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03-21-06 Agenda Reg City of Delray Beach Regular Commission Meeting ==:J RULES FOR PUBLIC PARTICIPATION Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 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. Tuesday. March 21. 2006 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. 100 NW 18t Avenue Dekay Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 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 Smith at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . March 16, 2006 - Special/Workshop Meeting . March 17, 2006 - Special Meeting 6. PROCLAMATIONS: A. Law Day - May 1, 2006 7. PRESENTATIONS: A. Weed & Seed Presentation B. ''You are Not Alone" - Delores Rangel C. Non-Profit Academy Certificates 8. CONSENT AGENDA: City Manager Recommends Approval. A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of January 18, 2006. B. FINAL SUBDIVISION PLAT APPROVAL/GULF STREAM VJT.T.A~: Approve the subdivision plat for Gulf Stream Villas, a 14-lot, fee-simple townhouse development, located on the southwest comer of Gulfstream Boulevard and Webb Avenue. 1. RESOLUTION NO. 15-06: Approve Resolution No. 15-06 abandoning two 20' wide alley rights-of-way associated with the Gulf Stream Villas Townhouse Development, lying west of Block C and Block D of the replat of Blocks 2-5, inclusive of Gulf Stream Estates. C. ACCEPTANCE OF RIGHT-OF-WAY DEED/FRANC PROPERTY: Approve and accept a right-of-way deed associated with the Franc Property, located on the west side of S.E. 51b Avenue, south of S.E. 71b Street. 03-21-2006 - 2 - D. SPECIAL EVENT REQUEST /EASTER SUNRISE SERVICE: Approve a request from Reverend William Stokes on behalf of the Delray Beach Clergy Association for special event approval for closure of Ocean Boulevard (A-l-A) during the Easter Sunrise Service to be held April 16, 2006 from 6:30 a.m. until 7:30 a.m. at the beach pavilion. E. MEMORANDUM OF AGREEMENT (l\fOA)/AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC.: Approve a Memorandum of Agreement (MOA) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for a three (3) year term for the Senior Immunization Project. F. THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/ AUBURN TRACE: Approve the Third Amendment to the Contract for Sale and Purchase between the City and Auburn Trace, LTD. to extend the closing date and to approve a cross access easement agreement. G. PARKING SPACES/THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER. INC.l4TH ANNUAL EARTH DAY EVENT: Approve a request from The Friends of Sandoway House Nature Center, Inc. to reserve parking spaces in the Sandoway Parking Lot to accommodate their 41b Annual Earth Day Event to be held on Saturday, April 8, 2006. H. FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.)/RESOLUTION FOR ASSISTANCE: Approve and adopt a Resolution for Assistance from the Florida Inland Navigation District (F.I.N.D.) for the application of a grant for funding for the F.I.N.D. Park on the Intracoastal Waterway. I. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY / ATLANTIC HIGH SCHOOL: Approve an Interlocal Agreement with the School Board of Palm Beach County to allow the School Board the use of the athletic fields next to the new Atlantic High School and the City the use of the gymnasium at the old Atlantic High School site. J. SERVICE AUTHORIZATION NO. 11.1/CH2M HILL, INC.: Approve Service Authorization No. 11.1 to CH2M Hill, Inc. in the amount of $13,600.00 for preparation of a Florida Department of Environmental Protection (FDEP) construction permit renewal package and follow-up responses for permit acquisition for the Rehabilitation of the City's Aquifer Storage & Recovery (ASR) Well Project. Funding is available from 442-5178-536-31.30 (Water/Sewer Renewal & Replacement Fund/Engineering! Architect). K. AGREEMENT /IRONWOOD PROPERTIES/MERIDIAN: Approve an agreement with Ironwood Properties in the amount of $13,950.00 to be paid to the City in lieu of hardscape/landscape improvements associated with the Meridian. 03-21-2006 - 3 - L. SPECIAL EVENT REOUEST/RELAY FOR LIFE: Approve a special event request for the American Cancer society's Relay for Life Fundraiser to be held at Old School Square from 4:00 p.m. on March 31, 2006 until 11:00 a.m. on April 1, 2006. M. SPECIAL EVENT REOUEST/CINCO DE MAYO FIESTA: Approve a special event request to allow the 81b Annual Cinco De Mayo Fiesta to be held Saturday, May 6, 2006, from 11:00 a.m. until 10:00 p.m. at Old School Square. N. SERVICE AUTHORIZATION NO. 14.1/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 14.1 to Currie Sowards Aguila Architects in the amount of $14,750.00 for additional services provided for the permit submittal process and site modifications for the Intracoastal Park Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/ Intracoastal Park/ ()therlnnprovennent~. O. SEVENTH AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve the Seventh Amendment to the Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77 Development Group, L.c. to provide for an extension of the contract until June 9, 2006. P. AMENDMENT NO. 1 TO CONTRACT FOR SALE AND PURCHASE/CARVER SQUARE/JEAN LOUIS SAINT FORT AND JOSETTE SAINT FORT: Approve Amendment No.1 to Contract for Sale and Purchase of property to Jean Louis Saint Fort and Josette Saint Fort, as part of the Carver Square Relocation Project, extending the date of expiration to May 31, 2006. Q. AMENDMENT NO. 1 TO CONTRACT FOR SALE AND PURCHASE/CARVER SQUARE/REGINAT.n JONAS AND ELIZABETH TAYLOR: Approve Amendment No.1 to Contract for Sale and Purchase of property to Reginald Jonas and Elizabeth Taylor, as part of the Carver Square Relocation Project, extending the date of expiration to May 31, 2006. R. SPECIAL EVENT REOUEST /Sth ANNUAL GARLIC FESTIVAL: Approve a special event request for the 81b Annual Garlic Festival to be held on the grounds of Old School Square on February 16-18,2007. S. AMENDMENT NO. 1 TO LEASE AGREEMENT /PALM BEACH COUNTY /HEAD START: Approve Amendment No.1 to the lease agreement with Palm Beach County for the property leased at the Catherine Strong Center for the Head Start Program. T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 6, 2006 through March 17, 2006. 03-21-2006 - 4 - U. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Westco Turf Supply, Inc. in the amount of $33,104.92 via the Florida State Contract #515-630-03-1 for the purchase of two (2) Model #30344 Toro Groundsmaster 3280-D Rotary Mowers for Parks Maintenance. Funding is available from 001-4138-572-64.90 (General Fund/Other Machinery /Equipment). 2. Bid award to Midnight Sun Tours, in the estimated annual amount of $73,311.00 for bus rental and driver services for the Parks and Recreation Department. Funding is available from 001-4127-572-55.30 (General Fund/Youth Football), 115-4912-572-55.30 (Special Projects Fund/Youth Football), 001-4105-572- 44.90 (General Fund/Out of School Program/Lease Costs), 001-4121-572- 44.90 (General Fund/Athletics & Special Events/Lease Costs), 001-4127-572- 44.90 (General Fund/Pompey Park/Lease Cost), 001-4119-572-44.90 (General Fund/Teen Center/Lease Cost), and 001-4111-572-44.90 (General Fund/Parks & Recreation Administration/Lease Costs). 3. Bid award to Harcross Chemicals for the purchase of hydrofluorosilicic acid at an estimated annual cost of $31,730.00 for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals) FY 06/07. 4. Purchase awards via the Florida Sheriffs' Association Contract #04-12-0823 Rollover to Garber Ford in the amount of $20,921.00 for one (1) 3/4 Ton Pickup Truck for the Parks & Recreation Department; and award to Classic Chevrolet in the amount of $12,038.00 for one (1) Compact Pickup Truck for the Community Improvement Department. Funding is available from 001-4138- 572-64.20 (General Fund/Automotive) and 001-2741-524-64.20 (General Fund/Automotive). 5. Purchase award to CDWG, Inc. in the amount of $25,777.00 via the State of Florida Contract for the purchase of the HP MSL6030 Tape Library. Funding is available from 334-6111-519-64.11 (General Construction Fund/Computer Equipment). 9. REGULAR AGENDA: A. WAIVER REQUESTS/5TH AVENUE FLATS: Consider a request for several waivers relating to the minimum stacking distance and reduction of site visibility triangle for 5th Avenue Flats, located at the northwest comer of N.E. 51b Avenue and N.E. 2nd Street. (Quasi-Judicial Hearing) B. CONDITIONAL USE REOUEST /MAROONE FORD: Consider a request to establish a parking and storage lot for vehicles within the MIC (Mixed Industrial and Commercial) district for Maroone Ford, located on the west side of Wallace Drive, between Georgia Street and Milfred Street. (Quasi-Judicial Hearing) (A Request was received to postpone this item) 03-21-2006 - 5 - C. INCREASE TO MONTHLY VALET PARKING QUEUE SPACE FEES: Consider approval of an increase in the monthly valet queue parking space fees. D. AGREEMENT/IMAGE SPORTS MANAGEMENT, INC.: Consider approval of an agreement with Image Sports Management, Inc., a member of the National Indoor Football League, for use of the Tennis Stadium and other facilities, including parking lots, for the Palm Beach Phantoms. E. TREASURE COAST REGIONAL PLANNING COUNCIL/TOWN PLANNING SERVICES: Consider a proposal from the Treasure Coast Regional Planning Council for Town Planning Services associated with the Atlantic Plaza, Hotel Vista Del Mar, and South Swinton Avenue Projects. F. AGREEMENT/CGI COMMUNICATIONS, INC.: Consider approval of an agreement with CGI Communications, Inc. to provide an online community video program for the City. G. SETTLEMENT OFFER IN PETERS v. CITY OF DELRAY BEACH: Consider a Setdement Offer in the total amount of $15,000.00 in Peters v. City of Delray Beach. Staff recommendation is acceptance. H. SETTLEMENT OFFER IN LU v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the amount of $20,000.00 in Lu v. City of Delray Beach. Staff recommendation is acceptance. I. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council for Zone 6 for an unexpired term ending October 31, 2008 and one (1) At Large Representative for an unexpired term ending October 31, 2007. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). J. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board to represent the Old School Square Historic Arts District for a two (2) year term ending January 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Ellis (Seat #1). K. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1) youth member to the Police Advisory Board for a two (2) year term and one (1) youth member for a three (3) year term. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat 2) and Commissioner Levinson (Seat 3). 03-21-2006 - 6 - 10. PUBLIC HEARINGS: A. ORDINANCE NO. 11-06 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E)(2), "Expiration of Approvals; Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary Subdivision Plats", to clarify the timeframes for development approvals. B. ORDINANCES NO. 16-06, 17-06. 18-06, 19-06. AND 20-06/WORKFORCE HOUSING: The following ordinances are amending Land Development Regulations (LDR) pertaining to Workforce Housing: I. ORDINANCE NO. 16-06 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) regarding Subsection 4.3.40)(4)(b), "Allowances", to provide for modifications to performance standards and to require workforce housing. 2. ORDINANCE NO. 17-06 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.4.6, "Medium Density Residential (RM) District", to include references to aspects of the Workforce Housing Ordinance for RM zoned properties that are part of the Workforce Housing Overlay Districts. 3. ORDINANCE NO. 18-06 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Article 4.7, "Family Workforce Housing", establishing an additional workforce housing overlay district known as the "Infill Workforce Housing Area", located east of 1-95 and west of the Intracoastal outside of the coastal high hazard area for properties predominandy zoned RM (Medium Density Residential). 4. ORDINANCE NO. 19-06 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(1), "Performance Standards", to provide for inclusion of workforce housing among other conditions in order to obtain increased density. 5. ORDINANCE NO. 20-06 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.1.4, "Use of Lots of Record", to provide for the use of lots of record of at least 40 feet for the construction of workforce housing units. C. ORDINANCE NO. 13-06: An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance with Standard Practice Instructions", of the Code of Ordinances, to provide that personal services contracts are exempt from the requirements of Chapter 36. 03-21-2006 - 7 - 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. 21-06: An ordinance amending Land Development Regulations (LDR) Section 2.4.3(K)(3), "Permit Fees", to enact a new subsection (s) authorizing the waiver of building permit fees for the installation of auxiliary power generators and fuel systems in critical use groups and occupancies. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MARCH 17, 2008 03-21-2006 - 8 - SPECIAL MEETING/WORKSHOP MARCH 16, 2006 A Special Meeting/Workshop of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m., on Thursday, March 16,2006. Roll call showed: Present - Commissioner Patricia Archer (arrived at 6:07 p.m.) Commissioner Rita Ellis Commissioner 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 Robert A, Barcinski, Assistant City Manager 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. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the March 14,2006 First Nonpartisan Election. This item was removed from the agenda. 2. OLD SCHOOL SQUARE GARAGE/BUILDING DEMOLITIONS: Approve the demolition of two buildings, Love's Drugs and the old Goodwill building, on the site proposed for the Old School Square Garage. Richard Hasko, Director of Environmental Services presented the proposed demolition contract award for removal of the existing former school building, as well as, the Love's Drug building at the site of the proposed Old School Square garage. Three quotes were solicited from contractors and the low quote was $76,000 from BG Group, ILC. Staff is recommending award to BG Group, ILC for the demolition of the buildings only. Mr. Levinson moved to approve demolition of two buildings, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; and Mayor Perlman - Yes. Said motion passed 5-0. 3. OLD SCHOOL SOUARE GARAGE/UTILITY RELOCATION: Approve the relocation of a sanitary sewer to prepare the site for the proposed Old School Square Garage. Richard Hasko, Director of Environmental Services presented information on the Old School Square utility relocation. Staff solicited quotes on the scope of work from three contractors currendy under contact with the City of Delray Beach. Asphalt Consultants declined to bid. Of the other two bidders, Chaz Equipment and Rosso Paving and Drainage, Chaz was the low bidder with a total of $313,147.50. This project would be funded through a variety of funds in order to accomplish the utility relocation. The primary work will be relocating the sewer main in the alley away from the new garage area. A small lift station will have to be installed. The sewer will be relocated in alignment with NE 1 It Avenue. Staff recommends approval of the contract to Chaz Equipment. Mr. Levinson moved to approve contract to Chaz Equipment, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; and Mrs. Ellis - Yes; Said motion passed 5-0. Mayor Perlman adjourned the Special Meeting at 6:09 p.m. WORKSHOP AGENDA 1. Overview of the Brickell Foundation - Norman Brickell Mark Hansen Mr. Mark Hansen, School Board Member, made a presentation requesting Commission support to establish a program in Palm Beach County Schools to reduce the adolescent bullying within the school system. Mr. Norman Brickell from the Rodd D. Brickell Foundation would like to offer a grant for the prevention of bullying in the school system. The Foundation's mission is to provide funding for programs, education and research that aid in the prevention of youth suicide. Mr. Rick Lewis from the SAFE Schools Program gave overview of the program. The grant would be a matching grant. It was the consensus of the Commission to proceed with the grant program against bullying in the schools system. 2. Presentation of the Cultural Plan - Coletta and CompaQy Carol Coletta and Tom Jones, from Coletta and Company provided an overview of the proposal to encourage Delray Beach to develop a good cultural and intellectual diversity. It was the consensus of the Commission the presentation was outstanding. 2 March 16, 2006 3. Presentation in support of a water supply project - Lake Worth Drainage District (LWDD) Ms. Michelle Diffenderfin from the Special Environmental Council to the Lake Worth Drainage District, and Danna Ackerman-White Director of Community Affairs for the District, at Staff's request, provided information on the water supply L-40 Berm Enhancement Project. It was the consensus of the Commission to provide a resolution for legislative support of the project. 4. Discussion of Site Plan for Temple Sinai Rick Durr from Durr and Associates, Inc. explained the Temple Sinai Neighborhood Park proposal and encouraged comments and suggestions from the Commission. Comments and concerns from the audience were presented. It was the Commission to have issues addressed before Park project proceeds. Mayor Perlman adjourned the Workshop Meeting at 8:10 p.m. City Clerk A ITEST: 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 Meeting of the City Commission held on Thursday, March 16, 2006, which Minutes were formally approved and adopted by the City Commission on City Clerk 3 March 16, 2006 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. 4 March 16, 2006 SPECIAL MEETING MARCH 17,2006 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jon Levinson in the City Manager's Conference Room at City Hall at 12:55 p.m., on Friday, March 17,2006. Roll call showed: Present - Vice-Mayor Jon Levinson Commissioner Rita Ellis Commissioner Alberta McCarthy Absent - Mayor Jeff Perlman Commissioner Patricia Archer Also present were - David T. Harden, City Manager Terrill Barton, Assistant City Attorney Chevelle D. Nubin, City Clerk Vice-Mayor Levinson called the meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the March 14,2006 First Nonpartisan Election. Mrs. Ellis moved to approve the cumulative totals for each candidate for Commission Member/Seat #2, and Seat #4 including all of the regular, absentee and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Fred B. Fetzer is elected as Commission Member/Seat #2, and Brenda B. Montague is elected as Commission Member/Seat #4 each for a two year term commencing on the 301b day of March, 2006, and ending in accordance with the City Charter, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mrs. Ellis - Yes; Ms. McCarthy - Yes; Mr. Levinson - Yes. Said motion passed 3-0 There being no further business Mrs. Ellis moved to adjourn the meeting, seconded by Ms. McCarthy. Vice Mayor Levinson adjourned the meeting at 12:57 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 Meeting of the City Commission held on Friday, March 17, 2006, which Minutes were formally approved and adopted by the City Commission on 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. 2 March 17, 2006 WHEREAS, Law Day is a celebration of our nation's great heritage of liberty, justice, and equality under the law; and WHEREAS, our nation's Founders created a doctrine of separation of powers among the three branches of government - executive, legislative, and judicial; and WHEREAS, in an effort to balance any accumulation of power, our nation's Founders included a system of checks and balances in the Constitution, and this system ensures that each branch serves as a constraint on, and is constrained by, the powers of the other branches; and WHEREAS, our system of separation of powers and checks and balances stands as model for other nations of the world. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim Monday, May 1, 2006, as "LAW DAY" and urge all citizens, schools, businesses, and media to use this occasion to preserve and strengthen the rule of law. 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 21st day of March, 2006. JEFF PERLMAN MAYOR 01< m1 191\ PUBLICITY I proclamation Law Day Proclamation Securing a proclamation from an elected official, such as a mayor or governor, gives Law Day weight and credibility. A SAMPLE LAW DAY 2006 PROCLAMATION Whereas, Law Day is a celebration of our nation's great heritage of liberty, justice, and equality under law; and Whereas, our nation's Founders created a doctrine of separation of powers among the three branches of government-executive, legislative, and judicial; and Whereas, in an effort to balance any accumulation of power, our nation's Founders included a system of checks and balances in the Constitution, and this system ensures that each branch serves as a constraint on, and is constrained by, the powers of the other branches; and Whereas, our system of separation of powers and checks and bal- ances stands as a model for other nations of the world. NOW THEREFORE, I . (Mayor, Governor, etc.) of . do hereby proclaim Monday, May 1, 2006, as Law Day. I urge the citizens, schools, businesses, and media of to use this occasion to preserve and strengthen the rule of law. IN WITNESS WHEREOF, I have hereunto set my hand this day of , in the year of our Lord two thousand and six, and of the Independence of the United States of America, the two hundred and thirtieth. For a customizable proclamation access: www.lawday.org click on: Proclamation Effective Proclamations/Resolutions · Have you started the request process early enough? · Do you know the appropriate channels for the request? · Have you prepared and mailed the request to the appropriate government offidal? · Have you provided a sample proclamation for offidals to use in customizing the proda mation/resolution? · Have you alerted reporters to the press conference or event where the proclamation/ resolution will be announced and read? · Do you have copies of the signed proclamation for distribution to reporters? · Have you arranged to have the proclamation printed in local newspapers and presented on radio and television stations and confirmed the arrangements? Order onUne www.lawday.org I Order by phone 800.285.2221 13 LAw OFFICES '1! ~ ALSO MEMBER OF OHIO BAR TELEPHONE (56 I ) 395-0500 FAX (561) 338-7532 E-MAIL: THEFIRM@FURRCOHEN.COM WWW.FURRCOHEN.COM Charles I. Cohen Robert C. Furr ALSO MEMBER OF GEORQIA BAR BOARD CERTIFIED BUSINESS BANKRUPTCY LAW. Marc P. Barmat Alan R. Crane Alvin S. Goldstein ALSO MEMBER OF NEW YORK BAR BOARD CERTIFIED BUSINESS BANKRUPTCY LAW. ONE BOCA PLACE, SUITE 337W 2 255 GLADES ROAD BOCA RATON, FLORIDA 3343 I C. William Berger OF COUNSEL ALSO MEMBER OF PENNSYLVANIA BAR February 15,2006 ~. 0 . r-"'.... ~'~@-j -U__.\Y!. ,..,;--', ~';..~I. ji \ : \ 1 : i f'\ \ : FEB I "7 2[itl, . \"l, i ,__0- C\-;l""! ce" < ; , ..'. ,~ '.~,._...,_.....,-- ._-,,~,- Mark S. Roher VIA FACSIMILE - 243-7199 Mayor Jeffrey Perlman City of Delray Beach 100 Northwest First Avenue Delray Beach. Florida 33444 RE: South Palm Beach County Bar Association 2006 Law Week "Speakers in Schools" Proiect I have volunteered to Chair the South Palm Beach County Bar Association's annual Law Day program. We will be celebrating Law Day on Monday, May 1, 2006. On that day (and throughout that week) we will be providing our local schools with the opportunity to participate in our "Speakers in Schools" project. It is my hope that on May 1 we can make available to one or more classrooms in each and every school in South Palm Beach County an attorney who will speak on a subject related to either the United States Constitution, the practice of law or the American legal system. We hereby respectfully request that the City of Del ray Beach and you support the SPBCBA Law Day program by issuing a special "Law Week" Proclamation. If this is acceptable to you and you are willing to issue such a Proclamation, we would like to request a special photo session with you, at your convenience, during the last week of March. As I am sure you can appreciate, this much lead time is necessary so that press releases can be prepared and provided to the local media. If you have any questions about our project or about these special requests, please do not hesitate to call me. In the meantime, I hope you can favorably reply to our request and look forward to hearing from you soon. Very truly yours, FUJ~HEN~ V(~~ Marc P. Barmat E-Mail: mbarmat@furrcohen.com MPB/dfw H:\LIBRAR Y\ST AFF DIRECTOR Y\Marc\LA W DAY 2006\Letter to Mayor Perlman.wpd Date: 3/3/06 AGENDA ITEM NUMBER: ~1ft o VI AGENDA REOUEST Request to be placed on: _ Consent Agenda --X- Regular Agenda (Presentation) _ Workshop Agenda _ Special Agenda When: March 21. 2006 Description of agenda item (who, what, where, how much): Presentation of Certificates of Appreciation to the Commissioners by Youth from one of the Weed & Seed Programs (Carver Kids of Character- Karate) and brief demonstration. Sharon L'Herrou eed ed Pro am Mana er will introduce the group (5-10 minutes). '\; Department Head Signature: City Attorney Review/Recommendation (if Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N/A Account Number: Description Account Balance: Funding Alternatives: N/ A (if applicable) City Manager Review: Approved for Agenda: @ / No Initials: tJZ1 Hold Until: Agenda Coordinator Review: Received: MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGE~ AGENDA ITEM # <6A - REGULAR MEETING OF MARCH 21,2006 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION TO: FROM: DATE: MARCH 17, 2006 This is before the Commission to ratify the following action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on January 18, 2006. By a vote of 6 to 0, the SCRWTD Board approved the following: . Authorize an agreement with the lowest responsible bidder in aggregate amount not to exceed $700,000.00 for Bid Package to furnish pipe, fittings, valves, slide gates, and chlorine contact tank covers from various vendors in accordance with bid documents for Reclaimed Water System Expansion. Cost to be split 50/50 from each City's Capital Fund. At the bid opening on March 8, 2006, McDade Waterworks, Inc. was the lowest responsible bidder with a price not to exceed $311,953.00 for Bid Package Number 5 to furnish pipe fittings, valves, slide gates, and fiberglass covers in accordance with the contract documents for Reclaimed Water system Expansion. The cost of $311,953.00 will be split 50/50 from each City's Capital Fund. Recommend ratification of the action approved by the SCRWTD Board on January 18, 2006. S:\City Clerk\agenda mernos\SCRWID Board Action of 011806 2 t~ RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 18, 2006 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 18, 2006, by a vote of 6-0, authorize an agreement with the lowest responsible bidder in aggregate amount not to exceed $700,000 for Bid Package to furnish pipe, fittings, valves, slide gates, chlorine contact tank covers from various vendors in accordance with bid documents for Reclaimed Water System Expansion. Cost to be split SO/50 from each City's Capital Fund. At the bid opening on March 8, 2006, McDade Waterworks, Inc., was the lowest responsible bidder with a price not to exceed $311,953 for Bid Package Number 5 to furnish pipe fittings, valves, slide gates and fiberglass covers in accordance with the Contract Documents for Reclaimed Water System Expansion. The cost of $311,953 will be split SO/50 from each City's Capital Fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this _ day of , by a vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney TO: THRU: FROM: SUBJECT: D VI ~~ANAGER PAUL.: DORLlNG, DIRE R OF PLANNING A~ONING NGUYEN TRAN, SENIO PLANNER ~t4 -d7~ MEETING OF MARCH 21, 2006 ! I' * * * CONSENT AGENDA * * * APPROVAL OF A FINAL SUBDIVISION PLAT FOR GULF STREAM VILLAS, A 14- LOT FEE-SIMPLE TOWNHOUSE DEVELOPMENT, LOCATED ON THE SOUTHWEST CORNER OF GULF STREAM BOULEVARD AND WEBB AVENUE. The subject property consists of Blocks C and D of the Replat of Blocks 2-5 Inclusive of Gulf Stream Estates (PB 23, PG 46) together with the east half of the north-south alley right of way adjacent to Blocks C and D. Block C presently contains two (2) one-story apartment buildings while Block D contains one (1) one-story apartment building. At their meeting of July 18, 2005, the Planning and Zoning Board recommended approval of the request to abandon the two north-south alley rights-of-ways adjacent to Blocks C and D. At their meeting of September 14, 2005, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval for the construction of fourteen (14) fee simple townhouse units in three (3) two story buildings on the subject property. At its meeting of October 17, 2005, the Planning and Zoning Board approved the preliminary plat and recommended to the City Commission approval of the final plat for Gulf Stream Villas. The abandonment request is being considered in conjunction with this final plat. For additional background and a complete analysis of this request, please refer to the attached Planning and Zoning Board report. The proposed development consists of 14 dwelling units contained in three townhouse structures. The townhouse units will be constructed on lots ranging from 19.87' to 32.33' wide by 90.14' to 145.18' deep and vehicular access will be taken directly from Gulf Stream Boulevard or Webb Avenue. Tracts "A" and "B" have been dedicated to the Gulf Stream Villas Homeowner's Association for common area/open space and pedestrian access to the site is accommodated with the proposed construction of a 5' wide concrete sidewalk along Gulf Stream Boulevard, Webb Avenue and along both sides of Gulf Stream Drive. In addition, a 5' wide sidewalk easement has been dedicated along Gulf Stream Boulevard. A 14.5' general utility easement has been provided along the entire west side of the plat to accommodate existing utilities along the alley right-of- way (to be abandoned) and a 10' wide easement has been dedicated across the front of Lots 101-104 to provide utility service to these lots. Please refer to the attached reduced plat for a detailed layout. The Planning and Zoning Board considered the proposed plat at their meeting of October 17, 2005. Atter reviewing the staff report, the Board voted 6 to 0 (Diane Borchardt absent) to approve the preliminary plat and to recommend to the City Commission approval of the final plat of Gulf Stream Villas. All technical items have been satisfactorily addressed. Move approval of the request for final plat approval for Gulf Stream Villas by adopting the findings of fact and law contained in the Planning and Zoning staff report of October 17, 2005, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments: Location Map. Survey. Gulf Stream Villas Plat. Planning and Zoning Board staff report of October 17. 2005 ~s GULF STREAM BOULEVARD -J \ \ \ \ \ \ \ \ I"'~ I 1 ~~, \ \ \ \ \ \ \ \ - ~~ =i\ I lOT \ TAr \ TEII~~ I AT ~~t=11 \ \l \ \ \ \ \ 10 ~ DECARIE STREET I ~ o ~ ;;; '" a ~ <{ > W -1 => o m SEACRES T BL VD. CON TlNUING PRESBYTERIAN CHURCH & CHRISTIAN SCHOOL I SEtCREp ~ANE ...- Ul W ~ U <{ W (/) TENNIS COUR TS AQUACREST POOL I\C 1\...p..~ dOO\... p.. SCr' r\\G0 f- FOO TBALL FIELD N.E. 22NO LANE f-- ~ i\V~ i I~= I ~ ~ 1 ~ ~ J 4i '--------- ~ ~ l8 J ~ l'~ J ~ '--------- s; W STR. ~ \ I ]~~ J ---- ---- uj '--------- z f-- \ I t-- f--, \ N.E. 22ND - I----- f- f-- r- t---- '~ ~ =- ffiB"ES ~I: _ ,----., ~o - - IRCLE -~ I r-Z ---- r--- N.E. 19T1i STREET N.L 21ST SL NE I J ~ 20TH SL ---- \ \ \ \ IC 'H I I I I Nr I, - f- f- ~c- L.-.> 0 ---.,~ lD PLUMOSA ELEMENTARY SCHOOL - I- Vl :l! - ~u I~ I 1//1 I I I N - / - / - f- .>.... ~ if ~ - / <3 'I t.i ..: - ~ -.J ~ /j ~ >- ~ :z: CJ :r w x 6 RTON VOLKS BORTON VOL VO II I ! / DELRA Y'S LOST DRIVE-IN ~ ~ J!! ~In;~ I I - - 'BI] ill I III1 (illYrn ill ffi] ~III I t:=J I I I I I I I ALLr I I ill GULF STREAM VILLAS aTY OF OElRAY BEACH. 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I:. i ~ i! ~ iLl d d~ ~l ~ . ~ ~ ~ ~ ~ · ~ ~~ .. . l l 9 ~ . . il a .1 ~. ~ ~ ~ ~ ~ ~ ~ ; ~ i" in is is H I i ~; t--- 121.35' I LOT 12 I t-- I LOT 13 I 1--- I I I I f ~ irJ ,", (0 , r if) I I !~ '>no I LOT 14 I 1---- ~ Ii! I I W 20,6' ALLEYWA.Y (ACREAGE) 1------ / LOT 15 I I '" ~ ~ ~ ~lIlt~i!!l...i:~~~l <J~ z>-! -:!i ~ (/)0: " ::> " ~Vl6 c ... g.i U, .,~ g [ii ~~~!I cOz ~;(..... s~;~g (/)e[ Q: R~ ~ ~!~ ~' ~!~ '":" ID j~ ZVl~P!= ~~~ i CE:~~ ., u~~ , ;; ~~ ~i :; h :~ i~ .~ ~~ ~I i~ ~. .~ ~~ i! ~'! PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: October 17, 2005 V.A. Combined Preliminary/Final Plat for Gulfstream Villas, a proposed 14-unit townhouse development located on the west side of Webb Avenue, south of Gulf Stream Boulevard. (Quasi-Judicial Hearing) GENERAL DATA: Owner........... ........................... Gerald & Elizabeth Feblowitz Applicant. . ... .. . .. .. .. ... .. . ... .. ... ... Kelton Project Management, Inc. Agent.......................................... Edward Ploski, AICP Craven Thompson & Assoc. Location...................................... Southwest corner of Webb Avenue and Gulf Stream Boulevard. 1.312 Acres Transitional RM (Medium Density Residential) Adjacent Zoning................North: Palm Beach County RS (Residential Single Family) East: MIC (Mixed Industrial & Commercial) South: RM West: R-1-M (Single Family Residential) Existing Land Use...................... 2 one story C.B.S. apartment buildings containing 10 units total. Proposed Land Use.................... Construction of a 14 unit townhouse development. Water Service............................. Available via connections to an existing 8" water main located in Gulf Stream Boulevard and an existing 8" water main in Webb Avenue. Sewer Service........................... .. Available via service lateral connections to an existing 8" sewer main in Gulf Stream Boulevard and an existing 8" sewer main in Webb Avenue. Property Size......... ..................... Future Land Use Map............... Current Zoning............................ I n IBOOLE~ n I ~~ DRIVE I t:::=- 'f~ ~ I' ID~l i~ ;~ I ~ III I J II I GULF STREAM GUlf STREAM R AIlI TENNIS COURTS t-I1\C (>.1\'{>. .lOa\' 50' rI\GrI FOOffiALL FIELD /1~ /- t-- i Yij- . ~~ J~r.r J< -- w \ rl J~ t: tt== --- I~ --- /2___ I J~ N.E. 201M ST. '---- \ \ JL If) 1</ l- I--- I_r-- /--~ - '--i 0_<1 I!i_::! ~~ -B~r3 . II , N.E. 21 ST ST. ).. ~ if :ii ~ ; ~ .. " " BORTON VOLVO I ! L/ DELRA y's LOST DRIVE -/~ ~ ~W - ./\ I r=-' JlmTTIT ~l -111 t==1 ..)== ~ *[ II B~~Q Iiii! ::. l..;: /=::lL J t= ~H '-' l- I- r V. A. The item before the Board is that of approval of a combined preliminary/final plat for a 14-unit fee simple townhouse development known as Gulf Stream Villas. The subject property is located at the southwest corner of Gulf Stream Boulevard and Webb Avenue. This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions. The subject property consists of Blocks C and 0 of the Replat of Blocks 2-5 Inclusive of Gulf Stream Estates (PB 23, PG 46) together with the east half of the north-south alley right of way adjacent to Blocks C and D. Block C presently contains two (2) one- story apartment buildings while Block 0 contains one (1) one-story apartment building. At their meeting of July 18, 2005, the Planning and Zoning Board recommended approval of the request to abandon the two north-south alley rights-of-ways adjacent to Blocks C and 0 of the Replat of Blocks 2-5 of Gulf Stream Estates. The abandonment will be scheduled for consideration by the City Commission in conjunction with Final Plat approval. At their meeting of September 14, 2005, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval for the construction of fourteen (14) fee simple townhouse units in three (3) two story buildings on the subject property. The proposed development consists of 14 dwelling units contained in three townhouse structures. Buildings #1 and #2, located on the north portion of the property, will contain nine (9) three bedroom town homes with two-car garages per unit. Building #3, located on the south portion of the property contains five (5) two bedroom town homes with one-car garages for each unit. The townhouse units will be constructed on lots ranging from 19.87' to 32.33' wide by 90.14' to 145.18' deep. Vehicular access to this project will be taken directly from Gulf Stream Boulevard or Webb Avenue. No additional ingress-egress easements will be required for access. Tract "A" and Tract "B" has been dedicated to the Gulf Stream Villas Homeowner's Association, Inc. for common area/open space, drainage, landscaping and private parking purposes. Pedestrian access to the site is accommodated with the proposed construction of a 5' wide concrete sidewalk along Webb Avenue, Gulf Stream Boulevard and along both sides of Gulf Stream Drive. A 5' wide sidewalk easement has been dedicated along Gulf Stream Boulevard. A 14.5' wide General Utility Easement has been provided along the entire west side of the plat to accommodate existing utilities along the alley right-of-way (to be abandoned). A Notification of Utility Providers form was received from Florida Power P&Z Board Staff Report Meeting of September 19, 2005 Gulf Stream Villas Plat Page 2 and Light (FP&L) indicating that a 10' wide Utility Easement will be required along the rear of Lots 101-104 to provide utility service to these lots. Only a 5' wide General Utility Easement is being shown along the rear of these lots. An additional 5' of easement area will be required or provide a signed letter from FP&L, Adelphia and BellSouth stating that a 5' wide easement will be sufficient to provide service to these lots. This will be a condition of approval. Drainage is accommodated via a privately dedicated drainage easement to the Homeowners Association. Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Mac: 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 Transitional and is zoned Medium Density Residential (RM). Pursuant to LOR Section 4.4.6(B)(3), within the RM zoning district multiple family structures of 6 -12 units per acre or less are allowed as a permitted use subject to compliance with the performance standards of LOR Section 4.4.6(1) if a density greater than 6 units per acre is sought. The proposed 14 units represent a density calculation of 10.67 units per acre (14 units I 1.312 acres = 10.67 units/ac). Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 @ - Concurrency: Pursuant to Section 3.1.1 (B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: . Water service to will be provided via connections to an existing 8" water main located within Gulf Stream Boulevard right-of-way (for Building 1) and via connections to an existing 8" water main in Webb Avenue right-of-way (for Buildings 2 & 3). P&Z Board Staff Report Meeting of September 19, 2005 Gulf Stream Villas Plat Page 3 . Sewer service will be provided via service lateral connections to an existing 8" sewer main located within Gulf Stream Boulevard right-of-way (for Building 1) and via connections to an existing 8" sewer main within Webb Avenue right-of-way (for Buildings 2 & 3). . Adequate fire suppression will be provided by one fire hydrant located on the northeast corner of Building #1 and one fire hydrant located on the northeast corner of Building #3. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The applicant has not submitted a traffic statement indicating the peak hour trips that will be generated by the development or the impact that the development would have on the Average Daily Trips (ADT). Due to the size of the proposed development (14 townhouse units) only 98 average daily trips will be generated and no problems are anticipated with traffic concurrency. However, a condition of approval is being attached that a letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County shall be provided. Once this condition of approval is addressed positive findings with respect to this level of service standard can be made. Parks and Recreation Facilities: The proposed fourteen (14) residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to 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 $7,000 will be required of this development for parks and recreation purposes. Solid Waste: The fourteen (14) units will generate 7.28 tons of solid waste annually (14 units x 0.52 tons of solid waste per year = 7.28 tons). The trash generated by this proposal can be accommodated by existing facilities; therefore, a positive finding with respect to this level of service standard can be made. Drainaae: Drainage will be accommodated on site via an exfiltration trench system with an outflow into the City's system. There should be no impact on drainage as it relates to this level of service standard. P&z Board Staff Report Meeting of September 19, 2005 Gulf Stream Villas Plat Page 4 Schools: The applicant has submitted the required letter of Concurrency Determination to the Palm Beach County School District and the City has received a letter of Concurrency Approval from the School District. Section 3.1.1 cg - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (Q) - Compliance with the Land Development Reaulations: . Section 5.1.3(A) Plat ReQuired: A plat is required for the subdivision of any lot, tract or parcel of land; and for the dedication, layout, opening or construction of any street, storm sewer, sanitary sewer, water main, or other facility for public use or for the common use of building occupants. The provisions of this section shall apply to all lands within the incorporated area of the City except as specifically exempted. Each unit has been shown on the plat as a separate lot and common area/open space has been dedicated as a separate tract. The submitted plat meets all other requirements. . LOR Section 6.1.3(B)(1)(Sidewalks): Pursuant to LOR Section 6.1.3(8)(1), a five-foot wide sidewalk is required along both sides of the streets throughout the development and a 5' sidewalk has been provided along Webb Avenue, Gulf Stream Boulevard rights-of-ways and on both sides of Gulf Stream Drive right-of-way. . LOR Section 5.3.1 (Riaht-of-Wav Dedication): Per LOR Section 5.3.1 (A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. Primary vehicular access to the development will be taken directly from Webb Avenue or Gulf Stream Boulevard. Pursuant to LOR Section 5.3.1 (0)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of- way width for Webb Avenue and Gulf Stream Drive is 60'. Currently, 50' of right- of-way exists for Webb Avenue and Gulf Stream Drive. The City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG) supported a right-of-way reduction for Webb Avenue and Gulf Stream Drive from 60' to 50' at their regularly scheduled meeting of September 15, 2005. P&Z Board Staff Report Meeting of September 19. 2005 Gulf Stream Villas Plat Page 5 According to Table T-1 (Street Network Classification and Improvements) of the City's Comprehensive Plan, Gulf Stream Boulevard is classified as a County Collector with an ultimate right-of-way width of 80'. It should be mentioned that the centerline of Gulf Stream Boulevard coincides with the municipal boundary line between the City of Boynton Beach and the City of Delray Beach. Currently, Gulf Stream Boulevard has a right-of-way width of 75' (50' north of and 25' south of the centerline) with the exception of the dedication of an additional 5' Roadway Easement along the Seacrest Boulevard Presbyterian Church Plat which makes Gulf Stream Boulevard 80' wide for this portion of right-of-way. At its meeting of September 15, 2005, the DSMG (Development Services Management Group) recommended the dedication of a 5' wide sidewalk easement along the northern property boundary. This 5' wide sidewalk easement has been shown on the plat along Gulf Stream Boulevard. Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission consideration. This project proposal is not within the geographical area requIring review by the Historic Preservation Board (HPB) or the Downtown Development Authority (DDA); However, it is within the geographical area requiring review by the Community Redevelopment Agency (CRA). Community Redevelopment Agency (CRA): The CRA considered the development proposal at their regularly scheduled meeting of August 11, 2005 and recommended approval. Courtesy Notices: A courtesy notice has been sent to the following associations and civic organizations: .. PROD - Progressive Residents of Delray .. Presidents Council .. Seacrest Homeowner's Association Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The development proposal to construct 14 fee-simple townhouse units is consistent with the Zoning and Future Land Use Map designations for the subject property. P&Z Board Staff Report Meeting of September 19, 2005 Gulf Stream Villas Plat Page 6 Positive findings can be made with regard to Concurrency and Comprehensive Plan consistency, as well as LDR Section 3.2.3 (Standards for Plat Actions). The plat and engineering plans will require several technical modifications, as listed in "Appendix B" - Technical Items section of this report, before it can advance to the City Commission. A. Continue with direction. B. Approve the preliminary plat for Gulf Stream Villas and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the C.omprehensive Plan, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. Approve the preliminary plat for Gulf Stream Villas and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan, subject to the following conditions: 1. That all comments under the 'Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action; and, 2. That a letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County be received; and, 3. That a total easement area of 10' wide be provided along the rear of lots 101-104 or a signed letter from FP&L, Adelphia Cable and BellSouth stating that a 5' wide utility easement will be sufficient. Attachment: . Appendix" An . Appendix "sn . Location Map . Reduced Survey . Reduced Plat . Reduced Site Plan S:\Planning & Zoning\BOARDS\P&Z BOARD\GulfStream Villas - Plat.doc P&Z Board Staff Report Meeting of September 19, 2005 Gulf Stream Villas Plat Page 7 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives 0-1 and 0-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. P&Z Board Staff Report Meeting of September 19, 2005 Gulf Stream Villas Plat Page 8 Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report Meeting of September 19, 2005 Gulf Stream Villas Plat Page 9 The following comments must be addressed prior to scheduling the plat for City Commission: Planning & Zoning Department Comments Technical Comments: 1. A Letter from Palm Beach County Traffic Division indicating that the. project meets the traffic performance standards of Palm Beach County be received. Plat Comments: 1. A second Notification of Utility Provider form was received from FP&L and a copy is attached. Please provide a 10' General Utility Easement along the rear of Lots 101-104 to service these lots. The G.U.E. should extend west to the proposed 14.5' wide north-south General Utility Easement. Environmental Services Department Comments (Note: At the time this report was written, updated comments from The City's Environmental Services Department has not been received. Some of the following comments may have been addressed) Plat Comments: 1. Provide digital copy of approved plat in format per City of Delray Beach Engineering. 2. Water easement language should match City of Delray Beach Standard language. Show water easement for fire hydrant at NE property corner. 3. Provide drainage easements for all proposed drainage. Show drainage easements along Webb Avenue. 4. Provide a detailed description of how each of these comments has been addressed with next submittal. Technical Comments: 1. Provide 6 inch deep sodded swale along Webb Avenue. No bubble-up structures are permitted in the right-of-way. P&Z Board Staff Report Meeting of September 19, 2005 Gulf Stream Villas Plat Page 10 2. Paving cross sections show asphalt paving - plans indicate pavers. Clarify which type of paving will be used. 3. Verify that no swimming pools will be constructed on the property. 4. Driveway approaches on Sheet C-5 should be revised to match Detail RT10.2. 5. Provide sidewalk parallel to property line along Gutfstream Blvd and Gulfstream Drive. Allow one foot (1') between back of sidewalk and right-of-way line - see City Standard Details RT 1.1 and RT 1.2. All sidewalks shall be a minimum of 5' wide. 6. Provide 12' water easement for fire hydrants located on private property. 7. Utilize existing water service for irrigation. A RPZ backflow preventor will be required on the irrigation service. RPZs are not required for residential water service. 8. Consider combining water services similar to double service Detail RW 2.1, using two meter boxes. 9. Combine sewer services using Detail WW 4.1. A c1eanout will be required on the sewer service at the right-of-way line and/or easement line. 1 O.Add typical configuration and location of proposed sewer services with c1eanouts. 11. label proposed and existing property lines in Sections B-B and C-C on Sheet C-6. 12. Provide detail for curb nosedown along Gulfstream Blvd. 13. Clarify handicap ramp locations at all intersections. 14. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to submitting Final Engineering Plans. 15. Provide on the plans current City of Delray Beach standard construction details as applicable. 16. All connections to existing water mains shall be made while the water main is under normal working pressure. If this cannot be accommodated, the design shall incorporate special provisions such as line-stops to minimize the impact on existing customers. Provide note on water and sewer plans. 17. Verify that sanitary laterals do not conflict with exfiltration trenches. 18. Show details for exfiltration trenches with proposed elevations of drainage and sewer lines. P&Z Board Staff Report Meeting of September 19, 2005 Gulf Stream Villas Plat Page 11 19. Provide note on the Landscape plans that there shall be no trees or shrubs placed within water, sewer or drainage easements. 20. Provide copy of approved Landscape plan. 21. Provide per LOR Section 2.4.3 (F) (4), a composite utility plan that show the location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage). The composite plan shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services. 22.A plat will be required. No building permit will be issued until the plat is recorded. 23. A certified engineer's estimate will be required for improvements to be maintained by the City. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 24. This project is over one (1) acre in size; provide a copy of FDEP Notice of Intent. 25. Developer may be required to contribute to the implementation of FEC "Quiet Zone" at Gulfstream Blvd and Gulfstream Drive. 26. Provide a detailed description of how each of these comments has been addressed with next submittal. ()o-.__ hlOG!:<IC>S"""'".......- 1_..---........'"-2S0......00,~_.f....._ ~ I ;:u 6 )> ~ /J) -I o ~ I -I ;:u )> ~ o )> o I Wi 101 1..' un (.t;. 9i- 1(r: ~ 10). ~i ..u)""~ jli HY! I i!ijil~ f ;; ._. 101 I li lln Ii 101 ,"" ~n'.l ;9 " /.,., 6 in'; ~ leI ~ i:.Y! c >> ...... " ;:;; ~~ 10.' l(.n II I ;!! .1 fN'\ ~;- ~ ,--. ?: j.[;-t 11 J)7 L________ " ~. ._~ C)~~',",;;;;~(}~' . -~j~ ,.;_~.:::~~..-~MP---:-~-.--,..---- _ _ _ _ __ ,. ." ....'~ ~ .. ,-,--,.. '.<.~i. ....._~~3. 1" ;(i)-'~"~' 5::, ('" "'. ---------- .Si? ". gH,G .. ~ ,':1 o I" m z 2 Iz I..... GUlf SlREAM BOULEVARD -'. - - 'io~- - -.. ."."" GUlF STREAM VIU.AS CITY OF DEl.RI\y BEACH f\.()flIM ,. alA\IBl'_ a A8IlOQA1E8, IIIC. EJtQIURS . P'I.NNJIS . Sl.InC1UIS ____.....I2._,...____J ........_,_INoJ__ ~..._s_u .....~_~ ...,-.,--~.- "'-___a____ "---~------- ,'- ~ 1I a PREPARED "OR: ICEl.lON Ml>olECf _.INC. PRE1JMlNARY EHOINEERING PLAN ,..~,.." ,...- .,-.."", '" ",,,,,-,,, '"' ,..._._",,",,-.~. ..-....".."..~, ,.,. ..~, "'" :_,~~,;;~,~,;....~:;;.;,;- '~~:<;...:;,;~"~:r~, 't~"-_. --...,.~..--= i.:::i:it;,~~~~f. TO: THRU: FROM: SUBJECT: DAV ~~EI MANAGER PAUL: DORLlNG, DIRE OR OF PLANNING AN~ONING NGUYEN TRAN, SEN R PLANNER ~7? ~~ MEETING OF MARCH 21, 2006 1~* CONSENT AGENDA*** APPROVE RESOLUTION NO. 15-06 ABANDONING TWO 20' WIDE ALLEY RIGHTS-OF-WAYS ASSOCIATED WITH GULF STREAM VILLAS TOWNHOUSE DEVELOPMENT, LYING WEST OF BLOCK C AND BLOCK D OF THE REPLAT OF BLOCKS 2-5, INCLUSIVE OF GULF STREAM ESTATES. ~.. <- I~ \ I.- In March of 1950, Blocks 2 through 5 of the plat of Gulf Stream E;states were replatted to become the Replat of Blocks 2-5 Inclusive of Gulf Stream Estates and subsequently recorded in Plat Book 23, Page 46. The replat eliminated Sea View Avenue from the original plat of Gulf Stream Estates and dedicated Webb Avenue right-of-way and two 20' wide north-south alleyways. The current request involves abandoning the two 20' wide north-south, rectangular shaped alleyways to the west of Block C and Block O. The alleyway to the west of Block "C" measures 20' wide by 270' long and contains 5,400 square feet (0.124 acre). The alleyway adjacent to the west of Block "0" measures 20' wide by 150' long and contains 3,000 square feet (0.069 acre). Both alleyways are unimproved and together total 7,400 square feet (0.169 acre). The abandonment request was submitted by Kelton Project Management, Inc., the applicant and developer of Gulf Stream Villas, a proposed 14-lot townhouse development. The applicant/developer intends to aggregate their reversionary portion of the alleyways (once abandoned) to be utilized as additional open space for the proposed townhouse development. At their meeting of September 14, 2005, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval for the construction of fourteen (14) fee simple townhouse units in three (3) two story buildings on the subject property. At its meeting of October 17, 2005, the Planning and Zoning Board approved the preliminary plat and recommended to the City Commission approval of the final plat for Gulf Stream Villas. The final plat for Gulf Stream Villas incorporates 10' of the 20' alleys and is being considered in conjunction with this abandonment request. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Adelphia Cable and Florida Public Utilities Company have also reviewed the requested abandonment, and have no objection. Florida Power and Light has identified overhead lines within both alleyways. BellSouth reviewed the abandonment request and also identified aerial facilities within both alleyways. BellSouth noted that their aerial cables are located on the same power poles as Florida Power & Light. Both utility providers (FP&L and BellSouth) stated that they do not object to the abandonment as long as a 10' wide utility easement is provided to them for their existing facilities prior to the abandonment taking affect. A 14.5' wide General Utility Easement has been dedicated on the plat of Gulf Stream Villas to accommodate these existing facilities. Additional background and a complete analysis of the request are found in the attached Planning and Zoning Board report. On July 18, 2005, the item was considered by the Planning and Zoning Board. Chairman Pike opened the public hearing and no one from the public spoke. The Board voted 6-0 to recommend approval of the abandonment. All conditions have been satisfactorily addressed. By motion, approve Resolution No. 15-06 to abandon two 20' wide alleyways lying west of Block C and Block 0 of the Replat of Blocks 2-5 Inclusive, Gulf Stream Estates, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5), Abandonment of Rights-of-Way, of the Land Development Regulations. Attachments: Location Map, Survey, Replat of Blocks 2-5 of Gulf Stream Estates, Resolution 15-06, and P&Z Staff Report of July 18, 2005 8~.1 '----'0 .---, UJ ~ U <I: - UJ Ul '-'- ...... - - ---- ----, ~.I~r ~,/ ~ ~ GULF STREAM DRIVE I-- =i\ \ \ \ I \ \ \ \ I@I~ ~ "II = -~~ \ \ \ \l \ \ \ \ 10 e ! ~ DECARIE STREET I ~ J .~ ~ : I I J l III .". I I I II ITl I I I J I '::_'_' ('.:1 j:""-O~ ,"A ,~ nnlll ~V~ Cl a:: <( > W -l :::> o CD SEA CREST BL VD. 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VISION 1 >-- : (PB 24, PC 102, PBCR) I 1 o 1(1) :11 .~ ~ I~ ! 7~ ~ . ; ~~ ~ .' ' ~~ ~ ~. i ~I ~ !:l ~~ ~ I!!." Ii G ~~ ~ ~ ~ ~i ~ '" .<< " 0:; 10 ~~ ~ e ~.~ . ~ ~h 5~ ~~~,~~~~ ~ ...~<<. il;!r g I ,~~ ~ ~ 9.. ~ i"'~ Il\;;:} ~ ~I~~~ ~~ ~ ~ ~ ~~ ~~ (k4~~~ GU~_~~~M-;o-"-,-rVARD~_ ~ ~~; "I C'>,j~. .,.. ..... 1625J'(P) "" 9'24'53" W(C) 162, 46'(C) J. 3'CONC*n I ~K I - . ----------- l / ,r---- ~l--j LOT 1 I -,.C_ '''-{ ------, ! r f;1 J LOT ~ l I LOT 1 /':t-.. ,~ ~~ .~ ~~ ~ ~~ ~ ~~ ~ a~ : ~g I ~~ ~ p ~ ~~ ~ o~ "i ~!: ~ ~ ~!d ~ ~o::;;; ...' , 0:; o~o' ~ . ~ ~~~ ~ :!:i~\~~~ g~ .~ i~~);~ ~ ~~~: ~ h iEi ~~ ~~18h is ~ Q:::i ...."'.... "'i ~~~~: ~~ ~~ - "~o J..I:J!: ~iti'U ~~ G ~s- en , .,. LOT 2 <J; ~O"I (L' U I- ~ 00 ::! aj" LOT 3 ~ . , ~ ~.,----- ------= J~~~ ~~~- i,~ C""^"" i\:l ---.:: I~ ~ --.J ~ ~ ~~:J ~ RESOLUTION NO. 15-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 20' WIDE NORTH-SOUTH UNIMPROVED ALLEY RIGHT-OF-WAY LYING WEST OF BLOCK C AND BLOCK D OF THE REPLA T OF BLOCKS 2-5 INCLUSIVE OF GULF STREAM ESTATES, LOCATED ON THE SOUTH SIDE OF GULF STREAM BOULEVARD, WEST OF WEBB AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 20' wide north-south unimproved alley right-of-way, lying west of Block C and Block D of the Replat of Blocks 2-5 Inclusive of Gulf Stream Estates (plat Book 23, Page 46), as more particularly described in Exhibit "A"; and WHEREAS, said application for abandonment of a public right-of-way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4. 6(M) (3) (e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on July 18, 2005, and voted 6-0 to recommend approval of the abandonment, based upon positive fIndings with respect to LDR Section 2.4.6(M)(5); and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive fIndings pursuant to LDR Section 2.4.6(M) (5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, as more particularly described as follows: ATTEST: See Exhibit "A" PASSED AND ADOPTED ill regular seSSlOn on this the _ day of ,2006. City Clerk 2 MAYOR Resolution No. 15-06 Exhibit "A" A 20 FOOT WIDE ALLEYWA Y LYING WEST OF BLOCK C AND BLOCK D OF "REPLAT OF BLOCKS 2-5 INCLUSIVE OF GULF STREAM ESTATES" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 46 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUA TE IN THE CITY OF DELRA Y BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 8,400 SQUARE FEET (0.1983 ACRES), MORE OR LESS. 3 Resolution No. 15-06 ( ":.-:; \,~ ~ ~_-" u -'-'- ~ ~ R ~~ M _~O"-,- tv A R 0 ~ ___ l--~: I I il ~ ~ ~h 16253'(P) il " 924'53" W(C) 16246'(C) I I -"'---------__-1] I r----- !c:--d:-J' LOT 1 ; -."'- I ."-/ ----~ I r ~I / .~,. ~; I " LOT,' , I II f;'R4:' " 1 L' ~ :1 &~ I I -~- ----d} fJ / j-- ~I '" 4.1, / Q ~ V) LOT 4 !~ 5 I; ~ I " LOT!4 t:..J ~~ ~~ ----j <=/ f- G3S cc~~,~ 4:" 4.1, >- <r: ~~_ LOTS <5i5~<r: 5;' ~; CIJGj~ ~~ _-:~ -j 'l:, >>> ~~ ::f1~ ~I~! ~ 0:: t:..J l... 8 LOT 6 ~ ~!li''''' J-.l-.i >--, ........ ;:s iB _ '(;:; 4.1 I ~(J)~ \j~ ~ -J, r - C/) ~ g ~ ~ ~ LOT? ~19 ~! " LOT 7 ~~~~~~ - - ~~ ! r · ~g o 0:: ~ ~:::s ~ : ~ LOT 8 ~I I I LOT:-j. i :~~ t ; ~2~~~~' ~3 - - ~ I' ~ - H ~ m ~~ ~ ....... t:..J It) 4:' I {~ ~ 11 ~~~~. ~ U -J -..J I ~ !bio' I , LOT 9 Cl "ti ~ ~ ~.,~ : U G: -J ~ ~ LOT 9 ~', i} ~~ i ~ ~i~ ~~ ~ E- 0 <r: ~~, 20' ~ ,,~_t-. -~ ~! ~ ; ~~~;~ ~ w ~ Q Cl ~ LOT 10 EI, .,,,~ LOT 10 ~d i M ~~ ~ ~ BJ t:..J ~ ~". () ~ I ~. ~ . ~~g ~< ~ if1 ~ ~asrl-: 'j i O~-:-.-N-89~;:;;5J"-E(C) 11932'(C)-111 r- i~: : ~~;;~ ~ <r: h. h. ~" c.. '[" ~< ~ "<-. "''''(P) . " LOT 11 .., . .~~ ~ ' 'l: 'l:" "., . . ,.; p ~ I I ~ ~~ ~ ~ g~';~ ~ ~ a:: ~ a: ~ g-.,u L E i3. Y R E ~ ~ 12 B.i.Y_ 4 ~ - -/ t- - ~ il ~ I ~i~~! u 11- . I' ~ I I LOT 12 ~ ~~: ~ :I~~: ~~ lL~il _ _ ':" .~' j~'. ':._1}. ~'~3~ r(e) ~i[l~%) J I fl._.- - ~ ~~ ~ ; u~ ~~ ~~ ~~ - c, ,. ~ ~ I ~ ~~ ~~ ~ ~~. i~ H ~i '':::' ~ .... ~I I I LOT IJ ~ ~i ~~: .~! ~~ u ~~ 20' .~ ~ it[ _ l~ j' I L- - -~ ,~ h; ~~~ ~; n I! c<>. ! j "'/ 4.1 1 I ~ ~~ "~~ :~~~! ~~ '-' ~ ~, ~ I LOT 14 Iii M ~., '~8 .~ " ~. -- "1 ~ ;-:-. I ...... "'s;. ~.. ~ ~ it: ....~ ~'. ~ LOT 2 ~'I ~ I \!.. i' .'~ 0 I~'~~' .. ,~ ! ~c ii5 ::-:11):;-& <=/1 f- Cl . ,0' '~..~ h'~ " a -.::i-- <0 ~ -....1;;. ~. ~ ~.~ ~>. p~ -. r. c. -" - -:;-::- -_. - - '" .", ~ I<.} / g; ~i .~ i~ ~~,~ q. h '. '.f?: Q v~, $;'1;1::::-",;:?-:>., ~ .~ ~-'~"l_,l. 0" . ,. '-/.:'Il ~~(j ;-';'1 I or 15 YJ ~ t'" "- ~~~ls! ~~!l1 Sl~ ~ \.--"'" ~ G ~~~ lOT J V') ~ ~ ~ i ~ I. I L Q ct:: "'~ "'\~ ..'!/,t..,h a: >-ill ~ 0 :~ Cl.r!.tJ ~r; I. f- '" "'~ ~ <5 co' - 0 TV -i5~'" "" Q:JI , iJ'! "'.UJ ~g~ir}l& trJi I LOTio LOr 4 _ ::;'-~!'2 4.11 L_ _ ~'"~}I~ Z:i /lOT1? I); :;, '" I I 0,: -~..v/o<--f-' _" -- ~I ,<l--!-Sl--! LOT 18 Lor 6 ;;;/ f I ~ , L_____ -1::" - \' 'I>< 8974'156""E(C) 87 39,!CJ ~~ii:' I ic ~\- ~ ... \"\ 20.6' ",urrwA Y 8'J J4 (P) :;;; I ~ '-~ <'i~e ,"~, ("'CRI!~G!) ~" ! ~~ ~': ,'.------- - - -le' - 1\ ", LOT 14 '" ~ DE CARIE SUBOI1 VISION h (PB 24. PC 102. PBCR) o Iffi :~ LOT 1 "' ~- ,~~ ~;~ '-' ~~ G _Cl_ --' Cl:l LOT 2 " ;:c:;: 0) 0:- g5 g <5--' LOT J :.~ ~ h a l ~ '. .. z~ ! 9~ "~ I i~; ~ ~. i b~ ~ o~ F;l ~~ ~ ~", /; ~ ~t ~ ::: ~'~ ~ '" iI~" ,. C(l .~< ~ Sl/ ~~~ . \!..~~~~5~ Cl~'~'~~ "" '~~'II! g I~" ~~ ~ ~ m ~~ ~ ~ u. ~, '" ::s,~;~ .~ c:i: ti5 "il~ ~~ c. '. o~+ 20.6' ALL!YWAY (ACREAGe) /l;; 1-;- - - J ~ I ~ i " t' g 1- LOT 5 r- I LOT 6 I ".. , -.~ JJ=========~ -J- ~~CAY^,h' .., ---..;--- iii ~ ~ ~ ~ ~ ~ ..7//k:7.....,,,... I ~ '" z / iK~~ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: AGENDA ITEM: ITEM: July 18, 2005 IV.E. Abandonment of two 20' wide alleyways lying west of Block C and Block 0 of the Replat of Blocks 2-5 Inclusive of Gulf Stream Estates, located south of Gulf Stream Boulevard, approximately 120 feet west of Webb Avenue. (Quasi-Judicial Hearing) l- (/) ...... 0::: U <( AQUACRfST ~ POOL TfNNIS COURTS ,IC ,\...f'.l'l rloD\... f'.d SC rllGP GENERAL DATA: Owner............. ..................... General Public Applicant............................ Kelton Project Management, Inc. Agent.............................. Craven Thompson & Assoc., Inc. Ed Ploski, A.I.C.P. Location............................... 20' wide alleyways lying west of Blocks C & D of the Replat of Blocks 2-5 Inclusive of Gulf Stream Estates Property Size........................ 0.169 Acre Existing FLUM Designation.. Transitional Current Zoning..................... RM (Medium Density Residential) Adjacent Zonings........North: Boynton Beach Zoning East: RM South: RM West: R-1-AA (Single Family Residential) Existing Land Use................ Unimproved rights-of-way Proposed Land Use............. Incorporation into a proposed 14-unit Townhouse development to be named Gulf Stream Villas Water Service...................... n/a Sewer Service...................... n/a IV.E. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of two 20' wide alleyways lying west of Block C and Block 0 of the Replat of Blocks 2-5 Inclusive of Gulf Stream Estates, located south of Gulf Stream Boulevard, west of Webb Avenue near the northeast corner of the City. This right-of-way abandonment is being processed pursuant to LOR Section 2.4.6(M), Abandonment of Rights-of-Way. On June 4, 1925, the plat of Gulf Stream Estates was recorded in Plat Book 12, Page 28 of the Public Records for Palm Beach County, Florida. The plat is bounded on the north by Gulf Stream Boulevard, on the east by Florida East Coast Railroad (F.E.C.), on the south by Decarie Subdivision and on the west by Sea crest Boulevard Continuing Presbyterian Church and Christian School. In March of 1950, Blocks 2 through 5 of the plat of Gulf Stream Estates was replatted to become the Replat of Blocks 2-5 Inclusive, Gulf Stream Estates subsequently recorded in Plat Book 23, Page 46. The replat eliminated Sea View Avenue from the original plat of Gulf Stream Estates and dedicated Webb Avenue right-of-way and two 20' wide north-south alleyways. The alleyway to the west of Block "C" measures 20' wide by 270' long and contains 5,400 square feet (0.124 acre). The alleyway adjacent to the west of Block "0" measures 20' wide by 150' long and contains 3,000 square feet (0.069 acre). Both alleyways are unimproved and together total 7,400 square feet (0.169 acre). The abandonment request was submitted by Kelton Project Management, Inc., the applicant and developer of Block C and Block 0, Replat of Blocks 2-5 Inclusive, Gulf Stream Estates. Block C presently contains two (2) one-story apartment buildings while Block 0 contains one (1) one-story apartment building. Both properties are currently owned by Gerald and Elizabeth Feblowitz as Trustees and are under contract with Kelton Project Management, Inc. The developer intends to aggregate their reversionary portion of the alleyways to be utilized as additional open space for a proposed townhouse development. The development proposal is to construct a two-story, 14-unit townhouse development within three (3) separate structures to be called Gulf Stream Villas. The project was recently submitted and is seeking Site Plan and Final Plat approval. Pursuant to LOR Section 2.4.6(M)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, Le. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. As previously stated, the alleyways were dedicated to the public with the recordation of the Replat of Blocks 2-5 Inclusive, Gulf Stream Estates. The subject areas once abandoned will be divided at the centerline and returned equally to abutting parcels. Planning and Zoning Board Meeting of July 18, 2005 Alleyway Abandonment-Replat of Blocks 2-5, Gulf Stream Estates Page 2 Utilitv Services "' The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Adelphia Cable and Florida Public Utilities Company have also reviewed the requested abandonment, and have no objection. Florida Power and Light has identified overhead lines within both alleyways. BellSouth reviewed the abandonment request and also identified aerial facilities within both alleyways. BellSouth noted that their aerial cables are located on the same power poles as Florida Power & Light. Both utility providers (FP&L and BellSouth) stated that they do not object to the abandonment as long as a 10' wide utility easement is provided to them for their existing facilities prior to the abandonment taking affect. Pursuant to LOR Section 2.4.6(M)(5), prior to any right-of-way a~~ndonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. As previously mentioned, both alleyways are unimproved and are surrounded by residential structures. The City has no intention to improve these alleyways for any public purpose; therefore, a positive finding can be made. B) That the abandonment does not, nor will not, prevent access to a lot of record. The abandonment will not prevent access to any adjacent parcel, as all affected parcels take primary access from Gulf Stream Boulevard, Gulf Stream Drive or Webb Avenue. In addition, the alleyways do not appear to have been utilized for secondary access. Therefore, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. As previously stated, access is not an issue with this abandonment since all affected parcels take access from other improved rights-of-ways. No City Utilities have been located within the abandonment area; however, overhead electric and telephone cables have been located within the area proposed for abandonment. The existing utilities will be accommodated through the reservation of a general utility easement so that the provision of utility services to adjacent properties or the general area will not be affected. The development proposal is not within the geographical area requiring review by the CRA (Community Redevelopment Agency), the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy Notices provided to the followina: . PROD (Progressive Residents of Delray) Presidents Council Seacrest Homeowner's Association . . Planning and Zoning Board Meeting of July 18, 2005 Alleyway Abandonment-Replat of Blocks 2-5, Gulf Stream Estates Page 3 Public Notice: ~~ Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. As the subject right-of-way is unimproved and is not being utilized for primary or secondary access, its intended use is limited. It is further limited by its location within the middle of a residential area. The abandonment would not impair the provision of utility services or access to adjacent lots since a general utility easement will be retained over existing facilities. The purpose of the abandonment is to incorporate the vacated area into an overall unified development which will allow for a better development. 1. Continue with direction. 2. Move approval of the request for the abandonment of two 20' wide alleyways lying west of Block C and Block D of the Replat of Blocks 2-5 Inclusive, Gulf Stream Estates, located south of Gulf Stream Boulevard, west of Webb Avenue near the northeast corner of the City by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5), Abandonment of Rights-of-Way, of the Land Development Regulations. 3. Move denial of the request for abandonment by finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Move approval of the request for the abandonment of two 20' wide alleyways lying west of Block C and Block D of the Replat of Blocks 2-5 Inclusive, Gulf Stream Estates, located south of Gulf Stream Boulevard, west of Webb Avenue near the northeast corner of the City by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5), Abandonment of Rights-of-Way, of the Land Development Regulations subject to the following condition: 1. That prior to City Commission action, a sketch and legal description of a 10' wide general utility easement to cover existing overhead lines be provided to accompany the Abandonment Resolution. Attachments: Location Map Reduced Survey Reduced RePlat of Blocks 2-5 Inc. Gulf Stream Estates S:\Planning & Zoning\BOARDS\P&Z BOARD\Alleyway Abandonment-Replat of Blocks 2-5, Gulf Stream Estates.doc g. $ ~ ; o '"'l n o c Z o-J --< n o s:: to to o Z ('l ;Xl 1;.0 i f '. ~.:.~ ::~. .~~.t~ .. r; .~ " 0 "'- *- -: ~ 3 ~ t t , ~ ~. ~ : , + . . 'r f :- ; ~ ~ , ,. ... ;. ~ ~ to C n tI> ;Xl oo-J < c:> r'l zo-J --< o-Jr'l ~ --<0 tI> 0'"'1 ",-'"'I ('l 'U r r'l >0 :n r~ j 3:0 '"'I Ill> n ('l > )- o-J n ('l ::c "" ~ ftg ~: ~: ,~ . ~ ~ ~ ; ~~~~ .... ~ : .t ~:;. ~ :1:::;, : ::; ":- ~;;- t.. ~. ~ -:: ~ ;;~...- tn Cl... c... '-~;:c tit ~D-:-CM ~~~~~ 17-~ = t.Qt]1 ~~;~~ ~ e ~ rtn ~~~~g '" ~.. o-i ; ~ 1'~~ ~_2;;' ~~ ~ ... 