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06-20-06 Agenda Reg City of Delray Beach Regular Commission Meeting a~":;}~~ tc'. . v <'. ~'" ~ f> ~ '?: ==::J Tuesday. June 20. 2006 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Dekay Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. c. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed 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. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . June 6, 2006 - Regular Meeting · June 13,2006 - Special/Workshop Meeting 6. PROCLAMATIONS: . NONE 7. PRESENTATIONS: A. Hamlet Country Club Charity Day Presentations 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL SUBDIVISION PLAT APPROVAL/LITTLE WOOD ESTATES: Approve the subdivision plat for the Litde Wood Estates Plat, located on N.W. 1st Avenue near Lake Ida Road and Swinton Avenue. B. RESOLUTION NO. 41-06/ ABANDONMENT OF EASEMENT: Approve Resolution No. 41-06 abandoning a ten (10) foot wide sewer easement associated with Cityscape, a mixed-use development, located on the west side of N .E. 5th Avenue (southbound Federal Highway), between N.E. 3rd Street and N.E. 4th Street. C. RESOLUTION NO. 42-06/ABANDONMENT OF RIGHT-OF-WAY: Approve Resolution No. 42-06 abandoning a portion of the east-west alley and north- south alley right-of-way within Block 77, Town of Linton (Delray) Plat associated with the Worthing Place Block 77 Development; located between S.E. 1st Avenue and S.E. 2nd Avenue and S.E. 1st Street and Adantic Avenue. D. REOUEST FOR SIDEWALK DEFERRAL/1011 VISTA DEL MAR DRIVE NORTH: Approve a request to defer the installation of a sidewalk in front of 1011 Vista Del Mar Drive North. Staff recommends approval. E. AMENDMENT NO. 1/CHRIS EVERT CHARITIES. INC. AGREEMENT: Approve Amendment No.1 to the agreement between the City and Chris Evert Charities, Inc. to provide for the date of the Event and the due date for certain payments made by the City to Chris Evert Charities. 06-20-2006 - 2 - F. UNDERGROUND FACILITIES CONVERSION AGREEMENT /FLORIDA POWER & LIGHT COMPANY (FPL): Approve an Underground Facilities Conversion Agreement between the City and Florida Power & Light (FPL) in the amount of $100,752.00 for the provision of underground electric distribution facilities by FPL in place of the existing overhead electric distribution for the Old School Square (aSS) Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School Square). G. SERVICE AUTHORIZATION NO. 1.2/CH2M HILL, INC.: Approve Service Authorization No. 1.2 to CH2M Hill, Inc. in the amount of $12,000.00 for geochemical characterization of the City's Aquifer Storage and Recovery (ASR) Well. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair/Maintenance Costs). H. RESOLUTION NO. 44-06: Approve Resolution No. 44-06 supporting the Carver Estates Revitalization Hope VI Grant application developed by the Delray Beach Housing Authority. I. PURCHASE ORDER INCREASE/RON BELL ROOFING: Approve an increase of $46,307.00 to purchase order #634762, Ron Bell Roofing, for the repairs to the Old Train Depot roof which was damaged by Hurricane Wilma. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). J. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT / DELRAY YOUTH VOCATIONAL CHARTER SCHOOL: Approve and authorize the execution of a funding agreement in the amount of $22,090.00 with sub- recipient, Delray Youth Vocational Charter School, under the Weed & Seed Program (now known as the Coalition for Community Renewal). Funding is available from 115-2126-521-83.01 (Special Projects Fund/Weed and Seed Grants/Other Grants/ Aid). K. CHANGE ORDER NO.1 (CONTRACT ADDITION)/HORSEPOWER ELECTRIC. INC.: Approve Change Order No.1 (Contract Addition) between the City and Horsepower Electric, Inc. in the amount of $35,394.00 to address the change in the mast arms required by Palm Beach County for the US 1 at Tropic Boulevard Signalization Project. Funding is available from 334-3162-541-65.68 (General Construction Fund/US 1 at Tropic Boulevard). L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 5, 2006 through June 16,2006. M. AWARD OF BIDS AND CONTRACTS: 1. Lease award to Ikon Office Solutions in the total amount of $16,194.24 over a three (3) year term via the Miami-Dade Contract #114-DDll for the lease of a Cannon IR5070 Copier for the Finance Department. Funding is available from 001-1511-513-44.30 (General Fund/Equipment Rental Leases). 06-20-2006 - 3 - 2. Purchase award to GameTime in the total amount of $69,357.79 via Florida State Contract #650-001-04-1 for playground equipment for Bexley Trail Community Park and Eagle Park. Funding is available from 338-4150-572- 63.24 (2004 G.O. Bond/Bexley Park) and 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks). 3. Contract award to Bellsouth Telecommunications, Inc. in the total annual amount of $23,400.00 for a period of thirty-six (36) months for a Dedicated Internet Service solution for City Hall ($15,600.00) and the Police Department ($7,800.00). Funding is available from 001-2113-521-41.10 (General Fund/ Telephone Expense and 001-1811-513-41.20 (General Fund/Internet Access). 4. Bid award to GMPCS in the amount of $23,582.00 for the purchase and installation of ten (10) satellite telephone kits, eight (8) antennas, and ten (10) battery back-ups for use in emergency situations. Funding is available from various office equipment accounts. 5. Bid award to Welling Construction in the amount of $173,634.75 for the LaHacienda Gardens Park Project. Funding is available from 334-4131-572- 68.12 (General Construction Fund/Neighborhood Park - La Hacienda) 9. REGULAR AGENDA: A. WAIVER REQUESTS/SEAGATE RESIDENCES: Consider a request for waivers associated with the Class V site plan for the Seagate Residences, located at the southwest comer of State Road A-l-A and Casuarina Road (400 South Ocean Boulevard). (Quasi-Judicial Hearing) B. DELRAY BEACH HISTORICAL SOCIETY REQUEST: Consider a request received from the Delray Beach Historical Society for the City to assume ownership of the FEC Depot and to provide capital assistance for the construction of a permanent facility to house the archive and historical artifact collections. C. DOWNTOWN PROJECT ASSESSMENT /TREASURE COAST REGIONAL PLANNING COUNCIL: This is before the Commission to receive the report of the Downtown Project Assessment; for Hotel Vista del Mar, Adantic Plaza redevelopment, and South Swinton Avenue Redevelopment; as presented by the Treasure Coast Regional Planning Council at the June 13, 2006 Workshop Meeting and direct staff to draft ordinances incorporating the report's objectives. D. BANNER HANGING POLICY: Consider approval of the proposed Banner Hanging Policy as recommended by staff. E. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Consider approval of an Interlocal Agreement between the City and the School Board of Palm Beach County in the amount of $834,750.00 for the purchase of 7.42 acres and the construction of the Soccer Complex at the old Adantic High School site. 06-20-2006 - 4 - F. GUARANTEED MAXIMUM PRICE (GMP)/OLD SCHOOL SQUARE (OSS) PARKING GARAGE/CATALFUMO CONSTRUCTION AND DEVELOPMENT. INC.: Consider approval of the Guaranteed Maximum Price (GMP) in the amount of $15,708,412.64 for the construction of the Old School Square (aSS) Parking Garage Project as submitted by Catalfumo Construction and Development, Inc. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School Square). G. APPOINTMENT OF OUTSIDE COUNSEL/PALERMO V. CITY OF DELRAY BEACH: Consider the appointment of Leonard Carson, Esq. and Lucy Turner, Esq. of Carson & Adkins, P.A. to act as outside counsel for the City in the case of Palermo v. City of Delray Beach. H. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two (2) regular members to the Civil Service Board for two (2) year terms ending July 1, 2008. Based upon the rotation system, the appointments will be made by Commissioner Ellis (Seat #1) and Commissioner Fetzer (Seat #2). I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) for a four (4) year term ending July 1, 2010. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). J. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two (2) regular members to the Downtown Development Authority (DDA) for three (3) year terms ending July 1, 2009. Based upon the rotation system, the appointments will be made by Commissioner Ellis (Seat #1) and Commissioner Fetzer (Seat #2). K. 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). L. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending June 30, 2008. Based upon the rotation system, the appointment will be made by Commissioner Ellis (Seat #1). M. APPOINTMENTS TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission (pERq and one (1) alternate member for four (4) year terms ending June 30, 2010. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Perlman (Seat #5). 06-20-2006 - 5 - 10. PUBLIC HEARINGS: A. 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. B. 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 July 11, 2006. C. 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. D. ORDINANCE NO. 32-06: City initiated 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. 11 th Avenue and S.W. 12th Avenue for the Delray Beach Neighborhood Resource Center. (Quasi-Judicial Hearing) E. ORDINANCE NO. 31-06: An ordinance amending Chapter 32, "Departments, Boards, and Commissions", of the Code of Ordinances, 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. F. ORDINANCE NO. 33-06 (SECOND READING/SECOND 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. (THIS ORDINANCE IS ON THE AGENDA DUE TO ADVERTISING; AT FIRST READING IT WAS CONTINUED TO A DATE NON-CERTAIN. ORDINANCE WILL COME BACK AT A LATER DATE AS A FIRST READING/FIRST PUBLIC HEARING) 06-20-2006 - 6 - 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. 36-06: An ordinance amending Chapter 136, "Sexual Offenders and Sexual Predators", of the Code of Ordinances, Section 136.02, 'Sexual Offenders and Predator Residence Prohibition", to provide for an additional exception to the residence prohibition to exclude persons who were convicted of the enumerated offenses prior to October 1, 2004 to mirror the Florida State Statutes. If passed, a public hearing will be scheduled for July 11,2006. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JUNE 16, 2006 06-20-2006 - 7 - JUNE 6. 2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 6, 2006. 1. 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. 3. gIven. The opening prayer was delivered by Commissioner Montague. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman noted the addition of Item 9.H., Bid Award/Chaz Equipment Company. Inc. be added to the Regular Agenda by addendum. Also, he noted that Item 12.C., Ordinance No. 35-06 has been revised and requested that Item to.C., Resolution No. 35-06 and Resolution No. 36-06 be removed from the Agenda. Mrs. Ellis moved to approve the Agenda as amended, 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. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of May 16,2006, 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. 06/06/06 6. PROCLAMATIONS: . NONE 7. PRESENTATIONS: 7.A. Church Reverend J.W.H. Thomas. Jr. - Pastor. Saint Paul Missionary Baptist Mayor Perlman stated Reverend Thomas is retiring after 4612 years as Pastor of Saint Paul Missionary Baptist Church. Mayor Perlman stated Pastor Thomas is a legend throughout the community and there is going to be a retirement celebration in honor of his career on June 17th at 6:00 p.m. at the Palm Beach County Convention Center. Mayor Perlman presented Pastor Thomas with a "Key to the City" and Pastor Thomas came forward to accept it. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVALIMIRAFLORES PLAT: Approve the boundary plat for the Miraflores Plat, located on the east side of S.E. 1st Avenue, between S.E. 1st Street and S.E. 2nd Street. 8.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. The caption of Resolution No. 38-06 is as follows: 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". (The official copy of Resolution No. 38-06 is on file in the City Clerk's office.) 8.C. AMENDMENT NO. 2 TO CONTRACT FOR SALE AND PURCHASE/CARVER SQUARE/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. - 2 - 06/06/06 8.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. 8.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 Atlantic High School site. 8.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 ofthe installation oflandscaping for the Gateway Parks Project. 8.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/EngineeringlArchitect). 8.H. PIPING AND LANDSCAPING LICENSE AGREEMENT/LAKE WORTH DRAINAGE DISTRICT (L WDD): 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. 8.1. 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). 8.J. CONSENT TO SUBCONTRACTIW ASTE 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. 8.1(. GRANT A W ARD/EDW ARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the Edward Byrne Memorial Justice Assistance Grant (JAG) 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. - 3 - 06/06/06 8.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. The caption of Resolution No. 37-06 is as follows: 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. (The official copy of Resolution No. 37-06 is on file in the City Clerk's office.) 8.M. SPECIAL EVENT REQUEST/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. 8.N. SPECIAL EVENT REQUEST/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 Delray 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. 8.0. SERVICE AUTHORIZATION NO. 3.1/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 & RecreationlWestemlSenior Center). 8.P. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENTIROSSO PAVING AND DRAINAGE. INC./CATHERINE 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). ~ CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENTIHARTZELL 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 FundlBikepaths/Sidewalks). -4- 06/06/06 S.R. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)IFINAL 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 FundlReclaimed Water Transmission System). S.S. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)IFINAL PAYMENTIMEF 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. S.T. CONTRACT AWARD/ARTIST FOR VETERAN'S PARK PROJECT: Approve an agreement between the City and artist, Michiko Kurisu, for the Atlantic Avenue Bridge Underpass at Veteran's Park Project. Funding is available from 115-1702-579-31.90 (Special Projects FundlPublic Arts Trust Account/Other Professional Services). S.U. RESOLUTION NO. 40-06: Approve Resolution No. 40-06 formally adopting the names of three (3) City parks. The caption of Resolution No. 40-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, NAMING THREE CITY PARKS. (The official copy of Resolution No. 40-06 is on file in the City Clerk's office. ) S.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). S.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. S.x. AWARD OF BIDS AND CONTRACTS: 1:. Bid award to Atlantic Refrigeration in the estimated annual amount of $39,840.00 for the annual contract for air conditioning services - 5 - 06/06/06 2. and repairs for City buildings. Funding is available from various building maintenance accounts. 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). 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.) 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). 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). 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). 3. 4. 5. 6. Mr. Fetzer moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/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) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. -6- 06/06/06 Mayor Perlman asked the Commission to disclose their ex parte communications. Mrs. Montague stated she had no ex parte communications to disclose. Mr. Levinson stated he had a conversation with Chip Falkanger. Mayor Perlman stated he had a conversation with Tom Laudani, Developer with Southpoint Realty Development Company. Mrs. Ellis stated she too had a conversation with Chip Falkanger. Mr. Fetzer stated he had a conversation with Randy Welker with the Chamber of Commerce. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-186 into the record. Mr. Dorling stated this property is 2.91 acres and currently contains an existing structure called Island Air which was constructed in 1959. The property is located in the North Federal Highway Redevelopment area and the applicant has requested demolition to the existing structure to construct a 33 unit multi-family development on the property. As freestanding multi-family uses are considered conditional uses in the General Commercial (GC) zoning designation and this is why the conditional use request is before the Commission now. At its meeting of May 15, 2006, the Planning and Zoning Board considered this proposal and there was significant discussion about the performance standards. Mr. Dorling stated the applicant is proposing a density of 11.34 acres and therefore the development needs to substantially meet all applicable performance standards. Currently they meet all but one of those standards and that one standard they don't meet is a standard which requires a variety housing be provided (i.e. two and three bedroom units), or reduce the density of the project. The Planning and Zoning Board also had significant discussion about this project and the North Federal Highway Redevelopment Plan which encourages new development along the North Federal Highway to be placed closer to the edge of the right-of-way and should be a mixed use type of development. Mr. Dorling stated there was some discussion that residential may be supported at this comer because of its placement along Federal Highway but the Board voted 2 to 2 for support ofthe project (which in essence is a non-vote.). Jason Mankoff. 102 North Swinton Avenue. Delrav Beach. stated this is a conditional use for a 33 multiple family townhouse in the GC (General Commercial) District subject to the requirements of the RM (Multiple Family Residential) zoning district except for setback and height requirements. He clarified that they are not maximizing the density and in the GC they could actually go to 48 feet. They adopt and agree with the findings in the staff report (other than certain conditions of approval). They agree that the required findings of Chapter 3 have been met as of the townhouse design standards of Section 4.3.3(0) and the required findings for a conditional use pursuant to Section 2.4.5(E). James Blvthe. Architect. briefly discussed the project and reviewed the performance standards. - 7 - 06/06/06 Staff indicated that they meet all the performance standards except for one; however, Mr. Mankoff stated they meet all the performance standards (performance standard "e"). Mr. Mankoff stated they request that the Commission approve the project without condition #3. In addition, Mr. Mankoff stated they have met with the City Engineer who has agreed that the Technical Items #8 of Exhibit "A" relating to condition #1 concerning a dedication at the north end ofN.E. 7th Avenue should be eliminated as a condition. Mayor Perlman stated if anyone from the pubic would like to speak in favor or in opposition of the conditional use, to please come forward at this time. Frank Docktor. 50 East Road #9-B. Delrav Beach. urged the Commission to support the project because he feels it is an ideal location for a family development. Gary Eliopoulos. 205 Geori!:e Bush Boulevard. Delrav Beach. stated he is on the Planning and Zoning Board; however, he was unable to attend the meeting of May 15, 2006. He stated some sites are more appropriate for residential as opposed to mixed use. He strongly urged the Commission to approve this project as proposed. There being no one else from the public who wished to address the Commission regarding the conditional use, the quasi-judicial hearing was closed. Mr. Mankoff asked Mr. Dorling if he had talked to the City Engineer regarding condition #8 - Exhibit "A" concerning the dedication. Mr. Dorling stated he had discussed this with the City Engineer. Mr. Dorling expressed concern over the list of projects and the comment that somehow these past projects will set trends or a precedent. This project may be appropriate for the North Federal Highway Plan because it calls for mixed use in that corridor. Mr. Mankoff stated steadily the density issue is being looked at differently and the three bedroom units with different floor plans have been sufficient for meeting that performance standard. He stated this is a unique parcel along North Federal Highway and they do not feel commercial is appropriate. 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 ofthe minutes). Mrs. Montague asked Mr. Dorling to restate the reasons for a variance in the number of bedrooms. Mr. Dorling stated in the staff report it indicates that it did not meet that criteria. The criteria reads: a number of different unit types, sizes, and floor plans are available within a development in order to accommodate households of varying ages and sizes. He stated this is accomplished; however, it goes on to say that - 8 - 06/06/06 multifamily housing will at a minimum have a mix of one, two, and three bedrooms with varying floor plans. After brief discussion, the City Attorney stated the Commission approved the Conditional Use subject to the conditions except for Condition #3 and Technical Condition #8 (under Section 1) with a 3 to 2 vote. Mrs. Ellis moved to approve the Board Order as stated, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - No; Mrs. Montague - No. Said motion passed with a 3 to 2 vote, Commissioner Levinson and Montague dissenting. 9.B. BID A W ARD/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). Richard Hasko, Director of Environmental Services, stated this item is a recommendation for roof replacement at the Community Center to the second low bidder. The base bid for Associates Roofing which was the apparent low bidder and Needham Roofing which was the second low bidder was a difference of approximately $6,000.00. Staff's concern is because of the age of the roof the contingency rate for deck replacement was significantly higher in the Associates Roofing bid than it was in Needham Roofing. Staff recommends Needham Roofing, Inc. (second lowest bidder). Mr. Levinson stated he was impressed by the speed of the job and asked if staff has verified the references. Mr. Hasko stated these roofers are all licensed and certified installers. Mr. Fetzer moved to approve the contract award to Needham Roofing, Inc. (second lowest bidder) in the amount of $179,849.00 for the re-roofing ofthe Community Center Gymnasium Project, 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. 9.C. BID AWARDIRAYSIDE 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 ofa 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). Richard Hasko, Director of Environmental Services, stated this is a recommendation to award to the (second lowest bidder) primarily because the low bidder did not comply with the advertised specifications that were advertised. - 9 - 06/06/06 Mr. Levinson suggested that the Request for Proposal's (RFP's) include a statement that if a company does not comply with the bid specifications then they are not considered a responsive bidder. Therefore, he stated there is a not the situation where the second lowest bidder (or the lowest person who completes the requirements) is selected. If they do not complete the requirements, then they should not even be considered so a situation such as this could be eliminated. Mrs. Ellis moved to approve the contract award to Rayside Truck and Trailer, Inc. (second lowest bidder) in the amount of $21,513.00 for the purchase of utility body and crane, 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. 9.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% commission. The City Attorney stated she would like to know if the Commission would like to retain 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% commission. The City Manager suggested that the City do an RFP and commented the City can always retain a broker to sell the property if there are no responses to the RFP. The City Manager stated he does not feel this is the best time to place this on the market and suggested that the City of Delray Beach not enter into an agreement at this time. After brief discussion, the Commission concurred with comments expressed by the City Manager regarding an RFP. 9.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). Pursuant to Section III.A.3. of the Local Rules, this appointment has been postponed to the July 11, 2006 City Commission meeting. 9.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). Mrs. Montague moved to appoint Robert Conway as a regular member to the Boca Raton Aviation Advisory Committee for a two (2) year term ending May 31, 2008, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. - 10- 06/06/06 Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote. 9.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). Mrs. Montague stated she would like to defer her appointment for the Police Advisory Board to the June 20,2006 City Commission meeting. 9.H. BID AWARD/CHAZ EQUIPMENT 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.IN.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 Fund/S.E.IN.E. 1st Street One-Way Pair), 448-5461-538-65.88 (Stormwater Utility Fund/S.E.IN.E. 1st Street One-Way Pair), and 442-5178-536-65.88 (Water/Sewer Renewal & Replacement Fund/S.E.IN.E. 1st Street One- Way Pair). The City Attorney briefly updated the Commission regarding the City's discussions with FEC. Brief discussion by the Commission and the City Attorney followed. Mrs. Ellis moved to approve the bid award to Chaz Equipment Company, Inc. (second lowest bidder), seconded by Mr. Fetzer. 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. At this point, the time being 7:04 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.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 entitled 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 ConditionslRestrictions" and Subsection 4.4.3(J), "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. The caption of Ordinance No. 30-06 is as follows: - 11 - 06/06/06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, 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-l) DISTRICTS", BY ENACTING SUBSECTIONS 4.4.3(1), "CONSTRUCTION SITE CONDITIONS/RESTRICTIONS", AND SUBSECTION 4.4.3(1), "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 SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-06 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 the Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood Advisory Council (NAC) indicating that with the building boom, the residents living on the barrier island have experienced various problems with developers working in neighborhoods. 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. 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. The amendment creates criteria for establishing work hours, how construction parking is handled, when deliveries can be made, requires the cleaning of the construction sites and adjacent areas, and requires the completion of single family construction within 18 months. Mr. Dorling stated there is a six month clause extension that can be granted by the Chief Building Official in the event there is shortage of - 12- 06/06/06 materials. At its meeting of May 15, 2006, the Planning and Zoning Board held a public hearing regarding this item. 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. The Board recommended that the penalty fee be increased to 100% of the initial building fees. Mr. Dorling noted that on page two of the ordinance the wording needs to be modified from fifty percent to one hundred percent so that it is consistent with the Planning and Zoning Board's recommendation which was unanimous with a 4 to o vote. Mr. Levinson commented that there was only one general contractor who was consulted. Lula Butler. Director of Community Improvement. stated the Chief Building Official and the Deputy Building Official were actively engaged in this discussion and they had their own consultation separately from the Neighborhood Advisory Council (NAC). Staff also sent the proposed ordinance to the Gold Coast Builders' Association for their review and received no comments back from them. Mayor Perlman declared the public hearing open. Gail Lee McDermott. Chair of the Neil!hborhood Advisory Council. stated they have worked very hard to make this happen and she urged the Commission to support this ordinance. Cary Glickstein. speakinl! on behalf of the Beach Property Owners' Association (BPOA). stated this ordinance is long overdue and noted that everyone in town is affected by the noise, odor, radios, trash, dumpsters, and the port-a-Iets, etc. As a builder, Mr. Glickstein stated builders are under great pressure to get things done in the least expensive way and the concern of the neighbor next door is not at the forefront of what they are concerned about. Mr. Glickstein stated very few of these jobs have a full- time supervisor so in terms of controlling these problems and nuisances, it is left to the subcontractors to police their own employees. He stated many other cities and counties throughout the state and country have similar regulations in terms of how they penalize builders and developers for missing the timetables. He stated the requirements are reasonable and urged the Commission to support this ordinance. Brief discussion followed between Mr. Glickstein and the Commission. There being no one else from the public who wished to address the Commission regarding Ordinance No. 30-06, the public hearing was closed. Prior to the vote, Mr. Fetzer stated this is a good ordinance and thanked the Neighborhood Advisory Council (NAC). - 13 - 06/06/06 Mayor Perlman commended the Neighborhood Advisory Council (NAC). Mrs. Ellis moved to approve Ordinance No. 30-06 on First ReadinglFirst Public Hearing, 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. 10.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 Standards 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. The caption of Ordinance No. 33-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, 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. (The official copy of Ordinance No. 33-06 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 ofthe City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this amendment creates a new zoning district to be called MROC (Mixed Residential, Office, and Commercial) and it also encourages mixed use development and the ordinance identifies permitted conditional accessory and supplementary uses allowed, establishes maximum thresholds for each type of use, and establishes the review and approval process. The primary function of this zoning district is to attract Class "A" office space and allow limited residential development including workforce housing. The ordinance would allow 100% office RD (Research and Development uses) and would also allow up to - 14- 06/06/06 20% of commercial uses. Mr. Dorling stated it does allow multifamily residential units up to 40 units to the acre within the corridor and up to 50 units to the acre within the area around the tri-rail station. Of those residential units, it does require 25% of them to be workforce and it also allows the utilization of shared parking. At its meeting of May 15, 2006, the Planning and Zoning Board held a public hearing and recommended a minor change that would limit stand alone residential buildings to a maximum height of 60 feet. This has been incorporated into the ordinance and the Board voted 4 to 0 in support. Mr. Dorling stated staff has received some last minute comments from the County which he believes could be considered as non- substantial and addressed between first and second reading. Or, City staff could meet with County staff in the next week or two and bring the ordinance back to the Commission for another first reading. The City Attorney stated the other option would be to continue the ordinance to another date and staff will have another first reading incorporating all the changes. There are a number of changes suggested by the County and the Commission may have other changes as well. Mr. Dorling stated the County is a one landowner in an entire district and there is some direction which we need to be focused on for the corridor itself. Mayor Perlman declared the public hearing open. Audrev Wolf. speakine: on behalf of the Palm Beach County Board of Commissioners. stated they are very interested in the MROC district and the Congress Avenue Redevelopment Plan. They would like to continue to work closely with staff to make sure that the code is actually going to facilitate for the area from a practical level. Ms. Wolf stated the County is working on some test cases with the redevelopment of the property because they believe there is a substantial portion of their property that could be made available for non-County uses as part of the redevelopment. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mayor Perlman stated he and Randy Welker have been working on this for a long time and went to the F AU design institute when they thought Office Depot was leaving and they wondered what they could do on the Congress Avenue Corridor. Mayor Perlman stated the three public policy goals were (1) to attract Class "A" office space and jobs, (2) to provide a residential workforce housing component, and (3) create a corporate corridor that would look attractive (i.e. a secondary gateway into Delray Beach). Mrs. Montague moved to approve to continue Ordinance No. 33-06 to a date not certain and staff to meet with other organizations, etc., 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. - 15 - 06/06/06 10.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. II.A. City Manae:er's response to prior public comments and inquiries. The City Manager had no response to prior public comments and mqumes. 11.B. From the Public. 11.B.1. Jayne Kine:. 3400 Place Valencay. Delray Beach. expressed concern over the Delray Sewage Outfall and stated there has been brown discharge flowing into the ocean off Delray Beach from the sewage plant on Congress Avenue (Delray Beach). She stated she was shocked when she found that this antiquated practice of dumping partially treated sewage into the ocean is still used. In her research, Mrs. King stated she has found that all sewer plants are required under Federal Law (The Clean Water Act passed by Congress in 1972) to have a permit to discharge and commented the Delray's permit expired December 2005. The plant management applied for a new permit June 2005 and has not been able to obtain one. The plant has been refused a new permit five times since June 2005 for failing to agree to do testing in the receiving environment (the ocean). She stated Federal Law requires sewage treatment facilities to demonstrate that they are not degrading their receiving environment. The tests that the sewage plant has not agreed to do are designed to address these federal requirements. Mrs. King stated under The Clean Water Act, the plant is liable for fines at a minimum of a $1,000.00 a day for operating without a permit. Mrs. King stated Delray must work diligently to solve this critical environmental issue. 11.B.2. Annette Annechild. 300 North Swinton Avenue. Delray Beach. inquired about the recycling that used to be going on at the beach and now it is not happening anymore. Consequently, everyone is throwing newspapers and bottles into the regular trash. She stated during Sun Fest the City of West Palm Beach was able to get businesses like FPL to sponsor trash cans so all the trash cans had advertisements on them and were paid for by those companies. Ms. Annechild stated the recycling was excellent and throughout all of Sun Fest they recycled an enormous amount which they publish every year. Secondly, she stated the bike rack at City Hall is not cemented in and requested that this be cemented. 11.B.3. Shirley Johnson. 701 N.W. 4th Street. Delray Beach. representine: the Board of the Proe:ressive Residents of Delray (P.R.O.D.). commented about an article on the new Senior Center in Delray Beach that has raised a concern about not charging a non-resident fee to use the facilities. She stated the taxpaying citizens' vote and pay for bonds to build and maintain recreational venues that all others may enjoy without a - 16 - 06/06/06 charge of any type. Ms. Johnson stated there is no non-residential charge for the teen center and noted that other cities have these charges. She asked why the citizens' of Delray Beach can't expect the same type of treatment and protection by our public officials. 11.B.4. Rand Hoch. 400 North Flal!ler Drive #1402. West Palm Beach (serves on the Board of Directors of the Palm Beach County Human Rie:hts Council), stated the Palm Beach County Human Rights Council has two requests for consideration. He stated since Palm Beach County's equal employment ordinance prohibits discrimination on the basis of several protected classes including marital status, familial status, and sexual orientation, the Palm Beach County Human Rights Council is asking to confirm the City's non-discrimination policy covering City employees with the County ordinance by adding sexual orientation, marital status, and familial status. He stated this change will only cover employees of the City of Delray Beach and will not cover any private employers. Mr. Hoch stated once the City of Del ray Beach makes this change then a City employee would first have to exhaust the City's internal resolution policy. The Council is also requesting the City of Delray Beach to provide all City employees with the same family benefits regardless of marital status. Last year, the County Commissioners adopted a domestic partnership ordinance providing registered domestic partners with some basic family benefits and changes in their policies so that the County employees with domestic partners could cover their families with the same health insurance available to married employees. Mr. Hoch stated other public employers offering this domestic partnership benefits locally include the Palm Beach County School District, the Sheriffs Office, the Clerk and Comptroller, the Supervisor of Elections, the Property Appraiser, the Port of Palm Beach and the cities of Lake Worth and West Palm Beach. Therefore, Mr. Hoch reiterated that the Council is asking that the City of Delray Beach provide the same family benefits to City employees with domestic partners as are provided to employees who have been married (benefits include: health insurance, sick leave, family medical leave, and bereavement leave). 11.B.5. Alice Finst.. 707 Place Tavant.. Delrav Beach. soeakine: on behalf of the Board of Proe:ressive Residents of Delrav (P.R.O.D.). suggested that the City Commission meetings be video taped or filmed. She stated she spoke to the Assistant City Clerk in Boca Raton who stated that the City of Boca Raton started videoing their meetings in the 1980's and doing live feed in the 1990's. The programs are fed live into the City's Channel 20 and into their radio station. The City of Boca Raton broadcasts live City Commission meetings, Workshops, Planning and Zoning meetings, and Airport Commission meetings. Mayor Perlman stated the City's practice is to take the testimony this evening and have staff get back to them in a couple of weeks. With regard to Mrs. King's comments about the sewage pipe, Mayor Perlman recommends that staff ask Bob Hagel, Executive Director of the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) to respond since he would be the most up-to-date with this issue. Mayor Perlman suggested that Mr. Hoch's issue be placed on a Workshop Agenda so that the Commission can discuss and take a look at what other municipalities are - 17 - 06/06/06 doing. With regard to televising the City Commission meetings, he stated it was already reported that this would be reviewed in context of the City's upcoming budget (August 2006). At this point, the time being 7:50 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.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. The caption of Ordinance No. 34-06 is as follows: 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 CNIL VIOLATION APPEALS; PROVIDING FOR PENALTIES, IMPOSITION, AND COLLECTION OF LIENS; PROVIDING FOR CNIL OFFENSES; PROVIDING FOR PAYMENT FOR SERVICES AND QUALIFICATIONS OF HEARING OFFICERS; PROVIDING FOR THE ESTABLISHMENT OF CNIL VIOLATION PROCEDURES; PROVIDING FOR THE ESTABLISHMENT OF CNIL PENAL TIES FOR VIOLATIONS; PROVIDING FOR IMPOSITION AND COLLECTION OF CNIL PENALTIES; PROVIDING FOR APPEALS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-06 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance and stated this does not yet include any violations for animal issues. Staff is trying to coordinate with the County so that any amendments to this ordinance are acceptable to them. Therefore, the City Attorney stated this ordinance will be amended in the future to include any violations for animal issues. - 18 - 06/06/06 Mr. Fetzer moved to approve Ordinance No. 34-06 on FIRST Reading, 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. Mr. Levinson thanked Al Berg, Assistant Director of Community Improvement and Lula Butler, Director of Community Improvement, for their work with this issue. The City Attorney stated she would like to thank Terrill Barton, Assistant City Attorney, for her work on this ordinance. n.D. ORDINANCE NO. 32-06: Rezoning from RM (Medium Density Residential) to CF (Community Facilities) for Lots 11 and 23, Block 6, Atlantic Gardens, located ':ifproximately 57 feet north of S.W. 2nd Street, between S.W. 11th Avenue and S.W. 12 Avenue for the Delray Beach Neighborhood Resource Center. If passed, a public hearing will be scheduled for June 20,2006. The caption of Ordinance No. 32-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT TO COMMUNITY FACILITIES (CF) DISTRICT; SAID LAND BEING TWO PARCELS LOCATED APPROXIMATELY 57 FEET NORTH OF SW 2ND STREET AND EXTENDING BETWEEN SW 11 TH 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. (The official copy of Ordinance No. 32-06 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the proposed rezoning involves two lots (Lots 11 and 23, Block 6, Atlantic Gardens) totaling 0.314 acres. The City is converting the former police sub-station building to a community center for the Neighborhood Resource Center. 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 center 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 - 19- 06/06/06 lots as a principal (permitted) use. At its meeting of May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request and recommended approval with a 4-0 vote. Mrs. Ellis moved to approve Ordinance No. 32-06 on FIRST Reading, 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 passed with a 5 to 0 vote. 12.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. The caption of Ordinance No. 35-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE 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. (The official copy of Ordinance No. 35-06 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. - 20- 06/06/06 Paul Dorling, Director of Planning and Zoning, stated this is a City initiated amendment to require generators for new facilities including grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and clubhouses of residential communities. The amendment will also require the retrofitting of most existing facilities with varying time frames ranging from two years to six years for those uses with the exception of service stations and clubhouses which are not included in the retrofitting requirement. At its meeting of May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request and recommended approval with a 4-0 vote. Prior to the vote, Mr. Levinson suggested since the City will be requiring these facilities over the next 2-6 years to install generators, that the City notify them as a courtesy. Mayor Perlman concurred with comments expressed by Mr. Levinson and agreed that there needs to be some kind of notification process; however, it does not necessarily have to be a part of this ordinance. Mrs. Montague moved to approve revised Ordinance No. 35-06 on FIRST 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. 12.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. Ifpassed, a public hearing will be scheduled for June 20, 2006. The caption of Ordinance No. 31-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", 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; PROVIDING A SAVING CLAUSE, - 21 - 06/06/06 A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-06 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this ordinance is to accommodate the Unity Collaborative and other people who may be on other City Board members (Phase II of the R.A.C.E. Relations initiative). Mr. Fetzer moved to approve Ordinance No. 31-06 on FIRST 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. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manal!:er With regard to Mayor Perlman's suggestion about obtaining possible grants from the trust for public lands, the City Manager stated the contact person is out of the office until after Memorial Day and should be in touch with the City of Delray Beach shortly (he may have already done so by now). Secondly, the City Manager stated the City of Delray Beach received an award from the Innovation Group for the Delray Youth Vocational Charter School and noted that Dr. Little would like to keep this award at the school. The City Manager stated he received many compliments about the program and he feels the Innovation group attracts local governments that are innovative in trying to be on the cutting edge of developments in government services. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer commented about the Evaluation and Appraisal Report (EAR) meetings regarding the Comprehensive Plan. He stated this has been a difficult process; however, he feels it is good from the standpoint that the City has not excluded anyone from giving their input and has given everyone a chance to participate in these meetings. - 22- 06/06/06 Mr. Fetzer thanked City staff and the City Attorney for the job they have done in trying to do this in an orderly manner. I3.C.2. Mrs. Ellis Mrs. Ellis also commented about the Evaluation and Appraisal Report (EAR) meetings and stated she was disappointed in the attendance. However, she stated the meetings were very informative and she met people who really had an interest in serving their community. Secondly, Mrs. Ellis stated Friday evening she was at the beach and counted 18 dogs on the beach. She believes pet owners do not realize that it is illegal to have dogs on the beach. Mrs. Ellis stated we really need to work on this issue and suggested that the City of Delray Beach publicize those places where dogs are really allowed. 13.C.3. Mrs. Montae:ue Mrs. Montague stated the S.P.I.R.I.T. (Service, Performance, Integrity, Responsible, Innovative, and Teamwork) is alive and well. She stated staff is very enthusiastic about making changes and making things more aesthetically pleasing. Mrs. Montague thanked the City Manager and all the participants. She commented about how nice the chairs and waterfall look in the lobby at City Hall. I3.C.4. Mr. Levinson Mr. Levinson echoed comments expressed by Mrs. Ellis regarding pets on the beach and suggested that staff inform the Police Department the times of day that this really needs to be controlled. Secondly, he stated the North Federal Highway Plan called for mixed-use development and suggested that staff revisit this Plan. With regard to Mrs. King's comments about the sewage, Mr. Levinson suggested that staff plan the pricing for the City's fall budget to include the extension of the sewer line (a mile or two) and stated the cost is $1,000.00 an inch. He suggested calculating the cost to see what it would do to the operation and maintenance budget at the plant and then bring this issue back and propose an increase in the sewer rates. Mr. Levinson explained that this issue is not as simple as it is purported to be. Lastly, he stated he will be on vacation and will miss the June 13th and June 20th City Commission meetings. - 23 - 06/06/06 I3.C.S. Mavor Perlman Mayor Perlman stated with regard to comments expressed by Mr. Levinson about the sewage, he stated the City has been working on this for approximately two years. Secondly, Mayor Perlman stated he attended the graduation for the Delray Youth Vocational Charter School which was a very happy and moving experience and noted this was the first graduation without Officer Johnnie Pun. Mayor Perlman stated Officer Hart is doing a terrific job with having to step into a very difficult circumstance. He stated he spoke at the graduation and the challenge for them will be that as new Commissioners come on board to make sure they understand how important this project is to the community. He stated he had the opportunity the week before last to go with a group to Kansas City for the Neighborhood USA Conference which was excellent. Mayor Perlman stated the theme was "responsibility" and it brought back memories for him about what Chief Overman and Mayor Lynch once talked about with regard to neighborhoods and people having a responsibility. Mayor Perlman stated there is a reading bench that was donated to the City of Delray Beach by St. Joseph's School (currently in the lobby of City Hall near Human Resources) in honor of the reading initiative. He stated the reading bench is a piece of public art that was done by the students and the art teacher. Mayor Perlman stated on Thursday, June 8, 2006 the City of Delray Beach is hosting a conference with the Urban Land Institute. He stated this will be held at Old School Square and approximately 150 people will be in attendance coming from Miami to Port St. Lucie. Mayor Perlman stated there will be a private sector panel talking about development challenges in the current market conditions as well as affordability issues. He will be participating in the public sector panel with Mayor Abrams and the Chairman of the St. Lucie County Commission with different perspectives of what is going on in government around "smart growth". Mayor Perlman stated the keynote speaker is Harriet Tregoning, Executive Director of the Smart Growth Leadership Institute, who was also the Director of Planning for the State of Maryland which received much recognition approximately ten years ago for smart growth on a statewide level. Mayor Perlman stated he and Diane Colonna will be doing a one hour case study on Delray Beach. Lastly, the City Manager asked if the presentation Mayor Perlman and Diane Colonna will be doing can be video taped and put on Channel 98. The City Manager stated staff will explore this further because he feels this is part of trying to get new people some perspective on how we got to where we are and where we came from. Mayor Perlman stated Diane is working on a PowerPoint presentation and suggested that this be placed on the City's web site. - 24- 06/06/06 There being no further business, Mayor Perlman declared the meeting adjourned at 8:21 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 June 6, 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. - 25- 06/06/06 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY 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. ComDrehenslve Plan - Future Land Use and MaD: 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 4 No 1 b. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No 0 1 r+etn q, It, c. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 4 No 1 II. LDR REQUIREMENTS: a. LOR Section 2.4.5(E) Reauired Flndlnas: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes 5 No 0 b. Performance Standards for 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 3 No 2 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves ~ denies 2 the conditional use request subject to all conditions set forth in the staff 2 report except Condition No. 3 and Technical Item No. 8 under Condition No. 1 and hereby adopts this Order this 6 day of June, 2006, by a vote of 3 in favor and 2 opposed. ~~:~~~. ~~~:'J 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 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 SPECIAL MEETING/WORKSHOP JUNE 13, 2006 A Special Meeting/Workshop of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, June 13,2006. Roll call showed: Present - Commissioner Rita Ellis Commissioner Fred B. Fetzer Commissioner Brenda B. Montague Mayor Jeff Perlman Absent - Commissioner Jon Levinson Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1. BENEFIT CALCULATIONS BY PLAN ADMINISTRATOR/CERTIFICATION PAY /POLICE/FIRE PENSION BOARD: Consider taking legal action regarding the Police/Fire Pension Board's change in benefit calculations to include certification pay. Susan A. Ruby, City Attorney provided background information concerning the proposed inclusion of certain types of compensation in the earnings of the more than 100 retired members of the Police and Firefighters Retirement System. This proposal was not included in the members' pensionable earnings at the time they retired. The change would result in a recalculation of the pension benefits and contributions of the retired members, to as far back as December 1, 1993. The issue was before the Commission for their decision to proceed with litigation. If the consensus of the Commission agreed upon litigation, Lewis, Longman & Walker, P.A., on behalf of the City, would bring suit to the Police and Firefighters Retirement System Board of Trustees. It was estimated that the change in calculation of pension benefits would increase the accrued liabilities of the retirement fund by $573,000, and would increase the cost of the plan by $37,000 per year, for 30 years. The City had not approved the change. Mrs. Ellis moved to initiate litigation on the pension calculation for certification lawsuit for declaratory relief; and the authorization to use Jim Linn of Lewis, Longman, and Walker, P.A., as the City's litigator, seconded by Mr. Fetzer. Upon roll call, the Commission voted as follows: Mr. Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; and Mrs. Ellis - Yes. Said motion passed 4-0. Mayor Perlman adjourned the Special Meeting at 6:03 p.m. WORKSHOP AGENDA Mayor Perlman modified the agenda and placed the Treasure Coast Regional Planning Council Presentation first (Workshop Item 4). 1. Treasure Coast Regional Planning Council Presentation Marcela Camblor, Director of Urban Design for the Treasure Coast Regional Planning Council, and Dana Litde an urban designer for the Planning Council, provided background information on the proposed recommendations for redevelopment of Hotel Vista Del Mar, Adantic Plaza and South Swinton Avenue. Susan A. Ruby, City Attorney preceded with a statement for the public; that the individual decisions on these proposals will be made at quasi judicial proceedings and that this is a presentation of the findings of the Treasure Coast Regional Planning Council. Two previous public workshops had been held at the Old School Square Gym, one on Saturday, May 6, 2006 and the other on Thursday, May 25, 2006. It was the consensus of the Commission the presentation on the proposed concepts for the redevelopment of Hotel Vista Del Mar, Adantic Plaza, and South Swinton Avenue, were very well done. 2. Joint Meeting with the Housing Authori1;y Dorothy Ellington, executive Director of the Delray Beach Housing Authority introduced the item and Gary Rosen, Chairman of the Housing Authority Board provided information regarding the redevelopment and revitalization activities underway relating to Carver Estates. The Board of Commissioners of the Delray Beach Housing Authority had appointed a committee comprised of Board member Dawn Guzzetta, Dorothy Ellington, the Executive Director, and Knox LaSister of Smart, Inc., to negotiate a contract with Auburn Development. The deal once negotiated will detail ownership, fee distribution, project management and other considerations for four (4) project components: Rental units, owner- 2 June 13,2006 occupied units, retail, and supportive services. Preparation is under way for an application to HUD for $20 million to be used to enhance the redevelopment efforts. A document of support was requepted from the City Commission. The next public meeting will be held on June 19,2006 at 6:00 p.m. at Village Academy. It was the consensus of the Commission to support and encourage the Housing Authority to continue providing information, and to involve the community on the progress of the redevelopment. 3. Joint Meeting with the Old School Square Board Dr. Jay Alperin, President of Old School Square introduced Board Vice President Brian Cheslack, staff members Peggy Murphy, and Melissa Carter, and Joe Gillie, Executive Director of Old School Square. The Old School Square Board requested the opportunity to discuss the components to be included in the park being planned for the area east of Old School Square before consultants commenced work on a conceptual plan for the park's elements. Joe Gillie, Executive Director of Old School Square presented the proposed elements which included expanding festival and event use, multidisciplinary activities, a walking path, a Green Market, interactive game tables, an interactive garage feature, a water element, a leisure area, and a public art and sculpture area. David T. Harden, City Manager stated CH2M Hill has been engaged to assist the City in gaining input as to what elements should be included within the park. Once gathered, this information will be sent out for a Request for Proposal (RFP). It was the consensus of the Commission to continue with the research and developmental plans in order to keep Old Schools Square a vibrant part of the Downtown element. 4. PAU Campus Development Presentation - Shelley Binegar. Asst. Director. Inter College Athletics Ms. Shelley Binegar, Assistant Director of Inter College Athletics was not present. Craig Angelo, Athletic Director of Florida Adantic University (FAD) in Boca Raton presented a PowerPoint overview of a proposed domed football stadium (!be Cultural Events Center) which could be utilized for multi-use events on the PAU campus. It was the consensus of the Commission that the proposal for the stadium was outstanding and they were in support of the project. 3 June 13, 2006 5. Drug Task Force Update Mrs. Pat Archer, former City Commissioner and Liaison to the Mayor's Drug Task Force Committee introduced several Drug Task Force members, and provided background information on accomplishments of the Task Force, and requested input from the City Commission. Commissioner Ellis is the current Commission Board Liaison. Mr. Alton Taylor, Executive Director of the Drug Abuse Foundation provided a PowerPoint presentation focusing on the Annual Report and Mission Statement of the Drug and Alcohol Treatment, Assessment, Maintenance, and Support Programs. It was the consensus of the Commission that the presentation was appreciated and informative. The Commission agreed to provide any Task Force related information of interest to the Committee. 6. Discussion of Communications and Marketing Strategy David T. Harden, City Manager introduced this item as a follow up to the Commission's goal setting process, and requested Commission comments and suggestion concerning the proposed Communications and Marketing Strategy; and direction whether the City should engage a consultant, and if so, what tasks should be imposed. Lyle Sumek, of Lyle Sumek Associates, Inc., recommended Jane Converse of Converse Marketing. Converse Marketing has sent a proposal to Staff recommending a telephone survey and an extensive charrette process as part of the plan development. It was the consensus of the Commission that a survey was a good format but the survey cost from Converse Marketing was prohibitive. It was suggested to expand the Public Information Office (pIa) within the City, resource for the external marketing, and extend the community outreach into the stakeholders' hands. Mayor Perlman adjourned the Workshop at 9:41 p.m. City Clerk ATTEST: MAYOR 4 June 13,2006 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, June 13, 2006, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 5 June 13,2006 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER fM AGENDA ITEM # ~f\. - REGULAR MEETING OF JUNE 20, 2006 FINAL PLAT APPROVAL/LITTLE WOOD ESTATES TO: SUBJECT: DATE: JUNE 16, 2006 This is before the Commission to approve the final subdivision plat for the Litde Wood Estates Plat, located on N.W. lsr Avenue near Lake Ida Road and Swinton Avenue. The property is a re-plat of a portion of Lot 12. The plat is being processed as a minor subdivision. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Litde Wood Estates. S:\City Clerk\agenda memos\Final Plat Little Wood Estates 062006 -<i ~/ ~.. o;~- '" J': ('~" ~ ~r-~~ City Of Delray Beach Department of Environmental Services MEMORAND U M TO: David T. Harden, City Manager FROM: Jill Skaggs, P.E., Asst. City Engineer DATE: June 8, 2006 SUBJECT: Little Wood Estates Plat Agenda Request The attached Agenda Request is for Commission approval of the Little Wood Estates Plat, a proposed minor subdivision, located on NW 1st Ave near Lake Ida Road and Swinton Avenue. This property is a replat of a portion of lot 12, in Section 8, Township 46 South, Range 43 East, of the map showing subdivisions of portions of Townships 45 and 46 S. Range 43 E. Plat Book 1 Page 4 Public Records of 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 loc~tion map and a reduced copy of the plat. If this meets with your approval, please place it on the June 20, 2006 Commission Agenda for approval. 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I I:=' -- --.r---. ~ -- ~()OD HIttEI= IrrtI~I:~.__.__~ ---- Q;.0 -::.~ ~ o~ <0 ST. r~ 6TH ST.-----/ [7 :,: _ Jz LAN[ r I I .--.j .j~ <:J ~!' ~.- CITY of DELRA Y BEACH E~RONMENTALSER~CESDEPARTMENT 434 BOVTH SWNTON AVENUE, DB..RAY BEACH, FLOFlDA 33444 LI TTLE WOOD ESTATES LOCATION MAP 2006-200 Vi J f-- 1---- - - ~ or-- z- 16- aJ- ~- :J Oi- l------ (f) ~ .~~ DATE; 06/08/2006 FILENAME 1 of 1 Date: 8 June 2006 AGENDA ITEM NUMBER: ~i\ AGENDA REQUEST Request to be placed on: --X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 20 June 2006 Description of Agenda Item (who, what, where, how much): Request is for Commission approval of the Little Wood Estates ~ Plat a proposed minor subdivision, located on NW 1st Ave near Lake Ida Road and Swinton Avenue. This property is a replat of a portion of lot 12, in Section 8, Township 46 South, Range 43 East, of the map showing subdivisions of portions of Townships 45 and 46 S. Range 43 E. Plat Book 1 Page 4 Public Records of Palm Beach County, Florida. Staff Recommendation: Approval ~ . Department Head Signature: jJ/; ~~ City Attorney Review/Recommendation (if applicable): 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: 8NO Initials: ~ Hold U nti!: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Little Wood Estates\2006 June 20 agenda. doc N.E. !5!~ gD r-----IIIJ III11 t]C' ~ ~ ~~N~E ~ ~ ~ ~ <l:-O~ a~ L~ ~ ITR~~ F NE CT. I-- t--) ~ --J~~ '----- ~ ~]~f@J 4TH , 1/ If - - I-- W. 5TH I ~~ <( ~ I--- .:!,. ~ S ,:s ST. ~O D - ~N.E. ". c, 'A::~ v~ ::'t><V ~ N.E. - - -~. -- -- -- -f-- -f-- -I-- -I-- . -I--~ -f-- -f-- -I-- -I-- -"- ~ ;-- -- 6TH - o Z N_ f-- c,...... X<v<l:-'tJ - 5TH - - w -z- 7TH ST. """ -~~ WI--- <( :il--- - - I--- ACURA OF OELR A Y BEACH - - - 6TH - 5TH I - ~ -- N.E. 5TH \- I--- PUBLlX N.E. ..... o z I--- .-- ci- z- >=- :I:- .- U'l ;-- ::> I--- I--- ST. >= :I: '- ~ WAL- GREENS I--- I--- I--- - I--- - - - - - ~'- ~_ ST. - II!: POST OFFICE -~ - i--- , I ~ o -q: a:: 0 0_ _u..j a:: w z ~ ..J a:: 8::-- <( w z a:: w > <( a z N I- - I--- 1Il ~ ~ z I): <( ~ z N - CITY OF DELRAY BEACH. Fl PLANNING '" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- - '- -~- _:I: f-- - - - - I--- ~ :I: -~ I-- I-- I-- .1-- ~I-- <(I-- I-- I-- I-- I-- I-- '-- - '-sT:- I I - - - - - - f-- I--- I--- I--- W f-- I Z I-- I-- ~ '--- ...J < a:: UJ c UJ ..... I-- I-- I--- f--- ;;i.1-- I-- I--- f--- eJ I--- I--- I--- I-- C I--- I--- I--- f--- ~1-- I-- - f--- I-- I-- - I-- I-- I-- - I-- I I- -1--<0 ~ 11/ T !-- I--- I----- f-- I----- ~RO---- -.UW ~~ 'IT TIT c--- i--- i--- ====j i--- i--- 0 a:: r<) ~ N.E. I . - =11 3E _~_ DJ:: I----- __ -iT-- I - f--- f----- I--- I-- I--- ,'-- rr~ 2ND ST. ([[[I] ~ ~=o o~'= ~\-_~ ~~- <(==g:=~g - ~-~~~ - ::> ri.rLL a:: - -~ Hl1T~- == = = r~ N.E. r-/ I <.5 u.i (j I CITYSCAPE - ABANDONMENT OF A 10' WIDE SEWER EASEMENT- I - ...----S T,.:..-- f-- I-- I- f-- I- 1-1- -f-- -I-- -I-- -f-- -"- ~- <( - f-- I- MAP REF: LM804 I--- I ~ 0:: t- I I :./- ..J -q: Q- IL I l= RESOLUTION NO. 41-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 10-FOOT WIDE SEWER EASEMENT LYING WITHIN LOTS 4 THROUGH 10 OF BLOCK 97, HIGHLAND PARK (PLAT BOOK 2, PAGE 79), AS RECORDED IN ORB 921, PAGES 420-421, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "Au. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 10 foot wide sewer easement, as recorded in Official Records Book 921, Page 420 and Official Records Book 921, Page 421, of the Public Records of Palm Beach County, Florida, as more particularly described in Exhibit "A"; said easement being located within Lots 4 through 10 of Block 97, Highland Park (PB 2, PG 79); WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, 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 easement, 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. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "AU PASSED AND ADOPTED in regular session on this the _ day of ,2006. MAYOR A TIEST: City Clerk Exhibit "A" Easement Description 10' Utility Easement to be Abandoned THE WEST 10 FEET OF THE EAST 20 FEET OF LOTS 4 THROUGH 10, INCLUSIVE, BLOCK 97, HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 2 Resolution No. 41-06 SKETCH OF DESCRIPTION EXHBT >>A" Sl-EET 1 OF 1 Exhibit nAn ~ ! lLJ oA ~'\ TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~~_ PAUL DORLlNG, DIRECTOR OF PLANNING & ZO~ NGUYEN TRAN, SENIOR PLANNER MEETING OF JUNE 20, 2006 *** CONSENT AGENDA *** APPROVE RESOLUTION NO. 41-06 ABANDONING A 10-FOOT WIDE SEWER EASEMENT LYING WITHIN LOTS 4 THROUGH 10 OF BLOCK 97, HIGHLAND PARK (PB 2, PG 79), LOCATED ON THE WEST SIDE OF N.E. 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAY) BETWEEN N.E. 3RD STREET AND N.E. 4TH STREET. The request involves abandoning a 10-foot wide sewer easement along N.E. 5th Avenue (Federal Highway) lying within Lots 4-10, Block 97, Highland Park. The sewer easement was dedicated to the City of Delray Beach in August of 1963 by two Easement Deeds recorded in Official Records Book (O.RB.) 921, Page 420 and O.RB. 921, Page 421. Currently, no City facilities have been identified within this easement area. The abandonment request was submitted by Porten Companies, the developer and owner of the property. The development proposal is to abandon this sewer easement thereby cleaning up the site to accommodate a mixed use development named Cityscape. The property currently contains the Scobee Ireland Funeral Home, Native Florida Gallery (fka Dee's Alterations) and a single family home. The proposal will involve the relocation of the two structures and the demolition of the funeral home and construction of seventy-five (75) residential units and 24,000 sq. ft. of commercial space. At its meeting of January 24, 2005, the Planning and Zoning Board approved a conditional use request to allow an increase in building height to exceed 48 feet. On April 5, 2006, the Site Plan Review and Appearance Board granted site plan approval for the mixed use development on this site. A final plat for Cityscape is being processed concurrent with this abandonment request. Pursuant to LDR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission granting an abandonment of a public easement: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department (ESD) did not locate any City utilities within the proposed abandonment area. Since the easement was dedicated exclusively to the City of Delray Beach as a sewer easement, Florida Power & Light, Adelphia Cable, Florida Public Utilities Company and BellSouth would not have an interest in this request and therefore are not required to comment. The proposed Cityscape development will connect to existing mains located to the rear of the property along the alleyway adjacent to the Florida East Coast (F.E.C.) Railroad; therefore, this easement is no longer needed. By motion, approve Resolution No. 41-06 to abandon a 10' wide sewer easement lying within Lots 4 through 10 of Block 97, Highland Park (PB 2, PG 79), 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(N)(5), Abandonment of Public - . . . oA cr\ TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~ ~ PAUL DORLlNG, DIRECTOR OF PLANNING & ZON NGUYEN TRAN, SENIOR PLANNER MEETING OF JUNE 20, 2006 *** CONSENT AGENDA *** APPROVE RESOLUTION NO. 41-06 ABANDONING A 10-FOOT WIDE SEWER EASEMENT LYING WITHIN LOTS 4 THROUGH 10 OF BLOCK 97, HIGHLAND PARK (PB 2, PG 79), LOCATED ON THE WEST SIDE OF N.E. 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAY) BETWEEN N.E. 3RD STREET AND N.E. 4TH STREET. The request involves abandoning a 10-foot wide sewer easement along N.E. 5th Avenue (Federal Highway) lying within Lots 4-10, Block 97, Highland Park. The sewer easement was dedicated to the City of Delray Beach in August of 1963 by two Easement Deeds recorded in Official Records Book (O.R.B.) 921, Page 420 and O.R.B. 921, Page 421. Currently, no City facilities have been identified within this easement area. The abandonment request was submitted by Porten Companies, the developer and owner of the property. The development proposal is to abandon this sewer easement thereby cleaning up the site to accommodate a mixed use development named Cityscape. The property currently contains the Scobee Ireland Funeral Home, Native Florida Gallery (fka Dee's Alterations) and a single family home. The proposal will involve the relocation of the two structures and the demolition of the funeral home and construction of seventy-five (75) residential units and 24,000 sq. ft. of commercial space. At its meeting of January 24, 2005, the Planning and Zoning Board approved a conditional use request to allow an increase in building height to exceed 48 feet. On April 5, 2006, the Site Plan Review and Appearance Board granted site plan approval for the mixed use development on this site. A final plat for Cityscape is being processed concurrent with this abandonment request. Pursuant to LOR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission granting an abandonment of a public easement: The abandonment will not result in the detriment for the provision of utility seNices to the adjacent properties or the general area. The City's Environmental Services Department (ESD) did not locate any City utilities within the proposed abandonment area. Since the easement was dedicated exclusively to the City of Delray Beach as a sewer easement, Florida Power & Light, Adelphia Cable, Florida Public Utilities Company and BellSouth would not have an interest in this request and therefore are not required to comment. The proposed Cityscape development will connect to existing mains located to the rear of the property along the alleyway adjacent to the Florida East Coast (F.E.C.) Railroad; therefore, this easement is no longer needed. By motion, approve Resolution No. 41-06 to abandon a 10' wide sewer easement lying within Lots 4 through 10 of Block 97, Highland Park (PB 2, PG 79), 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(N)(5), Abandonment of Public Easements, of the Land Development Regulations. Attachments: Location Map Abandonment Resolution 41-06 S:IPlanning & ZoninglBOARDSlCITY COMMISSIONlAbandonment of Easement-Cityscape.doc '6~ RESOLUTION NO. 41-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 10-FOOT WIDE SEWER EASEMENT LYING WITHIN LOTS 4 THROUGH 10 OF BLOCK 97, HIGHLAND PARK (PLAT BOOK 2, PAGE 79), AS RECORDED IN ORB 921, PAGES 420-421, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 10 foot wide sewer easement, as recorded in Official Records Book 921, Page 420 and Official Records Book 921, Page 421, of the Public Records of Palm Beach County, Florida, as more particularly described in Exhibit "A"; said easement being located within Lots 4 through 10 of Block 97, HigWand Park (PB 2, PG 79); WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, 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 easement, 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. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the _ day of ,2006. MAYOR ATTEST: City Clerk Exhibit "A" Easement Description 10' Utility Easement to be Abandoned THE WEST 10 FEET OF THE EAST 20 FEET OF LOTS 4 THROUGH 10, INCLUSIVE, BLOCK 97, HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 2 Resolution No. 41-06 30.0' DA TE: APRIL 28, 2006 O'BR/EN, SUITER &: O'BR/EN, INC CERT/FICA TE OF AUTHORlZA T/ON ILB353 SURVEYOR AND MAPPER /N RESPONSIBLE CHARGE: PAUl.. D. ENGLE 955 N. W. 17TH A VENUE, SUITE 1<1 DELRA Y BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 ORDER NO. 04-11AB - ~N'E' ",. c.. ~~ 'v~ ~<v <), N.E. - - -~. - f---- -- -- -- -- -- 1 - -- 6TH I~~R> I--- .:,.'r' 'I0-S- ST. ~O D N.E. - o Z N_ N.E. - c.."" <.;<V~~ - 5TH - - w -z- POST OFFICE ~ w > < < - - - - - - -- -~ - - - -0 - _z N I- VI u.! z s:- < :;: w > 0-- a:: l:l LL w--z --' (l. (l. < w z a: N - CITY OF DELRA Y BEACH. FL PLANNING & ZONING DEPARTMENT -- OIGITAL BASE MAP SYSTEM -- 5TH 5TH ST. N.E. ~ '--- ---- ~ - w -- '---;(- . - f----- I--- - - - ~ - f----- '--_ - :J: _ f----- '-- _ - - -f----- __ _ ;i ;i - f----- -- a::: I--- - a::: I--- I--- -- ~I----~ __ ~f----- -~ _ _ I I- 1IJ 3RD ~. llliJJ TIT ~~ - - - - - - - - - - - f----- - f----- W - I- Z I-- f----- ~s i ~ ~.E.I I I 17~HI I Uc.."" ~ L I~~I ::fLAy oCJ..~ _, ::> a::: BEACH ~ L--- 0 0 a III Z TERR. ~ - N.E. 6TH H"'-== ~ -- ---J= - CR ~ ~3o ~ ~ H,,~~ ; 1.4! 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HARDEN, CITY MANAGE w~ PAUL DORLlNG, DIRECTOR OF PLANNING AND 0 ING NGUYEN TRAN, SENIOR PLANNER MEETING OF JUNE 20, 2006 ***CONSENT AGENDA*** APPROVE RESOLUTION NO. 42-06 ABANDONING A PORTION OF THE EAST- WEST ALLEY AND NORTH-SOUTH ALLEY LYING WITHIN BLOCK 77, TOWN OF LINTON (DELRAY) PLAT ASSOCIATED WITH THE WORTHING PLACE BLOCK 77 DEVELOPMENT. 0.0, rJr 1 The east-west alleyway in Block 77 extends from S.E. 1st Avenue, on the west, to S.E. 2nd Avenue on the east. The north-south alleyway extends from S.E. 1st Street on the south, to the east-west alleyway on the north. The subject alley is made up of four parcels of land, each with their own legal description (see attached map). The alleyway depicted on the map as Parcel A and Parcel B were dedicated with the recordation of the Town of Linton Plat (PB 1, PG 3) in July of 1896. The additional 16' wide east-west alleyway depicted on the map as Parcel C and Parcel D were dedicated by a right-of-way deed dated September 14, 1936 (Deed 533, Page 103). The property has an extensive land use history and the following are the most recent land use actions regarding the subject property. At its meeting of December 13, 1999, the Planning and Zoning Board recommended approval of the abandonment request based upon positive findings with respect to LDR Section 2.4.6(0)(5), Abandonment of public rights-of-ways. At its meeting of January 4, 2000, the City Commission approved the Conditional Use request for Worthing Place included the alley, with a density over 30 units per acre and a building height of up to 60 feet. At its meeting of May 24, 2000, the Site Plan Review and Appearance Board granted site plan approval for a 219-unit, 12,292 square foot mixed use development on the subject property. At its meeting of May 15, 2005, the City Commission approved the Final Boundary Plat for Block 77. The relocation and/or removal of existing utilities have been adequately addressed on the engineering plans and all necessary easements have been provided on the plat. Additional background and a complete analysis of the request are found in the attached Planning and Zoning Board report. The abandonment was originally scheduled to be considered by the City Commission in conjunction with final plat approval; however, the applicant requested that the item be pulled. On December 13, 1999, the item was considered by the Planning and Zoning Board. Chairman Bird opened the public hearing and no one from the public spoke. The Board voted 6-0 (Morris abstained) to recommend approval of the abandonment of a portion of the east-west alley and north- south alley lying within Block 77, Town of Linton, based upon positive findings with respect to LDR Section 2.4.6(M)(5). Approve Resolution No. 42-06 abandoning a portion of the east-west alley and north-south alley, lying within Block 77, Town of Linton Plat, by adopting the findings of fact and law contained in the Planning and Zoning staff report of December 13, 1999, 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 Public Rights-of-Ways of the Land Development Regulations. Attachments: Location Map, Abandonment Resolution, P&Z Staff Report of December 13, 1999 S:\Planning & Zoning\BOARDS\CITY COMMISSION\Worthing Place Abandonment-Block 77b.doc ~ RESOLUTION NO. 42-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE EAST-WEST ALLEY AND NORTH-SOUTH ALLEY LYING WITHIN BLOCK 77, TOWN OF LINTON (NOW DELRA Y BEACH), AS RECORDED IN PLAT BOOK 1, PAGE 3, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of the east-west alley and north-south alley lying within Block 77, Town of Linton, as more particularly described in Exhibit "A"; and WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(M) (3) (e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on December 13, 1999, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5); and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive fIndings pursuant to LDR Section 2.4.6(M)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, as more particularly described as follows: See Exhibit "A" ATTEST: PASSED AND ADOPTED ill regular seSSIon on this the _ day of ,2006. MAYOR City Clerk 2 Resolution No. 42-06 .-~ .......... Exhibit "A" DESCRIPTION: THAT PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY LYING SOUTH OF AND ADJACENT TO LOTS 4, 5 AND 6; AND THAT PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY LYING WEST OF AND ADJACENT TO LOTS 13, 14, 15, AND 16; AND THE NORTH 16.0 FEET OF LOT 7; AND THE NORTH 16.0 FEET OF LOT 13; ALL BEING IN BLOCK 77, TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK I, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ATLANTIC AVENUE -"-.'-", r.'-.'-"- , I I I I I . wi :;:1 , I I 0' ZI N, I I wi U)I I I I I I I I L.._.._.._ I I I _.._.._..--.J N CITY or DElRAY BEACH. Fl PLANNING &: ZONING DEPARTMENT -- OlGffAL BAse MAP SYSTEM -- w (f) 1 I 3 5 2 4 6 . W > <( 7 13 en f- U) 8 14 .-J lLJ (.) Q: < Q --.-.---.---. ...- 9 1- 1- 15 ____._._. "0_' . _.___"___. 10 16 11 1 7 12 18 S.E. 1 ST ST. BLOCK 77 PARCEL DESCRIPTIONS ,l PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: ---STAFF REPORT--- December 13, 1999 V.D. Abandonment of a Portion of the EastlWest and North/South Alleyways within Block 77 in Conjunction with the Worthing Place -Development, Located South of E. Atlantic Avenue, Between S.E. 1st Avenue & S.E. 2nd Avenue. GENERAL DATA: Owner.. .......................... Applicant....................... . Agent......... ..................... Location... ........ ... ...... ...... Property Size.................. Future Land Use Map..... Current Zoning................ Adjacent Zoning....North: East: South: West: .Existing Land Use........... Proposed Land Use........ Water Service................. Sewer Service.:............... City of Delray Beach Block 77 Development Group, L.C. Michael Weiner, Esquire South of E. Atlantic Avenue, between S.E. 1st Avenue & S.E. 2nd Avenue 0.262 Acre Commercial Core CBD (Central Business District) CBD CBD CBD OSSHAD (Old School Square Historic Arts District) & CBD Improved North/South and EastlWest Alleyways Abandonment of portions of the alleyways in association with the Worthing Place Development. Existing on Site. Existing on Site. ,. .- - w w > > <( <( l- e ~ z '" OLD 4 SCHOOL w Iffh w ~ i :i ;i ; SQUARE ? ($,(J ; ; A T l A NT I C AVENUE , ! - '" ., . .. .. w ~ g ~ ~ ~ g w I~ 9 9 9 9 > <( jgjlL.fr:f lOT 7 lOT lJ /ffJ1bftf @~ ($@ lOT B LOT I. lOT 1/ lOT IS lOT 10 lOT '6 ~Ib ~ lOT 11 , .j, lOT 17 l- e ~ z J lOT 12 LOT 1B '" S.L 1ST ST. I I f- 0 @JgiJ[ Iff; M' <( !J'~ 0 <; ~ It: ?@ -J v :(( It: W W lJ_- vi vi W k N J . ITE .. . BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the east-west alley and north-south alley lying within Block 77, Town of Linton (Oelray) Plat. This right-of-way abandonment is being processed pursuant to LOR Section 2.4.6(M), Abandonment of Rights-of-Way. The east-west alleyway in Block 77 extends from S.E. 1st Avenue, on the west, to S.E. 2nd Avenue on the east. The north-south alleyway extends from S.E. 1st Street on the south, to the east-west alleyway on the north. The subject alley is actually made up of four parcels of land, each with their own legal description. . Please see the attached "Parcel Descriptions" map. Parcels "A" and "B" were dedicated with the recordation of the Town of Linton (Oelray) Plat, dated July 29, 1896 (Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida). Parcels "C" and "0" represent the north 16.0 feet of Lots 7 & 13 (respectively), Block 77, of said Town of Linton Plat, and were subsequently dedicated by a right-of-way deed dated September 14, 1936 (according to Deed 533, Page 103, of the public records of Palm Beach County, Florida). The entire subject abandonment area is currently improved, and functions as both an alleyway and circulation system I parking lot. Parcel A: This portion of the subject alleyway is the east half of the original 16 foot east-west alley, lying directly adjacent to the south lines of Lots 4, 5, and 6 of Block 77. Parcel "A" measures 16' x 143.13', and contains approximately 2,290 sqft. Parcel B: Represents the portion of the 16-foot north-south alley, directly adjacent to the west lines of Lots 13, 14, 15, and 16 of Block 77. Parcel "B" measures 16' x 298.92', and contains approximately 4,783 sqft. Parcel C: Parcel "C" is the north 16 feet of Lot 7, Block 77. Parcel "C" measures 16' x 135.14 and contains approximately 2,162 sqft. Parcel 0: Parcel "0" is the north 16 feet of Lot 13, Block 77. Parcel "0" measures 16' x 135.13 and contains approximately 2,162 sqft. Planning and Zoning Board Staff Report Block 77 Alleyway Abandonment Page 2 The abandonment request was submitted by the Block 77 Development Group, which were chosen by the Community Redevelopment Agency (CRA) through a Request for Proposal (RFP) process and subsequent contract, to develop a mixed-use project on this block. The proposed project, known as 'Worthing Place", will contain 219 residential units and 12,292 sqft. of retail in a six-story structure. An associated parking garage is to be constructed on the adjacent Block 69, and transferred to the City upon completion. . Please see Reference Maps ''8'' & "0" for the following section. The Block 77 Development Group currently owns: the south 9.5 feet of Lot 15; Lot 16, the north 50.5 feet of Lot 11; and Lot 10. Through agreements and contract with the CRA they will receive: the south 59.84 feet of Lots 4, 5, and 6; the south 58 feet of Lots 7 & 13; Lot 14; and the north 65.2 feet of Lot 15. The Block 77 Development Group also has Lots 8 and 9 under contract. The total land area of the project, including subject alleyways, is 2.37 acres. The applicant has concurrently submitted for Conditional Use Approval for the intended project. The aggregated parcels will also require site plan and plat approval. According to the aforementioned contract the applicant is to receive the abandoned right-of-way on the closing date. In order to accommodate this condition, the effective date of the abandonment resolution will be the closing date of the contract. "ANALYSIS 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. properly 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. Accordingly, the Applicant is entitled to the entirety of the subject abandonment, as they will be the fee simple owners of all adjacent lots, on the effective date of the abandonment resolution. Improvements in the Allev . Please see Reference Map lie" for the following section. Together, Parcels A, C, D, and the portion of Parcel B adjacent to lots 7 & 13, in conjunction with the west half of the platted 16' east-west alley (not part of the abandonment proposal), the south 58 feet of Lots 7 & 13, and the south 59.84 feet of Lots 4, 5, & 6, currently function as both an alleyway (providing access between S.E. 1st Avenue and S.E. 2nd Avenue, and to the rear of the G.R.I.P. Building), and a public parking lot. According to the aforementioned contract, Section XIII (0)(9) states that the applicant shall execute and deliver a temporary easement to the City for the Planning and Zoning Board Staff Report Block 77 Alleyway Abandonment Page 3 continued, unobstructed use of the existing 63 parking spaces, until such time that the associated parking facility in Block 69 is completed and conveyed to the City of Delray Beach. The north-south alley is paved, and provides access to the rear of all parcels lying south of the east-west alley. Utility Services The Environmental Services Department (ESD) has identified water & sewer facilities in the subject area. ESD has stated that all facilities located in the subject abandonment area will need to be relocated. The Florida Public Utilities Company has identified a 2" natural gas main running through Parcel "A", and a 1.25" natural gas main through Parcel "B". These facilities will need to be relocated. Florida Power & Light (FPL) has identified numerous existing facilities located in the subject area, which include, but not limited to: 40 foot class 5 poles, two (2) phases of primary overhead lines, multiple services drops, street light facilities, and overhead transformers. FPL will require a ten (10) foot easement that centers on the existing distribution facilities, or relocation of facilities. BellSouth and Adelphia Cable have also identified existing utilities in the subject abandonment area, and will require replacement easements or relocation. The City's Fire Department has reviewed the request and has no objection to the abandonment. According to Section XIII (I) of the contract between the CRA and the Applicant: Buyer further acknowledges that Buyer shall be required to provide, at Buyer's expense, such utility easements or replacement easements for the relocated utilities together with temporary easements to the utilities and facilities on the property conveyed hereunder which temporary easements shall be terminated on the relocation of said utilities and the City's receipt of the permanent easements thereby as the City and applicable utilities may reasonably require. Buyer shall be responsible for all costs of relocating and substituting any required utilities. Satisfactory disposition of all utility issues, according to the terms and conditions of the aforementioned contract will be a condition of approval for this abandonment. Planning and Zoning Board Staff Report Block 77 Alleyway Abandonment Page 4 REQUIRED FINDINGS I Pursuant to LOR Section 2.4.6(M)(5), prior to any right-of-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. Currently, water & sewer mains, Florida Public Utilities, Florida Power & Light, Adelphia Cable and BellSouth services are located within the subject alleyway. As per the terms and conditions of the aforementioned contract, the applicant is responsible to grant replacement easements and/or provide for the relocation of existing utilities. The contract specifically states that the applicant will be responsible for all associated costs of this process. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject alley will not prevent access to any adjacent parcel, as all affected parcels will be owned by the applicant, and incorporated into the development plan. Primary access to all parcels within Block 77 from S.E. 1st & 2nd Avenues and S.E. 1st Street will not be affected from the proposed abandonment. In addition, parcels not included in the proposal that currently utilize the alleyway for secondary access will maintain this ability via the remaining portion of the alleyways. However, the proposed abandonment will result in the remaining portions of both the east-west alley and the north-south alley becoming dead-ends. The current site plan shows adequate turn-around areas at the interior terminus of each alleyway. The adequate provision of turn-around areas, through the site plan approval, will be a condition of approval for this abandonment. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. As noted above, access will continue to be provided to the parcels on the south end of the block via S.E. 1st & 2nd Avenues, S.E. 1st Street, and the remaining portion of the north-south alley. The GRIP Building will retain their present access to the rear of their building from S.E. 1st Avenue and the remaining portion of the east-west alley. Adequate turn around will be provided at the terminus of each alley. All utilities currently located in the subject alley will be relocated so that they will provide the same or better services to the adjacent lots. This will be a condition of approval for this abandonment. Planning and Zoning Board Staff Report Block 77 Alleyway Abandonment Page 5 REVIEW BY QTHERS The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency), and the DDA (Downtown Development Authority). The CRA considered the Worthing Place mixed-use development at its October 28th meeting, and recommended approval. The DDA also recommended approval after reviewing the development proposal at the October 20th meeting. The development proposal is not within a geographical area requiring review by the HPB (Historic Preservation Board). Courtesy Notices: In conjunction with the concurrent conditional use request, numerous courtesy notices were provided to homeowner associations and other groups. A complete list of recipients can be referenced in the conditional use file. 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. By abandoning this area to private interests, the City is fostering growth and the redevelopment of the downtown. As the purpose of the abandonment is to incorporate the vacated area with the adjacent parcels in an overall mixed-use development plan, surrounding business owners will benefit from the increased customer base. The abandonment will not prevent access to adjacent lots of record. Disposition of existing utility services located within subject area must be addressed as per the terms and conditions of the contract between the applicant and the CRA. Utility services will also be addressed with the site plan and plat submittals. Inclusion of adequate turnarounds for the remaining portions of the alleyway system must be addressed in the site plan. Planning and Zoning Board Staff Report Block 77 Alleyway Abandonment Page 6 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LOR Section 2.4.6(M)(5). 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LOR Section 2.4.6(M)(5). By motion, recommend to the City Commission approval of the abandonment of a portion the east-west alley and north-south alley lying within Block 77, Town of Linton (Delray) Plat, based upon positive findings with respect to LOR Section 2.4.6(M)(5). Attachments: . Location Map . Block 77 Reference Map . Block 77 Parcel Descriptions Map . Reduced Survey File: S:\Planning&Zoning\Boards\P&Z\Block77 Aban.doc I ~I _';.IlC I :;,0... r;, I ~I I. 'l..... I 'we -, ;~z \1 ~I C5 ;s.. ~I !21 I ~I ~ I I I I I I I I I I I I I I I I I I I ~ ..~ ;< . c . 735. ;~s......,.... :':':"'<<-1'-_1 13S.W ~.~V 't1< "C~ -.."ItI#l1l& LOT 7 BL OCr. 77 . ~. l' LOr 4 Lor 5 Lor 6 -r ((8 I 71 I ~. 7 . ;:;:' IL 0 C K -- --.j f' ' /I. " I II I ..u~ ,cue ,.~r 1'\'" ,. f "~ ~ t : : ~ Lor 13 BLOCK 77 UM'JJ5iA r " " ~" l;l" :.: .....:.: I ~g cl..> : -.i-.: ....,0 ~ C!l ...., C!l . i .. " ! ~~ 01" OIt : ~c. ....G : -" " 3~ ~ t'\:: l- " -.: C!l .....D 00 ~\ ...:...., C!l - I .....~ " " S;:>" !e" "- "- .....(3 ~G 0.... 00 ...:...., ...:...., Cll C!l /. . --- ~t'"~-A1" ::......su.-t'!;'T " " :::" ~" .....:.: " ~G 01..> va ...:0 -.!-: ...., C!l Cll ~ f ~ MEMORANDUM SUBJECT: MAYOR AND CITI COMMISSIONERS CITI MANAGERtJll:1 AGENDA ITEM # 3D - REGULAR MEETING OF JUNE 20. 2006 REQUEST FOR SIDEWALK DEFERRAL/1011 VISTA DEL MAR DRIVE NORTH JUNE 16, 2006 TO: FROM: DATE: This is before Commission to approve a request to defer the installation of a sidewalk in front of 1011 Vista Del Mar Drive North. Currendy, there are no sidewalks along Vista Del Mar Drive. Although a sidewalk may be installed in the future, there are no plans to install a sidewalk at this time. Therefore, staff is in support of the request to have the sidewalk in front of 1011 Vista Del Mar Drive North deferred. Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk improvements for 1011 Vista Del Mar Drive North until such time as the City requests the sidewalk to be constructed. S:\City Clerk\agenda memos\SidewalkDeferralRequest 1011 Vista Del Mar Dr N 062006 City Of Delray Beach Department of Environmental Services M E M 0 RAN DUM TO: David T. Harden {JJJ FROM: Randal L. Krejcarek, P .E. DATE: 9-Jun-06 SUBJECT: City Commission Agenda Item Sidewalk Deferral Request 1011 Vista Del Mar Drive North The attached agenda item is a request for a deferral of sidewalk installation in front of 1011 Vista Del Mar Drive North. This lot is a single family home located on the north side of Vista Del Mar Drive North. There are currently no sidewalks along Vista Del Mar Drive. Although a sidewalk may be installed in the future, there are currently no plans to install sidewalks along Vista Del Mar Drive. Therefore, I am supporting the request to have the sidewalk in front of Vista Del Mar Drive N deferred. The attached map indicates the location of this sidewalk deferral. Please place this item on the 20 June 2006 Commission Agenda. Thanks. enc cc Richard Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Carolanne Kucmerowski file Agenda File, June 20, 2006 S:IEngAdminlsidewalk deferralsl 1 011 Vista Del Mar Drive N agenda memo 2006-06-0B.doc r , 1 1 { >- \.. <( 1 ~ Cr: lLJ 1- < ~ o CD >- .0 "0 1l '0 0: E ~ I") I" '" o o N <{ - $ ~ - - 1 --1 ., <( 1- C/) <{ 0 /----I u <{ Cr: 1- Z - co o c: '" -, i:: :3 o .!=! :0 '" C- '0 1l o Cl 0> J: "0 c.: < ::!: U g VJ I=! ~ VJ I..LJ Cl o ~ ~ ? o o N I '" o o N ./' II> U CI.> 'e ~ ! Ie, ~~ Vi J j I~ <:( :> jw }-.1 i.:::> 0 en t=J :z . <:( w () SEA r 0 WATERWAY LANE ~. W ::J Z W > <( I if>. D MAR RIV ~ ~(l~r: f..-..'-- \ii1 if>. D'I MAR DRI~ Do // -- _ / 1 - >--; '\ ~ THOMAS -dz ...J t! 20 .J DRIVE W ::J Z W > <( z v: <( PJ LOWRY 1E~ ~~ ~~ )~ STREET .~ W N W W 0:: Q) <( w Vl A V E N U E 1 ATLANTIC 1 I ffil CITY of DELRA Y BEACH ENVIRONMENTAL SERVICES DEPARTMENT 434 80IJTH SWNTON AVENlE, DELl'lAY BEACH, FLOADA 33444 SPRAY AVE. I SANDOWA Y LANE T T a::: Q. ~ I- Ow Zz <l;<l; (/)-1 LAING ST. z o I- ::iE a::: ~6 J: U '--- VISTA DEL MAR DRIVE I STREET I '\ OJ I II 1011 VISTA DEL MAR DRIVE NORTH LOCATION MAP 2006-200 7 -; Ie I~ 1<:( I.. 7~ I 1 I I 10 <:( I~ IW I- <:( l- (/) DATE: 06/08/2006 1II11i1l1l1l..1IIIIllIl' 1 of 1 Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this ~ day of -<j(.,M....-A- 200_, between the City of Delray Beach (hereinafter the City) and ~"~c:.I-~ ~ ~~~ (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along f){.,~ 'b-<i Ua...r until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness ofthe above and in consideration ofthe City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1 ~ I \ Ul i- ~ ~ ( m..~ \f}. f(.l-<. .1...; I. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this _ day of ,200. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney WITNESSES: ~j~ OWNER: By: (l<<:/T2 2 Ill.~_~ C~"7tt:e~ (Please type or print name) ~~ ~ ~~t<:. (Please type or print name) STATEOFY(~ COUNTY OF JldWIIL ~ .-r-" The foregoing instrument was acknowledged before me this ,:). day of U~ , 200.t!by ~ f!JJ.skY'c4 C:Mf_~name of officer or agent), of (name of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did/did not take an oath. ~ ..J ~ - Signature of Notary Public - State of If....., . (SEAL) .....".~.... SANDRA A. LONGO /Jtf.'..~:.. MY COMMISSION # DO 441805 .~~j EXPIRES: June 16, 2009 :Wo", 90nded Thru Notary Public Underwriters agtl sidewalk deferral agreement 3 Cf( ...ery [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1<-;1 AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE: .~61/2-1.:1-70l)0. FACSIMILE: 561/27S-4755 DELRAY BEACH f l 0 10: I D A D:ftd All-America City Writer's Direct Line: 561/243-7091 , III J! DATE: MEMORANDUM June 12,2006 1993 2001 FROM: City Commission David Harden, City Manager R....-~ Brian Shutt, Assistant City Attorney TO: SUBJECT: Amendment to Chris Evert Aareement The attached amendment to the agreement between the City and Chris Evert Charities provides for the date of the Event and the due date for certain payments made by the City to Chris Evert Charities. This amendment also changes the name of the person receiving notice. Our office requests that this item be placed on the June 20, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Robert Barcinski, Asst. City Manager Brahm Dubin ~ AMENDMENT NO.1 TO THE AGREEMENT BETWEEN THE CITY AND CHRIS EVERT CHARITIES, INC. DATED OCTOBER 12, 2005 THIS AMENDMENT NO. 1 to the Agreement between the City of Delray Beach (City) and Chris Evert Charities, Inc. (Charities) dated October 12, 2005, is made this day of ,2006. WITNESSETH: WHEREAS, the City and Charities desire to amend the Agreement to clarify the date of the Event and the person receiving notice. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Paragraph one of the Agreement shall be changed to reflect that the date for the Classic shall be November 3-5, 2006. 2. Paragraph 3(b )(i) shall be changed to reflect that the due date for the first payment from the City to Charities for 2006 shall be due on or before October 9, 2006 and the second payment must be made by November 10, 2006. 3. Paragraph 30 shall be changed to reflect that notice shall be sent to the attention of Tami Starr and Noel Scott at Chris Evert Charities, Inc.. 4. All other terms of the original Agreement and amendments thereto remain in full force and effect, except as expressly modified herein. 5. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties to this Agreement. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be day of ,2006. CITY OF DELRAY BEACH, FLORIDA executed this ATTEST: By: City Clerk Jeff Perlman, Mayor Approved as to form: City Attorney WITNESSES: CHRIS EVERT CHARITIES, INC. By: (Name printed or typed) (Name printed or typed) (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 2006 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public - State of Florida 2 MEMORANDUM TO: FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER[~1 AGENDA ITEM # <br - REGULAR MEETING OF JUNE 20, 2006 UNDERGROUND FACILITIES CONVERSION AGREEMENT /FLORIDA POWER & LIGHT COMPANY (FPL) JUNE 16, 2006 SUBJECT: DATE: This is before the Commission to approve an Underground Facilities Conversion Agreement between the City and Florida Power & Light (FPL) in the amount of $100,752.00 for the provision of underground electric distribution facilities by FPL in place of the existing overhead electric distribution for the Old School Square (aSS) Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School Square). Recommend approval of an Underground Facilities Conversion Agreement with Florida Power & Light (FPL) in the amount of $100,752.00 for the provision of underground electric distribution facilities by FPL in place of the existing overhead electric distribution for the Old School Square (aSS) Parking Garage Project. S:\City Clerk\agenda memos\CM ass FPL Agmt 062006 City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.mydelraybeach.com TO: David Harden, City Manager FROM: Bob Diaz, Construction Man SUBJECT: OLD SCHOOL SQUARE P NG GARAGE (pIN 2004-044) Agenda Request; Execute an Underground Facilities Conversion Agreement DATE: June 20, 2006 The attached agenda item is for Commission to approve execution of the underground facilities conversion agreement and payment to Florida Power & Light Company for the provision of underground electric distribution facilities by FPL in place of existing overhead electric distribution facilities pursuant to the City of Delray Beach request regarding the Old School Square Parking Garage. The cost of this relocate is $100,752.00 and funding is available from account #380-4150-572- 63.29, 2004-G.O. Bond Old School Square A copy of the FPL agreement and invoice are attached for your review. If this is acceptable please place on the 20June2006 commission agenda. cc: Richard Hasko, P.E.; Director of Environmental Services Randal Krejcarek, P.E.; City Engineer Rafael Ballestero; Dep. Dir. of Construction Carolanne Kucmerowski; City Clerks Office Agenda file; 06/20/06 Project File; 2004-044(A) S:\EngAdmin\Projects\2004\2004-044\CONSTRC1\Agda Memo FPL 06.20.06.doc .' I=PL Payment Coupon General Mail Facility Miami, FL. 33188-0001 /610101200003138390000693484002570010007010101 B 01012 0000693484 0 7 01 01 01 Please mall this portion with your check CITY OF DELRA Y BEACH RANDAL KREJCAREK 434 S SWINTON AVE DELRAY BEACH FL 33444 Cust. No.: 313839 Inv. No.: 693484 Payment Due upon Amount Due Receipt This Invoice 06/21/2006 100,752.00 WO Reference #: 2167-40-416 Make check payable to FPL In US funds and mail payment to address below FPL GENERAL MAIL FACILITY MIAMI FL 33188-0001 Florida Power & Light Company INVOICE Federal Tax 10#: 59-0247775 Customer Name and Address Customer Number: 313839 CITY OF DELRAY BEACH RANDAL KREJCAREK 434 S SWINTON AVE DELRA Y BEACH FL 33444 Invoice Number: 693484 Invoice Date: OS/22/2006 B 01012 0000693484 0 7 01 01 01 Please Retain This Portion for your Records CURRENT CHARGES AND CREDITS Customer No: 313839 Invoice No: 693484 DESCRIPTION QUANTITY PRICE AMOUNT DSB REIMBURSABLE / LUMP SUM 1 100,752.00 100,752.00 RELOCATE/CONVERT OH-NEW CITY PARKING GARAGE-WR 2041196 2167-40-416 For Inquiries Contact: Total Amount Due $100,752.00 JOHN VAN VLEET Phone: (561) 479-4511 Payment Due upon Receipt 06/21/2006 Messages Florida Power & Light Company General Mail Facility Miami. FL. 33188-0001 UNDERGROUND FACILITIES CONVERSION AGREEMENT This Agreement, made and entered into this _ day of _' 2006, by and between City of Delrav Beach (hereinafter called the Applicant) and FLORIDA POWER & LIGHT COMPANY, a corporation organized under the laws of the State of Florida (hereinafter called FPL) is for the provision of underground electric distribution facilities by FPL in place of existing overhead electric distribution facilities pursuant to the Applicant's request for such facilities. In consideration of the premises, covenants and agreements set forth herein, FPL and the Applicant agree as follows: 1. The Applicant shall pay FPL a Contribution in Aid Of Construction (CIAC) in the amount of $ 100.752.00. 