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06-06-06 Agenda Reg 01\ cvv1 CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA REGULAR MEETING - TUESDAY. JUNE 6. 2006 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULAR AGENDA H. BID AWARD/CHAZ EOUIPMENT COMPANY. INC.: Consider a bid award to second lowest bidder, Chaz Equipment Company, Inc., in the amount of$986,318.70 for construction of the S.E./N.E. 1st Street One-Way Pair Conversion. The Community Redevelopment Agency (CRA) will contribute an additional $131,711.60 to the project for a total contribution of $648,563.70. The City will provide funding in the amount of $337,755.00. Funding will be available from 334- 3162-541-65.88 (General Construction FundlS.E./N.E. 1st Street One-Way Pair), 448-5461-538-65.88 (Stormwater Utility FundlS.E./N.E. 1st Street One-Way Pair), and 442-5178-536-65.88 (Water/Sewer Renewal & Replacement FundlS.E./N.E. 1st Street One-Way Pair). ******************************************************************************** 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. ~._.. 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. June 6. 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 when agreed by consensus 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 1st 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. ROLLCALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . May 16, 2006 - Regular Meeting 6. PROCLAMATIONS: . NONE 7. PRESENTATIONS: A. Reverend J .W.H. Thomas, Jr. - Pastor, Saint Paul Missionary Baptist Church 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL BOUNDARY PLAT APPROVAL/MIRAFLORES PLAT: Approve the boundary plat for the Miraflores Plat, located on the east side of S.E. 1 5t Avenue, between S.E. 15t Street and S.E. 2nd Street. B. RESOLUTION NO. 38-06: Approve Resolution No. 38-06 abandoning a 50' wide unimproved public right-of-way dedicated on the Plat of Lake Ida Shores, located on the west side ofN.W. 8th Avenue, approximately 285' north of Lake Ida Road. C. AMENDMENT NO. 2 TO CONTRACT FOR SALE AND PURCHASE/CARVER SOUARE/JEAN LOUIS SAINT FORT AND JOSETTE SAINT FORT: Approve Amendment No.2 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 September 29, 2006. D. PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL SERVICES: Approve the application for a non-matching grant to the Palm Beach County Department of Emergency Medical Services in the amount of $43,301.30 to purchase an additional Special Events Response Vehicle (SERV) and associated advanced life support equipment; and approve Resolution No. 39-06. E. LICENSE AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve a license agreement between the City and the School Board of Palm Beach County which allows the City to conduct environmental testing and obtain field measurements for the proposed soccer complex at the old Adantic High School site. 06-06-2006 - 2 - F. CONTRACT CLOSEOUT/FINAL PAYMENT /CONCO HORTICULTURAL: Approve Contract Closeout and final payment in the amount of $2,955.00 to Conco Horticultural for completion of the installation of landscaping for the Gateway Parks Project. G. SERVICE AUTHORIZATION NO. 3.0/KIMLEY-HORN AND ASSOCIATES. INC.: Approve Service Authorization No. 3.0 to Kimley-Horn and Associates, Inc. in the amount of $22,681.00 for schematic site plan work to reconfigure the existing Miller Field Complex. Funding is available from 334-6112-519-31.30 (General Construction Fund/Engineering/ Architect). H. PIPING AND LANDSCAPING LICENSE AGREEMENT/LAKE WORTH DRAINAGE DISTRICT (LWOD): Approve a Piping and Landscaping License Agreement between the City and the Lake Worth Drainage District (LWOD) as part of the permitting process for the installation of the L-33 Canal Culvert for Eagle Park. 1. SERVICE AUTHORIZATION NO. 4/CH2M HILL. INC.: Approve Service Authorization No. 4 to CH2M Hill, Inc. in the amount of $19,000.00 for professional services required for coordinating a national design competition for the proposed park at the Old School Square Cultural Arts Center. Funding is available from 380-4150-572- 63.29 (2004 G.O. Bond/Old School Square). J. CONSENT TO SUBCONTRACT/WASTE MANAGEMENT: Approve a Consent to Subcontract Agreement with Waste Management (WM) to allow the use of a subcontractor, Eastern Waste Systems, Inc. (EWS), to collect vegetative and bulk waste in the City. K. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the Edward Byrne Memorial Justice Assistance Grant GAG) award in the amount of $35,432.00 which will provide funding for the Police Department's Holiday Task Force Overtime; and accept the award documentation, program narrative, and budget narrative. L. RESOLUTION NO. 37-06: Approve Resolution No. 37-06 establishing the Unity Collaborative to address community issues relating to diverse segments of the City's population. M. SPECIAL EVENT REOUEST /PALM BEACH FIESTAS PATRONALES AND BUSINESS EXPO: Approve a special event request to allow the Palm Beach County Fiestas Patronales and Business Expo to be held August 5-6, 2006 from 1 :00 p.m. to 11 :00 p.m. on the grounds of Old School Square. N. SPECIAL EVENT REOUEST /3RD ANNUAL ALL AMERICA DUCK DERBY: Approve a special event request to allow the 3rd Annual All America Duck Derby, sponsored by the Sunrise Rotary Club of Dekay Beach, to be held November 18, 2006 from 11 :00 a.m. until 4:00 p.m. at Veteran's Park, including temporary use permit per LDR Section 2.4.6(H) for the use of Veteran's Park and the parking lot. 06-06-2006 - 3 - O. SERVICE AUTHORIZATION NO. 3.t/WALTERS ZACKRIA ASSOCIATES: Approve Service Authorization No. 3.1 to Walters Zackria Associates in the amount of $515,000.00 for design development and construction documents for the Western Senior/Community Center Project. Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Parks & Recreation/Western/Senior Center). P. CHANGE ORDER NO. t (CONTRACT CLOSEOUT)/FINAL PAYMENT /ROSSO PAVING AND DRAINAGE, INC.lCATHERINE STRONG PARK: Approve Change Order No.1 (Contract Closeout) in the amount of an $88,424.13 decrease and final payment in the amount of $148,725.23 to Rosso Paving and Drainage, Inc. for completion of the Catherine Strong Park Project. Funding is available from 380-4150-572-62.59 (2004 G.O. Bond/Catherine Strong Center). Q. CHANGE ORDER NO. t (CONTRACT CLOSEOUT)/FINAL PAYMENT /HARTZELL CONSTRUCTION. INC.: Approve Change Order No. 1 (Contract Closeout) in the amount of $620.06 and final payment in the amount of $57,476.41 to Hartzell Construction, Inc. for completion of the Southwest Area Sidewalks Project. Funding is available from 118-1965-554-63.11 (Community Development Fund/Bikepaths/Sidewalks). R. CHANGE ORDER NO. t (CONTRACT CLOSEOUT)/FINAL PAYMENT/ASPHALT CONSULTANTS. INC.: Approve Change Order No.1 (Contract Closeout) in the amount of an $84,830.05 decrease and final payment in the amount of $115,573.49 to Asphalt Consultants, Inc. for completion of the Area 2 & 3 Reclaimed Water System Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission System). S. CHANGE ORDER NO. t (CONTRACT CLOSEOUT)/FINAL PAYMENT/MEF CONSTRUCTION. INC.: Approve Change Order No.1 (Contract Closeout) in the amount of a $717,481.10 decrease and final payment in the amount of $3,273.75 to MEF Construction, Inc. for work performed on the N.E. 1st Street Pairs Conversion Project; due to limited resources and manpower MEF will not be completing the project. Liquidated funding to be reserved for replacement contract award. T. CONTRACT AWARD/ARTIST FOR VETERAN'S PARK PROJECT: Approve an agreement between the City and artist, Michiko Kurisu, for the Adantic Avenue Bridge Underpass at Veteran's Park Project. Funding is available from 115-1702-579-31.90 (Special Projects Fund/Public Arts Trust Account/Other Professional Services). U. RESOLUTION NO. 40-06: Approve Resolution No. 40-06 formally adopting the names of three (3) City parks. 06-06-2006 - 4 - V. CHANGE ORDER/COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM/JMOSCA BUILDERS: Approve a Change Order in the amount of $20,000.00 to JMosca Builders for additional costs associated with the rehabilitation of an eligible structure funded under the Community Development Block Grant Program. Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehab). W. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 15,2006 through June 2, 2006. X. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Adantic Refrigeration in the estimated annual amount of $39,840.00 for the annual contract for air conditioning services and repairs for City buildings. Funding is available from various building maintenance accounts. 2. Purchase award to Motorola in the amount of $17,969.90 via the Palm Beach County School Board Contract #06C-31R for the purchase of five (5) replacement XTS 5000 Radios for the Police Department. Funding is available from 001-2111-521-64.90 (General Fund/Machinery/Equipment). 3. Contract award to Rosso Paving and Drainage, Inc. in the amount of $225,837.50 for the N.E. 4th Street Improvements Project. Funding is available from 448- 5461-538-65.31 (Stormwater Utility Fund/N.E. 4th St. - N.E. 5th Ave. to N.E. 6th Ave.) 4. Contract award to Pantropic Power, Inc. in the amount of $19,635.78 for replacing the generator at the South Pump Station. Funding is available from 442-5178-536-64.90 (Water/Sewer Renewal & Replacement Fund/Other Machinery & Equipment). 5. Contract award to Adelphia in the amount of $19,607.00 for the installation of fiber optics at Catherine Strong Park to enable access to the City's Network. Funding is available from 001-4137-572-46.90 (General Fund/Other Repair/Maintenance Costs). 6. Purchase award to Hector Turf in the amount of $20,641.12 via the GSA Contract #GS-00F-0087M for the purchase of one (1) Toro Greensmaster 3100 Mower for the Lakeview Golf Course. Funding is available from 446-4761-572- 64.90 (Lakeview Golf Course Fund/Other Machinery/Equipment). 9. REGULAR AGENDA: A. CONDITIONAL USE REOUEST /ISLAND AIR: Consider a request to allow the construction of a free-standing, 33-unit, multiple family townhouse development, to be known as Island Air, in the GC (General Commercial) zoning district, located on the east side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. (Quasi-Judicial Hearing) 06-06-2006 - 5 - B. BID AWARD/NEEDHAM ROOFING, INC.: Consider approval of a bid award to second lowest bidder, Needham Roofing, Inc., in the amount of $179,849.00 for the Re- roofing of the Community Center Gymnasium Project. Funding is available from 334- 4125-572-46.90 (General Construction Fund/Other Repair/Maintenance). C. BID AWARD /RA YSIDE TRUCK AND TRAILER., INC.: Consider approval of a bid award to second lowest bidder, Rayside Truck and Trailer, Inc. in the amount of $21,513.00 for the purchase of a utility body and crane to be mounted on City Vehicle #444 for maintenance of the Lift Station for the Utility Maintenance Division. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). D. POTENTIAL SALE OF PROPERTY/CHURCHILL PROPERTY: Consider approval of an agreement between the City and William Plum for a period of ninety (90) days to work on the City's behalf to sell the former Churchill property at a 3% comnusslon. E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). F. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITTEE: Appoint one (1) regular member to the Boca Raton Aviation Advisory Committee for a two (2) year term ending May 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). G. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board for an unexpired term ending December 13, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 30-06 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) Section 2.4.6, "Procedures for Obtaining Permits and Approvals", to provide that properties in single family residential districts may only be entided to one (1) extension for a building permit; amending Section 4.4.3, "Single Family Residential (R-l) Districts", by enacting Subsection 4.4.3(1), "Construction Site Conditions/Restrictions" and Subsection 4.4.30), "Violations of 4.4.3(1)", to provide for conditions and restrictions for structures that are undergoing construction and remedies for violators. If passed, a second public hearing will be scheduled for June 20, 2006. 06-06-2006 - 6 - B. ORDINANCE NO. 33-06 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) creating a new zoning district, Section 4.4.29, "MROC (Mixed Residential, Office, and Commercial) District", amending Section 4.3.4(K), "Development Standard Matrix" and Section 4.6.9 (C) (8) (a), "Shared Parking" to add MROC as a zoning district which can utilize shared parking. If passed, a second public hearing will be scheduled for June 20,2006. C. RESOLUTION NO. 35-06 AND RESOLUTION NO. 36-06: Consider approval of Resolution No. 35-06 and Resolution No. 36-06 authorizing the City to sell City owned property located at 1025 S.W. 10th Avenue and 1044 S.W. 10th Avenue to Southern Development Services, Inc. for the total amount of $19,600.00; and Contracts for Sale and Purchase between the City and Southern Development Services, Inc. 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. 34-06: An ordinance amending Section 37.45, "Supplemental Code Enforcement Procedures", to provide for civil violation imposition and collection of penalties via ticketing through City Code and Law Enforcement Officers; and to provide for a Hearing Officer to hear civil violation appeals. If passed, a public hearing will be scheduled for June 20, 2006. B. ORDINANCE NO. 32-06: Rezoning from RM (Medium Density Residential) to CF (Community Facilities) for Lots 11 and 23, Block 6, Adantic Gardens, located approximately 57 feet north of S.W. 2nd Street, between S.W. 11th Avenue and S.W. 12th Avenue for the Delray Beach Neighborhood Resource Center. If passed, a public hearing will be scheduled for June 20, 2006. C. ORDINANCE NO. 35-06: City initiated amendment to Land Development Regulations (LDR) Section 4.3.3, "Specific Requirements for Specific Uses", to require the installation of generators for certain critical facilities. If passed, a public hearing will be scheduled for June 20, 2006. D. ORDINANCE NO. 31-06: An ordinance amending Chapter 32, ''Departments, Boards, and Commissions", subheading "Advisory Boards and Committees" by amending Section 32.06, "Composition of Boards and Committees; Generally", Section 32.07, "Membership Qualifications/Requirements"; and Section 32.08, "Length of Terms; Restrictions", to provide that membership of a board may be established by resolution and to permit other City Board members to sit on the Unity Collaborative. If passed, a public hearing will be scheduled for June 20, 2006. 06-06-2006 - 7 - 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: .JUNE 2, 2006 06-06-2006 - 8 - MAY 16.2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:02 p.m., Tuesday, May 16, 2006. L Roll call showed: Present - Commissioner Rita Ellis Commissioner Fred Fetzer Commissioner Jon Levinson Commissioner Brenda Montague Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Pastor Sharon Austin with Cason United Methodist Church. 3. gIven. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mr. Levinson moved to approve the Agenda, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of May 2, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. Mrs. Ellis moved to approve the Minutes of the Special/W orkshop Meeting of May 9, 2006, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 05/16/06 6. PROCLAMATIONS: 6.A. St. Vincent Ferrer Catholic School - 50th Anniversary Mayor Perlman read and presented a proclamation hereby proclaiming 2006 as St. Vincent Ferrer Catholic School's 50th Anniversary Celebration. In addition, Mayor Perlman presented Sister Mary Clare Fennell with a plaque. Sister Mary Clare came forward to accept the proclamation and expressed her gratitude and appreciation to the Commission. 6.B. National Clean Beaches Week - June 29 - Julv 5. 2006 Mayor Perlman noted this proclamation will be mailed. 7. PRESENTATIONS: 7.A. Florida Atlantic University's Hometown Tour - Dr. Kristen Murtau!!h. Vice President of the John D. McArthur FAD Campus Dr. Kristen Murtaugh, Vice President of the John D. McArthur F AU Campus, gave a brief presentation regarding the John D. McArthur FAU Campus. Lee Collier, Assistant Director of Alumni Relations, gave a brief video presentation. Mark Hansen, Palm Beach County School Board member and 1993 F AU graduate thanked the Commission for the opportunity to be present this evening and stated he is a proud graduate of FAD. He stated F AU has opened up endless opportunities for him and appreciates the support from the City Commission and members of the community. Dr. Leslie Terry, Associate Dean for the Schmidt College of Science at FAU, stated FAU has the best students and faculty, the best resources that are unimaginable to most universities, the best community support and partners. She thanked the Commission for welcoming them to the Commission meeting and extended an invitation for those who would like a tour of the University. Pablo Piaz, Director of Corporate and Investor Relations for the GO Group and 2003 FAU Graduate, thanked the Commission for allowing them to give this presentation and briefly shared what F AU has meant to him in his life. He stated he was able to achieve success both personally and professionally regardless of his place of origin, religion, or race because ofFAU. - 2 - 05/16/06 Dr. Kristen Murtaugh stated one of the themes through FAD's new strategic plan is the strong relationship with the community. At this point, Lee Collier presented gifts to the Commission. 7.B. School "Spotlieht on Education" - Kathv Weieel. Principal of Atlantic Hieh Dr. Kathy Weigel, Principal of Atlantic High School, stated Atlantic High has had a wonderful year and noted that the new building is remarkable. Dr. Weigel stated they have now taken the partnership with the City of Delray Beach nationally this year when they speak throughout the country about not only the school but the city, the restructuring they have done in the instructional program, and the strengths of the program they have currently. Dr. Weigel stated as of last week, Atlantic High School is the 25th best high school in the nation as rated by Newsweek Magazine and the Washington Post. Dr. Weigel stated they have gone on the road with Commissioner Levinson who has talked about the business partnerships with the city as its business. David Youngman, International Baccalaureate (ill) Coordinator for Atlantic High School, stated there are approximately 1,000 schools worldwide that are able to offer students not only a regular high school diploma but an international baccalaureate diploma. He stated as of last year, Atlantic High School was the 30th largest IB school in the world. Mr. Youngman stated students participated at FAD in the Junior Engineering and Technical Societies Teams Competition and in this competition students are asked to work in a team of eight solving world engineering problems. He stated the Varsity Team finished fourth in the nation, the Junior Varsity finished fifth and both finished as the second best team in the state. Mr. Youngman introduced the following students who participated at FAD in the Junior Engineering and Technical Societies Teams Competition: Varsity Team Thomas Grothe Katherine Hu Michael Jezierny Jeanette Polcz Tashfiq Salam Adam Sorrin Daniel Southern Stephanie Wu Junior Varsity Team Rumen Iordonov Adi Krishnaprasad Adrei Kamalov Y oel Roth Michelle Zipperstein Russ Williams, Assistant Examiner for the International Baccalaureate Program, stated recently a group of students participated in Florida's Commissioners Academic Challenge held at the Contemporary Resort at Walt Disney World. Mr. Williams stated this is an academic competition involving schools throughout Florida to be a forum of academic excellence of the schools in Florida. He stated Atlantic High School represented Palm Beach County and finished third in the state out of all the large schools (19) that participated. Mr. Williams introduced the participating members from - 3 - 05/16/06 the Commissioners Academic Challenge Team that finished third: Rachel Goldberg Michael Jezierny Andrei Kamalov Christina Lee Lee Marmor Julian Zlatev Mr. Williams also introduced the National Honor Society (Mu Alpha Theta) who participated in a competition the week before and finished 18th in the state: N araj Borie Yimin Chen Marc Hendel Rumen Iordonov Michael Jezierny Andrei Kamalov Laser Kaplan George Ling Amit Mandalia Fabian Mohammadzadeh Ming-Da Qu Nikhil Shankar Adam Sorrin Brian Williams Dr. Weigel recognized the parents of the above named students along with the Valedictorian and the Salutatorian. Jeff Rasor, Delray Beach Police Officer and Director of the Criminal Justice Academy at Atlantic High School, introduced the following individuals who briefly explained some oftheir achievements. Stephanie Valez, President of the Florida Public Service Association, read a statement into the record regarding her experience in the Criminal Justice Academy at Atlantic High School. At this point, an Administrator Officer with the Criminal Justice Program at Atlantic High School came forward to thank Dr. Weigel, Captain Milenkovic and Officer Rasor for all they have done for this program. Jerry Crocilla, Atlantic High School Career Academy Coordinator, recognized the parents and gave a special thanks to Mr. and Mrs. Robinson who donated a fax machine to the Criminal Justice Academy at Atlantic High School which helped them place 5th in the state at their annual event. Dr. Weigel stated the other piece of the Leadership Academy is the ROTC under retired Lieutenant Colonel James Rodriguez. Lieutenant Colonel James Rodriguez, ROTC, thanked the City of Delray Beach for their support and stated the biggest achievement was to come up with a community service project that would provide something real and meaningful. He stated they developed a peer reading program where they went to three elementary schools and -4- 05/16/06 taught 75 fifth graders how to be peer reading tutors to second and third graders. He stated they are hopeful to expand this and try to make a big impact on the students' reading ability before they get to high school. 7.C. Hit!h Academic Performance Students - Atlantic Hit!h School Debra Kaiser, Chair of the Education Board for the City of Delray Beach, thanked Adam Sorrin for serving on the Education Board in addition to being Salutatorian. Ms. Kaiser stated in January the members of the African American Education Alliance and Governor J eb Bush honored community leaders, students, teachers and administrators who helped close the educational achievement gap between minority students and others at the 3rd Annual Martin Luther King Day Celebration. Nominees were received from all 67 Florida school districts and Governor Bush noted "equality is a dream big enough to share with everyone who believes in it". Ms. Kaiser stated as citizens and a parent everyone is delighted that Dr. Kathy Weigel was awarded the school administrator of the year distinction by the African American Education Alliance. Ms. Kaiser presented a plaque to Dr. Kathy Weigel commemorating this honor and donated two books on African American history to the Atlantic Community High School library in her name. 7.D. Julie Harris - 2006 Hit!h School Poster and Essav Contest Winner Mayor Perlman stated Julie Harris (student at Atlantic High School) wrote an essay and is the winner of the National Association of Realtors Fair Housing Poster and Essay Contest. Mayor Perlman read the essay "There's No Place Like Home" written by Julie Harris into the record and presented her with a Special Recognition Award Certificate. Julie Harris came forward to accept her certificate and thanked the Commission for giving her the opportunity to get involved in the community. 7.E. Awards Presentation - Historic Preservation Month Poster Contest Amy Alvarez, Historic Preservation Planner for the City of Delray Beach, stated this year the City of Delray Beach held its 4th Annual Historic Preservation Month Poster Contest. This year's theme was "Sustain America: Vision, Economics and Preservation" and staff received a total of 12 posters from two local schools. The Historic Preservation Board reviewed the submittals and selected the winners on May 3, 2006. Mrs. Alvarez presented the following winners with certificates: 3rd Place - Tom Jenkins, American Heritage - 12th Grade 2nd Place - Randon Casey, American Heritage _10th Grade 15t Place - William Harris, Atlantic High School - 12th Grade (also received a $500 savings bond) - 5 - 05/16/06 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/MARK DOWN TOWN PLAT: Approve the subdivision plat for Mark Down Town, a mixed-use development, located on the southeast and southwest comers of S.E. 2nd Street and S.E. I st Avenue. 8.B. FLORIDA COMMUNITIES TRUST (FCT) GRANT/WESTERN SENIOR! COMMUNITY CENTER: Authorization to apply for a Florida Communities Trust (FCT) Grant in the amount of $2,200,909.05 for land purchased for the site of the Western Senior/Community Center. 8.C. SPECIAL EVENT REQUEST/4th OF JULY: Approve a special event request for the 4th of July Celebration event to be held from noon until 12:00 midnight, including a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from the east side of N.E./S.E. 6th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard. 8.D. RESOLUTION NO. 21-06 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/1127 NASSAU STREET): Approve a tax exemption request for eligible improvements to 1127 Nassau Street, located in the Nassau Park Historic District; and approve Resolution No. 21-06. The caption of Resolution No. 21-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO GEORGE G. SIDDALL, JR. & CATHY APPLETON FOR THE HISTORIC REHABILITATION OF PROPERTY LOCATED AT 1127 NASSAU STREET, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH THE LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1 (M)(5); PROVIDING AN EFFECTIVE DATE. office. ) (The official copy of Resolution No. 21-06 is on file in the City Clerk's 8.E. BASELINE BUDGET SUBMISSION/CHILDREN'S SERVICE COUNCIL (CSC)!BEACON CENTER AT VILLAGE ACADEMY: Approve authorizing staff to submit the baseline budget funding request for Fiscal Year 2006/07 to the Children's Service Council of Palm Beach County in the amount of $853,075.00 for the program and services associated with the Beacon Center at Village Academy. - 6- 05/16/06 8.F. SERVICE AUTHORIZATION NO. 2.0/KIMLEY-HORN AND ASSOCIATES. INC.: Approve Service Authorization No. 2.0 to Kimley-Horn and Associates, Inc. in the amount of $23,558.00 for schematic site plan work to develop the new soccer complex at the former Atlantic High School site. Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Soccer Complex). 8.G. ITEM REMOVED FROM AGENDA. 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 1, 2006 through May 12, 2006. 8.1. SPECIAL EVENT REOUEST/2006 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2006 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on June 10 and 11,2006. 8.J. CHANGE ORDER NO. 2 (CONTRACT CLOSEOUT)IFINAL PAYMENT/INTEGRITY WELL & PUMP COMPANY: Approve Change Order No. 2 (Contract Closeout) in the amount of a $10,820.66 decrease and final payment in the amount of $17,073.97 to Integrity Well and Pump Company for completion of the Aquifer Storage and Recovery Facility Rehabilitation Project. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair/ Maintenance Costs). 8.1(. CHANGE ORDER NO.1 (CONTRACT ADDITION)/ALMAZAN BROTHERS: Approve Change Order No. I (Contract Addition) in the amount of $34,928.00 to Almazan Brothers to the Royal Palm Drive Road Reconstruction Project for the clearing of underbrush and nuisance trees at the Western Senior/Community Center site. Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Western! Senior Center). 8.L. RESOLUTION NO. 27-06: Approve Resolution No. 27-06 amending Resolution No. 72-05 and Resolution No. 18-06, FY 2005-2006 Budget Adoption. The caption of Resolution No. 27-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING RESOLUTION NO. 72-05 ADOPTED SEPTEMBER 20, 2005, AND RESOLUTION NO. 18-06 ADOPTED APRIL 18,2006 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRA Y BEACH, FLORIDA, FOR THE FISCAL YEAR 200512006, BY SETTING FORTH THE ANTICIPATED REVENUES AND - 7 - 05/16/06 EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 200512006; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 27-06 is on file in the City Clerk's office.) 8.M. ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Authorize staff to submit a grant application to the South Florida Water Management District (SFWMD) for supplemental funding for the construction of the City's Area 4 Reclaimed Water Transmission System. 8.N. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $50,000.00 for 2455 Lindell Boulevard #3206. This brings the number to 170 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home Owner Subsidy). 8.0. AWARD OF BIDS AND CONTRACTS: 1: Purchase award to National Waterworks, Inc. in the amount of $65,036.70 for water main pipe materials for the Lake Ida Water Main Project. Funding is available from 442-5178-536-65.98 (Water/Sewer Renewal & Replacement Fund/Water Main/Lake Ida Area). 2. Contract award to JMW Construction Corporation, Inc. in the amount of $15,000.00 for the addition of concrete slabs for transit bus shelters #19 and #20 along Atlantic Avenue and shelters #33, #34, and #38 along Congress Avenue to accommodate handicap access and shelter trash cans. Funding is available from 334-3162- 544-65.70 (General Construction Fund/Transit Stop Bus Shelters). 3. Contract award to REP Associates, Inc. in the amount of $15,840.00 for professional services for the Mold Remediation Project at the north wing of City Hall. Funding is available from 001-2911-519-31.90 (General Fund/Other Professional Services). 4. Contract award to REP Associates, Inc. in the amount of $12,184.00 for professional services for the Mold Remediation Project at the Municipal Golf Course Clubhouse. Funding is available from 001-2911-519-31.90 (General Fund/Other Professional Services). 5. Purchase award to SunGard HTE, Inc. in the amount of$16,910.00 for the purchase of Procurement Card Software to streamline the - 8 - 05/16/06 recording of purchasing card transactions into the General Ledger for the Finance Department. Funding is available from 001-1511- 513-66.10 (General Fund! Software). Mrs. Ellis moved to approve the Consent Agenda, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:55 p.m., the Commission moved to Item 9.E. of the Regular Agenda. 9.E. LEASE AGREEMENT/FIRST PRESBYTERIAN CHURCH: Consider approval to renew the parking lot lease agreement with First Presbyterian Church for a five (5) year period. At this point, Mr. Levinson stepped away from the dais. The City Attorney stated the City of Delray Beach has a lease with the First Presbyterian Church of Delray Beach for parking and it has expired. The monthly amount is $1,280.00 which will be increased 3% per year compounded to reflect inflation. Mrs. Ellis moved to approve the lease agreement with the First Presbyterian Church for a five (5) year period, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 9.H., Resolution No. 25-06. 9.H. RESOLUTION NO. 25-06: Consider approval of Resolution No. 25-06 authorizing the issuance of Water and Sewer Bonds in the aggregate amount of $7,000,000.00; and authorize the sale of such bonds to Branch Banking and Trust. The caption of Resolution No. 25-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING A NINTH SERIES OF WATER AND SEWER REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE BONDS, SERIES 2006 (THE "BONDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,000,000 - 9 - 05/16/06 FOR THE PURPOSE OF FINANCING CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; AUTHORIZING THE NEGOTIATED SALE OF SAID BOND AND APPROVING THE FORM, AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS TO BRANCH BANKING AND TRUST COMPANY; INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO. 39- 88, AS AMENDED AND SUPPLEMENTED; DESIGNATING THE BONDS AS "QUALIFIED TAX- EXEMPT OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 25-06 is on file in the City Clerk's office.) Mrs. Montague moved to approve Resolution No. 25-06, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to o vote. 9.1. FEDERAL AVIATION ADMINISTRATION (FAA)/TERMINAL RADAR APPROACH CONTROL (TRACON): Consider approval of authorizing the Mayor to send a letter to the Federal Aviation Administration (FAA) expressing the City's concern regarding the FAA's decision to move Palm Beach International Airport's (PBIA) Terminal Radar Approach Control (TRACON) to Miami International Airport. At this point, Mr. Levinson returned to the dais. The City Manager stated the City was contacted by an area resident about the FAA's decision to move Palm Beach International Airport's (PBIA) Terminal Radar Approach Control (TRACON) to Miami International Airport. He stated staff shares the concern that was expressed that in the case of a hurricane damaging that facility, the entire South Florida area would be without radar controls. Therefore, the City Manager - 10- 05/16/06 stated this is not a good idea and suggested that the City support the position that this should not be done. Mayor Perlman stated this is supported by our Congressional Delegation (i.e. Congressman Clay Shaw, Congressman Mark Foley, Congressman Robert Wexler, and Congressman Alcee Hastings). Mr. Fetzer moved to approve authorizing the Mayor to send a letter to the Federal Aviation Administration (FAA) expressing the City of Delray Beach's concern regarding the FAA's decision to move Palm Beach International Airport's (PBIA) Terminal Radar Approach Control (TRACON) to Miami International Airport, seconded Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 26-06: Privately initiated rezonmg from A (Agricultural) to R-I-AAA (Single Family Residential) for the Germantown Road Subdivision, located on the south side of Old Germantown Road (3426 Old Germantown Road). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 26-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED A (AGRICULTURAL) DISTRICT TO R-I- AAA (SINGLE FAMILY RESIDENTIAL); SAID LAND BEING A PARCEL LOCATED AT THE SOUTHEAST CORNER OF OLD GERMANTOWN ROAD AND RABBIT HOLLOWE DRNE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 26-06 is on file in the City Clerk's office.) - 11 - 05/16/06 The City Attorney read the caption of the ordinance. A quasi-judicial and public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson and Mrs. Montague had no ex parte communications to disclose. Mayor Perlman stated he had a brief conversation with Collen Shuman who lives nearby. Mrs. Ellis and Mr. Fetzer had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-184 into the record. Mr. Dorling stated this is a rezoning of a 2.48 acre site which currently has an Agricultural Zoning designation and contains two one-story structures and the applicant desires to subdivide the property into four lots and develop single family homes under the R-1-AAA district requirements. At its meeting of April 17, 2006, the Planning and Zoning Board held a public hearing in conjunction with this rezoning request. Five residents from the Rabbit Hollowe and Verona Woods subdivisions had questions concerning environmental issues regarding potential contamination of the soil and water table by historic nursery uses, future rezoning requests that may seek to increase density, and access concerns from Old Germantown Road. Their primary concern of residents was the future access from Old Germantown Road and they were concerned that this future subdivision would utilize that road. After deliberating, the Planning and Zoning Board found that the required findings with respect to Section 3.2.2, 3.1.1 and 2.4.5(D)(5) of the LDR's are met and staff recommends approval of the request. Jason Mankoff. Weiner & Aronson. P.A.. 102 N. Swinton Avenue. Delrav Beach. stated they adopt the findings in the staff report which confirm that they have met the required findings of Section 3.1.1 and 3.2.2. They are requesting a rezoning to the most restrictive residential zoning and the proper development pattern would be to ensure that this property is zoned R-l-AAA as well and incorporate the findings in the staff report concerning LDR Section 2.4.5(D)(5). As the staff report indicates, the land use designation, development standards matrix, and the comprehensive plan and the intent of the agricultural zoning district both clearly state that the agricultural designation is often used as a holding zone. Good urban planning dictates that the zoning on this property should be consistent with the prevailing land use patterns in the area of the surrounding R-1-AAA and that the agricultural holding zone should be eliminated. Mr. - 12 - 05/16/06 Mankoff stated the Planning and Zoning Board recommended approval as does the Planning and Zoning staff. For these reasons, he urged the Commission to support this rezonmg. Mayor Perlman stated if anyone would like to speak in favor or in opposition of Ordinance No. 26-06, to please come forward at this time. Mr. Fetzer moved to adopt Ordinance No. 26-06 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 28-06: Privately initiated amendment to Land Development Regulations (LDR) Section 4.3.3, "Special Requirements for Specific Uses" and Section 4.3.4(H)(4), "Structures Allowed in Setbacks", to allow permanently installed generators within required setbacks and providing specific regulations for the location, operation, and buffering of permanent generators. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 28-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3(ZZ), "PERMANENTLY INSTALLED GENERATORS", TO PROVIDE FOR THE REGULATION OF PERMANENTLY INSTALLED GENERATORS; AND BY AMENDING SECTION 4.3.4(H)(4), "STRUCTURES ALLOWED IN SETBACKS", TO ALLOW FOR PERMANENTLY INSTALLED GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-06 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. - 13 - 05/16/06 Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated amendment and noted that the LDR's currently do not specifically identify generators as items that are allowed in required setbacks. Staff has been considering them a kin to air conditioners and applying a three foot maximum similar to other structures that are allowed within the required setbacks. It is noted that the newer generator models are up to 4.5 feet high, partially due to increased sound attenuation improvements, and as such are in conflict with this previous provision. On March 2, 2006, the Planning and Zoning Department received a privately initiated text amendment from Personalized Air Conditioning & Electrical, Inc. to clarify the requirements and allow these larger generators (up to 4.5 feet) within the required setbacks. During review, additional modifications suggested by staff and agreed to by the applicant have been added which delineate specific requirements that address the location, operation, and buffering of permanent generators. At its meeting of April 17, 2006, the Planning and Zoning Board held a public hearing regarding this item and there was no public testimony regarding the proposed amendment. After discussing the amendment, the Board voted 7-0 to recommend approval ofthe proposed amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 28-06, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 28-06 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote. to.C. ORDINANCE NO. 29-06: City initiated amendment to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standards Matrix", to clarify setbacks for structures in residential districts. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 29-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO CLARIFY THE SETBACK FOR THE THIRD - 14- 05/16/06 STORY OF A THREE STORY BUILDING IN RESIDENTIAL ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-06 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance is to clarify setbacks that currently exist in the code. The increased 3-story multi-family structures in the RM (Multiple Family Residential - Medium Density) and PRD (Planned Residential Development) zoning districts is to mitigate the visual impact of the additional building mass on surrounding properties. As currently written, there is some confusion as to whether the increased setbacks apply to the entire structure or to the third story component only. A building that is only one or two stories in front and 3 stories in the rear does not have the same impact at the front property line as one which is entirely 3 stories high. The proposed amendment is to clarify this difference and apply the increased setback for 3-story buildings only to those portions of the building which are actually 3 stories in height. At its meeting of April 17, 2006, the Planning and Zoning Board considered this request. After the presentation from the Planning staff, the Board voted 7 to 0 to recommend approval of the amendment. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 29-06, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 29-06 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. to.D. RESOLUTION NO. 23-06 (RELEASE OF RESERVATION IN PROPERTY): Consider approval of the release of reservation on property (225 sq. ft.), located near the comer of A-I-A and Atlantic Avenue; and approve Resolution No. 23-06 and associated Quit Claim Deed. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 23-06 is as follows: - 15 - 05/16/06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO RELEASE ANY RESERVATION THAT IT HAS IN THE REAL PROPERTY LOCATED IN THE VICINITY OF THE INTERSECTION OF ATLANIC AVENUE AND A-I-A AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 23-06 is on file in the City Clerk's office. ) The City Attorney stated this is before the Commission for a public hearing because it is a Quit-Claim deed that the City of Delray Beach is in the process of giving (if they vote to do so) to release private right of easements in certain lands. Staff recommends approval of Resolution No. 23-06. Mrs. Ellis moved to approve Resolution No. 23-06, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manal!er's response to prior public comments and inquiries. With regard to a previous concern expressed by Mrs. Finst about the number of demolitions around town leaving vacant properties and suggested that the City require a site plan before demolition occurs, the City Manager stated it is the City's experience that we much rather be dealing with vacant land than vacant buildings. The Police report for this month talks about property on North Federal Highway that had been acquired by someone for redevelopment and the buildings had not been demolished and there are problems with vagrancy, prostitution, and drug use in those buildings. The City Manager stated the Police Department has had to take extraordinary steps to secure the buildings. With regard to a previous concern expressed by Mr. Fields about people crossing at the A-1-A crosswalks, the City Manager stated the crosswalks will be reworked as part of the work to be done on A-1-A and will start later this year or early next year. The City Manager stated there is still some debate about exactly what form the crosswalks are going to take; however, they will be improved. Also, with regard to a concern expressed about people walking across Atlantic Avenue in front of the Blue Anchor Pub, the City Manager stated pedestrians have two choices; they can either go to - 16- 05/16/06 the light at 7th Avenue or take the passageway underneath the bridge without having to cross the street. The City Manager stated there are ample opportunities for safely crossing the street. 11.B. From the Public. 11.B.1. John Bennett. 137 Seabreeze Avenue. Delrav Beach. distributed the traditional flyer for the American Legion Annual Memorial Day ceremonies and invited everyone to attend. The ceremony will begin at 9:30 a.m. and at 12:00 noon there is a spaghetti dinner at the Post home. He also noted that the VFW is having their ceremony at 11 :00 a.m. at Veteran's Park. Mr. Bennett stated Memorial Day is to honor those who gave their lives for our nation and he read into the record Delray's fallen. He stated these individuals were all originally from Delray Beach who left to fight in the country's wars and fell (attached hereto is a copy and made an official part of the minutes). At this point, the time being 7:14 p.m., the Commission moved to Item 9.A. of the Regular Agenda. 9. REGULAR AGENDA: 9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION ASSOCIATED WITH 112 N.E. 7TH STREET: Consider an appeal of the Historic Preservation Board's decision granting a certificate of appropriateness for new construction at 112 N.E. ih Street, located in the Del-Ida Park Historic District. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The City Attorney stated she received a letter from Michael Weiner contesting whether the appeal is appropriate in that they alleged the Planning and Zoning Department made the appeal. However, it was actually the City Commission who voted to appeal it and it was the Planning and Zoning Department that made a recommendation to the City Commission. Therefore, the City Attorney stated staff believes this is not an appropriate basis to discontinue the appeal. Secondly, the City Attorney stated Mr. Weiner objected to Ms. Landry having party status. The rules say that if someone is within 500 feet of the area that you have grieve party status as a matter of right. This appellant would have standing different than those of a City-at-Iarge because she lives in the historic district and has certain expectations of her neighborhood and others who do not live there may not. Therefore, the City Attorney stated it would be appropriate for Ms. Landry to be a party and the neighbors who joined in her appeal as well. There is also a claim that Mr. Weiner's due process rights and his clients are affected adversely - 17 - 05/16/06 and they are requesting 40 minutes to speak. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-382 into the record. Mr. Dorling stated on April 19, 2006, the Historic Preservation Board (HPB) held its meeting and considered a Certificate of Appropriateness (COA) for the construction of a new home (4,278 square feet) totaling 3,395 under air of a two-story single family residence located at 212 N.E. 7th Street and was approved by HPB with conditions. He stated this was the third time that this application came before the Board; the first one had received a recommendation of continuation by staff with direction to reduce the scale and mass of the structure and the last two requests had received a staff recommendation of denial. The summary of those three submissions were that the first submission was a 4,050 square foot building under air; the next submission was a 4,111 square foot building under air; and then the one that was approved was 3,395 square feet. The total building square footage was 5,280 for the first one; 5,010 for the second and 4,278 for the one that was approved. Mr. Dorling stated one of the issues that were raised was related to the width and the mass of the second story along the street face which was reduced from 40 feet to 38 feet. He stated there were some incremental but some very minute changes made in some of those criteria and staff did not feel that the applicant had gone far enough to warrant a recommendation of approval. The Lad's identify the requirements that need to be made per Section 4.5.1 (E)(4) & 4.5. 1 (E)(8)(a-k). The LDR sections also require consistency with the Secretary of Interior's Standards for Rehabilitation and those findings staff was unable to make as well. He stated the emphasis is on compatibility and staff felt that this structure did not meet the massing, size, and scale of the historic district. Mr. Dorling stated there are also seven (7) Delray Beach Historic Preservation Design Guidelines which talks about compatibility comparing the massing to ones that enhance the historic setting in a historic district and staff could not make positive findings with those. Staff recommended denial with direction that the second story mass be further reduced and that the structure be predominantly one-story in design to maintain the historic character. The Board deliberated and recommended approval subject to conditions. Warren Adams. 1020 N.W. sth Street. Bovnton Beach (expert witness) read his credentials into the record and entered his resume into the record. He stated HPB's approval is inconsistent with the LDR's, the Delray Beach Historic Preservation Design Guidelines, the Secretary of Interior's Standards, and inconsistent with its own Board's direction of March 15, 2006. He made reference to LDR Section 4.5.1(E)(7) which states that "the construction of new buildings or structures shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building." Mr. Adams stated it is important to note that since the replat of the six lots to four lots which was reviewed at the Historic Preservation Board meeting on June 15, 2005, it has been consistently stated to the developer that the four homes will be required - 18 - 05/16/06 to meet strict historic preservation design guidelines to ensure compatibility with respect to design, massing, and relation to the surrounding area. He stated the ruling by HPB is inconsistent with LDR Section 4.5.I(E)(7) & 4.5.1(D)(8) and is inconsistent with the Delray Beach Historic Preservation Design Guidelines, the Secretary of Interior's Standards for Rehabilitation, and the Historic Preservation Board's own direction of March 15,2006. Staff urged the Commission to approve the appeal and overturn HPB's decision. At this point, the following appellants came forward: Robert Mannweiler. 109 N.E. 7th Street. Delray Beach (appellant who is appealint!: with Livia Landry. Lois Brezinski and Hayden Burrus). agrees with comments expressed by Mr. Adams and stated the home is approximately 1,000 square feet larger than the largest home in the entire district. Mr. Mannweiler stated he wants to help preserve what historic Delray Beach is all about and does not want to see this go away. Hayden Burrus. 10 N.E. 6th Street. Delray Beach. stated it has been statistically proven that this is a very large house and noted this is not just about one house. Mr. Burrus stated the neighborhood has several homes up for sale (i.e. vacant lots) and he feels people need to send a message to the Historic Preservation Board as well as people who are potentially interested in developing these properties. He stated this is about the vacant lot on the comer of 6th and Swinton Avenue that is currently for sale and expressed concern that if this is approved there may potentially be another 4,000 square foot home proposed there. He urged the Commission to preserve the smaller homes in the historic district and preserve Delray's history. Lois Brezinski. 110 N.E. 7th Street.. Delray Beach (lives next to the proposed development) feels that this is an opportunity for Delray Beach to show leadership not only in Palm Beach County but perhaps the state since many communities are dealing with this issue. Ms. Brezinski stated this is a matter of principle and when she bought in a historic district she wanted to live in a historic district and have the homes in the historic district all reflect the same character. She thanked the Commission for taking the initiative so far and hopes they will continue to take the initiative. Michael Weiner. 102 North Swinton Avenue. Delray Beach (representint!: the applicant). gave a brief history of the project and distributed booklets to the Commission for the record. Eut!:ene A. Nowak. expert witness. included his resume in the handout provided by Mr. Weiner and gave a brief statement. Mr. Nowak stated it is a very subjective design criteria and it should be more specific. Mr. Weiner briefly reviewed the elevations (tab #7 of the booklet). He urged the City Commission to deny the appeal and support the HPB's decision. - 19 - 05/16/06 Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Shannon Dawson. 527 North Swinton Avenue. Delray Beach. speaking as an applicant going through the process with her family stated the issue is not really the actions of the Historic Preservation Board but rather staff s inability to adhere to current guidelines and the LDR's since the moratorium was put into affect. She stated basically every application is getting thrown out and forced under the moratorium and applicants have to wait for the new guidelines. Ms. Dawson urged the Commission to treat everyone fairly. Julia Taylor. 225 Royal Court. Delray Beach (owns 7 properties in Delray Beach). stated she likes the project and is very saddened to see the moratorium. She stated things are getting very difficult in the historic district and noted her uncle owns the property on the comer of N.E. 6th Street and Swinton Avenue. Ms. Taylor stated she was blessed by being allowed to build a home and a garage in the historic district. She feels there are many issues to consider as to why a garage is beneficial and urged the Commission to be fair and feels the moratorium is hurting everyone. Scott Correale. 527 North Swinton Avenue. Delray Beach. stated he has gone through this process in the last 7 months and feels there are inconsistencies occurring within the Planning and Zoning Department (i.e. the processes as well as the availability of information). He stated he along with others received guidance to move forward with what they presented and made adjustments as advised to do so and were still denied. Mr. Correale stated the only thing that is consistent is the inconsistencies going through the City right now and he urged the Commission to vote in favor of this house and other houses being built. Carolyn Patton. 1020 Tamarind Road. Delray Beach (property owner in the Marina Historic District). supports the moratorium and stated tonight has nothing to do with the moratorium because this issue went through before the moratorium. Secondly, she stated tonight is not about 527 North Swinton; however, the subject property is too massive for the historic district and she strongly supports the appeal. Ms. Patton applauded the people who have attended the meeting this evening in support of saving the historic district. Jackie Brant. 10 N.W. 9th Street. Delray Beach. sells properties in the historic neighborhoods and part of what makes it wonderful is that the historic neighborhoods have been protected. She stated she recently sold a home in the Marina Historic District for a nice sum of money to a couple who is delighted to have a small historic home and they are not looking to tear it down or build. Ms. Brant urged the Commission to support the appeal. Mark Fields. 414 Seasaee Drive #5. Delray Beach. supports the appeal; however, he expressed concern for those who are presenting their proposals this evening - 20- 05/16/06 because he feels it is unfair to them. He stated the mandate of the HPB is to advise the City Commission and if they have not made the right choices, this does not make their decisions correct. Mr. Fields stated if there are ambiguities in the law then this needs to be corrected. He feels the rules are clear in some areas but that the real issue is the implementation of the rules. David Rosenbom. 711 North Swinton Avenue. Delrav Beach. stated he works in Delray Beach and will not be able to live in his property for a very long time. He does not support the moratorium and does not feel it is the best thing for Delray Beach. He stated over the last 7 years he has witnessed good changes and this is why he wants to live here. Havden Burrus. 10 N.E. 6th Street. Delrav Beach (party), asked Mr. Weiner immediately prior to demolition and Mr. Spangler's purchase of the property, how many residences were on that group of properties. In response, Mr. Weiner stated there was one residence on the six properties. Andrew Spanl!ler. 112 N.E. 7th Street. Delrav Beach. stepped forward to the microphone to answer questions. Livia Landry. 701 North Swinton Avenue. Delrav Beach. stated she lives in a contributing home where she is restricted in what she can do. She asked what will happen to the value of her home (being a contributing home that is limited to what can take place on this piece of property) when eventually she is surrounded by large scale homes. Lois Brezinski. 110 N.E. 7th Street. Delrav Beach. asked Mr. Nowak what experience he has had working in historic districts and what experience does he have working with historic design guidelines, LDR's, and specifically the Secretary of the Interior's Standards for working in historic districts. Ms. Brezinski stated Mr. Nowak made the comment that 110 N.E. 7th Street is a two-story structure and she noted this is her home and it is not a two-story structure. She asked Mr. Nowak ifhe has ever worked in the City of Delray Beach and Mr. Nowak stated he has not. Michael Weiner. 102 North Swinton Avenue. Delrav Beach. stated 711 North Swinton Avenue has an existing structure on it and asked if 711 North Swinton Avenue was an addition to a structure. Mr. Adams stated the application was for the addition to the structure. Mr. Dorling gave a brief rebuttal: Mr. Dorling stated this is not about the appellant's home but is about compatibility of this proposal with the district as a whole. He stated staff has provided expert testimony which verifies that this is out of scale with respect to mass and scale of the neighborhood and in absence of that finding he feels the Commission should uphold - 21 - 05/16/06 this appeal. Mr. Dorling stated guidance was given to the developer to scale the project down and commented that the second proposal was actually of a greater scale than the first one. He stated the staffs guidance was not followed and therefore a recommendation of denial was put forth. Warren Adams. 1020 N.W. 8th Street. Bovnton Beach. stated they are not saying that they do not want garages in historic areas but are saying that double garages attached to buildings are not consistent with the architectural character of the Del-Ida Park Historic area. In addition, he stated staff does not have a problem with two stories but they feel the second story should be reduced in area. Mr. Adams stated the LDR's are very specific and new construction must be compatible with historic architecture. He stated the applicant has been before the Board several times because he has not followed direction and was specifically instructed that the square footage of the house should be compatible with the square footage of the other houses on that street not in the historic area. The following individual gave a brief rebuttal: Michael Weiner. 102 North Swinton Avenue. Delrav Beach. (representinl! the applicant). for the record clarified that he has a printout from the Property Appraiser's page for Mr. Mannweiler. The address is 109 N.E. 7th Street and this two-story house (built in year 2000) covers 50% of the lot and was approved by the Historic Preservation Board (HPB). The City Manager stated the City's records indicate that the property at 110 N.E. ih Street is actually 9,000 square feet (not 6,000 square feet) and that floor area ratio is 28%. In addition, he stated 109 N.E. ih Street is a freestanding 50 foot lot and those can be developed under the LDR's and that house was allowed to be built on the 50 foot lot because it was separately owned. He has also seen plans for a house in a historic district where it had an attached garage but it was in the back so that the garage doors were not facing the street and in his opinion this is the issue with this particular design. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Ellis moved to approve the appeal and adopt the Board Order, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passes with a 5 to 0 vote. 9.B. RECONSIDERATION OF A CONDITION OF APPROVAL ASSOCIATED WITH A CONDITIONAL USE REQUESTIROYAL PALM BEACH CLUB: Reconsideration of a condition of approval associated with the conditional use request to allow a free-standing multiple family development to be known - 22- 05/16/06 as Royal Palm Club at Delray Beach in the GC (General Commercial) zoning district, located at the northeast comer of South Federal Highway and Fladell's Way (2501 South Federal Highway). (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson stated he had no ex parte communications to disclose. Mayor Perlman stated he had no ex parte communications to disclose. Mrs. Montague stated she had a conversation with Michael Weiner. Mr. Fetzer stated he had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department proj ect file #2006-040 into the record. Mr. Dorling stated this is an item that staff is bringing back to the Commission for a reconsideration of one condition of approval. He stated when this item came before the City Commission at their meeting of April 4, 2006 there were six conditions that were adopted as part of the finding. However, during the discussion, there was a relief that was sought for a separation requirement (condition #4). It was the understanding of staff that the Commission supported this although the motion that was approved did not reflect this. Therefore, when this went back to the Site Plan Review and Appearance Board (SPRAB) they took the conditions that were adopted and asked for some clarification. Mr. Dorling stated when this was presented to the Commission, staff said they supported the internal adjustment for those interior buildings and that it did not affect the adjacent neighborhoods. He reiterated that this was supported by the Commission; however, it was not reflected in the motion which said the Commission would provide the 25 feet for all buildings. The City Attorney stated this item is not for a reconsideration of a condition of approval, but is really a motion for clarification. Mr. Dorling confirmed that this is a motion for clarification. Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North Swinton Avenue. Delrav Beach. stated they agree with the staff report and the refining of the conditions of approval as written by staff. He apologized for not catching this at the time the motion was made. Mr. Levinson moved to approve a substitute item Condition #4 which is listed in the staff report for the original item #4, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. - 23- 05/16/06 9.C. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)!REG ARCHITECTS. INC: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) which provides for City funding in an amount not to exceed $50,000.00 for work performed by REG Architects, Inc. to address the City's historic districts and additional regulations. Funding is available from 001-2511-515-31.90 (General Fund/Other Professional Services). Mayor Perlman declared a conflict of interest, passed the gavel to Vice Mayor Ellis and stepped down from the dais. The City Attorney stated this is an Interlocal Agreement with the CRA and the CRA has a contract with Rick Gonzalez's firm REG Architects, Inc. and REG wants to add on the work for the historic guidelines. The work would entail a contribution from the City of Delray Beach of $50,000.00 and $50,000.00 would be paid by the CRA. Mr. Levinson moved to approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Vice Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 9.F. of the Regular Agenda. 9.F. RESOLUTION NO. 24-06: Consider approval of Resolution No. 24-06 authorizing the City to purchase property for a public parking garage, located at the southwest comer of N.E. 1st Street and N.E. 2n Avenue; and Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) in the amount of $6,000.000.00. The caption of Resolution No. 24-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRA Y BEACH, FLORIDA; AND AN EFFECTIVE DATE. (The official copy of Resolution No. 24-06 is on file in the City Clerk's office.) - 24- 05/16/06 Mr. Levinson moved to approve Resolution No. 24-06, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Perlman returned to the dais and the Commission moved to Item 9.D. of the Regular Agenda. 9.D. MORATORIUM/IN-LIEU PARKING FEE REQUESTS: Consider a request from the Parking Management Advisory Board (PMAB) to impose a temporary moratorium on the approval of in-lieu of parking fee requests until modifications to the in-lieu fees are codified. Staff recommends denial. Scott Aronson, Parking Management Specialist, stated at its meeting of April 25, 2006, the Parking Management Advisory Board (PMAB) was presented with some modifications to the in-lieu of fees that are currently charged in the in-lieu areas. Mr. Aronson stated staff was waiting to get appropriate land values and updated construction costs. During that meeting after some deliberation, the Board tabled the item to allow members additional time to evaluate the information and although a quorum was present (six of eleven members) the members wanted additional input from the absentee members. Subsequent to tabling the item, another motion was offered to impose a temporary moratorium on the approval of any additional in-lieu requests until the modifications to the in-lieu fees (if any), were codified. Given the low volume of requests and the potential negative impact this moratorium might create, staff does not support the recommended moratorium. Further, if the PMAB determines the appropriate direction at their next meeting enactment of the associated changes could occur in approximately the same time frame as enactment of a moratorium. Mr. Levinson moved to deny the Parking Management Advisory Board's (PMAB) recommendation and allow them to "weigh in" when they have a full committee and then bring the recommendation back to the Commission, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion to DENY passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.G. of the Regular Agenda. 9.G. SPECIAL EVENT REQUEST/ART & JAZZ: Consider approval and endorsement of Art & Jazz on the Avenue scheduled for June 29, 2006 from 6:00 p.m. to 10:00 p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue to N.E. 7th Avenue, S.E. 7th Avenue from Atlantic Avenue to the parking lot entrance south of Atlantic Avenue, the alley north of Atlantic Avenue between N.E. 2nd Avenue and Railroad Way, Railroad Way from Atlantic Avenue to the alley just north of Atlantic Avenue, and N.E. 2nd Avenue from Atlantic Avenue to the alley. - 25- 05/16/06 Robert A. Barcinski, Assistant City Manager, stated the Commission has been asked to endorse the next Art & Jazz on the Avenue to be held on June 29, 2006 from 6:00 to 10:00 p.m., approve the street closures and staff support as requested. Mr. Barcinski stated there is a permit request, site plan, and insurance certificate included. The estimated overtime cost for this event is $8,800.00 and cost for barricade rental is estimated at $275.00. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 20% for all costs over $1,000.00. The estimated charges for this event are $1,835.00. Mr. Levinson expressed concern that we continue to not to do anything different and he understands from certain individuals that it would be nice for the Downtown Marketing Cooperative (DMC) to spend time brainstorming on how we can put some new life into Art & Jazz on the Avenue because the same bands are in the same places. He stated it is time to look into something different and therefore he will not support this event. Mr. Fetzer concurred with comments expressed by Mr. Levinson and feels it would be a good topic for a Workshop meeting to discuss some alternatives for Art & Jazz on the Avenue. Mrs. Ellis stated having been to the last Art & Jazz on the Avenue, she stated there were new bands, more jazz, and the event was well attended. She stated she talked to numerous people on the street that evening who felt that Art & Jazz on the Avenue had been kicked up a notch (i.e. participation of Old School Square, the pavilion, the library, the tennis site extending the event beyond Swinton Avenue to include some of the merchants along West Atlantic Avenue). Prior to the vote, Mrs. Montague asked how the Commission can address Mr. Wheat's concerns but at the same time move this forward. Brief discussion between staff and the Commission followed. Mrs. Ellis moved to approve Art & Jazz on the Avenue to be held on June 29,2006 from 6:00 p.m. to 10:00 p.m., with significant consideration for those businesses (including Mr. Wheat's) on S.E. ih Avenue that are open until 5:00 p.m. and refer this back to Downtown Marketing Cooperative (DMC) to work out a solution, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - No. Said motion passed with a 4 to I vote, Commissioner Levinson dissenting. At this point, the Commission moved to Item 9.J. of the Regular Agenda. 9.J. WORTHING PLACE DOCUMENTS NEEDED FOR CLOSING: Consider approval of the Worthing Place Documents needed for closing; and approve any other documents needed to close. - 26- 05/16/06 The City Attorney stated she anticipates a closing may occur before the next Commission meeting. She recommended that the Commission approve these agreements subj ect to modification. Mr. Levinson moved to approve the form of the documents subject to modifications, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote. 9.1(. RESCINDING DEFENSE OF FORMER LAW ENFORCEMENT OFFICER/FORFEITURE OF PENSION: Consider approval of rescinding the defense of former law enforcement officer, Jack Mackler, and authorization to serve notice to the Pension Board to forfeit the pension of the former officer due to criminal convictions. The City Attorney recommends that the City of Delray Beach withdraw the defense of a former law enforcement officer that has been sentenced for violating the law and seek authorization to serve notice to the Pension Board to start forfeiture of pension proceedings. Mr. Levinson stated traditionally pensions are shielded from bankruptcy or judgments and inquired as to whether or not the pension would become eligible for use in the restitution. Brief discussion between the City Attorney and Mr. Levinson continued. Mrs. Ellis moved to rescind the defense of former law enforcement officer Jack Mackler and authorize to serve notice to the pension board to forfeit the pension of the former police officer with direction to bring back to the Commission for another vote if the pension can be attached for restitution, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.L. FINAL SUBDIVISION PLAT APPROVALITROPIC CAY TOWNHOMES: Consider approval of the subdivision plat for Tropic Cay Townhomes, an 8-lot, fee-simple townhouse development, located on the southwest comer of Frederick Boulevard and Fladell's Way (Avenue "F"). Staff recommends denial. Paul Dorling, Director of Planning and Zoning, stated this is a plat associated with an approval for a Class V site plan granted by the Site Plan Review and Appearance Board (SPRAB) on October 27,2004. The proposed plat consists of an 8-lot townhouse type development to be constructed on lots that range from 24.29 feet to 39.67 feet wide by 115 feet deep. The development will consist of one 2-story building with each townhouse unit containing three bedrooms and a two car garage. An access road has been dedicated as a private road which will serve as primary access to the proposed lots. This private roadway is connected on each end by public roads, Frederick - 27- 05/16/06 Boulevard, to the south and Avenue "F" to the north. This plat should dedicate this private segment as a public roadway so that a continuous public road would exist. Staff has concerns that this type of layout would create potential problems relating to continued maintenance of this section and the perception by the general public that it is publicly owned. Therefore, staff is recommending denial of this final plat. Mr. Dorling stated staff has met with the applicant over the last few days and they have agreed to dedicate the road as a public right-of-way. Staff would like to change their recommendation to approve the final subdivision plat for Tropic Cay with the modification of a public road dedication to occur on the plat mylar before the plat is actually recorded. Mr. Fetzer moved to approve the subdivision plat for Tropic Cay Townhomes subject to the condition of the dedicated right-of-way, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: . NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. City Manal!er The City Manager stated he has an appointment in Gainesville tomorrow afternoon for his son and Robert Barcinski will be Acting City Manager until he returns. Secondly, he commented about a memento the City received for the USTA Boys' and Girls' 12's National Spring Championships. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. B.C. 13.C.1. City Commission Mr. Fetzer Mr. Fetzer suggested that a new organization "Friends of Delray" be included in the list for receiving courtesy notices. Mr. Levinson suggested that the City Manager look at any and all groups and require them to be legitimate organizations (i.e. a Florida Corporation for profit or - 28- 05/16/06 not-for-profit) or an official homeowners association/civic association representing solely that area geographically. 13.C.2. Mrs. Ellis Mrs. Ellis commented about Art & Jazz on the Avenue and stated she got the privilege of being the Grand Marshall in the Bed Race in the parade. She stated it was fun and there was a great turnout. Also, Mrs. Ellis stated there were new and diverse things going on and the 17 piece orchestra at Old School Square was very popular. 13.C.3. Mrs. Monta!!:ue Mrs. Montague stated she spoke with Kevin Johns who is the Director of Economic Development for Palm Beach County and they are developing new strategies which will be presented to the Palm Beach County Commission. Palm Beach County will be using Delray Beach as an example of "smart growth". 13.C.4. Mr. Levinson Mr. Levinson stated he was in Miami for Leadership Florida and as Program Chairman he brought in several groups and speakers. One was a panel discussion on development and redevelopment, density and design. Second, he brought in a man from the Collier family and brought in Katy Sorenson, Southwest MiamiIDade County Commissioner responsible for the battle on the urban development boundary. In addition, Mr. Levinson stated he also brought in William S. Hettinger who wrote a book entitled "Living and Working in Paradise Why Housing Is Too Expensive and What Communities Can Do About It". 13.C.5. Mavor Perlman Mayor Perlman stated the "Success for Life" students from Carver Middle School took a tour of the City today. He stated the students toured the Water Treatment Plant and a few departments and asked some great questions during the presentation in the Commission Chambers. Mayor Perlman stated Perry Stokes runs the program and these are really great kids. He stated it was also great to hear the students today from Atlantic High School and feels there are some wonderful students coming up through Carver Middle School. Secondly, with regard to Leadership Florida, Mayor Perlman stated he graduated from this program over the weekend and is looking forward to networking with the graduates. He stated one woman from his class works for the Trust for Public Lands and she is very interested in trying to find grant monies for the City of Delray Beach to develop the Old School Square Park. He encouraged the City Commission to apply for this program. - 29- 05/16/06 There being no further business, Mayor Perlman declared the meeting adjourned at 9:23 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 ofthe Regular City Commission Meeting held on May 16, 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 some amendments, additions or deletions as set forth above. - 30- 05/16/06 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA LOIS BREZINSKI, LIVIA LANDRY, ROBERT MANNWEILER AND THECITY OF DELRAY BEACH, Appellant(s), vs. COASTAL PROPERTY HOLDINGS, LLC, Appellee. I ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA FOR 112 NE 7TH STREET 1. This appeal of an approval of a certificate of appropriateness for construction of a new two story residence and landscape plan for the property at 112 NE 7th Street came before the City Commission on May 16, 2006. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the certificate of appropriateness for 112 NE 7th Street. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I, II and III. I. LOR REQUIREMENTS a. LOR Section 4.5.1 (E)(4), 4.5.1 (E)(7) and 4.5.1 (E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: (E)(4) A historic site, or building, structure, site improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of Interior's Standards for Rehabilitation, as amended from time to time. If-c /Y1 q. A ' (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of a non- contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building. Any material change in the exterior appearance of any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non- contributing building, structure, or site. (E)(8) All improvements to buildings, structures, and appurtenances shall be visually compatible. Visual compatibility shall be determined in terms of height, front fa~de proportion, proportion of openings (windows and doors), rhythm of solids to voids on front facades, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relations of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. (a) Heiaht: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. Is this met? Yes 0 No 5 (b) Front Facade ProDortion: The front fa~de of each building or structure shall be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a historic district. Is this met? Yes 0 No 5 2 (c) Proportion of Openinas (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district shall be visually compatible. Is this met? Yes 0 No 5 (d) Rhythm of Solids to Voids: Front Facades: The relationship of solids to voids in the front fac;ade of a building or structure will be visually compatible with the front facades of historic buildings or structures within the district. Is this met? Yes 0 No 5 (e) Rhythm of Bulldlnas on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between historic sites, buildings, or structures within a historic district. Is this met? Yes 0 No 5 (f) Rhythm of Entrance and/or Porch Proiections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings and structures within a historic district. Is this met? Yes 0 No 5 m Scale of a Buildina: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and the 3 building mass of historic sites, buildings, and structures within a historic district. Is this met? Yes o No 5 (k) Directional EXDression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites in its directional character, whether vertical, horizontal, or nondirectional. Is this met? Yes 0 No 5 Have the overall objectives of the LOR's been met? Yes 0 No 5 II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: a. The Delray Beach Historic Preservation Design Guidelines recommends the following with respect to additional height and new construction/infill : . For buildings where additional height is allowed, stepping back the upper stories may help to minimize the difference as viewed from the street. . All infill must be compatible with the surrounding buildings and yet must be differentiated from the historic building stock. . The height of any new building should be similar to those of other buildings along the streetscape. . The new construction should be compatible with the width of the surrounding buildings. . The relationship of new construction adjacent to significant historic resources can either enhance or detract from the historic setting of the district. . The character of the massing should be compatible with the surrounding buildings. . Roof forms and pitch should be compatible with the surrounding buildings. Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes 0 No 5 4 III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: a. The Secretary of the Interior's Standards for Rehabilitation recommend: . New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. . New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? Yes 0 No 5 3. The City Commission applied the LDR requirements in existence at the time the original site plan was submitted. 4. 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. 5. Based on the entire record before it, the City Commission approves _ denies x the certificate of appropriateness thereby granting the appeal 5 and overturning/upholding the decision of the Historic Preservation Board. This Order is adopted this 16th day of May, 2006, by a vote of 5 o opposed. ATTEST: ~Adl~&.~ -bc-: Chevelle Nubi ~, City Clerk 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-4lIDDLE NAME Perlman, Jeffre L. MAlUNG ADDRESS 971 Delra Lakes Drive CITY COUNTY NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE Delra Beach Cit Commission THE BOARD, COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: Xl CITY 0 COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAl SUBDIVISION: City of Delray Beach DATE ON WHICH VOTE OCCURRED 5/16/06 MY POSITION IS: \I ELECTlVE o APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local publiC office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a *relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A *business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property. or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose tile nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this fonn (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 ITEM 9 C APPOINTED OFFICERS (continued) . A copy of the tonn must be provided immediately to the other members of the agency. . The form must be read publidy at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INflUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . Yau must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I, Jeffrey L. Perlman DISCLOSURE OF LOCAL OFFICER'S INTEREST 5/16 , hereby disclose that on ,20~: (a) A measure came or will come before my agency which (check one) Inured to my special private gain or loss; Inured to the special gain or loss of my business associate, -X. Inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. Diana Colonna ,by ,which (b) The measure before my agency and the nature of my conflicting interest in the measure Is as follows: Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. Date Fited ~O(O NOTICE: UNDER PROVISIONS OF flORIDA STATUTES ~112.317, AlLURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. ce FORM 88- EFF. 112000 PAGE 2 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME Perlman, Jeffre L. MAfUNG ADDRESS 971 Delra Lakes Drive CITY COUNTY NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE Delra Beach Cit Commission THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: Xl CITY a COUNTY a OTHER LOCAL AGENCY NAME OF POUTlCAL SUBDMSION: City of Delray Beach DATE ON WHICH VOTE OCCURRED 5/16/06 MY POsmON IS: II ELECTIVE a APPOINTIVE WHO MUST FILE FORM 88 This foon is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before completing the reverse side and filing the fonn. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners. of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-aCfe, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a -relative" includes only the officer's father, mother. son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A -business associate" means any person or entity engaged in or carrying on a business . enterprise with the offtcer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min- utes of the meeting, who should incorporate the fonn in the minutes. . . . APPOINTED OFFICERS: . Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose -the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether ma~e by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting. who win incorporate the fonn in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 ITEM 9F PAGE 1 APPOINTED OFFICERS (continued) . A copy of the forin must be provided immediately to the other members of the agency. . The form must be read publidy at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey L. Perlman , hereby disclose that on . May 16 ,20~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; 1nured to the special gain or loss of my business associate, -1L Inured to the special gain or loss of my relative, Inured to the special gain or loss of whom I am retained; or Inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. Diana Colonna ,by , which (b) The measure before my agency and the nature of my conflicting interest in the measure is as folloWs: Diane Colonna, my wife. is Director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. 011'0 lOft> Date Filed ... NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317,"A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CJVIL P!::NAL TY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 AMERICAN LEGION Milton Myers, Post 65 263 N E 5th AVENUE 290 S.E.6tb Ave Delray Beach, FL 33483 MEMORIAL DA Y SERVICE The American Legion, Post 65 & Post 188 together will conduct a memorial service in honor of our veterans of all wars on Monday, May 29 2006. Ceremonies at the Delray Memorial Cemetery, SE 1 Oth Avenue, Delray Beach will commence at 9:30 a.m. Participating in this event will be the Honor Guard, the American Legion Auxiliary, Sons of the American Legion, American Legion Riders and the Delray Beach Boy Scouts of America. Spaghetti Dinner, "'NOON" will be hosted by the members of the American Legion, Auxiliary, & S.A.L. 's, at their post home located at 263 NE 5th Avenue, Delray Beach. Everyone is welcome to attend. FREE TO ALL VETERANS, ALL OTHERS DONATION PLEASE MEMORIAL DAY Delray Cemetery. .. Legion Post 65 conducting 8 :00 am Scouts put flags on graves 8 :30 am set up chairs and speakers 9:00 am Assembly at Delray Cemetery 9:30 am Commander Scott Schley opens Memorial Day Ceremony CHAPLAIN COMMANDER LAWRENCESTRAINGE American Legion Auxiliary Father Bernard Pecaro SERGEANT AT ARMS deposits flowers upon the monument CHAPLAIN: BENEDICTION FATHER BERNARD PECARO FIRING SQUAD: SALUTE TIlE DEAD r+-em /1. B. DELRAY'S FALLEN MARVIN W. MILTON LONEY MYERS HARRY FISH HARRY OLLER GEORGE H. REILEY HOWELL JONES BEN F. McINTOSH BRADLEY O'NEAL BENJAMIN F. JETTON SHEL TON LAMB, JR. LOGAN McNEAL ALFRED F. PRIEST CHARLESL.VREELAND JOHN JUPINKO ARTHUR R. SPROTT, JR. ~\v.