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Q .. .... t . :r ~ . . ~ HH~HHH;~ ;, ::;-.;~t!~.;-~,~~ i.~1jH~fl;1' o!!~ .! . !" , u , i . I M ('ltl> o~ n Co-J ~r'l -<0 o~ _, "'1r ::!o r~ ;;::0 Ill> r'l > n ::c lR tA n ::c r'l tn :0 o-J r'l en !:Jg'll "1;0)0<_1 " I:1r~ r~r'l;::'"Ti )- - 1:1 Ill,....v :>:~-r'l\-rj r'l..; ;>: )0 l ~{ ~i::;2g)> ;Xl~~n~ o-Jo 0;:::... ::c r'l III C ;,,;>: 0 Z r~ oo-J\-rj )- ;i- :>: --< l ~{ , ~ 0.0 ;:! en )o~)o......] zl:l ~ o r'l "to.: tI> N ,Y' ~ '" -i ~ ['It ~ en ~ I S ~~P'~~!~~ " "'';"!r "., - .~~ ~ " i~'T"" '" ~ ""p- f f ~ .~ 1.1, r ~a ~ I ~ .. t:ri~~~ '- "' J "'~",.~ '. ~.~t'o, '. " of' } ,.~- . ~ z . D ! = I " .. .. z . ~ z . z G C r ~ OJ b::O Or1 ;>;:'"0 en! )> [\).-1 I (JIo z'T1 o r ~' OJ 01< j~ fROM: DAV~~~ANAGER PA"- tciRLlNG. DIRtJ"OR OF P~NG AND ,ZONING JAMES G. CAIN, SENIOR PLANNER/~ ~,4- MEETING Of MARCH 21, 2006 **CONSENT AGENDA** ACCEPTANCE Of A RIGHT-Of-WAY DEED ASSOCIATED WITH 738 SE 5TH AVENUE (JEff fRANC). TO: THRU: SUBJECT: The subject property is located on the west side of SE 5th Avenue, south of SE 7th Street. The applicant is proposing to convert an existing non-conforming duplex to a mixed-use development containing 750 sq. ft. of retail and a residential efficiency. As a condition of site plan approval, a right-of-way dedication of four feet (4') for the abutting alley was attached as a condition of approval. The property owners (Jeffrey & Nadine Franc) have executed a right-of-way deed form dated February 21, 2006 dedicating this right-of-way and the form has been notarized and signed by the property owners. Exhibit A depicts the four foot dedication area. It has been reviewed by the City Attorney's office for legal sufficiency and form, and determined to be acceptable. By motion, accept the right-of-way deed associated with 738 SE 5th Avenue. Attachments: · Right-of-Way Deed · Location Map/Survey ~C- Prepared by: RETIJRN: R. Brian Shutt, Esq. City Attorney's Office 200N.W.1stAvenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this ~ day of Fe... 1.0 . , 20~, between ~~ff~~.-\ M4rL-.o F"'t:"-\."'-c , with a mailing address of 815"0 TW 11\.\ LAke- O~ B~c.A ~Tlll-.::J fl ~~A~),arty of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of lOa N.W. lst 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 "AJJ 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 HA VE 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 use, 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 first above written. ~SSES:~ '~~r>?~ (Name printed or typed) ~.~ ~ ---ec 0 '" r5/l1'1'f7- () r-( f}6 A'Y (Name printed or typed) ST ATE OF -y::Zt9e./;i) 4- COUNTY OF ?NAn ~ ~ PARTY OF THE FIRST PART B~~ _~_~/C (Name p ed or typed) ~~ ix- F-;n c- / -z::. /J The foregoing instrument was acknowle4ged bgore me this~ / day of Tt:"-I.:J&IJ.I2I/ , 200~, by ,H.<::h<./e....d )(/;iin€7~ t. (name of person acknowledging). Signature of Notary Public - State of Florida / Personally Known OR Produced Identification Type of Identification Produced: Print, T of No e 2 Feb.21,2006 Nadine and Jeffrey Franc are the sole owners of738 Southeast Federal ave, ~ ~nomortgage. ~6{/~ ~~~ C.- ---====- if ~h;- _J t5-fJ_...!~J~'f-__ F RA 1\1C I / FeL3 2/ .:L(DO t( ,,'~~ri:;;;; ELSA M. PALOMARES t:r-;K"\~ MY COMMISSION # DD 160365 ~,~'s~! EXPIRES: December 2, 2006 ~""~iif.;ft-~.' Bonded Thru Notary Public Underwriters 1150 E. ATLANllC BLVD. POMPANO BEACH FLORIDA 33060 ACCURATE LAND SURVEYORS, INC. L.B. #3635 TEL. (954) 782-1441 FAX. (954) 782-1442 LOCATION SKETCH NOT TO SCALE o~o~ 1. C ~\ <?1. '. '2>1-~'2>C~ \)~ EXHIBIT -A- w SW NW s N SE NE '6' ALLEY W. UNE OF LOT 20 BLOCK 13 ~~~ I 5~O~ I 1 I 1 I 1 I 1 I gl Ig 61 16 1 I I 1 ,~ Bt~l~3 ,~ I I I I I I I I I I I 1 r- - - - - - - - - - - - ~o~'_ - - - - - - - - - - --j I~ ~I ~ ~ L-----------~~~~~~:~:;r---~ 1~~0 S.E. 5th AVENUE GRAPHIC SCALE 1'_10' 4' RIGHT OF WA Y DEDICA TlON: THE WEST 4.00 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND; LOT 20. LESS THE EAST 5 FEET THEROF. BLOCK 13 OF OSCEOLA PARK. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 3. PAGE 2, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. RE\1S1ONS DATE DATE 02-07-06 DRAWN BY MLW CHECKED BY MLW BY FIELD BOOK FILE E CERllFlCA 1l0N: WE HEREBY CERTIFY lHA T lHE ATTACHED SKETCH Of lHE HEREON DESCRIBED PROPERTY IS lRUE AND CORRECT TO lHE BEST Of OUR KNO\\\.EDGE AND BELIEF AS DELINEATED UNDER OUR DIRECTION AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. I FURlHER CERTIFY lHA T lHlS SKETCH MEETS lHE MINIMUM TECHNICAl STANDARDS FOR LAND SURVEYING UNDER RULE 61017-6 FLORIDA ADMINISlRATIVE CODE, ADOPTED BY lHE FLORIDA BOARD OF LAND SURVEYORS, MAY 1995. P2~ 52;o.~-o~ ROBERT L. THOMPSON (PRESIDENT) PROfESSIONAL SURVEYOR AND MAPPER No.J86S - STATE Of FLORIDA SCALE ,"= 10' ~~~ SU-06-0434 [IT' DF DElRA' IEA[H DElRAY BEACH F lOR I [) A tIaI:II AII.America City , 11I1!m ~ 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000 MEMORANDUM David T. Harden, City Manager 19~~ FROM: 2IJRobert A. Barcinski, Assistant City Manager DATE: March 13,2006 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 21, 2006 APPROVAL SPECIAL EVENT EASTER SUNRISE SERVICE ACTION City Commission is requested to endorse the Easter Sunrise Service to be held on April 16, 2006, to grant a temporary use permit per the LDR's Section 2.3.6(H) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of the pavilion, and authorize staff support for traffic control, and barricading, EMS presence. BACKEiROUND Attached is an event permit request and letter received from Reverend William Stokes on behalf of the Delray Beach Clergy Association along with a site plan, budget, and schedule for the service. Commission is requested to endorse the Easter Sunrise Service, to authorize the use of the beach pavilion and closure of South Ocean Boulevard, and to provide staff support as listed. The service will start at 6:30 a.m. and end approximately at 7:30 a.m. No staff overtime costs will be incurred. Police and EMS assistance will be provided with on-duty personnel. Police officers with the assistance of volunteers will put up and take down the barricades. Although a minor event, City Commission approval is needed to obtain an FDOT permit for the closure of South Ocean Boulevard. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the street closure, use of the pavilion, and provide staff support as requested. RAB/tas cc: Joe Weldon Captain Joe Milenkovic Fire Inspector Lt. Jim Tabeek Harold Bellinger Jim Schmitz File:u:sweeney/events Easter Sunrise Service Special Event200tfHE EFFORT ALWAYS MATTERS @ Printed on Recycled Paper oD FROM :ST PAULS EPISCOPAL CHURCH SIHrinK Cammitt= (Jf the DeJr,y 1JfJtIcb Clt:rK)' Aa~ocIlltioD The Rt'vereod ROil Arflin. (.'/u,pMn Abbey Delray South Delra)' Reach Helen M, A~J\lcy CJJn:ftilln Scicnre PractJriOTler Fir~l Church of Christ, Scientist Delny BlliIch The Keverend ~l1aron Auslin, p'1.f(f)( ClIlion Methodi'l CJ\urch Delruy I3llach Fred M. Elwnrthy C."'h,isrillJ1 Science PrsclilioDer FirKt Church of ChriHt, Scientist Delruy BelIch T)le Iolcvcrend Elizabeth L. Hill. ASGOC/,,~ Church of the Palms United Church of Cllli~t. Dlllray Reach The Reverend Philip A. Killle. Ph.D. C./1/1plsin Hospice of Pillm BelIch (:ounty The Reverend William Qlljek, Ph.D. Federation of Christiall MiniKtrit:li Delray Reach F:lder Mujur Rollins. P/I,vtor St. John Primilivc HaptiKI Church Dclrll y Belich The keverend William Ii. Slokes. Rec/or Sl. Pllul Epl.olcopal Church Delray BCllch Rahhi Dr. Cbll!m 1. Wender Temple Sinm DelTay lkucb C~\ll!or )elmifer Werby Temple Sinai Dt:lnlY BNleh FAX NO. :5612760304 Feb. 16 2006 03:12PM P2 Febmaty 15. 2006 City of Delray Beach 100 NW First A venue Delray Beach, FL 33445 Attn: Robert A. Barcinski, Assistant City Manager Rc: Special Event Easter Sunrise Service Sunday, Apd116, 2006, from 6:30 8.m. - 7:30 a.m. Dear Mr. Barcins.ki.: On behalf of the members of the Delray Beach Clergy Association, I submit the following informatiun required under Policies and ProcedurclI/Spedal Events. For many years OUf Association has sponsored the Annual Easter Sunrise Service. The service has been held at the pavilion on North Ocean Boulevard and Atlantic A venue. People gather on the sidewalks and the Sl.rcct, as well as on the heach. They may begin to arrive around 5:30 a.m. The start time of the service is 6:30 un. and will conclude by 7;30 a.m. It is e.<ltimated that over one thousand people attend lhis religious historic event. A collection is invited with the proceeds going to benefit those in need within the Delray Beach area. Under ill General Policies, Section T, we submit the following; Minor Event - Initial. requests must be submitted to the City Manager 01' his designee at least 45 days prior to the event which, in this year of 2006 falls on Sunday, April 16, 2006. The pennit(s) and all back up materials will be submitted at least 30 days prior to the event once they are received. Site Plan: Pavilion and approximately 50 to 75 feet from the south comer of Atlantic Avenue 011 North Ocean Boulevard is required for the people, many of whom bring fheir own chairs, to sit or stand in the street or on the sidewalk. Parkin, Plan: The people have been parking their vehicles wherever legally ava.Hahle, including curb parking, and spaces off the street. Trame Plan: Police barriers would be helpful and (1) a police or other trained non-sworn personnel presence to direct. traffic off Atlanitc Avenue and NOl1h Ocean Boulevard a~ well as direct trufflc fol' pedestrian safety. FROM :ST PAULS EPISCOPAL CHURCH Stet!ri1Jg Cr>>nmJtr~ oftlJe Ddn.y lH:8ch CJ~IY A89OCi1ili01l Thc Revcl'Olld ROil Arl1ill, Chap/ai" Abbey Delray South Defray ~eueh HlllOft M. A~hley (.'hd'UJI/1 Sci(J1}C8 ITlctiU(Jl/DJ' Fm-t Churcb of C':llrist, ScjClltist l>ClrllY BeIleh 'The Revercnd Sharnn Alutin, PA.tr)(' CalCnn Mcthndi.~t Church Delray Beach Prod M. Blworthy Cbri~ti"JI Scienec Pr1IctllinnCl' f1lrs1 Church of Chrin, Sciantillt DelrllY Beach TI1e Reverend Hli7.ahc:th I.. Hill, AKliOCisle Church ohhe Palms United Chl1fcb of Christ. Dclrll y I3euch The ReveTcnd Philip A. Kiltle. Ph.D. Chap/ain Hnsflice of Palm Beach CUllnl)' The Reverend Willil1m Quick, Ph.D. Federation of L'"hriRtian MiniNtrieI; f>cII'lIY Reach Elder ~or RolJi"s, PMnr St. 10hn Primitive Baptiwt Church Delray BelIch The Reverenu William H. Stokes, Rector 51. PUlll Ilpist:llplll CbllTcll Delray Beuah Rabbi Dr. Chlllln 1. Wender Temple Sinai Delray lleuch Cantor 1enoifer Worhy Temple Sinui Ot!lnty Beach FAX NO. :5612760304 Feb. 16 2006 03:13PM P3 February 15,2006 City of DeJray Beach Special Event Easter Sunrise Service Sunday, April 16, 2006 trom 6:30 a.m. - 7:30 a.m. Page 2 Maintenance/clean-up Plan: There usually is very little debris following the event. NOTE: Pavilion: Electric outlet at the pavilion shorts-out, thereby requiring J'epair. The outlet is necessary for microphones and loud speakers. T ,ocation of the outlet i.s under the north east corner of the pavilion. Fee: (C) In as much as we faU under the category of a non~profillcharit.able organization and the sponsor of this annual historic event, which, for your purposes is classified as a Minor Event. If con-ect, we believe any costs to the city for a maximum of two years will be waived. This is our second year of presenting to the city our proposal based on your requirement". Should you require further information, please contact me at (561) 276-4541. Thank you for every consideration. g ..~ William . Stokes Rector, St. Paul's Episcopal Church President, Delray Boach Clergy Association City of Delray Beach Special Event Permit Application DElRAY BEACH ~ 'r 1993 2001 Event Approved/Denied Approved/Denied by PLEASE PRINT Date of Approval/Denial Title 1. 2. 3. 4. 5. 6. 7. 8. Event NamelTitle: e- a ~UV1Vt~ rSevvi c.L; Event Date(s): 5 ria A . Event Time(s): UK,- j) .f20UCe (?-O()(p 'Ej~(J 7!&.- 9. Ir-L-r- (If n ighborhood block party, question #36) Sponsor Category: (please check) City D Non-Profit/Charitable ~rivate D Co- Sponsor - Non-Profit/Private D Chuyd'\€S d: S<jn50:JvJ.-S (If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19)) Event Location/Address: . . vnev S. C> to 10. .s.()~ . A ft-o:JrG ~~' 12. Site plan attached:1he.NO M.( (Site plan required for entire event site) Event budget attached: (Required for all events) Serving or selling alcoholic beverages: yes no ~ (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes tJ I A- no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) Requesting Police assistance: (Traffic control/security) no 13. 14. 15. 16. v/ / no no yes yes 1 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. yes / Will supplement with private security: (If yes, need plan attached) Requesting Emergency Medical assistance: yes /' c0':.e5t.JttQ......J no Requesting barricade assistance: yes,/ lM.....~IIAlh1 no Requesting trash removal/clean up assistance: yes ~~ no ~ Requesting trash boxes and liners: yes no=Z::== Requesting stage use: yes no~ (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage : yes Type: Event sign (4'x4') Directional signs Banner hanging Indicate dates required {Waiver required if more than one (1) week prior to event} Food and beverage vendors: yes no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event no no ~ ~ no no no ...../ V /' V Health Department approval: (see attached) yes _ Other vendors: ~ ()...n,~ ~l&+-yes v lefttg-: ~I,)",,~ ~ co(feL s~( G,M-~e~-L..L-...L (If yes, tent permits and fire inspections riiayb~cJ) Will the event include amusement rides? requiring state approval? yes no (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) ~ yes no /' ~ 33. Will the event be gated? (Show on-site map) Will there be fireworks or other pyrotechnics? yes (If yes, contact Fire Marshall) Will there be cooking with compressed gas? yes (If yes, contact Fire Marshall) Will you be providing port-a-Iets for the event? yes no (If yes, locate on-site map. If no, indicate how you will handle restroo~ needs) v Will there be a charge for the event? yes no _ / (If yes, indicate ticket prices) ~ Is reserved parking requested? yes no (If yes, indicate locations) / 7 ~/ no no 34. 2 35. Nei hborhood Block Parties Hei hborhood block artiesonl · Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) · Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event. 3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the ev t. J ' ;20- ()p Event contract9J/cpordi-,or _ I J, . Date Pleas~,'print: "J //1 ~ . v/t/rt!'..f A ?/?"Ilg{Irl/ -A/~ ~,4t't "C!t"1~ #~h)CI4~~ Please enclose the appropriate non-refundabfe application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Onl Date Received \0 Application fee received $lD' Site map v:: Budget v Certificate of insurance Hold Harmless agreement Security plan - Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval -- tI~ 3 FROM :ST PAULS EPISCOPAL CHURCH FAX NO. :5612760304 Feb. 16 2006 03:13PM P4 Delray Beach Clergy Association Easter Sunrise' Service Sunday, April 16, 2006 Event Budget City Permit $50.00 Programs donated by Printing Plus Sound/Music Equipment fee rental from Marathon Music Sound Tech/Set-Up All Program Participants $200.00 gratis - churches and organizations Coffee Church complementary - Cason Methodist Ushering Service gratis - Boy Scouts and Kiwanis Van/Equipment Transport free use from Cason Church parishioner City Services (Police/Fire/Ambulance) As per city's Special Event Policy TOTAL KNOWN COSTS $250.00 Revenue $5,000 (Collections - Donations) '-- "'\....,../' ~ '-"~ .G. A/LArine... AVE zoo iii ~ ~s ,.,f): $e,f-:up 1dN.hl cJ..u; oS ~ s-tr-fd fAL.I;'<] pttvJ!llni ,j'la.,ti/~ ~ t.rl & :JT;; AM. ~ ~ MIR.AfI'\1\~ bR., . ~ .rJ "":(: . ~ bb1: 1 -D~ lY . _J1~q ~ ~:/~~_ Vl pr ~or. ((tllttrr ..... ~ . fAJewr eM6 m b:& c/J~ 7: 319 Mvt kM-h ~ I'" b8Y.. . S i/~ Gf Sun rlSQ ~ice Sb..rhYl3 ~;30 l2.tY\ ~ .~" (Sd--l.l-p k;;;ns 5: 30 A 1'1 ) ~ ~~~ 3~IddO S~~VNVH AlI~ 66lLCtZl9S YVd ZZ:Ol SOOZ/OZ/lO FROM :ST PAULS EPISCOPAL CHURCH Prelude Call to Worship Invocation Welcome Hymn Medley.1 Scripture Reading Special Music Gospel Reading Special Music Sermon FAX NO. :5612760304 EASTER SUNRISE SERVICE APRIL 16, 2006 6:30 A.M. . ORDER OF WORSHIP Offertory Statement and Prayer Hymn Medley II Benediction Feb. 16 2006 03:13PM P5 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERt1J1 AGENDA ITEM # SE - REGULAR MEETING OF MARCH 21, 2006 MEMORANDUM OF AGREEMENT (}dOA)/ AREA AGENCY ON AGING OF PALM BEACH/TREASURE COAST, INC. TO: SUBJECT: DATE: MARCH 17, 2006 Approve a Memorandum of Agreement (MOA) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for a three (3) year term for the Senior Immunization Project. The Senior Immunization Project is a collaborative community partnership, sponsored by the Area Agency on Aging of Palm Beach/Treasure Coast, Inc., to prevent illness in the senior population in Palm Beach County. The purpose of the Senior Immunization Project is to reduce mortality and morbidity among the elderly from vaccine preventable diseases by increasing the number of seniors aged 60+ who receive influenza, pneumococcal, and tetanus vaccines. The City participated in the 2005 Senior Immunization Project and would like to renew the partnership for another three (3) years. Recommend approval of a Memorandum of Agreement (MOA) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc. for a three (3) year term for the Senior Immunization Project. S:\City Clerk\agenda memos\CM Agency on Aging Agmt 032106 f~ ," (X:\ aaa ~Vj ~~ :e~r~.~~%:i Answers onAging. Assistance. Advocacy. February 22, 2006 EMS Division Chief Robert Moreland Delray Beach Fire Rescue Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Rob: On behalf of the seniors in Palm Beach County, we would like to take this opportunity of thanking the paramedics of the Delray Beach Fire Rescue Department who have participated in the 2005 Senior Immunization Project. All of us should be extremely proud of our efforts to improve the health of seniors in Palm Beach County who do not have access to healthcare. It is now time to renew the partnership between the Area Agency on Aging Palm Beachffreasure Coast, Inc. and the Delray Beach Fire Rescue Department for another three years commitment to these seniors. We appreciate your flexibility in scheduling, rescheduling, and finally combining host sites due to forces way beyond our control, namely Hurricane Wilma and its aftermath. For your edification, we have included a synopsis of the clinics that were held in Delray Beach during the 2005 Senior Immunization Project campaign: Serving Seniors in Palm Beach. Martin . St. Lucie. Indian River. Okeechobee Counties Palm Beach Office: 1764 N. Congress Avenue. Suite 201 West Palm Beach, Florida 33409 (561) 684-5885. Fax (561) 697-7250 SC 256-7239 . SC Fax 256-7250 DBPUI'MENT OF Treasure Coast Office: Orange Blossom Business Center 4160 Okeechobee Road. Suite 55-4 Fort Pierce, FL 34947 (172) 467-0008 . Fax (172) 429-2172 ELDER AFFAIRS .........- Funded in patf by the stBle of Florida Department of Elder Affairs -- " .. Date Host Site Influenza Tetanus Pneumonia Oct 17,2005 Mae V olen Senior 18 6 2 Center Alzheimer Care Delray Beach October 18t 2005 The Caring Kitchen 55 18 10 November 7, 2005 Lake Delray 98 11 7 Apartments November 10, 2005 Mae V olen Senior 39 14 2 Center Alzheimer Care Delray Beach November 15,2005 Groves of Delray 25 6 2 Apartments November 29, 2005 Mt. Olive Church 11 11 1 December 5,2005 St. Paul's Episcopal 101 28 14 Church Ongoing DBFR homebound 8 0 0 program Total 355 94 38 Enclosed please find two copies of the Memorandum of Understanding between AAA and the DBFR department. We would appreciate it very much if you would return an original copy to AAA, attention: Joan De Vaughn and retain the second copy for your records We look forward to planning and working with you to improve the health of low-income seniors in the fall of 2006. If you have any questions or concerns, please do not hesitate to contact either Joan De Vaughn, 561-684-5885 or Anita Hare Goldfeld, 561-236-9629. Sincerely, ~ Anita Hare Goldfeld Elder Care Immunization Specialist ~, aaa lVJ ~~ :e~r~..?-~~ An.su.oen on Aging. Assistance. Advocacy. MEMORANDUM OF AGREEMENT The Senior Immunization Project is a collaborative community partnership, sponsored by the Area Agency on Aging of Palm Beachffreasure Coast, Inc., to prevent illness in the senior population in Palm Beach County. The purpose of the Senior Immunization Project is to reduce mortality and morbidity among the elderly from vaccine preventable diseases by increasing the number of seniors aged 60+ who receive influenza, pneumococcal, and tetanus vaccines. This Memorandum of Agreement, dated 2006, is between Area Agency on Aging of Palm Beachffreasure Coast, Inc. (hereinafter referred to as Agency on Aging) and the City of Delray Beach, (hereinafter referred to as City). In consideration of the mutual promises and covenants herein contained, the parties agree as follows: Term This Memorandum of Agreement shall be for the period of July 1, 2006 through March 1, 2009. Services: 1. The City agrees to provide influenza, pneumococcal, and tetanus vaccinations to individuals, who present at the host sites approved by the Senior Immunization Advisory Committee site selection team that are within the City's service boundaries. The number of total vaccinations will be based upon mutual agreement with the EMS Chief and the Agency on Aging, as well as vaccine availability. The Agency on Aging will notify the City at least four to six weeks in advance of the date, time and location of each site. The immuni7.aUOns will be given each year starting between October 1 st and October 15th. 2. The City will provide copies to Agency on Aging of the Client Registration Form, with all personal identifiers removed, on the 15th of each month that immunization are provided, beginning November 15th. 3.The City will pick up vaccinations from the Health Care District (HCD) Pharmacy distribution center in West Palm Beach, (at no cost to the City) and store any unused vaccine as recommended by the manufacturer. 4.The City will keep a record of the number of dosages checked out each day and the number of dosages used at each site. This information will be provided to Agency on Aging on the 15th of each month beginning November 15th. Serving Seniors in Palm Beach . Martin . St. Lucie. Indian River. Okeechobee Counties Palm Beach Office: 1764 N. Congress Avenue. Suite 201 West Palm Beach, Florida 33409 (561) 684-5885. Fax (561) 697-7250 SC 256-7239 . SC Fax 256-7250 DUAKI'JOHTOP Treasure Coast Office: Orange Blossom Business Center 4160 Okeechobee Road. Suite 55-4 Fort Pierce, FL 34947 (172) 467-0008. Fax (172) 429-2172 ELDER AFFAIRS ...........- Funded in patf by the State of Florida Department of Elder Affairs , . Senior Immunization Project Memorandum of Agreement Page 2 of3 Compensation 1. A total of $1 00.00 for stipends to Fire Rescue personnel for influenza immunization training which covers the training up to 10 personnel, based on approval of the Agency on Aging. 2. $200.00 stipend for supplies. 3. Upon execution of the initial Memorandum of Agreement, the Agency on Aging will provide funding for two coolers with ice packs and thermometers to the City. Cooler will be used in transporting vaccinations to the host sites. The coolers will become the exclusive property of the City upon termination of this Memorandum of Agreement, or otherwise, returned to HCD Pharmacy. 4. The City will be issued a check in an amount to be determined by the number of personnel trained, within thirty days of the execution of this Memorandum of Agreement TerminationlExtension This Memorandum of Agreement is subject to termination, prior to its expiration, upon either party delivering to the other party written notice of intention to terminate this Memorandum of Agreement, which will become effective immediately thereafter, or, later upon written mutual agreement of the parties. This Memorandum of Agreement may be extended beyond the initial period upon written mutual agreement of the parties. This agreement is further subject to availability of funding to support the project. Governing Law This Memorandum of Agreement will be interpreted and construed in accordance with and governed and enforced by the laws of the State of Florida. Whole Memorandum of Agreement This Memorandum of Agreement constitutes the sole and exclusive understanding and agreement between the parties with respect to the subject matter hereof, and shall not be modified except in writing by the parties. Senior Immunization Project Memorandum of Agreement Page 3 of3 In Witness thereof, the parties have executed this Memorandum of Agreement. Signed by: ~ -r;1. D 3!rJ ~(, City of Delray Beach ~~ ~ Area Agency on Aging of Date City Manager Palm Beach Treasure Coast, Inc. Jaime Estremera-Fitzgerald, Chief Operating Officer City of Delray Beach Date City Clerk J~P0wriJm ~hlOfR City of Delray Beach ~ M6t. City Attorney DA , [ITY DF DElRAY IEA[H CITY ATTORNEY'S OFFICE ~\JI) 0:\V hI AVENl'!e.' DELR.AY BEACH, FLORIDA 33444 lLL.LPHONE: :)6]!~'-i-; ;()()O. FACSIMILE: 5611278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH F lOR IDA t&8.I:II All-America City , 1111 ! DATE TO' 1993 . MEMORANDUM March 16, 2006 City Commission 2001 FROM: Susan A. Ruby, City Attorney SUBJECT: Auburn Trace - Addendum NO.3 to Contract for Sale and Purchase and Cross Easement AQreement Addendum 1. The Addendum provides that the Seller shall be given an extension to close on the property no later than April 30, 2006 in exchange for giving the City and the School District a Cross Easement for the use of a portion of the site for drainage. 2. At closing, the City shall execute a subordination agreement and the Seller will pay to the City $356,515.84 which will be in full payment of one of the notes. 3. The City further consents to the sale of a limited partnership interest to Mr. Hinners. The Cross Easement AQreement 1. The Cross Easement Agreement gives the School District, Auburn Trace and the City (subsequently Headstart) the ability to use the drainage facilities on the land. The volumes are being determined. 2. The School Board will construct the drainage facilities on the site and replace any facilities if needed for Auburn Trace Drainage including irrigation facilities and equipment on the site. ~~. , 3. Auburn Trace will be able to use the drainage and irrigation facilities to the extent it currently uses its drainage and irrigation facilities. 4. Thereafter, the City will maintain the drainage system on its property and the School District will maintain the facilities on its lands. I am hoping to receive finalized agreements as to volumes and other particulars for your meeting on Tuesday. I do not expect the essential terms of the agreement, as outlined above, to change. Please place this memorandum on the City Commission agenda for March 21, 2006 and the agreements themselves will be distributed when all terms are c~.(? S~ Cc: David Harden, City Manager, Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Steve Rubin, Esq. o/: P11 TO: DAV~T. HA EN, ITY MANAGER y~ ' PAUL DORLlNG, DIR OR OF PLANNING & ZONING THRU: FROM: SUBJECT: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF MARCH 21, 2006 - CONSENT AGENDA APPROVE A REQUEST FROM SANDOWAY NATURE CENTER TO RESERVE PARKING SPACES IN THE SANDOWAY PARKING LOT TO ACCOMMODATE THEIR FOURTH ANNUAL EARTH DAY EVENT The Sandoway Nature Center will be holding their annual Earth Day Event on Saturday, April 8, 2006 between the hours of 10:00 AM and 2:00 PM. This year's attendance for the event is anticipated to be approximately 300 people. The event itinerary (see attached) includes a beach cleanup, a live animal display from the Busch Wildlife Sanctuary, Coral Reef Pool Shark Feeding and live entertainment between 10:00 AM and 2:00 PM as well as other programs throughout the day. The request is to reserve the south half of the Sandoway Parking Lot to accommodate parking for visitors. Similar requests have been supported by the City Commission in past years. Staff recommends approval of the applicant's request. Additionally, to avoid confusion and possible ticketing of event goers using other parking spaces in the lot staff recommends waiving parking fees for the entire lot for the day. The Parking Management Advisory Board, at its meeting of February 28, 2006, recommended approval of the applicant's request. By motion, approve the request from Sandoway Nature Center to reserve the south half of the Sandoway Parking Lot and waiving all meter fees in the balance of the parking lot on Saturday, April 8, 2006 to accommodate the Fourth Annual Earth Day event. Attachments: · Request · Itinerary ~<3 FROM : SANDOWAY PHONE NO. : 561 274 9826 Mar. 03 2006 03:19PM P2 C~kbrattt 4 Sartd@)waq'g 2tth elf-rtrtual . , Earth Baq .. r-";)'[;':~ in Delray Beach '-- .... . ~~~~;~:" I'>~;:'~' . ... .....t..~..,1I; -.:-:,~~;~-i., ~~ ~~nl Saturday I April 8 Visit the Nature Center FREE from 10 am - 2 pm 142 S. Ocean B/vd. just. a block anc:l a half south of Alt/antic Ave. on A 1 A EY~ltt8/~r Earth Balj ~ 'Beach Clean-Up - free t-shirts for those who participate See reverse side to find out how you can helpl Live entertainment and prizes with 'RADIO D/SNE:.Y Live Animals with Special Ouests Busch Wildlife Sanctuary Sea Turtle Fun with Palm Beach County Recycled Art Contest, Scavenger Hunts, Nature Crafts, Butterfly Gardening and so much more.. 4 Join Sando way and the City of Velray Beach for a day of family fun, free food and gifts courtesy of Office Depot in celebration of earth Day! Call 5' 1-274--7263! FROM SRNDOWRY PHONE NO. 561 274 9826 Mar. 03 2006 03:18PM P1 The Friends of Sando way House Nature Center, Inc. A NON-PROflT OtlGANIZATION DEDICATED TO SUPPORnNG A NATURE Cl:NrfR IN A HtsTORtC BEACHFRONT SETTINC SINCE 1993 President frcto M.arincola YJCe-President Dr. Andr~ l<atz Sea'etary Elaine Monis Treasurer Carolyn H.R.. Patton Board of Directors Paul Gale Jack Hanis Ann Hellakka Mary Higgins Jean Irwin Michael Kravit Anne Marie Kft;icarek Elizobe1h tevine Dr. J. scott Mc:Owen JoAnn Peart ROD. Jeff Perlman Alkdc1 Riley Joyw Slominski ~ne Templeton Usa 11emcln William S. weisman. Esq. Executive Oired:or N.icole Householder SANDOWAY HOUSE NAWRE CEHlEtl 142 South OOlan Blvd. Delray Beach, Florida 33-48~ P: (S(1) 274-SAND F: (SCSi) 274-9826 ~beIl&outh.net www..$Ondowayhouse..com To: ScOtt (Parking for Earth Day at Sandoway House) Please find attached a flyer for our 4th Annual Earth Day Event. We project 300 visitors for this day Saturday, April 8 from 10 am - 2 pm. We would like to request the southsidc of the Sandoway Lot reserved for our visitors with barricades to park free for our event. Thank you for consideration of this mat1:et. Please contact Nicole Householder, Executive Director with any questions. P: 561-274-7263 MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER UJ1I\. AGENDA ITEM # ~\\ - REGULAR MEETING OF MARCH 21. 2006 FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.)/RESOLUTION FOR ASSISTANCE SUBJECT: DATE: MARCH 17, 2006 Approve and adopt a Resolution for Assistance from the Florida Inland Navigation District (F.I.N.D.) for the application of a grant for funding for the F.I.N.D. Park on the Intracoastal Waterway. The estimated cost of the project is $2,376,840.00 and the City is requesting a grant in the amount of 50% or $1,188,420.00. Recommend approval and adoption of a Resolution for Assistance from the Florida Inland Navigation District (F.I.N.D.) for the application of a grant for funding for the F.I.N.D. Park on the Intracoastal Waterway. S:\City Clerk\agenda memos\CM FIND Res 032106 [ITY DF DELRAY BEA[H DELRAY BEACH f I () I< I Il A --- All-America City , III I! 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: Resolution for Assistance - F.I.N.D. Park DATE: March 13, 2006 Attached please find a Resolution for Assistance from the Florida Inland Navigation District for the application of a grant to assist in the funding of our F.I.N.D. Park on the Intracoastal Waterway. The estimated cost of the project is $2,376,840 and we are requesting a grant in the amount of 50% or $1,188,420. Please place this on the March 21, 2006 agenda for City Commission consideration. u~. Weldon ector of Parks and Recreation Attachment cc: Carolanne Kucmerowski, Agenda Coordinator Ref:findres @ Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City of Delray Beach is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of Delray Beach and the State of Florida: Project Title F.I.N.D. Park Total Estimated Cost $ 2,376, 840 Brief Description of Project: In March of 2000, the City leased 4.3 acres from the Florida Inland Navigation District for the development of a park. The park will include two (2) boat ramps, staging docks, rest rooms, site perimeter wall, fencing, site lighting, landscaping and irrigation. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City of Delray Beach (Name of Agency) that the project described above be authorized, AND, be it further resolved that said City of Delray Beach (Name of Agency) make application to the Florida Inland Navigation District in the amount of 50 % ofthe AND, be it further resolved by the City of Delray Beach (Name of Agency) City of Delray Beach (Name of Agency) actual cost of the project in behalf of said that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F .A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (1) 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Delray Beach (Name of Agency) for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% ofthe funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the at a legal meeting held on this day of 20 Attest Signature Title Title Fonn No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (2) MAR-g-2006 14:44 FROM:CURRIE SOWARDS AGUIL 561-243-8184 TO: 2437268 P.l CURRIE - SOWARDS - AGUILA - ARCHITECTS Architecte; Plannere; & Interior Dee;ignere - AA 0002271 154 NE 1&t Avenue. Delray Beach. Florida 33444- Phone: (561) 276-4951 Fax: (561) 243-ele4 emall: r~cp@culTiearc.com FACSIMILE To: Joe Weldon Company: Delrav Parks Oept Re: FIND Date: 3/9/2006 From: Jose Atluila Fax No: 243-7268 Job No: 021002 # of page5 - including thi5 cover: g Commentfi: Here ifi the updated opinion of COfit bafied on the planfi we had in late 2004. I did add the 50uth property wall and the day dock a5 re~uested. I think now may be a ~ood time to review this again with the current document5 we have. Let me know Ifvou need anvthin~ el5e. Copy: ~A~-9-2006 14:44 FROM:CURRIE SOWARDS AGUIL 561-243-8184 TO: 2437268 P.2 OPINION OF PROBABLE CONSTRUCTION COST INTRACOASTAL (FIND) PARK CURRIE SOWARDS AGUILA ARCHITECTS Updated January 2005 No. DESCRIPnON AMOUNT REMARKS 1 Mobilization & MOT 35,000 Assumes sinale mobilization 2 Site Clearinl1 & Grubbing 15,000 3 Fill 68,000 Site will require fill for desh::!n wades 4 Embankment 25,000 5 Drainaae system 110,000 Provides for on-site trench drain system 6 Retainina Wall 36,000 7 Roadway & Pavina 175 000 Includes stODS & stripina 8 Utilities 70,000 Water & sanitary to US1 9 Seawall Repair 65,000 Allowance 10 Boat Ramos 185,000 Assumes two slips 11 Restroom Building 85.000 One each per ADA 12 Site perimeter wall 55,000 As per current desian. 13 Chain link fence 18000 Remainder of site 14 Site Lighting 46,000 15 Site Accessories 4000 16 Landscape and Irrigation 65,000 Allowance 17 South Property line wall 135,000 Estimated at 750 LF x $175/ft 18 Day Dock 20,000 5' wide x 55' long 19 Sub- Total 1 1,212,000 20 Mitigation 350,000 Estimate, see note below 21 Sub-Total 2 1,562,000 22 General Conditions 156,200 23 Sub-Total 3 1.718,200 24- OHD & Profit 343,640 25 Sub-Total" 2.061.840 26 Contlnaencv 175,000 27 Professional fees 140,000 28 Project Total $2.376.840 Notes: 1 . These costs represents the architects best opinion of probable construction costs and where prepared without the benefit of bid, based on preliminary site plan drawings. 2. Mitigation costs will be determined after fuB agency review. and once impact to existing area is determined, costs can be formalized. 3. The City Is encouraged to obtain a detaled cost estimate prepared by a certified cost estimator once the documents are better defined. Date: March 13, 2006 AGENDA ITEM NUMBER: ~\\ AGENI>A REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: March 21, 2006 Description of Agenda Item (who, what, where, how much): Request approval of, and signature on, a Resolution for Assistance from the Florida Inland Navigation District for application of a grant to assist in the funding of our. F.I.N.D. Park on the Intracoastal Waterway in the amount of 50% or $1,188,420. City Attorney Revi ~ Department Head Signature: econunendation (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:& No Initials: 4 Hold Until: Agenda Coordinator Review: Received: MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER tJ7'l'1 AGENDA ITEM # ~I - REGULAR MEETING OF MARCH 21. 2006 INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY / ATLANTIC HIGH SCHOOL TO: SUBJECT: DATE: MARCH 17, 2006 Approve an Interlocal Agreement with the School Board of Palm Beach County to allow the School Board the use of the athletic fields next to the new Atlantic High School and the City the use of the gymnasium at the old Atlantic High School site. The agreement provides that the School Board will use the athletic fields, constructed by the City, next to the new Adantic High School; and the City will use the gymnasium at the old Atlantic High School site. The agreement becomes effective upon the approval of both parties and shall continue to renew automatically on an annual basis until December 31, 2010. Funding is available from 001-4121-572-46.90 (General Fund/Other Repair/Maintenance Costs). Recommend approval of an Interlocal Agreement with the School Board of Palm Beach County to allow the School Board the use of the athletic fields next to the new Atlantic High School and the City the use of the gymnasium at the old Atlantic High School site. S:\City Clerk\agenda memos\lnterlocal PBC Atlantic HS 032106 [ITY DF DELRAY BEA[H DElRAY BEACH r l 0 k I [) A tIa:I:II All-America City , III I! 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: Agreement with School Board for Use of Athletic Fields and Gymnasium DATE: March 15, 2006 Enclosed are three (3) original partially executed agreements for the joint use of facilities between the City of Delray Beach and the School Board. Specifically, this refers to the School Board using the athletic fields constructed by the City next to the new Atlantic High School and the City using the gymnasium at the old Atlantic High School site. The Agreement becomes effective upon the approval of both parties and shall continue to renew automatically on an annual basis until December 31, 2010. The School Board shall use the athletic fields from August 1st through November 30th from 3: 00 PM to 6: 00 PM Monday through Saturday for football, band and Eaglette practices; from November 1st through February 28th from 3:00 PM to 6:00 PM Monday through Saturday for soccer practice; and May 1st through November 30th from 3: 00 PM to 6: 00 PM Monday through Saturday for spring football practice. The School Board shall pay for the maintenance of the fields at a cost not to exceed $10,000 per year. * PonIed on Recycled Paper THE EFFORT ALWAYS MATTERS " .' 2 The City shall use the gymnasium from 6:00 PM to 10:00 PM Monday through Friday and 10:00 AM to 2:00 PM on Saturday for youth and adult basketball. The City will pay $500 per year in utility fees and $1,000 per year toward the refinishing of the basketball courts. Both parties agree to be responsible for cleanup, vandalism, and adequate supervision. Please place this on the March 21, 2006 agenda for City Commission consideration. ~ Parks and Recreation cc: Carolanne Kucmerowski Agenda Coordinator Enclosures JW:cp Ref:jtuseahs rL t -.3 II /06 February 2006 INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY OF DELRA Y BEACH THIS AGREEMENT, entered into this _ day of .2006, between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to as "SCHOOL BOARD") and the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"). WIT N E SSE T H: WHEREAS, it is the intent of the SCHOOL BOARD and the CITY to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of units of local government; and WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm Beach County, Florida, and owns and operates schools in the City of Delray Beach; and WHEREAS, the SCHOOL BOARD and the CITY recognize the needs, on occasion, to utilize the facilities of the other, thereby minimizing the duplication of facilities; and WHEREAS, the CITY under its powers, desires that is residents have reasonable use of certain parts of the school facilities when not in use for educational or program purposes established by the SCHOOL BOARD; and WHEREAS, the SCHOOL BOARD desires that its students have reasonable use of certain parts of the CITY'S facilities when not in use; and L:\Planning\Public\INTERGOV\Schools\High Schools\Atlantic\copy lnterlocal Agt with School District for Use of Temple Sinai Facilities.doc WHEREAS, the SCHOOL BOARD owns and operates the gymnasium located at 2501 Seacrest Avenue, Delray Beach, Florida. The Seacrest Avenue Facilities shall be hereinafter referred to as "Facilities"; and WHEREAS, CITY shall utilize for basketball practices and games the Facilities; and WHEREAS, the CITY will contribute up to $1,000 per year for normal wear and tear of the Facilities; and WHEREAS, the SCHOOL BOARD shall have the exclusive .use of the practice field facilities at the City Fields located at 2475 West Atlantic Avenue, Delray Beach, Florida. The City Field facilities shall be hereinafter referred to as Fields; and WHEREAS, the CITY will own and operate the Fields; and WHEREAS, the SCHOOL BOARD will pay for 100% of the maintenance costs of the Fields, with such maintenance to be performed by the CITY or the CITY'S designee. NOW, THEREFORE, In consideration of the promises contained herein, the parties agree as follows: I. GENERAL PROVISIONS A. The above recitals are true and correct and are incorporated herein by reference. 8. The SCHOOL BOARD agrees to make the Facilities available on the following priority basis: (1) SCHOOL BOARD activities and programs; (2) County activities and programs pursuant to the Interlocal Agreement 2 entered into by the School Board and Palm Beach County dated October 15, 2003; and (3) City of Delray Beach Monday through Friday from 6:00 p.m. to 10:00 p.m. and on Saturdays from 10:00 a.m. to 2:00 p.m. for community use (youth and adult basketball) unless the CITY has tournament scheduled at a time other than the times specified herein, in which case the CITY shall provide ten (10) days advance notice to the SCHOOL BOARD. C. The CITY agrees to make the Fields available - for the SCHOOL ... BOARD'S exclusive use as follows: August 1, 2006 through November 30,2010 from 3 p.m. to 6 p.m. Monday through Saturday, the Fields shall be available for football, band and Eaglettes practice; from November 1, 2005 through February 28, 2010 from 3 p.m. to 6 p.m., the Fields shall be available for soccer practice; and from May 1, 2006 through November 30, 2010, from 3 p.m. to 6 p.m. the Fields shall be available for spring football. II. OWNERSHIP The Facilities shall remain in the ownership of the SCHOOL BOARD; and subject to all terms and conditions imposed thereby. The Fields shall remain in the ownership of the CITY; and subject to all terms and conditions imposed thereby; provided however. nothinQ contained herein is deemed a modification of the previous aQreements between the parties as to the purchase bv the City of 3 certain lands on the site referred to as the Facility or the land located on the west side of Seacrest Avenue. III. USE OF PROPERTIES A. Use of Facilities - The SCHOOL BOARD agrees to permit the CITY in accordance with the prescribed procedure and conditions set forth herein,' and without prior approval to utilize the Facilities for basketball practices and games. the City will pay the School Board $500.00 per year for utilities payable on the effective date hereof and - each sub~equent anniversary. Use of Practice Fields - The CITY agrees to permit the SCHOOL BOARD in accordance with the prescribed procedures and conditions set forth herein, and without prior approval to utilize its practice Fields. Each party shall be responsible for utility costs associated herewith. 8. Notice - The CITY and the SCHOOL BOARD agree to provide adequate notice regarding the use of the Facilities and Fields, if the schedule deviates from the times of use provided in this agreement. Notice may be in the form of a schedule of activities; memorandum or other written form, outlining the date, time and facility needed. Adequate notice is deemed to be ten (10) days prior to the date needed. C. Adequate Supervision - Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned when using the Facilities/Fields. 4 D. Manner of Use; Cleanup - The CITY and the SCHOOL BOARD agree to utilize the Facilities/Fields in the manner, and to the extent and degree intended for the particular Facilities/Fields and further agree to leave the Facilities/Fields in a clean and orderly condition upon leaving the Facilities/Fields. E. Vandalism to Facilities/Fields When in Use Pursuant to this Agreement - The CITY agrees to be responsible for vandalism occurring to the Facilities during the periods the Facilities are "used by the CITY. '. The SCHOOL BOARD agrees to be responsible for vandalism occurring to the Fields during the periods the Fields are used by the SCHOOL BOARD. The SCHOOL BOARD shall cause such repairs to be made as necessary to correct the damage to the Facilities and submit an itemized invoice to the CITY for damages incurred during the CITY'S use of the Facilities and the CITY shall cause such repairs to be made to the Fields for damages incurred during the SCHOOL BOARD'S use of the Fields. All damages shall be paid within ninety (90) days of receipt of the invoice for the damages. IV. MAINTENANCE The CITY will contribute costs up to one thousand dollars ($1,000) per calendar year upon completion of refinishing of the basketball courts at the Facilities by the SCHOOL BOARD. The SCHOOL BOARD will assume 100% of costs of maintenance in an amount not to exceed $10,000.00 per calendar year for the 5 Fields, with such maintenance to be performed by the CITY or the CITY'S designee payable on the effective date hereof and each subsequent anniversary. V. SITE SECURITY The SCHOOL BOARD will be responsible for securing the Facilities and Fields on a daily basis by securing all locks and gates. VI. CITY LIABILITY The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, " Florida Statutes, for the period of time the CITY is using the Facilities, provided however, that this provision shall not be construed as a waiver of any right or defense which the CITY may possess, and it reserves all such rights against any and all claims that may be brought against it under this Agreement VII. BOARD LIABILITY The BOARD recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the BOARD is using the Fields, provided, however, that this provision shall not be construed as a waiver of any right or defense which the SCHOOL BOARD may possess, and it reserves all such rights against any and all claims that may be brought against it under this Agreement. 6 VIII. MODIFICATION Any modifications to this Agreement shall be in writing and approved by the parties' respective governing bodies. IX. TERM This Agreement shall become effective upon approval of both parties, and shall continue to renew automatically on a yearly basis until December 31, 2010, unless one party gives notice of intent not to renew in writing at least thirty (30) days in advance. A. All notices herein required, permitted to be given to or served upon either party shall be in writing. Any such notice shall be deemed sufficiently given or served, if served personally, sent certified mail by the United States Mail, or by any nationally recognized overnight carrier or fax with receipt confirmation to the SCHOOL BOARD or the CITY at the addresses set forth as follows: As to the School Board: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA Office of General Counsel 3318 Forest Hill Boulevard West Palm Beach, Florida 33406-5813 With Copies to: Kevin Logan, Athletic Director Atlantic High School 2455 W. Atlantic Avenue Delray Beach, FL 33445 As to the City: CITY OF DELRA Y BEACH Susan A. Ruby, City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 33444 7 With Copies to: Joseph Weldon, Director of Parks and Recreation City of Delray Beach 50 N.W. 1st Avenue Delray Beach, Florida 33444 David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 B. If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law. C. This Agreement together with any addendum(s) that may now or in the future be attached and become a part of this Agreement set forth all covenants, promises, agreements, conditions and understanding between the parties hereto. There are no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. Except as herein provided, no subsequent alteration, changes, or additions, shall be binding the parties, unless and until reduced to writing and signed by both parties. D. This Agreement shall be construed in accordance with the laws of the State of Florida. E. This Agreement shall not be construed against the party who drafted the same as both parties have had experts of their choosing review the adequacy of the same. 8 F. Should any litigation arise under this Agreement venue shall lie in Palm Beach County, Florida. G. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. SCHOOL BOARD OF PALM BEACH COUN A ~ - Approved for Form and Legal Sufficiency: ~~ ~ 2((/d(. School Board Attorney STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared THOMAS E. LYNCH and ARTHUR C. JOHNSON, Chairman and Superintendent, respectively, of the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, and they acknowledged before me that they executed the foregoing instrument as said officers and that they 9 also affixed thereto the official seal of the SCHOOL BOARD OF PALM BEACH COUNTY. SWORN TO and subscribed before me this _ day of 2006. Notary Public - State of Florida ATTEST: CITY OF DELRA Y BEACH, FLORIDA . Chevelle Nubin, City Clerk Jeff Perlman, Mayor Approved for Form and Legal Sufficiency: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared JEFF PERLMAN as Mayor, and CHEVELLE NUBIN, as City Clerk of the CITY OF DELRA Y BEACH, Florida, and they acknowledged before me that they executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the CITY OF DELRA Y BEACH. SWORN TO and subscribed before me this _ day of 2006. Notary Public - State of Florida 10 Date: March 15, 2006 AGENDA ITEM NUMBER: 8-:c AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: March 21, 2006 Description of Agenda Item (who, what, where, how much): Request approval of, and Mayor's signature on, three partially executed agreements for the joint use of facilities between the City of Delray Beach and the School Board. The. School Board will use the athletic fields next to the new Atlantic High School and the City will use the gymnasium at the old Atlantic High School site. This will renew automatically until December 31, 2010. City Attorney Re . wlRecornmendation (if applicable): Department Head Signature: Budget Director Review (required on all items involving expenditure of funds): Funding AVailable@/No Initials: (;tt Account Number 001- '-1/2,1 -02 . Lj h' 7 () Description D#x~r Uj)tJ()r! rJia.fl1k./I-(J/L. eJt (16 sf r ~ Account Balance: 12J 7 Z,(l tf 0 Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @I No InitialS:--9-- Hold Until: Agenda Coordinator Review: Received: MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ \ TO: SUBJECT: AGENDA ITEM # <6' cT" - REGULAR MEETING OF MARCH 21, 2006 SERVICE AUTHORIZATION NO. 11.1/CH2M HILL. INC. DATE: MARCH 17, 2006 This is before the Commission to approve Service Authorization No. 11.1 to CH2M Hill, Inc. in the amount of $13,600.00 for preparation of a Florida Department of Environmental Protection (FDEP) construction permit renewal package and follow-up responses for permit acquisition for the Rehabilitation of the City's Aquifer Storage & Recovery (ASR) Well Project. The FDEP was notified of the City's intent to begin cycle testing to re-establish the operational capacities and storage volume of the ASR Well. FDEP advised the City that the construction permit for the rehabilitation project had expired and must be renewed prior to proceeding with the requisite cycle testing. Funding is available from 442-5178-536-31.30 (Water/Sewer Renewal & Replacement Fund/ Engineering/ Architect). Recommend approval of Service Authorization No. 11.1 to CH2M Hill, Inc. in the amount of $13,600.00 for preparation of a Florida Department of Environmental Protection (FDEP) construction permit renewal package and follow-up responses for permit acquisition for the Rehabilitation of the City's Aquifer Storage & Recovery (ASR) Well Project. S:\City Clerk\agenda cover memos\SA 11.1 Ch2M Hill ASR WeD 032106 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mydelraybeach.com FROM: David T. Harden, City Manager Richard C. Hasko, P .E., Environmental Services Director ~ TO: SUBJECT: SERVICE AUTHORIZATION 11.1 FOR CH2M HILL DATE: March 14,2006 Attached is a copy of Service Authorization 11.1 to CH2M Hill for professional consulting services regarding completion of the rehabilitation of the City's Aquifer Storage & Recovery (ASR) Well. Upon completion of the ASR rehabilitation construction activities by the City's contractor, the Florida Department of Environmental Protection (FDEP) was notified of our intent to begin cycle testing to reestablish the operational capacities and storage volume of the ASR. FDEP advised the City that the construction permit for the rehabilitation project had expired and must be renewed prior to proceeding with the requisite cycle testing. The scope of this service authorization includes preparation and submittal of the permit renewal package (Task I) for a lump sum of $5,500, and response to Requests For Information (RFIs) from FDEP (Task 2) on an hourly basis not to exceed $8,100. The total service authorization is $13,600 with funding available in R&R account #442-5178-536-31.30 after budget transfer. Please place this item on the agenda for the March 21, 2006 meeting for consideration by City Commission. Cc: Victor Majtenyi, Construction Manager Juan Manzano, Environmental Compliance Director John Bullard, Water Treatment Plant Manager File 2003-014 Service Authorization No.1i-1 to the Agreement to Furnish Professional Services Dated April 28, 2004, Between the City of Delray Beach, Florida and CH2M Hill, Inc. City P.O. Number: (I)"20iif1 City Project Number: "2-a:>~-ol4- Title: Permitting of thI Aquifer Storage and Recovery Well Category of Work: Professional Engineering Services General Thi~ SERVICE AUlHORUATION shall modify the professional service agreement referenced above and shall become part of that AGKJ:::WJ:NT as if written there in full. Chmlges in the indkated Scope ofServiC'E"R will he f;uh~ to renegotiation and implem€'nted llU'ough an amendment to this agreement. Introduction In October 2004, the City of Delray Beach (CITY) issued a Notice to Proceed to Integrity Well and Pump Company (Integrity) for the rehabilitation of the City's Aquifer Storage and Recov~ (A5R) wen (City Project 2001-014). Integrity perfonned a video survey of the wen, conductpd 3pp"oximately 50 houn; of development, replaced the pump and motor, and completed additional above-gI'OWld improvements. A successful start-up was held in December 2005, and the City will conduct additional pumping of the well to ensure that sand production is m.inim.izcd. Following shut-up, CH2M HILL contacb.'<.l the Florida DepartInent of Environmental Protection (FDEP) to notify them that the well ~'ld lx.'Cn rehabilitated and that opE'rational testing would TPStlme shortly. FnEP notifiPd CH2M HILL that the City'!> construction permit had expired and that the City would need to re-apply to renew conc;truction permit prior to beginning continuation of cycle testing. At the completion of cycle testing, the City will need to seek approval from FDEP to operate the welL 'This Service Authorization will ilulhQJ"izc CH2M HILL lo pJ"ovidc profcss.iona1 engineering Com;lUting scrvi('('s rdated Lo lhc preparation imd submiltal of a new construction permit for the City's ASR well. DFeJ;810400011SET5Ii.DOC Scope of Services Task 1 - Construction Permit CH2M HILL will prepare a constnlction permit for thE" City's ASR weU. The supporting material for the application will consist of material pI'E'viously submitted to FDEP for the origin..11 construction of thp. well and any new information a.c; requested by rouP. The pl'rm il fee of $750 will be paid by the City. A new constnJ("tion pennit is required since the City's previous construction permit expired in March 2005. In a telephone conversation, FDEP indicated that the supporting information that was submitted with the original application could ~ re-submitted; however the City would need to expand its are..1 of review, provide currenl baseline dala.tnd updale monitoring plan, as well as lhe plugging .1nd abandonmr.nl co"l r.sLimalr.. Addilionally, informaLion on the modifications made to the wen would nppd to be suhmitted, along with an updaLfld Operation and Maintenance (O&M). Talk 2 - AFt Response This task is included to account for possible Request for Information (RFl) question.c; raised by roEP regarding the City's application. This will be only be utilized if a RFI is received from fDEP. Schedule CH2M T TIT.L will commence work on the Scope of Services described herein upon receipt of a fu lly pXflCuted copy of this Specific Authorization from the CITY, which will serve as the notice to proceed. The followinK l:;ummanzes the proposed schedule. nsk Time of Completion (weeks from date of notice to proceed [NTPD Start Finl.... Tnk 1 - ConMrUctlon Permh Upon Notl~ 10 Proceed from the 30 days after NTP AppllClltion City Task 2 - API Reeponse TBO T80 (Allowance) Assumptions 'This sc.:opc of services was based on the following assumptions: 1. The application package will COMi,;t primarily of material previowdy [Ilubmitted hy CH2M HILL for the original con...tmction permit. PerI1[),EP'[Il requ~t, CII2M TDLL will: . t?'xpand the area of review; . update the monitoring plan; . updale the plugging and abandonment cost E"Stimatt>; and . proviue as-buill plru.lS rcgardiJ.\g .D1odilkatiolls n'k1dc lo well. Llf lWll'~llSETS6l nor. ~ 2. ASR cycle teRting plan will be submitted after well is back in operation. :1 Thi.. Service Authorization does not include field work, laboratory testing, or groundwater modeling. If these are requested by FDEP, an amendment to this Service Authorization will be n:quircc.l. Compensation to the CONSULTANT C01'llpE'nsation for Ta!';k 1 Wll be a lump sum of $5,500. Task 2 (if required) will be performed on a time and materials basis and will be invoiced in accordance with the hourly Tate scheduJe attached as ~xhibit "A", not to exceed $S,lUO. 'lhe total estimated cost is not to exceed $13,600. This service authorization is approvoo contin~t upon the CITY's acceptance of and satisfadion with thc completion of lhe services .rendered in the previous phase or as l'I\compassl:'d by tlU' previou" "ervice aulhorizalion. If lhe CI1Y in ill'; !';Ole di!';('relion is unsatisfied with the ~rviceFi provided in the previou..; phME' or Rervice authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence worle on any service authorization approved by the CITY to be included as part of the contract without a further noticc to proceed. Approved by: CITY OF DELRA Y BEACH: CH2MM:: ~~~ate Seal) rmt ....H._ Wendy Nero (date) .~~~_Manager ~i~f?&r:.- Witness f ..U / . ------ . ~ rr/-~ ~ Witness ~ Date: Jcff Perlman Mayor ~'TATE OF FLORIDA COUN1Y OF BROW ARD A~t: Approved as to Legal Sufficiency and Form The foregoing instrument was acknowledged before me this ~ day of March, 2006, by Wendy Nero, Office Mana~r, CH2M HILL HILL, Inc., a Florida corpora . on beh..'ll.C of lhe corporation. He is onally now t me and (did/ did not) b> a oat . Do Notary Public State of Honda (Seal) "~~l',, ''''-- th L t-' "7~' 6 "'" 1.AIIO Y . n.unm {.:~~~ Co~iOB IID0274978 ~~.. .....I~ Expires: Jam 01. 2008 "'~u;",~' DoDdedlMl ,'.....' Atl~ ttocxtina (;u~ I... :I CFSI'Il8' CM0007f3L 1!lG woe Exh Iblt A Service Authorization No. Permitting of the Aquifer Stora Ie and Recovery Well Esllmated Lebor Hours Coat per Task No. Totel Projeat EmDlover Cateaory Gracie Hour 1 2 Hours Totals 9 $175.00 0 $0 8 $175.00 0 $0 7 S 1 66.00 , , $165 ProtHllonlll. Engln..rs, Architects, 6 147.39 4 .. 8 $1,179 Planners, Fcnnomlsls, Scienlisls, 5 127.28 0 $0 HydroJogisl&, Hydrogeologists. GeOlogists. 4 106.83 0 $0 etc. 3 $88.41 40 40 80 $7,073 2 $76.56 0 SO 1 $67.32 40 40 52.693 0 $0 5 $95.79 0 $0 Technician. - Drafters, Graphic Artists. 4 $78.60 0 SO Computer, Surveyors, Cartographies, 3 166.60 0 $0 Construction Inspectors, etc. 1&2 $56.31 0 $0 0 SO OffIce SuPDOf'l 0 SM.es 10 10 20 $1.131 Lllbor $4,D:IO $7,314 14' . Relmbul'88ble Expenus Transoortation SO Lodaina SO Communication ChanlC $ 68 $ 113 $179 RoproductionslS $ 285 $ 176 $460 postaae and Handling $ 42 $42 Field EQwoment $0 Computer $ 250 $ 428 $6 78 AulD Tmvel/Milua1J9 (outside PBCl SO subcontractors. (InclU_ p $0 CXpe".1 5UDlO181. 5643 $718 ~1 ,;"::1' . ProjeCl Tolal. P.5OU '1S,100 113.1100 OFBASR Aehab Permitting CHent Budget Form 022706.xIs AGENDA ITEM NUMBER: '6cr AGENDA REQUEST Date: March 14,2006 Request to be placed on: ~ Regular Agenda Special Agenda Workshop Agenda When: March 21, 2006 Description of agenda item: Staff requests Commission approval of Service Authorization #11.1 to CH2M Hill in the amount of $13,600 for preparation of an FDEP construction permit renewal package and follow up responses for permit acquisition for rehabilitation of the City's ASR well. Renewal of the Construction Permit is necessary to continue with cycle testing of the City's ASR well prior to putting the facility back into service. Funding is available in R&R account # 442-5178-536-31.30 after budget transfer. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: Staff recomme ion 11.1 to CH2M Hill. Department Head Signature: .3 -J'f- o~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ({;) Funding available: 1ft No Funding alternatives (if applicable): Account Balance: cJ42 - r;; 17$ - S3b. 3/- 3iJ ~5/n~e/l.1'7 ~ I Avd-uk c..-!- ~ /~ ilJ{) O+?-er ~.jJP-GL- Account Number: Account Description: City Manager Review: Approved for Agenda: B -a1 No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM K. - REGULAR MEETING OF MARCH 21, 2006 AGREEMENT /IRONWOOD PROPERTIES/MERIDIAN TO: SUBJECT: DATE: MARCH 17, 2006 Approve an agreement with Ironwood Properties in the amount of $13,950.00 to be paid to the City in lieu of hardscape/landscape improvements associated with the Meridian. When the Meridian was reviewed and permitted for redevelopment, hardscape and landscaping improvements within the US 1 Corridor were part of the permitted site plan. Since this project is within the limits of the US 1 Corridor Study and the exact typical section of US 1 has not yet been determined; staff has worked out an agreement with Ironwood Properties in which costs equivalent to the permitted hardscape and landscaping improvements will be contributed to the City in lieu of constructing these improvements. This project was approved and permitted prior to establishing an estimated cost for US 1 improvements; therefore, staff used an equivalent cost of the approved/permitted improvements. Recommend approval of an agreement with Ironwood Properties in the amount of $13,950.00 to be paid to the City in lieu of hardscape/landscape improvements associated with the Meridian. S:\City Clerk\agenda memos\CM Meridian Agmt 032106 City Of Delray Beach Department of Environmental Services M E M 0 RAN DUM FROM: David T. Harden, City Man~er / / Randal L. Krejcarek, PE /~ TO: DATE: 07 Mar 2006 SUBJECT: The Meridian Agreement The attached agenda request is for Commission approval/authorization for the Mayor to execute an agreement with Ironwood Properties for the permitted hardscape/landscaping improvements along northbound US 1. When Meridian was reviewed and permitted for redevelopment, hardscape and landscaping improvements within the US 1 corridor were part of the permitted site plan. Since this project is within the limits of the US 1 corridor study and since the exact typical section of US 1 has not yet been determined, staff has worked out an agreement with Ironwood Properties in which the costs equivalent of the permitted hardscaping and landscaping improvements will be contributed to the City in lieu of constructing these improvements. Since this project was approved and permitted prior to establishing an estimated cost for US 1 improvements, staff used an equivalent cost of the approved/permitted improvements. The attached certified cost estimate is based on the permitted improvements. This agreement is for $13,950.00. If this meets with your approval, please place it on the 21 Mar 2006 Commission Agenda for approval. Thanks! enc cc Richard C. Hasko, P.E. TAC file S:\EngAdmin\ T AC\Meridian\2006-03-21 agenda memo. doc ~... -. -- -.- SHAH ~ - -.- ~DROTOS Engineering Surveying Planning &ASSOCIATES Meridian Offsite Improvement Project No. 0557 A.05 Engineer's Opinion of Cost SUMMARY February 14, 2006 3410 N. IvldrewsAve Ex! Pompano Beach, Fl 33064 PH: (954) 943-9433 FAX: (954) 783-4754 ITEM DESCRIPTION SUMMARY: A. Offsite Improvement TOTAL: AMOUNT $13.950.00 13,950.00 NOTE: Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding, or market conditions, any and all opinions as to costs rendered hereunder, including, but not limited to, opinions as to the costs of construction and materials, shall be made on the basis of its experience and qualifications, and represent its best judgement as an experienced and qualified ENGINEER familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost. If at any time the CLIENT wishes greater assurance as to the amount of any cost, the CLIENT shall employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitation established by the CLIENT will be paid for as additional services hereunder by the CLIENT. CERTIFICATION: I hereby certify that this COST ESTIMATE is true and correct to the best of my knowledge and belief. ~. t2..~, Bharat R. Shah, P.E. Florida Registration No. 19702 Cost Estimation - Pool Drainage Improvements PGA National Resort & Spa SDA Project No. 0743B.OO Page 2 of2 Meridian SDA Project No. 0743B.OO Cost Estimation - Offsite Improvement February 14, 2006 A. OFFSITE IMPROVEMENT 1. Remove Existing Pavement 1000 SF 2. 6" Concrete Curb Type 'D' 350 LF 3. Regrade / Resurface Parallel Parking 370 SY 4. Striping / Pavement Marking 1 LS 5. Landscaping 1 LS 2.00 9.00 8.00 Contingency (10%) TOTAL: X:\SDAPROJECfS\OSS7B.OI Meridian\Cost Eslimate\Ofl'site ImprovetneDts.wpd $2,000.00 $3,150.00 $2,960.00 $1,370.00 $3,200.00 $12,680.00 $1,270.00 513,950.00 SUBDMSION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT entered into this _ day of , 200_, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and (hereinafter referred to as DEVELOPER), provides as follows: WHEREAS, a project called The Meridian is being developed along the east side of the 300 block of northbound U.S. 1,just south of Atlantic Avenue in the CITY; and WHEREAS, the DEVELOPER was required to construct/install landscaping in the right-of-way of U.S. 1 as a condition of the Development; and WHEREAS, the CITY is in the process of forming a uniform streetscape plan for northbound and southbound U.S. 1 in this area; and WHEREAS, the uniform streetscape plan to be prepared by the CITY will not be prepared in time to allow DEVELOPER to install the landscaping for its project, therefore, DEVELOPER agrees to pay the CITY the cost of landscaping and the CITY shall install the landscaping in accordance with the uniform streets cape plan. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the DEVELOPER and CITY hereby agree as follows: 1. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. COSTS PAID BY DEVELOPER. The DEVELOPER shall pay, to the CITY, the amount of$ $13,950.00 within 10 days of the execution of this Agreement. The CITY shall use the funds to construct/install the landscaping in the area shown/described in Exhibit "A", attached hereto, in accordance with the uniform streets cape plan. 3. GOVERNING LAWS: VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 4. INTEGRATION: AMENDMENTS. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By: CITY OF DELRA Y BEACH By: City Clerk Mayor, Jeff Perlman Approved as to Form: By: City Attorney WITNESSES: By: (Name Printed or Typed) (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 200_, by , as (name of officer or agent, title of officer or agent), of day of , a 2 . , (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 3 . , I r~ I - ::> ::> I II , <( >--- 0 0 i--- - luj '-- J-----r [) IV Z 1 ~ >--- CD CD N.E. 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This agreement is for $13,950.00. Staff Recommendation: AuurovalZ ~ Department Head Signature: ( pc . ~ '1/ bb City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:& No Initials: {.1l1 Hold Until: Agenda Coordinator Review: Received: s: \EngAdmin \ T AC\Meridian \2006-03-21 agenda.doc [IT' DF DElRA' IEA[H DELRAY BEACH F t () It I () A tdb:JI AII.AmericaCity , 1111 ~o: tt MEMORANDUM 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000 David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager March 13, 2006 1993 2001 FROM: DATE: SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 21, 2006 SPECIAL EVENT REQUEST RELAY FOR LIFE ACTION City Commission is requested to approve for the American Cancer Society's Relay for Life Fundraiser beginning at 4:00 p.m. March 31 st and ending Saturday April 1 st at 11 :00 a.m., a temporary use permit per LDR's Section 2.3.6(h) for the closure and use of NE 1 sl Avenue from Atlantic north to the grass area at Old School Square from 10:00 a.m. on March 31 sl until 10:00 a.m. Aprills1 for event set up, use of the southwest portion of the Old School Square parking lot from 3 :00 p.m. March 31st to 11 :00 a.m. April 1 st for survivor parking and use of City Hall parking lots from 4:00 p.m. March 31 sl to 11 :00 a.m. April 1 sl for participant parking. BACK.aROUND Attached is a letter received from Melanie London with a site map requesting street closures and parking lot use on behalf of the American Cancer Society for their Relay for Life event to be held at Old School Square starting at 4:00 p.m. on March 31 sl and ending at 11 :00 a.m. on April 1 Sl. Needed times for street closure and reserved parking were verbally communicated to my staff. The event permit was originally received on October 10, 2005. This is a minor event with staff costs under $1,000 and as such was approved per policy at the staff level. Street closures and reserved parking were not part of the original request. Since street closures and reserved parking are now being requested approval is needed by City Commission. I have revised the site map to delete the garage construction site area from the event site. Barricades can be set up on Friday during regular hours and can be removed on Saturday by event volunteers or the Clean and Safe crew. We have received a copy of the certificate of liability insurance and hold harmless agreement. This event does have a newspaper sponsor. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for the street closure of NE 1 sl Avenue from Atlantic Avenue to the grass area at Old School Square, use of the southwest portion of the Old School Square parking lot and use of the City Hall lot on the dates and times stated above. RAB/tas File:u:sweeney/events Doc: ACS Relay for Life 2006 @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 3L 03/05/2005 02:38 5513'347'30'3 ACS PAGE 02 March 6, 2006 I All1enc<ln ~13 C<l n-"? r 'f Society City of Delray Beach Assistant City Manager Robert Barcinski Dear Mr. Barcnski: I am writing to you regarding the March 31 st Relay for Life at Old School Square. We must confirm parking areas for our participants and survivors. We are also requesting the closure of one entrance to the parking area adjacent to OSS . Our event will begin at 4PM, but setup of teams will begin at :I 0-IIAM on Friday. Weare requesting the following: H Exclusive use of the (approximately 8) spaces on 8E 1st 81. al(lug the East side ofOSS. ~ Street closure at the entrance to the parking area on ~ 1 st St. ~1cr.OSS from the venue. Assigned Survivor parking spots in the lot on the East side ofOSS. One or More assigned parking lots for our general participants. [believe the Police Department and Parks have discussed using the Parks and Rec parking area as one lot. As this is difficult to describe I will also fax a diagram to you. Please advise as soon as possible. Thank you for yom continued support on this event. ~Sfii~e ly, / ~.. (/./ Melanie .London . Community Rep ese 561-394-7751 x 1 305-968-5811 ~ South Palm Beach Unit 3350 NW Boca Raton Blvd, Suite A~34 Boca Raton. FL 33431-6636 t) 561.394.7751 f) 561.394.7909 Cancer Information 1.800.ACS.2345 INWW.cancer.org ~i OJ > ' "'I G' 11 ~i I I I I I I I 1 I 1 1 I I I I 1 ~1At3 rz" LI FG g~+~ [IT' DF DElRA' IEA[H o/( mr DELRAY BEACH F lOR 1 0 " tdtd All-America City " II I! 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561[243-7000 MEMORANDUM 1993 TO: 2001 David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item # <6tl\ City Commission Meeting March 21,2006 Approval Special Event - Cinco De Mayo Fiesta DATE: March 14, 2006 ACTION City Commission is requested to endorse the 8th Annual Cinco De Mayo Fiesta to be held on Saturday, May 6,2006, from 11:00 a.m. - 10:00 p.m. at Old School Square, to grant a temporary use permit per LDR Section 2.4.6(H) for the use of City parking lots at City Hall and to authorize staff support for security, trash removal, and signage preparation and installation. The event sponsor is also requesting use of the South County Courthouse parking garage and Library lot. BACKGROUND Attached is an event permit and letters received from Ms. Janie Rameriz, Chairperson of the Fiesta. Cinco De Mayo celebrates the date Mexican soldiers defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The committee is composed of Hispanic residents of our City. The event will be held on the Old School Square site. The event committee will be responsible for event management, liability insurance, vendor approval, site set up, and fencing. The estimated overtime cost is $4,250, $125 to man the County Garage from 10:00 a.m. to 5:00 p.m., and $250 for signage for a total estimate of $4,625. Also attached is a copy of the event budget and site plan and verification of non-profit status. The event does not at this time have a newspaper sponsor. Since alcohol beverages will be sold and they will be charging admission, the site will be secured to contain alcohol consumption on site. We also would require that all alcoholic beverages be served in paper or plastic cups, no bottles. Per event policies and procedures there is no charge for the first $1,000 of City costs. The event sponsor will be required to pay approximately $1,550. Since the Library is open on Saturday afternoons we will not be able to use their lot. @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS Cinco De Mayo Fiesta 2006 March 14,2006 Page #2 RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the use of City parking lots, staff support for traffic control and security, and signage preparation and installation. Also approve staff to request the use of the South County Courthouse parking garage with the event sponsor paying the costs to man the garage from 10:00 a.m. to 5 :00 p.m. Approval to be contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance and liquor liability insurance as well as site fencing. RAB:tas File:u:sweeney/event Doc:Agenda Cinco de Mayo 2006 City of Delray Beach Special Event Permit Application PLEASE PRINT DElRAY BEACH ~ 'fii~ 19~ 20~ E:.' C f: 8+fl A't\(\t.A.,.fl[c .."1. 1'v~D , 1 ~~!) C 17 ~'- " ',_ ",1fj 5 Il.1A ". "1\;-1'" GE:1y , Event Nameffitle: ~, {II tj) 1 e YnI9 "/ () Event Date(S):~ t.,:Ii d)ltfJ ~ b Event Time(s): /IAQJ 10 /t:' f! dJr Event Sponsor/Producer: () I cl S~o Q' S {)'Ul~ ~ Event Contact/Coordinator: Ja.. ~ ~ e ~ ~t If'-e ~ Name: ~ "'-~\~ 1Ra.~4 f" ~~ Address: 1111./ S / W. ~ A-tJe; Telephone Number: ~,./-'}?~-''j.?i. Cellular Number: 5b/'"~,I-z~~ E-mail Address: Event Description/Purpose: #- / I /l d ~l1ed Sponsor Category (please check) City 0 Non-Profit/Charitable rA. Private 0 Co-Sponsor - Non-Profit/Private 0 (/f Non-profit attach proof of 501c(3) or (d)) Event Location (Describe area boundaries of event/location): I"J / tl ~ t-t...tJ tit S Y. tJ.t ~ ~ I-f., rNU.. '" J <:. Site plan attached (Site plan required for entire event site) yes~ no Event budget attached (Required for all events) Serving or selling alcoholic beverages yes V no (If yes, copy of license and a/coho/liability insurance required two (2) weeks prior to event) yes / I no Event certificate of insurance attached yes no ./ (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Requesting stage use yes (If yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage yes ~ no Type: Event sign V Directional signs '. /' -lit Banner hanging Indicate dates required /114 ~ I ;l,,/ -hJ!Ilv rp -2#JI, (Waiver required if more than one (1) week prior to event) , I. Playing of amplified music (Waiver required) ;/ yes Requesting Police assistance (traffic control/security) ,/ yes Will supplement with private security yes (If yes, need plan attached) Requesting Emergency Medical assistance yes Requesting barricade assistance c/ V yes V yes Requesting trash removal/clean up assistance yes Requesting trash boxes and liners V' yes V'""- yes ~ Tents yes V- (If yes, tent permits and fire inspections maybe needed) Food and beverage vendors If yes, approximate number Health Department approval 51 yes Other vendors no no no / no V no no no no ~ no no no no Will the event include amusement rides yes no ,'~ (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) ~ yes 2 no Will there be fireworks or other pyrotechnics (If yes, contact Fire Marshall) yes no ~ Will there be cooking with compressed gas (If yes, contact Fire Marshall) yes ~ no Will you be providing port-a-Iets for the event yes no n/'" (If yes, locate on-site map. If no, indicate how you will handle restroom needs) q,/1Je-Jy ~ s;+~ Will there be a charge for the event yes V (If yes, indicate ticket prices) / Is reserved parking requested yes (If yes, indicate locations) no no ./:- bee., r ~"S- Date vent contractor/coor\dinat~ I Please print: Ttt n , €. Of.. WI , I"~ Z-... Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use 0'1'1 Date Received {I Application fee received JW' Site map ~ Budget /' Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval ./ .;' 3 11:45 AM 12/06/05 Accrual Basis Hispano-Latino Cultural Alliance, Inc. Profit & Loss December 2004 through August 2005 Dec '04 - Aug 05 Budget 2006 Income 4100. Clnco de Mayo Total Income 22,708.00 22,708.00 30,175.00 30,175.00 Expense 5000 . Event Expenses 5100 . Casual Labor 5200 . Advertising 5300 . Rent 5400 . Prizes 5500 . Food and Beverages 5600 . Decorations 5700 . Insurance 5800' Supplies 5900 . Security 5999 . Petty cash for Event Total 5000 . Event Expenses 3,166.90 5,000.00 2,118.24 2,700.00 3,762.74 4,175.00 1,614.78 1,750.00 2,907.47 3,500.00 543.86 600.00 2,061.85 2,200.00 969.25 1,000.00 1,077.43 1,250.00 3,000.00 3,000.00 21,222.52 25,175.00 21,222.52 25,175.00 1,485.48 5,000.00 Total Expense Net Income Page 1 of 1 t,(~,v;.r 1M? 'i Hispana- Larina CulruRal -1'~ Alliance, lnc. 255 N.E. 2nd AVENUE, #220 · DELRAY BEACH, FLORIDA 33444 PHONE (561) 276-3396 Rf:"l'FI .......... \-J' .~_. ~ .:. t March 7,2006 !t i't r) riM:' Q; ......... "'. ;,,' , I Y !",.'J .:", Mr. Robert A. Barcinski Assistant City manager 100 N.W. 1st Avenue Delray Beach, FI. 33444 Dear Mr. Barcinski: Once again our organization is proud to celebrate Cinco De Mayo. It will be held on Saturday, May 6th, 2006 from 8:00a.m. to 12 midnight on the site of Old School Square. We are requesting that the City allow us to use the parking garage facility behind the library and also the City Hall parking lot. Your consideration of the above request is much appreciated. Sincerely, rf~ Janie Ramirez, President Hispano- Latino Cultural Alliance, Inc. H The Hispano-Latino Cultural Alliance, Inc. is committed to raising the awareness of and sharing the HispanicjLatino culture with people of all ages and cultures, serving as an advocate for diversity and education while providing the necessary resources to effectuate a stronger cultural presence in our communities, schools, and government. " December 8, 2005 The purpose for the fiesta is Deh-ay Beach Loves to celebrate diverse cultural. Well, it was time the Hispanic community celebrated one of our favorite holidays: Cinco De Mayo which will take place on the grounds of Old School Square, Saturday May 6th, 2006 . A fiesta means music, dances, pifiatas for the kids lots of Mexican food tacos, tamales, rice and beans, arepas, corn on the cob and of course Hot Dogs and other foods. This will be an Opportunity for the Hispanics to get better acquainted with all of Delray. I believe in Unity with all of our friends and neighbors. Delray's Cinco De Mayo Fiesta will honor the triumph of Mexico over the French military invaders on May 5, 1862The city of Puebla, in the state of the same name has important roles in Mexico's history. The celebration of the Cinco De Mayo is the 3rd in importance in Mexico after the Independence Day on September 16th and the November 20th,Revolution Day. The Cinco De Mayo, however, is the biggest Mexican celebration in the United States. Thank ~ou /!: . ~irez ~ i ./ II -{~ I I I , I I I I I I I I I I I I I i~ ,W I~ ~\ w > ' <tl 5 I- Z ~ v i L___________________________________________:________ 3nN3^'" :JllNV'l!'V' lS'9'3 /-"" " ~,~ ..:.:;,;.;~ \ I ,.,/ 0::: w I--. en c:x: ]~ I I I ~) I II ~ w llr i~ Ilv Si! r il! . ~ liP ---~! r i lJj----.----------l'---------------11" 'I :i n: II I;' r r-, Ii ffi- ; 11 " II " L-J Iii I 'I u-u-u----u--~_TJ jJ I -1( n 1, E ! I ri, . I J ," I ~ lJ HH ~ _ consumer's_Certlflcate of Exemption " I"~ P\lnt",.nt to c~, 212. Florida St8tutH c"",n~4t~" - --, o. kt.{E.....l . -.---- ..,-:: ,.--__-..----.--~ ' . I I set (ClUJ O~G~NU.6.TtON I . 60.00'22SH2-S'C , 01122/03 1 01/22 os ~ ---' L-_ ci"...... AU"";,, ........ DiIt . --y......"'" DolO ..- ....-' ~o OR- ,. ... 01 '02 ThiS ~rtifi.s that "'SPANO l~TlNO ClJL. TuRAi. AU..IANCf lNC , ,'4 SW ~ni AilE . OELRAY BE"Ck F\. 334&& :r1-?IA- d-D '\;U 00 I 0 is ..orr.pt lro<n.thO patmenl of Flo,d. SO;os ood uso tax on r8&l p,ope'll" ,onted. trlnsoent n."'" p~ _.,"og"". ptrsona' property piJreha$ed Of rented. ~f ser/lce, .PlJrcnased. " Cf."Ul-'"ol.t. , {'If I,V,...lH Important 'nformatlon for Exempt Organizations , ,. . .. OR.'. R.O'102 /I 1. '''ou mU1tt provide a!l v.ndOIs and suppliers with ar. &Xemptioll certifiCate betore mtking tal(-exempe pulchasei See RUle 12A.' 039. Florida'Administrative CQde (FAC) , 2 your Con$unNl"s Certificate of Exemption is to bet uad loleiy..by yo,",' OIgalltzation tor yoor oroanlzation's CUStomery nonprofit ~vitie$; 3 p~rchase$ made by an individual on behalf of tt,e organizatIon are taxaI)Ie. ewn if the in~;viduai will be reimbursed by the organization ~ Th;S exemption appltes only to purcnue$,"your organization makes. The sal. or lease to otherS by yovr OfganiZation of \8no:t)l. personal prop&rty, ,leepino acecmmodations or other r.a! propet'tY is taxable. YO\;lr orga"izatiOt'l rn:Jst register. and collect and remit Illes and use tax on such taxable transactions Note: Churches are e.xempt from this fequirement exctpt when thay ar. the 18$$0' of real proper1y (Rule '2A-1 010. FAC). 5 It is a criminal otf~ to traudulently p'eMnt this eenifialte to .vad. the paymtnt of calM taX, l,Jr(Mr no Clrcumstatlees should U'IS certifieate be used for the perscnal benefit of ."y Individual. Vlolator$ Wi\! ~ \tabiG for payment of lhesales tax ph.;! a penalty of 200% of the tax, and may be subject to conviCtior. ot a tt'lird degree telon)' Any violation will nece&Sitate the revocat,oo of this certificate. b It yo~ h.~. ClvellionS regarding your uemptio" certificate. please contact the Exemption U~jt of Cttntral R&g1$tr8uOn a~ &5004&87-4130. Tne mailing a<XjrHS is 5050 W8$t T.nnessee Street. Tallahassee. FL 32399-0100. . MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER M AGENDA ITEM # KN - REGULAR MEETING OF MARCH 21, 2006 SERVICE AUTHORIZATION NO. 14.1/CURRIE SOWARDS AGUILA ARCHITECTS TO: SUBJECT: DATE: MARCH 17, 2006 This is before the Commission to approve Service Authorization No. 14.1 to Currie Sowards Aguila Architects in the amount of $14,750.00 for additional services provided for the permit submittal process and site modifications for the Intracoastal Park Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park/ Other Improvements). Approval of this service authorization would bring design costs to date to $158,450.00. Current estimated construction costs for the project is $2,150,000.00; and total consulting fees, including this proposal, represent 7.4% of estimated construction costs. Recommend approval of Service Authorization No. 14.1 to Currie Sowards Aguila Architects in the amount of $14,750.00 for additional services provided for the permit submittal process and site modifications for the Intracoastal Park Project. S:\City Clerk\agenda cover memos\SA 14.1 Currie Sowards FIND Park 032106 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mydelraybeach.com TO: David T. Harden, City Manager /7 "X Richard C. Hasko, P .E., Environmental Services Director ~ FROM: SUBJECT: INTRACOASTAL PARK, PIN 2001-007 Agenda Item: Service Authorization #14.1 to Currie-Sowards-Aguila-Architects DATE: March 16, 2006 Attached for City Commission approval is Amendment "I" to Service Authorization #14 (Service Authorization 14.1) to Currie-Sowards-Aguila-Architects for additional services provided during the ongoing permit submittal process as well as site modifications prompted by both agency reviews and City requests for the new Intracoastal Park project, PIN 2001-007. Service Authorization #14.1 is in the net amount of$14,750.00. Service Authorization #11 to Robert G. Currie for design of the master plan for the referenced project was approved December 23, 2002, in the net amount of $6,600.00. This encompassed Task 1 of the authorization which covered all required surveying on the property. City Commission approved on May 6, 2003, Amendment "I" (Service Authorization #11.1), for conceptual design and permitting requirement review, as described under Task 2a, in the net amount not to exceed $9,250.00. On August 19, 2003, Commission approved Service Authorization #11.2, expanding on task on Task 2a, to include fees for an environmental consultant to coordinate with other review and permitting agencies for any mitigation requirements associated with the design, for a fixed fee of$6,150.00. On April 13, 2004, Commission approved Service Authorization #11.3, scope of work under Task 3, for the preparation of the master site plan in the amount of $14,950.00. On February 1, 2005, Commission approved Service Authorization #14 for preparation of all permit and construction documents based on the December 6th, 2004, City Commission approved site plan with a scope of services including any required soil tests and analysis, mitigation plan, bid review, and construction observation in the amount of$106,750. Approval of this service authorization would bring design costs to date at $158,450.00. Current estimated construction cost for the project is $2,150,000.00, and total consulting fees including this proposal represent 7.4% of estimate construction costs. Funding is available from 334-4174-572-63.90, General Construction Fund/Intracoastal Park. Please place this item on the March 21, 2006 agenda for consideration by Commission. Cc: Randal Krejcarek, P .E., City Engineer Victor Majtenyi, Construction Manager File 2001-007 / CURRIE. SOWARDS · AGUILA · ARCHITECTS Robert G. Currie, AlA Jess M. Sowards, AlA Jose N. Aguila, AlA March 10, 2000 Mr. Dick Ha6ko, P.E. Environmental Service6 Director 400 South Swinton Avenue Del ray Beach, Florida 33444 Re: Intraaoaetal FIND Park Project No. 021002 Dear Dick: Attached plea6e find three original copie6 of Additional Service6 Authorization number 14.1 and our reque6t for additional fund6 to partially cover the numerOU6 meeting6 and drawing adJu6tment6 required by the out5ide agencle6 reviewing the project. A6 you know, we have made 6everal 6ubmi66ion5 to South Florida Water Management Di6trict, the Army Corp6 of Englneer6, Florida Fi6h and Wildlife Con6ervation Commi6610n, and other agencie6 that have Juri5dlction on the project. The5e 6ubmittal6 have re6ulted in numerou6 meetlng5 and plan adJu6tment, 60me a5 a con6equence of the reviewer'6 changing their mind6 on their requirement6, and other6 by virtue of internal 6taff change6. In addition, we have had 6everal meeting6 with the City re6ulting In 60me plan change6, including the addition of a day dock that wa6 not originally anticipated and will require additional engineering. My con6ulting engineer6 have advi6ed me that between the additional expended time and the new engineering for the day dock that they anticipate an additional effort repre6enting over Forty Thou5and Dollar6. After 60me di6cu56ion we agreed to adju6t the reque6t to the amount indicated of $14,750.00. Following my di6cu66ion6 with City 6taff, and the need to re-6ubmit the "late6t" round of comment6 by March 27, 2006, we are proceeding with the work in anticipation of City approval of thi6 reque5t. Plea5e let me know if you have any que6tion6. Sincerely, CURRIE SOWARDS AGUILA ARCHITECTS J~Ia' AlA Principal. FORMERLY ROBERT a. CURRIE PARTNERSHIP, INC.' AlA FLORIDA FIRM OF THE YEAR 2000 1.34 Northeast I'lrsl Avenue 'DelrayBeach, Florlda.3.3444 '561-276-4951' l'a":561.24.3-8184 'AA0002271 www.currlearc.com II CURRIE · SOWARDS · AGUILA · ARCHITECTS <0 _" ~ .....~ ... Robert G. Currie, AlA Jess M. Sowards, AlA Jose N. Aguila, AlA CURRIE SOWARDS AGUILA ARCHITECTS CONSULTING SERVICE AUTHORIZATION DATE: Marah 10. 2006 SERVICE AUTHORIZATION NO. Fourteen (14.1)polnt One FOR CONSULTING SERVICES CITY P. O. NUMBER: CITY EXPENSE CODE: TlTI.E: INTRACOASTAL (F.I.N.D.) PARK CSM # 021002 Thi5 Service Authorization. when executed, 6hall be incorporated in and 6hall become an Integral part of the Agreement dated March 29. 1996, a6 amended, between the City of Delray Beach and The Robert G. Currie partnel"6hip, Inc., dba Currie Soward5 Aguila ArchitectE; PROJECT DESCRIPTION Servlce5 generally con516t of preparation of permit and con6truction document6 for a boat ramp park a5 detailed on the approved 5ite plan dated July 28. 2004, and approved by the City Commi55ion. with commentE;, on December 6. 2004. Service5 will include permit and con5truction document6, 5ubmittal to the City and other agencie5 for permit review, a65i5tance during the bidding period. and limited con5truction admini5tratlon. Service6 will generally include civil engineeri~, environmental con5ultl~, Iand5Caping and i~ation 6ervice6. architectural. 5tnJctural. electrical. mechanical, and plumbing 6ervlce6, The 5ite 15 located between the Intracoa5tal Waterway and U.S.#1. 60uth of the Delray Harbor Club. and con516t6 of approximately 4.4 acre6. Thl6 amsndment provldee for additional funde to (}()Ver additional esrvlcse coneldersa to "e a"ove what could have "een rB1160na"'e antlolpated ae the projBCt WIle rmewsa by the varloue out:6lde agenol86 and addsa projeo1; fsawne rSlfuHted by ths Ownsr and out:6lde agsnole6 having jurlt5dlctlon. II SCOPE OF SERVICES Service5 for thi5 project are anticipated to include the following: 1. Additional 5ite and topographic 5urvey5 2. Bathymetric 6urvey 3. Soil5 analY5i5 and percolation te5t 4. Mitigation plan 5. Preparation of water, 5ewer, paving and drainage permit and con6tructlon document6 6. Preparation of permit and con6tnJction document6 for building. 5ite wall. and 51te improvement6. to include architectural. electrical. mechanical. plumbing. 6tructural. land5Caping and irr~ation 5ervice6 7. Preparation of document6 nece55ary for the repair (a5 needed) of the exl6ting 5ea wall. and the addition of a new two 5lip boat ramp 8. Bidding and permit 5ubmlttal package for required agencle5 (review fee5 not included) having juri5dlction. 9. Limited con5tructlon ob6ervatlon to Include re5pone;e to contractor'6 que6tion5. 5hop drawing review. and up to two 5ite v161t6 per month. I"ORMERLY ROBERT G. CURRIE PARTNERSHIP, INC.' AlA FLORIDA FIRM OF THe yeAR 2000 1.:54 Northeast first Avenue' Delray Beach. Florida .:5.:5 44 4 . 561.276.495\ . fax: 561 -24.:5.81 84 . AAO 00227 \ www.currlearc.com m... ,.'. ~. ....,.. . ",. III &UDGET ItJdltlorwl ftJlltllWf~ by th. c:oneul'tlng englneere to cover additional rtMtIWfI and Own.r moellflt:a'tlone af'6 a lump eum fee of Fourteen fhoueand Seven Hundred and Fifty 0011 are ('14,750.00) and No Cenu for a total pro/eet fee of One Hundred Twenty One fhouellnd Five Hundrsel Dollare ('121.500.00) and No Cente. IncluJlng relmbureab/e tlKp.ne.e. IV COMPLETION DATE Each T a5k will be completed in an expeditiou5 manner, con615tent with a written Notice to Proceed from the City, and out6lde a!3enCie5 which are required to review and permit. Thl6 Service Authorization i5 approved contin!3tmt upon the City'6 acceptance of and 6atlsfaction with the completion of 6ervlce5 rendered in the previou5 phase or a5 encompa55ed by the previou6 Service Authorization. If the City in itt; oole di5Cretlon i5 un5ati5fied with the 5ervlce provided In the prevlou5 pha5e or Service Authorization, the City may terminate the Contract without Incurrin!3 any further liability. The CONSULTANT may commence work on any Service Authorization approved by the City to be Included a6 part of the Contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH CURRIE SOWARDS AGUILA ARCHITECTS I,.., ) "?, \0 I 'U)o<O:> I' , J . '. ~., :.~\~,,:'~ , ) : ' ) : '>' :'t,J/ < ,..,") ,\\,.. \. \ ',II" '. Date: Attest: Witne6s STATE OF FLORIDA COU NTY OF PALM BEACH The followin!3 in5trument wa5 acknowled!3ed Before me this 10 Day of ~~ . 2006, by J06e N. Aguila, of The Robert G. Currie Partnership, Inc., dba Currie Sowards Aguila Architects, a Prof...lonal A..oclatlon. H. I. F"'r50nally kn~d did not tak. an oath. _O~~.~ -- Notary Public My Commi65ion Expires: W,'".""e 'v:'-?: t~ ~\\\"\lIIl""'11. ~"".,, .,,\\'I\een D~:C"~ SEAL ~ ~........ 'V' ~ ~ .~.~ISS'''';.. ~ ~ ...... ""'tt.. ~ ~ ..~t"o~~7.<l2~.. \ :: :~...., ~~~:: =*. (I). _ =: ..... :*= :. . . .::- ~~~. 100176008 .:~~ ...~. A...., .~;::: ~ ~'. ~~~ ..~~ ~''''..o..,;~..._.:-...~ *' ~". ,,-O:.........d<~~ ~/I. ""'C, STA~ ~,,'tiI '"",,,"U,,\,\\\ AGENDA ITEM NUMBER: )?0 AGENDA REQUEST Date: March 16, 2006 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: March 21, 2006 Description of agenda item: Staff requests Commission approval of Service Authorization 14.1 for Currie-Sowards-Aguila Architects in the amount of $14,750, for provision of additional services in conjunction with permit submittals and site improvement revisions for the proposed Intracoastal Park project. With this approval, total project consulting fees are $158,450, representing approximately 7.4% of the current estimated construction cost of $2,150,000. Funding for this request is available in General Construction Fund Account #334-4174-572- 63.90, Intracoastal Park. ORDINANCEIRESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: Staff recommends approval of Service Authorization 14.1 to Currie-Sowards- Aguila ArChitect~ O,partmentHeadSignature: ~ t.-~ ~(tlb(, Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: r9 Funding alternatives (ifapplicable): fh{ No Account Number: 33l(,- l/17C(' 572.'3 -;u (jUC {'Ohdlruc-n ~ /Ilffrttft)a ~/oJ ?OJJ1C I ~r ~//97~3S2/' /mpF{)V~-f Account Description: Account Balance: City Manager Review: Approved for Agenda: 9 1214 No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 2()() t\W i ,[ /\VEt\1 T" DFLRAY BEACH, FLORIDA 33444 : LLLPI!()NE :ih I '.~7i)')(). E\CSIMILE: 5611278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH F lOll IDA tdad AII.America City , III I! ~;~E: 1993 2001 MEMORANDUM March 14,2006 City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Block 77 - ih Amendment to Contract The City is a third party beneficiary of the contract between the CRA and Block 77. The CRA approved the amendment on March 9, 2006. Please place the amendment which extends the contract until June 9, 2006 on the City Commission agenda for approval. Attachment cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Diane Colonna, Director of the Community Redevelopment Agency D.J. Doody, Esq. Steve Rubin, Esq. go Meeting Date: Agenda Item: March 9, 2006 ~ Summary ~ Seventh Amendment to Contract - Block 77 The attached amendment to the CRA's contract with the Block 77 Group provides for an extension of the contract date to June 9, 2006. The current contract expires on March 10, 2006. The amendment would give the developer additional time to address issues regarding changes in the ownership structure of the partnership and the provision of a performance bond. Building permits have been issued for construction of the garage on Block 69 and site work has begun. Recommended Action: Approve the Seventh Amendment to the contract with the Block 77 Group as attached. Submitted By: Diane Colonna. Executive Director SEVENTH AMENDMENT TO CONTRACT FOR SALE, PURCHASE, AND DEVELOPMENT AGREEMENT THIS SEVENTH AMENDMENT TO CONTRACT FOR SALE, PURCHASE AND DEVELOPMENT AGREEMENT ("Seventh Amendment") amending that certain Contract for Sale and Purchase dated January 11, 2000, by and between DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "Seller", and BLOCK 77 DEVELOPENT GROUP, LC, hereinafter referred to as "Buyer", is made and entered into as of the date last executed by Buyer and Seller. WITNESSETH: WHEREAS, the parties have heretofore entered into that certain Contract for Sale, Purchase and Development ("Contract"), as amended by that certain Amendment dated the 12th day of December, 2002 (the "First Amendment") as further amended by that certain Amendment dated the 27th day of February, 2003 (the "Second Amendment") as further amended by that certain Amendment dated the 25th day of March, 2004 (the "Third Amendment") as further amended by that certain Amendment dated the 28th day of September, 2004 (the "Fourth Amendment") as further amended by that certain Amendment dated the 10th day of March, 2005 (the "Fifth Amendment"), and as further amended by that certain Amendment dated the 2nd day of November 2005 (the "Sixth Amendment"), the Contract and all Addenda thereto being collectively referred to as the "Contract"; WHEREAS, the Buyer has requested an extension of the Closing Date to June 9, 2006; and WHEREAS, the parties wish to further amend the Contract in the manner set forth in this Amendment. All capitalized terms not defined herein shall have the definition or meaning ascribed to them in the Contract. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties herby agree as follows: 1. Section XIII, L of the Addendum to Contract, as previously amended in the Third Amendment and the Fifth Amendment to Contract is further amended in its entirety to read as follows: L. The Closing of the herein contemplated transaction shall be held on or before June 9, 2006, (the "Closing Date"). In the event the Closing shall not have occurred before June 9, 2006, this Contract shall automatically terminate, time being of the essence. Page 1 of2 2. In all other respect, the parties hereto affirm and ratify the Contract and the subsequent amendments, as hereby amended. All terms of the Contract not amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment to Contract for Sale, Purchase and Development Agreement this _ day of March, 2006. Witnesses: SELLER: DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY, a body corporate and politic Print Name: Print Name: By: Print Name Title BUYER Print Name: BLOCK 77 DEVELOPMENT GROUP, L C By: Print Name: Print Name: Title: DNT:dnt H:\2006\060052\06-03-06 Seventh Amendment.doc Page 2 of2 f 01\ c,~ [ITY DF DElRAY IEA[H CITY ATTORNEY'S OFFICE 2()1) NW l,t /\VI.:\I i . !'[ F\Y BFACH. FLORIDA 33444 ILLLPH()Nl. .~I,: , . !\CSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH F lOR IDA lIad All-America City , 1111 ! DATE TO' 1993 . 2001 MEMORANDUM March 16, 2006 City Commission David Harden, City Manager Yh FROM: Terrill C. Barton, Assistant City Attorney SUBJECT: Amendment to Contract for Sale and Purchase of Property for Carver Square Residents Jean Louis and Josette Saint Fort The attached Amendment No. 1 to the Contract for Sale and Purchase of land to Carver Square residents, Jean Louis Saint Fort and Josette Saint Fort is amending the original agreement by extending the date of expiration to May 31, 2006 to allow the Buyers more time to obtain funding for the property. Please place this item on the consent agenda for the Commission meeting on Tuesday, March 21, 2006. TCB:smk Attachment cc: Chevelle Nubin, City Clerk ~{) ,. AMENDMENT NO.1 TO CONTRACT FOR SALE AND PURCHASE THIS AMENDMENT NO.1 to the contract dated November 28,2005 ("Agreement"), between the CITY OF DELRA Y BEACH, FLORIDA, ("Seller") and JEAN LOUIS SAINT FORT and JOSETTE SAINT FORT, a married couple, ("Buyers"), is hereby entered into this _ day of ,2006, amends the Agreement as follows: WIT N E SSE T H: WHEREAS, the parties previously entered into a contract for the sale and purchase of a parcel of land in Delray Beach, Florida; and WHEREAS, the closing date will expire soon; however, the parties wish to extend the closing date to the date as indicated in this Amendment. NOW, THEREFORE, in consideration of the mutual promIses and covenants, the parties agree as follows: 1. The closing date as stated in Paragraph V of the Agreement is extended to May 31,2006. 2. All other terms and conditions of the Agreement not 10 conflict with this amendment shall remain in full force and effect. Jean Louis Saint Fort Josette Saint Fort Date: Date: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 2006 by Jean Louis Saint Fort, who is personally known to me or who has produced as identification. Signature of Notary Public ST A TE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 2006 by Josette Saint Fort, who is personally known to me or who has produced as identification. Signature of Notary Public ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form and Legal Sufficiency: City Attorney 2 1''' /) RESOLUTION NO. 82-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF DELRAY BEACH WHICH PROPERTY IS LOCATED AT 802 S.W. 3RD STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO LOUIS SAINT FORT AND JOSETTE SAINT FORT, HIS WIFE, TO BE UTILIZED AS HOUSING AS PART OF THE CARVER SQUARE RELOCATION PROJECT. WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at 802 S.W. 3rd Street, for the purpose of providing housing as part of the Carver Square Relocation Project; and WHEREAS, the City acquired the property from the County as the result of unpaid property taxes; and WHEREAS, the City Commission has determined that it is in the best interest of the City ofDelray Beach, Florida, to transfer/sell said property for the purpose described above; and WHEREAS, the City Commission has determined that the transfer/sale of the property described above will promote the general welfare of the residents of the Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIIE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section I. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer/sell the West 79 feet of the East 104 feet of the North ~ of the North ~ of the Southeast ~ of the Southeast ~ of the Southwest v.. of Section 17, Township 46 South, Range 43 East, Delray Beach, Florida, less the N.2S' thereof, to Louis Saint Fort and Josette Saint Fort, his wife. Section 2. That the terms and conditions contained in the Contract for Sale and Purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein. (' "', PASSED AND ADOPTED in regular session on the \~ day of ~. 2005. ATTEST: ~RZ4. ~ ~ . ~- ~\.~~~} City Clerk 2 RES. NO. 82-05 "~ [IT' DF DElRAY IEA[H CITY ATTORNEY'S OFFICE _'!Ii) \,\\ 1,( .\\1 \: JIII'Hi( ),\1'01. 'W BEACH, FLORIDA 33444 , i.\CSIl'v1ILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DElRAY BEACH II.Ie:d All-America City , 1111 ! DATE 1993 TO: 2001 MEMORANDUM March 16, 2006 City Commission David Harden, City Manager ~ FROM: Terrill C. Barton, Assistant City Attorney SUBJECT: Amendment to Contract for Sale and Purchase of Property for Carver Square Residents Reginald Jonas and Elizabeth T avlor The attached Amendment No. 1 to the Contract for Sale and Purchase of land to Carver Square residents, Reginald B. Jonas and Elizabeth Taylor is amending the original agreement by extending the date of expiration to May 31, 2006 to allow the Buyers more time to obtain funding for the property. Please place this item on the consent agenda for the Commission meeting on Tuesday, March 21,2006. TCB:smk Attachment cc: Chevelle Nubin, City Clerk ~Q AMENDMENT NO.1 TO CONTRACT FOR SALE AND PURCHASE THIS AMENDMENT NO.1 to the contract dated November 28, 2005 ("Agreement"), between the CITY OF DELRA Y BEACH, FLORIDA, ("Seller") and REGINALD B. JONAS, a single man, and ELIZABETH TAYLOR, a single woman ("Buyers"), is hereby entered into this _ day of , 2006, amends the Agreement as follows: WIT N E SSE T H: WHEREAS, the parties previously entered into a contract for the sale and purchase of a parcel of land in Delray Beach, Florida; and WHEREAS, the closing date will expire soon; however, the parties wish to extend the closing date to the date as indicated in this Amendment. NOW, THEREFORE, in consideration of the mutual promises and covenants, the parties agree as follows: 1. The closing date as stated in Paragraph V of the Agreement is extended to May 31, 2006. 2. All other terms and conditions of the Agreement not 10 conflict with this amendment shall remain in full force and effect. Elizabeth Taylor Reginald B. Jonas Date: Date: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 2006 by Reginald B. Jonas, who is personally known to me or who has produced as identification. Signature of Notary Public STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 2006 by Elizabeth Taylor, who is personally known to me or who has produced as identification. Signature of Notary Public ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form and Legal Sufficiency: City Attorney 2 (" /") RESOLUTION NO. 81-05 A RESOLUTION OF TIlE CITY COMMISSION OF TIlE CITY OF DELRA Y BEACH, FLORIDA, AUTIlORIZING THE CITY TO TRANSFER/SElL REAL PROPERlY IN TIlE CllY OF DELRAY BEACH WHICH PROPERlY IS LOCATED AT 602 S.W. 1st STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO REGINALD B. JONAS, A SINGLE MAN, AND ELIZABETH TAYLOR, A SINGLE WOMAN, TO BE UTILIZED AS HOUSING AS PART OF THE CARVER SQUARE RELOCATION PROJECT. WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at 602 S.W. 1.t Street for the purpose of providing housing as part of the Carver Square Relocation Project; and WHEREAS, the City acquired the property from the County as the result of unpaid property taxes; and WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray Beach, Florida, to transfer/sell said property for the purpose described above; and WHEREAS, the City Commission has determined that the transfer/sale of the property described above will promote the general welfare of the residents of the Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer/sell the North 100 feet of the East 135 feet of Block 14. Town of Linton (now Delray), according to Plat Book I, Page 3, of the Public Records of Palm Beach County. Florida, to Reginald B. Jonas, a single man, aod Elizabeth Taylor, a single woman. Section 2. That the terms and conditions cootained in the Contract for Sale and Purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein. (" "", PASSED AND ADOPTED in regular session on the \~daY of ~ 2005. ~f~ AlTEST: ~ 1\ ~\\. \) ~\~J.~ City Clerk 2 RES. NO. 81-05 [IT' DF DELIA' IEA[H DELRAY BEACH f l 0 It I () A b'.ftI:II AII.America City , III I! vA vJ1 100 N.W. 151 AVENUE, DELRAY BEACH, FLORIDA 33444 ' 561/243-7000 MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM: ~obert A. Barcinski Assistant City Manager DATE: March 16, 2006 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 21, 2006 APPROVAL SPECIAL EVENT REQUEST 8th ANNUAL GARLIC FESTIVAL ACTION City Commission is requested to endorse the Eighth Annual Garlic Festival to be held on February 16th through 18th, 2007, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City rights-of-way to include NE 1st Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to NE 1st Street, the southwest section of the Old School Square parking lot and the City Hall and City Attorney parking lots from 6:00 a.m. February 15th through 10:00 p.m. February 18th. The City is also being requested to supply staff support for traffic control and security, EMS assistance, barricading, banner hanging, signage preparation and installation and clean up and trash removal. The request also includes a request to waive LDR's Section 4.6.7(D)(3)G)(ii) to allow event signage to be put up three (3) weeks before the event and a request that the City obtain the use of the South County parking garage and Library parking lot. BACKGROUND Attached is an event permit and letter from Nancy Stewart, Executive Director of Delray Beach Arts, Inc., requesting City Commission to endorse the Eighth Annual Garlic Festival, to use City rights-of-way, to place signage and banners up to three (3) weeks before the event, and to provide staff support for security, barricading, clean up, banner hanging, and other assistance including parking as outlined in the permit. The event sponsor will be responsible for liability insurance, event management, and set up. The overtime cost for this event is approximately $21,000, signage costs $250, and barricades @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~R- Agenda Item Page 2 $200 for a total estimate of $21,450. Based on Special Events Policies and Procedures the event sponsor will be required to pay approximately $8,350. Proceeds from the event will again be shared with volunteer organizations. This year approximately $46,000 was given to volunteer organizations. Attached also are an event budget, site plan, private security plan, proof of non-profit status and information concerning event benefactors. The proposed site plan includes the use of Swinton Avenue since space is being lost due to the construction of the parking garage. Per my discussions with Mr. Callahan permission to use the Library parking lot will not be given due to their needs. I will have to make a separate request to the County for the use of the parking garage. RECOMMENDATION Staff recommends endorsement of the event, granting the temporary use permit, as requested approval of staff assistance as requested with the following conditions: . Receipt of event certificate of liability insurance and hold harmless agreement no later than February 1,2007 . Receipt of certificate of liquor liability insurance no later than February 1, 2007 . Liquor cannot be served prior to noon on Sunday . Event sponsor be required to provide on-site dumpster service for vendors . Event sponsor be required to provide grease disposal barrels on-site for vendors . Installation of event signage and banners to be hung no earlier than February 6' 2007 . Require all vendor equipment and fencing to be removed from City rights-of-way no later than 7:00 a.m. February 19, 2007 . Require all other items to be removed form Old School Square site by 5:00 p.m. February 19,2007 . A copy of a rental agreement with Old School Square be provided to the City no later than 30 days prior to the event . All trash and garbage to be removed from the event area by 7:00 a.m. February 19, 2007 RAB/tas File:u:sweeney/eventsiDoc:Garlic Festival 2007 ". ,I.,,,,...,,:c~t,l,~!!h,,,,~ ,.....,"",""""'!~,~.<!!!!Ii:\~"~l"I!ll~,!~'~~~l!''!\IiIlli!t''i,,~,,.,,''''J!~II,,~,...." """"J.~",,~L.t~''''''''''I''''"'~'''"''''''''.'''''''''''.'''''I:'''~''''''''''''1'''1'''''~ January 11, 2006 Mr. Bob Barcinski City of Delray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 Dear Bob, I am submitting our request for approval for the 8th Annual Delray Beach Garlic Fest which will be held on Feb. 16, 17 & 18, 2007. We are requesting these items to be added to the City Commission agenda in February 2006 as we are soliciting sponsorship (and sell space/location which will be a drastically different layout). As we discussed last year, due to the construction of the Old School Square Parking Garage we do not foresee having use of the Block 76 (previously CRA lot). We are requesting use of Swinton Avenue in substitution for the loss of space (from Atlantic Avenue North to NE 1st Street). This portion of the City would be closed from 6:00 am Thursday, February 15th through midnight Sunday, February 18th, 2007. (With Old School Square Grounds closed beginning Wednesday, Feb. 14th to be setup.) We have redesigned our site plan to insure that all vendors, etc. that would be located on Swinton could tear down completely after close of the event on Sunday, Feb. 18th. We have also requested a $5,000 deposit from our food concessionaire to be held until clean-up is completed, ensuring that the site is cleaned to the city's expectations. This festival will again be a gated event with an admission fee of $8 per person. This admission fee is charged in order to guarantee monetary contributions to volunteer and non- profit organizations working our event. We recorded record attendance and charitable contributions of $46,000 for the non-profit organizations last year. Event dates are Friday, February 16, 2007 (5:00 pm -10:00 pm), Saturday, 17th, 2007 (11 :00 am to 10:00 pm) and Sunday, February 1811i (11 :00 am to 7:00 pm). In addition to this year's event, we are requesting to reserve the following dates: 9th Annual (2008)............................ February 15, 16 & 17, 2008 10th Annual (2009).......................... February 20,21 & 22, 2009 (10th Annual!) PARKING: 1) Courthouse/Library Parking Garage 2) CRA Parking lots 2, 3 & 4/ Block 60 North side of City Hall 3) City Attorney lot Should you have any questions, please contact me at 274-4663. Thank you for your consideration and support! Sincerely, "-1CuJe-y ~~ Nancy Stewart Executive Director Delray Beach Garlic Fest PS - I've also induded a Hold Harmless Agreement, Parking Limit Waiver Request and Noise/Alcohol Waiver Request City Req Ltr 2007.doc . DELR~ BEACH ARTS, INC. -?~ ./4A~ C ~.. , Y. II/.<:-- 0/)Ai., / g <: ^ )." \),~? <-/ I/j'-) '" '~'f -1,11 '., '1, . ; Z') Z't;> Delray Beach Arts, Inc. 10 S.L 1st Avenue Second Floor Delray Beach FL 33444 Sponsor Info Tel: (561) 274.4663 Vendors &.. General Info Tel: (561) 279-0907 Fax: (561) 274-6129 www.dbgarlicfest.com DElRAY BEACH ~ All AJtllbn 'lilt 1993 2001 City of Delray Beach Special Event Permit Application PLEASE PRINT Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event NamelTitle: 8+h A~Y'\\J~\ Df:. \(0.\..\ 6z..0-~ 00., \1. '- ~~r 2. Event Date(s): ~ @;:) \~, \\ \ \ \:\ ~ ~ I Event Time(s): 3. 4. 5. 6. 7. 8. 3~'-i'4 '-{ (If neighborhood question #36) Sponsor Category: (please check) City 0 Non-Profit/Charitable ~ Private 0 C9- Sponsor - Non-Profit/Private 0 ~f Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19)) Event location/Address: Grou"ct.:> 0(:. 0 (d. ~c..hoo' 6G2uo.r-e 9. 10. no Site plan attached: /fSite plan required for entire event site) Event budget attached: (Required for all events) Serving or selling alcoholic beverages: yes)( no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no 'X (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) Requesting Police assistance: (Traffic control/security) 12. 13. 14. 15. 16. 1 yes X yes X no yes )( no yes.>( no (~+(Cc..{ - ~r,~o.k-t:. Slt.c.ue d-~ CQ ~ \"r<^ c. -t"t: d... a...\ ~o ') yes x )( X X '>( 17. 'Dfill supplement with private security: vf" yes, need plan attached) Requesting Emergency Medical assistance: yes Requesting barricade assistance: yes Requesting trash removal/clean up assistance: yes Requesting trash boxes and liners: yes Requesting stage use: yes (" yes, check type) Large stage covered 0 Large stage no cover 0 Small stage 0 Half small stage 0 Requesting signage: yes)( no Type: Event sign C4'X4; ./ Directional signs )( ~ ' Banner hanging Cff V Indicate dates required ;'eh.l I ~l ~OOI (Waiver required if more than one (1) week prior to event) Food and beverage vendors: yes X no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one )'leek prior to thJ, event I 0 ( 00 (--rct {Ju ro Gr~ (Y\ Cl -:584- ICi'd? Ci rt'. _ a v cJJ/\ o....QJ2 , ":3 0 I I Health Department approval: see attached) yes no Other vendors: yes no Tents: yes "it' no (" yes, tent permits and fire inspections maybe needed) Will the event include amusement rides? requiring state approval? yes X no (" yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) IIV ::>u RC<. n '-L .3 vu E.. f-f!.. S p,e, oR.. NF,.' !50{~80(-{&;tl no 18. 19. 20. 21. 22. no no no no no X 23. 24. 25. 26. 27. 28. 29. x. no Will the event be gated? ""'(Show on-site map) Will there be fireworks or other pyrotechnics? yes (" yes, contact Fire Marshall) Will there be cooking with compressed gas? yes)( no (" yes, contact Fire Marshall) 32. Will you be providing port-a-Iets for the event? yes X no /(" yes, locate on-site map. "no, indicate how you will handle restroom needs) ~ Will there be a charge for the event? Byes (" yes, indicate ticket prices) Is reserved parking requested? (" yes, indicate locations) yes 30. )( no 31. 33. ^ J( l tA.\ cu- J no 34. no yes (~ COv UZ- 2 35. Nei hborhood Block Parties Hei hborhood block arties onl . Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) . Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event. 3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way. 5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. 'C2tifJ~/i;;/.jt!:!:!:!-~ I .;l . .;} ( . oS Event Contr ct ~/Coordinator Date Please print: NANCAj v. S1-E u....;a..te---!- Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Only. Date Received / q Application fee received Site map Budget V Certificate of insurance Hold Harmless agre~ent V""'" Security plan v Waiver alcoholic beverage v.J Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter ",......-- Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval W $ rJ(f). ~~J 3 2007 Delray Beach Garlic Fest Proposed Budget Ordinary BREAKDOWNI 2007 Revenues Jan - Dee 07 DETAIL BUDGET Admissions (25,000 paid @ $8 ea) 200,000.00 Membership Contracted Service Revenues other Revenue 123,200.00 Chair Rental Income 1,000.00 Alcohol Sales 40,000.00 Mercantile Area 2,500.00 TentlTable Rental 2,700.00 Vendor Fee Income 30,000.00 Food Income (25% of oross) 30,000.00 Rides/Children's Area (15% of gross) 17,000.00 Corporate Contributions 56,000.00 SDonsorshiD 56,000.00 Foundation Grants other Private Support Government Grants-Federal Government Grants-State Government Grants-Local (not TDC/PBCCC) 6,000.00 Recreation Assistance Grant 5,000.00 Community RedeveloDment Aoencv 500.00 Downtown Development Authoritv 500.00 Category B or C Grant 5,000.00 Applicant Cash Total Revenue 390,200.00 2007 Delray Beach Garlic Fest Proposed Budget Ordinary Jan - Dec 07 BREAKDOWN! 2007 Expenses DETAIL BUDGET Personnel-AdminlTech/Artistic 53,900.00 Office Staff Person-Full Time 30 000.00 Vendor Coordinator 1,400.00 Event Coordination 2,500.00 Executive Director 10,000.00 CFO 10000.00 Personnel-Marketing Outside Professional Services- 88,000.00 Artistic Graphic Design 8,000.00 Photographer 1 500.00 Entertainment (National Acts, booking 77,000.00 fee, sound & Iiahts) Web Desian 1 500.00 Outside Professional Services- Marketina Outside Professional Services- 94,350.00 Other City Services 16,100.00 (Fire, Police, P&R Public Works) Contract Labor (Operations, Emcee, 19,100.00 Cash Room, Intern, Garlic Chef Stadium, Bars,) Private Security 7 500.00 Stage T echs 2,800.00 Professional Fees (Accounting. Leaal) 2 850.00 Volunteer Contributions 46,000.00 Atlantic High Eagle-ettes Banyan Creek Elementary School Boy Scout Troop 301 Caring Kitchens Children, Hope & Horses Corebridge Educational Academy Delray Beach Police Explorers Defray Beach Public Library Defray Rangers Travel Baseball Assoc. Morikami Park Elementary School Project Thanksgiving/United Way The Miracle League Delray Business Partners (Chamber Leads Group) Space Rental for Program 8,250.00 Rent/Mortaaae 8,520.00 Office Rent 6,600.00 Storage Rent 1,920.00 Marketing/Advertising 18,111.00 Advertisina Fee 4 000.00 Annual Report Filing 61.00 Street Banners 2 000.00 Billboard 500.00 Printina 3 050.00 Signage 500.00 Television Ads 4,250.00 Newspaper/Special Section 3,500.00 Web Hosting 250.00 TravellSupplieslOther 13,794.00 Hotel rooms-National Acts 3 500.00 Hotel rooms-Staff 1,294.00 Office Supplies 7,000.00 Meals-Staff-Meetings 2 000.00 2007 Delray Beach Garlic Fest Proposed Budget Remalnina Operatina Expenses 105,275.00 Apparel 7,600.00 Nol. shirts, hats, staff, mercantile items) Automobile eXDense 500.00 Bank Service CharaeslFees 1,025.00 Beer cost 12.000.00 liQuor cost 15,000.00 GeneratorslPower 12,000.00 Fencing 5,000.00 Mailing. deliverv fees 1 850.00 Dues & SubscriPtions 100.00 Education/Seminars 500.00 Equipment Rental (Diesel fuel, port-a- 33,300.00 lets, repairs. tents, tables, chairs, tower lights, fencing) Garlic Chef Stadium (aprons, food, 5,950.00 supplies orize monev, troohies\ Ice 1,000.00 Insurance 4 550.00 licenses & Permits 300.00 Cleanina Service 300.00 Repairs (ComDuter, eauiDmentY 1,300.00 T eleDhone 2,500.00 VIP PartY (Entertainment, bartendel) 500.00 Total Expenses 390,200.00 2007 Delray Beach Garlic Fest Proposed Budget :~~"''''''1"'',.",Il.~~,.,"~ ,Jij.,~~,l""""'> ,.,./,tj.U,..t.IIll'~''I'',,,,,4,.Jl~J,I'''''''''''''''''''>~'~''1'',,,,,",,,,,I~;;.1~''~'''r,.""',..,,,' "'",".l.",~",,,,,.,,,..,,,,,,,,~,,,, .",.".,,J"""f""""'1'C,,,!;1,)1 . .' .' ." - .' ,- : -, " . October 12,2005 MR. MICHAEL JOHNSON MGMT4 19462 SW 68 Street Pembroke Pines, FL 33332 REF: 7th Annual Delray Beach Garlic Fest (Nov. 11, 12 & 13, 2005) Thursdav. Nov. 10. 2005 Night Fridav. Nov. 11. 2005 Supervisor Main Gate (Atlantic Ave.) 2nd Ave Gate 2nd Ave Gate (Vol area) Back Stage Back Gate (stage) Cash Room Patrol 1 (inside event) Patrol 2 (inside event) Patrol 3 (inside event) Night Satunjav.Nov.12.2005 Supervisor Main Gate (Atlantic Ave.) 2nd Ave Gate 2nd Ave Gate (Vol area) Back Stage Back Gate (stage) Cash Room Patrol 1 (inside event) Patrol 2 (inside event) Patrol 3 (inside event) Night Sundav.Nov.13.2005 Supervisor Main Gate (Atlantic Ave.) 2nd Ave Gate 2nd Ave Gate (Vol area) Back Stage Back Gate (stage) Patrol 1 (inside event) Patrol 2 (inside event) Patrol 3 (inside event) Cash Room HOURS 2 armed 1 1 1 1 1 1 1 1 1 1 2 armed 1 1 1 1 1 1 1 1 1 1 2 armed 1 1 1 1 1 1 1 1 1 1 ~oo5 5tcurt+j OU+\\~ 7:00 pm - 6:00 am 11 :00 am -10:00 pm 3:00 pm -10:00 pm 3:00 pm - 10:00 pm 3:00 pm - 10:00 pm 11:00 am -10:00 pm 11 :00 am - 10:00 pm 4:00 pm -11:00 pm 3:00 pm - 10:00 pm 3:00 pm - 10:00 pm 3:00 pm - 10:00 pm 9:00 pm - 6:30 am 9:00 am -1:00 am 9:00 am -10:00 pm 9:00 am - 10:00 pm 9:00 am - 10:00 pm 11:00 am -10:00 pm 9:00 am - 10:00 pm 11 :00 am - 1:00 am 9:00 am - 10:00 pm 9:00 am -10:00 pm 9:00 am - 10:00 pm 9:00 pm - 6:30 am 9:00 am - 10:00 pm 10:00 am - 7:00 pm 10:00 am -7:00 pm 9:00 am - 5:00 pm 11:00 am -7:00 pm 9:00 am - 7:00 pm 9:00 am -10:00 pm 9:00 am -10:00 pm 9:00 am -10:00 pm 10:00 am - 10:00 pm TOTAL . DELRA BEACH ARTS, INC. 22 11 7 7 7 11 11 7 7 7 7 19 16 13 13 13 11 13 14 13 13 13 19 13 9 9 8 8 10 13 13 13 12 383 Delray Beach Arts, Inc. 10 S.L 1st Avenue Second Floor Delray Beach FL 33444 Sponsor Info Tel: (561) 274-4663 Vendors &. General Info Tel: (561) 279-0907 Fax: (561) 274-6129 www.dbgarlicfest.com > . '"\ DEPARTMENT OF rHE TREASURY .INTERNAL REVENUE SERVICE PHILADELPHiA PA 19255-0023 x DATE OF THIS NOTICE: 05-05-2003 NUMBER OF THIS NOTICE: CP 575 E EMPLOYER IDENTIFICATION NUMBER: FORM: SS-4 NOBOD 81-0609320 5Q( c.(4) FOR ASSISTANCE CALL US AT: 1-800-829-0115 DELRAY BEACH ARTS INC Yo NANCY J STEWART 10 SE 1ST AVE 2ND FL DELRAY BEACH FL 33444 OR WRITE TO THE ADDRESS SHOWN AT THE TOP LEFT. IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER (EIN) Thank you fQr your Form SS-4, Application for Employer Identification Number (EIN). We assigned you EIN 81-0609320. This EIN will identify your business account, tax returns, and documents even if you have no employees. Please keep this notice in your permanent records. Use your complete name and EIN shown above on all federal tax forms, payments and ~related correspondence. If you use any variation of your name or EIN, it may cause a delay in processing and may result in incorrect information in your account. It also could cause you to be assigned more than one EIN. If you want to apply to receive a ruling or a determination letter recognizing your organization as tax exempt, and have not already done so, you should file Form 1023/1024, Application for Recognition of Exemption, with the IRS Ohio Key District Office. Publication 557, Tax Exempt Status for Your Organization, is available at most IRS offices and has details on how you can apply . Division of Corporations Page 1 of2 . Florida Non Profit DELRA Y BEACH ARTS, INC. PRINCIPAL ADDRESS lOSE 1ST AVE. 2ND FLOOR DELRA Y BCH FL 33444 Changed 01/0512006 MAILING ADDRESS 10 SE 1ST AVE. 2ND FLOOR DELRA Y BCH FL 33444 Changed 01/0512006 Document Number N03000001920 FEI Number 810609320 Date Filed 03/04/2003 State FL Status ACTIVE Effective Date NONE egIS ere ..gen I Name & Address I NANCY, STEWART 10 SE 1ST AVE 2ND FLOOR DELRA Y BCH FL 33444 I Name Changed: 01/05/2006 I I Address Changed: 01/05/2006 I R . t dA t I Name & Address II Title I RYAN, BERNARD D 8001 ARLINGTON PL. w. PALM BCH FL 33405 I STEWART, NANCY II D I 227 S SWINTON AVE Officer/Director Detail http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =N03000001920&n2=NAMFW... 2/8/2006 Division of Corporations Page 2 of2 II DELRA Y BCH FL 33444 II II nnua epo s I Report Year II Filed Date I I 2004 II 07/16/2004 I I 2005 II 03/14/2005 I I 2006 II 01/05/2006 I A lR rt Previous Filing Return to List I No Events No Name History Information Next Filing. I Document Images Listed below are the images available for this filing. 01/05/2006 -- ANNUAL REPORT 03/14/2005 -- ANN REPIUNIFORM BUS REP 07/16/2004 -- ANN REPIUNIFORM BUS REP 03/11/2004 -- ANNUAL REPORT 03/04/2003 -- Domestic Non-Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =N0300000 1920&n2=NAMFW... 2/8/2006 ki...~W1 i.1l1i ~ ~ ~\I~ DELRAV BEACH ARTS, INC. 2005 DELRAY BEACH GARLIC FEST BENEFACTORS (~ indicates tt' Annual Delray Beach Garlic Fest Benefactors) ~Atlantic High School Eagle-ettes ~ Banyan Creek Elementary School ~ Boy Scout Troop 301 ~Caring Kitchen/Community Food Pantry ~Children, Hope & Horses ~Corebridge Educational Academy ~ Del ray Beach Police Explorers ~Delray Beach Public Library ~Delray Rangers Travel Baseball Association ~ Morikami Park Elementary School ~ Project Thanksgiving ~ The Miracle League ~ Young Singers of the Palm Beaches ~ Del ray Business Partners Chamber Leads Group (on behalf of the Community Food Pantry) 2005 Contributions $46,000.00 ~ro BENEFACTORS TO DATE 505 TEEN CENTER - DELRAY BEACH YOUTH COUNCIL ATLANTIC HIGH FOOTBALL TEAM ATLANTIC HIGH JUNIOR VARSITY GIRLS BASKETBALL AVDA (AID TO VICTIMS OF DOMESTIC ASSAULT BOYNTON BEACH COMMUNITY HIGH SCHOOL TIGERETTES BOYNTON/DELRAY EXCHANGE CLUB CARVER MIDDLE SCHOOL CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY DELRAY BEACH CHAMBER OF COMMERCE EDUCATION FOUNDATION FUTURE BUSINESS LEADERS OF AMERICA HAVEN FOR ABUSED CHILDREN HOSPICE OF PALM BEACH COUNTY MILAGRO CENTER OLD SCHOOL SQUARE EDUCATION MENTORING PROGRAM PINE GROVE SCHOOL OF THE ARTS PINEAPPLE GROVE - DELRAY BEACH PINEAPPLE GROVE ART WALK ROSA TUSA SCHOLARSHIP FUND ST. VINCENT FERRER CATHOLIC CHURCH UNITY OF ATLANTIC HIGH SCHOOL X10 DANCE TEAM Total Contributions to Date = $135,486.67 r--- Portalet:- I (') I" 0 -a Cf) o ~ -. ~ (') I~ ~ ~ ~ ::T ~ ... c - -. 0 I\) ... (') C :J 0 1_ ..... 0. (Q - r !!. o' CD - Cf) sa 1111 :J ~ 9..g 0 N:J:J~- o 0..... 0. I ffi ..... CD I Baby Chan . L- .It.l!iorf. . ____~~_...\I8U[ ----------------------;;;.-,., ! I =r: ~ I I r I i I ! I ! I ! I ! I I I i I j I ill i i I . I I I i I i I ! I bl !~I fll ~w I i I i I I f One Way . [IT' DF DELIA' BEA[H ~ DELRAY BEACH , l 0 It , [) A bed All-America City , III I! 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000 MEMORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: ~bert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item #~S City Commission Meeting March 21, 2006 Approve Property Lease Amendment - Head Start DATE: March 16, 2006 ACTION City Commission is requested to approve the attached Amendment #1 to the Lease Agreement between the City and Palm Beach County for property leased at the Catherine Strong Center for the Head Start Program. BACKGROUND Attached is a letter request to extend the property lease between the City of Delray Beach and Palm Beach County for City property the County leases at Catherine Strong Center for the Head Start Program. The Amendment requests a five (5) year extension. Although Mr. Helmich's attached letter indicates that the current lease expires April 30, 2006 the current lease does not expire until July 22, 2006. Mr. Helmich would like to get approval now from the City to allow him enough time to process this amendment through the County approval process. The original lease was dated July 23, 1996 and the County and City agreed to a five (5) year renewal in 2001. The reason for the extension is to allow the City and County to have enough time to work out the proposed land swap. RECOMMENDATION Staff recommends approval of Amendment #1 to the Lease Agreement between the City and Palm Beach County for the property being leased at the Catherine Strong Center for the Head Start Program. RAB:tas File:u:sweeney/agenda Doc:Agenda Lease Amendment Head Start @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS Facilities Development &. Operations Department Property &. Real Estate Management Division 3200 Belvedere Road Building 1169 West Palm Beach. FL 33406-1544 (561) 233-0200 FAX: (561) 233-0210 www.pbcgov.com/fdo . Palm Beach County Board of County Commissioners Tony Masilotti. Chairman Addie L. Greene. Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman February 27,2003 fr~ I~ if. C 1;:/1/ ~t '1 '/:"- 'I. '-D el) , ,1 'F /l-1-1 . 1'\1" , :-; f.!: If City of Delray Beach Robert A. Barcinski Assistant City Manager lOON. W. 1st Avenue Delray Beach, FL 33444 RE: Lease Agreement (R96-984D) Dear Mr. Bob: Pursuant to our phone call, I am writing you regarding the approximate one acre of ground fronting on 6th Street the County leases from the City. The County has placed modular classrooms on the site which serve as the Delray Beach Head Start Center. The lease expires April 30, 2006. As the lease contains no additional extension periods, it is necessary to amend the lease in order to extend the term. Because the County and the City are in discussions regarding a land swap which involves this parcel, we have simply extended the term for five years, but allowed for the lease to be cancelled at any time with a 90 day notice. This document has been approved by the County Attorney. Please find enclosed three copies of the agreement, one for your records and the remaining two which need to be executed and returned to me. Upon return of the documents I will present them to the Board of County Commissioners for approval and return one fully executed copy to you. I have enclosed a copy of the original lease in order to save time in the reviewing process on your end. Please keep me apprised as to the time frame I can expect the return of the two signed documents. I appreciate your effort and those of your colleagues in this regard. Please do not hesitate to contact me by telephone at 561-233-0237 or e-mail Ihelmich@pbcgov.com should you have any questions regarding this matter. "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper cc: Richard C. Bogatin, Manager, Property Management G:\Property Mgmt SectionlOut LeaselDelray Bch Headstart FaclLetter to Delray-Barcinski 2-27-06.doc AMENDMENT NUMBER ONE TO LEASE AGREEMENT THIS AMENDMENT NUMBER ONE TO LEASE AGREEMENT (the "Agreement") made and entered into , 2006 by and between the CITY of DELRA Y BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "Lessor" and PALM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the Department of Community Services, Head Start and Children Services Division, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor and Lessee entered into an Agreement dated July 23, 1996 (R96-984D), for the lease of Premises to be used for the establishment and operation of a child day care center, business office, meeting room and recreational center in conjunction with its Head Start child care and development program as described in the Agreement; and WHEREAS, the Term of the Agreement, as extended by the Renewal of Lease Agreement dated April 3, 2001 (R2001-0481), currently expires on July 22,2006; and WHEREAS, the parties desire to extend the Term of the Agreement for an additional five (5) year period commencing on July 23,2006 and extending through July 22,2011. NOW, THEREFORE, in consideration of the Premises as hereinafter defined and the mutual covenants hereinafter set forth, the Agreement is amended as follows: 1. The recitals set forth herein above are true and correct and incorporated herein by reference. 2. The Term of this Agreement is hereby extended for a period of five (5) years commencing on July 23,2006 and expiring on July 22, 2011. 3. Notwithstanding the foregoing or anything in the Agreement to the contrary, County may cancel this Agreement for any reason upon ninety (90) days prior written notice to Lessor, whereupon the parties shall be relieved of all further obligations hereunder. 4. Except as specifically modified by this Amendment Number One, all of the terms and conditions of the original Agreement remain unmodified, in full force and effect and are hereby ratified by the parties. , , I' · IN WITNESS WHEREOF, the parties hereto have executed this Amendment Number One To Lease Agreement on the day and year first written above. ATTEST: LESSEE: SHARON R. BOCK CLERK & COMPTROLLER PALM BEACH COUNTY, a political subdivision of the State of Florida By: Deputy Clerk By: Tony Masilotti, Chairman Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: Assistant County Attorney By: Audrey Wolf, Director Facilities Development & Operations LESSOR: ATTEST: CITY OF DELRA Y BEACH By: City Clerk By: Mayor Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney G:\Property Mgmt Section\Out Lease\Delray Bch Headstart Fac\Amendment One to Lease Agr HF App 02.27.06.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 1/f./{ SUBJECT: AGENDA ITEM # ~\ - REGULAR MEETING OF MARCH 21, 2006 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 17, 2006 Attached is the Report of Appealable Land Use Items for the period March 6, 2006 through March 17, 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 file the report as appropriate. S:\City C1erk\agenda memos\apagmemo 032106 FROM: DAVI~~ MANAGER PAUL DORLlNG, DIRE OR O~JPLANNING AND ZONING JASMIN ALLEN, PLA NER ~/1k1 ~ MEETING OF MARCH 21, ~6 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS MARCH 6, 2006 THRU MARCH 17,2006 TO: THRU: SUBJECT: The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of March 6, 2006 through March 17, 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. No Regular Meeting of the Planning and Zoning Board was held during this period. A. Approved (6 to 0, Christina Morrison arrived late), a request for an exception to the master sign program for Florida Capitol Bank, located within The Plaza at Delray, at the northeast corner of South Federal Highway and Linton Boulevard (1560 South Federal Highway). B. Approved (6 to 1, Andrew Youngross dissenting), a request for a free standing sign for Commerce Bank within the Delray Town Center, located at the northeast corner of Linton Boulevard and Military Trail (4975 Linton Boulevard). Concurrently, the Board approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation changes. C. Approved (7 to 0), a Class I site plan modification associated with architectural elevations changes for Michael's Way (fka Seagate Villas), located at the northeast corner of Seasage Road and Bucida Road. City Commission Documentation Appealable Items Meeting of March 21, 2006 Page 2 D. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation changes and extensive internal renovations for Tarpon Bend, located on the south side of East Atlantic Avenue, east of SE 2nd Avenue (290 East Atlantic Avenue). E. Approved (6 to 0 Andrew Youngross stepped down), a Class I site plan modification of the architectural elevations associated with the sales trailer within the Gramercy Square development, located on the west side of Military Trail, south of West Atlantic Avenue (14901 South Military Trail). F. Approved (6 to 1, Christina Morrison dissenting), a Class II site plan modification associated with architectural elevation changes and landscape improvements for Palm Terraces, an existing multiple family residential development located at the southwest corner of Bond Way and Palm Trail (1000 Palm Trail). G. Approved (6 to 1, Christina Morrison dissenting), a Class II site plan modification associated with architectural elevation changes and landscape improvements for Hammock House, an existing multiple family residential development located on the west side of NE 9th Avenue, north of George Bush Boulevard (1014 NE 9th Avenue). H. Approved (5 to 1, Christina Morrison dissenting and Dan Carter stepped down), a twenty-four (24) month extension (expires April 14, 2008) for Astor (fka Villas in the Grove) a mixed-use project, located at the northeast corner of Pineapple Grove Way and NE 1st Street. . Recommended approval (5 to 0, Linda Lake and John Miller absent), of the City initiated amendment to the Land Development Regulations Sections 2.4.6(E) and 4.6.19 and Appendix "A" regarding the designation and protection of "historic trees". · The Board's motion to approve the proposed moratorium as recommended in the staff report failed on a 1 to 4 vote (Francisco Perez-Azua, Maura Dersch, Randee Schatz and Michelle Reich dissenting). The Board recommended that the effective date of the moratorium coincide with second reading of the enacting ordinance (not March 6, 2006) and felt that the penalties contained in the ordinance were extreme. The items noted above are not appealable and will be forwarded to the City Commission for action. 1. Tabled at the request of the applicant (4 to 0, Randee Schatz, left the meeting), a request for a Certificate of Appropriateness associated with the new construction of a two-story single family residence for North Del-Ida Estates Lot 2 - 116 NE 7th Street (formerly 106 NE ih Street). 2. Continued with direction (4 to 0), a request for a Certificate of Appropriateness associated with the new construction of a two-story single family residence for North Del-Ida Estates Lot 1 - 112 NE 7th Street (formerly 106 NE ih Street). The Board directed the applicant to break up the east elevations, reduce the square footage to meet compatibility along the street and modify the roof line to reduce massing. City Commission Documentation Appealable Items Meeting of March 21,2006 Page 3 3. Continued with direction (4 to 0), a request for a Certificate of Appropriateness associated with the new construction of a two-story single family residence for North Del-Ida Estates Lot 4 - 111 NE 6th Street (formerly 106 NE ih Street). The Board requested that the applicant revise the plans to address the staff's recommendations as contained in the staff report. By motion, receive and file this report. Attached: Location Map MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERlfJt1 AGENDA ITEM # ~ U - REGULAR MEETING OF MARCH 21, 2006 AWARD OF BIDS AND CONTRACTS TO: SUBJECT: DATE: MARCH 17, 2006 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Westco Turf Supply, Inc. in the amount of $33,104.92 via the Florida State Contract #515-630-03-1 for the purchase of two (2) Model #30344 Toro Groundsmaster 3280-D Rotary Mowers for Parks Maintenance. Funding is available from 001-4138-572-64.90 (General Fund/ Other Machinery/Equipment). 