11'1 the eveRt the aetl:lal Gast af the prejeet saRtFastea f.gr RereiR, exseeas the CII\C iaEn~titiea a9ave, tAe ^pplisaRt shall pay aR aaaitiaRal Gantri91:ltioR eEll:lal te the lesser of the differeRGe getweeR the aGtl:lal Gest of the prejeet aml the CI/\C ideRtitied a9ElVe, Elr 1 Q% af the CIAC ideRtified a9El\'e. 2. Pursuant to this agreement, the Applicant agrees to cQmply with and abide by the requirements, terms, and conditions of FPL's Electric Tariff as those requirements, terms, and conditions are set forth in said Tariff. 3. Upon compliance with the requirements, terms, and conditions of FPL's Electric Tariff, FPL will proceed in a timely manner with the conversion of the existing overhead distribution facilities to an underground configuration in accordance with the construction drawings and specifications set forth in Attachment A hereof. 4. In the event that the underground facilities to be installed, as specified in Attachment A, are part of, or are for the purposes of, relocation, then this Agreement shall be an addendum to the relocation agreement between FPL and the Applicant. In the event of any conflict between the relocation agreement and this Agreement or the Electric Tariff, this Agreement and the Electric Tariff shall control. 5. Failure by the Applicant to comply with any of the requirements, terms, or conditions of this agreement or FPL's Electric Tariff shall result in termination of this agreement. The Applicant may terminate this agreement at any time prior to the start of construction and the CIAC paid by the Applicant will be refunded to the Applicant, provided however, that the refund of the CIAC shall be offset by any costs incurred by FPL in performing under the agreement up to the date of termination. 6. This agreement is not assignable. IN WITNESS WHEREOF, FPL and the Applicant have executed this Agreement for the provision of electric underground distribution facilities to be effective as of the date first above written. APPLICANT FPL Signed Signed ~eU-Jb- Name Name John R. Van Vleet Title Senior System Project Manager Title / / DISTRIBUTION CONVERSION COST CALCULATION WORKSHEET (to use, fill in highlighted yellow squares as applicable) PROJECT NAME Old School Square, City Parking Garage in 6gynton 8e3c{beh.~ guc.h. . Conversion with reimbursable relocation TYPE CONVERSION* (*"straight" conversion, conversion with reimbursable relocaiton, or conversion with non-reimb. relocation) FOR PRESENTATION TO CUSTOMER DERIVATION/COMMENTS (FPL USE ONLY) (Indirect Costs from Adder Program) WORK REQUEST NO. (+) UG$ $82,871.00 Estimated Cost to install UG (Include Indirect Costs) 2041196 (+) NBV $ $0.00 Net Book Value of Removed OH Facilities- Determined by ACP, from form 6023 (NBV = $0, if with non-reimbursable relocation) Not Applicable- ACP/GO Determines (+) R $ $43,673.00 Estimated Cost to Remove OH (Include Indirect Costs) (R = $0, if with non-reimbursable relocation) 2041201 & 2041186 (-) OH $ $25,792.00 Estimated Replacement Cost of Removed OH (design to current min. standards) Including Indirect Costs 2173316 & 2173711 (-) SV$ $0.00 Salvage Value of Removed OH (Include Indirect Costs) (SV = $0, if with non-reimbursable relocation) SUB-TOTAL $ $100,752.00 CIAC amount as specified in Tariff 12.2.3 (-) ENGR DEPOSIT $0.00 Engineering Deposit If Collected OTHER CONSIDERATIONS DERIVATION/COMMENTS (FPL USE ONLY) (-) BETTERMENT $ If "Betterment" associated with conversion for FPL's benefit, the estimated difference between UG actually to be installed and UG that would have been installed at minimum UG design standards. In determining this difference, include indirect costs in both estimates. MEMO: CUSTOMER TRENCH & BACKFILL _ft@$_/ft For Accounting Purposes Only Number of Customer Dug Trench Feet times Per Foot Credits from URD Tariff for Residential and UCD Tariff for Non- Residential (Note: if customer digs the trench, exclude trench from UG estimate) MEMO: CUSTOMER INSTALL FPL DUCT _ft@ $O'_/ft For Accounting Purposes Only Number of Customer Installed PVC Feet times Per Foot Credits from URD Tariff for Residential and UCD Tariff for Non- Residential (Note: if customer installs PVC, exclude PVC install labor from UG estimate) FLORIDA POWER & LIGHT COMPANY First Revised Sheet No. 6.300 Cancels Original Sheet No. 6.300 INSTALLATION OF UNDERGROUND ELECTRIC DISTRIBUTION FACILITIES FOR THE CONVERSION OF OVERHEAD ELECTRIC DISTRIBUTION FACll..ITIES SECTION 12.1 DEFINITIONS APPLICANT - Any person, corporation, or entity capable of complying with the requirements of this tariffwho has made a written request for underground electric distribution facilities in accordance with this tariff. CONVERSION _ Any installation of underground electric distribution facilities where the underground facilities will be substituted for existing overhead electric distribution facilities, including relocations. CONfRIBUTION-IN-AID-OF..cONS1RUCTION (CIAC) - The CIAC to be paid by an Applicant under this tariff section shall be detennined according to the following formula: CIAC = (UG + NBV + R) - (OH + SV) where UG is the estimated cost to install the underground electric distribution facilities requested, OH is the estimated cost to install new overhead electric distribution facilities as if the present facilities were to be completely replaced, NBV is the net book value (book value less accmnulated depreciation) of the existing overhead electric distribution facilities to be removed from service after the installation of the underground facilities, R is the cost to remove the overhead electric distribution facilities for which the underground facilities will be substituted, and SV is the salvage value of the removed materials which constituted the overhead electric distribution facilities. DISTRIBUTION SYSTEM - Electric service facilities consisting of primary and secondary conductors, service drops, service laterals, conduits, transformers and necessary accessories and appurtenances for the furnishing of electric power at utilization voltage. SERVICE FACILITIES - The entire length of conductors between the distribution source, including any conduit and or risers at a pole or other structure or from transformers, from which only one point of service will result, and the first point of connection to the service entrance conductors at a weatherhead, in a tenninal, or meter box outside the building wall; the tenninal or meter boX; and the meter. SECTION 12.2 GENERAL 12.2.1 AltPlication This tariff section applies to all requests for underground electric distribution facilities where the facilities requested will be substituted for existing overhead electric distribution facilities. Any person, corporation, or entity capable of complying with the requirements of this tariff may submit a request as follows. Requests shall be in writing and must specifY in detail the overhead electric distribution facilities to be converted or the area to be served by underground electric distribution facilities in lieu of presently existing overhead electric distribution facilities serving said area. Upon receipt of a written request, FPL will detennine the feasibility of converting the existing facilities, any necessary revisions to this written request, and the non- reftmdable deposit amount necessary to secure a binding cost estimate and notify the applicant of said amount. 12.2.2 Contribution-in-Aid-Of..construction (CIAC) Upon the payment of a non-reftmdable deposit by an Applicant, FPL shall prepare a binding cost estimate specifying the contribution in aid of construction (CIAC) required for the installation of the requested underground distribution facilities, where the installation of such facilities is feasible, and provide said estimate to the Applicant upon completion of the estimate along with an Underground Facilities Conversion Agreement. The CIAC amount to be collected pursuant to a binding cost estimate from an Applicant shall not be increased by more than 10 percent of the binding cost estimate to account for actual costs incurred in excess of the binding cost estimate. However, the CIAC may be subject to increase or reftmd if the project scope is enlarged or reduced at the request of the Applicant, or the CIAC is found to have a material error prior to the connnencement of construction. The binding cost estimate provided to an Applicant shall be considered expired if the Applicant does not enter into an Underground Facilities Conversion Agreement and pay the CIAC amount specified for the installation of the requested underground electric distribution facilities within 180 days of delivery of the binding cost estimate to the Applicant by FPL. (Continued on Sheet No. 6.310) fllllllpIt hv. S. Y.. Rnmio_ DirPrlnr. RllItPlI llInd TllIriffll FLORIDA POWER & LIGHT COMPANY Second Revised Sheet No. 6.310 Cancels First Revised Sheet No. 6.310 (Continued from Sheet No. 6.300) 12.2.3 Non*Refundable DeJ>osits The non-refundable deposit for a binding cost estimate for conversion to a direct buried cable in conduit underground electric distribution system shall be determined by multiplying the number of pole line feet of existing overhead electric distribution facilities to be converted by $1.20. The deposit must be paid to FPL to initiate the estimating process. The deposit will not be refundable, however, it will be applied in the calculation of the CIAC required for the installation of underground distribution facilities. The deposit and the preparation of a binding cost estimate are a prerequisite to the execution of an Underground Facilities Conversion Agreement. If the request for underground electric distribution facilities involves the conversion of less than 250 pole line feet of existing overhead facilities, then no deposit will be required for a binding cost estimate, provided, however, that all other requirements of this tariff shall still apply. 12.2.4 Non-Binding Cost Estimates Any person, corporation, or entity may request a non-binding cost estimate free of charge. The non-binding cost estimate shall be an order of magnitude estimate to assist the requestor in determining whether to go forward with a binding cost estimate. An Underground Facilities Conversion Agreement may not be executed on the basis of a non-binding cost estimate. 12.2.5 Underground Facilities Conversion Agreement Any Applicant seeking the installation of underground distribution facilities pursuant to a written request hereunder shall execute the Underground Facilities Conversion Agreement set forth in this tariff at Sheet No. 9.720. The Agreement must be executed and the CIAC paid by the Applicant within 180 days of the delivery of the binding cost estimate to the Applicant. Failure to execute the Agreement and pay the CIAC specified in the agreement within the 180 day time limit, or tennination of the Agreement, shall result in the expiration of the binding cost estimate. Any subsequent request for underground facilities will require the payment of a new deposit and the presentation of a new binding cost estimate. For good cause FPL may extend the 180 day time limit. Upon execution of the Underground Facilities Conversion Agreement, payment in full of the CIAC specified in the binding cost estimate, and compliance with the requirements of this tariff, FPL shall proceed to convert the facilities identified in a timely manner. However, new service extensions, maintenance and reliability projects, and service restorations shall take precedence over facilities conversions. 12.2.6 Simultaneous Conversion of Other Pole Licensees Before the initiation of any project to provide underground electric distribution facilities pursuant to an Underground Facilities Conversion Agreement, the Applicant shall have executed agreements with all affected pole licensees (e.g. telephone, cable TV, etc.) for the simultaneous conversion of those pole licensees' facilities and provide FPL with an executed copy of the Agreement(s). Such agreements shall specifically acknowledge that the affected pole licensees will coordinate their conversion with FPL and other licensees in a timely manner so as to not create unnecessary delays. Failure to present FPL with executed copies of any necessary agreements with affected pole licensees within 180 days after delivery of the binding cost estimate to the Applicant shall result in the expiration of the binding cost estimate, the return of any CIAC paid, and the termination of any Underground Facilities Conversion Agreement entered into between the Applicant and FPL. 12.2.7 Easements Before the initiation of any project to provide underground electric distribution facilities pursuant to an Underground Facilities Conversion Agreement, the Applicant shall provide FPL, at no cost to FPL, all easements, including legal descriptions of such easements and all survey work associated with producing legal descriptions of such easements, specified as necessary by FPL to accommodate the requested underground facilities along with an opinion of title that the easements are valid. Failure to provide the easements in the manner set forth above within 180 days after the delivery of the binding cost estimate to the Applicant shall result in the expiration of the binding cost estimate, the return of any CIAC paid, and the termination of any Underground Facilities Conversion Agreement entered into between the Applicant and FPL. 12.2.8 Affected Customer Services The Applicant shall be responsible for the costs associated with any modifications to the service facilities of customers affected by the conversion of FPL distribution facilities which are made necessary as a result of the conversion. The Applicant shall be responsible for arranging the conversion of affected residential overhead customer service facilities by providing, at no cost to FPL: Issued bv: S. E. Romit!. Director. Rates and Tariffs FLORIDA POWER & LIGHT COMPANY Second Revised Sheet No. 6.310 Cancels First Revised Sheet No. 6.310 a) any necessary rearranging of the customer's existing electric service entrance facilities to accommodate an underground service lateral through the use of a licensed electrical contractor, in accordance with all local ordinances, codes, and FPL specifications; and (Continued on Sheet No. 6.320) Issued bv: S. E. Romi!!. Director. Rates and Tarift's FLORIDA POWER & LIGHT COMPANY First Revised Sheet No. 6.320 Cancels Original Sheet No. 6.320 (Continued from Sheet No. 6.310) b) a suitable trench. install FPL provided conduit according to FPL specifications to a point designated by FPL, and perform the backfilling and any landscape, pavement or other similar repairs. FPL shall be responsible for the installation of the service lateral cable, the cost of which shall be included in the Applicant's binding cost estimate. In the event a customer does not allow the Applicant to convert the customer's affected overhead services, or the Applicant fails to comply with the above requirements in a timely manner consistent with FPL's conversion construction schedule, then the Applicant shall pay FPL, in addition to the CIAC specified in the binding cost estimate, the costs associated with maintaining service to said customer through an overhead service drop. The cost for maintaining an overhead service drop from an underground system shall be: a) the sum of $789 for residential dwellings containing less than five individual units; or, b) the estimated cost to maintain service for residential dwellings containing five or more individual units. For existing residential underground service laterals affected by a conversion the Applicant shall be responsible for the trenching, backfilling and any landscape, pavement or other similar repairs and installation of FPL provided conduit, according to FPL specifications, necessary to bring existing underground service laterals of affected customers to an FPL designated handhole or transformer. FPL will install the necessary cable, the cost of which shall be included in the binding cost estimate. However, in the event that a customer owned service lateral fails on connection to the underground distribution system the customer will be responsible for the replacement of their service lateral or compliance with section 10.5 ofFPL's tariff. The Applicant's responsibilities for modifications to the service facilities of non-residential customers affected by the conversion of FPL distribution facilities which are made necessary as a result of the conversion will be specified in an attachment to the Underground Facilities Conversion Agreement. 12.2.9 Other Terms and Conditions Through the execution of the Underground Facilities Conversion Agreement found at tariff sheet no. 9.720 the i\pplicant agrees to the following: a) The Applicant shall be responsible for all restoration of, repair of, or compensation for, property affected, damaged, or destroyed, to accommodate the installation of underground distribution facilities and the removal of FPL's overhead distribution facilities; b) the Applicant shall indemnify FPL from any claim, suit, or other proceeding, which seeks the restoration of, or repair of, or compensation for, property affected, damaged, or destroyed, to remove existing facilities or to accommodate the installation of underground distribution facilities arising from or brought as a result of the installation of underground distribution facilities; c) the Applicant shall clear easements provided to FPL of trees, tree stumps and other obstroctions that conflict with construction or installation of underground distribution facilities in a timely manner consistent with FPL's constroction schedule. 12.2.10 TYpe of System Provided An underground distribution system will be provided in accordance with FPL's current design and construction standards. (Continued on Sheet No. 6.330) JliI.VlIPIl hv. s,. li'.. Rnmio. DirPMnr. R9tPliI 9nll T9riff'1iI nOmIDAPOWER&LffiHTCOMPANY First Revised Sheet No. 6.330 Cancels Original Sheet No. 6.330 (Continued from Sheet No. 6.320) 12.2.11 Desim and Ownership FPL will design, install, own, and maintain the electric distribution facilities up to the designated point of delivery except as otherwise noted. The Applicant may, subject to a contractual agreement with FPL, construct and install all or a portion of the underground distribution facilities provided that: a} such work meets FPL's construction standards; b} FPL will own and maintain the completed distribution facilities; c} the construction and installation of underground distribution facilities by the Applicant is not expected to cause the general body of ratepayers to incur greater costs; d} the Applicant agrees to pay FPL's current applicable hourly rate for engineering personnel for all time spent reviewing and inspecting the Applicant's work done; and e} the Applicant agrees to rectify any deficiencies found by FPL prior to the connection of any Customers to the underground electric distnbution system and the removal of the overhead electric distribution facilities. 12.2.12 Relocation Where underground electric facilities are requested as part of, or for the purpose of, relocation, the requirements of this tariff shall apply. The Underground Facilities Conversion Agreement shall be executed as an addendum to the relocation agreement between FPL and the Applicant. In the event of any conflict between the relocation agreement and this tariff, the tariff shall control. Furthermore, where the regulations of the Federal or State Department of Transportation (DOT) prevent pre-payment of deposits and other conversion costs, the Federal or State DOT may pay the CIAC after the work has been performed. lunplI hv. ~. 14'.. Rnmia. nirpMnr. RlItPll lmit TlIriffll MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS <i~ CI1Y MANAGER (; AGENDA ITEM #. <6 - REGULAR MEETING OF JUNE 20. 2006 SERVICE AUTHORIZATION NO. 1.2/CH2M HILL, INC. TO: SUBJECT: DATE: JUNE 16, 2006 This is before the Commission to approve Service Authorization No. 1.2 to CH2M Hill, Inc. in the amount of $12,000.00 for geochemical characterization of the City's Aquifer Storage and Recovery (ASR) Well. After replacing the pump and motor, and satisfactorily completing start-up tests, the ASR Well is considered operational. In order to re-permit the well with the Florida Department of Environmental Protection (FDEP), additional water quality data needs to be collected. Services under this authorization include Water Quality Characterization (Task 1), $12,000.00; Bench- Scale Treatment Evaluation (Task 2), $20,000.00; and potential meetings with FDEP (Task 3), $7,500.00. At this time, staff is requesting approval of Task 1, Water Quality Characterization, in the amount of $12,000.00. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement/Other Repair/ Maintenance Costs). Recommend approval of Service Authorization No. 1.2 to CH2M Hill, Inc. ill the amount of $12,000.00 for geochemical characterization of the City's ASR Well. S:\City Clerk\agenda cover memos\SA 1.2 CH2M Hill ASR Well 062006 City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mvdelravbeach.com FROM: David T. Harden City Manager Victor Majteo ~ Deputy Direc~ic Utilities TO: SUBJECT: Aquifer Storage and Recovery (ASR) Rehabilitation (PIN 2003-014) Agenda Item: Service Authorization #1.2 to CH2M Hill DATE: June 13, 2006 Attached is a request for City Commission to approve Service Authorization #1.2 (Amendment 2 to Service Authorization #1) to CH2M Hill, Inc. for professional services related to the Aquifer Storage and Recovery Well. Service Authorization #1.2 is for geochemical characterization of the City's ASR well. After replacing the pump and motor and satisfactorily completing start-up tests, the well is considered operational. In order to re-permit the well with FDEP, additional water quality data needs to be collected. Services under this authorization include water quality characterization (Task 1), bench-scale treatment evaluation (Task 2), and potential meetings with FDEP (Task 3). Costs associated with each Task are $12,000, $20,000, and $7,500, respectively, for a total of $39,500. At this time, staff is recommending approval of Task 1 , Water Quality Characterization, in the amount of $12,000.00. Samples collected in the field will be tested for pH, temperature, and oxidation-reduction potential, and sent to laboratories in Tallahassee, Florida; Santa Fe Springs, California; and Vicksburg, Mississippi. Services under Tasks 2 and 3, if required, will not be performed without written authorization from the City. Funding is available from Account #442-5178-536-46.90 (Water and Sewer Renewal/Other Repair & Maintenance Costs) in the amount of $12,000.00, after a budget transfer. cc: Richard C. Hasko, P.E.; Director of Environmental SetVices Juan Manzano; Environmental Compliance Manager John Bullard, Manager of Water Treatment Plant City Clerks Office Agenda File 06-20-06 Project File 2003-014 S:\EngAdmin\Projects\2003\2003-014\OFFICIAL\Agenda memo cm SA 1.2 06-20-06.doc Service Authorization No. 1.2 to the Agreement to Furnish Professional Services Dated April 28, 2004, Between the City of Delray Beach, Florida and CH2M Hill, Inc. City P.O. Number: City Project Number: Title: Geochemical Investigation of the Aquifer Storage and Recovery Well Category of Work: Professional Engineering Services General This SERVICE AUTHORIZATION shall modify the professional service agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an amendment to this agreement. Introduction The pump and motor of the City of Delray Beach (CITY) Aquifer Storage and Recovery (ASR) well were recently replaced, and the well has been developed to reduce the sand concentration that was believed to be the cause of the previous pump and motor failure. Additional water quality data must be collected to facilitate re-permitting of the well with the Florida Department of Environmental Protection (FDEP). This Service Authorization will authorize CH2M HILL to provide professional engineering consulting services related to the geochemical characterization of the City's ASR well. Scope of Services Task 1 - Water Quality Characterization CH2M HILL personnel will collect additional water samples from the City's ASR well for analysis. The samples will be tested in the field by CH2M HILL personnel for pH, temperature, and oxidation-reduction potential (ORP). Laboratory analyses will be performed for the parameters listed in Exhibit 1, below by Severn Trent Laboratories in Tallahassee, Florida. Duplicate samples for selected constituents will be sent to West Coast Analytical Services in Santa Fe Springs, California; and the United States Army Corps of Engineers Research and Development Center Environmental Laboratory in Vicksburg, Mississippi. EXHIBIT 1 WATER QUALITY PARAMETERS FOR LABORATORY ANALYSIS Inorganic Parameters Metals Miscellaneous Radionuclides Major ions (S04, CI, OH) Arsenic (speciation) Total Radium 226 trihalomethanes Major cations (Ca, K, Mg, Na) Iron (ferric, ferrous) Radium 228 Silica Total organic carbon (TOe) Manganese Gross alpha Hydrogen sulfide (H2S) Mercury Alkalinity Aluminum Nitrate and nitrite Vanadium Phosphorous Phosphate Ammonia Total dissolved solids The deliverable for this task will consist of a technical memorandum documenting the geochemical water quality characterization. If applicable, the technical memorandum will provide recommendations for the bench scale treatment evaluation (Task 2), and outline strategies for the meeting with FDEP (Task 3). Task 2 - Bench-Scale Treatment Evaluation (Allowance) Should any water quality parameters be identified in Task 1 at concentrations that would adversely affect the issuance of a permit from FDEP, a bench-scale treatability evaluation will be conducted to determine the efficacy of the City's treatment process for their removal. The City's treatment sequence consists of the following steps: 1. Cascade aerators are utilized for gas removal. 2. Ferric chloride is added at a dose of 13 PPM with a 38% solution to reduce organics 3. Upflow clarifiers provide chemical mixing, sedimentation, and clarification. 4. In the clarifier mixing zone, lime is added at an average dose of 125 parts per million (ppm) to raise the pH of the water to 10.2 and an anionic polymer is added at a dose of 0.05 ppm with a 0.2% solution to enhance settling. 5. Sodium hypochlorite is added at a dose of 5.3 PPM with a 10% solution at the clarifier effluent for disinfection. 6. Prior to filtration, carbon dioxide is added at an average dose of 35 PPM to decrease the pH to 7.8 for stabilization; fluoride is added at a dose of 0.6 PPM with a 23% solution; phosphate is added at a dose of 2 PPM with a 2.4 % solution for distribution 2 system concerns; and ammonia is added at a dose of 1.3 PPM for chloramination purposes. 7. The water is then filtered for final turbidity removal, and enters the clearwell. Samples of the City's raw water from its surficial aquifer wells will be collected, along with water samples from the ASR well. They will be shipped to CH2M HILL's Applied Sciences Laboratory in Corva1lis, Oregon, where bench-scale testing will be performed to replicate the City's treatment process and gauge its effectiveness. The deliverable for this task will consist of a brief technical memorandum documenting the results of the treatability testing. Task 3 - Meeting with FDEP (Allowance) If any water quality parameters are present in concentrations that may adversely affect the issuance of a permit from FDEP, CH2M HILL will coordinate a meeting between the City and the Florida Department of Environmental Protection (FDEP) to discuss re-permitting the well. The meeting will be used to present the results of the geochemical characterization and the treatability testing and identify a path forward for re-permitting the City's well. A meeting summary will be prepared and distributed to all participants. A representative from the Palm Beach County Health Department will be invited to participate in the meeting, as health department clearance will ultimately be required to place the well back in service. Schedule CH2M HILL 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. The following summarizes the proposed schedule. Task Time of Completion Start Duration Task 1 - Water Quality Upon Notice to Proceed from the 60 days Characterization and Technical City Memorandum Task 2 - Bench-Scale Evaluation Upon completion of Task 1 30 days and Technical Memorandum Task 3 - Meeting with FDEP and Upon completion of Task 2 30 days Meeting Summary 3 Assumptions · Tasks 2 and 3 will not be performed without written authorization from the City. · It is assumed that the treatibility testing (if authorized) will be conducted for one parameter. Should the initial geochemical characterization reveal that multiple water quality constituents may adversely affect the City's ability to receive a permit; and consequently, the bench-scale evaluation must be modified; an amendment to this service authorization will be required. · Additional work required to meet Palm Beach County Health Deparbnent requirements or requests will require an amendment to this service authorization. Compensation to the CONSULTANT Compensation for the work described in this service authorization shall be on a lump-sum basis as follows: Task Price Task 1 - Water Quality Characterization and Technical $12,000 Memorandum TOTAL $12,000 Future Tasks Requiring Authorization from the CITY Task 2 - Bench-Scale Evaluation and Technical Memorandum $20,000 Task 3 - Meeting with FDEP and Meeting Summary $7,500 TOTAL $27,500 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 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. 4 Approved by: CITY OF DELRA Y BEACH: Jeff Perlman Mayor (date) Attest: Approved as to Legal Sufficiency and Form CH2M HILL, INC. (Corporate Seal) Timothy S. Sharp, P.G. Office Manager (date) Witness Witness STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me this _ day of June, 2006, by Timothy S. Sharp, Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and (did/ did not) take an oath. Dorothy Gumm Notary Public State of Florida (Seal) 5 .... Cf 07'1 RESOLUTION NO. 44-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, BY WHICH THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH HEREBY RESOLVES THAT IT ENTHUSIASTICALLY AND WHOLEHEARTEDLY SUPPORTS THE CARVER ESTATES REVIT AUZA TION HOPE VI GRANT APPUCA TION DEVELOPED BY THE DELRA Y BEACH HOUSING AUTHORITY TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the Carver Estates Public Housing Development in the Southwest Neighborhood section of the City of Delray Beach is severely distressed and blighted and is not safe or sanitary; and WHEREAS, in October of 2006 Hurricane Wilma caused severe damage to the Carver Estates public housing community; requiring the City of Delray Beach to issue Condemnation Citations; and WHEREAS, the Delray Beach Housing Authority ("DBHA"), which is a public housing authority as defined by the Housing Act of 1937, has developed a revitalization plan for the Carver Estates public housing community; and WHEREAS, the United States Department of Housing and Urban Development ("HUD") administers a program entitled the "HOPE VI" Program which is designed to fund the revitalization of severely distressed public housing communities; and WHEREAS, the Revitalization plan for the Carver Estates public housing community envisions creating affordable and workforce home ownership and rental housing opportunities that are complimentary to the surrounding neighborhood and consistent with the program goals and requirements of HOPE VI Program; and WHEREAS, there is a tremendous demand for affordable and workforce home ownership and rental housing in the City of Delray Beach, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~\\ .. Section 1. That the City Commission of the City of Delray Beach, Florida hereby proclaims its support for the Delray Beach Housing Authority's Carver Estates Revitalization Plan and further: (1) commits to assist the Delray Beach Housing Authority in securing funding and resources to promote the Carver Estates revitalization plan; and (2) commits to assist the Delray Beach Housing Authority in coordinating the delivery of services and resources to comprehensively meet the needs of the residents and neighbors of the Carver Estates public housing community. Section 2. That the City Commission of the City of Delray Beach, Florida hereby proclaims it's complete and unequivocal support of the Carver Estates Revitalization HOPE VI Grant Application to the United States Department of Housing and Urban Development and respectfully requests that the Secretary of the Department of Housing and Urban Development favorably consider and grant the funding application. Section 3. The City Commission hereby directs that copies of this Resolution shall be forwarded to the President of the United States, the Secretary of Housing and Urban Development, and the State of Florida Congressional Delegation. Section 4. Delray Beach on This resolution is passed by the City Commission of the City of , and is effective immediately. PASSED AND ADOPTED in regular session on this the _ day of ,2006. MAYOR ATTEST: City Clerk 2 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER [J't-1, AGENDA ITEM # <6":L - REGULAR MEETING OF JUNE 20~ 2006 PURCHASE ORDER INCREASE/RON BELL ROOFING TO: SUBJECT: DATE: JUNE 16, 2006 This is before the Commission to approve an increase of $46,307.00 to purchase order #634762, Ron Bell RoofUlg, for the repairs to the Old Train Depot roof which was damaged by Hurricane Wilma. During the construction activities, it was discovered that there was a significantly larger area of roof sheathing and support members that required replacement than originally estimated. The original purchase order for this work was $83,270.00. This increase will bring the total roof replacement cost to $129,577.00. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). Recommend approval of an increase of $46,307.00 to purchase order #634762, Ron Bell Roofing, for the repairs to the Old Train Depot roof which was damaged by Hurricane Wilma. S:\City Clerk\agenda memos\PO Increase Ron Bell Roofmg Train Depot 062006 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: Richard C. Hasko, P .E., Environmental Services Director ~ SUBJECT: TRAIN DEPOT BUILDING RE-ROOFING DATE: June 9, 2006 Upon approval from City Commission, Ron Bell Roofing commenced construction activities for the replacement of the Depot Building roof that sustained damage from Hurricane Wilma. During the construction activities, it was discovered that there was a significantly larger area of roof sheathing and support members that required replacement than originally estimated. The attached invoice itemizes the additional wood replacement required and totals $46,307 after crediting the original contract allowance. The original approval for this work was $83,270. This change order will bring the total roof replacement cost to $129,577. We are requesting approval to increase purchase order #634762 to Ron Bell Roofing in the stated amount of $46,307. Funding for this expense is available in account #551-1575-591-45.50. Please place this item on the June 20, 2006 agenda for consideration by City Commission. Cc: Jim Schmitz, Deputy Director of Public Works Clayton Gilbert, Building Maintenance Superintendent HURRICANE WILMA MEMORANDUM TO: Jackie Rooney, Purchasing Manager FROM: Robin Cox, Insurance Specialist Senior THROUGH: Frank Babin, Risk Manager DATE: May 19,2006 SUBJECT: Hurricane Damaged Roof at Old Train Depot-Wood Extras Hurricane Wilma damaged the roof of the Old Train Depot. Ron Bell is in the process of repairing the roof. However, wood extras in the amount of $46,307.00 were required. Please do a change order to increase purchase order number 634762 in the amount of $46,307.00 from account number 551-1575-591-45.50. The department is requesting this invoice be paid immediately and they will follow up with an agenda request for Commission Approval in the near future. Thank you for your assistance. Irc Attachment cc: Joseph M. Safford, Director of Finance Richard Hasko, Environmental Services Director Clayton Gilbert, Building Maintenance Superintendent Accounts Payable Steven Boyer, Vice President, GBS Gene Montfort, Senior Claims Adjuster, GBS RON BELL INC. 3151 S.W. 14th Plac=e. Suite #1 Boynton Bl'ach. Florida 33426 Invoice BILL TO: DATE INVOICE' 04127106 3691 CITY OF OELRA Y BFACH 100 N.W. 1ST AVE. OELRA Y IKOI-!. f'L 33444 P.O. NUMBER TERMS PROJECT Train Depot Due on receipt QUANTlTY DESCRIPTION RATE AMOUNT 7,486 WOOD/EXTRAS COMMERCIAL ('7386' 1:18 t~ 4.00 29,944.00 100 WOOD/EXTRAS COMMERCIAL - Less CQlltract allowance -4.00 -400.00 1,674 WOOnlEXTRAS COMMERCIAL - 1674' h6 TG 4.00 6.696.00 1,023 WOOD/EXTRAS COMMERCIAL - 2x4 Stud 4.00 4.09200 1.426 "'ooD/EXTRAS COMMERCIAL - 2x6 RaRer 4.00 5.704.00 19 ''''OOD/EXTRAS COMMERCIAL - Ix6 Facia Board 4.00 76.00 6S WOOD/EXTRAS COMMERCIAL Raft~r Straps .3.00 195.00 RCCt.\'J~c\ ,..; .-." \ "'~'( () 8 1Jfi' . &) E \\- ~nlJ~"<; pf).,/~ \. ,~ hank you for your business. TOTAL $46,J07.00 Th~tr\ MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERPIv1 AGENDA ITEM # <Q- - REGULAR MEETING OF JUNE 20, 2006 SUB-RECIPIENT FUNDING AGREEMENT IDELRAY YOUTH VOCATIONAL CHARTER SCHOOL TO: SUBJECT: DATE: JUNE 16, 2006 This is before the Commission to approve and authorize the execution of a funding agreement in the amount of $22,090.00 with sub-recipient, Delray Youth Vocational Charter School, under the Weed & Seed Program (now known as the Coalition for Community Renewal). The funding assistance will provide classroom furniture, educational and instructional supplies, and/ or audio-visual equipment to support the implementation of the Delray Y outh Vocational Charter School training and curriculum from January 1, 2006 through September 30, 2006. Funding is available from 115-2126-521-83.01 (Special Projects Fund/Weed and Seed Grants/Other Grants/ Aid). Recommend approval of a funding agreement in the amount of $22,090.00 with sub-recipient, Delray Youth Vocational Charter School, under the Weed & Seed Program (now known as the Coalition for Community Renewal). S:\City Clerk\agenda memos\CM Subrecipient Agmt. Delray Youth Charter School 062006 [IT' DF DElIR' BER[H CITY ATTORNEY'S OFFICE __ POLICE LEGAL ADVISOR , III I! 300 \Y. A TLAr\TIC A VE'\JUE . DELRA Y BEAGI, FLORmA 33444 TELEPHOl\'E S61!243-7H23 . FACSIMILE 561!243-7H15 1993 POLICE LEGAL ADVISOR MEMORANDUM To: From: City Commission David Harden, City Manager Catherine M. Kozol, / /I Police Legal Advisor/Asst. City Attorne/;/~ Date: June 13, 2006 Re: Delray Youth Vocational Charter School At the request of Sharon L'Herrou, Weed and Seed Program Manager, who is currently away on vacation, I am forwarding to you an Agreement for Funding and Acceptance of Funds between the City of Delray Beach and Delray Youth Vocational Charter School. This Agreement will award $22,090.00 of funding assistance to provide classroom furniture, educational/instructional supplies, and/or audio-visual equipment to support the implementation of the Delray Youth Vocational Charter School training and curriculum from January 1, 2006 through September 30, 2006. Would you please place this Agreement on the June 20th Agenda. Ath/encs. cc with Encs. Chevelle Nubin, City Clerk Chief J. Schroeder Carolanne Kucmerowski, Agenda Coordinator ~. .I~' AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRA Y BEACH AND Del ray Youth Vocational Charter School January 1, 2006 - September 30,2006 THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 20th day of June. I. 2006, between the City of Delray Beach, hereinafter referred to as "City" and Delray Youth Vocational Charter School, hereinafter referred to as "AGENCY", having its principal office located at 601 North Congress Ave" Suite 110, Delray Beach, FL. 33445" provides $22,090 in funds provided by the Palm Beach County Criminal Justice Commission, allocated 12/20/05 to support contracted Delray Beach Weed & Seed projects (now referred to as the Coalition for Community Renewal), upon the following terms and conditions: The awarded funds are allocated as follows: $22,090 to provide funding assistance classroom furniture, educational/ instructional supplies, and/or audio-visual equipment to support the implementation of the DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL training and curriculum (see attached Exhibit "A") from January 1, 2006 through September 30, 2006 conditional upon submission of a letter of non-supplanting of funds, 1. Definitions: a, "City" means the City of Delray Beach, Florida b, "W&S" means Delray Beach Weed and Seed (now referred to as the Coalition for Community Renewal or CCR) c, "The Agency" means Delray Youth Vocational Charter School (DYVCS) d. "NAB" means the Delray Beach CCRI Weed & Seed Neighborhood Advisory Board 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of award funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement should provide services primarily to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit invoices for approved expenses outlined in Exhibit "A", provided hereto and made a part hereof, Payment requests and programmatic reports should be submitted simultaneouslyo The City agrees to disburse payments upon the receipt of invoices accompanied by the required programmatic reports and necessary data (as determined by the City), covering the month for 1 which payment requested, Disbursements will be available approximately one month following the execution of this agreement and approximately quarterly thereafter. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the City Manager approved dollar amount of $22,090 for the period of January 1, 2006 through September 30, 2006. All release of funds shall further be in accordance with all sections of this agreement, contingent upon the continuation of the Criminal Justice Commission Contract, and subject to the approval of the Delray Beach CCRI Weed & Seed Program Manager. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the continued implementation of the contract between the Delray Beach Weed & Seed Project (CCR) and the Palm Beach County Criminal Justice Commission. The effective date shall be the date of execution of this Agreement, and the services of AGENCY shall commence upon that date. Payment of associated and approved expenses incurred as of January 1, 2006 will be processed, All service required hereunder shall be completed by AGENCY by September 30, 2006. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, County, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereundero In addition, all subcontracts shall be subject to Federal, State, County, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed (CCR) Program Manager. 5. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the Delray Youth Vocational Charter School program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each invoice, Additionally, a final report summarizing results for the full project period (academic year of August 2005 - August 2006) is due within 30 days of completion of the project. Payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or the Palm Beach County Criminal Justice Commission. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from September 30,2006. 2 6. Program-Generated Income: All income earned by Agency from activities financed by Palm Beach County Criminal Justice Commission funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs,. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in the federal OMB Circular A-11 0 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerable/protected individuals and have such available for review during Monitoring visits. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. 8. Public Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Weed & Seed/ CCR funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. 9. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City and/or Palm Beach County Criminal Justice Commission copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outlined in #5 and at other times upon the request of the City, information and status reports required by the City, and/or Palm Beach County Criminal Justice Commission on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by Palm Beach County Criminal Justice Commission. Agency shall allow the City or Palm Beach County Criminal Justice Commission to monitor Agency on site (at least annually), Such visits may be scheduled in advance or unscheduled as determined by the City and Palm Beach County Criminal Justice Commission, 10. Audits and Inspections: At any time during normal business hours and as often as the City or the Palm Beach County Criminal Justice Commission ,may deem necessary, there shall be made available by Agency to 3 the City or the Palm Beach County Criminal Justice Commission for examination all its records . with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement. A Certified Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A-133. 11. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the communityo This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 12. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-11 0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, direct or indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency, Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason, terminate this agreement upon thirty (30) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the contract to the City with the Palm Beach County Criminal Justice Commission is suspended or terminated; this agreement shall be suspended or terminated effective on the date 4 the Palm Beach County Criminal Justice Commission specifies and all payments are contingent upon the release of funds from the Palm Beach County Criminal Justice Commission. 14. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 15. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list.maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S, 287.133(3) (a) requires this notice. 16. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations pertaining to federal grant funding including, but not limited to: the Financial Guide, OMB Circular 110, and 24CFR Part 570. 17. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City, 18. Hold Harmless and Indemnification Clause: Delrav Youth Vocational Charter School hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. Agency/Sub-recipient: Delrav Youth Vocational Charter School Signed By: Print Name: WITNESSES: 5 CITY OF DELRA Y BEACH, FLORIDA Signed By: ATTEST: CITY CLERK TTORNEY 6 Exhibit itA" Scope of Service Introduction DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL'S mission is to: a) Train and educate at-risk youth in various disciplines within the automotive industry b) Provide academic instruction to prepare students for their G.E.D" vocational education, and/or entry to post secondary institutions c) Develop and execute career development and d) Teach valuable life-management skills, Outcome measures: . Total number of youth served (total number enrolled an~ percentage that complete the program) . Participants will demonstrate minimum skills necessary to obtain work in the automotive industry as demonstrated through testing . Participants will improve their reading skills as demonstrated through pre and post testing . 80% of students completing the program will become employed (making above minimum wage) OR be placed in post secondary institutions . 80% of students completing the program will not participate in illegal activities within one year of their participation in the program (as measured by arrests). Proaram Reports The Agency agrees to provide the City with programmatic progress reports that outline DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL'S program activities, status of outcome measures, number of participants enrolled, problems encountered as well as the proposed solutions. These reports must be submitted to the CCRI Weed & Seed Program Manager simultaneously with each financial reimbursement request. Additionally, a final report summarizing results for the academic year (August 2005 - August 2006) is due by September 30, 2006. Reimbursement payments will not be released without the submission of the required reports (completed and accurate). Failure to submit the final report will jeopardize future requests for funding. Proaram Budaet CCRI Weed & Seed agrees to provide $22,090 for classroom furniture, educational/ instructional supplies, and/or audio-visual equipment to support the implementation of the DELRA Y YOUTH VOCATIONAL CHARTER SCHOOL training and curriculum from January 1, 2006 through September 30, 2006. Funds will be provided on a reimbursement basis and will be dispersed subsequent to the receipt by the Delray Beach CCRI Weed and Seed Program Manager of the programmatic report described above and a financial reimbursement request. Relevant support documentation will be required, 7 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # - REGULAR MEETIN OF NE 2 2 CHANGE ORDER NO. 1 (CONTRACT ADDITION) /HORSEPOWER ELECTRIC. INC. DATE: JUNE 16, 2006 This is before Commission to approve Change Order No.1 (Contract Addition) in the amount of $35,394.00 to address the change in the mast arms required by Palm Beach County for the US 1 at Tropic Boulevard Signalization Project. The change is for mast arm upgrades required by Palm Beach County during the permitting process. We expected this traffic signal installation to be totally paid for by the Florida Department of Transportation (FD01), and the state has appropriated $300,000.00 for this purpose. This additional cost will be the City's responsibility. Funding is available from 334-3162-541-65.68 (General Construction Fund/US 1 at Tropic Boulevard). Recommend approval of Change Order No.1 (Contract Addition) in the amount of $35,394.00 to address the change in the mast arms required by Palm Beach County for the US 1 at Tropic Boulevard Signalization Project. S:\City Clerk\agenda memos\CO 1 CA Horsepower Electric Tropic Blvd 062006 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 FROM: Rafael Ballestero, Deputy Director of Construction ~ SUBJECT: USl @ TROPIC BOULEVARD SIGNALIZATION (PIN 2004-030) MastPuTnslJpgrade DATE: JUNE 12,2006 The attached agenda item is for Commission approval of Change Order #1 to Horsepower Electric on the US1 @ Tropic Boulevard Signalization project. This change is for mast arm upgrades required by Palm Beach County during the permitting process. The project was bid during the same time that permitting was occurring, and these upgrades were not anticipated. Attached for your review is a copy of the contractor's quotation, Staff recommends the award of Change Order #1 to Horsepower Electric, Inc. in the amount of $35,394.00, on the US1 @ Tropic Boulevard Signalization, PIN 2004-030. Funding is available from Account # 334-3162-541-65.68, US1 @ Tropic Boulevard Signalization, after budget transfer. cc: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Bob Diaz, Construction Management Technician City Clerk's Office Agenda File File 2004-030(A) S:\EngAdmin\Projects\2004\2004-030\CONSTRC1\Agenda memo COl Mast Arms 06,20,06,doc CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 (Contract Addition) PROJECT NO. 2004-030 DATE: PROJECT TITLE: US 1 @ Tropic Boulevard Signalization TO CONTRACTOR: Horsepower Electric, 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: Mast Arms upgrade required by Palm Beach County during the permitting process, 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 PERCENT INCREASE THIS CHANGE ORDER 11.86 % TOTAL PERCENT INCREASE TO DATE 11.86 % TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS. $298,298.00 $0,00 $298,298,00 $35.394,00 $333,692,00 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. Horsepower Electric, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account # 334-3162-541-65,68, US1 @ Tropic Boulevard Signalization. DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor APPROVED: ATTEST: By: City Attorney City Clerk S,\Fn17Arlmin\Prni""t.\?004\7004-O'lO\('ONSTR('T\('Ol MH..t Arm. TTnl7THrl" Ofi.?O.Ofirlo" / HORSEPOWER ~ELECTRIC, INC. 8105 West 20th Avenue, Hialeah, Florida 33014-3231 TEL (305) 819-4060 FAX (305) 819-4222 ,we f;J ~;()/ May 17,2006 Mr. Rafael Ballestero City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Re: US 1 At Tropic Blvd Project No. 2004-30 Dear Mr. Ballestero, Horsepower Electric submitted shop drawings for the mast arm poles on our contract with the City of Delray Beach. However, the shop drawings for the mast arms were rejected because the approved construction plans for the above mentioned contract changed in respect to the bidding plans/documents and contract. Item 24 mast arm assembly F &1 single arm (c5-r3) was change to a mast arm assembly F &1 single arm (b5- q3). Item 25 was also change from a mast arm assembly F&I single arm (c6-r4) to a mast arm assembly F&I single arm (b6-q2). These changes were done after the bidding process and execution of contract without anyone notifying Horsepower Electric, Inc. These poles are more expense and more labor intensive. The following change needs to be entered into the contract in order to move forward: New Contract Amount $298,298.00 ($22,685.00) ($26,140.00) $38,150.00 $46,069.00 $333,692.00 Original Contract Amount: Credit Item 24: Credit Item 25: New Pole Item 24 New Pole Item 25 Please advise if to move forward. Keep in mind lead time for mast arm poles is 12 to 16 weeks upon shop drawing approval. Therefore we need a time extension for all time lost plus, 16 weeks for lead time on mast arm poles. We would appreciate your help in this matter. . .~ ncerely, j . r;# vJ it . ~ f(fP ';'-, ~~ ~~~ ~ ~I~~ Michael Martinez Estimator "PRIDE IN QUALITY" Agenda Item No.:gJC AGENDA REQUEST DATE: June 12,2006 Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda WHEN: June 20, 2006 Description of item (who, what, where, how much): This request is for the City Commission to approve Change Order #1 (Contract Addition) to Horsepower Electric, Inc. for the mast arms upgrade required by Palm Beach County. The total estimated cost is $35,394.00. Staff recommends Purchase Order award to Horsepower Electric, Inc. in the amount of $35,394.00, on the US1 @ Tropic Boulevard Signalization Project, PIN 2004-030. Funding is available from Account # 334-3162-541-65.68, US1 @ Tropic Boulevard Signalization, after budget transfer. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Approve Change Order #1 to Horsepower Electric, Inc. for the above referenced work. Department Head /J / / 0 /S-. I" _ / ~ <t) A / Signature: K.:i., ~ ..J1"f1\.l c..... C/ /i? Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~O ti1 Funding alternativeyr Account No. & Description See above Account Balance See above City Manager Review: e; Approved for agenda: ES NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2004-030(A) S:\EngAdmin\Projects\2004\2004-030\CONSTRC1\Agnd req co 1 Mast Arms Upgrade 06.20.doc We expected this traffic signal installation was to be totally paid for by the Florida Department of Transportation, and the state has appropriated $300,000 for this purpose. This additional cost will be our responsibility. MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER?1 AGENDA ITEM # ~ L - REGULAR MEETING OF JUNE 20. 2006 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS SUBJECT: DATE: JUNE 16, 2006 Attached is the Report of Appealable Land Use Items for the period June 5, 2006 through June 16,2006. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and f1le the report as appropriate. S:\City Clerk\agenda memos\apagmemo 062006 FROM: DAVID T. HARDEN, CITY Mi9~ ~ PAUL DORLlNG, DIRECTOR OJ PLANNIN~~ ZONING JASMIN ALLEN, PLANNER6Ia..:J'V~" {2f@V\., MEETING OF JUNE 20, 20 *CONSENT AGENDA * REPORT OF APPEALABL LAND USE ITEMS JUNE 5, 2006 THRU JUNE 16, 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 June 5, 2006 through June 16, 2006. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. The Board recommended approval (6 to 0, Jose Aguila absent), of a waiver request to the sign code (wall sign) for Bank of America, located on the south side of West Atlantic Avenue, east of Military Trail (4650 West Atlantic Avenue). B. Approved (5 to 0, Mark Gregory stepped down), a request for a color change for Regency Plaza II, located on the west side of SE 6th Avenue, south of SE 1st Street (142 SE 6th Avenue). C. Approved (6 to 0), a request for a color change for Delray Beach Shopping Center, located on the west side of North Federal Highway, south of NE 14th Avenue (1300-1350 North Federal Highway). D. Approved (6 to 0), a request for a color change for Greensward Village One Condominium, located south of West Atlantic Avenue, east of Hamlet Drive (745 Greensward Court). E. Approved (6 to 0), a request for a color change for Hand's Office Supply, located on the north side of East Atlantic Avenue, west of NE 4th Avenue (321 East Atlantic Avenue). F. Approved (6 to 0), a request for a color change for Bahamas Breeze Condominium, located at the southeast corner of Andrews Avenue and Pelican Road (801 North Andrews Avenue). G. Approved with conditions (6 to 0), a Class II site plan modification associated with the paving of the parking area and installation of additional landscaping for Delray Church of God, located on the west side of SW 13th Avenue, south of SW 1st Street (133 SW 13th Avenue). City Commission Documentation Appealable Items Meeting of June 20, 2006 H. Approved with conditions (5 to 0), a request for a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a 2,000 sq. ft. office addition for Kinsworth Office Building, located on the east side of NW 18th Avenue, north of Marty Fladell Drive (241 NW 18th Avenue). I. Approved with conditions (6 to 0), a Class V site plan and landscape plan associated with the construction of a 243 space overflow "bullpen" parking lot for the outside storage of new and used vehicles for the Maroone Ford dealership. The parking lot is located on the west side of Wallace Drive, south of Georgia Street. 1. Approved (4 to 0, Michelle Reich, John Miller and Maura Dersh absent), a request for a Certificate of Appropriateness for color changes for the proposed Old School Square Parking Garage, located on the south side of NE 1st Street, between NE 1st Avenue and Pineapple Grove Way (NE 2nd Avenue). 2. Approved (4 to 0), a request for a Certificate of Appropriateness for color changes for Pineapple Grove Limited, located at the northeast corner of NE 1st Street and NE 1st Avenue. 3. Approved (4 to 0), a request for a Certificate of Appropriateness associated with a roof material and color change for 211-215 NW 1st Avenue. 4. Approved (4 to 0), a request for a Certificate of Appropriateness associated with a roof material and color change for 353 North Swinton Avenue. 5. Approved (4 to 0), a request for a Certificate of Appropriateness associated with alterations to an existing contributing structure and a Class III site plan modification associated with additions to an existing accessory structure located at 120 North Swinton Avenue. No Regular Meeting of the Planning and Zoning Board was held during this period. By motion, receive and file this report. Attachment: Location Map 2 CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - JUNE 20,2006 ~ <S ., u.. ~ Cl ~ LAKE >- Ill: S r'" li '" u ~ Cl: ;l!i ["-" ~ r"-" '" L,., ,..-,,_.' "_,,_,,..r"-" -" ., L,-, A ATLANTIC ~ @ LOWSON BOULEVARD >- Ill: 5 5 LINTON BOULEVARD r'" ."'1 L"_,,_,, I I I L,..J i!: ::> o '" ~ <S :z L.38 CANAL SPRAB A. BANK OF AMERICA B. REGENCY PLAZA /I C. DELRA Y BEACH SHOPPING CENTER D. GREENSWARD VILLAGE ONE CONDO E. HANDS OFFICE SUPPLIES F. BAHAMAS BREEZE CONDO G. DELRA Y CHURCH OF GOD H. KINSWORTH OFFICE BUILDING L.30 CANAL IDA ~ ~ ~ o en !!;! !!;! '" '" ~ ~ ~ ~ <IS uj S,w. 10TH 8 ~ ~ :x: !;!; '" ~ ~ v.i <>; '" ~ l!i II o C.15 CANAL I. MAROONE FORD HPB 1, OLD SCHOOL SQUARE PARKING GARAGE 2. PINEAPPLE GROVE L TD 3.211-215 NW 1ST AVE 4. 353 N. SWINTON AVE. 5, 120 N. SWINTON AVE. ~ 1 ~ ' , , , , ~ ' ~ ' , ~ ~ \0 \0 <::J Cl: Cl: (j l<i .... \0 " ..... ~ ~ ..... .... ~ ~ -,,-,,-,,- CrTYLlMITS .,,-,,-,,- ONE MILE GRAPHIC SCALE CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT APRIL 2006 .. DIGITAL BASE MAP SYSTEM.. MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS 'Pfu /1 CITY MANAGER [V v I AGENDA ITEM # 2S~ - REGULAR MEETING OF JUNE 20, 2006 AWARD OF BIDS AND CONTRACTS SUBJECT: DATE: JUNE 16, 2006 This is before the City Commission to approve the award of the following bids: 1. Lease award to Ikon Office Solutions in the total amount of $16,194.24 over a three (3) year term via the Miami-Dade Contract #114-DD11 for the lease of a Cannon IR5070 Copier for the Finance Department. Funding is available from 001-1511-513-44.30 (General Fund/Equipment Rental Leases). 2. Purchase award to GameTime in the total amount of $69,357.79 via Florida State Contract #650-001-04-1 for playground equipment for Bexley Trail Community Park and Eagle Park. Funding is available from 338-4150-572-63.24 (2004 G.O. Bond/Bexley Park) and 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks). 3. Contract award to Bellsouth Telecommunications, Inc. in the total annual amount of $23,400.00 for a period of thirty-six (36) months for a Dedicated Internet Service solution for City Hall ($15,600.00) and the Police Department ($7,800.00). Funding is available from 001-2113-521-41.10 (General Fund/Telephone Expense and 001-1811-513-41.20 (General Fund/Internet Access). 4. Bid award to GMPCS in the amount of $23,582.00 for the purchase and installation of ten (10) satellite telephone kits, eight (8) antennas, and ten (10) battery back-ups for use in emergency situations. Funding is available from various office equipment accounts. 5. Bid award to Welling Construction in the amount of $173,634.75 for the LaHacienda Gardens Park Project. Funding is available from 334-4131-572-68.12 (General Construction Fund/Neighborhood Park - La Hacienda) Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo 062006 MEMORANDUM FROM: THROUGH: David Harden, City Manager Patsy Nadal, Buyer Joseph Saffor~ce Director 'TIt DATE: SUBJECT: 6/1312006 - Revised COMMISSION MEETING, June 20, 2006 APPROVAL OF THREE (3) YEAR COPIER LEASE AGREEMENT WITH IKON OFFICE SOLUTIONS-FINANCE Item Before Commission: City Commission is requested to approve a three (3) year copier replacement lease agreement with Ikon Office Solutions for a Canon IR5070 copier located in the Finance Department. The total commitment amount will be $16,194.24 over a three (3) year period via the Miami-Dade Contract #114-D011. Backaround: This request is for replacement of an Ikon-Canon IR5000 leased in March 2003, The current lease agreement expired on March 11, 2006, Finance is very pleased with the service ofthe current copier and the over-all service by the sales representative from Ikon Office Solutions, This copier can be connected to the network which will allow copies to be process directly to the desktop for em ailing out to many departments with a single stroke of the keyboard. This will decrease the processing time of invoices and other documents that require department signatures and decrease the paper usage in the Finance Department .CPM- Copies Der minute Model Type CPM PerMontIt Per Year TotllI Le_ (36 Copies Per Overage@ $ 1IlOIdhs) MontIt Ikon-Canon 1RS070 50 $449.84 $5,398.08 $16,194.24 20,000 00037 Ikon-Rieoh Afieio 75 $529,58 $6,354.96 $19,064088 20,000 .0045 2075 Ikon-Canon IR7095 95 $649,53 $7,794.36 $23383.08 60.000 ,0033 Ikon-Canon IR5870U 58/ $67l.35 $8,056,20 $24,168.60 20,000 ,0078 COLOR 16 AU leased copiers include copies per month as stated, supplies, except paper and staples, unlimited service, parts, labor, delivery, installation and training. The total cost for the three (3) year lease agreement with Ikon Office Solutions will be $16,194,24 or $449.84 per month with excess copies billed @ $.0037 per copy, including unlimited service and supplies (except paper and staples), with 20,000 copies per month included in the monthly cost via the Miami-Dade Contract #114-DD11, The Finance Director has approved model per attached memo, dated 06/13/2006, - 1 - SM1- Recommendation: Staff recommends the replacement lease with Ikon Office Solutions for an Ikon-Canon 5070 digital copIer. Funding from account codes: 001-1511-513-44.30 Attachments: Deparbnent Signed Memo, 06102/2006 Ikon Proposal, 04J2112OO6 cc: Jackie Rooney. Purchasing Manager -2- 11te'J1UJ D'PIaF....~11 PURCHASING DIVISION TO: FROM: SUBJECT: DATE: Joseph Safford, Finance Director Patsy Nadal, Buyer Copier Replacement - Finance Department June 13, 2006-Updated June 02, 2006-Revised March 13, 2006-Revised April 21, 2006 - Updated May 02, 2006 - Updated The lease on your Ikon-Canon IRSOOO, serial #MPH39137 expired on 03/11/2006. I have attached quotes for a replacement lease for thirty-six (36) months with copies included. Your department is currently paying $303.50 (NO NETWORK) per month. Complying with purchasing guidelines, quotes received are as follows: .CPM-Copies ~r minute Copiers Per Total Lease Incl. Per Model Type CPM Month Per Year (36 months) Month Overage@ $ Ikon-Canon IR5070 50 $449.84 $5,398.08 $16,194.24 20,000 .0037 Ikon-Ricoh Aficio 2075 75 $529.58 $6,354.96 $19,064.88 20,000 .0045 Ikon-Canon IR7095 95 $649.53 $7,794.36 $23,383.08 60,000 .0033 Ikon-Canon IR5870U 58 $671.35 $8,056.20 $24,168.60 20,000 .0078 COLOR 16 All leased copier include copies per month as stated, supplies, except paper and staples, unlimited service, parts, labor, delivery, network board/scanning, universal send, installation and trainingo Pricing per State Contracts. 8elecled Model: I~on IR~ Dept. Signature: .----J.~ , "'- If you have any questions, comments or would like to meet and review, please do not hesitate to give me a call-x7161. Date: ~ 13 to\... cc: Jackie Rooney, Purchasing Manager Sue Luteran, Administrative Assistant .. Document Efficiency .. At Work.- City of Delray Beach Finance Department Canon Image Runner 5070 Features : ~= .. · Multifunctional/Copier · 50 PRINTS PER MINUTES · Digital Scan Once, Print Many Technology .100 Sheet Digital Document Feeder · 2x1500 Paper Draws, 2x550 Paper Draws, · 50 Sheet Multi-Purpose Tray · Limitless Automatic Two Sided Copying · Finisher/Stapler 50 pg. Multi-Position 3,000 output., · Image Server Memory 512 MB RAM + 20 GB HD · Copy Reservation- 5 Copy Jobs, Job Building- Unlimited · 100 Mailboxes-Store & Merge Print or Scanned Documents · Mailbox capacity-approx. 3,700 pgs, 1,000 docs, 100 docs/be · Dept ID's- 1,000 with up to 7 digit password .l.=r ~ - . "8 ~ 4t!- ~ ~ l-~ I I.. I i ! " . i ~ r TIl.1:J!I_ ;iii - Financial Considerations IOS Capital Monthly Tenn: Canon Image Runner 5070 Copier/Printer Finisher/Stapler T-1 2-3 Hole Punch Network Board-Scanning G-5 Universal Send 36 Month $ 449.84 Includes the following: ~/~ · 20,000 copies included per month, overage @ $ .0037 · All supplies included except paper& staples · Unlimited Service ( Parts& Labor) included · Delivery, Installation and Training Miami-Dade Contract 114DDll Proposal Date: 04125106 Paul Franklin Government Account Executive .. Doclllllllllt Elfici..cy .. At Work." City of Delray Beach Finance Office Ricoh Aficia 2075 Features : .... r-'\ , I I I j I . i ~! r I · 75 PRINTS PER MINUTES · Digital Scan Once, Print Many Technology · One pass Duplex Scanner · 100 Sheet Digital Document Feeder · 1st Tray:1550 sheets x 2 (tandem) · 2nd and 3rd Tray 550( user adjustable) · 100 Sheet Multi-purpose Tray · Limitless Automatic Two Sided Copying · Finisher/Stapler 50 pg. Multi-Position 3,000 output. · Image Server Memory 256MB RAM + 40GB HD · Stamping, Chapters. · Copy Reservation- 5 copy Jobs, Job Building- Unlimited · Dept ID's- 500 with up to 7 digit password -Jiof"lllIIIF< -,-, ... '~,(,,~".,.&.-. .... '~~7 ~.;:~- '~, ....- -'. ~, -~ -----1 J I ' I I i i ! i I ! I , I I i ~ . .. ,. f, i i i i ,! I I I I.,' I . J-l--J.J --..---- Financial Considerations 105 Capital Monthly Term: 36 Month Rlcoh Aflclo 2075 Copier SR840 Finisher/Stapler 2-3 Hole Punch 256 Memory upgrade Network Bd.-Scanner Kit $ 529.58 Jd~~. Includes the following: · 20,000 copies included per month, overage @ $ .0045 · All supplies included except paper& staples · Unlimited Service ( Parts& Labor) included · Delivery, Installation and Training · Miami-Dade Contract 1140011 Proposal Date: 04121/06 Paul Franklin Government Account Executive \ 't ' .. ocument Efficiency At Work. AI \;~ City of Defray Beact CommunityOevelopmen' caae.' , . t&CC5 Image Runner ~ Financial Considerations 10S Capital Monthly Term:' Canon Image Runner 9070 Copier Finisher/Stapler/Punch K-2N I q ,5~ Optional Network Board-Scanning Includes the following: . . qs .l)() PRINT PER MINUTES · Dig; can Once, Print Many Technology Sheet Digital Document Feeder · 2 x1500 Paper Draws, 2x550 Paper Draws, · 50 Sheet Multi-purpose Tray , · limitless Automatic Two Sided Copying · Finisher/Stapler100 pg. Multi-Position 3,000 output. · Image Server Memory 196MB RAM + 40GB HD -. Tab Copying and Insertion · Copy Reservation- 5 copy Jobs, Job Building- Unlimited · 100 Mailboxes-Store& Merge Print or Scanned Documents ,. Mailbox capacity-approx. 7,700 pgs, 2,000 docs,1,OOOdocs/b · Dept ID's- 1,000 with up to 7 digit assword 36 Month L"" . '. 0 t::: ? OJ , $ cukJ- · 60,000 copies included per month, overage @ $.0033 · All supplies included except paper&staples · Unlimited Service ( Parts& Labor) included · Delivery, Installation and Training Miami-Dade Contract 114DDll Proposal Date: 01/23/06 '~ Paul Franklin Government Account Executive Page I at. I Frankln. Pauf (PFl8nkln@IKON.com] Tuesday. March 28. 2006 7:28 AM To: Nadal. Patsy Subject: RE: IR9070 Importance: High Patsy, Ikon is substituting the Canonlr9070 with the Canon IR7095 --Orfglnal Message-- From: Nadal, Patsy [mailto:Nadal@d.defray-beach,f1.us] Sent: Monday, Marth 27, 2006 3:23 PM To: Franldin, Paul Subjed:: RE: lR9070 v('~ r" I r ',j 1\\\, ,-_,I \\ 10 \' (\, \ J \\}J I have not received the corrected email. Thanks ----Driginal Message-- From: Franklin, Paul [maBto:PFranklin@1KON.<Xm] Sent: Monday, March 27, 2006 1:21 PM To: Nadal, Patsy Subject: RE: IR9070 Importance: High Patsy, Ikon is substitution Canon IR 9070 with the new Canon IR7195 which is faster. Pricing stays they same. Paul Franklin IKON Office Solution 2090 Palm Beach lakes Blvd. West Palm Beach. Fl33409 (561) 689-65OOx7217 Fax (561)'689--7902 t4 -\-\-\ _ _ +I _ 6~ 3/2812006 o . .. ~Ulllllllt ~Ci"CY .. At Work," City of Delray Beach Finance Department Canon Image Runner 5870U 1- ~ ~---. - I I 11 110 .. .. ... '_~'. :. ..J --r- . r"i"'."~ ~ Financial Considerations IOS Capital Monthly Term: Canon IR 5870U CoplerlPrlnter Finisher Stapler R-1 2-3 Hole Punch Network Board/Scanning Universal Send Features : · Multifunctional/Copier · 58 PRINTS PER MINUTES · Digital Scan Once, Print Man echn · 100 Sheet Digital Document Feeder · 2x1500 Paper Draws, 2x550 Paper Draws · 50 Sheet Multi-Purpose Tray · Limitless Automatic Two Sided Copying · Finisher/Stapler 50 pg. Multi-Position 3,000 output., · Image Server Memory128MB RAM + 5.1 GB HD · Copy Reservation- 5 Copy Jobs, Job Building- Unlimited · 100 Mailboxes-Store& Merge Print or Scanned Documents · Mailbox capacity-approx. 3,700 pgs, 1,000 docs, 100 docslbc · Dept 10's- 1,000 with up to 7 digit password 38 Month $671.35 ~~ Includes the following: · 20,000 copies. Excess $.0078 · Color @ $.08 per click (pay as you go) · All supplies included except paper & staples · Unlimited Service ( Parts& Labor) included · Delivery, Installation and Training State of Florida Contract 250-000-03-01 ProposaIDate:~25/06 Paul Franklin Government Account Executive GAMETIME clo Dominica Recreation Products P.O. Box 520700 Longwood, FL 32752-0700 Phone: (407)331-0101 Toll Free: (800)432-0162 Facsimile: (407)331-4720 Contact: Barry Lock E-mail: barryl@gametime.com GameTime Quotation GamcTiiiic@ Enriching Childhood Through Play," Date: 2/27/2006 Revised Quote No.: 261405501 City of Delray Beach Attn: Joe Weldon, Dir of Pks & Rec For: Bexley Park Playground 50 NW 1st Avenue Delray Beach, FL 33444 Ship to Zip: 33444 Telephone: (561)243-7251 Facsimile: (561)243-7268 QTY 1 44 1 4 1 1 DESCRIPTION #DRP514-M Extravaganza-2006 Sale 12"Playcurb Pkg-Blk Geo-Textile 2250 Sq Ft Roll Wear Mat 44"X48" 2016SF GTIMPAX Wood Fiber (12") Site Prep Price 34,458,00 29,00 372.00 110.00 3,624.50 1,713.60 6.459 Sub-total: Installation: Estimated Freight Total: ITEM RDU 4860 161290 161292 EWF PREP Total weight: Ext Price $34,458.00 $1,276.00 $372.00 $440.00 $3,624.50 $1,713.60 $41,884010 $1,169.60 $2,617.25 $45,670.95 - Pricing offered in accordance with Florida State Contract #650-001-04-1. - #DRP514 Extravaganza-M09dified included freight and installation as priced under special promotional pricing if ordered by December 1, 2006. - Installation shown above is for the Playcurbs and GTIMPAX wood fiber safety surfaceo This quotation Is subject to policies In the current GameTlme Park and Playground Catalog and the following terms and conditions. Our quotation Is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1 ,000.00 to be supported by your written purchase order made out to GameTime, c/o Dominica Recreation Productso Kindly Issue one order for the equipment and a separate order for surfacing and/or equipment installation services. Pricing: f.o.b. factory, firm for 30 days from date of quotation. Payment terms: payment in full, net 30 days subject to approval by GameTime Credit Manager. A 1.5% per month finance charge will be Imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Re~inage not accepted. Shipment: order shall ship within 30-45 days after Game Time's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required. Freight charges: Prepaid and added at time of invoicing. Taxes: State and local taxes, if applicable, will be added at time of Invoicing unless a tax exempt certificate Is provided at the time of order entry. Receipt of goods: Customer shall receive, unload and Inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance ofthe shipment. Exclusions: Unless specifically Included, this quotation excludes an site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to instaHation; equipment assembly and InstaUation; safety surfacing; borders and drainage provisions, signed/sealed enginering dralwngs, permits and any related fees. Installation: shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit Installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional labor or material costs. Page 1 of 2 DElle: 2/27i2006 Revised Quote No,: 261405501 Project: Ship Zip: 33444 To order: Please complete the acceptance portion of this quotation and provide color selections, purchase order copy and other key information requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein, Order information Ship to: Bill to: Contact: Contact: Address: Tel: Fax: Address: Address: City, State, Zip: City, State, Zip Enter desired color palette name: OR Enter desired color: Uprights ( Accents ( Roofsrrubes ( AcceDtance of auotatlon: Accepted by: P.O, No: Signature: Date: Title: Telephone: Purchase amount: $45,670.95 Facsimile: Decks ( Slides/Panels ( F:\vGT\reports\3.3.4\R3Q2.rpt 3.3.42.05,19.06.3.2.5 2006 STD Page 2 of 2 e: a - . ~g .... e: · a.= =0 ..,e: == 11>- e: . .., w a ~ c: ~~~EG)~ g--g si"''''i;' '" .. ..! ~ s.]=a.~~<~ "D - "D ii~nE=.uli-=ca "t: 1:!~N 0 g>28.%'i~~E:;;1i... ",'iii c: 0 ..g,eC= ~~ ii: "'()~ >>..-<=z 31<.0 -6 ~l!~ .0 3l: i"E = l!! E~-g~ .!!!~-~~='O ~~j .....ll::: ~ " 0 ~""_.9"'8cSLL.'!!"lI CL~ -a._I ::0 ~~ .. :fi"D '" ;::I CD....; 0 ro.E . "CfI)c( = I! ~O.-S CO oii^ ~ .., ~ >>"DN m:5 i lD= CDrn~Cii C:CJ) ~=.El~e~-E~~ CO ~ .. c: i.s &~li"!::>~~~~ 00 "'!"C CD C8 -.. :;ElIl .51~.!! ;.9EC: Ii ~~"5"5~~:s(J)~~c( ""~!S,,,tl.!lE!rl C ~~liI' I!!..a....::: 0:;(30 5 !i=~~I::.e"5~ I!! ~c.~~-g~~~t;j 1!-g~:Illii!8~~ o..a;o";g < (/J.cJ - a.. ~aJrn:::JE - ~~~~ 1111 ::0_." >< 0 ~~ll 0 a. .; <= '" E<=.c:l!! -< Cl &!~~ 8. '" ~ ~~i~ Cl ~~ &~ w G: llE~ Cl S....CS....I ....I ~~~1~ 0 lil~ '" ~ :i~ 8.~~....I~ I ZUI 0..0 0 15l!!:!!-giS z~ ....I <( "'''' 0 08.8.12", ~i5 "'m 0 N o~ ",:r ~l515c>8. z >- Q;i UI o..oo.!!!~ <( mUl ililil,!;!1:! C> ~~ ~ ---J! .... .. > > > lID "'z lD CD CD =e: <( ~ WWW i5 0:: ~ ~~~~~ ~ X F 15>- w -< 15 mZ !? ~'" 'it ~ :J~ ...... 0 00 It) ~~ I:J~ It) z", l!:< a.. ~i5 0:: iS~ '" Cl Cl '" .... 0 02>< 0 :J mz UI :.: :1:::; 0.. 0 N ? "'a:: ~ "'''' Om ~ !Q~ ~d ::l o "'", 00 :iiil ~l!l ::lE :::> '" 15 m :::I! :J o x 2 UI 8 ~ Cl Z....l -'" U1~ 00.. ~ (5 ~ll! ~~ :J....I U10 ;o!i5 i~ ~::lE l:l ~15 ~8 ~~ :::> '" ... o o '" '" ~ <> , <> I ~ From:DO~INICA RECREATION 407 331 4720 06/13/2006 15:27 GAMETIME c/o Dominica Recreation Products P.O. Box 520700 Longwood, FL 32752-0700 Phone: (407)331-0101 Toll Free: (800)432~0162 Facsimile: (407)331-4720 Contact: Barry Lock E-mail: barryl@gametime.com GameTime Quotation GamcTiiiie~ Enriching Childhood Through Play.. Date: 5130/2006 Quote No,: 261415001 #433 P.001/004 city of Delray Beach Attn: Mr. Joe Weldon, Dir. of ?ks. & Ree. For: Eagle Park 50 NW 1St Avenue Delray Beach, FL 33444 Ship to Zip: 33444 Telephone: (561)243-7251 Facsimile: (561)243.7268 gn: 1 36 1. 1 .. 2 . 1 1 . Price 17,206.00 29.00 ~ 367.00 372.00 110.00 1,620.00 1,824.58 778 Subootolal: Installation: Calculated Freight Total: mM DR? 4860 28009 161290 161292 PREP EWF DESCRIPTION #624~ Rocky Canyon - Modified SALE 12"Playcurb Pkg-Blk 6' PIS Bench W/Back Inground Geo- Textile 2250 Sq FtRolI Wear Mat 44"X48D Site Prep/12" Excavation 1296SF GTIMPAXWood Fiber (12") Total weight: - Pricing offered In accordance with special promotional $&Ie provisions of Florida State Contract #65o-01.0~1. Ext Pri96 $17,206.00 $1,044.00 $387.00 $372.00 $220.00 $1,620.00 $1,824.58 $22,653.58 $669.60 $383.66 $23,688.84 - #DRP624M Rocky Canyopn-Modlfled Includes freight and Installation as priced above under special DRP "5-Star Installation Promotional Sale" if ordered by December 1, 2006. . Installation quoted above Is for the wood fiber safety surface system and the PIayCUrbs. ThIs quotation Ie subject to poDcles in the current Gamenme Park and Playground Catalog and the following terms and conditions. Our quotation Is based on shipment of aU itema at one time to a Wigle delrtinatioo, unless noted, III'ld changes are subject to price adjustment. Purchases In excess of $1,000.00 to be supported by your Mitten purchase order I118de out to GameTlme, clo Dominica Recreation Products. Kindly issue one order for the equipment and a separate order for surfaclng end/or equipment installation services. Pricing: f.o.b. factory. linn for 30 days from date of quotlltion, Payment terms:.payment In full, net 30 days subject to approval by GameTlrne Credit Manager. A 1.5% per month flliance charge will be impoeed on all past (/ue accounts. Equipment shall be Invoiced separately from other seMees and shan be payable In advance of those services and project completion. Retalnsge not accepted. Shipment order shal.hlp within 30-45 days after GameTlfM's receipt and acceptance of your purchase order, color selections, approved submittals, BfId rec~ of deposit, if required. Frel~ charges: Prepaid and added at time of invoicing. Taxes: state and local taxes, If applicable, will be added at time of Invoicing unless a tax exempt certifioate Is provided at the time of order entry. Receipt of goods: Customer shall receive. unload and inspect goods upon arrival, noting any disprepancles on the Delivery Receipt prior to Written acceptance of the Ihlpment ExcluIIon8: UnI"'lP8clftcaly Ino1uded, this ~n excludes en Bite work and Ienclscaplng; removal of exI8tIng equipment; acceptance of eqlJpment IJ1d off-loading; storage of goods prior to lnataletlonj equipment 886embly and lneteIIetion; safety lUlfaclog; borders and dnlinlge provisions, algnedlsellled engineering drawings, permits and any related fees. Page 1 of2 From:DOMINICA RECREATION 407 331 4720 08/13/2008 15:28 #433 P.002/004 Qate: 513012006 Quote No.; 261415001 . Project: Ship. Zip: 33444 InstanatWn: shaH be by a Certllled GameTime InstaBer. Customer shaft be responllible for schedufing cOQl"dinatlon and site preparation. Site should be level and permit Installation equipment access. Purchaser shall be responsible for unknown conditions such as burled utilities, tree stumps, bedrock or any <:oJ1cealed materials or conditions that may result in additional labor or material coslso To order: Please complete the acceptance portion of this quotation and provide color selections. purchase order copy and other key information requests<!, Acceptance ofthis proposal indicates your agreement to the terms and conditions stated herein. Order information Bill to: Ship to: Contact: Contact Address: Tel: Fax: Address: Address: City, State, Zip: City, State, Zip AcceDtance of Quotation: Accepted by: P.O. No: Sigriature: Date: Title: Telephone: Purchase amount: $23,686.84 Facsimile: F:\vGT\reportl\3.3.4\R3Q2.rpt 3.3.42.05.19.08.3.2.5 ToeA STD Plge2 of2 c m r AJ ~m OJ)> me;) )>r om .?=~ -nAJ r" o AJ - C )> -1-1-1-1-1 ~~~~~ c)>mmm 1fQ~iDiD lDlllPiPi ~I;.armar ....0"0.0.0. ~iD(')-o-o -c(i)o~~ !i a ~ or:: 0 (') (') -5.i~~ (i),:::>-C'O a ~ Iii g g r::CD)>CDCD 5.o~ii ,0 '" ..... ~ 3 '" .... ~ g ~ ~ o CD w '" 3 ;:!.'< 6' -g"'-liD ~~~~ ~~m-~ "" :::> .... 3 '0 N N (,) en SlSl7JSl .c.c1:.c r:: r:: r:: r:: ~.~. i ~. 0. a. 0. 0. _en z - Iw ~~c! 00" CI" z",P 0.......)> ,.......CIJo -0)> $~ ::t/:::: 0 A) "'U " m (J1 N ",IS ~ .......- I::O ~ 0)> 0' A) 0.(1) r 0 5 0 rrI ^ -< 0 )> z -< 0 Z NN(,) (,oj en I- o . ::0 C 3:: NlD -, -orrl (I))> ,z 50 rr1::o o , , ~ 0)> ~~ lD-I rr1::o ::Orrl rrI o (1)0 rr1C )>w -I, rrI o -0 ~ -0 (I) )>0 >-1 z ::0 -I rrI rr1)> ,,-0 ,:::I o~ ri'i i!o --------., I I r-- I I O~"Q. 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Z)> ^ g--I-1 6 Z [ITY DF DElRAY BEA[H DELRAY BEACH r I (J R I IJ ^ ldtI:II AII.America City , III I! 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM 1993 2001 TO: FROM: David Harden, City Manager Joe Weldon, Director of Parks and Recreation SUBJECT: Playground Equipment for Bexley Trail Community Park and Eagle Park DATE: June 13, 2006 Attached please find a quote from GameTime for the Extravaganza playground equipment that will be installed at Bexley Trail Community Park, and the Rocky Canyon playground equipment that will be installed at Eagle Park. The prices of the equipment are as follows: Extravaganza Rocky Canyon $45,670.95 $23,686.84 account #380-4150-572-63.24 account #380-4150-572-63.23 This price is offered in accordance with Florida State Contract #650-001-04-1. Special promotional pricing for these products includes free freight and equipment installation and ends December 1, 2006. Installation and freight shown in the quotation are for the installation and freight of the playground safety surface. Please place this on the June 20,2006 agenda for City Commission consideration. Weldon ctor of Parks and Recreation cc: Carolanne Kucmerowski Agenda Coordinator Ref: bexeagpg @ Pnnled on Recycled Paper THE EFFORT ALWAYS MATTERS 8m~ @ 8ELLSOUTH Karen Holmes 701 Northpoint Parkway West Palm Beach, Fl 33407 Phone: (561) 640-6638 June 15, 2006 Mr. Jeff Perlman Mayor City of Delray Beach PO 300 West Atlantic Aveneue Delray Beach, Fl 33444 Dear Mr. Perlman: I appreciate your consideration of BellSouth as your data-networking provider. BellSouth understands how important secure and reliable communications is to your business. To that end, we give you everything you need to run your business communications smoothly and efficiently. And it's all backed by a trustworthy and financially strong company with award-winning customer service. Your Internet solution should begin with the rock solid foundation of BellSouth@ Dedicated Internet Access Service. BellSouth@ Dedicated Internet Access Service provides reliable, high-speed connectivity that can help you meet your business goals. BellSouth is the ISP that offers the technological expertise, experience and service your business needs: . Scalability for the future growth of your business . Web Stats on the performance of your Internet Connection . Domain Name Service management on primary and secondary DNS for top-level or subdomains . Domain Name Registration assistance . Proactive Service level Agreements . Consolidated Billing . Reliability and Customer Support Attached is the contract package for the BellSouth Dedicated Internet Service solution we discussed. In order to proceed with the order, the documents must be signed and returned to me. I will follow up with you shortly regarding this contract package to address any questions you may haveo In the meantime, please do not hesitate to contact me for further information at (561) 640-6638 or at Karen.holmes@bellsouthocom. Thank you again for giving BellSouth the opportunity to help your business succeed. We look forward to partnering with you to accomplish your objectives. CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 07/2005 Page 1 of 20 Created On: June 15, 2006 CCP-8190 @)8E1I.SOUTH BLS Master Agreement CPG-8182 BellSouth @ Business Services Master Agreement This BellSouth@ Business Services Master Agreement (this "Agreement") is made and entered into as of , 2006, by and between the undersigned BellSouth Company ("BeIlSouth"), located at 2180 lake Boulevard, 7th Floor, Atlanta, Georgia 30319, Attention: Director - Contract Management (the "BellSouth Contact"); and the undersigned company, City of Delray Beach PD (hereinafter, "Customer") located at 300 West Atlantic Aveneue , Delray Beach, Fl 33444, Attention:Jeff Perlman (the "Customer Contact"), BellSouth and Customer may hereinafter be referred to individually as a "Party" or collectively as the "Parties." These terms and conditions ("Terms') govern the provision by BellSouth Telecommunications, Inc, or BellSouth MNS, Inc, ('BeIlSouth.) and the use by the customer ("Customer") of the BellSouth@ Business Services family of Internet-related and managed services, including but not limited to, all dial-up and dedicated Internet access services, web hosting, managed equipment services, managed network services, and Network VPN, including any BellSouth-provided equipment or software (referred to separately herein as "Equipment" and "Software," respectively) located on Customer's premises or at Customer's location(s) for use in connection with such services and including any network consulting, design, monitoring, management, maintenance, or other services that may be provided in connection with Customer-supplied networks or equipment as part of the BellSouth Business Services (collectively referred to herein as the "Services"), References in these Terms to "Customer" include individuals authorized by Customer to use the Services, except where the context clearly requires otherwiseo By ordering and using the Services or any portion thereof, Customer agrees as follows: 10 The Services. BellSouth will operate the Services in accordance with its standard policies and procedures and applicable Service Descriptions, incorporated herein by reference, and as described in further detail in the ordering document(s) ("Orders") submitted by Customer and accepted by BellSouth, BellSouth shall have the right to access Customer's Services for the purpose of performing such repairs or reconfiguration or confirming Customer's compliance with its obligations with respect to the Services. 2, Term, Customer's agreement for the use of the Services will be in effect from the date of installation and activation of Customer's Service ordered under the applicable Order and, unless terminated earlier as set forth herein, shall continue thereafter for the minimum term, if any, set forth in such Order, The term of each subsequent Order for the same type Service shall be co-terminous with the initial Order for the same type Service, unless otherwise provided for in such subsequent Order. This Agreement shall be extended for additional one-year terms under the same terms and conditions herein unless either Party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. 3, Rates and Charges. The rates and charges payable by Customer for the Services shall be as set forth in the Customer's Order(s) that have been accepted by BellSouth. If Customer has elected a minimum term for the Services in its Order then the rates for the Services in effect at the time of the Order shall remain in effect for the duration of such minimum term (unless otherwise provided in such Order). If no minimum term is specified in such Order, or if a Party provides notice pursuant to Section 2 that it does not intend to renew the Agreement and Services continue beyond the minimum term, the Services will be provided on a month-ta-month basis at the then prevailing month-ta-month rates for the Services until either Party gives the other at least thirty (30) days written notice of termination of the Services. Customer will be invoiced monthly for usage of the Services, BellSouth must receive payment by the date stated on the invoice, Unless otherwise provided in an Order, attachment, or addendum, all charges are exclusive of applicable federal, state or local taxes, and fees 0 Customer will payor reimburse BellSouth for any and all sales and use taxes, duties, or levies imposed or permitted by any authority, government, or government agency (other than taxes levied on BellSouth's net income) in connection with Customer's usage of the Services. If any payment due hereunder is not made within the date stated on the invoice, any late payment/interest charges computed at one and one-half percent (1 112%) per month, or the highest amount permitted by applicable law, whichever is less, shall be due and payable with respect to such payment. 4, Equipment. If provision of the Services requires the placement by BellSouth of Equipment at Customer's location, Customer shall provide (or make arrangements to provide) adequate space and a reasonable installation and operating environment for such Equipment, including electrical power, at no charge to BellSouth, Customer shall provide access to such Equipment by BellSouth and its representatives for the purpose of repairing, replacing, maintaining or otherwise using or servicing the Equipment and for removing the Equipment upon termination of the Services. All such Equipment shall remain the property of BellSouth or its suppliers, and no right, title, or interest in the Equipment shall pass to Customer, Customer agrees that the Equipment is and shall remain personal property even though it may become attached to realty, Customer shall not sell, assign, sublet, or otherwise encumber or allow a lien or claim upon or against the Equipment by any action of Customer or any party claiming by, through, or under Customer. Customer shall not move the Equipment from its. place of installation or make, or permit any other party to make, any repairs or alterations to any Equipment without BellSouth's prior written consent. Customer shall be responsible for the cost of repairing or replacing any Equipment lost, stolen or damaged while at Customer's premises and for returning (I.e., permitting BellSouth to recover possession of) all Equipment in the same condition as when installed at Customer's premises (reasonable wear and tear excepted) upon termination of the Services for any reason. 5. Other Services and Software. The Services may include dedicated or dial-up Internet Protocol connectivity to BellSouth's local Internet networks and to the global Internet, as well as access or connectMty to any of the information sources or services that may be provided by BellSouth or be available from other service providers participating in, connected to or accessible through BellSouth's Services or the global Intemet but which are not part of the Services being purchased hereunder. Separate charges may be applicable to some of these additional services and may appear on Customer's bill from BellSouth, or they may be billed to Customer separately by the providers of such services, A third party Global Service Provider (GSP) provides a roaming capability in conjunction with dial-up Bellsouth Business Internet Services that allows users (subject to any applicable roaming surcharge) to dial the local numbers of GSP-provided POPs to reach the BellSouth Business Internet Service while outside of the BellSouth Business Internet service areas, If Customer or its users elect to use such GSP local access (or Customer purchases a service plan which has such GSP local access included in the price), Customer will be charged by the GSP and may see a separate charge for such service on its bill. Such GSP local access service is provided by the GSP on the GSP's terms and conditions and at the prices or surcharges set forth in the applicable Customer's Order, Use by Customer and any individual authorized users of Customer of BellSouth's other services and any browser or other Software provided by BellSouth shall be subject to BellSouth's standard terms and conditions for such services as well as the applicable software license terms that are provided with such Software. 6. Customer's Responsibilities, (a) As between Customer and BellSouth, Customer is responsible for (i) assuring that its authorized users comply with the provisions of these Terms and that unauthorized persons do not gain access to or use the Services through user names, passwords, or other identifiers assigned to Customer pursuant to these Terms; (ii) providing any equipment and software that may be necessary for the use of the Services by Customer (in addition to any Version: 12/2005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 2 of 20 Customer Initials: CCP-8190 Date: Equipment and Software that may be placed at Customer's location(s) or otherwise provided or used by BellSouth for its provision of the Services); (iii) timely payment of all charges for usage of the Services applicable to its account whether or not by authorized users or for authorized purposes; and (iv) performing its other obligations under these Terms. Customer shall not use the Services in any way that would be or would assist any third party to be in violation of any law, these Terms, or any Acceptable Use Policy applicable to the Services, Customer shall not transmit or publish on or over the Services any information, software, or other content that violates or infringes upon the rights of any others or use the facilities and capabilities of the Services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, Customer shall comply with all applicable laws, rules, and regulations in connection with the Services. (b) Customer shall provide such information and assistance as are reasonably requested by BellSouth for purposes of facilitating BellSouth's provision of Services to Customer, 7, Limitation and Disclaimer of Warranties. NEITHER BELLSOUTH NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. 8. Limitation and Disclaimer of Liability, (a) BellSouth shall not be responsible for any use of the Services by Customer, its authorized users, or any third partyo Without limiting the generality of the foregoing, BellSouth shall not be liable to Customer or any of Customer's users for any lost profits or other consequential damages, even if BellSouth has been advised of the possibility of such damages; any claim or other action against Customer by any third party (except as set forth in the section below on infringement); any act or omission of any other entity furnishing products and services that are used by Customer in connection with the Services or for failure of any products or services provided by Customer; or any damages or losses caused by the fault or negligence of Customer or Customer's failure to perform Customer's responsibilities. (b) NEITHER CUSTOMER NOR BELLSOUTH OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE, INDIRECT OR SPECIAL DAMAGES SUFFERED BY THE OTHER OR ANY OTHER PARTY, NOR SHALL BELLSOUTH HAVE ANY LIABILITY FOR LOST PROFITS, LOSS OF USE, OR TOLL FRAUD SUFFERED BY CUSTOMER OR ANY OTHER PARTY, AS A RESULT OF THIS AGREEMENT OR EITHER PARTY'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE. CUSTOMER AGREES THAT CUSTOMER WILL NOT IN ANY WAY HOLD BELLSOUTH RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE, (c) In the event that a court should hold that the limitations of liabilities or remedies available as set forth in these Terms, or any portions thereof, are unenforceable for any reason, or that any of Customer's remedies under these Terms fail of their essential purpose, Customer expressly agrees that under no circumstances shall BellSouth's total liability to Customer or any party claiming by, through or under Customer for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by Customer for use of the Services during the twelve-month period preceding the date such claim first arose. 9. Remedies of Customer. Customer's sole remedy for any failure or non-performance of the Services (including any associated Equipment, Software or other materials supplied in connection with the Services) shall be (i) for BellSouth to use commercially reasonable efforts to effectuate an adjustment or repair of the Services and, in the event such failure or non-performance results in Service downtime that exceeds the period of time specified in the applicable service level agreement portion (if any) of any applicable Order or Service Description, to receive a refund or credit of or against any charges otherwise payable for the Services for the period of service downtime as provided for in the applicable service level agreement portion (if any) of any applicable Order or Service Description, or (ii) if such failure or non-performance results in Service downtime or degradation so substantial as to render the Service essentially unavailable to or unusable by Customer for normal use, to terminate the Services for default by BellSouth in the manner provided in these Terms, Unless specified to the contrary in any applicable service level agreement portion of any applicable Order or Service Description, the maximum credit for service downtime or other failure shall not exceed the total monthly bill to the Customer for the Services for the month in which such dOll'mtime or failure occurs, 10. Indemnification. 10.1 To the extent that any Service furnished under this Master Agreement infringes any United States patent, trademark, copyright, or trade secret and a written claim is made or suit is brought by any third party against Customer on that account, BellSouth agrees to defend or settle any such claim or suit at BellSouth's expense, BellSouth will also pay all damages and costs that by final judgment are assessed against Customer attributable to such infringement. 10,2 BellSouth's obligation as set forth in this Section is expressly conditioned upon the following: (a) that BellSouth shall be notified promptly in writing by Customer of any claim or suit of which Customer is aware; (b) that BellSouth shall have sole control of the defense or settlement of any claim or suit and that Customer shall not make any compromise, admission of liability or settlement or take any other action impairing the defense of such claim without BellSouth's prior written approval; (c) that Customer shall cooperate with BellSouth in all reasonable ways to facilitate the investigation, settlement or defense of any claim or suit; and (d) that the claim or suit does not arise from Customer modifications, or from combinations of Services provided by BellSouth with equipment, software or services provided by Customer or others, or from Customer's use of Services other than in accordance with the appliCable manufacturer's specifications, 10,3 If any Service becomes, or in BellSouth's opinion, is likely to become the subject of a claim of infringement, or a final injunction is obtained against Customer prohibiting usage of the Service by reason of such infringement, BellSouth will, at its option: (a) procure for Customer the right to continue using the applicable Service; (b) replace the Service with a non-infringing Service substantially complying with the specifications of the Services; or (c) modify such Service so it becomes non-infringing and performs in a substantially similar manner to the original Service, 10.4 If options 10.3(a), (b) or (c) above are not reasonably available to BellSouth, then BellSouth may elect instead to return any amounts prepaid by Customer for the affected Service for any period after BellSouth directs Customer to cease such use, which is in either case the subject or potential subject of an infringement claim, as then depreciated based on Customer's depreciation schedule used for federal income tax reporting purposes, 10,5 The foregoing states the entire obligation of BellSouth, and the exclusive remedy of Customer, with respect to infringement of proprietary rights, The foregoing is given to Customer solely for its benefit and is in lieu of, and BellSouth disclaims all warranties of noninfringement with respect to the Service. 