\~o~ ~~~~ ~\l.t.-~ ~ . .... pfease join us as we cefe6rate tfie retirement Saint paul Missiorulrg '.Baptist cfwrcIi 'Defray '.Beadi, :JforUfa Saturday, June Seventeen, 2006 S~ o'Cfix.f(in tlie 'Evening for !F.!ffections 'Ditmer and Program will6egin at Seven o'Cfix.f( of Reverend J.W.H. Thomas Jr. Pastor palm '.Beacfi Convention Center 650 OteedW6ee '.Boufevanf West palm '.Beadi, :JforUfa I :Jift!! 'Doffars ($50.00) per person !1{.s.1I.P. 6g !itprif 1, 2006 ~~ ~. ,A J ." Saint Paul Missionary Baptist Church 46 SW :lOth Avenue Delray Beach, Florida 33444 Rev. J. WoH. Thomas Jr., Pastor 561-178-7149 February 9, 2006 Dear Friends: After 46lh years as our Pastor, Rev. J.W.H. Thomas Jr., will retire from the Pastorate of our Church in June 2006 In his honor, we will celebrate his departure at that time. Included in our plans fOT this celebration, is a Souvenir booklet of well wishes from those who have been inspired by him over the years. We know you would want to be included in this memoir and we are soliciting your support by asking you to provide him with memories of you in the Souvenir Booklet. It is our goal to send him into retirement in grand fashion. The longevity of his service to all of uS is to be commended. Ad prices are below: Full page Half page Quarter page Inside covers Outside back Patron (NAME ONLY) $150.00 $ 75.00 $ 40.00 $200.00 $250.00 $ 5.00 per name Note: Camera ready copies are appreciated, however hand printed copies are acceptable. There is an additional fee for each photo you submit. Please make checks payable to SAINT PAUL MISSIONARY BAPTIST CHURCH Payment must accompany any ad submitted. DeadUne for ads is MAY 1,2006. Thank you so much for your support of this effort. Sincerely, Cindy Williams-Zanders Souvenir Booklet Chairperson Dr. Shirley Payne Retirement Committee Chair MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM # <6;A - REGULAR MEETING OF JUNE 6, 2006 FINAL PLAT APPROV AL/MIRAFLORES DATE: JUNE 2, 2006 This is before the Commission to approve the final boundary plat for the Miraflores Plat, located on the east side of S.E. 1 st Avenue, between S.E. 1st Street and S.E. 2nd Street. The property is a re-plat of a Lots 2, 3, 4, 5, and a portion of Lot 6, Block 78. This is a final boundary plat processed as a minor subdivision. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the ftnal boundary plat for Miraflores. S:\City Clerk\agcnda memos\Final Plat Miraflores 060606 12~1 City Of Delray Beach Department of Environmental Services M E M 0 RAN DUM DATE: David T. Harden, City Manager Jill Skaggs, P.E., Asst. City Engineer ~ May 23, 2006 TO: FROM: SUBJECT: Miraflores Plat Agenda Request The attached Agenda Request is for Commission approval of the Miraflores Plat, a final boundary plat, located on the east side of SE 1st Avenue, between SE 1st and SE 2nd Streets. This property is a replat of Lots 2, 3, 4, 5 and a portion of Lot 6, Block 78, Town of Linton (now Delray Beach), Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, Being in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This plat is processed as a minor subdivision, therefore, it is forwarded directly to City Commission for final action (no other board review was necessary). Enclosed are a location map and a reduced copy of the plat. If this meets with your approval, please place it on the June 6, 2006 Commission Agenda for approval. Thanks! enc cc Richard Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Nguyen Tran, Senior Planner Carolanne Kucmerowski T AC File Agenda File, June 6,2006 S:\EngAdmin\TAC\Miraflores (121 - 133 SE 1st Ave. aka 1st Ave Townhomes)\2006 Jun 6 agenda memo. doc 2 il;11 ~ l~ d I r i ~~ ~ ,_. 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I PAGE: 3) (Il:AT~ I I~ I~ I I I I I I II I ~ ~ I. I~ I~ I "l' ~ ~ ~ i b ~ iii! ~ 1Il DATE:05j24j2006 MIRAFLORES 1 of 1 Date: Mav 23. 2006 AGENDA ITEM NUMBER:~ AGENDA REQUEST Request to be placed on: -X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 06 June 2006 Description of Agenda Item (who, what, where, how much): Request is for Commission approval of the Miraflores plat, a final boundary plat located on the east side of SE 1st Avenue, between SE pt and SE 2nd Streets. This property is a replat of Lots 2, 3, 4, 5 and a portion of Lot 6, Block 78, Town of Linton (now Delray Beach), Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, Being in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. Staff Recommendation: APprov~ Department Head Signature: '1WC ,~ City Attorney ReviewlRecommendation (if applicable): -r - z..-f- oh 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: (if applicable) City Manager Review: Approved for Agenda: ~) No Initials: W Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Miraflores (121 - 133 SE 1st Ave. aka 1st Ave Townhomes)\2006 Jun 6 agenda.doc ~ ,--rf( TO: THRU: FROM: SUBJECT: DAVJ~~~ E PAULbf~ORiJNG CTOR OF PLANNING AND ZONING NGUY-~~ RPLANNER MEET G OF JUNE 6, 2006 ***CONSENT AGENDA*** APPROVE RESOLUTION NO. 38-06 ABANDONING A 50' WIDE UNIMPROVED PUBLIC RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF LAKE IDA SHORES, LOCATED ON THE WEST SIDE OF NW 8TH AVENUE, APPROXIMATELY 285' NORTH OF LAKE IDA ROAD. The 50' wide "dead-end" right-of-way was dedicated with the recordation of the plat of Lake Ida Shores in June of 1957. This right-of-way is located between Parcel "B" and Lot 13, Block 3 of the plat of Lake Ida Shores. The intention of this dedicated right-of-way was to provide a legal means of access to Lot 13 and a future connection point to unplatted land to the west. Since then, the land to the west was platted as Delray Lakes (Plat Book 78, Page 184) which did not utilize the subject area for connection purposes. In 1994, a single family residence was constructed on Lot 13 with driveway access from NW 8th Avenue. The driveway for Lot 13 was installed over a portion of Lot 12 and the subject area was never improved for its intended purpose. The abandonment request was submitted by Mr. lain Paterson, the owner of Lot 70 of the plat of Delray Lakes. In addition, Mr. Paterson is the current fee-simple title holder of record for Parcel "B" located south of the proposed abandonment area. Mr. Paterson intends to aggregate the southern half of the subject area (once abandoned) with Parcel "B" to increase yard area for Lot 70, Delray Lakes. Since utilities have not been located within the proposed abandonment area, the City's Fire Department, the City's Environmental Services Department (ESD), Florida Power & Light, Adelphia Cable, Florida Public Utilities Company and BellSouth reviewed the request and have no objection to the abandonment. Additional background and a complete analysis of the request are found in the attached Planning and Zoning Board report. On May 15, 2006, the item was considered by the Planning and Zoning Board. Chairman Krall opened the public hearing and no one from the public spoke. The Board voted 4-0 to recommend approval of the abandonment subject to the applicant executing and recording a Declaration of Unity of Title between Lot 70 of Delray Lakes, Parcel "B" of Lake Ida Shores and the reversionary portion of the south 25' of the abandoned right-of-way after final action by the City Commission. By motion, approve Resolution No. 38-06 to abandon a 50' wide unimproved right-of-way as dedicated on the plat of Lake Ida Shores, located on the west side of NW 8th Avenue, approximately 285' north of Lake Ida Road, 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 and subject to the recording of a Declaration of Unity of Title. Attachments: Location Map, Resolution 38-06, and P&Z Staff Report of May 15, 2006 85 I I ;2 ~ ~ Q ~ z..... ~ z-< .... 00 ~ ~ ~ N'" ~ ~~ ~ t;-< "l) om lI) ~ ~ ~ ?;;I= ~ ~." ~ ",r I ~ I - ::0 G) I 7' o "'T1 I ~ o m o () )> ., m o o z ., I m "'U r ~ o "'T1 r )> ^ m o )> (fJ I o ::0 m (fJ "'U r )> ., OJ o o ^ I\.) 01 "'U )> G) m 01 ~ .f:>, )> ---- "U :0 '" :c> r ~ <D N '" 'z )> OJ )> Z o o z s: m z -i " Nee ~NF - - r ~- - - - Ul ;-1- - - r- h ;>;; C) C)f'1 :r: :r:_ OC::C"J ~""'::Oh ~ 2::0 o h C"J ROOSEVELT AVE. I // - z- ::E- ~- o I----- ;;:11----- ;0 ;U f-- ~Y> Ul~C"J C) ."" . :r:~U) O<-lJ O~h r-::oC"J " L I I \ - - - - - - - - r7, / tv r E: R C-4 1v-4 '- CIv,<;c, '-D t= ~ f)) === {[= == 3T ~=::; r ~ e--o I ~ ~ q ,.,Od }-~ JT1 _ r ----J - >---, o=~li )>- -0 -~- ::0-;0;;- I ANCHOR POINT I o r--' ~r .-/r 0 ~ ---/ ~ "; ~ N.W. 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Ul ;-I RESOLUTION N O. 38-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 50 FOOT WIDE UNIMPROVED PUBLIC RIGHT-OF-WAY LYING WITHIN LAKE IDA SHORES, LOCATED ON THE WEST SIDE OF NW 8TH AVENUE, APPROXIMATELY 285' NORTH OF LAKE IDA ROAD, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 50 foot wide unimproved public right-of-way, lying within Lake Ida Shores (plat Book 25, Page 54), 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 (1'v1), "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 May 15, 2006, and voted 4-0 to recommend approval of the abandonment, based upon positive fIndings with respect to LDR Section 2.4.6(1'v1)(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), as more particularly described in Exhibit "A". 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 in Exhibit "A"; See Exhibit "A" A lTEST: PASSED AND ADOPTED ill regular seSSlOn on this the _ day of ,2006. MAYOR City Clerk 2 Resolution No. 38-06 - - <C - - >- w~ r..u. 8w 1-::Cii3 OObll-."';~ O w~Q\i3'" u. 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CORNER LOT 17 LAKE IDA MANOR ADDITION No. 2 ~ ~ ~ ~ I ~ ~ 9S2:>;2~ ~~!='o rri-O......O " .......:;0 o:::at:::,...,z . 'rr1 "", :;0 -f:I:.g;~r 3..p.z~ :;0_ Ou o z: );: 1.0 ^ ~ ,." 0 V) a 0 )> 0 r- V) Z I 0 ,." 0 m r- :;0 rr1 ,." 0 V) >< -I V) ::T N -. 00 Ro C" f"- -.....J U ;:;: 1.0 - ~ - - ...- o -I U / <J 1Z,../ ''.9. ~s -1~ ~<7~ '00. ~'J1' '''''0'10.. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 15, 2006 IV. A. Abandonment ot a 50' x 210' unimproved public right-ot-way dedicated by the Plat ot Lake Ida Shores and located on the west side ot NW 8th Avenue, approximately 285' north ot Lake Ida Road. (Quasi-Judicial Hearing) LAKE IDA ROAD CHURCH OF CHRIST ~ s!41 lIj:J 8~ "'< GENERAL DATA: Owner I Applicant............... lain Paterson Location............................... West side ot NW 8th Avenue, approximately 285' north ot Lake Ida Road Property Size........................ 0.25 Acre Existing FLUM Designation.. Low Density Residential (0-5 units per acre) Current Zoning..................... R-1-AAA (Single Family Residential) Adjacent Zonings........North: R-1-AAA East: R-1-AA (Single Family Residential) South: R-1-AA West: PRO (Planned Residential) Existing Land Use................ Unimproved right-ot-way. Proposed Land Use............. Aggregation into adjacent lots to be used tor additional property. Water Service...................... n/a with this request. Sewer Service...................... n/a with this request. IV.A. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a 50' x 210' unimproved public right-of-way as dedicated on the plat of Lake Ida Shores (Plat Book 25, Page 54). The unnamed right-of-way is located on the west side of NW 8th Avenue, approximately 285' north of Lake Ida Road. This right-of-way abandonment is being processed pursuant to LOR Section 2.4.6(M), Abandonment of Rights-of-Way. The 50' wide "dead-end" right-of-way was dedicated with the recordation of the plat of Lake Ida Shores in June of 1957. This right-of-way is located between Parcel"B" and Lot 13, Block 3 of the plat of Lake Ida Shores. The intention of this dedicated right-of-way was to provide a legal means of access to Lot 13 and a future connection point to unplatted land to the west. Since then, the land to the west was platted as Delray Lakes (Plat Book 78, Page 184) which did not utilize the subject area for connection purposes. In 1994, a single family residence was constructed on Lot 13 with driveway access from NW 8th Avenue. The driveway for Lot 13 was installed over a portion of Lot 12 and the subject area was never improved for its intended pu rpose. The right-of-way proposed for abandonment measures 50' wide by approximately 210' long and contains 10,768 square feet (0.25 acres). The abandonment area represents an unimproved and unnamed right-of-way within the plat of Lake Ida Shores. The abandonment request was submitted by Mr. lain Paterson, the owner of Lot 70 of the plat of Delray Lakes. In addition, Mr. Paterson is the current fee-simple title holder of record for Parcel "B" located south of the proposed abandonment area. Mr. Paterson intends to aggregate the southern half of the subject area (once abandoned) with Parcel"B" to increase yard area for Lot 70, Delray Lakes. 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, i.e. 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 mentioned, the entire 50' wide right-of-way was dedicated from a single plat, Lake Ida Shores. By abandoning this area, the right-of-way will be divided at the center line and the property will be returned equally to all abutting lots (Lot 13 and Parcel "B"). Planning and Zoning Board Staff Report Meeting of May 15, 2006 Abandonment-Lake Ida Shores Page 2 Utility Services As depicted on the provided survey, utility poles and overhead wire lines have been located to the east of the proposed abandonment area within NW ath Avenue right-of-way. The City's Fire Department and the City's Environmental Services Department (ESD) have reviewed the request and have no objection to the abandonment. Florida Power and Light, Florida Public Utilities Company (gas), BellSouth and Adelphia Cable have also reviewed the abandonment request and have no objection. Pursuant to LDR Section 2.4.6(M)(5), prior to any right-ot-way abandonment 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. The 50' wide right-of-way proposed tor abandonment is currently unimproved and is not being utilized tor any means ot access. The right-of-way has been a "dead-end" road since its dedication, and as previously mentioned, was never used tor its intended purpose. The City has no plans to utilize this unimproved right-of-way for any other public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent legal access to a lot ot record. By abandoning this right-ot-way and incorporating the returned portion (north 25 feet) with Lot 13, Lot 13 will have new legal access onto NW ath Avenue and not across an adjacent lot (Lot 12); therefore, a positive tinding 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. Existin~ utilities have been located on overhead lines approximately 5 feet to the east within NW at Avenue right-ot-way. Since no utilities have been located within the proposed abandonment area, a positive finding can be made. The development proposal is not within the geographical area requiring review by the CRA (Community Redevelopment Agency), the DDA (Downtown Development Authority) or HPB (Historic Preservation Board). However, the request was discussed at recent DSMG (Development Services Management Group). DSMG The DSMG reviewed this abandonment request at its meeting ot March 23, 2006 and recommended "Approval". Planning and Zoning Board Staff Report Meeting of May 15, 2006 Abandonment-Lake Ida Shores Page 3 Courtesy Notices: Courtesy notices have been provided to the following groups: ~ PROD - Progressive Residents of Delray ~ Presidents Council ~ Neighborhood Advisory Council ~ Delray Lakes ~ Lake Ida Park 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. The abandonment area is an unimproved, "dead-end" right-of-way that is not being utilized for any means of access. The subject area is not needed, nor will it be needed, for any public purpose and the City has no immediate future plans to improve this right-of-way. As previously mentioned, the right-of-way was never utilized for its intended purpose and since access to Lot 13 has already been achieved via the installation of a driveway onto NW 8th Avenue, the probability that the subject area would be improved by the owner of Lot 13 or by the City is highly unlikely. Access will not be prevented to any lot of record and no utilities have been located within the abandonment area. 1. Continue with direction. 2. Move approval of the request for the abandonment of a 50' x 210' unimproved public right- of-way as dedicated on the plat of Lake Ida Shores (Plat Book 25, Page 54), located on the west side of NW 8th Avenue, approximately 285' north of Lake Ida Road, 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 conditions. 3. Move denial of the request for abandonment by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. By motion, recommend to the City Commission approval of the request for the abandonment of a 50' x 210' unimproved public right-of-way as dedicated on the plat of Lake Ida Shores (Plat Planning and Zoning Board Staff Report Meeting of May 15, 2006 Abandonment-Lake Ida Shores Page 4 Book 25, Page 54), located on the west side of NW 8th Avenue, approximately 285' north of lake Ida Road, 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 the applicant execute and record a Declaration of Unity of Title between lot 70, Parcel "B" and the south 25' of the abandoned right-of-way after City Commission approval. A copy should then be submitted to the Planning and Zoning Department for their records. 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" Go " " :!$o3' Ai wf '11 10- ':l>~ i q, " ~ ~ 1i t,'l ..'" : " ! ~~ !l' ~ -'" ~ ~-.; r~ - ~ ,~ t Jlo ... h: ~ };;.~ ~ . ---- " i 0 <1\ . --, it: ~ ~) =: I J'II~ 1;il ~~ -.J ~r I t I __..J 60'"112'. ~"J.~~~ "',.,.._ I I, ..~L~~~':'!.TN:t:rr' / / I l:""'lII=< tJI I I '-_-1_L_L.1:_u I ---- ..... _1~ lr ~ ~i; r :Ul " (1\ ,. ~~~-- I.. . "'... .... t. ~lD"" ~, I r ~'" rrI "'* "'. . %~)>~ , E tl"'o .... i I: l!~:r: or.- ~. ~ Z:JJ.. ...,.. .,. .~~.,,~ "".r~ I ~to 0 i!"~1a i?fI\ Vj ~ .,... .. ~: .. B 'to ..... r.~ E"I'~~'~ . ,:; !:: 15~rf;:i n.~.~~r. : ~i ".' ~....- 1 ~ ,." ;fi~~ ~ ~ ~fJI:., '-' ~(~: CITY ATTORNEY'S OFFICE [ITY DF DEL E [ ,\\\ 1,1 \VI i I il.i '110\ I 'if R\Y BEACH. FLORIDA 33444 ) " Ii\CSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH F LOR I D A D.e&II All-America City , III I! DATE: 1993 TO: 2001 MEMORANDUM May 24,2006 City Commission David T. Harden, City Manager ~ FROM: Terrill Barton, Assistant City Attorney SUBJECT: Amendment NO.2 to Contract for Sale and Purchase Attached please find Amendment No. 2 to the Contract for Sale and Purchase between the City and Jean Louis Saint Fort and Josette Saint Fort. This amendment postpones the closing date from May 31, 2006 to September 29, 2006. Please place this item on the consent agenda for June 6, 2006 for City Commission consideration. Thank you. TCB:smk Attachment 3'C-. ~ AMENDMENT NO.2 TO CONTRACT FOR SALE AND PURCHASE THIS AMENDMENT NO.2 to the contract dated November 28,2005 ("Agreement"), between the CITY OF DELRAY BEACH, FLORIDA, ("Seller") and JEAN LOUIS SAINT FORT and JOSETTE SAINT FORT, a married couple, ("Buyers"), is hereby entered into this "ZZ-- day of ~7 , 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: I. The closing date as stated in Paragraph V of the Agreement is extended to September 29,2006. 2. All other terms and conditions of the Agreement not in conflict with this J~~ 0n5~1- Date: u~'l-/O? , / l" ~ STATE OF FLORIDA COUNTY OF PALM BEACH J'lJAci; has produ d The foregoing instrument was acknowledged before me this .:J J.", day of ,2006 by Jean Louis Saint Fort, who is personally known to me or who as identification. @~ - Yh tn-~~/ Signa e of Notary Pu ic 4'''''''~ JEAN MooREFlElD ~~, MY COMMISSION # DD4434S6 :t1lF~~ EXPIRES: June 22, 2009 (407) 398-ll153 Aarida Notary Service.com STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this J ~ day of /h~ ,2006 by Josette Saint Fort, who is personally known to me or who has produced as identification. . ~ Y>1 ~AL/A1 Signa of Notary Pub 4'~'~ JEAN MOOREFIElD ." lU'.. MY COMMISSION # DD4434S6 "t'....... .~IlF~"" EXPIRES: June 22, 2009 (407) ~153 Aorida Notary Service.com ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form .,~~ fb5kity Attorney 5/2 f.{ /0 (p 2 MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: ~. CIlY MANAGER SUBJECT: AGENDA ITEM # g D - REGULAR MEETING OF JUNE 6, 2006 PALM BEACH COUNTY GRANT /EMERGENCY MEDICAL SERVICES DATE: JUNE 2, 2006 This is before the Commission to approve submitting a grant application for a non-matching grant to the Palm Beach County Department of Emergency Medical Services in the amount of 43,301.30 to purchase an additional Special Events Response Vehicle (SERV) and associated advanced life support equipment; and approve Resolution No. 39-06. Recommend approval to submit the Palm Beach County Department of Emergency Medical Services Grant application by adoption of Resolution No. 39-06. S:\City Clerk\agenda memos\PBC EMS Grant Application 060606 -:" ~ [ITY I: ~~: El II E r !w;-,~t~ FIRE-RESCUE OEPARTME DELRAY BEACH ~ All-America City 1111 I! MEMORANDUM 1993 2001 TO: David T. Harden, City Manager \(~. "a,pl Kerry B. Koe Fife Chief j1A~ THRU: FROM: Robert B. Moreland, Division Chief - EMS DATE: May 23, 2006 SUBJECT: Information Requested for Inclusion in Resolution Delray Beach Fire-Rescue Department will be applying for an annual, non- matching grant from Palm Beach County, Department of Emergency Medical Services to fund the purchase of an additional Special Events Response Vehicle (SERV) with ALS capability. We will use these funds to purchase the SERV unit and one Zoll E Series 12 lead ECG Monitor I Defibrillator with pacing capabilities, SA02 monitoring, Wave form Capnography and Non-invasive Blood Pressure monitoring capabilities. The total cost that will be requested for the project is: $43, 301.30. Miscellaneous equipment will be provided from Departmental inventory. In order to proceed with the grant application process, a Resolution of the City Commission is required indicating their support of the application. A similar Resolution will be sought from the Town of Gulf Stream and the Town of Highland Beach as our application will be made in the name and interest of all three communities. A draft Resolution is attached, and I request that this item be placed on the next regular City Commission agenda as a consent item. Attachments: 1 FIFiE-fi[=:,,-' r '. j"- .- F C'RiO/\ 334t.l4 RESOLUTION NO. 39-06 A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTI EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2006/2007. WHEREAS, the Dekay Beach Fire-Rescue Department represents the emergency medical services interests of the City of Dekay Beach; and WHEREAS, the Dekay Beach Fire-Rescue Department is requesting funding for FY 2006/2007 through the Palm Beach County Emergency Medical Services Grant Award program for the purchase of an additional Special Events Response Vehicle equipped with a Zoll E Series Defibrillator / Monitor; and WHEREAS, the City of Dekay Beach Fire-Rescue Department is eligible to receive funds collected by the Office of Emergency Medical Services pursuant to Chapter 401.113, Florida Statutes; and WHEREAS, the equipment to be purchased with these funds will enhance the City's overall emergency medical services operation and improve the delivery and level of emergency medical care provided to the citizens of and visitors to the City of Dekay Beach and the entire Fire-Rescue service area; NOW, THEREFORE, BE IT RESOLVED BY THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Dekay Beach is supportive of this initiative to secure grant funds for this service enhancement; and Section 2. That the Mayor of the City of Dekay Beach is hereby authorized to execute all documents which are necessary to complete the request for funds from the Palm Beach County Emergency Medical Services Grant Award program. PASSED AND ADOPTED in regular session on this the _ day of June, 2006. A lTEST: MAYOR City Clerk Date: May 23.2006 AGENDA ITEM NUMBER: zs-n AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: June 6. 2006 Description of agenda item (who, what, where, how much): Consideration of a Resolution supporting the City's effort to secure non-matching Emergency Medical Services Grant Funds in the amount of $43.301.30 to acquire an additional Special Events Response Vehicle (SERV) and associated Advanced Life Support Equipment. Recommendation: Approve the Resolution 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 Agend,,~rutllls: Hold Until: Agenda Coordinator Review: Received: ~eJc [ITY DF DEL " ";,jl: E....... [ '" ,,~,' ,,;'. CITY ATTORNEY'S OFFICE 1 1. !)1 H_)~,l:. ! i ! RAY BEACH, FLORIDA 33444 i' F\CSIJ\lILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH F lOR I D A IlI.If.It:d All-America City , III I! DATE: 1993 TO: 2001 MEMORANDUM May 22, 2006 City Commission David T. Harden, City Manager FROM: Terrill Barton, Assistant City Attorney yj} SUBJECT: License Aqreement between City and School Board Attached please find a License Agreement between the City and the School Board which allows the City to go on the Old Atlantic High School site to do environmental testing and begin taking field measurements for the proposed soccer complex. Please place this item on the consent agenda for June 6, 2006 for City Commission consideration. Thank you. TCB:smk Attachment ~E LICENSE AGREEMENT THIS IS A LICENSE AGREEMENT (the "Agreement") made this day of April, 2006 and granted by the School Board of Palm Beach County, Florida, a corporate body politic of the State of Florida, hereinafter referred to as "School Board", in favor of the City of Delray Beach, Florida ("City"). RECITALS WHEREAS, School Board owns certain real property more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"); WHEREAS, City has requested a license from School Board to give City certain rights as described hereinafter to utilize the Property (or a portion thereof) to facilitate preliminary fencing measurements, asbestos investigations and subsurface soil and groundwater investigations for a project to be undertaken by the City and its authorized contractors (hereinafter referred to as the "Project"); NOW THEREFORE, in consideration of the grants, agreements and covenants contained herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The foregoing recitals are true and correct and incorporated herein. 2. The School Board hereby grants to City and its authorized contractors a non-exclusive license in and to the Property. City shall be entitled to utilize the Property during for preliminary fencing measurements, asbestos investigations and subsurface soil and groundwater investigations of the Project. The City shall coordinate with the School Board or School Board's designee as to the time and location of such work. The City shall obtain, or cause to be obtained, all necessary permits from all applicable regulatory agencies prior to commencement of the work. The City shall diligently pursue the work to completion. This Agreement shall automatically terminate upon the earlier of completion of the work or July 31, 2006. Notwithstanding the foregoing, the City shall promptly deliver to the School Board a release of Agreement if so requested by School Board at any time after automatic termination hereof as aforesaid. 3. Prior to exercising the rights conferred hereunder, City shall, if necessary, locate any utility facilities within the Property and shall contact and coordinate with all utilities providers that have facilities within the Property. The City shall be solely responsible for and shall, at its sole cost and expense, promptly repair any damage arising out of City's exercise of the rights granted hereby and restore any improvements or landscaping now existing or constructed or installed hereinafter to the condition it was in prior to such damage, using materials of like kind and quality. 4. The City acknowledges and agrees that the rights granted by this Agreement are and shall be strictly limited to those specifically granted herein and that the City may not utilize the Property for any purpose not specifically permitted hereby. The City further agrees to exercise the rights granted hereunder in a manner which minimizes the impact upon the School Board's use and enjoyment of the Property. The City's exercise of the rights granted by this Agreement is at the City's sole risk. 5 School Board hereby retains all rights relating to the Property not specifically granted by this Agreement including the right to use the Property and any improvements now existing or constructed hereinafter therein. School Board also retains the right to grant I S:\Public\LiWeJohn\Projects\Atlantlc High (Old Campus)\L1CENSE AGREEMENT - in favor of City 5-22-06.doc to third parties additional rights in the Property or the right to use the improvements therein, so long as the grant of such additional rights will not interfere with the rights granted to City hereunder. 6 The School Board's interest in the Property shall not be subject to liens arising from City's use of the Property, or exercise of the rights granted hereunder. The City shall promptly cause any lien imposed against the Property relating to the Project to be discharged or transferred to bond. Nothing herein shall be construed as granting to City a real property interest in the Property . 7 The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limits provided in Section 768.28, Florida Statutes, the State of Florida's partial waiver of Sovereign Immunity; provided, however, that this provision shall not be construed as a waiver of any right or defense that the City has under said statute. 8 The City shall require its contractors and subcontractors to maintain and keep in full force and effect General Liability Insurance in an amount not less than One Million Dollars {$1,OOO,000} per occurrence and Three Million Dollars {$3,000,000} general aggregate, bodily injury and property damage liability coverage and Workers Compensation covering all employees in accordance with Chapter 440 Florida Statutes. The General Liability policy shall include coverage for the Recreation Field, Operations, Contractual Liability, Independent Contractors Contractual Liability, and Broad Form Property Damage Liability coverages. In addition, City shall require its contractors and subcontractors to maintain Business Automobile Liability at a limit of liability not less than One Million Dollars {$1,OOO,000} Each Occurrence for all owned, non-owned and hired automobiles. In the event the City's contractors or subcontractors do not own any automobiles, they shall maintain Hired & Non-Owned Auto Liability in such amount. Coverage shall be provided on a primary basis. Except for Workers Compensation and Automobile Liability, all insurance pOlicies shall name the School Board as Additional Insured. Such insurance shall be issued by an insurance company licensed to do business in the State of Florida and approved by the School Board. A Certificate of Insurance evidencing such insurance coverage shall be provided to the School Board prior to the commencement of any work by the City's contractors and subcontractors pursuant to this Agreement. In no event shall the limits of said insurance policies be considered as limiting the liability of the City's contractors and subcontractors under this Agreement. 9. City hereby accepts the Property "As Is", without warranty or representation and subject to zoning and other governmental restrictions, matters reflected on any plat relating to the Property, and all easements, restrictions, conditions, encumbrances and other matters of record. 10 This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Agreement shall be in a state court of competent jurisdiction in Palm Beach County, Florida. 11 In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions of this Agreement and the same shall remain in full force and effect. 12 This Agreement contains the entire understanding and agreement of the parties with respect to the subject matter hereof. No amendment shall be effective unless the same 2 S:\Publlc\LittleJohn\Projects\At/antic High (Old Campus)\LICENSE AGREEMENT - in favor of City 5-22-06.doc is in writing and signed by all parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth hereinabove. APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ~L.' ~ 5/"1( 0' School oardAttomey . BEACH COUNTY, By: THE CITY OF DELRA Y BEACH, FLORIDA By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: f\ 3 S:\Public\LittleJohn\Projects'IAtlantic High (Old Campus)\LICENSE AGREEMENT - in favor of City 5-22-oS.doc EXHIBIT "A" A parcel of land lying within the Northeast one-quarter (NE %) of the Southwest one- quarter (SE %) of Section 4, Township 46 South, Range 43 East, being more particularly described as follows: Begin at the Southwest comer of the Plat of De Carie Subdivision according to the Plat thereof recorded in Plat Book 24, at Page 102 of the Public Records of Palm Beach County, Florida, said comer lying on the westerly right-of-way line of the Florida East Coast Railroad; thence S07048'11'W along said westerly railroad right-of-way for a distance of 682.32 feet; thence departing from said railroad right-of-way S89016'05'W for 204.82 feet; thence NOOo43'55'W for 46.67 feet; thence S89016'05W for 128.00 feet; thence NOoo43'55'W for 23.79 feet; thence S89006'05'W for 112.64 feet; thence NOoo43'55W for 162.44 feet; thence S89016'05'W for 129.00 feet; thence NOoo43'55'W for 275.00 feet; thence N45043'55'W for 129.22 feet; thence S89016'05'W for 146.55 feet; thence NOoo43'55'W for 75.48 feet to a point on the south line of said Plat of De Carie Subdivision; thence N89016'05"E along the South line of said Plat for 913.65 feet to the Point of Beginning. Said lands situate within the City of Delray Beach, Palm Beach County, Florida. Containing 9.18 acres, more or less. 4 S:\Publlc\LittleJohn\Projects\Atlantlc High (Old Campus)\LICENSE AGREEMENT - In favor of City 5-22-06.doc TO: THROUGH: FROM: RE: DATE: ~c7L Memorandum DELRAY BEACH f L 0 It I 0 " tr.ed fliit! 1993 2001 Community Improvement Horticulturist DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENTu5 NANCY DAVILA :_::~Q GATEWAY PARKS - CONTRACT CLOSE OUT CITY PROJECT NO. 2003-02 CITY BID NO. 2005-25 MAY 22,2006 ITEM BEFORE THE COMMISSION The item before the Commission is the final payment request in the amount of $2,955.00 to Conco Horticultural for the installation of landscaping for the Gateway Parks flanking Atlantic Avenue at the 1-95 Interchanges. BACKGROUND The project has been inspected for completion and accepted by the City, and the Florida Department of Transportation, and is found to be in compliance with plans and specifications. The Contractor is requesting final payment for services. Upon final payment, the City will request reimbursement of approximately $40 thousand from FOOT. The original PO # 634002 was set up for $36,093.50 and invoiced for $36,040.15. A portion of the grant ($4,000) had been set aside for irrigation, but there was a balance left on the grant funds after the irrigation was modified. The FOOT approved allowing the funds to be rechanneled to additional plant materials. Another PO (# 635582) was set up in the amount of $2,955.00 to cover these materials, and it is this PO that is being used as the retainer for the contract close-out. RECOMMENDATION Staff recommends the City Commission approve the final payment request to Conco Horticultural in the amount of $2,955.00 encumbered by Purchase Order # 635582 for the Gateway Parks Project Bid No 2005-25. ~ ~ Florida Department of Transportation JEB BUSH GOVERNOR PLANNING AND ENVIRONMENTAL MANAGEMENT - DISTRICT 4 3400 West Commercial Boulevard Fort Lauderdale, FI 33309-3421 Telephone: (954) 777-4219 Fax: (954) 777-4310 DENVER J. STUTLER, JR. SECRETARY MEMORANDUM DATE: May 9, 2006 TO: Elisabeth Hassett (FDOT, DLA) FROM: Parker Ranspach (RLA) SUBJECT: SR 806 (Atlantic Avenue), City of Delray Beach, Gateway Parks at the Northeast and Southeast Quadrants of the SR 9 (1-95) Interchange Areas. RE: Grant Project Inspection for Atlantic Avenue in the City of Delray Beach The following comment is based on a site inspection of the above described project which took place on Monday, May 9,2006 at 2:30 PM. Present at the inspection were Nancy Davila (City of Delray Beach, Horticulturist) and Parker Ranspach (RLA, FDOT). The overall condition of the project is good. The installed project is reflective of the plans prepared by Harry Belton ofPBSJ, and is approved for submittal for payment. Future phases will be installed in these areas as funds become available. C:\Documents and Settings\davila\Local Settings\ Temporary Internet Files\OLKCO\Delroy Grant Plan Gatewoy Parks.doc www.dot.state.fl.us WARRANTY OF TITLE (For Periodic Progress Payments) STATE OF FLORIDA ) ) SS -CONTRACTOR: Conco Horticultural, Inc. PALM BEACH COUNTY ) CITY OF DELRAY BEACH PROJECT NO. 2003-002 BEFORE ME, the undersigned authority, personally appeared (jet (J u, 0 v</t 0 val e s (the "Affiant"), who after being duly sworn, says that he is the "CONTRACTOR", pursuant to a Contract (the "Contract") dated 1- .3 o. 0 S ,.i1m.6 with the CITY OF DELRA Y BEACH, FLORIDA, (the "OWNER"), for the supply of certain labor and/or materials (the "Work"), to certain property, as shown and described in the Contract Documents, subsequent Addenda or Change Orders, and on behalf of the Contractor makes the following warranties: I. The CONTRACTOR warrants that it has fully completely in accordance with the plans and specifications therefor, that portion of the Work, pursuant to the Contract (the "Com- pleted Work") covered by the attached Periodic Progress Payment Request. II. The CONTRACTOR further warrants and represents that: 1. All subcontractors, vendors, material men, suppliers and other parties of whatever kind of nature who are entitled to payment from the CON- TRACTOR for providing labor and/or materials to the CONTRACTOR pursuant to the Contract as of the date in the last previous request for payment have been paid in full and therefore have delivered to the CON- TRACTOR validly executed Partial Release of claims with respect thereto. 2. Title to all materials and equipment covered by the attached Periodic Pay Request for Payment dated , 2006, passes to the City at the time of payment free and clear of all liens. . J I .I / . J I!~)ft 0 Uu-h.~ t!',.rd k. ~t=tor) Sign;ture) l'~wPl-. (Title) ~1!.1Atf~~ Edgar M. Perez t(ib."'>1 MY COMMISSION # 00167294 EXPIRES ~~;~.~ November 24, 2006 ';4.P.f.,t\I~" BONDED THRU TROY FAIN INSUAANC~ INC SWORN TO AND SUBSCRIBED before me this (SEAL) 3 , 2006. r WT-1 FINAL RECEIPT STATE OF FLORIDA COUNTY OF Or Id \.)/~ vil{JfCI k5 being first duly sworn, deposes and says as follows: 1. He/she is flM~D84rof CONCO HORTICULTURAL. INC. . (Title) (Name of Corporation or Firm) a fl/)PIl>A corporation which is named in Construction Contract dated the ....:~ ~ i ~ day of Sf' ,alf' m h.pr , 2066, between said corporation as the CONTRACTOR and the CITY OF DELRA Y BEACH, FLORIDA (the CITY) as the OWNER for the construction of: CITY OF DELRA Y BEACH PROJECT NO. 2003-002 2. CONTRACTOR has fully completed all construction and work under the Con- tract and Title to all work, materials and equipment under the Contract passes to the CITY at the time of final payment, free and clear of all liens, and all labors, and material men and subcontrac- tors have been paid in full for performing or furnishing the work, labor or materials under the Contract. 3. Receipt by CONTRACTOR of the final payment from CITY in the amount $ 3" J () f/o ./s shall constitute a full release and discharge by CONTRACTOR to the CITY of all claims or liens of CONTRACTOR against OWNER arising out of, connected with, or resulting from performance of the Contract, including full payment for all extra work and ma- terial furnished by the undersigned in the construction of said improvements. 4. The undersigned further certifies that all non-exempt taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. FR-I Signa ~/O~ Title Sworn to and subscribed before me this --I- day of 14 ir '" . e ~J):4:1 :. 5. This statement under oath is 713.06, Florida Statutes. Signed and sealed in the presence of: "'ir.~"~l'., Edgar M. Perez f:~l:'''~~ MY COMMISSION # 00167294 EXPIRES : ~.~ November 24, 2006 ~~... ...~" BONDED THRU TROY FAIN INSURANCe,INC. ~11P'ftl~\\ Notary PublIc State of Flori My Commissi (SEAL) , 2006. FR-2 Conco Horticultural.. 9399 153rd Road South DeJray Beach, FI 33446 561 496-1772 954753-6036 WWW.Concohort.com Invoice DATE INVOICE NO. 5/4/2006 24292 BILL TO CIty OF DELRA Y BEACH 100 NW FIRST AVE DELRA Y BEACH,FL 33444 SHIP TO Gateway Parks Additions Attn; Nancy Davila P.O. NO. TERMS . REP SHIP DATE FOREMAN PROJECT Due on receipt OEM 5/4/2006 Robert DESCRIPTION QTY RATE AMOUNT Fakahatchee 70 70 9.00 630.00 DwrfFirebush 100 8.25 825.00 Cocoplum 100 8.25 825.00 Thryallis 75 9.00 675.00 Total $2,955.00 Thank for your business. Date: May 23,2006 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent When: May 30, 2006 Description of Agenda Item: Contract Close Out for Gateway Parks - Final Payment to Conco Horticultural Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~~: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items in~olvi ex,end)"ture of funds): ~ ,,-. ~ It 5 30 ob Funding Available:~ No '-.J ''--^\ Funding Alternatives: (if applicable) Account # & Description: City Manager Review: ;2#- Approved for agenda: GJ No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS r.f CITY MANAGER SUBJECT: AGENDA ITEM # ~ c:, - REGULAR MEETING OF JUNE 6, 2006 SERVICE AUTHORIZATION NO. 3.0/KIMLEY-HORN AND ASSOCIATES, INC. DATE: JUNE 2, 2006 This is before the Commission to approve Service Authorization No. 3.0 to Kimley-Hom and Associates, Inc. in the amount of $22,681.00 for schematic site plan work to reconfigure the existing Miller Field Complex. The existing park is approximately twenty (20) acres and includes six (6) baseball fields. The proposed improvements include the addition of a Miracle League Field and reconfiguring the existing fields in order to provide a four-field complex along with three (3) of the existing fields. In addition, batting cages and a restroom/pavilion facility will be added. Funding is available from 334-6112-519-31.30 (General Construction Fund/Engineering/ Architect). Recommend approval of Service Authorization No. 3.0 to Kimley-Hom and Associates, Inc. in the amount of $22,681.00 for schematic site plan work to reconfigure the existing Miller Field Complex. S:\City Clerk\agenda cover memos\SA 3.0 Kimley Horn Miller Field 060606 ~ +www.MyDelrayBeach.com City Of Delray Beach Department of Environmental Services M E M o R A N D u M TO: David T. Harden FROM: Jill Skaggs """'.~ DATE: June 1, 2006 SUBJECT: Miller Field Service Authorization # 3.0 Kimley-Horn & Associates, Inc. Project #2006-052 The attached Service Authorization Number 3.0 with Kimley-Horn and Associates, Inc. is for the schematic site plan work to reconfigure the existing Miller Field Complex. This existing park is approximately 20 acres and currently includes six baseball fields, one of which is Little Fenway Park. Proposed improvements include reconfiguring the existing fields in order to provide a four-field complex, in addition to the three existing fields to remain. Batting cages and a restroom/pavilion facility will be added. Detail design of this park will be developed under a separate service authorization. The length of this service authorization will be 90 days. Total cost is $22,681.00; funding is available in account # 334-6112-519-31.30, after budget transfer. The attached map shows the location of this park. Please place this service authorization on the June 6, 2006 Commission agenda. Thanks! Ene Ce Richard Hasko, P.E., Director of Environmental Services Randal Krejcarek, P.E., City Engineer Joe Weldon, Dir. Of Parks & Recreation Joe Safford, Finance Director Carolanne Kucmerowski Agenda File, June 6, 2006 Project File, 2006-052 S:\EngAdminIProjects\2006\2006-052\OFFICIAL\2006june 6 agenda memo. doc CONSULTING SERVICE AUTHORIZATION DATE: May 19,2006 SERVICE AUTHORIZATION NO.-.lJL FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 334-6112-519-31.30 TITLE: SITE PLANNING AND PUBLIC INVOLVEMENT FOR IMPROVEMENTS TO MILLER PARK I. PROJECT DESCRIPTION Kimley-Hom and Associates team (Consultant) will prepare a schematic site plan, and coordinate with the local community for proposed improvements to the existing Miller Park. The.park is approximately 20 acres in size and currently includes six (6) baseball fields one of which is Little Fenway Park. Proposed improvements include the addition of a Miracle League field and reconfiguring existing fields in order to provide a four-field complex in addition to three existing fields, which will remain. In addition, the park will include batting cages and a restroom/pavilion facility. II. SCOPE OF SERVICES This work authorization includes the necessary site evaluation, conceptual planning, public involvement and coordination needed to prepare a schematic site plan for the project. 1.0 PROJECT SURVEY A Preliminary Boundary and Topographic Survey has been prepared by Heller-Weaver and Sheremeta (HWS). The City will issue a separate consulting service authorization to HWS to update the existing survey and provide CADO files of all survey information to the CONSULT ANT. The CONSULTANT will work directly with HWS to determine the survey requirements. 2.0 SITE REVIEW AND RECORDS EVALUATION The CONSULT ANT will visit the site and review available record drawings, utility maps, permit records and other information provided by the City to determine the function and uses of the existing facilities. Specifically, any existing storm water permits will be reviewed to determine any site planning impacts this may have to the project. 3.0 PRELIMINARY SCHEMATIC SITE PLAN PREP ARA TION Once the existing site conditions have been ascertained and understood a preliminary schematic site plan will be prepared to generally reflect the existing and proposed uses of the Park. Schematic improvements will include a four field "wagon wheel" layout (if feasible), a Miracle League Field, batting cages, a concession stand and public parking. City of Delray Beach, May 23, 2006, Page 2 Once the preliminary schematic site plan has been prepared a review meeting will be held with City Staff to obtain input and prepare for the public presentations described below. 4.0 PUBLIC INVOLVEMENT AND COORDINATION On approval by the City, the CONSULTANT will conduct a meeting with the public to present the preliminary schematic site plan and obtain feedback. Public Workshop- The Consultant shall facilitate up to two public workshops for discussion regarding the schematic site plan and design and development program for the park. The agenda for the public workshops shall discuss the community needs for the proposed improvements, the schematic site plan, and the facility utilization and opportunities for integrating public art into the proposed park. The Client shall be responsible for public advertisement and notifications, as well as reservation of a meeting space and any refreshments required. The team shall provide sign-in sheets and flip charts to record public comments. 5.0 FINAL SCHEMATIC SITE PLAN PREPARATION Once comments are received from the public meetings, a final schematic site plan will be prepared. The Consultant will meet with the City to review public comments from the workshops and to agree on the elements that will be included in the final site plan. The final schematic site plan will include a preliminary layout of all proposed improvements (baseball fields, concession stand, parking etc), manufacturer's data on equipment and preliminary opinion of construction cost. Once the final site plan is complete, a rendering will be prepared and a presentation will be made to the City Commission prior to initiating contract document preparation. 6.0 SERVICES NOT INCLUDED This authorization is intended to be for planning purposes only and does not include any preparation of construction documents. Additionally, due to the requirements of the site plan approval process by the City (preliminary engineering plans, landscape plans, etc) a formal site plan approval is not included in this authorization. 7.0 INFORMATION PROVIDED BY THE CITY In addition to providing site access assistance, the City shall provide the Consultant with all pertinent available records to be reviewed as part of Task 2.0 outlined above. The City shall also provide initial contact information for the anticipated attendees at the public meetings, as well as the appropriate City agencies and departments. III. BUDGET The CONSULTANT will provide the basic services described in this scope of services for the lump sum amount of $22,681.00 as shown in the attached staff hour estimate. This fee City of Delray Beach, May 23, 2006, Page 3 includes $21,531.00 oflabor and $1,150 .00 of expenses. The lump sum amount does not include any allowance for Additional Services. IV. COMPLETION DATE We anticipate that the services described above will be completed within 90 days of obtaining Commission approval of this Service Authorization. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further Notice to Proceed. Approved by: CITY OF DELRA Y BEACH: KIMLEY-HORN AND ASSOCIATES, INC Date: Date: By: Mayor (Seal) Witness Witness Attest: Attest: Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, This _ day of , 2006 was aclmowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 2006. Notary Public State of Florida My Commission Expires: "iii en o Q. 2 ll. Q) Q) u.. g'''C ._ C ,cCCIl CJ;,Sl CIl- CIl Q) ll. 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QI QI C)IL c"O ._ C .c C III C,) C IlI.!!!S QI a.. III al S .5 >0'- - l!CI).n Qi~'" C Ill;:' _a.. 0 0...::J: ~.!!!U: ._ = J9 u:iCl) '0 ~ a Cl '" ~ "0 ci. a E c: 2 a u 0 ? .q- <D 0 I LO 0 l 0 ;;:- .l!l u .i!. e ~ Cl Cl <I: U '" c: ~ Vi 8 0 U LEV A R 0 ~ ~ <( ~ vi ~ ~ 0: U W ...: <v- a ~.__....m.....::=.===:~___ _. ~ /--v -C:-.,- ~ / <y"\- .0 <y'}' >, .0 -0 ~ o a: DRIVE ROAD Ii> CITY of DELRA Y BEACH ENVIRONMENTAL SERVICES DEPARTMENT 434 llOU1H 8WNl'ON AVEN.E, OB.IlAY EIEACH, FLClN)A 33444 MILLER FIELD COMPLEX LOCATION MAP 2005-064 DATE: 05/10/2006 I&lliR FIaD COlPlfX 1 OF 1 Date: June 1. 2006 AGENDA ITEM NUMBER: ~G AGENDA REQUEST Request to be placed on: --X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: June 6.2006 Description of Agenda Item (who, what, where, how much): This agenda request is for approval of Service Authorization Number 3.0 with Kimley-Horn and Associates, Inc. for schematic site plan work to reconfigure the existing Miller Field Complex. This existing park is approximately 20 acres and currently includes six baseball fields, one of which is Little Fenway Park. Proposed improvements include reconfiguring the existing fields in order to provide a four-field complex, in addition to the three existing fields to remain. Batting cages and a restroom/pavilion facility will be added. The cost is $22,681.00. Funding is available in account # 334-6112-519-31.30. Recommendation: Staffreco~ ~ Department Head Signature: - 6 .-l..- -bb City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available90 Initial.: IJJ:. AccountNumber 3~'l-fo{(2 - ~9.3( - :50 Description e~1NiPiYt~. ( )-vdv,1l cmrtAJ Account Balance: !j:.3fJ,IJDO ~~ ir~-.YA~ Funding Alternatives: (if applicable) City Manager Review: ~ Approved for Agenda:~No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin \Projects\2006\2006-052\OFFICIAL \2006 june 6 agenda.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # <6\.\ - REGULAR MEETING OF JUNE 6. 2006 PIPING AND LANDSCAPING LICENSE AGREEMENT fLAKE WORTH DRAINAGE DISTRICT (LWDD) DATE: JUNE 2, 2006 This is before the Commission to approve a Piping and Landscaping License Agreement between the City and the Lake Worth Drainage District (LWDD) as part of the permitting process for the installation of the L-33 Canal Culvert for Eagle Park. In conjunction with the development of Eagle Park, north of Temple Sinai on Coral Trace Boulevard, we are constructing a 10' x 12' box culvert, within the Lake Worth Drainage District (LWDD) L-33 Canal right-of-way, to replace the existing open channel across the park frontage. This will allow the city to use the canal right-of-way as part of the park with improvements limited to passive non-structural recreational facilities. The construction of the culvert has begun and will be complete prior to the beginning of the 2006/2007 school year, to minimize impacts on the operation of Atlantic High School. As part of the permitting process, LWDD requires the City to enter into a Piping and Landscaping License agreement outlining the terms, limits, and requirements of the City's authorized use of the right-of-way. Recommend approval of a Piping and Landscaping License Agreement between the City and the Lake Worth Drainage District (LWDD) as part of the permitting process for the installation of the L-33 Canal Culvert for Eagle Park. S:\City Clerk\agenda mcmos\CM Agmt LWDD L33 Canal Culvert 060606 prt!J 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 v FROM: Richard C. Hasko, P .E., Environmental Services Director SUBJECT: L-33 CANAL CULVERT FOR EAGLE PARK DATE: May 25, 2006 In conjunction with the development of Eagle Park to the north of Temple Sinai on Coral Trace Boulevard, we are constructing a 10' x 12' box culvert within the Lake Worth Drainage District (LWDD) L-33 right-of-way to replace the existing open channel across the park frontage. This will allow the City to use the canal right-of-way as part of the park with improvements limited to passive non-structural recreational facilities. The construction of the culvert has begun and will be complete prior to the beginning of the 2006/2007 school year to minimize impacts on the operation of Atlantic High School. As part of the permitting process for the culvert installation, LWDD requires the City to enter into a Piping and Landscape Agreement with the District outlining the terms, limits and requirements ofthe City's authorized use of the right-of-way. Attached is a copy of the agreement for this project requiring execution by the Mayor. Please place this item on the agenda for the June 6,2006 City Commission meeting for approval and authorization for the Mayor to execute the agreement. Cc: Randal Krejcarek, P .E., City Engineer Jill Skaggs, P.E., Assistant City Engineer 05/31/2~06 11:39 5514959594 LWDD PAGE 02/11 RETURN TO: LAKE WORTH DRAINAGE DISTRICT 13081 Milit:a.ry TraiJ Delray Beach, FL 33484 PREPARED BY: MARK A. PERRY PERRY & KERN, P.A. 50 SE Fourth Avenue Delroy Beach, F'L 33483 PIPING and LANDSCAPING LICENSE AGREEMENT PROJECT NO. OS-6823C.09 THIS AGREEMENT entered in to this the _ day of 2006, by and between the LAKE WORTH DRAINAGE DISTRICT, A Special Taxing District in. the Sta.te of Florida, whose mailing address is 13081 Military Trail, Delray Beach, Florida 33484, hereinafter referred to as "DISTRICT" and THE CITY OF DII;1..KA'lt' .l:US:Af,,;J:S, a municipal corporl:l.uun, whu~t: Im:t.iliHg address is 100 NW First Avel''lue., Delray Beach, Florida. 33444., hereinafter refelTed to as "LANDOWNER"; and WHEREAS, LANDOWNER is the owner of that certain property located in Palm Beach CuuIlly, lJ.el'ein.a.fteJ" reft!::l"l"ed to a,s "PROrERTY", more particularly described in Exhibit 'IN attached hereto and made a part hereof; and WHEREAS, DISTRICT maintains and controls certain right, title or interest in Latere.J. Canal No. 33 (L-33 Canal), ab'l..1.tting and contiguous to the PROPERTY; and WHEREAS, LA.t1\J'DOWNER h.as requested that the DISTRICT gre.:n.t a. License for piping a portion of th~ DISTRICT'S L-33 Cane.1 for the installation of landscaping and th.e ma.intenance thereof, in conjunction with LANDOWNER'S proposed use of the PROPERTY as a park. The piped portion of the DISTRICT'S L-33 Canal, includi.ng the landscaping, shall hereinafter be referred to as "LICENSE AREA," as shown 011 Exhibit nB". attached hereto and made a part hereof. OS-6823C.Q9 1 05/31/2~06 11:39 5514959594 LWDD PAGE 03/11 NOW, THEREFORE, for Ten Dollars ($10.00) and other good and. valuable considerations, received by each party from the other. it is hereby agreed as follows: 1. The fa.cts above are true and correct. 2. The DISTRICT does hereby grant LANDOWNER this License to allow LANDOWNER to pipe a portion of DISTRICT'S L-33 Ca.nal for the installation of landscaping a.nd the maintenance thereof within the LICENSE AREA, in. conjul1ctiO:1 with LANDOWNER~ proposed use of the PROPERTY as a park, a.s shown on Exhibit "B" for as long as LANDOWNER is in compliance with the terms of this l...icense Agreement. 3. The DISTRICT'S L-33 Ca.nal within the LICENSE AREA shall be piped by L.t\NDOWNER withh, Ol"l.e (1) year frorn the date of this License Agreemel:'Jt. pursuant to the plans preps.red by Matthews Consulting, Inc., signed an.d sealed November 30, 2005, for City of Delray Beach LWDn L-33 Canal Box. Culvert Extension, as approved. by DISTRICT February 8, 2006; and LANDOWNER shall provide the DISTRICT with an a.cceptable contractor's pel~formance and completion bond equal to 1.10 percel1t of LANDOWNER'S certified engineerls estimated construction cost. 4. LANDOWNER shall provide and insure full free flowing capacity of the canal during storm e"ent~, a.s well as d\..uing normal dewatering operations durin.g insta.1lation. LANDOWNER will take: full responsibility of any 8.nd all damages that mj,ght occur during the installation of the pipe, due to storm events or any other ca.u.ses. Th8 LANDOWNER acknowledges this liability and vviIl hold the DISTRICT harmless from a.ny and all liabilities, dama.ges, expenses and costs that may arise during the process of installa.tion of the pipe. 5. LANDOWNER shall insta.ll landscapin.g, pursua.nt to the plans prepared by Durr and Associates, Inc, for City of Delray Beach Temple Park, signed and sealed .January 26. 2006, a.s approved by the DISTRICT Febnl.ary 7, 2006. OS.S823C.09 2 05/31/2005 11:39 55143595'34 U~DD PAGE 04/11 6. LANDOWNER shan pay a one-tim.e license fee equal to $25.00 per lineal foot of right-of-way being utilized by LANDOWNER, i.e. 325 ft. lineal feet X $25.00 per lil'\eal foot equals EIGHT THOUSAND ONE HUNDRED TWENTY FIVE AND 00/100 ($8,125.00); together with inspection an.d admin.istration fees, pursuant to DISTRICT Operating Policies, Section 1.0, in the amount of EIGHT HUNDRED SEVENTY-FIVE AND OOflOO DOLLARS ($875.00) shall be nonrefundable once paid. Further, LANDOWNER shall obtain any additional permits requir~d by the DISTRICT and shall pay all associated permit fees. 7. LANDOWNER agrees to maintain the installed pipe and its headwaJ.ls and landscaping, and pay aU expenses there tn,volved so as to provide at all times that the condition of the pipe remains suitable to facilitate the free flow of water th.rough the pipe and further to mal.11tain and keep said improvements in a goodr safe u.sable condition B.nd also to keep the improvements in compliance with good engineering standards and to perform all acts of maintenance that the DISTRICT may reasonably require in writing. 111. the event LANDOWNER fails to effect such maintenance within thirty (30) days after writterl notice from the DISTRICT demanding same, this License shall automatically be voided a,nd all rights hereunder shall be deemed released, and t,he DISTRICT shall have the authority to restore the PROPERTY as an open canal and shall have the right to reclaim ownership of a.ny pipe salvage, and the expen.se(=; thereby reasonably b!.curred (including reasonable attorney's fees) shall be the responsibility of LANDOWNER. 8. I.ANDOWNER shall provide a. report to the DISTRICT every two years, prepared by a professional Florida engineer as to the structural integrity of the pipe. 9. Witl1n11t wA1vr.r of limit.Ation of liaQ;~~W a,s provided for in ~ 768.28 (5) of the: Florida. Statutes and to ::he extent permitted by law, LANDOWNER a.grees to indemnify a.nd hold harmless the DISTRICT from any an.d all1iability costs and expenses the DISTRICT mayor could sustain as a r<::l:lu.ll uf o!' en.l.anatin,g out 05.6823C:'09 3 ~~/~1/?~A~ 11 :~9 FiI;14C1Fi%94 I wrIT) PAGF I1R/1 1 of the piping and usage of its cana.1 right..of-way, the same includu1g, but not limi.ted to damage or injury to the actual culvert, paving for parking, landscaping, lighting and signage, or to the public arising out of the public's use thereof, notwithsta.nding any case law to the contrary. 10. To the extent permitted by 9768.28(5), Florida Statutes, LANDOWNER shall hold ha.rmless the DISTRICT for any and all damages that may be caused by the DTSTRIC'r to the paving, landscapil"1g, lighting and ~i~lltl.gc, h'l thel Pf'ulK,a lJ.y.I.:H.:i:.~ u:r it! l"Csrnn!1ibilitico and ohli.(}1tion~ of l~'1Ah'\.t~l'u!!.~ec of iOO dra.inagl!!l f1yttem, notwithstanning Any r.RRP. lAW t.o j;ne con trary . 11. To the extetit: permitted by !3768.28(G), Florida. Statu,tes, LANDOWNER shall insure t:bc DISTRICT again,st any and all liabilities by listing Lake Worth Drainage:: District a.s an Additional Named Insured m"l its self- in.El\urancc prog.ram, notwithsta.nding any case law to the contrary. J.2. This License Agreement, unless terminated due to a default of the terms and conditions as pJ"ovided herein, shall be perpetual and shall run with th.e property as 8.11. appurtens.nce. 13. LANDOWNER agrees to pay the reasonable attorney's fees incurred by the DISTRICT in the drafting, reviewing and entorcement of the terms and conditions of the subject Agreement. 14. The parties here by a.gree from time to time to execute and deliver such further and other trun.e:fere;, 3.sEign.ments, a.nd documents and to do An matters a.nd things, which may be convenient to more effecti.vely a.nd completely carry out the intentions of this License Agreement. 15. All notices required or allowed by this Agreement shall be delivered in person or mailed by Certified Ma.il ~- Return Receipt Requested, postage '1'..cl'aid, to tho ptl.:t'Ity u.pon whom tuch notice is to be gim~n at th~ fl1l1owing Clddnuee; 05-6823C.OQ 4 05/31/2005 11:33 5514959594 LWDD PAGE 05/11 L.~NDOWNER: The City of Delray Beach 100 NW lilt Avenue De1.ray Beach, FL 33444 Att: David T . Harden, City Manager Copy to: Susa.n A Ruby, Esq., City Attorney The City of Delray Bea,ch 100 NW 1st Avenue Delray Beach, FL 33444 LWDD: LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484 Att: William G. Winters, Ma.nagf';f Copy to: M~rlc: A, Perry, ~e,q. 50 S.E. F'ourth Avenue De1.ray Beach, FL 33483 IN WITNESS WHEREOF, the parties have hereunto executed this License Agreem.ent the day a.nd year first above written. W1T1\I~til;!;::;: lJ'\.h:~ W~!\'" eRAIHADD DIOTmOT A Special Taxing DistTict By: C. STANL.EY WEAVER, President Approved as to Form a.nd Legal Sufficiency Attest: WILLIAM G. WINTERS, Secretary By: 1 SOB 1 Military Trail JJelray Beach, FIJ 33484-1105 CI;TpO"'llt(! Sp.131 06-6S23C.OB 5 05/31/2~06 11:39 5514959594 U~DD PAGE 07/11 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared C. STANLEY WEAVER and WILLIAM G. \i\llNTERS, the Presid(!nt and Secretary respectively, of the LAKE WORTH DRAINAGE DISTRICT, known to me, and who did not take an oath. WITNESS my hal1d and official seal in the County and State last aforesa.id this the_ d.a.y of , 2006. NOTARY PUBLIC Notary Stamp or Seal CITY OF DELRAY BEACH, FLORIDA a municipal corporation By: JEFF PERLMAN. Mayor 100 NW First A ven:ue Delray Beach., FI.. 3344.4 Approved as to Form and Legal Sufficiency Attest: BARBARA GARITO I City Clerk By: CHy Attorney Corporate seal 05.6823C,09 6 05/31/2606 ~1:39 LWDD 5514959594 STATE OF FWRIDA COUNTY OF PALM BEACH. PAGE 08/11 I HEREBY CERTIFY that on this day, before mc, an offlcer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JEFF PERLMAN and BARBARA GARITO, the Mayor and City Clerk, respectively, of THE CITY OF DEL.RA Y BEACH, They are person.ally known to me or have produced a.s identifioa.tIon, a.n,d who did (did not) tFl.kl" /'In n~t.l1. WITNESS my hand al1d official scal in the county and Sta:te last afore:<:\i'lirl t.hi:'t the_ day of , 2006. Notary Stamp or Seal NOTARY ?UBUC 05-6B23C,09 7 ~ .1 .~ c.&:. .2 g t:41 Oal ~.a "00.. 6_ 00 :-g~ o~ G:8 >-2 -..... 5u 0.... u.g .&:.0.. U41 ~= al_ E 0 o~ a..lO ':41 enOl 00 Wa.. ~w v 41~ 010 60 O::al ~c go.. (/LEO w"o v-8 ~s enU c4I ~ ~ oen I-~ -- 000 ..... 41 ~ C4I o.&:. +=..... u_ 410 (/)0.. .EO ~ .~-;; ..2:-- rt')0I rt') . 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C'lCl I r'l' I ;;;;~ I ~< I l>- ;--~~ I r'l~ I r'l "1J . ~l> ~z~ h-i_ ::0 ~ :... "'B5 '1:::)(. ~ " ):> _:0 "1J() iJJfTl 'r I : I):> I : "'0 ! I):> "1J :0 ~o() . :E fTl I fTl r I z _ 'I CJ) 1> I ttI : I):> ;,,, iJJfTl h:O 0"'0 ~r ):> -I I I I I I . .. -,- :00 '0 :E::D -I> :Or- ):> ()-t -I::D => ~o ::om o,m '0 ~c -r- "'Om Gl< ~> -::D ~c I I\) o "'0 0, h ::0 "" AGENDA ITEM NUMBER: ~\-\ AGENDA REQUEST Date: May 25, 2006 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda June 6, 2006 When: Description of agenda item: Staff requests Commission approval of and authorization for the Mayor to execute a Piping and Landscape Agreement with the Lake Worth Drainage District for the construction of a lO'xI2' box culvert to replace the existing open channel L-33 Canal east of Coral Trace Blvd. This work is proposed in conjunction with improvements to Eagle Park and to allow expansion of passive park facilities into the L WDD right-of-way. ORDINANCE/RESOLUTlON REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: staffrecommeMval ~~ a~~ Department Head Signature: ~L ~ .:f -31 - ()1 Determination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): "'-\:l. _c",1..)\~ ~ '<6~,(~.. C)\,,^,,,) i\ ~ , . \'(~ \' h. \.\.\-"'(~ '\; -\?:>'l<<,,-I. --\\ l' ~'\.;\ , 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: v::<. . ..~ rl? No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: #CITY MANAGER SUBJECT: AGENDA ITEM # ~ I - REGULAR MEETING OF JUNE 6, 2006 SERVICE AUTHORIZATION NO. 4/CH2M HILL. INC. DATE: JUNE 2, 2006 This is before the Commission to approve Service Authorization No.4 to CH2M Hill, Inc. in the amount of $19,000.00 for professional services required for coordinating a national design competition for the proposed park at the Old School Square Cultural Arts Center. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School Square). Recommend approval of Service Authorization No. 4 to CH2M Hill, Inc. in the amount of $19,000.00 for professional services required for coordinating a national design competition for the proposed park at the Old School Square Cultural Arts Center. S:\City Clerk\agenda mcmos\SA 4 ass Park CH2M Hill 060606 ~~ ~<4f'Y- e. ~ ~ /W?~ City Of Delray Beach Department of Environmental Services MEMORAN D u M www.mydelraybeach.com TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Environmental Services Director SUBJECT: OLD SCHOOL SQUARE PARK DATE: June 1,2006 Attached is a copy of Service Authorization #4 for CH2M Hill for professional services required for the development of the framework and content of a national design competition advertisement for design of the proposed park expansion at the Old School Square Cultural Arts Center. The scope of this agreement includes meetings with City staff to coordinate a stakeholder input session with identified entities including Old School Square, Pineapple Grove, Downtown Development Authority, Chamber of Commerce, Community Redevelopment Agency, Public Arts Board and major events sponsors. The input session will seek to draw on the creativity of participants and will result in a program of proposed park improvements and amenities that will be used to define the parameters of the national design competition. Results of the stakeholder session will be presented to City Commission in written and graphic form in July. The total fee for this agreement is $19,000 with funding available in Parks & Recreation Bond account #380-4150-572-63.29, Old School Square. Please place this item on the June 6, 2006 agenda for consideration by City Commission. Cc: Bob Barcinski, Assistant City Manager Joe Weldon, Parks & Recreation Director Service Authorization No.4 to the Agreement to Furnish Professional Services Dated May 25, 2004, Between the City of Delray Beach, Florida and CH2M Hill, Inc. City P.O. Number: City Project Number: 2006. Title: Old School Square Park RFP Development Category of Work: General Civil (Parks and Recreation) General This SERVICE AUTHORIZA nON shall modify the professional services agreement (AGREEMENT) between the City of Delray Beach (CITY) and CH2M HILL, Inc. (CONSULTANT) referenced above and shall become part of that AGREEMENT as if written therein full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement. Introduction As part of the CITY's Master Plan for developing the Old School Square Cultural Arts Center, the CITY is in the process of building a new approximately 521-space parking garage and retail area located off of N.W. 1st Street and N.W. 1st Avenue. As part of this development, the CITY plans to create a park adjacent to the garage that would be appealing to the public and local businesses and further the CITY's goal of expanding its cultural amenities for the enjoyment of the public. In an effort to achieve its stated goals, the CITY would like to conduct workshops in the community to solicit ideas and thoughts on the design of the park. Attributes and features resulting from the workshops would then be used to develop a request for proposal (RFP) for a nationally recognized firm to design the park. Scope of Services This scope of services provides the basis for the CONSULT ANT to facilitate the necessary workshops, compile the input and develop an RFP for the CITY to advertise nationally. Task 1 - Meetings with City The CONSULTANT will conduct three meetings with the CITY during the following phases of the project: Kickoff Meeting to discuss the CITY's goals and objectives for the workshops and the RFP, craft the agenda, define format and length, physical setting and the schedule for the workshops, and develop a list of invited attendees. A brief set of meeting minutes will be prepared highlighting the key topics discussed, decisions made and action items with assignments. Progress Meeting to discuss outcome of the first workshop and finalize the agenda and format for the second (final) workshop. Progress Meeting to discuss the outcome of the second workshop and to present the draft RFP. Meetings will be held in the City Manager's office or the Department of Environmental Services' office. Task 2 - Old School Square Workshops Two workshops will be conducted - one with the Old School Square business community and one with the City Commission. Task 2.1 - Business Community Brainstorming (workshop 1) The location of the first workshop will be determined during the kickoff meeting with the CITY described in Task 1. Some of the expected businesses and private community agencies to be invited include: . Old School Square Board/Staff . Pineapple Grove Main Street . Downtown Development Authority . Chamber of Commerce . Public Arts Board . City Planning Staff . City Parks & Recreation Staff . Major event sponsors (to be identified) During the first workshop, CITY staff will present an overview of the project, the current site configuration, and other information needed to create a common understanding of the activity. The CONSULTANT will then lead the business community in a brainstorming session. The session will focus on identifying what they envision for the new park. Specifically, participants will be asked to identify the type of users, the nature of activities that might take place, the "look and feel" of the park to achieve those uses/users, materials preference, and to define any other parameters necessary for the park, such as operations and maintenance (O&M) costs, water and energy use, public safety, or other criteria. A landscape artist will participate in the meeting to visually capture some of the concepts discussed. The ideas generated during this workshop will be summarized and preliminary concepts developed for discussion with CITY staff. Task 2.2 - Concept Presentation and Feedback to the City Commission (workshop 2) During a workshop with the CITY Commission, the CONSULTANT will present a written summary of the concepts defined in Workshop 1 and further refined with CITY staff. In addition, concept renderings (up to 3) will be presented for discussion, critique, input and preference by the Commissioners. The content of a draft RFP for the park will also be discussed during the workshop. 2 Task 3 - RFP Development Following the workshop and Commission meeting, the CONSULTANT will prepare a draft RFP that will include the following: 1) Statement of purpose and vision for the park site 2) Design concepts, intended uses, materials preferences and other items defined in the workshops 3) Rendering selected from those presented in Workshop 2 4) Strategy using workshop invitees to ensure continuity and gain stakeholder buy-in 5) Community outreach and grand opening event(s) The CONSULTANT will present the draft RFP to the CITY at the final meeting in Task 1. Input from the CITY will be incorporated into the final RFP by the CONSULTANT and will be forwarded to the CITY electronically for incorporation into a formal RFP for advertising and distribution by the CITY. Schedule and Deliverables The CONSULTANT will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Specific Authorization from the CITY, which will serve as the notice to proceed. It is estimated that services described herein will be completed in approximately 10 weeks from the date of notice to proceed (depending on scheduling of workshops). The following summarizes the proposed schedule and deliverables. Task Deliverable Completion Task 1 - Meetings with City Meeting Summaries 1 week following each meeting Task 2 - Old School Square Workshop Summary, 1 week following the Workshop/Commission Renderings (3, plus final) workshop Meeting Task 3 - RFP Development Draft and Final RFP 3 days each, following receipt of comments Assumptions This scope of services was based on the following assumptions: 1. Meetings with the CITY will be attended by up two representatives from CH2M HILL and representatives from the CITY with decision-making authority. 3 2. The CITY shall be responsible for correspondence, including invitations, to all attendees for the two workshops. 3. Attendance of workshops will be open to the public, however, participation in discussions will be limited to the invited stakeholders. 4. Space and any refreshments, including any rental costs, for the workshops will be provided by the CITY. Compensation to the CONSULTANT Compensation for professional consulting engineering services as described herein is estimated at $19,000. Task Fee Task 1 - Meetings with City $3,500 Task 2 - Old School Square $13,000 Workshop/Commission Meeting Task 3 - RFP Development $2,500 Total $19,000 Compensation shall be lump sum in accordance with Article VILA.l of the AGREEMENT, and shall be invoiced on a monthly basis based on percent complete of the work accomplished. 4 This service authorization is approved contingent upon CITY acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. THE CONSULTANT will commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRA Y BEACH: CH2M HILL, INC. (Corporate Seal) Date: Date: Jeff Perlman, Mayor Timothy S. Sharp Manager Witness Attest: STATE OF FLORIDA COUNTY OF BROW ARD Approved as to Legal Sufficiency and Form The foregoing instrument was acknowledged before me this _th day of . 2006, by Timothy S. Sharp, Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. She is personally known to me and (did/ did not) take an oath. Dorothy Gumm Notary Public State of Florida (Seal) 5 AGENDA ITEM NUMBER: ~ AGENDA REQUEST Date: May 30, 2006 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: June 6, 2006 Description of agenda item: Staff requests Commission approval of Service Authorization #4 to CH2M Hill for professional services required for coordinating stakeholder input and developing a format and program parameters for a national design competition for improvements to the proposed expansion of the Old School Square Cultural Arts Center. Funding for this agreement is available in Parks & Recreation Bond account #380-4150-572-63.29, Old School Square. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: S-~-ob Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure~ds): Funding available: ~ ui No Funding alternatives (if applicable): Account Number: 3BIJ -' LJ/~O- 572. t?5 27' r/l1p/ZJY.en-?fI/lf~/ Old yholJ/ SJaterc ~//J,tfg' Z. / if iJ I I Account Description: Account Balance: City Manager Review: Approved for Agenda: s ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: ~tt [IT' DF DELRAY IEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVEI\TE. DELRAY BEACH, FLORIDA 33444 TELEPHONE: 561/24.,-7090' FACSIMILE: 561/278-4755 DELRAY BEACH F lOll I D II D.ed AII.America City Writer's Direct Line: 561/243-7091 , III I! DATE: MEMORANDUM May 31,2006 1993 2001 FROM: City Commission David Harden, City Manager Q...- ........... - Brian Shutt, Assistant City Attorney TO: SUBJECT: Consent to Subcontract Request bv Waste ManaQement At its April 4, 2006 meeting the Commission granted its consent to allow Waste Management (WM) to subcontract out the collection of vegetative and bulk waste to Eastern Waste Systems, Inc. (EWS) for a 30 day test period. The 30 day period has expired and City staff is recommending that the consent to subcontract be extended until the end of the franchise term. The franchise term ends on September 30,2008. The attached "Consent to Subcontract" also provides that the City may withdraw this consent at any time if the performance of EWS fails to meet the needs of the residents. Our office requests that this item be placed on the June 6,2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Lula Butler, Community Improvement Director Richard Bauer, Code Enforcement Administrator <&T CONSENT TO SUBCONTRACT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain agreement dated September 20,2001 and originally between the City of Delray Beach and BFI Waste Systems of North America, Inc., and later transferred to Waste Management Inc. of Florida does hereby give consent to allow Waste Management Inc. of Florida to subcontract out the residential bulk vegetative clam shell pickup service to Eastern Waste Systems, Inc. (EWS). EWS clam shell trucks, while working in the City, shall have the Waste Management name and phone number provided on the truck. Waste Management shall still be responsible to comply with all of the terms and conditions of the Agreement and shall be responsible for all actions or inaction taken by EWS. This consent may be withdrawn at any time by the City, in its sole and absolute discretion, if the performance of EWS is not adequate or fails to meet the needs of the residents of the City. IN WITNESS WHEREOF, the undersigned has signed this instrument on this _ day of ,200_. ATTEST: CITY OF DELRAY BEACH, FLORIDA B~ B~ City Clerk Jeff Perlman, Mayor Approved as to legal form and Sufficiency: By: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~ K - REGULAR MEETING OF JUNE 6, 2006 GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) DATE: JUNE 2, 2006 This is before the Commission to approve and accept the Edward Byrne Memorial Justice Assistance Grant GAG) award in the amount of $35,432.00. The grant will provide funding for the Police Department's Holiday Task Force Overtime. Recommend approval and acceptance of the Edward Byrne Memorial Justice Assistance Grant GAG) award in the amount of $35,432.00. S:\City Clerk\agenda cover mcmos\Grants/Byrne Justice Grant Award 060606 ~ Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 DELRAY BEACH F l 0 " I 0 ... ....... All-America City , III I! Joseph L. Schroeder Chief of Police 2004 1993 2001 MEMORANDUM RECEIVED JUN ,- 20B6. CITY MANAGER TO: David Harden City Manager ~ ~\(p Tina L. Lunsfor<r~- Administrative Officer FROM: DATE: May 31, 2006 SUBJECT: EDWARD BYRNE MEMORIAL mSTICE ASSISTANCE GRANT (JAG) 06 We have received notification from the Criminal Justice Commission that the Police Department has been awarded the above grant in the amount of $35,432.00. Attached you will find the Agenda Request for approval to accept the award, the award documentation, program narrative and budget narrative for the grant. Once Commission gives the approval to accept the grant; please review, sign and initial where indicated and return the documents to me and I will fax the documents to the Office of Justice Programs. Should you require further information, please contact me at ext. 7852. TLLI Attachment cc: Joseph L. Schroeder, Chief of Police Mary Ann Young, Accountant II Carolanne Kucmerowski Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence Edward Byrne Memorial Justice Assistance Grant (JAG) 06 Delray Beach Police Department Program Narrative Program: Holiday Task Force The task force has been operational from Thanksgiving to the New Year, each year, for the past eight years. The task force saturates all shopping centers in the Delray Beach area with high visibility patrols providing high profile visibility of police officers during each holiday season. This past holiday season the Police Department dedicated one thousand four hundred and forty (1,440) hours and spent $71,598.48 toward this program using the Justice Assistance Grant (JAG) 05 and City funds. As a result, there have been minimal incidents per year in strong arm robberies, thefts, or other serious crime incidents as compared to the surrounding cities. Without this program the Part One Crimes would increase during the holiday season. Edward Byrne Memorial Justice Assistance Grant (JAG) 06 Delray Beach Police Department Budget Narrative October 1, 2006 - September 30, 2007 Program: Holiday Task Force Overtime.......... .......... .... .,. '" ...... ..... ....... 32,914.07 FICA................................................ ..... 2,517.93 Total Expenses:........ ............. .................. $35,432.00 These funds will pay for officer overtime to reduce and deter robberies during the holiday season from November 25, 2006 through December 27,2006. Edward Byrne Memorial Justice Assistance Grant (JAG) 06 Delray Beach Police Department Review Narrative The Delray Beach Police Department forwarded a memo along with the award notification, Program Narrative and Budget Narrative to the City Manager, David Harden on February 1, 2006 for his review and approval. We received his approval back on February 6, 2006. A public notice was placed on the City of Delray Beach web page, www.mydelraybeach.com under Police Department under "News" titled "Public Notification JAG 06 Grant". The notice outlined what was being requested in the grant and provided a contact person with a phone number and email address to make arrangements to view the application. . Award Instructions - . Award Award Handbook Award Instructions Post Award Instructions ACH Information Help/Frequently Asked Questions GMS Award Home Log Off r .~ Page 1 of 1 FY 2006 Edward Byrne Memorial Justice Assistance Grant e. . (JAG) Program 2006-DJ-BX-0896 Performance Reports Correspondence Award Instructions Congratulations. You have been awarded a grant by the Office of Justice Programs of the Department of Justice. Please click on the Award Document link below to see your award documents. If you choose to accept the award and ALL the special conditions, please 1. Print the Award Document and Special Conditions. 2. Sign the Award Document (The Award Document is the page that requires your signature; it has a blank spot for "Authorized Grantee Signature") 3. Initial the bottom right corner of every Special conditions page(s) and 4. Fax BOTH the Award Document and the Special Conditions page(s) to (202) 616-5962 or (202) 353-8475. If you choose to not accept the award and ALL the special conditions, please contact your OJP program manager Naydine Fulton-Jones, at (202) 514-6661. For programmatic questions contact Naydine Fulton-Jones, at (202) 514-6661, for financial questions contact OC Customer Service at 1-800-458-0786. For questions about printing and faxing these documents, please contact the GMS Help Desk at 1-888-549-9901 option#3. Supplement Number Award Package 00 Award Document https://grants.ojp.usdoj.gov/gmsexternal/ana/anaInstructions.st 5/31/2006 . DepartIDentofJustice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washing/an. D.C. 20531 May 25, 2006 Mr. David Harden City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444-3695 Dear Mr. Harden: On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $35,432 for City of Delray Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Naydine Fulton-Jones, Program Manager at (202) 514-6661; and - Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, {).I~ Domingo S. Herraiz Director, Bureau of Justice Assistance Enclosures . Department of Justice Office of Justice Programs Office for Civil Rights Washington. D.C. 2053/ May 25, 2006 Mr. David Harden City of Del ray Beach 100 NW 1st Av Delray Beach, FL 33444-3695 Dear Mr. Harden: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OIP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. F ederallaw also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. ~ 20ood, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. These employment provisions have been specifically incorporated into 28 C.F.R. Part 38.1(f) and 38.2(f). Consequently, in many circumstances, it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on OCR's website at http://www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 V.S.C. ~ 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(I) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. ~ 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. ~~ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No.6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOPspecialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. Ifwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, ~;.~ Michael 1. Alston Director cc: Grant Manager Financial Analyst . Department of Justice Office of Justice Programs Bureau of Justice Assistance PAGE I OF 5 Grant I. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Delray Beach 300 West Atlantic Avenue Delray Beach. FL 33444-3695 4. AWARD NUMBER: 2006-DJ-BX-0896 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 10/01/2005 TO 09/30/2009 10101/2005 TO 09/30/2009 IA. GRANTEE IRSNENDOR NO. 596000315 6. A WARD DATE OS/25/2006 8. SUPPLEMENT NUMBER 00 7. ACTION Initial 9. PREVIOUS A WARD AMOUNT $0 3. PROJECT TITLE Holiday Robbery Task Force 10. AMOUNT OF THIS AWARD $ 35,432 II. TOTAL AWARD $ 35,432 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE AITACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under P.L. 109-108 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Domingo S. Herraiz Director. Bureau of Justice Assistance David Harden City Manager 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE {J./i-u 20. ACCOUNTING CLASSIFICA T10N CODES FISCAL FUND BUD. DIY. YEAR CODE ACT. OFC. REG. AGENCY USE ONLY 21. OJ06U00685 SUB. POMS AMOUNT x B OJ 80 00 00 35432 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) . Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 5 PROJECT NUMBER 2006-DJ-BX-0896 AWARD DATE OS/25/2006 SPECIAL CONDITIONS l. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements ofOMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEP A) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; c. A renovation, lease, or any proposed use ofa building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. OJP FORM 4000/2 (REV. 4-88) . Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET PAGE 3 OF 5 Grant PROJECT NUMBER 2006-DJ-BX-0896 AWARD DATE OS/25/2006 SPECIAL CONDITIONS 6. This special condition facilitates compliance with the provisions of the National Environmental Policy Act (NEPA) relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter, "meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition. The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assistance, the Drug Enforcement Administration, and the Office for Community Oriented Policing Services, prepared a Program-level Environmental Assessment (Assessment) governing meth lab operations. The Assessment describes the adverse environmental, health, and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the grantee for any OJP funded methlab operations: A. The grantee shall ensure compliance by OJP funded sub-grantees with federal, state, and local environmental, health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, equipment, and wastes resulting from those operations. B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure that the adverse environmental, health, and safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition. C. The grantee shall monitor OJP funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures must be included as special conditions in all subgrants: (See Part II of this special condition) 7. I. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement a written agreement with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory and (ii) coordinate with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined necessary by the state environmental agency and in accordance with existing state and federal requirements; and 9. Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law. at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. OJP FORM 4000/2 (REV. 4-88) . Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 5 PROJECT NUMBER 2006-DJ-BX-0896 AWARD DATE OS/25/2006 SPECIAL CONDITIONS 8. The recipient agrees to submit to BJA for review and approval any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. 9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction ofBJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 10. To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.gov/gjxdm. 11. The recipient is required to establish a trust fund account. (The trust fund mayor may not be an interest-bearing account.) The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial Status Report (SF-269). 12. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 13. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, ifOJP detennines this regulation to be applicable. Should OJP detennine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perfonn audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of28 C.F.R. Part 23 occur, the recipient may be fined as per 42 V.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 14. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income must be accounted for and used for the purposes under the conditions applicable for the use of funds under this award, including the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. part 66 or (2) 28 C.F.R part 70 and OMB Circular A-llO. Further, the use of program income must be shown on the quarterly Financial Status Report, SF269. IS. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state govemmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.usdoj.gov/ec/states.htm. 16. Grantee agrees to comply with the requirements of 28 C.F .R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. OJP FORM 4000/2 (REV. 4-88) . Department of Justice Office of Justice Programs Bureau of Justice Assistance A WARD CONTINUATION SHEET Grant PAGE 5 OF 5 PROJECT NUMBER 2006-DJ-BX-0896 AWARD DATE OS/2512006 SPECIAL CONDITIONS 17. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular, section 22.23. 18. Recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. Recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. 19. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis oflimited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov." 20. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs (BJA) has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. OJP FORM 400012 (REV. 4-88) . Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington. D.C. 20531 Memorandum To: Official Grant File From: Muriel Collins, Environmental Coordinator Subject: Incorporates NEP A Compliance in Further Developmental Stages for City of Delray Beach All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) will carry the following NEPA special condition: 1) The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a toO-year flood plain; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. . Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE I OF I 2006-DJ-BX-0896 This project is supported under P.L. 109-108 I. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Naydine Fulton-Jones Tina Lunsford (202) 514-6661 Administrative Officer 300 W. Atlantic Av Delray Beach, FL 33444-3695 (561) 243-7852 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program ON REVERSE) 4. TITLE OF PROJECT Holiday Robbery Task Fon:e 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Delray Beach 300 West Atlantic Avenue Delray Beach, FL 33444-3695 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10101/2005 TO: 09/30/2009 FROM: 10/01/2005 TO: 09/30/2009 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 35,432 OS/25/2006 II. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT IS. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistanee Grant Program (JAG) allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies. contractual support, and infonnation systems for criminal justice for anyone or more of the following purpose areas: I) law enforcement programs; 2) prosecution and court programs: 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment programs: and 6) planning, evaluation, and technology improvement programs. The City ofDelray Beach will use its JAG Funds to support the Holiday Task Force. OJP FORM 4000/2 (REV. 4-88) These funds will pay for officer overtime to reduce and deter robberies during the boliday season from November 25, 2006, through December 27, 2006. NCAlNCF AGENDA ITEM NUMBER: ~ AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: June 13, 2006 Description of agenda item (who, what, where, how much): The Police Department has received written notification of a grant award from the Edwzrl Byrne Justice Assistance Grant Program in the amount of $35,432.00. The grant will h~lp fund our Holiday Task Force Overtime ($35,432.00). ~:=ntHQ9~ ~},&__ 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: . ~ofh Approved for AgendaS> No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS ~TY MANAGER AGENDA ITEM # ~ '- - REGULAR MEETING OF JUNE 6.2006 RESOLUTION NO. 37-06 TO: SUBJECT: DATE: JUNE 2, 2006 This is before the Commission to approve Resolution No. 37-06 establishing the Unity Collaborative to address community issues relating to diverse segments of the City's population. The Unity Collaborative, a Board to address issues and problems in a timely manner and in a manner that continues dialogue on racial issues and diversity matters, is being established as Phase II of the Race Relations Initiative. Recommend approval of Resolution No. 37-06. S:\City Clerk\agcnda mcmos\CM Unity Coli Res 37-06 060606 RESOLUTION NO. 37-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ESTABLISHING THE UNITY COllABORATIVE TO ADDRESS COMMUNITY ISSUES RELATING TO DIVERSE SEGMENTS OF THE CITY OF DELRA Y BEACH POPULATION. WHEREAS, the Mayor's Race Relations Initiative commenced in 2004 in order to implement Community Unity Goals that emanated from Goal Setting that occurred in 2003; and WHEREAS, Phase I of the Race Relations Initiative included a year long dialogue on race relations issues, the establishment of a Police Advisory Board and the beginning implementation of Study Circles; and WHEREAS, Phase II is hereby commenced by establishing the Unity Collaborative which seeks to establish a Board in order to continue to improve race relations within the City of Delray Beach; and WHEREAS, the Unity Collaborative is needed in order that issues and problems can be addressed in a timely manner and in a manner that continues dialogue on racial issues and diversity matters impacting the residents of the City of Delray Beach: NOW, THEREFORE, BE IT RESOLVED 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 hereby establishes the Unity Collaborative as set forth below. 1. Establishment. The Unity Collaborative is hereby established as an advisory board of the City Commission. II. Purpose: Duties and Responsibilities. The purpose of the Unity Collaborative is to: A. Coordinate, advise and review issues of concern for continuous improvements in race relations and to embrace issues relating to other diverse segments of the City of Delray Beach. B. To provide a forum and opportunities to enhance and promote a continuing dialogue which will engender understanding and foster respect between all people who reside in the City. III. Composition and Appointment: Terms: Vacancies: Voting. A. Composition. The Unity Collaborative shall contain representative(s) from the following categories: Police Advisory Board, Study Circle Committee, Youth Initiative, Education Board, Renaissance Partnership, City Administration, Diversity Outreach, Clergy and also shall include a Chairperson to be appointed as set forth below: 1. A Chairperson to be appointed by the City Commission. 2. One representative appointed by the Police Advisory Board. 3. One representative appointed by the Study Circle Committee. 4. Two Youth Representatives - One representative appointed by the Youth Council to represent youth up to 17 years of age and one youth representative aged 18 through 24 to represent that age group to be appointed by the Unity Collaborative. 5. One representative appointed by the Education Board. 6. Two representatives from the Renaissance Partnership to focus on housing and economic development issues. 7. Two representatives to be appointed by the City Commission from the City Administration to focus on workforce and vendor issues. 8. Two or three representatives from the community to be appointed by the Unity Collaborative to represent Haitian, Latin and other diverse groups within the City. 9. One or two clergy representatives appointed by the Clergy Association of the City of Delray Beach. B. Terms: The members of the Unity Collaborative shall serve two (2) two-year terms, unless additional two year terms are authorized by a majority vote of the City Commission. The City Commission shall have the authority to remove any member of the Unity Collaborative by a super majority vote of the City Commission whenever a supermajority of the City Commission votes for such removal. 2 RESOULTION NO. 37-06 C. Vacancies: In a vacancy occurs on the Unity Collaborative, the vacancy shall be filled by selection of the group who is charged to appoint member(s) to the Unity Collaborative; provided however, if ninety (90) days shall pass from the date of the vacancy without an appointment being made, the Unity Collaborative itself shall fill the position to represent the interest designated for that seat and if the Unity Collaborative fails to appoint within thirty (30) days after the initial ninety (90) days expires, the City Commission shall appoint the representative to fill that seat from the category to be represented. D. Voting: Each member including the Chairperson shall have one vote. IV. Meetings: Rules and Regulations: Reports: Service on Other Boards. (A) Meeting Schedule: The membership shall meet quarterly or more often as needed and as called by the Chairperson. The order of business and procedure to be followed shall be as prescribed within rules and regulations to be adopted by the Unity Collaborative. (B) Sunshine Law: All meetings of the Unity Collaborative will be open to the public with notice of the meetings posted in City Hall and minutes taken. (C) Reports: The Unity Collaborative shall issue a written report within thirty (30) days after its quarterly meeting on the issues, topics and activities of the Board. The report shall be distributed to the City Commission and the City Manager. (D) Serving on Other Boards: Members of the Unity Collaborative may be members of any other City Board as the members of the Unity Collaborative are considered to be an additional duty to membership on other boards. Section 2. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the _ day of 2006. MAYOR ATTEST: City Clerk 3 RESOULTION NO. 37-06 [IT' DF DELIAY BEA[H DELRAY BEACH F l 0 I I Il A tdb:II All-America City , 'III! 1993 2001 @ Printed on Recycled Paper ~ 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000 MEMORANDUM TO: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager FROM: DATE: May 31, 2006 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 6. 2006 SPECIAL EVENT REOUEST - PALM BEACH FIESTAS P A TRONALES AND BUSINESS EXPO ACTION City Commission is requested to endorse the Palm Beach Fiestas Patrona1es and Business Expo sponsored by the Puerto RicanlHispanic Chamber of Commerce for Palm Beach proposed to be held on August 5th and 6th from 1 :00 p.m. to 11 :00 p.m. at the grounds of Old School Square. Approval is also requested for staff support for security and traffic control and the preparation of event signage. BACKGROUND Attached is a special event permit with additional information about the event, a site plan and budget received from Mr. Santos Arroyo for this proposed event. This is a fIrst time event proposed for Delray Beach although it has been held in Broward County for the past fIve (5) years and is now expanding to Palm Beach County. This will be a gated event held at Old School Square with an admission charge of $10.00. The event will include entertainment, food and beverage vendors. Alcoholic beverages will be sold. Although EMS assistance was requested our staff does not feel on-site presence is needed. The estimated overtime costs for the event is $4,500 and signage is approximately $250. Per event policies and procedures there are no charges for City services since this is a fIrst time event. We have not been able to determine if there is a newspaper sponsor for the event at this time. RECOMMENDATION Staff recommends consideration of approval of the event and staff assistance for security and signage with the following conditions: 1. Receipt of a copy of the rental agreement from Old School Square two (2) weeks before the event. 2. Receipt of a copy of the general liability and liquor liability insurance certifIcates two (2) weeks before the event. 3. Receipt of a copy of the Hold Harmless Agreement two (2) weeks before the event. 4. Receipt ofa copy of the Health Department approvals the day of the event. RAB/tas File:u:sweeney/events Doc: Agenda Item Palm Beach Fiestas Patronales and Business Expo THE EFFORT ALWAYS MATTERS 8N\ ,. . PLEASE PRINT DElRAY BEACH ~ m~ 1993 2001 It.... E:. C €'." I I~P/?? 'V'E:D , .;:.\--- -'....,.....,'" C. ">-\~',.,. . I r '. ':," 1\14,;;"\;\1 t , "k~ E:"I? City of Delray Beach Special Event Permit Application Event Approved/Denied Date of ApprovallDenial Approved/Denied by Title 1. Event NamelTitle: flJll'YJ &IUJ? /iek Pa.-k-b~e.s f tVSi 14Je.&S &rc 2. Event Date(s): A\)S~lS-': S - c., ).oDCp Event Time(s): / ;!M. -to II P.M. 3. Event Sponsor/Producer: ..fot. ~~ 4. Event Contact/Coordinator: 0 !C . 5. Address: J r. 735' B~ Ad. JJo ,,-.I-k ex.o..hf.\.-tdfU!..l. r I 3? '1'10 6. Telephone Number:5(,1- ~af-'5z.'1 Cellular Number: 9fy,- gO~- IS' G'l) 7. E-mail Address: SAA>-tos €i:) pi d)(l~ b. r' 0 AJ I I' N<L · Co ,.., 8. Event Description: y\Qps.~ SC2Q... o...~<..-k ~(:..u n-')~ . (If neighborhood block party, then please skip questions #10-35 and go to question #36) Sponsor Category: (please check) City oago;:Profit/Charitab~ Private 0 Co- Sponsor - Non-Profit/Private 0 (If Non-profit attach proof of 50 1 c(3), C(4)@C(10) or c(19)) Event Location/Address: ~ \d '5'~O()\ ~\)"rae. ';~~f'.t..,ti)tn..tJ-t' Ya.'i\ I.tllo.) ~d. '1"'0 u}.,)c14 5 N. 5\.u,,.:>-bON p..S.<HJ\oJ4L u~It"~ ~.u.~ F'l '33 'i"l'f Site plan attached: . yes X no (Site plan required for entire event site) . Event budget attached: yes X no (Required for all events) Serving or selling alcoholic beverages: yes X no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes X"PfI!' no x.. (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes ~ no (Waiver required) Requesting Police assistance: yes ~ no (Traffic control/security) 9. 10. 12. 13. 14. 15. 16. 1 17. 18. 19. 20. 21. 22. 23. 24. yes X . Will supplement with private security: (If 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 (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 C4'x4') Directional signs Banner hanging)C Indicate dates required-4.ul~ 3'. AV9\1&;; <II j )00" . (Waiver required if more than one (1) week prior to event) Food and beverage vendors: yes )I 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 no )<. lCJ ~ .v. no '7i:P k~ 25. Health Department approval: (see attached) yes no 26. Other vendors: yes )C .. no 27. Tents: yes )11 no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no )t (If yes, type and location and copy of liability insurance req uired)(A Iso, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) .\ .' 29. 30. Will the event be gated? yes .x no (Show on-site map) Will there be fireworks or other pyrotechnics? yes no ~ (If yes, contact Fire Marshall) Will there be cooking with compressed gas? yes )t no (If yes, contact Fire Marshall) Will you be providing port-a-Iets for the event? yes)( no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event? yes )'. no (If yes, indicate ticket prices) f/ J' ..../ i:W,:<~" Ch. I J<"'e7oJ UNdc.~ II "6~-r /!) \d. t:R~~. Is reserved parking requested? I . yes X no ~~A"(? (If yes, indicate locations) fDe J I P,~ C\-e~e-<to..me.~ 6>W'G~~ ~-' L~~ 31. 32. 33. 34. 2 35. Nei hborhood Block Parties Nei hborhood block arties onl . Is event sponsored by the Homeowner's Association? yes_ no-2( (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 0ne (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. ~.~. Event Contractorl oordinator Please print: S4A>.fo6. O. Ai.~o~1) """ 7.&-200<0 Date Apr.. L. 2.&. :100 b 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 On!y/. 2 Date Received '-/'1 Site map v:: Budget v'" Certificate of insurance Hold Harmless agr.eement Security plan vr Waiver alcoholic beverage Railroad approval Coast Guard approval .,- 501 c(3) or (d) certificate or letter V Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Application fee received slW. 3 , , .: .-----J -c-,! ? -. .-., -,-- I l _. \-- I ! . ' \- , II : 1 :~-- . .~ '~_.-={] 2t 'fL_. r-:\> I I, II ---C",: I ,U ,~[.. :}~ :[}-~ dl1 ~i --1 n:l !i JC1 j'=' _:_-'" :'. h '] I; I', f i i ~ ~ ; IIj I --' I,ll ~_.- I Cj, , '--) ----L-_ I.' ri !L-___ q !.l I I , 1._. ,I L-- I . 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Division of Corporations 1 Page 1 of2 Florida Non Profit THE PUERTO RICANIHISPANIC CHAMBER OF COMMERCE FOR PALM BEACH FWRIDA, INC. r---""~--""'-'-."-'-""-"--'---'-'- ._.__,__,_.,_____._,,____.~___.__._.."'_~.__"___.__._'_,...____.__.,._.__.____._.___.....""'._.___.________._.____,____.____.___,_.,,_._~__...._________"'H____'~ PRINCIPAL ADDRESS 1673588THROADN LOXAHATCHEE FL 33470 , ....___.,...._.___...._..___.._.___.____.,.__._......_..________~.__..,,___~__.,,__..._.___,.~...._.~._..___.._._._.__.,..._._,."._,_____,~__'_.,_~__ "._._'''___.__.____M___.__.~_.__.___,.__._____._._ MAILING ADDRESS 1673588THROADN LOXAHATCHEE FL 33470 SUIte FL rEI NUDlber 412190739 Statui ACTIVE Date Flied 11/1412005 Doeumeat NUDlber NOSOOOO11476 EffeetiveDate NONE 1..__..._______..__...__.._....___...____.. .. .__...,,_.,,__~_.__...___,,_.._",~._._.___.".-_____"_______________.~______.._.._._.._,.___"___~_..____.M__"_.~._.-.--.----.-----,....------.----.-.-- Re1Z;istered A1Z;ent Name & Address ARROYO. SANTOS 0 16735 ami ROAD N LOXAHATCHEE FL 33470 I Name & Address II Tide I ARROYO. SANTOS 0 D 16735 8rrH ROAD N LOXAHATCHEE FL 33470 I NIEVES. FRANK D TJ:1() MCAR11lUR PARKWAY BOlL YWOOD FL 33024 Officer/Director Detail Annual Reports Reoort Year Filed Date http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&nl =N05000011476&n2=NAMFW... 4/24/2006 Division of Corporations Page 2 of2 'I 1D06 II 0412112006 I' [ Previous Filing ] [ Return to List ] No Events No Name History Information [ Next Filing I "...__..,.....,'_._"_."_~__,,_...,,_,,_,,,.,...~_.......___.,'_'"_~",~~~,,_"...~_...,,~~,'"~, ~"'__"__~..~"'__,,.,,~,~._~.^_.._".,.,"'_"~_...__'_,""~"..,_, ,~<____~,_,._"~_..'OT_'___"._~"'_,_~.~._..,.~_~_.____.'"_~',-",----.,...- Document Images Listed below are the images available for this filing. N/210oM ANNUAL REPORT 03/23/2006 - OfflDir Resianation 11/1412005 - Domestic Non-Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.orglscripts/cordet.exe?al=DETFIL&nl=N05000011476&n2=NAMFW... 4/24/2006 [IT' DF DElRAY BEA[H DELRAY BEACH f lOR I I) A tI.ft&II All-America City , IIII!TO: 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000 MEMORANDUM 1993 2001 FROM: David T. Harden, City Manager ~rt A. Barcinski, Assistant City Manager DATE: May 31,2006 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 6,2006 SPECIAL EVENT REQUEST - ALL AMERICA DUCK DERBY ACTION City Commission is requested to consider approval of the 3rd Annual All America Duck Derby sponsored by the Sunrise Rotary Club of Delray Beach proposed for November 18th from 11 :00 a.m. to 4:00 p.m. at Veteran's Park. Commission is requested to grant a temporary use permit per LDR's Section 2.4.6(h) for the use of Veterans Park and the parking lot and to provide staff assistance for traffic control and security, and trash removal and clean up assistance. The applicant is also requesting the standard event signs and directional signs. BACK6ROUND Attached is a permit request for this event received from Betsy Owens on behalf of the Sunrise Rotary Club along with a site plan, budget, certificate of insurance, and hold harmless agreement. The event sponsor will manage the event. Staff assistance has been requested for traffic control and security, clean up, and signage. The estimated staff overtime for this event is $575 and the estimate for event signage is $250. Per event policies and procedures since the total costs is under $1,000 there are no charges for City overtime and signage. We have been advised that the Coast Guard will not grant approval until one week prior to the event. At this time the event does not have a newspaper sponsor. RECOMMENDATION Staff recommends consideration of approval of the event, the temporary use permit for Veterans Park and the parking lot, staff assistance as requested and the event signage request to be installed no earlier than November 11 th with the following conditions: 1. Receipt of the Coast Guard approval one week before the event. RAB/tas File:u:sweeney/events Doc: Agenda All America Duck Derby 2006 @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~N --1 City of Delray Beach Special Event Pennit Application i1 '1111. 1993 . .~OOl I tuCtc: ~f.sy~~ Everrt Time(s): <6 l~ ...It c...e I' -.( ~Ve/1ll- ."', ,'I PLEASE PRINT I ever.t Approved/Denied Date of Approval/Denial I Approved/Denied by Title h \ 1_ Event Nameliitle: ~ l, L. ~l( ~ 2. Event Date(s): NO" . \ ~ 3. 4. 5. 6- 7. 8. 9. (If nelghbomood block party, then please skip questions #1o.3!S and go to question tuG) Sponsor Category: (please check) City 0 Non.ProfttlCharitable t(.Private CI Co- Sponsor - Non-Proftt!prlvate 0 f" Non..pro"t ,""ch pI'OOf 0' 501c(3). cf4'. c(1S). R(10) 2t c(19)) Event Location/Address: Ve-t~it t. ~ 10. x no 12. Site pia" aiiiChed: (S'te phln roqult9d to,. enffnt ..~nf $118) Event budget attached: (Requited tor all events) Serving or selling alcoholic beverages: ~es no X. (N yws. copy of flcens. and e/c:ohol lI.blllty Insuntnce 1"fX1ulred'two (2) \Web ""or to event) Event certificate of insurance attached: yes)( no (ReqUired two (2) weeb priM to event naming ff1e City as additional Insured. also required for V9f1dors) Playtng or ampliffed music: (W.'ver requIred) Requesting Police assistance: (Traffic contrallaecurlty) yes yes x "0 13. 14. 15. yes X 'X 16. yes . no no_~ 1 ...... .. . A ~.".... I ~ II'!!_I ~CI17IA~!QC j'H N01V~ VJOS-WOJ~ 81:21 BOOl-BO-90 yes__ no X- X ~ 17. Will supplement with private security: (If yes, nNd plan attached) ReC1uestlng Emergency Medical assistance: yes Requesting barricade assistance : yes Requesting trash removal/clean up assistance: yes3=: Requesting trash boxes and liners: yes Requesting stage use: yes (If yes! check type) Large stage covered t:I Larg. stag. no cover tl Small stage 0 Half small stag. CI Requesting sisnalge : yes X no Type: Event sign C4'x..) DlrectionalalgnB ~" l Banner hanging Indicate dates requlted__ II" t _ ---.. (Waiver required H more than one (1) week prior to event) r:ood and beverage vendors: yes)( no If yes. please provide the approximate number, as well as the name. address. and contact phone number of Ach vendor which Is due no later than one week prior to the event ~ ~ 'NFoRtIlBll 0 N ('OM IN6 IN FUTIJ r- E gD2et:>O 18. 19. 20. 21 22. no no no no 1"10 23. 24. 25. 26- 27. Health Dep;lrtment apprOV31: (see attsc:t1ed) yes no Other vendors: yes no 4 Tents: yes X no (If yes. tent permIts and fitv Inspections maybe needed' Will the event include amusement rides? requiril1g state approval? v yes no " (If yMJ type and loc.flon and COpy of Ilsblllty Insurance requlred)(Also, please provide the name. address and confat:f phone number for each amusement provider along with copies of theIr liability Insurance) 28. 29. Will the event be gElled? yes no )( (Show on-sltu map) X 30. Will there be fireworks or other pytotechnics? yes no (II yu, conflICt Fire Marshall) X 31. Will there be cooking with compressed gas? yes no (H yes. contact Fire Mtlrsh"1) X 32 Will you be providing port-a.lets for the event? yes no (If yes, locate on-site map. If no, Indicate how you will handfe rNfroom needs) X 33. Will there be a charge for the event? yes no (If yes, IndIcate tlr:ket Prices) X 34. Is reserved parking r~uested? yes no (H yes, Ind/ctlrQ locations) 2 "G_J eln/~n~'~ QIC-I Ml~l85l9g '1H NOlV~ Vj09-WOJ, 81:21 900l-eO-gO 35 Neighborhood Block Parties fflelghbomood block parffes only) 'N A ~ Is event sponsored by the Homeowner's Assoclation? yes no I (1' not. then lndlvldual(s) submItting permit application must also submit a petition signed by 51% 0' the homeowners who live on the block) I I · Please hote the following: 1) Approvals will only be given for a one (1) I I block area 2) Permit 8l'pllcatlons must be received in writing by the City ! Manager's office at least thirty (30) days prior to the elJent.3) I I Consumption or sale of alcohol on City r1ghtsoo()f~way will hot be I)emlitted.4) structures other than barricades are not allowed in City tights-of-way,5) Homeowners Association will be required to pay all overtime costs that may be il"lCurfed as a result of City staff involved In the ~~ ~ ~j /O/O~ Date ' Ev nt cantrae~COOrdlnat~'/ 0 Please print: l(Ji-NCE~ r. tJE/V Please enclose the 2IPurortiate non-refundable application fee PElyable to the City of Delray Beach, 100 N.W. 1$ Avenue. Del,.ay Beach, Florida 33444. For Staff Use On/&.. Date Received 0 Site map ~ Bucklet V l' Certlr.cate of insurance ~ --~ Hold Harmless agreement .,...... Security plan . Waiver alcotlolic beverage_ Railroad appl'Oval Coast Guard approval .- 1 50 1 c(3) or Cd) certificate or letter V Health Department approval ~Ire Inspector approval Police Del'artment approve I Public Works approval [I Parks and Recreation approval City Commission aPDroval Application fee received $/ C{). 0J:2 I I __J 3 lZ8-, SIO/~OO'd SIS-l eSI~leel9S ~'H NOl~~ VJQ9-WOJd SI:ZI 900l-eO-SO ....... Site Map Legend All American Duck Derby November 18, 2006 # 1 Drop Zone for Ducks #2 Finish Line #3 Vendor Booths (approximate 50 vendors) #4 Computer Room (Inside of Civic Center) #5 Staging Area (Gazebo) ROTARY CLUB OF DELRAY BEACH, SUNRISE FOUNDATION, INC. Third Annual All America Duck Derby 2006 Budgeted Revenue and Expenses BUDGETED REVENUES: Duck Sales & Sponsorships BUDGETED EXPENSES: Game (3 payments ~ $4,333.33) SCA (Insurance I Million Dollar Duck) Games Conference Delray Affair Registration Fee Renaissance Festival Registration Fee Duck Costume Rental Game Expenses (including Ducks, Pins and other merchandise) Individuals out-of pocket costs (postage, stationary, city) banners, printing, etc.) Commissions paid to Organizations which sold ducks Contingency Expense TOTAL NET PROFIT (LOSS) $45,000 $13,000 2,500 420 170 50 300 2,500 3,000 2,175 885 $25,000 $20,000 A.C.ORD.. CERTIFICATE OF LIABILITY lNSUItANcE DA T!: 519'2006 P"ObUGE~ _ I:G_telluullbal allAf'Dl Cl" 1If_""'tICIl~" allD ~ />.on Rf8Ic ~l!rvit;e!l. 111(; d Il'otlc1.s Ole _~ ttIlC.-.cul;-.- _ ~CWft'IOI'1t - NOt' loa Eas' RIl~ aMEMD.~O""'-tl!IttM!--- a__...._~"._. 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OlSE.ASEV " w,. de~~ l,.,a,r 6"~c.lAl "IlOVI!I()Nll ~()"EE lleIew ~~EAS!:~ltGY INIT 01l111l111 I I I Di9C1ll"1'1QIf O~ ~tUllONS"'OCA~~LEMllCLUSIONS ,IlIllD Irf ENOOI'Rlil;.".JSIO SIONS TII1! eelt~ hQIde.,!lI.....Iuck!d lIS f.dd/Hohllllllllll'Cld ~I'O lQClUlred by wr1tien lXlMtr.ld ClI' lle""'~. !IUb)ed \0 the terms ,"\l oondlllcn8 Of lI'V GOl1Ortll~b"ot,I pollet' but only tl'J thl! @~ll"t txJdlly InjUty or DIODe'tY c1!lmBge Is CllU9l!d on wI'lQIe or III ll!Irt by ~ sets or ornlss1o"S 0' lh@ ,nIUM. c.,",CIC4~ IlOUlEIl c;A"C!UJo~ City of fJelr<lY Beach ! i S140UUJ APtlY o~ tHE Alove oESClllllEO 100l.lClES BE CANCilLIiiO B&~ nE UPlIl/lT1ON DATE T\4EREOF. "T'E 166U'NG c~",,,y r..ttn: 'tracy SWEeney WILL t:"'be.AVQIl 1'0 1ol..IL :Ill 00.'1'$ IMoml!N OIO""CIi TO "1oIIi 10 l'JW lst Avenue cER~ICA'TlIIOlDE'" NA~EO TO n1E lE"T 11,,1" ~AILUlot! 'TO 00 so SIl.Al.L It,OlIQst iIO 08LI(;A'T1ON OQ LIAll'~ltv at "w klNlJ UIllOIol TI-I!! Oelray Beach, rL 33444 USA COM"o\HY. ITS "'GENTS OR "E""ii;;iN"TA'TM!S ; ...ImiOJIIZ!.D It!""'SI!N"'A'I'IVI!! A 0If Ia!tr:k .~Cd!h '-'c 'tr '"~ .cOlltl 211 IZClO1Ii11) ltI ACOftD COftPOR""ON 1188 lZB-~ SlO/ZIO'd BlS-l eSlvlsel9S j'H N01~~ VjQS-WOJ~ tz:ll 900l-eo-so , .. , HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this ~ day of mfJV , 200Jp.,y and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITY") and RoTARY eLUB OF ])ELK-RVJ&/CI-I SUN((IS~ (hereinafter referred to as "EVENT SPONSOR"). WIT N E SSE T H: WHEREAS, EVENT SPONSOR seeks to hold a special event known as /HI R..7;; A-NNlJRL fiLL AmEIlICADvcK.})EI2BY to be held on NOVEmffEI<.)8 ;J.oo/p I (hereinafter referred to as the "Event"); and WHEREAS, the Event will be held within the City limits of Delray Beach; and WHEREAS, the City Commission has determined that such an Event promotes the public's health, safety and welfare. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Indemnification. EVENT SPONSOR, for good and valuable consideration, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT SPONSOR, its agents, employees, assigns or contractors, in relation to the Event. J 3. Insurance. EVENT SPONSOR shall obtain insurance covering the Event in the amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. 4. Governin2 laws: venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. 5. Bindin2 Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 6. Entire A2reement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between theparties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 7. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 8. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 2 " IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRA Y BEACH, FLORIDA, a Florida municipal corporation By: By: City Clerk Jeff Perlman, Mayor Approved as to Form: By: City Attorney WITNESSES: ~.~ (print or mr name) ) ~ (print 0 Vjpe.- ) EVENT SPONSOR By:4-~/~ I FI2nNCE5 II. !)wEN (print or type name) (SEAL) STATEOFFLO COUNTY OF ctJv ~Il The foregoing instrument was acknowledged before me this JL day of I T \~ , 200.&W PMJJCeS Vi ''iJ 0 rve AJ (name oJ~Jf~ or agent, title of office~ent) of kt:. -, /x1v~-lname of corporation acknowledging), a (state 0 place of in orporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced PI- J)L it; 0 500-d.-S)( ..YI..~/-o (type of identification) as identification and did (did not) take ano~. a1~ - ignature of Notary Public- State of Florida ~ ~Yflt1... ) t ~ GERALDINE BAUER · "-.." MY COMMISSION # DO 267404 "tClFt\G EXPIRES: November 16, 2007 l~TARY Fl Nolary Discount Assoc. Co, 3 Initials EXHIBIT A INSURANCE REQUIREMENTS OF THE CITY OF DELRA Y BEACH EVENT SPONSOR 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 insurance coverage shall be required. A. Worker's Compensation Insurance, as required by law, covering all employees and providing benefits as set forth in Chapter 440, Florida Statutes and including Employers Liability coverage, regardless of the size of your firm. EVENT SPONSOR further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury,. and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. . . ~ . I ~ '.. ; The insurance will be written pn. an occurrence basis with the limits of liability not less than $1,000,000.00 combined single limit per occurrence, and as an annual aggregate, coverj.pg bodily injury, property damage and personal injury. , "._i . C. Motor Vehicle Liability Ins~rance covering all vehicles associated with the Licensee's operations to include al.1 owned, non-owned and hired vehicles. ',", .j. The coverage will be .\\Tl'itten on an occurrence basis with limits of liability not less than $1 ,OOO,OOO.O~. combined single limit per each occurrence. \ ,..:0. .', ,.. D. The certification ~rproof of ins~rance must contain a provision for notification to the City thirty (30) days in a9vance of any material change in coverage, non- renewal or cancellation. EVENT SPONSOR shall fumi~l1,tQthe<:ity, Certificate(s ~f Insurance evidencing insurance required by the provisions set forth above,01'l FILE SJ I ~ays prior to the holding of the event. If so requested by ~e City, certified copies of insurance policies will be provided by EVENT SPONSOR If any of the above coverages expire during the term of this agreement, EVENT SPONSOR will provide a renewal certif).cate at least ten (10) days prior to expiration. . . Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. lit Avenue, Delray Beach, Florida 33444 with a copy to Assistant City Man~ger? 100 N.W. lit Avenue, Delray Beach, Florida 33444 Insurance prov Sp Event FORM.agt . ',' '~.. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # cg- 0 - REGULAR MEETING OF JUNE 6. 2006 SERVICE AUTHORIZATION NO. 3.t/WALTERS ZACKRIAASSOCIATES DATE: JUNE 2, 2006 This is before the Commission to approve Service Authorization No. 3.1 to Walters Zackria Associates in the amount of $515,000.00 for design development and construction documents for the Western Senior/Community Center Project. Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Parks & Recreation/Western/Senior Center). Recommend approval of Service Authorization No. 3.1 to Walters Zackria Associates in the amount of $515,000.00 for design development and construction documents for the Western Senior/Community Center Project. S: \City Clerk \agenda memos \SA 3.1 Western Sr Comm Ctr Walters Zachria 060606 frJ!Y +www.MyDelrayBeach.com City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M TO: David T. Harden FROM: Jill Skaggs ~ DATE: June 1,2006 SUBJECT: Western Community Center Service Authorization # 3.1 Walters Zackria Associates Project #2004-047 The attached Service Authorization Number 3.1 with Walters Zackria Associates is for design development and construction documents for the Western Senior and Community Center. Scope of services include a traffic study, soils report, design drawings, bid documents, site permitting and limited (optional) construction administration. Total cost of this service authorization is $515,000.00 which includes $15,000.00 for reimbursable expenses. The optional services listed will require subsequent Commission approval. Funding is available in account # 380-4150-572-62.58 The attached map shows the location of the site. Please place this service authorization on the June 6, 2006 Commission agenda. Thanks! Ene Ce Richard Hasko, P.E., Director of Environmental Services Randal Krejcarek. P.E., City Engineer Joe Weldon, Dir. Of Parks & Recreation Joe Safford, Finance Director Carolanne Kucmerowski Agenda File, June 6, 2006 Project File, 2004-047(E) S.'\EngAdmin\Projects\2004\2004-047\OFFICIAL\2006june 6 agenda memo a.doc Service Authorization No. 3.1 to the Agreement to Furnish Professional Services Dated February 14,2005, Between the City of Delray Beach, Florida and Walters Zackria Associates City P.O. Number: City Project Number: Title: Western Senior and Community Center Construction Document and Permitting Services Category of Work: Professional Architectural Services General This SERVICE AUTHORIZATION shall include the professional service agreement referenced above and shall become part of that AGREEMENT as if written there in full. Introduction This Service Authorization will authorize Walters Zackria Associates to provide professional Architectural/Engineering consulting services for Western Senior and Community Center. Services shall include: The scope of work for this project shall consist of Design Development and Construction Documents for a new + / - 32,500sf community center with +/-7,000 exterior covered areas in accordance with schematic design drawings developed in the previous phase. Scope of Services Task 1 - Traffic Study WZA will hire a traffic engineering firm to perform a traffic study to determine if any improvements are required in the right-of-way. Based on the result of the traffic study and determination made by Palm Beach County Traffic Engineering Division, improvement to the right-of-way will be designed and permitted, if required, under Task 13 of this proposal. Task 2 - Geotechnical Engineering I Testing WZA will hire a Geotechnical engineering and testing firm to perform a soil analysis to determine the existing site conditions. DFB/981040007ISET561.DOC Task 3 - Design Development Document Services WZA will provide building design development documents to include Architectural, Structural, Mechanical, Electrical, Plumbing, Fire Protection systems design. Architectural scope of work will include refining the schematic design based on program. updates. Building construction systems will be selected and coordinated with other disciplines. Structural engineering scope of work shall include a foundation, wall and roof design for a new building. Foundation design shall be based on 2500 PSF soil conditions. The building shall be at grade, which will be coordinated with the existing site conditions and FEMA flood elevations. Landscape Architecture scope of work shall include irrigation system design for the entire site. Irrigation plans will be provided. Landscape plan, which was produced in the previous phase for site plan review, will be updated. Civil engineering scope of work will include updating the design for water service, sewer collection and disposal, storm water drainage, pavement, signage, and striping produced in the previous phase for site plan review. Civil engineering scope of work will include coordination of all services to the building with the MEP engineers. Civil engineer will design and permit any right-of-way improvements required under Task 13. Electrical Engineering scope of work shall include electrical service to the buildings via new feed from Florida Power and Light. Building power and lighting design will be provided. Site lighting will be provided via building mounted and pole mounted lights. The plumbing scope of work shall consist of water supply and sanitary plumbing to the new community center. The fire protection scope of work shall consist of a design for an automatic fire suppression system the new community center. Tasks 4.1, 4.2, 4.4 - Construction Document Services Once the Design Development submittal is reviewed and approved by City staff, WZA will proceed with construction documents. Architectural plans, details, and schedules will be completed. Mechanical, Electrical, Plumbing, and Fire Protection Engineering will be completed. Coordination with site engineering and landscape will be completed. Bid specifications will be provided. WZA will attend a pre-qualification conference for prospective CONTRACTORS. WZA will assist the CITY in providing clarifications and interpretations of construction plans by the selected Construction Manager. WZA will conform the drawings and specifications to address the comments and approved value engineering recommendations of the selected Construction Manager as directed by the City staff. The final conformed documents shall make up the Construction Contract Documents. DELRAYISA3_WESTERN_COMMUNITY _CENTER DOC WZA will schedule design review meetings with selected Construction Manager and the City at Design Development, Construction Document 60%, and Construction Document 90%. Task 4.3 -Interior Design Services WZA will provide owner with material and color selections for the building interior. WZA will modify and adjust the selections based on Owner comments. Task 5 - Site Permitting Civil engineering permitting services shall include SFWMD, Palm Beach County Health Department, Delray Beach Engineering, and Palm Beach County Environmental Section. Permitting from Palm Beach County Traffic Engineering Section will be under Task 13. Irrigation permitting services shall include SFWMD irrigation water use permit. Task 6 - Building Permitting Walters Zackria Associates will submit permit applications to the City's Building Department and address any comments. Task 7 - Subcontractor Bidding Walters Zackria Associates will assist the City and the Construction Manager with project procurement. We will address RFI's and issue addenda, as required. Task 8 . Construction Cost Estimate Walters Zackria Associates will provide the City with a construction cost estimate for the proposed development. Task 9 . Shop Drawing Review During the construction phase of the project, WZA will provide reasonable and in-house shop drawing review for the CITY and awarded contractor / construction manager. Construction administration services required to complete the project as defined in the A.LA. B141, shall be included in Task 10 of this service authorization. Task 10. Construction Administration During the construction phase of the project, WZA shall provide reasonable construction administration services for the CITY and awarded contractor. WZA will provide RFI, request for information review. Limited construction administration services shall include (4) on-site meetings per month with the general contractor, the subcontractors, and owner's representative. WZA will review the construction progress on a weekly basis, review and approve payment applications, review change order requests, provide meeting agenda and meeting minutes, review actual progress with construction schedule, and make any decisions required to clarify the construction documents. Construction administration services are for a construction period not to exceed 300 days by a construction manager. DELRA YISA3_ WESTERN_ COMMU NITY _CENTER.DOC 3 Task 11 - Civil and Structural Inspection Services During the construction phase of the project, WZA shall provide civil engineering and structural threshold inspections required by the City's Building Department and various permitting agencies. These civil engineering inspections shall include utilities systems (water, sewer, storm drainage) installation, parking and retention preparation, sub-base, stabilizer rock, and asphalt. A final certification shall be provided to each agency. The structural threshold and tilt-up concrete inspections shall include inspections of the building foundations, concrete walls, slab, trusses, welding for decking and steel roof joists. A final certification shall be provided to the City's Building Department. Task 12 - Post Construction Services Upon request from the CITY to begin Post-Construction Phase Services, WZA shall visit the project to observe any apparent defects or adjustments in the work, assist the CITY in consultations and discussions with CONTRACTOR concerning correction of any defects, and make recommendations as to replacement or correction of the work, if required. Task 13 - Right-of-Way Traffic Improvement Design and Permitting Services Upon request from the CITY, WZA shall provide design services for any turn lanes or concurrency improvements required either by the City of Delray Beach or Palm Beach County Traffic Engineering Division. Once the designs are completed, WZA will prepare a submittal for traffic engineering permit and address any comments related to that permit. DELRA Y ISA3_WESTERN_ COMMUNITY _ CENTER.DOC 4 Schedule Walters Zackria Associates will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Service Authorization from the CITY, which will serve as the notice to proceed. All major outstanding site design issues must be resolved no later than July 1, 2006 to proceed with the proposed schedule. Any delays past that date will result in a modified schedule. The following summarizes the proposed schedule. Task Time of Completion (from date of notice to proceed [NTPJ) Start Finish Task 1 - Traffic Study June 19,2006 July 15, 2006 Task 2 - Soil Testing June 19,2006 July 15, 2006 Task 3 - Design Development Documents July 16, 2006 August 15,2006 Owner Review and Comment August 16,2006 August30,2006 Task 4.1 - Construction Documents - 60 % September 1, 2006 October 15, 2006 Owner Review and Comment October 16, 2006 October 31, 2006 Task 4.2 - Construction Documents - 90 % November 1, 2006 November 30, 2006 Task 4.3 - Interior Design November 1, 2006 November 30, 2006 Owner Review and Comment December 1, 2006 December 15, 2006 -- Task 4.4 - Construction Documents -100 % December 16, 2006 January 15, 2007 Task 5 . Site Permitting January 15, 2007 March 15, 2007 Task 6 . Building Permitting January 15, 2007 March 15, 2007 Task 7 - Subcontractor Bidding (by C.M.) January 15, 2007 March 15, 2007 Task 8 . Construction Cost Estimate January 15, 2007 January 31,2007 Task 9 - Shop Drawing Review April 1, 2007 January 31,2008 Task 10 - Construction Administration Services April 1, 2007 January 31,2008 Task 11 - Civil/Structural Engineering Inspections April 1, 2007 January 31, 2008 Task 12 . Post-Construction Services January 31, 2008 January 31, 2009 Task 13 . Right of Way Traffic Improvement September 1, 2006 March 15,2007 Design and Permitting Services DELRAY/SA3_WESTERN_COMMUNITY _CENTER DOC Compensation to the CONSULTANT Compensation for professional consulting Architectural services as described herein is estimated at $500,000.00. Total compensation for Tasks 1 to 4 and 8 shall be on a lump sum basis in accordance with Article VII.A.1 of the AGREEMENT. Tasks 5, 6, 7 and 9 will be performed on a time and materials basis, with a cost not to exceed $48,000. If requested by the City, Tasks 10, 11, 12 and 13 shall be on a lump sum basis in accordance with Article VI1.A.l of the AGREEMENT, with a cost not to exceed $48,000. The fee breakdown for Tasks 1 to 13 is as follows: Fee Breakdown by Task: Task 1 - Traffic Study Task 2 - Soil Testing Task 3 - Design Development Document Services Task 4.1 - Construction Document Services 60% Task 4.2 - Construction Document Services 90% Task 4.3 - Interior Design Services Task 4.4 - Construction Document Services 100% Task 5 - Civil Engineering Permit Submittal jComments (Hourly NTE) Task 6 - Building Permit Submittal and Comments (Hourly NTE) Task 7 - Subcontractor Bidding Assistance Services (Hourly NTE) Task 8 - Construction Cost Estimate Services Task 9 - Shop Drawing Review Services (Hourly NTE) Basic Services Total Optional Services, if approved by the City: Task 10 - Construction Administration Services Task 11 - Civil/Structural Engineering Inspection Services Task 12 - Post-Construction Services Task 13 - Right of Way Traffic Improvements and Permitting Optional Services Total Fee Breakdown by Service Category: Preliminary Design Services (Tasks 1,2) (Lump Sum) Basic Design Services - Items 3, 4.1, 4.2, 4.4,8 (lump sum) Supplemental Design Services - Items 4.3 (lump sum) Permitting Services - Items 5, 6 (Hourly NTE) Preconstruction Services (Tasks 7,9) (Hourly NTE) Reimbursable Budget (NTE) $ 12,000.00 $410,000.00 $ 30,000.00 $ 23,000.00 $ 25,000.00 $ 15,000.00 Optional Services, if approved by the City: Construction and Post Construction Services (Tasks la, 11, 12, 13)$ 150,000.00 DELRA Y ISA3_ WESTERN_COMMUNITY _CENTER.DOC $ 6,000.00 $ 6,000.00 $ 105,000.00 $ 180,000.00 $ 90,000.00 $ 30,000.00 $ 30,000.00 $ 15,000.00 $ 8,000.00 $ 5,000.00 $ 5,000.00 $ 20,000.00 $ 500,000.00 $ 90,000.00 $ 20,000.00 $ 10,000.00 $ 30,000.00 $ 150,000.00 6 This service authorization is approved contingent upon the CITY's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. A pproved by: CITY OF DELRA Y BEACH: Walters Zackria Associates (Corporate Seal) Date: Robert S. Walters, AlA Principal Architect (date) Jeff Perlman, Mayor Witness Witness STATE OF FLORIDA COUNTY OF BROW ARD Attest: A pproved as to Legal Sufficiency and Form The foregoing instrument was acknowledged before me this _ day of May, 2006, by Robert S. Walters, Principal Architect, Walters Zackria Associates, PLLC, a Florida corporation, on behalf of the corporation. He is personally known to me and (did/ did not) take an oath. Notary Public State of Florida (Seal) DELRA YISA3_ WESTERN_COMMUNITY _CENTER DOC Date: May 23. 2006 AGENDA ITEM NUMBER: ~Q. o AGENDA REQUEST Request to be placed on: -X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: June 6. 2006 Description of Agenda Item (who, what, where, how much): This agenda request is for approval of Service Authorization Number 3.1 with Walters Zackria Associates is for design development and construction documents for the Western Senior and Community Center. Scope of services include a traffic study, soils report, design drawings, bid documents, site permitting and limited (optional) construction administration. Total cost ofthis service authorization is $515,000.00 which includes $15,000.00 for reimbursable expenses. The optional services listed will require subsequent Commission approval. Funding is available in account # 380-4150-572-62.58 Department Head Signature: C--/-OL} City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: @O Initials: (j;;( Account Number 3~() ....1-1 ~'1) ~ ~7 2.0 2 -,j Y Description C;e-t1 / '6 Y / uJ .i s>krl1 (lrm< fX ffy. Account Balance: !/. / 8- to 3, 3<j ~\ 8V . ./ Funding Alternatives: (if applicable) City Manager Review: t71P Approved for Agenda:@No Initials: Hold Until: Agenda Coordinator Review: Received: S :\EngAdmin \Projects \2004\2004-04 7\OFFICIAL \2006 june 6 agenda a.doc MEMORANDUM TO: FROM: MAYOR AND CITI COMMISSIONERS ?~ITI MANAGER SUBJECT: AGENDA ITEM # ~f - REGULAR MEETING OF JUNE 6. 2006 CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENT /ROSSO PAVING AND DRAINAGE. INC. DATE: JUNE 2, 2006 This is before the Commission to approve Change Order No. 1 (Contract Closeout) in the net deduct amount of $88,424.13 and final payment in the amount of $148,725.23 to Rosso Paving and Drainage, Inc. for completion of the Catherine Strong Park Project. Funding is available from 380-4150-572-62.59 (2004 G.O. Bond/Catherine Strong Center). Recommend approval of Change Order No.1 (Contract Closeout) in the amount of an $88,424.13 decrease and final payment in the amount of $148,725.23 to Rosso Paving and Drainage, Inc. for completion of the Catherine Strong Park Project. S:/City Clerk/agenda cover memos/CO 1 Final Rosso Catherine Strong Park 060606 City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com SUBJECT: DAVID T. HARDEN, City Manager Bob Diaz, Construction Mana~ CATHERINE STRONG CENTER (PIN 2003-006) Agenda Request; Change Order #l/Final and Final Payment TO: FROM: DATE: MAY 30, 2006 Attached is an Agenda Request for City Commission to approve closeout Change Order #l/Final in the net Deduct amount of (-$88,424.13) and final payment in the amount of$148,725.23 to Rosso Paving & Drainage, Inc. for having completed the construction of the Catherine Strong Park. This change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule A to Change Order #l/Final. The project is complete and all closeout documentation received. Staff recommends City Commission approve Change Order #l/Final in the Deduct amount of (-$88,424.13) and final payment in the amount of$148,725.23 to Rosso Paving & Drainage, Inc., for completion ofthe Catherine Strong Park. Residual funds to be liquidated from P.O. # 628471, account 380-4150-572-62.59,2004 G.O. Bond. A Contractor Evaluation is also attached. Please place this item on the June 6, 2006 Commission meeting. cc: Richard Hasko: Director of ESD Rafael Ballestero; Dep. Director of Construction, ESD City Clerk's Office Agenda File 06/06/06 File 2003-006(A) S:\EngAdmin\Projects\2003\2003-006\OFFICIAL\Rosso Const Agd mem CO#I Fin GC 06.06.06.doc CHANGE NO. PROJECT TITLE: 1 / Final CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT PROJECT NO. 03-006 DATE: Catherine Strong Center TO CONTRACTOR: Rosso Paving & Drainage, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICA TION: Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER - 4.46% TOTAL PER CENT DECREASE TO DATE - 4.46% $1,980,621.90 $ 0.00 $1,980,621.90 $ (-88,424.13) $1,892,197.80 CER TIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Rosso Paving & Drainage, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from accounts: 380-4150-572-62.59 (-$88,424.13) DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor APPROVED: ATTEST: By: City Attorney City Clerk S:\EngAdmin\Projects\2003\2003-006\OFFICIAL\Rosso CO#I Fin GC 06.06.06.doc ITEM DESCRIPTION 'liO. UNIT 1 'vlobilization LS Phase I T emus Center 2 T~nnis Posts and Nets SET 3 T~nnis Couri SF ~ I 0' Fen~s LF 5 I O' I'ed~.strian Gate EA (, 4' Fen~e LF 7 4' Ped~strian Gat~ EA X Spol1s I .ight Fixture Assembly EA ') I .andsca ping LS 10 Clear & Grubb LS l)emolitiol1 11 rerimet~r Fen~e LS 12 Boys & Girls Building LS n Asphalt Paving; Incl. Entrance Drive LS 14 Underground Ctlities LS 15.0 Mis~. above grnd structures, signs, poles, LS 15.1 Ckar & Grubb ( Area not included Phs I) LS Water & Sanitary Sewer 1 (, 1-12" Wtr 'vItI' Box Assmbly EA 17 2-1/2" Wtr '.1tr Box Assmblv EA IX I-I 2" Wtr S~rv Connection EA 1 ') X" xX" Tapping Slv & Valve EA 20 X" (iak Valve EA 21 I'r~ssur~ R~du~er Vavle EA 12 1" Wlr S~rv Line LF D I-I '2" \\'tr S~rv. Lin~ LF 24 J" rvc C')OO Wtr Mn LF 25 4" I'VC C')OO Wtr Mn LF 2() X" rvc C')OO Wtr Mn LF 27 Fir~ Hydr<mt Assmbly EA 2X Trench Restoration LF 29 6" Sanitary Sewer Lateral LF 30 Clean Outs EA 31 6" Plug EA Stonn Water, Gradin~, Pavin~, Markings no Asphalt Parking Lot & Entrance Rd SY 32.1 {lem Oele/ed N/A n . \sphalt Trails SY 14 (\l11lT~t~ 1)- Cu rb LF 15 P('riln~h:r FctH;~ LF 1(, Cirading & MD\'ing Materials On Site LS .17 Wbeel Slops EA 1X Striping LS 1<) Cakh l3asins EA -lO 4" Concr~k (sid~walks) SF .11 Signs EA 42 Double Swing Gate @ Entrance EA Catherine Strong Park PIN 2003.006 Catherine Strong Park PIN 2003-006 Schedule A Rosso Paving & Drainage, Inc. Contract Award Contract to Date EST. Qn'. EXTENDED UNIT PRICE TOTAL PRICE ACT. Qn'. UNIT PRICE EXTENDED TOTAL PRICE 1 ::::::TI;~:!:q:QQ:: ::::::1~;~1~:9:q::::I::QQ:=:: :::::1~~~Q:Q!!': ::=:=::1~~~Q:QQ:: '"''''''''2''''''''''''' "....-.1:275':mr" --''--''--::f331rXf<r"".2---"- --m"T;Z73:00"" .-"-"---Z;5'3'O:OU'. n;64U"" ..-"-"-m"-r:&O"- -m"4&'Oj2":OTj""r3;044- m....-.."..".3:&U''' -,,-..m-4'9';3'67:20-" :3f.9:: ":=::::=::~:~f~r :::::I~:~Ergg: ml'~EE::::t{::::::::~t:!:~g:::::{}:}: ."S()2:0C/: .........1'24" """m"m"""20~Zr "---..TsTi"."QO" "150" --"""m"."""ZO:2S"" "mm"""\037:50"" ......... r" ...... .. "mmm"Joo~oo-- .----"m""soo"."QO" ...... 'r' --mmm5oo:00"" ""......-"""".500:00"" ..............+:... .... .. nm~_.7:'i75])O-- ------29~TolrT)-(r ._..........,~1" ...n.. .. --------7:275~O(r ..nn-nI9;rOC):Oon . ')'" .." "mm"9~T50~00-- ......."9)SO"."QO" 1:'00' ".".""""9"J50:00-" "m""""".9"J50:00"" .... .. ...r.............. ~~~~~~I~~~Q~Q~~~QQ~~ :~:::I~~gQQ:.:Q:~: OM ....C9..9_:~:~ :=:::!:~~9.QQ~QQ:: :::::::::I~;.9.QQ~QQ:: -n-n--2:Ts-c[ocr- ---m--2~r50]YO- .......-r60......... -------2;rsc):olf -n---------2;rsc):o1Y- ::::::1I@:9.:QQ:: :::=:~I;QQQ~:9:Q:::@9:::: :=:3I;QQQ:QQ:: ::::::::::-n:;QQQ:QQ:: 19,500.00 19,500.00 1.00 19,500.00 19,500.00 ::::::::~~g:~:g~~~:: ::::::::~:gg:~::~g::T~g::: ::::=::~~~~~~~g:: ::::::::::::~~~~~~g:: ::::::7.:CQ:Q:~~9.Q:: ::::::~:CQQ:Q:.:9:9:: ........1. 06::::':::::: ::::::~I~QQQ~QQ:: ::::::::::~I~9.QQ~QQ:: 'i'" ------""l"4S"0."fjQ"" ""m""T4sIf.oo""I'" ""----""(450:00"" m"m-""T:45(i:OO-" 'j" :::::::J;J~:Q:QQ:: :::::::);2~f9.Q: .....:i .............. ""....""5:7Z0:00"" m.mm"5:7Z0:00"- "j 704.00 704.00 r' ....."---""704:00"" m.....--".---704:00"- j" --"""m2~6"6"2."00"" """""'z;/,6I."00""r ... """.""""Z:662:OO-" .m--.".--"Z:662:00"- 'j' .:::: :::::::::C1:WQQ:: :::::::::D~:9~:9.Q: ...:j'" mm""(36(>":00" """-m"""T:36(i:00"" "j' 5,515.00 5,515.001' mm""5:515:oo-------"."."""5:515:00"" ........."6"fo ......... ...-------------4:65-- -------~2:8J6~.J(r "'M "~"7(f"" .~~--~~~~--.--~~r65-- ~u_.m_~~i:650:50n ..........fs.cf ::::::: ~::::::::=::IQ~QQ:: ::::::::I~~QQ~9:~: ::::::~'220 ........... .._--.UUMUro:oo-- u--nmn_~i:2(j(rO(r- 'gO 13.70 1,096.0048'" -....--."""".IDo"" -"mm"'--"657:60- "40 ""mmm""7r:UO"" ........2-&"'O-.T5U-" 125 "".mmm"71:O'O"- -".....""-"&;&73:00"" 270' ""mmmm5'2"'3'O" ......I4'li5:"U(r.. 257 ".""m"m-3'2-3'O-' --...m.T3""492-3'O-" "'1" ""m""T2"4'5"UO"" ""....".j'2"i"uu- ... "'''1'''''' ""-""mr"Z43:00.- "".".".".m3>"Z43'O'O-' "20 ......... "".""m""L""1:UO" ....-.--.'"."d."uu- """""0""""" .-"-"-'''''m2:00.. --......m".-'--"o:O'O"" :.:~~o :::::::::::;:i~~gg:: :::::J:~~~:gf- ::::~1~::: ,,::::::::::~~~~gg:: ::::::::::::t.~i~jgg:: ............. _____~__~________________ _.~.....___~___________. ......_..... ........M.M..... ____________.____..M__.. _.~.__.__________.__._._... 1.;~Qg : :::::::::::::}:~:&g:: :::I~T,~~~:~:g: ... "720" "mm.m"""16:5'0"" ".""""rg;O"8'O~T5U. I 375 ... ""mmm""TU:43". .'''.''I4;3b8~75'- ..............2....;.,...5.1..5.....0................. mmm""--"2'7:60." mm70"3"8'O~,,(ru' """""""8(J.)O"U"OO"" mm&5'3mrrru" no' m"""....'''''U'3'O'''' m-m"T'7Ir~'()'()''' ..... I' ......... mm""7,MU:CHJ"" mm""7:001J:(),(),' . .... "2' .... mm""j:4'W:UO"" mm""5""82'O".M" '13900 ... ".m"mmm,,3""4O''''' ..""""47'21J0""UU" . "'g' .... .."m---""T9'5"UO"" --'.""".T'T5"~T5U" "1' .... ::::::::*;IQQ:Q9.:: ::::::::~:I~~::9:Q: :::4;:~p::..... :::::::::::::~6:6g:: ::::::::!:?:~~~!!6:gg:: "'720'''' ""------m-"Z6"3tr" ""-"""mTg"U&o"OO"" I 309 "---mmmIO'''3'''' "----""""B>"679:03." .~;!>IQ~:: -mm"--.."Z7'5'O"" m""m-7iU08',,0"" '-'''''.S'6''5'OO'OO'' ---"----""S'6-3'OO'O'O"" '107' --..---".-'-""13"5'0"" ".m------"1-'-63'8'50"" TOO'" ---....7"{HJO:00"" m"......."iuoo'o'O"" "..."Z..... ""....--3-'-410'00"" ---'''------6'&20'0'0'''' II 089" "mmm'---"3''''O'''' m------"r7-702'o'O"" 'i~": "---"m""T93"O'O"" mm---""T'93'O':00"" r" ... ::::::::~):9.9.~Q~:: ::::::::::::t.I9.Q~Q~:: DitTerence 0.00 0.00 1,535.20 (1,540.00) 0.00 526.50 0.00 0.00 000 0.00 000 0.00 0.00 000 000 000 0.00 000 000 0.00 0.00 0.00 (186.00) 700.00 (438.40) 6,035.00 (682.50) 0.00 (40.00) (467.50) (1,365.00) 0.00 1,127.00 0.00 0.00 (689.70) 1,628.40 0.00 (46.50) 0.00 0.00 (9,557.40) 195.00 0.00 1014 ITEM DESCRIPTION UNIT 0;0. Site Lighting 43 !tem Deleted N!A 44 Distribution Panel EA 45 I ,1ghting Contactor EA 4(, Translonner EA 47 Surge Suppressor EA 4X Parking Lot Light Fi"iure A~smbly EA .1') Walkwav Light l'ixture Assmbly EA 50 Conduit. Wire" & Mise. EA ~ 1 Lquip: Sport, Lght hiI' Assmbly, Bsktbll EA Landsl'llpe 52 Li vc Oak EA 53 Bald Cypress EA 54 Royal Poinciana EA 55 Jacaranda EA 5(. Bamboo EA 57 SI.L,h Pine EA 51< Satin Leaf EA 59 Plumeria EA (,0 Roval Palm EA (>] Cahbage Palm EA (l2 Yesterdav. Today, Tomorrow EA (;3 Cnnkder"ate Jasrnine EA (,4 Fire on the Mountain Bush EA ()) Dwarr Firebush EA (I(l Babv Sun Rose EA (,7 FIt)!.;\ ~Iukh. 3" thiek SY (.X Pinc' Straw ~luleh" 4" thick Sy (,') St. Augustine Sod SY Hardscape & Site Amenities 70 (hOUr Shelters EA 71 Smal Shelters EA 72 Asphalt Walkway SY 73 11<" x 18" Reinl' Cone. Stepping Stones EA 74 Item Deleted N!A 75 !tem Deleted N!A 76 Fitness Stations (6) LS 77 Fitness Station Curbing LF ]X Fitness Station Mulch SY 79 !ren! Delered N/A XO Iren! !Jeleced N/A XI Tnt Lot Theknd Conc. Edge LF X2 BaSKetball Poles. Bckbni~ & Nets SET Xl Ba~Ketball Concrete Surtace SF X4 Drinking Fountains EA X5 BiKe Racks EA XI, Specialty Paving (Cone. Pavers) SF X7 Specialty Paving Cone. Edge LF XX Benehes EA X9 ..\di rondack lkneh EA ')0 Lou ge C ha ir EA ')1 Trash Receptacles EA '!2 Picnic Tables EA 93 ADA Picnic Tables EA 94 Grills EA 95 Park Sign LS 9G Construetion Sign LS '!7 Dumpster Enclosure LS Catherine Strong Park PIN 200').006 Catherine Strong Park PIN 2003-006 Schedule A EST. QIY. UNIT PRICE EXTENDED ACT. QIY. UNIT PRICE EXTENDED TOTAL PRICE TOTAL PRICE mmm,--,.-crmr, ------------m~r"TfU. '"''''0''''' ----m--......O:01r ---'---m,......O:01r' """2trb75'UO-- 'm--20.l>TS.O'U' ""1""" ......2.U;573:01r -----...:2'U;573:01r ....'-'inu'uo-- --.-....i72U"O'U' '-"1"'''' --------7"720'OU.. ....-'-'7'720'00.. mm--21'nU'UO-- ..'''....2'22U''m)' .."r............... --mmi220:0U.. ".---m--'2"~2"20:0U-" 'mm';{rcJU'UO-- "mm'4:TUU~Tf()' ...."... .r'.'....... --m--.4;roo:OU-- 'mm--m4;roo:oU-- --mm2~'65U:UO-- ------3i,TUU'.-O'()' ............,.S........... --m.."2';5S0:0U-- 'm--m'J9';730:0U-- 'm--..T'67U:UO-- 'm'T3;U:ro-.M" . Sf"" --m""T;570:0U-- mmm'1"5;UJO:OU-- 'm--lJ212-5().UO-- ------02;~r5U'.'(f()' 'I .......... --m.62";2"30:0U-- 'mmm62";2"30:0U-- "mm'~2'()5:()0-- """"..n;4'fU'.-U()' -4"" --mm5;2"OS:01)-- ,mmm2"4;S-20:0U-- h~_~.____________n_n__ --------_..------------- .M............................. _________n____________. .________n________________ 39m ... ----"--'--2'45Jm.. .....--'9;3:s"5.-UU. ",7 .......... '-'-'---2":fS:OU-- --------''1'J':9'03.0'O-- "'17 .... --......"--1'0'5:2"3-- --mm3;T'89',,'2"5' ""TO' ........ ......'-..303:2'5.. ........--"J"()32'3U.. m"22 ........... ...."..--..1'0'5:2"3-- --m'..0;7I"5.-5()' ""nr ..".... --..--m--303:2:s.. ...-.------5':f94'3U.. ..mT6 ........... ""m..'m2'2'UJm.. --...."'3;:s2U'.'U()' '''g' ........ ------m--Z20:0U- --,..'--''''T~9S-0:0U-- m7 ........... m--mm1"55:50-- --mm2;49"5.-5()" .............g.. ........ ------.....330::sU-- ----m--..l'.2"lllr3U-- '30 .......... ------...."'--8"'2"30-- '---m2;475.-0'()' ''''''36' ..... ...----------S-2::sU.. ".....--.mi970'OU-- "'22 ..... --.......'''''[7J':UO-- --mm3;&U"6.-0'()' m'.,'" mo' '''....----T7J:OU-- "".".,,"-----J'S-03:0U". """'23' ..m....."'[7J':UO.. mm--J;979".-0'()" ""'T7 ..... ."----m'T7J:OU.. .....--..mH:frllU.. 28 .... ...mmm,f9"5:UO-- m'''TJ;&olT:UU' "2, .......... mmm--:f93:0U.. ""..".mT2"~373:0U"" .m 22 ........ m--'---"TJ2":UO-- m--m2;9U,r.-O'U" '72- .... --"-..."mTJ2:0U-- m-----".--n04'OU-- .......376 ... -"-,"'mm--I"():20-- m""--3;&1'5.-2'U' mmm464 .... mmmm-TO:2U'" --'m--'--'4~732'&U-- '479 ....... -".--mm,m"J'.-S-3-- ,,,,,..mT;&4,r.T5' mm606 .....".. ,mmmm-"3:&:S-- mm--m-2";J3nU-- 440 m --"mmm--ITUO-. ,,,,,m--4;&4n'.U-U- "0' ........ ,mm"""'''n:OU-- --m,......m..--O:'OU-- ..mT4T mmmmm-S-:23'" _""m"T;'fo:r'-25- ...... T49 --------""--m&:2:s-- mm"'''''1''2''29'2'5-- m676 mmmmm-nO-- m--m2;2JU.-8"'()- ""240 ........ ....".".--..m3:JU-- ""...."--..--J'792:0U"" .. mm675 .-.--.... mmmmm"HO" mm--4;4'55.'Q'()" 1;167 ..... ..--,.."--'m'o:lJU" m'......"7'702.2U-- 66 .. ... ",,,..,,mmm'5:50'" "...m"mJoJ.'Q'U' ...........6g...... ..... ----....".."m3:3U" ..,"-.....----'J'74:0U". 123;965 ----"-"""---'m()::fO-- ..m'49"3&"6.UU' '1"2rg33" mm----....'O:4U" ::::::::::'.I:~;'?'~PQ:: __nn______.u._________ __________l.____________ ...............?................. ----------------------- m'''2 ............. m'''1T7()()Jm-- ------03;4'O'O'.'O'U' ,.......2...""'. -'-1'1";700:0U-- "---"..6nOO:OU" "-) ............. mm1919'O'0"(J0-- ------39;711n',,'Q'u' ....-'.0".........".. ."--W;9'OO:OU.' ---'.mm....-.o:OU-- "730-" m---m1-m!"Uo.. '..--------7TO..-0'(J' ""'0'" ... ........------'T:OU-' -...,-..'------mo:oU'" "120'''''' ---'-mm2'5:UO-- ---m'J'OU"O'.-O"()' '....120.'..... ..'..----m'23:0U.. ..-'-'---J';uoo:01r .." 0"""" 'mm...."'''--U:UO- ----mm'."--U'.-O'()' .........."0"...."......... '---'--'--"".O:OU-- ---------,......--O:OtJ" .........."0...'......... 'm......mmcrCJO-- ----.........--U'.-O'()' .".........0"."',,...... '--'-'--.....'O:OU-- --mm...-...,--O:OU'. .........r..'.. 'm--..&.o5U:UO-- ----....&.lJ:sU'.-O'()' '"''''''''T''''''''''''''' -------S-'550'OU-- --000000.."8';550:0'0-- ........280"...... ----------1..:m:uo-- m-'-&:4UTf."Q'()' """JR"" ,-..---J"'30:0U'" --------m'9';:f20:0'O" "'TRO' --mm"'''''1''J:UO-- m--...2;J4n'.-O'U' m22r'" ,-m'-'''''n:OU-- --mm'...2":&"7J'OU-- mo.. .... m--mmm--():Uo"" --mmmm,u".-o-U' """'0 ............. .....----mmo:oU-" ..m--------""--O:OU-- ..........0" --m-".."."..--U:UO-- ----..-..."m--o'.-O'()' 'mo..'" mmm....."o:OU-- --m--"...".--'--O:OU-- .......100......... --......"----n:uo-- '''''''..''T;2Un'JJ()' .. mI7S'" mm.......T~rOU-- --,....".."2"T3O:0U.. 4 """--T2'O'U'U{j" ....----4;&Un'.-()(). ..........4............... "--'"'T2''OO'OU''' --"..."m--4'S-00'OU"" BJ6O"m "mmm1m--J':':f3"" """--43;402'.'Q'()' :I~qQQ .--......"----3'4:s'" '"'''------4J'~:f70'OU''' ......)m m'mT60'U-UO." ",mm7;&OU''-()0'' '''..''m2'';500:UU'''' --'---m--nOO"OU-- .msmmmm --mm--11'Q'5:UO"- ""----'''T;'32'5.-U()'' ..........S.... m......--303:0U-- "--.....----r"323'OU'" 2;200' -m"."......m5:2"0-- '''''''n;44U''-U()'' ......)i~~~::. m......--....3:2U-- ----........9)2&:&U.. mm .. 2S0' ... --mmm---JU:UO-- mm--7;:SOU''-O'U' ',.,'----'--'Jo:'Ou-- --mmm'ns-o'ou-- .......23 --mmmon:uo-- mmT3'9'[o'-0'0''' 'T3'" -----m--592:UU-- --..'mm's-~g90:llU-- ...... g......' mmm--"8"Q'U:UO-- mm--o:4UU'.-O'U' "8-'" -----m--gOo:'Ou-- --------m'6;400:0U-- .wI2" ... m--"..'''--g'O''().-UO-- m--'''9;lJOn',-0'()' mg"""" m--..'-'S-OO:lJU-- mmm"-.6;:f00:OU-- ...wT2mm ".."mm"75():UO-- """"""9;00n',-o'()' mmg" , 'mm....730:UU-- --,--,"..m6'()00'OtJ" w6m...... m..mm9'8"'():UO-- ..'--'--3;&"8U'.TfO''' ""'''0 ..........~.. ",..,,,,m'9S-0:0U-- --".".--mm'm'o:UU"" mmsw, --mm'n75'UO.. mm--7;&75.-0"U' ..............6....."....... ..--mT573-0U'" --mm'm9'4S0"'OO-- .....2' m'''--'''r''2'6()'UO'' m--'''-2;:s2U~'O'U' 2.... ...... '----ml~2"Oll'OO-- m--mm'i"520'OO-- 1m "-"""m2~2'O'U'UO-- ""--."--2;2UU~"O'U' "'r"" ,m"'''r;2''Oo:OU-- m--""".mi'2"OO'OO-- . .mm\ mm ... m----TT60'-UO'" mm--T;ToO-.-Q"()" ..............\...... .... --.'-"'r;roo:uo-- --------mT'roO'Ou-- rmm..... -"--""TU~o50':()0"" -"""--TO;lJ"50-.-()'()" ..............\................. ,m'''1'0;530:00-- ...."m""1'ct530'OU-- ..............-... ____nnn_n"______u_~_ ------------------------ . ....... ........ ._______n_n___________ _________n_____n_.__n.___ Difference 0.00 0.00 0.00 0.00 0.00 2,650.00 0.00 0.00 12,4]000 4,410.00 (2,136.75) (1,221.00) (1,540.00) 713.00 495.00 (2,941.00) (1,038.00) (1,485.00) 6,600.00 897.60 481<.95 ( 4,840.00) 66.00 (1,438.80) 3,247.20 ) 1.00 (852.80) 0.00 (59,700.00) (730.00) 0.00 0.00 0.00 0.00 1,020.00 533.00 0.00 0.00 936.00 0.00 (1,932.00) (2,600.00) 0.00 (2, II !.20) (2,220.00) (6,920.00) 0.00 (3,200.00) (3,000.00) (5,880.00) 1,575.00 0.00 0.00 0.00 0.00 20f4 ITEM DESCRIPTION "0. UNIT nt'strOHIll Facility 'JX Bathroom Building LS Splash Park ')<) Splash Park Apparatus LS 100 Con~rek F1atwork (4") SF 101 ()uldoor Show~r EA I rril(atloll 102 Irrigation System LS ]01* Al1owan~e LS 104 Phase I Bonus Per Calendar Day EA 105 Indemnitication L.S. TOTAL EVALUATED > *\1 11 -'h ! / lsee aneous C anf'es 11 OJ. 10 LS .."".._u.__u_._._ ___unn _ ._. __ ___ _ __________............n_n....._n..__..n....n_ ....._nn__ IO.J 20 Install 2 -2" spare ~onduits to the Head Start LS propel1V for future expansion. Hun_. . ._n..._ .._.. _.... _ ".. ._. ......_.u__n__n_n__.___nnn__n_nn__ ____nnnn IOJ.10 R~grading property line hetween Tennis LS .____.___u_____.__ COlll1 and Head Start playground. ______.___<____n..._..n_.._.._nnn._.____nn___nn__h.._U_____ _--_nun_- IOJ.40 Cr~dit: omit vinyl slats from perimeter LS .n'n._..._nn___ f~l\,ing. IOJ.50 R~plac~ impact windows with electrically LS __._,.'__...n.~.._ opcrated roll down shutters. IOJG 1 Basketbilll Courts; Dcduct for constructing LS .._..u.n..._____. ,Olllts out of asphalt inlicu of concrete. IO.UO l),dueL deletc insulation from c"ru wall LS edls. ____on_un_un+< IOJ.XO Sprily~d t~xlur~d ~oncrete topping instcild LS of ~oll)rcd com.:rt:h; staining. .n _n ._u.._nu_ J O.J')O Restroolll Ligbt fixtures; upgrade to LS d~eorallvc 24"x 24" surface mtd. .- .._nn un_n ]O.LlO Furnish & inst;" I 2- I" conduits for phonc LS lines. 211 II LF. _ _ .............__ ...._ .._._w.__...____.h.____....nnwn..wwnnwwn.__ - ]O.J.II Fumish & install 15011' of drainilge segment LS !i'Olll enlranee I'd to south retention ilrea; 2 CB's, 150LF 01'8" HOPE pipe, and misc. ilsphalt restoration. 101.12 Fumish & inslall sand/oil scparator for LS will~ll)lilY feature. Catherine Strong Park PIN 2003-006 Schedule A EST. QTY. EXTENDED TOTAL PRICE ACT. QlY, UNIT PRICE EXTENDED TOTAL PRICE ::::~g:?:?:9::9:Q:: ::::~~T,?~~::9:9:: .r:OO ...: :::~:€!;'~?Q:QQ:: :::::::~:€!;'~?Q:QQ:: o 0.00 UNIT PRICE ..... ..r ..... ""21o.45'crcm-- --":nb'~:S-O"OTr"T:OO' .. "''2T6;imrmr m.....2T6;imrmr n9;~0~ :::::::::!~:;:~~~~~:: ::::::!:t:~~~~:~:~: .:6;~48: ::::::::i~~Q~~~~:: ::=:::::~:8~~~~~:: '30 ....nn(j. ::::::?:~~I9:9::92.:: ::::::?~;~~~:~:9::::I:gg :::::}Q~Q:9:9::9:Q:: :::=:~Q;QQ:9::9:9:: : :::::::::::?:9:9::9:Q:: :::=:I?;QQ:9:.:q9:: .nn"-ioj'j'{f n.n -....74;:mO:mr- -m'--"74;:mO:mr- _.~..._--...-------_.__. _._-_..__...-.-...---.-..... .-------m-o:mr. "....-.-------0:00" ...._._.__.__.__.~-_.- ........--.-.-.--.----.-. :=:=:=::?'Q9~QQ:: :::::=:::::~J.QQ:QQ:: Ca!herine Strong Park PIN 2003-008 o 1,400.00 0.00 1,100.00 o 2,705.18 2,705.18 0.00 o (9,000.00) (7,827.00) 0.00 o 3,704.40 0.00 3,704.40 o ($1,974.00) ($1,974.00) 0.00 o (840.00) 0.00 (840.00) o 6,000.00 0.00 6,000.00 o 165.00 0.00 165.00 o 1,050.00 0.00 1,050.00 o 8,950.00 8,950.00 0.00 o 2,546.25 0.00 2,546.25 1,100.00 2,705.18 (7,827.00) 3,704.40 (1,974.00) (840.00) 6,000.00 165.00 1,050.00 8,950.00 2,546.25 DitTerenee 0.00 0,00 (7,797.60) 0.00 0.00 (30,000.00) (12,500.00) 10.00 (123,287.30) 0.00 0.00 1,100.00 2,705.18 (7,827.00) 3,704.40 (1,974.00) (840.00) 6.000.00 165.00 1,050.00 8,950.00 2,546.25 3 of. ITEM NO. 103 13 DESCRIPTION IlIsta II 1- H' gate with associated hardware for milinh.:nancc access, 103 14 Landscaping Additions (SPRAB Comments) ___.._.__._ ._. __.________.__. _.__________n_n______________n____._~._...._.. ._.__.____." . .............._:~j..P.i~l.~_b.a!.I.n._.._._...._.._m.._n.__m_n___.__n______n__n_L~_~____ Hi (rumbo Limbo ! EA ___________________1______.__._____.___________________...____uu.....u.________________1-____________ q Pigeom Plum ! EA ::::.:: .::::::: :i~F;;:~~~:~:~i~:~;~~~~~;;I::::::::::::::::::::::::::::::::::::::::r:::~~::: . ....... ._.. .....1..: i. .~)~,,~~~..(~.ei~~r._n_.._n.n.__._m.._h.n._h_h___m____L__~_~_m F! D\Vl' Fakahatchee Grass ! EA ..::.:...::._:::~;t:(~;;~~~~;<::::::::::::::::::::::::::::::::::::::::::::::::::::::t:::~~::: II i Red Tip Coco Plum i EA ..-...n.i1-lji:;;;k~-iTi;;;;~;..nn...mm.-..-..-..-----.-mmn-n.T-E-A--- I.. .. .n....;..n..............nm.._....._mnm.m_.mmm_____m_h__._'-m__m____ L- .I ! Sunshine "vlimoSil ' EA C<.( '.5'\, Overhead (per contract) A-J TOTAL 'Misc, Ch~es Total to Date Cafherine Strong Park PIN 2003-006 Catherine Strong Park PIN 2003-006 Schedule A UNIT EST. QIT. UNIT PRICE EXTENDED ACT. QIT. UNIT PRICE EXTENDED TOTAL PRICE TOTAL PRICE 0 1,800.00 0.00 I 1,800.00 1,800.00 .h..-.__.'._____ -..----.----------------- ---------------------... n.._.._..______ ------------------.-.- ---.---._---------------_.- n_n_n_n_n_n ___n___.____........__.. ..-.-...--...----------- -----.--........ ..-...--.------.--- ---_..........._.-...---.- 0 180.00 0.00 9 180.00 1,620.00 n_n_.__n_n_n n.n_n_n_n_____.____. --........-.-.-..--.-- _.__.__._n_n__ .......-...-.-.--.--.- .-------.--.-----..-...... 0 172.80 0.00 6 172.80 1,036.80 n_nnnn_n_n ___....___._.._._n_____ .___n__.________._____ h___.__..._.._. _____n______________ --..--.....--...------------ 0 172.80 0.00 I I 172.80 1,900.80 n__nn__nnn_ n_n__hn______._____ -..-_.------------------ ----------...... ......---.------------ ---.---.--..---..------.- 0 15 \.20 0.00 6 151. 20 907.20 __nn_nnnnn ----------------.---..... .--.._.-..-------------- ---------.-..... ---_._-.-------------- -----------....-.-..------ 0 270.00 0.00 10 270.00 2,700.00 nnn_nnnnn -.-.-.....-----.--.------ _n_____________________ ---.._----.----- -------------------.--.- --.....-.------------------ 0 7.00 0.00 93 7.00 651.00 _nnnnnnnn ----------------...------ .--.-.------------------ ----.-.-------. .----------------------- .-------.------------------ 0 22.50 0.00 200 22.50 4,500.00 nn_n_n_nnn ---.----------------.--.- _.._n__________n____n _____n___...__. ______n_______n_n_n_ -_.__...-.-.---.------------ 0 7.00 0.00 400 7.00 2,800.00 nnn_nnnnn ------.-----.------------ nnnnnn____n_____. _____d._.__.___ _________n_n_______n_ _____n__n_____n_n_nnn 0 3.00 0.00 50 3.00 150.00 nnnnn.nnn -------.----------------- .n_n_n_n___________. __n_n_n______ -------------.---------- __n_n__n_n___________.__ 0 3.50 0.00 I 10 3.50 385.00 ___un_n_nnn ------------------------- .___._____n_n_n_n_n __n_n_n______ ------------------------ -----------------._--------- 832.54 _n_n________n_ _.._n___________________ _____________.__n_____ __n_n____n_n ------_.----..---------- ------------------------_.-- >.... ... LS $1,980,621.90 $1,892,197.77 Original Award Previously Approved Changes Total Award Contract to Date This Change Order $1,980,621.90 $0.00 $1,980.621.90 $1,892,197.77 ($88,424.13) DitTerence 1,800.00 _h_________n_nn_n.n.. _n_.__.____...n__.__nn 1,620.00 n__________n_n_.________ 1.036.80 __n_______________n_n__ 1,900.80 __n________n______.______ 907.20 _nnn_n_n_____...__h__ 2,700.00 _nn___h__d_.__nn_n__ 651.00 _nn_______nu_n____n.. 4,500.00 _nnn_n__h___'n_____.. 2,800.00 ___.___n__.._.n......._.. 150.00 _.___nnnn...._._.__.... 385.00 n_nnn______n___n"'" __________n_n..___.._.___ 34,030.63 (89,256.67) 4 cf4 Agenda Item NO.:..8! AGENDA REQUEST DATE: May 25, 2006 Request to be placed on: ---X- Regular Agenda _ Special Agenda _ Workshop Agenda When: June 6, 2006 Description of item (who, what, where, how much): Request City Commission to approve closeout Change Order #1/Final, in the ~ct amount of (-$88,424.13) and final payment in the amount of $148,725.23 to Rosso Paving & Drainage, Inc. for having completed the construction of the Catherine Strong Park (P/N 2003-006). All changes for the project are itemized on the attached Schedule "A" to Change Order #1, Final. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Change Order #1 and final payment to Rosso Paving & Drainage. Inc. for hCImPleted the. consiZru' olthe Catherine Strong Park. Department Head ~ M s::U. Signature: . , -2- -0'" Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~N<tJ:7f- Funding alternatives (if applicable) Account No. & Description See above Account Balance See above City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin\Projects\2003\2003-006\OFFICIAL\Rosso Agnd req CO#I Fin GC 06.06.06.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: . ~~1Y MANAGER AGENDA ITEM # ~Q - REGULAR MEETING OF JUNE 6, 2006 CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENT /HARTZELL CONSTRUCTION. INC. SUBJECT: DATE: JUNE 2, 2006 This is before the Commission to approve Change Order No.1 (Contract Closeout) in the amount of $620.06 and final payment in the amount of $57,476.41 to Hartzell Construction, Inc. for completion of the Southwest Area Sidewalks Project. Funding is available from 118-1965-554-63.11 (Community Development Fund/Bikepaths/ Sidewalks). Recommend approval of Change Order No.1 (Contract Closeout) in the amount of $620.06 and final payment in the amount of $57,476.41 to Hartzell Construction, Inc. for completion of the Southwest Area Sidewalks Project. S:/City Clerk/agenda cover memos/CO 1 Final Hartzell SW Area Sidewalks 060606 ~d- 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 FROM: Bob Diaz, Construction ~ SUBJECT: SOUTH WEST AREA SIDEWALKS (PIN 2005-020) Agenda Request; Change Order #l/Final and Final Payment DATE: MAY 30, 2006 Attached is an Agenda Request for City Commission to approve closeout Change Order #l/Final in the net Add amount of $620.06 and final payment in the amount of $57,476.41 to Hartzell Constmction, Inc. for haying completed the construction of the Southwest Area Sidewalks. This change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule A to Change Order #l/Final. The project is complete and all closeout documentation received. Staff recommends City Commission approve Change Order #1/Final in the Add amount of $620.06 and final payment in the amount of $57,476.41 to Hartzell Construction, Inc., for completion of the Southwest Area Sidewalks. Funds are available from account, 118-1965-554-63.11, Fund Community Development. A Contractor Evaluation is also attached. Please place this item on the June 6, 2006 Commission meeting. cc: Richard Hasko; Director of ESD Rafael Ballestero; Dep. Director of Construction, ESD City Clerk's Office Agenda File 06/06/06 File 2005-020(A) S:\EngAdmin\Projects\200S\200S-020\OFFICIAL\Hartzell Const Agd mem CO#I Fin GC 06.06.06.doc CHANGE NO. PROJECT TITLE: 1 / Final CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT PROJECT NO. 05-020 DATE: South West Area Sidewalks TO CONTRACTOR: Hartzell Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 0.35 % TOTAL PER CENT INCREASE TO DATE 64.68 % $ 177,157.00 $ 115,204.00 $ 292,361.00 $ 620.06 $ 291,740.94 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Hartzell Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from accounts: 118-1965-554-63.11 $620.06 DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor APPROVED: ATTEST: By: City Attorney City Clerk S:\EngAdmin\Projects\2005\2005-020\OFFICIAL\Hartzell CO#I Fin GC 06.06.06.doc HARTZELL CONSTRUCTION, INC. Southwest Area Sidewalk Project No. 2005-020 Final Units Contract Award Contract to Date DESCHIPTlON Units Est Qtv Bid Price Total Actual Qtv Unit Price Extended Total Price Mobilization L,S. 1 $13,000,00 $13,000,00 I $13,000,00 $13,000.00 :v'laJlltcnan(,;c ofTraflic L.S, I $5,100,00 $5, I 00,00 I $5,100,00 $5,] 00,00 ('Ieatlng. and Grubblllg L.S, I $8,400,00 $8,400,00 I $8,400,00 $8,400,00 4" Thick - 5' Concr~lc Sidewalk S,F, 33,500 $3,07 $102,845,00 27,370 $3,07 $84.025,90 6" Tlm:k - 5' COllcn:tc Sidt.:walk S,F, 1300 $3,52 $4 576.00 1905 $3,52 $6 705.60 COfll..:rclc Driveway Aprons (6") S,F, 1,200 $3,94 $4,72800 1960 $3,94 $7,722.40 S;lW-Cllt i' Sl.:ored Joints (iil Existing Concrete L.F 720 $3,00 $2,160,0 1489 $3,00 $4,467,00 IJrivc\vay 0 $0,00 S\\ilk (ir<luill!-! & Sudding SY 4.100 $3,58 $14,678,00 3996 $3.58 $14,305,68 1{1..-10(;\11011 1','\ISt C,II\.:II BaslII LA I $4,700.00 $4,700,00 0 $4.700.00 $0.00 I)rdllwgl..' Strlldun:s E,A I $4.000.00 $4.000.00 0 $4.000.00 $0.00 ('011\'1.'11 E.\, C<llch Basin to \1anhole EA I $1,700.00 $1,700,00 0 $1,700.00 $0.00 I{L'lol.:atum L:\L";t. Ch:l111 Link Fence L.F 310 $6.00 $1,860.00 63 $6.00 $378.00 ProJI..'ct Signs EA 4 $350.00 $1.400.00 4 $350.00 $1.400.00 l'llilty:\llowancc L.S, I $2,000.00 $2,000,00 0.877 $2,000.00 $1.754.00 landscape Allowanl,;~ L.S, I $4.000.00 $4.000,00 0.20825 $4.000.00 $833.00 Video AlloWlIllCC L.S, I $2,000.00 $2,000,00 ] $2,000.00 $2,000,00 IIH.lelllllitici;ltion L.S, I $10.00 $10.00 ] $]0.00 $10.00 TOTAL $177,157.00 $150,101.58 Chateline Chanoe Order DESCHIPTION UNIT Mobilization L,S Maintenance of TraffiC L S Cleaning & Grubbing LS 4" Thick. 5' Wide Concrete Sidewalk SF 6" Thick .5' Wide Concrete Sidewalk S,F Concrete orrveway Apron (6") S,F Saw~Cut / Scored JOints EXisting Concrete Dnveways LF Swale Grading and Sodding SY Retocatron EXlsllng Catch Basin EA Drainage Structure EA Convert Ex Catch Basin to Manhole EA Relocation EXlsling Chain Link Fence LF P rOlect Signs EA Ultllty Allowance LS Landscape Allowance LS Video Allowance LS Indemnification L,S Removal of 4" concrete SF Removal of 6" concrete S,F Removal of 6" apron-all S,F, Lump Sum Amount for extra work at Shadow Lane, Landscaplng,gradlng,earthw LS, Dale Prrnted 6/2/2006 Difference 0,00 0,00 0,00 (18,81910) 2 129,60 2,99440 2,307,00 0,00 (372.32) (4.700,00) (4,000,00) (1,700,00) (1,48200) 0,00 (246,00) (3,167,00) 0,00 0.00 (27,055,42 Est Qtv Bid Price Total Actual Qtv Unit Price Extended Total Price 1 $10.000,00 $] 0,000.00 J $10,000.00 $10.000.00 1 $5,500,00 $3,000.00 I $3,000.00 $3,000,00 1 $6,000,00 $6,000.00 ] $6,000.00 $6.000.00 18000 $4,17 $75,060.00 14240 $4.]7 $59.380.80 350 $4,62 $1,617,00 3800 $4.62 $17,556.00 300 $5,09 $1,527.00 808 $5.G9 $4,112,72 400 $4,10 $1,640.00 0 $4, ]0 $0.00 2000 $4,68 $9,360.00 2522 $4,68 $11,802.96 $0.00 $0,00 0 $0.00 $0.00 $0,00 $0.00 0 $0.00 $0.00 $0,00 $0.00 0 $0,00 $0.00 $0.00 $0,00 0 $0,00 $0.00 $0,00 $0.00 0 $0,00 $0.00 1 $2,50000 $2,500.00 0 $2,500,00 $0.00 1 $2,500,00 $2.500.00 I $2,500,00 $2,500.00 1 $2.000,00 $2,000.00 0 $2,000,00 $0.00 0 $10,00 $0.00 0 $0.00 $0,00 $0,00 $0.00 0 $0.00 $0.00 $0,00 $0,00 0 $0,00 $0.00 $0,00 $0,00 0 $0,00 $0,00 $0,00 $0.00 I $28,527,00 $28.527,00 0 $115,204.00 $142,879.48 Difference 0,00 0,00 0.00 (15.679,20) 15.939.00 2.585,72 (1,640,00) 2.442,96 0.00 0,00 0.00 0,00 0,00 (2,500,00 ) 0,00 (2.00000) 0,00 0,00 0,00 0,00 28,527,00 27,675.48 $292,361.00 $292,981.06 620.06 Contract Award Previously Approved Changes Total Award To Date Contract To Date Change Order #2/Final 177,157.00 115,204.00 292,361.00 292,981.06 620.06 Page1 of 1 AGENDA REQUEST Agenda Item NO.:~ DATE: May 25,2006 Request to be placed on: -L Regular Agenda _ Special Agenda _ Workshop Agenda When: June 6, 2006 Description of item (who, what, where, how much): Request City Commission to approve closeout Change Order #1/Final, in the net Add amount of $620.06 and final payment in the amount of $57,476.41 to Hartzell Construction, Inc., for completion of the Southwest Area Sidewalks (P/N 2005-020). All changes for the project are itemized on the attached Schedule "A" to Change Order #1, Final. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Department Head Signature: Staff recommends approval of Change Order #1 ~ .dj/2 and final payment to Hartzell Recommendation: Construction, Inc. b--z..-(.b 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~ Funding alternatives .lif applicable) Account No. & Description See above JIg -/7'/;") - <; 5'i 63-11 Account Balance See above ';/82" -5/ 9 City Manager Review: ~ Approved for agenda:~NO Hold Until: .~ tqJ:/hS/ ~/r-l.tL>>a! ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin\Projects\2005\2005-020\OFFICIAL\Hartzell Agnd req CO#I Fin GC 06.06.06.doc MEMORANDUM TO: MAYOR AND CITI COMMISSIONERS FROM: ~ CITI MANAGER SUBJECT: AGENDA ITEM # S? ~ - REGULAR MEETING OF JUNE 6. 2006 CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENT/ASPHALT CONSULTANTS. INC. DATE: JUNE 2, 2006 This is before the Commission to approve Change Order No. 1 (Contract Closeout) in the net deduct amount of $84,830.05 and final payment in the amount of $115,573.49 to Asphalt Consultants, Inc. for completion of the Area 2 & 3 Reclaimed Water System Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission System). Recommend approval of Change Order No. 1 (Contract Closeout) in the amount of an $84,830.05 decrease and final payment in the amount of $115,573.49 to Asphalt Consultants, Inc. for completion of the Area 2 & 3 Reclaimed Water System Project. S:/City Clerk/agenda cover memos/CO 1 Final Asphalt Area 2 3 Reclaimed Water 060606 ~efl City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com TO: DAVID T. HARDEN, City Manager FROM: Bob Diaz, Construction Mana~ SUBJECT: AREA 2&3 RECLAIMED WATER SYSTEM (PIN 2004-020.2) Agenda Request; Change Order #llFinal and Final Payment DATE: MAY 30, 2006 Attached is an Agenda Request for City Commission to approve closeout Change Order #l/Final in the net deduct amount of (-$84,830.05) and final payment in the amount of $115,573.49 to Asphalt Consultants, Inc, for having completed the construction of the Delray Beach Area 2&3 Reclaimed Water System. This change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule A to Change Order #l/Final. The project is complete and all closeout documentation received. Staff recommends City Commission approve Change Order #1/Final in the deduct amount of (-$84,830.05) and final payment in the amount of $115,573.49 to Asphalt Consultants, Inc, for having completed the construction of the Delray Beach Area 2&3 Reclaimed Water System project. Residual funds to be liquidated from P.O. # 632678, account 441-5181-536-65.96, Water &Sewer Fund. A Contractor Evaluation is also attached. Please place this item on the June 6, 2006 Commission meeting. cc: Richard Hasko: Director of ESD Rafael Ballestero: Dep. Director of Construction, ESD City Clerk's Office Agenda File 06/06/06 File 2004-020.2(A) S:\EngAdmin\Projects\2004\2004-020.2\OFFICIAL\AsphaIConsul Const Agd mem CO#J Fin GC 06.02.06.doc CHANGE NO. PROJECT TITLE: 1 / Final CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT PROJECT NO. 04-020.2 DATE: Area 2&3 Reclaimed Water System TO CONTRACTOR: Asphalt Consultants, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER - 6.84 % TOTAL PER CENT DECREASE TO DATE - 6.84 % $1,240,565.00 $ 0.00 $1,240,565.00 ( -$84,830.05) $1,155,735.