2. Bid award to Midnight Sun Tours, in the estimated annual amount of $73,311.00 for bus rental and driver services for the Parks and Recreation Department. Funding is available from 001-4127-572-55.30 (General Fund/Youth Football), 115-4912-572-55.30 (Special Projects Fund/Youth Football), 001-4105-572-44.90 (General Fund/Out of School Program/ Lease Costs), 001-4121-572-44.90 (General Fund/Athletics & Special Events/Lease Costs), 001-4127-572-44.90 (General Fund/Pompey Park/ Lease Cost), 001-4119-572-44.90 (General Fund/Teen Center/Lease Cost), and 001-4111-572-44.90 (General Fund/Parks & Recreation Administration/ Lease Costs). 3. Bid award to Harcross Chemicals for the purchase of hydrofluorosilicic acid at an estimated annual cost of $31,730.00 for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/ Chemicals) FY 06/07. 4. Purchase awards via the Florida Sheriffs' Association Contract #04-12-0823 Rollover to Garber Ford in the amount of $20,921.00 for one (1) 3f.t Ton Pickup Truck for the Parks & Recreation Department; and award to Classic Chevrolet in the amount of $12,038.00 for one (1) Compact Pickup Truck for the Community Improvement Department. Funding is available from 001-4138-572-64.20 (General Fund/Automotive) and 001-2741-524-64.20 (General Fund/Automotive). 5. Purchase award to CDWG, Inc. in the amount of $25,777.00 via the State of Florida Contract for the purchase of the HP MSL6030 Tape Library. Funding is available from 334-6111-519-64.11 (General Construction Fund/Computer Equipment). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo 032106 MEMORANDUM FROM: David Harden, City Manager Jacklyn Rooney, Purchasing Manager ~L_ Joseph Safford, Finance Director U TO: THROUGH: DATE: March 13,2006 SUBJECT: DOCUMENT AnON - CITY COMMISSION MEETING MARCH 21, 2006 - PURCHASE AWARD OF TWO (2) TORO GROUNDSMASTER ROTARY MOWERS FROM WESCO TURF SUPPLY VIA FLORIDA STATE CONTRACT Item Before Commission: City Commission is requested to approve award to Wesco Turf Supply for the purchase of two (2) Model #30344, Toro Groundsmaster 3280-D with 72" Recycler Deck via the Florida State Contract #515-630-03-1 for the total amount of $33,104.92 per the attached requisition #124540 from Parks Maintenance. Background: The Parks and Recreation Departments is in need of two (2) mowers for the Cultural Division which includes Catherine Strong, Boy Scout Hut, Bexley Park and Cornell Park. These Toro Grounmaster Mowers Model #30344 are available from Wesco Turf Supply via the Florida State Contract #515-630-03-1 for $16,552.46 each which includes the Florida State Discount of $4,400.02 each for a grand total price of $33,104.92. The purchase order is to be issued to Wesco Turf Supply with shipment and service to be provided by Hector Turf who is the local vendor in South Florida Area and has agreed to extend the Florida State Contract pricing to the City of Delray Beach as shown on the attached memo and quotation dated March 02, 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 to Wesco Turf Supply Inc. for the purchase of two (2) Model #30344, Toro Groundsmaster 3280-D with 72" Recycler Deck via the Florida State Contract #515-630-03-1 for the total of $33,104.92 after discounts from the Florida State Contract. The purchase order is to be issued to Wesco Turf Supply Inc. with shipment and service from the local vendor, Hector Turf. Funding from account code 001-4138-572-64.90. Attachments ~lA.\ [IT' DF DELIA' IEA[H DElRAY BEACH f lOll I 0 " tI.ezII ;ijjr 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 1993 To: Jackie Rooney, Purchasing Supervisor ~TbroUgh: Joe Weldon)trlrector of Parks and Recreation ~m: Tim Simmons, Parks Maintenance Supervisor Date: March 7, 2006 Subject: Purchase of Two Toro Groundsmaster Mowers This memo pertains to the request to purchase two Toro Groundsmaster Mowers for the City of Delray Beach. They are additional mowers for the Cultural Division which includes Catherine Strong, Boy Scout Hut, Bexley Park and Cornell Park. The company that we would like to go with is Wesco Turf Supply, Inc. with shipment and service via Hector Turf They have provided pricing for us per Florida State Contract #515-630-03-1. Effective 6/9/03 - 5/20/06. The quote for two mowers was $41,904.96. We have a discount of $8,800.00 with the Florida State Contract. The total would be $33,104.92. The quotation dated March 2,2006 was provided by Chris Fordney, (954) 429-3200 The account code that we would be using is: 001-4138-572-6490 The purchase requisition number is: 124540 @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS Mar 02 06 10:59a Chris Fordne~ 561-337-6568 p.1 1301 NW THIRD STREET I DEERFIELD BEACH. Fl33442 TEL: (954) 429-3200' FAX: (954) 360-7657 March 2, 2006 Mr. Tim Simmons City of DeJray Beach 320 SW 4th Street DeJray Beach, FL 33444 Dear Mr. Simmons: Via Fax # 561-243-7269 We are pleased to offer the enclosed quotation for your consideration. 1he enclosed quotation is based upon your acceptanee wid1in 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 opporbmity to provide you a quotation. If you bave 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 1URF Chris Fordney Account Representative Gtwanment and Municipals CF:jac Enclosure Mar 02 06 10:59a Chris Fordne~ 561-337-6568 p.2 1301 N.W. THIRD STREET I DEERFIELO BEACH. Fl33442 TEL: (954) 429-3200 . FAX: (954) 360-7657 Q..'" ProvIded for City ofDelny Beach Marclt 2, 2006 Model # 2 ea 30344 2 ea 30379 2 ea 30312 2 ea 30398 2 ea 30707 2 ea 108-9687 2 ea 24-5790 ter Kit Subtotal Florida State Contract Diseout TOTAL Pricing per Florida State Contrad # 515-630..03-1 Effective 6J9/83 - 5120106 . Note: >>' Issue purchase order to Waco TurtSupply, lac. )> SlUplIleBt aDd service via Hedor Turf Provided by: Chris Fordney (954) 429-3200 AGENDA ITEM NUMBER: ~~,\ AGENDA REQUEST Request to be placed on: Tuesday, March 21, 2006 Date: March 13, 2006 1L Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approve award to Westco Turf Supply for the purchase of two (2) Toro Groundsmaster Rotary Mowers via the Florida State Contract #515-630-03-1 for the total amount of $33,104.92 for Parks Maintenance. These mowers to be used for the Cultural Division which includes Catherine Strong, Boy Scout Hut, Bexley Park and Cornell Park. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award to Westco Turf for the purchase of two (2) Toro Groundsmaster Rotary Mowers via the Florida State Contract #515-630-03-1 for the total amount of $33,104.92. Total amount includes Florida State Contract Discount of $4,400.02 per tractor. Funding from account code 001-4138-572-64.90. (Parks & Recreation, Cultural & Facilities Maint., Other Machinery/Equipment) 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): J. 'J:S Funding available: Yes ,..~ S'fc. No , Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~-4 No Hold Until: . Agenda Coordinator Review: Received: MEMORANDUM FROM: David Harden, City Manager Jacklyn Rooney, Purchasing Manager ~ Joseph Safford,~nce Director TO: THROUGH: DATE: March 13,2006 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MARCH 21, 2006 - BID AWARD - BID #2006-11 BUS RENTAL AND DRIVER SERVICE FOR PARKS AND RECREA nON Item Before Commission: City Commission is requested to approve the bid award to low bidder, Midnight Sun Tours, for Bus Rental and Driver Service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition and Leadership Delray at an estimated annual cost of $73,311.00 (which will be billed according to actual usage) from fiscal year 2005-2006 and 2006-2007 Budget. Back~round: Bids were received on February 22, 2006 from three (3) contractors all in accordance with City purchasing procedures. (Bid #2006-11. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. As stated on the attached memo dated March 08, 2006, the Director of Parks and Recreation recommends award to low bidder, Midnight Sun Tours who is our current vendor. The Parks and Recreation Department has been contracting out bus services for several years for special events, summer camps, after school, youth football, etc. and have had several problems arise. Based on the City's current experience working Midnight Sun Tours, staff recommends this bid award to Midnight Sun Tours. Funding from Fiscal Year 2005-2006 and 2006-2007 budget for an estimated annual usage of $73,311.00 (which will be billed according to actual usage). Funding from the account codes as listed below. Summer Day Camp 001-4127-572-55.30 - $ 7,000 115-4912-572-55.30 - $ 7,000 001-4105-572-44.90 - $ 24,750 Youth Football ~~:~ Holiday Camp Special Events Veteran's Park Aquatic Sport & Dance Competition Leadership Delray 001-4105-572-44.90 - $ 001-4121-572-44.90 - $ 115-4930-572-56.13 - $ 115-4930-572-56.19 - $ 001-4127-572-44.90 - $ 001-4119-572-44.90 - $ 001-4111-572-44.90 - $ Attachments: Tabulation of Bids Memo From Director of Parks and Recreation 8,190 5,436 4,680 2,930 4,680 4,680 3,965 03/08/2005 03:49 2437258 PARKS AND RECREATION PAGE 01 . MEMORANDUM ~ . , .' . " '- .... FROM: \'\IIJ 'I\JV Joe Weldon,\Dircctor ofPuks & Recteation \ Alberta Gaum-Ricka.td, Project Coordinator ar- TO: SUBJBCT: DATE: Bus Bid # 2006-11 Match 8, 2006 I recommend Midnight Sun Tours be awarded the bus rental bid because their service thus far has been professional. 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CD c =0 's~ .0= = CD tng III lG CD(J U U c&;: e.u .!CD CDQ. 0:::U) ..- '**' c: Q) 'C ~ ~ "0 Q) ~ c: ~ ::t 15 c: 'C i5 ..- '**' c: Q) 'C ~ 'C ~ al ~ c: ~ o c:( ..- '**' c: Q) "0 ~ ~ al ~ o c: ~ ::t li c CD E E o (J 8 o S:! ~ Ul 1( B .~ CD en Ul ::J ~ C o i '3 ..Q t!! 'C in '& c 'iii III ~ ::J ! c III C S in Ii.: ~ AGENDA ITEM NUMBER: <6\A;1 AGENDA REQUEST Request to be placed on: Tuesday, March 21, 2006 Date: March 13, 2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approve award to low bidder, Midnight Sun Tours, for Bus Rental and Driver Service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition, and Leadership Delray at an estimated annual cost of $73,311. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award to low bidder, Midnight Sun Tours, for Bus Rental and Driver Service for the Parks and Recreations Department at an estimated annual cost of $73,311. Funding from 001-4127-572-55.30 ($7,OOO) & 115-4912-572-55.30 ($7,OOO) for Youth Football, 001-4105-572-44.90 ($24,750- Summer Day Camp), 001-4105-572-44.90 ($8,190 -Holiday Camp), 001-4121-572- 44.90 ($5,436 - Special Events), 001-4127-572-44.90 ($4,680) and 001- 4119-572-44.90 ($4,680) for Sport and Dance Competition, and 001-4111-572-44.90 ($3,965) for Leadership Delray . _ 0 Department Head Signature: ~, ~~ Determination of Consistency with Comprehensive Plan: \ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items i1vOIVlng expenditure of funds): F"f' ").ool> p,.. -z..o...., CUPb~ Funding available: Yes ~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: 2:\ P.;' r/J., Approved for agenda:~ b.-!t' Hold Until: No Agenda Coordinator Review: Received: MEMORANDUM TO: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manage~ Joseph Safford, Finance Director FROM: THROUGH: DATE: March 16, 2006 SUBJECT: DOCUMENT AnON - CITY COMMISSION MEETING MARCH 21, 2006 - BID AWARD BID #2005-35 - HYDROFLUOSILICIC ACID TO HARCROSS CHEMICALS Item Before Commission: The City Commission is requested to approve award to Harcross Chemicals for the purchase of Hydrofluosilicic Acid for the Water Treatment Plant at an estimated annual cost of $31,730 per Bid #2006-14. Background: The City of Delray Beach is the lead agency for this Co-operative bid with the City of West Palm Beach. Bids were received from one (1) vendor on February 28,2006 and two (2) "no bid" were received by the Purchasing Dept. prior to opening of bids. (Bid #2006-14 on file in the Purchasing Office). The Manager of the Water Treatment Plant recommends award to Harcross Chemicals at an estimated annual cost of $31,730 for the City of Delray Beach per attached memo dated March 14, 2006. The City of West Palm Beach agrees and supports the recommendation for the award as stated on attached e-mail message dated March 08, 2006. Recommendation: Purchasing staff recommends award to Harcross Chemicals for the purchase of Hydrofluosilicic Acid at an estimated annual cost of$31,730. Funding from account code 441-5122-536-52.21. Funding from Fiscal year 2005- 2006 and 2006-2007. Attachments: Memo to Water Treatment Plant Tabulation of Bids Memo from Manager Water Treatment Plant E-Mail from City of West Palm Beach Cc: lC. Chandler, City of West Palm Beach ~lA3 ~A'i ,- 0 :~>/ ~ 0: .......: .t' ff'. V <"~ " ..--:: ~ ~4};--l!>~~. City Of Delray Beach Department of Environmental Services M E M 0 RAN D U M www.delrayesd.com TO: Jackie Rooney, Purchasing Manager FROM: John M. Bullard, Manager, W.T.P. fI5 SUBJECT: Hydrofluosilicic Acid Bid. DATE: March 14,2006 I recommend that Bid # 2006-14, Furnish and Delivery ofHydrofluosilicic Acid, be awarded to Harcros Chemicals. JMB/gpi U: Imemos from J Bu/lardlRooney Hardcross March 06.doc Page 1 of 1 Rooney, Jackie From: JC Chandler [JChandler@wpb.org] Sent: Wednesday, March 08, 20062:02 PM To: Rooney, Jackie Subject: 8B#2006-14 Hydrofluosilicic Acid. Jackie, The City of West Palm Beach agrees with and supports your recommendation for the award of 8B #2006-14 Furnish and Delivery of Hydrofluosilicic Acid, to Harcross Chemicals. JC Chandler Contract Officer City of West Palm Beach Procurement Division 3/15/2006 ~ ~ [IT, DF DElRlIY BEA~ PURCHASING DIVISION TO: John Bullard, Manager Water Treatment Plant Jackie Rooney, Purchasing Manage~ Joseph Safford, Finance Director FROM: THROUGH: DATE: March 08, 2006 SUBJECT: Bid #2005-35 Furnish and Delivery of Hydrofluosilicic Acid - Annual Contract Attached is the "Tabulation of Bids" and a copy of the bid received on February 28,2006 for the above referenced subject which is a joint bid with the City of West Palm Beach with the City of Delray Beach as the lead entity for this joint bid. One bid was received from Harcros Chemicals. Bids were requested from DemandStar.com from seven (7) vendors. Bidders list attached. Two (2) "No Bids" were received in Purchasing (copies attached). Please review tab sheets and forward to Purchasing your award recommendation and I will forward to City of West Palm for approval and to City Commission for approval. If you have any questions, you may contact me at ext. 7163. Attachments Cc: City of West Palm Beach Purchasing TABULATION OF BIDS BID #2006-14 "FURNISH AND DELIVERY OF HYDROFLUOSILICIC ACID - ANNUAL CONTRACT" JOINT BID WITH CITY OF WEST PALM BEACH FEBRUARY 28,2006 VENDOR NAME HARCROSS SHRIEVE CHEMICAL CHEMICALS COMPANY SOLVAY CHEMICALS UNIT PRICE PER GALLON DELIVERED $1.67 GAL. NO BID FOR MULTIPLE STOP DELIVERIES IF LESS THAN 3500 GALS, BASED ON A 23% ANALYSIS NO BID ADDITIONAL CHARGES $1.47 GAL. FOR ONE (1) STOP DELIVERIES EXCEEDING 3500 GALS. OR MORE BASED ON A 23% ANALYSIS DELIVERY 2-5 CALENDAR DAYS FEB 27 2006 11:13 SHRIEVE CHEMICAL p. 1 " STATEMENT OF NO BID Bid '# 2006-14 Furnish and Dellverv of Hvdrofluoslllclc Acid - Annual Contract If you are not bidding on this service/commodity, please com.plete aDd return this form to: at)' of Delray Beach Purchasing omee, 100 NW 1st Avenue, Delray Beach, FL 33444 or tax to (561) 243.7166. FaUure to rupond may result in deletion of vendor's name from the qualil1ed bidder'. Ust for the City Gf Delray Beach. COMPANY NAME: SRRIEVE CHEMICAL COMPANY AJJDRESS: 1755 WOOD STEAD COURT.THE WOODLANDS. TX 77380 TELEPHONE: (800 ) 367-4226 SIGNATURE: ..:iu:-l...tJvwJ;!(J DATE: FEBRUARY 27. 2006 Minority Owned Business: ( ) Black () Hispanic () Woman () Other (Specity) We. the undersigned have declined to bid on your Bid '# 2006-14 For: Furnish and Delivery ofHydrofluosilicic Acid - Annual Contract _ Specifications too ..tight", i.e. L Our product schedule would not permit seared toward brand or manufacturer us to Perform only (explain below) _ Unable to meet specifications _ Insufticient time to respond to the Invitation to Bid _ Unable to meet bond requirements _ Specifications unclear (explain below) _ We do not offer this product or an equivalent _ Oth.or(spccifybelow) _Other (specify below) REMARKS: 21 FEB-24-2006 FRI 02:49 PM SOLVAY CHEMICALS ,,'to . FAX NO. 713 5257805 P. 02 ,,', . . ..I- i. STATEMENT OF NO BID BId # 2006..14 Furnish and Delivery of Hydrofluosilicic Acid.. Annual Contract If )'Oll arc not bidding on this service/commodity, lllease complete and return this form to: City of Delr~y Beach Pun'basing Office, 100 NW 1st Avenue. Delray Beach. FL 33444 or ra~ to (561) 243-1166. Failure to respond may result in deletion of vendor's name from tbe qualified bidder's list tor the City of Delray Bcncla. COMPANYNAMB: ~olvav Chemicals.~_LLC 3333 Richmond Avenue ADDRESS: Hall stan. IX 77098 Tm_HPHON[;:~~~-~. _ SlGNA1'UREr ~. J~- DATE: February t[. 2006 Minority Owned Business: ( ) Blnck () Hispanic () Woman () Other __ (Specity) We, the und<;rsigned have declined to bid on your Bid #2006-14 POl': Furnish and Delivery ofHydrofluoslHclc Acid - Annual Contract _ SpccHicntions too CCtlght". Le. geared toward brand or manufacturer only (explain below) -L.._ Our product schedulo would not permit us to perform ~ In.c;umeiclJl time to respond to 1ho Invitation to Rid _ Unftble to meet specifications __ Unable to meet bond requirement:; _ ._ We do not offer this product or all equivalent _ Specification.'3 unclear (explain below) _ Other (specify below) _01l1cr (specify below) REMARKS: 21 AGENDA ITEM NUMBER: 1) ll3 AGENDA REQUEST Request to be placed on: March 21, 2006 Date: March 16,2006 xx Consent Agenda _ Special Agenda _ WOrkshop Agenda Description of agenda item: Approval for award to Harcross Chemicals for the purchase of hydroflourosilicic acid at an estimated annual cost of $31,730. Pricing per Bid #2006-14. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award to Harcross Chemicals for the purchase of hydroflourosilicic acid at an estimated annual cost of $31,730. Pricing per Bid #2006-14. Funding from account code 441-5122-536-52.21 for FY 2005 - 2006 and FY 2006 - 2007. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~ No Hold Until: ! Agenda Coordinator Review: Received: Action: Approved Disapproved ?~. MEMORANDUM TO: FROM: SUBJECT: DATE: CAROLANNE KUCMEROWSKI KEVIN RUMELL, FLEET MAINTENANCE SUPERINTENDENT ADDITIONAL VEHICLES MARCH 17,2006 Carolanne, These additional vehicles have been approved by Mr. Harden, and need to be added to the consent agenda for City Commission meeting on Tuesday, March 21, 2006. The purchase of one truck from Garber Ford utilizing the Florida Sheriff's Contract 04-12-0823 rollover, in the amount of $20,921.00. This will be an additional vehicle to the fleet for Parks and Recreation / Cultural & Facilities; funding is available from account #001-4138-572-64.20. The purchase of one truck from Classic Chevrolet utilizing the Florida Sheriff's Contract 04-12-0823 rollover in the amount of $12,038.00. This will be an additional vehicle to the fleet for Community Improvement / Rental Housing Inspector; funding is available from account #001-2741-524-64.20. Vendor Contacts: Garber Ford - Dan Devries (904) 264-4502 / Fax (904) 284-8717 Classic Chevrolet - Peter Popiel (407) 298-1535 / Fax (407) 298-6170 C: Doug Smith Richard Hasko Jim Schmitz '8lA~ Q) II) ro .c "E ~ Q) ::J Ea.. - Q) .... (:;00 rorol.L. ~a.l3 2(3(0 >- LL. .- 0 ~~~.}, ~.~ > 0 _~ro>- o>cl.L. >- "0 .Q ::::0):::: UII)"O ~~ e ~ a.. I- "0 C <( 'li'i N:ffi 00l0l (.)ON JiiNM o I- Ni~ 0l_10_ .~ ~~ ~,~ ....1::(.) I g-I -'" (,) 0:: @.g Q) 0 e:! 'C I/') 0 o~o ~l.L..(.) Q) e ~ 'C > III .... Q), ~ ~ <31 Q) e "E ~ ~<3 o G3 .~ -g e l:l ~<B<3 ~S "" c. C. ::J, (1) ~ t3i :Q5~~1 ~ '5. (,) I >.C 5 ~ ;=gl-E Q)Q)~O ZOM(.) Qi 'C ~~~ Q):2:2 ~~~ ~CiiCii Q) c:: c:: '0 .Q.Q :E~~ >Q) :g :g <(<( 5.i"!!.i"!! c:: c:: 'C C Q) Q) a, E .iji Q) ~ Ul 0 0' <( 1ij al c ai, E! ~ :s 1':;1 t:: III .-1. ~ ~ 5 Q)UlE o ~ E III 0 0.(.) Q) Q) -'" E 0 0 r:. ~ c:: c:: :J:I: ~ III III :CCC Q) > Q) c:: ~INI ::::i:J:I: ..- Ol I/') Ol N M ~ Q) Cl ro a.. Cii '0 I- - C Q) .5 .... ro a. Q) o Q) 0(0 Co roo ~N - - c~ '(ij ..- ~.c o - .... Q) ro ~~ I.L. >- ~ "0 Q) .... ro a. Q) .... a.. CI) Q) - C3 ~.... ..c:E ....Q) (.)Q) - 'E> ttl> <:( 0.2 Q)- · U(5 CCttlco_ c:::: >'ttl 59 a3~"" .... :;:::; LO E !E ,., Cil'6O Q)~ o "O<(>--n..c: 0 - LL.~CI)N 0"0 -<( ttl ..- >'Q) "0' ~ CI) .i:: g u~ .2 o LL. .... n. c CI) o .~ .- - co:: Q) (.) .... ro ~LL. c::::~ "0 ::l c~ ttl ::l (1)U ~ .... ttl n. - .... c 0 Q)t) E Q) Q) a. > CI) o c 0.0, E .5 - CI) >'::l ~ 0 SJ: Eco E'E o Q) Uc:::: 'U)..-o> ONLO () o>.q ON NM ca - o I- 0> LO 0>. N M ~ - tA o I ()..-co E~8 G)ciN .:!::C'\I~ co - o I- G) C :J =t:a: CJ G)COLO Q.NN (I)'l:l::'l:l:: <C (I) LL _ co o o N I"- a3 (5 .... > "0 Q) ......c: ~~U o .... (.) 't' Q)'OO C.DCI) G)lro~ ><9U ..c: e ro ~ tAiN G)IX ui-.:t :2116 G)IU >I~ ~ 'I ~ .g G)U~ Zlo .2 ....iCl) 0 OiO U '..... - Ci", Q) 01, (5 ..ILL. ~ Q.I"E Q) '-'10..c: ~,LL. U tA'CO CO G)IO 0 cl~ ~ _ MEMORANDUM FROM: David T. Harden, CY.{ Manager Guy Buzzelli, CIO (j) TO: THROUGH: Joe M. Safford, Director of Finance SUBJECT: Tape Library Upgrade - HP MSL6030 Tape Library DATE: March 15, 2006 ACTION We are requesting City Commission approval to purchase the following from CDW-G: o HP StorageWorks Tape Library o HP Care Pack 24x7 Same Day Hardware Support o HP Dual Channel Ultra320 (Connect Server to Library) o HP SCSI External Cable o Quantum L TO Ultrium 400 GB Storage Media (Tapes) The hardware and installation are outlined in the attached proposal. Funding for this purchase is as follows: Account Code 334-6111-519-64.11 Amount Total $ 25,477 INFORMATION Currently the City is using a Spectra logic 10K Tape Library with (2) internal AIT3 tape drives. Each AIT3 tape holds 100 GB of data "native", not compressed. Our current tape library uses nine tapes during the daily backups, which is an increase from five tapes less than two years ago. Our tape backup has more than doubled since January 2005. The current tape library connects to the backup server using an Adaptec 29160 SCSI card. This card and configuration is not supported by HP and when we experience problems related to the SCSI card we cannot get server support. The proposed tape library connects to the backup server using a HP approved SCSI card that is supported by HP. The new proposed tape drive is a HP MSL6030 Tape Library using (2) internal L T03 tape drives. Each L T03 tape holds 400GB of data "native". It quadruples the amount of data that we can backup per tape thus greatly reducing the number of tapes used. Also, we currently transfer 12MB of data per second using the AIT3 tapes. With the L T03 tapes we will be transferring 80MB of data per second. We will be able to transfer more than six times the data per second with the new tapes, which will result in faster backup time. RECOMMENDATION IT recommends purchasing the HP MSL6030 Tape Library from CDW-G. Compared to the quotes from other vendors (Attached), CDW-G offers the best rates. Please forward this information to the City Commission for their review and approval. Encl: Vendor Quotes cc: Candice Ewing, Administrative Assistant ~l\.S Quotes Page 1 of2 ~ " '1 My Purchases Order Status My Organization My Account . Account Team . Special Events . Tradeshows E-Newsletters . Research Center i'/1V ..Jf'.\(::,.:., r,~ 1,/ /'i . Security Settings r"", . Accounts Payable . Asset Management . Software License Tracker . Quotes . Purchase Authorization liPY'"J . Custom Catalog 11f.'1'I . Online Chat =, ;-J ~ :.., : J 6 _~~~t~~~~r~;~~sl~-;rd~;~T~~~;;e i~et~~;~in~T~~~;~~~:~r;;:;I~~~r;;~~ers ~....1.4I1 Find Your Quotes Barbara Flynn Your Quotes !, Quote Details Quote # r Quote Information I. Send Quote to an associate Quote #: ZV59420 Need Help? Status: Quote Date: Contact: Description: Open 1/17/2006 BARBARA FLYNN HP CA u,Jj, Contact Mike Zorica Phone: (866) 339-3535 Fax: (312) 705-8218 E-Mail Quote to Mike Billed From Address CDWG Ine. 200 N. Milwaukee Ave Vernon Hills, IL 60061 Billing Address BARBARA FLYNN BARBARA FLYNN AlTN: CITY OF DELRAY BEACH 100 NW 1ST AVE DELRAY BEACH I FL 33444-2612 (800) 594-4239 (561) 243-7191 Shipping Address CITY OF DELRAY BEACH AlTN: BARBARA FLYNN 100 NW 1ST AVE DELRAY BEACH, FL 33444-2612 Payment Method Select payment method durinq checkout. Shipping Method Select shipping carrier during checkout. Product Contract CDW Mfg Part # Qty Price Ext. Price HP StorageWorks MSL6030 - Standard 768887 AD607A $13 ,680.00 $13,680.00 tape library - Pricing LTO Ultrium - SCSI Hewlett Packard ESP Only HP Care Standard Pack 4-Hour Pricing 790416 UC6S0E 1 $597.00 $597.00 24x7 Same Day Hardware Support HP Dual Standard Channel 458139 268351.821 1 $242.00 $242.00 Ultra320 Pricing HP SCSI 173546 341174-821 1 $46.00 $46.00 external cable Standard https://www.cdwg.comlshop/ quotes/QuoteDetails.aspx?qn=ZV 59420 1/27/2006 Quotes - 6 ft Pricing 'Tax may change if this Quote is amended. Sub-Total Shipping: Grand Total Page 2 of2 $14,565.00 $0.00 $14,565.00 Copyright 2006 CDW Government, Inc. Terms and Conditions of Use I Terms and Conditions of Sale I Privacy Policy https://www.cdwg.comlshop/quotes/QuoteDetails.aspx?qn=ZV 59420 1/27/2006 Quotes Page 1 of 1 ~. :t~f~(~'''!::/l~ . c:':J':n (t/:. ....Y\'i1jf}.""- /' ((i,Jv'). -- /i {QA J /o1-tc~.fG.f1 /! - (J, I 1("-:(" Ul'n 800.581.4239jr r7~( , Find Your Quotes Barbara Flynn Your Quotes Quote Details Quote # ,- ( T:' ",~) i;~}-<:<{.:;"_,-,_,.,,> Quote Information I. Send quote to an associate Quote #: BBL0651 Need Help? Status: Open Contact Mike Zorica Phone: (866) 339-3535 Fax: (312) 705-8218 t E-Mail Quote to Mike Quote Date: 1/26/2006 Contact: BARBARA FLYNN Description: QUANTUM TAPES QUOTE Billed From Address CDWG Inc. 200 N. Milwaukee Ave Vernon Hills, IL 60061 Billing Address BARBARA FLYNN BARBARA FLYNN ATTN: CITY OF DELRAY BEACH 100 NW 1ST AVE DELRAY BEACH, FL 33444-2612 (800) 594-4239 (561) 243-7191 Shipping Address CITY OF DELRAY BEACH ATTN: BARBARA FLYNN 100 NW 1ST AVE DELRAY BEACH, FL 33444-2612 Payment Method Seiect payment method during checkout. Shipping Method UPS Ground :;j' ~}-~ Product Contract CDW Mfg Part # Qty Price Ext. Price 753331 MR-L3MQN-Ol 124 $88.00 $10,912.00 Sub-Total $10,912.00 Shipping: $0.00 Grand Total $10,912.00 Quantum l TO Ultrium 400 GB Storage Media Standard Pricing N) K.:)" t':: .---J 'Tax may change if this quote is amended. 1Dfl..{ ~bVv& QuOLL ~ '::>-'17 7 . 0 0 I https:/ /www.cdwg.com/shop/quotes/QuoteDetails.aspx?qn=BBL0651 &printable= 1 1/27/2006 Storsoft Technology 2120 Bahia Lane Fort Lauderdale, FL 33327 USA QUOTATION Quote Number: RFQ (HP Tape) Quote Date: Jan 27, 2006 Page: 1 Voice: 954-659-3081 Fax: 954-206-0885 .-.'to: City of Delray Beach 100 N.W. 1st Ave Delray Beach, FL 33444 USA Customer ID City of Delray Beach GoocIThru 1/31106 ~f""'tI Net 15 Days, Purchase by 1f31/06 Sates Rap evansjohn Quantly It8m De_pion untt.... .AMOUrit ... 1.00 AD607A HP StorageWorks MSL6030 - Tape library 15,689.00 15,689.00 rack-mountable - 2 xL TO Ultrium ( Ultrium 3) - 12 TB /24 TB - s1015: 30 x 400 GB / 800 GB - SCSI- LVD - 5 U 1.00 UC650E HP Care Pack 4-Hour 24x7 Same Day 765.00 765.00 Hardware Support - Extended service agreement - parts and labor - 1 year- on-site - 24x7 - 4 h 1.00 268351-B21 HP 64-bit/133MHz Dual Channel Ultra320 329.00 329.00 SCSI host bus adapter - Storage controller - 2 Channel - Ultra320 SCSI - 320 MBps - PCI-X 1.00 34117 4-B21 HP - SCSI extemal cable - 68 pin VHDCI 57.00 57.00 (M) - 68 pin VHDCI (M) - 6 ft 124.00 MR-L3MQN-01 Quantum data cartridge, L TO-3 88.00 10,912.00 Subtotal 27,752.00 Sales Tax .... ....... ~;...<..< .. ...~ ..J ~ l~ ~~ 8 8 8 8 ~.....o ~ ~ c:) .-. ~ 1 16 8 0.. r8 ffi! en M . ..... ~15ClO ~ ~ ~ 8- I -' ~ l II II ~~ ~ ~ ~ ~ l~ ..... ..... ~ 8 8 8 8 $ ~ ~ ~ ..... (0) o D o o o ::3 o o u o ~o ~W~ [1 >- ~ ;:) ~ 1-000Z-, C U(l)~u.. E :J: !z '< :x: c UBt;U~ G a:~Ug;;~~ EJ 5>-~u..>-"7' ~ <( ..~$~ :::: ~~Z~<'l' = ~~~~l:~ng " l ~ Qj (;)~ 6 IJ ~B~ ~ ~ ~ 8 ... .- .- .- .- .... en ~ ~ ,.:. ..... ..... ~ u.. ~ ~1- O! ~-' ~-'1- ~ :=;0....... ;:)> lHlf ,.:. a:;:;~ ~Q:~::E~:50 ..... Ozo (l)wo... WZ ..... S!;:)(O) ::J$- :;l ~ ""el:au~c5, g;8~ ..... ::E-'~~::::la:~5::::luC) ~" ~i~~~~~~~I~ lis ::::lu::Ewow:c!!$;:) u.. ti .....a:!;(-'~C)~'~~lli Jj~~~~~~~~~~~ u15.-'~~;:)ol-x~::::lI-(I) "J (I) CD (I) I- (I) W , I- -' Z ~ ::E::i~~(I)'Ci5-:i::::l::::; J:::Q) o..(I)o..:J:o..ffiug:;l9il...! .....$ :J:O:J:<D:J:I-(I):J:O....,<( <'l'-o ~a: ~I ~~ ~~ ~g 9 nil ~ ; I I t i I "" 1; J I l:e.a 15ij j~~ ~~1 I ~ 10 H~! ~IJf t 15 oIl J 10. i 1 ~J 5 lB ~ 8 ~ 8 16 ild~5 <LI.t ol~~ Iii! i ; ~ lill 111 ~~!I AGENDA REQUEST AGENDA ITEM NUMBER: 'iSl\.b' Request to be placed on: Date: March 15, 2006 X Consent Agenda Special Agenda Workshop Agenda When: 3/21/2006 Description of agenda item: Approval to purchase the HP MSL6030 Tape Library to include the HP Care Pack. HP Dual Channel Ultra320 , HP SCSI External Cable and the Quantum L TO Ultrium 400 GB Storage Media (Tapes), in the amount of $25, 277 coming from account number 334-6111-519-64.11. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x Recommendation: Approval is recommended by Finance Director and CIO. Department Head Signature: Determination of Consistency with Comprehensive Plan: N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~~ No Funding alternatives (if applicable): Account Number: .3 3l( -h /1/ - ~ 9. (, '/ r I ( (J tJ IlL ,f? it. /-R r' Ej Wp rnLl-i- -$ 27, 000 Cc!f1.ttv ~E -4r Ho ) Account Description: Account Balance: City Manager Review: (~A J1 Approved fOr,~gen~a:". _ & tyv I Hold Until:c~.J~ /lA__ {Ov~,- 'I.f.J.-C~~....rs:: No &f?~i ~r~~ Agenda Coordinator Review: Received: H~\R 1ctiPrv.nOfi Approved: Disapproved: P.O. # / o/< ~ TO: DA~JRD N, PAUL DORLlNG, 01 FROM: THRU: SUBJECT: MEETING OF MARCH 21, 2006 CONSIDERATION OF SEVERAL WAIVERS RELATING TO THE MINIMUM STACKING DISTANCE AND REDUCTION OF SIGHT VISIBILITY TRIANGLES FOR 5TH AVENUE FLATS, LOCATED AT THE NORTHWEST CORNER OF NE 5TH AVENUE AND NE 2ND STREET. At its meeting of February 8, 2006, the Site Plan Review and Appearance Board approved the Class V Site Plan Application, Landscape Plan, Architectural Elevations, and landscape waivers for a four-story mixed-use building containing 1,048 square feet of retail floor area and 2,509 square feet of office floor area on the first floor; and 12 residential condominium units (one, two, and three-bedroom) on floors 2-4. The development proposal includes waivers to reduce the minimum parking lot stacking distances from 20 feet to 17 feet at the east entrance (NE 5th Avenue) and from 20 feet to 15 feet at the south entrance (NE 2nd Street); and to allow for the building columns to encroach into the required 20 foot sight visibility triangle, at the east and south garage entries; and to allow a 5 foot reduction (35' total provided) in the required 40' sight visibility triangle at the intersection of N.E. 2nd Street and N.E. 5th Avenue. The Site Plan Review and Appearance Board considered these waivers and recommended approval of each to the City Commission. The following is the waiver analysis for each of these three waivers, which are now before the City Commission for consideration: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 4.6.9 (D)(3)(c)(1) a parking lot stacking distance of 20 feet is required. The proposed stacking distances to the first parking space is 15 feet for the south entrance (NE 2nd Street) and 17 feet for the east entrance (NE 5th Avenue). In support of the proposed stacking distance reduction by 5 and 3 feet the applicant notes that there is an area 10 feet wide for on-street parking and a 5' sidewalk beyond the travel lane on 5th Avenue which accommodates 33 feet of stacking from the actual point of egress along NE 5th Avenue. Along NE 2nd Street there is a 5' sidewalk and traffic signalization in place which will provide 20' of 9A City Commission Documentation March 21, 2006 5th Avenue Flats Site Plan Waivers stacking from the point of egress/ingress along with a measure of safety and control of off-site traffic flows. Given these circumstances Staff can support the waiver requests. Pursuant to LOR Section 4.6.14(a)(1) a 20 foot sight visibility triangle is required at both the NE 5th Avenue and NE 2nd Street ingress/egress points. A reduction is requested to accommodate the building column encroachment. It is noted that from a driver's line of sight at the exit stop bar at each entry the encroachment does not impede the driver's view of oncoming traffic. The City Engineer will support the waivers to allow the encroachments subject to the following condition: (1) No landscaping is to be permitted on the left (North) side of the egress onto 5th Avenue which has the ability to grow taller than 3 feet in height. Therefore, as similar relief has been granted under similar circumstances these waivers can also be supported. Pursuant to LOR Section 4.6.14(A)(2), a 40' sight triangle is required at the intersection of N.E. 2nd Street with NE 5th Avenue. There is a 45' sight visibility triangle shown on the site plan however the triangle is measured incorrectly from the curb lines rather than the property lines. If properly measured this would reduce the sight visibility triangle to 35 feet and relief to 35 feet is requested. Staff notes that this intersection has traffic signalization in place which would provide a measure of vehicle safety. As similar adjustments have been approved staff would support a five (5) foot reduction to this sight visibility triangle. Further, if measured from the actual travel lanes the 40 foot visibility would be provided. By separate motion: 1. Approve the waiver requests to LOR Section 4.6.9(O)(3)(c)(1), to reduce the minimum stacking distances from 20 feet to 17 feet at the east entrance (NE 5th Avenue) and from 20 feet to 15 feet at the south entrance (NE 2nd Street). 2. Approve the waiver request to allow for a building column encroachment into the required 20 foot sight visibility triangle along both NE 5th Avenue and NE 2nd Street (LDR Section 4.6.14(a)(1 ). 3. Approve the request for a waiver to LDR Section 4.6.14(A)(2), for a reduction in the sight visibility triangle from 40' to 35' at the intersection of NE 2nd Street and NE 5th Avenue. Attachments: Site Plan, Landscape Plan, and Elevations Staff Report dated February 8, 2006 2 >--- (I) ~ tE ~ ~H !~i 021 ~. .~ In ~. ~~ !!II r ~Ii ~~~ ~~! ~ <: m ~n 1) ~ ~ () Iii m ~ . ~ -< n ~ J~ > ~~~ "'d H ~!~ ;CfI' s~1 1= ~~ r.5t~ ~ - - ~ 0_ 3cI1cJ .<iT - ~ ! U~~! nn ~! ~ mm ; u! ~ I ~iH! U!I ill ilU1i ~ ~h g ~ ~,!i!i ~ Ih I Ii 1 iwis ~ '~-I Q h~~ ~ m~ 1 ~ ~ ni ~il ~ ~~!" ~ . =~ I ~m i ~ ' 8cU · l aI ~ IU~ i uu ~ i ~ dIM ~ ! '".~Iilhl~- EEws~ ~ i ~hi! t Ui~h I . i ~~H~~ nih. c c > I~~.;; .~.H . : ....~... 11 ~dC ~~ i1 i ~~c; ~ ;;~;i ~ i..n ~ .~= n c :!n s' j i~~~ - ~ c; ~~ ~ ~il . i . i "'d > ~ ~ z 0 (I) ~ ~ ~ trl t:l trl ~ > p Ar U i~ (I) . ~ %~ ~ ~ L S. !> ~ili r FIFTH AVENUE FLATS m.. '.~I J~ ~~ ~~~ E; ~ ~ : ; ~ ~~ I MULTI-USE BUILDING I mll~ ~.$. ~" "'ll N.E.C. N.E. 5th AVENUE & NE 2nd STREET !3~b ~ ~ ~ ~"" "~ c. t> DELRA Y BEACH, FLORIDA ~~~ a~ = pcP ~~ r\ ;n ~ ~ -. 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NE 5th AVENUE&NE 2nd STREET DELRA Y BEACH, FLORIDA ~~~ ~~ ~.I ~ ~;~ ~ ..,. %.......!i!~~. . ;;i~!!:' i! .. ~~~ ~,.. ~ """ -< c. i~~ S~ ~ ~ a ]Ii II I 1 i ill!: 1 ~, III lilt ;r III in In~ ~ , CZl o c: ~ ::c: tr1 ~ -< ;J> ~ .... o z In > III ~~~ n n 'I ~ , ~ , ~ , il 1 , , 1 ~ , J ! '0, ~;jj FIFTH AVENUE FLATS ,,,.. '.ll:1 ~~ r ~r . z E. 0 ",15 I MULTI-USE BUILDING I !-: ,: \.r ~S~~: ~ N.E.e. N.E. 5th AVENUE & N.E. 2nd STREET .-- .< c. DELRA Y BEACH. FLORIDA ~~~ ~~ ~ SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY; BEACH ---STAFF REPORT --- February 8, 2006 IV.-C. 5th Avenue Flats- Class V Site Plan, Landscape Plan, Architectural Elevation, and Waivers associated with the construction of a 54.5 foot high, 27,017 square foot four story mixed use building consisting of 1,048 square feet of retail and 2,509 square feet of office on the first floor, and 12 residential condominium units on floors 2, 3, & 4 with a pool area and tenant lounge on the fourth floor. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant........... 200 NE 5th Avenue LLC Agent............................ Terry Lessard, George Brewer Architecture . Location........................ 200 NE 5th Avenue Property Size................ 0.43 Acres (18,715 square feet) Future Land Use Map... CC, Commercial Core Current Zoning.............. CBD, (Central Business District) Adjacent Zoning..North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD-RC (Central Business District- Rail Corridor) Existing Land Use......... Vacant Proposed Land Use...... Mixed Use Residential, Office, & Retail Commercial Water Service............... 6" water main existing on site Sewer Service............... 15" sewer main along N E 2nd Street ----j g !! ~"" _:I:_ ~ ~ IS Q ~ I- '" :I: f-- ...J -< IS - '1=~ 1-:: I~ 1<'"rJ ~ ~ = = F- -~. ~ --- ===1 r--- --- ==J !----- ~== C=-f--- "r;jj ~ II N.E. Jj - - 3R m ~m- Sf. - - - - - 2ND ST._ = d ~ - _~ - - -~ ~= '- ~f---- _5 o~- I - ==--~ ~i' -~, u - 5- ITlS - ..; r II f---- :I: I--- :J: ~ 11 f---- u! I--- u! ~ UOJIIID~ 1 Ihf~ II I I :l [[) I ATLANTIC AVENUE nnll([illJ .(]]]]]JW I~I JI~I;~~ -- _ s. , .--.!1! ~ Sf. FlD<UTY ~~~R~ --1 ~ ~ ~ tt= - S,E. 2ND Sf. Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006 5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page1 The item before the Board is the approval of the following aspects of a Class V site plan request for 5th Avenue Flats, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): D Site Plan; D Landscape Plan D Landscape Waivers D Stacking Distance Waiver D Site Visibility Triangle Waiver D Architectural Elevations The property is located at 200 NE 5th Avenue (Southbound Federal Highway) and is situated at the northwest corner of NE 5th Avenue and NE 2nd Street. The frontage and primary access to the site is from NE 5th Avenue. The property contains 0.43 acres, and is currently undeveloped. The proposed residential density of this development is 27.9 units per acre, which is less than the maximum allowable density of 30 dwelling units per acre allowed in the CBD Zoning District. At its meeting of February 14, 2001, the Site Plan Review and Appearance Board approved a site plan for the construction of an 11,084 sq. ft. 3-story office building on this site. The project was never constructed and the project approval has since expired. At its meeting of October 17, 2005, the Planning and Zoning Board held a public hearing concerning a conditional use request to allow a building height of 54.5 feet for the subject proposal in the Central Business District (CBD). These requests were submitted to accommodate the construction of a mixed- use development containing ground floor retail floor area and condominium residences above. After discussing the proposal, the Board voted 5-1 to recommend approval with conditions to the City Commission. At its meeting of November 15, 2005, the City Commission approved by a vote of 4-0 the conditional use request for an increase in building height to 54.5 feet, subject to the conditions listed in the Planning and Zoning Board staff report (See Appendix B). The associated Class V Site Plan, Landscape Plan, Architectural Elevations, and waiver requests for 5th Avenue Flats are now before the Board for action. The development proposal consists of the following: · A four-story mixed-use building, containing 1,048 square feet of retail floor area and 2,509 square feet of office floor area on the first floor; and 12 residential condominium units (one, two, and three- bedroom) on floors 2-4; · A total of twenty-nine (29) parking spaces are proposed for the development. Eleven (11) spaces are located within the structure, on the first floor. The remaining eighteen (18) spaces, including the two handicapped spaces are located behind the building to the west and north; · Recreational facilities, including a pool & deck area, lounge, and exercise room, are proposed on the fourth floor. Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006 5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page2 Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR SECTION 4.3.4(Kl - DEVELOPMENT STANDARDS MATRIX: Buildina Setbacks: The following table indicates that the development proposal complies with one minor exception with the required building setbacks along NE 5th Avenue and NE 2nd Street for a 4-story building in the Central Business District (CBD) according to LDR Section 4.4.13(F)(3)[Table 4.4.13-2] Roadl Building Building Side Height (minImax) 70% min. 98' min. 10' min. 1126' 126' * Finished 190% max. Grade to max. 25' Remaining NE5th 22' min. 22' min 14' * Ave. length 70% max 10'min. 98' max. 98' * 140' Lot 25' to Frontage 37' Remaining 27' min. 27' min 42' * length 50% max 34' min. 70' max. 58' * 37' and above Remaining 39' min. 70' min. 82' * length 70% min. 35' Finished 10' min. min.l45' 36' * NE 2nd grade to 190% max. max. 51. 25' Remaining 22' min. 22' min 14' * 50' Lot length Frontage 70% max 10'min. 35' max. 31' * 25' to 37' Remaining 27' min. 27' min 26' 4" * length Corner 50% max 34' min. 25' max. 13' * Pel' NE 37'and 5th Ave. above Remaining 39' min. 13' * length Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006 Sth Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page3 2S'to 48' 70% S'min./ 38.S'min min./90% 10' max. 49.S'max 49.S' max. Remaining 17' 17' S.S' length min./22' min./22' SO% max. 17' min. 27.S' 27.S' Remaining 29' min. 29 27.S' len th * Other . R-O-W Finished grade to 2S' * * * It will be required that the applicant adjust the proposed lot frontage of 26 feet, 4 inches by 8 inches to comply with the 27 foot minimum required setback based on lot frontage for NE 2nd Street between 25 and 37 feet. This is attached as a condition of site plan approval. Heiaht: Structures in the CBD may generally be no more than 48' high, unless conditional use approval is granted to exceed this standard to a maximum of 60'. Height is measured from the crown of the road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed mixed-use structure has flat roofs with the maximum height measuring 54.5'. Pursuant to LOR Section 4.3.4(J)(4)(b)(i)(9), (Area I) this increase in height to 54.5' was approved by the City Commission as a conditional use for this project. OFF-STREET PARKING REQUIREMENTS: Pursuant to LOR Section 4.6.9(C)(8)(a), the required shared parking calculation for the proposed development is a minimum of 29 parking spaces with no reservations, or 33 parking spaces if reserving one (1) parking space for each residential unit. The applicant has chosen to provide 29 spaces with the understanding that no parking spaces can be specifically reserved or assigned to anyone residence or business. The applicant has indicated this is necessary to allow the architectural design of the building to comply with the Land Development Regulations due to the very small size and scale of this mixed use project. Staff normally requires reserving one parking space for each residential unit. However, in lieu of this requirement, staff would allow the applicant to file a specific restrictive covenant in the Condominium Documents, that no parking spaces are to be reserved for either residents or business uses, now or in the future without the provision of additional parking. This has been attached as a condition of site plan approval. The applicant will need to reduce by one (9 to 8) the number of compact parking spaces to comply with the 30% maximum number of compact spaces. This is also attached as a condition of site plan approval. Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006 5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page4 Shared Parking Calculations Table Fifth Ave Flats 1/10/06 No Reserved Office Commercial/Retail Hotel Restaurant 8.78 5% 0.439 100% 8.78 10% 0.878 10% 0.878 5% 0.439 4.71 5% 0.2355 70% 3.297 90% 4.239 100% 4.71 70% 3.297 0 80% 0 80% 0 100% 0 80% 0 100% 0 0 10% 0 50% 0 100% 0 50% 0 100% 0 0 10% 0 40% 0 100% 0 80% 0 100% 0 0 100% 0 100% 0 100% 0 100% 0 100% 0 0 27 28 29 27 28 TOTALS The minimum number of parking spaces is the highest time period total at the bottom of the table. Handicapped Accessible Parkina: Pursuant to LOR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) ot the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 29 parking spaces provided, a minimum of one (1) parking space must be handicap accessible, and a total of two (2) handicap accessible parking spaces have been provided. LOR ARTICLE 4.6 - SUPPLEMENTAL DISTRICT REGULATIONS: Refuse Enclosure: Pursuant to LOR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides, with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-ot-way. The development proposal provides one (1) screened and enclosed dumpster. The dumpster is 11' high by 11.5' wide and will be securely gated by a tension wire with turnbuckle and cane bolts and screened by chain link awning fabric. Thus, this LOR requirement has been met. Minimum Residential Floor Area: The following table indicates that the proposal complies with LOR Section 4.3.4(K) [Minimum residential floor area]: 1,101 s . ft. 1,355 s . ft. 1,560 s . ft. Liahtina: A photometric plan has been submitted which provides lighting coverage for the first floor parking garage levels, garage entry, exterior sidewalks parking, and outside parking areas. The photometric Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006 5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page5 plan does not meet the minimum requirements of illumination and uniformity levels established by the City and is not in compliance with LOR Section 4.6.8. The reduction of the average foot-candles to 1.0 and maximum foot-candles to 4.0 is a requirement for the outdoor parking areas and is attached as a condition of approval. Bicycle Parkina: Pursuant to LOR Section 4.6.9(C) (1) (c) and Transportation Element Policy 0-2.2 of the Comprehensive Plan, bicycle parking facilities (Bike Racks) have been provided in close proximity to the south lobby entrance of the facility. Placing the bicycle parking facility at this location is also near to the area reserved for office space uses. It is anticipated that the occupants of the residential dwelling units will utilize their individual storage areas or units for storage of their bicycles. Thus, this LOR requirement has been met. Stackina Distance Pursuant to LOR Section 4.6.9(0)(3)(c)(1), the minimum stacking distance between a right-of-way and the first parking space or aisle way in a parking lot that has 21-50 parking spaces shall be 20 feet. This is required during the transition of incoming traffic from a public street, such that traffic does not backup into the public street system. The proposed stacking distances for the car parking at the south entrances (NE 2nd Street) are 15' and for the east entrance (NE 5th Avenue) is 17'. Thus, these LOR requirements have not been met. The applicant has submitted a request for a 3 foot waiver for the stacking distance of 17 feet at the east entrance (NE 5th Avenue) and a 5 foot waiver for the stacking distance of 15 feet at the south entrance (NE 2nd Street). LOR Section 4.6.9(0)(3)(c)(3) does have provisions which allow the length of the stacking distance to be reduced. Siaht Visibility Trianales Pursuant to LOR Section 4.6.14(A)(1), a 20 foot sight visibility triangle is required at the intersection of the garage driveways and the public right-of-way. Specifically, the triangle is defined as the area on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being twenty (20) feet in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides. The applicant shows the required 20 foot sight visibility triangles but has had issues with the cross- visibility due to the proposed building column obstructions, landscaping, and bike racks shown in the sight triangle. The applicant has recently revised the site plan to show a reduction in width of the column at the 5th Avenue parking entrance from 6.5 feet to 4 feet and has relocated the bike racks. The applicant requests a waiver to allow these obstructions in the site visibility triangle. The proposed stacking distances for the south entrance parking garage is (NE 2nd Street) 15 feet and for the east entrance (NE 5th Avenue) is 17 feet. Thus, these LOR requirements have not been met. The applicant has submitted a request for a 3 foot waiver to the stacking distance of 17 feet at the east entrance (NE 5th Avenue) and a 5 foot waiver to the stacking distance of 15 feet at the south entrance (NE 2nd Street). The applicant in the waiver request maintains that there is an area 10 feet wide for on- street parking beyond the right-of-way as a car is exiting from the 5th Avenue access. This is provided as a rationale for considering that stacking requirements be measured from the actual point of egress, rather than from the property line. LOR Section 4.6.9(0)(3)(c)(3) contains provisions which allow the length of the stacking distance to be reduced if supported by a traffic study. Staff can support the waivers requested to reduce the stacking distance. Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006 5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page6 Regarding the sight visibility triangle issues, the site plan depicts the 20 foot sight visibility triangles but they are measured incorrectly from the street curb line rather than the property line. There are some issues with cross-visibility due to the proposed building columns and trees which are shown to be located in the sight visibility triangle at the NE 5th Avenue access. The column of primary concern is located at the NE 5th Avenue entrance and was originally depicted as 6.5 foot in height by 2 foot in width. The applicant has since redesigned the column to show a height of 4 foot by 2 foot width which does reduce the degree of sight obstruction. In analyzing this specific sight visibility triangle Staff notes that the egress onto 5th Avenue would have traffic traveling in a one-way southbound direction which would not be as critical to the visibility of this sight distance triangle as if the traffic was coming from two directions. In addition, the site plan revisions submitted propose to improve the situation in the sight visibility triangle by scaling down the size of the columns to 4 foot high by 2 foot wide. Planning staff coordinated with the City Engineer regarding the most recent modifications to the site plan for a determination of whether the waiver requests to the obstructions in the site visibility triangle could be supported. The City Engineer can support the waivers subject to the following conditions: (1) No landscaping is to be permitted on the left (North) side of the egress onto 5th Avenue which has the ability to grow taller than 3 feet in height. (2) The applicant must provide a copy of the Florida Department of Transportation pre-application letter to Engineering. Based on the City Engineer's comments Staff will support the waiver requests to the sight visibility triangles for the egress onto NE 5th Avenue and for the ingress-egress on NE 2nd Street. Pursuant to LDR Section 4.6.14(A)(2), a 40' sight triangle is required at the street intersection of: . N.E. 2nd Street with N.E. 5th Avenue for the south building; There is a 45' sight visibility trian~le shown on the site plan at this intersection. The triangle is measured incorrectly from the NE 5 h Avenue and NE 2nd curb lines rather than the property lines so this would adjust this triangle into the proposed building footprint. Staff would note that this corner intersection has traffic signalization in place which would provide a measure of traffic safety at this intersection. Staff would therefore support a waiver to this sight visibility triangle with a slight building encroachment of five (5) feet. OTHER ITEMS: Underaroundina of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note needs to be provided on the site plan to this effect and it is attached as a condition of approval. Plat: This development proposal will require a survey plat to be prepared, processed, and recorded prior to issuance of a building permit and is attached as a condition of approval. The landscaping to be planted along the southeast corner of the building consists of three Coconut Palms (3), and one (1) Holly Tree, combined with Red Leaf Crinum Lily, Lily of the Nile, and Dwarf Firebush Shrubbery. The groundcover is proposed to be under planted with Dwarf Youpon. Along the south side of the building, flanking the entrance/exit driveway access to the parking garage area the proposed plantings are two (2) Black Magic trees, one (1) Holly tree, Fishtail Fern, and Blue Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006 5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page? Pacific Juniper. At the east side of the building are to be planted numerous Dwarf Youpons, Dwarf Firebush, Red Leaf Crinum Lily, Fishtail Fern, and three (3) East Palatka Holly Trees. At the Northwest corner landscaped area buffering the parking areas there will be one (1) Yellow Poinciana tree, two (2) Holly Trees, and Myrsine groundcover. Finally, along the perimeter of the north and west outside parking areas there will be a combination of Travelers and Washingtonian Palms with Awbukii Vib. making up the groundcover. The landscaped parking islands are proposed to be either Red Crepe Myrtle Trees or Song of Jamaica. The east entrance into the outside portion of the parking area will have one (1) Holly Tree and Fishtail Fern and Blue Pacific Juniper Shrubbery. As recommended by the City Landscape Inspector, this site is proposing the use of drought resistant xeriscape plants (grasses and Junipers) which will not require extensive maintenance. Per a January 10, 2006 letter the applicant has submitted two waiver requests to Section 4.6.16, Landscaping Regulations for Multiple Family & Commercial Development. The first waiver is in regard to the minimum perimeter landscaping requirements for abutting properties (Section 4.6.16(H)(3)(d) and the second is a requirement for landscaped islands for each row of parking spaces (Section 4.6.16(H)(3)U). Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following information concerning the two requested waivers: 1. "Per Section 4.6. 16(H)(3)(d) this section requires that a five foot strip of landscape to be provided between the off-street parking and the abutting property line. The current site plan provides a ve/y adequate 21 '-4" buffer starting at the most western point along the North property line and then proceeding east, tapers to 3'-4" at the beginning of the parking area and then tapers to 2'-2" at the eastern most point along the North property line. The client has requested a waiver for this item. " 2. Per Section 4.6. 16(H)(3)(j) This section requires that at the end of a row of parking spaces, the row of spaces shall be terminated by a five foot landscaped island. However, according to Section 4.6. 16(H)(3)(i) a row of ten regular spaces are permitted before a landscape island is required. The current site plan provides a row of ten spaces along the North Property line which is terminated by landscape areas. Furthermore, all rows of parking are terminated by landscape areas, and therefore, no landscape islands between parking are required. It should be noted that even though no islands are required, the client has, for the good of the project, placed several throughout the site. The client has requested a waiver for this item." In analyzing the first waiver request, Section 4.6.16(H)(3)(d) concerns perimeter landscaping requirements relating to abutting properties and states: A landscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting properties. The landscape barrier may be two (2) feet at the time of planting and achieve and be maintained at not less than three (3) nor greater than six (6) feet in height to form a continuous screen between the off-street parking area or vehicular use area and such abutting property. This landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than five (5) feet in width. Duplexes may be permitted to reduce the perimeter planting strip to Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006 5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page8 two and one-half (2 1/2) feet in width in cases where lot frontage is less than fifty-five (55) feet. In addition, one (1) tree shall be provided for every thirty (30) linear feet of such landscaped barrier or fraction thereof. The applicant indicates that the buffer (landscape strip) tapers down to a minimum of 2'-2" at the eastern most point along the North property line. Given the minimum requirement of a 5' planting strip this would represent a 2'-10" waiver request. In support of this waiver request staff would note that given the small lot size of the proposed development project that the five foot width requirements of the landscaping strips may be difficult to achieve. The applicant has proposed the use of trees (Palms) which utilize height more so than width to screen the off-street parking areas from the abutting properties. Also, as a point of information it should be noted that the project location within the CBD (Central Business District) does not require a minimum open space requirement but that the applicant proposes an overall total of 24.3% landscaped open space. In analyzing the second waiver request Section 4.6.16(H)(3)(i) & G) concern the requirements that each row of parking spaces be terminated by landscape islands. (i) Landscape islands which contain a minimum of seventy-five (75) square feet of plantable area, with a minimum dimension of five (5) feet, exclusive of the required curb, shall be placed at intervals of no less than one landscaped island for every ten (10) parking spaces. One shade tree or equivalent number of palm trees shall be planted in every interior island. Where approval for the use of compact parking has be approved, islands may be placed at intervals of no less than one (1) island for every thirteen (13) parking spaces. (j) Each row of parking spaces shall be terminated by landscape islands with dimensions as indicated above, an exception to this requirement is when a landscaped area exists at the end of the parking row. Staff can also support the landscape waiver to eliminate the two five foot landscaping islands which are located just outside of the indoor parking garage at the north and west rows of parking spaces. There is a landscape island after the ninth parking space at the north row of parking spaces and no additional landscape islands are needed. At the west row of parking spaces the smaller landscape island just outside the indoor parking area can be eliminated and the main landscape island can be shifted one space south to be located after the tenth parking space per requirements LOR Section 4.6.18(E) - Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed development has been designed with a Modern architectural style and character. The upper levels (second through fourth) of the structure are proposed to be stepped-back. The buildings Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006 5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page 9 have been designed to provide a significant relief in the perception of mass by using a diversity of roof levels with different height intervals. The various roof lines are well articulated by stepping back as much as 34' feet from the front facades of the building. This reduces the perception of mass, provides a variation in design and adds significant visual interest to the elevations. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate diversity in light green colors, window and door shapes, parapets, and varying the locations. The fascia is depicted as a mint green color with a light beige color as separators between floor levels. The trim around the windows are shown as an olive green color. The black aluminum decorative guardrails, Bahama shutters and black awnings act to compliment the predominant green shading of the building. Texture variations in the fayade include raised stucco banding along the roof parapets and % inch vinyl stucco reveals near the first floor office and retail windows. French balcony windows are featured for several of the residential units. The ground floor parking structure proposed incorporates design elements of the main building such as color, vertical and horizontal elements, and architectural style. The ground floor areas adjacent to the street right-of-ways are devoted to display windows and entrances for office and commercial retail uses which provide a visually attractive streetscape. A change in roof design, doors, window rhythm and articulation, building materials and textures are present at the front (east) elevation along NE 5th Avenue and the south elevation along NE 2nd Street. The west and north elevations, while having less architectural diversity than the building elevations facing the streets, do provide some variation in the windows, balconies and fa~ade reveals. The proposed structure is in conformity with good taste; good design, and in general contributes to the image of the City with a high quality architectural design product. Thus, positive finding can be made with respect to LDR Section 4.6.18 (E). 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 LDRs 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 designation of CC (Commercial Core) and is zoned CBD (Central Business District). The CBD zoning district is consistent with the (CC) Future Land Use Map designation. Pursuant to LDR Section 4.4.13(B)(4), multi-family dwelling units, excluding duplexes, are allowed in the Central Core area of the Central Business District up to a density of 30 dwelling units per acre as permitted uses. Also, pursuant to LDR Section 4.4.13(B)(1) & (2), General Retail and Office uses are allowed as permitted uses. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006 5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page 10 Water and Sewer: Water service is accessible via service lateral connections extensions from an existing 6 inch water main along NE 2nd Street and existing 12 inch water main along NE 5th Avenue. Sewer service will be provided via a lateral connection to a 15 inch sewer line along NE 2nd Street. 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. Drainaae: The site plan indicates that an exfiltration trench system will be placed under the parking lot (both inside and outside the building) for drainage. There are no problems anticipated in accommodating on-site drainage; however, additional engineering details, 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: A traffic study was submitted by Gerald B. Church, P.E. which indicates the proposed development will generate 14 peak a.m. and 18 peak p.m. vehicle trips onto the surrounding roadway network. A letter has been received from the Palm Beach County Engineering Department indicating that the proposed mixed-use project meets the Traffic Performance Standards for concurrency subject to the project aggregation rules. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The proposed 12 residential units will not have a major impact with respect to the level of service standards for parks and recreation facilities. However, pursuant to LOR Section 5.3.2(C), whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. This will require that an impact fee of $6,000.00 will be paid for this development. Solid Waste: Trash generated each year by the proposed 12 dwelling units is 6.24 tons; 4.63 tons for the 908 square feet of retail floor area; and 6.14 tons for the 2,275 square feet of office area. The combined total of the proposed mixed use project is 17.01 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024. Therefore, a positive finding with respect to this level of service standard can be made. Schools: The applicant has submitted a School Concurrency Application to the School District of Palm Beach County, which has responded back to Planning & Zoning that the development proposal is in compliance with the adopted Level of Service for School Concurrency. 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 policie.s that are relevant to the Conditional Use application 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. Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006 5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page 11 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 retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area". The proposed Fifth Avenue Flats development will help to fulfill this stated land use need by providing 12 additional dwelling units to the downtown area in close proximity to shopping and place of work, and is therefore 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: Policy C-4.1: The CBD 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 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. The development proposal will locate 12 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural 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 Oelray residents. They will play a major role as participants in and contributors to, the downtown area community. The Fifth Avenue Flats 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 CBO zoning district. Transportation Element Policy 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. Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006 5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page 12 The development proposal does propose a bicycle parking facility (i.e. bike rack) on site which is adjacent to the entrance/lobby area of the building. The bike rack has been re-Iocated outside of the site visibility triangle. With this modification to the location of the bike racks this development will now comply with Transportation Element Policy D-2.2. Open Space and Recreation Element Policy A-3.1 : Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. This requirement may be waived or modified 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 some recreational facilities to its residents, such as a swimming pool, lounge and exercise room. Some of the recreational, cultural and open space opportunities located in proximity to the Fifth Avenue Flats development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the Osceola Park Currie Commons which includes a baseball field and playground, 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, the intent of this policy will be met. Based on the above 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: 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 a mix of one (1) and two (2) bedroom units. As allowed by this policy, it is appropriate that there not be a requirement to provide three (3) and four (4) bedroom units and specific activity areas for children for those residential development located in the downtown area. 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. Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006 5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page 13 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. Moreover, the introduction of additional residential dwelling units will increase safety of the area by introducing more night time activity and more "eyes on the street" as a deterrent to criminal behavior. The proposed increase in height should not have a significant impact on the area as the design guideline requirements for the CBO help to minimize negative impacts. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. Pursuant to LOR Section 2.4.5{E} (5), in addition to provisions of Chapter 3, the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses adjacent to the subject property: North: South: East: West: The development proposal will significantly enhance the aesthetics of the subject property unifying the majority of the parcels under a single development. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new residential dwelling units. Community Redevelopment Aaency (CRA): At its meeting of September 22, 2005, the CRA reviewed the conditional use request for a building height increase and the project site plan recommending approval subject to staff conditions. Downtown Development Authority: At its meeting of August 10, 2005, the OOA reviewed the conditional use request for a building height increase and site plan recommending approval subject to staff conditions. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ).> Neighborhood Advisory Council Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006 5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page 14 );> President's Council );> Delray Beach Chamber of Commerce );> Progressive Residents of Delray Beach Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board meeting. The development proposal includes the construction of a four-story mixed-use building, containing 1,048 square feet of retail floor area and 2,509 square feet of office floor area on the first floor; and 12 residential condominium units (one, two, three-bedroom) on floors 2-4. In addition, a total of twenty-nine (29) parking spaces are proposed for the development. Eleven (11) spaces are to be located within the structure, on the first floor. The remaining eighteen (18) spaces, including the two handicapped spaces are to be located behind the building to the west and north. Also, recreational facilities, including a pool & deck area, lounge, and exercise room are proposed on the fourth floor. The provision of these additional residential dwelling units and convenient retail and office services within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use will be consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LOR, provided the attached conditions of approval are addressed. A. Continue with direction. B. Move approval of the Class V site plan, landscape plan, landscape waivers, sight visibility triangle waivers, stacking distance waivers, and architectural elevations for Fifth Avenue Flats, 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(F), 2.4.7(B) (5), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the Class V site plan, landscape plan, landscape waivers, sight visibility triangle waivers, stacking distance waivers, and architectural elevations for Fifth Avenue Flats, 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(F), 2.4.7(8) (5), and Chapter 3 of the Land Development Regulations. By Separate Motions: Waivers: 1. Move a recommendation of approval of the request for a waiver to LOR Section 4.6.16(H)(3)(d) Perimeter Landscapinq Requirements relatinq to abuttinq properties, to reduce the minimum requirement for a five foot (5') landscape strip between the off-street parking area and abutting property line to two feet, ten inches (2', 10"), 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 2.4.7(8)(5) of the Land Development Regulations. 