10,6 If promptly notified in writing of any action brought against BellSouth, due to claims for infringement of United States patents, copyright, trademark, or other intellectual property rights, or due to any other claims or causes of action by third parties of any nature whatsoever, arising from the use, in connection with the Services, of equipment, software or information not provided by BellSouth, or otherwise relating to or arising out of Customer's use of the Services, Customer will defend that action at its expense and will pay any and all fees, costs or damages that may be finally awarded in that action Version: 1212005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 3 of 20 Customer Initials: CCP-8190 Date: or a settlement resulting from it provided that (i) BellSouth shall permit Customer to control the defense of such action and shall not make any compromise, admission of liability or settlement or take any other action impairing the defense of such claim without Customer's prior written approval and (ii) BellSouth shall cooperate with Customer in all reasonable ways to facilitate the settlement or defense of any claim or suit. 11, Force Majeure, BellSouth shall not be responsible for any delay or failure in delivery or performance of any of its duties hereunder due to acts of God, acts or omissions of any network or any other occurrence commonly known as force majeure, including war, riots, acts of terrorism, embargoes, strikes, or other concerted acts of workers, casualties or accidents, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing that prevent or hinder the delivery of the Services. BellSouth may cancel or delay performance hereunder for so long as such performance is delayed by such occurrence or occurrences, and in such event BellSouth shall have no liability to Customer, 12, Termination and Default. (a) BellSouth may, at its sole discretion, terminate any Customer Order and discontinue Customer's access to and use of the Services, if ~) Customer fails to pay any amount within ten (10) days after written notice that the same is delinquent; or (ii) Customer breaches any of the material terms, conditions, obligations, or representations contained in these Terms, except for applicable Acceptable Use Policies, and does not cure such breach within thirty (30) days of notice of such breach; or (Iii) Customer becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization, or liquidation proceeding, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due, or (iv) Customer's equipment or use of the Services interferes with the Services or any other user, Although BellSouth reserves the right to immediately suspend or terminate Service in the event of repeated or flagrant violations of its Acceptable Use Policy, incorporated herein by reference, BellSouth's preferred course of action under this Section 12(a)(iv) is to allow Customer an opportunity to cease such interference before Service termination occurs. In addition, if BellSouth reasonably determines that the continuation of the Services has become impractical or unfeasible for any technical, legal, regulatory, or other reason, BellSouth may terminate the Services with at least thirty (30) days prior notice if reasonably practical, in which event Customer shall not be liable for termination charges, (b) If Customer has elected a minimum term for the Services and then cancels its Services or any portion thereof, or has its Services or any portion thereof terminated as provided above, prior to the expiration of such minimum term, Customer shall be obligated to pay BellSouth a termination charge equal to the amount (if any) specified in the applicable Order; otherwise the termination charge shall be equal to fifty percent (50%) of the total monthly charges (ottier than variable usage charges) that would have become due for the remainder of the scheduled minimum term if such cancellation had not occurred, In addition, if such termination occurs within the first year of the minimum term, Customer must also pay any waived nonrecurring charges. Such termination charge shall be paid to BellSouth within thirty (30) days after such cancellation by Customer, (c) If BellSouth breaches any of these material Terms and fails to cure such breach within thirty (30) days after written notice of such breach, Customer may (as its sole remedy except for any credits that may be payable for downtime as provided elsewhere herein) terminate its Services by written notice to BellSouth, without obligation for any early termination charges otherwise payable hereunder. 13. Use of Materials, Marks and Information. (a) Customer may use, copy and distribute the materials found on the Services for internal, noncommercial, informational purposes only. Except as authorized in this paragraph, Customer is not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by BellSouth, its applicable affiliates or any third party owner of such rights, Customer shall have no ownership or property rights in the Services or in any documentation provided in connection with the Services, Customer may make copies of such documentation solely for use in connection with its authorized use of the Services, and all such copies shall include all copyright, trademark and other proprietary notices appearing in the original documentation. Upon the termination of the Services to Customer, Customer shall return all copies of the documentation to BellSouth or certify destruction of such documentation, . (b) The company names and logos and all related product and service names, design marks and slogans of each Party are the property of the respective Party or its affiliates, Neither Party is authorized to and shall not use any name or mark of the other Party in any advertising, publicity or in any other commercial manner without the prior written consent of the other Party. (c) All product and service marks contained on or associated with the Services that are not BellSouth marks are the trademarks of their respective owners, References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply BellSouth's endorsement, sponsorship or recommendation of the third party, information, product or service, . (d) Neither Party will make any media release or other public announcement relating or referring to the Agreement or the Parties' performance or relationship hereunder without the prior written consent of the other Party, 14. Confidential Information (a) Except as set forth in this Section, or as otherwise expressly provided in this Agreement, each Party agrees that (i) all information communicated to it by the other and identified and marked as "confidential," whether before or after the date hereof, (ii) all information identified as confidential to which it has access in connection with the Services and Equipment, and (iii) this Agreement and the Parties' rights and obligations hereunder (collectively, "Confidential Information"), will be, and will be deemed to have been, received in confidence and will be used only for purposes of this Agreement. Each Party agrees to use the same means it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure and protect the confidentiality of Confidential Information. No Confidential Information will be disclosed by the recipient Party without the prior written consent of the disclosing Party; provided, however, that each Party may disclose this Agreement and any disclosing Party's Confidential Information to those who are employed or engaged by the recipient Party, its agents or those of its affiliates who have a need to have access to such information in connection with their employment or engagement, provided the recipient Party notifies such persons of the obligations set forth in this Section and such persons agree to abide by such obligationso (b) The obligations set forth in subsection 14 (a) above will not prevent any Party from disclosing or using information that belongs to such Party or (i) is already known by the recipient Party without an obligation of confidentiality, (ii) is publicly known or becomes publicty known through no unauthorized act of the recipient Party, (iii) is rightfully received from a third party, (iv) is independently developed without use of the disclosing Party's Confidential Information or (v) is disclosed without similar restrictions to a third party by the Party owning the Confidential Information. If Confidential Information is required to be disclosed pursuant to law, regulation, tariff or a requirement of a governmental authority, or in connection with an arbitration or mediation, such Confidential Information may be disclosed pursuant to such requirement so long as the Party required to disclose the Confidential Information, to the extent possible, provides the disclosing Party with timely prior notice of such requirement and coordinates with the disclosing Party in an effort to limit the nature and scope of such required disclosure, Upon written request at the expiration or termination of an Order, attachment, or addendum,. all Confidential Information (and all copies thereof) (if previously received by each Party) will be returned to the disclosing Party or will be destroyed, with written certification thereof being given to the disclosing Party, The provisions of this Section will survive the expiration or termination of any Order, attachment or addendum and this Agreement for any reason. (c) Confidential Information will not include any feedback, data, answers, questions, comments, suggestions, ideas or the like, that Customer sends to any BellSouth Company relating to the Services or Equipment, unless Customer identifies it as Confidential Information, BellSouth assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. BellSouth wjll also be free to use any ideas, concepts, know-how or techniques contained in such information or developed by them, for any purpose whatsoever including but not limited to developing, manufacturing and marketing Services and Equipment incorporating such information. Nothing Version: 1212005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 4 of 20 Customer Initials: CCP-8190 Date: contained in this Section restricts the right and ability of BellSouth to use information conceming the execution of this Agreement and the provision of the Services and Equipment to Customer in intemal publications, 15, Dispute Resolution - Independent Arbitration. (a) Except as provided in this Section 15, all disputes ansmg out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory), including any dispute based on any service or advertising related to this Agreement, shall be resolved by final and binding arbitration governed by the Federal Arbitration Act ("FAA"), 9 U.S,C, 99 1-16. Disputes that meet the small claims court requirements in the state in which the Services are provided may be resolved in small claims court, The Parties agree that this Section 15 shall not apply to debt collection matters or to disputes relating to Intellectual Property and that Chapter 48 of the Code of Laws of South Carolina shall not apply to this Agreement or to any arbitration or award hereunder, (b) The arbitration will be conducted by one arbitrator using the procedures described herein in accordance with the commercial arbitration rules and fee schedule of the American Arbitration Association ("AM") in effect on the date a dispute is submitted, as modified by this Agreement. The AM's arbitration rules are available from the AM at www,adr,org, (c) The Parties have the right to be represented by counsel. The arbitrator shall be bound by and strictly enforce the terms of this Agreement, and may not limit, expand or otherwise modify the terms of this Agreement in conducting the arbitration and making any award, Unless either Party requests that the arbitration be conducted using the AM's telephonic, on-line, or in-person procedures, for which additional charges may apply, the arbitration will be based solely on the written submissions of the Parties and the documents submitted relating to the dispute, Any in-person arbitration will be conducted at a location that the AM selects in the state in which the Services are provided, or as the Parties may othelwise mutually agree, Arbitrations under this Agreement shall be kept confidential. (d) Disputes under this Agreement may not be (a) resolved on a class-wide basis, (b) joined with another lawsuit, or (c) joined in an arbitration with a dispute of any other entity, The arbitrator may not award, and the Parties waive any claims for awards for, punitive damages or attomey fees or any damages that are barred by this Agreement, unless such damages are expressly authorized by a relevant statute. (e) Before taking a dispute to arbitration, the Parties agree to first attempt to resolve the dispute between them, If the Parties are not able to satisfactorily resolve the dispute within sixty (60) calendar days from the date of the initial notification of the dispute, either Party may contact the AM in writing at AM Service Center, 2200 Century Parkway, Suite 300, Atlanta, GA 30345-3203, and request arbitration of the dispute, (f) Subject to applicable substantive law that may provide otherwiseo each Party will pay its own expenses to participate in the arbitration, including attomey fees and expenses related to the presentation of evidence, witnesses, and document production, (g)Nothing in this Agreement shall be construed to limit either Party's right to obtain equitable or injunctive relief in a court of competent jurisdiction in appropriate circumstances, 16, General, (a) Except as set forth herein, Customer may not assign or transfer any of its rights, duties, or obligations with respect to the Services without BellSouth's written consent, which consent shall not be unreasonably withheld or delayed, Any attempted assignment or transfer without the written consent of BellSouth shall be void. Notwithstanding the foregoing, BellSouth may assign, delegate or otherwise transfer its rights or obligations hereunder, in whole or in part, at any time or subcontract the performance of any of its obligations under this Agreement. (b) Neither Party may bring an action, regardless of form, arising out of the Services or these Terms more than one year after the cause of action arose, (c) This Agreement, together with all attachments, addenda, and any Orders placed hereunder, constitutes the entire agreement between BellSouth and Customer relating to this Agreement and the Services performed hereunder, supersedes any prior written or verbal proposals, agreements, understandings or other discussions respecting the same, and may not be modified or amended other than by a written instrument executed by both Partieso (d) These Terms and the Services shall be govemed by the laws of the State of Florida, without regard to its conflict of laws provisions, If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby, (e) The Parties are deemed to have participated in the drafting and negotiation of this Agreement after consulting with their respective counsel of their own choosing, Therefore, the language of this Agreement shall not be presumptively construed either in favor of, or against, any Party. (f) No failure on the part of either Party to exercise any right or remedy arising directly or indirectly under this Agreement will operate as a waiver of any right or remedy it may have, nor will an exercise of any right or remedy by either Party preclude any right or remedy otherwise available to such Party, (g) To the extent there is a conflict between the terms set forth in this Agreement and those in any Order, attachment or addendum, the terms set forth in the Order, attachment, or addendum shall prevail. (h) The headings used in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement. (i) Except as otherwise specifically stated in this Agreement, the provisions of this Agreement are for the benefit of the Parties hereto and not for any other person, 0) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The Parties agree that a facsimile or electronic transmission of each Party's signature to this Master Agreement and Orders hereunder will be deemed an original and the best evidence thereof for all purposes, including, without limitation, all evidentiary purposes before any arbitrator, court or other adjudicatory authority. 170 Notices, All notices under this Agreement will be in writing and will be deemed to have been duly given if delivered personally or by courier service, faxed or mailed by registered or certified mail, return receipt requested, postage prepaid, to the Parties at the addresses set forth above, All notices under this Agreement that are addressed as provided herein will be deemed given (a) upon delivery, if delivered personally or by courier service, (b) when confirmed, if delivered by facsimile, and (c) on the fifth (5th) business day after the day it is deposited in a regular depository of the United States mail, if delivered by mail in the manner described above, Either Party may change its address or respective contact for notification purposes by giving notice to the other of the new address or designee and the date upon which such change will become effective. 18, Credit Check Acceptance of any Order by BellSouth is subject to BellSouth credit and other approvals, Following Order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) Customer's creditworthiness has significantly decreased, BellSouth in its sole discretion reserves the right to cancel the Order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. Version: 12/2005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 5 of 20 Customer Initials: CCP.8190 Date: IN WITNESS WHEREOF. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions, BellSouth and Customer have caused this Agreement to be executed and delivered by their duly authorized representatives. effective upon execution by Customer and acceptance by BeUSouth. The undersigned warrant and represent that they have the authority to bind Customer and BellSouth to this Agreement. Customer: City of Delray Beach PO Accepted by BellSouth MNS. Inc, and BellSouth Telecommunications. Inco By: BellSouth Business Systems. Inc, By: By: Name: Jeff Perlman (Print or Type) Name: Kenneth Lewis or Jacob A. Granger (Print or Type) Title: Mayor Title: Director - Contract Management or Manager - Tactical Pricing Date: Date: Version: 12/2005 Created On: June 15. 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 6 of 20 Customer Initials: CCP-8190 Date: @ BEIISOUTH BellSouth Dedicated Internet Access Service Description Dedicated Internet Access (DIA) is an essential tool for businesses to compete in teday's information technology marketplaces. DIA is well suited for handling on-line mission critical tasks, DIA enables a customer, over the Internet, to sell products and services, communicate with customers and suppliers, market to new prospects, and conduct research on competitors, BellSouth DIA Service provides highly reliable Internet connectivity for business customers, Full suites of standard and optional features, as well as a range of connection speeds, (128kbps - 622mbps) are available. Connectivity is achieved through router-based access to a BellSouth Managed Facility (BMF) with connections to the global Internet through the BellSouth RegionallP backbone. BellSouth DIA service can be accessed using one or more of BellSouth's fast packet or other networks, including Frame Relay, Private Line, ATM, Metro Ethernet and SONET ring topologies, 1) Service Components DIA components: a. Customer Premises Equipment (CPE) bo Transport service c. BellSouth Managed Facilities (BMF) d, BellSouth RegionallP Backbone ("BRIB") and global Internet connections DIA Service Logical Architecture -r-r ~'I_.....,.I Customer Premises Equipment @W0@.Obal Sel'V1ce Internet BelISouth Managed Facility a. Customer Premises Equipment The Customer Premises Equipment is the router located at the customer location. The customer will provide the Customer Premises Equipment in the Port+Access and Port Only service options, while BellSouth's DIA service will include the router in Port+Access+CPE Service options. Customer Provided Router If the customer provides the router, BellSouth will assist the customer in configuring thc:l equipment to communicate with the BMF, BellSouth Business Internet Services support includes providing IP addresses, Additional support will be addressed on an as-needed basis, Billing is initiated within 24 hours of service activation, Under the customer provided CPE scenario (Port+Access or Port Only service options), all monitoring, management, troubleshooting, repair and/or replacement of the customer premises equipment will be the customer's responsibility. BeIlSouth ISP DIA provided router When -BellSouth's DIA service includes the router, the router choice is generally based on transport service type and speed of connection. The routers will be configured for static routing. BellSouth will retain ownership of and is responsible for all installation, configuration, monitoring, management, troubleshooting, repair, and replacement of the equipment. However, the customer is responsible for safeguarding the equipment against theft and damage, and must provide a suitable environment for the operation of the router. In addition, the customer is encouraged to provide out of band (OOB) access to the router, This OOB access must be dedicated for use in accessing the customer premise router from the BellSouth Network Operations Center to aid in expeditious troubleshooting and resolution, and to minimize unneeded router replacements. b. DIA Transport The DIA service supports access via the following transport services: . Frame Relay . Private Line . ATM . Metro Ethernet Premium Service BellSouth@ SMARTRing@ service with frame relay or with private line (SONET)*, excluding Port Only Service Options * SMARTRing@ service must already be installed before DIA service can be activated, The transport service may be provided as part of the DIA service or obtained separately by the customer, With the exception of SMARTRing@ service, all dedicated, point-to-point transport services used to provide access to the DIA service are provided via the FCC jurisdiction tariffs, Please see the sections below on specific service transport descriptions, Version: 0812005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 7 of 20 CCP.8190 OIA-Provided Transport (Port+Access+CPE, and Port+Access Service Options) When BellSouth's DIA service includes the transport from the BMF to the Customer premises, BellSouth will be responsible for completing the following functions to ensure proper implementation of the dedicated services: For Private Line, order circuit from customer premise to the BMF, For Frame Relay, order end-to-end Pennanent Virtual Circuit (PVC), customer premise-te-BMF. (BelISouth's DIA service will place the order for the customer's end of the PVC on the customer's behalf and the customer will be billed the applicable tariffed charges for that PVC service on its regulated phone bill). . For Metro Ethernet, order Metro Ethernet circuit from customer premise to the BMF. . For SMARTRing@ service, the customer must already have the SMARTRing@ service installed, BellSouth's DIA service will order "channel on" to the Customer's SMARTRing@ service using a Shared Network Arrangement (SNA) and for a Private Line Connecting Agreement. . Configure BMF terminating equipment and router . Assign BMF port IDs to the customer . Monitor and manage the circuit . Maintain and troubleshoot all Telco-related connectivity issues . Assign IP addresses for the hosts at the customer premise Customer-provided Transport (Port Only Service Option) In the case of Customer-provided transport, the customer is responsible for the transport to the BMF. All dedicated, point-te-point transport services used to provide access to the DIA service are provided via the FCC jurisdiction tariffs, BellSouth will be responsible for completing the following functions to ensure proper implementation of the dedicated connection service: . Configure BMF terminating equipment and router . Assign BMF port IDs to the customer . Monitor and manage the Port Only . Maintain and troubleshoot all Port Only-related issues . Assign IP addresses for the hosts at the customer premise The customer will be responsible for calling their transport provider to resolve any local loop problems, c. BeIlSouth Managed Facility (BMF) The BMF contains a large infrastructure of IP-based data networking equipment usually located in a BellSouth Central Office (CO), There is a BMF in every LATA throughout the current BellSouth nine state service area. 2) Network Architecture BeIlSouth Regional Internet Backbone (BRIB) BRIB is the regional backbone that connects DIA customers to other BMFs and DIA customer locations within the BellSouth region, as well as to the global Internet. The BRIB design offers multiple redundancy points in the network; redundancy is provisioned between BMF's and in connectivity of the BRIB to multiple Internet backbone providers, 3) Service Options . Port + Access + CPE Service Option . Port + Access Service Option . Port Only Service Option Port + Access + CPE Service Ootion BellSouth's DIA service will include the customer premises router, the local loop transport, the port in the BMF, and connectivity to the BRIB and the global Internet. Port + Access Service Ootion BellSouth's DIA Service will include the local loop transport, the port in the BMF, and the connectivity to the BRIB and the globallntemet. The customer will provide their own customer premises router, Detailed specifications for DIA using Metro Ethernet are found in the Metro Ethernet DIA section in Section 6. Port Onlv Service Ootion BellSouth's DIA service will include the port in the BMF, and the connectivity to the BRIB and the global Internet. The customer will provide their own customer premises router, and will provide the local loop transport connectivity to the BMFo Detailed specifications for DIA using Metro Ethernet are found in the Metro Ethernet D1A section in Section 6, Demarcation Points The line of demarcation is as follows: Port + Access + CPE Service Option: LAN interface on CPE Port+Access Option: Version: 08/2005 Created On: June 15, 2006 If < or = DS1 it is the Smart Jack If> DS1 and < 5OM, or MetroE DIA 10M, 20M, or 50M (electrical), it is the Transmit/Receive Coax cable jack If > Fractional OC3, or MetroE DIA 10M, 20M, 50M (optical), or MetroE DIA 100M, 250M or 500M, it is the .pair of fibers" CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 8 of 20 CCP-8190 4) Billing Options Dedicated Internet Access (DIA) customers have a choice of billing methodologies. Tiered and Flat Rate monthly recurring charge billing plans are available for most Service Types and most Access Methods. With the Burstable plan, a customer whose Access Method is Private Une may choose to be billed either a tiered/flat rate monthly recurring fee or to be billed a variable amount based upon usage, ATM DIA is burstable billing only. MetroE DIA is only available in Tiered/Flat Rate billing only. a. Usage Determination for Burstable To calculate a customer's usage for a billing period, BellSouth will poll the BMF router where the customer's service is terminated, taking measurements every 5 minutes for both inbound and outbound traffic, retaining the higher number for each 5-minute interval. These measurements, collected for a billing period, will then be ordered from high to low, the top 5 percent of measures will be eliminated and the next highest number (95th percentile) will become the usage number to be multiplied by a per megabit price, The price per megabit will be based on: . 95th Percentile of usage Contract Term . ServiceType . Access Method If any port connection is placed in or removed from service during a monthly invoice period, the 95th percentile result for such port shall be pro-rated for the number of days which such port was in service, The Burstable prOduct is only available using Private Line or A TM as the transport (DS1-0C12) 5) OIA Service Bandwidths Bandwidth Frame Private ATM Metro Relay Line Ethernet 128 kbps X 256 kbps X 384 kbps X 512 kbps X 768 kbps X 1024 kbps X 0511536 kbps X X X 3 mbps X X* 6 mbps X X* 9 mbps X X* 10 mbps X* 12 mbps X X* 15 mbps X X* 18 mbps X* 20 mbps X* 21 mbps X X* 24 mbps X* 27 mbps X* 30 mbps X* 33 mbps X X* 36 mbps X* 39 mbps X* 50 mbps X. 05345 mbps X X* X 100 mbps X. 250 mbps X. 500 mbps X. Fractional X. OC3 speeds OC3 X* Fractional X* OC12 speeds OC12 X* MLFR (3M bps) X MLFR (6Mbps) X MLFR (9Mbps) X .Not available in all areas NOTE: Availability may vary based on service option selected, Version: 08/2005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 9 of 20 CCP-8190 6) Service Access Transports Frame Relay Access for DIA The Frame Relay access method for OIA is designed to meet customer requirements for Intemet connectivity with OS1, OS3, Fractional OS1, and Fractional OS3. Port Only, Port+Access (Customer Provided Equipment), and Port+Access+CPE service options are available, Frame Relay service provides a dedicated port connected to a PVC from the customer premises over the BellSouth Frame Relay network to the BMF. Frame Relay Port Only is required to be full Committed Information Rate (CIR), Customers purchasing Port+Access and Port Only Service Options for Frame Relay OS3 and Fractional Frame Relay OS3 must provide Kentrox emulation on customer owned CPE, The Kentrox emulation provides for the "choking" of the 45M when less bandwidth is required (Le., 8M, 9M, 12M). SMARTRing@ service Customers can proVISion Frame Relay OIA (either Porl+Access+CPE or Port+Access Service options) over their existing SMARTRing@ service. The SMARTRing@ service requires a Shared Network Agreement (SNA), The customer must sign SMARTRing SNA and a PLCA if the SMARTRing is from the state tariff, to allow the OIA service to be mapped across the ring, The DIA offer does not include or provide the SMARTRing@ service itself. The use of SMARTRing@ interfaces replaces a portion of the local loop normally associated with the OIA Port+Access+CPE and Port+Access offers, Availability Frame Relay access to OIA service is available in all tier I and II BMF's, Frame Relay OIA can be ordered using tieredlflat rate billing. For Frame Relay OIA services equal to and above 12Mbps, a Service Availability Check (SAC) will be conducted during the pre-sales process to determine if/when facilities are/will be available within the target BMF. Multi-Link Frame Relay DIA (MLFR) MLFR OIA is designed for customers who are not served with fiber access facilities (and therefore cannot receive a OS3 circuit) yet their Internet bandwidth requirements exceed that of a single DS1 circuit, The service provides the customer with a dedicated connection to the Internet in multiple DS1 (1,538 Mbps) increments (3M, 6M and 9M), MLFR Dedicated Internet Access is available with the Port+Access+CPE Service Option and Port +Access+CPE over SMARTRing, Availability MLFR OIA can be ordered using tieredlflat rate billing. Private Line DIA Private line OIA service gives business customers a full-time dedicated connection from their customer premise to the Internet. The customer is connected to the nearest BellSouth Managed Facility (BMF) directly with a private local loop circuit. Port+Access+CPE, Port+Access+CPE over SMARTRing, Port+Access, Port+Access over SMARTRing, and Port Only service options are available with Private Line DIA. Unlike Frame Relay, the Private Line access price is based on mileage from the customer's premise to the BMF. SMARTRing@ service Customers are able to provision Private Line DIA (either Port+Access+CPE or Port+Access Service options) over their existing SMARTRing@ service, The SMARTRing@ service requires a Shared Network Agreement (SNA), The customer must sign the SMARTRingSNA, and a PLCA if the SMARTRing is from the state tariff, to allow BST ISP to purchase interfaces on the ring for the DIA service to ride, This OIA offer does not include or provide the SMARTRing@ service itself, The use of SMARTRing@ interfaces replaces a portion of the local loop normally associated with the OIA Port+Access+CPE and Port+Access offers Availability Private Line service is available in most BMF'so. Private line can be ordered using either the flat rate or burstable billing methodo For Private Line OIA services equal to and above 12Mbps, a Service Availability Check (SAC) will be conducted during the pre-sales process to determine if/when facilities arelwill be available within the target BMFo Metro Ethernet DIA (MetroE DIA) This service will enable customers to connect to the Intemet at various Metro Ethernet speeds, MetroE DIA is available as Port+Access+CPE, Port+Access and Port Only service options, When OIA is used with Metro Ethernet Premium service, packets originating from a particular.Customer are identified by use of a Virtual Local Area Network number (VLAN Tag) that is assigned by BellSouth when the service is provisioned. The VLAN tag is embedded in each ethemet packet received from the Customer and serves to identify the source of the packet to BellSouth. The requirement to identify MetroE OIA Customers by VLAN Tag requires that the data transport service connecting to the BMF conform to the following requirements: 1, The BellSouth Metro Ethernet Service ordered from BellSouth must be Metro Ethernet Premium service equipped with a-Forwarding, a- Forwarding is an optional Metro Ethernet Premium feature that adds support for VLAN tagging to the BellSouth standard Metro Ethernet Premium service. 2, If a Customer already uses a BellSouth Metro Ethernet service that does not include VLAN tagging, (i.e. BellSouth Basic Metro Ethernet service), and one or more of the existing locations desire to add DIA services, then all locations served by that service must be upgraded to the Metro Ethernet Premium service, 3, The CPE equipment effecting the ethernet connection at the Customer Premises to the BellSouth Metro Ethernet service must support VLAN tagging via the 802.1a protocol, (eog. a Cisco 2821 router or equivalent), When a Port+Access of Port Only configuration is ordered, the Customer must provide compatible CPE and configure it according to the VLAN tags that will be assigned by BellSouth during the ME DIA provisioning process. Customers providing their own Metro Ethernet transport to the Port Only Service option must purchase rate elements for Premium Fixed Metro Ethernet speeds 10M, 20M, 50M, 100M, 250M, or 500M, plus any additional mileage charges required to connect the customer premise to the closest equipped Metro Ethernet switch. Central Office, Customer provided routers must be VLAN-tagging capable for Metro Ethernet DIA service, All dedicated, point-to-point transport services used to provide access to the DIA service are provided via the FCC jurisdiction tariffs. CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 10 of 20 CCP-8190 Version: 08/2005 Created On: June 15, 2006 Availability A Service Availability Check (SAC) will be conducted during the pre-sales process to determine if/when facilities are/will be available within the target BMFo A SAC is required for all MetroE DIA orders. Metro Ethemet DIA Service can be ordered using either tieredlflat rate billing, Burstable billing is not available at this time. Asynchronous Transfer Mode (A TM) DIA Asynchronous Transfer Mode (ATM) access method for DIA is designed to meet the requirements for lntemet connectivity for customers who have existing ATM networks. The Port+Access+CPE and Port+Access options are not available for ATM DIA; the customer must obtain their own ATM circuit separately, and BellSouth's DIA service will map an A TM Port Only across that circuit. A TM is only available with Burstable billing. These services require an existing A TM connection from the customer premise over the BellSouth A TM network to the BMF. Availability ATM DIA is available in many BMF's, but must be checked before service order, For ATM DIA services equal to or above 12Mbps. a Service Availability Check (SAC) will be conducted during the pre-sales process to determine if/when facilities arelwill be available within the target BMF. DIA Service Access Suitability Examples Access Best Suited For Frame Relay . Mission Critical file transfers . Connectivity for LANs, WANs, web servers, email servers . Companies looking for scalability . Bursty Data applications Private Line . File transfers where high security is needed . Web servers connectivity with high multi-media content ATM . Customers with existing ATM networks Metro Ethernet . Large file transfers . Non-mission critical applications . Distance Learning 7) DIA Diversity Solutions To better serve some customers' needs, Dedicated Intemet Access (DIA) customers may now purchase a Diversity Solution Product to enhance diversity (redundancy) at specific assignments and attributes for their Internet access. Diverse Solutions are designed for customers who have a need for continuous / fault tolerant Internet Access. While Diversity Solutions wiD increase the likelihood of non-interrupted Internet Access, this product cannot guarantee continuous and non-interrupted 100"/0 Internet Access availability. Diversity Solutions are designed to provide customers with a Primary Access Solution to the Internet that will automatically fail-over to a Secondary Access Solution to the Internet should a trouble on the Primary Service interrupt the customer's connectivity. a) Diversity Options BellSouth Router Diversity Solution provides the customer two distinct DIA circuits achieving Internet connectivity through access to (1) a router in a BMF (BellSouth Managed Facility) in case of the Primary Circuit, and (2) a different router in the same BMF in the case of the Secondary Circuit. Traffic will be routed / managed based on weighted static routes to the same BMF on the Diverse Routers, With this option, there will only be one router located at the customer premise, but the circuit will connect in thru diverse routers at the BMF. BeUSouth Router Diversity Solution provides one router at the customer's location, if purchased in the Port+Access+CPE service type. The customer may provide a second router. Router Primary Router Customer BMF Router Semndary Router Service Types The customer's primary circuit and secondary circuit have to be the same DIA Service Type, It means that both circuits will have to be Port+Access+CPE, Port+Access or Port Only Service Type. Service Speeds The customer's primary circuit and secondary circuit do not have to be the same size; however, it is recommended that the secondary circuit be at least one half the size of the primary circuit. The customer should size the secondary (fail over) circuit so that the secondary circuit is able to send / receive all critical traffic in the event the primary service is down, The Secondary Circuit, in all cases, must be less than or equal to the Primary Circuit, Service Transport Version: 08/2005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 11 of 20 CCP-8190 It is recommended that the customer choose different access types (e.g" Frame Relay and Private Line), rather than both the same access types, to improve the level of diversity from the customer premises to the BMF, Service Level Agreements There is no change to SLAs and Service Level Credits for the following SLAs: Network Availability - target 1 00% for Primary Service and 100% for Secondary Service . Backbone Latency - target 1 00% for Primary Service and 100% for Secondary Service . Packet Loss - target ,5% for the Primary Service and ,5% for the Secondary Service Customers will be evaluated for SLA qualified events on the Primary Service and SLA qualified events on the Secondary Service. SLA Credits will be calculated on each service, Primary Service and I or the Secondary Service and on the billed amount for each service for the month in which the SLA Credit was earned, whether derived by flat or usage billing, The Installation Guarantee SLA will be modified as follows: The identified installation interval for the Primary Service and the Secondary Service will be compared, and the longest installation interval will be used to qualify a customer to receive an Installation SLA. If BellSouth has caused the installation date for the longest installation interval to be missed, and the customer has been charged an installation fee, 100% of the installation fee will be refunded, 8) Features IP Addresses The customer can obtain IP addresses from BellSouth or can obtain their own IP addresses from ARIN. The customer may also bring IP addresses previously used from another service provider's IP address space with the written permission of that provider, ,Although not recommended, a customer may be able to obtain up to 16 Class C address blocks from BellSouth. BellSouth requires the customer to have immediate need for 80% of the addresses requested, and they must be able to justify use of 80% of the addresses at all times, The customer's initial request for addresses occurs during the ordering process. To request additional addresses, the customer should contact the BellSouth Business Intemet Services Management group, who will gather information and evaluate the request. Adequate utilization of any addresses already issued must be documented before additional addresses will be released, Additional details about IP Addressing can be found at the ARIN web site: http://www.arin.neU Domain Name Registration BellSouth offers DIA customers the option of either registering their new domain name directly with InterNIC, or having BellSouth register the domain name for them, BellSouth will register up to three new, single domain names as part of the DIA service for new customers during the installation process, Domain Name Service (DNS) Primary DNS service is an optional offering to DIA customers where alphanumeric domain names are mapped to IP addresses, for ease of use for navigating web sites. Secondary DNS mirrors the information located on the primary DNS server, and acts as a backup source of addresses in the event the primary server is unreachable WebStats Web Stats is a Web based customer network reporting feature that allows customer to monitor their historical network usage statistics online, This provides an excellent opportunity for customers to visualize the usage and performance of their Intemet connection, Web Stats are offered as part of the standard service for all Frame Relay, Frame Relay MLFR, Metro Ethernet, and Private Line DIA customers, Customers can access statistical information regarding their Internet connection, Network samples are taken every five to fifteen minutes by the network statistics system and rolled up each night to create daily, weekly and monthly reportso These reports are then hosted on a web site (hllo:/lwebstats.BeIlSouth.netlmns/) for the customer to viewo Intelligent PVC (IPVC) Intelligent PVCs are Frame Relay PVCs that continuously monitor the customer network primary links. If the connectivity from the BellSouth network to the BMF's primary router fails, the PVC will detect the failure, Within 6 to 60 seconds, the Intelligent PVC will detect the outage and automatically reroute service to the secondary router, Once the primary router starts working again, the Intelligent PVC will automatically reroute traffic back to the primary router, The Intelligent PVC Optional Feature does not guarantee 100% Internet availability to the customer, Intelligent PVC, optional feature, will benefit customers by: . Provides the customer with BMF router diversity for Internet access . Eliminates added expense of provisioning two local access loops Provides more uptime without a disruption of service Network Address Translation (NAT) NAT, an optional feature for DIA Port+Access+CPE Services except Port+Access+CPE Diverse Solutions, enables a customer's private network (non- registered IP addresses) to translate into publiC address space and connect to the Internet. NAT tables are defined within the Customer's Premises Router, NAT benefrts customers by: Version: 0812005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 12 of 20 CCP-8190 . Providing some additional security by limiting intemal address exposure to the global Internet (specifically, user PCs will not be reachable inbound from the Internet, only statically NATed hosts will be reachable from the Internet), Allowing for addressing efficiencies and, Conserving IP addresses Two NAT Models are offered: . Static Address Translation - Customer may establish a many-to-one mapping between local and global address, or Customer may configure Static address translations to the port level, using remaining IP addresses for other translations. In this scenario, only the customer's Hosts are mapped and "reachable" from the Intemet; the Hosts then communicate with the customer's internal network (PCs), . Port Address Translation (PAT) - (also known as 'overload") Customer may map several internal addresses to one. When using PAT, traffic will attempt to engage the original source port; if the source port is fully utilized, PAT will cause the traffic to find the first available port. (same as above) Customers will be limited to the number of IP address on their LAN with NAT translation to a /24 block (254 usable addresses), A customer may request additionallP addresses with NAT translation, Note: The Network Address Translation feature is not supported for DIA Diversity Solutions. Cisco 10S NAT cannot be used with Hot Standby Routing Protocol (HSRP), In DIA Diversity Solutions, HSRP is used in the Customer Premises Equipment (CPE) to allow a fail-<lver to the secondary CPE router in the event the primary router fails. Packet Filtering With Packet Filtering, BellSouth provides an optional router filter service to all DIA customers. These router filters are configured on the termination router and are generally used to help prevent unwanted traffic from entering or leaving the customer's private network, DIA 105 Firewall Dedicated Intemet Access Firewall Service (DIA Firewall) is a security-specific offer providing new and existing "Port+Access+CPE" DIA Service customers an option to outsource managed security services for network protection and defense against attacks, Security is enabled through an advanced firewall engine with state-of-the-art security features including packet inspection, application-based filtering (context-based access control), per user authentication and authorization, and real-time alerts. For Port+Access DIA customers, the DIA Firewall service is provided through the installation of a certified firewall platform at the customer's premise(s) with remote configuration, management, monitoring, and maintenance from BellSouth's Security Operations Center (SOC). DIA Firewall includes: . Provisioning of a certified firewall platform . Installation and configuration (remote) of the firewall platform . 24X7 management and monitoring . Firewall administration and maintenance . 24X7 help desk support . Outbound, Inbound/Outbound, or Inbound/Outbound with DMZ directional traffic protection . Implementation of firewall rules-base changes (per level of service) requested by customer There are three DIA Firewall levels of service available to customers, 1. Basic Firewall a. Internet protection b. Supports Fractional T1 up to DS3 access speeds c, Choice of 0, 1,2,3,4, or 5 rule-base change requests per year 2. Advanced Firewall a. Bi-Directional protection b. Supports Fractional T1 up to DS3 access speeds c, Choice of 3, 6, 9, 12, 15, or 25 rule-base change requests per year (customer rule-base change requests greater than 25 requires an SRF) d. Choice of up to 10 IP Addresses assigned for hosted servers per year (customer requests for IP Addresses greater than 10 requires an SRF) The diagram below represents the conceptual overview for Basic and Advanced DIA Firewall: ~ @e0@ Service Internet BellSouth Managed Facility 1*'1,,_ ......1 Customer Premises Equipment 3. Premium Firewall a. Bi-Directional protection, with DMZ b. Supports Fractional T1 up to DS3 access speeds c. Choice of 3, 6, 9, 12, 15, or 25 rule-base change requests per year (customer rule-base change requests greater than 25 requires an SRF) d. Choice of up to 10 IP Addresses assigned for hosted servers per year (customer requests for IP Addresses greater than 10 requires an SRF) Version: 0812005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 13 of 20 CCP.8190 The diagram below represents the conceptual overview for Premium DIA Firewall with DMZ: t:::::::::...:::J Customer Premises Equipment Cisco 108 FlrewaU DIA 10S Firewall will follow the same Customer Support processes defined for DIA, The Welcome letter sent to each customer provides additional details about DIA 10S Monitoring and Management 10) Professional Services 1. Additional Fees. From time to time, customers may request services that are beyond the scope of the standard service offering, These services range from, but are not limited to, service expedites, non-business hour installs (Le, Saturday, Sunday, holiday or evenings from 5:00 P.M, to 8:30 A,M, the next day), LANIWAN design and troubleshooting, application troubleshooting, router configuration services etco When feasible, BellSouth may assist the customer in fulfilling these requests on a fee for service arrangement in accordance with our standard Professional Service Fees, BellSouth's hourly billing rates for Professional Services range between $125 and $250 per hour depending on the type and scope of worko The customer may also be required to pay additional fees to cover the amount of additional costs incurred by BellSouth resulting from the customer's special requests. Such costs may include, but are not limited to, equipment and expedited shipping charges, 2, Charaes, If charges apply for additional services requested by the customer, they will be disclosed to the customer via verbal or written notification prior to performing any work, As necessary, a statement of work may also be provided defining the services and deliverables to the customer, 11) Service Level Agreements (SLAs) 10 General. BellSouth intends to provide its services such that the Services will perform in a manner consistent with the objectives set forth in this document. If BellSouth fails to perform its services such that any of the following SLAs are not met, the sole obligation of BellSouth and the Customer's sole remedies shall be for BellSouth to use commercially reasonable efforts to effectuate a repair of the Services and for BellSouth to provide the credits, if any, specified below, 2. Network Availabilitv, (a) "Network Availability" is the percentage of total minutes during a calendar month that the Services are available to the Customer. Network Availability is calculated as follows: Network Availability [(Minutes in a month) - (Total outaae minutes)] (Minutes in a month) The Services shall be deemed to be "unavailable" whenever an outage is recorded on a BellSouth trouble ticket classified as "major" or "critical" by BellSouth's Network Operations Center which results in Customer not having the ability to transmit or receive packets by means of the Services, and "Total Outage Minutes" shall be deemed to be the length of time during which the Services are unavailable to the Customer, as reflected on such trouble tickets. "Total outage minutes' shall not include any outages (I) occurring during scheduled maintenance activities; (ii) attributable to any act or omission of Customer; (iii) attributable to Customer's applications, equipment or facilities; (iv) resulting from reasons of Force Majeure or other causes beyond the reasonable control of BellSouth; or (iv) lasting ten minutes or less. (b) The objective for Network Availability is 100%. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 1/30th of the monthly recurring charges for the affected Services (Le" the portion(s) of the Services directly made unavailable as a result of the outage(s) in question) for each cumulative hour or portion thereof during which such Services are unavailable to the Customer (subject to the limitations set forth herein). Unavailability and credits will be prorated and paid in 15-minute increments, 3, Mean Time to Reoair, "Mean Time to Repair" is the monthly average time over any calendar month it takes for BellSouth to resolve any outage problem classified as "major" or 'critical" by BellSouth's Network Operations Center. Mean Time to Repair is calculated as follows: Mean Time to Repair = Total outaae minutes Total outage occurrences The objective for Mean Time to Repair is not to exceed four (4) hours. This objective will be measured and reported but the Customer will not receive a credit if the objective is not met. 4. Installation Date, (a) "Installation Date' is the actual date that the Services are made available to the Customer, The Installation Date shall not be deemed missed due to installation delays attributable to (i) reasons of Force Majeure ex other causes beyond the reasonable control of BellSouth; or (ii) Customer's applications, equipment or facilities. All expedited installation requests do not qualify for this installation SLA. Version: 08/2005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 14 of 20 CCP-8190 ~~() Mynn RA YRPArr-r rnM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager ~ Amanda Solomon, Telecommunications Systems Manager ~f>bert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting June 20th, 2006 Approval of BellSouth Services Master Agreements for Dedicated Internet Access for City Facilities and the Police Department For a 36 Month Term FROM: THRU: SUBJECT: DATE: June 14th, 2006 ACTION: City Commission is asked to approve two (2) thirty-six month agreements with BellSouth for a Dedicated Internet Service solution for both City Hall and the Police Department in the amount of $15,600 annually for City Hall and $7,800 annually for the Police Department. Funding is available in account numbers 001-2113-521-41.10 and 001-1811-513-41.20. BACKGROUND: The Police firewall connections are currently intermixed with City Hall firewall connections for various forms of network connectivity including the Internet. These connections have taxed the City firewall to its maximum usage, hindering police security. The police need data to be transmitted in a secure fashion to and from the various sources on the Internet. A separate II Internet connection would assure that only Police data would travel through their internal network to TeleStaff, PocketCop, Edge and VPN from other municipalities. With a separate T1 connection, current applications will function in a secure manner while providing the ability to respond to a pattern of increased growth in applications and network connectivity. Also this will allow IT to add security modules without bringing down City Hall operations. Our current T-1 in City Hall is at its maximum level and the speed is slowing down with the additional demands needed by applications. This is due to the increase of internet traffic for various reasons as requested by departments and normal business demand. The demands are Web Applications such as Exchange Mail, Blackberry, video streaming for web seminars and online training for certifications. IT monitors the line with our firewalls, content control, 8\\f\ :s virus and spam filtering. Vendors help support some of our applications via the Internet. The additional upgrade to two (2) bonded T-1's will greatly increase our through put speeds and allow for future growth. In addition, with the growth in the City of Delray Beach and the multiple locations throughout the City that are now accessing the City's Network and internet via the fiber connections that have been installed, we have seen a tremendous drop in the bandwidth. With the recommended Multi-link Frame Relay with a port speed of 2xT1 (3 Mbps) we are not only increasing our bandwidth, but we will have a redundant circuit in the event of one the circuits going down. RECOMMENDATION: Staff recommends approval of the proposed agreements with BellSouth in the amount of $7,800.00 for the Police Department and $15,600.00 for City Hall and other outside facilities annually with funding to come from accounts 001-2113-521-41.10 for the Police Department and account 001- 1811-513-41.20 for City Hall. ags File: AllenlProjects Doc: T -I Internet Circuits 2006 (b) The objective for the Installation Date is to be on or before the target date committed to by BellSouth, as reflected on BellSouth's service management records. For any inslallation for which the objective is not met (other than for the reasons set forth above) Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 100% of the installation charges (if any) otherwise payable by the Customer for the Services, 50 Latency. (a) "Average Latency" is the monthly average round-trip latency of designated portions of BellSouth's network, determined by measuring round-trip network responses over such portions of the network as determined by BellSouth. The objective for Average Latency is to not be greater than 55 milliseconds. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Services. Network delay will not be considered for purposes of Average Latency, and Service credits will not be available to Customer, in cases where the Services are delayed as a result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of testing equipment, applications or systems; (iii) circumstances or causes beyond the control of BellSouth, including instances of Force Majeure; or (iv) scheduled service maintenance, alteration, or implementation. Such credits will be granted only if Customer affords BellSouth full and free access to Customer's equipment to perform necessary testing, troubleshooting or related activities. 6. Packet Loss, (a) 'Average Packet Loss' is the monthly average round-trip packet loss of designated portions of BellSouth's network, determined by measuring round-trip network responses over such portions of the network as determined by BellSouth, The objective for Average Packet Loss is to not be greater than 005%. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 1/30th of the monthly recurring charges for the Services. Packet loss will not be considered for purposes of Average Packet Loss, and Service credits will not be available to Customer, in cases where packets are lost as a result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of testing equipment, applications or systems; (iii) circumstances or causes beyond the control of BeUSouth, including instances of Force Majeure; or (iv) scheduled service maintenance, alteration, or implementation, Such credits will be granted only if Customer affords BellSouth full and free access to Customer's equipment to perform necessary testing, troubleshooting or related activities, Other Terms and Conditions Customer should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA objective was missed. If Customer believes a credit should have been applied but was not, Customer must request credits within 120 days after the date of the report from BellSouth giving notice that an SLA objective was missed and that a credit is being issued, The total credits payable for SLA objectives (other than the Installation Date SLA) missed during anyone-month period shall not exceed the total monthly recurring charges for the Services in that month. 7, Force Maieure Force Majeure is defined as including war, riots, embargoes, strikes, or other concerted acts of workers (whether BellSouth's or others), casualties or accidents, malicious or criminal acts of third parties, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services), Version: 08/2005 Created On: June 15, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 15 of 20 CCP-8190 @ 8EllSOUTH Addendum to Master Contract for City of Oelray Beach PO BellSouth Business Services Master Agreement # CPG-8182 Quote # BBS060227153209 Term The undersigned Customer hereby orders from BellSouth Business Systems, Inc on behalf of BellSouth Telecommunications, Inc. ("Bell South"} the BellSouth Business Services of the type, at the location and for the prices and term specified in this Addendum and its related Addendum Detail Form(s} (collectively, this "Addendum"). BellSouth Business Service is provided, and this Addendum is submitted, subject to and in accordance with BellSouth Business Services Master Agreement, and all applicable acceptable use policies. This Addendum is valid only when accepted by an authorized representative of BellSouth. The term of the Service begins upon completion of installation and activation by BellSouth, unless terminated earlier as set forth herein or in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. This Contract shall be extended for additional one year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Contract at least sixty (60) days prior to the expiration of the initial term or each additional one- year term. Additional Terms and Conditions 1. Pre-qualification does not guarantee service availability at the installation location. Although Customer's line pre-qualified for Service there are circumstances beyond BellSouth's control that may result in Customer's inability to receive this Service. Some of these limitations are not detectable until BellSouth's installers are at Customer's location and attempt installation of the Service. If it is determined that BellSouth is unable to install this Service, Customer will not incur any charges associated with the attempted provisioning of Service for the affected location(s}. 2. If Customer cancels its Services or any portion thereof, or has its Services or any portion thereof terminated pursuant to Section 12(a} or 12(b} of the BellSouth Business Services Master Agreement, prior to the expiration of the minimum term selected herein, Customer shall be obligated to pay BellSouth a termination charge equal to 50% of the total monthly charges (other than variable usage charges) that would have become due for the remainder of the scheduled minimum term if such termination had not occurred. Such termination charge shall be paid to BellSouth within thirty (30) days after such cancellation. 3. If Customer cancels installation of the Services, or part of a service order, before the installation due date, Customer shall be obligated to pay BellSouth cancellation charges equal to 50% of all the standard nonrecurring charges associated with the order, or that part of the order being cancelled. 4. Customer may incur additional charges in the event BellSouth has to build out additional facilities in Addendum to provision Customer's Services. Customer will be notified of such additional charges and may terminate the Services without incurring cancellation charges. 5. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The Parties agree that a facsimile or electronic transmission of each Party's signature to this Addendum and Orders hereunder will be deemed an original and the best evidence thereof for all purposes, including, without limitation, all evidentiary purposes before any arbitrator, court or other adjudicatory authority. 6. CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ADDENDUM, INCLUDING THE APPLICABLE ADDENDUM DETAIL FORM (S) AND THE BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT AND RATE SCHEDULES, AND ALL APPLICABLE ACCEPTABLE USE POLICIES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, AGREEMENTS, PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE SERVICES LISTED OR DESCRIBED ON THIS ADDENDUM AND SHALL PREVAIL OVER ANY ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ADDENDUM, INVOICE, ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 1212005 Page 16 of 20 Customer Initials: Created On: June 15. 2006 CCP-8190 Date: ACCEPTANCE OF ANY ADDENDUM BY BELLSOUTH IS SUBJECT TO BElLSOUTH CREDIT AND OTHER APPROVALS. FOllOWING ADDENDUM ACCEPTANCE, IF IT IS DETERMINED THAT THE INITIAL CREDIT APPROVAL WAS BASED ON INACCURATE OR INCOMPLETE INFORMATION, BELLSOUTH IN ITS SOLE DISCRETION RESERVES THE RIGHT TO CANCEL THE ADDENDUM WITHOUT LIABILITY OR SUSPEND THE ADDENDUM UNTil ACCURATE AND APPROPRIATE CREDIT APPROVAL REQUIREMENTS ARE ESTABLISHED AND ACCEPTED BY CUSTOMER. CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 1212005 Page 17 of 20 Customer In~ials: Created On: June 15, 2006 CCP-8190 Date: Summary Dedicated Internet Access Components purchased: Site-to-Site locations: 1 Customer will pay to BellSouth all charges billed pursuant to the Contract. Charges are as set forth below. Charges Incorporation with Master Contract The Terms and Conditions of this addendum are added to, and become, integral parts of Master Agreement CPG-8182 and are fully incorporated herein by this reference. I acknowledge that I have received and read the BellSouth@ Dedicated Internet Access Service Description Customer Initials and Date IN WITNESS WHEREOF, the Company and Customer have caused thlsAddendum to be executed and delivered by their duly authorized representatives, effective upon execution by Customer and acceptance by the Company. Acknowledgement Customer: City of Oelray Beach PO By: Accepted by BellSouth Business Systems, Inc. On behalf of BellSouth Telecommunications, Inc. By: Name: Jeff Perlman (Authorized Signature) Name: Kenneth Lewis or Jacob A. Granger Title: Director - Contract Management or Manager - Tactical Pricing Title: Mayor Date: Date: CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 1212005 Page 18 of 20 Customer Initials: Created On: June 15. 2006 CCP-8190 Date: Dedicated Internet Access Charges for Primary Circuit Location # 1 Site Name: City of Oelray Beach PO Site Address: 300 West Atlantic Delray Beach FL 33444- Frame Relay Tiered Pricing Service Package: Port + Access + CPE Port Speed: 1536 Kbps Contract Term: 36 Months Site Total: Install Charge . MonthlyChar.ge" $0.00 $650.00 . . .. ${)5d,oO:i~ CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 12/2605 Page 19 of 20 Customer Initials: Created On: June 15, 2006 CCP.8190 Date: @ BELLSOUTH Tips for Successful Installation You will be contacted shortly by a Provisioning Engineer to go over all the technical things that have to be in place at your site before your service can be operational. Please notify BellSouth immediately if you need to make any changes, as changes may inhibit or delay your service implementation, At the time of installation, BellSouth provides two hours of complementary technical support. This free Network Engineering assistance will help make sure your configuration is compatible with your new BellSouth Service, If you do need additional assistance, BellSouth provides professional services at the rate of $125-$200 per hour. One important thing to note: If you are going to miss your scheduled installation (turn-up), you must notify your Service Specialist at least 24 hours in advance. BellSouth begins billing on the date of your scheduled turn-up whether the service is activated or not. To avoid paying for service that isn't up and running, make sure you keep track of your installation date and advise us in time if there is going to be a problem hitting that date. Here is a quick checklist of requirements for the Dedicated Internet Access (DIA) product that you ordered. Look it over and talk to your Service Specialist about anything that is unclear or may present a problem. . Make sure your technical personnel are available on premise for each scheduled stage of service installation. You can coordinate this with your Service Specialist. . On installation day, make sure the premise contact for your company has your vendor hardware documentation available to research any possible hardware/software configuration problems. (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) . Check that your router, CSUlDSU equipment is in place. (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) . If you are providing a router, make sure it is configured and ready for operation of your DIA service 24-48 hours prior to your targeted installation date. · Ensure your transceiver is compatible to interface between your LAN/HOST and the BellSouth provided router. If you need one, check with local area communications or computer retail stores, (Only applies to Packaged customers, all others will be handling the complete router configurations for themselves.) · Have your computers, LAN, Servers and other equipment installed and ready to connect before the installation date. Your DIA will install whether you have this equipment in place or not and your billing will begin once the BellSouth installation is complete. . If you installed your own CSUlDSU equipment, call the BellSouth Telecommunications office to have the circuit tested before the scheduled installation date. (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) · If you would like to use IP addresses already assigned to your company, send an e-mail to your Provisioning Engineer listing those addresses. BellSouth will verify the usability of your addresses for the DIA connection. There is a lot involved in getting ready for the installation. If you have any questions or problems with the process, contact your Service Specialist to iron them out immediately. We want your DIA service and installation to be a positive experience! Customer Information: City of Delray Beach PD 300 West Atlantic Aveneue Delray Beach, FL 33444 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 07/2005 Page 20 of 20 Created On: June 15, 2006 CCP.8190 @ 8E....SOUTH BLS Master Agreement CPG.9773 BellSouth @ Business Services Master Agreement This BellSouth@ Business Services Master Agreement (this "Agreement") is made and entered into as of , 2006, by and between the undersigned BellSouth Company ("BeIlSouth"), located at 2180 lake Boulevard, 7th Floor, Atlanta, Georgia 30319, Attention: Director - Contract Management (the "BellSouth Contact"); and the undersigned company, City of Delray Beach (hereinafter, "Customer") located at 100 NW First Avenue, Delray Beach, Fl 33444-, Attention:Jeff Perlman (the "Customer Contact"). BellSouth and Customer may hereinafter be referred to individually as a "Party" or collectively as the "Parties." These terms and conditions ("Terms") govem the provision by BellSouth Telecommunications, Inc, or BellSouth MNS, Inc. ("BeIlSouth') and the use by the customer ("Customer") of the BellSouth@ Business Services family of Intemet-related and managed services, including but not limited to, all dial-up and dedicated Internet access services, web hostingo managed equipment services, managed network services, and Network VPN, including any BellSouth-provided equipment or software (referred to separately herein as "Equipmenf and "Software," respectively) located on Customer's premises or at Customer's location(s) for use in connection with such services and including any network consulting, design, monitoring, management, maintenance, or other services that may be provided in connection with Customer-supplied networks or equipment as part of the BellSouth Business Services (collectively referred to herein as the "Services"). References in these Terms to "Customer" include individuals authorized by Customer to use the Services, except where the context clearly requires otherwise. By ordering and using the Services or any portion thereof, Customer agrees as follows: 1. The Services, BellSouth will operate the Services in accordance with its standard policies and procedures and applicable Service Descriptions, incorporated herein by reference, and as described in further detail in the ordering document(s) ("Orders") submitted by Customer and accepted by BellSouth, BellSouth shall have the right to access Customer's Services for the purpose of performing such repairs or reconfiguration or confirming Customer's compliance with its obligations with respect to the Services. 2. Term, Customer's agreement for the use of the Services will be in effect from the date of installation and activation of Customer's Service ordered under the applicable Order and, unless terminated earlier as set forth herein, shall continue thereafter for the minimum term, if any, set forth in such Order, The term of each subsequent Order for the same type Service shall be co-terminous with the initial Order for the same type Service, unless otherwise provided for in such subsequent Order. This Agreement shall be extended for additional one-year terms under the same terms and conditions herein unless either Party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. 3, Rates and Charges, The rates and charges payable by Customer for the Services shall be as set forth in the Customer's Order(s) that have been accepted by BellSouth. If Customer has elected a minimum term for the Services in its Order then the rates for the Services in effect at the time of the Order shall remain in effect for the duration of such minimum term (unless otherwise provided in such Order). If no minimum term is specified in such Order, or if a Party provides notice pursuant to Section 2 that it does not intend to renew the Agreement and Services continue beyond the minimum term, the Services will be provided on a month-te-month basis at the then prevailing month-te-month rates for the Services until either Party gives the other at least thirty (30) days written notice of termination of the Services. Customer will be invoiced monthly for usage of the Serviceso BellSouth must receive payment by the date stated on the invoice, Unless otherwise provided in an Order, attachment, or addendum, all charges are exclusive of applicable federal, state or local taxes, and fees, Customer will payor reimburse BellSouth for any and all sales and use taxes, duties, or levies imposed or permitted by any authority, government, or government agency (other than taxes levied on BellSouth's net income) in connection with Customer's usage of the Services. If any payment due hereunder is not made within the date stated on the invoice, any late paymenUinterest charges computed at one and one-half percent (1 1/2%) per month, or the highest amount permitted by applicable law, whichever is less, shall be due and payable with respect to such payment. 40 Equipment. If provision of the Services requires the placement by BellSouth of Equipment at Customer's location, Customer shall provide (or make arrangements to provide) adequate space and a reasonable installation and operating environment for such Equipment, including electrical power, at no charge to BellSouth, Customer shall provide access to such Equipment by BellSouth and its representatives for the purpose of repairing, replacing, maintaining or otherwise using or servicing the Equipment and for removing the Equipment upon termination of the Services, All such Equipment shall remain the property of BellSouth or its suppliers, and no right, title, or interest in the Equipment shall pass to Customer, Customer agrees that the Equipment is and shall remain personal property even though it may become attached to realty, Customer shall not sell, assign, sublet, or otherwise encumber or allow a lien or claim upon or against the Equipment by any action of Customer or any party claiming by, through, or under Customer. Customer shall not move the Equipment from its place of installation or make, or permit any other party to make, any repairs or alterations to any Equipment without BellSouth's prior written consent. Customer shall be responsible for the cost of repairing or replacing any Equipment lost, stolen or damaged while at Customer's premises and for returning (I.e., permitting BellSouth to recover possession of) all Equipment in the same condition as when installed at Customer's premises (reasonable wear and tear excepted) upon termination of the Services for any reason. 5. Other Services and Software, The Services may include dedicated or dial-up Intemet Protocol connectivity to BellSouth's local Internet networks and to the global Internet, as well as access or connectivity to any of the information sources or services that may be provided by BeUSouth or be available from other service providers participating in, connected to or accessible through BellSouth's Services or the global Internet but which are not part of the Services being purchased hereunder, Separate charges may be applicable to some of these additional services and may appear on Customer's bill from BellSouth, or they may be billed to Customer separately by the providers of such services. A third party Global Service Provider (GSP) provides a roaming capability in conjunction with dial-up Bellsouth Business Internet Services that allows users (subject to any applicable roaming surcharge) to dial the local numbers of GSP-provided POPs to reach the BellSouth Business Internet Service while outside of the BellSouth Business Internet service areas. If Customer or its users elect to use such GSP local access (or Customer purchases a service plan which has such GSP local access included in the price), Customer will be charged by the GSP and may see a separate charge for such service on its bill. Such GSP local access service is provided by the GSP on the GSP's terms and conditions and at the prices or surcharges set forth in the applicable Customer's Order. Use by Customer and any individual authorized users of Customer of BellSouth's other services and any browser or other Software provided by BellSouth shall be subject to BellSouth's standard terms and conditions for such services as well as the applicable software license terms that are provided with such Software. 6. Customer's Responsibilities. (a) As between Customer and BellSouth, Customer is responsible for (i) assuring that its authorized users comply with the provisions of these Terms and that unauthorized persons do not gain access to or use the Services through user names, passwords, or other identifiers assigned to Customer pursuant to these Terms; (ii) providing any equipment and software that may be necessary for the use of the Services by Customer (in addition to any Version: 12/2005 Created On: June 140 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 1 of 19 Customer Initials: CCP-l0828 Date: Equipment and Software that may be placed at Customer's location(s) or otherwise provided or used by BellSouth for its provision of the Services); (iii) timely payment of all charges for usage of the Services applicable to its account whether or not by authorized users or for authorized purposes; and (iv) performing its other obligations under these Terms, Customer shall not use the Services in any way that would be or would assist any third party to be in violation of any law, these Terms, or any Acceptable Use Policy applicable to the Services, Customer shall not transmit or publish on or over the Services any informationo software, or other content that violates or infringes upon the rights of any others or use the facilities and capabilities of the Services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Customer shall comply with all applicable laws, rules, and regulations in connection with the Services, (b) Customer shall provide such information and assistance as are reasonably requested by BellSouth for purposes of facilitating BellSouth's provision of Services to Customer. 7. Limitation and Disclaimer of Warranties, NEITHER BELLSOUTH NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED, 80 Limitation and Disclaimer of Liability, (a) BellSouth shall not be responsible for any use of the Services by Customer, its authorized users, or any third party. Without limiting the generality of the foregoing, BellSouth shall not be liable to Customer or any of Customer's users for any lost profits or other consequential damages, even if BelISouth has been advised of the possibility of such damages; any claim or other action against Customer by any third party (except as set forth in the section below on infringement); any act or omission of any other entity furnishing products and services that are used by Customer in connection with the Services or for failure of any products or services provided by Customer; or any damages or losses caused by the fault or negligence of Customer or Customer's failure to perform Customer's responsibilities. (b) NEITHER CUSTOMER NOR BELLSOUTH OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE, INDIRECT OR SPECIAL DAMAGES SUFFERED BY THE OTHER OR ANY OTHER PARTY, NOR SHALL BELLSOUTH HAVE ANY LIABILITY FOR LOST PROFITS, LOSS OF USE, OR TOLL FRAUD SUFFERED BY CUSTOMER OR ANY OTHER PARTY, AS A RESULT OF THIS AGREEMENT OR EITHER PARTY'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE, CUSTOMER AGREES THAT CUSTOMER WILL NOT IN ANY WAY HOLD BELLSOUTH RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE, (c) In the event that a court should hold that the limitations of liabilities or remedies available as set forth in these Terms, or any portions thereof, are unenforceable for any reason, or that any of Customer's remedies under these Terms fail of their essential purpose, Customer expressly agrees that under no circumstances shall BellSouth's total liability to Customer or any party claiming by, through or under Customer for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by Customer for use of the Services during the twelve-month period preceding the date such claim first arose, 9, Remedies of Customer, Customer's sole remedy for any failure or non-performance of the Services (including any associated Equipment, Software or other materials supplied in connection with the Services) shall be (i) for BellSouth to use commercially reasonable efforts to effectuate an adjustment or repair of the Services and, in the event such failure or non-performance results in Service downtime that exceeds the period of time specified in the applicable service level agreement portion (if any) of any applicable Order or Service Description, to receive a refund or credit of or against any charges otherwise payable for the Services for the period of service downtime as provided for in the applicable service level agreement portion (if any) of any applicable Order or Service Description, or (ii) if such failure or non-performance results in Service downtime or degradation so substantial as to render the Service essentially unavailable to or unusable by Customer for normal use, to terminate the Services for default by BellSouth in the manner provided in these Terms, Unless specified to the contrary in any applicable service level agreement portion of any applicable Order or Service Description, the maximum credit for service downtime or other failure shall not exceed the total monthly bill to the Customer for the Services for the month in which such downtime or failure occurs. 10. Indemnification. 10,1 To the extent that any Service furnished under this Master Agreement infringes any United States patent, trademark, copyright, or trade secret and a written claim is made or suit is brought by any third party against Customer on that account, BellSouth agrees to defend or settle any such claim or suit at BellSouth's expense. BellSouth will also pay all damages and costs that by final judgment are assessed against Customer attributable to such infringement. 10,2 BellSouth's obligation as set forth in this Section is expressly conditioned upon the following: (a) that BellSouth shall be notified promptly in writing by Customer of any claim or suit of which Customer is aware; (b) that BellSouth shall have sole control of the defense or settlement of any claim or suit and that Customer shall not make any compromise, admission of liability or settlement or take any other action impairing the defense of such claim without BellSouth's prior written approval; (c) that Customer shall cooperate with BellSouth in all reasonable ways to facilitate the investigation, settlement or defense of any claim or suit; and (d) that the claim or suit does not arise from Customer modifications, or from combinations of Services provided by BellSouth with equipment, software or services provided by Customer or others, or from Customer's use of Services other than in accordance with the applicable manufacturer's specifications. 10,3 If any Service becomes, or in BellSouth's opinion, is likely to become the subject of a claim of infringement, or a final injunction is obtained against Customer prohibiting usage of the Service by reason of such infringement, BellSouth will, at its option: (a) procure for Customer the right to continue using the applicable Service; (b) replace the Service with a non-infringing Service substantially complying with the specifications of the Services: or (c) modify such Service so it becomes non-infringing and performs in a substantially similar manner to the original Service. 10.4 If options 10,3(a), (b) or (c) above are not reasonably available to BellSouth, then BellSouth may elect instead to return any amounts prepaid by Customer for the affected Service for any period after BellSouth directs Customer to cease such use, which is in either case the subject or potential subject of an infringement claim, as then depreciated based on Customer's depreciation schedule used for federal income tax reporting purposes, 1005 The foregoing states the entire obligation of BellSouth, and the exclusive remedy of Customer, with respect to infringement of proprietary rights, The foregoing is given to Customer solely for its benefit and is in lieu of, and BellSouth disclaims all warranties of noninfringement with respect to the Service. 10,6 If promptly notified in writing of any action brought against BellSouth, due to claims for infringement of United States patents. copyright, trademark, or other intellectual property rights, or due to any other claims or causes of action by third parties of any nature whatsoever, arising from the use, in connection with the Services, of equipment, software or information not provided by BellSouth, or otherwise relating to or arising out of Customer's use of the Services, Customer will defend that action at its expense and will pay any and all fees, costs or damages that may be finally awarded in that action Version: 12/2005 Created On: June 14, 2006 CONFIDENTlAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 2 of 19 Customer Initials: CCP-10828 Date: or a settlement resulting from it provided that (i) BellSouth shall permit Customer to control the defense of such action and shall not make any compromise, admission of liability or settlement or take any other action impairing the defense of such claim without Customer's prior written approval and (ii) BellSouth shall cooperate with Customer in all reasonable ways to facilitate the settlement or defense of any claim or suit. 11. Force Majeure. BellSouth shall not be responsible for any delay or failure in delivery or performance of any of its duties hereunder due to acts of God, acts or omissions of any network or any other occurrence commonly known as force majeure, including war, riots, acts of terrorism, embargoes, strikes, or other concerted acts of workers, casualties or accidents, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing that prevent or hinder the delivery of the Serviceso BellSouth may cancel or delay performance hereunder for so long as such performance is delayed by such occurrence or occurrences, and in such event BellSouth shall have no liability to Customer. 12, Termination and Default, (a) BellSouth may, at its sole discretion, terminate any Customer Order and discontinue Customer's access to and use of the Services, if (i) Customer fails to pay any amount within ten (10) days after written notice that the same is delinquent; or (ii) Customer breaches any of the material terms, conditions, obligations, or representations contained in these Terms, except for applicable Acceptable Use Policies, and does not cure such breach within thirty (30) days of notice of such breach; or (iii) Customer becomes the subject of a voluntary or involuntary bankruptcy, insolvency, reorganization, or liquidation proceeding, makes an assignment for the benefit of creditors, or admits in writing its inability to pay debts when due, or (iv) Customer's equipment or use of the Services interferes with the Services or any other user. Although BellSouth reserves the right to immediately suspend or terminate Service in the event of repeated or flagrant violations of its Acceptable Use Policy, incorporated herein by reference, BeJlSouth's preferred course of action under this Section 12(a)(iv) is to allow Customer an opportunity to cease such interference before Service termination occurs, In addition, if BellSouth reasonably determines that the continuation of the Services has become impractical or unfeasible for any technical, legal, regulatory, or other reason, BellSouth may terminate the Services with at least thirty (30) days prior notice if reasonably practical, in which event Customer shall not be liable for termination charges, (b) If Customer has elected a minimum term for the Services and then cancels its Services or any portion thereof, or has its Services or any portion thereof terminated as provided above, prior to the expiration of such minimum term, Customer shall be obligated to pay BellSouth a termination charge equal to the amount (if any) specified in the applicable Order; otherwise the termination charge shall be equal to fifty percent (50%) of the total monthly charges (other than variable usage charges) that would have become due for the remainder of the scheduled minimum term if such cancellation had not occurred, In addition, if such termination occurs within the first year of the minimum term, Customer must also pay any waived nonrecurring charges. Such termination charge shall be paid to BellSouth within thirty (30) days after such cancellation by Customer. (c) If BellSouth breaches any of these material Terms and fails to cure such breach within thirty (30) days after written notice of such breach, Customer may (as its sole remedy except for any credits that may be payable for downtime as provided elsewhere herein) terminate its Services by written notice to BellSouth, without obligation for any early termination charges otherwise payable hereunder. 13, Use of Materials, Marks and Information, (a) Customer may use, copy and distribute the materials found on the Services for internal, noncommercial, informational purposes only. Except as authorized in this paragraph, Customer is not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein, All such rights are retained by BellSouth, its applicable affiliates or any third party owner of such rights, Customer shall have no ownership or property rights in the Services or in any documentation provided in connection with the Services, Customer may make copies of such documentation solely for use in connection with its authorized use of the Services, and all such copies shall include all copyright, trademark and other proprietary notices appearing in the original documentation, Upon the termination of the Services to Customer, Customer shall retum all copies of the documentation to BellSouth or certify destruction of such documentation, (b) The company names and logos and all related product and service names, design marks and slogans of each Party are the property of the respective Party or its affiliates. Neither Party is authorized to and shall not use any name or mark of the other Party in any advertising, publicity or in any other commercial manner without the prior written consent of the other Party. (c) All product and service marks contained on or associated with the Services that are not BellSouth marks are the trademarks of their respective owners, References to any names, markso products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply BellSouth's endorsement, sponsorShip or recommendation of the third party, information, product or service, (d) Neither Party will make any media release or other public announcement relating or referring to the Agreement or the Parties' performance or relationship hereunder without the prior written consent of the other Party, 14. Confidential Information (a) Except as set forth in this Section, or as otherwise expressly provided in this Agreement, each Party agrees that (i) all information communicated to it by the other and identified and marked as "confidential," whether before or after the date hereof, (ii) all information identified as confidential to which it has access in connection with the Services and Equipment, and (iii) this Agreement and the Parties' rights and obligations hereunder (collectively, "Confidential Information"), will be, and will be deemed to have been, received in confidence and will be used only for purposes of this Agreement. Each Party agrees to use the same means it uses to protect its own confidential information, but in no event less than reasonable means, to prevent the disclosure and protect the confidentiality of Confidential Information, No Confidential Information will be disclosed by the recipient Party without the prior written consent of the disclosing Party; provided, however, that each Party may disclose this Agreement and any disclosing Party's Confidential Information to those who are employed or engaged by the recipient Party, its agents or those of its affiliates who have a need to have access to such information in connection with their employment or engagement, provided the recipient Party notifies such persons of the obligations set forth in this Section and such persons agree to abide by such obligations. (b) The obligations set forth in subsection 14 (a) above will not prevent any Party from disclosing or using information that belongs to such Party or (i) is already known by the recipient Party without an obligation of confidentiality, (ii) is publicly known or becomes publicly known through no unauthorized act of the recipient Party, (iii) is rightfully received from a third party, (iv) is independently developed without use of the disclosing Party's Confidential Information or (v) is disclosed without similar restrictions to a third party by the Party owning the Confidential Information, If Confidential Information is required to be disclosed pursuant to law, regulation, tariff or a requirernent of a governmental authority, or in connection with an arbitration or mediation, such Confidential Information may be disclosed pursuant to such requirement so long as the Party required to disclose the Confidential Information, to the extent possible, provides the disclosing Party with timely prior notice of such requirement and coordinates with the disclosing Party in an effort to limit the nature and scope of such required disclosure. Upon written request at the expiration or termination of an Order, attachment, or addendum, all Confidential Information (and all copies thereof) (if previously received by each Party) will be retumed to the disclosing Party or will be destroyed, with written certification thereof being given to the disclosing Party. The provisions of this Section will survive the expiration or termination of any Order, attachment or addendum and this Agreement for any reason, (c) Confidential Information will not include any feedback, data, answers, questions, comments, suggestions, ideas or the like, that Customer sends to any BellSouth Company. relating to the Services or Equipment, unless Customer identifies it as Confidential Information. BellSouth assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction, BellSouth will also be free to use any ideas, concepts, know-how or techniques contained in such information or developed by them, for any purpose whatsoever including but not limited to developing, manufacturing and marketing ServiCes and Equipment incorporating such information, Nothing Version: 12/2005 Created On: June 14, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 3 of 19 Customer Initials: CCP-10828 Date: contained in this Section restricts the right and ability of BellSouth to use information conceming the execution of this Agreement and the provision of the Services and Equipment to Customer in internal publications. 15, Dispute Resolution - Independent Arbitration. (a) Except as provided in this Section 15, all disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory), including any dispute based on any service or advertising related to this Agreement, shall be resolved by final and binding arbitration governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. ~~ 1-16, Disputes that meet the small claims court requirements in the state in which the Services are provided may be resolved in small claims court, The Parties agree that this Section 15 shall not apply to debt collection matters or to disputes relating to Intellectual Property and that Chapter 48 of the Code of Laws of South Carolina shall not apply to this Agreement or to any arbitration or award hereunder. (b) The arbitration will be conducted by one arbitrator using the procedures described herein in accordance with the commercial arbitration rules and fee schedule of the American Arbitration Association ("AAA") in effect on the date a dispute is submitted, as modified by this Agreement. The AAA's arbitration rules are available from the AAA at www,adr.org. (c) The Parties have the right to be represented by counsel. The arbitrator shall be bound by and stricUy enforce the terms of this Agreement, and may not limit, expand or otherwise modify the terms of this Agreement in conducting the arbitration and making any award, Unless either Party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures, for which additional charges may apply, the arbitration will be based solely on the written submissions of the Parties and the documents submitted relating to the dispute, Any in-person arbitration will be conducted at a location that the AAA selects in the state in which the Services are provided, or as the Parties may otherwise mutually agree. Arbitrations under this Agreement shall be kept confidential. (d) Disputes under this Agreement may not be (a) resolved on a class-wide basis, (b) joined with another lawsuit, or (c) joined in an arbitration with a dispute of any other entity, The arbitrator may not award, and the Parties waive any claims for awards for, punitive damages or attorney fees or any damages that are barred by this Agreement, unless such damages are expressly authorized by a relevant statute. (e) Before taking a dispute to arbitration, the Parties agree to first attempt to resolve the dispute between them, If the Parties are not able to satisfactorily resolve the dispute within sixty (60) calendar days from the date of the initial notification of the dispute, either Party may contact the AAA in writing at AAA Service Center, 2200 Century Parkway, Suite 300, AUanta, GA 30345-3203, and request arbitration of the dispute. (f) Subject to applicable substantive law that may provide otherwise, each Party will pay its own expenses to participate in the arbitration, including attorney fees and expenses related to the presentation of evidence; witnesses, and document production, (g)Nothing in this Agreement shall be construed to limit either Party's right to obtain equitable or injunctive relief in a court of competent jurisdiction in appropriate circumstances. 160 General. (a) Except as set forth herein, Customer may not assign or transfer any of its rights, duties, or obligations with respect to the Services without BellSouth's written consent, which consent shall not be unreasonably withheld or delayed. Any attempted assignment or transfer without the written consent of BellSouth shall be void. Notwithstanding the foregoing, BellSouth may assign, delegate or otherwise transfer its rights or obligations hereunder, in whole or in part, at any time or subcontract the performance of any of its obligations under this Agreement. (b) Neither Party may bring an action, regardless of form, arising out of the Services or these Terms more than one year after the cause of action arose, (c) This Agreement, together with all attachments, addenda, and any Orders placed hereunder, constitutes the entire agreement between BellSouth and Customer relating to this Agreement and the Services performed hereunder, supersedes any prior written or verbal proposals, agreements, understandings or other discussions respecting the same, and may not be modified or amended other than by a written instrument executed by both Parties, (d) These Terms and the Services shall be governed by the laws of the State of Florida, without regard to its conflict of laws provisions. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby, (e) The Parties are deemed to have participated in the drafting and negotiation of this Agreement after consulting with their respective counsel of their own choosing, Therefore, the language of this Agreement shall not be presumptively construed either in favor of, or against, any Partyo (f) No failure on the part of either Party to exercise any right or remedy arising directly or indirectly under this Agreement will operate as a waiver of any right or remedy it may have, nor will an exercise of any right or remedy by either Party preclude any right or remedy otherwise available to such Party, (g) To the extent there is a conflict between the terms set forth in this Agreement and those in any Order, attachment or addendum, the terms set forth in the Order, attachment, or addendum shall prevail. (h) The headings used in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement. (i) Except as otherwise specifically stated in this Agreement, the provisions of this Agreement are for the benefit of the Parties hereto and not for any other person. (j) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The Parties agree that a facsimile or electronic transmission of each Party's signature to this Master Agreement and Orders hereunder will be deemed an original and the best evidence thereof for all purposes, including, without limitation, all evidentiary purposes before any arbitrator, court or other adjudicatory authority. 17. Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given if delivered personally or by courier service, faxed or mailed by registered or certified mail, return receipt requested, postage prepaid, to the Parties at the addresses set forth above, All notices under this Agreement that are addressed as provided herein will be deemed given (a) upon delivery, if delivered personally or by courier service, (b) when confirmed, if delivered by facsimile, and (c) on the fifth (5th) business day after the day it is deposited in a regular depository of the United States mail, if delivered by mail in the manner described above, Either Party may change its address or respective contact for notification purposes by giving notice to the other of the new address or designee and the date upon which such change will become effective. 18. Credit Check Acceptance of any Order by BellSouth is subject to BellSouth credit and other approvals. Following Order acceptance, if it is determined that: (I) the initial credit approval was based on inaccurate or incomplete information; or (Ii) Customer's creditworthiness has significanUy decreased, BellSouth in its sole discretion reserves the right to cancel the Order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer, Version: 1212005 Created On: June 14, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 4 of 19 Customer Initials: CCP-10828 Date: IN WITNESS WHEREOF, Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its tenns and conditionso BellSouth and Customer have caused this Agreement to be executed and delivered by their duly authorized representatives, effective upon execution by Customer and acceptance by BellSouth. The undersigned warrant and represent that they have the authority to bind Customer and BellSouth to this Agreement. Customer: City of Delray Beach Accepted by BellSouth MNS, Inc. and BellSouth Telecommunications, Inc. By: BellSouth Business Systems, Inc, By: By: Name: Jeff Perlman (Print or Type) Name: Kenneth Lewis or Jacob A. Granger (Print or Type) Title: Mayor Title: Director - Contract Management or Manager - Tactical Pricing Date: Date: Version: 1212005 Created On: June 14, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 5 of 19 Customer Initials: CCP.l0828 Date: @ 8EllS0UTH BellSouth Dedicated Internet Access Service Description Dedicated Internet Access (DIA) is an essential tool for businesses to compete in today's information technology marketplaces, OIA is well suited for handling on-line mission critical tasks, DIA enables a customer, over the Internet, to sell products and services, communicate with customers and suppliers, market to new prospects, and conduct research on competitors. BellSouth OIA Service provides highly reliable Internet connectivity for business customers, Full suites of standard and optional features, as well as a range of connection speeds, (128kbps - 622mbps) are available, Connectivity is achieved through router-based access to a BellSouth Managed Facility (BMF) with connections to the global Internet through the BellSouth RegionallP backbone, BellSouth OIA service can be accessed using one or more of BellSouth's fast packet or other networks, including Frame Relay, Private Line, ATM, Metro Ethernet and SONET ring topologies. 1) Service Components DIA components: a. Customer Premises Equipment (CPE) b, Transport service c. BellSouth Managed Facilities (BMF) d, BellSouth RegionallP Backbone ("BRIB") and global Internet connections DIA Service Logical Architecture ~ 1tlI1I_ _I Customer Premises Equipment @e0@ BelISouth Managed Facility a. Customer Premises Equipment The Customer Premises Equipment is the router located at the customer location, The customer will provide the Customer Premises Equipment in the Port+Access and Port Only service options, while BellSouth's DIA service will include the router in Port+Access+CPE Service options, Customer Provided Router If the customer provides the router, BellSouth will assist the customer in configuring the equipment to communicate with the BMF. BellSouth Business Internet Services support includes providing lP addresses, Additional support will be addressed on an as-needed basis. Billing is initiated within 24 hours of service activation, Under the customer provided CPE scenario (Port+Access or Port Only service options), all monitoring, management, troubleshooting, repair andlor replacement of the customer premises equipment will be the customer's responsibility, BeIlSouth ISP DIA provided router When BellSouth's DIA service includes the router, the router choice is generally based on transport service type and speed of connection, The routers will be configured for static routing, BellSouth will retain ownership of and is responsible for all installation, configuration, monitoring, management, troubleshooting, repair, and replacement of the equipment. However, the customer is responsible for safeguarding the equipment against theft and damage, and must provide a suitable environment for the operation of the router, In addition, the customer is encouraged to provide out of band (OOB) access to the router, This OOB access must be dedicated for use in accessing the customer premise router from the BellSouth Network Operations Center to aid in expeditious troubleshooting and resolution, and to minimize unneeded router replacements. b. DIA Transport The DIA service supports access via the following transport services: . Frame Relay . Private Line . ATM . Metro Ethernet Premium Service . BellSouth@ SMARTRing@servicewith frame relay or with private line (SONET)", excluding Port Only Service Options " SMARTRing@ service must already be installed before OIA service can be activated. The transport service may be provided as part of the OIA service or obtained separately by the customer, With the exception of SMARTRing@ service, all dedicated, point-ta-point transport services used to provide access to the OIA service are provided via the FCC jurisdiction tariffs. Please see the sections below on specific service transport descriptions, Version: 08/2005 Created On: June 14, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 6 of 19 CCP-10828 DIA-Provided Transport (Port+Access+CPE, and Port+Access Service Options) When BeUSouth's DIA service includes the transport from the BMF to the Customer premises, BellSouth will be responsible for completing the following functions to ensure proper implementation of the dedicated services: . For Private Line, order circuit from customer premise to the BMF. · For Frame Relay, order end-to-end Permanent Virtual Circuit (PVC), customer premise-ta-BMF, (BelISouth's DIA service will place the order for the customer's end of the PVC on the customer's behalf and the customer will be billed the applicable tariffed charges for that PVC service on its regulated phone bill), . For Metro Ethemet, order Metro Ethernet circuit from customer premise to the BMF. · For SMARTRing@ service, the customer must already have the SMARTRing@ service installed. BellSouth's DIA service will order 'channel on" to the Customer's SMARTRing@ service using a Shared Network Arrangement (SNA) and/or a Private Line Connecting Agreement. · Configure BMF terminating equipment and router . Assign BMF port IDs to the customer . Monitor and manage the circuit . Maintain and troubleshoot all Telco-related connectivity issues . Assign IP addresses for the hosts at the customer premise Customer-provided Transport (Port Only Service Option) In the case of Customer-provided transport, the customer is responsible for the transport to the BMF, All dedicated, point-ta-point transport services used to provide access to the DIA service are provided via the FCC jurisdiction tariffs, BellSouth will be responsible for completing the following functions to ensure proper implementation of the dedicated connection service: . Configure BMF terminating equipment and router Assign BMF port IDs to the customer . Monitor and manage the Port Only . Maintain and troubleshoot all Port Only-related issues . Assign IP addresses for the hosts at the customer premise The customer will be responsible for calling their transport provider to resolve any local loop problems, c. BeIlSouth Managed Facility (BMF) The BMF contains a large infrastructure of IP-based data networking equipment usually located in a BellSouth Central Office (CO), There is a BMF in every LATA throughout the current BellSouth nine state service area, 2) Network Architecture BeIlSouth Regional Internet Backbone (BRIB) BRIB is the regional backbone that connects DIA customers to other BMFs and DIA customer locations within the BellSouth region, as well as to the global Internet, The BRIB design offers multiple redundancy points in the network; redundancy is provisioned between BMF's and in connectivity of the BRIB to multiple Internet backbone providers, 3) Service Options . Port + Access + CPE ~ervice Option . Port + Access Service Option . Port Only Service Option Port + Access + CPE Service Ootian BellSouth's DIA service will include the customer premises router, the local loop transport, the port in the BMF, and connectivity to the BRIB and the global Internet. Port + Access Service Ootion BellSouth's DIA Service will include the local loop transport, the port in the BMF, and the connectivity to the BRIB and the global Internet, The customer will provide their own customer premises router. Detailed specifications for DIA using Metro Ethernet are found in the Metro Ethernet DIA section in Section 6, Port Onlv Service Ootion BellSouth's DIA service will include the port in the BMF, and the connectivity to the BRIB and the global Internet, The customer will provide their own customer premises router, and will provide the local loop transport connectivity to the BMF. Detailed specifications for DIA using Metro Ethernet are found in the Metro Ethernet DIA section in Section 6, Demarcation Points The line of demarcation is as follows: Port + Access + CPE Service Option: LAN interface on CPE Port+Access Option: Version: 08/2005 Created On: June 14, 2006 If < or = DS1 itis the Smart Jack If> DS1 and < 50M, or MetroE DIA 10M, 20M, or 50M (electrical), it is the Transmit /Receive Coax cable jack If> Fractional OC3, or Metrae DIA 10M, 20M, 50M (optical), or MetroE DIA 100M, 250M or 500M, it is the "pair of fibers" CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 7 of 19 CCP-10828 4) Billing Options Dedicated Internet Access (DIA) customers have a choice of billing methodologies. Tiered and Flat Rate monthly recurring charge billing plans are available for most Service Types and most Access Methods. With the Burstable plan, a customer whose Access Method is Private Une may choose to be billed either a tiered/flat rate monthly recurring fee or to be billed a variable amount based upon usage, ATM DIA is burstable billing only, MetroE DIA is only available in Tiered/Flat Rate billing only, a. Usage Determination for Burstable To calculate a customer's usage for a billing period, BellSouth will poll the BMF router where the customer's service is terminated, taking measurements every 5 minutes for both inbound and outbound traffic, retaining the higher number for each 5-minute interval. These measurements, collected for a billing period, will then be ordered from high to low, the top 5 percent of measures will be eliminated and the next highest number (95th percentile) will become the usage number to be multiplied by a per megabit price. The price per megabit will be based on: . 95th Percentile of usage . Contract Term . ServiceType . Access Method If any port connection is placed in or removed from service during a monthly inllOice period, the 95th percentile result for such port shall be pro-rated for the number of days which such port was in service, The Burstable product is only available using Private Line or A TM as the transport (DS1-0C12) 5) OIA Service Bandwidths Bandwidth Frame Private ATM Metro Relay Line Ethernet 128 kbps X . 256 kbps X 384 kbps X 512 kbps X 768 kbps X 1024 kbps X 0511536 kbps X X X 3 mbps X X* 6 mbps X X* 9 mbps X X* 10 mbps X* 12 mbps X X* 15 mbps X X* 18 mbps X* 20 mbps X* 21 mbps X X* 24 mbps X* 27 mbps X* 30 mbps X* 33 mbps X X* 36 mbps X* 39 mbps X* 50 mbps X* 05345 mbps X X* X 100 mbps X* 250 mbps X* 500 mbps X* Fractional X* OC3 speeds OC3 X* Fractional X* OC12 speeds OC12 X* MLFR (3M bps) X MLFR (6Mbps) X MLFR (9Mbps) X *Not available in all areas NOTE: Availability may vary based on service option selected. Version: 08/2005 Created On: June 14, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 8 of 19 . CCP-l0828 6) Service Access Transports Frame Relay Access for DIA The Frame Relay access method for DIA is designed to meet customer requirements for Internet connectivity with DS1, DS3, Fractional DS1, and Fractional DS3. Port Only, Port+Access (Customer Provided Equipment), and Port+Access+CPE service options are availableo Frame Relay service provides a dedicated port connected to a PVC from the customer premises over the BellSouth Frame Relay network to the BMF, Frame Relay Port Only is required to be full Committed Information Rate (CIR). Customers purchasing Port+Access and Port Only Service Options for Frame Relay DS3 and Fractional Frame Relay DS3 must provide Kentrox emulation on customer owned CPE. The Kentrox emulation provides for the 'choking" of the 45M when less bandwidth is required (i.e., 6M, 9M, 12M), SMARTRing@ service Customers can provision Frame Relay DIA (either Port+Access+CPE or Port+Access Service options) over their existing SMARTRing@ service, The SMARTRing@ service requires a Shared Network Agreement (SNA), The customer must sign SMARTRing SNA and a PLCA if the SMARTRing is from the state tariff, to allow the DIA service to be mapped across the ring, The DIA offer does not include or provide the SMARTRing@ service itself. The use of SMARTRing@ interfaces replaces a portion of the local loop normally associated with the DIA Port+Access+CPE and Port+Access offers, Availability Frame Relay access to DIA service is available in all tier I and II BMF's, Frame Relay DIA can be ordered using tiered/flat rate billing, For Frame Relay DIA services equal to and above 12Mbps, a Service Availability Check (SAC) will be conducted during the pre-sales process to determine iflwhen facilities are/will be available within the target BMF, Multi-Link Frame Relay DIA (MLFR) MLFR DIA is designed for customers who are not served with fiber access facilities (and therefore cannot receive a DS3 circuit) yet their Internet bandwidth requirements exceed that of a single DS1 circuit, The service provides the customer with a dedicated connection to the Internet in multiple DS1 (1.536 Mbps) increments (3M, 6M and 9M), MLFR Dedicated Internet Access is available with the Port+Access+CPE Service Option and Port +Access+CPE over SMARTRing. Availability MLFR DIA can be ordered using tiered/flat rate billing, Private Line DIA Private Line DIA service gives business customers a full-time dedicated connection from their customer premise to the Internet. The customer is connected to the nearest BellSouth Managed Facility (BMF) directly with a private local loop circuit. Port+Access+CPE, Port+Access+CPE over SMARTRing, Port+Access, Port+Access over SMARTRing, and Port Only service options are available with Private Line DIA, Unlike Frame Relay, the Private Line access price is based on mileage from the customer's premise to the BMF, SMARTRing@ service Customers are able. to provision Private Line DIA (either Port+Access+CPE or Port+Access Service options) over their existing SMARTRing@ service, The SMARTRing@ service requires a Shared Network Agreement (SNA). The customer must sign the SMARTRingSNA, and a PLCA if the SMARTRing is from the state tariff, to allow BST ISP to purchase interfaces on the ring for the DIA service to ride, This DIA offer does not include or provide the SMARTRing@ service itself. The use of SMARTRing@ interfaces replaces a portion of the local loop normally associated with the DIA Port+Access+CPE and Port+Access offers Availability Private Line service is available in most BMF's, Private line can be ordered using either the flat rate or burstablebilling method. For Private Line DIA services equal to and above 12Mbps, a Service Availability Check (SAC) will be conducted during the pre-sales process to determine iflwhen facilities are/will be available within the target BMF. Metro Ethernet DIA (MetroE DIA) This service will enable customers to connect to the Internet at various Metro Ethernet speeds, MetroE DIA is available as Port+Access+CPE, . Port+Access and Port Only service options, When DIA is used with Metro Ethernet Premium service, packets originating from a particular Customer are identified by use of a Virtual Local Area Network number (VLAN Tag) that is assigned by BellSouth when the service is provisioned, The VLAN tag is embedded in each ethemet packet received from the Customer and serves to identify the source of the packet to BellSouth, The requirement to identify MetroE DIA Customers by VLAN Tag requires that the data transport service connecting to the BMF conform to the following requirements: 1. The BellSouth Metro Ethernet Service ordered from BellSouth must be Metro Ethemet Premium service equipped with a-Forwarding, a- Forwarding is an optional Metro Ethernet Premium feature that adds support for VLAN tagging to the BellSouth standard Metro Ethemet Premium service, 2, If a Customer already uses a BellSouth Metro Ethernet service that does not include VLAN tagging, (Le, BellSouth Basic Metro Ethemet service), and one or more of the existing locations desire to add DrA services, then all locations served by that service must be upgraded to the Metro Ethernet Premium service. 3, The CPE equipment effecting the ethernet connection at the Customer Premises to the BellSouth Metro Ethemet service must support VLAN tagging via the 80201a protocol. (e,g, a Cisco 2821 router or equivalent)o When a Port+Access of Port Only configuration is ordered, the Customer must provide compatible CPE and configure it according to the VLAN tags that will be assigned by BellSouth during the ME DIA provisioning process, Customers providing their own Metro Ethemet transport to the Port Only Service option must purchase rate elements for Premium Fixed Metro Ethernet speeds 10M, 20M, 50M, 100M, 250M, or 500M, plus any additional mileage charges required to connect the customer premise to the closest equipped Metro Ethernet switch Central Office, Customer provided routers must be VLAN-tagging capable for Metro Ethernet DIA service, All dedicated, point-te-point transport services used to provide access to the DIA service are provided via the FCC jurisdiction tariffs, CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 9 of 19 CCP-l0828 Version: 08/2005 Created On: June 14, 2006 Availability A Service Availability Check (SAC) will be conducted during the pre-sales process to determine iflwhen facilities are/will be available within the target BMF, A SAC is required for all Metrae DIA orders, Metro Ethernet DIA Service can be ordered using either tieredlflat rate billing, Burstable billing is not available at this time, Asynchronous Transfer Mode (A TM) DIA Asynchronous Transfer Mode (ATM) access method for DIA is designed to meet the requirements for Internet connectivity for customers who have existing ATM networks, The Port+Access+CPE and Port+Access options are not available for ATM DIA; the customer must obtain their own ATM circuit separately, and BellSouth's DIA service will map an A TM Port Only across that circuit. A TM is only available with Burstable billing, These services require an existing A TM connection from the customer premise over the BellSouth A TM network to the BMF. Availability ATM DIA is available in many BMF's, but must be checked before service order, For ATM DIA services equal to or above 12Mbps, a Service Availability Check (SAC) will be conducted during the pre-sales process to determine iffwhen facilities are/will be available within the target BMF, DIA Service Access Suitability Examples Access Best Suited For Frame Relay . Mission Critical file transfers . Connectivity for LANs, WANs, web servers, email servers . Companies looking for scalability . Bursty Data applications Private Line . File transfers where high security is needed . Web servers connectivity with high multi-media content ATM . Customers with existing ATM networks Metro Ethernet . Large fi Ie transfers . Non-mission critical applications . Distance Learning 7) DlA Diversity Solutions To better serve some customers' needs, Dedicated Internet Access (DIA) customers may now purchase a Diversity Solution Product to enhance diversity (redundancy) at specific assignments and attributes for their Internet access. Diverse Solutions are designed for customers who have a need for continuous I fault tolerant Internet Access, While Diversity Solutions wiH increase the likelihood of non-interrupted Internet Access, this product cannot guarantee continuous and non-interrupted 100% Internet Access availabHity. Diversity Solutions are designed to provide customers with a Primary Access Solution to the Internet that will automatically fail-over to a Secondary Access Solution to the Internet should a trouble on the Primary Service interrupt the customer's connectivity, a) DIversity Options BellSouth Router Diversity Solution provides the customer two distinct DIA circuits achieving Internet connectivity through access to (1) a router in a BMF (BellSouth Managed Facility) in case of the Primary Circuit, and (2) a different router in the same BMF in the case of the Secondary Circuit. Traffic will be routed I managed based on weighted static roUtes to the same BMF on the Diverse Routers. With this option, there will only be one router located at the customer premise, but the circuit will connect in thru diverse routers at the BMF. BellSouth Router Diversity Solution provides one router at the customer's location, if purchased in the Port+Access+CPE service type, The customer may provide a second router. Router Primary Router Customer BMF Router Seoondary Router Service Types The customer's primary circuit and secondary circuit have to be the same D1A Service Type. It means that both circuits will have to be Port+Access+CPE, Port+Access or Port Only Service Type, Service Speeds The customer's primary circuit and secondary circuit do not have to be the same size; however, it is recommended that the secondary circuit be at least one half the size of the primary circuit. The customer should size the secondary (fail over) circuit so that the secondary circuit is able to send I receive all critical traffic in the event the primary service is down. The Secondary Circuit, in all cases, must be less than or equal to the Primary Circuit. Service Transport Version: 0812005 Created On: June 14, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 10 of 19 CCp.l0828 It is recommended that the customer choose different access types (e.g" Frame Relay and Private Line), rather than both the same access types, to improve the level of diversity from the customer premises to the BMF. Service level Agreements There is no change to SLAs and Service Level Credits for the following SLAs: Network Availability - target 100% for Primary Service and 100% for Secondary Service . Backbone Latency - target 100% for Primary Service and 100% for Secondary Service . Packet Loss - target 05% for the Primary Service and .5% for the Secondary Service Customers will be evaluated for SLA qualified events on the Primary Service and SLA qualified events on the Secondary Service, SLA Credits will be calculated on each service, Primary Service and / or the Secondary Service and on the billed amount for each service for the month in which the SLA Credit was earned, whether derived by flat or usage billingo The Installation Guarantee SLA will be modified as follows: The identified installation interval for the Primary Service and the Secondary Service will be compared, and the longest installation interval will be used to qualify a customer to receive an Installation SLA, If BellSouth has caused the installation date for the longest installation interval to be missed, and the customer has been charged an installation fee, 100% of the installation fee will be refunded, 8) Features IP Addresses The customer can obtain IP addresses from BellSouth or can obtain their own IP addresses from ARIN, The customer may also bring IP addresses previously used from another service provider's IP address space with the written permission of that provider. .Although not recommended, a customer may be able to obtain up to 16 Class C address blocks from BellSouth. BellSouth requires the customer to have immediate need for 80% of the addresses requested, and they must be able to justify use of 80% of the addresses at all times, The customer's initial request for addresses occurs during the ordering process, To request additional addresses, the customer should contact the BellSouth Business Internet Services Management group, who will gather information and evaluate the request. Adequate utilization of any addresses already issued must be documented before additional addresses will be released, Additional details about IP Addressing can be found at the ARIN web site: http://www.arin.netl Domain Name Registration BellSouth offers DIA customers the option of either registering their new domain name> directly with InterNIC, or having BellSouth register the domain name for them 0 BellSouth will register up to three new, single domain names as part of the DIA service for new customers during the installation process. Domain Name Service (DNS) Primary DNS service is an optional offering to DIA customers where alphanumeric domain names are mapped to IP addresses, for ease of use for navigating web sites, Secondary DNS mirrors the information located on the primary DNS server, and acts as a backup source of addresses in the event the primary server is unreachable WebStats Web Stats is a Web based customer network reporting feature that allows customer to monitor their historical network usage statistics online. This provides an excellent opportunity for customers to visualize the usage and performance of their Internet connection. Web Stats are offered as part of the standard service for all Frame Relay, Frame Relay MLFR, Metro Ethernet, and Private Line DIA customers. Customers can access statistical information regarding their Internet connection, Network samples are taken every five to fifteen minutes by the network statistics system and rolled up each night to create daily, weekly and monthly reports, These reports are then hosted on a web site (htto://webstats,BelISouth,netlmns/) for the customer to view, Intelligent PVC (IPVC) Intelligent PVCs are Frame Relay PVCs that continuously monitor the customer network primary links, If the connectivity from the BellSouth netwOrk to the BMF's primary router fails, the PVC will detect the failure, Within 6 to 60 seconds, the Intelligent PVC will detect the outage and automatically reroute service to the secondary router, Once the primary router starts working again, the Intelligent PVC will automatically reroute traffic back to the primary router, The InteHigent PVC Optional Feature does not guarantee 100% Internet availability to the customer, Intelligent PVC, optional feature, will benefit customers by: Provides the customer with BMF router diversity for Internet access Eliminates added expense of provisioning two local access loops Provides more uptime without a disruption of service Network Address Translation (NAT) NAT, an optional feature for DIA Port+Access+CPE Services except Port+Access+CPE Diverse Solutions, enables a customer's private network (non- registered IP addresses) to translate into public address space and connect to the Internet. NAT tables are defined within the Customer's Premises Router, NAT benefits customers by: Version: 0812005 Created On: June 14, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 11 of 19 CCP-l0828 · Providing some additional security by limiting internal address exposure to the global Internet (specifically, user PCs will not be reachable inbound from the Internet, only statically NA Ted hosts will be reachable from the Intemet). . Allowing for addressing efficiencies and, . Conserving IP addresses Two NA T Models are offered: . Static Address Translation - Customer may establish a many-to-one mapping between local and global address, or Customer may configure Static address translations to the port level, using remaining IP addresses for other translationso In this scenario, only the customer's Hosts are mapped and "reachable" from the Internet; the Hosts then communicate with the customer's internal network (PCs), Port Address Translation (PAT) - (also known as "overload") Customer may map several internal addresses to one. When using PAT, traffic will attempt to engage the original source port; if the source port is fully utilized, PAT will cause the traffic to find the first available port, (same as above) Customers will be limited to the number of IP address on their LAN with NAT translation to a /24 block (254 usable addresses)o A customer may request additionallP addresses with NAT translation. Note: The Network Address Translation feature is not supported for D1A Diversity Solutions, Cisco 10S NAT cannot be used with Hot Standby Routing Protocol (HSRP), In DIA Diversity Solutions, HSRP is used in the Customer Premises Equipment (CPE) to allow a fail-over to the secondary CPE router in the event the primary router fails. Packet Filtering With Packet Filtering, BellSouth provides an optional router filter service to all DIA customers, These router filters are configured on the tennination router and are generally used to help prevent unwanted traffic from entering or leaving the customer's private network. DIA 105 Firewall Dedicated Internet Access Firewall Service (DIA Firewall) is a security-specific offer providing new and existing "Port+Access+CPE" DIA Service customers an option to outsource managed security services for network protection and defense against attacks. Security is enabled through an advanced firewall engine with state-of-the-art security features including packet inspection, application-based filtering (context-based access control), per user authentication and authorization, and real-time alerts, For Port+Access DIA customers, the DIA Firewall service is provided through the installation of a certified firewall platform at the customer's premise(s) with remote configuration, management, monitoring, and maintenance from BellSouth's Security Operations Center (SOC). DIA Firewall includes: . Provisioning of a certitied firewall platform . Installation and configuration (remote) of the firewall platform 24X7 management and monitoring . Firewall administration and maintenance . 24X7 help desk support . Outbound, Inbound/Outbound, or Inbound/Outbound with DMZ directional traffic protection . Implementation of firewall rules-base changes (per level of service) requested by customer There are three DIA Firewall levels of service available to customers, 1. Basic Firewall a, Internet protection b,Supports Fractional T1 up to DS3 access speeds co Choice of 0, 1, 2, 3,4, or 5 rule-base change requests per year 2. Advanced Firewall a, Bi-Directional protection b. Supports Fractional T1 up to DS3 access speeds c. Choice of 3, 6, 9, 12, 15, or 25 rule-base change requests per year (customer rule-base change requests greater than 25 requires an SRF) d. Choice of up to 10 IP Addresses assigned for hosted servers per year (customer requests for IP Addresses greater than 10 requires an SRF) The diagram below represents the conceptual overview tor Basic and Advanced DIA Firewall: T4 1*'1" _ ......1 Customer Premises Equipment ~ SefVIce Internet BellSouth Managed Facility 3. Premium Firewall ao Bi-Directional protection, with DMZ b, Supports Fractional T1 up to DS3 access speeds c. Choice ot 3, 6, 9, 12, 15, or 25 rule-base change requests per year (customer rule-base change requests greater than 25 requires an SRF) d, Choice of up to 10 IP Addresses assigned tor hosted servers per year (customer requests tor IP Addresses greater than 10 requires an SRF) Version: 08/2005 Created On: June 14, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 12 of 19 CCP-10828 The diagram below represents the conceptual overview for Premium DIA Firewall with DMZ: r:::::::::n:::.J Customer Premises Equipment Cisco IOS FlrewaU DIA 10S Firewall will follow the same Customer Support processes defined for DIA. The Welcome letter sent to each customer provides additional details about DIA 10S Monitoring and Management 10) Professional Services 1, Additional Fees, From time to time, customers may request services that are beyond the scope of the standard service offering, These services range from, but are not limited to, service expedites, non-business hour installs (Le. Saturday, Sunday, holiday or evenings from 5:00 P.M, to 8:30 A,M, the next day), LAN/WAN design and troubleshooting, application troubleshooting, router configuration services etc, When feasible, BellSouth may assist the customer in fulfilling these requests on a fee for service arrangement in accordance with our standard Professional Service Fees, BellSouth's hourly billing rates for Professional Services range between $125 and $250 per hour depending on the type and scope of work, The customer may also be required to pay additional fees to cover the amount of additional costs incurred by BellSouth resulting from the customer's special requests, Such costs may include, but are not limited to, equipment and expedited shipping charges, 2, Charaes, If charges apply for additional services requested by the customer, they will be disclosed to the customer via verbal or written notification prior to performing any work. As necessary, a statement of work may also be provided defining the services and deliverables to the customer, 11) Service Level Agreements (SLAs) 1. General. BellSouth intends to provide its services such that the Services will perform in a manner consistent with the objectives set forth in this document. If BellSouth fails to perform its services such that any of the following SLAs are not met, the sole obligation of BellSouth and the Customer's sole remedies shall be for BellSouth to use commercially reasonable efforts to effectuate a repair of the Services and for BellSouth to provide the credits, if any, specified below. 20 Network Availabilitv. (a) "Network Availability" is the percentage of total minutes during a calendar month that the Services are available to the Customer, Network Availability is calculated as follows: Network Availability [(Minutes in a monthl - (Total outaae minutesl] (Minutes in a month) The Services shall be deemed to be 'unavailable" whenever an outage is recorded on a BeUSouth trouble ticket classified as "major" or "criticar by BellSouth's Network Operations Center which results in Customer not having the ability to transmit or receive packets by means of the Services, and "Total Outage Minutes" shall be deemed to be the length of time during which the Services are unavailable to the Customer, as reflected on such trouble tickets. 'Total outage minutes' shall not include any outages (i) occurring during scheduled maintenance activities: (ii) attributable to any act or omission of Customer; (iii) attributable to Customer's applications, equipment or facilities; (iv) resulting from reasons of Force Majeure or other causes beyond the reasonable control of BellSouth; or (iv) lasting ten minutes or less, (b) The objective for Network Availability is 100%. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 1/3Oth of the monthly recurring charges for the affected Services (Le" the portion(s) of the Services directly made unavailable as a result of the outage(s) in question) for each cumulative hour or portion thereof during which such Services are unavailable to the Customer (subject to the limitations set forth herein), Unavailability and credits will be prorated and paid in 15-minute incrementso 3, Mean Time to Reoair. "Mean Time to Repair" is the monthly average time over any calendar month it takes for BellSouth to resolve any outage problem classified as "major" or "critical" by BellSouth's Network Operations Center. Mean Time to Repair is calculated as follows: Mean Time to Repair = Total outaae minutes Total outage occurrences The objective for Mean Time to Repair is not to exceed four (4) hours. This objective will be measured and reported but the Customer will not receive a credit if the objective is not met. 4, Installation Date, (a) "Installation Date" is the actual date that the Services are made available to the Customer. The Installation Date shall not be deemed missed due to installation delays attributable to (I) reasons of Force Majeure or other causes beyond the reasonable control of BellSouth; or (ii) Customer's applications, equipment or facilities. All expedited installation requests do not qualify for this installation SLA. Version: 0812005 Created On: June 14, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 13 of 19 CCP-10828 (b) The objective for the Installation Date is to be on or before the target date committed to by BellSouth, as reflected on BellSouth's service management records, For any installation for which the objective is not met (other than for the reasons set forth above) Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 100% of the installation charges (if any) otherwise payable by the Customer for the Services, 5, Latencv. (a) "Average Latency" is the monthly average round-trip latency of designated portions of BellSouth's network, determined by measuring round-trip network responses over such portions of the network as determined by BellSouth, The objective for Average Latency is to not be greater than 55 milliseconds. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Services. Network delay will not be considered for purposes of Average Latency, and Service credits will not be available to Customer, in cases where the Services are delayed as a result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of testing equipment, applications or systems; (iii) circumstances or causes beyond the contrd of BellSouth, including instances of Force Majeure; or (iv) scheduled service maintenance, alteration, or implementation. Such credits will be granted only if Customer affords BellSouth full and free access to Customer's equipment to perform necessary testing, troubleshooting or related activities, 6, Packet Loss, (a) "Average Packet Loss" is the monthly average round-trip packet loss of designated portions of BellSouth's network, determined by measuring round-trip network responses over such portions of the network as determined by BellSouth, The objective for Average Packet Loss is to not be greater than 0,5%0 For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 1/30th of the monthly recurring charges for the Services. Packet loss will not be considered for purposes of Average Packet Loss, and Service credits will not be available to Customer, in cases where packets are lost as a result of (I) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of testing equipment, applications or systems; (iii) circumstances or causes beyond the contrd of BellSouth, including instances of Force Majeure; or (iv) scheduled service maintenance, alteration, or implementation, Such credits will be granted only if Customer affords BellSouth full and free access to Customer's equipment to perform necessary testing, troubleshooting or related activities, Other Terms and Conditions Customer should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA objective was missed. If Customer believes a credit should have been applied but was not, Customer must request credits within 120 days after the date of the report from BellSouth giving notice that an SLA objective was missed and that a credit is being issued, The total credits payable for SLA objectives (other than the Installation Date SLA) missed during anyone-month period shall not exceed the total monthly recurring charges for the Services in that month. 7. Force Maieure Force Majeure is defined as including war, riots, embargoes, strikes, or other concerted acts of workers (whether BellSouth's or others), casualties or accidents, malicious or criminal acts of third parties, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services)o Version: 08/2005 Created On: June 14, 2006 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Page 14 of 19 CCP-10828 @ BELLSOUTH Addendum to Master Contract for City of Delray 8each BellSouth Business Services Master Agreement # CPG.9773 Quote # 885060202171250 Term The undersigned Customer hereby orders from BellSouth Business Systems, Inc on behalf of BellSouth Telecommunications, Inco ("Bell South") the BellSouth Business Services of the type, at the location and for the prices and term specified in this Addendum and its related Addendum Detail Form(s) (collectively, this "Addendum"). BellSouth Business Service is provided, and this Addendum is submitted, subject to and in accordance with BellSouth Business Services Master Agreement, and all applicable acceptable use policies. This Addendum is valid only when accepted by an authorized representative of BellSouth. The term of the Service begins upon completion of installation and activation by BellSouth, unless terminated earlier as set forth herein or in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. This Contract shall be extended for additional one year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Contract at least sixty (60) days prior to the expiration of the initial term or each additional one- year term. Additional Terms and Conditions 1. Pre-qualification does not guarantee service availability at the installation location. Although Customer's line pre-qualified for Service there are circumstances beyond BellSouth's control that may result in Customer's inability to receive this Service. Some of these limitations are not detectable until BellSouth's installers are at Customer's location and attempt installation of the Serviceo If it is determined that BellSouth is unable to install this Service, Customer will not incur any charges associated with the attempted provisioning of Service for the affected location(s). 2. If Customer cancels its Services or any portion thereof, or has its Services or any portion thereof terminated pursuant to Section 12(a) or 12(b) of the BellSouth Business Services Master Agreement, prior to the expiration of the minimum term selected herein, Customer shall be obligated to pay BellSouth a termination charge equal to 50% of the total monthly charges (other than variable usage charges) that would have become due for the remainder of the scheduled minimum term if such termination had not occurred. Such termination charge shall be paid to BellSouth within thirty (30) days after such cancellation. 3. If Customer cancels installation of the Services, or part of a service order, before the installation due date, Customer shall be obligated to pay BellSouth cancellation charges equal to 50% of all the standard nonrecurring charges associated with the order, or that part of the order being cancelled. 4. Customer may incur additional charges in the event BellSouth has to build out additional facilities in Addendum to provision Customer's Services. Customer will be notified of such additional charges and may terminate the Services without incurring cancellation charges. 5. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The Parties agree that a facsimile or electronic transmission of each Party's signature to this Addendum and Orders hereunder will be deemed an original and the best evidence thereof for all purposes, including, without limitation, all evidentiary purposes before any arbitrator, court or other adjudicatory authority. 6. CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ADDENDUM, INCLUDING THE APPLICABLE ADDENDUM DETAIL FORM (S) AND THE BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT AND RATE SCHEDULES, AND ALL APPLICABLE ACCEPTABLE USE POLICIES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, AGREEMENTS, PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE SERVICES LISTED OR DESCRIBED ON THIS ADDENDUM AND SHALL PREVAIL OVER ANY ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ADDENDUM, INVOICE, ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 12/2005 Page 15 of 19 Customer Initials: Created On: June 14, 2006 CCP-l0828 Date: ACCEPTANCE OF ANY ADDENDUM BY BELLSOUTH IS SUBJECT TO BELLSOUTH CREDIT AND OTHER APPROVALS. FOLLOWING ADDENDUM ACCEPTANCE, IF IT IS DETERMINED THAT THE INITIAL CREDIT APPROVAL WAS BASED ON INACCURATE OR INCOMPLETE INFORMATION, BELLSOUTH IN ITS SOLE DISCRETION RESERVES THE RIGHT TO CANCEL THE ADDENDUM WITHOUT LIABILITY OR SUSPEND THE ADDENDUM UNTIL ACCURATE AND APPROPRIATE CREDIT APPROVAL REQUIREMENTS ARE ESTABLISHED AND ACCEPTED BY CUSTOMER. CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 12/2005 Page 16 of 19 Customer In~ials: Created On: June 14, 2006 CCP-10828 Date: Summary Charges Dedicated Internet Access Components purchased: Site-to-Site locations: 1 Customer will pay to Bell South all charges billed pursuant to the Contract. Charges are as set forth belowo Incorporation with Master Contract The Terms and Conditions of this addendum are added to, and become, integral parts of Master Agreement CPG-9773 and are fully incorporated herein by this reference. I acknowledge that I have received and read the BellSouth@ Dedicated Internet Access Service Description Customer Initials and Date IN WITNESS WHEREOF, the Company and Customer have caused this Addendum to be executed and delivered by their duly authorized representatives, effective upon execution by Customer and acceptance by the Company. Acknowledgement Customer: City of Delray Beach By: Accepted by Bell South Business Systems, Inc. On behalf of BellSouth Telecommunications, Inc. By: Name: Jeff Perlman (Authorized Signature) Name: Kenneth Lewis or Jacob A. Granger Title: Director - Contract Management or Manager - Tactical Pricing Title: Mayor Date: Date: CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRmEN PERMISSION Version: 12/2005 Page 17 of 19 Customer Initials: Created On: June 14, 2006 CCP-l0828 Date: Solution Details Dedicated Internet Access Charges for Primary Circuit Location # 1 Site Name: City of Delray Beach Site Address: 100 NW First Avenue Delray Beach FL 33444 Multi-link Frame Relay Tiered Pricing Service Package: Port + Access + CPE Port Speed: 2xT1 (3 Mbps) Contract Term: 36 Months SifeTotal: Install Charge Monthly Charge, $0.00 $1300.00 CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 12/2005 Page 18 of 19 Customer Initials: Created On: June 14.2006 CCP-10828 Date: @ BEllSOUTH Tips for Successful Installation You will be contacted shortly by a Provisioning Engineer to go over all the technical things that have to be in place at your site before your service can be operational. Please notify BellSouth immediately if you need to make any changes, as changes may inhibit or delay your service implementation. At the time of installation, BellSouth provides two hours of complementary technical support. This free Network Engineering assistance will help make sure your configuration is compatible with your new BellSouth Service. If you do need additional assistance, BellSouth provides professional services at the rate of $125-$200 per hour. One important thing to note: If you are going to miss your scheduled installation (turn-up), you must notify your Service Specialist at least 24 hours in advance. BellSouth begins billing on the date of your scheduled turn-up whether the service is activated or not. To avoid paying for service that isn't up and running, make sure you keep track of your installation date and advise us in time if there is going to be a problem hitting that date. Here is a quick checklist of requirements for the Dedicated Internet Access (DIA) product that you ordered. Look it over and talk to your Service Specialist about anything that is unclear or may present a problem. . Make sure your technical personnel are available on premise for each scheduled stage of service installation. You can coordinate this with your Service Specialist. . On installation day, make sure the premise contact for your company has your vendor hardware documentation available to research any possible hardware/software configuration problems. (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) . Check that your router, CSU/DSU equipment is in place. (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) . If you are providing a router, make sure it is configured and ready for operation of your DIA service 24-48 hours prior to your targeted installation date. . Ensure your transceiver is compatible to interface between your LAN/HOST and the BellSouth provided router. If you need one, check with local area communications or computer retail stores. (Only applies to Packaged customers, all others will be handling the complete router configurations for themselves.) . Have your computers, LAN, Servers and other equipment installed and ready to connect before the installation date. Your DIA will install whether you have this equipment in place or not and your billing will begin once the BellSouth installation is complete, . If you installed your own CSU/DSU equipment, call the BellSouth Telecommunications office to have the circuit tested before the scheduled installation date. (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) . If you would like to use IP addresses already assigned to your company, send an e-mail to your Provisioning Engineer listing those addresses. BellSouth will verify the usability of your addresses for the DIA connection. There is a lot involved in getting ready for the installation. If you have any questions or problems with the process, contact your Service Specialist to iron them out immediately. We want your DIA service and installation to be a positive experience! Customer Information: City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444- CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 0712005 Page 19 of 19 Created On: June 14, 2006 CCP.10828 MYDELRA YBEACH COM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager ~bert A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item City Commission Meeting June 20, 2006 Bid Award - Satellite Telephones DATE: June 15, 2006 ACTION: City Commission is requested to approve bid award to GMPCS in the amount of $23,582.00 for ten (10) satellite telephones with antennas and other accessory equipment. Funding is available in various department budgets. BACKGROUND: After the last two (2) years of hurricanes staff felt it was important to explore other communication options for emergency situations in case all other communication tools were inoperable. We explored the use and reliability of satellite telephones as an option. Satellite telephones were one of the few reliable means of communications in the areas affected by Katrina. Various types of systems were looked at, tested, and other communities were polled to determine the reliability of these systems. As a result staff is recommending the Iridium Service for its reliability and service. Attached is a recommendation received from our Telecommunications System Manager to purchase ten (10) satellite telephone kits, eight (8) antennas and battery back ups. Not recommended are two (2) hands free vehicle kits and one Intelidock09505A. The intent is to utilize this system in emergency conditions. The quote received from GMPCS included installation whereas the quote from Global/Com Satellite did not and would require a separate contract. Requests for quotes included a price to be provided for installation. Staff has not, at this time, completed a recommendation on an airtime plan but we are leaning to a one year batch plan that provides 500 minutes per year per set. A copy of the rate plan is attached. RECOMMENDATION: Staff recommends bid award to GMPCS for ten (10) satellite telephone kits, eight (8) antennas and ten (10) battery back ups in the amount of $23,582.00 which includes installation. Funding to come from various department budgets. RAB/tas File:u:sweeney/agenda Doc: Agenda Item for Bid Award Satellite Telephones <6M~ -, -~() MYDELRAYBEA CH. COM City ofDelray Beach Administrative Services 100 NW 1st Avenue, Dekay Beach, Fl. 33444 TO: Robert A. Barcinski, Assistant City Manager @ Amanda Solomon, Telecommunications Systems Manager Satellite Phone Proposals - Agenda Request FROM: SUBJECT: DATE: June 14th, 2006 As you are aware several staff members have met and discussed the need for Satellite phones in the event that we have no other means of communications in emergency situationso We were able to get two demo units to test for a week which were tested by both the Fire Department and the Police Department. Staff has chosen to select Iridium Service based on service and reliability. Attached you will find a worksheet with the pricing received from GMPCS and Global COM Satellite. We are recommending that GMPCS be the vendor that we select as their proposal was all inclusive of what we asked for not to mention that they are a local company. Global COM Satellite did not include installation cost in their proposals for the antennas to be mounted on the Police Department, Fire Department, Water Treatment Plant, Environmental Services Administration building, Parks Maintenance and Pompey Park. I do not see the need to have an antenna mounted on City Hall as access is limited. Even though there are additional items in the proposals I am recommending the following eq uipment be considered. (10) Ten Iridium 9505A Land Portable Satellite Phone Kits Complete Includes: 9505A phone w / 1900Mah High Capacity battery, International travel charger, Antenna adapter, portable auxiliary antenna, (for use in a vehicle), DC Cigarette Lighter adapter, leather case, Earphone, user manual, along with a Pelican 1300 Case with Foam insert. (10) Ten High Capacity Batteries as backups (8) Eight Mast Mount Antennas: (2) Fire Department, (2) Police Department, (2) Environmental Services, (1) Pompey Park, (1) Parks Maintenance with installation. Optional items that Chief Koen has requested are: (2) Two Hands-Free Vehicle kits mounted in vehicles. I really don't see the need for this as previously mentioned, auxiliary antennas are included in the kit not to mention the additional installation cost to hard-wire these hands-free units into the vehicles. In the event that we do not have to use these phones for sometime, and then these vehicles are replaced, this equipment would have to be removed and reinstalled into the replacement vehicle at an additional charge. (1) One Intelidock09505A Complete. Provides access to intelligent communications services from a standard 9505A handheld Iridium terminalo This allows for connecting a standard analog telephone set to the docking unit that could be used as a back up for EOC conference calls in the event that all other telecommunications are out. The total cost to the City if all items are considered is $29,186.00. A breakdown by department is included in the attached worksheet. The price without the optional items requested by Chief Koen would be $23,582.00. The town of Highland Beach and the Town of Gulfstream are following our lead as to what Company and what equipment to purchase. If you need any additional information, please do not hesitate to let me know. :ags Attachments 0 o~ o~ 0 0 ~ ~ ~ 0 0 0 0 ~ ~ 0 0 ~z ~z 0 0 z z z 0 0 0 0 z z 0 ,...: 0 0 0 .0 N o:i 0 0 ~ 0 CO '" <0 '" M '" CO V V III I'- '" "'. ... 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'5.c CTa.. wfl ~~ a.. ~ =a .l!!e ~.2 i .. 0 ,211l.c .!l.g!BCIl~ ;lilllEii: ~~ 1 ~ i .. .. c>> c>> ~aC~lll .g~oz ~ eClll;-o..!:: ~~o~~ :t:$ 5~ ~E DO ~~ a..lll:: ..,0 c:0 j,g ~;;!j ~~ '<t Ill~ :>'" ~u: >.c <( u '" ~ III 15~m J: Z ~ .z-O'= ,- 0 III U~O <( It) o It) 0> .. .E ~ ,g '" m ;::- '0 '" c. '" U .c Cl I ~ ! ~ u ~ ~ .., ll) > .~ ~ '" ~ c: o ~ m 1;; ,S; .. .E Cl c: '0 .~ o z Li.i I- o Z l:Il e :~ D: al .., e ~ W GMPCS Personal Communications . About Iridium . Rate Plans . Iridium Coverage . Iridium Rental Program . Iridium SMS . Order Forms . Service agreements IRIDIUM PREPAID AIRTIME PLANS No Monthly Fee No Renewal Fee No Card Dis osal Minutes Valid For Page 1 of2 "l~ ) . WI No Deposits Required No Credit Checks Required Limitless Rechar es Price $159 $745 $3,750 $5,650 SPECIAL OFFER! Save on Calls From Africa! DOWNLOAD THE AFRICA PREPAID PLAN 75 One Month 500 One Year 3000 Two Years 5000 Two Years MONTHLY SUBCRIPTION PLANS PLAN AMOUNT MINUTES INCLUDED PER MINUTE RATE Per Minute Rate $2.12 $1.49 $1.25 $1.13 BASIC PLAN $32,95 No Minutes Included $1.49min** STANDARD PLAN $62.95 20 Minutes Included $1.39min** TRAVELER PLAN $142.95 100 Minutes Included $1.15min** http://www.gmpcs-us.comlproducts/iridiumliri-prepaid.htm 6/15/2006 Iridium - Products Page 1 of~ "'It'->llllrldll.lrll 1.1.11 <llrldlurll r:ll\lr rJ Irldll.lrll (U.,l,,'rJl~1 :'f~r'.I(.'" ('_'II\..I'.t J.I: IRIDIU~,1 . ' ' . '. .... 'cri' '. ,"" USING IRIDIUM · PRODUm AND SERVICES + About Iridium 9505A Portable Satellite Phone What is it? Functionally similar to the Iridium 9505, this latest offering introduces some minor product changes, It is significantly smaller, lighter and more resistant to water, dust arid shock than the original Iridium 9500 and is ideal for industrial or rugged conditions, yet appealing to the traveling professional, Why do you need it? Business, adventure, or pleasure, you can stay in touch across seas and time zones, in remote locations and on the go. One telephone number, through the use of a mini personal subscriber identity module (SIM) card, can help keep you connected. Features . Quick Access Interface . Water, shock & dust resistant for rugged environments . Data Capable (use your satellite phone to transmit and receive data with an optional RS232 adapter) . 21 language choices for prompts . HeadsellHands-free capability Talk Time Features . Provides up to 30 hours of standby time . Provides up to 3.2 hours of talk time Display . 4 x 16 character Illuminated Graphic Display Calling Features . Call Barring . Call Forwarding - Unconditional, mobile subscriber busy, subscriber not reachable . Clear Last DigillClear All Digits . Fixed Dialing . International Access Key Sequence (+ key) . Mailbox for Numeric & Text Messages (160 characters) . Quick Access Interface . Selectable Keypad tone (3 choices) . Selectable Ringer tone (10 choices) . Keypad Disable . Two-way SMS capability . Unanswered Call Indicator . Volume Adjustment (earpiece or ringer) Memory . 100 Alpha and Numeric Memory Storage . Last 10 Numbers Dialed . Name Storage . Memory Scroll by Location . 32-Digit Number Capacity Phone Book . 16-Digit Name Tag . One-Touch Dialing . Subscriber Identity Module Card (additional memory storage) Visual/Alert Features . Signal Strength Meter . Battery Meter (always shown in display) http://www.iridium.comlproduct/irijlroduct-detaiLasp ?productid=5 07 IIIDlIM SATD.UlE Highlights and Features Specifications Related Accessories 6/1412006 Iridium - Products Page 2 of: . Illuminated Keypad . Low Battery Warning . Status Review of Features . Visual Display of Volume Settings Usage Control Features . Automatic Display Call Timer . Automatic Lock . Call Restrictions . Display Call Timers (last call/ total calls) . Display/Change Unlock Code . Subscriber Identity Module PIN Availability (security code) 9505A Phone Exchange @ 2006 Iridium Satellite L!-C I Privacy Statement ONE SYSTEM, GLOBALLY. http://www.iridium.comlproduct/iri -product-detail. asp ?productid=507 6/14/2006 iridium 9505 To Go Kit : (satellite Phones and Satellite Services) . About Iridium . Rate Plans . Iridium Coverage . .Irldlum Rental Program . Iridium SMS . Order Forms . Service agreements <--- Back to Land Portable products table ------------------------------------------------------------------------------------------------------------- Iridium BRAND NEW 9505A To Go Kit Price: $1,445.00 InCludes: . 9S0SA Phone . PEL-l300 Pelican Case . Int'l. AC Travel . charger & plug kit . High Capacity Battery . Portable Auxiliary Antenna . Antenna Adapter . DC Cigarette Lighter Adapter, . Earpiece . Leather Case . User's Guide. . 1 year warranty - Accessories VIEW IRIDIUM RATE PLANS Home I Products I Services I Support I Dealers I Rentalsl Pelican Cases I Contact US GMPCS Personal Communications 1501 Green Rd. Suite A-B I Pompano Beach, FL 33064 USA Phone: +1-954-973-3100 I FAX: +1-954-973-4800 http://www.gmpcs-us.com/products/iridium/iridium_9505A_TO_GO_KIT.htm 6/14/2006 Iridium - Products Page 1 of~ I \ly.qJ[ Illdll.llll 11'11 ~llrldll.lrll 1:11\11 (..1 IrldlUrll CW.,l','r11':'1 :":1'.1'.'::' C'IJI!,j'.I. U: IRIDIUI\1 USING IRIDIUM.'PRODUcTsAND SERVICES + About Iridium IIIDlIMSA1EWTE AeroAntenna Portable Auxilary Antenna Related Accessories Highlights and Features .., 9505A In-Vehicle Hands Free RST978 Suits Iridium lli.5A Handheld, The RST978 In-vehicle kit provides full hands free operation for the Iridium Handheld 9505A Satellite Telephone, In-vehicle hands-free enables the user to have a professional in-vehicle installation for the Iridium network with the added benefits of having away from vehicle communications, .1/1:......".'...'......... ...".... ..... ...:......,..... '" ,. Contact Information AeroAntenna Technology, Inc, 20732 Lassen Street Chatsworth, California 91311 USA Phone: +1.818,993.3842 Fax: +1.818.993.4525 Sales@Aeroantenna,com http://www.aeroantenna.com! Market Applications The In vehicle kit can be deployed into various markets and applications. The complete kit is easily installed into most types of vehicles Installation Selecting an appropriate antenna and antenna cable for the installation is very important for optimum performance, The speaker, microphone and cable assemblies are all supplied with the kit, however you must choose an optional mounting cradle for the handset, antenna and antenna cable suitable for the applications. Full In-vehicle Integration The Beam In vehicle kit allows for a quality semi-permanent installation to the vehicle. The antenna, microphone and speaker are simply installed in a convenient location within the vehicle and then handset is installed in the cradle once required for use. Handset Charging When the 9505 is connected to the in vehicle cable assembly I hands free the 9505 battery is charged whilst the vehicles ignition is on. 9505A Functionality The 9505A will support all the standard functionality whilst being used with the Beam In- vehicle kit. The in-vehicle installation will also work in conjunction with the 9505A data connector if required. The major advantage of an in-vehicle kit is the hands-free use along with the permanenUy installed http://www.iridium.com/productliri -product-detai1.asp?productid=432&method=accessory&accessoryid=513 6/14/2006 rrldium' - Products Page 2 of:: antenna for increased call quality and signal penetration, Intelligent Hand$etlnterface The In-vehicle kit supports the optional Beam Intelligent Handset, RST970. The handset supports voice calls as well as utiliiing the Iridium SMS service. The handset is compact and includes an inbuilt ring alert. The handset also enables a private in vehicle conversation. Alert I Tracking Interface The In vehicle Hands-free is capable of being used in conjunction with one of the Beam TrackALERT interface units and the data connector for a 9505A handset. This will support deployment for tracking, monitoring and emergency alert installations whilst providing the convenience of full hands free operation. Features . Convenient Hands-free Operation . Supports Intelligent Handset . Handset Charging . Horn Alert Integration . 11-32V DC hiput . Supports Voice & Data Services . Full Duplex Hands-free Operation . Echo Cancellation . Stereo Integration Possible . Supports DC Power Input . Convenient Installation Specifications Voice I Data Modem Type Voice Data Hayes Compatible Intelligent Handset voice Full duplex Hands-free Circuit Switched 2400 bps Direct Internet 10kbps Short Burst Data Compliance EMC Compliance C- Tick and A-Tick, CE mark Environmental Operating Temperature Range Operating Humidity Range Storage Temperature O.C to +55.C ambient <85% RH non-condensing -30C to + 70C PhysIcal Weight Dimensions 400 grams 195x80x45 Other Related Accessories http://www.iridium.com/product/iri -product-detai1.asp ?productid=432&method=accessory&accessoryid=513 6/14/2006 Iridium - Products Page 3 or:: . 9500 Portable Phone . 9505 Portable Phone . 9522A Beam Data Module: RST600 . 9522A L-Band Transceiver . Beam 9505A IntelliDOCK DockinQ Station RST31 0 . Beam Fixed In-vehicle Telephone RST620 . Beam IntelliQent Handset RST970 . Beam In-Vehicle Hands-Free RST973 . Beam Remote Satellite Terminal: RST100 . Beam Voice Data Module: RST61 0 . Mobile Asset TrackinQ Terminal (MATT) Unit . Sky Connect Indoors . Sky Connect Marine . Sky Connect Mobile . Voice and Data lVaD) Unit @2006lridium Satellite LLC I Privacy Statement ONE SYSTEM, GLOBALLY. http://www.iridium.com/product/iri ---product-detail. asp ?productid=432&method=accessory&accessoryid=513 6/1412006 Iridium -= Products Page 1 of ~ \b~l[lllrldlurll I)'II~! IrldlUfll r:ll\11 qllldll.lrll CI.I:-['_'III-=I ::;1=I'olr" CUlildd U:. IRIDIUr...1 USING IRIDIUM · PRODUCTS AND SERVICES Beam 9505A IntelliDOCK Docking Station RST31 0 The Beam IntelliDOCK RST31 0 docking station provides access to intelligent communication services from a standard 9505A handheld Iridium terminal. The IntelliDOCK Remote Satellite Terminal is a highly featured communications device providing intelligent voice, data and messaging communications. . Market Applications The RST31 0 is designed for all remote communications applications for mobile or fixed use, These markets include Maritime, Transport, Defence, Emergency Services, Mining, Construction, and Recreational users and the like. RJ-11 I PSTN Emulation The RST310 provides an intelligent RJ11/POTS interface emulating all the standard features of a PSTN (Public Telephone Service) telephone service. The user operates the connected equipment as though using a standard telephone connection, as the unit is equipped to provide selectable line voltages and currents for ring and service tones, along with off-hook detection. The Intelligent interface allows for easy installation providing flexibility for maximum run cable length from the RJ11 port as well as the use of cordless and corded telephone equipment. Intelligent Handset Interface The RJ-45 Connector enables the use of an Intelligent handset for compact convenient including built in ring alert and SMS functionality. PBX Iln-buildlng Integration The Remote Satellite Terminal can be easily integrated into a PBX system using the RJ11 connectivity. This enables calls to be made or received from any extension within a building via the' satellite network. In-building integration is ideal for lower costs satellite to satellite calling as well as emergency backup to the PSTN networks Alert I Tracking Interface . The RST310 is capable of supporting the Beam TrackALERT interface. This will support deployment for tracking, monitoring and emergency alert installations. The TrackALERT interfaces are available with inbuilt or external GPS receivers. SMS POTS Support The Beam Remote Satellite Terminal allows the use of an SMS POTS handset. SMS POTS is a new feature that enables s~ected standard type telephone handsets to support SMS functionality previously only available on more expensive Intelligent Type handsets. The specialised handsets connect to the RST310's RJ11 connector and .enable SMS messages to be sent, received and stored in the same way as a cellular phone operates. Cordless and corded options are available. Specialised. Installations The RST31 0 can easily be adapted to be used in conjunction with specialised installations. Some of these applications include card or coin Payphones, Rural Community and Highway Emergency applications. Voice Services The RST31 0 provides access to all Iridium voice services, these services include: IIIDlIMSlllWn Highlights and Features http://www.iridium.com/product/iri '-product-detaiL asp ?productid=512&method=accessorycatalog 6/14/2006 Iridium .. Products Page 2 of i. . Standard RJ11 Handset Voice Calls . Intelligent Handset Voice Calls . Crew Calling . Post Paid I Pre-paid Calls Data Services A serial interface for PC connection and two way SMS provides access to the following Iridium data services: . Dial-Up Data Service . Direct Internet Data 10-12 Kbps . Short Message Service (SMS) .. Short Burst Data (Selected Providers) Power Inputs I Backup Battery The RST terminal is supplied with a universal AC power supply. The unit can also be connected directly to an 11-32V DC input. An optional Beam Battery Backup, can provide 24 hours standby time and 2 hours of talk time. The terminal is also capable of being Solar Powered. Configuration The RST31 0 is installed with proprietary firmware that enables quality management and configuration of the terminal at anytime. The terminal is controlled using a user front end called the Beam Management System (BMS). The terminal can be configured either locally using the BMS or remotely using SMS commands. This is ideal for remote parameter changes, diagnostics and configuration. The unit is supplied with generic international defaults, however many of the parameters can be configured for local or specialised customisation Phone Number Processing The RJ11 Port is capable of being programmed to pre-empt such dialing codes as the international access of .00. country codes and or area codes. The intelligent number processing is ideal for various applications to enable ease use by any user. It is also possible to enable the programming of direct Emergency Number Numbers and short code voicemail box numbers as required. In.vehicle Use The major benefit of using the RST31 0 for a vehicle environment is the flexibility to use a cordless handset for away from vehicle communications, ideal for emergency vehicles and where ever constant communication is required. The optional In-vehicle hands-free kit for the RST310 provides the flexibility of having a fully integrated system into any type of vehicle for safe hands-free use. Features . Connect to PBX I Standard Phones . Iridium Voice & Data Services . SMS I SMSMO . SMS POTS Capable . Voice Mail . Crew Calling . . Ship Security Alert System, Capable . Tracking & Monitoring Capable . Intelligent Processor & Interface . Phone Number Processing . Line Reversal for Pay phone use . Secure SIM Card Enclosure . Supports Intelligent Handsets . Remote or Local Master Reset . Local and Remote Configuration http://www.iridium.comfproduct/iri -'product-detaiL asp ?productid=512&method=accessorycatalog 6/14/2006 Iridium.- Products Page 3 of ~ . External Ringer available . Supports Back up Battery / Solar . Incorporates Call Logging . Optional In-Vehicle Hands-Free Kit . Fully Certified Specifications Electrical Power Plug-pack 11-32V DC 2.5A 90-250VAC 50/60Hz input Power Consumption (Avg) 12 Volt /24 Volt Standby Mope 0.350A / 0.165A TalkfTransniit Mode O,515A / 0.255A Subscriber Line Interface Ring Equivalence Number Impedance Open Circuit Voltage Ring Voltage RJ11/ POTS 3REN 600 Ohm or TN12 2-wire interface -48V DC+- 5% > 56V RMS Data I Voice Data Circuit Switched 2400bps Direct Internet 10kbps Short Burst Data Intelligent RJ45 Handset Intelligent RJ11/POTS Voice Compliance I EC60945 General Fully Certified, Vibration / corrosion / Heat / cold C- Tick and A-Tick, CE mark Environmental Operating Temperature O.C to +55.C ambient Range Operating Humidity Range <85% RH non-condensing Storage Temperature -30.C to +70.C Physical Weight Dimensions Compliance 2.5 kg 290x225x60mm FuIlIEC60945 Related Products/Accessories . AeroAntenna Fixed Mast Antenna . AeroAntenna Mobile Maanetic Mount Antenna . AeroAntenna Mobile Permanent Mount Antenna . AeroAntenna Portable Auxilarv Antenna . Antcom Helix Antenna . Antcom Laroe Patch Antenna . Antcom Small Patch Antenna http://www.iridium.com/product/iri -'product-detaiL asp ?productid=512&method=accessorycatalog 6/14/2006 Iridium.. Products Page 4 of" . Beam Battery Backup RST050 . Beam POTS/RJ11 Extension Rinoer: RST952 . Customized Antenna Cable Kit @ 2006 Iridium Satellite LLC I Privacy Statement ONE S YSlEM, GLOBAllY. http://www.iridium.com/product/iri -product-detaiL asp ?productid=512&method=accessorycatalog 6/14/2006 Iridium - Products Page 1 of~ O"ljUllllfldll.'fll 11,11 U Ifldlurr! [;[1\11 fllrldlUfll ClI.,[,.,rll-:'1 "':,f'.I'.':, ('.i1I\d' '- 1.1: IRIDIUI\1 USING IRIDIUM · PRODUCTS AND SERVICES + About Indium Beam Intelligent Handset RST970 The Beam Intelligent Handset provides an easy user interface to the Beam terminal. The Intelligent Handset supports, SMS, Message Waiting Indication, Signal Strength metre and various language settings. The Intelligent handset has ring indication and comes complete with cradle. Supports the following Beam Terminals . Beam Remote Satellite Terminal RST100 . Beam Remote Satellite Modem RST200 . Beam I ntelliDOCK for 9505A RST21 0 . Beam In-vehicle Telephone RST620 . Beam Hands-free kit for 9505A RST978 Features . Lightweight . Easily mounted . Multi-language . Adjustable Volume . Adjustable Ringer . Supports SMS Related Products/Accessories . 9505A In-Vehicle Hands Free RST978 . AeroAntenna Fixecl Mast Antenna . AeroAntenna Mobile Maanetic Mount Antenna . AeroAntenna Mobile Permanent Mount Antenna . AeroAntenna Portable Auxilarv Antenna . Antcom Helix Antenna . Antcom Larae Patch Antenna . Antcom Small Patch Antenna . Beam Fixeclln-vehicle Teleohone RST620 . Beam In-Vehicle Hands-Free RST973 . Beam Remote Satellite MocIem: RST200 . Beam Remote Satellite Terminal: RST100 . Beam Voice Data MocIule: RST61 0 . Customized Antenna Cable Kit .IIDI. SA1BU1E Highlights and Features http://www.iridium.com/product/iri j)roduct-detai1.asp ?productid=516&method=accessorycatalog 6/14/2006 City Of Delray Beach Department of Environmental Services MEMORAN D u M www.MyDelrayBeach.com FROM: David T. Harden, City Mana~ / / Randal L. Krejcarek, P.E. ~ 15 June 2006 TO: DATE: SUBJECT: La Hacienda Gardens Park Project # 2005-005 Commission Agenda Item This agenda item is for Commission approval/authorization for the Mayor to execute a contract with Wellington Construction for construction of the La Hacienda Gardens Park improvements. La Hacienda Gardens Park is location in the La Hacienda neighborhood located on the east side of US 1 at NE 14th Street. Two bids were received for this project. Wellington Construction was low with a total bid amount of $173,634.75. The bid tabulation is attached. The engineer's estimate for this project was $208,242. Funding is available from: Neighborhood Park - La Hacienda, #334-4131-572-68.12. The balance in this fund will be $173,634.75 after transfer from the CRA. A location map is attached. Please place this on the 20 June 2006 Commission Agenda. Attachments cc: Richard Hasko, P.E., Director of Environmental Services Carolanne Kucmerowski Agenda File, January 3, 2006 Project File, 2004-055(E) s: IEngAdmin IProjects \2005\2005-005 IOFFICIAL 12006-06-20 agenda memo,doc ~N\o m~~O~s~y~~1 II ~\\\\\\v":~ '&=-~~~~ !- ' ~ li-c--r _ / -IT \~- EASTVIEW AVE.. ~ 7 C--) '\ _ ) I -- I 1,11 \ W =:J h I-=-' r;/ / I,' ,'I I II, II 1 ')(_~-_~_'\\\D .~___~_ II ~- --;---1' I LAK7 /~~UIE N. ~ '\.. '\..1 ~ -= f______JJ_.J ____U I I tI~. =;~ ~ ~ lj N.E. 14TH Sf. (I.AKE AVE.) ./ I II H ~:~.-- '::III;'r ',' 17 J. 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Thank You, Mary A. Young Accountant II -----Original Message----- From: YOung, MaryAnn Sent: Friday, June 16, 20063:11 PM To: Gogreve, Donna Cc: Krejcarek, Randal Subject: FW: La Hacienda Park Afternoon Donna, The below is a synopsis of the CRA funding that is needed to construct La Hacienda Gardens Park Project through today: Advertising Cost: Palm Beach Newspapers $ Design Work: Arcadis G& M Inc. Construction Bid Wellington Construction Total CRA Funding Needed $ 270,00 6,150.00 173.634.75 180,054,75 6/16/2006 Message Page 2 of2 The construction bid to Wellington Construction is going before Commission on 6120/06 for approval. After Commission approve the construction contract, Finance will invoice the CRA in the amount of $180,054.75, I will send you supporting documentation for your project file via inter-office mail. If you need anything else, please e- mail me, These costs are calculated as oftoday and may increase once the project commences. Have a great weekend, Mary A. Young Accountant II Finance Department -----Original Message----- From: Krejcarek, Randal Sent: Friday, June 16, 20062:56 PM To: Young, MaryAnn Cc: Colonna, Diane Subject: La Hacienda Park MaryAnn, I have spoken with Diane Colonna and she has indicated that the CRA will cover the balance of this project. Randal L. Krejcarek, P,E, City Engineer City of Delray Beach, FL 434.$0 ~ton,Ave Delray 13each, FL 33444 Phone: 561,243,7322 Fax: 561.243.7314 http://www.MyDelrayBeach.com Tratic'\:Jpdates: http://www.m..ydelraybeach.comIDelraylDepartmentslEnvironmental+Services/Quick+Links/Proiect+Status.htm 6/16/2006 FROM: DAVIDT. ~~ ~GER PAUL DORLlNG, DIRECTOR &LANNIN1 AND ZONING SCOTT D. PAPE, SENIOR PLANNER /~ > r<-- MEETING OF JUNE 20, 2006 CONSIDERATION OF WAIVER REQUESTS ASSOCIATED WITH THE CLASS V SITE PLAN FOR SEAGATE RESIDENCES LOCATED AT THE SOUTHWEST CORNER OF STATE ROAD A1A AND CASUARINA ROAD (400 SOUTH OCEAN BOULEVARD). TO: THRU: SUBJECT: At its meeting of AprilS, 2006, the Site Plan Review and Appearance Board approved the Class V development proposal to construct a 3-story multiple family structure that contains 30 dwelling units, The development proposal included waivers to the following sections of the Land Development Regulations, which requires approval by the City Commission: 1, LOR Section 4.4,6(H)(3), which requires recreational facilities for children of all ages, 2. LOR Section 4.6,9(O)(3)(c)(1), which requires a 50-foot stacking distance at all driveways. The Site Plan Review and Appearance Board considered these two waivers and recommended approval of each to the City Commission, Pursuant to LOR Section 2.4,7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Recreation Waiver: Pursuant to LOR Section 4.4,6(H)(3) (Special Regulations), recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets or common areas, New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges, Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children, A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than 25 units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply, The proposed development does not provide recreational facilities for toddlers or older children, The applicant has submitted a waiver request from providing the required recreational facility, and has submitted the following narrative in support of the waiver request: n. . ,As you will note, the site plan includes an area for recreation on the property associated with the residences (including a swimming poo/). The ownership of a Residence will also include a membership at 91\ City Commission Documentation Meeting of June 20, 2006 Seagate Residences Site Plan Waivers the Beach Club. Due to the proximity of the beach, and the various activities associated with the Beach Club, to the Residences, we hereby request a waiver of the requirement to provide a specific tot lot at the site of the Residences..." Waiver Analvsis: Given the proximity to the public beach, accessibility to the private beach club, and the intensity of the proposed development (30 dwelling units), the Site Plan Review and Appearance Board supported the waiver of recreational facilities for older children and toddlers. Based on the above a positive finding can be made with respect to LOR Section 2.4,7(B)(5), Stacking Distance: Pursuant to LOR Section 4,6,9(O)(3)(c)(1), a 50-foot stacking distance is required between Gleason Street and the cross drive aisle, while a distance of only 27 feet is provided, The applicant has submitted a waiver request to reduce the required stacking distance accordingly, and has submitted the following narrative in support of the waiver request: Ii. .. We are requesting a reduction in the stacking distance to the first aisle way from Gleason Street entrance based on the following reasons: 1) The aisle way goes to a parking area of 27 spaces, Per the above code for parking lots of 21-50 spaces the required stacking distance is only 20' and we have 27' to the first aisle way. 2) The Gleason Street entrance is a second means of accessing the parking area. 3) We have provided over 50' of stacking to the first parking space at both parking entrances, so the actual stacking distance is over 50'. Based on these reasons we feel it is justifiable to grant the reduction in the stacking distance from 50' to 27' for the parking entrance off Gleason Street to the first aisle way." Waiver Analvsis: The proposed parking facility provides two driveways, one on Casuarina Road and one on Gleason Street. As the applicant has indicated, a stacking distance of over 50 feet is provided from Gleason Street to the first parking space in the dead-end parking tier, The stacking distance to the rest of the parking facility is over 80 feet from Gleason Street. Given the dual points of vehicular access to the property and the effective stacking distance to the first parking space, a waiver can be supported, Based on the above a positive finding with respect to LOR Section 2.4,7(B)(5) can be made, By separate motion: 1, Approve a waiver to LOR Section 4.4,6(H)(3), which requires recreational facilities for toddlers and older children, based on a positive finding with respect to LOR Section 2.4.7(B)(5). 2, Approve a waiver to LOR Section 4,6,9(O)(3)(c)(1), to reduce the required 50-foot stacking distance to 27 feet along Gleason Street, based on a positive finding with respect to LOR Section 2.4.7(B)(5), Attachment: Staff Report dated April 5, 2006 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTED BY SEAGATE RESIDENCES 1. These waiver requests came before the City Commission on June 20, 2006. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver requests of Seagate Residences. All of the evidence is part of the record in this case. 3. a. Recreation Waiver: Per LDR Section 4.4.6(H)(3), recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets or common areas. b. Stackino Distance: Per LDR Section 4.6.9(D)(3)(c)(1), a 50' stacking distance is required between Gleason Street and the cross drive aisle, but a distance of only 27' is provided. Waivers: Pursuant to LDR Section 2.4,7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Should the recreation waiver be granted? Yes No Should the waiver be granted for the stacking distance? Yes No 4. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the waiver request was submitted and finds that the determinations made herein are consistent with the Comprehensive Plan. 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 which supports the findings set forth in this Order, 6. Based on the entire record before it, the City Commission approves _ denies _ the waiver requests 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 2 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: April 5, 2006 V.C. Seagate Residences - Class V Site Plan, Landscape Plan, and Architectural Elevations Associated with the Construction of 30 Multiple Family Dwelling Units. GENERAL DATA: Owner..................................,.,.... HH Properties I Applicant.. . .. ............................. H HC Florida Agent............................... .... Tom Carney Location...................................... Southwest corner of State Road A1A and Casuarina Road (400 South Ocean Boulevard). Property Size.............................. 2.73 Acres Future Land Use Map............... MD (Medium Density Residential 5- 12 du/ac) Current Zoning............................ RM (Medium Density Residential) Adjacent Zoning................North: RM East: RM South: R-1-AAA West: RM Existing Land Use...................... Hotel Proposed Land Use.................... Construction of 30 multiple family residential units. Water Service............................. Existing on site. Sewer Service............................. Existing on site. lLL~ -- -!t' --0:- a J: hr.. ~ ~~ r- -- I II EffffEj Y ==~ =~ I ~THE '"' -ffiE ~€!~.l w~ / f--~ / / ~~ i-: ~ VI ~ Y crrEfERO' c j7 'SS~ RD / ----j ) --/ TAt.lARINO RO. t-- - 01 m~ BAUIflNIA ~OAO J lo! lLJ <: '" I- ~ '" ~ AZAlEA RD. I- ~\ II} f--- 1--- !---"-- N _ ~scts :::JlIim rfl I v. C. The action before the Board is approval of a Class V site plan request for Seagate Residences pursuant to LOR Section 2.4.5(F). The request involves the following elements: o Site Plan; o Landscape Plan; and o Architectural Elevations. The property is located at the southwest corner of State Road A 1 A and Casuarina Road [400 South Ocean Boulevard]. The subject property consists of Lots 1 through 7, Block 2, Seagate Section "A" subdivision and contains 2.73 acres. The property contains three structures that were built between 1948 and 1960 and are utilized as a hotel. A Class V site plan application has been submitted for a new multiple family residential development and is now before the Board for action. The development proposal consists of the following: ~ Demolition of the existing structures and construction of a 30-unit, three story multiple family structure that includes ground floor parking comprised of 3, 4, and 5-bedroom units. ~ Construction of a common swimming pool and lanai with restroom facilities; and ~ Installation of associated landscaping. The site plan application includes a waiver request to the following sections of the City's Land Development Regulations: 1. LOR Section 4.4.6(H)(3), which requires recreational facilities for children of all ages. 2. LOR Section 4.6.9(D)(3)(c)(1). which requires a 50-foot stacking distance at all driveways. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 2 LDR Section 4.4.6 RM Zone District: Pursuant to LDR 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. LDR Section 4.4.6(1) Performance Standards: Pursuant to LDR 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 development is 10.99 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 proposed development does not contain an interior street network. Therefore, this performance standard does not apply. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The building has numerous plane changes along the. public rights-of-way. Further, the setbacks along the south and west sides have been significantly increased beyond the minimum required. The plane changes and increased setbacks will reduce the overall SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 3 massing of the development. Based on the above, a finding can be made that the development substantially complies with this performance standard. (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 all four sides by public rights-of-way. Consequently, this performance standard does not apply. (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 building is a contemporary interpretation of the vernacular style. The building includes significant plane changes, particularly along the east side. The roof includes variations consisting of hip and gable features. The roof of the lobby entrance along the east side of the property includes a cupola. The roof line includes dormers along the north and east elevations. The roof will be finished with standing seam metal. The windows are varied with single, double and triple sets of windows. The treatments of the windows have also been varied with transoms, sills, and decorative sills. The balconies contain variations in decorative railings and decorative brackets. The proposed elevations include a mixture of sliding glass doors and French doors at the balconies. In the interest of providing a superior product, it is recommended that the sliders be replaced with French doors and this is attached as a condition of approval. Based on the above analysis, a finding can be made that the development is consistent with this performance standard subject to the replacement of the sliding glass doors with French doors. (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. 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: 3 bed room 3 bedroom 4 bed room 4 bedroom 3 bedroom 3 bedroom 4 bedroom 3 bed room 5 bedroom 3 bedroom TOTAL # OF UNITS 1,816s .ft. 2,300 sq.ft. 3,691 s .ft. 2,765 s .ft. 2,204 s .ft 2,235 s .ft. 2,971 s .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. 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 standards. 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 A 1 A, Casuarina Road, Gleason Street, and a portion of Bucida Road. The applicant has indicated that extending the sidewalk along Bucida Road to State Road A1A 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. SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 5 In conclusion, the applicable performance standards are (b), (d), and (g). A finding can be made that the proposed development complies with these performance standards. In order to make finding of compliance with standard g, a condition of approval is attached that the applicant extend the sidewalk along Bucida Road. Since the development complies with all three of the applicable performance standards with all conditions satisfied, a density increase to 10.99 dwelling units per acre can be supported. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LOR Section 4.3.4(K) as it pertains to the Medium Density Residential (RM) zone district: Front (State Road A1A) Front (Gleason Street) Side Street (Casuarina Road) 1 st & 2nd Stories Side Street (Gasuarina Road) 3rd Sto Side Street (Bucida Road) 1s & 2nd Stories Side Street (Bucida Road) 3r Sto Three Bedroom Unit Four & Five Bedroom Unit 30' 30' 25' 68'8" 3D' 68'8" 1,250 sq.ft. 1,816 sq.ft. 1,500 sq.ft. 2,765 sq.ft. 40% 39% 25% 33% LDR Section 4.6 (Supplemental Reaulations): Parking: Pursuant to LOR Section 4.6.9(C)(2)(c), 73 parking spaces are required for this 3D-unit multiple family development. The proposed development has exceeded this requirement since 157 parking spaces are provided in the covered and surface parking areas. Thus, the requirement has been met. It is noted that the excess parking will be utilized by the Seagate Beach Club, located across the street on the east side of State Road A 1 A, for valet parking. A condition of approval is attached that a fully executed tri-party agreement be submitted that delineates the parking relationship between the beach club and residences. It is noted that this agreement must be accepted by the City Commission and recorded in the official records of Palm Beach County prior to certification of the site plan. Further, a condition of approval is attached that 73 parking spaces for the units be reserved, and that these spaces be graphically depicted as reserved on the plans. SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 6 Standard Aisle Width: Pursuant to LOR Section 4.6.9(O)(4)(d), the standard aisle width is 24 feet and the maximum aisle width is 26 feet. The proposed aisle width adjacent to the handicap accessible parking spaces within the garage is approximately 37 feet. A condition of approval is attached that this drive aisle be reduced to a maximum width of 26 feet. Maneuvering Area: Pursuant to LOR Section 4.6.9(O)(4)(c), a 6-foot by 24-foot maneuvering area is required for dead-end parking bays. The proposed seven-space parking bay adjacent to the lobby does not provide the required maneuvering area. Vehicles will be forced to back-out into the cross drive aisle or make a multi-point turn to leave this parking tier in a forward manner. A condition of approval is attached that the three end parking spaces be eliminated and a 6-foot by 24-foot maneuvering area be provided in the area of the spaces near the lobby as noted. Other Issues: Visibility at Intersections: Pursuant to LOR Section 4.6.14(A)(2), a 40-foot visibility triangle is required at the intersection of two public rights-of-way. These visibility triangles have not been graphically depicted on the plans. It is noted that the proposed 6-foot high wall at the intersection of State Road A1A and Bucida Road appears to encroach into the required visibility triangle. Thus a condition of approval is attached that the required 40-foot visibility triangle is depicted on all plans and that any obstructions are relocated. Site Illumination: Pursuant to LOR Section 4.6.8(A)(1), the maximum permitted height of light fixtures and poles is 25 feet. An elevation detail needs to be provided on the photometric plan that indicates the height of the light poles and fixtures and this is attached as a condition of approval. The photometric plan indicates that the lighting levels generally comply with the City's illumination requirements. However, the illumination levels at the pool area exceed the maximum illumination level of 4 foot candles. A condition of approval is attached that the illumination in this area be reduced accordingly. The illumination within the garage exceeds the City's illumination standards of 4 foot candles. This is not a concern since this facility is covered. However, the illumination level within the interior perimeter garage should be reduced to 4 foot candles since the lattice openings will allow spillage outside of the garage and this is attached as a condition of approval. Further, the illumination levels at the garage entrances exceed 70 foot candles. While the illumination levels at garage entrances are typically elevated for safety purposes, these illumination levels appear to be excessive. A condition of approval is attached that the illumination levels at these entrances be reduced to 35 foot candles and that a elevation detail be provided that demonstrates that these fixtures will be completely screened by a fascia board or some other architectural feature. SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 7 The applicant has submitted two waiver requests associated with this proposal. One waiver pertains to providing recreational areas, while the other pertains to stacking distance. Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Ooes not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Recreation Waiver: Pursuant to LOR Section 4.4.6(H)(3) (Special Regulations), recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than 25 units may be exempted from this standard where it is determined by the approving that it is not practical or feasible to comply. The proposed development does not provide recreational facilities for tots or older children. The applicant has submitted a waiver request from providing the required recreational facility, and has submitted the following narrative in support of the waiver request: ". . .As you will note, the site plan includes an area for recreation on the property associated with the residences (including a swimming pool). The ownership of a Residence will also include a membership at the Beach Club. Due to the proximity of the beach, and the various activities associated with the Beach Club, to the Residences, we hereby request a waiver of the requirement to provide a specific tot lot at the site of the Residences... II Waiver Analvsis: Given the proximity of the proposed development to the public beach, it is reasonable to waive the requirement for older children. However, a recreational facility for younger children should be provided on site since the beach club does not provide specialized facilities for tots SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 8 and is located across a busy highway, which would create an unsafe situation. A tot lot or wading pool needs to be provided on site and is a condition of approval. Based on the above a positive finding with respect to LDR Section 2.4.7(B)(5) can be made subject to the condition of approval that a recreational facility is provided for younger children. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), a 50-foot stacking distance is required between Gleason Street and the cross drive aisle, but a distance of only 27 feet is provided. The applicant has submitted a waiver request to reduce the required stacking distance accordingly, and has submitted the following narrative in support of the waiver request: "... We are requesting a reduction in the stacking distance to the first aisle way from Gleason Street entrance based on the following reasons: 1) The aisle way goes to a parking area of 27 spaces. Per the above code for parking lots of 21-50 spaces the required stacking distance is only 20' and we have 27' to the first aisle way. 2) The Gleason Street entrance is a second means of accessing the parking area. 3) We have provided over 50' of stacking to the first parking space at both parking entrances, so the actual stacking distance is over 50'. Based on these reasons we feel it is justifiable to grant the reduction in the stacking distance from 50' to 27' for the parking entrance off Gleason Street to the first aisle way." Waiver Analvsis: The proposed parking facility provides two driveways, one on Casuarina Road and one on Gleason Street. As the applicant has indicated, a stacking distance of over 50 feet is provided from Gleason Street to the first parking space in the dead-end parking tier. The stacking distance to the rest of the parking facility is over 80 feet from Gleason Street. Given the dual points of vehicular access to the property and the effective stacking distance to the first parking space, a waiver can be supported. It is noted that the last parking space adjacent to the maneuvering area in this dead-end parking tier needs to be striped-out and this is attached as a condition of approval. Based on the above a positive finding with respect to LDR Section 2.4.7(B)(5) can be made Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to building permit submittal. 1. That a permit from the Florida Department of Transportation for the work within the right-of-way be submitted prior to issuance of a building permit 2. That a plat be recorded prior to issuance of a building permit. SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 9 3. That written approval is submitted from all easement holders for the proposed improvements within the 2' utility easement along the west side of the property. 4. Provide a composite utility plan that shows the location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage) and landscaping. That all conflicts between landscaping and utilities/easements are resolved in accordance with direction by the City Horticulturalist and City Engineer. 5. That the 6-inch water main along State Road A 1 A be connected to the 10-inch water main Gleason Street (extended along Casuarina Road). 6. That a note be added on the engineering plan and landscape plan that there shall be no trees or shrubs installed within water, sewer or drainage easements. 7. That a 10-foot general utility easement to be provided through the property. 8. That a note is added to the site plan that indicates all service utilities will be located under ground. 9. That the property retains storm water drainage. The site is required to retain 5 year 1 hour storm (3.2") in addition to water quality criteria (1"). 10. That all sidewalks be a minimum of 5'-wide and concrete within the public right-of-way, and extend through driveways. That City details be used for sidewalks through driveways. A landscape plan has been submitted and evaluated by the City Horticulturalist. The landscape plans provide for perimeter and interior landscape areas in addition to building foundation landscape areas. A condition of approval is attached that the applicant will need to enter hold-harmless and maintenance agreements for the landscaping within the public right-of-way in accordance with direction by the City Engineer. The City Horticulturalist found that the proposed landscape plan substantially complies with the City's Land Development Regulations (Section 4.6.16), provided the conditions are addressed. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. That trees be relocated out of the sight visibility triangles in accordance with direction by the City Engineer and City Horticulturalist. 2. That a note be provided on the landscape plans that there be no trees or shrubs placed within water, sewer or drainage easements. SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 1 0 3. That the landscape plan note the location of the sidewalk within the right-of-way at north end of property. The plan indicates that the sidewalk will be located on private property. 4. That conflicts between landscaping and utilities, lighting and drainage facilities be resolved in accordance with direction by the City Engineer and City Horticulturalist. 5. That all landscaping exceeding 36-inches in height be relocated out of the required sight visibility triangles. Pursuant to LOR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. As noted previously, the architectural style of the building is a contemporary interpretation of the vernacular style. The color of the primary stucco walls is a very light grey. The cementitious siding will be a darker grey. The fascia, windows, columns, and railings will be painted a cream color. While the color scheme is elegant, the Board may want to require revision of the color scheme to introduce a more vibrant color palette. Another option the Board may want to consider is to require that the two primary grey wall colors be a bit bolder in order to provide a better definition and presence of the building. Based on the above and the analysis in the Performance Standards section of this report a positive finding with respect LOR Section 4.6.18(E), subject to the conditions of approval and approval of the color scheme by the Board. Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 following areas: SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 11 Section 3.1.1 (A) - Future land Use Map: The subject property has a Future Land Use Map designation of MD (Medium Density 5-12 du/ac) and is currently zoned RM (Medium Density Residential). The RM zone district is consistent with the MD Future Land Use Map designation and the proposed multiple family development is allowed as a permitted use in the RM zone district [ref. LDR Section 4.4.6(8)(3)]. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the land Development Reaulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDR's can be made, provided the conditions of approval are addressed. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy and objective are noted. Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. This item was previously discussed under Special Regulations - RM zone district. The applicant has submitted a request to waive this requirement. Given the proximity to the municipal beach, a waiver can be supported for older children. However, given the number of four and five bedroom units, a facility for younger children should be provided such as a tot lot or wading pool. Future land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The existing use of the property is a hotel. Redevelopment to a 30-unit condominium will reduce the impact on the surrounding community. Further, the construction of additional parking spaces should relieve the insufficient parking of the beach club. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family development. SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 12 Housina Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, there is a concern with respect to the lighting levels. This will be addressed via the reduction of the illumination levels within the covered parking area and screening of the light fixtures. Housina Element Policy B-2.6 - Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal is located outside the CBD and TCEA area. However, elimination of the hotel and construction of condominiums will have a positive effect on the surrounding residential neighborhood. Section 2.4.5(F}(5} (Site Plan Findinas): Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of Chapter Three, the approving body must make a finding that the development of the property pursuant to the site plan will be harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered by the RM zone district to the north, east, and west, and R- 1-AAA (Single Family Residential) to the south. The surrounding land uses are multiple family to the north and west; Seagate Beach Club to the east; single family and vacant to the south. The proposed redevelopment will eliminate a nonconforming use, which will have a positive impact on the surrounding residential neighborhood. If approved as recommended, the proposed development will not have an adverse impact on the surrounding residential neighborhood. Based on the above, a positive finding with respect to LDR Section 2.4.5(F)(5) can be made. The development proposal is not within a geographical area reqUiring review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 13 Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: . Neighborhood Advisory Council . Chamber of Commerce . Progressive Residents of Delray . Beach Properties Owners Association . Via Marina . Presidents Council Letters of objection or support, if any, will be presented at the SPRAB meeting. The redevelopment of the subject property will eliminate a nonconforming use from the residential neighborhood. The proposed condominium building will reduce the intensity of the property and is compatible to the multifamily neighborhood to the north and west. The relationship of the existing beach club will need to be addressed as it relates to the use of the surplus parking spaces with the submission of the property owners documentation. A positive finding can be made with respect to LDR Section 4.4.6(1)[Performance Standards], LDR Section 4.6.18(E)[Building Elevations], policies of the Comprehensive Plan, Chapter 3 and LDR Section 2.4.5(F)(5). A. Continue with direction. B. Move approval of the request for waivers and Class V site plan, landscape plan and architectural elevations for Seagate Residences, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 4.4.6(1)[Performance Standards], 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers and Class V site plan, landscape plan and architectural elevations for the Seagate Residences, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 4.4.6(1)[Performance Standards], 2.4.7(B)(5) and Chapter 3 of the Land Development Regulations. Waiver: 1. Move a recommendation of approval to the City Commission of a waiver to LDR Section 4.4.6(H)(3), which requires recreational facilities for older children, based on a positive finding with respect to LDR Section 2.4.7(B)(5). SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 14 2. Move a recommendation of approval to the City Commission of a waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce the required 50-foot stacking distance 27 feet along Gleason Street. Site Plan Move approval of the request for Class V site plan approval for Seagate Residences, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5), 4.4.6(1) [Performance Standards] and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans; 2. That the sliding glass doors be replaced with French doors; 3. That a recreational facility is provided for younger children; 4. That the last parking space adjacent to the maneuvering area in the dead-end parking tier at the southwest corner of the property be striped-out; 5. That the sidewalk along Bucida Road be extended to State Road A-1-A in accordance with direction by the City Engineer if warranted due site conditions; 6. That a fully executed tri-party agreement be submitted that delineates the parking relationship between the beach club and residences. The agreement must be accepted by the City Commission and recorded in the official records of Palm Beach County prior to certification of the site plan; 7. That the 73 parking spaces for the residential units are reserved and graphically depicted on the plans; 8. That the three end parking spaces within the dead-end parking bay are eliminated and a 6-foot by 24-foot maneuvering area is provided; 9. That the required 40-foot visibility triangle is depicted on all plans and that any obstructions are relocated; 10. That an elevation detail be provided on the photometric plan that indicates the height of the light poles and fixtures (25-foot maximum height); 11. That the illumination levels at the pool area be reduced to a maximum illumination level of 4 foot candles; SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 15 12. That the illumination level within the interior perimeter of the garage be reduced to 4 foot candles; 13. That the illumination levels at the garage entrances are reduced to 35 foot candles and that an elevation detail be provided that demonstrates that these fixtures will be completely screened by a fascia board or other architectural feature; and 14. That the drive aisle be reduced to a maximum width of 26 feet. Landscape Plan Move approval of the request for landscape plan approval for the Seagate Residences, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. Address all Landscape Technical Items and submit three (3) copies of the revised plans; and 2. That a hold-harmless and landscape maintenance agreement are executed and recorded for the landscaping within the public right-of-way. Architectural Elevations Move approval of the request for architectural elevations for Seagate Residences, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Appendix A Appendix B Site Plan, Landscape Plan, and Building Elevations Report prepared by: Scott Pape. Senior Planner SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 16 Pursuant to Section 3.1.1 (B) 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: Water and Sewer: D Water service will be provided via lateral connection to an existing 8 inch water main along Seagate Drive. D Adequate fire suppression will be provided via existing fire hydrants along Seagate Drive and State Road A 1 A. D Sewer service will be provided service lateral connection to an existing 8 inch sewer main along State Road A 1 A. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard, Drainaae: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system together with dry retention basins. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic statement has been submitted that indicates that the redevelopment of the subject project by demolition the existing 70-room hotel and construction of 30 multiple family dwelling units will result in a reduction of 24 average daily trips. It is noted that according to the Palm Beach County Traffic Performance Standards Ordinance, residential development east of 1-95 are exempt from meeting concurrency. Thus, the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LOR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500,00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee of $15,000.00 will be required of this development. Solid Waste: The solid waste generation of the existing 33,287 square foot hotel is 78.22 tons per year (4.7 x 33,287/2,000 = 78.22 tons). Trash generated each year by this development will be approximately SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 17 0.52 tons per unit (30 units) for a total of 15.6 tons/year, which is a net decrease of 62.62 tons of solid waste per year. School Concurrency: The proposed development is subject to the Palm Beach County School Concurrency. A letter has been received from the School District that indicates a finding of concurrency has been made for the 3D-unit townhouse project. A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X (provided the conditions of approval are addressed) B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent SPRAB Staff Report Seagate Residences - Class V Site Plan, Landscape Plan and Building Elevations Page 19 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard Does not meet intent X (provided the conditions of approval are addressed) I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X (The provision of recreational facilities for older children should be waived given the proximity to the municipal beach, however, a facility for younger children should be provided) Does not meet intent I I I i I · I $ II I k!____ I I I I I I I I I I I jl f!lfir ~ 1----- !i Hitr' I I 11 ll'l 'i i' ' I l .~ . mn . n E JJU~ . ??;.".. ,~, mid .mir i fW la~ m ~ 1m} I III 1_ l~ .. . I aa I "Ill! 1 - H ! ! ,J! ;. i 1 ml 1 11 (p -I 1) ~ z ""U"IJt.fc! OcellQ 17 ..--.....-........-.....,.-.,-...,.-.--....__......_.....-..___.__'.!'-;_II__IIl!..._..___.I'_.'_I_"..__'''''-_'_.__'_._.,...,......._____ REvl$ION$ Y A !l ~ ~, " ~:" i~ qi ~ ~~ ~ RANDALL .. ~ ~X2fE~I eE!AGATE Rl!eIOENCEe ~~lrB~ 6SBCh, "'L- OT "'Ior/da, Inc 42 N. SwinLon Ave. Delra~ Bedch, FL 33444 ($61) 24;..1Z'19~ N.!plea.FL (23~) 2&2-1611 (p ( lD u 1) ~ 11 7\ Z 1) ~ Z . RANDALL I ~ ~X2fE~I ElEAGATE REeIDENcee. '-a~ 6each, FL- or FlorIda, I/'Ie 1-- _ ~ lM_~ ~ -.., . f:------:- 42 N. $.ujnlon Ave, Delra~ ee.,ch, FL 33444 (St-I) 243-12l1S':3 N.5plsa. FL (ng) 262-1611 ...~ '" ~~% i~~ ~~q l:!!!i !!l~ '" r-~'" ~~~ 9~ '" "'# ~~~ I~~ lll~ '" ~~~ I ~~~ Q!i o~ ~Q~ !1! '" I~~ ~~ ... '" lll~ o~~ I ~~ffi # '" m:::;% ~ O~=i tD ;z5( ~~iji ~ x Z;; '" I!! o _ !!! X 2 i!; ~Ii< lD U -.........Ii. RJiIJ!UlJllJnh . -.---.-... '1_'_.I_._._"'I'_____'..__I".I_._'_.__"__"'__''''__Il__.._.._..__..1._.'_1_............__.._.__..._..._.........._._'__1_ ~Y15r T A !l g ? " ~:" ~~ qi ~ 5; ARANDALL -~ ~XRfE~r e.EAGATE REeID!!NCEe. '-a!:l !:leach, FL. ~r FlorIda, 'nc 41 N. 5wint~ Ave, DlSlra~ Be'4ch. Fl 33444 (561) 24}-01S9 N4plsa, Fl (23~) 262-16'1 '" 1ll~2 i~~ ~~ll' ~~~ ~~;::; ~e~ "'If m~ ~!!I e~ 12 '" lll~~ ~~~ ~e~ '" ~~% l:: ::!!~ '" ~~~ g~;::; a:~ x x =~ u u ... lll~ o~~ I ~~iit '" ~~ ~;::; ~~ '" ~~~ ~~lil Zx X ~ ... ~~~ g~:o: a x x ~ ~~ !; n~.iU!!inu~ ~ !~ ~ ~ ~ m~mm~hi ~ '" " 1.__.....,1._.......1_11...._..__....__......._...___....__.._'.l__I1__"_..__.___..'I_.'_I_"II'I._I__"-.'____'__"__..,_....._____ REVI:'I T A a RANDALL fl ~12fE~I e.eAGATE REel/DI!NCEe. 'a!:j eaach, FL. of FlorTda, Ine: 42 N. Swinton Ave. Delrc!l~ 6edc:.t'l. FL 33444 (561) 243-0199 Napl<H. Fl (239) 2602-1611 - -- - -- ~.~...~ .-- l ,.., >- I <{ ~ a::: w I- <{ ~ -..J ~L <{ o u <{ a::: I- :z / ~ - w -~ -~ W III SEAGA TE TOWERS SEAGA TE MANOR '" f--- ~! ./ ~. '1 I { I INGRAHAM -- - ""'\ AVIo.NUI !;!; CI:: I--- a ~amm ~ BAY LANGER WAY 'lCF AN TFRR ~~Ifi1 ~ J; r { TAMARIND RD. BAUHINIA - AZALEA RD. ~\ /' BUCIDA -~EEw w Cl a c( z V1 _c( c( w W ....J V1 o ~ MELALEUCA ,1 N - CITY OF DELRAY BEACH, Fl PLANNING Ie ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- RD. RD. / l~ C,,,SS, I ~ RD. ROAD i=! <( Cl <( w V1 lLJ f-.. <( f-.. (f) lCEAN TERR. I <(, I j:t I z <( lLJ U o l ---..1,~ p I II II Pi ~I u f-- z <( -1 f-.. <( SEAGATE RESIDENTS I I STrEET a 0:: $ w -J ::> o en R()A~ _ ~A / / / V 'X'/ / / I I a <( o 0:::: MAP REF: LM898 Page 1 of 1 Harden, David From: Janice Stofft [janice@stofft.com) Sent: Monday, June 19, 2006 3:18 PM To: Harden, David Subject: Seagate Club Please note that I am in strong support of the redevelopment of the Seagate Club. I am a Seagate area resident and feel that the redevelopment of the Club would be a positive asset to the area. Thank you, Janice Stofft 6/19/2006 f1dd iH and : ~rnat} c" ~" ~ecrl!L ;tet1\ q - A Harden, David From: Sent: To: Subject: Eric Cherry [echerry@icnltd.com] Monday, June 19, 2006 4:05 PM Dorling, Paul; Harden, David Seagate Club redevelopment >> >> >>Dear Mr.Dorling & Mr. Hardin; >> >> >>My wife and I live and own a home on the ocean just south of the >>Seagate >>Club in Delray Beach at 1111 South Ocean Blvd.. >> >>We strongly support the redevelopment of that property and feel it >>would >>further enhance the reputation of our community. >> >>Delray has become the standard of what other communities are trying to >>achieve and approving this project will continue us in that direction. >> >>Sincerely, >> >>Eric & Veronica Cherry 1 Page 1 of 1 Harden, David From: William Morris [bill@southcp.com] Sent: Monday, June 19, 2006 3:54 PM To: Harden, David Subject: Seagate Club Redevelopment On behalf of my wife and I, we wanted to go on the record stating that we strongly support the redevelopment of the Seagate Club. We have been residents of Delray Beach and the Seagate area for over 15 years now and believe that it is in the best interest of neighborhood and the City to have this well located property undergo the posted redevelopment plan. Very truly yours, William Morris 1046 Melaleuca Road Delray Beach, FL 33483 561-265-1123 Fax 561-265-1705 Cell 561-441-6754 b_iJl@iiQYtb~p_,~Q..In 6/1912006 Page 1 of 1 Harden, David From: Thomas F. Carney, Jr. - Carney Legal Group [tfc@carneylegalgroup.com] Sent: Monday, June 19, 20064:01 PM To: Ellen Elam Cc: Harden, David; Dorling, Paul; Pape, Scott; Tony Wilson Subject: Re: Seagate Club Ellen, thankyou very much for your voice of surrport, I am sending this off to the Planning and Zoning Department for their files as well. Sincerely, Tom Carney ----- Original Message ----- From: EII~-'l_E.lam To: t[G@.Q.gmeY!~.9i'!lgfQl,J..Q_,~Qm Sent: Monday, June 19, 2006 3:29 PM Subject: Seagate Club I have lived in (as well as just outside of) the Seagate area for the past 11 years, and have witnessed many positive changes to the area, I love Delray and strongly support the development of the Seagate Club, I think it will have a positive effect on the Delray area and our wonderful Atlantic Avenue, Sincerely, Ellen Elam Currently: 219 S.E. 7th Avenue Previously: 513 Sea Sage Drive 6/19/2006 cI\ t:4 TO: David T. Harden, City Manager ~ Robert A, Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item City Commission Meeting June 20, 2006 Consideration Delray Beach Historical Society Request DATE: June 14, 2006 ACTION: City Commission is requested to consider a request received from the Delray Beach Historical Society for the City to assume ownership of the FEC Depot and to provide capital assistance for the construction of a permanent facility to house the archive and historical artifact collections. BACKGROUND: Attached is a letter received from Ms. Carol Stanley on behalf of the Delray Beach Historical Society requesting that the City consider taking ownership of the FEC Depot under the following conditions: a) That the depot remains a public building for public use b) That the City maintain the building in its historical state indefinitely c) That the City find a permanent site preferably in the downtown area along the FEC tracks and move said building by 2008 d) That a recognition sign be placed on the site e) That the City provide financial assistance for the construction of a permanent site to house the archive and historical collections of the DBHS which would provide expanSIOn space The Delray Beach Historical Society recently entered into an amended lease for the depot site with Ocean City Properties, Inc. As a condition of this lease the FEC Depot needs to be moved by September 30, 2008. Also as a condition of the lease the landlord has agreed to make necessary repairs to the structure in exchange for their use of the facility for internal non-public purposes. Ocean City Properties is now in the process of repairing the roof and replacing windows. If the City was to take over the building we might be required to reimburse Ocean City Properties a pro rata share of this cost and enter into a new lease. q0> I think the conditions related to the FEC Depot site are easily doable except for the relocation of the building. We would have to move expeditiously to find a new site which if it were to be private property would be an added cost. The DBHS is also looking for a new site to house their archives and historical artifacts. Their lease for space at Old School Square expires in July 2007. In addition to the DBHS needing additional space for growth of their archives room (current space 800 square feet), Old School Square has expressed a need for the space now occupied by DBHS in the Cornell Museum. The reason Old School Square needs the space is that it would enhance their ability to obtain accreditation from the American Association of Museums, This accreditation in turn would help Old School Square attract higher quality and national exhibits to the site. However it is not the intention of Old School Square to reclaim the space in the museum without an option for the Historical Society, and Old School Square is willing to work to renew a short term lease during their transitional period. Options that the Historical Society have been exploring for providing space for an archives room are as follows: 1. Move an existing historic structure to the Cason Cottage site 2. Construct a new building 3. Put an addition on the Bungalow at the existing site They currently have 800 square feet of space in the Cornell Museum and are projecting a need for future growth of 1,500 square feet. The estimated cost for 1 or 2 above is between $400,000 to $500,000. These cost estimates are very preliminary at this time and will depend on the final project scope of work and square footage. RECOMMENDATION: Staff recommends consideration of approval of this request in principle but not make a final decision until. 1. A permanent site for the FEC Depot can be located and costs determined. 2. Determine actual space needs for the archives room and more clearly define the options available and the costs. RAB/tas File:u:sweeney/agenda Doc: Agenda Item for Consideration Delray Beach Historical Society Request t:;. DELRAY BEACH HISTORICAL SOCIETY May 5, 2006 RECEtVEO MAY C 9 ?nn~ "",;;;,;:,1;:,'1 P.iiJ) ., CiTY MAHI'G~n Bob Barcinski Assistant City Manager Delray Beach, FL 33444 Dear Bob, . Thank you for your attention to this matter during our conversation on April 27. As you requested, I am sending you a written request on behalf of the DBHS. The DBHS would like to transfer the ownership of the FEC Depot now located on the west side of the rail road tracks to the City of Delray Beach. The City can then work out details ofthe next two years with the owner of the property, Ocean City Properties. As I mentioned, it appears that the owner desires that the Depot be moved in 2008 to another location. The DBHS requires the following written assurances, which I am sure you will find reasonable. a. That the Depot remain a public building, owned by the City of Delray Beach, utilized for its historical significance by the citizens of Delray Beach and that it be used in a dignified and respectful way. b. That its historical ~ade be retained and preserved indefinitely c. That a permanent site be located for the Depot in the down town area, preferably near the FEC rail road tracks d. That a sign be placed on the Depot in recognition the efforts of many citizens to preserve the Depot through the DBHS e. That the City provide capital financial assistance to the DBHS in construction of a permanent facility to house the current archive and historical artifact collections with sufficient space to expand on City owned property, preferably on the Cason Cottage campus. Regards, ..,-, J f' 'j 'I ...... /' ~ ..-~.,..,.- .~/{Z/t,K A/(;/ '/). /./., ...,.r'/"'" / ,,- Carol M. Stanley . ,./ / /- (: (" " I r .,) .., .. . . ~..., 'Y . '-' v, c.....\....,.JU . 3 N.E. 1st Street Delray Beach, FL 33444 Tdephone: (561) 243-25770Facsimile: (561) 243-6884 Delray~Hmori~Sooe~o~ _..__..~...._.M6.~ - r--e .';). d *' (....<.._-t-- "UI~-J.:;>-...::t:":JO J...loCI rr<;UI'I;I'IHI.... l'I.l.LLHI'l & ::JIHNLcY ::>bl.c(bl:ll:lt:ll IU:::>61c437199 P.l/S Law Offices MacMillan & Stanley 29 Northeast Fourth Avenue Delray Beach, Florida 33483 Telephone (561) 276-6363 Facsimile (561) 276-8881 maemillanstanley.eom Serving De/.,.ay Since 1946 Neil E. MacMillan (1918.1996) Carol MacMillan Stanley* Thomas M. Stanley "'Board Certified by Florida Bar In Wills, Trusts and Estates. Real Estate TO: FAX: DATE: FROM: RE: ( ) ( ) ( ) TELECOMMUNICATIONS TRANSMITTAL LETTER Mr. Bob Barcinski - Office of the City Manager 561 243-7199 6/19/06 Tom Stanley on Behalf of Delray Beach Historical Society DBHS Request. Agenda Item 9.B 6-20-06 FOR YOUR APPROVAL PLEASE CALL UPON RECEIPT HARD COPIES WilL FOLLOW ( X ) ( ) ( ) AS YOU REQUESTED AS WE DISCUSSED HARD COPIES Will NOT FOllOW Dear 8ob~ Attached is a copy of the overall goals for the Archive Room Relocation and a rough budget for a $2.000.00 sql:Jare foot archive building. The budget is preliminary In nature. Thank you fOT your continued assistance on this issue. Tom NUMBER OF PAGES INCLUDING COVER PAGE: IF ALL PAGES ARE NOT RECEIVED, PLEASE CALL 5 AT 561-276-6363 The information contained in this transmission is attorney privileged and confidential. It is Intended only for the use of the individual or entity named above, f\ddj-Hot)c;J ',,,Rc,i'~On \be' ~~ i+efi'\ 'l.B "UI'I- .I. ~-.,c::t:Jt:Jo .l...:l i c:: r r- ro::U"'; "IHI... l'I.LLLHI'l 6. :;, I HNLl:. T :>b~C: (bl::ll:Il:U I u: ~blc:q..j (1';:1':1 t-'.c/:' DELRA Y BEACH HISTORICAL SOCIETY .Archives Room Relocation Outcomes . Expanded service/accessibility to the community . Synergy with Cason Cottage and Executive Offices Purpose of the Archives Room . Conservation & Restoration . Collecting . Research . Exhibits Location Cason Cottage campus Space, Requirements 2000 square feet Environmental Requirements . Strict TemperatureIHumldity Concrol . Hurricane/Stonn Protection o Wind o Rain o Lightning . Fire Control . Gener.ator . Protection from Ultra Violet light . Pest control . Dense Storage of diverse collections . Paper . Textiles . Objects Concerns . Uninterrupted access to the collections . Building with. outl;ide appearance consistent with character of the Historic District . On-going operating expeJlses AddiHo{)cU ~0~oC'rrcl~0C) ~(" q :-D. ....u,,-.1..;>-.c..."-'''-'O .1.--,",::1 rr<;UI'I;I'IH~ l'I.LLLHI'l <5< ::'IHI'lLt:T :>bl.c(bl:jl:jl:ll. ~ . I U: :>blcQ..:5 (1 '::1'::1 1-'...:5/5 DELRAY BEACH HISTORICAL SOCIETI 5 NE Fir~t Street Delray Beach., PL 33444 PRELIMINARY CONSTRUCTION BUDGET FOR ARCHIVE BUILDING The following estimated construction budget is for the proposed 2,000.00 square foot free standing archive building. The new structure shall be located to the Northwest of the current D.B,H.S. Administrative Building more commonly known as the "Bungalow". The scope of the work would include a CBS shell with hardy board planking or scored concrete to emulate the wood frame of the Bungalow and the historic Cason Cottage. The purpose of the CBS building is to maximize the strength and durability of the archive room and storage areas against all elements - including hurricanes. Furthermore, the structure would have fiberglass shingle roof (in keeping with the character of the other buildings). The 2,000.00 square foot building shall be a four room building with the Archive Room, display area, office and storage room. Proposed upgrades shall be flooring, electrical considerations for power loss and use of generator, tin roof, windows, ceiling heights and humidity controlled heating ventilation and HVAC system. The estimated construction budget for this standalone structure is between four hundred fifty thousand dollars ($450,000.00) and five hundred thousand dollars ($500,000.00). Other costs may include but not be limited to architects (structural and landscape), engineering, permit and survey fees. The following information is subject to change depending on the final design. Architects. Engineer. Site Planning $ 15,000.00 $ 4,000.00 $ 4,000.00 $ 20,000.00 $ 5,000.00 $ 1.000.00 $ 49,000.00 Architect: Engineering: Landscape Architect Project Manager: Temporary Storage Permit Fees --.. ...- ---- ...---- . '." l. I I'~ '-I In"" II..LL-L...MI' Oc .;:JIMI"'tLC.1 ;)0.1c::r00t:50~ I U: ::>blc:<t..:s (l=r.:l P.'VS Site Work Dirt work, soil treatment, backfill and grading Concrete Foundation - forms, stem wall, concrete slab, deck Masonrv CBS Shell Hardy Board piers for porches (if any) Steel structural steel - rebar etc... Caroentry Trusses, framing for decks/porches, doors, windows, interior walls Thermal/Moisture Protection insulation, roof deck, flashing, roofing (fiberglass shingle or tin), windows, doors. Finish/l'nterior Drywall walls and ceilings; interior exterior painting, wood flooring and baseboards in the archive room. Tile in all other areas of building. Plumbing: Bathroom; sink and faucet in storage area Sewer Hook Up HVAC stand alone 5 ton HVAC system Electric Separate electric hook up and switch panel(s), walllfloor outlets, display case lighting, lighting fixtures and/or recessed lighting, bathroom lighting. Extra features Storage bins and cabinets in storage room Loading Area and double doors at rear of building to storage room. Archive Room cabinetry and preservation cases Display area cabinetry - glass. Landscaping Native mixture of ground shrubbery and trees per landscape plan Sprinkler Revamp current system to accommodate new structure ete... .' \ I . 'VI .- t In,,- II~L-L-nl' Oc .;;J I MI'IL..CI ,JO.1.C IOc:x::JC.l I U; :>bl.c::'t.:H l":l':::l t-'.::>/::> Cost Break Down: 1. General Items 2. Site Work 3. Concrete 4. Masonry 5. Steel 6. Rough Carpentry 7. Thermal/Moisture Protection 8, Finishes 9. Plumbing 10. HVAC 11 . Electric 12. Extra Features 13. Landscaping 14. Sprinkler System Net Construction Cost $ 49,000.00 $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 6,000.00 $ 30,000.00 $ 35,000.00 $ 60,000.00 $ 10,000.00 $ 10,000.00 $ 20.000.00 $100,000.00 $ 12,000.00 $ 5.000.00 $392tOO.OO G.C. Profit and Overhead (approx 20%) $ 80.000.00 Total Preliminary Budget $472,000.00 Approximate Budget Request to City of Delray Beach ranges from $450,000.00 to $500,000.00. This preliminary budget is for discussion purposes only. No site plans and architectural plans (with engineering) have been prepared or proposed at this time. MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERtM AGENDA ITEM # C\ ~ - REGULAR MEETING OF JUNE 20, 2006 DOWNTOWN PROJECT ASSESSMENT ITREASURE COAST REGIONAL PLANNING COUNCIL TO: SUBJECT: DATE: JUNE 16, 2006 This is before the Commission to receive the report of the Downtown Project Assessment; for Hotel Vista del Mar, Adantic Plaza redevelopment, and South Swinton Avenue redevelopment; as presented by the Treasure Coast Regional Planning Council at the June 13,2006 Workshop Meeting and direct staff to draft ordinances incorporating the report's objectives. A copy of the presentation is attached for your reference. 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Q) O'-::"Q)...c lo... ..q ...c ..... c..._...... c... ..- 0 co UJ lo... ....... c--Oa. .- ~ LL L... <.0 ...c o~ . ~ Q) "'C 0 - Q).- P8uco ~'';:::; Q)Q3 o U 0 ~ a.Q)UC E (f) . - ....... ._ Q) "'0 M C/) 0 ~ Q) S!! .- ....... L... M ~...... ~~~ ...... C E '00 N ctl c: ..-:J"-OM l{)~(V')uen -- -- . :J-Q)M a.~~-eo- . ~ >.,; 2<.Octl... '00 oc:i E 0 MYDELRAYBEACHCOM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager !l'~bert A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item City Commission Meeting June 20, 2006 Reconsideration: Banner Hanging Policy DATE: June 14, 2006 ACTION: City Commission is requested to reconsider a staff initiated banner hanging policy. BACKGROUND: Commission reviewed a staff initiated banner hanging policy at your February 14, 2006 Workshop meeting. After some discussion it was the consensus of Commission that the banner hanging policy needed more thought before making a decision. A copy of the agenda memo and back up from the February meeting is attached. At its meeting held on Monday, June 12th, the Downtown Development Authority again reviewed City staffs recommendation. A copy of an e-mail received from Marjorie Ferrer containing the DDA recommendation is attached. The basic difference between the staff recommendation and DDA's recommendation is as follows: DDA recommends that the generic "Welcome to Delray Beach" banners be hung on every light pole on Atlantic from A-I-A to NW/SW 6th Avenue, on NE 4th Avenue from Atlantic to NE 2nd Street and on Swinton Avenue from NE 4th Street to SE 2nd Street. Staff recommends that the "Welcome to Delray Beach" banners be hung on the intersection comer poles and then every other pole on Atlantic Avenue from A-I-A to NW/SW 6th Avenue, on the comer poles and then every other pole on NE 4th Avenue from Atlantic Avenue to NE 1 st Street and on every pole on Swinton from NE/NW 1 st Street to SE/SW 1 st Street. The DDA did not have any objection to other staff recommendations. c!< t~~ qD In her e-mail Ms. Ferrer indicated that the "Welcome" banners and signature banners only require hanging one time. However when we put up other special event banners these banners have to be removed and changed out and then re-hung after the event. RECOMMENDATION: Staff recommends consideration of approval of the proposed staff recommendation concerning banner hanging. RAB/tas cc: Marjorie Ferrer File:u:sweeney/agenda Doc: Agenda Item for Reconsideration Banner Hanging Policy Barcinski, Robert From: Sent: To: Subject: marjorie [marjorie@delraybeach.com] Tuesday, June 13, 2006 3:27 PM Barcinski, Robert FW: Banners Downtown Bob, At the DDA Board Meeting yesterday, at your request, I brought up the discussion of the plan for banners in the downtown. As the DDA has been committed to banners, Welcoming Visitors to the downtown since 1993, and since one of the long-term goals of the DDA has been to redevelop side streets and to "grid" the downtown from Atlantic Avenue, it was voted unanimously that the Welcome Banners continue to be included in newly beautified side streets on every pole where possible. The precedent was set with the inclusion of a signature banner to help identify and promote Pineapple Grove Main Street in the mid 90's, and another group of banners is in final design phase for both NW and SW 5th Avenue for installation this fall. NE 4th Avenue from Atlantic Avenue to NE 2nd Street is also in this side street group as well as North and South Swinton Avenues, to North 4th Street and to South 2nd Street. The generic Welcome banners as well as the signature banners do not need to be changed annually, therefore only requiring city staff to hang one time. The entire Board felt that these banners are the only visual connection to Atlantic Avenue, especially in the daytime. Your eye is drawn to the colorful banners, and not to the brick sidewalks. It is critical to the success of the businesses and merchants located on these side streets, and that they feel "connected" after having survived the construction timeline, The continued identification of the Clusters of businesses in the downtown is important. Please pass on these comments to the City Commission when you have your discussion. Thanks for your patience, Marjorie Ferrer Executive Director Downtown Development Authority 1 [IT' DF DElRRY BER[H DEL RAY BEACH , lOR I [) " be.d AII.America City , III J! 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 . 561/243-7000 MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM: Robert A. Barcinski Assistant City Manager DATE: February 9, 2006 SUBJECT: Aeenda Item City Commission Workshop Februarv 14.2006 Banner Hanging ACTION This item is on the agenda for discussion and direction from City Commission. BACKGROUND City staff currently spends approximately 700 hours per year on banner hanging. We currently have decorative light poles that we service for banner hanging as follows: · Atlantic Avenue from NW/SW 6th Avenue to A-1-A 206 · Pineapple Grove Way from Atlantic Avenue to NE 4th Street 51 · NE/SE 5th Avenue 2 blocks north and south of Atlantic Avenue 16 · NE/SE 6th Avenue 2 blocks north and south of Atlantic Avenue 16 . Old School Square parking lot 33 Total 322 We have recently completed or are in the process of completing new streets cape projects which will add to the total number of decorative poles as follows: . NE 4th Avenue from Atlantic to NE 2nd Street 49 . SW/NW 5th Avenue project 37 . Swinton Avenue SE/SW 2nd Street to NE/NW 4th Street 56 · One way pairs - this project does not include decorative light poles · Atlantic Avenue - NW/SW 6th Avenue to NW/SW 12th Avenue. We do not know the number of decorative light poles with banner arms that will be installed but estimate between 60-70. With the new projects coming on-line we feel that it was an appropriate time to discuss the banner hanging policy with City Commission. Attached is a memorandum received from Harold Bellinger which indicates the type, number and location of banners now being serviced. These include standard banners ("Welcome to Delray @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS Beach" and Entertainment/Shopping/Dining banners), signature banners (Pineapple Grove Way), and special event banners for various events. Keep in mind that when we reach tropical storm season all banners should be taken down to prevent banners and banner arms from being destroyed. Based on all of the above we are recommending for consideration the following: Standard Banners ~ Entertainment/Shopping/Dinner banners - No change ~ "Welcome to Delray Beach" banners - Install banners as follows: . Intersection corner poles and then every other pole on Atlantic from A-I-A to NW/SW 6th Avenue . Intersection comer poles and then every other pole on NE 4th Avenue between Atlantic Avenue and NE 1 st Street . Intersection comer poles and then every other pole between NE 1 st Street and SE 1 st Street on Swinton A venue Sienature Banners ~ Pineapple Grove Way - No change ~ NW/SW 5th Avenue - Hang new banners being designed on all poles Special Events ~ Hang banners on intersection poles only for all events except as follows: . Delray Affair - Intersection comers then every other pole from A-I-A to NW/SW 6th Avenue . Holiday banners - Intersection comers then every other pole from A-I-A to NW/SW 6th Avenue . International Tennis Tournament - No change The DDA Executive Director and Board do not object to the proposals for the signature banners or the special event proposal except for Holiday banners which they feel should be continued on all poles on Atlantic Avenue. In addition they prefer that the "Welcome to Delray Beach" banners should continue to be placed on all poles on Atlantic Avenue from A-l-A to NW/SW 6th Avenue as well as on all poles on NE 4th Avenue from Atlantic to NE 2nd Street and on Swinton Avenue from NE 4th Street to SE 2nd Street. Standard banners, signature banners, Holiday banners, and Independence Day banners are paid for by the DDA. This item is on the agenda for discussion and direction. RAB/tas File:u:sweeney/agenda Doc: Agenda Item Banner Hanging . I ~ I MEMORANDUM TO: James Schmitz, Deputy Director Public Works FROM: Harold Bellinger, Superintendent Streets & Traffic DATE: February 9,2006 SUBJECT: FLAG AND BANNER INSTALLATION MONTH OF INSTALLATION NORMALLY EVENT DATE INSTALLED LOCATION EVENT Welcome to Delray Beach Banners 206 SW INW 6th Avenue to AlA, every pole Pineapple Grove Pennanent 51 Pineapple Grove Way from Atlantic to NE 4th Street FotoFusion January 2 weeks prior 147 Swinton Ave to AlA all poles 33 In CRA lot~ NE lit Avenue Art & Jazz January 1 week prior 78 SW I NW Avenue to AlA, four comers Antique Show February 2 weeks prior 78 SW I NW 6th Avenue to AlA, four comers International JanlFeb 2 weeks prior 60 SW 12th Avenue to SE "fh Avenue on FPL poles Intersections from Intracoastal to NW/SW 6th Ave and corners 8 poles in front of Tennis Stadium. Delray Affair April 2 weeks prior 147 Swinton Avenue to AlA every pole Art & Jazz May 1 week prior 78 SW I NW 6th Avenue to AlA, four comers Memorial Day May 1 day prior 34 SW INW 6th Avenue to SW 12th Ave, onFPLpoles Art & Jazz June 1 week prior 78 SW I NW 6th Avenue to AlA, four comers Flag Day June 1 week prior 34 SW I NW 6th Avenue to SW 12th Ave, on FPL poles Independence July 1 day prior 78 SW I NW 6th Avenue to AlA, four corners Day Art & Jazz October 19 1 week prior 78 SW I NW 6th Avenue to AlA, four corners Garlic Festival November 2 weeks prior 78 SW I NW 6th Avenue to AlA, four comers Turkey Trot I November 2 weeks prior 54 Swinton Avenue to AlA, four comers 5k Run Tree Lighting November 2 weeks prior 78 SW I NW 6th Avenue to AlA, four comers Ceremony (Holiday & Sponsor Banners) Art & Jazz December 1 week prior 78 SW I NW (ih Avenue to AlA, four comers Holiday December 2 weeks prior 128 SW I NW 6th Avenue to AlA, every pole except "M...Mt. o..C"f'U\ ~o\.., + '1i BML& First Night December 2 weeks prior 78 SW I NW 6th Avenue to AlA, four comers Entertainment I Shopping I Dinning Pennanent 16 NE I SE 5th Avenue 100 & 200 block Entertainment I Shopping I Dinning Pennanent 16 NE I SE 6th Avenue 100 & 200 block [ITY DF DEL AY BEA[H of '. CITY ATTORNEY'S OFFICE ';il;'.;\\, ht :\VF~\ !. I!URAY BEACH. FLORIDA 33444 ! !l Pl!()'\!'\(1; , , . IACSl\1ILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH ~ DATE: ;Uiifi! ::OM MEMORANDUM June 15, 2006 City Commission David T. Harden, City Manager Terrill Barton, Assistant City Attorney /)t/f3 1993 2001 SUBJECT: Interlocal Agreement between the City and the School Board of Palm Beach County for the Purchase and Construction of the Soccer Complex Attached please find the Interlocal Agreement for the purchase and construction of the soccer complex at the old Atlantic High School site. The agreement provides that the City will purchase land from the School Board at the rate of $112,500.00 per acre for 7.42 acres totaling $834,750.00 in order to construct three (3) soccer fields on the site. The City will be allowed to use approximately 130-165 existing parking spaces as interim parking for the soccer complex but has the option to purchase a parking area adjacent to the soccer complex in the near future after the site design plan for the middle school has been completed. The exact specifications of the future soccer complex parking area will be provided in a separate agreement after the site plan for the middle school has been finalized, but as stated in the Interlocal Agreement attached, the Soccer Complex Parking Area shall be equal to at least 130-165 9 feet by 18 feet parking spaces located within 400 feet of the soccer complex. Further, the Interlocal Agreement includes language from prior interlocal agreements between the City and the School Board regarding the City's use of the gymnasium for basketball purposes and the School Board's use of the Temple Sinai Fields for football, soccer and/or Eaglettes practice and this agreement will supersede all of those prior agreements. Please place this item on the June 20, 2006 City Commission agenda for consideration. Thank you. TCB:smk Attachment cc: Chevelle Nubin, City Clerk Susan Ruby, City Attorney Richard Hasko, Director of Environmental Services Joseph Weldon, Director of Parks & Recreation Tom Kwiatek, Recreation Supervisor IV qE INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY FLORIDA AND THE CITY OF DELRA Y BEACH FOR THE PURCHASE AND CONSTRUCTION OF A SOCCER COMPLEX AND JOINT USE OF LAND AND FACILITIES THIS INTERLOCAL AGREEMENT is made and entered into this _ day of , 2006, by and between the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a corporate body public politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School Board") and the CITY OF DELRA Y BEACH, a Florida municipal corporation (hereinafter referred to as "City"). WIT N E SSE T H: WHEREAS, School Board owns and operates the Old Atlantic High School located at 2501 Sea crest Boulevard ("Old Atlantic Site"); and WHEREAS, the School Board and the City entered into an Interlocal Agreement dated August 21, 1996 regarding the Seacrest Athletic Facility and the School Board and the City entered into an Interlocal Agreement dated March 5, 2002 regarding the establishment of a new high school on other property which contained a provision to make land available to the City (up to 15 acres on the Old Atlantic Site) to construct a soccer complex unless the remainder of the site was inadequate for a middle school, and the School Board and the City entered into an Interlocal Agreement dated March 29, 2006 regarding use of the gymnasium located at 2501 Seacrest Avenue and the City-owned fields at 2475 West Atlantic Avenue; and WHEREAS, the parties desire to enter into this Interlocal Agreement to allow for the City to exercise its option to purchase 7.42 acres from the School Board for construction of a Soccer Complex on the Old Atlantic Site as referenced in Paragraph 4.2 of the Interlocal Agreement dated March 5, 2002 and to purchase additional property for parking for the Soccer Complex upon the completion of the School Board's site plan design of the new Middle School to be located on the School Board's remaining property. The land to be purchased for the Soccer Complex is described more particularly in the legal descriptions and surveys attached hereto as Composite Exhibit "A"; and WHEREAS, the City desires to allow the School Board to use the fields located at 2475 West Atlantic Avenue, Delray Beach, Florida (hereinafter referred to as "Fields") and will provide for a release of the reverter provision referenced in Paragraph "J" of the Interlocal Agreement regarding the Seacrest Athletic Facility dated August 21, 1996 in exchange for the City's joint use of the gymnasium, football stadium field and adjacent parking to the west of the proposed Soccer Complex as detailed on the map attached hereto as Exhibit "C" which shows the conceptual plan of the gymnasium, football stadium field and parking both before and after construction of the new Middle School on terms hereby provided; and WHEREAS, both parties desire to increase the recreational opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational opportunities for use by the public and the students of Palm Beach County. Section 1.03 The defined terms as used in this Interlocal Agreement shall have the following meanings: 1. Old Atlantic Site shall mean the property owned by the School Board that was the former site of Atlantic High School located at 2501 Seacrest Boulevard, Delray Beach, Florida. 2. Middle School shall mean the middle school that the School Board intends to construct on the Old Atlantic Site. 3. Soccer Complex shall mean the land described in Composite Exhibit "An. 4. Soccer Complex Improvements shall mean the improvements listed in Section 3.01 of this Agreement. 5. Soccer Complex Parking Area shall mean the land on which the City- owned parking for the Soccer Complex shall be constructed. The Soccer Complex Parking Area will be located on a portion of land described in Composite Exhibit "A". The exact specifications for the parking area shall be decided after the completion of the site design plan for the Middle School, provided, however, that retention is met according to the South Florida Water Management District requirements and that the Soccer Complex Parking Area shall be sufficient and shall equal at least 130 -165 9 feet by 18 feet parking spaces and shall be located within four hundred feet (400') from the Soccer Complex. 2 6. Soccer Complex Parking Area Improvements shall mean the paving, striping, drainage improvements and lighting required for the Soccer Complex Parking Area. 7. Fields shall mean the City-owned practice field facilities located at 2475 West Atlantic Avenue, Delray Beach, Florida, adjacent to the new Atlantic High School. 8. School Board's Representative shall mean the Chief of Facilities Management. 9. City's Facilities shall collectively mean the Fields and the Soccer Complex Improvements. 10. School Board's Facilities shall collectively mean the football field, football stadium, gymnasium, and parking located on the Old Atlantic Site. 11. Interim Parking shall mean an area of at least 130-165 9 feet by 18 feet parking spaces located adjacent to the Soccer Complex to the west that shall remain in the ownership of the School Board but shall be utilized by the City until the City purchases the Soccer Complex Parking Area from the School Board at a later date as contemplated by this Agreement. Section 1.04 The City and School Board shall enter into the Contract for Sale and Purchase attached hereto as Exhibit "B" simultaneously with the approval of this Interlocal Agreement for the sale and purchase of the Soccer Complex. This agreement shall survive the closing of the property. Section 1.05 Within sixty (60) days of the School Board's completion of the site plan design for the Middle School, the City and School Board shall enter into a Contract for Sale and Purchase, substantially in the form attached hereto as Exhibit "B" for the sale and purchase of the Soccer Complex Parking Area and shall amend this Interlocal Agreement to provide for joint use of the Soccer Complex Parking Area by the School Board. Interim Parking use shall be governed by Section 5.01 of this Agreement. The purchase price for the Soccer Complex Parking Area shall be $112,500 per acre. At the City's request, the School Board may include the Soccer Complex Parking Area Improvements in the School Board's contract for construction of the Middle School. In the event that the City elects to exercise this option, the City shall provide notice to the School Board sufficiently in advance for the Soccer Complex Parking Area Improvements to be included in the construction contract scope of work. The City's payment to the School Board for the expenses associated with the construction of the Soccer Complex Parking Area Improvements shall be addressed in an amendment to this Interlocal Agreement. 3 Section 1.06 City shall construct the Soccer Complex Improvements and shall bear the costs of the construction and maintenance of the Soccer Complex Improvements at its own expense. Section 1.07 City shall utilize its bidding process for all construction services required for the Soccer Complex Improvements. Said bidding process shall be consistent with all federal, state and local laws, rules and regulations. The School Board shall have no contractual obligation to any person retained by City with regard to the construction of the Soccer Complex Improvements. Any disputes, claims, or liability that may arise as a result of City bidding process is solely the responsibility of City. Section 1.08 City shall allow the School Board to use the Fields and shall release the School Board from the reverter clause provided for in the Interlocal Agreement regarding the Seacrest Athletic Facility dated August 21, 1996 in exchange for the City's use of the football stadium field, gymnasium and adjacent parking lot to the northwest of the Soccer Complex, described more fully on the map attached as Exhibit "C" which shows the gymnasium, football stadium field and parking lot both before and after the construction of the new Middle School. ARTICLE 2: CONSTRUCTION Section 2.01 City shall be responsible for the construction of the Soccer Complex Improvements. City shall construct the Soccer Complex Improvements in accordance with all applicable federal, state and local laws, rules and regulations, Section 2.02 City shall be responsible for securing all permits and approvals necessary to construct the Soccer Complex Improvements. Section 2.03 Prior to City commencing construction of the Soccer Complex Improvements, City shall provide a copy of all plans and specifications along with the associated costs thereof to the School Board's Representative for review of same to ensure consistency with the purpose of this Interlocal Agreement. In the event that the parties are unable to agree, the matter shall be submitted to the City Manager and the School Board's Chief Operating Officer who shall make a good faith effort to resolve the dispute. ARTICLE 3: SCHEDULE/SCOPE OF WORK Section 3.01 The scope of work and schedule for completion of the Soccer Complex Improvements shall be as follows: Soccer Complex Improvements: Phase I improvements include: 1. Construct three (3) soccer fields. 4 2. Remove existing basketball and tennis courts, 3. Sod in existing softball fields, remove backstops and fencing, 4. Move existing light poles to the east and south of Soccer Complex, 5. Install perimeter fence around Soccer Complex and provide gate access from Soccer Complex to adjacent football stadium field and old Atlantic site, 6. Remove all existing buildings just north of football stadium (except press box), 7. Move storage container to southwest area near football field and track, 8, Construct a concession stand building with restrooms, concession stand and press box, 9. Fill and sod area between multipurpose field and track, 10. Lighting for the Soccer Complex, 11. Install concrete pad at northeast corner of Soccer Complex, and 12. Other improvements within the Soccer Complex as deemed necessary by City. Schedule: The improvements listed above shall be completed by December 31, 2007. ARTICLE 4: OWNERSHIP Section 4.01 The School Board's Facilities shall remain in the ownership of the. School Board and subject to all terms and conditions imposed herein subject to School Board policy and Florida Statutes and Department of Education rules. Section 4.02 The Fields shall remain in the ownership of the City and subject to all terms and conditions imposed herein. Upon the closing of transaction contemplated herein, the Soccer Complex shall be owned by the City and be subject to all terms and conditions imposed herein. 5 ARTICLE 5: USE .OF PROPERTIES Section 5.01 Use of Gvmnasium. Football Stadium Field and Interim ParkinQ - The School Board agrees to make available the gymnasium, football stadium field and Interim Parking. The City shall be permitted to use the gymnasium, football stadium field and Interim Parking in accordance with the prescribed procedure and conditions set forth herein, and without prior approval from 4:00 p.m. until 10:00 p.m. Monday through Friday until the Middle School is completed and from 9:00 a.m. until 6:00 p.m. on Saturday and Sunday. Additional use of the gymnasium, football stadium field and Interim Parking by the City is allowed so long as ten (10) days advance notice is given to School Board in accordance with Article 12 herein and the additional use does not conflict with a School Board or County program or activity as defined in the certain Interlocal Agreement entered into by the School Board and Palm Beach County dated October 15, 2003. Both parties agree to meet prior to the opening of the new Middle School on the site in order to determine and agree on the revised times of use. The School Board shall be responsible for the utility costs associated with the School Board's Facilities. If the gymnasium and/or football stadium field are destroyed for any reason, the School Board agrees to permit the City to continue to utilize the new gymnasium/football stadium field as provided in accordance with the terms of this Agreement. Section 5.02 Use of Soccer Complex/Fields - The City agrees to permit the on site school located on the Old Atlantic Site to use the Soccer Complex Improvements in accordance with the prescribed procedure and conditions set forth herein, and without prior approval for recreational purposes from 8:00 a.m. until 4:00 p.m. Monday through Friday. The City agrees to permit the School Board to use the Fields annually from August 1 through November 30 from 3:00 p.m. to 6:00 p.m. Monday through Saturday for football, band and Eaglettes practice; from November 1 through February 28 from 3:00 p.m. to 6:00 p,m. Monday through Saturday, the Fields shall be available for soccer practice; and from May 1 through November 30 from 3:00 pm. to 6:00 p.m. Monday through Saturday the Fields shall be available for spring football. Additional use of the Soccer Complex Improvements and/or Fields is allowed so long as ten (10) days advance notice is given to the City in accordance with Article 12 herein and the additional use does not conflict with a City program or activity. The City shall be responsible for the utility costs associated with the City's Facilities. Section 5.03 Adequate Supervision - Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned when using the respective facilities of the other. Section 5.04 Manner of Use: Cleanup - The City and the School Board agree to utilize the facilities of the other in the manner, and to the extent and degree intended 6 for the particular facility and further agree to leave the facility in a clean and orderly condition upon leaving the facility. Section 5.05 Vandalism or Other Damaoe to Gymnasium/Stadium Field/Soccer Complex/Fields When in Use Pursuant to this Aoreement - The City agrees to be responsible for vandalism or other damage occurring to the School Board's Facilities during the periods the School Board's Facilities are used by the City. The School Board agrees to be responsible for vandalism or other damage occurring to the City's Facilities during the periods the City's Facilities are used by the School Board. The School Board shall cause such repairs to be made as necessary to correct the damage to the School Board's Facilities in an expeditious and timely manner and submit an itemized invoice to the City for damages incurred during the City's use of the School Board's Facilities. The City shall cause such repairs to be made as necessary to correct the damage to the City's Facilities in an expeditious and timely manner and submit an itemized invoice to the School Board for damages incurred during the School Board's use of the City's Facilities. All damages shall be paid within ninety (90) days of receipt of the invoice for the damages. ARTICLE 6: MAINTENANCE Section 6.01 The City will contribute costs up to one thousand dollars ($1,000) per calendar year upon completion of refinishing of the basketball courts for the gymnasium by the School Board. The City agrees to maintain and to assume 100% of costs of maintenance of the sod and irrigation on the football stadium field with the School Board to assume 100% of costs of maintenance for all other components of the football stadium. Section 6.02 The City will assume 100% of the costs of maintenance for the Soccer Complex Improvements, Interim Parking, and the Fields, with such maintenance to be performed by the City or the City's designee. ARTICLE 7: ACCESS AND SITE SECURITY The City shall take access to the Soccer Complex via a fifty foot (50') ingress/egress easement as described in Composite Exhibit "A". The School Board will be responsible for securing the gymnasium, football stadium field, parking areas, and Fields on a daily basis by securing all locks and gates on a school day while school is in session and the City will be responsible for securing the gymnasium/football stadium field and parking areas on evenings and weekends and the City will be responsible for securing the Soccer Complex after each use. 7 ARTICLE 8: CITY LIABILITY The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using the School Board's facilities, provided however, that this provision shall not be construed as a waiver of any right or defense which the City may possess, and it reserves all such rights against any and all claims that may be brought against it under this Agreement. ARTICLE 9: BOARD LIABILITY The School Board recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the School Board is using the Soccer Complex and Fields, provided, however, that this provision shall not be construed as a waiver of any right or defense which the School Board may possess, and it reserves all such rights against any and all claims that may be brought against it under this Agreement. ARTICLE 1 0: MODIFICATION Any modifications to this Agreement shall be in writing and approved by the parties' respective governing bodies. ARTICLE 11: TERM This Agreement shall become effective upon approval of both parties, and shall continue for thirty (30) years, unless one party gives notice of intent to terminate this agreement in writing at least thirty (30) days in advance. ARTICLE 12: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by certified mail, return receipt requested. All notices shall be addressed to the following: As to School Board: School Board of Palm Beach County Office of Chief Counsel 3300 Forest Hill Blvd. West Palm Beach, FL 33406 With copies to: Chief of Facilities Management 3300 Forest Hill Blvd. West Palm Beach, FL 33406 8 Kevin Logan, Athletic Director Atlantic High School 2455 W. Atlantic Avenue Delray Beach, FL 33445 As to City: City of Delray Beach Susan A. Ruby, City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 With copies to: Joseph Weldon, Director of Parks and Recreation City of Delray Beach 50 N.W. 1st Avenue Delray Beach, FL 33444 David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 ARTICLE 13: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 14: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 15: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 9 ARTICLE 16: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 17: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the City and School Board as to the purchase and construction of the Soccer Complex and supersedes all other negotiations, representations or agreements, either written or oral, pertaining to the construction of the Soccer Complex. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. The rights and obligations of each party as contained in the Interlocal Agreements between the City and the School Board dated August 21, 1996, March 5, 2002 and March 29, 2006 are hereby superseded by this Agreement. All other agreements other than those referenced in this Article shall remain in full force and effect and shall not be superceded by this Agreement. Because the mutual use provisions of this Agreement are an amendment to the Interlocal Agreement between the City and the School Board dated August 21, 1996, the City's rights to use the School Board's Facilities have priority over the rights of Palm Beach County under that certain Interlocal Agreement between the School Board and Palm Beach County dated October 15, 2003. ARTICLE 18: NO THIRD PARTY BENEFICIARIES This Interlocal Agreement is made solely and speCifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Interlocal Agreement as a third-party beneficiary or otherwise. ARTICLE 19: NO INTERPRETATION AGAINST DRAFTER No party shall be considered the author of this Interlocal Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Interlocal Agreement. Thus, the terms of this Interlocal Agreement shall not be strictly construed against one party as opposed to another party based upon who drafted it. 10 ARTICLE 20: EFFECTIVE DATE The effective date of this Agreement shall be as of the date it has been executed by both parties hereto. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. By: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: ATTEST: Arthur C. Johnson, Ph.D. Superintendent Thomas E. Lynch, Chairman Board Approval Date: Approved for Form and Legal Sufficiency: School Board Attorney Date: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Chevelle Nubin, City Clerk Jeff Perlman, Mayor Approved for Form and Legal Sufficiency: City Attorney Date: 11 COMPOSITE EXHIBIT "A" (Surveys and Legal Descriptions of Soccer Complex, Soccer Complex Parking Area and 50 Foot Ingress/Egress Easement) . . SOCCER COMPLEX PROPERTY A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. LEGAL DESCRIPTION: A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE SOUTHEAST CORNER 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 CORNER 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 196.82 FEET; THENCE NOo043'55"W FOR 46.67 FEET; THENCE S89016'05"W FOR 136.00 FEET; THENCE NOo043'55"W FOR 23.79 FEET; THENCE S89016'05"WFOR 117.14 FEET; THENCE N00043'55"W FOR 604.30 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 A DISTANCE OF 551.23 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 7.42 ACRES OF LAND, MORE OR LESS. NOTES: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY"). 2) THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED LAND SURVEYOR. 3) BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF SEACREST BOULEVARD, HAVING AN ASSUMED BEARING OF NORTH 01005'18" WEST AS SHOWN ON THE PLAT OF NORTHRIDGE ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 168 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4) RECORD INFORMATION SHOWN HEREON WAS TAKEN FROM RECORD PLATS OBTAINED FROM THE PUBLIC RECORDS OF PALM BEACH COUNTY. 5) SYMBOLS SHOWN HEREON ARE NOT TO SCALE. 6) THE LEGAL DESCRIPTION SHOWN HEREON WAS WRITTEN BY THE UNDERSIGNING SURVEYOR AS DIRECTED BY THE CLIENT. LEGEND: H.W.S. P.B. ORB. = HELLER WEAVER & SHEREMETA INC. = PLAT BOOK = OFFICIAL RECORD BOOK L SURVEYOR AND MAPPER . NO. 3550 SHEET 1 OF 2 SHEETS DATED: JUNE 5,2006 REVISED JUNE 13,2006 WORK ORDER 15080.100 HWS FILE NO. 06-15080.100-881 ~ ~ LB. NO. ClOO344ll 310 S.E 1st Street. Suite 4 Delray Beach, Florida 33483 (561) 243-8700 . Phone (561) 243-8m - Fax Heller · Weaver and Sheremeta, inc. Engineers .., Surveyors and Mappers . . SOCCER COMPLEX PROPERTY A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. POINT OF BEGINNING SOUTHEAST CORNER OF THE PLAT OF DE CARIE SUBDIVISION PER (PlAT BOOK 24, PAGE 102) so' ~ NORTH SCPlLE: 1 II - 100' i'j~ 'CARiE SUBDiViSION i?J~. 24, I'fWE 102) SOUTH LINE DE CLARIE SUBDIVISION (P.B. 24, PG. 102) b . DE CARIE STREET N89"16"Os-E 551.23" I I I I ~ 1/ 1 ~ ~i59 Q: I r-irS #- :ro- (,? I ~;t~ < ~2~ 8/ N~8 1- m IU I- (,? ~53 : ':f S I c: ~I u. / o i ~ ; 8 z SOCCER lCOMPLE::f PROPERTY (7.42:t /\CRES) , p p 1 ,.. o 110 !: g I I I I 589"16"05"'W 136.00" / NOO"43"55'"W 23.79" NOO"43"55"'W 46.6T 196.82" 589"16"05"'W I I SHEET 2 OF 2 SHEETS HWS FILE NO. 06-15080.10D-SS2 Heller · Weaver and Sheremeta, inc. ~} Engineers .n Surveyors and Mappers LB. NO.'OOO3449 310 S.E. 1st Street, Sule 4 Delray Beach, Florida 33483 (561) 24WOO. Phone (561) 243-8m - Fax . SOCCER COMPLEX PARKING AREA A PARCEL OF LAND LYING WITHIN THE THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. , LEGAL DESCRIPTION: A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER 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 CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE S89016'05"W ALONG THE SOUTH LINE OF SAID PLAT OF DE CARIE SUBDIVISION FORA DISTANCE OF 551.23 FEET TO THE POINT OF BEGINNING; THENCE SOo043'55"E FOR 604.30 FEET; THENCE S89016'05"W FOR 400.00 FEET; THENCE NOo043'55"W FOR 604.30 FEET; THENCE N89016'05"E ALONG THE SOUTH LINE OF SAID PLAT OF DE CARIE SUBDIVISION FOR A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 5.55 ACRES OF LAND, MORE OR LESS. NOTES: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY (''THIS IS NOT A SURVEY"). 2) THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED LAND SURVEYOR. 3) BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF SEACREST BOULEVARD, HAVING AN ASSUMED BEARING OF NORTH 01005'18" WEST AS SHOWN ON THE PLAT OF NORTHRIDGE ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 168 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4) RECORD INFORMATION SHOWN HEREON WAS TAKEN FROM RECORD PLATS OBTAINED FROM THE PUBLIC RECORDS OF PALM BEACH COUNTY. 5) SYMBOLS SHOWN HEREON ARE NOT TO SCALE. 6) THE LEGAL DESCRIPTION SHOWN HEREON WAS WRITTEN BY THE UNDERSIGNING SURVEYOR AS DIRECTED BY THE CLIENT. LEGEND: H.W.S. P.B. ORB. = HELLER WEAVER & SHEREMETA INC. = PLAT BOOK = OFFICIAL RECORD BOOK HE FL SHEET 1 OF 2 SHEETS DATED: JUNE 5, 2006 REVISED JUNE 13, 2006 WORK ORDER 15080.100 HWS FILE NO. 06-15080.100-8S3 M. LB. NO. 00Cl344ll 310 S.E. 1st StreeI, Suite 4 Delray Beach, Florida 33483 (561)2~700-Phone (561) 2~m - Fax Heller · Weaver and Sheremeta, inc. Engineers ... Surveyors and Mappers SOUTH LINE OF DE ClARl1E SUBDIVISION PER (PLAT BOOK 24, PG. 102) WESTERLY RIGHTOFWAV. LINE OF THE FLORIDA EAST COAST RAILROAD __. _~51.2~.T~'16'O.5"W. SOCCER COMPLEX PARKING AREA A PARCEL OF LAND LYING WITHIN THE THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. G!IJlfST~~=Ai\fi ES"rATES - (fI.B. I 12.~G.2a) w ~ Z W ~ Z ~ U o r~iE lCi~,iR~~ ~'SULSmVIS&ON (P.B 20. P(J. '!02} . . 50' , N89016.05"E 400.00. POINT OF BEGINNING o '" ;i C> SOCCER CO!'-\'1'iPLEJ< PARK~lfIJG AREA f In f: o o o Z {5.55:t /~CRES} / 400.00. S89.16'05"W SHEET 2 OF 2 SHEETS Heller · Weaver and Sheremeta, inc. Engineers ,.. Surveyors and Mappers LB. NO. 0003449 ~ NORTH SCALE: 1" - 100' I I I I I I 7 J.- l~ I~ 8 I~fi: I IJ.J -.I I 'I:f .... $: tJ:t-., 0", ~g (J POINT OF COMMENCEMENT SOUTHEAST CORNER OF THE PLAT OF DE CARIE SUBDIVISION PER (pLAT BOOK 24, PAGE 102) w r., In ~ "It . o o . o '" ~ o CD HWS FILE NO, 06-15080.100-SS4 310 S.E. 1st Street. Suite 4 Deny Beach, Florida 33483 (561) 243-8700. Phone (561) 243-8m - Fax 50' INGRESS EGRESS EASEMENT A PARCEL OF LAND LYING WITHIN THE THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLbRIDA. ~ LEGAL DESCRIPTION: A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER 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 CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE S89016'05"W ALONG THE SOUTH LINE OF SAID PLAT OF DE CARIE SUBDIVISION FOR A DISTANCE OF 551.23 FEET TO THE POINT OF BEGINNING; THENCE SOoo43'55"E FOR 50.00 FEET; THENCE S89016'05"W ALONG A LINE PARALLEL WITH AND 50.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID PLAT OF DE CARIE SUBDIVISION AND THE EXTENSION THEREOF FOR A DISTANCE OF 1148.41 FEET; THENCE N01005'18"W ALONG A LINE PARALLEL WITH AND 40 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 4 FOR A DISTANCE OF 50.00 FEET; THENCE N89016'05"E ALONG THE SOUTH LINE OF SEACREST SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23 AT PAGE 3, AND ALONG THE SOUTH LINE OF GULFSTREAM ESTATES ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 28 AND ALONG THE SOUTH LINE OF THE SAID PLAT OF DE CARIE SUBDIVISION ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR A DISTANCE OF 1148.72 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. NOTES: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY C'THIS IS NOT A SURVEY"}. 2) THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED LAND SURVEYOR. 3) BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF SEACREST BOULEVARD, HAVING AN ASSUMED BEARING OF NORTH 01005'18" WEST AS SHOWN ON THE PLAT OF NORTHRIDGE ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 168 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4) RECORD INFORMATION SHOWN HEREON WAS TAKEN FROM RECORD PLATS OBTAINED FROM THE PUBLIC RECORDS OF PALM BEACH COUNTY AND A DEED RECORDED IN OFFICIAL RECORDS BOOK 2979, PAGE 579 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 5) THE LEGAL DESCRIPTION SHOWN HEREON WAS WRITTEN BY THE UNDERSIGNING SURVEYOR AS DIRECTED BY THE CLIENT. LEGEND: H.W.S. P.B. ORB. = HELLER WEAVER & SHEREMETA INC. = PLAT BOOK = OFFICIAL RECORD BOOK A,INC. 6) SYMBOLS SHOWN HEREON ARE NOT TO SCALE. AL SURVEYOR AND MAPPER . NO. 3550 SHEET 1 OF 2 SHEETS DATED: JUNE 5, 2006 REVISED JUNE 13,2006 WORK ORDER 15080.100 HWS FILE NO. 06-15080.100-8S7 M LB. NO. 000lI449 310 S.E. 1st SlI8llI, StiIB 4 Delray Beach, Fklrida 33483 (561)243-3700. Phone (561)243-3777 . Fax Heller · Weaver and Sheremeta, inc. Engineers ... Surveyors and Mappers 50' INGRESS EGRESS EASEMENT A PARCEL OF LAND LYING WITHIN THE THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. J WEST LINE OF lHE SOUlHEAST ONE-QUARTER ~ (SE-1/4) OF THE NORlHWEST ONE-QUARTER SEACREST BOULEVARD (NW-1/4) OF lHE SOUTWEST ONE-QUARTER (SW1/4) OF SEC. 4, TWP. 46S., RNG. 43E. -'-'---"l-'-'-'-'-- '-'-'-" j. 0 0 SCALE: 1" -100'2 o :D -t I lEX 5 .0 ~\ . ~ _' N01"~5"1~""W '-' ~so S SU PE PA en m BSTING SEACREST ......> ~(') AQUATICS SITE m= . m en ~-1 . fI) "C ;l>\l:l C)c l'if< ~; ,-'-'-'---'- - 0 Z ... Z ... CD ~ CD .l ;.. CD ~ 0 u: m CD CD CD " ... CD ... 0 ... CII ~ I CD ~ =... II! SOUlH LINE OF --' GULFSTREAM ... m '. ESTATES ~ _ en PER (PLAT BOOK 12, "IH, -I PAGE 28) ~' 7> . ~.... N' m ~ en -- U1H LINE OF EACREST BDIVISION R (PLAT BOOK 12, GE28) tIl -I~ :=c: MF ;!>"l'! ::=' MATCH LINEA SHEET 2 OF 2 SHEETS Heller · Weaver and Shererneta, inc. Engineers ." Surveyors and Mappers LB. NO. llOlI3Wl MATCH LINEA SOUTH LINE OF GULFSTREAM ESTATES PER (PLAT BOOK 12, PAGE 28) ... .. .. CD ;.. .. . CD CD CD " .. CD o u: ~ SOUTH LINE OF DE CARIE SUBDIVISION PER (pLAT BOOK 24, PAGE 102) SOO"43"55""E 50.00" POINT OF BEGINNING SOUlH LINE OF DE CARIE SUBDIVISION PLAT PER PLAT BOOK 24, PAGE 102 OCEAN AVENUE zr CD U! .. G! o ClI I m .. .. ~ =... II! a m ~ :Ill iii I W,i j!!l . 40' . I !; I :: I I;; '0 !~ I POINT OF COMMENCEMENT ~ SOUTHEAST CORNER OF lHE PLAT OF DE CARIE SUBDIVISION PER (PLAT BOOK 24, PAGE 102) :/-____ WESTERLY RIGHT OF WAY, --___ LINE OF THE FLORIDA EAST COAST RAILROAD c;J -m :an C1> ';:0 N_ :.m 'en "c 2>l:U G')c m- ..S oen N- --0 Z HWS FILE NO. 06-15080.10D-SSa 310 S.E. lslS1reel, Suite 4 DeIray Beach. Fkrida 33483 (561) 243-8700. Pbone (561) 243-8m. Fax EXHIBIT "B" AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT made and entered into this day of 20_, by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA (hereinafter referred to as "SELLER") whose address is 3300 Forest Hill Boulevard, B-246, West Palm Beach, Florida 33406, and the CITY OF DELRAY BEACH, FLORIDA (hereinafter referred to as "BUYER") whose address is 100 N.W. 1st Avenue, Delray Beach, FL 33444 For and in consideration of mutual covenants set forth herein and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, and in further consideration of the terms and conditions hereinafter set forth, the parties hereto, intending to be legally bound, agree as follows: 1. AGREEMENT TO SELL AND BUY The SELLER hereby agrees to sell to the BUYER and the BUYER hereby agrees to buy from the SELLER, subject to the terms and conditions hereinafter set forth, that certain property in Palm Beach County, Florida, legally described as follows: Begin at the Southeast 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 196,82 feet; thence NOoo43'55"W for 46.67 feet; thence S89016'05"W for 136.00 feet; thence NOoo43'55"W for 23.79 feet; thence S89016'05"W for 117.14 feet; thence NOoo43'55"W for 604.30 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 a distance of 551.23 feet to the point of beginning. together with all and singular the rights and appurtenances pertaining thereto (hereinafter referred to as the "Property"). 2. PURCHASE PRICE A. The purchase price is the sum of Eight Hundred Thirty-Four Thousand Seven Hundred Fifty Dollars ($834,750.00) payable at time of closing by Cashiers check. At such time as the purchase price is paid, the aforesaid deed shall be delivered to the BUYER. B. Purchase Price set out in Section 2.A. above is based upon 7.42 acres. In the event that the actual surveyed acreage is more or less, the Purchase Price shall be adjusted up or down in the amount of $112,500.00 per acre based on the surveyed acreage of the Property actually purchased and sold. 3. TIME FOR ACCEPTANCE If this Agreement is not executed by the SELLER and the BUYER on or before September 31, 2006, this Agreement shall be null and void. The date of agreement, for purposes of performance, shall be regarded as the date when the last one of the SELLER and the BUYER has signed this Agreement. 4. CLOSING DATE This Agreement shall be closed and the deed and possession shall be delivered on or before October 1, 2006; unless extended by other provisions of this Agreement. 5. EVIDENCE OF TITLE BUYER may obtain a title commitment proposing to insure BUYER's title to the Property. All costs associated with the title search and all title policy premiums shall be paid by BUYER. If title is found defective, BUYER shall notify SELLER in writing specifying defect(s). If defect(s) render title unmarketable, SELLER will have a reasonable amount of time, not to exceed sixty (60) days, from receipt of notice within which to remove the defect(s). BUYER shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to BUYER; thereupon BUYER and SELLER shall release one another of all further obligations under the Agreement. 6. CONVEYANCE SELLER shall convey title to the Property to the BUYER by Special Warranty Deed. The Property shall be conveyed in an AS IS, WHERE IS manner without any express or implied warranties or representations outside of SELLER's ownership interest. 7. ADDENDUM PROVISIONS Any provisions in an attached Addendum to this Agreement signed by the BUYER and the SELLER shall control any printed provisions herein in conflict therewith. 2 8. OTHER AGREEMENTS No agreements or representations, unless incorporated in this Agreement shall be binding upon any of the parties. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 9. DOCUMENTS FOR CLOSING The BUYER shall prepare the deed, and the closing statement and submit copies of the same to SELLER's attorney, at least five (5) days prior to scheduled closing date. to. EXPENSES State documentary stamps, if required, and recording costs shall be paid by the BUYER. 11. PLACE OF CLOSING Closing shall be held at the office of the SELLER or as otherwise agreed upon. 12. TIME IS OF THE ESSENCE Time is of the essence of this Agreement for Sale and Purchase. ATTEST THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA BY Thomas E. Lynch, Chairman BY Arthur C. Johnson, Ph.D., Superintendent Board Approval Date: Reviewed And Approved As To Legal Form School Board Attorney Date: 3 Signed in the presence of two witnesses Print Name: Print Name: Approved for Form and Legal Sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA Jeff Perlman, Mayor ATTEST: Chevelle Nubin, City Clerk 4 EXHIBIT "e" (Maps) ~~,~~;;~-;~:;~~-~~::;~~~rl1~"" 2' r "!~i '-lIS~li f/H H PI IIIl :t= ~ ili' "c ~ .,' ~- L,~;- ~ E ~ lri ~ ~ EF~6i::J:.::=.r=t, ,'1~ r -1': I, ~ ~ ~ ~ m ~ 1 I~~~ .11"'1"... ., ''l ~J'I'1I11 t' ! '~"""'11 .... 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" __ ,;,~.~ '-.. ~_ ~ l4 i ' ',;' -~ .:.:". -- - _. - - ~...,' 000""'''''' I j .--------=---=--' ....:,~- II '~ RETENTION --=:J 1- II ~ ' ," r , _.,;".. ___ I 01 /' I /JITT ,T'TT'-rrrTTF - - --- ---- f (, -, ./ '" ...,~T-q--'T - I r'd' , ," , " "",,0' , ' ~, " ","''''''''''''''1' J It _ I t--Tl ti+~' --J!.~p" ' L/ I o Zl ' ,.ut .,_,.j.c ,II' , ,_, l' , ~T rt- 1-w..w-1.ll.illlf' ! 'II !il' ,t"l,'i''''''' ..' .-' ,,,m,,,,,,,,,,,i I I ll: ~ i:: <::~~L~"=~J~~~~I!I"":;S in:l>6' ,'., - :J:- ::a a I (') iiI .... I ::a 1'111 I'll ~ (I) I (I) == (') : ." :z: I c: 01 (I) ~ i : Ii L.:~ : ~ : ~ I : ---, I i ;::3 - i(fll I 1m ~\ai0 :\~~~~ _ ;,Y / ~___________ .... t;--..= I /; ;/ "- '. I ~. 0 ~ ,;' '\\ q , ' i Oil (r-------- \, \ "JI''') 1 · / I l I I --I \ " ,'--/ J / I II ! 1-----/0I! /' , ". f ' : I~ I I ! II I :i, ! ~ //~I(li!ITT'-;-:![;- ,!.: /l , ,I ,. ' . / ' !#fI'lill'" '.-' Iii 'I I! II li~lil,-I~- _-4~.,.":,:~I~,i,I,llllil,IIIII.~~, II ~I I I Ii, II,! I" ',J I -.",--, ,-' -,-- " """,,( I ~I I ; II i i,l I.. e--- I ,,1 ,I I ,;! ' . " i ii' I L ,II: i L -----' I - Ii " Il ! Wl': I I \ \ l--.:=:J .I.II_! 1'1 ~~ V r1 Ul',: l !.'I'" /;,_1' 1---- 1!' i" \\', /i/lli ~: L ,I ~ q! ",,- '-. '__ / / / 1,1 (_+--,' ---j I " " '----~--,-// " I " / ...J I . Le' '---_/ ! I,: .- I ffi - =:::---:.,;--_ i i: I ~ :, ~ Qi l WZ -"'::::c:-.. ) I il,'l ., ~ I __:::~...:::...L.J_ , , j " . i' ' _ ~, .__ 1 J I _ I I I jl __ '-- ____ ~ '-----j I __ - I __ I - I ----.J m ~!ii:-a 3: e~!1 ." '<::! m fII :J:- m (') ." ~ ~=S; (') ~G)Z :z: .. ::z: =t '"II (I) 0'"11 m .... n (') O::z:::a iiI :!O~ .. aO- _ :J:-.... tit .~ ~ Z::! i:G) ." Ii o ~ ~ o en tJl~ ~,J~ C:)IomC >g!!l~ nr->'" ill~.olll tJl en ~g nZ tJl~ MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t~l AGENDA ITEM # q t= - REGULAR MEETING OF JUNE 20. 2006 GUARANTEED MAXIMUM PRICE (GMP)/OLD SCHOOL SOUARE (055) PARKING GARAGE/CATALFUMO CONSTRUCTION AND DEVELOPMENT. INC. TO: SUBJECT: DATE: JUNE 16, 2006 This is before the Commission to consider approval of the Guaranteed Maximum Price (GMP) in the estimated amount of $15,708,412.64 for the construction of the Old School Square (OSS) Parking Garage Project as submitted by Catalfumo Construction and Development, Inc, The estimated cost of construction is based on the current design documents. Funding, in the amount of $10,882,000.00, is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School Square). We will have to borrow additional funds to construct the full garage or reduce the scope of the project to bring the cost closer to the available funds. Recommend consideration of the Guaranteed Maximum Price (GMP) in the estimated amount of $15,708,412.64 for the construction of the Old School Square (OSS) Parking Garage Project as submitted by Catalfumo Construction and Development, Inc. S:\City Clerk\agenda memos\CM GMP ass Garage Catalfumo 062006 City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mvdelravbeach.com TO: David T. Harden City Manager FROM: Victor Majten Deputy Direc r of Public Utilities SUBJECT: Old School Square Parking Garage (PIN 2004-044) Agenda Item: Presentation of Guaranteed Maximum Price (GMP) for construction of the parking facility, DATE: June 13, 2006 Attached is a request for staff to present to City Commission for review, discussion, direction and/or approval of the Guaranteed Maximum Price (GMP) for construction of the Old School Square Parking Garage, project 2004-044. Staff will present the estimated cost of construction based on the current design documents. Detailed costs are itemized in the proposal submitted by Catalfumo Construction and Development, Inc., titled Phase 4 Construction Documents/GMP Estimate. Section 5 of the proposal, Constructability of Design Details Reflecting Feasibility/Cost/Schedule, identifies elements under consideration in the project design. Section 13, Guaranteed Maximum Price Proposal, clarifies the basis of the GMP estimate. Presently, the GMP cost estimate is $15,708,412.64. Funding is available from Account # 380-4150-572-63.29, 2004 G.O, Bond/ Old School Square, in the amount of$10,882,000. cc: Richard C. Hasko, P.E.; Director of Environmental Services Randal Krejcarek; City Engineer/ ESD Rafael BalIestero; Dep. Dir. Of Construction City Clerks Office Agenda File 06-20-06 Project File 2004-044 (A) e ~ '" ., S:\EngAdmin\Projects\2004\2004-044\OFFICIAL\Agenda memo Cataf GMP 06-20-06.doc D/< [ITY DF DELIAY IEA[H CITY ATTORNEY'S OFFICE ~()() NW 1st AVFi\1 , ' DII.RAY BEACH, FLORIDA 33444 TELEPHO'\iL: .~h II")() . FACSlf\lILE: 561/278-4755 DELRAY BEACH F LOR I D A Dad All-America City , , III! 1993 2001 Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: June 13, 2006 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Representation of Palermo v. City of De/ray Beach and De/ray Beach Police DeDartment The above case was served on the City on June 12, 2006. The suit contains a count for violation of Law Enforcement Officers' Rights pursuant to Florida Statute Sec. 112.532(6)(a) and a count for unpaid wages pursuant to Florida Statute Sec. 448.08. Our office recommends the appointment of outside counsel for the City. It is our recommendation that Leonard Carson, Esq. and Lucy Turner, Esq. of Carson & Adkins, P ,A. be appointed to represent the City in this lawsuit as they are also representing the City in the Plaintiffs Civil Service case. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the June 20, 2006 City Commission agenda. cc: David Harden, City Manager Chevelle Nubin, City Clerk Leonard Carson, Esq. qe:, MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~1 AGENDA ITEM # q \-\ - REGULAR MEETING OF JUNE 20. 2006 APPOINTMENTS TO THE CIVIL SERVICE BOARD TO: SUBJECT: DATE: JUNE 16, 2006 The terms for regular members Ms. Emily Dobard and Ms. Kristin Christensen will expire on July 1, 2006. Ms. Dobard will have served an unexpired term is eligible and would like to be considered for reappointment. Ms. Christensen will have served one (1) full term is eligible and would like to be considered for reappointment. The terms will be for two (2) years ending July 1, 2008. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications and would like to be considered for appointment: Kristin Christensen Incumbent Emily Dobard Incumbent Gerald Franciosa (also applying for the Downtown Development Authority, Public Employees Relations Commission, Police and Fire Fighters Retirement System Board of Trustees, Community Redevelopment Agency, Police Advisory Board, and the Board of Adjustment) Diane Franco (also applying for the Downtown Development Authority) A check for code violations and/or municipal liens was conducted. None were found, Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Ellis (Seat #1) and Commissioner Fetzer (Seat #2) for two (2) regular members to serve two (2) year terms ending July 1,2008. Recommend appointment of two (2) regular members to the Civil Service Board for two (2) year terms ending July 1,2008. 5/06 CIVIL SERVICE BOARD TERM EXPIRES REGULAR MEMBERS CURRENT TELEPHONE OCCUPATION 07/01/2006 Emily Dobard Home: 278-9795 Unexp Appt 06/21/05 210 NW 6th Avenue Educator Office: 278-9795 Delray Beach, FL 33444 Cell: 573-2908 04/30/2007 Scott Aronson Office: 243-7286 Elected 04/21>/06 Planning Department City of Delray Beach Parking Management 100 NW 1st Avenue Specialist Delray Beach, FL 33444 07/01/2006 Kristin Christensen Office: 939-6776 Appt 06/08/04 17 Northeast Sixth Street Vice President-Sales Fax: 330-6422 Delray Beach, FL 33444 Cell: 952221-5280 04/30/2007 Jennifer Reynolds Office: 243-7192 Elected 04/27/05 Finance Network Engineer Re-e1ected 04/21>/06 City of Delray Beach 100 NW 1st Avenue Delrav Beach, FL 33444 04/01/2007 Larry Zalkin Home: 498-0740 Appt04/15/03 7204 Francisco Bend Drive Financial Advisor Office: 499-7609 Reappt 04/05/05 Delray Beach, FL 33446 Office: 653-6501 ALTERNATES 07/01/2006 Eric Luckman Home: 737-4791 Unexp Appt 10/25/05 821 SW 34th Avenue Attorney Office: 737-3133 Boynton Beach, FL 33435 Cell: 436-5414 Fax: 737-5180 04/30/2007 Rodger Ribeiro Office: 243-7256 Elected 04/27/05 Parks & Recreation Recreation Re-e1ected 04/21>/06 City of Delray Beach Superintendent 50 NW 1st Avenue Delray Beach, FL 33444 Contact: Venice Cobb 243-7056 SICily Clerk/Board 04/Civil Service DEtllAY BEACH ~. AHnIerItaC"l , (Ilt . 1993. 2001. RECEIVED CITY OF DELRAY BEACH JUN,O R 2006 BOARD MEMBER APPLICATIO~'TY CLERK Please e 0.[ rint die followin information: 1. Last Namc: C.uR.. _ ~<'. I ... '~rc.,..J~ 2, Home Address: J7- .N F t.. -f;. 3. Legal Residence: A ;> rt-b J.J E.. 4. Principal Business Address: 9-9~ c,. ..J4{A-/A.--{, C Av< ~ z -{ ~ J Namt:, 1/ ,,-((..I..::.nv Cicy Dc: I C../'K... h.. City . .I.K Zip Code 33 <I '-I '-I Zip Code State ~ State ;:::L Zip Code 3?:,'if;3 City [>._1.. ~J ,fl !....4c,--L. State 5. Home Phonc: ~: (. 939." -:q "":1-(., E-Mail Address: J6'1:;.hua---k.c- he I y1 V<' .:::hv.-~- 6. Are you a registcred voter.? Lt lA....... If SO, whcre are you registered? 7. \XIhat Boucl(s) arcJou inte:tested in se~1.og? Please list in orQ,u of prefcrcnce: c,,/. I ..) 'v.M L<.-. ~ A-r-J .k c.. GJ'Y\-. Business Phone: Cell Phone: .fax: 952 2"2/ ,jUD 9~2 Z.,21 52RO ~(~L~ A- 8. dy serving or O'lVC previously serve.d; (pleas~ include dates) 9. Educational qualifications: 10, List any related professional certifications (lnd licenses which you hold: ~ 12, Describe ocperiences, skills or knowledge which qualify you to se:tVe on tills board: (pl~ase attach a brief resume) .( llb vc stl1tc:m~nts are trUe, and I lIgt:ec l'lod underlltand that any misst3tcmeot of mal:erial facrs ~"~ , use forleiturc upon my pan of any apPOin~;~nt I may receive. o --.ab-- DATE Note; This applicatioo ,,,jil remain on file in the City Clerk's Office for a period of 2 ye:u~ from the date it was subrnirr.ed. It will bl.:: the applicant's responsibility to ensure that a current application is on file. _ SICI'!YCI.BJ>.KIL\O,'''D'APPU<':'' nON Kristin (King) Christensen 17 Northeast Sixth Street; Delray Beach, Florida 33444 (952) 221-2580 (mobile); (561)330-6422 (home) KRChristensen@bellsouth.net Professional Experience 07/99 -08/03 Marchese and Associates Vice President Delray Beach, FL; Mpls, MN Achievements: · Awarded National Sales Leader 2002 · National sales leader first and second quarter 2003 · Raised 75% more revenue in '02 than closest ranking competitor within the company. · Increased commission revenue by 30% from '01 to '02 in perhaps the most difficult market in the histonJ of the financial services industnj. · Developed loyal client base where 100% of clients produced repeating business. · Established relationship and negotiated exclusive recruiting arrangement with a growing division of the nation 1 s largest financial seroices company (Citigroup.) · Negotiated highest commissions paid to the firm for placement of a financial seroices wholesale representative in 2002. · Instrumental in building a sales team recognized as best in class by a national ranking agenctj. · Consistently recognized by clients as honest, loyal and prioritizingclient best interests. Responsibilities: . i Developing client base. Accomplished through cold calling, referrals, networking and face to face meetings with prospective clients. Contract negotiations. Accomplished by demonstrating to new clients the value of recruiting services and structuring mutually beneficial fee agreements. Recruiting. Accomplished by selling candidates on the job opportunity by consultative yet persuasive approach. Travel. Maintained consistent face to face contact with existing and potential clients via routine office visits, extensive dinner and lunch meetings and regular industry conference attendance. Managing business within a business. Worked in a higWy autonomous 100% commission structure successfully budgeting resources for continued growth. 06/96 - 07 /99 Legends Cafe and Bar Minneapolis, MN Manager ('97 - '99) Bartender ('96-'97) Waitperson ('96-'97) Achievements: · Business revenue grew year over year. · Sales increased by over 200% during my years as manager. Education 09/95 - 01/97 Luther Seminary ) Presidential scholarship 09/91 - 05/95 Hamline University B.A., English. Magna Cum Laude. s1. Paul, MN St. Paul, MN Elected Phi Beta Kappa, junior year. OB..RAY1IEACH . t. 0 C' .. . .. 'llll! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION * ,; "I~' 'lll,,* I I~~",.r,,'" 3. 2. 4. Principal Business Addt:ess: cs-AfJr- 5. Home Phone: Business Phone: -- lis Sb.' Axe you a registered voter? City State ZiJ? Code E-Mail Address: Cell Phone: Fax: 7. 8. List all on which you are currendy serving or have previously served: (please include dates) 9. C!)(:- FZ-ovi c(~ c.----' '12 Describe experiences, skills or knowledge whiCh qualify you to serve on this board: (please attach a brief resume) certify that all the above statements. are true, and I agree and understand that any misstatement of mateWl facts in this a p . may forfeiture upon my part of any appoin tl may receive. 6 J Z6ay- NA: ATE .i. ,;..le: 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'alY~PUCAnON ;- - , . OfUU..Y n€A.Ot ~ 11m 1993 2001 Aug_ 04 200U*~!~}' <?/ iff; CITY OF DELRAY BEACH E.CE.\\1E.D BOARD MEMBER APPLICATIO~. 4 'lUUS . . f>..\lG - ~ v c\..e.~ crt 1 . FA:< t 10. : 5612660746 U E 1..:U::ltit ~or'l : GER-SHII ... III ~ 43 3d 4. U~/Utc~~ lH~ IJ:~3 ~AJ v Please type or. print rbc foUowing infOIDJaUOn.: 1. I..ut Nunc: City 2. 1-/ . ElItE 5T 3. ~~Qo: SA-nir; 4. P.cinciplLlBusinc:ss Ad~: City Oty $hLte 74' Co& I. 7. 'BU6ioess l"'b.one: J- ~olUe Phone: . (bl -Vc,t 06oY' 6_ AL~ you lL .c~te.z:ed vo~;- ,.. kJV" Vk7 rn ; cS . . . " 8. lis! all City Boanh; oa wbkb. you ue cu.t:rendy s~g ot' have pcc.viously serv-ed: ~ iodwk ~~) ;/0 W 't Ed~~ci~ 'l~caliOQS; 8 10. J.lst; any .lelated pJ:ofll!SsioI1Rl Ce.ttifiC1tiC'Wl :w.c;l JiccO$QS -which yuu. hold: ~e YOU{ p!C:6ent:. or m.O$t teceO.t employer. and posicion: 12. D~aibc:: a:pedeDCe$,. skills 0& knOwledge whi& qualifY)'Oa to =0:: 011 this a.u:d: (Ple:ue :unch .. bOd resume) I hcrc:"r _"'. t ~ ~e 1l~'V t<:m<:nts .arc Uuc:. ;rod I lI@:ee Uld ~Clltd ~t?y .wisso.tem.eQt of mll.teial ~ """"""" "'" ,,"plb__ ""'"' f_< upon =I ~ of~, 'Ppa~~ ~ ~ .. (; Mq,.<' SiGNA .. ~ . '. app&auort will J:caWn o.nfile in th.c- Ci11 Qcx:Jt>s Oflicc for d. ~ of 2 yeus from the chtc it ~ bmit!l:ed. It will be the appIic:mf$ r<:3ponsibtlity to Cnsurc.;.t:h.:u; a CUJ:I:ent :appli.Cl1Jion is <Xl file.. . ~~AU>'-"'tUc-.:DofoI ) . . / OEl.RAY SfAnt ......" ". ". ". * * 1. .. t'I ...IcaCily " III! 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION information: 2. &/JCfI State -2- State Zip Code jj 'IS Zip Code 3. C~ Stare Ei-RfJj Bknt.J! H Cell Phone: @ S~J);)Jd'r/() a- '7 ;J.cJI/ Are you a registered voter? ( r \ If so, here ar<;"y:ou registered? C'-:> LfObC P/ft;-C //VC7 -E.l1/1IlNu~L. C~7fbLlc 7. What Boardes) are you interested in serving? Please list in oroer of preference: II C ,VIi.. 'E, ICe" . . f\/7tJw/l/ 4. Principal Business Address: IfJ).o!J lY.mLfjrJ/;C fJVE~ Zip Code 5. Home Phone: 56!) d 7 ~ .~ lfg~ 6. Business Phone: $6/] dlj. ''1/IJ7 3jljl/S Fax: V//lp,(J1Tj ,8. List all City Boards on which you are currendy serving or have previously served: (please include dates) ..... 'E'AI-bS OF ::J:>CJ.I'((i -. Vlll/cE ,1t)1-E C/!fJlfJ-. 11. Give your present, or most recent employer, and position: ~j.o PRo E. 1)13 Lt..c... 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) L:: 1'9 ~ fi 'Lf.IJ .{ hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co . ed in this application may cause forfeiture upon my part of any appointment I may receive. ~~ <7 :JPJ?Jb ~rJ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCLERK\BOARDIAPPLICAnON DIANE FRANCO #12. In addition to raising and supporting my two sons as a widow in South Florida during the 1980's and 1990 selling advertising for a local Delray weekly newspaper, I had the opportunity to be employed in several positions that honedmy interpersonal sales skills. During the past 5 years I have concentrated my efforts both as an investor in both the financial markets as well as the local real estate market, acquiring, developing and presently manage several residential and commercial projects in the City of Delray Beach. 10/10/2005 11:05 FAX 561 737 5180 ORRAY, S'EACH ,..." ". ... . ... .. ERIC H LUCKMAN PA 1(;# '"uu, RECE~ED OCT 1 0 2005 ClTY CLERK ,.'***'* AIf~City '~III! 1993 2001 CITY OF DELRA Y BEACH B.OARD MEMBER APPLICATION Plose e or rint the foUo 1. Last Nunc: , I . f.i C J:!tyJ I/~ 2. Home Address: . -J.I.. 21 .<7.JJ '3 '1'-- 3. Legal Residence: 50~ Q ~ QJ,,,v<... .4. Principal Business Addrc;;s: 5f;SZ 50ury ~Ff1(~SI BU/j) info.nJUtioo.: y~ N:.uue r,-, t::JC , C City . ~}4iO~ /3GltCI( City Stt~ FL SuO: M. I'll Zjp Co~;-- 33 'I3J Zip Code City yProAJ 8rlfCrt ;:::c ~ Code 33<(3 S ta.t:e s. Home Phone: . Business Phone: E-Mcl Address: Cd! Phone: 5IP1757 '-/7Ql 5/? l737 3/33 it (JLI/Ckn~L~.C;DJ >"~~ >y/c- 6. Arc you a J:egiscered VOCCI:? . .IJ If so. where are you Ie . cered? .f 5 r~~ bCj4-0( cry - C/41- 7. \Vlu.t Boud(s),are you mtCI:cstcd in s~? Please list in order of pr;eferencc.: {jVJ l-- 7~l1t C e .'. Fax: . ,/#( . 7"97 Si 8<J /7cJ 8. List all City Bouds on which you HC ~e:ndj se!Ving or have previously secvcd: (plea$c include dares) 'ON&- '. . 9. Edue:ation:d qUjIlifications: B~IJ.. . - /:J/f(....ckI7 l//1W(A h ;'f~O :]:JJ -- tI/JltfoC''/frl h Or /11(11,*/ /9$3 10. List any rch.ted professional cc.ttifiClltiOns 2Jlc:lliceuses which you hold: 11.1.4/ 8~,4 f" 1-,4t:) .. (inl 1(; Ip VV' ~,/ - ,z:k ti-/ /b;./J pi 11. Give YOut prescnt, or most recent employer, an Ebc 1/ L Uk'p-11f/1J. . If- . 1~s--((1t4f 12. Desaibe e:xpenences, skills or kno~edge 'wb.i.ch qu2lify you Co servc on this board: (plc;ASc attach a brid resume) a ...14. c L-<. c/ - I het:~l ~ tha :all dl.e above statements are nue, w.d I agree and undcr:stmd that any uUssb.tcmctlt of Dl3teWl fa~ con - Of - ~ a Ikacion may Close fOkfei(U((: upon my part of any appointment I =y re.ceive.. --- -. I -'- - - -. /tll()/d~. SIGNATIJRE . D.t\l:E r .I>te: This ~plication will. Iem.Un on file in the' City Cle:ck"s Office for:a period of 2 YeaJ:5 from the d:.a.c;,e it'Wa5 submitted. It will be me appliault"S responsibility to eo..suie' dUlt a. cwrent application is on file. . SlCnYCUlIlI08O~UCA1l0" 10/10/2005 11:05 FAX 561 737 5180 ERIC H LUCKMAN PA 141002 MARTINDALE-HUBBELL LAW DIRECTORY ERIC H. LUCKMAN, P A. 3652 Sourh Sea crest Boulevard Boynton Beach, FL 33435-8662 Telephone.- 561-737-3133; Toll Free: 866-Lu.ckman(582-5626) Facsimile: 561-737-5180 Email: EL@LuckrrumLaw.com URL.- htrD~./lwww.LuckmallLaw.com Plaintiff's Personal Injury. Wrongful Dearh, IllsuranceCoverage and Insurance Bad Faith ERIC H. LUCKMAN, born East Meadow, New York, April 4, 1958; admitted to bar, .1.983, Florida; 1985, U.S. District Court, Southern District of Florida including Trial Bar; 1990, U.S. Court of Federal Claims. Education: Brandeis University (B.A., cum laude, 1980); University of Miami (J-D., 1983). Lisled in Leading American Attorneys_ Certified Court Arbitrator, Florida Supreme Court Recipient, Bronze Patriot Award, Academy of Florida Trial Lawyers, 1992. Member: Palm Beach County Bar Association (Member, Medical(legal Committee); The Florida Bar; The Association of Trial Lawyers of America; The Academy of Florida Trial Lawyers (Member, Insurance Committee and Legislative Key Contact Committee); Palm Beach County Trial Lawyers Association (Secretary, 1997; Treasurer; President-Elect, 1998; President, 1999). (Board Certified Civil Trial Lawyer, Florida Bar Board of Legal Specialization and Education). MEMORANDUM FROM: MAYOR AND CIIT COMMISSIONERS CITY MANAGER fJVl AGENDA ITEM # q I - REGULAR MEETING OF TUNE 20. 2006 - APPOINTMENT TO THE COMMUNIIT REDEVELOPMENT AGENCY TO: SUBJECT: DATE: JUNE 16, 2006 The term for Mr, Howard Lewis will expire on July 1, 2006. Mr. Lewis will have served an unexpired term is eligible and would like to be considered for reappointment. The term will be for four (4) years ending July 1,2010, Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr, Mercatur Guerrier. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve a four (4) year term ending July 1, 2010. Recommend appointment of one (1) regular member to the Community Redevelopment Agency to serve a four (4) year term ending July 1, 2010, Marlene Brown Reginald Cox Mark Denkler Deborah Dowd Joe Farkas Katherine Fazio Joseph Ferrer Gerald F ranciosa Diane Franco Bruce Gimmy Mercatur Guerrier David Hawke J ames Houck Howard Lewis George Maso Rich McGloin Leonard Mitchell James O'Brien Kenneth Pe1tzie Jerome Sanzone Kevin Schenck COMMUNITY REDEVELOPMENT AGENCY EXHIBIT "A" Business Owner/Travel Self-employed Business Owner (currently serving on the Parking Management Advisory Board) Education Manager/Banking Administrative Assistant Entertainment (currently serving on the Police Advisory Board) Law Enforcement/Retired (also applying for the Public Employees Relations Commission, Police and Fire Fighters Retirement System Board of Trustees, Downtown Development Authority, Civil Service Board, Police Advisory Board, and the Board of Adjustment) Land Developer (also applying for the Civil Service Board) Business Owner/Retail CEO Architect (currently serving on the Code Enforcement Board) Property Manager (currently serving on the Board of Construction Appeals) Business Owner Incumbent Semi-retired (currently serving on the West Atlantic Avenue Redevelopment Coalition) Engineering/Business Owner/Division VP Law Enforcement Property Management Healthcare Building Official Marketing Thuy Shutt Dinah Stephenson Nancy Stewart Harold Van Amem COMMUNITY REDEVELOPMENT AGENCY EXHIBIT "A" (Continued) Project Manager Attorney /Real Estate Business Owner (also applying for the Downtown Development Authority) Developer (currendy serving on the Education Board) COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 104 W. Atlantic Ave. Delray Beach, FL 33444 05/06 Diane Colonna Executive Director of CRA TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 07/01/2009 Peter Arts Life Insurance Office: 395-1433 Appt 07/05/05 1746 Fern Forest Place Agent Home: 637-3640 Delray Beach, FL 33445 Cell: 703-4770 Fax: 395-4755 07/01/2007 Thomas F. Carney, Jr. Attorney Office: 330-8140 Appt06/17/03 1219 Vista Del Mar Drive Home: 272-5010 Delray Beach, FL 33483 Fax: 330-8233 07/01/2009 Evelyn Dobson Financial Office: 441-6219 Appt 06/21/05 130 NW yd avenue Home: 276-3593 Delray Beach, FL 33444 Fax: 272-4246 Cell: 573-8656 07/01/2006 Howard Lewis Business Owner Office: 276-5183 Unexp Appt 04/15/03 2953 Sabalwood Court Home: 498-3651 Delray Beach, FL 33445 07/01/2008 William Branning Office: 272-6350 Unexp Appt 05/02/06 1461 SW 15th Street Contractor Home: 368-1958 Boca Raton, FL 33486 Cell: 350-7552 07/01/2009 James L. Shuler, Chairperson Funeral Director Office: 265-0622 unexpired term 05/15/01 606 West Atlantic Ave. Embalmer Cell: 441-1129 Reappt 06/19/01 Delray Beach, FL 33444 Fax: 265-2730 Reappt 06/21/05 07/01/2009 Franklin Wheat, Vice Chairperson Realtor Office: 278-2628 Unexp Appt 04/15/03 12195 South Dunes Road Home: 737-3600 Re Appt 07/05/05 Boynton Beach, FL 33436 Contact person: Diane Colonna 276-8640 S/City Clerk/Board O6/CRA Commission Liaison: Jon Levinson (Primary Member) Brenda Montague (Alternate Member) ORRAY 8'EACH ........ ***** wr 1993 2001 C' rJFCE\\I t-l- .. L-~ CITY OF DELRA Y BEACH' , 7 2\lO\i BOARD MEMBER APPLICATldU r ~R\< C ff'< \.,; L,... 1/;7/~ Please riot the folIo . 1. Last Name: information: 2. Name State rl. State ML :2-, Zip Code 3344F Zip Code A-t1' ENE 3. :5/tHE 4. Principal Business Address: t/ lit- City State Zip Code 5. Home Phone: . Business Phone: E-Mail Address: Cell Phone: Fax: 1f99-J// 9 IV lit ZrNMA~@~4elplJ,;.l>ef 6. Are you a registered voter? c c If so, where are you registered? I- .J . l2F L-~ AY Bc'fc 7. What Boud(s) are you interested in serving? Please list in order o~ preference: C 1f,4 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) 6- oft lJ .. '""5 ft:'rms 0/1 j::D 136ftRO Re+t(ed 'hI 05- 9. Educational qualifications: G/<liiJ/)fjTE &Obci!E/? CO,l..L-ec;c (r3t1) 10. List any related ptofessioruU certifications and licenses which you hold 11. <;rlve rour present, or most recent employer, and positio~ {jtfSIJJIi'SS OWNt:.I.~ I4A/UU?crl/R..EO -r/:if/MS PI<E'SStE'S .lJl4tt1e.c!;efrt!c(. 1JG6i<l . 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief teswne) At< j re7ll7ST.Ft> /N#a..P"Uc 72> . f;Jlf!rAJG PFr-:6(2()t'+!>Ll; /i 6' 7b Pr:--L.R,,ty A-M ur:.d7'Fth. A-u" J.Y.l - ffA-5" J3.eEN :5f'EAJT tBE/~':; (c ftI; ,...n.. J 6L(/,"" N C /'(/1<::' frc7 /c//~(~5 P Xu ~"'D!-' ""-0 COKTltUcJ~ -On frlh 13 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of materi3l facts contained in this application may cause forfeiture upon my p~ of any appointment I may receive. 0v~ :t.~ 'i!r{ /o~ SIGNATIJRE. 7/ DATE .l"lote: This application will remain on file in the' City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensw:e tlut a cuttent application is on file. SIClTYa..BRK\IlOARtJIAPI'UCATION om 1'<.eggJ..e ~O~ OaRA. Y Bt:.A.CH ~ fffO! l:.O L'i';)';) I l'i at:. O/~/LUU~ ~~:~O AM uu~/ UU. PJc::I.~~~ type or pcim dle foUowin~ io.fo~Liou:,_ 1. La~;t N:iiTH~:~or< 2. H;;7/~dr,JW ~ 3. L:-g-.d Residence: 7AIVte- 4. Pnncip:tl Bm;joes~ i\ddtc~:;: ?t~ City ~ L/' -J;.....~ / ~~ 7 .~,it;/ ... , :L.. Cit.y !I Sc."l.te .fl- Stak j( If '1~//(} 7 RECEI\/ED AUG -- 9 2005 tIY .c~~~K M. LA- Zip Code 3344- :.(ip (':::od~. ..'( / I CITY OF DELRAY BEACH BOARD MEMBER APPLICATION .)993 200J /1 7 AtJ4;( 6 Clt.y K 1'( SLue J I ~ 7.ip Code /. " 6. Are you.... Ct'{';iSletcd \'ot.("(> E-M....il Adilless:. Cdl Phone: F:1JC ;<EGUJ'ft 4rL.~i tY~57J--//31 ~fblU,~/[)3J r t ~'(l, ~vh4~re ne, Y~~;~;;;.._,~.l/... 