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Asphalt Consultants, Inc. 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E ~ ~ o I- ~ -;; .<: P- en -< Agenda Item NO.~ AGENDA REQUEST DATE: May 30,2006 Request to be placed on: -X- Regular Agenda _ Special Agenda _ Workshop Agenda When: June 6, 2006 Description of item (who, what, where, how much): Request City Commission to approve closeout Change Order #1/Final, in the ne deduct (-$84,830.05,), and final payment in the amount of $115,573.49 to Asphalt Co ants, Inc. for having completed the construction of the Delray Beach Area 2 & 3 Reclaimed Water System (P/N 2004-020.2). All changes for the project are itemized on the attached Schedule "A" to Change Order #1, Final. ORDINANCE/RESOLUTION REQUIRED: YES/@DRAFTATTACHED YE@ Recommendation: Staff recommends approval of Change Order #1 and final payment to Asphalt Consultants, Inc. ()6c. . a D~partment Head J! _ I _ , _ .. 'l1 Signature: . Xl.-- b If W Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): L).~ Funding available ~O Funding alternatives Account No. & Description Account Balance City Manager Review: ~ Approved for agenda: ~O Hold Until: (if applicable) See above See above Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin\Projects\2004\2004-020.2\OFFICIAL\Asphalt Consul Agnd reg CO#I Fin GC 06.6.06.doc MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS (j)PCITY MANAGER AGENDA ITEM # ~S - REGULAR MEETING OF JUNE 6, 2006 CHANGE ORDER NO. 1/FINAL PAYMENT /MEF CONSTRUCTION. INC. SUBJECT: DATE: JUNE 2, 2006 This is before Commission to approve Change Order No.1 between the City and MEF Construction, Inc. in the net deduct amount of $717,482.10 and Final Payment in the amount of $3,273.75 for the N.E. 1 sl Street/S.E. 1 sl Street Project. Due to MEF Construction's limited resources and manpower, it became evident early in construction that they were not capable of completing this project within the contractually stipulated timeframes. Therefore, both MEF and the City have mutually agreed to rescind this contract. Liquidated funding will be reserved for a replacement contract award from PO #630777, Account Numbers 334-3162-541-65.88 (General Capital/CRA), 448-5461-538-65.88 (Stormwater Utility Fund) and 442-5178-536-65.88 (Water/Sewer Fund). Recommend approval of Change Order No.1 between the City and MEF Construction, Inc. in the net deduct amount of $717,482.10 and Final Payment in the amount of $3,273.75 for the N.E. 1'1 Street/S.E. 1 sl Street Project. S:\City Clerk\agenda memos\CO MEF 060606 ~ot, City Of Defray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com FROM: Bob Diaz, Acting Construction TO: DAVID HARDEN, City Manager SUBJECT: N.E. 1ST STREET (SWINTON AVENUE. TO N.E. 6TH AVENUE) S.B. 1ST STREET (SWINTON A VEUNE TO S.E. 6TH AVENUE) (PIN 2004-006) Agenda Request; Change Order #1/Final and Final Payment DA TE: MAY 30, 2006 Attached is an Agenda Request for City Commission to approve closeout Change Order #llFinal in the net deduct amount of ($717,482.10) and final payment in the amount of $3,273.75. The value of total work perfom1ed is $65,475,00, which includes a previous payment in the amount of $62,201.25. MEF Construction has limited resources and manpower. It became evident early in construction that due to these limitations, they were not capable of completing the project within the contractually stipulated timeframe. It was mutually agreed between both parties to rescind this contract regarding the N.E 1 st Street (Swinton Avenue to N.E. 6th Avenue) S.E. 1st Street (Swinton Avenue to S.E. 6th Avenue) (PIN 2004-006). All changes for the project are itemized on the attached Schedule A to Change Order #1/Final. Staff recommends City Commission approve Change Order #l/Final in the deduct amount of ($717,482.00) and final payment in the amount of $3,273.75 to MEF Construction, Inc. regarding the N.E Isl Street (Swinton Avenue to N.E. 6th Avenue) S.E. 1st Street (Swinton Avenue to S.E. 6th Avenue) project. Liquidated funding to be reserved for replacement contract award from P.O. # 630777, account(s) 334- 3162-541-65.88,448-5461-538-65.88 & 442-5178-536-65.88. A Contractor Evaluation is also attached. cc: Richard Hasko; Director of ESD Rafael Ballestero; Dep. Director of Construction, ESD City Clerk's Office Agenda File 06/6/06 File 2004-006(A) S\FngAdmin\ProJccts\2004\2004-006\OFF1ClAL\MEFAgd memCO#\ Fin GC 6.6.06.doc CHANGE NO. PROJECT TITLE: 1 I Final CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT PROJECT NO. 04-006 DATE: N.E 1st Street (Swinton Ave. to N.E. 6th Ave.) S.E. 1st St. (Swinton Ave. to S.E. 6th Ave.) (pin 2004-006) TO CONTRACTOR: MEF Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER - 91.64 % TOTAL PER CENT DECREASE TO DATE -91.64 % $782,957.10 $0.00 $782,957.10 (-$717.482.10) $ 65.475.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. MEF Construction, Inc. 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I I~ ,.... ," '" ;1; '0 ... 8 o .. 8 ~ 8 8 ~ 00.... g~:qg.", ~ ~ ~ , o o ~ '8 8 8 8 ~ ~ .. .. , 8' o 8 ~ 0 ;;;fA o o ~ - 0 8 ~ vi" .. :: '"' on ~888~ 8~8~~~1' V'l 0 .-: "'" :;; ~ "'" i I .. ~ .... .. I ;8 8 8 ~ ~ ~ ~ ~ ~ M ...... V'I 0 .-: "'" M - .. I"'" .., ~ 0( UJ -< "' Vi Vi f/J Vi ..J ...J .....J -l ..; .. 't:: ::J f- .b ;J 'g (5 .. t: '" (5 ~ ~ ,@ ~~ ~ "0"'" ~ ~.~" " ~ u (,) = '5 -" a ~ ~ .~ ~~~Oo<.) ~~~<:-;;:~ go '7 5 ,~ ~ 5 ~o~~;;] I oc ",10 _ ~ ~I:n V'l .... ... '"" ~ r-:' .... ~ ~ 8 ~ 8 r--.: 0 r--.: I,() I,() ffl l() ..... '" "''' N N ui Ie Ie~ II> .. 8 ori r- " .".. '<I "E to ~ (jj ::J o 'S; ~ 0- <; ;::: 0(1 "'. N oc .... ~ 1; Q .g '3 .. ... ~ N ., " ,.; ~ !:!. ... Gl 'E o Gl Cl C III &. o 1Il :c I- N "- o N " OJ) '" Q. OJ t: ~ 1> Qi~ "Eo 0.... .,0 ",0 t:N OlZ ~- 00- Agenda Item NO.~S AGENDA REQUEST DATE: May 2,2006 Request to be placed on: -L Regular Agenda _ Special Agenda _ Workshop Agenda When: June 6, 2006 Description of item (who, what, where, how much): ~.. Request City Commission to approve closeout Change Order #1/Final, in the netitTeduct'~ount of (-$717,482.10), and final payment in the amount of $3,273.75 to MEF ConstructidR,-lnc'. regarding the N.E 1st Street (Swinton Avenue to N.E. 6th Avenue) S.E. 1st Street (Swinton Avenue to S.E. 6th Avenue) (P/N 2004-006). All changes for the project are itemized on the attached Schedule "A" to Change Order #1, Final. ORDINANCE/RESOLUTION REQUIRED: YES@ DRAFT ATTACHED YE~ Recommendation: Staff recommends approval of Change Order #1 and final payment to MEF Construction, Inc regarding of construction of N.E 1 st Street (Swinton Avenue to N.E. 6th Avenue) S.E. 1 st Street (Swinton Avenue to th Avenue). .~C. &-/--otp Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required 0 all items involving expenditure of funds): /: Funding available ES 0 Funding alternatives (if applicable) Account No. & Description See above Account Balance See above City Manager Review: 12~') Approved for agenda: @NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S\FngAdmln\Projects\2004\2004-006\OFFICIAL\MEFAgnd reg CO#1 Fin GC 6.6.06.doc ~ Writer's Direct line: 561/243-7091 MEMORANDUM DATE: June 6, 2006 TO: City Commission David Harden, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Updated Revisions to Contract with Artist for the Public Art Bridee Underpass Proiect at Veterans Park It is unclear as to how long it may take the City to obtain permission from FOOT to construct this project on the Atlantic Avenue bridge underpass. Therefore, I have modified paragraph 12 to reflect that the first 50% payment shall not be made until we issue the notice to proceed, which will not be issued until we have the approval. I have also inserted a new paragraph 21 to provide that the City may terminate this Agreement if the approval to construct the project is not obtained from DOT within 6 months from the execution of this Agreement. Attachment cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer ~\ \4\fN ~ ~~~ ~~ ~ ~~<Y) C6.\ AGREEMENT BETWEEN THE CITY AND ARTIST FOR THE ATLANTIC AVENUE BRIDGE UNDERPASS AT VETERAN'S PARK PROJECT THIS AGREEMENT made this day of and between the CITY OF DELRA Y BEACH (hereinafter called MICHIKO KURISU (hereinafter called ARTIST). WITNESSETH: ,20_, by CITY) and The CITY and the ARTIST in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned ARTIST hereby represents that she has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The ARTIST, as evidenced by the execution of this Agreement, acknowledges that she has examined all specifications and requirements of this RFP. The ARTIST further acknowledges that the RFP price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the ARTIST include the Agreement and the documents which are attached hereto. 4. The ARTIST shall complete construction of the art project, hereinafter referred to as the 'WORK", within six months of receiving a notice to proceed from the CITY, unless extended by written agreement. 5. This Agreement shall be governed by the laws of the State of Florida as now and thereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to CTIY: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to ARTIST: Michiko Kurisu 88 South Ocean Blvd, #3 Delray Beach, FL 33483 7. The ARTIST shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the ARTIST shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the ARTIST each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the ARTIST shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the ARTIST and any persons employed or utilized by the ARTIST in the performance of this Agreement. ARTIST agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. ARTIST agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the ARTIST, its agents, servants or employees. ARTIST further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the ARTIST to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the ARTIST, its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the ARTIST the specific consideration of ten dollars and other good and valuable consideration as specific cOnsideration for the indemnification provided herein. Furthermore, the ARTIST acknowledges that the bid price includes said consideration for the indemnification provision. 10. The CITY may, in its sole discretion, terminate this Agreement upon 10 days notice to the ARTIST. Upon termination the Artist shall only retain such funds that have been expended to date. The remaining funds, if any shall be returned to the CITY within 30 days of the termination. 11. ARTIST shall provide the CITY with a written Bill of Sale conveying title to the CITY, and a sworn statement of no liens, claims or other encumbrances. Such documents shall be in a form acceptable to the CITY. 12. The ARTIST shall be paid a fee of $48,480.00 for the WORK. The CITY shall pay 50% of the fee within 10 days of the issuance of the notice to proceed by the CITY. The remaining 50% shall be paid upon completion and acceptance of the WORK by the CITY. 13. The ARTIST warrants that the WORK shall be free of defects in material and workmanship and that the ARTIST shall correct at her expense any such defects which appear for a period of one (1) year from delivery of the Bill of Sale for the WORK. 14. The ARTIST warrants that the WORK is an original and that the WORK does not infringe upon any copyright. 15. Title to the WORK shall vest in the CITY upon completion of the WORK. The CITY may reproduce images of the WORK, for non-commercial use, including but not limited to public information, educational and promotional purposes without written consent of the ARTIST. 16. The ARTIST retains (1) copyright of designs created (2) all rights to the Artists Rights Act of 1990, and any successor act, except that the ARTIST hereby waives the rights under 17 U.S.C. 106A, and (3) all rights expressly granted in this Agreement. 17. The ARTIST hereby acknowledges that the artwork will become an integral part to the streetscape and that installation and integration of the artwork may subject the artwork to future removal, destruction, or other modifications by reason of its removal from the structure or the renovation, destruction or redevelopment of the structure. Notwithstanding the foregoing, the ARTIST hereby consents to the incorporation of the artwork into the streetscape and waives any rights in the artwork granted by 17 U.S.C. 106A, Visual Artists Rights Act of 1990. 18. ARTIST's rights, including but not limited to all copyrights, if applicable, under this Agreement are not assignable and shall cease with ARTIST's death and do not extend to ARTIST's heirs, successors or assigns. CITY's rights and obligations under this Agreement may be assigned without the consent of ARTIST at any time, without prior notice to ARTIST. 19. ARTIST shall notify the CITY of any permanent change of address from that stated in Paragraph 14 hereof, and the failure of ARTIST to do so shall be deemed a waiver by ARTIST of ARTIST's rights to enforce those provisions of this Agreement that require the express approval of ARTIST. 20. The ARTIST shall provide insurance in a form and an amount as requested by the CITY. 21. The CITY may terminate this Agreement, without any penalty or cost, if approval to construct the Work is not obtained from the appropriate governmental entity within 6 months of the execution of this Agreement. 22. This Agreement shall be considered null and void unless signed by both the ARTIST and the CITY. 23. This Agreement and the documents attached hereto constitute the entire agreement between the CITY and the ARTIST and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. City Clerk CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor ATTEST: Approved as to form: City Attorney WITNESS: ARTIST: MICHIKO KURISU By: (please type or print name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 200_ by Michiko Kurisu. He/She is personally known to me or has produced as identification. Signature of Notary Public - State of Florida ftJrY [ITY DF DElRA' BEA[H CITY ATTORNEY'S OFFICE 2()() NW 1st AVENUE' DELRAY Bb\CH, FLORIDA 33444 TELEPHO\iE 56 I !2-D-7()l)() . FACSIMILE: 561/278-475) DELRAY BEACH F LOR I [) ^ D.e.d All-America City , III I! DATE: Writer's Direct Line: 561/243-7091 MEMORANDUM June 2, 2006 1993 2001 TO: FROM: City Commission David Harden, City Manager P--.~ . Brian Shutt, Assistant City Attorney SUBJECT: Award of Contract for the Atlantic Avenue Bridae Underpass at Veteran's Park Proiect At its May 22, 2006 meeting the Public Art Board unanimously recommended that the RFP for the Atlantic Avenue Bridge Underpass at Veteran's Park art project be awarded to Michiko Kurisu. The amount to be paid to the Ms. Kurisu per the RFP is $48,480.00 of which 50% will be payable to Ms. Kurisu within 15 days of the execution of the agreement by both parties and the remaining amount will be payable upon completion and acceptance of the project by the City. The agreement provides for a 6 month time frame in order to complete the project once the notice to proceed from the City has been issued. Our office requests that this item be placed on the June 6, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer Paul Darling, Director of P&Z 2\ AGREEMENT BETWEEN THE CITY AND ARTIST FOR THE ATLANTIC AVENUE BRIDGE UNDERPASS AT VETERAN'S PARK PROJECT THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRA Y BEACH (hereinafter called CITY) and MICHIKO KURISU (hereinafter called ARTIST). WITNESSETH: The CITY and the ARTIST in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned ARTIST hereby represents that she has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The ARTIST, as evidenced by the execution of this Agreement, acknowledges that she has examined all specifications and requirements of this RFP. The ARTIST further acknowledges that the RFP price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the ARTIST include the Agreement and the documents which are attached hereto. 4. The ARTIST shall complete construction of the art project, hereinafter referred to as the 'WORK", within six months of receiving a notice to proceed from the CITY, unless extended by written agreement. 5. This Agreement shall be governed by the laws of the State of Florida as now and thereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to CTIY: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to ARTIST: Michiko Kurisu 88 South Ocean Blvd, #3 Delray Beach, FL 33483 7. The ARTIST shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the ARTIST shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the ARTIST each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the ARTIST shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the ARTIST and any persons employed or utilized by the ARTIST in the performance of this Agreement. ARTIST agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. ARTIST agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the ARTIST, its agents, servants or employees. ARTIST further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the ARTIST to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the ARTIST, its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the ARTIST the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the ARTIST acknowledges that the bid price includes said consideration for the indemnification provision. 10. The CITY may, in its sole discretion, terminate this Agreement upon 10 days notice to the ARTIST. Upon termination the Artist shall only retain such funds that have been expended to date. The remaining funds, if any shall be returned to the CITY within 30 days of the termination. 11. ARTIST shall provide the CITY with a written Bill of Sale conveying title to the CITY, and a sworn statement of no liens, claims or other encumbrances. Such documents shall be in a form acceptable to the CITY. 12. The ARTIST shall be paid a fee of $48,480.00 for the WORK. The CITY shall pay 50% of the fee within 15 days of the execution of this Agreement. The remaining 50% shall be paid upon completion and acceptance of the WORK by the CITY. 13. The ARTIST warrants that the WORK shall be free of defects in material and workmanship and that the ARTIST shall correct at her expense any such defects which appear for a period of one (1) year from delivery of the Bill of Sale for the WORK. 14. The ARTIST warrants that the WORK is an original and that the WORK does not infringe upon any copyright. 15. Title to the WORK shall vest in the CITY upon completion of the WORK. The CITY may reproduce images of the WORK, for non-commercial use, including but not limited to public information, educational and promotional purposes without written consent of the ARTIST. 16. The ARTIST retains (1) copyright of designs created (2) all rights to the Artists Rights Act of 1990, and any successor act, except that the ARTIST hereby waives the rights under 17 U.S.C. 106A, and (3) all rights expressly granted in this Agreement. 17. The ARTIST hereby acknowledges that the artwork will become an integral part to the streetscape and that installation and integration of the artwork may subject the artwork to future removal, destruction, or other modifications by reason of its removal from the structure or the renovation, destruction or redevelopment of the structure. Notwithstanding the foregoing, the ARTIST hereby consents to the incorporation of the artwork into the streetscape and waives any rights in the artwork granted by 17 U.S.C. 106A, Visual Artists Rights Act of 1990. 18. ARTIST's rights, including but not limited to all copyrights, if applicable, under this Agreement are not assignable and shall cease with ARTIST's death and do not extend to ARTIST's heirs, successors or assigns. CITY's rights and obligations under this Agreement may be assigned without the consent of ARTIST at any time, without prior notice to ARTIST. 19. ARTIST shall notify the CITY of any permanent change of address from that stated in Paragraph 14 hereof, and the failure of ARTIST to do so shall be deemed a waiver by ARTIST of ARTIST's rights to enforce those provisions of this Agreement that require the express approval of ARTIST. 20. The ARTIST shall provide insurance in a form and an amount as requested by the CITY. 21. This Agreement shall be considered null and void unless signed by both the ARTIST and the CITY. 22. This Agreement and the documents attached hereto constitute the entire agreement between the CITY and the ARTIST and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: Jeff Perlman, Mayor City Clerk Approved as to form: City Attorney WITNESS: ARTIST: MICHIKO KURISU By: (please type or print name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 200_ by Michiko Kurisu. He/She is personally known to me or has produced as identification. Signature of Notary Public - State of Florida Atlantic Avenue Bridge Underpass eTA - M. Kurisu 2006 III. PROPOSAL As an artist living in Delray Beach for 7 years, I have been influenced more than anything else by the quality of light here, and proximity to the ocean. Additionally, close association with Japanese garden design & construction via the Morikami Museum has heightened my understanding of subtle form and texture in landscape, and the importance of the built environment as meditative public space. My vision for the AABU combines these two loves - light & color as experience and meditative spaces - with a conviction that people (not just artists) need this kind of encounter in everyday life. Light and landscape are the art; the AABU is no longer simply a space, but a momentary experience of calm & tranquility. I propose transforming the AABU through the use of light. color & texture into a space that invites passersby, and transports them into another world. A polycarbonate (Lexan) wall glows with lights programmed (in real time sequences derived from recordings of ocean rhythms - yes! this is possible) in aquatic colors to gently fade in and out across its length, like tides. Combined with colored lights suffusing the ceiling, the AABU is literally filled with light during the day and night...passersby feel as though they have just arrived under the sea. A slope of washed shell - suggesting the ocean floor (and Zen meditation gardens) covers existing concrete bags, reflecting light from the wall and ceiling. Landscaping suggests undersea plants; the careful placement of boulders creates an inviting "flow" into and out of the space. r"-~ \ \ t. AABU Proposal - M.Kurisu 04.2006 North Side Entrance with Blue Lighting, Cap Rock & Landscaping l Washed Shell Slope with Blue Lighting Atlantic Avenue Bridge Underpass eTA - M. Kurisu 2006 VI. MAINTENANCE REQUIREMENTS · DETERRING VANDALISM - a determined bunch, vandals will be vandals just about anywhere they can crawl, climb, or shimmy (e.g. Nye subway tunnels & signs above Interstate highways). However, in general vandalism happens in the DARK. This proposal is all about LIGHT; the AABU will be well lit at any point in the day & attract (non-vandalizing) folk, whose presence would in turn deter vandals. In addition, covering the existing concrete "steps" with loose washed shell, combined with an attractive "barrier" of low-light plants along the base of the slope that discourage accessing the slope, e.g. sansevieria, would prevent lazy vandals from simply strolling up the slope with spray can in hand. · "UGHT WALL" - Low to no maintenance requirements. Lexan is a virtually unbreakable polycarbonate 250 times the strength of glass. It is hurricane rated in Dade county; most commercial signage that survived the last hurricane season was made of Lexan. Lexan is UL listed for outdoor use, is UV & salt-spray resistant (it is used in marine settings). In the case of graffiti vandalism, the manufacturer suggests Naptha solvent to clean. · LIGHTS & CONTROL BOX - low to no maintenance. These energy-efficient LED lights & fluorescent bulbs retrofitted to existing lights are virtually maintenance-free. They are weatherproof for outdoor use. The control box used to program the light kinetics could be located above in the bridge house, or utility room on site. · LANDSCAPING - very low maintenance. Drought and salt-tolerant plants such as dwarf Sansevieria, Calathea burle marx, Caladium bicolo" Fakahatchee grass & ferns (currently thriving in AABU location) require little maintenance once established. -~ Atlantic Avenue Bridge Underpass eTA - M. Kurisu 2006 VII. BUDGET I. LIGHT WALL Materials, fabrication & installation $15,000 II. LIGHTING Equipment & installation $15,000 III. 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RESUME Michiko Kurisu - Artist, Photographer Michiko Kurisu moved to Defray Beach, FL in 1999 to document with photographs and video the development of Rojien, the Japanese Gardens at the Morikami Musuem in Delray. Michiko's personal work - which concerns color fields and the experience of place - often leads her to into natural landscapes and has gained her recognition as an emerging artist in South Florida. Professional Experience: · Kurisu International, Inc., Photography & Design 1999 - Present Garden photography, website design, marketing collateral design, special project graphic design. · Photography Instructor, Toussaint L'Ouverture High School for Arts and Social Justice 2005-2006 · Freelance Photography & Design 2001 - Present Selected Clients & Publications: · The Morikami Museum and Japanese Gardens · Sandoway House Nature Center · Save the Children · The New York Times · The Palm Beach Post · Palm Beach Illustrated · Florida International Selected Honors, Education, & Activities: · Palm Beach County Cultural Council Artist-in-Residence 2005-2006 · Boca Raton Art Museum 54th All Florida Juried Exhibition 2005 · FAU Ritter Art Gallery, "Haitians of Florida: The Hope and the Future" 2005 · Brown University, BFA 1999 - a series of site specific, multimedia sculptures were created on campus, including outdoor and publiC space installations. Pleaseinquire for detailed descriptions, as documentation for these artworks is not available. I(URISU I nternationa{ PO Box 12510, Portland. OR 97212 . info@kurisu.com . Tel503.244.5137 . Fax 503.246.0137 Kurisu Internationa4 Inc. BACKGROUND Headquartered in Portland, Oregon, Kurisu International has established itself as one of the nation's premier landscape design I build firms. Expert in both Japanese gardens and healing gardens, Kurisu addresses projects with an acute aesthetic sensibility, and an evidence-based approach that uses natural patterns to solve complex design challenges. PHILOSOPHY Good design is inherently local. Derived from ecology in its broadest sense, Kurisu's approach to landscape, business and life depends on rigorous study of local conditions, sensitivity to history, and above all, humility. The result is whole-!Jstem design, a methodology deeply rooted in the specificity of place, people, and purpose, and uniquely suited to draw out nature's ability to meet humanity's need for inspiration, restoration, and healing. CAPABILITY Kurisu provides comprehensive design, construction, and consulting services on projects as intimate as residential courtyards and as vast as public parks. Our clients are people and institutions who seek to answer the demands of everyday living with the power of exceptional natural landscapes. AWARDS Kurisu has twice visited the White House to receive the National Landscape Award, in 1988 from First Lady Nancy Reagan and in 1992 from First Lady Barbara Bush. Recently, Kurisu received two major awards for The Morikami Japanese Gardens: The ALCA Grand Award in design and the ALCA Judges' Award for overall excellence. TRADE AFFILIATIONS American Society of Landscape .An:hitects (ASLA) American Institute of Atchitects (.AlA) American Nurse!:}'" and Landscape Association (~-\NL\) Associated Landscape Contractors of America (.ALCA) American Association of Botanical Gardens & Arboreta (A..ABGA) National Landscape Association (NLA) Construction Specifications Institute (CSI) Home Builders Association (HBA) Japanese Garden Society of Oregon www.kurisu.com ~ KURISU Il1ternatioJ1a[ PO Box 12510, Portland, OR 97212 info@kurisu.com Fax 503.246.0137 Tel 503.244.5137 Hoichi Kurisu} President & PrimipaJ Designer President and Founder of Kurisu International, Inc., Hoichi Kurisu studied landscape design and construction under distinguished designer Kenzo Ogata in Tokyo, Japan. From 1968 to 1972, Hoichi served as Landscape Director for the Japanese Garden Society, and supervised construction of the Portland Japanese Gardens. . In 1972, Hoichi founded Kurisu International, Inc., a landscape design/build firm whose unique gardens create "inner space" for inspiration and healing. Kurisu believes in the restorative powers of nature and the necessity of natural encounters for lasting health of our minds, bodies, and communities. In pursuit of this mission, Kurisu has established a reputation for gardens of the highest quality and has completed projects across the United States and internationally. Professional Experience: · Japanese Garden Society Landscape Director 1968 - 1972 . Kurisu International, Inc. President, Founder and Principal Designer 1972 - Present . Study under Master Gardener Kenzo Ogata 1964 - 1968 Selected Honors and Activities: . Vice President of the First International Symposium on Japanese Gardens Portland, Oregon, October 1996 . National Landscape Award presented at the 'White House Washington, D.C., 1992 & 1998. . ALCA Environmental Improvement Grand Award 1979,1983,1987,1989,1994,1997,2001 . Named one of top 10 most influential Japanese garden designers worldwide Roth Journal, 2005 Education: . Waseda University, Tokyo B.A. 1961 ~\ffiliations: ~\merican Society of Landscape Architects (.\SL\) American Institute of ~\rchitects (AL\) Construction Specifications Institute (CSl) www.kurisu.com Maximum Production Services Incorporated http://www.mps-inc.net CONTACT US PRODUCTION SERVICES EQUIPMENT RENTALS INSTAllATION SERVICES PHOTO GALLERY 1 PHOTO GALLERY 2 PHOTO GALLERY 3 2of3 4/21/06 11:35 AM Page Title http://www.mps-inc.netlpage47.htJr PRODUCTION SERVICES: DESIGN SERVICES: w. can design your production or permanent lighting, using the WYSIWYG (what you see is what you get) visualization system. WYSIWYG Is a three part system comprised of, WYSICAD, the 3-D CAD rendering tool. A powerful modeling tool which assists us In providing accurate line drawings and shaded renderings. WYSIPAPER, the data management tool. From the design studio to the shop, and on to the show, everything has its place. WYSIPAPER ensures that information flows seamlessly from drawing board to completed Installation. WYSIWYG, the virtual lighting I rendering tool. Connected to our lighting console, we can pre-program entire productions, render the scenes, and save hours of on-site programming time. 1 of 2 4121106 11 :37 AM Page Title http://www.mps-inc.net/page47 .htrr SET DESIGN/CONSTRUCTION and AUDIO-VISUAL Support: Using WYSIWYG, we can design and build your set as well. Just as with the lighting design, we can render the completed set, lighting, and audio-visual components. w. pride ourselves on the ability to consider all aspects of the project, and how they Interact In the real world. Slghtllnes. projection distances, audience seating, code requirements, speaker cabinets, video screens, te'e- prompters, staging, props, control and backstage areas all affect the success of the final project. Mailing/Shipping ADDRESS: MAXIMUM PRODUCTION SERVICES, INC. 1305 Poinsettia Drive, Suite F1 DELRAY BEACH, FLORIDA 33444 DESIGN STUDIO': (561) 274.6911 FAX: (561) 431.0353 PREVIOUS 20f2 4/21/06 11:37 AM Page Title 2of2 LIBERTY MUTUAL 2000 GORE 2000 http://www.mps-inc.net/page3.htm DB.RAY 8I!ACH, NEW YEARS 2000 4121/06 11 :36 AM PHOTO GALLERY 1 http://www.mps-inc.netlpage2.htll MT. SINAI HOSPITAL 2001 ARMANI SPRING 'ASHION SHOW, 2001 PRIVATI! EVENT, BNAlISRAEL 2001 2of2 4/21/06 11:38 AM .- MEMORANDUM TO: MAYOR AND CITI COMMISSIONERS FROM: ~ITI MANAGER SUBJECT: AGENDA ITEM # <6 U - REGULAR MEETING OF JUNE 6, 2006 RESOLUTION 40-06 /PARK NAMING DATE: JUNE 2, 2006 This is before the Commission to approve Resolution No. 40-06 formally adopting the names of three City parks. At the May 9, 2006 City Commission Workshop Meeting, the Commission chose the names of Eagle Park for City-owned land located on the north side of Atlantic Avenue in front of Atlantic High School; Bexlry Tratf Community Park for City-owned land located adjacent to the Bexley Park development and Lakeview Park for land leased by the City from Palm Beach County located off of N.W. 11th Street and adjacent to Lake Ida. Recommend approval of Resolution No. 40-06 naming three City parks. S:\City Clerk\agenda memos\ Resolution 40-06 Park Naming 060606 RESOLUTION NO. 40-06 A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, NAMING THREE CITI PARKS. . WHEREAS, the City owns land located on the north side of Atlantic Avenue in front of Atlantic High School and wishes to name this park area "Eagle Park"; and WHEREAS, the City owns land located adjacent to the Bexley Park development and wishes to name this park area "Bexley Trail Community Park"; and WHEREAS, the City leases land from Palm Beach County located off of N.W. 11th Street and adjacent to Lake Ida and wishes to name this park area "Lakeview Park". NOW, THEREFORE, BE IT RESOLVED BY THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the above recitals are incorporated as if fully set forth herein. Section 2. That the park area located in front of Atlantic High School be named "Eagle Park"; the Bexley Park location be named "Bexley Trail Community Park"; and the Lake Ida location be named "Lakeview Park". PASSED AND ADOPTED in regular session on this the _ day of 2006. MAYOR ATTEST: City Clerk f,(-P Community Improvement Memo From: David Harden, City Manager . ~ Lula Butler, Director, Community Improvement ll./ June 2,2006 Change Order/CDBG Housing Rehabilitation Project To: Date: Re: ITEM BEFORE THE COMMISSION: Approval of a change order in the amount of $20,000 for additional costs associated with the rehabilitation of an eligible structure funded under the Community Development Block Grant Program. The amended contract cost will be $132,000. The homeowner's contribution from insurance proceeds is $50,000. BACKGROUND: City Commission approved the initial contract in the amount of $112,000 for a family whose home sustained substantial damages from Hurricane Wilma, displacing the family of seven. The approval of the contract provided for a forgivable loan that exceeded the maximum allowed under approved policies and procedures. The change order is requested as a result of additional costs associated with providing central air and heat to the home ($8500); increase plumbing to change the water service from the street to the house from 2 lines to 1 ($1500); demolition of existing and the construction of new framing for interior walls ($5000); additional cost for the electric after anticipated donated materials were not realized ($3000) and an increased allocation for changes to the front elevation of the structure providing for one central access ($2000). The City remains the agent and this office is responsible for monitoring all work performed by the contractor, ensuring compliance according to specifications and program guidelines. RECOMMENDATION: Staff is recommending approval of the change order in the amount of $20,000 as listed above for the approved CDBG Rehabilitation Project. '6\1 ~ . CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITAITON PROGRAMS CHANGE ORDER # 1 FILE# 0'i-091 Homeowner: McClenehan Contractor: TMnRC'::l RlIilc1ers Property Address: 23 SW 9th Street Contractor Address: 9652 Tavernier Drive Boca Raton, FL 33496 Delray Beach, FL33444 Rehabilitation Contract Dated: May 5 , ~2006 In accordance with section 108, the followinl!: chanl!:e( s) to the above identified Rehabilitation Contract are requested. Item Orig. Description Increase! Decrease Reason for Change Cost of Change Cost 1 $ 0 Central Air/Heat $ 8,500 Impact windows will not accomodate window units 2 Change water service to 1 line for streets $ 1,500 house 3 Demolish & construct all new framing for $ 5,000 interior walls 4 Electrical supplies :P J,UUU 5 Modification of bldg. $ 2,000 front PO Amount (Contract Amount + 5% Contingency) Contract Amount (-) Prior Change Order Amount(s) (-) Available Contingency Amount Amount This Change Order (-) Remaining Contingency Amount (If Positive Amount) OR PO Increase Required (If Negative Amount) The conditions last above referred to are as follows: A. B. C. The aforementioned change and work affected thereby are subject to all contract stipulations and convents; The rights of the owner are not prejudiced; and All claims against the Owner which are incidental to or as consequence of the aforementioned change are satisfied. Signed: 0)) 1;;6 f?J/ ~~ ate When adjusted contract amount exceeds $10,000.00: Approved By: City Manager: Date: When adjusted contract amount (total of all change orders) exceeds the City's maximum allowable grant amount: Approved By: City Commission: Commission Date ApprovedJDenied Agenda Item No.: c;v AGENDA REQUEST Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: June 2, 2006 When: June 6, 2006 Description of item: Change Order/CDBG Housing Rehabilitation Project Recommendation: Staff recommends authorization and approval of a change order in the amount of $20,000 for additional costs associated with the rehabilitation of an eligible structure. \A~ Department Head Signature: U. - -- -------- - City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: /~O I.J.:1: Funding Alternatives: (if apPli~~2 Account No. & Description: if 8- 17193-- S' $.lI, L/9/1) I ~ Account Balance: <f.ZZ -;- <120, ~ I @f;o ~ City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Recei ved: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITI COMMISSIONERS FROM:~I1Y MANAGER SUBJECT: AGENDA ITEM # ~ \1J - REGULAR MEETING OF JUNE 6, 2006 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JUNE 2, 2006 Attached is the Report of Appealable Land Use Items for the period May 15,2006 through June 2, 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 Clerk\agenda memos\apagmemo 060606 FROM: DA~@~R PAul hORLlNG, DIR O~R OF PLANNING A~? ZONING JASMIN ALLEN, PLANNER / rp:.J/~ t2tft:f) MEETING OF JUNE 6, 200 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS MAY 15, 2006 THRU JUNE 2, 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 May 15, 2006 through June 2, 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 appealabe items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. . Recommended approval (4 to 0, Diane Borchardt, Gary Eliopoulos and Johnny Kincaid absent) of an abandonment of a 50' x 210' unimproved public right-of-way dedicated by the Plat of Lake Ida Shores and located on the west side of NW 8th Avenue, approximately 285' north of Lake Ida Road. . Recommended approval (4 to 0), of a rezoning from RM (Medium Density Residential) to CF (Community Facilities) for two parcels of land located approximately 57 feet north of SW 2nd Street and extending between SW 11 th Avenue and SW 12th Avenue for the Delray Beach Neighborhood Resource Center. . Motion for approval produced a 2 to 2 vote (effectively a non-vote) for a conditional use request to allow the construction of 33 free standing multi-family townhouse units in the GC (General Commercial) zoning district for Island Air Property, located on the east side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. . Recommended approval with changes (4 to 0), of City initiated amendments to the Land Development Regulations Section 2.4.6 "Procedures For Obtaining Permits and Approvals" to provide that properties in single family residential districts may be entitled to a maximum of one extension for a building permit; and Section 4.4.3 "Single Family Residential (R-1) Districts to provide for conditions and restrictions for structures that are under going construction in a single family residential district. City Commission Documentation Appealable Items Meeting of June 6, 2006 . Recommended approval (4 to 0), of amendments to the Land Development Regulations creating a new zoning district Section 4.4.29 MROC (Mixed Residential, Office and Commercial) District; Section 4.3.4 (K) "Development Standard Matrix"; and, Section 4.6.9(C)(8)(a) "Shared Parking" to add MROC (Mixed Residential, Office and Commercial) District as a zoning district which can utilize shared parking. . Recommended approval (4 to 0), of a City initiated amendment to the Land Development Regulations Section 4.3.3 "Specific Requirements for Specific Uses" to provide that certain gasoline stations, kidney dialysis centers, pharmacies, grocery stores, residential buildings with elevators, clubhouses and country clubs shall provide auxiliary power generators within specified time frames. A. Approved 5 to 1, Christina Morrison dissenting, Jose Aguila absent), a request for a color change for Legacy Bank, located on the west side of NE 5th Avenue, north of East Atlantic Avenue (50 NE 5th Avenue). B. Approved with conditions (6 to 0), a Class I site plan modification associated with the installation of a dumpster and associated landscaping for Riverside Bank, located on the south side of West Atlantic Avenue, west of Military Trail (5070 West Atlantic Avenue). C. Approved (6 to 0), a Class II site plan modification associated with the construction of an outdoor storage area for Profiles in Concrete, located on the northeast corner of Poinsettia Drive and Lime Lane (1127 Poinsettia Drive). D. Approved (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 8,620 sq. ft. addition to the Emergency Department and a 1,509 sq. ft. addition to the Radiology Department for the Delray Medical Center, located on the south side of Linton Boulevard, west of Military Trail (5352 Linton Boulevard). E. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of the Swap Shop structures and construction of 104 town home units, 30 condominium units and 15,338 sq. ft. of commercial retail and 6,825 sq. ft. of office uses for Village Pare, located on the east side of North Federal Highway, south of Gulf Stream Boulevard (2001 North Federal Highway). The landscape plan was approved on a 6 to 0 vote. Concurrently, the Board approved an internal adjustment to reduce the building separation between the 3-story townhouse units from 30 feet to 23 feet. F. Approved with conditions (5 to 1, Dan Carter dissenting), a Class V site plan and landscape plan associated with the construction of 75 multiple family dwelling units, 13,900 sq. ft. of office floor area and 13,781 sq. ft. of retail floor area for Royal Palm Club, located at the northeast corner of South Federal Highway and Fladell's Way (2501 South Federal Highway). The architectural elevation plan was approved on a 6 to 0 vote. Concurrently, the Board approved an internal adjustment (4 to 2, Dan Carter and Roger Cope dissenting) reducing the townhouse separation from 30 feet to 18 feet for the interior units specifically buildings 2, 3, 4, 5, 6 and 7. G. Denied (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of one-3-story self storage building with 51,596 sq. ft. storage area and 1,000 sq. ft. of office floor area for Robotic Space Savers, located at the southwest corner of Military Trail and Conklin Drive. 2 City Commission Documentation Appealable Items Meeting of June 6, 2006 1. Approved (4 to 0, Francisco Perez-Azua stepped down, Michelle Reich and Randee Schatz absent), variances reducing a portion of the front building setback from l' to 0'; the rear setback from 5' 8" to 4' 11" and the amount of open space from 6.9% to 6.8% for Block 69 Municipal Parking Garage, located on the west side of SE 151 Avenue, between East Atlantic Avenue and SE 151 Street. 2. Approved (5 to 0), a Certificate of Appropriateness associated with a partial demolition and subsequent addition and alterations to an existing contributing single family residence located at 214 SE 7th Avenue. Concurrently, the Board approved a variance reducing the side interior setback from 7.5 feet to 5 feet. 3. Approved with conditions (5 to 0), a Certificate of Appropriateness associated with additions and alterations to a contributing single family residence located at 1104 Nassau Street. Concurrently, the Board approved a variance reducing the required front setback from 25' to 7'. 4. Denied (5 to 0), a request for a Certificate of Appropriateness associated with the demolition of a contributing structure and construction of a new single family residence for 527 North Swinton Avenue. By motion, receive and file this report. Attachment: Location Map 3 CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - JUNE 6, 2006 ~ <3 '" u, ~ L-30 CANAL o C3 0:: LAKE IDA I I '" u ~ 0:: ... <Xl A TLANnC ~ LOWSON BOULEVARD >- II:: 5 5! UNTON BOULEVARD f""',,,, I I , ~ L"...,j i!: ::. o '" ~ <3 ~ SPRAB A. LEGACY BANK B. RIVERSIDE BANK C. PROFILES IN CONCRETE D. DELRA Y MEDICAL CENTER E. VILLAGE PARK F. ROYAL PALM CLUB G. ROBOTIC SPACE SAVERS "_,,_,,...J"'-" .1 ~ :: ~ ! I I I I ~ I &. o = I [E ~ ~ o <Xl ~ ~ ~ "- ~ o o ~ lU ::!; ~ "- ..... ..... ~ ~ ..... ..... ~ '" l:l ~ ~ u L-38 CANAL C.15 CANAL ~ HPB 1. BLOCK 69 GARAGE 2.214 SE 7TH AVENUE 3.1104 NASSAU STREET 4. 527 N. SWINTON A VENUE _,,_,,_,,_ CITY LIMITS -,,-,,-,,- ONE MILE GRAPHIC SCALE CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT APRIL 2006 - - DIGITAL BASE MAP SYSTEM-- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # 3"" - REGULAR MEETING OF JUNE 6. 2006 AWARD OF BIDS AND CONTRACTS DA1E: JUNE 2, 2006 This is before the City Commission to approve the award of the following bids: 1. Bid award to Atlantic Refrigeration in the estimated annual amount of $39,840.00 for the annual contract for air conditioning services and repairs for City buildings. Funding is available from various building maintenance accounts. 2. Purchase award to Motorola in the amount of $17,969.90 via the Palm Beach County School Board Contract #06C-31R for the purchase of five (5) replacement XTS 5000 Radios for the Police Department. Funding is available from 001-2111-521-64.90 (General Fund/Machinery/Equipment). 3. Contract award to Rosso Paving and Drainage, Inc. in the amount of $225,837.50 for the N.E. 4th Street Improvements Project. Funding is available from 448- 5461-538-65.31 (Stormwater Utility Fund/N.E. 4th St. - N.E. 5th Ave. to N.E. 6th Ave.) 4. Contract award to Pantropic Power, Inc. in the amount of $19,635.78 for replacing the generator at the South Pump Station. Funding is available from 442-5178-536-64.90 (Water/Sewer Renewal & Replacement Fund/Other Machinery & Equipment). 5. Contract award to Adelphia in the amount of $19,607.00 for the installation of fiber optics at Catherine Strong Park to enable access to the City's Network. Funding is available from 001-4137-572-46.90 (General Fund/Other Repair/ Maintenance Costs). 6. Purchase award to Hector Turf in the amount of $20,641.12 via the GSA Contract #GS-00F-0087M for the purchase of one (1) Toro Greensmaster 3100 Mower for the Lakeview Golf Course. Funding is available from 446-4761-572- 64.90 (Lakeview Golf Course Fund/Other Machinery/Equipment). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo 060606 ~ MEMORANDUM TO: David T. Harden, City Manager FROM: J acklyn Rooney, Purchasing Manager THROUGH: Joseph Safford, Finance Director DATE: May 23,2006 SUBJECT: DOCUMENT A TION - CITY COMMISSION MEETING JUNE 06, 2006 - BID AWARD - BID #2006-27 AIR CONDITIONING SERVICES AND REPAIRS ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve bid award to Atlantic Refrigeration for the annual contract for air conditioning services and repairs for various City buildings at an estimated annual cost of$39,840. Background: Bids were received on April 26, 2006, from seven (7) contractors all in accordance with Purchasing Policies and Procedures. (Bid #2006-27 on file in the Purchasing Office). A tabulation of bids is attached for your review. The Deputy Director of Public Works recommends award to low bidder, Atlantic Refrigeration for the estimated annual cost of $38,840 per attached memo dated May 16, 2006. Atlantic Refrigeration is our current awarded vendor for these services and their response time and level of services has been acceptable. Recommendation: Staff recommends award to Atlantic Refrigeration for the annual contract for air conditioning services and repairs at an estimated annual cost of $39,840. Funding to be provided from various departments' operating budgets. Attachments: Tabulation of Bids Memo from Deputy Director Public Works ~x~ City Of Delray Beach Department of Environmental Services M E M o R A N D u M . www.mvdelravbeachcom SUBJECT: Jacklyn Rooney, Purchasing Manager Clayton Gilbert, Building Maintenance Superintendent c{} James Schmitz, Deputy Director of Public Works ~ Air Conditioning Services and Repairs - Annual Contract TO: FROM: THROUGH: DATE: May 17,2006 I reviewed the bids for the "Air Conditioning Services and Repairs" for City Buildings (Bid # 2006-27) and recommend that the contract be awarded to Atlantic Refrigeration Corporation. They presently have the contract with the City of Delray Beach for Air Conditioning Services, and their response time and level of service has been acceptable. If you have any questions, please call me at x 7339. 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Z I ~ 0 C) 0 AGENDA ITEM NUMBER: '6~ .1- AGENDA REQUEST Request to be placed on: June 06, 2006 Date: May 23, 2006 XX Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approve award of Bid #2006-27 to low bidder, Atlantic Refrigeration, for an annual contract for air conditioning services and repairs for City buildings at an estimated annual cost of $39,840. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve the award to Atlantic Refrigeration for annual contract for air conditioning services and repairs at an estimated annual cost of $39,840. Funding from various departments operating budget. Department Head Signature: f>1~~ ~ Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: @ L~ No Funding alternatives: (if applicable) Account Number: V f1..l1 OU~ kt I tli 116 YVlfLIIlJtr. LA. a{ L~' s: Account Description: Account Balance: 1/7 2.J",u 7 I Ii 11 () q~rt:>J 4/7tLkt/; d; 11 Y11fJ.i it! . City Manager Review: fiA;~~t 0510~/uJ;/1 >)'Itl ~ No Qf c. m~',r/-c-f1 ~ 0.. J.. Approved for agenda: Yes ~~ Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved ~ MEMORANDUM TO: David Harden City Manager FROM: Tina L. Lunsford Administrative Officer DATE: May 19,2006 SUBJECT: AGENDA REQUEST Attached is an Agenda Request for the City Commission meeting on June 6,2006 to approve the purchase of (5) replacement XTS 5000 Radios. The Police Department was approved for the purchase of five replacement radios in the 05/06 Budget. These radios will be used to replace radios that have been damaged and spares for radios sent out for repair. Pricing is from the Palm Beach County School Board Contract #06C-31R with Motorola. The total purchase price is $17,969.90. Funding is available in account number 001-2111-521-64.90. Should you require further information, please contact me at ext. 7852. TLL/rmh Attachment cc: Chief J.L. Schroeder '6~ 05/06/2006 08:B~ 9547238779 MU I URULA INt: !~ 50 SB ...! 8...0 N~~ .. ,.. - I CD _ . a; CD a: c ~ w e ~ o ~ <"" ~ <'"'l E '1 ~ J rI) ~ I ~ ~ .I I ~ Ii ~ ~ J I ~ 1 I ',;I e = ! ! ~ ~ ~ ~ J a; i .. ! ~ .. tJ rn < ~ if cI ~ ... 11 o I I i Q ...: g. D. Gt, I! ~ r ~ ! ... IC:A. < -= .. I ti 8 co SiJ~j.l~~ ~ ~ I P:~~ E-I -< ~ ! ~! o .. .. .. .. ~ 211~ !; I i.eOV"lOC800If'lOS 'C .! q I"': "'! q . "1 ~ C"! C! 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J~!!et2 i J,~il-l' .1:~~~lcdr iSi 1~~~;;iltSfg6 BiN!~~!X! filiI P.E-3"I-~lt;:z w~_ 'laji!~ilimi~~~J jl'I~! ~tlj ~ ~~~~ -,!.iile.:e~o"'~o- '51 e'"J".E... ij. ~ ffi io~ i . IIll'!' fJfa:!i ~t8J" 11"').1-1 ~~<wa: JJ!lllil1:~;Si~i' '1ltJ"'il~~a~j!:!ii ~ !f~:Di'!!iiC~~~L~ J ,&'rJlla::li~gi. !itfJiI~IJ!~~;~~i .Itll "'~.~gf5Yl~! a~~~~I!I~~~~~J ..;t'lt'S.. od..... <Ii cIi I-'AlX. I1:U 11::1 AGENDA ITEM NUMBER: () ~;J.. AGENDA REOUEST Request to be placed on: _ Consent Agenda Jv\1M.. Ul ~ When: ~, 2006 x Regular Agenda _ Workshop Agenda _ Special Agenda Description of agenda item (who, what, where, how much): The Police Department was approved for the purchase five (5) replacement radios in the 05/06 Budget. These radios will be used to replace radios that have been damage and spares for radios sent out for repair. Purchase will be made from the Palm Beach County School Board Contract #06C-31R with Motorola. The total purchase price is $17,969.90. Funding will be provided out of the 001- 2111-521-64.90 account. City Attorney Review/Recommendation f Department Head Signature: Budget Director Review (required on all items involving expenditure of funds): Funding Available: (f)/ No Initials: /11 Account Number 001-2111-521-64.90 Description Machinet:y /Equipment Account Balance: $52.150.00 Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: Q No Initials: ~' Hold Until: Agenda Coordinator Review: Received: ~~ 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 William A. Grieve, P.E., Assistant City Engineer LN Do G:f TO: DATE: May 30, 2006 SUBJECT: NE 4th Street Improvements Project # 2002-037 Commission Agenda Item The attached agenda item is for Commission approval/authorization for the Mayor to execute construction contract with Rosso Paving and Drainage, Inc. for the construction of improvements on NE 4th Street. This project specifically includes: maintenance of traffic; demolition and site grading; abandoning a portion of an existing 6-inch water main in place; relocation of underground utilities and appurtenant structures (e.g., drainage and underground telephone); installing a new fire hydrant and miscellaneous valves and connecting to an existing water main; new installation or relocation of traffic signs and appurtenant structures, integrated with previous work (by others) consisting of new and/or relocated aboveground utility cables, traffic signals and controls, and related structures; landscaping; roadway milling, removal and resurfacing; new sidewalk, curbs, gutters and ramps; and pavement striping. The costs of the improvements are $225,837.50. A complete Bid Tabulation is attached. Funding is available as follows: f.~.mc!ing Source NE 4th Street Account Number Balance Contract 448-5461-538-65.31 $225,837.50* $225,837.50 * Following Transfer Location maps are attached. 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D- <( O/l D- o o ci o o ~ ~ w <.9 o ::J co ~ (") o N o o 5)l N o o 5)l III U Ql "Q C:: C "E "0 <( Cl C ~ iJj Date: May 30, 2006 AGENDA ITEM NUMBER: ~~.3 (g AGENDA REQUEST Request to be placed on: -X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: June 6, 2006 Description of Agenda Item (who, what, where, how much): The attached agenda item is for Commission approval/authorization for the Mayor to execute construction contract with Rosso Paving and Drainage, Inc. for the construction of improvements on NE 4th Street. This project specifically includes: maintenance of traffic; demolition and site grading; abandoning a portion of an existing 6-inch water main in place; relocation of underground utilities and appurtenant structures (e.g., drainage and underground telephone); installing a new fire hydrant and miscellaneous valves and connecting to an existing water main; new installation or relocation of traffic signs and appurtenant structures, traffic signals and controls, and related structures; landscaping; removal and resurfacing; new sidewalk, curbs, gutters and ramps; and pavement striping. Total Cost of Service Authorization = $ 225,837.50. Reconunendation: Approval ~ -rr4 Department Head Signature: l ~ ~ )'-~,> - \)(0 City Attorney ReviewlReconunendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available(y~~J No Initials: &:;I, '--" Account Number 448-5461-538-65.31 Description NE 4th St - NE 5th Av to NE 6th Av ,I tv/11't i,(fVt!iil1 $225,837.50 Account Balance: Funding Alternatives: (if applicable) City Manager Review: ~.g,~ Approved for Agenda~No Initials: Hold Until: Agenda Coordinator Review: Received: s: \EngAdmin \Projects \2002\2002-037\OFFICIAL \06-06-06 agenda.doc ~(.~ City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com TO: David Harden, City Manager :# Victor Majtenyt, Deputy Director of Public Utilities FROM: SUBJECT: RADIATOR REPAIR ON SOUTH PUMP STATION GENERATOR Commission Agenda Item, Contract Award DATE: MAY 30, 2006 Attached is an Agenda Request for City Commission to approve an award of contract to Pantropic Power, Inc. for replacing the radiator on the generator at the south pump station. In the past months, several repairs have been made to the radiator on the 500KW generator, each attempt realizing a leak in another area of the radiator core. The radiator unit is original equipment made by Caterpillar dating back to the late seventies, and is beyond the state of repairs. Soliciting quotes from area suppliers for after-market parts was non-responsive. Pantropic Power, Inc. is the authorized Caterpillar power systems dealer for south Florida. The contract proposal is for removal of the old unit and replacement with an original equipment Caterpillar unit with associated hoses, clamps, hardware, and coolant. Considering the age of the generator and the sparse availability of parts for this unit, the City will retain the old radiator as a spare for emergencies. Staff recommends City Commission award a contract to Pantropic Power, Inc. in the amount of $19,635.78 for the radiator replacement on the south tank generator. Funding is available from account 442- 5178-536-64.90, Water and Sewer Renewal & Replacement! Other Machinery & Equipment. cc: Richard Hasko; DirectorofESD Bob Bullard; Manager of Maintenance, ESD City Clerks Office Agenda File 06-06-06 File S:\EngAdmin\Projects\misc. emergency repair\Agda Memo Pantropic 06.06.06.doc ~lt ~ >"~" *$\& , ,{ -- I" I ;..l~%lq CAll' {, ",/1 c! v: f f f 4$/." < ~ " fftiJ ; } ! J ~ I; /: ~' ~: ~ > ~~~ " ~ '"' ".z ?i>> , ~ Pantropic Power, Ine. ONE SOURCE - ONE CAll - ONE SOLUTION'" Eddie Riveron E-mail: exriverO@DsntroDic.com Tel: (305) 477-3329, ext. 3159 Fax: (305) 477-1943 Cell: (954) 214.1277 ,W/W.pantfOpiccoro Monday, May 22, 2006 City Of Delray Beach Attention: Harold Williams 434 S. Swinton Ave Delray Beach, Fl.333444 Contact Tel: 561. 243.7306 Fax 561.243.7344 williamsh@ci.delray-beach.fl,us Reference: Repairs Dear: Harold The following is formal estimates to perform service repairs on you're Cat-34l2w/SN#38S06430. We will remove and replace the radiator & all hoses & ELC coolant, based on his recent inspection of your generator, has made this recommendation. Air filters Description of Service Remove Radiator Remove Hoses Install New Radiator Install New Hoses Gasket core radiator Radiator cap Radiator hardware ELC coolant (55 gal) Parts & Labor (I-tech/I helper 40hrs extended price $ 19,635,78+tax When job is completed, we will test your unit and make sure it is running in satisfactory condition. This Quote is good for 5 days. Please Sign if the quote is ok and provide me a hard copy of the P.O# To schedule appointment, please Eulises Ramirez at (305) 477-3329, ext. 3155 Any discrepancies occurring during repairs will be quoted before job completion. If you have any further questions concerning the above, please contact me at your earliest convenience at the number provided above. Sincerely, Eduardo Riveron Customer Service and Rental Representative Mimi Fan lIIuderdele West Pelm Beech Staen Fan Myers 8205 NW 58 Street 2501 State Road 84 5460 Okeechobee Boulevard 272 N. Flagler Avenue 2471 Rockfill Road Miami, fL 33166 Ft. Lauderdale, fL 33312 West Palm Beach, fL 33417 Stuart, fL 34994 fort Myers, fL 33916 305.592.4944 tel 954.797.7972 tel 561.640.0818 tel 772.692.3442 tel 239.337.4222 tel 305.477.1943 fax 954.791.7719 fax 561.640.7894 fax 772.692.9757 fax 239.337.4211 fax .. ~ < ; /'\~ '{~~ j t J' 'h " "f. r ), 1,1/ J "FA it C Air' ,,&%/,JI 41 rr;#& f11MTI" ~ ~*;; 'tf'0.lf t'1 f f ~ j::t I t J~, ~ 1 ~ ,"" "{; kill r~ "", ~):0,:4 ~" \ Miami 8205 NW 58 Street Miami, fl33166 305.592.4944 tel 305.477.1943 fax Pantropic Power, Inc. ONE SOURCE - ONE CAll - ONE SOWTION'" WW'<<wnlropicCOOl P.O. # Sign Fortlluderdele 2501 State Road 84 Ft. Lauderdale, FL 33312 954.797.7972 tel 954.791.7719 fax West Pelm Bllch 5460 Okeechobee Boulevard West Palm Beach, fl33417 561.640.0818 tel 561.640.7894 fax Sluert '[12 N Flagler Avenue Stuart. fl34994 772.692.3442 tel 772.692.9757 fax Fort Myers 2471 Rockfill Road Fort Myers. FL 33916 239.337.4222 tel 239.337.4211 fax Agenda Item NO~ ~ AGENDA REQUEST Date: Mav 30. 2006 Request to be placed on: X Regular Agenda _ Special Agenda Workshop Agenda When: June 6. 2006 Description of item (who, what, where, how much): Request for City Commission to approve an award of contract to Pantropic Power, Inc. for replacing the radiator on the generator at the south pump station. Pantropic Power, Inc. is the authorized Caterpillar power systems dealer for south Florida. The contract proposal is for removal of the old unit and replacement with an original equipment Caterpillar unit with associated hoses, clamps, hardware, and coolant. Funding is available from account 442- 5178-536-64.90, Water and Sewer Renewal & ReplacemenU Other Machinery & Equipment. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff reco~m. n s City C mm. i~SiO app ve award of contract to Associates Roofing. ~ - ~ij - 0 b Department head signature: ' . j Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (requi~on all ite;6linvolving expenditure of funds): Funding available: 'fES/~ . I - Funding alternativeS{if--applicable): Account No. & Description . See ~ve 'lift?, 5/78 -536 Lt/- 72> Account Balance b 80" Sl.f7..- "S City Manager Review: L:;,' ~.~ Approved for agenda:~tNO - Hold Until: r9/hY j{{){'h,Y{J~1 ~JP'fllirll Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin\Projects\misc. emergency repaiMgda Req Pantropic 06.06.06.doc ~ . MEMORANDUM ~() TO: Joe Weldon, Dire r of Parks and Recreation Department SUBJECT: Alberta Gaum, Project Coordinator <:lcr- Fiber Optic to Catherine Strong Park FROM: DATE: June 2, 2006 I am requesting approval to submit an agenda request for the installation of fiber optics at Catherine Strong Park. Fiber optics will allow access to the City's Network. Presently the Supervisor has to come to the Community Center to do requisitions, PO's, budgets and to access e-mails. The infrastructure will take up to two months to complete. The cost of this project is $19,607.00 and funding is available in account #001-4137-572- 46.90. '?;'At5 -AdeIphia MIIfll'I' pro..ms ~'le W..itei It 1\ enrich. !~'tf a'ld ~"~er1llir Delray Beach Proposal Date: May 31, 2006 LocatIon: 1500 SW 6" Street (Catherine Strong Park) 10 year pricing MRC $ 395.00 ~ $ 19.607.00 Service Description: Dim capacity solution limited to 1GIG. Fiber built to the customer DEMARC location. Customer provides own equipment. Note: This circuit will run concurrent with the original agreement. MRC = Monthly Reoccurring Charge NRC = Nonrecurring Charge Solution Presented by: Bill Krajcirik Adelphia Commercial Services Account Executive office: 216-689-2034/ cell: 330-554-7588 bill.kraicirik@adelphia.com Confidentiality Notice & Disclaimer: This proposal, and any attachments hereto, contains privileged and confidential information intended only for the use of the persons to whom the sender intended to address this message. If you are not the intended recipient, you are hereby notified that reading, copying, distributing, or disclosing the information transmitted by this message is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender immediately and delete the message and attachments from your system. Furthermore, any contractual terms included or discussed in this email or attachments hereto are for discussion purposes only and are subject to final review and approval by Adelphia Communications Corporation, and therefore do not constitute an offer or acceptance of such terms. AGENDA ITEM NUMBER: ~"'6 AGENDA REQUEST Request to be placed on: Consent _-\genda X Regular _-\genda _ Workshop ~-\genda_ _ Special Agenda When: June 6, 2006 Description of agenda item (who, what, where, how much): ~-\pproval to install fiber optics at Catherine Strong Park enabling access to the City's Network. ~-\delphia will build the infrastructure from the City to Catherine Strong Park at a cost of $19,607.00. Funding available from account # 001-4137-572-46.90. Budget Director Review (required on all items involving expenditure of funds): Funding Available: & / No Initials: !b6 ~-\ccountNumber Do/--{r 37 - 572.1./1::,- 7'u Description ~ ~1:>{L(r I J'1CLi(l0tLA a (!osl'..s $ _-\ccount Bahmce: 2 D} S- S- I . Deparunent Head Signature: City Attorney Review/commendation (if appHcable): Funding Alternatives: (if applicable) City Manager Review: W Approved for Agencla:@/ No Initials: Hold Until: Agenda Coordinator Review: Received: ~~ MEMORANDUM FROM: David Harden, City Manager Jacklyn Rooney, Purchasing Manager ~ Joseph safford$ance Director TO: THROUGH: DATE: June 02, 2006 SUBJECT: DOCUMENT A TION - CITY COMMISSION MEETING JUNE 06, 2006 - PURCHASE A WARD ONE (1) TORO GREENSMASTER 3100 MOWER WITH ACCESSORIES FOR THE DELRA Y BEACH MUNICIPAL GOLF COURSE Item Before Commission: City Commission is requested to approve award to Hector Turf for the purchase of one (1) Toro Greensmaster 3100 Mower for the Lakeview Golf Course from Hector Turf for the total amount of $20,641.12 via the GSA Contract #GS-OOF -0087M. Background: The Lakeview Golf Course is in need of a new mover at the Lakeview Golf Course. Their is two existing mowers at Lakeview, one will be used for cutting tees and the other existing tee mower would be used for a parts. See attached memo dated May 10, 2006 from the Delray Beach Municipal Golf Course. This mower is available from Hector Turf via the Florida GSA Contract #GS-00F-0087M. Attached is the quote dated April 05, 2006 from Hector Turf. The vendor has agreed to extend hold this pricing for the City of Delray Beach. Recommendation: Purchasing staff recommends award to Hector Turf for the purchase of one (1) Toro Greensmaster 3100 Mower for the total of $20,641.12. Funding from account code 446-4761- 572-64.90. Attachments Memo from Golf Course Memo from Hector Turf ~.~ 06/01/2006 12:17 ."" oi..,,:...:: . , I.. ......w.:....:.... .: ,'.:', . . ". . :.'. # ~ .'" '... DEPARTMENT: DATE: VENDOR: ADDRESS: PHONE # 5612437386 DELRAY BEACH GOLF PAGE 06/11 . .. ", ~ '" .'. ,. . .,", DELRAY:BEACH GOLF CLUB . .....,.. !.'. MAINTENANCE PURCHASE ORDER REQUEST FORM . ....., . '. . I "I' ~.. . " ... C_C. ~'II-.J\ BLANKET PO OR REQ # \ OlCoto\3 ~ 0 b FED ID #.(IF NEW ~ENDOR) ~\e-C, 0 ~ "'" ~ f- rQv\f; CONTACT ,,' 'SO \ N,~ "\ r\\V1...\) ~1 Q):~T' \)e~t""~lel~ ,=,f74'~ F\.. I , 3 Z'l'i 4.. j c;- \( . ~ ;) 1 ~ ~ 0 0 FAX # 'j t{""'" ~'D 7 b ~ / AMOUNT TOTAL ACCOUNT #: QUOTES: VENDOR: CONTACT: VENDOR: CO-NT ACT.: VENOOR: OONTACT: . \~ TOTAL L\l..\ (.;,- L.(1 51d Ie 4454714~572 .... ...' LJqQlast four digits must be filled in) CA.V' ,,...(,;) '- A"-ov"""l $' 000,00-$2999.99 - three quotes r'e!quircd (verbal, electronic, or written) $3000.00-$5999.99 - three quotes required (written only) $6000.00-$14999.99 -l:t1raa quotes rGlqulred (written anly) with Justification as to why needed PRI CE.: , PHONE # , G5Pt Con-\-ro.CT '&'5 -<nF-OO<t5,rYl PRICE PHoNE # PRICE PHONE # "PLACE ORDER WITH ~bOR WtlOSE QUOTE IS,THE LOWEST APPROVEDB~. TOM ARENDT '-...,_..... A~ BRAHM DUBIN -=:::::::-. ,-r- ~::. .-. . xls\wit!y~ulT0q (must ~ign all requests ovar $1000) 06/01/2006 12:17 5612437386 DELRAV BEACH GOLF PAGE 07/11 ~ ,. '- ~ Memo To: Paul Makris Frvm:Tom Arendt CC: Date: 5/10106 Re: Capitol budget for Lakeview maintenance. We have budgeted $20,000 for equipment purchase at the Lakeview course. So far this year we have not used any of this capitol. We have the need for a greens mower at the Lakeview course. We would move the existing mower to cutting tees and the existing tee mower would be used for a parts machine. There is 4,500 hours of running time on the existing tee mower and it is used up. We reoommend the Taro model 3100 as we have used these machines for many years and we have many parts and attachments. We also save quite a bit of money by using parts of the old machines for repairs. The cost for this machine is $ 20,641.12 and it can be purchased off the GSA contract #GS-OOF-o087M. Due to the operational nature of the two courses we look at the total equipment purchase capitol budget of $80,000 as one figure and plan our purd1asing accordingly. This year we have purchased a pull behind rough mower and a tractor for Delray for a cost of $29,000. Total Capitol $20,000 Lakeview $60,000 Delray Total- $80,000 . page 1 06/01/2006 12:17 5612437386 DELRAV BEACH GOLF PAGE 08/11 Leaving 51,000 (20,641.12) Greens mower and reels - Lakeview. Leaving 30,348.88. in our capitol budget reserve. I recommend that we purchase this mower. We have not replaced greens mowers in a long time and are coming due at both COlJ'ses, ePage2 06/01/2006 12:17 5612437386 DELRAY BEACH GOLF 1 ca 1 ea lea 1 ea PAGE 09/11 1301 N.w, THIRD STREET I DEERF1ELO BE;ACH. FL ~3442 TEL: (954) 429-3200. FAX: (954) 360.7657 Quotation Provided for Delray Beach Municipal Golf Course April 5, 2006 Model # 04356 Descri tion Toro Greensmaster 3100 with 11 Blade DPA Cuttin Units and Wiehle Rollers Toro Sand Pro 5040 Front Lift Ann Flex Blade Tooth Rake 08705 08712 08713 08751 All Prices per GSA Contraet# GS~OOF -0087M Effecti.ve 9/1/2002 through 8/30/2007 Provided by: Michael J. Leising (954) 429-3200 ~\,\, (~ C( \ 4\"-'" ~1< 1 Unit Price $20641-12 12,530.19 1,125.75 611.68 887.96 .... 05/01/2005 12:17 5512437385 April 5, 2006 DELRAY BEACH GOLF PAGE 10/11 r2~-~[?r[5\ Lr\ . ~~ 1301 NW. THIRD STREET I DEERt=IE;l.O BEACH. FL 33442 TE[.; (954) 429.3200. FAX; (954) 360-7657 Mr. Tom Aem.dt City of Delray Beach Municipal Golf Course 2200 High land Avenue Delray Beach, FL 33445 Dear Mr. Aemdt: Via Fax: 561-498-3720 "~fII: \tt We are pleased to offer the enclosed quotation for your consideration. The enclosed quotation is based upon your acceptance within thirty (30) days from the date of this letter and is subject to manufacturerls availability and Florida State Sales Tax (if applicable), Our tenns of sale are Cash on Delivery or upon credit approval, Net 30 Days. Thank you for the opportunity to provide you a quotation. If you have any questions or require additional information, please contact me at (954) 429-3200, Extension 305. We appreciate your interest and look forward to doing business with you, Sincerely, .HECTOR TURF.:=-t AA;Jj' ~ (~C :M:ichael J, Leising Senior Account Representative CommerciallIrrigation Products MJL:jac gs i.tJ 3 qS~ d/~ ' r-n.4 C~~ 6/;/06 ~ . 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I\.) ~ 0 0 ~ ~ 0\ ~~ 'tl 01>0 ~ >-3 I-' 1-'0 lXl lXl ;..,~ >-3 I-' I\.) 1\.)>-3 Z ~ 0\ 0\ ....... ....... OJ w 0 lXl 0 I-' ~ ....... ....... 0 0 0\ 0\ AGENDA ITEM NUMBER: ~":j.lo AGENDA REQUEST Request to be placed on: June 06, 2006 Date: June 02, 2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approve award to Hector Turf for the purchase of one (1) Toro Greensmaster 3100 Mower for Lakeview Golf Course for the total of $20,641.12. Pricing per GSA Contract #GS-00F-008-M. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO )(' X Recommendation: Approve the award to Hector Turf for the purchase of one (1) Toro Greensmaster 3100 Mower for the Lakeview Golf Course for the total amount of $20,641.12. Funding from account code 446-4761-572-64.90 (Lakeview Golf Course, Machinery/Equipment, Other Machinery/Equipment). Deparbnent Head Signature: ~. ;S'~ Determination of Consistency with Comprehensive Plan: \ I2ttP City Attorney ReviewlRecommendation (if applicable): Budget Director Review (~items involving expenditure of funds): Funding available: es No Funding alternatives: (if applicable) ,bi, ~47&I-r72 . L/' GO Account Number: \..of V\. W ~. b - I Account DescriPtion:OUlLCl Ht1Ikt;'rlrLf J r;~/)..A' pfV/R.~ 4 I Account Balance: Z (), 10 L( /. City Manager Review: Approved for agenda~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved ~ FROM: DAVID T. HARDEN, CITY MANAGER PAUL DORLlNG, DIRECTOR OF PLANNING AND ZONING 71'l,..t.,')1c~ ~ SCOTT D. PAPE, SENIOR PLANNER~ P r MEETING OF JUNE 6, 2006 CONDITIONAL USE REQUEST TO ALLOW A FREE-STANDING MULTIPLE FAMILY DEVELOPMENT TO BE KNOWN AS ISLAND AIR IN THE GC (GENERAL COMMERCIAL) ZONING DISTRICT ON THE EAST SIDE OF FEDERAL HIGHWAY, APPROXIMATELY 360 FEET NORTH OF GEORGE BUSH BOULEVARD. TO: THRU: SUBJECT: BA The property consists of Lots 8 and 9, Block 2 of the Sophia Frey subdivision and Lot 4 of the plat of Section 9, Township 46 South, Range 43 East and contains 2.91 acres. The subject property is located within the North Federal Highway Redevelopment Area and is zoned GC. The property contains an existing commercial structure that was constructed in 1959. The applicant proposes to demolish the existing commercial structure and construct a 33-unit multiple family townhouse development. Pursuant to LOR Section 4.4.9(0)(11), free-standing multiple family developments are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height. Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. PLANNIN At its meeting of May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, a motion was made to approve the conditional use to allow the free-standing multiple family development in the GC zoning district based on positive findings with respect to Chapter 3, LOR Section 2.4.5(E)(5)(Conditional Use Findings), Section 4.4.6(1)[Performance Standards], and the policies of the Comprehensive Plan, subject to the five conditions of approval outlined on page 14 of the attached Planning and Zoning staff report of May 15, 2006 with the modification to conditions #3 and #5 as follows: 3. That a variety of two and three bedroom unit types are provided or that the number of units are reduced; 5. That the covered porches, which currently extend into the required setbacks be supported and that waiver requests be sought at SPRAB. The motion to approve the conditional use received a 2 to 2 vote (McDuffie, Zacks dissenting). The dissenting Board members were concerned that the free-standing multiple family development was inconsistent with the North Federal Highway Redevelopment Plan, which discourages free-standing residential development in this area, and encourages mixed-use development. CiA Approve the conditional use request to allow a free-standing multiple family development in the GC zoning district for Island Air, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], and Chapter 3 of the Land Development Regulations, subject to the conditions in the Planning and Zoning Board staff report as modified above. Attachment: P&Z Staff Report and Documentation of May 15, 2006 ~ IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA CONDITIONAL USE REQUEST FOR ISLAND AIR PROPERTY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on June 6, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Island Air Property. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No 1 .' 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) Reauired Findinas: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. Performance Standards for Densitv Increase: Does the applicant meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in excess of 6 dwelling units per acre to 11.34 dwelling units per acre? 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 conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves _ denies _ the conditional use request subject to the seven conditions set forth in the 2 .J' staff report and hereby adopts this Order this _ day of June, 2006, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin City Clerk 3 LOR Section 4.4.6(1) (I) Performance Standards: (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25%_or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features 4 .,.-1 such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. 5 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- May 15,2006 IV.C. Conditional Use Request for Island Air Property to Allow a Free Standing Multiple Family Development in the GC (General Commercial) Zoning District on the East Side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Applicant. .......... ....... . Ocean City Land Investments Owner...................... Connecticut Cape Corporation & Cummings Family Limited Partnership Agent......................... Weiner & Aronson Location.......................... East Side of North Federal Highway, approximately 360 feet north of George Bush Boulevard Property Size.................. 2.91 acres Future Land Use Map..... GC (General Commercial) Current Zoning............... GC (General Commercial) Adjacent Zoning....North: GC East: RM (Multiple Family Residential - Medium Density) South: GC West: GC Existing Land Use.......... Air Conditioning Contractor's OfficeNacant Proposed Land Use........ Conditional Use Request for a Proposed Stand Alone Multiple Family Project Known as Island Air Property Water Service................. Existing on site Sewer Service................ Existing on site ../ '--L..lJ 1--1 I FIN 111= ~ _ ~. == FAST~EWI AI- L- -:j~ , _ IE ------J ~ ::yt==/ j ,Ill I rr tiT tll NE 14TH S~ ~7~ STtAKE A~;~/II ;'1 III V I >- 2: LAKE A~NUE S. I ~ I I~I I I~ ~ ~[]~ :." Ii f ITDF~ = NE 13TH ST ~'i/ ==1'</ w x 5 NE 12TH ST ~ ~1 NE 11~1E~ ; ~r $ N~T I ~~ . ~lJJ< ~- < ~~ ffim t tiij' ;1:1 "N.E. 7TH CT ~~ - &J "i :-rTTm >5 == i. z rnm ~ = ~ Id~E' ~ A;~RA _ST. ..---- - 0 OOF =- ----j m m DELRA Y ~ - j!: j!: BEACH - - a 25 - - _U1 Z --j ~ N.E. 6TH - ----sr. - '--- I-- ---, - -I-- _ PUBLlX - - ~ '--- - It== c - I-- _ f.-- - f.-- f--- i!' "' ==IN II I rr TEj~ I II I DD IV.C. The action before the Board is making a recommendation to the City Commission on the conditional use request for Island Air Property to allow a free-standing multiple family development in the GC (General Commercial) zoning district [LOR Section 4.4.9(0)(11 )], pursuant to LOR Section 2.4.5(E). The property is located on the east side of Federal Highway, approximately 360 feet north of George Bush Boulevard. The property consists of Lots 8 and 9, Block 2 of the Sophia Frey subdivision and Lot 4 of the plat of Section 9. Township 46 South, Range 43 East and consists of 2.91 acres. The subject property is located within the North Federal Highway Redevelopment Area and is zoned GC. The property contains an existing commercial structure that was constructed in 1959. The applicant proposes to demolish the existing commercial structure and construct a 33-unit multiple family townhouse development. Pursuant to LOR Section 4.4.9(0)(11), standalone multiple family developments are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regulations. The applicant has submitted a conditional use application for the townhouses and is now before the Board for consideration. 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 zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map and Zoning Oistrict designation of GC (General Commercial). Pursuant to LOR Section 4.4.9(0)(11), free-standing multiple- family housing is allowed as a conditional use in the GC zoning district. Pursuant to the Planning and Zoning Boak f Report Island Air Property - Conditional Use Request Page 2 North Federal Highway Redevelopment Plan: "The City encourages additional residential development in the study area. There are few vacant building lots within the existing residential neighborhoods and new development on these lots within the existing residential neighborhoods and new development on these lots is limited to intill single and low density multiple family housing." The North Federal Highway Redevelopment Plan further indicates that: 'The potential for mixed-use development consisting of commercial uses on the ground floor and residential units above also exists along Federal Highway. The convenience of living and working in the same area saves time and reduces dependence on the automobile." The "stand-alone" multiple family development will, in part, meet the goal of providing additional residential units in the study area. However, the development proposal fails to provide a commercial component that will encourage the live/work scenario envisioned by the North Federal Highway Redevelopment Plan, which indicates that: "the bottom floors of the buildings along the highway should be for commerce and other non-residential uses. Upper floors should be dominated by offices and residences." The developer has indicated that they explored a mixed-use development, studied of the surrounding area, the Federal Highway corridor, and market research studies all confirm that there is an overabundance of existing vacant commercial space, with additional commercial space on the way. Given these factors, the developer feels that it would be detrimental to the corridor to propose a mixed use development versus a residential only project. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map since the proposed development provides the residential units identified by the North Federal Highway Redevelopment Plan. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service is available via service lateral connections to an existing 8" water main located along Federal Highway and extension of a water main along the interior loop road. Sewer service is available via an existing 8" main along the south side of the property. Adequate fire protection will be provided via installation of two fire hydrants along Federal Highway. 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. Drainage: A conceptual engineering plan has been submitted with the conditional use application that indicates that drainage will be provided via sheet flow to catch basins and exfiltration trenches. There are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: A traffic statement has been submitted that indicates that the proposed development will generate 24 peak p.m. trips and 250 average daily trips. Per the Palm Beach County Traffic Performance Standards Ordinance, residential projects, located Planning and Zoning Boar," f Report Island Air Property - Conditional Use Request Page 3 east of 1-95, are exempt from traffic concurrency. Thus, a positive finding of concurrency can be made. Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that residential projects may have on City recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. A total fee of $16,500 will be required of this development (33 x $500 = $16,500) for parks and recreation purposes. Solid Waste: The proposed 33 multiple family dwelling units will generate 17.6 tons of solid waste per year (33 units x 0.52 tons = 17.16 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Schools: The Palm Beach County School District has forwarded a finding of concurrency for the proposed development. Thus, a positive finding of concurrency can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use 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. There are no significant environmental characteristics to the subject property. The proposed townhouse project will be compatibility with the adjacent multiple family development to the east. As noted previously, the North Federal Highway Redevelopment plan identifies the need to provide additional residential development in the study area, which will be furthered by the proposed development. Planning and Zoning Boal _ ff Report Island Air Property - Conditional Use Request Page 4 Future land Use Element Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and lOR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the redevelopment plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway Corridor by encouraging new residential development. The new residential development will help to stimulate commercial development along Federal Highway by creating demand for goods and services in the area. If a mixed use development had been proposed, both the residential and service oriented commercial uses would be complimentary to each other and the redevelopment area as a whole. Analysis of the architecture of the buildings will be discussed in detail under the Performance Standards section of this report. Thus, the proposal helps to fulfill several of the items listed above. Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The recreational facilities include a tot lot, a teen room (including a pool table), and swimming pool along the east side of the property. The proposed recreational facilities provide opportunities for children from toddlers to teens. HousinQ Element Obiective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Planning and Zoning Boal, ,1 Report Island Air Property - Conditional Use Request Page 5 Policy 8-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. This project will not be excluded to occupancy by adults only. However, it is acknowledged that urban in-fill type projects are not generally conducive to families with children. The proposed development has provided a tot lot and teen room, which will make the development more attractive to families. The floor plans are comprised of three bedroom units. Thus, there will be opportunities for small families within this development. Given the urban infill nature of the project, it is appropriate that this project not be required to provide 4 bedroom units. Policy 8-2.3 - New housing developments shall include a range of housing types that offer variety in size, color, and style. The analysis of the architecture will be discussed in further detail under the Performance Standards section of this report. However, the architectural renderings indicate that color and architectural appurtenances are varied between townhouse units. The development provides four different varieties of floor plans. 