2. Move a recommendation of approval, of the request for a waiver to LOR Section 4.6.16(H)(3) (i) & 0), that each row of parkinq spaces be terminated bv landscape islands, to remove the two five foot Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006 5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page 15 (5') landscaped islands at the end of the parking space rows which are located just outside of the indoor parking garage at the north and west rows of parking spaces based on the supporting findings of the landscape analysis waiver 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 meets criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. 3. Move a recommendation of approval, of the request for a waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce the minimum stackina distance between a rioht-of-way and the first parkina space or aisle way in a parkina lot that has 21-50 parkina spaces from 20 feet to 17 feet at the east entrance (NE 5th Avenue) parking and 15 feet at the south entrance (NE 2nd Street). 4. Move a recommendation of approval, of the request for a waiver to LDR Section 4.6.14(A)(1), to allow for a 4 foot by 2 foot column obstruction in the reauired 20 foot site visibility trianale at the intersection of the aaraae driveways and the public riaht-of-way for the NE 5th Avenue aaraae entrance. 5. Move a recommendation of approval, of the request for a waiver to LDR Section 4.6.14(A)(2), which reauires a 40' siaht trianale at the street intersection of N.E. 2nd Street and N.E. 5th Avenue for the south elevation by allowina the buildina to encroach by 5 feet. Site Plan: Move approval of the Class V site plan for 5th Avenue Flats, 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(F) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That revised plans are submitted prior to the issuance of a building permit addressing all of the Site and Engineering Plan Technical Items and the listed conditions as indicated in the staff report. 2. That the facilities serving the development shall be located underground throughout the development and a note be provided on the site plan to this effect. 3. That a plat is processed and recorded prior to issuance of a building permit. 4. Revise site plan site data to indicate the correct residential density is 27.9 units per acre. 5. Revise site plan to correct the stacking distance label for NE 5th Avenue from 22 feet to 17 feet. 6. That the applicant executes a restrictive covenant in the Condominium Documents, stating that no individual parking spaces shall be reserved for residents or business uses now or in the future without the provision of additional parking. 7. Reduce the number of compact parking spaces from 9 to 8 spaces to comply with the 30% maximum. 8. Reduce the average foot-candles to 1.0 and maximum foot-candles to 4.0 for the outdoor parking areas per LDR Section 4.6.8. 9. Per City Engineer: for the approval of the 4 foot by 2 foot column obstruction in the sight visibility triangle at the Northeast property exit revise site plan to remove all landscaping on the left (North) side of the egress onto NE 5th Avenue which has the ability to grow taller than 3 feet. Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006 5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations Page 16 10. Remove all other proposed landscaping (Trees) in the 20 foot NE 2nd Street sight distance triangles which have the ability to grow in excess of three feet. 11. Provide copy of the Florida Department of Transportation (FOOT) pre-application letter to Engineering. 12. Adjust the proposed lot frontage of 26' 4", bv 8 inches. to comply with the 27 foot minimum required setback based on lot frontage for NE 2nd Street between 25 and 37 feet. LandscaDe Plan: Move approval of the landscape plan for 5th Avenue Flats, 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 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. Address all landscaping technical comments (except those pertaining to the landscape waivers) and requirements per LOR, Section 4.6.16 prior to the issuance of a building permit. Architectural Elevations: Move approval of the architectural elevations for 5th Avenue Flats, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Appendix "A"; Appendix "B"; Site Plan; Landscape Plan and Architectural Elevations, Waiver Request Letters Staff Report Prepared by: James G. Cain, Senior Planner A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives 0-1 and 0-2 of the Transportation Element. x C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not a Iicable Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. x I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. 1 . Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the deficiencies contained in this report; 2. That the proposed development be revised to comply with LDR Section 4.4.13(F)(3) [Table4.4.13-2] as six (6) building frontage and setback requirements are not in compliance with development standards; 3. That the applicant executes a restrictive covenant in the Condominium Documents, stating that no individual parking spaces shall be reserved for residents or business uses now or in the future without the provision of additional parking; 4. That the parking area be reconfigured to reduce the number of compact parking spaces from 10 to 9 spaces to meet the maximum of 30% compact parking spaces; 5. That the site plan be revised to convert the open space area next to the east garage entrance/exit area into a Faux (false storefront window); and that the remainder of the open areas adjacent to the garage entrances on the south garage entrance/exit area be enclosed; and 6. That a written finding of concurrency approval from the School District of Palm Beach County be provided; . l"~tlt1:t aI'~ 111111 ARCHITECTURE 85 S.E. 4TH AVENUE DELRA Y BeACH. Fl 33483 PHONE: 561.272.7301 fAX: 561.272.3722 8REWERARCHlTECTURE .COM January 31, 2006 James Cain Planning and zoning City of DeI'W Beach 100 N.W. 1 Ave. Delray Beach, FL 33444 RE: S.P.R.A.B. comments Dear Jim: We have revised our plans for the above referenced project and hereby offer the following responses to additional comments of January 29 2006: Auaust 29. 2005 1. Per Section 4.6.9 (0) (3) (c) (1), this section requires the stacking distance of 20 feet. The current site plan, along S.E. 5th Ave. allows a stacking distance of 17' as measured from the property line to the first space, however, taking into account the sidewalk, and on-street parking along S.E. 5th Ave., the distance from the actual point of egress to the site to the first parking space provides a stacking distance of 33'-8". The current site plan, along N.E. 2nd St. allows a stacking distance of 16'-4" as measured from the property line to the first space, however, taking into account the sidewalk, and on-street parking along N.E. 2nd St., the stacking distance from the actual point of egress to the site to the first parking space is 28'-5". It is our position that the stacking distance is adequate based upon the actual conditions that exist pertaining to this site. The client has requested a waiver for this item. 2. Per Section 4.6.14 (A) (1) This section requires a 20 foot visibility triangle clear of all landscaping obstructions, but it also allows for vertical elements to exist such as trees, and makes no mention of prohibiting any building elements in the site triangle. As stated in the stacking distances response, the actual distances to the traffic lanes along S.E. 5th Ave is 33'-8" and along N.E. 2nd St. is 28'-5", which allows a clear and unencumbered site triangle in excess of 20 feet for access to both streets. The building design further takes the importance of the site visibility into account with the placement of large view windows which exist at both sides of both openings to the building garage. Additionally, the main column along S.E. 5th Ave has been narrowed from the original design in response to staffs concerns. It is our position that the site visibility is adequate based upon the actual conditions that exist pertaining to this site. The client has requested a waiver for this item. Please feel free to contact me if any additional information is required. Thank you for your assistance. Respectfully: Terry L. Lessard Project Architect Cc: Morrison Properties IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests came before the City Commission on March 6, 2006. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver requests of 5th Avenue Flats. All of the evidence is part of the record in this case. Required findings are made in Paragraphs 4 through 6 below. 3. Waivers: Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Stackinq Distance: Per LOR Section 4.6.9(D)(3)(c)(I), the minimum stacking distance between a right-of-way and the first parking space or aisle way in a parking lot that has 21-50 parking spaces shall be 20 feet. The proposed stacking distances for the car parking at the south entrances (NE 2nd Street) are 15' and for the east entrance (NE 5th Avenue) is 17'. Should the waiver be granted for the stacking distance? Yes No 5. Siqht Visibility Trianale at the Intersection of the Garaae Driveways and the Riqht-of-Way for the NE 5th Avenue Garaae Entrance: Pursuant to LOR Section 4.6.14(A)(1), a 20 foot sight visibility triangle is required at the intersection of the garage driveways and the public right-of-way. The applicant shows the required 20 foot sight (3~\0\I Acld~~' a:~ ~ ~ 9-A visibility triangles but has a 4 foot by 2 foot column and landscaping obstructing the view on NE 5th Avenue. The applicant requests the waiver to allow these obstructions in the sight visibility triangle for the NE 5th Avenue garage entrance. Should the waiver be granted? Yes No 6. Siqht Visibility Trianale at the Street Intersection of NE 2nd Street and NE 5th Avenue: Pursuant to LOR Section 4.6.14(A)(2), a 40 foot sight triangle is required at the intersection of NE 2nd Street and NE 5th Avenue. There is a 45 foot visibility triangle shown but the triangle was measured incorrectly from the curb lines for NE 2nd and NE 5th instead of from the property lines, thus, the triangle is actually encroaching five (5) feet into the proposed building footprint. Should the waiver be granted? Yes No 7. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the original site plan 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 which supports the findings set forth in this Order. 9. Based on the entire record before it, the City Commission approves denies the waiver requests and hereby adopts this Order this _ day of March, 2006, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin City Clerk 2 WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail:jmankoff@zonelaw.com MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF KERRY D. SAFIER PAM I R. MAUGHAM March 17, 2006 Via Hand-Delivery City Clerk Delray B.each City Hall 100 NW 1st Avenue Delray B.each, Florida 33444 Re: Conditional Use RequestlMaroone Ford Our File No.: AUNA002 Dear Sir/Madam: v* l>>( OF COUNSEL: ROBERT MARC SCHWARTZ, PA Florida Bar Board Certified Real Estate Lawyer ~. :\ ~ECEIVED ~\\\~ ~. i\ CITY CL~ We respectfully request that Regular Agenda Item No. 9.B. on the City Commission Agenda of Tuesday, March 21,2006 be postponed until the next City Commission hearing. The reason for this request is that our firm has just been hired in this matter. Thank you very much for your consideration in this matter. Iy yours son S. Mankoff JSM:vf Cc: Mr. Paul Dorling, Director of Planning and Zoning Mr. Harry Brumley Michael Archey, Esquire (via telecopier) Mr. Rene Betancur Michael S. Weiner, Esquire O:\AUNA002\Letter to City Clerk.March17.doc C16 THRU: qk t/vl FROM: MANAGER "- OF PLnG AND ZONING JAMES G. CAIN, SENI PLANNEY"",- ~__ ~ MEETING OF MARCH 21, 2006 CONDITIONAL USE REQUEST TO ESTABLISH A PARKING AND STORAGE LOT FOR VEHICLES WITHIN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT FOR MAROONE FORD. LOCATED ON THE WEST SIDE OF WALLACE DRIVE. BETWEEN GEORGIA STREET AND MILFRED STREET. TO: SUBJECT: BACKGRO The 1.923 acres of property consists of Lots 6, 7, & 8 of Platt's Acres Subdivision and is recorded in Plat Book 21, Page 47 of the public records of Palm Beach County. The proposed 246 space parking and storage lot is to be utilized in association with the Maroone Ford car dealership to the south and east. The parcel will serve as an overflow bullpen parking lot for the existing dealership for its new and used dealer stock. The applicant has submitted the following project description; 'The lot will be used for outdoor storage of new and used vehicles for Maroone Ford which is located just south of this project. This lot will help alleviate a shortage of storage space for existing inventory. There will be no additional employees or additional structures associated with it. The vehicles will be stored in "Bullpen" parking configuration and the hours of operation will coincide with the existing dealership. " Outdoor storage of new and used vehicles is allowed as a conditional use within the MIC Zone District and that request is before you for approval. ~ PLANNING AND ZONING BOARD CONSIDERATION 1 The Planning and Zoning Board held a public hearing on this request on February 27, 2006. After presentations from Planning Staff and the applicant the Board voted 7-0 to recommend to the City Commission approval of the conditional use request, based upon positive findings with respect to the Comprehensive Plan and Section 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations subject to eight conditions of approval identified in the Planning & Zoning Staff report of February 27, 2006. By motion, approve the conditional use request to allow for the utilization of lots for the parking and storage of vehicles within the MIC (Mixed Industrial and Commercial) District for Maroone Ford, 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) and Chapter 3 of the Land Development Regulations, subject to the eight conditions of approval identified in the Planning and Zoning Staff report of February 27,2006. Attachments: P & Z Staff Report of February 27,2006 9& PLAN"lING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 27. 2006 IV-B. Conditional Use Request to allow for the parking and storage of new and used vehicles for Maroone Ford Outdoor Vehicle Storage, on a 1.923 acre parcel. The subject property is located at 1320 Wallace Drive which is bounded by Gwenzell Avenue on the west and Wallace Drive on the east. As a further point of reference this is north of Milford Street and south of Georgia Street. (Quasi-Judicial Hearing). GENERAL DATA: Ownerl Applicant......................... Location... ....... .................... ........ Property Size.............................. Future Land Use Map................ Current Zoning.... ................... ..... Adjacent Zoning...............North: South: East: West: Existing Land Use...................... Proposed Land Use.................... Water Service.............. ... ............ Sewer Service.. ........................ ... S.W. STREET 10TH ~ ~ ~ ~ ~SJ'.~~ ,;\:-~ d' .;:>, "f~ - fJ..'/:.>' ,~ PARK TEN ~ vi ROYAL AUA DR. Maroone Ford (Harry Brumley) 1320 Wallace Drive 1.923 Acres CMR (Commerce) MIC (Mixed Industrial- Commercial District) MIC MIC & AC AC IND Vacant Parking lot for new & used vehicles Existing 10" & 8"water lines along Wallace Drive & Gwenzell Avenue Existing 8" sewer line along Gwenzell Avenue ~S'J EHE ~~ l',f . ~ EEEBP<:ANSErnA~DRml~ d ~ ~ ~ ~ ~ --I <:) GEORGIA STREET LINTON CENTRE TARGET Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use . The action before the Board is making a recommendation to the City Commission on a Conditional Use request to allow for the parking and storage of new and used vehicles for Maroone Ford Outdoor Vehicle Storage. The parking and storage of vehicles is allowed as a conditional use per Land Development Regulation Section 4.4.19(D)(2)(b) in the MIC (Mixed Industrial & Commercial District) The property is addressed as 1320 Wallace Drive and is bounded by Gwenzell Avenue on the west boundary of the property and Wallace Drive on the east boundary. For a point of reference this is north of Milford Street and south of Georgia Street. The 1.923 acres of property consists of Lots 6, 7, & 8 of Platt's Acres Subdivision and is recorded in Plat Book 21, Page 47 of the public records of Palm Beach County. The proposed car lot is to be associated with the Maroone Ford car dealership to the south and east. The parcel to the south is seeking to use the site as overflow bullpen parking for its new and used dealer stock. A conditional use application has been submitted to establish a parking lot for new and used vehicles for Maroone Ford in the MIC (Mixed Industrial-Commercial zoning district). This conditional use application is now before the Board for consideration and recommendation to the City Commission. The request is for a conditional use to allow for the outdoor storage of new and used vehicles in a 246 space parking lot. There is to be no building construction associated with the project so building setbacks are not an issue. The applicant has submitted the following project description: "The lot will be used for outdoor storage of new and used vehicles for Maroone Ford which is located just south of this project. This lot will help alleviate a shortage of storage space for existing inventory. There will be no additional employees or additional structures associated with it. The vehicles will be stored in "Bullpen" parking configuration and the hours of operation will coincide with the existing dealership. " 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. Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use 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 CMR (Commerce) Future Land Use Map (FLUM) designation and is zoned MIC (Mixed-Industrial-Commercial). The MIC zoning is consistent with the CMR land use designation. The proposal is to construct a parking lot for new and used car storage for Maroone Ford. This is allowed as a conditional use in the MIC zone pursuant to LDR Section 4.4.19(D)(2)(b). Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. 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. The development proposal is to establish a bullpen type overflow parking lot for new and used vehicles. The development of the property for use as a parking area will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. Water and Sewer: . There are 10" water lines along Wallace Drive and 8" along Gwenzell Avenue which are in place. These are readily available and would require only minor extensions to bring water service to the site for the irrigation of landscaping and cleaning of vehicles. . There is an 8" sewer line which extends the length of Gwenzell Avenue at the west portion of the property. With no buildings planned there would be no need for sewer/sanitation facilities. . Adequate fire suppression can be provided to the site from two existing fire hydrants located to the west across Wallace Drive. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted Level of Service standards at the City's build-out population based on the current FLUM. The establishment of a new and used car parking lot for overflow storage will not increase the demand on water compared to other Commerce (Industrial, Commercial, Service) uses. Further, similar car related uses existed to the south and east of the property. Based on the above a positive finding can be made that concurrency with the adopted LOS standards will be achieved with the proposed conditional use request. Streets and Traffic: According to the submitted traffic statement, the proposed vehicle storage parking lot would not have an impact or increase A.M. and P.M. peak hour trips. The traffic statement has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be provided by the applicant and it is attached as a condition of approval. It is anticipated that the proposal will meet traffic concurrency standards. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made. 2 Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found: Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: - - 4) Automobile dealerships shall be directed to the following areas: · North of George Bush Boulevard, between Federal and Dixie Highways; · East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; · South of Linton Boulevard, between Federal and Dixie Highways; · Between the one-way pairs (Federal Highway), from SE 4th Street to SE 10th Street; and from N.E. 5th Street to George Bush Boulevard; · On the north side of Linton Boulevard, between 1-95 and SW 10th Avenue, and along Wallace Drive. The subject property is located along Wallace Drive to the west and north of existing car dealerships. The requested use is appropriate as it is located in a designated area and will not increase the intensity of the existing similar auto-related uses. 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 following zoning designations and land uses abut the subject property: Zonina Desianation: Land Use: North: MIC (Mixed Industrial-Commercial) Residential-Sunny Acres Subdivision South: MIC & AC Maroone Ford East: (AC) Automotive Commercial Maroone Dodqe, Maroone Nissan West: IND (Industrial) GeorQia Street Industrial Park 3 Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use The proposed new aAd used vehicle parking for Maroone Ford is compatible with the existing adjoining zoning and with the adjoining existing land uses except for the residential land uses to the north (Sunny Acres). Adequate perimeter buffering and landscaping requirements to screen the property will be required. To mitigate any potential impact to the residential land uses to the north, alonq the north property line one tree shall be planted for every 25 feet to form a solid tree line (LDR Section 4.6.16(H) (3) (e). This is attached as a condition of approval for the conditional use request that this requirement be met with the site plan submittal to the Site Plan Review and Appearance Board (SPRAB). In addition, a perimeter landscape buffer or wall with a heiqht equal to or exceedinq the heiqht of all vehicles stored in the parkinq lot will be required for screeninq. This is also attached as a condition of approval for the conditional use that this requirement be met with the site plan submittal to SPRAB. Provided these conditions will be met a positive finding can be made that the proposed conditional use will not have a detrimental effect on the stability of the neighborhood nor that it will hinder development or redevelopment of nearby properties. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.4.19(D)(2)(b) Pursuant to LDR Section 4.4. 19(D)(2)(b), garages and lots for the parking and storage of vehicles are allowed a conditional uses provided any outside storage associated with such uses may not be located within one hundred and fifty feet (150') of any property adjacent to an arterial roadway. There are no arterial roadways within 150 feet of this site and this requirement has been met. LOR Section 4.4.19(H)(2) Pursuant to LDR Section 4.4.19(H)(2), within the front yard setback, the first ten feet (10') abutting the Wallace Drive right-of-way shall be a landscaped berm area within which no paving shall be allowed except for driveways and walkways leading to the vehicle parking area. Such driveways and walkways shall be generally perpendicular to the property line. This is provided on the site plan. LOR Section 4.3.4(H)(6)(b)(1) Special Landscape Setback: Pursuant to Section 4.3.4(k), 25% of non-vehicular open space is required. The proposed parking lot site is deficient with regard to the required total open space in the MIC as the proposed plan provides 23.7% open space, primarily as a perimeter buffer (18,414 out of 21,250 square feet of landscaping) within the interior of the site. This is attached as a condition of the conditional use approval that the landscape plan and site plan submitted to SPRAB provide a minimum of 25% open space. LDR Section 4.6.6(C)(2) Outside StoraQe: Pursuant to LDR Section 4.6.6 (C)(2): (1) Materials and equipment stored outside must be screened from view from adjacent public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. (2) It is not intended that sales or customer service be conducted in an area designated for storage areas. These are attached as conditions for the conditional use approval. 4 Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use LDR Section 4.6.16(l;I)(3)(i) Minimum Landscape ReQuirements: Pursuant to LDR Section 4.6.16(H)(3)0), each row of parking spaces shall be terminated by landscape islands which contain a minimum of seventy-five (75) square feet of plantable area, with a minimum dimension of five feet, exclusive of the required curb, and shall be placed at intervals of no less than one landscape island for every ten (10) parking spaces. The site plan does not meet this requirement and will need to be satisfied for site plan approval. This is attached as a condition of the conditional use approval that this requirement be met with the site plan submittal to SPRAB. LDR Section 4.6.8 Liahtina The issues arise with the requirement for the lighting of the overall site in which the maximum averaqe illumination cannot exceed 4.0 foot-candles. The photometric plan submitted shows a maximum of 5.82. The revision of the photometric plan to reduce the uniform lighting to a maximum of 4.0 foot-candles is required and attached as a condition of the conditional use approval. The photometric plan also does not scale the concrete pole detail to determine if the light pole and light fixture combined meet the 25 foot requirement. The concrete pole detail must be modified to include a scale to determine compliance and is also attached as a condition of the conditional use approval. LDR Section 5.3.1 (D) Riaht-of-Wav Dimensions: Gwenzell Drive is considered a Local Commercialllndustrial street requiring a 60 foot wide right- of-way. The applicant had asked the Development Services Management Group to consider a reduction in the required right-of-way dedication from 60 to 50 feet per LDR Section 5.3.1 (D)(4) STREET TYPE WIDTH IN FEET County Collector 80 City Collector 80 Local Commercial! 60 Industrial Street Local Residential Street . Without Curb and Gutter 60 . With Curb and Gutter 50 (4) Reduction in Width: A reduction in the required right-of-way width established in Subsection (0)(2), above, may be granted by the body having the approval authority of the associated development application in developments in which new streets are created. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG). Reductions in the required right-of-way width may be granted pursuant to the following: [Amd. Ord. 29-98 8/18/98J (a) The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the City Commission. [Amd. Ord. 9-02 3/5/02J 5 Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use (b) That requiring full dedication would constitute a hardship in a particular instance and that all required improvements will be provided in a manner which will not endanger public safety and welfare (c) That acceptable, alternative provisions are made to accommodate features which would otherwise be accommodated within the right-of-way e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, et The Development Services Management Group met on 2-16-06 and approved the right-of-way reduction from 60 to 50 feet for Gwenzell Drive. The development proposal is not located within a geographical area requiring review by. the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: 1. President's Council 2. Southridge HOA 3. Woods of Southridge HOA 4. Progressive Residents of Delray 5. Neighborhood Advisory Council The proposal requests a Conditional Use approval for the parking and outdoor vehicle storage of new and used vehicles at 1320 Wallace Drive for Maroone Ford. The 1.923 acre site is to be used in conjunction with the Maroone Ford dealership to the south as a bullpen overflow parking area. No building construction is proposed. Provided the conditions of approval are addressed, the proposed use will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Subject to meeting the required conditions of approval, positive findings can also be made with respect to Section 2.4.5(E)(5) that it will not have a significantly detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. A. Continue with direction. 6 Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use B. Move a recommendation of approval of the request for the Conditional Uses to provide a 253 space parking lot for new and used vehicles for Maroone Ford., 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), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the request for the Conditional Uses to provide a 253 space parking lot for new and used vehicles for Maroone Ford., by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations Move a recommendation of approval of the request for the Conditional Use to provide a 253 space parking lot for new and used vehicles for Maroone Ford., 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), and Chapter 3 of the Land Development Regulations, subject to the following conditions. 1. That a letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be provided by the applicant. 2. Provide site lighting photometric plan in compliance with the 4.0 Foot-candles maximum illumination level per LDR Section 4.6.8(c) and scaled detail showing compliance with the maximum height requirement of 25 feet. 3. A perimeter landscape buffer or wall with a height equal to or exceeding the height of all vehicles stored in the parking lot will be required for screening. Provide buffer or wall details and statement of the specific height of the buffer or wall and the vehicles stored in the parking lot. 4. Require one tree to be planted for every 25 feet to form a solid tree line along the perimeter of the north property line per LDR Section 4.6.16(H)(3)(e) 5. Provide a minimum of 25% non-vehicular open space. 6. Materials and equipment stored outside must be screened from view from adjacent public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. 7. Sales and customer service will not be conducted in the vehicle parking lot. 8. Revise site plan for interior landscaping to be compliant with LDR Section 4.6.16(H)(3)(i) & 0), requiring each row of parking spaces to be terminated by landscape islands. Attachments: . location Map . Site Plan Report Prepared By: James G. 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HI! !IU ~g ~~~ ~~~~ . 0 I ~O~ . ~,i _.._~. ~S. ~ 2' I~~~', ' ~ ~~~ 0 i ~ ,_, 0 ~ i ~ !' . "i ~ o ; :;: ,. Z o ~ ~. ~i .'? , N~ NO> ~w w~ N w~ ~ o o o ~1 l .; N {11I1I1l t ~!Iftl F! to 01 ll~! ',.2 ;:Uli I:~ g ~ 'nl-IIP,'I! !'~ :i'" IIll.. ~.j\l"C II !E n! i,!:::~ : I ;~ : ~; ~ ~- I = ~~ ~ :: l ~;g !Il~!!! ~~ gia~ ;sa .. ()- -. ;. :: ~ z ~ ;:-;".- ; ~ ; ~ :;:;. . ~; ~! IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR MAROONE FORD ORDER OF THE CITY COMMISSION OF THE CITY OF DElRA Y BEACH, FLORIDA 1. This conditional use request has come before the City Commission on March 6, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Maroone Ford. 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/Future land Use Map: Is the property developed/redeveloped 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 and is consistent with the Land Use Map? Yes No b Concurrency: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No @~\()'Q A~d~,\~~\ ~~ 0/ ~~ 96 c. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. lOR REQUIREMENTS: a. lOR Section 2.4.5(E) ReQuired Findinas: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. REQUIRED FINDINGS RELATING TO PARKING AND STORAGE OF VEHICLES: Pursuant to LDR Section 4.4.19(D)(2)(b), garages and lots for the parking and storage of vehicles are allowed as conditional uses provided any outside storage associated with such uses may not be located within one hundred and fifty feet (150') of any property adjacent to an arterial roadway. Does the Applicant meet the requirements set forth in Section 4.4.19(D)(2)(b) to allow parking and outside storage of vehicles? Yes No 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 LDR requirements in existence at the time the development application request was submitted and finds that its determinations as herein set forth are consistent with the Comprehensive Plan. 2 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves _ denies _ the conditional use request subject to the conditions stated in the staff report and hereby adopts this Order this _ day of March, 2006, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin City Clerk 3 City of Delray Beach MEMO TO: City Commission From: City Manager ~( Date: March 17,2006 Re: Valet Parking Queue Space Fees In reviewing this agenda item it occurred to me that not all our valet queues operate on the same schedule. All of the valet queues west of the Intracoastal Waterway operate from 5:00 PM until 2:00 AM. The queue on Atlantic at AlA, however, operates from 11:00 AM until 2:00 AM. Since they operate for 15 hours per day while the others operate for 9 hours per day, and they operate in an area where all on street spaces are metered, so we are actually losing revenue, I recommend that they be charged a higher fee. Based on lost meter revenue the appropriate fee would be $140 per month. Based on the additional hours of operation the fee should be $125 per month (15 hours is 1 2/3 times 9 hours). If the Commission feels that an increase from $60 to $125 or $140 is too great an increase all at once, then I would recommend a fee of $100 per month for these spaces. <=te, A FROM: SUBJECT: ECTOR OF PLANNING & ZONING TO: THRU: ARKING MANAGEMENT SPECIALIST There are currently six (6) Valet Parking License Agreements containing a total of 24 valet queue parking spaces. In April, 2004, fees for the parking spaces for Valet Parking queues were increased from $50.00 to $60.00 per space per month (prior to that date the $50.00 fee had been in place since 1999). In reviewing the appropriateness of a fee increase the monetary value for each parking space was researched using revenue generated at the parking meters in front of the Marriott Hotel, on Atlantic Avenue. Currently, these parking spaces generate approximately $30.00 to $40.00 per week per space. Using an average of $35.00, the resulting revenue generated per space is $140.00 per month. Although it is anticipated that metered spaces west of the Intracoastal Waterway would generate even higher revenue, based on greater turnover ratios, staff has not increased total revenue projections. The Valet Parking License Agreements are up for renewal and staff is recommending a $15.00 increase per space, per month. This would increase the fees from $60.00 to $75.00 per space, per month, resulting in an annual total revenue increase from $17,280.00 to $21,600.00 equaling $4,320.00. The Parking Management Advisory Board, at its meeting of February 28, 2006, recommended no increase at this time and a reevaluation of the fees for the next contract year (April 1 ,2007 through March 31,2008) By motion, approve an increase in the monthly valet queue parking space fees from $60.00 to $75.00 per space per month. o~ ...~1 [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 2()() I'\W 1st AVENUF' DELRAY BEACH. FLORIDA 33444 lTLEPHONE: 561/24j.7()<)()' FACSIMILE: 561/278-4755 DELRAY BEACH f lOR I D A tIr*.d All-America City , III J! DATE 1993 2001 TO: FROM: Writer's Direct Line: 561/243-7091 MEMORANDUM March 17, 2006 City Commission David Harde~, Ci~ Manager }\----- Brian Shutt, Assistant City Attorney SUBJECT: AQreement with ImaQe Sports ManaQement. Inc. The attached agreement is with Image Sports Management, Inc. (Image) regarding the use of the City's tennis stadium and community center for approximately 7 home games for the Palm Beach Phantoms of the National Indoor Football League. The major points of the Agreement are as follows: the term shall be for the 2006 NIFL season, which would result in 7 home games ( starting April 8 and concluding on July 1) plus possible playoff games (one of the dates has not been determined as of this time) Image shall provide the players, all personnel needed for the games and private security personnel as well as installing the material needed for the playing surface Image shall pay the City $15,000.00 rent per game, a facility fee depending on ticket price and City's police and fire personnel cost City shall provide parking, up to 800 spaces (in which the City would receive any revenue), use of the tennis center and clubhouse and certain Community Center rooms and box office on the day of the games City shall be responsible for the clean up of the site, signage, dumpsters and an electrician alcohol will be allowed but must not be sold atter the 3rd quarter and no glass bottles will be allowed on site qD Certain consents must also be obtained from other entities that the City has existing contracts with regarding the use of the tennis stadium. If these consents are not obtained prior to Image's proposed use of the tennis stadium then this Agreement shall be null and void. We are in the process of obtaining the consent of the other entities, however, at the time of this writing these consents had not been obtained. Changes might also be brought forward prior to Tuesday's Commission meeting regarding this Agreement as the other party, while agreeing in principle, has not had a chance to fully review this Agreement. Our Office requests that this item be placed on the March 21, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Robert Barcinski, Asst. City Manager Doug Smith, Asst. City Manager AGREEMENT THIS AGREEMENT, made and entered into this _ day of ,200_ by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "CITY"), and IMAGE SPORTS MANAGEMENT, INC" (hereinafter referred to as "IMAGE"). WIT N E SSE T H: WHEREAS, the CITY owns and controls certain property upon which is located the City of Delray Beach Municipal Tennis Center; and, WHEREAS, IMAGE is the owner of a football team, Palm Beach Phantoms, which is part of the National Indoor Football League (NIFL); and, WHEREAS, IMAGE, is desirous of using a portion of the Municipal Tennis Center for the purpose of holding its home football games ("Games") at the Tennis Center; and, WHEREAS, the CITY believes that holding the Games at the Municipal Tennis Center will grant the citizenry of Delray Beach many tangible and intangible benefits; and, WHEREAS, IMAGE understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has exclusive pouring rights at the Tennis Center and IMAGE shall not enter into any agreements that would be counter to Coca-Cola's pouring rights in the City unless otherwise agreed to by CITY, Coca-Cola Enterprises, Inc. and IMAGE; and, WHEREAS, IMAGE understands that the CITY has an exclusive contract with America's City Entertainment, LLC regarding the hosting of sporting events and that consent must be obtained from that entity prior to the CITY entering into this Agreement; and WHEREAS, IMAGE understands that the CITY has an agreement with Match Point, Inc. for the use of the box office and consent must be obtained from Match Point regarding the use of the box office for ticket sales; and WHEREAS, IMAGE also understands that the CITY has an exclusive agreement with Ticketmaster of Florida for the sale of tickets for events. NOW, THEREFORE, in consideration of the mutual premIses, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSE: TERM. The CITY hereby grants to IMAGE the right and privilege to use the tennis stadium, portions of the Community Center and necessary surrounding property (hereinafter referred to as the "Site") for 7 home Games plus possible playoff games, as shown on Exhibit "A", for the period oftime from the execution of this Agreement through the last home game and any playoff games that comprise the 2006 NIFL season. The term ofthis Agreement may be extended upon mutual consent of both parties. 2, LICENSE AGREEMENT ONLY. This agreement between the CITY and IMAGE is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthermore, this License Agreement does not grant nor is IMAGE receiving hereunder any rights to any real property of the CITY nor any property interests except as set forth in this agreement. 3. FACILITIES AND SERVICES PROVIDED BY CITY. Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at no charge to IMAGE the following facilities and assistance in connection with the conduct of and staging of the Games: (a) use of the 8200 seat stadium in which set up shall be allowed 48 hours prior to game time and the tear down (removal of all material placed on the Site) must be completed within 48 hours of the conclusion of the game, unless otherwise agreed to by the CITY; (b) bathrooms, Mahogany room, gym (including floor cover), locker rooms, Banyan room, Orchid room and Magnolia room in the Community Center from 12:00 noon of the day of each game until 12:00 midnight; (c) ticket office starting at noon on the day of the game and concluding by midnight (d) Tennis Center clubhouse from noon on the day of the game and concluding by midnight and providing office space in the upstairs portion of the clubhouse from 9:00 a.m. on the Wednesday prior to the game and ending by 5:00 p.m. on the Sunday after the Game; (e) television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Games; 2 (f) parking for players, sponsors, ticketholders, press, staff, and volunteers (up to 800 parking spaces after 2:00 p.m. on the day of the game) (CITY to implement, manage and staff parking, including reserved areas and is allowed to charge for parking for ticket holders, excluding VIP's); (g) all electrical power and one on-site electrician (all costs and expenses are CITY'S responsibility) for the duration of the Games (hook-ups not included); (h) adequate space, as determined by the CITY, for and operation of concessions, retail booths, etc. (IMAGE shall place and operate the concessions and retain all revenues from its concessions and retail booths, location and method of installation shall be at CITY'S sole discretion); (i) restroom facilities and supplies; G) on and off-site directional signage; (k) adequate police, fire support and traffic control (costs will be paid by IMAGE); (1) access to utilities to include but not be limited to water/sewer, electric/lighting; (m) use of existing dumpsters and arrange to have the dumpsters emptied at CITY'S expense; (n) clean-up of the Tennis Center area, Stadium, and Community Center area before, during and upon conclusion of the game. 4, RESPONSIBILITIES OF IMAGE, The organization, staging, and conduct of each Game will be the responsibility of IMAGE, which responsibilities shall include the following: (a) handling of ticket and box office sales for all Games; (b) Obtaining a director for all football games and operations, all personnel required for each Game, to include but not be limited to officials, chair personnel, team staff and the Games participants; (c) Administration for all Game operations; (d) Set-up, and tear down for each Game on-site and handling all activities of the Games; (e) Provide private security as required by the Delray Beach Police Department for the Games and provide a medical staff, which would include a doctor, to be the first responders to any injuries sustained by the players; 3 (t) Handling promotions, advertising, sales, public relations, and program production for each Game; (g) IMAGE is responsible for covering courts as set forth in Paragraph 6; (h) provide 20 (preferred seating) tickets to the CITY at no charge to the CITY; (i) IMAGE shall pay for all expenses relating to phone usage by IMAGE, including, but not limited to, hook-up, dial tone, usage charges and provide the phones needed; (j) IMAGE shall provide and install any and all material that is needed for the playing field and concession stands. (k) IMAGE shall not allow any glass bottles or containers on the Site; (1) IMAGE shall not allow any alcohol to be served after the third quarter of the Game; (m) IMAGE must obtain all permits, approvals or licenses as required by the CITY or any other governmental entity regarding its use of the Site; (n) IMAGE shall not open the gate for spectators until 2:00 p.m. of the day of the game and all games must start no later than approximately 7:00 p.m., except in circumstances beyond the control of IMAGE, 5, RENT AND FACILITY FEES, IMAGE shall pay to City for the rights and privileges granted herein Fifteen Thousand Dollars ($15,000.00) plus state sales tax and any other taxes imposed against the CITY for the use of the Tennis Center for each Game. Payment is due, 5 days prior to each Game, in the form of a cashiers check. This fee is in addition to any other fees or reimbursements of whatever nature required or provided under this Agreement. This fee paid to CITY shall be forfeited if the Game is cancelled by IMAGE and such cancellation is not excused by any other portion of this Agreement. IMAGE shall pay to the CITY a facility fee as follows: Tickets under $10.00 $.50 per ticket Tickets between $10.00 and $19.99 $1.00 per ticket Tickets between $20.00 and $34.99 $1.50 per ticket Tickets $35.00 or above $3.00 per ticket 4 IMAGE shall pay all amounts due to the City for the facility fee within 72 hours upon the conclusion of each Game. IMAGE shall provide evidence of accounting of tickets sold and the pricing ofthe tickets. Subject to Paragraph 43 hereof, IMAGE shall be responsible for collecting all revenues generated by, and paying all expenses incurred for, the Games, except for those expenses associated with CITY'S obligations set forth herein. 6. INST ALLA TION OF FLOORING, The CITY shall provide, at IMAGE'S option, up to 8,500 square feet of temporary flooring for the Games at a cost of $.50 per square foot. 7, FORCE MAJEURE, If IMAGE or the CITY is prevented from or interfered with in any manner whatsoever in fully performing its agreements (including its ability to conduct the Games(s)) hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the foregoing all being examples of an "event of force majeure"), then IMAGE'S and the CITY'S obligations hereunder will be suspended as often as any such event of force majeure occurs and during such occurrences, IMAGE'S and CITY'S nonperformance will not be deemed a breach of this Agreement 8. AUTHORIZED AGENT. IMAGE hereby designates , as IMAGE's authorized agent for all purposes hereunder. All notices or submissions to be made or delivered by CITY to IMAGE pursuant to this Agreement shall be delivered to said address free of all charges, such as, for example, shipping charges and customs charges. 9. TAXES. 5 IMAGE shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and use tax. 10. PROOF OF INSURANCE. IMAGE shall provide the CITY with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit "B" to this agreement. Proof of such insurance shall be due 1 0 days prior to the first day of the event. The insurance shall name the CITY and its designee as additional insured. 11. FINANCIAL RESPONSIBILITY. IMAGE agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the Games including, but not limited to, all accounting and reporting as may be required by law. IMAGE further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the Games, and which are not provided for in this Agreement. 12. OTHER SERVICES AND SUPPLIES. IMAGE further agrees that all services and supplies not specifically identified herein shall be provided by or through IMAGE. 13. CONCESSION RIGHTS OF IMAGE. IMAGE may sell food, beverages, confections, refreshments and novelties or may, subject to approval by CITY, contract with another to provide such service except that IMAGE will not offer for sale items that are prohibited by the CITY'S agreement with Coca-Cola of Florida, unless otherwise agreed to in writing by CITY, Coca-Cola Enterprises, Inc. and IMAGE. In providing the concession service, IMAGE or any person, firm, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the following provisions provided, however, that IMAGE shall remain ultimately responsible to CITY for all obligations required of the concessionaire: 6 a. Concessionaire shall, prior to commencing any activities, obtain any and all permits, licenses and insurance that may be required in connection with the operation of this concession. b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. c. Concessionaire may have the option to sell alcoholic beverages at the Tennis Center. Sale of alcoholic beverages must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. d. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to CITY for approval prior to installation of any items. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. e. The Concessionaire shall provide all maintenance, repaIr and servIce required on all equipment used on the concession. f. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by CITY. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. g. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. h. If the concession is operated by a person, firm or corporation other than IMAGE, such person, firm, or corporation shall at all times maintain workers' compensa- tion insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to 7 the Risk Manager of CITY and shall name CITY, its officers, agents and employees as additional insured. 14, TOURNAMENT SITE. (a) IMAGE assumes full responsibility and liability for all damages, losses and liability caused by conditions on the Site, which arise once it commences use and occupancy of the Site, and which conditions are caused by or result from the actions of or failure to act by IMAGE, its employees, agents or representatives, or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of IMAGE while on the Site. IMAGE indemnifies, defends and holds CITY, and its designee, harmless for any such claims unless such damage, loss or liability was caused by conditions on the Site which are inherent in the structures involved, or the direct result of CITY'S (including its employees and agents), negligence or misconduct. (b) CITY, and its designee, shall not be responsible for any damage or injury to, or personal conduct, safety and welfare of IMAGE, its employees, agents or representatives, or game participants, exhibitors, independent contractors, workers, and invitees while on the premises and IMAGE expressly indemnifies, holds harmless and releases CITY from any and all such claims, damages, losses or liability associated therewith, unless such claim, damage, or liability is the result of CITY'S (including employees and agents) negligence or misconduct. (c) CITY is not required to modify any portion of the Tennis Center or Community Center for the Games. 15. REPAIR AND REPLACEMENT. IMAGE shall pay all costs for repair and replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the term of this Agreement in order to restore the Site to a condition equal to the condition at the time IMAGE occupies the Site. 16. TICKET SALES. All tickets for admission shall contain language approved by IMAGE and CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, 8 IMAGE shall provide City Manager or his designee with the established selling price of each type and kind of ticket for his review and approval. 17, DEPOSIT. IMAGE shall deposit with the CITY a security deposit in the amount of Ten Thousand dollars ($10,000.00) in the form of a certified or cashier's check payable to CITY. The certified or cashier's check shall be delivered to the CITY 5 days prior to the date of the first home game. The security shall be conditioned upon the faithful performance by IMAGE of all of the terms of this Agreement and may also be used to refund ticket sales for the event which did not occur, and such portion as may be due shall be returned to IMAGE at the termination of this Agreement, so long as IMAGE was not responsible for damages to the Tennis Center, normal wear and tear excepted. 18, OTHER CONTRACTS. IMAGE is aware of and acknowledges that the CITY has entered into agreements with Ticketmaster-Florida, Inc., Match Point, Inc., America's City Entertainment, LLC, and Coca Cola of Florida regarding the Tennis Center. IMAGE agrees that no provision ofthis Agreement shall conflict with any provision of the agreements provided above and in the event that a conflict arises or exists, IMAGE agrees to waive any provision of this Agreement so as to resolve the conflict. IMAGE is also aware that certain waivers will be needed from Match Point, Inc., America's City Entertainment, LLC, and Coca Cola of Florida regarding IMAGE'S use of the Stadium. If the waivers that are needed, as determined by the CITY in its sole discretion, are not obtained prior to IMAGE'S proposed use of the Site, then this Agreement shall be null and void and IMAGE shall not be allowed to use the Site and any fees paid to the CITY prior to the Agreement becoming null and void shall be refunded to IMAGE. 19. POLICE. PRIVATE SECURITY AND EMERGENCY PERSONNEL. IMAGE agrees to make arrangements with the CITY designated representative to provide for CITY police personnel and private security, which, the CITY determines, in its sole discretion, is necessary for the Games. Also, IMAGE shall contact the CITY designated representative to make arrangements for Fire Department Paramedics, if necessary, to be present at the Games. 9 IMAGE shall pay to the CITY, 72 hours prior to each game, 100% of the estimated charge of police and fire personnel working the Game. The private security personnel shall be paid directly by IMAGE. If the estimated cost is less than or more than the actual cost, any refund or extra payment shall be made within 5 days of the determination of the actual cost. 20, CITY'S RIGHT TO CONTROL PREMISES. CITY at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither CITY nor of any its officers, agents or employees shall be liable in any manner to IMAGE or its officers, agents or employees for any damages which may be sustained by IMAGE through the exercise of this right by CITY. 21. ALCOHOLIC BEVERAGE LICENSE. In the event an alcoholic beverage license is required, IMAGE or its agents shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages at the Site for the Games. IMAGE, or its agents, shall display said license in a conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages. IMAGE shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. IMAGE, or its agents, shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. All alcohol sales, and the providing of any alcohol will cease by the end of the third quarter of each game. IMAGE must provide a copy of its license to sale alcohol products to the CITY at least 5 days prior to the start of the first home game. 22, NON-DISCRIMINATION. 10 A. That IMAGE for itself, its personal representatives, successors in interest, assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination. 3. That IMAGE shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of a proven breach of any of the above non-discrimination covenants, the CITY shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. IMAGE shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 23, CHANGE IN LAW. During the term, the CITY reserves the right to restate and/or renegotiate with IMAGE such additions, deletions or changes to the license as may be necessitated by changes in county, 11 state or federal laws relating to the operation of the downtown site. In the event that the CITY and IMAGE are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 24. CANCELLATION BY CITY, The occurrence of any of the following cause this Agreement to be automatically terminated: A. Institution of proceedings in voluntary bankruptcy by IMAGE. B. Institution of proceedings in involuntary bankruptcy against IMAGE if such proceedings lead to adjudication of bankruptcy and the IMAGE fails within ninety (90) days to have such adjudication reversed. The CITY shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to IMAGE specifying the amount of payment(s) in default, to terminate this Agreement whenever the non-payment of any sum or sums due hereunder continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if IMAGE makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. 25. DEFAULT BY IMAGE, The CITY may terminate this Agreement for cause upon IMAGE'S failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by IMAGE within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the CITY'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY. 26. DEFAULT BY CITY. IMAGE may terminate this Agreement for cause upon CITY'S failure to perform any of the terms and conditions of this Agreement if such failure in performance was not remedied by 12 CITY within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and IMAGE'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from IMAGE. 27, NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City ofDelray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To Image: or to such other addresses as either party may designate in writing. 28, INTERPRETATION, This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 29. INDEMNIFICATION. (a) To the fullest extent permitted by laws and regulations, IMAGE agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin & 13 Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by IMAGE or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by IMAGE, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either IMAGE or any player, agent or employee of IMAGE: (c) the breach by IMAGE of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by IMAGE in this Agreement. IMAGE shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. (b) IMAGE agrees to defend all actions to which this Paragraph 29 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of IMAGE under this indemnification agreement. (c) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph 29 shall survive the execution, delivery and performance of this Agreement. 30. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Site by IMAGE, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Site under this Agreement. IMAGE shall defend any such action in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in 14 any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility oflMAGE under this agreement. 31. INDEPENDENT CONTRACTOR STATUS. IMAGE and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 32, ASSIGNMENT. This Agreement shall bind and inure to the benefit of IMAGE and the successors and assigns of IMAGE. The rights granted IMAGE hereunder shall be exclusive to it and shall not, without the prior written consent of CITY, be transferred or assigned to any other. 33. RESERVATION OF RIGHTS, All rights not herein specifically granted to IMAGE with respect to the Games shall be and remain the property of CITY. 34, ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between CITY and IMAGE in respect to the subject matter ofthis Agreement and supersedes all prior agreements. 35, EXECUTION AND DELIVERY REQUIRED, This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part oflMAGE or CITY, or either of them, unless and until it has been signed by representatives of IMAGE and CITY and delivery has been made of a fully- signed originaL 36. THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to 15 any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 37. VENUE. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 38. TICKETMASTER. (a) CITY or its designee shall provide the servIces of a box office through Ticketmaster only for those tickets elected by IMAGE to utilize such services in connection with the Games. These services will be provided in a timely, professional and diligent manner and in accordance with IMAGE reasonable ticket specifications. IMAGE agrees that it will provide facility and box office services for those tickets for which IMAGE does not elect to utilize the services through Ticketmaster. IMAGE agrees that all payments from Ticketmaster shall be made solely to the CITY. (b) In full payment for the ticket services, IMAGE agrees to CITY imposing a two and one half percent (2.5%) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. CITY acknowledges that no other amounts will be charged to IMAGE (other than payment of state sales tax) for ticketing for the Games. (c) CITY shall pay all amounts due to IMAGE within 5 days of the CITY receiving the funds from Ticketmaster. If IMAGE fails to hold the event as scheduled, IMAGE shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus any additional credit card fees that may be imposed. 39. APPROVALS. All approvals to be given by a party under this Agreement shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. 16 CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Jeff Perlman, Mayor City Clerk Approved as to Form: City Attorney WITNESSES: IMAGE SPORTS MANAGEMENT, INC, By: Name Printed: Title: (print or type name) STATE OF COUNTY OF instrument was acknowledged before me this _ day of of IMAGE SPORTS on behalf of the corporation. (as identi- The foregoing , 200_ by MANAGEMENT, INC., a corporation, He/She is personally known to me/or has produced fication). Signature of Notary Public 17 Home Games April 8, 2006 April 15, 2006 May 27, 2006 June 3, 2006 June 17,2006 July 1, 2006 Playoffs commence on July 8,2006 EXHIBIT" A" 18 EXHIBIT B INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH FOR AGREEMENT WITH IMAGE SPORTS MANAGEMENT. INC. Image shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following coverage and/or provisions shall be required: Commercial General Liability Insurance: Shall be written on the most current ISO Occurrence Form, or equivalent, to cover legal liabilities arising from premises and operations, independent Images, contractual (indemnification) agreement, products and completed operations, liquor liability, personal injury and XCD exposures as required by the work to be performed under this Contract, unless waived by the City. The combined bodily injury and property damage limit shall not be less than $1,000,000 per occurrence with an annual aggregate of $2,000,000. Automobile Liabilitv Insurance: Shall be maintained in accordance with the laws of the State of Florida to cover the ownership, maintenance and/or use of all owned, non-owned, or hired vehicles as required by the work to be performed under this Contract. The combined bodily injury and property damage limit shall not be less than $500,000 per occurrence. Workers' Compensation Insurance: Shall be provided and maintained in accordance with Statutory Requirements of the State of Florida. Included shall be Employee's Liability Insurance to protect against on-the-job injury or illness which may not fall within the provisions of the Florida State's Workers' Compensation Law. The limits shall be no less than $500,000 each accident, and an occupational disease limit of $500,000 per employee/$500,000 aggregate. Additional Insured: The City of Delray Beach shall be included as an additional insured by way of the most current ISO endorsement, or its equivalent, on the Image's liability insurance policies required under this contract. Legal Defense: The Image will provide to the City any legal defense, and will pay all related expenses, as required by this Contract for legal actions, actual and alleged, brought against the Image and/or the City for Image activities related to his Contract. This City will not be prohibited from using its own independent legal counsel, independent of legal actions taken by the Image, and will be entitled to all documents and information as developed by the Image, its insurer(s) and their legal council(s). The City will not be obligated to pay any premium or contribution for such services and/or claim settlements. Claims-Made Policies: If any liability insurance is issued on a claims-made form, the Image agrees to maintain uninterrupted coverage for a minimum of one (1) year following conclusion of the Agreement either through the purchase of an extended reporting provision, or through the 19 purchase of successive renewals with a retroactive date not later than the beginning of performance of work under the Contract. Subcontractor Provision: The Image will assure that all subcontracted work essentially requires the subcontractor(s) to adhere to the same insurance, safety and indemnity provision as in this Contract, or otherwise the Image will assume the legal liabilities of such subcontractor(s) as provided for elsewhere in this Contract. Evidence of Insurance: Prior to the commencement of the use of its Tennis Center by Image or subcontractor, the City must receive and approve Certificates of Insurance evidencing the insurance coverages and requirements as required by this Contract. Certified copies of the policies will be provided if requested by the City. Renewal Certificates shall be provided to the City at least ten (10) days prior to the expiration of any policy. Cancellation/ChangeslRenewal: At least thirty (30) days written notice must be given to the City of any cancellation, intent to non-renew, or material reduction or change in insurance coverages. Primary Policies: Image's insurance will be primary to the City' insurances or self-insurance programs. Waiver of Subrogation: Image and it's insurer(s) waives all rights of subrogation against the City, its employees, officers, directors and agents for the recovery of damages to the extent such damages are covered under any of the City's general liability, automobile liability, excess liability or property insurance and self-insurance programs. Insurance Ratings: All insurers of Image shall be authorized to do business in Florida, and shall have an A.M. Best rating of A-NIl, or equivalent. Deductibles and Self-Insured Retentions: Image is responsible for all deductibles and self- insured retentions. In the event of loss which would have been covered but for the deductible or self-insured retention, the City may withhold from payment to Image an amount equal to the deductible or self-insured retention should the full loss recovery not be obtained under the Images insurance as a result. Fire Legal Liability Insurance: Shall be maintained by Image during its use of the Tennis Center in an amount of at least $75,000 per occurrence. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. 20 MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER M AGENDA ITEM # q"E:. - REGULAR MEETING OF MARCH 21.2006 TREASURE COAST REGIONAL PLANNING COUNCIL/TOWN PLANNING SERVICES SUBJECT: DATE: MARCH 17, 2006 Consider a proposal from the Treasure Coast Regional Planning Council for Town Planning Services associated with the Atlantic Plaza, Hotel Vista Del Mar, and South Swinton Avenue Projects. The Treasure Coast Regional Planning Council is proposing a three (3) day public planning process to be scheduled within a 30-day time period. Additional information can be found in the attached letter from Michael J. Busha. Recommend approval of the proposal from the Treasure Coast Regional Planning Council for Town Planning Services associated with the Atlantic Plaza, Hotel Vista Del Mar, and South Swinton Avenue Projects. S:\City Clerk\agenda memos\CM TCRPC Proposal 032106 3//-( ~ .-.. . ! ! ~{: i'j ~~\l>_,"", 'S Pc' ~>~~c }!'-{ /'::, '(".-, ].=Olf~~-" ,.r.,:. .,,~,,'J,~l~c;:.u 1 ~?=;~'~:~"'L..:g" "~,,,Sf .~2:\. "~' C..J'L ~~.~t ~~~B~~~: ,~ T R ~'~'sv'n'~ ftlt'"'-', i Nl~ ,~'IJAN NI N'C-' ~o u N~~1i I~~l MJ~:il'tt~ ~jj~~;C~~:~CH~'~:2 i;j~ .". - , ~-.*~; ",,';:n" ~,; '--'- February 24, 2006 RECEIVED Mr. Paul Dorling Planning and Zoning Director City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 FEB28 _ PLANNING & ZONING Subject: Town Planning Services Dear Paul: After giving more thought to the situation in Delray Beach, Council would like to suggest an approach that would include a significant element of public involvement. It would begin with a one-day town planning workshop open to the public. The first half of the workshop would be for education of the citizens, covering the urban design and town planning principles directly related to the three projects. The second half of the workshop would be for a citizens' design session in an appropriate format where they would apply the lessons learned in the morning to define design parameters for each of the three projects. Over the next two weeks that follow, Council would work with the City and landowners to create plans for each of the three projects, incorporating the citizens' ideas. Council would then come back to the City at a public workshop to present professionally rendered drafts of each plan. The purpose of the public workshop is to get feedback from the citizens on the work-in- progress. From the. workshop, Council would consider any concerns raised by the citizens and make any necessary modifications in finalizing the plans. These final plans would be brought to the City Council for conceptual approval. Any final site plan approvals would follow the City's normal processes. "'Bringing Communities Together" · Est. 1976 1.1 East Ocean Boulevard - Suite 1.. - Stuart, Florida 14"4 Phone (772) 221-4'" - SC 2"-4'" - Fax (772) 221-4"7 - E-. ail - ad.intiltcrpc.orr' Mr. Paul Dorling February 24, 2006 Page Two What this boils down to is a three day public planning process: Day One: Education and Public Planning Day Two: Public Workshop on the Work-in-Progress Day Three: City Council Workshop on Final Draft Plans These three days could be scheduled within a 30-day time period. Please let me know what you think about moving forward in this fashion. Cost estimates for performing the work under this approach are attached. Sincerely, Michael J. Busha, AICP Executive Director MJBIMC:lg Attachment ATTACHMENT A De/iverables and payment Schedule A. Deliverables: TCRPC shall provide the City of Delray Beach with the following deliverables as final work products: 1. Conceptual master plan for each one of the three sites, rendered in color at an appropriate scale. Perspective sketches or diagrams (as many as needed) illustrating significant plan features or explaining design ideas consistent with the respective plans. Each sketch or diagram will be rendered in color or black and white, at an appropriate size. Project Report (booklet) containing the above mentioned items, with descriptive text and a project summary. It will also suggest conceptual design ideas consistent with the City's Downtown Master Plan, traditional urban form, as well as all recommendations suggested by our staff. The report shall be in color and suitable for publication and reproduction. B. Format of Deliverables: TCRPC shall provide the City of Delray Beach with final work products in the following format: 1. TCRPC shall print written documents (1 copy only) on paper, as appropriate, and shall also provide digital copy of such documents in an appropriate format (pdt). 