5. Home Phone~ Busioess Pl:1oue: ~/-' 77Z!itJ 5 I 7. \'<..'l,,,t H(,Jltnl(:;) an', yuu inkrc:>t<:u ~cr.rinB? Pkar,c, li1>( in otdt:r (If pct:f4:tC':ncc: 4~.._ . ___. _ _ ~;f}IJlft 4 ?c>1~/NO./ c..~.{ /1/:cesr /fTZ.. ;Z&;c;eVp 8. L1~l all City Boards 00 which you ;U'{~ ,-:urt~nr]y $47t'<iog Or han: prcviously se.t.__ed: (ple.ase include &ue~) ~' /~7f1QJ(l1crJ A-PPE~/ -$pKA~ 0/Q2-eJtn:) . . : 9, lducatiooal qllal;fi,~ltions:~ I ' ( ~, . I /~~ /Pr/7/1f/G9? A(YU/~- ~IfGLoJAC(:>~_L1.lf1:.1!7T%IiXE.' , A ' ~. e - II ? SIGAl to, List any (eLtled prolcs~i.(HtJ Lt:tliltCltlom :l1.ld licenses which you hold: . u .. .. m.. _ . !tA-.~ EXi91t11/l/eJf/ 8{// t.. 'D C2J1-lff ~ )&1-rrJc.. ......:. I hereby cectify th1l.c.ll.ll Ih<: above st:ucmcnEs. arc (me, ~Ind I :'lJ;<t:cc and unda'stand dut any Olisstatemeot of mlltc.r:Ul f.'lct:> ccmrain~d . '" appliaboI}:/may CA\ISe. fOl:teitutc upun my part of ~H)Y "ppointmcrH I m<tr J:{'~ive, ;/ ~ k - . B f3 (.7) DATI! { . N....te: . :tpplkation "villlC.1naill on file ill the:. City ti~k's Office fot a period of 2 ye:u:s from the date it W~li :"uhmittc.:L It will be me ;\pplic~aes :tc:spon~ibililY co en:>W'c fh:\t a curtent appJic-3.t1Qn 1~ Ofl fik. ~rnTl.l'r."~""',~F."\,,,pilC.,.:rin.'l n Reggie Cox to 'L4:3:3-'-/4 at ~/~/'LUU~ ll:~b AM uu~/uu~ REGINALD A. COX 715 NW 2",1 SlTeel Dekay RC;iCh FL .'>3444 (561-513-1131) R1.:GCOX@AULCOi\1 ~~:... - Objcdjl'C~ Tr.1Itnn'idt' qIl31it). prnfessiollal sen:ke support. to.l\ good hi:a1n, ill Bit architectllJ"al. COI1Sfru..::ti(.t1, or related environment that nffen ne)(ibi1it~: Rod prolllotes professional dl"'e1ophlelu. HICHLIGHTS OF QUALIFlCA TfONS . 15 y.ears djw~jficd cxperlence ill An;hil~crure, Ci~'il Fllgineering, Construction Management, and Surve'yitlg:""tapping. (3 )'ca~ architcdural ;;pecific.); Ability to prioritize. delegate, and motivate. . QlIid.; learner; rhrive in a dynamic, challenging environment; \Vorl. cooper'ltively with a wide range of cli~nt:-:.; Stare l.icel1s.::d Architect. S(a(e Licensed Building Inspector: State I.icen;;ea PI4.lt1~ Examiner RELEV AN'f EXPERIENCE Construction Documen(ation . O....ersaw, updateJ. anJ lILltirlluined civil ~'ngineering systems drawin~ for the City of Delray Beach Environmental S~rvic(~s Di.:parlrncnl rilr filiiI' ye(lr~. . Succ:essfiilly completed architectural constructiO[1 documents for educational. oftke, re.sidemial, commen;i1\l, and rerrofif projects Qver lne Ja:>t nine yel:lrs. . ATI<llyzed nnd im~rprete.d legal dcscriplltlTlS lo pmJulX digilal slIn'eys. maps, .lOd resource planning bQunctaries. Conservation and Recl'Ca(ion Lmus Pmgrlim (CAR1.), Fklrida r>ept. ofEllv. f'rOfecfion . Productioll Team me.mber for f.e\feral c~'mmerdaJ, oftice. and educational facilities in Cetltrill Florida. . Pel10rmed COtl3[ruClinn documcnllili(l1l review for compliance 1,.I,'irh municipal. stale, illld natk.tlal buildin~ codes. . r'erfom', stTllc-tural building inspections {or residential .md commerci(tl lacilhles. . Pertllm', shop dr:lwjng review fo)' multiple educationltl, mercanlile, and hll$ine~~ ~i1cilitjes. A.dmlJl jstra tiQofMa IIl\gcm C II t RL'.',pol1sihh: f(lr lraifling .md Qver.seeing drafting ledmicians inlhe production (If working dfi:'lwin.ll,s, tor multiple comm.:n;ci:!1 projects. Sverdrup ClC:iS. 199H-20(}() . Succc:ssluUy managed vilriolls architectural projc-ClS. wiLh buJgds over $1.000,000 IrHm prelimimHY design thr()ugh con~tnJctiond()cnlllentatio[l. · Kcspollsibk for rcdut;.in~ constnlctio" docunleTJ! J:.hasc by 5(l'~o on 45.000 SF mercantile projects. · Monitored and reported COSt inn)rmatiuu tQ <lrea ellRineers and arcl1it~ct3 for COSl control data and collected information for speeitic di$cirijine. Bechtel. 1992 · AdrniJlisl\;rL'J :iuht:u"trac.:t prm::elillres. a;; applied to lower-lieI' subcoRtr<lClQrS, 13ech(cJ 19<;3 . Produced :}prell<bheets as required tor subminal. inspec.tiofiS, and hoisting lIUJ rig.ging as pertaining ll' subc.ontr".1cts under tIle U.S. Depm1ment of Energy prime contmct. Bechtel 1993 . O....l.:rs<lw lind dircckd FA\.1U-NOMA administrative functions (l9!JJ-1996) . Developed division or rC.sron::;ibilities and standjll..~ committ~es . Oevdofl(;d anu supc.....i~cd urgani,..tlional blldgef. Cmllputer Skills . Responsible for upda(ing. c.omputer hard\....are and soltwar~, working as omc~ llalson for computer problem;;;. Oflke ofEuvirollolental &r...ice.~, Stlite offl(]rida . 13 years di\'ersified experience uSing AutoCad (Rclca~1; 9.2(00) . Complered course in Advanced PC Troubleshooting. (June 199(, E~st:l]tilll Seminars) . Competent user of <l variety of software which ifll..:ludc Mic.:rnSl,ati()n. Mic.:msoft Word. F.-.:cel, Outlook, CQTelDraw. ~"ordPerfect 7.0, A~Vjew! Novell Gnlup\Visc. AS400, anti Aul() An.::hitcd. . Prolog Projecf ~'langer 5. L 7.0 1 Reggie Cox to 2433774 at 8/9/2005 11:56 AM 003/003 ''''ORK HISTORY JlU"O] - Jun'()5 r]~ns E;.mminer:'B1dg. Insp_ Nov'O I - SepfOJ Proje.ct Coordinator ' Oct '00 - Nov'O I Phlns Exmnlner II Aug -9~- Oct '00 PrvjecI ,\rchilect Nov '97- Aug '98 Pr~;ecl Architect May "97-No\"~7 Intern ^rchitect Se~\ '96-J'eb '\)7 Architectur<ll Drafting Dee -9j-\IIay '1}7 Engineering TedUlician HI Au;; "9)-Dec >95 AUlllCad Operntor May '93-Aug '93 Subconrr\tct Technical Rep. hm '92-Aug'n Field Technician .Tun '86-1)e{' "91 Dr.llhper:s~m City of Roc a Ratou, Boca Raton, FL Fanning/Ifmvey Associates, We~t Palm Beach CilY nf DelT.1.:l Il~ch, Delray, FL ~vcrdrup CRSS. Orlando (.Incobs l::ng_ Group) StuHler STagg &. Associales, Orl.,lldo Hunlnn Arady Pryor M<lsO Architects, P_A_,OrlfUldo (Jt)t;cJ".,in-Good.....in .lnd Associates, Tallahassee Stifle of Flnrida-Office of Environmental Services SUllC llfFlurida-Rurettu ofSuf\'ey and Mapping Hl.'l:hlcl CunslnJcl.ion-A iken. SC (SRS) Bl.'t;hld ClInstruction-A i~eJl, SC (SKS) City lIfDdruy lkach-F.n'iircmmenral Services VepL EDUCATION j\.bSI~r ofBusine~s Admioistl'lltion - U,IVERSllY OF PIlOEKlX, 20tH Ba~helor of ArcltiteClUl'e - ~lORmA A&M UNIVERSITY. 1997 113cnelor of Science, Archire.cwral Sludi.:s - FLORroA A&M U\I VEKSrlY, 1995 Associate ofSdenc~. Dratting; D~si~n Technology - PALM REA(,H COMTvfUNlTY COLLLGE, 1990 Associate (If Arh. Education - PAL:'..1 BEACH COMI\lf{:r\lTT'{ COLLeGE, 1991 . J OELRAY BEACH f , 0 . . 0 ..-, qiir 1993 2001 /~ /lFl CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATIONC DEn J 2005 CITY CLERK ***** 1. information: \) e,n 2. Home Address:" .>~[) 3. Legal Residence: S4~ it 4. Principal Business Address: Name MArK ~!!:- S I State FL State MoIW Zip Code J"S'1l.( Zip Code >)~ &. -Pr"tll.tf\'hC-. A-vc. City V~ State Zip Code 5. Home Phone: Business Phone: E-Mail Address: t~ Cell Phone: t=L. !)lfY'~ Fax: Z:h('"....~7'fS" 2--7 b - {, ~( 0 6. Are you a registered voter? v If so, where are you registered? 1~ ~L- 7. What Board(s) are you interested in serving? Please list in order of preference: eRA 8. List all City or have previous y served: (please include dates) 10. List any related professional certifications and licenses which you hold e) GNATURE DAlE Note: This application will remain on file in the City Oeck's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on ftIe. SICITYCLERKIBOAllD\APPUCATION MARK DENKLER 320 N.W. 9TH STREET DELRA Y BEACH, FL 33444 EMPLOYMENT Canning Shoes, Inc. - President and owner of Vince Canning Shoes at 335 E. Atlantic Ave. since 1994. Third generation operator of retail shoe store started by my grandfather in 1952. Fuji Bank, Houston Agency - Vice President and Assistant Manager of the Corporate Finance Department. Responsible for new loans totaling over $1 Billion as well as managing a total loan portfolio of over $2.1 Billion. Fuji Bank, Houston Agency - Assistant Manager of the Credit Control Division. Supervised Credit Analysts in their preparation of credit reviews of the corporate clients. First.City Bank of Houston - Lending Officer in the Corporate Lending Department. Lending officer concentrating on loans and cash management services for national corporate clients of the largest bank in Houston. First City Bancorportation - Audit Supervisor in the Audit Department. Prepared audits of the operations of the bank as well as loan documentation of the Lending Departments. COMMUNITY ACTIVITIES National Shoe Retailers Association - Director since 2003. Chaiiman of the Informational Resources Committee and member of the Finance Committee as well as advisor to the formation of the Independent Footwear Buyers Alliance. Rotary Club of Delray Beach - Board Director since 1996 and President 2003-2Q04 First Pr.esbyterian Church of Boca Raton - Elder 2000-2003. Member of the Finance Committee since 1999 and Chairman 2001-2003. Delray Merchant's and Business Association - Board Director from 1995-2004. . Chairman 2000-2002. Delray Beach Chamber of Commerce - Ambassador from 1994 to 1998. Finalist for Small Businessman of the Year in 2001 City of Delray Beach - Member of Visions 2005 Committee and Memberoftwo Commissioner's Visionary workshops Leadership Delray Beach - Graduate of Class of 2000 EDUCATION University of Texas at Austin, BBA - Finance 04!10/~006 01:45 56EaN4~lO [fIAr"liJll[f \l I Ell,! PAGE O~ 1/10 (og' QEUlAY BtACH ~ ;fii~ 1993 2001 CITY OF DELRAY BEACH. RECEIVED BOARD MEMBER APPLICATION APR 1 n 2006 CITY CLERK Pk<lse 1: C or print the. fnllo.."in.' infonnauon: 1. Last N>1l11c d _. n.-D-,,-V-L .~ Home .:1lcLLIa t~_~t~_ . J. Legal Residcnce: ''1 N.t. Uofn ct. 4. Princip,~1 Busin":5s Addrc5:;: EL St:lJe M.l. D 7.il~ Cn~;~1 I .~!:LLL:L 7.ip Code .33Y4~ Zip Code Name I . __eJ::L~1J:L._-,-- ee) eJ (,Cl.~_ ~& Cicy C;ty dnt~~(l~ ~tc !,'--t.. State 5 ,~()O +bie hi' \ d . _' Gre 5. Home Phone: Bu~incs" Phone: h-J\bd ;\ddrcss: 5"6 1~304- L/;;{it/ ddr/dowdtJearfh " ac:res ~/. 33r;b3 [-ax; Cell PhonE: 6. J.7J, -3911 :\n; V0U a rq~istcrcd voter? J/I I f so, .",\,("[(' <\r<: you ref}:iSI:erEd? cJ.r ... es Dt-/ra. r IJCd I \Vb,lC 1:\<.l:lrl1 (,! ,in: yl 'U Illtc:rc~tcd in 'C1""mg? PI<::a~c lisc in ordcr of pn:fcrt:ncc' I 111-73$ t4. 7 -. 8. LiH .\l+.:~ity B":lTJf.,Cl1~~~~ rB::;d:;4~t;~~Er have p(cyiol1~h: ,CJ:vcd: CPI~45C indudc dates) flCC _~~.nT 11;\i1 rd ?;:. IlK:: 9 Educa[i(ln;t] qlJ aU ficarJf)n~: If.!. 11. 12. ( Nocc: This l\pplkl\[ic.n v!.ill rCJllain on file in the City ("Jerk's Offi<:f: f0~ a period of ~ yca1"S fl"OO.l the date it wa.." ) ~t1bmitrcd. Ie will be: rile :t{:lplic:H1t's responsibility to cn~ur<,: ch>lc a current application is on l~k. ~...\CITy.n .1~R"'.'lll.J/'ttlf\.i\N'IJ( OA TI( tN DORAY BEACH .,..... ifiir 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION &(1 /J 107) ?tiJa/J&:- ***** Please tint the fo11o 1. Last Name: j ~ 7/e.- Name ..---. MI. JOe- City State Zip Code i!~ ?Z- 3JY ~- City State Zip Code City State Zit? Code 3. 4. Pr:incipal Business Address: '5 D~ e-,q,j-r ~r-~{!V" // ~ . -- P c::7-/l4- ,6 cAe/+- r ~ .?, 5. Home Phone: Business Phone: /"t./e:: ~ c /'c..e..L E-Mail Address: Cell Phone: /_?/7 ;:::,4,,<-t:S:-bS7e ._ /-- I J'-'; ?6.s-1 ~ -> e (,. 0 ""-_ pe-J ~ b 0< / '-I. If so, where are you registered? ( e.~. no. 7. What Board(s)are you interested in serving? Please list in order of preference: 2.. Z/-lev-tv' a.-eA rL ]Jy?i.5 Fax: 6. ..J ~~ ~~ 1 I 1 I i --;' r~.-vt! <- 8. List all City Boards on which you are currendy serving or have previously served: (PLease include dates) 9. 10_ List any related professional certifications and licenses which you hold: 11. Give yow; present, or most recent eniployer, and position: C//V' A~ tn . "12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) o ~,t!- O~ r;, ~~, S€!/z0ceS v6-7ve....../ 4e: /J- d'P...-J ~6),'2 d. ..1 Sc-'ce. i! pe...s /,-ei:. -tV Le. ~. _ . ~ rJ/Ve.. I:Y1. C.,/ I hereby certify that all the above statements are ttu<; 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. s~~ . j .' i ,,,,;te: This application will remain on file in the' City Clerk's 0 ffree 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. . ~AlW\APl'UCAnON b-/v--zoo.s~ DATE May-16-0S OS:19pm From-WASHINGTON MUTUAL +S616898S06 T-18Z P.03/03 F-809 OBJECTIVE JOE J. FARKAS 737 Northwest 37th Avenue · Delray Beach, Florida 33445 (561) 499-4:578 Cell: (561) 271-7651 ~: eeking Management position with growth oriented organization where my skills and E:xperience can be utilizE:d. SUMMARY OF QUALIFICATIONS ~ Professional offerin9 exceptional mana~lerial, organizational and motivational experience in finance industry . Proficient in coordination and implementatic'n of multi task responsibilities . Excellent communic3tion and public relation skills with strong emphasis on customer satisfaction ,. I-'ossess nlgn wor!< etnlc with Vt:1 ::i~ti\jly <:2110 1-'(;0\ ~(;Ove(dnc.e . Experience in trainins and motivating sales and service representatives Continuously exceed:, goals ,. Productive in effective time management to ensure schedules are met '. Effective team player and proven troublesh.)oter EXPERIENCE 11/00 - Present 11/92 - 11/00 4/85 . 10/92 ~"'v....." I......... ) 'NASHINGTON MUTUP.L BANK. West Palm l3each, Florida .' \sst Vice President / ,r:Jnancial Center Manager Hire, train and motivate staff of 15 to become effective bank.ers .' Attained mortgage and consumer loan gro\,vth of 125% to 175% ,. Develop and maintain positive business relationships and community contacts ,. Realized 100% goal attainment for the pas( four years ,\MTRUST BANK, Boc~1 Raton, Florida .~oan Officer (3/97 - 11/00) . Processed loans frer" origination to c1osin9 . Produced $19 million in mortgages during I)ne 12-month period . Underwrote and apPI'oved authority for equity loans up to $250.000 Branch Manager (6/93. 3/97) ~ Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) ~ Provided high customer service levels emphasizing problem resolution and staff development Loan Offlcer(11/92 - 6/93) .. Solicited builders, developers and realtors to originate loans .. Generated $15 millie n in mortgage from 1 ~:/92 to 6/93 CALIFORNIA FEDERAL SAVINGS & LOAN Branch Manager ~ Created customer awareness by developing and implementing marl<.eting programs and soliciting outsidEI business .. Branch consistently achieved over 100% ct prOChJctltln gOCl\::; v.~, '-'-.:...."V.-i-.I.-~I----..u..~;.:~~~;~..:,;13~~~ -:.:::"!!:='- 4- ~I:"'" _-:.I~-- RAr-hp-lnr nf BlJ~iness Administration P'l'-R!-':8~ 00 -j 7/01 ~ \....J v ;il..l,.,.c......\\ 1 'l\\\\'<I CITY OF DELRAY BEACH ../~ j ( . . ,~ 't-~~ v\..~~OARD MEMBER APPLlCATION"LJ' - "1 1993 C\\'t 2001-1Jclrtlj :ZSft/ ***** L 2. 3. Legal Residence: 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:: 6. CI!-IJ U UL It. UJr 8. List 3ll City Boards. on which you are currently serving or have previously served: (please include dates) , ) ~ 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: nv<--- 9 v-L. ck. ~ ~/j d hereby certify that all the above statements ace , and I agree and unde tand that any missrn.teme t of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. Y:af J.L, ~~ J 1€ /~ . .~/4? 11' "IGNATURE DATE 7 j Note: This application will remain on file in the City Clerk's Qffice 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. l':'r1TVf'f .l;lunRCIARrnAPPI.rA TJON RESUME KATHERINE FAZIO 1118 Harbor Drive Delray Beach, Florida 33483 IIo~e:561-276-4939 Mobile: 561-289-2320 Email: k6464@ao1.com Objective: To participate as a citizen on the City of Delray Beach Boards Experience: 9/2005 - Present Carl W. Timpson Delray Beach, FL Timpson Investments, Inc. Assistant Work part-time providing administrative assistance. Written client communications, phone work, bill paying and more. 6/2005-9/2005 Randolph T. Ely Delray Beach,. FL Allmon, Tieman andEly Receptionist Worked part-time providing manyadntinistrative services for an extremely busy and successful real estate office - phones, contracts, mailings and MLS software. Was offered a full-time position. 8/1990 - 8/2001 Write to Me Delray Beach,. FL Owner Initiated and operated a local stationery business. Represented 35 different companies to a customer base of over 300 people in the Delray Beach area. Computer use was extensive for all billing, accounting and marketing. Running the business required organizational skills, creativity, and a gregarious, outgoing personality- Sold the business for more than four times the original investment. 811981-11985 Baystate Financial Bosto1\- MA Assistant Vice President, Investments Responsible for providing marketing and sales support to 135 Registered Representatives in the investment business. The position required in- depth knowledge of investment products which included annuities, mutual funds, unit investment trusts, tax shelters and discount brokerage. Created and maintained all marketing aids, reviewed new products, provided sales support to the Registered Representatives and managed an office staff of five. 8/1979 - 8/1981 Keystone Massachusetts Bosto~ MA Manager, Field Marketing Services The position provided sales support to the Northeast Regional Vice President and all of her broker/dealers. Assisted in the marketing of . mutual funds, retirement plans, annuities, trust services and private money management Responsible for overseeing five other Marketing Assistants. Worked closely with the entire field of Regional Vice Presidents to coordinate their sales efforts around the country with the home office. 8/1977 - /1979 Massachusetts Financial Boston, MA Services Marketing Assistant Started as secretary but was promoted to Marketing Assistant which required sales support and service of customer accounts for the broker/dealers. Dealt with mutual fund products and retirement plans. 8/1976 - 8/1977 Alliance Capital Management Boston, MA Receptionist First job upon completing of college degree. Receptionist for busy investment firm. General office work. . \ i Education: 6/1975 Rollins College Bachelor's Degree Winter Park; FL After Rollins, obtained Life, Accident and Health Insurance license also National Association of Security Dealers license. Affiliations: 9/2001 - Present Paul's Place After School Dekay Beach, FL Board Member and Volunteer 9/1999 - 9/2004 Mentor Big Brother Big Sister . Dekay Beach, FL Personal: Married with two grown children Active community volunteer. Love to play tennis, golf, fish, travel and read ) 05/13/05 FRr 11:11 FAX 561 243 3774 crTY CLERK ~006 OBJlAV lEArn ~ All-AlMltcaa, , ~ II I! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ffiSiAte s-O R~~~~'JD MAY 2 3 2005 CiTY CLERK Plose type ot ~tint me foUowin 1- wtN:une: ~. 4. Priocip~,Busioes:i Addtess: Sr+rn -L---- S. . Home Phone: Business Phone: d . - ogS 8 ~'7tn 77 6. Axe you a registc1:ed vote.c? City Stllte ~ COde E-Mail Address; ..l~. If so. where ue you registcted? Fax: ;)~ -(S. 7. WIw: Board(s) ace you iutctested in ses:ving? Pk2sc list in order o~ pcef~~ncc: c )(.11 8- u n. fir") L-. ~. ~ _No Sl the . l'Te su.tem.m.1s :lee true" 1iU1d I~ee 2nd undcntand thill: 301 misst.atement of 0l3.tcii:aI. {~IS n =y= foddt=~p,",myp'" .f~Y"'pOO>_ty;;~/tJ ~ . . . DA~- . -'j . . .. .a[>plifa!ion"Rill.t~ ()n 6lcin the< City Cledts Office for a period of 2 yeaa from the <<Ute itW2S .. ~.mrpitted- It will be theapp~anes cesponsihiliij fuel:iSurc' tl12.t a,CUtteO.t~[>plialion ~ ~UCAno., ....U,L'_ t uu........-' ,L'O '~IYIOc..r;.I....ot-JfVI1Ytt:.J"(.-,,1:.. '- Joseph E. Ferrer 14%0 North Swinton A';renue Delray Bea~b, FL 33444 (561) 276-8085 OBJECTIVE Provide administrative leadership for a commerdal or nonprof~.t organization to strengthen :community/public image and fiscal position. through priority planning, innovative marketing, and the, establishment of strong pdvate/public sector relationships. . QUALIFICATIONS & EXl)ERIENCE Twent)' sii years of results-oriented e>..-perieJ;lCe, with expertise in the following areas: - Administrative manageJnent Financial analysis and budgeting Bu.siness and marketing plan development Capital Project supelv:l:;don Personnel hiring and training '- ** PALM BFACH POPS I FLORIDA SYMPHONIC POPS, INC. Palm Beach and Boca RatO):11 Florida. 199'2 to present - President and Chief Executive. Officer .. . Overall !business and .fiscal administ:rat~on of a nOD.~profi.t cultural performing arts organization, including an 86-11iece orchestra, 10 staff and . 33-member volunteer BOaI'd of Directors. RE fined playing standards of. musicianship and participated in successful uni)n negotiations. Supervised expansion, restructuring and adoption of new COl])Orate by-laws. .. Developed multi-year business plans to address goals of fiscal stability and revenue growth and negotiated and implemented :finalized contracts for. local and natipnal talent within the gu.ideline,~ established by regulatory agencies governing private, non.pront organizati"Jns. .. · Spearheaded master fund~raisiug structure for individual donations.: . 9upportgrou.p~. private foundation gifts, 5qltdl. b\1siness and corporat~ contributions. Wrote and presented grant requf~st.s for operational funding:.: totaling'over $250,000. annually. '-. .. '..J rH':It:. t).;; I 'j ;~ 1 J I V~/_V/_VVy ~V.~~ .....U.L_iOU.J...J.J L."O ':"'nHI'W1DC'-1"". ....LJl'tU...U::.rtl__c. rH'::Il:. lJ'f 1 '- ZOOLOGICAL SOCIETY OF FLORIDAl MIAMI METROZOO Miami, Florida 1982 - 1992 - Executive Vice President, Director of Development or ManaJPed staff of 63 and a 33.member ':'olunteerboard ofdirectors~, Ensured tha~ the organization operated at peak productivity and conducted. i .~ it3 financial affairs in accordance with standard business practices. : . i * Fostered the society's e:"(pansion from a gr;)SS revenue base of $200,OOQ . i in 1982 to more than $6 million in 1992. via de;felopment of a master fund~. : raising structure for individuals, foundations, co::porations and endowments. : '* Supervised more than $15 million in cap;.tal improvement projects at. MetroZoo, including bid negotiations for COll:struction contracts. on-site mmageulent, ~d on-going maintenance programs. * Engineered membership e:xpan.:siorl from 1.800 to mOl'e than 65,000. . and established the Society as one of the :regioD's premiel' non-profit organizations. '- BELCHER OIL COMPANY Miami, Florida 1980 - 1982 Director of Public Relations a.lId Government Affairs " Developed and unplemented multimillion-dollar annual b~dgets and.j . marketing plaIis encompassing public relations, corporate communications i and advertising. . .. 'fit Coordimited all media contact. operating' from tenninals covering a'.; geogl'aphic area ranging from Boston, Ma. to COllUS Christi, TX. * Acted as liaison between federal and:state legislators regarding;. matters concerning the oil industry. Maintaine'! a positive and productive: working l'elatio~ship with regulatozy governing dgencies. UNITED WAY Mlami,FLj New York, NY; WashingtclD. DC; Griffith, In 1974:-1980Senior Campaign Manager.fol' FundraisiDgl Agency Development aDd Bud&-~ting * Developed multimillion.dQUar campai~ h fOUI major metropolitan areas, working ~losely 'With volunteer boards and :ch-ic leaders to implement ambitiol1.'J employee and corporatetund-raising p::~og:ratnS. ...... ...... ....., ..............."-1.... .--"JI.U.IW..........L- rl4':Il:. 1:1:;) .' I 1 I 1 J j MEMBERSHIPS '''"-- State of Florich Cultural Affairs Review Committee Pu.blic Relations Society of America Florida Press Association Board of Director oithe Mental Health Associ.ati)D Florida Chamber l"s.5kForce on Crime" Miami Crime CoD'llnission Com.mi.Ssion on Race and Religionl Methodist Ch.UICh National Association of Fund Raisers American AssoCiation of Zoos and Aquariums EDUCATION 1 1 " I I ~ i : ~ ~ Indiana Unive~sity, 1974, MS - Public Affairs Indiana University, 1972, BA - RistOIY REFERENCES Available \.\pon; request Bilingual. Spanish ~ - 1 I J I :1 ,-. " .j .~ FPOI-! : CiEP-'::.H11 \HP l.l-l. ,. '):) Hi '. 1-, : :J:, t' Aj ~ III ~.:j 3:.ld It 8ll'3. 04 200~#~!~lI <?/ L/h CITY OF DELRAY BEACH E,GE.\\IE.D BOARD MEMBER APPLICATIO~ h 1\\\\'i . ~UG - 0\1'( C\..'i.~'f.. F8:< 110. : 5612660746 llf:': CLI::l{l\ OfUU..Y B"FACH ~ fijjr 1993 2001 j.J ElItE {'T 3. L:g:ll Rasidcc..= ("" .j~ 4. P.ci.ncip.1,BusiA~s ...'\ddress: City City City St:.l.~ Zif? Co&. I. 7. RU6iness 'Ph.one: J- ~ow.e Plxlne: . 6bl ~t,b060Y' 6_ ALe you 2. ~t<:.red vot:etf' / frY- vlrJrn 1 cS 8. List all City Bouch; QIl wbkh you ue cua:eudy s~g Ot hll.vc pc~v:ioUllly 3CO'eJ; (P~ .iod111:k cb~) tv' OW ~~ti~ qU2liflcalio~B; 13 to. J.lst; any .related pcofu:8siowal ce.rtifica.UNlS 3Jl<;i licctllSelS -which you hold: ll.Gl.e ~ur pUSenl; or =< ,<an, employ^" ",d p."u;.,,,, III- ~A . 12. l)~cribc: aperl=-Ce$. skills O( knowledge whi& qualify)'Oa to save ~r.1 this ha.u:d: (ple:ue:unch 11. bcid'resume) I hcr~ _"" . t ~ ~e lI.~V t tcmOlU ,arc tm.l:. ;md. I agree <l.O.d tI!l~Cll\d lful(?7 wisso.~t of nlll.~ &.eta: """""'" tbu ipptia__ ",",,0 ~< "P= my P"", of ~1'PPOID~ ~ ;::z .. (;. PII04 SIGNA . DJ! . . q; application will J:..muU.o. on hie in tb.e CiLy QaJi:>s Offic.e for d. ~od of 2 y~ ttom the chtc it ~ :bmil!t~. Ie will be the appli=t':o responsibility to Cnsm:c dJal; a current :If'pli.QJion is OQ file. . .!1at1(~""''''l'tUCIcrJ()N ) OB.RAY BEACH ~ .a.-lcaCity " III! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~"\.!F () G C::.-. "." .~, f\~ ~,~.. ~?~ \ 4 1\)\)b . c'''- "" CfC-< C\..E~i information: 1. M.1. , Iff} ;JC 0 2. Hlf!e3ddress$< CLEfi!C8PDoK ell< . 3. Legal ResIdence: S. Home Phone: Business Phone: $61) d/;). .j/f)7 &jjcf/ State ::'L State City State ~LJ(f)j BkfJL# 4- Zip Code jj 'IS Zip Code 4. Principal Business Address: tJdOS tv. ITfL/irfiiC fJVE~ Zip Code 3:JljLfS 56!) ;;7d'~ z.Jg~ 6. Cell Phone: J'~I);)Jd'r/() d '1).0// Are you a registered voter? (rr If so, here ar<:'you registered? c--:> Lj.ObC P/f&C //Vc7 -E~I1IiNu.,fL CA7JbLlc 7. What Board(s) are you interested in serving? Please list in order of preference: 11 C ,V/L... 'E. ICE . fV7bw/V Fax: ,8. List all City Boards on which you are currently serving or have previously served: (please include dates) ! .... EN..1:>S OF .::J>Ej.fi~j1 -. VINcE I'CJ/..E CflfJlP-. 11. Give your present, or most recent employer, and position: ~.t.o PRo E. 7)/3 Lt..C- 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) - L:: fi ~ IE..ZJ .1 hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co . ed in this application may cause forfeiture upon my part of any appointment I may receive. r"7~ . 9 :)~f)b ~'J 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\ClrYCLERK\BOAJW\APPLlCATION I .",~j DIANE FRANCO # 12. In addition to raising and supporting my two sons as a widow in South Florida during the 1980's and 1990 selling advertising for a local Delray weekly newspaper, I had the opportunity to be employed in several positions that honed my interpersonal sales skills. During the past 5 years I have concentrated my efforts both as an investor in both the financial markets as well as the local real estate market, acquiring, developing and presently manage several residential and commercial projects in the City of Delray Beach. / RO!'l : TRillSERShOP. enr'l FAX 1'10. : 5612785626 1'10'..1. 18 2004 03: 38Pf1 PI 11.116/(14 TI!E 10:11 FAX 561 24:J .11i4 ( I ~ (1TY CLERK "'~~ 17/1 >J !!J/i?~ ... .. r?e]/~/7 DELRAYBfACH .. &. .0 .. I . '" ~~~ " II J! 1993 2001 CITY OF DELRA Y BEACH. BOARD MEMBER APPLICATION IM.!. !. I. $~ ji:3~ Stnte Zip Code. 5. 6. 7. R l.i&t ~ Cit}: Boards o~''U.:,},ieh rOf.l: Jue n~trcnrlt. ~I:tying or hav~ previously se'Ye~; iPleal\e indude._dBte~) . ~J. ~~ I J r iO. ~t any relatEd professioo21 ;;;rinC:Luons and lic.c.ns~ which you h.old: 11. Give y()ut present, at most r~CrploZCl:' IUld position.: ex 0.) 'A~r <2 .. ~0~ ; titer all the :l.bQ7e sta1: ni are tn1.<; m.d LiI.groe and UQdcrstuJd d1ll.t any.mil:istal:cmenr of materiAl factli . .ppli",,;.,. "",.au. (, "'""'" u~"" my 1"'" of =y .ppcin""=t I m.; on'] j) kJL . . D.....'IE T nu.. appli~ri.O!lr=in on file in the City.Cler..~'~ Office for a pctiod of2 yeanl ti: G'trvliD submitted. }[ will be t.lte: applica~lts respoJJWJility to cn$UXe that a <:.u.nent appliC2tlOU ilS on iile. mJ\P-""1f~L7lOl~ RECEIVED- NOV 1 8 .2004 . CITY CLERK Utl..KAY IStALH . ..- .. << . . .... ***** All-AmericaCity "II t! 1993 2001 . - . _-e..th!~0f CITY OF DELRAY BEACHRE.Ct~...-qp fc' BOARD MEMBER APPLICATI~ ~ ~\ 1\\\\~ ,a\( ,...,\ ;:,,~,,\ Crr'l t.,;....-' . Please tint the followll infOJ:lrultion: 1. Last Name: 3. Name ML r 2. 3- .4. 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 7. Be' 8. List all City Boards on which you are cw:rendy serving or have previously served: (please include dates) \) /~ 11. Give yow; present, or most recent employer, and positior:c SIGNA: . gr In-r;/o c. DA: / . . ~ote: This application wilhernam 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'LITY~ARD\API'UCATION 03/Z1/U6 TU~ 11:1U ~AA ~G1Z4~~774 D8.RAY 16\01 ~ .. _Idea'" "II'! 1993 2001 \;111 \;LI:.lU\_. IQJ vv 4: ---- _,~o . ~\'J CITY OF DELRA Y BEACH <(;., 0 ~ . 1.\\\\~ . BOARD MEMBER APPLICATIOtf . ~~ / ~. ~~'f.. ~ G:-V: ~ ' G~" 41'7/o~ infODI12ti.on: ~~L- 2. Horae Ad s: . "\ . \~\ ~~t\~~ ~tJL--. 3. up. Residence: . ~A..v\.~ I' 7 A '(?l)\I L.- !4. Principal Business Addtess: City Sb.te ~ Code ~O~() ?..W. \~1-l.-\ ,?l..~L 1\ ~C -;;'-ft.-b S. Home Phone: . 'Business Phone; E-Mail Addtess: Cell Phone: {lax: (C;(;.\) .'l'1. '0. ~ tf III 1.L\. o. L{ '-t Lf 0 \-\:t..w~~~.A~~~~ S'i { - '-I '-14 0 . ~ 1--1 - D.Lle.! 6- lue you a -=egisteted vote.c? ....,1, so. whcce ~ you. tegi5~ \. i D fC..~ 1- What Boacd(s) are you mtettsted in sttVing? l'bse list in Older o~ ptefctalce: Name P.A '-J \ 9 City b\::.-L. 'b>- "( l?c...\ Sb.te f\.-- Sate M.L~ Zip Code ~~yy Zip Code City [ c, ~~ L- \7\.../~,",0\f..) ~'1. &\>{,J t..:i&.. ~o~i Q 8. list all City Bouds on which you arc aw:ently serriog oc have preriously $eCV'ed: (pleue include chtcs) c,o'vcc...- fEt-1. ~o tt-- G:~::/,.qlSlJ 1""" . ~()~"l? EOucatioD2l qualificatioo.s: . .0 ,j 10. List '12. ~aibc upericnoc:s. ckiO.s at kn.owI~wbidt quaJifyyO\l '0 lc.tVe on this halite:!: (please att2.cb a b.def J:'esumc) ~ t ,ACJ~....... . v. \I . l V t::___ \ tJ 6\VtL- QV"ll\S0 \0 I hc:ccby cedify that.u. the a~e statements uc tme, q.d r agree and undecstao.d that soy mUsbll:mcnt of matetial face: _in <hb "Pplicaliou ~T< -- U(>oft my pattof "'Y _;,UmaR] ...y I<Ctiw<. . \ . ~\ AJ\ 0 ~ \t-:c . . . p..~tz.\V ~ ,olP. . 51 . \ \..' '. . DA~ Note: This application will tr.trnatn on file in cheCity acdc"$ Office fOt'. pe.tiod 0(2 yeats from the date it ~ $Ubmitted.ltwillbc the applicanea respoo.sib~ to eO.sw:cthat a CUtteQt ~lk:ation is on roe.. ~. i I DAVID MATTHEW HAWKE 121 Heather Lane Delray Beach, Florida 33444 (561) 740- 4440 OBJECTIVE: To advance and broaden my knowledge of complex architectural, municipal, public facilities projects; To intensify my contract negotiations, designlbuild expertise, and design/construction supervisory experience. EDUCATION: Masters of Business Administration MarymoUllt & Georgetown Universities, In-Progress Master Degree in Architecture/ Engineering University of Maryland Bachelor of Science Degree in Architecture Clemson University PROFESSIONAL EXPERIENCE: HAWKE & ASSOCIATES ARCHITECTS. L.L.C.- President, May 1998 to Present - Design Director and Principal of a full-service architectural firm in South Florida. Specializing in commercial structures, complex building types, and public facilities. The office pursues and has teamed up with large firms onjoint-venture projects in municipal, public structures as a consultant throughout the nation. MASSACHUSETTS PORT AUTHORITY- Senior Project Manager, June 1996 to April 1998 Logan Modernization Program Terminal Area Roadways - Developed a preliminary design to complete Construction Documents in eleven months. The 1.5 mile two level roadway system has + 60 caisson foundations and complex structural design. The airport traffic and roadways must be maintained during difficult phased construction. Estimated cost - $125M. People Mover System (AlTC) - Assisted in the development of a EIS for a automated intermodial transit connector awaiting Federal approval and ISTEA funding. Preliminary transit station design, airs ide/ landside alignments and profiles, curbside disruption, passenger convenience, and busing interface. Estimated cost - $30 M Phase I / $375 M Phase II. Quality Assurance Manager - Supervised four construction inspectors and construction supervisors for active Logan terminal expansion and aviation projects. Airport passenger movements, air carrier, and numerous concession must be maintained during complex construction. DANIEL. MANN. JOHNSON. & MENDENHALL: November 1989 to January 1997 Project Unit Manager and Contract & Procurement Construction Manager: Tren Urbano Mass Transit Project, San Juan, Puerto Rico - July 1995 to January 1997 Bayamon Alignment Section - Negotiated procurement and optimization, including design, procurement, proposal evaluation and construction management, of a large design/build contract for two transit stations, concession areas, retail spaces and 2.4 km elevated guideway. Contract Award - $68M. Centro Medico Alignment Sections - Negotiated procurement and optimization, including design, procurement and proposal evaluation, of a complex design/build contract for three transit stations and a 3.2 km elevated, at-grade, and retained-cut guideway. Contract Award - $72M. Project Design/Construction Manager: Metropolitan Washington Airports Authority, Capital Development Program, Washington, D.C. - November 1989 - July 1995 New Terminal Bridges to Metro at Washington NationalAirport - Coordinated design, supervised and managed Cesar Pelli and Walker Parking Consultants for the design of the pedestrian bridges interface with Metro Transit (WMATA). Contract Award - $39M. Middle/North Parking Structures - Supervised design of two structured parking facilities for Washington National Airport and coordinated with Metro Transit (WMA TA). Managed design and early construction of retail spaces adjacent to and construction within North Terminal Mall. Contract Award - $57M. Rental Cars Quick Turnaround Facility - Coordinated with Rental Car Representatives and supervised the selection, negotiation, design, and direction of the architectural/engineering fIrm of Dewberry & Davis for the design! construction of rental car facilities at Washington National Airport. Contract Award - $21 M. Americans Disabilities Act, Title II, DesignlImplementation - Contracting Officer's Technical Representative in selection, negotiation, and direction of Greiner, Inc. for all public facilities, tenants, retail construction at Washington National and Dulles International Airports. Implementation Costs - $157M. Delta 3-Gate Addition lnterim Terminal - Managed and directed Delta Airlines and its architect , Milton Pate Associates. Full range of airport issues and interface with the airlines, concessions, retail vendors, construction and operations.adjacentto active gates. Contract Award - $38M. ELLERBE BECKET ,INC. Architect - March 1989 to October 1989 Leader of a convention center and hospital design teams (Children's Hospital Center, Washington Convention Center, WMA TA). Designed and produced construction documents on fIve Washington office buildings with retail onground floors. Designed long span convention centers. SKIDMORE OWNINGS & MERRILL- Architect - January 1988 to March 1989 Significant role in the design of two large-scale public projects (Metro Center, David Childs, Washington, D.C.; and Sears Franklin Center, Dean Johnson, Chicago, Illinois) and their interface with the local urban fabric and WMA T A. High rise and sky-scraper design for Chicago, New York, & urban sites. THOMPSON. VENTULETT. & STAINBACK & ASSOCIATES - Consultant -1986 -1987 Worked directly with the Project Manager of the Philadelphia Convention Center. Long span structural designs incorporating convention space and interface with existing mass transit (SEPTA) facilities. Developed designs related to Atlanta Convention Facilities, Washington D.C., Orlando and expansion of those existing convention centers and hotel complexes. PORTMAN. RABON. HATCH. & McWHORTER. ARCHITECTS -Architect - May 1986 Member of design teams (Hilton Intercontinental and Hyatt Hotels). Experienced hotel design from schematics through construction. Working relationships with three principals, mass transits stations with MARTA engineers, gift shop, retail shops, and hotel management. Member of design teams (Hilton Intercontinental, Four Seasons, Ritz Carlton and Hyatt Hotels). Experienced convention center design from schematic design through construction. Working relationships with three principals, mass transits stations with MARTA engineers, public facilities, retail shops, and hotel management. PROFILE: State of New York - Architectural License # 029024 State of Florida - # AR 0016510 State of Massachusetts - Architectural License # 9840 District of Columbia - Architectural License #5030 Commonwealth of Virginia - Architectural License #10736 State of Maryland - Architectural License # 9846- MD City of Delray Beach - Chairperson Code Enforcement - Jan.'02.to Present Real Estate Sales Associate License - # SL 3074267 Palm Beach General Contractor's License - cae - TBD (In Progress) NCARB Certification # 42,428/ File # 37,412 American Institute of Architects - January 1994 - Present Southern, IBC, FBC, & BOCA Building Codes - Examiner and Inspector Habitat for Humanities & American Cancer Society Fundraiser Chamber of Commerce - Local & Regional COMPUTER: AutoCAD2000, Intergraph, G.D.S., WordPerfect, Primavera, Power Point, Microsoft Word, Quicken, MasterSpec FOREIGN STUDIES: Maryland Graduate School of Architecture Palazzo, Massimo and Roma, Italy Cultural Associations - Pension Mimosa, Pantheon, & Florence, Italy LANGUAGES: French (Fluent)! Spanish and Italian (Broken) mr 1993 2001 .3(bL7!IJO CITY OF DELRAY BEACHHECC\VE[) BOARD MEMBER APPLICATIBH 2 7 2006 C i -rv f"" l"t::: cH< .J I I t '\.,J .. . I . ORRAYBEACH . .. Go C . . A. ***** Please rint the follo infonnation: 1. Last Name: \-.\. ~ ~ 2. Home Address: . L. .AfI'l' ~G 3> C::;._ {.U ~b. 3.. Legal Residence: _ 6 8- fY\ ~ .4. Principal Business Address: City ML V Zip Code 5 Zip Code Name City State Zip Code 5. Home Phone: Business Phone: ~~ t.:. . ~ t8~b 6. Are you a registered voter? Fax: ~(~& 7. 8. 9. Educational qualifications: ,~ ~ Lvt2. If:) ~tJ~ to. List any related professional certifications and licenses which you hold: . O-Pr . ualify you to serve on this board: (Pl~f atttch a boe . . e-~~QL8U ,. statements are true, and I agree and understand that any misstatement of nute11M facts q cause forfeiture upon my part of any appointment I rrulY receive. .. Y-Z1i?tb 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 ensuie. that a current application is on file.. . s<aTYa.I!RJ38OAlW\APl'UCAnON . JAMES HOUCK - RESUME OBJECTIVE & PROFESSIONAL HISTORY Page lof3 OBJECTIVE To secure a PROPERTY MANAGEMENT position where interrelated experience in Architecture (5 years - Building Design and Site Planning), Operating and Capital Reserve Budgeting (18 years), Computer Software (20 years - Microsoft Word, Excel, Access and others), Construction (3 years), Corporate Business (10 years - Management, Sales, Marketing and Training), Property Management (18 years - Portfolio & On-Site Experience) and Real Estate Licensed (21 years - Commercial & Residential Leasing, Sales, Marketing) will be of value to your company. PROFESSIONAL HISTORY 1992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida) Property Manal!er "On-Site" managed a 460 unit condominium development with nine (9) five (5) story buildings and two swimming pools and a clubhouse. Managed a portfolio of up to 16 high end community associations, collectively consisting of 649 individual homes and 345 two (2) and three (3) story condominiums totaling 994 units. Responsible for preparing, implementing and overseeing the annual budget expenses of over $4,000,000 collectively. Professionally managed the contracts of accountants, architects, attorneys, carpenters, electricians, elevators, engineers, general contractors, horticulturists, insurance companies, irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other contractors, vendors and agencies. Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 4 asphalt roadway overlay & 9 sealcoate projects, 8 painting and 5 sloped roof replacement projects. Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need to personally have to the calculations. Work with various city and county agencies on building and landscape projects. 1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida) Property Manae:er Consistently directed the operations of up to 15 properties, collectively consisting of more than 1,000 two-story and mid-rise condo units and individual homes. Responsible for preparing, implementing and overseeing the annual budget expenses of over $3,500,000 collectively. Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 2 asphalt roadway overlay & 8 sea1coate projects, 5 painting projects, 3 slopped and 2 flat roof replacement projects. JAMES HOUCK . Resume - Page 2 of 3 1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida) On Site - Propertv Manae:er & Leasine: Director Directed all on-site property management, sales and leasing efforts for a 40 bay 95,000 square foot Office/Warehouse building. Responsible for negotiating aU contracts and leases. Liaison between general contractors and maintenance companies. Created and implemented annual budgets and prepared monthly financial analysis. 1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California) Real Estate Ae:ent Working with developers, property owners and tenants negotiated more than $4,000,000 in retail and office leases and land and building sales. Created and utilized computer generated databases to work with buyers and tenants and also investment programs to analyze building and land sale opportunities. 1984 - 1985 FRED SANDS REALTORS (Los Angeles, California) ) Real Estate Ae:ent - Commercial Division Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by extensive cold calling on owners, tenants and other brokers. 1974 - 1984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois) A high end residential, laboratory and institutional cabinet manufacturing company. Western Ree:ional Sales Manae:erlMulti-Housine: Division (Based - Los Angeles, CA.) Successfully directed the development of a new region of dealerships, independent agents and corporate accounts throughout 7 key western states, Eastern Ree:ional Sales Manae:erlMulti-Housine: Division (Based - Ft. Lauderdale, FL.) Effectively managed 17 independent dealerships throughout 8 key eastern states. National Operations Manae:erlInstitutional Division Supervised all corporate accounts and dealer services. Corporate Sales Ene:ineerlDraftsmanlEstimator JAMES HOUCK (Licenses, Designations, Memberships, Board Member, Education) Page 3 of3 PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSIDPS 2005-Present Commercial Property Management (CPM) Candidate (IREM ID #0159693) (Chapter #76) 2005-Present Florida Notary Public Commission (#D411955) 1989-Present Florida Community Association Manager License (#5414) 1987-Present Florida Real Estate Broker License (#500323) 1984-1987 California Real Estate Broker License (Not-Active) 1984-1987 Affiliate member of the "International Council of Shopping Centers" (ICSC). CITY GOVERNMENT - BOARD MEMBER 2004-Present City of Delray Beach, FL - Vice Chairman - Board of Construction Appeals ) EDUCATION 1987-2005 FLORIDA - Real Estate & Community Association Management Continuing Education Classes 1984-1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California 9 Commercial Real Estate Classes (Property Management, Marketing, Finance and Appraisal) 1976-1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin 8 Business Management Classes 1971-1974 UNIVERSITY OF ARIZONA - Tucson, Arizona Bachelor of Architecture De~ee 1969-1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale, Illinois Associate of Architecture Degree ) JAMES HOUCK 3763 S. Lancewood Place Delray Beach, Florida 33445 561-865-2636 jdhouck51 @bellsouth.net STRENGTHS & SKILLS Page lof2 As a highly organized and self motivated professional with interrelated experience the following are a few strengths and skills I can offer: PROPERTY MANAGEMENT Create an extensive "Management Plan" to reflect the goals of the property and their owner's. Able to fulfill the manager's obligations under the property's management agreement. Able to manage a broad portfolio of properties and maximize their property values. Ability to quickly learn the roles and functions of all positions within a new property. Test economic alternatives to increase value and make recommendations. . Understand financial statements and accounting principals. Knowledge of available insurance coverage to protect owner's assets. Proficient in creating operating and capital reserve budgets and effectively manage their expenses, Understand and work with lease/sale analysis and investment software. Prepare an "Operations Report" if required. Examine problems and create viable solutions. ,1-- Develop short and long term market analysis and economic plans. Orient new residents/tenants and promote positive relations. Enforce collection and foreclosure procedures. Constantly analyze properties physical and fiscal concerns. Understand legal issues as they relate to tenants and owners. Oversee operations, lease administration and construction management. Manage budget costs to maximize profitability. Monitor the construction of tenant improvement build-outs as required under lease term. Understand and meet goals of a property. Understand staffing and employee relations to create a top notch team. Maintain expense controls and increase Net Operating Income. Able to properly oversee the selection of contractors and other vendors. Strong ability to administer contracts and create tenant relationships. Proven record of excellent internal and external customer service. Provide direction and leadership to various in-house and out-sourced personnel. Inspect and evaluate all building equipment, systems and grounds to insure that.the appearance and operations of the property meet established standards. Develop emergency procedures and preventative maintenance programs. Develop operating and capital budgets and track variances monthly. Manage approved capital expenditures. Negotiate and approve leases and contractual obligations related to the continuing operation of the property. James Houck Page 2 of 2 - Strengths & Skills FACILITY MANAGEMENT Able to help or take on role of Facilities Manager, when needed. Negotiate and manage conformity with vendor contracts. Understand and manage capital improvement projects. Understand and work with architectural drawings. Conduct and prepare extensive property and building inspection reports. Knowledgeable about the construction and other components of a building. Manage risk factors effectively. Monitor owner improvements. Properly select and work with service providers. Identify and work out construction defect issues. Properly communicate with and motivate employees and outside contractors. Hire and effectively supervise employees and outside contractors. Oversee landscape and irrigation services and implement new projects. Able to effectively coordinate and/or oversee the security services; parking garage and valet services; tree trimming and removals; janitorial services; building engineer personnel; cooling systems; roof repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects; concrete restoration projects; fire sprinkler systems and most other services and/or systems as needed. Properly plan and implement all the various types of maintenance projects, renovations to common areas and other scheduled long and short term maintenance and construction projects. Able to work closely with tenants on their build-out improvements. Familiar with most architectural building systems. GENERAL Understand the dynamics of a lease and leasing to a tenant. Long term knowledge working with computer programs (Word, Excel, Access & others). ,-- Strong organizational, management, administrative, communication and leadership skills. Mature, responsible and businesslike in demeanor. Positive proactive work ethic. Flexible and able to multitask effectively. Professional in approach and appearance. Work effectively in a cohesive team environment. Willing to put in the hours it takes when needed. Willing to travel when needed. 06/07/06 WED IJ:JJ FAX 56124J3774 CITY C~~___._ llJ 00 J .-_. -.- '-'.-.-.- DElRAY 8EACIi ~ 1ID: 1993 2001 Please or rim the followio infoanation: 1. Last N2lQle: 'k.J j'--i, 2. Home AddrC"J3: C) /' _...., 0'" -) j. ~ 3. LegaJ Residence; MJ. SCIre 4. PLi.llop2.l Business Address: ;2r W. /t~,,-h'L- Home Phone: Business Phone: /"1v -c.-- E-Mail AddJ:ess: City D,J;r, 5. ShI-YCj&,- J"r ( 2- 7~ - )-f y 5 6_ Axe you :1 r:egiste;red vote!? Cell Phone: State Zip Code A ~J'fY-~ Fax: 7. Wlu[ Board(s) are; you inlereSlcd.in s - . Pl~e Iisl in orda of preference: If so, wheel: are you registered? bdll 8. 'I eATl-~ EdUCl\tional uali6caooDs: 'F/~"- U" III. . G....t.,........ Lllt....- 10. List any related professional cettifia.tioIlS and licenses which you hold: 11. Giv;e JOw pxesem, o~ most recent employer. and position.::__ Sc-( r -<:...A- t., c-f .. l. 1 .) ;t.. 12. Desa:Jbe experic:.nCC$. $kills or lowlcdge which qualify you to Se.tVe on dlls boaed: (Ple.sc att:l.c .2. brief J:esume) Z ~<..- C;JW~~ (Lv.,- fu J:' ~ <:>....;::> ......... i {' IL}, h4v~ c..- --'~ ~- - (m.Q><Z.- CfLI'r b.;l",~'~""" .<fL.~ lI-ClJ~'" I hueby certify th..J.[ aU the above sa cmellt5 are true" and agr<:e lI.J1d undttStmd th:.1t:my oUsSb!temCDl: of matttia1 fact'.! contained in mi!; llpplicatioa milt cause fOJ:feinu:c upon my p~ of 2!lY IlppointmeJl[' I m..y receive. -'-' ~ ~ &h~, SIGNATURE DATE . v\.o <.-.:> "ik ~ .ev if !f !O<..~ 'O..-"\.. ~ Note: This a.pplia.tion will.renu.in on file in the City Clerk's Office for a period of 2 year.; from me thte it W~ gubmitted. It w:iU be the applicant's responsibility to eosW:1: that a CUUent application is on file. . . J"\C1TYt1hf~.uDlAI'!'UCAnoH ?-d O?C'I_TOC'fTOCl _~""IJ.J. .J.PUC: T t::.Jau~ dTT~cn an In unr .. "U;),.:':4~;U-S-- It::L."-l:1. :t~ ~;U ~:>nl-'Z4;} :nH -N~~6"'iY --(;1j::lU\. . . ~ -1ll007 OBRAYBEACH ~ ~CilJ "" I! . 1993 2.001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION sid 'Ila 1 ":JE-- ,r.t:=~\/En. r, __' "'..' , ..1. . L 2. Ho ess: fJ.J 1010 0 e/(' t'(U.. . 3- Le~ Rcsideocc: ~)UC.. 4. Pcincip:dBusinet>~ Addcc.3:l: S:;l.m e ff:;;:'~ ~:;~blf ~,~"; ;;:'06 6. fue you 11 ~gistCTcd votct? 'i e s N~me ~e-cr< €.- Ci~~. ~~ Cit:]" Z:iP Code :) '0 Jt4'1 Zip Code infotmJlci.on: S~J... State: City State Zip Code t:z~1.706 .,; J:~lated pI:ofessioo.al q:pific:a.noOB llnd.licenscs which you hold: re. - FJ~. !/ e&.de ho'W\ I - 4uroJ.. '12. ns:b~fht;~>S' 1 hacby' certify dta.t 311 me: wove SfAttlD.co.ts arc: ttue,. ;and I acne and undasand d~:u: 3Jl.y [nU:~tatcm.<::D.( of JIlj)r..n" 1 ~ ,on,,",~- == fo,(""'" ~oo ~F"<tof"'1 ~';~;Jcf- SICN.'\: _ DATE Note: This :l.ppliClltion will. o:m.ain on file in tb.<: City Oak':5 Office f~ :I. period of 2 yew> from the <hk it was . ~ubwitkd.. It wj]1 be the :Iflpliunt's respoas.ibil,icy to eUsuie that 2.. current :lppliaa.tioll is on 6le. lNnY~~noll ~~/l~/~UU~ Ib:~l 5Gl~G53~G400l} IPI PA'3E 03 (jeoPge majO' Jonej Ph:J) PO BL1X 7006 BOCA RATON, Fl3343/ E-mail.-GeorgeMaso@wehtv.net Telephone (56/)265-3:16-1 T~/~faJ( (56/)265-3264 March 5. 10 City Of DelrdY Beach Ci~' Clerk's Office. 100 NW 1 to A venue Delray Beach, FL 33444 Dear Sir/Mad.ame: Attached please find a completed Board Member Application. It is my intention and desire to serve on the ConmllUlity Redevdopment Association (eRA) board. As agent for Juan Rodriguez and representing him with regard to his property located on West Atlantic Avenue, J have been an active member of the community f(ir the past eleven years. TIuough this involvement, as you j know, I have served on various boards and comminees. and have enjoyed witnessing and being a part ofthe successful redevelopment of Atlantic Avenue. With that said, I feel that there is more work to be done in dljS redevelopment, through my involveinent and the friendships 1 have made, I have developed a 1)3ssion fOT the A venue and its people. T believe that my professional ex.perience, as described on my reswne, 8Jong with my community involvement in Dekay, uniquely qualify me (0 serve as a board member oCtIle CRA. I am confident that together we can complete the vision of Atlantic Avenue. Cordially, .. it" .. - . . pql.~D\{ P03 . RESlTME CEORGE MASOJONE'S. ... . :. EDUCATION: .. Vndtrgraduat. DegrH In Law Ph.D in Soda1 Selence Univ.rsity or Uruguay University of tJrusudY Post Doctoral Studit. 1%\ the artas of Business Administration, International Banking, foreign Relation!, Communications, MarKtting,Medta, PUblicity, and Sale. Promotion. \\- nOFESSIONAL APFILIA nONS: .' . . foreign Press Cent.r of New York, Member International 'reu Association, Pr..fdent.1973~7S UoftJOub international Assodatlon, 'Board of Directors Olrter President 01 Unit,d NatioN LIons Club~1977 Latin American Federation of Public Relations, Member of Board U!\fverslty...~ Illinoit, Chicago, nIinoIs.Oepartment of Criminal J\tstice Cuest ~eturer_ Jlorida Atlantic Unlverilty, !oc& Raton, FloridA- (nternational Trad. Sp'elalist, Counselor . - LANGUAGE FLUENCY: . Enallsh, French, ItaUar\, portusuesa, Spanish nOFBSSIONAL IXl'EIUENCE: AI con.uItant, advisor, .valuator, negotiator, andlmpalementor with exttt&slvt lr\ddlviUlfi.d ,xp@r!tnce in both public and private sector, 11' the Mlc!dleEut, Far Eut, Europ., North America, IndLatin America with, for and 01\ bthalE of clients Involv.d in international business ventur~s. . ...'.......,.. ,.u.. . : .'\I"'t/Ceo'lt M~.o JO~~I . PI 2 Ar.a. of experlenc. and experti$f are weJl grounded and identified in International financ., blnJcfng, International'bartering, in~ernaHo~aI trade, commerce, developer 01 Industrial pro{ectt and cpmmarcial contracts. Troubl. shooter for governments and independent business in important .witiv. and'dencat. arau. ... . . . . . PROFESSION AL Im-E~NA TIONAL INVOL VE~iENT: . Aul.ted In putting together tiRUPA80L 11:0\1p 'betwean Uruguay, Paraguay ,nd BoHvll. . Collaborated and d.veloptd original scheme an.d implemented .Ima representing thegovtrnmant of ~r\lguay. . Personal advisor to BoHvlan President BArrientos. Arranged finanelng and supplied 5000 tractors to i6v.rnm~nt of Bolivia by Titan Tractor,Corpora:lon, New York. - , . . i . Coordinated and implemtnted a proJ~et of h~u.slng and apartment (omplexes forth. Munlclpality of Mont_video, Urul\J'ay. Over:l period of five years, lftOI'l than 80.000 person, wettabl. to .upgrade their hO\J$ing standards ~nd. 'ersoX'al lIvlni conditions. 11\1. project was a JoInt effort bet':Yeen Inter Amlrlc:al\DeveJopment Bank and thJ City of Montevideo. . . . RlpreJtntatlv. ofl1ruguay to UNESC9 Pari., Fran<:e. Conducted ~pUnars in Journalism, mass communication and media strategies. . . . . ,. ., Itepresentativ. of EXPO 7Q Osaka, '.pa~. Lec! prIvate and official se(tors. · Publisher of Ne~.papeJ' EXTR.A for "idldone. Orientales Cooperath'a P.rlcc!l,tie." Monttvl~eo, Uru,uay. . . Sped.1 .dvltor to Dr. JOSt MoraOtero,Mlnlster 0' Foreign Alfairs, Uruguay. .. .( . Unlt.d Nation., NYC ~ Information and press advisor tOlovernment of Urusuay. Spfeilt Advisor to Amb.s~~dor of Vruguay to the United Nations. . . . ~ .' PO:! Juume/Ccor,. Milo JOI'OI'PI ) . SpeeiaJ appointed r.egotiuor lor barter 01 Uruguay sheep/mutton for Kuwait erut!loll. Concluded and implemented two (Qntracts in 1978 and 19?9. N.gotiated JoInt Venture (or produetlon 0" anti-pollution chemicals between Crant Chemical Corporation, New l.rsry..at\(~ Brazil (Petrobru). ,Negotiated desaUniution plant contracts between Brazl1ian Government Il'\d Royal ComMission CJUbll1> .JCincdom of Saudi Aragla. Plant completed and Oft ,tr.am 1ft Jun. ljSl. . . .: . Central II,Ul' in d.velopins 10~OOO unit apartment house project lor the Munlei~ality of CuayaquiJ, Ecuador (Banco de "Ia Vivienda': . SpedaI assignment with ITEL Corporatlot\, San Fundsco, California in to!\ju"~tit)n with M,,,,fcan 'Cov,rnment (CONASUPO) to locate and retrieve 264 railroad box cars which had.~befn mi~ling f9r hV~ rears i.n Mext '"0. Spedal eon.ultlnt to Pre$ide~t Roldo.t of. c~~,.dor to arr&ng.~ barter betweer. Etuador and India. . .; ~ J.rrang. tor ~afood products of Mftsui Corpo~.tlon, O~Aka, Japan by Trans~o. ri.h Com~any,NYC for comprehen$iveU.S. dlstriQ\.\tion . . . · Arranged flnanc:!na lor AMESA, Uruguay, for its 5ugarrefinery. .(USD 27 B\UUOtl., eOl'l\pleted in three phues)~ Abo AMESA, Uruguay have arranged use 12 mUl10n 10a1\ with OPIC, V(ashiniton, ;OC luarantee: This transaction wu compl.ttd wlthlft lint quarter of 19,86. . . ~ ,. .. lntertec S.A".p~~ial con.ultant to luzll, Argentina and Uruguay In' Il\t.,national finane., ~ankln" tree trad. ~Otl", 'or the new common market. e. . S~dat advIsor to thtCzech PApub1Je In the ir.as of International Sanking, Intt!'!\ationaITrad.. and InteTl'lltlonal Relations with Latin America. .. . , . .. .. , 05/13/05 FRI 11:00 FAX 561 243 3774 CITY CLERK ?= f.detc~JO~0fm 410/1Y( DB.RAY BEAOi ~ 1ire 1993 2001 PI . th CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION RECEIVED MAY 1 R 2005 K eue tvr>>c 01: l:>nnt e folloWl.Q2: infOJ::tIation:: 1. Last Name: H ~ b L 0 c,..J N~ \ C!.. W- e M.. I. fTyr:1 J: ~ 2 HotD.e AddtC$~: ,J. City~. ~~H- Sbtc Zip Code 2. 2. 7$;" S w. ...J-rON - ~v 3. l.:egal Residence: City St~te Zip Code 4. PtinciJ.n1. Busin(:$s .Add1:~s: City SOlte Zip Code ......--- ---- 5. HODle Pbone: Business Phone:.......... E-Mill A.ddr~ Cell I'hone: Fax; 2710. !:4~e ils;-.4IQ5 ~l~" ~ ~ L.o. ,..,@ g~" oS. 0 u7"'t04 . N c" Z79. +331 6. .Axe you a. t:egiste.red votc:J:? Y€5 If so. where aJ:e you tcg.i,>tcted? ilA ~E~e.~ . . ~~ y 7. What Bo-.cd(s) :LtC you intc:testcd in serving? Please list in or<kt: o~ pre(er.etIee: C"RA . 8. list all City Boards on which TQU a.lC cun;endj secviog or ha.ve pteviou31y sctVcd: (please induckdata) -~- . - f(~~t\e.~ , 9. Educatio~ qualilication:s: . ---"-~-~.......-." "," ....,....-......-- 10. List any related professional certifications ~ licenses which you hold; 11. Give YOU( present,. OCInost rec;eO,t employ~ and p~sitio~ . 12. D~be ~et1OCS. skills ot kn.owtedge whim quufy you to serve on this boud; (please atbch a bcief resume) '.--" . I bcteby <:d:tify that 211 the ~ove $t:ltetllenbi ace ttue, 2nd I agree and understand. that lInY missb.tancnt of material facn <"'~ 'P~ __ 00U$e 6rlei_...... myp".'.r.O} oppoio.t=otl "';! ~ O~ 11~~--. . . So ./~. SIGNA"IURE DA"fE Note; 1lUsapplication will tenwn on file m the' City aedes Office foc 1l period of 2 yeaa: from the date 11 was submitted. It will.be the appliont's responsibility to ensureth2.t a. cun:ent application is on file.. . ~~~l1Ol'f APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMBER Richard McGloin #8-12 Downtown Development Authority Board of Directors - July 2001 to Present Delray Beach Master Plan Implementation Committee Committee Member May 2002 through Present Delray Beach Master Plan Design Guidelines Committee Committee Member May 2002 through January 2005 Delray Beach Master Plan Transportation Committee Committee Member May 2002 through January2005 Public Arts Task Force Committee Chairman Aug 2002 through November 2004 Pineapple Grove Main Street Board of Directors Oct. 1996 through Sept. 1999 Chairman of Artwalk Committee - Oct. 1999 to November 2004 Downtown Merchants and Business Association Board of Directors - Jan 1999 to July 2001 1996 City of Delray Comprehensive Plan Review Committee for Parks and open spaces Seacrest Homeowners Association Board of Directors - June 1992 to Present Southridge Homeowners Association Board of Directors - January 1997 through January 1998 Mayor's Taskforce for solutions for the Atlantic High I Seacrest property 1996 &1997 My 30 year business career includes: Electrical Engineering, Division VP for Greyhound Corporation and a successful small business owner. This variety of positions has given me excellent experience in interfacing, supervising and creating a consensus with a broad range of people. My term on the Board of Directors for Pineapple Grove Main Street was as Business Coordinator. I worked with the Program Manager (Tom Fleming & Lou Waldmann) and the other board members to run this organization in a business like manner. This position required personal interface with the business and property owners within this district and many presentations to the City Commission and CRA board. In January 1999 the Downtown Merchants and Business Association was restructured with many new board members added. I was invited to sit on this board due to my familiarity with the business issues in Delray both from a Pineapple Grove viewpoint and as a property owner on East Atlantic In 1995 I was a member to a committee to review and suggest changes to the city comprehensive plan. John Johnson was the city staff member who chaired this committee. . Iri 1992 I worked with Ms. Deborah Dowd to establish the Seacrest Homeowners Association, a voluntary membership neighborhood association. I have been actively involved in the "neighborhood plan" since it was first conceived is a joint meeting with the city manager, the planning and zoning director and several Seacrest board members.. I have. recently rejoined the Board of Directors. ) APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMBER Richard McGloin As a property owner in the Woods of Southridge I joined their Board of Directors at the time when it was imperative for the stability of that neighborhood to show property improvements. Part of that project was working with the city on the plan to change the streets from private to city owned and add the improvements necessary to promote this area as a strong viable neighborhood. After requests from the Seacrest Homeowners Association, Mayor Jay Alperin formed a task force that included city, county, Atlantic High and neighborhood members to search for a solution to the blighted property to the west of Atlantic High School. This task force formulated the "field house I gymnasium" concept and lobbied to make it become a reality. I made many presentations to the city commission, county commission and school board on behalf of this project. ***** .<.ow ~~e~A/f OB.RAY BEACH ."0.'."" 'fijr 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION information: City 2. H9ffi:e Addt;$ss: .f"rpJ /t.1t/ 3. Legal Residence: N?!PNI'/ttiJ City '::: WI /t.1/I 1. 5. ZiJ;> Code J. 33t1'1 Fax: 5lP/- 'I~'1-~/~ 4. 7. 8. CL 'tC: Fell rJ-M U Ail tJ~ 9. - I hereby certify that e a ove statements are tme, and I agree and understand that any misstatement of mate.ri2l facts licatio may cause forfeiture upon my p~ of any appointment I may receive. CJft;-tJ(P-t7~- .. DATE 1...ote: This ap cation will remain on file in the' City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensuiethat a current application is on file. . S\CI1Y(1.IlRK\8OARDIAl'PUCAUON Leonard B. Mitchell 6563 Rainwood Cove Ln Lake Worth Fl33463 (561) 433-4584 (561) 662-5949 (cell) Professional Experience: July 1997- Present Palm Beach County School District, WPB, FL School District Police Department Police Captain! Assistant Chief Internal Affairs Bureau; Fingerprint and Identification Bureau; responsible for budgeting for 172 sworn police personnel; directly supervising 4 zone lieutenants and 100 sworn officers; imple- menting departmentaVdistrict policy and pro- cedures. Aug 1989- July 1997 Palm Beach County School District, WPB, FL District Supervisor Primarily responsible for the protection and safety of school personnel, property and students. Estab- lished and maintained partnerships with appropriate community police agencies. SupelVised 15 school resource officers. Aug. 1983- Aug. 1989 Atlantic Community High School, Delray Bch. FL School Resource Officer Primarily responsible for the protection and safety of school personnel, property and students. Developed security plans for all school activities. Enforced all applicable Florida State Criminal Statutes. Developed and implemented student Drug prevention programs. 1982 Tallahassee Police Department, Tallahassee, FL Routine Patrol Officer Safeguard the lives and property of the citizens of The City of Tallahassee, FL. Enforced all applicable Florida State Statutes. ) Leonard B. Mitchell Militarv Experience: United States Army Commissioned Officer, 1977 - 1980 Defended the country against enemy forces foreign and domestic. Earned commission as a Second Lieutenant, August 1976. Graduated from U.S. Army Officer Basic Course, Ft. Benjamin Harrison (Ind~) March, 1977. United States Army Infantry School-Ft. Benning,Ga Deputy ChiefofPersonnel Management, 1977-1978 Assigned all incoming officer personnel, managed school's travel budget, developed and implemented workable Race Relations program and Interpersonal Skills program. . Personnel Officer/ Admin Officer, 1979- 1980 Responsible for 5 departments that consisted of 335 millitary personnel. Assigned all incoming officers and enlisted personnel. Developed the department's Race Relations program. Imple- mented the TRADOC Management Information System. Education: Florida A & M University, Tallahassee, FL Bachelor of Science, Political Science/Pub Mgmt 1976 Troy State University, Troy, AL Master of Science, Criminal Justice(20 hrs) Leonard B. Mitchell Technical Education: Lively Law Enforcement Academy-Juvenile Prosecution - 30 hrs UP Law School- Pub Admin. - 24 hrs. Ofc. Of Atty General - Police Supervision- 40 hrs.(Managing Crisis Situations, ICAP Policing in a Cultural Diverse Environment, Noble Training Conference) Palm Beach County Sheriff's Ofc- Verbal Judo - 40 hrs. Southern Police Institute Graduate - CODC- 35 Leadership Palm Beach County, 2000 Community Sen,ice: 2002- Present City Education Board- City of Delray Beach 1996 - 1997 Chairman, West Atlantic Redevelopment Coalition (volunteer position) 1989 - 1997 Vice Chair, Delray Beach Community Re- development Agency (CRA) (volunteer position) 1986 ~ 1989 Member, Delray Beach Human Relations Board (volunteer position) References: 1). Chief James P. Kelly PB County School District Police Dept. 3300 Forest Hill Blvd. West Palm Beach, FL 33406 (561) 434-8435 2). Dr. Kathy Wiegel, Principal Atlantic Community High School 2501 Seacrest Blvd. Delray Beach, FL 33444 3). Mr. Gerald A. Williams, Esq. Chief Officer of Admin. 3340 Forest Hill Blvd. West Palm Beach, FL 33406 U~/-l~I'~UU~ 14:~~. _.2L~~G~JU4~~. -I. . T~.' ~~'40:Ua *LV It.J. tAA 3~1 .4, d ~ OltAAy 8~tC ~ ;fii~ NUl.: I 'l-"-JI 'Lb~ I Y '-K.'-' I C ITr CLERK '"A(_iL UL j//lfijjj~ i~O'/ r-, EC r:::: l\'t"'-- n C'i . '.-' I.~_. ~ of ,_ 1.._.1 CITY OF DELRA Y B'EACH BOARD MEMBER APPLICATION MAY i () 2005 ~~~K ~~~~~ I $_:: I Zip ~~~_ fsrn.(c ~... C(,dc I J: 1'4' I I t1- !~3L\-8~ i -.J_._-'---1 1':.I..."\:: . I l-~-~j -i --.--t17A---.-----~--- ~1 ',\Ed.~=i0"'- "\ /~ ' - ~ U -~ '~~PI_'~'~~,"~~ ~< cr_-=--=jl to. wt my ccb.~d ?Wfc-ssional cctti.fiClrions Uld li.censes wl:Jc:h ruu hold -fl-- Re._~~0l() l.\.~~. ~~. ~ ~~~~\~tL '_ --j 1 L Give YOU!: p,Tct)(lnc, or llDst ttCOlt e.aiploy<:.l;. liJld p~lioO; ~-E:~~_ \'-^~~~.l~:.k~__ _l~}.\n~ Q,'N~.&ZO~ . . Cl . r~ts~ ~~'-\a?L_____'_j ~~ <<p<ri~-; 0' "'o~ Wbid. qu>l!fy fOU ., , e 00 .w. bo~,~"'-ch 2 brief =om'; -- ._~ \L ~~~ ~ Q ~~ \~ ~.L '___. ;;f~~ ~~ ~ k~~\ ~r: J.:.=<l'_S ~O~ ~ i ~ \o~ \\..,St.....~.ll -j-':'~.-, ..~1~j~_~ ~V.\lD<J.x1 t\a ~ ~UlA~Y.' O(,'.ll. 1V ,...... .I l....rd;.:; cc.rtiiy \h.ac :ill the ~bovc n"1.L.::tnQllCS 1d.t:c tnlc, aud 1 .gr:cc /lad Utldent:.l.ad due lUJ.y misSO.<<!LnetH () f m~~ ftl~ co::.ui..1e.d io. lhis ;(pplic.alioll'may C11J.3C farfeitu{c upea. my J.'a<<: <tf ~ "Ppoit.tnlent f may Le.::;a1'"~ ~..-<~-~ , . ~-"\ 'co", ~~__ , ~'AI'JK" Df.IE J N~k: ~;:ppl!q,.ti~ rcn~ 00. 6.1.: io ~ City Cle~'s Office {or ~ ptti(),l of 2 rem; fro~ the d3.t~ j[ ;;~ :'lil.Jbrnittcd.. It will be the a.pplican'~s l:l:Spoostl1iUtj'" to eo.su.I<: l:h1t... 0.1.cr~nl: "f'pli.c:l.ti?D.:W Dct fJ.c. "'-UTl.1Jl1tI:.&O""........r~~...' 1~3 2.001 .!'!os,e type: or po..rt th~ t(.)llO\l1iug .inf(a~_~~~ 1. LUlNa~.~~ ~'z~lX~~~____ 3. ~ ResidC'.ncC'c ~tI'\L.. ~_~ 4. Prin.cipal~& ddress: )..tA. ~ . ( 4 r-- \~-I~.~ . . 5. HQme Phone; BllSlQC3S 6L.l~1..~:~~.. \--z _~ .Axe YOIl a r.-egistccoo. vo~? '{..e{ 7 .{Vh-~~r,ir<\ -:lr..- -v....." ;....,._.._~_._.-:1;...... .'-~:_--L~ -"!"--. C ~fl._____~_. "is:--tLt. ~ City D;'lIC&-~' which y.::)u ue <:ucrrody 8~Og or b(\vc prC'i':)ll!ly :Jc:rv~d: (Pl~~ ;dude dalCS) 111. If s~ec~t-~c~aA... '-L:Io(.~ l"~_~~._ li.:. ~ --.-,:t..JGC IV ~ I?~(c..c~a.c:f':'- - - ~... -~-- MOR Property Management, Inc. ..................QR/. .................... rM". .. .... . . .. " . , ' - . . I,..to~fty MlIIrnlQlllment 100; r Page lof3 Management Bio's James M. O'Brien President Professional Experience: . Over thirty years of hands-on experience in Property Management. Leasing. Marketing, Tenant Improvement and Construction Coordination in the Northeast and Florida markets. . Primary focus on Office, Industrial, Retail and Mixed-Use properties. . The management of asset portfolios with a diversified product type and quality. . The management and supervision of fee managers and leasing personnel as well as directly employed managers and leasing agents. . The development and implementation of asset redevelopment and enhancement programs. . The development and implementation of investment plans and the on-going management of investment and operating budgets. 1999-Present M.O.R. Property Management, Inc. Delray Beach, Florjda 33483 President BeachPlace Fort Lauderdale, Florida General Manager Responsibilities included the overall day-to-day management of a 100,000 square foot Entertainment Center with an attached 800 car Parking Facility and a 400 room Marriott Vacation Club International. Primary functions included the fostering of strong Tenant relations as well as the retention of desirable Tenants cornpatibleWith the Entertainment Center concept. Additional responsibilities extended to the production of maximum net revenues. cost control and analysis of the operating statements to enhance ways to improve on revenues and control of costs. Oversee the internal accounting. marketing, security, janitorial and general maintenance of the Center. Codina Real Estate Management, Inc. http://monnanagement.comlbio_obrien.htm 3/24/2003 MOR Property Management, Inc. Page2of3 Coral Gables, FlOrida Vice-President ResponsibUities included the management -ofan existing portfolio of Commercial Real Estate properties. Investment Sales; Syndication of New Partnerships and coordinating the formation of new Joint Venture projects for the Godina Group and its affiliates. 1988-1996 PFK Realty Services, .inc. Fort Lauderdale, F~orida Partner Director of Management, leasing and MarketinQ-1or PFK Reatty Se.rvices, Jnc. (PJeasesee attached Curriculum Vftae). Additional responsibilities also extended to Management of Tenant Improvement 'Construction for the, Company. American Tectonics Southeast Boca Raton, Florida Vice-President 'Director of Management, Leasing and 'Marketing services. Responsibilities included the management,'leasing and marketing activities for a regional Commercial 'Real Estate developer in South Florida with over 1,000,000 square feet of Commercial space either existing or under construction. Additional responsibilities included the long-range planning for the management, leasing and marketing of future Commercial. Industrial & Retail Developments, as we" as the oversight of all Tenant Improvement Construction projects. Johnstown American,Companies Consolidated Capital, Inc. Atlanta, Georgia Vice-President Director of Management, Leasing and Marketing and Tenant Improvement Construction, Boston, Massachusetts's regional office. Responsibilities jncluded over 1,000,000 square feet of Office I Retail space located in Massachusetts, Tennessee, Connecticut, Michigan and Georgia. Personal: ,Reaf 'E$tate "Broker.. Massachusetts Real Estate Salesperson, Florida B.O.M.A. Past President, South Florida Chapter Education: /' Milton Academy. Milton, Massachusetts Trinity College , Hartfoo:l ,Connecticut , SA History http://monnanagement.comIbio_obrien.htm 3124/2003 ~5/18/06 TUlI 09:12 FAX 561 2i9 OJ69 lISTRAVEL ........... .f'Ol .q /'J/p.R , .' cC~S\''7tJ, ,., f\v,' ,'." 1\\\\~ .. :~~1\-~~*: pljUlAY B~CH' ....' 1(e '1993 , ,:z001 , ' . .' . , ' ." . ,_..".. ." . ,. .. . - .. . . . . . . . . ... '..," . .' ," ". CIYYOFDEtRAYBEACH" , ' ' .' .' - BOARD MEMBER APPLI'CATION' Pleas~: we 'or print me foUowin~{ttu<irrrianon: .~ _ I...as~ N1:I1UC: Peltz:ie Name Kenneth "~J.r. ....... . 3..LcgaI.Residencc: , Sa"rn.." 4. Principallhuin';,3(\ AddIc,,:!; City St-.<.te Zip~o&: ' 33445 -Zip Code" :2. Horne Address: '2260 RabbitHoIlowe Circle , City Deimy Beach SUitL' Gcy State, Zip 'Code: . ,-'." ~ ~*. -:~: '.- '.~-- ..'~ " ~}:?l.~:~~~i:';?:~:~T.i:;:~:?;";~r.,'~J;~3 .' " .~C:,:noxnG I'hOfiC: B~inG:;s Phone: . "'",: ~.c'c:.".;~; ....-.....:.:-:. " " 561-498-4764 ":,'_'c..:", ,"...." 6. ALe you'~.rclri~~~d vQteJ:?, . " , YeS' oelray,Beadl, Flonda, wha.t "B<>>rd( s) dic you mrc.ce$tcd in se&ing? PIClSC list in ot:dcc.of preference: E_~il Addxes\<: . .. c:.c:l!.1?;~nlf'iy[ _tgl Fix:_ ,kpeltzie@yahoo.com l Jb~~SM"3e11 ' -,.. '~,::::7;{ . , ..:, If so, where llIeyou regls(e,[ed:> ,7; Downtown Development Authority I P' 0 ~..... ~..... ,.. a... -01' 20 -. ~'., B ci.o:,. ,) . C~A: 8: List'iU City Bom:ds on WlUch-yo\l.arc cum:ntly ser:ving or'have prcvious1ysaved:,(Plel!sc.indud~ dates) , ' ' J' ,Planning and Zoning Board 8/15/00.to current Masters. in'Public Hea'lthlAdministrativeMedicine ":.! 9. Educatioo<1-1 qualifiCatiO;lS~ ", -10. Lil>( anyrelil(ed professiou31c(':rti:ficanons and lice.tiscs which you.hold: .-:! 1 i: Give yoUr pr6cn.i; or'IU03C recc.ai: cmiiloyer. .ond POMOn: . .. ,..-".. ..'," ," ,..:~ 12 Describe c~'{peci=ces.,skills ot: knowledge "\1,hich 'qu.a1ify you "to se[V~ on this booro: (pleasc:~tl:1ch ;t brief resume::) .' Vice PreSident, Whitsyms Nursing'ltd " 0."1 'FortY Year exoerience in Health ,Care.Adm' 'un.and CommlJnityPI:'lnn~ ". -I . , " .."i Served as an officer and Board'-Member of ;}'humher of"r.nmmllnitY,~ra.gnizations',:." ..., r ho:.:cLy a:;rwy Ual;..11 u...c ...1><..,,<:: statement'! ,uG true, and 1 agree and \.mden:t:Ul.d thar =y rn.to..not:c.m-.onr of rrut.eri.-u &r.r~ con~l.ed in this ~caU/:JY o.us~ forfeimr:c upon my p,u.-t of.1I11Y <tppom1IJldlt I may rlece~c-- .-". ..__ , . l/~~.A__<'CA_)-€.R..~_-~ :A\cHl' {~[~,d>~7(' .. SlG~URE 'DATE '" c ' " , '! ': .' ,'" ~ I ,. .. " ','j Note: This'llpplicariOIl willrcInain ou:fi1ein the ,City Gerlt's OffieeJoJ:lI:petiod of 2 yell:d:,from".the dare.it....ras" submitted. Ie will be dIe applic.an t" s .responsibility r.o ,eusutt that a. CWIem appliQ.oon is on, fik. , " ',. . , S\CIT\'CiElUGBO"...ow,PUCA,T1<n<, : ". : Sunday. May 16, 2004.max KENNETH GERALD PEL TZIE 2260 RABBIT HOLLOWE CmCLE DELRA Y BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL ExPeRIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Consulting Finn) Federal Government Health Care Program Analyst SPECIFIC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1'999 to Present Independent Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida ,1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-1986 President, Affiliated Hospitals of Indiana (a network of 18 hospitals in central Indiana) Executive Vice President, Community Hospital of Indianapolis 1980-1982 Senior Vice President, Robert Douglass Associates (a national health care consulting finn). Vice President, Chi Systems, Inc (a national health care consulting finn) 1972-1980 1966-1972 Associate Administrator, Assistant Administrator, Sinai Hospital of Detroit (a 620 bed university affiliated teaching hospital) Budget Examiner, Burea~ of the Budget (nowt.he Office of ~anagement and Budget) Executive Office ofthe PresIdent, Washington, D.C. _ Administrative Officer,United States Air Force Hospital, Dyess Air Force Base, Abilene, Texas. 1961-1966 , 1958-1961 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC ExPERIENCE 1957-1958 B.A. College of Liberal Arts (Biology and Psychology), Washington University, St. louis, Missouri, 1955 Graduate Studies (Industrial Psychology), Psychology, Graduate School of Arts and Sciences, Washington University, 1956 M.S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PROFESSIONAL MEMBERSHIPS American Hospital Association - Personal Member American College of Healthcare Executives - Fellow International Hospital Federation - PerSonal Member Community Activities Palm Beach County Health Care District, Finance Committee Crossroads, (Substance abuse support Center) Past Board Palm Beach County Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board, Member and Vice Chairman HOPE Project (A not for profit organization providing free mammograms), Board member and Treasurer. Deaf Service Center (A not for profit hearing loss support organization), Member of the Board United Way of Palm Beach County, Member of the Finance Committee. Leadership Palm Beach Rotary Club of Delray Beach, Member and Past Treasurer 11/16/~0e4 11:~~ 9547864677 !!/!~/U4 MON 11:26 FAX 561 l~J 377~ BUILDIH3 CITY CLERK PAGE 02 ~002 DElRAY BEACH -- roir 1993 200" CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Itj lie/or . infol.'IIUtton: 2. S44z.CWG ~\~~ Pr. N~e M.l 3. City t:> .s= L--""JIl City S tll.tc:: Iii~ ~ State Zip Code "J- 8.3 Zip Code 4. Principal Business Address: too ....v AT~4.lr/c.. Bt.J~, City Pl;Jo/~ ~ State ~. Zip Code 3)'o6t 5. Home Phone: BusinCl:ss Phone: E-M.1.il Add.ress: Cd! Phone:' Fax: 5l1-z..1(7-~Z.5'9 ,7"r;,... 7#p- "'#76 .$~z.&>;vG .Jal1~ 'F~l-S- .73-/7/7 9ry"'71~"'~7t? 6. Are you a registered vore.r:? Y G- :;- If so, whe.I:e are you regIstered? i/ii?z-,,III- -QE~ 7. \'lIhat Bottd(s) ue you int~es1:ed in serving? PI~e list in ardtt of prefe:t'etlce: S Zo~Nj. G ' ,I List all City Boards on which you are currencly servWg or h?-y~_pIcviOV~ly, 5~~. (Pl~,s.e, .includc,!iat~s 1. . -~ '1; -, 4:),r=/ u' '-. . -. ' - - -- , , . .c- 9. <:-r 1 L Give your present, or mOSt rcc:ent employer. and position: /:...lliJr .ph- ~~ ~. 12 Deso:ibe experienc.c:&, skills or knowledge which qualify}"Qu to seNe on this board: (please aCl:llch a. brie.f resume:) C P~"q Lr<t./.,{~ ;> G c. . ~/; Ltfl ~-~y ~ :..e.....R no;', Q " ~o'~/ ~ [)e~ qF~I-/.r /S 1 C/k-G- I hereby ce:r:tify tbat all the above statements al.'"t ttue" and ~ ee lUld uadcrgtand that any m1s1llt:atcment of material factS con' ;n this applicatl 1Y cause forfeicure upon my p2tt of any appointment I may rca::ive. --Bft~f DAlE ~ECEfVED NaV 1 6 2004 ote: This u~plicacion will remain on Ele in dJ.e City Clerk's Office for a period of 2 years frorrQlf~tQ"l"'ER K submitted. It will be me applicant's l.-espon$ibilitV to ensure tha.t a cut:IeD.[ aDoli~tion iI-l on fill'.. ' 11/16/~004 11:2~ '3547864677 BUILDmf3 PAGE 03 JEROME SANZONE 200 MACFARLANE DR DELRA Y BEACH, FL 33483 (561) 243-3299 OUTLINE REIJJ'v1E March, 2002 Present City of Pompano Beach 100 E Atlantic Blvd Pompano Beach, F1.33061 BUllding Official March, ] 989- City ofDelray Beach B~ilding Official Mareh,1002 100 NW IJI Ave Delray Beach, FI. 33444 June, 1.986- City of Oakland Park Building Officia.l March, 1989 3650NE 12'" Ave Oakland Park, FI. 33334 June, 1984- City of Pompano Beach Assistant Building June, 1986 ]41 SW 1~ Ave Official Pompano Beach, FI. 33060 June, 1980- Self-Employed C onstr'Uetion Consultant & June, 1984 RR 2, Box 816 General Contractor Pompano Beach, Fl. 33067 April,1978- General DevelopmenI Corp. Director of Primary August, 1980 ] III South Bayshore Dr Housing Miami, Fl. 3313 I October, 1986- American Plywood Assoc. Sf. InteJJ)ational April,I979 PO Box 11700 Field Scrvice$ Tacoma, WA. 98411 Representative AugUSt, 1965. Rinker Materials Eng. Coordinator October, 1966 805 N. Railroad Ave. Field & Fabrication Weat Palm Beach, Fl. ofl7oject3 February, 1963- Lindsley Lumber Co. Estimation, August, 1965 Steel Division Detailing, Fidd Dania, FL SupmisiQn, Customer Relations April, 1960- Security Planning, Inc. Sales Representative December, 1962 First National Bank: Bldg. Miami, Fl February, 1960- Dade County Highway Estimator & February, 1963 Design Section Designer 11/16/~004 11:~~ June, 1959- September, ] 959 Sept; 1958- Jan., 1960 Sept., 1955-". Sept.. 1958 June, 1954- Sept, 1955 ') '3547B64677 BUILDHIG C & C Construction 6.l3 Tabor Place Estimator & Designer InvestOT Planning Corp. 60 E 4211<1 Street New York, NY Sales Representative JEROME SANZONE 200 MACFARLANE DR. DELRAY BEACH, FL. 33483 (561) 243-3299 OUTLINE RESUME (CONT'D) New Yark City Community College 300 Pearl St. Brooklyn, NY Construction Tech., ABS Degree United States Army Corp of Engineers Levy & O'Keef 171 Madison Ave New York, NY Mechanical Design PAGE 04 11/16/~G04 11:~~ Date of Birth: Marital Status: GCDeral Health: Military Sendce: Certification: ) School: Organizations: '3547864677 BUILDIHG PROFILE August 27, 1936 Mamed E:xcellem US Army Corps ofEng. - Honorable Discharge, 1955-1958 Florida State General Contractors License #CGC-007690 Ccnified by the Department of Professional Regulations in the Following areas: Building Code Administrator; Structural Plans Examiner and Inspector; Electrical PlaDs Inspector; Mechanical Plans Inspector Plumbing Plans Jnsp<x:ror C.A.B.O. Certified Building Official #923 Florida Board of Building Code and Standards Certificate # 111 Building Officials Association Building Code pirector Certificate #147 South Florida. Building Code Building Official, ChiefStmcnual Inspector and Plans Examiner NYCCC A.B.S. Degree in Construction Tedmology Florida Atlantic Builder.s AS3ociation Chairman of Affordable House Corrunittee Governmental Affairs CommitteE: Builders Association of South Florida Co-Olair.man ofTeclmical & Consttuction Committee Construction Specifications Institute Building Officials Association of PAGE 05 11/16/~004 ll:~~ Boards: Languages; 9547864677 BUILDIHG PAGE 06 Florida JEROME SANZONE 200 MACFARlANE DR DELRA Y BEACH, FL. PROFILE (CONT'D) Broward County ConstrUction Industry Licensing Board Palm Beach County Building Code Advisory Board Palm Beach County Fire Code Advisory Board Fire Code Board of AdjusTments and Appeals SBea By-Laws Comminec SBCCI Code Interpretation Committee SBCCI Exigting Building Code Committee SBca General Design Committee BOAF Resolution Committee Palm Beach Counly Hurricane Retrofit Committee Palm Beach COllUt}' plumbing, Electrical and Mechanical Revic;w Committee ICC International Building Code Structural Committee Italian, Spanish, Japanese and Latiu 11/16/~004 ll:~~ 9547864677 CLIENT US Dept of Agriculture National Homes, Inc. Ryan Homes G.D;C. Heller. Weaver & Assoc. Gcnstar m G.P. Northwood Indusn:i,es MarChem Everglades Cbemical MCI-Carter Coating C.A. Marando Florida Division of LllW Enforcement BU ILDIt I,,; JEROME SANZONE 200 MACFARLANE DR DELRA Y BEACH, FL. 33483 CONSULTING ACTIVITY Set up construction companies to build mass housing and train Personnel in Venezuela, S.A., 3 projectsstaned, Acq\\irt product approvals for their system under the SBCCI and SFBC. Anal)'7..e and solve construction problems. Analyze .and solve construction. problems. Evaluate buildings for condo con"'etsions. Developed site plan for planned community in S. Dade Evaluated struCnlres at Palm Coast in Bunnell. Fl. Approved as cxpen witness in American Arbitration and Federal Court, Analyze and solve problems of construction applications. Advised on marketing of construction products and gained c.ode appro....als. Advised on marketing of construction products and gained Code approvals. Advised on marketing of construction products and gained Code approvals. Advised on marketing of construction products and gained Code approvals. Advjsed on mar.keting of construction products and gained Code approvals. Analyze, investigate and evaluate projects as well as testify as An experT witness for [he Construction Fraud Case PAGE 137 11/16/~004 ll:~~ 9547864677 BUILDII'-IG PAGE 08 ~", JEROME SANZONE 100 MACFARLANE DR DELRAYBEACH. FL 33483 PROFESSIONAL A$SOCIA nONS American Concrete Instirotc (ACI) American Institute of Timber Construction (AITC) Building Officials Association of Florida (BOAF) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Administrators (BOCA) Conshuction Specification Instjtute (CSI) Council of American Building Officials (CABO) International Conference of Building Officials (ICBO) SOllthern Building Code Congress InteOlational(SBCO) PROfESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals: Building OfficialJ Plans Examiner Building Officials Association of Florida: Building Official! Department Director Council of American Building Officials: Building Official Florida Association ofPlumbing-Oas-Mecbanical InspectoJ:S, Inc. State of Florida. Department of Business & Professional Rcgulation: Building Official! Code Administrator, Pla.ns Examiner, Inspector State of Florida, Department ofBusinc:ss & Professional Regulation: General Contractor State of Florida, Florida Board of Building Codes & Standards~ Building Official RELATED INDUSTRY ACTIVITIES Building Association of South Florida: Co-Chainnan. ConsTl'\lctioJ) & Codes Commin~ 1980-81 Chairman, Palm Beach County Fire Code Ad-..isory Board 1990-94 Chainnan, Palm Beach County Fire Code: of Appeals & Adjustments 1990-94 College of architectS, Engineers & SltrVeyors Seismic Comminee 1968-73 Low Cost Housing Comminee- PUerto Rico 1963-68 11/16/~OG4 11:~~ 9547864677 BUILDmG President, Building Officials AssociaTion ofBrov,.ard County 1987-88 President, Building Officials Association of Palm Beach County 1994-95 Sotl(hcm Building ('.odc Congress Intl':rnational By-Laws Committee 1992-93 Southern Building Code Congress International Code Intt:rprera{ion Committee 1994-95 SouThern Building Code Conference InternaTional Existing Building Code Committee: 1995-97 Southern Building Code Conference International General Design Committee 1997-1999 International Code COllncil ICe INTERNATIONAL BUILDING CODEcSuuctllral Comminee 1999- Pre..~ent PAGE 0'3 ***** Please .tint the followin L LastName: 5c. he. 2. ,HomeAddress: 'boo- St: 3. Legal Residence: ~OO Sf: - . c:r'~ r-- \ ~"...1 k-~" CITY OF DELRAY BEACH~E.Gt:.t';j \\~ BOARD MEMBER APPLICATI(JN 3~ 1\\0\1 , , t:P l' C\l~/~IJ/d M.I'L Zip Code Name 1iir 1993 2001 4. Principal-Business Address: ~. c). B <9 )4 6<6 City ~\r" <.h~ FL Zip Code 33 ~3 ZiJ? Code 53 ~ ~S City City B~ "tT<>^ Be~~~ State FL 5. Home Phone: 'Business Phone: E-Mail Address: Cell Phone: Fax: S,\.~ .3 f)~ ~b\. d~\.18~~~"e'c.s() ~~. -: 6. Are you a registered voter? Ve.. S If so, where aJ:e you registered? , , 7. What Boacd(s) aJ:e you interested in serving? Please list in order o~ preference: <.0 v,,: ~~~ Q\C1 ~ - c:.., f\"'''~:l'.j ~,,4 z..OI'\\~ 6o~1 8. List all City BOaJ:ds on which you are currently serving or have previously served: (please include dates) r... ~ """ hv..j 6t~ S' ~ ~f 11. Give roW; present, or most recent eniployer, and positio~ 3v ~~~ ~r '~'\l ~ ..- ~(""\e..f r~ ~~ r ~~J. I liereby certify t all the above statements are tnu; and I agree and understand that any misstatemen of matecial facts co~ m!' 'P~\"'ti~rY ",use fodd_e upon my pm of any 'Ppomtm=ll =y receive. ~ __ ~ _ ,- 0\ IO\/Ob' SIGNAllJRE ' DAm - lote: This application will remain on file in the-City Clerk's Office for a period of2 year:s from the date it was , submitted It will-be the applicant's responsibility to efisuie-that acurrent application is on file. _ ,- S\CITY(1.I!lU::lBOARiMn'UCA.nON' DB.RAY BEACH ~ All JI&~k06Cily , , III! 1993 2001 RECEIVED CITY OF DELRAY BEACH APR 2 It 2006 BOARD MEMBER APPLICATION LERu CITY C t' ~/A> Please e or rint the foUowin infonnation: 1. Last Name: S-\-\ UTI Name T1-\u Y (-TWee) City 'J)e.LRA"'( ~ City State FL Sttlte ~f. 1...-: Zip Code 3~4-44- Zip Code 2. t~~e 1t~essl'2.-rl-\ 5m.eEr 3. Legal Residence: SNvte AS A&oVE. 4. Principal Business Address: Bl~e jo~ ~D I 5T'E. Zoo City BoYNtoN ~ State FL Zip Code e>~7 5. Home Phone: Business Phone: $(01) '2tP5-IDe<o S<Ol) 53"- '042- 6. ~-\re you a registered voter? Yes E-Mail Address: Cell Phone: Fa.....c -shotts4@ @<OI)(g"S-O'45 ~') 5.% -1(100 et.1rl-J,J,hk. YleT If so, where are you registered?PALH eE;!o.a-I ClX.ltJ 7. ~'hat Board(s) are you interested in serving? Please list in order of preference: C~A) 'OVA} pz.) I).6. HOUSI~ A~/'(J "BoAe.t::>or c.o~~1)Z.UCf10~OF=~ 8. List all City Boards on which you are currently serving o( have previously served: (please include dates) .s'P~ - (q/q~ - q 00 "PZ - C~ J 0 I - 1/02.. R..eS le~ 9. Educational qualifications: ,..~ PC)$l-ncn-1 Wlffl 'D.S. c...RA -e.A~I-re~ (5-YIZ.. P1Z-C~S.'5l~L) 10. List any related professional certifications and licenses which you hold: l=~~L?A A'f2...C.W~crveAL c.e-NSE: 61oo.o~.Dl - ~ 1F. NAT1~ A.~l~\.. ~E~l-;'"fk.A-TloN ~A-f2-C> 6\000 ~~ ).- 3z.G:, 11. Give your present, re lt employer, and position: e.s ') ~u L.:01"UC:>A S€N\DrZ- \...NJo l6+JT\T'1...eH~, t>~ ecr ~AereR- 12. Describe experiences, skills or knowledge which qualify you to serve on tllls board: (Please attAch a brief resume) ~~J.tt SIGNAWRE . ' ~D(o DATE Note: This application will remain on fde in the City Clerk's Office for a period of 2 years from the date it \vas submitted. It will be the applicant's responsibility to ensure that a current application is on ftIe. S'CITYCLERK'BOARDIAPPLICATION TBUY T. SHUTT 102 NE 12th Street :lli Delray Beach li! Florida, Fl 33444 ~Jj- 561-265-1086/shutts4Cli>.earthlink.net education VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, Blacksburg, VA College of Architecture and Urban Studies Bachelor of Architecture (5-yr Professional Degree) College of Engineering (Mechanical) 5/91 9/85 - 5/87 credentials Florida Board of Architecture and Interior Design - License #AR0015422 National Council of Architectural Registration Board (NCARB) Certificate - #48326 American Institute of Architects (AlA) - #30196553 civic City of Delray Beach Planning and Zoning Board (PZ) City of Delray Beach Site Plan Review and Appearance Board (SPRAB) City of Delray Beach Large Home Task Team 9/01 - 1/02 9/96 - 9/00 experlise LAND DEVELOPMENTIBUILDING DESIGN AND CONSTRUCTION Extensive (15+ years) supervisory and project management experience in land entitlement/development, community redevelopment and revitalization, consensus building, public relations, and organizational improvement in both private and public sectors; thorough knowledge of local and state land development codes (including code research, development, amendment, and implementation), principles and practices associated with urban and site design, and building design and construction; and, familiarity with real estate leveraging and financing, Florida Building Code, Statutes (Chapter 163) and FAC, and government procurement procedures. professional CENTEX HOMES, Boynton Beach, Fl 10/05 - Present Senior Land Entitlement Project Manager - Project management of traditional and mid-rise residential, commercial, and mixed-use projects; due diligence and feasibility support for land acquisition and developmen~ construction, marketing/sales, and product development; proforma preparation; project manager for land entitlement projects located in Indian River, Port St.Lucie, Palm Beach, and Broward Counties; developed scope of services and reviewed development proposals for consultant services; budget preparation for entitlement and associated surety for projects; and monitor emerging trends, legal issues, and government policies affecting projects. DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, Delray Beach, FL 1/02 -10/05 Urban Designer/Project Manager - Project management (planning thru construction) of redevelopment projects, developed RFPIRFQ procedures for procurement of consultant services including CCNA requirements, selection committee policies and procedures, and reference verification procedures; developed project management guidelines and structure for CRAlCIP projects with City; developed consultant contracts; contract negotiation and project management of consultants' continuing contracts; oversaw and co-authored the downtown design guidelines ordinance; manage and develop scope of services for affordable housing and mixed-use development projects; review development proposals within the downtown area; developed organizational structure and management of 31-member Downtown Delray Master Plan Implementation Committee consisting of key stakeholders (elected and appointed OffICials, business community leaders, and citizens), department heads, and nonprofit resources indMduals responsible for implementing adopted plans; consensus buildinglinclusive partnerships with community stakeholders; assisted with redevelopment and acquisition plans including all maps and Census and statistical data; drafting and graphic design/marketing; development and implementation of paperless system for development projects; and, familiarity with FOOT, Fl Historic Resources, PBC, alld redevelopment grants (development and management). PALM BEACH COUNTY PLANNING & ZONING, West Palm Beach, FL 2/94 -1/02 Principal Site Planner - Code Revision/Architectural ReviewlBuilding PermiVPublic Information Sections, e><perience also in each of following sections: Zoning Commission/Board of County Commisioners (Sr. Site Planner/Interim Principal Planner), Development Review Committee, Board of Adjustment. Responsibilities Supervised 13 professional (job creationlhiringlfiring/performance review) and t~chnicaUclerical staff responsible for interpretation of land development regulations (preparation of staff reports, board packets, legal ads, development review committee, and presentation of recommendations at televised ZC/BCC hearings); developedlimplemented Architectural Guidelines Ordinance; supel\lised Managed Growth Tier System (MGTS) Page 10f2 THUY T. SHUTT 102 NE 12'h Street @; Delray Beach ~~ Florida, FL 33444 l!! 561-265-1086/shutts4@earthlink.net Implementation (Unified Land Development Code re-write); procurement and/or administration of consultant contracts (landscape architects, land planners, and RF engineers); supervised and managed building pennit, code revision, and Zoning Division file room functions; assisted in development of Zoning Information Center (coordination of internetlintranetapplications, digital zoning map, and ePZB project); inter-divisional coordinator for Planning, Zoning, and Building DMsions on Comprehensive Plan Amendment, Code Enforcement, and Building permittinglinspections issues; developed training manuals (inter-dMsional); budget preparation for sections; space and facility planning for DMsion; and, expert witness for DMsion. CURRIE SCHNEIDER & ASSOCIATES AlA. PA (nka Currie Sowards Aguila & Assoc.), Delray Beach, FL Project Manager (Intern 8/89 - 5/90) 8191-2S4 Responsibilities included code research, site planning, construction documents, contracts, specifICations, graphics, interior design, marketing, and presentation to clients and government officials and boards. Types of projects included historic preservation and adaptive re-use, fire stations, municipal parks, US 8nbassy - Madrid, Spain, automotive dealerships, educational and cultural arts facilities, civic center, commercial, single and multi-family residential, mixed-use, office, and tenant improvements. List of projects are available upon request additional skiJJs Autocad (R14 - 2006), Expedition, MS Office Suite (Word, Excel, Access, PowerPoint, MS Project, Outlook), Adobe Creative Suite (PhotoshOp, Acrobat, Illustrator, Publisher, InDesign), QuarkXpress, WordPerfect drafting and graphic design; fluent in English and Vietnamese, French; violinist. references Professional Affiliation AlA Palm Beach Chapter (former President) Secretary Thaddeus Cohen Florida Department of Community Affairs (850) 488-8466 Verdenia Baker Deputy County Administrator Palm Beach County (561) 355-2030 Barbara Altennan, Esq. Executive Director Palm Beach County Planning, Zoning & Building (561) 233-5200 ) Page 2 of 2 05/16/2005 10:40 FAX 15617311853 u~~~~/v~ r~L ~~~.u r4A ~o~ .~~ ~/l~ FIRST ElJlIIH lULl:. \., 1. L'li: \.,U::K1l I&J II.,;,: ~005 "*"*7*+ o/l/~a~YS.h CITY OF DELRAY BEACH 5jltb/f77 BOARD MEMBER APPLICATIONf-1ECE"VED MAY 1 6' 2005 OB..RA Y BeACtt . .. 0 .. . . .. d-AmericaCily "III! 1993 2001 2.. Home Address: '~ 3. LcgalRe.sU:kn.ce.: y-Ct:: K'rh 1)(1 v'e.. C;'Y b;t\Q~ be l v.::{ j(Ji.vL, infOn:J12.nou: 1. Name City J 77/ N. Z1f Cod~ :JJ Y,?, City f]t.1 ;;10 h. g( d.c t E-1.\rf;;a;i1 Addrc:ss- Cd! Phone; (j.5fe;htvVOk~r/j-l:~'7 5'11 '11/- S-j''Y{/ If so, where ue you LegisttI:ed? Sca.Ce 4. Pz:incipa.l.BusinC33 ACld.cC33: s. S1 / - 10) 7 '-1)95- S- 5 I I . -7]/- Q;} J I 6. .ALe you a r.egisttroo voter? F:a.r )----r. 1- 73/ - 1i".J~ ;rc>c/'n.c f 11" Yo.7;:2 7. What Boud(s) -arc you i1\cuesc.e.d ill, s~ng? Please list in ot:dex: o~ prefa:ene<:: . c II C -( . "1,(.. 8, 9. EducatiowU qualilic:uions: II ~ 11. Give _yout p'r:es~t, or ~ost t:~t emp~Ocyer" and posicio~ yo/) . . __" t - C L.~ ,yet ev '12. Describe ~ped,ences> skills ot knowledge 'which qualify you co setVe. on this bo:w!: (please -atb.ch a brief resume) I, C-,- .', // I hereby ~ that :ill the -a~ovc SCil.~ClJ.tS1 ue uue, and I ~~ rw.d undetSt:a.c.d tb1t '2IJ.y IIDsSCL(e[D.ent of .ui1lteciil Caas conuin in. this :appliGl.tion may cause forfeiture upon my part of any 2flpoinbne:n1 I may Lo:::.eive.. , .5-//6 /0;- . DA'IB' / :~ This :il.pplicati00' -will.remain on file in. the' city Cles:k" s Office .6::>1:, a petiod of2 yGll:S from. the date it. 'W3S submi<<ea- It will,be 1he applicant's responsihilj.ty to eOsuie th:a.t. a. cm:rent app1i<::2.tioa. is on. file,. . S'ICtt~~~l'UCA.1:lON Q"t'10t'.C;OO" 1()" 1:1 r,,"..zr. 1"01T""110""" rIn~T D~UXT4 TITLe lCJQQ9 Dinah s. Stephenson, Esq. education December 1988 University of Miami . Received Juris Oodotate (J.D.) Miami, FL May 1981 Unive~ty of Alabama . Received Bachelor of Science (8,S.) Tuscaloosa, AL WOI'k expel ience 2002-present First Equity Title. LLC. President . Responsible for daily management and legal functions of the company. Overseeing all settlement transactions from initial searches through post closing & Issuance of title pollcies_ 2001 - 2003 Attorney at Law for Scholl, TlCktin & Associates 2001 - present Brok:er/Owner of Destinations GMAC Real Estate which is now Exit Realty The Destinations Group 01/1992 - 09/2001 D. Stephenson Construction, Inc. Vic:e P.~ Chief Adminb.taClltltte otIIcer · Responsible for daily management . scheduling, coordinating and general supervision of aQ administrative and legal functions of the company, including cootract administration. Also overseeing workers compensation and o111er personnel issues. 1993-2001 Stephenson Realty, Inc. Miami FL President, Chief Executive Officer. . Responsible for acquisitions, coordination of real estate management, comraa negouaoons, teaslDl11tV analysiS, ana aallY accounting and supervising of aU company owned commercial property. 1990 -1998 Stephenson Merchandising and Mart<.eting, Inc. VICe Ptesldent . Responsible fur supervising merd1andising of products and supervising dally functions at Amoco Gas Strtion, induding personnel issues. 1I5/1(5/:/:005 HI: 41 tAX 15(517;H11j5;j Organizations & Community acuvroes Volunteer ~ t'lKST EYUlTi: TITLE 141004 1988 - Present DDS Investments, Inc. Miami Fl Vice President · Responsible for acquisition of commercial properties, coordination of real estate management and contract negotiations. 1988 - 2001 Attorney At Law, Miami and Ft Lauderdale · Responsible for handling Real Estate acquisitions and feasibility analysis. Continuous involvement with Real Estate management an'; ~ministration, Prncl:ioo includes aU aspects of Real Estate law, Guardianship, Corporate Law, Construction law and General Practice. The Florida Bar - member National & FJnrida RMrrl nf RAAllnr.::. City of Defray Beach - Public Employees Relations Commission Boynton Beach Chamber of Commerce Boynton Beach Chamber delegate for Boynton Beach Sister Gities, Inc. Museum of LJfestyJe and Fashion History - Board of D!rectcn; 8. Secre1ary Friends of Northwood Professional Advisory Council Rotary Club of West Palm Beach ~usiness Development Board - Presidenfs Level Dwights computers for kids program United Cerebral Palsy FROf" HeG FH:": 110. 56127 -l612'3 l'la'ol. 30 :'::''1)01'=, 12: 3E:pr'l' F'2 '4MIt"':~.1\~'." 'fUr 1993 2001 REOEIVED 'i MAY ,3.0 2006 I' CITY OF DELRAY BEACH CITY CLERK BOARD MEMBER APPLICATION DElRAY BEACH . l 0 I: . II) ... ***** Please e or rint the followin i.1lfonrultion: 1. wt Name: 6/11% ~ ::\ t 0.. c..J--, Sk 2. Home Address: ad-..., .6. ..jUJ I r'\ -tv n Av t:. 3. Legal Residence: 6~ 4. Principal Business Address: State M. I. .J Zip Code ~ ~ \..( ....j Zip Code Cicy State Zip Code Board(s) are you mtc-.re6 A ~()f=\A Dt f I 6 t a <.J---.- Ii- -3 ::S'-I'-IY E-Mail Addre.ss~ Cell Phone: Fax: N Ci..nc..ydiJ a...L1 tYlv f. :.,~a.nVf.. _ 10 "3 - (];;! If so, where axe you registered? IV .sf:. 15... Avt dAd ~(J(L 5. Home Phone;' Business Phone: O\lq-(~HL> ~J dlLl-~"3 6, Are you a registered voter? 7. lease list in order of preference: u--~-\- i.. ~-::, A<'"::>"::>oc..- .;100 1- .;:lO()~ Jt.m\lUc:.....~ t QO\ nal ce.rtificanons and licenses which you hold: " C 'i::..(Z.\,\, ~ C. &~c... U\Q. <i:..c. -\or Co -01..0--' tf \) t \, 5 f o...c.k ~<::> Go -( 12 Describe experienccs) $kilLs or knowledge"W uch qualify you to serve on this board: (pleMe attach a brief resume) l-lVi\d.<t:, oC=- \-lOU( l ,-,()\\Jt,.Y'Y'-.i:,>("\.+ '<\ C<J~('l\.'-l ~EC,-.h." Q"" 0.0 t){lo..('~~ ((Jh"\ml-\-\<r~"":> f. -\-o..<:,L .f=U{,uD' bu~\n~s~ 0 0~..r ~Ii:...(\ut:.. t(~CJ...."nvi:. ~ ((j,__q~~C- \) 0 '" o...c.h.. u...,n...c. ~ s--- .:c...",,---\:--<i::\(\.~,,'i:.. c..<,)~ I hereby c<<ci.fy dlat aU dle a~ve st;6telbents ....\'C tL'UC, and I 'Ol-gccc -and understand that any nUsstatelueJ.'lt of luatenal facts . YJ"'nWn~~ m;, 'P~;~ci:e:. ro.y cau" fo,feintre upon my p"" of .uy ""1""0==' f ro.y ,ecci.~ < v ~~t:, ~ 5 'd I -ck:, Q{';j4. ',:t; ATURE DJ\ 1E I Nott.>; This applicanon urill ren"lain 00 file in the City Clerk's Office for a period of2 years from the <.bte itwas ", --------- - .------.-----".. .-- ---~~ Ulatac;;~:~::l:~s:n~~..- '-:~ . .On~. ~s DURAYe'EACH ~ fijfr 1993 2001 ~~/ I.,:~: .c/ :: 3 -/ "'j y/ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION A/j;1//orx'r Lx-' 1/-1-07 ._-/-f' 1/ - /) .1 i.....t..J. .L;__: Y/.