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 policy. 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. The proposed townhouse project will be compatible with the adjacent multiple family neighborhood to the east. The issues with respect to safety, habitability and stability of the neighborhood should be improved by introducing additional homeowners into the area. Planning and Zoning Boak Of Report Island Air Property - Conditional Use Request Page 6 PERFORMANCE STANDARDS FOR DENSITY INCREASE: lOR Section 4.4.6 RM Zone District: Pursuant to lOR Section 4.4.6 (A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan, which call for accommodating a variety of housing types. lOR Section 4.4.6(1) Performance Standards: Pursuant to lOR Section 4.4.6(1)(1) These standards shall apply to all site plans approved subsequent to October 7, 1997 and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: The density of the proposed 33-unit residential development is 11.34 dwelling units per acre, which requires a finding of substantial compliance with all applicable Performance Standards as noted below. (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The internal street network consists of a loop road and two dead-end drive aisles that provide access to the 33 dwelling units. The loop road has short segments which will control the vehicular speeds. Further, raised crosswalks have been provided at the north and south ends of the loop road, which will reduce vehicle Planning and Zoning Boar.... J Report Island Air Property - Conditional Use Request Page 7 speeds and improve pedestrian safety. Based on the above, a finding can be made that this development substantially complies with this performance standard. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The townhouse groups consist of 3, 4, 5, and 6-unit structures. The buildings are offset with significant plane changes. The building configuration and plane changes will reduce the massing of the structures, which will provide a feeling of open space. Based on the above, a finding can be made that this development substantially complies with this performance standard provided that the massing of the townhouses are reduced. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The subject property is bordered on the east by RM (Multiple Family Residential - Medium Density). Since the allowed density in the RM zoning district is the same as the GC zoning district, this performance standard is not applicable. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The architecture of the townhouses is a contemporary architectural style. The roof is a mixture of hip and gables with slate gray concrete tiles. The windows have shutters (black) and variations are provided with differing muntins styles. The second floors have a variation between smooth stucco lap siding and smooth stucco finish, which will be painted Creme Brulee (light yellow). The balconies. have French doors. The primary wall of the first story has a smooth stucco finish. Alternating color schemes provide the definition between units. The color variations include Pecos Spice (dark brown), Buxton Blue (sage), and Sundance (dark yellow). The front doors are varied between a curved archway and a flat entrance feature. The rear elevations contain balconies with alternating door styles. The garage doors are varied between two single doors and one double door. Further variations are provided with arched garage doors and flat banded doors. The end units have a self supported canopy. Based on the above analysis, a finding of consistency can be made that the development is consistent with this performance standard. Planning and Zoning Boal _ Jf Report Island Air Property - Conditional Use Request Page 8 (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The following table identifies the mix of residential floor plans that are included in the proposed development: Unit 3 bed room 3 bed room 3 bed room 3 bed room Floor Area 2,266 s . ft. 2,417 s . ft. 2,521 sq. ft. 2,162 s . ft. Quantit 13 11 8 1 The table indicates that a variety of three bedroom units will be provided. Since the development proposal does not include one and two bedroom units, a finding of compliance cannot be made and the proposed density of 11.34 dwelling units per acre cannot be supported. In order to achieve compliance with this performance standard, the units need to be redesigned to include one and two bedroom units and this is attached as a condition of approval. Based on the above, this standard has been substantially met provided a mix of one and two bedroom units are provided. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. The property does not contain an existing natural area or water body that warrants preservation. Pursuant to LOR Section 4.4.6(1)(2), some referenced standards may not be applicable for small infill-type projects. As this is an infill project, compliance with this standard is not applicable. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The development plan includes the installation of a bus shelter along Federal Highway (easement noted on site plan). Further, sidewalks are provided for residents to access the recreation facilities along the east side of the property. Based on the above, a finding can be made that the development substantially complies with this performance standard. In conclusion, the applicable performance standards are (a), (b), (d), (e), and (g). To achieve the proposed 11.34 dwelling units per acre, the applicant should substantially meet all applicable standards. A finding that the project substantially complies with Planning and Zoning Boa.. "ff Report Island Air Property - Conditional Use Request Page 9 performance standard (e) cannot be made. The development proposal needs to be revised to provide a mix of one, two, and three bedroom units or the unit count reduced to a lower density before a positive finding can be made with respect to this performance standard. A positive finding cannot be made until compliance with all applicable performance standards is achieved to support a density increase to 11.34 dwelling units per acre. LOR Section 4.3.3(0) (Townhouse OesiQn Standards): As described below, the development proposal complies with the design standards for townhouse developments outlined in LOR Sections 4.3.3(O)(4)(a) through (d): a) No more than two townhouses may be constructed without providing a front setback of no less than 4' offset front to rear. The purpose of this requirement is to prevent a long linear appearance. The 4-foot offset has been provided. b) No townhouse row shall consist of more than 8 units or a length of 200'. The maximum townhouse row consists of six dwelling units, which are 166 feet in length, thus meeting this code requirement. c) Service features, garages, parking areas, and entrances to dwelling units shall, whenever possible, is located on a side of the individual lot having access to the interior street. Walkways should be designed to connect dwelling units with each other and connect each dwelling unit with common open space. The garages are oriented toward the interior street system. External walkways are provided along Federal Highway. d) Not less than 25% of the total area, less water bodies, shall be usable open space, either for recreational or some other suitable purpose, public or private. The basis for this standard is to assure that larger residential developments provide adequate recreational amenities. With smaller developments, provision of these amenities is not considered financially feasible, and the required contribution of $500.00 per unit (park impact fee) is considered adequate. It is noted, however, that 28.36% of the site will be landscape/open space area, which can be used for passive recreational purposes. Planning and Zoning Boal, off Report Island Air Property - Conditional Use Request Page 1 0 LOR SECTION 2.4.5CE) - REQUIRED FINDINGS: Pursuant to LOR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, south and west by GC (General Commercial) zoning and on the east and south by RM (Multiple Family Residential - Medium Density). The proposed multiple family development will have a stabilizing effect on the residential neighborhoods to the east and south. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with LOR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Townhouses and Townhouse Type of Development: Setbacks: Pursuant to LDR Section 4.3.3(O)(3)(c), setbacks interior to the project with respect to side and rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit groups) shall not be located closer than twenty-five (25) feet for a two-story structure, nor thirty-feet (30) for a three story or greater structure. The proposed separation between the two story townhouses along the west side of the property is 25 feet. It is noted that the self-supported covered porches are considered part of the principal structure with respect to setbacks. The proposed covered porches between buildings 2 & 5 encroach into the required 25-foot separation. Therefore, a condition of approval is attached that the covered porches be removed or that they are cantilevered from the wall of the townhouse. It is noted that pursuant to LDR Section 4.3.4(H)(4), if the covered porches are cantilevered they cannot encroach more than 3 feet into the required 25-foot building setback. LOR Section 4.3.4CK) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Medium Density Residential (RM) zone district: Planning and Zoning BoarL ..f Report Island Air Property - Conditional Use Request Page 11 1,250 sq.ft. 2,162 sq.ft. 40% 40% 25% 28.36% The following table indicates that the proposal complies with LOR Section 4.3.4(K) as it pertains to the General Commercial (GC) zone district: Side Interior (north) Side Interior (south) Setbacks: Pursuant to LOR Section 4.3.4(K), the rear setback in the GC zoning district is 10 feet. The covered porches along the east side encroach approximately 4 feet into the required setback. As noted previously, the principle structure setback will include the covered porches. A condition of approval is attached that the covered porches are relocated out of the rear setback or cantilevered to encroach no further than 3 feet into the required setback. Special District Boundary Treatment: Pursuant to LOR Section 4.6.4(A)(2)(a), where the rear or side of commercially zoned property directly abuts residentially zoned property without any division or separation between them, such as a street, alley, railroad, waterway, park, or other public open space, the commercially zoned property shall provide a 10-foot building setback from the property line located adjacent to the residentially zoned property. In addition, either a solid finished masonry wall 6-feet in height, or a continuous hedge at least 4.5-feet high at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the commercially zoned property which directly abuts the residentially zoned property. A 6-foot high wall has been provided along the north, south, and east property lines, thereby, meeting this requirement. Parking Requirements: Pursuant to LOR Section 4.6.9(C)(2)(c), the required parking for the 33 multiple family dwelling units is 80 parking spaces. The proposed development exceeds the minimum parking requirement since 98 parking spaces are provided on-site. Other Issues Right-of-Way Dedication: Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way for North Federal Highway is 120 feet. The existing right-of-way Planning and Zoning Boal. .Af Report Island Air Property - Conditional Use Request Page 12 along the northwestern portion of the property adjacent to Federal Highway is currently deficient approximately 7 feet. The conceptual plan has been designed based on dedication of the right-of-way. A technical item is attached that a deed be submitted that dedicates the right-of-way. This dedication should then be noted on the plat required with this townhouse development. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), a 50-foot stacking distance is required between the public right-of-way and the first parking space or drive aisle. The proposed stacking distance along the southern driveway is approximately 9 feet. The applicant has submitted a waiver request to reduce the stacking distance based on the construction of a deceleration lane (which increases the effective stacking) and that vehicles are distributed to two driveways along Federal Highway. This waiver will be considered by the Site Plan Review and Appearance Board during the site plan review process. The proposed development is not in an area that requires review by the Downtown Development Authority (DDA). Community Redevelopment Agency The Community Redevelopment Agency (CRA) considered the development proposal at its meeting of April 27, 2006 and recommended approval. The CRA had the following comment: 1. The CRA found that the residential-only development was acceptable given the existing and proposed commercial developments along North Federal Highway. Site Plan Review and Appearance Board: If the Conditional Use request is approved, a site plan application will be processed with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ~ Progressive Residents of Delray (PROD) ~ President's Council ~ Neighborhood Advisory Council ~ La Hacienda ~ Kokomo Key Planning and Zoning Boar ~ ..Af Report Island Air Property - Conditional Use Request Page 13 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or objection will be presented at the Planning and Zoning Board meeting. The proposed multiple family development will be compatible with the adjacent multiple family residential to the east. The proposed development will increase the customer base for the commercial uses along North Federal Highway. To achieve the proposed density, additional variations to the unit types to include one and two bedroom units must be introduced and other conditions of approval must be met before the project can be supported. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LOR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties that support the requested increase in density. A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the conditional use request to allow a free-standing multiple family development in the GC zoning district for Island Air Property, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the conditional use request to allow a free-standing multiple family development in the GC zoning district for Island Air Property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], and Chapter 3 of the Land Development Regulations. By separate motion: Conditional Use: Move a recommendation of approval to the City Commission for the conditional use request to allow a free-standing multiple family development in the GC zoning district for Island Air Property, by adopting the findings of fact and law contained in the staff Planning and Zoning Boara. .. I Report Island Air Property - Conditional Use Request Page 14 report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff report; 2. That a turn lane be provided along Federal Highway; 3. That a variety of one, two, and three bedroom unit types are provided or that the number of units are reduced; 4. That a plat be recorded prior to issuance of a building permit; and 5. That the covered porches are removed or that they are cantilevered from the wall of the townhouse. If cantilevered, they cannot encroach more than 3 feet into the required setbacks. Attachments: . Exhibit "A" . Conceptual Plans . Location Map . Letter of concern Report prepared by: PlanninQ and ZoninQ Staff Planning and Zoning B08, _..iff Report Island Air Property - Conditional Use Request Page 15 1. That the height ot the buildings is based on LDR Section 4.3.4(J)(1). 2. That the applicant remits the contribution ot $7,500 tor the construction ot a bus shelter. 3. That a deed be submitted tor the dedication ot Federal Highway right-ot-way. 4. That all conflicts between proposed and utilities are resolved in accordance with direction by the City Horticulturalist. 5. That a composite utility plan that includes landscape be submitted. 6. 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[ '1 I I i I : "I i : II I I ! : _h~_~_=_~_~ -1 II I I / L u - - - Iilii'- - - II f Ii ,I f II II I \ I , I LLJ" i, , I, , 'I I' , i i ~ i ,~ i [gJ1 -,~- f: - (f) z w o o::(f) ~t: _ z ~::> - (f)l.L. 0::0 0>< LL- (f)~ -I~ ~r- O:J 0::0 n..:C n..t: ~:S r- z w U w 0:: (9 :cZ u- ~lD WW a:l2 >-Z ~O 0::- ..J(f) W(f) 0- ~ lL~ 00 >-U r->- Ut: U -d~ d ~ <0 o o N <0 W Z => -, ~lO <( ~~ . ~N 0.. (Y)' ~ u..i (Y) to ~>..J<O (f)<(LL~ Zz ..- o :i lO ~r-utO <(Z~iJ ~5~Z 0::(/)>-0 W . ~ :c ZZo::n. _N..JW WOW..J S..-O~ :r: OJ o W 0:: <( n. W 0:: 0.. Table of Contents 1 . Recent Approvals for Similar Density Without a Mix of Units 2. Staff Reports 3. Section 4.4.6 (I) of the City of Delray Beach Land Development Regulations l! c =>> E o e "'0 CD m o ~ ... o CD c o .. :I o .c .. .i ~ .- (I) c CD C ... .!! .- E .- UJ ... .e .!! as ~ c. c. <C .. c CD (,) CD 0:: '8f] i l,':~' - . u.A. ~. 00;;;. , - . il" F::J !il I ~j 1- ",II 15 1-'8 t ~ ~i' II '- ... 5. }a I ! 1:! ,. 8..<< .1/,'1 i- I. 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CD ~ '3 E Cl c: '6 c: S U) BG> c:~ ClI ~ .5.e 'EO J9 U) 'E~ ClIO' "0 CD c: "" SCD U)~ 8m c: c: ClIO E~ .gc: CDS 0.0 -.... 0>- c-a CD 0. , EClI"O .cU)~ U) 'E :::J ii~u sc:.!: 13 S g U)_ CD8~ i:i~ -ilEB >.g ~ K!~ g.:E ~ ~ a::: I . & ; Planning and Zoning Board Staff Report, April 17, 2006 Village Parc - Conditional Use Requests reveals for the garage doors. Based upon the above noted examples of architectural diversity, the proposal complies with this performance standard. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi- . family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The proposed townhomes and mixed-use building condominiums contain a variety of different floor plans for residents. There are 12 different floor plans available within the interior townhomes development to accommodate all types of household sizes and three floor plans for the condominium units, All residential units are specified as 2 bedroom units with the option to convert the first floor dens into a third bedroom, Overall the housing units range in size from a minimum of 1050 square feet up to a maximum of 1,869 square feet. The development proposal will meet this performance standard based on the flexible floor plans which have been provided. (f) The development Is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. The site has no natural areas existing on site. However, a large sodded retention area is proposed to be developed at the east end of the property. This area is proposed as dry retention and is available for recreational use. Additional plantings should be added to create a nature preserve area and this is attached as a condition of approval. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to ava/lable transit. The development provides an extensive pedestrian system that links the residential buildings to the pool, clubhouse and cabana areas. Many of the other units are linked together within the interior of the development by sidewalks and the perimeter units are linked to each other and the child play area. A bicycle rack needs to be provided adjacent to the pool area and for each of the mixed use buildings fronting Federal Highway and is attached as a condition of approval. This performance standard will be met, subject to the bicycle racks requirement. In conclusion, a finding of substantial compliance can be made with respect to all of the performance standards subject to the provision of a nature preserve area and bike racks as noted above. WORKFORCE HOUSING STANDARDS FOR DENSITY INCREASE: LOR Section 4.7.3 - Provision of Workforce HousinQ 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 units, subject to the limits and requirements of this chapter. The bonus allowances are set forth in Table 1 as follows: ~ I , ..... , , 6 . SPRAB Staff Report: Meeting of 03/22/06 141h Avenue Townhomes Class V Site Plan, Building Elevations, and Landscaping Page 6 the south propertY-Jine provides additional protection, The proposed townhouse units are infill development and additional mitigation is provided by the separation of the residential units to the south by the SW 2nd Street right-of-way, Thus, the proposed development complies with this performance standard, (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The proposed streetscape incorporates building offsets as well as variations in the roofline. The roofline is a combination of gable and hip roofs. Diversity among the windows will be accomplished with the provision of five (5) different windows shapes. The front elevations of the buildings contain the entries to individual unit~ with alternating designs and neo-traditional porch areas. The garages and driveways are provided to the rear of the buildings. However, to help set apart and distinguish each individual unit, the two-car garage doors should alternate colors coordinated with the proposed building color and door design style; thus, this is attached as a condition of approval. The architectural elevations include many features and design elements, such as: decorative black aluminum shutters, balconies with black aluminum railing, aluminum French doors, decorative wall mounted fixtures, decorative stucco column base and capital, and rectangular and arch top louvered vents. All three buildings have two story roof lines except for the end units that feature a one story roof line. The proposed buildings will have light texture color stucco finishes. The proposed architectural style (Neo- Traditional Florida Neighborhood style), with three different colors (white, light green and orange) to distinguish individual town home units, will create the varied streetscape and building design required by this performance standard. The proposed development will comply with this performance standard provided the condition of approval is addressed. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi- family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project provides three and four bedroom units along with two car garages. There are two different size three-bedroom units with different floor plans, (1,536 square feet and 1,361 square feet) and one size four-bedroom unit (1,736 square feet). Variety has been provided in term of the size of the units to accommodate households of various sizes and ages, Family size and income level on the Southwest Neighborhood Redevelopment Area does not indicate a demand for one or two bedroom units, and thus, such type of units are not provided. Based upon the above, this standard has been accommodated, (f) The development is designed to preserve and enhance existing natura/areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. This is a redevelopment project. Since the site has already been disturbed, no natural areas exist on site to be preserved, Given the fact that the property will be divided into fee simple lots and the small scale of this project, it is not practical to provide common open space for native habitat. It is noted, however, that the project does provide a substantial amount of open space Site Plan Review and Appearance Board: Staff Report 05/11/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Banyan Village Page 11 painted with Antique White color, The fascia, garage doors, foam brackets, shutters, and doors will have a dark brown while the windows will have white aluminum color, Belly railings will have a dark gray iron color while the EI Dorado stone ledge cut will have a light brown Carmel Mountain color, The 6" raised stucco band will be painted with a Egg-white color, Thus, the applicant has attempted to address the Board direction, If the Board feels enough variety exists this standard will have been accommodated, .~~~~:~j~\'t:R."Wii~:~:t'~~~~~~il"~~"i.~~~4t~.~.-A.l:~.-": (e) A number of different unit types, Sizes anq floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project provides three bedroom units along with one or two car garages. There are three different size three-bedroom units, 1,603 square feet, 1,724 square feet, and 1,999 square feet. Variety has been provided in term of size of the units to accommodate households of various sizes and ages. Based upon the above, this standard has been accommodated. ......... IW !F ;"~~~~.~~~J:!.\iQi:Iir~~"~~~~~: ,. ~ .. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. The subject properties contain only one significant environmental characteristic, a large Banyan tree located at the northeast corner of the site. This Banyan tree plays an important role in the character of the property and has been incorporated into the design of the proposed development as a passive recreational park area for the site. Thus, the development proposal complies with this performance standard. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project includes a sidewalk system and interior courtyard walkways that connect each building, the pool/cabana recreation area, the Banyan tree park area with the proposed sidewalk along S.W. 10th Street and South Swinton Avenue, A pedestrian connection is also provided to the transit stop and shelter located on the property, As discussed in greater detail later in this staff report, the development is required to provide a bus shelter easement at the northeast corner of the property which has been indicated on the site plan. Therefore, based on the above arguments, positive findings can be made with respect to all seven performance standards, the performance standards will have been adequately addressed to support the proposed density of 11.78 units per acre. LOR Article 4.6 - Supplemental District Requlations: Lighting: The Board also provided the following comment and direction regarding the elevations: "Site lighting needs to be provided around the landscaping", The applicant has indicated, and depicted on the photometric plan, that there will be 54 street light poles along the proposed street system, courtyard walkways, and Banyan Tree Park, A Site Plan Review and Appearance Board Staff Report Class V Site Plan, Landscape. and Archilectural Elevations for Delray "7" Townhomes Page 6 . j.~~~....~w..~~~,~~~#,~.~'.1;~~~~*Q~.~;~"'i~~~.;~~fi..i-w""'~';..;;;;':;'.s....l"U..;w;,....'W.:.it..!r.....s,:,~~~~;,iau~~~":..,.,... ) A number of different unit types, Sizes and floor plans are available within the development in order to accommodate households of various ages and sizes, Multi-family housing will at ' a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a. mix of three and four bedroom units with varying floor plans, The project provides seven (7) 3-bedroom units with two car garages, Unit size ranges from 2,020 to 2,185 square feet under air. Five (5) units will have a patio area and swimming pool. Some variety has been provided to the floor plans to accommodate a range of household sizes, but the applicant did not provide first floor plans and this is attached as a condition of approval. Given the small size of the project, a greater variety of unit types and sizes is not practical. Based upon the above, this standard has been accommodated. 'ilF.4IIIl....JIlL--""V,04J~ Ul~~,.,~_.",.~_~~,__lj_1 --II ~T"""""~n.~41-~] J. r J1~-~~ '. ..~ .,J f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. This is an infill development project. Since the site is a vacant lot, some natural areas will be disturbed. Given the fact that the property will be divided into fee simple lots and the small scare of this project, it is not practical to provide common open space for native habitat. Therefore, this performance standard is not applicable to the proposed project. It is noted, however, that the project does provide a substantial amount of open space which incorporates required native vegetation into the design. - g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. Given the small size of the project, no site specific bike or pedestrian facilities are needed. In conclusion, a finding of compliance can be made with regard to the two applicable performance standards - (d), and (e). Performance standards (a), (b), (c), (f), and (g) are not applicable to the proposed development. Based upon the above, a positive finding can be made that the performance standards have been adequately addressed to support the proposed density of 11,3 units per acre. LOR Section 4.6 - Supplemental District ReQulations: Site Lighting: Seven light poles are proposed to be dispersed within and on the perimeter of the development. The project also will have matching decorative wall mounted light fixtures located in several locations on the residential units, Pursuant to LOR Section 4,6,8, site lighting limited to a maximum height of 25' must be provided on-site and be consistent with the illumination level requirements included in this section, Further, cutoff luminaries or fixtures provided with cut-off shielding shall be used around the perimeter of a facility in order to limit glare and light spillage onto adjacent properties, According to the photometric plan included with the submittal, the light fixtures will be placed adjacent to driveway areas and at the perimeter of the property adjacent to units uG", "B", and "A", The proposed light fixtures on decorative lamp poles will be mounted 7' above finished Planning and Zoning Board Staff Report Island Air Property - Conditional Use Request Page 8 ~1~.~~~~.......~ri'JtQ,~~:.~~~'U~9"t.W-~~~~~,=,~~~"~~~~J07!,'!i'!Y..JQlIf!~~~:';:~~ I (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The following table identifies the mix of residential floor plans that are included in the proposed development: Unit 3 bedroom 3 bedroom 3 bedroom 3 bedroom Floor Area 2,266 s . ft. 2,417s . ft. 2,521 sq. ft. 2,162s . ft. Quantit 13 11 8 1 The table indicates that a variety of three bedroom units will be provided. Since the development proposal does not include one and two bedroom units, a finding of compliance cannot be made and the proposed density of 11.34 dwelling units per acre cannot be supported. In order to achieve compliance with this performance standard, the units need to be redesigned to include one and two bedroom units and this is attached as a condition of approval. Based on the above, this standard has been substantially met provided a mix of one and two bedroom units are provided. _4... lIJ1q........._~UID--.._~lilJRI~~~'.,."'f'~i..~._~ ~ . (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. The property does not contain an existing natural area or water body that warrants preservation. Pursuant to LOR Section 4.4,6(1)(2), some referenced standards may not be applicable for small infill-type projects. As this is an infill project, compliance with this standard is not applicable. (g) The project provides a convenient and extensive bicycle/pedestrian network,. and access to available transit. The development plan includes the installation of a bus shelter along Federal Highway (easement noted on site plan). Further, sidewalks are provided for residents to access the recreation facilities along the east side of the property. Based on the above, a finding can be made that the development substantially complies with this performance standard. In conclusion, the applicable performance standards are (a), (b), (d), (e), and (g). To achieve the proposed 11.34 dwelling units per acre, the applicant should substantially meet all applicable standards, A finding that the project substantially complies with SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 4 The following table"identifies the mix of unit types proposed with the development: .,....."'I,W..\'.,'i;."~"\,'?"c.~"~~~~. 3 bedroom 3 bedroom 4 bedroom 4 bedroom 3 bed room 3 bedroom 4 bedroom 3 bedroom 5 bedroom 3 bedroom TOTAL # OF UNITS 1,816 s .ft, 2,300 sq.ft. 3,691 s .ft. 2,765 s .ft. 2,204 s .ft 2,235 sq.ft. 2,971 sq.ft. 2,752 s .ft. 4,619 s .ft. 2,203 s. .ft. As noted above, the proposed development contains 10 different floor plans that include 3, 4 and 5 bedroom units. While this in-fill development has provided a variety of floor plans,a one bedroom unit has not been provided. The provision of a mix of bedrooms is problematic for smaller in-fill developments given the premium on the land. It is noted that the percentage of 4 and 5 bedroom units is higher than the City has typically experienced and will provide a better opportunity to attract families. For this reason, the proposed mix of floor plans is supported. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. . ~ll'~''''''_,.~lrw~~:I_~~._~..~~._, _,. The property does not contain an existing natural area or water body that warrants preservation, As noted above, infill-type projects can be exempted from the performance standard~.. The creation of a natural area or water body on the 2.73 acre parcel is not feasible. Therefore, compliance with this standard is not applicable. .' (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The development plan includes the installation of new public sidewalks along State Road A1A, Casuarina Road, Gleason Street, and a portion of Bucida Road, The applicant has indicated that extending the sidewalk along Budda Road to State Road A 1 A is problematic given the grade change. A condition of approval is attached that the applicant extend the sidewalk along Bucida Road per the City Engineer's direction that considered the change in grade, Further, the development proposal includes a 4-foot sidewalk and 5-foot crosswalk over State Road A 1 A for the valets from the beach club. As will be discussed later in this report, the applicant proposes to utilize the excess parking for the beach club, Based on the above, a finding can be made that the development substantially complies with this performance standard subject to the condition of approval. Site Plan Review and Appearance Board Staff Report Class V Site Plan, Landscape Plan and Architectural Elevations for The Terraces at Delray Beach Page 6 (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units), Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The proposed streetscape incorporates building offsets as well as numerous variations in the roofline and tHe style of roof into its design, The roofline is a combination of standing seam metal gable, hip and mansard roofs and will also incorporate parapets with ornamental metal panels, Diversity among the windows will be accomplished with the provision of five (5) different styles of windows, The doors within the building include arched French doors with side lites and the entry doors will either be recessed within an archway or sheltered by a shed style doorhood. The architectural elevations also include balconies with ornamental aluminum railings, two (2) styles of louvered shutters, raised front porches ("dining terraces") and decorative garage. doors. The proposed architecture will create the varied streetscape and building design required by this performance standard; thus a positive finding can be made with respect to this performance standard. e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes, Multi-family housing will at a minimum have a mix of one, two and thr,ee bedroom units with varying floor plans, Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The development proposal consists of eight (8) total units with four (4) different floor plans consisting of four (4) bedrooms each, While a variety of floor plans have been provided, there is no mix with regard to the numbe.~ o.f b~cjro.om~~_s_ smaller one and two bedroom units have not been accommodated, However, due to the limited size of the proposed development, the provision of larger, more accommodating units is certainly preferable. Based upon the above, ' this performance standard has been met. . . . . "'4_.J..la~,1-,~~IJ...~.L~~~ )I(AJi.a.Il..~~W'" 1Il1"rJm''rt~ ~......~..A,.,,~iIb8"wJI-.a&w~'IllI~:~D6aJ' '~'~i.' "'....",..~.i""""..:r...:..rI;,,~'""..~~-p:ti.iWrjt. . .~.~ '~~'''\CM'~''Hrt'''r,.',- ~"m "~1!'11l11_?"""..""" r>>y~~~ (f) The development is designed to prese/Ve and enhance existing natural areas and/or water bodies, Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project, The 0.74 acre site has been disturbed and no natural areas exist on site to be preserved, The proposal involves the redevelopment of property located within an urban area. Thus, compliance with the standard is not applicable, (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. Compliance with this standard has been achieved as the proposed development is located at the intersection of two existing rights-of-way, SE 1 st. Street and SE ih Avenue, and a sidewalk will be constructed with said rights-of-way. In conclusion, a finding of substantial compliance can be made with regard to performance standards (d), (e) and (g), A finding of compliance with performance standard (b) can be made provided the attached conditions of approval pertaining to the reduction in the height of the building appurtenances and architectural elements are addressed, The remaining performance standards [(a), (c) and (f)] are not applicable to the proposed development. Based upon the above, the performance standard requirements of the RM zoning district have been adequately addressed to support the proposed density of 10,82 units per acre provided that the attached conditions of approval relating to performance standard (b) are addressed. SECTION 4.4.6 (I) (1) (c) (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas, Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25%_or more; and a hedge, wall or fence is provided as a visual buffer between the properties, [Amd. Ord 42-97 10/7/97] (d) The development offers a varied streetscape and building design, For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units), Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc, [Amd. Ord 42-97 10/7/97] ~~'Jl'!i~~~~~ .. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes, Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans, Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. [Amd. Ord 42- 97 1017/97] . ".....~~iiA.L~~~i't6~,;.o:. ,...~ n (f) The development is designed to preserve and enhance existing natural areas and/or water bodies, Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. [Amd. Ord 42-97 1017/97] (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit [Amd. Ord 42-97 10/7/97] 4- 11' W.-""\a.1itI"iIU"~~~~~~ (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements, [Amd. Ord 42-97 10/7/97] ',~,~~......~~~.......,.tdlJ. lJ.,~,,'~'~~~I~.t+1Q". (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area, [Amd. Ord 42-97 10/7/97] 4.4 - 21 MEMORANDUM FROM: _ ~OR AND CI1Y COMMISSIONERS ~ITY MANAGER AGENDA ITEM q 5 - REGULAR MEETING OF JUNE 6. 2006 CONTRACT AWARD/NEEDHAM ROOFING. INC. TO: SUBJECT: DATE: JUNE 2, 2006 This is before the Commission to consider approval of a contract award to second lowest bidder, Needham RoofIng, Inc., in the amount of $179,849.00 for the Re-roofing of the Community Center Gymnasium Project. The re-roofing will consist of a built-up modifIed sheet roof system with replacement of wood deck, wood fascia, wood nailer, and rain water drain bowls as needed. This type of roof system will limit closure of the gym to approximately one (1) week while the hot mopping of the first layer is installed. Facilities may be opened thereafter for the remainder of the project. The Garland System includes a twenty (20) year warranty and can be renewed for an additional ten (10) years. After inspecting the existing roof conditions, staff recommends awarding the project to the second lowest bidder in order to offset excessive wood deck replacement costs which we may encounter. The spreadsheet is attached for your reference. Funding is available from 334-4125-572-46.90 (General Construction Fund/Other Repair/ Maintenance) . Recommend approval of contract award to Needham Roofing, Inc. in the amount of $179,849.00 for the Re-roofing of the Community Center Gymnasium Project. S:\City Clerk\agendamemos\Second Lowest Bidder Needham Roofing Comm Ctr 060606 ~.e. City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com FROM: David Harden, City Manager ~ Bob Diaz, Construction Mana~ RE-ROOFING COMMUNITY CENTER GYMNASIUM (PIN 2006-038) Commission Agenda Item, Contract Award TO: SUBJECT: DATE: MAY 30, 2006 Attached is an Agenda Request for City Commission to approve an award a contract to Needham Roofing for the Re-Roofing of the Community Center Gymnasium, Project No. 2006-038. The re-roofing will consists of a built-up modified sheet roof system with replacement of wood deck, wood fascia, wood nailer and rain water drain bowls as needed. This type of roof system will limit closure of the gym to approximately one week while the hot mopping of the first layer is installed. Facilities may be opened thereafter for the remainder of the project. The Garland System includes a 20 year warranty and can be renewed for an additional 10 years. Having inspected the existing roof conditions it's our recommendation to award the project to the second lowest bidder in order to offset excessive wood deck replacement costs which we may encounter. Spreadsheet attached for your reference. Staff recommends City Commission award a contract to Needham Roofing in the amount of $179,849.00 for the Re-Roofing of the Community Center Gymnasium project, PIN 2006-038. Funding is available from account 334-4125-572-46.90, Other RepairlMaintenance Cost. cc: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero, Dep. 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This contract includes removal of existing roof material and installation of new built-up modified roof to the Community Center Gymnasium utilizing the Garland Company, Inc. as the performance standard. The contingency allowance will include necessary wood deck, fascia, nailer & rain water drain bowl replacements. Funding is as follows: Account # 334-4125-572-46.90 for the amount of $179,849.00. Bid tab is attached for your review. ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES@ Recommendation: Staff recomme Department head signature ~-I-Ofo Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (ry;t on all items involving expenditure of funds): Funding available: ES/ 0 L.-t7f Funding alternative (if applicable) Account No. & Description 3~ f./ - 411..-~ - S72, <./ '-7/) OI1tr bl.'a; r / Ha,nk n a CA.. Account Balance $ / J' ~ 0 0 0 . r I City Manager Review: Approved for agenda: Hold Until: ~o Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: Richard Hasko; Director of ESD Rafael Ballestero; Dep. Director of Construction, ESD City Clerk's Office Agenda File 06/06/06 File 2006-038 (A) S:\EngAdmin\Projects\2006\2006-038\OFFICIAL\agenda.doc MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: ~I1Y MANAGER SUBJECT: AGENDA ITEM 9~ - REGULAR MEETING OF JUNE 6,2006 CONTRACT AWARD/RAYSIDE TRUCK AND TRAILER, INC. DATE: JUNE 2, 2006 This is before the Commission to consider approval of a contract award to second lowest bidder, Rayside Truck and Trailer, Inc. in the amount of $21,513.00 for the purchase of a utility body and crane to be mounted on City Vehicle #444 for maintenance of the Lift Station for the Utility Maintenance Division. Low bidder, Stamm Mfg., did not comply with all of the specifications requested by the City Garage, therefore, staff recommends approval of award to Rayside Truck and Trailer, Inc. Funding is available from 501-3312-591-64.20 (Central Garage Fundi Automotive). Recommend approval of contract award to Rayside Truck and Trailer, Inc. in the amount of $21,513.00 for the purchase of a utility body and crane to be mounted on City Vehicle #444 for maintenance of the Lift Station for the Utility Maintenance Division. S:\City Clerk\agendamemos\Second Lowest Bidder Rayside Truck and Trailer 060606 ~ MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Managercr THROUGH: Joe Saffo~ance Director DA TE: June 02, 2006 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JUNE 06, 2006 - PURCHASE APPROV AL - TRUCK UTILITY BODY TO BE INSTALLED ON CITY VEHICLE Item Before Commission: City Commission is requested to approve the purchase of one (1) Reading 98DW Utility Body with rear wheels, a Liftmoore 1032 Hydraulic Crane, hydraulic power hoist, boom elevation and extension, to be mounted on 24" high pedestal at L/R of utility body, and a hydraulic fluid reservoir tank to be mounted inside LH Compartment with a 10,000 ft. - lb. moment rating and 375 degree rotation. Additional features include crane side rear spring build up, super-duty Ford PTO Driven Hydraulic Pump, Weatherguard 100 gallon rectangular fuel transfer tank, and 1,000 Watt Power Inverter to supply AC Voltage to fuel pump. This equipment to be purchased from Rayside Truck & Trailer, Inc. is to be mounted on a new 2006 Ford F350 Truck, City vehicle #444, used by Utility Maintenance for list station maintenance. Quotes were requested from three (3) vendors as listed below: Rayside Truck & Trailer, Inc. Fontaine Truck Equipment Company Stamm Mfg. $21,513.00 $22,210.00 $20,500.00 Staff recommends approval for award to Rayside Truck & Trailer, Inc. for the total of $21,513. The low bidder, Stamm Mfg., did not comply with all of the specifications requested by the City Garage. See attached memo dated June 01, 2006 from Kevin Rumell, Fleet Superintendent. Recommendation: Staff recommends approval for the purchase of one 98" Utility Body and Crane with Dual Rear Wheels and accessories from Rayside Truck & Trailer, Inc. for the total amount of $21,513. Funding from account code 501-3312-591-64.20. Attachments Message Page I of I Rooney, Jackie From: Rumell, Kevin Sent: Thursday, June 01, 2006 1 :59 PM To: Rooney, Jackie Subject: Commission Agenda Jackie, I spoke to you a few days ago about quotes I was getting to install a Utility Body with a Crane and 100 gallon fuel tank on a new truck that I have received. You said that when I got all the quotes that you would prepare it for City Commission. I have 3 quotes, which I'm faxing over to you, along with my spec sheet. 9ne vendor, Sta_mm Mfg. did t!9t c0!TIJ21ywithall of mY~~~~~<:::l~ons; Rayside Truck and Trailer and Fontaine Truck Equipment were the other two bioaers; with Rayside being the lowest of the two. Please call with any questions. Thank you, Kevin G. Rumell Fleet Superintendent City of Delray Beach 434 S. Swinton Avenue Delray Beach, FI. 33444 Phone: (561) 243-7333 Fax: (561) 272-5366 6/1/2006 City Of Delray Beach Fleet Maintenance Department MEMORAN D U M www.delrayesd.com TO: FONTAThffiTRUCKEQU~MENTCOMPANY A TTN: ERNIE PIZZO FROM: KEVIN G. RUMELL FLEET MAINTENANCE SUPERINTENDENT SUBJECT: TRUCK BODY AND CRANE DATE: MAY 24, 2006 Please provide a price quote for the installation of the equipment as listed below, on a 2006 Ford F350 SD Dually, with Diesel Engine and PTO provision on the transmission. )- 98" Utility Body With Dual Rear Wheels; Provide Credit for Pickup Bed on Truck ~ Liftmoore 1032 Hydraulic Crane with Hydraulic Power Hoist, Boom Elevation, and Rotation; Manual Boom Extension, Mounted on 24" High Pedestal at L/R of Utility Body. Hydraulic Fluid Reservoir Tank to be Mounted Inside LH Compartment Features: 3200 lb. Capacity, With a 10,000 ft.-lb. moment rating. 375 Degree Rotation Removable Pendant Control with 18' Cable Winch Equipped With 62' of y.." Galvanized Aircraft Cable Includes Traveling Block With Swivel Safety Hook, Anti Two Block, and Load Sensor Includes Std. Duty Manual Outriggers Boom Extension 7' to 11' Hydraulically and 11' to IS' Manually 3,200 lb, @ 3' 1,428 lb. @ 7' 1,111 lb. @ 9' 909 lb. @ 11' 666 lb. @ IS' )- Crane Side Rear Spring Build Up )- Superduty Ford PTO Driven Hydraulic Pump, Minimum 6 GPM at 2,500 PSI )- Weatherguard 100 Gal. Rectangular Fuel Transfer Tank With 120 V AC Electric Pump )- 1,000 Watt Power Inverter to Supply AC Voltage to Fuel Pump. U:lwwdatalTraining ApP"OWll.doc . QUOTE # Curr Date: QuoteDate: Good Thru: 060530-1.2 05/30/06 05/30/06 09/27/06 Bill to: 3260 Sold to; 3260 CITY OF DELRAY BEACH 1.00 NW 1st Ave. Delray Beach FL 33444 Rayside Truck & Trailer, Inc. 2983 s. Mi1.itary Trail West Pa~ Beach PL 33415 561-965-7950 sls Rep: Bill Rittberger Ship to: CITY OF DELRAY BEACH 100 NW 1st Ave. TRK # Delray Eeach FL 33444 VIN - ~ -- # : Cust PO#: ? / KEVIN RUMMELL Contacc : KEVIN RUMMELL Phone NO: 561-243-7130 Terms---; net 30 Ship via: COO CPU Comments: Job Oesc: LIFTMOORE 1032X-1S CRANE Part number ===~=~==========~~:~= RBW 98ABDW USD P/U BltD CRANE MOUNT OUTRIGGERS LFT 1032X-1S FBT 3LEAF nescription Phase Quantity UOM ~==============~....========== =~~.s --------- --------- *READING 9S0W UTILITY BODY 23 LOO *TRADE IN ALLOWANCE 41 1. 00 EA *OUTSIDE THE BODY, 3.2K CRANE 50 1.00 EA *PULL-OUT wi H.D. JACK STANDS 61 1.00 EA *3200# HYDRAULIC TRUCK CRANE 410 1.00 EA 10,000 FT.~LB. MOMENT RATING. CAPACITY: 3,200 LBS. @ 3' J.,428 LBS. @ 7' 1,111 LBS. @ 9' ~09 LBS. iii 11' G66 LBS. @ 151 HYDRAULICALLY POWERED ROTATION, WINCH, BOOM ELEVATION AND EXTENTION. BOOM EXTENTION 7' TO 11' HYDRAULICALLY AND 11' TO 15 I MANUALLY. 375 DEGREE ROTATION. REMOVABLE PENDANT CONTROL IS 18' LONG. INCLUDES 62' OF 1/4" GALVANIZED AIRCRAFT CABLE. INCLUDES TRAVELING BLOCK WITH SWIVEL SAFETY HOOK. INCLUDES ANTI TWO BLOCK. INCLUDES LOAD SENSOR, DRUM '1'0 WIRE RATIO MEETS ANSI REQUIREMENt'S. PUMP SHOULD SUPPLY 6 GPM AT 2500 PSI. MOUNTED ON 24" HIGH PEDESTAL AT REAR OF UTILITY BODY. *CRANE SIDE SPRING BUILD UP *** CONTINUED NEXT PAGE *** 425 1. 00 EA QUOTE Page 1 Mfg. Ref: Cust Ref: typed Make: FORD Model: F350 Year; 2006 CAli IWB" : Lie.No. : Odometer: 0 Ord Tkr: PM Priee J!:xtended =-- =~======== ======_M.~; 4,578.00 4,578.00 -300.00 -300.00 410.00 410.00 675.00 675.00 12,495.00 12,495.00 535.00 535.00 "QUOTE # Curr Date; QuoteDate: Good Thru: 060530-12 05/30/06 05/30/06 09/27/06 Rayside Truck & Trai1er, Inc. 2983 s. Military Trail West Palm Beach PL 33415 561-965-7950 QUOTE Page 2 Delray Beach FL 33444 Sls Rep: Bill Rittberger Ship to: CI'l'Y' OF DELRAY BEACH 100 NW 1st Ave. TRK # Delray Beach FL 33444 Mfg. Ref: CUlilt Ref; typed Make: FORD Model: F350 Year; 2006 CA"/WBIl : Lie.No. : Odometer: 0 Bill to; 3260 sold to; 3260 CITY OF DELRAY BEACH 100 NW 1st Ave. VIN..~-#: Cust PO#; ? I KEVIN RUMMEL~ Contact : KEVIN RUMMELL Phone No: 561-243-7130 Terms---: net 30 Ship Via: CDO CPU comments: Job Oeser LIFTMOORE 1032X-1S CRANE ord Tkr: 'PM Part number Description Phase Quantity UOM Priee Extended =============~==-~;== =======~==~~=M~============S~= =~~~JIl:;r;:_;:::= ===::::z=-a:.;;:;;:;:;;:: OPT FTO-FORD *INSTALL SUPERDUTY FORD PTO 604 1.00 EA 1,825.00 1,825.00 WTG 358-3 *WEATHERGUARP 100 GAL RECT. 650 FUEL TRANSFE~ TANK WITH 120 VAC ELECR1C FUEL PUMP. INCLUDED IS VECTOR VEC049 1000 WA'IT INVERTER. 1. 00 EA 1,295.00 1,295.00 i~:::7~~~===~:b=;~~:~===~:~:;=;:;===;;~:;=i~~;i==~=====;:;;~~~~==~~::~=;~:=== 21,513.00 0.00 21,513.00 . 0.00 21,513.00 Print Name Date Accepted X Accepted By , fu9.!!~'!!~, Fl L.ud.r 154.784-.,120 QUOTATION Quote No.- 16031 Quote Dllte 1/~.1/2008 veHICLE INFOftMATION: Quoted To: CITY OF DELRAY BEACH 100 N.W. 1ST AVE. DELRAY BEACH, FI. 33444 USA CulttOlt\.... '. 2QO.101B2 I~I C"'tomer COn1:IOt KEVIN RUMEL.L. 1109 -Ft. L.udl!!r 9$-4-764=7720 Descrlptlo" eLlttom8r PhOn." 561124317'000 _..~.nt T..-me Net 30 I ~u.nttti~ [ 1.00 291.EI f!QUIPMENT INSTALLATION Furnish and install: :>Q8~ ORW Kn~t'leide service body ModeI6960~J1 ! electroc:lepoSition dipped primer pain1! standard divIder ."elf package J recessed liSlhttll positive open & cloM! doors J 9illvaneal rotary latches I recessed treadplat. bumper I tread plate 1Ioor i single stage painted white exterior >AutoCrane 3203H : 3.200 lba, (1 .452 kg:l) capacity I Crane rating Of 10,500 ft. lba. (1.5 tm); maximum lifting C4lpaclty of 3.200 Ibs.(1,4S2 kg.) at 3 ft. (.9 m) I Hydraulic Pc:-wer Hoist, 800m Elev.tion. and rotation: Manual &om Extension, Mount.d on 24" High Pedestal (compartment reinforcement) at L/R of Utility Body. / Hydaulic Fluid R.eiervcir t.,ic to be Mounted Inside LH compartment /3700 power I'OtIltion I Removable 30 ft. (9.14 m) remote oontrol p.ndant. Wit" pendant control located beneath the crane I WInch ~quipl)ed wit" ei.2 ft. (18.9 m) of 7/32" CIS rnm) aircraft qu_1lty cable Ilnc:lud.. Traveling Block with Swivel ..fety hook., AntI Two alool(. Automatic overlOad sensor protection stand.reI I 'netUdeS Std. Duty Manuml Outriggers t Power boom extends from 7 ft. (2.1 m) to" n.(3.4 m), with manual e-.:te",lon to 1 5 ft. (4,6 m) 3,200 lb. @ 3 ft. /1.600 I". @ ., ft. 11,165 lb. @ 9 ft. I filS! Ib ~ 11 ft. f 87~ lb. @ 15 ft. Crane side rellr IIpor1ng build up I SI.Ir;lerduly Ford PTO Driven Hydl'allic Pump, Hydraulic requirements are 5 gpm at 2,200 ".i I -Proportior,al control standard MHts OSHA 1910.180 req. I Meets ANSI 630.6 safety atds. >WeatnerGuard 100 ;81. R8Ctangut.. Fuel TranSf.r TST1k witt111 5 VAC Electric pump delivers up to 13 GPM/49 LPM of fluid >1,500 watt; pwer Inverter to Supply AC VOltege to Fuel pump. Y..r M.k. MOdel VlN. CAlC QVW Engine Tl"lInsmiqlon 20QI Ford F350 SD Dually 56" Diesel Man..... 822,510.00 $22,510.00 IINOTi!=Unle.. otherwis~ i~ted..I.. ~ax is not fn~IUd'd i~' the Quotation totail1 .FONTAINE~. .. mUCK ~rJUiPMENl COMr;lANY Ft. Lauder 1$4..7804'"'720 QUOTATION Quoted To: CITY OF DEl-RAY BEACH 100 N.W. 1ST AVE. OElRAY BEACH. FL 334.-. USA 2i1.EI EQUIPMENT INSTALLATION ~C~dit tor new S ft dually pick up bed Cwttorner e~t Quote No... 115031 Quote Date 6/3112008 VEHICLE INFORMATION: Ya, Make Model VlN' CAlC GVW Engln. Tran_mini!)" 2006 FC)rd F350 Si:rDuany _ 66" Dre", Manu.1 CNtOff*'ltM"" 581/243/1000 ..J>>~m.nt l.rma Net 30 [ ~: Q..."titY 1.00 ($300 00) ($300.00) Total: $22.~1D.OO IINOTE: Unless otherwfae stated saleAo ~x is not in~ludQd: i~th. Quotation total~ May 24 oe 02:49p p.1 /obd. ~ S · . t@mm ~ '" DI'.~$lUri 0/ Worle Indu6\ri<.1 Gq!JlIJmanl.ll1C. "Deslgr.er & Manufacturer or Lfft Equipmenl" ....- ~. .,.. .' . . PROPOSAL Date: ~ 2..\f-'C:> (. , _ \ D Proposal Submitted To.GJ.-r~ DE'~~~.~ttn: k-i1'\l \r-- f'v..l'I-\.e.l.l Addless: City: State: Zip: ~-r!:!""'M:&~!....Z]J'~UU.'l)olJ _Lt. m"A~u~~f.:.!.... ~~~";'.u~&~{......_.~.~um'l w. h..-eby submit IJPf'CHicaUons and prlr:lng tor: 9 {,. \ ~c.\ \; u.~: \~ -\-1 \3 ()J 7: w:~ '" t=T \0 l<'X \}~"'+....~ ~~~ I/Vl~-"I.4.,.L ~'-\::i v..~~~--'S \ .J. 'i~""~~ ?"".....~ rr<"- 7 d ""..... -C. "'''~s's ~ \ ~ 0 5~ [ {<..'E'c.'~"3""- \".... l ...." k ,~..> ?"",...f \ oDO w"-. rT e~~e,..-~'-' ---- . ':::<"0 S-Oo. ~J'C. ~ ~':"c..L....~ 8",J~ ?oo,C>~) } w. proPOS. hereb, to 'urn"" material Md r.bof'..(;omp,"- In accordance with above JJ(HIcJtfcatlO1lS, ..tim.ted c:oaf $. /7.:30r.-. '--V /700. .<> J ,;~ ro. '-l;:. c...() AU material Is guaranteed to be as spec:ifhd. All work to be ~Jeted hl . workmanlike manner according t standard pradlce8. Any altendiob or deviiltioD from above !lpeclfleatlonalnvolviDg extra cost will be eualW ...Iy Upoll writt_ orden, and will become all extra dlarg~ 4Wer and abovll tile estimate. All agreemeDtl continleot upo. lftrik-. eecidea.tl or eleJa". ~DCI OlD' co.trol. Owa.er to e8'1T)' fire, tun.do md otbtr .ec:essary Inllll....~. Our worken an laIty conred by Worlulum'. C..peal.tiO. J..~. Ti '-- Signature: 4850 ORANGE AVENUE · FOAT PIERCE, FL 34947 (772) 461-6056 MAIN PLA.NT . 1-800..226-5056 IN FLORIDA · (772) 464-2716 FAX www.stamrn.m1g.corr. · Email: IJftinfo@stamm-mfg.com ~ May 24 CI6 02:51p ENT ',. .: .-'~. ~. ! BGOm RfACH . FT. J CAPACITY - lIS. ~ ..lIl\gTn 3' I' l' I' 11" 1" 18' i l' 3:100 2IlOO lSOO . . . l 11' :i2\Xl 2000 1500 1200 1l2e . I 15' . 200t 1500 l;lCG 826 716 e,& i p.3 ;)- at z- .f \~. '-,<I The ET 10 Series features power rotation. power boom elevation and manual or elecb1c hydraulic power extention FEATURES .3,200 Ibl. LIftiNG CAP~CIT\' . 10,000 n.lb.. overturning momel"lt(12CO Ib$ capClclty ot 91t.).Actuol ovltrfurnlng momant vcrl.. with boom engle, extentlQn ond stabIlity c' chr;JAaI' . ELECTRIC-HYORAUlIC power . ELECTRIC WINCH~Wlth Automatic Ot'le-Wo'\l Braking that controls the lood going down . with no drag going up. EL.ECTRIC HYDRAUUC BOOM ElEVATlON-WI~h . Solenoid Lock Valve 011 Cyllnd.r.(,toNSI B3D.~, MANUA.L OR H'VORAUllC BOOM EXTENSION . 7 to 11 ft, Manuol 800m Exfe:'lslo~ !rom 11 to I S.~t. PILOT OPERATED CHECK VALVE AND PReSSURE . COMPENSATED FLOW CONTI<!OL VALVe -1'0 control toom During Retrcetlcn on I<X MOdel.(ANSI B30.ti) CONTlNUIOS 360- ~OWER R01'A'TION -With COg,' Limiting Brake. . ~EMOTE CONTROL PENDANT - EFwlronmentallv S~aled Swltoh.', 20 n.Cord W:fh Quick Chi' Connect Plug. . CABLE DRUM - to~.r.d Rong.. Qnd long;.e Free Ch&et Plot... F-Irst Wrap Olam,,1er 18 'l'lmei: 7/3~ n . Wlr. Rope Dlem.fer. Drum wldtl'1 4 1/,. ". (ANSI BeG.S) . SHEA"e DIAMETER--8oom and Swivel a1o~k. 18 Times 7/32" WlrQ ~Oplit Diameter. (ANSI B30.lSj STANDARD EQUIPMENT . MOMENT OVERLOAD SHUT Off MTEM CANSt B!C.6) . 65' or 71':l'J," DlAMen:R W1R:E !:lOPE WITH WElV HOOK-Lengths up to 100ft. AYCllable. .$WIVELINATCH aLOCK WI SAfElY HOOK. . MASTER DISCONNECT SWI1CH . 25 ft. BAnBl'i' CMLE- pa..$. rt,from Crone to Dltconr1ec:t ~~ . -66 to 7f1' 800M aEVATION ANGLE. OPTIONAL EQUIPMENT . SIDE BRACKET TYPE MANUAL OUTRIGGERS · FOLD AWAY TYPE MANUAl: OUTRIGGERS . PUU.OUl MANUAL OUTRIGGER SYSTEM . HYDRAULIC ~TRIGGeRS . MOUNTING PEDESTALS. 21'" and 36. High ~;;A..:=,..t\N~ II" "'. ~ ~ II. 1IIIlOIIer.. .lItonlt' lMI'elftcll h ~.~ ttc:OORllIIg__ ~-."clalfQnt, l>Utfo 1_....... uIllmoI*_1 ,,~Ia:ldc'- to o~ In o..~ QIIC I,. 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AGENDA ITEM NUMBER: t..)r \J'o--' AGENDA REQUEST Request to be placed on: June 06, 2006 Date: June 02, 2006 1L Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval of award to Rayside Truck and Trailer, Inc. for the purchase of a utility body and crane to be mounted on City vehicle #444 (Utility Maintenance Division of ESD for Lift Station maintenance) for the total amount of $21,513.00. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award to Rayside Truck & Trailer for the purchase of a utility body and crane to be mounted on City vehicle #444 (Utility Maintenance division of ESD for Lift Station maintenance) for the total amount of $21,513.00. Funding from account code 501-3312-591-64.20. Department Head Signature: '-..J ~ ~~ Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~ 81 J ~'1~-- Funding available: Yes "/.. ~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: g'Ra!)t'E Approved for agenda: es / -- Hold Until: No Agenda Coordinator Review: Received: {Iftf!.>~ [ITY DF DELIA' BER[H CITY ATTORNEY'S OFFICE 200 NW hI /\VE\iUE' DELRAY BEACH. FLORIDA 33444 TlU'Pl!O\iL: ')hll:'-U-70'i1l' FA.CSI~vlILE: 561/278-4755 DElRAY BEACH F l 0 Ii: I D A tIJf.td All-America City , III I! DATE: May 24,2006 1993 TO: City Commission 2001 Writer's Direct Line: 561/243-7091 MEMORANDUM FROM: Susan A. Ruby, City Attorney SUBJECT: Potential Sale of Property I have been approached by Mr. William Plum who desires to work on our behalf to sell the former Churchill property at a 3% commission for a period of ninety (90) days renewable by City Commission. The sale price will be a price acceptable in the sole and absolute discretion of the City. The City has the ability to cancel this Agreement upon five (5) days written notice, if the City determines that an RFP process is to be pursued. Mr. Plum will pursue the sale, conditioned upon the provision of a workforce housing component. Please place this item on the City Commission agenda for June 6, 2006. qD /~(lC,f '. -,Q CA _-JO 2. - c; I I, 31 - I U i\ S -- , I i Sf/-cJrU.. ~(oj e (;{ ~ ~n{ Yuhll' C A(+ S ~{lAS r I Ac~f-. i ()f1/V f)t6H- S~I JYlc (SC(V, I 13cJ.O-VtCe, ~JS(PIS3Q' _ @IL ~/ n MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~Y MANAGER SUBJECT: AGENDA ITEM # q"Eo. - REGULAR MEETING OF JUNE 6. 2006 APPOINTMENT TO THE BOARD OF ADJUSTMENT DATE: JUNE 2, 2006 At the City Commission meeting of May 2, 2006, Mr. William Branning was appointed to the Community Redevelopment Agency. This creates a vacancy for an alternate member to serve an unexpired term ending August 31, 2007. To qualify for appointment, a person shall be either a resident of or own property in the city, and/or own a business within the city. The following individuals have submitted applications and would like to be considered for appointment: Sara Coen Gerald Franciosa (also applying for the Downtown Development Authority and the Police Advisory Board) Pearl Markfield Elrod George Thacker A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3) for one (1) alternate member to serve an unexpired term ending August 31, 2007. Recommend appointment of one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2007. 08/05 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE 08/31/2007 Bryce Newell Realtor Cell: 843-3311 ReappI08/16/05 280 NE 2nd Avenue Home: 278-3068 Unexp Appl 04/19/05 all Delray Beach, FL 33444 Office: 900-9000 08/31/2006 Mel Pollack Director-Special Home: 272-7618 All Appl 08/19/03 800 North Ocean Blvd #1 Projects Cell: 213-1990 Reg appl 01/06/04 ReaPPI08/03/04 Delray Beach, FL 33483 08/31/2006 Clifton Miller Retired General Home 499-4899 Unexp Appt 10/05104 all 4691 Hammock Circle Contractor Unexp Appt 04/05105 reg Delray Beach, FL 33445 08/31/2006 Harvey Starin Realtor Home: 272-1665 All appl 01/13/04 3596 Admirals Way Office: 272-7100 Reg Appl 08/03/04 Delray Beach, FL 33483 Cell: 665-0900 08/31/2007 Lisa Shaheen Marketing/Public Home: 637-5776 Unexp Appl 03/01/05 3415 Lakeview Blvd. Relations Office: 865-4415 Re-appI08/16/05 Delray Beach, FL 33445 Cell: 305-772-3328 ALTERNATES 08/31/2007 Sigurdur Hardester Manager Home: 638-4088 Appll0/05/04 unexp 4308 Lakewood Drive Office: 923-1856 Re-appI08/16/05 Delray Beach, FL 33445 Cell: 706-9096 Fax: 877-627-8006 08/31/2007 Unexp Appl Vacant Contact: Venice Cobb x-7056 SICily ClerkIBoard 06fBoard of Adjustment Send Agenda to: George Diaz, Brian Shutt & Donna Quinlan Fax final Board Order to Chair Person for signature Copy of approved minutes to Donna Quinlan & George Diaz. MAY-25-06 THU 09:33 AM GIOVANELLI .c: . FA-Y.' ~61.- d-C( 3 ';3-:F1-</ /]7TV,' V&JJr'CE Gog is \\lED CITY OF DELRA Y BEACH REC,E BOARD MEMBER APPLICATIONM~Y'1..~ 2.\\\\6 C\1'( cLEf\" 1~-rfrk... M. T, J- OflRAY BEACH . . . .. . . A ***** 'm~ 1993 2001 561 278 7187 Po-31 Please type or pnnt the following mfoOlUtlon: 1. Last Name: 2. Home Add1:ess: 12o~ AlE 3. Legal Residence: N atue CQEN q ~ AVe. SA}/te: SA.Ktt teLRAy BEACH State FI Zip Code ?:, '~L18 3 - ---------....-.... State Zip Code City City 4. Principal Business Address: City Sute -----.-...- Zip Code S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 2f,f);l18-80( 3 ____.._ 6. Arc you a registered voter? YeS If so, where ~lI:e you .cegistered? lEL RPt Y 'ge-ACtA ..------ 7. What Bo:ud(s) are you interested in serving? Please list in order of preference: PLAN N' N &- .1-... LOIV i (\J G- -----~~ - _s'jTe PLI\.N. ReVlE\)u AN.!) A<?R::;At\ANCt ( 8,1) of AD~)V 50 TA1 eN T 8. List all City Boards on which you are curr:elldy serving or: have previously served: (please include dares) 9_ Education:!l qU'illifications: NON~ boc.TOf\ATE: - (~HJ)) ~ J'Vl~lS bOCToEZ. rMA5TE:R AT LAW 10. List :lny related professional certifications ~nd licenses which you hold: FL.o~d{)f\"B~ CERT( rl12b CoURT ME:DIATDR. l~ef\L E5Tf\T<=: L(C I ( 11. Give your present, or most recent employer, and position: CD ATIp R Ne y f-- (J)f-ou RT~ ~(STR\v\ cou(<X OF A:.fpe:AL 5, 12 Describe experiences, skills or knowledge whiCh qualify you (0 serve on tlUs bO~l.J:d: (Please attach a brief resume) f'.iVLT\()JL-rU"AL e'l-V?eRIENc.E (LlV'e-~ IN ~VKOf'E: -SouTKAtt12(C.lCA - u C;~D c..ovtJSe.LOR. AtJ~ ME:bIATOR - KN01Y.A-.eDGE:: oP C.vC(~RAL / SoC.l /-' Iv /;) L E. GrA..L j) I f" F ~ f\E N U"'_ <; ~ VAST Kfl 0 liL1...E D G€ {/If r<,E;'AL. G.ST/-~ TE FL.Ve:~,Yl I tv 5 LAN G-uA..&--C:S (iX-R\.'1Tb^-.> A /-..I 0 S?O r-::.e/'0 ~?/~Tf41 S.f~~ ~T'4UAf\... ~ GI\JG-Ll s-+t - \ or~ 0(ru",==,.><=--F~.~fI..- I hereby certify that all the above statCIUents are true, atld I agree llod Wlderstand that any misstatement of materiAL facts COI~taiO 91' t1~iS plication may cause forfeiture upon my par.t of :iIOY appoi.ntment I may receive. ; .' ~ ' '. /-yy2 .L""'/ b ) ,,~.... ~JI 0 _. SIGNAru~ ' DATE--'/ (\.Ii.e:l <; ) - A L ()\~-N.~~t~~~, ) ) s \ _:)l___ 1-\ '-- f-~) Note.: nus applic:il.tion will rem.a.in 011 file in the City Clerk's Office for. a period of 2 years from the date it: was submitted. It will be dl.e applicant's responsibility to ensu.re that a cuneot application is on file. S''':lr.CU',''.1l\B()^"LMJ'~U("-Af1(}H Sara COeD 1203 NE 9th Ave. Delray Beach, FL 33483 (561) 278-8013 saracoen@hotmail.com Objectives and Summary of Qualifications. I am a local immigration attorney, fluent in five language, with two master's at law: one in Trade and another in International Taxation. I haV'e also worked as a staff attorney for Honorable Judge Barry Stone, at the Fourth District Court of Appeals and previously I worked with the World Bank and the United Nations. I am interested in participating in the civic and public life of Delray Beach though a board membership. My strengths include: . Fluent in five languages: English, Spanish, French, Italian and Portuguese (written and spoken). · Experience with immigration. Remarkable analytical and writing skills. Good independent judgment and tact. · Member ofthe Florida Bar and the Southern District of Florida. · Juris Doctor and LLM degrees in Common Law and Civil Code systems, with professional and academic experience in Europe, South America and US. Education a Master at Law (LL.M) International Trade and Banking. The American University, Washington DC. a Master at Law (LL.M) International Taxation. St. Thomas University, Miami, Florida. a Master Studies in Commercial Law and EC Law (DEA). Universite de la Sorbonne. Paris, France. a Juris Doctor. St. Thomas University, Miami, Florida. a Juris Doctor Summa Cum Laude. Univ. Iberoamericana. Santo Domingo, Dominican Republic. a Private International Law Certification. International Court of Justice. The Hague, The Netherlands. a B.S. Administration of Tourism Enterprises. Universite Paris X Nanterre. Nanterre, France. Legal Experience WEISS, ALDEN & POLO, P.A. Boca Raton, Florida (10/05 - present). Attorney. Immigration and Consular Law Firm. Interview, file, prepare and represent clients before the Department of Homeland Security Immigration Services Unit. Work with investors and professional visas (H, L, and E visas) as well as with Labor Certifications. Provided representation for clients in removal proceedings. FOURTH DISTRICT COURT OF APPEALS. West Palm Beach, Florida (7/04- 9/05). Judicial Clerkfor Honorable Judge Barry Stone. Write bench memoranda for appellate panels, providing analytical and legal recommendations for holdings. Research and perform legal analysis. Draft, review and edit judicial opinions prior to publication. THE FLORIDA BAR. Cypress Creek, Florida. (6/01 - 10102). Law Clerk. Unlicensed Practice of Law Division. Perform legal research and write memoranda. Instrumental in performing investigations of non-English speaking individuals. Draft cease and desist affidavits, pleadings, and interrogatories, prepare depositions, issue subpoenas. LEGAL AID. West Palm Beach, Florida (7/03- 10/03). Law Clerk. Volunteer. Immigration Services Office. Perform legal research and write memoranda for case assessments. INTER-AMERICAN DEVELOPMENT BANK. WORLD BANK GROUP. Washington DC. (6/93 - 5/96). . Consultant. Project Analysis Department. Legal & Summer Intern at Budget and Evaluation Office. Write internal publications regarding ex-post evaluations oflegal and social reform projects in Latin America. SETERIE LUIGI BULGHERONI. Lake Como, Italy. (7/90 - 12/91). Legal Consultant. Silk manufacturing corporation. Prepare and negotiate licensing agreements for the use of textile designs. File copyright registration. Other Professional Experience YUPI INTERNET INC. (Currently YupiMSN). Miami Beach, Florida. (6/97 - 6/00). Content Editor and Business Developer. Founding team member of company purchased by Microsoft Network in 2002. Responsible for content development. Identify, draft and negotiate strategic alliances. Prepare presentations for angel investors. CONSULATE OF THE DOMINICAN REPUBLIC. Paris, France. (1/88 - 5/90). Assistant to the General Consul. Manage commercial receipts. Collect and emit visa documentation. Serve as liaison translator for investors. Pro bono IMMIGRATION CLINIC. OUR LADY QUEEN OF PEACE. Delray Beach, Florida (2001-2002). IMMIGRATION OFFICE. UNITED WAY HERMANAS UNIDAS. Washington DC. (6/94-11/96). FF'Or'l : CiEP-'::;Ht 1 V~ 'll;!" 'J;) Itll_ 1.;:;l;} l'i\,J :;'llll:ii;J:.lI'/1l Hug. 04 200~p;!W- ;:'DPC-~ II. "7Z~/CO/? <?/'f/C1 CITY OF DELRAY BEACH E.CE.\\lEO BOARD MEMBER APPLICATIOI( b '2.\\\\S . ~"G - ~ v C\..E.?\ C\\l . FH:': 110. : 5612660746 U 1"1: LLI:Jm OfUtAY n€A..cH ~ 'fir~ 1993 2001 Plea.sc type Ol: print rlK following inforoJarion: 1. Last NlUIlC: City 2. , tJ ElJE {'T 3. ~ Resitbce; S~ 4. P.r:incipal.Busin.~s Addtoesa: CiLy City $tlI.te ~Co& I. )- ~oD1e Pbo~e: , &bl ~(,b060Y 6. A.te you lI. ~te.red VOl1::t;( BuUuess 1>b,one: E.-M.2il Ad~5: Cell PhHb -HJj '~b ZJ Hb 7. W'h3.t Bo u;d(.,) <uc: you inte:re.5 ( in 8crving? Prase list in ~~ o~ pcefe..:~ce: " kJV' C Vfr7 rn ; cS , 8. Lis;: all City Boards 00 wb.kh you ue CUttcudy s~g Of have previously 3crv-ed: (P~ indwk ch~) ~ OW i.~~~ti~ qUru~fk.Ii<'n8; f3 to. J.lst any .Ielated profensiowU ce.rtificuioQS an(,i licc~ whicb. you hold: u:- Glo. rOur p-ent. OX = ,eeent .mploye~ aad pooitio", U ~A . 12. I)~a:ibc a:pe!:le:J.ce$. skills or knowledge which. qualify you to serve 01.1 chis board: (ple::ue 2!Uch a. hOd'resumc) I hct~ .,... . t ~ ~e a~ve C tanClJ.~ .aJ:c {(u~ d!ld I agree a.nd tu:u:fa~l:2ttd ~t: lrf17 miuotem.eo.t of nll1.~ &.eo; <on"""'" ""' ",.""-moy '"- f~,==< op~ my.,,: Qf ~y -""'n, ~ <' . SIGNA -;::7 . . D> . ::~ appli.::a.tioo. will rerna.in onfilc in tb..c- City a~s Offic.e for 01. peI!lod of 2 y~ from the chtc it ~ bmitt~. l{ 'JlTill be the applicme~ .responsibility to eUsuic'dJ$.{ a. CUI:rdlt ::lpplJ.Cll.ti.ou:is on file... , ~~"""""P1'UC\:DON WED 14:33 FAX 5612433774 CITY CLERK ~,~~ 'f$.t9l Z~1 S tJ,1:e <. ~-;:. )-;~'~. ;~~h~~ " .~ ~'. . . '~i ~~;, ";'," ;>;1';:::" ~~~:, 3-;{:~: "...... '."...'. ....,;':'~~ii~t~~~~fi,1ll~irl~;;~t.~~~de~~~.tor:L~~:O{2r~ .fr~~.~~~i.t-W~i s\ib~~It WiIl'.~eth.e:Zppli~(s J:(l$.po&1biJ,ky 00 e'nsuic tb:1t:a. cuU:rot. afl'pti~tion ~ ~~TI<lrl t -d ._._.1........ dSS : tJoO SO tJoO ~nH RESUME FOR PEARL "BUNNY" MARKFIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REAL TOR: COLDWELL BANKER REAL ESTATE (22 YEARS) PRESIDENT MERRITT PARK HOME OWNER'S ASSOC6 YRS BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRA Y AND CURRENTLY VICE-PRESIDENT. . .", ;"'.1 MEMBER OF THE SWfNW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTINGTIIE DELRAY LOOP AS A PROD PROJECT. HAVE LIVED IN DELRA Y BEACH 8 YEARS AND HAVE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. p.::J DELRA Y IS DEVELOPING AS A WIDESPREAD EXAMPLE OF HEALTHY URBAN GROWTH AN'O I AM HAPPY TO BE HERE TO ENJOY IT! '11','1'1 11'11\'11,..11'..... l"," ,:1 f11'1I',,'I' \1 f' I j I LLt t.} .. ',III I I I.. ,,./ '.11. 1 I .. "..1/ l.~-.;. tJ..I(JI~I.11 !..U'"t.:J f !.. .-'.....--. ......-....... , " <QI . . .. .. 'lit..... ;fiir 1993 2001 CITY OF DELRA Y BEACH () ~t1--is-l{jr< BOARD MEMBER APPLICATIOIECEIVED FEB 1 8 2005 7J .;2/ frO I RK M.T. S Zip Code -' Zip Code 1. 2. Home Address: O~ -C- Lo 3. Legal Residence: {>' bt .E. ) 4. Principal Business Address: Cicy ::I/nCl1IS'/'l..( L~, t;...,J -S '7Z ( o;l. , ~+- !-<<XJ.!'<- . ' 0 Cu. ( ~ 5. Home Phone: Business Phone: E-Mail Address: Cell Phone(s- Fax: 5tf-3:;-O--&;2.!d::L- 50 r-yr;,I-&9~65+w~'+~L&~f~ ,j Lf".L ~c\ '~/-C;c./-lj/170 6. Are you a registered voter? ./ If so, where arc you regi~(ered? ~ (,' -? /J /" (<-, r 4.,Y1 Vt'u.JCt c...o v" State Zip Code FL >:?r~7 7. 9. ds 011 which YQ,U are cnaendy serving or '~ . :vc prcviollsly seJ:Vcd: (pleasc include dares) r <: _ a.h'c</ I~ 10. W( my rel~(ed professional cercificanons Alnd licenses which you hold: 12. Describe experiences, skills or - n. nrs ace true. and I agree llnd unde.cstmd du,t any misS{acement of materill.l facts forfcinl[(:, l..lpon my pa.rr of any appointmalt I fillY J:eceive. 51 ;;;?-/rg -()~ DATE :Not~: This application will remain on file in dle City Clerk's Office for a period of 2 yeats from the elAte it waS submitted. h will be the applicant's responsibility to ensure chat a. current applicatioo is on file,. . S\ClTYCLE1tX\OOA!l.P\AI'fUC>-'l'IQN ~rn r I' ','PI 11'1 i~ '1 I :. 1 I ',' ',' l".","~ 11 K 1 "I~ ) 2001 - Present 1999-2000 \ r II , i r [[, I 0 !. U U ~l I I . 'I":' / .) I. I 1 ,'1.:\ / I~U. (0.:\ (01.1 1.11 L U!j::l~' :,1 George Stephen (Steve) Thacker U03-C Lawson Blvd. De/ray Beach. FL 33445 561-350-6282 Career Objective Positio" ill Entl!lprise R(!sourcR. PIQJIllirtg & Management with a progressive or'ganization offering advaw:.emenl opportunities based on achievement and results. Summary of Qualifications . Twenty years of e:c.per;.(mce in all aspect... of commulJ;cations and marketing for the telecommunications industlY. . High~v motivatell, I'~/Jbs-oriented professional with broad background in teryitolY development. account/project frlOlUlgement. with afocus on the Fortune 1000. . Demonstrated aTIIJlytic.a1 and organizational effectiveness. . E:-c:cellenl Interpersonal. communicatwn and managerial Sldll.f. . Proficient in ~l()ice/dorah.ideo communiC-O.lioro and network design. . Proven marketing expertise with stron~ apriJude for sale... management Work Experience lmat!istics Internalional~ Ine. (formerlv Pitnev Bowes Office Systems) National Account Manager Digital Messagmg/Document Processing & ERP Managed Services Solutions Provider: Cvore.fs Krrowledfe ware Solutio/'JS. Partner: OEMs include Mirwlla. KiJ!J.i!;JL Panasonic. Toshiba. Sharo. &: Heide.lberv amorrg others. Designed &: engineered enterprise- wide digital pri,lting &: publishing solutions. color printing and seol1ni1'lg. desktop publishi,lg. desktop faxing. and unJjled messaging sollllions (Lb:hltrilll! Fa.';). NatiOllal accoulIl sales management. while maintaining !lM e.:t.isting accaullt base. Summit Club 2003. Cla...sic Leadership Conference 2004. Ranked .r.I national(v. Norstan 'Com.mUDicadons~ Inc. Account Manager/CommunIcations ConsulJant ',' . Technology Solutions and Services Provider; Projed Managed converged Voice/DlltolVideo F.ntp.rpri~e Networks. Contact Centers and Worliforce Management Solutions via IP Telephorry. Frame Relay, Am and Unified Messaging technology. : . Fanners included Lucent. AYT. SoectraUuk Wireless. Cisco SviStenM~ d.sIJnm.. MCIWorldcom. Sprint gmf SnrintPCS. PlctureTel gm[ 1:1rl.. Siemens. Iwat:;u. Aspect. Cnmver.fe. People-Soft, Blue Pumkin, among many others. . Responsiblefor e:cisting cu...tomer base. while engaging new business. '11"1'1 11'ln'] I "I I'..,. t"",'.", P n I ','I' 1997-1999 1?9~ - 1997 " 1994 - 1995 '1989 - 1994 1988 - 1989 1987 - 1988 \1 1'1 J I L~' I '..f !"....-'..... It 4'" ,'/".'.- It. .,.."./1...... -.J.-......_..~.l .:......!"'Tv , Work Experience (Continued) UniDial Communicadons. Ine.. (now Lightyear Communications) Authorized Agent - GST Communications. President . Rt:-marketing AgelJtfor MCI-WorldCom. SIJrim. William:;. gIld TXS:. offering wide.range. low- cost Tele/dato communkaflons senrices co rommerdal CU:;lOmer,f. . Initiated Stralegk Partner a"d Distribution Channel relationships. + Manoged inaugural regional sales operations. . PRESIDENTS CLUB LeI InterolltionaL Inc. (now Qwest Communications) National Account Manager . Res:pol1.<:ihlefor generating new revenue while maintaining exisring 4 million dollor base. . Managed National Accoul1t Suppon Team. w1lich .'fiupported existing account.{. . Project managed the design, engineedng. and installation of voice. data. and video "etworJo;. . Managed rC,}poll3es 10 RFQs and RFPs, facilitalin.g Executive PresenJalwns to Senior Executiv~' of Fortune 500 companies. . PRESIDENTS CIRCLE Award - 1996, Thomas & 8ettsINevada Western, Berk-Tek Manufacturers Representative, Oalc Hill Marketing . Responsible for mar/ceting P,'emise Wiring Systems and Communications Cable to e;>.:isting Distributors while generating rlew. reverlue with Contractors and End-users. Data Processin2' S~iences. Corp. Regional Repre:;entatlve . As Daw-communkatiol1S C..olr.fultant. responsible for design,. procuremenI. and implementation of Integrated Wide Area Network and Local .-{rea Network solutil)l'tf and products. . J.fanaged national territory of associate brokers. dislribulOT'6 arr.d customer bo.3e whire generating new business. . RepresentM over 50 dlJTerent manufacturers of ~twork sys.tems. data commwuc.atioflS hardware and related software. Republic Roller Corp. (formerly Dayco Rubber) Account Representative . Markeled custom robber roller recovering sen,ices to the p,.intilrg. paper ,;till. metal mUlling. laminating an.d related indristrie..f. ',' Interactive CommllnicatJon Systems. Inc. Account Representative . Re-marketed data communications hardware and software (terminal emula/iolt mulfde transfer) for IBM. DEe find UnisyslBurTough.f Mainframes and most UNTX Sy.m~m3. Partners included /!X:.... Attachmate, Emerald... Rumba. and BLAST. FROM IMAGISTICS P,0tA RAToN 1985 - 1987 1983 -1985 1975 - 1981 \ ) (FR I) FEB 18 200r, 11: 46j:n. 11: 4::i/NO. 6:360012049 F' r, Work Experience (Continued) Automatic D~ta Processln2.. Inc. District Manllger . Responsible for MarlcerLng dara priXessing services and sofl'Hmre. . Supervised Account Executives. ami Client Service Representatives Pitney Bowes. Dictaphone Corp. Senior Account Executive . Responsiblefor Major AccOUnl Markering for dictation and digilal voice communication sySlems. CHAIRMANS CLUB. Education University of CincinDllti BtJchelor of F;ne Am' Degree, Broadcast CO"lInu.lIk"tiolls . Alpha EI,silon Rho Frati!17lity Professional memberships . Tri-Srate Technology AS,mciatiQn, Vendor Commiuee . Advercising Quh of Cincinnati + Rotary International CorllIDunity activities . ' Boy Scouts of AmerUxl. Dlstrid Commiccee. A.(sl. Scoutma....ter . Knighu of Columbus. Fourth Degree ~t . Catholic Order of F orester_~ . CincinnaIiArcs F~.stival, Inc., Sing Cincinnotil- Sreering Comminee + SPEBSQSA - Southern Gateway Chon/so Director of Marketing. Assc. MusicDirector ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #~"F - REGULAR MEETING OF JUNE 6. 2006 APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITTEE DATE: JUNE 2, 2006 The term for Mr. Robert Conway expired on May 31, 2006. Mr. Conway has served an unexpired term, is eligible and would like to be considered for reappointment. The Boca Raton Aviation Advisory Committee was created and Bylaws were adopted on June 3, 2002. The Committee shall consist of one member to represent the City of Delray Beach. This member must reside within the boundary of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appointment to the Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Committee. The following individual has submitted an application and would like to be considered for appointment: Robert Conway A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and he is registered. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for a regular member to serve an unexpired term ending May 31, 2008. Recommend appointment of one (1) regular member to the Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31, 2008. 03/05 BOCA RATON AVIATION ADVISORY COMMITTEE TERM EXPIRES NAME & ADDRESS TELEPHONE 05/31/2006 Robert Conway Home: 865-2420 Unexp 03/15/05 4065 NW 1 sl Street Work 954-772-8500 Delray Beach, FL 33445 Fax: 381-4704 Liaison Venice Cobb Work: 243-7056 100 Northwest 1s1 Avenue Fax: 243-3774 Delray Beach, FL 33444 IN ASSOCIA nON WITH THE BOCA RATON AIRPORT AUTHORITY S/City Clerk/Board 03/Boca Raton Aviation Advisory Committee 12/23/03 Per letter from Airport Manager, Ken Day, the Boca Raton Airport Authority has authorized and approved the dissolution of the Noise Compatibility Committee, and amended the Airport Authority Committee; whereby four additional members will be appointed by the Authority, of which will reside in the four Quadrants. (Northeast, Northwest, Southeast and Southwest) ROI'I vJ.I~~'1~- FH:~: ltO. 561 3E:1 -f7G-l l'Ia r. 01 ~;;;lE/1I!fe" ~< !VEI 'I 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION ~1AR 0 2 2005 rtv CLER~, infoanation: 1. 2. 3. 4, City F-J. 7. 8. :Ust ~n City Boards on which you .arc o..ureatly /l.erviug or ~v<;; previously saved: (Pleas<:iodudc dare;;) /I / tTY1 r' 9, ,'/ &e.fVC on this bOll.l:d: (plca3c atDlch 9. brief rC5wne) c, ~d 1 agree. and und=Un4 ~ any misstatemCflt of materi.a1 factS l' OIU8e forfeiture upon my rr.ut of &llY l!.ppoint:1:nA!:nt: I may ~~ , {"- /-0 -r;:- DATE Note; Ibh "'pplicaci.oa \V11l reouin on file in the City Cle&:' s Office fo!: a period of 2 yeus from the date it was submitted. r t will be: me applicant' ~ re.<<poosibility to ensur:e ~t a cw:rent ~pplic:..tion i:s OD file. SlCnYC1.2~lIot.lUMl'rl.Jl:/l, Tlote MEMORANDUM FROM: ~ AND CITY COMMISSIONERS r~ MANAGER AGENDA ITEM # '\ G - REGULAR MEETING OF JUNE 6. 2006 APPOINTMENT TO THE POLICE ADVISORY BOARD TO: SUBJECT: DATE: JUNE 2, 2006 Mr. Andrew Luchey has submitted his resignation from the Police Advisory Board effective May S, 2006. This creates a vacancy for a regular member to serve an unexpired term ending December 13, 200S. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for one (1) regular member to serve an unexpired term ending December 13, 200S. Recommend appointment of one (1) regular member to the Police Advisory Board for an unexpired term ending December 13, 200S. t.~~~\- 'j\ City of Delray Beach Police Advisory Board - Applicants 1. AI-Khafaii, Sinam Minority ResidentlBusiness Owner 2. Amelung, Richard ResidentlBusiness Owner 3. Brodka, Stanley Resident 4. Carter, James Resident 5. Chadam, John Resident 6. Claxton, Wyana Resident 7. DeLyon, Richard Mexican-American Non-Resident 8. Dollard, Jason Resident 9. Dolan, Donald Resident 10. Earley, Walter Haitian Resident 11. F edergreen, Bernard Resident 12. Forrest, Carl Resident 13. Franciosa, Gerald Resident 14. Guerrier, Mercatur Resident 15. Gold, David Resident 16. Hallahan, John Resident 17. Herrera, Jose Hispanic Resident 18. Ingram, Joseph Minority Resident 19. Karim, Mohammad Minority Business 20. Kay, Milton Resident 21. King, Jane Resident 22. Major-Hanna, Ellen Minority Resident 23. Make, Isabel Resident 24. Menard, Samuel Resident 25. Monahan, Matthew Resident 26. Paris, Calvin Minority Resident 27. Pompilus, Anax Business Owner 28. Prior, Linda Resident 29. Rosen, Ned Resident 30. Sachs, Maria Non-resident 31. Shackman, Kathy Resident 32. Shell, Robert Resident 33. Swinbum, Carol Resident 34. Weiss, Abbey Resident 35. Winney, Brad Resident 05/08/~005 03:59 5515333858 I:::ORPORATE OFFII:::E PAGE O~/o~ A'i~ t9A'~~i SJ' 5'" '0';0""" C' 1;;;jI~,~: a", it} e:' 51" r::~!!\ ,j~' ",I" ',.. "\, .,~ ,~: 'I' ,I,. 4,..l"'1I' 'l :',> """'I', ';J:i x4.' ;. .\\ ,'''. ,,', .... ',. .:' :'~.:.: '..',... ." Qu.ality in Ellery thing We Do 4915 S. Congress Ave. lake Worth, Fl 33461 PH: 561.533.5303 Fax: 561.533.3858 May 8~ 2006 City of Delray Beach Pol.ice Advisory Board 100 N.W 1st Ave DelTay Beach fL 33444 Re: Resignation To Whom, It May Concem: It is with regret that I resign effective immediately froln the Police Advisory Board for the City ofDelray Beach. I do, however. lament over m.y resignation due to the sudden illness of my m.other and mother-in-law. Due to this occurrence, I believe 111)' contributions will be limited and unfair to the Police Advisory Board, Please accept my apology for this sudden turn of events, Kind Reg;"""_ ~ Odr ( €.. \ '.l €.. 0 ~ €. G t\\\\~ ",,~'i \\ ~ . \1 ~~" C\\'< C~ POLICE ADVISORY BOARD 03/06 TERM EXPIRES NAME & ADDRESS TELEPHONE 12/13/07 L Tanya Allen Work: 688-4394 AppI12/13/05 1014 Mango Drive Fax: 688-3559 Dekay Beach, FL 33444 Cell: 699-1957 12/13/08 Annette Annechild Home: 330-2903 Appt 12/13/05 300 N. Swinton avenue Work: 330-2903 Dekay Beach, FL 33444 Cell: 202-285-2035 Fax: 330-2925 12/13/08 Sharon Austin Home: 276-5965 AppI12/13/05 220 NW 7th Street Work: 276-5302 Dekay Beach, FL 33444 Cell: 279-6661 Fax: 276-6474 12/13/08 Joshua Bressler Home: 498-9733 Appll2/13/05 2235 Rabbit Hollowe Circle Work: 912-7030 Dekay Beach, FL 33445 Cell: 917-969-4343 Fax: 912-1747 12/13/07 Joseph Ferrer Home: 276-8085 AppI12/13/0S 1420 N. Swinton Avenue Work: 278-7677 Dekay Beach, FL 33444 Cell: 315-2800 Fax: 276-8740 12/13/08 John Jackson Home: 272-9629 Appll2/13/05 309 NW 7th Avenue Cell: 706-3428 Dekav Beach, FL 33444 12/13/08 Unexp Appt Vacant 12/13/07 Jose Ramirez Home: 276-3396 Appt 12/13/05 1107 SW 9th Avenue Cell: 251-9919 Dekav Beach, FL 33444 Fax: 278-3706 12/13/07 Charles Ridley Home: 276-4223 Appt 12/13/05 137 SW 12th Avenue Work: 305-237-1634 Dekay Beach, FL 33444 Cell: 577-5416 Fax: 305-237-1301 chuckhuuholidavor~.com 12/13/08 Jimmy Weatherspoon Home: 278-8779 Appt 12/13/05 130 NW 8th Avenue Work: 265-3318 Dekay Beach, FL 33444 Fax: 441-4563 12/13/07 Shelly Weil Home: 496-0549 ApptOl/17/06 925 Greensward Lane Cell: 573-9355 Dekay Beach, FL 33445 12/13/07 Karen St. Fort Home: 638-4500 Appt 834 NW 39th Avenue Work: 243-1500 Vacant (Student) 2 YEAR TERM Dekay Beach, FL 33445 Cell: 441-2520 12/13/08 Altanese Jean-Louis Home: 929-4851 Appt 610 SE 3rd Avenue Work: 243-1500 Vacant (Student) 3 YEAR TERM Dekav Beach, FL 33483 DRRAY 8EACH ~ rqrr 1993 2001 ;oIt<l(O>] REGEJ\fED CITY OF DELRAY BEACH ,410\15 BOARD MEMBER APPLICATIOtiC1 cR\<.. C\T'< CL~ Please infonnation: 1. Last Name: Al. - K HAF AJ 1 2. Home Address: '\'41 W. c..~SS'CAl- Bw 3. Legal Residence: 1tp40\ W. CU$$Jt:..j)..l.-~t>. 4. Principal Business Address: JCO<lI S. 11;v~L- -H~Y I g,'l17 (00 Name Sf N AJ\A M. I. I)... City j)~ ~4i State Zip Code 'A- 33++5 City State Zip Code 1:>~~ B~4t FL. 33+f.l3 City State Zip Code "j)~'( ~ f=L-. :3 3ti '3 Business Phone: f)(A . i-?-"... E-Mail Add1:ess: S L~ Q"PJ..'1(} Cell Phone: ~J# ~ Vf"f.02-1'6 Fax: --.... 6. Are yo a regis ered voter? Ye? If so, where are you registeted?~'( ~/J FL 7. What Board(s) are you interested in serving? Please list in order of preference: 1'04~ f:J)V~Y '1?P0A7' :prCHOf4 , N&laft6fkJ;loo~ ~IS02r lDVNUL S'-ListallCityBoards on which you arecurrendy serving or have previously serVed: (please include dates) ", , , e:~fJ '(Of ~'( Bzns..c;l1 +ld\4.(? oWWA'2.5 f:.5Sc1t.tRl6IV, q OS" 9, Educational qualifications: 13.A.,. IJ?n-re- tCJ11.