2. TCRPC shall provide graphic documents, including drawings, diagrams, maps, perspective renderings, or other comparable materials (1 copy only) on paper, as appropriate, and in a digital format suitable for reproduction. 3. TCRPC shall all PowerPoint presentations used for this project. 4. The client may request additional copies of deliverables upon payment to TCRPC of the actual reproduction cost. C. Fees and Reimbursable Expenses Professional services described in this proposal will be performed for a fixed fee in the amount of $ 42,500.00. This includes travel, out of pocket expenses (printing and reproduction costs), mail, couriers, and other costs related to the professional services we are providing, payable according to the following schedule. $ 21,250.00 Fifty percent (50%) of the professional fees one week prior to commencement. $ 21,250.00 Fifty percent (50%) of the professional fees upon completion of Day 3 - Presentation to City Commission. 0;\ P1 MEMORANDUM TO: David T. Harden, City Manager Douglas E. Smith, Assistant City Manag[J);)- March 17, 2006 FROM: DATE: SUBJECT: AGENDA ITEM CITY COMMISSION MEETING March 21, 2006 Agreement -CGI Communications, Inc, Additional Information ACTION The City Commission is requested to consider an agreement with CGI Communications Inc. to provide an online community video program. BACKGROUND The Commission discussed an agreement with CGI for an online community video program at the March 6, 2006 Commission meeting (copy of agenda backup attached). Staff contacted the IT department at the League of Cities to discuss concerns regarding business sponsorship. The League IT Director was not aware of problems such as only one bank being able to advertise on the site while others were excluded. He also had not heard of concerns regarding businesses or groups advertising on the site that, although not adult-oriented, may still be concerning to the City, but he felt this is a legitimate concern. In addition, the League will no longer be partnering/sponsoring vendors (including CGI) which, he indicated, was not a reflection on CGI, but it was an organizational change that they wanted to make. RECOMMENDATION Staff recommends Commission consideration of the agreement with CGI Communications, Inc. to provide an online community video program for the City. ~~ oA 0i<1 MEMORANDUM TO: David T. Harden, City Manager FROM: Douglas E. Smith, Assistant City Manag~ DATE: March 2, 2006 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING March 6, 2006 Agreement -CGI Communications, Inc. ACTION The City Commission is requested to consider an agreement with CGr Communications Inc. to provide an online community video program for the City. BACKGROUND Under the attached agreement, CGr Communications (through their eLocalLink division) will produce an online video program to be linked to the City's website 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. CGr 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. Staffhas received proposals from three other companies for video programs. · Scripted Irnprov 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. · CoMatrix provided a video production proposal for $22,500 with an additional charge for web streaming ($75/$125 quarterly). · Dorsia provided a proposal for producing and distributing a seven (7) to ten (10) minute video (verbally indicated that shorter segments could be created) at a cost of$14,900. Both Scripted rmprov and CoMatrix provide very professional productions, but there is a substantial cost~ The Dorsia website (TravelSushLcom) is still under development. CGI provides the ability tochost additional streaming video that we create without any additional cost while Scripted Improv charges a fee to add additional videos. ~F Concern has been raised about the business sponsorship aspect of the program. Following the January 17 meeting, the City Attorney's Office prepared an agreement for review by CGI. The agreement included the opportunity for the City to terminate the contract ''with or without cause", cor did not accept this provision due to commitments that they will need to make to their business sponsors. CGr provided letters explaining their position and their advertising policy (attached). The agreement before Commission includes a provision for termination "for cause" (rather than ''with or without cause"). RECOMMENDATION Staff recommends Commission consideration of the agreement with CGr Communications, Inc. to provide an online community video program for the City. c: Bob Barcinski Ivan Ladizinsky rr-... /" FLORIDA LEAGUE OF CITIES, INC. 301 South Bronough Street. Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757 (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. Ine on "Streaming Video Application!" and ~Decorati"e Banner Programs. n The FLC has negotiated a superb program for aU Florida cities. Our partnership with e-LocaJLink and CGI Communications will provide your city with both Streaming Video Applications ancVor Decorative Banners, which will identify and promote your web site address. { Streaming Video wiU add impact to your web site as few other presentations can! Through our agreement, e-LocalLink and COI Communications will provide you with a Streaming sruleo program at no cost to your city. This multimedia application will showcase and educate your online audience about your city. Want "to see an example? Go to this web site: http://WWW.2fCeI1Wic.hct.organdclick on "see movies about our town". e.LocalLinklCGI 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 superJative Streaming Yldeo technology. e.LocaJLink wm assist Florida cities while establishing a portfolio faT 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-LocalLinklCGI. This does not require the city to promote CGI 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 slate to demonstrate their assets and attributcs in a way like never before. Want to leam more about this opportunity. Contact Frank Hagy. CIO for the League at 800445-6248 Ext. 137 or email himat.fha~(iiUlcities.com. . chaol Sittig 9t/;;- Executive Directo~ J . . Attachment President Clay Ford, Mayor Pro Tern, Gulf Breeze FIrst VIce President Julio RobaIna, Council President, Hialeah. Second VICe President Rene FIo\vers, CouncDwoman. St. Petersburg ExecutWeDirector Michaef Sittig. Genera/Counsel Harry Morrison. Jr. DATE Dear Dekay 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 CGr Communications, Inc. (www.cgicommunications.com).eLocalLink.adivision of CGr 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 web site 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 CGr Communications, Inc., well in this endeavor and looks forward to the final product. Sincerely, David T. Harden City Manager AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2006, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (City), and CGI COMMUNICATIONS, INC, (CGI). WIT N E SSE T H: WHEREAS, CGI desires to produce an online video program to be linked to the City's website that will highlight various aspects of the City. NOW THEREFORE, this Agreement is made and accepted upon the following terms, covenants and conditions: 1. Recitals. The recitals set forth above are incorporated as if fully set forth herein. 2. Term. The term shall commence upon the date provided above and shall extend for a 3 year period. 3. Services provided bv CGI-CGI will: Provide a Web site Welcome video from your Mayor or other civic leader (approx. 1 minute). Provide a Community Video that will highlight any aspect of the City on the Community Movie (up to 10 chapter heading videos with a combined minimum length of 15 minutes). Consult with City to write scripts for the City. Come to the city to film videos about the City. Provide professional voice-overs, script writing and background music. Provide video editing consisting of all aspects of post-production from raw footage to final video. Provide a final draft of all content of the Community Movie for City's approval. Encode final video into multiple streaming digital formats to play on various computer systems, browsers and internet connection speeds, including both Windows Media™ and QuickTime™. Include patent pending One-Click™ technology. Provide marketing, production, printing, and distribution as the sole responsibility of CGI. Store and stream all videos on CGI's dedicated video server. Provide HTML source code for graphic link to be prominently displayed on City's website homepage. 1 Provide a graphic link for the City website designed to coordinate with existing website color theme. Provide encoding, hosting, and streaming of additional 5 minutes of finished video per month for finished videos provided by the City. Provide Vmail and Desktop Video Communication (DVC) System to include camera/microphone and software. Provide a DVC System that will encode the City's videos into multiple streaming digital formats to play on various computer systems, browsers, and connection speeds, including both Windows Media™ and QuicktimeTM with our patent-pending One-Click Technology. Provide a DVC library with capacity for 20 minutes of video and allowance for unlimited Vmail sends per month. 4. Services Drovided bv Citv. The City shall: Provide a letter of introduction for the program on the City's letterhead. Assist with the content and script for the Community Movie. Agree to give COI 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 without prior notice. Agree to put a graphic link on the City's web site homepage to CGI's video server. 5. BusineSs SDonsors. Business sponsors shall only be allowed on the perimeter of video panels. 6. Maintenance of Equioment and/or Software. COI shall be responsible for the cost and maintenance of all equipment or software used to execute the terms of this Agreement. The City shall not be responsible for any other cost or expense regarding this Agreement. 7. Interference. 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, CGI must take immediate action to cease such interference. In the event such interference does not immediately cease. the City may take whatever action is necessary to stop such interference. 2 8. Annroval bv City. The City shall have the final authority over what is displayed, broadcast or produced in reference to any video, movie, material or data that is produced for the City as it pertains to the City or any businesses. 9. CGI Rie:hts. CGr shall have the exclusive streaming video rights during the term of this Agreement for videos created. by CGI. 10. Insurance. CGr shall carry and pay for all insurance including, but not limited. to, liability regarding the terms of this Agreement and shall name the City as an additional insured.. The insurance shall be in such an amount and form acceptable to the City. 11. Indemnification. CGr shall indemnify, hold harmless and defend the City, its officers, agents and employees from and against all loss, liability or expense that may be incurred. as a result of this Agreement, including, but not limited to, attorney's fees and costs at trial and appellate levels. 12. Taxes. CGr shall pay all taxes and assessments, if any, of whatsoever kind imposed on either party as a result of this Agreement. 13. Termination. Either party may terminate this Agreement, for cause, upon 30 days written notice to the other party. Upon termination by either party, CGI shall remove all of its equipment, software and any reference to the City's web site or City from City property within 30 days of the notice of termination. If CGr fails to remove its equipment, software and any references to the City, the City may remove it and CGr shall be responsible for all costs incurred. by the City. 14. Assi2Dment. This Agreement may not be assigned by CGr, unless first obtaining the written consent of the City. 15. Adherence to Laws. The parties to this Agreement shall adhere to all laws, ordinances, rules and regulations applicable to this Agreement. 16. Venue. In the event of any claim or dispute arising from this Agreement, the dispute shall be resolved in a court of competent jurisdiction with venue in Palm Beach County, Florida. 17. Waiver. Failure to enforce any provision, condition, or term of this Agreement shall not be deemed a waiver of any provision, condition or term of this lease. 3 18. Entire A2I'eement. This Agreement supersedes any previous agreement and amendments, and is substituted therefore in its entirety. No other promisees) condition(s) or term(s) not set forth in this Agreement are binding on either party. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Jeff Perlman, Mayor Approved as to Form: By: City Attorney WITNESSES: CGI COMMUNICATIONS, INC. By: Print Name: Title: Print Name: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 200_, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 4 February 13, 2006 City of Delray Beach 100 N.W. 1st Ave. Delray Beach, FL 33444 To all parties concerned: After reviewing the revised agreement submitted to CGI Communications, we have one issue with the proposal. In section 13 (Termination), it states, "Either party may terminate this Agreement, with or without cause, upon 10 days written notice to other party, While both CGI and the city agree on the section of termination with cause. CGI defmes cause as failure of either party to perform any of the provisions of this Agreement or failure to make sufficient progress so as to endanger the performance of this Agreement. In order for CGI to agree completely with section 13, the term without cause must be removed. In section 5 (Business Sponsors), it states, "Business sponsors shall only be allowed on the perimeter of video panels". Now, CGI is not only partnering with the city, we are also working with your local businesses to provide them a new avenue to market and promote themselves. If either party had the right to terminate the agreement without cause, this would be detrimental for the businesses and the services that we are providing to them. CGI is aware of the cities concern about who is able to participate with the sponsorship program. CGI understands that the city has an image to up hold and CGI does not want to tarnish that in any way. Being a private sector company, CGI has the right to approve or disapprove any potential sponsors. It is the policy of CGI not to solicit or otherwise provide sponsorship opportunities to any business or organization that may be perceived as "offensive". These types of establishments include, but are not limited to adult bookstores/entertainment, pawnshops, and tattoo/piercing parlors. Additionally, the participating community may advise CGI of specific businesses to be disallowed as sponsors. The participating community must advise CGI of this information in writing PRIOR to the begirming of the sponsorship solicitation campaign. Now, ifthe community agrees to make the removal of the term "without cause, CGI will sign off on your revised proposal and begin our partnership program. If you have any questions, please, contact me anytime. Thank you, Michael McDonald Marketing Executive e.LocalLink e.LocaILink Granite Bldg, 8th Floor 130 E, Main St Rochester, NY 14604 800-398-3029 585-292-0602 fax It is the policy of e-LocalLink/CGI Communications not to solicit or othelWise provide sponsorship opportunities to any business or organization that may be perceived as "offensive". These types of establishments include, but are not limited to adult bookstores/entertainment, pawnshops, and tattoo/piercing parlors. Addi tionally, the participating community may advise e- LocalLink/CGI of specific businesses to be disallowed as sponsors. The participating community must advise e-LocalLink/CGI of this information in writing PRIOR to the beginning ofthe sponsorship solicitation campaign. Thank you, ~/~A- Prank Buono Executive Vice President "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 Dekay 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 million 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 Real 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 online 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 lmprov recommends the following subjects/topics for consideration: . Overview (interview with Mayor Jeff Perlman) . Getting Around (air and ground transportationllogistic orientation) . History and Culture (Morikami Museum and Japanese Gardens, American Orchid Society International Headquarters, Old School Square Cultural Arts Center, the Comell 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. Can 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.mydelravbeach.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 Oelray 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.aooale.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) scriptwriting 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-ta-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 Production Widescreen, High Resolution Display Utilizing Flash Technology Up to 12 minutes finished video content Each Video 1 to 4 Minutes in Duration Scriptwriting, Talent, Producer, Director, Camera, Sound, Editing, Post-audio Sweetening, Music license, & Production Insurance Airfare, Ground Trans ortation, Lod in ,& Meals 3 to 4 da Custom Viewer Window Includes "Send to Friend" button Includes Three (3) Text Links For Measurable Call to Action Links ma be chan ed once r uarter Streaming Video and Content Management Fee - up to 1,000 views/month Incremental, exceed in 1,000 video views er month Est. Price HastingsTU 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 $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 websites and search engines, such as www.video.Qooole.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.) HastlnasTU On Oelrav 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 technology 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™ 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. NMI RubIn 2A The Detroit News Sunday, August 28, 2005 Flip tour guide knows how to sell Detroit YEOnl1netourgWde!sin the Rivera Courtyard at the DlA, holding a eonveraat:lon with one of the ma,jattcaDy stoic factol)' handl from Diqo Rivera~ famous mural. Erik Haatings,smart aleck for hlre, llleaniDg apinlt thewall with his Irma folded &Ct'O$8 his pea green &Dlf shirt ''So,'' he sa,ys, "working bud, or lwd1y WorldDg?" Same I'JIlrnpaigJ'\, di1ferent video. Nowhe's at Ford Field, and the cam. e.ra tluhes on afootbaJl helmet with the logo of SUper Bowl XL. "Detroit also happens to be the proud host of Super Bowl Extra La.rge,M Hutinp says. "What? Forty? Why don't they just "'rite tbat?- This II not )'Our fat:her's trav. elogue, assuming of llOurse that yow-father had a tI'aV8Iogue. This Is fut and tlip, a sales pitcl:l for a new era. By early September, three sepa- rate me11qe8 will be screening at vlaitdetzolt.com, the Web lite otthe DetroJ.t Metro Coovent1on ~ VIs-- !toll Bureau. lbroUlh the latest flash tecbDol- DIY, IS barDesIed by a ma.rketlDg guy from PanniDgton HiJ].s aDd hie balf-brother-the-actor, Detroit will take a fresh and innovative ap- proacll to delivering an age-old 11leS8I&e to pot:enttal tourists: Come lee us. BrlQgmoney. Gluy Hendrickaon, the market- Jq ~ wu transferred here from Iowa ~ years ago by IlD incentive eom~ ODe of those outftts tbal BZ'I'aDlPlI rewuds for employees. He eouldhave cone to Chica&o instead, but he chose Detroit, on the theory that people who lived here would need btger carrots. Evmtuall)' he drifted into the tourIam bu1Deu, on the database end at tbiDp. and then into free. IalIce ~, on the acram- bUq-and-perpetuaUy-iD8ecure end of thiIlp. 'l\vo years 1180, he asked his vezy fImny IibI1ni to see If he could tb1nk of any audio punch lfne$ tor a tourism Web site in Ft01'- "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 Scrlpf.s Jrr.-..... Erik HutInp of ScrIpted Improv Media delvers his Metro Detroit travel Spots In a fUp, funny styfe. On a cempalln about next year'. Super Bowl XL. he says, "What? Forty? Why don't they just WI118 that?" Ida. "You don't need audioCUpl.. saki HlLItiDgs, wbo D'l<lIt1y makes a liv- ing seI1iDgcomedyroutiDeSto radio stations. "You need to 1bt it so when someone clicks on a picture of a family on a beach, it comes to life." Tbal was the eureka! moment for"Hastlnp on LocatI.on," the trav- el video branch of the company he calls Scripted Improv Media. Hen- drickson, 46, quickly started pitch- ing the concept to his many con- tacta at civic tourism boards. most of whom responded with bridled enthusiasm. "They kept saying. 'Sounds great. Can )'OushoW me one?''' he says. So the weekend Wore tbeAll- Star game, he, Hastinp and the smallest possible crew hit p~ as htlh u the top of the RenCen, u highbrow u the DIA and u hfIb- powered u the car collection atTbe Henry Ford. The conveoUon bureau provid- ed the basic 8Uldects - DowntowD, Sports &: Enterta.inmeDt and Cul. ture - along with some tal1dng points and some help gettin&' through various doors. It did not provide money. wbkh Is why"execu- t1veproducer Heodrickson was&ble to get by with $15.000 ona.job"bud- getedfor'S7,OOO. " Eventually, be Iafa. wium Hasti- ngs becomes the Martha Stewart of 1'wmy, interactive travel spots, they'll charge tor their service and then 11'lllkI: more money from links on the Web sites. For what it's worth at this point, their only customer ls weIl-satlsfted. From aStart:lng pointof"healthy skepticism," says convention bu- reau communications director Renee Nonforton, "I was com- pletely and pleasantly surprlsed. I was laughinc in my office. I didn't know they would be that good." The best pan about them is that they don't try to make De- troit look like Disneyland. Hasti- ngs bounces ad lib! off a rapper on the step5 of St. Andrews HaJJ and a man on a motoI'C)'tle on Monroe Street who cans himself the mayorofGreekt:own. "I'm Erik Hasting&," he says at one point, "and haDgIng out in D. troit ls wa,y more fun than 1Vbat you're doing rlgbt now." He's working bald, but it looks like he's having a great:tlme - right .here, in thehomeofSuperBowllz- tra. Large. Neal Rubin appearlSlmdDtl em Page 2A. and 1lusdav, W<<lnadcq, andPridayon the COfJt/f' qfF<<z. tures. You can rtczch him tzl(318) 222.1874, nnlbin.~or 615 w: La,faytJtte, Detroit. J4l 48226. ..~~-~- CO!':l~~~~X Ph: (S61) 496-3004 Fax: (S61) 4964767 VIDEO PRODUCTION QUOTE '1.19/06 Project: Up to 10 (1- 2 min) videos highlighting different features ofDelray Description: Video features will include Mayor Perlman greeting, business, culture, education, social and others. B-roll, voice-over, music and logos will make up the content of each video to be streamed on the mydelraybeach.com website. PRODUCTION SERVICES o Scripting for up to I 0 short videos o Shoot Coordination o (5) 8-10 hour day shoots to capture all b-roll/interviews/greeting, etc... o Lighting and Audio o Logging F ootagelPreparation for Edit o Talent Voice-Over Secured o Estimated 7 Days Editing o DVD Review copies o Beta or DV Master created with all videos o Streaming Clips Created - Windows Media Format PRODUCTION FIELD CREW An estimated 5 days will be needed to capture all the footage for up to 10 videos at an average of2 videos per day. Weather permitting. Crew will consist of: ProducerlDirector Camera Audio TecblGrip Production Coordinatorl Asst. Review & Support: City of Delray Beach will approve all scripts, voice-over talent and completed videos. They will provide any literature/support material for scripting and city logos for editing. A representative for the city will also be present during all shooting. (cont'd) 2 PRODUCTION COSTS... ... ... ... ... ... ... ... ... ... ... $22,500 Includes all the services noted above. Payment Terms: 1/3 deposit up front, 1/3 upon shoot completion, 1/3 on delivery of videos WEB STREAMING COSTS OptioD 1 CoMatrix Media encodes all videos in Windows Media, sets up server account, uploads all compressed videos, maintains account monthly. 100 MB disk space......... ......$125 quarterly. OptiOD 2 CoMatrix Media supplies encoded videos on disk and provides contact info for streaming company. City of Del ray responsible for setting up account, uploading files and maintaining. 100 MB disk space............ ...$75 quarterly. .Costs based on a 4 GB file transfer limit. This equates to about 790 times each videocan be viewed every month. If you feel each video might be viewed more than 800 times each month, then a bigger streaming plan would need to chosen. City of Del ray Beach responsible for web programming/embedding links CoMatrix Media Partners (561) 496-3004 www.comatrixmedia.com 82/12/2886 19:58 5616553288 WTLN PAGE 82 dorsia' PARTICIPATION AGREEMENT This agreement is entered on Tuesday, February 21, 2006 by and between Dorsia Corporation (Dorsia), 224 Datura Street Suite #815, West Palm Beach, FL 33401 and City of Delray Beach. I. DorsiaITravelSushi.com to provide: 1. Production of video segment(s) totaling 7-10 minutes for the TravelSushLcom site. 2. International internet distribution through TravelSushl.com and our video distribution partners. 3. Inclusion in co-op advertising, press releases, articles and otl1er material including TravelSushLcom's "Latest updated destinations" area. 4. Broadcast quality master of feature with non-exclusive dIstribution and reproduction rights. 5. Technical specifications form outlining direct linking to video from your site, downloading and other information for utilizing the video for other distribution outlets, II. City of Delray Beach to provide: 1. $14,900 due In the following increments, $9,500 due upon receipt of invoice, $5,400 due upon completion of principle photography in order to start post-production. 2. Literature and information for our scripting, layout and pre-production use including artwork (I,e. logos) requested to be Included in the segment. 3. Completed saipting and pre-production questionnaire. III. General: 1. The approval rights of the clent not withstandIng, n 18 expressly agreed and understOOd that DorsI. and TravelSushl.com maintain final edltorlaJ oontraland that the leg m.nt ia :subject to the standards and practices of the network(s) whloh may eause or require variation from the final script. tarent, and/or ffNlI edited version as $ubmitted by Oorsla. 2, In the event of default in payment pursuant to the terms hereof, City of Oefrl.Y Beach hereby agrees to pay Darsla any and all expenses of eolleclion, includIng but not limiwd to court ClOst and attorney fees. and any oth.,- CO$t and/or fees r.lative to an appeal or other appellate proceedings. This agrlement shall be governed by the laws of the State 01 Florida. Any litIgation concerning this agreement shall be brought in Palm Beach County, Florld.l. 3. ThIs egrt.ment contalrno the enUre understanding between the partie.. City of Delray Beach By: Titl e: Date: Dorsia Corporation By: TItle: Date: 224 Oatura Street. Suite 81S I West Palm Beach, Florida 33401 (561) 838.5"07 Ph. , (561) 838.5409 Fx. lover@dorsia.com [IT' DF DELIA' BEA[H ~ cm AnORNEY'S OFFICE ~ POLICE lEGAL ADVISOR , III I! _)00 xx'. ATLANTIC A VENUE. DELRA Y BEACH, FLORIDA 33444 TELEPHONE '56U2c!:\-7H2) . FACSI1\I1LE '561/243-7H15 1993 POLICE LEGAL ADVISOR MEMORANDUM From: The City Commission Mr. David Harden, City Manager Catherine M. Kozol, IlL- Police Legal Advisor " To: Date: March 6, 2006 Re: Peters v. City of Delray Beach This case arises out of an incident which occurred on August 29, 1999 at the Blue Anchor Pub in Delray Beach. The Delray Beach Police Department officers responded to a fight in progress call at the scene and made contact with the plaintiffs Jesse and John Peters who were already located outside of the bar. Noticing Jesse Peters was injured, Lt. Goss called for paramedics. Upon arrival of the paramedics, John Peters would not "stand clear" which led to his arrest. Upon seeing his father arrested, Jesse Peters approached the officers. Lt. Goss told Jesse Peters to step back; Jesse Peters did not move back. Jesse Peters was then sprayed with pepper spray to achieve compliance and arrested. The plaintiffs have agreed to settle this case for the sum of $7,500.00 each. The City Attorney's Office, Gene Montfort of Gallagher Bassett and the Police Department recommends settling this case for the total sum of $15,000.00. Our office requests that this item be placed on the March 21, 2006 City Commission agenda. Please call if you have any questions. cc: Chevelle Nubin, City Clerk Susan Ruby, City Attorney Chief L. Schroeder qG [ITY f ELRRY CITY ATTORNEY'S OFFICE 200 NW I st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE: 561/243-7090' FACSIMILE: 561/278-4755 DELRAY BEACH ~ A11.America City Writer's Direct Line: 561/243-7091 " III! DATE: MEMORANDUM March 15, 2006 1993 2001 TO: FROM: City Commission David Harden, City Manager D--;- ~ Brian Shutt, Assistant City Attorney SUBJECT: Settlement Offer in Daphne Lu Claim This claim arose from an auto accident that occurred on April 19, 2004 at the intersection of US 1 and N.E. 1st Street. A City police officer driving a police car struck Ms. Lu's car. Ms. Lu's car was totaled as a result of this accident. Ms. Lu suffered cervical injuries and was taken by ambulance from the scene. Ms. Lu has continued to have neck pain since the accident. Ms. Lu has incurred medical expenses and lost wages in the amount of $8889.00. The Plaintiffs attorney, on behalf of his client, has offered to settle this case for $20,000.00, inclusive of attorney's fees and costs. The City adjuster and the City Attorney's Office recommends acceptance of this offer subject to receipt of appropriate releases. Our office requests that this item be placed on the April 4, 2006 City Commission agenda. If you should have any questions, do not hesitate to call. cc: Chevelle Nubin, City Clerk Doug Smith, Assistant City Manager i;:-: 11-.. !"1AR 1 5 2~05 I.. g\\ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER AGENDA ITEM # cp: - REGULAR MEETING OF MARCH 21, 2006 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL SUBJECT: DATE: MARCH 20, 2006 Attached please find a revised Exhibit "A" for Agenda Item 9.1, Appointments to the Neighborhood Advisory Council, which includes an additional applicant for Zone 6. The revised Zone 6 applicants are as follows: Zone 6 Applicant Subdivision John Eaton Jr. Gerald Franciosa Linda Prior John Spaulding, II Barr Terrace Tropic Isle Lavers Tropic Isle S:\City Clerk\agenda mernos\CM Neighborhood Advisory Board 032106 MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER M AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 21. 2006 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL TO: FROM: DATE: MARCH 17, 2006 Regular member Mr. Fred Fetzer submitted his resignation from the Neighborhood Advisory Council effective March 1, 2006, due to his running for City Commission. His resignation letter is attached for your review. This creates a vacancy for a regular member from Zone 6 to serve an unexpired term ending October 31, 2008. Additionally, Ms. Marilyn Kennedy has verbally resigned from the Neighborhood Advisory Council. This creates a vacancy for an At Large Representative to serve an unexpired term ending October 31,2007. On September 9, 2003, Ordinance No. 27-03 was passed and adopted establishing the Neighborhood Advisory Council for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student members. Twelve (12) members are residents with two (2) residents selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals have submitted applications and would like to be considered for appointment: (Applicants are listed by zones; however, the applications are in alphabetical order.) (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation system, the appointments will be made by Commissioner Archer (Seat #2) for a regular member from Zone 6 to serve an unexpired term ending October 31, 2008 and Commissioner Levinson (Seat #3) for an At Large Representative to serve an unexpired term ending October 31, 2007. Recommend appointment of one (1) regular member from Zone 6 to serve an unexpired term ending October 31, 2008, and one (1) At Large Representative to serve an unexpired term ending October 31, 2007. Neighborhood Advisory Council Page 2 Applicant John Eaton Jr. Gerald Franciosa Linda Prior John Spaulding, II Mark Behar Hansford Higginbotham Francis Chassen Shirl Fields Alice Finst Matthew Hartley Lynn Klein Linda Laurence Leib Bryce Newell Mel Pollack Samuel Resnick Pamela Williams NEIGHBORHOOD ADVISORY COUNCIL "REVISED" EXHIBIT "A" Zone 6 Citizen at Large Subdivision Barr Terrace Tropic Isle Lavers Tropic Isle Lees Crossing Lake Forest South Highpoint Andover Chatalaine Southridge Lees Crossing Del-Air Golf Club N/A N/A N/A N/A MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER tJt.f\ AGENDA ITEM # ~ I - REGULAR MEETING OF MARCH 21. 2006 APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL TO: SUBJECT: DATE: MARCH 17, 2006 Regular member Mr. Fred Fetzer submitted his resignation from the Neighborhood Advisory Council effective March 1, 2006, due to his running for City Commission. His resignation letter is attached for your review. This creates a vacancy for a regular member from Zone 6 to serve an unexpired term ending October 31, 2008. Additionally, Ms. Marilyn Kennedy has verbally resigned from the Neighborhood Advisory Council. This creates a vacancy for an At Large Representative to serve an unexpired term ending October 31,2007. On September 9, 2003, Ordinance No. 27-03 was passed and adopted establishing the Neighborhood Advisory Council for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student members. Twelve (12) members are residents with two (2) residents selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals have submitted applications and would like to be considered for appointment: (Applicants are listed by zones; however, the applications are in alphabetical order.) (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation system, the appointments will be made by Commissioner Archer (Seat #2) for a regular member from Zone 6 to serve an unexpired term ending October 31, 2008 and Commissioner Levinson (Seat #3) for an At Large Representative to serve an unexpired term ending October 31, 2007. Recommend appointment of one (1) regular member from Zone 6 to serve an unexpired term ending October 31, 2008, and one (1) At Large Representative to serve an unexpired term ending October 31, 2007. Neighborhood Advisory Council Page 2 Applicant John Eaton Jr. Gerald Franciosa Linda Prior Mark Behar Hansford Higginbotham Francis Chassen Shirl Fields Alice Finst Matthew Hartley Lynn Klein Linda Laurence Leib Bryce Newell Mel Pollack Samuel Resnick Pamela Williams NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Zone 6 Subdivision Barr Terrace Tropic Isle Lavers Citizen at Large Lees Crossing Lake Forest South Highpoint Andover Chatalaine Southridge Lees Crossing Del-Air Golf Club N/A N/A N/A N/A . CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory Council - Appointment Zones - ! .~ r"-" L.. ~'r-' U i ~ ..-i ~ .._..J ~ t: i _u~ ! :z . .... IOUIIIIIRY . ... . --.....-- OTYtAITS .....___.. LAICE @ r-..-". 1 I ----.~. ..-..-...-r"-"1 I ..--_.._.._..J AnANllC UNTON @I I LOWSOH IlOlUVARO IOULEVARD r...... ~.. . ...... ~" 1 ! ~~ I - . I i ' L_J 00 L-Ie CM/AL. L.JO CANAl. IDA I' ~ ~ ~ ~ (;) '" ..... "'" -= .~ ..... "'" '"'t @--- .~ ONE MIlE GIW>H1C $CUE CITY OF DaRAYBEACH. R. I'tANNING & ZONING DEPNlTIIENT JUt. Y 2003 DRI<FJED BY, S.It ZUBEJ\; ASS.I'LWNER ..DlGlTAL._ _SmEll.. _ilEF.IIMAIS Fred B. Fetzer 932 Evergreen Drive Delray Beach, FL 33483-4803 ~~ c/. 0"l\. '44' ''/~ (} () ~ /'J- f d '<> C ~ <~~ ~ January 4, 2006 Honorable Mayor Jeff Perlman Delray Beach City Commissioners 100N.W.1 Avenue Delray Beach, FL 33444 Re: Resignation from City Boards (as required by F.S. 99.012) Honorable Mayor and Commissioners: Due to my candidacy for Seat #2 on the Delray Beach City Commission in the March 14, 2006 election, I am resigning my seats on the City of Del ray Beach Neighborhood Advisory Council (NAC) and the Board of Construction Appeals effective March 1, 2006. I sincerely appreciate the opportunity to serve on these City Boards and I look forward to serving the City of De/ray Beach in the future. Yours truly, cJ~ /3.d~ Fred B. Fetzer cc: Mr. David Harden, Delray Beach City Manager Ms. Susan A. Ruby, De/ray Beach City Attorney Ms. Chevelle Nubin, Delray Beach City Clerk Governor-State of Florida Florida Department of State 11/05 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICt NAME & ADDRESS TELEPHONE 10/31/07 Zone 1 Bernard Federgreen Home: 561-265-3339 Appt 12/14/04 1260 NW 24th Avenue Work: Delray Beach, FL 33445 Fax: 10/31/07 Zone 2 Stephen Lampe! Home: 276-9292 Unexpired Appt 06/21/05 2745 N. Clearbrook Circle Work: 832-4271 Delray Beach, FL 33445 Fax: 832-3555 10/31/07 Zone 3 Karen Lustgarten Home: 266-9084 Appt 11/04/03 1850 Homewood Blvd #408 Work: 202277-2522 Reappt 12/04/04 Delray Beach, FL 33445 Fax: 10/31/07 Zone 4 Cory (Caroline) Cassidy Home: 278-0150 Appt 11/04/03 424 Palm Trail Work: 266-6760 Reappt 12/14/04 Delray Beach, FL 33483 Fax: 265-0616 10/31/08 Zone 5 L'Tanya Allen Home: 699-1957 Appt 10/25/05 1014 Mango Drive Work: 688-4394 Delray Beach, FL 33444 Fax: 688-3559 10/31/08 Zone 6 Fred Fetzer Home: 276-6712 Appt 11/04/03 932 Evergreen Drive Work: 715-9030 Reappt 10/25/05 Delray Beach, FL 33483 Fax: 10/31/08 Zone 1 Arthur Brown Home: 496-0264 Appt Unexp 01/13/04 4255 Northwest 10th Street Work: 862-2361 Reapptll/15/05 Delray Beach, FL 33445 Fax: 10/31/08 Zone 2 Bonnie Raycroft Home: 499-6798 Appt 11/15/05 213 Sherwood Forest Drive Cell: 445-6793 Delray Beach, FL 33445 Fax: 499-6798 10/31/06 Zone 3 Susan Kay Home: 495-7848 Appt 11/04/03 2571 Hampton Circle North Work: Delray Beach, FL 33445 Fax: 10/31/06 Zone 4 Mike Cruz Home: 274-4856 Appt 11/04/03 1510 North Swinton Avenue Work: 954 427-0404 X230 Delray Beach, FL 33444 Cell: 350-7360 10/31/06 Zone 5 Gail Lee McDermott Home: 279-2551 Appt 11/04/03 721 Southeast 3rd Avenue Work: 276-8763 Delray Beach, FL 33483 Fax: 279-4331 10/31/06 Zone 6 Jeremy Office Home: 330-2713 Unexp Appt 10/05/04 2837 Cormorant Road Work: 276-1641 Delray Beach, FL 33444 Fax: 330-2317 Cell: 670-7130 10/31/07 At Large Marilyn Kennedy Home: 278-3096 Unexp Appt 03/08/05 Representative 31 NW 14th Avenue Fax: 265-3295 Delray Beach, FL 33444 10/31/08 At Large Patricia Westall Home: 243-7959 Unexp Appt 04/19/05 Representative 1102 Seaspray Avenue Work: 274-3215 Reappt 10/25/05 Delray Beach, FL 33483 Fax: 274-3201 10/31/06 At Large Charles Stravino Home: 495-5375 Appt 11/04/03 Representative 3631 Lowson Boulevard Work: 243-7412 Delray Beach, FL 33445 Fax: 243-7461 10/31/08 Home: Vacant Work: Student Cell: 10/31/08 Vacant Home: Student Work: Fax: S/City Clerk/Board O4/Neighborhood Advisory Council 03/31/05 TBU 10:28 FAX 561 243 3774 DB.RAY IfActi .~ 1993 2001 jolJU ;:ropc,4'/jO/-lj'-lf. CITY OF DELRAY BEACH;pe*:~te05,~/& BOARD MEMBER APPLICATION . E... CITY CLERK APR 0 1 2005 CIT\{ lC;::1K ~iL....:,;; i. '~ . information: , 1. 2. HQfJ1e Address#-/ J/q --"w, U6 /lJ>,. 3. Legal ResidenCe: 4. 8. 9. l t. ~ your presen~ or most te<<nt eoiplo~ and position: - - e $tA.temd1ts ate tme. and I t.gtee lUld undc:t:Stmd that an miss . 0lU . On my put of any appointnu:UtI y r. e. Note: This application will t:em:dn on file in the City Oedc's Office fot a period of 2 yeats from the date it was submitted. It will be the applicant's responsibility to ensuie th.t a cuuent application is OD file. ~11<Jt( fe-J3 .Lrn t/3b/utR. . ;;)lI-qL>b~ " ! j j", J I j .1 j i. ~ . i I I I I ! I i I f I , , , I ,I j i I OFFICIAL PBC RELEASE: MR. MARK J. BEHAR APPOINTED TO PRESIDENTIAL BUSINESS COMMISSION Washington, D.C. - Congressman Tom DeLay of Texas announced today that Mr. Mark J. Behar of Delray Beach has been selected to serve the State of Florida on the new Presidential Business Commission. The PRESIDENTIAL BUSINESS COMMISSION (PBC) is an elite group of leading business and professional people and political strategists who will be advising the Republican leadership on how to protect the President's Majority in the House in the upcoming elections. Mr. Behar was selected based on outstanding contributions as an Honorary Chairman of the Party's Business Advisory Council, a position Mr. Behar still holds. On the Presidential Business Commission, Mr. Behar is expected to playa key role in helping the Party craft their strategy in the important closing weeks of the campaign. Commenting on Mr. Behar's selection, Congressman DeLay said, "The 2002 election will be critical in determining the course of our nation, particularly in terms of tax relief and national defense. I am thrilled to have Mr. Behar's expertise and input as a resource in the final weeks." Mr. Behar will also be invited to attend high level meetings in Washington, and is expected to receive a special thank you picture of the President. #### 10 PAID FOR BY THE NATtONAL REPUBLICAN CONGRESSIONAL COMMITTEE NOT PRUIITED AT GOVERNMENT EXPENSE 12 Ilea"""""" 1eKII..... - "'.lIjl}!. IKm.. 21, 2OO' ~) ; . t' . ;.~ ~ --- .. ........................ ..... on auh, including NmMlf. ~.Delray eMch,~ MadI&.Mr ~ lD .... a,"'-' .. ~. Behw ~ -=II at hiI &lInanlI; "t their renl this Il'lonlh and neX1 monltl he wlIl give each at hill wnanta $SO In cash. , '" " ' , . Now On '17tt btlttntt7 ' Q . Go7b:~w.aMf aJeK ON: WLESrArElIUlDE AttR .A4M1i.tt;~ 1llrp qf Expoiurt /r1t fttPricr Of lJ!tt 1 10 AberlisdiJOW IW &ttItt · GlriJt.. 6ft TIlt Web ' .;01110.....",., ~~rr~,.~ .::~ BMI.fIt:~I' ,:,tV.~"~"""", ~".,:,. " .. ,." '"0. .. .., _. .. - . ForOur-8elray~:Iat1dIenI,reecIres .ATJ;.....~ " ", '~4J.I. "for ...;....IU.. ye '..au .l9WR....~-. ... ./nUIIIRIY , :, :Tenants ::giveU:cash ,and~,n:dnCtion:in rer ~HEADACHE SUFfERS" ,......-.- ", "f'rOPerUeS _ ~t8 oR '~. who Uvea OIl Swtnton MAl't~il " " "'" -AlWIUc Avea4le.... <<fveR' 001- ~ In DelrllY 8eacll. "It T ,~onIs Uft DeYer bad tbe;1day turkeyalo ,dIt'~ " ,t'lotBes In Randy," ::.Lft))UUltlon .}ur',':J.lelnc \lie ':dl!68 tamlltea daafltre IB hts1le1tar aaldtbatdolng SOI1' . ,,'~ or __ ~ or people. ,,~J ap&rUltelllol - ~,ta,,', *0& Ute tills. especially wi - ~l'Dlnc IOIIle Ute dubious .:betray ~ and &yntoo, ,",,:Ule "'rmolllll the world 1.00 Utle of IlIlRDloi'l1.~~1or ~ " Beach. TIlls ~.~, lie'>:. hRportaol for a oouple of 'Beach te&ldeftt.'Mark .Bebar.,'W8nted to do ~" ',.,.. 1'e88ODS. ..mllUaCsuch .rd_ace lsllOt 'Vr1tb tile poor eclOOdIt Jeav- :' , ,"'''I lite 111)' &eBaa&8 and I '. desire or 4ria. Ju8leadbel8<< IDaII)' abort 011 CMb. 'ftspect them: 8ebar prders to be the 1&dIord tbatlilcl-dtac Illmselr. lIIe :W-yea~ 'explatned. "Basically wIdIOI CIWl8 alldpmablnut. "' """c:'~ bualoeaeman deddedfo ",' ,.*~.IIIaYe DO IIwJl hUIIe 1l88L RMsraI ~,~~ .l1AUeeonJ ate)'ear. " ~~. Md wfUl ew:ryt.blng t ,)eMr. ~,~~r8ead1,<~ot::.r~~~+~hM'aIIeone Uuvup 81 and IIeXt IIlOIItb be MU 8ive condnue to go tbl'Ollch tn &t each of bl8 IeBanI8 $50 In , 'MlrId. we aU need to come " " ',' ,j.'jeasb.~ &he n~ ' t.ecetber and do our own sp may not eeem etaggertng _ a CUll part to relieve eome of I.ot8I of 52.100 OOmJOI from 1Itre88 aad pain tbat many 0 8ehar's pocket - for 8renda 08 are going thl'OU8h this h< ~ea.a tenant 0( 8ebar's for ,lIay season, Ukee'J18ars. &be IMJdIUoftal -. bope and cbalIenge otl:u '.onty 11M al~ her to rental property owners and .pend a tluJe extra on her ~o oUter busfne88 owners In g< "dlifdi'eft'll~~llnC8'~.1riI totoUowfDf lead-lJydo 'als )UI'. . . illtctr pm for ~.. lie ,',::tIeJa'\laCJ~.':Mad .~. . "~ Lport R.MlI Why ~'o..'t Make', La- ~~CHES Go Aw.yI . .' ~ ~ IilIIaay Dn& Ce..,.ma Dea't , . ^ " W...t mu To lC..,,! 'J .', " "';; ;.' Boca Raton - ^ -lJ reIcuc.l frtt report -'s what 1eading1lldoil ~has 'prvwn llIt.be die most i/frctiw ttcatrIleBt or hcalachcs...EVERJ To ~ the trum .boutwbat rcaIIy aIUCS most headat:hC5 Aftd'.,. aspirin aad othet ~ Ca4t hdp ,DcL CAlI...... l:aa.u2-I115.iiac1listeD' ~ dlit 24, . ~ ~to.oft6u)'UUT CIIJ2r of~is .--"'.....;..! Rae &qlOrt. . " ~ . Boynton Beach City Commission Project Updates Below are notes from the Aug. 20 meeting of the Boynton Beach City Commission: · Bethesda Memorial Hospital's Physician Pari<ing Lot: Following a lengthy discussion between parties. a land use amendment and two requests for rezoning land parcels were approved by the Commission; · Demolition of the Mangrove Pari< High School Building was discussed and it was decided to ask the CRA to solve the dilemma. This item will appear on the CRA meeting agenda in the near future; . Phase II of the downtown Marina Village Project including Rezoning and site plan approval was passed by the Commission: . Issue of lJW8rding the bid for intracoastal pari< Improvements was tabled; · City Commission &ranted economic incentives to Bob KlItz for two projects: Shl~k Restaurant - $30,344.72 and Booker 1's Restaurant - $8.669.75: . Awarded a $48,000 engineering contract to Hazen & Sawyer to study the opportunities for obtaining grant funding for expansion of the wastewater re-use system; · Authorized purchase of seven parcels of land for the Northeast 7th to 10th stormwater improvement project: . Approved the spending of $1.512.50 in City funds in support of the Sister Cities International program; · Adopted on second reading the modification to the water rates to encourage conservation, Stonnw.t8r Improvements Ptofec;t Upd.te: . Costa Bella stormwater - complete ($344,595); . Industrial Avenue/Lake Boynton Estates stormwater - under construction ($3,OOB.390); . Sand Castle water improvements _ Construction begins Sept. 3; . Seacrest Estates water and stormwater improvements - construction is 85 percent complete: . Northeast 12th Avenue stormwater drainage and seawall- complete: . Northeast 7th to 10th storm water improvements - drawings 90 percent complete; attempting to obtain remaining eight parcels, 8 AOYERllSlNG SUPPlfMENT TO THE PAlM 8EACH POST THURSDAY. SEPlIM8ER 12. 2002 Boynton Beach Businessma~ Starts Mentoring Program Behar Beach Properties & Investments owner Mark Behar, enjoys being a mentor to people in the community who seek to get into the investment and rental properties field, and learn to manage daily duties of running their own business as a smaD.business owner. On their own time and at their own expense they follow their mentor 011 a daily basis until his day is finished five to seven days a week. They do aD the computer work, phone calls, faxing, banking, bookkeeping, accounts receivable and payable, trips to Home Depot, Office Depot, the post office, etc., as well as aD legal aspects, including filing all necessary documents and papers for legal matters at the Pahn Beach County Courthouses in Delray Beach and West Palm Beach, and of course anything else that might happen. arise. and/or breakdown throughout the day. "It's the real world, reality, hands-on, one-on-one basic training", said Behar. Behar wants to teach the next generation of entrepreneurs the "the school of hard knocks" wa: starting and running their own business. "Even if they don't want or like the Property G; the skills and attitude that I can teach them regarc' running a business can benefit them in most any business they choose for themselves," he said. "It the meat and potatoes of owning your own smaD business, I want to teach and train individuals whc have been told by others that they couldn't do something and/or can't succeed. I tell them 'Hey. prove them wrong.'" Mark considers himself a self-made businessII' who sincerely wants to help others succeed in the estate investment business. For more infonnation. Mark Behar at (561) 737-9605, or (561) 279-2335. Lobby VolunteeJ Needed The Greater Boyn' Beach Chamber of Commerce is recruitir volunteers from the community to assist ir day-to-day operations. the Chamber's Visitor Infonnation Center. The Visitor's Infonnation Center is open from 9 a.m. to 3 I Monday through Frid; and caters to visitors. residents and busines' loo.king for infonnatio' the Boynton Beach community and surrounding area attractions. Volunteers have th choice of working tim, mornings. afternoons. day or more. Primary responsibilities are c1e in nature with heavy customer interaction c the telephones and in person. A good know!, of the Boynton Beach community is helpful; a pleasant. and a courteous phone man! is a must. For more infonnaf call Enid or Connie at Chamber at (561) n?.QSOl CI) "CI ~ ca 3!: ca - ca = . c: .s .~ .~ fn.c~ fn Ci'i c. = ~ ~ ~ -0 Ci'i = ~ 5 I: 51a = ~::;; e" 15.;; .. E ..- c: ~~ :10 =.2 = = ~ CL = @ = .: _ -i ~ ca ~ ;;: e" ~ :;: = ~ _ c: a. o CD a. >- I. o c I. o o I. .. >< ') - c. CD o o "" ..;:::. Ci'i c: o ~ CD a. .e .s~.f~ ~ ~ "C Q) Q) c: OZ<(~-S~ c U) cn_ .~.s~{ge-g ~o'(j).~(,,)ca ~~~~~~ ~E~1{JTJ'~ u)CD.f5~~.E ~.;!~~~ ~:;;-:R~.u;o ~ii5~.I~! Ei!5.5=i=s U) U c.. 't; -~~cacu.s~ =-L:5Ecno .E~'~~~~ EO)~.5oQJ 8~c:-g>~8~ o U) ~ .J:: tij(l)U~ a 5Eco.."u.s::::. "en c.. 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C C BGJ~~~~ .r;>< _ ~g<O~~Q '5m-a.o..r;~ <D"'0~2a. (ja~Sl.8~ . ...., .c .... Cl> CD ~c~~OS ~~a€fj~ <Dm,f'J;;.Q>- OO'5~en:i= oEO=i),lg aO~~C:1J ~r;~5~6 ""<cootj ,g~~O~~ ~1i~~~Q) dSl(!j::E<D,g .s ,. c c t5 ,Q "500U~ ~'5-g ~i2~ '6~(9~mo O0l5~E 5~ ~Oo~"'a Clim.xc"I:: :!~5Q~~B ~a.""E>< ".... ~2~8-cf,g "(!).co8.c~ !5g~8.~Q; ,!!4@02o:>4: :aiIiOo~uo :s .. ~ .Q c 6 ~ ~g>~~~05 ~~w"~~Q) ,<:,".Q,,",~L: 0.--08-= ;S=g~~.r;.Q ::~o~~M.c OCX"iig~g !~~~:g~,lg :I"" "# '" . >- -<D,g)I!'>-e2 .!!a.o6t:~4i t:~(J;<~~0 ~ >- 2 Q; o :>< J;; ~ National Republican Con~ressional Committee BUSINESS ADVISORY COUNCIL From the Office of the Chairman CONGRESSMAN TOM REYNOLDS FOR IMMEDIATE RELEASE: This official "Press Release" is to announce that Mark J. Behar, a Local Resident and Businessman from Delray Beach, Florida will be meeting and speaking with several Members Of Congress up on Capital Hill this week to talk about the tax related issues, concerns, and problems facing local level "Small Business Owners" from Florida. Mark will be meeting and speaking with Local Congressman Mark Foley (R-16.th) as well on *March 19.th, regarding his views and opinions on how He and Congress can help our Local Small Business Owners grow, when he's up on The Hill. The National Republican Conl!:ressional Committee's - Business Advisory Council has also scheduled a special awards presentation and ceremony on *March 18 in Washinlrton. DC to present Mr. Behar with the "2003 Businessman Of The Year Award". as a Delel!:ate from Florida. Several Members of Congress like House Majority Leader, Tom DeLay, and NRCC Chairman, Tom Reynolds as well as other VIP notables will be in attendance to personally present him with his award at an Award Luncheon. It will be a major event in Washington. Mr. Behar has also been invited and will be attending the "Conl!:ressional Tax Summit" rel!:ardinl!: the President's Economic Stimulus Plan. , Commenting on Mr. Behar's Award, Congressman Reynolds (R-NY) said, "On behalf of all of my colleagues in the U.S. Congress up on Capital Hill and the National Republican Congressional Committee, I want to extend my personal THANK YOU to Mr. Behar, for all of his accomplishments and his efforts over the past year as a role model for and as a Mentor to our new generation of Independent Small Business Owners, and to say that this selection now places him among the elite Young American Businessman who are the future of our nations economic growth". IJ/-/""U'/ 11../:1//;/. .. . ..,...... Press Release FOR IMMF,DIAT'R RJi:J.J:ASF. MR l\1ARK J. BEHAR APPOINTED TO CONGRESSIONAL BUSINESS COMl\tIISSION \Vashington D.C. - Congressman Jim Ryun of Kansas announced today that Mr Mark 1. Behar of Delray Beach. Florida has been selected to serve au the new Congressional Business Commission. The CO:SGRESSIONAL BUSI~ESS COM.l'\nSSION (CBC) is an elite group ofleading business people and political stIategists who will be advising the Republican Leadership on h.aYl to protect the Republican Majority in the House in the Fall Elections. Mr Behar was selected based on outstanding contributions as an Honorary Chainnan of the Party's Business Advisory Council. On the CBC, Mr Behar is expected to playa key role in helping the Party craft their campaign strategy for the 2002 elections. The eBe is committed to supporting and recruiting fiscally conservative candidates who are committed to tax reduction and relief. Commenting 011 Mr Behar's selection, Congressman Ryun said, "The 2002 election will be critical in determining the course of our nation. I am thrilled to have Mr Behar's expertise and input as a resource as we head toward November." Mr Behar "ill also be listed on the Congressional Business Honor Roll, which will be displayed in the Republican Headquarters Building in Washington. ######## " ,I "',,.."',&.""..,- -...-- BuSINESS AIlVISORY CouNCIL An Exclusive Chairman7s Nominatio~ For: Mark J. Behar As an Honormy Chairman nom Florida you have been selected for inclusion in the Business Advisory Council's 2003 REPUBliCAN CHA1RMA~jlS HONOR ROLL We'd like to add your name to this Who's Who of American Business as a service and thankyou for playing an instrumental role in keeping the White House md Congress in RepubJican hands and helping us pass OUf mSTORIC 2003 TAX CUTS. Your name will be permanently on display at the Dwight D. Eisenhower Repoblicau Headquarten building here in Washington-aIongwith historical photos of President Bush and other top RepaIb/icans. In addition, as a member of the Chairman's Honor Roll-you qualify to receive OUT prestigious 2003 REPUBLICAN GOLD MEDAL. Medal recipients will be recognized and presented at a special ceremony in the Fall. The Republican Gold Medal is our highest honor feCognizing the contribution of OUT nation's TOP Business Leaders. It's really quite an exclusive presentation and valuable publicity for your business. Look forward to hearing from you. #MA: ~;114 f<&.A/oU)s :Z:'..,E. ALSo ~Ls~~ Fotl "mt A CD"~D~AT1IJE. eEPUcA. ot=' ",E. I'E..., ~t.s'pU/r Bv.sN ..,s~p n; S/~ .",t. H,STQ~/CAl.. Z003 ~ & I~ L.AI.r. :Z:r wtLL U. s€A/r To roll IN AAI' ,,,I'~LsSIVE. NoLDI...,6- ~ Foe I'eoTE.a'1DP AAl'P PISI't..AJ'. ::t::;rs A tH!E.Ar CDu.LcTb~'s /TE.",. Paid foe by t.he Nat.ional. Repub1icaR Congressional eo-it;tee and ROt. authorized by any candidate or candidat.e's committee. __nrcc.orq Not priatc.i at ~apma. '~u u'r tl"f4LUKl U A itate panel hears public co~ents on condo boards Y JOE KOU.IN ~'FFW'RITER, . ViE ., From the condo- unium board that forced a 7~year-old woman out of the partment she owned because he owed the aSsociation 4 " entsto those thatspendown- rs' money with impunity. a tate task force heard hun- !reds of reasons Tuesday why tate condo laws nee4 to be I"e-' nitten. ' Although the noisiest in the Ludience of about400were de- Ilanding the House Select :Ommittee.on Condominium iovemance change the laws, be public hearing at Bailey IaIl at the Broward Communi- yCollege.Campus'in'Davie,,' ilsO indudedveterancondo die- ectors who argued they aren't leeded. What is needed, they nSist, is condoownersWUling o serve~as c:!lr~cto~ andf!top :oinplairiingabOirt everything beirboardsdo.>" " ComDiitteeCbai.b:tl:~Julio " lobaina. ;R-Mi~~$:lUd the' light members WiUpl,oot else- mere inth~ state;bicluding , mdQ.Ja~~n.:vil1e and Na- ,.$, reV'iev.\(co'mtnentsfroIp. 9Jldo residents With state law- 'ers, and decide' what should Ie' changed.Itwill,report to louse SjYealt~r Jo.hm1ie Byrd. ID.d recommendations will go o the' full'li~us~' early 'next rear. " . House committeetnemben;. ' vbo metforthefirsttimein Mh tinilastiIlO,'nth. said they have JeeR h~'~otJll.ng but "hor- 'Or.storie$~ ab9'u:tC9ndomini., 1DlS. Mei.J:1bersptomised ac- ion.' ,::',' "." , '"We'U)makeswe,tl1e(con- ' 10] own~-~~e!9~~teon heir side:iUidnothaye to seek heir,oWfii~gai cotthsel. "said' kp. Juan Zapata, R-Miami. Condo residents asked the :oinmittee to outlaw condo as- " , . AG~E:Keith Taylor, from left, and Karen AUgustuSi both of Pembroke Islesi and Philip Castronova and Jeah~nters of Boca Raton attend the hearing on Tuesday. Photo/Ginny Dixon . sessments based on the size of the' 'aPwtment rather than" equal cost for each owner; , , askedforalawto make com- ,,', munity asso~iation managers~ " more acc,ountable to owners; , and asked to give the state Bu- ,reau of Condominiums more authority to resolve disputes withoutm~ all owners in an 8$Soci~tion pay for the mis- take$ofthefr directors. , .. , , J~Kolliricpn ~ reached at jkoUin@SUii..Sentinelcomor 954-38$o;'l913~ ' " Th" 0' .":". al ':,',e ngm , " " " 'Liq..idS,idirig™ 'Liquid Stuc~oTM ,UquidSiding'" is a revolu1iOlllll)' altc:ma,.paint. Liquid Siding'" wOD't mold ocperce:Qt~~I1~, live to painting or Ymyl1iidiJ!g. ThU: !pO- Diilcfew. fade, split, cock, bUster or c:hip. Liqu.id s~~:.coii1es in ~ of ' ~~=::f=m:~~~~~ ::=~~re:::spaco-:~~;~~~~~~~~; . ~; which dry to the fbk:kness of a 'tecIIUolOgy. Liquid Siding'" was ori -_ paint aDd woib like maglj:.1bose 'who,~ credit card~ provide, .n,;..SllClbte atelgy '~~opcd as an ClIlerlor ~ : ~ lhis actkJe will ~vc a,lS% " ,sa~ Todar. ~ ofl!omcs have, coaslal iig/rthouses. As a resu1tofthe, cliscounL ' ' ." ' , been JQ:\PCOyed with this pl'Oduct. Unlike ........~.. ' . ..._La..... the " . " ,-,,' " , ..._5.supenor .........0:-.;0.. . warranty 'Call..for _ $~~~..",.~~$...... ','~thc~fouixgeDellllolsto " (954}c973L8181 mainlahi,a "'_..tw.c or6S degrees prior. _ Is ped8Ct for WllOIt dapboaid. to inslallation or the product and only two www.procraftcoll/Ulgs.com ~ stua:o. masonry. lJridr. block and geaemtms atbward. The product is Ucense F03000Q007.co =-:, ~tJame. . ~lled by JocalconlractolS with a 100- Class A ;a- ~71iM #~aM'+~~' ~U#~ Mr. MclkJ.1ehar ' #17001.0ceanIlvd.ftl' , - '. " ~ #<JJ .....=:=n~~~5~~~ ~~ - {1,vj;>o VW~ NW.HOME1'OWN.AOLCOMIMmPROPERnES - - . 1/ LJiJ MARK8EHAR@HOTMALCOM /~ ''-, ....J ,';5~, "'",,111" ~:I , I." . 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'm;- ~ !O.., cu 'Q !r~5JL ,,'.,!:Q' , ..,tta.d~:g~ rIJ:~~, CUQ.;j:,_ ,l:.'.:cJ' .., >~~ oS ~ . ,dI&E"a~~-faP~.g:'~,~~ :~Eq~,~ ,:8 as a ~ '::S 1lt ,~~ ~ IS ~ ~ Q):U :E,.rIJ, .~-2 - ~-:a: i~;;!~~~.,1~~t:a:j", ~1~~] ~ ~ ~~ 0 'Ji4 CI) ~ ~ ~ &! ~ .(ti & $c 0 :* ~,g. 0 0: li.i p. s:: w rJ:I ,:..,.::.",~ :..:fj~i;"i:"::<:':'" ' \~c~,:c',i"'- .~i.:t~im~.. :. j~; :I! 'I , ~11'~c'" " ;';fl,j' <,",E]~ !1:, :,.tfa: ~'Ejt:;.~ , ~ : u' ii:.Q ,~,'t;j, " , :'''} '~,~<,"~~:CI) ~";'" -"< "$3 5'~a:,:t:: ,'. ';it~~~ii'; ..... , <" '\r~"r~~ i:$ '; ':8 ' , ,f;~ CD ~ ",' ~'a !:I,.c:e . ,'.., ., , i""'\.'II' ~ ~ .~.~ f-4cd ,: ,~."-', 3- 8.s ~f ~',',' '-.., / / j \ i // Please 1. Last Name: ef! ,If-s..S~ 2., Home Ad 1~o.-DtJ tJ 4- ~ '3. Legal ResisJofnce: c;2/TtVlt .4. Principal. Business Address: 17)06 ..' !V/t;APD/nJ- CITY OF DELRAYBEACH ;ZtJA-Je-j BOARD MEMBER APPLICATIO~ECFfVED FEB 0 7 2006 CITY CLERK MI. Name Fl?frtJce s Cm Gff City Sjel State DB.RAY B'EACH ......OA ***** AD-AnIericaCity , '" J! , 1993 2001 City State Zit? Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: /3otdf ~F rJg 8. . g or: have previously serve?: (Please include dates) D eO t?f N C!../ t- ' 9. EdUCltional qualifiCltions: ~LL.eGtr . h you hold: ~'5b 11. Give your present, or most recent eniployer, and position: . 12 Describe experiences, skills or knowledge 'which qualify you to serve on this hoard: (please attach a brief resume) t;fl: T E"S 40 AR b fYl ~m.8 e-R. Jr -.e- I hereby certify that all the above statements are tme, an agree and understand that any misstatement of mateffitl facts contained in,' this applica~on ma"Y Cluse forfeiture upon my P:u:t of any apPoin~tment ' y r: Ce1V,', e. (~L~, . '~b SIGNAlURE ' , D.A: Note: This application will remain on file in the.City Clerk's Office for a period of 2 yea.rs from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYa..BRK.\IlOAJlIl\AfPUCATION Mar 09 2006 10:16 HP LASERJET 3330 p~~8~AP"! ~,,""'" - ....... 'fffr 1993 ' . 2()01 ! p. 1 '. - . ,::';;~/CrJA~i~c::. , ' . ," , ,,:'.;LO:':'r~;;:~e (f), " Bo~~i;I~&I,~i\;1.~~,!rI,lw~o~l9v12...0~o'.g6 '? -.-.-...-':.'.:",,'. ..... ."'1~R - .. i"'~J!i~6LERK ',.~'.\~) s,.,', ute", ",':,:c ~~ -C, ode i;i~':,h:xiti::. .', : ,StAte;.. Zip Code. CITICLEtu{ 03/0V06 THl' 10:18 FAX S6124J3774 1. 2 3. ,4. s. 8. llit ill City Bquds on 'Which you ue CUttendy se:rrisg O[ have pt/:riously set\"cd: (J?t~e lhdtidc dat~).'. , !. ' N e:.. . . ' ,: ' ,', ' ' . .' ::,,:,.:'. '.:> ' . 9: . . . ." . :".' ;. ....: .~. '" ".. ", '.. ......' .~ ' ..-' . . I bcccbyicrtify th...t, all the ~~OV~ 6t3i:t.rn40. is ue 'tI:U,~' Ahdl ~e an~,l:lh~b,J;ld tllt.tat!1. O\its~tegi efit ~f .rt\st~ Ea.r;u - --.- "-. -..-:_-~.' ." _'..- .. '.'t_.~_ _,_...:....~_'_..:....__..-..., ;-......;. . ". ,::.;.X_~ .LVI ..L~.J/ V~ VJ;;J. ..7 I cnA ~ VV~ V~O ~~U~ c&i~WSS~tV~oJ. . (O!/3!U; : ':;zt)re 3 ~ CITY OF DELRAY BEACH REC'EIVED BOARD MEMBER ~PLICATION OCT 1 3 2005 CITY CLERK aLL .L1'I." u' r .LJ:.J...U.:> 10/13/05 ~T 1Q:50 FAX Sel!43311~ ......v EAot ~ . 'Ilri! 1~ er'IY CtERX 1ISlc:uc ~ DDt: the ,. ~~.F/$Lb 2. HClDleAMr--.- ~ _ ' .1,1 /_ 2' "S.6 .HH~.P;Jr"'~ <-/~.c-r r~T 3. .I..cpl~ _ ~~ AS n~"'~ 4.. ~.B.......-'" ~A~.: iniODD:ll.ci.oo;; N-une Z~L- Uty~L..RAy~ City StaR:: ..FL. S.J:::iUZ:: ~ ~~ Cily Saa.o: ~ Ccdo 5. HCXDC Phone 5~~38-/Z0/ 6. Are ya1 a. x:q;.slr::ted '9OtJCE? "Btmin~ Phon<<=: ~ ~ 7. \1l7hac8aa.rd(.) aft::}'CU ia.~rcd iD. ~ PIcaze mt:i.c. am.:r of p-f'-___ ~~C/'~ It- Gift ~ or: J:D.OIlJt. ~t .-m.....lo C%, andpo.si.rinrr '"8. 4!fJ -r ~.::-_ ~L.V'~ ,..~ .~~ ~..4A"~~~^,C . 12. DeIIc:cibe ~oes. akilli or m 'OlI'biCh ~ you tD 1Ilec'V~ 00. this ~ (Please , ~ Pe.L.tl$~c-- ~S ..,. _?.#~ ~~ P~.FGSS#""~ ~5r ~US-G~ ~ "A C-~~r--"'IM~~ ~~~-s- .A/'~~~~ I ~ <ZIrify-1ha.t dlhe..hao:te $""~n. "U4 tra~ uwi r ~ at\d ~G.O.d dJat. -uxy J::ai:!.~en(; oftnJW:l:ial &.a::a - io ~ 'PP . - -.T~ ~..,..... my ,.... of..." "l'P"'n......n....y _"''/ _ / - , /.o~3 L2~' GNA.'t'URB - . DA."m / / NOCI!!: 'I1Us app........ttna. ,nu ~""i~ on .file in the' City CJcd.:"s 0fIi0e foE: 1L period of 2 ~ &aa:a. cL.e d:a~ ir 'W8ll .....badacd.lt:willbe 1hc applic:u1i's u:sponsibiti:ty to eosui-e-thu: 2- ~ app.ti.c::ation ill 00. fik,.. . ~ ......,.....AIIIiI oLm 1/30/{)/g . ~ -.' -'.i:j __,n'. - ..d r k~~ . ~ ; ..... ill n'l :lJnReel l.lideos FH:~: HO. :5614983373 elTY cLERK Oct. 14 2005 138: 24A[.j Pi . /0;'/i/01.. . - (Je CUfJlt"" - ,;/!- lO/13ins .TaU 09:0~ fA! ~6124~377~ , CITY O~ DELRAY BEACH BOARD MaMBI!RAPPLICAnoNZ,/)..e I C1a.j~/Q/(\e.. .' ~ ~- \ \ ,"-e... '.... . 5. !WUil IS: <AU PbaDe . a: j..C\~.~:4@o*.t\ ~. 4"3-o~""~ 6. JOu · ~,.~ ) e s> If 10. ~ ~ JOG-.~~ ~ '(C,em...c..~ , 7. WMt!loW{t) ~J01l'~[ed'iA~ Pkue ~m otdtf of ~~ 'N'~ ,,",,~'\.-.oc~ ~";'~~~~~"i"-',,,/, JOQ'" canant, ~ or line jlRu.w,MnIII!: (Pbse ~c dnr;,) qqati&::aioos: -~ or~ ~ ,-....;lL . JOU'lD I8"l! aD dD " ...., _ -.... ... CI1lIIl, 9U'" , ..., otmllCtbl .{._.I-4~ bllhl. .,1"'''1'i-.. ..,--. ~~ ~ ft1J pIft olllllf w': ...,,1Iil'I11D1! ~ Q.. l .. ~_~ ~ .;j~~ ' '::16:[ J,'~:toi!;.- . &1CNA.:~ -F. .' . DAm- .] .'. -. t Noa:: 'l'hlu:fPUadOa ft:mabi0116' OtyOcrlr', .period ~ ~~it~ , .~ Itd br: ~ ~(.~dhBr.-yt'a ~ _..C;\IIR:I3t~.;'1:.t~ \VE 0 ~tn /31)/0 ~ OC1 , b 200S 0\1'( CLE.RK Resume' Alice Finst 707Place Tavant Delray Beac~ 33445 Application for Neighborhood AdVisory Council #12 Describe experiences skills or knowledge which qualify you to serve on this board Listed below are some of my civic experiences since moving to Delray Beach in 1971. Please note that dates are approximate and may extend several years. Memberships Homeowners' League of Chatelaine 1970's to present Chairman Architectural Control Committee, Editor, "The Chatterlines" Member Board of Directors, City Commission observer for Homeowners League Progressive Residents of Delray Beach Board of Directors, SPRAB monitor Delray Beach President Council, Pride in Neighborhood Committee Mounts Botanical Garden League of Women Voters of South Palm Beach County since 1975, Delray Beach Good Government Committee ) Lobbying Activities Acquisition of land for Barwick Park, (also served on play ground committee). Land acquisition for Fire Station at Barwick and Lake Ida Roads Sidewalks on Barwick Road Fencing at Veterans' Park Playground Bright Park Service on City Boards and City Related Committees Pineapple Grove Pre Main Street 1993-1995 Beautification Committee Community Appearance Board 1985 Historic Preservation Board 1987 Education Board 1990 NorthWest/SouthWest Neighborhood 2002- Sidewalk/Beautification Committee Cultural Loop Walking Committee visited 80 sites .June 2003/ History Committee School Advisory Committees A.D. Henderson 1986-1996 S.D. Spady 1978-80, 1999-present Atlantic High School 1987-present Other City Commission Watcher since 1979 Oft..AAY IlI:AOi ~ 'firr 1993 201J1 AU9. 04 200~7~!~Y qf '1n/'f' ~I <::.-.Jf): CITY OF DELRAY BEACH gE.CE.\\}EO /ONb (p BOARD MEMBER APPLICATION b it\\\'i ~\JG - "', \1'( C\..~~ C ' FH:><: t 10. : 5612660746 u n: C LE}{1\' <'(1(.\ : CER-SAt I V~ / ll'i" IJ:) 111'., I.}: ;j;j ~i\.J :;'Ill ~433't'l4 iJ EVE {'T 3. ~ Residc.c.ce; S ~ 4. P.cincipal.Businc.:ss Address: City Ci1y city State ZIp Co&. I. j- ~QlUe Phone: , ~ bl ~tb 0607' 6. .ALe you lI. ~to:.ted VOI::eci' 'Ruoiuess 'Phone: 7. lXIhat BOu:d(ll) 4UC you interes( in scniog? Plosc list in o~e.r <)~ pcd'er~ce: "" (r1Vt/ C Vlr7rn; cJ . 8. lis;: all City Boards <:10 wb.kh you Ue euttcudy s~g Of hs.v~ pcc..jQusIy 3CCV'ed; ~ .iodw:k <h~) ;/0 W \ EdUC3.~ '1~.::alions; t3 10. J.]rt any .Idated profl!!llslowU ce.ttifica.ci.oos anc;i li<<:CIl5ClS -which you hold: u::- G.i:\?e youe ptesent, Or m.O$t recent eaiployer. and posicion: 12. D~ctibe aper:le:lCe$. skills or kno~edgc whi& qualifY' you to save 01.1 this ho.u:d: (Ple:uc :un.ch 11. bcid'l'c::!lIUIlC) J:Oof . appl1:acioo. will r~ 00. file in tb.e Ciq a~s Office. for;t peaod oi 2 years from the ~tc it ~ bmilll:ed.. l( will be the applicant\,; respo.osibility to cUsuic' d)~t a. cw:rent :.pplkation is on file. . ~a..JlaJl::Ibg~t'tUC<>.:I!<>H m~ 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATIO~~ }21o;!(A9~ 2ff~rCLER\<. , :z~~ MI.W Zip Code -7'~ Zip Code j!7;0r? RECE\\fED OH.RAY B'EACH . .. 0 .. . . A' ***** 3. Leg.tl Residence: 1. Name 2. 4. Principal Business Address: City State ~ Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: , ~(PI-J,.Ji3-'iP08 6. he you a registered voter? If so, where are you registered? fcJ~ 7. What Board(s) are yo';1 interes ed in serving? Please list in ordef o! prefere~ce: I ,.' I. bov"",+Ow~ beveA'fP'e/'l..J Auh ).) 5,& terCd-,e5 Co~, #'t"~ j) Coole.. 8. list all City Boards on which you are currendy serving or have previously served: (please include dates) 9. v;.~ reJu>-e..- 11. Give yow; present, or most recent employer, and position.: gO~1 Consre5J A-v-(f Boo-- ~~-11 Pt-- .?)Lji-) '12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach abnef resume) see.. <::.. it~C,..( rc--.h/i>e.. _ __ :J:("\ <jel1e...f'c:A. \ L "'-~ fA.. ro h:..fJ,g~ ( , ('es\'dv,,j ,;.. 