--;}--.~_~__' '~.ftr-:-> Please i. Las infolDl2.tion: .u~ 2. Home Address: .A / /? ? / V (;:J ~...J 3. Legal Residence: ~ 4. Ptincip:al Business AddJ:ess: w ~r/ SJ!7 Sute l\-ll L Zip C~~ 63 <;/ r-.:J Zip Code Name /J L v-f) ~ c ?J c-/~ City City 5. Home Phone: Business Phone: E-Mail Address: ~ State ~ Zip Code 3:3Y~ /e:J g?/s-i-a~ CeU Fhone.: Fax: cl7a (55.5D .1.-7;7. .ttq/.:L- 6. Axc you a registered voter? ~~ If so, W'herc are you .registered? 7. Wlut Boud(s) are you Interested' 8. List ill City Boards on which you -are cur:rendy se ~~ . g or have previously served: (P ease include dates) 9, ~ 10. List an}' related _professional_ceJ:tifica.tions and liceases which you hold: /c ~ ,~<'l" E ~ / <7 LJ 1 L Give yow: presen~ or most .recent employer, and position: ~ '12. Describe experiences, skills or knov.1edge which qu.wfy you to serve on this boud; le:ase att2.ch a brief resume ',~ - '. 7'; ~~ ~ ~~ ,~ ~ /sL-~~~~~SE&.s4 uJ~ I~UJ.dn?,' _ ~ ~ ~~ .' I hereby certify that ;ill the above statements are trUe, and I agree and understand that any missu.terneot of materi:al facts contained in this app~on may cause forfeiture upon my part of any appointment I may receive. ~ ~rr-- ' -v'/shs SIGNATURE . DATE ' ~y; ~ kfli RECEIVED :t-. .z: This apptiOlcion willretruUn on file in the City Clerk's Office fOJ: 3. period of 2 years from the date it was subrnitted_ It will be the :lppIiClot's responsibility to eosme that -a current -applica,.tion is cARRe.O 'R 2005 S\Clr{a..ellK.\e!'AItD\..o.Pl'UC"- T10N 'r'''''~' ~ ~~f.<"' ", .. ~..... i [ l 0LERK I'd esu:m <:;0 /0 Jdu MEMORANDUM SUBJECT MAYOR AND CITY COMMISSIONERS CITY MANAGER aw\ AGENDA ITEM # q, ~ -REGULAR MEETING OF JUNE 20. 2006 APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY TO: FROM: DATE: JUNE 16, 2006 Mr. Perry DonFrancisco has submitted his resignation from the Downtown Development Authority effective May 8, 2006. This creates a vacancy for a regular member to serve a three year term ending July 1, 2009. In addition, the term for Ms. Janet Onnen will expire on July 1, 2006. Ms. Onnen will have served an unexpired term is eligible and would like to be considered for reappointment. The term will be for three (3) years ending July 1, 2009. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Louis Carbone, Mr. Herman Stevens, Mr. Richard Sheremeta and Mr. David Beale. 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 appointments will be made by Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2) for two (2) regular members to serve three (3) year terms ending July 1,2009. Recommend appointment of two (2) regular members to the Downtown Development Authority to serve three (3) year terms ending July 1,2009. Mark Denkler Gerald Franciosa Diane Franco Matthew Hartley Elena Hartmanis James Houck Kenneth Kaltman Francis Marincola Janet Onnen Kenneth Peltzie Nancy Schneider Thuy Shutt Thomas Stanley Nancy Stewart Harold Van Amem DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT" A" (currently serving on the Parking Management Advisory Board) (also applying for the Public Employees Relations Commission, Police and Fire Fighters Retirement System Board of Trustees, Community Redevelopment Agency, Civil Service Board, Police Advisory Board, and the Board of Adjustment) (currently serving on the Board of Construction Appeals) (currently serving on the Nuisance Abatement Board) Incumbent (also applying for the Community Redevelopment Agency) (currently serving on the Education Board) Ma~ 17 06 11' .30a D ELRAY BCH CHAMBER l'-'1 U0v) ~) '~oO fo ~~r\)z.vcJV?yY\&d: A\.,Gfj,o~~ U- ~ 0 ~ V..e.l--VC4-'-1 ~ 0h \)e: \A1M..;) ~ uh fLp v" I do--- 5612780555 p.2 ,--trDA ~ -to boc>Jr d Yl\Vrf\kv c'; I W ) ~ C-h 2 ~ y<e..U-l"--+ 5 oJ-€.. o~ /~toh' f T D---yt--, nSl ~h i hO -e.:We,cl~ -\-D~V) ~oyn --t-h.- ~Y'{cvh ~V'€.-/ofi'l"6.:J- ~;:,~, . <"'l-' ~ ~OS+ (JvovJ -b hc..\i~ ~V'yq"J 0'" -ff,'l (' I 'fl-V'-1, \ V'A po ~-h ~ l:,o psd. ,L VYI \;\5' ~ tel "'" \'Y'-Lh d ~ J)-fi:--l \ov ~ (J..;y-- J fY\~ Yl"!,vv- -.r ~ er.-fv"e, ----pp p, <=;~ W (5\.A~f~v+ -t<Li0Yh) if'nd ~ cA'1 i;j{ --oo/vo'4 ~ Q~ -\ov- ---t1,Cblv W~~JO\AI <2.ttOv- -+ c---'" J le 1\ c:. "--' -t~ V\ --+0 ~ clO-.-J r--t<:J'v4 VI <2.. (..0> J'!'CYfY\ \ <2.- --t'v-/.v-v~ -:Jf l).e. ~ ~ C- h ~O--v- ~ '---\Q\r +JV' r-JJ o'v-J\~ R ~ +tv- ()~I(Jv---t\Ah \~ of ~e2-1 VI ~ <A. "\ O----v i 0 P +~ l' Al usS', ~sre--d~vJQvL ~ ~ '7J----t~~ RECEIVED MAY 1 7 2006 CITY CLERK 1Ze- II" VV\ V?h~'P./Y'CA.s' L \) . ,,> DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 64 SE 5th Avenue Dekay Beach. FL 33483 04/06 Marjorie Ferrer Executive Director of DDA TERM REGULAR MEMBERS TELEPHONE EXPIRES 07/01/2008 David Beale *Tax qualification Home: 477-1931 Unexp Appt 03101105 355 NE 5th Avenue Unit #1 Work: 243-1477 Reappt 06121105 Dekay Beach. FL 33483 Cell: 213-2040 07/01/2008 Louis J. Carbone. Vice Chair *Tax qualification Home: 276-5105 unexpired term 3/6/01 1708 S Ocean Blvd. Work: 272-0282 Reappt 06/18/02 Dekay Beach. FL 33483 Fax: 272-6013 Reappt 06/21/05 07/01/2006 Unexp Appt Vacant 07/01/2008 Richard McGloin Home: 276-5468 unexpired term-7/10/01 2275 N Swinton Ave. Work: 274-6468 Reappt06/18/02 Dekay Beach, FL 33444 Reappt06/21/05 07/01/06 Janet Onnen Home: 272-4503 Unexp Appt 06121/05 946 SeasageDrive Work: 278-8362 Delray Beach. FL 33483 Cell: 441-1140 Fax: 278-6221 07/01/2008 Richard Sheremeta *Tax qualification Home: 265-1576 Appt 06/18/02 900 Gardenia Drive Work: 243-8700 Reappt 06/21/05 Delray Beach, FL 33483 07/01/2007 Herman Stevens *Tax qualification Home: 272-7477 Appt06/22/04 601 Southwest Seventh Avenue Work: 278-1988 Dekay Beach, FL 33444 Contact person: Selma Kleinman 279-1380 X-15 Fax 278-0555 Membership increased to 7 members on 07/01/99 S/City Qerk/Board 06/DDA Commission Liaison: Rita Ellis OB.RAY BEACH , 4. 0 . , .. A ***** /,;zj Ill? CITY OF DELRAY BEACH RECEIVE BOARD MEMBER APPLICATIONC 0 DE n 1 2005 CITY CLERK Alftn I loa" 'lilt 1993 2001 1. information: \) ~(l 2. Home Address:" .>2-0 3. Legal Residence: S4. ~ l!. 4. Principal Business Address: ~et ,oW 1x;. 51 Name MArK ~)~ &. !Jr-rI4.r-'bC-. Ave. City Vd t~ Cell Phone: M~ State Zit Code FL J ~Lf State Zip Code State Zip Code f=i- ))'N' Fax: 5. Home Phone: Business Phone: E-Mail Address: ~h~~Y7~~ ~7b-t~lo 6. Are you a registered voter? }i If so, where are you registered? Pi- 7. What Board(s) are you interested in serving? Please list in order of preference: eRA 8. List all City Pro-~." or have previous y served: (please include dates) 9. Educational qualifications: & '.f' ' to. List any related professional certifications and licenses which you hold: e~ 2GNATURE DATE Note: This application will remain on file in the City Cleek's Office for a period of 2 years fcom the date it was submitted. It will be the applicant's responsibility to ensure that a cucrent application is on file. ~~ ~I ~~~~ , ~/Y) 5f/~ MARK DENKLER 320 N.W. 9TH STREET DELRAYBEACH, FL 33444 EMPLOYMENT Canning Shoes, Inc. - President and owner of Vince Canning Shoes at 335 E~ Atlantic Ave. since 1994. Third generation operator of retail shoe store started by my grandfather in 1952. Fuji Bank, Houston Agency - Vice President and Assistant Manager of the Corporate Finance Department. Responsible for new loans totaling over $1 Billion as well as managing a total loan portfolio of over $2.1 Billion. Fuji Bank, Houston Agency - Assistant Manager of the Credit Control Division. Supervised Credit Analysts in their preparation of credit reviews of the corporate clients. FirsfCity Bank of Houston - Lending Officer in the Corporate Lending Department. Lending officer concentrating on loans and cash management services for national corporate clients of the largest bank in Houston. First City Bancorportation - Audit Supervisor in the Audit Department: Prepared audits of the operations of the bank as wen as loan documentation of the Lending Departments. ); COMMUNITY ACTIVITIES National Shoe Retailers Association - Director since 2003. Chairman of the Informational Resources Committee and member of the Finance Committee as well as advisor to the formation of the Independent Footwear Buyers Alliance. Rotary Club of Delray Beach - Board Director since 1996 and President 2003-2Q04 First Presbyterian Church of Boca Raton - Elder 2000-2003. Member of the Finance Committee since 1999 and Chairman 2001-2003. Delray Merchant's and Business Association - Board Director from 1995-2004. _ Chairman 2000-2002. Delray Beach Chamber of Commerce - Ambassador from 1994 to 1998. Finalist for Small Businessman of the Year in 2001 City of Delray Beach - Member of Visions 2005 Committee and Member of two Commissioner's Visionary workshops Leadership Delray Beach - Graduate of Class of 2000 \ EDUCATION University of Texas at Austin, BBA - Finance FPOI" : GER--=;HII \"'1 'll-i'-'J;) Ht'. 1.;: ;J;J t'Aj t>lll ~;j;nl'lll Hug. 04 200&*~!icY ;:OP c" -mpd:J'/e- <?/1t7J CITY OF DELRAY BEACH ECE,\\1E.D BOARD MEMBER APPLICATIOJl _ 4 'l.\l\lS ~\lG "'-, v C'\..€.~ crr, , FH:~: 110. : '5612660746 un: CLU{l\ OfUU.Y UfACH ~ ;qo! 1993 2001 Please type or print the foIlowinp; infoIDJ;a.tion: 1. Last Name: City ,J E1JE {'T 3. Lcg:al Rcsidt:.nce: S ~ 4. Pr.incipal,Busin~s Address: 2. City city Sta~ ~Co& I' .J- ~o1Ue Phone: . 6 bl ~(,t 0605"" 6_ A.r.e you lL ~t<:.ted VOI:etf' 7. 'Business l'>hone: E-Mm Ad~5: '" frY' Vlr7rn; cS 8. Ii" ~l Cl<y Il=d, 00 - you"", =<\y 'o<riog od",vc pmioU>ly,=..r (l'k.>. ioclwk du.,,) tvO k \ '~~~~ qu~I~ik.ti<"~8; 13 10. Ust:my .related p.rof~siol1lU ce.rtifiea.tioWl an<;lliccOJSclS which YOu hold: 1 ~-Gl.. rOue P""...... or moo. <<<en. employer. 20d ';"'00,., U~ 12. D~ aped,"""..kiIlo "' kuoa>le<lge - quoJ;Iy you to ....." "" dU. haoud (Pkue =<h . b<ief =,=e) . D.f_ Mof . application will reau.in onfrlc in the CiLy QtXJi:>s Office for a pel!f.od of 2 year.: from the cbtc it ~ :bmitt~. It'tI7iU be the app{iCUle:; J:e8ponsibility to <:Usuic'd)~ a. Cl.li:rent appUClI.tion Is on file. . ~~"""""l'PU'Co\:DOJ.I , I' ... r l14M~caCity , III I! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION /tl!d 1\fEO cC~~, " ,,-- R t:- 'k- ~PR , 4 1\\\\t)_ C rr'< C \... t:. t\" DELRAY BEACH It- . 0- . . . oil. .. .. * * * 2. information: L M.1. &/iCfI State -L State Zip Code j3 'IS Zip Code 3. City El-RAjBX/ieJl H Cell Phone: @ rs~I)d-JJ'r/il d '7;).01; Are you a registered voter? f rr If so, ere arsy:ou registered? C::-..:> Lf06C. P/?/:;-C /Nc7 -EHI1///II&.GL. ClrljbL1c 7. What Board(s) are you interested in serving? Please list in order of preference: 11 CIVIL... 'E. ICe" '. fV7bw/V 4. Principal Business Address: If/JoS tv. RTLfJrJ7iC fJJlE- State Zip Code 5. Home Phone: Business Phone: S6/] d/j. -j/f)7 3.1 'I 'IS Fax: 56!) d7:; 'cllfg~ 6. ", 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) ) .... '}.IJ:::>S 0 F :::t>EJ..~)"l - VINcE 1.. E C '/1/fJ-. 11. Give your present, or most recent employer, and position: , /-1)0 P^,o E. 7)13 LI-c.. 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) L: /J fi~J) ,I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co . ed in this application may cause forfeiture upon my part of any appointment I may receive. ~ 9 :)P;?Jb DA ".I Note: 'Ibis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCU!RK\BOARD\APl'UCATION DIANE FRANCO #12. 'In addition to raising and supporting my two sons as a widow in South Florida during the 1980's and 1990 selling advertising for a local Delray weeldy newspaper, I had the opportunity to be employed in several positions that honed my interpersonal sales skills. During the past 5 years I have concentrated my efforts both as an investor in both the financial markets as well as the local real estate market, acquiring, developing and presently manage several residential and commercial projects in the City of Delray Beach. ') , ) ***** m~ 1993 2001 t/l7/t;~ CITY OF DELRAY BEACH RECE\VED BOARD MEMBER APPLICATIONAN , 7 2006 C\TY CLE.RK DB..RAY B'EACH ....c.... 2. e.-+ Name MLW Zip Code ~~ Zip Code 3. Legal Residence: 4. Principal'Business Address: City State " ZiJ,J Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~fPl-JJJ3-'i?Off -~ -3~ 6. Are you a registered voter? , e s If so. where are you registered? Pc",l ~ 7. What Boud(s) are you interes ed in serving? Please list in ord~ o~ prefer~ce: " . ~. hone c..-..J- i-tJi5 r/YJ'e ~ - - 4"l A n eve;- 9., Edu tiorW qualifications: , . (3u~ I t1hJ I A~ rej~ t 1. Give yow; present, or most recent eniployer, and positio~ gOS'J ConSre5J 4v-c, Bou:- ~.f-.s.-1 / Ft-- .?)lj f '/ , ' '12. Describe experiences, skills or knowledge whiCh qualify you to serve on this hoard: (please attach a'brief resume) see... ,i:.. +\-~o< 'ra\J~ _._ :r:.~ 9~ef'-^- \, L ~~ fA.. ro h:.JJJQ~ f . ~s\"clvl.J I~ 'b&J ~ (Jo..//) . tA- f,?' .e,j j/}(/q/J. LJ -M I hereby certify that all the above s tements are true, and I agree and understand that any misstatement of material facts c. (' contain . this p'lication'm ca orfeiture upon my part of any appointment I ma.y receive.' , . . .. DAJ /J / tHJ() C; Note: This application will remain on file in the City Clerk's' Office for a period of 2 yea1:S from the date it was submitted.. It will be the applicant's responsibility to ensure that a current application is on file. , , ,j Ii) , , , ' , ' SIClTYaJlRK.\/lOAlW\APl'UCATION Matthew W. Hartley 2522 Ella Street. Delray Beach, FL 33444 Home: (561) 243-4808. Cell: (603) 674-3067 m_wade_hartley@hotmail.com aUAUACA TIONS PROFILE Information Technology Specialist with a diverse background in customer interfacing, technical writing, project management, and software engineering (specifICally in speech and web technologies). Exceptional interpersonal communication, leadership, analytical, and organizational skills. CONSULTING ENGAGEMENTS Genesys labs, San Jose, CA. (Nov 2004) Enabled Genesys Labs system test group with installing, configuring and troubleshooting WebSphere Voice Server 5.1.x. Cisco Systems, Boxborough, MA. (Feb 2005) Presented WebSphere Voice Server 5.1.x product and enabled Cisco Systems system test group with installing, configuring and troubleshooting WebSphere Voice Server 5.1.x. Bank of China, Beijing, China (Feb 2oo5) Presented WebSphere Voice Server 5.1.x product to senior technical staff at Bank of China. Call Design Ply Ltd, Sydney, Australia (March 2005) Presented WebSphere Voice Server 5.1.x product, enabled for installing, configuring, and troubleshooting WebSphere Voice Server 5.1.x, and helped develop a voice application for a Call Center conference in Sydney, Australia that used WebSphere Voice Server 5.1.x. Holly, Sydney, Australia (March 20OS) Presented WebSphere Voice Server 5.1.x product to senior technical staff at Holly. Genesys labs, Sydney, Australia (March 2005) Installed WebSphere Voice Server 5.1.x for their use in product demos. Gold Systems Inc., Boulder, CO (April 2005) Presented WebSphere Voice Server 5.1.x product and enabled Gold Systems technical staff with installing, configuring and troubleshooting WebSphere Voice Server 5.1.x. AM Auto Club of Southern California, Costa Mesa, CA (June 2005) Installed WebSphere Voice Server 5,l.x product at customer site for production deployment of customer IVR AM Auto Club of Southern California, Irving, TX (Nov 2(05) Provided on-site customer support for the WebSphere Voice Server 5.1.x. PROFESSIONAL EXPERIENCE May 2002 - present, International Business Machines Corp., Boca Raton, FL STAFF SOFlWARE ENGINEER Projects and Highlights: Co-designed and co-developed the IBM WVS (WebSphere Voice Server) 5.1.x MRCP Server . Designed and developed components of the WVS 5.1.x MRCP Server, specifically the functions that dealt with RTSP and DTMF processing. . Worked with BP (Business Partners) IVR (Interactive Voice Response) systems (i.e. Cisco 5400/5300 gateways, Genesys Voice Platform). Set up development lab with respective BP IVR solutions for interoperability testing. Helped to drive defect resolution with BP IVR's on issues found during interoperability testing. . Presented WVS 5.1.x solution to numerous executives at IBM and at IBM sponsored sales/technical conferences. Co-designed and co-developed a VoiceXML 2.0 compliant web browser . Designed and developed the part of the VoiceXML 2.0 compliant web browser that managed the fetching of resources and implemented VoiceXML caching policy. . Presented VoiceXML 2.0 compliant web browser to worldwide Business Partners and IBM colleagues. Matthew .v. Hartley cont... November 1999'- May 2002, International Business Machines Corp., Boca Raton, FL, SOFTWARE ENGINEER Projects and Highlights: Co-designed and co-developed a set of voice application development tools used to create VoiceXML applications, · Team Lead for the design and development of IBM's Reusable Dialog Components 1.0 release. Managed the entire design and development cycle, wrote a detailed design specification, and performed project management duties which included (but is not limited to) identifying project tasks (and milestones) and <l;ssigning resources to those tasks. · Designed and developed a graphical user interface for importing and customizing IBM's Reusable Dialog Components within IBM's WebSphere Voice Toolkit IDE. · Co-developed the VoiceXML Editor within IBM's WebSphere Voice Toolkit IDE. August 1996 - October 1999, State Street Corp., Quincy, MA, ANANCIAL ANALYST Projects and Highlights: Senior level position providing customer interface, project management and developmental analysis for Securities Operation Division. · Project Manager for a proprietary client-server application called "Global Tax System". Designed to automate Global Tax Department processes and deliver reporting requirements to sub custodians. Coordinated customer engagements and user requirement proposals, technical planning and design, UA T (User Authorization Testing) testing, and installation/deployment. · Co-developed a proprietary client-server application called "Securities Lending". Designed to track and bill Brokers on dividendlinterest payments outstanding. · Co-developed a proprietary client-server application called "Sammis". Designed to forecast budgets for all departments and cost centers under the Securities Operation Division. ) TECHNICAL SUMMARY Programming Languages: Grammar Languages: Markup Languages: Scripting Languages: Development Software: Web SelVer Administration: Protocols: Java (J2SE and J2EE) Augmented Backus-Naur Form (ABNF), Speech Recognition Grammar Specification (SRGS), Java Speech Grammar Format (JSGF), Speech Recognition Control Language (SRCL Extensible Markup Language (XML), Voice Extensible Markup Language (VoiceXML), Speech Synthesis Markup Language (SSML), Can Control Extensible Markup Language (CCXML Java Script, ECMA Script IBM Rational Application Developer, Eclipse, MS Visual Studio, Visual Slick Edit IBM WebSphere Application Server, Apache Tomcat Server, IBM HITPServer, HITP (Hyper Text Transfer Protocol), SIP (Session Initiation Protocol), RTSP (RealTime Streaming Protocol), MRCP (Media Resource Control Protocol), RTP (Real-time Transfer ProtocoQ, SOP (Session Description Protocol) EDUCATION University of Miami, Miami, FL (Dec 2004) M.S., Management of Technology - Magna Cum Laude University Of New Hampshire, Durham, NH (May 1996) B.S., Business Administration - minor in Rnance, Cum Laude B.S., Psychology, Cum Laude REFERENCES References are furnished upon request. DB.RAY BEACH ~ 1993 2001 U/7/OV CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION information: DVG wA 1. Name 2. 3, 4. Principal Business Address: City State Zip Code' 5. Home Phone: ~I.,I )1L/ dY~() t\'5'1,3va)~8bk~ 6. Are you a registered voter? VB 7. What Board(s) are you interested in serving? Please list in order of preference: L. 3:?--t~Lf Fax: 9:,t;)~J8S(. 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) 9. Educational qualifications: to. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 0P 12. Describe experiences, skills or Jmowledge which qualify you to serve on this board: (Please attach a brief resume) P - u I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained' this application may cause forfeiture upon my part of any appointment I may receive. MA"1 ~ 'dOOb DAlE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current aPe.!!.cation is on, file. HE CE1VE1jIAPPLlCATlON JUN.'t)'7 2006 CITY CLERK Elena HARTMANIS 75 Atlantic Grove Way Delray Beach, FL 33444 561.756.5551 ehaTtmanis@emiaroupinc.com Employment History: 2002-present EMI Group, Pompano Beach, FL President Responsible for producing weekly radio show Grande living on WBZT AM; booking clients for radio and TV interviews, Publicizing book tours; new business development; marketing; coordinating special events; pairing clients with local charities and building alliances through community relations and business to business. 1999- 2002 Tilson Communications, Boca Raton, FL Senior Account Executive Responsible for communicating and coordinating national, regional and trade media; client special events and campaigns; booking clients for in-studio and on-location television coverage. Assisting with. new business development, including presentations and attending networking events. National and local clients include: Mars Music, Truly Nolen, Del Webb Corporation, Office Depot, Fidelity Investments, Rexal/ Sundown, Phoenix Foundation, Pressman Communications, Gold Coast Builder's Association, Ibis Golf and Country Club, MacArthar Park and Medical Staffing Network. 1998-1999 Resort Landscapes, Boca Raton, FL Client Relations Developing in-house marketing programs and strategies; coordinating customer relations and international shipping for mufti-national landscape companies specializing in the development of Caribbean resort properties 1997-1998 McGee & Star Advertising, Boca Raton, FL Account Executive Developing and organizing advertising campaigns for television, radio and print media, assisting with media buys for each campaign; developing and implementing new business campaigns; coordinating special events for clients 1995 -1997 WSVN - Channel 7, Miami, FL Research and Writing Assist reporters, anchors and producers in researching, writing and gathering information for human-interest stories and special reports. Assisting in research of WSVN file archives for information and film footage requested by national affiliates, CNN, "America's Most Wanted" and "Inside Edition." Writing news copy from wire service transmissions. 1994-1994 WSVN - Channel 7, Miami, FL Intern Internship with Kelley Mitchell, News Anchor and original co-host of "Deco Drive. Primary duties included developing story ideas, participating in field interviews with "Deco Drive" production crew, writing news and assisting news anchors Kelley Mitchell. Rick Sanchez and "Deco Drive" segment producers. Class of 1995 Florida Atlantic University, Boca Raton, FI Bachelor of Arts in Communications Courses of Interest: News and News Reporting; Radio and TV Production; Media Criticism; Acting I; Communication and Rhetoric Theory; Media Studies; Persuasion, Propaganda and Public Opinion. Post Graduate: Meeting Management and Event Planning Organizations: Boca Raton and Delray Beach Chamber of Commerce, American Cancer Society - Volunteer Milagro Center - Volunteer Stand Among Friends - Volunteer ***** 3/~~g' DB.RAYBEACH .. Co . C. . . 4 'iji~ 1993 2001 CITY OF D L Y R'. :r::::rFlvr::f~~ , ERA BEACH~t~-,,,,,',-~"~~_"_e' BOARD MEMBER APPLICATIMl2 7 2006 CiTY CLERK information: ~ 2. Home Address: ' L. .ArN' '~ '03> S ,...- t.U <!)b 3., LegalResidence: ~ 6 &IY\~ 4. . Principal, Business Address: ~~ City ML V Zip Code 5- Zip Code 1. Name City State Zip Code 8. Fax: 5. Home Phone: 'Business Phone: ~~t.: :~8~6 6. Me you a .registered voter? 7. 9. Educational qualifications: \~~~Q r--v~ : 10. List any related professional certifiations and licenses which you hold: ,Of\- ,- e~ ualify you to serve on this board: (P~ attach a brie . , e..~ ~GLB u " statements are true, and I agree and understand that any misstatement of material facts ause forfeiture upon my part of any appointment I may receive. . .. Y--C:I ~rO DATE ' / Note: This appliation will retna.in on file in the' City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensuie that acurrent appliation is 011 file., ' S'alYClJlRK\IlOAlUJ\APrLlCATION JAMES HOUCK - RESUME OBJECTIVE & PROFESSIONAL HISTORY Page 10f3 OBJECTIVE To secure a PROPERTY MANAGEMENT position where interrelated experience in Architecture (5 'years - Building Design and Site Planning), Operating and Capital Reserve Budgeting (18 years), Computer Software (20 years - Microsoft Word, Excel, Access and others), Construction (3 years), Corporate Business (10 years - Management, Sales, Marketing and Training), Property Management (18 years - Portfolio & On-Site Experience) and Real Estate Licensed (21 years - Commercial & Residential Leasing, Sales, Marketing) will be of value to your company. PROFESSIONAL mSTORY 1992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida) Property Manae:er "On-Site" managed a 460 unit condominium development with nine (9) five (5) story buildings and two swimming pools and a clubhouse. Managed a portfolio of up to 16 high end community associations, collectively consisting of 649 individual homes and 345 two (2) and three (3) story condominiums totaling 994 units. Responsible for preparing, implementing and overseeing the annual budget expenses of over $4,000,000 collectively. Professionally managed the contracts of accountants, architects, attorneys, carpenters, electricians, elevators, engineers, general contractors, horticulturists, insurance companies, irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other contractors, vendors and agencies. Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 4 asphalt roadway overlay & 9 sealcoate projects, 8 painting and 5 sloped roof replacement projects. Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need to personally have to the calculations. Work with various city and county agencies on building and landscape projects. 1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida) Property Manae:er , ) / Consistently directed the operations of up to 15 properties, collectively consisting of more than 1,000 two-story and mid-rise condo units and individual homes. Responsible for preparing, implementing and overseeing the annual budget expenses of over $3,500,000 collectively. Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 2 asphalt roadway overlay & 8 sealcoate projects, 5 painting projects, 3 slopped and 2 flat roof replacement projects. JAMES HOUCK , Resume - Page 2 of 3 1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida) On Site - Property Manae:er & Leasine: Director Directed all on-site property management, sales and leasing efforts for a 40 bay 95,000 square foot OfficelWarehouse building. Responsible for negotiating all contracts and leases. Liaison between general contractors and maintenance companies. Created and implemented annual budgets and prepared monthly financial analysis. 1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California) Real Estate Ae:ent Working with developers, property owners and tenants negotiated more than $4,000,000 in retail and office leases and land and building sales. Created and utilized computer generated databases to work with buyers and tenants and also investment programs to analyze building and land sale opportunities. 1984 - 1985 FRED SANDS REALTORS (Los Angeles, California) Real Estate Ae:ent - Commercial Division Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by extensive cold calling on owners, tenants and other brokers. 1974 - 1984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois) A high end residential, laboratory and institutional cabinet manufacturing company. Western Ree:ional Sales Manae:erlMulti-Housine: Division (Based - Los Angeles, CA.) Successfully directed the development of a new region of dealerships, independent agents and corporate accounts throughout 7 key western states. Eastern Ree:ional Sales Manae:erlMulti-Housine: Division (Based - Ft. Lauderdale, FL.) Effectively managed 17 independent dealerships throughout 8 key eastern states. National Operations Manae:erlInstitutional Division Supervised all corporate accounts and dealer services. Corporate Sales Ene:ineer/DraftsmanlEstimator j JAMES HOUCK (Licenses, Designations, Memberships, Board Member, Education) Page 3 of3 PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSHIPS 2005-Present Commercial Property Management (CPM) Candidate (IREM ID #0159693) (Chapter #76) 2005-Present Florida Notary Public Commission (#D411955) 1989-Present Florida Community Association Manager License (#5414) 1987-Present Florida Real Estate Broker License (#500323) 1984-1987 California Real Estate Broker License (Not-Active) 1984-1987 Affiliate member of the "International Council of Shopping Centers" (ICSC). CITY GOVERNMENT - BOARD MEMBER 2004-Present City of Defray Beach, FL - Vice Chairman - Board of Construction Appeals ) EDUCATION 1987-2005 FLORIDA - Real Estate & Community Association Management Continuing Education Classes 1984-1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California 9 Commercial Real Estate Classes (property Management, Marketing, Finance and Appraisal) 1976-1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin 8 Business Management Classes 1971-1974 UNIVERSITY OF ARIZONA- Tucson, Arizona Bachelor of Architecture Degree 1969-1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale, Illinois Associate of Architecture Degree .' .;.j JAMES HOUCK 3763 S. Lancewood Place Delray Beach, Florida 33445 , 561-865-2636 I jdhouck51@bellsouth.net STRENGTHS & SKILLS Page 10f2 As a highly organized and self motivated professional with interrelated experience the following are a few strengths and skills I can offer: PROPERTY MANAGEMENT ) Create an extensive "Management Plan" to reflect the goals of the property and their owner's. Able to fulfill the manager's obligations under the property's management agreement. Able to manage a broad portfolio of properties and maximize their property values. Ability to quickly learn the roles and functions of all positions within a new property. Test economic alternatives to increase value and make recommendations. , Understand financial statements and accounting principals. Knowledge of available insurance coverage to protect owner's assets. Proficient in creating operating and capital reserve budgets and effectively manage their expenses. Understand and work with lease/sale analysis and investment software. Prepare an "Operations Report" if required. Examine problems and create viable solutions. Develop short and long term market analysis and economic plans. Orient new residents/tenants and promote positive relations. Enforce collection and foreclosure procedures. Constantly analyze properties physical and fiscal concerns. Understand legal issues as they relate to tenants and owners. Oversee operations, lease administration and construction management. Manage budget costs to maximize profitability. Monitor the construction of tenant improvement build-outs as required under lease term. Understand and meet goals of a property. Understand staffing and employee relations to create a top notch team. Maintain expense controls and increase Net Operating Income. Able to properly oversee the ,selection of contractors and other vendors. Strong ability to administer contracts and create tenant relationships. Proven record of excellent internal and external customer service. Provide direction and leadership to various in-house and out-sourced personnel. Inspect and evaluate all building equipment, systems and grounds to insure thatthe appearance and operations of the property meet established standards. Develop emergency procedures and preventative maintenance programs. Develop operating and capital budgets and track variances monthly. Manage approved capital expenditures. Negotiate and approve leases and contractual obligations related to the continuing operation of the property. " J James Houck Page 2 of 2 - Strengths & Skills FACILITY MANAGEMENT 'Able to help or take on role of Facilities Manager, when needed. Negotiate and manage conformity with vendor contracts. Understand and manage capital improvement projects. Understand and work with architectural drawings. Conduct and prepare extensive property and building inspection reports. Knowledgeable about the construction and other components of a building. Manage risk factors effectively. Monitor owner improvements. Properly select and work with service providers. Identify and work out construction defect issues. Properly communicate with and motivate employees and outside contractors. Hire and effectively supervise employees and outside contractors. Oversee landscape and irrigation services and implement new projects. Able to effectively coordinate and/or oversee the security services; parking garage and valet services; tree trimming and removals; janitorial services; building engineer personnel; cooling systems; roof repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects; concrete restoration projects; fire sprinkler systems and most other services and/or systems as needed. ) Properly plan and implement all the various types of maintenance projects, renovations to common areas and other scheduled long and short term maintenance and construction projects. Able to work closely with tenants on their build-out improvements. Familiar with most architectural building systems. GENERAL Understand the dynamics of a lease and leasing to a tenant. Long term knowledge working with computer programs (Word, Excel, Access & others). ,-- Strong organizational, management, administrative, communication and leadership skills. Mature, responsible and businesslike in demeanor. Positive proactive work ethic. Flexible and able to multitask effectively. Professional in approach and appearance. Work effectively in a cohesive team environment. Willing to put in the hours it takes when needed. Willing to travel when needed. ) 7-06-2004 10:12AM FROM NCS 561 330 7648 P.2 DURA V BEACH ~ ;ijir 19~B 2001 /-&,-olP kna I\Ct~{ thaflacJ e, CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please rint the followin information: 1, LaslName: t::~~m~ 2. Ho e Address~ \ \ 08 IN~~"" 'S'Ah .~..,..~ 3. Legal Residence: 1 ~ t ~ ~\.t..u... ~ 4. Principal Business Address: g~~ M.l. State Z~ Code FL 3'1 Sbl. te 3i~ ~~ ? 8- State Zip Code '3s-~ Name r-- \-.t~ ~~ T City DQ.L City t.(..I~ City f\ 6" s ~ "'u-ef\.l~ ~ U-tt E-Mail Address: ~ ~~O~U~(4~ If so, where are you registered? \S~ Cell Phone:Jb ( 870-'l tS~ s~'i83 5. Honie Phone: Slo{ - "27'-t", 7JI 6. Business Phone: fL Fax: 0 ( ~3o -70 YY 7. \X/}l~t Roard(s) are you inte7fsted j" ",,.rvif1g? Please,.ijst in orde,of preference: ~ .s (}N(~ 1"\-6C^-'lt..~\'" '1~{}-fl.-'~ ' 8. List all City Boards on which vou are currently serving or have previously served: (please include dates) 9, Educational qualificavons: N\~~~\. "" f'\ Y. l^Sh-t~ Fe f'lA-rt C -Q 10. List any related ptt~o~ certifications and licenses which you hold: 11. Give your present, or most recent employer. and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) ~ ~~ e ove statements are true, and I agree and understand that any misstatement of material facts . n m,y e,u<e fo,fcinue "PM my p'" of .ny appom,,"~~ 1':;;:; DATE " Note: This application will remain on ftle in the City Clerk's Office f~a..2lj,r-io,~~yea[s from the date it was submitted. It \1lill be the applicant's responsibility to ensliilii~lication is on file. SICITYCLERK\80ARD\APPUCATION h7J !!/17 A/A-L JUl -6 2004 - .-... ........ .........., /-~-~4 I~: I~AM 1994- present - 1982-1994 - 1978-] 982- 1965- 1978- 1961-1965 - NASD Exams - } . t- KUM I"JC.:::' :::x:> I ~~1Cl I t:>4(:j Y..5 Kenneth T. Kaltman National Compliance Services 355 NE 5th Avenue Delray Beach, FL 33483 National Compliance Services - Manager (illd Field Auditor National Regulatory Services - Sales and Compliance The Securities Group - Senior Partner! Trading and Compliance Lehman Brothers - Senior Vice President. Trading -: established London and Tokyo office for Lehman New York Institute of Finance!University of Tampa Series 63, Series 7, Series 24 Ma~ 19 2006 11:40RM Kim Thomas, 05/19/06 FRl 10:55 FAX 581243~774 DIlKAY 8EM:tt ~J , III ,~~ , 1993 2001 P.R. CIn CLERK 561-274-6778 p. 1 ~OOJ CITY OF DELRAY BEACH BOARD MJ:MBER APPLICATION 1;7/tJ?? ECEIV. MAY 1 9 20GJ 4. N21lle n-uG City 2. Home Addtr- . I ' 3. Ug.d Re:aida,cc:.; City City Sate State State S. Home Phoae: .>(.( - 6. E-Mm .Addces~:,,(::. Cell Pho~ I_ e:... Do"" 'f Pr "" .J. \.. ~.c:.o Z' Code tp 3~~ Fu: ~(.,I- /v1i(1"', t>t30 7. to. List MY L-d.aled profes:;iao.al. ccrti6ca.tions lUld *oscs ~ you bol C 0 AJl VOt-rJJ - 11. GiTe yow; pJ:eseot, at . 12. Desaib~ ap'~ces. skills or btowlcdge'wb.icll qwilify you to serve on chis boud: (please 2~ch 2. brief resume) (~.c 'fl.( Sl.GNATI.1RE e.o.ls uc ttu~ 1.Od I agree aad Wld~UC2nd tha.t 2.111 m1sSC2b:m<:nt of nu.tcri2l bets fo..cfcil.'uR upon my part of auy :tppointmcnt r lXl:A.~~1c ~tld6 . DATE t No~; This application,.nu ~ on file in the-City Clu:k's Offic.e for ~ period of2 YOU$ from the date: ir: 'In$ 5ubmitt~ Xl wiIl,be the appJican.t's tt;sponst'bility to ensure that. c:u.n:.eIl[2ppli~n. is on' Ule. . , $'oCJI'Y~"lIU.i'ruCATlQN Jun-U~-!UU~ U!:I~pm trom-~tA" LilT rKUrtWllt~ ~IiIZlI:l!iZZI T-119 P,ODZ/OOZ F-413 06/09/05 THU 10:31 FAX 5612433774 p~~ BfA!:.! CITY CLERK . .eetJ &17/01 ~002 ~**"'iI: -'fUr '993 2001 mo(J])2.t:iQ(1.: CITY OF DELRAY BEACH BOARD MEMBER APPLICATION REC ' . EIVED JUN, ,09 2005 LERK Zip Code ??g<./~ Zip Code N:uue '::;:+A/C/ OVAlO/ 2. Home Add.tess: . 1'/f{, :fG1~e 'fl2JV&c 3. Leg:tl Resi.dea.ce: € .4. Princip:d.Business Addz:CS9; . 2 z..o A/& / ~ ;57J!.8"ei City 7)Gu2A Cit:y ~V:+ s~ State S. Home Phone: ' 'Business Phone: 272-4-503 J-n.... ?3~Z- 6. ALe you a x:egisteced voteU I L , 163 7- What Boud(s) ,<lIe you ia.l:etdtcd iu sa:ving? Plc:;Ue list in orila: of pr:-efeo:nce: 1Db4 . . , Ciry 7/B-eA</ ?&4efl E-M:ailAddrcss: Cell Phone;; <:.P f1CIlfl~ n\el . Cc;.- . tjl..f( -I Plo If so, whece a.re you rc:;gistcI:ed? S~ce fi- Zip Code ~3#1 Fax: Z. r?-"&22.! 8. 9. Bduo.tio~ qu;ilifiCltion>. 10. List ao:y tcb.ted professional certifications :an~ licenses which you hold: 11. Give your present. OJ: most recent eoiployer. and P?sitio.lf ,- '- CcV -w-t) oud; (please -at:t:zch 1\ bn~ res~ -= I h~by certify chat -all the ll~Ovt :st:J.tcmcnts -arc tmc; -a.ad. I agt:cc and undcrsl'3lld <<fuu: any misstll,{:e.ol.cD.t of roat.o:i21 &.cts contained in. this -:JPplica.tion Im\.y cause fotfdtuJ::c upon. my p~ of any appoin(D;lent I may receive:.. r~~ -. ' t-9-t7S T..... . . DATE. . '" , - NOt:~ This '1{>p1ica.tion will r...m"in on.61c in the.Uqr Cedes Office for:: '3. period of2 ye:u:s froro. th~ dare itWllS submi.tted.. It-will be the applicant's .responstbiljty to eo.suie.tha.t tl-.au:tent appliCltion is on file. ,__._.~.~:.- . . . ~~n........n~' .. '!;)/ 1."l UQ J.nLl Ult: 1.': rhA ;)01. .: I tI I,I.'Olt LI ~ 1 rtlH J::.L fOOl ....1Qllot f\eGf3~ ','" ,','..',,' ,.i~~~t ' f\ '1\ 1, ,,' , ' , ',,' ""1"":' ,::rp~ , ,.;.If''\;:,€..'',, CXf'\~" ,..,. ',': -," ". .."", .." ~." ," . ." . . . . -. . . .. " . . '.' . . . '. .... .' '.' '. . .. .... . ..... .' , ' .', . . . .. ." .... . . .... .':' . Pliw..y..X Bp..pt ...." ," ...' . .. ' .e '1993. :z001 , ' " ,:CITYOFDE~~YBEACH:." BOAItDMEMB'ERAPPLICATION' Please' type 'or ppnti:l:i~ foU;wmiuuounanon: ,1. Lall~ NanJ<:: Peltzie N..me Kenneth' 'M.r, -3, 'L:gaIResidencc: , S~~~, 4. Pri.n.:ipaLBu~~(I Addt<:33: City St'A.(e Zip'(30&':",' 33445," Zip Code" .. , " Gry- Deimy Beach Stl1ttL :2., Home Address: '2260 Rabbit Hollowe Circle Gcy State ,Zip Code :.::.....--:.~.;::.:.- ~,'..~:.}:6.,'.'.,l,',.~,'::i~,~~~"@5;;~,.:.. ~~-~~: ~~.~. r: ..~::~e~:.3 ---;-..:.. . ...;-....-;.:.:..' .5.:-':.fioxnc I"bOfiC: B~jn=~ Phone:: .. .. ..::....: L...c';:.;'.~.!~- ,::',:;';'..S~~: . " 561-4984764' ,~_... " ,....' 6. :A1:e:you$...rcci5~d vQter? , ' '~'", , YeS' Delray,Beach, Flonds. ,7; VClhat "B<ntd( s) aie: .yolJ int~ested in se&ini? Please lis': in ocdcr:of p!cfttcncc: E-Ml<il Addres!): c:.dl1?~~<1r~,( _~I F;J.x~ kpeltzie@yahoo.cOm" l Jb~~3e11 '<,.,:' - ,..':>:;;;.. " .:, If so, wher.e are.you regts(e.red? , .. Downtown Development Authority, PlQ~"""'''''' cr..ol -Zo-,~'; Bc1~~e-I,<"~A 8~ Lj~t ill City BDards 011 'which YOll :u-c: cuncndy setving or have prc:v1ously saved:, (PI~se. inclUde. dates) . ,..planning and Zoning Board 8/15/00.tocurrent .' .,- 9. Educllrion~l qualifieattolls: Masters in' Public Health/Administrative ,Medicine ", -10. List any ,r.d.a.ted professio113l:certificuions and licenses which you hold: '. . .! , , '" " 1 i: Giv-e your prci!c:ni; or' :r003!: rec;c:o.i: employer. ,ll-fid posirion: 12 D~cribc e::c.perie.nces".s1ci.\h; ot: knowledge -wbichqua.lifyyouto se[Ve on t:hi~ I:J().a~'d~(pl~~e:~tb~h ;t bci"f i~umc) Vice PreSident, Whitsyms Nursing "Ltd ,,,.:...:..:..., 'FortY Year exoerience in- Health ,Care Adm' on..and Comma mi,tyPl::lInning " " , , "''-''1' . '." Served as an officer and Board Member of a "number ofH~nmmllnj1)r,~ra-;'nizatio~s":' '. .', :', I bO:I):1.>y cccUfy Wal..11 the ab<:o-ve st:il.tcm<:D.t!i .u:c. true, and" I agr:cc. =<1'-m<:1en:t:lUd That =y 1D1.t:tJlt:eJnent r.ot ""'t.ett..J f~i.r" con~lJld in this ~c:l.tinY Qlus: forfeiture upon my pall of-any appointInent-l ro...y r~ce,iv('_ ,',;~",..__ ',' 1/ ,7 ~e.-~..c,,( _J-eiT>~ .Ar\~1 ' ['".{'/7:::':<POJi-fi,' ' " SlG~, ,y", , DArE ' , !. .. . .:.... "..." , , , ! "..,',1' .. N otc: This llpplicatiOll will remain Oil :file in the City Cle.ck's Office for. 1I: period of 2 yeari" ,from'.the d2. ce i1: -Was " submitted. Ie will be the applicant's respoo$ibiliry roensuT.e that a current application is on file. , '., , S\C~""'C1BJGBO;""",^"lUC':'TIOl<' , .. i . . ~ Sunday, May 16, 2004.max KENNETH GERALD PEL TZIE 2260 RABBIT HOLLOWE CIRCLE DELRA Y BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL ExPeRIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Consulting Firm) Federal Government Health Care Program Analyst SPECIFIC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida 1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-1986 President, Affiliated Hospitals of Indiana (a network of 18 hospitals in central Indiana) 1980-1982 Executive Vice President, Community Hospital of Indianapolis Senior Vice President, Robert Douglass Associates (a national health care consulting finn). Vice President, Chi Systems, Inc (a national health care consulting finn) Associate Administrator, Assistant Administrator, Sinai Hospital of Detroit (a 620 bed university affiliated teaching hospital) Budget Examiner, 8urea~ of the Budget (now, .~he Office of ~anagement and BUdget,) Executive Office of the President, Washington, D.C. . Administrative Officer,United States Air Force Hospital, Dyess Air Force Base, Abilene, Texas. 1972",1980 1966-1972 1961-1966 ') 1958-1961 1957 -1958 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC exPERIENCE B.A. College of Liberal Arts (Biology and Psychology), Washington University, St. Louis, Missouri, 1955 Graduate Studies (Industrial Psychology), Psychology, Graduate School of Arts and Sciences, Washington University, 1956 M.S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PROFESSIONAL MEMBERSHIPS American Hospital Association - Personal Member American College of Healthcare Executives - Fellow International Hospital Federation - PerSonal Member ) Community Activities Palm Beach County Health Care District, Finance Committee Crossroads, (Substance abuse support Center) Past Board Palm Beach County Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board, Member and Vice Chairman HOPE Project (A not for profit organization providing free mammograms), Board member and Treasurer. Deaf Service Center (A not for profit hearing loss support organization), Member of the Board United Way of Palm Beach County, Member of the Finance Committee. Leadership Palm Beach ) ,,/ Rotary Club of Delray Beach, Member and Past Treasurer DRRAY B'EACH ,,'oc..... ***** m~ 1993 2001 CITY OF DELRAY BEACH ..tJ.f;$~ BOARD MfiMBER APPLlCATi61V .tl\\I\. l-\~'i '~~.~'/-.. C\1'l C \.-€ ' Please tint the followin 1. Last Name: S 2. Home Address: information: 3. MI. 4. I. City State Zip Code 5. Home Phone: ' Business Phone: S~ ,<-<.,<:::::>2-3(., 6. he you a registered voter? E-Mail Address: Cell Phone: Fax: s 7. What Board(s) are you interested in serving? Please list in order of preference: }::> ~Y"-. ~V\. M ~ 8. list all City Boards on which you ace currendy serving or have previously served: (Please include dates) (J('\<-. 9. 10. List any related professional certifications and licenses which you hold: ~. . resent, or most ~eceO.t employer, and position: . , ' ~ ' wS the above statements ace true, and I agree an understand that any misstatement of material facts lication may cause forfeiture upon my part of any appointment I may receive. .. . JPlj, DATE ~~ CJ~S~ s Note: This application will remain on file in the' City Oerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCl.IlltK.\BOAIu>\A1'PUCAnON ' NANCY E. SCHNEIDER 41 East Road Delray Beach, FL 33483 561-265-3236 Home 305-720-4464 Cell nschnei5@fau.edu EDUCATION Florida Atlantic University. Currently enrolled in Geography Masters and GIS Certification Programs. MBA, Keller Graduate School, Chicago, IL, 1995 BS, Business Administration, Western New England College, Springfield, MA, 1982 AutoCAD I and II, Miami Dade Community College, Miami, FL, 2000 EMPLOYMENT HISTORY PLANNING INTERN South Florida Regional Planning Council, Hollywood, FL January 2006-present . Compile data for the FEC Corridor Study regarding land use, CRAs, planning, Brownfields, Enterprise Zones, Comp Plans, EARs, and other relevant information on municipalities in Dade and Broward Counties. . Interpret importance of data relative deciSion making on station locations. . Write Summaries for data for FDOT. FLIGHT ATTENDANT American Airlines, Miami, FL 1998-present . Customer service (received five .Someone Special" awards in first year). . Working knowledge of SABRE. . Maintain and enforce FAA, TSA and security regulations. . Work well in crewmember teams as well as leadership roles. . Endurance, quick response, conflict resolution, flexibility, spontaneity and patience. ACCOUNT MANAGER Pepperidge Farm, Chicago, IL 1989-1997 . Fifteen years of successful Account Management and Marketing in consumer products and telecommunications. Developed successful marketing/public relations campaigns for a variety of industries utilizing a range of marketing tools including, but not limited to trade shows, radio advertising, print advertising, press releases, billboards, and brochures. . Repeatedly attained key corporate objectives as well as increased sales and profits for accounts. . Conducted category reviews and business reviews. . Coordinated work of various levels of management at accounts as well as in-house support staff, ensuring successful marketing programs . Maintained database containing vital client data. Proficient at all frequently used spreadsheet and word processing programs. . Conceptionalized and launched Goldfish theme that served as model for national campaign. . Dramatically increased space by developing creative sales incentive programs. . Created resourceful new promotion strategies, maximized product movement and unit profit. . Managed $6.9 million in sales . Maintained marketing budget of over $1,000,000. . Analyzing and applied IRI scan data and Spectra demographic information. Advised accounts on maximizing entire category profitability. . Maximized in-store opportunities with effective selling tools. . Directed Area Sales Managers and Distributors for specific follow through during promotions. DEVELOPMENT ASSOCIATE N.C. Agency for Public Telecommunications, Raleigh, NC 1987-1989 Fundraislng, public relations, script writing and television production. ACCOUNT REPRESENTATIVE Allen Consulting. Holmdel, NJ 1985-1987 Marketing consultant. Developed successful marketing, advertising and publiq relations campaigns. ACCOUNT REPRESENTATIVE American TeleServices, Bethesda, MD 1983-1984 Sold beepers, mobile phones and two-way radios. CATERING/CONVENTIONS SERVICES MANAGER Hyatt Regency Hotel, New Brunswick, NJ 1982-1983 Developed and coordinated al~ aspects of meetings; conventions and catering funclions. DB.RAY BEACH ~ AI btt.uCily , III I! 1993 2001 RECEIVED CITY OF DELRAY BEACH APR 2 4 2006 BOARD MEMBER APPLICATION LERU' CITY C f'. ~d Please e or rint the followin infonnation: 1. Last Name: S-H UTI Name -n-\U Y (.wee) City ~"( ~ City State FL- State lVI. I'T Zip Code 3~+M- Zip Code 2. l~~e 1t~esl:2~ 5m.eET 3. Legal Residence: SN-te AS A&e>VE. 4. Principal Business Address: B l!:re JOE::l ~D 1 ~. Zoo City ~NtcN ~ State FL Zip Code e>>34.37 5. Home Phone: C5tDl) '2u.5-10e4 6. Business Phone: E-.Mail Address: Cell Phone; Fax: S(Ql)53{,-1042 -shotts4@ (?Col)cP"S-OI45 CslD')5~-ICiDO ~rl-hhhk . TleT Are you a registered voter? '(e s If so, where are you registered?p Al..H ee~a-I <:.omJ 7. What Board(s) are you interested in sen-ring? Please list in order of preference: C~)o..} P:DA) pz.) l).6. HOUSI~ A~;-() "BoAex::>OF c.oN~1)Z.U;f10tJO~Af'FE!N.S 8. List all City Boards on which you are currently serving or have pre,,;.ously served: (please include dates) SP~ - (q/Cl\~ - q 00 'PZ - {CIllo ( '/02. R..eS le~ 9. Educational qualifications: ,..~ POS1T1cn.l ",.11-1 'D.S. c.R.A 15. ~~I-re CfU1Z.E. L =- - '/12:. PIZ-C~ss.l~L) 10. List any related professional certifications and licenses which you hold: l=t.c~PA A'12-c:..H-"~crvleAL ~se &tOOD ~ - NAT1~ ~~(~\... ~e~l$1"k-A1"Jo.J BoA-f2,..,O 6\000 ~U:( 11. Give your present, re t employer, and position: s , "bOu ~"C>A se....horz- \"~D !i:4jnn..E....-t!:.t-l,- "Pt2-D ecr ~A6-eR- 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) EtJi . ~~~tt SIGNAWRE . ' ~Olo DATE Note: This application will remain on [de 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 f~e. S'CITYCLERKIlIOARD\APPLlCATION TBUT T. SHUTT 102 NE 12th Street III Delray Beach liIl Florida, Fl 33444 ilJ 561-265-1086/shutts4Cii>.earthlink.net education VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, Blacksburg, VA College of Architecture and Urban Studies Bachelor of Architecture (5-yr Professional Degree) College of Engineering (Mechanical) 5/91 9/85 - 5/87 , credentials cMc Florida Board of Architecture and Interior Design - License #AR0015422 National Council of Architectural Registration Board (NCARB) Certificate - #48326 American Institute of Architects (AlA) - #30196553 City of Delray Beach Planning and Zoning Board (PZ) City of Delray Beach Site Plan Review and Appearance Board (SPRAB) City of Delray Beach Large Home Task Team 9/01 - 1102 9/96 - 9100 expertise LAND DEVELOPMENT/BUILDING DESIGN AND CONSTRUCTION Extensive (15+ years) supervisory and project management experience in land entitlement/development, community redevelopment and revitalization, consensus building, public relations, and organizational improvement in both private and public sectors; thorough knowledge of local and state land development codes (including code research, development, amendment, and implementation), principles and practices associated with urban and site design, and building design and construction; and, familiarity with real estate leveraging and financing, Florida Building Code, Statutes (Chapter 163) and FAC, and government procurement procedures. professional CENTEX HOMES, Boynton Beach, Fl 10/05 - Present Senior Land Entitlement Project Manager - Project management of traditional and mid-rise residential, commercial, and mixed-use projects; due diligence and feasibility support for land acquisition and development, construction, marketing/sales, and product development; proforma preparation; project manager for land entitlement projects located in Indian River, Port St.lucie, Palm Beach, and Broward Counties; developed scope of services and reviewed development proposals for consultant services; budget preparation for entitlement and a$SOCiated surety for projects; and monitor emerging trends, legal issues, and government policies affecting projects. DElRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, Delray Beach, Fl 1/02 -10105 Urban Designer/Project Manager - Project management (planning thru construction) of redevelopment projects, developed RFPIRFQ procedures for procurement of consultant services including CCNA requirements, selection committee policies and procedures, and reference verifICation procedures; developed project management guidelines and structure for CRAlCIP projects with City; developed consultant contracts; contract negotiation and project management of consultants' continuing contracts; oversaw and co-authored the downtown design guidelines ordinance; manage and develop scope of services for affordable housing and mixed-use development projects; review development proposals within the downtown area; developed organizational structure and management of 31-member Downtown Delray Master Plan Implementation Committee consisting of key stakeholders (elected and appointed OffICials, business community leaders, and citizens), department heads, and nonprofit resources individuals responsible for implementing adopted plans; consensus buildinglinclusive partnerships with community stakeholders; assisted with redevelopment and acquisition plans including all maps and Census and statistical data; drafting and graphic design/marketing; development and implementation of paperless system for development projects; and, familiarity with FOOT, Fl Historic Resources, PBC, and redevelopment grants (development and management). PALM BEACH COUNTY PLANNING & ZONING, West Palm Beach, FL 2/94 -1102 Principal Site Planner - Code Revision/Architectural ReviewlBuilding Permit/Public Information Sections, experience also in each of following sections: Zoning CommissionlBoard of County Commisioners (Sr. Site Plannerllnterim Principal Planner), Development Review Committee, Board of Adjustment. Responsibilities Supervised 13 professional (job creationlhiringlfiring/performance review) and technical/clerical staff responsible for interpretation of land development regulations (preparation of staff reports, board packets, legal ads, development review committee, and presentation of recommendations at televised ZC/BCC hearings); developedlimplemented Architectural Guidelines Ordinance; supervised Managed Growth Tier System (MGTS) Page 10f2 TBUY T. SHUTT 102 NE 12th Street i!!I Delray Beach !Ill Florida, Fl 33444 ~ 561-265-1086/shutts4@earthlink.net Implementation (Unified land Development Code re-write); procurement and/or administration of consultant contracts (landscape architects, land planners, and RF engineers); supervised and managed building permit, code revision, and Zoning Division file room functions; assisted in development of Zoning Information Center (coordination of interneUintranet applications, digital zoning map, and ePZB project); inter-divisional coordinator for Planning, Zoning, and Building Divisions on Comprehensive Plan Amendment, Code Enforcement, and Building pern'littinglinspections issues; developed training manuals (inter-divisional); budget preparation for sections; space and facility planning for Division; and, expert witness for Division. CURRIE SCHNEIDER & ASSOCIATES AlA. PA (nka Currie Sowards Aguila & Assoc.), Delray Beach, Fl Project Manager (Intern 8/89 - 5190) 8191-2&\ Responsibilities included code research, site planning, construction documents, contracts, specifications, graphics, interior design, marketing, and presentation to clients and government offICials and boards. Types of projects included historic preservation and adaptive re-use, fire stations. munq,al parks, US Embassy - Madrid, Spain, automotive dealerships, educational and cultural arts facilities, civic center, commercial, single and multi-family residential, mixed-use, office, and tenant improvements. List of projects are available upon request additional skills Autocad (R14 - 2006), Expedition, MS OffICe Suite (Word, Excel, Access, PowerPoint, MS Project, Outlook), Adobe Creative Suite (Photoshop, Acrobat, Illustrator, Publisher, InDesign), QuarkXpress, WordPerfect; drafting and graphic design; fluent in English and Vietnamese, French; violinist. references Professional Affiliation AlA Palm Beach Chapter (fonner President) Secretary Thaddeus Cohen Florida Department of Community Affairs (850) 488-8466 Verdenia Baker Deputy County Administrator Palm Beach County (561) 355-2030 Barbara Aftennan,Esq. Executive Director Palm Beach County Planning, Zoning & Building (561) 233-5200 Page 2012 fUlI-05-20G6 16: 18 FROr'l: r'lHC rHLLHtl 8. STHtILE\' 5612768881 TO: 2433774 P.2'3 DElRAY BEACH ~ ;qji! '1993 2001 CITY OF DELRAY BEACHRECEIVED BOARD MEMBER APPLICATI~,{} 62006 CITY ~ ; ., .... (7- #-/?-- Zip' Code 3JW.5> .in formation: 1. 3, State j::t, Stace 4. Principal Business Address: dq IF Ljfr1 Av-e ~ Zip C(lde 3S1~ - ;) 7j-(; -0 ?fL 3 E-Mail Addrcss; f Cell l'ho(}c; ,~(TY-itm't/ittf:5~tlh( __ Fa}(: 5, T-IomePhonc Husinc~S Phone: "7 6, 8, Lise all City Bn:uds COli which Y')U are currently ,;c:r.ving or have prcvi(lusly served: (please incll1de d;ltC:;) 9, I ccr " fie,ltions and licenses 'which you hold: 11. employer, and posicion: 12, wkdgc whi<:h qualify you [0 SCIVC on dus board: (please, actach a brief rcswne) 1 hereby ccrcif.y d,;,lc all ~he above SC<lCCmCfies arc erne, and I agree and undcrstlnd chac ;tny mi;;SCHcmCfie of m;n,.n;,' f:u:u; conc.,1.inc' . , ,;t~1<'n I, ;(USC fod'cimrc \'pon my part of any appoificm<:nt I m:,y receive. . Dm~/S;/.() G wi remain on file in dle City Clcrk's Office for a period of 2 yca[~ from the date i( was submitte,d, It will. be (hc applicant's responsibility to ensu,rethat a CUHcnt applieitcioo. is on tlle, S\Cfl" \:'(;U::RK'.HO-'kU',,1.""uc 1\ TII)}-.I TIJ:2433774 .JUtHJ5-20LJb 115: 1'3 FRlJr'j:r'lHC r'lILLHtl & STHtILE',' 56127bBB81 P.33 MacMillan & Stanley, PLLC MacMillan & Stanley Building 29 NE 4th Avenue Delray Beach, FL 33483 Phone: (561) 276-6363 Fax: (561) 276-8881 tom@macmillanstanley.com 11IomaS M. Sl.c.nley Edueatlon Profe88IonaI expertence Prvlessional memberships Objective 1995-1999 B.A. History 1999-2002 .Jmts Doctor Princeton University Princeton, NJ Florida State University Tallahassee, FL 2002 - Present MacMillan & Stanley. PLLC Beach, FL Attorney , Levell Title Insurance Agent Will, Trusts and Estates Estate and Gift Tax Real Estate closely held corporations condominium law Delray Member of the Florida Bar: American Bar Association: Defray Beach Chamber of Commerce: Chairman's Club; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society: Palm Beach County Historical Society: Member of Real Property and Probate Section of the Florida Bar; Member of Elder Law Section of the Florida Bar; DELPAC I am a Delray Beach native and have a vested interest in the success of Delray Beach as a downtown landowner and businessman. I feel that my skills and knowledge as a long time Delray native and attorney will bring added depth to many of the City of Defray Beach developmental and review boards, FRO'1 8tTi FH": 110. 56127-1612'3 ['1.3.':!. 313 ~'l)lJE.12: 3t::F'('I' P2 ...........:...1'"....... ***** 'fiir 1993 2001 RECEIVED ~', " ,', ' MAY ,3'.0 2006 , -, - - I CITY OF DELRAY BEACH CITY CLERK BOARD MEMBER APPLICATION OElRAY BeACH . , .0 . I 0 ... 6/~~ ( Please rint the followin information: 1. we Name: 2. Home Address: ~ a.. ~ .6. ...5UJ I rt +u n Av t:. 3. Legal Residence: 6~ 4. Principal Business Address: State M.1. ~ Zip Code ~~yv Zip Code :\ Name Cc.. City bf. (y- City Sk City State Zip Code t..~ Dt tie t cuJ', K -3 :::S~"-I y E-Mail Address: Cell Phone: Fax: N4.nC-J.-.f~a.vf:.vu.J f. :..T~a. -rp/t _ io 3 - LI ~ If so, where axe you registered? 10 5E (~-r J1vt clnd ~o{L 5. Home Phone;' Business Phone: alq-~HL> ~J 6, Are you a registered voter? dl~-~? 7. \Vhat BOlU:d(s)" are you intcrelitcd in serving? Please list in order of preference: l) A ~p r:\A0 u-~-\- i. e:x.,-::, A~c.;.oc.- .;zO<lj- .;:l.O()~ J i-m \ /\..J c....~ i: 00\ nal certifications and licenses which you hold: \' C 'C-(2. \"'- ~ c.. &.'C..c-l)\Q.~-\or Co-0\.00tJr DE\<' BfCLc.1-- ~<<=:::> Gu -( 12. Descrilx experiences, skills or knowledge "W uch qualify ,you to serve on this board: (please attach a brief resume) l-tVlld.(~ oC: b00. l \oJ()\"'t.~c'("'\.+ '<\ C(J~ro..u ~E.(''-..h.'" 0,"" ('\.0 'o()o...<~~ c.olnml~.h,'i:.~ f {6.':)L- +b("CJ2D" b0~\()~S~ 0 0t:.:r ~~""u t:.. (Ct:.o...."('I..V 't:.. ~ lU Q~ c;.. \) r ~ o...c.h. u...n...c.. (: c:::;-~ ~~'0.~~ 'i:. c..o~ , I hereby eectify chac all dle a~ve sc.t:clhcnc$ ax-c tLue., and t a.gccc ...nd undcrst<lO.d that any missta(ex~e.Q1: of mateOal fa~ ' contained in this application may cause forfeimre upon my pan of anyappoin(ment r ffillY receive. ( v r..("\'''--~ yJ.~, ~ 5'a,-<l~ ~;:~Gt,; 'yjiKIlJRP- DAlE :./ I Note: This at>t>lie~rion "vill remain on file in the CitV Clerk's Officc for a period of 2 yeats from the date itwas ", --------- .. .--...-----.',.'--- --- '--~~ Cbata-c~~::::;l:js:n~~'- IS On J::,. ... as information: /- 4)'C ~/'"' L, /"1 :243 3'7'7</ CITY OF DELRAY BEACH cz:di",~ '-~~ BOARD MEMBER APPLICATION .'~, ,_f/'C'k'?/ 'RECEIVED APR 0' 7 2005 Cl .V&LER s~/ JE~Jg State Zip Code Ih~ . .. . . . . A. ***** All-AmericaCity " II J! 1993 2001 , ,if.'" ,lj~ 2 Home Address: ,A / ~ 4J ' /V e;;~d /:sLv./J 3. Legal Residence: ~ 4. Principal Business Address: dJ ~ ~~. City .:\,,, /;2 gc:-/d-~ S. Home Phone: Business Phone: cl-7a. 0 55D $.-7~ gQ/.:2- '6. A1:e you a registered voter? E-Mail Address: ~ State -~ Zip Code 3'3Y~ Cell Phone: Fax: If so, where are you registered? 7. What Board(s) are you'interested . ... 8. List all City Boards on which you are currendy s 9. ~ ~ 10. List any related professional_certifications and licenses which you hold: /6"' ~ .~ % E bIc..-> _ / (7 11. Give your present, or most recent employer, and position: Fa ~ / ~ p,,,,,~.../~~../ &D-<"h -12 Describe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resuri:1e '.~ - . X a..-.L~#.c:: ~ 6- />6~~~~~5'€U-S4 ~7< ~',Is6UJ~ . ~ &a ;/kL~/dr" ~ ~ I hereby certify that all the above statements are trUe, and I agree and understand that any misstatement of materkl facts roncoined in Ibis a~e fotfeilnte upon my part of any appointment I =y receive. , .~ ... . . . DA;j/C/o.s- p.,:r<I\I=O / L. Note:' This application will remain on file in the City Clerk's Office for a period of2 years fro~~ Ql.t i submitted. It will be the applicant's responsibility toensuie that a current application ,is ,on file. . _I..:.... 0 IL. ' , _ errre~noN MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tiJV] SUBJECT: AGENDA ITEM # '\ '" - REGULAR MEETING OF JUNE 20. 2006 APPOINTMENT TO THE POLICE ADVISORY BOARD DATE: JUNE 16, 2006 Mr. Andrew Luchey has submitted his resignation from the Police Advisory Board effective May 8, 2006. This creates a vacancy for a regular member to serve an unexpired term ending December 13, 2008. 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, 2008. Recommend appointment of one (1) regular member to the Police Advisory Board for an unexpired term ending December 13, 2008. City of Delray Beach Police Advisory Board Exhibit" A" 1. AI-Khafaji, Sinam Minority Resident 2. Amelung, Richard Resident 3. Brodka, Stanley Resident 4. Carter, James Resident 5. Chadam, John Resident 6. Claxton, Wyana Resident 7. DeLyon, Richard Mexican-American Non-Resident 8. Dolan, Donald Resident 9. Dollard, Jason Resident 10. Earley, Walter Haitian Resident 11. Federgreen, Bernard Resident 12. Forrest, Carl Resident 13. Franciosa, Gerald Resident 14. Gold, David Resident 15. Guerrier, Mercatur Resident 16. Hallahan, John Resident 17. Herrera, Jose Hispanic Resident 18. Ingram, Joseph Minoritv Resident 19. lCarirn,Moharnrnad Minoritv Resident 20. lCay, Milton Resident 21. lCing, Jayne 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. Pornpilus, Anax N on-resident!T eacher 28. Prior, Linda Resident 29. Rosen, Ned Resident 30. Sachs, Maria Non-resident! Attorney 31. Shaclanan, lCathy Resident 32. Shell, Robert Resident 33. Swinburn, Carol Resident 34. Weiss, Abbey Resident 35. Winney, Brad Resident Sinam AI-Khafaji Richard Amelung Stanley Brodka J ames Carter John-Michael Chadam Wyana Claxton Richard DeLyon Donald Dolan Jason Dollard Walter Earley Bernard Federgreen Carl Forrest Gerald Franciosa David Gold Mercatur Guerrier John Hallahan Jose Herrera Joseph Ingram Mohammad Karim Milton Kay Jayne King Ellen Major-Hanna POLICE ADVISORY BOARD EXHIBIT "A" Cartographer/Market Planner Business owner Retired/Finance Retired/Pilot Sports Marketing Psychotherapist Retired/Law Enforcement Executive VP Attorney Educator Director of Operations (currently on the Code Enforcement Board and the Neighborhood Advisory Council) Property Management Retired/Law Enforcement (also applying for the Board of Adjustment, Downtown Development Authority, Public Employees Relations Commission, Police and Firefighters Retirement System Board of Trustees, Community Redevelopment Agency, and the Civil Service Board) Attorney Business-CEO Assistant Director of Operations Property Manager Steward/Server Business Owner Sales & Marketing Retired/Educator Administration POLICE ADVISORY BOARD EXHIBIT "A" (continued) Isabel Make Educator Samuel Menard Educator Matthew Monahan Law Enforcement Calvin Paris Business Owner Anax Pompilus Educator Linda Prior Retired/Telecommunications Ned Rosen Retired/Professor/Consultant Maria Sachs Attorney Kathy Shackman Self-employed/loan consultant Robert Shell Retired/Assistant Clerk Magistrate Carol Swinburn Criminal Justice Abbey Weiss Market Development Brad Winney President/CEO 135/08/~006 133:59 5615333858 I~ORPORATE OFFII~E PAGE 13~/13~ ~"'r A.;~;A " ~"" A'ij~ ~A,.~t\. $~' ~;f '@"O'" C" f;;(l~;~ ~r ti"~. '~!\ . 60W1l:'~\ ;<,Ui:,., . '" ,,' {"'. 1, '..I"'t., h "I ' .,'" \ r5 ~ t "'::~ . :~. ::', -:~ '" . .::. ~.~-~: a....... ... . ) Quality in cllerytlting 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 P<.'I,ice Advisory Board lOON.W et Ave Delray Beach fL 33444 Re: Resignation T<.' Whom It May Concem: It is with regret that T resign effective immediately frolll the Police Advisory Board for the City of De hay Beach. I do, however. lament over m.y resignation due.to the sudden illness of my mother and mother-in-law. Due to this occurrence, I believe my contributions wi11 be limited and unfair to the Police Advisory Board, Please accept my apology for this sudden turn of events. Kind Reg::t 4/f' ( aChey G€.\"~O ~ €.. 'Z.\\\\~ V\~'i \\ ~ . ~ C\.~f(\ . C\\'< POLICE ADVISORY BOARD 03/06 TERM EXPIRES NAME & ADDRESS TELEPHONE 12/13/07 L'Tanya Allen Work: 688--4394 Appt 12/13/05 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 Appt 12/13/05 220 NW 7th Street Work: 276-5302 Delray Beach, FL 33444 Cell: 279-6661 Fax: 276-6474 12/13/08 Joshua Bressler Home: 498-9733 Appt 12/13/05 2235 Rabbit Hollowe Circle Work: 912-7030 Dekay Beach, FL 33445 Cell: 917-969-4343 Fax: 912-1747 12/13/07 Joseph Ferrer Home: 276-8085 Appt 12/13/05 1420 N. Swinton Avenue Work: 278-7677 Delray Beach, FL 33444 Cell: 315-2800 Fax: 276-8740 12/13/08 John Jackson Home: 272-9629 Appt 12/13/05 309 NW 7th Avenue Cell: 706-3428 Dekay 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 Delrav 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 chuckhwnholidavor~.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 Appt01/17/oG 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 (Swdent) 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 Dekay Beach, FL 33483 OEtRAy BEACH ~ AlWmeltcaCity , III~! 1993 2001 ;o}';(OJ RECE\VED CITY OF DELRAY BEACH 4 2005 BOARD MEMBER APPLICATIOtiC1' , c:RK C rr'{ CLt.- Please information: 1. Last Name: N. - KHAFAJ I 2. Home Address: 'lI41 \N. c...~5S1CAl. BLv 3. Legal Residence: lVA-\ W. ~>SJC-/)..1-- ~I>. 4. Principal Business Address: J~O I S. ~L.. -H\'J'( I g,,1re- too Name 5lNNv\ M. I. IA City~ State Zip Code ~4i R- 33+t-?' City State Zip Code 1::>~'r-' B~4t FL- 33+f-l3 City State Zip Code 1J~'( ~ fq... 33'fi "3 E-Mail Address: Cell Phone: '5V I. Fax: S l~ 9 'pt:..'1(} .c.ov-.t ~~. 02"8 6. Are yo a regis ered voter? Ye:? If so, where are you registered?~'( ~/J FL 7. What Boudes) are you interested in serving? Please list in order of preference: Business Phone: f;U .~. ---. - 1'04CrE: tl)V~'f '''&'~' :-I~c,liOf4' , Nf;laftB1~OO~ J$VIS42t' WVNl.{L 8.'. ListallCity.Boards on which you arecurrendy serving or have previously served: (please include dates) , . j .: ..e: td.:6fJ '( OF ~y f31n:i.'C11 ~()\4.l? oW)Jf\-z.5~5$;cr&f.m6J.J , q OS" 9. Educational qualifications: 13 ."A.," . IS '~n-re- lq~L- J..4 .$ . e:- ~N tJ#JLV. lq44 10. list any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: Goo c..~;{Z>Gi~~~, tV HA.R~T 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) \JV:!:>J2:-~ Y" l- \ v-e- I'" b ~ t+t t:. J.l J ~ eJ 1C:l ~ oat- [N]) ~}~ ~ 7'UJJ}.JIN~ fi'R'l?'(Z.J~ C{rf, 've-statementsare,true, and Lagree and, understand that-allY misstatement of material factS " cause forfeiture upon my part of any appointment I may receive. r---' , ", ",.... .-,-'-,n!.:~~:~~,>;',;_-~:u:u~-~,DA~-._<~I:~'-- ~~~. . _ _---~~_-~-,'.'-u ~-.~,'. : Note:. nus application will remain on file in the City Clerk's Office for a period of2 years from the date it ~as submitted. It will be the applicant's responsibility to ensure that a,current application is on fue. . ~ m j h """""""'^"""~""'" ,~~~ I Sinam AI-Khafaji, Marketing Cartographer & Market Planner Founding Member Sinam@DavJet.com Cell 561.665.0278 DayJet Corporation 1801 S Federal Hwy, Suite 100 Delray Beach, FL 33484 WORK EXPERIENCE DayJet Corporation - Delray Beach FL Cartographer & Market Planner: December 2002 - present Empower Geographies, Inc. - Des Plaines, IL GIS Sales Engineer: 2/2001 - 11/2002 GIS Project Analyst: 8/99 - 2/2001 Ryerson Tull - Westmont, IL GIS Consultant: 6/1999-7i1999 ICF Information Technology, Inc. - Fairfax, VA GIS Associate: 1/1999 - 6/1999 Economic Research Service, USDA - Washington, D.C. GIS Analyst: 12/1997 - 12/1998 Reuters America - Reston, VA Source Analyst: 12/1995 - 11/1997 Advance Sales: 4/1995 - 12/1995 :EDUCA TION 'George Mason University M.S. - Masters of Science in Geographic and ," ,'C~n1ographicScience(12/1996 -.:o12/199.8} , , 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. ) ot!AA.y BEACH .......... ***** mr 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATIO~ECEIVED SEP ') 2 2005 l/;J~D( Ple:lSe tint the foUowin infomution: 1. Last Name: AMELUNG 2. Home Address: 5053 B"eechwood Road 3. LegU Residence: 5053 Beechwood Road ,4. PtinciJ?al 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 CeU Phone: 573-2145 Fax: 278-3042 6. Are you a registered voter? , Yes If so, where ace you registered? Pa 1m Beach 7. What Board(s) :ue you interested in serving? Ple:l.Se list in order of preference: . · ,'Po11ce Advisory 8. List:ill City B~2!ds on ~ch you 2!e cutrendy serving or have previously served: (Please include dates) Disaster Evaluation/Todd Jackson/PBC Civil D~fenseI981~1982 ) 9. Educatio~qtulifications: Ft.Lauderdale HS 62, Otterbein College BA Economics 66 US Air Force Pilot Trainin ~,67 PBJC Police Academ 78 PBCCCD 81 to. list any related professional certifications and licenses which you hold: Auxil iary' Pol ice Of,f icer" Palm Beach County Civil Defense, Commercial Pilot, Concealed Firearm 11. Give yoU( present, or most recent employer, and p~sition: Auto~ated Fini~hed Products, Inc./Ow~er '12 Describe expe.iiences. skills or knowledge which quality you to serve on this bo~d: (please atucll a brief resume) See Attachments: . , I hereby certify that :ill the above statements are true, and I agree and "understand that any misstatement of material facts . edin. this appli'on' ycause forfeiture upon my part of any appciin~ent I may receive. . . ". September 21, 2005 DALE , I ~ote1 This appliOltion~' remain on ,file in th~, City Clerk's Office for'a period of 2 years from the date it was submitted. It willbe the applicant's responsibility to ensure that a current application is on file.. , S\C1T'(a.BRJ::!.BOARD\Af't'UCATION ,I Palm Beach Junior College Lal~e W orlh, Florida AWARDS THIS CERTIFICATE TO .. RICHARD LAIRD AMELUNG . FOR SATISFACTORILY COMPLETING A COURSE IN I' BASIC STANDARD POLICE AUXILIARY 86. Hours February 7 - Apri 120,1978 lr~:,:J j~~\ ' ~ 'MTRUCTOR Chainman, Law.En orcement Department ~~e.IJ{~ PRESIDENT OARD OF COUNTY COMMISSIONERS PEGGY B. EVATT District No. 1,lake Park KEN SP'LUAS District No.2, West Pa'm Beach DENNIS p, KOEHLER District No.3, South Palm Beach DOROTHY WILKEN District No. .4, Defray Beech Bill BAILEY District No.5, Belle Glade COUNTY ADMINISTRATOR John C. Sansbury Subj~ct: Thru: To: ,.\" B. T. KENNEDY, JR. Director Palm Beach County Civil Defense Emergency Operating Center 3723 Belvedere Road West Palm Beach, Florida 33406 PHONE: 683-0880 Civil Defense /Races I Radio Station WC4AAC NOAA Weather Radio Station KEC.50 (Alt.) PALM BEACH COUNTY CIVIL DEFENSE 6 April 1983 Letter of Commendation and Appreciation Commander 9006th Air Reserve Squadron (ARPC) 730D E. 1st Avenue Denver, Colorado 80280 Captain Richard L. Amelung FV 1125 Vista Del Mar DelrayBeach, Florida 33444 . Captain ,Richard L. Amelung was assigned to duty with Palm 'Beach County Civil Defense for his Active Duty Training during the periOd 21 March - 1 April 1983. He was assigned a project of developing an Emergency Management Resources Document, a file of information which ,is much needed by this agency. Palm Beach County Civil Defense is charged with the responsibility of providing a system for the mitigation, preparedness, response and recovery of our citizens from the adverse effects of a disaster. A major defi- cienc~~ofour agency has been the lack of a comprehen- siveiresource manual, capable of identifying the equip- mentand material and its source, necessary to support the implementation of our contingency plans. ! , (more) April 6, 1983 'Page 2 Captain Amelung has demonstrated an in-depth knowledge of emergency management and public safety functions. Using his own initiative and innovations during his tour with us, he developed the base upon which resource manual can be effectively constructed and which will have lasting value. ~ ~ Because of Captain Amelung's personal character and intellect, he was well received by and ob- tained favorable response from, the many agencies "with whom he had dealings. Because of his mili- tarYcleportment, he reflected a very favorable image of the United States Air Force upon our civilian community. It is respectfully requested that this letter of 'commendation be entered into and become a per- manent part of Captain Amelung's military personnel file. Since.rely, County Civil Defense , BTK:fd STATE OF FLORIDA DEPARfMENT OF VETERAN AND COMMUNITY AFFAIRS DIVISION OF PUBLIC SAFETY PLANNING AND ASSISTANCE BOB GRAHAM Governor JOAN M. HEGGEN Secretary BOB WILKERSON Director May 13, 1982 Captain Richard L. Amelung, USAFR 1125 Vista Del Mar N DelrayBeach,Florida 33444 Dear Captain Arnelung: 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~~ Program. Although you were not selected to be the Regional nominee, you can be proud of having been considered for this honor. Your accomplishments as an Air Force Reservist working with the Disaster Preparedness Agency in Palm Beach County are noteworthy. The Region Selection Committee was very much impressed with your overall record of achievements. Selection was extremely close due to the high caliber of nominees considered. There- fore, nonselection for this coveted position should in no way be construed as a shortcoming and certainly does not detract from your superb performance. Again; congratulations and my grateful appreciation for a job well done. Sincerely, ~~~ Gordon L. Guthrie Chief GLG/NHS/em cc: Palm Beach County CDD BUREAU OF DISASTER PREPAREDNESS 1720 SOUTH GADSDEN STREET. TALLAHASSEE, FLORIDA 32301 (904) 488-1900 c e Boca Raton Police Department CONFIPENTt"AL FRANK P. CAREY, JR. CHIEF OF POLICE March 29, 1983 COMMENDATION Auxiliary Police Officer Richard Amelung, during the past several years, has consistently perfonned his functions in an outstanding manner. \ ,\ I , , " During the past s,everal years I have had the occasion to supervise ,: Amelung irt,allaspects of his ass,ignments. He has donated literally thousands of ,':hour,s';of',serviceto the City of Boca Raton Police Department. His dedication to 'the: conmunity alid to law enforcement is unparallelled. During the beginning of the "Auxiliary PoliCe Officer Pr{)gram, Amelung was selected as supervisor due to his obvious talents ,aQd maturity. He continually offered meaningful input and excellent supervision,everl'\'lhen difficult decisions were necessary regarding selection or tenninatiol1 T,t~er voluntary officers. , '. ',' I ' , ' ',Du, 'ng 19B1 and 1982, Amelung praticipated in seVeral mean-ingful cases ..crlmlns ij f,1 'ln~Qrgan1Zed operatlOns wlthln the Clty of Boca Raton. Most 'recent ,,_eunwar:,ti,cipated in an under-cover operation involving organized gambUng "ar 'a ly aSfaresult of his efforts, the investigation culminated in the~arres:t f s~e~a~ i,ndividuals and the seizure of thOlisands of dollars and :~ehlcles. . -\ t " , ',' " \ 1 ' ,'".Of parti cul 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 trtis'ted,literally, with any and all information regarding investigations that ~e ,parti~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 1 aw enforcement and communi, ty servi ce. I have personally call ed 'upon the ' :'servi~c~s;kof~{\melung, on hundreds' of occassions. He has always responded and has always 'been where eve'r the need calls for. For these reasons, and for more too numerous to list, Auxiliary ,Police Officer Richard Amelung is 'to be commended for his service to law enforcement in general t 'and .'specifically for his dedication and service to the citizens and po 11 ce officers in Boca Ra ton. j . ,/ 4t<c.iflLL/ .If. ~ SERGEANT MICHAEL R. SYKES, SUPERVISOR BUREAU OF INVESTIGATIVE OPERATIONS 100'N rth t s CRIMTNAL INTELLIGENCE UNIT owes econo A:venue Boca Raton. Florida 33432 305 -395-1161 ;;-... , ) ) \ / . . . . . . . . . ~ . . . . . . . CONFrDENTTAL To Whom It May Concern, I The attached letter of convnendation includes information that Should not be published. Specifically~ the reference to Amelung's involvement in a recent gambling investigation should not be made public. That particular investigation is a pending court investigation that has not yet reached the trial level. The commendation, for the same reason as above, could contain many more references to investigations but does not because of the need for confidenti a 1 ity. , Richard Amelung,speaking personally, is a credit to law enforcement, .the community and to the United States Air Force. 5;J..a4cku./l A-S//~(?A Sgt. Michael R. Sykes Boca Raton Police Department OURAY BEACH - , III I! 1993 2001 f/~/I/! 1. CITY OF DELRAY BEACH , , EIVED BOARD MEMBER APPLICA-I1~~ SEPt 0 2005 CITY CLERK 2. M.l. 3. Legal Residence: - AVV\ 4. Principal Business Address: rJlf-1 5. Home Phone: StrL State Zi 2>3 Zip COde City State Zip Code -~5DL Business Phone: tJ1A Cell Phone: Fax: 6. 7. What 8. List all City Boards on which you are currently serving or have previously selVed: (please include dates) ) 9. Educational qualifications: o Go,,", ote: This appliGation 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. !-1t1 -b(/7 'S\CIIYCUlltKIBOARDlAPPUCAl1<m, 9/\llO~ f.V\1.rLOYMfN1 GOAL1', DETEtLV\'\llV)tJ6-- efLOWto110JJAL DP{'o-Jl1ttJJ If(Ef I JL{P((t..V1JfN& AJJ EtEECll vE M1tLTI RI\CtA\.. ~AL(J ("V/LG~ AN~ Mfll(lI,JG- T04Cli Of(,ll)UAlS w t\ vJ T(~V\.t I rJ-.ht) 4>J 6-- Tt'\ oj f CUrl () Co iltL:9 IV oT lrt-t ~A -f (An.. ~ (A P III Thf; rrAAJ'OIlIl.9 J K..Eqv\llLt)) 'By IAE O/LtAJJIC/jTIV.AJ. 14 MIA C 1\ () '" \' ."'1 (JIIU,{:lL I NA v E HA 9 me; 0 P ('Oil,"! N " 1'1 A~1I9 IAtA^1 R-AG14 L f'l'Nj lTIuny TfUJIN)1JG-- SOl/oN) f\t-JI) VIA.\ tv 011-1'7 !2.Et/l-LqTl N G- SEAtj I ,JAil. 5. r 1? E.L lEu E I HAv( D t U H.o f tJ.> /IN l-\.AY.J (;11. hANg (IV &- 11 IJ!) Sf. Nf ITI v I TJ n Wlo l<ttwn (... <..t1f.9 ~ 1..L(,JT1 iM1 of 12.A4A l EQUlll!,,! AN.:!> 1tl~ IN r1EfLENI Ct1J1ll.AN 6EJ AN9 ~/l L/l-NC IN 6- A LT AIJ ) O'l~I\JJ\1:fll1l)vJ ltKb 1I-If {lOLl Lt D bfNl1Y'1~NT (^LEJ O/J A VA'L-j !3.A;fI.!, 8f~~ ) ."..1 DB..RAY B'EACH . .. . c , . A. ***** 1fP-j~ CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATIO'1EP 1 ~ 2005 , CITY CLERK mr 1993 2001 2. information: 1. /]/vJ Nam~/J1 E-S Citrpt;!jl/f BEltch City 5'/lM C MI. 3. Legal Residence: State ?L State ~~~ Zip Code 4. Principal Business Address: .----- City .--- State Zip Code --- 5. Home Phone: 2.?l~ / 3"~O Business Phone: E-Mail Address: Cell Phone: 6. Are you a .registered voter? If so, where are you regist 7. . Please list in order of preference: 8. '3 b f!...s I hereby certify that all the above statements are tme, and I agree and understand that any misstatement of material facts oonlMnoo in tOO apPIia~ fodciture upon my part ohny appointment I "':;;;;'; 0'; SIGNA ' DATE I / I _ .{'lote. This application will remain 011 file in the' City Clerk's Office for a period of 2 years from the date it was submitted It willbe the applicant's responsibility to ensure that a current application is on file.. , SlCITYa.I!R.K.\BOARDIAPPUCATION DRRAY BEACH 'IOI40A * * * * * ILJ/~!07 REGE\VED CITY OF DELRAY BEACH OC1 - 6 2005 BOARD MEMBER APPLICATIO\N'f CLERK AU ..11 ntcaClly , lilt! 1993 2001 Please e or' rint the follo' information: 1. LastName: CHAbftM 2. Home Address:2:r?o W;Nb c..T. 3. Legal Residence: c;l\M~ 4. Principal Business Address: Name Jo N - Mi CffAet. City ~~'{ 8eI1C ~ City lu~(0 State fL State MoL M.' ~~ Zip Code City State Zip Code 10;0 S. ~At..- ~Qw1r" -<<;.)($ l>GLm~ .{:i. B3~3 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: , f;/,l. 41't.14~3 ~61. gbo .13'2 '. /{(/k.cUA~~ 'L.~ 6. Are you a registered voter? V If so, where e you registered? DC! 0 Jr.) ~ lee.. ~\1, p~ 7. What Bo:i.td(s) are you interested in serving? Please list in order of preference: ,fbLicE,AbviSOf'l t;o~" 8. List allCiiy ':BOaids on whiCh you are currendy serving or have previously served: (please include dates) " ) --)JOJ-,\E ~i~l:SW R.e;ll>~T ~l()r;J, 9. Educational quaIifications: W t>J\\J. 0 i CJt-G10 ~A CM ,~- u.cLA - U03 10. List any related professional certifications and licenses which you hold: - ,; or 1~<;~hJu; W~~ Ce2T\F- l>i~€i:-1VR- UClJ\-'f P"'i?Eero~S 1RA1 tJi~ fZ.5It-t. ~ ,T1? tiC-I 11-. Give, your present, or mosttecent employer, and position: , . 'Re;rbciJTs A-U ~~y) lq~q SPotJ$O il> ~ec~rriv'e - nf6 A-nflETe$ A-6 /tJTMJJJIr1loNA-f,. 51>0 IS MIaG} 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach' a brief resume) ~caJr: A-~~ 1() f(})f~ f\t;irit/e ON51lM iv ~<<oNS (iJ ~ 'ielClt wint POU~ ciTi r, f~1= MQ\lE;eJt. (l;QI> US A1J GEttS MEA ~1Y :tOl,rrs' 'Ci TRroPS). I hereby certify that all the abOve statements are trUe, and I agree anduiide.rst2iid that any nliSstitement of material facts con. - ed ~ t(j;;J:: CAuse. fotltiwreUPOO lnypm of oaY 2p~inttn~'j;ikT SIG ' "DAlE-' ., ) Note: This application will remaiti on file in th~ City aerIes Office for a periOd of 2 years from the date it was submitted. It will be the appIicanfsrespow>ibility to ensure that a current application is on file. c/-fY1 Qt1 ... . . ~ DELRAY BEACH ~, ;IiP! 1993 2001 1!/~t;J CITY OF DELRAY BEAQlECEIVED , " ,BOARD MEMBER APPLICA~N 6 2005 CITY CLERK ...r".,~, ( ) iO.formatio~ 1. Name MoL CCA {<TON 2. Ho~e AddressdS 25 l ~ ( \J J 3. Legal Residence; :#- 13 3 City City 4. Principal Business Address: -S .",~A ~.. City State Zip Code 7. What E-Mail Address: 5. - Home Phone: Business Phone: J-1z,. 3 'Cfcf 6. 9 .( ,) \., 9. EdticatioaalquaIificatioos: .'. .'.. . hold; 12. Describe experiences> skills or knowledge which qualify you to serve On this board: (please attach a brief J:eSume) " I hereby' certify tha~ aU the above statements are true, and I agree and understand that any misstatement of material facts nt2ined in this application use fottclture upon my part of any appointment I may receive. /t:J-<f-OS 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 appUcant's responsibility to ensure that a current application is on file. , S\CITYCl.EIOOIIOARI>\TIJN .):. dJ 5) 7 Wyana Claxton, LMFr Profile Twenty years of extensive profrssiotud experience as a psychotherapist, counseling individuals, couples, and groups from diversified detfWgraphics and environments. Notable speaker and lecturer on facilitating 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 Experience PSYCHOTIIERAPY 2003 - Present Psychotherapist. Multilingual Psychotherapy Center, Ine. Provide therapeutic interventions in office or on-site to children, families or adults of the assigned caseload. 2004 - Present Psychotherapist. St. Mary's Child Development Center, Ine. Provide services to referred children. adults and families in office or on-site. Education 1986 M.A. - Counseling Psychology. Pepperdine University - Irvine, CA GP A: 4.0. ....... i I . ,.. Honors & Activities .:. 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 P!llm Beach County 15th Judicial Circuit .:. Operated successful Oaxton Counseling Center offices in Santa Ana and Mission Viejo, CA, supervising a staff of nine and teaching eight weekly men and women's Batterersl Intervention classes. .:. Experienced Red Cross disaster mental health worker. References Alicia B. Pajares Vice President of Operations, Multilingual Psychotherapy Center, Inc. Rochelle Reynhout Coordinator, Sl Mary's Child Development Center, Inc. Personal Information 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@be1Isouth.net \ .J DHRAY BEACH . .. 0 <<; . . A. wr 1993 2001 'l/~101 CITY OF DELRAY BEACH 7' BOARD MEMBER APPLICATldPFCE\VED SEP ? n 2005 CITY CLERK ***** Please rint the followin information: 1. LastName: DeLyon 2. Home Address; 7673-A Lexington Club Boulevard 3. Legal Residence: Same 4. Principal Business Address: N/A Name MI. Richard E. City State Zip Code Delray Beach FL 33446 City State Zip Code City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: Ava il . (561) 638-1452 6. Axe you a registered voter? RDeLyon@aol.com, (561) 251-7937 If so, w4ere are you registered? Yes Fl2liow" K 7. What Board(s) are you interested in serving? Please list in order of preference: POLICE ADVISORY BOARD . 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) , ': 9. Educational qualifications: SeeAHached 10. List any related professional certifications and licenses which you hold: See Attached, 11. Give your present, or most recent etllployer, and position: , See Attached - '12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) See Attached' I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contain ill this appli tion IDa use forfeiture upon my part of any appointment I may receive. . 9,- /s- <<r S:f NAlURE DATE ) - " Note: This application will tetn.ain on file in the' City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current applicat:ioll is on file. SlClTYa.I!RDBOAllD\APruCATION ) 7673-A Lexington Club Blvd. Delray Beach, Florida 33446 September 15~ 2005 Ms. Venice Cobb Police Advisory Board Liaison City ofDelray Beach 100 N.W. 1st Avenue Delray Beach~ Florida 33444 Dear Ms. Cobb: Let me introduce myself: I am Richard E. DeLyon, electorate of the State of Florida and the City of Delray Beach. Currently retired, I have lived in Delray Beach since the year of my retirement, 2000. . :~J I A second-generation Me:acan..American, I ~eJ:Ved for thirty-three years in law enforcement, rising through the fanks from patrolman (1965) to Chief (1992). As you peruse my credentials, you will see that I present a broad base of experience in police issues, as well as legislative and labor initiatives. It is my hope that such "hands on" knowledge of community commitment, working in concert with City government, would contribute substantially to the achievement of the Police Advisory Board's objectives. Presently, I am working with S~aron L'Herro~, Program Manager of The Dekay Beach Weed and SeediDitiative, as a voltmteergrant consultant. I look fOlWard to meeting with the appointing authority for the Advisory , Bpard and discussing how I may best be of service to our community. Richard E. DeLyon ) Enclosures 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 QUALIF1ERS LegaH Investigation Funding! Programming · Skilled as an expert wiOless 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 support. Legislation! Labor Issues . 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 ill euforcing union contracts and negotiating resolutions to grievances. . Vast knowledge of labor relations including associated state/federal requirements. EXPERIENCE CITY OF PAwruCKEr - 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 organ.i+ation..<;' ongoing .financial perfonnance. . Established. Police. Department as the most efficient throughout the Northeast region.' . Directed grant development including identifying well-aligned grant opportunities and managing applications process, ultimately securing $6M in federal grants. . Mobilized interagency planning, logistics management. creative finanCing, and tactical operations to capture funds from drug-related seizures and forfeitures. Program Development: Traffic Program (PARE.): · 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 and frequency of traffic fatalities. RICHARD E. DEL YON Page 2 EXPERIENCE CITY OF PAWfUCKET - (Cont.) Program Development: 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 HUn 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. 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!freasurer 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; DETECTIVELJEUTENANT, 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 .T~MOWgy .~W~Smty . Hate-Crime Response . Program Design · ~blic Housing . Negotiation · Collective Bargaining . Mediation HONORS . Invited to serve as a Consultant by the National Institute of Justice (NIl) - 1997 . Testified before Commission on Civil Rights on Bigotry & Violence, Chaired by Senator Shoales (Senate Hearing Remarks published in Washington) MILITARY AFFILIATIONS U.S. NAVY - Honorable Discharge (1961-68) · 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 Chief's Association . Commissioned Police Officers Assn. of RI PROFESSIONAL REFERENCES A V AILABLE ON REQUEST ~I ~~ ,uu~ ~~.~u I n...... A.,UU-J 11'- I 1 Il.....ft.U.l ~~O~OO~JO~~ 'r.v~'v~ roiC 1993 2001 Ee, "2005 . CITY OF DELRAY BEACtf !TV ra r: 'll BOARD MEMBER APPLICATlc,'N' \...LL.~~d~ 1cJj; 1 /07 ......**. OELRA,Y BEACH . I Ie-, . .. .. 1. Name Smte 2. Home Address: ~660':West learbrook Cr. 3. LesaJ Residence: 660 We ~ Clearbrook Cr. 4. PriDcipal BJ,1siness Address: Donald City De Ot}'" D Oty 5730 Corporate Way, Sui~e 110 West Palm Beach S. Home Phone: Business Phone: E-Mail Address: Cell Phone: FL 33407 Fa..'t": 561-265-3937 561-683-8833 6. Axe you a. regisretcd voter? . pacif@bellsouth.ne~ 561- If so, where are you registered.? ' , 1580 561-6 3-9633 7. What Board(s) :lee you ina:rcsteCl in serving? Please list in order ofprefCtcnce: 8. Use:uJ City BOlU'ds on which you are currently sorvicg or h:tve.p~ol1s1y served: (please lnclud< dates) . ,) ! 9. EducatioDJU qu~ficapans: 10. Un any related professional (!ercifica.tions and licenses which you hold: em er ternationa1 Foundation of Em 10 ee .Benefi't Plans. Pas~ member of American 11.- Give;your present. or most recent employer. and position: Plumbin & A C COQ'trac'tors Industry Fund ration Associ ~ion. ecu ive Director 12. Describe experiences, dcilJs or knOl'ledgc whjch qualify you to serve: on this boud: (p1ea.se:l'Lt~ ab.cief resume) Twen't ears a .Trustee (Chitirman) for Health & Welfa:r and Pe sian Fund in excess of 90 Million dollars. , - ~fy cbat ~l the above sta.tem~ts:lrC trUe, and I agree Gnd undersmnd that 2111 missmcane t of materia.I facts in this appllcaaor. cause forfeiture upon my part of any appointment I ltU.y recd~.' ' September l , 2005 bATE .1'lore: nus :tpplic:ation will remain on file in the City Qerk's Office for a period of 2 Y!W.rs fr the date it' was ' ! submitted. It will be the $lppliC\1nt's respo.nSibwty to ensW'e that Q currc.ot appliea.tlon 1 on file. OICrtY~At.PWruc...'nClli ,LrnqJ 1 "IA'.'-18-2lJlJb 12:-lb PH( I IIRISTR' I' FUt III 151511583'%33 P.lJ202 Donald R. Dolan is a resident of Delray Beach as he is the Executive Vice President of the PLUMBING AND AIR CONDmONING CONTRACTORS INDUSTRY FUND, INC. with over 20 years of mechanical association expertise including labor negotiations, educational programs, public relations, and seminars. He also has over 20 years experience as a Trustee for the Health and Welfare and Pension Trusts. Mr. Dolan received his B.B.A. degree from the University of MiamI. He was an arbitrator for the American Arbitration Association, and a past member of the International Foundation of Employee Benefit Plans Board of Directors. 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 oBiAY BEACH ..,....... ***** mr - 1993 " 2001 _ / IJfJ3/l:J1 RECE(VED CITY OF DELRAY BEACH 005 BOARD MEMBER APPLICATIOif1 1 3 2 CiTY CLERK Please infor.trultion: L Last Name.: Do Natue~ M. I. i) l. Home Address; 11-31 C~l.IeA V &Il,ll State Zip Code ~5 Nl- 5~ ^,It f'l.. 73'1J'3 3. Legal Residence: City State Zip Code {SA'Ilil As A ,4. Principal, Business Address: City State ZiJ? Code 3D\ W. ATlAtJec AVtN~t Surf! #0-( 5. Home Phone: 'Business Phone: fJ{-f.-I<A '/ BeAc~ E-Mm Address: Cell Phone: FL 33r'l'l Fax: ~I :2 l{7 %1 lCf-5'1ot t\1 (xJ 6(J1/-b1Jt 15fdY/1 ?lid? 6. he you a registered voter? It If so, where ate you registered? IJ /~ ' , I Al-{Y) 7. Wlu.t Board(s) ace you interested in serving? PLease list in order of p[ef~ence: (j) (;.. AV~SOl2~ oMD@ ~muN!TY RtVWtlClflYJtNr AcA CY tF-ItU fjl)urttU Ri . S~ 8. List all City Boards on which you aCe cunendy serving or: have pr:eviousLy served: (pLease include dates) , ',. f\hk. . 9. EdUC2.tio~aL qualifications: , B.s, : f:tf('ft-~ IZsn-l J:D. ; 5Nf:: (1 LA. CBvTtR...-.NO'. ..5'I.W-1~' 10. List any :related professional certifications and licenses which you hold: J\bJJ L . , 11. Give yow; present, or most recent eniployer, and p~sirio~ ~I.CJ r. N(: - vJ Off.ra1 orJ,wIJ,) fiAJU-A((iJ ~.. ' '12 D~cribe experiences, skills or knowledge'which quilify you to serve an this hoard: (please attach a brief tesume) -#4 , I her:eby certify that all the a1;>ove statements are true, and I agr:ee and under:stand that any misstatement of ma~ facts contained - . p C2. 'on may cause forfeiture upon my part of any appointment I mayeeceive. / ' / 10//316 DA.TE / Note.: This application \Vill remain on file in the' City Clerk's Office foe 2.pe.t:iod of 2 'yea.rs from the date it was submitted. It wiil-be the applicant's tespopSibility to efisme' that acun:ent application is on file. ' ' , sv:;nyQ.l!aK\BO.AIlIY\AfflICAUON IJII.RAV BEACH ~ M~uUClr "UI! 1993 2001 9//tftl7 RECEIVED CITY OF DELRAY BEACH OCT 1 0 2005 BOARD MEMBER APPLICAT~~ CLERK ) Please rint the folIo information: 1. Last Name: CA ~ 2. Home Address: :5 c:::> W 3. Legal Residence: SA-ne ~ ~oYC 4. Principal Business Address: Lt~ State ~L State M.l. -:r- Zip Code 3 syyr Zip Code Name ~ /ft:;rc:k- Ci City State Zip Code - 5. Home Phone: Business Phone: E~Mail Address: Cell Phone: Fax: W:k:" IVarce-"ri fI' s-6J. 2("/- /77 If so, where are you registered? ~<:. IJ c.: -#" &>/.3 7. What Board(s) are you interested m serving? Please list in order of preference: r= YZ'ZI 6. Are you a registered voter? (- Ytr- ,/z2! ?O~/eC:"' I/ISo ~,,~ 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) ) _ ;It,FS , U /..Jlv, ,aItt. L. A..}> """ IJ I S'f1(.,t K- cn't"A.. v IS, "- e--" 11. Give your present, or most recent employer, and position: .s; 1'..' VtJ " t/c.").J V<!?" - ~c.vsv/~ // 7~z. a brief resume) ~~ ~~~ - ;V;,v.:!:-z.. dN ~ / /tI ar - U t.. a... ~ I hCreby certify that' the above statements are true, and I agree and undetstahd that any misstatement of material blCts contained iO . application may caus forfeiture upon my part of any appointment I may receive. --:~ rr DATE ) Note: This application will remain on me 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'CITYCLER~ARDIAPPLICATJ)N oL/YJ {; 1 .--- "; ~~~~ /90'7 - / ~;: / /9~-z- /~~~ /?~f' - /?.Pt: r/. S. dd~r------'---'----'--'---'-'-----'- ,-- S.o.JJ'7 ~~c.k';d~,.,.-?; ~/..,." " ~:~S~:X{~j~g~I1~f~~;;. ~ c~~ '(-c.. S~_ $&#,k:,. " , , "..-- . b/57k-t'~- Ui!.C6~K.~c:'k-! 7f~ .. t!~AJC-(;d;l C- - ._.h,!_~_~~;uvC"_._____:,. " 5*~c.. - ffiC-:TJ~/~_._._J!L~~._:___",.: .',. '., '. . __ '" ~ :',::~'",,~;;,:':,":~c';:":":":c.:;'.-_'-' . /2677~ -L<:L-._I.L~--~ -~._.~&L~~;f~(~ft~f;~~~~iJ~~:~;~;f~j ~_ c 1--'/-2..J?-~--K'L~~I'!>~ r:..!._~K~_.~~~~_.LZZ:..LlM__ " . L~oL - VIce- t<J~l'bO-1r; .s~,(L.. CtIIfK~_'" 1'~d.>Jr- PA:.e'o/~t:XfT" 8~AL~H-t!'~ /77 ~Lf_ /9~- /?9.r . /99r - /??7 - :2Inro - 20<1 2- , " I J --' . , " " , . .. . - - - ~1~~~~~:}~~{~~f~~f=~~~_ .. ..... ~ . . ...:......:........... . . .::. . .'~ .. - :.:. . . . . -.' .... ..- .......... .:.....':-:... . - . , , ~tt{i~~~~~1~;M~~~~{~~i~= . .'. .,) ***** /rlq~ DRRAY BEACH . .. . c. . . .... All-AnlericaCity ""I! , 1993 2001 CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATION OCT 1 4 2005 CITY CLERK ) information: l/E State Hi State f=i-r State M. I. ....-.- "J ?4> Code 33 Zip Code 33JCW ZiJ? Code EGiV AVE" .- ~ ~ ..- 5. Home Phone: Business Phone: !;;/PU;333, 6. Me you a registered voter? - E-Mail Address: Cell Phone: ~IY' (J 39 fl>Fw-t> Fax: 7. ..---. K to. List any related ptofessio~ certifications and licenses which you hold: ~ 1 t. Give yow; ~resent, 0 fJtJM:'" ~M tJf? L);/e/{ /tv L'~ '12 Describe experiences, skills or knowledge 'which qUJilify you to serve on this board: (please att2.ch a brief resume) /f 1!!hJ8t!J tt:7j? t/A-/l s a~ --' the aJ.x>ve statements are ttue, and I agree and understand that any misstatement of material facts Illay cause forfeiture upon my part of any appointment I riuty receive. , . @ / t7fL6ZitN ~ DATE I' " ~l ,( ote: This application willrenwu on file'in the,CityCletYs Office for a periodof2 years from the date it waS submitted It will,be the applicant's responsibility to ensure that a current application is on file. ',' S\CITY~ARtMPrUCAnON ' ~U~L(~~~~ LO;~~ :::JOL(:::JO~O~.c fYl~oc.LL.H ~ : (~~167 ArrrJ '. no ~,JA () q..., L U '- A DURAY BEACH . .. 0 . I". . .' * * * ... * ;qre 1993 2001 RECE~VED CITY OF DELRAY BEACHi BOARD MEMBER APPLICATI~~ 1 It 2005 ; CITY CLERK Please: e or tint the fono infonna.tion: 1. LastNune:Fo R €S T 2. ~/~O^d~:Ere uJ 00t) 'B LV 0 3. Legal Residence: S/J(Y}rc 4. Princip'al Business Address: m~E:,.I...Lr4 C" o)JDa~JtJ,lJ W\ AJJ(;). It-JL ~5~ S D~AN '13LV 0 5. Home Phone: Business Phone: CityD City Name .. ; City BOCA KAn,J State Zip Code J:'L 33L132. E-Mail Address: Fax: I - J/9i -lf91 j.JT'T 7. '" 8. List:ill aty Boards 00 which you arc Currently setVing or have: previously served: (please include dates) \ -' 9. U AJ} v{,{ 7So~ 1'1\11 ~ . i {.: 'MS PblLr^ J , ; L /YJ A,J Af1.(JL , ,A Note: This application will remain on file in the City Qcrk'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 6le. , S'ICl1YCLIllIK'^RDlAI'l"UC\TTOJII ~~/L!/L~~O !~:Lq Ob! IOtl.:ltl,:fL MAt<tll:.LLA t-'A(:iI:, ~:l " Carl J. Forrest 'j 3140 Sherwood Blvd. Defray Beach, FL 33445 561~49B-507B PERSONAL INFORMATION BACKGROUND .1.( PROPERTY MANAGER: (20 years) I have been a property manager for over twenty years, having to deal with many situations dealing with people. problems, and unusual situations. With a strong background of prob~rm solving by dev,eloping solutions and alternative answers to both difficult and normal situations.: PALM BEACH COUNTY JUVlNILE JUSTICE BOARD: ( 3 years) Evaluated juveniles who committed misdemeanors and felo'nies (first time offenders) and worked to get young people onto the correct track of life. by reviewing the crime whiCh was CQrnmitted 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 protib::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-Officer": ( a functioning police officer with full police powers. but only on a part time basis, less than: 30 hours per week) My 'background as a police officer gives me the insight into how an officer thinksuylder stressful conditions and at the same time allows me to underStand the public reaction to many situatJQns. MASSACHUSETTS ARMY NATIONAL GUARD 26TH DIVISION: Served In both the Infantry and the Military Pollee branches of service as an enl,isted man and an officer. This training gave me the ability to follow orders, deal with numerous life and d~ath situations and to act , , l out and follow defined plans of action. : : i: , . 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 busine~ses in excess of thirty years, I feel that I am welf qualified to reside on the Police Advisory Board and to work with and help develop excellent techniques and procedures for the Delray Beach Police Dep$rtment, which will help to develop excellent community relations and good understanding between the De!ray Beach residents and the police force. < '\ ! Ut'l GER-SHlI FH:~: 110. Sf. 1 ~6607-t6 1993 2()OI Sep. 1":>:>c1115 10: 300'1 p~ - --- 9/.7/07 €.\\JE.O CITY OF DELRAY BEACH ,R€.C "5 BOARD MEMBER APPLlCATION..;(\' \1 '!\\Il '1- ~ C\..~~ C\ \ \ OElRAY BEACH . . .~ ... . .~ ~ ........,.. All-AmerIca ctly " II'! 2. Home Adch:ess: inforuu6on: 1. M.}:- J--..? , 3, Legal R<.:sidencc: J~/W~ 4. Prindpa1 Business Address: ~ ~.o City Srare Zip Code 5. Hom<= Phone: ~bi L~t 060% 7. \tll:<t BOll.rd(~) arc y<)u intcre$t Business Phone: 1/f E-Mail Addre:;s: Fax: d./-l(( -C'~ . 6, k'e you a n-gis(ered vo(er? . J s"-Tving? Please list in otdcJ:" of ptefcrc:oce: loL/;;.E /J/i/ifu,.e (J~ 8, List all City B...,Yards on which you are CUITcod sC[V'lng or have previQusly s~Lved; (pl=?C include dates) ) i-.-.-_.___.___.. I 9~ E~UCariou:a1 qu~litlcarioIlS: ~ ~ .-wrT~ to. List any related professional c.ertifications and licenscswruch yon hold: - 56t" /f'l"r /1-c #is']} Rc-:r~ hf ~ 11. Gitrc your p.rese:n r, or most recent employer, and position: [2. Describe experiences. skills or. knowledge which qualify you to serve on chis boal:d: (Please attach a brid ro;ume) l>..TO(C: I I .. I hacbv ('c,lTif\, r all rl1, :ab"v,- :;rarcm<:lJ[S Uc tLu.e, and I <<grec auJ uude1:stand th any misstll.te.me:nt of mat<<w fact~ a" plication may Cause forfeit:uJ.-o:: upon my pa.t.1: of ;l11Y <tppointm I may receive. . 0: ~O~ 'canon will remain on file in die City Qed's Office for a period of2 years nom the date it ~-as d. It will be the applicant's rcsponsibilicy t:o ensu.re that: a cun:en( ~pp]jcaciOIl is on file. s..c:rn:CL8<K.\BCMa(>l..'U'I>lJCAl"l'.... QI C,EP--:.HII FH:<: 110. 56126607-l6 Scp. 12 2005 10: 31Hr'l P3 Gerald Peter Franciosa 939 Eve Street Delray Beach, FL 33483 Home phone number: 561-266-0608 Cell number: 561-716-7355 Fax number. 561-266-0746 Enlllil.i..fnmeiosl\4delray@aoLcom ("~0l~n2!~aol.com QlIALfFICATIONS: Over 35 years of investigative experience, SEQUENCE OF EMPLOYMENT 1965-2000 FALL 1965 {MARCH 1970-Licensed Private Investigator, City of New York, self-employed li~ensed l>rivate investigator also licensed to car,ry a firearm. MARCH 197o-JUL Y 1973-U.S. Customs Agen4 assigned to the U.S. Customs New York City office. ) , JULY 1973-JANlJARY 1998-Special Agent with the' Drug Enforcement Administration, with Sl)ecial assignments to US State Department. JANUARY1998-JUL Y 2000-Private Investi1!ato." Self employed FloridalNew York licensed plivate investigator working on a myriad of investigations. JULY 2oot-FULL Y RETIED SYNOPSIS: I graduated college and received a degree in accounting and economics'-I was hired in ] 970 as a special agent of the U.S. Customs Bureau, Department of the Treasury. During my tenure as a Customs agent I conducted a mydad of investigations ranging from backg.-ound investigations, Customs fraud, sm uggJing, intel-na} inve.stigations of Customs employees and narcotic fuvestigations. I was also involved in training new personnel. In July 1973, a Presidential decreed established the Drug Enforcement Administration (DEA) to combat (;rganized crime and narcotic tl"afficking. I was at ) j ,'(.'J CiER--=;H i FH:X: flO. 5612660746 Sep. 12 2005 10: 32Ar'J 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 s()ecial agent. J remaine..d officially with .D.EA until my retirement in 1998. During my teuure. I conducted mayor investigations ioto criminal enterprises involving organized crime, high profIle narcotic violators, money laundering, and fraud. I also conducted internal, background, and asset forfeitul-e investigations.. I was involved with the training of several foreign I,o(ice agencies in areas of investigative techniques, interrogations, firear-ms tra,ining, use of force and establishing police policy consistent with their foreign govel.D,ment laws and r:egulations. A \VARDS l have received over 40 awards during my career from various lTS l"ederal agendes, including the 1983 Attorney Generals Award for distinguished service. I bave received over 30 awards from foreign government agencies and over 2S awards f,.om various St~te agencies. AREAS OF SERVICE T served the Hnited States Government as follows: 1970-1984 New York as a special agent, 1 984-l988 Rome, Italy as an assistant Country Attache, 1988-1992 at Boston, MA. as a supervisory special agent, 1992-1997 at Curacao, Netherlands. Antilles as a Country Attache, 1998-retirement at the DEA Headquarters, Washington D.C. \ j INVESTIGATIVE TRAINING: During my investigative career with the Federal Govea-nment,. I received numerous trainiog.in investigative procedur.es. I attended the Department of the Treasury, law enforcement training facility in Washington, D.C. and the Department of .Justice Special Agent lAw enfo,-cement training facility at the Marine ba~e in Quantico, Virginia. I also received 'IUmerous othea' investigative training during my Federal Law Enforcement Cal"eer. EDUCATION: I received a degree from tbe City College of New York, majoring in accounting and economics. BIOGRAPmCAL DATA: DPOB: Octobcl- 25,1943, Bronx, New York I have resided in Delcay Beach since 1999. I am married to Sandi since 1963; we have three children and two grandchildren. ' ' J DElRAY BEACH ~ All nn.....Cily , , III! 1993 2001 ~/DJ CITY OF DELRAY BEACH BOARD'MEMBER APPLICATIOff'=CEIVED SEP 2 0 2005 Please e or rintthe follo infonnation: ' 1. Last Name: /V " (50 LD 2. Home Address: / ~ <17 D u~f; /)y-;,,~ 3. Legal Residence: S a vi-( ~ 4. Principal Business Address: .s- .;L'rs- 70w rl ~{!~v ~ oa.al, S ~'d-e Lo(, &q<:.lt 1-1 State Zip Code L 33Y~3 State Zip Code State Zip Code FL. 3.5' $I ~ (. City ~~~~ 5. Home Phone: Business Phone: E-Mail Address: 'Cell Phone: Fax: s-C:./. Y~b'd-/(.s 5b1-~7't-6t'~3 5Yo1- o/I'c.-oltfi;). oI[joldfitjclcl(Qt.bSclJ.u, . ,5bbS7s'''ObY ,""",,. 0.7)1-7 'i-7 6. Are you a registered voter? cJ If so where are you registered? les '''- \,O\C 0..,0 7. What Board(s) are IOU interested in.,.s.,erving? Please list in order of preference: ?ol i'c,lt. It ltca' ~Q vd , , 8. List ail City Bo~ on which you are cUrrently' sening ~~ 11a~ preVioUsly served:. (pleas.e inclu4e da~es), , . drl~ " . " '" " ) , , 9. Educational qualifications: . D. W4",+l-t~o~~ 9~I.Y___o~ DATE ; Note: This application will remain on file in th~ City,Cl~s Office .for 3epeciod ()f2 ~~ ~o~.tl1e date it was ') , ':, : submitted: It will he the applicatiesrespoiisibilit}r to ensure-tfutta Olrrentapplitation is oil 6l~ '..,. " , S'CIYCL.I!lUaIlOt\RI'I1ON, ~ In 5"1\1 h 4()&- DRRAY BEACH . .. 0 C . . .. ***** wr 1993 2001 - C 1, . Ac!-ff;, Id> CITY OF DELRAY BEACH'R.E.Cc..~'\TP rc BOARD MEMBER APPLICATIClf<< ' ~\ 1\\\\fl ..., lC 'fA.. ~ .... rr"f l,.; \". ~ . tI . Please rint the followin information: 1. Last Name: 2. Home Address: / 3. Legal Residence: Name MI. r 3 4. 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: s- /~ 6/', & .s- 6. Are you a registered voter? <:;;'t '--cZ...- t-- 7. What Board(s) are you interested in serving? Please list in order of preference: 230 8. List all City Boards on which you are cw:rendy serving or have previously served: (please include dates) 9. 11. Give your present, or most recent employer, and position: CA:e ~ 0 . . 12 Describe exp . ences, skills or knowledge whiCh qualify you to serve on this board: (please attach a brief resume) fl? SIGNA " O'T /11 ?--/o C. DATE / ,I ote: '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 CUttent application is on file. , S'QTYC1.BRX\IlOARDIAPPLlCATION 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 enviromnent that will allow for personal growth and career advancement. Education: Florida Metropolitan University Major: Business Management (Retail) Minor: Marketing Overall GPA: (3.55) Florida Atlantic University Especial 'Business courses Experience: 99 Cent Stuff Department Store. 2005 - Present Senior Store Director (Big Box Supermarket) Increased sales volume by 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 service, and all facets of running a department store. i ../ Money Comer, 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 frnancial 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 for the customers driving sales whi1e"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 & Services 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 service and interact with customers on a personal level providing exemplary customer , service. Prepared bids, manage contract files and documentation, currently servicing Broward and Palm . I;leach County ;i OB..RAY BEACH ~ II All...kACily 'IIII! 1993 2001 RECEIVED CITY OF DELRAY BEACH OCT 1 f 2005 BOARD MEMBER APPLICATIO~lTY C~RK IOIIIt7J Please e or rint the foUo 1. ~tName: HALL A~l 2. ~i~Ad~~x-Po It-.JTE C If~CLt:= 3. Legal Residence: SAMb 4. Principal Business Address: Name .J6l4~ M.L~ City, S~L Zi Code 33&\6 City State Zip Code SAME " II City State Zip Code I( II 5A.WlE SAM~ 5. Home Phone: Business Phone: E-Mail Address: ./::) .Cell Phone: .::oJ ~~(-\ ~ 044-5 ~ G,3B-,5c.8o 5N-.A~ aE:LLSooT\-\,~ET - 6. Are you a registered voter? "E;: 5 If so. where are you registered? PALM 7. What Board(s) are you interested in serving? Please list in order of preference: Fax: BEAe.H :P~L(CE A.DY~So~ ~ B-o A@ 8. list all City Boards on which you are currendy serving or have previously served: (please include dates) N()NE- ) 9. ~r~~~~~~oLI~~E ;f.E])lJ~,""\D~ BS. "-^AQ{i(ETt\.-\c: MBA MS\c!g~ - OR6AMl"lA\lONAL :R:s'l~YDLO{1'1\2EN.EWi\L to. List any related professional certifications and licenses which you hold: PQ.o~E:5:5 \oN.AL E~\Wf;EQ.'" MEC\-\At-<<QAL ~LA. PE P5~tq 11. Give your present, or most recent employer, and position: P R. 56l---{ &~PcR 1"'\6t-i- As-sr l(2.EG\6~ of=" O~'\lat-.t~ f="e5.2D05 12 Descnbe experiences, skills or knowledge which qualify you to serve on this board: (please attach a b . ef res e) o (JE EAQS o~ tJW.JA. EN'\EN, ~\Et--\-eG= My MS EDoCAT\ON MEM58Z. of MAw,! 136AtZOS Ot-.1 CJ6tAMut-.l\'\Y ANn STArr L(::'/E L ~ A t::"AMlL" (-{EA-VlLYt f-.{ \fOL-\f@ 1M LAW Et-(H;Qf€"M ,.- . I hereby ~ that all. the above statements are true, and I agree and understand that any misstatement of material facts 00tt'. in . rt~euponmypartofany/~~'%5 RE DATE' I . . This application will remain on. file in the Gty 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 curreilt application is on file. . . S'CITYCLERIt\BOARD'IA11ON ) DB.RAY BEACH ~ M-AI..aClly "III! 1993 2001 e;;f'I/u [} RECEIVED CITY OF.DELRAY BEACH FEB 072006 BOARD MEMBER APPLICATIOtJi'TY CLERK 3. infonnation: 1. 2. ~~ Name ~ City Mol. City State :tl State Zip Code ~ 'Ill l' Zip Code 4. City State Zip Code --. 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: Ji" 8. list all City Boards on which you are currently serving or have previously served: (please include dates) ,) Cri l~ 10. List any related professional certifications and licenses which you hold: .s at all the a ve statements are true, and I agree and understand that any misstatement of material facts applica' may cause forfeiture upon my part of any appointment I may re~eive. .. . J/51/Ob DATE ') t . '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. . 5\CnYCURKIBOARD\APPUCATION rOSE HERRERA ~97 Whatley Rd. De/ray Beach ,Florida 33445, 561-644-7573 CFHiEr\ RE ~, \f, .-_.1..-/ rEa 0 7 2006 CITY CLERK OBJECfIVE MVMAIN .oBJECI1VE IS TO APPLY ALL MY SKlll.S IN .oRDER TO MAKECORRECr JUDGMENTS FOR 1lIE B.oARD. EMPLOYMENT LooAL AssISTANT WEINER AND ARONSON, P.A. 2003-PREsENT DELlUY BEACH, FWRIDA REsPONsmlUl1ES ARE TO ANSWER PHONES, FILE DOCUMENTS FR.oM PREVIOUS CASES. PoWERP.olNT PRESENTATI.oN F.oR CITY CoMMISSI.oN lIEARINGS, TAKING PHoroGRAPHS .oF SITES, AND V ARI.oUS 01lIER TASKS AND DUTIES AROUND 1lIE .oFFICE. SERVICE MANAGER DELlUY BINGO 1998-2004 DELRAY BEACH, FLORIDA REsPONSmlUl1ES WERE CUSTOMER SERVICE TO A SENI.oR CITIZEN CLIENTELE. SALES, AND HANDLING TIlE FINANCES. OFFICE AsSISTANT FWRIDA ATLANl1C UNIYERSrrY HOUSING AND REsIDENTIAL 2002-2003 BocA RATON, FWRIDA ') REsPONsmILITIES WERE TO UPDATE INroMING HOUSING FlIES. TO ESTABLISH ANEW FHlNGSYSTEM F.oR FUroRE YEARS. INvENToRY CoNlR.oL TRICOM PICTURES 2001-2002 DEERF1ELD BEACH, FWRIDA REsPONSmll.l1lES WERE TO ASSURE lHAT INVENTORY WAS KEPT UP TO DATE AND SlDPMENT WAS MADE .oN TIME. EDUCATION BACHELORS DEGREE IN CRIMINAL JUSTICE FWRIDA ATLANTIC UNlVERSrrY 200 I-PREsENT BOCA RATON, FWRIDA PRESIDENTOFCA1HOLICNEWMANCLUB. SruDENTGoVERNMENT AsSOCIATE JUSTICE. OVER500 H.oURS .oF COMMUNITY SERVICE. FRATERNTIY MAN .oF 1HE YEAR. SIGMA PHI EPsILON FRATERNITY VICE PREsIDENT OF PROGRAMMING. INTER GREEK CoUNCIL PREsIDENT HroH SCHooL DIPLOMA POPE JOHN PAUL II HIGH ScHOOL 1998-200 1 BOCA RATON, FWRIDA OVER2ooH.oURSOFCoMMuNrrYSERVlCE. CoMMUNITYSERVICEAWARDJUNl.oRYEAR. ScHOOL MOST SPIRITED SENl.oR YEAR. \ ) DRRAYBEACH . .. . c... . A. ***** AHnIericaCity '~II J! 1993 2001 CITY OF DELRAY BEACH 113/177 BOARD MEMBER APPLICATIOtf{E.CE.\\IE.O () C.1 - 3 1t\\\~ - E.~" Cff'{ GL ML infonnation: State Ch PL, State Zip Code ..s~o/ Zip Code State Zip Code ~L, 33L{<{.3 ell Phone: Fax: ~CI '- 2, zoO 70l-~0 If so, where are you registered? , s- 0 7_ Wha.t Bipfd(s) ar~ you interested in serving? Please list in order of preference: rbL - - . 8. List all City Boards on which you are cw:rendy serving or have previously served: (please include dates) No". . 9. Educatiorud qualifications: to. List any related professional certifications and licenses which you hold: .s Te. <..V ~ P s r ~I C- b U. s'C. C. '3lLtJT}., . It- ^OD p- i; r: ScJ , C G<-€ . I hereby certify that all the a~ve sutements are true, and I agree and understand that any tnissutement of material facts contained ill this application may cause forfeiture upon my part of any appointment I ffi2.y receive. /l~~~:' ./:2 - . - -- ..- q - 8- <;, - oS- ;;(GNATIJRE . F . _ DATE .) ~ . . . . l\lote: This applicatioQ will remain on file in the'City Clerk's Office for a petiod of2 years from the date it was submitted It tvi11be the applicant's responsibility to easuie" that a current application is on file. . S\CI1YC1.I!RK.\BOAllDIAPI'UCATION JOSEPH A. INGRAM, JR. HOME ADDRESS 3324 Chatelaine Blvd. Dekay 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 BEGs 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 BEGs and confIrm menu/instructions with the kitchen COMPUTER SKILLS · Working knowledge ORGANIZATIONS · Provides sponsorship/counseling to individuals of substance abuse · Chairman of the Christian Brotherhood ofSt. John. ) REFERENCES AVAILABLE UPON REQUEST - --.... --..-.. . .. 0 .. . 0 .. ***** I)'~ 0~ CITY OF DELRAY BEACH (} S~,o <,p //..-~<) BOARD MEMBER APPLICATION l} C~ q~ Vfl~ M.LIZ, Zip Code 3 Zip Code Name fl1 o/-Htrt1 ~ ttD .G~ mJ! 1993 2001 Please riot the folIo' information: 1. Last Name: /<Prr2.t t'V\ 22/8f5fd~f:Ji3ftL- lfTks 14M 3. Leg:U Residence: 5 hT"\ ~ rts iH!>d V ~ 4. Principal Business Address: .s /Hl1 Z- /J:5 A1l3oVL.. City City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: J -63&>- ?6Y<; sbl-2-78-3,/86 6. Are you a registered voter? ~ 7. What Board(s) a you interested in servjng? Please list in order o[pref91ence: I ~ If L I C- ~ f}t) II 1.5071- 8A/3 II]f-LJ L:5" i9-f2-1J f Cell Phone: Fax: 1-7<1'1- 332::b 8. List all City Boards on which you are currendy s . g or}lave previously served: (please include dates) . ZJI'I~ . 9. Educational qualifications: tJ- 10. List any related professioruU certifications and licenses which you hold: MIt- -' r:-L33C/V}t' Jb Note: This application will remain 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 eusure that a current application is on file. . . S'OTYa..BRK\BOARD\APPLlCAnON 1U U~ 1~:;.:s~p ***** .'RECElVe:t.Y DEe , 4 2005 DElRAYBEACH f , D ... . 0 '" ;qjr 1993 2001 ...', , , CITY OF DELRA Y BEACH , BOARD MEMBER APPLIC.TION / ?j/( /67 Please e or rint the foUo 1. Last Name: KA 2. Home Address: /) 5" HAft{ -fe>n L (icd~ N~/"fh 3. Legal Residence: .6~c. information: 'I Name m,i~'l (n1ic..K~y City])e/rA,/ l3,tUA - , City State FL State MoLe Zip Code 3~~il6- Zip Code 4. Principal Business Address: City State Zip Code ".; - - 5. Home Phone: !i""~ 1- 495-7 f1 ~~ 8 6. Business Phone: ~ Sf -~I.() -1,1 O() E-Mail Address: Hk4.!J ~. n,1ta..G~ir. Co CellPhof\e: Fax: <<:J.s--'l-3t- O-&. f;.2 Are you a registered voter? y~~ If so, where are you registered.! I1Hnt a~4.da t1,. 7. What Boarcl(s) are you interest~d in serving? Please list in order of preference: () J ' . ft I' --:2 0" ~ J . ro I.:e J rr&J(V'.s~1' JO ...../l:It . .' . 8. List all City Boards on which you ate currendy serVing or have previously served: (pleas~'iPclude dates) · ". ."; 9. Educational qualifications: a S ol t:::": - kJ.. t!.IIl'~~ C:C!Dn OM Ie&. 10. List any related professional certifications and licenses which you hold: . ~ 11. Give your present, or most recent employer, and position: ~.{ . AgGllL Ga If- 7ra..ns f~r t: rite. . /l!c~ p~. SA/~~l'/ M~I'IV-h4f 12. Describe experiences, skills or kno:vle<ige which qualify you to s)fVe on dlis bo~yl: (pleas~ attachr a bcixf resume) ~C"IIu{ tin f3lJ4rtl of 7J/rt<:C~1"S (1reUlt h~1'\ fln.dowi!. /it::J~b~/I<!:/'-'S 'ttSS"'. lMMy'&.ceIJ ~s;d~t; Ac.err1.4hJy, 'lnzl/. :lO[)~J ~kl/~r~,.Y;/~f-'~~~ I-bfll/It&/k. J1 U :::L'l-h,..,.sr i" oSe;..VI'n.'j t~~ Ct:iy. _ . I I hereby certify that all thE? above statements are true, and I agree and understand that any mi~statement of material facts con~n.ed in..th" fa lica'o .y "cause forfeiture upon my part of any appointment I may r~9eiYe. . / 7. 1 o. Ic!t9S .) IG iw DAlE ", Note: This application will remain on file in the City Clerk's Office for a period of ~years from the date it was submitted. It will be the applicant's responsibility to ensure that a current app'li~tion is on file. . . ~ S\ClTYCI..EIUO.BOARO'.APPUCA nON oL/Yl !i/f1 J. 'J :~ -I 89/19/05. )JON 10:'1$ FAX'S612U37U . CITY CLERK ~. '_"v_..'~" DlUAY~ t-.. "\J . . (^ Dee') l:-, ~-). _ ,~- 0 <<) Q.."\\:-,- _ ~"_. . . ., 1'11-1'" CITY OF BE.LRAy B'EA.CH. .~_.: . .. ~ BOARD MEMBER APPLICATION -I~S.. 2001 raJ 00 Z 1;1/101_ .iof.:-....~ RECEIVED SEP. " 2005 \TY CLERK '. AlI.T3 .C Code . , s- Zip coai . . FL :2>445- St#tc' . . ..Zip'Code '~l!\:. . \\J . f\ '..Fi.~ ~(~ I ~. :.) .. :'9.: :.n-~,~ '-0.. h- ~ j) ~.vlf~'''l f\ r l r 11 ' ~ \ cJ"'v\ ' , u ~ ,CL:t u.. ~ \'. tJV\. I V\. 1\ _ \::0 lA..l!_~ ~ - - to. list any mIaml pr~,o;~;as :Uld.~ whi4 J'Dt;l:kdd, :l - 1'1:LGi,re~~oC~~t~Qod~L} c ,......, -J.,..',. if").f\ 7'\ . l '.. . .. . . ~'i-./. ~ t ,. () \' VB.tth5e ve 'Sc~"'<'Ils~rv~'~rd _'. .... JhDaa;L,,:r';r~-' -~""'''~''''<Lli'' ~"""'>h;,,{~ . ._'SirJ"", : c-~. t~"'^~;}: ~ Q.;,~ I~'~!d' -IA"'~ t;tA^tk t. "-';;;c(J\~~!Jl . \lYb%I.O-~l~&"-'^-\-s, N.QA -=- 10M '\- \'ul ,,"e )w~&~ eoce-ka.vyl . ~,<:e . I ~.. ..-.: . . ~md ~~"b ' , ~ ~.~ ~.{ L ~. ':J. \ Uv. teJ-;~ t .J.:t.,LV'-S .. - "-"-* .,:,1 q_cl~ t...~ ~-tLu:iJltiW:f.~~iR~.l.(s:me.~~T~ . -that .' . ~<>f "'~&a3 ~.w.~"":---~of'>Df'~(I';"'-_ '(if <' JtV\}' . - .~ (\ S- ~ Thts:.pp1imttbn~~OJi-6te.in'dJe'CUY~t>. Oflic.c: ~a pe.riod~o.f:Z YeD<rZ b:OU1.tbc-datc'R1.V2s '~ed. 'It~.be &e'~s ~.~ ~e:~ a:.~cnt'lI5>natt.on-is'.:NI &::. ....~ II) fV k.-vu cR ~}Jl~t Sep 15 05 09:22a Major-Hanna 561-278-1822 p.2 09/14/05 WED 11:21 FAX 5612433774 DB-RAY BEACH ~ ;'Trr 1993 2001 CITY c~ ~002 ---_._.~. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION f-1yD7 WQ Nune E l { e.-rJ City f"\. _ } " LJ.Il...J. r-o. City b J.r-a. City M. I. 5. Home Phone: Business Phone: S"I-~1~-1&~ '~~'L-& 6. An:. you 1 cegistea:.d votleli .s What Boud(s) are you ioc:uestcd io saving? Please list in oakr of pp:fercncc; E-Mail Add.cess: c:-.. Cell Phone.: €.... Jh.I:;).j c r h co. '> n4 ~ r B:--..{\ >eJ ...Jt-..J.)~r- l,f - :).5/- s.o't>:J... If so, whe.ce 11:C you ceg1stel:ed.? F:o:: ~.i: i't b ~ o\:C'L o..du', s ~ f' Ct. tiy serving or h~ve pl:mous y se.cved: (Pk:ue include d:u:es) NQ.......J \"" \" ~ S s Wt aJ1 City Bauds on which you uc N ! .~tion2l quali.fic:atioos: .' J' 10. Lise. any cel2.ted. p.cafessiorul <:ertifiClOOas Ul~ licenses wbich you hold - Ac-J~ . '12 Desaibe apeciena:s, ski1.l.t 01: knowledge whiCh. quilify you to save au chis boud: (please rtt:ach a brief resume) L:) . l.A.~r-::' ~ G I, ~,........~ "......... ~c~"\..-- TcY'-.. I hereby catity tint all the 1l~ sC1tanc:nts 1UC tro.e, :and I :agx:ec :a.od \lD.dastand lh:lt any missb.taneo.t of n1:Atecial bets coDa..i.ned in thi. llpplicuion ID2Y CIlUSC fOl'feilllCc upon my part of 21;11 appointmCllt I uny rtteivc. E~~~~ . . '7/IS/05 ~~rom' " _~~ I Note: This application -will ttm:aio on file in. the- City Cl.c.dc's Office fOJ: 11. period of 2 yeus ttoxn d1.e date it wu submitted It will-be the applic:::mt's J:~poo.sibilit:y to cnsw:e c:hat;a. cur:rent application is on file. . $"0"0'0' l!><~ruc,.r."IION RECEIVED SEP 1 $" 2005 C\TY CLERK ..\ " DElRAY BEACH . c. . .. . .. ... * .;IJ *-*-* AHnIerfcaCtty , I III! .1993 2001 1/d-~ rr; CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATION SEP 22 2005 CiTY CLERK Please tvPe or pCUlt the foUow~ infocma.tion: 1. Last Name: M ~ ",. ~ N~S CL- 'p e-\ Mr-< 2 Ho, ~s: ~ S \--uo...c\.l C ~ ~Cod Trlt: \ Oe,\(o..~ GL A~h .3 4 <13 3. Legal Residence: ./ City -7 State Zip Code S; 0.. m e- 4. Principal Business Address: 5 C\. .rJl e-- City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: . (5tgl\.~43-2\OS ~ ---- 5a.m ~ 6. Axe you a registered voter? Yes If so, where are you ~tered? g h C . a..\rn eViL Dun-\-"" 7. What Boacd(s) ue you interested in serving? Please list in order of preference: /" Po\: Ce-- I~~'-J ~sc>rv 0oa.l~ 8. List all City Boards 00. Which you ue curre6dy seMng or luve previously served; (Please include dates) i NON8 . '9. Educational qualifications: (_o'-t er Le.-..\---\---e.r- . . . S.e e.--- 10. List anr related professional certifications and licenses which you hold: S e- e-- CO'-.J e...- ( L e- .\--' k ,-- 11. Give your present, or most recent employer, and position; .. .- t'4\ e..~, 6 5 ~ o.:.\- Q./ [0 \ \e de.--- - /\~..\ l.lbr-\- (J('".() ( e- 5" S 0 r 12 Desaibe experiences, skills or k:o.OWledge which qdalify- you to serve on t . . board: (Please a.ttach a brief resume) S e.. e/ Co '-.1 e,.- Le-.ykr I hereby certify that all the above stlLtements ue tme, 211d I agree 211d uooersllLnd that uy _ta.~ of trulterialfa.ct3 cont.aiaed in this app1ica.tion may cause furfeituce upon my part of any a.ppointment I may receive Q~y)y)~ Sep+. :;J~ ;;) 00.5 SIGNATURE DAlE I Note: This application will remain on file in the City Clerk's Office for a period of2 yeus from. the date it was ) submitted It will be the applicant's respoosibility to eosQ.re that a current application is on file. . S\CIlY~TlON j{(l 6(1q, ) )\ ) September 21,2005 Thank you for considering my application for a seat on the Police Advisory Board. As a resident of Delray Beach, I am pleased to serve my community on The Delray Arts Roundtable and would like to extend my service to this Advisory Board. I am well suited to this board based on my work in Denver, Colorado and Boston, Massachusetts. I have created and implemented conflict resolution seminars to facilitate communication between college students andthe 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 DURAY BEACH ~ All-America City 'till! 1993 2001 1/ ;:)-tf/t'O RECEIVED JAM 1 4 2006 CITY OF DELRAY BEACH 'RK BOARD MEMBER APPLICATIONC1TY CLE 2. Name S City ..o=- City . DEI City M.L 3. 4. GfJc h State . ~'yHome Phone: _ Business Phone: b3 - 3 ~ If(dD- 6. fue you a registered voter? E-Mail Address: Fax: 7. What Board(s) are you interested in serving? Please list in order of preference: . 8. \. I ch you are currendy serving or have previously served: (please include dates) -e tC erfL ) 9. Educational qu:ilifications: I hereby certify that all th~ above ements -are true, and I agree and understand that any misstatement of material facts ... cause forteilllre upon my part of ""Y appcintmentI may receive. 6 _ 0/-22 -0- DATE - J 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. . . S'CITYCLERK.\lIARDIAPPLlCATION 719 Avenue Chaumont. . Delray 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 Oelray Beach, Florida ScIence Teacher · Classroom teacher at the second8l'ylevet. · Teaching, testing, grading, and maintain an effective dasstoom management. · Preparing lessons. ~llingparents. and a mentor to students. . 19OO-present Aft Florida Traffic School ' Lake Worth, FL InstructorlBDl and drug and alcohol · Teach the substance abuse education class and the basic driver improVement dass in two different languages. · Suggest new strategies that Increased earningS. ) 1997-2004 School Dristrict ofP.B. Co InterpreterITranslator · AdVocate for the lEP students . Tutor lEP students · Translate documents to otherlanguages WPB.FL 199~.1997 USA Immigration Services Defray Beach. FL ~ class Instructor, · Teach the United States history to ir1lmIgrants. . . Prepare appficants for the lmmfgration citiz.enshipexam E4ucatIon . 2000-2002 Palm Beach Atlantic University .. B.S., OtgMizational Management 1998-2000 New Or1eans Tlleologloal Seminary · Theology WPB,FL WPB, FL ) AffIlIatIons. and Volunteer experlenc. Sponsor of the Caribbean Cultural Club at John.l. Leonard School AdvisOr to the Bethel's youth dub Founder of Bethel men's group (Les Joyeux Chanteurs) Certifications ~ )' ) Palm Beach County Community School volunteer Mentorto a high school student Department of Education's Excerxlonal student Education Teaching certification, Substance Abuse Classes, Department of Motor Vehides. DTA certification Available upon ret1uest UI:LKAY KEA~H . c. 0 C . . '" ***** 7jP.3/ri? CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATIO~p ') 3 Z005 C\TY CLERK AI-AnIerica City , ~ II J! 1993 2001 1. // ;1' ~ State 1" M.Ix Zip Code ~ Zip Code /1 2. 3. Legal Residence: eSA/J?e as 4. Principal Business Address: All H 5. Home Phone: Business Phone: City State Zip Code -- - ----~ E-Mail Address: Cell Phone: Fax: 5C:1-~ (5 fi&:U 6. fue you a registered voter? )05 If so~ere are y u re . ~~d? 7 7. What Board(s) are you interested in serving? Please list in order of preference: 8. emeriT- edge which qualify you to serve on this board: (please attach a brief resume) Skr, ..p-{l s [)-ff ~ I hereby certify that all the above statements are ttue, and I agree and understand that any misstatement of material facts contained ill this application may cause forfeiture upon my part of any appoin t I may receive. ~ ~ Q~rdtP-t'" ~., .. I ell' ot(JN~ SIGNAUJRE ~ /DA: " ..) ~. Note: This application will remain on file in the City ClerlCs 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\CI'IYa..l!RKUK>ARD\APPUCATION _ ..J DB..RAY BEACH ~ ....... MIJ..aQty 'III I! 1993 2001 ;-IY07 CITY OF DELRAY BEACH .RECElVED BOARD MEMBER APPLICATIO~p '5 2005 C\T't' C~e.~\( 2. M.I. f<... State Zip Code 3. Legal Residence: State. 4. Principal Business Address: City State Zip Code Business Phone: E-Mail Address: ~ ... CeiIPh~ne::~ 7.' ~t 8. ') 9,.. 10. :,' .. ~:;. f:'l:;{.~ .~l-~~~ . "- . . ,St;aterl-,i'iOts,are . .:#ull ~ and und~taDd thai: :ll;t;iyri\i~~e1?-t ofniat~~J;~ au>< fuddlure upon my - nf "'l' 'PJ?OU>"'7 mare. '. .'. , ....,- DA~!1-C .... ,'. .. . Note: This. appli~ii64'~ temainon fde.in the Cit:Y:Oeck's Office for a periOd of2 years from the date it-wasc. . ) ;:,.;..su~ini~'::rf~iU be' the applicant's responsibilio/,to.,ensUre that a current application is~~ '. kJ .q/~ :fl :P-7 ()ttL{r ~ +- ~U-l\}- ~~. ~~~.J.. tV~1 j{ I f1 ").&-Il1J ~SI';1- ~ ~ ~ ! C.-\{; ~ ~L f'te-- e-oet~~ 'c-~'4 r11- r~e-ft;r-~ . ~;t~'i-&~kIt~I'-:a{~iU-9~~ . I~~ '-I- ~Ir-%~~ \J&L {J-;' iht\~t. 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Name Gt+~ c r.<-R ....~ . --~( .€ . S~tc. .. Zi{:. coq~ "33(/- 3(; . Zip COde ~ 3. 4-- . f.. 73/- . . . . .3V:- G. ~e ybt.i <i uwscered VQIo?: . ...... ..... '1E.S 7 _ Wha.t.Boaro(~} tlCC you mteE<:stcd in so;["(( mg? Phse list: inordcr of ~t;cfertiK:ce: .. ..L:. . ~li ~ .. Po f-I r --E A- h 1(/ <:;" rl f:-2:f-...3(?1Ao-fC. ~ - . ", .... . . . '" &. . ~ ~.<:to/ j~?a;;4~~Wtii. < ~h 1.Q.u :3XC-~earl.jr :s~ O~ hil:(''6....M9us1y s.c('V~: :c'p1~e,~tidudeda(~). ....._ .. :'. ,.... ... .. Pfb~-/lq:C;z:JU AJTY be 4- S74/C..-r-" ;a..~LJo-: #:.oo~ .i~:?j~E~r~i!z::P>G:: &v;ryC . A ~~ t(t-- I.is.t ari.}..:ri:l;Ltod piOf~sl(l~i.l ~CI:ti6dtiO:o.s and Jicens.cs-w-b.ich you'h.o.M: '. _.':.'.- -. :" .).i--TI4ijt&:?:-.L/c.E:./J~. /rJ~ ...:5c1i:ODL . ...:.',:..','" ';-~'-"""'" I t~: ~:..re', r.6ut ,[~eSdl1:~;x ttio:stt(!j::ctJ.t tiLJploycry :;JInd position: ( :. -':::.'...:..':' .;: .,';... .....'.: :.COLf:Ai ~ 1- -. .:., '.. C. -. . . ." T. < . .'. .:.--:..;....:..:,. . ":l..,5Fi.R...,j.lt~ .4-buL.:' .~:; c!'- - .."" . .... ....:.. . '=1 z; ; 'J::k$Cfiij .~;~~. skiIb't. 01; ki:1owJ.cdg~ whidl; qU2liry you. to sccvl1'OO dds bo:;.tci: (p)ell$e :lm.:eh :l brie:f~e-sd.me). . :.':.-- .~,'. ~~~(.-':''l:o~t~1:>'M~M'~R.. ~ HA't~t;>.t~ . . . . ::9~J:-' t~i~.~.:~'-ti~..cRj::nU:. I~NS-L4-Tt1Al A--~T . ::>'::I:..:t?::':';;;~:?:).;:.;.. '::'~';r1J;i)g<:.~il.L'T{ ~tl1-.Jsf>E4Ji-d:... .. '. . ...-. '0.'. .;. .Eli:..' . l~bj:cp,,~'~IUr;.a.U:.ilic:":~'\t1S ~f~..:nrs '~(j Ul.r(:, in4l: ~.:f:Qc1l%.od~i:lU 'rJ.i.'ttlj,nt.aiisstilCOtilcriJ:oft'#a.(e:daI ficr~i . . . ':;'~'0'r"'~(O&i<=op<>."'Yl"Mf"Y~d""'Y~~~_ ... ... .... . . .' :,,'., ,....;,'. .if~~. ".. q .~9 ~os-:-. '..<.~~~~ " ;.f-t, :;::,:: ,.--. .;....: .<~:~.__: ,:. <..... . .'. .' '. _ :. .J)A1~ ..-: '. ;.:.,:. .' ..' ;.... '. _." . ~: : '. ~.~~':,~i.~,:,~t;fi8;~~l'~U ;~~t.~~~~ on:fii6 ~ 1:11'; oty adi.~6 'Office. fO~ .a:p~~dof":? ~;~at'$ ~m rl}~.<i~~'-i.;~. . . .: '<.:.. . .~.Ub~.~.:-~J:.~~~C-rhc.appJic.an,r"s res(lQi1$ibilityto ci:su:tt.t:hat 41. turrent.llppH~ri?~~~Q~~U<:A~ _ .C~.~.~...1>#JL1 ce_(f:eEt: ~)~). ;, EDUCA1'ION: ) RELEVANT EXPERIENCE; LANGUAGES: J Anax e.. Pompil~s 95 Citrus Park Lane Boynton &aw. Fl. 33436 Tel: (561) 731-5329 (561) 434-8852 Palm Beach Atlantic Colleg~ West Palm B.each. FL.. M~er's Degree ill Scbool ~unseling Grndu6ted. June 2001. Lynn Unlver.sity, Boca RatoD, FL. Bachelor of Arts in Behavioral Sciences. Dec:embcr 1997. Honors: Natioual Dean's List '95-'96. <96-'97 Lynn University Academic Honors AlphaSigmaLam~ 1996 "Newbury College, Boston. MA. Associate Degree in Computer Science, June 1985. Wentworth Institute of Technology, Boston, Ma Certifica[e in Computer Numerical Control, 1983. '. School District of Palm Beach County, August 1996 to present, Homeless Education Coordinator. Identity and provide social services for parent.s and students. DemonstGite knowledge of community resources. Successful e>..-periences in working in Olle-.on-one relationships. DemollSttate ability to evaluate social services needs of clients. lkmonstrate ability to rel.ue to people from various ethnics, educational and -socioeconomic backgrounds- "" Delray Full Service Center, Dekay Beach, AugUst 2001 to present, ESOL Teacher Pine Grove Elementary &hool, Delray:BeadJ, September 1992-1996 Haitian Community Language Facilita.tor Working with troubled young:$ten> daily in developingintcrpt.TSonal celationship~, teaclling co.nfiict resolution and self-esteem Provide outreach and in-service workshops. Assist ESOL teacho-s with math and reading curriculum. and testing foc placement. Translato for non English Speaker-s and repcesent them io SAC meetings. English, Kreyol and Preudl. .L.:< .L~~ V..., ~~. va .a:.tL.n.. ~v..1. 1;..:1"t UVO..J c nJ:,Vc..l'1. J..V!'! '-r..!'1.J:.L\. MY CURRENT RESPONSmll..ITIES ARE: I. Coordina.te projects for homeless children. 2. Coordinate with othcn; agencies, which provide su.pport to eligible famm~s. 3. Develop activities to promote parent involvement in education. 4. Assist families in their efforts to improve the condition and quaUty of family life. 5. Assist in making families aware of community services and resources, facilitate their ac;cess to the services and follow up to make certain appropriate services are obtained. 6. Assist homeless families in arranging for pmvisions of health screening and diagnostic services to eligible cbildrcn. 7.' Establish personal contact with homeless shelters in order to find housing for parent and their children. 8. Assist in maintaining an accurate and np-:to-date database for homeless children. 9. Attend homck~s meetings; parenf meetDigs and training sessions. 10. Maint.fain a social service directory. 11. Respond to needs assessment rcferrnls. 11. Assist lIlomeless families witb 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. TITLE: Homeless Education Coordinator \ "j .) 10 uu~ '1 f:. 2'-"-'f. ~: 2.-' ('M FROM: Lir.da I'ri.:.( TO: 24~-~774 rAGE: ~02 OF ~~2 Application.jpg (1103x1460x16Mjpeg) ~C'LoS ~/ &; j(J 8' ~/Ll& & .. .......~~~X~~u... .._.... .. .:,. ..., :1. . ..,u...'..,:.....:.'.'.......... ... . .. . . ... ,. . . . . . . . ... .. . '. . .. .. . . ,.. . . . - ,. ... .. .. .. . . , .. . . . .. .. . . '. .<....: :~; .:" .~. . lm.. l(JO'i . .. ... ~~~~~;~~~i;Ci\~~t:r~~~ . .~, .. lzrpc~ 4. .~jn~r'~J ~l~L,ih'~U 'l\dci~f ..:.. ::..: :: :.: ....... . .. . . . "........ . .. ".". . . .. ..... .. 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'2.-....f :t:'-.f"": I"H FJ.:.r.t-1: Lirt;i:i E.[i.:-.( TO: 2.J~-~T7-1 I"::"GE: ('('2 OF (-(0" Linda A. Pri.or 2455 Lindell Blvd. #3510 Delray Beach, FL 33444 Home: 561-330-0245 Cell: 561-702-0245 Linda _ Prior@hotmail.com Work Experience: IBM in Westchester County, NY - 20 years Sofhvare Engineer Teleconullunications & Data Quality and Process Management Skills: Organizational Management Attention to Detail Conuuunication \ ) Background: Homeowner 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 Alunllli VP Boca Raton Group Counseling - volunteer - 1998 - 200 I 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 orgaruzation 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 conununity. J -'" :~. ~-. L."-'f- :"t:..€- (-M FROM: Li.....:fj I'ci.:-( TO: 2~3-;o;77.:1 F-A.GE.: .":<03 OF ('(,4 ) I see myself as: A volunteer willing to serve the Delray conununity. I see myself as: A representative member of the conununity \-villing to donate my time to the functioning of the conununity. I see myself as: An organized person Wil0 will explore and research situations and give .my input to the decision-making process. I see myself as: A cooperative, conscientious person without tlte supelpowers to tackle everyone> s concerns and to satis!}- everyone at the same time. I see myself as: ) An individual responsible member of the cOlrunul1ity,just Like you all are, who is willing to put my effort into maintaining the City of Delray as a place \vhere I want to live. I see myself as: An individual \-vho 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 where there has been a need, and I have found the challenge fultilling. '.." J 0-' DElRAY BEACH . " 0 . . D A. ***** fI; 107 Al-AmericaCity '~II J! 1993 2001 CITY OF DELRAY BEACH .. \::.,\I€-O BOARD MEMBER APPLICATI01tCi Il\\\)l) oC"'\ - G t. C rt'l C \.. '€- '?< 'f.. Please tint the fo11o - 1. Last Name: tp . 1\ 05217 2. Home Address: information: '3 3. Legal Residence: &'/ I? t')f.?lYdrd.l iJ/!'e Name ed MI. City State Zip Code .#t' II" d fieiJc./ R J 3> Y}l3- City State Zip Code City State Zi(J Code ;5OJ/J/'f' 4. Principal Business Address: A/~ 5. Home Phone: . }'61-t3f1-lftJ-YeJlf. 6. Are you a registered voter? . V } If so, where are you registered? AI' / / e . ///2..j);J ~l'" 4 7. What Board(s) are you interested in serving? Please list in order of preference: Business Phone: ~A E-Mail Address: Cell Phone: !JeJL t7.J4@k/l>oiJrl4er ;'05-.7' J. ~)) )'r;'t> Fax: f?o/ ~e Ad~;f-pr/ d3tJtlrd 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) e rp'e,J c, ~t1 o';:::/j.{) / !.7){/tJP1 FL .~. Educational qualifications: , I . PI P -;) > ?:!. - Jr/t--/! 5vce,/JJY/5vrYfi',j"JJ"/,; fir";r),,d6'/ffo.5, 1~/;l;1hr..7'. 'S C' -e d 7((J C /1' / 10. List any related professional certifications and licenses which you hold //f!'>;J-> F 5e e ;? J/vr/e- / 11. Give yow: present, or most recent employer, and positio~ If e flr.'P / . 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) fle;J.s't' 5 e e d1l;;;?~ j I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained - - app - tion may cause forfeiture upon my Part of any appointment I may receive. /.. . ezj:, t; A ooF DATE . ., 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 willbe the applicant's responsibility to ensure that a current application is on file. S\CITYa.ERK\80ARDIAPPUCATION 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 deveJopment.programs both in the USA and elsewhere. ..) J Much of his work has been conducted in international organizations having racially diverse, multi-cultural staff. He makes systematic use of a ",,'ide 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 client base included the Dun & Bradstreet Corporation, Xerox, IBM, GTE, General 8ectric, Coopers & Lybrand (UK), The Digital Equipment Corporation, The International Monetary Fund, Citicorp, Lederfe Laboratories, The New York Hospital, State Street Bank of Boston, The Sloan-Kettering Memorial Hospital, The United States Army, Nestles, The Worfd 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 Comeil 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 fornial education indudes 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 Rorida communities since 1982, including about three years in Delray Beach where he now .LV' .L..v t:I.... .L"+. "+t:I l"1Uf". I nwuUJJ rnWl'l .:lnur ...,. oJO.L .:::."+.... r ':::'':::'.L l"1U.;;>':::'''+ rt:lt:l.:::. ~ BEACH . .. . , RECEIVED DEe 1 4 2005 CITY OFDELRAY BEACH C........r;.'v ~.IV~RK ) ,I j .",,,,,,.\ eoQD MEMBER APPUcATION /~/I'I/O) -) 2. H Y6 Pa-!h M.l. 3. State ':L State Zip Code 33~ Zip Code Business Address: <f/!1 Sf. City be! ray 13eot~ State Zip Code 33~'/J.j , >! FL 5. Business Phone: 5(,/) :2~;'g9Q? . ~~ Fax: 6. 7. 8. 'ce visory J3ca,r: Boards on which you aa: correndy serving ox ha-ve previously served: "f'lease include dates) 9. MS. Note: ) ) lic:ation will tem2in 01i file in the City OedC's Office for a. periocj of 2 yeatS',from the date it was . tted. It will be the 2pplicancs responsibility to ensuxe that a Q.1~t 2t'plication is on file. ,/fn.!lff . .-- ~. 5(~d-- i , i I i r \ I I i I i ! i ! i t I ! i ! PElRAY BfACH ~ ;'irr 1993 2001 loft~'" CITY OF DELRAY BEACiiECElVED BOARD MEMBER APPLICAl1tiN 4 2005 CITY CLERK Please e or rim the followin infonnation: 1. Last Name: S#~IY4C/ 2. HOl)lF AddJf.ss: /h "1-/ L ~ IV 6- : ,.., tJ /C:IlJ ~ 5.,3 3. Legal Residence: o c.f~6~ LA-~ ~. 4. Plincipal Business Address: -# 3 4,,6tJ y~ N M. I. /f Ctke r BcJ- State Zip Code FL. ~~ ~ ~ State Zip Code k. y FL y.<f,j- City State Zip Code 5. Home Phone: ~~ ~ 6. .~re you a registel-ed voter? Business Phone: E-Mail Addl-egs: ~ ~ htule 7. 'Xrhat 8. List all Ci~ which you ace currently serving or have previously served: (please include dates) . ">1 B~ at aU the above statements are true, and I agree and understand that any misstatement of material fucts Hcarion ""'J' """"" furfeiture upon my part of any "PJ'OIDtment I j'1 receive. /OfE-llJ5 ~IGNAn;RE DATE ~4~te: 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 wiU be the applicant's responsibility to ensure that a cun-ent application is on fue. S C1TV/"J.P.RIi: ROARO APPlJl~AT1ON ) Kathleen B. Shackman P. O. Box 7253 Delray Beach, FL 33482 561.504.1807 Brief Resume 1993 State of Florida Real Estate License 2005 State of Florida Mortgage Broker License Defray Beach Resident since 1211989 Homeowner Licenses: Current Employment: Self-employed, Senior Loan Consultant, Sterling Equity & Asset, 98 N. E. Fifth Ave., Defray Beach, Florida Prior Florida Experience: Licensed Realtor, RE/MAX Innovations, Boynton Beach, Florida 10 years ) Law Office Administrator, Lewis Kapner, P.A., 250 W. Australian Ave., West Palm Beach, Florida - 5 years U. S. Government Employment: 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. .) ~ ., . j October 13,2005 City of Delray Beach City Commission 100 N. W. First Ave. Delray Beach, FL. 33444 . To Whom It May Concern: . Kathleen Shackman P. O. Box 7253 Delray Beach, FL 33482 561.504.1807 shackmanm@bellsouth.net _. l i;~ L. ~~ fJ pn ~ r~~\: 0' , ,.. ;.....-"--~~ ! 11)) rul OCT I 42mi jL'Ji C}I)~=trMkLS~$I5.bL! Thank you for accepting my Application to serve on the Delray Beach Police Advisory Board. I am a long-time resident of the City, and I would be proud to serve in support of the . City's needs for volun~r business people. . "~ ) I donlt 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 mycell phone notedabove. I anxiously look forward to receiving your positive response. ~ .\ J ..' 4 . DElRAY BEACH . II. 0 . , . " tdItIr:II AI Jlm...cay 'III I! 1993 2001 1. .2- 3. 4. 5. Home Phone: CITY OF DELRAY BEACH /,J~y f7 BOARD MEMBER APPLICAT~EIVE D DEe 1 4 2005 information: ~ State City State Zip Code Business P one: E-Mail Address: Cell Phone: Fax: 56/- o]~ ~0 1I!1.FI!Et/;;lell 6. Are you a registered voter? ya If so, where are you registered~cueA 7. Wha oard( s} are you interested in s' . ? Please list in order of preference: ~ (. / C c f//JIJi'C- 8. List n which you are cun:endy serving or have previously served: (please include dates) b ,) 9. Educa.tional 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 of2years from the date it was submitted It will be the applicant's responsibility tq ensure that a current application is on file. S'OTYCLERKIBOAIUlIAPPLICA11ON DElRAV BEACH '..0.'."" ***** information: CITY OF DELRAY BEACWCEIVED BOARD MEMBER APPLICA(fdP~ 2005 CITY c ER ' IlJ I fa'! M.L J) . Zip Code 3"34~ Zip Code Namce.o ro I Ci!Y Dcl r'a City Bea ch State AJ..AmericaCity 'III I! 1993 2001 Please 1. LastN~WI t\}&Jf2 N 2. Home Address; d .2 C:>Oo S. OCca.n BJ \1 , "/.. z. 3. Legal Residence: f _ ._ S~ as O-~ 4. Principal Business Address: n/t?\ City State Zip Code 5. Home Phone: 5"- l. ?. Cp ~ ' <PIS 6. Are you a registered voter? Business Phone: n/o.. '/ e...5 E-Mail Address: Cell Phone: b\rd"""'ot,~A IQ~. 2Y' Co\~ . Co~ '2-0 If so, where are you registered? FaX: . S- PBu.")==tL 7. What Board(s) are you interested in serving? Please list in order of preference: Po l ~Cc.. . Ad V \ SO-r 8e 0 v-d 8. List all City Boards on which you are currendy serving or have previOUsly served: (please include dates) " .} 9. &lUql.tional Qualifiea~ops: Numerous classes in community-oriented justice, social work and . criminal justice aamlnistration; college coursework in criminal. law at No. VA Community College; six-month course in facilitating ~t Institute for AdvancementoLService. Alex., VA: B.A. Ursinus College. PA. .I 10. LIst any rclated protessloruu ~ert1 cations and licenses which you hold: V\ C\ 11. Give your pr~ent, or P:l()st recent c;mployer, aJjld positio.,p;. . ( 0" ~ 119-1 L.e aJ1~ ~n V\.A...1..l/LGM Jusi1"Q- ,'k..s 12. Describe experiences. skills or knowledge which qualify you to serve on this board: (please attach a brief resume) Substantial personaUprofessional 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 ~ometimes advef'5!lrial demands of public opinion and the courts. ______ (~e:. Ye..7c)~) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ~con . ed.in this.. . ~~. yea. we lOofeiture upon my put of any 'l'pcintment I may recei.": ~_~ ... /0- If oS- SIGNA: DATE Note: 'Ibis application will remain ,on file in the City deck's Office for a period of 2 years from the date it was ) submitted. It will he the applicant's responsibility to ensure that a current application is on file. . . S'CITYCl..ERKUlOARDIAPI'LICAUON jrll 5/1<6 CAROL DITZLER SWINBURN .J 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 andsheritI, judges, magistrates, the chief of police, the chief public defender, chiefs of both state probation offices, as well as representatives of City Council, local education, non-profits, the business community, and citizen members. ) 1995-1997 Acting Director/Counselor, Women's Empowerment Program (WEP) at Alexandria Detention Center. Employed by Bureau of Rehabilitation, Inc., Forestville, Maryland Hired as the Counselor and took over as 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 3IUlUal City funding for the program, and in creating supportive community fundraising events. · Conducted classes for women still in thejail 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 Volunteer; The Campagna Center's This Way House (teen runaway shelter), Alexandria, Virginia Worked with teen residents and the shelter hotline as a trained volunteer. Co-facilitated weekly support group for parents of residents. .) . ". 1994-1995 Campaign Executive, Alexandria United Way Alexandria, Virginia Provided management, organizational and technical assistance to firms and organizations conducting United Way campaigns. i 1990-1995 Founder and Director, The Healthy Gounnet, 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 infonnation on food, nutrition and lifestyle modification. · Trained and motivated class groups of diverse ages and lifestyles. · Created, wrote, published, publicized, marketed and distributed a cookbook, Recipes from The Healthy Gourmet Cooking Classes, based on 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 organi71ltion 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. ) I 1967-1974 Early career: U.S. House of Representatives, U.S. Environmental Protection Agency, U.S. Railway Association, Washington. D.C. Served. as Chief of Staff (then called .'Administrative Assistant'') to two members of Congress; researcher in EPA's futures research center; and office manager, Public and Governmental Affairs Office, U.S. Railway Association. 1997 Woman of the Year, Alexandria 0JA) Commission on Women Honored for my work with Women;s Empowerment Program. 2005 Induded in Who's Who of American Women ) lflll IlUU:J TUB Hi: Jb 11M. IfgUUZlUUZ SEP. 9.Z0B5 8:32AM CITY OF DEL.RAY BEAO-l NO. 944 P.1/1-- E-rf-'=IVED ';,.J ._~ . p~XP~ ~ ffiTJ! 1993 2Q01 CI'TY OF DELRA.Y BEACH, . BOARD MEMBER APPLICATIO tTY CLERK pj; '/!C7J 2. infox:mation: - MoL 1. 3. - 4. Pnnclpa1 :Business Add1:eS&: City Zip Code - -- 5.. Home l?ho~e: Business Phone: E-lvWl Add:ess: "1- ~7g- (,137 .5'1,1-4/:1- &II;' AN/CY.::rtPElS5t 6. Are y~ a. registered vorer? If so, whcte ate you rc:gistcted? ~ 7. '\li'lbll~ BQ~d(s) are you intUeStod in s~ Please list in omcr of p~ce: ) . 8. LlsuU Oty Boards on which )'O\l ate CU1:tcqdy serving 0% Ittve previously served: (ple;1Se'include l\.tCS) 9. E.du~dcmal quaUfi~ons: I alions and licenses whic4you hold: ~ 11. . Give your preseut, or mQst recent employer, 40d posioon: . J Note: This application will1'em~;~ on file in the' City Om's Office for :ll. period of 2 ~ . s\1bmittcd. I~ will pe the npplicant's responsibility to ensure that a current l!.ppll.c:a:dop. . ~~1 the da.te it ~s on, file. a.~OAlUlIAl'P1JC:ionot{ '\ .1 ~. ~ ." ~ . :'.: ..., ABBEY J. WEISS 809 NE 1st Street #7E Delray Beach, FL 33483 561-278-8737 abbeyjweiss@hotmail.com ADVISORY BOARD aUALlFICA TIONS 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 coffeemakerswith retail value of $70,000 toPa'm 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 "Katrina 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 VifNI 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 .. Uaison between Park VIeW 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 SponsorlMember January 2005 . / Resident of downtown Delray Beach 1997 to present Resident of Palm Trail neighborhood 1998 to present DEUtAY BEACH ~ M n LlI ....Cily 'III I! 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 14/7/07 RECEIVED OCT 1 7 2005 C i . \ :~:. ~~ ~~., .~.. ~ ~ ,~~ ."01 j Please or rint the follo 1. Last Name: L.J ItJ.JE: 2 Home Address: ISiS JJ. 5l.J~ 3. Legal Residence: "'S.4/YlE- 4. Principal Business Address: information: A~ Name81.o 0 City ~~~ City State Fe State M.L 5 Zip Code 3 Zip Code City 7xJ~ ~0-1 State Zip Code ,).J.5 IV'~. fA ~ ~ Lvo -;It. 5. Home Phone: Business Phone: ~/-,>~<.r{ 5CJ I 5b/--l-flr 6. Are you a reg!:;tered voter? ~~ I~ GP. 7. What Board(s) are you interested in serving? Please list in order of preferen~ . '+-'6ltCS .to./tSon::;t.~ C &J ~ ~er.m-D-S 8, list all City Boards on which you are currendy serving or have previously served: (please include dates) ~ ;t1. t=L.. ~3 ..J- Fax: E-Mail Address: 1>1V'tJ"-'C>@~I. Cell Phone: 3'f}--o) 1- .)-:J-oo If so, where are you registered? ..0."..). 9. Educational qualifications: ~CLl.~S .?J.= 0~ lJGA 10. List any related professional certifications and licenses which you hold: 1 L Give your prese~t, or most recent employer, and position: 0 CvoI\..tFI 0 . -7 _ I (.to 12. Describe experiences, skills or kno~ which qualify you to serve on this board: (please attach a brief resume) \.-7d'\. ~ 9= ~t.,.....~ ....L,..V>Iu>~a--..rbL ~lc.J2:; 1=1ClY'\S wf7ll1 r~\R3. E~c... ~~/YlS. - UV'F.J) IN ~ bA Las ~ d- ~ ~ GA J--~YdlL AJ0-rlJ~ (;;J(p~ ~ ~lv~ f"tlt:(l~~ 1toJ.YS. . . I hereby certify that all the above statements are true, and I agree and understand that any misstatement of mat:eri:ii facts contained in this ap lication may cause forfeiture upon my part of any appointment I may receive. (.0 IN 1.:3<: DATE Note: This application will remain on file in the City aerIes Office for a period of 2 years from the date it was submitted. It will be the applicanrsresponsibility to ensure that a current application is on file. SICITYCl.ERX\BO~1lON ) /-n~bj;CZ . _1- MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ffJt~ AGENDA ITEM # qL - REGULAR MEETING OF TUNE 20. 2006 ~ APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES TO: SUBJECT: DATE: JUNE 16, 2006 The term for Mr. Alexander Simon will expire on June 30, 2006. Mr. Simon will have served an unexpired term is eligible and would like to be considered for reappointment. The term will be for two (2) years ending June 30, 2008. In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications and would like to be considered for appointment: Gerald Franciosa (also applying for the Downtown Development Authority, Public Employees Relations Commission, Community Redevelopment Agency, Civil Service Board, Police Advisory Board, and the Board of Adjustment) Adam Frankel Glenn Schuster (currendy on the Code Enforcement Board) Alexander Simon Incumbent 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 Ellis (Seat #1) for one (1) regular member to serve a two (2) year term ending June 30,2008. Recommend appointment of one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending June 30, 2008. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES (No Term Limits) 05/06 TERM EXPIRES REGULAR MEMBERS APPT BY TELEPHONE Indefinite Greg Giaccone Fire Chief Office: 243-7450 To replace Walliarn Adams Battalion Fire Chief effective 05/17/06 Fire Department Indefinite Captain Mark Davis, Vice Chair Police Chief Office: 273-7872 Police Department 04/22/2007 Melvin Sacharow City Office: 243-2857 Appt 05/17/05 2560 Riviera Drive Commissioners Cell: 445-6863 Dekay Beach, FL 33445 (2 yr term) 04/22/2007 Sergeant Brady Myers Police Dept Office: 662-8997 Appt 04/22/05 Police Department 06/30/2006 Alexander Simon City Office: 789-0928 Unexp term 02107/06 220 MacFarlane Drive PH#6 Commissioners Home: 243-8998 Dekay Beach, FL 33483 (2 yr term) 04/22/2008 Officer Charles M. J eroloman Police Dept Office: 243-7800 Reappt 04/04 Police Department Reappt 04/06 04/22/2007 Lt. Joe Iigouri Fire Dept Appt 04/99 Fire Department Reappt 04/01 Reappt 04/03 Reappt 04/05 04/22/2008 Lt. James Tabeek Fire Dept Office: 243-7426 Unexp Appt 10/05 Fire Department Appt 04/06 Mayor Perlman (Mayor is sitting member) Contact: Anne Woods 276-0512 (fax) 265-0616 S/City Clerk/Board O6/Police & Fire Board of TN stees =<UI : CiER-SHlI V~ r tI 'l,' 'J::> Hi',. IJ:33 ~AJ Dbl~~33~~4 Hug_ 04 200~#1'J~Y <?/iffJ CITY OF DELRAY BEACH E.CE.\\1E.O BOARD MEMBER APPLICATIOIi, 4 '2.\\\\S . ~\\G - '" v c\..'a~ crt, , FA>': 110. : 561::2bF--07-t6 l:ln: CLI:J{!\ OfUU.Y l1'€AO..t ~ "Ah.o~i1 "lit 1993 2001 1. City 1.l ElIE {"T 3. L:g:d ~ce; S ~ ~ Pm~,B~~~Ad~ Cily 2. City St2.~ Zip Co& t. A- ~o1U.e Phone:: , 6 bl vtJ, ObaY.' 6_ AL~ you lL J;egU;tr:.ce<1. vote? RU6iuess Phone: E-Mail Ad<k~5: 7. ~ Boar;d(~) iI.l:C you interest in scrvicg? Plosc list in ~rd.e.r .)~ pc~1:Ilce: / frlVtl C (lnrn 1 cS 8. Lis. all City Boards Q[I which you ue CUtt~dy s~g o~ htl.v~ pJ:c.v.iously $erv'ed; ~.incIu.:k ~~) r/ OW -) Ed~~~q~4Iic~s; 13 10. List any .leJated p.rofellSiowU ce.rtifica.ti.oWl anc;l liccnsa; which you hold: 1 L Give youe presen~ oc mO$t tcceO.t employer. and position; 12. Di:scrihc: a:pedeDCe$. skills oc kno~edg~ wb..i&. qcaJifr you to seNe: 01.1 chis a.u:d: (Pleuc 2Ittm ~ bcid rc5WIle) I hcrc:hr ..' -".. t all ~e a~v t<:mca~ "arc: rro.~ and I agree:. and tJ.n~l:llCld that tIfT wis~t::l.temeat of IllloL~ f~ """"""" "'" Jpplia_m.y '"""" ~ "l'~ my ~ of =y _~ =em. SIGNA ~ ,'~' .~ Pvf!..,<' application will r~ on file in (fu:. Cu.y a~s Offic.: fo!: a pel!f.od of 2 ~ from the d:J.tc it ~ 111nil!l:e.d. l( 'Will be the appli=t's resp<u~sibtlity to Ccsuic,t:b:at a CUI:I'eO.t :JPpli.Cll.ti.on is on file. , ~CI..8llDIl.o.........t'tUC\.3JOI.I DURAY BEACH ~ ......CIty 'III I! 1993 2001 /130h~ ~ 0~ ~.... .... ..... /J;. CITY OF DELRA Y BEACH 0~ '<9 ~ BOARD MEMBER APPLlCATION}- Cz ~ <:> ~~.f- Please e or rint the followi information: 1. Las t N ame:..r--; ,RAtJ(tL 2. Home Addres~ ~'i ~ r tJ W (l.J&.... sr ~ A- 3. Legal Residence: \Su AJ €. -!of\--. Avt ~ L. 4. Principal Business Addr ss: ~~ E;-Mail Address: ~L.S-- l~l''). ~DL-J?'L) ~/lbl. 6. Are you a registered voter? \ c: so, where are you registered? "'<{ \L rl -Il,,<. 7. What Board(s) are you interested in serving? Please list in order of preference: . . l.o~ W. ~11 \ ~(.m> e L R-D S"tt". & l S. Home Phone: Business Phone: Name A-DA-.v.. City... 1..Jf:. CitY. 'DELJ City ~OCA /?; €A t+ !J4kt+ M.L L State Zi) Code Fe 3 '1 '1 r-- State Zip Code FL 337'n State Zip Code FL n~JL Fax: " Cell Phone: ~~l- ))1.) sql.[~ ol'tu "l,c.c. ~o f"l~ - It'v-) 1L<.\V''-~'\ <5 \~_ o~ ufo" ~ <(Vo~-r~:> 8. List all City Boards on which"you are currently serving or have previously served: (please include dates) -- 9. Educational qualifications: { r-r t.\.c.~ <>(" 0(- f1..^--\';> ~ I k D(,.,..<;~ UA.J(V<AS ~ fl '\ 0 c:>t.... \b r U"" I V <:...A H 0 ("- To (t;..Db 10. List any rdated professional certifications and licenses which you hold: A-\~ v.... - - ( - r \ 0"- tl-'\, 11. Give your presep);. or most cent employer, and position: <).L fr (.--. ~ ell'-' ~ 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 co~' in ::ITca.~:\:O. .y . au e forfeiture upon my part <:,f anY appoin~ent I~yreceive. . .. .. ...... .. . .".. .. ... , . .l,,,l ~~. ( ;) r ... l : :" ," ,":- ,.~. ~ ..... ~'. . ....>,,' . - . .... . - ~ '-, \. .,~'..... SIGNA'tORE DATE.. . \ .' Note: This application Will remain on file in the City Clerk's Office for a period of2 years from the date itwas submitted. It will be the applicant's responsibility to ensure that a current application is on file. SICITYCLERKIBOARDIAPPLICATION ADAM FRANKEL, P.A. ATfORNEY AT LAW 200 WEST P ALMETfO PARK ROAD SUITE 201 BOCA RATON, FLORIDA 33432 PHONE: (561) 302-5325 FACSIMILE: (561) 394-0140 EMAIL: FrankelLaw@aoLcom ADAM L FRANKEL Born Toledo, Ohio, December 9, 1971; admitted to bar, 1998, Florida; 1979, U.S. District Court, Southern District of Florida; 2001, Education: The Ohio State University (B.A., 1994); The University of Toledo College of Law (J.D., 1997). Member, The Florida Bar Association, Florida Association of Criminal Defense Lawyers, Palm Beach County Bar Association, Palm Beach County Criminal Defense Association. Practice Areas: Civil Litigation; Corporate Law; Commercial Law; Criminal Law; Fraud Analysis. Areas Of Practice: Civil Litigation Commercial Law Corporate Law . Criminal Law Fraud Analysis Representative clients are in the following industries: Gaming Industry - Domestic and International Investments~Stocks/BondslFor~ign . Restaurants and Clubs Stocks and Trades - Domestic and International Professional Experience: Adam Frankel, P.A., Boca Raton, FL Solo Practitioner, 2001- Present Areas Of Practice: Criminal Defense; DUI; Misdemeanors; Felonies; Drug Crimes; Assault and Batteries; Parole and Probation; Traffic Violations; Domestic Violence; Contracts; Commercial Law; Civil Litigation. Office of the Public Defender, 15th Judicial Circuit, Palm Beach County, FL Assistant Public Defender, 1999 - 2001 Represented indigent individuals accused of criminal acts in Palm Beach County, Florida that were not able to afford an attorney in an office that handles more than 50,000 cases a year. Appointed County Court Chief of Division "L" in 2000-2001, which handled one of the highest misdemeanor caseloads in Palm Beach County. Served in the intake division located at the Palm Beach County Jail handling client's First Appearances in front of a judge within Twenty-Four of arrest as well as misdemeanor and felony arraignments for clients in custody. Represented indigent individuals at the South County Courthouse located in Delray Beach Florida handling primarily misdemeanor arraignments, DUl matters and misdemeanor non-jury trials. Education: The University of Toledo College of Law, Toledo, Ohio, Juris Doctor, 1997 The Ohio State University, Columbus, Ohio, Bachelor of Arts, Political Science, 1994 DRRAY BEACH .......'" ***** P r(' ahm. !(z/.~~L ~~tflcL./~ CITY OF DELRAY BEACH d-/;:2t.j-lJ~ BOARD MEMBER APPLICATI6tiCEIVED MAR ? 4 20D5 errv CLERK m~ 1993 2001 Please e or tint the folIo 1. Last Name: 5 \ + cl'\us.e.r 2. Home Address: &...J5S5 A NW 3. Legal Residence: information: '3c-cl S \- r ee..-\- Name G\ e. 'f\ t"\ City Dc.\ ('(A City B e..o....c... ~ State fL State MI. (Y) Zip Code ~~~'\ Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 5bh, h\-'Ob-0553 6. M~fou a registered vote\f e.. S If sObw;,;: are Y0~\fte~d? vb 7. What Board(s) are you interested in ~erving( P~e list in order of preference: * PO\ICe. ...r F'f~ Baa.ed o~ I t"u S+t!e ... -:t:" )<,l'"\CW ocJ c.o..n .00(',,\ e~"~ . I <> "" Vlc:.. o(;..~J.... o...-\- <L -t\~e... c:;;..V\cl nO"".J~ e..x er e.V\ce Wl!-~ l o('~ . ~(so",A.\ '-7 List all City Boards on which you are currendy serving or have previously sfCV:!p: (please include dates) , Co e- €..,-roc-u....,e....+ \3oo....~a. &-\ O~ 5-\-\\\ 0,,", c.cc\.e.. 'Boo..~o.. 9. Educationalquali6.cations: .we f'(\ep~a.."",, H\~'CJ ~c..~oo\) .rO~'" Io.'LC~He.~e... c: C~\M"""lt1~\ Ne.lIJ '/0' c.,\- \('"<:' A c..~J.:e.,"" Nc>...Sf~lk\J Coo...-t Sut.'hc~ \-l(e, S e..t""\e<.- Rc.a...J.~"", <<A.o&.o.\ls. ":I:'S.\o...",~'l 6('"on)( "-1'( e-T"'~(\.5e. ....J " Ce.('-\-' L- Aw .:::!: CCL\\ ,-\- L~vJ \0\ ?Dbse.e"e'c o( 6y-t")oV"\+~s \:)~fo(e. o...-nJ-.,wo.Jld, -l~e.~ -? 11. Give your prese~t, or most,recent employer, and position: ::t: h a.oJe ("e.+~re.d.. 0-5 a... L.1~o-\e",~~:\- f (" 0 M + \, e C \ -\- F \ ("G. t:>e 0..< -\-"'" c......+ 0 n 3/~ S e. eo ~ ~ ",-c..'" Co J.... ~ cl 0. -\~ P1~cl.1 c:..... \. 0..150 ha.tJe..<.c 5 Diso.bl 'f . ' e",-\- ~o...Y\" 1""\o.,,~h~ l~ t CQ....-\- C)~ +\.~ --J . 12. Describe exeeriences, skills or kno~edge.. Which qualify you to serve on this board: (please attach a brief resume) ::I:" senT.:S ..... e..o.:~ ~ \ '" C<"" \ ~ ""'" \ ~ 0.....\ ~ ~("~ of , +\, -t.. CO\)C \-s oJ c..n~.. Q. c::..\<; ~ <.. OQ f" -to b urst-'';~. T "" -L b \JfS-\- of- fJ,e.. $.. s-teW'\ 'c..J. +0 0.. ~.c,,.j wet 0 ~"'''''Q''e. ~#e. s../ress rOM crl/""7M~1 CO<J(+ ~ck -.;;?'e:~'~'e ((lni c +"'~ L enlo.) -? I hereby certify that all the above statements are true, and I agree and understand that any misstatement of materuu facts contained ill this application may cause forfeiture upon my part of any appointment I may receive. ~ /YJ ~ 3-2~-o5 .. 'iGNAWRE DATE Note: 1bis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYaJ!RK\BOARD\Al'rUCATION 1. 4 to(" +we""{i ,ea.fS {O -1 v.>o-r~ w~.\\.. .+\.,c,... ~Gw "ic:;"k c~hl c..onsv' \ "" bo-\"'- cc-,,,..,.....''''a.l COU(~ .c.",cl +\,(, fV\v;(o.,t;l'J~.r1.fA.1 Co,^,~('o\ Ooo.-~J... \ \ -., f-1 e-t.> ~o~ ~ C .~~..., f'lf elf e,Y"'I s,~." BoO-~ J... v.J \..., ~ '" :5 "'" 0.. ole...- V p <3 f- ".H/,~ Boa.<d. o~ F,<~ ~e~\- (\"\ti~ c''-J,'Ha..", o..",c.l ~'(''!.i <:I~~'Ce.-rSl ;1\'1 .'\rlt.;'cls sc;:...;J. ..t-"',s, <..J~S gc-eo..-\ 'T. -tov~\..~ .iro S.~o.-'i '''' -\-\..e. ~ch "'I. : lo~lta. \ 2 Co'" +<0 \ f>oo.(J.. : AV"\'1 to\\ow up clOCU/'V"le-......+a.+'o.'" Yco<J:d.e..cl I~ oeed.e..o\. :! #!- ~ ~ 561 4990561 f!jJ 2/20/00 C9 18:46 ~ 1/2 Glenn M Schuster 4585 AN. W. 3rd Street Delray Beach) Florida 33445 (561-499-0561) Summlll)' of Qualifications: Dedicated professional with twenty years experience. Through knowledge ofNFP A, New York City and building codes, labor laws and health codes, Fonner EMT FDNY, recently I have taken the Florida Fire Inspector and EMT courses. Through knowledge of fire suppression and detection ststems of all types. . Excellent reputation among superiors, city officals, builders, architects, contrators and attorneys. SJuup and creative in problem solving and needs assessment. EMPLOYMENT HISTORY 3193-4194 Econooaribe Consolidators Inc. Miami, Florida Assistant Manager Assistant in managing one hundred fifty thousand feet of US Customs bonded space. Supervised warehouse empolyees, taught safety and security principles to staff. Maintained accurate inventory and shrinkage control. 11191-11/92 New York City Fire Department, New Y ode,New York Rank. Inspector Prefonned work in the conduct of inspections to detect violations of laws, rules and regulation which are intended to reduce or elim inate,fJre and explosive hazzards or assist in extinguishing fire. Prefonn related wode, conduct inspection and investigation, research national and New York City fires as well as health codes and labor law. Issue summons and violation orders when necessary. / 3/87-6/90 New Yode City Fire Department New Yode, New York Rank Court Representative Evaluate building owners compliance with the New York Fire Prevention, NFP A; prosecte owners for violation, conduct interviews and investigations~ research applicable codes to prepare case. Recommend penalities and suggest time for compliance. 3/85-3/87 New York City Fire Department, New Yode, New York Rank Lieutenant Developed and implemented procedures to track down builders that were in violation of The New York City Fire Law HanbookSupervised and trained Enforcement Agents; served notices; conducted title searches and investigations maintain accurate service records; advise management of areas requiring futher analysis. ". Education WC Mepham High School Bcllmore,NY U7l0 High School Diplomia ]980 , lohn lay College of Crimminal lustice 889 10th Avenue . Major Fire Science 1980-1986 New York City Fire Department Randalls Island Bronx NY. Fire fighting. Fire Inspection, Officers School Nassau County Fire Service Academy Bcthpage, NY Fire Fighting Advance Truck Advanced Engine operations EMT " ~ ~~ 2./08/0\ 04!17!~005 OO:~3 1561~436344 . - - - - - -- - ... . ....... .. ..-.- ..... -... ...,. ., -..... SAII[I',' '3 I MOl I PAI"E (:C , 1993 2001 CITY OF DELItA Y BEACH BOARD MEMBI!R APPLICATION 1//'61 d) :". 51}.U)1-J Name~M 2. ~41~O t1ACPAe~p:_ V~ ~~L-~\. 15 3. Lr.gd~: p 1f4-(; Gty __ .3A-M..e- 4. Ptia.ap.l BUlinea.s .AddLClIII: . t tbe foDo ~ uuagudoQ;. '1;.- Sa.u ~: Zip COlk I l City ~ r 1 hueby c:.c~ ch'~cali-thc abo C'OCJ";1\c:d in' . ~ . )t1t!31c) A1IO ~OOZ8 l ~dV (j;3f\.13~3l:1 , ;. MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER t1V1 AGENDA ITEM # '\ t-t'- - REGULAR MEETING OF TUNE 20, 2006 - APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION TO: SUBJECT: DATE: JUNE 16,2006 The terms for regular members Ms. Dinah Stephenson and alternate member Mr. Edward Desmond will expire on June 30, 2006. Ms. Stephenson and Mr. Desmond will have served one (1) full term are eligible and would like to be considered for reappointment. The terms will be for four (4) years ending June 30, 2010. Pursuant to Section 35.032 (A) (1) (a) of the City Code of Ordinances; the Commission shall be composed of three members and one alternate to be appointed by the City Commission. Members of the local Commission established pursuant to this division shall be appointed so that the composition of the local Commission is as follows: One appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employers; one appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified as representative of employers or of employees or employee organizations. Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office. The appointee need not be a resident of the City of Delray Beach. The following individuals have submitted applications and would like to be considered for appointment. Edward Desmond Incumbent Gerald Franciosa (also applying for the Police and Fire Fighters Retirement System Board of Trustees, Community Redevelopment Agency, Downtown Development Agency, Civil Service Board, Police Advisory Board, and the Board of Adjustment) Dinah Stephenson Incumbent A check for code violations and/or municipal liens was conducted. N one were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Montague (Seat #4), and Mayor Perlman (Seat #5) for one (1) regular member and one (1) alternate member to serve four (4) year terms ending June 30,2010. Recommend appointment of one (1) regular member and one (1) alternate member to the Public Employees Relations Commission for four (4) year term ending June 30, 2010. 01/06 PUBLIC EMPLOYEES RELATIONS COMMISSION (pERC - 4 Year Term) TERM MEMBERS CLASSIFICATION OCCUPATION TELEPHONE EXPIRES REPRESENTING 03/13/2008 Sidney Grossman Employee Retired/Law Home: 495-2487 Unexp Appt 04/05/05 6269 Pointe Regal Circle Enforcement Cell: 699-2446 #302 Delrav Beach, FL 33484 01/29/2010 Lorraine Kasper Employer Retired/Educator Home: 750-0609 Appt 02105/02 4641 NW 5th Lane Reappt 01/17/06 Boca Raton, FL 33431 06/30/2006 Dinah Stephenson Neutral Member Real Estate Home: 637-5955 Appt OS/21/02 reg 4785 Tree Fern Drive Office: 369-3757 Appt 02/19/02 unexp alt Delray Beach, FL 33445 Law: 417-7111 Cell: 441-5554 731-0231 ALTERNATE 06/30/2006 Edward Desmond Neutral Member Retail/Business Home: 496-3596 Appt OS/21/02 5473 Grande Palm Circle Owner Office: 243-6288 Delray Beach, FL 33484 Cell: 445-9322 GENERAL COUNSEL Secretar.y 1. Jeffrey Pheterson, Esq. Office: 241-0414 Britney Christian Buckingham, Doolittle & 300-0462 Appointed by PERC Burroughs, UP, Fax: 09/13/91 5355 Town Center Road Suite 900 Boca Raton, FL 33486 Contact: Venice Cobb 243-7056 S/City Clerk/Board O4/PERC ***** I d..-\ d-.o l DI RECEIVED CITY OF DELRAY BEACHJEC 202005 BOARD MEMBER APPLICAI~LERK DEt.R.AYUEltCfI . . i. 0',:11; _" 0:,,'.... .~ 1993 2901. e~~/~ M.I.e State Zip Code 4. City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6/- r'7'S - 7>.3 ..;;2... 7. ~tUJ~ 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) ~ti 1// /Jj I S~ / ~.vol 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) p~~s~ BtPp q -qaL~d I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in -'p - - 'y cau::..:tJ" upon my part of any ,ppo;ntment; ;~;~S- DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s\cITYCLERKIBOARDIAPPUCATION EDWARD C. DESMOND 5473 Grande Palm Circle Delray Beach, Florida 33484 (561) 496-5393 1999 - Present 1996 - 1998 1989 - 1995 1987 - 1989 ) 1977 - 1983 1972 - 1977 1965 - 1972 1964 - 1965 1959 - 1960 1957 - 1959 1955 - 1957 1954-1955 PROFESSIONAL EXPERIENCE CARDINAL FURNITURE, L.L.C., Delray Beach, Florida Owner C.T.P. FURNITURE, Stratford, Connecticut Vice President - School Division DMS ASSOCIATES, Fairfield County, Connecticut Management Service Consultant TOWN OF WILTON, Connecticut First Selectman (Elected Office) WILTON PUBLIC SCHOOLS, Wilton, Connecticut Director of Management Services WESTPORT SCHOOLS, Westport, Connecticut Comptroller DANBURY PUBLIC SCHOOLS, Danbury, Connecticut Assistant to Superintendent for Business/Finance SOUTH SCHOOL, New Canaan, Connecticut Teacher , PLYMOUTH STATE COLLEGE, Plymouth, New Hampshire Principal of K-8 Laboratory School, and Director of Student Teaching Supervising Teacher CONWAY ELEMENTARY SCHOOL, Conway, New Hampshire Principal PINE TREE SCHOOL, Center Conway, New Hampshire Teaching Principal 1983 - 1986 1972 - 1977 1960 -1964 1970 -1972 1966 - 1968 1956 - 1958 1950 -1954 . ) .' ./ OTHER EXPERIENCE SmaU Business Owner Westport, Connecticut FAIRFIELD UNIVERSITY, Fairfield, Connecticut Teacher of Graduate Courses in Negotiations UNIVERSITY OF BRIDGEPORT, Bridgeport, Connecticut Teacher of Graduate Courses in Finance Owner- Real Estate/Construction Business Plymouth, New Hampshire Park Commissioner (Elected Office) Plymouth, New Hampshire Precinct Commissioner (Elected Office) Plymouth, New Hampshire Alternative Representative to House of Representatives Plymouth, New Hampshire EDUCATION National Association of School Executives University of Bridgeport, C.A.G.S. Boston University, M.Ed. Plymouth State College, B.S. PROFESSIONAL AFFILIA nONS · Connecticut Association of School Business Officials President-Elect 1972-73/ President 1973-74 · Connecticut Association of Superintendents · Conway Teacher Association President 1955-56 · Danbury Association of School Business Officials President 1970-71 / 1978-80 · National Association of School Business Officials . Phi Delta Kappa Vice President - Bridgeport Chapter 1972-73 · National School Supply'and Equipment Association · Boca Raton Chamber of Commerce . Delray Beach Chamber of Commerce . "Council of 100 Club" · Public Employees Relations Commission, Delray Beach 2002 · Palm Beach County Republican Executive Committee 2002 FF'Cij'] : c;ER-~;HI1 V" / l.I~ ,. 'J;) 111 ~, 1.,: :};} 1" AA ~ III ~;,! :j J t'lll HU'3. 04 200~7~!;Y ~tff; CITY OF DELRAY BEACH E.CE.\\1E.D BOARD MEMBER APPLICATIO~ 4 1\\\}'i . . t>..\\G - "'. v c\-~~ crt, . F.=!:< t 10. : 5612660746 t: 1 n: C Ll::l{!\ OfUtAY n~.ACH ~ ;qfr 1993 2.001 Ple:a.se type 0.1: print the following inforDJarion: 1. Last Name: tJ ElIE {'T 3. ~ lWidt:n~: S ~ 4. P.cincipal.BwililC'Ss Addres3: City 2. City City ShLte Zit' Code I' 1- Rome Phone: . ~ bl 'J/t /, 0607' 6_ ALe you ll. .z::egist<:.red. vot.=i' Bw;;iues5 Ph.one: 7. What Boar;d(~) ;u;c you interest / frJV' C Vk7rn ; cf . 8. list: aU City Boaroo 00 which you ue euo:eudy s~g Of have pccviDusly ~CCV'ed; ~ indlJ!:k: d:a~) ;/0 W . ~~ti~q~.c.&tio~s; f3 to. Gst any .related profensiowU ce.rtifica.ciC'Wl anc;i liccOSQS which y(.tu holii l'i::-Glve y~w: pral~t, or mO$t tecent employer. and position.: ~., .td 12. D~cribc aperieJ.~. skil1& <,)1' l;no'Zliedgc wb.i& qualify' yolJ. to save: ~Il chis bOiUd: (ple:uc :a.cnch & bUd' nsUIIlc) . OJ! J:O f!- L;'" application will r~main on file in tb.<:: Cily Qa:k?s Offic.c for;I, pet!od ot 2 Ydt'S from the d:2.tc it ~ bmil!l:~. l( 'Will be the applie;ane:; responsibility to Cnsurc'dJ.at a. c:w:ren.( :!f'p1i.~ is OQ file. . S'oC:IIYa.JlD.JolIQA.Ul....~UCAnON ) U;}': .10': ",UU;) iU: '1U 1"AA .1;)\).1, .jiiO;).j V~J~~~V~ r~L ~~~.U C4A ~Q~ _~~ ~ll~ 1"IK::>1 1:.1,l1l11:i l11L1:. \..1 1'1:: \,;U;:;lU\. 141002 141 005 OE1.RAY BEACH '*'*7....+ o/l/fia~A.# CITY OF DELRAY BEACH 5/!{:7/fTl BOARD MEMBER APPLICATIONRECE"lED MAY 1 6 2005 . L 0' .. . _ ... AUmericaClty "II I! 1993 2001 2_ Home Address: 'i 3. LcgalRe.sUknce.: infOJ:Inanou; fi~rVI .0(1 v~ Ci'Y b;t\Q~ be l v~( JC.uJ" 1. N:une City 4. Ps:inc:ipaI-BnsinC3$ Adda::c3a: ) 771 ;;1vh g(dL;t N- E-:Mail Address- Cdl Phone; Fax: (f..5f~h(vtJOk~{;~Yf /'7 S'II '1'11- S-.fY"{/ )--r.;- 73j-IYJ If so) where :il.t'C you .tegisttred? . / 1f . rC'C/nCT 1(0.7.:2 City JJ~l Sca.Ce Zip Cod~ 5. S1/- 1037 -')'95-S- 51 / - 7]/- O~J / 6. lue you a .registcred votcr? :f]y;?, I:S 7 - Wlut Board(s) are you il\retesC'.ed in serving? Plea.se list in ocda o~ preference::: - C . j/ -( . 14(.. 8. 9. Educatiowl qualificuions: II -? 10- List any rcla.ted pwfessiorur.l ce.rrifiOltlOns an~ licenses which you hold: . \, (' {(( . C. 'l 11. Give row: present, or ~ost J:~ em.ploy~ and posici.()~ /} - - ....:-.1 -. c Lt.-C ffe / '12 Describe erpd,ences, slcills or knowledge 'wb.icb. qU2lify you to s~e. on this bo:ud: (please a~ch a brief rtsome) /. '. (/ .'. rr I hereby ~ that :ill the :above St:a.l:oalalCl are ttUe, and 1 2gr~ and undcrst:ao.d thnt -.my misstatement Qf Jllilta.hl (acts contain in. this applio.6on 'may ClUSe: fOI:fci.tuce. upon my part 0 f any :a.ppointm.ent I may.ro:::.eive:- , .5~//~ /05 DA"IB' / <e: This 2Ilplication will remaiu on 1ilein the. City Clerk"s Office fO.(.3. peOod.of2 ye:u:s from the date it:W2S submio:e~:l It wiIl.be the a.pplicao.t's responsihilio/ to eO.suie th:a.t a current appliGl.Uoc. is on file. . S'at"Vrf -""",^~(>UCA1JQN Q"I'1()~'.cQQ" 1Q. -t:1 r..-:U'l .1."01T"110.,.., rZ~OT DQUX~A TITLe ~QQ<!) Dinah S. Stephenson, Esq. Edueatlon December 1988 University of Miami . Received Juris Oodotate (J.D.) Miami, FL May 1981 University of Alabama . Received Bachelor of Science (B.S.) Tuscaloosa, Al Work expel ieoce 2002-present First Equity Title, LLC. President . Responsible for daily management and legal functions of the company. Overseeing all settlement transactions from initial searches through post closing & Issuance of title policies. 2001 - 2003 Attorney at Law for Scholl, Ticktin & Assodates 2001 - present Broker/Owner of Destinations GMAC Real Estate which is now Exit Realty The Destinations Group 01/1992 -09/2001 D. Stephenson Construction, Inc. Vi~ P. ~ident, Chief Admin~...tI..te Oftk:er . Responsible for daily management . scheduling, coordinating and general supervision of all administrative and legal functions of the company, including contract administration. Also overseeing workers compensation and other personnel issues. 1993 - 2001 Stephenson Realty. Inc. Miami FL President,. Chief Executive Officer. . Responsible for ~ulsitions, coordination of reat estate management, comraa negotlallons. reaslDlIrry analysIS, ana aallY accounting and supervising of all rompany owned commercial property. 1990 -1998 Stephenson Merchandising and Marketing, Inc. VICe President . Responsible for supervising mefdlandising of products and supeMsing dally functions at Amoco Gas Station, induding personnel issues. FIRST EQUITY TITLE 05/16/2005 10: 41 FAX 15617311853 Organizations & Community acdVIUeS Volunteer experience 141 004 1988 - Present DDS Investments, Inc. Miami Fl Vice President · Responsible for acquisition of commerdal properties, coordination of real estate management and contract negotiations. 1988 - 2001 Attorney At Law, Miami and Ft Lauderdale · Responsible for handling Real Estate acquisitions and feasibility analysis. Continuous involvement with Real Estate management and administration. Practice includes aU aspects of Real Estate Law, Guardianship, Corporate Law, Construction Law and General Practice. The Florida Bar - member National & F1arida Rn::Irrf nf RP.;tlln~ City of Oelray Beach - Public Employees Relations Commission Boynton Beach Chamber of Commerce Boynton Beach Chamber delegate for Boynton Beach Sister Cities, 'nc. Museum of Lifestyle and Fashion History - Board of Di~ 8. Secretary Friends of Northwood Professional Advisory Council Rotary Club of West Palm Beach ~usiness Development Board - Presidenfs Level Dwights computers for kids program United Cerebral Palsy MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGEROfV\ AGENDA ITEM # \0 A - REGULAR MEETING OF JUNE 20, 2006 ORDINANCE NO. 35-06 TO: FROM: DATE: JUNE 16, 2006 This Ordinance is before Commission for second reading and public hearing for a 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. The amendment will apply to all new requests for grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs, and/or clubhouses in residential communities. The amendment, which will also require the retrofitting of most existing facilities with varying timeframes ranging from two (2) years to six (6) years, is being processed to ensure public safety and the availability of necessities in the aftermath of a hurricane. On May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend to the City Commission approval of the proposed amendment. Staff recommends approval by adopting the findings of fact and law contained in the staff report; finding that the request is consistent with the Comprehensive Plan; and finding that the request meets the criteria set forth in the Land Development Regulations (LDR) 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on June 6, 2006, the City Commission passed Ordinance No. 35-06. Recommend approval of Ordinance No. 35-06 on second and final reading. S:\City Clerk\agenda memos\Ord 35-06 Generator Critical Facilities 062006 Kucmerowski, Carolanne Page I of I cl( fIJ1 From: Barton, Terrill Sent: Tuesday, June 06, 2006 10:56 AM To: Harden, David Cc: Koen, Kerry; Kucmerowski, Carolanne Mr. Harden, Attached please find the revised ordinance regarding generators. 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 6/612006 ~~ ~~~ \0\d\~W\UL NC)" 3C5-0lo~~ l~~ 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 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 ELEV A TORS"; 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 De1ray 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 Delray Beach, Florida, be, and the same is hereby enacted to read as follows: eLL) Kidney Dialysis Centers: (1 ) Generators: (a) All new kidney dialysis centers that apply for a building permit on or after July L 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 reauest. Section 2. That Section 4.3.3(LLL), "Pharmacies", ofthe Land Development Regulations ofthe 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 L 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 coolin~ 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 L 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 L 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 deoendent 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 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 L 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 ~rior to July L 2006. shall provide auxiliary power generators for all interior corridor lighting and exit signs and at least one (1) elevator within three (3) years ofthe 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 eauipment 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 I. 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 reauest. 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'I1!-.J-?r1t:-~ tr- 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 Development 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 \~e.. [ITY DF DEI~R y E [ CITY ATTORNEY'S OFFICE i \\\ j,:\VI\' i i i l~.W BEACH, FLORIDA 33444 ii i'lli )\1 :'(, . 1.\('S]\:IILE: 56]/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH F lOR I D A IIa8.d All-America City , III I! DATE: TO: 1993 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 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. LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and no specific goals, objectives or policies were found. 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 LDR 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 ~1 [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE ::'()() NW 1st f\YE"iUE' DELRAY BEACH. FLORIDA 33444 !ILEPI!O"iE: 561 i::'4.'-70l)() . FACSI MILE 561/278-4755 DELRAY BEACH F l. n RIO 1\ t&e.d All-America City Writer's Direct Line: 561/243-7091 " II I! DATE: MEMORANDUM June 15, 2006 1993 2001 TO: FROM: City Commission David Harden, City Manager !'.--~ Brian Shutt, Assistant City Attorney SUBJECT: Revisions to Ord. 30-06 Ordinance No. 30-06 is currently scheduled for a second reading on the June 20 City Commission agenda. However, after first reading staff reviewed the language under section 4.4.3(1)(3) regarding storage sheds and modified the language to provide that no structure/trailer/shed shall exceed 10' x 12' in size. The change was substantive enough in nature to require a new first reading. Therefore, this ordinance will replace the prior Ordinance No. 30-06 and will have the first reading first public hearing on June 20 with the second reading to occur on July 11, 2006. Our office requests that this item be placed on the June 20, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Lula Butler, Director of Community Improvement Paul Dorling, Director of Planning and Zoning \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 DELRAY 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, onlv one extension shall be allowed for any permits issued for construction occurrina in a sinale family district as set forth in Subsection 4.4.3(A). All construction shall be completed within 18 months of issuance of the buildina permit: unless evidence is presented that a shortaae 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 Buildina 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 one hundred percent of the oriqinal buildina permit fee. which shall be paid prior to the arantina 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 aaents and/or contractors. which requires a permit from the City and which occurs in any of the 6 sinale family zonina districts listed under Subsection 4.4.3(A) shall adhere to all rules. reaulations. 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 Q!!1 (2) Work is prohibited on Sundays and the followina holidays: New Year's Day. Memorial Day. July 4th. Labor Day. Thanksaivinq Day and Christmas Day, (3) A temporary trailer. buildina or storaqe shed shall be allowed on site from the time a permit is issued and until the certificate of occupancy is aranted. No more than one of these trailers/structures/sheds shall be allowed on the site at the same time and the size (footprint) of the trailer/structure/shed shall not exceed 10' x 12'. (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 warninas 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 maanitude that the debris cannot be maintained in a safe or orderly manner on site. Dumpsters containina construction debris shall be promptly emptied when full. When full and waitina removal. the Applicant/Owner must cover the dumpster in an appropriate manner to prevent trash from blowina into neiahborina 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 durina construction to ensure that no water flows onto neiahborina properties. (8) Portable toilets are to be placed in as unobtrusive a location as possible, so as not to affect neiahborina 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 parkina should be on the iob site when possible. In addition. parkina is limited to the same side of the street as the site and confined to the property boundaries when possible. No parkina 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 followina holidays: New Year's Day, Memorial Day. July 4th, Labor Day, Thanksaivina Day and Christmas Day. (12) Streets adioinina 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 protectina and c1eanina City drainaae systems of construction dirt and debris. upon reauest 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 leaal remedies available to it to enforce Section 4.4.3(1), includina 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 Reaulations 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 Read ing 4 ~ TO: DAVID( ~E , CI PAUL ~~UNG, DI'REC OF PLANNING AND ZONING THRU: FROM: 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. 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 b~lance 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 andconstructiori 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 LOR 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 LOR 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. 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 Section2.4.6(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 MEETING DATE: MAY 15, 2006 IV.D. AGENDA NO.: 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 bui.lding 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 2.4.5(M)(5) (FindinQs): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. 2 Planning and Zoning Board Staff Report, May 1S, 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 moming 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.S(M)(S). 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/RestrictionsJ, and Subsections 4.4.3(J) [Violations of 4.4.3 (I)J 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.S{M)(S). 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 LDR 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 r BEACH PROPERTY OWNERS' ASSOCIATION, INC. Dedicated to the Preservation and,Enhancement of "Our Village by the Sea" ~\-~ ~~'\r ~- Mr. Paul Dorling, Director Planning and Zoning Department 100N.W. 1st Avenue Delray Beach, FL 33444 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 I 127 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 ofl016 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 Conunissioners Thank you for your consideration, 6P4,c/h~ Serving residents of the beachfront since 1967 //~7 /11/~A ml'lt<. -Y~/V~ /v/&' ~.. ../ ...j" .~""'j >1'..1\. '\ ---"~:*' "~ /7 n I"" -d .:J /-:.. Vi''') i V <.; lJ iJ I ).:1) ;" IJ C. j) E /!~-t7 II ;:::.- F-? 5 rL "5.5 () iv ' L/l1> r /3 u''- ,.::"V /,"1) ~ ,7'/;.)..s /'ecri c AJ 5EI'T ..;2cd:::J... GjCr~ dJ. (:..; c~ "j /) ,".A ~ E)< p/ ;t!. ;.-:U -~ //.1;3..,-,::1" ; ( .4./0 /7" ~_ ;({~/-IC-r/I/i4rC:V f" €'(x.. rH ,.. f:c=6, .;::L OC "", ./,.." f'r1c..~'" ,. i,.;' ",",).c.~.'{.;.:. ;~~ :;- rJ. ~/ '1.'7 ! ,",y.f~ .~. f-;';', ~~~; f!... .. ..1 ...---'-',.....,... ";:.I",' 11.> .', /tJ/,S-/lZf/Lcfl ..~ /f U /3Uil...Ui;<jC ;J€,e,nlf /9/ZSf':Ls.sui0:. /I1;1/L.;1..CI lfi'5 r /3(..u' t.. 7); Ai b ....L,vsi'e::..niJ I..) .Tv ;\,) ,;;l () c ...y€5 MEMORANDUM TO: FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER rJiv\. SUBJECT: AGENDA ITEM # \ Oc.. ORDINANCE NO. 34-06 - REGULAR MEETING OF JUNE 20. 2006 DATE: JUNE 16, 2006 This ordinance is before Commission for second reading and public hearing to amend 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. At the first reading on June 6, 2006, the Commission passed Ordinance No. 34-06. Recommend approval of Ordinance No. 34-06 on second and final reading. S:\City Clerk\agenda memos\Ord 31-06 Amend 37.45 Code Officers 062006 ~ [ITY DF DEI~R Y E [ CITY ATTORNEY'S OFFICE '\\\ i \\'1 \ r R\Y REACH, FLORIDA 33444 , . JACSlvIlLE: 561/278-4755 Writer's Direct Line: 561/243-7090 i .~ '! il ,1>.. L :::.i'l DELRAY BEACH F lOR I 0 ^ DaI:II All-America City , III I! DATE: 1993 TO: 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 ofthe 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 Delrav Beach Code of Ordinances. as may be amended from time to time. any applicable sections of the Minimum Housing Code, SBCCL 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. (d) "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) bv certified mail. return receipt requested. by hand-delivery or posting. or as provided in this ordinance and Chapter 162 of the Florida Statutes. (f) "Law Enforcement Officer" means any authorized agent or employee of the City's Police Department. (C) Civil Offenses/Penalties: Intent and Purpose. 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 bv civil penalty as provided herein. The civil citation process is intended to supplement the code Enforcement Board process and other enforcement processes bv 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 Hearin2 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 Hearin2 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 his/her designee) shall provide legal advice to City Staff, if requested. 3 ORD. NO. 34-06 (G) Authority to Initiate Enforcement Proceedings. 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 his/her 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 his/her 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 ofthe 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; Appeals; 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 ofthe 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 of the 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) ScheduliD!! 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 regularly 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 hearing. 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 writing 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. (0) 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. (1) 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. (2) 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 ofthe 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. (5) 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 ofthe 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 payable 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 (1)17 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 of the 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 Penalty 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 30-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 Penalty 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 oflitter $150 $225 98.04 (C) Property to remain free oflitter $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 oflitter 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 Newsrack 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 1 st 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-I-A and 1-95 $100 $175 All other sections of City 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 U ses/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 (1) Prohibited signs $150 $225 All other violations of Section 4.6.7 $100 $175 LIGHTING 4.6.8 (A)(I)-(4) Lighting requirements, height, lighting illumination standards $100 $175 PARKING 4.6.9 (B)(I)-(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(1) Minimum requirements ( 1) General $100 $175 (2) Pruninglhatracking $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)(l) - (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)(I) 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 (B) Concealing work before final $150 $225 7.2.2 (C) U sing 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 PASSED AND ADOPTED in regular session on second and final reading on this the ,2006. day of MAYOR ATTEST: CITY CLERK First Reading Second Reading 22 ORD. NO. 34-06 MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # lOt) - REGULAR MEETING OF JUNE 20, 2006 ORDINANCE NO. 32-06 SUBJECT: DATE: JUNE 16, 2006 This Ordinance is before Commission for second reading and quasi-judicial hearing for a City initiated 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 S.W. 2nd Street, between S.W. 11th Avenue and S.W. 12th Avenue for the Delray Beach Neighborhood Resource Center. The proposed rezoning involves two (2) lots totaling 0.314 acres; Lot 11 was formerly used as a Police sub-station and Lot 23 is vacant. The former Police sub-station would be converted into a community center for the Neighborhood Resource Center (NRC). The NRC will be 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 includes the construction of an off-site parking lot on the adjacent lot. The subject properties are zoned RM which does not allow community centers as either a principal or conditional use. On May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend to the City Commission that the rezoning request be approved. Staff recommends approval by adopting the findings of fact and law contained in the staff report; finding that the request is consistent with the Comprehensive Plan; and finding that the request meets the criteria set forth in the Land Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5 (D) (5) (Rezoning Findings). At the fIrst reading on June 6, 2006, the City Commission passed Ordinance No. 32-06. Recommend approval of Ordinance No. 32-06 on second and final reading. S:\City Clerk\agenda memos\Ord 32-06 Atlantic Gardens Rezoning 062006 ~t.*- FROM: SUBJECT: DAVID T.~~ ~N..AGER PAUL DORLlNG, DIRECT~~l~LANNING AND, ~ONING JASMIN ALLEN, PLANNER ...J Joj /~Y\ ~~ 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 12 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 MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT TO COMMUNITY FACILITIES (CF) DISTRICT; SAID LAND BEING TWO PARCELS LOCATED APPROXIMATELY 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 163.317 4(4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY 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 of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 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 12th Avenue for the Delray Beach Neighborhood Resource Center. (Quasi-Judicial Hearing). \ ~f- ~ II I ~ \ 1[[ I I2ND EE ST E I I--- I-- - \s =~ ~g =, f-- --l~ I--- - h- -'~ ---, ~ = rli::::P=:----'- ~I~IN'W' 1:1'---''-='""'1''' 'I' == : ,\1--" " ::: I--~ z z ,,- z _ = ri1TTTfFl= ........ ""ATLANTIC AvrNUf _ WWlLJ . ATLANTIC AVENUE / Mr':'~~~Js __ l~llillli A ~ j!: '--- s.w, ~ 1ST j!: ST, j!: -~ - - e-- ~= ~, 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 Density 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.................... / S.W, 2ND ST, ~-L "'- " - ",- :;- -- .- ~T J SW', ~ \[JJ: ~Yli - -I-- -~-'--~ -",-'-- '" - -I-- - -I--- - i!;1-- I-- ~ - -I-- I--- - I-- I--- - "I-- I-- " .,; s,w,'sn.'or- " .,; '" " .,; " .,; 3. T '" " z OfLRAY ~ '" FULL SfRVlCf CfN TfR z i '1 S.W. 4TH ST, k..llURN ORClE . ~ Ii; => W ~ d .. " ~ '-- / ~URN 1/ OIl ~ 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. !!~i~Y(~~~~~W!J___?~,p~.kS~-=~~ ,. " , ' ,."" '"'' '"'' "" ,"F,,, " '" ., """",m" ,,,,,"u,__, ,",', _. . ' , """""",,',,""" """" ' """ . h, "" ..................___nm..............m....._._._._._._.,._._._._._._...._.........'....'._._."_'._,_,_,_,_,_,_,_'_,_,_,_,',_.<_.<_.<<"',"'''''._,_>>.<<_.<_.,_,_.<..,', m,_,_,_,_,_,,_'_'_'L',_,,-;_,,_'_ 'n _ 'n'_ __ .. ,"........ .. ~,','"-<...'."._,._._.._._._._._._,_,,_,_,_,_,_,_,_,_,_,.,_,_.,"c.,_,_".'_"_''''_'_'_'_'_'_'_,_,_,_,_,_,_,_,,,,_,_,_,_,_,_"_'_'_'_'_'_'_'_'_'_~'<_'_'._TO"__'_'_'_'_X"'~C'_"_'_'_'_'_,_,_,_,',_,',_.;X_.___m .. <.. .. ...... ........ .._"<<<'<<<<'<<<<<.<<'.<<<.~~""~' , ~ __ mm,_."..,,_,_,,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,)'jf" _ "" ,-, _,0,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_,_''',_, 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. D Future Land Use Map - The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. 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 LDR 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 LDR 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. D 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. D 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 Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. 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. LDR 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 LDR 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 Delray 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 12th 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 Icivic 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 Policy 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 infil.l 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 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 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 g' from the adjacent residentially zoned properties (Le. 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, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Zonina Desianation: Use: South: East: West: Medium Density Residential (RM) Medium Density Residential (RM) Medium Density Residential (RM) Single Family and Multiple Family residences Single Family ResidenceNacant Single FamilyNacant Single Family Residences North: 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 ~ I 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 Oelray 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 1 ih 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(0)(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. Attachments: D Zoning Map D Survey ,~w II I ~ r---- ~ - I--- \fr:- -~- I---~ v <- f---< ~ I I 30 ~ ~ f ~ ~ , 30 30 ~ z ~ ~ TLANTlC A VENUE , OS /~ GA TEWA Y MINI PARKS . J~-~ '1--- _ < ~~=~ S,W, /=~ -~ - ~- -- j ~~ < - -- - I- -tfj- -~ f----- - f----- -~n- r~ I I ~~d- S. W, 3RD CT.} -11\ - - \1 I - ~S'W' 4TH ST, I r I I--I ,L ~- -~- 1---1- fr: ~====~==~~ R J-~=:31fi1 ~ - S,W, 30 30 vi vi - - - - - - - - - - - - S,W. OELRA Y FULL SERVICE CEN TER CF N - CITY OF DELRA Y BEACH, FL PLANNING'" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- - --El. . ... EA- w .. .- > < . .-.. I W I- > Ol < 30 I Z I- ~ ::: - 2 liST III I <- i_II- 11[r= - _30t= 2- - ~A~CWBD [II]]]] ITIllIllJ]] - .-- ,- 'I--- I--- ~ I--- I--- < BP AMOCO I =- AVENUE ITIIJIIIIill = - - w > < - -- ~-- <- e-- f-- r-I"""" f- f- f- L- - - - - - - I- I- " - ~ <- f-- I-- I--- r------ I--- I-- f-- r------ '--- '--- -- -- f-- f-- f--- -- ST, -I 1ST :r: I- m :r: I- 10 .... 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I i">i">~ o I 1("') S!ooc: ffi~~~ oGlGlI: !2l30~ !:lc:;~c: c:::iiS;"" ~~li1lt! !2 ~g g!2 g ~~ N !II ~-~. saar ~ ~ ~ ~ ;;, Q. ~ ~ ot-- !/7F1f11tr ~ /'IlRK/1f'6 ~ .-:0. ~ 5,5' ~ :.:h;': C" ~ .<", "" -:;. il'16.0' 24.0' -t:.. ;{I, I:::l :i!f,': ~ '" ~ l'\ ~'1',,~ \,~~ ~:--&,~ ~~ -.~ ~ ~ mr- 50 o-l ^- mO ~ ~ ~ , ~ ,"f ~J': -:.' 6,fY. I\s),':, ~- : I::::,. :: 1: .. ... s.- ~ ~ . .~. ., \ ~ ,,: ~~"4 ~, ..;, ~i::i :;':~r '11' ~ 1\ ~ Q.~ '& 5(J. (J(J , o!?.s;~ /b /,";;&V //3'~-;;;;aJ ~ S> /'-~5--- .~~~-- I.\}"i:~ ~~tS ~~ I ' n .." :;! 0 ;;0 0 -l .., a :I: ,., I'T1 !;; m ~ I'T1 :z '" I'T1 ~ .." n ::; :I: 0 ~ MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERtft1 AGENDA ITEM # \O'E. - REGULAR MEETING OF JUNE 20, 2006 ORDINANCE NO. 31-06 TO: SUBJECT: DATE: JUNE 16,2006 This ordinance is before Commission for second reading and public hearing to amend Chapter 32, "Departments, Boards) and Commissions") of the Code of Ordinances, 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. At the ftrst reading on June 6, 2006, the Commission passed Ordinance No. 31-06. Recommend approval of Ordinance No. 31-06 on second and final reading. S:\City Clerk\agenda memos\Ord 31-06 Amend Chapter 32 Unity Co] 2nd Reading 062006 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER TO: SUBJECT: AGENDA ITEM # \ (j.... \::) 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 permit 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 ORDINANCE NO. 31-06 AN ORDINANCE OF TIffi aTI OOMMISSION OF TIffi aTI OF DELRAY BEAa-I, FLORIDA, AMENDING CHAPTER 32, "DEP ARTMENfS, BOARDS AND OOMMISSIONS" , BY AMENDING SECTION 32.06, "OOMPOSITION OF BOARDS AND OOMMITIEES; GENERALLY; SECTION 32.07, "MEMBERSHIP QUALIFICATIONS/REQUlREMENfS; AND SECTION 32.08, "LENG1H OF TERMS; RESlRICTIONS", TO PROVIDE TIIAT MEMBERSHIP OF A BOARD MAY BE ESTABUSHED BY RESOLUTION AND TO PERMIT OTIffiR aTI BOARD MEMBERS TO SIT ON TIffi UNITY OOLLABORATIVE; PROVIDING A SAVING QAUSE, A GENERAL REPEALER GAUSE, AND AN EFFECTIVE DATE. NOW, TIIEREFORE, BE IT ORDAINED BY TIIE aTY OOMMISSION OF THE aTY OF DELRAY BEAa-I, FLORIDA Section 1. That Chapter 32, "Departments, Boards and Cmmnissions", subheading " Advisory Boards and CDlnmittees", 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 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 (7) 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 Ci1;y 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 concurrently 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~ itfttl--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 thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO. 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 CITY CLERK First Reading Second Reading 3 ORD. NO. 31-06 [IT' DF DElRR' BER[H CITY ATTORNEY'S OFFICE __ POLICE LEGAL ADVISOR , III I! 300 w, A TLA:\TIC A VEr"WE . DURAY BEACH, FLORIDA 33444 TELEPHO"lE ')61/243-7x23 . FACSIMILE 561/243-7x15 1993 POLICE LEGAL ADVISOR MEMORANDUM To: City Commission David Harden, City Manag r From: Catherine M. Kozol, Police Legal Advisor/As Date: June 14, 2006 Re: Ordinance No. 36-06 Amending Sexual Offenders and Sexual Predators Chapter 136, Section 136.02 This is an ordinance which amends Sexual Offenders and Sexual Predators Residence Prohibition to provide for an additional exception to exclude persons who were convicted of the enumerated offenses prior to October 1, 2004 to mirror the Florida State Statutes. Would you please place this ordinance on the June 20th Agenda for first reading. Ath/encs. cc with Encs. Chevelle Nubin, City Clerk Susan Ruby, City Attorney Chief J. Schroeder Carolanne Kucmerowski, Agenda Coordinator ~ \ \~-A ORDINANCE NO. 36-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 136, "SEXUAL OFFENDERS AND SEXUAL PREDATORS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 136.02, "SEXUAL OFFENDERS AND SEXUAL PREDATOR RESIDENCE PROHIBITION", TO PROVIDE FOR AN ADDITIONAL EXCEPTION TO THE RESIDENCE PROHIBITION TO EXCLUDE PERSONS WHO WERE CONVICTED OF THE ENUMERATED OFFENSES PRIOR TO OCTOBER 1, 2004; PROVIDING FOR A SAVINGS CLAUSE, GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has determined that sexual offenders and predators convicted of certain sexual crimes pose a real and substantial danger to children and therefore, has provided for sexual offenders and predator residence restrictions for those persons convicted of violations which occur on or after October 1, 2004; and, WHEREAS, the Mayor and the City Commission to aid in enforcement, desire to establish an effective date consistent with that of Florida State Statute 794.065 and 947.1405; and, Section 1. That Chapter 136, "Sexual Offenders and Sexual Predators", Section 136.02, "Sexual Offenders and Sexual Predator Residence Prohibition", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 136.02. SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION (A) It is unlawful for any person who has been convicted of a violation of F.S. Section 794.011 ("Sexual battery"), 800.04 ("Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age"), 827.071 ("Sexual performance by a child"), or 847.0145 ("Buying or selling of minors"), or similarly relates to offenses if out-of-state, regardless of whether adjudication has been withheld, in which the victim of the offense was less than sixteen (16) years of age, to establish a permanent residence or temporary residence within one thousand five hundred (1,500) feet of any school, designated public school bus stop, day care center, or park. (B) For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a school, designated public school bus stop, day care center or park. (C) Exceptions: A person referenced in Section 136.02 {Al8{l} and residing within one thousand five hundrE;ld (1,500) feet of any school, designated public school bus stop, day care center, or park, does not c:omm~ a violation of this section if: (1) The person established the permanent residence prior to November 15, 2005 (the effective date of this Ordinance No. 75-05); (2) The person had permanent residency prior to being designated a sexual offender or predator. (3) The person was a minor when he/she committed the offense and was not con- victed as an adult. (4) The person is a minor. (5) The school, designated public school bus stop, day care center, or park 9F-within one thousand five hundred (1,500) feet of the person's permanent residence was opened after the person established the permanent residence. LID The person was convicted of the crimes enumerated in 136.02(a) prior to October 1. 2004. Section 2. If any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. All ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. This ordinance shall become effective immediately upon passage on second and final reading. 2 ORD. NO. 36-06 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2006. ATTEST: City Clerk First Reading on Second Reading on CITY OF DELRAY BEACH, FLORIDA MAYOR 3 ORD. NO. 36-06