- l--1 .~ . ~ Ht66tJ tJNiV. lq44 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: '0 ~~\'1~, V H~~T 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) ~fZ-~....... L-\V}::" I'" b~~ ~UI~ e>~ ~0l'L- (N)) ~}~ 0( 7UfJNJN~ Ei'R'f?rZ.I~ C0., .1 hereby certify that.alhhe a ove.statemehtsare true, and Iagree and understand that any misstatement ofmaterialfacts ' contained in this appli ari cause forfeiture upon my part of any appointment 1 may receive. "t-.J \ ~ I' --"""."0' p " d., "~,,,._,-,.....__.... p, ,u'};-"Z:;d"~D _. -. "'.' DATE.'." , ',' , Note:., nus application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a,current application is on ftle. .",j /Yl 7A7 ~~oc.n~ ~/rJ ~~ I Sinam AI-Khafaji, Marketing Cartographer & Market Planner Founding Member Sinam@DavJet.com Cell 561.665.0278 DayJet Corporation 1801 S Federal Hwy, Suite 100 Oelray Beach, FL 33484 WORK EXPERIENCE DayJet Corporation - Delray Beach FL Cartographer & Market Planner: December 2002 - present Empower Geographics, Inc. - Des Plaines, IL GIS Sales Engineer: 2/2001 - 11/2002 GIS Project Analyst: 8/99 - 2/2001 Ryerson Tull - Westmont, IL GIS Consultant: 6/1999-7/1999 ICF Information Technology, Inc. - Fairfax, VA GIS Associate: 1/1999 - 6/1999 Economic Research Service, USDA - Washington, D.C. GIS Analyst: 12/1997 - 12/1998 Reuters America - Reston, VA Source Analyst: 12/1995 - 11/1997 Advance Sales: 411995 - 12/1995 EDUCATION George Mason University M.S. - Masters of Science in Geographic and . Cartographic Science (12/1996 ~12 11998} The Pennsylvania State University B.A. - Bachelor of Arts in Broadcast Cable Television with minor studies in Art, Business and Middle Eastern Studies. (6/1987 - 511992) ASSOCIATIONS The Colony of Delray Beach HOA, Board member - 9/2004 to present Pi Kappa Phi National Fraternity Alumni, Penn State Alpha Mu Chapter PORTFOLIO A sample collection of GIS analysis and cartographic work to date are available for review at www.GeoSteppes.com. vi::litAv BEACH ....... ***** AHmericaCity 'HI I! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATIO~ECEIVED SEP ') Z 2005 l/~:I ()( Please tint the follo' information: 1. Last Name: AMELUNG 2. Home Address: 5053 B~ech~ood Road 3. Legal Residence: 5053 Beechwood Road 4. Princil?a!.Business Address: 1180 SW 10th Street Name ' RICHARD Delray Beach L State Zip Code FL 33484 State Zip Code FL 33484 State Zip Code FL 33444 City Delray Beach City City Delray Beach , 5. Home Phone: ' 498-5836' Business Phone: 278-2331 E-Mail Address: None Cell Phone: 573-2145 Fax: 278-304.2 6. Are you a registered voter? Yes If so, where are you registered? Palm Beach 7. What Board(s) are you interested in serving? Please list in order of preference:. . , , ' ,Po1lce Advlsory 8. Listall City Bo:u:ds on which you are currendy serving or have previously served: (please include dates) Disaster Evaluation/Todd Jackson/PBC Civil Defense1981~1982 .) 9. Educationalquali6cations: Ft.Lauderdale HS 62, Otterbein College BA Economics 66 US Air Force pilot Trainin~, 7 PBJC Police Academ 78 PBCCCD 81 10. List any related professional certifications and licenses which you hold: Auxi liary' Pol ice Off icer, Palm Beach County Civil Defense, Commercial Pilot, Concealed Firearm 11. Give yo~ present, or most recent employer, and position: Automated Finished Products, Inc./Owner , . 12 Describe experiences, skills or knowledge which qualify you to serve on this hoard: (please attach a brief resume) See Attachments: I hereby certify that all the above statements 2re true, and I agree and understand that any misstatement of material facts . cd in this appli 'on yause forfeiture upon my part of any appointment I may receive. . ' September 21j 2005 DATE , :Note: This application will remain on file in the City Clerk's Office fora 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. . SICIlYa.I!ltlrulOA1JJ:NJ'rUCATION I.... ,I Palm Beach Junior College Lal~e W orlh, Florida . ~-! AWARDS THIS CERTIFICATE TO " RICHARD LAIRD AMELUNG . FOR SATISFACTORILY COMPLETING A COURSE IN BASIC STANDARD POLICE AUXILIARY 86, Hours February 7 - Apri 120, 1978 ~r~~'~ j~~ - IJ:::TRUCTOR Chairman, Law Enlrorcement Department ~tVZdd (! >>t~ !P PRESIDENT ') ). - - - -'-,. -. . -_....'PlI!....,:YR.E".. PEOQY" EVA'1T Q I.,t rl,ct N, 0.", .",','.',." ...,'.~.',...,r,k..,.,...... _>~rk ".~ $,,1 Di.trlet No. 2, We~"'. ril: 'p-eNN!' p~ If' '. DI.trlct No.~,Sp"'th-p;U". M,ch oPROTIlJY. y(~a;,I(~~.~ Dlitrlct,.No..4, CJ,e,lravlll.lI,!Ph 811.,'" B4,I...liY Dlltrlct No. 6,.S,tJl.'GI~t COUNTY ADMINISTRATOR John C. 8.Ii~ry B. T. KENNEDY, JR. Director Palm Bqch ~lJntv' ClriJ D.fltll. Emqe.ncv Optratfl1l1 CltIlter 3723 Belvedere Road West Palm Beach, Florida 33406 PHONE: 6S3-o~80 Civil Defense IRacesl Radio Station WC4AAC NOAA Weather Radio Station KEC-50 (Alt.) PALM BEACH COUNTY CIVIL DEFeNSE 6 April 1983 Subjfiloti. Letter of Commend~tion and Appreciation .T~ll:" ' . ,I ii,'. '..' I' To: .~., t. ,.~,.- . -.....; Commander 90()6th Air R~serve Squadron (ARPC) 730,OE. 1st Avenue ' Denver, COlorado ,80280 CaptainRichardJ:,. Amelung 1125 Vista Del Mar ' DelraY.Beach, FlOrida 33444 , ";':~f;.':'~", ,;cal?:ta:in:~~iobard L. ~elungwas assigned to duty with " :pal.1tt'!9.El~~hcounty Civil Defense for his A,ctiveOuty Traiiling.,duringtheperiod,21 March -.1.. April 1983. He 'wCis " assigned aproj ect of developing an Emergency Mana9~nt Resources Ddcument, a file of information which,: ift.:irtuch needed by this agency. Palm Beach County Civil Defense is charged with the rellpons:l.b,ility of providing a system for the mitigation, pr$paredness, response and recovery of our citizens fr()mt.he 'adverse e.ffects .of a disaster. A major defi- ,.ciello.Z~o,:fL our agency has been the lack of a comprehen- ' 'siy.:~;r,esouroe manual, capable of identifying the equip- nient":a.hd material and its source, nec~ssary to support the implementation of our contingency plans. ~) (more) ') ) .. -) April 6, 1983 .Page 2 Captain Amelung has demonstrated an in-depth knowledge of emergency management and public sat'ety functions. Using his own initiative and innovations during his tour with us, he developed the base upon which resource manual can be effectively constructed and which will have lasting value. Because of Captain Amelung's personal character and intellect, he was well received by and ob- tained favorable response from, the many agencies ' with whom he had dealings. Because of his mili- tary deportment, he reflected a very favorable imag~ of the United States Air Force upon Our civilian community. It is respectfully requested that this letter of . commendation be entered into and become a per- manent part of Captain Amelung's military personnel file~ . Since,rely, .. rl .". ~ BTK:fd 1 County Civil Defense STATE OF FLORIDA DEPARfMENT OF VETERAN AND COMMUNITY AFFAIRS DIVISION OF PUBLIC SAFETY PLANNING AND ASSISTANCE ") OOB GR,AHAM Governor JOAN M. HEGGEN SecR:tary , BOB WILKERSON Direclor May 13, 1982 Captain Richard L. Amelung, USAFR 1125 Vista Del Mar N oelray Beach, .Florida 33444 pear Captain Amelung: Congratulations for being selected Florida's nominee as the Outstanding Air Force Officer Mobilization Designee for the Year (1981). This nomination attests to the many contributions you have made to the Air Force Reserve and to the I}ffi Program. Although you were not selected to be the Regional nominee, you can be pro~d Of having been considered for this honor. Your accomplishments as an Air Force Reservist working with the Disaster Preparedness Agency in Palm Beach County are noteworthy. ) The Region Selection Committee was very much impressed with your overall record of achievements. Selection was extremely close due to the high caliber of nominees considered. There- fore, nonselection for this coveted position should in no way be construed as a shortcoming and certainly does not detract from your superb performance. Again; congratulations and my grateful appreciation for a job well done. Sincerely, ~'1f~ Gordon L. Guthrie Chief GLG/NHS/em cc: Palm Beach County CDD .J BUREAU OF DISASTER PREPAREDNESS 1720 SOUTH GADSDEN STREET. TALLAHASSEE, FLORIDA 32301 (904) 488-1900 ,C . Boca Raton Police Department CONFXOENTtAL FRANK P. CAREY, JR. CHIEF OF POLICE March 29, 1983 COMMENDATION Auxiliary Police Officer Richard Amelung, during the past several years, has consistently performed his functions in an outstanding manner. , " During the past s~veral years I have had the occasion to supervise : AIDelung in ,all aspects of his assignments. He has donated literally thousands of " hours;ofc:serviceto the City of Boca Raton Police Department. His dedication to :' theconmunity and to 1 aw enforcement is unpara 11 ell ed. Duri ng the begi nni ng of the Auxiliary Police Officer Program, Amelung was selected as supervisor due to his obvious talents and maturity. He continually offered meaningful input and excellent supe~Vis~on'~Vf,nJWhen difficult d~cisions were necessary regarding selection or terml natl 0111, f{' trier voluntary offl cers. , , ,', Du 'ng 1~.81 and 1982, Amelung praticipated in seVeral meaningful cases wh~r~;n th~' "nv Sitii~a,ti.,..ons,. :esulted in. the a:re~t and s~ccessful 'pr()secution of 'crlmlns ! f,l f! In;organlzed OperatlOns wlthln the Clty of Boca Raton. Most recent . _e :un!J, UJ,ar, :ti....,CiPated in an under-cover operation invol,ving 0, rganized gamblin.gar ~~}Y as'a result of his efforts, the investigation culminated in :~~~i~r~~~~f se\er,a? individuals and the seizure of thousands of dollars and " . "!J . ,,,.Of particul ar importance to any success ful 1 aw enforcement opera ti on is 'se<:recy,and,confidentiality. Amelung has demonstrated repeatedly that he can be trtisted,literal1y, with any and all information regarding investigations that heparti~ip~tes.in. It should be noted, again, that Richard Amelung has participated and wo.rkedwith.Boca Raton Police Officers as a volunteer. He has dedicated himself ,.to law enforcement and community service. I have personally called upon the '.servic~s~()f~{\melungon hundreds of occassions. He has always responded and has a 1 ways been where ever the need calls for. For these reasons, and for more too numerous to list, Auxiliary Police 'Officer Richard Amelung is to be cOllll1ended for his service to law enforcement in general, 'and'-specifically for his dedication and service to the citizens and police officers in Boca Raton. ~c..d~/ /f -Y~ SERGEANT MICHAEL R. SYKES, SUPERVISOR BUREAU OF INVESTIGATIVE OPERATIONS 100'N rth t S CRIM,T NAL INTELLIGENCE UNIT owes econa .b\venue Boca Raton. Florida 33432 305 - 395-1161 ~'ji'. ,) / . CONFIDENTTAL To Whom It May Concern, , The attached letter of commendation includes information that sh6uld not be published. Specifically, the reference to Amelung1s involvement in a recent gambling investigation should not be made public. That particular investigation is a pending court investigation that has not yet reached the trial level. The commendation, for the same reason as above, could contain many more references to investigations but does not because of the need for confidentiality. , Richard Amelung, speaking personally, is a credit to law enforcement, 'the community and to the United States Air Force. S:JrJ.. .a4c.d~u.fJ A-5/"~e~ Sgt. Michael R. Sykes Boca Raton Police Department ***** 1/;uf; OELRAY BEACH f .fa 0 C . 0 A All-AnlericaCity , III I! 1993 2001 CITY OF DELRAY BEACH" , EIVED BOARD MEMBER APPLICAflij~ SEPt 0 2005 CITY CLERK 2. 1. 3. Legal Residence: - f\ VV\ 4. Principal Business Address: rJl~ 5. Home Phone: City M.L S~ Zi 2>~ State Zip Code State Zip Code -~5{)? Business Phone: tJ}A E-M:ail Address: Cell Phone: Fax: 7. What 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) ) ," 9. L.olM-- c..E R.bLA -JJ" wAJ A P (llAOES -n:Jt ~6 ,,)Note: 'Ibis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was , submitted. It will be the applicant's responsibility to ensure that a current application is on file. /-111 1.7(17 'S'CITYCIERKIBOARDIAPPLICATION 9/\1/05 (.\1\'\. ('L()YM~Nl G OALf , DETE(t\Ml/V )~6-- efLOY1cill0tJA L DPPoJL;t\.\Nlf(Ef J JLiPfflvlJ;N& /oJ EErELi-,vE (\ItULTI Rl\uA\. ~,QLEj (0/LG( AN-!) MIII(lI"u- T04Cfl Of(.Jl)UNS LV t\ (fJ TfA..'\,I\'tI rJPI) ~ 6-- TK oj f Wtl () Co L1l9 fJ oT lM- ~A ! t.VL G (A P Ib Thf; f,-A.AJ{)..1Il.9 J 'R..EqvulLfJ ~y I~E O/Ll/l#f1/.11"lv.AJ. 11-\ MIA G t~ 0 1.\ \'."'1 (NUl'lL I. /-IA V E H II 9 1l-l.r; 0 P/,O Ill'" N '9" 1'1 /I.~" 9 1At.4 '1 f-AG14 1 .r fNJ rn u 1tIJ T /(JJ IN) tJ (y S 01/ oN] f\N9 ~I N (J.fl.X7 RH/lU m N (;. ~ENlI dAtu. I IS E.L lEu E 'I. z,1A \)te D ~ u ( Lu f 109 III.) l-I.O<J 6f1. 11 AN91fJ &- A AI!) SC NS ITI v fry ro 1\\L l't'1I.\.T\("c..tR9 ~(,(,('tr1wJ of KAttJll EQ\AIlL]~ AN') ttlE: IN liEfLENT C~V1ltAN6Ej AN!) 'R~LJl,^,C',J6- AcT AIJ ) O'l.~I\J.J\1:ftl1 oN ltKb ~f POLl Lt D6fJVtfWl{NT (ALEJ O/J ADA' '-/ Mil.!. 8f~~ ) " OBRAY B'EACH . ... .. c '. . A. , 1993 2001 lI?/d7 CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATIO~EP t 1- 2005 . ClTY CLE.RK ***** m~ infon:na.tton: J]/vJ Nam:;Iitm E-S citrpEL/lP BEltch City C" L1 ~ ./ /l'/V'J. L MI. /' Legal Residence: 5!l-ntE State ?L State ~ Code .?fC/h Zip Code .4. Principal Business Address: .----- City r--- State' Zil;> Code 5. Home Phone: ' t?lA-I3"~O ' Business Phone: E-Mail Address: Cell Phone: Fax: '17y.-i(Y.rz. fl:c1, 6. Ate you a. registered voter? . Please list in order of preference: ~ 7. 8. <Flett.. '3 b f(s , I hereby certify dta.t all dte a.bove statements ate ttue, and I a.gcee 2.l1d understand that any misstatement of material facts contained ill this applica . y cause forfeiture upon my part of any appointment I may receive. .' '" cr/IZ/ of SIGNA: . DATE / / I , do~ This application will retruUn on file in the'City Clerk's Office for a period of2 yea1:S from the <hte it was submitted. It will be the applican~ s responsibility to eusure that a aurent application is on file.. S\Q"I'YO.I!RK\A1UJ\APl'UCATION * * * * * IIJI ~(/J? REGE\VED CITY OF DELRAY BEACH OC1 - 6 200S BOARD MEMBER APPLICATIONY CLERK DRKAY BEACH tlOl4DA All ,..kaCily , I III! 1993 2001 Please e or rint the follo' information: 1. Last Name: CHAbftM 2. Home Address:2rto WiNb (r 3. Legal Residence: <;.AM~ 4. Principal Business Address: City State Zip Code 1030 S.~~At.- ~a wirY -~.)lS J>Gtm~ .f:t B3~3 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: Gb1. 4~"t. 14~3 ~6f. gho .1~'2 "ltc,k.ck(lda.w.~ 'L.~ 6. Are you a registered voter? Yec;. If so, where e you registered? l>~-g~ 7. What Board(s) are you interested in serving? Please list inoroer of preference: Name Jo N - Mi CfMeL- City ~~'t' "Ba1C If City IU~f) State FL State M. I. M. ~? Zip Code .fbUCEAbviSOf\{ l;oA-t.b 8. List all City BOards on which you are currently serving or have previously served: (Please include dates) " 1 tJO~E -,~~W R.e;i~eldT ~/()':) 'Re;r~T'5 A-u(-~~'(') 9. Educational qualifications: WftEw~ t>Ji\l. 0 iClfG"o - Iq~q ~A CJA ,~- UCLA - U03 10. List any related professional certifications and licenses which you hold: . ,: CA- hJ<;t4..ttJu; W~c;e C~T\F- l>it€tTVR- UCllr'f P~mo~s ~fJi~ ~L. Y:; ,~' tie. 11. Give your present, or mosttecent employer, and position: SPo~50 it> l:Xecu-nve: - nf6 ATfffETe'$ A-6 /NTt;i(WkT/ON,ff,. 5f>Ornc; MkTG ') 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) JZfteoT: Ic~~ llJ fOyr~ fOSlrive ONSll.M iv ~<<oNS ill V€UJW 6e!Cij WiTft POU~ dT; S fA<iT= M~eJt. faD us frtJ 6ELtS MEA ~'8y ~oLt15 . EJt Ci TRtOf>$). I hereby certify that all the above statements are trUe, and I agl-ee and underscirid that any miSstatement of material facts . COD . edm1!a~~Y <awe fo~ upon my part nf anY _mj;t"lk7 SIG RE 'DAlE ,', , Note: This application will remain on file in the City Oerk's Office for a periOd of 2 years from the date it was submitted. It will be the applicant's respo~ibility to ensure that a current application is on file. rf-tYl sf/7. ~ DB.RAY "EACH ~ ;Iffr 1993 2001 I~~~ CITY OF DELRAY BEAQlECE\VED BOARD MEMBER APPLICA~N 6 Z005 CITY CLERK (--") information: 1. Name M.L 6CA {<TON 2. Home AddressdS 25 l ~ ( \J J 3. Legal Residence: #- 13 3 'City City 4. Principal Business Address: Oty State Zip Code -S ........l..-,1.. ~~ 7. What E-Mail Address: 5. Home Phone: Business Phone: J 72-' '3 'Oft' 6. Are you a registered voter? ('-' "h) 9. EducationalquaIifications: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I hereby' certify that all the above statements are true, and I agree and understand that any misstatement of material facts , ntained in this application use forfeit:ure upon my part of any appointment I may receive. , !t)-<{.-OS DAlE Note: This 'application will remain on file in the Oty Oerk's Office fora period of 2 years from the date it was \",.., submitted. It will be the appU<;a.nt's responsibility to ensure that a current application is on file. . SICtlYCI.IlIOOIlOARDIATI:IN ~ rf} 5/t7 Wyana Claxton, LMFf Profile Experience 2003 - Present 2004 - Present Education 1986 Honors & Activities References Personal Information , i Twenty years of extensive professio11lll experience as a psychotherapist, counseling individuals, couples, and groups from diversified demographics and environments. Notable speaker and lecturer on ji1dlitating positive changes in abusive behavior. Respected as an outstanding case manager with an established reputation in the specialized area of violence against women and children. Florida license # MT 1688 PSYCHOTHERAPY Psychotherapist. Multilingual Psychotherapy Center, Ine. Provide therapeutic interventions in office or on-site to children, families or adults of the assigned case1oad. Psychotherapist. Sl Mary's Child Development Center, Ine. Provide services to referred children, adults and families in office or on-site. M.A. - Counseling Psychology. Pepperdine University - Irvine, CA GP A: 4.0. .:. Served as expert witness on battered women's syndrome for O.c. District Attorney. .:. Regarded as superior teacher on substance abuse, child abuse and domestic violence issUes. .:. Serve as Parenting Coordinator for Palm Beach County 15lh Judicial Circuit .:. Operated successful Claxton Counseling Center offices in Santa Ana and Mission Viejo, CA, supervising a staff of nine and teaching eight weekly men and women's Batterers' Intervention classes.h.:. Experienced Red Cross disaster mental health worker. Alida B. Pajares Vice Presidentof Operations, Multilingual Psychotherapy Center, Ine. Rochelle Reynhout Coordinator, Sl Mary's Child Development Center, Inc. home address: 2525 Florida Blvd, #133, Delray Beach, FL 33483 land line: 561.2723088 mobile: 561.302.1820 fax: 561.272.4016 e-mail: claxto_W@belJsouth.net ORRAY B'EACH .,....... ***** 'ffi~ , 1993 2001 CITY OF DELRAY BEACH ~J; BOARD MEMBER APPLICATldPFCElVED SEP 'j (\ 2005 C\TY CLERK Pl6.se riilt the Collo 1. LastName: DeLyon 2. Home Address: 767~-A Lexington 3. Legal Residence: Same .4. Principal, Business Address: N/A infortrultion: Name ML Richard L_ City' Scite Zip Code Club Boulevard Oelray Beach FL 33446 City Sute Zip Code City State Zip Code 5. Home Phone: ' (561) 638-1452 6. A1:..~ you a registered voter? Business Phone: E-Mail Address: Cell Phone: Fax: Ava 11 . ROeLyon@aol.com, (561) 251-7937 If so. wqere are you registered? Yes ,P/lIiU"1 - K 7. What Board(s) are you interested in serving? Please list in order of preference: POLICE ADVISORY BOARD . 8. Llst211 City Boards on which you are cw:rendy serving or lu,ve previously served: (please include dates) 9. EdUC2.tio~ qualifications: See,Att.ached 10. List any 'related professional certifications and licenses which you hold: See Attached, 11. Give yow; present, or most recent eni.ploye.r, and p~sition: , See Attached . '12 bescribe experiences. skills or knowledge -which qualify you to serVe on this board: (please attach a brief resume) See Attached' I hereby certify that all the above statements are ttue, and I agree and understand that any misstatement of material facts contain ill this appli. tion 1i1a use forfeiture upon my part of any appointment I may receive. t '9~/s~ qr . DATE Note: This application will remain on file in the'City Cler:k:'s Office for a period of2 years from the date it was SUbmitt~ed.lt will.be the applicant's responsibility to ensure' that acuttent application is on file. ' I S'alYC[.I!lt.CIIO~ruCAnoN t/-1Y)?11 ."., RICHARD E. DEL YON 5 Diana Drive Pawtucket, RI 02861 401.724.3334 EXECUTIVE MISSION A consulting position which capitalizes on a proven track record and valuable professional expertise in municipality leadership and legislative influence complimented by a 30+ year criminal justice and law enforcement background. DISTINCTIVE QUALIFIERS Legisl/ldon! lAbor Issues . Skilled as an expert witness in law enforcement, risk management, and labor areas. . Deep knowledge of legal process including pre-trial discovery and evidentiary procedures. . Offer extensive investigative research and civil/corporate litigation support experience. . Vast experience in testifying before legislative committees about law enforcement issues. . Well-versed in preparing litigation exhibits and providing key input during arbitration . Championed development and funding of awarded-winning community policing programs. . In-depth experience in managing the grant development process for municipalities. . Adept in grant/program evaluation/review, auditing, fund management. and compliance. . Exemplify a creative, resourceful approach to building grass roots program suppon. . Influential in networking with state and national legislators in Washington, DC. . Proven ability to write and interpret legislative policies and regulatory matters. . Recognized as a successful advocate of legislative modifications to labor legislation. . Talemed in enforcing union conuacts and negotiating resolutions to grievances. . Vast knowledge of labor relations including associated state/federal requirements. LegaII Investigation Funding! Programming EXPERIENCE CITY OF PAwrDCKET - Pawtucket, RI (1965-1999) POllCE CHIEF, 1992-1999 Appointed by the Mayor to fulfill a non-union contract as the top executive, leading a staff of 320 municipal and civilian personnel in delivery of law enforcement services. Effectively controlled a $14M budget which included coordinating the acquisition of federally-sponsored operational and special program funding. Fully accountable for containing city's crime rate through successful programming and operations management. Acted as a key departmental liaison and spokesperson, interfacing regularly with the Mayor and other important public officials including the Public Safety Director. Contribution Highlights . Achieved documented success in reducing crime rate by 40% over six year tenure. . Significantly improved annual report format to include a detailed outline of expense allocations and the organization,,' ongoing financial performance. . Established Police Depa..1,mcnt as the most efficient throughout the Northeast region. . Directed grant development including identifying well-aligned grant oppor.tunities and managing applications process, ultimately securing $6M in federal grant.s. . Mobilized interagency planning, logistics management, creative financing, and tactical operations to capture funds from drug-related seizures and forfeitures. Program Development: Traffic Program (P .ARE.): . Designed, developed, and acquired self-liquidating funds to implement a new traffic program that netted up to $l.2M per year in additional capital; based on its success, state legislature attached fines to supplement funding of state programs. . Created infrastructure/fine schedules, enforced program, and oversaw court activity; managed record-keeping, collections, and dissemination of state fines. . Successfully achieved reduced accident rates &,d frequency of traffic fatalities. RICHARD E. DEL YON Page 2 EXPERIENCE CITY OF PAwruCKET - (Cont) Community Policing (Weed & Seed): · Noted as a forerunning advocate of a Community Policing program that supported the Crime Bill in the Northeast; initiated and launched start-up of 3 community-run facilities targeted disadvantaged youth, requiring grassroots funding and leadership. · Championed a new division of 14 Police Officers and multiple community volunteers. · Instrumental role in grant writing in concert with HUD agency; acquired funds that supplied 11 public housing communities with security and crime prevention education. · Instituted a campus-type law enforcement lay-out noted as first-of-kind in New England that required establishing 4 satellite police locations to enhance neighborhood watch. Program Development: Activist Contributions : · Initiated/enacted grievance arbitration and successfully won petition in superior court to alter labor laws that converted police chief role into a non-union contract. · Testified before the legislative body and rallied support from Police Association to achieve 9 of 11 recommended changes to Policeman's Bill of Rights in 1995. · Served as Secretary/I'reasurer of a 14-person Governor-appointed charter commission, Americorp; evaluated at-risk student programs and allocated $8M in funding. · Developed the first legislative-driven Juvenile Hearing Board in the State which reduced youth-at-risk and alternative sentencing to non-violent offenders. PATROL COMMANDER, 1989-1992 Directed the daily Patrol Division operations and staffing issues for a 116-person team of uniformed officers. Empowered as the Acting Chief in absence of the Police Chief. * Earned progressive accountability during a loyal and immensely successful tenure from 1965-1989 -- prior leadership positions listed below: CAPTAIN (Third Platoon). 1987-89; DETECTIVE LIEUTENANT, 1985-87; LIEUTENANT (Third Platoon), 1983-85; SERGEANT (Third Platoon), 1978-83; DETECTIVE (Night Detectives), 1975-78; PATROLMAN, 1965-75 EDUCATION SALVE REGINA COLLEGE - Newport:. RI B.S. DEGREE IN LAW ENFORCEMENT, 1975 · University of Rhode Island, Criminology Investigation (26 weeks); Command School . Americans for Effective Law Enforcement, Discipline & Labor Problems · Labor Relations Information Systems, Rights of Police Officers AREAS OF EXPERTISE · Community Policing · Sentencing Guidelines · Crime Control · Juvenile Crime/Gangs . Drug Prevention · Management · Police Stress · Patrol Functions · Asset Forfeiture · Domestic Violence · Policy & Planning · Investigations · Technology · Public Safety · Hate-Crime Response · Program Design · Public Housing · Negotiation · Collective Bargaining · Mediation HONORS · Invited to serve as a Consultant by the National Institute of Justice (NIJ) - 1997 · Testified before Commission on Civil Rights on Bigotry & Violence, Chaired by Senator Shoales (Senate Hearing Remarks published in Washington) U.S. NAVY - Honorable Discharge (1961-68) MILITARY AFFILIA nONS · National Criminal. Justice Association · University of RI Criminalist Association · Pawtucket Police Association · Fraternal Order of Police · International Association of Chiefs of Police · National Association of Chiefs of Police · Rhode Island Police Chiefs Association · Commissioned Police Officers Assn. of RI PROFESSIONAL REFERENCES A V AILABLE ON REQUEST w~1 ~~ ~UU~ .~.~U I n,,- .I. I "IVU...J II"' I I UI'U-' 4~0400~JO~~ .r.vc/~~ OELRAY BEACH ~ f(jir 1993 2001 . "-~ r::r- e:::- , \' r ' .......'...I'CN f ;;.) , EC 1 it 2005 CITY OF DELRAY BEACH '/TY eLF K BOARD MEMBER APPLlCATI(' N/-o/;( /07 1. Name ~tl. 2. Home Address: ::660'.'West learbrook Cr. 3. Le~ Residence: 660 We t Clearbrook Cr. 4. Priocipal BlIsiness Address: Donald City De Oty D Oty 5730 Corporate Way, Suite 110 West Palm Beach 5. Home Phone: Business Phone: E-Mail Address; Cell Phone: FL 33407 Fa.'"t": 561-265-3937 561-683-8833 6. fue you a registered voter? , pacif@bellsouth.ne~ 561- If so) where are you registered.? , 1580 561-6 3-9633 7. WMt Board(s) :ue you m1X:t"'CS,ed in seJVing? Please list in orde.t ofprefcraoce: 8. T..ist:ill City Boards on which you are currently serving Or h~ve.prev.ioll.sly served: (please includ.! dates) ) 9. EducatioDJU qUalificapons: 10. List any rela.ted professional oertifications and licenses which you hold: em er ternational Foundation of Em 10 ee ,Benefi~ Plans. Pas~ member of American Arbi ration Associ ~ion. 11. Give;your present, or most rece.o.t employer. and position: Plumbin & A C Contractors Industry Fund ecu IVE! Director 12. Describe ~eriencesJ skil1s or knO"\Uledgc which qualify you co serve on this board; (please ~ttq a b.cief resume) Twen~ ears a Trustee (Chairman) for Health & Welfax and PE! sion Fund in excess of 90 Million dollars. c~{y tbA.t aU the above sta.tem~ts :u:c true, and I agree :lod unde:rstand th~t ~y nllsstatC!1e t of ~atc.ria.I facrs in this IIpplicaci.on m cause forfeiture upon my part of any appointment I tnay %ecd~. September 1 . 2005 DATE Note: nus ~plication will remain on file in the City Qerk's Office for a period of 2 years fr the date it was ' submitted. It will be the ~ppliC'llnt's responsibility to ens\:U'c that Q CUrI:c:Q{ application 1 on file. ~'IDOIU.D\Al'ruc...'11O)( ,Lrn ~/J7 1'18'1'-18-2006 12:-t6 Pt=l( I I I[IUSTR'I' FUI tV 1561683'3633 P.0202 Donald R. Dolan is a resident of Defray Beach as he is the Executive Vice President of the PLUMBING AND AIR CONDmONING CONTRACfORS INDUSTRY FUND, INC. with over 20 years of mechanical association expertise including labor negotiations, educational programs, public relations, and seminars. He also has over 20 years experience as a Trustee for the Health and Welfare and Pension Trusts. Mr. Dolan received his B.B.A. degree from the University of Miami. He was an arbitrator for the American Arbitration Association, and a past member of the International Foundation of Employee Benefit Plans Board of Directors. Mr. Dolan rode with the Coral Gables Police for over six years and was one of the founding members of their Mobile Patrol. TOTHL P.02 m~ , 1993 2001 , IlJU3 It>? RECE(VED CITY OF DELRAY BEACH ,2005 BOARD MEMBER APPLICATIO~l 1 3 , ClTY CLERK oEtRAy BEACH . .. 4>> .. . . "" ***** Plase tint the foUowln inform.atioo: 1. LastName: V . (} ff?i) 2. Home Address: '?l5 Nf $~ ^Vt #3J 3. Legal Residence: (SA"'ll As A ,4. Principal Business Add1:ess: Name::Jfi5tJJJ City fA:~ y ~jJ City M. I. State n State Zip Code 73'1E Zip Code City State ZiJ? Code ?il' W. ATLAtJ-ec AVtNiJ..t 5urrt #o-r Home Phone: 'Business Phone: fJEI-RA 'i BeAc~ E-Mail Address: Cell Phone: FL 33'1'1'1 5. ~J 2 47 5" lQ-'5'10t 6. ALe you a registered voter? It If so, where ate you registered? IJ /~ ' I idL{Y) en 7. What Board(s) are you interested in serving? PLease list in order of pceference: Fax: t\t f5cJ 6M-blle &fd fJ'I-'5'1tJ7 (j)p l-:t L Avv.rs(J(lY oNro @) (lJ{l')UmY ~V6VtlCJPflJtllr . tV t~f.J HrOtl K(; ,Rf(ttt:Ji(S~ 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) . \ I'hk. 9. Educational qualifications: B.s, : trrct{~ RSS\l :]:1>.'; SNt- (1 LA Cl:J.JTtR..-/VO, s,urU6ttR'rl.N' to. List any related professional. certifications and licenses which you hold: NmL 11. Give yow; present, or most recent eniployer, and positio?-= ~4?> r, N~ - vJ Off.fCf.S 6fJ,\SlJ~ PiAaUAf([) .... . 12 Describe experiences, skills or knowledge 'which qw.l.ify you to serve on this board: (please attach a brief resume) AM2A14-QAlS '. , I hereby certify that ill the above statements are true, and I ~ee and understand that any misstatement of materi2l facts contained' . p ca . on may cause forfeiture upon my part of any appointm.ent I ituy receive. .~ ' IO//31t6 DATE 'Note: This application \Vill J:enWn 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\Cfl'Y~AlUMPruCAnoN \. DElRAY BfACH ~ AI r II UCIr 'IIII! 1993 2001 9f1tl7 RECEIVED CITY OF DELRAY BEACH OCT 1 0 2005 BOARD MEMBER APPLICAT~1fIr CLERK 3. information: 1. Name ~ ~k.... Ci w ~ State F=L State M.t --::r- Zip Code 33yyr Zip Code 2. 4. City State Zip Code - 5. Home Phone: Business Phone: E.Mail Address: Cell Phone: Fax: r= YZ'ZI Are you a registered voter? (- y? r- tfz!.j w:k'/Va:'ee-"GI -(~;:. 2r/- /77 If so, where are you registered? ~ <:. IJ c:.: -# 11>/.3 7. What Board(s) are you interested In serving? Please list in order of preference: ?O~/~ 1/1$0 R4~ 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) \ / 9. Educational qualifications: - JIo F!; uIJ10 er--- t/c.").J uc - /k; c:::.v:s- v/ ~ ~,r7(' -r-~av dN ~ Bo~.J. - V I hereby certify that the above statements are true, and I agree and understand that any misstatement of material factS cont2ined in . application may caus forfeiture upon my part of any appointment I may receive. ~C//6~r DATE 7 ) Note: This application will remain on file in the City Clerk's 0 fflee for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'CITYCLERK\BOARD\APPLICATION r!-n1 ~ 1 '\__"__~_~~ :r:- ~____._________________ I -'-T- / 9..s:!L~ / 9.~ ~-~~~---idt.t1(r-----------------._-'-----"-----'------------- ",.- /9~-z- /~lft:' s.u.JJ'7 ~ ~~~ ~----:::':':';_'-":':'::::;:~:::;:-:_:c-:-::- / 9'c;l' - /9'P'6' ~ c~~~.c.... S~ ~k:.. :::::::::c:'..:X~';:~~:~j-:};,~~\~~-= b/5~~ - ~~~K. ~er-V y:~__ ... /,9<< - / ?9 .r I' ~A.JC-I ~A_~~___..h.LA..k!~__/f1L~lUv~-_---____.-_ , " ~~c. - ffi~f/I ~_...--..A!~~--~------:,,:. ..., ,,' .",',' _ /99 r - r' 6i_V'~_ .(" cL-,-----D~-_!5~--~-~L~~~ti~~);~l~~~~:~~~~~t~::;~t~;i ~. I ? ~7 - I ~ 2/'____~..XL~~I'~~_~~..-<G..A-:d~t;,---.~~~~- /L'.l~__ ' ~ _ LOG! L - t/ Ice-: J<7 ~I b 0-1 r:. .sM..."-. L C"t( K C"'S' /77 ~A-- ' 20<1 7- f'~OJr- P~o/.'b~..~..L~~I!'~ /77~A__ , " I / " ' ~~~~~~~~~~%~i~~~{~~~~~;~ .. ". -. "." -, - . .. . .... , . . ". '" :..' -;.:. -:.:.: :.:: ~ ':-;.. ,:.;;. '...~ '--," . " - .~ ~ii%{{I{t:~~;;:;:?~X~~S~~~,=::, ) ***** Irl5J~ OELRAY BEACH .. t. 0 .. . . ... AHmericaCity "III! 1993 2001 CITY OF DELRAY BEACH RECEI\/ED BOARD MEMBER APPLICATION OCT 1 4 2005 CITY CLERK Please or rint the followin 1. Last Name:~ 2. Home Address: / 3. Legal Residence: /~{, 4. Principal, Business Address: infonnation: 1/6' State ~( State ;cL, State ML-:y- ~ Code 33 Zip Code 33 }CW ZiJ;> Code E2/V Ave:- .. "::"-- ~ .- 5. Home Phone: Business Phone: - E-Mail Address: Cell Phone: ~I'I fJ 39 ti>r ~ Fax: ~/tlu;.333 6. Ar.e you a registered voter? .--- 7. 8. List all City Boards on which you are cu.rrendy serving or have p~ously served: (please include dates) . -/Va t/. to. List any related professio~ certifications and licenses which you hold: ~ t 1. Give yow; ~tesent, 0 ~(!/f ~ Ch I-A Of? CJh/l ~/ c 671 '12 Describe experiences, skills or knowiedgewhich qu:ilify you to serve on this board: (please attach a brief resume) /f I ~ee- ?7 f? t/A/l s Lfr'-" -- the above statements are true, and I agree and understand that any misstatement of material facts may cause forfeiture upon my part of any appointment I may receive. . .. d5//y/6l4:N~ DAm I. " :1 ;:Jote: This application will remain on file in the City Oerk's Office for a period of2 years from the date it waS submitted. It will be the applicant's responsibility to ensuie'that a current application is on file. ',' S\CITYa.l!RK\IlOARDIAnUCAUON ~~/~~/~~~~ ~~;~~ ;:JO~/;:J~.:lO.:l~ 1~~167 RECE~VED CITY OF DELRAY BEACH' BOARD MEMBER APPLICATI&~ t 4 2005 , : CITY CLERK I"IHr;:OC.L.L.H 1m",J '. D 0 ~,J'A DURAY BEACH ~ 1993 2001 Of-LV LA ~ : Please e or tint the follo information: 1. Last Name:Fo R f:S T 2. ~7~td~J/El(WOOi) "BLvD 3. Legal Residence: S;Q(YJSC 4. Princip'a1 Business Address: m~f::.l.LA ('O)JDO~I~HJW\ ~JJ~. lNt. ~5~ S D~AtJ 'f3LV 0 5. Home Phone: Busioess Phone: CityD City Name , ' City BOCA KtfT~tJ State Zip Code ~L 33L./3:2.. E-Mail Address: Fax: ., -1/9/-1191 ,0 AJTY' 7. ", 8. Ust all aty Boards 00 which you ate: Currently setVing or bave previously served: (please include dates) ,.) UAJI V{I.. 7?OffiJN fV1A ~ < ~ . .'MS p,~ J L fV1 AtJ Af1.{JL. ; .-j Note: This application will remain on file in the City Qerk's Office for a period of 2 years ftom the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCL1lU\BO^JmV.l'I'LlCI\l101'l ~~/LlIL~~O l~:Lq :lbl':l~.:ll::l.:lL ~t:.LLA t-'A(:jl:. l::l~ Carl,]. Forrest " q 3140 Sherwood Blvd. Delray Beach, FL 33445 561-498-5078 PERSONAL INFORMATION BACKGROUND ;. ( .l PROPERTY MANAGER: (20 years) , have been a property manager for over twenty years, having to deal with many situations dealing with people, problems. and unusual situations. With a strong background of prob~~m solving by dev,eloping solutions and alternative answers to both difficult and normal situations. '., l PALM BEACH COUNTY JUVlNILE JUSTICE BOARD; ( 3 years) Evaluated Juveniles who committed misdemeanors and felonies (first time off~nders) and worked to get young people onto the correct track of life, by reviewing the crime which was CQlilmitted in a face to face meeting, trying to explain why the crime was committed was wrong and~~veloping a reasonable sentence for the juvenile; be it public service, or other and the amount of time :to be served. This was then presented to the Attorney General's office for review and action. " , MASSACHUSETTS BOARD OF ARBRITATORS: (7 years) Served as an Arbitrator for the Massachusetts Lemon Law having to do with vehicle problems between retail customers and vehicle manufacturers. Function was to evaluate the prot.l~m(s) and determine if it was a manufacturing problem or one caused by the consumer. Once fault w~s' established. to come up \ with an acceptable solution for both parties. ' NORTH CONWAY NEW HAMPSHIRE POLICE DEPARTMENT: (6 years) I,' Served with the North Conway Police Department (1969 - 1975) as a "Speci~J,-Offrcer": ( a functioning police officer with full police powers. but only on a part time basis, less than: 30 hours per week) My background as a police officer gives me the insight into how an officer thinksu,hder stressful conditions and at the same time allows me to underStand the public readion to many situatiQns. MASSACHUSETTS ARMY NATIONAL GUARD 26TH DIVISION: Served in both the Infantry and the Military Police branches of service as an enlisted man and an officer. This training gave me the ability to follow orders, deal with numerous life and d~ath situations and to act . ,.J out and follow defined plans of action. : ; i:: . . . { SUMMARY: Based on my current work as a Property Manager and my background in law Enforcement, Arbitration, and my background as an executive business person owning his own businesses in excess of thirty years, I feel that I am well' qualified to reside on the Police Advisory Board al1d to work with and help develop excellent techniques and procedures for the Delray Beach Police Department, which will help to develop excellent communrty relations and good understanding between the Delray Beach residents and the pollee force. I ROI'I GER-SHt I FH:': 110. 5fll ~6~,(r? -tt::1 Sep. ......1t.... E' 2005 10: 30Hl'I P2 9/?/07 €.\\JEO CITY OF DELRAYBEACH ~€-C '. \\'i BOARD MEMBER APPLlCATION.;;t\' \ 1'l.1l 'f.. crt'< c\..€.~ DELRA)' 8EACH 4 . I~ " . .~ .. AII-Amerk:aCfty " III! 1993 2001 Please ,or . ,rIDe me following information: 1. Lase Name: -h &c/ OS ll- l. Home Addre:is: q E (/ & ...sn ecr Name M. r.- ~ , 3, Legal R<:sidellcc: .J t1- /ItI ~ 4. Principal Business Address: . kn~~ ~bj':itt:n;~J 8u';1; Phone, ~e you ~l registered voeer? , ) City Scare Zip Code 7, \'(,'11at BOll.rd(s) are y..:.u inr.e..r::q;t' E-Mail Addre:;s: Fax: 41-l(,...v~ sc:;r....ing? Plea~e list in or.dcr of pr.derence: ! 01.. /;;~ -17/0 JiI,e lJ ~ 8. Li.~ aU City Boards on which you are cunQld :;crvIng or have previQusly s~l'Ved; (plea~ include dates) ) i-- -.--_'.__...___.. 19~ Ed=riou.l 'l'Wificariou", ~ ~ ""r7~ to. List any ,related professional certifications and licenses which YOLl hold: ~ ~~ I'1'lr~ #tS7J Rc-r~ h1 ~ 11. Gitrc yoltr prescnr, or most rece.n[ employer, and position: l2. Dcsa-ibc experiences, skills or. knOWledge which qualify you to se:rve on this ooaJ:d: (PIC45e attach a. brid t'~ume) all rh.:- 3b.'v., :,r'I[UTItClJ[S arc uu.c, and 1 <<grc':~ aoJ under.srand t:h t any missrate.mcnt of Ularcr.ial f;;;;-- plication may cause forfeitw"l:: npon my Pa.LL of any appointm I may receive. . t:r: ~O.r-- l'"TOtc: '\ / 'carion will remain on file in rhe City Oe.rk's Office for a period of 2 years horn me date i[ ~-as d. I[ will be the applicant's rcsponsibiliry to ensu't:'e that a CU~Tcnr appJic.acioll is 011 file. S'CIT'CCLeJl"-\I;C\AR~'>\APIoI,IC^rj(JN F:Cll'1 C,EF:-':.HII FH:< 110. 5bCbb07-lb Se:p. 12 2005 10: 31Hl'I P3 Gerald Peter Franciosa 939 Eve St.-eet Delray Beach, FL 33483 Home phone number: 561-266-0608 Cell number. 561-716-7355 Fax number; 561-266-0746 EmllillJnl.llciosa4delray@aoLcom Gers_n2@aol.conl QlIALIFICATlONS: Over 35 years of investigative experience. SEQUENCE OF EMPLOYMENT 1965-2000 FALL 1965 / MARCH 1970-LicensedPrivate Investigator, City of New York, self-employed licensed private investigator also licensed to carey a firearm. MARCH 197o-JUL Y 1973-U.S. Customs Agen~ as..~igned to the U.S. Customs New York City office. ) ; .JULY 1973-JANlTARY 1998-SpeciaI Agent with the' Drug Eliforcement Administration, with Sl)ecial assignments to US State Department. JANUARY1998-JUL Y 2000-Private lnvestil?:ator Self employe.d Florida/New York licensed pIivate investigator working on a myriad of investigations. JULY 2001-FULL Y RETIED SYNOPSIS: I gl'aduated college and received a degree in accounting and economics.'l was hired in 1970 as a special agent of the U.S. Customs Dure.'ul, Department of the Treasury. During my tenure as a Customs agent I conducted a. mydad of investigations ranging f.-om backg,'ound investigations, Customs fraud, sm uggling, inte.'oal inve.$tigations ofCllstoms employees and narcotic investigations. .r was also involved in training new pe.-sonne!. In July 1973. a Presidential decreed established the Drug Enfol:"cement Administration (DEA) to combat ol'ganized crime and n1l.-cotic tI"afficking. I was at ) , =-F-'O'] CiEP-SAf I Ft=C~: 110. 56126b0746 Sep. 12 2005 10: 32Ar'l P4 that time laterally transferred from the U.S. Customs Bureau to the Drug Enforcement Administration, which was part of the Department of .Justice, as a special agent. J remained officially with D.EA until my retirement in 1998. During my tenure. I conducted mayor investigations into criminal enterpris(>.s involving organized crime. high profile narcotic violators, money laundering, and fraud. I also conducted internal, background, and a~set forfeitul-e investigations. I wa:s involved with the training of several foreign police agencies in areas of investigative techniques, interrogations, firear-ms training, use of force and establishing police policy consistent witb tbeir foreign govern,anent laws aDd .-eguJations. A'WARDS I have received over 40 awards during my career from various US l"ederal agencies, including the 1983 Attorney Generals Award for distinguished service. I have received over 30 awards from foreign government agencies and over 2S awards fr'om various State agencies. AREAS OF SERVICE T servt""d the United States Government as follows: 1970-1984 New York as a special agent, 1984-1988 Rome., Italy as an assistant Country Attache, 1988-1992 at Boston, MA. as a supervisory special agent, 1992-1997 at Curacao, Netherlands Antilles as a Country Attache, 1998-retirement at tbe DEA Headquarters, Washington D.C. INVESTIGATIVE TRAJNING: During my investigative career with the Federal Gove.'n ment,. I received numerous traioilJgin investigative procedut.cs. 1 attended the Department of the Treasury, law enforcement training facility in Washington, D.C and the Department of .Justice Special Agent law enforcement training facility at the Marine base in Quantko, Virginia. I also received uumerous othel" investigative training during my Federal Law Enforcement C31-eer. EDUCATIQN: I received a degree from the City College of New York, majoring in accounting and economics. BIOGRAPmCAL DATA: DPOB: Octobcl- 25,1943, Bronx, New York I have resided in Delray Beach since 1999. I am married to Sandi since 1963. we have three children and two grandchildren.' , DB.RAY BEACH ~ An hunlcaClty , 'III! 1993 2001 ~/UJ CITY OF DELRAY BEACH BOARD MEMBER APPLICATIOif=CEIVED SEP 2 0 2005 Ple3Se e or rintthe followin information: 1. Last Name: /V _' (50LD 2. Home Address: r:'\ /~<f7 Dw~f. fVl;1 el-- /-J....-illf? 3. Leglli Residence: Sa""" ~ 4. Principal Business Address: S- ;z.. 75" 70 w #Of c.~ wk v ~ 0 ad, 1-1 State Zip Code L 33Y~.s State Zip Code State Zip Code pL. 3.s5'Kb Be q~ it City .s u. * 2..0{ , &s:.. ~rfr,-1 5. Home Phone: Business Phone: E-Mail Address; Cell Phone: Fax: ..,...,- rG:./. Y~b'~/(.5 S-b(-~7 Y-6/0?.1 Sfof-l!/(, -0l1f5 d. oI:J(,fclfi?jclc/~l-bsclJ.CJJ . ;;,'Ob 57 S' '06'1 ~. 0.7)'-7 'lr7 6. Are you a registered voter? X If so where are you registered? e.r \~c. o~o 7. What Board(s) are you interested inAerving? Please list in order of preference: ?o(ic.~ A-J IIl.tcU' ~Q vd 8. List an City Boards on which you ~re cUrrently serving o~l1a~e previOUsly served: (pleas,e in.clu4e dates) , ~rl~ ", ' , ) 9. Educational qualifications: . /j. WQ. ",+l-r -(I-( Cov~ SIGNAlURE 9 -:IV--:oS- DATE 'Note: nus application will remain on file in the CityCl~s Office .for apenod of2 Yea~ from,the date it was \' , submitted. It will k the applicarit'srespoiisibility to ensuret&t~ currentapplitati~h is ~ii file; , J SIc:TYCU!1UC.'IBOARD\APP1lON, rI- Il'l ?'hl h ~o&- ORRAY BEACH ."0.... ***** AHntericaCity , '" J! 1993 2001 CITY OF DELRAY BEACH ,2"(/fl-(<, ~ ,-' "i " t::. 0 BOARD M.&MBER APPLICATION- ,. MAR {) 6 200G ,~ ~ c- p~~\5~ C \"f''/ \.... i,# ;..... , information: ',; ~, . Please rint the folIo l. Last Name: 2.. Home Address: /.- 3. Legal Residence: 4-. Principal-Business Address: City State Zip Code 5. Home Phone: . 'Business Phone: E-M2il Address: Cell Phone: Fax: 7. What Board(s) are you interest . Please list in order o~ preference: 11. Give y:oW; present, or most recent eniployer, and p~sitio~ " , I hereby certify that the a~ove statements are tnIe, and I agree and understand that any nUssutement of material facts conl>inoo -. lhU .pplication may cause fe<faln<e upon my part of any OPPOinlm2 may eeccive . .D~d~~ C". 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 efisuie'that acurrent application is on file. , S\CnYC1JlRK\BOAlWIAPPUCAnON Mercatur Guerrier 1550 Catherine Drive #3 Delray Beach, Fl 33445 (561) 272-6042 Home (561) 305-7905 Mobile Objective: A challenging Executive Director position in a fast paced environment that will allow for personal growth and career advancement. Education: Florida Metropolitan University Major: Business Management (Retail) Minor: Marketing Overall GPA: (3.55) 'Florida Athintic University Especial Business courses Experience: 99 Cent Stuff Department Store. 2005 - Present Senior Store Director (Big Box Supermarket) Increased sales volume hy 55% less than three moths and Decreased payroll by 30%. Designed more attractive merchandise presentation strategies and special marketing campaigns, resulting in increased store traffic by 250%. Hired and trained staff, increased store inventory and expanded merchandise purchases. Responsibilities included, merchandising, customer selVice, and all facets of running a department store. ) Money Corner, Inc. 2004 - 2005 Store Manager (Finance) Offering customers superior customer service and creating the maximum profitability of store operations. Oversee the flow of cash and financial instruments in accordance with company policy. Oversee risk of all financial transactions executed by store personnel. Contact customers and businesses to promote goodwill and generate new business through outside marketing, increased sales by 65%. Ensure the completion and compliance of government reporting such as C.T:R, s money order logs, S.A.R's in accordance with company policy. Pinch A Penny, Inc. 2002 - 2004 Store,Manager (Retail) Managed the above store specializing in pool products, with responsibility for 2 employees. Creating a delightful shopping experience forthe.customers driving sales while controlling costs. Building a strong store team through hiring, training and developing. Managing operations including merchandise management, promotional setup, loss prevention and profit improvement Created window displays on a monthly basis to promote new merchandise, grew sales by 70%. C&M Cleaning & SelVices LLC, 2002 - Present ,Owner I CEO Targeted and profiled prospective customers set up appointments, and implemented challenging sales targets designed to grow the business by 35% quarter on quarter. Adapt in the innovative and profitable presentation of selVice and interact with customers on a personal level providing exemplary customer service. Prepared bids, manage contract files and documentation, currently servicing Broward and Palm , l3each County DRIAY lEACH ~ . 1'lLJlkaCily 'IIII! 1993 2001 RECEIVED CITY OF DELRAY BEACH OCT 1 1 2005 BOARD MEMBER APPLICATIO~ITY C~RK fO/tI/ry Please or rint the follo 1. Last Name: HALL A.....t 2. HAme AddE.ss: ~(rf--O)trO \NTE C Ir2CLE 3. Legal Residence: SAMb. 4. Principal Business Address: Name .JoH-~ M.L~ City I S~l Zi~e 3' 6 City State Zip Code SAME It " City State Zip Code 5AtIl(; I( I' SAMb' 5. Home Phone: Business Phone: E-Mail Address: /::) 'Cell Phone: ~ ~ ~(-\ "3044-5 C!!:: G::.3 B -,5'" Bo 5N-AE' 13ELLSoo'f\-\ .t-(ET - 6. Are you a registered voter? \( t= 5 If so, where are you registered? PALM 7. What Board(s) are you interested in serving? Please list in order of preference: Fax: BEACH ~C.LICE ADv~SoR '-l B<J ARD 8. List all City Boards on which you are cw:rendy serving or have previously served: (please include dates) N()NE 9. ~f~~~~t~ol~~~E 4:8)U~T\D~ 6.s. MAQKETt~( MBA MS\.HZ~ - ORG.AMt-ZA1'"\oNAL- :R5'l~t1DLO(1'f K'EN.~WA.L 10. List any related professional certifications and licenses which you hold: PQ.o~E"55 \ONAL E~ \WE:E:Q.... MEC+tAt-{lQAL l="e5o'lD05 J="" LA. P E (5~t <f 11. Gi~ your present, or most recent employer, and position: V~ Q 56~ &(2.ro~ '(,at-! -- AS"5\ U2.EG\()~ o~ oPEeA'\\ct--tS 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a b oef res e) Fo (JE tAQS o~ tJlJWA. Ef'I\EN,- f€R\Et-.t-<'!A;:: My MS EJ)oCAT\ON MEM5Et2. oF- MAW\{ l3oAt<D5 ot--l CoMMot-lnY AH]) STA1t L8fEL. A ~AM(L" (-{eAVtl-'{ t t4\J'OL-V@ 1M LA.W EHt=OQe€H1 1 I hereby certify that all the above statemenm are true, and I agree and understand that any misstatement of material facts con .. m . rt~-"i>"'mypartofany.ppOOrtmi~ft,?:5 RE DATE' I . This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure t:ha.t a current application is on file. S'ClTY~ATION ) DRRAY BEACH ~ AI .....rcaClly 'IIII! 1993 2001 ~/'7/0 'l REceiVED CITY OF DELRAY BEACH FEB 072006 BOARD MEMBER APPLICATIO~ITY CLERK 2. information: 1. R~ Name ~O City M.l. 3. City State f'1 State Zip Code ~'111 S- Zip Code 4. City State Zip Code , 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: Ii" 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) ) 9. Cr~ 10. List any related professional certifications and licenses which you hold: at all the a ve statements are true, and I agree and understand that any misstatement of material facts . s applica' may cause forfeiture upon my part of any appointment I may receive. , I /31/Ob DATE ) t . '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 ftle. S\CITYCLERKIBOARDIAPPUCATION RECF~\ir.:r, J .....! 'J 'i,~. ;;.J JOSE HERRERA 'l/197 Whatley Rtf. Delray Beach ,Florida 33445.561-644-7573 FEB 0 7 2006 CITY CLER~ OBJECTIVE My MAIN OBJECIlVE IS TO APPLY AU. MY SKILLS IN ORDER TO MAKECORRECf JUDGMENTS FOR TIlE BOARD. EMPLOYMENT LEGAL AsSISTANT WEINER AND ARONSON, P.A. 2003-PRESENT DELRAY BEACH, FWRlDA REsPONsmlLITlES ARE TO ANSWER PHONES, ALE DOCUMENTS FROM PREVIOUS CASES, PoWERPOINT PRESENTATION FOR CITY COMMISSION HEARINGS, TAKING PHOTOGRAPHS OF SITES, AND VARIOUS OrnER TASKS AND DUTIES AROUND nm OFFICE. SERVICE 'MANAGER DELRAY BINGO 1998-2004 DEmAY BEACH, FWRlDA REsPONSmlLITlES WERE CUSTOMER SERVICE TO A SENIOR CITIZEN CLIENTELE. SALES, AND HANDLING TIlE FINANCES. OFFICE AsSISTANT FWRlDA ATLANTIC UNIVERSITY HOUSING AND REsIDENTIAL 2002-2003 BOCA RATON, FWRlDA REsPONsmILmES WERE TO UPDATE INCOMING HOUSING FILES, TO ESTABI1SHANEW FlUNG SYSTEM FOR FlJfURE YEARS. INvENTORY CONTROL TRICOM PICTURES 2001-2002 DEERFIELD BEACH, FWRlDA REsPONsmlLITlES WERE TO ASSURE 11IAT INVENTORY WAS KEPT UP TO DATE AND SmPMENT WAS MADE ON TIME. EDUCATION BACHELORS DEGREE IN CRIMINAL JUSTICE FWRIDA ATLANTIC UNIVERSITY 200 I-PRESENT BOCA RATON, FWRlDA PRESIDENT OF CATIIOLIC NEWMAN CLUB. SronENTGoVERNMENT AsSOCIATE JUSTICE. OVER 500 HOURS OF COMMUNITY SERVICE. FRATERNITY MAN OF nm YEAR. SIGMA PHI EPSILON FRATERNITY VICE PRESIDENT OF PROGRAMMING. INTER GREEK COUNCIL PRESIDENT HIGH SCHOOL DIPLOMA POPE JOHN PAUL II HIGH ScHOOL 1998-2001 BOCA RATON, FWRIDA OVER 200 HOURS OF COMMuNITY SERVICE. COMMUNTIY SERVICE AWARD JUNIOR YEAR. SCHOOL MOST SPIRITED SENIOR YEAR. \ ,j OElRAY B'EACH . .. 0 .... 0 '" ***** CITY OF DELRAY BEACH Ir3/bl1 BOARD MEMBER APPLICATIOK=\E-GE.\\JEO o C.1 - '3 '2.\l\lS Cff'l C\..€.~" MI. All-AmericaCity "1I1! 1993 2001 infonnation: State PL, State Zip Code :S~YtA Zip Code State Zip Code :S3li<{3 5. Home Phon : 5"61 L/fjC7 -tTf 6. .Are you a registered voter?, ell Phone: ,S-G I 70' -~;:} If so, where are you registered? IS- 0 7. What Bw. des) ar~ you interested in serving? Please list in order of preference: rbL ' ' .. ~ wo 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) No,' . 9. Educational qualifications: to. List any related professional certifications and licenses which you hold .s~UJ ~. (L 1I..e It.. '12 Describe expe.rienfCS skills or knowledge which quali9' you to serve on this board: (p!ease attach a briFf res~<p , ILO J/ I -e' ONSO/lS'ht M l.l I -0 VI tJ P s -r /vI C- b l;t S ~ . C 81L tJ 7A /l. J-.o D P S {: S cJ~ I ~ 2.,....e I hereby certify that all the above statements are tme, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~~~Mt~ fZ. .. D~- ~\Y-O,L l'Tote: 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. , SlCITYaJ!RK\BOARO\APPUCATION JOSEPH A. INGRAM, JR. HOME ADDRESS 3324 Chatelaine Blvd. Delray Beach, FL 33445 (561) 496-1594 OBJECTIVE Seek opportunities and strategies to become a valuable asset to the Company by Performing at an optimum level EDUCATION Graduate of Trenton High, 1974 - Trenton, New Jersey OTHER COURSES Computerized Bookkeeping - Academy of Professional Development - 1993 Ewing Township, NJ WORK EXPERIENCE 2003 - present Crowne Plaza Hotel West Pam Beach, FL Banquet Captain · Supervise servers/set-up persons · Prepare invoicelbills · Guarantee BEOs are properly addressed · President of the Safety Committee 1999 - 2001 Pathways Delray Beach, FL Intake technician Assist Clients upon admission 1998 - 2003 Marriott Corporation Delray Beach, FL Banquet Department · Set up, prepare and maintain breaks · Prepare buffet set-up · Train new employees · Lead Server at all functions · Check BEOs and confirm menu/instructions with the kitchen COMPUTER SKILLS · Working knowledge ORGANIZATIONS · Provides sponsorship/counseling to individuals of substance abuse · Chairman ofthe Christian Brotherhood ofSt. John. REFERENCES AVAILABLE UPON REQUEST AJI-.AnIericaCily ""I! , 1993 2001 /t~ o S~ ~/v. CITY OF DELRAY BEACH c/ P <'0> # ~() BOARD MEMBER APPLICATION J-y C(~ <'6't?f r/t2/fl;; M. T. (2, , Zip Code :3 Zip Code Name fl10 IttM /j~ OB.RAY B'EACH .'0...... ***** Please tint the foUo' information: 1. Last Name: /<.A12/r\tt... 1238~5t-dmgfMItL'l~ 0/11) 3. Legal Residence: 5~~ rts IH5tJtI~ 4. Pcincipal'Business Address: ..5' /3-fl1 Z- IJ:5 MeN ~ City City State Zi{> Code J -638--?6'1lj sbl-2-78-3lf8b 6. he you a registered voter? ~ 7. What Board(s) you interested in secving? Please list ~ or<!.~Ao~ref9;ence: 'A P LIC-&- f}l)V/.5.CJ72 BJU~J:J1,L./ 8,,-/9-12-..1] , Cell Phone: Fax: I-'J.dfl- 332:b 5. Home Phone: Business Phone: E-Mail Address: 8. List all City Boards on which you are currendy serving or}:lave previously served: (please include dates) - ;Vl)/V~ . 9. Educational qualifications: {}-- 10. List any related professional certifiCltions and licenses which you hold ~It- J FL 33C/VY Jb Note: 'Ibis application will remain on file in the: City Cl~ s Office for a period of 2 years from the date it was , submitted. It willbe the applicant's responsibility to eflsuie' that acurrent application is on file. , ' rl, S\CITY~A1W\AI'l'llCAnON' J-1Y'/ 5{17 ".'" :t lU U~ Ie: ;:J~p ***** RECEIVet)l DEe 1 4 2005 DElRAYBEACH , l 0 ... . 0 A All-AlllerlcaCity " II I! 1993 2001 " i' CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 11/( /t57 informacion: KA 2. Home Address: /) 5' I ffAm -f4!'n L /lfdt' N~/"fh 3. Legal Residence: .61l-Mc:. Name m ,ih'1. (rn iGK.f!!:Y City . 7J~/rA'f 13ca.eA. City State FL State MoLe Zip Code 33~i'6- Zip Code 4. Principal Business Address: City State Zip Code t; - - 50 Home Phone: !J(,' - 495-7 g ~ 8 9s'l -31.() -I, 'O() 6. Are you a registered voter? Y~$ Business Phone: E-Mail Address: HktJt/ #) 1l,Jl.a..GuiF. (0 Cell Phot\e: Fax: CJS'''f -3t.o-6. f~.2. If so, where are you registl'::red? a. J ~. _L .I'i' , , rIHm Ll..4.A'1 LO. 7. What Board(s) are you interested in setving? Please list in order of preference: () J. "11, I' -:20,-, _ J ro I.::e;.: H-exVJSlJl' ID ..../~ 8. List all City Boards on which you are currently serVing or have previously served: (pleas~tpclude dates) 9. Educational qualifications: f.1. < ol t::::": - 10. oJ. i!.iI /'tt' c:;(!",., OM IC& 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: ~{ Agt.c.t:L C;" If- Jra..ns p~r t: Trtc. . P;c~ PN:'.S. SA/es:iE' M~I'~-h',zf 12. Describe experiences, skills or kno~vledge wbi;:!! qualify you to s)f"e on this bo;y:,~ : (pleas~ attacl;. a brixf resume) ~e,.."~ d n f3Dtl. nl trf 1::Jtf'l<C~t'S (1re4..S~ I'-~" rtl'Z t1. () V'r!' ~ Ii~tn/! b'lVIU!.~:s. fl:5 So ~ . lkIMy'BuJJ ~s;d~i; Ac,o,el.4mYJ 'lrtl"- .tOl)~J ~A.cI/~r/tJ,.Y;/~f-~"t"J IIofl},it&/k '1 U ::r;.-h~sT in Se,.lIln.r t.4ce c,.fy.; I hereby certify d'lat all the above statements are true, and I agree and understand that any -misstatement of material facts contained in..th" fa lica'~ "'cause forfeiture upon my part of any appointment I may receive. ' ~ 10. IS!t9S- . ,) IG i\:ru 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~C~~O^R~~Puc^nON ~(Y7 5//1 89/19/05' .ON 10:1$ FAX'56124~377. ~":B~, ,t.O ~ \J QV\ ~ ~ e C_O lJ ,~)' "~, . ".'.,:'1',',-1:-, . ' CITY OFDE,LRA:Y BE~H "" BOARD MEMBER APPLICATION' 'CITI' CLERK ----".""'-,.. ~ooz f1ih ....~ ief':"'-'''1ioo: RECEIVED SEP, " t005 'TY CLERK MLT3 . ,C CG<k . S- State Zip Code. FL '33445- St#te' ' ,-,Zip co&: i\ll P\; , f:J f\ -,~S, 2001 'PU: fV\. ~ _ S::Q tA~ (~t~ cJ'VI , to. J.iostany mIanrl pr~~~~';es :and,~ ~YDulrol4 ,[ , II) tv kcvu cR V}0l~\...t SeF 15 05 09:22a Major-Hanna 561-278-1822 F-2 09/14/05 WED 11:21 FAX 56124JJ774 ORIA\' BEACH ~ ;(iir 1993 2001 eI TY CLElYL- ~002 -.....__._~._. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION f~/~D7 we... Name E. l ( e.-rJ City [)..J ;0. City b.J. r-a. City M. I. 5. Home Phone; Business Ph.one: SCot - ~ 1Z'-1&l.. '~~'L-& o. AD:. you ~ .r:egistecai vatu? ..5 7, What Boud(s) uc you iocuested in serving? Please liu in oro~ o~ pcefacnc.c.: E-Mail Address; r:::--. CclI. Phone.: ~ ~c r hc<r,nc. ~ r B.:..c..{\ 'S.c> vJ1,.J.)C!....T t,( - ~5'- ~ol;:2., If so, where ace you registle.ted? F:a: ~.i: ttt G ~ 0\: C Q..... u.J! \..Y. S C!j i N Q.""':> \-"\ \' d. s Ct. tiy serving or h"ve previous y secved: (pk:ue include d:ol~) 8. I...i.tt all uty Bouds on which you U'C r-J OA-- " 10. List any rel2.ted p.cofessiolUl ce.ni6c;atioos :an~ licenses which you hold - AeP~ . . 12 Desaibe cs:periences. sk:ill.s or knowledge whiCh qualify you to setVc ou this board; (please 1rb.ch a brief resume) ~ " v-~l'::' r-- (j I ~f)o-\...~ "...." ~ C""-'-" Tc~ I hereby cutit}r th1t all the 1\~ $t::ltancnts 1U:C true,. and I :agree and undastand ~t any misstatement of llU.teDU Uc.r:s coowm:d in tb.i& llppw::uion may Clluse forfeilU!e upon my part of 20Y appointment I uuy.receive. E~~n.A~ . . "f/tS/O:5 SIGNAroRE' , , DA-re I Nou=: This application -will re.m:U.a on file in the' City Oe.r:k's Office fo.c 11. period of 2 yeus from. d'lC <hte it wu submitted. It wiIl,be ~ app1ic:ant's I:OJpoosibiltty to cnsw:e th2..t ll. cwrc:nt :applk:aaon is OD file. $'OrYO" -"I)..O....,IlIA.UUCA'IKIN RECEIVED SEP 1!i 2005 CITY CLERK "< i DElRAY BEACH ~ ;ijir 1993 2001 1/d-~ CTJ CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATION SEP 12 2005 CITY CLERK lease - the follo - . fo P tvoe or pnnt Wttl!!: m o:na.tJOn: 1. Last Name: M p..... "'"', ~ N:e:-S 0.- p e- \ Mt-< 2 Ho, m~:r: ~ s ~n.Ao.f\.f C ~E Z" Code Trtt: \ Oe,\('Ay ~LG\<:-h 334<63 3. Legal Residence: -:/ City -7 State Zip Code <;o.me- 4. Principal Business Address: City State Zip Code 5 0.. ,("11 e- 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: (bl&1"\ ~ 43-2\OS - ----... 5a..m ~ 6. Are you a registered voter? Yes If so, where are you r~stered? g h C ' a.. \ fY'\ e ~ c- 0 u n -t-", 7. What Board{s) ue you interested in serving? Please list in order of preference: -7 PO\', Ce-- /~~'4 ~S6IV 000:..6 8. List all City Boards on which you ue cwre6tly serving or mve previously served: (Please include dues) , , NON8 \ '9. Educational qualifications: C-D'-l e. Le..-..\--\-e..r- ' ' S.e e.-- 10. List any related professional certifications and licenses which you hold: S e- e.-- CO'-.J e-r Le.--\--kr- 11. Give your present, or most recent employer, and position; . h .. t'-I\ e..~ r 6 5 .\- o..:.\- e./ Co \ \e de..-- - /\~'\ LLA[+ (J("() ~ e-SSc ( 12 Describe experiences, skills or knowledge which qdIDfy you to serve on""ffUS boud: (Please att2ch a brief resume) 5 e e..-' Co,", er Le- -t-- k f' I hereby certify that 2ll the above stlLtements ue troe, and I agree and understand tlw: any misstLtement of tn:lterial. filets contained in this applica.tion may cause forfeiture upon my part of any a.ppointment I may receive. ~Yl'n~ SerA-. d~ ;;} 00 .5 SIGNATURE DATE I Note: This application willrema1n on file in the City Clerk's Office for a period of 2 yeus from the date it was submitted It will be the applicant's responsibility to ensllre that a cucrent application is on file. sv;ny~TKN )((1 z;()q, ) ), ~:) ., September 21, 2005 Thank you for considering my application for a seat on the Police Advisory Board. As a resident of Del ray Beach, I am pleased to serve my community on The Delray Arts Roundtable and would like to extend my service to this Advisory Board. I am well suited to this board based on my work in Denver, Colorado and Boston, Massachusetts. I have created and implemented conflict resolution seminars to facilitate communication between college students and the community. I have been invited to work with 75 teaching staff at an adolescent psychiatric facility using my original activities workbook. And I conducted seminars on conflict avoidance at a community college. My teaching, writing and lecturing for the past twenty years involved urban populations and minority students struggling with issues of racism, sexual discrimination, ageism, integrity and character development. I believe that I would be an asset to this board and look forward to hearing from you. Isabel Make (561) 243-2108 DELRA Y BEACH ~ All-America City , 'III! 1993 2001 1/J-ijl7O RECEIVED JAN 7 4 2006 CITY OF DELRAY BEACH RK BOARD MEMBER APPLICATIONC1TY CLE 1. Name S City ...D=- City , DEI City M.l. 2. 3. 4. GfJc h State ~y Home Phone: BusinessPhone:_ , 'b.3 - 3> ,c tf(dl)- of51~ 6. Are you a registered voter? E-Mail Address: Fax: 7. What Boardes) are you interested in serving? Please list in order of preference: ) ~ 1 8. list all CityBoards on w ch you are currently serving or have previously served: (please include dates) l Y: Ie o;L 9. Educational qualifications: I hereby certify that all the above ementsare true, and I agree and understand that any misstatement of material facts . . =0 fo<feiture upoo my part of "'y 'PP"IDooen. I may receive. 6' 0/-22--0- DATE . \. ! ote: This applica on 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. SIClTYCLERK\BOARD\APPUCATION 719 Avenue Chaumont. 0eIray Beach. FL 33445 (561)638-9713 Samuel A. Menard ObjectIve To share life experiences and the theoretical knowledge that I received from school for effective and professional teaching in the community. ExperIence 2005-present AtlanticHigh School Delray Beach, Florida ScIence Teacher . Cl8ssroom teacher at the secondarylevef. · Teaching, testing, grading, and maintain an effective dassroom management · Preparing lessons, calHng,parents, and a mentor to students. 19~t AD Aorida Traffic School ' lake Worth, FL InstnJctorlBDl and dlUg and alcohol · Teach the substance abuse education class and the basic driver improvement dass in two cflfferent languages. · Suggest new strategies that Increased eamingS. ) / 1997-2004 School OI1strict of P.B. Co InterpnrterITransIator . Advocate for the LEP students . Tutor LEP students '. Translate documents to other languages WPB,FL 1995-1997 USA Immigration SetVlC8S Defray Beach, FL CItIzenshIp class 1nstructcN', · Teach the United States history to immigrants. ,. Prepare applicants for the immigration citizenship exam EducatIon 2000-2002 Palm Beach Atlantic University .' 8.S., Orgjlnizational Management 1998-2000 New Of1eans Theotogical Seminary . Theology WPB,FL VVPB, FL AtIIIIatIons and Volunteer experience Sponsor of the Caribbean Cultural Club at John I. Leonard School AdvisOr to the Bethel's youth dub Founder of Bethel men's group (Les Joyeux Chanteurs) y J /) Certifications References Palm Beach County Community SChool volunteer Mentorto a high school student Department of Education's ~Ional Student Education Teaching certification, Substance Abuse Classes, Department of Motor Vehides, DTA certification AvaHable upon request OELRAY BEACH . .. 0 .. . . .. ***** 7!!)3!01 CITY OF DELRAY BEACH RECE1VE.D BOARD MEMBER APPLICATIO~p ? 3 2005 ClTY CLERK AD-AmericaCity , ~ II I! 1993 2001 1. // ""I' ~ State I'F M.I X ~ Code Zip Code /t 2. 3. Legal Residence: .sAme a.s 4. Principal Business Address: AI/4 5. Home Phone: ' 'Business Phone: ~id,-~(5~ 6. City State Zip Code - - -' E-Mail Address: Cell Phone: Fax: 7. e," 8. List all City Boards on which you are cun:endy serving or have previously served: (please include' dates) 9. 11. - r7 1.5- Irs I 5he-r~'.p-{ls O-ff~ I hereby certify tha.t all the above statements ate tnIe, and I agree and understand that any misstatement of material facts contained ih this application may cause forfeiture upon my part of any appoin t I may receive. ~~ Q.~rdt~~ " .- '." dJ' d(JN~ rNATURE r ,/OA / Note: This application will reJrulin on file in the' City ClerICs Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensuie'that a current application is on file. SlClTYaJJRK\BOARDIAl'l'UCATION rt-.m ~f/~ '\'- ~. .,....J .DB..RAY BEACH .c....... aaJIId JIII'IMlliclCItr 'IIII! 1993 2001 1. 2. 3. 4. Principal Business Address: ;-IYCYJ CITY OF DELRAY BEACH RECE\VED BOARD MEMBER APPLICATIO~p '5 Z005 C\TY C~e.R\( ,- Molo/<.. State Zip Code Shite State Zip Code " Fax:- 7. 05'2- 8. list all City Boards on which you are,currently serving or have p. 6 "', ) .. . . .stat~ts.are e,)ind I agree and undeQ;taOd tbataq.y ~i$~tCqlet;lt ofniai&i~I;~ "'"'" futteiture upon my put of"'Y appointmen/; TO. . . . . . ,. .. .. .. ... DA~t1r , Note: 'This applicatlon'wlllremain on file,in the CitfOerk's Office for a periOd of2 years from the date it-waS" )" submitted.lt.\riU be' theapplica:nt's responsibility to"ensure that a current application is Qnfit<; " , ."" ,', , oj " , ,',', .. ' ~Pl'tIC1.TI01" ,L/n ,q;~ :f( JS-S ()t1L{2. 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".' .".. . . -. .. . . '". . ".. . ,- . ". . " ',tiP . . ' . . 1~ :z.OOl IlJ 003 /~jlh CI'tY OF I')EI..~Y BEACH , .. :BOAItO MEMOt=R APPLICATlbRCEIVEO nEe 1 5 ZOOs Gl+~ c r--R' ''''''.'', '~l is St:j,ttc '. Zip:Co4~ ,331./- 3t;;; Zip C~d\:: , Name ~ City SctT.c Zip Code I .,,_ C;:"'-:t ,.:...,:.....,.~...._..:,.,.-.;..-..-- .bl-, 731 . .., 3V: 6. Me. you ci x,-iscercO voti::t-?: '~. ',' .,' '/.E.S 7, Wha.t: Boai:d(~) aCc you m tl:Et:5tc:d in so;:["\( iQg? Phse lisl: inordcr of e..ccf~"", , L, ',~:8t>" Pof-lr-E.A-'hI(J"-rj~2:/-...3(?1A:-IZ..~ .' , . &. .. tisl: ~,airi3~~~~~~<:h YQU ~c~'-'1'J;ewiy $~ OJ: ba';'cJ.~;.n~ ~{iTcd: (P~cA:$e'JOdU<leda[~, ) '" '., ,..".. '..,"Pfb~-/lqC"~U J<JTY be .4Q :S74K'"T"'.'~~04J, ~C)CJ~ ":.>:':,;&;p@.t;J7~N ',of- Pflt.H ~~.4C4f-' ~V#TVr' . <8, eit;:. " 'fidl.i.oW~ri2lq.:Cl.llAdil:1Q,Q!:; " " ,',' ( ~ .::'.':".,'?A~'.'/~~iE~J411.:1L ,:Sc/ ~AJ0~ ' . ' , M:~ '., JEf~ J r,;,L,P:.r::J.c-1+tJl.4;) 'I . , w ' '10," 4s.t aii}',:ri:latt::d pro f~siQ'miJ. -::Ccti6c.ations andJicc:ns.csw-b..ich you'hQIrl:: " ",' :'.- .", .)1-7//J,f.:l.ff:?-L/ C';J:;.,vS,J::' /rJ~ ...:::JC,.liOL2LGLl11>;J/l1CeC!!.eE.k:-;-,1:z.} ... --.. ;, . ," ,'.. ..:;:..:.....~~ ". . ..... ".. .. -...'" ..;,;,...~....: ':: . :';-::_'''~' '-. ..:.".- ,"- ".: ". . '. '. .:.. . ...... ... ... :,.:.. .... " 'No~<.J.iu~E.uCa11~l~O :~etQairi on file. in -the Ci.ty o'ed.:~G Office fora.pc.ii9dof 1.' ~;es.rs~m rlie...,dAtt:~t~, , " ',:, "s:Ql>~~..l1:~f b<:-iheapIilicanr S i"es(>Qf1$iMlity to Wsutt :tb~t 4t tu:aen.t'llpPH~riOn' is~~Q~[.\<..(Ti~ . . ... . . ".1. ." '. . ..a._' .1."'.. VV .&.v. Vq ... L1.u... 'Vv~ oz.."... ....,'............. EDUCATION: RELEVANT EXPERIENCE; LANGUAGES: ) Anax E. Pompil~s 95 Citrus Park Lane Boynton B~dt, PI. 33436 Tel: (56}) 131-5329 (561) 434-8852 Palm Beach Atlantic College., West Palm Beach, FL.. Master's Degree in Scbool Counseling Grnduoted. June 2001. Lynn Univen:ity, Docs Raton, FL. Bachelor of Arts in Behavioral Sciences, Dec:embcr 1997. Honors: National Dean's List <95-'96. '96-'97 Lynn University Academic Honocs Alpha Sigma Lambda. 1996 Newbury, College, Boston, MA. Associate Degree in Computer Science., June 19805. Wentworth Institute of Technology, BostoD, Ma Certificare in Computer Numaical Control, 1983. '. School District of Palm Beach County) August 1996 to present, Homeless Education Coordinator. Identify and provide social services for parents and students. Demonstrate knowledge of community re:;ources. Successful e>..-periences in working in OIle-on-one Telationships. DemoDsrcate ability to evaluate social services needs of clients. Demonstrate ability to Telate to people from various ethnics. educational and -socioec;ouomic backgrounds. Delray Full Service Center, Delray Beach, AugUst 2001 to present, ESOL Teacher Pioe Grove Elementary School, Dekay Beach, September 1992-1996 Haitian CommUDity Language Fadlitato!' Working with troubled youngsters daily in developing interpcrsooal relationships. teaching conflict resolution and self~S[eem Provide outreach and in-service workshops. Assist ESOL teacha-s with math and reading curriculum,. and testing fO{" placement. 'Iranslate for nOlI English Speakers and repcesent them In SAC meetings.. English. Kreyol and Freudl. .L...~ ..L-Jr V<t.l ..Lv.. V (II .I.'n.a VV.L ",*~.J-t ""o~ l' 1U:. y r.l'.1 .1 VI' \. r.l'.1 r.... Igj UU;) MY CURRENT RESPONSmll..ITIES ARE: 1. Coordinate PTOjects for homeless children. 2. Coordinate with others agencies, which provide support to eUgible famili~s- 3. DevelolP activities to promote parent involvement in education. 4. Assist families in their efforts to improve tbe condition and quality of family life. 5. Assist in making families aware of community services and resources, facilitate their af;cess to the services and follow up to make certain appropriate services are obtained. 6. Assist homeless families in arranging fOT provisions of health screening and diagnostic services to eligible children. 7.' Establish personal contact with homeless shelters in order to find housing fOT parent and their children. 8. Assist in maintaining an accurate and up-:to-date database for homeless children. 9. Attend homeleSs meetings; parent meetuigs and training sessions. 10. Maint~tin a social service directory. 11. Respond to needs assessment referrnls. 12. Assist homeless families with the enrollment of their children in schooL 13. Individual and group counseling for homeless children and family. 14. Modify and follow up behaviors for homeless children. 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"~ ' kil rr --------.,-~,--..--- ' , ' I' lld":;.~ -a- ~ . . - - ~l Q.,__....._~, -,_..t:~el. . --.."-----------.--.-...-----'--- , "," , .10, US{ 00)' lrJ~~I~,:~~~~~:iJ~~~~~,xU> ~~~ :::s~ V.-hidl t<>~ ht.[d, .._~_~___._..__...._._... . ,.,.1 , ,I ...._~_____.~._ ' " __~_.__.__.,' ",1. 11. G.i:~'e }'OUt p.cesd:11:, oi' m~...t :(Cf:et\t c.mployet. "1);.1 p{;l-SltiQ11; _ : ,:: : .: .': :,~. l . R. ...~"Hc~. ... . . ,fl~:Z~.fif!::l..'. ..... ...-f1Ie(;tiu/?;-:/'tl; .......0/ ...1 -.......-'0' ~.,!.'-.,.:--,...-:-...,,-..-'.~..il'J:k Mti~j.-.,lk- .,- e; ",.1~~Jt~rief,J04?J-c~ 12. Q>q'J,X C:ll;~(tetlCl,~5'\<; 1$ 1>1'110, ,'(~e .....,""'[l:qtiliill)' }'()\~ft) ~~';mtl:iJS'~.u:d~\>.....~,~, ,:dt' :' 're!lU!'Iic} ',' ,.. ,:- , , ' . .. .. .. , ' , S'" ' ", , .-'~-.--,.....,-,-...--_.--"----_..---' .. '. ..... . . . . .. <~~~~~:4'il!:~~~~ ~ . .. . . . .. . . .... .. ..." .. . .. ... . ............. . . .. ~.;,..;...:..;.:..,...:...;.;..~:-~~.:.~..-.~.~ . .. . .. . .. .... .. . .. . . . ,. . . . .. .. . ... ....... . .. . . ................. .... .~filt~~1m:~h~~~~~>a~~.........i ...N~~~~~:n~~~.~:::e.~f;:~~ . ... ... ...... ... ........ ..... ......' ..' Jfl1 5j/Cl ~,!=' L,",.-.f. :f':1-'f. Ft"" Ff<.':1M,: Lirl.i;c r'ri.:-.r TO: 2:-I:';-~77-4 I"AGE: ('('2 OF ('(If! Linda A. Prior 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 Teleconullunications & Data Quality and Process Management Skills: Organizational Management Attention to Detail Conullunication ., ) Background: Homeo\\11.er in Westchester County NY for 30 years -.' ~. Year Round resident of Del ray Racquet Club - 8 years Past President of Association Graduate of the Delray Residents Academy - 2004 Umass Alunmi VP Boca Raton Group Counseling - volunteer - 1998 - 2001 Leader in Delray Church Chair of Adult Educational Opportunities and Programs Chair of assimilating New 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 conununity interaction Maintain security within the cOllllllunity. ,) ) :) ~/ :{_ 5. L'"f,-.f :f: liE. FH FEOM: Lir.-:I:i I-ri.:--c TO: 2-1 ~- ~77..:J I"~'::;E: (Il~f:< OF (":d \ I see myself as: A volunteer willing to serve the Delray conullunity. I see myself as: A representative member of the cOllullunity \villing to donate my time to the functioning of the community. I see m,yself as: An organized person who 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 concerns and to satisfY everyone at the same time. I see myself as: An individual responsible member of the community, just like you all are, who is willing to put myetlort into maintaining the City of Delray as a place where I want to live. I see myself as: An individual who accepts responsibility and is open to the pleasure, of seeking new opportunities and encountering the unexpected, Although I am particularly interested in the Neighborhood Advisory Council, I have stepped into positions \vhere there has been a need, and I have tound the challenge fultilling. I.It::L1\11l.l DCI'\.'-:'..n . .. 0 c. . . A. fI/'YtJ7 ***** All-AmericaCity 'IIIJ! , 1993 2001 Please type or pont the 0 oW11U! 10 01l:rul.t10n: 1. Last Name: Ifosen NameA/e d MA~ 2. Home Address: City , State Zip Code .9'1'3 GfeF/1?!yprti'f;/N' , ;!l~/r d y .!eil~/ n J 3 Jlj'F 3. Legal Residence: City , State Zip Code ;?;JJJI'f' .4. Principal Business Address: A//t; City State ZiJ;> Code 5. Home Phone: ' 'Business Phone: E-Mail Address: Cell Phone: Fax: >'6 l~tJ9-/rtJ51e~/> ./!/A lJedc tJ~4@be/l.f,o./J r/'4p;- J,~J--1/) ~7 ~t) - 6. Axe you a registered voter? Ye} If so, where are you registered? h . A ~ ,,/ (i!.. jJ ;J,~ 0 7. What Boudes) are you interested in serving? Please list in order of preference: f/O/; ce Acll/;~pr7I3hyr j 8. List all City Boards on which you are currendy serving or have previously served: (please include' dates) .~~rtreJC'~tl.:?~ /l-o/&;(/tfp{ FL - Jr;'t//!5J,/'Le,,4Jy/yvryfitJ.;Jrdj fir iJ'Jotf6/?ru.5', ;/.J;lhY.~~ ~. / Educational qua4fications: . Yi ~71l)LIf> / ' f',Pd.5-e, '-..F CJ -e . 10. List any related professional certifications and licenses which you hold: tlC';J.$'t'" 5ee ;;JjNch. / 11. Give yow; present, or most recent employer, and positio~ ., t. e -fJ'-e> j . 12. Describe experiences, skills or knoWledge whiCh qualify you to serve on this board: (please attach a brief resume) J7Je;J.s ~ ..5e e a7/ilele ) I hereby certify that all the above statements are true, and I agree ahd understmd that any misstatement of matettal facts a)n~ ~tion may cau,c fod'citutt upon my p~ of auy .ppoin<m=t I may receive. ',~ . ' , 6z1:.t;AtJcJF SIGNATIJRE DATE lte: This a lication will remain on file in the' Ci Cle.rk:'s ce en 2 ears om the date it was f, n CITY OF DELRAY BEACH Gt:.\\I€.O BOARD MEMBER APPLICATlsi c 1\\\\~ OC\ - u C\1'( C\..f;.'r<'f- . 6 pp ty Offi for a p ad of y fr submitted. It Will,be the applicant's responsibility to ensure that a CUttent application is on file. S\CITY<1..I!RK\BOA1U>\Af'l'UCAllON Dr. Ned Rosen Cell Phone: 305-962-9780 Temporary Home Phone: 561-638-1405 e-mail: nedcoach@bellsouth.net Ned is a retired industriaVorganizational psychologist having both academic and independent consulting background. Working closely with senior executives and other managers, he has facilitated numerous business planning and team building meetings, and has coached a variety of internal task forces formed to resolve problems and implement major organizational change. Based on his extensive experience and in- depth knowledge of organizational and group behavior, he has designed a variety of workshops for managers at all organiza- tion levels. He has been a facilitator-coach, instructor, or evaluator more than four- hundred times in varied management development'programs both in the USA and elsewhere. ) Much of his work has been conducted in international organizations having racially diverse, multi-cultural staff. He makes systematic use of a wide range of infor- mation gathering methods, is an expert in survey research methods, and is an avid user of electronic technology. He is highly knowledgeable about the principles and techniques used in performance planning and appraisal, and evaluation research. Ned's dlent base included the Dun & Bradstreet Corporation, Xerox, IBM, GTE, General Electric, Coopers & Lybrand (UK), The Digital Equipment Corporation, The International Monetary Fund, Citicorp, lederte Laboratories, The New York Hospital, State Street Bank of Boston, The Sloan-Kettering Memorial Hospital, The United States Army, Nestles, The World Bank, The Inter-American Development Bank. The Canadian Public Service Com- mission, Resorts International (Bahamas), and others. Prior to 1982 Ned was a tenured full professor and department chairman in Cornell University's School of Industrial and Labor Relations. During his 21-year career there he had a reputation for skillful inte- gration of quantitative academic research and theory with practical issues in the world of work. His interest in application and implementation strongly influenced his decision to leave Cornell in 1982 to pursue a second career as a full-time private practitioner. The Psychology of Industrial Conflict was a course he designed and taught many times at Cornell. It dealt with the dynamics of perception, stress, group norms, inter-group relations, prejudice, and aggression both in the work place and the larger society. Ned's formal education includes a SA degree in economics and business admini- stration (Antioch College), a Masters degree in labor and industrial relations (University of Illinois), and a Ph.D. in industrial psychology (Purdue University). He has authored three books and numerous empirical research ,articles published in refereed professional journals. Ned is an elected , Fellow of the American Psychological , Association, a professional distinction enjoyed only by a small percent-age of ac- tive organizational psychologists. Ned has resided in various South Florida communities since 1982, including about three years in Delray Beach where he now resides. He served on the City of Hollywood's Civilian Advisory Council on Civil Service, and was a pro-bono consultant to Broward County's Service Agency for Senior Citizens. Currently he is a mentor in the Take Stock in Children program for "at risk" high school students. J.~I. J...,)I' ~.... J..... ...~ l'lU'" I nwuu!J rnuil'l .;:lnur .., ....OJ. <:::.....,) r <:::<:::J. 1'IU. .:;><:::... r~~<::: Note: ) ;) , RECEIVED DEe 1 4 2005 CITYOFDELRAYBEACH C,"','!':'",'\,'" ',F~HK ) i I:i J~~~"'='~ eoARB MEMBER APPLicATION /~j;1/r; 2. Ho Y6 Yalh Business Address: <fI!1 Sf. City l:x:/ ray !3eaf~ M.l. Stlte ~Code ,:L 3 $I , Sta.te Zip Code State Zip Code " "i' FL 33~1/t.j 3. hone: 5. Business PhOne: E-Mail Address: Celt~hone:" 5(,1) :1.~;' $9 ro mOYftt!or/5/lchs@y. n1 a registered voter? yes: If so. where are you~ered? Pain? &aeh a.cd(s) are you U:ueresfed in ~ Please list in or:der of ps:eference: 6. 8. 'ce clvisory /3a:zr BoWs on which you an; correndy serviog ox bfte previously served: '~lease include dates) <::\ illS. lication will re:r:n2in ot1 file in the City Cedes Office for a. peri<>4. of 2 yeatS"fi:om the date it was . ned. h will be the appIicanf s responsibility to ensuxe that a Q.1ued.t application is on file. ./{nAif : . ~ /J7' 51 ~d- . I , i i i I I I ! i I i ! i ! I l' I ! i , I 1993 2001 1~/~"J CITY OF DELRAY BEAC~ECE'VED BOARD MEMBER APPLICAntiN 4 2005 CITY CLERK Please or rint the folio jnformation: 1. Last Name: S#~IY 4!1 2. HOl}lF Ad~ss: /11 '1-1 L ~ N 6- : ~ tJ /CI1J ~ 5.,3 3. Legal Residence: o cfo.6~ ~~ ~. 4. Principal Business Address: -#- 3 4,6" Y-IL ~i I. /I- C Sttte Zip Code 1ker Bd- ri- ~~ ~ ~ State Zip Code k r PL ~ y.<fJ- City State Zip Code 5. Home Phone: lA.Au ~ 6. Business Phone: E-Mail Add..-ess: ~ ~ hade i\re you a registet."ed voter? 7. 8. List all Ciq Boards on which you are cw:rentJy serving or have previously served: (please include dates) ~ 10. List any related professional c~fi . G9'J 13~ : hereby certify at all the above statements are true, and I agree and understand that any misstltement of material facts :00.. in., licarion _ = lixfciture upontny part of any 3pp<>O>lmen' h reccive. , ' /0 J2--llJ5 :u~NAn;RE DATE \lote: nltS 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 InYc:J.l!R1i: AOAllD APPl.lr.ATlON .. ) ") Kathleen B. Shackman P. O. Box 7253 Delray Beac~ FL 33482 561.504.1807 Brief Resume Licenses: 1993 State of Florida Real Estate License 2005 State of Florida Mortgage Broker License Delray Beach Resident since 12/1989 Homeowner Current Employnient: Self-employed, Senior Loan Consultant, Sterling Equity & Asset, 98 N. E. Fifth Ave., Delray Beach, Florida Prior Florida EJq>erience: Licensed Realtor, REIMAX Innovations, Boynton Beach, Florida 10 years Law Office Administrator, Lewis Kapner, P.A., 250 W. Australian Ave., West Palm Beach, Florida - 5 years U. S. Government Employnient: Central Intelligence Agency, McLean, Virginia - Office of the General Counsel Education: Gold Coast School- Mortgage Broker - 2005 Jerry Grant School of Real Estate - 1993 University of London Law School, One Year - 1998 Courses at the University of Southern California in Law Office Administration Katharine Gibbs School, Providence, R.I. . Kathleen Shackman P. O. Box 7253 Delray Beach, FL 33482 561.504.1807 shackmanm@bellsouth.net I ~.; ,~ f..-I n r'rl ri? "-'-.. ,.! ,:1 . ,: ? : I' ic ! _ \ f , :=..: ,~. On _.. ..,.,. ,,_Cl...... ~ ;~ : ; . ,,' , I: J, , f"" .' ' " . . . H I f' OCT f 4 2005 Ii iJ )1 u " ,1...; I (\ ~ ~,.(~-..:-'., i; ;,,; ':' r; ~,;,; ; ~~....~:~ ~ i \.t\.;'~Vspj;~~) ~!,' j1~t ! ',' ,.,. .,". ''''''''''''''~~.=''"'~'''''''''-''''~-''''''~'''!."""'!:::...,,.,:~o~;.:....__J '" October 13, 2005 City of Delray Beach City Commission 100 N. W. First Ave. Delray Beach, FL' 33444 To Whom It May Concern: Thank you for accepting my Application to serve on the DeIray Beach Police Advisory Board. I am a long-time resident of the City, and I would be proud to serve in support of the , City's needs for volunte~r business people. ", ) i I don't think: Alberta McCarthy would mind me mentioning her name. Alberta and I go back a long way in the real estate business, and I consider her to be a friend. It would be an honor to support her on this new Advisory Board. Should you have any questions, please do not hesitate to contact me on my cell phone noted above. I anxiously look forward to receiving your positive response. &t .. ) ORRAY BEACH "0.'04 - , ~ II J! 1993 2001 CITY OF DELRAY BEACH r,J/!( f7 BOARD MEMBER APPLICAT~EIVED DEe 1 It 2005 infoanation: ~ State State Zip Code 1. 2 3. City 5. Home Phone: Business P one: E-Mail Address: Cell Phone: Fax: 5l/- oJ;b ~0 t/ f!.Fl!et/;;l ell 6. Are you a registered voter? yo If so, where are you registeredj? cU,...<J 7. Wha (s) are you interested in . . ? Please list in order of preference: ~ ere t: I//J'P/C;. 4. 8. List C' Bo which you are currendy serving or have previously served: (please include dates) C> ) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: " ote: 'This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted It will be the applicant's responsibility tq ensure that a current application is on file. S\CfI'YCt..IlIUIBOARDIAPPLlCA l10N OELRAY BEACH ~ All-AalericaCily , , II I! 1993 2001 information: CITY OF DELRAY BEAMCEIVED BOARD MEMBER APPLICA(J"<JP~ 2005 CITY c ER . ID I ff} M.l. J). Zip Code 3"34~ Zip Code Nam~a rc I Ci!)' Dc,lra City Bea ch State ) Please 1. LastN~tJI N lYe N 2. Home Address: () I I 2000 S. Occa.tJ 01 \Ja, "/. 2.. 3. Legal Residence: f _ SC1..V1l\R- a s o..~ 4. Principal Business Address: n/,^ City State Zip Code Business Phone: 'Y1/'^ '/ ~.s E-Mail Address: Cell Phone: b \ rd """otl~ f,q ICo ~, -z. 'f ~~ . Co~ '2-0 If so, where are you registered? Fax: 5. Home Phone: 5G:.l. ?. (p ~ ' IS 6. Are you a registered voter? s- P B ec, . ') ==tL 7. What Board(s) are you inte.restedin serving? Please list in order of preference: Po l~cc.. ' Ad viso-r Be a Y"d 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) " \ ,I 9. EQUqltional QualificaJi,ops: Numerous classes in community-oriented justice, social work and ' cnmlnal justice aamlnistration; college coursework in criminal law at No. VA Community College; six-month course in facilitating communication.aUnstitute for AdvancemenLo1..Service. Alex., VA: B.A.~rsinus College, PA. F 10. LIst any re.lated professloOal ~ertl. cations and licenses which you hold: V\ ~ JustzQ ,'4..5 12. Describe experiences, skiflsor knowledge which qualify you to serve on this board: (please attach a brief resume) Substantial personaVprofessional experience with a tourist-laden, historic community that is diverse culturally and economically; with assisting individuals who are involved in the criminal justice system; and with coordinating the sometimes adversarial demands of public opinion and the courts. ____ (Gc'e. ~!?()~ ') .. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ~,in this Iica' n .. ycaus, e fmfciture "Pon my port of"'Y 2ppointment I may receive. , . - , /0- g- .- oS- . SIGNA DATE Note: 'Ibis application will remain on file in the City Oerk's Office for a period of 2 years from the date it was } submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'CITYC1.ERK\BOARDIAPPLICATION )..rfl j1/~ CAROL DITZLER SWINBURN ) 2000 S. Ocean Blvd., X2 Delray Beach, FL 33483 (561) 266-0756 1997 -2004(retirement) Coordinator, Alexandria Criminal Justice Services (ACJS), Office of Sheriff, Alexandria, Virginia In charge of City's local probation and pretrial services. Annually applied for and obtained State funding to support operation of ACJS. · Established the office and administered its annual half-million dollar budget. . Managed the office and its staff; maintained regular contact with local officials and politicians, from the City, State and U.S. Governments, as well as judges, court officials, prosecutors, defense attorneys, law enforcement officials, public and private mental health and social work professionals, non-profit organizations, advocacy groups and business people. 1997-2004 City Professional, Alexandria Community Criminal Justice Board, Alexandria, Virginia Managed the activities of the Community Criminal Justice Board, a statutorily-mandated Board whose members are the leaders of the criminal justice community, including the elected prosecutor and sheriff, judges, magistrates, the chief of police, the chief public defender, chiefs ofboth state probation offices, as well as representatives of City Council, local education, non-profits, the business community, and citizen members. ) 1995-1997 Acting Director/Counselor, Women's Empowerment Program (WEP) at Alexandria Detention Center. Employed by Bureau of Rehabilitation, Inc., Forestville, Maryland Hired as the Counselor and took over as Acting Director of the program in its critical initial months. Thereafter, provided counseling, community referral services and clinical services on a community outreach basis to WEP graduates after their release from jail. · Took the lead in successfully obtaining annual City funding for the program, and in creating supportive community fundraising events. . Conducted classes for women still in the jail on gender issues, nutrition, journal-keeping, and other lifeskills-related topics. . Participated in establishing and maintaining the community-based WEP Advisory Board. 1995-1997 Member, Economic Opportunities Commission, City of Alexandria, Virginia United Way representative. 1995-1996 Shelter Staff Volunteer, Alexandria Domestic Violence Program, Alexandria, Virginia Worked with battered women and their families as a trained volunteer. 1994-1995 Shelter Staff Volunteerj The Campagna Center's This Way House (teen runaway shelter), Alexandria, Virginia Worked with teen reSidents and the shelter hotline as a trained volunteer. Co-facilitated weekly support group for parents of residents. J 1994-1995 Campaign Executive, Alexandria United Way Alexandria, Virginia Provided management, organizational and technical assistance to firms and organizations conducting United Way campaigns. 1990-1995 Founder and Director, The Healthy Gourmet, West Chester, Pennsylvania Established and managed small business, networking with career chefs, health care professionals, attorneys and a public relations firm. Taught, demonstrated and lectured on healthy cooking, including information on food, nutrition and lifestyle modification. · Trained and motivated class groups of diverse ages and lifestyles. · Created, wrote, published, publicized, marlret.ed and distributed a cookbook, Recipes from The Healthy Gourmet Cooking Classes, based on 2Yz years of cooking classes and demonstrations. 1990-1992 Public Education Committee Member, American Cancer Society, Exton, Pennsylvania Advised and supported the American Cancer Society chapter in its mission of educating the public about cancer. Gave speeches to community groups, manned health fair booths, and attended monthly meetings 1974-1991 Homemaker and Mother, Alexandria, VA and Chadds Ford, PA Raised two daughters and ran family household, while participating in school and community activities, such as Parent Teacher organization boards, Annual Fair and Art Sale (chaired Chadds Ford's event three years), Junior Friends of the Alexandria Community Y, Friends of Alexandria Hospital, Girl Scouts, and various political events and campaigns. ,) / 1967-1974 Early career: U.S. House of Representatives, U.S. Environmental Protection Agency, U.S. Railway Association, Washington, D.C. Served as Chief of Staff (then called "Administrative Assistant") to two members of Congress; researcher in EPA's futures research center; and office manager, Public and Governmental Affairs Office, U.S. Railway Association. 1997 Woman ofthe Year, Alexandria (VA) Commission on Women Honored for my work with Women's Empowerment Program. 2005 Included in Who's Who of American Women >' U~/Zl/ZUU~ 'fur; Ib:Jb I'M ~UUUUUZ 5E:P. 9.~as 8:32AM CITY OF DELRAY BEAO-I NO. 944 P.1/1'- E~, r,rnn::n . ',..... r::.. & \;i il.- "-" II'V 1"',1 -r:RK ail ''-' i....~ ';\~""" #/I 'I/O? P~XJl~p:! ~ ;fifr 1993 2Q01 CI'TY OF DELRAY BEACH, BOARD MEMBER APPLICATIO 2. infot:lXUltioa.: 5.' Home J?hot1(:: Business Phone: ~l- :J.7g- (,737 5f,1-4/~- 'II;' 6. Are y~ a regi.st=Cd varer? E-MBll Address: 1WEY.:JWE1S5 ~ If so, where are you rcgistctcd? ~ MoL 1. # 3. - 4. P:s:incipti Business Address: City Zip Code - - -- 7. Whllt. BQ~d(s) are you SntctC8tcd in 5~ PJease list in onier of prefl?:ence: 8. !Js1: all Oty Boucls o.a. wbic:h YOIX are CU1'reqdy serving O! Mve previously served: (p.le;l.se lncltide ~) ) 9. Eclu~dcmal qwatific:pions: . c:ations and licenses wbicQ. you hold: - 11. , Give your presc:n1:, ot' mQst :eccnt employer, lit1d posiooIl: , J Note: This application will rem~;~ 00 file in t'he'City Clerk's Office [or:ll. period of2 ye~ s\1bmittcd. I; will pe the npplica.nt's rcsponsihiliry to ensure that a c:utteo.t llppllcatiO'p. . ~~1 the date it \V\lS on. file. a.~o.u%2W'1'1.1eAl1CtI' :. ~ . 'l .i. ABBEY J. WEISS 809 NE 1st Street #7E Oelray Beach, FL 33483 561-278-6737 abbeyjweiss@hotmail.com ADVISORY BOARD QUALIFICATIONS Jarden Consumer Solutions Community Fund Member March 2005 to present . Secured unrestricted grants for the following non.profit organizations: o Milagro Center: $10,000 (2005), $30,000 (2006) o SO Spady MuseumlEPOCH: $5,000 (2006) o March of Dimes: $10,000 (2006) o The Barr Foundation: $5,000 (2006) o Delray Beach Summer Camp Program: $5,000 (2006) o Palm Beach County Literacy Coation: $5,000 (2006) . Organized donation of 1,000 coffeemakers with retail value of $70,000 to Palm Beach County school district, for use in teachers lounges; donation of assorted items with retail value of $20,000 to Milagro Center, SO Spady Museum/EPOCH, Community Child Care, Caridad Center, Peggy Adams Animal Rescue league, Habitat for Humanity, VA Medical Center (Miami) . Coordinated uKatrina Pet Aid" hurricane relief fund drive and adoptathon with Peggy Adams Animal Rescue leaguelHumane Society of the Palm Beaches; total cash donation of $6,740 and twelve animals adopted . Managed year end food drive for Cooperative Feeding of Broward County, donating over 3,000 pounds of food ' . Developed "Volunteer Reading Day" program at Milagro Center, securing 30 volunteer readers to mentor children . Coordinated clothing drive to support Dress for Success of Palm Beach County, donating in excess of 150 women's suits, assorted shoes, handbags and accessories Park View Manor H~meowners Association Board of Directors June 2004 to present . Manage Board of Directors responsibilities for sixteen unit condominium complex, including all communications, bank deposits, new owner interviews and approvals, accounting duties, budget planning and contract negotiations . Obtained quotes, detennined assessment schedule, secured contractors for $35,000 of Improvements of Park View Manor property . LIaison between Park VeN Manor homeowners and Porten Homes Project Manager on neighboring construction Delray Beach Residents Academy August 2005 SO SpadylEPOCH, Five Year Anniversary Event Committee . July to October 2005 Boca Raton Chamber of Commerce, Successful Women In Business Sponsor/Member January 2005 ' " Resident of downtown Delray Beach ,1997 to present Resident of Palm Trail neighborhood 1998 to present DB.RAY BEACH ~ .~1l1 aCly 'IIII! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION /1/7/tJ7 RECEIVED OCT 1 7 2005 c r',"'. ,,:~,-~:., j.. Please or rint the folio 1. Last Name: L.J I,J ~ \ 2. Home Address: 'Sl~ tJ. 5l.....J~ A 3. Legal Residence: ~/YlE- 4. Principal Business Address: information: Name~ t') City ~~~ City ML 5 State Zip Code 'FL State Zip Code State Zip Code ..)..15 tv. '=-. M- ~ -:r:. LVo -Jt:. 5. Home Phone: Business Phone: ~/-;>-~ (.,.- (50 I 5bl--l.fl7: 6. AIe ;bou a r~tered voter? ~~ I~ GB. 7. What Board(s) are you interested in serving? Please list in order of preferen~ , Y&..c c..&- .t:Q..ItS~ ~ C &-.J ~ ~LJSTrD~ 8. list all City Boar:ds on which you are currendy serving or have previously served: (please include dates) /'-I. ;,0. City 7:x:JCA 7Pro-f R.- ~3;J.- Fax: Cell Phone: 3c.e1-.l"~1~ ~O If so, where are you registered? ,')' 9. Educational qualifications: . ~~~S ~~ lJGA 10. list any related professional certifications and licenses which you hold: 11. Give your prese~t, or most recent employer, and position: ' CvoI\.{F I IV . - '7 _ I c...t 0 12. Descn"be experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) \....74'\.. .a\.. 9= ~rl"'J~ -L- V>Iw~a-..J"bL ~lC1?; 'F=/Q.Y"lS wf7th 7>~~ Etc:>c... "7~/YlS. - LAvF.J) tAl ~ ~ l..:a:, ~ d- ~ ~IGA J-~YdlL AD-rJJ~ fi::XPv:ED ~ ~Iv~ {''\It:rr~W Il.n,,? , I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~ (,o/Nld<; SlGN~ -:- 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\CITYCLERJOBOARrMl'PUCATlON .) /-n~ q;~ J..vl ;:;-/ ~ MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER t1t1 AGENDA ITEM C\ ~ - REGULAR MEETING OF JUNE 6.2006 CONTRACT AWARD/CHAZ EOUIPMENT COMPANY, INC. TO: SUBJECT: DATE: JUNE 2, 2006 This is before the Commission to consider approval of a contract award to second lowest bidder, Chaz Equipment Company, Inc., in the amount of $986,318.70 for construction of SE/NE 1st Street One-Way Pair Conversion. The original contractor's limited resources and manpower led to a mutually agreed to decision to rescind the contract between the City of Delray Beach and MEF Construction, Inc. The liquidated balance of PO #630777 will provide primary funding for this contract. The Community Redevelopment Agency (CRA) will contribute an additional $131,711.60 to the project for a total contribution of $648,563.70. The City will provide funding in the amount of $337,755.00. Funding will be available from 334-3162-541-65.88 (General Construction Fund/S.E./N.E. 1st Street One-Way Pair), 448-5461-538-65.88 (Stormwater Utility Fund/S.E./N.E. 1st Street One-Way Pair), and 442-5178-536-65.88 (Water/Sewer Renewal & Replacement Fund/S.E./N.E. 1st Street One-Way Pair). Recommend approval of contract award to Chaz Equipment Company, Inc. in the amount of $986,318.70 for construction ofSE/NE 1st Street One-Way Pair Conversion. S:\City Clerk\agendamemos\Second Lowest Bidder Chaz Equipment 060606 ~"(- 0 7/ . A" 0..........: .:t ~, <." ~..f~?-~ ~ City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M TO: David T. Harden FROM: BOB DIAZ, CONSTRUCTION MANAGER DATE: May 30 2006 SEINE 1st Street One-Way Pair Conversion Bid Award Commission Agenda Item Project # 2004-006 SUBJECT: The attached agenda item is for Commission authorization/approval for Mayor to execute a contract with Chaz Equipment Company, Inc. for construction of SEINE 1st Street One-Way Pair Conversion. Project limits are between SIN SWinton Avenue and northbound US 1 (SEINE 6th Ave). In addition to converting these one-way streets to two-way, the original project scope also includes the installation of drainage, 8-inch water main, pavement milling and resurfacing, concrete curb and gutter, concrete driveway aprons, concrete sidewalk, irrigation, landscaping and sodding. The water and sewer improvements have been completed at a value of $64,300.00. The CRA will contribute to this project. The cost of this bid award as discounted by the work currently completed is $986,318.70. This project does not include the cost to convert the existing FEC signals for two-way traffic. The original contractor's limited resources and manpower led to a mutually agreed decision to rescind the contract between the City of Delray Beach and MEF Construction, Inc. The liquidated balance of P.O. #630777 will provide primary funding for this contract. Funding will be split, with the City funding the amount of $337,755.00 and the CRA supplementing in the amount of $648,563.70 .CRA already compensated the City $ 516,852.10 on October ~ 2005 and will fund an additional $131,711.60. The CRA approved the additional funding increase at their May 11, 2006 Board meeting. Chaz Equipment Company is the second lowest & qualified bidder; however the bid estimate is significantly higher than MEF, thus the requirement fOF supplementary funding. A spreadsheet is attached for your review illustrating current funding requirements. Total funding between the CRA and City is as follows: City $337,755.00 and the CRA $648,563.70 which totals the contract amount of $986,318.70. Funding distribution will be as follows: Account #334-3162-541-65.88/ General Capital (C.R.A.), Account #448-5461-538-65.88/ Stonn Water Utility Fund (after budget transfer), and Account #442-5178-536-65.88/ Water & Sewer Fund. Please place this item on the 6 June 2006 Commission Agenda. Thanks! 00: Richard Hasko; Director of ESD Rafael Ballestero; Dep. Director of Construction, ESD City Clerk's Office Agenda Fife Q6I06I06 File 2004-006(A) C:\Documents and Settings\Youngv..OC8I Settings\Temporary Internet Res\OLK272\CHAZ-06.6.06 agenda memo. doc 8 o ~ (0 "0 $ c: 'C: Cl. C .2 l!! CI) > C o o ... nl U) Q.c;O >-~q nlca~ 3:'30 cU~~ CI- 0"0 ~ii'i ~ ... (/) ... l/) '\"" w z W (/) - (.) Q) 'e- 0.. 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'N' '" !J III Cl c:: :s (I) (/) "'0 c: '" III 'E (I) E ::l U o 9 o o ~ ~ t: @, ~-: r.n bJl'lt [;'t:: Od ~ ~ . gf (j) Q) a~~~ ~gg ~~~N~ g~B OE",-'C-==t;: . ,,(5 ,,,,,: <l: 'i:...l ~ go..., ~ ~ ,€ 2 ~ ~ ;: :t: ~;: ~ ~ ~ "0 0 ~..:l6~"" :::>:>.5"" ...... co (j) 0 ~ <t v <tlOlO Agenda Item NO.:9tl AGENDA REQUEST DATE: May 2, 2006 Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda When: June 6, 2006 Description of item (who, what, where, how much): The attached agenda item is for Commission authorization/approval for Mayor to execute contract with Chaz Equipment Company, Inc. for construction of SE/NE 1st Street One-Way Pair Conversion. Project limits are between SIN Swinton Avenue and northbound US 1 (SE/NE 6th Ave). Staff recommends award to Chaz Equipment Company, Inc. in the amount of $986,318.70 regarding city project number 2004-006. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to Chaz Equipment Company, Inc., for the above referenced project. Department Head Signature: (laLdft2 (,-$-0/:7 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 f~NO <.f^.I) V / rlOf! Funding alternativ~ (if applicable) Account No. & Description See above Account Balance See above c..~A ~ 33tJ-aljpt-541-~5.g~ Sf f,le 15 51!') f'S;l./C / 0 4 Lfl/2~511'b- S3~ - {, S,9i SE/tve p-l'Sj- '{Lf, q}/hO 0 ~ '-I'I~ 5'1/JI- 5'3S-~S.8'Y SE:/NG 15-15+ ~q.3, 32.-500 4:-Ufl- o3'1=?Jlb'l-511-JiK1 selNg 15-t. IJ/, 1/1. 6~ -ruf,.J ~ 'If V, 3/5'. ?O Approved/Disapproved *,~M~~ Jt q ~b, 3 J 2>.'1 D City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: ~ TO: THRU: FROM: CITY>COMMISSIONi;iDOCUM DAVID( ~E ,CI PAUL ~~L1NG, DIREC OF PLANNING AND ZONING JANET MEEKS, EDUCA N COORDINATOR SUBJECT: MEETING OF JUNE 6, 2006 CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LOR) SECTION 2.4.6 [PROCEDURES FOR OBTAINING PERMITS AND APPROVALS] TO PROVIDE THAT PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY ONLY BE ENTITLED TO ONE EXTENSION FOR A BUILDING PERMIT, AND AMENDING SECTION 4.4.3 [SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS] BY ENACTING SUBSECTIONS 4.4.3(1) TO PROVIDE FOR CONDITIONS AND RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING CONSTRUCTION IN A SINGLE FAMILY RESIDENTIAL DISTRICT AND SECTION 4.4.3(J) TO PROVIDE FOR REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED. BACKGROUND AND ANALYSIS The Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood Advisory Council indicating that with the building boom, the residents living on the barrier island have experienced various problems with developers working in neighborhoods. The complaints focused around noisy construction activities, deliveries made on weekends; congested and impassible streets due to construction and employee vehicles; and unsightly conditions of construction sites. The BPQA asked if the Neighborhood Advisory Council would help address these issues to strike a better balance between the needs of the developers and the ability of residents to enjoy their homes. The Neighborhood Advisory Council agreed to look at the issue as if the building boom and construction activity was not limited to the barrier island residents, but for residential neighborhoods Citywide. After lengthy research and a series of workshops and meetings and input from a local developer, it was determined that the City was lenient with respect to building construction regulations in single family zoned districts. In fact no regulations govern building site conditions or the length of time it takes to construct a home. The Neighborhood Advisory Council with the help of the City Attorney's office drafted an amendment that would address these issues. These amendments apply only to construction activities which requires a permit from the City and which occurs in any of the six single family zoning districts. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration. Pursuant to Land Development Regulation Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendment is a City initiated text amendment to the Land Development Regulations and would be applicable citywide. The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. Additional background and a detailed analysis are provided in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing regarding this item at its meeting of May 15, 2006. Several members of the public spoke in favor of the amendment but felt the proposed penalty of 50% of the original building permit fee was not significant enough to make a difference if there was a failure to build the house within 18 months. They suggested that the penalty be doubled. After discussing the amendment, the Planning and Zoning Board unanimously voted 4-0 to recommend to the City \af\ City Commission Documentation LOR Amendment - Construction Regulations for Single Family Zone District Page 2 Commission approval of the proposed amendment to amend LOR Section 2.4.6(B)(4) [Conditions of the Permit] and add Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3 (I)] to provide for conditions and restrictions for structures that are under going construction in a Single Family Residential districts with a recommendation that the proposed penalty fee be increased to 100% of the original fee based upon positive findings with respect to LOR Section 2.4.5(M). The proposed amendment (attached) was changed accordingly and is now before the Commission for approval. By motion, approve on first reading of the Ordinance amending LOR Section 2.4.6(B)(4) [Conditions of the Permit]; and adding Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3(1)], to provide one extension for a building permit and regulating construction site and conditions/restrictions in the Single Family Residential zoning districts, 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 LOR Section 2.4.5(M)(5). Attachment: Planning and Zoning Memorandum Staff Report of May 15, 2006 Proposed Ordinance No. 14-06 ORDINANCE NO. 30-06 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 DELRA Y BEACH, AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", SUBSECTION 2.4.6(B)(4), "CONDITIONS OF THE PERMIT", TO PROVIDE THAT PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY ONLY BE ENTITLED TO ONE EXTENSION FOR A BUILDING PERMIT; AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", BY ENACTING SUBSECTIONS 4.4.3(1), "CONSTRUCTION SITE CONDITIONS/RESTRICTIONS", AND SUBSECTION 4.4.3(J), "VIOLATIONS OF 4.4.3(1)", TO PROVIDE FOR CONDITIONS AND RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING CONSTRUCTION IN A SINGLE FAMILY RESIDENTIAL DISTRICT AND TO PROVIDE FOR REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 2.4.6, "Procedures for Obtaining Permits and Approvals", is amended by amending Subsection 2.4.6(B)(4), "Conditions of the Permit", to read as follows: (4) Conditions of the Permit: (a) The Building Official shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of this code, nor shall such issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans or in construction, or violations of this code. Any permit issued shall become invalid (1) unless the work authorized shall have been commenced within six months after its issuance, or (2) if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. (b) One or more extensions of time, for periods not exceeding 90 days each, may be allowed in writing by the Chief Building Official, pursuant to LDR Section 2.4.4(F). However, only one extension shall be allowed for any permits issued for construction occurrinq in a sinqle family district as set forth in Subsection 4.4.3(A). All construction shall be completed within 18 months of issuance of the buildinq permit; unless evidence is presented that a shortaqe of materials or an Act of God has caused the delay in which case the owner/contractor may request an extension of time, from the Chief Buildinq Official, not to exceed 6 months. In addition to the other penalties herein provided, failure to complete construction within the time allotted or any extension thereof shall result in a penalty equivalent to fifty percent of the oriqinal buildinq permit fee, which shall be paid prior to the qrantinq of a Certificate of Occupancy. Section 2. That Section 4.4.3, "Single Family Residential (R-1) Districts", is amended by enacting Subsection 4.4.3(1), "Construction Site Conditions/Restrictions" to read as follows: (I) Construction Site Conditions/Restrictions: Any construction activity. other than construction activity performed by the City or its aqents and/or contractors, which requires a permit from the City and which occurs in any of the 6 sinqle family zoninq districts listed under Subsection 4.4.3(A) shall adhere to all rules, requlations, laws. policies of the City and in addition shall adhere to the provisions set forth herein. (1) Work Hours and the time that supplies/materials may be delivered shall be Monday throuqh Friday from 7:00 am to 6:00 pm, and Saturday from 8:00 am to 4:00 pm. (2) Work is prohibited on Sundays and the followinq holidays: New Year's Day, Memorial Day, July 4th. Labor Day, Thanksqivinq Day and Christmas Day. (3) A temporary trailer, buildinq or storaqe shed (no pods) shall be allowed on site from the time a permit is issued and until the certificate of occupancy is qranted. No more than one of these structures/sheds shall be allowed on the site at the same time. (4) After submission of a construction permit application. if requested by the City. a silt fence shall be installed around the entire perimeter of the property and maintained in a secure operational manner, however part of the silt fence may be removed for site access. (5) In the event of tropical storm or hurricane warninqs the Applicant/Owner shall empty all dumpsters, remove and/or secure all loose construction debris/materials and port-o-Iets, and all roof tiles must be strapped or removed. 2 (6) Dumpsters shall be provided if the construction debris, and other debris on site, is of such maqnitude that the debris cannot be maintained in a safe or orderly manner on site. Dumpsters containinq construction debris shall be promptly emptied when full. When full and waitinq removal, the Applicant/Owner must cover the dumpster in an appropriate manner to prevent trash from blowinq into neiqhborinq property. Construction materials that are to be used on the iob site must be stored in an orderly and neat manner or removed. (7) To the extent feasible, provisions for storm water must be made durinq construction to ensure that no water flows onto neiqhborinq properties. (8) Portable toilets are to be placed in as unobtrusive a location as possible, so as not to affect neiqhborinq property, and must be maintained in a neat, clean and sanitary condition. (9) All construction activity must be confined to the property under construction. (10) Construction parkinq should be on the iob site when possible. In addition. parkinq is limited to the same side of the street as the site and confined to the property boundaries when possible. No parkinq is permitted within 25' of any intersection. The street must remain open for vehicular travel at all times. (11) All deliveries to the site must be placed on the construction site only. Third party deliveries (deliveries by anyone other than the property owner) are prohibited on Sundays and the followinq holidays: New Year's Day. Memorial Day, July 4th. Labor Day, Thanksqivinq Day and Christmas Day. (12) Streets adioininq the proiect must be cleaned of construction debris and other trash and debris and dirt on a daily basis. The Applicant/Owner is responsible for protectinq and c1eaninq City drainaqe systems of construction dirt and debris, upon request from the City. Section 3. That Section 4.4.3, "Single Family Residential (R-1) Districts". is amended by enacting Subsection 4.4.3(J), "Violations of 4.4.3(1)" to read as follows: (J) Violations of 4.4.3(1): The City shall have any and all leqal remedies available to it to enforce Section 4.4.3(1), includinq but not limited to, iniunctive relief, issuance of a Notice to Appear. issuance of a Code Enforcement Citation. issuance of a Stop Work Order and any other penalty herein provided in the Code of Ordinances and the Land Development Requlations and as set forth in Section 10.99 of the Code of Ordinances. 3 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 MAYOR First Reading Second Reading 4 MEETING DATE: MAY 15, 2006 AGENDA NO.: IV.D. AGENDA ITEM: CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LOR) SECTION 2.4.6 [PROCEDURES FOR OBTAINING PERMITS AND APPROVALS] TO PROVIDE THAT PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY ONLY BE ENTITLED TO ONE EXTENSION FOR A BUILDING PERMIT, AND AMENDING SECTION 4.4.3 [SINGLE FAMILY RESIDENTIAL (R- 1) DISTRICTS] BY ENACTING SUBSECTIONS 4.4.3(1) TO PROVIDE FOR CONDITIONS AND RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING CONSTRUCTION IN A SINGLE FAMILY RESIDENTIAL DISTRICT AND SECTION 4.4.3(J) TO PROVIDE FOR REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED. The item before the Board is that of making a recommendation to the City Commission regarding a City initiated text amendment to LOR Section 2.4.6 [Procedures for obtaining Permits and Approvals], and Subsection 2.4.6(B)(4) [Conditions of the Permit] to provide that property in single family residential districts may only be entitled to one extension for a building permit and amending LOR Section 4.4.3 Single Family Residential (R-1) districts by enacting Subsections 4.4.3(1) [Construction Site Conditions/Restrictions] and Subsection 4.4.3(J) Violations of 4.4.3(1) to provide for conditions and restrictions for structures that are under going construction in a single family residential district and to provide for remedies if those restrictions are violated. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood Advisory Council indicating that with the building boom, the residents living on the barrier island have experienced various problems with developers working in neighborhoods. The complaints focused around noisy construction activities commencing early in the morning and extending well past dinner time; deliveries made on weekends as well as weekdays; construction vehicles and workers vehicles parked on residential streets resulting in congestion and impassible streets; creating private property damage and theft; construction trash; and unsightly conditions of construction sites. The BPOA asked if the Neighborhood Advisory Council would be willing to help address these issues to strike a better balance between the needs of the developers and the ability of residents to enjoy their homes. The Neighborhood Advisory Council agreed to look at the issue as the building boom and construction activity is not just limited to the barrier island residents, but affects residential neighborhoods Citywide. After lengthy research and a series of workshops and meetings and Planning and Zoning Board Staff Report, May 15, 2006 LOR Text Amendment - Construction Site Conditions/Restrictions input from a local developer, it was determined that the City was lenient with respect to building construction regulations in single family zoned districts. In fact, the Code of Ordinances states that construction, drilling or demolition work is allowed to occur 24 hours a day seven days a week with decibel limits for weekends and nights. Regulating construction activity with only decibel limits is hard to enforce. In addition, there are no regulations in place that govern building site conditions in single family construction sites or the length of time it takes to construct a home. The Neighborhood Advisory Council took into consideration all of the information that they gathered over the past months and with the help of the City Attorney's office drafted a proposed Ordinance that would amend Section 4.4.3 "Single Family Residential Districts" by adding a section entitled "Construction Site Conditions/Restrictions" and by adding a section that would provide for remedies if those restrictions are violated. It should be noted that these amendments apply only to construction activities which requires a permit from the City and which occurs in any of the 6 single family zoning districts. The proposed LOR text amendment is pertinent only to the Single Family Residential (R-1) districts. Currently, single family construction permits are valid for 6 months with one or more extension of time, each extension not to exceed 90 days. A minimal fee of $50.00 is charged for re-activation of an expired permit. There is currently no time limit on how long you can take to construct a single family home. The text amendment would require all construction to be completed with 18 months of issuance of the building permit unless evidence is provided that there was a building material shortage or Act of God, then the Chief Building Official could grant an extension of time not to exceed 6 months. If the house is not completed in this time period, it may result in a penalty equivalent to 50% of the original building permit fee will be assessed. The text amendment would further amend Section 4.4.3 "Single Family Residential Districts" by adding a section entitled "Construction Site Conditions/Restrictions". Currently, there are no regulations that monitor the conditions of construction sites or hours of operation. The proposed Ordinance will limit hours of operation and prohibit work on Sundays and specific holidays as well as the limiting times of deliveries. It will regulate site conditions with respect to construction debris; making sure that storm water is confined to the construction site so as not to flow onto neighboring properties; restrict construction activity to be confined to the property under construction; and regulating construction parking to ensure that the street remains open for vehicular travel at all times. Most homes can be built within 18 months and with only one extension allowed, it would eliminate prolonged construction projects. In addition, the stiff penalty would help to re-enforce the importance of the time limitations. The proposed text amendment is similar to those found in other municipalities and will help to strike a better balance between the needs of the developers and the ability of residents to enjoy their homes. LOR Section 2.4.S(M)(S) (FindinQs): Pursuant to LOR Section 2.4.S{M)(S) (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. 2 Planning and Zoning Board Staff Report, May 15, 2006 LOR Text Amendment - Construction Site Conditions/Restrictions Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The proposed text amendment was reviewed by the NAC (Neighborhood Advisory Council) and the Council unanimously recommended approval of the amendments. The City Commission reviewed the Text amendment at its workshop meeting of February 14th and was in favor of the amendment with the addition of the building time frame which has been incorporated into the amendment. They also requested that Gold Coast Builders Association provide comments on the proposed Ordinance. While Gold Coast was e-mailed and faxed a copy of the Ordinance and was contacted by phone on numerous occasions to obtain comments, none were received. Special Courtesy Notices were transmitted to the Neighborhood Advisory Council, PROD and Presidents Council. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Given the building boom in the City of Delray Beach, residents have experienced various problems with developers working in neighborhoods. The major complaints focus around noise with construction activities commencing early in the morning and extending well past dinner time and on holidays. In addition there are no limits on times that construction deliveries can be made. Construction and employee vehicles also create congestion and impassible residential streets and construction sites sometimes become unsightly. Currently, there are little or no restrictions regarding construction activities in the Single family zone districts. If approved, the amendment will provide a better balance between the needs of the developers and the ability of residents to enjoy their homes and improve quality of life. Based on the information provided herein, a positive finding can be made with respect to LOR Section 2.4.5(M)(5). A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to amend LOR Section 2.4.6(B)(4) [Conditions of the Permit] to provide that property in Single Family Residential districts may only be entitled to one extension for a building permit; and the addition of Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3 (I)] to provide for conditions and restrictions for structures that are under going construction in a Single Family Residential districts and to provide for remedies if those restrictions are violated, 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 LOR Section 2.4.5(M)(5). 3 Planning and Zoning Board Staff Report, May 15, 2006 LOR Text Amendment - Construction Site Conditions/Restrictions C. Move a recommendation of denial to the City Commission of the request to amend LOR Section 2.4.6(B)(4) [Conditions of the Permit]; and adding Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3(1)], based on a failure to make positive findings as the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LOR Section 2.4.5(M)(5). Move a recommendation of approval to the City Commission for the text amendment to amend LOR Section 2.4.6(B)(4) [Conditions of the Permit]; and adding Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3(1)], to provide one extension for a building permit and regulating construction site and conditions/restrictions in the Single Family Residential zoning districts, 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 LOR Section 2.4.5(M)(5). Attachments: . Proposed Ordinance No. 30-06 . May 10, 2006 Letter from the Beach Property Owners' Association, Inc. 4 BEACH PROPERTY OWNERS' ASSOCIATION, INC. Dedicated to the Preservation and Enhancement of "Our Village by the Sean ~'>r4~-?- Mr. Paul Dorling, Director Planning and Zoning Department 100 N.W. 1st Avenue Delray Beach, FL 33444 May 10, 2006 Dear Mr. Dorling: We have reviewed and support approval of the proposed revisions to the Construction Ordinance which will be acted on by the Planning and Zoning Board at the May 15,2006 meeting. Although there are many important improvements in the proposal, we would like to highlight one element where consideration of some strengthening should be considered - and that relates to the actions available to the City in the event a builder exceeds the proposed time limit to complete a project (18 months). Driving through the barrier island residential neighborhoods, three houses under construction stand out as examples of lengthy house construction projects that have represented problems for the surrounding neighbors (photos attached): Date of First Permit Last Inspection Permit Expired Time Under Construction 1127 Miramar Aug. 2003 1016 Harbor Dr. Sept. 2002 1015 Azalea Dr. Mar. 2003 .Permit reactivated February 2006. Mar. 2004 Oct. 2003 Jun. 2004 Yes No* Yes 33 Months 44 Months 38 Months These houses have been under construction from 33 months to as long as 44 months and they were last inspected in 2003 and 2004. In the case of 1016 Harbor Drive, neighbors have communicated with the City Administration on numerous occasions in an effort to remedy construction problems but to no avail. This may result from the City not having the necessary tools to encourage builders to move projects to completion in a reasonable period of time. The proposed ordinance does set a time limit for completion of construction but we are concerned that the penalty for noncompliance (50% of the original permit fee) may not be sufficient enough to encourage timely completion. At this level, builders may simply view the penalty as a cost of doing business and would be willing to incur this cost if it is advantageous to them. If possible, we would like the Planning & Zoning Board to consider recommending a more significant penalty for noncompliance with this element of the proposed Construction Ordinance. CC; City Commissioners Thank: you for your consideration, -:3f)4;Vl-r~ Serving residents of the beachfront since 1967 //;27 /I1/~Am,~tZ ~relvc ;.jO/k-U/,()c.. jJE/ljZ1J( he'S; ..L :5$1./82 ~ Atl6c.P5r ;Lbo 3 LItS, lJui.L./)/lJj ;Z:,.J -SPeC'" oM: /1-1 II /2.e ff or. 0 o{-.. 1EE:/2/n J' E' X (/;PlE-O :. 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".' tt.:rl ;"IN:' ~p'J idC:"- ~..~ - ... -..' ,=:. - .. ...... -;2 II/JeMi: ~-t7rlj ~ -zc. 0 {,. ~~ FROM: DAVI~ T}ARD~C TY MANAGER PAUL(~NG, DI C 'OR OF PLANNING & ZONING MEETING OF JUNE ,2006 - REGULAR AGENDA CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS SECTION LDR SECTION 4.4.29, LDR SECTION 4.3.4{K) AND LDR SECTION 4.6.9{C){8){a) RELATED TO THE ESTABLISHMENT OF A NEW ZONING DISTRICT TO BE KNOWN AS MROC (MIXED RESIDENTIAL, OFFICE AND COMMERCIAL). TO: SUBJECT: The item before the City Commission is approval of City-initiated amendments to the Land Development Regulations establishing a new mixed use zoning district (LOR Section 4.4.29), establishing minimum development standards through modification of the Development Standards Matrix [LOR Section 4.3.4(K)] and LOR Section 4.6.9(C) (8) (a) which will allow the shared parking option for the new zoning district. The amendments create a new zoning district called MROC (Mixed Residential Office and Commercial) district which encourages mixed use, identifies permitted, conditional, accessory and supplementary uses allowed, establishes maximum thresholds for each type of use, establishes review and approval processes and specific development standards. The amendment includes modification of LOR Section 4.3.4.(K) to add the MROC district to the Development Standards Matrix and LOR Section 4.6.9.(C)(8)(a) to allow the newly created district to utilize the shared parking option. The primary function of the district is to attract Class A office development while allowing limited residential development including workforce housing. This district is to be applied to property which has a mixed use Future Land Use Map designation and is bounded by West Atlantic Avenue on the north, the C-15 canal to the south, 1-95 transportation corridor on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South and the Office Depot complexes, located just west of Congress Avenue. After adoption of the zoning district a Mixed Use Future Land Use Map category will be created and submitted as part of Comprehensive Plan 2006-1 scheduled to be completed by December 19, 2006. Concurrent with the creation of the Future Land Use Map category site specific Future Land Use Map changes and rezonings will be processed for properties in this corridor. The Planning and Zoning Board held a public hearing on this request on May 15, 2006. The Board recommended a minor change that would limit stand alone residential buildings to a maximum height of sixty feet. This change has been incorporated into the ordinance before the Commission. After presentation from Planning Staff, the Board voted 4 to 0 to recommend to the City Commission approval of the amendments to Land Development Regulations by adopting the findings of fact and law contained in the staff report and finding that the requests are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. \06 City Commission Meeting of June 6, 2006 Amendment to (LOR Section 4.4.29), (LOR Section 4.3.4(K) and [LOR Section 4.6.9(C)(8)(a)]. Approve the amendments to Land Development Regulations establishing a new mixed use zoning district (LOR Section 4.4.29), establishing minimum development standards through modification of the Development Standards Matrix (LOR Section 4.3.4(K)) and LOR Section 4.6.9(C)(8)(a) which will allow the shared parking option for the new zoning district by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: · Proposed Ordinance . Planning & Zoning Staff Report of May 15, 2006 2 ORDINANCE NO. 33-06 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 SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; ENACTING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT"; AND AMENDING SUBSECTION 4.6.9(C)(8)(a), "SHARED PARKING", TO ESTABLISH A NEW MIXED USE ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 15, 2006, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. 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C g- '0 .. ~ 'E ~ ~ ~ ~ '" .. .0 P .. j s ~ E .. .. .. 2 C ~ ~ '" C 0 C ~ .. ., I .. i ~ " ~ i :g J!l ~ ~ l'l .. .. 7ii ~ ~ .. '6 '6 '" 0 8 ~ I ~ ~ C 0 I .. 0 E '. ~ ~ C " ~ 0 C E 0 .. 0 C i 0 ~ ~ ~ 'C '0 ~ ~ 0; rr: C C i rr: w .. 0 !:j, '"' ... '" z ~ ORD. NO. Section 3. That Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 4.4.29 MIXED RESIDENTIAL. OFFICE AND COMMERCIAL (MROC) DISTRICT (A) Purpose and Intent: The MROC District reaulations provide for a mix of residential. office. and support commercial uses in a master-planned environment. which is controlled throuah a Master Development Plan. It is desired that the existence of the MROC Zonina District will encouraae the development of Class A office buildinas, supportina commercial uses and residential units in a master planned environment. which will provide housina (both market rate and workforce). and emplovment opportunities for the residents of the Greater Delrav Beach Community. The MROC District is applied to property which has a Mixed-Use Future Land Use Map desianation and is bounded bv West Atlantic Avenue on the north. the C-15 Canal to the south, the 1-95 transportation corridor on the east and aenerallv Conaress Avenue on the west toaether with the Conaress Park. Conaress Park South, and the Office Depot complexes. located iust west of Conaress Avenue. The district encouraaes stand alone Class A office buildinas and mixed-use development within the corridor with commercial or office uses on the around floor and office or residential uses above while utilizina new urban desian elements. (B) Principal Uses and Structures Permitted: The followina types of uses are allowed within the MROC district as permitted uses: (1) Office Center: The "Office Center" uses within an MROC development may comprise as much as one hundred percent (100%) of the total buildina sauare footaae within the development. These uses can include: . Business Offices, e.a., travel aaencies. bookkeepina aaencies, aeneral office location for an individual. partnership. or corporation . Educational Facilities. e.a.. vocational schools, commercial schools (sales. real estate. personal development. etc.) . Financial Institutions. e.a.. banks. savinas and loan establishments, brokeraae firms . Medical Offices. e.a.. physicians. dentists. chiropractors. podiatrists, optometrists. etc. 4 ORD. NO. . Professional Offices. e.Q., attorneys, enaineerina firms. architectural firms. real estate aaencies. consultation services. accountina firms, etc. . Governmental offices. e.a.. includina federal. state, county, and local offices. alona with their related fleet operations. (2) Research and Development: Research and Development (R&D) uses involve either some dearee of product creation. testina. evaluation. and development or the provision of testina and evaluation services for use by others. R&D uses may constitute 100% of the total buildina square footaae within the development. Examples of such uses or resultina products include: Product Creation. Testina. Evaluation. and Development: . computer hardware . computer software . pharmaceuticals Research and Development Services: . calibration laboratories or services . chemical laboratories . commercial testina laboratories . soil laboratories . scientific research laboratories The following uses are also considered as Research and Development uses for the purposes of being permitted within a MROC District: . broadcast studios and facilities . communications facilities and equipment . motion picture and theater production facilities includina the creation of props. scenery, costumes; filmina and rehearsals: attendant storaae: and screenina and editinQ. (3) General retail uses. not to exceed 20% of the total buildinQ square footaae of the development, includina, but not limited to: * Restaurants. antiques. arts and crafts, automotive parts. baked aoods, books. carpet and floor coverina, cheeses, beer, wine. liquor, 5 ORD. NO. confectioneries. cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics. fish. flowers and plants. fruits and veQetables, food, aarden supplies. aifts, glassware, hardware and paints, home furnishinas, ice cream. lawn care equipment, leather aoods, luaaaae. medical and suraical equipment. music and musical instruments. nautical supplies. office furniture equipment and supplies, pets and pet supplies, photoaraphic equipment and supplies. sewina supplies. sportina aoods. tOYs. wearina apparel and accessories, appliances. bicycles, business machines, iewelry. * Auctions, barber and beauty shops and salons, caterers. dry cleanina limited to on-site processina for customer pickup only, dry c1eanina and laundry pickup stations, laundromats limited to self-service facilities, pet aroomina. restaurants excludina drive-in and drive-throuah, outdoor cafes. tailorina. tobacconist. vocational schools limited to arts and crafts. business, beauty, dancina. drivina, aymnastics, photoaraphy, modelina. and karate-judo, small item repair. and rental of sportina aoods and equipment (such as but not limited to bicycles, skates, booaie boards). * Galleries, broadcast studios. butcher shops. cocktail lounaes. exercise facilities e.a. ayms and clubs. museums. libraries. newsstands, commercial or public parkina lots and parkina aaraaes. (4) Multi-family dwellina units. excludina duplexes, up to a maximum density of forty (40) units per acre. The density may be increased to fifty (50) units per acre within 2,500 SQ. ft. (measured by airline route) of the Tri-Rail Station, subiect to special reaulations identified in LOR Section 4.4.13(1) Performance Standards, and LOR Section 4.7 Workforce Housina. (5) Hotels. motels. and residential all suite lodaina (residential inns). (C) Accessory Uses and Structures Permitted: The followina uses are allowed when a part of. or accessory to, the principal use: (1) Parkina lots. (2) Refuse and service areas. 6 ORD. NO. (3) Ancillarv uses such as qalleries. displays. meetinq and conference facilities when related to the purpose and use of the specific MROC complex. (4) Provision of services and repair of items incidental to the principal use. (5) Recreational facilities attendant to a multi-family residential development. such as tennis courts, swimminq pools. exercise areas. and meetinq rooms. (6) Fleet Manaqement, field operations services. and communication facilities associated with qovernmental offices. (D) Supplemental Uses: The followinq uses are allowed within the Office and Research and Development use areas provided that they are of such a scale. desiqn. and location to cater to the needs of employees of the office center or research and development park. Space allocations for these uses shall be identified durinq site plan approvals. . Lunch counters. cafeterias, restaurants. snack bars. and vendinq machine areas . Classroom and traininq facilities . Child Care facilities . Sundry shops . Exercise facilities (E) Conditional Uses and Structures Allowed: The followinq uses are allowed as conditional uses within the MROC District: (Uses approved in this section would be part of the 20% qeneral retail maximum). (1) the general public Health spas, fitness centers, gymnasiums, and exercise facilities which are open to (2) Amusement qame facilities limited to such uses as pinball. air hockey, electronic qames, and other similar coin operated qames when an attendant is on duty. Recreational establishments such as bowlinq alleys, miniature qolf courses, (4) Veterinary clinics. (5) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.q.. concerts. live performances). 7 ORD. NO. (F) Review and Approval Process: (1) All Development within the MROC District shall be aoverned by a Master Development Plan (MOP). The MOP shall consist of a narrative; a land use map; conceptual site, landscapina, and utility plans; and conceptual elevations and architectural information. A MOP shall be processed pursuant to Section 2.4.5(F) with approval aranted by the Plannina and Zonina Board. A MOP may be modified pursuant to Section 2.4.5(G). (2) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (3) For any new development approval must be granted by the Site Plan Review and Appearance Board with respect to Sections 2.4.5(F), (H), and (1) and be consistent with the approved Master Development Plan (MDP). A site plan modification shall follow procedures outlined in Section 2.4.5(G). (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5eE). (5) Applications for site plan approval pursuant to Section 4.4.13(1) must include. in addition to the standard application items of 2.4.3(A). a site and development plan (including landscaping. elevations. and floor plans) that is of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board and is to be consistent with adopted (MDP). (G) Development Standards: The followina standards shall be adhered to for any development within the MROC District. Waivers and variances to these standards may be approved by the Plannina and Zonina Board concurrent and as a part of the approval of a Master Development Plan (MOP). It is the intent of this subsection to establish minimum standards for development within the MROC Zone District. When considerina a Master Development Plan (MOP) in any Mixed Residential. Office. and Commercial (MROC) development proposal. the Plannina and Zonina Board may attach suitable conditions. safeauards, and stipulations to address the specific characteristics of the site and potential impacts of the proposed development. (1) Standards Pertainina to Allocation of Uses: 8 ORD. NO. (a) Office Center can encompass UP to one hundred percent (100%) of the total buildinq square footaqe within an MROC development. (b) Research and Development can encompass UP to one hundred percent (100%) of buildinq area square footaqe of the total MROC development. Furthermore. such use may be placed within any of the "land use areas" depicted on the MOP. (c) Retail Center shall not encompass more than twenty percent (20%) of the total buildinq area square footaqe of the MROC development. (d) Multifamilv residential developments or multi familv uses within a mixed use development may be UP to a maximum of forty (40) units per acre. The density may be increased to fifty (50) units per acre within 2,500 feet of a train station and onlv when proposed as part of a mixed-use development containinQ office and/or commercial uses and subiect to the followinq; . Residential units cannot exceed more than 40% of total development area on a buildinq square footaQe basis, except if within 2,500 feet of a train station where they cannot exceed 50%. . Residential developments must include a minimum of 25% workforce units consistinq of very low. low. or moderate units as defined bv Article 4.7 FamilvlWorkforce Housinq. . Workforce units shall be subiect to qeneral provisions of Section Article 4.7.6,4.7.7.4.7.8,4.7.9.4.7.10. . For mixed-use developments. the shared parkinq provisions of LOR Section 4.6.9. (C)(8) shall be allowed. . All residential developments shall be subiect to the Performance Standards of 4.4.13(1) (2) Standards Uniaue to the MROC District: Where standards unique to the MROC District conflict with standards contained elsewhere in the zoninq, subdivision. and landscape codes, the standards of this Subsection (2) shall applv. (a) Minimum Parcel/Lot Size: Minimum site area for the total development within the MROC District is to be three (3) acres with individual development parcels required to be a minimum of one acre in size. However, the approvinq body may qrant a waiver to the three acre requirement upon a determination that the development is consistent 9 ORD. NO. with the purpose and intent of the MROC District and there exists aood cause for not aaareaatina additional property. (b) Minimum Floor Area: . Tenant space within research and development use areas must have a minimum of 1.000 sauare feet per tenant. . There are no minimum reauirements for office and commercial uses. . Residential units are subiect to the minimum sauare footaae per unit reauirements of LOR Section 4.3.4(K). (c) Lot Coveraae & Open Space: . Lot coveraae by structures: a maximum of 50% of the area of any individual lot. . For open space: land area. eaual to at least 25% of the total MROC district includina the perimeter landscaped boundary, shall be in open space. Landscape areas reauired to meet parkina lot desian reauirements. and paved areas shall not be included in the meetina of this 25% open space reauirement. (d) Perimeter Development: A landscape boundary shall be provided around each MROC development. Parkina. structures. perimeter roadways, and other pavina is not permitted within this peripheral areenbelt except for bicycle paths, sidewalks. ioaaina trails, and driveways or access streets which provide inaress and earess for traffic and which are aenerally perpendicular to the areenbelt. The width of the areenbelt shall be as follows: . Absolute minimum . When adiacent to a collector or arterial street . When abuttinQ residentiallv zoned property . When adiacent to but separated from residentiallv zoned property bv a street. waterway. allev, railwav or park 25 feet 30 feet 40 feet 25 feet (e) Minimum Structure Size: Any free-standina principal structure shall have a minimum floor area of 4.000 sauare feet; shall be architecturally intearated with other structures; and shall have direct access to and from other portions of the MROC development. 10 ORD. NO. (ft Heiaht: (1) Buildinos shall be a minimum of twenty-five feet (25') and a maximum of seventy-five feet (75') in heioht for mixed use and sixty feet (60') for stand alone residential buildinos. (2) Office and Commercial Floor Heiohts shall be a minimum of fifteen feet (15') floor to floor. All mixed-use development shall have a minimum of fifteen (15') floor to floor devoted to offices or commercial and ten feet (10') floor to floor for residential floors above. Auxiliary and service rooms, such as. oaraoes. restrooms, closets. laundry rooms, dressino rooms. storaoe rooms. mechanical. electrical. and plumbino equipment rooms are exempted from the floor heioht reoulations. (3) All floors above sixty feet (60') shall be limited to fifty percent (50%) of the oround floor area and the buildino setbacks or planes of the facade are to be offset and varied to provide visual relief. (H) Supplemental District Reaulations: The supplemental district reoulations as set forth in Article 4.6 shall applv except as modified by, or added to. as follows: (1) The perimeter buffer shall be landscaped to provide a boulevard effect alono Conoress Avenue to the property lines. (2) The parkino requirement for restaurants is established at twelve (12) spaces per 1.000 square feet of floor area. (3) The parking requirements for residential units in multi-family structures or mixed-use buildings shall be as follows: 11 ORD. NO. . Efficiency dwellinq unit One bedroom dwellinq unit Two or more bedroom dwellinq unit Guest parkinq shall be provided cumulatively as follows: - for the first 20 units - for units 21-50 - for units 51 and above 1.0 space/unit 1.25 spaces/unit 1.75 spaces/unit . . . 0.50 spaces/unit 0.30 spaces/unit 0.20 spaces/unit (4) The parking for commercial uses shall be 4.5 spaces per 1.000 square feet of floor area. (5) The parking for office uses shall be 4 spaces per 1.000 square feet of floor area. (6) For mixed use developments. the shared parking formula under LDR Section 4.6.9(c)(8) can be utilized. (7) Location of Guest Parkina Spaces: Guest parkinQ spaces must be accessible to all visitors and Quests and may be centralized or located near recreational features within a development proiect. (I) Special Reaulations: (1 ) Documentation which constitutes evidence of unified control of the entire area within an MROC development must be provided at the time of submission of the Master Development Plan. (2) A program for full provIsiOn. maintenance. and operation of common areas. improvements. facilities. and services for the common use of occupants of the MROC development. and which specifically provides that no such elements or features shall be provided or maintained at the public's expense. must be provided at the time of submission of the Master Development Plan. (3) Executed agreements. contracts. covenants. deed restrictions. sureties. or other legal arrangements for the maintenance. repair. and operation of matters under Subsection (H)(2) and which bind successors in title to any such commitments. shall be provided prior to certification of a MROC site 12 ORD. NO. and development plan. (4) The applicant must be able to bind the entire area within a proposed MROC development to the terms. conditions. uses. and site development plan as approved in the Master Development Plan. (5) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subiect to the provisions of Section 4.3.3(VV). (6) Multi-family dwellinq units may be located in structures that are comprised of residential units only or in mixed-use buildinqs that contain a combination of residential and non-residential uses. However, where residential uses are located in structures havinq frontaqe on Conqress Avenue, there must be nonresidential uses frontina the Avenue on the qround floor. Section 4. That Subsection 4.6.9(C)(8)(a), "Shared Parking", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (a) Shared Parking: When a building or combination of buildings on a unified site is used for both residential and commercial purposes, and is located with the CBD, GC, MROC or PC zoning district, the minimum total number of required parking spaces shall be determined by the following method: Multiply the required parking spaces for each individual use by the appropriate percentage listed in the table below for each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns for the table. The minimum total parking requirement is the highest sum of the vertical columns. 13 ORD. NO. Shared Parking Calculations Table Use for multiple use projects which include residential in CBD, GC and PC zoning districts Weekday Weekend Use Night Day Evening Day Evening 6 P.M. to 6 P.M. to Midnight to 9 A.M. to Midnight 9 A.M. to 6 A.M. 4 P.M. 4P.M. Midnight Residential 100% 60% 90% 80% 90% Office 5% 100% 10% 10% 5% Commercial/Retail 5% 70% 90% 100% 70% Hotel 80% 80% 100% 80% 100% Restaurant 10% 50% 100% 50% 100% Entertain mentlRecreational 10% 40% 100% 80% 100% (theatres, bowlina allevs, etc) Other 100% 100% 100% 100% 100% For mixed use developments utilizing the shared parking calculations table, which contain both residential and non-residential uses, a minimum of one (1) parking space shall be reserved for each residential unit. These reserved spaces, or any spaces reserved for other uses, must be included in the "other" category and applied as 100% utilization. Furthermore, subsequent to the issuance of a Certificate of Occupancy (CO), the reservation of additional parking spaces will require a site plan modification and be subject to the provision of the minimum parking requirements. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. 14 ORD. NO. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_. ATTEST City Clerk First Reading Second Reading 15 MAYOR ORD. NO. 12tt6~ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~IiO l\\V hl '\VENl 'I . DEI RAY BEACH, FLORIDA 33444 .! LLlYHONE. :i(, I I' FACSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH F LOR I D A II&e.I:III All-America City , 1111: DATE: 1993 TO: MEMORANDUM May 15, 2006 City Commission 2001 FROM: Susan A. Ruby, City Attorney SUBJECT: Sale of Property -1025 S.W. 10th Avenue and 1044 S.W. 10th Avenue Attached please find Resolution 35-06 and Resolution 36-06. Resolution 35-06 is for a sale of City owned property located at 1025 Southwest 10th Avenue to Southern Development Services, Inc. for $10,400.00. Resolution 36-06 is for the sale of City owned property located at 1044 Southwest 10th Avenue. to Southern Development Services, Inc. for $9,200.00. The closing date for each property is scheduled to take place no later than July 1, 2006. By copy of this memorandum to David Harden, City Manager, our office is requesting that these contacts be placed on the City Commission agenda for June 6, 2006 for Commission approval. Cc: David Harden, City Manager Chevelle Nubin, City Clerk \Q~ ~~ RESOLUTION NO. 35-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Dekay Beach, Florida, wishes to sell certain property located at 1025 Southwest 10th Avenue; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Dekay Beach, Florida; and WHEREAS, it is in the best interest of the City of Dekay Beach, Florida, to sell said property . 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 Dekay Beach, Florida, as Seller, hereby agrees to sell to Southern Development Services, Inc., as Buyer, for the purchase price of Ten Thousand Four Hundred Dollars and 00/100 cents ($10,400.00), said property being described as follows: East side of Southwest 10th Avenue approximately 250 feet south of Southwest 10th Street. And more particularly described in Exhibit "A" attached hereto. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Dekay Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "B". PASSED AND ADOPTED in regular session on the _ day of 2006. ATTEST: MAYOR City Clerk EXHIBIT "A" East side of Southwest 1 Oth Avenue approximately 250 feet south of Southwest 10th Street. PCN 12-43-46-20-18-000-0131 Address: 1025 SW 10th Avenue, Delray Beach, Florida Also known as: A PORTION OF LOT 13, LESS THE EAST 215' AND THE NORTH 10', ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUN1Y, FLORIDA. SAID LANDS BEING A REPLAT OF THE EAST % OF THE WEST % OF LOT 29, AND THE WEST % OF THE EAST % OF LOT 29 OF THE MAP FILED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUN1Y PUBLIC RECORDS OF THE SW V. OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUN1Y, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13, LESS THE EAST 215' AND THE NORTH 10'; THENCE SOUTH 88046'49" WEST, A DISTANCE OF 59.09 FEET ALONG THE SOUTH LINE OF SAID LOT 13 TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTHWEST 10TH AVENUE; THENCE NORTH 03049'13" EAST, A DISTANCE OF 81.36 FEET ALONG SAID EAST RIGHT OF WAY LINE TO A POINT ON THE SOUTH LINE OF THE NORTH 10.00 FEET OF SAID LOT 13; THENCE NORTH 88043'58" EAST, A DISTANCE OF 55.03 FEET ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF SAID LOT 13, LESS THE EAST 215' AND THE NORTH 10'; THENCE SOUTH 00057'49" WEST, A DISTANCE OF 81.15 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SAID LAND SITUATE IN PALM BEACH COUN1Y, FLORIDA. CONTAINING 4,626 SQUARE FEETjO.l06 ACRES MORE OR LESS. 2 RESOLUTION NO. 35-06 ~ ~ EXHIBIT I~ CONTRACT FOR SALE AND PURCHASE PARTIES: The CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation("Seller"), c/o 200 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone: 243-7090) and SOUTHERN DEVELOPMENT SERVICES, INC., a Florida corporation (Phone: (561) 278-3100), ("Buyer", hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). I. DESCRIPTION: (a) Legal description of the Real Property located in Palm Beach County, Florida: See Legal Description attached hereto as Exhibit "An Property Control No. 12-43-46-20-18-000-0131 (b) Street address, city, zip, of the Property is: 1025 Southwest loth Avenue, Delray Beach, Florida II. PURCHASE PRICE $ 10,400.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before June 8, 2006 , this offer withdrawn. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this Contract, (CHECK ONLY ONE): ___Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR ~Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): ___abstract of title or ~title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered no later than July 1, 2006. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Special Warranty Deed subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7-1/2 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided that there exists at closing no violation of the foregoing. Page 1 of 7 VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; Seller shall deliver occupancy of Property to Buyer at time of closing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. ASSIGNABILITY: wherein Jim Zengage liability under this under this Contract; (CHECK ONLY ONE): Buyer (1) ~may assign to a company is a principal and thereby be released from any further Contract; ___may assign but not be released from liability or ____ may not assign this Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guideiines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE X. CITY OF DELRAY BEACH SOUTHERN DEVELOPMENT SERVICES, INC. Date BY~ .!"J,'-/al4 -rv1 'to, r~~~ Date By: Print Name: Tax ID No. Social Security or Tax ID No. sCJ. ~ 73 222-D Date Social Security or Tax ID No. Deposit(s) under Paragraph IIErrorl Reference source not found. received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE: (Escrow Agent) By: Page 2 of 7 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: SOUTHERN DEVELOPMENT SERVICES, INC. PROPERTY ADDRESS: 1025 Southwest 10th Avenue, Delray Beach, Florida XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a u.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a u.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted Page 3 of 7 reasonable access to the premises to determinations, including environmental sampling and other such testing. conduct assays, such core feasibility studies drilling, surveys, ~d soil c. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. SELLERS' INITIALS: BUYER'S INITIALS: ~ Page 4 of 7 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVZDBNCZ OF TITLE: (l)An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date. It shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract. B. ~B I~~ I~~I ~~ ~~ ~a S...--, A ~Hreaase ffiSne) ffisrt~a~e ana ffisrt~a~e Rste ts Seller saall ~rs iae fsr a 39 aa) ~raee ~erisa in tae e.ent sf aefaHlt if a first ffisrt~a~e ana a 15 aa) ~raee ~erisa if seesna sr lesser ffisrt~a~el shall ~rs.iae fsr ri~at sf ~re~a~ent in ,asle sr in ~art .,iths~t ~enalt)1 saall ~ermit aeeeleratisn in e ent sf transfer sf tae Real rrs~ert)1 "..all re'l:Hire all ~risr lien ana enetl1llBranees ts 1ge J'e~t in ~ssa stanain~ ana fsrJ9ia IRsaifieatisns sf sr fHt..re aa aneee Hflaer ~rier IRsrt~a~e(s), shall re'l:Hire B..)er ts lRaintain ~slieies sf ins~ranee esntainin~ a stanaara IRsrt~a~ee ela~se es.erin~ all i~rs.elRents lseatea sn the Real rrs~ert) a~ainst fire ana all ~erils inel~aea ,itain t..e terlR "e,.tenaea es.era~e enasrsements" ana s~eh sther risl,s ana ~erils as Seller IRa) reassnal91) re'l:..ire, in an alRs~nt e'l:Hal ts their ai~aest insHra191e .alHel ana the lRert~a~e, nste ana see..rit) a~reelRent shall 1ge ether"ise in fsrlR ana esntent re'l:~irea 19) Seller, I9Ht Seller IRa) snl} re'l:~ire ela..ses e~stslRaril) fs..na in IRsrt~a~es, lRert~a~e netes, ana see~rit) a~reelRents ~enerall) ~tilieea 19) sa in~ ana lsan institHtisns sr state sr natisnal 19anl,s leeatea in tae es~nt) "herein Real Prs~ert) is leeatea. All Perssnal Pre~ert) ana leases 1gein~ esn.e}ea sr assi~nea .ill, at Seller's s~tisn, 1ge sHl9jeet ts tae lien sf a seeHrit) a~reelRent e.ieeneea 19) reesraea finanein~ statelRents. If a 19a1lesn msrt~a~e, tae final ~a}lRent .Till elleeea tae ~erisaie ~a~ents taeresn. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. D. BIlIEBS. B..}er, at B~}er's ell~ense, witain tiffie alls ,ea ts aelLer e~'iaenee sf title ana ts ellsffiine s_e, ffia} ha.e neal Prs~ert) ins~eetea 19) a Flsriaa Certifiea Pest Centrsl O~eratsr I"O~eratsr") ts aeterlRine if there is an) .ieil91e aeti.e terffiite infestatisn sr .isil91e e"istin~ aaRla~e frsffi te!'mite infestatien in the Prs~ert). If eitaer er I9sth are fSHna, BH)er "ill aa.e 1 aa}s frslR aate ef ..ritten nstiee taeresf ithin ,aieR ts ha.e esst sf treatlRent, if re'l:Hirea, estilRatea 19) the O~erater ana all ealRa~e ins~eetea ana estilRatea 19) a lieensea 19~ilaer sr ~eneral eentraetsr. Seller shall ~a) .alia essts sf treatlRent ana re~air sf all aalRa~e H~ ts tae alRs..nt ~re.iaea in Para~ra~a ______ la). If estilRatea essts elleeea taat ams~nt, BH)er shall aa.e tae s~tisn sf eaneelin~ this Centraet ithin 5 aa}s after reeei~t ef esntraeter's re~air estimate B) ~i.in~ "ritten ..stiee te Seller er B~)er IRa) eleet ts ~rseeea ,ita tae transaetisn, ana reeei e a ereait at elesin~ en the alRs~nt ~rs.iaea in Para~ra~a _ (a). "Termites" s..all 1ge aeelRea ts inel~ae all ..eea eestre)in~ er~anislRs re'l:~irea ts 1ge re~srtea ~naer the Fleriaa Pest Centrsl ~et, as alReneea. E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard A. F. LBABBS, Seller shall, net less taan 15 aa)S 1gefsre elssin~, fHrnisa ts B~)er ee~ies sf all .,ritten leases ana ests~~el letters fEem e88ft teRaRt apeeif)iRg tae RstuEe aRa a~FatieR sf the teRant'a eseapaRS}, Fentsl Fates, aa.aneea FeRt aRB eeSHFit) ae~eBit8 pais B} tenant. If Seller is ~naBle ts el9tain sHeh letter frsm eaeh tenant, tae saffie infsrlRatisn shall Be f~rnishea B} Seller ts B~)er ..itRin taat tiffie ~erisa in the fsrm ef a Seller's affiaa it, ana B..)er ma) thereafter eentaet tenants ts esnfirlR sHeR infsrmatien. Seller ehall, at elsein~, aeli.er ana aesi~n all sri~inal leases ts B~)er. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract. B. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. Time i. of the ....ne. in thi. Contract. J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements. K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Buyer. Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to ~ Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph IV. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are Page 5 of 7 completed improvements on Real Property by January 1st of year of closing, which improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. Buyer shall be responsible for any and all taxes due before or after the sale. M. SPBCXAL ASSBSSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Buyer. PeRaiR~ lieRs as ef aate sf elesiR!j shall ee ass.".ea Ja) B~yer. If the iffil"re.ement ~as JaeeR sHsstaRtiall) eemjSletea as ef Effeeti.e Sate, aR) jSenain!j lien shall se eeRsiaerea as eertifiea, eenfirmea sr ratifiea aRa ~eller shall, at elssiR~, se ehar~ea aR ams~nt e~~al ts the last Batiffiate sf assessment fer the iffil"rs.emeRt e) the jSHslie sea). N. INaPBSWI9N, IIBPUR J\RS __SIl, Seller ,.arrante that, as ef Ie aa)e jSrier ts elssin~, the eeiliR~, resf (inel~aiR!j the faseia ana ssffits) aRa ellterier aREi iRterisr walls, fS~RaatisR, sea.lalls (er e~~i alent) ana asel,a!je as RSt ha e an) '.'ISIB:bE E\'IBENCE ef leal,s, \later Eiallla!je er str",et",ral aaffia~e aRa that the sejStie taRI" jSssl, all ajSjSliaRees, ffieehanieal items, heatin!j, eeelin~, eleetrieal, jSlHffiSiR~ S)steffis aRa ffiaehiRer) are iR 11GRKII1C CGlIBITIOIl. The fere!jein!j .larrsRt) shall ee liffiitea te tRe items sjSeeifiea HRless sthernise jSrs.iEiea in aR aaaeRa~m. BH)er mal' at B,,)er's elll"eRse, ha.e iRsl"eetisRs maEie ef these items e) a fiFfl\ er iREii ia"al sjSeeiali2iR~ iR heme iRsjSeetieRs aRa helain~ an eeeHjSatieRal lieeRse fer s",eh jS~E-I"ese (if re~ireEi) sr e) aR ajSjSrsjSriatel) lieeRsea FleriEia eSRtraetsr. BH)er shall, jSrier te BH)er'S eBe~jSaRe) er Ret less thaR 113 as)s jSrier te eleeiR~, .hiehe.er eee",rs first, rejSert iR ritiR~ te Seller s",eh items that ae Ret meet the ase e staRaarEis as ts aefeets. Unless BH)er timel) rel"erts sHeh aefeets, BH)er sRall se aeemeEi te ha e ,.ai ea Seller's narraRties as te aefeets net rejSerteEi. If rejSaire er rejSlaeement are re~~irea te eemjSl) \lith thie StaRaarEi, Seller shall eaHse them ts Jae maEle anEi shall jSa) HI" te tRe ame~Rt jSra.iElea iR Para~rajSh (Ja). Seller is Rat re~",ireEi te mal,e rejSairs er rejSlaeements af a essffietie nat~re "RIess eaHsea S) a Eiefeet Celler is resjSeRsiele~ejSair ar rejSlaee. If the east af s"eh rejSair sr rejSlaeemeRt eHeeeas the ama~Rt jSra.iaea in J?ara~ra!"h (e), B~)er sr Seller lOa) e1eet ta jSa) s~eh elleeas, failiR!j ,hieh either jSart) lOa) saReel this CaRtraet. If Seller is ~naele ts ~t ths aefeets jSrisr te elssiR~, the east thereef shall ee jSaia iRte esere. at e1esiR!j. Seller shall, ~jSsn reassRaele Rstise, jSrs.iae Htilities ser iee aRa aessss te the PrejSert) fer iRsjSeetisRs, inel~ain!j a ,lall, threH~h jSrisr te elesin~, te esnfirm that all itelf\s ef Persenal PrejSert) ara en the Real PrejSert) aRa, e",ej eet te the fere!jeiR!j, that all re~"irea rejSairs anEi ral"laeemeRts ha. e eaen maae aRa that tha PrejSert) , ine1HEiin!j eHt net limiteEi te, lann, ehrHsser) ana jSeel, if aR), has eeen maintainea iR the eenaitiaR eHistin!j as ef Effeeti e Bate, erainar) near ana tear eHeejSteEi. o. RISK or LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s). P. PROCEEDS or SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. Q. BSCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. R. ~WQRHBY ..Ba, OGawa. IR an) liti~atian, inel"ain~ ereaeh, enfereement sr iRterjSretatian, arisiR~ SHt sf this CentFaet, the jSre ailiR~ jSart) iR stieh liti~atian .."ieh, far the jS"rjSasea sf thia Stanaara, ahall iRel~ae Seller, B,,) ar, ana an) srs),ers aetin~ iR a!jene) sr RaRa!jene) relatisRshijSa atithsri2eEi S) ChajSter 175, F.S., as amenaeEi, shall ee entitlea ts reea.er fram the Rsn jSre.ai1in!j part} reaseAasle att.sEfle:)'S fees, easts, aRB. eH{:leRsea. S. ~LURE or PERrO~: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. ~. CONTRAC~ NOT RECORDABLE; PBRSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVB%aNCB: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VI and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGRBBMBNTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. w. ~IBS: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. Page 6 of 7 EXHIBIT "An East side of Southwest 1 Oth Avenue approximately 250 feet south of Southwest 10th Street. PCN 12-43-46-20-18-000-0131 Address: 1025 SW 10th Avenue, Delray Beach, Florida Also known as: A PORTION OF LOT 13, LESS THE EAST 215' AND THE NORTH 10', ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS BEING A REPLAT OF THE EAST % OF THE WEST % OF LOT 29, AND THE WEST % OF THE EAST % OF LOT 29 OF THE MAP FILED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY PUBLIC RECORDS OF THE SW ~ OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13, LESS THE EAST 215' AND THE NORTH 10'; THENCE SOUTH 88046'49" WEST, A DISTANCE OF 59.09 FEET ALONG THE SOUTH LINE OF SAID LOT 13 TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTHWEST 10TH AVENUE; THENCE NORTH 03049'13" EAST, A DISTANCE OF 81.36 FEET ALONG SAID EAST RIGHT OF WAY LINE TO A POINT ON THE SOUTH LINE OF THE NORTH 10.00 FEET OF SAID LOT 13; THENCE NORTH 88043'58" EAST, A DISTANCE OF 55.03 FEET ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF SAID LOT 13, LESS THE EAST 215' AND THE NORTH 10'; THENCE SOUTH 00057'49" WEST, A DISTANCE OF 81.15 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SAID LAND SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 4,626 SQUARE FEET/0.106 ACRES MORE OR LESS. Page 7 of 7 JZ4tIJ~ RESOLUTION NO. 36-06 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CI1Y TO SELL TO BUYER CERTAIN REAL PROPER1Y IN PALM BEACH COUN1Y, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BE1WEEN THE BUYER AND THE CI1Y OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at 1044 Southwest 1 Oth Avenue; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property . NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Dekay Beach, Florida, as Seller, hereby agrees to sell to Southern Development Services, Inc., as Buyer, for the purchase price of Nine Thousand Two Hundred Dollars and 00/100 cents ($9,200.00), said property being more particular described as follows: North side of Southwest 11th Street between Southwest 10th Avenue and unimproved Southwest 11 th Avenue. And more particularly described in Exhibit "A" attached hereto. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Dekay Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "B". 2006. PASSED AND ADOPTED in regular session on the _ day of . ATTEST: MAYOR City Clerk EXHIBIT "A" North side of Southwest 11th Street between Southwest 10th Avenue and unimproved Southwest 11 th Avenue. PCN 12-43-46-20-18-000-0163 Address: 1044 SW 10th Avenue, Delray Beach, Florida Also known as: THE WEST 100 FEET OF THE EAST 315 FEET OF LOT 16, ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS BEING A REPLAT OF THE EAST % OF THE WEST Yz OF LOT 29, AND THE WEST Yz OF THE EAST % OF LOT 29 OF THE MAP FILED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY PUBLIC RECORDS OF THE SW % OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA CONTAINING 4,105 SQUARE FEET /0.0942 ACRES MORE OR LESS. 2 RESOLUTION NO. 36-06 - ~ EXHIBIT I~ CONTRACT FOR SALE AND PURCHASE PARTIES: The CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation("Seller"), c/o 200 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone: 243-7090) and SOUTHERN DEVELOPMENT SERVICES, INC~, a Florida corporation (Phone: (561) 278-3100), ("Buyer", hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase (" Contract") . I. DESCRIPTION: (a) Legal description of the Real Property located in Palm Beach County, Florida: See Legal Description attached hereto as Exhibit "AN Property Control No. 12-43-46-20-18-000-0163 (b) Street address, city, zip, of the Property is: 1044 Southwest loth Avenue, Delray Beach, Florida II. PURCHASE PRICE $9,200.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before June 8, 2006 , this offer is withdrawn. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this Contract, (CHECK ONLY ONE): ___Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR ~Buyer shall at Buyer's expense obtain (CHECK ONLY ONE) : abstract of title or ~title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered no later than July 1, 2006. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Special Warranty Deed subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7-1/2 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided that there exists at closing no violation of the foregoing. Page 1 of 7 " VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; Seller shall deliver occupancy of Property to Buyer at time of closing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. ASSIGNABILITY: wherein Jim Zengage liability under this under this Contract; (CHECK ONLY ONE): Buyer (1) ~may assign to a company is a principal and thereby be released from any further Contract; ___may assign but not be released from liability or ____ may not assign this Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE X. CITY OF DELRAY BEACH SOUTHERN DEVELOPMENT SERVICES, INC. By: BY~ ~~ ~1'Y\ (p es,~+ Date Date Print Name: Tax ID No. Social Security or Tax ID No. 59- ~73'2220 Date Social Security or Tax ID No. Deposit(s) under Paragraph IIErrorl Reference source not found. received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE: (Escrow Agent) By: Page 2 of 7 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: SOUTHERN DEVELOPMENT SERVICES, INC. PROPERTY ADDRESS: 1044 Southwest loth Avenue, Delray Beach, Florida XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIR~TA"): The parties shall. comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a u.s. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller I s other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a u.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted Page 3 of 7 reasonable access to the premises to determinations, including environmental sampling and other such testing. conduct assays, such core feasibility studies drilling, surveys, and soil C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. SELLERS' INITIALS: BUYER'S INITIALS: ~ Page 4 of 7 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (l)An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date. It shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract. B. PURG_ araNBY a~, SB~H AGllBBI!_ '!Q SBLLIm, A l'~reRase meRe) mert!la!le a",1 ffiert!la!le Rete te Eeller Baall l'!'e.iele fer a 39 elaj !lraee l'e!'ieel in the e ent ef elSfSHlt if a first mert!ls!le aReI a 1. elaj !lraee l'eriea if seeeReI er lesser lllert!la!le, ehall l're.iels fer ri!lht ef l'!'el'aymeRt iR ..aele er iR 13srt "ithe~t 13eRaltj' saall l'ermit aeeeleratieR iR e.ent ef traRsfsr ef the Real Prel'ertjt sRall relJ1>ire all l'rier lieR ana eRsHml9raRees ts Be )'Sl't iR !leea staRain!l aRa ferDiel meaifieatiens sf er f~t"re ael.anees ~Rasr l'rier lllert!la!le(s), saall re~Hire BHier ts ffiaintain l'elieies ef iRs~ranee eeRtainiR!l a staRelara ffiert!la!lee slaHse ee.erin!l all i~re.emeRts leeatea eR the Real Prsl'ertj a!laiRst fire aRa all 13erils iRsIHaeel itaiR tae term "ellteRaea ee era!le eRaersellleRte" aRa sHeh etaer risl,s aRa l'erils as ~eller ma) reassRaDl) re~~ire, in aR ameHnt e~~al te taeir hi!laest iRs~rsBle .alHet aRa tae mert!lS!le, Rete ana see~rit) S!lreeffient eaall Be ether/iee in ferm ana eeRtent re~Hirea 19) Eeller, DHt Eeller ma) eRl) re~~ire ela"see e~stemaril) fe~na iR lllert!la!lee, ffiert!la!le Retee, aRa seeHrit) a!lreelllents !leRerall) ~tili2ea B) sa iR!l aRa leaR iRstitHtiens sr state er RatieRal BaR]'s lseatea iR tae eeHRt) ~ereiR Real Prsl'erti is lseatea. ~ll PerseRal Prel'erti aReI leases DeiR!l een e)ea e.. assi!lRea .ill, at Eeller's s13tieR, Be s~Bjeet ts tRe lien sf a seeHrit) a!l..eellleRt e.ieleneea B) reeeraea fiRaReiR!l statemcRts. If a aalleen msrt!!a!le, the fiRal 13a)'llleRt ..ill elleeea the l'erieaie 13aY'"eRts thereen. c. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. B. HNEHS, SHier, at BH)er'S eU13eRse, ./ithiR time alle,.eel te eleli.er e.ieleRee ef title aReI te e",,,,,iRe sallle, IIla) aa.e Real Prel'ert) iRSl'eeteel 19) a Fleriela Certifieel Pest CeRtrel el'erater ("013eratsr") ts eleterffiiRe if taere is an) .isiBle aeti.e termite iRfestatieR sr .isiale ellistin!l elallla!le frem terlllite iRfestatisR iR tae Prsl'ert). If eitaer sr Bsth are fe~nel, B~)er ..ill aa.e I ela)s frem elate ef ....itteR Rstiee theresf ithiR ..hish te ha.e eest sf treatment, if re'!Uireel, estimateel B) the e13eratsr ana all elaffia!le iRsl'eeteel aReI estimatsel B) a lieeRseel BHileler er !leRsral eeRtraeter. ~elle.. shall l'a) .aliel eests ef treatmeRt aReI rel'air ef all elama!le ~13 te the ameHRt l're.ieleel iR Para!lral'R (a). If estimatea eests eneeea taat ame~nt, BH)er saall ha e tae e13tieR ef saReelin!l tRis CeRtraet ..ithin . ela)s after ree~f eSRtraster's rel'air estiffiate B) !li.in!l ritten nstiee ts Seller er BH)er ma) eleet te 13reeeeel itR the transaetisn, ana reeei e a ereelit at slesin!l Sl'l tae affie~Rt l're.ielea iR Para!lra13R (a). "Termites" shall Be eleemea ts iRel~ele all .ssa elestrs)in!l sr!lanisms re~~ireel ts Be re13srteel HReler the Flsriela Pest CeR~~et, as ameRaeel. E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard A. F. LBASKS, ~eller saall, nst less taaR 1. ela)s Befere elssiR!!, fHrRisa ts BH)er eS13ies sf all ritteR leases aReI ests1313el letters frem eaeh teRant s13eeif)iR!l the natHre aReI eI~ratisR sf the teRant's eeeHl'aRe), reRtal rates, aa.aReeel reRt anel see~rit) ele13ssits 13aiel B) teRaRt. If ~eller is ~Raale te sBtaiR s~eR letter frsm eaeR teRaRt, tae same iRfsrmatisn shall Be fHrnishea 19) ~eller ts BHier ..ithiR that time l'erieel in tRe fsrm ef a ~eller's affiela it, aReI BH)er ma) taereafter eentaet teflaRts ts eeRfirm sHeR iRferlllatisn. ~eller saall, at elssiR!l, eleli.er aReI assi!lR all sri !liRa 1 leases te B~jer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. T~ i. of the ....ne. in this Contract. J. DOCUMBNTS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements. K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Buyer. Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to ~ Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph IV. L. ~IONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are Page 5 of 7 completed improvements on Real Property by January 1st of year of closing, which improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. Buyer shall be responsible for any and all taxes due before or after the sale. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Buyer. PeRaiRIJ lieRs as sf aate af elasiRIJ ahall se assOlmea S) BOI}er. If the impra.emeRt has seeR e>isstaRtiall) asmpletea as af Effeeti.e Date, an) peRaiRIJ lieR shall se 8ensiaerea as aertifiea, eaRfirmea ar ratifiea aRa Celler shall, at elasiRlJ, se sharlJea aR amaHRt e~OIal ta the last estimate af assessmeRt far the imprs.emeRt e} the pHelie eaa}. N. IHSPBG!I!I9H, RIIlPMR AND I~. Seller "arrants that, aa af Ie aa}s priar ta elasinlJ, the eeilinlJ, Faaf (iRelHaiRIJ the faseia ana aaffita) ana e'~eriar ana iRteriaF ~alla, faHRaatisR, aeaffills (er e~Hi alent) ana aaekalJe aa Rat ha e an} VISIBbE BVHlEllCE sf leal.s, ater aamalJe ar str>ietOlral aamalJe aRa that the septie taRI., paal, all appliaRaes, meehaRieal items, heatiRIJ, eaalinlJ, eleetrieal, plOlllli3iRIJ s}stema aRa maehiReF) are iR \]ORKII1C CeIlElITIml. The farelJaiRIJ narraRt} shall se limitea ta th: ~:e~: speeifiea OIRleas atherliae pra.iaea iR aR aaaeRa>iHl. BOI}er ma}, at BOI}er's eupeRae, ha.e iRa~eetiaRs maae af thase items S} a firm ar inai.iaOlal speeialieiRIJ iR hame iRapeetians ana halainlJ aR aee>ipatiaRal lieeRse far sOleh pHrpaae (if re~irea) ar S} an apprspriatel} lieensea Flariaa esntraetar. BOI)eF shall, priaF ta BOI)er's aeeOlpane) ar Rat less thaR le aa)s priar ta elaaiRIJ, .,hiehe.er see>irs first, repsrt in IritinlJ ta Seller sOleh items that aa Rat meet the asa.e staRaaras aa ta aefeets. Unless BOI)er timel) reparts sOleh defeets, BOI)er shall se aeemea ta ha.e laLea Seller's \larFanties as ta aefeets RSt repartea. If repairs ar replaeement are re~OIirea ta esmpl) \lith this CtaRaara, Seller shall ea..se them ta se maae aRa shall pa) "I' ta the amaHRt pra iaea iR paralJraph (s) . Seller is nst re~OIirea ta mal,e repairs ar replaeemeRts af a easmetie natOlre >inless eaOlsea S) a aefeet Seller is respaRsisl~e~air ar re~laee. If the east af sOleh repair ar replaeemeRt eueeeas the a"a"Rt pre.iaea iR paralJraph (sl, BOI}er ar Seller m~~ :~=et ts pa) sHeh eueess, failiRIJ hieh either part} ma) eaReel this Cantraet. If Seller is OInaele ta ~t the aefeets prie: ~a ::::~R~: the east thereaf shall se paia iRta eserau at elasiRIJ. Celler shall, OIpan rsasaRaele Raties, pra.iae OItilities ser iee aRa aeeess to the PFa~ert) far iRspeetiaRs, inelHaiRIJ a ,.all, thraOllJh priar ta elasiRIJ, ta eaRfirm that all items af Persanal Prapert) a;;: ~~ ~~e Real Prspsrt) aRa, sOlejeet ta the farelJaiRIJ, that all re~OIirea repairs ana replaeemeRts ha e seeR maae ana that the Prapert) , inelOlaiRIJ SOlt Rat limitea ta, la'.R, shraseer) ana paal, if afl}, has seeR maiRtaiRea in the eaFlaitiaR euistiFlIJ as af EffeetLe Elate, eY~iRaF) ..eaY aR~ tear eJtee~te~. O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s). P. PROCEEDS OF SALE: CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. R. ~~9RNBV FBBSJ COSTS I IA an} liti~atieR, iflelHaiR~ syeaeh, eRfsEeemeAt 8~ iRteF~~etati8fl, a~isifl~ e~t sf Ehis CSRtfaet, tAe p::~:~l~:1J part} in e~eh ~itilJ~tieR ..hie~, far the pOlrpeees ef this Staflaara, shall iRelHae ~eller, BOI)er, aR~ ~~) ~:e~==e ~:~~~?~~ a RaRalJeRe) relat1eRsh1~s aOlthar1~ea e) Chapter 175, F.8., as amenaea, shall se eFlt1tlea te reea.er frem the Ren pr~.a111fllJ ~a~t~ rea88Ra~le atte~ne)'s fees, seats, aR~ e)(~en8ea. S. FAILURE or PERFO~CE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract: or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVE~: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VI and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. v. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. w. ~IES: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. Page 6 of 7 EXHIBIT" A" North side of Southwest 11 th Street between Southwest 10th Avenue and unimproved Southwest 11 th Avenue. PCN 12-43-46-20-18-000-0163 Address: 1044 SW 1 Oth Avenue, Delray Beach, Florida Also known as: THE WEST 100 FEET OF THE EAST 315 FEET OF LOT 16, ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS BEING A REPLAT OF THE EAST 12 OF THE WEST 12 OF LOT 29, AND THE WEST 12 OF THE EAST 12 OF LOT 29 OF THE MAP FILED IN PLAT BOOK 1 , PAGE 4, PALM BEACH COUNTY PUBLIC RECORDS OF THE SW 1,4 OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA CONTAINING 4,105 SQUARE FEET/O.0942 ACRES MORE OR LESS. Page 7 of 7 ~ [ITY DF DEI~ E [ CITY ATTORNEY'S OFFICE '\\\ i., .\\"'\ 1 /{ ,J ;'~! I[ tRAY" REACH, FLORIDA 33444 ,. I ACSli'vIILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DElRAY BEACH f L {) RID ^ Da:III All-America City , III I! DATE: TO: 1993 2001 MEMORANDUM May 24, 2006 City Commission David T. Harden, City Manager Terrill Barton, Assistant City Attorney ~ SUBJECT: Ordinance No. 34-06 - Supplemental Code Enforcement Procedures FROM: The attached ordinance repeals Section 37.45 and enacts a new 37.45 "Supplemental Code Enforcement Procedures" to provide for civil violation imposition and collection of penalties via ticketing through City Code and Law Enforcement Officers and it provides for a Hearing Officer to hear civil violation appeals. Please place this item on the consent agenda for June 6, 2006 for City Commission consideration. TCB:smk Attachment cc: Chevelle Nubin, City Clerk \M ORDINANCE NO. 34-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", OF THE CODE OF ORDINANCES BY REPEALING IT IN ITS ENTIRETY AND ENACTING A NEW SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES"; PROVIDING FOR A HEARING OFFICER TO HEAR CIVIL VIOLATION APPEALS; PROVIDING FOR PENALTIES, IMPOSITION, AND COLLECTION OF LIENS; PROVIDING FOR CIVIL OFFENSES; PROVIDING FOR PAYMENT FOR SERVICES AND QUALIFICATIONS OF HEARING OFFICERS; PROVIDING FOR THE ESTABLISHMENT OF CIVIL VIOLATION PROCEDURES; PROVIDING FOR THE ESTABLISHMENT OF CIVIL PENALTIES FOR VIOLATIONS; PROVIDING FOR IMPOSITION AND COLLECTION OF CIVIL PENAL TIES; PROVIDING FOR APPEALS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida, was established to provide for procedures for supplemental code enforcement procedures; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to expand these procedures and to establish additional code enforcement procedures. NOW, THEREFORE, be it ordained by the City Commission of the City of Delray Beach, Florida, as follows: Section 1. That Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida, be repealed in its entirety. Section 2. That Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida is hereby enacted to read as follows: (A) Intent. (1) It is the intent of the City Commission to promote, protect and improve the health, safety, and welfare of the citizens of Delray Beach, Florida, and to provide an equitable, expeditious, effective and inexpensive method of enforcing codes and ordinances of the City. (B) Definitions. (1) For the purposes of this chapter of the Code of Ordinances. the following terms. phrases. words. and their derivations shall have the meaning as defined. (a) "Citation" or "Civil Violation Notice" shall mean a notice of violation with a civil penalty and fine. as provided for in the Code. (b) "Code" means collectively the City of Delray Beach Code of Ordinances. as may be amended from time to time. any applicable sections of the Minimum Housing Code. SBCCI. as may be amended from time to time, or the applicable Florida Building Code. as may be amended from time to time. (c) "Code Enforcement Officer" means any authorized agent or employee of the City whose duty it is to assure compliance with the Code. Cd) "Hearing Officer" is an individual. appointed pursuant to the Code of Ordinances. who is authorized to conduct hearings on appeals of civil violation notices. A hearing officer enters findings of fact. conclusions of law. and may adiust fines imposed pursuant to civil violation notices depending on evidence and testimony entered at the hearing. (e) "Notice" shall be provided to alleged violator(s) or property owner(s) by certified mail. return receipt requested. by hand-delivery or posting. or as provided in this ordinance and Chapter 162 of the Florida Statutes. Cf) "Law Enforcement Officer" means any authorized agent or employee of the City's Police Department. (C) Civil Offenses/Penalties: Intent and PurDose. The violation of any provision of any of the ordinances of the City of Delray Beach or the applicable Minimum Housing or Florida Building Code. shall constitute a civil offense punishable by civil penalty as provided herein. The civil citation process is intended to supplement the code Enforcement Board process and other enforcement processes by providing an additional enforcement process that will expedite the correction of certain types of code violations. These types of violations include but are not limited to: itinerant types of sign violations which may be quickly rectified (banners. balloons. sidewalk. snipe signs). unlicensed contractors. contractor licensing requirements. overflowing dumpsters. trash piles. hatracking of trees. failure to secure iob sites during hurricane warnings. and operating vendor type businesses without license. 2 ORD. NO. 34-06 (D) Qualifications. Appointment and Removal. Compensation of Hearin!! Officers. (1) For the purpose of this article. appointments of Hearing Officers shall be made by the City Commission. (2) Florida. Hearing Officers shall be lawyers in good standing. licensed to practice law in (3) Appointments shall be made for a term of one year. Hearing Officers may be reappointed or removed at the discretion of the City Commission. (4) Hearing Officers shall be compensated at a rate to be determined by the City Commission. (5) If a Hearing Officer is removed from a case. the case may be assigned to another Hearing Officer. (E) Powers of Hearin!! Officer. Under this article. Hearing Officers shall have the power to: (1) Apply the rules for the conduct of quasi-iudicial hearings adopted by the City Commission. (2) Subpoena violators and witnesses for hearings. Subpoenas shall be served by the Police Department or by the city staff. or as provided by ordinance. (3) Subpoena evidence. (4) Take testimony under oath. (5) Assess and order the payment of fines as provided according to ordinance and statute. (6) Enter findings of fact. conclusions of law. and issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. (F) Attornev to Serve as Counsel. The City Attorney (or hislher designee) shall provide legal advice to City Staff. if requested. 3 ORD. NO. 34-06 (G) Authority to Initiate Enforcement Proceedine:s. Enforcement proceedings shall be initiated as a result of an observed violation by a code/law enforcement officer. Hearing Officers shall not have authority to initiate such enforcement procedures. (H) Enforcement Procedures: Contents and Services of Notices/Civil Violations. (1 ) A code/law enforcement officer who finds a violation of the code shall issue a notice stating that the violator has committed a violation of the code and shall specify a reasonable time period within which the violator must correct the violation. This determination shall be based on consideration of fairness, practicality, ease of correction, ability to correct, severity of violation, or nature, extent, and probability of danger or damage to the public, degree of nuisance to neighbors and neighborhood, and other relevant factors relating to the reasonableness of the time period prescribed. (2) A code/law enforcement officer is authorized to issue a citation to a person when, based upon hislher personal investigation, the inspector has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted section of the City's Code of Ordinances, the Minimum Housing Code, and the applicable Florida Building Code, as may be amended from time to time. (3) If, upon hislher personal investigation, a code/law enforcement officer finds that the person has not corrected the violation within the time period, a code/law enforcement officer shall issue a citation to the person or legal entity who has committed the violation. A code/law enforcement officer does not have to provide the violator with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code compliance officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. Unlicensed contractors, working under a stop work order, performing work without permits, tree abuse, illegal dumping, failure to secure a iob site during a hurricane warning, and similar situations do not require prior notice and may result in an immediate citation. (4) A citation issued by a code/law enforcement officer shall be in a form prescribed by the City and shall contain: a. The date and time of issuance. b. The name and address of the person or entity to whom the citation is issued. c. The date and time the civil infraction was committed. 4 ORD. NO. 34-06 d. The facts constituting reasonable cause. e. The number or section of the code violated. f. The name of the code/law enforcement officer. g. The procedure for the person or entity to follow in order to pay the civil penalty or to contest the citation. h. The applicable civil penalty if the person or entity elects to contest the citation and that the violator may be liable for costs associated with conducting the administrative hearing. 1. The applicable civil penalty if the person or entity elects not to contest the citation. 1. A conspicuous statement that if the person or entity fails to pay the civil penalty within the time allowed, or fails to file an appeal to contest the violation within 14 days of service of the notice, he/she shall be deemed to have waived their right to contest the citation and that, in such case, a finding may be rendered against the person for an amount UP to the maximum civil penalty. (5) After issuing a citation, the code/law enforcement officer shall deposit the original with the clerk of the code enforcement division. (6) Any person who willfully refuses to sign and accept a citation issued by a code/law enforcement officer shall be guilty of a misdemeanor of the second degree punishable as provided in Section 775.082, Florida Statutes, as amended, or Section 775.083, Florida Statutes, as amended. (7) All notices required by the code shall be provided to the alleged violator by certified mail, return receipt requested; overnight courier; by hand delivery by a law enforcement officer of the City, code enforcement officer, or other person designated by the City; or by leaving the notice at the violator's usual place of residence with someone residing at the residence above 15 years of age and informing such person of the contents of the notice; and may include posting at site of violation. (8) Such notice may be posted for at least 10 days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other which shall be, in the case of municipalities, at the primary municipal government office. Proof of posting 5 ORD. NO. 34-06 shall be by affidavit of the person posting the notice, which affidavit shall include a COpy of the notice posted and the date and place of its posting. Notice by posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (7). (9) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (7), together with proof of posting as provided in subsection (8), shall be sufficient to show that the notice requirements of the code have been satisfied, without regard to whether or not the alleged violator actually received such notice. (I) Civil Penalties: Anneals: Failure to Pay/Correct. (1) Civil penalties assessed pursuant to this Article are due and payable to the City on or before the last day of the period allowed for the filing of an administrative hearing before a hearing officer or in any event no later than 14 days after the issuance of the notice, or if proper appeal is made, when the appeal has been finally decided if in a manner adverse to the cited violator. (2) A violator who has been served with a civil infraction notice shall elect either to: a. Pay the civil penalty in the manner indicated on the infraction notice, and correct the violation within the time specified on the notice: or b. Request an administrative hearing before a hearing officer to appeal the determination of the code enforcement officer, which resulted in the issuance of the civil infraction notice. (3) An appeal for administrative hearing shall be accomplished by filing a request in writing to set the hearing for review and mailed to the code enforcement clerk or hislher designee or to the address indicated on the notice, with a postmark indicating that it was marked not later than 14 days after the service of the citation notice. (4) If the named violator, after notice, fails to pay the civil penalty and correct the violation (within the time specified), or to timely request an administrative hearing before a hearing officer, such failure shall constitute a waiver of the violator's right to an administrative hearing before a hearing officer. A waiver ofthe right to an administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. The civil penalty shall be an accruing fine amount which will be assessed daily for continuing violations which have not been corrected. 6 ORD. NO. 34-06 (J) Schedulin2 and Conduct of Appeal Hearin2. (1) Upon receipt of a named violator's timely request for an administrative hearing, the code/law enforcement officer or his/her designee shall set the matter down for hearing on the next available re!:!ularly scheduled hearing date or as soon thereafter as possible. (2) City staff shall send a notice of hearing by certified and regular mail to the violator at the last known address or the address contained on the appeal. The notice of hearing shall include the place, date and time of the hearin!:!, as well as a COPy of the civil violation notice. (3) An informational statement shall include: a. Right of violator to be represented by an attorney. b. Right of violator to present witnesses and evidence. c. Notice that failure of violator to attend hearing may result in civil penalty being assessed in absence of the violator. d. Notice that requests for continuances will not be considered if not received in writing by the code compliance officer at least five calendar days prior to the date set for hearing. e. Right to have a court reporter present at the violator's own expense. (4) The Hearing Officer shall conduct hearings on a regularly scheduled monthly basis, depending on the number of appeals, or more frequently upon request of the City Manager or his/her designee. No hearing shall be set sooner than twenty (20) days from the date of service of the notice of infraction. (5) A hearing date shall not be considered postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writin!:! by the hearing officer at least five (5) calendar days prior to the date set for the hearing. A decision shall be made at least two (2) working days before the meeting. (6) All hearings of the Hearing Officer shall be open to the public. All testimony shall be under oath. Assuming proper notice, a hearing may proceed in the absence of the named violator. (7) The proceedings at the hearing shall be recorded electronically or by a court stenographer and may be transcribed at the expense of the party requesting the transcript. 7 ORD. NO. 34-06 (8) The Code Enforcement Clerk shall provide clerical services as may be reasonably required by each Hearing Officer for the proper performance of their duties. (9) Each case before a Hearing Officer shall be presented by the City staff. (10) The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses, but fundamental due process shall be observed and shall govern the proceedings. Any relevant evidence shall be admitted if the Hearing Officer finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision unless the evidence would be admissible over obiections in a civil action. (11) Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called that witness to testify, and to offer rebuttal of the evidence. (12) The Hearing Officer shall make findings of fact and conclusions oflaw based on the evidence of record. In order to make a finding upholding the code enforcement officer's decision, the Hearing Officer must find that the preponderance of the evidence indicates that the named violator was responsible for the violation of the relevant section of the Code. The initial burden of proof shall be with the City to show by the greater weight of evidence that a code violation exists and that the alleged violator committed, or was responsible for maintaining or permitting the violation to continue. Once this burden has been met. it shall be the responsibility of the violator to rebut the evidence submitted by the City. (13) The time for correction given by the code/law enforcement officer to the named violator and contained in the notice of violation is rebuttably presumed to have been a reasonable time for correction. Upon presentation of relevant evidence by the named violator that the time for correction was not reasonable, however, the Hearing Officer may make a predetermination as to the time period being insufficient. If the Hearing Officer determines that the time given for correction was insufficient. the penalty for a continuing violation shall be calculated from the date determined by the Hearing Officer to be reasonable time for correction. (14) If the named violator is found guilty of the violation, he/she may be held liable for the reasonable cost of the administrative hearing, at the discretion of the Hearing Officer. (15) After all evidence has been submitted and all testimony heard, the Hearing Officer shall issue findings of fact and conclusions of law orally, at the hearing, which shall then be incorporated in a written order affording the proper relief consistent with the powers granted in this chapter. Such order may command a violator to take whatever steps are necessary to bring a 8 ORD. NO. 34-06 violation into compliance by the date announced at the meeting and subsequently placed in the order. The order shall be announced orally at the meeting and within five (5) working days subsequent to the hearing shall be reduced to writing and mailed to the violator. (16) The order of the Hearing Officer may require the violator to pay a fine according to the civil violation schedule. including administrative charges. Fines for repeat violations may be doubled. (17) In determining any reduction of the fine. the Hearing Officer may consider the following factors: 1. The gravity of the violation. 2. Any actions taken by the violator to correct the violation. 3. Any previous violations committed by the violator. (18) The Hearing Officer may reduce or eliminate a fine provided good cause is shown for such reductions. (K) Civil Penalties and Related Terms Construed. (1) Penalties for violations of the provisions to be enforced through this ordinance shall be in the amounts prescribed in the schedule of civil penalties contained in Subsection (0) of this ordinance. (2) For each day of a continued violation. an additional penalty in the same amount as that prescribed for in the original violation shall be added. (3) For the first repeat violation. the amount of the civil penalty shall be double the amount of the penalty prescribed for the original violation in Subsection (0) of this ordinance. The amount of civil penalty due for each subsequent repeat violation shall be double the amount of penalty due for the first day of the immediately preceding violation. provided that the maximum penalty 1Jayable for any repeat violation shall be $500.00. (4) A repeat violation which remains uncorrected beyond the time prescribed for correction in the citation shall be treated as a continuing violation. and the additional penalty for each day of continued violation shall be double the amount due for the first day of the repeat violation. except as noted in (3) above. (5) Continuing violation penalties shall accrue from the date of correction given in the citation until the correction is made or until a request for administrative hearing is filed. whichever 9 ORD. NO. 34-06 comes first. If the named violator requests an administrative hearing and loses the appeal, the Hearing Officer shall determine a reasonable time period within which correction of the violation must be made. based on the considerations set forth in Subsection (n!? of this ordinance. If correction is not made within the period set by the Hearing officer. continuing violation penalties shall begin to accrue again after the time for correction has run. (6) Civil penalties assessed pursuant to this chapter are due and payable to the City on the last day ofthe period allowed for the filing of an appeal from the hearing officer's decision. or. if a proper appeal is made. when the appeal has been finally decided adversely to the named violator. (L) Recovery of Unpaid Civil Penalties: Unpaid Penaltv to Constitute a Lien: Foreclosure. (1 ) The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties. (2) A certified copy of an order imposing a civil penalty shall be recorded in the public records and thereafter shall constitute a lien against the property on which the violation exists and upon any other real or personal property owned by the violator; upon petition to the circuit court. such order may be enforced in the same manner as a court judgment by the sheriffs of this state. including levy against the personal property. but such order shall not be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this ordinance shall continue to accrue until the violator complies or until judgment is rendered in a suit to foreclose a lien filed pursuant to this chapter. whichever occurs first. After three (3) months from the date of filing of any such lien which remains unpaid. the City may foreclose or otherwise execute the lien. (3) No lien provided under this ordinance shall continue for a period longer than twenty (20) years after the certified COpy of an order imposing a fine has been recorded. unless within that time an action to foreclose on a lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien. the prevailing party may recover interest and all costs. including a reasonable attorney's fee. incurred in the foreclosure. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice. unless a notice of lis pendens is recorded. (M) Appeal of Order. (1) An aggrieved party. including the City. may appeal an order of a Hearing Officer to the appellate division of the Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Hearing Officer. An appeal shall be filed within thirty (30) calendar days of the issuance of the order sought to be overturned. Failure 10 ORD. NO. 34-06 to make such appeal within the prescribed 3D-day period shall render the findings of the Hearing Officer conclusive, binding and final. (2) Unless the findings of the Hearing Officer are overturned in a proceeding held pursuant to this ordinance, findings of the Hearing Officer shall be admissible in any proceeding to collect unpaid penalties. (3) No aggrieved party other than the City may apply to the court for relief unless such party has first exhausted the remedies provided for in this ordinance and has taken all available steps provided in this ordinance. It is the intention of the City that all steps provided by this ordinance shall be taken before any application is made to the court for relief; and no application shall be made by any aggrieved party other than the City to a court for relief except from an order issued by a Hearing Officer pursuant to this chapter. It is the intention of the City that, notwithstanding anything in this ordinance to the contrary, the City shall retain all rights and remedies otherwise available to it to secure compliance with or prevent violations of the code. For purposes of an appeal, the code enforcement clerk shall make available. for public inspection and copying, the record upon which each final order of a Hearing Officer is based. The Code Enforcement Clerk shall make a reasonable charge commensurate with the cost for the preparation of the official record on appeal and transmittal thereof to the circuit court for making certified copies of any records or portion thereof. (N) Provisions Contained Herein are Supplemental. Nothing contained in this ordinance shall prohibit the City from enforcing its code by any other means. The enforcement procedures outlined herein are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of this code. (0) Additional Enforcement Powers. In addition to the powers and authority given to the City and Hearing Officers pursuant to this ordinance. the City may. in its discretion, exercise any powers given to municipalities by Florida Statute. Chapter 162. as amended. and all other municipal powers. (P) Schedule of Civil Penalties. (1 ) The schedule of civil penalties. as may be amended from time to time by resolution of the City, shall be the same as set forth in Section 0 of this ordinance. Repeat violations are doubled. (2) For violations of any section of this code for which a specific penalty is not prescribed in Section O. a penalty shall be imposed which shall not be less than $25.00 nor more 11 ORD. NO. 34-06 than $500.00 per day for a repeat violation. For the purposes of continuing violations. each day shall constitute a separate violation. (0) Civil Penalties: Code Section Description of Violation Civil Penaltv Non-Contested Contested CITY CODE OF ORDINANCES GARBAGE AND TRASH 51.02 Dumping on private property is prohibited $200 $275 51.03 Garbage placed in containers $150 $225 51.20 (A) and (B) Removal of building materials- owner's responsibility $100 $175 51.22 Vegetative waste collection $100 $175 51.23 Bulk trash collection $100 $175 51.35 - 51.40 Required and approved trash containers. roll-offs. maintenance. replacement $100 $175 51.41-51.44 Garbage preparation; use of containers $ 50 $125 51.45 Construction receptacles $150 $225 51.55 - 51.59 Special refuse; recycling $100 $175 All other violations of Section 51 $100 $175 ABANDONED PROPERTY JUNK. TRASH & DEBRIS 90.02 Allowing wrecked. dismantled. unlicensed or inoperable vehicles or vessels on public property $150 $225 90.03 Allowing wrecked. dismantled. unlicensed, inoperable vehicles or vessels on private property $150 $225 90.07 Allowing repair work outside an enclosed building; storage of dismantled vehicles $150 $225 90.16 Operating iunk yard without obtaining required permits $250 $325 All other Section 90 violations $100 $175 FIRE SAFETY 96.02 Inspection required $100 $175 96.04 Open burning prohibited $200 $275 96.05 (c) Obiects within 5' of fire hydrant $150 $225 12 ORD. NO. 34-06 96.08 (B) (C) Storage, discharge or release of hazardous wastes $100 $150 96.16 Adoption ofN.F.P.A. - any other violation ofN.F.P.A. $150 $225 GARBAGE ON PRIVATE PROPERTY 98.03 (A) Unlawful deposit of garbage $150 $225 98.03 (B) Unlawful accumulation of garbage $150 $225 LITTER ON PRIVATE PROPERTY 98.04 (A) Unlawful deposit of litter $150 $225 98.04 (B) Unlawful existence of litter $150 $225 98.04 (C) Property to remain free of litter $150 $225 LITTER ON BUSINESS 98.05 (A) Unlawful deposit of litter in business $150 $225 98.05 (B) Unlawful existence of litter in business $150 $225 LITTER IN PUBLIC PLACE 98.06 Unlawful to throw or deposit litter in a public place $250 $325 LITTER ON STREET 98.07 (A) Unlawful deposit of litter on sidewalk, parking area, right-of-way or street $250 $325 98.07 (B) Unlawful existence of litter on sidewalk, parking area, right-of-way, or street $150 $225 LITTER ON VACANT LOTS 98.08 (A) Unlawful deposit of litter on private property $150 $225 98.08 (B) Unlawful existence of litter on private property $150 $225 LITTER IN PARKS 98.09 Unlawful deposit of litter in parks $150 $225 13 ORD. NO. 34-06 LITTER IN WATER 98.10 Unlawful to deposit litter in water $150 $225 98.20 Unlawful to throw or scatter litter on street, sidewalk. alley. public or private property $150 $225 THROWING LITTER FROM VEHICLES 98.21 Unlawful for driver or passenger to throw or deposit litter on any street. public place. or private property $150 $225 VEHICLES TRANSPORTING REFUSE OR LOOSE MATERIALS 98.22 (A) Loose materials blowing or dropping from vehicles $200 $275 98.22 (C) Required water tight vehicle to prevent odors and spillage $250 $325 98.23 Unlawful dropping litter from aircraft $250 $325 98.23 (A) Waste tire dumpster required to register $250 $325 98.23 (B) License required for waste tire collection $250 $325 98.23 (C) (1) Transporting tires without license $250 $325 98.23 (C) (2) Giving false identification $100 $175 98.23 (C) (3) Unlawful subcontracting $200 $275 All other sections of Chapter 98 $100 $175 NOISE CONTROL 99.03 It shall be unlawful for any person to make. continue. or cause to made any noise disturbance $150 $225 99.04 (1) It shall be unlawful to permit to be played any radio. musical instrument. phonograph. or other device used to produce sound that for purposes of entertainment a. If the noise source is located within an automobile. in or on a public access area and can be heard 50' from the source. or 100' if within a building $200 $275 b. If the sound violates the decibel level established by ordinance $200 $275 99.04 (2) Loud speakers/Public address systems $200 $275 14 ORD. NO. 34-06 99.05 Sound levels by land use $200 $275 All other violations of Sec. 99 $150 $225 GENERAL REGULATIONS 100.01 (A)(l) Unlawful existence of weeds. undergrowth. brush trash or garbage on property $150 $225 100.01 (A)(2) Unlawful existence of weeds. grass. plant life over 12" high $150 $225 100.01 (A)(3) Unlawful existence of vegetative trash mixed with other refuse $150 $225 100.01 (A)(4) Unlawful accumulations of bulky. heavy. unbundled or uncontainerized items $150 $225 100.01 (B) The existence of vegetation trees and shrubs that impairs traffic safety is prohibited $250 $325 100.01 (C) The existence of any vegetation. trees or shrubs that interferes with street lights. signs. sidewalks or other public improvements is prohibited $200 $275 100.01 (D) The adioining public right-of-way must be maintained $150 $225 100.01 (E) Pyramid or similar type markers are prohibited $150 $225 100.02 Unlawful debris. vegetation. high structure on property which may create a hazard in times of hurricane $250 $325 100.03 Unlawful accumulation of sand. rock. debris. or spoil on lot $100 $175 100.04 Seawall repair is required on all properties adiacent to sand. stream. or body of water $150 $225 100.05 (A) (B) Unlawful to maintain standing water where mosquitoes may breed $150 $225 100.06 (A) (B) Unlawful excavation which is in dangerous or unsafe condition: declared a nuisance $250 $325 100.07 (A) Any portion of a lot not covered with a building. structure. parking area. or walkway shall be sodded or covered with appropriate ground cover $100 $175 100.07 (B) All landscape materials shall be maintained in a healthy condition $100 $175 EXTERIOR BUILDING WALLS 100.08 (A) All building walls shall be maintained in a secure 15 ORD. NO. 34-06 and attractive manner. All defective material shall be repaired. All loose materials, cornices, trim and window frames shall not be deteriorated, shall be structurally sound, and exposed materials shall be painted All other violations of Section 100 $100 $100 $175 $175 DOGS ON THE BEACH 101.27 (B) No person shall bring into any park or municipal beach site, any cat, dog or other animal without a permit from the Parks and Recreation Department $100 $175 STREETS AND SIDEWALKS - CONSTRUCTION, EXCAVATION, AND REPAIR 102.01 (A) (B) Construction in right-of-way (permit required) $100 $175 102.17 Construction on street (permit required) $100 $175 102.20 Construction standards for public r-o-w $100 $175 102.40 Standards for movable newsracks $100 $175 102.42 Certificate of compliance for newsrack $ 50 $125 102.43 N ewsrack standards $100 $175 102.44 Prohibited locations/site triangle requirement $250 $325 102.46 Abandonment $150 $225 All other violations of Sec. 102 $100 $175 OCCUPATIONAL LICENSE 110.02 Occupational license required $100 $175 110.08 State license required $100 $175 110.113 Commercial vehicles - required name (4") to be displayed $100 $175 110.116 Failure to get pre-inspection required for new business $ 75 $150 All other violations of Section 110 $100 $175 ALARMS 112.21 Failure to get alarm registration $ 50 $125 112.23 Failure to display alarm decal $ 50 $125 112.26 Failure to respond/verify alarm malfunction $ 75 $150 112.27 Multiple malfunction violations 15t offense $ 0 $ 0 16 ORD. NO. 34-06 2nd offense $ 0 $ 0 3rd offense $ 0 $ 0 4th offense $ 25 $ 50 All other violations of Section 112 $100 $175 HANDBILLS/SOLICITING 118.02 Unlawful distribution of handbills $100 $175 118.03 Unlawful soliciting and peddling $100 $175 118.06 Failure to obtain an occupational License for soliciting $100 $175 All other violations for Section 118 $100 $175 SKATEBOARDING 132.09 Unlawful skateboarding/roller skating on sidewalk along Atlantic Avenue between State Road A-1-A and 1-95 $100 $175 All other sections of Citv Code not mentioned $100 $175 17 ORD. NO. 34-06 CITY LAND DEVELOPMENT REGULATIONS 4.3.2 (A) - (C) Use Determination - Allowed and incompatible uses $200 $275 4.3.3 (A) - (Z) Special Uses/District Regulations $200 $275 4.3.4 (A) - (K) Development Standards Setbacks: lot coverage: density: zoning matrix $100 $175 4.4.2 - 4.4.28 Permitted Uses $250 $325 SIGNS 4.6.7 (D)(2) Garish signs $100 $175 4.6.7 (E)(1) Permits required for signs $100 $175 4.6.7 (F) Sign area, height, setbacks $100 $175 4.6.7 (J) Prohibited signs $150 $225 All other violations of Section 4.6.7 $100 $175 LIGHTING 4.6.8 (A)(1 )-(4) Lighting requirements, height. lighting illumination standards $100 $175 PARKING 4.6.9 (8)(1 )-(5) Parking required $150 $225 4.6.9 (C) (1) Parking design $150 $225 4.6.9 (C) (2) Residential uses (spaces req' d) (a) Single family $ 50 $125 (b) Duplexes $ 75 $150 (c) Mulit-family $100 $175 ( d) Guest parking $ 50 $125 4.6.9 (C) (3) Commercial uses $150 $225 4.6.9 (C) (4) Office uses $150 $225 4.6.9 (C) (5) Industrial uses $150 $225 4.6.9 (C) (6) Recreational/Community Facilities $150 $225 All other violations of Section 4.6.9 $150 $225 4.6.10 Off loading requirements $150 $225 4.6.11 Outside storage of materials, supplies, products, and vehicles shall only be allowed if specified in the district $250 $325 4.6.13 (A) Parking and storage of commercial vehicles, boats, trucks, and similar vehicles in a 18 ORD. NO. 34-06 residential district $250 $325 4.6.13 (B) Truck parking - residential zones - prohibited boat, trailer, RV storage in residential zones $250 $325 4.6.14 Site triangle visibility of intersections $250 $325 4.6.15 Pool enclosures, requirements $250 $325 LANDSCAPING 4.6.16 (A) General requirements $100 $175 4.6.16 (B) Applicability $100 $175 4.6.16 (C) Compliance. review $100 $175 4.6.16 (D) Site plan requirements $150 $225 4.6.16 (E) Design standards $100 $175 4.6.16 (F) Irrigation requirements $100 $175 4.6.16 (G) Prohibited species $150 $225 4.6.16 (H) Minimum requirements (1) Single Family (new) $ 50 $125 (2) Duplex (new) $ 75 $150 (3) Multi-Family, Commercial. Industrial (new) $150 $225 (4) Multi-Family, Duplex, Commercial. and Industrial (existing) $100 $175 (5) Sight distance reQ'd (ref. sec. 4.6.14) $250 $325 4.6.16 (I) Minimum requirements ( 1) General $100 $175 (2) Pruningfhatracking $200 $275 4.6.17 Soil erosion (all sections) $100 $175 5.1 Subdivision Regulations (all sections) $100 $175 5.3 Right of Way Dedication (all sections) $100 $175 WORK IN PUBLIC RIGHT-OF-WAY 6.3.2 Permit required for work in public right-of-way $100 $175 SIDEWALK CAFE REQUIREMENTS 6.3.3 (A) Permit required $100 $175 6.3.3 (F) Design Guidelines 6.3.3 (F) (1) - (13) Path of egress. no table zones. hours of operation, cleanliness. etc. $150 $225 19 ORD. NO. 34-06 BUILDING REGULATIONS 7.1.2 Required plans and permit $100 $175 7.1.3 Florida Building Code (all sections) $100 $175 7.1.3 (B)(1)-(4) Florida Building Code Standards $100 $175 7.1.4 Property Maintenances: Building Standards 7.1.4 (C)(1) Buildings $150 $225 (a) (b) Safety $150 $225 7.1.4 (C)(2) Debris/Storage on partially vacant lot $150 $225 7.1.4 (D) (1) Hurricane precautions (a) Required canvas awnings, tents to be removed $150 $225 (b) Construction materials to be secured $250 $325 ( c) Outdoor furniture and materials to be secured $250 $325 7.1.4 (D) (2) (b) Required repairs after hurricane (unsafe structure) $250 $325 7.1.5 (B) (1) (2) Required numbers on buildings $100 $175 7.1.5 (C) Required display and size of numbers - visible from street $ 50 $125 7.1.7 Seawalls required to be in good repair $100 $150 ELECTRICAL CODE 7.2.1 (A) (1 )(2) Required electrician for work $100 $175 7.2.1 (A) (1 )(3) Required sign electrician for work $100 $175 7.2.1 (B) National Elec. Code and National Fire Code adopted by reference violations $100 $175 7.2.1 (C) Allowing another person to obtain permit or do work under your license $200 $275 7.2.2 (A) (1) (2) and (3) Required plans and installation methods $100 $175 7.2.2 (8) Concealing work before final $150 $225 7.2.2 (C) Using non-approved apparatus/fixtures $200 $275 7.2.5 (C) Interfering with enforcement $150 $225 All other Section 7 violations $100 $175 BUILDING MAINTENANCE 7.8.3 Buildings shall be maintained by Owner $100 $175 20 ORD. NO. 34-06 STANDARD HOUSING CODE THROUGH LDR SECTIONS 7.4.1 AND 7.8.3 101.4.1 - 101.4.4 Repairs required on existing buildings $100 $175 101.6 Maintenance of buildings; safeguards; owner responsible $100 $175 103.2 Unsafe residential buildings to be repaired or demolished $250 $325 301 Occupying or allowing occupation of a substandard building $150 $225 302.1 - 302.4 Required sanitary & plumbing facilities $100 $175 302.5.1 - 302.5.6 Required heating facilities $100 $175 302.6 Required kitchen facilities $100 $175 303.1 Required windows $100 $175 303.2 Required ventilation $100 $175 303.3 Required bathroom ventilation $100 $175 303.4 Required electrical outlets $100 $175 305.1 - 305.23.2 Doors, windows and screen requirements $100 $175 306.1 - 306.4 Minimum space requirements $100 $175 307.1 - 307.6 Sanitation requirements for multi-family $150 $225 308.1 - 308.7 Rooming house requirements $150 $225 309.1 - 309.6 Dangerous dwellings $250 $325 All other sections of Standard Housing Code not mentioned $100 $175 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are Section 5. and final reading. That this ordinance shall become effective immediately upon its passage on second 21 ORD. NO. 34-06 of PASSED AND ADOPTED in regular session on second and final reading on this the ,2006. day MAYOR ATTEST: CITY CLERK First Reading Second Reading 22 ORD. NO. 34-06 ~c*- FROM: SUBJECT: DAVID T.~~ ~~AGER PAUL DORLlNG, D1RECTceJF?PLANNING AND ~ONING JASMIN ALLEN, PLANNER ....J fa.; /~p'e\ (]1J3~ MEETING OF JUNE 6, 2006/ REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR LOTS 11 AND 23, BLOCK 6, ATLANTIC GARDENS, LOCATED APPROXIMATELY 57 FEET NORTH OF SW 2ND STREET, BETWEEN SW 11TH AVENUE AND SW 12TH AVENUE TO: THRU: The proposed rezoning involves two lots (Lots 11 and 23, Block 6, Atlantic Gardens~, totaling 0.314 acres. The parcels are owned by the City of Delray Beach. Lot 11 (141 SW 12h Avenue) was formerly used as a police sub-station and Lot 23 is vacant. The City is converting the former police sub-station building to a community center for the Neighborhood Resource Center. The Neighborhood Resource Center is designed to assist residents with building stronger, safer communities by empowering residents through workshops to build leadership skills and providing other assistance. The proposal includes the construction of an off-site parking lot on the adjacent vacant lot to the east (Lot 23). The subject properties are zoned RM (Medium Density Residential) which does not allow community centers as either a principal or conditional use. The proposed rezoning to CF (Community Facilities) would allow community uses, such as community centers and public parking lots as a principal (permitted) use. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony in support of, or opposition to the proposal. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend to the City Commission approval of the rezoning, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations. Move approval of the rezoning from RM to CF, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations, with second reading to occur on June 20, 2006 Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of May 15, 2006 )~ ORDINANCE NO. 32-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MEDillM DENSITY RESIDENTIAL (RM) DISTRICT TO COMMUNITY FACILITIES (CF) DISTRICT; SAID LAND BEING TWO PARCELS LOCATED APPROXIMA TEL Y 57 FEET NORTH OF SW 2ND STREET AND EXTENDING BETWEEN SW 11TH AVENUE AND SW 12TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated March 2006, as being zoned Medium Density Residential (RM) District; and WHEREAS, at its meeting of May 15, 2006, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of Community Facilities (CF) District for the following described property: Lots 11 and 23, Block 6, Atlantic Gardens Plat Book 14, Page 63 of the Public Records of Palm Beach County, Florida Section 3" That the Planning and Zoning Director of the said City shall, upon the effective date ofthis ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_" ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 32-06 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: May 15, 2006 IV. B. City Initiated Rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for Lots 11 and 23 Block 6, Atlantic Gardens, located approximately 57 feet north of SW 2nd Street and extending between SW 11th Avenue and SW 1ih Avenue for the Delray Beach Neighborhood Resource Center. (Quasi-Judicial Hearing). \ l~ I--H--J F \ lit I 12N0 E == ST. E ~~ g~ gl S =t= _ t:1=:J t' --I-- r-r- ~ -.-J t --I- r- ~ I- \;Ei'---IN.W. i~II'ST 1=3 '- \~t= ~ ~ ~::I: t= = = ;- ~ Z :::::::::i ......... ~ATLANTlC AVE:NUE _ 0IillI0 ;= . ATLANTIC AVENUE / MW~%~ks __ ii~ililiiii! ~ S.W. 1ST ST. Owner/Applicant........................ . Applicant..................... ........... .... Location.............................. ........ City Of Delray Beach City of Delray Beach Approximately 57 feet north of SW 2nd Street and extending between SW 11 th Avenue and SW 1ih Avenue 0.314 Acres MD (Medium Oensity Residential) RM (Medium Density Residential) North: RM - Single family and multiple family residences East: RM - Single family residences /vacant South: RM - Single family residences/vacant RM - Single family residences Police Sub-Station (vacant) Neighborhood Resource Center Water Service............................. Existing on site. Sewer Service............................. Existing on site. Property Size.............................. Future Land Use Map................ Current Zoning............................ Adjacent Zoning & Uses: West: Existing Land Use...................... Proposed Land Use.................... t~i!' f...-.. -- f...- 5 % % - 2 ~ -w .... " S.W. 2ND ST. I! ~ I! " .; .; / ~I c_ _ I! % :-... :;- -- .- ~T j lSw, ~ ~~ -- -~ = .-I-~ __ cl-- ~ -- I-- I- --i!'I--~ ~ JR ST~ '" :> z ~ .. DELRA Y FULL SERVICE CENTER ! :> .. S.W. 4TH ST. 'j"BURN ORetE ~ ~ w ~ g o ~. -- J---I-- . I-- ~~l-- ~ L.........;.w~l.,.,--- 1 ~ / ~RN OR. IV. B. The item before the Board is that of making a recommendation to the City Commission on a rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the Delray Beach Neighborhood Resource Center. The subject property is located north of SW 2nd Street and extends between SW 1 ih Avenue and SW 11th Avenue and contains 0.314 acres. The proposal incorporates the following: Lots 11 and 23, Block 6, Atlantic Gardens Plat Book 14, Page 63 of the Public records of Palm Beach County, Florida The parcels are owned by the City of Delray Beach. The western parcel (141 SW 12th Avenue) was formerly used as a police sub-station. The eastern parcel is vacant. The City is proposing converting the former police sub-station building to a Neighborhood Resource Center. The Neighborhood Resource Center will be a community center, designed to assist residents with building stronger, safer communities by empowering residents through workshops to build leadership skills and providing assistance to residents that is tailored to the needs of the community. The proposal also involves the construction of an off-site parking lot on the adjacent vacant lot to the east that fronts on SW 11 th Avenue. The RM zone district does not allow community centers as either a principal or conditional use, thus a rezoning application is being processed by the City to change the zoning designation from RM (Medium Density Residential) to CF (Community Facilities) and is now before the Board for action. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. o Future Land Use Map - The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. P&Z Board Staff Report Rezoning from RM to CF for Delray Beach Neighborhood Resource Center Page 2 The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac). Pursuant to LOR Section 4.4.21, the CF (Community Facilities) zoning district is a special purpose zoning district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public and private purposes. Pursuant to LOR Section 4.4.21 (B)(2) within the CF zoning district community, such as, civic centers, community centers, community theatre, cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and garages are principal (permitted) uses. The proposed CF (Community Facilities) zoning designation is deemed consistent with all Future Land Use Map designations. Thus, based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. o Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered with respect to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. Drainaae: With the rezoning request, drainage plans are not required. No drainage problems have been identified with the existing building and with development of the proposed parking lot, a drainage plan will be required. No problems are anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: The facility was previously utilized as a police sub-station and neighborhood resource office. The proposed use as a neighborhood community center will generate approximately 53 daily trips with seven (7) a.m. peak and six (6) p.m. peak trips. The neighboring street system can absorb this level of traffic and no problems are anticipated. Parks and Recreation: Non-residential uses are not considered to have an impact on the City's Parks and Recreation facilities. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the proposed community center would generate 13.6 tons of waste annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. o Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. P&Z Board Staff Report Rezoning from RM to CF for Delray Beach Neighborhood Resource Center Page 3 Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The future redevelopment of the property as a neighborhood resource center will be compatible with the adjacent land uses, which consist of single family residences to the west and south, single family and multi-family residences to the north, and single family residences to the east. The most significant impact resulting from a community center use relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site. LOR Section 4.6.9 (C)(6)(a) requires auditoriums, meeting places such as civic centers, to provide 0.3 of a parking space for each seat or 1 space for each 50 sq. ft. of total floor area whichever is greater. Based upon this requirement a total of 47 spaces would be required and 10 spaces are to be provided. It is noted, this is a neighborhood center which serves the adjacent neighborhood so there should be significant pedestrian traffic. Given the neighborhood character and scale of the facility a significant reduction in parking could be supported during the site plan approval process. Pursuant to LOR Section 4.6.9(F){1), a reduced number of parking spaces can be approved by the Site Plan Review and Appearance Board if it is demonstrated that the specific use requires less than the stated required parking. This item will be more fully addressed during the site plan review process. Future Land Use Element Policv C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area # 1 (northwest quadrant). Sub-area #1 encompasses the northwestern section of the study area, extending from 1-95 to 8th Avenue, and from Atlantic Avenue to SW 3rd Street. The Southwest Area Neighborhood Redevelopment Plan calls for major physical changes in P&Z Board Staff Report Rezoning from RM to CF for Oelray Beach Neighborhood Resource Center Page 4 the northwest quadrant with development of a neighborhood serving commercial activity center along Atlantic Avenue, and a mixture of multi-family and single family homes and neighborhood green spaces. The Plan also calls for the development of cottage-style single family homes with common parking clustered around the neighborhood greens at the SW 2nd Street and SW 1 ih Avenue intersection. However, this is a general design concept and not a site specific recommendation. Given the fact that Lot 11 (141 SW 1ih Avenue) has been under the ownership of the City since 1992; has been utilized as a neighborhood /civic facility, and will be utilized as a neighborhood facility, the proposed development of these parcels in this manner is consistent with the general initiatives identified in the Southwest Area Neighborhood Redevelopment Plan. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C- 1.7 Future Land Use Element Policv C-4.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infiU development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the study area of the downtown as defined by the Downtown Delray Beach Master Plan and is more specifically located within the West Atlantic Neighborhood. As the Downtown Master Plan primarily focus on properties zoned CBD (Central Business District), the Master Plan does not address the subject property. Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed site is located in an established residential neighborhood and will serve the needs of the surrounding neighborhood. It is anticipated that most people will walk to the facility although a total of 10 spaces are proposed on the adjacent Lot 23. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. o Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. P&Z Board Staff Report Rezoning from RM to CF for Delray Beach Neighborhood Resource Center Page 5 Under the CF regulations a 10' perimeter building setback is required. Further, if the property is adjacent to residential zoning, the perimeter setback is increased to 15' which is required to be landscaped; or, as an alternative, a wall, decorative fencing or hedging is required. As the existing building's setback is 9' from the adjacent residentially zoned properties (i.e. north and south property lines), a wall, decorative fencing or hedging must be provided. This item must be addressed during the site plan review process. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. STANDARDS FOR REZONING ACTIONS: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings noted in LDR Section 2.4.5{D) (5) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LDR Section 3.2.2: Standards A, 8, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Zonina Desianation: Use: North: Medium Density Residential (RM) Single Family and Multiple Family residences Single Family ResidenceNacant Single FamilyNacant Single Family Residences South: East: West: Medium Density Residential (RM) Medium Density Residential (RM) Medium Density Residential (RM) The proposal will rezone the 0.314 acre subject property from RM to CF for a neighborhood community center which will serve as a neighborhood activity center and provide vital community services as identified in the project description. The property is bordered on the north, south, east and west by properties zoned RM, which accommodates a mix of single family and multiple family residences. The most significant impact of the proposed development will be on the residences located immediately to the north and south of the subject property. Concerns with compatibility with the adjacent properties to the north and south may be mitigated by the provision of a wall or hedge 4 ~ ' height at the time of planting and trees 25' on center along these property lines. The community center replaces the former police sub-station (which also served as a neighborhood activity center) which has co-existed with the neighborhood for many years. Therefore, this rezoning proposal will not be introducing significantly different type of use to the area. Based upon the above, a positive P&Z Board Staff Report Rezoning from RM to CF for Delray Beach Neighborhood Resource Center Page 6 finding can be made with regard to LOR Section 3.2.2(0), that the proposed rezoning will not result in adjacent incompatible land uses. LDR Section 2.4.5(D) (5): In addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning is being sought. These reasons include the following: A. That the zoning had previously been changed, or was originally established, in error; B. That there has been a change in circumstances which make the current zoning inappropriate; or C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted relates to "c" in that the parcel at 141 SW 12th Avenue has been used as a civic/public facility for many years. The change to CF will legitimize the adaptive re-use of the building thus allowing for the facility to continue to impart services to the neighborhood. The CF zone district was created as a special purpose district that is intended to permit uses that serve public or semi-public purposes. Under these circumstances the rezoning to CF is more appropriate. Based upon the above, a positive finding with respect to LOR Section 2.4.5{D)(5) can be made. Community Redevelopment Aaency (CRA): At its meeting of May 11, 2006, the CRA reviewed the proposed rezoning and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: . Neighborhood Advisory Council . PROD . Atlantic Park Gardens HOA . President Council The proposed rezoning from RM (Medium Density Residential) to CF (Community Facilities) designation is supportable given the history of the site as a civic/public building which should P&Z Board Staff Report Rezoning from RM to CF for Delray Beach Neighborhood Resource Center Page 7 have been accommodated under the CF zoning district. Positive findings can be made with respect to LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), LOR Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, this rezoning can be recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated request for rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and meets the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the City initiated request for rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and Southwest Area Neighborhood Redevelopment Plan, and does not meet the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of approval to the City Commission for the City initiated request for rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and Southwest Area Neighborhood Redevelopment Plan, and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. 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I took out all references to gasoline stations since state law does preempt it pursuant to Senate Bill 2386. This revised draft should be substituted for the earlier draft that was sent over and should be able to go on the agenda for first reading tonight since it was not published. Thanks. Terrill C. Barton, Assistant City Attorney 200 NW 1 st Avenue Delray Beach, FL 33444 (561) 243-7090 6/6/2006 .Y\:r~ ~\\~ <\:)\d\~W\UL N~' 3<5-0lofr~ l~~ ORDINANCE NO. 35-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, CHAPTER FOUR "ZONING REGULATIONS", BY ENACTING A NEW SUBSECTION 4.3.3(LL), "KIDNEY DIALYSIS CENTERS"; BY ENACTING A NEW SUBSECTION 4.3.3(LLL), "PHARMACIES"; BY ENACTING A NEW SUBSECTION 4.3.3(MM), "GROCERY STORES"; BY ENACTING A NEW SECTION 4.3.3(00), "MULTIFAMILY RESIDENTIAL BUILDINGS EQUIPPED WITH ELEVATORS"; BY ENACTING A NEW SUBSECTION 4.3.3(000), "CLUBHOUSES AND COUNTRY CLUBS", ALL TO PROVIDE THAT CERTAIN KIDNEY DIALYSIS CENTERS, PHARMACIES, GROCERY STORES, RESIDENTIAL BUILDINGS WITH ELEVATORS, CLUBHOUSES AND COUNTRY CLUBS SHALL PROVIDE AUXILIARY POWER GENERATORS WITHIN SPECIFIED TIME FRAMES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish regulations to require auxiliary power generators for Kidney Dialysis Centers, Pharmacies, Grocery Stores, Residential Buildings with Elevators, and Clubhouses and/or Country Clubs in Multifamily Residential Communities in order to ensure safety and the availability of necessities including but not limited to food, ice, water, kidney dialysis machines, and medications in the aftermath of a hurricane; 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 May 15,2006 and voted 4 to 0 to recommend that the changes be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 4.3.3 (LL), "Kidney Dialysis Centers", of the Land Development Regulations of the City of Del ray Beach, Florida, be, and the same is hereby enacted to read as follows: (LL) Kidney Dialysis Centers: (1 ) Generators: (a) All new kidney dialysis centers that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators: and (b) All kidney dialysis centers in existence prior to July 1. 2006 shall have two (2) years from the effective date of this ordinance to provide auxiliary power generators: and (c) Generators shall not be deoendent on a municipal water supply for cooling purposes: and (d) Generators shall be designed and equipped to operate the full capacity of all of the kidney dialysis machines in the facility for a period not less than one hundred twenty (120) hours: and (e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon request. Section 2. That Section 4.3.3(LLL), "Pharmacies", ofthe Land Development Regulations of the City ofDelray Beach, Florida, be, and the same is hereby enacted to read as follows: (LLU Pharmacies: (1 ) Generators: (a) All new pharmacies that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators: and (b) All pharmacies in existence prior to July 1. 2006 shall provide auxiliary power generators within two (2) years of the effective date of this ordinance: and (c) Generators shall not be dependent on a municipal water sup\>ly for cooling purposes: and (d) Generators shall be designed and equipped to operate the full capacity of the facility for a period of not less than one hundred twenty (120) hours: and (e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon reQuest. Section 3. That Section 4.3.3(MM), "Grocery Stores", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (MM) Grocery Stores: 2 ORD NO. 35-06 (1) Generators: (a) All new grocery stores that apply for a building permit on or after July 1. 2006 that are ten thousand (10.000) SQuare feet or larger in size must provide auxiliary power generators: and (b) All grocery stores that are in existence prior to July 1. 2006 and are ten thousand (10.000) square feet or larger in size must provide auxiliary power generators within six (6) years of the effective date of this ordinance or at the time of renovations exceeding twenty-five percent (25%) of the facility value. whichever comes first: and (c) Generators shall not be dependent on a municipal water supply for cooling purooses:and (d) Generators shall be designed and equipped to operate the facility's refrigeration and freezer eQuipment in addition to basic lighting for customers and employees for a period of not less than one hundred twenty (120) hours: and ( e) Generators shall be tested at least once a month and test logs shall be maintained for inspection by the City of Delray Beach. upon reQuest. Section 4. That Section 4.3.3(00), "Multifamily Residential Buildings Equipped with Elevators", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (00) Multifamily Residential Buildings Equipped with Elevators: (1) Generators: (a) All new multifamily residential buildings equipped with elevators that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) elevator: and (b) all multifamily residential buildings that are equipped with elevators that are in existence prior to July 1. 2006. shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) elevator within three (3) years of the effective date of this ordinance: and 3 ORD NO. 35-06 (c) Generators shall not be dependent on a municipal water supply for cooling purposes: and (d) Generators shall be designed and eQuipped to operate the full capacity of the equipment being served for a period not less than one hundred twenty (120) hours: and ( e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon request. Section 5. That Section 4.3.3(000), "Clubhouses and Country Clubs", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (000) Clubhouses: (1) Generators: (a) All new clubhouses and/or country clubs in residential communities that apply for a building permit on or after July 1. 2006 shall provide auxiliary power generators: and (b) Generators shall not be deoendent on a municipal water supply for cooling purposes: and (c) Generators shall be designed and eQuipped to operate the full capacity of the facility for a period not less than one hundred twenty (120) hours: and (d) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach. upon request. Section 6. 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 7. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are Section 8. reading. That this ordinance shall become effective upon its passage on second and final of PASSED AND ADOPTED in regular session on second and final reading on this the , 2006. day 4 ORD NO. 35-06 ATTEST: City Clerk First Reading Second Reading MAYOR 5 ORD NO. 35-06 ~of FROM: DAVID T. HARDEN, CITY MANAGER PAUL DORLlNG, DIRECTOR OF PLANNING & ZONING'~--'-?r1~~ Ir- TO: SUBJECT: MEETING OF JUNE 6, 2006 - REGULAR AGENDA CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3. "SPECIAL REQUIREMENTS FOR SPECIFIC USES" TO REQUIRE THE INSTALLATION OF GENERATORS FOR CERTAIN CRITICAL FACILITIES. The item before the City Commission is approval of City-initiated amendment to the Land Development Regulations Section 4.3.3. "Special requirements for specific uses" to require generators for certain critical facilities. The City-initiated amendment to the Land Development Regulations is being processed in the public's best interest to ensure safety and the availability of necessities including but not limited to gasoline, food, ice, water, kidney dialysis machines, and medications in the aftermath of a hurricane. The requirements to install generators will apply to all new requests for service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities. The amendment will also require the retrofitting of most existing facilities with varying time frames ranging from two years to six years. Retrofitting of existing gasoline stations will be required only if and when new pumps and tanks are installed. Existing clubhouses are not be included in the retrofitting requirement. The Planning and Zoning Board held a public hearing on this request on May 15, 2006. and the Board voted 4 to 0 to recommend to the City Commission approval of the amendment to Land Development Regulations by adopting the findings of fact and law contained in the staff report and finding that the requests are consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Oevelopment Regulations. Approve the amendments to Land Development Regulations City-initiated amendment to the Land Development Regulations Section 4.3.3(J) [gasoline station], 4.3.3(LL) [Kidney Dialysis Centers] 4.3.3(LLL) [Pharmacies], 4.3.3(MM) [Grocery Stores], 4.3.3(00) [Multifamily Residential Buildings Equipped with elevators] and 4.3.3(000) [Clubhouses and Country Clubs] requiring generators for new facilities along with the retrofitting of certain existing facilities 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 Ordinance . May 15, 2006 Planning and Zoning Staff Report \~Q. [ITY DF DEL E [ CITY ATTORNEY'S OFFICE, . i !RAY BEACH, FLORIDA 33444 i' h\CSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH F LOR I D 1\ lI.eatI All-America City , 1111 ! DATE 1993 TO: 2001 MEMORANDUM May 25, 2006 City Commission David T. Harden, City Manager ~ FROM: Terrill Barton, Assistant City Attorney SUBJECT: Ordinance No. 35-06 - Generators for Critical Facilities Please place the attached ordinance on the agenda for first reading for June 6, 2006 for City Commission consideration. TCB:smk Attachment cc: Chevelle Nubin, City Clerk Chief Koen ORDINANCE NO. 35-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER FOUR "ZONING REGULATIONS", BY AMENDING SECTION 4.3.3(J), "GASOLINE STATION"; BY ENACTING A NEW SUBSECTION 4.3.3(LL), "KIDNEY DIALYSIS CENTERS"; BY ENACTING A NEW SUBSECTION 4.3.3(LLL), "PHARMACIES"; BY ENACTING A NEW SUBSECTION 4.3.3(MM), "GROCERY STORES"; BY ENACTING A NEW SECTION 4.3.3(00), "MULTIFAMILY RESIDENTIAL BUILDINGS EQUIPPED WITH ELEVATORS"; BY ENACTING A NEW SUBSECTION 4.3.3(000), "CLUBHOUSES AND COUNTRY CLUBS", ALL TO PROVIDE THAT CERTAIN GASOLINE STATIONS, KIDNEY DIALYSIS CENTERS, PHARMACIES, GROCERY STORES, RESIDENTIAL BUILDINGS WITH ELEV ATORS, CLUBHOUSES AND COUNTRY CLUBS SHALL PROVIDE AUXILIARY POWER GENERATORS WITHIN SPECIFIED TIME FRAMES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish regulations to require auxiliary power generators for Gasoline Stations, Kidney Dialysis Centers, Pharmacies, Grocery Stores, Residential Buildings with Elevators, and Clubhouses and/or Country Clubs in Multifamily Residential Communities in order to ensure safety and the availability of necessities including but not limited to gasoline, food, ice, water, kidney dialysis machines, and medications in the aftermath of a hurricane; 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 May 15, 2006 and voted 4 to 0 to recommend that the changes be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 4.3.3(J), "Gasoline Station", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (1) Gasoline Station: A gasoline station is any establishment at which the sale and delivery of fuel to a motor vehicle occurs. Gasoline stations are classified as to other activities which occur on the site of the establishment and are thus regulated as provided for herein. (1) Service Station: A gasoline station which also sells and delivers lubricants and other products necessary to the operation of vehicles. It may include the sale and installation of accessories, tires, batteries, seat covers; and the provision of services such as tire repair, tune- ups, minor engine repair, wheel balancing and alignment, brake servicing, and washing either by hand or by an automated car wash facility. Food and drinks may be accommodated only through the use of vending machines. (2) Convenience Mart (Gasoline Station with Food Sales): A gasoline station which also sells foods and convenience items and does not accommodate repair or installation services provided that the sale of food and convenience items is secondary to use as a gasoline station. (3) Full Service Station: A gasoline station at which activity of a serVIce station and the sale of food and convenience items occurs. (4) Incidental Gasoline Sales: A gasoline station at which the sale of fuel is incidental or secondary to the primary function of the site as a retail business. There may be no outside display of vehicle products (oil, tires, etc.) at such a facility. (5) General Development Standards: Development standards as set forth in the following shall apply to sites upon which a service station or convenience mart is to be located. An establishment with incidental gasoline sales shall be governed by the site development requirements for the site and the main business except that the requirement of Subsection (6) shall apply. A full service station shall adhere to a combination of the requirements for a service station and a convenience mart. ITEM SERVICE STATION CONVENIENCE MART 1 I Minimum Lot Area 15,000 Square Feet 15,000 Square Feet I J Minimum Footage 150 feet 150 feet Parking Requirements 4+4/ Bay 1 / 250 Square Feet of Floor Area -I Driveways There shall be no more than two (2) curb-cuts to any abutting street with a minimum distance of twenty-five feet (25') between curb-cuts. Curb-cuts shall not have a width exceeding thirty-five feet (35'), exclusive of transitions. Curb-cuts shall not be located closer than ! 2 ORD NO. 35-06 twenty-five feet (25') to the intersection of the ultimate right-of-way I lines at a corner nor closer than fifteen feet (15') from any abutting property line or alley. (6) Gasoline Facility Development Standards: The following standards apply to whatever classification, a gasoline station has. (a) Location of Dispensers: Gasoline dispensers, tanks, dispenser island, and canopies shall not be located closer than fifteen feet (15') from any property line. When property directly abuts residentially zoned property, gasoline dispensers, tanks, dispenser islands and canopies, signs, or vents shall not be located closer than forty feet (40') from the property line abutting the residentially zoned property. (b) Storage Tanks: All storage tanks shall be underground. (c) Lift and Repair Facilities: All such facilities shall be located within a structure. (d) Display of Products: Vending machines are to be located under roof and screened on three sides. Racks containing cans of lubricating oil may be displayed on service islands. Racks or pedestals used for the display of tires shall be located along any side (as opposed to front) of a structure. (e) Generators: Auxiliary power generators shall be provided for all new gasoline facilities and/or all existing gasoline facilities that install new pumps and tanks on or after July 1. 2006. 1. Generators shall not be dependent on a municipal water supply for cooling purposes; and 2. Generators shall be designed and equipped to operate the full capacity of all gas pumps for a period not less than one hundred twenty (120) hours; and 3. Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delrav Beach, upon request. 3 ORD NO. 35-06 Section 2. That Section 4.3.3 (LL), "Kidney Dialysis Centers", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (LL) Kidney Dialysis Centers: (1 ) Generators: (a) All new kidney dialysis centers that apply for a building permit on or after July 1, 2006 shall provide auxiliary power generators; and (b) All kidney dialysis centers in existence prior to July 1, 2006 shall have two (2) years from the effective date of this ordinance to provide auxiliary power generators; and (c) Generators shall not be dependent on a municipal water supply for cooling purposes; and (d) Generators shall be designed and equipped to operate the full capacity of all of the kidney dialysis machines in the facility for a period not less than one hundred twenty (120) hours; and (e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach, upon request. Section 3. That Section 4.3.3(LLL), "Pharmacies", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (LLL) Pharmacies: (1) Generators: (a) All new pharmacies that apply for a building permit on or after July 1, 2006 shall provide auxiliary power generators; and (b) All pharmacies in existence prior to July 1, 2006 shall provide auxiliary power generators within two (2) years of the effective date of this ordinance; and (c) Generators shall not be dependent on a municipal water supply for cooling purposes; and 4 ORD NO. 35-06 (d) Generators shall be designed and equipped to operate the full capacity of the facility for a period of not less than one hundred twenty (120) hours; and (e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach, upon request. Section 4. That Section 4.3.3(MM), "Grocery Stores", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (MM) Grocery Stores: (1 ) Generators: (a) All new grocery stores that apply for a building permit on or after July I, 2006 that are ten thousand (10,000) square feet or larger in size must provide auxiliary power generators; and (b) All grocery stores that are in existence prior to July 1, 2006 and are ten thousand (10,000) square feet or larger in size must provide auxiliary power generators within six (6) years of the effective date of this ordinance or at the time of renovations exceeding twenty-five percent (25 %) of the facility value, whichever comes first; and (c) Generators shall not be dependent on a municipal water supply for cooling purposes; and (d) Generators shall be designed and equipped to operate the facility's refrigeration and freezer equipment in addition to basic lighting for customers and employees for a period of not less than one hundred twenty (120) hours; and (e) Generators shall be tested at least once a month and test logs shall be maintained for inspection by the City of Delray Beach, upon request. Section 5. That Section 4.3.3(00), "Multifamily Residential Buildings Equipped with Elevators", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (00) Multifamily Residential Buildings Equipped with Elevators: (1) Generators: 5 ORD NO. 35-06 (a) All new multifamily residential buildings equipped with elevators that apply for a building permit on or after July 1, 2006 shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) elevator; and (b) all multifamily residential buildings that are equipped with elevators that are in existence prior to Julv 1, 2006, shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (I) elevator within three (3) years of the effective date of this ordinance; and (c) Generators shall not be dependent on a municipal water supply for cooling purposes; and (d) Generators shall be designed and equipped to operate the full capacity of the equipment being served for a period not less than one hundred twenty (120) hours; and (e) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach, upon request. Section 6. That Section 4.3.3(000), "Clubhouses and Country Clubs", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (000) Clubhouses: (1 ) Generators: (a) All new clubhouses and/or country clubs in residential communities that apply for a building permit on or after July 1, 2006 shall provide auxiliary power generators; and (b) Generators shall not be dependent on a municipal water supply for cooling purposes; and (c) Generators shall be designed and equipped to operate the full capacity of the facility for a period not less than one hundred twenty (120) hours; and (d) Generators shall be tested at least once a month and a test log shall be maintained for inspection by the City of Delray Beach, upon request. Section 7. 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 6 ORD NO. 35-06 decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 8. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are Section 9. reading. That this ordinance shall become effective upon its passage on second and final 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 7 ORD NO. 35-06 MEETING DATE: May 15, 2006 AGENDA NO.: IV. F. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3. "SPECIAL REQUIREMENTS FOR SPECIFIC USES" TO REQUIRE THE INSTALLATION OF GENERATORS FOR CERTAIN CRITICAL FACILITIES. 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 4.3.3. "Special requirements for specific uses" to require generators for certain critical facilities. 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 in the public's best interest to ensure safety and the availability of necessities including but not limited to gasoline, food, ice, water, kidney dialysis machines, and medications in the aftermath of a hurricane. The requirements to install generators will apply to all new requests for service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities. The amendment will also require the retrofitting of most existing facilities with varying time frames ranging from two years to six years. Existing clubhouses will not be included in the retrofitting requirement. LDR Section 2.4.5(MH5) (Findinas): Pursuant to LDR Section 2.4.5{M){5) (Findings), in addition to LDR Section 1.1.6{A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and no specific goals, objectives or policies were found. While the amendment does not further any specific Goal, Policy or Objectives of the Comprehensive Plan it is not inconsistent with them. Courtesy Notices: Given the nature of this amendment no specific groups were given individual courtesy notices. IV.F. Planning and Zoning Board Memorandum Staff Report, May 15, 2006 Amendment to LOR Section 4.3.3. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The City-initiated amendment to LOR Section 4.3.3. is to provide requirements for the installation of generators with development of new critical facilities and provide requirements for the retrofitting of existing critical facilities within specified time frames. The proposed amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Recommend approval of the City-initiated amendment to the Land Development Regulations Section 4.3.3(J) [gasoline station], 4.3.3(LL) [Kidney Dialysis Centers] 4.3.3(LLL) [Pharmacies], 4.3.3(MM) [Grocery Stores], 4.3.3(00) [Multiple Residential Buildings Equipped with elevators] and 4.3.3(000) [Clubhouses and Country Clubs] requiring generators for new facilities along with the retrofitting of certain existing facilities 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 Ordinance 2 MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS ~I1Y MANAGER TO: SUBJECT: AGENDA ITEM # \ ~ \::::> ORDINANCE NO. 31-06 - REGULAR MEETING OF JUNE 6, 2006 DATE: JUNE 2, 2006 This ordinance is before Commission for first reading to amend Chapter 32, "Departments, Boards, and Commissions", subheading "Advisory Boards and Committees" by amending Section 32.06, "Composition of Boards and Committees; Generally", Section 32.07, "Membership Qualifications/Requirements"; and Section 32.08, "Length of Terms; Restrictions", to provide that membership of a board may be established by resolution and to pennit other City Board members to sit on the Unity Collaborative. If passed, a public hearing will be scheduled for June 20, 2006. Recommend approval of Ordinance No. 31-06 on first reading. S:\City Clerk\agenda memos\Ord 31-06 Amend Chapter 32 Unity Col 060606 Rft/J..~P ORDINANCE NO. 31-06 AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", BY AMENDING "ADVISORY BOARDS AND COMMITTEES", SECTION 32.06, "COMPOSITION OF BOARDS AND COMMITTEES; GENERALLY; SECTION 32.07, "MEMBERSHIP QUALFICA TIONS/REQUIREMENTS; AND SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS", TO PROVIDE THAT MEMBERSHIP OF A BOARD MAY BE ESTABLISHED BY RESOLUTION AND TO PERMIT OTHER CITI BOARD MEMBERS TO SIT ON THE UNITI COILABORA TIVE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA: Section 1. That Chapter 32, "Departments, Boards and Commissions", subheading "Advisory Boards and Committees", is hereby amended by amending Section 32.06, "Composition of Boards and Committees; Generally", Section 32.07, "Membership Qualifications/Requirements; Section 32.08, "Length of Terms; Restrictions", subsection 32.08(A) and (E) of the Code of Ordinances of the City of Delray Beach are hereby amended to read as follows: Sec. 32.06. COMPOSITION OF BOARDS AND COMMITTEES; GENERALLY. Generally, advisory boards and Committees shall be composed of five (5) or seven (J) regular members and two (2) alternate members, except as may be provided for by Florida Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of Ordinances of the City of Delray Beach. Sec. 32.07. MEMBERSHIP QUALIFICATIONS/REQUIREMENTS. Members serving on advisory boards or Committees shall possess sufficient knowledge, experience, judgment or background necessary to competently serve the Board or Committee to which they are appointed. Members shall be residents of or own property in the City, own a business within the City, or be an officer, Director or manager of a business located within the City except as may be provided for by Florida Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of Ordinances of the City of Delray Beach. Sec. 32.08. LENGTH OF TERMS; RESTRICTIONS. (A) In general, all appointments shall be for a two-year period, except as may be provided for by Florida Statutes, Special Act. Resolution of the City Commission or elsewhere within the Code of Ordinances of the City of Delray Beach. (B) In the case of reorganization or reconstitution of an advisory board or Committee, three (3) members shall be appointed for an initial term of one year, with the balance of the members being appointed for an initial term of two (2) years. Thereafter, all appointments shall be for two (2) years. (C) No member shall be appointed for more than two (2) successive terms (original term, plus one additional term). A member who has been appointed to fill an unexpired term shall remain eligible to serve two (2) full two-year successive terms. (D) Upon completion of the maximum allowable two (2) full terms of membership as described in subsection 32.08(C) above, no advisory board or Committee member shall be eligible for reappointment to the same Board or Committee for a period of one year. (E) No member of any advisory board or committee may concurrendy serve on another advisory board or Committee. However, this prohibition shall not apply if an ordinance and/ or resolution expressly provides that the membership of an advisory board or Committee includes, as part of its membership, the member(s) of another specifically named advisory board or Committee~ ftftti--tIhe prohibition will not apply to any person who is a member of an advisory board or Committee and also is appointed to serve on the Neighborhood Advisory Council and/or the Unity Collaborative. In such a case, a member of the specifically named advisory board or Committee is eligible to serve on two (2) or more advisory boards or Committees. Notwithstanding the foregoing, a member may serve on more than one task force or ad hoc Committee or may serve as an advisory board or Committee member and a member of a task force or ad hoc Committee without being expressly provided for by an enacting ordinance or resolution. Dual memberships, where allowed herein, shall not be allowed if prohibited by Florida Law or the Florida Constitution. 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 thereofother 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. 31-06 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 , 2006. ATTEST: MAYOR CITI CLERK First Reading Second Reading 3 ORD. NO. 31-06