'OeJ~ P>~4./t.. c.rJ t..JCA./IJ t/L f,., -e,! l/}c/rll~A LJ .j4 I hereby certify that all the above statements are troe, and I agree and understand that any misstatement of material facts c. ( . contain . this p'licationm ca orfeiture upon my part of any appointment I may receive.' ;t . . . DAV-11 /HJ()~ 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 ensuiethat a current application is on file. ..t/Y} l/sd I~f( S\CfIYa.BRK\BOARD\APPUCAnON Matthew W. Hartley 2522 Ella Street. Delray Beach, FL 33444 Home: (561) 243-4808. Cell: (603) 674-3067 m_wade_hartley@hotmail.com QUALIFICATIONS PROFILE Information Technology Specialist with a diverse background in customer interfacing, technical writing, project management, and software engineering (specifically in speech and web technologies). Exceptional interpersonal communication, leadership, analytical, and organizational skills. CONSULTING ENGAGEMENTS Genesys Labs, San Jose, CA. (Noy 2004) Enabled Genesys Labs system test group with installing, configuring and troubleshooting WebSphere Voice Server S.1.x. Cisco Systems, Boxborough, MA. (Feb 2005) Presented WebSphere Voice Server 5.1.x product and enabled Cisco Systems system test group with installing, configuring and troubleshooting WebSphere Voice Server S.l.x. Bank of China, Beijing, China (Feb 2005) Presented WebSphere Voice Server 5.1.x product to senior technical staff at Bank of China. Call Design Ply ltd, Sydney, Australia (March 2005) Presented WebSphere Voice Server 5.l.x product, enabled for installing, configuring, and troubleshooting WebSphere Voice Server 5.l.x, and helped develop a voice application for a Call Center conference in Sydney, Australia that used WebSphere Voice Server 5.l.x. Holly, Sydney, Australia (March 2005) Presented WebSphere Voice Server 5.l.x product to senior technical staff at Holly. Genesys Labs, Sydney, Australia (March 2005) Installed WebSphere Voice Server 5.l.x for their use in product demos. Gold Systems Inc., Boulder, CO (April 2005) Presented WebSphere Voice Server 5.1.x product and enabled Gold Systems technical staff with installing, configuring and troubleshooting WebSphere Voice Server 5.1.x. AAA Auto Club of Southern California, Costa Mesa, CA (June 2005) Installed WebSphere Voice Server 5.l.x product at customer site for production deployment of customer IVR AAA Auto Club of Southern California, Irving, TX (NoY 2005) Provided on-site customer support for the WebSphere Voice Server 5.1.x. PROFESSIONAL EXPERIENCE May 2002 - present, International Business Machines Corp., Boca Raton, FL STAFF SOFTWARE ENGINEER Projects and Highlights: Co-designed and co-developed the IBM WVS (WebSphere Voice Server) 5.1.x MRCP Server . Designed and developed components of the WVS 5.1.x MRCP Server, specifically the functions that dealt with RTSP and DTMF processing. . Worked with BP (Business Partners) IVR (Interactive Voice Response) systems (i.e. Cisco 5400/5300 gateways, Genesys Voice Platform). Set up development lab with respective BP IVR solutions for interoperability testing. Helped to drive defect resolution with BP IVR's on issues found during interoperability testing. . Presented WVS 5.1.x solution to numerous executives at IBM and at IBM sponsored sales/technical conferences. Co-designed and co-developed a VoiceXML 2.0 compliant web browser . Designed and developed the part of the VoiceXML 2.0 compliant web browser that managed the fetching of resources and implemented VoiceXML caching policy. . Presented VoiceXML 2.0 compliant web browser to worldwide Business Partners and IBM colleagues. Matthew ~ Hartley cant... November 1999 - May 2002, International Business Machines Corp., Boca Raton, FL, SOFTWARE ENGINEER Projects and Highlights: Co-designed and co-developed a set of voice application development tools used to create VoiceXML applications. . Team Lead for the design and development of IBM's Reusable Dialog Components 1.0 release. Managed the entire design and development cycle, wrote a detailed design specification, and performed project management duties which included (but is not limited to) identifying project tasks (and milestones) and assigning resources to those tasks. . Designed and developed a graphical user interface for importing and customizing IBM's Reusable Dialog Components within IBM's WebSphere Voice Toolkit IDE. . Co-developed the VoiceXML Editor within IBM's WebSphere Voice Toolkit IDE. August 1996 - October 1999, State Street Corp., Quincy, MA, FINANCIAL ANALYST Projects and Highlights: Senior level position providing customer interface, project management and developmental analysis for Securities Operation Division. . Project Manager for a proprietary client-server application called "Global Tax System". Designed to automate Global Tax Department processes and deliver reporting requirements to sub custodians. Coordinated customer engagements and user requirement proposals, technical planning and design, UAT (User Authorization Testing) testing, and installation/deployment. . Co-developed a proprietary client-server application called "Securities Lending". Designed to track and bill Brokers on dividendlinterest payments outstanding. . Co-developed a proprietary client-server application called "Sommis". Designed to forecast budgets for all departments and cost centers under the Securities Operation Division. TECHNICAL SUMMARY Programming Languages: Grammar Languages: Markup Languages: Scripting Languages: Development Software: Web Server Administration: Protocols: Java (J2SE and J2EE) Augmented Backus-Naur Form (ABNF), Speech Recognition Grammar Specification (SRGS), Java Speech Grammar Format (JSGF), Speech Recognition Control Language (SRCL Extensible Markup Language (XML), Voice Extensible Markup Language (VoiceXML), Speech Synthesis Markup Language (SSML), Call Control Extensible Markup Language (CCXML Java Script, ECMA Script IBM Rational Application Developer, Eclipse. MS Visual Studio, Visual Slick Edit IBM WebSphere Application Server, Apache Tomcat Server, IBM HTTP Server, HTTP (Hyper Text Transfer Protocol), SIP (Session Initiation Protocol), RTSP (Real Time Streaming Protocol), MRCP (Media Resource Control Protocol), RTP (Real-time Transfer Protocol), SDP (Session Description Protocol) EDUCATION University of Miami, Miami, FL (Dec 2004) M.S., Management of Technology - Magna Cum Laude University Of New Hampshire, Durham, NH (May 1996) B.S., Business Administration - minor in Finance, Cum Laude B.S., Psychology, Cum Laude REFERENCES References are furnished upon request. OBJtAl' 8EACH ~ 1993 20()'J ;t(13/1l7 ...-- ~I7C1/;~e RECEIVED CITY OF DELRAY BEACH OCT 1 BOARD MEMBER APPLICATION 3 2005 .La~~.s~ ~.~V\ ;C-~ 2l\:S -~~ 774 2. 3. Cit.v State Zip Code '- ~ S ~i2 M~<-~ r ~\~c., ~ 600 ~0).\<.at~ S. Home Phon~; E-Mail Add('ess: Cdl Phon€:: , v-et FL- ~sL\) Fax: 6. , Whe.D:: arc y01.1 registered? ~ 01 . - ~~\C-~ b~(.~~ \=" 7. \'XJbat Board($) 3L'e y()U int:. 'cs(cd in serving? Ple.ase list in ol'de,- of pt"efe.n:;n<;c: , N'~\~~O~=r:.-o "c..:. \ \ 8. Litif 4lU City Boards on whi h you arc cunelldy 5€cvillg '-'f ha"'e, pre"lQu~l:v :5ef'\red: (Pleas€: include dates) ~~ , j J 9. Educatiooal qualifications: Q f\. .....\ ~ _ lJt\ ~, f e.e... ~~ G n~d_v",~ -vJ vr\L.:- to. List .any relatec;l.. professi< nal c('ni6c3ti-'os and, licenses, which you hold: ~. ~ L,~e- ~ (\~'-\7 l.-<,~e.... ~ N~ SeC""\'\.I<-\' L\'c.e.--.st:-- \Je~dJ>p4 D.-\. TE Note: This applic:a(\oo ",;Il ~main on file in tho:: City Cltrk'5 OHio,; for :<I period of 2 years from the date it was submitted. II: will be he appJicanr'$ responsibility w r;:I1SUI:t: lh<\[ a CIl~Tcnt applic3uon i5 on file. $\("a-r..,' (LfflK\BO"JtD\APP L.I<'~ T10N HANSFORD N. mGGINBOTHAM 920 SUNFLOWER AVENUE DELRAYBEACH,FL 33445 (561) 499-8331 CORPORATE FINANCE & INVESTMENT MANAGEMENT EXECUTIVE 1990-Present Independent consultant to private and public companies, advising on matters including capital structure, debt and equity financing, management dynamics, mergers and acquisitions, strategic planning and marketing. Record of achievement introducing new concepts and services to clients, turning money-losers into money-makers and capital creation approximating $70 million. Concurrently have held contractual relationships with NASDINYSE member .firms for providing securities brokerage and financial plaiming services for my individual and business investment clients. Member firms include Old Dominion Securities, Questar Capital, Round Hill Securities, Northeast Securities and 1. W. Genesis. Client assets under management have exceeded $36 million. ACfRADE CAPITAL, INC. Regional Manager 2000-2001 Responsible for management and sales growth of this public, international company's Southern Region. I was credited with building the Region's annual sales volume to over $23 million prior to the Company's decision to consolidate its operations and close this office. PIONEER PRODUcrS 1988-1990 , Marketing Manager Assumed marketing and P & L responsibility for the 150+ consumer and institutional products of this General Mills manufacturer. Credited with the creation and introduc- tion oftive new brands (11 sku's) during an aggressive line expansion. My efforts , contributed to two years of record company revenues achieved within protitguidelines. EXECUNETCOMPANlES 1984-1988 Partner/General Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Execunet, Home Office and Memorybanc Inventory. HANSFORD N. IDOOINBOTHAM, Page 2 DEL MONTElR.J. REYNOLDS FOODS 1980-1984 Region Manager and Division Manager ultimately responsible for $50 million in annual sales of a 500+ item product line through direct and food broker sales forces. Wrote and implemented operating budgets which included personnel, operations, local advertising and marketing, trade shows and trade promotion. Managed the regional merger ofRJR Foods with Del Monte. PROCl'ER & GAMBLE 1973-1980 District Field Representative and Unit Manager in the food products division. Managed sales of up to $15 million through direct representatives and account managers. Recognized as my district's Top Unit Manager in 1977 and 1979. Consistently ranked among the company's top managers in introducing new items and brands. Developed successful college recruiting programs at South Carolina, Clemson and FUfIIUin Universities. MERRll..L LYNCH, PIERCE, FENNER & SMITH 1970-1973 Account Executive Sold investment securities including equities, fixed income, options, mutual funds and commodities. Branch office leader in opening new accounts. EDUCATION/CERTIFICATION B.A, Liberal Arts, UNIVERSITY OF lENNESSEE, Knoxville, Tennessee Series 7, General Securities License Series 63, Uniform Securities Agent State License DEl RAY BEACH ~ AII-AnIe.1caCity , , III! 1993 2001 .-L~ I ~~tf/b<S12Y 0~/ "44> .? f.;~ () CITY OF DELRAY BEACH C1ry' 5" IUoj , BOARD MEMBER APPLICATION (I C;~~~_ II . " t~/~re~ 5. ,- :J~01 information: 1. /{l-&I t/ Name W~ M.I~ 2. HomeAddress:/II C?t t. ifo~ CiD t..c.L- .tI&1cA1 ~ ~So, y;: 3. Legal Residence: City State Zip Code ~ 4. Principal Business Address: City State Zip Code E-Mail Address: Cell Phone: Fax: fJJ'/Of'fll?} a. @aui PI v1/ ~ 3f t 2- 3 6. Are you a registered voter? i u If so, where ~~~i;;:j} ru,,<.-1'J>A 'iX-ff<v"./if ~7 7. What Board(s) are y~ interested in servin~ Pleasdist jQ. Qrder of pr~ere~c.e=" /V't:1 l-H3o/f /!oOJ} /f-VV/,J -0 ~~/7' ~JL 5. Home Phone: /~38 35/7 Business Phone: 8. List all City Boards on which you are currently serving or have previously served: (please include dates) . / ) /YON 8 9. Educational qualifications:~..r /k'!(!25v,../77,v /'J^Y .4- 10. List any related professional certifications and licenses which you hold: 11. Give your t'~~Jr5)IR~~~er, and position:--JIk J?J<!:. 77k.rL- y. 'tJA.S" ~ 1,;:HYCl./Ft-z- ..soo?u~ 1-1 '.LL ~t....j.J t/ ..f7E-/O() /-loA:! ~ PA- ?ory- 12. Describe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resume) ~a certify that all the above statements are tme, and I agree and understand that any misstatement of material facts 's application may cause forfeiture upon my part of any appointment I may receive. J'1:vw DATE Note: This application will remain on [de in the City Clerk's Office for a period of 2 years from the dateit was submitted. It will be the applicant's responsibility to ensure that a current application is on file. #tJ / /3/J jtJ 0 S\CITYClERK\IlOARDlAPPLlCATION ~h1 VIJ'il / 6 /cJ ***** / ~#/(Jj IJJ/ ~ 1JR . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION i26Ll~ .:3 / ])d -/)/& C?/It;td DELRAY BEACH ,to..O,4 Al-AmericaCity " III! 1993 2001 information: - ,2. ttk- eLV 3. 4. City State Zip c.k " Business Phone: Fax: 11. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts con . d in this applic . on may cause forD' e upon my part of any appointment I may receive. RECEIVED DA DEe 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. Ith be the applicant's respoCi}Jlh't el~at a current application is on file. / / ., ~ ~ s\cITYCLERICIlOARDIAPPUCATION ~ ,VI", I ..... ~ UlJ7 rfffr 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~/eik/& ;LlNS' Oa.v..YBtACH :'_ to:.. to-, o. .& ... * * * * S&.>Vl~ 4. Principal Business Addr~s: ,so i/l .(!. 1/17 Name {], ML ce. Citv IA State Zip Code . elF. ,(5ea4h r/ ,3 J C( Y City Stare Zip Code City State Zip Code Please e or rint the follo infonnauon: L Last Name: IV e LV ell 2. Home Address: ;}"8Q ,(/.c;J.,.)/ A Ue. 3. Legal Residence: S. Home Phone~ Business Phone: J6r J 73-1otF 6. Are you a registered voter? eJ E-Mail Address: Cell Phone; bne(J) ef(1 e k+IV1a:!u, !Jt!/<ttt]-33f1 If so, where a.re you registered? Fax; 7. What B03rd(s) llre you interested in serving? Please list in order of preference: ~A ,,-P/aP1'l/'/1 ~Aj 2crJ/"/!o ;(;041/ AJeiq(/;)(Jr(tJ(JJ /Jjll;~.r CC'</Jc/I S;1E. /!.:r"1/':ellt'e 8~ . ~~ ~..." ry ,~~a::.~ ,!,D; ::rl:.ich y arc cun:e,~~Y Se1-vmg 0 ave pr~viously served: lea~~ include ,~(es) 9. Educational qualifications: A.A. /4.. 10. List a.ny related professional certifications a.nd licenses which you hold: 11. Give your present:, or mOSt recent employer, and position:./" /. f . , -UG ,J re/,.r kealtG! 12. Descnbe experiences, skills or knowledge which qualify yon to s.erve on this bOllrd: (please attach II. brief resume) ;(,(>0.((< I hereby certify that all the. above sbtements are rme, and I agree andundc.rstand that any misst~ttmcnc of material faces contain~d in this 2.pplicationffY cause forfeiture upon my part of any appointment I ~2.y re:ce:.l"t"e. .....~..... A/~ RECEIVED ;,/<(j;s GNA . DATE:'" JAN 0 5 2005 Note: TIlls application will remain on file in me City S:l~:s. Office for a period of 2 years from the date it was submitted. Ie will be the applicant's 1@pl~i~~1rJ1~U1:e that a cun:ent application is on file. /1, /JC>t sm~BQAIlD'.Al'rLoc..'llIOI' ~11 ' Bryce NeweR 280 NE 2M Ave. Delray Beach. FL 33444 Home. (561) 278-3068 Cell (561) &43-3311 E-mail bnewelll@hotmail.com PROFILE Marketing and sales executive with 6 years of high level outside sales experience, with a proven track record in developing new business &nd driving revenue in leading edge technologies. Strong anal)'tical, creative. and communication skIlls developed through assignments in strategic planning,. marketing cOmID.lmicarions., product launchcs, and naiDing. Excellent leadership abilities demonstraled by delivering results through highly motivaIed and imaginative teams. Profl!SSional Expuie1U:e FDN CommunieatiolU; West Palm Beach., FL Senior Ae<;OWlt ExeQItivc 4/04-Present Provjde daza productS and services to business ttJrougbout Florida and Geot'gia_ Pliromy focus on lnternational multiple location corporations relying on high use data transport. In the top running for rookie of the 2114 half of the year award. MeLeodUSA:; 0aJ.:br00k, IL Smior Account E.xeeunve 3/0:>-2104 Mid-Market telecommunicatious sales position in greater Chicago land area. My responsibility is to acquire new Business only. Services consist of. PRI's, n'S, VPN"s. Frame Relay and Wireless. Typical month includes running approximarely 15 new appointments, resulting in 4 to 6 orders nmging from $500 to $3000. OearOne Communiutions; Westmont. IL Senior Accol.D1t Manager 7/02-12102 Videoconferencing Specialist position. brought on TO esT3blish marlcet share in. Chicago. Company provides end-to-end solutions for video, audio and web confer-eneing services. Primary customer focus is F orttine 1000 Wld Higher Education market. T8Qdberg, LLC; Chicago, II.. Ree:ional Manaeer 8/01-6/02 Responsible for seUing TANDBERG Videoconferencing equipment to Education and Medical Agencies. Partnered with consultants and system integnttOr& to provide the customer with a complete solution. Current territory consiStS of Illinois, lndiana and Wisconsin. luView; Chicago, II.. Business Development Manae;er 10/91.1/01 Woded. with equipment dealers. system integratotS and telecommunication companies to develop new accounts. Increased company revenue by 20% by creating a partnenbip program.. Developed wodcing relationships with sysrem integratofS. equipment manufacrures and telecommunication companies. Consulted"\'Iith. IT and Telecom Directors on Videoconferencing services. CSC Office Automation; RoUing Meadows, IL Malor Account Manasrer 2196-9/97 'EDUCATION 1991-1993 1993-1995 A.A., Business Management,. College ofDupage, Glen Ellyn, IL BS, Business Administration, Loyola University~ Chicago. II.. Jan 28 06 09:55a Mel Pollack 01/30/06 nu~ l~;OG rAA ~&i~q~~114 561-272-7618 (3~f! P~}v. . [/ ~ "'- ,- L-"'--- : :-', ~ ~L-1 '-1.11 '-LI;.IU\. !,~llt;"-': B~~t:!. ~ 1iTf! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2. HOOle Add.ress: , .-Y ~'7. 3. Leg:al ~dence: ~ (\..... "\-"\ 4. PrincipalBus.in.css Address: MI. ....-- Ci~ Rh' .L ce ~ Cod) ~I -! '(? ~L ?~ Ciry St:uc Zip Code City $Cil.tC Zil? Code .... (?~T',,- ~ Business Ph.oo<:;: Lc),:;.,-. t ! --.: '" .L.... B-M:Ul Adc:b:C5S; Cell Phone:.J... c:..... (\ "l) 2.... \ 3 _.,." tl\l1 ~ tt' F:.lX: 6. ALe you a. .cegi:rt~,[ed VOl'c.l:? ~ou I:egi:s~ed.? '- -<? J t-:::.,..- "d '-- 7_ Wh:.t( Boacd(s) ;ue you wccxcsc.;d jq saving? Pl=se li.st: in ocdcr. o[ p~fC[<:ncc: L.....-cl ~, c;. .~ c:\ ~ ,L.., - 1":";'..-' -~.....' , &) <\. ,... J -:.. <= ~ (,g.:J.-~"" 9. Eduo.aon:al quaufiouions, ~_.,I _ ., _ S ~<::<J. ~ - ...x..:.~"'<"f-C 10. List any [wto:d. pI:ofCSliionu c~ca.tiOD5 :;w.~ licenses which~ y?U bold: _ "' .~ . _' D L, <L(.) ~ ~ 11. Give yollt presc:c.t, or m.ost I:ec~t cmployCJ:, and p~si~o.::. , ' !C"-_~.~~....T ~v yVl<....Jo'S -r "" t. u'\ r-(".:o..:...:\.a .;' r~jO -j-:,. J I beech,. catify dn.t ill mc :aJ;:>oV'c SCltc:xxu:nts aJ:C trUe. ~d I ~ee :and ~U;1d<"%"Shnd d'l.:l~ 2nY miss:acemcnt of <J1;ltcci:ll D.as ~::tPIiC1~ forfcinnc ~ponm.y part of any :LPPOio.;: I ~;.:~ 0 (, SIGNATURE' ' . DATE Note.:: This ~ppli..ca1:ion uoill.r~ on file IA the G;- Clerlc":; Offic.c for ~ {JGriod of2 y= &001 the date it~ submitted. It win be the :appli=(s r=pon.s..ihimy to eo.suie' that: ~ cu.o:c.Qt :J.ppliOLcion i:! on .6le. " ~UCA.nar< /!;JA REGEf\!ED JAN 30 2006 e\l'! CLERK Jan 28 06 09:~~a Mel Pollack 561-272-7618 p.2 MELVIN POLLACK 800 N_ Ocean Blvd. #1 Delray Beach, Fl.: 33483 Phone: (561) 213-1990 E-Mail: melsy@bellsouth.net OBJECTIVE: MANAGEMENT, MARKETING, AND PLANNING - To utilize my experience as an International/National Business Person, Program Manager, Director of Business Development. Aviation Professional. Pilot and Safety Specialist in a corporate environment. EXPERIENCE: Director, International Business Development/Operations, Wackenhut Services, Inc. (WSI) Provided contract services to federal, state and municipal agencies and foreign governments. WSI is the largest provider of security-related services to the U.S. Federal Government. and is responsible for key elements of the Government's role in national defense. homeland security, space exploration, the safeguarding of nuclear materials and public safety_ Due to the foreign ownership of the Company. my role was to be the Senior Executive/Business DeveloprnentlMarketingJCommunications conduit between WSI and our parent, Group4Securicor. This allowed us to work together within the Proxy Agreement and protect national secrets. Marketed, wrote the Department of State proposal for the Eastern Europe Civilian Police Force Contract Subsequently phased-in 400 person portion of that contract in Kosovo. Expanded WSI's participation on the NASA Kennedy Space Center Contract for which I was the Capture Manager for Northrop Grumman. (Sep 2003-Present) Director, Operations & Services, Northrop Grumman Corp. Identified and researched business development opportunities in high tech, O&M. and operational areas which would benefit from Northrop Grumman's expertise and experience base. Responsible for overall client development. executive leadership. community communications. and continually evaluating and improving business processes. Captur"e manager, proposal writer, phase-in and transition team member on successful 10 year $2.2 Billion NASA J- BOSC Contract. (Dec 1996-Jun 2003) Vice-President, AAROTEC, Inc. Responsible for overall business development and project management for one of the oldest ArchitecturallEngineering firms in the United States. Managed operations and projects in 34 countries. Responsible for dealing with foreign governments and U, S. representation at the highest levels. (April-Oct 1996) Deputy Manager of Johnston Atoll, Raytheon Corporation. Provided overall management. supervision. and direction to a staff of more than 500 people ($50 million budget) encompassing all the functions of a medium size city, Ensured compliance with ES&H, quality. industrial safety, OSHA, and EPA rules and reporting requirements. Participated in budget preparation, operational plans, forecasts, and ensured ethical practices. Represented the company to the client. outside firms. and govemmental and DOD agencies. Operations of the airport and port were part of the overall responsibilities. (April-Dee 1994) .Jan 28 06 09:55a Mel Pollack 561-272-7618 p.3 Senior Program Manager, Greiner Inc. Responsible for aviation business development. BRAC Commission Representative, and corporate office manager. Project Manager for,the development of a reuse plan for England AFB. LA. for conversion into a civil airport, the related economic redevelopment of Central Louisiana, and the industrial redevelopment of the old civil airport. Project Manager for a number of feasibility studies in preparation for the closure of MacDiII AFB. FL., and a Federal Aviation Administration reuse study of Homestead Air Force Base, FL after Hurricane Andrew, During preparation of the Environmental Impact Statement for the Lambert-St. Louis International Airport expansion, managed corporate St. Louis office and was responsible for public information and city/state coordination. (1991-94) Director, Business Development for an established ArchitecturaVEngineering firm. instituted formal marketing plan which resulted in opening three new offices and branching out into new areas of business. Maintained contact with State/County/City Officials throughout Florida and the southeast, the Department of Transportation, and numerous governmental agencies. Instituted corporate quality control program. (1984-91) Wrote. Negotiated and Managed $750 Million Eastern Test Range O&M Contract which encompassed operations and management on two continents and sovereign governments' coordination at the highest 'evels. Directly responsible for saving over $150 million on this contract. As contract administrator, responsible for 13%) reduction on multi- million dollar facility supply contract at Patrick AFB. (1981-83) Operated and Managed Safety and Flying Program at Patrick Air Force Base in Central Florida; Coordinated with 64 civilian airports and many cities in the Florida area on approach and departure routes. noise abatement, mid-air collision avoidance, and low level routing. Responsible for all military and civilian flight operations in the southern half of Florida. Developed instrument approach procedures and worked daily with the FAA. Achieved zero aircraft accident rate. (1978-84) Supervised and Managed the Safety Pl"ogram at Homestead AFB, Florida: responsible for over 30.000 people. Developed programs and procedures which reduced ground accidents by 35% in one year and received National Safety Council Award. Instituted U.S. Air Force/FAA Mid Air Collision Avoidance program in State of Florida. Worked continually with airport managers and FAA. especially concerning noise abatement and traffic into the South Florida area. Coordinated all security procedures with both military and civilian agencies. (1974-78) Jan 28 06 09:55a EDUCATION: PROFESSIONAL AND CIVIC: Mel Pollack 561-272-7618 p." B.S. Economics, New York University UCLA, Anderson Graduate School; Executive Marketing University of Southern California; Safety Management . Department of Defense Computer Institute Armed Forces Staff College; Strategic Planning U.S. Air Force Pilot Training United States Space Foundation Space Commerce Partnership National Association of Installation Developers American Association of Airport Executives National Management Association Florida Airport Managers Association Southeastern Airport Managers Association Greater Miami Aviation Association National Contract Management Association Society for Marketing Professional Services Society of American Military Engineers SECURITY CLEARANCE: Top Secret. S81 (Current) OTHER FACTS: A former Prisoner of War in Vietnam, and the recipient of many military and civilian awards. Commercial Pilot Certificate with Instrument Rating EMPLOYMENT HISTORY: . DIRECTOR, INTERNATIONAL DEVELOPMENT Wackenhut Services, Inc.. Palm Beach Gardens, FL . DIRECTOR, OPERATIONS & SERVICES Northrop Grumman Corp., Titusville, FL . VICE PRESIDENT, ASIA DIVISION AAROTEC, Inc., Fairfax, VA. . MANAGEMENT/CONTRACT WRITING CONSULTANT. Delray Beach, FL. . DEPUTY MANAGER. JOHNSTON ISLAND Raytheon Services Nevada, Las Vegas. NV. . SENIOR PROGRAM MANAGER Greiner Inc., Tampa. FL. . DIRECTOR. BUSINESS DEVELOPMENT Williams. Hatfield and Stoner, Inc., Ft. Lauderdale, FL. . U.S. Air Force 9/03-Present 12/96-7/03 4/96-1 0/96 1/95-3/96 4/94 - 12/94 10/91 - 3/94 10/84 - 7/91 11/64 - 12/84 '2,",,-,(..:: ~'-:'21~' I-M FP-.OM: Lir,.:I:. Fri.:.r TO: 2~ ;<- c<77~ :f"A';::,E: .-..-'t: OF l~ltlt: Application.jpg (1103x1460x16Mjpeg) J.oy-t"LJ ;5/~/~8' $t)tU& & P~\;~~I#.A~'1 -, .'11': 199J 20()1 ". .-.' -, -. . ... ---.. -- ... .. . '..-'.---.- '.--.--',- .".-.', "'--.' ." . ..-- -... ..-- ...... ,.. ... -- -, - --. , . . ..... . .--_......... .,. .,,--... ..-'. -....-----. eITYOFDI5LRJ'-YIII$JCH,.,., ".. 80ARD.MEMBS...A))PI..ICA'I'IQN .Q~~~~'::}~~-~~L.,,-A~;-}g1~-;-...H~7VI~= I ,J1m~.~t:li;" ',.. .".. .'} (3'../" #jsl OP .1~t~4LJj.4.c 1.IS?kt1~t"~ < '. _ ~~. ., c__...:_...........<<1I:,]""'.._....JJl.i{, ' ;" -~ ...."".,.,!j, ..."..,._'....,.&..".....i'.~"'7.'7"7 ",~ .. "...#~. 1:'tLcga: R~~sidcncc: '".. '. .:.L1t)' ',... . " SmlC.. ..' L Z;:;pCQd",. ..' 1~,'li,"';""Ad,j;.,=-..,- .~..._~---.. :.,,;;1,,;;,,1 l~~':~~]$",~-~'- }~~~;.;:-~:~1:'~~~tt'" --1 i-: ~~~:=~~~;~~:;::::::;~.~l~l,~j.-L<J1 .~.~:r I.~",ll,~,~;-:..~(~~~~~~;~~~~~l.. r9:-Ed~""i~,,",""~-- __~n-___ ----:::-=----==_-:. '1 1." ",... "S~~.':,:~.up~.-_.~~"C-y~ t~~~~~~~"--'~~-~-~~-''''' :,~,-~~~:~~~~:=..~~=:_-_..._~ r10. Li5(.a()y,temt<:dA'rOf<~"~K'na,.*, (:erntkaU'H:1J>.mJ liC{$.<;e~ .....,hi.::.h Y<'ll hc,It!: i ..~...... . Vi,p~,---- .... .1 .[,i~f~~::;~1~~:j~}~i~-~;C~.~3_.....1 12, tJc;~cfll;..; {'xp~nctK,{'$, :ikil1$ <~r kno\11t...ip,<~ ....'b1l::bqtIli:11f.r you ttl sc('.~ 4):(1 tl:ll$blYArU: (Pk,a~~':Itt~lrah.:td ,1:<"$UmC) ~.I~.~..,~-~~Jt.$U.~'.~.. ,', :~ ~. 2,-,,"f J:."f B-1 FF-.{,~M: Lirt.i?t f"(i"-,( TO: 2..j:';-~"'77.:J I"AGE: (1l~'2 OF (1t~..;:J Linda A. Pri,or 2455 Lindell Blvd. #3510 Delray Beach, FL 33444 Home: 561-330-0245 Cell: 561-702-0245 Linda _Prior(~hotmail. com Work Experience: IBM in Westchester County, NY - 20 years Software Engineer T e1 econullunicat ions & Data Quality and Process Management Skills: Organizational Management Attention to Detail Conullunication Background: Homeowll.er in Westchester Countv NY tor 30 vears .' .' Year Round resident of Del ray Racquet Club - 8 years Past President of Association Graduate of the Delray Residents Academy - 2004 Umass Ahu1Uli VP Boca Raton Group Counseling - volunteer - 1998 - 200 I Leader in Delray Church Chair of Adult Educational Opportunities and Programs Chair of assimilating NeVI'" Members into active participants Leader and trainer of care giving organization Library Volunteer - computer area Committee Goals: Maintain the value of property by keeping it aesthetically pleasing Maintain an open relationship between City and residents Conduct business in an honest, unbiased manner Establish an involved network of conullunity interaction Maintain security within the conullunity. ~~ ~'. Lt'l'~ ):t-'f r,..1 Ff<.OM: Lirl.:I:i I"ri.::-.( TO: 2~:~-~774 I-1\GE: l~"~'~ OF 1~11~'4 I see myself as: A volunteer willing to serve the Delray community. I see myself as: A representative member of the conununity \villing to donate my time to the functioning of the conununity. I see my'self as: An organized person \vho will explore and research situations and give my input to the decision-making process. I see myself as: A cooperative, conscientious person without tlte superpowers to tackle everyone's concenlS and to satisfy everyone at the same time. I see myself as: An individual responsible member of the COlllil1l.mity,just like you all are, who is willing to put my eftort into maintaining the City of Delray as a place ,,,here I \vant to live. I see lllvself as: An individual who accepts responsibility and is open to the pleasure of seeking ne,v opportunities and encountering the unexpected. Although I am particularly interested in the Neighborhood Advisory Council, I have stepped into positions 'where there has been a need, and I have tound the challenge fulfilling. CITY OF DELRAY IIEACH LYe A4:./Ei'l.'J BOARD MEMBER APPLICATION 3-d9-t?~ Please' e or tint the followin information: 1. Last Name: ~ , 2. Home Address: t f>~ -S cU l?T~ -:;-fy-.Q.:r 3. Legal Residence: .::; ..e. 4. Principal Business Address: ?a.Wle.. 5. Home Phone: Business Phone; JJ 0"1 ~ Name ~ City 1) C!- t City S4.IM-€.. City State Fl. State State Zip Code Fax: - 7. 8. <Jvt4 ~ ~~ I hereby certify that aD the above statements are tc\le, and I~gree and undet:stand that any misstatement of material facts contained in this application may cause forfeiture upon mypart of ~ appointment I may receive. &4'cA ~C; Zo<:J4- DATE 77 Note: is appJlcation will remain on ftle in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ~sure that a current application is on file. t!ff 6. SCITYCLl!RKI8OARDIAPPLlCATlON Samuel Resnick 2835 SW 13th Street Delray Beac~ Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) , 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk:, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (except for two years in U.S. Navy and three years in. enginering school) worked for various arcbitecturaland engineerin~ firms. '" . . . . . '. . . ,". ,.'"f1frJ{}7~~~~~;C~~~OR.,_, '''~~q- ~lf ,1995 ' li~.~~1;~1iit~tt7~f#~f.~~!'.; ...!!~~lii~~i~~;;;iP~~~~~~~~~'~~~~" .!2'i)i~~li~f~t.~~~~.~:~1~~! .. . .. . .' . .. . ~ . ; ."' . . . .:'::~'::-=--. " .3 H ' ~. L" i 't 'th' If lk Sch' 1 lro,:'il,d,_.~rt9(:tnnm~t.~eEi""",.\f,',:,'_".:h".,'.:,"..',er"',,:.,',.,',',':~:':e,':,','.':);,.,.,,.,:il,.,.'.:,:,a,'"l,...'.,J..,.-_:.,.,':,_:,:,~,:, 't.'-~.,~.,~dt~~~ee~~:~r~9$O~r-~::ai~~eci.:..:~ ., - ,;. . ,- .\ ::,- ..... !~~4~~ ~~-~..~~.- '", .~. .:.. ','- " ~,;,-_:Uitt$): "'of rtac01\l1il(endation t-o a' 'lami of" Sam's 'caliper: 'Ue'.il:t tie 'an: 'asset. -t6 , , ' " t{~~:~;T~~~lW> .. . .:".."; . .,' .....:. . . ....,;; .....,.... .::...: . ... . :. :,,:,:,,~:""..: ~<.:': ., . ~:, '.. ." . ..: . '.~' , .....,. " : ,~~ ,::.i.:~t~~ft~E e~j($'t2l:>'.'f~S~~T!-YEN~~RW~U<ct6.fi~~t~~:.~~~~?li3~ti$.#.rr{1i:,- ',.',', . , ' .., . DB.RA~ BEACH ~ All A1l1l11caif 'lilt '1993 2001 pr-',,=-r"\fED Please e or rint the foUowin infonnation: 1. Last Name: S (JfJUl-D/ AJG I 2. Home Addre~ _ e LOGWOoD :DR.. 3. Legal Residence: 9~ e j)CJ6UJOCJD 'DI? ~ 4. Principal Business Address: MAR , 0 2006 CITY OF DELRAY BEACH EGK BOARD MEMBER APPLICATION ~~ CO T~{) c .zJS k-- 3 If) I{) 'l . IE. Zip Code 3 3 Zip Code 3 '183 Zip Code Name,,(b h N C :&-Lf2A y 13 City ])cL/C.A '/ 8 CM-H City State /tZ"L State R... State qy. B nCGUJCJD]) Die.. 5. Home Phone: Business Phone: FL Fax: ~/-:J-?(, -3fY8 I 5'" -:)"1t,... 303/ 6. 7. Pi- CDUAJc 1(... 8. List all City Boards on which you are currently serving or have previously served: (please include dates) o 9. Edocatio TC<:.i? JU I ell L.. ScII06 L 10. List any related professional certifications and licenses which you hold: F/LJ S-nJ-T€ I!-G SmTE LIC.cNS~ 11. Give your present, or most recent employer, and position: :5GL-F - EMPLOYcI> - S; ~ -r-r/tC hed !?.(!!!.S {}' JL1 e 12 Describe experiences, skills or lmowledge which qualify you to serve on this board: (Please attach a brief resume) :5 1f7T Ac.H E:]) /2,csuJVIc I hereby certify that all the above statements are true, and I agree and understand that any miSstatement of material facts COttmu.ea C/10Cati n m~ ~'e upon my part ofony .~/;; ,J? Illi 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'CITYCLE\U(\il()ARI:I\API'LrATION Overview Career Summary Feb 04 to Present Aug. 98 to Feb.04 Aug,97to Aug. 98 Sept, 92 to Aug, 97 Mar, 89 to Jan,92 Feb. 72 to Feb, 89 f:8b, 67 to Feb,72 John E Spaulding II 948 Dogwood Drive. Delray Beach, Aorida 33483 Ph: (561) 276-3031, e-mail: iespauldino@earthlink.net Proven perfonner with over 35 years engineering, senior management, technical marketing, and sales experience. My career includes successful jobs in computer manufacturing, computer engineering, customer service, marketing, sales and senior management. I am an active Realtor@, have been a resident of Tropic Isle in Delray Beach for 24 years, a board member of the Tropic Isle Civic Association (fICA) for 2 years, and am currently the president of TICA. I have been married to my wife Charity for 37 years, am an active member of Ascension Catholic Church, and hold a patent for an Interactive Television System. I am well read, well traveled, have a diverse knOWledge base, good communication skills, good people skills, an ability to understand and resolve complex technical issues and a success oriented team attitude that has served me well throughout my career and personal life. DIGITAL INSITES, Delray Beach, FL.; President and Founder Provide consulting to numerous finns specifically In the areas of home automation, broadband communications, RFID products and Asian product development I marketing BROADMAX TECHNOLOGIES, Inc. I Wong's International Holdings, Ltd., Delray Beach, Fl.;CTO and Vice President of Technical Marketing BroadMAX is a subsidiary of Wong's, specializing In ODM developmentJ sales of Broadband products . Provided strong technical and marketing direction while acting as the VP of Technical Marking and Chief Technical Officer (eTO). . Developed competitive strategies, roadmaps, customer presentations, marketing collateral, and RFP responses resulting in numerous customer "wins. including DSLExtreme, DSL Warehouse, & EarthLink. . Provided primary interface with Telcos to achieve product certlfacation. Also maintained high profile for company by actively participating in industry shows and industry organizations such as the DSLForum. . Perfonned technical and market research in the area of broadband modems, home networks, gateways, various wireless products, thin clients, VoIP, webphones, and Internet appliances. DIGITAL INSITES, Delray Beach, FL.; President and Founder Founded high tech' consulting finn specializing in market I product research. Clients Included Boca Research, Cltrix, Wong's International, Interaxx and others. Specific markets addressed Included TV set~ tops, Internet appliances, cable modems, thin client application hosting, broadband modems, wireless LANs, automobile PCs, and pager systems. INTERAXX TELEVISION NETWORK., Miami, FL.; CTO and Sr. Vice President of Engineering lnteraxx developed an Interactive television syst~m comprised of an Interaxx analog I digital set~top box, a support network Including proprietary cable head-end equipment, which connected via satellite to the lnteraxx proprietary central back-office and master database control systef'J1. In 1996, Disney chose Interaxx for their "Innovations" display at Epcot as the best interactive TV system. lnteraxx was also featured In a cover artide by Popular Mechanics Magazine, and a ~ hour segment on the Phil Donahue Show. . Acted as CTO and Sr. VP of Engineering, establishing a multl-departmental engineering organization with a staff of 33 holding a combined total of 73 patents and 72 disclosures. . . Acted as chief architect for the Interaxx television system. Interactive TV patent (5,668,592) ISSued. AEG MODCOMPI Ft. Lauderdale, FL.; Sr. Manager of Peripherals and 110 MODCOMP, was a subsidiary of Daimler Benz, and a leader in the development of real-time Unix systems. . Hired to establish new 110 Engineering department chartered with Improving quality and redudng costs associated with 110 controllers, peripherals and third party equipment. Drastically cut peripheral and third party equipment costs by $8.2 million, representing a 37% reduction In overall cost in the first year. while virtually eliminating 110 quality problems. . One of ten members selected company wide to create the companys five year strategic plans. ~UN MICROSYSTEMS, formerly Gould CSD, Ft. Lauderdale, FL; Sr. Section Manager of I/O Engineering Gould was a major manufacturer of real~time proprtetal)' and Unix computing systems. . Held numerous positions over 17 years including National Support Engineer, Principle Design E~ineer, Sr. Engineering Section Manager, and Sf. Marketing Manager. Also responsible for all 3 party peripheral evaluation and selection for the company RCA INFORMATION SYSTEMS DIVISION, Palm Beach Gardens, FL.; Associate Engineer infomuuion.: ~I.I/O~, ,:~ #/lll/)/sM~ dd- RECEIVED CITY OF DELRAY BEACH 006 BOARD MEMBER APPLICAnOr/O O,~, 2. K ~ '"'6J;R, ~~f~ Name -Pamet d G ty })dr'd. f3.e~1 OEtIAY BEACH . " 6 . . . ... w 1993 2001 1. W~ Ilia,fY\'S 2- Home: Address: 21'5 tJW 1:. dVfJllK.. S dXYle.. 4. Principal Business Addres.s: City St?atc Zip~ FL ?J? ' State Zip Code State Zip Code 3. Legal Residence: City 5_ Home Phone: Busioess Phone: Cell Phone: ^JIA FlU:: ^VA -901 ~1+-iCfl5 NjA' 6. Are yOIl a registered voter? 7. 9. &tucational qw.li6cauons: -Hie- s:::l'6D\ 6~te., 't\J saw uJ.Q..a. R- I hereby certify that ill the above statementS are true, and I agree and understand Wt any misstataDeat of Jrulrerw f:<<.'"tS mined in this application may CllU8e forfeiture upon my pan of any appoinonc:nt I may receive. r=;::t::t 0 9 iCe5 L-J...." ..... DATE Note: This application will remain 00 tile in the City Oe:rk's Office foe a period of 2 ycat$ from the dace i[ was $Ubmitted. It will be the applicant's responsibility to ensun: that a current application is on file. SlCfn'<.."I.JIaJl(\IIOAJUNII9UC.o. TIOM MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t'fv\ AGENDA ITEM # '?IT - REGULAR MEETING OF MARCH 21. 2006 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD SUBJECT: DATE: MARCH 10,2006 There is a vacancy on the Parking Management Advisory Board for an individual to represent the Old School Square Historic Arts District. The term is for two (2) years ending January 31,2008. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. The following individual has submitted an application and would like to be considered for appointment: Cecelia Boone Southdale Properties Inc. A check to confirm that she is a registered voter was completed. She is 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 Ellis (Seat #1) for one (1) regular member to represent the Old School Square Historic Arts District to serve a two (2) year term ending January 31, 2008. Recommend appointment of one (1) regular member to the Parking Management Advisory Board for a two (2) year term ending January 31, 2008. PARKING MANAGEMENT ADVISORY BOARD 02/06 TERM MEMBERS CATEGORY 1ELEPHONE EXPIRES 08/31/07 Mark Krall, Chair P&Z Home: 330-0215 Appt09/09/03 1405 S Federal Hwy #141 Office: 276-7424 Reappt 11/22/05 Delray 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 Reappt 07/02/02 Delray Beach, FL 33444 Fax: 274-4849 Reappt 07/20/04 Email: chefron2@aol.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 Reappt07/28/05 Ratified 09/06/05 09/30/04 WARC Fax: Vacant Cell: Email: 08/01/06 Richard Sheremeta, V -Chair DDA Office: 243-8700 Appt 08/06/02 310 Southeast First Street Home: 265-1576 Reappt 07/20/04 Delray Beach, FL 33483 Email: rs hws@bellsouth.net The representatives above are ratified by the City commission. The representatives below are appointed bv the City Commission. 01/31/08 Mark Denkler Adantic A venue Corridor Office: 276-6570 Appt 02/21/06 320 NW 9th Street Between Swinton Avenue Home: 265-4745 Delray Beach, FL 33444 and Intracoastal Fax: 01/31/08 Jeannette Dobson Adantic A venue Corridor Office: 243-1794 Appt 02/01/05 Unexp 700 W. Adantic Avenue Between Swinton Avenue Home: 637-4074 ReapptOl/17/06 Delray Beach, FL 33444 and Interstate 95 Cell: 445-1694 Fax: 637-1675 01/31/08 Jorge Ramos Adantic A venue and State Office: 789-5668 Appt 01/06/04 34 South Ocean Blvd. Road AIA Corridors and Home: 338-0690 (resumed his term) Delray Beach, FL 33483 lying East of the Email: Reappt 01/17/06 Intracoastal Waterway J orge@CaffeLunaRosa.com 01/31/08 Vacant Old School Square Office: 243-7922 Historic Arts District Home: 272-7933 Fax: 243-7018 Email: direc torfn)oldschool. ora 01/31/07 Melvin Sacharow Citizen-at-Large Office: Appt 01/07/03 2560 Riviera Drive Home: 243-2857 Reappt 01/04/05 Delray Beach, FL 33445 Cell: 445-6863 Email: melsacharowrmiuno.com 01/31/07 Troy Wheat Citizen-at-Large Office: 266-6762 Appt 01/06/04 Unexp 1022 East Adantic Avenue Home: 737-1308 Reappt 01/04/05 Delray Beach, FL 33483 Fax: 265-0816 Email: Troy.D.Wheat@SmithBam ey.com Contact: Scott Aronson - Parking Management Specialist 243-7286 Commission Liaison: Patricia Archer 02/06 TERM EXPIRES 08/31/06 Unexp Appt 12/19/05 Ratified 01/03/06 08/01/06 Appt 07/06/04 07/01/06 Appt07/06/04 09/30/06 Unexp appt 08/01/06 Appt 07/06/04 PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS MEMBERS Diane Borchardt 625 Heron Drive Delray Beach, FL 33444 avid Cook 01 Southwest 33rd Place oynton Beach, FL 33435 renda Montague 443 S Coral Trace Circle elray Beach, FL 33445 acant erry DonFrancisco o S Ocean Blvd elray Beach, FL 33483 CATEGORY TELEPHONE &Z ome: 272-1196 ffice: 515-6550 ffice: 276-4194 ome: 732-4193 276-4190 ffice: 278-0300 ome: 272-0257 ell: 703-7997 ffice: 278-3364 361-8284 278-3328 Contact: Scott Aronson - Parking Management Specialist 243-7286 Commission Liaison: Patricia Archer Mar-OZ-Z006 04:3Zpm From-OCEAN CITY PROPERTIES 561Z7S6ZZ1 CITY CLERK h3/01/06 WED 11:14 FAX 5612433774 OfUtAY BEACt1 ~ ffiir 1993 2001 T-303 P,OOZ/OOZ F-QSO tal 002 3/tt# '6 CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATION MAR 0 6 2006 CITY CLERK info.una.tioo= 2. 3. I ,4_ City ,_~J_~c.~ y &'C---C~ E-MjillAddre.ss: Cell Phone: .. . ;p" ~,--~' 5> Home Phone: Bl.lSmess Phone: MI. State t: State Zip Code State ZW Code ~I '3 5t..{ tit! ..._,....., FDC '30;2 8' 9 7 ~ ~ec fJ 00 @me.i " ce... 3c::J.. - 817 bl. 7 S' -(,;212./ If SO. where arc you rCf.isteJ:ed.? e(r;c. Co..... ,l- (,.,...., t5.<"<......<..L 7. at Boonl(s) aCe you interested in serving? Ple:lSe list iI1. order: of 1?t:<:f~ce: --t~a."- Ie; '"'-.S n- 0 I.J I' .s. 0 r J -:g 0 ~r 'n - . ,.List 2.l1 City Bo:ards on. which. you are currently serving or: have p::eviously sCJ:Ved: (please include dates) , ,-") C'_"~t 1?o~G.s/ Ho-di?V-0-' ServeJJ 0,., G-::--" ~('eJe C:;rovf! IY\.-r;.--.-l ,,~e +='<.Tl tf~ + ~~-,; 0/2.-, f- .1.00S -:r: I-t..... ~ -4- : J I en,.. 0 II ~C~ . ,'s vJr~-l-~~ .~ Is ~l'f (~i. (-~":' k,;-S -"\C '12_ Desaibe exp~c:cs. skills or kao~cdgc whiCh qualify YO? to serre ?n this bo.ud: (please 2.tta.ch":l. brief resume) e'i. er~e"'(~ ...... Co....... ~,.... _ ~I 6~fe$-~E'N.1 I~......s,..., ..Iv me r ~C> ",.-n ~""'l: 1:"1Y '-"1,:1- .... co ........" \J v-v-e v> +- "".... cR .(; -lull C- Community Improvement ;q Memo To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Date: March 15, 2006 Re: Police Advisory Board - Recommendation for Youth Appointments uD ITEM BEFORE THE COMMISSION: City Commission consideration of appointing two (2) youth volunteer members to the Police Advisory Board, pursuant to the formal recommendation of the Mayor's Committee on RAC.E Relations. BACKGROUND: The City Commission approved Ordinance #73-05 on November 1, 2005 creating the Police Advisory Board and subsequently approved the list of members recommended by the Mayor's Committee on RACE Relations at the December 13, 2005 City Commission meeting. The committee recommended the appointment of eleven (11) members out of the thirteen (13) approved members. The remaining two (2) positions were designated for youth. We are pleased to submit the applications of two students currently attending Atlantic Community High School, who are enrolled in the Criminal Justice Academy, for consideration of filling the positions designated for two- and three-year terms for youth. The applications for the following persons are attached for your reference: Karen St. Fort - 2 year term Altanese Jean-Louis - 3 year term RECOMMENDATION: Staff is recommending City Commission approval and appointment of two (2) youth members to the Police Advisory Board, as provided for under the recommendation of the Mayor's Committee on RACE Relations. LB:DQ Attachments 9K DElRJ\ Y BEACH ~ , , II ,: 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PIt::\l'C ty c or rim tbe followin in(urmalioll: 1. LMf Name: Nllme HI. St. FOJ;.:t:_ 1. Home Address: 834 NW 39th Ave Ciry D State 3. Legal RC$idcnc:e: Ciry same ~. Principal Business Addrc!'is: City St:HC Zip Code 2455 W Atlantic Ave 5. Home Phone: Business Phone: Delra F.-Mail Address: Beach Cel] Phone: FL 33445 l,'ax: ~ (561) 638-450 561 243-1500 6. I\r(; yon a registered voter~ 7, 'W'hlll Board (s) Rrc rou inrerested ill ~crving? Please li~t in on.lr:.r of preferellce: _ Police Advisory Board . R. Lil\l All Cit). Boardt' on which you \1J:C cLln't~llttr st'n'ing or hllV\: prt'Yiol1s1y sCl'V(;d: (Please inclu~k datcs) ...... None 9. Educatiollal qualific:Hion~: - _ Workin toward ~_high school dip-loma at Atlantic High ~.~~chool; currently ~Jl.x:QJ.led in the_ Criminal _Justice academy. lO. Lisr (lny rdaled professional c(:rri ficarJOn:; i\ntl ijcemc~ which .\"OU hold: Nqne II. (;iH' ~'()ur prCSCJH, 01' m(I:;! rccenl t'mr![)yer, ;~~(J PO~ill()l1: SJ~].1~en t a t,._A t 1 an tic. Community High School 12. T)~~~cnl.'" t.:XpCl'il:lll:l'~, ~kill~ O( kllmvl~~l,l;t ",hid, ()Ill1li(,,-i(~~, m ~('r\T (l1111~;~'I)().lfd: ()llt'~l~{, attAch n Imc'( rc.'~~;;;;0- I_.!':.!.ue.n t in creole, cun: en t 1 Y_"__Huden~_. wi th . the A tl an!; "-_';:E!!!!,!,!ni tJ': .!!;lgJ:! I Sc.~~_,?..l' s Crimina.l Just:~ce ...Ac'!.~t~~Y._ st':1_~.l:in.s_.. as.:eects.....in la!'!.. enf?:r_c.~~~!1:.~.,_ '1 j;"~Q1>1rltrs(.~ Ilan~ tlt-hE:/tl\c~ml!'lel:Cht:LQnt"118.)Ii&te~II" .lilt! 1IIId('r~I~II)(IIIl.H :il\\ Il1iS~rAlcnlllll (J( 111.11('1"1,,1 (;1(''- I "."" m.d ~'I'\)'~ f",f,'" "". "1" ,,' '''' 1''''' ,,' ,," "1'1""0)'" 3"'1" ~ .c ,"" '<I ..,($ _l. V _ "\I . ,<1I1 ('111 ;\i"I;i;;-'~,;",;;'\~-;-(1 n 1;1~II1' 'HI rill' "' lil(, ( III <.I('I'J.... ()I:']I (' ('))':1 Pll"I:J('j";~1 .~ >:t'~;'~'171'HII ill(' d;111 11 \\:1. ,dIIIIJlII.d. II ",,111 h, li,t. :1J11'lie.1l11 . Il',p,,".Jilllll\ I" "I"IJI'I'll1al,l "'111'( III ,qlpli(':III"111 'ill 111< 'I " 11'1 '1,'11 c0'd S0L.l6L.cl9Sl lOOH~S H9IH WWO~ ~I~N~l~~ 0p:0l 900c-~l-~~W f:l21 . d ll:llOl ~ 1993 2001 CITY O_F DELRA Y BEACH BOARD MEMBER APPLICATION J>1~a$(; lv )(; Or rint thc followin inform~lli()ll: 1. Last Name: Jean-Louis Name none Delra.y Beach Cdl Phone; None-- ~I. T. P Slr'1. , Z!f3~(8d3 State 7..ip Code Fl. 33483 Slfltc Zip CO! k Fl. 33445 ., /'rom(: ,\ddrcss: 610 S.l!:. 3 Avenue Altanese City De lray Beach 3. Lc~~d Rc~idencc; 6 \. 10 S,E. 3 Avenue,. City Delray Beach ~, Prir\cipal Businc:;s Address: 2455 West At1a.ntic A~enue Ciry 5. Home Phone: 561:,929-4851 Business Phone: E-Mail Addre!l!l: F<lx: 561-243-1500 None 6. Arc you a registered voter? No I f so, where arc you registered? 7. 'W'h~[ Roud($) l\rC yOll interested in SCrvil'lg? Please list in order or prefercnce: Police Advisory Boa.rd H, l.j~t all City HOl\l'ds on which you loln.: cllrrently sClying or huvc.: prcviousl)' S('l'vc.:c,L (please includc.: dates) NO~ -' 9, Edllcmiorl'illlj\llllific:l tions; -' working toward my high school diploma at Atlantic H gh ."School; currentl enrolled in th~ Criminal Justice Academy. In, Li~l Ally rdatcc.l profc~~i()11,fll ccrritlcall011" ;\ndliccnge~ which you hold: NONE II. (;j,'c,' yom present, or n1()st rccenr (,llIplo~lcr, ;111,0 p(l~iLjlJl1: Student at Atlan~ic Community High School. [,;, l)c,cribl' 'CXr('\"J~"lc'('~. :;kill, O~k'l{O~~:icdgc: Wlllc:h (]lI;lIlt\ 'r~'ll ((I "(~T"\T on ,i;l, bIJ:lnJ: (Pk,,!'c: ;l[(m:h :I hrKf~(;"tm(') . .. ...-----. -.. . ..-------...-- ..--.--..- Fluent in creole, currently a student with the Atlantic Community High I School's -C;i;;;inal Just~~~u.Aca~emy s~~~Ying -aspects i~ l::-~~f~rc~m:~~-' r...courts"'r sRd f-h:e--;-c-orrec't1-nn----gV$l"p;n:r'-.'--.,. . ------.. .. __._u .__........._.--;-.-: , , I htl'l"!l\' Cl"rlIl\ 11;11 ,ii-nil.' ab(J\T.~T,lTt'l11liTI~m"('T"i'.-'I~, :T1rol'~,l~I('(. .llId ullder,I'illi1,h:1I :1ll\'I1H~":II('11\(,1111,1111;1IITt;1I J:I("I- ! JP1 " '" , "1'1""" ", ";;;;;;,~",, ""~~':,':' "I" '" "', 1""" or ",,}' "I'r"~~ ~ "'i":' ? OOlo '/I,',\IIIU 1)\11 ". , , I". ! III . : Ii 11111 (':1111 'II wi 11 r"I1lH III ., II I i I ( 1 r 1 III (, ( II \ (, I ( 1 J. '" ( ';iT'; i.;(;; ,. .I III I'll;' j';-;j' :2 ;;";'1':' '(1"1" II "l(' ,Ia It. II'~; :I 11)11111/('(1. I: ,.dlll(' i11(' ;'1'ldit dill' 1"\ '11'111.11))111: 1'1 ('I)'lll'( i1HII :11111'1'( III "PIII1('.IIIr)lr I' 'oil lilt' " ,f,I"1 "'1\1'1'.' ~0'd S01.161.c19S1 lOOHJS H8IH WWOJ JIINl:llll:l 0p:01 900C-~1-~l:lW Date: March 14" 2006 Agenda Item No. 9\L- AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent When: March 21, 2006 Description of Agenda Item: Youth Appointments to the Police Advisory Board Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~/J ~. --- City Attorney Review/Recommendation (if applicable) ~ Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: (if applicable) City Manager Review: Approved for agenda: & / No ~ Hold Until: ' Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERm1 \ AGENDA ITEM # \0 "- ORDINANCE NO. 11-06 HEARING) - REGULAR MEETING OF MARCH 21, 2006 (SECOND READING/SECOND PUBLIC SUBJECT: DATE: MARCH 17, 2006 This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR) Section 2.4.4(E)(2), "Expiration of Approvals; Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary Subdivision Plats", to clarify the timeframes for development approvals. The City initiated amendment to the LDR's is being processed to clarify that initial approvals for Site Plans, Conditional Use Approvals, Landscape Plans, Architectural Plans, and Preliminary Subdivision Plats are valid for 24 months. Further, that if Class I, II, and III site plan modifications, or minor conditional use modifications, are made to the approval plans before they are considered established by LDR Section 2.4.4(D), "Establishment of Project", (between 25%-100% of construction completed by the approval expiration date), the modification approvals do not extend the expiration date of the original approval. The amendment does clarify that if Class IV site plan modifications, or major conditional use modifications, are made to the approved plans, before they are considered established, the approval would extend the development approval date for an additional 24 months from the date the Class IV site plan modification or major conditional use modification was approved. The clarification is being recommended to address an applicant's recent assertion that an intervening Class III site plan modification automatically extended a Class V site plan approval that was nearing its expiration date. The Class III site plan modification findings differ from those required of a Class V extension. The Class III findings require an acknowledgement that the proposed changes do not significandy affect the originally approved plan; while the extension request fIndings require the project to be evaluated pursuant to the LDR's in effect at the time of consideration of the extension request and requires compliance with such current requirements. The Planning and Zoning Board held a public hearing at its meeting of January 23, 2006. There was no public testimony. The Board voted 7-0 to recommend to the City Commission approval of the amendment 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) (Amendment to Land Development Regulations). At the first reading on March 6, 2006, the City Commission passed Ordinance No. 11-06. Recommend approval of Ordinance No. 11-06 on second and final reading. S:\City Clerk\agenda memos\Ord.l1-06 Dev Tuneframe Approvals 032106 ~~ TO: FROM: SUBJECT: DAV~.~" N, 1"'( MANAGER PAul ~ING, DIR TOR OF PLANNING & ZONING MEETING OF MARC 6, 2006 - REGULAR AGENDA CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.4 (E) (2) TO CLARIFY TIMEFRAMES FOR DEVELOPMENT APPROVALS. The item before the City Commission is approval of a City-initiated amendment to the Land Development Regulations Section 2.4.4(E) (2) clarifying timeframes for development approvals. The City-initiated amendment to the Land Development Regulations is being processed to clarify that initial approvals for Site Plans, Conditional Use approvals, landscape plans, architectural plans, and preliminary subdivision plats are valid for 24 months. Further, that if Class I, II, and III site plan modifications or minor conditional use modifications are made to the approved plans before they are considered established by LOR Section 2.4.4 (D), (between 25% - 100% of construction completed by the approval expiration date), the modification approvals do not extend the expiration date of the original approval. The amendment does clarify that if a Class IV site plan modifications or major conditional use modifications are made to the approved plans before they are considered established the approval would modify the original approval date an additional 24 months. The clarification is being recommended to address an applicant's recent assertion that an intervening Class III site plan modification automatically extended a Class V site plan approval that was nearing its expiration date. The Class III site plan modification findings differ from those required of a Class V extension. The Class III findings requires an acknowledgment that the proposed changes do not significantly affect the originally approved plan; while the extension request findings requires the project to be evaluated pursuant to the Land Development Regulations in effect at the time of consideration of the extension request and requires compliance with such current req uirements. The Planning and Zoning Board held a public hearing on this request on January 23, 2006. After presentations from Planning Staff the Board voted 7 to 0 to recommend to the City Commission approval of the amendment to Land Development Regulations Section 2.4.4(E) (2) Expirations of Approvals, Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary Subdivision Plats by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Move to approve the amendment to Land Development Regulations Section 2.4.4(E) (2) Expirations of Approvals, Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary Subdivision Plats by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: · Proposed Ordinance · Planning & Zoning Staff Report of January 23, 2006 lOA ORDINANCE NO. 11-06 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 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4(E), "EXPIRATION OF APPROVALS", TO CLARIFY TIMEFRAMES FOR DEVELOPMENT APPROVALS; 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 January 23, 2006 and voted 7 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4(E), "Expiration of Approvals", 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: (E) Expiration of Approvals: (1) Prior Approvals: Any development application approved prior to the adoption of these Land Development Regulations shall be handled pursuant to Section 1.2.2. (2) Conditional Uses. Site Plans, Landscapina Plans. Architectural Plans, Preliminary Subdivision Plats: All development approvals. includino The following shall apply to unexpired development approvals that have not been previously extended and new development applications submitted prior to March 15, 2005 and to new development applications submitted after March 15, 2005. Development approvals shall be valid for a period of twenty-four (24) months, unless a different period is specifically stated. in conditions of approval. During this approval period, the project shall be established pursuant to 2.4.4(0). This section shall not apply to extensions of development approvals. Extensions shall be governed by Section 2.4.4(F); provided, however an extension granted under 2.4.4(F) (4) shall not be considered a previous extension under this section. If the proiect is not established within the 24 months, as defined bv LOR Section 2.4.4(0) an extension may be requested pursuant to LOR Section 2.4.4(F). Approved plans that have not been established within the 24 month period shall not have their approval date extended if a Class I, II. and III site plan modification or minor Conditional use modification is submitted durinq the 24 month period. However. if a Class IV site plan modification or maior conditional use modification is submitted and approved durinq the 24 month period, this approval shall be considered a new approval and extend the development approval date for an additional 24 month period from the date the Class IV site plan modification or maior conditional use modification was approved. (3) Certificates of Aoorooriateness. Relief from Parkina Reauirements. Waivers. and Adiustments: and similar approvals which are associated with a specific development application shall remain valid for the same period as said development application. These approvals do not run with the land nor are they transferable to another development proposal. (4) the land. Abandonments. Final Plats. Variances: are final actions which run with (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. (b) A final plat may be vacated by action of the City Commission [See Section 2.4.5(L)]. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO. 11-06 Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_ ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 11-06 MEETING DATE: JANUARY 23, 2006 AGENDA NO.: III. F. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.4 (E) (2) TO CLARIFY TIMEFRAMES FOR DEVELOPMENT APPROVALS. The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations Section 2.4.4(E) (2) clarifying timeframes for development approvals. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The City-initiated amendment to the Land Development Regulations is being processed to clarify that initial approvals for Site Plans, Conditional Use approvals, landscape plans, architectural plans, and preliminary subdivision plats are valid for 24 months. Further, that if Class I, II, and III site plan modifications or minor conditional use modifications are made to the approved plans before they are considered established by LDR Section 2.4.4 (D), (between 25% - 100% of construction completed by the approval expiration date), the modification approvals do not extend the expiration date of the original approval. The amendment does clarify that if a Class IV site plan modifications or major conditional use modifications are made to the approved plans before they are considered established the approval would modify the original approval date an additional 24 months. Section 2.4.4. (E)(2) is to be amended as follows: (2) Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary Subdivision Plats: All development approvals, includinq The following shall apply to unexpired development approvals that have not been previously extended ~lnd new development appliC3tions submitted prior to Mmch 15, 2005 and to new development appliC3tiom: submitted after March 15, 2005. Development approvals shall be valid for a period of twenty-four (24) months, unless a different period is specifically stated. in conditions of approval. During this approval period. the project shall be established pursuant to 2.4.4(0). This section shall not apply to extensions of development approvals. Extensions shall be governed by Section 2.4.4(F); provided, however an extension granted under 2.4.4(F) (4) shall not be considered a previous extension under this section. If the proiect is not established within the 24 months. as defined by LOR Section 2.4.4(0) an extension may be requested III. F. Planning and Zoning Board Memorandum Staff Report, January 23, 2006 Amendment to LOR Section 2.4.4 (E) (2) , ~ ursuant to LDR Section 2.4.4 F. Class I II and III site Ian modifications or minor Conditional use modifications of approved plans that have not been established. as defined by LDR Section 2.4.4 (D) will not extend the ori inal develo ment a roval date. Class IV site Ian modifications and ma.or conditional use modifications of a roved lans that have not been established will be considered a new approval and extend the development approval date for an additional 24 months. The clarification is being recommended to address an applicant's recent assertion that an intervening Class III site plan modification automatically extended a Class V site plan approval that was nearing its expiration date. The Class III site plan modification findings differ from those required of a Class V extension. The Class III findings are that the proposed changes do not significantly affect the originally approveq plan, while the extension request requires the project to be evaluated pursuant to the Land Development Regulations in effect at the time of consideration of the extension request and requires compliance with such current requirements. LOR Section 2.4.5{M){5) (Findings): 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. The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and no specific goals objectives or policies were found_ The amendment is corrective in nature and while the amendment does not further any specific Goal, Policy or Objectives of the Comprehensive Plan it is not inconsistent with them. Courtesv Notices: Courtesy notices were provided to the following homeowner and civic associations: · Progressive Residents of Delray (PROD) · President's Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The CitY initiated amendment to LDR Section 2.4.4. (E)(2) is corrective in nature and is being proposed to clear up any confusion with respect to initial approval time periods and the status given to intervening site plan modifications to development approvals that have not been established pursuant to LDR Section 2.4.4 (D). The proposed amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan and does not diminish them. 2 Planning and Zoning Board Memorandum Staff Report, January 23, 2006 Amendment to LOR Section 2.4.4 (E) (2) 0> Move to recommend to the City Commission approval of the amendment to Land Development Regulations Section 2.4.4(E) (2) Expirations of Approvals -Conditional Uses, Site Plans, Landscape Plans, Architectural Plans by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: . Proposed LOR Amendment 3 TO: FROM: CTOR OF PLANNING AND ZONING SUBJECT: MEETING OF MAR 21, 2006 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY WORKFORCE HOUSING", SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.5 "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.3.4(J) "HEIGHT", SECTION 4.4.13(1) "PERFORMANCE STANDARDS" AND SECTION 4.1.4 "USES OF LOTS OF RECORD", PROVIDING A REQUIREMENT AND INCENTIVES FOR THE PROVISION OF WORKFORCE HOUSING. The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, includes incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. The proposed amendments to the Land Development Regulations are related to revisions in the City's Workforce Housing Program. The program is being expanded to provide additional opportunities and incentives for the provision of workforce housing. Major revisions to the program include the following: 1. Establishment of an additional workforce housing overlay district known as the Infill Workforce Housing Area. This area includes the Swap Shop property on North Federal Highway (zoned General Commercial) and all RM zoned property, east of 1-95 that does not lie within the coastal high hazard area. A maximum density of 18 units per acre is permitted in this area through density bonuses for the provision of workforce housing. 2. An increase in the maximum density from 12 units per acre to 24 units per acre within the Carver Estates Overlay District through density bonuses for the provisions of workforce housing. 3. References to the newly created Delray Beach Community Land Trust have been added. Lump sum payments for units under the Density Bonus Program are to be paid to the Trust. 4. The time which units are to remain affordable has been increased from 30 to 40 years. The above four items are addressed primarily through revisions to LOR Article 4.7 "Family/Workforce Housing." LOR Section 4.5 "Overlay and Environmental Management Districts" was modified to add the new Infill Workforce Housing Area to the list of overlay districts and revisions were made to the Section 4.4.6 "Medium Density Residential (RM) District" and Section 4.4.9 "General Commercial (GC) District" regulations to allow developments with a density greater than 12 units per acre within this area. Additional modifications were made to the RM zoning district regulations to allow relaxed development standards within the infill Workforce Housing Area and Carver Estates Overlay District for developments which provide workforce housing. \06 City Commission Documentation, March 21, 2006 FamilylWorkforce Housing Ordinances 5. Include an additional incentive to provide workforce housing units by allowing lots of record between 40 feet and 50 feet to be developed for workforce housing. This item is addressed through modification of LOR Section 4.1.4 "Use of Lots of Record" to allow currently unbuildable lots of record with frontage between 40 and 50 feet to be developed for workforce housing. The lots must be at least 4,000 sq. ft. in size, be located in the R-1A, RL or RM zone districts, meet the applicable setbacks (side setbacks are reduced to 5') and other development standards in the zoning district as well as meet typical designs represented by sketches within LOR Article 4.7 "Family/Workforce Housing." 6. Requires workforce housing to be provided where increases in density are requested in the CBO zone district. This item is addressed through modification of LOR Section 4.4.13(1) "Performance Standards." These performance standards must be addressed as part of the Conditional Use process to allow development with a density in excess of 30 units per acre within the Central Core area or in excess of 12 units per acre in the West Atlantic Neighborhood. Language has been added which requires developments to provide 20% of the additional units (above 30 units per acre) as workforce housing units, divided equally between low and moderate income levels. 7. Requires workforce housing to be provided in cases were increases in height are requested. This item is addressed through modification of LOR Section 4.3.4.(J) "Height.". This section deals with requirements which must be addressed to increase height above 48 feet. Language has been added to require developments which increase the intensity by adding an additional floor to provide workforce housing. At least 20% of the additional residential units must be divided equally between low and moderate income levels. The Planning and Zoning Board considered the proposed ordinances at their meeting of February 27, 2006. There was one member of the public that spoke in support of the amendment and after reviewing the staff report, the Board voted 7 to 0 to recommend approval of the related ordinances. By motion approve on first reading Ordinance Nos. 16-06,17-06,18-06,19-06 and 20-06 which implement City-initiated amendments to Article 4.7 "Family Workforce Housing", Section 4.4.6 "Medium Density Residential (RM) District", Section 4.4.9 "General Commercial (GC) District", Section 4.5 "Overlay and Environmental Management Districts", Section 4.3.4(J) "Height", Section 4.4.13(1) "Performance Standards", and Section 4.1.4 "Uses Of Lots Of Record" of the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: · Proposed Ordinances 2 [IT' DF DElRAY IEA[H CITY ATTORNEY'S OFFICE 2()()!\W 1st AVENI T . DELRAY BEACH, FLORIDA 33444 TELEPHONE: )('1/2-l~~j()()(). FACSIMILE: S61/278~47SS DELRAY BEACH Writer's Direct Line: 561/243-7091 F LOR I 0 ^ DaI.III All-America City , 1111(: DATE: MEMORANDUM March 8, 2006 1993 TO: 2001 City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinances 16-06, 17-06, 18-06, 19-06 and 20-06 Amending Land Development Reaulations Pertainina to Workforce Housina A Summary Description of the ordinances is provided to assist you in analyzing each ordinance. 1. Ordinance 16-06 modifies Section 4.3.4(J)(4)(b) which requires that if any increase in height is provided, it must accommodate residential units on the top floor and also provide workforce housing units equal to 20% of the residential units on the top floor elsewhere within the development with no more than 50% of the workforce units being for moderate income levels and requires that two of three additional criteria be met. The three criteria include (a) increased setbacks (b) making 50% of the ground floor building frontage consisting of non-residential units (excluding parking) (c) that open areas such as court yards, plazas and landscaped setbacks be provided to add interest and relief from building mass. 2. Ordinance 17-06 makes sure that RM Zoning District properly includes references to aspects of the Workforce Housing Ordinance for RM zoned properties that are part of the workforce housing overlay districts. 3. Ordinance 18-06 modifies the Workforce Housing Ordinance, Article 4.7 of the L.D.R.s. It establishes an additional workforce housing overlay district known as the Infill Workforce Housing Area, located east of 1-95 and west of the Intracoastal outside of the coastal high hazard area for properties predominantly zoned RM. It provides for the use of dormers, porches and other architectural features. It provides that the Infill Workforce Housing Area Overlay District density shall not exceed 18 units per acre. It strengthens the covenants and restrictions reqUiring the workforce housing restrictions to remain in effect for 40 years instead of 30 and applies the requirements to resales, conversions of rentals to owner occupied property and provides for notice to the City. The ordinance references other incentives such as the ability to use lots of record of at least 40 feet for workforce housing as long as certain designs are used and other criteria is met. The designs are included in the ordinance. 4. Ordinance 19-06 amends Section 4.4.13(1)(1), which regulates densities and requires 20% of all residential units to be workforce housing for densities in excess of 30 du/acre in the commercial core or over 12 du/acre in the West Atlantic Avenue Neighborhood with no more than 50% of the workforce housing units to be for moderate income levels occupants. 