follows: A) CRA - The CRA agrees to provide a cash contribution as agreed upon in the annual budget process. B) DDA - The DDA agrees to provide a cash contribution as agreed upon in the annual budget process. C) Chamber - The Chamber agrees to provide a cash contribution as agreed upon in the annual budget process as well as in kind services to include telephone, bookkeeping, secretarial, and computer services, as well as supplies, use of other existing office equipment and other administrative support as may be needed. D) City - The City agrees to provide in kind services in support of events sponsored by the Downtown Marketing Co-operative as well as those sponsored by the City and for which by contract the Downtown Marketing Co-operative provides support. 7. Termination - Any party may terminate its participation upon giving sixty (60) days written notice to the other parties; provided however, the party(ies) who terminate(s) pays its prorata share of expenses incurred through the effective date of termination. 4 8. Office Location. The Downtown Marketing Co-operative shall maintain its office for the period of this Agreement at the offices of the Chamber of Commerce, 64 SE 5th Avenue, Delray Beach, Florida. 9. Applicability of Sunshine Law. The parties hereto agree that the conduct of the affairs of the Downtown Marketing Co-operative shall be in accordance with Florida Statute Chapter 286.011 governing the Sunshine Law and that the records of the Downtown Marketing Co-operative shall be deemed Public Records pursuant to the Florida Statute Chapter 119 and administered accordingly. 10. Authorization to Obtain Liability Insurance. The Downtown Marketing Co-operative is hereby authorized, subject to budgeting funds therefore, to acquire such liability insurance as its Board of Directors deem appropriate for the protection of the Directors and the parties hereto. 11. Law Governinq Downtown Marketina Co-operative. This Downtown Marketing Co-operative shall be governed by and construed in accordance with the laws of the State of Florida. ATTEST: COMMUNITY REDEVELOPMENT AGENCY Secretary By: Print Name: Title: (SEAL) 5 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of as , 2006 by of corporation, He/She is personally known to me or has produced as identification. on behalf of the corporation. Notary Public - State of Florida ATTEST: DOWNTOWN DEVELOPMENT AUTHORITY Secretary By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2006 by of as corporation, HelShe is personally known to me or has produced as identification. on behalf of the corporation. Notary Public - State of Florida ATTEST: GREATER DELRAY BEACH CHAMBER OF COMMERCE Secretary By: Print Name: Title: (SEAL) 6 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this , 2006 by of day of as corporation, is personally known to me or has produced as identification. on behalf of the corporation. He/She Notary Public - State of Florida ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Print Name: Jeff Perlman Title: Mayor (Seal) Approved as legal sufficiency and Form: By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this , 2006 by of day of as corporation, me or has produced on behalf of the corporation. He/She is personally known to as identification. Notary Public - State of Florida 7 Meeting Date: Agenda Item: January 12, 2006 -- Summary -- AGREEMENT FOR "DOWNTOWN MARKETING CO-OPERATIVE" (FORMERLY KNOWN AS THE DOWNTOWN JOINT VENTURE) The CRA has been a partner in the Downtown Joint Venture since it was established in 1992. The purpose of the organization is to market the downtown, primarily through the special events such as Art & Jazz on the Avenue, 4th of July festivities, the 100' Christmas Tree, etc. The CRA and other Joint Venture partners, DDA and Chamber of Commerce, pool their resources to fund the organization's staffing and administration. The City of Delray Beach has up to now not been an official partner, but has contributed to the partnership through the provision of staff and organizational support for the various events. The Joint Venture recently commissioned an organizational audit which was performed by L. J. Craig and Associates. The Joint Venture has experienced a high degree of turnover among support staff since its inception, which was beginning to hinder its effectiveness. The purpose of the audit was to evaluate the organizational structure, review the existing jobs and job descriptions, and examine the overall management and board make-up. Several recommendations were forthcoming from the audit, the most significant of which are as follows: . Change the name of the organization to Downtown Marketing Co-operative, which more clearly defines the rhission . Upgrade the responsibilities and pay ranges for the two positions that support the Executive Director. . Add the City as an official partner, since their contributions are so significant, and . Change the make-up of the board in order to improve organizational oversight by adding to its membership (which currently includes the Chairs of the DDA, Chamber, and CRA) three more positions: the Chamber President, the CRA Executive Director, and the City Manager or his designee. The attached agreement, which is for a 1-year term through December 31,2006 reflects these changes. The purpose and overall function of the organization remains essentially the same. Recommended Action: Approve the attached agreement for the Downtown Marketing Cooperative. Submitted By: Diane Colonna. Executive Director ORGANIZATIONAL STRUCTURE - COMMENTS The following is a summary of the comments made by the staff, and stakeholders. Overall, the structure and name of the JV needs to be changed. The Board needs to decide if after 13 years, it should still be called the Joint Venture. Even though the JV is a one-of-a-kind organization in the U.S., local citizens and merchants do not know what it does. One of the reasons there is confusion relates to the nurnber of City, Chamber, DDA and JV and other events that are held in the downtown area. There are conflicts and overlapping responsibilities amongst the various organizations. For convenience and bookkeeping purposes JV staff are on the Chamber payroll and are housed in the Chamber offices, however they are not Chamber employees. In addition to the JV, Marjorie serves as the part-time DDA Director, but other than Selma, her staff does do DDA work. There is no sign at the Chamber indicating that the DDA or JV are housed in the same building. It is also not clear to staff or others who Marjorie actually reports to. This is a very confusing arrangement but for many reasons it cannot be easily changed. There is some basis to consider eventually eliminating the JV altogether, keeping the same partnership arrangement between the various entities but transferring its functions to either the DDA or Chamber. That way the responsibilities could be better consolidated and staff could be employed by one or the other entity. However, this option has to be analyzed carefully given the unique nature of the JV's fund raising and events' management responsibilities. In the short term the organizational structure should remain essentially as it is but all entities need to work better as a team. This is especially true as long as JV employees are housed in the Chamber offices. Recommendations for Improvement - Oraanizational Structure 1. A suggested new organizational structure may be found on the following page. 2. Change the name to "Downtown Marketing and Event Cooperative" or something similar to this. The JV is not a descriptive term and is out of date. 3. The newly named organization needs to identify who its customers are. The organization is serving the City of Delray Beach employees, citizens, tourists, merchants, restaurants, and other stakeholders. It may well be the marketing arm of downtown with the global responsibility of bringing people to the downtown, but the staff really serve all of the above stakeholders. Therefore, changing the name is more descriptive. The proposed organizational chart reflects the various relationships and stakeholders and reflects the dotted line reporting relationships. 4. It needs to be clear that Marjorie reports to a Board of Directors that consists of the four entities that fund andlor support the JV (DDA, CRA, Chamber, and City). The current 14 size of the board is small (3 people) and does not include a City representative. It should be increased to include the following members: . DDA Chair · CRA Chair · Chamber Chair · CRA Executive Director · Chamber President · Assistant City Manager 5. The Board of Directors need to meet at a regularly scheduled time and place. Agendas and back-up should be distributed prior to the meeting with sufficient time allowed for review. Staff should attend the meetings and be given an opportunity to report briefly on their activities as an agenda item. 6. All of the stakeholders should meet to review this report, and make decisions as quickly as possible given that the new season is starting, and there will be two vacancies in the organization. Once the changes are made, a meeting should be scheduled with the various entities wherein everyone is told about the new name, new positions and changes. This will help mend some broken relationships and start to build good will. Given that the merchants do not like to pay for advertising or pay for both the chamber and other organizations, it has been hard to collect money from them. If they see that important changes have been made they may be less reluctant to contribute money and will be more positive and participative. If all entities start to work more like one big team then relations should improve. A new name, and new properly titled and paid positions should help with this. As stated previously, the Board of Directors need to hold Ms. Ferrer accountable for implementing the changes and improving how she manages and leads the organization. 15 ~ 'n; .c U ~ Q) .0 E '" .c U .. ,9 ~ en 11)- II) .~ "ii.~ E :g ell I!! III lIl'U CEil) III ~._ ~ J!Jt:emO~~t;~g,o em 0 2'U - Q) ';::...._ "0 co :; "00 _ g-.~ ::J 5"0 f6 "fij!~l; ~ Q)C3~->o ~> - Q) en Q) e Q)..z;. ~ :i~QiD;E1u 5 E =.e" <,.c o cO - Z ~~ Uu CI) > ;; e l! ::J CI) "0 0 ::J 0 bo en III c:.... o c: .- CI) ....> IllW N .- "C c: c: II III ... Oc: ~;; CI) CI) z~ "C III C1):!!: III c: o ~ o 0 ....... ll. c: ~ C I I I I '- \) I .~ - ~. 11 I LO .- ~ -c 0 111 ~j! I ~.~ 25 >> ..... I e<'e ~ .. - ~ a. ..... .. ~ .. ..... I > .. we J!! -a I 7ili ;:: 5l 'u ii: ~ I It .. ';> (/) z Q) I c::: I Q) > +J.... ~ ::> 0 ~.. ~o .., - E X Q) c ~ rJc~ W.: .. .. 'lii.1!1!; ct.::!: <(0 e- l!! U'~~ 0:: UJ-t! is <'e u ::!h. ~ ~"g '" =s:::Eo " u !:!ii~ .ll s .. c> ~w 0 Q ~ .. >> l!! a- .. 'n; a. .c .2 c.!! .. u nii:! .. '" (3 "i..lll:U ;:: IX;!. ~ 0 ~:&cn .Q z " a. 'OWE '- ~ Q) Q)Q).., .0 E.- E E III '" 0 ~ .cuD. U (1<, P4 MEMORANDUM TO: David T. Harden, City Manager FROM: Douglas E. Smith, Assistant City Manager~ DATE: January 13, 2006 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING January 17, 2006 Agreement -CGI Communications, Inc. ACTION The City Commission is requested to consider an agreement with CGI Communications Inc. to provide an online community video program for the City. BACKGROUND Under the attached agreement, CGI Communications (through their eLocalLink division) will produce an online video program to be linked to the City's web site that will highlight various aspects of our community such as businesses, education, recreation and housing. The agreement also allows the City to submit additional videos produced by the City which would be made available on the web. CGI has partnered with the Florida League of Cities (see letter attached). There is no cost to the City for the program. Under the agreement, eLocalLink is able to place business sponsors on the video program page (which is not on the City web site, but is linked to it). The program includes the ability to email video clips which can be used to send video information about the City to prospective businesses and to residents. As part of the agreement, the City agrees to provide an introduction letter to the program (draft attached). Other communities in Florida that currently have this video program on their web sites include the City of Melbourne and the City of Palm Coast. The agreement has been reviewed by the City Attorney's Office. In follow up to the December 6 Commission meeting, staff located another company that could provide a similar program. Scripted Improv Media, Inc. provided a proposal (copy attached) for producing and streaming videos about the City. The production cost for their services is $34,000, and they charge a $250 monthly fee. We would have to obtain our own business sponsors if we wanted to defray the costs. While the Scripted Improv production is very professional and interactive, there is a substantial cost. CGI provides the ability to host additional streaming video that we create without any additional cost while Scripted Improv charges a fee to add additional videos. RECOMMENDATION Staff recommends Commission consideration of the agreement with CGI Communications, Inc. to provide an online community video program for the City. c; Bob Barcinski Ivan Ladizinsky ~~ ,.,..-' ./ , - FLORIDA LEAGUE OF CITIES, INC. 301 South Bronaugh Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL32302-1757 (850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com November 24, 2004 Dear Key Officials; We are pleased to announce our exclusive partnership with e-LocalLink and CGI Communications. [nc on "Streamillg Video ApplicatiOlu" and "Decorative Ballller Programs." The FLC has negotiated a superb program for all Florida cities. Our partnership with e-LocalLink and CGI Communications will provide your city with both Streaming Video Applications and/or Decorative Ballllers, which will identify and promotc your web site address. Streaming Video will add impact to your web site as few other presentations can! Through our agrecment. e-LocalLink and CGI Communications will provide you with a Streamillg Video program at no cost to your city. This multimedia application will showcase and educate your online audicnce about your city. Want to see an example? Go to this web site: http;ffwww.greenwichct.org and click on "see movies about our town". e-LocalLinkfCGI has allocated resources for establishing pilot programs to build and unveil prototypes for their national market. Through our partnership with them, resources have been allocated to assist Florida municipalities. By enhancing municipal web sites with their superlative Streamillg Video technology, e-LocalLink will assist Florida cities while establishing a portfolio for their national market. They use these city sites to demonstrate the value of such technology for sales to the business sector. This is a win/win situation for Florida municipalities. your local businesses, the FLC, and c-LocalLinkfCGI. This does not require the city to promote CG[ or its services. This is a great opportunity to market your municipality in this highly technological era. This is an opportunity for every municipality in our state to demonstrate their assets and attributes in a way like never before. Want to learn more about this opportunity. Contact Frank Hagy, CIO for the League at 800-445-6248 Ext. 137 or email himatfhagy\<v.tlcities.com. ",,"01 """ 7fIJr Executive Director . . Attachment President Clay Ford, Mayor Pro Tern, Gulf Breeze Rrst Vice President Julio Robaina, Council President, Hialeah. Second Vice President Rene Rowers, Councilwoman, St. Petersburg Execuffve Director Michael Sittig. Genera/Counsel Harry Morrison, Jr. DATE Dear Delray Beach Area Business Owner: The City of Delray Beach, FL was recently introduced to a new internet project. When completed, this project will provide Delray Beach area businesses with another way to communicate with potential customers. The City of Delray Beach has accepted the services of Rochester, New York-based CGI Communications, Inc. (www.cgicommunications.com).eLocaILink.adivision of CGI Communications will produce an online video program that will highlight topics such as the Delray Beach area's business/industry, education, health care, recreation, and housing assets and attributes. It will now be possible for a limited number of Delray Beach businesses to share their story with visitors to the Delray Beach website by using video streaming. When the project is completed, Delray Beach's website (www.mydelraybeach.com) will serve as the entrance for Delray Beach's story on eLocalLink. The City of Delray Beach certainly wishes eLocalLink, a division of CGI Communications, Inc., well in this endeavor and looks forward to the final product. Sincerely, David T. Harden City Manager Community Movie Program . CGI Communications, Inc. 130 East Main Street, 8th Floor Rochester, NY 14604 }-800-398-3029 x204 Phon" 585-427-0020 Fax: 585-292-0602 II!- Address: David T. Harden City Manager 100 NW 1st Avenue COMMUNICATIONS. INC. e.LocalLinl< J!lLi tErnEt TV Name: Title: City, State, Zip: Deltay Beach, FL 33444 Phone: 561-243-7010 561-243-7199 Fax: Email: citvmanaaer@mvdelravbeach.com www.mvdelravbeach.com Website: This agreement is between CGI Communications, Inc. and Delray Beach, FL and shall remain in effect for a period of three years. The commencement date of this agreement shall be the date that the graphic link for the Community Video Panel is placed on the Delray Beach, FL website homepage. e-LocaILink, a divisoR of CGI Communications, Inc., shall provide the following: . Website Welcome video from your Mayor or other civic leader {approx. I minute} . Will highlight any aspect of your community and/or organization on the Community Movie (up to 10 chapter heading videos) . Consult with you to write your scripts . Corne to your location to film your videos . Professional voice-overs, script writing and background music. Video and editing; all aspects of post-production from raw footage to final video . Final draft of all content of the Community Movie for cities' approval The City shall have the final authority over what is displayed, broadcast or produced in reference to any material or data that may be reached through the e-LocalLink as it pertains to the City or any businesses in the City or doing business in the City. . Encode final video into multiple streaming digital formats to play on all computer systems, browsers and internet connection speeds, including both Windows MediaTM and QuickTimelM. To include patent pending One-ClicklM technology . Business sponsors allowed on the perimeter of video panels . Duration of sponsor participation will be one year and e-LocalLink is solely responsible for annual sponsorship fulfillment . Marketing, production, printing, and distribution are the sole responsibility of e-LocalLink . Store and stream all videos on our dedicated video server . HTML source code for graphic link to be prominently displayed on your municipality's website homepage and will include scrolling names of premier sponsors . In the event the City determines, in its sole discretion, that the link or any interface action taken in reference to this Agreement interferes with or creates a problem with the City's website, action may be taken by either party to immediately cease such interference. . Graphic link for municipal web site designed to coordinate with existing web site color theme . Delray Beach, FL will assume no cost or liability for the project . e'LocalLink will own copyrights of the master Community Movie Program Add-On if agreement is signed and received by 1/31/06: . Encoding, hosting, and streaming of additional 5 minutes of finished video per month. Finished videos will be provided to us by your organization. . Vmail and Desktop Video Communication (DVC) System to include camera/microphone and software DVe System will encode your videos into multiple streaming digital formats to play on all computer systems, browsers, and connection speeds, including both Windows Media and Quicktime with our patent-pending One-Click Technology . DVe library with capacity for 20 minutes of video and allowance for unlimited Vmail sends per month Delray Beach, FL shall provide the following: . A letter of introduction for the program on your organization's letterhead . Assist with the content and script for the Community Movie . Agrees to give e-LocalLink the right to use city's name in connection with the preparation and production of the program set forth herein only upon approval from the city for each such use, provided that the city may revoke this approval at any time . Agrees to put a graphic link on the municipality's website homepage to e-LocalLink's video server . Provides e-LocalLink with exclusive streaming video rights for videos created by CGI Communications for the term of this agreement This agreement may be terminated by either party for cause upon thirty (30) days written notice. Cause is defined as failure of either party to perform any of the provisions of this Agreement or failure to make sufficient progress so as to endanger performance of this Agreement The Laws of the State of Florida shall govern and venue shall be in Palm Beach County, Florida. We, the undersigned, understand the above information and havefull authority to sign this agreement ~ A Silmature: Sip;nature: ~ , I~........ Name Printed: David T. Harden Name Printed: Frank Buono Title: City Manager Title: Executive Vice President Date: Date: 12/13/2005 Contrad void if not accepted by 1/31/06. (Rev 05_040/) "Hastings On De/ray Beach" A Video Media Solution Proposed by Scripted Improv Media Inc. For the City of Delray Beach January 10, 2006 MISSION: Produce and distribute online videos that present Delray Beach in an entertaining way that compels website viewers to make the trip, plan more activities, stay longer, and spend more money. Content emphasizes destination attributes that make Delray Beach an appealing place to live, work and visit. PREMISE: Search engines are the most popular way to search for travel information among affluent consumers in the US. More than three-fourths of consumers with annual incomes of $100,000 or greater use Internet search engines in the process of gathering travel information, a significantly higher percentage than travel magazines, referrals from other people, travel agents and e-mail newsletters. This is in line with the standard shift among most consumers who have gone online - the Internet has become the default place to go for information gathering. High-speed Internet connections are expected to reach 60 miliion U.S. Households - or 50% of total U.S. Households - by 2007. And research shows online consumers prefer to view, rather than read text, to get desired information. SOLUTION: Hastings eVideos capitalize on this shift in media consumption and satisfy consumer hunger for visual content. The videos are viral because they are fun to watch, and spread to other online audiences from word-of-mouth promotion. A "Send to Friend" button in the viewer window makes it easy for viewers to tell friends and family about the destination, compounding the impact of the videos. Because they are visual, the videos cross language barriers, appealing to international travelers. Translation is currently available for Spanish, French, German, Japanese, and Arabic languages. RESULTS: Travelers who view a travel-related video are 70% more likely to visit the destination. Studies show that websites that incorporate video into their overall experience attract 29% more visitors than non- video websites and have a 26% greater likelihood of generating a transaction (Arbitron/North Star New Media). HASTINGS FORMULA FOR SUCCESS: . Make it Entertainina Video host Erik Hastings is knowledgeable, trustworthy, likeable, and funny. Erik thrives on unscripted interaction with destination visitors and residents, the real stars of Hastings videos. . Make it Reai Scripted Improv has perfected the run & gun filming style. This style helps establish realistic expectations of the destination. Hastings eVideos convey the real thing. . Keeo it Brief Videos are brief- 1 to 4 minutes- in order to hold the attention of online consumers who are characteristically impatient. . Make it Relevant Video titles are determined by consumer interest categories and destination branding objectives. This makes it easy for oniine consumers to view topics of unique interest to them. Examples of topics are cultural attractions, sports, and entertainment. . Make it Funnv People say interesting things (this is code for funny) when they are relaxed and sincere. Scripted Improv capitalizes on this rich talent base found in every destination. Make people laugh, and they'll tell their friends about it! Viral Video Project: While the City of Delray Beach will specify video titles, locations, and content scripting objectives, Scripted Improv recommends the following subjects/topics for consideration: . Overview (interview with Mayor Jeff Perlman) . Getting Around (air and ground transportation/logistic orientation) . History and Culture (Morikami Museum and Japanese Gardens, American Orchid Society International Headquarters, Old School Square Cuitural Arts Center, the Cornell Museum) . Downtown (dining, shopping, entertainment) . Parks and Recreation (golf, tennis, parks, beach) Each video to be one (1) to four (4) minutes in duration based upon the attention span of consumers using the Internet to research and plan trips. Additional content may be added to the viewer window as additional videos are produced, whether by SIM or other production sources, provided they meet the format and resolution quality standards. Technology: The videos are played in a viewer window that launches with one click of the mouse and plays high quality, wide-screen, high-resolution streaming videos using the latest Flash technology platform. The viewer window also allows the consumer to click-through to text links providing measurable call to action results. Flash Player, installed on 98% of desktop PCs globally, allows you to reach the widest possible audience. Call to Action: In addition to the "Send to Friend" button, the viewer window has positions for three (3) text links that may be used to invite the viewer (in a non-intrusive way) to click through to a designated landing page. Text links may be changed every quarter, to facilitate seasonal promotions or emphasize new attractions, events, or other destination attributes. Ownership and Licensing Rights: The City of Delray Beach will own rights to promote video viewing on its website, www.mvdelravbeach.com. other designated websites of organizations with a vested interest in Delray Beach tourism economic development, and email campaigns of those organizations. The City of Delray Beach will also have unlimited non-broadcast rights to promote viewing at trade shows and kiosks. Expanded Distribution: Scripted Improv Media Inc. co-owns the content and retains unlimited rights for purposes of reaching other online audiences on websites that meet the company's quality and distribution standards. An example of a website meeting SIM's criteria is www.video.qooqle.com. These types of websites provide access to literally millions of website visitors who go online for travel information. Project Timing: Tentatively scheduled for Spring 2006, The City of Delray Beach and Scripted Improv Media will jointly determine shooting dates. Finished video content will be done within 30 days of the last day of shooting. Videos go online within 30 days of delivery of the finished video content. Delray Beach Responsibilities: 1. Provide content recommendations for Scripted Improv Media (SIM) scriptwrlting 2. Review and comment on scripts 3. Assist with contacts and on-location logistics for film crew 4. Invite local media to on-location film sites 5. Review and comment on videos 6. Provide three (3) call-to-action prompts/text links for video viewer window (optional) 7. Integrate "Hastings on Delray Beach" icon and text links throughout website(s) 8. Distribute pre-launch and post-launch press releases 9. Plan and implement video launch event (mayor, tourism leaders, media) 10. Provide website viewing statistics to SIM For additional information: Contact Gary Hendrickson, VP, Tourism Economic Development, at 248-538-7810, Or email gary@scriptedimprov.com Hastingsâ„¢ On Delray Beach Videos Produced by Scripted Improv Media Inc. Price Estimate Dated January 10, 2006 City of Delray Beach, FL Valid for contracting until January 30, 2006 Est. Price Production Widescreen, High Resolution Display Utilizing Flash Technology Up to 12 minutes finished video content Each Video 1 to 4 Minutes in Duration Scrlptwriting, Talent, Producer, Director, Camera, Sound, Editing, Post-audio Sweetening, Music license, & Production Insurance Airfare, Ground Trans ortation, Lod in ,& Meals 3 to 4 da son-location Custom Viewer Window Includes "Send to Friend" button Includes Three (3) Text Links For Measurable Call to Action Links ma be chan ed once er uarter Streaming Video and Content Management Fee - up to 1,000 views/month Incremental, exceed in 1,000 video views er month $24,000 $8,500 $1,500 $250/month $.06/view Additional Content: Additional videos may be added to the Delray Beach viewer window for a one-time setup fee of $500. Terms: 50% of Production Costs Due Upon Contract Acceptance; Balance Due Upon Delivery Streaming Video and Content Management Fee due at the first of each month Ownership and Licensing Rights: The City of Delray Beach owns the rights to use the videos on its website and email campaigns, and for unlimited non-broadcast purposes such as trade shows and kiosk displays. Scripted Improv Media Inc. co- owns the content and retains unlimited rights for purposes of distribution to other travel-related websltes and search engines, such as www.video.aooale.com. that meet quality and distribution standards. Translation - Dubbing - Foreign Language Production This optional service for foreign language voice-overs and translation costs $21,360 based on four (4) videos @ 4 minutes each, produced in five (5) foreign languages of Spanish, German, French, Italian, and Japanese. ($18,510 for translation and voice-over and $2,850 for post audio sweetening.) Hastinasâ„¢ On Delrav Beach Advantaaes: Viral Performance: Entertaining content compels viewers to tell friends and family, producing significant viral activity, reaching new audiences and compounding the City's return on investment. Consistent Quality: Scripted Improv Media produces the highest quality visual content in the industry. Tight quality control of production and flash lechnology is key to protecting and building Delray Beach's brand equity. High Value: Scripted Improv's production experience and economies of scale translate to the highest possible quality of visual content at the lowest possible cost. Longevity: Script writing and visual content is based on a three-year life for each video. Publicity: Hastings TM destination eVideos are a fresh and innovative approach to promoting tourism. On- location filming provokes media attention resulting in free publicity for the City of Delray Beach Measurable Results: Scripted Improv Media will track and report results of video viewing behavior, click- throughs to text links, and Send to Friend viral activity. Measurable results guide decision-making regarding development of future videos, such as different seasons or topics. Nul RubIn 2A The Detroit News Sunday, August 28, 2005 Flip tour guide knows how to sell Detroit y:ur onJInetour guide is in the Rivera Cou~ at the DIA, holding a conversation with one of the lIIl\lestic8Jly stoic factory hands from Diego Rivera~ famous mural. Erik Hastings,smart aleck for hire, is leaning against thewal1 with his &rnl8 folded a<1'068 his peagreen golf shirt. "So;' he ~s, "working hIld, or bardlyworking?" Same campaign, different video. Nowhe~ at Ford Field, and the cam- era_ onafootball helmet with the logo of SUper Bowl XL. "Detroit also happens to be the proud host of SUper Bowl Extra Large," Hastings ~. "What? Forty? Why don't they just 'Write that?" This is not your father's trav. e1ogue, assuming of course that your father bad a travelogue. This is fast and flip, a sales pitch for a new era. By early September, three sepa- ..... messages will be screening at visitdetroitcom, the Web site of the Detroit Metro Convention &: Vls- iton; Bureau. Through the latest flash ted1nol- ogy, as harnessed by a marketing guy from Fanuington Hills and his haIf-brolher-the-actor, Detroit will take a fresh and innovative ap- proaclt to delivering an age-old message to potential tourists: Come see us. Bring money. Gary HendrickBon, the market- ing guy, was transferred hera from Iowa 20 ~ ago by an incentive company, one of those outfits that arranges rewardsforemployees. He couIdhave gone to Chicago instead, but he chose Detroit, on the theory that people who lived here would need bigger carrots. Eventually he drifted Into the tourism business, on the database end of things, and then into free- lance marketing, on the sc:ram- bling-and-perpetua!1y-insecure end of things. 1\vo ~ ago, he asked his very funny sibling to see if he could think of any audio punch lines for a tourism Web site in Flar- "I was completely and pleasantly surprised. I was laughing in my office. I didn't know [the videos] would be that good," Renee Monforton, Communications Director, Detroit Metro Convention & Visitors Bureau Scr1pted ImpnIV Medl8 Erik Hastlnp of Scripted Improv Media delivers his Metro Detroit travel spots In a fUp, funny style. On a campallll1about naxt year'. Supsr Bowl XL, he says, "What? Forty? Why don't they just write that?" ida. "You don't need audio clips; said Hastings, who mostly makes a liv- ing selling comedy routlnes to raJlIo stations. "You need to fix it so when someone clicks on a picture of a family on a beach, it comes to life." That was the eureka! moment for "Hastings on Location," the trav- el video branch of the company he ca11s Scripted Improv Media. Hen- drickson, 46, quickly started pllch- ing the concept to his many con- tacts at civic tourism boards, most of whom responded with bridled enthusiasm. 'They kept S88ing, 'Sounds great. Can you .sbow me one?''' he ~. So the weekend before the All. Star game, he, Hastings and the smallest possible crew hit places as high as the top of the RenCen, as highbrow as the DIA and as high- powered as the car collection atThe Henry Ford. The convention bureau provid. ed the basic subjects - DowntoWn, Sports & Entertainment and Cul- ture - along with some talking points and some help getting through various doors. It did not provide money, which is why.execu- tlveproducer Hendrickson wasAble to get by with $15,000 on ajobbud- geted for $37,000, . Eventually, he says, when Hasti. ngs becomes the Martha Stewart of funny, interactive travel spots, they'1l eharge for their service and then make more money from links on the Web sites. For what it's worth at this point. their only customer is weIl-s_ From a starting point of "healthy skepticism," says convention bu- reau communications directOr Renee Monforton, "I was com- plete1y and pleasantly surprised. I was laughing in my office. I didn't know they would be that good." The best part about them is that they don't try to make De- troit look like Disneyland. Hasti- ngs bounces ad libs off a rapper on the steps of St. Andrews Hall and a man on a. motorcycle on Monroe Street who caJls hiltUlelf the mayor of Greektown. "I'm Erik Hastings," he says at one point, "and hanging out in l)e.. troit is way more fun than what you're doing right now" He~ working hIld, but it looks like he's having a great time - right .here, in the home of SUper Bowll!x- tra Large. NealRubinappea,..SUndDJ/on Page.2A and 1Uesdal/, Wednesday andFriday on the cuoer ofF<</.- lures. You can l'O(U;h him at (313) 222-187+, nrubin@detnew8.comor 615 W. Lofayette, Detroit,Ml +8226. MEMORANDUM TO: FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER 0"r1 AGENDA ITEM # ~:E - REGULAR MEETING OF JANUARY 17. 2006 FUNDING REOUEST /RAINBOW TENNIS TOURNAMENT SUBJECT: DATE: JANUARY 13, 2006 lbis is before the Commission to consider a funding request from Mr. Yusuf Ahmed in the amount of $7,000,00 to help offset costs of the fuUnbow Tennis Tournament to be held February 17-19, 2006 at the Tennis Center. Attached are copies of correspondence concerning the request. All issues have been resolved with the exception of identifying on-site locations for vendors, Since this is a tennis event a Special Event Permit was not required, On January 12, 2006, staff received the attached final budget for the event. The difference between event revenues and expenses is $3,315.00, Staff recommends that this funding request be denied at this time and the request should go through the regular budget process. However, if Commission would like to consider the request, the amount to be funded should be no greater than the difference between the event revenues and expenditures. Possible funding sources would be the City Commission Event Account, with a current balance of $2,300,00 or the Contingency Miscellaneous Grant Account, with a current balance of $12,800.00, s:\Gty Cletk\ogenda memoo\CM Rambow To:nru. 011706 .~ [ITY DF DELRRY BER[H DELRAY BEACH F' " ,,^ tI.IIld All-America City , , III! 100 NW 1,,1 AVENUE DEU=lAY BEACH. FLORIDA 33444 . 561/243-7000 MEMORANDUM 1993 TO: 2001 David T, Harden City Manager FROM: () III Robert A. Barcinski l(jOT Assistant City Manager DATE: January 12,2006 SUBJECT: A!!enda Item City Commission Meetin!! January 17. 2006 Fundin!! Request - Rainbow Tennis Tournament ACTION City Commission is requested to consider a funding request in the amount of $7,000 from Mr. Yusuf Ahmed to help offset costs of the Rainbow Tennis Tournament to be held February 17, 18, and 19,2006 at our Tennis Facility. BACKGROUND Attached are copies of e-mails and other correspondence between me and Mr. Ahmed concerning this request and planning items relating to this tournament. I and Mr. Dubin met with Mr. Ahmed on January lOt" to review planning and site plan questions we had concerning the tournament. Planning for the event has been on-going with Mr. Dubin's staff and other than identifYing on site locations for vendors and entertainment planning issues have been resolved. Since this is a tennis event a Special Event Permit was not required. Attached is a final budget for the event received on January 12th. The difference between revenues and expenses is $3,315.00. It has been my position that since this is an annual event requests for funding should go through the normal budget process for event and grant funding. Funding had not been previously requested. This item is before Commission for your consideration. RECOMMENDATION Staff recommends that this funding should go through the regular budget process and be denied at this time. However, if Commission wants to consider the request, the amount funded should be no greater than the difference between the event revenues and expenditures. A funding source would need to be identified. Fi/e:u:sweeney/agenda Doc: Funding Request Rainbow Tennis Tournament * Printed on Recycled Pape/ THE EFFORT ALWAYS MATTERS SFRTA TOURNAMENT BUDGET-2006 Expenditures Item Amount T-shirts for participants $525.00 Prize money for Open 1st $1000.00 Division 2nd $250.00 3rd $85.00 4th 50.00 Trophies $1,500.00 Tents $375.00 Water $50.00 Fruit $40.00 Food $300.00 Music $3,000.00 UST A Officials $540.00 Total: $7,715.00 Revenue Item Amount Entry fees $4,200.00 Donations $200.00 Total: $4,400.00 December 28, 2005 LI uspta. r United States Professional Tennis Association, Inc. Determining the way the world learns to play tennis Yusuf Ahmed 1367 Fairfax Cir E Boynton Beach, FL 33436 Dear Yusuf: This letter will confirm that, as a Developmental Coach of the United States Professional Tennis Association (USPT A), you have liability insurance as outlined below. This USPT A liability policy covers applicants, and certified and certain honorary members in the United States, its territories or Canada, and nonmembers who are insured through a certified member's policy, THE USPT A LIABILITY POLICY INCLUDES $9 million liability insurance, while on court, for bodily injury to others, and for damage to property not in the tennis professional's care, custody or control. It does not cover injury to the tennis professional, or damage to hislher property. The accident must have taken place on court, and arisen from the tennis professional's playing, practicing, teaching or officiating in tennis. Polley Dumber: PHPK149078 Effective period: 12131/05- 12131/06 For questio... or to report lID aecideDt, eODtact: USPTA World Headquarters 3535 Briarpark Drive, Suite One Houston, TX 77042 Telephone (713) 978-7782 If we may be of further assistance, please do not hesitate to contact us. Sincerely, UNITED STA~.PWESSIONAL TENNIS ASSOCIATION, INC. l-fj:rU>ac~cD Insurance Department /md 'l1Jij~~!llIge is ~I ~ void ifd!e'lDember is Dot a citizen of or does 1lot legally reside andJ~~rk in . . '.. ". ,ti!eUnltedStales, its tenitoriesOrClIIIada., .' . ..' 3535 Briarpark Drive, Suite One' Houston, TIC 77042 800.USPTA-4U' 713.97.USPTA' 713.978,7780 fax' USpta@uspta.org' www.uspta.org Barcinski. Robert From: Sent: To: yusufah@adelphia.net Tuesday, January 10, 2006 11 :04 PM Perlman, Jeff; JonLevinson@MyDelray.com; Barcinski, Robert; Archer, Patricia; RitaEllis@MyDelray.com; AlbertaMcCarthy@MyDelray.com hermann@ci.delray-beach.fl.us Emergency funding-SFRTA Cc: Subject: Hello All, I hope all is well with you. Many thanks for responding to our request for the use Delray Beach Tennis Center in February 2006. Each year we struggle to make ends meet at this fabulous event. The tennis participants and their families are local as well as from the surrounding counties, not to mention the out of state participants: Georgia, Michigan, Pennsylvania, and Boston. They spend their money in local restaurants and stores in Delray Beach. My vision is to have the best run amateur tournament in South Florida; we are currently the largest African American tournament, during Black History month in the state of Florida. We would like to have a cultural event, Caribbean band, Haitian and Island foods, American Jazz band, African dance troupe, African hair demonstration, and fashion show, utilizing local people. This event can highlight the city and be part of the healing process that I heard the man from R,A.C.E, talk about at the council meeting. With the financial support from the City of Delray Beach , this has the makings of becoming a major annual sporting and cultural event for Delray. We of SFRTA are requesting $7,000 in emergency funding and we will try to solicit sponsors for the remaining funding. Many thanks. Yusuf Ahmed 1 [IT' DF DELRR' BEA[H 12./"'- -10 ~"'<<>-' 7~ {,~/.k '--M;J '-/1 ~ DELRAY BEACH ~ Ail-America Ciblecember 5 2005 , llll~, Y_Ahmro 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 . 561/243-7000 1993 2001 President SFRTA 1367 Fairfax Circle East Boynton Beach, FL 33436 Re: S"> Annual South Florida Rainbow Tennis Classic February 17-19, ~OO6 Dear Mr. Ahmed: If you have not done so already please contact Mr. Brahm Dubin at 561-265-0255 to obtain a contract for use of the Tennis Center site for your tournament. I have spoken to Mr. Dubin and he has indicted that the site is reserved for your use. You also had requested funding for your tournament from the City. The City accepts applications for funding of events, for non-profit agencies and cultural groups in May through June of each year. These requests are then reviewed by a committee and recommendations are made to City Commission as part of the budget approval process. The submittal time for funding for the current year has passed but you can obtain an application form for funding for the 2007 event from the Finance Department. I do not know of any funding source that might be available for the 2006 event. Submitting an application however does not guarantee that funding will be approved. Sincerely, ,~/P~ Robert A. Barcinski Assistant City Manager RAB/tas Cc: Mayor Jeff Perlman Vice Mayor Jon Levinson Deputy Vice Mayor Rita Ellis Commissioner Alberta McCarthy Commissioner Pat Archer David T. Harden, City Manager Brahm Dubin, General Manager File: u:sweeney/asltrs Ltr to Yusef Ahmed re Rainbow Tennis Tournament @ Printed on Rec)/c.Je'd Pal'[}1 THE EFFORT ALWAYS MAnERS .. S'F~ 1JJoard:'Tournament cliait'p=ons: :'YUSlif a !Nemoure J1./imetf 'Tournament (1)irector. CDanrry L. 1(jng; (1)irector of 'Entertainment: tBilfy Jean; (1)irectM of Junior 'Tennis: !Mart 'Williams;; (1)irector of Leoa{ J1.ffairs: Louis Jo/inson 1367 'Fairf~Circfe P... <Boynton <Beac/i, 'FL 33436, (561) 703-2540;YUSUfa/i@ade{p/iia.net ToI From: DlIbK Rea Jeff Perlman, Mayor Jon Levinson, Voce Mayor Patricia Archer, Deputy Vice Mayor Alberta Peny McCarlhy, Commissioner Rita ElBa, Commissioner Yusuf Ahmed, President SFRTA November21,2005 5" Annual. South Florida Rainbow Tennis Classic i'l. L. Once again, it is time for the South Florida Rainbow Tennis Association to hold their annual tennis toumament at the Delray Beach Tennis Center on February 17-19, 2006. We are again requesting that the City of Delray Beach sponsor our efforts of holding the finest armature tournament in Palm Beach County. To help our youth, build character, pride, sportsmanship and leadership through the sport of tennis. The South Florida Rainbow Tennis Association is a multicultural nonprofit charitable organization dedicated to increasing minority involvement in tennis. Our focus is on establishing grassroots programs in the conjunction with the schools, local organizations, businesses and the surrounding community. The officers of the South Florida Rainbow Tennis Association (SFRT A) appreciate the City of Delray Beach allowing us to use the courts of the Delray Beach Tennis Center as the home site for this tournament We are again requesting your assistance in securing the facility for the toumament We are also requesting that as a noo-profit 501C 3, that we be placed on the list of Grass Roots Organizations receiving funding. Each year, the SFRT A struggles to meet financial obligations by sponsoring a Kids Day program for underprivileged children and coordinating a first class tennis toumament for adults of all skill levels, from beginners, aspiring professionals to seasoned veterans. The purpose of our grass roots toumament is to develop and promote friendly competition in the sport of tennis and to foster an atmosphere of camaraderie and provide opportunities for new alliances. The SFRT A appeals to you for assistance with this worthwhile program. Funding this program would allow many more underprivileged children to have a positive experience at the Delray Beach Tennis Center. R~/!ZJ f~~ A uspta. ~ Yusuf Ahmed Member No. 29520 J 367 Fair Fax Circle E. Boynton Beh, fl. 33436 (561) 703-2540 E-mail .YusuFah@adelphia.net United States Pt-ofessional Tennis Association USPTA 2005 Ezpires Dec. Jl [IT' DF DELRR' BER[H DEl RAY BEACH , l "" "A IlI:e:ItI All-America City "IIE IOC! ~JW 1st AVENUE DELRAY BEACH, FLORIDA 33444 MEMORANDUM 1993 TO: 2001 David T. Harden City Manager FROM: p!Robert A. Barcinski Assistant City Manager DATE: January 13,2006 SUBJECT: Al!enda Item City Commission Meetinl! January 17, 2006 8DonsorshiD Request - NMANWO ACTION City Commission is requested to consider a request for a sponsorship from Natural Men and Natural Women Organization (NMANWO) for a Youth All Star Football Game which was held on December 31" at Atlantic High School's Hill Topper Stadium. BACKGROUND Attached is a request with back up information received from Jamael Stewart on behalf of NMANWO for a sponsorship for a statewide youth North vs. South All Star Football Game which was to be held at the old Atlantic High School football field on December 31 ". This game was originally scheduled to be held at the old Atlantic High School field but had to be changed due to conflicts with soccer. Although sponsorship packages start at seven hundred fifty ($750) dollars they were requesting a donation of any amount. Attached is a memorandum received from Joe Weldon which indicated that several of our Delray Rocks football players and coaches participated in this event. RECOMMENDATION Staff recommends consideration of the sponsorship request received from NMANWO. If Commission approves this request a funding source will need to be identified. File:u:sweeney/agenda Doc: NMANWO Sponsorship Request * Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 01\ tW) 561/243-7000 q,F [ITY DF DElRRY BEA[H F~r..""^rr'll"7""~" '. \.~,,~ ~ \f r:..: :1. j DElRAY BEACH b.e.d AI~AmericaCity , III I! 100 N.W. 1st AVENUE ,. ..., 2:, 2005 CITY /VIAM- ",...,~ DELRAY BEACH, n'd~t;~!44 . 561/243-7000 1993 2001 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: NMANWO Request DATE: December 28, 2005 Several of our Rocks players and coaches will be participating in the North Florida All Stars versus the South Florida All Stars football game on December 31, 2005. Knowing nothing about the organization, I called the contact person listed in the facsimile. 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N~-v~' .cg - ou~ -Cg -~- .a&~~~~. ~-Sl. e..c:OcO~ ~o~~~o~c ~' ~=U300UlO ='~-vv ~~W~ ~v ~.S~S~S~~mu ~O"~OlZ m ~,~__s Oe ~_BB.~~ ~ ~tt.:l~or:::::r::::: ~~!~~gfg ro~--~~~ti ~ c j:Q 0 ~ C(1j=';> b.O cO>..u .c u~1-t .- ~,~vgccr:::::~ v"'O cO~ -"'0-2 >">..- ~~_._~~~~. .cv~..!:IO~~vS_ v;~oo ~~..c:"'O _ ~g2~()~..c:~~~~~oeE e~=~o._ ~V"'OV ~.__ ~ ~~ ~ ......0 ..s:::~'1 v='c._.-vtu~f-l:E "'0 o~vpo'8 ~-:I:a1~~ .:;g,:a~'5~Z.~ ~.~a.Stb~~~~~ r . FOOTBALL CONTlNUEO FIWM PAGE 3 "The kids worked together great, and they made new friends," Stewart said, Jamaef Stewart, pro- gram director, organized the South team by choos- ing the 10 best players from each age group in each city. He had 30 play- ers per age category, and they competed for starting positions, It took 20 coaches to prepare the four southern teams for the bowl. But Stewart said he had no problem finding coaches; they.. .came to him asking to coach, and he couldn't have been more pleased. "They were there, giv- ing 120 percent," he said, The games started at 9 a,m, and were played one after another until about 5. p.m. Most valuable player awards were presented after each game, About 400 people attended the games, Alex- ander said. "We did well for a first- time event. It's only going to get bigger and better," he said, Stewart said he told the players that if they want to play again next year they have to show him that they have at least a 2.5 grade point average on their. report cards: "ll goes deeper than just football. It's teaching these kids responsibility. I tried to stress it's not all about athletics, it's about education as well," he said. Stewart is a mentor and said he loves working with children, "A lot of kids look up to me, I look up to them, too. They're the fuel for the fire," he said. "I didn't make it to the NFL, but I'm happy with what I'm doing." He said he wants to see children graduate and give back to their communities. The Youth Holiday Bowl was meant to be a fund- raiser for a homework hot- line the organization is planning. The hotline will provide a toll-free tele- phone number for chil- dren who cannot afford tutors. Volunteer college students will answer the phones, The game didn't make a profit this year, but Alexander expects it to in the future, Next year the bowl will be in North Florida and will include more teams, Stewart said, "I've been receiving calls from other teams who want to be included," he said, "We'll have to make it a tournament." Alexander wants to have a division from Pensacola to Madison and from Madison to Gaities- ville in the north, and from Miami-Dade to Boynton and Boynton to Tampa in the south. It would expand the schedule to eight games over two days, fol- lowed by the champi-~onships on New. Years Eve, Danielle M. Markel can be reached at dmmarkel @tribune.com, [ITY DF DELRAY BEA[H DELRAY BEACH ~ AII.America City "lIt~ 100 hJW 1"j AVENUE DELRAY BEACH, Fl,ORIDA 33444 MEMORANDUM 1993 TO: 2001 David T. Harden City Manager n ,t, Robert A. Barcinski IV'" Assistant City Manager FROM: DATE: January 13, 2006 SUBJECT: Al!enda Item City Commission Meetinl! Januarv 17. 2006 Sponsorship Request - 4th Annual African Diaspora Awards and Luncheon 2006 ACTION City Commission is requested to consider approval of a request to provide a Bronze Sponsorship in the amount of $500 for this awards program being held on February 5, 2006. BACKGROUND Attached is information received from Jane Bassa Tolliver for this awards program and luncheon being held on February 5, 2006 at the Delray Beach Marriott. Ms. Tolliver is requesting City consideration of a Bronze Sponsorship for this program in the amount of $500. RECOMMENDATION Staff recommends consideration of approval of a Bronze Sponsorship in the amount of $500 for the 4th Annual African Diaspora Awards and Luncheon. rfCommission agrees to approve this request a funding source will need to be identified. File:u:sweeney/agenda Doc: African Diaspora Awards and Luncheon Sponsorship Request * Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 01( rJtlj 561/243-7000 ~G PERFECT RESULTS, INC. PRESENTS THE 4TH ANNUAL AIFrur D JIM) PO]PU\ AWARD~ &. LUNCHEON /A CELEBRATION OF WOMANHOOD17 SUNDAY FEBRUARY 5TH SEATING: 1:30 PM EVENT: 2:00 PM DElRAY BEACH MARRIOTT 10 NORTH OCEAN BLVD. DELRAY BEACH HONOREM ALPHA KApPA ALPHA SORORITY MARY ALFORD FRANCES J. BRIGHT CLUB GRETA BRITT DELTA SIGMA THETA SORORITY VERA FARRINGTON ESTER HOWARD COMMISSION ER ALBERTA MCCARTHY. IRIS JONES REBECCA ROBERTS SIGMA GAMMA RHO SORORITY CARMELITA SMITH ZETA PHI BETA SORORITY ANNE GROOVER WILLIAMS YOUTH AWARD WOMAN OF THE YEAR RSVP BY JANUARY 25TH ~ TICKETS: $30 TICKETS AVAILABLE AT HIS & HERS HAIR CREATIONS 404 W. ATlANTIC AVENUE. DElRAY BEACH. FL FOR MORE INFORMATION CONTACT: PERFECT RESULTS, INC. @ 561-278-3577 African Diaspora Awards 2006 " A Celebration of Womanhood " Bronze Sponsorship Sponsor will receive: .:. (1) full page printed ad in the African Diaspora Awards souvenir booklet .:. Co-sponsorship of African Diaspora Awards Ceremony 2006 .:. (2) tickets for the African Diaspora Awards Program SPONSORSHIP INVESTMENT $500.00 African Diaspora Awards 2006 " A Celebration of Womanhood " .:. Full Page Ad $200.00 .:. HaIf Page Ad $100.00 .:. Circle of Friends Any Amount $ ( cash or barter contribution) 4th Annual African Diaspora Awards " A Celebration of Womanhood " Sponsorship Application: Company name: Contact person: Signature: Business Address: Telephone: E-mail : Sponsorship Investment: $ Please make contributions payable to: Perfect Results, Inc. c/o Jane Bassa Tolliver P.O. Box 6335 Delray Beach, FI 33482 Telephone: (561) 278-3577 Fax: (561) 266-9866 MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER orv\ AGENDA ITEM # 9 t-\:- REGULAR MEETING OF JANUARY 17 2006 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD SUBJECT: DATE: JANUARY 13, 2006 The term for Mr. Anthony Veltri will expire on January 14,2006. Mr. Veltri will have served one (1) full term, is eligible and would like to be considered for reappointment. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: Gerald Franciosa Retired/Accountant/Law Enforcement (also applying for the Public Employees Relations Committee, Police and Fire Board of Trustees, Education Board and the Nuisance Abatement Board) James Houck Property Management (currendy on the Board of Construction Appeals) George Thacker Accounts Manager Anthony Veltri Retired/General Adjuster (Incumbent) Stanley Watsky Insurance/Real Estate A check to confirm all are registered voters was completed. All are registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4) for one (1) regular member to serve a three (3) year term ending January 14,2009. Recommend appointment of one (1) regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2009. CODE ENFORCEMENT BOARD 03/0S TERM REGULAR MEMBERS OCCUPATION POSITION TELEPHONE EXPIRES FILLING 01/14/2007 Glenn Schuster Fire Chemical Layperson Work: Unexp Regular Appt 4585 A Northwest 3'" St. Specia1ist Home: 499-0561 08/19/03 Unexp AIt 05/06/03 Delray Beach, FL 33445 Cell: 706-0553 Reoppt 01/06/04 01/14/2007 Leonard Epstien Business Owner Real Estate Work: AI''!'P,05/06/03 3120 Northwest 15th St. Home: 272-0330 Unexp Regular appt Delray Beach, Fl 33445 Fax: 272-0329 07/"12/03 Reappt 01/06/04 01/14/2007 David Hawke Architect Architect Work: 740-4440 Unexp App, 01/07/03 121 Heather Lane Home: 278-3414 Unexp Regular Appt Delray Beach, FL 33444 Fax: 921-0444 04/15/03 R<'!'P' 01/06/04 01/14/2008 Beril Kruger, Vice Chair Planner Business Person Work: 265-4983 Unexp App' 07/24/01 9 NE 16th St. Home: 265-2019 App, 04/02/02 Delray Beach, FL 33444 Cell: 870-4701 Re'!'Pt 01/04/05 01/14/2006 Robert Marks Construction General Contractor Work: Unexp AI, App' 01/07/03 371 Coral Trace Lane Home: 266-8494 Unexp Regular Appt Delray Beach, FL 33445 Fax: 04/15/03 01/14/2006 Anthony Veltri, Chair Retired/General Sub Contractor Home: 272-0252 AI, App' 01/02/01 2915C NW 12th St. Adjuster Unexp Regular Appt 02/02/01 Delray Beach, FL 33445 Reoppt 01/07/03 01/14/2006 Mark Behar Property Mgmt. Engineer Work: 254-9605 Appt 09/09/03 alt 1700 S. Ocean Blvd. #21 Home: 279-2335 Unexp Appt 10/05/04 Delray Beach, FL 33483 Fax: 279-9192 Cell: 254-9605 ALTERNATE.5 01/14/2007 Samuel Resnick Code Layperson Cell: 414-3933 Unexp App' 03/01/05 2835 SW 13th Street Admin/Engineer Home: 330-8419 Delrav Beach, FL 33445 Fax: 01/14/2007 Bernard Federgreen Retired Operations Layperson Home: 265-3339 unexp Appt 10/05/04 1260 NW 24'h Avenue Director Delrav Beach, FL 33445 Contact: Norma Smith 243-7213 S/City CIerlt/Board O4/Code Enforcement Board ;1 . 1993 2001 ~t9.. 04 2005~~~~ qjtfh CITY OF DELRAY BEACH . €.GE.\\I€.O. BOARD MEMBER APPLlCATIO~. .. 1\1\\5 . t>.\lG ~ " C\.'a?.'f.. C\\l . FA:~ no. : 56126607-'6 c 1 1'1: l: Lt:lill. or.1 : l.iI=N-<;H I U"/t.q"'J~ liP.: 1.~:=>:} t'A3 ~t1JZ~JJ'.t" hLL "j.J . E1JE 5T 3. Lcg>l~= S~ 4. P.rincipal..Busio.= Add=: oF City City City Sl1te Zit> Co& I. 1lum.=s Phone: Cd! PhM _ Fax: ~6()Wb you ~tettd? 7. ~Bou;d(.) ~YO\lintei:es[ inscrviog?Pla.sClistia~Me.rQ~pcefueo.ce: . . ~ kw- V/Tl/Yl; c:-f .. . 8. ;:;., slS City Bnards oa wbkh you,..., CUttcndy .~oc ho.vc pwcioualy .=red: (l'bae indwk do=) tv'O W ) Ed~ qoal!fiubO"s; 13 .10. Ilstsny rdatod pcofeMiowU c....,.;fi~.tio"" >no;!. lice,"""" which you hold, 1 L Give your {>Ul'lenl;. o. Jl1O$t tc.<:eac caiployer;. rod posicion; 12. DCsaibc: <::q><d=..1:iJU 0< lmo'D\<<l6c -..hid.. quslifY)"Oil to secve "''' <his oncd: (P1=c =xci> .. btid' ''''taIle) _ OJ! AJ'!-.r:' appllo.tioo. icillc=Wn on .6kin ~Cil.y Qa:k's Offic.e fora peI!lod 0[2 y= from the<htc it= olll!l:ed. I,,,.;u be the applieu>t'. respo=ibtlity 'o~c.tb.>J: So =t "Ppli.<>Ui.on is on tjIe. . =n~............... ) ~ . 1993 2001 . PrO{letly I1J r . .5-7' c:7(b CITY Of DELRAVaEACH BOARD MEMBER APPLICATION . ~ (lr. lint th~ fall .' mrOrD12tion: .. 1. Ust Nam~: C)U~. 2. HOm~^ddr~ss'3 (};3 ,'L~~ 3. Ug:al ReSidence: . ~74>3 . -8. ~~W6110 PL_ . 4. Principal Business Address: Name ----J ~r'le.s . City~i5 City . e..Le.-oY City State FL State FL State E~,;0d~sk I @ CenPhone: ~t>~ LtN~. IN 6. Are you a registered voter? \(e;;:.s. ,,~lf-ft,whereare oure ~S;;~~t:::: ~L r ~~~~ar~~ ar~ xou intestcd in '~P:ca~~~ Order of preference: . _ Cd IfI1 fr) 11 foJ 5. . Home Phone: . UI-$IDS;'"2~ Fax: 9. EducaU(lnal Qualifications: . . j)o \ d.,\-r ~ t.o e. C> If''= /\ ( ( (j)~tb.~ 10. Ust:!Dy related professional certifications and licenses which you hold: ...l . fLo~OD- ""?fi;.A{..; r;;.;:3 . Lt E <HC6So6<:!lsZc"3 <f~ Oi!>If1P1UtlrrP S(!)Q.l~ CJo--JJ1l~~ L ~ :.5< u. Give your present, or most recent employer, and Pc:! .tion: . L /)1~ un . - /Y/!qe _ 12. Dcsco'bC apeliences. ~ or la10wfcdge wfljq,. qu2Iify you to icJve on diis baud: <please attad1. brief resume) J-haeby con . thaull the-oove statcini:au are l11>e, and J ~.and uadet$iandtbat iny misSQi-""1't of mafaial &cu aP. tica . y tause Joifcit1il;C upon my part of any appointment J may ~e. . p / .::::>~~ DATE' / . Note: This application. will remain o~ file in th~ City .a.q%'~ Nl}f!"&>d of 2 F fu.'m the date it was subnulted. It will be the applicant's responsjbilitftl>~'{ a current applitauon IS on file. ~1lOH bDW t-H ) ~ /.g I~- MAR 0 9 2004 ""'I"V ~I ~RK MAY-18-2005 06:1215 PM 561 865 2636 P~l2t2 May 18, 2005 JAMES HOUCK J of Delray Beach 3763 S. Lancewood Place Delray Beach, FL 33445 Phone: 561-865-2636 Email: idhouck5l@vahoo.com Delray Beach, FL Attn: CRA Board Members Re: CRA Board Position Dear Board, This information is being sent to secure a position with your Board. Attached is a copy of my cover letter and resume for your review. If my qualifications are what you are looking for, feel free to call or emailme to set up a meeting to discuss the position further. As a highly organized and self motivated professional with interrelated experience in Accounting Basics, Architecture (5 years - Building & Space Design and Site PllllUling), Operating and Capital Reserve Budgeting (1 7 years), Computer Software (20 years - Word. Exc.el and others), Construction, Corporate Business (10 years - Management, Marketing, Operations, Sales and Training), Property Management (17 years - Portfolio & On-Site Experience) and Real Estate (5 years - Commercial Leasing, Marketing, and Sales) the following are a few of the skills I can offer: MANAGEMENT . Able to effectively manage aspects of a multi-story condominium typc building and its day to day operations. . Prepare extensive management reports. . Able to quickly learn the various roles and n.mctiol1s of all positions within a property. . Long term knowledge of working with computer programs (Word, Excel, Quicken & others). . Understand and work with CAM charges. . Understand finan.cial statements and general accOlmting principals. . Proficient in creating operating and capital rcscrve budgets and effectively manage their expenses. . Understand the use offmancing. . Able to follow proper collection procedures and other applicable charges. . Examine problems and create viable solutions. . Develop and implement short and long term management plans. . Able to orient new owners and promote positive relations. . Knowledge of available insurance coverage to protect owner assets. . Enforce collection procedures and eviction procedures. . Analyze a property's physical and fiscal concerns. . Understand and work with legal contracts. . Understand legal issues as they relate to owners and associations. . Test economic alternatives to increase value and make recommendations. . Oversee operations and administrative personnel as well as construction management. . Able to analyze and quickly take over a new account. . Understand and meet goals of the property. . Understand and work with staffmg and employee relations. Attend and able to oversee annual and regular board meetings. ~KlLLS (Continued) (page 2 o(2) :tOPERTY FACILITY MANAGEMENT - MAINTENANCE & SERVICES . Experienced facilities management background. . Understand and manage construction projects. . Understand and work with architectural drawings. . Conduct and prepare extensive property and building inspection reports. . . Manage risk factoCi effectively. . Monitor owner interior improvements. · Create proper specifications, negotiate contracts and oversee a project(s) to completion. · Identify and work out exterior and interior maintenance and construction defect issues. .. Properly hire and effectively supervise and motivate employees and outside contractors. · Aggressively oversee proper landscape maintenance, irrigation repairs and redesign as needed; plant replacement and redesign as needed and implement other new projects when needed. . Properly plan and implement the various types of routine and deferred maintenance projects and common area renovations. · Able to e.ffectively coordinate or oversee the security services; parking valet services; pool services and their equipment repairs; parking garage and valet services, tree trimming and removals; parking garage areas and their access systems; janitorial services; bnilding engineer personnel; cooling systems; roof repairs and replacement; elevator repairs; asphalt road and parking area repairs and overlays; painting projects; concrete restoration, tennis courts; frre sprinkler systems and most other seIVices and/or systems as needed. ENERAL / . Ability and willingness to quickly learn all the various aspects of a new property. . Strong organizational, multi-tasking, administrative and leadership skills. · Mature, responsible and business like in demeanor. · Positive proactive work ethic. · Professional in approach and appearance. ~ Work effectively to CTeate a cohesive "win-win" team environment. rbank you in advance for ta1cing time in your busy day to review this information. If after reviewing the enclosed naterials you feel there is a position available for us to discuss, I welcome the opportunity to meet at your earliest :onvenience. ! / - dhouck.51uv.vahoo.com }closure - Resume MAY-18-2005 06:06 PM 561 865 2636 P.04 .JAMES HOUCK Phone: 561-865-2636 Email: idhouckSJ(@vahoo.com To secure a position where interrelated experience in Accounting principals, Architecture (5 years - Building & Space Design and Site Planning). Operating and Reserve Budgeting (15 years), Computer Software (20 years _ Word, Excel Wld others), Construction, Corporate Business (10 years - Management, Marketing, Operations, Sales and Training), Property Management (17 years -- Ponfolio & On-Site Experience), Real Estate (5 years- Commercial Leasing, Marketing, and Sales) will be of value. PROFESSIONAL HISTORY 2005-Present DEER CREEK CONDOMINIlIM COUNTRY CLUB ASSOCIATION (Deerfield Beach, FL) ProDertY Manller . "On-site" managing the daily operations of a 324 unit condominiunl development consisting of 7 buildings (with elevators and fire sprinkler systems in each), a swimming pool, two tennis cowts, a clubhouse building, an on-site staff of five and a total annual budget of. 1992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida) l'ropertY MaDlIller · "On-site" managed The daily operations (,fa 460 unit condominium development consisting of9 buildings (5 stories in eaeh and all with elevaTors and fire sprinkler systems in each), 2 swimming pools, a clubhouse building, and an on-site STaff of two (2) maintcnance and four (4) janitorial personnel. · Previously directed the daily operations of a portfolio of up to 16 high end communities; in thc master commlUlities of Boca West and Broken Sound, collectively consisting of more than 600 homes and 300 two and three story condominium units. . Consistently responsible for preparing, implementing and overseeing the annual budget expenses of over $4,000,000 collectively. . Administered corporate monthly. quarterly and atulual board meetings. · Professionally managed The contracts of accountanTS, architects, attorneys, carpenters, electricians. engineers, general contractors. horticulturists, insurance companies, irrigation specialists, landscapers, handymen, roofers and other contractors, vendors and agencies, . Maintained a high standard of living and cost effective lifestyle in these upper end communities. . Successfully negotiated and monitored the completion of 2 developer turnover settlement agreements, 4 asphalt roadway overlay projecTs. 9 sealcoate projects. 8 painting projects, 4 pool resurfacing projects and 5 roof replacement projects. 1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs. Florida) PropertY MIIDaller . Consistently directed The daily operations of up to 15 propelties, collectively consisting of more than 1,000 two-story and low and mid-rise type condominium buildings and also individual homes. . Responsible for preparing, implementing and overseeing the annual budget expenses of over $3,000,000 collectively. . Successfully negOTiated and monitored the completion of three (]) devclopcf turnover settlements, 2 road overlay, 6 road senlcoate.. 7 painting projects and 3 flat roof replacement projects. . Administered corporate monthly, quarterly and annual board meeTings. M~'i-18-2005 06:07 PM 561 865 2636 P..05 JAMES HOUCK (Resume - Page 2 of 3) 37 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida) On Site ProDertv Man8lZer & Leasinll Director . Directed all on-site property management and leasing efforts for a 40 bay 95,000 square foot office/warehouse building. . . Responsible for negotiating all contracts and leases. · Created and implemented annual budgets and prepared monthly financial analysis. 1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California) Real Estate Allent · Affiliate member of the "International Council of Shopping Centers" (ICSC). . Working with developers, property owners and tenants negotiated more than $5,000,000 in retail and office leases and land and building sales. · Created and utilized computer generated databases to work with buyers and tenants and also investment programs to analyze building and land sale opportunities. 1984 - 1985 FRED SANDS REALTORS (Los Angeles, California) Real Estate Ae:ent - Commercial Division . Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by comprehensive cold calling on owners, tenants and other brokers. 1974 - 1984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois) A high end residential, laboratory and institutional cabinet manufacturer. Western Rellional Sales Manaller/Multi-Housinl! Division (Based in Los Angeles, CA.) . Successfully directed the development of a new region of dealerships. independent agents and corporate accounts throughout 7 key western states. Eastern Rel!lonal Sales Maoal!er/Multl-HousinlZ Division (Based in Ft. Lauderdale, FL.) . Effectively managed 17 independent dealerships throughollt 8 key eastem states. National Operations Manal!:erlInstitutional Divbion (Based in St. Charles, Illinois) . Supervised all c.orporate accounts and dealer services. Corporate Sales Enl!ineer/Draftsman/Estimator PROFESSIONAL LICENSES & DESIGNATIONS 2005-Present 2005-Present 2004-Present I 989-Present 1987-Present 1984-1989 Florida Notary Public Commission (#D4l1955) CPM Candidate (IREM ID #0159693) Florida Mortgage Broker License (#504342) Florida Community Association Manager License (#5414) Florida Real Estate Broker License (#500323) California Real Estate Brokers License CITY GOVERNMENT - BOARD POSITION 2004-Present City of Delray Beach, FL - Vice Chaimlan - Board of Construction Appeals MAY-18-2005 06:08 PM 561 865 2636 P.06 ~AMES HOUCK (Resume - Page 3 of 3) EDUCATION 1987-Presenl Florida Continuing Education Courses . Real Estate Broker License & Community Association Management Licenses 1984 - 1986 UNIVERS.lTY OF CALIFORNIA - Los Angeles, California · 8 various Real Estate Classes in Appraisal, Finance, Marketing and Property Management. 1976 - 1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin . 6 various Business Management Classes 1971 - 1974 UNIVERSITY OF ARIZONA - Tucson, Arizona . Bachelor of Architecture Degree 1969 - 1971 SOUTHERN ILLINOIS UNIVERS.lTY - Carbondale. Tllinois . Associate of Architecture Degree l{;M I MAlll ~:T H::~: ~(;(:A B nON ~ iffr~ 1993 2001 (FBI)FE~ 18 ~ooc; 11: 44/;:T. 11: 4VNl). 6:j601)1 ~049 f' _ ~. Legal Residence: 05-C- Lo (<5An E ) CITY OF DELRAY BEACH tlttfs-./lfr. BOARD MEMBER APPLlCATIOIECEIVED FEB 1 8 2005 . <ill i~tPJ . RK M.I.S Zip Code > Zip Code o Flv. N:une G eo" City Please . rill( the followin information: 1. Last Name: 2. Home .Address: City 7. City IS' 0 Cu. 7a4-v... E-Mail .Address: Cell Phone: Fax: <5+wc,ffv.<.h..re.;"" ,; :c,-.c (54-<6\ ~/-94/-(P'l7b If so, where ..re you regi~{ered?"'77 I -:? /7. /' r 4.1.rt-"1 V.f'o..J.1 l....o-v.... ou inruesr:edjn secving? Please liseill or er of preference: . i' 0'. ./,' State Zip Code 4. Princip..l Busiriess .Address: :::J"Jna'j's'/'l.., L-kn. t:-/ 0;;1: I....f-.;-(~. 5. Home Phone: Business Phone: FL 37'(<;]7 ;;t,1-3:;-o-&:.?g;;J.. ~{-<1t;,f-&9r" 6. ALe you.. registered vorer? C.; R:o 8. ds on which YQU are currendy setVing or c prcvio~ly $ervcd: (please include dates) . f '<::':- ) 9. 12. Describe experi.ences. skills or . t:6 are true. -and I ~gree 4lod und~tand du.t any missnu:emen,( of m-aterUl faces forlcinl[C l..'PQn my p'U'l: of 2.oy appointment I Inay teceive:. 51 IRE ;;;:?-.- / 'i5 - 0 ::;- . DATE Not.:: This appliotion will remain on file in dIe City Clerk's Office for a period of 2 year. from dIe date it was submitted. It will be the applicant's responsibility to ensure that a current applica.cio1J is on file. . S\CITYo..lIRJ::.\I)O~f'uc,I,:nQN ROM IMMI~;TI(:~: [HY:.~ RAT(;N ) 2001 - Present 1m - 2000 (FRI)FEB 18 200<, 11 :4S1~T.l1 : 43/NO. 6~l60012049 f' c, ., George Stephen (Steve) Thacker UIJ.l-C Lowson Blvd, Delray Beach, FL 33445 561-35IJ-6282 Career Objective Posilio'l in Enterprise Resource Plan1tirag & Marr,agemenr wuh Q progres.sive organization offering advancement opportunities based on achievement o"d ri?sults_ Summary of Qualifications . Twenty years of experience in all aspeclf of commu.,.icat.ions and marketing for the leleCOMMUl1icalions industry. . High(v mOlivatec4 t'e3uIlS-ornnled profeMiollll1 with broad background in temtory devp.Jopment accounllprojecI. management. with afocu3-on the Fortune 1000. . Derru:mstraled olUJlytica/ and orgQH.uatlonaJ effecliveMSs. + ETcet/eN Interperson.al. COlTlnranicatwn. and managerial sli/l.<;. . Proficient in lVJieeldara/video communicat;ofU and network design. . Proven markecil1g expertis~ with strong aPliIudefor sale..~ managemenJ Work Experience Imlll!istics International. IRe. (formerlv Pitnev Bowes Office Systems) National Account Manager Digital Messagi..g/DQcument Processing & ERP Mani1ged Suvias Solutions i'rovider: Cvpre.f.f Knowledpg ware Sclutions parln.er~' OEMs include M;nolra K.a!J/&JL Pana~iOni<: To.fhiba Sharo. &: Heide/herv amoPlg others. Designed &. engineered enterprise- wide digital printilJg & publishing solurio1'Lf, color printing and 3CaJ1.lIing, desktop publishirrg. desktop faxing, and w.!fIed messaging solutions iLil!htJIinl! Fax), National account sales management, wltile'fflm'nta;n;ng 1,1M existing account base. Summic Qub 200J, Ga...sic Leadership Co'!ference 1004. Ranked .1" nationai(v. Norstan .Communications. Inc. Account Manager/Communications Consullant ... + Tech'lOlogy Sollllions and Services i'ruvider: Project Managed converged VoicalDaJalVideo Entp.T]JrLf(! Networks. Contact Cenrers and Woriforce Management SolutiONS via JP Telephony, Frome Relay. ATM and Un!fied Messaging technology. . .. Panners included Lucent 4!::L. SJ)ectraLittk Wireless Cisco Svstems. d.slJr::1m... MCIWorldcom SOt1nt ilII4 SnrintPCS P/ctureTel!!!!4l1rl.. Siemens 10'alsu. Asoecr, Coml'er.re PeorJleSofr. Blue Pumldn among many olners. . Responsible for existing cu..../omer base. while engaging ',ew business. ~OM IMAGI~TIC8 BocA AATON 19"-1999 '995 . 1997 ) 199. - 1995 .1989 -1994 1988 - 1989 1987 - 1'88 (fA I )FEB 18 200C, 11: 4C, I'.T. 11: 4::1/N,\ 6:'<6001204:1 f' 4 Work Experience (Continued) UniDial Communlcadons. Ine. (now Lightyear Communications) Authoriud Agent - GST Communkations, PresUlent . Re-marketi'Jg Age'Jf for MCI-WorldC{)m Sl1rint. WUliams. f!IUi. rxs:. offering wide-range. low- cOSt Tele/dolo communkarwns services ro commercial customers. . initiated Strategic Partner and Distribution Channel relationships. + Managed inaugural regional soles operations. . PRESIDENTS CLUB LCI InteroatlonaL Inc. (now Qwest Communications) National Account Manager . RespQn.f;ihle/or generating new revenue wh.i1e mairuaining exisring 4 million dollar base. . Maflo.g"ed National Account Support Team. which .'iupporteJ existing account!r. . Project managed tlte design. enginaring. a1td in.:~calla1iQn of V()jce. dalD. and video networks. . Managed responses 10 RFQs an.d RFPs,facilitadng Executive: PresenJalions 10 Senior Executives olForrune 500 companies. -.. . PRESIDENTS ClRCLEAword_ 1996. Thomas & BettsINevada Western. Berk-Tek Manufacturers Representative, Oalc BfU Marketing . Responsible for marketing Premise Wirin.g Systems and Commun-icaria11s Cable to e;.:isting Di.~(rihutors whUe generating new revell~': with Contractors and End-users. Data Processinl!: Sdence$. Corp. Regional RepresentaJive . As Daw..communicatiorrs Cnn.u(ltant. responsible for design, procurement. and implementation of Integrated Wide Area Netwo,-k and Local..{rea Network 'OIUlio1Lf and products. . Managed natWnal territory of associate brokers. distributors and cu.flomer ba3e \Vhile generating new business. .. Represented Qver 50differenr manufo4:turers of ndwork systems. data commmucations hardware and related software. Republic RoUer Corp. (fonnerly Dayco Rubber) Account Representative . MarkeJed custom rubber roller recovering services to the printjllg. paper mill. metal treating. laminating and relared industrie.f. .,. Interactive Comm\l.oieatlon Svstems. Inc. Account Representative . Re-marketed data communk:.ations hardware and soflware.(lerm.inal emulation mulfile transfer} for IBM. DEe and UnisyslBurTough., Mainframes and most UM"X Sy.'tems. Partners included K&.. Attachmale. Emerald. i!JJ!!lbg. and BLAST. ROM IMAiili:T1(:~ f;O{:.~ RAT{)N ) 1985 -1987 1983 -1985 197.5 - 1981 , , ) ) {FRI)FEB 18 200~ l1:F.T 11 : 4 Oi/NO. 6%0012049 f' < J Work Experience (Continued) Automatic D.ta Processlnl!. Inc. District Managu . RespoflSible for Marleering dOU1 processfng service.< and software. . Supervised Account Ex~cutivcs and Client Servke Represmtatives Pitnev Bowes. DlctaDhone Coro. Senior Account Executive . Responsiblefor Major Account MarIr.e,ingfor dktaEion and dig/,al voice communication syscems. CHAlRMANS CLUB. Education University of Cincinnati B"ch~/or of F.ite _4rO' Degret!$ Broa4casr COlrUflli.n.k-"tions . Alpha Epsilon Rho F rat,,",-ily Professional memberships . rrj-Swre Tec.hnology Association, Vendor Commircee . .A.dvenising Duh of Cincinnati + Rotary ['l/.ernaJi01uzl Community activities . . Boy Scouts of A1ru!rica. Dlstric.l Com.milCl~e. A.cst SLoutma.~ter . Knighrs of Columbus. F aurth D.,gree II' . CatJwlic Order of Foresters . CincinnaEi ArtS Fes'ival, lllC., Sing CindllllaEi/ . Steering Commu,ee . SPEDSQSA - Southern Gateway Chorus. Director af Marketillg. Asst. Music Director . . '".,./. .....,',' ".; ..'.":".. '..'1': . .... .' ,.1._" c'" '" ::", ;:; " !..' '. :' .. ~ ~:' :~; :j:: :,.: '- "': ;:'~':'@ (}t'nwI /liftt.Sk;-e RECEIVED DECO 5 2005 CITY OF DELRAY BEACH CITY CLEf!.~ BOARD MEMBER APPLICATION / tJ-j5Jt7J 1~3 ll_~" 1. Name State R State M.I6 Zip Code .iI - Zip Code 2. Home Address: 'I J) /~ c 3. Legal Residence: .. Ai. uJ ' Ci~jy City ft..;1.. City State Zip Code 4. Principal Business Address: 5. Home Phone: $6/- d.. 7-'-- -0 ~ :L 6. Are you a registered voter? Oe ~/Ye JJ Business Phone: E-Mail Address: ,J t)"; e. J18 Fax: i 7. What Board(s) are you interested in servie PI 'd. AJ.,L 8. list all City Boards on which you are currently servin 9. Educational qualifications: (!a .L UI'1 b / U/{/IV. IJ. .C ;.Ie AU. ,. C . iLl JI(. Sf, 1/. /C7d 12. Describe experiences, skills or knowledge which qualifY you to serve on this board: (l'lease attach a brief resume) D L~D:LI- .J' ' tn,.-t~: C',4.JVH.4 Nf .JJ... of eO> r.J ~ )I ~ ey /EA/ce I hereby certify that all the above tatements are true, and I agree and understand that any misstatement of material facts conrame . this application ay cause forfeiture upon my part of any appointment I may receive. ) &Zc. d!:.P .JiJtJS- 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\APPUCATION / "lId/Oj RECEIVED DEe f 2 2005 CITY OFDELRAY BEACH BOARD MEMBER APPLlC~LfIONERK ~8a/2ffi'V(fe.. 1. Name S77T~ LEi City 1 zz-P-- ~ City M.l. 2. State 3. 4. Principal Business Addtess: .~~ 5. Home Phone: Business Phone: City State Zip Code E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? If so, where are you registered? 7. J /.) serving? Please list in or~pref~r~ce: n.. I I, 1 .~ /1.- r-r>f4QEI7C"('Tt 07"-. 111-..1- pu!'TL'i<r J- /r} vJ f1T-.} 71J &-- puB c... Ie.. 8. List aU City Boards on which you are currently serving or have previously served: (please include dates) . ~9~ 9. Educational qualifications: 2 /V;2!o~ C IF tr{ n~ ,-J I Vr;12.31 -)\. 10. List any r ted.. professioJ:!j\1. certifications and licen~ which y, u hold:.. J L L., r-::--e f!... /1 $" -to r- >"t4-: . f?. 94- 11 m L.. /53-r'?/" ~- 11. Give your present, or .most recent employer, and position: 12. ~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contain in this apPliCatiO~Se forfeiture upon my part of any appointment I =;:;;2 ? ~ SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'CITYCLER.K\BOARD\APPUCA TlQN MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER tft.l\., AGENDA ITEM # q:r:.- REGULAR MEETING OF JANUARY 17. 2006 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD SUBJECT: DATE: JANUARY 13,2006 Mr. Nick Loeb, regular member of the Nuisance Abatement Board submitted his resignation effective December 5, 2005. This creates a vacancy for a regular member to serve an unexpired term ending March 31, 2007. Ms. Eileen Marks and Mr. Philip Friedman are both alternate members and would like to be considered as regular members. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individuals have submitted applications and would like to be considered for appointment: Philip Friedman (Incumbent) Linda Leib Eileen Marks (Incumbent) Arline Sherman Gerald F ranciosa (also applying for the Police and Firefighters Retirement System Board of Trustees, the Public Employees Relations Committee, the Code Enforcement Board and the Education Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4) for a regular member to serve an unexpired term ending March 31, 2007. Recommend appointment of one (1) regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2007. NUISANCE ABATEMENT 03/0S TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 03/31/2006 Greta Britt Coordinator Home: 495-1614 Unexp AI,02/01/0S 867 Sunflower Avenue Unexp "'802/IS/OS Delrav Beach, FL 33445 R~':nt OJ/IS/OS reo 03/31/2007 Kenneth Kaltman Financial Manager Home: 274-6751 Unexp AIt 03/01/0S 608 N. Swinton Avenue Work: 330-7645 Re-2pp' 03/31/0S 'eg Delrav Beach, FL 33444 Cell: 870-4859 03/31/2006 Susan Kay, Chair Case Manager Home: 495-7848 App,03/1I/04 "'8 2571 Hampton Circle North Fax: 495-1287 AI, 11/18/03 Delrav Beach, FL 33445 03/31/2007 Todd L'Herrou, Vice Chair Web Designer Home: 278-2415 App,03/31/0S 830 Kokomo Key Lane Work: 272-3200 Delrav Beach, FL 33483 03/31/07 Home: Unexp App' Vacant Work: . Cell: POllCE LEGAL ADVISOR Catherine Kozol Work: 243-7822 Secretarv: 243-7823 ALTERNATES 03/31/2007 Philip F riedrnan Realtor/Financial Home: 276-2207 Unexp App' 03/0l/0S 960 Allarnanda Drive Aid Re-'l'P'Reg03/31/0S Delrav Beach, FL 33483 03/31/07 Eileen Marks CSR/Banking Home: 266-8494 App,04/IS/03 371 Coral Trace Lane App, Reg02/1S/0S uoexp Delrav Beach, FL 33445 RO:~'AI'03/31/0S BOARD COUNSEL Steve D. Rubin, Esq Work: (561)391-7992 980 N Federal Highway Fax: (561)347-0828 Suite 434 Boca Raton, FL 33432-2704 Contact: Venice Cobb s/Gty Clerlt/Board O4/NWsance Abatement LOEB (/2: C /:::/ o(c 'V~" (J~ v CII} " <DOS CI..I2IiI( Investments December 5, 2005 AUn: Chevelle Nubin City Clerk of Delray Beach lOONW 1st Avenue Delray Beach, FL 33444 Dear Office of the City Clerk, This letter is to notify you that 1 hereby resign my position on the Nuisance Abatement Board effective immediately. To my knowledge, the Nuisance Abatement Board is the only board for which 1 have been appointed. 1 would like to remove my name from future consideration from any and all city boards until [ grant expressed written permission to the contrary. Thank you very much for your assistance with this matter. Sincerely, I\... \ l.~ l-~ :::;:: Nfuk Loeb CC~ John Whittles Richman Greer Well Brumbaugh Mirabito & Christensen, P.A. One Clearlake Centre 250 Australian Ave South, Suite 1504 West Palm Beach, FL 33401-5016 2255 Glades Road . Suite 223A . Boca Raton, FL 33431 Office: (561) 241-8171 Fax: (561) 241-4966 Email: nmloeb@aol.com 1 : GER-SHt I ~HJI~.l.~'.'J;:l IJ:i'~ 1.~:';};j t'A,! ~tflZ-iJ.:h'J4 ~9. 04~~~~~ <?/tf/eJ CITY OF DELRAY BEACH €.G€.\\1€.O BOARD MEMBER APPLlCATIO~ ." 'l.\1\\S . t>.\lG ~ C\\''< C\.'e.?.'f.. FA>": I'IlJ. : 56126607-16 Cln: CLt::l{K OfUU.Y Uo.CM ~ ;'1P7 . 1993 2001 "j.J . E1JE {"T Lcg>l~= S~ P.rincipal..Busio."". JI.dd=: ltLL oF City City St:Uc City SI1b: Zit> Co& I HOMe Phone: 1lum.=s Phone: Fax: ~6()Nb . . / fr'w- V/Y7rni CS . . . . Lis. all Cir:y Bo""",,,,, wbkh you..., ==dy scrriDgoe !lave pc~vioU31y .=cd: ~ jodllik <h=) ;V'o W .) Ed~ quoljflutio"so 13 ). list::my ~eIated proc...siowd CM.ifir. noos an.;i Ii"""=,, which YOu hol<i I. Gl?e youe present;. or m.c>>t tecent employer. and posicion: t Describe apa;=. oldlI. 0< kno'lOiedge whid.. qw.1iIY YO" to =eve 0" this 1,,,,,,,d: (PI....e:>a:xcb .. bcicl' =umc) . OJ\ )/i) f?- ~ appUc..tion will =min on .fiIe in th.e CiLy GaJi:.>s Office fOra pe>lod ot 2 y= from lhe <htc it""", hlXlillr!:4. Ie",jJj be the appli=nl'. responsibility '0 ~e. dt:;u: a cuw:nt >ppli.cotiou is OQ file. .~~ .\ Leg2l Residence: CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION RECEIVED AUG - 5 2005 K 'lj 101 . C-0/rC'o~/ ~ca ORJ!AV BEACH . . . .. . . .. ***** mr 1993 2001 N lease information: .. City State Zit> Code '. Home Phone: . Business Phone: E-Mail Address: Cell Phone: Fax:: '. 1f<A..\-t."'''-L . .. IV 10 <;' d... eJ"D ~u...S'lrve S I. :0. List any relaq,d pr'j'f9l'ional certifications and !ifenses which you hold: ~.e.\o<....-vV S ~S I (cUJ<:<-e-. '@- (E~f<..- tu..\~$t .. e) (],; \Z-eft- iN Ol.. e.o~ 85$oc\t9'c above sl1tements are tnle, and I agree and understand that =y nUssl1tement of material &cts on may ca forfeitw:e upon my part of any appointment I ~ ~e. . . E0,s- CJ~ DAlE I ' l"Iote: This application will renWn 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. . ~C\noN . . , , , -p ~ ~ \ \. <: V<"l-, e.d /V'>./:W .<7 (90 4\ \~ ~ ~n-<.~ ~~~ .9\ t:,6'{~3 ...s-l91 - d- 7 Co - ~d--D 7 Jll ~ ; ~ i ~ ; I" ; ~ : ,:, ... !;I ", ". ~ -. hi p. c!.~Qf'? :;: 13- A. I~ ;f:Cc>N6>rnlcs, - Hv-~Ca )\~) f1i l'-\. v-o ~ rtiA..- Ct J-cx- ;C;c, ~ l!I 1\1,~.j}. "t:;k<Z.AJ ~J:}oo} J~'j~ I N~on.k ..,u.~ll_ ... .. . Cl .~.. lq~S-.... I} .. ..~. .. . . III \.in ~ J.O(LY!cl..<::::-~\e,,,,ce.- I!! Ie; G,Q"- 1'i6~ CCAJ'o:(\j~k..Q,~~Of"'l j'l ~-:.._-:.. !iI ~ IA-7C ~~,~'--S+ .... ii! {CZ(pr;-/97')- Leu-fYL \b~~~~ - g~ . I" . -Ill . TA-X ~JqlL~+- .. .llr 1'17,,"-, 1'l<;g'I~:=C"~~~!:io,~ . IIi .IbSLS~UN_.d_~._.. -1J{NOJ____u II l.L._ u. ~_..._..___....._ . .. .. .. .... ..... . . ...._......._._.._.._...__00.._.._......... ....._._... ................_...__.00..._.._. ~rH -(c;JPS"-(<7.1t?Al~f'~-~&~!>~\G~= -. ... . lit ..Q~,rd '~ R""" C",:k~fu~ - ~~~ .!f~~Cl-c;\&k.. '(~t-'J.L{J .... ~ ... ... .... /' r' ~ . ---:--'-'1' -.- . ... . . .... .. . [I, III ,.{ 1" III III ill ,.. . .p! ,1I r" dl' . ...1/ Jh ..!! 12-e.tt\e--s~/ a.~/v--es, f <6~ +-OD~Al co\l~",O. . .... i~i1l! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION / :;jfb1/~ (J$- t71!- 'fiR. OELRAYBEACH . . ,,.. . . co ... ***** Name LINDA City ------ City State Zip Code ., Home Phone: Business Phone: Cell Phone: Fax: hereby certify that all the above statements are true, and I agree and understand that any misstatCment of mateiial facts >n. in this appli . on may cause forE. . e upon my part of any appointment I may, receive. RECEIVED DEe rote: 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 respo0l>~ (!;lr6~at a current application is on file. et--( J a{ ~ "'-UYCUlltK\80ARIMPPUCATtON NAIDRE All-AmericaCity , 'II ,! 1993 2001 ,J-I-{-&f RECEIVED CITY OF DELRAY BEACH FER 082005 BOARD MEMBER APPLlCATIONc . . RK Cl {'{ vLE DELRAY BEACH .. ~ .. . . .. ... ***** information: 2. Home Address: 3 3. Legal Residence: LAtJE MI. City S~e F-L State ~Zi;jl Co'} Zip Code 4. City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~I r,.2{; -f 6. Are you a regist 'i - 11. . Give your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts con ed in this a Iicat10n ma cause forfeiture upon my part of any apPoinD;;;TEe~ dj ?ve. .GNA11JRE ~~ 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\AI'PUCATION AlI-AIDericaCity , , II J! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION /,hd5itJa( -;der~f J Mt7J?~/ f;~~7 DE1.RAYBEACH . \ 1.-'. . , . .. ***** 'lase rint the followin information: LastName: SH13.RMAN ~ Home Address: .3ltlS" M.v/. I tl ST- '. Legal Residence: ~A-#1~ L Principal Business Address: Name /tRL..iN r:. City ML /). Zip Code City Zip Code - City State Zip Code "'~ '. Home Phone: - - - Business Phone: E-Mail Address: Cell Phone: Fax: What Board(s) are you interested in serving? Please list in order of p eference: Jll//~t!/! List all City Boards on i h you are currendy serving or have previously served: (please include dates) Of' o. List any related ptOfessional certifications and licenses which you hold: . .pi I . ,(J ." l\"j) ,I.) *T 4 e. ('It&T board: (please attach a brief resume) -7 - G. 0_. I' J, , - tJ.rc.orJti hereby certify diat all die above statements are e, and I agree and understand that any misstatement of material facts ontained in this application may cause forfeiture upon my part of any appointment I may receive. laJ'~~.L , t!)o~~ RECEIVED ..SNATIJRE JAN 1 0 2005 If:I~.r DA lote: This application will remain on file in the P~-!1l~ ((ffice for a period of 2 years from the date it was submitted. It will be the applicant's ~;(si~"t& \onsure that a current application is on file. S\OTYcteRK\BOARD.APPUCAllON MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM:CITYMANAGER 11M SUBJECT: AGENDA ITEM # q~ - REGULAR MEETING OF JANUARY 17 2006 APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: JANUARY 13, 2006 The terms for Ms. Nancy Lierle, representative of the Adantic Avenue Corridor between Swinton Avenue and the Intracoastal; Ms. Jeannette Dobson, representative of the Adantic Avenue Corridor between Swinton Avenue and Interstate 95; Mr. Jorge Ramos, representative of the Atlantic Avenue and State Road AlA Corridors and lying east of the Intracoastal Waterway; and Mr. Joe Gillie, representative of the Old School Square Historic Arts District will expire on January 31, 2006. Mr. Ramos will have served one (1) full term is eligible and would like to be considered for reappointment. Ms. Dobson will have served an unexpired term is eligible and would like to be considered for reappointment. Ms. Lierle and Mr. Gillie will have served two (2) full terms and are not eligible for reappointment. This creates a vacancy for an individual to represent the Adantic Avenue Corridor between Swinton Avenue and the Intracoastal and a vacancy for an individual to represent the Old School Square Historic Arts District. At this time, there are no applicants to represent the Old School Square Historic Arts District. The Parking Management Advisoty 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 (rCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. The following individuals have submitted an application and would like to be considered for appointment: Mark Denkler Jeannette Dobson Jorge Ramos (Incumbent) (Incumbent) Vince Canning Shoes Parkers Kitchen Caffe Luna Rosa A check to confirm that all are registered voters was completed. All are registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5) for three (3) regular members to serve two (2) year terms ending January 31, 2008. Recommend appointment of three (3) regular members to the Parking Management Advisory Board for two (2) year terms ending January 31, 2008. PARKING MANAGEMENT ADVISORY BOARD 01/06 TERM MEMBERS CATEGORY TELEPHONE EXPIRES 08/31/07 Mark Krall, Chair P&Z Home: 330-0215 App' 09/09/03 1405 S Federal Hwy #141 Office: 276-7424 ~tll/"12/05 Oelray Beach, FL 33483 Fax: 278-6909 Ratified 12/13/05 08/01/06 Ronald Radabaugh Chambers Office: 243-3073 Appt Unexpired term~ 976 Banyan Drive Home: 279-9555 03/20/01 ~t 07/02/02 Delray Beach, FL 33444 Fax: 274-4849 R<'!'P,07/2O/04 Ernail; che&on2lalaol.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 Delray Beach, FL 33483 Cell: 330-8233 R.2pp,07/28/0S IUtified 09/06/0S 09/30/04 WARC Fax: Vacant Cell: Email: 08/01/06 Richard Sheremeta, V-Chair DDA Office: 243-8700 App' 08/06/02 310 Southeast First Street Home: 265-1576 R.2ppt 07/20/04 Delray Beach, FL 33483 Email: rs hws{@bellsouth.net The represenratives ahove are ratified by the City commission. The representatives below are appointed bv the Citv Commission. 01/31/06 Nancy Lierle Adantic Avenue Corridor Office: 278-3399 Appt02/19/02 429 East Adantic Avenue Between Swinton Avenue Home: 272-3323 Reapp' 01/06/04 Oelray Beach, FL 33483 and Intracoastal Fax: 278-3399 01/31/06 Jeannette Dobson Adantic Avenue Corridor Office: 243-1794 Appt 02/01/05 Unexp 700 W. Adantic Avenue Between Swinton Avenue Home: 637-4074 Delray Beach, FL 33444 and Interstate 95 Cell: 445-1694 Fax: 637-1675 01/31/06 Jorge Ramos Adantic Avenue and State Office: 789-5668 App' 01/06/04 34 South Ocean Blvd. Road AlA Corridors and Home: 338-0690 (cesumed his term) Oelray Beach, FL33483 lying East of the Email: Intracoastal Waterway lor>,:e@CaffeLunaRosa.com 01/31/06 (Wilbur) Joe Gillie Old School Square Office: 243-7922 App,02/19/02 51 North Swinton Avenue Historic Arts District Home: 272-7933 Reapp' 01/06/04 Delray Beach, FL 33444 Fax: 243-7018 Email: directorlnloldschooLoru 01/31/07 Melvin Sacharow Citizen-at -Large Office: App' 01/07/03 2560 Riviera Drive Home: 243-2857 R.2pp' 01/04/0S Delray Beach, FL 33445 Cell: 445-6863 Email: melsacharo uno.com 01/31/07 Troy Wheat Citizen-at-Large Office: 266-6762 App' 01/06/04 Unexp 1022 East Adantic Avenue Home: 737-1308 Reapp' 01/04/0S Delray Beach, FL 33483 Fax: 265-0816 Email: Troy.D.Wheat@SmithBarn ev.com Contact: Scott Aronson - Parking Management Specialist 243-7286 COmmission Liaison: Patricia Archer PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 01/06 TERM MEMBERS CATEGORY TELEPHONE EXPIRES 08/31/06 Diane Borchardt P&Z ~ome: 272-1196 Unexp App' 12/19/0S 625 Heron Drive pffice: 515-6550 ""tifie<! 01/03/06 Delray Beach, FL 33444 08/01/06 David Cook ~hambers pffice: 276-4194 App' 07/06/04 901 Southwest 33'" Place ':lome: 732-4193 Boynton Beach, FL 33435 ~ax: 276-4190 07/01/06 Brenda Montague ~RA ::>ffice: 278-0300 App' 07/06/04 2443 S Coral Trace Circle ':lome: 272-0257 Delray Beach, FL 33445 :ell: 703-7997 09/30/06 Roasalind Murray ~ARC ::>ffice: 276-8640 Appt 07/06/04 3138 Via Poinciana #411 Lake Worth, FL 33467 08/01/06 Perry DonFrancisco IDDA ::>ffice: 278-3364 Appt 07/06/04 40 S Ocean Blvd Home: 361-8284 Delray Beach, FL 33483 ~ax: 278-3328 Contact: Scott Aronson - Parking Management Specialist 243-7286 Commission Liaison: Patricia An:her OB.RAYBEACH f . 0 .. . . .. ***** /OZP /07 CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLlCATIONC DE n 1 2005 CITY CLERK ;illl! 1993 2001 Please e br rint the followin information: 1. Last Name: State FL- State M\J Zip Code })'1'1 Zip Code \)e..n 2. Home Address:? ->~O 3. Lega1 Residence: S4.,..,.~ 4. Principal Business Address: ~e.t PW 't!!:. SI Name M JtrK. City State Zip Code >)~ &. . 1\-"t14r'bc... ~C- v?! t~ Cell Phone: H..- 'S.'J'fLf'i 5. Home Phone: Business Phone: E-Mail Address: Fax: 1:h~~'1Tf') 6. z-7b-I:::;70 ALe you a registered voter? v It. 7. What Board(s) :ore you interested in serving? Please list in order of preference: If so, where are you registered? L.. eRA 8. List :ill City v~. e currently or have previous y secved: (Please include dates) 9. 10. List any related professional certifications and .licenses which you hold: 11. Give your present, or most recent employer, and position: 'PI"" ; /hi- "lj- I Ct... " . ~ e~ _bNATURE DAlE Note: This 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 flle_ SlCITYcr.F..RKlliOARD\APPl1CA nON" MARK DENKLER 320 N.W. 9TI1 STREET DELRAY BEACH, FL 33444 EMPLOYMENT Canning Shoes, Ine. - President and owner of Vince Canning Shoes at 335 E: Atlantic Ave. since 1994. Third generation operator of retail shoe store started by my grandfather in 1952. Fuji Bank, Houston Agency - Vice President and Assistant Manager of the Corporate Finance Department. Responsible for new loans totaling over $1 Billion as well as managing a total loan portfolio of over $2.1 Billion. Fuji Bank, Houston Agency - Assistant Manager of the Credit Control Division. Supervised Credit Analysts in their preparation of credit reviews of the corporate clients. FirsfCity Bank of Houston - Lending Officer in the Corporate Lending Department. Lending officer concentrating on loans and cash management services for national corporate clients of the largest bank in Houston. First City Bancorportation - Audit Supervisor in the Audit Department. Prepared audits of the operations of the bank as well as loan documentation of the Lending Departments. ) , COMMUNITY ACTIVITIES National Shoe Retailers Association - Director since 2003. Chairman of the Informational Resources Committee and member of the Finance Committee as well as advisor to the formation of the Independent Footwear Buyers Alliance. Rotary Club of Delray Beach - Board Director since 1996 and President 2003-2Q04 First Pr.esbyterian Church of Boca Raton - Elder 2000-2003. Member of the Finance Committee since 1999 and Chairman 2001-2003. Delray Merchant's aud Business Association - Board Director from 1995-2004. . Chairman 2000-2002. Delray Beach Chamber of Commerce - Ambassador from 1994 to 1998. Finalist for Small Businessman of the Year in 200 I City of Delray Beach - Member of Visions 2005 Committee and Member of two Commissioner's Visionary workshops Leadership Delray Beach - Graduate of Class of 2000 EDUCATION University of Texas at Austin, BBA - Finance FROI" ['OBSO FH:<: ~IO. 5616371675 Sep. 29 2003 12: 08Pf'1 P2 DELItAY SEACH ~ "II I! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 9 -tl9-t25 .A.hr6e- , Plea.~<:type or print r?c fono~;ng i~fo..n'lation: -' l. La", Name: }A k/h 2. . Horne A:ldrc)s: . in <' r _. L 5" rJ r? 9: ':xA'/ee.3lUh dtvel!::L 3. l.egal Residence: /i Ci'Y {J/JAVlR....-- 4. PIineipal Business Addre,s; ~ JL;1r.4.; /;0. IH-Il4c1i~ At r-t - 7 '&llilt Boa:cd(s) arc you intercs(c State Zip Code cJ.. A 334ff 5. I-Iome Phone. 61.,1-~ 31/' 7 6. Business Phone: Fax: fU-qf{~/f/t 6J7-/{;'} 8. List all City Boards (m whicb )'l)U arc currently .,:,.etving or have pTC .~ 9_ Educational qu.alifica.riof)~: 'J"u-S; : -~~l/IJ U-y>-C our prese.nr, or Iuost rcceur c:mploye't, and position: .-...".-..--.-.----",,-'-"Y 11. r61Ltl/,t{ kyo.i f1ui.r;J (~ Ifdf1iw~' Def,CTibc cxp(:r1c:ncc.s, skill~ or kn(.lwkdgc which qualify you (0 Serve. Of! t.his board: (pkasl..~ llttach ~ brief resume) w DATE 4f:l;. ~ ~ Note: This application \vill rem.un on file in me Cit.y Clerk's Office for a pc.r.kH:l of 2 YC:<lr~ from the date it w-as submitted. It will be- 'the. applicant's responsibility to ensure that a. c:urrcl.lt a212lication is on file. R E eEl V E U ~\CITYCI.r:!t!<.'.BOi\Jt.r>,,'.PPI.I<::^TIO"'l SEP 29 2003 CITY CLERK :E<':-17-2003 16:00 FROI1: TO:S61 243 3774 P.002 OElllAY BEACH . . .. .. .. . bIl!D:II ~Cltr , III I! 1993 2001 fJu~~l1e?O Ag/< nln / if!;' CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Plca.....c (: or tint the followjll ,. ~llorman()n: 1. Llst Name?': N~111<: ------ f.L I. (/ /.. r (uYa I? P'l- -{'Dr! 'f!'r . o:::A Ciry SlO1tC ,. Stille: ..lty ~!i2. fj3w.d (l P.A <-t<.oS ::!. Hs/~~"'Po/JI.+ Afex/s ~l_ l..egal R~$idcnCi.:: s~ 4. 'I'nncip--.I i~'-I:iinCSS Add...~~: .3tf 0CC;.J~.fA. fuCM'l 8fJd!. 5. I [on'll: 1'11(1)(": BtL-':lne-s$ Phl"nc E-Mail Address: Cell Phone.: 0701 - 33 r-o;,<(o Sk [ - 7~q. ~(, J29~r:J e.rth7J. l;.(~c.,,<;~ C" Are- YOll a ccgis[cre:d vOl<:'rt "( f :<;0.. where ace you re:gis.r('[cJ? LS F""<L"'-"~<...-t '-tOLq,~ 7. \'</bal n,,;(nl(~ ;lce you inlcrc:-;:h:-d In sccving? rlc;t~(", li::;c ia ocdcr of prefC'((Ooct:": Fax: ::o,--v{ 2 ""'.'1 - 'l'f~- ?Gc~l0<r->"1 lMoNL''':1~~ t At3.v: "'-='~__ eOo..~ 8. LISI;\II Cu~' .Bo.uds 011 wltKh p...lU arc currendy $C-('\.'U\~ or h~ve pl"~VI('u~y SCJVcd: (pIe..:" Indl.ldc- da[e$) ) 'J. ,....o....z. Education...l <-t1(~,lj6<:"rion;<,: <:> \:~~=----\ ~~c; "-"-"--<:.. :!- :::;fo...-+r-'{ft"c S b(("d profc.$sional <:ercificar.iollS and lio:nsc.:: ,-uhlel1 Y(lll hold: . D,-:,-,,,-V"s L ,.<..<>.,,-,<S.<-. C';I' ,,"- !'-v:...J.. -r< r~V"lZ V\.~v<-) It. Give ~.Olll" i'\rcscnl. or m('::5[ CC'l:"cnt cm.ploY<:'J:. ~lId po~i(ion: c.o..~ F"" t. .{... CIA..) ,tj. ~ ~.<:\ IV.. <l..-Vl.<..<. . < ^'(j PO/":tN~"\ &VVI. 12. D6\:r-illC l..-xpc':tencr.s. ~k.iIh or knowk:dg,c wtuch qu::lli(\' YOll (0 serve (Ill lhi.s board: (P c;;a~C':. atfach a bri~f n:::mm.cJ ~_L \.Yovk.J,J. "-"'& /..........~ IN dJ..\~ .f"CV" '1~"'''''''S, 0..(,,, (;.xP~<rJc.V'-c.<1.cR .\..-U;~ 0<-U'DN,4 EcfV'I,Io'1R.'- ~ Pc<r~'NC. "'<>-<.cfJ- I h<:eeby certify rh.u ill d..c ~1...lV(.- sG\(em~l\ll' ~["<" ((\IC, and J :.ilgtc:o:- :.nd l1UdCL$(;;UU!.J.;tt ;.ny nUsst:arc;tncnr of macen'itl {:tces Ul .. .1'pk..ie. /MNrc "1'''n my p'<< of at'l. "P~Qin'tu"nt r may '<eeIY,. -- c D1I:1'E N(){\~: lhis ..ppliu"l.r1on wiU remain on tile in the Ciry Cltck'~ ()ftic:c f(lf., pcdo:d ().f 2 y<::.t.r'$. ft-011\ lhc dat.e l( was ~ul>mITTe<L .It will hr..: rhe applic..-ant'=- responsibility [OetlSllrc tll<.l~ a curce"ll( ~pplican{)n is un file. :i'<('rfv.-u,...~........I<(...hN'L....,..;n.....,. RECEIVED DEe 1 7 2003 CITY CLERK MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t?7!1 AGENDA ITEM # q \Z... - REGULAR MEETING OF JANUARY 17. 2006 APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES TO: SUBJECT: DATE: JANUARY 13,2006 Mr. Kenneth Rubin, regular member of the Police and Firefighters Retirement System Board of Trustees, resigned effective December 2, 2005. This creates a vacancy for a regular member to serve an unexpired term ending June 30, 2006. In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications and would like to be considered for appointment: Gerald F ranciosa (also applying for the Code Enforcement Board, Public Employees Relations Committee and the Nuisance Abatement Board) Adam Frankel Glenn Schuster (currendy serving on the Code Enforcement Board) Alexander Simon A check to confirm that all are registered voters was completed. All are registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5) for a regular member to serve an unexpired term ending June 30, 2006. Recommend appointment of one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for an unexpired term ending June 30, 2006. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES (No Term Limits) UfOS TERM EXPIRES REGULAR MEMBERS APPT BY TELEPHONE Indefinite William Adams, Chair Fire Chief Office: 243-7420 To replace Richard Murphy Assistant Fire Chief effective 04/23/02 Fire Department Indefinite Captain Mark Davis, Vice Chair Police Chief Office: 273-7872 Police Department 04/22/2007 Melvin Sacharow City Office: 243-2857 . App'05/17/0S 2560 Riviera Drive Commissioners Cell: 445-6863 Delray Beach, FL 33445 (2 yr term) 04/22/2007 Sergeant Brady Myers Police Dept Office: 662-8997 App' 04/"12/05 Police Department 06/30/2006 Vacant City Office: Unexp term Commissioners Home: (2 vr term) 04/22/2006 Officer Charles M. Jeroloman Police Dept Office: 243-7800 R<'l'P' 04/04 Police Department 04/22/2007 Lt. Joe Ligouri Fire Dept App' 04/99 Fire Department Reappt 04/01 ~04/03 04/0S 04/22/2006 Lt. James Tabeek Fire Dept Office: 243-7426 Unexp Appt t%s Fire Department Mayor Perlman (Mayor is sitting . member) Contact:. Anne Woods 266-0512 (fax) 265-0616 s/c;,., C1ed</Board O4/PoOCe & Fue Board ofTruste.. Page 1 of! c. Cobb, Venice From: Cobra5pto@ao!.com Sent: Friday, December 02, 200510:45 AM To: Cobb, Venice Cc: Perlman, Jeff (personal email) Subject: Re: From Ken Rubin To: Venice Cobb City of Delray Beach 100 NW 1 Ave Delray Beach, FL 33444 December 1, 2005 Dear Venice: I hereby. resign from the Board of Trustees of the City of Delray Beach Police and Fire Pension Fund. Due to potential liability and conflicts of interest with the recent public disdosures pertaining to the fund in conjunction with Federal and State Securities and Insurance Licenses I hold, J am unable to remain in this position. J hope to be able to serve on the future on other city boards that do not have exposure to my personal conflicts of interes!. Sincerely, Kenneth S Rubin 695 Enfield Ct Delray Beach, FL 561-350-5991 cc: Jeff Perlman " 12/2/2005 FF'OI'l : CiER-SHll 'J~ '1I~ ');l Hi'. 1.~:3a ~^J ~~1~4JJI"q Aug. 04200g;7;!W' <?tifh CITY OF DELRAY BEACH E.CEJ\I€.O BOARD MEMBER APPLICATIO~ " '2.\1\\5 . t>.\lG - v.. " C\.e.~ C\\', . FH>< 110. : 56126607-16 t.:l1"L CLl::1{1\ ORRAY B~.ACH ~ 'me 1993 2001 P1=c type 01 print me followinK iafonmuion: 1. wtN=e: M.L 2. iJ E1JE {"T 3. Lcg>l ROOdu.=; S~ 4. P.rincipaJ.Busio.",. Add=.s: / City CiLy City SI1.., Zil;' Cook I .)- HOD>e Phone; S [,1 -vU 060? 6. A<e you ~ ~to.zed Vo""'~ BuUu=S Phone; E-Mail J\ddtco~ CdlPh1'-fk -t5Ji~6 () HI, you registered? 7. ~t Boar;d(a) il.Zll; you tntere.s[ in scrriog? PlbSe list in ~:rder ('~ pc~~ce: . frA/rf C Vlr7m i cs 8. Lis, all City Boarn. 00 wb.icb you - =<udy .crn"g or have prc.rously s=ed: (l.'lcue .indu& d.",,) ;V'o w ~~~~1~utiQ~S; 13 to. Ust: any ,elated p%or"".iow.!. certiti~tio"" 2.Ild lice...... ....hich you hold 11.-;:;1-00 y~U[ present; or III.O$t recent employer, and position; M ~ . 12. Describe ape.;...""" .klli. 0' knowledge whi<!h. qusJify y.>u to serve <l" this b_d; (l.'l=e =ch a bcicf r"WIle) .. t ~ ~e .t...... t ,=='" are <tuo, alld 1 agree and t1n~""'d tbltt "flY mi...:..""""" of nl~<<:<ial D= ... ""-------..... ~~o,..,,_o~~ -:7 i; ),fJ q...; DJ\ .. app&ation willreauin on file In u... City Oe;ck'. Offioe for a peI!lod of 2 Y"'"'" from the thtc it ~ booit!ted. It will be the app!icml'. ",,,,,!,onsibility '0 Cn.urcd'''-t a =, "Fp\j,ealiou is OQ file. ~~A&D""'f'I'UC'l.1lO"" DElRAY BEACH ~ lIUllcaCilr " II J! 1993 2001 -)l~ ~ O~ .. ~., .... //.;. CITY 01= DELRAY BEACH O/~ ,y~ ~O BOARD MEMBER APPLICATION J- O( > ~J' ~~-r 113tiP'J infonnation: '2.(..5"" - \--:;1-"') ') 01.. - ")1"L ) 6. Are you a registered voter? \ li I so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: ~>J EcMail Address: ~,.,I. Cell Phone: M.1. L State Zi) Code FL 3 '"1'1 ~ State Zip Code Fe. 33't1l1 State Zip Code Fe SJ.'1J"L Fax: 1M \J. ~A\"'-m> et.. to <;K L.,l 5. Home Phone: Business Phone: Name (tt)AM. C 't)E. f::, EA<+ City \}EiJ !J4Au+ City f:,~ R4,v(eL 2. Home Addres';i... 2-'1~ r tJ W (2. sr ~,4. 3. Legal Residence: \)"u tJ €.l.,(k Avt. ~ L. 4. Principal Business Addr s: ~.l- ))1..) ?q't~ a/yu Ftll"<" ..\,Co(. p.r..o rln:-.. - (J~ IL<.\t"'-.w:-.>\ ,<;.__ ofV'-'> -:>c- T'iU>~",K:> 8.. List all City Boards on which.you are currendy serving or have previously served: (please include dates) ---- 9. Educational qualifications: 0(- A---~ - lk ()C..,- <;n+K. U,vIlJ<A1 fl\ Oo<...{br UI'-'IV,-^H oC"- TO{"0b 10. list any related professional certifications and licenses which you hold #-......... '^- - - (. nO... II--\. 11. Give your presep;. or most ecent employer, and position: <).Ll~ ~........ - 0'1" ~ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief tesume) ~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts COIf.; ..~d d. in in tiu. ~. . Pt. ca.t1,:(ma.0"\ y. . u e fOrfeitur.e upon my part of anyapPointmen.t I mayrece1. .ve. ,V~ ... ..... '-1.J :. . . . tlJ'lo~(",.: .. SIGNA11JRE DATE . . Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date itwas submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\Cff"{CLERJ(\BOARD\APPUCATION ADAM FRANKEL, P.A. ATIORNEY AT LAW 200 WEST PALMETIO PARK ROAD SUITE 201 BOCA RATON, FLORIDA 33432 PHONE: (561) 302-5325 FACSIMILE: (561) 394.0140 EMAIL: FrankelLaw@aol.com ADAM L. FRANKEL Born Toledo, Ohio, December 9, 1971; admitted to bar, 1998, Florida; 1979, U.S. District Court, Southern District of Florida; 2001, Education: The Ohio State University (B.A., 1994); The University of Toledo College of Law (J.D., 1997). Member, The Florida Bar Association, Florida Association of Criminal Defense Lawyers, Palm Beach County Bar Association, Palm Beach County Criminal Defense Association. Practice Areas: Civil Litigation; Corporate Law; Commercial Law; Criminal Law; Fraud Analysis. Areas Of Practice: Civil Litigation Commercial Law Corporate Law Criminal Law Fraud Analysis Representative clients are in the following industries: Gaming Industry - Domestic and International .Investri1ents"StocksIBondsIFor~ign . Restaurants and Clubs Stocks and Trades - Domestic and International Professional Experience: Adam Frankel, P.A., Boca Raton, FL Solo Practitioner. 2001 - Present Areas Of Practice: Criminal DefenSe; DUI; Misdemeanors; Felonies; Drug Crimes; Assault and Batteries; Parole and Probation; Traffic Violations; Domestic Violence; Contracts; Commercial Law; Civil Litigation. Office of the Public Defender, 15th Judicial Circuit, Palm Beach County, FL Assistant Public Defender, 1999 - 2001 Represented indigent individuals accused of criminal acts in Palm Beach County, Florida that were not able to afford an attorney in an office that handles more than 50,000 cases a year. Appointed County Court Chief of Division "L" in 2000-2001, which handled one of the highest misdemeanor caseloads in Palm Beach County. Served in the intake division located at the Palm Beach County Jail handling client's First Appearances in front of a judge within Twenty-Four of arrest as well as misdemeanor and felony arraignments for clients in custody. Represented indigent individuals at the South County Courthouse located in Delray Beach Florida handling primarily misdemeanor arraignments, DUI matters and misdemeanor non-jury trials. Education: The University of Toledo College of Law, Toledo, Ohio, Juris Doctor, 1997 The Ohio State University, Columbus, Ohio, Bachelor of Arts, Political Science, 1994 ***** p r(' dl-e/J7I(Z~.L S;:'.c- il tX..../1 ~ CITY OF DELRAY BEACH d~~L/-l)1 BOARD MEMBER APPLlCATIBPiCEIVED MAR ? 4 2005 cnv CLERK OELRAY BEACH . l 0 . I .. ... ;qjr 1993 2001 Please rint the follo. information: 1. Last Name: S \ + Cl')us. e.r 2. Home Address: 1-\5f.5 A tJw 3. Legal Residence: 3c-cl S~r e~-\- Name G\ e V\ t'\ City Dc.\ (0" B c...-...c;.\.. City State fL State Ml. f'l) Zip Code o~'\"\ Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: b\-"10b-0553 6. Me you a registered voter..'} If so......where are you rel:.istered? T c..5 ue.ha. Go\~ c.. \l~ 7. ~at B?ard(s) are yo.u interested in ~erving( P~e list in order of preference: * Poll<:'e. ~ F,re. Boa-cd-. c""'r II'U s-fee " -:r:- \<...,,,... 0" co...... D....\ en/C:-- 0.... V"\~ oc..cJ... 0.+ a.... -\-\~e.. o.V\ck hl)....Je. e.x e( ene-Co ""i~1. o{",.,. (:(so......\ '7 8. List all City Boards on which you are currendy serving or have previously s~r.d: (please include dates) I o e.- €,..,f"o,c.e.......~+ i3oa..Hl. L.\ O~ 50-\-'\\ 0...... Co ol..e... ~oo..~<^ 9. Educational qualifications: we lI\ep\--l........ I-\\.a<- ~"''''oo \ ) ro,",'" ::rOot.- Co H e.~e... 0 C~\""....,,,',,-\ N e.o.J '-{ or c...-\- ,rc.. F\ <:'-0... 'e...- t-lCl.s""," Cc"...f ;:f"t.'hc~ I-ICC- S ~< ~ 1.0,,-, P, c.<LJ.~... ",V\~(dls. J:s.lc.~~> Sc.:>",.. t-J'C e.~'" ~"ae. ,.J " .:1:" c....\\ ,-\- LPlvJ \0\ 'ob6e.C.Je.( o( 6 V"'"lO",+'ns b<-fol"e.. 0..",,,," .,oJl"- -t~..", 11. Give your present, or most. recent employer, and position: :t: h a.ve r-et-.(e.J.. o..s Q.. L.1~"+eno.....:\- f (OM +~e c,-\- f, ,c.. be. 0..<+"'.....+ on 3/"1 S e.<- "-~ "-C-"'~ J... -\-'" d. ..-\0<.-"" cl.,<..\. -? 0..150. ha.\Jo?, 5 D IsO-'o1 .+ . "''''+ <VI 0..'1 , "...o",th~ I;"" ~ co...-I- o~ ..\-\...'- 12 Describe exeeriences, skills or know!edge Which qualify you to serve on this board: (please attach a brief resume) ,- S e.....;- :5 .... e.a.~~ \.... en':" '"'"',;.. 0...\ -/. _ '_ \ -\-'n~ covc\-s c.V <-ce.. Gt. c.\<;e. GOUf" -to burs..f-J;'<j. TI.,... hucs.\- of- fJ,e- 5o-S.\-.,'" \...}.. "'"0"- <\.....l ""Cl. c <~~.... -j.#e. s-lress 1"0'" cr"""u,,:"/ cev'+ "..A. -.Jc 'e..'e. Il'ln; e .j-\'e. f" tlnlo} I hereby certify that all the above statements are true, and I agree and understind that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. JJt/VTl/Yl /Y} ~ ~GNATURE ~ ~ 3-23-05 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'.clTYCLBRK\BOARD\APPUCA110N ~, ~ tor +wc...t1 ,/eo.rs 10 --) vJor~ W.,t\" -+"'~ NG~ '-/~(K c,lr'f C.O\""'1SU I \;., Ioo-+\'" c-(","""',,,...\ cov(~ c.",c.l H,~ f"l"i(o"..,,,,.,~...1 Co"^\(ot Do"'~d.. \ 2 ~ Co"'-\-(O' f>oo.(J. \\ --7 t-le(,.l '1'o!k c.,~'1 f\~e.i fe."'""'';",, Boo...J,. w\..,';'''' ,::. ,....,...ol.....;\'> <If -\-\,.<- !SO",,,:\. 0+ F,(e, ~c,~),. Mti 5 c.i",' Ii",,,, o-.....,l .~\c~ o~-\\c"'(S, tJ\y .rr1L~Js sc;:...;J. +"'\~ wa.s g("~o.~ "T. -tove.'-'.l,- -\0 ::.::....,:" '"" .\-1.<- ~"h-r. lovec\.. A "''I -tollow up dOcwl'"1e......t"'+'o.'" yCO\l~d.e.J.. ;~ oe..cl.e.J.-. ~ ~ 561 4990561 1i!I2I20/00 (918:46 [') 1/2 Glenn M Schuster 4585 AN.W. 3rd Street Delray Beach, Florida 33445 (561-499-0561) SummlU)' of Qualifioations: Dedicated professional with twenty yelllll experienoc. . Through knowledge ofNFPA. New Yorlc City and building codes. labor laws and health codes. . Former BMTFDNY. recently I have taken the Florida Fire Inspector and EMf COUlSCs. TIvougb. knowledge of fire suppression and detection slstems of all cwcs. . Excellent reputation among superiorn. city offu:als. builders. arohitecls. conlIato", and attomeys. Sharp and creative in problem solving and needs assessment EMPLOYMENT illSTORY 3/93-4194 Bconocanbc ConsolidatOlll Inc. Miam~ Florida AssistonI: Manager Assistant in managing one hundred flfiy thousand feet of US CuStoms bonded space. Supervised warehouse empolyecs. taught safety and security principles to staff Maintained accurate inventory and shrinkage control 11191-11192 New York City Fire Department. New Y ork.New Yorlc Rank Inspector Preformed worlc in the conduct of inspections to detect violations of laws, rules and regulation which are intended to reduoe Ot" eliminate.fire and explosive hazzards or....ist in extinguishing flte. Preform related work. conduct inspection and investigation, resoaroh national and New York City fires as well as health codes and labor law. Issue ~mons. and violation oroers when necessaxy. 3/87-690 New Yode. City Fire Department New Yode, New York Rank Court Repreocntative Evaluate building owners compliance with the New York Fire Preventiol1o NFP A; prosccte OWD(:n; for violation. conduct interviews and investigations; resea",h .applioable codes to prepare case. Recommend penalities and suggest time for compliance. 3/85-3/87 New Yode. City Fire Departmen~ New Yode. New Yode Rank Lieutenant Developed and implemented procedures to track down build= that were in violation of The New York City Fire .Law Hanbook.Supcrvised and trained Enforcement Agents; served notices; conducted titl. searche_ and investigatiOll5 maintain accurate service records; advise management of areas requiring futhcr analysis. Education we Mepbam High School . . Bellm,,". NY 11710 High Sohool Diplomia 1980 , Iohn Jay College of Crimminal Iustice 889 10th Avcnuc . Major Fire 8ci_eI980-1986 . New Yode City Fire Department Randa1b blond BronxNY. Fire fighting. Fire Inspection, Office", School N....u County Fire Servioe Academy Bcthpage, NY . Fire Fighting Advance True!:: Advanced Engine operations ~ ~ ~~ 2/08/01 -~.- --.'- 1/1"o/b>? :g;{~ ) ~,,~ 'I !~ CITY OF DELRAY BEACH BOARD MEMBI!R APPLICATION J. L'g.lil,..;,.,~<~. <3k~ .. Plia.cipt.l Bwinou Add..""oo N"""~~ c .~~\cD G<J . ~LA. PIooue 0<. 'the folJo. UUOtUllldon: 1. Lu<N...,.., 2. s...., Zip Code u<y "<-- State. ZIp Co&t - .5A~ - :;. "'; N.,1 "~1' s1=d ~::::<<P", Cd 1ii -fftdS r<B ~; 6.. ~ T"" . recio,...ed 7"0='.: '( If.., -h........ you ~ . . .'er . _CO . . ,j)Gt..'-"A p. + 7. Ur1ut Boud{)) art' JO'.1 iotu..rad.in .~ P1<ak linin ~ of pr.&nnce E t ) r ~ / b_ 12. p.. criI>e .';;>r-U, e- ~~ l?o -b.r SIGNARJltE ~nU ue au::::, ud. I acrec Uld ea.tP<l da[ ~TW.,~f;GTLE(lt 0',." &011 oQ.Q..e 6xfft~ upoa. 1"" put o( .....,. appoCatmeQt: ~1. -_ ..:;,.... I , \ <I I i}tJ.!> l D....tt i No.., Thi..pplicati"" - GO 6kirtch4CiqQW:'. OBi.,. foupcDodo!2~~ ~ dak~-" .wm;fttOd. 1t,;.jU be ~ oppli..,.,,(o ...poa.>ihiIity '" etUI.lie ibac. CUI:%CDL appli<:.olioO .. ~ fi1r.. """_ ., 1m f~CI ~ /~!3 ~H310 AIID ~OOZ 9 ~ HdV ! (j3^13~3H , '. MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t>>1 AGENDA ITEM # q L - REGULAR MEETING OF JANUARY 17. 2006 APPOINTMENT TO THE POLICE ADVISORY BOARD SUBJECT: DATE: JANUARY 13, 2006 Mr. Juan de los Reyes has submitted his resignation from the Police Advisory Board effective December 16, 2005. Mr. de los Reyes was appointed for a two (2) year term expiring December 13, 2007. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Ms. Laura Fenoglio. Based on the rotation system, the appointment will be made by Commissioner Ellis (Seat #1) for one (1) regular member to serve an unexpired term ending December 13, 2007. Recommend appointment of one (1) regular member to the Police Advisory Board for a two (2) year term ending December 13,2007. cc: Mayor Perlman Commissioner Archer Commissioner Levinson Commissioner McCarthy Sinam Al-Khafaji Richard Amdung Stanley Brodka James Carter John-Michad Chadam Wyana Claxton Victor Di Sylvester Donald Dolan Jason Dollard Walter Earley Bernard Federgreen Laura Fenoglio Fred Fetzer Carl Forrest Gerald F ranciosa David Gold John Hallahan Joseph Ingram Mohammad Karim Milton Kay Jayne King Ellen Major-Hanna POLICE ADVISORY BOARD EXHIBIT "A" Cartographer/Market Planner Business owner Retired/Finance Retired/Pilot Sports Marketing Psychotherapist Retired/Business owner Plumbing & A/C Contractor Attorney Educator Director of Operations (currendy serving on the Code Enforcement Board and the Neighborhood Advisory Council) Psychotherapist Engineer/Construction Property Management Retired/Accounting/Law Enforcement Attorney Assistant Director of Operations Steward Sales Sales & Marketing Retired/Educator Administration POLICE ADVISORY BOARD EXHIBIT "A" (continued) Isabd Make Educator Robert Marks Retired/Construction (currendy on the Code Enforcement Board) George Maso Realtor Matthew Monahan Law Enforcement Calvin Paris Business Owner Ned Rosen Retired/Professor Maria Sachs Attorney Kathy Shackman Real Estate Robert Shell Retired/Clerk Magistrate Carol Swinbum Law Enforcement Shelly Weil Retired/CEO Abbey Weiss Marketing Brad Winney President/CEO City of Defray Beach Police Advisory Board - Applicants 1. AI-Khafaji, Sinam Minority Resident/Business Owner 2. Amelung, Richard Resident/Business Owner 3. Brodka, Stanlev Resident 4. Carter, James Resident 5. Chadam, John Resident 6. Claxton, Wvana Resident 7. DiSylvester, Victor Resident 8. Dolan, Donald Resident 9. Dollard, Jason Resident 10. Earley, Walter Resident 11. Federgreen, Bernard Resident 12. Fenoglio, Laura Resident 13. Fetzer, Fred Resident 14. Forrest, Carl Resident 15. Franciosa, Gerald Resident 16. Gold, David Resident 17. Hallahan, John Resident 18. Ingram, Joseoh African American Resident 19.~rn,Mohanunad Minority Business 20. Kay, Milton Resident 21. King, Jane Resident 22. Major-Hanna, Ellen African American Resident 23. Make, Isabel Resident 24. Marks, Robert Resident 25. Maso, George Resident 26. Monahan, Matthew Resident 27. Paris, Calvin African American Resident 28. Rosen, Ned Resident 29. Sachs, Maria Non-residentIWorks in City 30.Shacktnan,Kathv Resident 31. Shell, Robert Resident 32. Swinburn, Carol Resident 33. Weil, Shelly Resident 34. Weiss, Abbev Resident 35. Winney, Brad Resident POUCE ADVISORY BOARD 12/05 TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE 12/13/07 L 'Tanya Allen Work: 688-4394 Appt 12/13/05 1014 Mango Drive Human Resource Specialist Fax: 688-3559 Delray Beach, FL 33444 Cell: 699-1957 12/13/08 Annette AnnechiJd Home: 330-2903 Appt 12/13/05 300 N. Swinton avenue Therapist Work: 330-2903 Delray Beach, FL 33444 Cell: 202-285-2035 Fax: 330-2925 12/13/08 Sharon Austin Home: 276-5965 Appt 12/13/05 220 NW 7'" Street Pastor Work: 276-5302 Delray Beach, FL 33444 Cell: 279-6661 Fax: 276-6474 12/13/08 Joshua Bressler Home: 498-9733 Appt 12/13/05 2235 Rabbit Hollowe Circle General Counsd Work: 912-7030 Delray Beach, FL 33445 Cell: 917-969-4343 Fax: 912-1747 12/13/07 Joseph Ferrer Home: 276-8085 Appt 12/13/05 1420 N. Swinton Avenue Sdf employed/Marketing Work: 278-7677 Delray Beach, FL 33444 Cell: 315-2800 Fax: 276-8740 12/13/08 John Jackson Home: 272-9629 Appt 12/13/05 309 NW 7'" Avenue Teacher Cell: 706-3428 Delrav Beach, FL 33444 12/13/08 Andrew Luchey Work: 533-5303 Appt 12/13/05 822 SW 1" Street Real Estate Cell: 386-0222 Delray Beach, FL 33444 Fax: 533-3858 12/13/07 Jose Ramirez Home: 276-3396 Appt 12/13/05 1114 SW 8'" Avenue Mechanic Cell: 251-9919 Delray Beach, FL 33444 Fax: 278-3706 12/13/07 Charles Ridley Home: 276-4223 Appt 12/13/05 137 SW 12'" Avenue Executive Director Work: 305-237-1634 Delray Beach, FL 33444 Cell: 577-5416 Fax: 305-237-1301 12/13/08 Jimmy Weatherspoon Home: 278-8779 Appt 12/13/05 130 NW 8'" Avenue Coordinator/Management Work: 265-3318 Delray Beach, FL 33444 Fax: 441-4563 12/13/07 Appt Vacant 12/13/07 Appt Vacant (Student) 12/13/08 Appt Vacant (Student) Cobb, Venice From: Sent: To: Cc: Subject: Nubin, Chevelle Friday; December 16, 2005 10:10 AM 'De Los Reyes, Juan Carlos' Butler, Lula; Cobb, Venice; Quinlan, Donna RE: police board resignation request Juan Carlos I I am in receipt of your resignation letter and I am forwarding this to the Community Improvement Director who is handling the Mayor's Advisory Committee on R.A.C.E. Relations which recommended the appointments for the Police Advisory Board. Chevelle D. Nubin City Clerk 100 N.W. 1st Avenue Delray Beach, Florida 33444 (561) 243-7051 -----Original Message----- From: De Los Reyes, Juan Carlos [mailto:JCDLReyes@sun-sentinel.com] Sent: Friday, December 16, 2005 9:35 AM To: Nubin, Chevelle Subject: police board resignation request Ms. Chevelle D. Nubin City Clerk City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 I just finished listening to your message and per your directions I am writing you this letter/email. I was recently made aware that I was chosen to be on the Delray Beach Police Advisory Board. Due to inherent conflicts with my employer, I must respectfully request that I be taken off the pOlice advisory board. In other words, I am formally requesting that the committee accept my resignation and remove my name from the board. Thank you for your expediency in this matter. Please let me know that you received this letter and a reasonable estimation when I can expect that my name will be removed as a member of the board. Respectfully Submitted, Juan Carlos de los Reyes 832 Lago Road Delray Beach, Florida 33445 561-644-5880 1 DEl..AAY 8fACH :~ rqre 1993 2001 lo}~(fPJ RECEIVE.D CITY OF DELRA Y BEACH , 4 'l.1l1l5 BOARD MEMBER APPLlCATIO,JlC1 r.::B,\<. CITY CLI;.- Please information: 1. LastName: AL- KIiAFAJ J 2. Home Address: JIrtI VJ. c..l+SSlCAL. C3W 3. Legal Residence: 1v.41 W. ~>GJ~t.-l3urI>. 4. Principal Business Address: J~I S. ~L. +1\11'( ,SJITC" lOO Name 5lNMA MI.A City~ State Zip Code 'BG)...~ Fl.- 33++5 City State Zip Code 1:>~'r' B~41 FL- 331-f-l3 City State Zip Code 1J~'( ~ t==L- 331i ., E-Mail Address: Cell Phone: .sv J. Fax: Sl~Q~l((} ..Gol^-t VlJ".02-r6 6. Are you a regis ered voter? Ye? If so, where are you registered?~.,.. f!E'~:tfJ FL 7. What Boucl(s) are you interest~d in serving? Please list in order of preference: Business Phone: ?iU . "f-9f-. --. ... 1'Ol.J~ /:J)VJ?t#-.'f .'j?P6FJ7prCliOI4 . ~f1B1li:!J;(oop JlNIS41W CoV/Vl.fL 8.... .l.ist~altCity_.Boards on.which you are_currendy serving or have previously- served: (please include-date~) . ) e Cd.:OfJ '('OF ~y ~C.I1.. -Hbl'tf" QWW?\'Z.5 MSt1ttffl6loJ, q 05' 9. Educational qualifications: 13.A . . ?ntr lq &Jl.- \..1 .~ . ~ ~N tJ#JIV'. lq"l4 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: o ~~\-117SZ. V H~I::::t-T 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne) ~rz-\C..... l-IVl;' /." -e.~4t t::: Ii I '" 'T"> {JilL. IN 1> Q/l. Gil~ 0( ?'I.JJ.JMN~ ~rrl;"fZ.t~ .1 hereby ceitify. that:all. the a contained in this appli ati , ve.stateme'nts,are true, and I-agree ,and. understand thatnany.misstatement -of-material facts cause forfeiture upon my part of any appointment I may receive. ....~ .PM_M . !G.I'}.:..- to,}($ -__._ no _.. .. _..DATE~_'. ,Note: This application will remain 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 ftle. . S\cIlYCLEIUCIaOAIlDIAPPUCAllON f Sinam AI-Khafaji, Marketing Cartographer & Market Planner Founding Member Sinam@OavJetcom Cell 561.665.0278 OayJet Corporation 1801 S Federal Hwy, Suite 100 Oelray Beach, FL 33484 WORK EXPERIENCE DayJet Corporation - Delray Beach FL Cartographer & Market Planner: December 2002 - present Empower Geographies, Inc. - Des Plaines, IL GIS Sales Engineer: 2/2001 - 11/2002 GIS Project Analyst: 8/99 - 2/2001 Ryerson Tull- Westmont, IL GIS Consultant: 6/1999-7i1999 ICFlnforrnation 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 Cal!ographicScience(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 - 912004 to present F. 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.GeoSteooes.com. ! / Uti..JlAI D:t:ALt1 ~ "II'! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLlCATIO~ECEIVED SEP 'J Z 2005 l/;;~D{ Ple2Se cint the follo. information: 1. Last N:une: AMELUNG 2. Home Address: 5053 Beechwood Road 3. Legal Residence: 5053 Beechwood Road 4. Pcin~al Business Address: 1180 SW 10th Street Name RICHARD City Delray Beach State Zip Code FL 33484 State Zip Code FL 33484 State Zip Code FL 33444 Delray Beach City City Delray Beach 5. Home Phone: 498-5836' Business Phone: 278-2331 E-Mail Address: None Cell Phone: 573-2145 Fax: 278-304,2 6. .Ar.e you.. registeeed voter? , Yes If so, where are you registered? Pal'm Beach 7. Wh..t Board(s) :are you interested in serving? Pl=e list in order of preference:. . , , ' ,Pol1ce Adv1sory 8. List all City Ba:ards on which you are currendy serving or have previously served: (pl=e include dates) Disaster Evaluation/Todd Jackson/PBC civil D~fense1981~1982 ) 9. Ed~CltioR2lqualifications: Ft .Lauderdale US Air Force Pilot Trainin " HS 62, Otterbein College BA Economics 66 PBJC Police Academ 78 PBCCCD 81 to, List any relo.ted professional certifications and licenses which you hold: Auxil iary' Pol ice Off icer , Palm Beach County Civil Defense, Commercial Pilot, Concealed Firearm 11. Give yaw; present, or most recent employee, and position: Automated Finished Products, Inc./Owner '12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attad. a brief resume) See Attachments: I hereby certify th..t all the above statements are true, and I :>gree and Wlderstand that any misstatement of material facts . ed in this appli .on y cause forfeiture upon my part of any appointment I may receive. . . , I Note: 'Ibis ..ppliaation will remain on file in the City Cleek's Office for.. period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current appliCltion is on file. ' S\CITY~OAlW\AlTLlCAnON September 21, 2005 DATE ...,...,......-.-, .PALMlIEACH COUNTY .'ClVIUIJEFENSENo. 01li . l 0; .', This certifies that Richard Laird Amelunq Is the' duly appointed for MORBDES Palm Beach Count P, -.-.-..-----.-...--. --". CITY OF BOCA RATON COUNTY OF PALM BEACH .AMELUNG ,. '.. '.- ~ . .' I I; I I T . , :..' ,:] L:' APPOINTED RY , FleER ..HE CITY OF /'7 ito"N} FLOflIDJl(, ..: . ..".-. ri., . ""'" .. <- . . .:. :". . .'.. NI(.~Y.'\"'" '.:IlT,wHI.&'.n~. 'E'\'T~;i'l"'1.J""'.:';Mr,'i!.f'"\-;;'7.!, .';'....<:1, ,'~ ':'A'iUlElI nlllq;~, ('I' TIll; ":-;ITU' '.T,i 1:" ~(' 1:' 1 ,..,:~, .- . . '. ft':; II")' , :!:-!: :1'): II '. (:':1"1',' ","., . '.'" .' " . 05 SEP 90 Iii: ~. ^'~~\.. U lhw-IlUJ)';'.""" ~> ~,J~:",=<>c'."'!'''iWi~;i'''H''j'ifiiiiiiGiXii'~: ' '.""r.....'!,. ,'e.,. ...):,;;' I \' ,j-' ',-.,',>, ~. Palm Beach Junior College Lal~e W orlh, Florida AWARDS THIS CERTIFICATE TO R I CHARD LA I RD AMELUNG . FOR SATISFACTORILY COMPLETING A COURSE IN BASIC STANDARD POLICE AUXILIARY 86.Hours February 7 - April 20, 1978 \rHn .::J j ~,). - - ilf. . I TRUCTOR Chairman, Law.En orcement Department .) #~ (! >>r.~ PRESIDENT p , . , BOARD OF COUNTY COMMISSIONERS PEGGY B. EVATT District No.1, "Lake Perk KEN sPlLlIAS District No.2, West Pelm Beach DENNIS P. KOEHLER District No.3. S9uth Pelm Beach DOROTHY WILKEN District No. .4. Oelray 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 'i j" ..;:" .~~" To: Captain Richard L. Amelung FV 1125 Vista Del Mar Delray Beach, Florida 33444 CaI?tainRichard 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 Manag~ent Resources Document, a file of information which.ismuch needed by this agency. B. T. KENNEOY. JR. OirllCtor Palm Beach County Civil o.fense Emergency Operating Cente,. 3723 Belvedere Road West Palm Beach, Florida 33406 PHONE, 683W80 Civil Defense (Races) Radio Station WC4AAC NOAA Weather Radio Station KEC.50 (Alt.) 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,of our 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- .:.ti;lrYdeportment, he reflected a very favorable H'intage 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- manentpart of Captain Amelung's military personnel file~ Since.rely, "." ,".: ::<~'L County Civil Defense I STJ<:fd STATE OF FLORIDA DEPARTMENT OF VETERAN AND COMMUNITY AFFAIRS DIVISION OF PUBLIC SAFETY PLANNING AND ASSISTANCE BOB GRAHAM Go_ JOAN M. HEGGEN ~' BOB WILKERSON Dira:tot 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~m 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. Sincerely, ~-/~ Gordon L. Guthrie Chief GLGjNHSjem cc: Palm Beach County CDD .' BUREAU OF DISASTER PREPAREDNESS 1720 SOUTH GADSDEN STREET. TALLAHASSEE, FLORIDA 32301 (904) 488-1900 ,c, . Boca Raton Police Department CONFrDENTlAL 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 Sl!vera 1 years I have had the occas ion to supervi se ,Amelung in ,a II ,aspects of hi s assignments. He has donated literally thousands of ,,: hours :ofi'serviceto the City of Boca Raton Po 1i ce Department. Hi s dedi cation to 'theconmunityaridto 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,eV,elij,When difficult decisions were necessary regarding selection or terminatiO~" "fI't1'er voluntary offi cers. , , Du 'ng 19)11 and 1982, Amelung praticipated in seVeral meaningful cases :wherei'n the' 'hvstligati, on~ resulted in the arrest and successful prosecution of 'crimins ;'n ~~J in;organized operations within the City of Boca Raton. Most 're,cen" t " ~~',3 .unlpar,;l:i",ciPated in an under-cover operation inVOlVing organized gambli 'ar ',' ly as'a result of his efforts, the investigation culminated in the.arrest ,1' se\.retr! individuals and the seizure of thousands Of dollars and vehlcles. \ lj , .. . 1 ;-"Of particular importance to any successful law enforcement operation is 'seGrecY,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,fof1-.(\melung on hundreds' of occassi ons. 'He has always responded and has always'beeriwhere ever the need calls for. for these reasons, and for more too numerous to list, Auxiliary Police 'Officer Richard Amelung is to be conmended 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.dlU/ /f ~ SERGEANT MICHAEL R. SYKES, SUPERVISOR BUREAU OF INVESTIGATIVE OPERATIONS 100 N rth t S CRIMINAL INTELLIGENCE UNIT owes econQ ~venue Boca Raton, Florida 33432 305 - 395-1161 .... .... .. " CONFmENTrAL To Whom It May Concern, , The attached letter of convnendation includes infonnation 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. 5:J".4/4cka./ A-~/J~R.4 Sgt. Michael R. Sykes Boca Raton Police Department p~~,: B~ft-.! ***** . - CIty " II J! 1993 2001 f/;Mf; CITY OF DELRAY BEACH . EIVED BOARD MEMBER APPLlCA11b~ SEP2 0 2005 CITY CLERK 1. 2. 3. 4. 5. Home Phone: Business Phone: fJ}A. (;l~?-7 -~5DL. 6. 7. What SrL State City State Zip Code B.Mail Address: Cd! Phone: Fax: 8. List all City Boards on which you are currendy setving or have previously served: (Please include dates) ) 9. Educational qualifications: o C,\ q l--d-l ~ S DATE .' Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. t S\CITYClERK\B()ARD\APPLICATION 9/11 I 05 (,\f\-tPLOYMfNl' GO^Lf, DE.TEfl.~l1VI,J6-- efl.O'^1clTlbNAL DPPo.JL1\ilAl'f<Ef J I4P(fLU1J;N& Au f€fEe/tvE MULTI Rl\u^\.. ~ALE:J ("v/LG( AN-O M/l/(Ii'JG- T04C14 Of(.IJIVNS Wt\vJ T(It.\I\1.I"'J'\)~ 6-- Tl-\cUf Wt\.V CoLtl.p Not 1h~A-fIIVU~: tAP ro -rn~ frAAI'VAIt.?J K.Eq\i\llLf5' Ey litE O/LC/ll/Jlc/lTIIJJJ. 1AI\..QIACt..\o4.\,."'1 UtfL((JL I. NAvE HAP mt; Opro1l.:f\l\Nrr T) A11fw9 tA.t.Aj' R-AGI4L ('fNJrTluny TR..lJltJ)Jo,/(y SOl/ON] f\N') V\.t'NOJL(7 RH/U,qT1A1G- SEN\,,JAfLj. L EE.LI EvE 'f HA\){ DtUfLOftP II},) tA.JJ~Ell.h.AJJ9(NCr AJJ!) SE.~lTlVrfj Tb !\\b ~,^T\("(.tR9 &~Es-nwJ of KA4Al EQUIll.-l' AN~ 1llE: INliffLENT C~V1ltAN6EJ AN!) ~/\Ul.NqN6- ACT AIJ ) O'L(,^J.)I'tAl1/)..N tlKb 1/.If. POLl LC D6PJlJl.fYl1(NT (^cEJ OIJ A D^, L-j ~Md. &~~ UElRAY BEACH . .. . .. . . ... AI-ARlericaCity "III! 1993 2001 /1;;/'7 CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLlCATIO~EP 1 ~ 2005 CITY CLERK ***** infOttrultioo: /Jlvc/ Nam:;5if/J1 ES CitrpEfjlfJ- BElt e), City 5' 19M C ML Legal Residence: S{fL ~AA State Zip Code Princip21'Business Address: .---- City ,.------ State Zip Code . Home 'phone: ' t?Z~/r~O 'Business Phone: E-Mail Address: Cell Phone: ..,.-- Are you a registered voter? . Please list in order o~ preference: f!fftl. "3 b /?.5 2. ts f/,/A/~ IJIr /liJIl P diU hereby certify that all the above statements ate true, and I agree and uoderst>.nd that any misstatement of material. facts ontained ill this applica ' ay cause forfeiture upon my part of any appointment I may receive. " , 0//12./ of IGNA ' DATE / '/ ) ~ote: 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 easuie that acurrent application is on file. S\CIIYC1EltK\8OA.lW4.Af'rucA'TlON .. * 'It .. * 101"/67 RECE\VED CITY OF DELRAY BEACH OC1 - 6 'l61l5 BOARD MEMBER APPLlCATIO\IIY CLE.P$ DB.RAY BEACH , , 0 I , . " i(1 it! 1993 2001 Please information: 1. Last Name: CWMrM Name Jo N - MiCffM~t. 'tM~'0 M.I.M. . 2 Home Address:Zf:o WiN!> City ~flAA't" 'Bf3/C If State ~~ C.T ft.- 3. Legal Residence: City State Zip Code SAMt;; 4. Principal Business Address: City State Zip Code J>GLbh'~ g. B~3 Cell Phone: Fax: 61,1. 4~'t. /433 ;-61. 8bo, 11>/2 'L,~ 6. fue you a registered voter? Yec.. If so, where e you registered? P€lJ.JtV ~ 7. What Board(s) are you interested in serving? Please list in order of preference: .fbt..iCEAb\Jiso~'( t.oAt.'b 8. list aneity IIOards on whiCh you are currendy serving or have previously served: (Please include dateS) ., ) . tJo"-'e -c,tJ~W R9;i'l7eJJRe;ibciJi's ,of-uf~twy) 9. Educational quaIiJications: PAC I\li\l.o iCf/:G.o - lq~q 1M CM I~ - UCL-A - U03 10. List any related professional certifications ind licenses which you hold: , . CA-IIJc;,~,wU; ~ceJ.Jre Cmlf" t>i~€i:-TOR- UCllr'f p~O/?S 1RAi tJj~ ~/.... ~ iI:~ /..ie. 11. Give your present, or mosttecent employer, and position: 5PotJSO ii> ~ECUrlv'e- - TIf-6 A-TIfIETE$1r6 /NTt?(JJJIrTi'ON,f-[, 51'0 MI<.Ti,} 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) fZ€caJT: AP6;iu To f())f~ WSirive ONSlllA iv' ~1rotJS ill ~ &eAt>> WiT!/' POl-;~ chf S V^"T=M\W\be1t ioD U51rtJ 6EW' A4H1Y:(01.(r5' Ci TRro J. I hereby certify that all the abo"" statements are true, Md I agree afidufiderstarid that MY oiiSsta:tement of material facts con ~ ed in 11 :~.Plicatio.n. ma. y cause forn. dture upon my part of any appo. intm. _. ent. I may reed".". . '.' ". . ~ t,,{.u,02-~, .., . . . (Q1512oD~ SIG . .. ... -. '. DATE' ) Note: This application will remain on file in thc; Oty Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant'srespoll.Sibility to ensure that a current application is on file. S\CIIYCI..I!RKI8OARD\APPLICAllON DElItAy 8EAOt -- 'Iur 1993 2001 I!/~~ CITY OF DELRAY BEAQlECEIVED BOARD MEMBER APPLlCA~N 6 2005 CITY CLE.RK () 2. . iO.formatio~ 1. Name M.L City 3. City 4. Principal BUliiness Address: City State Zip Code 0"'-,1" .I~ 7. What E-Mail Address: 5, . Home Phone: Business Phone: J 12,-:3 'OfJ' . 6. Are you a registered voter? 9. EducatiOlla!:q\lilificatioos: (, ~..) hold: 12. Describe experiences, skills ot knowledge which qualify you to serve on this boatd: (please attach a brief !=JIIle) I heteby' certify thar all the above statements are true, and I agree and understand that any misstatement of marerial tacts ntainod in this application use forkiture upon my part of any appointtneot I may receive. , /r:::,-<{-o~ DATE Note: This application will remain on file in the City <Jerk's Office fora 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'.ctTYCl..EIUC18OAItDTB:;lN (~ Wyana Claxton, LMFf Profile Experience 2003 - Present 2004 - Present Education 1986 ') Honors & Activities References Personal Information ) , Twenty years of extensive proj!ssionaI experience as a psyc1wtherapist, counseling individuals, couples, and groups from diversified demographics and environments. Notable speaker and lecturer on fadliwting positive c1umges in abusive behavior. Respecred as an OUtsblnding case manager with an established repuwtWn in the specialized area of violence against women and children. Florida license # MT 1688 PSYCHOlHllRAPY Psychotherapist. Multilingual Psychotherapy Center, Ine. Provide therapeutic interventions in office or on-site to children, families or adults of the assigned caseIoad. . Psychotherapist 51. Marys Child DeveIopment 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 O.c. District Attorney. .:. Regarded as superior teacher on substance abuse, child abuse and domestic violence issues. .:. Serve as Parenting Coordinator for Palm Beach County 15th 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. Alldil B. Pajares Vice President of Operations, Multilingual Psychotherapy Center, Inc. Rochelle Reynhout Coordinator,5t. Marys Orlld Development Center, Inc. home address: 2525 Florida Blvd., #133, Delray &ach, FL 33483 land line: 561.272.3088 mobile: 561.302.1820 fax: 561.272.4016 e-mail: claxto_W@beIlsouth.net DftRAYBEACH ~ AI A..........Clty " II J! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION rf;ltlJ RECEIVED ocr 1 '2 2005 CITY CLERK Please e or rint the follo 1. Last Name: infonnation: State G-4C/I rL- State I3G14'/ j:L State Zip Code 3 J Zip Code 2:SJLY,s- Zip Code 2. Home Address: oS' 3. Legal Residence: oS-IIA/tLEI .j),.e/v,::- 4. Principal Business Address: Name MI. 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: /-~.J"Y.3,r2. y Fax: SG./-C,37-S"D g,r V/{;.17;f.l1L", 6. iue you a registered voter? ..../ If so, ere are you registered? , e S J}EtI!A 7. What Board(s) are you interested in serving? Please list in order of preference: - 0;::: ELM c. it>L. cG .BBAC/I FL 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) wt: ..) B-s ~u~/4'Es'.s AJ}/'o',...r5 ~T/~II/ 10. Ust any related professional certifications and licenses which you hold: lVo,.:;€ ,s/<l.- ..!l -i- SIGNAWRE DATE Note: 'Ibis application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CnYCl...ERK\BOAlUl\M'PUCAllON VICTOR DI SYLVESTER 305 HAMLET DRIVE DELRA Y BEACH, FLORIDA 33445 HOME (561) 637-5085 CEL (561~54-3524 EDUCATION 1958-1962 RIDER UNIVERSITY: B.S. IN BUSINESS ADMlNISTRA TION 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 ffiRSEY 1991-1995 DIRECTOR OF TOURISM, ECONOMIC DEVELOPMENT & AIRPORT OPERATIONS 1988-1991 DIRECTOR OF PUBLIC AFFAIRS WILDWOOD, NEW ffiRSEY 1982-1983 DIRECTOR OF PUBLIC RELATIONS NEW ffiRSEY 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 SALES~ BROW ARD COUNTY, FLORIDA 1967-1969 SUBSTITUTE TEACHER METROPOLITAN INSURANCE COMPANY 1964-1967 SALESMAN CAPE MAY COUNTY, NEW ffiRSEY 1963-1964 SOCIAL WORKER-WELFARE BOARD ':.j 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 ffiRSEY 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 DEVEWPMENT COMMISSION TRUSTEE SOUTHERN SHORE REGION NEW JERSEY STATE TOURISM BOARD FIRST CIIAIRMAN WILDWOOD TOURIST DEVELOPMENT COMMISSION FIRST CHAIRMAN ... ) ) >/ 1983-1984 1979-1997 1979-1983 3 WILDWOOD ALCOHOLIC BEVERAGE COMMISSION CHAlRMAN GREATER WILDWOOD HOTEUMOTEL ASSOCIATION BOARD OF DIRECTORS WILDWOOD CONVENTION & PARKING AUTIIORITY 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 MA YOR(STRONG MAYOR FORM OF GOVERNMENT) COUNCILMAN-AT-LARGE PRESIDENT OF COUNCIL CITY OF WILDWOOD CHARTER STUDY COMMISSION ELECTED BY REFERENDUM CHAIRMAN ...-. .L-' c.UU-' ..I.",. c..... I no.... J.1'.&A..J.....'I'-1 I LII'U .&..JO.a.oo....J:.:;tO....J.,...J . r . ~.::.; c.J.,.J ~y IlUCH '7 1993 2001 ,. .' ECEIVED pEe , 4 2005 CITY OF DELRAY BEACH (ITY CLFRK BOARD MEMBER APPLlCATJ(~N . ; l. 1~'/;07 Please mc or pript !hc followilU' information: M.l. I. La&tNamc: Name n d~" Donald R. 2. Home Address: Gty State Zip Code :::660.:We51: Clea"Cbrook Cr. Delrav B"ach FL ~~44S 3_ Leg:>l Residence: Oty Sta~ Zip Code 660 W Etat Clearhrook Cr. DelravBeach FT. ~344S 4. Principal B\Is;ness Address: Oty State Zip Code 5730 Corporate Way, Suite 110 West Palm Beach FL 33407 5. Home Phone: Business Phone: E.:Mai! Address: Cell Phone: Fs."C: 561-265-3937 561-683-8833 pacif@bellsouth.net 561-'89 1580 561-6 3-9633 6. Me you a registeted vottt? If so, where are you registered? . . Ye S -.Fa 1m l>~h Cn""+v ,~~ ~i.n.~ +' 4r '.; 7 7. What BoO<d(s) ~te you in=<edin serving? Please list in ordc: ofpref=ce: Pal ice Ail. 1 ~n~v Boarn ) 8. T..iSt:.u City BOArds 00 which you are currontly serving Or h~v.,previouslr serve<l: (plcaselnclud.1 dates) nnT1~ 9_ EdDCatiolW qUalifi""liDnS: r:r~'" ,? ... n".,,, ,;.' nI_ M;. ,j . 10, List any related professional certifications and licenses which you hold: 'r lln.rn memher of ~ternational Founda1:ion of . EmoloYee .Benefi.t Plans. Pas1: memher of American A.rbi ration Associ r'lon. 11, Give;yt>ur present, or mOSt recent employer, and position: Plumbin~ & Ale Con1:rac.ors Industry Fund Execu1:ive Di~ector 12. Describe ~criences, skills or kno,rlcd~c whlch qualify)'Oll to .erv. 011 this bosnl: (plea.se~tt:lcl a blief rcowne) T"enry years a Trustee (Chilirman) for Health & Welfa.r and Pension Fund in excess of 90 Million dollars. I hE"l ~(y. mat ~l rI:. above swemellts ,= lluc, and I ~c Gad undersmnd mat any allsSllItcmc t of material fact! codfin \d in. tlus appUeal10n ~usc forfC1Nre upon my part of any appointnlenr I =y .eeel..". ~., d.1l /? f'..1,1) . / -~ / September 1 , 2005 SrclN.hWIlE DATE. . ~Ote: This application. will remain o.n ~ in the Ci~ ,?erk's Office for a period of 2 ~~s fre ~ the da~ it was ' submitted. It will be the sppliCllnt s rcspoIlSlbilityto ensure that a CIlrrC<lr applicatIon 1 on file, """"Cl.I!l<IODo~""'I ....-a.....,c;.~ .....,..,. ,,-,..,,.. &I~ll'l ,.....'&,1 .&.-'UJ..LJO...J-.J~ '-.u...J'1(J...J Donald R. Dolan is a resident of DelrayBeach as he is the Executive Vice President of the PWMBING AND AIR CONDmONING CONTRACfORS 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. . He. DO/A^-/ 'i{ode- w/cJ-f, v--Lf: C"fj 0 f (!,o~1J1 (b,fr8U:5 J f:/otidA rO/I12t- 7Jf::pl4{ fmf=.u i . fO~ S/'I- Ljl::f}--ES, 1 ' . Ihl6 .q/vis him /lU ItJ-stqJL.t tv ~Ac- Lv{)/l}!.lu9~ . of qlLt ?OIIci.Lj7Jc-p19ld /77t"~/r I7tJd C/t.f'" KESPOl-fs/bf/iY c.(h4-f tJlafJ P{}//(Jf or-{;eel- fAa-t'). .. TOTf'L P. 03 OELRAYBEACH . .. . .. .. . of. ***** RECEiVED CITY OF DELRAY BEACH . 05 BOARD MEMBER APPLlCATIOif1 1 3 20 CiTY CLERK 1iir .'. . 1993 i 2001 Pk2se rint the folio' infon=tiou: 1. Last Name: 'l) . V(!j i7 2. Home Address: . 115 rJt5~ Me #31 3. Legal Residence: (SA'i'r)l As 4. Princip21 Business Address: Naille ::Jftso.N Cii v~ City ML State r't.. State Zip Code 73m Zip Code City State Zip Code , 30' W, iTtAlIm AVCNiAt SluTt #0-( 5. Home Phone: ' ''Business Phone: fJ6-RA'i BtAcj.l E-Mail Address: Cell Phone: FL 33Wf' Fax: I J. Lf7 I 19-5'f(Jt ti). /\I J 60'1-b/7C!5C/)f/'1-?J.f!j7 6. Are you 2 l:egistered voter? It If so, where 2re you registered?f. /t5; , AL(Y) 7. Wh2t Bo:ud(s) 2re you interested in serving? Please list in order of pref";'en= (j) I.1i 6. Aol/rS~V oARD @) flJmuNrtY RtV6\ltL ME. tV "~FJ Jt.Il.l I!t ' S'f)ItIl 8. Ust all City B02rds on which you 2Ce currendy s<Ol:Ving oc h2ve previously served: (Please include chtes) 1'hN.-. '9. EdUC2tiO.w qualifiC2tiOns: B.s, ; t ~ R.m" ;J.D. ; $/olfo- (3 LA CBvrtR. -/Vo, s,u11l6ti7m.N to. List 2llY 1:eb.ted ptofessioruU certifiC2tiOns and licenses which you hold: Nw~ '11. Give yow; present, or most l:eceD.t employer, and position: SoI.Cl fl NC - W Off-TC?t5 ofJ,lSd..J P.j),/.I.Afl) . '12. Describe aperiences, skills or knowledge'which quilify you to serve on this bow (Please 2ttach 2 brief reswne) -/.fA , iJ A~z..4w-oJJS' ~~ 'I hereby certify th2t all the 2bove sl:2tements are ttue, 2lld I agree and undersund dut any missl:2tement of IrulterW. facts conl2ined' . p C2 'on'IrulY cause forfeiture upon my part of any appointment I may receive. /0/13/6 DATE , 'Note: This appliC2tion will rem2in on file in the-City Clerk's Office for 2 period of2y= from the d:lte it was submitted. It will be the appliC2nt's responsibility to ensme dut 2 current 2ppliC2tion is on file. . S\ClTYO.BUJ.80AROI.AI1'UCIlTlON DB.IlAY BEACH ~ l' III! 1993 2001 9fil/1Jf RECEIVED CITY OF DELRAY BEACH OCT 1 0 2005 BOARD MEMBER APPLlCAT~~ CLERK ) Please e or rint the followin information: 1. Last Name: LA Ii!, 2. Home Address: :5 c:> W 3. Legal Residence: Slf-He ~ "ft$dj/C 4. Principal Business Address: g~ State I==L State M.l -::r Zip Code 33yyr Zip Code Name I. J pc--- ~k... Ci City State Zip Code -- 5. Home Phone: Business Phone: E~Mail Address: Cell Phone: Fax: W:KNarce-r. ~,~.t- 2.rt- /77 If so, where are you registered? -c. c; -# ~ 7. What Boatd(s) are you interested 10 serving? Please list in order of preference: 1= '(2zl 6. Are you a registered voter? I~ y! r- '1z2.j Po,c/ee I/ISo ~~ 8. List all City Boards on which you ate currendy serving or have previously served: (please include dares) ..) 9. Educational qualifications: . v~71..,J - . CY<-tIITc.A77I/o1 _;1..8 u IJIV~ ~r!. c.lc,.( ""'011 ~'L/!JR' Ul,Julecu . N 10. List any telated professional certifications and licenses which you k. rs - t:' - _ IV cHe.. t.. A.,))M1#.J1s-ntA- K- "f1:;-...vl ,^- 11. Give your present, or most recent employer, and position: S. /.' VI-1" I!~_ ("7 t.Je 1//~ //7't"z. a brief resume) T''''-'e7V - "v/M",- Z. c v~ ~A-c u.-, 6- ~ ON oj) " d V tL ~ I hereby cettify that the above statements are true, and I agree and understahd that any misstatement of material facts conl2ined in . application may caus forfeiture upon my part of any appointment I may receive. ~O//6 ~r S1 DATE 7 Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure thllt a current application is on file. S'CITYCLfn.\BOAltDWPLlCATIlN It!.k~ ::r: "c~ -_._---,-_._-~~----~-~_._~._.._.__. (/. s. JJU;H/r-~~--"--~'-'-~--" s. U. AI.'f .-pr- ~c.k" ,d<,:~;- ",t.4/ r . -" / ~ C"""~ y-c. S~ >:K.K.. b/5~~- /1dC6~_?/c N~ 0"~ ./ - , . /?<<_ /?9.r /'-UAJCA':"-LL.- tA/A.Y~~,uo/&,_._.___.. 6"c/~Z - ~t:..:Ke. ~ -...J w.. ." . _ ~----r-~.Ad~~"~-,.;i,};i~,j'~:b';;"i.';~{';'=~' /99' - ~~---L~D~ $~ ~<!l..~.D/f-"""'--T""-- " - -~~1-----~--'----'-- }~~:::~~<::~:~~~~7?~{?~~~~ I??' 7 - I 'l-7'.J!-~-K'L~~'bC"':='~'f2..Lfb4KC.~5:~..LZL.&- ... :2Jhn:J _ ?_"''' L - t/ {c.e- t<J~, b 0-1 r; s,f-$,( c... t:,(,K ~ /77 ~ /ct'.s-'7- / 9,? / /9~7. - /'7 ~ t::' /9' t:'; I' - /9PIf .. ..... :,,,-,., .. f~*t:r~~;Nf~~~;~~i~~~{~- -,- /-"'" 7- 1'~d>JI_ P~olb~T~~""r ~~t!''> /77 ~A t~i~~~.~~it*R~0f.f - .'u u... _ -. " " . ~t~lt~t~~~~~~~~\~>~~~;i{~ ~=~~ ***** /r/qOj DRRAY U"EACH . II. .. . I . ... 1iir 1993 2001 CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATION OCT 1 4 2005 CITY CLERK Please "e or rint the follo 1. Last Name: ;::;;: 2. Home Address; / 3. Legal Residence: /~ 4. Principal Business Address: information: tiE cI/ 1J~ State ~{ State PL State M.I_-;:r Zip Code 33 Zip Code .3 3> jeW Zi{> Code Ez=?/V AVE' -.-- ~ ~ 5. Home Phone: " Business Phone: ~ I :21.(- .333 " 6. - E-Mail Address: /Jrf (J 39 (/J,r f.I'Jo Cell Phone: Fax: fue you a (egistered voter? If ~ ;7re at:e you ~~~ 7. What Board(s) at:e yj>9 " erested in serving? Please list in order of referen= " (--'r. LI e.& '='" 'ciA" 8. lO. List any (elated professio~ certifications and licenses which you hold: . ~ 11. Give YOU(j?(esent, 0 &M:""eo1.-..4 Of? CJh/{ 4-1 E tY71 "12 Describe experiences, skills or knowledge which qu;ilifY you to serve on this hoard: (please atblch a brief resume) IlIe..vet!J c;j??/A/l. s: ur~ - e/;i5 'A.:),9( U ~ 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 m..y receive. , "" rZ5 / /'rj/6Z4:J\/~" " " DATE I " " , ate; This application will remain on file in the- City Clerk's 0 ffice fo( a period of 2 years from the ru.te it was submitted. It will be the applicant's (espoosibility to ensure that acurrent application is on file. S\C1lYCU!RI1BOAIW\Al'I'UCATION ***** mr 1993 2001 f/?-~l CITY OF DELRAY BEACH E\VEO BOARD MEMBER APPLlCATldfiC c SEP 2 a 2tl1b crf'( c\..E.~K DB.RAY BEACH' . , .. . . . ... Ple:.ose rint the follo' irtfonnation: 1. Last Name: p- 0 G l- \ 0 . \:::. 2.. Home Address: \'R -0 00 3. Legal Residen~a.W-e- 4. Principal Busirtess Address: Srn.te ~L. Srn.te M~ Zip Code .3 4..~ Zip Code City Srn.te Zip Code S. Home Phone: . Business Phone: E-Mail Address: SGI) ~ 1- IS -b '}'6& ,.---- 6. ALe you a registered voter? ~- .------ Cell Phone: ----.'.- ~. Fax: ~;;\)~1-\S: bt'iS2 7. If so, where are you registered? . ..:D ~L Please list in order of preference: C-,o IlY\ \'VI, ~\\-e..e.- 0 '" (c\a. C- e. v\;' 8. List all City Boards on which you are currendy s~g..or-have previously served: (Please include dates) -~ . .- --- r/ 9. EducatioD2l qualifications: .' . "7 Co.\:-\: $ ''1:i- lxi ~~:s. ~ I hereby certiIY that all hove srn.tements are true. d I agree and understand that any statement of material facts contained irt this application may cause forfeiture upon my part of any appointment I may receive. .J --:::?-_~C . FNATIJRE /. Note: 'Ibis application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will.be the applicant's responsibility to ensure that a aurent application is on file. S\l.1TYa.En:'IBOAlfDtAPPUCAnON t- 9 DATE &'is ,Dr 00 -11 2005 19:G9 , l-.u.":::.~ v~~.:t.:::: DR.JtA.Y St:A..CH ~ AJHIQe<iCaCity ~'II': 1993 2001 e~1 A.JL~ <6{ tD/ tJ1 CITY OF DELRAY BEACH RE.CEiVED BOARD MEMBER APPLICATION A\JG' 0 2005 ern' OLERK CITY <;LERK @Of)4 ~~/-IO/05 WED 11:38 FAX 56124JJ77~ Please .in< lhe foUa . 1. Lu< N2ID.e: infonn.a.aoo.: Z. Home Address: 'l32.. 3. Legal. R<:si.d=-c~ 4~2. E.NU ..-~... DRl<le N2ID.e F~ tii.D CUy- D 6' L~ Y Ci<y D~.cA Ci<y /36".'" <: II Staee FL. Scue FL Sote ML B. Zip CQ<k .3 8"~ Z'Ip Co<k 33LfU Zip Code Fe"""l..~^ E v'e "-"<'r1- Doe '''~ Bi;IlCH 4. Princip3!-J3usiocss Address: S. Home PhoDC-: Business Phone; Cen Phooe: F= 51,,1-7'5-1"30 ~1-276-'67/ If so. ~b.c-cc ace you regist.crOO? ,." e5 _ Y6~~A 7. Wh;..c Bou:d(s) :ace you io.co::ested in :serviug? Plea.s~ list in order of p:J2(::fcr~ce: Alf(IG-III1,O~ nO,II A .PYJ~ -} -'- A.1l(l~"" J!,OAL, S. Lise ill City Boaeds on -.chich you ue cuueudy serving or fu1: e pteviously <e<"'.od: (plcose indwk-dae",) "'6fT Sc C-....,,<./ -" :3 - T''S<r/l-l - il>,,A-<~ (/ C. STI('-"'C ION N'EA...~ 9. E.duC;l.cio~~a.tiop.s: . S. .., F16C 5'U-7..7f,-(.7i-z.... ~"{- 7/5'-'1030 6_ he you. :a..I:cgisttrcd voter? -c.. ,lIe EN& Ilia UN/V. 0;:-: h"'~I!i:s.SEe 10_ List any eebeed pcofessioMl certifications =~ liaDScs which yau hold: I?EG-15T€A?iTD _ horeSS>o,JAl... crJG/-.Je€jI!. r(.,c,(!/ A S-rAT~ CliR-TFt;;z.o BUILD"'" CONT- II. Give yow; "preseut, or mOS( recent employcr, =d po.irion: L.~':>P T -rt:l.rco ..J/<F.., -1>, i (}c(},A.b, Ii ;:(.,Q~ c-ro~ - E~GJ"lOG<,J~ AND e 00. this bo2C& (PI=e:l.ttadt " brid~) I hex:wy ce:crify dut all. the ahove sOLla.nen.IS 'Ue nut"'.., ~d I ag:r:ee 0'0.<1 ua.dttStand duI: :tRY nUs:sOU!fi1GO.t of.m~~- f-act3 conCliaod in. this. appl.i.c.a.rion mayo.usc focfci(\.I..Ce upon my par( -of 'UJ.1 :otppoic.tm.etl( I inay receive... - <') d !3. - <J,~---- . 0 '$ //1 / U1o~ SIGNAtuItE - ~ DATE' . , "I'" "Ibis "Pplication -will remain on file in the- City Oak's Office fae ~ period of 2 yeou:sfrom. the date it '<IT2.S submitted. It will-be the ,,-pplicon.c's respoosihilit}' <0 ensure ~! ,,-_currCU! "Pplia.uan is on tiI.c.. . ~tuCAUDt-l' 311 -~'Jlb l'j:U~ ....u...::..."':l.2 t..'l.Jl,j..j FRED B. FETZER, PE 931 Evugreen Drive Pe1r1lJ1 Beach, Flurida 3348-' (561) 715.9030 (561) .J76-67/J fbfdZe1@be11south-nel OBJECTIVE T i) obtairt a cJwlIenging posiriol1 serving the. commuJli,fV where "~\.';e:rlensive adminisl.rariv~ managerial and technical skills will be uriliz~d_ QUALIFICATIONS A.n ei.perieJ1c.ed professional who is dependable.. se!f 11lOIivated.. flexible. committed 10 setting high Standards of eihics and performance. and wi/ling to "If'ark hard to achieve aggressN~ goals. WOlCK EXFERlE[\lCE Nov..19fJ9- BdlSourh Telec.omtnu1t.ica6ons~ Jnc... Miami, Plorid4 and PltDrtalibn.., Florida. July, 100:1 Direc1or- Engineering and Omstruawn .Directed the operations ofehe Outsit.k Plant Engineeriug and COJ1.ftrUCfi01t organizatlolzsfo"'- Network Operarions Divisions in the Much Florida Area. This included responsibilities for d;:sign and construcnon of annual Construction Programs averaging $40 10 '$50 mi/li.on peJ" year year. ConsInJ.ccion Programs consisled of d~igl'1iJlg and cOtl$rructing telephone network facilities includbigfiber optic c.obles. loop electronics and copper based facilities. I averaged 250 co JOO ~loyees (7 Direct reporlSl in my organization.. in.cluding Area Managers. Project Managers.. Loop capacity managers. Engineers. Construccion Su.pervisors and field technicians. Retired from BeIlSouf.h on July 31. 2002 with Q\'2r 31 years of suvice. ) Fea. 1987- So"them Bell Telep/",..e & Telegraph Corp8raJiqn. Sunrise. F1qrida Nov_. .1989 Operation.. ManaJ:er-Florida Network Suppo" Directed the operations of the Computer Malnterwnce Centers in Sunrise, Aliam~ arid Jacksonville. Supuvi:Jed various Network Support Syscelll$ and Centers. it1dtuling statewjJ~ hetwork monitoring and mailJ1enance. darabase mOJ1agemeltC and informa.cion Technology (IT) support. This was a stacewide line organization wirh approximately 250 employees (9 direCl reportsJ Mar.,1'81- Southern Bell Telep/,q". & Telegraph Corporation, Miami. FJqrida Feb., 1'87 Dlscrid Engineer Resp<mJwl. for managing the ()uJside Plalll Engilreering Distrid and Loop A,s.sig""'eJrr Center for tire twrt:hem pqrtian of Miami-Dad. Cou"o/- Directed Engineering and Loop .~s:rig"'nelll Cef1I.er W()f"K. groupS iu the pla,uling. design and provi:1ioning OflleTWOdc facilities (including J Waf responsible for the e'lgineering arul man.ag€menr of on anJlual Construction Budget 0[S10 to $30 million ill tlris position. 1 had approximately 100- I 20 51ibo~dinace employees ;'1 this organization (8 direct repons) including engineers. s'Upuvisors. drafting clerks atui other clerical sf4JPon- Sept., 197'. Sauthem BeU Telephone" Telegraph Corp., Adama. Georgia Much, 1'83 Di.dridSca[fMana!;er This W<11 a rQlaIiarUJI asJignmencan the Campany Hea~uarter.r staff I was respo....ibI. for :>taff support in managing and administering Southern Bell's NetWork ClHlSlrUctWn l'rqgram for the .,four state regio1t. The Capital Budget associated with the Network Conscruroon Program averaged over $600 millior< ""n"ally. 1 had a Staff of 1 0 employees i" this pasi'ion (including 8 EngiTU!ering Staff }..{arwgers who were direct reports). ) :;.0. ...... -=-.--"".....J ...';'O.'\-'J 1'1U.~ VL~ April. 197J. So",/,,:rn 8,,/1 Tdepho,,,, &c T"Ief:raph OJrp., Platllation. FL. and Boca Rato", FL SqL? 1979 Supov;sing Eflgin(!u- Plant4rioll Dl$uict/ Are4. Ma.nager-/J.oca R410n Distrid Sllpen'if.elf (JIlLtide Plant Facili(v design groups in two Southeast FL Dislriccs_ ResponsibiJili&..... iru.:/uded supeTvising desigl1 of network facilities. cu.rrenC at'.d long range plannin.g. In this posiIiolJ. I was responsible for matUlgillg anfluaL corCifruC1iolt budgets a/SIO,., to $12M and supervising a ...taJJ J 5 to 20 ellgineers and clerical supporl personnel (including JQ to 1] direct "el'orts)_ Jl4v, 1970- Southern Bd} TdqJ/w,,,, do Tdegraph Corp.,l"Imtt4Jion, Florl44 April. 1973 Englneu- Oulside Plant Daip Rupooslblefor design of OutsiLk Plan, (OSP) facilities for a geographic ar= (southwes,ern Broward COW1ty). rn~e responsibilicies included tk.sign engineering and curr.ent planning. / hud 110 .oWClrtlinaru in this posiIiol'L July, 1967. MarrJn Mariena o,rporalwn. Orlando. F/orU4 JIUte, 1970 englneu- Thennodynmrric3 Secdo.. RapOnsiblefor design engineering 011 missile defeme .systems through V. S. .Government defense ("..o~rlrQct.~. Re.spon3ibiliriM induaed thermodynamic analysis and de3igt'l ofmissil.e compon.ents and .technical writing. I had no suoordi1Ul1€.$ in dtis position.. EDUCATION UNIVERSITY OF TENNESSEE. K>1oxville, Te/V,essee 8.S_ Degree i>1 Mdc-haJ,icaJ Engineering Fl/.OFESSIONAL LICENSESAND ORGANIZATIONS Registered Professional Engineer J.n the STates of Florida and Georgia , ) Member of the N arional Society of Professional fj'gineers Member of the Florida Engiheeri>.g Socia)' S,ate Cerriftd Building CtmPaaor. Sta'e of Florida aVIC INVOLVEMENT AND EXPERIENCE El=d 10 the Ci.y Council ih Wilton Mahors, FL in 1973 and,-e-electedfO":! additional 1 year teTmS_ Served as . City Council President for 2 years. Appointed by me Broward COlO1o/ Cotmnission 10 serve on the first Broward CQl,Utty Pla.n.uing Cowuil during this period Re.sighe.d cmmciJ seac il'l 1979 due tOli job rralUfer ~v my conlpany to AllanIa. Pres""tly .<erving as Presld"", of-Tropic LYles CivicM.ociation in Delray B=q, (elected ih Feb,uary,100J)_ Gratbu:aedfrom tire Delray B.adJ Resid.mlS Academy In ApriL 1004_ Prese..dy s,!,vihg 0>1 ,Ire Boord of Construction App"als for lire City of Delray Beach (appolnrd by the City CommWWh 1>1 2003). Pro'nll)' serving on ,he City ofDel.-o)' Beach Neighborhood Advisory Council (appoinred by lhe City O,mmissio>1 ;11 November. 1003). Currenrl}' serving af Second Vice Clwirmalt of this board. Pruently serlling on Mayor P ulman's Ract: Re1aIions. Committee in De1.ray Beach frcrenJ/y serving as Secrerary/Treasuru (JI'he Boord of Directors of Tropical Financial Credil Union (fFCUJ- Served as a member of this Board of Dir&.:;cor.~ for over 19 years. (indudhlg 3 years as Chairntan)_ TFCU is a South Florida based financial services organization with over $650 million in assets. O~/~~/~OO~ ~O;~~ OO~(:JO.:lO.::l" ~PC.LW-> Arr,J'. DO,J,.J'A ()f,...LV LA ORit'T BEACH . ~ 0 . I, . . .' (;r~167 *.....-. RECEIVED CITY OF DELRAY BEACH' . 0 BOARD MEMBER APPLlCA TI()t( 1 4 2 05 . , . CITY CLERK IIJ.A.-t.....if '111t 1993 2001 Pleasc or cint the fi information: 1. LastN2me:FOR. csT 2 ~/:;O^d.:m:E.euJQOD 'BUJO 3. Legal Residence: SAm€:, 4. PrinciIlal Business Address: City /?1~~l.LI4 ('o)JDOt\1"JlcJlM A.UI:l. (Nt. 'BOCA Kt:rTl~N ;<50 S O~AN 'BLV 0 S. Home Phone: Business Phone: E-Mail Address: Cell Phone: 56) - .:ill -.368 - ~e'1' DFofl.5lJ 86l/.,\~\"i\>, 7} ~58o't 6. Axe you a r~ltered voter? If so, wh~~e~ t~Cd?". 7. What Board(s) arc you interested in serving? Please list in order of preference: "M LI c,e 0 Name CityD City Ji J:'L Zip Code 33l/32. State Fax: 1-1/91-911 AJTY UAJIV{I- 7]oITON /11'\.4 ~ , ins "blUr- / mmmW L (VJAtJ A~ . I Note: This application will remain on file in the City Qork's Office for a period of 2 }-ears from the date it was submitted. It will be the applicant's responsibility to ensure that a current applicatioo is 00 file. ~^lUMrruC\TTOf'/ ~~/L1/L~~~ l~:Lq :Jbl/~1:1.jI::i.jL MAI<I<l:.LLA I-'Abl:. "':l Carl :I. Forrest .'1 3140 Sherwood Blvd. Delray Beach, FL 33445 561-498-5078 PERSONAL INFORMATION BACKGROUND ;'. PROPERTY MANAGER: (20 years) I have been a property manager for over twenly years, having to deal with many situations dealing with people, problems, and unusual situations, With a strong background of problrm solving by developing solutions and alternative answers to bolh difficult and normal situations,! PALM BEACH COUNTY JUVlNILE JUSTICE BOARD: ( 3 years) Evaluated juveniles who committed misdemeanors and fe~nies (first time offenders) and worked to get young people onto the correcl track of life, by reviewing the crime which was CQrilmitted in a face to face meeting, trying to explain why the crime was committed was wrong and d~veloping a reasonable sentence for the juvenile; be it publiC service, or other and the amount of lime:to be served. This was then presented to the Attomey 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 pro~lem(s) and determine if it was a manufacturing problem or one caused by the consumer, Once fault Wll:i'established, to come up wilh an acceptable solullon for both parties. ,) NORTH CONWAY NEW HAMPSHIRE POLICE DEPARTMENT: (6 years) j .' Served with the North Conway Police Department (1969 - 1975) as a "Specl!lJOfficer"; ( a functioning pollee officer with full police powers, but only on a part time basis, less thar\:30 hours per week) My background as a police officer gives me the insight into how an officer thinksiirider stressful conditions and at lhe same lime allows me to underStand the public reaction to many situatl~ns. MASSACHUSETTS ARMY NATIONAL GUARD 26tH DIVISION: Served In both the Infantry and the Military Police branches of service as an entisted man and an officer. This training gave me the abilily 10 follow orders, deal with numerous life and Qaath 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 Einforcement, Arbitration, and my background as an execulive 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 a\1d to work with and help develop excellent techniques and procedures for the Delray Beach Police Department, which will help to develop excellent communfty relations and good understanding between the DeJray Beach residents and the police force., ' 2. Home Addre.-ss: Sep. C = ~;jo1 €,\\JEO CITY OF DELRAYBEACH B.€.C .. . \\\\'i BOARD MEMBER APPLlCA TIOHsE? \ 1 'l 'f.. c\1'< C\.e.~ RClI-I GER-SHII FH': 110. 56126607-t6 P~~AY, 8~"<::t! tzezII JlU.Melc:aClty ) "III! 1993 2001 information: 1. Name 3. Legal R~sid<nce: ,J' ff/'rl e:- ~R../l-I d Gry ^ . dAE'L;( Cicy .. 5. Home Phone: 4. Principal Business Address: . kn~,a Business Phone: 1/f Cicy Smte Zip Code 7. \"'11:4t: Board(s) .u:c you inteJ:e.5 E Mail Address: Cell Phone: Fax: .{'(/r/t ~J~ f?(",,4,/Of,-f- L6-z ~(.. c,. 4./-").(( -v?1:/, If so, where are YOll registcred?~L,. ~..,.;::..-. ~bi L6t 0 60S' . 6_ kc you a n-gisce.red vocer? . . serving? Please lin in onl.c:r of p'Ce.fcreoce: ! oL>cG' #ViJ(/~ D;q, 8_ List all City Bo-ards 00 which you a.re current! SCLVlng Or have prc~u51y s~t."Ved: (Plc:ase include claus.) .') . i-.---_____._.. 19. .Educ-cHional CfllilIi.tications: ~~....~~ 10. LiS{ any related professional certifications and licen",s which you hold: - Sa 4Ir/h:~ /.?c:r~ A7 <; 11. Gh,c your p.cC'.st.-nr, or lnost recent enlployer, and position.: 12. Desaojbc experiences, sk.ilb Ot knowledge which qualitY )TOU to save On rhis. boa.t"d: (Please a~ch a brief resume) 'l...T~tC: , , :-tlJ rb, 3b.:ov,-' :i.Ta[ctnc:ot.<;. U<;: D:uS an..:! 1 ic.gt<< anJ undet"st.and plication may Cause fotfeitth-e: upon my part of any ilppointtn any ntisstateme:nt of mato:ial fact:) I may receive.. -0-: >t70~ 'carlon will renl:Un on file in the City Oerk's Office for" period of 2 years from the date it >was d. It will be the applicant"s rcsponsibiliry to en~"Ut'e thar a CUrrCllt 3pplit.--:ariOIl is on file.. Sw:::rrcCLf..KKI8(V.jt(lI.Jl...ppt.ICAl"J()N ,0" C,EP-'O.H11 Hi': 110. Sbl2bbOi-l6 Sep. 12 2005 10:31HI'I P3 Gerald Peter Franciosa 939 Eve Street Delray Beach, FL 33483 Home phone number: 561-266-0608 Cell number: 561-716-1355 Fax number, 561-266-0746 Em.il: r....neio...4delray<iiJ..oleom - ("~an2(au..ol.cO';1 QUALTFlCATIONS: Over 35 years of investigative experience. " SEOUENCE OF EMPWYMENT 1965-2000 FALL 1965 I ,MARCH 1970-Licensed Private Investigator, City of New York, self-employed licensed l,rivate investigator also licensed to carry a firearm. MARCH 1910-JULY 1973-U.S. Customs Agent, assigned to, the U.S. Customs New YOl'k City office. ) JULY 1973-JANUARY 1998-Special Agent with the Drug Enforcement Adminish'ation, with special assignments to US State Department. JANUARYI998-JUL Y 2000-Private Investieatol" Self employed FloridalNew York licensed pl'ivate investigator working on a myriad of investigations. JULY 2001-FULLYRETIED SYNOPSIS: I graduated college and received a degl'ee in accounting and economics"l was hired in J 970 as a special agent of the U.s. Customs Bure;lIl, Department of the Treasury. During my tenure as a Customs agent I conducted a mydad of investigations ranging f,"om backg."uund investigations, Customs fraud, smuggling, intel"nal iuvC$tigations of Customs employees and narcotic investigations. I was also invoIyed in training new personnel. In July 1973, a Presidential decreed established the Drug Enforcement Administration (DEA) to combat ot'ganized crime and narcotic t,'afficking. I was at ) .:-' RC..l C-ER-SHt I FH:~ 110. 5612660746 Scp. 12 2005 10:321'<l'1 P4 tbat time laterally transferred from the U.s. Customs Bureau to the Drug Enforcement Administration, which was part of the Department of Justice, as a special agent. I remained officially with DEA until my retirement in 1998. During my teuure, I conducted mayor investigations into criminal enterprises involving organized crime, high profile narcotic violators, money laundering, and fraud, I also conducted internal, background, and asset forfeitu.'e investigations.. I was involved with the training of several foreign llOlice agencies in areas of investigative techniques, inter.rogations, firearms training, use of force and establishing police policy consistent with their foreign govel'nlnent laws and regulations. AWARDS I have received over 40 awards during my career from various US "'ederal agencies, including the 1983 Attorney Generals Award for distinguished service. I bave received oVe.r 30 awards from foreign government agencies and over 25 awards f,'om various State agencies. AREAS OF SERVICE r served t.he United States Government as follows: 1970-1984 New York as a special agent, 1984-1988 Rome, Italy as an assistant Country Attache, 1988-1992 at Boston, MA. as a supervisory special agent, 1992-1997 at Curacao, Netherlands Antilles as a Country Attache, 1998-retirement at the DEA HeadquaJ1:ers, Washington D.C. ) INVESTIGATIVE TRAINING: During my investigative career with the Federal Government, I received numerous trainiug.in investigative procedures. I attended the Department of the Treasury, law enforcement training facility in Washington, D.C. aod the Department of .Justice Special Agent law enfOl-cement training facility at the Marine base in Quantico, Virginia. 1 also received lJumerous othe.- investigative training during my Federal Law Enforcement career. EDUCATION: . I received a degree from tbe City College of New York, majoring in accounting and economics. . BIOGRAPIDCAL DATA: DPOB: Octo bet- 25,1943, Bronx, New York I have resided in De1cay Beach since 1999. I am married to Sandi since 1963; we have three children and two grandchildren. . ) DBJIAV BEACH ~ ij I II! 1993 2001 (/;>>/0; CITY OF DELRAY BEACH BOARD MEMBER APPLlCATI~CEIVED SEP 20 2005 Please rintthe foll infonnation: . 1. Last Name: /'V _. (5CLf> 2 Home Address: 1'iS'I7 OLt.rf. /)I--i,,~ 3. Legal Residence: Sa""f'l.. 4. Principal Business Address: 1> .:L'is- 70"" H c:.~n-k... t< o<></, .s "'* 'Lo, . City &c.. Rc..f<,., 1-1 State Zip Code q<:.l, L- 33Y'i;..s State Zip Code State Zip Code FL. 5.sY86 E-Mail Address: Cell Phone: Fax: tH_/_ '11'1:;_ "1i'1i "> -1.-. IcI",...r<l,'''., cf.A~("'57~'G.06'1 t><ot,'I/('..J./{.s ;;) ~ " 0< <?- ~.:J" "<.]-- r<>...,,S ",.Co ~. "'71'-7 '11-7 Are you a registered voter? y, If so where are you registered? es ,;'e 0<::0 7. What Board(s) are you interested ~erving? Please list in order of preference: '?oliC... vu".. ($:.Q vd 5. Home Phone: Business Phone: !!ibf -.)7 'r'- 61'.;?.l 6. 8. List ,ill CitY Boaids on which you are cUrrenily serving or ha<:" previously semi.t (please include dates) '-,..-' ~A~-'.. "__ ... . _:-:. '~.' :'.' .... -""- ,".' ; u :) 9. w.....+l1""o~ Cd,,- e.. 10. List any related professional certificarions and licenses Which you hold: (dv< . Itce s"! '" 1?'-cJv e SIGNAWRE 9-{'f-oS- DATE c(.., . ("7"" nt of material facts 01 clR<-/) .. .4 f.o.. f1tR. Cd--., ..o(,ir .. Vt!.st.J. ...<6:. '~ote: This application will remain on file in the CityOerk:'s Office f?r "- peqod of 2 ~'" from.tlte date it was \. . submitted: It will be the applicant's responsibility to ensure.that a current applicarion is on file:' SICll'YCLELUC\BOI\llD\APPTION OIlRAY BEACH ~ rllir 1993 2001 RECEIVED CITY OF DELRAY BEACH OCT 1 1 Z005 BOARD MEMBER APPLlCATIO~ITY C7f:RK IOftlClJ Please or rint the fo inforniation: 1. Last Name: H L l A 2. ~~Ad~c':)tfJo INIE: 3. Leg2l Residence: .:5AMb" 4. Principal Business Address: Name .JoH-~ M. L I=" c ,QCU: City I S~l Zi~~e :J .6 City State Zip Code SAME II " City State Zip Code 5A.t.IIE: II I' SAMt;;;" . 5. Home Phone: Business Phone: E-Mail Address: . t::) .Cell Phone: ..J M~~ "0544-5 e- (,,3 8 ~5 '- 80 5N-AE' 6E:LL.Sb<.lTI-I.t-{Er -- 6. Are you a registered voter? \( t:; 'S If so, where are you registered? PALM I3€:Ae. H 7. What Boanl(s) are you interesb:d in serving? Please list in order of prefereoce: Fax: :PC:>L1C~ ADV~5o~'-l BoA@ 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) NoNE- , ) 9. EducatioD.lqualifications: ... ~tr-te-E>QIt-jfi L.IO=~E t.Ej)Ll<:A'f\D~ B.S. \.jJ\Q.(;(ETI\-.\( M6A MS~12N\ ~ ORGAW.I'ZAi\or-...lAL.. v.s"~v.oLD6'{ K'ENof.'WA.L. 10. list any related professional certificatioDS and licenses which you hold: PQ.c~E"'5:5 \Ot-lAL EN:::'i\I--!l;EQ ~ MEC~ANlQAL ~LA. PE 15~Wf 11. Gi,!!' your present, or most recent employer, and position: \-", Q S6N C!.o\2.PoR '(\61'-\ - AS::if IR€G\c~ O~ CP8?AT\cfo.tS 12. Descn'he c-xperiences, skills or knowledge which qualify you to serve on this boord: (P1ease attach a b . ef res ~ c:> \JE: €:AQS 0 tJlJWA ""MEN, f€R\E:~(%: My MS EDoCATION MEM6E12. of MAw'l 136AlZ,D5 Dt-l CcM.Mot.tl'iY Af..lJ) STATt L8fEL. A t:AMIL'i f-{EAVIL..'{ 114\fOL-I/@ {t-J LA.W!:t-tt=OlQe6M f' I hereby scrtify that all the above sllltements are true, and I agree and understand that any misstatement of material facts OOD " in .1;t~e~nmYPartofanyappointmi~iZt5 RE DAlE' f . This application will remain on file in the City Oerk's Office for a periodof2 years from the dateitWllS submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'<:ItYCLEItIOIrAllON DORAY B'EACH . .. . ... . .. ***** CITY OF DELRA Y BEACH /13/17) BOARD MEMBER APPLlCATIO~e.GE\\IE.O 0('.1 - '3 1\\\\'i , E.~" Crr'l C\..: ML , AI-AmeIicaCity "IIJ! 1993 2001 Pl"""e rint the folio 1. Last Name: infomution: State PL, State Zip Code -s~y Zip Code State ZiJ? Code f-L. Fax: 33l{<{...3 - .s wo If so, where are you registered? 1-0 7. What B.qa.rd(s) ar!, you interested in serving? Please list in order of preference: rbL ' ' 8. list all City Boards on which you are currendy serving or have previously served: (please include dates) No ' ' 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 1 . Give yow; present, or most recent eniployer, and position: 'n . , - '-l.'& . ' I .sTec.u tJ P 5 -r: M L. b ItS'C C (J r:: Ih'9 f3.'UJT/, II.. hOD P- t; r: So . 2>e I hereby certify that all the above statements are true, and I agree and understand that any misstatement of trulterial facts contained in this application truly cause forfeiture upon my part of any appointment I may receive. /l~~O;... /2 . ," 9-8-~-oS- ;7c;NAWRE ~ F DATE , ) , Note: This application will remain on file in the. City Clerk's Office for a period of2 years from the date it was submitted It will be the applicant's responsibility to ensure'that a current application is on file. , S'oCITYUl!ItK\BOAltDVn'UCATlON JOSEPH A. INGRAM, JR. HOME ADDRESS 3324 Chatelaine Blvd. Delray Beach, FL 33445 (561) 496.1594 OBJECTIVE Seek opportunities and strategies to become a yaluable 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 ..WORKEXPERIENCE 1003 - present Crowne Plaza Hotel West Pam Beach, FL Banquet Captain ) . Supervise servers/set-up persons . Prepare invoice!bills . Guarantee BEOs are properly addressed . President ofthe 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 · Providessponsorship/counseling to individuals of substance abuse . Chairman of the Christian Brotherhood of St. John. ) REFERENCES AVAILABLE UPON REQUEST OElRAY BEAtH . .. co ., . . ... ***** ~ . ~0 S. ~/ V, CITY OF DELRA Y BEACH C'/ 'f'p <' tf ~O BOARD MEMBER APPLICATION l'y C'~~ <'c?~ c;j/J.::j:;; M. L t2.., Zip Code :3 Zip Code Name (110 tttttD ~~ State 1iir 1993 2001 Please riat the followin inforr=tion: 1. Last Name: /<A-rLlt\-\ 31?f't-d~fM-ItL L-1J/4:s 120M 3. Legal Residence: 5-rt-T'\ Z 7"is ;MtJ tI ~ 4. Princip,.l Business Address: .5 /Tf'l1 Z- I!f:5 ~Q'lI~ 5J[' City State City State Zip Code 5. Home 'phone: . Business Phone: E-Mail Address: J -638'- ?6YC; sbl-2-78-3l/86 6. Are you a registered voter? ~ 7. What Board(s) you inter.ested in serving? Please list in order o(pref9;ence: ,). 17 LtC-&,.. ;:i-DVtSO/l- EM."I "IfL' 8CJ8fLJ) , Cell Phone: Fax: 1- 'J<J If - 332:f, 111 /,-J t:f /2- t-fit 8. List all City Boards on which you are currendy servlvg ';);ave previously served: (please include: dates) . . f'/ZJ ~ 9. Educatio.wqualifications: {}- to. List any related professioruU certifications and licenses which you hold: Mil- , FL 3 yc;y ~ I hereby cetlifJ that all the above statements e true, and I agree and understand that any misstatem t of ma may cause fotfeilnre upon my part 0 f any appointment I may receive. . .- .".. i/z.g-/os-- , JoNATURE . DATE Note: This application will renuin 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\OlYCl..E1tIJ,8OMU)rLlCAnON t lU U:' l~:::!::Ip ***** RECEIV~ DEe 1 It Z005 DRRAY BEACH , l . .. , 0 .. AJI.AmerlcaCily " II ,! 1993 2001 _.... ~.1 CITY OF DELRAY BEACH , BOARD MEMBER APPLICATION 1~11/D7 fl~enmeororintiliefullowm~mfumucio~ I 1. Last Name: J{Av Name m ,ih'l (n1ic..K.t!:y) M.Le 2. Home A~dxess: . I +. Cicd.. Nedh. City State Zip Code Sil Iill-tttlJ'M :De/rAf I3cLt:'/... FL 3~~i'.s- 3. Legal Residence: City Stare Zip Code ..:51\-M< , - - 4, Principal Business Address: Citj-- State Zip Code l\ - - - - 5. Home Phone: Busmess Phone: E.Mail Address: Cell Phoge: Fax: !>'4I ~ '195-18' ~ 8 "!Sf~3I.()-/''foo ,.,ko:t ~ A,1I.a..GuiF. (,>! - 'IS,,! -3, O-&. f;.:z. 6. Are you a registeted voteJ:? Ye~ If so, where are you registered,? Rwm &4. dJ a. 7. What Board(s) are you interested in serving? Please list ir1 order of preference: 8 J .. . )::J-,J . ''1' 13()Cl.~ Q /.:e) ",.s,,,' " , ,.)8. List all City Boards on which you are currently serving or have previously served: (pleas~ tpclude dates) " 9. Educational qualifications: 6.S. de.,ru ceDnOM''cs. , , 10, List any related professional cerrifications and licenses which you hold: : , . .! , . . 11. Give yow: present, or most recent employer, and position: , '! A8~a.. Gaff- 7('''-nsp~rt. rite. i Jl{c~ PN'.S. S,q/~sl M/fl"k<-n",z, 12 Describe experiences, skills or kno:vle~e ~~ h qualify you \0 ~e on this bO;Z: (pleasA attach,. a b~f resume) :>/:Ned till 131J4rtl of D",cc IS rre~l4.I'~" ndcwi!. ~1N!l>~n~:S 15S"".. ~MY&c~ ~S;dUli; A::,e;eI,dmy rra" .:lOl>~ J/gkl/Iir!,..fo~:;;/~f-'~"t" 1101 A,ill3.t1/k. I. ,J 3,." -f,.""ST il1 S&-vt'n.r t~'" o'fy. , .:; I hereby certify that all th~ ab~c statements are true, and I agree and understand that any'rniSs~atement of material facts contai7 "1rlica;~~cause forfeiture upon my pare of any appoinanent I may r~Celve. . ~/ IT '''', . / 10. I (.....J:9~ ~~m~~~ Mlli , "u . Note: This application will remain on file m ilie City Clerk's Office for a period of Zyears from ilie date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. .; S\ClTYCl.E.RK\BOARD\APPUCAnQN 89/1a/o~;" )lOR 10:'1$ FAX' ~61.24.:Jj:77' . em CLERK __ ~'V__ ._ llIUAyRio........ t' .. \j' .' " co Col.' ~-). . . ....--.~-1: - o. Q\1\\,-,- _ u_. . 'r,SII?I~ . CITY OFBELRAV ~H . ..,' c'. <Ill : BOARDMEMBERAPP-LtcATION 1~.. 2001 l<!I002 9/1 (h., . '~Pf1one: Nl~ .B:.M.WA~ . CdI'.P!iOOG; . (~\'IU\nIe€aJ~ 1-<". . State FL .Su.tc- . .\\) ll\: . RECEIVED SEP. " 2005 IT'(CLERK .1..013 " Cod<:: . 5' Zip c.oo., ::2>145- . '.Zip eoa" tv f\ -(~~ '.F:ic L . ':'J; ..e"""U:J...l~'13 }.. EJ' ~J1.v~'1 f\A' ~ . . ." l'-.~."u,^ '. . n. . lO.l.:iot"'9:mL<li:dpr~.I,..-.ifiatj""":andlicens.,.~y""chold, n.Gtn~~oC-~~.Dli~L) C D -L .'r';' ,0. '0.. . .. . . ~, 'I, () \' ve,~::;e ve Scl'\.O'tJls - f' -~-{ re..:hnl . . ,~ . 4illsoch ~~r-(,,<=x"oo,tbli~{Fbo""/lJIch'd;ri.:,f'~ ,1 ' . ~.. C1r-cl~lrv.lA-e "'\~t~h(l'd,-<l'()cY -'Altr\-14d tA^t-k P~\i<"<;~C!v~~~APi . 1.0."-'\:-- de.V\.ts :N.oA3^b:...s t- '?0~'(c.e )wdYfu&w, teo'-'?knifyl ~I(€. I .', . '-0 tt~ tru.d'-c,~ Mi. ,e. i'MLhv \ U\!-~k~t YV :L.1/I"5. ",;. >P ocktv -.nr>bat.:ill' .~'*. m,---'=d.I~....d ttnt' daaf ,. &a;n. rr::,","'~"""'''''''''_''''''---'. -r~e. !~1U"'/,Jtc~}, , . ..~~I)C) Not,,:;. n.;. ~'t&a.wiIt~ on1ik-io.lbe-CuyOerk'~ Om..,., fa.: ~ p".rio,f~ 1'= liomtbc<lsteit W'2s '""",,""'~Jt...;ubethe~s ~(>;>~e:~..~"5'~i._& 'I, . '..~ \nwk..ud vN<'l'--t Sep 15 05 09:22a Major-Hanna 561-278-1822 p.2 09/14/05 WED 11,21 FAX SG12433774 DlLtAY 8EM:ti ~ ;( Iii! 1993 2001 CITY CLE1YL- ~002 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 1-/<;:-D; Please or riot the fuU 1. ~ Nome: mo 2. Home Ad<h:ess: 'S~O 3. Lcg>l Residence: S 250 S h 4. Principo!.Business jnfo.an:ation: 4. Nune E. l ( e..rJ City [).J ~ City bdr-<:< Cicy M.L ~ we... 5S: 5. Home Phone: Business Phone: SG,t-;?'1Z"-l&l,. 'K..;:\\^,,--& 6. A= you " ~egisterW votu/ .s 7. Wlut Boud(,) 2<C you inracstcd in sccoiog? Plcosc list in D<<kr of p""fccen= E-M:ail Address: C'o Ccll Phone: <2- fh.Q,.jer hc<.r,r'I4'Q,l ~ ~...(\ ,>"".Jt,..n<L.' 1.( - ;;J,SI- :Soll:J.. If 80, wb.e.re ue you .l:egiste.t:ed? Fu:: ~~: 'tV b <g 01; c "-- 8. u" all City Boua. on which you """ r-J N Q.--? bo~ r d. \-'\ \ ~S Ct. tiy scning or have prmous y IOUVed: (p~e include: d:a.us) to. List any cebted professioJUl certifications an~ licenses which you holdo I I. Give your prescnt, o~ most reocnt eoipIoYC[. :wd p<>>itioru Pu..1 e, ::Tc f3,. Ci.~' k - AeP~ ~c"'-'\..-- T c. Y>- 2.Cd: (ple;asc jlrt:2.ch II. hoef ce:iw:D.e) ~fY\...-~ /" '" . 12 Desa:ibc t:<pcncnces, skills Of: knowled{;e whiCh qouIify you tD ,ecvc on this L.::J ....._l:;. G I hc:cc:by cutiiy tb1t all the 1l~ $Utcments 1l.[C tr:ue" 1D.d I agrecaod uo.dastand lint any aUsSb.ta:nco..t of llU,(t:ri:al &.as ,conu.ined in thi& ltppli.ca.tion ID2Y Cluse forfei.t11tc upon my pe.rt of 2O.y ~ppointment I ~ .receive. gcfh--~~~ . · CJ//S/O:S SIGNArollE' . . DA1E l Not<:; 'Ibi5 application -wil\ reln2in 00. file in che'Ciq Oeck's Office fOL" period of2 yeus &om d,e lbte itwu submitted. It -wil\.be tho "Pplicw.t's ~""ponsibility to """...:e <h1t a =neat "pplk:ation is OD file. ran'" -'O-O"-'.o\UI"UCA"ItON RECEIVED SEP 1!t Z005 CITY CLEf\\<. .~ , , Ill! 1993 2001 1/d-~ fTJ CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATION SEP 2 1. 2005 CITY CLERK Pkase tvt>e or print the followinl!: information: . . 1. Last Name: M ~ ",. ~ N=e-S CL- 'p e.-\ MR 2 Home~s: C . ~E J3~3 \ <6 . ~ S \-Vl<U"'"'-I Tr",'.\ Oe-VLI.'-I (PL A,,-h 3. Lega! Residence: -' City --' Stllte Zip Code s:; 0- m e...- 4. P.mcipal Business Address: City Sate Zip Code 50.. rn e- 5, Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: l5\Q\) ~ L\3-~\o. - ~ <;"o..m ~ 6. Are you a registered voter? Ye.S If so, where are you ~tered? g h C ~ a.\m e<::,c- oun "u 7. What Board(s) are you interested in serving? Please list in order of preference: / PO\', C~ Ad--'l ;SOIU 0oa,.6, 8. List all City Boards on which you are curre6'dy serving or have previously served: (PI"""" include dates) I NON8 9. Educaliooal qualificalions: t_D'-t e, Le......\-4--e..r- . . S.e e--- to. List any related professional certifications and licenses which you hold: . S e- e.---- C 0'-.1 e.-r L e..- -\--- k ,..- . 11. Give your present, 0< most recent employer, and position: l'4\ e.~ 10 5.\-o.:\-u Co\\eae-- - A~\ LLbr+ P.....e:, (:" e.SSe. r 12 Describe aperiences, skills or IrnowIedge which 'f"";'y you to serve onlfUs board: (please attach a brief resume) . 5 e.e/ C 0 '-.I e"'- Le... .\- k r . I hereby certify that all. the:ohave s..,.",......, are tme, and I agree and understand that my tnis$tatement of material facts contlined in t:IUs application may cause fud'eitw:e upon my part of my appointment I may receive. Qr-. 8.-bc.VY\Y) ~ Sep.:\-. :;).;;z ;) 00.5 SIGNATURE DATE J Note: This application will renuin on file in the CityCletk's Office for a period of2 years from the date it was ) submitted. It will be the applicant's responsibility to ensure that a current applicarion is on file. - sary~ September 21,2005 , ) Thank you for considering my application for a seat on the Police Advisory Board. As a resident of Delray Beach, I am pleased to serve my community on The Delray Arts Roundtable and would like to extend my service to this Advisory Board. I am well suited to this board based on my work in Denver, Colorado and Boston, Massachusetts. I have created and implemented conflict resolution seminars to facilitate communication between college students and the community. I have been invited to work with 75 teaching staff at an adolescent psychiatric facility using my original activities workbook. And I conducted seminars on conflict avoidance at a community college. My teaching, writing and lecturing for the past twenty years ) involved urban populations and minority students struggling with issues of racism, sexual discrimination, ageism, integrity and character development. I believe that I would be an asset to this board and look forward to hearing from you. Isabel Make (561) 243-2108 ) -' j /Ilf. r70 7 (~chOJ ,...,..~.<<..., CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLlCATI9Mc 07 2005 CITY CLERK 1. information: Name /1 4. Principal Business Address: kn ~ 7 '1 -+' 2. B:Zr City A l? _, .. J/GLJ?,!' ~ City 3. City State Zip Code S. Home Phone: Business Phone: E-Mail Address: Cd! Phone: Fax: -- .5?,./- .51'0-/76,$ If so, where are you registered? 7. )8. 9. C)/(.e!:.e:;, (J.f,'. _ T 11. Give yout present, or .most recent employer, and position: ;7 Lb"u 2>/1 I E I 6W 1 A9fio,t'c;/) rJr/.Gr wsr~I{LPoUM/J: 12. Describe experiences, skills or knowledge which .sualify you to o /A/. /.4/ /A.J & .;:? ?-y~ 5 SIGNATURE Note: 1bis application will remain on file in the City Oerk's Office fora 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'CITYa.ER.K\BOARD\APrUCAllON ,p-13-2Olf.; 10:50 Coe:I.P.I A';El~~" 09/1J/05 Ul: 10:45 rAJ: S8124~J1H DaAAY B'EACH ~ AHuo>ricaCil)' "11': 561265270'; n IT CLERK 1'1:5612433774 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 1993 . Z001 L N,=",~"C- 'B~ $~L StaR 2. HOO1e A. HIlI) \ <-n:: 3. t.:g:.l Residen~o: City 4. Principal, Business Ad&ess: p. ()5~o;( 70Dh City --. " 13<<0 Q1>tM State t='L. E-bkW. Addre.o<: able Phooo: . Buoine:l. Phon", 1 U53'-..blf S~ 6. Ar.#;; you :a. .ce~(e.cedyrer'r l~ 7. rm~~.L ,,~ Jr!> '1 e . ~ fee. 9. ~.w.~ua1ificWoos: I q r3 (l) 7) .J P .' {Q;tlLdj- I'iSl , P.2'2 llIoot ()(--\ ?J-Dl RECEIVED SEP 1 32005 cnY CLE.RK UL ~~d Zlp COOe Zip Code 35ft]/ ~,-- 11.. . - c your ~cnt. ot tn6&i: ~~ euiplqy<>e. :o.ad posirion: . e,,~ / ~p.p r _ /2 . C. tlouvlllZ . I hereby ce<lifttho.(..n th" ~bOT" .12=1:5 = l:<\'e. and I ogrec and ul1d=und that UJ.Y D:>is.",remcnt of "",teO:.lla= cont:liaed in this ap{IliOltion au,y cause forfei(ll(e upon..my pm of UJ.Y 2.pp<>m.tzn.c:D.t I mAY ."ftL'dve. ~'.J-- . ~ WoE; SlG}lAnJ~ . DATE . Note Tbi:. applia>.(lo(\ ~UXClD"in 00 hi.. in the City C!ecll:s Office foe" peciod of 2 y= from. the .ate it w,.. . ) submi~ Ie -will.be t4e "pplic:l.lll'. responsibility to ensure' that a cuucnt appliCl.uoo is onJilc. ~~o..lllJt1 AHmericaCity "IIJ! 1993 2001 1/;)3!d1 CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLlCATIO~p ') 3 Z005 CITY CLERK OaRAYBEACH . .. . . . . ... ***** ~ ;y "'I n State /F Mtr Zip Code ~ Zip Code /1 I. Leg2l Residence: .5/lne as t Principal. Business Address: Aflq '. Home Phone: . 13usiness Phone: ~t/-~ (5fi&:U e City State q Code - - E-Mail Address: Cell Phone: Fax: .. '. '(!.' I. List all City Boards on which you are currendy serving or have previously served: (please include dates) t::! [1. T edge which qualify you to serve on this board: (please attach a brief resume) - 17 '.5- Irs Sher,.f-{!s Dff~ [ hereby certify that all the above statements are true, and I agree and understind that any misstatement of materW. facts :". ntained in this applicrtion may cause forfeiture upon my part of any apPOin. ;;;; inay r=.' e. '71L~l~dt~~ . . .... f cJ-I ctC1t!Nr- . -NAWRE' . . ./01>: / r '. . Note: nus application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted, It will be the applicant's responsibility to ensure that a current application is on file. . SlClTYU1'1tK\BOARD\A!'1'UCAllON ..J DBJtAY8EACH - " IIJ! 1993 2001 ,.,.-.. 'l~/y07 CITY OF DELRAY BEACH RECENED BOARD MEMBER APPLlCATIO~p \ 5 2005 CITY C\,.E.R\<. 1. State M.Ltz Zip Code 2 :t .. Sbtte 4. Principal BUsiness Address: City State Zip Code 5; Home .-phol'le: . ll'" /r-ij)"'bl 6, .. Fix:. 7. WJi?t 05'2- 8. list all City Boards on which you are.currently serving or have p, , "'. ). 9, - -110 rot employer.: an~sitiou: rq..~- ~"''C-v.-v4- stateti#tll;are ue,~I agree and under$tarid that":li!r"isst:a~""t oCmat@aIfaf:ts . ~d--_"_"""'JfP . ~ote: This appli<::iliOl1"-w1llremain on file.i!'l the CityUerk's Office for a periOd of2 years from the date it-w:is' . )"submitieq.1t-WiU be the applicant's responsibility to.et1sure that a current application is~~Pi>lXATION ..; -:f?J5..7U~ o>.r- ~u-t0-- iJZ L ~~c.t 'rrY&1 j{ 't~ $~f19 <t{S/,7--,,)JU,0-- ~ J C--\(; ~ ".JL Fie- ~I"-- 5e-W'4 r11- (l4..<>-ft..R , ~;tq.. 'Y- &~kj('c.('-ilkw-9~;!J- I~~ '-J-- ~~~ \r,L i).' iMt\~b -rt-tl "" - ~ b(S'D ~ ~ ~v ,-. L<ft~ .-jb 1 ~~-ft.-e. ~ (j'7, ~~lJl2- t,{} ~Q"7~ p1fc.'h~l '+-<7-~t!I~ (If'<.. ~\ ~A e-li-59, ?~l Q-.iJ..~(~ ~ ~ ;a- ~L lib'-/:.. ~ /r, 1 r9 / L1.f1 .~.~~~.G~~G~, r tJlt,(H~ .,+f, ~ I !C, 6 41-' kj. Ck-..'t Ck v;<:- C C- , 6-.5 r ~~ b4fl(~e.-. kJw-'ll . CI; QJfl-"\VL~ { C~. ~j ~ A~ '*( ~ I ~leJ'(,,,=-i(3M~ -IX" ~ Iil~ ~"- ~ ~r ~ '1~ - M1t<SrlUf;.J:, 'l4JJ~~.(J>M ~!( <'.6,(P _ ~~L it <lAfZ-f1Js6 n ~!'6' ~.i~'\-5 'r t4-~ -;i> ~ ~\~ 'f(~~~ r )2t~1(O~ ~VJ ~ A4t<!<o't-~<4-T9 5~'r4. +/:;" ~V-- J,ll, ~ ~A-.( Mr. -. -~ 'MK~ ~~!~ f'~/$Jl-G'- ~fg() ,-- /J-(S9 ~7~t.P (IrJre ~ 111t;~ ~,!-L{)~5 ~ZF-~ ---- filJ(~ r/~.:co ."--' ~ ~ ~dt~ q ~1tt-~ (;Ll~7- 1J.9- .2'A1fl3'Wf4--+-4\C-t1t :J'I?-'7~~~ r->lftqJ ~ J/~~~t;(fL;;-:p,J~d-_'l/f?~;~:_~":,~~~~ (0) ~e.... ::c. {J~~e-iP1y 1'0'b~ aJ-/T~ I} y^ ~/c!.- cJMJ r ..; :, 'it/i--era -)-~ tr C;Q;;Y (rQtdfc~J . ~t) t})~~ ~ ~~( ~ Q (~74-- ~ ':;p ~ ~t!tr-rv ~ . . l (tc ~ '~($.<;~ 1zt:r >>.t5., ~'0.~ / , ~ ~k;t{~ ~ F&tJ~ iJSf'"~ne;s l~ ~ ~estU-u. {L~', . P~d- ~u-c, :5 (ltt&e-- ~ ~t.D 0V4(j-f~~ ~ ~ r 6>10,,",01' fA. 1. fl..J./ P-fl ~LL.-,46-0 ,Xl. ' . . ~(JLCA~9~{(t 1.. 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'fiH$.th'N, ~~t-~O. ~~<it.15'-~~ . ... t..r):;rhuo(() )R.u-/~~~H-tc..t/&-lS>~fJf'~'j t4.0.~. 0-.0-tV:..J. a?(.; ~t:&'f-~ (}>>-lO'-1/..c:., .- j71r fl ( . 'Nyr-!- f"-~\YtJ~ ~~e-c;::,~ ~tt,(~~ 1t~ 9~ ?1f~Lt& 60k'( .--- ULrHN-~ . ~:. ltLttkUa\J.t!l ~tLvrv - ~~.., L~11-f~ {~~~ 51 Ja..r ~~ ~ U>--J/J C (41LS(. ) tf0t) .' ') ~Ij\~: rU.1>L\1-f~..::r:::b ~"'lXj^~' r~ l,-. S- . . c~ l-U..l.cLl(c.... ,- (g- ~ <0-<<-k ").. L'~ .'}..... .~ Jlt:Ml ~6~L - W le-k.\..LU.u:LU-e.- ...,. 7 -'I- p~W--- "jr- .. IIJ- go ~ ) I.IU..KA.T .U:A.l:.H . .. . . . . ... f/lr07 ***** m~ 'lease type or print the 0 o~ 1n Ottrull1on: . . Last Name: ;(05 e 17 Name A/e d M~ ~ Home Address: City . Scite Zip Code "733 &'rFr/J.?lYdJ'/bl/V" ' ;;Je//^.;y.!e;;c-! . R J:3 }lYF .. Legal Residence: City State Zip Code .? ;;J/IN' L Principal Business Address: A//4 City State Zip Code I .. Home Phone: . 13usiness Phone: . E-Mail Address: Cell Phone: Fax: -I/~O 'l- /rtJ.f:;e~1' ~A. /Jedc Od4@k/I>~/J rl~(' I 'Jo.r.70-9/9t! - . .. AIe you a registered voter? yC'} If so, where are you registered? A . It.c::; . '/(l-j);; 't' '" , . What Bo:u:d(s) are you interested in serving?Please lis.! in order of preference: Fo/ ce Adf/;hr:;t 13Pilrd I. List all City Boards on which you are currendy serving or have previously served: (Please include dates) . ~erV'e)CI'tl "";::: /Jo/&,",i!Pf FL - f{/~d 5vce.AdYl5vry./lt1iJrdj firiJ'i"d6hruJ. /~/}'.7hy.n -,: Educational qualifications: f1;; u71"df' / . f~>~ 'cY ~ -e lO. List any related professiorud certifications and licenses which you hold: I'/e;ur .5ee ;;1!Nh / l1. Give yow; present, or most recent eniployer, and position: . .. . fiefup I l2. Describe experiences, skills or knowledge'which qualify you to serve on this boW:!: (please attach a brief resume) f7!e;u't' ;dli??'hJ . . 5ee [ hereby certify that all the above statements are true, and I agree ahd understand that any misstatement of material facts :on~ ~ may cause forfeiture upon my part of any appotntment I may receive. . . . ozi:.'AIJtJF ilGNAlURE. . DATE. foU CITY OF DELRAY BEACH r:::\\I€'O . .a.f.:. C t- BOARD MEMBER APPLICATION 1'i's'i'sS (le.\ - fl crt'{ c\..rc.~~ I .' . 1993 2001 - fo .lte: This application will remain on file in the'City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SlCfiYQ..l!U:.\BOAItD\AI'PUCATION Dr. Ned Rosen Cell Phone: 305-962-9780 Temporary Home Phone: 561-638-1405 e-mail: nedcoach@bellsouth.net Ned is a retired industriaVorganizational 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 internal 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 international 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 induded the Dun & Bradstreet Corporation, Xerox, IBM. GTE, General Electric, Coopers & Lybrand (UK). The Digital Equipment Corporation, The International Monetary Fund, Citicorp, Lederle 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 world 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 Cornell. 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, induding 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. J.t:.V J.....va...J J......""KJ '''Il..Jl'Int,.l.Jl.JUU rMUil'f ..::JnUr "7 -'OJ. .c::.........J r.c::.c::J. 1'tU. .:;:l'c::~ rt:IVc:: ,9:1 )0'1 RECEIVED DEe 1 4 2005 CITYOFDELRAVBMCH C I "f.'V .~.! r:m< I .. 1: l,i{...~~ 'OQD MEMBER APPLIcATION //;-/;1/67 ~ ,,~t! Please 1. Last 2. r rinuhe foil ' infQ~oo: 3. . So..ehs s: g/ 5 , dence: M.I. Ye.- Pafh City . State 'J3re ~L City . State Zip Code City Stare Zip Code J:x.lray J3eafh - . FL 33~ljt.j Business Address: </l!J Sf, 5. H ne: Business Ph6ne: B-M9il Address: CeIllPhone: . .i;; F2X: 5(,/) 2':1&.:.g9tXJ marialorhAc.JI5f)ya/.aJ. /11 ' ' 5&J)::2':;(",-'lOIO a registered voter? Yes' If so, wheTe are you ~e:red? Palm 13eaeh ud(s) ..., you interested in ~ Please tist in otda: of p<cfaenceo 8. List 'ce visory l3a:z-,... Bouds on which you ~ c:or=dy sctviog ox line p<eviouslyoerved: '~Iease include dates) 1 At. 9. 145. ~ Note: lication will <emain 04 file in the City Qedr:s Office for a ~ of2 yeats,from the dare it was . It will be the applicant's responsibility ro = tba1: a O1rre!it applicatiOn is on file. f'~"l'1OIl' I I ! i , 1993 2001 loft q!1rJ CITY OF DELRAY BEAC~ECEIVED BOARD MEMBER APPLlCA"AtiN It Z005 CITY CLERK . ItAYBfACH Please or rint the foil infoonation: 1. Last Name: S#~'Y 4V 2 HolJlf' .\drlJ1:ss: /11.1/-1 L ov 6- : r () /C71J :t. 5,3 3. Legal Residence: o cf~6~ &t..-. ~. 4. Prindpal Business Address: -# 3 4.,.6~ Y€.. M.t 7?J...... ~ State FL- State P-L State Zip Code "'~ Zip Code Y.Cf.j- Zip Code 5. Home Phone: Business Phone: E-Mail Address: l,{Ae e.~Q ~ ~ ~f, 6. .\re you a registered voted 7. ~hat Fax: ..rZ I J/rr-./7<JjC 3. List,," City Boards on which you are currently setVing or have previously served: (please include dares) ~ , ../ )~ dUional~~tions: ;f !~~~)) ~'\.k Ie. ~aA-~ ...P aF/...~ . GI>j .0. List any related professional cc:rtific 13~ ff"J. ~ Tn~ ~. 'r.NATI;RE all the above statements are true, and I agree and understand that any misstatement of material fa~1S lication may cause forfeiture upon my part of MY appoinllnent ~ receive. 10 }2-/lJ5 DATE lore: TIlis application will remain on file in the City Clerk's Office for a period of2 years from dle date it was submitted. It will be the applicant's responsibility to ensure that a current appliCJltion is on file. SrnYCl.RRK ROARDAPPlJr".A1'1ON oj ) ) 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/l989 Homeowner Current Emplovment: Self-employed, Senior Loan Consultant, Sterling Equity & Asset, 98 N. E. Fifth Ave., Delray Beach, Florida Prior Florida Exoerience: Licensed Realtor, RE!MAX 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 Emplovment: 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. . ) . Kathleen Shackman P. O. Box 7253 DeIray Beach, FL 33482 561.504.1807 shackmanm@bellsouth.net . I ;r_ r,'1 n ,1'1 R ..~,,' , j I. _,;~ ;:._..::~~"_J-S~! ~ l.j rut OCT I 4 2005 IL~j L-.,._~~_ _,_. ...i '.c_~, 1 f''\l7'\( r :"",';P"_ '-~',,~ .-...... 1 ~..~}J.-L~~=\DV!llJi~~~t~xi j , October 13, 2005 City of Deiray Beach City Commission lOON. W.FirstAve. 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. 1 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. ~ . ) -.I I 1993 2001 CITY OF DELRAY BEACH / ~~1 f7 SOARD MEMBER APPLlCAT~EIVED DEe 1 4 2005 .2 information: ~ 1. 3. State Zip Code 4. Principal Business Address: M City State Zip Code $t/- 6. Are you a registered voteri' ya 7. oard(s) ate you interested in . . "G / c. C t//JI1te.: oJlb Business Pone: ~0 E-Mail Address: Cell Phone: Fax: //11,) /la/;) ell If so, where are you registered? .t? C U.,Q Please list in order of preference:. 5. Home Phone: 8. List . B n which you ate currently serving or have previously served: (please include dares) C> ) 9. Educatiooal qualifications: 10. List any rdated professional certifications and licenses which you hold: -- U ote: This application will remain on me 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'CIlYClJlllj:\80AlD\APPUCATION OURAY BEACH ~. U, IGaClty , , II J! 1993 2001 or . riot the followin information: CITY OF DELRAY BEACW-CEIVED BOARD MEMBER APPLlCAifdPf'J,1 2005 CITY C ER - /iJ 0"7 M.L J). Zip Code '3 '34 <i?3 Zip Code Nam'ea ro I Ci :Dc.1 ra Beach City State Please 1. Last N~t0 J N &J f2 N 2 Home Address: f) I I ~C:>OO :So Occa.n DIva. y. 2- 3. Legal Residence: ( _ s~ as G-~ State 4. Principal Business Address: n/fA City State Zip Code Business Phone: 'V1jo.. '1~5 E-Mail Address: Cell Phone: b\rd~~ IC>~. 2'-1' 0<<6 I - eoJ:(:. '2-0 If so, where are you registered? FaX: 5. Home Phone: Sc..l. ^~~. IS 6. Are you a registered voter? s- PBa.,)R 7. What Board(s) are you interested in serving? Please list in order of preference: Po l;cc.. Ad viso-r 8E) a v-d 8. List all City Boards on which you are currendy serving or have previOUsly served: (please include dates) ) 9. EQuqtional Q~alificatiolL" Numerous dasses in community-oriented justice, social work and - cnmlnal justice aamlnistration; college coursework in criminal law at No. VA Community College; six-month course in facilitating communication aUnstitute for.Adltaocement of Service. Alex., VA; BA,!Jrsinus College. PA / 10. LIst any related protesstonal <;ertt cations and licenses which you hold: V\ 01. u. s11 a I'k.S 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (p1easeattach a brief resume) Substantial personaVprofessional experience with a tourist-laden, historic community that is diverse culturally and economically; with assisting inolViduals who are involved in the criminal justice system; and with COOrdinating the sometimes adversarial demands of public opinion and theco~ (~e >"C.~c.JVV<--<- '\ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ~. . Ii' n;:; cause forfeiture upon my part of any appointment I may receive. ". /O-8'-OS- SIGNA . ""DATE . Note: This 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'OTYa.ElUC\BOAItD\APPUCAllON CAROL DITZLER SWlNBURN 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 fur and obtained State funding to support operation of ACJS. . Established the office and administered its annua1 haIf-mil1ion 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 eofurcementofficials, public and private mental health and social work professionals, non-profit org:mi7"tions, adyocacy groups and business people. 1997-2004 City Professional, Alexandria Community Criminal Justice Board, Alexandria, Virginia Managed the activities of the Conununity 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 ofboth state probation offices, as well as representatives of City Council, local education, non-profits, the business community, and citizen members. J 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 Acting 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 annual City funding for the program, and in creating supportive conununity fundraising events. . Conducted classes fur women still in the jail on gender issues, nutrition, jouma1-keeping, and other lifeskiUs-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 yolunteer. Co-fucilitated weekly support group for parents of residents. .'\ . . 1994-1995 Campaign Executive, Alexandria United Way Alexandria, Virginia Provided management, organ;""tional 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 chetS, health care professionals, attorneys and a public relations firm. Taught, demonstrated and lectured on healthy cooking, including information on food, nutrition and lifustyle modification. . Trained and motivated class groups of diverse ages and lifestyles. . Created, wrote, published, publicized, matketed and distributed a cookbook, Recipes from The Healthy Gourmet Cooking Classes, based on 2Vt 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 tnission of educating the public about cancer. Gave speeches to community groups, manned health fuir booths, and attended monthly meetings 1974-1991 Homemaker and Mother, Alexandria, VA and Chadds Ford, PA Raised two daughters and ran family household, while participating in school and community activities, such as Parent Teacher organi=tion boards, Annual Fair and Art Sale (chaired Chadds Ford's event three years), Junior Friends oftbe Alexandria Community Y, Friends of Alexandria Hospital,. Girl Scouts, and various political events and campaigns. J 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 Govenunental Affuirs Office, U.S. Railway Association. 1997 Woman of the Year, Alexandria (VA) Commission on Women Honored fur my work with Women's Empowerment Program. 2005 Included in Who's Who of American Women 'I * * ... "It * /I/I(IYI '<f~ o CITY OF DELRAY BEACH 0 4'oj- 0/.;. BOARD MEMBER APPLlCATIOtf'J- '1 ~ ~<) O( ~ $'1>1- 'OB.RAY BEACH .-. . . , . .. AI . .....QIy " II J! 1993 2001 ) Please tvoe or orint the following information: . 1. Last Name: . Name MI. WElL SHELLY 2. Home Address: City State Z~ Code N Q?~ GREENSWARD LANE DELRAY BEACH FL 3 445 3. Legal ReSidence: City State Zip Code SAME AS ABOVE 4. Principal Business Address: City State Zip Code N/A 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 496-0549 N/A k2bs@aol.com 573-9355 496-3867 6. lue you a registered voter? If so, where are you registered? YES DELRAY BEACH, FL 7. What Boarrl(R\ are }:on interested in serving? Please list in order of preference: --.- POLICE ADVISORY BOARD 8. List all City Boards on which you are cuaendy serving or have previously served: (please include dates) .) SEE ATrAaIED 9. Educat;ional qualifications: . ~B.A. PSYCHOLOGY/SOCIOLOGY 10. List any related professional certifications and licenses which you hold: FEDERAL ExIDIl!l. CLASS RADIO LICENSE 11. Give your present, or most recent employer, and position: RETIRE11'':MTSS aIOmLATE COMPANY 12. Descnbe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) SEE ATTACHED . 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. ~-- ~~ SIGNATURE DA'IE . fote: 1bis 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'CITYct.ERKIBOARD\AP!'L1CATDN 8. List all City Boards on which you are currently serving or have previously served: ) Chairman of the Delray Neighborhood Advisory Council 2003-2004 Old School Square Cultural Board 2001-2003 Executive Board Village Academy School 2000-2002 Chairman of the Delray Education Board 1997-1998 Chairman "Delray Kindness Week" 1995-2005 Executive Board Gulfstream Council, Boy Scouts of America 2001 All American City Committee 12. Describe experiences, skiUs or knowledge which qualify you to serve on this board: . I believe I can be of great value to the new Police Advisory Board due to my past and present involvement with youths and adults of diverse backgrounds. As the founder and CEO of my fundraising company in New York for 35 years, I have worked with many organizations, in inner cities and suburbs. After retiring to Florida full time eleven year ago I established excellent relationships with all of our public and private schools and many top business leaders through personally recruiting them to serve as "Principals For a Day" while .. ) serving as Chairman of our Education Board. Having served as National Chairman of our Israeli Scout Program for the past thirty years, I have established close ties with our synagogues, churches and other special groups in Dekay. For these and many other reasons I feel I can best serve our community with understanding, compassion, and fairness to bring us even closer together. ) RESUME SHELLY WElL ) I would like to be considered for a position on the Police Advisory Board because I feel that my extensiye city involvement and my leadership roles in many other organizations will serve our community well and contribute to its future. CIVIC AND NATIONAL SERVICE 2003-2004 2003-2005 2001-2003 2000-2002 1995-2004 1998-2002 1986-2004 1996 1997-1998 1996-2004 1995-2005 1992-1998 1986-2004 1992-2004 1992-1998 1998-2003 1986-1994 ) Chairman of the Delrny Neighborhood Advisory Council Old School Square Cultural Board Executive Board Village Academy School Chairman of the Delrny Education Board Chairman Israeli Boy and Girl Scout Federation State of Florida Liason to Carver Middle School and Heritage Academy Delray Amateur Radio Emergency Hurricane Disaster Network Chairman Gathering of Eagles Association, South Florida Chairman "Delray Kindness Week" Member P.Ro.D. (progressive Residents of Del ray) Executive Board Gulfstream Council, Boy Scouts of America Chairman National Jewish Committee, Boy Scouts of America Member of the National Jewish Committee on Scouting Member National Standing Relationships Committee, BSA Member National Relationships Committee, BSA Board of Regents, National Eagle Scout Association . North American Chairman of Israeli Boy and Girl Scout Federation HAMLET SERVICE 2005 2003-2004 2003-2004 1998-2001 1999-2001 1999-2001 1999-2005 1994-2005 1997-2005 1998-1999 1995-1999 1998-2004 1996-1997 1996 ) J 1994-2004 1995 1993-1995 1993-1995 1989-1994 President Hamlet Residents Association, Inc. Vice President Hamlet Residents Association, Inc. HRA Long Range Planning Committee Member of the Board of Governors, Hamlet Country Club Second Vice President, Hamlet Country Club Membership Chairman, Hamlet Country Club Member of the Hamlet Residents Association, Inc. Chairman Property Review Committee, Hamlet Country Club Public Relations Chair, Hamlet Residents Association, Inc. Responsible for Cable TV program for entire community Chairman Tennis Committee, Hamlet Country Club member of the Fitness Committee, Hamlet Country Club Organizer of Hamlet (C.E.R.T.) Community Emergency Response Team Responsible for Two Defribrilators currently used at the club Co Chair HRA Security Chairman Charity Day, Organize a 96 member committee to benefit United Way, Hamlet Country Club Camp Hamlet Committee, Hantlet Country Club Nominating committee, Hamlet Country Club Membership Committee, Hantlet Country Club President Fox Hollow Homeowners Association Fox Hollow representative to HRA Shelly Weil, although retired from business, continues to serve others as a volunteer: presently serving as Chairman of the Delray Beach Education Board, a member of the Executive Board of the Gulf Stream Council and a member of the National Relationships Committee of the Boy Scouts of America. He has served Delray Beach as Chairman of Kindness. Week, a. member of the Millennium Committee. and a member of the All American City Steering Committee who traveled to Atlanta to watch Delray win the award for the second time! As a resident of the Hamlet Country Club, he has served on many committees of the Hamlet Residents Association Board for seven years and as a member of the Board of Governors for three years, serving as its Vice President, Membership Chainnan and United Way Charity Day Chairman. . Shelly is a sixty-year veteran of Scouting since the age of nine. He received as a youth his Eagle Scout, Explorer Ranger, and Explorer Silver Award in 1950. As an adult, he received the Silver Beaver Award for service to youth on a council level, the Silver Antelope for service to youth on a regional level, and the Distinguished Eagle Scout Award for attaining eminence and fame in his field of endeavor. He is currently serving as a member of the Board of Regents of the National Eagle Scout Association. During his years as an adult volunteer he has held many leadership positions, including Cubmaster, Scoutmaster, Explorer Post Advisor and many council positions including District Chainnan, Council Vice President and numerous national positions . . including serving as Chairman of the National Jewish Committee for five years. Shelly served as leader of the New York Metro-Area Philmont contingent as well as Scoutmaster of the Northeast Region Bicentennial Troop 13 consisting of 35 Eagle Scouts camping at the Lincoln Memorial in Washington, D.C. He organized and chaired the Arthur . R. Eldred "first Eagle Scout" Chapter of the National Eagle Scout Association. While iil the military, he served as Scoutmaster of the base Scout Troop 34. Over the past 36 years, Shelly has staffed the last 8 consecutive National Jamborees and the last 7 consecutive World Jamborees in Japan, USA, Canada, Norway, Australia, Korea, Holland and Chile and is looking fOlWard to serving on staff at his 8th World Jamboree in Thailand this coming December/January. As founder and CEO of Miss Chocolate Cornpany, Shelly worked with non-profrt organizations for fund raising purposes. His hobbies include marathon running and recently completed the Disney World 26.2 mile marathon on January 6, 2002 at the age of 69. His last previous marathon was 20 years ago. He also loves amateur radio contacting Scouts and Scouters all over the world on a regular basis including participating in Scouting's largest annual event, the Jamboree on the Air. Shelly is a father of two, Eagle Scout son Gary and daughter Dore who is a physical therapist in New York, He is a grandfather to two beautiful girls. Shelly and his wife Cathy along with their yellow labrador love Delray Beach, Palm Beach County, and Florida. I ..0' ) Shelly Weil .. "." . ..-" .arll..f c!itti 'Jjlfi ~. C5armn Cllltg. NtlU 1I0rk ~ l!IiurJllloU. JWlr 22. 1909 1I09r-17 leldon Weil Receives Distinguished Eagle Award Vhen Nassau Couunty Council of the BOy uts honored over 60 Scouts wbo haye . ~-td Scoutings highest rank. the class was ) the "sheldon Weil1989 class of la' he annual diiiner honoring the new dass agl<:swas held at the Merchant Marine demy In Kings Point, June 7, 1989, tnly two percent of all 'Scouts achieve Ie. In addition to.eaming n merit badges,. 1 Scoutmustdemonstrateunusualleader- , skills. 1 contrast to ournewEagles, the National 01: of Hooor of the Boy Scouts of America rded Its Distinguished Eagle ScoutAward . leldon Wdl. This award was established ~ to recognize past Eagles who haye . ingulshed themselyes In their careers or ~blic service. Orily Indlyiduals who haye 1ved the rank of Eagle at least 25 years rare eligible. "Shelly" Is only the third in ;au history to recelye this coveted award. lelly began his scouting career I.n lklyn oyer 47 years ago. He receiyed his e award at Madison Square Garden in , York Oty i!l1950, e bas served many years in Scouting as and'Leader in such positions as Cub. tet; Scoutmaster. Commissionet; District Irman, Council Vice-President and ')1l and National Committees. ;.,.itobby of amateur radio sparked as a It bv his interest In Signaling. led to many s oflocal. national and world-wide ser. during simulated and actual emergen- and disasters. He helped hundreds of 19sters earn their amateur radio license _ Sheldon Weil and also helped adults through adult educa- tion courses. Shdly served as State Training Officer of the military affiliated radio system. He Is a four-time past President of the Long Island DXAssodation, member of the Long Island Mobile Amateur Radio Association, . Quarter Century WIreless dub and currendy . serves as Vice Director of the Hudson Diyi- sion of the Amateur Radio Relay League, For many years he would meet military radio station, "WA.R:' at 6:00 a.m. and 4<:- j cept 25"50 messages daily via international morse code and each evening thatsame day . relay them via teletype from his home to their . final destination throughout New YorkState, These were primarily messages from service- . men aroung the world. His keen radio interest has been returned to Scouting through his partidpation as a top communclator and instructor at the last fiye . National and fiye World Jamborees, during the past 20 years in such places as Japan, . Canada, Norway and Austr.llia. As the holder of the highest grade amateur extra dass license, he Is known world-wide as "K28S': He never goes on yacation without his radio. His most recent yenture was aboard the Pacific PrincessLove Boat operating from the top Sundeck. . As the President and C.E,O. of Miss Chocolate, Ine. of Garden City, shelly Is a pioneer in the fund-raising business for the . last 25 years helping thousands of school. churches, synagogues, Scouts, Little Leagues, and many other organizatiuns raise millions' of dollars throughout the country. Hisabiliry to train and motivate both young and old, . yolunteer and businessman, and his distin.. guished business career truly exemplify the Eagle spirit of leadership and service. Congratulations to a distinguished Eagle, sheldon Weil. Don't Miss Issues Of Garden City Life Subscribe Today! See application on-page 2 -.'1 " ) ) .j THE 1989 SHELDON WElL CLASS OF EAGLE SCOUTS Sheldon weil is president and founder of Miss Chocolate, Inc. of Garden city, New York. As a pioneer in the fund raising industry for the past 22 years, Shelly has helped thousands of non-profit organizations raise mil- lions of dollars necessary to carry out their programs for youth. Sqelly has focused most of his busi- ness efforts in the inner-city areas of New York working with not for profit agencies, schools, churches and synagogues developing methods for ':'"",,'" these groups to provide adequate fund- ,,',':' ''', /', {:~\~l~~;if~~ ing. He has been a guest lecturer ,"'<~""'.'!il'I",,, throughout the metropolitan area on' fund raising. Through seminars he has built a reputation of a well- known authority on utilizing fund raising to meet budgetary needs. He is the recipient of numerous citations and commendations from the City of New York, the New York School System Chancellors office as well as the many organizations that have benefitted from his exper- tise. Much of his spare time is spent in service to the community and country through amateur radio communications during simulated and real emergencies. These include: Vice Director Hudson Division American Radio Relay League; State Training Office, New York State Military Affiliated Radio System; Organized New York state Emergency Disaster program; Staff of Armed Forces Day Radio Services; Instruc- tor Amateur Radio Adult Education; Long Island "D.X.", Association; Lang Island Mobile Amateur Radio Association; Quarter Century Wire- less Club. Shelly's 47 years of service to Scouting has truly been exceptional. His Eagle badge was awarded on June 6, 1950 at Madison Square Gar- den. As an adult he served in many positions including: Organizer, Scoutmaster and Cubmaster of Pack 148, Elmont,NY; Roundtable Com- missioner; District Chairman; Organizer and Chairman,Arthur R. Eldred Chapter, N.E.S.A., recruiting over 50 Eagle Scouts to N.E.S.A.; Philmont contingent Leader Greater New York; Scoutmaster Northeast Region Bicentennial Eagle Troop; Vice President Nassau County Council; Life Member N.E.S.A.; Staff the last five National Jamborees; Staff the last five World Jamborees; Region Coordinator Annual Boy Scout Jamboree On The Air (J.O.T.A); Assistant, Course Director - Wood Badge; Chairman Nassau County Jewish Committee; Chairman and Organizer of The International Israel Boy & Girl Scout federation annual visit to the U.S.A.; Nassau County Sagamore Ser- vice Troop; Executive Committee N.E. Region Jewish Committee; National Jewish Committee - Chairman of National Meeting in Israel, 1990. Ulll U I zuua TUli 10: JO MA IgjUUUUUZ SEP. 9.20a5 8:32AM CITY OF DELRAY BEACH NO. 944 P.l/l- P~X"~ ~ ;fifi! 1993 2001 CI'TY OF DELRAY BEACH,. BOARD MEMBER APPLlCATIO ECE1VED DEe 14 2005 ITY CLER~ #J I!bJ info=-tiou: 5. Home POOl=. Business Phooe: (,1- 1179- (,137 5l,1-4/J- Y/:l E-MAil Add:css: /lNJEY.:nlJE155 ~ MoL 1, 2. :# 3. - 4. P.dndpollluau.c,s Add:eo.: City Zip Code -- - 6. Are yo\> a regi.taed vatai' If so, whete lite you registered? f3 7. Wh.. BOjlt'(\(s) are youimuosto<i In.~ Please list in mda ofpreteren= 8. Lls1: aU 0'1 Boltds 0J1 which )'0\1 ate =dy =ving Ol: have prevjously served: (ple;ase lnchio:le 'I<C$) 9. Edua(dW13l 'I',oli<l""uon.s: , 10. list ~ related .fUOfe&siona1 cations lltId licenses whic4 you hold: - 11. . Give your presenf, or ZIlOSt reecrlt employer, llrId positi=: c1P~ trnsamu ~//IIh~ - ~ ~ 1 ge hieh qualify you /0 0J1 this J>olltd; (PI..... atw:h . 'lI .") om: This application will re:m2ln on file in the. City Clerk's Office for a period of 2 yo"" sl1bmittcd. It will!>e the npplicant's responsibiliry IX> ensure tb1li: .. cuu= appllca.tlop. ~~~ the date it Will On tile. :QX\IIClAJtZM)nJl:A.1'JOtf . ~ . . " DEUAY BEACH ~ . A IwCily , ~ II I! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 10//7/07 RECEIVED OCT 1 7 2005 c :"'; ";. ~~.~_:~~'," ~~( Please or rint the folio 1. LastName: W'...J~ 2. Home Address: 1St'? JJ. 5w~ A 3. Legal Residence: "'S4fY'l!i: 4. Principal Business Address: information; Name~o City ~~~ City M.L 5 Srnte Zip Code Fe State Zip Code Srnte Zip Code ..)..15 IV. 1;.. M- l'b<-+lL -=r,. LVo iP- s. Home Phone: Business Phone: 5(.f -;)-'1<.r 19:J 1 56/--l.({"7- 6. Are you a ~tered voter? ~<; ,y, ~ <Jt;, 7. What Board s) are you interested in serving? Please list in order of prefer~ . . . ~c.&- .to./1S~'?oa1.o C &J ~ "l,r.t.r.nro-b City '?x:>u. 7Pro-f R.- ~3.J- Fax: E-Mail Address: 'l;"-'''J~>@~I. Cell Phone: 3'-l1-'B 1'1- Y.J..oo If so, where are you registered? 8. list .n City Boards on which you are currently serving or have previously served: (please include dates) .I'-' :.0. ) 9. Educational qualifications: ,', ~~':> t:r- 9:-t&-<t-f' LG4 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: . C,u>A.tFt fJ. 7 _ I CE::o 12. Descn'beexperiences, skills or know4:dge which qualify you to serve on this board: (please attach a brief resume) I..:>d'\. oL 9= ~.....~ ..L-\i'iW~,9o.J'.<>L ~1CJ?; 'F1O.Y1S wf7lll ?~v:s ~c..;~f'l.-lG\6JY1S. - LAVF.J) W ~ bA l.zJ; ~ ct- SQ,.J ~ CA J-~Yd\.C. .lV:>-W~ fi;J(pU';f;O 12> ~IIIE /"lLt:n~w 1lrJ~. : I hereby certify that all the above smtements are true, and I agree and understand that any JDissmtement of materiai facts conmined in this ap lication may cause forfeiture upon my part of any appointment I may receive. SIGN {,p/I'-/Ia<; DATE Note: 1bis application will remain on file in ilie City Oerk's Office fur 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'CITYCLEIOOBOARl'MPPT1ON . , ! MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER 071 AGENDA ITEM # o..i"\ - REGULAR MEETING OF JANUARY 17 2006 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION FROM: SUBJECT: DATE: JANUARY 13, 2006 The term for Ms. Lorraine Kasper will expire on January 29, 2006. Ms. Kasper will have served one (1) full term, is eligible and would like to be considered for reappointment. Pursuant to Section 35.032 (A) (1) (a) of the City Code of Ordinances; the Commission shall be composed of three members and one alternate to be appointed by the City Commission. Members of the local Commission established pursuant to this division shall be appointed so that the composition of the local Commission is as follows: One appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employers; one appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified as representative of employers or of employees or employee organizations. Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office. The appointee need not be a resident of the City of Ddray Beach. The following individuals have submitted applications and would like to be considered for appointment: Elaine Calabrese Edward Desmond Gerald Franciosa (also applying for the Code Enforcement Board, the Police and Fire Board of Trustees and the Nuisance Abatement Board) Lorraine Kasper (Incumbent) A check to confirm that all are registered voters was completed. All are registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3) for a regular member to serve a four (4) year term ending January 29, 2010. Recommend appointment of one (1) regular member to the Public Employees Relations Commission for a four (4) year term ending January 29, 2010. 09/05 PUBLIC EMPLOYEES RELATIONS COMMISSION (pERC - 4 Year Term) TERM MEMBER.'> CLASSIFICATION OCCUPATION TELEPHONE EXPIRES REPRESENTING 03/13/2008 Sidney Grossman Employee Retired/Law Home: 495-2487 Unexp Appt 04/05/05 6269 Pointe Regal Circle Enforcement Cell: 699-2446 #302 Delray Beach, FL 33484 01/29/2006 Lorraine Kasper Employer Retired/Educator Home: 750-0609 Appt 02/05/02 4641 NW 5'" Lane Boca Raton, FL 33431 06/30/2006 Dinah Stephenson Neutral Member Real Estate Home: 637-5955 Appt OS/21/02 reg 4785 Tree Fern Drive Office: 369-3757 Appt 02/19/02 unexp alt Delray Beach, FL 33445 Law: 417-7111 Cell: 441-5554 731-0231 ALTERNATE 06/30/2006 Edward Desmond Neutral Member Retail/Business Home: 496-3596 Appt05/21/02 5473 Grande Palm Circle Owner Office: 243-6288 Delray Beach, FL 33484 Cell: 445-9322 GENERAL COUNSEL Secy: Jeanne 1. Jeffrey Pheterson, Esq. Office: 394-2700 Newman Buckingham, Doolittle & Fax: 394-6775 Appointed by PERC Burroughs, LLP, 09/13/91 5355 Town Center Road, Suite 900 Boca Raton, FL 33486 Contact: Venice Cobb 243-7056 s/Gty Cie<k/1loatd 04/PERC OElRAY BEACH . l <) . t .. .. ~ , , III! 1993 2001 1-J.9-o6 C}e(1) CO.J - Vel-; rcc CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION information: ~ NEL .Qty pe.lr< City fnJe M.L 2. 3. 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Addre~: n Cell Phone:<.?t, I Fax": gtfJ-g43~ 11::;~~~ ~ 8D'1-QL/! ~ 6. Are you a registered voter? 'IE> If so, where are you registered? !lL//J? 72etLc.h 7. What BoarQ(s) j10lje you interested in seoving? Plea'f list in order of p,refe ence: I? ~ i I. I I I -S.e VI e. e>o-l"'"Ot . . n~-n . 8, List all City Boards on which you are Currendy serving or have previouslyse!:Ved: (please include dates) 9. I . e!/JII)e../.:?t 'fy - Ket-rIPe! I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facrs con' . t!lls ap~li"n m se ~e upon my part of any appointmenr I may receive. '/--;' ~. p - . t/d.2 /O~ ATURE DATE I ' Note: This application will remain on me in the City Clerk's Office 0 years from the date it was submitted. It will be the applicant's responsibility to ensure that a currJin,t; "RRIi~ation is on me. J U L l:l zuU't S'CITYCLERK\BOARDIAPPUCATIDN .)rn I ph CITY CLERK Elai. P. Cala"rue Z80 :ilaJUlers :; Delral] Beadl, 11. 33484 PhfJfte: 561 ~B65-8635tJHail:laiftefJtl oo@afJl.tfJlft BemU Objective: To serve the City of Del ray Beach iiI establishing viable labor/management relations. April 1977 - June 2000: New Jersev City University __ 2039 Kennedy Blvd. Jersey City. NJ 07302 Principal Clerk-Typist - History and Women's Studies Duties included all types of secretarial work, i.e. answering phones, computer skills; filing, correspondence; expertise in maintaining inventory and office equipment; liaison between faculty and students, supervising a number of student employees. Union Activities: Communications Workers of America, Local 1031, Branch President at New Jersey City University 1979-1983; Shop Steward 1983-1998. Special Training: Affirmative Action Training sponsored by the State ofNJ _ 1980 Civil Services Rules and Regulations for NJ sponsored jointly by the State ofNJ and CW A Local 1031- 1981 Certifications and Awards: Affirmative Action Training - 1990 Customer Service Training - 1998 Honorary Alumna - 1980 Employees Suggestion Award -1980 CW A Certificate of Appreciation - 1988 oRRAv BEAGH ~ tl1f. 1'~93 2001 , d..-\ delO"1 RECEIVED CITY OF DELRAY BEACtfJEC 202005 BOARD MEMBER APPLlCAI~LERK 2. e~~/-e Ml.C 1. 3. Satte Zip Code 4. City Satre Zip Code S. Home Phone: Business Phone: E-Mail Address: Cell Phone: lI- t''1'S - 7'5 .:1.2. Fax: '(,1-"1'1(, -~3? 3 6. Are you a registered voter? If so, where are you registered~ /. ~ ~a~ 7. What Board(s) you int~rested in serving? Please . J.!}or et of pre~ence: . I. It ,;:oe.. ~<;; 7tTrI (> U[j/V#JtS:5t' CJ Y.J ~<UJ. ~ 8. list all City Boards on which you are currently serving or have previously served: (please include dates) E 9. Educational qWllifications: 10. List any related professional certifications and licenses which you hold: (}/'&~ /;-e hl'lJli/u (}O#/)6'dn(J#...5 - f}.;cIO/'~ 11. ive your present, or most recent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resulne) p,{,qSI!" 3<pp q: 'RdLf!f'd I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ~ in .~~e upon my part of any appointment I may receive. . . ~~ /~#~ ftS- GNATURE 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'CITYCf..ERK\BOARD\APPUCA1l0N un 27 03 01:57f' f'.3 EDWARD C. DESMOND 5473 Grande Palm Circle Delray Beach, Florida 33484 (561) 496-3596 1999 - Present 1996 - 1998 J 989 - 1995 1981 - 1989 1977 -= 1983 1972 - 1977 1965 - 1972 1964-1965 1959 - 1960 1957 - 1959 1955 - 1957 1954-1955 PROFESSIONAL EXPERIENCE CARDINAL FURNmJRE, L.L.C., Dekay Beach, Florida Owner C.T.P. FURNITURE, Stratford, Connecticut Vice President - School Division DMS ASSOCIATES, Fairfield County, Connecticut Management Service Consultant TOWN OF WILTON, Connecticut First Selectman (Elected Office) WILTON PUBLIC SCHOOLS, Wilton, Cormecticut Director of Management Services WESTPORT SCHOOLS, Westport, Connecticut Comptroller DANBURY PUBLIC SCHOOLS, Danbury, Connecticut Assistant to Superintendent/or Business/Finance SOUTII SCHOOL, New Canaan, Connecticut Teacher PL YMOUTIf STATE COLLEGE, Plymouth, New Hampshire Principal 0/ K-8 Laboratory School, and Director of Student Teaching Supervising Teacher CONWAY ELEMENTARY SCHOOL, Conway, New Hampshire Principal PINE TREE SCHOOL, Center Conway, New Hampshire Teaching Principal Jun 27 03 01:57p p.4 1960- 1964 Owner-Real EstatelConstmction Business Pl}mouth., NH Park Commissioner Plymouth., NH (Elected Office) Precinct Commissioner Plymouth, NH (Elected Office) Alternate Representative from Plymouth, NH to House of Representatives 1959- 1960 PrincipalofK-8Laboratory School, and Director of Student Teaching Plymouth State CoUege, Plymouth, NH 1957- 1959 Supervising Teacher Plymouth State CoUege, Plymouth, NH 1955- 1957 Principal Conway Elementary School, Conway, NH \ i 1954- 1955 Teaching Principal Pine Tree School, Center Conway, NH EDUCATION 1970 - 1972 1966 - 1968 1956 - 1958 1950 - 1954 National Association of School Executives University of Bridgeport, C.AG.S. Bosto~ University, M.Ed. Plymouth State College - BS References available on request RO'! : GER-':.HII ~~/ tJ-l,I),::I 1.tl.~. 1-:': :):} t"Aj :)tll~4:j.:J'l'/ll H"9. 04 2OOK;k;;} <?/tf/c1 CITY OF DELRAY BEACH €.CE.\\J€.O BOARD MEMBER APPLlCATIOIl ~ 1\\\\':1 . t>.\lG - ~ " C\.~~ crt1 . FA>< 110. : S6126607-l6 t:! 1'1: t:LI:::Jm OfUlAY Ul;!lGl ~ ;(Ill? 1993 2001 iJ E1Je: {"T S~ 4. Principa!.BU3in",.lI.d~ hLL .J 2. . City 3. Leg.d Ra.ider.ce: City Stl<t.e City Sl1te ZiJ> Cook I d; lio.",e Phone: . J,-u, o6c:j/ 6. Au you "- ~t",ed vo""'? BU>in= Phone: E-M..ull.d~ Cell Phone:,. H'b- 7~ ~ Bou:d(,) iIolCyCJ\1 interest lnscrviDg? Ploselis.tla ~Me~)~p'cfur1i:ll.ce: you reg;.tered? . kIV4 C Vlrlm ; C,f 8. Lis. all City llo.m. 00 whkb you = ew:r""dy serring Ot b&ve pr~"""Wlly .....ed: (Pb.><. .indwk da""l ;/0 W -'-., Edu~tiowl('lUaliflcat.ioD.6; 13. .J ,~ . to. I.lst:my zelated profu>lsioool Certifu:..tio03 ano;llicc= which you hold "ii:""" GIve row: pUllent, or]]1O$1: tcceO.t eaiployer, atId post.;"", 12. D..erihc aped<nees. ":in. or knowledge whkh. qus,lifryo.. to save '''' <his to=!: (PI""e =ch "- bcid'resume) '. t ~ ~e .h..v tco"'''13 .are rro... ""d I agree aod no~OlCId Wt .,.r.,,;,,'''"''''''''''' ofolatW1 &d. ..--..,.--_~_o,_~-. ~ . i; )/iJ t!-,; 0.; appli=tioo 'I<'ill x<>aWn 00 6.Ic in th.e CiLy Oak'. Of"fia fon peelod of 2 Y""" from the chtc it""" bmitte<!, It will be the app!i=nt'. responsibtlity to Cnsurc. d'at a cuttetn "Pp~ClUioo. U QCl file. . . ~Ct.bJOlagAU:>>.,.."'uc.aIOf.I lJlilAAy BEAGH ~. ..------- -.' ':'.......' """I"""J'" -__:1'1 1m, ,I::: :ij' 1:: ; I"~: ,:'- :; r:~~ r: t: . :'.' <l!> 1993 .2601 1108 RECE!VED CITY OF DELRA Y BEAQIItl 0 5 2006 BOARD MEMBER APPLl~f~~~RK Please e or cint the followin information: 1. Last Name: N"!lle ~ h '0 .eRA / '1/ /=- C '2, 0 c-,q e a..t 0 tV City Set me.. ' City M,L Ii fP tL. ~J(f'J/I/!J5 2. Home Address: .} 'f(, I N UJ$'f'lJ !-dIVe' 3. Legal Residence: :s; tl IV) " 4. Principal Business Address: State } State ~<tlht' State Zip Code; S.J"-IO Zip Code So..rnP' Zip Code No /lIf - 5, Home Phone: Business Phone: 6'61-7s-0- 06 d 6. Axe you a registered voter? E-Mail Address: Cell Phone: Fax: 7. 8. List all City Boards on which you are currently serving or have previously served: (please include dates) 9. oGt...... <1 c t: f1 d - /..(s-lfYlf! tV 7 ~ ~;;, I. - ~YlIlt.4'l<.,,-rb 1./,,,'0//1/' 1-1 j,ra.r- ';:;"-.JeNe-e. /I Cr, . w/S. -;;-. 6td !Ua.,.{.\/ 10. List any rdated professional certifications and licenses which you hold: roM :;)..e>D :t-nr7.Lu.,;" .... ,:>.l>O~- Ad..' I'v+ Pl\u-e OJ.lF;M a7 Ftl/Ll"}wl (If -Ih., *or(f) ! 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resuine) I Ave-- 16 e.e.A/ 1'1 IV II -I-e r- n t1/1C!/ .,.. 0- F k I J e /T) Pep.. 0 ( -rillY 130 /l.-d. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co 'ned in this application may cause forfeiture upon my part of any appointment I may receive. W - k_ j#<-" J,).. -;l z- -0::( . SIGNA1'URE 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 file. S'CITYCLERK\BOARD\APPUCATION 10 · ~10~ f)-+ f4 tu ty);Vln'j fo FI, I fU ~ye.L-r- J"...C()I!P,e... Iq~ i I 'TCL4{,ld c,1Jt'md-lry ( U"JI oJ. lu/S;'",s'n / f3ttr-q b"j II. p.;~ 7' YP~' L";f a >L g ,,,-,,,," MI 7/>- fl, I,. {5P. eh -of /? i 'CIA" (J~ of /1,;" & ~ lid i"sf/PU '? ( pvA/ Y I. . C ) , L1 /:I /VI Cb..tl', AJYl "'" 111 ./17 7h" S 7.,1 />1-e-- 1il" I n~ ' ' d~~~W~ I ~.s S.~~ "'Y .('-j{" 7....P'~ /<'6' , "".>.~' /i .sOC- _ Ar ~~ I y' uS - I"""S"",,< ~ . ~"'; , {" /',.1. h "'-') tl1 /J7" wrJl7(JP~ I \. I , Fop,'. SyeA../"S .f tPa S a.. c/o ce ~e -tb~ ':ks-f -r Uel-rS l ,y4-V(. u,t'</v f~(>lt.t' r! 1(.7 -f I <- /- I # CjetM/l.(~lj G....../I16<> 0,1mbo _ Ml>sfty O{.<js'd~ F-'(fla-,;,;'" . e. . j/V-I'wf." ~s _ 1 41, 0 1/- (. M -I.." fr' -rh' 1'iR" eL .. -I,.'" ~-I-,;", ,n/ Pal m be.~h e,.LI.I-? in? --1/,,,,, e" f; s . l,qm <ul 1-\.......;,.. I S....Ty (&.c..) ,,,,;</. toR. 7I>~"s a--r -r-"~ B.c.~ ."....~ ~ND Cl~ b, J ~ ~~ ~ t'-I(jA~ 4~',~~~, ~ ;M> 0' ~..-;J1 /:.. -" )..~. t ~~t?~"1~ oJ', f,IJCL. ~ h -;."-:-::fA a.... ~ ". ~ · r~--f ~) 1.0 ,- ~" ~ ~~ . ~ .~ ..:ti'.- ~ 7~\.!--:; I:J.-f.lf~/)~ ~ 10. - J::~ .~.~~ t ; .~ --1;:!=~ : - ~,.. , '" -' ,_) ; I ' -' MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERP'1 AGENDA ITEM # q N - REGULAR MEETING OF JANUARY 17. 2006 RECONSIDERATION OF THE POLICE ADVISORY BOARD APPOINTMENTS TO: SUBJECT: DATE: JANUARY 13,2006 This item is before the commission for reconsideration of the Police Advisory Board Appointments that were approved at the December 13, 2005 Commission Meeting. At the December 13, 2005 Commission meeting the following Police Advisory Board Appointments were made: Two Year Terms L'Tanya Allen Juan de los Reyes Joseph Ferrer Jose Ramirez Charles Ridley Three Year Terms Annette Annechild Sharon Austin Joshua Bressler John Jackson Andrew Luchey Jimmy Weatherspoon On December 16, 2005, Juan de los Reyes resigned from the Police Advisory Board. S:\City Clerk\agenda memos\CM Reconsideration of Police Adv. Apts011706 Community Improvement fZM"L Memo To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Date: December 8, 2005 Re: Police Advisory Board - Recommendation for Appointments/Mayor's Advisory Committee on R.A.C,E. Relations if!) ITEM BEFORE THE COMMISSION City Commission consideration of appointing the list of residentslbusiness 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 RACE 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 finai 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 shali 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: Two-vear Terms Three-vear Terms L'Tanya 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 RACE Relations. 1 ~T ***** /tJ/!J--/Oj CITY OF DELRAY BEACH'~CEIVED BOARD MEMBER APPLlCA'tOOUU2 2005 RECEIVED CiTY CLERK OCT 1 2 2005 NamCIIV 0l4~~ CityD 'E'L- oRA Y E.E:;tt? 1-1 City State FI-- DRRAYBEACH .. .. . <It . . ... Wr 1993 2001 Please e or riot the followID infortrultion: 1. Last Name: 4 . I 1- L-€.,v 2. HomeAddress; /tJ//f!l1AI'IGo ])A!/V& 3. Legal Residence; 5AM~ State MI. T Zip Code :'?'4~L/ Zip Code 4. Principal Business Address: City State Zip Code -SAM 6 S. Home Phone; Business Phone; E-Mail Address: Cell Phone: Fax; )/aNe S(./-U[J-/j-,jePl A/I(MIj~ bs.,.. (P1-i>CjQ-19-S"'7 (,/-tSf{-.355'1 6. Me you a registered voter? .1 If so, where are you registered? )-., _ /? '. /1 1 6~ Pee - ~RAl'y' WMMr'( G't72- 7. What Boacd(s) ace you interested in servin . Please list in or~ec o~ preference: If . /Vi" GH 0 ~CJ:D VI/IS, )1.Y[{,uIllC II-. PoL e; /+Do/I 8. List all City Boards on which you are currendy serving or have previously served; (please include: dates) o lifE. 9. Educational qualifications: II/'- . S <JT<.A VI) A-nE 2 '(b4/Ui CU&GG CU/8E Wol!-K lO. list any related professioruU certifications and licenses which you hold: . N0771-R- /1; L- C- 0!-,eIO s IILJ/).5'~17oN tI us,wG 11. Give your present, or most recent etIlployer, and e,osition: I P13C.5I IPF j, OFI""ICE iItZ ,5f'EC-IAL-Is7 . 12. Describe experiences, skills or knowledge which qualifY you to serve on this hoard: (please attach a brief resume) )v%f.(CSr IN ~M/I1t1A1I-r( IN (J,t:. IV'!' M v-rG-/L- .L.rTl3,(ZA--rz:;;-fkeVld(J6 ,ExPL?IlIENCe /1'1 fk,,/'E1<.-rY "ft,4!1/,4Gc,MC;/V"/, BRIEF /Ui3-MB Sfl-lP IN 004sE-r P-k )/tJA, :;UPClA-V13 0 ])B {!rnzerJ~ AcA-p.0vlY I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material faets contained in this application may cause forfeiture upon my part of any appointment I may receive. aJ::~~' .~ . . . DAn:~./;~/~ Note: This application will renuin on file in the City Clerk's Office for" period of 2 years from the Mte it was submitted. It will be the applicant's responsibility to ensuiethat a current application is on file. S\C!TYQ...BltKUlOARD\APl'UCATION DURAY BEACH ~ iilm 1993 2001 /6 /; ~tJ1 RECEIVED CITY OF DELRA Y BEACH T t 2 2005 BOARD MEMBER APPLICATION oC e:oK CITY CL\;.n 1. f1f'eG-lI L Name ML 2. Home Address: ~ 5w A-e. City , srq ~ Code 0 /' 3. Legal Residence: City State Zip Code -fZ.. 4. Principal Business Address: e- State Zip Code ~ ~6 4 tv> A.v-e- ~ /)0(., F1 5. Home Phone: Business Phone: 5b I q?JO ~2fL. S1J I '1302'10) 6. Are you a registered voter? E-Mail Address: Cell Phone: A~Altle '""-NCh/ld 2.0 2. , IV' Q""A'OLoe;., ..2.<i'5'ztJ 3"- If so, where are you registered? Fax: 51> I :3 30212'5 7. What Board(s) are you interested in serving? Please list in order of prefereuce: 'PD L-iLf: 8. 'List all City Boards on which you are cw:rendy serving or have previously served: (please include dates) 9. Educational qualifications: t' ""/') I , UfI'5e I tJ l rs cJ...o 06'1 10. List any related professional certifications and licenses which you hold: r ,-t- Pftn I k "VJ1- YO 11\ Sl"(1M. dV )i\./O; C-er h f:.CftTl fj 11. Give your present, or most recent employer, and position: , , M... \0 r 4. d\ L.L- 1:'- Yrv:> , ~(L 'DOO W ,"\ 5-el{- he.J ~.e Ie! 12. Describe experiences, skills or knowledge which qualify you to serve on . hoard: (please attach a brief resume) ev... G6 ro 1/ <;+r0-? N d.-v '..J u /... 0 V C- fI.1 '7 u 171 GooO Me.J..<.c.:Iof '-4- UJ"t,,vI U!\ I CcJ,v/ QJ~l~UIl /71.... M (/tdeL I herehy 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. rA)., .L. J-r. ~duLJ () Gt q } ;z..ro r ~ 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 application is on file. S\CITYC(B.j[\BOARD\APPLlCATlON 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. Founder/Headwriter - assisting the book writing process for variety of clients, including the best selling=,High 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 Greae Affair (November 1981, Simon ana Scnuster) ANNETTE ANNECHILD 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 AlliancelMaster 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 N~ Sun Up San Diego Working Mother (nine times) Good Moming 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 Joumal The Minneapolis Star St. 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 Olden= 1993 1.001 No. 1441\J~DI RE.CE.l t CITY OF DELRA Y BEACH Qt1" n 'lOOS BOARD MEMBER APPLlCATION,1 rLE.~" c\i"( v IfJ~17 ~Ef/ iJ ct. I I. I U U~: !::J1 .i\M "...".... iijfr Ple...se .r:int the ~ollowi.nJ'; lllfomucion:. 1. Last Name: i:,J/lC# State -L State M.L q. ~~ Code Zip Code c.JJl I1i 2. Home Address: ..u. 120 !lfW . 7 $7:- 3. Leg.J. Residenc~..: Sit Me! .4. Principal- Business Add",ss: Name S. City State Z4' Code s. , . It:4J?.?iL-S''f~$ Sb} 2 6. ~e you a\ registered V'ote.i? YES 7. What Boacd(.) are you illt<LcstiAin s ~' If . htL~f Eih ,;/ E-Moil Address: Cd! Phone: L .ll Fax: order o~ pl?efccence:.: 8_ ~st ill City Boards on which YOll aJ:(: currently $<""...r.vihg or: h,3.V"e previously suve.d: (Pl~sc include d~t<"'....s) 9. Eduation.I qU>1ificatio",,: . S. € CoLL"qlf' Rb ~ /J' 'fY!, A1v, ('MJlH._2.tJf~\1 IfF 7lI~N.0:5p' 5mt>R1L f'itJXJi55 & 4<( V /Vt7eSI7Y/ (h/l?~ 10. List any :rd...ted professional ce.<tilications and licenses which you hold: ...G..iN/((flL f/l:S7DllIJL- e},VOI/iIiA/ 11.J}., P/1S-zljI!fiL eifU C(J'/;"r;f!./CI'l7/(j14' o 11. Give your, ptesent, of roost rea"t employer, an't;oSition:) . [,. q.S6N (}/II/~_t!!.~FltIJJ.s7 C-HUlUH (>tH. presen'i St>;J/6R-jljr,sl7>R- .";eHc",, skills or knowledge which qualify you to serve on this board: (pl"",e att>.cb. ~ hrief reswn~) .Till HI ~-"!.,Jb.~kT.2/Y:f_.lBr('ja FoQ,JSlTS OP 7He"' ,;KJ::K17l9..x:t' ,vAl,t>1- -teJ.6'MT/C,J J?E ,nul- 'T/cut- '-r[)JtIIt-~1If /"" flf6' CVr"'r#. I hereby =tify d...t,.n d.e above st:lrements 31:e true, ""d I..g>:e~ and understlod. th.at any miS5tat:ement of material factS contained i.i:l this applic-"tiofi may C".J.use forfeiture up~')n my p;t-r::t of w.y 3-ppoin(meut I tUay r:ecdve. ~~~ SIGNATURE ~ /1- ,200S DATE Note: 'lb.is "pplico.cion will renu.in OH file in the'City Cled;'s Office foo. pe.ciod ofi years from the cht;it was subrnil""d. {( will be the applicant's respoosibility to eosu,,,' d"Lf a cuneot application is on file. s\arYa.JI.R.1)ao.,t.JUMlPlJCAno~ (let. 17. 2005 7: :11.A.M No.144I Resume SHARON GENISE AUSTIN Curren! Position: Senior Pastor, Cason United Methodist Church 342 N. Swinton Avenue Delray Beach, FL 33444 (561)276.5302 Previous PositioDs Pastor. First United Methodist Church of Riverview, Riverview, FL (2 years) Pastor, Faith United Methodist Church, 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 Pastor, Ebenezer Baptist GlUrch, Atlanta, GA (11 years) ;t;d\l~~OD GRADUATE Doctor ofMinisl:ry Program. BanyUniversity, Miami Shores, FL. (in process) Pastoral Care Certific~ioll-Salllaritan Cowlseling Centers, Ft. Lauderdale., 2000 PROFESSIONAL CERTIFICATION (Residency Year) Clinical Pastoral Education, Iackson Memorial Hospita~ Miami, FL.. June 1995 -April 1996 Clinical Pastoral Education Intern Advanced Year, Grady Memorial Hospita~ Atlanta, Georgia (1979.1980) Clinical Postoral Education Iotem Quarter, Emory and Egleston Hospitals, Atlanta. Georgia, Summer 1978 MASTER Of DIY INlTY Candler School of Theology, Emory Univenityf Atlanta, Georgia {1979) Major: Pastoral Care and CounseJi.ng (Advanced courses, Le., Counseling Issues in Sexuality ond Personhood, Theology alld Psychology QfFaith Development, Adyal1ced Pastoral Care Methods, Pastoral C8J'e of the Alcoholic). Minor: Systematic Theology UNDERGRADUATE Bachelor of Science, Berry College, Rome, Georgia (1976) Major: Psychology Double Minor: Religion, Philosophy p. 2 Oct.\ I. LUlJ~1 !: :ri.A.M No. I 441 r. Sharon G. Austin Page Two PREVIOUS PROFESSIONAL EXPERIENCE Adjunct Faculty Member at Candler School of Theology, mOlY University Atlanta, Georgia Course Title: Women in Ministry (Course provided an opportunity to discuss practical issues affecting ministers who are women, and the perspectives which they offer in this field. (1988) Adjunct Faculty Member ,Interdenominational Theological Center ~lTC) in cooperation with Urban Traiuiug of Atlaota (UTOA) Atlanta, Georgia. Course Title: Field Education Reflel.."tion (Courcse entailed involving third year students in 'on site' placemelJl experiences for the purpose ofleaming ''Ystems that enable ministry proficienl..'Y in urban settings and experience in worlcing with corporate structures along with didactic component. (1981- 1985) CI inlcal Chaplajn (non-state merit) at New Horizons T reatmeot Center for Women Offenders, Departmenl of Offender Rehabilitation. Atlanta, Georgia Course Title; Clinical Chaplain Responsibilities Included providing various worship opportunities, developing r1'Jigious education programs, providing pastoral care and counseling services, educating dle commuoity through various speaking engagements, administering religious volunteer program, and assisting with fundraising for position. (1980-1984) HONORS AND AWARDS Recipient of the ''T orch Award" in the field of relib>ion, presented by the Atlan18 Alumnae Chapter Delta Sigma Theta Sorority (Public Service Organization) January 1990. Honored in "Salute to Women iu the Clergy," by tire Gamma Sigma Theta Chapter oCEta Phi Beta Sorority (a Bnsiness and Professional Women's Organization). Received Certificate of Special Congressional Recognition for Meritorious Achievement .s part ofthe celebration. July 1988. Cited by Mayor Andtew Young and the Atlanta City Council for Outstanding work in the area of Women and Children. July 21, 1985, was proclaimed .'Reverend Sharon Austin.' day in the city of AtllUlta. Outs=diJ1!l Young Women of American 1980.1981. 1981-1982. Southern Baptist Home Mission Board ScholarshIp, 1978.1980. Membership ill Omicron Delta Kappa, National Leadership Honor Society. Emory University Chapter, (elected 1979). Recipient ofthe Benjamin E. Mays Fellowship for Ministry, given by the Fund for Theological Education. NewYorl<, NY,1978. Tuition Grant A ward by Candler Scbool of Thea logy, J 977.1979. Uct. I ;. ZUlJ~1 f: :<L.~M Sharon G. Austln ECCLESIASTICAL ENDORSEMENT AND Al"FIUATIONS Member and Historian (1986-1992) for tlte New Ern Missi<mary Baptist COllyentlon, Inc. (of Georgia) Membet., American Baptist Convention. 1984-Present . Member of Progressive National Baptist Convention 1984 -Present. . Ordained to the Gospel Ministry, Ebenezer Baptist Church. August 1981. . Licensed to Preach, Ebenezer Baptist Church, April 1980 Member, Ebenezer Baptist Church, Atlanta, Georgia, May 1918. fROFESSIONAL A(.lIVITIES . Member, Board of Directors, Atlanta Public Schools Project, Church/School Collaborative (1992.1995) . Member, Board of Directors, SAFE Kids of Georgia, (/992- J995) . Member, Board of Directors. Hannony. Athurta's lntemational Youth Chorus (1992- J995) . Member, Board of Duectors, Mental Health Association of Georgia (1991-1995! . Chairperson, Candler Baptist Studies Committee, Candler School of Theology, EmoI)'Vniversity, (1.991-1995) Member Atlanta Religious Mobilization Against Crime (Fomled by Mayor Maynard Jac\(son. (J99~1995) . Member, Board of Dire<.'tors, Ody6SeY Family Cowlseling Center (1988) . Member and Assistant Treasurer. Board of Directors, Ebenezer Intergenerational Resource Center, Inc. (1984-1995) . Member, C'.ancer Advisory Committee Morehouse Scbool of Medicine (1988-1989) . Member, Board of Directors, Urban Training Organization of Atlanta (1983-1985) . Member, Planned Parenthood of Atlanta Area (1985-1995! . Member, Board of Directors. Council on Battered Women (l981-1995! . Member, Safer Atlanta 1,)1' Everyone. sponsored by Atlanta City Govemment (1981) PUBLICATIONS * Published Sennon, "More Than Precious, ~ In Sunday MominlZ PreachinlZ. Allanlll. Thomas Ball" Publishers Atlanta. Georgia (1995) . "Unto the Least ofTIles<:," Sroile,l ClIfC About You._by Margret Grizlo, to be published in 1993 by Smileyhean Publications. . Women in dlC Black Chw'ch, "PublishinWVideo Rillbrs Relinquished to New York · University, Soelman Collell:e and Morehouse CollelZe Consortium. (1992) . Black MatriarcbylBlack Church, in Li " . on Theolo ; Black and Fe i is PersJ?'OCtives. VoL L No. 1. (1978) Pu lis e by the ck Caucus and the WOTl\en's Caucus: Candler School of Theology, Emory University, Atlanta, Georgia. . Feanued articles appearhlg in Ministrv and Mission. pnblished by Candler School of Theology, Emory University, Atlanta, Georgia. Quotes/Interview in numerous News, Magazine and Hardcoyer pnblications. REFERENCES FURNISHED UPON REQUEST fH,.1441 Page Three p. 4 I 1993 2001 / all d/07 lECEIVED CITY OF DELRAY BEACH ocr BOARD MEMBER APPLICATION 1 2 2005 CITY CLERK Please information: 1. Last Name: 6~t::SSL-.E.~ 2. Home Address: '%.2.3S 'flJ\&&l'r llu,o~ C/p,cLE 3. Legal Residence: <. SAmE:::. 1\5 2... > 4. Principal Business Address: Name ....ioS\-\U.A City)::8..12f\ 'E6\tH City St te L State MLR Zie. Code.,.- :3.3 \fl\- .:> Zip Code City State Zip Code 91\ 6. ~ Sv,i\t I 0 "Boa 14ITo t-I ~ i- 33~f1 E-Mail Address: Cell Phone:~' 1 Fax: S'" . ~ 9-Ib{esslec ~b~1.\3'\'3 ~\z.. \l'\-1 Are you a registered voter? e$ If so, where are you registered?fAlM ~ Co~y 7. What Board(s) are you interested in serving? Please list in order of preference: Fc> u (, f. ^~'/'sn(i OAr ~ 1~3 ~c.\ ~11..1030 5. Home Phone: 8. List all City Boards on which you are currently serving or have previously served: (please include dates) "On ~ ~'L ~'Ij{,rsi\. 10. Ylori br. , ( ~ri~'i.~ ibvs-e, 11. Give your present, or most recent employer, and position: L Co l.- 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) .. S~ me~ shu..-bs. I ereby certify t 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. Oclo1~( II, 1.lfJC:; DATE 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 ftle. S\CnYCLERK\BOARD\APPLlCA nON Joshua R. Bressler City of Delray Beach Police Advisory Board Member Application October 11, 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 of two 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.coIn EXPERIENCE PENTHOUSE MEDIA GROUP me., Boca Raton, Florida General Counsel March 2005-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, formulate 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. . Perform 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. . Performed 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 2001 Member, Professional Personnel Committee . Established the firm'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. NYI2528:205919.1 . 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 DB-RAY BEACH ~ r'I:jj! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION RECEIVED OCT 1 1 2005 CITY, <tERK 101167 Please rint the followin information: 1. Last Name: ../-r- I J:::.rrcy 2. Home ddress: ~ M.L E- ~fjlde Zip Code 3:' 3. Lerif;;;de~e: I 4. Principal Business Address: 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) 10. List any related professional certifications and licenses which you hold: e statements are true, and I agree and understand that any misstatement of material facts ma cause forfeiture upon m any appointment I may receive. . ~~ ~- / 261r>-J ..DATE I sap .cation will remain on file in the City Clerk's Office for a period of 2 years from the date it was . ted. It will be the applicant's responsibility to ensure that a current application is on file. SICITYCLERK\BOARD\APPLlCA 1l0N JOSEPH E. FERRER 1420 North Swinton Avenue Delray Beach, FL 33444 (561) 276-8085 OBJECTIVE Provide adininistration leadership for a commercial or nonprofit organization to strengthen community I public image and fiscal position, through priority planning, innovative marketing and the establishment of private I public sector relarionships. 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, CoralSprings 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 finalized 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 Bosron, Ma, to Corpus Christi, TX. * Acted as liaison between federal and state legislators regarding matters concerning the oil indusrry. 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 DElRAY,lfACH ~ AUa1ericaCity , , II J! 1993 2001 (dfD /tfJ CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLlCATIOItCT 1 0 2005 CITY CLERK infomution: V.c.I>J<I< Name .A.i~ MI. . City State Zip Code /J-e4c--A.... FI City State Zip Code City State Zip Code 1. 2. 3. I 4. Principal Business Address: 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: >t,1- 7 Db- ? )...../ If sObwhe~e are you ~egiste~ed? ..".,-,I'-t . I.:J 6(J 7. t Board(s) are you interested in serving? Please list in order of preference: j)bA~.e. 8. List all City Boards on which yo . are currendy serving or have previously served: (please include dates) 9. uJ/k eNC 11 . 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) eA/t I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this applicatio y cause forfeiture upon my part of any appointment I may receive. ./~_/~_~5> DATE Note: This application will ~emain 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 ~esponsibility to ensure that a current application is on file. S\ClTYCl..BII.nBOAIUJ\APl'UCATION 71oq- ?4DM ; 7-e,., ~ h4ye AIfJd e <"Slre, w6Y.tf.-/. U/;~ 4~~ /I1eU1~ ~S4'....,..t'e . - a/D7'KeeY ()'"""YY~ eb r./Y1~ ~ ~Se~ . .2: . ,., . a"d /:L k ~-E.- S- ",,"$ :/V A.-Y ~---e... .s: ;Z ,/V~-q S'"cA~ul/ ..). s~,.., 4S ~ ,IJ~ 7e ._- ~- ~, _ -/ ' .h/l1 411/ Wrn-/d'/c. #..r.z: ~1T,,~e-/ 4'Td - ~/--u~ Z e-r ~ Ln .H7- ~ 1<>'104//7 'I 1993 2001 ..' . ..". \EeEIVEli1~T 212005 CITY OF Dr!~~t;;BEACH BOARD MEMBER AP.PLlCATION " ",~,"\--';" ,', "':[;'t:':-' 'j-" ;:",-;" ::';:.',i.:')'.<.'." . '::M;~:~fir\'::: <ii"': ;";;-/1.(')/-: 2. information: MI. Please 1. Las 7UEr State "- State Zip Code 33 </ Zip Code 3. 4. Principal Business Address: State Zip Code F/... 33 6/ Fax: 9. Edu ationalqualificatio s:134. _ &p~ ~ .~~ i'.__..._.. 10. List ~y related professional GertifiGations and liGenses whi~hY\jt\ hbl.d: ::'i~\;:'> positiOrl' IA. ~t'ilc(~-f-- /Ylgy "', 1 IJ ~YDiZJio /" 12 Describe experiences, skills orktiowledge which q :.t, '-'i^; you tb.$l!I'\'t db tlii~poal:d: (please attach a brief resume) " -,'\' "';"'~' -.-"-.i'.",: w 6m~ecdov k.13. ~i- .a-7' · A .... I~U J/v.i I hereby certify that all die above statements are true, and I agree ariih(i\tkt.'!m\~that arty misstatement of material facts con~this application may cause forfeiture upon my part offluy -aPf)()l11 nfient I may receive. SI't~-r;- ~ I)~\TE IO/~/~ Note: This application will remainon file in the City Cl.erk's<yfHGt' (tHo a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ens\ire that a current application is on file. s\CITYCLERK\BOARD\APPUCATION -,:.:', DR.RAYBfACH ~ i(lii! 1993 2001 f!&/r; CITY OF DELRAY BEACH ~~9.S~Y.EQ BOARD MEMBER APPLICATION OCT - 6 2005 CITy ctfR'kK CITY CLEf\. Please e or tint the folio information: 1. Last Name: f) . n iLm I p,Cl./ 2. Hrt trij::/AJ. -ljlfJ Ile . 3. Legal Residence: . S /Lr'Yl e a-.S a.--b 0 ~ -e...... 4. Principal Business Address: Name 05 e....- /3e4dt S,e { State M.I.IJ ' qp. Code ::-3 'N- <.( Zip Code City City State Zip Code fI 0 IY -€- 5. Home Phone: Business Phone: 5(P{-nk3?q~ 61e{~ 713~' 6. Are you a registered voter? -e:s E-Mail Address: Cell Phone: Fax: 'S&/~~1qf ;17g~3 70b If so, where are you registered? P if 111M 73 c. h ~2J /{! ( 7. What Board(s) are you interested in serving? Please list in order of preference: ~t?~(( J. 8. List all City Boards on which you are currently serving or have previously served: (please include dates) {)/.l-eJ 0/- 5eed - '9. Educational qualifications: . 11/A. / S~n<:..e. /} ba.-fe me.....-t 5 e.J, OrJ ( VCi-~d. 10. List any related professional certifications and licenses which you hold: VYJ e t-. IL.., I L t.e.. p.. -Ii f'1' L- P...-...f-; () t<.....5 11. Give your present, or most recent employer, and position: c.-;.f--'f 0 f- 60CA If-de>,v VVl-ee..-~"--vt "L 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) tn / e rz ~es () f lJe~ 4 ISCJc.p- ~("+QW P~I'~e a...t?..fYYl~/o1Is. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of materiJll facts contained in this application may cause forfeiture upon my part of any appointment I may receive. Ck ~~ I/J - 7- GJ ~ 6fGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SI.ClTYCLElUCIBO.ARD\APPUCAl'ION JU~-28-2e01 17:34 ! T' DHl'" TR~~ISSION VERIFICATION REPORT 561 833.8485 p.el/el TIME 0G/28/2001 14:58 DATE,TIME FAX NO. /NAME WRATION PAGE(S) RESULT MODE . . 1 I 14 S.W. 8TII A VENl.JaG/28 14: 58 DELRA Y BEACH FL 33Uij52485GG3 561-276-3396 ~: 00: 00 BUSY STANDARD To ~ a800'MliYlRlIIllilIhtiEofthe mu1ti-cultural comnumity of Del ray Beach by becoming involved in progr;ul1S, services. and committees that seek to develop and improve the City of Dc hay Beach. Summary of Qualifications: . Homeowner in Delray Beach sincc 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, Inc.lCinco-de Mayo FeSTival Committee (member and volunteer) La Paloma Homeowner's Association (current President) Southwest'President's Association (member) Student/Volunteer within organi:l.ations dealing with gang-related issues/outreach programs: . . ) . D.A.R.E, City of Boca Raton MAD DADS ofDelray Beach Parent/Adult Facilitator for the Our Lady Qucen of Peace Mission Catholic Youth Organization since 1980 Gniduate of the City of Delray Beach Citizen'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 Vacious professional certi fications, list available upon requesL , . TOTAL .P. 131 m~ 1993 2001 fff" ,!u/!vWfC/a-- CITY OF DELRA Y BEACH 0/1 /6/} BOARD MEMBER APPLlCATIONRECEIVED JUN - 7 2005 information: CITY CLERK Name M L DaRAY BEACH ... .. .. . . ... *""* * * * Please tint the follo I. Last Name: Ridle Charles F l. Home Address: City State Zip Code 137 SW 12th Avenu Delra Beach FL 3. Legal Residence: City State Zip Code same as above 4. Principal Business Address: City State 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 registered? Yes Delray Beach 7. What Board(s) are you interestef! in servin!>? Please list in order of preference: Commun~ty Reaevelopment, Delray Beach Housing, Code Enforcement 8. List all City Boards on which you are currendy serving or have previously s RA 9. Educational qualifications: College ~ducation- Florida A & M University 10. List any related professiorull certifications and licenses which you holcl N/A 11. Give yow: present, or most recint employeJ:, and position: Community Crusame 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; DeveloP7d over 27 I hereby certify that all the abo statements are true, and I agree and understand that any misstatement of mat . facts . y cause forfeiture upon my part of any apPoin~n~ ma; r;;; / 0 ~ DATE I Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SlCITYa.ERK\BOA1I:D\AllliCAnON i!],;<@,;,<, ""." .;,'-"'-! ~. ..~" Charles Ridley 1S'l.;.6J.\ ~~~' 137 S.W: 12Th Ave Delray Beach, Florida 33444 561-2764223 (Home) 561-271-5683 (Cellular) Career Profile Seasoned Non-Profit Manager with an impressive record of success iD. 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. . lbrive 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. .; . (0';"";';1\.... ~)~:. Charles Ridley ~. tfi;"1 ~'~~ 137 Sow. 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. Education '123 College Credit Hours: Florida Agriculture and Mechanical University (F AMU) . Graduate: Non-Profit Management Columbia School of Business Reference: available upon request ~,. . RECEIVED CITY OF DELRAY BEACH OCT 112005 BOARD MEMBER APPLICATlONCITY CLERK /tJ/!;/OJ ~ rnfYl lYe City Sq /Y} e City State Please 1. Last NamekJe-crffi e('5 bOA! 2; j~NdDss: 1f(/0fJ e 3. Legal Residence: SamE? 4. Principal Business Address: 30 I S0 ly--rIJ Itv.e 5. Home Phone: Business Phone: 6 01.~?6'-'i} n9 5 <:o/-;2G533 f? 6. 7. PI, 8JY'V Fax: 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) 9. e~ ~ to. List any related professional certifications and licenses which you hold: . 12. Describe experiences, skiDs or knowledge which qwilify you to serve on this board: (please attach a brief resume) Or. er C9 ~ 0", ' r Co~ 0 I hereby certify that all the above statements ate true, and I agree and undeatatl.d that any mtistatement of material fActs contained in this application may cause forfeiture upon my part of any appointment I may receive. (:, 1() -(1- P&oS DAm 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 130 NW 8TH AVE. Phone 561-278-8779 DELRAY BEACH, FL. 33444 Fax 561-274-7087 E-mail weat6347@bellsQuth.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, SOFlWARE 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 MEMORANDUM TO: FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGERPfi1 AGENDA ITEM # \<J A - REGULAR MEETING OF JANUARY 17. 2006 ORDINANCE NO. 1-06 (REZONING - PALM TRAIL CARRIAGE HOMES) JANUARY 13,2006 SUBJECT: DATE: This Ordinance is before Commission for second reading and q"asii"dicial hearing for a privately initiated rezoning from POD (professional Office District) to RM-I0 (Medium Density Residential-lO Units per acre) for a 1.77 acre parcel to be known as Palm Trail Carriage Homes, 816 Palm Trail, located approximately 170 feet north of George Bush Boulevard. The proposed rezoning involves eleven (11) platted lots (Lots 4 through 9 and Lots 13 through 17, Block 5, Sophia Frey) and associated abandoned alleyways. The property contains an existing vacant 22,799 sq. ft. medical office building with a POD associated parking area. The property owner, Palm Trail Holdings, LLC, is proposing to demolish the eXlStlng two-story medical office building and construct 16 townhome units. The proposed use cannot be accommodated under the current POD zoning, therefore, a change of zoning is requested. The rezoning from POD to RM-I0 would allow for a maximum of 17 townhome units. The Planning and Zoning Board considered the request at their November 21, 2005 meeting; at which time an adjacent property owner voiced concerns over the alley, underground utilities, and the influence the rezoning would have on access to his property. The request was postponed by the Board by a 4-2 vote with direction to staff to check the utilities and alley abandonment situation. After further review of the adjacent subdivision plat, it was determined that there would be no effect on the adjacent property owner. On December 19, 2005, the Planning and Zoning Board reconsidered the request at a public hearing. The member of the public who spoke at the November 21, 2005 meeting clarified that there were no more concerns relating to the adjacent alley or utilities. The Board voted 5-0 to recommend to the City Commission that the rezoning request be approved. Staff recommends approval based upon the findings of fact and law contained in the staff report; finding that the request is consistent with the Comprehensive Plan; and finding that the request meets the criteria set forth in the Land Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings). At the first reading on January 3, 2006, the City Commission passed Ordinance No. 1-06. Recommend approval of Ordinance No. 1-06 on second and final reading. $: \City Clerk\agenda memos\Ord 1-06 Palm Trail Rezoning 011706 CITY COMMISSION DOCUMENTATION . .1 TO: DAVID T. HARDEN, CITY MANAGER THRU: PAUL DORLlNG, DIRECTOR OF PLANNING AND ZONING FROM: JAMES G. CAIN, SENIOR PLANNER SUBJECT: MEETING OF JANUARY 17, 2006 PRIVATELY-INITIATED REZONING FROM POD (PLANNED OFFICE DISTRICT) TO RM-10 (MEDIUM DENSITY RESIDENTIAL - 10 UNITS PER ACRE) FOR PALM TRAIL CARRIAGE HOMES (PALM TRAIL HOLDINGS, LLC) LOCATED AT 816 PALM TRAIL, 170 FEET TO THE NORTH OF GEORGE BUSH BOULEVARD) The proposed rezoning involves eleven (11) platted lots (Lots 4 through 9 and 13 through 17, Block 5, Sophia Frey) and associated abandoned alleyways, totaling 1.77 acres. The property contains an existing vacant 22,799 sq. ft. medical/office building with POD associated parking area. The subject property is owned by Palm Trail Holdings, L.L.C. and the owners are proposing to demolish the existing two-story medical office building and construct 16 townhome units. The proposed use can not be accommodated under the current POD zoning and a change of zoning is being sought. The 1.77 acre site, if rezoned to RM-10, would allow for a maximum of 17 town home units. The rezoning request from POD (Professional & Office District) to RM-10 (Medium Density Residential-10 units per acre) is now before the City Commission for action. I PLANNING AND ZONING SOARD CONSIDERATION . .... ......... ................ ....... "................."............. ....,' ..................... ."";;1 The Board considered the request at their November 21, 2005 meeting at which time an adjacent property owner voiced concerns over the alley, underground utilities, and the influence this rezoning would have on access to his property. The request was postponed by the Planning & Zoning Board by a 4 - 2 vote with direction to staff to check the utilities and alley abandonment situation. After further review of the adjacent subdivision plat it was determined that there would be no effect on the adjacent property owner. At its meeting of December 19, 2005, the Planning and Zoning Board reconsidered the request at a public hearing. The same member of the public spoke and clarified that there were no more concerns relating to the adjacent alley or utilities. The Board voted unanimously 5-0 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 was consistent with the Comprehensive 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. Approve on second reading the rezoning from POD to RM-10, 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 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Ordinance No. 1-06 Planning and Zoning Board Staff Report of December 19, 2005 ORDINANCE NO. 1-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PROFESSIONAL AND OFFICE (POD) DISTRICT TO MEDIUM DENSITY RESIDENTIAL-10 UNITS PER ACRE (RM-10) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF PALM TRAIL, APPROXIMATELY 170 FEET NORTH OF GEORGE BUSH BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 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 Professional and Office (POD) District; and WHEREAS, at its meeting of December 19, 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 5 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 -10 units per acre (RM-1O) District for the following described property: Lots 4 to 9 inclusive and Lots 13 to 17 inclusive, Block 5, together with abandoned alley lying between Lots 4 to 8 and Lots 13 to 17, and west half of said alley lying adjacent to Lot 9, of Sophia Frey Subdivision, in Palm Beach County, Florida according to the Plat thereof recorded in Plat Book 4, Page 37 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. 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. 1-06 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: AGENDA ITEM: ITEM: December 19,2005 IVA Rezoning from POD (Professional & Office District) to RM-10 (Medium Density Residential-10 units per acre) for 1.77 acre parcel located on the west side of Palm Trail, north of George Bush Boulevard known as Palm Trail Carriage Homes GENERAL DATA: Owner........................................ Agent.................................. Applicant.. ...... ..... ... ......... .... ...... Location..... .. .... .... ..... ...... ... ...... Property Size............................ Future Land Use Map.............. Current Zoning.................... Adjacent Zoning............. North: Palm Trail Holdings, LLC Kupi & Eliopoulos Architects, PA. Palm Trail Holdings, LLC 816 Palm Trail 1.77 acres! 22,799 Sq. Ft. TRN (Transitional) Professional & Office District (POD) Medium Density Residential (RM) Medium Density Residential (RM) South: General Commercial (GC), Community Facility (CF), Special Activity District (SAD) West: Medium Density Residential (RM), Residential Office (RO) Existing Land Use................. Vacant Medical Offices Proposed Land Use.................. Two-Story Townhomes Water Service........................... Existing on site. Sewer Service........................... Existing on site. East: ..f-; ..1,1, ,L,'..!f-n q ,',',' i ,I' I,',',',' ,I,',', I i I,',',' i i i ,I,',',',',' I I' LME AVENUE N ,',' I 11'1'" I 1,','11,11';',1,'1.-- 11"I.!I!,I.~'il.llr il :IT/' , : i-) : rr-- i i i Iii " i i i i-- , L~t<E AVE~UE S I, I,,',' i,' ,I i i i,';' 1 ;1,' I' I," J! " i,' I I,' .' - ~ LLL +'h'ri' ' :Jlfl~~ ~ ~ ~~Yl~~; --- -'~~ W1T11ERSPOON LANE - o:IE7 --- ~cKEELN ---- -:~nM- - GEORGE' BUSH l ST. VINCENT'S ] CHURCH j ~m mIlE ~~~~L MARINA O[LRA Y ~ WfDG[- WOOD CONDO >- <t $ Q: l..cJ '- <t $ ULVR --' <t '- Ul <t o U <t M.S.A TRACT "" Q: '- IVA The item before the Board is that of making a recommendation to the City Commission on a rezoning from POD (Professional & Office District) to RM-10 (Medium Density Residential-10 dwelling units per acre) for Palm Trail Carriage Homes. (Continued from the November 21, 2005 Planning & Zoning Board meeting) The subject property is located at 816 Palm Trail which is situated on the west side of Palm Trail (primary frontage) and the east side of NE 9'h Street (secondary frontage) approximately 185 feet to the north of George Bush Blvd. An adjacent property owner was present at the November 21, 2005 meeting and submitted a letter voicing concern over the alley, underground utilities, and the influence this rezoning would have on access to his property. The request was postponed by the Planning & Zoning Board by a vote of 4-2 with the motion to continue with direction to Staff to check the utilities and alley abandonment situation with the adjacent property owner (Mr. O'Toole). The adjacent property owner visited Staff on November 22 to indicate that he mistook the alley for another alley located adjacent to the property. The proposed rezoning involves eleven (11) platted lots (Lots 4 thru 9 & 13 thru 17, Block 5, Sophia Frey) and associated abandoned alleyways, totaling 1.77 acres. The property contains the following: 816 Palm Trail: Existing 22,799 sq. ft. medical/office building with associated parking area. (105 parking spaces, 9 handicapped spaces) The current vacant medical office building site was issued conditional use and site plan approval in 1975 and was constructed in 1977. The property was originally zoned as RM in error and was later corrected to its current POD zoning in 1993 (Zoning Case 1993-085-REZ- CCA). The subject property is owned by Palm Trail Holdings, L.L.C. The property owners are proposing to demolish the existing two-story medical office building and construct a series of two-story town homes. The 1.77 acres site, if rezoned as RM-10, would allow for a maximum of 17 townhome units. The rezoning request from POD (Professional & Office District) to RM-10 (Medium Density Residential-10 units per acre) is now before the Board. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. P&z Board Staff Report, December 19, 2005 Rezoning from POD to RM-10 for Palm Trail Carriage Homes 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 (FLUM) designation of TRN (Transitional) and is currently zoned POD (Professional & Office District). Multiple family residential uses, including townhomes, are permitted as a principal use within the RM-10 Zoning District. Pursuant to LDR Section 4.3.3 K "Development Matrix", a minimum lot size of 8,000 sq. ft. (60' frontage/width and 100' depth minimum) is required within the RM-10 zoning district. Given the density of 10 units per acre, a maximum of seventeen town home units could be accommodated on the site subject to meeting performance standards under LDR Section 4.4.6(1). According to the City of Delray Beach Comprehensive Plan, The Transitional FLUM designation is appropriate for residential development at densities between 5 to 12 units per acre. The RM-10 zoning is consistent with the proposed townhome development and the Transitional FLUM designation. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered with respect to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. It is noted that the multiple family residential development, allowed under the RM zoning designation, would not have any greater impact on concurrency than what could be constructed within the existing POD zoning district. The maximum development potential within the POD zoning district is a 4-story office building of approximately 34,000 sq. ft. Drainaae: With the rezoning request drainage plans are not required. These will be submitted with the site plan submittal for the redevelopment of the site for town homes. There should not be any problems with retaining the drainage on the site and obtaining any/all necessary permits. Traffic: A traffic statement was not submitted with the proposal. However, pursuant to the Palm Beach County Trip Generation Rates, multi-family residences account for average daily trips (ADT) of 7 per unit, thus with 17 units, a total of 119 ADT are anticipated, which is significantly less than what a 34,000 square foot general office use could generate at 581 ADT. Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the RM-10 rezoning, seventeen (17) dwelling units would require a park impact fee of $8,500. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration regarding compliance with the adopted Level of Service for School Concurrency. No response letter has been received from them thus far. 2 IV.A. P&Z Board Staff Report, December 19, 2005 Rezoning from POD to RM-10 for Palm Trail Carriage Homes Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, solid waste generation would be 0.52 tons per unit for a total of 8.8 tons per year for the 17 townhouse units. This is in comparison to an office building, which would generate 4.6 pounds per square foot per year. At 34,000 square feet, a potential office building would generate 156,400 pounds (78.2 tons) of solid waste per year. Therefore, the proposed townhouses will generate 69.4 tons less solid waste per year than what would be generated by a potential office development. Additionally, the Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024. Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. 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 with the subject property. Redevelopment of the property, based upon the proposed zoning, is compatible with the adjacent land uses, which consist of single family residences to the north and west, condominium residences to the east and community facilities (church) & commercial (marina) to the south. Residential development in this area will support commercial uses in the downtown and the North Federal Highway corridor. Housing 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. The proposed redevelopment of the vacant medical office property to medium density townhome residences will have a positive effect on other neighboring residential properties as the impacts such as noise and traffic will be less than medical office uses. Compliance--Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. Future redevelopment of the subject parcels will be 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 to meet all applicable minimum lot area and lot dimensions requirements for the RM-10 zoning district (LDR-Section 4.3.4(K) as well as the specific requirements for Townhouses and Townhouse Types of Development under LDR- Section 4.3.3(0). 3 IV.A. P&Z Board Staff Report, December 19, 2005 Rezoning from POD to RM-10 for Palm Trail Carriage Homes STANDARDS FOR REZONING ACTIONS: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings noted in LDR Section 2.4.5(D) (5) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border or are near the property: Zonina Desianation: Use: North: South: East: West: RM GC, CF, SAD RM RM,RO Single & Multi-Family Residential Office, commercial, church, marina Condominiums Single & Multi-Family residential, offices The surrounding residential area has been identified as "Stabilization" on the Residential Neighborhood Categorization Map. This indicates that the area can accommodate some improvements to the area to achieve the final desired existing land use pattern. The adjacent residential properties to the north, east, and west are zoned RM (Medium Density Residential District).The properties to the south are zoned GC (General Commercial) as that area is closer to George Bush Blvd. which severs as an appropriate dividing line between the commercial/office and residential development. The redevelopment of the property as two- story townhomes will assist with the goal of moving the stabilization neighborhood towards the stable neighborhood classification. (Objective A-4 of the Comprehensive Plan) LDR Section 2.4.5(D) (5): 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 is being sought. These reasons include the following: A. That the zoning had previously been changed, or was originally established, in error; B. That there has been a change in circumstances which make the current zoning inappropriate; or C. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following statement indicating that reasons A and Care applicable to seeking a rezoning request from POD to RM-10: 4 IVA P&Z Board Staff Report, December 19, 2005 Rezoning from POD to RM-10 for Palm Trail Carriage Homes ''The existing zoning on three sides of the subject property is residential. The existing office building is vacant. Return zoning back to original RM Zoning." The basis for which the rezoning should be granted relates to reason "A" in that the zoning was changed from its original RM to POD and is now requested to be changed back to RM (ten units per acre) and also relates to reason "C" in that the proposed rezoning will allow the redevelopment of the property to be consistent with the zoning classification and uses within the block and will enhance the overall aesthetics of the neighborhood. Based upon the above, a positive finding with respect to LDR Section 2.4.5(D) (5) can be made. Community Redevelooment Aaency (CRA): The site is located outside the Community Redevelopment Agency Boundary and will not require their review. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. No letters of objection have been received for this project. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: 1. Neighborhood Advisory Council 2. Progressive Residents of Delray Beach 3. Presidents Council 4. Palm Trail ASS E SS" EN T ;I; fiJ'a(f~;~;C LU'S" O'N. v, h'.H'.""".....,."".".,." ,""..",'"'"."..'..,-....."". '".0_. ....." :<:,,:/ ;,.,.... ...1 The proposed rezoning from POD (Professional & Office District) to RM-10 (Medium Density Residential District-10 units per acre) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The rezoning request will provide for a compatible multi-family uses that will enhance the residential character of the neighborhood and reduce the negative impacts associated with non-residential vehicular traffic on local residential streets. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, this rezoning can be recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately sponsored request for a rezoning from POD (Professional & Office District) to RM-10 (Medium Density Residential District-10 units per acre) for the subject property, by adopting the findings of fact 5 IVA P&Z Board Staff Report, December 19, 2005 Rezoning from POD to RM-10 for Palm Trail Carriage Homes and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately sponsored request for rezoning from POD (Professional & Office District) to RM-10 (Medium Density Residential District-10 units per acre) 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. STAFF RECOMMENDATION . I "'<<<':'::::>,': 00 Move a recommendation of approval to the City Commission for the privately sponsored request for rezoning from POD (Professional & Office District) to RM-10 (Medium Density Residential District-10 units per acre) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Zoning Map Survey Prepared by: James G. Cain, AICP Senior Planner 6 IVA MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERm1 AGENDAITEM# 'c)~REGULAR MEETING OF ]ANUARY17.2006 ORDINANCE NO. 2-06 SUBJECT: DATE: JANUARY 13,2006 lbis ordinance is before Commission for second reading and public hearing for a privately initiated amendment to Land Development Regulations (LDR), Subsection 4.3.4(J), "Height", by amending Paragraph 4.3.4.(J)(1), "Defined"; Paragraph 4.3.4.(J)(3), "Exceptions to District Height Limitations"; Paragraph 4.6.18(B)(14)(i), "Roofs and Gutters"; and Appendix "A", "Definitions"; to allow and regulate parapets. Capex Construction & Development, through their attorney, Weiner & Aronson, has submitted a formal LDR amendment to allow sloped parapets to be applied on flat roofs that are at the maximum height limit for individual districts. The amendment will allow sloped parapets up to six (6) feet in height as a decorative feature on top of a flat roof without altering the way height is measured. Currendy, this option is only available for vertical parapets which limits architectural detailing flexibility. The Planning and Zoning Board held a public hearing at its meeting of December 19, 2005. There was no public testimony regarding the proposed changes. The Board voted 6-0 to recommend to the City Commission that the text amendment be approved. Staff recommends approval by adopting the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan, and finding that the request meets the criteria set forth in LDR Section 2.4.S(M) (Amendment to Land Development Regulations). At the first reading on january 3, 2006, the Commission passed Ordinance No. 2-06. Recommend approval of Ordinance No. 2-06 on second and final reading. S:\City Clerk\agenda memos Oed 2-06 LOR 434J Parapets 011706 TO: THRU: OR OF PLANNING AND ZONING FROM: JAMES G. CAIN, SE R PLANNE9 ~ 'j. ctc..::.. SUBJECT: MEETING OF JANUARY 17, 2006 PRIVATELY INITIATED AMENDMENT TO LOR SECTION 4.3.4(J), LOR SECTION 4.6.18(B)(14)(i)(3), AND APPENDIX "A" "DEFINITIONS" TO REGULATE SLOPED PARAPETS A privately initiated LOR amendment has been submitted to amend Sub-Section 4.3.4(J)(1) "Height Defined", Section 4.3.4(J)(3) "Exceptions To District Height Regulations, Section 4.6.18(B)(14) "Buildings Within The Downtown Area", and Appendix "A" "Definitions" of the LOR to allow and regulate sloped parapets. 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. Capex Construction & Development, through their attorney, Weiner & Aronson, has submitted a formal LOR amendment to allow sloped parapets to be applied on flat roofs that are at the maximum height limit for individual districts. The amendment will allow the sloped parapets up to 6' in height as a decorative feature on top of a flat roof without altering the way height is measured. Currently this option is only available for vertical parapets and this limits architectural detailing flexibility. I PLANNING AND ZONfNGBOARD CONSIDERATION '[ At its meeting of December 19, 2005, the Planning and Zoning Board held a public hearing in conjunction with the text amendment. There was no one from the public that spoke on the issue. The Board then voted unanimously 6-0 to recommend approval of the text amendment request to regulate sloped parapets by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). I . RECOMMENDED acTION ." '. ,,,',.',, ..... '"iH:':iHl By motion, move to approve the amendment to Land Development Regulations Chapter 4 "Zoning Regulations", Sub-Section 4.3.4(J)(1) "Height Defined", Section 4.3.4(J)(3) "Exceptions To District Height Regulations Section 4.6.18(B)(14) "Buildings Within The Downtown Area", and Appendix "A" "Definitions" of the LOR to allow and regulate slope parapets by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: o Ordinance No. 2-06 o Sloped Parapet Technical Detail o Illustrations of Projects using Sloped Parapet Designs o Planning and Zoning Board Staff Report dated December 19, 2005 ORDINANCE NO. 2-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SUBSECTION 4.3.4(J), "HEIGHT"; BY AMENDING PARAGRAPH 4.3.4(J)(1), "DEFINED"; AMENDING PARAGRAPH 4.3.4(J)(3), "EXCEPTIONS TO DISTRICT HEIGHT LIMITATIONS"; AMENDING PARAGRAPH 4.6.18(B)(14)(i), "ROOFS AND GUTTERS"; AMENDING APPENDIX "A", "DEFINITIONS", TO ALLOW AND REGULATE PARAPETS; 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 December 19,2005, 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 detennined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(J), "Height", Paragraph 4.3.4(J)(1), "Defined", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: (1) Defined: The vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between eaves tie beams and ridge for gable, hip or gambrel roofs. The height set forth in the matrix is the maximum height for all structures within the respective zone district except as provided for in Subsection 4.3.4(J)(3)&(4). Section 3. That Section 4.3.4, "Base District Development Standards", Paragraph 4.3.4(1)(3), "Exceptions to District Height Limitations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: .(!;). Par~pets: Flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet (6') in height or sufficient height to screen all roof mounted eQui.pment whichever is greater. measured from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features. they shall be no more than seventy-two inches (72") in height. project no more than twenty-four inches (24") beyond the face of the building, project no more than twelve feet (12') into the flat roof area of the building nor cover more than fifty percent (50%) of the flat roof area of the building. Section 4. That Section 4.6.18, "Architectural Elevations and Aesthetics", Paragraph 4.6.18(B)(14)(i), "Roofs and Gutters", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: (i) Roofs and Gutters: (1) Roof eaves above pedestrian walkways must be guttered to promote a pedestrian friendly environment. (2) Roofs and gutters must be built of durable materials and integrated into the architectural design of the building. (3) Flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet (6') in height or sufficient height to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features. the.}' shall be no more than seventy-two inches Q2") in height. project no more than twenty-four inches (24'') beyond the face of the building. project no more than twelve feet (12') into the flat roof area of the building or cover no more than fifty percent (50%) of the flat roof area of the building. Exception to the height requirements shall be pursuant to Section 4.3.4(J). (4) Roof mounted electrical, mechanical, air conditioning, and communication equipment shall be completely screened from adjacent properties and streets. A sight line study with the following information shall be submitted to Site Plan Review and Appearance Board for approval: (a) A two-dimensional cross section, at a minimum scale of 1: 1 00, of the site showing the building with the equipment screening in relation to the adjacent properties or public street. 2 ORD. NO. 2-06 (b) Graphic illustration showing that the equipment is not visible within a 200 foot radius. The radius shall be measured from the exterior side of the screen to a point ten feet (10') above finished grade. (5) Prohibitions: (a) Flat asphalt shingles. (b) Plastic gutters. Section 5. That Appendix A "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: "Sloped Parapet" means an angled false front or wall extension above the roof line. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 .2006. A lTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 2-06 v-j Ul E-; "Ul :c:: '" ",i ZUl ~ '" ;e::> ~ <f!: ~ -' '" Go 0:: " a. ID ~:;;! ~ Z ~ it: " CIC1 ~. 0 '" -'z 0 '" " a.'" 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ZUVl -' ~:;;! 0:'" 00:-' >0. -< "-~ oO~ ~o e:~ "'.... n go ~~~~ G:(I) bJ 0....05 O...JZw 0:::<<0::: (I).... c> OZ~ ^"'~ t=:D.. wI ;,. ~fa~~~ @ iJ~[L~~ 8 ~ I..L: S........a::: u (/)lLJ~co~ ~ .!;( a::: 0 Ul ~~<o~ en ~"'o.o'" w ~<.-:::J ~ .<..........t; ::> CI::: N~::> CI::: ~~~~g: t- o~_:ElI) ~ w ~o W Q~~~1- ~ 1=<1"') ~ffit-=~ 0::1 I.&..ZO <WWol.&Jw~ ~ > ii:o"''''''' F ~oO:::o .IU) om'O:(I)Uz In ow~~~~~ ...J1-D..Wa...Ul<(tI) oC( wl1..::!: :::l ti:d~~8e:(f)o :21- UO ~o lLl-i=CI:::---1Q:::O \5 00 ~ lI) tjtj.... ~<.j ~ Q::: ~.;g 0:::::E.;g a... 0 ~ ....... ~ E-4 ~ Cl E-4 ~ ~ ~ ~ Cl ~ ~ o ~ r./J r- Sloped Parapet Wall Examples PHILLIPPI LANDINGS Sarasota, florida Trillium Hutcblnson Island, florida .. ~~.... JEFFERSON @ CAMINO REAL Boca Raton, florida I PLANNINGANb ZONING BoAf:t1:l MEMORANDUM STAPF f:tEPORT "',""'"'''''''' ,,::,,:', MEETING DATE: DECEMBER 19, 2005 IV.C. AGENDA ITEM: ITEM: PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.3.4(J)(1), 4.6.18(B)(14)(i)(3), AND APPENDIX "A" DEFINITIONS TO REGULATE SLOPED PARAPETS I 'E""'OR"'T 'RD ' ITEMB.. .. HEBOA " I ,..... The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated text amendment to the Land Development Regulations (LDR) to: Section 4.3.4(J)(1) "Height Defined", Section 4.6.18(B)(14)(i)(3) "Buildings Within The Downtown Area", and Appendix "A" "Definitions". The applicant proposes to amend the above listed sections of the LDR's to allow and regulate sloped parapets, providing a savings clause, a general repealer clause, and an effective date. 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. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. The proposed amendment is a privately initiated text amendment to the Land Development Regulations and is now before the Board for action. I BACKGROUND I DEVELOPMENT PROPOSAL I This amendment should be analyzed as a non-site specific application as it applies to any project which may choose to design a sloped parapet. However, since this is a privately initiated amendment, a brief background has been provided by the applicant as follows: Capex Construction & Development, through their attorney, Weiner & Aronson, has submitted a formal request letter, along with a sloped parapet detail drawing, and photographs of various project examples, in application for allowing the sloped parapet type of architectural style (attached). They are proposing to utilize sloped parapets for the upcoming Delray Beach Yacht Club project. In their letter of application dated 9-28-05 Capex Construction & Development has stated that the sloped parapet type of architecture is growing in popularity and that the proposed ordinance will permit the City of Delray Beach to monitor and regulate its use. I lOR TEXT AMeNDMENT AI\lAL YSIS '1 ProDosed SIODed ParaDets Text Amendment The proposal amendment revises the base district development standards for building height by adding the requirement that flat roofs be screened from adjacent properties and streets with IV.C. Planning & Zoning Board Staff Report, December 19, 2005 Definitions to Regulate Sloped Parapets decorative parapets. It specifies a six (6) foot maximum height for vertical parapet walls, or that walls be of sufficient height to screen all roof mounted equipment. Sloped parapet walls are specified to be no more than 6 feet (72 inches) in height and also project no more than 24 inches beyond the building face, and project no more than 12 feet into the flat roof area of the building. They are to cover no more than 50% of the flat roof area of the building. This same language is also proposed to be added specifically to the supplemental district regulations for Buildings within the Downtown Area. One additional amendment to the definition of Height replaces the word "eaves" with the word "tie beams". The current definition begins the height measurement for the roof at the eave. This currently could allow an eave to be designed well below the tie beam plane in order to satisfy the maximum height limitation while at the same time creating a roof higher than what the LDRs intended. Measuring the building height using the tie beam feature will avoid extreme eave overhangs from being presented in order to allow greater building heights. The applicant has provided a typical sloped parapet detail illustration which includes the construction material details for this architectural feature, as well as architectural examples of sloped parapet walls taken from residential projects in other parts of Florida. The detail drawing and project examples clearly illustrate the sloped parapet designs. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted: Future Land Use Element Obiective A-5 - The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate Planned Unit Developments (PUD), Mixed-Use Developments, and other innovative development practices. The proposed text amendment will offer a new and innovative style of architectural design. Pursuant to LDR Section 2.4.5(M)(5), in addition to provisions of 1.1.6(A), the City Commission must make a finding that the text amendment is consistent and furthers the goals, objectives, and policies of the Comprehensive Plan. Given the discussion above, positive findings with respect to this amendment can be made. Courtesv Notices: Special courtesy notices were provided to the following homeowners and civic associations: . Progressive Residents of Delray (PROD) . President's Council . Neighborhood Advisory Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. 2 IV.C. Planning and Zoning Board Staff Report, December 19, 2005 Definitions to Regulate Sloped Parapets I A5SESSME N'T '''NDCO'~'CiU'SIO''N' ' " ",...............,..:.... . ... ",.,' ::,n~,' i..':L',:, ."t~L::;~':,....,.,",..,.;:,':::.>:'..'.' ':1"':,::",:,.;, I As stated in Future land Use Element Objective A-5, the proposed text amendment will offer a new and innovative style of architectural design for sloped roof parapets which promote streamlining and flexibility in the land Development Regulations. The updating of the land Development Regulations to allow and regulate sloped parapets will provide the City of Delray Beach a further option and style for building roof designs which will visually and aesthetically enhance the appearance of the City. A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendments to amend Chapter 4 "Zoning Regulations", Section 4.3.4(J)(1) "Base District Development Standards, Height, Defined"; Section 4.6.18 "Architectural Elevations and Aesthetics, Building and Structure Requirements, Buildings Within The Downtown Area, Roofs and Gutters", and Appendix A, Definitions, to allow and regulate slope parapets, and to provide a savings clause, a general repealer clause, and an effective date by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in lDR Section 2.4.5(M)(5). C. Move a recommendation of denial to the City Commission for the text amendments to amend Chapter 4 "Zoning Regulations", Section 4.3.4(J)(1) "Base District Development Standards, Height, Defined", Section 4.6.18 "Architectural Elevations and Aesthetics, Building and Structure Requirements, Buildings Within The Downtown Area, Roofs and Gutters", and Appendix A, Definitions to allow and regulate slope parapets, and to provide a savings clause, a general repealer clause, and an effective date by adopting the findings of fact and law contained in the Staff Report and finding that the request is not consistent with the Comprehensive Plan and does not meet the criteria set forth in lDR Section 2.4.5(M)(5). Move a recommendation of approval to the City Commission for the text amendments to amend Chapter 4 "Zoning Regulations", Section 4.3.4(J)(1) "Base District Development Standards", "Height", "Defined", Section 4.6.18 "Architectural Elevations and "Aesthetics" "Building and Structure Requirements", "Buildings Within The Downtown Area", "Roofs and Gutters", and Appendix A, Definitions, to allow and regulate slope parapets, providing a savings clause, a general repealer clause, and an effective date by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in lDR Section 2.4.5(M)(5). Attachments: . Applicant's Proposed Amendment . Sloped Parapet Technical Detail . Illustrations of Projects using Sloped Parapet Designs Staff Report Prepared by: James G. Cain, Senior Planner 3 IV.C. MEMORANDUM DATE: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER tJtI\ AGENDA ITEM # \0 ~ - REGULAR MEETING OF JANUARY 17. 2006 ORDINANCE NO. 3-06 (AMENDMENT TO LAND DEVELOPMENT REGULATIONS 4.6.9. "OFF STREET PARKING REGULATIONS") JANUARY 13,2006 TO: FROM: SUBJECT: This ordinance is before Commission for second reading and public hearing for a City initiated amendment to Land Development Regulations (LDR), 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required", for the reservation of one (1) parking space per residential unit in mixed-use developments utilizing the shared parking tables. Staff has been concerned over the last several years that residents in mixed-use developments should not have to compete with guests, or employees and customers of the non-residential uses, in mixed-use developments. An additional concern has been that subsequent to the issuance of a Certificate of Occupancy, spaces for residents have been reserved, thus skewing the available spaces for other uses in the development and potentially creating a deficiency of available spaces. This is an issue because the shared parking table allows for a reduction in the number of required spaces. If spaces are reserved, these spaces should not be subject to a reduction as they are not available for other uses. In absence of this text amendment, Staff has been imposing this requirement as a condition of approval for all mixed-use developments. A developer's recent reluctance to provide the requested reserved residential spaces has predicated this proposed text amendment. The text amendment will require mixed-use projects, with a residential component, that propose utilization of the optional shared parking calculations, to reserve one (1) parking space per residential unit. The proposed amendment was reviewed and approved as follows: Parking Management Advisory Board (PMAB) Community Redevelopment Agency (CRA) Downtown Development Authority (DDA) Pineapple Grove Main Street Board West Atlantic Redevelopment Coalition (W ARC) October 15, 2005 November 11,2005 November 14, 2005 December 7, 2005 December 13, 2005 The Planning and Zoning Board held a public hearing at its meeting of December 19, 2005. There was no public testimony. The Board voted 6-0 to recommend to the City Commission approval of the proposed amendment. Staff recommends approval by adopting the findings of fact and law contained in the staff report; finding that the request is consistent with the Comprehensive Plan; and finding that the request meets the criteria set forth in the Land Development Regulations (LOR) Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on January 3, 2006, the City Commission passed Ordinance No. 3-06. Recommend approval of Ordinance No. 3-06 on second and final reading. S:\City Clerk\agenda memos\Ord 3-06 LOR 469C Shared Parking Tables 011706 , Planning & Zoning Department MEMORANDUM DElRAY BEACH ~ ifijr c~~ 1993 2001 FROM: DATE: Dr~rd pa~ Dorlin Direct ~~nson I P January 17, 2006 , TO: THRU: of Planning & Zoning RE: Supplemental Information For Ordinance 3-06 At the City Commission meeting of January 3, 2006, Staff was directed to provide various scenarios demonstrating how the reservation of one parking space per residential unit in mixed use developments affects the total number of parking spaces required. Attached for your review are three (3) scenarios, summarized below: Shared Shared Additional Required Parking Parking Parking If Shared Without With Required If Development Parking Reserved Reserved One Space is Project Name ComDonents Not Used SDaces SDaces Reserved 20,841 sq. It. Retail; 5,361 sq. ft. Office; 3,007 sq. ft. Restaurant; The Strand 134 Dwellinn Units 346 296 309 13 5th Ave. Townhomes 10,441 sq. ft. Retail 47 Dwellina Units 148 133 138 5 2,509 sq. ft. Office 1,048 sq. ft. Retail Fifth Avenue Flats 12 Dwellina Units 40 29 33 4 The chart shows the development name and the various uses incorporated therein. The first column relating to parking, (column 3), shows what the required parking would be if the shared parking table was not available. This information is provided to demonstrate the reductions in required parking afforded by utilizing the shared parking table. The fourth and fifth columns show the required parking with and without providing one (1) reserved space per dwelling unit, utilizing the shared parking tables. The last column shows the number of additional spaces required when reserving one (1) parking space per residential unit. It is noted that the trend for the larger developments has been to provide parking in tiered structures (garages I multi-level decks). The smaller developments tend to provide the parking interior to the sites. In either case the "sea of asphalt" referred to in the Downtown Master Plan is not as prevalent. Considering the marginal impact the reservation of one (1) parking space per residential unit creates, along with the significant benefit to future residents, Staff recommends approval of Ordinance 3-06. tl E '" '5 '" ~ ." o N o l1. CIl.., -~ .c.. ClIO I-~"O (/) 0 Q) em 00 s::: .- ~.- 1ii~.c :i~ E 0" ili:!! 0 (.)~(J Cl{l "0 .5-5 c ~.!; CO CII.c '- Il.'~ .... 'OJ(/) Q).'!l Q) '-u CII.!!!..s::: .eel- rJ)l1. " '" " " ~ :; E ~ .2 " '" ::l o ;;\ "' '" 0 '" "' ~ ;; '" "' '" ~ a; ~ ~ ~ '" ~ '" N "' '" 0 '" 0 0 .... "' ~ ;; .... '" N '" ~ a; ~ u; ~ "" C ::l '" Q) o (Il D.. (/J "0 Q) ~ Q) '" Q) 0::: o Z .,.... 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" '" IE' E ., 2 " .in is E ., 2 " 0; 0 ~ c1! ~.c " E! 0 0 c1! --c:; " E! 0 u W"'" 0:: U I w_ 0:: ~ FROM: SUBJECT: 1%10 T. HARDEN, CITY MANAGER PA~RLlN , 0 ' CTOR OF PLANNING & ZONING ~RONSON, P RKING MANAGEMENT SPECIALIST MEETING OF JANUARY 3, 2006 - REGULAR AGENDA APPROVAL OF ORDINANCE 3-06, AMENDING SECTION 4.6.9(C) OF THE CITY'S LAND DEVELOPMENT REGULATIONS FOR THE RESERVATION OF ONE (1) PARKING SPACE PER RESIDENTIAL UNIT IN MIXED USE DEVELOPMENTS UTILIZING THE SHARED PARKING TABLES TO: THRU: Staff has been concerned over the last several years that residents in mixed use developments should not have to compete with guests, or employees and customers of the non-residential uses, in mixed use developments. An additional concern has been that subsequent to the issuance of a Certificate of Occupancy, spaces for residents have been reserved, thus, skewing the available spaces for other uses in the development and potentially creating a deficiency of available spaces. This is an issue because the shared parking table allows for a reduction in the number of required spaces. If spaces are reserved, these spaces should not be subject to a reduction as they are not available for other uses. In absence of this text amendment, Staff has been imposing this requirement as a condition of approval for all mixed use developments. A developer's recent reluctance to provide the requested reserved residential spaces has predicated this proposed text amendment. Attached for your review is a City-initiated text amendment which will require mixed use projects, with a residential component, that propose utilization of the optional shared parking calculations, to reserve one (1) parking space per residential unit. Section 4.6.9(C)(B)(a) provides a means for mixed use projects located in the CBD, GC and PC zoning districts to use the shared parking worksheet to calculate their required parking. The worksheet accounts for the peak utilization of parking for various uses in mixed use projects (see below). The attached ordinance requires that a minimum of one (1) parking space per residential unit, or any spaces reserved for any other use, is placed in the "other" category which is calculated at a utilization rate of 100%. Shared Parking Calculations Table Use for multiple use projects which include residential in CBD, GC and PC zoning districts Weekday Weekend Night Day Evening Day Evening Midnight to 9AMlo 6PMlo 9AMto 6PMto Use Renuired 6AM 4PM Midniohl 4PM Midniahl Residential (Additional/Guestl 0 100% 0 60% 0 90% 0 80% 0 90% 0 Office 0 5% 0 100% 0 10% 0 10% 0 5% 0 Commercial/Retail 0 5% 0 70% 0 90% 0 100% 0 70% 0 Hotel 0 80% 0 80% 0 100% 0 80% 0 100% 0 Restaurant 0 10% 0 50% 0 100% 0 50% 0 100% 0 Entertainment/Recreational !theatres, bowlino allevs, elel 0 10% 0 40% 0 100% 0 80% 0 100% 0 Other 0 100% 0 100% 0 100% 0 100% 0 100% 0 TOTALS 0 0 0 0 0 0 \ ~c.. City Commission Staff Report LDR Text Amendment To Section 4.6.9(C) Modifying the Utilization of the Shared Parking Tables Page 2 LOR Section 2.4.5IM1I51 IFindinQsl: Pursuant to LOR Section 2.4.5(M)(5) (Findings), in addition to LOR 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. Objective A-5 of the Future Land Use Element states "The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), Mixed-use developments, and other innovative development practices". The proposed amendment updates the provision for shared parking applied for mixed-use deveiopments, and is consistent with this objective of the City of Delray Beach Comprehensive Pian. Parking Management Advisory Board (PMAB): At its meeting of October 15, 2005 the Board unanimously recommended approval of the proposed amendment. Community Redevelopment Agency (CRA): At its meeting of November 11, 2005, the Board unanimously recommended approval of the proposed amendment. Downtown Development Authority (DDA): At its meeting of November 14, 2005, the Board unanimously recommended approval of the proposed amendment. Pineapple Grove Main Street Board: At its meeting of December 7, 2005, the Board unanimously recommended approval of the proposed amendment. West Atlantic Redevelopment Coalition (WARC): At its meeting of December 13, 2005, the Board unanimously recommended approval of the proposed amendment. Planning & Zoning Board (P&Z): At its meeting of December 19, 2005, the Board unanimously recommended approval of the proposed amendment. By motion, approve Ordinance 3-06 by adopting the findings of fact and law contained in the staff report, and finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance ORDINANCE NO. 3-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", PARAGRAPH (8)(A), "SHARED PARKING", TO ESTABLISH STANDARDS FOR RESERVED SPACES FOR MIXED USE DEVELOPMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 19, 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, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report: and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.6.9, "Off-Street Parking Regulations", Subsection (C), "Number of Parking Spaces Required", Paragraph (8)(a), "Shared Parking", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (8) Multiple Uses: (a) Shared Parking: When a building or combination of buildings on a unified site is used for both residential and commercial purposes, and is located with the CBD, GC, or PC zoning district, the minimum total number of required parking spaces shall be determined by the following method: Multiply the required parking spaces for each individual use by the appropriate percentage listed in the table below for each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns for the table. The minimum total parking requirement is the highest sum of the vertical columns. Shared Parking Calculations Table Use for multiple use projects which include residential In CBD, GC and PC zoning districts Residential Additional/Guest Office Commercial/Retail Hotel Restaurant EntertainmenURecreational theatres, bowlin aHe 5, ete Other o 10% 0 o 100% 0 o 0 40% 0 100% 0 o 100% 0 100% 0 o 80% 0 100% 0 100% 0 100% 0 o 0 TOTALS 2 ORD. NO. 3-06 For mixed use develooments utilizina the shared oarkina calculations table. which contain both residential and non-residential uses. a minimum of one (1) oarkina soace shall be reserved for each residential unit. These reserved soaces. or anv soaces reserved for other uses. must be included in the "other" cateaorv and aoolied as 100% utilization. Furthermore. subseauent to the issuance of a Certificate of Occuoancv (CO) the reservation of additional oarkina soaces will reauire a site plan modification and be subiect to the orovision of the minimum oarkina reauirements. Fer ~FOjeGts a~pr-oveEl l,lsin!i) tAis mett:laElole!i)Y, any assi!i)nmeAt af ~arkiA!i) s~ases ta iAEliviEll,lQI resiElantial ar nOA residential l,lses 8Aall r-eEll,liFe a~~r-e\'al af tAo r-eviewiA!i) Baar:El. 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 , 200_. MAYOR ATTEST City Clerk First Reading Second Reading 3 ORD. NO. 3-06 MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGE~ AGENDA ITEM ~ \ b D - REGULAR MEETING OF JANUARY 17. 2006 ORDINANCE NO. 4-06 (AMENDING SECTION 91.20. "RUNNING AT LARGE") SUBJECT: DATE: JANUARY 13,2006 lIDs ordinance is before Commission for second reading and public hearing to amend Chapter 91, "Animals" of the Code of Ordinances by amending Section 91.20, "Running at Large", to clarify that "at large" shall mean not under the direct control of owner whether on or off owner's property. At the first reading on January 3, 2006, the Commission passed Ordinance No. 4-06. Recommend approval of Ordinance No. 4-06 on second and final reading. S:\City Clerk\agenda memos Ord 4-06 Dogs Running at large 011706 ORDINANCE NO. 4-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 91.20, "RUNNING AT LARGE", IN ORDER TO CLARIFY THAT DOGS MUST BE UNDER THE OWNER'S DIRECT CONTROL WHETHER THEY ARE ON OR OFF OF THE OWNER'S PROPERTY, PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That Section 91.20, "Running at Large", Subsection (B) of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Sec. 91.20 RUNNING AT LARGE. (B) At large shall mean not under the direct control of the owner whether on or off the orooertY of said owner. (I) Direct control shall mean immediate, continuous, physical control of a dog at all times such as by means of a leash, cord, secure fence or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competenl jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,2006. MAYOR ATTEST: City Clerk First Reading Second Reading [ITY DF DELRAY BEA[H .lmeElVED $EP2 2 2005 CITY MANAGER of<, ;1/'1 ..- CITY ATTORNEY'S OFFICE 200 'iW 1st !\VI.NIE' DEI.RAY REACH, Fl.ORIDA 33444 TFU:l)~-l(H\F: ')hil.~.rl-7(J\}Il. FACSII\'lII.E: 561/27X-4755 OELRAY BEACH F L " " , " ^ ..... All-America City , III I! DATE: 1993 TO: Writer's Direct Line: 561/243-7090 MEMORANDUM September 21, 2005 David T. Harden, City Manager ~ 2001 FROM: Terrill Barton, Assistant City Attorney SUBJECT: Ordinance N<r.iJO-OS '-\- b~ Attached please find a revised ordinance amending Section 91.20 of the Code of Ordinances of the City of Delray Beach in order to clarify that "at large" shall mean not under the direct control of owner whether on or off property of the owner. Should you have any questions, please do not hesitate to contact me at 243-7090. TCB: smk Attachment cc: Lula Butler, Director of Community Improvement Rich Bauer, Code Enforcement Administrator , 1 'l.~\\f;) \) t. c. '} ?\\", " \ ,\',\ ,.,; \ ,_. eX'.' ~ Message Kucmerowski, Carolanne Page 1 of2 From: Quinlan, Donna Sent: Friday, December 30, 2005 8:55 AM To: Kucmerowski, Carolanne Subject: RE: Attached Ord. regarding Dogs Running at Large Lula said it's okay, put on agenda -----Original Message----- From: Kucmerowski, Carolanne sent: Thursday, December 29, 2005 3:20 PM To: Bauer, Richard Cc: Quinlan, Donna; Butler, Lula Subject: RE: Attached Ord. regarding Dogs Running at Large Thanks! ~7;:~ Executive Assistant/ Agenda Coordinator City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone (561)243-7059 Fax (561) 243-3774 kucmerowsk@ci.delray-beach.f!.us -----Original Message----- From: Bauer, Richard sent: Thursday, December 29, 2005 3:06 PM To: Kucmerowski, Carolanne Subject: RE: Attached Ord. regarding Dogs Running at Large Looks ok to me. -----Original Message----- From: Kucmerowski, Carolanne sent: Thursday, December 29,200511:55 AM To: Butler, Lula; Bauer, Richard Cc: Quinlan, Donna Subject: FW: Attached Ord. regarding Dogs Running at Large Just following-up......... it is okay to add this ordinance to the 1/3 agenda? Thank you, ~7;:~ Executive Assistant/ Agenda Coordinator City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 12/30/2005 cK tJlV\ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 21111NW htAVEMJE-llll RAY BEACH. EI.oRIDA33444 TELEPHONE: 56 I C-:L~. 7(1'){) . FACSII\lILE: 561/278-4755 Writer's Direct line: 561/243-7091 DELRAY BEACH ~ 1jjj: ~:TE MEMORANDUM January 12, 2006 City Commission David Harden, City Manager 1993 2001 Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 8-06 FROM: Attached please find Ordinance No. 8-06 which enacts Section 71.006 to provide for a surcharge on parking fines to fund the School Crossing Guard Program. Please place on the January 17, 2006 City Commission agenda for consideration. Attachment cc: Chevelle Nubin, City Clerk \~A ORDINANCE NO. 8-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", "GENERAL PROVISIONS", AND ENACTING SECTION 71.006, "SURCHARGE ON PARKING FINES", TO PROVIDE FOR A SURCHARGE ON PARKING FINES TO FUND THE SCHOOL CROSSING GUARD PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City incurs expenses to supply school crossing guards; and WHEREAS, Florida Statutes 9 318.21 (11 )(a) allows a municipality to charge a surcharge on parking violations to fund a School Crossing Guard Program. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulations", "General Provisions", is hereby amended by enacting Section 71.006, "Surcharge on Parking Violations" to read as follows: Sec. 71.006. SURCHARGE ON PARKING FINES. A five dollar ($5.00) surcharoe on each parkino fine is hereby imposed for the sole purpose of fundino the City's School Crossino Guard Prooram. which also may be used to pay for startup costs. recurrino administrative costs related to printino new tickets or other means of implementino the prooram. The proceeds will be placed in a trust fund established by the City called the "School Crossino Guard Trust Fund". The surcharoe funds collected shall be distributed ouarterly to fund the School Crossino Guard Proqram. Section 2. That should any section or proYision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2006. ATTEST: City Clerk MAYOR First Reading Second Reading 2 ORD. NO. 8-06