5. Ordinance 20-06 amends Section 4.1.4, "Lots of Record" to permit the use of 40 foot lots of record with a minimum of five feet side setbacks, if necessary to use designs that are set forth on Pages 25-31 of Ordinance 18-06. Other amenities are also required such as front porches and other architectural features. Please call if you have any questions. Attachments Cc: David Harden, City Manager Paul Dorling, Director of Planning and Zoning Lula Butler, Director of Community Improvement Diane Colonna, Director of the CRA Joe Gray, Assistant Director of the CRA Dorothy Ellington, Housing Authority Director Ron Hoggard, Senior Planner Revised 3/9/06 Reprinted 3/14/06 ORDINANCE NO. 16-06 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 DELRAY BEACH, AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.4(J) "HEIGHT" SUBSECTION 4.3.4(J)(4), "INCREASES TO HEIGHT REGULATIONS", BY AMENDING SUBSECTION 4.3.4(J)(4)(b), "ALLOWANCES", TO PROVIDE FOR MODIFICATIONS TO PERFORMANCE STANDARDS AND TO REQUIRE WORKFORCE HOUSING; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS 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 February 27, 2006 and voted 7 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 Article 4.3, "District Regulations, General Provisions", Section 4.3.4(J), "Height", Subsection 4.3.4(J)(4), "Increases to Height Regulations" by amending subsection 4.3.4(J)(4)(b), "Allowances", to read as follows: (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 "D" - 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. (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Watervvay, 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 2 ORD NO. 16-06 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 situation: (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. Workforce housino units, equal to twenty percent (20%) of the residential units on the top floor, shall be provided within the development (fractions shall be rounded up). The workforce housino units shall be divided between low and moderate income levels with no more than 50% of the workforce housino units to be for moderate income levels and shall complv with other applicable provisions of Article 4.7. (2) An increase in intensity is 3110wed when there is a transfer of developmont rights pursu3nt to Section 4.6.20. (iii) That the increase in height is b3sod on or '.viII rosult in two, or moro, of the f-ollmving shall be allowed if two or more of subsections 4.3.4(J) iii(1), (2) or (3) are met: (1) Th3t workforce housing is providod \vithin the devolopmont in 3 m3nnor consistent with the provisions of Sections 4.7.5 (3) 3nd (d); (2) That 50% or gro3tor of 3n 3ro3 of tho ground floor is devotod to p3rking 3nd vohicul3r tr3ffic circulation; tJt-ill 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 3 ORD NO. 16-06 lines (Le., 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; and, t41 ill That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). m That open areas. such as courtyards. plazas. and landscaped setbacks. be provided in order to add interest and provide relief from the buildinq mass. Section 2. That should any section or provision 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 4 ORD NO. 16-06 Rev. 3/14/06 ORDINANCE NO. 17-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(0), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ADDING SUBSECTION 4.4.6(D)(13) TO INCLUDE REFERENCES TO APPLICABLE WORKFORCE HOUSING OVERLAY DISTRICTS; AMENDING SUBSECTIONS 4.4.6(F), "DEVELOPMENT STANDARDS", 4.4.6(G), "SUPPLEMENTAL DISTRICT REGULATIONS" AND SUBSECTION 4.4.6(H), "SPECIAL REGULATIONS", TO ADD ADDITIONAL WORKFORCE HOUSING OVERLAY DISTRICTS; AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(D) CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING SUBSECTION 4.4.9(D)(19) TO INCLUDE AN INCENTIVE TO BUILD WORKFORCE HOUSING UNITS; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", BY ENACTING SUBSECTION 4.5.12, "INFILL WORKFORCE HOUSING AREA"; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS 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 February 27, 2006 and voted 7 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 Section 4.4.6 "Medium Density Residential (RM) District", Subsection 4.4.6(0), "Conditional Uses and Structures Allowed" is hereby amended by adding Subsection 4.4.6(D)(12) and (13) to read as follow: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1) Adult congregate living facilities and continuing care facilities. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (3) Child care and adult day care. (4) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (5) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (6) Convalescent homes, homes for the aged, nursing homes, and rest homes. (7) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (8) Single family detached residences in zero lot developments. (9) Yacht club with facilities. (10) Dock master facilities when associated with a multi-family development which has a marina (11) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road AlA, or (b) south of Casurina Road, north of Bucida road, and east of State Road AlA. 2 ORD. NO. 17-06 (12) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of ~ twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. (13) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Carver Estates Overlay District as defined in Section 4.5.11 and up to a maximum of eiqhteen (18) units per acre within the Infill Workforce Housinq Area. subiect to the provisions of Section 4.4.6(1), and Article 4.7. Section 2. That Section 4.4.6, "Medium Density Residential (RM) District", Subsections 4.4.6(F) "Development Standards", 4.4.6(G) "Supplemental District Regulations" and 4.4.6(H) "Special Regulations" shall be amended to read as follows: (F) Development Standards: (1) The provisions for the R-1-A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi-family development, except as modified herein. (3) Southwest Neighborhood and, Carver Estates, Overlay District~ and Infill Workforce Housinq Area Development Standards: The following development standards apply to duplex and multi-family development in the Southwest Neighborhood Overlay District. Carver Estates Overlay District, and the Infill Workforce Housinq Area 3& defined in Section 1.5.9, which is being developed pursuant to regulations set forth in Article 4.7, "Family/Workforce Housing" . (a) Setbacks: fI7ill tH7f21 fHt7m Front: Side (Street): Side (Interior): 1 and 2 story 3 story 15' 15' 10' 15' 3 ORD. NO. 17-06 tf\1 (!) Rear: 1 0' (b) Setbacks for Garages, Carports and Porte-Cocheres: Garages, carports and porte-cocheres must have a minimum 20' setback when the entrance faces a public street or alley. (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot occupy more than 50% of the building frontage and cannot be enclosed in any manner. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the RM zone district. (1) Southwest Neighborhood. and Carver Estates Overlay Districts and Infill Workforce Housinq Area: The following supplemental district regulations shall apply to duplex and multi-family development in the Southwest Neighborhood Overlay District as defined in Section 1.5.9, Carver Estates Overlay District and the Infill Workforce Housinq Area, which is being developed pursuant to regulations set forth in Article 4.7, "Family/Workforce Housing". (a) Parking in the front yard is discouraged. No parking shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When garages are provided in the side or rear yards, on-street parking must be provided. (H) Special Requlations: (1) A minimum density of six units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.6(1). In no event shall a development's total density exceed 12 units per acre, except within the Southwest Neighborhood Overlay District. Carver Estates Overlay District,and the Infill Workforce Housinq Area as allowed by Section 4.4.6(0)(12) and 4.4.6(D)(13). The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (Le. RM-8 limits the density to eight units per acre). To seek a density greater than allowed by the suffix, it is necessary to rezone the property. (2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(I)(3)(b). 4 ORD. NO. 17-06 (3) Recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. (4) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (5) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. (6) Density Bonuses. Density bonuses may be granted to eligible properties governed by regulations set forth in Chapter 4, "Zoning Regulations", "Family/Workforce Housing" as discussed below: (a) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housinq Area: Density bonuses above 12 units per acre may be granted as a Conditional Use to eligible properties within the Southwest Neighborhood and Carver Estates Overlay District~ defined in Section 4.5.9 and 4.5.11. respectively. and within the Infill Workforce Housinq Area, Section 4.5.12. subject to the regulations set forth in Chapter 4, "Zoning Regulations", and Article 4.7, "Family/Workforce Housing". (b) S.W. 10th Street 3nd C3rvor Estates Overlay Districts: Within the S.W. 10th Street and C3rver Est3tos Overlay District defined in Section 4.5.10 3nd 1.5.11, in addition to the performance standards listed in Section 4.4.6(1), increases to a project's density beyond six (6) units per acre is subject to the regulations set forth in Chapter 4, "Zoning Regulations", and Article 4.7, "Family/Workforce Housing". Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D), "Conditional Uses and Structures Allowed" is hereby amended by adding Subsection 4.4.9(D)(19) to read as follows: 5 ORD. NO. 17-06 (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(1). (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(0). (2) Amusement game facilities. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. (6) Drive-in Theaters. (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (14) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station. (15) Veterinary Clinics. 6 ORD. NO. 17-06 (16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (17) Adult Gaming Centers. (18) Churches or places of worship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care. (19) Multiple family residential development may exceed twelve (12) units per acre. UP to a maximum of eiqhteen (18) units per acre within the Infill Workforce Housinq Area. subiect to the provisions of Section 4.4.6(1), and Article 4.7, and subiect to the requirements of the RM District except for setback and heiqht requirements, which shall be pursuant to this Section. Section 4. That Section 4.5.12, Infill Workforce Housing Area is hereby enacted, and 4.5.12 is hereby renumbered to read as follows: Section 4.5.12 The Infill Workforce Housinq Area (A) Defined: The Infill Workforce Housinq Area is located west of the Intracoastal Waterway and east of 1-95 as shown on the map in Section 4.7.1(1) of the Land Development Requlations. Section 4.5.~~ North Beach/Seagate and Ocean Neighborhood Overlay Districts: (A) General: With the adoption of the City's Comprehensive Plan Amendment 99-01, Housing Element Policy A-12.4 was modified to state the City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. In accordance with this policy, a Design Manual was prepared for the single family zoned properties, east of the Intracoastal Waterway, and was adopted by the City Commission on January 4, 2005. This section is created to adopt and implement the provision of the North Beach and Seagate Neighborhoods Design Manual. All development within the North Beach/Seagate and 7 ORD. NO. 17-06 Ocean District Neighborhood Overlay District, as defined in Section (B) below, shall take place according to the provisions of the manual adopted herein and included as an exhibit hereto. (B) Defined: (1) North Beach/Seagate Neighborhood Overlay District: The North Beach/Seagate Neighborhood Overlay District is hereby established as the area zoned Single Family Residential (R-1), located north of East Atlantic Avenue, south of George Bush Boulevard, east of the Intracoastal Waterway and west of North Ocean Boulevard (State Road A-1-A) together with the entire Seagate Neighborhood generally located south of Bucida Road, north of Lewis Cove, between the Intracoastal Waterway and south Ocean Boulevard (State Road A-1-A), less Lots 35 through 45, Block 5, of the plat of Seagate Extension. The regulations established in Section 4.4.3(E)(4), 4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay District. (2) Ocean Neighborhood Overlay District: The Ocean Neighborhood Overlay District is hereby established as the area located east of Ocean Boulevard (State Road A-1-A), zoned Single Family Residential (R-1). The regulations established in Sections 4.4.3(E)(4), 4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay District. Section 4. That should any section or provision 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective 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 First Reading MAYOR Second Reading 8 ORD. NO. 17-06 Revised 3/14/06 ORDINANCE NO. 18-06 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 ARTICLE 4.7, "FAMIL Y/wORKFORCE HOUSING", PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT FAMIL Y/wORKFORCE HOUSING; CREATING AN ADDITIONAL DISTRICT ENTITLED "INFILL WORKFORCE HOUSING AREA"; PROVIDING A REQUIREMENT FOR THE PROVISION OF WORKFORCE HOUSING WHERE INCREASED HEIGHT AND/OR DENSITY IS REQUESTED AND ALLOWED; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Family/Workforce housing affordable to citizens of Delray Beach is needed in the City; and WHEREAS, the Community Redevelopment Agency conducted a study entitled "Exploring a Community Land Trust for Delray Beach", dated July 19, 2004 which studied the need to preserve lands for workforce housing; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 27, 2006 and voted 7 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, Florida, 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. The recitations set forth above are incorporated herein. Section 2. That Article 4.7, "Family/Workforce Housing", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: SECTION 4.7 FINDINGS (A) The City Commission has determined that there is a severe housing shortage in the City of Delray Beach that is affordable to the everyday working families and citizens of the City; and (B) Florida Statutes ~ 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing ordinances not withstanding any other provision of law; and (C) The City Commission recognizes that there is a growing gap between housing costs and wages in the City; and (D) The City of Delray Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for moderate and lower income persons in the City; and (E) The City recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable City having the character and sense of a community where people can live and work in the same area; and (F) The City is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector; and (G) The City Commission has adopted the Southwest Area Neighborhood Redevelopment Plan and Comprehensive Plan changes recognizing the need to redevelop the Southwest Neighborhood in a manner that preserves the neighborhood and provides workforce housing. 2 ORD. NO. 18-06 (H) The City Commission desires to establish an additional workforce housinq overlay district known as the Infill Workforce HousinQ Area for certain properties located west of the Intracoastal and east of 1-95. outside of the coastal hiQh hazard area and as depicted on the map attached and made a part of Article 4.7. (I) The City Commission also desires to establish additional incentives to encouraQe additional Family/Workforce HousinQ. SECTION 4.7.1 DEFINITIONS a. Adjusted Median Income (A.M.I.) - The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. b. Affordability Controls - Restrictions placed on dwelling units by which the price of such units and/or the income of the purchasor or lessee will be restricted in order to ensure that the units remain affordable to very low, low, or moderate income households. 3 ORD. NO. 18-06 C. Carver Estates Overlay District - The area shown on the map below. - - ~>-s.w. 41H ST. - I\I~I.I II - I DELRA Y - I - FULL SERVICE - S.W. 4TH ST. - .-- CEN TER - . ~ ~ ~ l>: _l>: <( '-- -~ <( AUBURN CIRCLE NORTH - [JD - iE I- "- -iE iE Vl -~ ~ :! ~ w HAmAN - ...J U - l>: CA THOLlC ~ ~ u -~ vi vi CHURCH I Vl ;;;;;;:- ~ Sl. r--- S.W. 6TH ST. ~ S~:G If~RN OR. ~ U ,:J'" ~~ z z ,.. ~ l>: ::> CD CD ::> ::> <( <( @.-~ '--------' ~..;j J AUBURN CIR. S. ~ CEN TER AUBURN S.W. 7TH ST. ~ - TERR. SO. S. W. 7TH ST. - - ==== - CARVER ESTA TES - iE .- ~ - ~ ==== Cl:> <(- <( - ~ - - f-- ==== BIH f-- S.W. TH CT. == S.W. :::>,. I - iE iE -. '" It) ~ - l>: ~ ~- I - - -'" <( <( ~ <( <( - S. W. 9TH ST. - f-- - iE - j!:f-- -j:!: j:!:- DELRA Y BEACH ~ ... -f-- -::: ~- MEMORIAL vi ~ ==== ~ - - - GARDENS vi ==== vi - f-- S.W. 9TH CT. f-- - - ==== - ~f-- [ITJ ~ .f-- - vi f-- -~ ~- vi f-- vi vi- '---L....- S.W. 10TH STREET ~ -1A~ - L~ ~ITIIIIIIIIIJ <( <( ~ ~ - ~sr ~f:J' j:!: j:!: @ *'~ ~~ l ~ 0> Cl:> ~ ~ Q.~~ Q.~ ~ f fl; cv I- ~ ~ / vi ~ vi vi vi 4 ORD. NO. 18-06 d. City - The City of Delray Beach, Florida. e. Community Dc\'elopment Block Grant (CDBG) Target Area The 3m3 shown in the m3p below. fg. CRA - The Delray Beach Community Redevelopment Agency. 91. Density Bonus Program - The Density Bonus program is an incentive program intended to encourage developers to build affordable owner-occupied and rental housing within Dolr3Y Be3ch's Community Development Block Gr::mt (CDBG) target area the City of Delray Beach. The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Ag. Density Bonus Unit - An additional dwelling unit added above the base number of units authorized once performance standards have been applied and the density has been computed under existing codes. ih. Development - A housing development at one location including dwelling units for which approvals have been granted. ii. Eligible Occupant - A person who qualifies for participation in the program. Priority will be given to persons who have lived or worked within the City limits of Delray Beach continually for one year immediately prior to the date of application for a workforce housing unit related to the Density Bonus Program and who qualify for participation in the program. k1. First Time Home Buyer - A person who has not held ownership in a residence within the past three years. Ik. Household - A single person living alone, or two or more persons sharing residency, with a combined income available to cover household expenses. ml. Infill Workforce Housina Area - The area located west of the Intracoastal Waterway and East of 1-95. outside of the coastal hiQh hazard area. as depicted on the maps below: 5 ORD. NO. 18-06 ~ Infill Workforce Housng Area - - - - - crrvU.tTS - ---- - _ 18 Units Per Acre Z,j Coastal High Hazard Area CITY OF DELRA Y BEACH, PL PLANNING &. ZONING DEPARTMENT No~ 200S Mal> Re': LM4194B . - DIGiTAl. SASE ~p SYSl'fM.. 6 ORD. NO. 18-06 ~ Infill Workforce Housing Area - - - - -CITYUMITS -- - -- _ 18 Units Per Acre :~;;ill Coastal High Hazard Area C/TYOF OELRAYBEACH, FL PLANNfNG & ZON~VG DEPARTMENT NoVflmber 2005 Map Ref: OM 1948 . .DIG!TAL BASE IMP SYSTEU.. 7 ORD. NO. 18-06 n:: ci ~ C/j cj . ., ~ ',' 0 , .' :z Infill Workforce Housing Area ~ - _. - - . CTytl"HS - - - - - _ 18 Units Per Acre ~;~~:;j Coastal High Hazard Area CITY OF DE'~RAY BEACH, R. PtANN/NG,& ZONfNG DEPARTMENT t~mbe. 2005 Map Ref:UM1948 H DlGlTAL BASE IJAPSYSrEf,f.. m. Low Income Household - A household with a gross, combined income between 61 % and 80% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). 8 ORD. NO. 18-06 en. Moderate Income Household - A household with a gross, combined income between 81% and 120% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). RO. Other Workforce Housina - Workforce HousinQ is required in areas covered by Land Development ReQulations Section 4.4.13(1), where the density is increased: and by Section 4.3.4 (J)(4)(b), where a fifth floor is added to the buildinQ. 9-:-..Q:. Southwest Neighborhood Overlay District - The area zoned RM between Interstate 95 and N.W. 1st Avenue, and Atlantic Avenue to S.W. 2nd Street as shown in the map below. L : I.. , POIJPcY I 'i' '\. .... . , I \ ' , I' PARK ...... I . ' . .1 1 " .... ; I.:..... " j ___}-. \ _ ___u__ J ~ ,I, " ,-----1 L ; ,. ., ,I :.,oo:. .'. CiTY '; i _--u-__--: _ 1 \'" . I . . ,[ .. . )'1....' . .. ~ LI:iI,=~_Jt~,. JLJ 0\ \~\JcL~-LDJj[;p .... l~L_ L)_"~~ lJ~J~:LJ ~..l I;~ I. . [ \ '\'rll"''''~n nl'."''''' , I~ '~., 1.llf 'nn [ 'I' ---'---'.n' ~'IClnrJ'" I . jD' ~ I' . I ..., I '.'.11 ,..... ......... ....., I . :)... . I .' 'I L.:--- .... ,.... I I '. . ' .......' '" '.-..<. ~.......--!< .- . II r ' . ! \\\ ~15, 1......f.;I, Il + It.'f",..........",IU.,....,.LJi . J J...l.-l'~,.15; rtJ,'O...D,.."".Ji 'I, Iljl~~~ 'I ,=1 "'/:::;:,rr ~"..L. j I J I ~L~-1_'~~~:, LL, ,. I ,'1 Il'~1 I ,UI, Ir~J I~~'I'. t' .. \ L-~i I ' n , ,D, r-.. ]1 it J. .'....'.'J.',. NO...". '".....L_J_.J.. L_.._~_..._.......J.,.,'..L-.,...._... "'., " ..L., -,lS:... ......_......J c-... L~.~_.. ~_... ~.~"" '.-'.. ._....... . .... A T L A "I TIC A V E N LI E ......... r---l ""-'!:? - (---: -T'] \' ..-] ~ci.-soun~ [~('~ L-J J '{/ L... I I ~ I ~ 1.0000PLEX CO/.JNIY, ~-~,..~ L 1 I " . , ' COURT I l~~"l "',i, . , II ~ [~I ,([ . I 'I ,- if.'llrl.Lln..D '~ ., [, .1 'L"[ r /! f ... ..~ ,.-1L-J ...c; ,T-~~ ' /Ii/ I , '~~.-f: I' I ' II ' r: I" II I'll; , III. 'J'. ., ! 11/' Ij! q, 1 !~ ~ !tJLJ~ , I 9 ORD. NO. 18-06 Southwest 10th Street Overlay District - The area at the Southwest corner of Swinton Avenue and 10th Street as shown in the map below. sw 10TH ;_....:.I~= ..........--.- PINE: GRO<fC .... .... _ .. '=' ~i ~!= =, ~ ~,".. -::'.7; F~ .. ... FAU RIDGe · T I : 'Ii ?tJ '. ".",,~~" , IlY! .' ~ ..=.~.::= . ( >:\'V.?"' --= f};5L 1 I .1__. ....II-II--j 1111: .J.!. ~7, __ ~ r-r- ............ ....... I........ II........ ._~.... .. . r- l'-) ._-~- ~-~.+--- Ii. :' . ,'- ---( . .. i: .:. iT s.w. . I : .:! . I : i I: I I , I l i I .1 :: . .. .. . . . . 7' r UN7a< ~.F RIDCF: CCNOO ~tt x~ " BE , t;' !~ , , I I ~Llf~~t~tJ;Lc:x l ~UU,b ~" l ..: '::"1' A ~ D.'........ ---IT~n...............................,:-I~ F I ' I il"lludJ fir lr~J ..... ~.. D.-~i ~.. T. I'! .c".... -=- - "- - ~ '- I U ......~. .J:,. ... ~I'- """"'/ U~'-~""~:Jn..~..............I"= I..~- ..~........ ~':".: _ cg~~:.s ......:.. ................ I:::::::: I :mm HR T' ~. . nlll ':'EI30[J~~~ -;-" / :~ = '~~I ST. n OOr S.E.. ST. I · M",' f)../'''r= I.... fE7~ ' .... I~ P<-OCC ~ FJ~ i.::~ I::: . . ..... .... C(]Nl)O$ fi, 1__ T t~ i :.. ,,,"',,.,, llWI..m S.!:. 12lH RD. -- ! ! ! ! ~r ..~ w I m:cunl€ ... QUARTE:RS l:r ....../b ~l' , " ~O' i:' H~ ~ ". ~. DOMAIN< '- DHRAY LINTON TFWSS ! ~.1 THE: PLAZA AT DElRA Y 8iW~~ ~-~-_.: COUNTY I . SANITA 1/00 I ~9 LINTON (S WOODS ~ Itflc~ J~"~~1 <f7 '<. OW HARBOUR . \ PlAZA 8 0 U LEV A R D ~ / / NA1'fCJHS BANK LlNU')N ceNTER . SE.ClJRlTY ..... ... . ..... I HARBOURS EDGE: SElF STORAGE: oor: UN TON I E!L>1J. I III \ LINTON . 10 ORD. NO. 18-06 {t--L. Very Low Income Household - A household with a gross, combined income not exceeding 60% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Authority). f.;.s. Workforce Housing Unit - A dwelling unit for which the rent or mortgage payment (including principal, interest, taxes and Insurance P.I.T.I.) does not exceed 35% of the gross income of households that classify as very low, low, or moderate income households and meets the other requirements of the Family/Workforce Housing Program. SECTION 4.7.2 APPLICABILITY Except as otherwise provided in this ordinance, these regulations shall apply only to development applications consistent with the following conditions: a. Subiect to restrictions contained in this Article, GQevelopment must be located within the established Southwest Neiqhborhood Delray Beach Overlay District, the South\\'est 10th Street Overlay District, 9f the Carver Estates Overlay District. or the Infill Workforce Housinq Area to qualify for participation in the Density Bonus Program set forth in this Article 4.7. b. Subiect to the restrictions of this Article. developments constructed pursuant to Section 4.3.4(J)(4)(b)ii(1) must provide workforce housinQ to Qualify for an increase in heiqht. c. Subiect to the restrictions of this Article, developments constructed pursuant to 4.4.13(1) must provide workforce housinq to Qualify for increased densitv. ~ d. In order to qualify for a density bonus, a project must consist of at least five new or substantially rehabilitated dwelling units. The HUD definition shall be used to determine whether there has been substantial rehabilitation. In addition. the units must contain desiqn features. such as. but not limited to. front porches, eyebrows. outriqqers. qables, dormers. arbors, trellises, shutters, balconies. decorative vents, sidinq, textured stucco finishes, undulatinq facades and other such appropriate architectural features. 11 ORD. NO. 18-06 (T. e. The developer or responsible party must provide relocation assistance at a minimum of $2,500.00 per each household to very low and low income residents that 8f8 is displaced as a result of the proposed project. S-: i I n the Southwest 10th Street Overlay District and in the Carver Estates O'.'erlay District, at least twenty percent of all residential units must be workforce housing units-;- that are affordable to very low, or low. or moderate income families. q. The Carver Estates Overlav District. the Southwest Neiqhborhood Overlav District. and the Infill Workforce Housinq Area shall contain units that are affordable to very low, or low, or moderate income families. h. Developments which must provide workforce housinq pursuant to Section 4.3.4(J)(4)(b)ii(1) or Section 4.4.13(1) shall contain units that are affordable to low or moderate income families. SECTION 4.7.3 PROVISION OF WORKFORCE HOUSING UNITS Developers will be awarded density bonus units (additional market rate units), beyond the base number allowed per existing zoning ordinance after performance standards have been met as an incentive to provide affordable housing unit, subject to the limits and requirements of this chapter. a. Developers may earn bonus units by building housing for very low, low or moderate income families within the designated boundaries of the Overlay Districts and Infill Workforce Housinq Area described in this article. b. All development shall meet the requirements for units as specified in this chapter and meet all required Land Development Regulations. c. Workforce units shall include those units in a development, which are regulated in terms of: i. Sales price or rent levels; and ii. Marketing and initial occupancy; and 12 ORD. NO. 18-06 iii. Continued requirements pertaining to resale or rent increases. SECTION 4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT: THE CARVER ESTATES OVERLAY DISTRICT AND THE INFILL WORKFORCE HOUSING AREA Developers of property in the Southwest Neighborhood Overlay District. the Carver Estates Overlay District and the Infill Workforce Housino Area, that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. a. The size of the bonus varies based on several factors including: i. Affordability (i.e., homes affordable to very low, low, or moderate income families) ii. Home Size (i.e., workforce housing units with four or more bedrooms are awarded larger bonuses) iii. Ownership versus Rental (i.e., larger bonuses are awarded for workforce housing units offered for sale to low and very-low income families and larger bonuses are awarded for ownership versus rental units.) b. To be eligible for bonus units, developers must meet one or more of the following criteria: i. A designated number of the total units are restricted to very low income households, and/or ii. A designated number of the total units are restricted to low income households, and/or iii. A designated number of the units are restricted to moderate income households c. Workforce housing units may be located off-site provided the off- site location chosen is within the Delray B03ch CDBG t3rget 3rea City of Delray Beach. 13 ORD. NO. 18-06 d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT. THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT OPTION SALE NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 4 3 2 VERY LOW 60% LOW 80% - 61 % MODERATE 120% - 81 % OPTION RENT NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 3 2 1 VERY LOW 60% LOW 80% - 61 % MODERATE 120% - 81 % LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart e. Instead of or in addition to providing workforce housing units, developers may also accrue bonus units by contributing to a housing trust fund the Delray Beach Community Land Trust that will be utilized to subsidize workforce housing in the CDBG t~rgot ~ro~ City of Delray Beach. Developers may earn one bonus unit for each payment of a sum equal to $60,000, payable to the F~mily/VlJorkforce Housing Delray Beach Community Land Trust. f. Also, instead of or in addition to providing workforce housing units, developers shall earn bonus units by donating land (buildable lots) in the CDBG area of in the City Delray Beach to be used for workforce housing. The appraised value of donated land will be valued in accordance with subsection e. above and may be prorated. The appraisal shall be obtained by developer at developer's cost. 14 ORD. NO. 18-06 g. The maximum total density of a development in the Southwest NeiQhborhood Overlay District and the Carver Estates Overlay District shall not exceed 24 units per acre. The maximum total density of a development in the Infill Workforce HousinQ Area shall not exceed 18 units per acre. All other Workforce HousinQ Area densities shall be limited to the maximum allowed in the zoninQ district and as set forth elsewhere in the Land Development ReQulations. SECTION 4.7.5 DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10th STREET OVERLAY DISTRICT AND THE CARVER ESTATES OVERL1\ Y DISTRICT Developers of property in the Southwest 10th Street Overlay District and the Carver Estates Overlay District shall develop the properties to afford a minimum of twenty percent of the residential units as workforce housing units. a. The twenty percent that are developed as workforce housing units must contain units that are affordable to very low, low or moderate income families. b. In the Southwest 10th Street and Carver Estates Overlay Districts, the maximum density allowed is the maximum zoning density allowed in the zoning district. To obtain the maximum density allowed in the zoning district, not only must a minimum of twenty percent of the residential units be developed as workforce housing, but all the performance standards that allow increased density shall also be substantially met. c. Workforce housing units may be located off-site provided the location chosen is within the CDSG 3ma of the City of Delray Beach. d. All sections of Chaptor Article 4.7 apply to the Southwest 10th Street 3nd Carver Estatos Overlay Districts... except for Sections 4.7.4,4.7.11 and 4.7.12. 15 ORD. NO. 18-06 SECTION 4.7.6 RENTAL HOUSING UNITS a. A covenant shall be recorded in the Public Records specifying the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. b. Units targeted to very low income households under the 60% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed 100% of the HUD determined fair market rent for the area. c. Units targeted to low income households at 61 % to the 80% affordability level of the Palm Beach County median income, adjusted for family size shall not have rental rates that exceed 120% of the HUD determined fair market rent for the area. d. Units targeted to moderate income households at 81 % to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not exceed 140% of the HUD determined fair market value. e. No workforce house units shall be offered for rent to the general public until all requirements of this section are met. t All Restrictive Covenants shall meet the requirements of this Article and are subiect to approval of the City Attorney, SECTION 4.7.7 FOR SALE HOUSING UNITS a. All deeds shall include the restrictive covenants applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to Section 4.7 of the Land Development Regulations of the City. b. All purchasers of workforce housing units shall be very low, or low or moderate income households; provided, however, in exceptional circumstances when persons in households above the moderate income level are displaced due to redevelopment or catastrophic events, the persons so affected shall also be eligible for workforce housing. Under these circumstances, the Density Bonus Allocations under Section 4.74 shall be for moderate income households. 16 ORD. NO. 18-06 c. Owners of workforce housing units shall be required to occupy the unit unless evidence is presented indicating that the owner is unable to continuously occupy the unit due to illness or incapacity. d. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of opening of escrow. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which are in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the City/CRA, or their designee. e. Sales prices for workforce housing units will be calculated on the basis of: i. The sales price of a new structure for low and very low households may not exceed the maximum price established by the Community Improvement Department under the approved Local Housing Assistance Plan (LHAP). ii. For moderate income households, the maximum price shall be established by the Community Improvement Department based on a formula that considers the prevailing mortgage interest rates, as approved by the City Commission by resolution. f. No workforce housing units shall be offered for sale to the general public until all requirements of this chapter are met. 9:. All Restrictive Covenants shall meet the requirements of this Article and are subiect to approval of the City Attorney. 4.7.8 RESALE AND SUBSEQUENT RENTALS OF AFFORDABLE UNITS To maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County: a. All workforce housing units shall remain affordable for a period of no less than tmfty forty fJQj (40) years commencing from the date 17 ORD. NO. 18-06 of initial occupancy of the unit:-, subiect to the limits set forth in this section and Section 4.7.9. b. All workforce housing units must be rented or sold to eligible households. There shall be no provisions for releases from the sale or rental of workforce units to eligible households. Workforce housing units may be resold to non-eligible households only when the restriction expires. c. Deed restrictions or restrictive covenants and/or bylaws designed to ensure continued affordability shall be embodied in legally binding agreements meetinq the requirements of this Article, which shall be approved by the City Attorney prior to recording. d. Workforce housing unit resales shall be limited to households of the same category relative to income. e. The sales price of workforce housing units may not exceed the upper limit of affordability for the income category to which the unit was originally assigned. f. Transfers of title under the following circumstances shall be allowed, and are not subject to the restrictions included in this program: i. Transfers by inheritance to the purchaser-owner's spouse or offspring, or; ii. Transfers of title to a spouse as part of a divorce dissolution proceeding, or; iii. Acquisition of title or interest therein in conjunction with marriage. g. No resales of workforce housing units shall be completed until the requirements of this chapter are met. 4.7.9 GENERAL PROVISIONS a. If not located offsite, all workforce housing units constructed or rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no 18 ORD. NO. 18-06 less accessible to public amenities, such as open space, as the market-rate units. b. Workforce housing units, if located within a market rate unit development or located offsite, shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HV AC systems and appliances with market rate units and provide them as standard features. All workforce housinQ units shall contain comparable square footaqe to the correspondinq market-rate unit. c. The developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. The following conditions must be met: i. The proportion of 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. ii. The proportion of 3 bedroom workforce units to total workforce units must meet or exceed the proportion of 3 bedroom market rate units to total market rate units, unless 4+ bedroom workforce units are provided. iii. The proportion of 4+ bedroom workforce units to total workforce units must meet or exceed the proportion of 4+ bedroom market rate units to total market rate units. iv. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc), the proportion of workforce units of each type to total workforce units must be approximately the same as the proportion of market rate units of each type to total market rate units. v. If the development includes both for sale and for rent units, the proportion of for rent workforce units to for sale workforce units must not exceed the proportion of for rent market rate units to for sale market rate units. vi. Notwithstanding Section 4.7.9 c. i., ii, iii, and iv. above, in the Southwest 10th Street Overlay District at least 75% of the workforce housing units shall be 3 bedroom units offered for initial sale in an amount not to exceed $225,000.00 and 25% 19 ORD. NO. 18-06 of the workforce housing units may be 2 bedroom units offered at the low income affordability rate. d. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. e. There shall be no lot premiums charged on the workforce housing units. f. All fractional bonus densities shall be rounded down. g. The City of Delray Beach, its successors and assigns may enforce the covenants. No amendments to the covenants shall be made unless by written instrument approved by the City. h. No one bedroom units shall be allowed under the family/workforce housing program. i. Workforce HousinQ Units constructed accordinQ to this policy shall be protected for subsequent resale or rental to Workforce Households whose income does not exceed the applicable AMI by deed restrictions or by other equivalent and effective methods. Conversions of rental units to owner occupied units or vice versa shall require the subsequent rental or sale to be for the same workforce housinQ income cateQorv. j Workforce HousinQ Units constructed accordinQ to this policy shall only be rented or sold as a primary residence. .!s. A deed restriction on a form acceptable to the City Attorney shall be recorded in the Public Records of Palm Beach County. In addition to other restrictions therein contained, said deed restriction shall prohibit any sublettinQ or assiQnment of the respective Workforce HousinQ Unit to a tenant(s) or purchaser(s) whose income exceeds the percent of the AMI under which the unit is oriqinally approved. For the purpose of this section, household income is determined by the cumulative income of all tenants or purchasers under one roof. In addition. said deed restriction shall limit the maximum permitted resale price to the initial sale price of the Workforce HousinQ Units. increased at the same rate as the Palm Beach County median income has increased from the initial date of purchase. Prior to the closinq on any sale. resale or prior to any rental of any workforce housinQ unit. the City shall be notified of the sale. resale or rental. 20 ORD. NO. 18-06 h For both sale and rental of Workforce Housinq Units, affordability and occupancy restrictions shall remain in effect for 40 years and shall apply to any replacement structure or structures constructed if a structure containinq a Workforce Housinq Unit or Units is demolished or destroyed, provided that if demolition or destruction of a structure containinq Workforce Housinq Units occurs 35 years after recordinq of the restrictions and said demolition or destruction was unintentional. restrictions on the units in the structure shall terminate on demolition or destruction. m. Nothinq requires a workforce household to vacate a rental workforce housinq unit or sell a workforce housinq unit if the tenant(s) or purchaser (s) income later exceeds AMI. 4.7.10 REVIEW AND APPROVAL PROCESS a. Final Approval Conditions: Final conditions of approval shall specify that the restricted units are priced and/or rented at workforce housing levels and shall state that those units shall be rented and/or sold to the eligible income group in accordance with this article. The conditions will also specify the requirements for reporting to the City's Community Improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. 4.7.11 DENSITY BONUS TABLES a. The Density Bonus Tables shown below apply to the Southwest Neighborhood Overby District only and are provided to illustrate bonus densities under various parcel sizes, unit types and income eligibility; however, the density bonus allocations contained in Table 1 shall control densities in the Southwest Neighborhood Overlay District.,. . the Infill Workforce Housinq Area. and the Carver Estates Overlay District. 21 ORD. NO. 18-06 Workforce Housing Program Density Bonus Allocations Owner Occupied - 2-3 Bedroom Units Very-Low Income (4 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 4 10 10.0% 1 12 24 9 3 12 24 12.5% 1.5 18 36 14 4 16 34 11.8% 2 24 48 18 6 24 48 12.5% 2.5 30 60 23 7 28 58 12.1% 3 36 72 27 9 36 72 12.5% 3.5 42 84 32 10 40 82 12.2% 4 48 96 36 12 48 96 12.5% Low Income (3 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 6 12 16.7% 1 12 24 8 4 12 24 16.7% 1.5 18 36 12 6 18 36 16.7% 2 24 48 16 8 24 48 16.7% 2.5 30 60 20 10 30 60 16.7% 3 36 72 24 12 36 72 16.7% 3.5 42 84 28 14 42 84 16.7% 4 48 96 32 16 48 96 16.7% Moderate Income (2 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 3 3 6 12 25.0% 1 12 24 6 6 12 24 25.0% 1.5 18 36 9 9 18 36 25.0% 2 24 48 12 12 24 48 25.0% 2.5 30 60 15 15 30 60 25.0% 3 36 72 18 18 36 72 25.0% 3.5 42 84 21 21 42 84 25.0% 4 48 96 24 24 48 96 25.0% 22 ORD. NO. 18-06 Workforce Housing Program Density Bonus Allocations Owner Occupied - 4+ Bedroom Units Very-Low Income (4.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 4 10 10.0% 1 12 24 10 2 9 21 9.5% 1.5 18 36 14 4 18 36 11.1% 2 24 48 19 5 22 46 10.9% 2.5 30 60 24 6 27 57 10.5% 3 36 72 28 8 36 72 11.1% 3.5 42 84 33 9 40 82 11.0% 4 48 96 38 10 45 93 10.8% Low Income (3.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 3 9 11.1% 1 12 24 9 3 10 22 13.6% 1.5 18 36 13 5 17 35 14.3% 2 24 48 17 7 24 48 14.6% 2.5 30 60 22 8 28 58 13.8% 3 36 72 26 10 35 71 14.1% 3.5 42 84 30 12 42 84 14.3% 4 48 96 35 13 45 93 14.0% Moderate Income (2.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 5 11 18.2% 1 12 24 7 5 12 24 20.8% 1.5 18 36 11 7 17 35 20.0% 2 24 48 15 9 22 46 19.6% 2.5 30 60 18 12 30 60 20.0% 3 36 72 22 14 35 71 19.7% 3.5 42 84 25 17 42 84 20.2% 4 48 96 29 19 47 95 20.0% 23 ORD. NO. 18-06 Workforce Housing Program Density Bonus Allocations Rental - 2-3 Bedroom Units Very-Low Income (3 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 6 12 16.7% 1 12 24 8 4 12 24 16.7% 1.5 18 36 12 6 18 36 16.7% 2 24 48 16 8 24 48 16.7% 2.5 30 60 20 10 30 60 16.7% 3 36 72 24 12 36 72 16.7% 3.5 42 84 28 14 42 84 16.7% 4 48 96 32 16 48 96 16.7% Low Income (2 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bon us Rate Units Units Units Units Affordable 0.5 6 12 3 3 6 12 25.0% 1 12 24 6 6 12 24 25.0% 1.5 18 36 9 9 18 36 25.0% 2 24 48 12 12 24 48 25.0% 2.5 30 60 15 15 30 60 25.0% 3 36 72 18 18 36 72 25.0% 3.5 42 84 21 21 42 84 25.0% 4 48 96 24 24 48 96 25.0% Moderate Income (1 unit oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bon us Rate Units Units Units Units Affordable 0.5 6 12 0 6 6 12 25.0% 1 12 24 0 12 12 24 25.0% 1.5 18 36 0 18 18 36 25.0% 2 24 48 0 24 24 48 25.0% 2.5 30 60 0 30 30 60 25.0% 3 36 72 0 36 36 72 25.0% 3.5 42 84 0 42 42 84 25.0% 4 48 96 0 48 48 96 25.0% 24 ORD. NO. 18-06 Workforce Housing Program Density Bonus Allocations Rental- 4+ Bedroom Units Very-Low Income (3.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 3 9 11.1% 1 12 24 9 3 10 22 13.6% 1.5 18 36 13 5 17 35 14.3% 2 24 48 17 7 24 48 14.6% 2.5 30 60 22 8 28 58 13.8% 3 36 72 26 10 35 71 14.1% 3.5 42 84 30 12 42 84 14.3% 4 48 96 35 13 45 93 14.0% Low Income (2.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 5 11 18.2% 1 12 24 7 5 12 24 20.8% 1.5 18 36 11 7 17 35 20.0% 2 24 48 15 9 22 46 19.6% 2.5 30 60 18 12 30 60 20.0% 3 36 72 22 14 35 71 19.7% 3.5 42 84 25 17 42 84 20.2% 4 48 96 29 19 47 95 20.0% Moderate Income (1.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 2 4 6 12 33.3% 1 12 24 4 8 12 24 33.3% 1.5 18 36 6 12 18 36 33.3% 2 24 48 8 16 24 48 33.3% 2.5 30 60 10 20 30 60 33.3% 3 36 72 11 25 37 73 34.2% 3.5 42 84 14 28 42 84 33.3% 4 48 96 16 32 48 96 33.3% 25 ORD. NO. 18-06 4.7.12 OTHER INCENTIVES. (a) In order to address a shortaqe of workforce housinq units. incentives have been added to induce the construction of workforce housinq units in the City. In addition to the other incentives contained within this article, lots of record that have at least 40 feet of frontaqe may be used for Workforce Housinq, as lonq as the workforce housinq unit meets the typical desiqns represented by the sketches set forth below and the additional requirements of 4.1.4(D) as well as other applicable code provisions are met. 26 ORD. NO. 18-06 LIVING ". )( '13" MASTER BEDROOM 120 x '13' ENTRY .1Io"~ "It".,.<:- PORCH UPPER FLOOR. ~~~~i :,.~~~#~;,..~ ri<: MAIN FLOOR. Upper Floor Main Floor Total Living Area Basemenl 565 sq, ft. 840 sq. ft. 1,405 sq.n. 840 sq. ft. Footprint 30'.0" J( 36'.0" :.3 ~edrooms 2 Bathrooms ~asement, Crawlspace or Slab Founda 27 ORD. NO. 18-06 : M!~' .~ii;.~. MAIN FLOOR UPPER FLOOR Upper Floor Main F100T Total Living Area 2+ Bedrooms J Bathrooms Crawlspace Foundation 480 sq. ft. 1.238 sq. fl- 1.718 sq. fl. Footprint 30'.4" .l{.47'.0" -1-... 28 ORD. NO. 18-06 ,f 3Q'.()' UPPER FLOOR PORCH 20'~ 'll'<rCtO MAIN FLOOR Upper Floor Main Floor Total Living Ami Basemenl 698 sq. ft. 1,080 sq, ft 1,778 sq, ft. 1,080 sq, ft Footprint 30' .0" x 62' .0" 3 Bedrooms Iii Bathrooms Crawlspace, Slab or Basement FOWldatit'!!L_~ _ -[U"'. '--::-!', ~l"'--' L ' H ~> . .' ::'-,' j~ :;,,~,;~,__~_ - L._~-_ ~ 29 ORD. NO. 18-06 1---- 1 I I I I 1 M.5EDROOM 12""'." 10'.11" ===:~=,=.~.:.=='=-=. il 11 If CARPORT :: UI''''."W-r 11 II II DINING er..... ..~A,.. $I g z: .... o P t!: 8EDRM #2 &EPRM #3 9' " Ie' !h Ie' UVlNG 12'.>>'. UI'.9" PORCH ".... .19'.... Main Floor Total UVing Area 978 sq. it 978 sq.ft. Footprint 30'00" x 48'.0" 3 Bedrooms 1 Bathroom Slab Foundation 30 ORD. NO. 18-06 MIIStl'll: _00IiI """"11'1"- VJ'PER FLOOR MAIN FLOOR Upper Moor 68 J sq, ft. Main Floor 706 sq, ft Talal Living Area 1,387 sq.f'L Z IJedroolUS 21ft Bathrooms Crawlspace or Slab Foulldaft(fn Footprint 28'.0" x 76'_4" 31 ORD. NO. 18-06 I I I I I I I I I ~: ! ~ I I I LMNG ROOM M<1O"..... -,-,-'-'_. _..............._._..."""""-::_..~ -.-..........-.---'"' t ! ~ sw '0 ~ ~ M. &EmtOOM ","'lit." .'<1' Main floor 1,234 sq,fL Total Living Area 1,234 sq.ft. Footprint 30'-0" x 54'-0" 1 Bedrooms 2 Bathrooms Slab Foundation 32 ORD. NO. 18-06 - 1 ~.. .'u" .. f ~ $f~ *,..f+ -- MAIN FLOOR UPPER FLOOR Upper F!clOr 681 sq. ft Main Floor 706 sq. ft. Total Li'l'ing Area .1,387 sq. ft. Footprint 2S'-U" x 76'-10" 2 Bedroom.,; 21h Bathrooms Crawlspace or Slab Foundation 33 ORD. NO. 18-06 Section 15. That should any section or provIsion 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 16. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 17. 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 34 ORD. NO. 18-06 Rev. 3/9/06 Reprinted 3/14/06 ORDINANCE NO. 19-06 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 CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.13(1), "PERFORMANCE STANDARDS", TO PROVIDE FOR INCLUSION OF WORKFORCE HOUSING AMONG OTHER CONDITIONS IN ORDER TO OBTAIN INCREASED DENSITY; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to increase Workforce Housing in the City; and, WHEREAS, the City has an established Workforce Housing Ordinance; and, WHEREAS, the inclusion of the requirement that 20% of the residential units be Workforce Housing units is in the interest of the public health, safety and welfare; and, WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 27, 2006 and voted 7 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 DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Section 4.4.13(1) "Performance Standards" of the Land Development Regulations is amended to read as follows: (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 eComprehensive 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. All eliqible developments desirinQ to use these performance standards shall provide twenty percent (20%) of the residential units above thirty (30) dwellinq units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neiqhborhood as Workforce Housinq units (fractions shall be rounded up). The workforce housinq units shall be divided between low and moderate income levels with no more than 50% of the workforce units to be for moderate income levels and shall comply with other applicable provisions of Article 4.7. (2) In addition to the standards and requirements set forth in subsection 4.4.13(1 )(1), above, +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, 2 ORD. NO. 19-06 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. (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 3 ORD. NO. 19-06 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. 1 st Street, or S.E. 1 st 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 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). Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of 4 ORD. NO. 19-06 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 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 First Reading Second Reading MAYOR 5 ORD. NO. 19-06 Rev. 3/14/06 ORDINANCE NO. 20-06 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 CHAPTER 4 "ZONING REGULATIONS", SECTION 4.1.4, "USE OF LOTS OF RECORD", BY ENACTING A NEW SUBPARAGRAPH 4.1.4(D), TO PROVIDE FOR THE USE OF LOTS OF RECORD OF AT LEAST 40 FEET FOR THE CONSTRUCTION OF WORKFORCE HOUSING UNITS AS LONG AS THE DESIGNS CONFORM TO CERTAIN PLANS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to encourage the development of Workforce Housing; and, WHEREAS, as long as certain designs are used, some lots of 40 feet that are not normally buildable are encouraged to be used for the development of Workforce Housing; WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 27, 2006 and voted 7 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 Chapter 4, "Zoning Regulations", Section 4.1.4, "Use of Lots of Record" is hereby amended by enacting Subsection 4.1.4(0) to read as follows: (D) Within the R-1-A, RL and RM zoninq districts, lots of record havinq at least forty (40) feet of frontaqe may be used for Workforce Housinq, as lonq as the workforce housinq unit meets the typical desiqns represented by the sketches set forth in Section 4.7.12(a), the lot is a minimum of 4,000 square feet and conforms to setbacks: provided, however the minimum side setback may be reduced to a minimum five feet (5') if necessary to accommodate the desiqns set forth in Section 4.7.12(a) and meets other development standards in the zoninq district. The Workforce Housinq unit on a lot with frontaqe as herein described must include rear access via an alley, if available. The unit must also contain desiqn features such as. but not limited to. front porches, eyebrows, outriqqers. qables, dormers, arbors, trellises. shutters, balconies, decorative vents, sidinq, textured stucco finishes, undulatinq facades and other such appropriate architectural features. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, 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 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: MAYOR City Clerk First Reading Second Reading 2 Ord. 20-06 MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CIlY MANAGERt>>1 AGENDA ITEM # . \ a C.- - REGULAR MEETING OF MARCH 21. 2006 ORDINANCE NO. 13-06 TO: FROM: DATE: MARCH 17, 2006 This ordinance is before Commission for second reading and public hearing to amend Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance with Standard Practice Instructions", of the Code of Ordinances, to provide that personal services contracts are exempt from the requirements of Chapter 36. At the first reading on March 6, 2006, the Commission passed Ordinance No. 13-06. Recommend approval of Ordinance No. 13-06 on second and final reading. S:\City Clerk\agenda memos\Ord. No. 13-06 Personal Services 032106 fIJ ORDINANCE NO. 13-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", TO PROVIDE THAT PERSONAL SERVICES CONTRACTS ARE EXEMPT FROM THE REQUIREMENTS ON CHAPTER 36; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has always adhered to purchasing procedures where the person, entity or thing was purchased based on the lowest price or most qualified person/entity; and WHEREAS, this process will not change, however, to clarify this process, personal services contracts will not be subject to the competitive bid requirements of Chapter 36; and WHEREAS, it has long been held that contracts for personal services that involve a peculiar skill or ability may not be required to be let by competitive bid, See, City of Pensacola v. Kirby, 47 So.2d 533 (Fla. 1950). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance with Standard Practice Instructions", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS. (A) The details of all City purchasing shall be performed in accordance with the latest current revision of a standard practice instruction as issued by the City Manager, and as this reflects the requirements of the City Charter and the current revision of the City's Code. Personal Services Contracts are contracts that involve a particular skill or abilitv. such as. but not limited to. contracts for artistic work. that are dependent upon specialized expertise. skill and experience. Personal Services Contracts are not subiect to the competitive bid requirements of this Chapter. unless required bv State law. (B) The City Manager or his designee shall have the authority to execute on behalf of the City, all purchase orders, contracts, change orders, service authorizations or modifications thereto when a public hearing, or approval, review, selection or award by the Commission is not requested by this Chapter. 3\a-\~ ~~ ~~ O\ct\W\CA- -::L~ \Oc., \... Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective 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. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD NO. [ITY DF DElRAY IEA[H ~I: ~ CITY ATTORNEY'S OFFICE 2()() NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TEl J:PI-IONE: :i61/243-7090 . FACSIMILE: :i61/27f1.-4755 DELRAY BEACH ~ All-America City Writer's Direct Line: 561/243-7091 " III! DATE: MEMORANDUM March 2, 2006 1993 2001 FROM: City Commission David Harden, City Manager ".... ~ Brian Shutt, Assistant City Attorney TO: SUBJECT: Clarification of PurchasinQ Procedures Reaardina Personal Services Contracts The attached ordinance clarifies that personal service contracts, such as contracts for artistic work, are dependent upon the expertise and skill of the person performing the work, therefore, such contracts would not be awarded based on a competitive bid regarding the price but based on the skill and expertise of the person performing such services. This clarification is needed as the City will be sending out a "Call to Artists" seeking artists to install/construct an art project under the Atlantic Avenue Bridge at Veteran's Park. It is anticipated that the award will be based primarily on the artist's proposed project and qualifications. Our office requests that this item be placed on the March 6, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Doug Smith, Asst. City Manager Joe Safford, Finance Director \~ ORDINANCE NO. 13-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", TO PROVIDE THAT PERSONAL SERVICES CONTRACTS ARE EXEMPT FROM THE REQUIREMENTS OF CHAPTER 36; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has always adhered to purchasing procedures where the person, entity or thing was purchased based on the lowest price or most qualified person/ entity; and WHEREAS, this process will not change, however, to clarify this process, personal services contracts will not be subject to the competitive bid requirements of Chapter 36; and WHEREAS, it has long been held that contracts for personal services that involve a peculiar skill or ability may not be required to be let by competitive bid, See, City of Pensacola v. Kirby, 47 So.2d 533 (Fla. 1950). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance with Standard Practice Instructions II , of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS. (A) The details of all City purchasing shall be performed in accordance with the latest current revision of a standard practice instruction as issued by the City Manager, and as this reflects the requirements of the City Charter and the current revision of the City's Code. Personal Services Contracts that involve a peculiar skill or ability. such as. but not limited to. contracts for artistic work. are dependent upon expertise. skill and experience. Personal Services Contracts are not subject to the competitive bid requirements of this Chapter. (B) The City Manager or his designee shall have the authority to execute on behalf of the City, all purchase orders, contracts, change orders, service authorizations or modifications thereto when a public hearing, or approval, review, selection or award by the Commission is not requested by this Chapter. Section 2. That should any section or proVlslon of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. final reading. That this ordinance shall become effective upon its passage on second and 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 2 ORD NO. 13-06 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERttJv1 AGENDA ITEM # \ ~A - REGULAR MEETING OF MARCH 21, 2006 ORDINANCE NO. 21-06 TO: SUBJECT: DATE: MARCH 17, 2006 This ordinance is before Commission for first reading to amend Land Development Regulations (LDR) Section 2.4.3(1<)(3), "Permit Fees", to enact a new subsection (s) authorizing the waiver of building permit fees for the installation of auxiliary power generators and fuel systems in critical use groups and occupancies. The attached memo from Chief Koen provides additional information. Recommend approval of Ordinance No. 21-06 on first reading. S:\City CIerk\agenda memos\Ord. No. 21-06 Generator 032106 [ITY lf Ofl 4"'} ,,' l' .</i~: .,,,! y I~ r~,~ ;A'J:'2,:'\ FIRE-RESCUE DEPARTMENT . Hi,~HLAr\JD BEACH DELRAY BEACH ~ All-America City 'IIII!MEMORANDUM 1993 2001 To: David T. Harden, City Manager From: Kerry B. Koen, Fire Chief Subject: Incentives for Installation of Generators Date: March 17, 2006 The Monday edition of a local newspaper reported on Publix's initiative to invest approximately 100 Million Dollars to equip a large number of their stores in storm prone areas with auxiliary generators capable of supporting refrigeration, freezer units and other support functions to provide the public access to essentials following a hurricane or similar event. Obviously, this voluntary action at the corporate level could be helpful in our community as supermarkets were one of the occupancy groups that we had identified during the January 10, 2006 workshop with the City Commission related to expanded auxiliary power requirements. The Commission also asked that we explore incentives which might encourage business owners to move forward with installations of generators and fuel supplies. To that end, I would like to recommend that the City Commission consider an Ordinance which would allow the City Administration to "waive" building permit fees related to the installation of generators, fuel tanks and appurtenances in occupancies which we discussed. In this way, the City would be sending the business community a very positive signal that we are willing to join with them in providing critical services at a time of major need. I recommend that the attached Ordinance be presented to the City Commission at the earliest possible time for consideration. If this is viewed favorably by the City Commission, I suggest that we quickly notify Publix and other affected business and/or residential groups to advise them of the City's action in support of their efforts. Separately, drafts of several ordinances are being prepared by the City Attorney's Office related to future requirements for generators in critical facilities, but that action FIRE-RE;":CIJL liFY,\ITlrJ1Ff;: fjfC,\DOi .^.I.!Ff',jl . r)F:,r:{ ~:) "! ORIDA 33444 may take some time as we will need considerable input from the potentially affected users. \/~~''- J Kerry B. Koen Fire Chief Coordinator of Emergency Services KBK/mlb Attachments: CC: Lula Butler, Director of Community Improvement Larry Schroeder, Chief of Police John Tomaszewski, Asst. Fire Chief William Adams, Asst. Fire Chief Dale Sugerman, Town Manager - Highland Beach William Thrasher, Town Manager - Gulf Stream Bill Wood, Greater Delray Beach Chamber of Commerce Jo [ITY DF DElRAY IER[H CITY ATTORNEY'S OFFICE ~I)() N\V hi AVENt!.: ! RAY BEACI-I, FLORIDA 33444 ! I .1.l'HONI: :ihli~j ': i' li\CSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH ~ All-America City , III I! ~~TE: 1993 2001 MEMORANDUM March 17, 2006 Mayor and City Commissioners David T. Harden, City Manager Chevelle Nubin, City Clerk I~ FROM: Terrill Barton, Assistant City Attorney SUBJECT: Ordinance waivinq permit fees for certain businesses wantino to install oenerators. Attached please find an ordinance proposing to waive the permit fees for generators. I believe that Chief Koen will be sending a cover memo separately regarding this ordinance. Please contact me at 243-7090 if you have any questions. Thank you. TCB: smk Attachment ORDINANCE NO.~' -06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 2.4.3(K)(3), "PERMIT FEES", IN ORDER TO ENACT A NEW SUBSECTION (S) TO PROVIDE THAT ALL PERMIT FEES REGARDING INST ALLA TION OF GENERATORS AND ALL APPURTENANCES RELATED TO GENERATORS INCLUDING FUEL STORAGE AREAS AND SCREENING FOR ALL SERVICE STATIONS, GROCERY STORES, KIDNEY DIALYSIS CENTERS, PHARMACIES, RESIDENTIAL BUILDINGS WITH ELEVATORS, COUNTRY CLUBS AND CLUBHOUSES WITHIN RESIDENTIAL COMMUNITIES SHALL BE WAIVED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the State of Florida is taking action to encourage the acquisition of emergency generators via Senate Bills 528, 530 and 85; and WHEREAS, the City desires to encourage the acquisition of emergency generators by service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators and club houses within private communities in order to prepare for the upcoming hurricane season. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2.4.3(K)(3)(s) of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (s) All service stations. grocery stores. kidney dialysis centers. pharmacies. residential buildings with elevators. country clubs and/or clubhouses in residential communities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. Section 2. That should any section or provision 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. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are Section 4. reading. That this ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of , 2006. ATTEST: MAYOR City Clerk First Reading Second Reading Publix to install backup power so customers can get ice, fresh food after hurricanes: Sout... Page 1 of 3 Sun-Sentinel 0 com ~ Please register or login ~ ~ HOME I NEWS I SPORTS I ENTERTAINMENT I SHOPPING I CLASSI SOUTH FLORIDA EI1D THE lATEST NEWS SEAIlCH Sponsored by >Search classified >Find a job >Buya car >Find real estate >Find an apartment >Place a classified ad >NEW Buy a LocalLink >ShopLocal >Grocery coupons BUSINESS INSIDE BUSINESS Enter symbol for updated stock quotes: Go Local Stock Index WSl Sunday Columnists YOUR MONEY Real estate news Humberto Cruz column Consumer News Condo Law Property Sales RESOURCES Business Wire Tech Q&A Calculators CHANNElS SOUTH FLORIDA NEWS Broward County Palm Beach County Miami-Dade County Florida Nation/World Cuba Education Lottery Obituaries Scripps development WEATHER Hurricane Web cam SPORTS Miami Dolphins Florida Marlins Miami Heat Florida Panthers University of Miami High school College Weblogs/Columns ..118 'Web enhMeed II' f>rl!.1 .v:J~'" ;. "',',n...:.\' The ONLV, H;A.CSS-;l~l,;md!t€u ROO ~t.Mti~JclY ~a;Hnd.i SA m ~pLl~h dqLld~i~ CUCK NERE for.,..",. Of call 154-162-5035 FAll MBAIN SPORTMAr..iAC"EMENT Publix to install backup power so customers can get ice, fresh food after hurricanes COLU .'."';"'H , . T . .. G "Ft ,~... ,; C , IF tl; r5ZI E-mail story ~ Print story ~ Most e-mailed ~ News on your cell ECJ!I RSS news feeds Is H G .. -. ; s; ., . :. : " no By ladyn Giovis South Florida Sun-Sentinel Posted March 14 2006 Publix Super Markets on Monday unveiled a $100 million plan to install powerful backup generators in South Florida stores to avoid the food shortages and long lines that plagued stores after Hurricane Wilma. The Lakeland-based company's announcement also came with a plea to the region's municipalities: Speed up the permit process necessary to carry out the large-scale effort. With the official start to hurricane season less than three months away, Publix executives say they cannot put the plan into place until the paperwork is complete and hope area governments won't drag their feet. By July, Publix expects to have a third of its stores equipped with the backup system, including some in Broward and Palm Beach counties, as long as permits are approved. "We have a plan," said Maria Brous, spokeswoman for Publix. "But in order to make our plan a reality, we need all of the municipalities to expedite their permitting process. " Overall, the chain plans to install 400 stationary and mobile generators at hurricane- prone store locations, as well as 175 quick- connecting docking stations for stores in lower-probability hurricane areas. The project already is under way and focuses on stores along the southeast and southwest coasts of Florida, the Florida Panhandle, coastal Georgia and South Carolina. PHOTO Marcia Herol BUSINESS STI Publix prepares for the Kathy Kristo! upcoming hurricane season PERSONAL FI~ See larger image COLUMNIST (Sun-Sentinel file photo/Joe Cavaretta) Joyce Lain Kl Mar 14, 2006 CAREERS NOV ...,";..,....,'"..,.,"".; .... . ',... ~. '. ,< """ , ,.'t,' ;':--'>':;;',;:;':,,,. "- SHOPP shci~ 50 Publix get aenerators Find the best deals at sto http://www.sun-sentine1.com/business/local/sfl-zpublix 14mar 14,0,7165 58.story?track=mo... 3/15/2006 Publix to install backup power so customers can get ice, fresh food after hurricanes: Sout... Page 2 of 3 BUSINESS Real estate news EDITORIAL Letters Chan Lowe cartoons SOUTHFLORIDA.COM Entertainment Events Restaurants Movies & TV Music & Stage Nightlife & Bars Florida Getaways Celebrity News Horoscopes Dating I Personals Attractions/Outdoors Visitor's Guide FEATURES Lifestyle Arts Food & Recipes Home & Garden Travel Books BLOGS/COLUMNS HEALTH" SCIENCE COMMUNITY NEWSLETTERS RSS NEWS FEEDS tJm CORRECTIONS OTHER SERVICES Archives Customer service News bye-mail The generators would allow the company to operate its produce, meat, dairy and frozen food departments, which are only partially served by the existing generator systems. That means high-demand items such as ice and milk would be available to customers. The permanent, SOO-kilowatt generators would have automated turn-on sensors, along with a double-lined fuel tank that holds 1,000 gallons of diesel fuel. That could keep stores operating even throughout prolonged power outages. "These generators are the answer to making perishable items available directly following a hurricane," Brous said, noting that Publix lost more than $60 million after the four hurricanes of 2004. Immediately after Hurricane Wilma in October, the vast majority of South Florida grocery stores and gas stations were shut down and without power. Food, water and ice were scarce. As power slowly was restored, residents flocked to stores, waiting in line for hours only to encounter barren shelves. The situation has since spurred action from other retailers and was the impetus for statewide legislation that, if approved, would require gas stations to have backup generators. After Wilma barreled through South Florida, Kathy Kuhns of Cooper City shared her generator with three neighbors and turned her front yard into a picnic area, allowing people without power to cook meals and grill hotdogs and hamburgers. It's a great idea, she said, for stores such as Publix to have powerful generators. "Common sense and logic would tell you this is a smart move," Kuhns said. "I'm sure a lot of people will be happy about it." RELATED NEWS FROM THE WEB . Retail . Grocery Powered by Topix.net you' MOST E-MAILED (last 24 hours) 1. Break time! Starbucks offering free coffee from 10 a.m. to noon today 2. Dolphins trade for Culpepper; Brees signs with Saints 3. Credit reporting agencies announce new system for scoring your financial fitness 4. Cat owners say if state allows dogs in eateries, cats should also be admitted 5. Blockbuster Inc. co- founder to buy Jamba Juice chain for $265 million See the complete list ... .. Subscribe today to ,... the Sun-Sentinel and find out how to get one week extra! Click here or call 1- 877-READ-SUN. LocalUnks Publix said it expects to have all of its installations in place by July 2007. To date, Publix has submitted 44 permit applications in various areas statewide, and just over half have been approved. The grocer's plans encompass 72 stores in Broward County, 71 stores in Miami-Dade County, and three stores in Monroe County. It http://www.sun-sentinel.com/business/local/sfl-zpublix 14marI4,0, 716558.story?track=mo... 3/15/2006 Publix to install backup power so customers can get ice, fresh food after hurricanes: Sout... Page 3 of 3 also includes a portion of Palm Beach County's 72 stores. The Miami-Dade County Commission has committed to helping the grocery store chain get through the approval process quickly. Municipalities in Monroe County and the Florida Panhandle already have had permits approved, Brous said. In the coming weeks, Publix plans to apply for permits in Broward and Palm Beach counties. "The inspectors are overloaded right now because they have so many permits that they're falling further and further behind," said David Johnston, president of Americas Generators, a Miami-based company that manufactures and distributes generators to homes and businesses. He said the permit process is taking between two and six months in parts of South Florida. Businesses that have not ordered their generators are not likely to get one this year, he said, noting the larger generator manufacturers are inundated with orders they can't fill for another 100 to 420 days. Staff Writer Thomas Monnay contributed to this report. Jaclyn Giovis can be reached at jmgiovis@sun-sentinel.com or 954- 356-4668. i9ft:~I~ ~ ~: ~~t~ot::tS=S::~~xtra! Click here or call 1-877-RfAO-SUN Sua-Sentlnel.com Questions or comments? I Paid archives I Start a newspaper subscription I How to advertise I Privac Copyright 2006, Sun-Sentinel Co. & South Florida Interactive Inc. Sun-Sentinel.com, 200 E. Las Olas Blvd., Fort Lauderdale, Florida 33301 http://www.sun-sentinel.com/business/local/sfl-zpublix 14mar14,0, 716558.story?track=mo... 3/15/2006 Date: March 17. 2006 AGENDA ITEM NUMBER: \ ~. AGENDA REOUEST Request to be placed on: _ Consent Agenda X Regular Agenda _ Workshop Agenda _ Special Agenda When: March 21. 2006 Description of agenda item (who, what, where, how much): Consideration of an Ordinance authorizing the waiver of building permit fees for the installation of auxiliary power generators and fuel systems in critical use groups and occupancIes. Recommendation: Adopt the Ordinance. \/ ~L { oQ..o.-~ 1 ~ , Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes/No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~ No Initials: o1v1 Hold Until: Agenda Coordinator Review: Received: