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11-21-06 Agenda Reg City of Delray Beach Regular Commission Meeting ~ =::::J RULES FOR PUBLIC PARTICIPATION Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. Tuesday. November 21.2006 A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . November 7, 2006 - Regular Meeting . November 14,2006 - Workshop Meeting 6. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. Special Recognition Award - Vera R. Farrington B. RESOLUTION NO. 68-06: Approve Resolution No. 68-06 recognizing Brahm Dubin by naming the Delray Beach Tennis Center Clubhouse, located at 201 West Adantic Avenue, The Brahm Dubin Clubhouse. C. RESOLUTION NO. 69-06: Approve Resolution No. 69-06 recognizing Robert "Bob" Federspiel by naming the Southeast 1st Avenue Parking Garage, The Robert "Bob" Federspiel Parking Garage. D. Creative City Collaborative - Coletta and Company, Inc. 8. CONSENT AGENDA: City Manager Recommends Approval. A. ACCEPTANCE OF EASEMENT DEED/LINTON DELRAY. LLC: Approve and accept an easement deed between the City and Linton Delray, liC, granting a 12'x15' easement in which a water line may be constructed to serve the new McDonald's Restaurant being constructed on South Federal Highway at the comer of the Plaza at Delray Shopping Center. B. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENT / ASSOCIATES ROOFING. INC.: Approve Change Order No. l/Final (Contract Closeout) in the amount of $3,652.80 and final payment in the amount of $59,752.70 to Associates Roofing, Inc. for completion of the Delray Beach Golf & Country Club Re-roofing Project. Funding is available from 551-1575-591- 45.50 (Business Insurance Fund/Property Claims). 11-21-2006 - 2 - C. CHANGE ORDER NO. l/HARDRlVES OF DELRAY. INC.: Approve Change Order No. 1 in the amount of $40,000.00 to Hardrives of Delray, Inc. for the excavation, hauling and disposal of excess lime sludge from the overflow lagoon at the Water Treatment Plant. Funding is available from 442-5178-536-46.90 (Water/Sewer/Renewal and Replacement Fund/Other Repair/Maintenance Costs). D. CHANGE ORDER NOS. 3 & 4 (CONTRACT CLOSEOUT)/FINAL PAYMENT /BSA CORPORATION/DELRAY BEACH PUBLIC LIBRARY: Approve Change Order No. 3/Final in the amount of $245,655.56, Change Order No. 4/Final in the amount of a $233,455.00 decrease and final payment in the amount of $76,118.25 to BSA Corporation for the construction of the new Delray Beach Public Library; and approve a return of refund in the amount of $79,909.58 to the Delray Beach Public Library. Funding is available from 334-3552-571-62.10 (General Construction Fund/Buildings). E. SERVICE AUTHORIZATION 18.2/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 18.2 in the amount of $37,500.00 to Currie Sowards Aguila Architects for the provision of professional consulting services relative to the proposed Environmental Services Administration Building at the ESD complex on Swinton Avenue. Funding is available from 441-5161- 536-62.32 (Water/Sewer Fund/ESD Building Expansion). F. BUS SHELTER EASEMENT AGREEMENT/MCDONALDtS USA. LLC: Approve a Bus Shelter Easement Agreement between Linton Delray, ILC, the City and McDonald's USA, ILC, granting the City the right to place a bus shelter in front of the new McDonald's restaurant located on South Federal Highway at the comer of the Plaza at Delray Shopping Center. G. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /UDERlTZ SUBDIVISION: Authorize the City to act as the utility permit applicant for water main work performed within the state right-of-way for Uderitz Subdivision, located at 502 North Ocean Boulevard and approve a hold harmless agreement with the developer (Uderitz Subdivision). H. AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORATION (FDOT) /FLORIDA EAST COAST RAILROAD (FEC): Approve an agreement with Florida Department of Transportation (FD01) and Florida East Coast Railroad (FEe) for the installation of upgraded Automatic Grade Crossing Signals Type III Class III at S.E. 4th Street. The City will be responsible for 50% of the annual maintenance cost in the amount of $1,573.00. 1. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two Housing Rehabilitation grant/ contract awards through the Community Development Division in the amount of $33,232.50 to South Florida Construction (701 S.W. 6th Street) and in the amount of $26,599.65 to Sun Band Builders (511 S.W. 6th Avenue). Funding is available from 118-1924-554-49.19 (Community Development Fund/State Housing Initiatives Partnership (SHIP)/Housing Rehabilitation). 11-21-2006 - 3 - J. EXTENDED WARRANTY/ZOLL MEDICAL CORPORATION: Approve a one (1) year extended warranty in the amount of $17,255.00 to Zoll Medical Corporation for fourteen (14) 12-Lead Defibrillator Monitors M Series Units. Funding is available from 001-2315-526-46.20 (General Fund/Equipment Maintenance). K. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/OLD SGHOOL SOUARE PARKING GARAGE: Approve an Interlocal Agreement between the City and Palm Beach County for funding in the amount of $1,000,000.00 for the construction of the Old School Square Parking Garage. L. AGREEMENT /LEGAL SERVICES/HEARING OFFICER: Approve an agreement between the City and David W. Schmidt for the provision of legal services to the City as a Hearing Officer. M. RENEWAL OF AGREEMENT/BLACKHAWK SECURITY, INC.: Approve a request to renew the agreement between the City and Blackhawk Security, Inc. in the amount of $23,920.00 for an additional six months from October 1,2006 to March 31, 2007 for the security service at Pompey Park. Funding is available from 001-4127-572- 31.90 (General Fund/Other Professional Services). N. RATIFICATION OF APPOINTMENTS/KIDS AND COPS COMMITTEE: Approve and ratify the appointments of Maxx Benn and Cheryl McKeever to the Kids and Cops Committee for unexpired terms ending November 30, 2007. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 6, 2006 through November 17,2006. P. AWARD OF BIDS AND CONTRACTS: 1. Contract award to West Construction, Inc. in the amount of $2,965,930.86 for the construction of the Environmental Services Administration Facility Project. Funding is available from 334-6111-519-63.32 (General Construction Fund/ESD Building Expansion) and 441-5161-536-62.32 (Water/Sewer Fund/ESD Building Expansion). 2. Contract award to Chaz Equipment Company, Inc. in the amount of $49,971.00 for Rehabilitation of Lift Stations 36, 26A, 26B, 53A and 86. Funding is available from 442-5178-536-68.15 (Water/Sewer Renewal and Replacement Fund/Lift Station Rehabilitation). 3. Contract award to Chaz Equipment Company, Inc. in the amount of $1,151,000.00 for construction of the Sea Sage Drive/Melaluca Road/Oleander Road Infrastructure Improvements. Funding is available from 442-5178-536- 65.35 (Water/Sewer Renewal and Replacement Fund/Sea Sage Drive/Melaluca Road/Oleander Road) and 448-5461-538-65.35 (Stormwater Utility Fund/Sea Sage Drive/Melaluca Road/Oleander Road). 11-21-2006 - 4 - 4. Contract award to Neil O'Neil Jr. Roofing in the amount of $29,050.00 for the re-roofing of Lift Station #11 at the Boy Scout Park. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). 5. Purchase award to PFS Office Organization Solutions in the amount of $23,720.71 via GSA Contract #GS-25F-0048M for the purchase of a Lektriever 2000 Vertical Carousel Records Storage System for the Police Department. Funding is available from 115-2112-521-64.90 (Special Projects Fund/Other Machinery /Equipment). 6. Purchase award to Show Turf in the amount of $42,469.00 via the Orange County School Contract #02-03-11VH for the purchase of one (1) John Deere 3235C Lightweight Fairway Mower for the Delray Beach Municipal Golf Course. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course Fund/Machinery and Equipment). 7. Purchase award to Chemical Lime Company in an estimated amount of $673,000.00 via the City of Boynton Beach Co-op Bid #064-2821-06/]A for the purchase of bulk quicklime. Funding is available is available from 441-5122- 536-52.21 (Water/Sewer Fund/Chemicals). 8. Purchase award in the amount of $22,454.00 to Hoover Canvas Products Co. for three (3) seat kills in sections CC, DD and FF located on the west side of the tennis stadium. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). 9. Bid award to Gator Landscaping in an estimated amount of $33,834.00 for the landscape maintenance of Homewood Boulevard, Linton Boulevard and three (3) medians on Military Trail. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Beautification Maintenance). 10. Bid award to Preferred Seating, Inc. in the amount of $172,755.55 for the purchase of 1,793 19" Champion Stadium Seats with cup holders for the Delray Beach Tennis Stadium. Funding is available from 001-4210-575.63.90 (General Funding/Other Improvements). 9. REGULAR AGENDA: A. REOUEST FOR IN-LIEU PARKING SPACES/MELLOW MUSHROOM (FKA VITTORIO'S) RESTUARANT: Consider a request from Mellow Mushroom Restaurant for the purchase of seven (7) in-lieu parking spaces in the amount of $109,200.00. Mellow Mushroom Restaurant is located at 25 Southeast 6th Avenue. (Quasi-Judicial Hearing) 11-21-2006 - 5 - B. SPECIAL EVENT REOUEST /FIRST NIGHT 2007: Consider approval of a special event request to endorse the 10th Annual First Night 2007 event on December 31, 2006 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.6(F) for the use and street closures of City rights-of-way and facilities as requested, to authorize staff support for security and traffic control, signage construction and installation, barricade set-up/removal, trash removal and clean up, EMS services, and use/ set-up of City stages as needed at no charge. C. BID AWARD/CUSTOM PROPERTY SERVICES: Consider approval of a bid award to fourth lowest bidder, Custom Property Services, in the amount of $119,275.00 for the annual maintenance contract for the 1-95 Interchanges, including Adantic Avenue, Linton Boulevard and the Overpass on S.W. 10th Street. Funding is available from 119- 4144-572-46.40 (Beautification Trust Fund/Beautification Maintenance). D. DELRAY BEACH PUBLIC LIBRARY ASSOCIATION. INC.lBOARD LIAISON: Provide direction regarding a representative from the City attending the Delray Beach Public Library meetings on the third Wednesday of each month. E. SETTLEMENT OFFER/MEIJER V. SONOMA CAFE AND THE CITY: Consider a setdement Offer in the amount of $3,500.00 in Meijer v. Sonoma Cafe and the City. Staff recommendation is acceptance. F. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) for an unexpired term ending July 1, 2009. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). G. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint two (2) regular members to the Historic Preservation Board to serve an unexpired term ending August 31, 2007 and to serve an unexpired term ending August 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3) and Commissioner Montague (Seat #4). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 33-06 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) establishing a new mixed-use zoning district Section 4.4.29 "MROC (Mixed Residential, Office and Commercial) District", establishing minimum development standards through modification of Section 4.3.4(K) "Development Standards Matrix"; and modification of Section 4.6.9(C)(8)(a) "Shared Parking", which will allow the shared parking option for the new zoning district. If passed, a second public hearing will be scheduled for December 5, 2006. 11-21-2006 - 6 - B. ORDINANCE NO. 64-06: Privately initiated amendment to the Land Development Regulations (LDR) Section 4.3.4(H)(6)(a) to eliminate the requirement for a building setback of 64 feet along N.E. 4th Street/Lake Ida Road between Swinton Avenue and N.E. 6th Avenue. C. ORDINANCE NO. 62-06: Amending Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinances by repealing it in its entirety. D. ORDINANCE NO. 63-06: Amending Chapter 110, "Occupational Licenses Generally", by re-naming "Occupational Licenses" to "Local Business Tax Receipts", in accordance with recent state law changes. E. ORDINANCE NO. 67-06: Amending Section 99.04, "Loud and Unnecessary Noises and Enumerated; Exemptions", Subsection 99.04(A)(6), "Construction" of the Code of Ordinances to clarify the time that this subsection applies in Single Family Zoning Districts. 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. 59-06: Privately sponsored Future Land Use Map amendment (small-scale) from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) for a 9.00 acre portion of the Christ the King Monastery of St. Clare and rezoning from CF (Community Facilities) to R-l-AA (Single Family Residential). If passed, a public hearing will be scheduled for December 5, 2006. B. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for an 8.8 acres property located along Depot Road, north of the Old Train Station, between the CSX Railroad and 1-95. C. ORDINANCE NO. 70-06: City initiated annexation and rezoning from County AR (Agricultural Residential) to City RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel located on the south side of 133rd Road "S", 640' west of Barwick Road approximately 1,400 feet north of Lake Ida Road. D. ORDINANCE NO. 72-06: An ordinance amending Chapter 100, "Nuisances" of the Code of Ordinances by enacting a new Section 100.10, "Individually Designated Historic Structures and Structures in Historic Districts," to prohibit neglect of Individually Designated Historic Structures and Structures in Historic Districts and to provide enforcement to help prevent deterioration of the same. If passed, a public hearing will be scheduled for December 5, 2006. 11-21-2006 - 7 - E. ORDINANCE NO. 74-06: City initiated amendment to the Land Development Regulations (LDR) Chapter 8, "Special Implementation Programs" by enacting a new Section 8.6 "Proportionate Fair-Share Program". If passed, a public hearing will be scheduled for December 5, 2006. Adoption of this Ordinance is required by State Law. F. ORDINANCE NO. 73-06: An ordinance amending Chapter 59, "Reclaimed Water", of the Code of Ordinances by amending Section 59.09, "Fees, Rates and Charges", to adjust the wholesale customer rate. If passed, a public hearing will be scheduled for December 5, 2006. G. ORDINANCE NO. 75-06: An ordinance amending Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", and Subsection 35.097(M), "Early Retirement Incentive", to provide for changed eligibility timing. If passed, a public hearing will be scheduled for December 5, 2006. H. ORDINANCE NO. 65-06: An ordinance amending Ordinance No. 34-06 of the Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (Q), "Civil Penalties", by removing the reference to Section 98.08, "Litter In Parks", amending the penalty amount for dogs on the beach and skateboarding and adding a new penalty for <CVehicles On The Beach" and "Garbage, Sewage, and Other Waste Materials". If passed, a public hearing will be scheduled for December 5, 2006. I. ORDINANCE NO. 66-06: An ordinance repealing Section 98.09, "Litter In Parks" and amending Chapter 101, "Parks, Beaches and Recreation, General Provisions", of the Code of Ordinances by amending Section 101.17, "Garbage, Sewage, and Other Waste Materials", to read "Garbage, Trash, Litter, Sewage, and Other Waste Materials", by amending Subsection 101.17 (a), to strengthen prohibitions on littering on the municipal beach, recreational facilities and public parks; and by enacting a new Subsection 101.36, "Additional Rules Applying to City Parks, Recreation Facilities and the Municipal Beach", to provide for additional rules which includes a prohibition on smoking in certain areas of the beach, that can be enforced by issuing civil citations in addition to other remedies. If passed, a public hearing will be scheduled for December 5, 2006. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: NOVEMBER 17, 2006 11-21-2006 - 8 - NOVEMBER 7.2006 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, November 7, 2006. L Roll call showed: Present - Commissioner Rita Ellis Commissioner Fred Fetzer Commissioner Jon Levinson Commissioner Brenda Montague Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk At this point, Mayor Perlman stated he would like to observe a moment of silence for Rodney Bernard Houston and Anthony Harris (City Employees) who passed away. 2. The opening prayer was delivered by Mayor Perlman. 3. gIven. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman stated there is revised information for Item 8.Q.I0., Contract A ward! Advanced Data Processine:. Inc. He noted that there is additional information for Item 9.H., Ae:reement/Head Start. Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of October 17, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as 11/07/06 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. At this point, the time being 6:05 p.m., the Commission moved to Item 7.A., Presentations. 7. PRESENTATIONS: 7.A. City of Delrav Beach Residents' Academv Certificates - Janet Meeks Janet Meeks, Education Coordinator, stated this is the lOth graduating class (230 graduates) total. The program has been so successful they have recently spun off a Student Academy. She stated this will be an ongoing program on an annual basis in the fall. For the first time, Mrs. Meeks stated there will be an Alumni Event tomorrow evening. Janet Meeks and Mayor Perlman presented certificates to the following graduates ofthe Residents Academy: Tom Asiala Lauro Boska Helena Antunes-Boska Gerri Bauer Catherine J. DeMatto Gene DePont Lisa Dickerson Inez Fleming Walt Gerhard Todd L'Herrou Karen McEnaney Robin Olson Charlotte O'Sullivan Tony Samra Liz Samra Sue Tauriello Linda Lane Tam Knight Lynn Klein Scherazade Alvarez-Hayward Scott Hayward David Hawke Shirley Goddard Tina Ginn Ms. Meeks thanked Mrs. Butler for her support and assistance. At this point, two individuals came forward and gave a few brief comments regarding the program. 7.B. Delrav Beach Javcees Fishinl! Tournament/Delrav Citizens for Delrav Police - Officer Jeffery Messer and Chris Reich Jeffery Messer commented about the Kids and Cops Program and stated the Delray Beach Jaycees Fishing Tournament raises money for the Holiday Toy Drive. He stated the fishing tournament started about twelve (12) years ago with Mr. Mark Gerretson (a lifetime resident of Delray Beach) which raised approximately $2,000- $4,000 every year. This money went towards what initially was going to be a toy drive and raised enough money that they went from a toy drive to a scholarship program. Mr. Messer stated the Delray Citizens for Delray Police fund a literacy program, field trips, equipment for karate lessons at the 505 Teen Center for the After School Care Programs. -2- 11107/06 Two years ago Mr. Gerretson died suddenly. He stated the past two years the Committee has raised approximately $25,000.00. Perry DonFrancisco, speaking on behalf of Delray Citizens for Delray Police, stated the Delray Beach Holiday Toy Drive began in 1990 with the Community Child Care Center and it evolved into a situation where they encompassed all the After School Care Programs throughout the City of Delray Beach and ultimately it ran into thousands of toys. He recognized Jennifer Buce and Jeff Messer who have taken this toy drive to another level. Mr. DonFrancisco stated throughout the years one of the main stays of funding for the toy drive was the fishing tournament. He commended everyone who has worked with the Kids and Cops Program. Chris Reich stated he has two checks totaling $9,355.00. Mr. Messer presented plaques to Noah with Merrill Lynch (Corporate Sponsor) which reads "In appreciation for your dedication and commitment to the Mark Gerretson Memorial Fishing Tournament of 2006" and Pat Gerretson who gave a few brief comments for the Gerretson Family. '.Co Carolvn Gholston - Multi-Cultural Festival Carolyn Gholston stated this is the 9th year for the Multi-Cultural Festival and she thanked the City Commission for their support. Paula Phillips (Carolyn Gholston's daughter), thanked Major Hartman, Lieutenant Sims, Lieutenant Coleman, Detective Scott, and Chief Schroeder. In addition, she recognized and commended the Multi-Cultural Board for the festival. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/120 NORTH SWINTON AVENUE: Approve and accept a right-of-way deed associated with the development of 120 North Swinton Avenue, located on the west side of North Swinton Avenue between N.E. 1st Street and N.E. 2nd Street, within the OSSHAD (Old School Square Historic Arts District). 8.B. RESOLUTION NO. 64-06 (TAX EXEMPTION REQUEST FOR ELiGIBLE IMPROVEMENTS/118~ SOUTHEAST 7TH AVENUE): Approve a tax exemption request for eligible improvements to 118Y2 Southeast 7th Avenue, located in the Marina Historic District; and approve Resolution No. 64-06. The caption of Resolution No. 64-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO STEPHEN - 3 - 11/07/06 R. ECHOLS FOR THE HISTORIC REHAB ILIA TION OF THE PROPERTY LOCATED AT 118 Y2 SE 7TH AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5. I (M)(5); PROVIDING AN EFFECTIVE DATE. office. ) (The official copy of Resolution No. 64-06 is on file in the City Clerk's s.c. RESOLUTION NO. 71-06: Approve Resolution No. 71-06 assessing costs for abatement action required to remove nuisances on ten (10) properties throughout the City. The caption of Resolution No. 71-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. office. ) (The official copy of Resolution No. 71-06 is on file in the City Clerk's S.D. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CHAZ EQUIPMENT COMPANY. INC.: Approve Change Order No.1 (Contract Addition) in the amount of $60,550.00 to Chaz Equipment Company, Inc. for modifications to the sodded swale; and additional modifications to the asphalt trench restoration, as requested by Florida Department of Transportation (FDOT), for the A-1-A Water Main Improvements Project. Funding is available from 442-5178-536-65.27 (Water/Sewer Renewal and Replacement Fund/State Road AlA, E. Atlantic/Pelican). - 4- 11107/06 S.E. CHANGE ORDER NO. 3 (CONTRACT ADDITION)/CHAZ EQUIPMENT COMPANY. INC.: Approve Change Order No. 3 (Contract Addition) in the amount of $58,110.00 to Chaz Equipment Company, Inc. for an additional water main extension and additional work required for the Old School Square utility relocates associated with the S.E./N.E. 1 st Street One Way Project. Funding is available from 442- 5178-536-65.88 (Water/Sewer Renewal & Replacement Fund/Other Improvements/S.E./N.E. 1st Street One Way Pair) and 442-5178-536-63.29 (Water/Sewer Renewal & Replacement Fund/Improvements Other/aSS Sanitary Sewer). S.F. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)IFINAL PAYMENT/JOHNSON-DAVIS. INC.: Approve Change Order No. l/Final (Contract Closeout) in the amount of a $68,274.95 decrease and final payment in the amount of $106,328.05 to Johnson-Davis, Inc. for the completion of the Lake Worth Drainage District (LWDD) L-33 Canal Box Culvert Extension Project. Funding is available from 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks). S.G. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENTIROSSO PAVING & DRAINAGE/INTRACOASTAL PARK PROJECT: Approve Change Order No. l/Final (Contract Closeout) in the amount of $17,462.12 and final payment in the amount of$28,311.06 to Rosso Paving & Drainage, Inc. for completion of the US 1 Turn Lane at Intracoastal Park Project. Funding is available from 334-4174-572-68.10 (General Construction Fund/Intracoastal Park US I Turn Lane). S.H. SERVICE AUTHORIZATION 14.2/CURRIE SOWARDS AGillLA ARCHITECTS: Approve Service Authorization No. 14.2 in the amount of $17,105.00 to Currie Sowards Aguila Architects for additional services required for the repair of the existing sea wall associated with the Intracoastal Park, Florida Inland Navigational District (F.I.N.D.) Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/Other Improvements). 8.1. SERVICE AUTHORIZATION NO. 3.1 /KIMLEY-HORN: Approve Service Authorization No. 3.1 in the amount of $358,193.00 to Kimley-Hom and Associates, Inc. for professional consulting services required for the proposed redevelopment of the Miller Park playing fields and appurtenances. Funding is available from 380-4150-572-63.23 (Parks & Recreation Bond Fund/Neighborhood Parks). S.J. SANDOWAY PARKING LOT/COMMUNITY CHILD CARE CENTER FUNDRAISER: Approve a request from the Community Child Care Center for the exclusive use of the Sandoway Parking Lot on February 21,2007 to accommodate their annual "Foundation of Friends Luncheon" and waive the enforcement of parking meter fees for that day. - 5 - 11/07/06 S.K HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract award through the Community Development Division in the amount of$34,125.00 to M & A Builders, LLC. (609 S.W. 8th Avenue). Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). S.L. RESOLUTION NO. '70-06/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)ILANDSCAPE IMPROVEMENTS: Approve a Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) for landscape improvements on A-I-A between Linton Boulevard and George Bush Boulevard; and approve Resolution No. 70-06. The caption of Resolution No. 70-06 is as follows: A RESOLUTION OF THE CITY COMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, TO ENTER INTO A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE ENHANCEMENTS ON A-I-A BETWEEN LINTON BOULEVARD AND GEORGE BUSH BOULEVARD, IN CONNECTION WITH OTHER ROADWAY IMPROVEMENTS. office. ) (The official copy of Resolution No. 70-06 is on file in the City Clerk's S.M. RELEASE AND TERMINATION OF EASEMENT/CRAIGE FURNITURE COMPANY: Approve a Release and Termination of Easement with Craige Furniture Company for the public ingress, egress and parking, dated December 12, 1995. S.N. SPECIAL EVENT REOUESTIHOLIDAY PAGEANT PARADE: Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 9, 2006 beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to N.W. 1st Avenue; Miramar and Lowery for parade set up from approximately 4:00 p.m. to 6:00 p.m.; and authorize staff support for traffic control and security, EMS assistance, barricade set-up/removal, trash removal/clean up, and processing of the FDOT permit. S.O. SPECIAL EVENT REQUEST/ HOLIDAY TREE LIGHTING/ART & JAZZ ON THE AVENUE: Approve and endorse the Holiday Tree Lighting and Art & Jazz on the Avenue scheduled for November 30, 2006 from 5:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to N.E. 7th Avenue, S.E. ih Avenue from the north side - 6 - 11107/06 of Brisca Atlantica property to the north side of the Brisca Atlantica parking lot entrance, the alley north of Atlantic Avenue between N.E. 2nd Avenue and Railroad Way, Railroad Way from Atlantic to the alley just north of Atlantic, N.E. 2nd Avenue from Atlantic Avenue to the alley and the Tennis Center parking lot; and authorize staff support for security and traffic control, banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and use/set up of City Stages. 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 16,2006 through November 3,2006. !:.2: AWARD OF BIDS AND CONTRACTS: 1. Contract award to Sports Turf One, Inc. in the amount of $15,960.00 for improvements to Pompey Park Ball fields 2 and 3. Funding is available is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). 2. Purchase award to Wesco Turf Supply, Inc. in the amount of $16,258.97 via the Florida State Contract #515-630-06-1 for the purchase of one (1) Toro Groundmaster 7200 mower with a protection plus warranty for the ESD Utility Maintenance Division. Funding is available from 442-5178-536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment). 3. Purchase award to Poolsure in the amount of $53,265.30 for the purchase and delivery of Sodium Hypochlorite. Funding is available from 441-5123-536-52.21 (Water/Sewer Fund/Chemicals). 4. Purchase award to Otto Waste Systems in the amount of $150,000.00 for the purchase of hot stamped garbage carts with lids and wheels. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). 5. Purchase award to PVS Technologies in an estimated amount of $105,000.00 for the purchase and delivery of Liquid Ferric Chloride for the Water Treatment Plant for the period of October 1, 2006 to March 31, 2007. Funding is available from 441-5122-536- 52.21 (Water/Sewer Fund/Chemicals). 6. Purchase award to Praxair Inc. in an estimated cost of $66,000.00 for the purchase and delivery of Liquid Carbon Dioxide (Co2) for the Water Treatment Plant. Funding is available from 441-5122- 536.52.21 (Water/Sewer Fund/Chemicals). 7. Purchase award to Duval Ford in the amount of $34,951.00 via the Florida Sheriffs Association Contract #06-14-0821 for one (1) 2007 Ford F-350 Pickup Truck 4X2 for the Utility Maintenance - 7 - 11/07/06 Division. Funding is available from 441-5161-536-64.20 (Water/Sewer Fund/Automotive). 8. Purchase award to Duval Ford in the total amount of $268,697.00 via the Florida Sheriffs' Association Contract #06-14-0821 for the purchase of eleven (11) new take home police vehicles. Funding is available from 001-2117-521-64.20 (General Fund/Automotive), 001-2119-521-64.20 (General Fund/Automotive) and 001-2121- 521-64.20 (General Fund/Automotive). 9. Lease agreement with Ikon Office Solutions in the amount of $17,847.36 over a three (3) year term via the Miami-Dade Contract #114DD11 for the lease of a Ricoh Aficio MP5500 Digital Copier for the Police Department. Funding is available from 001-2113- 521-44.30 (General Fund/Equipment). 10. Contract award to Advanced Data Processing, Inc. in the amount of $87,000.00 for outsourcing the EMS billing for FY 2006 - 2007. Funding is available from 001-2311-522-34.90 (General Fund/Other Contractual Services). At this point, Commissioner Levinson stepped away from the dais. Mrs. Ellis moved to approve the Consent Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:34 p.m., the Commission moved to Item 9.A. of the Consent Agenda. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE EXTENSION REQUEST/A VENUE EAST (FKA GROVE SQUARE): Consider an extension request for two (2) conditional use approvals which allow a building height in excess of 48 feet (54' 3" approved) and residential units in excess of30 units per acre (38.2 du/ac approved) for Avenue East (fka Grove Square), located at the northeast comer of S.E. 1 sl Street and S.E. 2nd Avenue. (Quasi-Judicial Hearing) At this point, Commissioner Levinson returned to the dais. Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. - 8- 11/07/06 Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson stated he has none in addition to the previous list provided at the last meeting. Mrs. Montague, Mayor Perlman, Mrs. Ellis, and Mr. Fetzer stated they too have none in addition to the previous list provided at the last meeting. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2004-287 into the record. Mr. Dorling stated this item is a conditional use extension request for two conditional uses; one to allow a building height in excess of 48 feet and the second conditional use was for residential units exceeding 30 units to the acre. The proposal involves the demolition of an existing four story office building and the construction of a mixed use development with 850 square feet of retail and 55 dwelling units. On September 21, 2004, the proposed development received conditional use approval from the City Commission. At its meeting of December 15, 2004, the SPRAB Board unanimously approved a Class V site plan, landscape plan and architectural elevations associated with the construction of a five-story mixed-use development (55 dwelling units/850 square feet retail), subject to conditions. Mr. Dorling stated this project falls under the section of "no construction". If the Commission approves this tonight, there will be some modifications to comply with the Design Guidelines required. He stated that it is noted in the staff report that similar extension requests have been granted and if approved the Site Plan Review and Appearance Board will have to consider a site plan meeting of the conditions of the Design Guidelines. Also, if in doing that, they change the conditional use to a major degree, and then it would also have to be brought back to the Planning and Zoning Board and the City Commission. Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach, speaking on behalf of Applicant (Faison-Grove Square, LLC), stated the ordinance regarding extensions is a little complicated; they do not fall in the first one because it is not vested; do not fall in the second one because it's not partial construction; they fall in the third one which is "no construction". Therefore, the order drafted by the City Attorney shows the application of the rules and regulations that now apply to us falling into that third category and realize the Design Guidelines and changes apply. Mr. Levinson stated he does not feel the extension should be made. Mrs. Ellis concurred with comments expressed by Mr. Levinson. She stated she agrees that the extension is not pertinent. Mrs. Montague stated having seen the site plan for the original structure, she asked why the applicant would need an extension if this could change substantially. In response, Mr. Weiner stated there is a significant application fee and addressing this under this procedure would be helpful. Mr. Weiner stated under the ordinance, the burden with respect to an extension is not a burden or weighing of the difficulties. This project will be sent back even further and delaying it even longer and under the present - 9 - 11107/06 market circumstances does not make sense. Mr. Weiner stated this is no real advantage. Mr. Dorling stated if the Conditional Use was approved and did not require modification they would save the nine weeks associated with the process to go straight to the site plan process. However, he stated it is unclear when they comply with the Design Guidelines and the site plan modification whether or not a Conditional Use modification is required or not. Mr. Dorling stated this would depend on the degree of the change. Mrs. Montague stated having been a part of the process when the Design Guidelines were created, there is going to be a substantial difference in the building as it is drawn now and what the new building will look like. She feels the modifications will be substantial and that we will be dealing with an entirely different building. Mrs. Montague stated she will not support the extension request. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Levinson moved to approve the Board Order (DENYING both extension requests), seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion to approve the Board Order (DENYING both extension requests) was passed with a 5 to 0 vote. 9.B. WAIVER REQUESTIWESTERN/SENIOR COMMUNITY CENTER: Consider a request for waiver of Land Development Regulations (LDR) Section 4.6.9(D)(3)( a)[Driveway Width] and Section 4.6.9(D)(3)( c )(1 ) [Stacking Distance] associated with the Class V Site Plan for the Western/Senior Community Center located at the northwest comer of Congress Avenue and Lake Ida Road. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-396 into the record. On October 25, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the site plan, landscape plan, and architectural elevations associated with a Class V development for the Western Communities Center at the northwest comer of Lake Ida Road and Congress Avenue. SPRAB also recommended approval of two waivers; one relates to the driveway on the north side and the second waiver is for the stacking. Staff recommends approval subject to the positive findings of Section 2.4.7(B)(5). - 10- 11/07/06 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Levinson moved to adopt the Board Order approving the waivers, 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. 9.C. REQUEST FOR IN-LIEU PARKING SPACES/ATLANTIC COFFEE AND TEA: Consider a request from Atlantic Coffee and Tea for the purchase of two (2) in-lieu parking spaces in the amount of$31,200.00. Atlantic Coffee and Tea is located in the Atlantic Antique Mall at 504 East Atlantic Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated Atlantic Coffee & Tea is located within the Atlantic Avenue Mall at 504 East Atlantic Avenue and received approval to convert a total of 750 square feet of retail space to restaurant (coffee shop) with 590 square feet on the first level and 160 square feet of associated seating on the second level. The proposal does not diminish the retail components. He stated LDR Section 4.6.9(E)(3) states, "if it is impossible or inappropriate to provide the required on- site or off-street parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking." The applicant is the owner of the property and would be paying through an in-lieu of parking fee payment agreement; half now on signing the agreement and twenty-five percent (25%) the second and third years. Comprehensive Plan Policy C-4.1 of the Future Land Element encourages rehabilitation and revitalization within the Central Business District (CBD) through a number of incentives, one of which is the accommodation of parking needs through innovative actions. At its meeting of October 16, 2006, the Downtown Development Authority (DDA) recommended approval of the applicant's request, at its meeting of October 24, 2006, the Parking Management Advisory Board (PMAB) recommended approval; at its meeting of October 26, 2006, the Community Redevelopment Agency (CRA) recommended approval of the applicant's request. There was no cross-examination or rebuttal. - 11 - 11/07/06 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Ellis moved to approve the Board Order, seconded by Mrs. Montague. 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.D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the rehabilitation of 133 N.W. 5th Avenue. Funding is available from 118-1932-554-83.06 (Community Development Fundi (HHRP) Hurricane Housing Recovery Program). Mayor Perlman declared a conflict of interest, passed the gavel to Vice Mayor Ellis, and stepped down from the dais. Lula Butler, Director of Community Improvement, stated this item is for the Commission to consider approving an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for the rehabilitation of property addressed at 133 N.W. 5th Avenue. The funding for this project is coming out of the Hurricane Recovery Program (HHRP) that was awarded to the City in the amount of $1,000,000.00 ($500,000.00 is allocated for this particular project and the other $500,000.00 was allocated for the La France Hotel). Mr. Fetzer moved to approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) in the amount of $500,000.00 for the rehabilitation of 133 N.W. 5th Avenue, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Vice Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote. 9.E. AGREEMENT/FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.): Consider approval of a project agreement between the City and Florida Inland Navigation District (F.I.N.D.) for a grant in the amount of $688,420.00 for the Intracoastal Park (MSA 650) Project. At this point, Mayor Perlman returned to the dais. Joseph Weldon, Director of Parks and Recreation, stated the City of Delray Beach leased a four acre park just south of Knowles Park from the Florida Inland Navigation District (F.I.N.D.) for a grant in the amount of $688,420.00 for the Delray Intracoastal Park Project. Mrs. Ellis moved to accept the grant, 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 - 12- 11/07/06 to 0 vote. 9.F. RESOLUTION NO. 66-06: Consider approval of Resolution No. 66-06 authorizing the issuance of Water and Sewer Bonds (Series 2006B) in the aggregated amount of $2,350,000.00 and authorizing the sale of such bonds to Sun Trust Bank at a rate of3.98% for a term of 15 years. The caption of Resolution No. 66-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING A TENTH SERIES OF WATER AND SEWER REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE BONDS, SERIES 2006B (THE "BONDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,350,000 FOR THE PURPOSE OF FINANCING CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; AUTHORIZING THE NEGOTIATED SALE OF SAID BOND AND APPROVING THE FORM, AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS TO SUNTRUST BANK; INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED; DESIGNATING THE BONDS AS "QUALIFIED TAX-EXEMPT OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. office. ) (The official copy of Resolution No. 66-06 is on file in the City Clerk's - 13 - 11/07/06 Joseph Safford, Finance Director, stated in the Capital Improvement Program in the Water & Sewer Fund there is a continued expansion of the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) Plant for the reclaimed water. He stated the financing is to be handled through a bank financing and this is a resolution authorizing the issuance of those bonds in the amount of $2,350,000.00. Staff recommends the SunTrust Bank bid (lowest bidder) at a rate of 3.98% for a term of 15 years. Mr. Fetzer moved to approve Resolution No. 66-06, 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. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion ofthe Agenda. to. PUBLIC HEARINGS: to.A. RESOLUTION NO. 67-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST. INC.: Consider approval of Resolution No. 67-06 authorizing the City to transfer/sell three (3) City owned properties, located at 802 S.W. 3rd Street, 1012 N.E. 3rd Avenue and 119 S.W. 9th Avenue, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $30.00. The caption of Resolution No. 67-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER/SELL THREE (3) PARCELS OF REAL PROPERTY IN THE CITY OF DELRAY BEACH WHICH ARE LOCATED AT 802 S.W. 3RD STREET, 1012 N.E. 3RD AVENUE AND 119 S.W. 9TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRA Y BEACH COMMUNITY LAND TRUST, INC., TO BE UTILIZED FOR AFFORDABLE HOUSING PURPOSES. office.) (The official copy of Resolution No. 67-06 is on file in the City Clerk's Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 67-06, the public hearing was closed. - 14- 11107/06 Mrs. Montague moved to approve Resolution No. 67-06, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote. to.B. WAIVER OF BIDDING REOUIREMENTS/POMPEY PARK EXPANSION PROJECT: Consider approval of waiving the requirements contained in Chapter 36, "Finance; City Property Transactions", of the Code of Ordinances, for the Pompey Park Expansion Project. The City Attorney stated this is an advertised waiver and public hearing on waiving the bidding requirements for the Pompey Park expansion and therefore the public hearing needs to be opened for the waiver. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding the waiver, the public hearing was closed. Mr. Levinson confirmed with Richard Hasko, Director of Environmental Services, that Randolph & Dewdney can meet the schedule. Mr. Fetzer moved to approve the waiver requirements for the Pompey Park Expansion 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. to.B.t. CONTRACT A W ARDIRANDOLPH AND DEWDNEY CONSTRUCTION. INC.: Consider approval of a contract award to Randolph and Dewdney Construction, Inc. in the amount of $1,166,884.60 for the Pompey Park Community Center Improvements Project. Funding is available from 380-4150-572- 62.61 (2004 G.O. Bond/Pompey Park Expansion). Mrs. Montague moved to approve the Contract Award to Randolph and Dewdney Construction, Inc. in the amount of $1,166,884.60 for the Pompey Park Community Center Improvements Project, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. to.C. ORDINANCE NO. 60-06: Amending Section 10.99, "General Penalty," of the Code of Ordinances by adding Civil Citations under Section 37.45 as an Enforcement method adopted by the City. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 60-06 is as follows: - 15 - 11/07/06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING SECTION 10.99, "GENERAL PENALTY", OF THE CODE OF ORDINANCES BY ADDING CNIL CITATIONS UNDER SECTION 37.45 AS AN ENFORCEMENT METHOD ADOPTED BY THE CITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. office. ) (The official copy of Ordinance No. 60-06 is on file in the City Clerk's 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. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 60-06, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 60-06 on Second and FINAL 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. lO.D. ORDINANCE NO. 61-06: Amending Section 52.03, "Use of Water from Hydrants," of the Code of Ordinances to provide for an increase in the security deposit for hydrant meters and to also provide for a nonrefundable installation/removal fee to cover the cost of City employees installing and removing the hydrant meter. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 61-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 52.03, "USE OF WATER FROM HYDRANTS", TO PROVIDE FOR AN INCREASE IN THE SECURITY DEPOSIT FOR HYDRANT METERS AND TO PROVIDE FOR AN INSTALLATIONIREMOVAL FEE OF THE HYDRANT METER BY CITY STAFF; PROVIDING A GENERAL - 16 - 11/07/06 office. ) REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of the Ordinance No. 61-06 is on file in the city Clerk's 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. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 61-06, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 61-06 on Second and FINAL Reading, 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 Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manae:er's response to prior public comments and inquiries. The City Manager had no comments or inquiries on prior public comments and inquiries. 11.B. From the Public. 11.B.1. Alice Finst. 707 Place Tavant Delrav Beach. speaking on behalf of the Board of Directors of Progressive Residents of Delray (PROD), stated she spoke to the Commission previously about videoing City meetings particularly the City Commission Meetings and Workshop Meetings. She stated PROD understands that staff would have some kind of progress report at the end of October on this project and asked if there is a schedule or timeline for implementation of filming these meetings. At this point, the time being 7:07 p.m., the Commission moved back to Item 9.G. of the Regular Agenda. 9.G. DECORATIVE STREET LIGHTS ALONG PUBLIC BEACH/SR AlA (LINTON BOULEVARD TO GEORGE BUSH BOULEVARD): Consider approval of the installation of Lumec Domus Series DMS50 luminaries as the decorative street lights along the public beach on SR AlA (Linton Boulevard to George Bush Boulevard). - 17 - 11/07/06 Randal Krejcarek, City Engineer, stated last month staff brought this item before the Commission to decide which decorative street light should go along the beach on A-I-A from Casuarina Road to the north end of the beach. As directed, staff went to the Beach Property Owners' Association (BPOA) and asked them for their preference. The BPOA's street light preference is the DMS50 Series which has the white band around it (opaque band). Mayor Perlman asked if Palm Beach County Commissioner McCarty is participating in this project. In response, Mr. Krejcarek stated a letter has been sent to request fifty percent (50%) of the funding for the decorative street lights and Ms. McCarty has also agreed to pick up the cost for mast arms at A-I-A and Atlantic Avenue. It was the consensus of the City Commission to select the DMS50 luminaries (opaque/white band) for the decorative street lights along the public beach on A-I-A (Linton Boulevard to George Bush Boulevard). 9.8. AGREEMENT/HEAD START: Consider conceptual approval of terms of Lease Purchase Agreement with Palm Beach County for Delray Beach Head Start. Audrey Wolf, Director of Facilities from Palm Beach County, stated the County has been working on this trying to identify a site for Head Start so it could remain on the east side of 1-95. Ms. Wolf stated it was through the ongoing relationship with the City of Delray Beach that the City actually took the lead in securing the additional property to make this possible and continuing to work with them on the park. Mayor Perlman thanked Ms. Wolf for her hard work and stated this is important for the City of Delray Beach to have this located east ofI-95. The City Manager stated everyone has worked hard on this and staff is very excited about the outcome. Prior to the vote, Mr. Levinson thanked Audrey Wolf and her staff. Mr. Levinson moved to approve the concept as outlined in Audrey's letter, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:12 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 62-06: Amending Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinances by repealing it in its entirety. Ifpassed, a public hearing will be scheduled for November 21, 2006. - 18 - 11/07/06 The caption of Ordinance No. 62-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REPEALING SECTION 97.10, CITRUS CANKER CONTROL PROCEDURES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. office. ) (The official copy of Ordinance No. 62-06 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Fetzer moved to approve Ordinance No. 62-06 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 63-06: Amending Chapter 110, "Occupational Licenses Generally", by re-naming "Occupational Licenses" to "Local Business Tax Receipts", in accordance with recent state law changes. If passed, a public hearing will be scheduled for November 21, 2006. The caption of Ordinance No. 63-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", IN ORDER TO UPDATE THE ORDINANCE TO RE-NAME "OCCUPATIONAL LICENSES", "LOCAL BUSINESS TAX RECEIPTS", IN ACCORDANCE WITH RECENT STATE LAW CHANGES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 63-06 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mrs. Montague moved to approve Ordinance No. 63-06 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. - 19 - 11107/06 Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 64-06: Privately initiated amendment to the Land Development Regulations Section 4.3.4(H)(6)(a) to eliminate the requirement for a building setback of 64 feet along N.E. 4th StreetlLake Ida Road between Swinton Avenue and N.E. 6th Avenue. If passed, a public hearing will be scheduled for November 21, 2006. The caption of Ordinance No. 64-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4(H)(6), "SPECIAL SETBACKS", SUBSECTION 4.3.4(H)(6)(A), "SPECIAL BUILDING SETBACKS", TO ELIMINATE THE 64' BUILDING SETBACK FROM SWINTON AVENUE EAST TO NE 6TH AVENUE FOR LAKE IDA ROAD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. office. ) (The official copy of Ordinance No. 64-06 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated there is a 64 foot setback required from the center line required from Military Trail to Federal Highway along Lake Ida Road. The privately initiated amendment would remove the section from N.E. 6th Avenue (NIB Federal Highway) to Swinton Avenue from this requirement. Mrs. Ellis moved to approve Ordinance No. 64-06 on FIRST Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 67-06: Amending Section 99.04, "Loud and Unnecessary Noises and Enumerated; Exemptions", Subsection 99.04(A)(6), "Construction" of the Code of Ordinances to clarify the time that this subsection applies in Single Family Zoning Districts. If passed, a public hearing will be scheduled for November 21,2006. The caption of Ordinance No. 67-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, - 20- 11/07/06 AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 99.04 "LOUD AND UNNECESSA Y NOISES AND ENUMERATED; EXEMPTIONS". SUBSECTION 99.04 (A)(6), "CONSTRUCTION"; TO CLARIFY THE TIMES THAT THIS SUBSECTION APPLIES IN SINGLE FAMILY ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office. ) (The official copy of Ordinance No. 67-06 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Fetzer moved to approve Ordinance No. 67-06 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion 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. B.A. City Manal!er With regard to a comment expressed by Commissioner Levinson, the City Manager stated Signature Builders does not have a current occupational license in the City of Delray Beach either as a business or a registered contractor. Signature Builders Unlimited out of Boca Raton had a contractor's registration in 2005 only and the qualifier's name was Andres Barcenas. The City Manager stated staff checked records with Palm Beach County and as Commissioner Levinson indicated, 619 Wiggins Road is not a valid address and none of the owners' names on that road are Mr. Don Mackey. Secondly, the City Manager stated he has a disk with the County's draft Redevelopment Plan for their property on Congress Avenue. Mrs. Ellis stated she will make a copy ofthe disc for the rest ofthe Commission. Lastly, he stated he appreciates the comments he received from the Commission regarding the County's position on property taxes and suggested that the City of Delray Beach follow the League of Cities position on this which is somewhat a variance from what the County stated in the paper. Mrs. Ellis stated she will email the Commission the draft document of what the League of Cities proposes and hopefully the Commission can support the League of Cities in their position as they go into Legislative action and asked for everyone to submit their comments to her. - 21 - 11/07/06 13.B. City Attornev The City Attorney commented about the Town of Highland Beach City Commission Meeting and noted they have their own Post Office. circle. Secondly, on Thursday evening at her home will be the first spin-off study Mr. Levinson asked where the City stands with regard to the Town of Highland Beach and the Town of Gulf Stream. The City Attorney stated they did not do an emergency ordinance in Highland Beach because they plan on having an extra Workshop. She also noted that Gulf Stream has been notified. 13.C. City Commission I3.C.1. Mr. Fetzer Mr. Fetzer commented on the Community Land Trust (CLT) Open House held last night and congratulated everyone involved. I3.C.2. Mrs. Ellis Mrs. Ellis also commented on the Community Land Trust (CLT) Open House and stated she is very proud of what is being done in Delray Beach. Secondly, she commented about the Ribbon Cutting Ceremony for the Mike Machek Park and stated Representative Machek was present. Mrs. Ellis stated great things are being done in Delray Beach. I3.C.4. Mrs. Montal!ue Mrs. Montague thanked Audrey Wolf as well as Commissioner Levinson for initiating the conversation for the Head Start location. She stated this really strengthens the corridor as a service corridor (lih Avenue) and feels it creates a solid foundation for the community. Secondly, she stated she had the opportunity to ride with Sergeant David Weatherspoon during his shift and commented that he is an extraordinary example of community policing. Mrs. Montague stated it makes her feel even more strongly about making sure the community policing is a fundamental part of how our police work. I3.C.S. Mr. Levinsou Mr. Levinson thanked the City Commission for being at the Community Land Trust (CLT) Open House because he feels this meant a lot to the CLT Board. He clarified that Walt Gerhard, Community Redevelopment Agency (CRA) Project Manager - 22- 11/07/06 actually found the three homes for the CL T and stated he cannot imagine a better person to have bought the first CLT home than Venice Cobb and her children. Secondly, Mr. Levinson stated he received an email today from Shannon Lewis and noted that he made a presentation at the Florida Redevelopment Association (FRA) Annual Conference in Miami about CL T' s. He thanked everyone and the CRA for their support. 13.C.5. Mavor Perlman Mayor Perlman commented about the Student Residents Academy and noted they have 12 students who are very interested in learning about the community. He stated it is nice to see young people interested in local government. He commended Doug Smith, Assistant City Manager, for creating a game of jeopardy regarding City government for the youth. Mayor Perlman stated this will be a great program going forward. Secondly, he stated the Mike Machek Ribbon Cutting Ceremony was terrific. He stated the park is beautiful and it came out great. Lastly, Mayor Perlman stated the Chris Evert tournament this weekend was a terrific great event. He stated there were approximately 4,000 people in attendance on Saturday and approximately 4,600 on Sunday. He commented that everyone walked downtown along the Avenue after the tournament. At this point, the Commission moved to Item 6.A., Proclamations. 6. PROCLAMATIONS: 6.A. Recoe:nizine: and Commendine: Thomas E. Lvnch Mayor Perlman read and presented a proclamation hereby recognizing and commending Thomas E. Lynch for his multitudinous contributions he has made to his community and the City of Delray Beach. There being no further business, Mayor Perlman declared the meeting adjourned at 7:46 p.m. City Clerk - 23- 11/07/06 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 November 7, 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. - 24- 11/07/06 " IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUESTS FOR AVENUE EAST ORDER OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA 1. These extension requests have come before the City Commission on November 7, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the extension requests for Avenue East. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. EXTENSION: Pursuant to LDR Section 2.4.4{F){3), when the project has not commenced construction, or construction has not been deemed substantial, the requests for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension requests and shall comply with such current requirements. (b) Additional submittal information including a new application and copies of previously submittal material may be required. (c) The granting body must make findings pursuant to 2.4.4{B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4{C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Do the Extension requests meet the requirements of LDR Section 2.4.4{F){3)? Yes 0 No 5 3. Do the extension requests meet the requirements of 3.1.1 of the Land Development Regulations and are the Commission's determinations consistent with the Comprehensive Plan and Land Development Regulations? Yes No X 1 rJelYl q. A . 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves_ denies X the extension requests as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of November, 2006, by a vote of in favor and 0 opposed. ~:~ \), ~~~J Chevelle Nubin, City Clerk 2 . r IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA WAIVER REQUEST FOR THE WESTERN COMMUNITY CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on November 7, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Western Community Center. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.6.9(D)(3)(a), the point of access to a street or alley shall be a maximum of 24 feet unless a greater width is specifically approved as a part of site and development plan approval. However, in no event shall such point of access be greater than 36 feet. The applicant has requested a waiver to increase the width of the driveway along Congress Avenue to 40 feet. Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right-of- way and the first parking space or aisleway in a parking lot shall be 50 feet for the proposed development. The applicant has submitted a waiver request to reduce the stacking distance from the Lake Ida Road right of way to the first parking space to 45 feet 9 inches. 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. Does the driveway width waiver request meet all the requirements of 2.4.7(B)(5)? Yes X No Does the stacking distance waiver request meet all the requirements of 2.4.7(B)(5)? Yes X No 1 rfefvJ q.B_ "/ 3. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ~ denies _ the waiver requests to LOR Sections 4.6.9(O)(3)(a) and 4.6.9(O)(3)(c)(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of November, 2006, by a vote of opposed. in favor and 0 ~~EST:~_ ~\).~~ Chevelle Nubin, City Clerk 2 f IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR ATLANTIC COFFEE & TEA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on November 7, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Atlantic Coffee & Tea. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LOR Section 4.6.9(E)(3), when additional parking is required for a change of use and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request meet the requirements of LOR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 1 Iie /}1 '1. c . in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves_ denies _ the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this th day of November, 2006, by a vote of {A in favor and opposed. ATTEST: ~~~\\~l Chevelle Nubin, City Clerk - 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FlRST NAME-MIDOLE NAME n Jeffre L. MAILING ADDRESS 971 Delra Lakes NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI1TEE Delray Beach City Commission THE BOARD, COUNCIL. COMMISSION, Al/THORllY OR COMMI1TEE ON WHICH I SERVE IS A UNIT OF: Xl CITY a COUNTY a OTHER LOCAL AGENCY NAME OF PQUTICAL SUBDIVISION: i of e r Beach MY POSmON IS: CITY ea DATE ON WHICH VOTE OCCURRED ElEC11VE a APPOINTIVE WHO MUST FILE FORM 88 This fonn is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure In which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected.or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or lo~~ of a prin?pal (other than a. government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporat~ principal by which he or she Is retained); to the special private gain or loss ofa relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-In-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation . are not listed on any national or regional stock exchange). * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting In the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the fonn in the minutes. * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INflUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF.112000 Item 9.D PAGE 1 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INflUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, .Jeffrey Perlm~n , hereby disclose that on November 7 .200~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; XU:- inured to the special gain or loss of my relative, inured to the special gain or loss of my business associate, Diane Colonna inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Diane Colonna, my wife, is the Executive Director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect tbe CRA. . by . which 11/7/06 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 WORKSHOP MEETING NOVEMBER 14, 2006 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, November 14,2006. Roll call showed: Present - Commissioner Rita Ellis Commissioner Fred B. Fetzer Commissioner Jon Levinson Commissioner Brenda B. Montague Mayor Jeff Perlman Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant 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: WORKSHOP AGENDA 1. Historic Preservation Design Guidelines - REG Architects. Inc. & Urban Design Studios Rick Gonzalez from REG Architects, Inc., and Jon Carleen from Urban Design Studios, presented a PowerPoint Presentation overview of the Delray Beach Historic Preservation Design Guidelines. The Guidelines identify all of the historic districts and the prevalent styles in each. Also within the Guidelines, recommendations were made for: Rehabilitation treatments for exterior surfaces; additions to existing structures, infill buildings, and new construction, paving materials, parking, access of structures, signage, fences, walls and hurricane preparedness. Approval matrixes to differentiate between what issues require Historic Preservation Board (HPB) approval versus administrative approval; and demolition regulations for Certificate of Appropriateness (COA) were provided. District impact studies would also be conducted. After discussion, and multiple questions, it was the consensus of the Commission that setting historic guidelines, for the different neighborhoods, was a challenging task which had been presented very well. The advice and guidance from REG Architects, Inc., and Urban Design Studio was very helpful in determining historic preservation guidelines for the City of Delray Beach. 2. Update on Delray Beach Historical Society Archives Relocation Project Robert Barcinski, Assistant City Manager, introduced Robert "Bob" Ganger, President Elect of the Delray Beach Historical Society Board. Before proceeding with the actual project, Mr. Ganger was present to request feedback from the Commission on potential community support for plans to relocate the Delray Beach Historical Society (DBHS) from the Cornell Museum at Old School Square (OSS) to a new facility on the Cason Cottage Campus. The proposed plan is to relocate and restore a house built circa 1918, currendy located at 124 N.E. 5th Avenue, to the Cason Cottage Campus. A four hundred and fifty (450) square foot Archival Storage Building would be constructed in the rear of the new location, and would be designed to blend with the cottage and adjacent structures. The entire facility would be utilized as a Research and Archival Storage Center. The initial capital cost estimate for the project is in the range of approximately $500,000. A Project Task Force will be created by the Historical Society to manage the process. If go-ahead plans are approved by the Commission, the Historical Society will embark upon a Capital Campaign to finance an operating endowment necessary to cover incremental costs associated with the Research Center. Karen Preston, Executive Director of the Delray Beach Historical Society, and Dorothy Patterson, Archivist for the Delray Beach Historical Society were also present. . It was consensus of the Commission to support the next step of the proposed project, explore grant potential, and provide funding on a matching dollar for dollar basis. 3. Legislative Agenda for 2007 - (Kathleen Daley will be present to give her perspective) Kathleen Daley, Governmental Consultant and Lobbyist for the City of Delray Beach, from Kathleen E. Daley & Associates, Inc., provided an overview of the Legislative Agenda for 2007; touching on beach restoration, the housing market, affordable property insurance, and a suggestion of sending a Delray Beach contingency to Tallahassee to lobby for local issues of concern. It was the consensus of the Commission to provide information to Ms. Daley for Tallahassee Committee Week in January, and appreciation was expressed for her report. 2 NOVEMBER 14,2006 4. Participation in Palm Beach County Days - March 6-7. 2007 Staff is seeking direction as to which Commissioners plan to attend the Palm Beach County Days in Tallahassee scheduled for March 6-9, 2007, and whether the City would participate as a sponsor. The Palm Beach County League of Cities has opted out from participating in Palm Beach County Days in Tallahassee. The dates conflict with Palm Beach County Municipal Elections. Individual cities are free to participate. It was the consensus of the Commission not to be a sponsor this year and any participation would be on an individual level. 5. Proposed Master Parking Plan Scott Aronson, Parking Management Specialist, provided a PowerPoint Presentation to re- review the Master Parking Plan and the parking challenges in the Downtown area. Previous parking studies, completed tasks, locations of parking facilities to meet current needs, and potential financing options were discussed. The Plan will go before the City Commission for formal adoption. It was the consensus of the Commission that site signage announcing future parking garage sites would be a good idea. Appreciation was expressed to Mr. Aronson for his presentation. 6. Proposed Ordinance addressing recreational facility rules and smoking on the beach Susan Ruby, City Attorney, presented proposed Ordinance No. 66-06 addressing Chapter 101 in the Code of Ordinances concerning trash, litter, and smoking on the beach, as well as, other Park, Beach and Recreational Facility rules enforceable by the Civil Citation System. Ordinance 66-06 would come before the City Commission for formal adoption. It was the consensus of the Commission that the City Attorney should proceed to place proposed Ordinance No. 66-06 on the Regular Commission Meeting Agenda, and that smoking on the beach needed to be addressed. 7. Review of Civil Penalties for Code Violations Susan Ruby, City Attorney, presented proposed Ordinance No. 65-06 providing a $100.00 penalty for all violations of Section 101 of the Code of Ordinances, concerning Park Rules; with the exception of Sections 101.27(B) and 101.36(E)1, which govern pets and a $50.00 fIne. A change of the wordage from "Business Tax" to "Occupational License Tax" in order 3 NOVEMBER 14, 2006 to conform to state law was requested. Commission was requested to peruse all the fines to make sure they are appropriate. Ordinance 65-06 would come before the City Commission for formal adoption. It was the consensus of the Commission that the City Attorney should proceed to place proposed Ordinance No. 65-06 on the Regular Commission Meeting Agenda. 8. Proposed Seating Changes at the Tennis Stadium David T. Harden, City Manager stated the seating changes was a misnomer, and should be referred to as site improvements. Robert A. Barcinski, Assistant City Manager, provided background information concerning the proposed site improvements and costs for 2007, which the City received from Match Point, Inc. The improvements included maintenance work by City Staff, and contracted work for various replacements and upgrades throughout the tennis stadium. The total cost is approximately $256,585.00. Mark Baron, President of Match Point, Inc., and John Buder, Executive Director of Match Point, Inc., were present and provided additional information. It was the consensus of the Commission to proceed with the proposed site improvements. 9. Status of Pompey Park Security and Police Volunteer Programs - Chief Larry Schroeder Delray Police Chief Larry Schroeder introduced Major Craig Hartman who presented a PowerPoint Presentation on the Pompey Park Security Plan, and Major Tony Strianese and Officer Andy Arena who presented a PowerPoint Presentation for the Delray Beach Volunteer Program. Captain Tina Heysler, Lieutenant Javaro Sims and Officer Chuck J eroloman were also present. It was the consensus of the Commission the programs presented by the Police Department were of great value to the City, and they were pleased with the work being accomplished to clean up targeted areas. They expressed appreciation to the Police Department volunteers. Mayor Perlman adjourned the Workshop Meeting at 10:10 p.m. 4 NOVEMBER 14,2006 City Clerk ArrEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, November 14, 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 NOVEMBER 14, 2006 of< P1 MYDELRA YBEACH COM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item City Commission Meeting November 21,2006 Approval Resolution #6s-06/Naming of Delray Beach Tennis Center Clubhouse DATE: November 14, 2006 ACTION: City Commission is requested to approve Resolution #68-06 naming the Clubhouse at the Delray Beach Tennis Center the "Brahm Dubin" Clubhouse in recognition for over sixteen (16) years of dedicated service for the City of Delray Beach. BACKGROUND: At your Commission meeting held on September 19, 2006 the Mayor had requested Commission consideration in naming one of our facilities in honor of Brahm Dubin. Due to the extensive work Mr. Dubin did in bringing a major ATP Tournament, the Chris Evert Tournament, the Fed Cup, Davis Cup and other UST A Tournaments to the City we thought it would be appropriate and fitting to name the Clubhouse in his honor. RECOMMENDATION: Staff recommends approval of Resolution #68-06 Naming the Clubhouse at the Delray Beach Tennis Center the "Brahm Dubin" Clubhouse. RAB/tas File:u:sweeney/agenda Doc:Agenda Item Naming of Delray Beach Tennis Center Clubhouse 7.8 f.lr6t!?[// RESOLUTION NO. 68-06 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, RECOGNIZING BRAHM DUBIN BY NAMING THE DELRA Y BEACH TENNIS CENTER CLUBHOUSE AT 201 WEST AlLANTIC AVENUE IN DELRA Y BEACH, FLORIDA, ''BRAHM DUBIN CLUBHOUSE AT THE DELRAY BEACH TENNIS CENTER"; PROVIDING FOR SEVERABILI1Y; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to recognize and honor Brahm Dubin for his over sixteen (16) years of dedicated service to the City of Delray Beach; and WHEREAS, in 1998, Brahm Dubin was instrumental in the Davis Cup Finals being awarded to the City of Delray Beach which unfortunately was not held when the U. S. Team lost. Due to Brahm's diligence and persistence, in April 2004, the Davis Cup Tie against Sweden was held in the Delray Beach Tennis Stadium and in April 2005, Brahm brought the Fed Cup Tie against Belgium to the City of Delray Beach; and WHEREAS, Brahm Dubin was instrumental in bringing the Chris Evert Charities, Inc. Annual Tournament and an annual ATP International Tennis Championship Event in 1998 to the City of Delray Beach; and WHEREAS, Brahm Dubin was instrumental in the successful completion of negotiations to purchase the Laver's Tennis site in 1998 thus increasing the quantity and improving the quality of municipal owned tennis facilities in Delray Beach; and WHEREAS, Brahm Dubin was also instrumental in bringing the Williams Sisters' Charity Event, Nueveen Tennis Event, volleyball tournament, Hispanic Festival, Bishop Tutu and various concerts to the Tennis Center and Stadium; and WHEREAS, Brahm Dubin, thru ]CD Sports group, has managed and improved the quality of the Municipal Golf Course since 1990 and Lakeview Golf Course since 1995 turning both into one of the best municipal golf facilities in Palm Beach County; and WHEREAS, Brahm Dubin was a great leader and is being honored for his hard work, loyalty, dedication and service in bringing national and international attention to the City of Delray Beach as a world class tennis venue; and WHEREAS, the City Commission desires to name the Tennis Center Clubhouse located at 201 West Atlantic Avenue in Delray Beach, Florida, in Brahm Dubin's honor as "The Brahm Dubin Clubhouse" . NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOllOWS: Section 1. The City Commission of the City Delray Beach recognizes Brahm Dubin for his leadership, dedication, service and loyalty to the City for over sixteen (16) years. Section 2. The City Commission shall honor Brahm Dubin by naming the Clubhouse at the Delray Beach Tennis Center currendy located at 201 West Atlantic Avenue in Delray Beach, Florida, "Brahm Dubin Clubhouse". Section 3. That this resolution shall become effective immediately upon its passage. PASSED AND ADOP1ED in regular session on this the _ day of 2006. MAYOR AITEST: City Clerk 2 RES. NO. 68-06 MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS ~CI1Y MANAGER TO: SUBJECT: AGENDA ITEM # 1.C - REGULAR MEETING OF NOVEMBER 21.2006 RESOLUTION NO. 69-06 DAm: NOVEMBER 17, 2006 This is before the City Commission to consider approval of Resolution No. 69-06 recognizing Robert "Bob" Federspiel by naming the Southeast 1st Avenue Parking Garage, The Robert "Bob" Federspiel Parking Garage. During the October 17, 2006 Commission Meeting, it was the consensus of Commission to proceed with naming the Southeast 1st Avenue Parking Garage in honor of Robert "Bob" Federspiel. Recommend approval of Resolution No. 69-06 recognizing Robert "Bob" Federspiel by naming the Southeast 1st Avenue Parking Garage, The Robert "Bob" Federspiel Parking Garage. S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Memo Res. 69-06 Robert Bob Federspiel 11.21.06.doc ~ RESOLUTION NO. 69-06 A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, RECOGNIZING ROBERT "BOB" FEDERSPIEL BY NAMING THE SOUTHEAST 1st AVENUE PARKING GARAGE IN DELRA Y BEACH, FLORIDA, "THE ROBERT "BOB" FEDERSPIEL PARKING GARAGE", PROVIDING FOR SEVERABILITI; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to recognize and honor Robert Federspiel for his twenty (20) years of dedicated service as the attorney and co- founder of the Community Redevelopment Agency (eRA) with the City of Delray Beach, thus creating a legacy which will be hard to match; and WHEREAS, Robert Federspiel was born in West Palm Beach, Florida on October 9, 1951; received his B.B.A. degree from Florida Adantic University in 1972, received his J.D. degree from the University of Florida in 1974, and was admitted to the Florida Bar in 1975; and WHEREAS, Robert Federspiel, being a member of the South Palm Beach County and the American Bar Associations, worked with Delray Beach Attorney Ernest Simon until 1983, after which time he became a partner in Spinner, Dittman, Federspiel and Dowling; and WHEREAS, Robert Federspiel was a highly respected, honest and immensely talented legal mind working as attorney for the Community Redevelopment Agency (CRA) since 1985, with his expertise in governmental, corporate, estate planning and probate, environmental, real property and land use.; and WHEREAS, Robert Federspiel also served the Delray Beach Housing Authority since 1977, the South Central Regional Wastewater Treatment and Disposal Board since its founding in 1974, and served as special counsel to the City of Delray Beach regarding Real Property matters; and WHEREAS, Robert Federspiel not only left a legacy as a phenomenal lawyer with decency and high ethical standards; but a legacy as a loving husband, devoted father of two, and a true and loyal friend; and WHEREAS, Robert Federspiel was instrumental in negotiating the developer agreement that resulted in the construction of the public parking garage on Southeast 1 st Avenue; and WHEREAS, the City Commission desires to name the Southeast 1 st Avenue Parking Garage in honor of Robert Federspiel by so dedicating it as "The Robert "Bob" Federspiel Parking Garage". NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOllOWS: Section 1. The City Commission of the City Delray Beach recognizes Robert Federspiel for his leadership, dedication, innovation, service and loyalty to the City and the Community for over twenty (20) years. Section 2. The City Commission shall honor Robert Federspiel by naming the Southeast 1st Avenue Parking Garage in Delray Beach, Florida, "The Robert "Bob" Federspiel Parking Garage". Section 3. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the _ day of 2006. MAYOR ATTEST: City Clerk 2 RES. NO. 69-06 ~ MYDELRA YBEACH COM City of Delray Beach Administrative Services Memorandum SUBJECT: David T. Harden, City Manager ~ Robert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting November 21,2006 Creative City Collaborative - Cultural Plan TO: FROM: DATE: November 15,2006 ACTION: Carol Coletta will be making a presentation to Commission on the status of the Creative City Collaborative. Commission is also being requested to provide direction as to whether Collaborative should be a City agency or a non-profit independent organization. BACKGROUND: Attached is an outline for the presentation that I received from Tom Jones. Also included are draft copies of by-laws, job descriptions and funding application. Weare at a point where a decision needs to be made to decide whether the Collaborative would be set up as a City Board or as an independent non-profit organization similar to Old School Square. The next action steps will depend on which model is selected. Although the action steps are similar in many ways the main difference would be the tax free status of the Board. RECOMMENDATION: Staff recommends consideration of organizational options for the Creative City Collaborative. RAB/tas File:u:sweeney/agenda Doc:Agenda Item Creative City Collaborative Cultural Plan 1.D Delray Beach Flow Chart with Options: 1) Board of Commissioners Briefing 2) Decision on Organizational Approach Creative City Collaborative as a city agency: Estimated time: 4-6 months 3) Pass resolution creating the cee, establishing its purpose and setting its budget 4) Appoint members of CCC 5) Assign interim staff 6) Organizational Meeting 7) Post job for executive director 8) Develop plan of work 9) Develop fundraising plan 10) Develop communications plan For the Creative City Collaborative as an independent, nonprofit organization: Estimated time: 6-9 months 3) Organizational meeting 4) Identify incorporators and file incorporation papers as a not-for-profit Florida corporation 5) File 55-4 form with IRS to obtain Tax ID number 6) Prepare 501 (c) (3) application via Form 1023 7) First official meeting of cee 8) Approval of bylaws and purpose 1 9) Hiring of Executive Director 10) Develop co-op arrangement with city for special events official 11) Develop plan of work 12) Develop fundraising plan to support plan of work 13) Develop communications plan 14) Apply for federal nonprofit mailing permit 2 BY -LAWS OF THE CREATIVE CITY COLLABORATIVE OF DELRA Y BEACH ARTICLE I NAME. OFFICES AND PURPOSE Section I. Collaborative. Name. The name of the organization is Creative City Section 2. Florida. Place. The principal offices shall be located in Delray Beach, Section 3. Purpose. The purpose of the nonprofit corporation is to build the cultural infrastructure that celebrates Delray Beach as creative, authentic, and intimate city; to increase and coordinate public funding and support for cultural growth; to strengthen the city's distinctive national brand; and create a learning community through the implementation of the Creative City plan adopted by the Mayor and Board of Commissioners of Delray Beach. ARTICLE II NOT FOR PROFIT CORPORA nON Section I. Not for Profit Organization. The Creative City Collaborative is a Florida corporation dedicated to and operated exclusively for non-profit purposes; and no part of the income or assets of the Creative City Collaborative shall be distributed to or inure to the benefit of any individual on the board of directors. The purposes for which the Creative City Collaborative is organized are exclusively charitable, religious scientific, literary and educational within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding provision of any future United States Internal Revenue Law. The purposes for which the Creative City Collaborative is organized are to serve the public benefit of Delray Beach by raising and allocating funds for a vibrant cultural community, by overseeing projects and programs to achieve its mission, and by championing a unified vision for a creative, authentic and intimate brand. I The Creative City Collaborative shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these By-Laws, this organization shall not carry on any activities not permitted to be carried on by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding provision of any future United States Internal Revenue Law. Section 2. Distribution of Assets upon Dissolution. In the event of dissolution, the residual assets of the Creative City Collaborative will be turned over to the city government of Delray Beach and used for purposes consistent with the overall purposes of the Collaborative. ARTICLE III MEMBERS Section 1. No Members Except Directors. The Creative City Collaborative shall have no members other than its Directors. No payment shall be made to its Directors or Officers for serving in such positions. The Creative City Collaborative is controlled by an independent Board of Directors. Section 2. Non-sectarian and nonpartisan. The Creative City Collaborative is non-sectarian and nonpartisan. ARTICLE IV DIRECTORS Section 1. Community Interest and Fiduciary Responsibility. The Board of Directors shall consist of individuals reflecting the community interest of Del ray Beach. Each Director shall serve in a fiduciary capacity and shall refrain from exercising any power in such manner as to disqualify the Creative City Collaborative from its tax exempt status. Section 2. Appointment of Directors. The number of Directors shall be set at fifteen (15) members, and at least one member will be appointed by City of Delray Beach. The number of members can only be changed with a vote of not less than seventy-five percent (75%) of the voting Directors. Members shall be elected at the annual meeting of the Board of Directors of the Creative City Collaborative with the exception ofthe City of Delray Beach representative. Section 3. Term of Office - Removal. Directors' terms shall be staggered, with one-third (1/3) of Directors elected each year. Each Director's term shall be three 2 years or until a successor is duly appointed. No Director shall serve more than six (6) consecutive years and any Director having served the maximum number of consecutive years as a Director may not be elected again as a Director for a minimum of two (2) years. In order to stagger terms, the first Board of Directors will be appointed with one- third of its members' term set at one (I) year, one-third at two (2) years, and one-third at three (3) years, and subsequent terms of three years. Any Director may be removed at any time by the affirmative vote of seven-five percent (75%) of the entire Board of Directors. These provisions do not apply to the representative named by City of Delray Beach. Section 4. Vacancies and New Positions. Any vacancies or new board positions of the Board of Directors may be filled by majority vote of all Directors then in office. Nominations shall be solicited from existing board members and distributed in advance of the meeting. Each Director elected to fill a vacancy shall serve for the unexpired portion ofthe term of his /her predecessor in office and each Director elected to a new position shall serve a three-year term. Section 5. Powers of Directors. The business affairs of the organization shall be managed by its Board of Directors, which shall exercise all powers of the Creative City Collaborative. Section 7. Books of Creative City Collaborative. The Directors shall keep the books ofthe Creative City Collaborative at a place as they determine and any and all directors have the right to examine the books. ARTICLE V MEETINGS OF THE BOARD OF DIRECTORS Section I. Place of Meetings. Regular meetings of the Board of Directors shall be held in Delray Beach and special meetings may be held either within or outside the State of Florida. Section 2. Annual and Regular Meetings of Directors. Meetings of the Board of Directors may be held upon such notice or upon written waiver of notice and at such time and at such place as determined by the Board. In addition, the Board annually will have no fewer than four regular meetings. Unless otherwise decided by the board, the first meeting of the calendar year will be designated as the annual meeting of the organization. ARTICLE VI QUORUM 3 Section 1. Determination - Adjournment. At least half (50%) of the Board of Directors shall constitute a quorum at all meetings of the Board of Directors or such committees for the transaction of business except as otherwise provided by statute or by the Charter. If, however, such quorum shall not be present at any meeting, those present in person shall have power to adjourn the meeting without notice, other than announcement at the meeting, until a quorum shall be present. At such adjourned meeting at which a quorum shall be present, any business may be transacted which might have been transacted at the meeting as originally notified. Section 2. Voting. Each Director or committee member having voting power shall be entitled to one vote. There shall be no proxy voting. ARTICLE VII EXECUTIVE COMMITTEE Section I. Creation. Powers and Duties. The Board of Directors may create an Executive Committee composed of the officers of the organization and the representative appointed by City of Delray Beach. The Executive Committee shall have and exercise all authority of the Board of Directors in the day-to-day management of the Creative City Collaborative between board meetings. The Board Chair shall serve as Chair of the Executive Committee, unless at the Chair's request, the Board of Directors names a designee to handle this responsibility. The Executive Committee shall keep regular minutes of its proceedings and report the same to the Board at its next meeting. ARTICLE VIII FINANCE COMMITTEE Section 1. Creation. Powers and Duties. The Board of Directors shall have a Finance Committee, and the chairman of the Finance Committee shall be the Creative City Collaborative Treasurer. The Finance Committee shall prepare budget and financial policies for the Creative City Collaborative which take effect upon a majority vote of the Board of Directors. The Finance Committee shall direct and oversee the audit. ARTICLE IX OTHER COMMITTES Section I. Creation. The Board of Directors of the Creative City Collaborative may establish other committees. The creation of a committee must be approved by a majority of the Board of Directors in attendance at the meeting when the action is taken. The Chair, with the concurrence of the Board, shall appoint the Chair and designate members for each committee. Persons who are not members of the Board may serve on a committee. Each Committee must be chaired by a Board member and a majority of the committee must consist of Board members. Each committee shall be 4 required to keep minutes of its transactions and shall report the same to the Board at its next regularly scheduled meeting. Section 2. Powers and Duties. Each committee may exercise the authority vested in it by the Board of Directors, but may not authorize distribution of funding. ARTICLE X NOTICES Section I. How Given. Whenever notice is required to be given to any Director or committee member, it may be given in writing, by mail, voice mail, e-mail, facsimile or any other commonly accepted business means of communication, addressed to such Director at his/her address as it appears on the records of the Creative City Collaborative. ARTICLE XI OFFICERS Section I. Number. The Creative City Collaborative shall have a Chair of the Board, a Vice Chair, a President, a Secretary, and a Treasurer. The City of Delray Beach representative on the Board of Directors shall not serve as Chair or Vice Chair. Section 2. Election. The Board of Directors at its annual meeting shall choose its officers to serve for the ensuing year. Section 3. Term of Office - Removal. The officers of the Creative City Collaborative shall hold office until their successors are elected. Any officer elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of seventy-five percent (75%) of the entire Board of Directors. Any vacancy occurring in any office of the Creative City Collaborative shall be filled by the Board of Directors. CHAIR Section 5. Powers and Duties. The Chair shall preside at all meetings of the Board of Directors and of the Executive Committee, and shall be a member ex-officio, with right to vote, of all committees. VICE CHAIR Section 6. Powers and Duties. The Vice Chair shall, in the absence or disability ofthe Chair, perform the duties and exercise the powers of the Chair and shall perform such other duties and have such other powers as the Board of Directors may from time to time prescribe. 5 PRESIDENT Section 7. Powers and Duties. The President shall have the authority to exercise all powers as may be prescribed by the Board of Directors for the general and active operation by the Creative City Collaborative. The President is the chief staff position for the Creative City Collaborative. SECRETARY Section 9. Powers and Duties. The Secretary shall be responsible for the recording, preparation and distribution of the minutes of the Board of Directors, and sending out meeting notices. TREASURER Section 11. Corporate Funds. The Treasurer shall keep full and accurate accounts of receipts and disbursements in books belonging to the Creative City Collaborative and shall deposit all monies and other valuable effects in the name and to the credit of the Creative City Collaborative in such depositories as may be designated by the Board of Directors. Section 12. Disbursals. The treasurer shall disburse the funds of the Creative City Collaborative as may be ordered or permitted by the Board of Directors and shall render to the Chair and the Board of Directors, as may be required by either, an account of all transactions. Section 13. Fidelity Bond. All officers and members of the Creative City Collaborative who hold signature authority to bind the Creative City Collaborative or disburse funds shall be bonded under one or more fidelity bonds in such amounts as may be set by the Board of Directors. The cost of such bonds shall be paid by the Creative City Collaborative. ARTICLE XII INDEMNIFICA nON Section I. General Rule. The Creative City Collaborative, to the fullest extent permissible, shall indemnify and hold harmless directors, officers and employees acting in an official capacity on behalf of the Creative City Collaborative against personal liability. 6 ARTICLE XIII ADMINISTRA nON OF GIFTS Section I. General Powers. The Board of Directors shall exercise good faith and ordinary care in all matters relating to the acquisition, holding, management, control, supervision, investment and disposition of property, assets and gifts of the Creative City Collaborative. Section 2. Scope of Holding. Any property, of any kind or nature whatsoever, may be acquired by the Creative City Collaborative and may be administered directly by the Creative City Collaborative or transferred to an agent, bank or trust company or investment advisor for management and/or directing of investment funds, subject to full compliance with Board of Directors requirements. Section 3. Receipt of Gifts. Voluntary gifts, donations, contributions, devises and bequests of property may be accepted subject to policies and procedures set by the Creative City Collaborative. ARTICLE XIV DISTRIBUTION AND DISBURSEMENT OF GIFTS The Board of Directors, by majority of voting Directors, shall from time to time, determine distributions of its funds pursuant to the policies of the Creative City Collaborative and these By-Laws. The Board shall consider the needs of the community and the purposes of the Creative City Collaborative in authorizing or directing the respective banks or trusts companies or investment advisors having custody of funds of the Creative City Collaborative to make payments and in making recommendations about in-kind requests to the City of Delray Beach. The Creative City Collaborative shall promulgate guidelines enumerating specific needs and priorities consistent with the purposes of the organization. The Board of Directors may, in furtherance of the Creative City Collaborative's not-for-profit purposes, direct distributions to such persons, organizations, or governmental agencies as, in the opinion of the Board of Directors, can best serve the needs of the community, or may help create new qualified organizations to carry such purposes. 7 . . ARTICLE XV AUDITS AND REPORTS The accounts of the Creative City Collaborative shall be audited annually in accordance with generally accepted auditing practices by an independent auditor appointed or approved by the Board of Directors at such time as the Board may determine. An independent auditor appointed or approved by the Board of Directors shall prepare, at such time as the Board may determine, but at least annually, for the Creative City Collaborative as a whole, a consolidated financial statement, including a statement of combined capital assets and liabilities, a statement of income, expenses, and distributions, and such other additional reports or information as may be ordered from time to time by the Finance Committee or the Board. The auditors shall also prepare such financial data as may be necessary for returns or reports required by state or federal government. The Board shall, at least annually, make such distribution of a written report of its financial condition, activities and distributions to representative persons and organizations in the Delray Beach community as to reasonably inform an interested public of the operation and charitable purposes of the Creative City Collaborative. ARTICLE XVI CHECKS Section I. Signatures. All checks or demands for money and notes ofthe Creative City Collaborative shall be signed in keeping with policies and procedures recommended by the Finance Committee and approved by the Board of Directors. FISCAL YEAR Section 2. Determination. The fiscal year of the Creative City Collaborative shall coincide with the calendar year. ARTICLE XVII AMENDMENT OF BYLAWS Section I. Amendments. These bylaws may be amended by a majority vote of the Board of Directors, provided prior notice is given of the proposed amendment in the meeting notification. 8 . . Chairman, Creative City Collaborative Date 9 CREATIVE CITY COLLABORATIVE - Program Coordinator Job Description The program coordinator for the Creative City Collaborative in Delray Beach, Florida, assists its President in achieving the goals of the nonprofit organization and serves as adjunct staff for the City of Delray Beach government in the evaluation of in-kind requests for cultural activities and projects. The Position The coordinator will manage projects and programs for the Creative City Collaborative. This will include coordination of applications for in-kind services from the City of Delray Beach and the evaluation process that will result in recommendations to city government for these requests. The coordinator will also establish strong relationships with local cultural organizations to monitor the use of Creative City Collaborative funds and to gauge their needs and effectiveness. The coordinator will assist the president of the Creative City Collaborative in the operations of the organization, including marketing and fundraising. Job Qualities The coordinator must be a highly motivated person and an enthusiastic learner. The coordinator must have the ability to work in close communication and positive collaboration as a partner with officials of City of Delray Beach and the cultural organizations of the city. The coordinator must have public relations skills and act diplomatically; must have interpersonal skills essential for projecting a positive and professional image; and must be able to demonstrate flexibility and to manage multiple tasks to accomplish Creative City Collaborative goals. The coordinator must value the ability of culture to engage the citizens of Delray Beach, to strengthen its community spirit and to expand its national brand. Duties The coordinator for the Creative City Collaborative performs essential duties that affect the effectiveness of the organization's work. Specific job responsibilities include: · Develop measurements for overall quality and management for projects and programs. · Research grant opportunities · Oversee accountability for funding appropriations . Recognize and solve potential problems · Network with local cultural organizations for future program development · Manage process for applications for in-kind services to City of Delray Beach from cultural organizations and activities, including application, evaluation and post-event evaluation · Act as adjunct staff for City of Delray assistant city manager in handling in-kind services requests and evaluations Qualifications Key qualifications include: · Commitment to the program, goals and purpose of the Creative City Collaborative · Ability to conceptualize and carry out instructions and work as a team player · Ability to work cooperative as adjunct member of the assistant city manager's staff . Respect for confidential information · Experience in project development, coordination and supervision · Ability to work with diverse constituency, including artists, communicate leaders, business leaders, elected officials, economic development officials and advocacy groups · Ability to provide imaginative, innovative and energetic leadership · Ability to set aside personal agendas for organizational goals · Ability to project professional image for City of Delray Beach and Creative City Collaborative Background of Creative City Collaborative The umbrella cultural organization for Delray Beach, Florida, the Creative City Collaborative is a 501 (c)(3) nonprofit organization founded in 2006. Creative City Collaborative was created as a result of the central recommendation of the cultural city plan adopted by the Mayor and Board of Commissioners. The plan can be read at: http://www.smartcitvconsulting.com/public/ new webl CC imagesl Delrav Bea ch Cultural Plan.pdf. The purpose of Creative City Collaborative is to enhance existing cultural assets, to champion new cultural strategies and plans, to trigger innovation and creativity and to increase funding for cultural agencies and programs. CREATIVE CITY COLLABORATIVE - President The Creative City Collaborative in Delray Beach, Florida, seeks a full-time, professional President to advance its mission and the agenda of the nonprofit organization. Generally, the President will manage daily operations of the Creative City Collaborative, including direct leadership for fundraising, developing programs and plans of action, and marketing and other functions necessary for the success of the new cultural development organization in a uniquely distinctive city in the Miami region. The Position The President will manage a $300,000 operating budget, organize and develop programming, manage fundraising campaigns, coordinate volunteer efforts, and develop the operational platform for the Creative City Collaborative. The President will be hired by and be responsible to the Board of Directors of the Creative City Collaborative and accountable to the Board's Executive Committee which will provide regular supervision and performance standards for evaluating this position. The President will work with the Board of Directors to set the strategic direction of the organization to ensure financial stability, high-quality programs, new initiatives, and a positive community presence. The Creative City Collaborative seeks an articulate, task-oriented leader with strong verbal and oral communications skills, effective management skills and the ability to lead by example. Job Qualities The President must have the ability to effectively manage multi-dimensional activities of a new cultural development organization for Delray Beach. It will require the ability to make effective presentations on the mission and aspirations of the Creative City Collaborative, to act as a bridge between existing and future cultural priorities, to develop new sources of funds for cultural initiatives, to negotiate contracts and manage consulting services, to coordinate the work of volunteers and to develop plans for implementing the Cultural Plan approved by the Mayor and Board of Commissioners of Delray Beach. The President will work to establish credibility and public confidence for the new nonprofit cultural organization. In this role, the President will need to reflect a professional demeanor as well as a respectful, collaborative leadership style. A results-oriented management style is needed, because it is critical that the Creative City Collaborative launch its work on a strong foundation of broad- based public support. The President's job effectiveness will be measured especially by fundraising, financial stewardship, plans of action for short-term and long-term goals, and organizational soundness. Duties The President's specific job responsibilities will center on executing the overall policies of the Creative City Collaborative and implementing its vision, goals and objectives: · Supervision in collaboration with the assistant city manager of the Creative City Collaborative coordinator · Development and management of programs in fundraising, marketing and communications . Coordination of the work of volunteers . Support of the work of the Board and its committees · Development and management of budget and financial plan . Identification of new local and regional funding sources · Identification of grant funding sources and coordination of grant applications . Grant management and reporting . Liaisons with Delray Beach cultural and arts organizations . Development of a marketing and communications program to jump start the work of the Creative City Collaborative . Development and support of Creative City Collaborative as the umbrella cultural organization for Delray Beach . Liaison with key communication organizations, but not limited to those involved in arts and culture, such as the Downtown Joint Venture, Delray CRA, City of Delray Beach and Delray Beach Chamber of Commerce . Preparation and distribution of materials for Board and committee meetings · Performing a quality control function that assures that the Creative City Collaborative is being consistently and effectively presented with a strong image to critical stakeholders . Primary spokesperson for the Creative City Collaborative in the community and with the news media Qualifications The President is a person who is enthusiastic, goals-oriented, results-oriented with at least five years of experience in administering nonprofit or public programs that require civic engagement, fund raising expertise and strong communications skills. Key qualifications include: . Ability to work independently and to act as a self-starter . Ability to supervise diverse individuals working as staff, independent contractors or consultants and volunteers . Ability to prepare and manage budgets · Ability to use computers, software and equipment to improve operations and communications · Understanding of new technologies and their applications to the work of the Creative City Collaborative . Public speaking and advocacy, including facilitation experience . Project development, coordination and supervision · Ability to develop and execute strategic and business plans in timely and accountable ways . Familiarity with news and communications media . Ability to work in mid-sized city environment . Ability to work with diverse constituency, including artists, business leaders, elected officials, economic development officials and advocacy groups . Ability to provide imaginative, innovative and energetic leadership Salary is commensurate with experience with opportunity for increases based upon achievement of measurements set by Board of Directors. Background of Creative City Collaborative The umbrella cultural organization for Delray Beach, Florida, the Creative City Collaborative is a 501 (c)(3) nonprofit organization founded in 2006. Creative City Collaborative was created as a result of the central recommendation of the cultural city plan adopted by the Mayor and Board of Commissioners. The plan can be read on the City of Delray Beach website at: http://www.smartcitvconsulting.com/public/new web/CC images/Delrav Bea ch Cultural Plan.pdf. The purpose of the Creative City Collaborative is to enhance existing cultural assets, to champion new cultural strategies and plans, to trigger innovation and creativity, to embed creativity has a force throughout Delray Beach and to increase funding for cultural agencies and programs. How To Apply Applicants for the President's position should submit a letter of interest and introduction and a resume with detailed job history to www. Deadline for the letter is . If you have questions, please contact For information about Delray Beach, see www.mvdelravbeach.com. Delray Beach Creative City Collaborative Application For Funding Please send completed application to: Creative City Collaborative % Delray Beach, FL Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Contact Information Project Description, Goals and Objectives Funding Publicity and Accountability Enclosures Applicant's statement Applicants must complete all sections and enclose required documents. The application form may be completed in writing or by computer. Applications cannot be submitted by fax or email because original signatures are required. SECTION 1- CONTACT INFORMATION Name of Group Address Zip Code City State Tel: Fax: E-mail Address Website Address 9-Digit Federal EIN Name of Contact Person (the person who can be contactedfor additional iriformation) First Name Last Name Address: City State Zip Code Daytime Tel: Fax: E-mail Address Organization Officers President Vice-President Secretary Treasurer Other In what year was your organization organized? What are the main activities or purpose of your organization? (no more than 150 words) How many permanent paid staff (if any) work for your organization? How many volunteers (including committee or board members) are involved in your organizati on? SECTION 2 - PROJECT DESCRIPTION Title of Project What work have you already undertaken that contributes to your success? What do you want to achieve? (goals) How do you plan to do it? (actions to be taken) What do you need to be successful? (resources) What is the location of the project? When will your project start? How long will your project last? How many artists or local vendors do you estimate will be involved in your project? How many citizens of Del ray Beach will be served by your program or attend your event? How will you measure the success ofthe project and the achievement of its aims and objectives? Does your project relate to a specific priority of the Cultural Plan for Delray Beach? Describe how your project meets the following community goals. Criterion 1: Helping to strengthen the cultural vibrancy of Delray Beach. Criterion 2: Contributing to spirit of community and public benefit. Criterion 3: Enhancing the quality of Delray Beach cultural activity Criterion 4: Creating strong organizational foundation for the culture of Delray Beach. SECTION 3 - FUNDING How much will your project cost and how much do you need from the Creative City Collaborative (not all categories have to be applicable)? Expenditures Total cost Requested funding Staff Costs Equipment / materials Marketing Contract Fees and Services TechnicalIProduction costs Location/venue costs Travel Artists Fees Volunteer Expenses Public Sector Expenses Volunteer expenses Other Totals What are the sources of your other funding? Cash I In Kind I Earned Income I Please give details of your most recent audit (attach copy of audit to application). Accounts for most recent fiscal year Total (gross) income Total expenditure Profit or loss for year Savings (reserves, cash or investments) SECTION 4 - PUBLICITY AND ACCOUNTABILITY Pu blicity Full listings of all the grants awarded will be published. Your organization will be required to acknowledge this funding in all publicity and marketing. Accountability Any false or misleading information can result in rejection of an application, or if approved, it will result in a request for return of funding and can affect future applications. SECTION 5 - ENCLOSURES The following documents are to be enclosed with this completed application: A copy of the previous year's audit for your organization. A copy of your organization's complete, detailed budget (including actual vs. budget). Funding history for the organization for the previous three years. Evidence of non-profit status, 501(c)(3) document. Organizational chart for organization and list of board of directors Please remember to keep a copy of this application for your own use. Send application and the documents to: Creative City Collaborative % Delray Beach, FL If you need further information about completion of the application, please contact: . . . SECTION 6 - AUTHORIZATION By signing the following, your organization assures that: 1) The activities and services for which funding is sought will be administered by the applicant. 2) The filing ofthis application has been authorized by the governing board of the applicant. 3) The applicant will expend funds received as a result ofthis application for the described project or program. Chief Authorizing Official (Chairman of Board or President): Name: Title: Date: Other Officer or Project Director Name: Title: Date: Gaskins, Lanelda Page I of2 ~ Blank From: Nubin, Chevelle Sent: Monday, November 20, 2006 9:37 AM To: Gaskins, Lanelda Subject: FW: Agenda and resources Attachments: CCC.Resources.doc; CCC Purpose and agenda.doc Lanelda, Please see below information. Clieve{fe CfJ. Nu6in, C:MC City Cferlt 100:N.W. lstjIvenue CfJe{ray illeacfi, pforida 33444 (561) 243-1051 From: Barcinski, Robert Sent: Monday, November 20,20069:24 AM To: Nubin, Chevelle Cc: Harden, David; Whipple, Janet Subject: FW: Agenda and resources Please get these out to Commission tonight. Additional backup for the Colleta presentation. From: Tom Jones [mailto:tjones@smartcityconsulting.com] Sent: Friday, November 17, 2006 7:08 PM To: Barcinski, Robert Cc: Tom Jones Subject: Agenda and resources Bob: In preparing for Tuesday, I don't see a confirmation that you got these, so just in case, I'm resending. Tom 11/20/2006 IJddd;t/hJ ~daJt~ ~ .Eem 7. D Creative City Collaborative Purpose: The Creative City Collaborative (CCC) is the public/private umbrella organization for culture and the arts in Delray Beach, and in this role, its responsibility is to build the infrastructure, to coordinate public funding and support cultural growth to strengthen the city's distinctiveness as a competitive advantage in the new economy. The Delray Beach Cultural Plan is the organizational framework for the CCC, which is responsible for the implementation of its recommendations. The vision of the CCC is to target culture as a competitive advantage by increasing available funding for arts and culture, providing recommendations for public funding, screening in conjunction with City of Delray in-kind requests for public services, and championing innovative programs. Its philosophy will be centered on its role as a vehicle for creating a consensus about a shared future for Delray Beach's cultural future. Creative City Collaborative Organizational Meeting AGENDA 1. Welcome 2. Introductions of attendees 3. Purpose of meeting and background 4. Review of Delray Beach Cultural Plan recommendations 5. Review proposed bylaws 6. Review proposed budget 7. Review proposed job descriptions 8. Review proposed funding request application 9. Legal briefing about next steps 10. Identify incorporators for legal filing 11. Consensus on next steps: staffing, plan of work, nonprofit filings 12. Adjournment Resources for Creative City Collaborative National Endowment for the Arts (NEA) - http://www.nea.gov/pub/ResearchReports chrono.htmlThe NEA conducts the annual Survey of Public Participation in the Arts, the most recognized source of information on participation in the arts. Both the Notes and Reports sections of the NEA site have useful research trends in artist employment, arts organization growth, audience participation, and public funding. Center for Arts and Culture - http://www.culturalpolicy.org/ Center for Arts and Culture hosts this website that includes discussion of current issues in cultural policy, some bibliographic resources, and contact information for related professionals and organizations. Their listserv is well known among academics and policy analysts, particularly those working on cultural diplomacy, creative economy, and intellectual property. The website also maintains updates on judicial and legislative action on the federal level. Cultural Policy and the Arts National Data Archive (CPANDA) - www.cpanda.org CPANDA is a repository of data on artists, arts and cultural organizations, audiences, and funding for arts and culture from a variety of research studies. The data is free and web accessible, so it's a good place for those who need a data set for analysis. CPANDA also includes analysis and research findings from major reports. Arts Journal - http://www.artsiournal.com/ Arts Journal offers news on arts and culture compiled daily from a wide variety of local and national news outlets. They also host a number of blogs that are widely read in the arts community. Community Arts Network - http://www.communityarts.netlA well-known and very active site that includes resources, research, and exchange on community- based arts and social change. See also their news service, APlnews. Cultural Policy Academic Research Centers Princeton University's Center for Arts & Cultural Policy Studies - http://www.princeton.edu/ -artspol/ Teachers College, Columbia University's Research Center for Arts and Culture - http://www.tc.columbia.edu/rcac/ University of Chicago's Cultural Policy Center - http://culturalpolicy.uchicago.edu/ Vanderbilt University's Curb Center for Art, Enterprise, and Public Policy - http://sitemason. vanderbilt.edu/curbcenter frock Cultural Resources 1 International Journal of Arts Mana~ement - http://www.gestiondesarts.com/index.php?id=720 Journal of Cultural Economics - http://www.springer.com/westlhome?SGWID=4-1 02-70-35538583- O&changeHeader=true&referer=www. wkap. nl&SHORTCUT =www.springer.com/ prod/j/0885-2545 - http://www2.warwick.ac.uk/fac/arts/theatre s/cpl International Journal of Cultural PoUcv - http:/ Iwww.tandf.co.uk/iournals/carfax/09548963.html Cultural Trends - http:/ Iwww.tandf.co.uk/iournals/carfax/09548963.html Nonprofit Research and Information Sources Independent Sector - http://www.independentsector.org/ A leading provider of research on the nonprofit sector Foundation Center - http://www. independentsector .orgl The strongest source of information on phHanthropy and the nonprofit sector. GuideStar - http://www.guidestar.org/ A comprehensive database of nonprofit organizations, including financial information and 990 tax forms. National Center for Charitable Statistics - http://nccsdataweb.urban.org/FAQ/index.php?category=31 Downloadable raw data from nonprofit 990 forms. BoardSource -- http://www.boardsource.org/ Good source of information on nonprofit board and governance issues. Many of their resources are members-only. International Cultural Policy Resources The United Nations Educational, Scientific and Cultural Organization (UNESCO) - http://portal.unesco.org/culture/en/ev.php- URL ID=2309&URL DO=DO TOPIC&URL SECTION=201.html Founded in 1945, UNESCO is the agency of the United Nations that serves as a clearinghouse for information and knowledge in the fields of education, science, culture, and communication among its 191 Member States and six Associate Members. The International Federation of Arts CouncHs and Culture Agencies (IFACCA) - http://www . ifacca.orgl IFACCA is the first global network of national arts funding bodies. Their mission is to create an international resource and meeting ground for all those whose public responsibHity it is to support excellence and diversity in artistic endeavou r . Arts Management Network - http://www.artsmanagement.net/ International information service for culture and management. 2 Culturelink - http://www.culturelink.org/ ERICArts: European Research Institute for Comparative Cultural Policy and the Arts - http://www.culturelink.org/ International Network on Cultural Policy - http://www.artsmanagemenLnetl Resources about Boards The nonprofit organization BoardSource offers online advice, printed materials, periodicals and other resources designed to help boards of non profits. http://www.boardsource.org CompassPoint in San Francisco publishes a free monthly commentary for board members called Board Cafe. For back issues and subscription information, see http://www.boardcafe.org/ Many topics of interest to board members and organizational leaders are covered in the Nonprofit FAQ section on the Board of Directors. http://www.nonprofits.org/npofaq/kevwords/1 a.html A separate section of the Nonprofit FAQ has more information about charter documents; see http://www.nonprofits.org/npofaq/kevwords/1 c.html For links to state laws, see this list at the Free Management Library http://www.mapnp.org/library/legal/statelw/statelw.htm Conflict of interest policies are discussed, with some examples, in http://www.nonprofits.org/npofaq/16/59.html The key duties of the board (derived from BoardSource materials) are listed at http://www.nonprofits.org/npofaq/3/1 /html For a general introduction to "Insurance Questions for Nonprofits," see http://www.nonprofits.org/npofaq/19/56.html A starting point for understanding parliamentary procedure is in this FAQ item: http://www . nonprofits.orgl npofaql 16/2. html There is also a section of the Nonprofit FAQ on Board-Staff Relations. See http://www.nonprofits.org/npofaq/kevwords/1 b.html General Resources The Comparative Nonprofit Sector Project at Johns Hopkins University is a systematic effort to analyze the scope, structure, financing, and role of the 3 private nonprofit sector in a cross-section of countries around the world in order to improve our knowledge and enrich our theoretical understanding of this sector." 37 countries are included in profiles and studies. http://www. ihu.edu/ -cnp/ The Global Development Research Center, based in Kobe, Japan, offers general resources for starting and maintaining NGOs ('nongovernmental organization') throughout the world. http://~.gdrc.org/ngo/ The World Bank on "civil society organizations, a wide array of non- governmental and not-for-profit organizations that have a presence in public life, expressing the interests and values of their members or others, based on ethical, cultural, political, scientific, religious or philanthropic considerations. Civil Society Organizations (CSOs) therefore refer to a wide of array of organizations: community groups, non-governmental organizations (NGOs), labor unions, indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations. http://www . worldbank.org/ civilsocietv Resources for Start-Ups The Start-up section of Idealist's Nonprofit FAQ offers advice and links to helpful information (including this page). http://~ . nonprofits.org/ en/ip/idealistlFAQ/CategorvViewer / default?ftcate gorv-id=21 The Internal Revenue Service has comprehensive discussion of the requirements for tax-exempt status and recognition as a charity in the "Exempt Organizations" section of its website. http://~. irs.gov/charities/index.html The IRS (like the UK Charities Commission) has a page on the life-cycle of a charitable organization. http://www.irs.gov/charities/charitable/articleI0..id=122670.00. html On the IRS site there is also a page with links to state government sites with information about nonprofit corporations and other local laws and regulations. http://www.irs.gov/charities/article/0..id=129028.00. html "How to Start a Nonprofit-From Your Dream to Nonprofit Reality" from About.com. http://nonprofit.about.com/librarv/blstartfaQs.htm BoardSource has a helpful checklist at its website. http://~.boardsource.org/Knowledge.asp?ID=3.367 4 Delaware Association of Nonprofit Agencies' Nonprofit Start-Up Resources. http://www.delawarenonprofit.org/StartUp.htm The Foundation Center offers Resources for Starting a Nonprofit. http://fdncenter . org/ learn / useraids/ nonprofit. html Don Griesmann has written a comprehensive guide to starting a nonprofit with strong emphasis on the importance of having a business plan. His paper includes advice about what a business plan should include and how to prepare one -- in the nonproft setting. http://www. tess.org/misc/010708NP Biz Plan.pdf Pamela McAllister's exempt. law site http://www.exemptlaw.com/faQs/formation/f2000forming.html Five Reasons to Incorporate Your Nonprofit" from Nolo Press http://www.nolo.com/article.cfm/ObiectID/F63DD4C1-456C-418F- A 1 066A3 F3 FBE05A5 / catl D / CE94A6B3 - EFB6-4036- 8498D5414328FD73/111/262/ART/ 5 [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 2()() NW I st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE: 56 1!2-U-7()<)()' FACSI\1ILE: 561/2n-4755 DELRAY BEACH F lOR I U A Dad All-America City Writer's Direct Line: 561/243-7091 MEMORANDUM , III I! DATE: 1993 TO: 2001 November 14, 2006 FROM: City Commission David Harden, City Manager ~'-~ Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deed The following easement deed grants to the City a 12' x 15' easement in which a water line may be constructed to serve the new McDonalds Restaurant being constructed on South Federal Highway at the comer of the Plaza at Delray shopping center. Our office requests that this item be placed on the November 21, 2006 City Commission agenda for acceptance. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer ~ 1S.R 11/14/06 11m 11:05 FAX 630 623 8633 US LEGAL NORTHEAST TEAM IgJ 002 # Prepared by: RETURN: It Briml Shutt, Eiq. City Anorney's Office 200 N.W. 1st Avenue Delray Beach. Florida 33444 EASEMENT DEED THIS INDENTURE, made this 1;L'd;y of OcfeJb<.,.. , 2~ by and between Linton' Delray. LLC, a Delaware limited liability company, with a ma.iling address of /eo Rame<r Gcrshenson, Inc., 31500 Northwestern Highway, Suite 300, Farmington Hills, Michigan 48334 (HOwner"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Deltay Beach, Florida 33444, a municipal corporation in Palm Beach COunty, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, seU and release unto tbe party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCR.J1>TION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion ofland described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the firsi part agrees to provide for the release or subordination of any and' a.ll mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property (sidewalks, drives, parking areas, and curbing, however are allowable). The party of the first hereby reserves the right to 1 11/14/06 Tlm 11:05 FAX 630 623 8633 US LEGAL NORTHEAST TEAM 141003 It is understood that upon completion of such' construction, all lands disturbed thereby as a result of such construction performed thereon, will, be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above.described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allow5 or pennits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1 : OWNER Lin~on Delray, LLC, a Delaware limited liability company ~AuAA ;1.Af%t~~ 1<.tfl.-fh/~~V1I.... S-I-eed (name printed or typed) " M1CHAa J. SULUVAN SENIOR VICE PRESIDENT ASSET MANAGEMENT WITNESS ~2; . ~~-~ ~yy~ .lL:A~2h (name printed or typed) RICHARD J. SMITH CHlEf FINANCIAL OFFICER 2 11/14/06 11m 11:06 FAX 630 623 8633 US LEGAL NORTHEAST TEAM 141004 roe tS _ day of e of officer or agent), of (name of corpora~ion (State or place of incorporation) corporation, on behalf of the corpor .:: . He/She is personally known to me or has produced of i~entification) as identification and did/did not take an oath. ! i S~pature of Notary Public ft State of I ! The foregoing instrument was acknowledged , 200_ by COUNTY OF ( STATE OF Michigan COUNTY OF Oakland The foregoing instrument was ackno,wledged before me this ~ day of ,Oct.ober , 200 6 by Michael J. Sullivan .land Ricbaid J. Smith of Linton Delray, LLC. .a DeLaware IImited liability company! , on behalf; of the company. They are personally known to me and did not take an Qath~ I l-dhAL0t.. I~ Signature of Notary ~ic St1te of Michigan ;1 (SEAL) HEL5N MCKUNE NOtmy Public. 81ate ofMIchJ&an County of Oakland ~~Iai04Exp~ ,I ktIII& \A County of I I I I 3 j I ~ 'II , II . " 'I !, 11/14/06 11m 11:06 FAX 630 623 8633 US LEGAL NORTHEAST TEAM III 005 " EXHIBIT n".. 'I :1 !I A portion of ^ REPLR 01' ot;\.AAY NALL aooordl!l9 to the phlt ~. " rlOOrd.d In PIClt ~ 511 CIt PCI'iB I," of t"8 Public Rtcor. of PCllm a_Dan CPllnty, F1011c1a, ltaln9 mol'll ~IIIUIQl'lY de:.otIbod 01 follows: CDl'llm'~ <It 1110' "~1It corn.,. of .md /I. HePLA" Dr ~ MALL. tho NoI1h "no IIf .gkj plat bolIl1I NClrth all''4TOfI" '#Jut., fRlm .ald NorthMBt ..-nor, '1I1ef North9C1,t Ollrnfr 1yI11fl:~n th. W~ r1gh1-or_ClY line 0' F'IIQItl'QI HIo/'IwO)i AlK/A SlaW I'Wod NIl. 5 IMIna CI all'lllllllr gu~" IID/l1llMl tI! ~ NorthwlWt and whow ",diu. polot ~CII'lI N<<1:h 7(t2.t3S. Weot; thBIICIlI NPI1t1 W+1'lW WtIrt alllnll! lIC!llf Narth bne. ar.a blllllg along th. ext.rIor bClundary Un. of b ~I PG~I liI' ."'~ DIl ttIO IU~I PJ'IJIGI'llt;l by ForUn, I-vavy, S~ me.. PnMllQ I\l~ 2005-110. dClhd IlICMmlbtr 1. ~ uncllr Ord.r Nllm~ 0:52100, Por 14-B.89 feet. the folloWIng fallr (4) GOUl"lelr belnt '*'rnl IlGIIJ o~r1Or b~rKI\ll)' nn. Qf tho : l,4oDonald" Parge', 1) thJnQ'l SQUIll OCT ~1'09" Wolli. tor 111.aD feet: 2) 'lhenoo Sguth ..57'54" Weet tClr 100.c0 flil;u J)l lh9hO, SouVl OO'02'OSw Eat f~ 91.21 fll.t 19 the Point of fJaglhnfnll Ill' thIl hlll"elnllfUlr ~~ W.r Ule EQ,nwnt 4) thwoo. V9fltinlltl ~ OI7'02'off' [olIt fQl" 1 a.oo fllft; ~ SPloIth 8\1'117'54" W,et ror 15.51!: flMlt tu:o P.OInt on tho toet In.. of en 8lC1stln1I 12 twt Wen. Main EaIlOl'llellt a. reaonlod '" OfllOIal R_rd, Pollk 7991' tit Pa911 1 !ill~ 9r the PubrlC Rooordl of palm IJ~CfI CllUll\Y. I'ID11l1a; the"'" Nwtll OO"tIQ'1Z" I':oe\ IIlQnw Gkl E~ I1nIl gf Qf\ .x1ltt1nll 12 foot Wcmlr hlQln F.:iiUmaJif rat 1%9 fl6h tlIenoo NOI1h ,,(I'I1'It"" EaIIt.fOr , 5'!ij' fl,MI~ to trl9 f'lp1nt of e'91n"I"9. SURVEYOR'S NOTES: :. - 'J1ri. lite II.. In Sec;tIan 8. TOWII.h1p 54 South. RlIfIC' "D Ea; t, ~ D1 Delfa)' Beaah. Plllm BDooh County, f'knIo. il' I . - Boarlnll8 herun an rotCR"Rd to on _e"mod valUlr 01 S 32'41[1'06" W for tIl. W.WI1 l'IGh\ or WlI)' line of F.dIraI ~oy. - ~o IIttoIfl1 her.on were IlOl C1~d tvr lIUMItIOntI a~: Dr rl9hb-af......ll)' or reoordJ. - lhlll b nll1 cI "aoun.1)' Su7VD1" but Dllb' cI 9"lphIc dlIp~ t1f lb. d~ptkln '"own horDm. i - D1m1l.,.DnB IIhown h..--n 01'8 baed on Fartln. ~. Skll....: BkstcI1 '2005-218. L.i:GAL DeSCRIPTION: Water Une easement SURVEYOR'S CERTIFICATION: i i J IlDnlDY certIfv tt!at Ulb "Skol.ch C7I' Dlm1pUon" _ I1lGde ~ r "IY- rwpgmIM */'911 on ~r ~ looe. and ",acto \110 t.llnlmum T,Iilh",~1 S\llndClnll ClII Nt forttt b~ tI'Il Fll!Irida Boord of. Profonkind SUI'Ve)IOI1I oIld lo4apperw In ChaptDr Cl1B11~II. F1011d0 AdmInletn:lltvo Codo, P\lnlUClrrt to !5~on 4n.027, Florida St~L ;1 'N!ll vllllcl Wlllllklllhl ~ IlftdIlllD1gllllI1is1d ! .ell III Ii F\of'ld;,lJ<;_1ICl ~nlMllll*" i i FORTIN. LEAVY. SKILES.INC.. 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I lAI8l'fl1\M.Ell CCJJIfT Oll,Il~' PLAl'1IOOI< Pl!PAOE u I POINT OF COMMENCE.MI:NT I Nolo OOIIQ Of' A AlPlJ.T Of' _V IPI.L i , -~ll~~~ ~1l"4"08.W 148.88'.:!.... GRAPHIC SCALE ~ T C.nm) " .... -"0 IL s~'1'~"W P'1!IIlClII ~ uc r6' ~,,~ A REPlAT OF DElRAY NAU. Pl.AT IlOOI< I5a PAQf 133 , ., i I ! I .! lIESIRT ...... ~ WAY 1M: llf' JIEP&\VlL tGfW^'l' (SrA'Il: IIWO 140. t) I ! ., ;'j :1 ~~ / ~z' O' /.J.. <:> ~ ~ ~"f' O"f' ~<::(' g- ~ Q;-.~ .* ~ Rt & I ..../f! 10;. ~/j ...., t; Of: t?J' $' ~ ..::,' Q i" / ,,<Ii) / / I I I I I I I I 5IllI"&''M'' '\-17. 1D/2/0I t~ FORTlN, LEAVy..:ISKlLES, INC. CONSl,JLTINO I!NOINBmtS. SU vnvOJU: ~ MAPPrnul 'I"I.(nnn^ rnvt'Tlfl7~^TJl Or ^,,',~nR . .^'TIo">!' ....~RR' 00<11))/\'" I Rn Nm'lhaIWt u\Rm. ~trGA;" '''''t1H'd1 "Iuml ,,~h. ..tnnlikl. ;'1:'11 A2. . J-hC'ttit8; )n:i-f1....:\........~~ J"_ .'W)!I-f'i:'iJl..71.. I P.n~U n"Ofn..-n-~.ctnn't Dote 1 0/2/08 SDAle 1 "=40' Job. Ro. 061903 Oq. ND. 1006-198-1 ~...t :2 o( .) D....WD BT MAP CIU:l. No. 06190J . 'Kg. 2005-21 8 '1 :1 .,t , J1 11/14/06 Tlm 11:06 FAX 630 623 8633 D"A~ 1Iy MAP CAd. lie. . 08' SOJ . "It. 2005-21 S !lDt&..l: , D/ZIDe ,~ US LEGAL NORTHEAST TEAM I: Ii I.' I: I:' !;: I ~. 141 007 ~ u WATER L o.te. 10/2/06 s""J. NOT TO SCAlE ,rob. No, 06' 903 Drg. No. 1006-198-1 ~&&t J ol J . FORTIN. LEAlvy~': KlLBS, INC. O~')NSULTrNCl1!NalNe:iht:s. su VEYORS ~ MAPpeRS Pl-ORm^ c;m\,",",r""TP. Ol' ~~.. 'T'!""'" N'(~RR' --.o.,,~ I Rn 'N'nf"'Ih~t ) <..Ut~ Ruool 'Hen...",l . IU". ,,~~. 'Flnrlcla. ';\:-J; I r~2. Phn....; :-tl\.1:..Il..,.....w.G=t 'FAW;ir- ""'t.~I.. 1'P.rftIall r1JI~urwll)"..onn, ! . MEMORANDUM FROM: }~ YOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM # ~.a REGULAR MEETING OF NOVEMBER 21.2006 CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL PAYMENT / ASSOCIATES ROOFING, INC. TO: SUBJECT: DAlE: NOVEMBER 17, 2006 This is before Commission to approve Change Order No. l/Final (Contract Closeout) in the amount of $3,652.80 and final payment of in the amount of $59,752.70 to Associates Roofing, Inc. for completion of the Delray Beach Golf & Country Club Re-Roofing Project. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). Recommend approval of Change Order No.1 /Final (Contract Closeout) in the amount of $3,652.80 and final payment of in the amount of $59,752.70 to Associates Roofing, Inc. for completion of the Delray Beach Golf & Country Club Re-Roofing Project. S:\City Clerk\AGENDA COVER MEMOS\Contmct Addition \CO t CC Associates Roofmg Inc Golf & Country Club Project t 1.21.06.doc City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com TO: DAVID T. HARDEN, City Ma FROM: Bob Diaz, Construction Manag .. SUBJECT: DELRA Y BEACH GOLF & CO RY CLUB RE-ROOFING (PIN 2005-051) Agenda Request; Change Order #l/Final Payment DATE: NOVEMBER 13,2006 Attached is an Agenda Request for City Commission to approve closeout Change Order #1/ Final payment in the net Add amount of $3,652.80 and final payment amount of $59,752.70 to Associates Roofing, Inc. for having completed the re-roofing of the Delray Beach Golf & Country Club project. All changes for the project are itemized on the attached Schedule "A" to Change Order #1/ Final. The project is complete and all closeout documentation received. Staff recommends City Commission approve Change Order #l/Final in the Add amount of $3,652.80 and final payment in the amount of $59,752.7070 to Associates Roofing, Inc. for having completed the re-roofing of the Delray Beach Golf & Country Club project. Funds are available from account 551-1575-591-45.50, $59,752.70 Insurance Fund Property Claims A Contractor Evaluation is also attached. Please place this item on the Nov 21, 2006 Commission meeting. cc: Richard Hasko; Director of ESD Rafael Ballestero; Dep. Director of Construction. ESD Carolanne Kucmerowski; Construction Management Technician, ESD Chevelle Nubin, City Clerk's Office Robin Cox; Risk Management Agenda File 11/21/06 File 2005-051 (A) S:\EngAdrnin\Projects\2005\2005-051 \OFFICIAL\Associates Roofmg Const Agd rnem CO#l Fin GC 11.21.06.doc Delray Beach Golf and Country Club Schedule "A" PIN 2005-051 Final Quantities Associates Roofing, Inc Contract Award ITEM ITEM NO. DESCRIPTION UNI UNIT PRICE TOTAL PRICE 1 Re-Roof Golf & Country Club LS BldQ $552,989.00 2 Contingency Allowance LS $8,000.00 3 Indemnification LS $10.00 Total Base Bid $560,999.00 Change Order One Fumish & Install 12 Sheets of LS Plywood $0.00 Fumish & Install 10 New Drain LS Assemblies $0.00 New Engineering and Fastening LS Pattem Exposed Fascia $0.00 Repair Wood Deck and Rafters S/E Comer of Bldg $0.00 Engineering and installation of LS 2"x6" around perimeter $0.00 Contractor Overhead and profit for change order one % $0.00 Total $0.00 Contract To Date TOTAL Difference UNIT PRICE PRICE $552,989.00 $0.00 $8,000.00 $0.00 $10.00 $0.00 $560,999.00 $0.00 $1,164.00 $5,250.00 $1,200.00 $475.00 $2,000.00 $1,563.80 $11,652.80 $11,652.80 Change Order Totals $11,652.80 I Original Award Change Order Total Less Contract Contingency Amount Revised Contract Amount This Change Order $560,999.00 $11,652.80 ($8,000.00) $564,651.80 ($3,652.80) S:IEngAdminIProjectsI2005I2oo5-051\OFFICIAL \Associates Roofing qtys.x1s Print Date: 11/1412006 CHANGE NO. PROJECT TITLE: 1/ Final CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT PROJECT NO. 2005-051 DATE: Municipal Golf Course Club House Re-Roofmg TO CONTRACTOR: Associates Roofing, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK. ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 0.65 % TOTAL PER CENT INCREASE TO DATE 0.65 % $560,999.00 $0.00 $560.999.00 $ 3.652.80 $564,651.80 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. Associates Roofmg, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from accounts: 551-1575-591-45.50 $3.652.80 DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor APPROVED: ATTEST: By: City Attorney City Clerk ~'\Fn"ArJmjn\Pm;rets\700<;\700<;-0<;1\OFFTr.TAT \ASSf\..,;~t"" r.0#1- 10 74 Oli rJ"" Agenda Item No.:K[3 AGENDA REQUEST DATE: November 13, 2006 Request to be placed on: X Regular Agenda _ Special Agenda _ Workshop Agenda When: November 21, 2006 Description of item (who, what, where, how much): Request City Commission to approve closeout Change Order #1 / Final payment in the net Add amount of $3,652.80 and final payment in the amount of $59,752.70 to Associates Roofing, Inc. for having completed the Delray Beach Golf & Country Club Re-Roof project (P/N 2005-051). All changes for the project are itemized on the attached Schedule "A" to Change Order #1, Final. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Request City Commission to approve closeout Change Order #1 / Final payment in the net Add amount of $3,652.80 and final payment in the amount of $59,752.70 to Associates Roofing, Inc. for having completed the y Be Golf & Country Club Re-Roof project. Department Head Signatu : / ( l'f-o~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives Account No. & Description Account Balance (if applicable) See above See above City Manager Review: ~. PJ1 Approved for agenda: &1'010 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved S:\EngAdrnin\Projects\2005\2005-051 \OFFICIAL\Associates Roofing Agnd req COOl Final GC 11.21.06.doc MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM # ~ t REGULAR MEETING OF NOVEMBER 21. 2006 CHANGE ORDER NO. 1/HARDRlVES OF DELRAY. INC. TO: SUBJECT: DATE: NOVEMBER 17, 2006 This is before Commission to approve Change Order No. 1 in the amount of $40,000.00 to Hardrives of Delray, Inc. for the excavation, hauling and disposal of the excess lime sludge from the overflow lagoon at the Water Treatment Plant. Funding is available from 442-5178-536-46.90 (Water/Sewer/Renewal and Replacement Fund/Other Repair/Maintenance Costs). Recommend approval of Change Order No.1 in the amount of $40,000.00 to Hardrives of Delray, Inc. for the excavation, hauling and disposal of the excess lime sludge from the overflow lagoon at the Water Treatment Plant. S:\City Clerk\AGENDA COVER MEMOS\Contract Addition\CO 1 Hardrives of Delray Inc Water Treatement Plant 11.21.06.doc 'City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com TO: David Harden, City Manager Victor Majtenyi, Deputy Director of Public Uti1itie~ FROM: SUBJECT: EXCA V A nON OF SLUDGE OVERFLOW LAGOON AT THE WATER TREATMENT PLANT (PIN 2003-041) Change Order #1 to Hardrives of Delray DATE: NOVEMBER 10, 2006 Attached is an Agenda Request for City Commission to approve a change order to the existing purchase order to Hardrives of Delray, Inc. for the excavation of the lime sludge from the overflow lagoon at the Water Treatment Plant. The change order is a net add amount of $40,000. The work to be performed will be charged on a time and materials basis using hourly equipment rental rates not to exceed $64,000. The proposed work is for the excavation, hauling and disposal of excess lime sludge material within the overflow lagoon. Hardrives is a sole source option for this work, having the required equipment and manpower. They have extended their hourly rates from their quote submitted in February 7th, 2006; the rates are consistent with typical hourly rates for this type of work. Historical data reveals this work costs approximately $64,000 (in FY 04/05 it cost $63,612.50). Currently, there is a balance of $23,980.00 on the open purchase order; P.O. #634062 was issued in March 9, 2006 in the amount of $60,000. Therefore, staff estimates another $40,000 to remove the material from the lagoon. Based on their satisfactory performance with this same work in past years, staff recommends approval of Change Order #1 in the amount of $40,000.00 to Hardrives of Delray, Inc., for the Excavation of Lime Sludge from the Overflow Lagoon at the Water Treatment Plant. Funding will be available from Account # 442-5178-536-46.90, Other Repair and Maintenance. cc: Richard Hasko; Director of ESD John Bullard; WTP Manager Rafael Ballestero; deputy Director of Construction City Clerk's Office Agenda File 11.21.06 \\EssrvOOI\beatty$\WTP\Agenda memo Sludge Pond Excavation 11.21.06.doc Page 1 of2 Majtenyi, Victor From: Ballestero, Rafael Sent: Wednesday, November 08,20061 :24 PM To: Majtenyi, Victor Subject: FW: Sludge Lagoon Excavation Here you go! Rafael C Ballestero Deputy Director of Construction City of Delray Beach (561) 243-7320 From: Craig Elmore [mailto:cke@hardrivespaving.com] Sent: Wednesday, November 08, 2006 10:01 AM To: Ballestero, Rafael Subject: RE: Sludge Lagoon Excavation Rafael Yes if you think that will cover all that you want to do. Thanks Craig Elmore -----Original Message----- From: Ballestero, Rafael [mailto:Ballestero@cLdelray-beach.f1.us] Sent: Tuesday, November 07,20062:52 PM To: Craig Elmore Subject: RE: Sludge Lagoon Excavation Craig: P.O. 634062 is still good. There is approximately $24,000.00 remaining on this P.O. We are hoping to increase this P.O. by another $40 - 45,000.00. Is it ok to increase the P.O. by this amount using your quoted rates from Feb '06? Rafael C Ballestero Deputy Director of Construction City of Delray Beach (561) 243-7320 From: Craig Elmore [mailto:cke@hardrivespaving.com] Sent: Tuesday, November 07,200612:42 PM To: Ballestero, Rafael Subject: RE: Sludge Lagoon Excavation Rafael I gave new pricing on Feb.06 and have a P.O.# 634062 if this is still good we can pursue the work. Please let me know. Thanks Craig Elmore -----Original Message----- From: Ballestero, Rafael [mailto:Ballestero@ci.delray-beach.fl.us] 11/1 012006 Page 2 of2 Sent: Monday, November 06,2006 1:26 PM To: Craig K. Elmore Subject: Sludge Lagoon Excavation Craig: Will you please provide hourly equipment rates so we may issue a new P.O. for sludge pond excavation? You may scan and email me your quote, or fax to 243-7314. Thanks, Rafael C Ballestero Deputy Director of Construction City of Delray Beach (561) 243-7320 11/1 0/2006 Agenda Item NO.:~.c AGENDA REQUEST DATE: November 10, 2006 Request to be placed on: -L Regular Agenda _ Special Agenda _ Workshop Agenda When: November 21, 2006 Description of item (who, what, where, how much): Approve Change Order #1 in the net add amount of $40,000.00 to Hardrives of Delray for excavation, hauling and disposal of excess lime sludge material from the overflow lagoon at the Water Treatment Plant. They have extended their hourly rates from their quote submitted in February ih, 2006; the rates are consistent with typical hourly rates for this type of work. Funding for this project will be provided from the account 442-5178-536-46.90, Other Repair and Maintenance. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to Hardrives of Delray for excavation of the lime sludge from the overflow lagoon at the(!&p, PIN 2003.-041. D~partment Head _ I J /J Signature: .. ~ II-e)-o(o Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding aVailable Funding alternati Account No. & Description Account Balance See above See above (if ap,Qlicable) , j / 0,) i.f~Z -~) Icr-j-3t. .,-"" ~/u r; (j t.;: 8"i I' ~~~,- /-f Ctt Yd<. ,(tl,.( 6- City Manager Review: ~ Approved for agenda: E 0 Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2003-041 (A) \\EssrvOOI\beatty$\WTP\Agnd req Sludge Pond Excav l1.21.06.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM #~. D- REGULAR MEETING OF NOVEMBER 21, 2006 CHANGE ORDER NOS. 3 & 4 (CONTRACT CLOSEOUT)/FINAL PAYMENT /BSA CORPORATION/DELRAY BEACH PUBLIC LIBRARY DATE: NOVEMBER 17,2006 This is before Commission to approve Change Order No. 3/Final in the amount of $245,655.56, Change Order No. 4/Final in the amount of a $233,455.00 decrease and final payment in the amount of $76,118.25 to BSA Corporation for the construction of the new Delray Beach Public Library; and approve a return of refund in the amount of $79,909.58 to the Delray Beach Public Library. Funding is available from 334-3552-571-62.10 (General Construction Fund/Buildings). Recommend approval of Change Order No. 3/Final in the amount of $245,655.56, Change Order No. 4/Final in the amount of a $233,455.00 decrease and final payment in the amount of $76,118.25 to BSA Corporation for the construction of the new Delray Beach Public Library; and approve a return of refund in the amount of $79,909.58 to the Delray Beach Public Library. S:\City Clerk\AGENDA COVER MEMOS\Contract Addition \CO 3 and 4 CC BSA Delray Public Library t t.2Ul6.doc ~'(p MEMORANDUM THROUGH: David T. Harden, City Manager Jackie Rooney, Purchasing M~. 1- Lisa Hartman, Accountant II %j t ~ Joseph Saffo~ce Director TO: FROM: DATE: November 15, 2006 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 21,2006 - FINAL CHANGE ORDERS 3 & 4 AND FINAL PAYMENT FOR CONTRACT CLOSEOUT BSA-DELRA Y BEACH PUBLIC LIBRARY Item Before Commission: City Commission is requested to approve Final Change Orders NO.3 in the net add amount of $245,655.56 and No. 4(Contract Closeout) in the net deduct amount of (-$233,455.00) and the final payment to BSA for the contract completion of the Delray Beach Public Library for $76,118.25. In addition, the unused portions of the funds paid by the Library to the City for the Library construction are being returned back to the Library in the amount of$79,909.58. Background: BSA was awarded the contract for the construction of the Delray Beach Public Library on August 3, 2004 by City Commission. Total funding for the Library project was $7,455,242.00. Per the contract BSA is entitled to 25% of any cost savings that is less than the Guaranteed Maximum Price (GMP) upon completion of the project. The cost savings under the GMP was $311,273.62. Therefore, BSA is due $76,118.25 as the construction of the Library is completed. BSA- Delray Beach Public Library Original Amount- Change Order 1- Change Order 2- Change Order 3- Change Order 4- Materials Purchases $7,096,278.00 43,946.00 315,018.00 245,655.56 (233,455.00) ($2.264.908.63) Total $ 311,273.62 . . Library Construction Funding Delray Beach Public Library City of Del ray Beach Grant State of Florida Library Grant $4,455,242 2,500,000 500.000 Total Construction Budget $7,455,242 Cost Savings Breakdown Weekes & Calloway. BSA 25% Payment Sales Tax/Change Order Adj. ** Delray Beach Public Library $ 49,508.34 76,118.25 105,737.45 79.909.58 $311,273.62 · This expenditure was paid by the City on behalf of the Library so that construction materials could be delivered to the site. It was Builders Risk Insurance. .. This amount is the difference between sales tax savings and the third change order. The sales tax savings resulted from the City purchasing materials for the construction of the Library. While there was an increase to the cost of the project, there were sufficient funds available to pay for these costs. Therefore the Library did not contribute additional funding at that time (Change order No.3). The City is only refunding the Library the balance based upon actual contributions to the project. Recommendation: Staff recommends final payment to BSA for contract completion in the amount of$76,118.25 and refund of the remaining balance to Delray Beach Public Library in the amount of $79,909.58. Funding from account code 334-0000-205-00.00 These expenditures were accrued in Fiscal Year 2006 in 334-3552-571-6210 ($76,118.25) and 334-3552-571-4921 ($79,909.58). AGENDA ITEM NUMBER: <g. ]) AGENDA REQUEST Request to be placed on: November 21, 2006 Date: November 15, 2006 .JQL. Consent Agenda _ Special Agenda _ Workshop Agenda Description Of agenda item: Approve final Change Orders 3 & 4 for close out and final payment to BSA for $76,118.25 for construction of new Delray Beach Public library. Approve retum of funds to Delray Beach Public library in the amount of $79,909.58. NO NO ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES Recommendation: Approve final Change Orders 3 & 4 for close out and final payment to BSA for $76,118.25 for construction of new Delray Beach Public library. Approve retum of funds to Delray Beach Public Library in the amount of $79,909.58. Funding from account code 334-3552-571-62.10 (General Construction Fund, New Delray library, Capital Outlay, Building). Accrued in Fiscal year 2006, pay from a liability account, Contracts Payable, 334-0000-205-0000 Department _ signature: ~ ~ ~ \ '" Detennination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure Of funds): Funding available: Yes ~~ No Funding alternatives: (if applicable) Account Number: 33 4 - 35 5 C -57 I, b 2 - If) Account Desaiptlon: /3u-;1 d i ~_ Account Balance: Clty~- DJ.()! 1IIIbNO Approved for agenda: Yes ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM FROM: MAYOR AND CIlY COMMISSIONERS ~IlY MANAGER AGENDA ITEM # ~. E - REGULAR MEETING OF NOVEMBER 21. 2006 SERVICE AUTHORIZATION 18.2/CURRIE SOWARDS AGUILA ARCHITECTS. TO: SUBJECT: DATE: NOVEMBER 17,2006 1bis is before the City Commission to approve Service Authorization No. 18.2 in the amount of $37,500.00 to Currie Sowards Aguila Architects for the provision of professional consulting services relative to the proposed Environmental Services Administration Building at the ESD complex on Swinton Avenue. Funding is available from 441-5161-536-62.32 (Water/Sewer Fund/ESD Building Expansion). Staff recommends approval of Service Authorization No. 18.2 in the amount of $37,500.00 to Currie Sowards Aguila Architects for the provision of professional consulting services relative to the proposed Environmental Services Administration Building at the ESD complex on Swinton Avenue. S:\City CIerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Service Authorization Agenda MemoslServicAuth. 1118.2 Cwrie Sowards Aguila Architects ESO Admin Bldg 1 L2 L06.doc Page 1 ofl Nubin, Chevelle From: Safford, Joseph Sent: Tuesday, November 21,20063:10 PM To: Hartman, Lisa; Nubin, Chevelle Subject: FW: Agenda Item #8.0 Attachments: letter to CM - pull Agenda item.doc FYI. Item 80 to be removed from the Consent Agenda per the attached memorandum. A meeting with the City Attorney and other parties is being set up to resolve. From: Alan Kornblau [mailto:alan.kornblau@DelrayLibrary.org] Sent: Tuesday, November 21, 2006 2:28 PM To: Harden, David Cc: Safford, Joseph; Ruby, Susan Subject: Agenda Item #8.0 Hello Mr. Harden. The Delray Beach Public Library is requesting that Agenda Item #8.0, Final PaymenUBSA Corporation/Del ray Beach Public Library, be removed from the Regular Commission Meeting Agenda on Tuesday, November 21, 2006. Attached is a letter stating our concerns. Thank you for your time and immediate attention with this matter. If you have any questions or comments, then please let me know. Alan Kornblau Library Director Delray Beach Public Library 100 West Atlantic Avenue Delray Beach, FL 33444-3662 Phone: (561) 266-9488 Fax: (561) 266-9757 *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** *** ~ -~~.l:J 11/21/2006 David T. Harden, City Manager City of Delray Beach 100 West 1 Avenue Delray Beach, FL 33444-2698 November 20, 2006 Dear Mr. Harden: On behalf of the Delray Beach Public Library, I am requesting that Agenda Item #8.D, Final Payment/BSA CorporationlDelray Beach Public Library, be removed from the Regular Commission Meeting Agenda on Tuesday, November 21, 2006. At this time there are substantial as well minor unresolved issues with the library building that need to be resolved prior to the final closeout of the building. These include an ongoing situation with the air conditioning chiller unit which creates an unacceptable level of noise throughout the majority of the building and the air handler on the first floor that produces excessive air flow in the Youth Services area, adding to the unacceptable level of noise. Perkins & Will Architecture Firm contracted an architectural acoustics engineer to review the_se areas and a report has been received by all parties concerned identifying several issues that require correction. As of this date, responses to the report have not been received by all concerned parties and we do not have a final solution, nor has it been determined who bears the responsibility for these corrections. In addition to the air conditioning issues, the library continues to experience problems with failed lighting fixtures. At this point, ten percent (10%) of the linear lighting has failed to operate. The first failure occurred when a series of five light banks began to spark and explode, prompting the fire department to respond and the building to be evacuated. These fixtures were replaced by the manufacturer, however, lights continue to fail in series of one, two, and five banks at a time. Lighting systems at the second floor Information Desk and in the Cookbook Cafe are also defective. BSA Corporation sub- contractors have made several service calls and still the cause of the lighting failures has yet to be identified. As with the air conditioning issues, the cause of the problems and whose responsibility it is to correct them is undetermined at the present time. Therefore, because of the reasons stated and some other minor issues on our punch list, the Delray Beach Public Library is requesting that Agenda Item #8.D, Final Payment! BSA CorporationlDelray Beach Public Library, be removed from the Regular Commission Meeting Agenda on Tuesday, November 21, 2006. Thank you for your time and consideration with this matter. Sincerely, Alan Kornblau Library Director 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: ESD ADMINISTRATION BUILDING DATE: November 10,2006 Attached is a copy of service authorization #18.2 for Currie-Sowards-Aguila Architects for provision of supplemental professional consulting services relative to the proposed Environmental Services Administration building to be constructed at the Environmental Services Complex on Swinton Avenue. This service authorization is for provision of construction administration services with a scope that includes under construction site inspections, response to contractor inquiries, shop drawing and submittal review, pay application review, review and confirmation of substantial and final completion phases of the project and verification of final project close out documentation. The total fee for this scope of services is $37,500 with funding available in Water & Sewer Fund account #441- 5161-536-62.32, ESD Building Expansion. Please place this item on the November 21,2006 agenda for consideration by Commission. Cc: Randal Krejcarek, P.E., City Engineer Victor Majtenyi, Deputy Director of Public Utilities Rafael Ballestero, Deputy Director of Construction CURRIE · SOWARDS · AGUILA · ARCHITECTS Robert G. Currie, AlA Jess M. Sowards, AlA Jose N. Aguila, AlA CURRIE SOWARDS AGUILA ARCHIiECTS CONSULTING SERVICE AUTHORIZA nON DATE: September 30. 2006 SERVICE AUTHORIZATION NO. Eit'lhteen 18.2 FOR PROFESSIONAL CONSULTING SERVICES CllY P. O. NUMBER: CllY EXPENSE CODE: TITLE: Environmental Services Department Administration Buildint'l CSAA # 050302 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement dated March 29, 1996, as amended, between the City of Delray Beach and The Robert G. Currie Partnership, Inc., dba Currie Sowards Aguila Architects. PROJECT DESCRIPTION Services include Construction Administration Services as described in previously approved Service Authorization number 18, dated October 17, 2005, described as follows: TASK II-C CONSTRUCTION ADMINISTRATION PHASE This phase will generally include response to RFI's, review of general contractors request for payment, shop drawing review and periodic site visits to observe progress of construction activities. II SCOPE OF SERVICES Scope of services will generally include the following services: A. Limited Construction Administration Services B. Site visits limited to two per month C. Response to Contractor questions D. Review of required submittals E. Review of proposed application for payments F. Review for determination of Substantial Completion G. Preparation of final punch list H. Review of project close out documents 11/ BUDGET Professional services as described above will be completed for a lump-sum-fee of Thlrty- Seven Thoueand Dollare ($:37.000.00) and No Cente. Reimbursable expenses are in addition to the above expected to be no more than $500.00 Dollars, which will not be exceeded without prior authorization. IV COMPLETION DATE Services will be completed in an expeditious manner, consistent with a written Notice to Proceed from the City. However, we estimate that construction should be completed within twelve months from Contractor's NTP. FORMERLY ROBERT G. CURRIE PARTNERSHIP, INC.' AlA FLORIDA FIRM OF THE YEAR 2000 1.'54 Northeast First Avenue' Delray Beach. F]orlda .'5.'5444. 561-276-495] . Fax: 561-24.'5-8]84' AA0002271 www.currlearc.com ]1] -,-:00j. --00j. J J.../ J This Service Authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of services rendered in the previous phase or as encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the service provided in the previous phase or Service Authorization, the City may terminate the Contract without incurring any further liability. The CONSULTANT may not commence work on any Service Authorization approved by the City to be included as part of the Contract without a further notice to proceed. Approved by: CflY OF DELRA Y BEACH CURRIE SOWARDS AGUILA ARCHITECTS Date: .LA.o~ Jeff Perlman, Mayor Attest: STATE OF FLORIDA COUNlY OF PALM BEACH The following instrument was acknowledged Before me this ~ Day of ~~ . 2006, by Jose Aguila, of Currie Sowards Aguila Architects, a professional Association. He is personally known to me and did not take & . Oo~~ Notary Public My Commission Expires: ~\\\,"1IIt1"''''~ ~,'~ ~W\8en Da,./"h ~ ~ ......... ~ -7~ ~ ...~ISSION,co~... ~ ~ . vCj~y 1 A,"""--1: · ~ .::: .. ~ ':"t:' ~_. ., ~ :~ 5EAL~W,\ i :*. .... .*: : : : : ~ ~.. #DD176006 : ~:- ~~ . . s ~~ooo };~~ 0.0(9; ~.rrA..,.F"ail-II'$P';..~ <. : ~. ~ ~d ........ Q\..' '/1.1/1, 'lie STt-1'C,." . '/II',i II;: j\\'" :/ :/:/ ::':~7 ;./ .:.-;.'-;,:-j rr/ ..J ....:./ ;;../ AGENDA ITEM NUMBER: <l.c AGENDA REQUEST Date: November 10,2006 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda November 21,2006 When: Description of agenda item: Staff requests Commission approval of service authorization #18.2 for Currie-Sowards-Aguila in the amount of $37.500 for provision of construction administration services relative to construction of the proposed Environmental Services Administration building at the ESD complex on Swinton Avenue. Funding is available in Water & Sewer account #441-5161-536-61..32. ESD Building Expansion. r ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES NO NO x X Recommendation: Staff recommends approval. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes x No Funding alternatives (if applicable): Account Balance: IpI / - S- / t, / - .5 3& - ~ ~3 z e-SPEUlJ/~ . /I tl5'~/,2(gtJ ~t?A~~./~~ " I t7 Account Number: Account Description: Approved for Agenda: @ -t2i4 ~,;&~ ~ City Manager Review: No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER: ~ [IT' DF DElRAY BEA[H CITY ATTORNEY'S OFFICE .?()() NW I st AVENUE' DELRA Y BEACH. FLORIDA 33444 TEI.EPHONE 561/24.,-7()l)() . F\CSI:vJ [LE: 56 [/278-4755 DELRAY BEACH F lOR I D ^ Writer's Direct Line: 561/243-7091 lI.ed All-America City " III!OATE: MEMORANDUM November 14, 2006 1993 2001 TO: City Commission David Harden, City Manager t\-,-~ Brian Shutt, Assistant City Attorney FROM: SUBJECT: Bus Shelter Easement Aareement The attached easement agreement grants to the City the right to place a bus shelter in front of the new McDonald's restaurant located on South Federal Highway at the corner of the Plaza at Delray shopping center. The City will be responsible for the maintenance of the bus shelter. Our office requests that this item be placed on the November 21, 2006 City Commission agenda for approval. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer ~.1= ____11/14/06 TUE 10:30 FAX 630 623 8633 US LEGAL NORTHEAST TEAM III 002 r Delray Beach. FL. The Plam LJC: 009-2296 File #43571 Prepared by: Elizabeth D. Santls After recording, rettm to: Angle Coombs McDONALD'S CORPORATION One McDonald's Plaza Oak Brook. IDlnois 60523 Bus Shelter Easement Agreement This EASEMENT AGREEMENT is made and entered into this day of, 2006, by and between Linton Delray, LLC, a Delaware limited liability company, having an address of do Ramco-Gershenson, Inc., 31500 Ncn:thwestem Highway, Suite 300, Farmington Hills, Michigan 48334 ("LANDLORD"), CITY OF DELRAY BEACH, a municipal corporation in Palm Beach County, State of Florida, with a mailing address of 100 N.W. 1st Avenue, Deltay Beach, Florida 33444 (herein called 1IC!lY''), and MCDONALD'S USA, LLC, a Delaware limited liability company~ having an address of One McDonald's Plaza, Oak Brook, illinois 60523 (herein called IlTENANT"). Landlord end Tenant are collectively referred to hereafter as (ItGRANTOR "). WITNESSETH: WHEREAS, LANDLORD is the fee simple owner of that certain real property (hereinafter called the "Property", and more particularly descnbed in Schedule IIAn attached heJ:eto and made a part hereof); and WHEREAS, LANDLORD leases to TENANT the property described in Schedule ItAII by that certain Ground Lease dated October 12, 2006; and WHEREAS, CITY desires to place, construct or i.nstaU a bus shelter with a bench and trash receptacles on that portion of the property as shown on Exlubit '13", attached hereto and made a part hereof ' NOW THEREFORE, in consideration of the mutual promises and covenants set forth her~ and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledg~ the parties do hereby covenant and agree as follows: 1. Recitals. All of the above recitals are true and correct and by this reference are incorporated herein and made a part hereof. 2. Grant of Easement. Subject to the terms and conditions hereinafter set forth, GRANTOR does hereby grant and convey unto Cl1Y a perpetual Easement for use of a portion of the Property more particularly described and depicted on Exhibit ''13'' (Easement Area), pursuant 1 ---1!(14/06 Tl~ 10:30 FAX 630 623 8633 US LEGAL NORTHEAST TEAM ~003 1 ; , to the terms hereof. GRANTOR does hereby grant to the CITY the authority to enter upon and to install, operate, and maintain such bus shelter well under, a.cross, through and upon, over, under or within the Easement Area. Concomitan\ and coextensive with this right is the further right of the CITY, its successors and assigns, of ingress and egress over and on the Easement Area, to e:tfect the PUlp08CS of the easement, as expressed hereinafter. The easeQ1ent shall be for the sole purpose of operating. constructing and maintainin.g a ~ shelter with benches and trash receptacles. . 3. Fixtures and Stmctures. CITY shall bave the right to install on the Easement Area. sach structure/fixtures as CITY considers necessary or desirable for the construction/installation of the bus shelter. crry shall have sole authority to place the s1ructurelfixtures that it deems necessary for the construction/installation of the bus shelter on the Easement Area. 4. Maintenance. CITY shall maintain the bus shelter in the same manner that it maintains the other bus shelters located throughout the City lirnits of Delray Beach. CITY shall only maintain the bus shelter area of the Easement Area. GRANTOR shall maintain the landscaping area, if any, that is not improved by the bus shelter but located in the Ease.ment Mea.. s. Recordin~ Termination. This Agreement shall be recorded in the public records of Palm Beach County, Florida. This Agreement shall become null and void upon recording an Agreement for Termination of Easement mutually executed by CITY and LANDLORD and thereupon this Basement shall be of no further force or effect. 6. Venue. This Agreement shall be governed by the Laws of the State of Florida and venue of any action to construe or enforce this Agreement shall be in Palm Beach County, Florida. 7. Modification. There are no other agreements, promises, or undertakings between the parties except as specifically set forth herein. No alterations. changes, modifications, or amendm<;nts shall be made to this Agreement except in writing and signed by the owners of the Property and the Easement and recorded in the Public Records of Palm Beach County. Florida. 8. Notice. Whenever BllY notice must be given C11: is required to be given under the terms oftbis Agreoment, the same shall be delivered by hand, through the u.s. mail, certified mail, return receipt requested, postage prepaid, or by nationally recognized overnight mail carrier (such as Federal Express) addressed to the parties as follows: To CITY: City Engineer City ofDelray Beach 434 S. Swinton Avenue ' Delray Beach, Florida 33444 2 ----!!/14/0~ 11m 10:30 FAX 630 623 8633 US LEGAL NORTHEAST TEAM ~004 r To LANDLORD: Linton Delray. LLC c/o Ramco-Gershenson, Inc. 31500 NorthwestemHighway. Suite 300 Farmington Hills. Michigan 48334 To TENANT: MoDonald's USA, LLC . One McDonald's Plaza Oak Broo~ IDinois 60523 Attention: Director. U.S. Legal DepMtment #091 UC: 009-2261 9. GRANTOR agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement GRANTOR also agrees to erect no building or effect any other kind of construction or improvements upon the Easement Area. GRANTOR does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoe'Ver claimed by. through or under it, that it has good right and lawful authority to grant the above-descrlbed easement and .that the same is unenCUIDbered except as to those easements. restrictions. and reservations of record. 10. Effective Date. The effective date oftbis Agreement shall be the date that the parties hereto duly execute 1his Agreement. 3 11/14/06 Tl~ 10:30 FAX 630 623 8633 US LEGAL NORTHEAST TEAM 141005 IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Easement on the day and year first above written. SIGNED, SEALED AND DEUVERED IN THE PRESENCE OF: CITY: CITY OF DELRAY, a Florida municipal corporation LANDLORD: Unton DeIray, LLC, a Delaware limited liability company Title: Date: Name: Print Name: TltIe; Date: Attest Print Nama: Date: Print Attest PrInt Name: Date: Witness: Print Name: Date: Witness: Print Name: Data: TENANT: McDonald's USA, LLC, a Delaware lImlteclllab~1ty compeny Print Name: Title: Date: Attest Print Name: Date; Witness: Prlnt Name: Date: Witness; Print Name: Date: Witness: Print Name: Date; Witness: Print Name: Date: 4 11/14/06 11ffi 10:31 FAX 630 623 8633 US LEGAL NORTHEAST TEAM III 006 STATE of ILLINOIS COUNTY OF DUPAGE The foregoing In6trument was acknowledged before me this day of , 2006, by McDonald's USA. LLC. (I Delaware Omit&(! lIat>>lIlV comDanV. for the purpose set forth therein. is personally known to me or has produced as identification. Notary Public, Stats of My commls$lon expires: STATE of FLORIDA COUNlY OF The foregoing Instrument was acknowledged before me this day of JJelrav. LLC. a Delaware limited lIabllttv comDany. for the purpose set forth thel'8ln. Is personally known to me or has produced as identification. Notary Public, State of My commission expires: .2006, by STATE Of FLORIDA COUNTY of LEE The foregoing Instrument W8& acknowledged before me this day of I 2006. by as of CIty of Oelray on behalf of the CIty of DelrBY. Is pemonaNy known to me or has produced as Identtftcatlon. Notary Public, State of Florida My commission expires: 5 11/14/06 Tim 10:31 FAX 630 623 8633 US LEGAL NORTHEAST TEAM 141007 'W EXHIBIT "A" (lE~ DESCRIPTION OE THE PROPERTY) 6; 11/14/06 11m 10:31 FAX 630 623 8633 ,,' , , , .' -.' ' .- . US LEGAL NORTHEAST TEAM ~008 EXHIBIT RAW M~onllldr5-De. Ray LIe P-2296 . J..EGAL DESCUPTlON ~~~ . A mer OF lAND LYING IN SECTION 21, TOWNSHIP 45 SOUTH, AANGE 43 EAST, PALM BEA('j.{ COUNTY; FLORIDA;' cON'T.l(CN!NG POR1J0NS OF MODEL LAND COMPANY'S MAP OF THE WEST HALF (34'~) Of. :S1=C110N 21, A~~ING TO THe PLAT Tl+U:N:OF Rf;CORDIID IN PLAT BoOK 1, P}.GE 128, OF ' ~ PUBI).C RECORDS OF, PALM BEAOi .couNTY, FLORIDA, B~NG'MORE PARTICULARLY DESCRI!3,ED '~roLlOWs:. ' . " ,: ... . .... ._. I ," ~. .'. ".' .. . 'ro~MENCE AT TH$ SOl.f'nlWEST cORNER ClF ~ SECT1pN 21; THENCE, , '. ' ''RU.~.NGRij),l.1) ta1EC?~~.~~~,;~i. SEOO~QS.EAST. 53.09 .F.$f' ALOM,G IHE WCST LINE OF SAID SECl10N 21 TO A POINT OF ~O~ WIT11 TI-IE NORTH.RI~I-fT--oF-WAYUNE'OF LINTON . , BOUL.eVARD,; 'WElilCE, . '~ . . ':' ", ' .,.... '. . ~UN N0RlH ,69 DEGREES 44 MINIJTES 'lil6 SCCONI:)S WE5r 122.00 FEET ALONG SAID NOR1H PJGHT-' . OF-WAy,'qNE TO -i p~ 9~ INTERs,EtrlON Wmi iHE Ef,ST ~GHT-oF-WAY LlNE"0F. DIXIE . HIGHWAYi "ThIENCE, ' . ..' I ". .' . , " RUN 'NOR.iri l3 ,DEGr0:p5 Z3 MINlJ'fES 05 SECO~DS EAST 1;2$~.34, FEET ALONG SAID ~5T RIGHT..pF- "WAY IlNE TO THE sqlITHWFST'GQRNER OF BLOCK 1, SILVER lERRACEr ACCORDING TO. THE P.lAT ' . 'THf:REQf. R.ECD'*PED 1N PLAT BOOK 11" PAGe,6.1 QF TH,E PUBLIC RECORDS OF PALM B5ACH COUNTY, FLORIDA" THENcE '" ., " "., . , " , , 1 ,.' . RUN .NGRJ't+ 89 PEGREES 5Z'MINl1TES 49 secoNDS EAST 450.50 FeET ALONG THE SOlITH UNE OF : SAID-l;iLOC!<'l TO Po ?OIN'r; TAENCE, .' , " . . ' CON'T1NUE NORTH.89 DcGREFS 52 MIN\JTES 49 SECONDS EAST 50.00 FEET TO THE SOUTHWEST' '. CQRN~ OF BLOC< 6, ,SAID sIL~ TERRACE; THENCE, RUN NO~ 0 DEGREES 37 MINUTES 35' SECOfiD.S EAST 299.99"FEET ALONG 'THE WEST LINE OF,'SAID BLOOC 6, TO THE NPRTIi UN!: OF LOT'6, SAlD BLOCK S;'::THENCE,' . , . .' . RUN'NDKni 89 DEGR;ES 52 MlNU'TES 49'~NDS EAST ltO.OO.FEET ALDNG'SAIO NORTH tlNEOF LOT GTO'THE EAST Ur,.IE OF sAID BLOCK 6; THENCE, " . RUN NORTH 0 DEGREES 37 MINureS 35 SECONDS" EAST 16.47 fEET ALONG SAID EAST UNE TO ^ ?O!NTi THENCE, ,; ". ' '. . , . .' . . .' .. . " . .RUN NOR11-{ B9 Oa;R.EEs '57 ~u:rES 54 SECONDS EAST 562.~ FEET ro THE POINT Of BEGINNING; . ~EN~' .,."."... . CON!XNUE NORTH 69 DE~RES 57 MINUres 54 si~NDS. EASi- 10?OO.FEET T9 A POINT; 11-1~ RUN NOR.1l-l'O DEGREES 37 MINUTES 09 secoNDs eAsr 15.00 FEET To A POINT; THENce,' RUN SOlrrH 69 DeGREES 47 MIN\JTE5 06 secONOsrAsr 146.89 FEET TO A POINT ON A aJRve CONCAVETOTHE:~O.R~;THENCE,:: , .' " . '., . ," if' . RUN solffi-lWCSl'ERLY ALONG 11iE'ARC: OF SAID~RVE'HA\tING A RADIUS OF 2,836.93 rEET; A' CENTRAL ANGLE'OF 5 DEGREES 46 MINUTES 58 SECONDS AND WHOSE a;ORD .BEARS SOUTH Z2 . . , . DEGReES 29 MINI.ITES 53 SECONDS WEST FOR AN ARC [i>ISTANCE OF 286.33 "FEET ALONG THE WEST R1GHT~OF-WAY UNE OF U.S, HlGJ.iWAY NO.1 (5:l"ATE RqAD NO. 5) TO A POINT; TIiENeE,. . . , RU.N:1"OTH 89 DEGREES S7.MINVTes.5~ Sl:CO~D~ ~si-137.3B ~ETTO A POINT; THENCE, , . ~. ., . RUN NoRffi 0 DEGREES 02. MINUTES 06 SECONDS VVEST 250.00 fEET TO "THE pOlI'fT OFSEGINNING., I ii 11/14/06 11m 10:31 FAX 630 623 8633 US LEGAL NORTHEAST TEAM [4)009 If EXHlBIT ~B" (LEGAL DESCRIPTION and DEPIC110N OF THE TRANSIT AUTHORITY EASeMENT AREA) OJ.XUND.1184914.1 7' 11/14/06 ~ I I( Tl~ 10:31 FAX 630 623 8633 US LEGAL NORTHEAST TEAM ~010 " EXH~BIT '.11 i LEGAl..-DE~CRIPTlON: BLlIl step Etmtment' .. A ~tt1cin Df A ~ oF' ~y' MAU. ~~ ~ the plat therwaf. CIa r~iJ In Plat ~ ea lit ~ ;:s:s of'tIle PUblic Rec:orda of F'aIll'i BcCICIh ,CoI.I,rily, FJMida, bclll\l ~ Jtart:lcUIorIY d~ aa ~ ' -commence at till Nont.wlll =mer vf said ,II Rl!PlAT OF' l)ElN.y.NALL. tfIe ~ 1M !JI' IIClld plat badrw . NC)1'ttt 1111.q06- W~ fro!n Jal~' Nort/TBail; iaollrier.. ~d Hofthtra,l: oomsr I)1nlil .011 the Yf.~~ ,dght-ar-way ana '0( . I"~'~ AIKlA stdto ~ Mo. 5 -blt1l'Jg II ,l;:rrgUJar;CIII'W, WfICl1Y11 tv tho NortlMwt aM wt- Mul point baan NartIJ '10'23'35- west; ~ ~bUth\lNlBtill:tf oIctll!l iIJir ani ri .ard curv.. and ,rtVht-ar-wClY .lIn-. idlo \MIlhll' thti ~ boundary line ~ 'iMlICl ~ !8qd/na. 111' ,tho r:lgbl; b1Mng ,C1 radlu. of ~9~'~ ~ a ~I a.lI'ill. of ;r,U'38- for an ani dJdtclnaa' of 1,".-, 'fe.et 'u, tIWI. PlllrK qf BogNllng of the harmcm.r -Ct1,becI lJlBI stJebr EC:Il'~t: WlnQe' GOlltlnue ,$o\.\fhWoaterb' 4.~g ijMI Clre Df [SQ\d oUrYo right---of-~ lJno' "tad 'DoUIWClI)'.IIil" Ioadlnll to the light., hclvl"ll It radt.. ~ 2B;l~ feiIt,. through a c.ntrol qt. of O'~S'.lilt., for ,an QJ!1 .dls~nga..of :mJl3 ~ th~ s1~g <<Dd W,',~ Itl~f.....qf lille Nori,h _'6'40- Wilt. for 10,oo'fMt; tI1anoo . . twth Q20'12 Ed fat 3O.Q:5 feetl1:hlonl:le S..uth 89'ltl'iO" ~ fl)l'" 10J)() f~ i:a tile' Pall'll of. Begllll'llllg. . . I.. . ... . SURVEYOR'S NOTES: ' i _ lIilir 6 no. In ~ 8, TolJnll1lP a:4 SOlllh. '~ve 40 East, ~ Df DlIIray .... ~alm Baacb ' ~.~II, .; '., _ ~~~ ~<<J8d iD an' CIII1l\/~ VOla of S :52"4' 'D~ W ~ ~ Wesbltf r:fght. at, way 11111 : _ Larlda thown harwClll __ IIOt _&lnlGted 101' _~ dncl/or d\II1I:e-Gf N'J of ra:aon:la... .' . I. ' _ '1lI1I 11.$t ,0 ~l)' .surv.y" but IIlI1JY G 'pp)<<C1 ~ Df tllo d-CJJIptIon ehaf/l1 her""- : , .0 ..' . . _ DImIllWloM IIhco.m ~e,,"" are ~d on I"Orth \..oav)'. 5k1lnr IiartdI 1200&-215. 'SURVEYOR'S Cs'RTJ.F1OA'J'ION:: ' . . I hel9b)l ~ thlJt tIU "3IlItIIII lIf PMrf~" wai ~ uncItr !.I1Y ~FIII* ~ ~ see2.. 2001, . " eNI mute thi NInlmum TtOMlaal 8tarl__ III .tt tortl! :.~ tl'II Flci"cJq BoanJ of ~na1 I'W and "'ap~rw In chtiptar 8'017-6, P1l111da MmlnIftrvtN!' Cod8t! pwr-1IcI'1l "to SaDl1ah 472.l)21, F1oI'ldd' '. , . ' "Hal YIIlId wllhaIA IhIllpbIIlI.....~ ~ .... oIalllerlcla UlI8IIUII arwro'ftI..... FORTIN. LEAVY, SKILES.INC.. LB365S 8y: Dan1el 0. FIriIn. !'or 1tMI Fmi ~ and ...~. l.!l2S!l3 stc\a of FIo~ ( , " i ! ! " .1,: !' i' DnI'1f'll B7 I BUS SToFf EASEMENT' r DESCRIPTION, NOrE,S. AND CERTIFICA TJON 1 F O.R.'l"Il;-l, LEAVY, SKILES, INC. CONS\J1.TlNO :aN0INEE1lS. SURYBYOas & MAl'PmtS pf.oft1l)^ CI'l'ltTII'"IOI\"J'H Ol" f\.~"i:rJ'\'TIeINNt.-..rmm.: l\OOD3OD IIll>N"""""':"'IO_ a_/'N!-ot Ml...... s_c;n,'F'I,.ridA. aalG~ _l\n.'f-CI~.'~ ~~\_'TI;s2nktIAIll'l.~_.""'" Dahl 9/28/06 Saalo NOT TP SC'AI..E ,rab. No, 061810 ~ ..llo. 1008-198 SIlee~ , gf ;5 MAP CII~ No. 050113 IlUlL Jj"'8. 20~211S ~U.d: 1l/ll8/OS ,:02p 11/14/06 Ttm 10:32 FAX 630 623 8633 US LEGAL NORTHEAST TEAM i ! ! 141011 .. '. " EXH IBIT:: . B . G1UP.HIC SQAIJ: , ,.. f If '~.. ~ .', . ,(..~)., . 1 lMJI .."" It. me! o ' . , " , "IAIIflE!lT~ COURT I!l:'l3CIC!Ktl2f1_41 . POIIlfT OF OOMMENOEMEm- "" CIORIIIR 'OF A IlSI'LAT Of' llIIl.IlAy. IIoIU. nnrf04"w ~............--- . . " . JII' II III . " i~ .0; , A1ISU.T Of tJELAA\'MAl.1. PW'JQDI( iii ,1lGli,. Drnzl 1lJ" . MAP C~ ND. 051610 . 1\11'. 2005-215 d: Ij2a/OI 1;02f> ,1~ . . I&. loa.Oo' ~p~ . fOfmN, LeAY'l'.8ICIBJ, 1I/lETlIlI.,..al1 A REPlATa: DB.AAY MAU. . PLATBOOK58P~138' 'RSJS."RIth'.. .ylJlt; ~~fI~J . (STm:lIG1IlIHV. .., ~ I . ' ~ , O' O' I ~ " ~)j~ ..1.. ~, R~~~ ,:ff" '~11~6 I;~f?~i/ , +~;# Iii. / I I I I ./ I I I ....1- / ~/~ I [ SKETCH OF~ESOR1P!70N ' ~ FORTIN~' LEAvY. SKILES, INC. OONS'Ul.:rlNG ENO~. SUR,Yl!Y01!.S &; MAI"l'IIRS 'PT.c:IlU:Di'> CilR'nl'SCNI"Pi "" ....'tT,rRoItV"^71('1lo1'Nt.~ DDO_ IIUI ~_,_ B_ "'M_1I'llllrnl __h. ",,...rm.. ~SIl'2 ~ ;l0Jl.4:l:--- ,~",D5-iml_7'lSa)_I11ft~IlY--"" D4~ . 9 26 05 s~. ...~ ~ob.,N", 061810 Dn. No, 1006-198 Bhnt 2 ot J "j ,---1_1/14/06 11m 10:32 FAX 630 623 8633 US LE9AL NORTHEAST TEAM ~ .' l)Jo.&1I'ZI BF MAP ~ No. 051810 . rt~. 2005-2' B lI,/2111ot 1l<121> EXH18IT' .B I IU . ... . j: Ii I~ .. I . :" , , BUS ~TOP!:EASEMENT ' f .' LOCf TIOI}I SKETOH FO,RTIN'p LM'YX. S KILES~ .l:NC.' OONBt./L UNO 1SN01iN~ SOR.,ySYORS .Ill: M.APP~ l"l.DRm^ cmt.TlfI1C1\TRim' ^~R.17,,^'l"IOfO'1'it.o__OllOlI:IU3 I RO __ ''1_. B~ ,wa..s, "'"-"I 'Ill-.ol\" 'FInTidoo- :13 J r.:z nu::t~ ~n.7.a:t...............,~ :ln~l.71 :t2/'P'........I nlll~ i: ,', ,. I4J 012 ) ".te 9 2~ sc:We. filoT TO Sc::ALE: llll>. 11... 081810 P!r'g. 11... ;006-198 Bblret 3 (It :J MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS ~1Y MANAGER AGENDA ITEM # ~.G - REGULAR MEETING OF NOVEMBER 21. 2006 FOOT UTILITY PERMIT /HOLD HARMLESS AGREEMENT /UDERlTZ SUBDIVISION TO: SUBJECT: DATE: NOVEMBER 17, 2006 This is before the Commission to authorize the City to act as the utility permit applicant for water main work performed within the state right-of-way for Uderitz Subdivision, located at 502 North Ocean Boulevard and approve a hold harmless agreement with the developer (Uderitz Subdivision). The developer is constructing a 2" water service tap to serve the proposed single family home in the state right-of-way. The Florida Department of Transportation requires the City to act as the utility permit applicant. The proposed agreement provides that the developer will hold the City harmless for the general work to be performed under the permit. Recommend approval of the hold harmless agreement for work performed within the state right-of- way between the City and Uderitz Subdivision. S:\City CIerk\AGENDA COVER MEMOS\Hold H:umless\Hold Harmless Agmt Uderitz Subdivision 502 N Ocean Blvd 112106.doc City Of Delray Beach Department of Environmental Services M E M 0 RAN DUM TO: DAVID T. HARDEN, CITY MANAGER FROM: BEGONA KRANE,E.I.T. DATE: November 14, 2006 SUBJECT: Hold Harmless Agreement for FOOT Utility Permit Uderitz Subdivision Please find attached a hold harmless agreement for work performed within the state right-of-way. Uderitz Subdivision is proposed to be built at 502 Ocean Blvd. The developer is constructing a 2" water service tap to serve the proposed single family home in the State right-of-way and the Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. Attached is a location map. If the attached agreement is acceptable, please place it on the November 21, 2006 meeting for commission approval. Ene Ce Brian Shutt, Assistant City Attorney file S:IEngAdminITACIOld Palm Grovelhold harmless agenda memo. doc HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT is entered into this 1 ~1f'\ day of tJo~tMbex, 2006 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and Uderitz Subdivision, (hereinafter referred to as "DEVELOPER"). WIT N E SSE T H: WHEREAS, DEVELOPER wishes to install/construct improvements in the right-of- way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: I. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment ofTen Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY arId the State, their agents, officers, employees and servants from any arId all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as 502 North Ocean Blvd. 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the General Use Permit Application between the CITY and the State for this project and attached hereto as Exhibit "A". 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to Form: By: Jeff Perlman, Mayor City Attorney 3 WITNESSES ~~~ (Print or ype Name) By: a. (Print or Type Name) Address: 407 SE 1 st Street Delray Beach. FL 3:J{~ ~ 3 Phone: 561-330-6999 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this .rf!:1 day of Novi-vttb..t.Jl" , 200' by "'C:t:n<ud ~ :rlL.h.e Uder-ctz. (name of officer or agent, title of officer or agent) of ~d€.v'\tt. ~u..bn\'H ~lan (name of corporation acknowledging), a r \0 ytdo.- (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of ide tifi ation) as identification and did (id t) take ,..,~~~~l~::;", ANDREA MIUER "m<-- N to p f,'" /'i 0 rv ubllc - State of Florida : .. . :MvCom, I w...-, ElQ::Wes u... '2 .".".,., o:.'!li :;'4,:: C ....., . 'UUD --'~1 ~ ..CIJ."" ommlsslon II 003 J 0533 I,.....,,' Bonc::ted... NatIona .. ...., I Notary Also. Signature of Notary State of Florida an oath. 4 ~ -- 1 I '/ K I h -- WITHERSPOON LANE / -- CIIB / -- I ~- -- McKEE LN. / I CI:B / I I -~ L- -~ -~ -' <( I I~ g: ffifE mm. I--- I--- I--- - e--- ~ ~- E a. I---- ~ .. ~ IZ ,.,., I <D 0 0 C"ol - ~ > 0 :z c: 0 .. c: e ->< >.'- -- ..c " ~ o a: --- --- --- --- --- ~'- -- ~'- -- ~f- -- " :;;: f- -- :;;: :z C"ol o Il"l ;::::: .. o c: .. " "0; .. a:: N ..... 'C .. " 2. S! iD c: c .. o o :z C"ol o Il"l ./" U ~ ./" c: "E " <C C7> c: w ./" Vi " ~I I ( II'C' I -- I I 3 '" 0.. BOULEVARD I ~'-- < - -' <( IE I 7 -' ~ ST, ~J I I -I ( I I - Z ...J It: ;!; Ii: :;i ~ I I r ( I I r==9 CITY of DELRA Y BEACH ENVIRONMENTAL SERVICES DEPARTMENT 434 80UIH 8WM'ON AVENUE, DB...RAY BEACH, FI..CfIDA 33444 I I I PELICAN LANE II~ I I '--~ '" I----- en ;I: w 0::: C Z "'- \?JUfTl ~ : SOUTHWAYS BLVD, GEORGE I I 7 / (t 7 I CRESTWO UKIVI I b I> w~ I II11I1 : ~~ DRIVE HA~OR DRI (1),-- I I I / / w ; I~ = ,,<::> ~ I~ :i ~;5fi ;:) -.z- e ~"'" r T I I H log ~ HARRO I 1 BEACH I I SEA T II I I I I I LOCATION MAP 502 N. OCEAN BLVD IDA"OO''''- t:;02 N. OCEAN 00 000 Date: November 14. 2006 AGENDA ITEM NUMBER~ AGENDA REQUEST Request to be placed on: -X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: November 21. 2006 Description of Agenda Item (who, what, where, how much): Commission approval/authorization for Mayor to execute hold harmless agreement with Uderitz Subdivision for water main work performed within the state right-of- way. Uderitz Subdivision is proposed to be built at 502 North Ocean Blvd. This agreement is subject to review and approval by the City Attorney. Staff Recommendation: ,npro'?L I Af7 Department Head Signature~ _.~ I{-I't-oh City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: N.A. (if applicable) City Manager Review: ~ Approved for Agenda: L/7 No Initials: Hold Until: ~ Agenda Coordinator Review: Received: S:\EngAdmin\TAC\502 N Ocean Blvd (Uderitz Residence)\hold harmless agenda.doc MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM # g .W - REGULAR MEETING OF NOVEMBER 21,2006 AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORATION (FDOT) /FLORIDA EAST COAST RAILROAD (FEC) TO: SUBJECT: DAlE: NOVEMBER 17, 2006 lbis is before Commission to approve an agreement with Florida Department of Transportation (FDOT) and Florida East Coast Railroad (FEe) for the installation of upgraded Automatic Grade Crossing Signals Type III Class III at SE 4th Street. The City will be responsible for 50% of the annual maintenance cost in the amount of $1,573.00. Recommend approval of the agreement with Florida Department of Transportation (FDOT) and Florida East Coast Railroad (FEe) for the installation of upgraded Automatic Grade Crossing Signals Type III Class III at SE 4th Street. S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos \city manager's memo FOOT Agmt FEe IWlroad Crossing SE 4th Street t t.2t.06.doc City Of Delray Beach Department of Environmental Services M E M 0 RAN DUM TO: FROM: David T. Harden Randal L. Krejcarek, P.E. ~ DATE: 13 Nov 2006 RE: SE 4th Street FEC Railroad Crossing FEC MP 317+1823 Proposed Grade Crossing Signal Upgrade FOOT FM# 420474-1-57-01, Crossing # 272494-W Project # 2007-008 The attached agenda item is for Commission approval/authorization for the Mayor to execute the attached agreement with Florida Department of Transportation (FOOT) and Florida East Coast Railroad (FEC). This agreement covers the installation of upgraded Automatic Grade Crossing Signals Type III Class III. The cost of this installation is estimated to be $153,850.00. FEC will be responsible for performing the signal upgrade work and FOOT will reimburse FEC the cost of installing the upgraded signals. Once the new signals are in place the City will be responsible for 50% of the annual maintenance cost. The anticipated annual maintenance cost will be $3,146.00. A map is enclosed for easy reference. If this meets with your approval please place this item on the 21 Nov 2006 Commission Agenda. Thanks! Enc Cc File IIESSRVOO1 IDepartmentslEngAdmin\Projectsl2007\2007 -00810FFIC/AL \2006-11-21 agenda memo. DOC 0) c -- en en 0 s.... () () co CJ) 0 (!) w 0 I .r::. I"- (.) LL 0 CO 0 Q) N al +-' 1:5 ~ CD Q) co "0' I- CD I- Q) a.. 0 s.... +-' en c: 0 :;:; ..c CO () +-I 0 ~ ...J 0) c: W "w en 0 .... en () co o o ~ -r- - -r- -r- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CITY RESOLUTION GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY 725-090-55 RAIL 10/98 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & R/W NUMBER FAP NUMBER 42047415701 SE 4th Street PALM BEACH 00S4-044-J A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. ON MOTION OF Commissioner (Councilman) seconded by Commissioner (Councilman) RESOLUTION was adopted: WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System, on S.E. 4th Street which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossing over or near said highway; and , the following NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF Delray Beach FLORIDA; That the City of Delray Beach enter into a RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and theFlorida East Coast Railway, L.L.C. Company for the installation and maintenance of certain grade crossing traffic control devices designated as Financial Number 420474-1-57-01 on SE 4th Street which crosses the right of way and tracks of the Company at FDOT/AAR Crossing No. 272494W located near Defray Beach Florida; and That the City assume it's share of the costs for future maintenance and adjustment of said grade crossing traffic control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and That the Mayor and City Clerk be authorized to enter into such agreements iwth the State of Florida Department Transportation; and the Florida East Coast Railway. L.L.C. Company as herein described; and That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the City Commission of the City of Delray Beach County, Florida, in regular session this day of Mayor - Commissioner ATTEST: (SEAL) City Auditor and Clerk " STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-27 RAIL OGe . 06/03 RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING TRAFFIC CONTROL DEVICES. MUNICIPAL FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RfW NUMBER FAP NUMBER 42047415701 SE 4th Street PALM BEACH 00S4-044-J THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and Florida East Coast Railway, L.L.C a corporation organized and existing under the laws of Florida with its principal place of business in the City of St. Augustine , County of St. Johns State of Florida , hereinafter called the COMPANY; and the City of Delray Beach a municipal corporation, hereinafter called the CITY. WITNESSETH: WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion ofthe Public Road System, designated by the Financial Project ID 42047415701 on SE 4th Street tracks of the COMPANY'S Milepost 317+1823' FDOT/AAR Crossing Number 272494-W as shown on DEPARTMENT'S Plan Sheet No. Location Map , which crosses at grade the right of way and , at or near Delray Beach , attached hereto as a part hereof; and NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing Signals Type III Class III and/or other traffic control devices at said location on an actual cost basis and in accordance with (1) the attached detailed statement of the work, plans, and specifications; and (2) the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof. 2. After installation of said signals is completed, fifty (50%) percent of the expense thereof in maintaining the same shall be borne by the CITY and fifty (50%) percent shall be borne by the COMPANY; as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Devices attached hereto and by this reference made a part hereof and subject to future revision. 3. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the signals are no longer necessary or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. 725-090-27 RAIL OGe . 06103 The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the COMPANY, but at the expense of the party initiating such relocation. Upon relocation the maintenance responsibilities shall be in accordance with the provisions of this agreement. It is further agreed that the cost of maintaining any additional or replacement signal equipment at the same location will be shared as provided under Paragraph 2, above, 4. Unless otherwise agreed upon herein, the CITY agrees to insure that at the crossing the advance warning signs and railroad crossing pavement markings will conform to the U.S. Department of Transportation Manual on Uniform Traffic Control Devices within 30 days of notification that the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable level. 5. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said road in accordance with the provisions set forth in the: 0_ (a). DEPARTMENT Procedure !\Io. 725-080-002 Appendix 0,4, and Rule 14,57.011 "Public Railroad-Highway Grade Crossing Costs", Florida Administrative Code. 181 (b) Federal Highway Administration Federal-Aid Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, and 23 C.F.R., Subchapter B, Part 140, Subpart I, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work, with its own forces or by a contractor paid under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and/or adjustment of said facilities, in accordance with the provisions of Procedure No. 725-080-002 Appendix D-4 "Billing Requirements," and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated within this agreement shall not be subject to payment by the DEPARTMENT, 7. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an itemized estimate of the cost thereof in the amount of $ 153,850.00 , All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT and the Federal Highway Administration if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration, when applicable. 8, All labor, services, materials, and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT, Separate records as to the costs of contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. 725-090-27 RAIL DGC - 06103 9. The COMPANY has determined that the method to be used in developing the relocation or installation cost shall be as specified for the method checked and described hereafter: 181 (a) o (b) o (c) 10. Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the COMPANY and approved by the DEPARTMENT. An agreed lump sum $ 0.00 , as supported by a detail analysis of estimated cost attached hereto. (NOTE: This method is not applicable where the estimated cost of the proposed adjustment exceeds $100,000.) The installation and/or adjustment of the COMPANY'S facility as plannedO will <!> will not involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and described hereafter): o (a) o (b) o % will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and/or (expired service life) and/or (nonreimbursable segments), (c) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. $ 0.00 credited for 0 betterment 0 expired service life o nonreimbursable segments in accord with Article 9.(c) hereinabove. 11. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the above installation and/or adjustment work, 12. It is further agreed that the cost of all improvements made during this adjustment work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of adjustment of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. 72!>ll90-27 RAIL OGe . 06103 13. Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed c;an be audited, Adequate reference shall be made in the billing to the COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. 14. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Chief Financial Officer under Section 215.422(14), Florida 15. In accordance with Section 287.058, Florida Statutes, the following provisions are in this Agreement: If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 16, Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in accordance with DEPARTMENT Rule 14-57.011 "Public Railroad-Highway Grade Crossing Costs" and the Federal Administration Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work." 72!>090-27 RAil OGC - 06103 17. In accordance with Section 215.422, Florida Statutes, the following provisions are in this Agreement: Contractors providing goods and services to the Department should be aware of the following time frames, Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty ata rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Contractor. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices which < have tel b~ returned to a Contractor because of Contractor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Chief Financial Officer's Hotline, 1-800-848-3792. 18. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 19. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000,00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds, Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered 725-090-27 RAIL OGC-06I03 or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of lWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 20. In accordance with Section 287.133 (2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, Iliay not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provide in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. In accordance with Section 287.0582, Florida Statues, the following provisions are included in this Agreement: The Department's obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 22. The COMPANY covenants 3nd 3groes that it ',viii indemnify :md hold h:::lrmless the DEP/\RTMENT :::Ind :::III of the DEP,^.RTMHJT'S officers, :Jgents, and employees from 3ny claim, loss, dam3ge, cost ch:::lrge, or expense arising out of :Jny :Jet, action, neglect, omission or del:JY by the COMPMJY during the porform3nce of the contr3ct, whether direct or indirect, ::md whether to 3ny person or property to '.vhich the DEPARTMENT or s3id parties may be subject, except that neither the COMPMJY nor :Jny of its sub contractors will be liable under this section for d:Jm3ges arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEP/\RTMENT or 3ny of its officers, agents, or employees, 23. Paragraph 22 stricken prior to execution by the Company and the Department. 725-090-27 RAIL OGC - 06103 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (TITLE: Director of Transportation Developmen COMPANY: BY: CITY OF De/ray Beach , FLORIDA BY: (TITLE: Legal Review Approved as to Funds Available Approved as to FAPG Requirements BY: BY: Date Comptroller - DOT Date BY: FHWA Attorney - DOT Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION WORK DESCRIPTION GRADE CROSSING TRAFFIC CONTROL DEVICES 725-090-09 RAIL 05102 FINANCIAL PROJECT NO, ROAD NAME OR NUMBER COUNTY NAME PARCEL & RJW NUMBER FAP NUMBER 42047415701 SE 4th Street PALM BEACH 00S4-044-J RAILROAD COMPANY Florida East Coast Railway, L.L.C. A, B. C. D. E. FL&G, CWT, New Case, Recable Crossing JOB DESCRIPTION & LOCATION: TYPE OF ROADWAY FACILITY: FDOT/AAR XING NO.: 272494W TYPE CROSSING PROPOSED: III STATUS AND PROPOSAL: 1. EXISTING DEVICES: a. None-New Crossing. b. Cross buck and Disk, c. Flashing Signals with Disk. d. Flashing Signals with Cantilever. e, ~ Flashing Signals with Gates. f. Flashing Signals with Cantilever and Gates, RR MILE POST TIE: 317 + 1823' CLASS: III DOT INDEX NO.: 178822 (See Agreement dated 2. PROPOSED DEVICES: a. No revision required, b. Crossbuck and Disk. c, Flashing Signals and Disk, d. Flashing Signals with Cantilever. e, ~ Flashing Signals with Gates. f, Flashing Signals with Cantilever and Gates. g. Relocate existing signal devices: (1) (With-Without) addition of Gates. (2) (With-Without) synchronization with highway traffic signals. (3) (With-Without) constant warning time. (Safety Index Rating F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS 1. N/A By Others ( 2. N/A By Railroad Company. Company.) G, AUTHORITY REQUESTED: (Draft attached: 0 Yes City of Delray Beach, FL @No,) ) 1. ~ Agreement (Third Party Participating 2. Supplemental Agreement No, 3. Crossing Permit. 4, Estimate for Change Order No. 5. Letter of Authority, 6. Letter of Confirmation (No Cost to Department), H. OTHER REMARKS: Negotiations to be completed by: Signal installation target date: Synchronization: (Draft attached 0 Yes @ No.) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES 72!Hl90-41 RAIL OGe - 01/06 FINANCIAL PROJECT NO. ROAD NAME OR NUMBER COUNTY NAME PARCEL & RIW NUMBER FAP NUMBER 42047415701 SE 4th Street PALM BEACH 00S4-044-J COMPANY NAME: Florida East Coast Railway, L.L.C. A. FDOT/AAR XING NO.: 272494-W RR MILE POST TIE: 317+1823' B. TYPE SIGNALS PROPOSED III CLASS III DOT INDEX: 17882 SCHEDULE OF ANNUAL COST OF AUTOMAT1C HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* $2,086,00 $2,760,00 $3,146.00 Flashing Signals - One Track II Flashing Signals - Multiple Tracks III Flashing Signals and Gates - One Track IV Flashing Signals and Gates - Multiple Tracks $3,950.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE 14-57.011 Public Railroad-Highway Grade Crossing Costs EFFECTIVE DATE: GENERAL AUTHORITY: SPECIFIC LAW IMPLEMENTED: July 22, 1982 334.044, F.S. 335.141, F.S. *This schedule will become effective July 1, 2006 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor, e DATE: FILE: TYPE: CLASS: NO. OF DAYS: AAR / DOT #: MILE POST: FLORIDA EAST COAST RAILWAY OFFICE OF THE GENERAL MANAGER OF SIGNALS AND COMMUNICATIONS 08/18/06 10,2 III III 5 272494W 317+1823' Project Type: FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT S.E. 4th STREET (DELRAY BCH,). This estimate should be considered void after one (1) year. MATERIAL GATE ASSEMBLIES GATES GATE FOUNDATIONS 6' X 6' WIRED CASE BATTERY BOX BATTERIES, SAFT SPL250 MISC. GROUND MATERIAL CONDUIT & DIRECTIONAL BORE CABLE MISCELLANEOUS RELAY EQUIPMENT POWER SERVICE MONITORING EQUIPMENT SANITATION & DISPOSAL FREIGHT & HANDLING TAX @ 6.5% TOTAL MATERIALS UNIT COST $7,479.00 $500.00 $575.00 $46,500.00 $675.00 $215.00 $1,736.85 $45.00 $4,000.00 $1,120.00 $1,800.00 $12,985.00 $1,500.00 UNITS 2 EA. 2 EA. 2 EA. 1 EA. 1 EA. 20 EA. 1 PKG. 35 FT. 1 PKG. 1 PKG. 1 EA. 1 PKG. 1 PKG. EXCAVATING EQUIPMENT PER DAY EQUIPMENT RENTAL PER DAY FOREMAN'S TRUCK PER DAY GANG TRUCK PER DAY SUPERVISORS TRUCK PER DAY EQUIPMENT TOTAL $181.00 5 DAYS $125.00 5 DAYS $35.00 5 DAYS $63.00 5 DAYS $35.00 5 DAYS $7,500.00 1 $312.00 5 DAYS ENGINEERING ENGINEERING TOTAL CONSTRUCTION SUPERVISION LABOR ADDITIVE SUPERVISION TOTAL LABOR PER DAY NUMBER OF DAYS LABOR ADDITIVE TOTAL LABOR $1,188.90 5 GANG EXPENSES PER DAY NUMBER OF DAYS TOTAL GANG EXPENSES $553.00 5 SUB-TOTAL CONTINGENCIES 5% TOTAL 272494W r..l.xl. TOTAL COST $14,958.00 $1,000.00 $1,150.00 $46,500.00 $675.00 $4,300.00 $1,736.85 $1,575.00 $4,000.00 $1,120.00 $1,800.00 $12,985.00 $1,500.00 $22,950.00 $5,967.00 $122,216.85 $905.00 $625.00 $175.00 $315.00 $175.00 $2,195.00 $7,500.00 $7,500.00 $1,560.00 $869.00 $2,429.00 $5,945.00 $3,470.00 $9,415.00 $2,765.00 $146,520.85 $7,326.00 $153,850.00 NEW LOCATION MAP FEC Railway, LLC LOCATION: FINANCIAL PROJECT NO.: CROSSING NO.: RAILROAD MILEPOST: SE 4th Street 420474-1-57-01 272485X 317+1823' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OFFICE OF MODAL DEVELOPMENT DISTRICT 4 RAIL OFFICE PROJECT SCOPE AND COST ESTIMATE PROJECT INFORMATION Financial Project No.: FAP No.: Location: County: Crossing No.: RRMP: Company: 420474-1..57-01 00S4-044-J SE 4th Street Palm Beach 272494W 317+1823' Florida East Coast Railway, L.L.C. This proj ect scope and cost estimate was prepared by: District Aviation & Rail Coordinator PROJECT SCOPE AND COST ESTIMATE FL&G, CWT & New Cabinet ...................................................................... $153,850.00 TOTAL ESTIMATED COSTS................................. $153,850.00 ~fMUJ. ~-- t- -- )... - ;0 ,.IIt/Jllln::J ~ ~ 5 'f ~ :!Ii"o lIOIPf/f ' ~j . !i l!..} 5 MN.t'NU.J. ~ :i JO'UII.J"'IIfO~- --.- Q- 4Nl:l.J() '~1.JUfUN.Dd ~)... ~ ~ ~fMUJ. - ,~S JO 'lI/IJOj"~ .-r-:.. -~- -I- - - c ~.. 'IH':l.J() ~ "oil dp11U'IIJNDJ IN "~3N~~~~; ~L - ,j~ ~ ~f j l j - .I! 2 Ii .., ,. I.... l-..~: 'li till ~~Q:IO l! ;;j "'.l! I; ~ l~ ..!! -oJ II ~ .f ~ " l& j1 it h l~! S~ ~"i t&j~~i~ ~U~I}.!l~ l'ifij~1 ItiJ!"~ll ~ :I'li" .e;a1 ~ i;::~~"'~~~ . p "llJ~:::8 ;; II} i"lI ~ :;tI.! :!::~. 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(,j .; .... t.u ~ ~,! ~ ~ ~ -: :. ~.- i ~ <l Q)~<.; ~ ~ ~ ~- :::Jtt: ~~ Q:: t-.: . . :~ ~ ~ ~ ~ ~ il a ~ l~li~Iil~Hl.ll1 ~ ... .e " .. .:. ~ ~ ;-;0 :1- l:l 'l' . .. 'l' - '- ~ a~ ,. j": ~t ',' ~",' \ 'DJA.~P ','" - -c> -c> -c> " ',.,,", ~ IJM'P . ~ ~ 6~d. i J!!1s 1Ij .l~f ~ :~l~ ~ .{,J ~ !S~~ ~ I~H.' iil "S,;<i- =Ii ~ !~~~ iUdl ~ ~ ~ ~ ~ ~ u ~ ~~~ ~ i ~ ~ ::) ~ ;! fit ~ I ~ lil ~ I ~ i!S !U ~ ~ ~ ~ i::: :li ...t ~ i ~ ~ '- 1 I ~ ( z a i= < ~ I- .. ~~ J:t a :; z ....,..., ~....& < ~~ diU .. I- .. a ~~ l- I ill ,. ~~ i 8 l< :: <:l w ~~ . Q . ... !l!~ <i ~ , " ,t.e.llOj ii ~gs ~~Il~ ~ ~1l lllZl .. "'l';ll:, H~lJ ~ 0 w . !tU= ~ e ! . ~ tj (.) ~t~~.&~ ~ e" lC p ~t ~.~ ll" Ul~ '2'U H11'! ! ~ fttllj ! Ii! . ~ ~ ~ ~~ ::;; :<~ ~ !-;~ 11)... ~i 10;;0 ~~ ;1 h 6 ~ ~ ~ UQ I~ ~ 9 ~ ~ to "& l!''' '" ~U! J~~.!: i~~ ...... ! I . l J ",t I I I ! :t I l~ ~ I hl ~ I I UI{ !~ ~f.f I n~1 "'~. ~ ..~~.e ~! i~ I c~ h I I ... S .(If; ~ ::;; ~ ~ ~ ,Ii i .. I I I I t !! ::q ~~ .~ I ~ ~jii I j ill t", ill . . is ] to. ~d s~ J~ ) i.. j.!l d ~~ ~ u,.~ r . " ; ! I I I ---t I ~~ I ..... I -~-t - I k ~ ~~ ~ ~ \I) ... Ii! ~R ~~ '. Date: 13 Nov 2006 AGENDA ITEM NUMBER: '3 · rf- AGENDA REQUEST Request to be placed on: -X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 21 Nov 2006 Description of Agenda Item (who, what, where, how much): Request for Commission approval/authorization for the Mayor to execute agreement with Florida Department of Transportation (FDOT) and Florida East Coast Railroad (FEC). This agreement covers the installation of upgraded Automatic Grade Crossing Signals Type III Class III, which will be funded by FDOT. Staff Recommendation: ~ m Department Head Signature( - -_~ n 1/--/3-Df- City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: N/A Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Ageuda@ I No lnitialB: ~_ Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\FEC\2006-11-21 agenda.doc MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM #<l.r REGULAR MEETING OF NOVEMBER 21,2006 GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS TO: SUBJECT: DATE: NOVEMBER 17,2006 TIlls is before the Commission to consider approval of the following housing rehabilitation contracts: . $33,232.50 to South Florida Construction for 701 S.W. 6th Street . $26,599.65 to Sun Band Builders for 511 S.W. 6th Avenue Funding is available from 118-1924-554-49.19 (Community Development Fund/State Housing Initiatives Partnership (SHIP)/Housing Rehabilitation). Recommend approval of the housing rehabilitation grant/contract awards as outlined above. S:\City Clerk\AGENDA COVER MEMOS\CDBG Housing Rehab Award Agenda Memos\CDBG Housing Rehab Award 11.21.06.doc MEMORANDUM TO: David Harden, City Manager FROM: Ferline F. Mesidort, C.D. Specialist THRU: Elizabeth B. Alpert, C. D. Program Administrator Lula Butler, Community Improvement DirectorLb DATE: November 15,2006 SUBJECT: Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for two (2) Housing Rehabilitation grant award(s) to the lowest responsive bidder. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, excluding termite inspection and treatment if necessary, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. File 05-087 is being awarded to Sunband Builders as the most responsive bidder for the project. Two contractors bid lower than within 10% of the in house estimate - which in the experience of the Community Development Division, tends to result in change-orders later on the job. Although South Florida Construction was a lower bid, this contractor is already assigned to two other CD rehabs and does not have the capacity to add a third job to his schedule. Therefore, Sunband Builders was assessed as the most responsive bidder for this project. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for two (2) Housing Rehabilitation project(s) to the verified responsible low bidder(s) and authorize award in the following amount. I CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISIUN HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2007-05 APPLICANT: Donna Williams PROJECT ADDRESS: 511 SW 6th Avenue DATE OF BID LETTERS: 10/16/06 DATE OF BID OPENING: 10/30/06 GENERAL CONTRACTORS BID AMOUNT Cordoba Construction Co., Inc. ,iiWWd6~€Qnstrucfi2if JMosca Builders, LLC. '&1~~!I~fn~Wh;eonstr4ction . M & A Builders, LLC ,~~l~~~~ve&'S6~$~99;~f~q~tipp,LLC . R~al Property ~~terpris.es 'Y'., .... ... 'S." ol1th~ R,~tidi{0qn$tructiom$.,: 'el;\tr.c~s,;Inc\ ,. " . _ . ,", ,., " ..- c. . .."" .;:. ',; c. . "" .. . :.., .c.:.. _' " _', _ _ ,_,. . _. . ','-;.. _., .~~~. .,.~ d" ,'.:. '1'.' '.:, _' .._' __' ,'c Van Ness & Callaway Construction, Inc. S'tJrt;8'~~(j:. Bbilders'66ri~irLi~H8n{rQc...""" $27,850.00 $32,590,00 In-House Estimate $26,782.00 CONTRACTOR AWARDED CONTRACT: Isun Band Builders LLC BID/CONTRACT AMOUNT: Contingency 5% $25,333.00 1,266.65 $26,599.65 FUNDING SOURCE: State Housing Initiatives Partnership Account # ~118-1924-554-49.19 COMMENTS: Lowest bidder within 10% was awarded contract. S:renpgrm/biddocs/bidi nfosheet CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2007-05 APPLICANT: Willie Lee Williams PROJECT ADDRESS: 701 SW 6th Avenue DATE OF BID LETTERS: 10/16/06 DATE OF BID OPENING: 10/30/06 GENERAL CONTRACTORS BID AMOUNT Cordoba Construction Co., Inc. rt~yVJ~9a, €6rtstructrq'n' JMosca Builders, LLC. M~Eb~rQwn Cbnstructiori M & A Builders, LLC R~~~~!a~ve&~onsC9P:~t~QctiQni;Tr~c . Real Property Enterprises '$'ouf6.' F'r0iid:aCbn'strcidiorf{Sf~i~~'lfl~{';."'" ,. <..;.._t...., """ >' .. me ~_."...,'~u .,_ .:_...,,;_..".J..,.....,_:",'s~_... ......,>...".""4"..',vr:....~',.-..,.'^ Van Ness & Callaway Construction, Inc. cSO'n'Sand'B'Uilaers;Cboslrqctiqrr,[flcC, ...... . , $40,655.00 ~"::')!,1:>9-':'~:i;7;" ~"..:\ ~~';"- ""':'r~'I~~7,' , ':.::tt,f<J,-,',}::f:'\ -~': j~:ii'_,::>'<::;;~:',- In-House Estimate $30,357.50 CONTRACTOR AWARDED CONTRACT: ISouth Florida Constructions Services, Inc. BID/CONTRACT AMOUNT: Contingency 5% $31,650.00 1,582.50 $33,232.50 FUNDING SOURCE: State Housing Initiatives Partnership Account # 1118-1924-554-49.19 COMMENTS: Lowest bidder within 10% was awarded contract. S:renpgrm/biddocs/bidinfosheet Agenda Item No.: '6.r AGENDA REQUEST Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda ~ Consent Agenda Date: November 2,2006 When: November 21, 2006 Description of item: (who, what. where, how much): File Number Address Contractor Grant Amount 04-062 05-087 70 I SW 6th Street 511 SW 6t Avenue South Florida Construction Sun Band Builders $ 33,232.50 $ 26,599.65 ORDINANCE/RESOLUTION REQUIRED: YESINO Draft attached: YESINO Recommendation: Staff recommends approval of two (2) State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grant(s) in the amount listed above for a total award of $ 59,832.15. Department Head Signature: ~924_554-49.l9 ~--_.. ~ City Attorney Review/Recommendation (if applicable): $ 59,832.15 SHIP Total: Budget Director Review (required on 5!11 items involving expenditure of funds): Funding Available: (f;1o JJ::t Funding Alternatives: " 9ifa~liC~e) , Account No. & Descrijtion: If J ~ l')lY':;---ssLf, tj -/ / ." I mcS>(1) Account Balance: 1/;-0 78 cJ. 7 S '-/ 2ekh City Manager Review: Approved for Agenda: Hold Until: &~o t71 Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: ~I1Y MANAGER SUBJECT: AGENDA ITEM # 'S.~ REGULAR MEETING OF NOVEMBER 21.2006 EXTENDED WARRANTY /ZOLL MEDICAL CORPORATION DATE: NOVEMBER 17, 2006 This is before Commission to approve a one (1) year extended warranty in the amount of $17,255.00 to Zoll Medical Corporation for fourteen (14) 12-Lead Defibrillator Monitors M Series Units. Funding is available from 001-2315-526-46.20 (General Fund/Equipment Maintenance). Recommend approval of the one (1) year extended warranty in the amount of $17,255.00 to Zoll Medical Corporation for fourteen (14) 12-Lead Defibrillator Monitors M Series Units. S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo ZoII Medical Corp Extended Warranty tt,21,06.doc ZOll MEDICAL TECH SVC ~e9 rz. qqlo \ OCT, 25, 2006 10: OOAM . ZOLL EXTE"NDED WARRANTY CONTRACT P.O. # CUST#: NAME: PART NUMBER 8888-1009 DATE: 10/25/06 ATTN: Rob Mooreland, Chief TEL#~ 561-243-7440 FAX #: 561-243-7461 lIST DISCOUNTED PRICE PER PlUce PER UNIT UNIT $1,450.00 1,232.50 101718 Delroy Beach Fire Dept. 3614 South Ocean Blvd. Highland Beach, FL 33487 ONE (1) YEAR EXTENDED WARRANTY DESCRIPTION One Year Extended Warranty M Series with 12 Lead, NIBP, SP02, and Pacing 2 PM's per Unit per Year Serial Numbers: T02C31307. T02C31!i~ T02J39235. 1"02339236. T02339240. T02J39Z4Z. T03843058. T03843326. T03843335, 10384337. T03843338, T03B43339, T03843348. and T03C44008 QTY 14 CONTRACT DATES: November I, 2006 to October 31, 2007 ONE (1) YEAR EXTENDEb WARRANTY INCLUDES: ;It 15% Multi Unit Discount '" 20% Discount on New Paddles and Cables '" 50"/0 Discount on New Batteries * No charge for shipping of unit being repaired. NOTES: * Extended Warranty is a continuation of the Standard Factory Warranty. * List prices quoted are firm for 60 days. ;It Terms l1re Net 30 D~s. CANCELLATION POLICY: The request to cancel an Exterlde.d Warranty must be sent in writing to the Technical Support Contracts [)epartm~nt. The Extended Warranty Contract will be terminated 60 Days after receipt of request to cancel. NO, 9754 p, 2 ZOll Medical Corporation World Wide Headquarters 269 Mill Road ChelmSford, Massachusetts 01824-4.105 (978) 421-9655 (800) 348-9011 (978) 421.0010 Fax EXTENDED PRICE $17,255.00 c... I"- . 1 "OV- \(' (' \',0 Q: / '0 (\,,\' r<," \ ;~ _ at-_ pegg,;@ Technical Support Contracts Sales Rep. Authorized signature Date: November 9. 2006 AGENDA ITEM NUMBER: <6~J AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda VVhen: ~ovennber13.2006 Description of agenda itenn (who, what, where, how nnuch): roval of a one ear extended warran on our /~ 12-Lead Defibrillator Monitors M Seri s ou h Zoll Medical Co oration in the amount of $17.255.00. Funding to be taken from account #001-2315-526-46-20. Recomnnendation: Approve request. Departm.ent Head Signature: f-- ~- L./ City Attorney Review/Reconnnnendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available, 8 No lnitia1s, {JX Account Number 00 ( - 2 3 is- - ~ 26- If (, ~ 2 0 Description e. C/..u f ntLl'-f 'r1tit V1-kv....~ LS<.... " Account Balance: PI 0 2-. Sf Lf . Funding Altematives:_ (if applicable) City Manager Review: Approved for Agenda, B / No lnitia1s,4- Hold Until: Agenda Coordinator Review: Received: ~ [IT' OF DElIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444 TELEPHONE: 561/243-7090. FACSIMILE: 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 D.ed All-America City , III I! DATE: MEMORANDUM November 14, 2006 1993 2001 FROM: City Commission David Harden, City Manager Br~S~nt City Attorney TO: SUBJECT: Fundinq Aqreement with Palm Beach County for the Old School Square Parkinq Garaqe The attached agreement provides that Palm Beach County shall contribute up to $1,000,000.00 to the City for the construction of the Old School Square parking garage. The funds shall be available to the City after it expends $14,380,000.00 (this amount has been confirmed by Richard Hasko) for the construction of the garage. Our office requests that this item be placed on the November 21, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Richard Hasko, Director of Environmental Services ~.~ Department of Parks and Recreation 2700 6th Avenue South Lake Worth. FL 33461 (561) 966-6600 FAX: (561) 642-2640 www.pbcgov.com . Palm Beach County Board of County Commissioners Tony Masiloni, Chairman Addie L. Greene, Vice Chairperson Karen T. Marcus Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper RECEIVED NOV 0 3 2006 CITY ATTORNEY October 27, 2006 Mrs. Susan Ruby, City Attorney City of Delray Beach 200 N.W. First Avenue Delray Beach, FL 33444 RE: 2002 Recreation and Cultural Facilities Bond - Old School Square Parking Dear Ms. Ruby: , Attached for execution on behalf of the City of Delray Beach are two originals of an Interlocal Agreement for funding in an amount not-to-exceed $1,000,000 to assist with costs for development of the Old School Square Parking Garage. This funding is being provided from the 2002 Recreation and Cultural Facilities Bond Issue. Please have the Agreement executed and return both originals, accompanied by all required insurance certification(s), to this office. We will then place the Agreement on the Agenda for approval by the Board of County Commissioners. County reimbursement (less a ten percent retainage fee until project completion) will be provided quarterly on a reimbursement basis after the City's matching fund requirement of $14,383,423 has been expended and verified. (See Section 3.07 for further detail on this requirement.) Feel free to contact Susan Yinger, Administrative Support Manager, at 966- 6653 if you have any questions on the Agreement. On behalf of Commissioner Mary McCarty and the Board of County Commissioners, we look forward to assisting the City of Delray Beach with the development of the Old School Square Parking Garage. Sincerely, De IS L. Eshleman, Director Parks and Recreation Department DLE:SWY Attachments - Two Originals of Bond Agreement for Execution Copy to: Commissioner Mary McCarty, District 4 Mr. David Harden, City Manager Brian Shutt, Assistant City Attorney Mr. Joe Gillie, Executive Director, Old School Square, Inc INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF THE OLD SCHOOL SQUARE PARKING GARAGE THIS INTERLOCAL AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as "MUNICIPALITY ". WIT N E SSE T H: WHEREAS, MUNICIPALITY owns property located at the southwest corner of the intersection of Northeast 1 st Street and Northeast 2nd Avenue in Delray Beach; and WHEREAS, MUNICIPALITY desires to construct the Old School Square Parking Garage, hereinafter referred to as lithe Project" at said location; and WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the construction of said project; and WHEREAS, on November 5,2002, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $50 Million ("the $50 Million Recreation and Cultural Facilities Bond"); and WHEREAS, the COUNTY has approved a recreation and cultural facilities project list and proposed funding allocations for the $ 50 Million Recreation and Cultural Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project; and WHEREAS, MUNICIPALITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and 1 WHEREAS, both parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement; and WHEREAS, the parking garage when constructed will enable Old School Square to provide additional parking for its patrons and attendees, enhancing and enabling many to enjoy the cultural, recreational, and educational programs sponsored by Old School Square, Inc and the City of Delray Beach. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: 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 and cultural opportunities for use by the public and thereby provide a mechanism for COUNTY to assist MUNICIPALITY in the funding of the Project. Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed $1,000,000. for the construction of the Project as more fully described in the Project Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as Exhibit "A". MUNICIPALITY recognizes that COUNTY's funding of the Project is being paid from the proceeds of tax-exempt bonds issued by COUNTY. MUNICIPALITY agrees to provide COUNTY with a certification, in a form acceptable to COUNTY, from MUNICIPALITY's chief financial officer or independent accountant that each cost item for which COUNTY funding is requested under Article 3 of this Interlocal Agreement constitutes a capital expenditure. In that regard, an item is considered a capital expenditure where the item has a useful life and benefit beyond one year or extends the Project's use beyond one year. Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $14,383,423 or. greater to complete the Project. The parties agree that COUNTY shall provide its portion of the funding only after MUNICIPALITY has expended $14,383,423. Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the construction of the Project shall be Bob Barcinski, Assistant City Manager, Delray Beach, 561-243-7000. Section 1.06 MUNICIPALITY shall construct the Project upon property owned by MUNICIPALITY as more fully described in Exhibit "B" attached hereto and made a part hereof. 2 Section1.07 MUNICIPALITY shall utilize its procurement process for all construction services required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. COUNTY shall have no contractual obligation to any person retained by MUNICIPALITY with regard to the Project. Any dispute, claim, or liability that may arise as a result of MUNICIPALITY's procurement is solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby holds COUNTY harmless for same to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, MUNICIPALITY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's programming phase documents (Le., site plan, floor plan, elevations, etc.) to COUNTY's Representative for review. COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement. Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Prior to MUNICIPALITY commencing construction of the Project, MUNICIPALITY shall provide a copy of all plans and specifications, along with the associated costs thereof, to COUNTY's Representative for review to ensure consistency with the intent of this Interlocal Agreement. Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the public for its intended use within thirty six (36) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to COUNTY at least ninety (90) days prior to that date, MUNICIPALITY may request an extension beyond this period for the purpose of completing the Project. COUNTY shall not unreasonably deny MUNICIPALITY's request for said extension. Section 2.07 MUNICIPALITY shall submit quarterly project status reports to COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the 3 design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required for completion of the Project. COUNTY shall not dispense any funds to MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said excess funds for the Project. Section 3.02 COUNTY shall reimburse project costs under the terms of this Interlocal Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for each instance, make its best efforts to reimburse MUNICIPALITY within forty five (45) days of such special request. For each requested payment, MUNICIPALITY shall provide to COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by MUNICIPALITY and shall include the vendor invoice number; invoice date; and the amount paid by MUNICIPALITY along with the number and date of the respective check or proof of payment for said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid by MUNICIPALITY along with a copy of each respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify the total funds spent by MUNICIPALITY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by MUNICIPALITY as indicated. Section 3.03 COUNTY shall retain not less than ten percent (10%) of the total amount allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. COUNTY's representative shall visit the Project site to verify and approve said final reimbursement. Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to COUNTY no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to COUNTY. 4 Section 3.05 County agrees to reimburse MUNICIPALITY an amount not to exceed $0 for those approved pre-agreement costs accruing to the Project subsequent to November 5, 2002, as more fully described in Exhibit "0", Pre-Agreement Cost List. Section 3.06 For construction projects fully funded by COUNTY, no more than 10% of COUNTY's funding for the project shall be used for design and engineering costs for the project and be eligible for reimbursement under this Interlocal Agreement. For construction projects not fully funded by COUNTY, all design and engineering costs associated with the project shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from COUNTY. Section 3.07 COUNTY shall reimburse Project costs only after MUNICIPALITY has expended its share of Project funding in its entirety. MUNICIPALITY shall provide COUNTY with a certification, in a form acceptable to COUNTY, from MUNICIPALITY'S Chief Financial Officer or an independent auditor that MUNICIPALITY has complied with this Project funding provision. COUNTY will be entitled to rely on that certification in reimbursing Project costs to MUNICIPALITY under this Interlocal Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY. COUNTY shall not be required to pay MUNICIPALITY any additional funds for any other capital improvement required by or of MUNICIPALITY. Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. MUNICIPALITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest hereunder without the express prior written consent of COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, 5 MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should MUNICIPALITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by COUNTY, except that such records shall be retained by MUNICIPALITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: 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: 6 As to COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 With a copy to: County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 As to MUNICIPALITY: City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FI 33444 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE COUNTY may terminate this Interlocal Agreement upon written notice to MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the terms and conditions as set forth herein and where MUNICIPALITY does not cure said non- compliance within ninety (90) days of receipt of written notice from COUNTY to do so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame specified above, then upon written notice, COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement either in whole or in part once COUNTY has reasonably determined that no other remedy is available. ARTICLE 9: 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. 7 ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION It is understood and agreed that MUNICIPALITY is merely a recipient of COUNTY funding and is an independent contractor and is not an agent, servant or employee of COUNTY or its Board of County Commissioners. It is further acknowledged that COUNTY only contributes funding under this Interlocal Agreement and operates no control over the Project. In the event a claim or lawsuit is brought against COUNTY or any of its officers, agents or employees, MUNICIPALITY shall indemnify, save and hold harmless and defend COUNTY, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any intentional or negligent act or omission of MUNICIPALITY, its agents, servants and/or employees in the performance of this Interlocal Agreement. The foregoing indemnification shall survive termination of this Interlocal Agreement. ARTICLE 12: INSURANCE Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, MUNICIPALITY acknowledges to be either insured or self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Florida Statutes Chapter 440. MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property insurance, which would include builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, All-Risk property insurance for adequate limits based on MUNICIPALITY's replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured retention. MUNICIPALITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Interlocal Agreement. MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work associated with this Interlocal Agreement to maintain: 8 1. Workers' Compensation coverage in accordance with Florida Statutes including endorsements for U.S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event any portion of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water. 2. Commercial General Liability coverage at limits of not less than $1 ,000,000 Each Occurrence. The COUNTY shall be added an "Additional Insured". 3. Business Auto Insurance with limits of not less than $1,000,000 Each Accident. 4. If the construction work being performed exceeds $200,000, a payment and performance bond for the total amount of their construction contract, in accordance with Florida Statute 255.05. ARTICLE 13: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a) , Florida Statutes. ARTICLE 14: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 15: 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 16: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between COUNTY and MUNICIPALITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, 9 superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 17: THIRD PARTY BENEFICIARIES This Interlocal Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, 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. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: SHARON R. BOCK CLERK & COMPTROLLER PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk By: Addie L. Greene, Chairman ATTEST: CITY OF DELRA Y BEACH By: Clerk By: Mayor APPROVED AS TO TERMS AND CONDITIONS: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Municipality Attorney By: Dennis L. Eshleman, Director Parks and Recreation Department APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney 10 LIST OF EXHIBITS EXHIBIT A Project Description, Conceptual Site Plan, and Cost Estimate EXHIBIT B Legal Description of Property EXHIBIT C Contract Payment Request Form (Page 1 of 2) and Contractual Services Purchase Schedule Form) (Page 2 of 2) EXHIBIT D Pre-Agreement Cost List (NOT APPLICABLE) 11 EXHIBIT A PROJECT DESCRIPTION, CONCEPTUAL SITE PLAN, AND COST ESTIMATE 12 Exhibit A Project Description THE PROJECT CONSISTS OF THE CONSTRUCTION OF A FOUR (4) STORY FNE (5) LEVEL PARKING STRUCTURE ON A 1.33 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF NORTHEAST 1 ST STREET AND NORTHEAST 2ND AVENUE ADJACENT TO THE OLD SCHOOL SQUARE CULTURAL ARTS CENTER IN DELRAY BEACH, FLORIDA. THE STRUCTURE WILL INCLUDE APPROXIMATELY 520 PARKING SPACES FOR GENERAL PUBLIC PARKING USE AS WELL AS SPECIAL EVENT PARKING. THE GROUND FLOOR RETAIL COMPONENT OF THE STRUCTURE IS EXCLUDED FROM THE INTERLOCAL FUNDING AGREEMENT. Exhibit 'A - Site Plan / Ground Floor Plan '-~I ~. ~."'S::' .TER GYMNASIUM "~":" ;:<"':-"~'~-"'.,., ~~'''i''''''-'''' ~ ~ ~------- FPL TRANSF R #._~ .- --" _..__..__.__"_ ....~ r~""-'-"M .-.--- ."...- ..._-- ~_lOSET wo~INS REST M -t.. ~- - - -- ~< --- -~:_\ , EVENTS i LOADING ZONE OR i ADOITlONAL PARKING ON t . :;. . " ;1 .~ r~ . ~-- - - < .'\ .\ . mm ..~F.:9.:' _m PINEAPPLE GROVE WAY _......u,......""',..ltI , I I I I I I I i I -t-k ; \ :..1 \ ~i I I I I I I I I I I I I I I I I I . Iii I WI EI tit ~I z, I I I I I I . I I I . I tr Exhibit A Site Plan / Upper Floor Plans ..__._JP:~. "'" _..:.:<:i~:r:l w:4t.. / H ---:-r- /t:f' ; -::> f I f 2ND fLDOR - OPTION 13 ElEV:18'~ TOTAl. 2ND l'LDORAREA: _II'. VERT1CAI. CIRCUl.ATIDN: 1010 SF. _P: 11.17e$F, PARKING: STAHIIARD: 102 SPACES HANDICAPm : 2 SPACES TOTALATRMI': 32S~ACES TOTAl. THm l'LDOR: 131 SPACES 4TH FLOOR ~ DPT10N 13 ELEV:38'-cr TOTAl.4TKFl.OORAREA: "'....., VERTICAL ClRCULATIDN: 10'0 SF, RAMP: t1.11SSF. PARKING: ST-= 102 SPACES HANOICAPED : 2 spACEs TOTALAT RAMP: 28 SPACES tOTAL ntI8~1328PACE8 .------.-.__._....._.___......!!7.=!:..._____.__.___....__.__...._.___.._M" - - a.n_ ...,,- --@ - @.. )t'.v ~ ! ~ HI 1- U ---:-r- ...../...", ........-l..../ /"........-1 /~ 1" @ ....."- ~.. @ ... - SADI'LlIOR - OPTION 13 ELEV-.28'.o' TOTAl. SAD l'LCOR AREA: 37.... SF, IIER11CAL Cl/\CUlATIDN: 1010 SF. _'l,lTsSF, PARlONll: STAItDfoAD: 102 SPACES HAHIllCAPI!g : 2 SPACES TOTAL AT RAMP: 321lPACES TOTAL THIS FLoOR: 13181'ACES ~~- Itl_ I 5TH FLOOR - OPTION 13 ELEV:28'.o' TOTAl. STH l'LOOR AREA: 31,054 SF. VERTICAl. CIRCULATION: 101011'. RAMP: NtA P- STANDARD: ,us SPACES HANDlCAPEQ : 2 SPACES T07ALATRAMP: Nt... TOTAl. THIS FLCOR: 110 SPACES Exhibit A Project Cost Est VY'\~ -\- e... CONSTRUCTION MANAGER'S FEE GENERAL CONDITIONS, BONDS, INSURANCE SITE WORK BUILDING CONSTRUCTION (Excluding retail component) EQUIPMENT CONTINGENCY $ 2,096,665 $ 982,023 $ 582,571 $10,224,780 $ 1,184,787 $ 312.597 TOTAL PROJECT COST $15.383.423 EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 13 Exhibit B Legal Description ALL OF LOTS 7 AND 8 AND A PORTION OF LOTS 1,2,3, AND 9, AND A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY, ALL WITHIN BLOCK 76, MAP OF THE TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 7, BLOCK 76, MAP OF THE TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOO.OO'OO"W ALONG THE EAST LINE OF SAID LOTS 7,8, AND 9 FOR A DISTANCE OF 210.03 FEET; THENCE N89.06'47"W ALONG A LINE PARALLEL WITH AND 210.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID BLOCK 76, FOR A DISTANCE OF 276.01 FEET; THENCE NOO.OO'OO"E ALONG A LINE PARALLEL WITH AND 10 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF LOTS 3,2, AND 1 OF SAID BLOCK 76 FOR A DISTANCE OF 210.03 FEET; THENCE S89.06'47"E ALONG THE NORTH LINE OF LOTS 1 AND 7, OF SAID BLOCK 76 FOR A DISTANCE OF 276.01 FEET TO THE POINT OF BEGINNING; LESS THAT PORTION OF THE PARKING STRUCTURE DESIGNATED ON ATTACHED EXHIBIT B.1, SITE PLAN I GROUND FLOOR PLAN, AS RETAIL AREA, RETAIL ELECTRICAL ROOM AND RETAIL PHONE ROOM INCLUDING ADJACENT CONTIGUOUS WAL'tWVAYS. EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM 14 -~ ~ . . oa~~ PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT EXHIBIT C CONTRACT PAYMENT REQUEST Date Grantee: Project Name: Submission #: Reimbursement Period: Item ~ Project Costs This Submission Cumulative Project Costs Consulting Services (CS) Contractual Services (C) Materials, Supplies, Direct Purchases (M) Equipment, Furniture (E) TOTAL PROJECT COSTS Kev Leaend fcs-;;;.COnsuiiinii'servioos'...-...'.'........-..-..."-..-...-...--...,..........1 ! C = Contractual Services ! ! M = Materials, Supplies, Direct Purchases 1 L~__:.=~.~~.~,:~~~.~..~.~.~.~~~........_.,..".._"......_......,.._...,...._..,."..,j Certification: I hereby certify that the above expenses were incurred for the work identified as being accomplished in the attached progress reports. Certification: I hereby certify that the documentation has been maintained as required to support the project expenses reported above and is available for audit upon request. Administrator Date Financial Officer Date %) PBC USE ONLY $ $ $ $ $ $ County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage ( County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: PBC Project Administrator Date Department Director . Date G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls Page 1 of Gl iii -< Z Gl m ;0 "ii o ;0 s: (fJ W "1l co r'n )< ~ C' '" o 0, o :I a. X Iii "U III <C CD '" o - )> c. a ;:, in @ ~ ::E () CD CD (il ;:+ c: :;; (fJ 0 CD ~ 0. 0' 5' :J III o =r o CD o .., 3 CD "2.~ iii' 0 ~~ <C -. s:~ iii'~ -c- .., - .Q.~ CD O-c r+c: .., o =r III (JI CD (JI :J' o <D 0. III 0" o < CD o I>> CD TI S' I>> ;:, o !!I o 31 ~ l!} -g () ~n~ CD::T:;; ~ ~. ~ 0. cE 0' III 0. ? 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(') 0 ~ 0 ~ Z. < -I"tJ o :1])> c: :J>O :0 o -I" ir c:(I) ... :J>~"O r-O:J> (I):or- ~m3: <OUJ -:om ~m:J> cn~~ "tJoo ~zo ooC: ::I:mZ :J>"O-I (I):J>-< m:D (1)-1 03: ::I:m 2J2:i c: r- m 5' < o 0- CD -m o >< g::I: 0+ - -OJ 0._ '=""-1 o EXHIBIT D PRE-AGREEMENT COST LIST NOT APPLICABLE 15 Exhibit D Pre-Agreement Costs THERE ARE NO PRE-AGREEMENT COSTS. --11 [ITY DF DELRRY IER[H CITY ATTORNEY'S OFFICE ~il{)!\:\V !\,WL'\:! i -llL1.!)II( }''<L~() i !U,'{ BEACH. FLORIDA 33444 : . !\CSIrvIlLE: 5t) I /278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH F lOR I D ^ tab:II All-America City , III I! ~:TE: 1993 2001 MEMORANDUM November 13, 2006 City Commission David T. Harden, City Manager ~ FROM: Terrill Barton, Assistant City Attorney SUBJECT: Aqreement for Leqal Services/Hearinq Officer Lula Butler, AI Berg, Richard Bauer and I interviewed all three (3) applicants for Hearing Officer and we recommend that David Schmidt be appointed as the Hearing Officer and Roger Saberson and Doak Campbell as the alternates. Please place the attached Agreement for Legal Services/Hearing Officer on the November 21,2006 City Commission agenda for consideration. Thank you. TCB:smk Attachment cc: Chevelle Nubin, City Clerk g.L AGREEMENT FOR LEGAL SERVICES/HEARING OFFICER THIS AGREEMENT, by and between the CITY OF DELRA Y BEACH, FLORIDA (the "City"), and DAVID W. SCHMIDT ("Hearing Officer"), is entered into this day of , 2006. WHEREAS, the City desires for Hearing Officer to provide legal services to the City of Delray Beach by presiding over citation appeals hearings. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Duties. The Hearing Officer agrees to preside over citation appeals hearings and agrees to perform the functions and duties specified in Section 37.45 of the Code of Ordinances of the City of Delray Beach, Florida, including but not limited to: presiding over hearing~ to_~_e sche~uled ont~~ third Tuesday of each month beginning at 2:00 p.m., applying the City's quasi-judicial rules to each hearing which shall include issuing subpoenas to violators and/or witnesses and to obtain evidence for hearings, taking testimony under oath, assessing and ordering the payment of fines and entering findings of fact, conclusions of law, and issuing orders having the force of law in order to command whatever steps are necessary to bring a violation in compliance. All hearings shall be recorded but no verbatim transcripts shall be prepared by the City. Section 2. Term. A. The term of this Agreement shall be for one (1) year from the effective date of the Agreement unless terminated as provided in this Agreement but may be renewed for additional terms by agreement of both the City Commission and the Hearing Officer. B. Nothing in this Agreement shall prevent, limit, interfere with, or otherwise restrict the rights of the City Commission to terminate the services of the Hearing Officer at any time, with or without cause, or the Hearing Officer to terminate his or her services at any time with or without cause. The termination shall be effective within seven (7) days after written notice is given as required by Section 10 of this Agreement. Section 3. Compensation. City agrees to pay Hearing Officer One Hundred Seventy-Five Dollars ($175) per hour for Hearing Officer's services, which shall not include travel time or any other expenses, provided however, that in the event the number of hours exceeds five and orie half (5 %) tiOl.irS ilia mOhth, thE:rtbtal amount dmr shall not exceed -One Thousand Dollars ($1,000) per month. Section 4. Independent Contractor. This Agreement does not create an employer/employee relationship between the parties. Hearing Officer is not entitled to any benefits paid to City employees. It is the intent of the parties that under this Agreement, the Hearing Officer shall be an Independent Contractor which is not an employee of the City for all purposes, including but not limited to, the application of the Fair Labor Standards act minimum wage and 2 overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. Section 5. Taxes. Hearing Officer shall be responsible for all taxes of any kind. An IRS W-2 form will not be provided. The City will provide an IRS Form 1099 required by law. Hearing Officer recognizes that no Federal Income Tax or Social Security will be withheld. Section 6. Indemnification. That Hearing Officer shall indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or wrongful act(s) of Hearing Officer. Section 7: . Assiahmem. This Agreement is a personal service contract and an assignment of this Agreement by Hearing Officer without the written consent of the City is void. Section 8. Outside Emplovment. Hearing Officer shall be free to contract for similar services to be performed for other entitles or persons while under contract with the City. The provision of services provided for herein is non-exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 3 Section 9. Nondiscrimination. Hearing Officer shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in performance of this Agreement. Section 10. Notices. Notices shall be given by regular first class mail, addressed as follows: Hearing Officer: Lula Butler, Director of Community Improvement City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 David W. Schmidt, Esq. 140 N.E. 4th Avenue, Suite A Delray Beach, Florida 33483 City: Alternatively, notices may be hand-delivered. Notice shall be deemed given as of the date of personal service or as of the date of deposit in the course of transmission in the United States Postal Service. Section 11. General Provisions. A. This Agreement represents the entire understanding of the parties and supersedes all other written or oral agreements. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. B. Hearing Officer understands that Hearing Officer must comply with all applicable laws and maintain all qualifications required to remain an attorney in "good standing" as defined by the Florida Bar in order to provide the services provided for under this Agreement. That this Agreement shall be immediately deemed null and void and notice of termination, as set forth in Section 2 is not required, if, any at time during the term of this Agreement, Hearing Officer does not abide by all applicable laws or 4 fails to retain qualifications necessary to serve as a Hearing Officer of the City of Delray Beach. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be The foregoing instrument was acknowledged before me this , 2006, by personally known to me or who has produced as identification. executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRA Y BEACH, FLORIDA By: David T. Harden, City Manager HEARING OFFICER: By: David W. Schmidt Social Security No.: or Federal Tax No.: day of who is Signature of Notary Public 5 MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS ~ CITY MANAGER AGENDA ITEM # Y].'N\ REGULAR MEETING OF NOVEMBER 21.2006 AGREEMENT I BLACKHAWK SECURITY. INC. TO: FROM: DATE: NOVEMBER 17, 2006 This is before Commission to approve a request to renew the agreement between the City and Blackhawk Security, Inc. in the amount of $23,920.00 for an additional six months from October 1, 2006 to March 31, 2007 for the security service at Pompey Park. Funding is available from 001-4127-572-31.90 (General Fund/Other Professional Services). Recommend approval of a request to renew the agreement between the City and Blackhawk Security, Inc. in the amount of $23,920.00 for an additional six months from October 1, 2006 to March 31, 2007 for the security service at Pompey Park. S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Blackhawk Security Ine Pompey Park 11.2UJ6.doc . MEMORANDUM ~() TO: David Harden, City Manager SUBJECT: Alberta Gaum, Project Coordinator ar Joe Weld~eelOr of Parks and Recreation Renew Security Service at Pompey Park FROM: THROUGH: DATE: November 15,2006 Request approval to exercise the option to renew agreement, dated March 2, 2006, between the City of Delray Beach and Blackhawk Security, Inc. for an additional six months from October 1, 2006 to March 31, 2007. Blackhawk Security, Inc. will continue providing inside/outside security for Pompey Park by uniformed, licensed and trained security officers, Security service will be provided Monday through Saturday, 8hrs/day, Sunday, 5hrs/day, and one Supervisor for periodic checks, 4hrs/week. Total cost for 26 weeks is $23,920.00. Funding is available from account # 001-4127-572-31.90 (Other Professional Services). Cc: Doug Smith, Assistant City Manager Blackhawk Security Incorporated "A Total Quality Services Company" 1030 Wallla Drive, Unit .B', Dekay Beach, Florida 33444 .Office (561) 276-9880 .Fax (561) 276-9879 Federal Tax 1Df# 52-1753209 website: www.b1ackhawksecuritvinc.com PROPOSAL: Pompey Park-City of Delray Beach FOR: Licensed Uniformed Security Guard Services October 01, 2006 through April 01, 2006 RATES AND FEES: (I) security Guards @ $16.00 per hour Monday through Friday - 8 Hours Per Day Time: 2:00 PM - 10:00 PM . $128.00 Total: $ 640.00 (I) Security Guards @ $16.00 per hour Satw-day -8 Hours Per Day Time: 12:00 PM - 8:00 PM - $128.00 Total: $ 128.00 (1) Security Guards @ $16.00 per hour Sunday -, Hours Per Day Time: 1:00 PM - 6:00 PM . $80.00 Total: $ 80.00 (I) SupervilKll'@ $18.00 per hour For Intennittently Checks Only - 4 Hours Minimum Per Week A4dItIon SeearIty G8anh .. BOlIn ..... @ $16.00 per Iao8r . nq1IIeIted. Total: $ 72.00 FL SlIIes Tax on Security Only: Exemptll TOTAL PER WEEK S 920.. X 26 WEEKS S 13, 920.00 A. DESCRIPTION OF SERVICES: Blacld1awk. Security, Inc. win provide perimeter security by uniformed, licensed and 1rained Uniformed Security Officers to work the attached schedule. All posts are predicated upon four-hour minimum. B. SCHEDULE REVISIONS: BIaclthawk. Security, Inc. will provide additional staff at the same rate when given 8 hours notice. Any additional staffing made with less than 8 hours notice win be considered "ASAP SERVICE" and billed at time and a balf. All "ASAP SERVICE' will be aa:ommodated on a best effort basis. Any deletions in staffing with less than 8 hours notice wiD be billed at a 4-hour minimum per person. C. RATES: The rates for uniformed security officers are as stated above. Charges for overtime, nights, weekends or holidays are as stated in the qreemenL (Prices are subject to change) D. TERMS OF AGREEMENT: A payment or $310.00 lUldIor addltlOlllllllOla1lle boon is due In ftdI wItbIn 30 days or nceipt 01 invoice. Note: II eompIete payment II not received IJy tile due ate. tile Invoke IIIaU lie .IIJed to the IDterest nte or 1.!% per mondI ... a peBa1ty or l001i1 or the total invoice amount. Attorney fees and cost of collection win be in addition to all penalties and interest. The adjudication proves win occur in the State of Florida. Customer agrees it will not employ or solicit for employment any B1ackhawk. Security, Inc. employee. Customer also agrees it will pay Blackhawk. Security, Inc. liquid damages in the amount of the one hundred and twenty percent of employee's year to date earning if hired. AD'! lIIUllIII add..'. to tile IlIJ'ftd upoII KhedaIe wII1l1e ..... wItldn 30 days or the 1ast day or serviee IUId wDllIIso be subJed to the above te....<< BOt pald witIdn 10 days. E. RESPONSIBILITY: Blackhawk Security, Inc. main objective is to cordroI and maintain the integrity of the perimeter, and i. not an insurer and is not responsible for the acts of others or events beyond their control. Blackhawk. Security, Inc. company fees are in on way related to or intended to cover in whole, or in part any loss, theft, injury or damage to the property or product of any individual exhibitor. Blackhawk. Security, Inc. is responsible for controlling admission to the exhibit ball and such meetings, session, etc. as may be requested by Management F. INDEMNIFICATION: To the extent permitted by law, both parties agree to protect, indemnify, defend lIlld hold harmlell the other party, and their respective employees and agents against all claims, losses or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney'. fees), arising out of or connected with your function, except those claims arising out of tile sole gross negligence or willful misconduct of the other party. Blackhawk Security Incorporated "A Total Quality Services Company" 1030 Wallace Drive, Unit "B", Deny Beach, Florida 33444 .Office (561) 276-9880 .Fax (561) 276-9879 Federal Tax 10## 52-1753209 website: www.b1ackhawksecuritvinc.com G. JI'ORCE MAJUERE CLAUSE: If the performance by eithec pIIty of any obligatiOll. under this Agreement is delayed or prevented in whole or in part by any cause not reasonably within its control (including without limitation acts of God, War, Civil Disturbances, Accidents, Damages to Facilities, Labor Disputes, Acts of Any Govermnenta1 Body, Terrorist threats or Terrorist attacks, or Failure of Delay of Third Parties), it shall be excused, discharged and released of perfonnance to the extent such performance is so limited or prevented without liability of any kind. Nothing herein contained shall be oonstroed as requiring either party to accede to any demands of labor or labor unions, suppliers or other entities that it considers unreasonable. our OODSideration 01 our company. Iryou have nay RespedfUDy Submitted B . Tenn 01 ACreement: The term of this Agreement shall begin on date agreed upon. Blackhawk Security, Inc. is authorized to do the wade. as specified. Payment will be made as outlined above. Pompey Park, 1101 NW 2- Street, Delray Beach, Florida 33444 Si2nature: Tide: Date: AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH AND BLACKHAWK SECURITY, INC. THIS AGREEMENT is made this c;;;Jry:;J day of O)Qrch , 2006 by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation (hereinafter referred to as "City"), and BLACKHAWK SECURITY, INCORPORATED (hereinafter referred to together as "BLACKHAWK"). WIT N E SSE T H: WHEREAS, the City and Blackhawk desire to enter into an agreement wherein Blackhawk will provide inside/outside security for "Pompey Park", This service will be provided by uniformed, licensed and trained Uniformed Security Officers with perimeter checks. All posts are predicated upon a four-hour minimum with the exception of Security Supervisors. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Duties. Blackhawk's duties are as follows: To provide inside/outside security for "Pompey Park". This service will be provided by uniformed, licensed and trained Uniformed Security Officers with perimeter checks as per scheduled/needed. All posts are predicated upon four-hour minimum with the exception of Security Supervisors. 3. TermslTermination. This Agreement shall commence on March 1, 2006 and shall expire September 30, 2006. This Agreement may be terminated by either party with thirty (30) days advanced written notice. Upon expiration of this Agreement, the City has the option to renew the Agreement on a month to month basis with advanced written notice for an additional six month period. 4. Compensation. The rates for uniformed security officers are as stated below. (1) Security Guard @ $16.00 per Hour per Guard Hours 2:00 PM - 10:00 PM Monday thru Friday - 8 Hours per Day - $128.00 (1) Security Guard@$16.00 per Hour per Guard Hours 12:00 PM - 8:00 PM Saturday - 8 Hours per Day - $128.00 $640.00 $128.00 (1) Security Guard@$16.00 per Hour per Guard Hours 1 :00 PM - 6:00 PM Sunday - 5 Hours per Day - $80.00 $ 80.00 Supervisor 4 hrs@ $18.00 per hour For Intermittently Checks Only - Minimum per week $ 72.00 (per week) Additional Security Guards and Hours as needed billed at $16.00 per hour FL Sales Taxes on Security Only: Exempt Total: $920.00 An invoice is due in full within thirty (30) days of receipt of invoice. Note: If complete payment is not received by the due date, the invoice shall be subject to the interest rate of 1.5% per month and a penalty of 10% of the total invoice amount. Any and all add-ons to the agreed upon schedule will be paid within thirty (30) days of the last day of the service and will also be subject to the above terms if not paid within ten (10) days. 2 5. Emplovment of Blackhawk Security. Inc, Emplovee, City agrees it will pay Blackhawk liquidated damages in the amount of the one hundred and twenty percent of employee's year-to-date earnings if the City hires Blackhawk's employee within one year from the date of this Agreement. 6. Relationship of the Parties. The parties intend that Blackhawk, its officers, directors and employees performing services specified in this Agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City for any purpose. Blackhawk shall have sole control of the work and the manner which it is performed. Blackhawk shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. Blackhawk is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law/Insurance. Blackhawk shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. Blackhawk shall provide insurance, as may be required by the City's Risk Manager, and name the city as an additional insured. 8. Taxes. Blackhawk shall be responsible for all federal, state or local taxes of any kind which Blackhawk now or hereafter shall be liable for or required to pay either on its own behalf, on behalf of his employees, or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 3 9. AssiQnment. An assignment of the duties to be provided under this Agreement shall require the prior written consent of the City. 10. Indemnification. Blackhawk shall indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this Agreement by Blackhawk or his officers, agents or employees, and Blackhawk shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 11. Notices. All notices shall be effective when mailed at the following addresses: Blackhawk Security, Inc.: Veronica Kay Covington, Florida Regional Director 1030 Wallace Drive Unit "B" Delray Beach, FL 33444 City of Delray Beach: Jeff Perlman, Mayor 100 N.W. 1st Avenue Delray Beach, FL 33444 12. GoverninQ Law; Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida 13. Non-Discrimination. Blackhawk shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in the performance of this Agreement. 4 14. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 15. Entire AQreement: Modifications. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the parties. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and duly executed by the parties. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: Witnesses: '-'--. & ,/ ~ .._.._-_.~~~.... .' ~~ .<- PrinfName:/)n-Yrol /5 .~;,--,,~ Print Name: STATE OF FLORIDA COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 2 day of March , 2006 by Veronica Kay Covington (name of officer or agent, 5 title of officer or agent) of City of Delray Beach (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced D/L /1: C152-871-54-581-Q (type of identification) as identification. Driver's License Notary P - ~,~. ~lW1"'f, GAIL VANHOVE ~.._~ MY COMMISSION # 00271984 ~ /If t\.fI><ii EXPIRES: December 3. 2007 l~TARY Fl Notary DiscountAssoc. Co. -..--.......-............ 6 AGENDA ITEM NUMBER: 3,M AGENDA REQUEST Request to be placed on: _ Consent Agenda _X_ Regular Agenda _ Workshop Agenda _ Special Agenda VVhen:_November21,2006 Description of agenda item (who, what, where, how much): Request approval to renew agreement, dated March 2, 2006, between the City of Delray Beach and Blackhawk Security, Inc. for an additional six months from October 1, 2006 to March 31, 200'. Blackhawk Security, Inc. will continue providing inside/ outside security for Pompey Park by uniformed, licensed and trained security officers. Total cost for 26 weeks is $23,920,00. Funding is available from account # 001-4127-572-31.90. Department Head Signature: r..'.l^! ... .... City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: (9 No Initials: ~ Account Number 00 I - '-I ( 2 7--57 2, 5'/- c; U ~. r ~/U'-(, $eNI LJl. 5' .<j 5~ 06CJ Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda@ No Initial" ~ Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: SUBJECT: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM # .N - REGULAR MEETING OF NOVEMBER 21 2006 RATIFICATION OF APPOINTMENTS TO THE KIDS & COPS COMMITTEE FROM: DATE: NOVEMBER 17,2006 The Kids and Cops Committee was established as an advisory board to the City Commission in May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives designated by the City's Police and Parks and Recreation Departmentl Delray Beach public schools and other organizations. Over the years, membership has evolved to include the "Other Representation" category which has provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Other Representation" category. The other appointments are made by the various groups involved and presented to the Commission for ratification. The current appointees for ratification are: Position Ore:anization ReDresented Maxx Benn (Incumbent> Aftercare Coordinator SD Spady Elementary Cheryl McKeever (Incumbent> Principal Crosspoint Elementary A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. All ofthe current appointees have previously served on the Kids and Cops Committee. The terms are unexpired ending November 30, 2007. Ratifications are scheduled for the regular City Commission meeting of November 21,2006. KIDS AND COPS 11/06 TERM REGULAR MEMBERS ORGANIZATION TELEPHONE EXPIRES REPRESENTED Atlantic High Office: Home: Vacant Atlantic High (student) Home: Vacant 11/30/2007 WtlliamJ. Fay,Jr. (principal) Banyan Creek Office: 638-2151 Ratified 02/07/06 4243 Sabal Lakes Road Home: 624-8150 De1ray Beach, FL 33445 11/30/2007 Yvonne Odom Carver Middle Home: 498-1894 Ratified 02/07/06 3905 Lowson Blvd PBC School District De1ray Beach, FL 33445 11/30/2007 Cheryl McKeever Other Representation Office: 292-4100 Unexp Appt 6823 Coral Reef Street (Crosspoint Elementary) Home: 964-2968 W/06/06 Lake Worth, FL 33467 Cell: 248-8564 11/30/2007 Paul DeDominico Orchard View Office: Unexp Appt 04/05 Home: 11/30/2007 Pine Grove Elementary Office: Home: Vacant 11/30/2007 Shirley Santiago Plumosa Elementary Office: Unexp Appt Home: W/06/06 11/30/2007 Maxx Benn S.D. Spady Elementary Office: 454-7824 Unexp Appt 5112 Ashley Lake Drive. #621 Home: 735-7530 W/06/06 Boynton Beach, FL 33437 Cell: 319-4506 Fax:: 735-7530 11/30/2007 Cory Cassidy Citizen at Large Office: 715-7100 Ratified .02/07/06 424 Palm Trail Home: 731-4928 De1ray Beach, FL 33483 Oergy-Ministerial Office: Association Home: Vacant 11/30/2007 Danielle Gallo Parks and Recreation Office: 243-7277 Ratified 02/07/06 50 N. W. 1st Ave. Delray Beach, FL 33444 11/30/2007 Jeffrey Messer, Chair PBA Office: 243-7841 Orig Appt 1997 300 West Atlantic Ave. Ratified 02/07/06 De1ray Beach, FL 33444 11/30/2007 Edward Smith Police Dept Office: 243-7847 Ratified 02/07/06 1560 NW 22nd Avenue Delray Beach, FL 33445 11/30/2007 Jennifer Buce, Co Chair Other Representation Office: 243-7138 Org Appt 04/97 100 N. W. 1st Ave. Reappt02/07/06 De1ray Beach, FL 33444 11/30/2007 Francis Moschette Other Representation Office: 243-7820 Reappt02/07/06 300 West Atlantic Ave De1ray Beach, FL 33444 Contact Jeff Messer - 243-7841 s/Gty Ocrk/Board 06/Kids & Cops DElRAY BEACH . 1 0'. . D " ***** 2. CITY OF DELRAY BEACH €-o BOARD MEMBER APPLlCATI"C€-\\! Ii \1 \\ 1. 1\\~ \\\)1 ~~ \"r~{ c "7// d- .116 M 1./1 S~e Zi CO~7 ~2 330~7 State Zip Code a 1/1 Pe g~ "c( 33Y'~1' 5. Home Phone: Business Phone: _ E-Mail.A,8j~~. Cell Phone: Fax: S' ~/ . 1- iDS-/5&:) /-Lf51f-7~'I 6eAO@:J~..,cc:: .us '5{,/-3/r-~506 '7~5 - )5<30 6/;a~"!/;;;7~ 7. AteY;Srer}steredvoter? I&;~%:YOU~;d 8. What Board(s) are you interested in serving? Please list in order of preference: All-AlnerlcaCily , 1"11 I! 1993 2001 information: 3. 4. 9. hich you are currendy serving or have previously served: (please include dates) 10. Educational qualifications: , 12. Give your present, or most recent employer, and position: "- -ch 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 contained' s applica . ay cause forfeiture upon my part of any appointment I may ceiv. DAlE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ,~/1 AI ~/ <:.,p.-.I- L. ---Y ~ DELRAY BEACH . , 0." . 0 " ***** c~\\JE.O CITY OF DELRAY BEACH ~E. i 1\\\\%. BOARD MEMBER APPLlCATIOrfll'l II ':I;f:,,?>'t- Crr~( C 1/8J~ All-AmerlcaCity 'IHJ! 1993 2001 information: tr dres~_ ' 3 UJrttL,ftcf" 3. Legal Residence: O)Me AS bovc- 4. P2D[53~ A& eS5 A v~ Cifu V) in Bc..h 0'lJr~)~~ 8 6l,7JE~4tCO ;;;::c;ess, 6. Date of Birth 7. Are you a registered voter? ~.~& 2. City S~L State Zip Code State Zip Code FL 3312 8. What Board(s) are you inter sted in serving? Please list in order of preference: eS Fax: VJ' ttl.<ltL 9. List all City Boards on whicli y.ou are currently serving or have previously served: (please include dates) Q t a the above statements are true, and I agree and understand that any misstatement of material facts Ii a . ay cause forfeiture upon my part of any appointment I ay r ceive. f / ()/o . 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. ~tu[, /J/AcgP/J/~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ?fiITY MANAGER SUBJECT: AGENDA ITEM # <6.0 - REGULAR MEETING OF NOVEMBER 21. 2006 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 17,2006 Attached is the Report of Appealable Land Use Items for the period November 6, 2006 through November 17, 2006. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\AGENDA COVER MEMOS\Appealable Agenda Memos\2006 Appealable Agenda Memos\apagmemo 112106.doc ~ TO: THRU: DAVID T. HARDEN, CITY MANAGER ....... (I . , Jt'~~ PAUL DORLlNG, DIRECTOR OF PLANNING AND ZONING -r FROM: JASMIN ALLEN, PLANNER Ofh;V'.. SUBJECT: MEETING OF NOVEMBER 1, 2006 *CONSENT AGENDA * REPORT OF APPEALABL LAND USE ITEMS NOVEMBER 6, 2006 THRU NOVEMBER 17, 2006 The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of November 6,2006 through November 17, 2006. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: · Recommended approval (7 to 0), of City initiated amendments to the Land Development Regulations creating a new zoning district Section 4.4.29 MROC (Mixed Residential, Office and Commercial) District; Section 4.3.4 (K) "Development Standard Matrix"; and, Section 4.6.9(C)(8)(a) "Shared Parking" to add MROC (Mixed Residential, Office and Commercial) District as a zoning district which can utilize shared parking. · Recommended approval (7 to 0), of the "Proportionate-Share Ordinance" which is a Concurrency Management Ordinance that allows for (Proportionate-Share) in Contributions from Developers towards Traffic Concurrency Requirements. A. Approved (5 to 0, Connor Lynch and Andrew Youngross absent), the master sign program for Delray West Plaza, located at the southeast corner of West Atlantic Avenue and Military Trail (14800 South Military Trail). City Commission Documentation Appealable Items Meeting of November 21, 2006 B. Approved (5 to 0), a request for a color change for Midas Auto Service Exterior Paint and Signage, located on the west side of Congress Avenue, between NW 1 st Street and Lake Ida Road (220 North Congress Avenue). C. Approved (4 to 0, Jose Aguila stepped down), a request for a color change for Bermuda High Beach and Tennis Club, located on the east side of South Ocean Boulevard, south of Linton Boulevard (2111 South Ocean Boulevard). D. Approved (5 to 0), a Class II site plan modification, landscape plan and tower elevations associqted with the construction of a 123' 7" high monopole telecommunication tower to be located within the Delray Beach Golf Course which is located south of West Atlantic Avenue, between Congress Avenue and Homewood Boulevard. E. Approved (4 to 0, Jose Aguila stepped down), an extension request (expiring November 10, 2008) for the Class V site plan for Intracoastal Park, located on the east side of South Federal Highway, south of SE 10th Street. F. Approved (4 to 0, Jose Aguila stepped down), an extension request (expiring May 25,2008) for the Class V site plan for Bob Famous Bar, located at the northwest corner of East Atlantic Avenue and Railroad Avenue. G. Approved with conditions (5 to 0, Andrew Youngross and Mark Gregory absent), a Class III site plan modification associated with the conversion of 750 sq. ft. of general commercial floor area to restaurant in order to accommodate the expansion of an existing coffee shop for Atlantic Coffee and Tea, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue (504 East Atlantic Avenue). H. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 14,550 sq. ft. drug store with two attached drive-thru lanes for Walgreens, located at the northeast corner of West Atlantic Avenue and Military Trail (4999 West Atlantic Avenue). 1. Approved (5 to 0, Toni Del Fiandra arrived late), a request to reconsider the conditions of approval (to provide individual awnings over the windows of the front facade on the first floor and to retain the diamond shaped architectural detail over the doors) associated with alterations to an extant building located at 135 NW 5th Avenue. The Board eliminated the above stated conditions from the original approval. 2. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the partial demolition and major additions and alteration to a non-contributing structure located at 711 North Swinton Avenue. 2 City Commission Documentation Appealable Items Meeting of November 21,2006 Other Items The Board postponed (5 to 0), the request to forward a recommendation to the City Commission to adopt the revised Delray Beach Historic Preservation Design Guidelines. By motion, receive and file this report. Attachment: Location Map 3 CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - NOVEMBER 21, 2006 "_,,_,,J"-" L.30 CANAL ~ os '"' u, ~ '" CS LAKE IDA ROAD '" >- '" ~ '" u .... ~ t"" !i '" ~ ,....11_11 A nANTlC ATLANTIC 0) S. W. 2ND Sf. ~ !.U ~ :> ~ ... ... @ ~ ~ ~ 00 "" !E ~ ~ <:) ~ .,; .,; ~ 0 "" ltl S.w. 10TH ..... ~ ..... ... ~ 0 a:; ~ 0 ~ ~ ~ >< ~ ...... ~ .,; .... ~ oj .,; ~ -" ~ LOWSON BOULEVARD >- '" 5 !i i!: ::> o '" - I L"...,j '" i ... LINTON ",J L"_,,_,, ~ 1S '"' II., L.38 CANAL C.15 CANAL ~ SPRAB A. DELRA Y WEST PLAZA B. MIDAS AUTO SERVICE EXTERIOR PAINT AND SIGNAGE C. BERMUDA HIGH BEACH AND TENNIS CLUB D. DELRA Y BEACH GOLF COURSE TELECOMMUNlCA TlON TOWER E. INTERCOASTAL PARK F. BOB'S FAMOUS BAR G. A TLANTlC TEA AND COFFEE H.WALGREENS -,,-,,-,,- CITY LIMITS .,,-,,-,,- ONE MILE GRAPHIC SCALE HPB 1.135 NW 5TH AVENUE 2. 711 NORTH SWINTON A VENUE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT NOVEMBER 2006 .. DIGITAL BASE MAP SYSTEM.. MEMORANDUM FROM: " ~R AND CITY COMMISSIONERS {tfEfTY MANAGER t? AGENDA ITEM # '() . P - REGULAR MEETING OF NOVEMBER 21.2006 AWARD OF BIDS AND CONTRACTS TO: SUBJECT: DAlE: NOVEMBER 17, 2006 This is before the City Commission to approve the award of the following bids: 1. Contract award to West Construction, Inc. in the amount of $2,965,930.86 for the construction of the Environmental Services Administration Facility Project. Funding is available from 334-6111- 519-63.32 (General Construction Fund/ESD Building Expansion) and 441-5161-536-62.32 (Water/Sewer Fund/ESD Building Expansion). 2. Contract award to Chaz Equipment Company, Inc. in the amount of $49,971.00 for Rehabilitation of Lift Stations 36, 26A, 26B, 53A and 86. Funding is available from 442-5178-536-68.15 (Water/Sewer Renewal and Replacement Fund/Lift Station Rehabilitation). 3. Contract award to Chaz Equipment Company, Inc. in the amount of $1,151,000.00 for construction of the Sea Sage Drive/Melaluca Road/Oleander Road Infrastructure Improvements. Funding is available from 442-5178-536-65.35 (Water/Sewer Renewal and Replacement Fund/Sea Sage Drive/Melaluca Road/Oleander Road) and 448-5461-538-65.35 (Stormwater Utility Fund/Sea Sage Drive/Melaluca Road/Oleander Road). 4. Contract award to Neil O'Neil Jr. Roofing in the amount of $29,050.00 for the re-roofing of Lift Station #11 at the Boy Scout Park. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). 5. Purchase award to PFS Office Organization Solutions in the amount of $23,720.71 via GSA Contract #GS-25F-0048M for the purchase of a Lektriever 2000 Vertical Carousel Records Storage System for the Police Department. Funding is available from 115-2112-521-64.90 (Special Projects Fund/Other Machinery/Equipment). 6. Purchase award to Show Turf in an amount $42,469.00 via the Orange County School Contract #02-03-11VH for the purchase of one (1) John Deere 3235C Lightweight Fairway Mower for the Delray Beach Municipal Golf Course. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course Fund/Machinery and Equipment). 7. Purchase award to Chemical Lime Company in an estimated amount of $673,000.00 via the City of Boynton Beach Co-op Bid #064-2821-06/JA for the purchase of bulk quicklime. Funding is available is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 8. Purchase award in the amount of $22,454.00 to Hoover Canvas Products Co. for three (3) seat kills in sections CC, DD and FF, located on the west side of the tennis stadium. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). 9. Bid award to Gator Landscaping in an estimated amount of $33,834.00 for the landscape maintenance of Homewood Boulevard, Linton Boulevard and three (3) medians on Military Trail. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Beautification Maintenance). 10. Bid award to Preferred Seating, Inc. in the amount of $172,755.55 for the purchase of 1,793 19" Champion Stadium Seats with cup holders for the Delray Beach Tennis Stadium. Funding is available from 001-4210-575.63.90 (General Funding/Other Improvements). Recommend approval of the above bids and purchases. S:\City Clerk\AGENDA COVER MEMOS\Bid Agenda Memos\2006 Bid Memos\BID Memo 112106.doc City Of Delray Beach Department of Environmental Services M E M o R A N D u M SUBJECT: ENVIRONMENTAL SERVICES INISTRATION FACILITY (PIN 2005-049) Commission Agenda Item, Contract ward www.mydelraybeach.com TO: David Harden, City Manager FROM: Bob Diaz, Construction Manager DATE: November 13,2006 Attached is an Agenda Request for City Commission to approve award of contract to West Construction, Inc. for the construction of the new Environmental Services Administration Facility. West Construction, Inc. the only contractor to submit a bid exceeded the budget estimate established by the engineer. Subsequent meetings with City Officials resulted in a mutual agreement to value engineer the project. With the help of the contractor, the value engineering exercise resulted in a reduction of the proposed contract amount (attached hereto as schedule "A"). On August 31, 2006 West Construction submitted the only bid received in the amount of $3,006,930.86. Valve engineering resulted in a savings of $41,000.00. Bid tabulation is attached for your review. Staff recommends award of contract to West Construction, Inc, in the amount of $2,965,930,86 for the construction ofthe Environmental Services Administration Facility project, PIN 2005-049. Funding is available from accounts 334-6111-519-63.32 ($500,000.00) and 441-5161-536-62.32 ($ 2,465,930.86) cc: Richard Hasko; Director ofESD Randal Krejcarek; City Engineer Victor Majlenyi; Deputy Director Public Utilities Rafael Ballestero; Dep. Dir. of Construction Caro1anne Kucmerowski, Construction Management Technician City Clerk's Office Agenda File; 11/21/06 File 2005-049(A) S:\EngAdmin\Projects\2005\2005-049\OFFlCIAL\Agda memo West 11.21.06.doc q.P.f Attachment "A" ENVIRONMENTAL SERVICES DEPARTMENT ADMINISTRATIVE OFFICES PROJECT #2005-049 BID TABULATION ITEM NO. DESCRIPTION I UNIT EST. QTY. Buildinll 1.00 Clearinll & Grubbing, New Compacted Foundation LS 1 2.00 New ESD Administration Building Complete, Per Plans & LS 1 Specifications 3.00 Landscapin2 3.01 Beauty Leaf Tree EA 2 3.02 Japanese Fern Tree EA 2 3.03 Alexander Palm EA 2 3.04 Live Oak EA 12 3.05 Gumbo Limbo EA 9 3.06 Sabal Palm EA 33 3.07 Royal Palm EA 4 3.08 Arboricola EA 24 3.09 Cocoplum EA 226 3.10 Purole Crinum Lilv EA 24 3.11 European Fan Palm EA 8 3.12 Dwarf Fakahatchee Grass EA 176 3.13 Green Island Ficus EA 210 3.14 Hibiscus Tree EA 11 3.15 Ti Plant EA 6 3.16 Trinette EA 138 3.17 Viburnum EA 78 3.18 St. AUl!Ustine Sod SF 7,500 3.19 Mulch CY 30 3.20 Irri2ation LS 1 4.00 Pavin2 and Drainalle 4.01 Concrete Curb FDOT Type "D" LF 835 4.02 Pavement Markings & Signage LS 1 4.03 1 1/2" Asphalt SY 5,292 4.04 8" Limerock Base SY 5,557 4.05 12" Stabilized Subgrade SY 5,835 4.06 5' Wide Concrete Sidewalk, remove and replace existing LF 284 4.07 Concrete Pavers Bricks SF 3,992 4.08 18" HDPE LF 507 4.09 8" PVC Clean Outs for Roof Drains EA 2 4.10 Storm Drain EA 5 4.11 Manholes EA 2 4.12 Grading and Sodding LS 1 4.13 Asphalt Pavement RepairlRestoration LS 1 5.00 Sanitarv Sewer 5.01 8"PVC LS 625 5.02 6"PVC LF 87 5.03 6" PVC Clean Out EA 2 5.04 Man Holes EA 2 S:IEngAdminIProjeets\2005\2005-04910FFIClALlSehedule A. Bid Rev1 091206.xls West Construction, Inc. UNIT PRICE EXTENDED TOTAL PRICE $11,500.00 $11,500.00 $2,494,075.00 $2,494,075.00 $276.00 $552.00 $385.25 $770.50 $517.50 $1,035.00 $287.50 $3,450.00 $241.50 $2,173.50 $166.75 $5,502.75 $1,610.00 $6,440.00 $9.20 $220.80 $9.20 $2,079.20 $86.25 $2,070.00 $230.00 $1,840.00 $10.35 $1,821.60 $11.50 $2,415.00 $74.75 $822.25 $11.50 $69.00 $10.35 $1,428.30 $10.35 $807.30 $0.35 $2,625.00 $60.00 $1,800.00 $34,356.00 $34,356.00 $13.00 $10,855.00 $3,407.00 $3,407.00 $11.50 $60,858.00 $11.50 $63,905.50 $5.00 $29,175.00 $35.00 $9,940.00 $10.00 $39,920.00 $41.00 $20,787.00 $600.00 $1,200.00 $2,875.00 $14,375.00 $2,875.00 $5,750.00 $22,150.00 $22,150.00 $4,025.00 $4,025.00 $64.43 $40,268.75 $62.43 $5,431.41 $290.00 $580.00 $3,220.00 $6,440.00 PIN 2005-049 Ese Administration Facility Page 1 of 2 Attachment "An West Construction, Inc. ITEM NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENDED TOTAL PRICE 6.00 Water 6.01 Water Service with RPZ LS 1 $6,000.00 $6,000.00 6.02 Irrigation Service with RPZ LS 1 $4,000.00 $4,000.00 7.00 As-Built Drawings LS 1 $5,000.00 $5,000.00 8.00 Contin2encv Allowance LS 1 $75,000.00 $75,000.00 9.00 Indemnification LS 1 $10.00 $10.00 TOTAL BASE BID $3,006,930.86 10.00 ICalendar Days to Complete Work (Subst. Completion) 365 D o ADD AL TERNA TE AA-l1 Front Entrance Fountain $46,000.00 N/A Value Em!ineerin2 (Deductions) VE Building Stucco soffit in lieu ofPVC board LS 1 (10,000.00) (10,000.00) Wood Trusses in lieu of Heavy Timbers LS 1 (16,000.00) (16,000.00) Concrete walks, in lieu of concrete pavers LS 1 (10,000.00) (10,000.00) Icynene in lieu of ridged board LS 1 (5,000.00) (5,000.00) Buildin2 Value En2ineered subtotal (41.000.00) Revised Contract Award $2.965.930,861 S:\EngAdminIProjects\2005\2005-04910FFICIAL\Schedule A- Bid Rev1 091206.xls PIN 2005-049 ESO Administration Facility Page 2 of 2 CURRIE · SOWARDS · AGUILA · ARCHITECTS J:'iai'''''''''''' "'--"'-'}"<C'" Robert G. Currie, AlA , 2&Jf' '''I'''''''''''' Jess M. Sowards, AlA :"".,,(,., '-'---'-':"":":'::''':,.<,y-:",::.::"nRP Jose N. Aguila, AlA November 10, 2006 Mr. Richard Hasko Environmental Services Director 434 South Swinton Avenue Delray Beach, Florida 33444 Re: ESD Administration Facility Project No. 050302 Dear Dick: On October 19, 2006, we had a meeting with the City manager to review and discuss the contractor proposed "Value Engineering" items for the above referenced project, The results of that meeting were documented in my letter to you dated October 20, 2006. Following that meeting, I met with the general contractor on October 26, 2006, to review his "assumptions" and insure that we all were clear as to what was agreed to by the City and to make sure that there were no "gaps" left in the work as a consequence of accepting certain items. We provided a spreadsheet to the GC for him to reference in considering his revised proposal (see attached) . On November 3, 2006, we received a fax copy of a letter addressed to Victor Majtenyi (see attached) wherein the GC proposed a reduction in his bid amount of $41,000.00. This figure, based on available information, appears to be reasonable under the circumstances and should be accepted by the City, However, I should note that we still will have the opportunity to reduce costs for the utility work that will be completed directly by the City, modifications to the landscaping materials as recommended by the City Manager, and review of the lighting package all which can be done later on during construction. Based on the above, we recommend that the City award a contract to West Construction Inc., in the amount of $2,965,930.36. Sincerely, CURRIE SOWARDS AGUILA ARCHITECTS ~ Jose N. Aguila, AlA Principal I"ORMER,LY ROBCRTO. CURRU: PARTNERSHIP, INC.' AlA f'LORIDA I"IRM OF THE YEAR 2000 1:54 NOllhe"..ll"ll'st Avenue. Delray Beach, I"lorlda .:1.:1444.561.276..'951. f'ax: 561.24:5.8184' AA0002271 WWW.Cll( (it:: ar c. (:OIJl Agenda Item NO.~ t AGENDA REQUEST DATE: November 13, 2006 Request to be placed on: ----X- Regular Agenda _ Special Agenda _ Workshop Agenda When: November 21, 2006 Description of item (who, what, where, how much): Staff recommends award of contract to West Construction, Inc. in the amount of $2,965,930.86 for the construction of the Environmental Services Administration Facility project, PIN 2005-049. Funding is available from accounts 334-6111-519-63.32 ($500,000.00) and 441-5161-536-62.32 ($ 2,465,930.86) ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to West Construction, Inc. for the construction of the Environmental Services Administrati cility project, PIN 2005 49. Department Head Signature: /-I'f Oh Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives Account No. & Description Account Balance (if applicable) See above See above City Manager Review: ~, Approved for agenda:&''10 F1J-t/1 Hold Until: (/1' ( Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2005-049(A) S:\EngAdmin\Projects\2005\2005-049\OFFICIAL\Agnd req West 11.21.06.doc ~'<, ~.~-............ 0 v/' .... ( o ,to ~ ~~ y '& ~,,,u: City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.myde/raybeach.com TO: David Harden, City Manager Victor Majtenyi, Deputy Director of Public Utilities ~ FROM: SUBJECT: LIFT STATION REHABILITATION PROGRAM; LIFT STATIONS 36, 26A, 26B, 53A, AND 86 (PIN 2007-006) Contract Award to Chaz Equipment Company, Inc, DATE: November 10,2006 Attached is an Agenda Request for City Commission to approve an award a contract to Chaz Equipment Company, Inc. for the Rehabilitation of Lift Stations 36, 26A, 26B, 53A and 86, project No. 2007-006. In the beginning of October 2007, staff solicited quotes for the rehabilitation of five lift stations. At the end of the month, we received only two quotes for this work; one from Chaz Equipment Company, Inc. and the other from Murray Logan Construction, Inc. Chaz Equipment's quote was in the amount of $49,971.00 and Murray Logan's in the amount of $52,000.00 (quotes attached). The scope of work includes by-pass pumping of the stations; furnishing and installing new stainless steel base plates, flanges, and gaskets; installation of break-away fittings and new pump guide rails with associated brackets; and the restoration of the floors. Break-away fittings and guide rails to be purchased by the City (see separate memorandum). Staff recommends City Commission award a contract to Chaz Equipment Company, Inc. in the amount of $49,971.00 for the Rehabilitation of Lift Stations 36, 26A, 26B, 53A and 86 project, PIN 2007-006. Funding is available from account #442-5178-536-68.15, Water and Sewer Renewal and Replacement Fundi Lift Station Rehabilitation. cc: Richard Hasko; Director of ESD Bob Bullard; Utilities Maintenance Manager, ESD Milton Willingham; Utilities Mainlenance Supervisor, ESD Harold Williams; Utilities Maintenance Supervisor, ESD City Clerks Office Agenda File 11/21/06 File 2007-006(A) S:\EngAdmin\Projects\2007\2007-006\OFFICIAL\Agenda Memo Lift Stat Rehab 11.21.06.doc <6,p.:2J ,.. _..._...___._..._.~_.~._..~~._......~.__...__~ - ...__.___n.____n.._.....,._...._.___._ . _n .. ._._......_____._____.___.._.,.__._.. _.'''' __.__.___."'_.. C!~~gc~r!~I'll'f 3180 Fairlane Farms Road, Suite 1 Wellington, Florida 33414 Tel: (561) 333-2109 Fax: (561) 333-2180 SewperCoat Structure Rehabilitation Proposal City of Delray Beach Utilities Mr. Victor Majtenyi - Deputy Director 100 N.W. 1st Ave., Delray Beach, F133444 October 30, 2006 Tel: (561) 243-7306 Fax:(561)2~7344 Please find below our proposal for the rehabilitation of the lift station(s) below with the application of SewperCoat Calcium Aluminate aggregate cement and other associated war!< items and services; This proposal is in accordance with our City of Dstray Beach Annual Contract #2002-37: Lift Station No. 36 - 2700 S. Federal Highway (N.E. Comer - Toyota Dealership) ( No SewperCoat ) (X2) By-pass Set up for an influent sewer: 6" By-pass Pump, 2 days @ $2oofDay: (X2) Reinstall 4" pump base (provided by City) @ $500/ea: Remove old guiderails & replace with new (provided by City) I Total L.S. "36: Lift Station No. 28-A - 1301 S.W. 10th Avenue (Groves Senior Community) ( No SewperCoat ) (X2) By-pass Set up for en influent sewer: 6" By-pass Pump, 2 days @ $2oolDay: (X2) Reinstall 4" pump base (provided by City) @ $500/ea: Remove old guiderails & replace with new (provided by City) I Total L.s. "26-A: Lift Station No. 26-8 - Wallace, North of Linton (N.E. Comer of Ford Dealer) ( No SewperCoat ) (X2) By-pass Set up for 8" influent sewer: 6" By-pass Pump, 2 days @ $2oo/Day: (X2) Reinstall 4" pump base (provided by City) @ $500/ea: Remove old guiderails & replace with new (provided by City) I Total loS, , 26-8: Lift Station No. 53-A - 2905/2915 Congress Ave. (Delray Corp. Center) ( No SewperCoat ) (X2) By-pass Set up for 8" influent sewer: 6" By-pass Pump, 2 days @ $2oolDay: (X2) Reinstall 4" pump base (provided by City) @ $50OIea: Remove old guiderails & replace with new (provided by City) I Total L.S. # 53-A: $4,000.00 $400.00 $1,000.00 $0.00 $5,400.00 I $4,000.00 $400.00 $1,000.00 $0.00 $5,400.00 I $4.000.00 $400.00 $1,000.00 $0.00 $5,400.00 I $4,000.00 $400.00 $1,000.00 $0.00 $5,400.00 I SEW'.DCcMTli1 Page 1 of 2 Lift Station No, 86 - Barwick Rd & Pine Grove Dr. (East side - N.W. Comer of Elm School) Precast Wet Well Dimensions: 8' Diameter x 23' Deep; Sewpercoat 653 sq. fl. @ $18.00/sf: (X 1) By-pass Set up for 8" influent sewer: 6" By-pass Pump, 4 days @ $2001Day: Removal of existing coatings (20%) - 131 sq. fl. @$7/s.f: (X2) Reinstall 4" pump base (provided by City) @ $5oo/es: Replace 4" pipe from top of base 90's, up & over into valve vault & stopping before valves (85% of line item # 18): Remove old guiderails & replace with new (provided by City) I Total L.S. # 86: $11,754.00 $2,000.00 $800.00 $917.00 $1.000.00 $11,900.00 $0.00 $28,371.00 I Included: Surface preparation & profiling (Lift Station #86 only) Existing coating removal (Lift Station #86 only) SewperCoat application (Lift Station #86 only) Comple1e bypasS set-up & maintenance operations Repairs to minor infiltration (Lift station #86 only) Excluded: Pipework, fittinfg & valve replacement (Except as depleted on Lift Station #86) System surcharge removal New pump bases and guide-rall materials - to be furnished by City of Delrey Beach I Proposal Total for (5) lift StatIons: $49,971,00 I Thank you very much, -c;~ -....L Brad Miller Project Manager Page 2 of 2 S1w4CQlrr.&l Oct.20, 2006 IO:49AM No.730B p. 2 . .. MURRAYlQGAN<XJNSTRUGl70N,-ING-- Gfmerll' CoBlrlldors 313 65TH'TRAIL NORTH . WEST PALM. BMCH. FLORIDA H4I.3 , TEUPHONE (561) 686.l948 FAX (561) .fiS6-7465 ~~ EJecelleflce $inc;fl 1968 Ocaober 20. 2006. Ann: Mr.Harold WilliamsIUtility Supervisor City of'~ay Beach ., .434 S.SwiDtOD. A~ Delray Beach,. FJ.33444 ~e; . Rehabilitation Pump .Stations 1# 26A. .26B. 53A, 36. 86 ,Dear Mr. Williams: Per our recent field visit regarding the abov.e reference pwl'lP stations, MinTay Logan CobstNcbOD, Inc. submits the following proposal for.your rev.iew. SmRt . Furnish aod install the following'itanS.stainless steel base plates, mesa.-tlange$, gaskets, bypass pump and concrete floor restoration if required. City ofDeJray Beach furnished items; electrician to ~ and reconnect plQ1lpS, Vao-~ to clean Station,. base clbo~ ad pidc.l8il pipes and guide rail brac\ets as tequired . Lump sum'" $10,400.00 x S station ~ $S2,OOO.60 In closing. ifl ~ be of any further assimance to you, please do not hesitate to call me. q;z:cte. :BruceG.Smitb . Senioc Project Mao8ger 'az: ':-\~" ~~~'~:'~1i1: iJ. ;"c~q,,~ ',. ' - ,', ':'~':" :=-=--=;~.:~..-.-.~--.-c'_~~O_~-:'--_-':"'~'_'_ --'_~-~_'-~'-_'_'~'~~~!,!, .'. ':or- .,'.., , ", _d c: ~.,. :~_'j_[~._".,:'~:~.~j /) '!:;"~" .. , '--;! ,.;;>C',' lJ;'-' <~--1. :-'--;-' ~:\,. f~ ;a t ! '~__.., . ~,~ i:S ta:'; ,./: ': " :gs J \ ..\.:;. ~~~~~- ""';~ "~ ' ; ;CE' (~ (1 I! 10, /~ i . . - -~~'. !==~:';.j;;o.~'{i ' Ie i. i '~ :i t___.__:._~........ ___.._....._~i/' ,/ ..- .// i " I; fI 1 ! -", _yo ._h._...._:=.__~~.~. "..' '-".., ....,. .,!.ci: " ""'.'v _ ;..;I <~~ch ~ />, i :; !~ lID I'" ': ~ I l ~ i. f. i '. ro Q.. ~.;!. :~r~'>l ti, ~'" f.... ~_.__; !. ~~,_,;,~"'.~e..'- . .;:.~:f~~\. .D _ , L*~. ;>1""" i.~.'.".: ! 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Military Trail i;n~ I ~ ~ ! ~ ; I ; ! ~ S '5 A 0: .s E ,g <: i d I a. oj; 'j E I Q a I i ]l l! .. v ~ M .. e i Ii If ~& -i I! '0 .~ iJo. I 3 ! ~ !Ii ;z~"O l!!=i t<(1 ilfo 3f~ q !~J Ii !J 8..... i~Q ~I~ ill sl! Agenda Item No.: <6, P ~ AGENDA REQUEST DATE: November 10, 2006 Request to be placed on: .....2L. Regular Agenda _ Special Agenda _ Workshop Agenda When: November 21,2006 Description of item (who, what, where, how much): Award of contract to the Chaz Equipment Co., Inc., the lowest responsive bidder in the amount of $49,971.00 for Rehabilitation of Lift Stations 36, 26A, 26B, 53A and 86, project No. 2007-006. The scope of work includes by-pass pumping of stations; furnishing and installing new stainless steel base plates, flanges and gaskets; installation of new break-away fittings and new pump guide rails with associated brackets; and the restoration of the floors. Funding for this project will be provided from the account 442-5178-536-68.15, Water and Sewer Renewal and Replacement Fund/ Lift Station Rehabilitation. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to Chaz Equipment Co., Inc. for Rehabilitation of Sanitary Lift Stations, PIN 2007-0~06. Departmenl Head. _ VI - / A /7 II 'f:,::1t -0 b Signature: ----L ~~ ;J 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 ~NQ/(;f Funding alternatives Account No. & Description Account Balance (if apJ?'icable) _-' See above LJ '-I Z ~ <; 175 ~ 5S? be? ~/ ~ See above ,. 90: t../ <(-:;- v LtlI s-k/;~ ~ City Manager Review: 6J. Approved for agenda:~/NO Hold Until: t'11 Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2006-007(A) S:\EngAdmin\Projects\2007\2007-006\OFFICIAL\Agnd req Lift Station Rehab Il.21.06.doc 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: Begona Krane, E.I,T. DATE: 14 November 2006 SUBJECT: Sea Sage Drivel Melaluca Rdl Oleander Rd Infrastructure Improvements Project # 2005-053 Commission Agenda Item This agenda item is for Commission approvallauthorization for the Mayor to execute a contract with Chaz Equipment Co., Inc. for construction of the Sea Sage Drivel Melaluca Rdl Oleander Rd Infrastructure Improvements. Improvements include; water mains, drainage, swales and repaving. Two bids were received for this project Chaz Equipment Co., Inc. was low with a total bid amount of $1,126,755.00. The bid tabulation is attached. Funding is available as follows: Account Sea Sage Drivel Melaluca Rdl Oleander Rd Sea Sage Drivel Melaluca Rdl Oleander Rd TOTAL Account Number 442-5178-536-65.35 448-5461-538-65.35 Contract $375,000.00 $776,000.00 $1,151,000.00 A location map is attached. Please place this on the 21 November 2006 Commission Agenda. Attachments cc: Richard Hasko, P.E., Director of Environmental Services Agenda File, November 21, 2006 Project File, 2005-053 (E) S:\EngAdmin\Projects\2005\2005-053\OFFICIAL\2006 1121 agenda memo. doc g'. p. j "" ... = Q,l a Q,l > Q .. =- ! Q,l .. = ... CJ E ... "" = =~ U = <~ ra:l~ = ~ ~~ ~~ ~ = ~ = ~~ ~o 0:0 ~ = ~.~ U 5 = Q,l - = - Q,l ~ -.. ~ '... .. ~ Q,l be = rI:J = Q,l rI:J - '= ff')S2 ~~ I ~ V)~ = Q,l =... 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(/) :3 <( 0 0 <( IY: I- Z SEASAGE MELALEUCA OLEANDER DRAINAGE IMPROVEMENTS 2005-053 DA TE:2-J-2004 CITY of DELRA Y BEACH ENVIROm.ENTAL SERVICES DEPARTMENT 434 8OI1TH 8WlNroN AYBIE, CB..AAY BEAai, FL.ORDA 33444 1 OF 1 Date: 14 November 2006 AGENDA ITEM NUMBER: ct. P. 3 AGENDA REQUEST Request to be placed on: -X- Consent Agenda _Regular Agenda _ Workshop Agenda _Special Agenda When: 21 November. 2006 Description of Agenda Item (who, what, where, how much): This agenda item is for Commission approval/authorization for the Mayor to execute a contract with Chaz Equipment Co., Inc.. for construction of Sea Sage DriveIMelaluca Rd.l Oleander Rd. Infrastructure Improvements. Chaz Equipment Co., Inc. Funding is available as indicated below. Account Sea Sage Drivel Melaluca Rdl Oleander Rd Sea Sage Drivel Melaluca Rdl Oleander Rd TOTAL Account Number 442-5178-536-65.35 448-5461-538-65.35 Contract $375,000.00 $776,000.00 $1,151,000.00 Staff Recommendation: A roval /I-IS 0& Department Head Signature: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: 9' No Initials: ~ ~~ 1(13-/&)1;7 Account Number See Above Description Sea Sae-e/Melaleuca/Oleander _ -1-92 ,?S-\3.!J- - ~ ~.~S3'/ ~/- 3"15~~': 3'10/.531 See Above .yL/t!-~:> 351'J -st:.:)/~~-7-1-a/ :?i.~..5;fi';J; 791-ft:.~'l '1'ttL:>' Funding Alternatives: (if applicable) Account Balance: City Manager Review: Approved for AgendaB No Initials: Hold Until: P1 Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2005\2005-053\OFFICIAL\2006-11 21agendaitern.doc Gaskins, Lanelda Page 10fl cI< zYH From: Nubin, Chevelle Sent: Tuesday, November 21,200611 :10 AM To: Gaskins, Lanelda Subject: FW: 21 Nov 2006 Agenda Item Correction Lanelda, Please see Randal's email below and follow-up. Thanks. Cfieve{re (j). 1fu6in, CMC City crerlt 100 JV.w. lst;f.venue (j)e{ray (}3eacfi, Pforida 33444 (561) 243-7051 From: Krejcarek, Randal Sent: Monday, November 20,20065:02 PM To: Harden, David; Nubin, Chevelle Cc: Hasko, Richard; Smith, Douglas Subject: 21 Nov 2006 Agenda Item Correction We inadvertently sent up the agenda item for Seasage/Melaluca/Oleander Bid Award in the amount of $1,151,000 when the actual contract award should be $1,126,755.00. What happened was that the account balances, not the contract amounts, were listed under "contract" in the cover memo. The actual chart in the memo and agenda item should read as follows: Account Sea Sage Drivel Melaluca Rdl Oleander Rd Sea Sage Drivel Melaluca Rdl Oleander Rd TOTAL Account Number 442-5178-536-65.35 448-5461-538-65.35 Contract $353,620.00 $773,135.00 $1,126,755.00 Randal L. Krejcarek, P.E. City Engineer City of Delray Beach, FL 434 So Swinton Ave Delray Beach, FL 33444 Phone: 561.243.7322 Fax: 561.243.7314 http://www.MyDelrayBeach.com Traffic Updates: http://www.rn-ydelraybeach.com/Delray/Departments/Environmental+Services/Quick+Links/Proiect+Status.htm 11/21/2006 'fodJdidttJ UtcrAAJJ w '/tJY ~kvn ~. P. 3 ~ '~~'. -........0 ~ <.i~ I I o l ........: J': ~ tJ ~~y~'&1C.~ City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com TO: David Harden, City Manager Victor Majtenyi, Deputy Director of Public Uti1ities~ FROM: SUBJECT: RE-ROOFING LIFT STATION 11 (PIN 2007-005) Commission Agenda Item, Contract Award DATE: NOVEMBER 10, 2006 Attached is an Agenda Request for City Commission to approve an award a contract to Neil O'Neal Jr. Roofing for Re-Roofing Lift Station #11 at the Boy Scout Park, Project No. 2007-005. The mansard roof of the pump station building was damaged by Hurricane Wilma. Shortly after the hurricane season, staff actively sought prices for repairs from area roofers. Ron Bell, Inc. was the only respondent with a quote of $12,250, to replace with existing cement'S' tile; a purchase order was issued in July 2006. Concurrently, the construction of the Mike Machek Boy Scout Park project was underway. The new restroom building for the park was designed to receive a standing seam metal roof. Staff received direction to have the lift station roof match the new restroom building. Ron Bell, Inc. does not install metal roofs, therefore, West Construction, the contractor for the park, was asked to submit a quote for re- roofing the pump building; their quote was in excess of $52,000 for the metal roof. With the busy construction market, staff has been unsuccessful until now in obtaining quotes for this work. Recently, the City received a quote for this work from Neil O'Neal Jr (dated October 23, 2006) in the amount of $29,050.00 and one from Gulfstream Roofmg (dated November 6,2006) in the amount of $30,813.00. A copy of the quotes is attached for your review. The formal competitive bid process was waived as permissible per "Resolution H- Hurricane Wilma, Section 7". Staff recommends City Commission award a contract to Neil O'Neal Jr in the amount of $29,050.00 for Re-Roofing Lift Station #11 Building, project PIN 2007-005. Funding is available from account 551-1575-591-45.50, Insurance Fund/Property Claims. cc: Richard Hasko; Direclor of ESD Bob Bullard; Utililies Maintenance Manager, ESD Milton Willingham; Utilities Maintenance SupeIVisor, ESD Rafael Ballestero, Dep. Dir. of Construction City Clerks Office Agenda File 11/21/06 File 2007-005(A) S:\EngAdmin\Projects\2007\2007-005\OFFIClAL\Agda Memo O'Neil Roof 11.21.07.doc '6. p. ~ NEIL O'NEAL JR 481 AVOCADO AVE WEST PALM BEACH, FL 33413 PHONE: 561-656-4945/FAX: 561-656~4908 U-19278 October 23. 2006 PROPOSAL SUBMITTED TO: WORI( TO BE PERFORMED: City of De/ray Pump Station Bob Diaz 413 Lake Ide Road #561-573-6524 Delra)' Beach, FL 33444 WE PROPose TO FURNISH MATERIALS & PERFORM THE lABOR NE'CSSSARY FOR RE.ROOF: PUI1f/) House Only: Mansard: Remove existing roof and cart away trash. Renail existing plywood to PB Cty wind uplift codes. Install 30# felt over entire roof. Install one layer of 15# felt wet slip sheet. Install new Standing Seam metal over entire roof. Standing Seam trim flashing to be constructed of galvalume with mill finish. All work to meet PB Cty codes. Flat only: Remove existing roof to workable surface. Prime concrete deck. Install Perlite insulation over entire roof. Mop on with hot asphalt 2 layer of fiberglass felt. Mop on with hot asphalt 1 layer of SBS White Ruberoid. Install modified bitumen around parapet wall. Price inr:Judn 1 sheet of plywood and 10' of feSCi8lxMrrL Any add160nal wood will be done on a time and maIerlaJ basis. ALL MATERIALS IS GUARANTEED TO BE AS SPECIFIED AND THE ABOVE WORK TO SE PERFORMED IN ACCORDANCE WITH lHE SPECIFICATIONS STATED IN A SUBSTANiIAL. WORKMANLIKE MANNER FOR THE SUM OF: Twenty-nine thousand fifty dollars 001100 $29,050.00 Payments to be as follows: 50% on commencement, 50% on completion (Late Fees will apply) UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAV RESULT IN A LIEN AGAINST AGAINST YOUR PROPERTY,OWNER OF SAID PROPERTY WILL BE RESPONStBLE FOR All COSTS INCURRED BY Nal. ONEAL JR IN CONNECTION WITH 11-115 CONTRACT. O'NEAL JR. ROORNG /S LICENSED AND INSURED. O'NEAl. JR. ROOFING GUARANTE1!S ALL WORK FOR FIVE YEARS. EXCLUDING DAMAGE CAUSED BY HURRICANES, TORNADOES AND OTHER NATURAL DISASTERS. O'NEAL. JR. ROOFING WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO GurrERS, ANYREMOVAL ORINSTALLATlONOFSATELUTES. SOLARPANELS, ETC. O'NEAL JR. ROORNG WILL~fI Pt;R1JlTJf;~NDIIf$PECTJONS' Respectfully: ~ZJ . A ./".-. THE ABOVE SPECIFICATION AN OITlONS ARE SA SFAbfoRV AND ARE HERE8Y ACCEPTED. O'NEAL JR. ROOFING IS AUTHORIZED TO 00 WORK SPECIFIED AND PAYIdEfIITS WILL BE MADE AS OUTLINED. Date: Signature: Note- This proposal may be withdrawn by us if not accepted within 30 days. ~'d B ~O: ~O 90 9G 100 Page 1 I -I - -- --lfnijijjjr- DELRAY: (S61) 276-9500 8ROWARD: (954) 421-7551 PALM BEACH: (561) 734-6117 FAX: (561) 243-0077 .OOFlIIGIlI 140 NW, 18 AVE. . DElRAY BEACH. FL 33444 ST. tCCC 011249 PIIOfIOllAL S~MITTED TO 06 CITY, STJI,TE Jl,ND liP CODE MIKE MACKEH BOY SCOUT PARK Joe LOCATION 413 LAKE IDA ROAD DELRAY BEACH FL, 33444 AIICHITECT ROOF PITCH ....~. 9825 We hereby submit specificahons and estimates for: n slope roof: Remove existing roof to sheating or smooth workable surface and haul away. Renail deck to current code. Supply and install one layer of ASTM 30* felt tin capped to wood deck. Supply and install 26 gauge galvalume extended eave drip around perimeter of roof edge. Supply and install new lead flashing. Supply and install 26 gauge galvalume valley metal. Supply and install one layer of peel-n-stick to 30# felt. Supply and install metal as listed below. Owner must provide access to job site. Clean and remove all debris from job site. Manuf: Semco Type: Standing Seam 24 gauge galvalume On flat roof: Remove existing roof to sheeting or smooth workable surface and haul away. Prime concrete deck with asphalt primer. Strip in double tee roof with modified bitumen strips. Supply and install 1/4" per foot perl iter tapered insulation to deck set in hot asphalt. Supply and install one layer of Tamko versaflex modified set in hot asphalt. Supply and install SSS built-up flashing around perimeter of parapet wall. install_ termnation bar around parapet wall. Supply and install one layer of Tamko awaflex modified bitumen set in hot asphalt. Draw schedule: 50% on job start-20% on roof mop 15% on slope material delivery- balance on completion. See page 2 .f 'ropos, hereby to furnish material and labor - complete in accordance with Ibove specifications, for the sum of: Payment to-be mede.. follows: SLOPE AND FLAT dollar. ($ ONE STORY ,...-....IIOU.......llIl111.~AlI..lDlIII~ln.WlIIlunIInIIke_~ llIl1l81ldMl prw:IIcIIII. Nl'I...r.-an at dIwI*ft from __lPIIGf1'o. ~ .11WllMng an... wIIl111 mICUIeCl only ypon _ DIlIlIIS, .... wIIl111DDme l1li __.. __ ~ Ihe ....... AI IIO__DDIlliIlgenl ullDfl.........lIllDIclIIIMar..,.~_DDllInII. OwllIrIDDllll'YIN,ID/IIIdD IIIIdlllller~I....._.Our""""luIly_recl~WClltlmlln'l~'- GAl nDl ~ IDt ~ In lllIftlClOMNI a clD-.llDI ~ InCIUlInCl u-. dllc:ldng,lII-'~. Autltorind Si.nature Jim Norton Note: TIIlI propoul mill' be withclFIWII tI)' us if nat ICctpIed wItItIn 10 dap, Arttptautf of prlql.8a1- The IboYt pncu, speei'iCltionl and conditionl ere satilfldory Ind a... hereby KCepted. You 11'11 IUlhorlud SllNture to cfO tile lIWOrIIlI splClfitd. Plyment will be midi .. outlined 1IIcM, READ REVERSE SlOE BEfORE SIGNING Dtte of AccetItance: Silflllutt Page 2 ll~-'... DELRAY: (561) 276-9500 8ROWARD: (954) 421-7551 PALM BEACH: (561) 734-6117 FAX: (561) 243-0077 ST.ICCC 011249 R..F..a,. 140 N.W. 18 AVE. . DElRAY BEACH. FL 33444 P"OPOSAL SUJlMITTEO TO MIKE MACKEH BOY SCOUT PARK JOII LOCATION 413 LAKE IDA ROAD 434 NT CITY. ST,\T[ ANO liP COOl DELRAY BEACH FL, 33444 AllOflTECT ROOF PITCH ....OPOULtt 9825 We hereby submit specificatIons Ind estImates tor: Page 2 Draw must be paid before next stage of work commences. Gulfstrearn Roofing Inc. warranty roof for a period of five years against leaks. Proposal subject to approval of terms and adjustments to reflect market cost of material and labor at time of job start. Price subject to change due to increase in material, code changes or insurance Only items mention above included in proposal. Rotted wood replacement if required will be calulated at four times the cost of material. Supply and install 24 gauge galvanized coping around perimeter of parapet wall. Color: Standard GAF 40 year shingle/Tamko 1343M-------------------$23,262.00 SEMCO standing seam/Tamko 1343M-------------------$30,813.00 ., 'rDllU., hereby to furnish material and labor - complete in accordance with ...". specifications. for the sum of: doll.rs ($ Plyment to be m.oe II follo"'I: SLOPE AND FLAT ONE STORY AII_MIleg-.nleed1O .......... AII...to"CIIlIIIIIel*lIIl.~-.-d1lll to .....,..., ptadloN. My""'" or \llWtIIIlDIl frDm ... ..........IIWlllvlIlll_ - wII be axacutacl ollly upon _n 0..... Md wII ~ an _ oIIIIDa over Md 1IIloIM."......... AI 1III_,.conllngantuplllllrllcaa. 8COiclIIIII or"baV'DNlourCllllWl. OwnartoCllllY ....lIIrMdo Md CIlIlIf ~ 1Il8u_. Cur..... _fUII)'OD*'Cl~WClIIullan" CompeIINIIan I-. ORIIlOl rNllO/lllllM foI daIacIlaII___. III compoI_ . dIIaa IllIIlllIIIIlnIGt,lncIudIng ~ ng, II-.~. Authorlnd Si....ute Jim Norton Note: nus pnlpClIal may be withdrawn by us jf not ICCIPhd within 10 UY'. AttfJdant, .of Jrop...a1- n. above prlc:as, lpeclflQtions and conditlonl .... satilfactory .nd Ire "'rey sccepIId. You.re .utllorizld Silllltut't to do 1M ~ .1 lpecllld. Payment will be mlClt II outlintd ..... READ REVERSE SIDE BEFORE SIGNING SilftltUrt AGENDA REQUEST Agenda Ilam NO.C(. p. + DATE: November 10, 2006 Request to be placed on: .....x... Regular Agenda _ Special Agenda _ Workshop Agenda When: November 21, 2006 Description of item (who, what, where, how much): Award of contract to the lowest responsive bidder, Neil O'Neal Jr. Roofing, in the amount of $29,050.00 for Re-roofing Lift Station #11 (Boy Scout Park) with a standing seam metal roof, to match the park's restroom building. , Funding for this project will be provided from the account 551-1575-59):-45.50, Insurance Fund/Property Claims. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to Neil O'Neal Jr. Roofing for Re-roofing the building of Lift Station #11,P/N2007-005.(kp ~ Department Head . Signature: ' I 1-/3-0 ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available E:J/NO(;tt: Funding alternativ~ Account No. & Description Account Balance (if aQPlicable) See above c; '5: I -/5 I ~ - t;;9 /, Llt;<;b See above (/ /l),pLllu. v (lj~fn 5 City Manager Review: t1 Approved for agenda: ~NO , Hold Until: [7- . Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2007-005(A) S:\EngAdrnin\Projects\2007\2007-005\OFFICIAL\Agnd req O'Neil Roof 11.21.06.doc Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 DELRAY BEACH f LOR I D ^ ...... AII.America City , III I! Joseph L. Schroeder Chief of Police 2004 1993 2001 MEMORANDUM TO: FROM: David Harden City Manager Tina L. Lunsford d/./ Administrative Officer DATE: November 8, 2006 SUBJECT: AGENDA REQUEST Attached is an Agenda Request for the City Commission meeting on November 21, 2006, to approve the purchase of a Lektriever 2000 Vertical Carousel Records Storage System. The records storage system will be used to store our personnel files at the Police Department. Currently, we have run out of room to store additional files and records are being stored in cardboard boxes. This system brings all files to a standing or sitting workstation and takes advantage of vertical ceiling height. The Lektriever 2000 system is in compliance with the ADA. We currently have 1,458 LFI of files, including cardboard boxes. The new system will reduce that number to approximately 930 LFI and will provide a total of 2,058 LFI of storage. Lt. Brassard, Fire Inspector, checked the room and gave his approval for the placement of the unit with relocation of one fire sprinkler head. Chief Schroeder approved the purchase using the Federal Forfeiture Funds. The unit is on GSA Contract #GS-25F-0048M through the vendor PFS Office Organization Solutions. The total purchase price delivered and installed is $23,720.71. Funding will be provided out of account #115-2112-521-64.90. Should you require further information, please contact me at ext. 7852. TLUrmh Attachment cc: Chief J.L. Schroeder Lanelda Gaskins, Agenda Coordinator Patsy Nadal, Sr. Buyer Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence ~ . p .~ ~PFS oRiceorganizotion solutions 10564 Sentinel Drive, San Antonio, Texas 78217 (210) 494-4914 - Fax: (210) 494-5789 Quote To: Delroy Beach Police Department Tina L Lunsford Delroy Beach, FL - Florida Qty Part Number LEI<130 LI<-13011-16 CR-LRLO-130 TR-L T PB-FSTD13o-XX DR-MVSTD-130 Order Adclress: Karelex Systems. Inc. c/o Professional Aling Systems. Inc. PO Box m Marietta. OH 45750 Ship To: Delroy Beach Police Department Tina L Lunsford Delroy Beach, FL - Florida Description Custom Configured LeRtriever 130 Lebtriever 2000, 130 Series base unit, 9' High nIt Pitch (Holds 16 carriers) (16) LEI< 130 Letter Tray Carrier (holds 9 Trays) (144) Letter Tray LEI< 130 Fixed Standing Posting Board Lebtriever 130 Door for Fixed Standing or Movable Posting Board List Price 42.3% OSA Discount Installation CSA Quote Quote # PFSQ4712 Date 11/08/06 Sales Rep. Ron Cox Unit Price $34,178.00 Ext. Price $34,178.00 $4,000.00 $34,178.00 -$14,457.29 $4,000.00 CSA Contract Pricing - Delivered & Installed POC: Ron Cox Voice: 210-494-4914 Fax: 210-494-5789 E-Mail: roncox@fjlingsystems.com $23,720.71 Contract Information Contract Holder: Kardex Systems. Inc. Contract #: G5-2SF-0048M Dunns #: 09-332-0232 PFS ALSO PROVIDES1HESE PRODUCTS AND MORE ON GSA CONTRACTS: MOBILE SHELVING; FILE SHELVING; LIBRARY SHELVING; MAIL ROOM FURNllURE; FORMS STORAGE; SHREDDERS; ARE PROOF FILE CABINETS; AND MORE. WE WILL PERFORM 'NO OBLlGA nON' EVALUA liONS AND PROVIDE GSA PRICE QUOTES ON ALL PRODUCTS. . . - Page 1 of2 Lunsford, Tina From: Brassard, David Sent: Monday, November 06,20063:51 PM To: Lunsford, Tina Subject: RE: Vertical Carousel Filing System Hi Tina, after reviewing the upstairs filing room at PD and discussing the size and location of the carousel filing system, the only correction needed for the sprinkler system is the relocation of one head. The sprinkler head that we discussed needs to be moved is required by code to be a minimum of 4" away from the front of the carousel. If you have any further questions do not hesitate to call. David Brassard Lieutenant Delray Beach Fire-Rescue 501 West Atlantic Avenue Delray Beach, FI 33444 From: Lunsford, Tina Sent: Thursday, November 02, 2006 11:51 AM To: Brassard, David Cc: Strianese, Anthony; Hart, Regina SUbject: Vertical Carousel Filing System Good Morning Lt. Brassard; I just left you phone message regarding this filing system. The Police Department wants to purchase a Vertical Carousel Filing System for 1 st floor and 2nd floor Records areas. I need the Fire Department to check the rooms and verify that the system will not interfere with the fire sprinkler systems. The dimensions are as follows: The overall size of the unit will be 1 07 ~ '''' High X 102" Wide X 59 %" Deep. Please let me know when someone can come over and check the areas. If I am unavailable please contact Regina Hart at 6227. I prompt response will greatly be appreciated. 11/8/2006 Date: November 10.2006 AGENDA ITEM NUMBER: AGENDA REQUEST ~.P,5 Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: NoveDlber21,2006 Description of agenda iteDl (who, what, where, how Dluch): The Police Department wants to purchase a Vertical Carousel Records Storage System for storage of Police personnel records. The new system will provide 2,058 LFI of storage, doubling what is currently in place. The system brings all files to a standing or sitting workstation and takes advantage of vertical ceiling height and is also in compliance with the ADA. PFS Office Organization Solutions is the selected vendor as they hold the GSA Contract #GS- 25F-0048M on the units at a cost of $23,720.71. Funding will be provided out of the 115-2112- 521-64.90 account. DepartDlent Head Signature: City Attorney Review /RecoDlDlendation (if ap Budget Director Review (required on all itetns involving expenditure of funds): Funding Available: e;t Inilials: tJ;f Account Number 115-2112-521-64.90 Description Other Mach./Equipment Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: & No Initials: Hold Until: ~ Agenda Coordinator Review: Received: bfB~ MEMORANDUM TO: David Harden, City Manager Jacklyn Rooney, Purchasing Manager ~ Joseph Saffor~ance Director FROM: THROUGH: DATE: November 16, 2006 SUBJECT: DOCUMENT A TION - CTIY COMMISSION MEETING NOVEMBER 21, 2006 - PURCHASE AWARD PURCHASE OF JOHN DEERE LIGHTWEIGHT FAIR WAY MOWER FOR THE GOLF COURSE FROM SHOWTURF VIA ORANGE COUNTY SCHOOL CONTRACT Item Before Commission: City Commission is requested to approve award to Show Turf for the purchase of one (1) John Deere Lightweight Fairway Mower model #3235C via the Orange County School Contract #02- 03-11 VH for the total amount of $42,469. This total reflects a 20% discount from the manufactures retail price. Background: The Delray Beach Municipal Golf Course is in need of another mower for fairways at the courses as two of the current three mowers being used at the Golf Course are 10 and 9 years old, and have had an engine failure on the ten year old mover, See attached memo dated October 23, 2006 from the Golf Course. This John Deere Lightweight Fairway Mower model #3235C is available from Show Turf via the Orange County School Contract #02-03-11 VH which reflects a 20% discount. See attached Quotation and letter from Show Turf dated October 12 and November 15,2006. Recommendation: Purchasing staff recommends award to Show Turf for the purchase of one (1) John Deere Lightweight Fairway Mower model #3235C via the Orange County School Contract #02-03- IIVH for the total amount of $42,469. Funding from account code 445-4761-572-64.90. Attachments Request Form / Memo From Golf Course Letter & Quote From ShowTurf Orange County School Board Contract Discounts cg.p.& Nov 15 06 02:32p Michael McMahon 941 751 0949 p, 1 --...... ShOwTurf "".J "_ 2020 Seabird Way Rjvfera Beach, FL. 33404 Toll Free: 888-746-8873 Fax: 561-842-5588 November 15, 2006 To Whom It May Concern: Please find included copies of our quotation for John Deere Fairway Mower 3235C. 'This quotation was supplied to Mr. Tom Arendt, Superintendent of Delray Beach Municipal Golf Course, at his request. Also included is a copy of the Florida Orange County School Contracts bid sheet for the pwpose of offering automatic discounts to our qualifYing customers, i.e., government agencies, municipalities, ect. As a certified John Deere distributor, we are pleased to offer these discounts to you. Please call the phone number at the bottom of the Ornnge County Schools contract for infonnation concerning your pmchase order. If you should have any additional questions, please don't hesitate to contact me. We appreciate your business. Sincerely, /!Oth-C J. fir; :v",,,,J Michael J. McMahon Tenitol)' Manager Showturt: Inc. Mobile: 561 722 6113 Email: mikerl.b.showlurf.com Nov 15 06 02:33p Michael McMahon 941 751 0949 p,2 Quotation Sh'owTurt= 2020 Seabird Way RMera Beach. FL. 33404 Toll Free: 888-746-8873 Fax: 561-842,5588 j Date: ] . 12-Oct-06 Sold To: City of Delray Beach RE:Delray Munfciple Golf Course Ship To: Salesman Mike McMahon Attn:Jackie Roontty ~ Purchasing Manager Ph:561 243 7163 Fax:561 243 7166 QTY Model Description Unit Price Extended 1 3235C Lfghtweight Fairway foJower Turf System II 53,087.00 $53,087.00 1 4001 4WD Traction Unit Inc Inc 1 5001 Motors for ESP Cutting Units Inc Inc 1 1040 Set (5) ESP Cutting Units loc Inc 1 2055 Set (5) Spiral Grooved Rollers Inc Inc 1 4200 Trac Top Canopy System Inc Inc 1 9200 Fairway fohJwer 6: Service Kit Inc Inc Florida Orange County School Contract # 02-03-11 VH Qpotrt good for 30 dQYS Shfp Via: ShowTurf Terms it Net 30 *Terms are C.O,D without prior credit approval Sub Total: PRICES DID NOT INCLUDE APPUCABLE SALES TAX Discount: $53,087.00 $10,617.40 $42,469.60 Net Total: C:\Documents and Settings\mlke mcmahon\My Documents\DelrayBch323SQuoteNov06 Nov 15 06 02:33p Michael McMahon 941 751 0949 jCl.4 FLORIDA Orange County Schools Contract Number: Contract Period: Eligibility: 02-03-11VH July 30,2002 - July 27,2007 This is a cooperative purchase contract. State law allows any government agency and any accredited school in the state to buy off of this contract. Item Discount Price Page Category off No. MSRP Date 23 Hand Held Equipment 10% 01Mar05 24 Hand Held Repair Parts 0% NA 25 Lawn & Garden Equipment 24% 01 Mar05 (this contract includes the X Series Tractors) 24Mar06 26 Lawn & Garden Repair Parts 0% NA 27 Commercial Walk-Behind Mowers (36" - 60" cutting decks) 25% 01Mar05 28 Commercial Walk-Behind Mowers (36" - 60" decks) Repair Parts 0% NA 29 Commercial Front Mount Mowers (60" and up) 26% 01 Mar05 Wide Area Mower 30 Commercial Front Mowers (60" and up) Repair Parts 0% NA 31 Zero Turn Radius Mowers (54" - 60" cut) 25% 01 Mar05 (this contract does not include the 997) 32 Zero Turn Radius Mowers (54" - 60") Repair Parts 0% NA 33 Golf & Turf Equipment 20% 01 Mar05 34 Golf & Turf Repair Parts 0% NA 35 Off-Road Utility Maintenance Vehicle 26% 01 Mar05 (this contract does not include the TX Gator) 36 Off-Road Util~ Maintenance Vehicle Repair Parts 0% NA Compact Utility Tractors & Equipment 37 (this contract does not include the 4720) 25% 01Mar05 (this contract does not include the 3720) Jthis contract include the 2520J 24Mar06 38 Compact Utility Tractors & Repair Parts (16 - 40 PTO HP) 0% NA 39 Utility Tractors & Equipment (40 - 95 PTO HP) 28% 01Mar05 40 Utility Tractors & Repair Parts (40 - 95 PTO HP) 0% NA - *** The L 100's, G110, 110 TLB, Advantage Compact Utility Tractors, Compact Utility Vehicles and High-Performance Utility Vehicles are not included on this contract. *** If you have questions concerning this contract please call: 1-800-358-5010, option 1 Last Update: 25July06 AGENDA ITEM NUMBER: ~ AGENDA REQUEST Request to be placed on: November 21,2006 Date: November 16,2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval of award to ShowTurf for the purchase of one (1) John Deere Lightweight Fairway Mower via the Orange County School Board Contract #02-03-11VH for the total amount of $42,469 for the Delray Beach Municipal Golf Course. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award to Show Turf for the purchase of one (1) John Deere Lightweight Fairway Mower via the Orange County School Board Contract #02-03-11VH. Funding from account code 445-4761-572-64.90 Department Head Signature: ~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ ..::::r-...s No Funding alternatives: (if applicable) LIt( ~ .. tl7 b I --- t;, 72 . /P Y -9 u ~ l1t1dU4 I ~UI'P $'s-~ {Job , Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Yes ~~ 1,/rIP No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved ~tI"'" MEMORANDUM TO: David Harden, City Manger Jacklyn Rooney, Purchasing Manage~' ~ 'U- Joseph Safford'j-mance Director FROM: THROUGH: DATE: November 16, 2006 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 16, 2007 - CONTRACT AWARD - PUCHASE OF BULK QUICKLIME FROM CHEMICAL LIME COMPANY VIA THE CITY OF BOYNTON BEACH CO-OP BID #064-2821-06/JA Item Before Commission: City Commission is requested to approve the award for the purchase of bulk quicklime from Chemical Lime Company via the City of Boynton Beach Co-op Bid #064-2821-06/JA at an estimated annual cost of $673,000. Background: The City of Boynton Beach is the lead agency for this cooperative bid. Bids were received on September 06, 2006 from three (3) vendors based on estimated annual quantities of the participating governmental entities of this co-op bid. (Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. The City of Boynton Beach awarded this Co-op Bid to Chemical Lime Company at their City Commission meeting of October 03, 2006. See attached award letter dated October 04, 2006 to Chemical Lime. The Manager of the Water Treatment Plant agrees with the recommended award to Chemical Lime Company as stated on attached memo dated November 02, 2006. Recommendation: Staff recommends award to Chemical Lime Company for the purchase of bulk quicklime at an estimated annual cost of $673,000. Funding from account code 441-5122-536-52.21 (fiscal year 2006-2007). Attachments: Tabulation of Bids A ward Letter City of Boynton Beach Memo Manager Water Treatment Plant 'b,P 7 <.,;~~~.- OA' I i 0: ~ .:t ~ ~ ~~~-& ~ \>: City Of Delray Beach Department of Environmental Services M E M 0 RAN D u M www.delrayesd.com To: Jackie Rooney, Purchasing Manager John M. Bullard, Manager W.T.P. ~ Victor Majtenyi Dep. Director PU Prom: Copy: Subject: Co-op Bulk Quicklime Bid # 064-2821-06/JA Date: November 2, 2006 I am recommending awarding Co-op Bulk Quicklime Bid # 064-2821-06/JA to Chemical Lime Company. They are the lowest bidder and have provided us with reliable service over the years. The estimated annual usage for Quicklime is 3,837 tons at a unit price of$175.41 per ton which rounds offto $673.000.00 per year. jrnb/gpi The ('"Jtl} 0/ BogDtOD Beach PROOUREMENT SERVIOES 100 E. BOYNTON BEAOH BOULEVARD P.O. BOX 310 BOYNTON BEAOH, FLORIDA 33425-0310 TELEPHONE NO: (581.) 742-8322 FAX: (581) 742-8318 \c >1,,1 October 04,2006 ChemiCal Lime Company of Alabama, Inc. 4720 Cleveland Heights Blvd. Ste 203 Lakeland, FI 33813 Attn: John Thompson '7- RE: "BID: ANNUAL CO-OP BULK QUICKLIME" BID#: 064-2821-06/JA CONTRACT PERIOD: OCTOBER 03, 2006 TO OCTOBER 02, 2007 Dear Mr. Thompson: At the City Commission meeting of October 3, 2006, the Bid for "ANNUAL CO-OP BULK QUICKLIME" was awarded to your company. As stipulated within the Bid specifications, your company's original certificate of insurance is to be provided to our Risk Management Department at your earliest convenience, naming the City as additionally insured. We would like to thank you for responding to thi~Bid and look forward to working with you. A tabulation sheet is enclosed for your review. Purchase Orders will be issued on an "As Needed Basis" after all requirements have been met. Ifyo:u have any questions regarding this Bid, please call Janet Allen, Buyer, at (561) 742-6322, ~~n/. Bobby Jenkiiis '\.....-/r~ Assistant Director of Financial Services Ija Enclosure: Tabulation Sheet cc: Melvin Pinkney - Chief Operator EWTP City of Delray Beach City of Lake Worth City of Riviera Beach City ofWesl Palm Beach So. Central Regional WWTP Village of Wellington Central File File AMERIOA'S GATEWA Y TO THE GULFSTREAM AGENDA ITEM NUMBER: ~'7 AGENDA REQUEST Request to be placed on: November 21,2006 Date: November 16,2006 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval for award to Chemical Lime Company for the purchase of bulk quicklime at an estimated annual cost of $673,000 via the City of Boynton Beach Co-op Bid #064-2821-06/JA. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Renewal of annual contract with Chemical Lime Company for the purchase of bulk quicklime at an estimated annual cost of $673,000 via the City of Boynton Beach Co-op Bid #064-2821-06/JA. Funding from account code 441-5122-536-~21 for FY 2006 - 2007. Department Head Signature: ::). ~,~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes V S..s No Funding alternatives: (if applicable) Account Number: 44/ - 5 I 2- Z -5'3' I:>.. f: 2 -2( Account Description: (lito vl/L..( (J .$- ~q 33 333 I , Account Balance: Approved for agenda: Yes d~ A ~ II//I~ ~ No City Manager Review: Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved TO: FROM: CC: DATE: RE: Bob Barcinski ~ Sharon Painter iuWv ~a.I~1:tV Cynthia M. Doll, Tomas Ollestad November 13, 2006 Delray Beach Tennis Center Seat Kills Attached are the bids to replace the seat kills which were damaged by Hurricane Wilma. Two of the seat kills were blown away and one was damaged beyond repair. Please let me know the procedure you wish me to follow to order these seat kills. It is our goal to get them replaced before the ITC Championship in February 2007, Thanks for your assistance with this project. Please call me with any questions. REC EIIIED NOV . 1, 2006 RISI( MAN" ~ AGEMENT 'D . p. Cb 111~912""61'2: "8 I 5612437362 DBTC PAGE 02 DELRAY BEACH TENNIS CENTER PURCHASE ORDER REQUEST FORM RTMENT: - I t!"'''' i$ - M ",,'..1.: Vla", ((' BLANKET PO OR REQ # VENDO CONTA r VENDOR CONT AC+: I VENDOR:I CONT AC{ I "PLACE OROE~ WITH VENOOR WHOSE QUOTE IS THE LOWEST I APPROVEb BY: I . TOMASOl~ESTA;.! ~ SHARON PAI~ER ADD PHO QTY. ACCOU~T #: ! XISlwillylpurreQ L l-l - () , FED 10 '# (IF NEW VENDOR) l-l 00 V f r C~ "'1vu,.,r CONTACT' 0~l/trQ tgl(l{ WvJ <rlt.., AvR.. ~T '-"'....;,.cI..,le{ ~'- . rJ 1/ . (crSLt) 7-,y.-(7({ FAX # -- PRODUCT "~"'"f f U/{t J AMOUNT TOTAL .~ YSCf ~ TOTAL 001.4210-.575. Y(,IO (Last four digits must be filled in) S1000.00.$?999.99 - lhree quotes required (verbal, eleclronic, or written) $3000.00-S5999.99. Ihrec quoles required (wrjt~en only) $5000.00-$14999,99 - three quoles required (wrill/!n Oi"lly) with jUSt/liCillior. as 10 why needc.:J ') haVV1r;,f rlJ.A.JI/1''.4y~ PRICE: .$ '2 t.r 100 L"""'f &(.'1/ PHONE# (~oS'){,'f'(~'r'(1 C::=.-ro(( 1"1</0-""1> PRICE.l1i 2.1' 'i ~ M~k<. C<> ~r" I{ - PHONE # I/Soa '(ff _". I? PRICE PHONE # (must sign air requests) (must ~rgn aH requests OVer $500) AGENDA ITEM NUMBER: <g. p. ~ AGENDA REQUEST Request to be placed on: November 21,2006 Date: November 16,2006 -L Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Purchase of three (3) seat kills (section CC, DO & FF) on west side of tennis stadium which were damaged by Hurricane Wilma. Need them replaced before upcoming ITC event in February 2007. Hoover Canvas will replace in the amount of $22,454.00. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO x Recommendation: Funding from account code: 551-1575-59 1-45.50 .-Il Department Head Signature: ~A-&-.I ~. rt Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Q .J'ff No Funding alternatives: (if applicable) Accounl Number: ~575-591-45.50 Accounl DeSCriPtiO: - fU~ ~ ~m s.--- Account Balance: City Manager Review: Approved for agenda: Yes ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved ~/h~ MEMORANDUM TO: David Harden, City Manager Jacklyn Rooney, Purchasing Manager ~ .:. -1-'-' -n Joseph SafforCl';-'Fiiiance Director v FROM: THROUGH: DATE: November 16, 2006 SUBJECT: DOCUMENT A TION - CITY COMMISSION MEETING NOVEMBER 21, 2006 - BID AWARD - BID #2006-40 LANDSCAPE MAINTENANCE - HOMEWOOD BLVD., LINTON BLVD, AND THREE (3) MEDIANS ON MILITARY TRAIL - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve the bid award to Gator Landscaping Inc. for landscape maintenance of Homewood Blvd., Linton Blvd., and three (3) medians on Military Trail for an estimated annual cost of $33,834.00. Background: Bids were received on October 12, 2006 from six (6) contractors all in accordance with City purchasing policies and procedures. (Bid #2006-40. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Parks and Recreation and the Parks Superintendent recommend award to the low bidder, Gator Landscaping Inc. Gator Landscaping Inc, is our current contractor for the City for these areas, does a satisfactory job and has the necessary equipment and experience to perform this work. The City is satisfied with their work. Recommendation: Staff recommends award to low bidder, Gator Landscaping Inc. for the landscape maintenance of Homewood Blvd., Linton Blvd., and three (3) areas on Military Trail at an estimated annual cost of$33,834. Funding from account code #119-4144-572-46.40. Attachments: Tabulation of Bids Memo from Director of Parks and Recreation tg. p. q [ITY DF DELRAY BER[H DELRAY BEACH tI.ftd All-America City , III I! 100 N.W 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 1993 2001 MEMORANDUM TO: Jackie Rooney Purchasing Supervisor FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid #2006-40 - Linton Boulevard, Homewood Boulevard and 3 Medians on Military Trail DATE: November 9, 2006 I recommend Landscaping. Bid #2006-40 be awarded to the lowest They currently maintain these areas. bidder, Gator Please place this on the November 21, 2006 agenda for City Commission. The amount is $33,834; this will be funded out of account #119-4144-572- 46.40. Parks and Recreation cc: David Harden, City Manager Tim Simmons, Parks Superintendent Attachment Ref:jrbidrec @ Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS [IT' DF DELIA' IEA[H DElRAY BEACH f L 0 . I D A t&e:d All-America City , III I! 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407(243-7000 1993 TO: Joe Weldon, Director of Parks and Recreation .FRO* Tim Simmons, Park Maintenance Superintendent DATE: 11/07/06 SUBJECT: LANDSCAPE MAINTENANCE BID # 2006-40 After reviewing the bid proposal for the landscape maintenance of Linton Blvd. Homewood Blvd. and [3] medians on Military TraiL I would like to recommend that this bid be awarded to the lowest bidder Gator Landscaping. They currently have these contract areas. I have had concerns about the quality of service they have performed lately and had a meeting with the owner. At the meeting the owner has assured me that the maintenance will improve. @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS d t:: ~ -.l 0\ V. ~ ~ to.> ~ -51 ~ :a: 0 t'"" ~J f ~ ~ i ~ ~ ~ r ~ J ... ..... .... !='" I!Cl !""'> ~ po. r> ?" flI ?" p.. n :L R B- e. 0 0 "CS I 0 0 .. ..., ~ ~ r- 8 ~ o-j~ .;;.. 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'0 '0 [: rn '" ~ -..1 Ul ~ ~ liI9 QC 0 ~ 0\ ~ ~ Ul 0 ~ Ul .... = 0 0 0 - Ul 0 0 Ul 0 0 e:. 0 0 0 0:;1 ~ 0 0 0 0 0 0 = 0 0 0 :t.= !f ~ -- !f ~ -- on ! en =1:1" =It: .c ~ :r:S;: )>OZ ZS:O mOO mZ:EO _co)> 0)> '1J :u;rom 1\>00=:000 00)>:::0. 8zz~ '-IOZ ~ -i o~cm OZZ -1-1)> QZ zO m AGENDA ITEM NUMBER: <j, P. 9_ AGENDA REQUEST Requestto be placed on: November 21,2006 Date: November 16, 2006 1L Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Request for approval of award for Bid #2006-40 to Gator Landscaping for the landscape maintenance of Linton Boulevard, Homewood Boulevard, and the Three (3) Medians on Military Trail for the total estimated annual cost of 33,834. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve award of Bid #2006-40 to Gator Landscaping for the landscape maintenance of Linton Boulevard, Homewood Boulevard and the Three (3) Medians on Military Trail for the total estimated annual cost of $33,834. :::::::~ ::::i~:a:::~19~:572~ ~ 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: YesV"~<; No Funding alternatives: (if applicable) Account Number: ( (1" t/ / c.j L( -6 72. t.} ~ - LfD Account DescriPtion~()J)J~r;d--; ~ 1-1 f)( -^ rei' Account Balance: g /0 9. 2 U 5 , , City Manager Review: Approved for agenda: Yes (!.M6{ No Hold Until: Agenda Coordinator Review: Received: Action: Approved . Disapproved ~ MEMORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager DATE: November 17,2006 SUBJECT: Agenda Item City Commission Meeting of November 21,2006 Bid Award / Tennis Stadium Seats Action: City Commission is requested to approve a bid award to Preferred Seating, Inc, in the amount of $172,755.55 for the quantity of 1,793 19" Champion Stadium Seats with cup holders. Funding is available from the City Manager's contingency. Background: At last weeks workshop meeting it was the consensus of the commission to proceed with the replacement of 1,902 reserved bleachers seats with 1,793 folding stadium seats. Through Matchpoint Inc., proposals were solicited from three firms. Preferred Seating was the only firm to submit a proposal that could complete installation by January 27, 2007. We have a letter from Florida Grandstand indicating they could not meet our completion date and Seating Selection did not respond to our follow up request for proposals. Based on similar proposals received in September 2006, Preferred Seating Inc. would have been lowest responsible bidder also. Recommendation: Staff recommends bid award to Preferred Seating, Inc. in the amount of $172,755.55 for 1,793 19" folding stadium seats with cup holders. Funding to come from City Managers contingency fund. rz.V/O PURCHASE AGREEMENT BETWEEN Preferred Seating Inc. 60 Record Drive Henderson TN 38340 Ph. 731-989-3774/Fax 731-989-8123 CUSTOMER: AND: City of Delray Beach 100 NW Avenue Delray Beach FI 33444 Ship To: Same Alln Bob Barcinski QTY. 1,793 Description Champion Seats Bleacher Mount Price Per Unit Total Price $92.35 $165,583.55 NOTE: Proposal includes the following Champion Seats Bleacher Mount Mounting Hardware Shipping and Handling Installation Mounting Plates Removal of existing Aluminum Decking Champion Seats Bleacher Mount Total $165,583.55 Shipping Sales Tax: PAGE 2 Sub Total $165,583.55 $4.00 $7,172.00 Grand Total $172,755.55 1793 Cup Holders install 2008 Ship Via Our Trucks Special Instructions: Terms: 50 % deposit $ 86,377.77 to start production $86,377.77 upon final installation Preferred Seating will credit customer $ 706.00 for removal In order to complete Jan 27 2006 Dead Line Production must start by Nov 22 2006 The above prices, specifications and conditions outlined on the reverse side are satisfactory and hereby accepted. You are authorized to do the work as specified. Ordered by: Title: Date: Preferred Approved by: Title: Date: PREFERRED AND PURCHASER AGREE AS FOLLOWS: ACCEPTANCE: This agreement is not binding until approved by Preferred Seating at its office, 60 Record Drive - Henderson, TN 38304 TITLE: Title to all furniture shall remain in Preferred's name until paid in full. Preferred shall have all rights and liens in accordance with the Tennessee Business and Commerce Code. TERMS/AGREEMENTS: Payment terms are noted with order and balance upon last shipment. Payments are to be made to Preferred Seating, Co. at Henderson, TN where exclusive venue and jurisdictions for all legal matters shall be litigated. In the event final payment is not paid on installation Purchaser agrees to add I I/2% interest on the unpaid balance per month until payment is made. On any default of this agreement, purchaser agrees to pay reasonable attorney fees and cost of collection. Purchaser may withhold only a dollar amount equal to the value of any incomplete work. Purchaser agrees not to use the furniture until payments amounting to 90% or more are paid. Purchaser will keep the property fully insured for the value thereof against fire and other hazards from the date of delivery until fully paid. DISAGREEMENTS: Any dispute or disagreement arising from this contract will be handled per Ihe procedure slaled under the arbitration rules as provided in the TN Civil Statutes. TAXES: Purchaser will pay any and all taxes upon the sales transaction required by local, state or federal legislation unless such taxes are expressly included on the face side of this order as being part of the order. DELIVERY: Manufacturer shall not be liable for delays in delivery of furniture caused by fire, strikes or from causes beyond its control. Manufacturer is granted a four (4) week grace period beyond the confirmed delivery date because of the custom nature of the product and materials involved can cause unanticipated delays. Seventy-five (75) days are required for production following approval of all colors and quantities. The purchaser will be nolified by the factory prior to starting production on this order to confirm the delivery date. Once this date is agreed upon and Preferred Seating has committed itself to this order, the Purchaser will accept delivery, provide storage if delays occur and make final payment. GOVERNMENTAL REGULATIONS: Compliance with governmental laws, codes and regulations, including local building and fire codes applicable to this purchase and including design, type of material and inslallation arrangement thereof, shall be the responsibility of the purchaser. Purchaser will notifY Preffered Seating prior to construction of the furniture of any regulations or by accepting delivery, the Purchaser agrees to hold Preferred Seating free of any liability or responsibility existing by virtue of such regulations. UPHOLSTER Y: Upholstery fabrics are dyed at the mill towards the master color that is shown on the swatch cards and samples. Each dye lot is slightly different from every other and this difference shall not constitute reason for rejection by Purchaser ofthe upholstery fabric. LIMITED WARRANTY: Preffered warrants this product to be free of manufacturing defects for sixty (60) months after the original date of purchase. This warranty does not include damage resulting from unauthorized repairs, accident, misuse or neglect. Ifthe product should become defective within the warranty period, the company will, at its option, repair or replace it free of charge, including free return transportation provided it is delivered prepaid to the company's office. Such repair or replacement shall be the sole remedy of the Purchaser, and there shall be no liability on the part of Preferred Seating or distributor for any loss or damage, incidental, direct or consequential, arising out of the use of, or inability to use the product. This warranty gives Purchaser specific legal rights but does not in any way affect your statutory righls which vary from state to state. Any question regarding warranty service can be addressed to the company's office. CANCELLATION: If Preferred Seating honors the request of the Purchaser to cancel this order before or after acceptance, Purchaser shall reimburse Preferred Seating for the costs theretofore incurred. Written authorization from Preferred Sealing is required prior to the return of any merchandise. ENTIRE AGREEMENT: This order form consisting of two pages constitutes the entire agreement and supersedes all previous representations or statements whether verbal or written. No other provisions, alterations or additions shall be binding on either party unless in written change order form. Ordered By: Title Date NOV 16,2006 05:48P . .... :-""",..,--.:". _....- . '.' ~ ....:: '"'-' . 1ii1_i~ FLORIDA . ~,,; 'f: GRANDSTAND INC. . .~ '. 1661 West 2nd Avenue Hialeah, 'FIorida 33010 3058889834 page 1 . ~ _ _ ;.l ~ - ~ . ,~-~. _, \ \ ,I J:' ~( ,f " '\ Phone: (305) 888-3902 · Fax: (305) 888-9834 To: Mr. Bob Barcinsk1, Assistant City Manager City of Delray Beach 100 NW lAve Delray Bench, Fl. 33444 Dear MT. KnTr.inRki: UnfDTtunately. at this time we can not meet the required tlmeframe for the installation of the ~nY sears at the Delray Beach Stadium & Tennis Cen~er or the required mount1n~ with eather of. our American Sea~ing or Irwin Seat~ng products. We loak forward [0 the opportunity to bid on future 1n the City of Dclray Heach. Rel:lp~~tfully. "'-'.-'- --.... - //' .-;7'...4../ Gl1be laspoli Jr. Nov, 16, 2006 Cell; 305-794-0091 Oct-16-06 09:39am From- Match Point +5613306001 T-085 P.001/009 F-486 .- ) DELRA Y BEACH Y ELL 01;,\/ T ~ N N IS EJ A '- L. COM TO: FROM: DATE: RE: Bob Barcinski John Butler October 16, 2006 Stadium Seating RT:: E\ ED r , C'll ; I.', - ,i, I have the following update (below) to the Global Sports proposal list dated September 20, 2006. Preferred Seating (Vendor No.2) 1. Whereas the stadium currentiy accommodates 1,908 seats in the reserved section, we will be able to fit 1,783 of the new individual seats with backs and arms on each seat. That is 125 less seats than the current configuration, thus a reduc;tion of $11 ,543.75 from their original proposal. 2. We suggest putting a portion of this savings towards cup holders for the chairs. Cup holders are $4/each and would total $7,132. With this, we would still be $4,411.75 under the originaHy proposed cost. 3. After much research, Preferred Seating is the only vendor that curren~y offers the same mounting as the seats currently in the stadium, Le. a ftshort stem floor mount" or "bleacher mount". All others proposals have been for traditional f10clr mount systems that would not function as well with the stadium as is. Florida Grandstand, Inc. (Vendor No.3) 1. Their proposal for the American Sealing product has been revised after the manufacturer inspected the installation. The new proposal is attached. 2. Florida Grandstand has also submitted anothEr bid using a different seating manufacturer, Irwin Seating. That bid is also attached for your review. 3. Both American Seating and Irwin Seating are apprehensive about the time to do the job, but have not said they can not do it. Please call with any questions or further direction. 8 pages to follow " ~ '30 NORTHWEST 1 ST AVENUE OEI..RAY BE:ACH, FL.ORIOA '3:3444 OFFICE: 561.:3:30.6000 VELLOWTE,NNIBBALL.COM FAX: ~61.:3:30.6001 ~ IN1'~kNAT10NAL SERIES, Oct-16-06 09:39am From- Match Point +5613306001 T-085 P.002/009 F-486 Global SpOt.ts & Tennis Design Group, LLC CIIT OF DELRAY BEACH Stadium Seating Summary of Prelimina[Y Proposals September 20, 2006 VENDOR SEAT IDENTIFICATION PROPOSAL No 1. Seating Solutions Mark Heller Chandler Suprina Tel: 631/845-0449 Notes: 1, Includes Removal of Exist Alum, Disposal and/or salvage at Owner Discretion 1 ,908 Units 88501 Series Del & Install: $151.25 per seat Del & Install.1,908 Seats: $288,585.00 Notes: 1. Includes removal (If exist Alum and salvage value by Vendor 1,908 Units S8501 Series Del & Install: $149.00 per seat Del & Install 1 ,908 Seats: $284,292.00 No2. Preferred Seating Frank Sumner Tel: 866/922-0226 Notes: 1. Salvage Value for existing Alum seats: $706.00 2. All seats Manufactured in Tennessee, USA 1,908 Units CHAMPION Floor Mounted Del & Install: $92.35 per seat Del & Install 1 ,908 Seats: $176,203.80 No 3. FloridaGrandstand, Ine Gabe Rispoli Tel: 305/888-3902 ({?'It 'P 6-1/ PRICING .tr1"fl-C H ~P. Notes: 1. Price subject to change pending review of riser construction and drawings of ~xisting stadium. nits American Seating Model 406 Del .:1-9:-91" Del & Ins . ode I 408: $.1-1-9131 Install: 1,908 Seats: Mo e 1 Oct-16-06 09:39am From- Match Point +5613306001 T-085 P.003/009 F-486 Global Sports & Tennis Design Group, LLC 2. No comments on salvage value of existing Alum seating 3. Vendor recommends the use of Model 505 or 507 which have proven to be more comfortable-slat back type, No quotation provided. No other Vendors responded. 2 City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date: 11/17/2006 (3) Interfund/lnterdepartmental Transfer (4) Batch Number: (5) Requested By: PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 001-6111-519.99-03 Contingency $ 172,756 001-4210-575.63-90 Other Improvements $ 172,756 (10) TOTAL $ 172,756 $ 172,756 JUSTIFICATION: Agenda Request for November 21 st - New seats for tennis stadium Department Head Budget Office Finance Director City Manager (11) Budget Revision Date (12) Control Number ORIGINAL-BUDGET CANARY-PROJECT FILE (14) Count PINK-DEPARTMENT (13) Period AGENDA ITEM NUMBER: ~ 0 AGENDA REQUEST Request to be placed on: November 21,2006 Date: November 17,2006 xx Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval request for bid award to Preferred Seating, Inc. for the amount of $172,755.55 for the purchase of 1,793 19" Champion Stadium Seats with cup holders for the Delray Beach Tennis Stadium. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES YES NO NO Recommendation: Approve the award to Preferred Seating, Inc. for the purchase of 1,79319" Champion Stadium Seats with cup holders for the Delray Beach Tennis Stadium for the total of $172,755.55. Funding from City Manager's contingency fund. Oeparbnenl Head Signalure: ~/I~' //j?);" 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:(!;;) (1f:' No Funding alternatives: (if applicable) Account Number: 00)- L\~ 10 - 5'1 S... re3.80 tY+tW (nt;JrOY~~S , 1/7Z/7>> ~.~ fL~r Account Description: Account Balance: City Manager Review: Approved for agenda: Yes ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved CITY COMMISSION CITY OF DELRA Y BEACH. FLORIDA REGULAR MEETING - TUESDAY. NOVEMBER 21.2006 6:00 P,M, - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8. CONSENT AGENDA: City Manager Recommends Approval. Q. AMENDMENT/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST. INC.: Consider approval of an amendment to the Contract for Sale and Purchase of Property with the Community Land Trust, Inc. postponing the closing date from November 15, 2006 to November 30, 2006, for three (3) properties located at 802 S.W. 3rd Street, 1012 N.E. 3rd Avenue and 119 S.W. 9th Avenue. ******************************************************************************** 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. [IT' DF DElRA' BEA[H CITY ATTORNEY'S OFFICE ~()() NW 1 st AVENI!.' DLLRAY BEACH. FLORIDA 33444 ILLEPHO\lE 'ih I r~, ;DUO . FACSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DElRAY BEACH ~ All-America City , III J! ~:~E 1993 2001 MEMORANDUM November 20,2006 City Commission David T. Harden, City Manager FROM: Terrill Barton, Assistant City Attorney ~ SUBJECT: City of Delray Beach Sales to Delray Beach Community Land Trust, Inc. The Community Land Trust has requested that we postpone the closing date for three (3) properties that we transferred to the CL T from the City via Resolution 67- 06 on the November 7, 2006 City Commission agenda. The original closing date was scheduled for November 15, 2006 but due to a delay in getting surveys for these properties, the CL T would like to close on November 30, 2006. The three properties are: 802 S.W. 3rd Street, 1012 N.E. 3rd Avenue and 119 S.W. 9th Avenue and the addendums are attached hereto. Please contact me if you have any questions. TCB:smk Attachments cc: Chevelle Nubin, City Clerk g.Q ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRA Y BEACH BUYER: DELRA Y BEACH COMMUNITY LAND TRUST, INC. PROPERTY: West 79' of East 104' of North ~ of North ~ of Southeast 1/4 of Southeast 1/4 of Southwest 1/4 of Section 17, T46S, R43E The "As Is" Contract For Sale and Purchase between CITY OF DELRA Y BEACH, as Seller, and DELRA Y BEACH COMMUNITY LAND TRUST, INe., as Buyer, is hereby amended as follows: (a) Paragraph VI, Closing Date, is hereby amended to read: November 30, 2006. (b) All other terms and conditions of the Contract not specifically modified herein shall remain in full force and effect. (c) A facsimile copy of this Addendum and any signatures hereunder shall be considered for all purposes as originals. BUYER: SELLER: DELRA Y BEACH COMMUNITY LAND TRUST, INC. CITY OF DELRA Y BEACH By: By: ,2006 Date: November _, 2006 Date: November ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRA Y BEACH BUYER: DELRA Y BEACH COMMUNITY LAND TRUST, INC. PROPERTY: Lots 3 and 4, Block 8, Dell Park The "As Is" Contract For Sale and Purchase between CITY OF DELRA Y BEACH, as Seller, and DELRA Y BEACH COMMUNITY LAND TRUST, INC., as Buyer, is hereby amended as follows: (a) Paragraph VI, Closing Date, is hereby amended to read: November 30,2006. (b) All other terms and conditions of the Contract not specifically modified herein shall remain in full force and effect. (c) A facsimile copy of this Addendum and any signatures hereunder shall be considered for all purposes as originals. BUYER: SELLER: DELRA Y BEACH COMMUNITY LAND TRUST, INC. CITY OF DELRA Y BEACH By: By: ,2006 Date: November _, 2006 Date: November ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRA Y BEACH BUYER: DELRA Y BEACH COMMUNITY LAND TRUST, INe. PROPERTY: Lot 29, Lincoln Park The "As Is" Contract For Sale and Purchase between CITY OF DELRA Y BEACH, as Seller, and DELRA Y BEACH COMMUNITY LAND TRUST, INC., as Buyer, is hereby amended as follows: (a) Paragraph VI, Closing Date, is hereby amended to read: November 30,2006. (b) All other terms and conditions of the Contract not specifically modified herein shall remain in full force and effect. (c) A facsimile copy of this Addendum and any signatures hereunder shall be considered for all purposes as originals. BUYER: SELLER: DELRA Y BEACH COMMUNITY LAND TRUST, INC. CITY OF DELRA Y BEACH By: By: ,2006 Date: November _, 2006 Date: November JA TO: THRU: PA'f DOR G, AICA, IRECTOR OF PLANNING & ZONING FROM: ~mRONSON, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF NOVEMBER 21,2006 - REGULAR AGENDA APPROVE A REQUEST FROM MELLOW MUSHROOM (F/KlA VITORIO'S RESTAURANT) FOR THE PURCHASE OF SEVEN (7) IN- LIEU PARKING SPACES Mellow Mushroom, a national franchise of upscale pizzeria/restaurants, has submitted a Class III site plan modification for a 1,166 s3. ft. expansion of the existing 3,000 +/- sq. ft. Vitorio's Restaurant, located at 25 SE 6 h Avenue (Northbound Federal Highway). The existing restaurant is currently non-conforming with respect to parking, as the existing site provides only seven (7) of the eighteen (18) parking spaces that are required under today's code. Pursuant to Land Development Regulations (LOR) Section 4.4.13(G)(1 )(d), which establishes the parking requirement for restaurants at 6 spaces per 1,000 sq. ft. of gross floor area, this expansion requires the provision of seven (7) additional parking spaces. LOR Section 4.6.9(E)(3) states, "if it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking." Due to site constraints, it is impossible for the applicant to provide the required parking on-site. Consequently, the applicant is requesting to purchase seven (7) in-lieu spaces at a cost of $15,600 per space. The total fee of $1 09,200 is to be paid, in full, upon issuance of a building permit. Comprehensive Plan Policy C-4.1 of the Future Land Element encourages rehabilitation and revitalization within the Central Business District through a number of incentives, one of which is the accommodation of parking needs through innovative actions. The in- lieu of parking fee program provides such an incentive and therefore is consistent with the Comprehensive Plan. The subject property is next to the Gladiola Lot with a capacity of 76 public spaces and is across the street from the Village Lot with a capacity of 43 public spaces. Additionally, the redevelopment of the old library site, currently under consideration, will provide additional parking for use by the general public. Although the subject property is located in close proximity of several municipal parking lots, staff has a concern regarding an in-lieu request for 100% of the parking required to accommodate the expansion, particularly in light of their current 11 space parking deficiency. q.R City Commission Staff Report Mellow Mushroom In-Lieu Request Page 2 The Community Redevelopment Agency, at its meeting of October 12, 2006, unanimously recommended approval of the applicant's request. The Parking Management Advisory Board, at its meeting of October 24, 2006, unanimously recommended approval of the applicant's request. The Downtown Development Authority, at its meeting of November 13, 2006, in a 5 - 1 vote (Marincola abstaining) recommended approval of the applicant's request. Board discretion. Attachments: . Floor Plan . Front Elevation IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR MELLOW MUSHROOM ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on November 21 , 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Mellow Mushroom. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I, IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required for a change of use and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 1 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves _ denies _ the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 21st day of November, 2006, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin, City Clerk 2 1- -- ---- - -~ --(t--i tr- -Ai:tEV------- ---- ~ ------ , _1O~~'IllUT " ! _ n. Ill'/. BY f"'" · MIS X . . "-i Cllt 7 IPACD (II-t.$I), 'I" I 1. XjCXlO!''''''X 7UO' _TVUNt . --I"-~------------"------------"---------- I ' I . , 'ICIDSJOflOWWH I\AllIINCl AIlIo -- \ . ......., \ . ',.J'.,. ., ..t" I '. \./' l_.-\.. I . I -.--. ----- I . I , I I I , I 7 existing 8Pfces to remain , t , I . I . I ElQrnNq Wl1'lCAtf......,..,.,,urA "V- i /.....> I ,. i./ ,_.~'. .-i-'-'- " /-.-.-.-.-) - ...../.A ./ -- -,-,,-'. .<..'''' ~"'\-'-'''''''-'_.-L .. ,,-~...... I .' . ElQSI1N'~lI.EIlTO~.1 ~ . \ ,,' ... . . " \ ~:-"> <........... ~...., '. \. ......>y. \, '\../ _.\.. . I ~ ~ I .. <.P ~ ---I . ~ 80 ~ ~~ ~~ K6 ~ r<$.. ~ ~ v~ D'JmNQ I.AHPSCA"E PI../JrrlI1NCi MfA ~ COPE MCHIlB:1'S. INC. 2_ -.:.,::W~==-~- J I i I- ~ :..J :J (I) Z o o J I ~ o ~ ~ J: UJ~ V"li~ ::::a <~ ~~~ s: ~5 O~~ N'" :J ~ t..L.J ~ . ~ f ~ z 1 2~U u z<( - ~~e ~ J:~H ~~gl lLl III 15 0.. ~~ 8 ~ z :s 0.. ~ H v; ~ Ii ~ J B A1.0 of b~ ~I .~: . )> ~ (J1 o ~~ ~-u .0 ""U> 'fTl ~CJ )> ::::0 (") ::r:: --i fTl (") --i C ::::0 )> r fTl Z --i ::::0 -< fTl r- fTl < )> --i o Z 1. ] 1 J ] I ~ COPE ARCH1TECTS. IN . MEllOW MUSHROOM DELRA=~=~:~.U'3 4~~4 ~~~ -- - - .-- -., -- PROPOSED ENTRY ElEVATION --... ...- %( City of Delray Beach Administrative Services Memorandum FROM: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting November 21, 2006 Approval Special Event First Night 2007 TO: SUBJECT: DATE: November 14,2006 ACTION: City Commission is requested to endorse the lOth Annual First Night 2007 event to be held on December 31, 2006 from 4:00 p.m. to midnight, to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of City rights-of-way and facilities as requested, to authorize staff support as requested to authorize facility use as requested, and to authorize use and set up of the new stage if available. BACKGROUND: First Night is a City sponsored non-alcoholic event featuring local artists and entertainers. The event procession will begin this year again at Veterans Park and proceed to the Tennis Center. This year the pavilion area at Old School Square will be a button venue as well as the Museum. More of the children activities will be focused in and around the Tennis Facilities with the children's finale being held in the stadium. We will also extend activities on Atlantic Avenue to the Library. Button prices for this year's event will be $8.00 and more activities have been designated as button venues. Last year's price was $7.00. I have attached a copy of the event permit, site plan, schedule, and the approved budget. Certificates of insurance are being obtained through Risk Management. The estimated overtime costs for this event are $25,000, and barricade rental costs are $3,000. This is a City sponsored event. Per our event policies and procedures, there are no charges for City services. Staff support is requested for traffic control and security, site clean up and trash removal, barricade set up and removal, signage construction and installation, EMS services, and use of the new City stage. Ifwe do not have the new stage we will use the existing small stage. This event is being sponsored by the Sun-Sentinel. RECOMMENDATION: Staff recommends endorsement of the event, approval of the temporary use permit per LDR's Section 2.4.6(F) for use of City rights-of-way and facilities, approve staff support as requested, and use of City stage at no charge. Barricade rental will be paid for from the event budget. RAB/tas File:u:sweeney/events Doc:Agenda re First Night 2007 4.6 City of Delray Beach Special Event Permit Application , Event Approved/Denied Approved/Denied by PLEASE PRINT Date of Approval/Denial Title 1993 2001 1. 2. 3. 4. 5. 6. 7. 8. 9. Event NamefTitle: First Niaht 2007 Event Date(s): December 31,2006 Event Time(s): 4:00 p,m. to midnight 10. Event Sponsor/Producer: City of Delray Beach Event Contact/Coordinator: Robert A. Barcinski Address: 100 NW 1st Avenue. Delray Beach Telephone Number: 561-243-7011 Cellular Number: 561-704-2780 E-mail Address:barcinski@ci-delray-beach.fI.us Event Description: Non-alcoholic New Year's Celebration featurina local artists and entertainers. The event is family oriented. (If neighborhood block party, then please skip questions #10-35 and go to question #36) Sponsor Category: (please check) City D Non-Profit/Charitable D Private D Co- Sponsor - Non-Profit/Private D (If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19}) Event Location/Address: Atlantic Avenue - NW/SW 3raAvenue to NE/SE 7th Street. SE 1st Avenue to alley south of Atlantic, NE/SE 2nd Avenue to alleys north and south of Atlantic. SE 3rd Avenue to the alley south of Atlantic. NE 4th Avenue to the alley north of Atlantic. SE 4th Avenue to the alley south of Atlantic Avenue. Tennis facilities. and ticket booth, Community Center. Old School Sauare site. Worthina Park and Veterans Park. and Library. 12. Site plan attached: yes X no (Site plan required for entire event site) Event budget attached: yes X no (Required for all events) Serving or selling alcoholic beverages: yes no X (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no X (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes X no (Waiver required) Requesting Police assistance: yes X no (Traffic control/security) Will supplement with private security: yes no X (If yes, need plan attached) Requesting Emergency Medical assistance: yes X no 13. 14. 15. 16. 17. 18. 1 19. Requesting barricade assistance : yes X no 20. Requesting trash removal/clean up assistance: yes X no 21. Requesting trash boxes and liners: yes X no 22. Requesting stage use: yes X no (If yes, check type) Large stage covered D Large stage no cover D Small stage D Half small stage D 23. Requesting signage : yes X no Type: Event sign (4'x4') Yes Directional signs no Banner hanging No Indicate dates required on 12/16/05 for event siQns (Waiver required if more than one (1) week prior to event) 24. Food and beverage vendors: yes X no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 10 25. Health Department approval: (see attached) yes no X 26. Other vendors: yes X no 27. Tents: yes X no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no X (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no X (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yes X no (If yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? yes no X (If yes, contact Fire Marshall) 32. Will you be providing port-a-Iets for the event? yes X no (If yes, locate on-site map, If no, indicate how you will handle restroom needs) TO BE DETERMINED 33. Will there be a charge for the event? yes X no (If yes, indicate ticket prices) $8.00 34. Is reserved parking requested? yes no X (If yes, indicate locations) 35. Neighborhood Block Parties (Neighborhood block parties only) 2 . Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) . Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event. 3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way. 5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. ~~&~~ Event Contractor/Coordinator Please print: Robert A. Barcinski I (~t/ joh Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use Only Date Received Application fee received $ piA- Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 ~ W C) C ::) ~a:l W~ W:E: :E:C) tn- ~z c::::~ Otn ;:~ u.. .... o > u.. - CD C) 'tS ::s m ..... o > LL 000000 000000 000000 000000 000000 LOcONNLON ~('t)~~~Q) ~~ ~ iii ::s ~ CD o > LL OO~OOO 00:s~00 0000000 000 OOCO ONOOON LO ~ 00 N- LO ....... ~('t) _~~Q) ~CIO ~ ~ ~ - CD m 'tS ::s m CD o > LL 000000 OO~~~O 000000 000000 OtOOOOCD LOci~NLOcn ~~('t)~~co ~~ ~ .-.. .-.. ....... ....-. (/) .-. c lI) c.. lI) en Q) .- c ....-.s::.oZ" ,,, en lI) .- C '-'CI)....lI) en >- Oll).... _ C lI) Q) ,,, cocO'-' ::I::::OC>- 0::10..0::: ucocnuu ...................... ................................. 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Q) Q) Q) Q) o 0 0 0 l:: l:: l:: l:: COC'llCOCO mmmm...J aJaJaJaJ<( "0"0"0"01- 55550 LL.LL.LL.LL.I- (0 o o ~ ('I) ..... - ..... ..... ~ btIJ CO) c:: &~ o ::::s ::::s '\!ijQO:f,;r7';""""' <l!<",!'q,~ '~:",~. . . ";";:)I("~W~~~~.~';"~':w:""'~\::;~''.i''';' ~q.13 First Night@ 2007 .' '. .'~./\ /.. ) '?J. j.. ,,/ ." . j . . I 0 oJ, J..Y;~j'f ..Ht!JJJ.J 1::J It:; v;.:;'./.:;i)JJ~.:- 0'J 2IJE for the entire family! This button is your passport to a world of entertainment and fantasy. For only $8, you can enjoy Swing, Classical, Contemporary, Jazz, Dance, Multi-Ethnic Performances, Literary and Visual Arts throughout downtown at special locations. First Night@ 2007 Highlights The Peoples Procession Everyone join the parade! .. . Come to Veterans Park at 4pm! You can partiCipate In the Peoples Procession by making a noisemaker, creating a Celebration Crown, or helping with the Giant Puppets. Enjoy food, entertainment, climbing wall and bounc~ houses! At 6pm, the procession flows down E. Atlantic Avenue from Veterans Park to the Tennis Center. Children's New Year's Eve Party and fireworks finale Outdoor activities at Veterans Park, along Atlantic Avenue and at the Tennis Center parking lot until 9pm. We'll have games, music, activities, food, fun and awesome surprises all night long. Join special guests for a New Year's Eve Celebration just for kids at the Tennis Center at 9pm for fireworks and the famous Ping Pong Ball Drop' Salute to the Military Featuring The Satin Dolls performing musIC from the 40's as a salute to all of our Military Soldiers and their families! Join with the Forgotten Soldiers Organization in this speCial salute at the City Community Center! 100-ft. Tall Resolution Sculpture Help transform the 100 Ft tree into a gigantic collection of New Year's Eve resolutions! Write your own resolution on sheets of plastic, then watch as each gian! ribbon is hoisted to the top of the tree! " Midnight finale At the Tennis Center, Fireworks, more pin~-pong balls, music, noisemakers, wear your Celebration Crown, enjoy ~usic and fun, fun, fun!! \ '>For info: 279-1380 e~1. 17 www.Downto\\-nDelrayBe3ch.com We're glad you've chosen to spend your New Year's Eve First Night@Z007 Celebration with us! PLAN AHEAD! There is plenty of entertainment for everyone! This Program Guide provides all performance activities available. Use it to plan your evening! Seating will be limited at all inside Button venues and will be on a first come, first served basis. You must wear your First Night admission Button the entire evening to be includecf in all activities. BE FLEXIBLE! You may find long lines at some venues. Where possible, street surprises have been provided to entertain you while you wait. In other cases, you may wish to move on to your next choice of entertainment. Early arrival at your most desired entertainment venues is advised! DRESS COMFORTABLY! Wear your walking shoes and dress for the weather. Plan to spend your time both inside and outside. YES! THERE'S FOOD! Food and beverages for the entire family will be available throughout downtown. PARKING Atlantic Avenue will be closed to vehicular traffic between Swinton Avenue & 7th Avenue. Use the bypass and follow signage to public parking lots. SHUTTLE Hop on the new Downtown Roundabout Shuttles to move around downtown! Available from Tri-Rail, use this convenient way to move from Veterans Park to the Tennis Center all night long! Special thanks to the entire First Night Committee. We want to thank participating downtown entertainment venues for their wonderful support, plus hundreds of artists, volunteers, and generous contributors who have made this celebration possible. First Night Delray Beach is an official member of tne First Night International Alliance. First Night Campfire monitored by Boy Scout Troop Sorry, no refunds on button sales! Please, no alcoholic beverages or smoking at First Night sites. j Entertainment Sche Everyone join the People's Procession! Interactive Kids Games "5\00 f"Oee" feo\>\es 60 foot Obstacle Course Buy your button here to Delray Beach~s New Year first N' Your P'!s~t Button if World POrt to of fUn! Don't Miss the Fun...C'ome to Veterans Park! ~ Atlantic Avenue at the Intracoastal Waterway From 4pm to 6pm At 6pm -Enjoy Food and Entertainment for the Gear up for Delray Beach's fabulous entire family! Peoples Procession, the heart of our · Create Your Own Celebration Crown! First Night 2007 Celebration! · Scale a Rock Climbing Wall! Kick off the New Year's Eve Celebration! . . .. .. , Join the Procession as we travel down Participate m Interactive Kids Games. E' t Atl t' A f ()m "eterans Park as an IC venue r v' · Scramble thru a 60 foot Obstacle Course! to the Tennis Center with Giant Puppets, · Sign up to guide a Giant Puppet along Taiko Drummers, Latin Dancers, Junkanoo Atlantic Avenue in the Peoples Procession! performers, surprises and much more! www.DowntownDelrayBeach.com Children under 3 no bUllon required. Schedule correct at time of publication. All artists and times subject to change. '" -r 1 ~ftJ11jJ'i::t'B~ Beginning at 6pm ~~ Frank.E.oke, Interactive Kids DJ and Games Veterans Park, 6-7pm . Climbing Wall Veterans Park, 6-7pm 60' Obstacle Course Veterans Park, 6-7pm Create Your Celebration Crown Veterans Park, 6-7pm ill Musical Chairs 400 Block Atlantic Ave., 6-9pm ~ Bath Tub Racers 500 Block Atlantic Ave., 6-9pm ~ Miniature Golf 600 Block Atlantic Ave., 6-9pm ~ Create Your Celebration Crown Worthing Park, 6-9pm Climbing Wall Worthing Park, 6-9pm m Luminary Sculpture SE 3rd Ave., 6-9pm @' Help Paint an Art Car Sol Kitchen Lot, 6-9pm ~ Bubbles Everywhere! SE1 st Ave., 6-9pm fIj'1 Help Create a Giant Resolution Scufpture 1 OO-Ft. Tree, 6-9pm Boy Scout Campfire & S'mores 1 OO-Ft. Tree, 6-9pm Ice Skating 1 OO-Ft. Tree, 6-9pm G! Easels-Create Art! Atlantic at Old School Square, 6-9pm . & Mary Fischer Exhibit Cornell Museum, 6-9pm Women in the Visual Arts Exhibit Comell Museum, 6-9pm o Storytelling Library, 6:30 & 7:30pm ~ Computer Generated Photo Resolutions Library, 6-9pm 1 0 Interactive Video Karaoke, All About ME TV Tennis Center, 6-9pm ~ Children under 3 no button required. Schedule correct at I ~~'::~ ~ I Junkanoo Sensation Fra k n -f'ok l/'dlnteracti" e, 1\1 s DJ &G e ames o Face Painting, Cappy the Clown Tennis Center, 6-9pm f} Wacky Bikes Tennis Center Parking Lot,6-9pm Giant Sandsculpting with Buzz {he Sandman Tennis Center Parking Lot, 6-9pm Climbing Wall Tennis Center Parking Lot, 6-9pm (1l Xylophones and Giant legos Atlantic Ave. at Old Schaal Square, 6-9pm (fJ Guitarist, Rod McDonald 100 Block Atlantic Ave., 6-9pm fI Ca.rousel Old School Square at Swinton Ave., 6-9pm c.1\J Sha.elaurel Violinist Family 300 block, 6-9pm Beginning Later o Taiko.Drummers Old School Square Pavilion, 6:45 & 8:15pm ~ Roots-African American Performance SE 4th Ave., o ~i~n~ft~copeland Davis Public Library, 7 & 8pm. I' Asian Fair Performances SE 2nd Ave., 7 & 8pm ; Hispano.latino Cultural Alliance Gymnasium, 7 & 8pm Military Tribute Music from the 40's-The Satin Dolls Community Center, 7 & 8pm i' Skate Board Oem on5tratlO n NW ptAven ue, 7 -9pm / Musician, AI Johnson With Video NE 2nd Ave., 7-9pm Create Your Celebration Crown! Worthing Park, 7-9pm , Back in Time, 50's & 60's Music ass Pavilion, 7:30pm \ , Opera & Broadway Crest Theatre, 7:30pm ime of publication. All artists and times subject to change. < ~~ Roots African Opera & Broadway American Gold Coast Opera Performance Cheryl Cavendish Beginning at 9pm E) Pianist, Copeland Davis Library, 9pm ~ Roots-African American Performance SE 4th Ave., 9pm & 10pm (!) Hispano-tatino Cultural Alliance, Vinta&e Gymnasium, 9 & 10pm o Back In Time 50's & 60's ass Pavilion, 9 & 10:30pm @ Musician, AI Johnson With Video NE 2nd Ave., 9-10pm 4Th Asian Fair Performances SE 2nd Ave., 9-10pm ffi Create Your Celebration Crown! Worthing Park, 9-10pm ~ Bath Tub Racers 500 Block Atlantic Ave., 9-10pm ~ Miniature Golf 600 Block Atlantic Ave., 9-10pm o Opera & Broadway Crest Theatre, 9-10:30pm i Sl<ate Board Demonstration NW 15t Ave., 9-11 pm Carousel Old School Square at Swinton Ave., 9-11pm Computer Generated Photo Resolutions Library, 9-11 pm I Boy Scout Campfire & S'mores 100-Ft. Tree, 9-11 pm '. Easels - Create Art! Atlantic Ave. at Old School Square, 9-11 pm (F) Help Paint an Art Car Sol Kitchen Lot, 9-11 pm ~ Bubbles Everywhere! SE1 st Ave., 9-11 pm Children under 3 no button required. Schedule correct at t , u 4) Musical Chairs 400 Block Atlantic Ave., 9-11pm @) Military Tribute Music from the 40's-The Satm Dolls Community Center 9-11 :30pm @ Wacky Bikes Tennis Center Parking Lot, 9pm-Midnight Giant Sandsculpting with Buzz fhe Sandman Tennis Center Parking Lot, 9pm-Midnight Climbing Wall Tennis Center Parking Lot, 9pm-Midnight (ID Help Create a Giant Resolution Sculpture 100-Ft. Tree, 9pm-Midnight Ice Skating 1 OO-Ft. Tree, 9pm-Midnight IB Climbing Wall Worthing Park, 6-9pm (Ii) luminary Sculpture SE 3rd Ave., 9pm-Midnight ~ Xylophones and Giant tegos Atlantic Ave. at Old School Square, 9pm-Midnight Junkanoo Sensation Atlantic Ave. at Old School Square, 9pm-Midnight Begining Later o Just for You, featuring Felicia Flint Tennis Center, 9:30pm-12:30am o Taiko _Drummers Old School Square Pavilion, 9:45pm ~-~ .ime of publication. All artists and times subject to change. \ { r ~ , ~ '" " i l': ...1 ~, ~ fl t , ! I t I , f ! f . / I ! f .i :1 Old School Square Cultural Arts Center 51 N. Swinton Avenue · 243.7922 A National Historic Site restored from its historic roots as Delray Elementary(c. 1913) and DelrayHighSchool (c. 1925). The facilities house the Cornell Museum of Art & History, presentingdiverseexhibitsoffineart,craft and American Culture; the CrestTheatre,pr enting professional theatre, music, dance, Broadwa . baret and lectures; and.the neWer outdoor Ente ellt Pavilion, which hosts a variety of community events and provides..outdoorconcert, .film.and'.festival".opportul1ities. Mna~ro Center 340 SW 6th Avenue · 279.2970 This unique learning and cultural facility serves as Ii catalyst for community collaboration, individual transformation and social. ch ange through arts, education and training. Asian fair www.asian-fail..com People from Bangladesh, Chi nal4ndi.afPakistanand Israel' perform dances, acrobat shows and fashion shows. RootsCultu ra.'. Festival A 30 year old organization located in Delray Beach providing a variety of exciting events and activities that improve the quality of life in South Florida. Roots is involved in supporting local businesses, providing opportunities for artists ana performers, recognizing and encouraging educational develo mentforstudents, offerin sports and recreational . . . d .it..y.........t.o. theethnicd' I nd.. .. thep Hispano....r..atino.C'ultllraIAllia.nce 255NE 2nd Avenue, Box 220 · 276.3396 Committed to raising the awareness of and sharing the Hispanic/Latino culture with people of all ages and cultures, serving as an advocate for diversity and eaucation while providing a stronger cultural presence in' our communities. DelrayBeachPublk Library 100W,AtlanticAvenue · 266.0194 Votedthe "Best Library in Palm Beach County", the DelrayBeach .Public. Library is the placetobe for the latest selection offi.ction .and non-fiction books, news and events, and Internet and community resources. Whileyou're here, visit our brand new auditorium, which includes gallery. s ace for exhibitions showcasing the City's most prominent ar IS -"';~~~~~~~_.""~_'-?~-~~"':."~.?~~'".."'.-c..--::~_?';_-c_:,.___:,__.~__ .~..__~..~ 4 - ~ ~ " - ------."-----,----.--- ) t:::t :t::::f gj Note: Atlantic Avenue will be closed to vehicular traffic from Swinton Avenue to 7th Avenue from 2pm until midnight. ,,,,,J,, ~Municipal Parking available in '-addition to on-street parking. '1 .., '1 t .:;:i @ P:.~'@.fL.~s I. Pr@c:.e'SSI@ll . .. . . Everyonejointhe parade! At 4pm, join the fun at Veterans Park! Create your own Celebration Crown! Enjoy food, entertainment, a rock c1imbmg wall and bounce houses! At 6pm, gear up for Defray Beach's fabulous Peoples Procession, the heart of our First Night 2007 Celebration! Travel down E. Atlantic Avenue from Veterans Park to the Tennis Center with Giant Puppets, Taiko Drummers, Latin ()ancers, Junkanoo performers, surprises and much more! o ',~~'Ctacvla, r ehild;r\t~' . firtak' 9pm Join Kenny Mikey and Riley Roam for a New Year's Eve Celebration just for kidsat the Tennis Center. We'll have games, music, interactive karaoke, food, fun and awesome surprises. Don't Miss the fireworks and Wnoos Ping Pong Ball Drop! ~., Downtown Shuttle Route Community First Night provides a strong vehicle to recreate a sense of community and offers the opportunity of strengthening community ties ana of uniting people. It helps each of us rediscover Delray Beach, learn about diverse cultures and get acquainted with old traditions. First Night is an occasion to celebrate ourselves, to reflect upon our cultural diversity and the beauty of our city. Celebration First Night is a Celebration that marks a special moment in time; it is a celebration of community, the arts, spirit, creativity and diversity...a celebration of our city - getting all dressed up, supporting local artists involving community members to transform our traditionaL downtown into a spectacle of light, sound and compelling imagery! The New Year First Night is a celebration of the New Year! It marks the passage of time from the old year to t/ie New Year each December 31'1. New beginnings bring hope, and First Night sets in motion our hopes for the future both individually and as a community. At the stroke of midnight, our spirits soar high as we welcome the r"Iew Year wjth family and friends. The Arts , ' First Night is an invention of artists and it is in this power of the arts that distinguishes this celebration from all other special events. The Arts play an important role in First Night because of their c~acity to transform, to inspire, toenricn and to engage. T " Arts transcend boundaries of race, gender, age and social., st tus. First Night provides a platform for mUSICians, poets, st~~e"ers, dancers, ~ctors, visual a~d media a~ist~ t~ showcase thll CIty'S cultural landscape - creative, authentIC, intimate. BRIGHTEST STARS DEPOT .cV'EM~~lLE (M5ISN5R- to . .~_ D.I!!'r: 1 t II: l"l::. fABRICATORS..., DOWI'ITOWN DEVELOPMENT FiUTHtmITY ":> <4lloo:'!"~ "'..dl, ~h,-~b - BRIGHTEST MEDIA STARS _ SUnn-i lltieiiting .I:,A,.,....., .., [(i.,""-,'~"j".,'..,,.- '!Jal!jl,'!)ilfi2';J Sun-Sentinel"'\J& , GOLD STARS A\arnott 'HA!RDRIVES,INC. on.RAt Rf:AtH .JA'm.m Old ScliOOISQuare Commerce "Bank ~ ROOFING;, ...-.- ---_.._--,-,._- - '" ..,. <<'.., COMMUNITY SPONSORS Howard Alan Events, Ltd. FPL Delray Beach Golf Club. Festival International, Inc. Weiner & Aronson, P.A. . Chamber of Commerce DOWNTOWN MARKETING COOPERATIVE City of Delray Beach Community Redevelopment Agency Downtown Development Authority ia.d~ ~~ ..l- Greater Delray Beach Chamber of Commerce '::".,"" . wWw.DowntownDelrayBeach.com ! I: I,' r H ~ , I I.:. ~. t. " I:;; ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PPCITY MANAGER SUBJECT: AGENDA ITEM # q .c'. REGULAR MEETING OF NOVEMBER 21.2006 BID AWARD/CUSTOM PROPERTY SERVICES DATE: NOVEMBER 17, 2006 This is before Commission to consider approval of a bid award to fourth lowest bidder, Custom Property Services, in the amount of $119,275.00 for the annual maintenance contract for the 1-95 Interchanges, including Atlantic Avenue, Linton Boulevard and the Overpass on SW 10th Street. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Beautification Maintenance). Recommend approval of a bid award to fourth lowest bidder, Custom Property Services, in the amount of $119,275.00 for the annual maintenance contract for the 1-95 Interchanges, including Atlantic Avenue, Linton Boulevard and the Overpass on SW 10th Street. s:\City Qe<k\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Bid Award Custom Property Services t t.2t.06.doc [ITY DF DELRA' BEA[H DELRAY BEACH 100 NW. 1 st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 I (J I.: I IJ A ~ All-America City , III I! MEMORANDUM 1993 2001 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid #2007-01 - I-95 Interchange Maintenance DATE: November 15, 2006 Attached please find a tabulation of bids for Bid #2007-01 and a memorandum from Nancy Davila, City Horticulturist, recommending the fourth lowest bidder at a bid of $119,275, Custom Property Services, be awarded this bid as they had the most realistic price for mulch. This is to be funded out of account #119-4144-572-46.40. Please place this on the November 21, 2006 agenda for City Commission consideration. U~ Parks and Recreation Attachment cc: Nancy Davila, City Horticulturist Tim Simmons, Parks Superintendent Lanelda Gaskins, Agenda Coordinator Ref:dhi95int @ Prmted on Recycled Paper THE EFFORT ALWAYS MATTERS Memorandum Community Improvement Nancy Davila, Horticulturist DELRA Y BEACH ~ All-America City 'III I! 1993 2001 RE: JOE WELDON, PARKS & RECREATION DIRECTOR NANCY DAVILA l7)a BID 2007-01 ANALYSIS AND RECOMMENDATION . 1-95 INTERCHANGE ANNUAL MAINTENANCE CONTRACT TO: FROM: DATE: NOVEMBER 1, 2006 On October 1,2006, Bid No. 2007-01 was advertised for the annual maintenance contract for the 1-95 Interchanges, including Atlantic A venue, Linton Boulevard and the Overpass on SW 10th Street. A mandatory pre-bid meeting was held October 10, 2006. Seven bids were received October 24, 2006 ranging in price from $24,407.00 to $312,560.00 as follows: Gator Landscaping Vila & Sons Landscaping Wellons Ultimate Lawn Maintenance Custom Property Services 1st National Outsourcing Property Maint JLS T.T.C. Environmental $ 24,407.00 $ 40,159.00 $ 68,160.00 $119,275.00 $155,026.00 $172,670.00 $312,560.00 Gator was deemed an incomplete bid as they failed to list pricing for additional services, and even if they had it may have been deemed unacceptable since the mulch was listed at $2/Cubic Yard. Installed mulch ranges in price from $32 to $48 per cubic yard. Vila & Sons provided a price of$3/CY of mulch. There did not appear to be any other line items that were 'padded' where they could make up this loss. I discussed the pricing error with David Vincent from Vila & Sons and he elected to withdraw his bid. Similarly the 3rd lowest bid Wellens had listed mulch for $.66/CY and Monique Wellons has requested to withdraw her bid. Custom Property Services, the 4th lowest bidder, was the first bid to provide a realistic price for mulch at $28/CY. The mulch represents $37,800 of the total bid price. Custom's prices seem to be in line for the scope of work. 1 spoke to the president of the company, Warren Kowalsky at length. He answered one question 1 had about his prices, which was why the Linton Boulevard mowing cost for 86,000 S.F. was only $50 more than Atlantic A venue with 31,000 S.F. His answer was there was a tremendous amount of 'weed eater' work on Atlantic which used a lot more man hours. 1 am recommending that you forward the proposal for Custom Property Services in the amount of $119,275.00 to the City Commission for award of bid. cc: Lula Butler Tim Simmons Jackie Rooney T~,. 'f,~, ~;,~':,' .;~'.'.; '. ,- ^ ~ --". \," i_'~ .,' .) ... .,.....r> "" ... ") '" ~.. ~ ~'; iig'~ '"( ~- ~ S'u:e ~ ~)~q.;: ~ >-- .. ~ 11101: ~ ~J!l8. W~ .!!:le C) ,~ 0 a.. Z ~ ~;O ~ j:; ~ -t.. 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Q) Co ~ CD .e- e c a. o (J C <C e u:: .0 o o o '<I' ... z o ~(/) ::>a: -,0 <~ Pw o o .0 '<I' ... z o ~ -' ::! ::>0 ;;J.a: pffi o o .0 .... ... o z o 0 ~ 5 (/) ... ::> a: ;;J.li! pffi o o o "I ... o o o 10 ... z o ~ -' ::! ::>0 ;;J.a: 9ffi owZ otiO g~~(/) :::;::>a: 0-,0 o<a: ~9ffi c:: 10 E 8 ... .c:: ! a. i' c:: 1lI Ol o Ol e 10 o 'E ::> J: ~ o ii5 to Date: Nov. 15, 2006 AGENDA ITEM NUMBER: q . e AGENDA REQUEST Request to be placed on: _Consent Agenda LRegular Agenda _Workshop Agenda _Special Agenda When: November 21, 2006 Description of Agenda Item (who, what, where, how much): Request approval to award Bid #2007-01 to Custom Property Services, the fourth lowest bidder, at a price of $119,275 to be funded out of account #119-4144-512-46.40. Department Head f\ '\ r\ (\ . Signature: LJJ ~ City Attorney Review ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: 90 Initials: tX:R: _ Account Number / I 9 - tj I 'let, 572 . 0b- yo Description ~~ a -h ~ rl {L{ /tt..f-e-UY___ Account Balance: 10 )/9/ Z 7<: W /1/ if a If dd rvf jV( id'- je ~ ( , Funding Alternatives: (if applicable) City Manager Review: Hold Until: fJlt No InitialS:-m:q- Approved for Agenda: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: ~CIlY MANAGER SUBJECT: AGENDA ITEM # ~D - REGULAR MEETING OF NOVEMBER 21. 2006 DELRAY BEACH PUBLIC LIBRARY ASSOCIATION. INC./BOARD LIAISON DATE: NOVEMBER 17, 2006 This is before the Commission to provide direction regarding a representative from the City attending the Dekay Beach Public Library meetings on the third Wednesday of each month. The Board of Directors of the Dekay Beach Public Library Association, Inc. is extending an invitation to the City of Dekay Beach to have a representative from the City attend its meetings as a liaison on the third Wednesday of each month at 5:30 p.m. in the second floor Conference Room of the Dekay Beach Public Library. Commission direction is requested. S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager DB Public Library Assoc Inc. Board Liaison 11.21.06.doc j1A!J- RECEIVED OCT 3', 2006 CITY MANAGER David T. Harden, City Manager City of Delray Beach 100 West 1 Avenue Delray Beach, FL 33444-2698 October 25, 2006 Dear Mr. Harden: The Board of Directors of the Delray Beach Public Library Association, Inc. is extending an invitation to the City of Delray Beach to have a representative attend its meetings as a liaison. Meetings are scheduled for the third Wednesday of each month at 5:30 P.M. in the second floor Conference Room of the Delray Beach Public Library. The Delray Beach Public Library is proud of its relationship with the City of Delray Beach and grateful for your continual support. We welcome and encourage the city to send a representative to our Board of Directors meetings to further promote the open communications shared between our two organizations. Thank you for your time and attention with this matter. If you have any questions or comments, then please do not hesitate to contact me. Sincerely, Af~ /\~tU-~ ~ Alan Komblau Library Director 100 WEST ATLANTIC AVENUE DELRAY BEACH, FL 33444 PHONE 561-266-0194 FAX 561-266-9757 WWW.DELRAYLIBRARY.ORG ok vf1 [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~()() NW 1st AVE\lUE. DELRAY BEACH. FLORIDA 33444 TELEPHONE: 561/~,n-7()90. FACS[M[LE: 56[/278-4755 DELRAY BEACH F LOR . [) A Dad All-America City Writer's Direct Line: 561/243-7091 " III!DATE MEMORANDUM November 13, 2006 1993 2001 TO: FROM: City Commission D~ ~ity Manager Brian Shutt, Assistant City Attorney SUBJECT: Settlement in the case of Meiier v. Sonoma Cafe and the City This case arose out of palm frond falling from a royal palm tree along Atlantic Avenue, in front of Sonoma Cafe and striking Ms. Meijer on the head as she was seated at a table that was part of Sonoma's sidewalk cafe. Ms. Meijer claimed that as a result of the palm frond hitting her on the head it caused her to have a concussion which resulted in memory loss and in the development of seizures. Ms. Meijer has incurred approximately $39,000.00 in medical bills due to this accident. i.\ Ms. Meijer has asserted that the palm frond that struck her was brown in color and should have been trimmed by the City. Sonoma claimed that because the tree was in the public right of way that they were not responsible as they did not maintain the tree. The City had a sidewalk cafe hold harmless agreement with Sonoma Cafe allowing it to place the sidewalk cafe in front of its restaurant. A mediation was held on November 8 in which the Co-defendant, Sonoma Cafe agreed to settle the case for $78,500.00 on behalf of Sonoma and the City. As part of the mediation it was represented that a recommendation would be made to the City Commission to contribute $3500.00 to Sonoma Cafe for settlement of this case. A representative of Gallagher Bassett, the City's third party adjuster, was present at the mediation and also recommends that this contribution be made to Sonoma Cafe. Our office requests that this item be placed on the November 21, 2006 City Commission agenda. Please call if you have any questions. cc: Chevelle Nubin, City Clerk q.~ MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER SUBJECT: AGENDA ITEM # . F - REGULAR MEETING OF NOVEMBER 21 2006 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY DATE: NOVEMBER 17, 2006 There is a vacancy on the Community Redevelopment Agency due to the death of Mr. Lamar Shuler. The term is unexpired ending July 1,2009. 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 hislher 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 Levinson (Seat #3) for one (1) regular member to serve an unexpired term ending July 1, 2009. Recommend appointment of one (1) regular member to the Community Redevelopment Agency to serve an unexpired term ending July 1, 2009. COMMUNITY REDEVELOPMENT AGENCY EXHIBIT" A" Marlene Brown Business Owner/Travel Reginald Cox Self-employed (currently serving on the Parking Management Advisory Board and the West Atlantic Redevelopment Coalition) Robert Currie Business Owner/Architect Mark Denkler Business Owner (currently serving on the Parking Management Advisory Board) Joe Farkas Manager/Banking (also applying for the Historic Preservation Board) Katherine Fazio Administrative Assistant Joseph Ferrer Entertainment (currently serving on the Police Advisory Board) Jennifer Ferreri Financial Associate Gerald Franciosa AccountantlLaw EnforcementJRetired (also applying for the Historic Preservation Board and the Code Enforcement Board) Diane Franco Land Developer Bruce Gimmy Business Owner/Retail Gary Goldfarb Self-employed Angeleta Gray Business Owner/Cosmetology Mercatur Guerrier President-CEO George Maso ConsuUanVSerrri-retrred Leonard Mitchell Law Enforcement Christina Morrison Realtor James O'Brien Property Management Kenneth Peltzie Healthcare Jerome Sanzone Building Official Kevin Schenck Marketing Nancy Schneider Flight Attendant Dinah Stephenson Attomey/Real Estate 11/06 COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 104 W. Atlantic Ave. Delray Beach, FL 33444 Diane Colonna Executive Director ofCRA 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,]r. 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 3rd avenue Home: 276-3593 Delray Beach, FL 33444 Fax: 272-4246 Cell: 573-8656 07/01/2010 Howard Lewis Business Owner Office: 276-5183 Unexp Appt 04/15/03 2953 Sabalwood Court Home: 498-3651 Reappt06/2D/06 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 Unexp Appt Vacant 07/01/2009 Franklin Wheat, Vice Chair 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 06/CRA Commission Liaison: Jon Levinson (Primary Member) Brenda Montague (Alternate Member) DRRAY B-EACH ......... ***** . - . . "'""'ECE, 'VEL K' " CITY OF DELRAY BEACH ,1 2006 BOARD MEMBER APPLICATIdt! ' .'--~. cRK C\ f'< \.iL~ C;//7/ri> 1iir 1993 2001 i 1. Name State rl. State MI. 2- Zip Code 334 '-IS- Zip Code 2. Home Address: !F(j 3. Legal Residence: i Elf//:::. 61tft1E 4. Principal Business Address: t/ Iff City State Zip Code 5. Home Phone: . Business Phone: E-Mail Address: Cen Phone: Fax: tf tl. 9 - 1/ I /I',IV / It ZE"N'MA~ @a4e/plll; ."ef 6. Axe you a registered voter? , C S If so, where are you registered? ~ . DFt:/<. AY 8EI}( 7. What Board(s) are you interested in serving? Please list in order o~ pref~ence: C !fA 8. List all City Boards on which you are cuttendy serving OJ:: have previously served: (Please include dates) e- oft l) . ""5 f~rms 8A!=D 136/H~[) Re+l(ed. Thf OS- 9. Educatio~ qualifications: G/<It.DVI1/E (;.06 C Jf E/? CO.t.L-ECE (i3Fj) 10. List any related professiorud certifications and licenses which you hold: 11. Give yow; present, or most recent employer. and position: /JtfS/JJIf"SS Op./N~,e~ MAN? cr{/R.eo -rCQNt5 PI?E5S~S .lJwttlecl;e;f:-vcf.. /k;.6/fJ . 12 Describe experiences, skills OJ:: knowledgewhiclt qualify you to serve on this hoard: (please attach a brief resume) At( I rl!!1lff.sr,F~ /.11/ #e..P"Uc 72> 'f!>'If!'AJ'G PFPe>R.o!+ut;;' 11 If: 7b 11&--~R.'" A-M ut:.l'frF-ch. - ;.,L~5" J3e EN :5 f't;,QT If3. E /pj t:: (C,q0; ''{:3 A-4/J J 6t...;:.-r N CIVIC Ib:::7/c/I'-.-f~5 Px.u{.,~ .Lt ~e> COilTI,vOi:-OIlf'His I het:eby cet:tify that all the above statements are tme, and I agree and understand that any misstatement of material facts contained ill this application may cause forfeitw:e upon my p~ of any appointment I inay receive. ~~1~ 1;;(/o~.. SIGNATIJRE . DATE dote: 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.cuttent application is on file. , S\CITYa.J!lWBOA1IDV.m.lCAnON ' Pn. Ilk. OELRA ,. gl:ACH ~ rrITr PIC3.:lC type or prim die foUowinp; info~uou:_ 1. La..'it Narn~~:~ur< 2. H:;7~~Ad~W 3. ug-.d Residence: 7A1'vt e- ; 4. Poncip:U 8m,iues:,; i\ddtc:;s: I t .f'\JAL-D City ~J:'lJy' "b::J .. . J_.. Clty /I State . LX- S ta I<: It 1/ p-/,tJ7 RECEIVED AUG - 9 2005 TV .c~~~K M. L.A.._ Zip Code 3~4 Zip Code. /1 / I CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION 'J993 200J II 7 At~( 6 ( ~jty ,( f"( S.~Ll c J II" 7.il) Code i'. " Business Phone: E-fvbil AddJ:ess: Cd! Phone: fo':.1.JC: )bjUrf-;{?3t;:/ !<EGCot(:4rtttry Jf!~!JZ~I.!.~..(.. ,fblU,~/f)3J 6_ ~4ue you a J:t'.[';Istetcd ~'Ole(~' e? If ~:o, ~vl1eJ:e :ate. p~J:{,~t'/.._.~u._ 7 - \"(.'Illlt lk.l'i.ttl(~) II,[\". you intnc:;tcd serving:> Pkar,{:: li~t in otd~r of pr~ft'tC':ncC': .. 5. Home Phone.: ~/-,2?Z!~5 - --... . --.. . ~Jf}/M . ?c>IU/NO c..~.t 11/Cf157 /t12. J~~P 8. L1~l all Cit}, Boards 00 which you ;U"~~ {:IJrt~nt]J $~r.-.il;)g ur h,,'Vc previously Se1"t"ea: (Ple.ase: 1ndudc datc~) ... ~nvL?17Wu1lcrJ ~-~G / -t7PKAf3:. 0~) .... . Educational qllalitl",'uions~; I -- ;" ( ~. . . ~~ ~71#G9? A/AM/~' M-c:?fGLo~r:>j!'.lll'(t;,.1!7fj?.7llC'E"' A I f7. ...I:l<AD1/ 5/w./ _ ____ . 10. List any (eL'lted pIoles~i(Jn:J ~t:tljhcttiow; :u.l.d li':enses which you hold: -....... ....._ ftA~ E-><i4n1I~J Be/It.. -:-dLZE:-V 11. Give your present, or luO:-.l1:cccllt employer:, ilnd position: ,. eJ4..( ~ : I 'D C~/8r~ )(/f71~c,... ~ --~eYJ -;;..- ~ 12_ Dcscri ~e1:iel\Le$, :;k.Uh ut Im'Jwlcdcc which qualify YOll co ~.r.tYe On this b':nId: (pl~~c. atbc-h ~ ~ricf rl":~llme) /6Ie~'7ff? L9)<~~:.r~&r /A! nr~.P'I~ //l/O?~7"~ f/pf:1{Bf&.(;N/ OE~/4r'fr ~~// ~~__.~/3})C~ ~ . / I hereby ccuify that aU 'l1~t: al.Kwc s'Utc~~~ts an~ rmc, :Iod ItlJi!:ee and undo'stand th.at any misstatement ~)f material L'let:> c.-.ntain~d . . applintiol}'play C:l.\lSe. fOlfeihltc upon my- put of :my jlppoEntmcnl I m~}' receive. d. ./1 . B ~k )- . V 6J_ DATI! { ~ T,te: . .~ applic::anon will leuWJl on file ill the City ti~k\; Office fa! a period of 2 y~s from the date it WlIS :-.uhmittL-,;L It will be the ;\ppli.c~llfs l:c5pons.ibililY (0 ensut~ thaI' a curtc:nt appJic-~t1on is Ofl file. ~rryt:J .t'J""~I!I'l.-\tn\^rF(I('..ufOfl W~ 'MAB REGINALD A. COX 715 NW 2"" Streel O.;lray Reach FJ. JJ444 (561-573-1131) R.l::GCOX@AOLCtP-'\1 Objcctjve To Itrln'ide qIlBlil)' professional sen:ke supporl. to a good tcaln, in Sit art'hitt!ctunl. cOtlstructiotl, or related em'irunment that offer.) nrxibility Aod promotes profe~siona[ dl.'v(!loPhltHU. HIGHLIGHTS 0..' QUALIFICATIONS · 15 years diYe~j(jcd expenencc in ATchilecfure, Ci,,'il Fngineering. Construction Mallagealel\t, and Surve)'ing/I....tapping, (X ).t;ap.; archikdllral specilic.); Abibty to prioritize, delegate, and motivate. · Quick learner; rhrive in a dynamic, challenging environment: Work cooperati,'ely with a ......ide range of cli~nt~; Slale I .icel1sed Architect. Slale Licensed Building InspectoT: State l-icensed Plans Examiuer REL~V ANT EXP.ER1E~CE COflSlructioll Documentation · O,,'ersaw, updattJ, arid IIl1linluincli civil t::'nginl:eri~g system!; drawings for the City of Delray Beach Environmelllal Scrvicts Dt:p.lTlnll;nlltlr fnur year!;. · Suc(:e5snl!ly compleled architectural constructiOfl documents (or educational, office, residential, ci.\mmercial, and retrofit projecls o\'er llle last nine years. · Analyzed and interpreted legal dcscriprn)J1s III pmdulX digital SllT\'~Ys. maps. ;md resource planning boundaries. Conservatioll and Recrealion Lallus Pmgrllm (CARl.), FklricJa nept. (lfFn\,. Protection · Production Team me,mber for several c~lmlllerciaJ, oftice. and educational facilities in Cenlrnl Florida. · Pel10rmed cOIl~muclj()11 utlcumL:nllllionn;view for compliance with mnnicipal. st.':ue. Mllj Mlioll.1.1 building codes. · Perfonn sn'ucturi11 building inspections for rc<;idenli~l and commercial faciliries. · Perh}ml shop drOlwing review for muhiple educatiolll:ll. Il1crc~nlilc, and blJ$in~~~ facilities, Ad 0)1J1 jstTa tioo/Ma IlllgCJII ell t .. RI:~,p(msihk I()r lTaining and Qverseeing drafting leclmicians in the production (It" working driilwinw- tor mulLiplc commt:n;i~1 projects. Sverdrup (:lC)S- 199H-200of] · Sl1ccc:s~lull'y managed vilrious architectural proj<,cts,wilh buugc:ts over $1.000,000 from pTelimimt~' design thTough CQf1.>tTUction doclllneJUatiol1. · Responsibl~ for rL:dut.;ing constOJction docunlent phase b)' 5{)'Yo cn 45.00[} SF mercantile projects. .. lI.-lonitored and reptJrtcd CO~l intl)nnation to lIrea eJJ~ineers and Jl'Ghitects ror COSl control datil and collected information for !>peeitic di$cipline. Bechtel. ] 992 · AJrniJliskn:d :-iuhcnnlmct pmcedures. as applied to lower-lier subcontr<lnors, l3echleJ 1993 · Produced :>prelldsheets ;3.) required tor submittal. inspec.tioJ'ls, anJ hoisling llud rigging a:; r)l~rlaining b) !>:ubc.ontr3ctll under tile U.S. Department of Energy prime contrucL Bc(:hlcll993 · Oversaw Ilrtd dircch;d FA\-fU-NOMA administrative functiolls (1993-1996) · Ueveloped division of respon:;ibilitie5 and standing comminees '. De\o'elo~J llnt! supcn-i~cd organi:lalillnal budget, Cumputer Skills · ResponsibJe for Ilpdaling. computer h~rdware and software, working as office liaison fot' computer problems. Offi("{" of Ell vironnlenlal Scryice.t" Stllte tlf F'1(Jrida . 1 J years diversitled e:o-:periencc uSing AuluCad (Rclca~~ 9.:WOO) · Complered cOllTse in Advanced PC Troubleshooting. (June 1991l E~s~l)ti121 SemLmns) · Competent user of a variely of sofiwarc which induuc MicroSlation. Microsoft Word. F.:>;cd, Outlook, CorelDraw. \.VordPerfect 7.0, ArcView, Novell Gn)up'Wisc. AS400, llnd Aulo An:hl1L:c1. . r'r(}log fTojecf Manger 5. L 1_0 ;;>m .t\egg~e '-ox l..U .<:.'*..:>..:> 11'* al.. O/~/'<:'VV~ ~~;~O ~~ VVj/VVj \-VORK HISTORY Jun'03 - Jun'05 Plans E;'Cmniner/Bldg. IrlSp_ Nov'O) - Sepf03 Project Coordinator Oct '00 - Nov'O] Phtn5 Exmniner II Aug '9~- Oct '00 Project Architect Nov '97. Aug '9S Pr(};<<:l ;\r~hitect May '97-No\"1}7 Imern Architect Se~l '96-Feb '')7 Architectuf<ll Drafting Dee -95-Ylay -97 Eng.ineering Technician HI AUf; '9)-Dec '95 AlllllCad Operntor May '93-Aug '93 SUDconrract Technical Rep. Jan 'n-Aug'92 Fidd Technidan .Tun '86-Vec '91 Draft:spcflKln City ofRoC3 Rmoll, Boca Raton, FL F Ilnning/I rowe)' As soc iates, '1),1 e<;t Palm Beach Cily of DelT:!}' B~ch, Delray, l'L S\o'crdrup CRSS. Orlllndo (.Iacobs Eng_ Group} Slultlcr Stagg & Associ<lles. OrL-llldo Hunton Rrady Pryor Maso Architects, P.A., Or-Lande.. GomJ'....in.Glltld,....io .md Associates, TalJahassee Slale uf Floritla-Office of Environmental Services Stale uf FloricJa-Rure-au of Survey lInd Mapping "Bl:'t;htcl Conslruct.i()n.A iken, SC (SRS) BL"t;hld Construction. A il-.:en, SC (SKS) Cil)' ufDclruy fkach-FnvirOnTnental Services VepL EDUCATION j\..taSI~r of Busine~s Administration - n,IVF.RSITY OF PI (OEKlX. 200 I BachelorofArcl1itecmre- FlORlf)A A&M UNIVERSITY, 1997 il3chelor cfScience. A.rchitectural Sluc.lil."s- FLORIDA A&M Cl\IVERSITY, 19~5 Associate ofSdeoee, Drafting; Desi~ll Technology - PALM RFA(,H COMJ\ofUNlTY COLLU..iE, IWO Associate of :\rh. Education - PAL~1 BEACH COMM( NTTY COLLEGE, 1991 DElIAY BEACH , 1993 2001 /J~t1IJ/;/e(lr 7 -tk-07 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION RECEIVED J U l 1 1 2005 Please type or print the following information: - -.. - I ... 1'"\ 1-' 1. Last Name: Name vi IMII. , " CURRIE ROBERT G. 2. Home Address: City State ZiE Code 72 S. OCEAN BLVD. #4 DELRAY BEACH FL 3483 3. Legal Residence: City State Zip Code 72 S. OCEAN BLVD. #4 DELRAY BEACH FL 33483 .4. Principal-Business Address: City State Zip Code 134 N. E. 1ST AVENUE. DELRA Y BEACH FL 33444 5. Home Phone: Business Phone: E-mail Address: Cell Phone: Fax; 789-6638 276-4951 RGCPCQlCURRIEARC.COM 789-6638 243-8184 6. Are you a registered voter? If so, where are you registered? YES PALM BEACH COUNTY 7. What Board(s) are you interested in Serving? Please li"st in Order Of Preference: . PUBLIC ART ADVISORY BOARD (l ;;/1 tI-(, --oc, ~ 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) SEE ATTACHED RESUME 9. Educational qualifications: Master in Architecturel1965/Harvard University Bachelor of Architecturel19621University of Minnesota 10. List any related professional certifications and licenses which you hold: Architectural License 11. Give your present, or most recent employer, and position: Currie Sowards Aguila Architects - PRESIDENT 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) Artist, 7 years of design education, 50 desi n awards, AlA Florida Finn of the Year 2000, Palm Beach Cha ter of AlA Award of Honor for Contribution to Architectural Design in 1990 and the Gold Medal Award In 2002 I hereb certify that all the above statement are true, and I agree, and understand that any misstatement of material facts contain d in this application may cause forfeiture upon my part of any appointmen I m y receive. 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. CURRIE · SOWARDS · AGUILA · ARCHITECTS Robert G. Currie, AlA ........... .............. ....A~!f ;;II Jose N. Aguila, AlA Jess M. Sowards, AlA ROBERT G. CURRIE, AlA Senior Designer YEARS BXPERlE"CE . Since 1969 REGlSTRATIO" . Architect: Cert. FL#4964 . "CARB. #11365 EDUCATIO" . Bachelor of Architecture. 1962 University of Minnesota . Master In Architecture. 1965 Harvard University Graduate School of Design PROFESSIONAL AflFILIATIO"S American lustltute of Architects Florida Association of AlA ~ State Director Palm Beach Chapter of FAIA - Past President Design Awards Committee ~ Chairman COMMU"I'IY SERVICE 8t ORGAl'tIZATIO"S . Federal Reserve Bank Advisory Board - Southeast Region - Atlanta . Delray Beach Public Library Board Member . Pineapple Grove Main Street Board Member It Design Chair . City of Delray Beach Planning and Zoning Board Past Chair . City of Delray Beach Community Appearance Board Past Chair Robert G. Currie is the founding principal of the architectural firm CURRIE SOWARDS AGUILA ARCHITECTS located since its 1969 inception in Delray Beach, Florida. He received a Master in Architecture from Harvard University, Graduate School of Design in 1965 and a Bachelor of Architecture from the University of Minnesota in 1962. Mr. Currie is certified as an architectural professional by NCARB and, t)as--. been registered in the states of Florida, Connecticut, Illinois, Massachusetts, Maine, New Hampshire, Rhode Island, South Carolina and Virginia. Over the course of his professional career, Mr. Currie has planned and designed virtually every project type, including municipal, public assembly, residential, commercial office, hospitality and historical restoration facilities, in both the United States and abroad. His knowledge of international design and construction was developed through projects in the Middle East, Australia, Central America, China and the United Kingdom. In addition, he taught at the University of Sydney (Australia), the University of Miami (Florida) and Florida Atlantic University. With almost fifty design awards to his credit, Mr. Currie- . is the firm's principal designer and responsible for projects through the design development phase. In' 1990, he received the American Institute of Architects Palm Beach Chapter Award of Honor for Design for his contributions to architectural design. The firm was honored by the Florida Association of AlA as the Firm of the Year 2000. In November 2002, Mr. Currie received the prestigious Gold Medal Award from the Palm Beach Chapter of the AlA in recognition of his contributions to the architectural profession. fORMERLY ROBERT G. CURRIE PARTNERSHIP, INC.' AlA FLORIDA FIRM OF TIn YEAR 2000 1:54 Northeast First Avenue' Oelray Beach, Florida :5.3444. 561-276-4951' Fax: 561-24.3-8184' AA0002271 w.w w.curriearc.com III DRRAY BEACH . . 0 . , 0 .... /~ 1177 CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATIONC DEn 1 2005 CITY CLERK ***** ;iiir 1993 2001 information: 1. \) e,(l ~U Name fv\ ;.u-K 2 Home Addressjz.O ,oW ~!!:- S, 3. Legal Residence: S4.,...." it 4. Principal Business Address: City >>~ &. A-Tl~'h'c- A-vc. i)d t~ 5. Hottle Phone: Business Phone: E-Mail Address: Cell Phone: M~ State Zi! Code FL J '11.( State Zip Code State Zip Code f=.L.. ).>~ Fax: Z:h<"'l171fS- z,. 7 b - /,<:;1 () 6. Are you a registered voter? v If so, where are you registered? 1:: Ie rL 7. What Board(s) are you interested in serving? Please list in order of preference: eRA 8. List all City l' PJ-~.,.. e currently se . or have previous y served: (please include dates) ,r 9. Educational qualifications: g , I'"' . 10. List any related professional certifications and licenses which you hold: DAlE Note: This application will remain on file in the City Oerk.s Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensw:e that a current application is on file. SIClTYClJlRK\BOAlIDVd'PllCA lION "J-.m d( ~ MARK DENKLER 320 N.W. 9m 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. 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 DELRAY B'EACH .'0..." m~ 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION C/IIJ/07} ?t f)anee.- ***** 2. 3. Name ~' ML ---J' D c::-- State Zip Code 1/L ?z. 3JY ~- City State Zip Code City State ZiJ? Code /'J./e 1. .4. Principal usiness Address: '3 0.;1.. e-~sr ~rc...,;ql'V T/ <- . ...- ,;:; ~c-/l4- .d eAcH- r c.. > S. Home Phone: Business Phone: ~ C /tt.(..L E-Mail Address: Cell Phone: /_?/7 .t:"AA.t:'5'bs-t@ . ,.,- 1011/ ?6S""1 ~ -'> eco -#e1 'y If so, where ate you registered? (e~. ha 7. What Board(s) are you interested in serving? Please list in order of preference: 2.. /-Icv"",, <1-A!?A- FL ] J 7~.5 Fax: ---, r~rJ(! <.. 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 your present, or most recent employer, and position.: L-I# A.;t..::: b-; '12 Describe experiences, skills or knowledgewhkh qualify you to serve on this hoard; (please attach a brief resume) o , ;I!- 0';:: /. 4-"...4.., Se.aV;CL~ 6-7vt!..v ~e- /l- ~,../ ?</,9/2 d. ,.4-- .....YcJce e pe~ /,;e~ -rv e..e... Pe~~ ~ we.' ~ c",'7 I hereby certify that all the above statements are true, and I agree and Understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~~ . . .. . &r/<9-C:-oor SIG lURE . DATE .." "te: This application will remain on file in the' City Clet:k'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. . ~rUCAnON May-16-05 05:19pm From-WASHINGTON MUTUAL OBJECTIVE +5616898506 T-}8Z P.03/03 F-809 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 QUALI FICATIONS . Professional offerin~1 exceptional mana~lerial, organizational and motivational experience in finance industry . Proficient in coordination and implementaticln of multi task responsibilities . Excellent communic3tion and pUblic relation skills with strong emphasis on customer satisfaction , I-'ossess nlgn worK etrllc wllh vt;lIl:>C1ulily C1l1lJ pCI;;>cveranc.e ., Experience in trainin~ and motivating sales and service representatives .. Continuously exceeds 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"",... ............ ','\IASHINGTON MUTU.A.L BANK, West Palm Beach. Florida ..\sst. Vice President / ,r:lnancial Center Manager Hire. train and motivate staff of 15 to become effective bankers .' Attained mortgage and consumer loan gro'vl/th of 125% to 175% ,. Develop and maintain positive business relationships and community contacts ,. Realized 100% goalllttainment for the pas1: four years .\MTRUST BANK. BO~I Raton, Florida .~oan Officer (3/97 - 11100) . Processed loans fror" origination to closin~1 . Produced $19 million in mortgages during ,:>ne 12-month period . Underwrote and approved authority for eqllity 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 l.oan Officer (11/92 - 6/93) .. Solicited builders. developers and realtors to originate loans .. Generated $15 million in mortgage from 1~:/92 to 6/93 CALIFORNIA FEDERAL SAVINGS & LOAN Branch Manager .. Created customer awareness by developing and implementing marketing programs and soliciting outsidEI business .. Branch consistently achieved over 100% ct prOduction gOClI:s ,",...JI"-,:",,,0'.i.','--V'-"--;'.~~;':~~;...!;t-.;;.3~~) .::::;....~::::- ,,- Atr=.. --:11';-- Rsu:hp-Inr nf Bu~iness Administration p~Rt'': B~p~ <:.0 Go \" v- AIl n ~.ica1!r. v ~ , v 1 't~~ CITY OF DELRAY BEACH ,/- 'II ,,~~~ \\ G\..~~OARD MEMBER APPLlCATION~ if 1993 V\~'{ 2001 ~J "}t/ ~ . V _ -4J~lrtlJ ~~/~' ***** -j 7/0 1 L MI. 2. Zip Code 3. Legal Residence: 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. CILIl (JL A: (l../) r . 8. List all City Boards on which you are cuo:endy 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: ~ cJ Note: This application will remain on file in the Gty 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. !(IMTVr.l .RR11'\ROAIITlIAJltIf.r....TION RESUME KATHERINE FAZIO 1118 Harbor Drive Delray Beach, Florida 33483 Home: 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: 912005 - 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. 612005-912005 Randolph T. Ely Delray Beach, FL Allmon, Tieman andEly Receptionist Worked part-time providing many administrative 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. 8/1981 - /1985 Baystate Financial Boston, 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 Boston, 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. 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: 912001 - Present Paul's Place After School Dekay Beach, FL Board Member and Volunteer 9/1999 - 912004 Mentor Big Brother Big Sister Delray Beach, FL Personal: Married with two grown children. Active community volunteer. Love to play tennis, golf, fish, travel and read CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION RECEIVED OCT 1 1 Z005 CIT~J, <t c ERK /of767 2. tate L &~ ~ate State 3. 4. FL Fax: 10. List any related professional certifications and licenses which you hold: . s apE. cation will remain on file in the City Clerk's Office for a period of 2 years from the date it was ub . ted. It will be the applicant's responsibility to ensure that a current application is on file. . SlCITYCI.ERK\BOARDIAPPLlCATION /fi6 JOSEPH E. FERRER 1420 North Swinton Avenue Delray Beach, FL 33444 (561) 276...8085 OBJECTIVE Provide administration leadership for a commercial or nonprofit organization to strengthen community / public image and fiscal position, through priority planning, innovative marketing and the establishment of private / public sector relationships. QUALIFICATIONS: & ,EXPERIENCE Thirty years of results,oriented experience, with expertise in the following areas: ** Administration Management Financial Analysis and Budgeting Business and Marketing Plan Development Capital Project Supervision Personnel Hiring and Training ** SUNSET ENTERTAINMENT GROUP, INC. Delray Beach, Florida 1997 ... Present President and Owner * Creative Management, Marketing and Production of the Performing Arts in . South Florida, with concerts at Florida Atlantic University, Coral Springs. City Centre, Royal Poinciana Playhouse, Delray Beach Tennis Center, EisseyThearer KraviS Center and Broward Performing Arts Center. Includes talent selection and programming, contract negotiations, advertising development, development of all print and support materials, public relations and technical coordination for artist's riders. * Marketing Coordination, Advertising Development and Ticket distribution for the Boca Museum of Art' Renoir Exhibit, 1999. * Business Administration and Marketing for an alternative health clinic, New Port Richey, FL. The staff included 10 medical doctors and 15 health support staff. * Developed and produced the Marketing and Fundraising Manual for the Florida Main Street, a program of the Bureau of Historical Preservation, State of Florida. This manual was distributed to over 80 MaiD. Street communities throughout the State. PALM BEACH POPS ~ Palm Beach, Florida FLORIDA SYMPHONIC POPS, INC. ~ Boca Raton, Florida 1992 ~ 1997 President and Chief Executive Officer * Overall business and fiscal administration of a non, profit cultural performing arts organization, including a 75'piece orchestra, 10 staff and 33 members volunteer Board of Directors. Refined playing standards of musicianship and participated in successful union negotiations. Supervised expansion, restructuring and adoption of new corporate by,laws. * Developed multi,year business plans to address goals of fiscal stability and revenue growth and negotiated and implemented finalized contracts for local and national talent within the guidelines established by regulatory agencies governing private, non, profit organizations. * Spearheaded master fund,raising structure for individual donations. Support groups, private foundation gifts, small business and corporate contributions. Wrote and presented grant requests for operational funding totaling over $750,000 annually. ZOOLOGICAL SOCIETY OF FLORIDA / MIAMI METRO ZOO Miami, Florida 1982 ~ 1992 ~ Executive Vice President, Director of Development * Managed staff of 63 and a 33,member volunteer board of directors. Ensured that the organization operated at peak productivity and conducted its financial affairs in accordance with standard business practices. . *, Fost-ered the society's expariSionfrom a gross revenue base of $200,000 in 1982 to more than $ 6 million in 1992, via development of a master fundraising structure for individuals, foundations, corporations and endowments. * Supervised more than $ 35 million in capital improvement projects at Metro Zoo, including bid negotiations for construction contracts, on,site management, and on,going maintenance programs. * Engineered membership expansion from 1,800 to more than 65,000, and established the Society as one of the region's premier non,profit organizations. BELCHER OIL COMPANY Miami, Florida 1980 .. 1982 Director of Public Relations and Government Affairs * Developed and implemented multimillion, dollar annual budgets and marketing plans encompassing public relations, corporate communications and advertising. * . Coordinated all media contacts, operating from terminals covering geographic area ranging from Boston, Ma, to Corpus Christi, TX. * Acted as liaison between federal and state legislators regarding matters concerning the oil industry. Maintained a positive and productive working relationship with regUlatory governing agencies. UNITED WAY Miami, FL; New York, NY; Washington, DC; Griffith, IN 1974 .. 1980 Senior Campaign Manager for Fundraising / Agency Development and Budgeting * Developed multimillion,dollar campaigns in four major metropolitan areas, working closely with volunteer boards and civic leaders to implement ambitious employee and corporate fund,raising programs. MEMBERSHIPS State of Florida Cultural Affairs Review Committee Public Relations Society of America Florida Press Association Board of Director of the Mental Health Association Florida Chamber "Task Force on Crime" Miami Crime Commission Commission on Race and Religion / Methodist Church National Association of Fund Raisers American Association of Zoos and Aquariums EDUCATION Indiana University, 1974, MS ' Public Affairs / Urban Planning Indiana University, 1972. BA, History REFERENCES Available upon request Bilingual.. Spanish MAY. - 25' 05lWED I 19: 55 BEAR STEARNS PF FLA TEL:561 362 4655 P. 002 5/~/61 ~004 ;//?c:l/J tl a-I (l1Ja!:J5{ RECEIVED MAY 2 6 2005 " CITY CLERK OS/lJ/05 FRI 11:13 FAX 561 143 3774 CITY CLERK OELAAY BEA.Oi . ~ " II , .. .. ... ... '" * 'll' mr 1993 2001 CITY OF DELRA Y BEACH BOARD MEMBER AP.PLICATION Plc:ase type or print the following ~fomu.tioD.; 1. UstNam.e: fi E72I : 2. Home Address: 20 S. oGt::.Af'J i3 L-J0 3. Lcg:U Residence.: (.H State Ft.- $~te M.L A- Zip Code 33<-fB3 Zip Code 4. . -2"2S r-lG: M \ -Z N ~ ~ i3uJ () S_ Home Phone: 'Business Phone: ~ ~Codc SS'tt32 'S'lE ~ E-'M:a.il Address: CeJI. Phone; Fax.: ($4 I . (072. 4$ 60 :Jf'e1Z.f<E"ar:.~ 13€),i _ (~L -:;:0 9- 1o(p8 7f-- S70 1 . ~,.n -; 49" City' 'BocA- (< A17>N St:atl:: 6. Ar.e you :i .tcgistCLed voter? e5" 7 . Wh;\c B02.Cd(s) uc you mtc.r(:Sccd in serving? Please lin in ard~ of pr;efualcc; f C,.O rY'\ M l.A r-1 L T\... ecp €:v ~ toPM~JJI &J\-rt..P j.ist:ill City Bo:u:ds on which you :U-c currentlj s~g or h:ivC ptcviqusly s~ed: (plea...'>e include d~tes) t::DU.C k1{D.s- ro~ 9- E:'" PI2-f1--:$"t:"NT 10. List. any related professiotW CeLti.fic.aUOD5 -m~ licenses which. you hold: <; '2 If:\: " S 3 11. Give yo~ present, or most recent. anployer, :and posici.o~ 'Be ~Q. I Sre.Af.2NS ~ c...o.' IN~ F'\NArJG\ A.\.... A$SOC~'p-~ '12. Describe apaiences, skills or knowledge 'WbiCh. qualify you fO seNe on this baaed. rl~~ ~""rh 1.l;>~.~r resume) ~AM E,:,f'il2-IEf'JQ;D vrrn-t CI<At"'N~ NCLSA.",h Iit't~ _-e~\Ilc.~'&.-t.SlY W'Ot2.K.eD ON D~~ /?E:Ac.t1 cny 0c>N-"> 1"..~Na N~~ MA\.:.IN<<: M~ PA(l..1\~Lol,-"e.L)' F.rrfVllt..\.~ Vol!:,,+, ,,1't:C c.....-t-ytS N~DS. .~ /Is $(r~<;LE . 'u<...~ ~CC~~'Of'l~.J.l;t~ 'H:.~ G'1eli~""'''-1;;. IN.Da..- r'her~b cerlify that ~ the :I.?ave. st2,teme:nt5 2.[1: au~ Uld I ~cc and un.dc:n;~nd tha.t 2!lY mbsst\tcment of Inl\tecial (:lea: in this l\pplic.acioo may C4u..~e forfciCl1I:e upon my p~ or a.o.y llppoin.trn~{ I au.y CCCo.ve. 6/1-:r 10'; '" r D.....TE. -:J ...~ l"'ote: This 2.pplicacioQ will1:cm,Un on .file in the' City Oak's Office for :t period of 2 yc:;us frOw. the dace it was submitte.d.. It will be me appliC1Jlt's 1:esponsibility to e'osuie' that 3.. CI.lJIefi( applica.ri.oa. is OD file. , S\01....Cl.J!/IJ:\.IlOJ.2IMIPuCIo..no... J..tf) 1\ \ ~ MAY. -25' 05lWEUl 19:55 EDUCA nON BEAR STEARNS PF FLA TEL:561 362 4655 P.003 JENNIFER ANNE FERRERI 1820 S. Ocean Blvd. Apt. 1 H . Delray Beach, Florida 33483 . (561) 707-6681 . jferreri@bear.com June 2005 EXPERIENCE Smith College Northampton, MA Bachelor of Arts in Government - GP A: 3.45 . Five College Certificate (SmitIVAmherstlUMASSJMt. Holyoke/HBJIlpshire College) Minor in International Relations . Relev8flt Course Work: International Relations, Seminar in Latin American Politics. International Economic Policy, Statistics. Macroeconomics 06/02.PTcs.:nt OI/01-{}6102 0110 )-{}6/02 Bear, Stearns & Co. Inc. Boca Raton, FL Associate - Public Finance Department . Performed financial analysis for mWlicipal issuers, generating debt service schedules, performing credit analysis. bond sizing and cash flow analyses utilizing both EllcelllIld DBC FinllIlce programs Reviewed bond documents for issuers, as well as performed final analyses at pricings · Designed PowerPoinr presentations for clients utilizing rechnical. research and writing skills · Designed financing plans for municipal issuen; based on ours tanding debt IUld market exposurc . Participated and assisted in presenting details financial analysis [0 clients emplo)'ing public speaking skills · Performed legislative ond legal research for fmancings involving different pledges of security Responsible tor Requests for Proposals. using both MS Word. PowerPoint and Ellcel employing time management and writing skills Raymond James &: Associates, Inc:. Delray Beach. FL Financial Analyst - Public Finaoce DepartmentlWltin American Structured Finance Group · Genemted debt service schedules, bond sizing and cash flow anal}t"es for municipal financings. using Excel and Munex Finance progmms · Reviewed bond documents for issuers and performed technical analyses for pricings · Responsible for Requests for Proposals. using both MS Word, PowerPoint and Excel employing timo manasement and writing skills . Translated contracts, financials, coJTespondence ond proposals from Spanish to English . Composed all international correspondence regarding b1m9Bctions · Ast1isted in translation during meetings with Spanish speaking clients Munlclpalldad de Cordoba Cordoba, ARG intern- La Promocion SociaUSecretario de Derecho6 Humanos · Worked with the Secretariat of Htmlan Rights helping to implement new human rights education prognun for elementBry school children · Attended prognun meetings with elcmenlBry achool teaeherti and program tacilitators · Worked with the Office of Social Investigation and Project Evaluation investigating the cause$ of city- wide poverty · Tnmscribed interviews in Spanish and performed various adminislnltive duties for office SKlLLSIINTERESTS Comput:er: DBC Finance, MUNEX, SPSS. Microsoft beollWordIPowerPointlOutlook. Windows XP,ME Language: Extensive Knowledge of Spanish Licensing: Series 7, Series 53. Series 63 HONORS/ACTIVITIES Education Advisory Bond Member, City of Delray Beach - August 2004-Present · Habitat for Humanity. 2004-2005 . Voter Mobilization Volunteer. Fall 2004 · International Baa:alaureate Graduate, Atlantic High Schoo11996 · Government Department Liaison, Smith College OflJU.V B'F.AC]-i ~ ;qr~ 1993 2001 Hug. 04 200~%~!i}l <?/ '-If! CITY OF DELRAY BEACH E.CE,\\JE.O BOARD MEMBER APPLICATIOI{ b 'l.~~~ . ~\\G - '/... v C\..a~ ' C\\l . FA:": 110. : 5612660746 U 1"1: C Ll:l{l\ =-1=<'0\'1 : GER-'::;HJ I U~/ l/.:j,.' ');:\ Hl'. 1.;: ;J;J t'AJ t>lll ~iI:.J~t'l1l )- ~OD1e Phone: . is hi J,-(,/, 060Y' 6_ .ALe you II. .t:egi.ste.red VOLet? B~ess :PAone: M.L -I City 3. Lcg2l Residence; City 4. City State Zi,r Co& E-M.2.il.Ad~ 7. W'hat BOu:d(3) 4U~ you interest in scrvicg? Pl.t::;tsc list in ~J:det" .)~ pceftt-el.1ce: .' frlVtf C Vlr7rn ; e-S . . . '. 8. Ust an City Board~ O(] which you :are cua:~dy s~g Of hll.v~ prc.musly :U:rYed; (P~ .indwk datl$) r/ OW ~;;:~ ~C41iO~Il; !fl b to. Ust any %e]atcd pzofl!!llsioDRl cettific.a.tioos lll9.liectJ5CIS which. YOu hold: 11. Give YOW: pms~t,. or m.0iSt recent caipIoye~ and posicicn.: 12.. I:>~cribc apedeDCC$. d:ill. OE kno'ltlieClgc whiCh qualifY you to:save ~1.l this 0lUd: (ple:ue::unch ~ bcid'rcsumc) )/;)~ .f!;. . alJp1icaciQn ~ I:~ onfi1e in tb.c Cily Qc:di::"s Offioe for 2. peaod oi 2 Yeu!> from the chtc it ~ bDlit!t:<<l.lt will be the applicmt:':; resl?o.osibtlity to Cnsurc.tb:.u: a. current 3ppJj~on is OQ file. . ~~"""""'1'I'UC\'DOtI OElRAY BEAm '"~*.OA ***** . ~~SD CITY OF DELRAY BEACH R€.G~,~' ' BOARD MEMBER APPLICATION ~~R \ 4 'l.\)\)~. < err'! c'-~~~ All-J8IedcaCily 'III J! 1993 2001 2. infonnation: 1. M.l. f;kAcf! 3. 5. Home Phone: 56!) d7:A'~1fg~ 6. a~ Sm~ El-RAj 8%f7ci/ H- Cell Phone: @ J't;Jd.)J'rl() d '7 e/'()// fue you a registered voter? r rr If so, here ar<;.you registered? -. -r: L:::"..:> LJ.06C. P/?I::C /NCI -EJ1#I1Nt/.f-L. CA/fbL1c 7. What Board(s) are you interested in serving? Please list in order of preference: .- 11 C IV/L... 'E. ICE" . fV/tJw/l/ 1./7 AM 'P Zip Code 4. Principal Business Address: IfJO.5 tv. mLfJrJT;C fJVE. Business Phone: S6/) d/j. 'r/oJ J:JIj'lS . Fax: 8. List all City Boards on which you are currendy serving or have previously served: (please include dates) - A/.bS C) F ::t>E j. ~Il - Vllllc E 'OJ.. e cfllilP-, 11. Give your present, or most recent employer, and position: ~). 0 PRo E. 7:13 Li-c... 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) C /J fi IE..ZJ . 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. 1'7~ <9 :JPJBb ~'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. r S'ClTYCLERKIBOARDIAl'I'LICA11ON I-m ,( 3 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. .-' 11/16/04 ruE 10;11 FAX .561 24:J .17;4 FAX ~n. :5612785626 I , CITY CLERK Hov. 18 2004 03: 38Pf'l P1 =-ROI'l : TROUSERS hOP . COI'I OEUlAY IlfACH .. .. ., ... I . " ~S!! '111': ~~~ 7i//~~7r '.. '. ;:1elzv' CITY OF DELRA Y BEACH' BOARD MEMBER APPLICATION 1993 2001 !. I"~ I s~ State I I I . 8. t.in ~ Ci'l:}: Boards o~....\>h;eh you:. Jl1'e ~l~ttcnrl:t. ~e~g or hav~ previc.=ly secye~; JPlea$e indude})B~II) , I j <) . ~~ ~~ I to. ~t any related professioo21 ~ri:6.Qtions and lic~.nse3 w~chyou b..o!d: 11, Give j'f)ut present. 0(" most recrployCJ:, and poW:i.on~ C;>t 0_' 'A.~r <2 .. \==R0~ 1 ; i I J ote; nrl4 J!.pplicanonremain on file in the City.CkL~''$ Office for a period of2 years iittV-ED submitt>:d. It 'Will be t..ltE; applicl1ut's respon,m,ilir/ to cn$UXe that a. '':uuent appJicuio.Q is on 1ile. fflJlf-;;~C"'i}O}1 RECEIVED' NOV 1 8 .2004 CITY CLERK . CITY CLERK JHII-01-1900 02 : lJ-l P. 02 O-l . ;- ,-~o Uti -, .,;,-- : ~ 1993 2001 CITY OF DI!LRAY 8EAC~EGE'VED BOARD MEMBER APPLICATIY~ 061.006 C\T'f CL R" II ~ M... Name Gf/R City, /J tf3 CL'- 1< <. 't~~, City .<)~~ ~~- ,$--<(/""'- ,e_.__--- I< Zip Code ]"3~ 3 J ~ iR Code Please e or rint the foUowin information: 1. Last Name: Go Lp ~H-t<.i. 2. Home Address: . LJ. :<,~ c! C 01.11"'-; 3. Legal Residence: H, 4. Principal Business Address: SO'! CG5r- /-}.~-jt'ih.'-f) '(.. /1vc. Cir.y DJ/'iT g-{.~~ State S. Home Phone: Business Phone: E-Mail Address: Sl.1- '1rs:- Cj3) 6. Date of Birth II ~/.s9 .5l J -. 33 i> .-.1.0 33 i. 7. Are you a registered voter? Cell Phone: ..s'4} - Fax: 7/~ - ..J.7.f c5 ~ 12pJi)'~ . 8. What Boucl(s) are you interested in se g? Plea...e list in order of preference: f)'p A - eRA Ot' -- /.y,'A.~-t // -/ c... . 9. List all City Boards on which you -are currendy serving or have previously setved: (please include dates) 'If _.' l'o _ . ,. ~ n -<". J i. .j..:. T... /1 f, A ,-,,'I.._~. ~. .:' 10. Educational qualification..: If I o? ~-,' .: S, ,~ (/ rf' ..) .::..k,;v 11. J...1St any related professional certifications and licenses which you hold: I}I.\~ 12. Give your present,. or mOst recent employer. and position: /lI t-J.4(. ..; -:ftlJL r' 3 (. e. 1'1 S:': /.- -~ <~ ~ I,)L r': j' c~"- ~f )[.iI {/ 1 .:. 13. Describe exper.iences. skills or knowledge which qualify you to serve on this board (please an3ch a brief resume) above statemems are true. and I agree and understand that any misstat(~ent of material facts n may' c; se foneiture upon my part: of any appoinm1ent I may- receive. / -) I / . . / //. ,/,., It~ /;< L( U (.. DATE I f '.. . T. am on fue in the City Clerk's Office for a period of 2 y~ from the d-ate it was ." .1 "', . ., l' . . ,-. Note: JHtHJl-1900 02:0-l P.03 O-l Gal')' Goldfarb 49-43 N;W. 23"'. Court Boca Raton, Fl. 33431 561-995-6831 #1 Pl"Ofessionul E:qlericott. 1003 - present: The U.S. Military Uniform Musewn Exhibit 2003 - present. Owner and Cucitor of amhentic United Stales Military Unifonns and Accessories from Ihe Civil War 10 1902. Exhibit is located 011 (he second floor of Atlantic Antique Man I.nc_ 50~ F..asl AtJantic Ave, COJJecrof for over 25 years. 2002 - prescnt: Atlantic Antique Mall Inc. Ow-tler and president of leasing, management: and sales to over 100 antique and COllt..'Clible exhibitors located at 504 F.ast Atlantic Ave. 1980 - prescnt: New England Stereo 1nc. Owner and President. Retail Sriles and InstalJation of Cellular Phones. Car Audio, Pagers and Assonc4 Accessories. 19&5 -.2004: Nev. England CelJuJar Corp. Owner and President. The Wholc:>alc of Cellular Phones, Car Audio and Accessories. 1995 -1999: New Engbmd Car and Stereo New York hlC. Owner and Preside.n1. Retail Sales and Installation of Cellular Phones, Car Audio, Pagers and Assol1ed Accessories. 1 ~)94 - ] 999: SignalllfC Security Sysrems Inc. Owner and Vice President. Retail Sales and InstaJlauon o[Home and Business Security Systems and Video SUlveiJlancc. 1985 - I ~Y9: Mobile LifeSlylcs Fnmchise Corporation (New England Stereo Franchise Corporation). Owner and Vice Presidem. franchising of Cellular PJ)onc and Car Audio Retail Stores. #2 Educatioll. Graduated Sharon High School 1977. Graduated The Nev.' England SchooJ of Mechanical Dentistry, Boston Ma. #3 OrgaqizlltioDS. 2006 - Present: The Presen'e Homeowners Association Board of DircClors. 2003 - Presenl: Pine Crest School, Fori Lauderdale and Boca R3lon campuses. Board of Advisors. 2003 - Present: Building and Ground Committee Pille Crest School, FoIt Lauderdale and Boca Riton campuses. 2003 - 2004: Capital Campaign Committee Pine Cresl School, Fort Lauderdale and Boca Raton campuses. 2003 - 2005: Aragon Condominium 2494 South Ocean Blvd. Board ofDircclors. 2003 - 2004: Downtown Merchanls and Business Association board (DMBA), JHII-IJ1-1'300 02: 05 !-'.O--l l)--I Delld)' Beach, Florida. 1996 - 1998: ramilies First Cambridge Ma. Board of Advisors. 1991 ... 1992: Sony Corporation. Newton Ma. (New England Branch) RC1.-ulBoard of Advisors for Car Audio. #4 Additional CommeDt:l. Development of a large retail and wholesale operation in New England of Cellular Phoncs. J>(lgep.; and ear audio (as many as 70 locations and over 200 employees). Sold all Rerail Locations (as well as the wholesale division) in 1999. Tn 2000 relocated from Boston to Floridl. Aw;uded National as well as Regional Retail Marketing Awards from such companies as Sony. Blaupunkt, Proton. Clarion. Nackamichi. Yamaha, CingubJr Wireless and Code Alana fr /~.~ --' f.?- 1Z<-1 oj ~..5 -r ! TOTHL F'. 0--1 DRRAY BEACH , 1 0'. . . '" ***** "" , I ItaCIJ "IIJ! 1993 2001 1. infonnation: CITY OFDELRAY BEACH (!J'Ilo~ BOARD MEMBER APPLICNlHlllEI~E~D NOV Of 2006 LERK MI. t. 7i... Cod ~:1"#-~S Zip Code State I State 2. l.f) rJ(; 3. 4. Principal Business Address: ~ ~ <SI..D ~ ~'\JG City 1k( State &~ ~l Zip Code ~3'-l\.f<-{ 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: ...... $b, - 3SO-ob ~ I b) - ~ I OJ 111 ft,b- r(.U (Sl{lJrm II 7. Are you a registered voter? If so, where are you registered? (6J()\ & ACh C()..J N Fax: So.!) ~() I Z. C, \ '3 -b -0 S 8. -- . l-IORJ DA ). to. Educationalqualificatio ~ 11. List any related professional certifications and licenses which you hold: eo - .. '-" :,' 13. Describe experiences, skills or 1m wledge 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 contained ~lication may cause forfeiture upon my part of any appointment I may m:eive. ~ ~ . IQ.!,t.ah SIGNA DATE Note: This application will remain on file in the City Oerk:'s Office for a period of 2 years from the date it was submitted. It will be the applicanfs responsibility to ensure that a current application is on file. ANaELErA EL1INa arAV Top Notch Building 85 S.W. 5" Avenue Delray Beach, FL 33ctctct 2511 561-243-7919 Angeegr@bellsouth.net ~ Is to serve on the Community Redevelopment Agency's board. I am a proud business owner, in the downtown newly renovated NWISW 5" Ave business district. For the past 31 years I have resided in Delray Beach and watched its' progress from the eyes of a child, young adult, parent and a business owner. My desire is to continue the positive progress while keeping the residents property rights and concerns in balance. . Q~ OwnerlMangerlHair Designer of Top Notch Beauty Spa & Suites licensed cosmetologist for 18 years. Salon owner of full service Spa for 14 years Manage the daily operations. p......l L:.e.".. License Cosmetologist, State of Florida - since 1989 ~NA~ Atlantic High School, Delray Beach, .FL - 1983 Grambling State University, Grambling, LA 1983-1984 Wilford Academy, New York. NY -1984-1985 Cosmetology, 900 Hours South Tech, Cosmetology Department, Boynton Beach, FL- Graduated 1989 Advance Classes Dudley Cosmetology University, NC -1991 Mizani Advance Hair Color - 1997 Advanced Cosmetology & Hair DesIgn Classes, Atlanta, GA -1989-2006 Grund Advance Hair Cutting & Business Management Orlando, FL - 2005 Tranquility Salon Management Orlando, FL - 2005 inspiring Champions Business Management Ortando, FL San Diego, CA 2004-2005 R~~ Being in the redevelopment or target area, I have received grant monies and, I do understand some of the P!()CeSS and hard work that it takes to get projects completed. I have built a new building in the SWINW 5th Ave business disbict. My building houses spa and salon services which is one of the businesses desaibed in the SW/NW neighborhood plan developed by the residents in this neighborhood. ~ E.tt,t.l~ Through the city of Delray Beach's' Unity Collaborative, I attended one of the -Of a more perfect union- Study circles this year. This year I participated with tile Roots SUmmer festival series. " In 2003, I volunteered at Pompey Park and held a volley ball training workshop for young ladies from 8 to'18. Near the end of the session some of the young men at Pompey had expressed an Interest in learning the game as well, so I started a session for them as well. Through my tennis training at Pompey park, I became a UST A ranked player as a teenager. This enhanced my tournament competing at Atlantic High School and earned me a college scholarship. I have experience as a youth director at my church, Sl John PrImitive Baptist on N.W. 6" Avenue. ~ A_~f/.t U,... r".-Itt ***** c- .. ~ ArI~ &f CITY OF DELRAY BEACHRE.C~"VF fG BOARD MEMBER APPLICATI~ \ f', 1\\\\fl "-.1 ~:r\\Z C \\"1' Iv l...,.... . mr 1993 2001 Please .tint the followin information: 1. Last Name: Name MI. 2. Home Address: / 3' 3. Levi Residence: r 6 Zip Code :) Zip Code 33~VS- Zi~ Code 4. 5. Home Phone: . Business Phone: E-Mail Address: Cell Phone: Fax: Lit:: 6/.,.s- 6. Are you a .registered voter? Q-t .<Z- I- 7. What Board(s) are you interested in serving? Please list in order of preference: Be.? 8. List all City Boards on which you are currently serving or have previously served: (please include dates) ./. 11. Give yo~ present, or most recent employer, and position: CA;c ~ <0 . 12 Describe exp . ences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) bLH ~ J<., 'P5h $_. I hereby certify that all the ahov tements are true, and I agree and understand that any misstatement of materW facts "cation may cause forfeiture upon my Par:t of any appointment I may receive. . DA~/o ~/o r- SIGNA iote: 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\CITYa..J!RDBOAUMPrUCAnON lint L..., L....~I~,_' ..&.L......-"'- ""-"-."&'.1 .... I'..AI..-Il~ I V~,~~/U~ ll~ 11:1~ ~'^^ ~G~ Z4J ~/~4 -........ '''('''ilY t:lJ:JU\ n. -"'''-",L 1..-'_' _" I I. I .--' -~007 DIUAY BEACH ~ ~City "III! . 1993 . 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION sf91!d1 RECF;VED 3_ NlJme ~e..o'{" €- Ci~~. ~~ City Zi Code ~l ?J 44'1 Zip Code infOJmJlciou: sr=L. S~tc 4. City State Zip Code B-M2il: Address: Cell Phone: Gev.,M6~O~Uf4~~. :-Zj)'1U-035Ji .t~ 'pJ:ofessiooal q+tifiatton8 a.nd.licenses which you hold: ie--Fli?!/ceu.ce f-rvwt, 1 -4uror. osition: '12. ~aibe aper:leoccs. s . Se 0 tt~ c- tt 1 hacby certify that:all me ~QVC: stllWnco.U are true. ~Ild I :aen:e and unden;o.nd du.1: ~y [njp;tau:m.ent of ~c.-ft.,.1 ~ ,ont>IDed ;" <hb appli<oo"" nny ~"'" Eona""'" "1''''' "'n"''' of my ~-.,.I 1 <<ai<~ ~ .. . ~:4()..f SICNI\ - DAm Note: This 2.ppliaabon wili. I:eI:IWu on file in the City O<::.dc:"s Office fm: 2. period of2 ~ from the d3.te it was $ubwitted. It wm. be tbe ~plia.nt:'s .J:espons.ib~cy to eUsuie- ~ 2. a.ur.ent. application is on file. !loCIl"raJ!b)eO/oI'lIlW'lI.lICAItOll tll1 ,1/3 U~/l~/~UU~ lb:31 3bl:":b3.:l:":b~lJ1313 U....l t' AI*- 1.13 (jeoPfje rf!aJO JoneJ Ph::b PO BOX 7006 BOCA NATON, Fl3343/ E-mail: GeorgeMaso@webtv.nec r elephone (S61 ):165.326-1 T defax (561)265.3284 March 5. 10 City Of De1ray Beach Cit:.; Clerk's Office' 100 NW 1 \I A venue Delray Beach) FL 33444 Dear Sir/Madame: Attached please find a completed Board Member Application. It is my intention and desire to serve on the ConmltUliry Redevelopment Association (CRA) board, As ~ent for Juan Rodriguez and representing him with regard to his property located on West Atlantic Avenue, I have been an active melnberof the community for the past elevep. years.. nu"ough this involvement, as you know, I have served 011 various boards and committees. and have enjoyed witnessing and being a 'Part of the successfu.l redevelopment of Atlantic A venue. With that said, I feel that there is 1ll01"e work to be done in this redevelopment, through my involveinent and the friendships I have made) I have developed a passion fot the Avenue and its people. I believe that my professional experience, as described on my reswne, along with my conununity involvement in Delray, uniquely qualify me ro serve as a board member oftheCRA. I <Un contident that together we can . complete the vision of Atlantic Avenue. C otdiall)', .. .... j ... - . . PWD.UlW P03 . RESUME GEORGE MAS0.10NES~ _.. . ... EDUCATION: . Und.rgraduat. Dear.. In Law University ot Urugul}' Ph.D In Sodal Sdene. University 01 Uru$ua)' Post Doctoral Studf.. 11'\ the areas of Business Administration, International Bankinc, foreign Relations, Communfeation$, MarICtting,Medt., PubUcity, and SaltJ Promotion. . \\. 1 nonsSIoNAL APFJLIA nONS: . , . . Forelan Pres. Cent.r of New York, Member mt.rnational Press ASSodatlon,Presfd.nt-1973.7S UoftJ Club International ASlodatfon/Board of Directors Charter Pr.sident ofUnittd NationJ LIons Club..t9" Lat!n Amerleln Federation of Public Rel.tions, Member of Soard Ul\fversIty..~ IllinOif, Chicago, nIinofs.Cepartment of Criminal Justice Cuest~cturer. J10rida Atlantfe University, !OCI laton, Florida-lnternotionaJ Trad. Sp.el.HJ!, Counselor . . LANGUAGE FLUENCY: . hallah, 'rench, Italian, Porturuesl, Spanish PltOnsSIONAL EXPERIENCE: AI con.ultant, advl.o" evaluator,. nesotlator, and Irnpatementor with ~tenJ!Y' al\d dlviul!fld experltnct In both public and private sector, in the Middle Eut, 1='ar East, lurop" North America, and Latin America \vith, for and Oft bthalf of clients Involvld In International business ventur~s. .' ( ; . i ( ( . ..u""t/Ceora' M.uo lo!\c. -PI 2 Ar.a. of .xperlene. and t)(pertiSf afe weU grounded and iden:ified in International finance, banking, International-bartering, in~ernaHo~aI trade, eommerc., d.veloper 01 Industrial profectt and cpmmafcial contracts. Troubl. .hooter for government. .nd independent business in important .witIv. and'deUclte ar.u. . ... . . . PROFESSION A.t ISTEttNA riONAL INVOL VE~iENT: . Aui.ted In putting tog.ther tiRtiPA~OL aroup .betwetn Uruguay, Paraguay Ind BolivIa. . Collaborated andd.veloptdorlginaJ scheme an.d implemented .am. Npresentins the governmentol ~r\lauay. . Personal advisor to BoUvl.n Pre.ldent Barrientos. Arrang.d financing and supplied 5000 tractors to a6\1.rnm~nt 0180llvla by Titan Tractor,Corpora:lon, Ntw York. .- , . . Coordinated and implement.d a proJ~et of h~u.sinl and apartment complexes lor the Munlc:lpality of Monttvid.o, lJr\1lU~ay. Over.8 period of five years, mon than 80,000 p.rson. wet. able to .upgrade theirhol.lsing standards lln4 '.rsonaJ Uv1ni conditions. Thi. project was . Joint efCort bet'.Yeen Inter Am.rfc:an DeveJopmantBank and thl City 01 Montevideo. . . Rtpruentatlv. oll1ruluay to l1NBSC9 Paris, Fran~e. Conducted a:eP\inars in JournaUsm, maucommunlcation and media strategies. . : . ,. ., ".presentatlv. ollXPO 70 Osaka, lapa~. Ltd prIvate and official sectors. · Publisher of N.~.pap.r IxntA for "EcUdone. Orientale. Cooperatl\'1 ',rlodl,tiea" Mont.vl.deo, Uru,uay_ . . Speda! advisor to Dr. Jos. Mora Otero, Minister 01 Foreign Affairs, Uruguay. . UnU.cl Nation., NYC . Information and press advisor to lovernment of Urusuay. Special Advisor to Amb..s~~dor of Vruguay to the United Nations. -. . . . ~ .. .. . ..... '~.umt"~"&' Muo Jotu.PI 3 . Sp.eiaJ appointed r..gotiuor lor barter of Uruguay sheep/mutton (or Kuwait erut!t 011. Concluded and implemented two cQntracts in 1978 and 19~'9. Negotiated joInt Venture (or produetlon o.f antl-poUution chemicals bet\,,'een Crant Chemical Corporation, New lersry..at\d Brazil (PetrQbras). , Negotiated d...UnJution plant contracts, between Buz1lian Covernment and ., . Royal Commission C]ubal1)J(in,dom of Saudi Arabia. Plant completed and Oft ,tr.am ift Jun. 1981. . , .: . Central ftaur.1n d.v.lopinS 10)000 unit apartment house project lor the Murtld~.Iity of Cuayaquil, Ecuador (Banco de "II Vivienda): . Speel.l assisnm.nt with ITEL Corporatlo%'\, San Frandsco, California in eor\Ju"~tfon with M,~fcan 'Cov,rnmeru (CON.ASUPO) to locate at\o retrieve 264 laHrOld box cars which had.~been misling f~r two )'ears ~n Mexf co. Sp.clal con.ultant to Prtside~t RoIdOl oI.ieuJdor to arun8.~ barter betwee~ Ecuador and India. . .; ~ lrrang. tor Halood product. of Mitsui Corpo~.tlon, OS.Aka, Japan by Trans.o- J:i.h Company,NYC for tomprthe~ive U.S. cUstriQution , . . · Arranged financlna for AMESA, Uruguay, for Its lugar refinery. .(USD 27 MUHon, eOft\pJettd 1n thre. phues). Also A~fESA, Uruguay have arranged USO 12 millton loa" with OPIC, V(ashlnaton, ~'DC luarante.!. This transaction wu eompl.ttd wlthlftli:.t quart.r of 19,86. . \. 0# . Int.rtee S.A., .p~eI.1 con.ultant to luzU, Argentina and Uruguay in' Il\t..pnational flnane., ~ankln" fr.. trade ~ot\", 'or the new common market. '. . Spada! advisor to the Cz.ch Rtp1.lbIlc In the ir... of International Sinking, Iftt.rnltional rrad., and International ltelations with latln America. .. ( . , . .. .. , ***** .<ow t;"b~~A/") OB.RAY B'EACH . t. 0 .. . . A AII-America City , , " J! 1993 . 2001 CITY OF DELRA Y BEACH BOARD MEMBER APPLICATION information: City 1. 2. H9fD:e AddrJSs: .F({)J /t.Al 3. Legal Residence: N7tPN/l1L1J City '::: W 1 Jt.TII 4. Zip Code l. 3311'1 Fax: 5"1.t>/- . ~'1-R/~ 8. rfM V All V~ 9. --: e a 'Ve statements are true, and I agree and understand that any misstatement of material facts may cause forfeiture upon my P:u:t of any appointment I may receive. . CJ(P- tJ (p -,t?..)- SlGNA: DATE J .l,,6te: 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 wiIlbe the applicant's responsibility to ensure' that a CUttent application is on file. . . S'aIYQ.I!U.\BOA1UMPfl.ICAnON LKJl((~ Leonard B. Mitchell 6563 Rainwood Cove Ln Lake Worth F133463 (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 departmental/district 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. Supervised 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 US. Army Officer Basic Course, Ft. Benjamin Harrison (Ind~) March, 1977. United States Army Infantry School-Ft. Benning,Ga Deputy Chief of Personnel 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 UF 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 Service: 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). ChiefJamesP. 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', / ~O/UO TUti 11: 4... !"AA 5tnZ433774 CITY CLERK ~002' ORRAY BEACH - 1 , Ill! 1993 2001 CITY OF DELRAY BEACH RECEIVED BOARD MEMBER APPLICATION JUl2 7 2006 C'TY C EftK . ~ W M.L 1. 2. 3. 4. ~6E 5. 'L~ It statements arc tme., and I ~ee and lmdas that any misstatement of material facts may cause foficlnuc upon my pan of any 'P:fltp;vt, Note: This application win remain on file in the City Oexk's OffiCe for a period of 2 years from the da.tc it was submitted. It will be the applicant's respoOSlbility to ensure that a current application is on file. With over 25 years of experience in the Real Estate industry, including over 20 years of portfolio management and development experience, I understand what investors are looking for in property. From setting your investment goals, criteria and risk tolerance to finding the property to fulfill those needs and assisting in the due diligence studies, I have the knowledge, experience and contacts to complete all of the details necessary to fulfill your real estate needs. Based in Delray Beach, Florida, I specialize in the Southeast Florida markets and have clients throughout the country looking to invest in the area. Are you looking for a good investment opportunity or looking to sell or exchange a portion of your real estate portfolio? Call me for the expertise necessary to help and guide you through the process. It will be my pleasure to assist you in realizing your investment goals. Christina Morrison BUSINESS HISTORY Christina Morrison is a Licensed Florida Real Estate Broker and a Certified Property Manager (CPM). She has been active in the real estate industry for over 25 years; her areas of expertise include acquisitions, development, change of use and conversions, property management, sales and leasing, training, and all phases of real estate marketing. Chris is currently a Broker,Associate with Balistreri Realty in Delray Beach, Florida, specializing in condominium, waterfront, and investment properties. Until July, 2001, Chris was the Director of Property Management for the Southern Division of the Pennsylvania Real Estate Investment Trust (PREIT), a publicly, traded company based in Philadelphia, Pennsylvania. Her duties included the supervision of apartment portfolios ranging from 2300 to 3100 units in several states, the successful re,development of three apartment properties, and the authoring of the company's Policies and Procedures Manual and various training seminars on Leasing, Fair Housing and Safety. Prior to joining PREI'f, Chris was National Marketing and Training Director for Regency Windsor Companies, an apartment development and management firm based in Vero Beach, Florida. Chris' responsibilities with Regency Windsor included the analysis, development, and coordination of marketing activities for all properties managed by Regency Windsor, encompassing over 12,000 apartment homes in eight states, the development and implementation of various training programs for all Managers and Leasing Consultants, and the design and implementation of marketing and leasing campaigns for two new properties. Chris is a graduate of Penn State University and is a Past President of the Institute of Real Estate Management, Southeast Florida and Delaware Valley Chapters, and was a member of the National Governing Council for The Institute. Chris is also a member of the Site Plan Review and Appearance Board (SPRAB) for the City of Delray Beach and is an active member of the Delray Beach Chamber of Commerce. In her spare time, Chris donates her time to the Delray Beach Food Bank and Caring Kitchen and enjoys traveling, scuba diving and the Southeast Florida lifestyle. Visit my website at www.ChristinaMorrison.com "0 ~T '[ n 7"'[,., '\'''~ T;1,,~ " J \ -c ~ : ~~. , ~~.~ i' f1-., ~ I '.(~,,'~' OJ," "", "J<U'"", IE 1[~ r "-p 13 C~i\~':\ll::: IAL IJ.lAA"~ ~RRJSON (PM, Broker-Associate Direct 561 573.7083 ChristinaMorrison@adelphia.net U~/~J/~UU~ ~~.LL _..;U~LVJU~~~,. JT~1 'J;:'. .. 0: 'J ~ .. LV .1. t . .). t.~.a. :) G 1. . iJ ..l . ... OltMY B~t1 ~ "llr j.I'-If.... I -'"<LII -Lt-.: I I PJI_,r.ll CITY CLERK CITY OF DELRA Y B'EACH BOARD MEMBER APPLICATION 1~3 2001 .rleiL,e typt: Of p~t tll.e following .inf(J~Aon:__ 1. J..-ut Na:~ __ ~~JX~~~ 3. ~ Rc:sid(".nee-c ~~_Pts~ . <l PrincipaL~. dd"",,, ~ C" )..4..... R . ( Q " ~. \~.a.~ . ~ . .t 9'> _ . l- s. U'>me PhOQ(": BllsioC3~ . hoo.c.~ E-Mail.Addl.es:j;: 5t.l:1,~.~~ _. _~ 1= yowc<~t<C.a 90"'? '{..t:{- If '~C<i'"i~ ~tc<-e;;.<L-l.... 7 'fyn.. ~Ollr.i[ <\ "rr -~" ;.....~.._.-._<1 ;-. ~_"'. 14;.+.... .J"..;!......., I: ....'iC~~o.c:"'. .'--=~:-...L~~ -'r-~ QNM'" ~;"}oO~' C~<< . "&:--tIn ~ City D~llCds-~' wb.i.ch y~- ~~~d.y '~~g or h<\-vc prrn.oU31y ]ClTCd.: (pl~~ indooe dares) ,iff) " / h ."'='UL UL ~'):r~ J jJ/lJ/YeiIj r-<y/-fT ,; tlI(O'/ HECEI\/ED MQR Property Management, Inc. . - .- . . - . - . . :F'mp*rty M."""rtl.nL"~. , Page 1 of3 ),tlanagemcnt 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, Florida 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 compatible with 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://mormanagement.comlbio_obrien.htm 3/2412003 MOR Property Management, Inc. Page 2 {)f 3 Coral Gables, Fk>rida Vice-President Responsibilities included the management -ofan existing portfolio of Commercial Real Estate properties, Investment Sales; Syndication of New Partnerships and coordinating the fonnation of Rew Joint Venture projects for the Codina Group and its affiliates. 1988-1996 PFK Realty Services, ,inc. Fort Lauderdale, F~orida Partner Director of Management, Leasing and Marketing. for PFK Reatty Services, Jnc. (PJeasesee attached Curriculum Vrtae). 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. Responsibirrties included the management, leasing and marketing activities for a regional Commercial Real Estate developer hi South Florida with over 1,000,000 square feet of Commercial space either existing or under construction. Additional responsibitities included the long-range planning for the management, leasing and marketing of future Commercial. Industrial & Retail Developments, as well as the oversight of aU Tenant Improvement Construction projects. Johnstown American Companies Consolidated Capital, Inc. Atlanta, Georgia Vice-President Director of Management,' L-easingand Marketing and Tenant Impmvement Construction, Boston, Massachusetts's -regional office. Responsibilities ~ncluded over 1,000,000 square feet of Office I Retail space located in Massachusetts, Tennessee, Connecticut, Michigan and Georgia. Personal: Reaf :EState8roker" Massachusetts ReatEstate Salesperson, FJorida B.O.MA. Past President, South Florida Chapter Education: ,- Milton Academy, Milton, Massachusetts TrinityCotlege, Hartford, Connecticut SA History http://mormanagement.comIbio..,..obrien.htm. 3/24/2003 05/18/06 THU 09:12 FAX 561 2i9 0369 USTRAVEL .il"Ol 1,. /1J.f(< , ,~/0/1 .:'. :: ..~C~''4\?tt' f\.. .. . .. .'... ...~\\~ .. " "" 1r. . '~~Y;L~~~; ... C\1\{ '-J'.. . .' .; PEutAY B~CH" ..... 'Ie '1993 . :ZOO1 ..'.. 'Please- type .or ~t:be folloWiniuuoDIl2non: .}. La8~ NiIllIC:: Peltzie '. "CITYOF:OELRAY.BEACH' , 'SO'ARI)'MEMB'ER:APPLI'CATI:ON" 2.. Home Address: . . 2260 Rabbit- HoIlowe Circle ],.LcgaIResidencc: . !=:;a'mA. 4. P.cincipal BlUin~ll AddJ:c:""; " Name Kenneth' " City Deimy Beach City ..' '. "'}..L[. . StrlttL . 'Zip (3ode-: .' : 33445" Zip Code.. ..' . . St"Are c:; .' -'-~,_..,,_..:..:..._.-:,,;::.;-:.., .. State Zip'Code'. '.::f~~i:is~;?4~t;:}:~~, l~~F./?;~.~_:.: .. ' .. .~ - .. ~..:. .5: ..:,:Homc I'bonc: . Busin= Phone: E-M1o.il Address: . .. c:.r.ll1?~~"f';'[ _~I Fir.. kpeltzie@yahoo.com" l ;jb.ts~a611 .~,:,::. : " I " 561-4984764' ..:..2'.:c..:,,::-..... ........... 6. Ate:you'il.rclrisrerM vQter? .' , YeS' oer.ay.Beach~ Florid.a. whatB<nrd( s) are you in~es(ed in se-r:Vingt PICl5e list in' order: of p.ccfwmcc: If so, wher.e are .you regjS[e.ted? .'7.; Downtown Development Authority J. P lo~""~"'" ,... a.. "'" ,'2o-'~'; B ~:a._!,C"/C~A' 8: List'ill City Boords on 'which 'yo\1.an: curr.cntly serving ot'have p,eviously scrved~. (P1el!sc inclUde dates) . . . .... .Planning and Zoning Board 8i15/00 .to' current ," ". " 9. F..duclltionlll qualiJiCatio~s: Maste~ in-Public HeaithlAdministrative .Medicine ":.! '.,: ." " 10. List any .ttlared professiou31' certificuions and lice.riscs which you. hold . :! '. 1 i: Give yoUr pmc:ni,; or roOG~ recenT. emp'Joy=. .a.nd por;itiOfi: Vice PreSident, Whitsyms Nursing 'Ud . . '.; .' '! 12 Describe expen=ces..s1cills or knowledge which 'qw.lifyyouto serve on Uris b~~(pl~se:~tb~ ;l. brief resume) ~.:....:..:..., , : '. "; FortY Ye'ar exoerience in' Health .CareAdm' "".on..an.rI Community .Pl:mn~ . ....: "':'i . '"i . Served as an officer and Board:Member of a'number of' ~nmmnnity.t'\r!?nizations '. I b.r.r.o:by <:amy Wal..Il ~e above statcmc:ar.s aD'; 'tnlC, and I agree and ,-'ndcn:uud mat any m1.~tlll:eSnoon[ of rn.2t.erL.-\l f.r.f~ con~l.ed in this ~c:atinY ous: forfeimn: upon my piU-t of-any lIppoinunent.! may ~e~('. . .... ~~.<.c,,~.)..eR...~'~ ~aHl r7.'iJ;......od~' SIGN URE . DATE , -.! .. . ....0 I; ..' Note: 11ris llPplicationwillremain Oil :file in the .City Oerlt's Of!icefoT. a period of 2 yea:rs ,from.the daien -aras '. submitted. lcwill be t1le :applicant's :eesponsibiliq- r.o .ensure rha't a cw:rem appli=rlonis oidlk. '....... .. . S\QTII:~..tMPPUO.'TWN. : '.i Sunday, May 16, 2004.max KENNETH GERALD PELTZIE 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, Dekay 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 fa hospitals in central Indiana) 1980-1982 Executive Vice President, Community Hospital of Indianapolis Senior Vice President, Robert Dougl'ass Associates . (a national health care consulting firm). Vice President, Chi Systems, Inc (a national health care consulting firm) Associate Administrator, Assistant Administrator, Sinai Hospital of Detroit (a 620 bed university affiliated teaching ,hospital) 1972..1980 1966-1972 1961-1966 Budget Examiner, Bureau of the Budget (now the Office of Management and Budget) Executive Office ofthe President, Washington, D.C. . < Administrative Officer,United States Air Force Hospital, Dyess Air Force Base, Abilene, Texas. 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,I956 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/~004 11:~~ 9547864677 ~~/1~!U4 HON 11:26 ~~I 561 Z~3 J77~ BUILDING CI1Y CLERK PAGE 0~ fgJ 002 DElRAY BEACH b8:d ;qjr 1993 200') CITY OF DELRAY BEACH BOARD MEMBER APPLICATION It! 1ft/of; . infonnarion: 2. S/J4z..CWG -\~~ p, N~e MI. 3. Ci1y P~~~A City Smtt: 6'~ ~ State 7ip Code 8; 8.3 Zip Code 4. Principal Business Address: (00. ~ A T&.....II-~ r;" B t../~ City P+'o/~ ~ StAte rz... Zip Code 3)fo6t 5. Home Phone; Business Phone: E-M..1.il Address: Cd! Phone: Fax: 5l1-~:rJZ.Y9 7y;,~ 7'6- 4'~76 .s~z.~""G .)a,,~ -F~'-S- ;7J-/7/7 9Tf.71~-~7(? 6. Are you SI. registered voret? y;:- 5' r f so, whete are you regIstered? 1;?/i?z-,,JIlI. -Q6=~ 7. W'hat Board(8) ue you lntE:resred ~ gerving? Ple:ue list in O1:d~ of preference: $. Zorttpt'/~ C . _. Lis~.ill Ci~o-ards .on .'!~<:h you aJ:~ cu.!Ic;otl!..~er:v-ing or ~!e_p.I:cviO}J~ly 5~eA;. (Pl~_s.e. .includc:..dat~:sl. _ .'1; 0 ,..-/ t::..4 - 4 4- 9. e-. II. Give yout' present, or IDOSt' .rccent em.ploy~ and position: ~ 10' 12 Desexibe experienccs, skills or kno-wledge which qualify you to SCI'\Te on this bOArd: (Plta.sc atta.eh a brief l'esl.1ml:) C p~~ ..z:.r<V&J{~ ; > G c. .;h/; Ltr ( ~".r;- ~ :..e _ ~ n t:>;, :.A ~ " ;'0' ~/ ~ [)t:.~ 15(;r~/-/.r /S ~ C~- I bereby cettify that all the above statements OUt: true. and r ee :and understand chat any mUltitcment of macerial faCTS con' ;0 this appliCl1tl y cause forfeicure upon my part of any appointment I maY.Ica:.tve. ..-UP~f DATE 'lECE'VED NOV 1 6 2004 ote: Tbis :I.:pplication will rema.in on file in tbe City Clerk's Office for a period of 2 years honQlf8f'tQt"'Efl K submitted. If. will be the applicant's tespon$ibiliq to ensure that a cu.c:eIJ.( aDoliCllnon Ur on -1111'_ 11/16/~oe4 11:~~ 9547864677 BUILDIHG PAGE IB JEROME SANZONE 200 MA,CFARLANE DR DELRA Y BEACH, FL 33483 (561) 243-3299 OUTLINE REUME March, 2002 Present City of Pompano Beach 100 E Atlamic Blvd Pompano Beach, F133061 Building Official March, 1989- City ofDelray Beach B~i)ding Official March,l002 100 NW 1st Ave Delray Beach., F1. 33444 Jun.e, 1986- City of Oakland Park Building Official March, ] 989 3650NE 12th Ave Oakland Park, F1. 33334 June, 1984- City ofPornpano Beach Assistant Building June, 1986 141 SW I" Ave Official Pompano Beacb, FI. 33060 JUDC, 1980- Self-Employed (' onstTuction Consultant & June, 1984 RR. 2, Box 816 General Contractor Pompano Beach, Fl. 33067 April, 1978. General Development Corp. Di.TeCTOr of Primary August, 1980 1 III Soutb Bayshore Dr Housing Miami, FI. 33131 October, 1986- American Plywood Assoc, Sr. International April, 1979 PO Box 11700 Field Services Tacoma, W A. 984 1 I Representative August, 1965- Rinker Materials Enl!!. Coordinator. October, 1966 805 N. Railroad Ave. Field & Fabrication West Palm Beach, Fl. ofP.roject3 February, 1963- Lindsley Lumber Co. Estimation, August. 1965 Steel Division Detailing, Fidd Dania, Fl. Sup~.n.i sion, Customer Relations April, 1960- Sccurity Planning, Inc. Sales Representative December, ] 962 First National Bank Bldg. Miami, Fl February, 1960- Dade County Highway Estimator & February, 1963 Design Section Designer 11/15/~ee4 ll:~~ June, ] 959- September) ] 959 Sept. J 958- Jan., 1960 Sept., 1955- . Sept.. 1958 June, 1954- Sept, 1955 9547854577 BUIL[ln~:; C & C Construction 613 Tabor Place Estimator & Designer InvestOT Planning Corp. 60 E 42nd StrE'et New York, NY Sales Representative JEROME SANZONE 200 MACFARLANE DR. DELRAYBEACH, FL. 33483 (561) 143-3299 OUTLINE RESUME (CONT'D) New York City Community College: 300 Pearl St. Brooklyn, NY Construction Tech., ABS Degree United Stales Army Corp of Engineers Levy & O'Keef 17] Madison Ave New Yark, NY Mechanical Design PAI3E 04 11/16/~004 ll:~~ Date of Birth: Marital Status: General Health: Military Sendee: Certification: School: Organization~: 9547864677 BUILDnlG PROFILE August 17, 1936 Married E:xeellent USAnny Corps of Eng. - Honorable Discharge, 1955.1958 Florida State Genera] Contractors License #CGC-007690 Certified by the Department ofP:rofe~sional Regulations in thr- Following areas: Building Code Admini9trator; Structural Plans Examiner and Inspector; EJecr.rical PlaDs Inspector; Mechanical Plans Inspector Plumbing Plans InspeCTor CAB.O. CertifJ,ed Building Official #923 Florida Board of Building Code and Standards Certificate # 111 Building Otlicials Association Building Code Director Cenilicate #147 SOllth Florida BuiJding Code Bu.ilding Official, ChiefStmctural Inspector and Plans Examiner NYCC'C A.B.S. Degree in Construction Technology Florida Atlantic Builders Association Cbainnan of Affordable House Cormnittee Governmental Affairs Committee Builders Association of South Florida Co-Chairman ofTechnicaJ & ConslIUction Committee Constnlction Specifications Institute Building Officials Association of PAGE 05 11/lb/~ee4 11:~~ Boards: Languages: 9547854b77 BUILDIHG PAGE IJb PlorMa 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 AdjuslIDcnts and Appeals SBCCI By-Laws Comminee SBCCl Code Interpretation Commine.e SBCCI Ex.isting Building Code Committee SBCCI General Design Committee SOAF Resolution Committee Palm Beach County Hurricane Retrofit Committee Palm Beach COUlJty plumbing, Electrical and Mechanical Review Committee ICe International Building C.odr:: Structural Committee Italian, Spanish. Japanese and Latin. 11/16/~004 ll:~~ 954786....677 CLIENT US Dept of Agriculture National Homes, Inc. Ryan Homes G.D;C. Heller, Weaver & Assoc. Genstar ITT G.P. Nonhwood Industries MarChem Everglades Cbemieal MO-Carter Coating c.A. Marando Florida DivisioD of Law EnforcEment BUILDItlf; JEROME SANZONE 200 MACFARLANE DR DELRA Y BEACH, FL. 33483 CONSULTING ACTMTY Set up construction companies to build mass housing and train Personnel in Venezuela, S.A., 3 projects started, Acquire product approvals for their system under the SBCCI and SFBC. Anal)'7..e and solve construction problems. Analyze and solve construction problems. Evaluate buHdings for condo c.onv'ersions. Developed site plan for planned community in S. Dade Evaluated strucmrcs at Pa!Jn Coast in Bunnell. Fl. AppTOved as expert witness in American Arbin:ation and Federal Court. Analyze and solve problems of construction applications. Advised on marketing of construction products and gained c,ode approvals. 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. Advised on marketing of construction products and gained Code approvals, AnaJyze, investigatf: and evaluate projects as well as testify as An expen ~"itness for [he Construction Fraud Case PA(;E 07 ll/lb/~~~y ll:~~ J;;UILDINfj 'j~y It:byb II ~". JEROME SANZONE 100 MACF ARl..ANE DR- DELRA Y BEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS American Concrete Instinne (ACI) American Institute of Timber Construction (AIlC) Building Officials Assoc,iation of Florida (BOAF) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Administrators (BOCA) Construction Specification Institute (CSI) Council of American Building Officials (CABO) International Conference of Building Officials (ICBO) Southern Building Code Congress InteOlational(SBCO) P.ROfESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals: Building Official/ Plans Examiner Building Officials Association of Florida: Building Official! Department Director Council of American Building Officials: Building Official Florida Association ofPlumbing-Oas-Mecbanicallnspectors. Inc. State of Florida. Depamnent of Bus mess & Professional Regulation: :Building Official/ O>dc Administrator. Plan.<; Examiner, Inspector State of Florida, Department of Business & Professional Regulation: Genera] Contractor State of Florida, Florida Board ofBuiJding Codes & Standards: Building Official RELATED INDUSTRY ACTI\lITIES Building Association of South Florida: Co-Chainnan, ConstrUction & Codes Committee ]980-81 Chairman, Palm Beach County Fire Code Advisory Board 1990-94 Chairman, Palm Beach County Fire Code of Appeals & Adjustments 1990-94 College of architectS, Engineers & SlUveyors Seismic COmmitt~E 1968-73 Low Cost Housing Comminee- Puerto Rico 1963-68 PAGE 1)8 - " iilib/~UU4 ii;~~ '::1::>4 (C;D4b ( ( l:IUiLl'iNt, President. Building Officials Association ofBrov,'llrd County 1987-88 President, Building Officials A~sociation of Palm Beach County 1994-95 Southern Building ('.ode Congress lntc:rnational By-Laws Committee ]992-93 Southern Building Code Congress International Code: Interprel;uion Committee 1994-95 SOUThern Building Code Conference International Existing Building Code Comminee 1995-97 Soutllern Building Code Conference International General Design Comnrinee 199i-1999 International Code Council ICC lNTERNATIONAL BUILDING CODE"StructuraI Comminee 1999- Present t'At,t. Ij':l ......... ***** please . -"" '. ,.~r1t.D CITY OF DELRAY BEACHf\€.CC n~ BOARD M&MBER APPLlCATI(fH 3 \l 'l.:V-v.. C\I~/~iJ jOg MLL Zip Code Name m~ . 1993 2001 5. Home Phone: "Business Phone: ~'l..~ .1 I)~ ~~\. ;).~\ .')g~ 6. ~~ City Be> "'TM Be__<..~ Cell Phone: FL State . 1. . Last Name: 5 <.. he. 2. . Home Address: 6 00, 3. Legal Residence: bOO 4. Principal-Business Address: ~.d. Bo~ 6<6 sE Sf: City City FL 33 ~ ~S Fax: 7. 8. list all City Boards on which you are currendy serving or have previously served: (please include dates) r'\ ~ --. ~~'r-,j c..l~ S" . r.y"c ~(\ 11. Give yow; present, or most recent eniployer, and positio~ ***** '. :Z'O;U6\.(P/ 19l:u'!ffarl CITY OF DELRAY BEACH 4A E:'1"lll)~ BOARD MEMBER APPLICATION ~ 0 ! lp l!i'iy tlos ell:-- "IT/( DELRAY BEACH "0<<'010 AD-AmericaCity "III! 1993 2001 Please information: 1. Last Name: C" } / -..) C I" jVc. I D tY<...-- 2. Home Address:L/ I 3. Legal Residence: 4. Principal Business Address: )"ilW\f ~ NameN ,,/ ~/v C v City D fL- City Statlit fL State MI.C Zip Code '5 1: Zip Code City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: '5&/2,,65'"'77,)b lor-7l.{Jt;t;6'1 6. .fu:.e you a registered voter? G- S If so, where are you registered? ])C1r- 7.. What Board(s) are you interested in serving? Please list in order of preference: , /L , I . /~fi/6;'; ~ nOQ:lJ) (J LAN ;VI N6 l' 8. ~ - 11. Give your present, or most recent employer, and position: C J I ~ 1-11 -- -!:-P!) 1J.fI1' T I/~c. A /p.-/J~ f2-A I 1:V /(.(; f,J)/tIJ.i J LlvG' IN~. W4/v <f 1St' I NVOtA/{iJ A 1I1h C{) , 'I:-.j';J 6r:- D (L b / I hereby certi at the above statements are true, and I agree and understand thafany misstatement of material facts coy; ~ ~::n may cause fotfcirnre upon my part of my apPO~~h~ F 'f;NA~ . n:-fE '/' Note: lbis application will remain on.file in the City Clerk's Office for a period of2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\Cl1Y<1BRK.\BOARD\AtPUCATION v..., t ..I.. V I iii. V v v .... v . -a v ... ".A..4" ...."..........".1.... ~ .... ..... '.I V~~~~/V~ rA~ ~~_.U rAA ~O~ .4~ ~Il~ . --"'i...fiYi..:U::L<A--- ~005 ........~+* o/I/~a/A# CITY OF DELRAY BEACH 5/1~/t7l BOARD MEMBER APPLICATIONRECEn/ED MAY 1 6 2005 OB.RAY lifAeli . .. QI . . . ... ANlaericaCity " II I! 1993 2001 ''-( 3_ LcgalResickn.ce: v-cr Pi:' Yv. ,Orl ve.. c,ty b;r\d~ be l v.-.;( jC4..vL, Se 2.. Home Address: infozmatiou: 1. Name City City II} JI/-/b h /J-e IU /., N. E-lM:ail Addrcss- Cell Phoue; F:u= {1.Jie;;;,(nJo...~{;rj.1 c~.7 )'1/ '1'11- )f5"{/ 'j~/- 73/-11'''> If so. where:are you ~egistered? 'f -.t: V 7 Fe-C.ln.e TT (0. '.;2 State Zip Cod~ 4. Pz::incipal-::Bl13inC33 Add.ccaa: :?J Y.?, s. 51/- 1037 -.')9S-S- 5"/ I . 7]/- Q;) 3/ 6. .A.r.e you a .r:egjsttred veta:? f:S 7 _ Wh2t Boucl(s) ate you inr.uesced in semng? PI.e:l.se list in oeder o~ prefaence: _ c .'; -( . J,1(. 8. 9. Educattonil qualilio.cions: -l 1/ . I I 10. List any related p1:ofessioruU certi.fiati.ons an~ licenses which you hold: , . 1< ('{ 4 . c.. 'I 11. Give yoU{ p~e.se.n.t. or m.ost recent employee, and posicion; /J . - '....:: I - . "~ I.. t..-c. . r Yt: / '12 Describe ~ped.e:nces, skills Of knowledge 'which qualify you to s~e. 00. this boatd: (please aaac:h :a brief .resume) I. t> . // I hereby ~ that all the a~ove statom.cnts ace uue, and I agr~ IlD.d understand mt -my misstatement Qf .makmllacts con' in this application may cause forfeiture upon my part of any appointment I may I:ece1ve.. , .5-//6/05 DAm / ,e: This application will remain on file in the' City Cl.erlC s Office fD..: a. petiod. of2 yc;us from the date it 'W.2S submicto:l It willbe the applicao.t"s 1:esponsihiJio/ to eO.s'lie t1at a. cw:reo.t appli<:aUoo. is ou.file.. . S'alYc:Ll!J<E\8OAaDlMWCA~ Dinah S. Stephenson, Esq. Education December 1988 University of Miami . Received Juris 00dDrale (J.D.) Miami, FL May 1981 University of Alabama · Received Bachelor of Science (8-5.) Tuscaloosa, Al Wodl expewience 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 & Associates Broker/Owner of Destinations GMAC Real 2001 - present Estate which is now Exit Realty The Destinations Group 01/1992 - 09/2001 D. Stephenson Construction, Inc. Vice President, Chief Adminb:.:bdlt~ 0ftIc:er · ResJXlOSible for da~y management , scheduling, coordinating and general supervision of aQ administrative and legal functions of the rompany, including contract administration. AlSo overseeing workers compensation and other personnel issues. 1993-2001 Stephenson Realty, Inc. MiamiFL President, Chief Executive Officer. · Responsible for acquisitions, coordination of real estate management, conuact negooaoons, teaslDllltY analysts, ana aauy ao:ounting and supervising of aU company owned commercial property. 1990-1998 Stephenson Merchandising and Marketing, Inc. Vice President . Responsible for supervising merd1andislng of products and supervising dally functions at Amoco Gas Station, induding personnel issues. 'l'~.' .LV; _'.",'~ .L'V. 1:.L .I. n..l~ ....v"..., ~J.L.LVU-.1 Otganizations & Community 8QIV1Ue$ Volunteer ~ 4-.1..1.'\.."".... J..:.'QILI.1......1. .1..1..1.L.L:. llY VV~ 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 aM ~mii11straiion. Prnctioo includes an aspects of Real Estate Law, Guardianship, Corporate law. Construction law and General Practice. The Florida Bar - member National & Rorida RMirrl nf Rp.;tl~ City ofOelray Beach - Public Employees ReJations Commission Boynton Beach Chamber of Commerce Boynton Beach Chamber delegate for Boynton Beach Sister Cities, Inc. Museum of UfestyIe and Fashion History - Board of D!rectcnJ & Secretary Friends of Northwood Professional Advis<<y Council Rotary Club of West Palm Beach ~usiness Development Board - President's Level Owights computers for kids program United Cerebral Palsy TO: MEMORANDUM MAYOR AND CITY COMMISSIONERS ~ITY MANAGER FROM: SUBJECT: AGENDA ITEM # REGULAR MEETING OF NOVEMBER 21 2006 APPOINTMENTS TO T E HISTORIC PRESERVATION BOARD DATE: NOVEMBER 17, 2006 Ms. Randee Schatz submitted her resignation from the Historic Preservation Board effective October 31,2006. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending August 31, 2007. Secondly, Ms. Maura Dersh was removed from the Board due to her missing three (3) meetings consecutively. This creates a vacancy for a regular member to serve an unexpired term ending August 31,2008. These requirements have been updated to reflect current code requirements. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "An 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 Levinson (Seat #3), for one regular member to serve an unexpired term ending August 31, 2007, and Commissioner Montague (Seat #4), for one regular member to serve an unexpired term ending August 31, 2008. Recommend appointment of two (2) regular members to the Historic Preservation Board for unexpired terms ending August 31, 2007 and August 31, 2008. HISTORIC PRESERVATION BOARD EXHIBIT "A" Ronald Brito Contractor-President Kristin Christensen Finance/Sales (currently serving on the Civil Service Board) Lives in a Historic District Joe Farkas Banking-Manager (also Redevelopment Agency) applying for the Community Mark Fields Self-employed Gerald Franciosa Retired/Law Enforcement (also applying for the Community Redevelopment Agency and the Code Enforcement Board) Kim French Advertising - Vice President - Lives in a Historic District Philip Friedman Retired Financial Aid Assistant Director (currently serving on the Nuisance Abatement Board) Livia Landry Self-employed - Lives in a Historic District Pearl Markfield-ElrodReal Estate Dale Miller Interior Designer - President Frances Owen Teacher/Realtor Karen Preston Business InstructorlHistorical Society Executive Director Samuel Resnick Retired Code EnforcementlBuilding OfficiaV Architect - Engineer (currently serving on the Code Enforcement Board) Jeffrey Silberstein Self-employed Architect - Owns a business in a Historic District HISTORIC PRESERVATION BOARD 11/06 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31/2008 Unexp Appt Vacant 08/31/2008 Linda Lake Realtor Office: 278-5570 Appt 08/03/04 1111 Thomas Street Home: 272-1898 Reappt 08/15/06 Dekay Beach, FL 33483 Fax: 278-9533 08/31/2007 John E. Miller, Jr., Chair Sales Manager Home: 865-9483 Appt07/22/03 1502 Fenton Drive Work: 954-379-5457 Reappt08/16/05 Dekay Beach, FL 33445 Cell: 561 632-9547 Fax: 954 379-5445 08/31/2008 Jeannette Dobson Healthcare Home: 637-4074 Appt 08/15/06 15058 Sweetgum Street Administrative Office: 243-1794 Dekay Beach, FL 33446 Supervisor Cell: 445-1694 Fax: 637-1675 08/31/2008 Toni Del Fiandra Accounting/ Home: 272-3766 Appt 09/19/06 14 N. Dixie Blvd. Booking Office: 274-6227 Delray Beach, FL 33444 Cell: 441-5527 08/31/2007 Unexp Appt Vacant 08/31/2007 JoAnn Peart Self employed Office: 272-1400 Appt 08/16/05 107 NW 9lh Avenue Home: 276-8968 Dekav Beach, FL 33444 Fax: 276-6709 Contact: Denise Valek X 7041 S/City Clerk/Board 06/Historic Preservation Board / // /.' ./ ""T. ""Tur I~I ~nnul:.l:. ;:) ;:)'--HHltL, t"H ::lb.l-ts.::S.::S-.ltsts.l p.c ....._~. ~ "- .".-' Randee S. Schatz, P.A. Attorney at Law 220 Sunrise A venue, Suite 209 Palm Beach, Florida 33480 Telephone (561) 833-1846 Fax (561) 833-1881 E-Mail RSScharz@adeIDhia.net Reply to Palm 8each Delray Beacb: 15 Northeast 4111 Street. Suite A De1ray Beach. FL 33444 Tel; 561-272-0398 October 31, 2006 Mayor leffPerlman City of Delray Beach lOONW 1st Avenue DeJray Beac~ Florida 33444 Dear Mayor Perlman: Please accept my resignation from the Historic Preservation Board. I have been honored to have been appointed to this Board on which I have served' for several years and appreciate the support of you and the commission in this appointment. I look forward to serving the City in the future. Sincerely, RANDEE 8.SCffA1Z Randee S. Schatz '~ t IH}JI! V"~~'UO n~v U~:~~ r_~ ~O' .~~/'i (THU).JUl H ~Ol)& x:r.r./~;T. ~:q/N.:..6~1~44~1t:~ f' ... \; rn \;Lt.J(h. iii 002 DRRAY BfACH - , , Ill! 1993 2001 RECE\VED . \ 3 'Ltl06 . CITY OF DELRAY BEACH.lUl. ~\( BOARD MEMBER APPLICATOftl' C\...t. Please e or rint the foUowin information: ~. !..astName:Br j to 2. Home Addx:ess: . , 118 6E ~/~ Av~ 3.' ~ltesidence: S~:u')'\ ~ 4. Principal Business Addrcss: Ciry:. SUte Zip Code Z SSG} We..hb' Ave. ::frz- DelrA.'f SeA.~. F"I..,- 3~c..J.Y.lf '5. H()a:)c:Phone: Busine.ss.PhQne: E~.Addr~: Cd! Phone: Fax: . ~I. 73<f-8Bz.5 '5(oJ- 27Q-03}1 eGo; worJL6>a.t>I.' SG.....3-S"o -07bG,:.i'2..7~ -O)~ " 6-0itC. ol Birfh . 7. Arc you a cegista~d voter? If so, ~her<: arc you 'registeI'ed.? . 'i, z. -lJ(p ; '/C"=''&>.-,YlW,"" &4~ IF~ . 8. \l7h:ltl'o:ud(sl2.tc you infe1:~ted in ~ervin# Pl~e linin order of putc:rcnce: Na.me R 01'\ aJ c1- Ci aty Y'\+O~ Bea...~ City Stare FL- Slllle H1s.+O,..~c ~ l P,e~Crvtttton- &a roL '.sP~I1f3V~jJ7':Z-V: .9. un:ill City no:u:d.s on 'Which you "Ie CUIrc:ndy serving or h;nrc p~ly saved: ~e ioduck d:it~s) C - r ' BOar"'; 0 t - 000 2-002- 10. Bdub:r;iomJ. quali6CllbOns: J .....S ]l.Use ~,.related profe8sional certifications ~ 1icenslC.~ which r<iuhol~ . C6C"'Off1~~ Fl(>dd~ 3~ &J -JCal,. In,'a.... OI~"1"l.. U.S. . .AIl 3 ~., e. C7e"".q~ 4.. ConfrA...l!;w r . lIc.e I--)S~s. 12. Gi~e your present, or most recent Crnploye.r.and posicion: rf r ".' C,. ~ anA Pia ~~ rt"9'k>r4-p'on of Sdhao~ IJa:.tv..-e- C.e r . \.(~ va'" 0" ~ res; d e~rhetJ r('6-~rt&..i,. 0,", S . ~ ~ . e"by ~rii~ that ~ ~e, above 3t:.aTaneo: _ e true. a.o.d] agre.: :a.od und~~tand due :wymiss~tanalt of m:l.tea::al bas COOUJ, oed m thIS IIP,Pli~7"'" ':..... re"n<< upon my p'" of "'l' 'ppoUlunentl "/ =<-. .. ~ ~ 7//l://? . SIGNA'IX.JJm . . DAo/ I Note: This 2pplicauon -will rttnain on 6le in the City a~$ Offitt fox 2.pe~od of 2 yeau from the <hie it was sub.mi~ed_ It will be th~ appliont" s responsibility to COSO.Ie that a cun:ent application is on file. / 'Mar 29 04 04:03p Ent~~prise Contractors (5 . 1279-03'35 p.3 , } RON BRITO~ GENERAL CONTRACTOR 1985.E. 21b Avenue Boynton JJeach7 Florida, (561) 441-1767 WORK HISTORY: 1965-1979 Fourteen years as a framing and finish carpenter in Riverside, San Bernardino and Laguna . Beach, Caiifornia. Production framing on several multi-family complexes, housing. tracts, and high quality custom finish work. Seven years as Carpenter, Two years as Leadrmin. jive years.as Foreman on new residential and commerCial projects; as well as renovatiQnf: and remodeling. J979-1983 LICENSED BUILDING CONTRACTOR/CALIFORNIA Licw B-388997 Spent..f;ve years subcontracting and.r;unning framing. siding, trussing, floor joistin.g. and stair instal/ation on m~lti-famiIy cQmplexes IrQm large contractors. During this time, . I contracted.'. new single-famiiy homes, additions, n!modeling, commercial roofing, and commercial tellant improvements. 1983- 19115 Job Superintend.eni on .custom housing in the Nashvi/le, Tennessee area for one" year~' .Suhcontractingfr-aming, IrUssing..andsidingjobsfor the next two years. ) ./ . 19B6~ 1989 . . LICENSED GENERAL CONTRACTOR/FLQRIDA Lie. CGC.047369 Worked at "The Township" 'os Punch..Out Foreman for one year. Worked for David Jones Cans/rod/on at Gleneagles, Polo' Club 'as Le.ad Carpenter and' Foreman for one year on 32 eighl-ple:x wood frame multi-familyunits. Worked for Davis 13ro/hers as Superintend en/ on :Brighfon Lakes in. Boynton' Beach, building 36 wOQd-frame duplexes. Construcfedcusfom housb1g from Manalapan /0 St. Andrews. jiOCD Raton. Received General Contractor's License . in February ,1989. 1989-1991 . . LICeNSED GENERAL {:ONTRACl'ORlU.S. VIRGIN ISLANDS Lie. 2-(J1]!J2-92 TraVeled to $/. Croix aft~r Hurricane.Hugo for 5 days to bring supplies and hi!lp restore power and.water/o units of condominiums for a friend. Agreed to come back 10 res/ore two houses. Restoredfourteen reSidences, two commercial buildings. and six rental units. Also completed work in St. Thonias and St. John on custom homes. Acquired General Contractor's License in the Virgin Islands in February 1990. . Returned /0 Florida. in July.of 1991 and began new. additions and remodeling projects. . After HurricQne Andrew, I opened a field office in Miami for restoration work My Miami. office completed J 6 residential restorations and about 32 roofing projects. . /" Mar 29 04 04:03p En~ -prise Contractors (5 )279-0335 p.4 RON BRITO, GENERAL CONTRACTOR Page 2 :) 1992 -1993 Was asked to take o\'er operations of Falkav Construction as General Mgr. and to qualifY the company. FalkaV Construction was, at that lime. under clm/ruct with the City of Delray Beach for the new Tennis Center (2_5 mi/lion-dollar contract) and was engaged in school projects for districts from Lake Worth to Miami-Dade County. Although. after a thorough research, 1 decided not to qualify Fa/kav. 1 brought the Delray Tennis Center to substantial completion in timefor the Virginia Slim Tournament,. and all of the school jobs were in line. /994 -- present Owner 'and President, Enterprise Contractors, Inc. Enterprise has completed many local residential and commercial projects since it's inception, including new constrllclion,a~itions, , remodejing and historical renovations (such as the Sandoway House Nature Center in Delroy Beach). , ..- .In August 1995, I was appointed to the Construction Board of Appeals ;n Delray Beach, t;lnd I was.the Board's Director for a 2 year term. I'm still serving on. the Boardfor 2003 to 2005 '.': ) PERSONAL HISTORY: . lain' 57 years old, married. and have four children_ J have two years of college, majoring in . Business Managemenr_ 1 am lln active rnemberof my church (SDA). where I have been a. Det;1confcr14 yeqrs and am currently 0 Sahp(Jthschool tt:acherforyoung .aduZ/s_. 1 alSo sil.on the Ch~rch's Building Committe€- I own ahonJe i~ Bayman Beach,' where my familyhas/ived fOr 19 years, and'] am a member of the ,Architectural Review Board for the Vernon Heights Property Owners' Association. I am also -q' 18-yearmember of A~A. and am ~cJive OTJ several committees. Tennis; surfing andjogging-ore myfallorite pastimes. . . ,. 1 .! .i OEtAA't8~ -- '~~. '{I:U:' 199.3. . 2001' ... REC1~IVED . . CITY OF DELRA Y BEACH ' JUN.:n R 2006. BOARD MEMBER APPLI'CAT10tt'TY CLERK Plcas~ e or rint th.e followin infoorulrion: 1. Last N2IDc: i"' U R.. . -" . ) . ' V.TT I ~r< ~ 2. Horne Address: n- N€ t.-I~ 3. LeVI Re..udSlCe: . AS y:rbJoJE.. 4,. Prlncipal Business Adckess: 'City .' 9:'9q-t..AHA-"c"~C A-v<_ Z~-,.::;l>-"~ ~~ 5. Home'Phone: Business Photie: E-}"'fa.il Address: Cell Phone; (. 939 ~,,~'":1--<., 9;52 2"2' :ru;D Kn:J-.~a..-l-t-. ~'. 9-62 2.21 5ZRO , y\ v",;/rv..L.r.--f- -. . ' 6. rue you a r~gistc:tcd vot&? '1 &t- . Ifso. where are you registered? D< (~ ~ . 7. :what :aoai:d(s) ~ic you interested in 5ccving?Pkaselisl.i.n oxckt of pIdCI'CDCC: .Ct'/.J")~t.<-. .,t ~-J G . ~ N:une: 1/ f<,j<- , ~ r./0 City De.! City <r/'tJfl .I'it Zip Code 33 </" cJ Zip Code ~C--- State ~ State .4- Zip Code 33~~3 S'Olte .F a,,-: A- 8; tly seLVi:o,g OT..b:;rvc:p,rcViously serVed: .(PleaSt: inchlde dates) .'.) " .~:. 9. ~Cational qualifications; . to. List any .rdated professional certifications wd1icenseswhichyo~.hold - . 12. DescO.bc. c;qxrienc:es. skills or ltnow'cdgc which qualify you to serve on tbU board: (ple2SeatUch a briel-resume) " ( at all th. . c sutements are true. and I ..gxce llj)d utideut2JKl that any missbtcmC1Jt of material (acts 11 rp. we forfeitUI:l: npon my put of 2111 appointment I may .u:ceive. '/ . . Jb~9~ Cf&, Note: This applicatiQO ",,-j]] rcm:lin on file in tbe City Clerk's Ofike for a period .of 2 yeaT': from thE: date it 'I:!.-a$ submitted. It will De the applicant's responsibility to ensw:e that.a cu.n:cnt application j~ on file. .' . ' .' 3ICITYCUlkIt'l'O....JlI'>>PIJC:" lION ;. ) .,/j)') 7;" . .., Kristin (King) Christensen 17 Northeast SixthStreet; Delray Beach, Florida 33444 (952) 221-2580 (mobile); (561) 330-6422 (home) KRChristensen@bellsouth.net Professional &perience . 07/99 -08/03 Marchese and Associates Vice President Dehay Beach, FL; Mpls,.MN Ilchievements: · A warded National Sales Leader 2002 · .Naticmal sales leader first and second quarter 2003 · Raised 75% . more revenue in '02 than closest ranldng competitor within the c(mlJJ(my~' · Increased commission revenue by 30% from '01 to '02 in perhaps the most diffic;u~t . market in the history of the financial services industry~ , · DeVeloped loyal client base where 100% afclients produCed repeating business. · Established relationship and negotinted exclusive recruiting arrangement with,Q growing division of the nation'slargestfinancial services company (Citigroup.) '. · Negotiated highest commissions paid to the firmfor placement of a finandal services wholesale representative in 2002~ . · Instrumental in building a Sales team recognized as best in class bya national ranking . . agency. · Consistently recognized by clients as honest, loyal and prioritizing client best interests~ ' 'd') Respons~bUities:. . Developing client base. Accompli$hed through cold' calling, referrals"networkingancl face to face meetings with prospective clients. Contract negotiations. Accomplished by demonstrating to new clients the value of '. recruiting services and structuring mutually b.eneficialfee 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 ltm<;h meetings and regul;;rr industry . 'conference attendance. . Managing business within a business.. Worked in a highly autonomous 100% commission structure successfully budgeting resources for continued growth. . 06/96 - W/99 .Legends'Cafe and Bar Minneapolis, MN. , Manager ('97 - ./99) . Bartender ('96-'97) Waitperson ('96-'97) -. .' Achievements: · Business revenue greto year over year. · Sales increased by over 200% during my years as manager. Education , 09/95'- 01/97 Luth~ Seminary St. Paul, MN ) Presidential scholarship .-.' '09/91-05/95 HamlineUniversity St. Paul,MN BA,English. Magna Cum Laude. Elected Phi Beta Ko.ppa, juniOr year. .....~.D'I;I'\""n ....~.... ~ ''I' J! - 1993 2001 CITY. OFDELRA Y BEACH BOARD MEMBER APPLICATION .... C/lb/h? . ?tiJan~ Name ~ VOe-~ ML e... State . Zip Code . ?'L. 3JY.:(:- State Zip Code 4. Principal. usiness Address: . :5 O-.;!. C?jiJ-.r-r ~""-49~ T/ <... ,:::>~ ./f(:"~, h i- 5.. Home Phone: . 'Business Phone: fi ./ c: Ci ,ty Sbte Zip Code rL . JJy~3 F~ 6. t:?; C"/te-e-L E-Mail Address: Cell Phone: ~X.(' ~b$7 f!f!P .. . . e €. Q . ,_ iMeT I> 1011/ ?bS:-1 . . . 'y l{so. where are you :registered? I .e...~ . - '. . . . na 144-. 7~' What Board(s).ue you interested hi serving? ~lease list in order o~ pt.efe.c~ce: 2.. __v- .' ZAcvtv . ~ '~,.(0 'List all (:ity Boards on whlch you ne currendj servkg' or liavc:)previoUsly s~ed: (please include d~tes) ....., r~.-v<! <- ':"8. 9. . ~ . .' to. List any .related p.t:ofessio~ ce.rtifit;ltio1is '3ll~ licenses which you hold: ,11~ GiVe YOU( present. or most, recent ~ploye.r. and p~sitio~ a/V' ....-9~ . .12. Dtsa:ibe experiences. skiDs or know1edge.~th <<JU2lify you to serve on this hand: (please albch' a brl~ resume) . o "4--. 0,& ./. 4~' . Sea.w~.s '6-7"e.v- 4~ ,,4- dQ ....J ?.......t!N'2 d. rr -5/ c-'ce.' . ~ /,/J e. /I"Z. ~ -tV. /Ie - ,,-~;Pe ~-: /1-C.-G- w.e.' ~ e~ ''7 '. I hereby certify that 2ll the a~ve statements'are tme, 2nd I agree and understand that any misstatement of materW. fads oonl>incdih ~tion may CO""" littfdtute upon my I'"':' of 20y appointment I may receive. -~~ . . . b-/L)-Loo-f~ SI~' _ DAm . i ' . . . - '. _ l,...te: This 2pplication wiIl.temain on file in the:- City Clet1>s Office for a period of 2 yeus from the.date it W2S submitted. Itwill.he theapplianfs .responsib~ty to eOsuie'that a.current 2pplication is on file. __. - . ....,~. MaY-lb-U~ U!i:19pm FrOll-WASHINGTOH W'TUAl OBJECTIVE +S61&B9BStl6 T-1BZ P.03/D3 f-B09 JOIE J. FARKAS 737 Northwest 37th A\tenue · 'Delray Beach, Florida 33445 (561) 499-4578 CeU:(561) 27'1-7651 ~:eeking Management position with growth oriented organization where my skills and' E:xp~rience can be utilize:d. SUMMARY OF QUAL. FICATIONS · Professional offerin~1 exceptional mana~lerial. organizational and motivational experience in finan~ industry . · Proficient in coordinaUon and implementation of multi task responsibilities . Excellent communic.3tion and pUblic relation skills with strong emphasis on customer satis~ction . t. ~ossess nlgn wOrk etnJc wllh v~J~cnjJily cUJl1~'~Qverancc .. Experien~ in train!n~ and motivating sales and service representatives .. Continuously exceeds goals . . .. Productive in effectivo time management to .ensure schedules are met .. Effective team player and proven ttoubtesh.x>ter EXPERIENCE 11/00 - Present J 11/92.~ 11/00 '. 4/85 - 10/92 . '::I'U""'" .v..... '.'VASHINGTON MUTU.AL BANK. West PalmBeach. Florida Asst. Vice President l;r:lnancial CenterJit?ciflager ". Hire. train and motivate staff oflStob~con1eeff6ctive bankers. Attained mortgage and consumer toan gro"~th of 125% fo 175% .- Develop and maintain positive busiriessrelations'1ips and comfT!linity contacts Realized 100% goall:lttainmeht for the'pasl; foUr years .\MTRUSTBANK, BO~1 Raton, Florida .~oan Officer (3/97 - 11/00) Processed loans fror.1. origination t~ closin~l. . Produced $19mUlion in mortgagesdunng t)rie 12-month period - Underwrote and approved authority'foreqllity loans tip to $250.000 Branch Manager (6/9 3 - 3/97) , Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) . '. .' ~ Provided high customer service levelselTlphasizing problem resolution and staff development loan Officer(11/92 - 6/93) .~ SQlicited .builders. developers and realtors to originate loans ~ Generated $15 million in mortgage from 1~:J92 to 6/93 CALIFORNIA FEDERAL SAVINGS & LOAN Branch Manager ~. Created customer awareness by developing and implementing marketing programs and soliciting outsidE. business · Branch consistently achieved over 100% ct prOductrcn gOClI~ v,":I""-':".,,,,,,--, ~"r:-,,"e:':;i~;:;v'; "'j".;.;.3~~. ~;.'!!:::- ....... ~~... _:u:__ AsU'~hp.lor of Bu~iness Administration DB..RAYB-fACH ~ -"icaCity 1 Jilt! . 1993 2001 Plea.s~ or tint the foUo . 1. Last Nam:e: infO.ttD2tion: . . CITY OF DELRAY BEACH o..:;GP\\I€.O . . ~,t;... [) BOARD M;JiMBER APPLICATION\.\ ~ 'l.\\~a" -. - :l~ '( C\.~\"T' H-_ ! . C\\ . -. 'A9 -; ? V()' '!- .,~ ~h'f3 Name A(K .City b.g ... City SJ2.i Ii €Lb5 2 . Home AWr &""ea~ - t': J". -#5 3. Legal Residence: 5'a /If. e _4. Principal-Business Address: S-~~e State Zip Coae . City State . ~~ Code 5. HOlne Phone: . 'Business Phone: E-Mail Address: Cell Phone: . Fax: ;?'/S-/~ :: ~f)& ~ ./lr,-r , ~- Axe you · registered votu? If so, where 2teyou retistered? l>~ .7. What Board(s).are you' ,tteSted in serving? Please list in order o~ preference: 8- List.all City Boards onWfuchyotJ-are cut,tentlyserving or have previously serve~ (please include" ~tes) 9. IID~S 10. LiSt any related professional certifications an~ licenses. whiCh you hol~ . 11. GiVe yo~ present ,or Inost recent eniploy~ a~d p~sition: " : . S 6 .!..e, .' '. - . . '12 Dtscribe apetiences. skills or knowledge whiCh qualify you to serve on this hoard: (please attach a brief resume) I I hereby certi(y that all the 2~e.Sl2tements are true. arid I agree and understand that any misst2tement of matetial facts contained ill this appliation may cause forfeiture upon my part of any appointment I may receive. . ~4.U~ _ -- - - :::rUJ.V Ii ;;Zoo6 _ - _ u . y.G. / . DAm . I . . _.' , - Note: This application :wiIlxe.nWn. on file in the; City Oerlc"s Office fot: 2 period of 2 years from .the date it was. submitted It will be the >pplicmt's tesp<>osibi!ity to et.suie-tbat a.euttent.ppJiatiou _is~. " '. Mark JFields 414 Seasage Dr. #5 Delray Beacb~ Fl. 33483 561-243-1645 City Clerks Office Venice Cobb City ofDelray Beach 100 NW First A ve~ De1ray'Beach~ FI..33444 Dear Venice, lam writing to express ~y desire for coilsiderationfora pOsition Oil the Historic Preservatioil Board. Although I 60 not haveprofessi()nal experience in building or preservation Ido not feel that this should preclude me froinoonSideration. I have been . attendfug the City Commison as well as the HP.B meetings OIl a fairly regular ~~is and believe I have asubStinative understanding of the boaro.'srole aSw~ll and the challenges that l1cahead. 1 believe that my non biased objectivity sPecifically afforded me (bec~use I am not an arcllitec~ Tealtor, builder; etc.) will allow iDe to followthe guidelines and directives set fortbby the city with only historic preservation in mind. l' have been a resident ofDelray for thirteen years and this experience and understml<lilig of the city may be as valuable to th~ board as any professional practice. In addition, I believe that I ' would offer balance to a'seven member'board often 'comprised.ma,inly of development professionals and by not residing ina historic district I will view alHive historic districts the'same in terms of' the guidelines while respecting the uniqeness of each. I thank you . for your time and consideration regarding this appointment' . Respectfully, 1fadf ~ MarkJ. Fields .:.~., "RO" : (iER-'SH I ... tI i ~. . t""u.}..'):) Ul~. 1-;:;).:) t'l\3 v ".,.J 4 FHX to. : 5bl~_,(l74b n n: t: LJ::l{R OOJu.Y BEACH ~ mr . 1993 . 2001 ~19. 04 ~ fti7kil . . ~~ CITY OF DELRAY BEACH. E-CE-\'JE-O BOARD MEMBER APPLICATlofl . , r. "\\\\S . . G-q(. ~U . . '/... v C\...'e.~ 0\1 \ . . City "I-l . E1JE S"T 3. ~ Rcsid&..ce: S~ 4. P1inc:iPUBusin~~ Addro:c City Cky St;a.be Zit> Co.k I. , J- . ~D1e Phone:. . . "BU5iness l>hone: 6!{~to6oY '.' . 6_ ..t\.M you 2.~t~ vori:%? 7. ~ Botl;d(~) O\Ic you lnt;er<'J$l in Saviog?Plbsc.list in oLdeJ: .)~ pccfereo.ce: -LL / k'v-4 C Vl-'/m i . CS. . . '.. .. '8. .UslaJtCuy:BQuds 00 1irbkh you ~ ~endY s~g ~ have prc.viously sC(V'ea: (P~~ ~~) tvO k' . '.) Edu~~tionr.13 . .. to. .l.ist:my xelated p.lo~onRl ~tioOs 3Jl<;llicc~ -which y<>u bolrl: 11. GltPt: yoUr p.res~t;. dr ~teceOt employer,. and posicio~ . , 12. Dtsctihe a;pedeDces. ~1d1U o.cknoVltedg.e ~.~)'OQ to $fiVe: OQ tbh'hcr.ud: (Pkuc:unth. bUd resUQle) '. '~~.t;' . . apptbtion v.>il1 xcmsin on .file in th.c: C1q'~s Offio: for 2. peaod ~[2 YCU'$ from the .do.tc it'1I7:l$ hmi~ It 'Will be the; appJicu)t"z Le8pO~ljty. to ~ct:b.3-t a. ctn:re:nt. :lJ>p6~on is on file.. . . ~~A.UlW'tUC\.'Dotl a7/~Of~e06 ~~:~1 5616BB~713e 07/12'08 WED 08:47 FAX 56J 3774 THE BOlER 13R( CITY CLERK PAGE I)~ ~OO.2 I 1993 2001 . €.,,,€.O CITY OF DELitAYBEACH f\e.G.. 1\\\\u BOARD MEMBER APPLICATION ~~\. 1~ ~~. . '( y\-€ Cfi7 fJ.'/ ~R' State; I-i::- State 1. N'-Ine KI. .e3'V 2. HomcAddress:/tftJ AJUJ 3t4 ~ 3. u:g2l ~dence: ~ 4. Principal BUsiness A~s: . City 0/40 V/U/hb/A lYiile.~ !l>s-.. ~Pet./m 5. . Home Phon~:Business PhOne: E-Mail Adc:lnu: CellPhone: 3 (c:;- Pu: . z../~-207<<f6>8~-2.g~o KIW@bone~.Yf) .~ .~5~. b8"lS'-2.7K' ~ "l/7iY6~ 7- ;'<<~;;~=d~t.r~ IfSOid;;;;~ . 8:. .Wh2t Board(s) are you inw:restcdinserving?:Plwe lUt In otd.et of pref=rice: IV $fN? iPR IYt .- State PI- .. Zip Code s3Vo/ . mriMAbvr or Gi S:~--ftle.fS ~Sl?G(a.~ 13ca 10_. EduelltioOll.l~6orlo~ ~ (~ 7>~ 11. List:my ttbted profession~ :Certifications 3ndllcenscS which you. hold: ~ 12. Give your P:cescnc, OIDlost recent employer. arid position: . c)(). . . . Vte-e- pre6l~ 13.. beflCobe.c:xpcrlcnces. skills or knOUTledgc which qUlWiy YO\1. to ~c on J h- teby ~e:aity thu all the aho",= stnancntS Are trIlc, and 1 ~ee and ~tllnd thaI: any m!,1It1tem.ent of IIl2tcrW f.acts CQJ Woed m thi, ~pplicmon may cause fotfeiture upon my part of DnY llPpointment 1 mAY reccive.. . _f:umrrr-~. .7/1,1/1/)6 SIC NATURE . . DATS . Nc rc; llis ~pplicadon 'Will. tE:JIUinon file in the CJty Clerlc>s Office for D. period of 2 ycaa: from the date it was mbmitted..lt w.ill be me appUant's res~~iIiry 1'0 cn.sure thai: a cu.n:ent app.li<:2:oon is on.file.. . UII~O/~OOb ~~:~l ~blo8B27BO TH:: Ba'lER I:.R('" , CITY CLERK 07/1: r08 ll~ 16:34 FAl 5811 714 o~r13':e~ 14:1~ Sl;lGF$:::7er; BOER I3RCt.P eJny B~ch 1" Avenue each. FI.. 33444. Whil~ I 3)' not bave quali.:fications dirccdy :related to hi3torical pt'C3e:fV3JiOJl~ I am interested in hi31~ cal in tegrl t)' and (be challenges inv(;)lved to maintain chose values while trying to ~cco OdfltC gJ'O"vth. t ama 1< . dent of the Histonc West Sealers ~ttict and am C1.lrtentlyp.a.(tiqpadng in rhe Easeme t Program. crWed lO~toxe and retain. cultura.Uy hi3rQI}cbo~ in our'neighbomoo<l.. Wheo . a work.i~ c01DpJe~ I.wiU be JDO'\-mg back Into the hOU3e 0)1 3Jd /). venue that I bave lived ilJ Q'( the pastyo.r and ~ half..}(y MOther.llves around the corner on 4J1) . Avenue. . .E:~ampls of community s~:vjceprognD:l)s 1 h.ave co,'~ibl1~toin Palm Be~cb COl1nt)'Jind Boston. . A include:. . Co unity ActioriJ>.rog).-am (CAP).J!r.l$We,Ung ~hones. aid appliC'ationnsststance. foo P8nffy.pkkingUp.i~vc"'~~ng .and distributing food at <::A,P. WOlleu.Infants and'Chi)dteIi ~C).1li.dap:pJic8ti.on asSfstzmc:c D.iJ; ilities Right Cemer.$sa pl;~ssingle&31documenUl. . Fu~ A..s""istl'mce~og:raJJ;)~ .C'jualifYmg. ~alculating and.p.roce~siug br:nefits Unr Way. programre~\V.er . S . iaJOlympics. te8.fD c:ooJ;din.arO.f Uab 'tJit fo.r Hinnaniry,.hori:\e Construction & Paint YoltrHeart Ollt voJumee( bar of the West Palm Beach A<b:el:tising Federstion we tegl.1l3rlyhost groopa of . from l~J universities lOvistt o1lT.off5.cc. or make a prdem:arioo on advertising iii srooms. grateful for che geneTOlU fonds thai are helpfng to relieve the ~moonous &andal )Ul'den restore my home. Any way .th~[I can begin .to reciprocate for (his 3mazing , )P~nu . ty I \\IiJI be gla~ to. . ) free .to <:aD. witb anyqlle.8tions. ""7'L.4.. ~ _...-.. - VVYlAh'~ PAo3E 1)3 fI:l 003 Pt6E, fr:l T " DRRAY BEACH ..."..... ***** iiir .1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION RECEIVED AUG ~.5 2005 K 'tj)jtTJ . {!/lird JJIf..J)/ r~l . . infonnation: 2. ~te State 3. '4. City State Zi,p Code . S. Home Phone:. j~{ 6. ~usiness Phone: E-Mail Address: Cell Phone: Fax: 7. 9. /U ~~'l!)CJ .gu...S';/Ve S 10. List any relat~ p.[<if~ional cet:tifitations .an~... lipmseS wb.\Ch. you hold: ~.e.\o<. .-vtJ'\.. ..5 ~s I cc.e.-N<c-e- .~(E~~ ~\~~ a~ve statements ue tnie, and I agree and understand that my misstatement of trulterial &cts - -on may ca fo,fcitw:e upon my p",:, of""Y appoinbn<t>' I ~ ;ic;e. , . . -. [sj.s-c>~ . . DATE I .. !,,~ote: .This application will re.lD2in on file in the- City a~s Office for a period of 2 years from the date it was. ..su~J:Qitt<<;d It ~.be.the applicanes responsih~~ to ~. that a.cutrent appIiCltio~.is~-noN ., ... Hi d ~ : ~ . ~n ~ ; ~ ~ ~; ;;f t:1 :r. -,-~~+0?. .~. .. H__ u_u~ . m "B-A,,^, t=~~lC::' -~-~(o)\~} . . . ilf. .~~~ ~:::~Jrc> (~~ ~'-L .. ... .. orJc.. . . ..-........, ~h IVh.6b_. .., , , -- ..__J. ......'1.... ~.,N,~.... .......... '" - _ :- _u_ -----1- u_ . ... . . _ c' .~: u lCz~_:_:__ _--:_:-:~_-_ _- .u .. .. ...... _ .' ..__-:=~ ~ ~- . . . . ...~,<?~_.::'..~~\.~.f\J:ce- . . ........ '... .., __. ..... ...... .,' ...,. 1;.1. ICj~Q-:- lC;k~ GCN,.,t0~~~~~or-.l.. \.) .~-::.::.. ~l' . ... ~ \A-)C ~~ ~~_~~+ ...' .. ", . .' ~- . ,'.:.. .~. ., lIt. (C?6;> r;g--19.7 ~ Le V-fYL: ~~~.~~. -g.~: .: , .,...\ It, . 1 L "")- .lj~ ...., Tf1:-I<-~-'-EhL'l.r - .,.. ..........u_ ... .:::'-.~-.-. . ....t!f,- I<i7il:-jq 7\ .X..;~L{cl.uJ~:r-~....-- _._.._~u" .'h "-... '..l~..: .....,. . :I~5J.S~LLI.V~~,~~!.kh0;~.. .~\...1iN.~~A'9:LB~c . fl ,.. -~7.. . --A-."~l"--'-' ."--.'---"-'~..-~~'-.'. ..... ..-. .. .,...... . .... ... :..-........-....-.---.-.........---.-'.'..:..-....'.'......-,-........-...--....'-:--'" .l~\ 11_ - .... '-. ' .:......._....._. h,.., ......,. ............--.-..-:-.-:-...--.-.--..---........~.__.._.h__....-"...,:.._..__..______.'__,_:.._. . - ..'. . U I -l 9Ji-S- (~tCZQ-Al-.~:'-'?-f/~~fU.t.dx.,,~\C2~=u_ ------ --J ... . J'=e4\r:dl .-Xl fL~.c~~~1hW"- -:-UM?_____u. . __~~____~J!f _ .........~~~t~S-~~~~9~1~{.?r ~\ ~~~~_~ f"'\'\ . ~... _.:. . ..... - .. ., .-.. .. , . .. . . .111 12-eJt \ e.-S~/a,tvh 7-~/~ ~QD.\.I\l .. (' . co\l~~,. '. : -. ' :. --~l . , . 1 ~ . . f': Ii. -p ~ \ \ \. -(! ~Q., ec.l- ./3J0 .7. ~o tit \41l1V9J'1'~ J,)(4~ . ~~ ~ . P\ t,i?'{~3 .. ~&l -d.-7Co -~c;..o7 . ". .;.: DELRAY BEACH , , . .. .. D " ***** All-AlDericaCily '(UJ! 1993 .2001 CITY OFDELRA Y BEACH. 7/11 jlJ t{ BOARD MEMBER APPLICATIO~E.O . RE.C€.\ . J U '- " 1\\\\u. c\\'{ :\ ..1 M Zi Code 5~1Lf4 Zip Code Name L\ via. C- Ity 1d y'Q 13eltch City State t="l State Please e or rint the followin infonnation: 1. Last Name: Londx 2. Home Address: . L A . qOI N. ~W!() 10(\ . VQ..r1UG 3. Legal Residence: ~ aJVk, 4. Principal Business Address: City State Zip COde 5. Home Phone: (5lol) 7JD5 - 32..1 5 6. Date bf Birth E-Mail Address: Cell Phone: . Fax: .landr~ tefl(ll~ ~~. ~) URQ- 12J31 7. fu:e you a register.ed voter? If so, where are you te~ter. ed? . Ye:zs C0rQ1j=&~d1 (Pl.l(M IVch :e(JO~ ,rL. . What :Board(s? are you interested in serving? Please list in order of preference: H (~lC: . rQ?L.rVcih. 0 V\ . Business Phone: . lolZ>l.. ~4 . 8.. 9: List all City Boards on which you are currently serVing or have previously served: (please include dates) . lJOI/U 10~ Edu~~n,al qu~fi. F.aPons: .. 11:'L ,.- ... ,. ILl t)~ ~~ 'OQ-I tl'lQ.N tDfm Lc :. Cl; 11. List any related professional certifications and licenses which you hold: . . . 12. Give lOur pres ~ ~r most recent employ~, and. poSition: , . 5e1t -; t..fY\. ents are true, and I agree and understand that any misstatement of material facts forfeiture upon my part of any appointment I may receive. . w/30/Ob DATE Note: This application will remain on file in the City Cl~s Office for a period of 2 years from the date it was . submitted. It will be the applicant's responsibility to ~e that !l. current application is on ~e. . <,. . lUttU-.t (~u,yQ 0""- ~~duq ~ ~ (~~~rlQJs ~ rQtjPDL~LbtLlli5 -lo V\le-L ~prd~nb-t oui bbfd iWfl. dlU51 nA. ~ 1 I l I i .j i i .......... . ." "':-".::.::::::'-:. . .~. .- ':' ;:". :.- . ,".. .:.......... __0"..... . :;...,. ..>:'A~L~-:~;.(:.~~:t~\>':< ~..~:: ... . .". "._ :~.~'.':::" ...~.::::..--=. :;-;y.~:.::.~..?:..._; :""i. .~- :'~ . .' ,:': ~ :::.. .... ....... ",";" . - -. - . . - .' ~ .! ..:.....:. ..-,~...::--~..:.:.;,.~ :.:..,:~.".:';'.:'.: . ::.::-...:.::.:.:.<:....~::.-~:~.:~:~.::::~....:.:.... . ..... -.- .-7.....:. :-:;.-- ,": ...... ..... ---.. .- . . ". ..~ ".. . . ... ... :." ~ ".;-.:'. .::~:, '..:-..'..;. .',:.,:,:~:. ,.,:':.. ......:'.:.:. '.'. "';..'. .:.:..:' ''O . . - . . '.' .. .:':":.,:". '",::'.::::. ,.--:'" ....:.:. .' .... :,.:~X:!~{i~;,\;~~:~~z\>/::'.,:':~:~.,~,:::'..,~:.,. .'..'.:~..', .:. .. ..;:; '". ."' .- " ," :.. -." ..... -. . ........ .' ", - .:.: -~'-'. ", -. . '". . 0.. '. _.... . ".'O _ ~ ..: ~:'.' . :."'::' ":: Otl/Q3i05 ~~D 14:33 FAX 5812433774 eea(~flJ002 CITY OF DELRAY BEACH RECE';VED. BOARD MEMBER APPLICATION AUG - h 2005 C~-...< r. . f\K d"i' gj IYJ i . M :; /1-/:;; L /' ') Stuc. . 5.tiC.-/!.... ;- L Sutc CITY CLERK DB..RAY BEACH ~ ) 'lllt~ . 1993 2001 N~\ Of Sbte ~hoo to. LiSt any I:e'bI:t;~rproEessio~ c. t.rti.fications w~ licenses which you hold: .'Z . ./0 fG Note: 1bis applic.stion will ~eUWn 00 file io. thc,City Cledc"s Office for:3. period of 2 yc:u:s from the chtt: it w:a.s submitt.ed.lt will be the 2J?plic:LQ.t's .[cspons:ibiJ:ity co c.osuCc tlu.[ 2. cua;cnt appliotion is 00 file. . . , . ~~t10r' l-d dSS:~O SO ~o ~nH RESUME FOR PEARL "BUNNY"'"' MARKFIELb ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER .FOR 14 YEARS REALTOR:COLDWELL BANKER REAL ESTATE{22 YEARS) PRESIDENT MERRIIT PARK HOME OWNER'S ASSOC.6 YRS BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRA Y AND CURRENTLY VICE..PRESIDENT. :..'> . MEMBER OF THE SWfNW REDEVELOPMENT TASK, FORCE SINCE IT:lS INCEPTION AND .CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE. . . WAS INSTRUMENTAL TN STARTING THE DELRA Y LOOP AS A. PROD PROJECT. HAVE LIVED IN DELRA Y BEACFI 8 YEARS AND HA VB ENJOYED EVERY MINUTE OF IT. I LOVE . LIVING IN A VERY OLD SECTION OF TIlE CITY . . AMONG A VERY DIVERSIFIED GROUP OF PEOPLE~ . . AND~I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. ) .,) ) ,..... .3 DELRA Y IS DEVELOPING AS A WIDESPREAD EXAMPLE OF HEALTHY URBAN GROWTH AND I AM HAPPY to BE HERE TO ENJOY IT! un';lJ~/OS TIn! lS:17 FAX 56]' ."l3774 ~Y.aF.AtH - '. "UI: -. ---.- ......_..J.A.....:....' CITY CLERK . 1993 . - 2001 CITY OF DELRAY BEACH BOMD MEMBER APPLICATION RECEIVED AU6 -.'5 2005 III 00.1 ~--k//cy ~jN g - '-=-0_1 PI~ OJ: ant the foU- infOnu2.tion: 1. List N2me: /1// Ie,. 2... H7otd~ -OcU/} "67/ V; _ _ 3. Le:gU Residence; ~ SJ flJ-e" . .. . P.rin~,:BusiJless Adck(';S~C- (In/Jj' &' .aeslg/) . . . I c:z 7 93 AI LJ .5YCclRJI;J/} .tf!v Co - 5. ~om~ Phon<;:.' . Dusiness P~n~ _ E-Mail A4dr~ . ~nPhone:"l. _ F:u:: J I ~(I..z.?<. -.9.113. ~/3.3/ - 33-<'<"'Cl/e(jfd':lr-/n~ @ '.j"/J,/Je;!- /Fj /() '39/~3:3.2..-<- ~. ALe YOU:1,. f:~tercd 'l1'otet:i' l..'OJ If so. whe,:e uc you :cegis{exedl '. ~ / _ . (>Q . ~ -. . . /"rec//)u- /O~ 7. WMrBo:ud{s) ~e you jl1f~esred in sWiing? Pl<:<uc li5tin o~c o~ pi:ce~cc: '/jlOli ci /7ejc~" s~ ~J ...., .) a. . !.israD Cicy B07l:ds on whkh. you an: au:r:cndy ~ ornzvt; PJ:cv1oUsly =rVcd:' (Ple:l$C..indudc ~tcs) 1l.2/1?e.r~~ . l~eby ~ dn.t 2lllhe ~ve S12tem.en.t3 :are troc:. :me) I 2gtcc 2nd undecsbttd dUt llO.y mWt:Ltcmcnt of materi::J. f2Cb; ~ om, 2ppJi -0 =y "''''< {""Cd",," "P"'myp~ of=y.ppo~d ""'" <=ive / /~Lb ' . - . - . P/4/0J~ . GNAnJl(H' . DATB'7" / ,/ " I. , . joce:. 'ibis :application will rctnlUn on file io. die- CUy denes o.a'icc for ~ period of:z y~ from the d::a.i.e i1:'WlU : .. $ObmitOOd- IrwilI,be the 2.pplic::m(s n:spon"'1bilky to easute- that 2. ;~t appliatio.Q.. is on 1i1e " . -. ......~~. UARING DY DES I G N, ~I m L. DALE MillER AS.LO. PRE~IOENT CREDENTIALS '.. .State of Florida License to PraCtice Interior Design in 2413. I . ~JCe :Pr~'~ent ~S~~ .t:=S~ .(~ri~n Society of Interior Des,iQners) 19~6-7 board ofPi'reCtors: AS~O fSC .cAmerica.n.Society of Interior Designers), .. Boaid. bf.QfreCtors:. .lOAF (Interior Oesig~:AssoCiatiQnFoundation) 199&-29.01 PUBUSHEO -: ., ~outh Florida. BUSiness Journal Nursing Home Magazine .B6ca Haton:Maga~ne InteriQr Design. MagaZine .rlorida Design Maga.zine . Palm Beach post, Sun'Sentine.1 . . Orlando Sentinel . losAngelesTimes .'. .i ::,.~ AWARDS AND AFFI~IATIO~ AWARD:AsID Design Excellence Award 2POO . AWARO:,.Woman of:Dist~nction:.1996 .Soroptimists International . ',. .. AWARr;): Junior :teague D~i9iler Showhouse / :.. ". . .. . . . AWARD:. ~QspiCe/A$.~.D.. .De~ign~r Showhpus~ Board of DiieetorS- Children's Miracle Net~ork .fmmediate p;;Jst presjde~t:..Profe$siona:Js for ,the Haven President:.'Professionats .for.Children'sGharitieS :Vice.:Presid~nt - BUG$.Boca 'Ratp.:l' Mliseum of Art . .- .: 400. .." .- . "," o. , . . . .-.... .' -. - ." <Ii, . .' .EDUCATl9N , . .. ..: Fashion I~stitute't)f Technology . . Nt'JOQ'CERTIFIED: Buiiding and Barrier Free , . . '\ (597., N~FeDeRA:( .Hi(;iHW~.~' .: .. . .~UITe:400 ..: . .BOcA RATO~. FL.334.8:7. . .561-9~9"O~!'.: .FAX. S~'-9,9~-O~!;) . l I,t I 1$ I' B Y $ J A J ( t ,f f lOB I . AI I T. ,( 1.1.1 I D.l S.I C.. i I.i t I Z 1'3. .' , , . .' -... . , , . . FROM : Bet.sy ,. I-li ke G.Jen . - .'... 1I.u>> "'I...:J r-'l.l. ;J FA.'>\ tI). : 561-276-=-4717 JJi/l tl!y CLERK Ju 1. 13 200; 02: ?5P\'1 P1 ffl: 4)02 'I 1'93 2001 REGE\\lE.O JUll 3.20tl6 CITY OF DELRAY BEACH K BOARD MEMBER APPLICATIONC\l'l CLEP\ "Pltase t)]:>e or prim th~ fol1o~NiQg informacion: 11. N~t;: iw~N, L H~e^dm~ . . 0 g.ec.~ A-N BLvD 4 E 3. 1..egal Rr;sidcilce: . . .,<s A-Trl E. 14_ PrlDdp.J Busin<s>-'l.d<k= G'f S.... . S 3. . Hocic Phone: Bu&inc6s Phone: E- M:u1 Add.r~9S: Ccl1 Phone; Fax~ l51vl'~'lt.;'41' ~ 1-~$).'35~2 owen@aol.c.~m g,1-.,(&)~.:351' r Due orB'nh 7 - If "'. ....."..'" ,.,. "flio<<-edl Q. ;tl ~') -1 ~;" ,d.;,,", Pl_"" in ,.... of p,d<=-. . L~~'UH P~~UV-~O"._. . L ; 9. I..i..~ (:all CiTjB~td" on 'b. n'l}}.el) you llcctll:~C-.rtly ~er"lng o~ t.ne prc\olout1y>en>o:l: (l>bse mdude dntcs) . _ . 1;;:. D.\.) Cf}"n o~ A-R.;D 4"1 iC t=H2g . e..J+-~.. __ .. Zip.C<><k: $1,}-,2 ."'-711 j I ;0. in~.tie..o,...nl-,Vi N6 E..nVCATloN .. . 11. Lin 21ly tckred profcs.Sioml cc:rtific:ano:1s ;md ~s<>swhich )'011 hOld: '..Bt>0Cfrrro\)~(.. eeR..-r, FICfl"rE SiN~F 15 k3 ,., . . I .K~J9.L Eb'lA--TEk'C~H~~ -S;)NC-e- . ,QB3 ~ ~2. Give yom pxek.iit~or ai~t recent employe;. and po:sjti,,~ pgc.Sa,... ~NGll.\H\~.p<:.tn=:L . . CoL-'Dw1!n.,~ .2 e.~~TOR.. 13. r:~i>. expetie:1ct:3. skill, or Jaic~edge "Which quAlify you to SQ'lfe oa thi$ bosUdl (pb6c :m:Kh .. brid resume) L~E;N.ss:-S A-t\lL> Ei'CPGRIENC.E . , I . 1 hotftby c:ordly ~ ;ill the above Sl:I~ ~.: m:;.; and 1 :Jgr~c ;md urldcr$wtd dl;ll any.mi.sStarcu:cnt of JIlat~:allacu .. cOnt~ . in tbis ap~n.~y 11 a ann66':': u foxfciw.lC: "poillYlY pUl: of Any app<>;ncmeo.tl IDli"f t<<eWe. . . , . l!~ ~.l3 dco{P t'J'~, . _ u . . DAT- ... : Non:: This applicacion ",ill nrnsin un file u: [h~ City Cle.ri's Oftj,ce fOL.'" period of 2 yc;a.r.; from rhc da~ !.t '\v;u robmittecL It ....-ill be the 2pp~in'" ce""po~ibilit}. to l::Isurr: rhat;:l CUIttnt applicaion ~ on lik fI 1993 2001 f\ E. GEVI/ E. 0 .\\\\\} CITY OF DI!LRAY BI!ACH)U\. V-l'l . .' BOARD MEMBER APPUCAl(!R~ C\J;.'i\V- 7-~-()fl infO[lJUltion: 5. Home Phone: Business Ph()Jle:. Name M.I. I. rrestDf\ 2. Home Addl:ess: 3. " I, 4. Principal Business Address: 3~.~~1Si- *_ Gty .1?;> E-Mail Address: Stare PL . Cell Phone: Pu:: ?,. ~S11 .7. Are you a registered voter? ~'IO. &,~ C$ 8~ What.Bollrd(s) lLft: You intercsted In Il~g? PJeQ~e list in order o(~krence: 9. 11. List any tt:I~ted profeil8io,~cc:rti1ications Jlnd liceoseswhich you'hoJd: , . I her~b, cenify thar 2ll the 2hove tea entl uet:ro.e, IUld I 2gree and undcntllDd dlat 2ny miutttoneut of mllterial,facu erred ;"w. 'Pp~. . n ""'l' C>l>o< .roncinm:opon my pan of any app~itument I lIUIy ~eive. . . n~ . . . 1-~ 06. S~GNA1UR.R DATE Note: 11Us appliotion wiD nmm on file in the City CleJk>>s Office fOI: a period of 2)'t::US from the date itW2S submitted. It wiD be the applicant's I:esponsibility (0 ensure ~3t fl euaent 2ppliution is on file.. ;:t\ ~...J ~I~T~ ~T~ICTU hOICrO"7Tnr n7-nn nnh-J-T/,^ DURAY BEACH ......... ***** R.ECE\VED CITY OF DELRAY BEAl;H-. ti:2 2006 BOARD MEMBER APPLICATldi . Q~ .C\TY CLE.n. 7-/3.~c8' ML . Name . S l1.Wl tJ~\ City O-e.\ V'Q City - JUl..Alle.IeaCity 'III J! 1993 2001 Please e or tint the follo. infonnation: 1. Last Name: R~ s 11'\' c.~ 2. Home Address: 2. B '3 ~ ~ w .\ ~-r" cs. -rr"<.~-t 3. Legal Residence: -5 a. e. 4. Principal Business Address: State Zip Code FL ~~ State Zip Code " ..:..-- - '5<<'Wl-L. City State Zip Code 'R~~ --- 5. Home Phone: S c.,\ "~=lO.. g 41Q 6. Date of Birth Business Phone: L\)~\L-t... 2 2>~ ~... 7. Are you ~ registered voter? .E-MailAddtess: . Ce1iPhone: .: ... $bl..2S1-',~ - w e>1,41ko .l'~ If so~ where are you registered? -fJ-. . ~~,J (--,9 Fax: l2-11l ~ I~D ;e.~_ Oe'lV' .~, . .8. What Boaril(s) ate you intereSted in se1:Ving?Please list in orderof prefeteQ~ . . \ . h,^t:.t:V~-s t'V\Jtd,.." .JlJ.c\~. e~ "'Pc..c..-:k"'. .~:U~~ . iO... Educational qualifications: t3 kk...(~ ~. Cl.v,"~. 11. List ~y relatedprofesst.. 'onal certifications and licenses which you hold: .e a#'~c.4.v' -(. U vwe .. 12. Give your preseQ~ of most reCent-employer~ and position: . .~. .l-(.ttu . ., c \4 ULoS~'. eo)..J,U.d..~ ~ .e9 ~+4A I hereby c'tttiftthat.al1 the above smtements are true,. and I agree and understand that any misstatement of mateti2l &cts contained in this application may cause fo:rfeiture upon my part of any appointment I may receive. . ~/L?/o6 DATE ~. Note:. This application will ~ on file in the City ~s OfJice fOJ: a period of 2 yeatS from the date it was } Samuel Resnick . 2835 SW 13th Street Dekay Beach, Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education . . a) Graduated:from City Conege ofNewY ork in Aug. 1949 with a Bachelor of Civil Enginering Degree.. b) Completed various courses in Building Code Administration and code analysis. Theses courseS were givenJ>yBuilding Officials and Code. Administrators, . Intemational. (BOCA) . ,2. LiCensing . '. I a) Retiredprofessiona] engineering licenses- Florida, Connecticut, New York, New JerSey, and Vennont. . b) Retired registered atchitecturalliOOnses- Florida, GQnnecncnt, New Y OIle, Mass.,VermoDt,Delaware, Petmsylvania, and the National Council . Architectur3lReview Board. . c) Certified as Chief Building official by State of ConnectiClit in 1979. 3.0rgani7.ations . a) Was member of State ofConnecticlit Codes arid Standards .committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technica1 College. . '. c) Member of the construction panel of The American Arbitration Association. . d).Member of1he.Palin Beach County Board of Education oyersight committee on school construction fro~ 1995 to 1996. 4. Experience a) Oct. 1991 19 Mar. 1995- Consultant to the Mayor ofNorwalk, Ct See attached letter. b) August 198610 Oct 1991- Private practice as Atchitect~Engineer. c) March 197810. August 1986- Director of Code Enforcement and cmdBwdfugOffici~. . d) June 1957 to March 197~ Private practice 3$ Architect-EngineeJ;. e) From 193~ 10 1957- (~~cevt for two years in U.S. .Navy and three years . in enginering sChool) worked for various architectural and engin~~finns.. ~ '. O.FFtCEOFJ'Hefv1~VQR FHANI\J.E$PQSITO.MAVC,Hi F~b):\la~y 21,1995 :TOW1lt>'illtt:M:Ciy>Ooncern: ~~l$.I.tt:el:'i,sbyway-ot in'troductlontoaVeryflne arebltect"':eng'ineerfrom NOl:'lfalltt c:onneeticut" ~u~IRe.Snick. .. . $a:llfJ'et;1.red'rrollrthe City in 1986af'tEarSYf!~()fservice as the Di.rect9:rof tlte'cl~partment .01:. Code .Enf9l:"q,~~t.,. ,..... ....In~~19ih~,~sb.:il:"~l:)aclc'tO,.. .1;heGqc1~ ...~~Q:r;~EriaE!ltt ....0ffiqe.,....a;s...,.....;ft....,.ctOtl~,J.l1.~~n~,:~()t-;~..'.~~ti.iY'f1~~{......,....'{Q9~9c~1;:,..4-.i.'.....t99.?-.....'tt;lilf9t:<tn..,.,'. );.,.1.995,;') During'thj$'tiltre/sam#S"dutie:~r~ .in addition 'to being "fiiy'. O'Ol'\sul't;a1)t7 were as follows: ~a:t:yzt;!dtheoperatioil of the Departlaent of COde .a$~ist~ . the .Oireetor '....... .., .,.. ......(:<<1~Enft)ree.1Aeri~ .........in . trt't;;eipret~tipnS4. ". - , . " - . . CI1:y'Coordinator ..tor...1$.eAmeri~n:wi.th [)~sabi1it:y <Act .. allcitybuil.dings{in61:udiJ\g's(:b.()Ol.!ii< forcomplianc:e".withAtJA...Alsoi p~~paredtheTrallsit:ionPl~n~$h,crrillq:me1:hod$.andcosts.tooompIy with JU)~" . . . . . . .. . - . . )tayor~sLiaisont:o t,heNC>;rwill)t$Qhool Ju~l.(li1'19Co_ittee"lier~lilall c:op! t:tQQ1\\1l~t:in9Swereat't~<led~ . . .... .. .. . .:cltyre"pt.$enta.t.ivefor~Qc~nst:rtlctd.on6f.tl1eC()nC~-Hal.l .at City. Hall. and.. .repai~of)(ater..d~l:I,ge,~1:.::nowayt:i:)nSchool. . "... . . . '. - - . . ...Coge .al1(l..p()stana.l.YSiS...Ofva~iOU$S(:h()oJ.'.'1;ilt~aflonSafia~~Qit.ion . wtitk. .. . . .$~"is'.......lteen.sed.'..1t\..eorirla6ticut.;.. ..ltQw...,}titkJal'1dP':J:orida ..~s.. ...ia......~~ist~ed ;i1PCbJ.'t:6t)'t,..... .... antI... ill... ...c:onrie9tfiqut,. ..N~W7():r:Jt.,...........)l~1l...J~seY.ap~l?t?1!'~~~i'~9 .........a. ,~};?~(,l"f~~~.::i;i<?l\al....~.~n9;,i.t):fa~:. ..... . .. ..lte ... ...... is..~h~+ii..~..in...;,~ht9h,...re.9'ar-d...by . tb.()se:':,LJ.~,hi.s," I.prot"ess!o)'lal. . fi,.eltlandtheci ty ~ "' . "", '-'.-- ." '~!!~~t~~~:I~~~~Fiii!:'I~~t:"t~~~~i~t~~ti!. ;any'org-cuiizatit:>}1wi'\:h.Whom he.l:>$OQ_s.a$$9td.:at~d;. . .' -. '-' . . __~_____>.__._. .. .PlJ3T OFF.c,~ a()xlIt:ts..12S!E:ASTAVENl,!t; NORWA\;.K,Gtooat~i'1~~tz3~~Ej:>iiQN$:;iOq~tl54,nG1 _,,~ ."...-...._',......-..v.......,.,.,,~,~~,_~,..;,~._-_:.......:_~_..._ .,^~~-----..~_.................._~ .'-..-.--.J rAUt: <!/~ lGuu~ _ . 1\ ylo5 CITY OF DELRA'r SEACH de~bITlPhye(J BOARD MEMBER APPLICATIOtf\ECE\ . . M1G -,4 1.\\\\5 , cR" C\l)' C\..~ ' ML --.-.-......---, ''''-V,J ::3.UL:~MJI 08/04/05 THll 09: 23 FU Sa) '774 erIY CLERK ~~8!'^.ti! bad \ 'fiiT! 1993 2001 infODD2tl.on: NS\IDC \. -.J-eff~ City ~OCp.." ~~~'()-N Crty Sb-te ~l- ~. $bce ~ Code ~A: ere ZipCo<k CUy ~~ ~~.-rL. 5_ Home l>honc: . 'B~inc:ss 'Phone: E-Mm Address: C)~J ~1~ 414 %1 Z7b- '~1> . ~~0:~~~~. 6. Areyou:u:egDtcr~voter? '-(~S IL~o. whcre:ueyon.registaed? ~ 7. 'Wh:u Boud(s) ~c you iotucst<<l in sciving?Plcue IDt in ordc.c o~ p.a:6fa:cnce: 4. P.rincip2l.Busine$$ Addxess: '5 2.. 4- Ne.2.J-l!O ~\e;:..~ State Zir Code ~~4~~ Cell Phone: Fa; . , . 5bl-~7'- ~~.rr- . ?>~. -+t~~ 8. WI ill City Bouds o~ ~~h you 2rC cuucntfy se.cviag or ~"eprevious1Y a~cd:~koue include d~ta} ...) \-l't~ 9. BduCltiO~ q~o.tioo.s: 0..., ~... .. ~Z.~'-I.~.C::::\I.~~ ~ ~-l: . .10. '\'--JC ~~1.1O.. 11_ Giv'cJ~ PJ:C$CIlt, OJ: most recull: eniployu, 2D.d p~itio~ ~E-l-r- - '12 Dc:saib~ upcxic:nccs. slcila oc bo~c whiClL q.Wifyyou to ~~ OD ~ boud: (pleslSt! 1tDcb. ~ bad zc:sume) A~L"\ ~ \J\C..c.. ~P.<"'L Ok> , ' . +t'? li:> ~o F:l.~ Ih . cont rti.fr tint tilme ~YC 3tate.inenb ace. true, ;;and r..s.gn>c and \1I1dcal::md tbu :my misSClcc:menC of muexi:al facts . - liODOD. matca.wle fod'Urore upon. aLY p~ of ~y llppoinPYn-.r I ios&y xe.cd:ve. . . ~~1-..:.0~ . DA",[E . .,);.., ~ '.,;.~. .:- r' SIGN . , . 2ppliq.ttOD -m J:enWn on .6le in the>C1ty OaJc>{9 Office for::l. pcnod of 2 YOl:S from the chte it wu submi~oo. . Ic:~:bc the appliCll.O.t."s 1:espon'Uhiliry ro ~e'du.t;a. c;;mrr;:nt appJic::anoo. is oil 6k... '. .' . . . ~~-- " 'i ! JEFFlttY SlLBERsnIN. A.LA'" AA; .') EDUCATION: 'Clad: University, VJorc(:$ter. Ma. L~i Arts MiUor Doston College. Daston. Ma. &onomics !pajor. one year . Pratt. .lnstitut<; Broolclyu, N~w. Yo~ A.rehitectinl ~gree. AmericaIl Institute. Of Architects Medal for Excellence 'in ArchiteCtUral Educadon HarvN"<t.UniversiryG~e ~chooJ ofJ)esigQ. Jun(d~89 . IJarvat'd University Gmd:wtte School ofDesi,go. July. 1996 ,qRTIFICA'tION: R~isiored Architect: Fforida arid illinois Jeffrey $ilberstein Arcllit~ct &; AsSoe.. me. was founded in 199{J: We are it srtloll fmn with a reputation forinnovatlV8 deSign and d~Jiv~ini1>1'oJe~ Within budget .and. op. sc:h.edule. T;his is evident M we continue CO w.ork with repeat eUenlS and fcfe:rtaJs, generme4 by oUr. reputation: Our$uccts'~vol~, :as. we assISt cJiCnb in defining project- . goals, well before suggeSting solutions;>. a .I>cocess thot creates 8 fullundet:Standing of. . objedives before .transfonnationinto~litY. . Jeffrey Silberstein., AlA. R,.A.. b"sover.?-I )'e~ experi~nce -in the field of ~hit~turnl deSign. urban design. .intcrior ,d:esign and tesid~tial I;U).d. commeriiai dev~JopD;1ent.. Silb~rst6in Architec~ Jnc. .Wl\$ founde4 in. 1990 and ~i$ located iuDelrilyBeacb,. Florida. H~ has be~n. !lSsOciated: with ~:ybuDding ~$. jn.cfuding educ;mOnal facilities. otJjce- . bui'tdipgS., in~erior office and res~d~tiM renovatio~: musemns~ 1iJ1 galleries. ieligiol.ls fadliJics, re~idence'.mixed;. use dcVolOFcD:~ RI1~ co~ereial'proj~. . . 10 '1998. Jeft:i"ey .$U~tCin .W8$. :plCSfinted .The,~~d of HonOr tor J)esign by~e AmeriCan In'dNte of AFcbife'r;t$ (AJ.A;). .H~ w8$ ~gni7cd to.r ~ehigb . quaUty and ,ori~fitj 0.":111' ~ork oVer en extende(f'Pe~Od.6(dme"_lJud~tiOD to.tbIS'specialhoDor be bas g~roered nlany A.lA ~wvds. for .v.aricdJ;~oj~ His .wQrlc bubeen f~ted in The Miami Her#ld. The Sun -- Sentine\ .1h~ .PaIm',Beaeh- Post, Florl~ Aic:hitect. Intenor 'Design, The Boca Raton News~ Archit~.Rtc:()rir 8J'ld other mternational publications. . Mr. Silbe.rstein bas ~ed ~ ".g\i~t writer fo'i the Hanford ArchiieCturei ConServatlct ahd The hhR Beach Pent. a critIc me.tti~- pf the W~rlc.s -~t/lItCommitiec ~f the Boca . ~ Muse~ of Art.. a. m~bet of J~ot .i\chiev~ent anci:~ inemb~ of The. G~ce . Comini&siOn un tbe'~oca bton C(ttpn~\DiitY ~eve]Opinent Ag~y:Task F(>Tce. MT. Silbemem."esides with his wife Rosemuy.and tw~ daughters. Ang~Uc:a IUld Sarah in BoCa.Rat~, Flopdn. ..' ) Z1~ 30Yd !nVlO:Ol eO-gZ-AVR ! 10<: . . ~ ~ r.~:J I 1"u'""\uw . "IT'" in'.M"'~"'^ ....... Ii...... MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CIlY MANAGER AGENDA ITEM # q . G - REGULAR MEETING OF NOVEMBER 21.2006 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD SUBJECT: DATE: NOVEMBER 21,2006 Attached for your review is an application from Roger Cope for consideration to the Historic Preservation Board. The appointment is scheduled for tonight's City Commission meeting as Agenda Item 9.G. S:\City Clerk\AGENDA COVER MEMOS\City Manager Mernos\City ManagerAdditional Board Application 1121Q6,doc DElRAY BEACH ~ _II__CIty , III I! 1993 2001 RECEIVED CITY OF DELRA Y BEACH 06 BOARD MEMBER APPLICATION NOV 2 1 20 CITY CLERK Please type or print the following information: I~//t; ~ 1. Last Name: Ct ~ a.-:>. Name 20~~ M,1. J ~f~ ~ . 2. HomeAddrerod=? ~- A~ ~~ d \. h;::;,' "--r 7.... , ~. "h 'C'-7 J'? I~'-' lL..-- ,o::-r '7 3. Legal Reside\lce: ,./.. Cit ' State Zip Cod l/'lz --r,r-, ~_.J 1Z~ ~~ --- 4. Principal Business Addtess:,.. /- 8f.[. c; ~ ~~~.f2:.. ~ State Zip Code . IA~ ~~ ~~~ ,...-:. ~ -L ~ Ifl ~'Z ~ 'A k7 I~~:F I ~1Z- I " ~ I 1""~1 L,...--. -r7J ~1O 5_ Hone Phone, Business Plmne, I E-M.il Address~ h~1~ F= '2-7 < 'r:-~~ ~t.--l i~K rz-7L.~-&77e:;~ I_C-c.. T ~~ I ~ JJ@:t" 6. Da e of Birth 7. Are y( u a registered voter? If so. where are you registered? l ~ ;(~/p~ \"~'7 '..-1_ ~ r- 1....~ ~1 - . L--. 8. What Board(s) are ou interest, ~ in serving? Please list in order of preference: , 1 Hlc,. c...r1C-- Fre%~/IJ C>N ~. 9. List all City B ards on which you are currently serving or have previd usly served: (please include dates) r " .- L ._ c:? ~ r: f/~ ~f" ~ ( '4 ~ -;--;.~ t,V~~ A4e> ~(i ':..T - r~_ L- 10. ~ nal'l....ly1on: ,~' , --rr I .-. ~ -H Ht; :t11....... ~ ' M~J .1--=1-1; - I'~ _ I~:;..-a tfT' ~<--'I .~"" ..J::f I? ~ 1_ W. , r ~ , 1 IT T T '- ( ~ I ~A t::; ....~~ 11. List any related professional certifications and licenses which you hold: ~- ..A- '..to-- _ .- 1 ~ . r ~.~.I~ L.i- - If I~ ~<Pl - I ...l ~ r iT \~...::;::::: Y .c:--rl.- .~ . I - 1-. 12. Give your present, or most recent employer, ana position: hd:. 4:Z.... ~r-t .- . ~ I r ~ -r y:;....'h t J.. 13. Describe experiences, skills or knowle~wbich q7 you to serve on ~ board: (please attach a brief resume) ~ t---~ J.lIq~~?,j (~ I- ~ ~ -"-- t ~ r .,. .11Z-- ~ ~I""'" 1- ... Jk. ,I'~ </0 ~-1~b l) 1 I~ ~ /.~ p :;=t::; I' -I" - ./ -" .;* ~r T"f"Z- ~ Ih ~t statements are true, and I agree and und~~ tllat any misstaFmr.t of mat' J'= ::s; ?~ ". ~~ a III Il.j ., fodeiture upon my part of ...y 'PP"" ~,. I ay it '7 t1fiJCI ~ 11::1"-' , ( rt 'h ',I, SIC NATURE . ~. J J DTE N~ e: nus a ~ c JV~ lei . on file in fte City Clerk's Office for a period of 2 years rom the date it was I submitte ~ a I>plicant"s r sponsibility to ensure that a current application is on file. ",",UV O!\ ~ TO: D~~ FROM: PAUL DORLlNG, AICP D RECTOR OF PLANNING & ZONING SUBJECT: MEETING OF NOVEMBER 20, 2006 ** REGULAR AGENDA ** CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS SECTION LDR SECTION 4.4.29, LDR SECTION 4.3.4(K) AND LDR SECTION 4.6.9(C)(8)(a) RELATED TO THE ESTABLISHMENT OF A NEW ZONING DISTRICT TO BE KNOWN AS MROC (MIXED RESIDENTIAL, OFFICE AND COMMERCIAL). The item before the City Commission is approval of three City-initiated amendments to the Land Development Regulations establishing a new mixed-use zoning district (LDR Section 4.4.29), establishing minimum development standards through modification of the Development Standards Matrix (LDR Section 4.3.4(K)) and modification of LDR Section 4.6.9(C) (8) (a) which will allow the shared parking option for the new zoning district. This ordinance was first before the City Commission on June 6, 2006 at which time the City Commission reviewed and continued the ordinance with direction that staff meets with stake holders in the corridor. Staff met with the stake holders on June 16, 2006 and several options were discussed including pursuing a form-based code for the Congress Avenue Corridor. A proposal from the Treasure Coast Regional Planning Council to create a form-based code was forwarded to City Commission on August 8, 2006. It was the consensus of the City Commission not to proceed with the Form-Based Code option but to modify the proposed MROC ordinance incorporating comments made at the stake holder meeting and other written comments received by staff. The ordinance was again modified and the stake holders met again on September 19, 2006. Several additional comments were generated and the ordinance has been modified to accommodate these additional comments. The amendments create a new zoning district called MROC (Mixed Residential Office and Commercial) district which encourages mixed-use, identifies permitted, conditional, accessory and supplementary uses allowed, establishes maximum thresholds for each type of use, establishes review and approval processes and provides specific development standards. The amendment includes modification of LDR Section 4.3.4(K) to add the MROC district to the Development Standards Matrix and LDR Section 4.6.9 (C)(8)(a) to allow the newly created district to utilize the shared parking option. . The primary function of the district is to attract Class A office development while allowing residential development including workforce housing. General retail uses including direct support services and other retail uses would be limited to 20% of the overall building square footage. Multifamily development up to a maximum density of 40 units per acre, and 50 units per acre within 2,500 feet of the Tri-Rail station are proposed. These would be limited IO.A City Commission Meeting of November 21, 2006 Amendment to (LOR Section 4.4.29), (LOR Section 4,3.4(K) and [LOR Section 4.6,9(C) (8) (a)). to a maximum of 100%, 85% or 75% of total building square footage depending on distance from the Tri-Rail station. A minimum of 20% of these residential units are to be workforce housing units, are to be moderately priced units, and are subject to LOR Section 4.7. Buildings are permitted to be a maximum height of 85'. All floors above 42' are to have facades offset and varied. Office and commercial floor heights are to be a minimum of 12' floor to floor on the ground floor 10' above, 9' floor to floor for residential units, and 8'6" for hotel, motels and residence inn all suite lodging. This district is to be applied to property which has a mixed-use Future Land Use Map designation and is bounded by West Atlantic Avenue on the north, the C-15 canal to the south, 1-95 transportation corridor on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South and the Office Depot complexes, located just west of Congress Avenue. Concurrent with the adoption of the zoning district, a Mixed-Use Future Land Use Map category has be created and submitted as part of Comprehensive Plan 2006-1 to the Department of Community Affairs (DCA) for review. The Comprehensive Amendment 2006-1 is scheduled to return form DCA for consideration by City Commission in January, 2007. After the land use amendments are adopted rezoning of all properties to the new MROC zoning district will be considered by City Commission. The revised ordinance was considered by the Planning and Zoning Board on October 16, 2006 at which time both written and verbal concerns and comments were made. The Board then discussed the ordinance and recommended continuance. The ordinance has been further modified to address the written comments received from Ms. Collene Walter representing the County interests and Charles Siemon, Esquire representing private development interests in the corridor. The revised ordinance was reconsidered by the Board at a special meeting of November 6, 2006. The Board discussed the issue of non conforming uses and recommended approval on a 7 to 0 vote 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 establishing a new mixed-use zoning district (LOR Section 4.4.29), establishing minimum development standards through modification of the Development Standards Matrix (LOR Section 4.3.4(K)) and LOR Section 4.6.9(C)(8)(a) which will allow the shared parking option for the new zoning district by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: . Proposed Ordinance · Planning & Zoning Staff Report of November 6, 2006 2 MEETING DATE: NOVEMBER 6, 2006 III. A. AGENDA NO.: AGENDA ITEM: CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS TO ADD SECTION 4.4.29 "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL DISTRICT", AND MODIFY SECTION 4.3.4(K) DEVELOPMENT STANDARDS MATRIX, AND SECTION 4.6.9(C) (8) (a) SHARED PARKING IN ASSOCIATION WITH THE ESTABLISHMENT OF A NEW ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding three City-initiated amendments to the Land Development Regulations establishing a new mixed-use zoning district (LOR Section 4.4.29), establishing minimum development standards through modification of the Development Standards Matrix (LOR Section 4.3.4(K)) and modification of LOR Section 4.6.9(C) (8) (a) which will allow the shared parking option for the new zoning district. Pursuant to Section 1.1.6., amendments to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Planning and Zoning Board held a public hearing on this request on May 15, 2006. The Board recommended a minor change that would limit stand alone residential buildings to a maximum height of sixty feet. This change was incorporated into the ordinance which went before the City Commission on June 6, 2006. The Commission reviewed and continued the ordinance with direction that staff meets with stake holders in the corridor. Staff met with the stake holders on June 16, 2006 and several options were discussed including pursuing a form- based code for the Congress Avenue Corridor. A proposal from the Treasure Coast Regional Planning Council to create a form-based code was forwarded to City Commission on August 8, 2006. It was the consensus of the City Commission not to proceed with the Form-Based Code option but to modify the proposed MROC ordinance incorporating comments made at the stake holder meeting and other written comments received by staff. The ordinance was modified and the stake holders met again on September 19, 2006, Several additional comments were generated and the ordinance has been modified to accommodate these additional comments, The major changes are summarized below: . The allowed height has been increased from 75' to 85' and minimum floor heights for mixed- use have been modified from 15' to 12' for ground floors and 10' above for commercial or office uses and 9' for residential floors. . Reference to requiring provision of very low or low income workforce units have been removed. Moderate income workforce units have been retained at the 20% vs. 25% level. Planning and Zoning Board Memorandum Staff Report, November 6, 2006 Amendment to LOR Section 4.4.29, 4.3.4(K), and 4.6.9(C) (8) (a) . Under the Purpose and Intent section, additional language has been added to emphasize the zoning district's objective to create high end jobs and increase the tax base within the corridor. . The amount of total floor area of a Master Development Plan which can be residential has increased from 40% to 100% within 1,000 feet of the Tri-Rail station, 80% between 1,001 feet and 2,500 feet of the Tri-Rail station and 75% elsewhere in the corridor. These percentages have been obtained from the maximum development potential proposals created for the County parcels within the corridor. . Lot coverage maximum has been increased from 50% to 75% (it is noted development studies for County pieces max out at 53%). . The limit on floors above 60' to be no more than 50% of the ground floor footage has been eliminated. The requirement to provide offset for visual relief on all floors above 42' has been retained. . Parking requirements for residential uses have been reduced within 1,000 feet of the Tri-Rail station to account for mass transit utilization. . A build to line for buildings facing Congress Avenue is encouraged. . Sliding setbacks are proposed and the increased setbacks with increased height apply to the portion of the building meeting that threshold rather than the entire building. . Provides for a lower maximum height (48') for small parcels less than 3 acres thereby encouraging aggregation. The revised ordinance was considered by the Planning and Zoning Board on October 16, 2006 at which time both written and verbal concerns and comments were made. The Board then discussed the ordinance and recommended continuance. The ordinance has been further modified to address the written comments received from Collene Walter representing the County interests and Charlie Siemons representing private development interests in the corridor. The revised ordinance is now ready for the Boards consideration. The amendments create a new zoning district called MROC (Mixed Residential Office and Commercial) district which encourages mixed-use, identifies permitted, conditional, accessory and supplementary uses allowed, establishes maximum thresholds for each type of use, establishes review and approval processes and provides specific development standards. The amendment includes modification of LOR Section 4.3.4(K) to add the MROC district to the Development Standards Matrix and LOR Section 4.6,9 (C)(8)(a) to allow the newly created district to utilize the shared parking option. The primary function of the district is to attract Class A office development while allowing residential development including workforce housing. General retail uses including direct support services and other retail uses would be limited to 20% of the overall building square footage. Multifamily development up to a maximum density of 40 units per acre, and 50 units per acre within 2,500 feet of the Tri-Rail station are proposed. These would be limited to a maximum of 100%, 85% or 75% of total building square footage depending on distance from the Tri-Rail station. A minimum of 20% of these residential units are to be workforce housing units, are to be moderately priced units, and are subject to LOR Section 4,7. Buildings are permitted to be a maximum height of 85'. All floors above 42' are to have facades offset and varied. Office and commercial floor heights are to be a minimum of 12' floor to floor on the ground floor 10' above and 9' floor to floor for residential units. 2 Planning and Zoning Board Memorandum Staff Report, November 6, 2006 Amendment to LDR Section 4.4.29, 4.3.4(K), and 4.6.9(C) (8) (a) This district is to be applied to property which has a mixed-use Future Land Use Map designation and is bounded by West Atlantic Avenue on the north, the C-15 canal to the south, 1-95 transportation corridor on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South and the Office Depot complexes, located just west of Congress Avenue. Concurrent with the adoption of the zoning district, a Mixed-Use Future Land Use Map category has be created and submitted as part of Comprehensive Plan 2006-1 to the Department of Community Affairs (DCA) for review. The Comprehensive Amendment 2006-1 is scheduled to return form DCA for consideration by City Commission in January, 2007. After the land use amendments are adopted rezoning of all properties to the new MROC zoning district will be considered by City Commission, lDR Section 2.4.5(M)(5) (Findinas): Pursuant to lDR Section 2.4.5(M)(5) (Findings), in addition to lDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the following objectives and policy were found. Future land Use Element Objective A-5 The City shall maintain its land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices. This mixed-use zoning district is being created. Future land Use Element Objective A-7 To encourage the provision of workforce housing in the City, the following policies shall be implemented. Future land Use Element Policv A-1.9 The City shall create an overlay district for the Congress Avenue Corridor and the land Development Regulations shall be modified to facilitate and encourage the development of Class A corporate offices within the district. While this is not an overlay district it accomplishes the same goals i.e. introducing mixed-use development potential to the corridor. This method along with the creation of a mixed-use land use map category is a much cleaner way to achieve this goal. Housina Element Objective B-2 Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies which will implement this objective include: 3 Planning and Zoning Board Memorandum Staff Report, November 6, 2006 Amendment to LOR Section 4.4.29, 4.3.4(K), and 4.6.9(C) (8) (a) The introduction of housing options to this corridor presents a great option to provide a variety of housing types with a primary emphasis on workforce and transit oriented housing. Courtesv Notices: Given the nature of this amendment a general notice to the following groups was given. · Neighborhood Council · PROD · Chamber of Commerce · Presidents Council In addition, individual notice was provided to all affected property owners within the corridor on several occasions with the latest being mailed October 26, 2006. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The City-initiated amendment to LOR Sections 4.4.29, 4.6.9(C)(8)(a), and 4.3.4(K) implements policies of the Comprehensive Plan and initiatives of the Florida Public Officials Design Institute report which encourages establishment of Class A office space and mixed-use development in the Congress Avenue Corridor area. The amendments will include the development of workforce and transit oriented housing development as part of a mixed-use development. Recommend approval of the City-initiated amendments to the Land Development Regulations Section 4.4.29 "Mixed Residential, Office, and Commercial District", Section 4.3.4(K) Development Standards Matrix, and Section 4.6.9(C) (8) (a) Shared Parking, 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 No. 33-06 4 ORDINANCE NO. 33-06 WHEREAS, pursuant to Flori Board, sitting as the Local Planni consistent with and furthers the goals Plan; and 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 SUBSECTIO 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX"; ENAC SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AN MMERCIAL (MROC) DISTRICT"; AND AMENDI BSECTION 4.6.9(C)(8)(a), "SHARED PARKING", TO A NEW MIXED-USE ZONING DISTRICT; AVING CLAUSE, A GENERAL REPEA AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Sectio reviewed the proposed text amendment at a pu voted 4 to 0 to recommend that the changes be ap l the Planning and Zoning . ed that the change is s of the Comprehensive WHEREAS, in the Planning a City of Delray Beach adopts the findings ity of Delray Beach finds the ordinance CI ORDAINED BY THE CITY COMMISSION OF THE , AS FOLLOWS: citations set forth above are incorporated herein. Sectio Land Developm Florida, be and the section 4.3.4(K), "Development Standards Matrix", of the lations of the Code of Ordinances of the City of Delray Beach, e is hereby amended to read as follows: .... z :0 w i ~ I:l z 9 ~ :i ~ c II> W a: ~ II> W a: ~ ~ :2 ] . ii ~ o e ~ ] >< ~ Ai. it: ~4 1-5 <('ll :Eel! o (l)E O~ ~~ <(it 0] Zo. <(It I-~ (I)" 1-11 z~ W~ :E ,- a..~ 0'; ..J.g ~~ W.!! Ob ~ ~ ~E.~~~~:;:~~~ iiI :I: '" .., '" .., '" '" .., ,., '" ,., ~ in z w c 05 w :5: ~ ~ N ~ ~ :h ~ ~ ~ .. 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That Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 4.4.29 MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT Pur ose and Intent: residential office and commercial uses in a master- throuQh a Master Development Plan. o The followin t es of uses are e. . banks savin s and loan establishments edical Offices. e.Q., physicians. dentists. chiropractors, podiatrists. optometrists, etc. · Professional Offices, e.Q., attorneys. enQineerinQ firms. architectural 4 ORD. NO. 33-06 . Governmental offices. e.O.. includino federal. state. county. and local offices. alono with their related fleet and communications operations (which will be considered accessory uses to oovernmental offices and services). civic centers. courthouses, fire stations. public health facility. law enforcement offices and facilities. post office. public utility facilities. communication towers and community fa.Q!i1.ities such as civic centers. cultural facilities, libraries. auditoriums:},~!I~ums, and public recreation facilities and services such as da!;1IIilre centers abuse child care centers. su . Business Su other buildin maintenance 2 Resea.rch and D.evelo ment: rch and Develo ment R&D uses involve either some deoree of prQ(j!~lllll~~C1,!iOn, testiN~I~~valuation, and development or the provision of testino and evaluation se:~i~\fsl~~i:l.J~e by offlfills:.. R&D uses may constitute 100% of the total build in s uare foota e il!iiillthin'fne'i111lIr8: ,.elo mi~I~~i Exam les of such uses or resultino products include: 'F and Develo ment: (3) neral Retail Uses: Retail uses not to exceed 20% of the total buildino square footaoe of the development, includino, but not limited to: · Restaurants, baked ooods. books. cheeses. beer. wine. liquor. confectioneries. cosmetics. meats. medicines and prescriptions. flowers 5 ORD. NO. 33-06 and plants. fruits and veQetables. food. Qifts. Qlassware, ice cream, leather Qoods, IUQQaQe, medical and surQical equipment. music and musical instruments. nautical supplies, office furniture equipment and supplies. pets and pet supplies. photoQraphic equipment and supplies. sewino supplies, sportino ooods, tOYs. wearinQ apparel and accessories. a liances bic cles business machines . ewe I . . Galleries butcher sho libraries newsstands QaraQes. dential units at a distance measured b airline route reater than o feet of a transit station ma com rise 75% of the total floor area of he development master plan at a maximum density of (40) units per acre and only when proposed as part of a mixed-use development containinQ office and/or commercial uses. 6 ORD. NO. 33-06 when a (a) Residential developments must include a minimum of 20% workforce units consistino of moderate income workforce units as defined by Article 4.7 Family/Workforce Housino (b) Workforce units shall be subiect to oeneral provisions of Article 4.7.6, 4.7.7,4.7.8,4.7.9. and 4.7.10. Notwithstandino the above, residentially developed sites within 1,000 linear feet JIl,f~asured by airline route) of the Tri-Rail station can contain 1 00o/o1111.~fkforce housino units. If a ortion of the arcel is within 1 000 HOld"::feet this re ulation shall a I to the entire parcel. c For mixed-use develo ments. :!,It<!ti share rovisions of LDR Section 4.6.9. C 8 shall beillll~wed. d All residential develo s shall be Standards of 4.4.13 Ii. he followin uses are allowed d conference facilities when associated with uses in the Master ices and re air of items incidental to the rinci al use. ment ( associated with 0 and communication facilities (D) Supplemental Uses: The followino uses are allowed within the Office and Research and Development use areas of the MDP provided that they are of such a scale, desion. and location to cater to the needs of employees of the office center or research and 7 ORD. NO. 33-06 development park. Space allocations for these uses shall be identified durinq the Master Development Plan approval. · Lunch counters, cafeterias. restaurants, snack bars, and vendino machine areas . Classroom and trainino facilities . Child Care facilities . Sundry shops . Exercise facilities (1 Health 5 open to the oeneral public 2 3 t for overnmental offices and as a conditional use and are sub'ect to the 2 tablished structures uses shall be allowed therein u and approval by. tn~/Chief BuildinQ Official for a certificate of occupancy. lication to (3) Any new development approval must be oranted by the Site Plan Review and Appearance Board with respect to Sections 2.4.5(F), (H), and (I) and be consistent with the approved Master Development Plan (MOP). A site plan modification shall follow procedures 8 ORD. NO. 33-06 outlined in Section 2.4.5(G). (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5) Applications for site plan approval pursuanirk,.to Section 4.4.13(1) must include. in addition to the standard application items of 2.4.3(~~!~lrlliisite and development plan (includina landscapina. elevations. and floor plans) that is ~~:ji!!!"cient detail to determine that the applicable performance standards are beina met. Fin~I,;!!:!,i!!!~~1 of the detailed site plan is bv the Site Plan Review and Appearance Board and is tOj1lil!i;bonsis~ailJt with adopted (MDP). ~~k~' (G) Development Standards: Plannin and Zonin Plan (MDP). of the tail uses shall not encom ass more than twent ercent 20% of the total buildino area square footaoe of the MROC development. @ Hotels. motels. and residential all suite lodoino shall not encompass more than 20% of the total buildinq area square footaoe of the MROC development. Notwithstandino the above. hotels. motels and residential 9 ORD. NO. 33-06 all suite lodaina can comprise 100% of the floor area of an individual buildina within a MDP containina multiple buildinas. llU Multi-familv uses as identified under LDR Section 4.4.29(8)(4). (2) Standards Uniaue to the MROC District: W.hlere standards unique to the MROC District conflict with standards contained elsewhere ililj~IIWI~ zonina. subdivision. and y'::t'~Hi:< landsca e codes the standards of this Subsection 2 shall a;JI;;i~Ji (b) ment Land area, equal to at least 25% of the total MROC district includina the perimeter landscaped boundary. shall be in open space. Landscape areas required to meet internal parkina lot desian requirements. water bodies and paved areas shall not be included in the meetina of this 25% open space requirement. (d) Perimeter Development: A landscape buffer shall be provided around each MROC development. Parkina. structures. perimeter roadways, and other pavina is 10 ORD. NO. 33-06 not permitted within this buffer except for bicycle paths. sidewalks. ioqqinq trails, and driveways or access streets which provide inqress and eqress for traffic and which are qenerally perpendicular to the buffer. The width of the buffer shall be the smaller distance of either the dimensions below or 10% of the averaqe depth of the property: however, in no case shall the landscape area be a width of less than ten (10) feet: 30 feet 40 feet 25 feet 25 feet free-standin non-residential 00 s uare feet. shall be architecturall Ian. and shall have direct access 2 ercial Floor Hei hts shall be a minimum of twelve feet (.1,2.:.1 f1oortll'~'fi'ron the I . r and ten (10') floor to floor on all floors above. Residentiallill~l~iK;lall havllllminimum nine feet 9' floor to floor on all floors. Hotel motel and residefjJllietJil'all suite JI~~!,~q s'Fr~I:I':i,~ave a minimum of eiqht feet six inches (8' 6") floor to floor on all fI_~': Auxiliary afll1lil,~~.rvicE!!~i~~S..rns, such as, qaraqes, restrooms, closets, laundry rooms, dresJlI,htrooms, storaci~llkooms.'<;imechanical. electrical. and plumbinq equipment rooms are exem fEJlliliom the floor tilll; ht re ulations. ill Conqress Avenue Frontaqe: To the qreatest extent possible buildinqs shall be placed at the minimum setback to a maximum heiqht of 42'. Thereafter. additional setbacks for the portion of the buildinq exceedinq 42' shall be a minimum of an additional 10'. 11 ORD. NO. 33-06 ill Front Yard: Shall be the minimum identified in LDR Section 4.4.29 (G) (2) (d) (Perimeter Development Buffers) to a maximum heioht of 42'. Thereafter. additional setbacks for the portion of the buildino exceedinq 42' shall be a minimum of an additional 10'. m ffi @ be a minimum of 25 feet. For the structures are not considered setbacks or lanes rovide visual relief. ulations as set for restaurants is established at twelve 12 in re uirements for residential units in multi-famil structures or 'rl be as follows: . Efficiency dwellino unit . One bedroom dwellino unit . Two or more bedroom dwellino unit 1.0 space/unit 1.25 spaces/unit 2.00 spaces/unit 12 ORD. NO. 33-06 . Two or more bedroom dwellinQ units within 1000' of a Tri-Rail station · Guest parkinQ shall be provided cumulativelv as follows: - for the first 20 units - for units 21-50 - for units 51 and above 1.5 spaces/unit 0.50 spaces/unit 0.30 spaces/unit 0.20 spaces/unit of floor area. area. uare feet of floor area. e as outlined in LDR Section 4.6.9.(C) formula under LDR (1) ocumentation which constitutes evidence of unified control of the entire area within an MROC development must be provided at the time of submission of the Master Development Plan. (2) A prOQram for full provision, maintenance, and operation of common areas, 13 ORD. NO. 33-06 improvements, facilities. and services for the common use of occupants of the MROC development, and which specifically provides that no such elements or features shall be provided or maintained at the public's expense, must be provided at the time of submission of the Master Development Plan. Section 4. That Development Regula' Florida, be and the d Parking", of the Land inances of the City of Delray Beach, read as follows: g or combination of buildings on a unified site tI commercial purposes, and is located with the C or PC zoning district, the minimum total number of required hall be determined by the following method: req parking spaces for each individual use by the appropriate listed In the table below for each of the designated time periods. Iting minimum required spaces in each of the five vertical columns . The minimum total parking requirement is the highest sum of the umns. 14 ORD. NO. 33-06 Shared Parking Calculations Table Use for multiple use projects which include residential in CBD, GC, MROC and PC zoning districts Se~. thereo juris as a Weekday Weekend Use Night Day Evening Residential Office Commercial/Retail Hotel Restaurant Entertainment/Recreational theatres, bowlin aile s, etc Other 6 P.M. to Midnight 90% 5% 70% 100% 100% 100% 100% 100% 100% ared parking calculations table, ial uses, a minimum of one (1) h esidential unit. These reserved or ot es, must be included in the "other" Yo utilization. Furthermore, subsequent to the ccupancy (CO), the reservation of additional ite plan modification and be subject to the requirements. ny section or provision of this ordinance or any portion ee, or word be declared by a court of competent ion shall not affect the validity of the remainder hereof the part declared to be invalid. dinances or parts of ordinances in conflict herewith be, and d. Section 7. passage on secon this ordinance shall become effective immediately upon its nd final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ 15 ORD. NO. 33-06 ATTEST MAYOR City Clerk First Reading Second Reading 11/08/06 16 ORD. NO. 33-06 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER M AGENDA ITEM # lQJ3 REGULAR MEETING OF NOVEMBER 21.2006 ORDINANCE NO. 64-06 (AMENDING LDR SECTION 4.3.4(H)(6)(~ TO: SUBJECT: DATE: NOVEMBER 17,2006 This ordinance is before Commission for second reading for a privately initiated amendment to amend Land Development Regulations (LDR) Section 4.3.4(H)(6)(a) to eliminate the requirement for a building setback of 64 feet along N.E. 4th Street/Lake Ida Road between Swinton Avenue and N.E. 6th Avenue. At the first reading on November 7, 2006, the Commission passed Ordinance No. 64-06. Recommend approval of Ordinance No. 64-06 on second and final reading. S:\City Oerk\AGENDA COVER MEMOS\OnIinance Agenda Memos\OnI64-06 Amend LOR Sec,4,3,4H,6,a Setbacks 2nd reading ll,2t.06,doc ~zt TO: DAVID T. HARDEN, CITY MANAGER THRU: P~a.:::lL G, Cp, DIRECTOR OF PLANNING AND ZONING FROM: MARK MCDONN , AICP, ASSISTANT PLANNING DIRECTOR 1H~7A SUBJECT: MEETING OF NOVEMBER 7,2006 PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.3.4{H){6){a) TO ELIMINATE THE REQUIREMENT FOR A BUILDING SETBACK OF 64 FEET ALONG NE 4TH STREET/LAKE IDA ROAD BETWEEN SWINTON AVENUE AND NE 6TH AVENUE. The amendment involves a privately initiated text amendment to LDR Section 4.3.4(H)(6)(a) to eliminate a Special Building Setback requirement of 64' for Lake Ida Road between Swinton Avenue and NE 6th Avenue. Currently, development along both the north and south sides of NE 4th Street/Lake Ida Road is required to maintain a minimum building setback of 64 feet from the centerline, beginning at NE 6th Avenue (NIB Federal Hwy) and extendin~ west to Military Trail. The privately initiated amendment would remove the section from NE 6t Avenue (NIB Federal Hwy) to Swinton Avenue from this requirement. At its meeting of October 16, 2006, the Planning and Zoning Board held a public hearing in conjunction with the text amendment. The Board voted 4-0 (Gary Eliopoulos and Joseph Pike recused themselves; Paul Zacks was absent) without conditions to recommend approval of the text amendment request to eliminate the special building setback requirement of 64' for Lake Ida Road between NE 6th Avenue (NIB Federal Hwy) and Swinton Avenue, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). By motion, move to approve on first reading the amendment to Land Development Regulations Section 4.3.4(H)(6)(a), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments . Proposed Ordinance . Planning & Zoning Staff Report of October 16, 2006 /2.t ORDINANCE NO. 64-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4(H)(6), "SPECIAL SETBACKS", SUBSECTION 4.3.4(H)(6)(A), "SPECIAL BUILDING SETBACKS", TO ELIMINATE THE 64' BUILDING SETBACK FROM SWINTON AVENUE EAST TO NE 6TH AVENUE FOR LAKE IDA ROAD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on October 16, 2006 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.317 4(4 )( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4(H)(6), "Special Setbacks", Subsection 4.3.4(H)(6)(a), "Special Building Setbacks", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. (a) Special Buildioe Setbacks: within the following special building setbacks, no structures shall be altered, erected, or reconstructed: Along Ocean Boulevard (State Road AlA), a twenty foot (20) setback shall be provided from the "Brockway Line," as shown in Plat Book 20, Page 4, Public Records of Palm Beach County, Florida. The "Brockway Line" shall be the "building line" for Lots 1 thru 7 inclusive, Block 1, Ocean Park, as shown in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida. Within the residential district along the west side of S.W. 8th Avenue between West Atlantic Avenue and S.W. 1st Street, a fifty foot (50') setback shall be provided from the east property line. Along the combination of N .E. 1th Street and Lake Ida Road, extending from Swinton Avenue N .E. 6th Avenue westward to Military Trail, a sixty four foot (64') setback shall be provided on both sides of the centerline. Along George Bush Boulevard, between Swinton A venue and AlA, a fifty foot (50') setback shall be provided on both sides of the centerline. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_. ATTEST MAYOR City Clerk First Reading Second Reading PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: OCTOBER 16, 2006 IV.C. AGENDA NO.: AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.3.4(H)(6)(a) TO ELIMINATE THE REQUIREMENT FOR A BUILDING SETBACK OF 64 FEET ALONG NE 4TH STREET/LAKE IDA ROAD BETWEEN SWINTON AVENUE AND NE 6TH AVENUE. The item before the Board is that of making a recommendation to the City Commission for a privately initiated text amendment to LOR Section 4.3.4(H)(6)(a) to eliminate a Special Building Setback requirement of 64' for Lake Ida Road between Swinton Avenue and NE 6th Avenue. Currently, development along both the north and south sides of NE 4th Street/Lake Ida Road is required to maintain a minimum building setback of 64 feet from the centerline, beginning at NE 6th Avenue (NIB Federal Hwy) and extending west to Military Trail. The proposed privately initiated amendment removes the section from NE 6th Avenue (NIB Federal Hwy) to Swinton Avenue from this requirement. Pursuant to Section 1.1,6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to 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, or an individual. The following summarizes the justification provided by the applicant: A sixty four foot (64') setback is not practical east of Swinton Avenue due to the fact that there are no intentions of expanding N.E. 4th Street east of Swinton Avenue. Even if expansion to 4 lanes is proposed andlor required for traffic concurrency, it can be accomplished under the current 80' ultimate right-of-way requirement. If expansion greater than 80 feet was to occur, there would be significant impacts on private properties and existing buildings. Purpose and intent of the reaulation This regulation was created with Ordinance No. 21-72 which pertained to setbacks along specific portions of several identified roadways in Delray Beach. Subsection (7)(bb) of this ordinance reads as follows: "The setback distance for the construction and erection of buildings and improvements from the center line of said Northwest 4h Street, as hereinabove located and established, beginning at Swinton A venue and running west to the City limits, is hereby fixed at a distance of sixty-five (65) feet north and south thereof, respectively." Planning and Zoning Board Staff Report, October 16, 2006 LDR Text Amendment - Special Building Setback along 4th Street/Lake Ida Road Given the above, it would appear that the current setback was mistakenly noted as 64 feet and extended this regulation east to NE 6th Avenue (NIB Federal Hwy.) Subsection (7)(g)(aa) of the ordinance further identified an eighty (80) foot ultimate right-of-way for N.E. Fourth Street, between Swinton Avenue and N.E. Sixth Avenue. The purpose of the regulation (64' setback) was to assure that if additional future widening of Lake Ida Road was necessary that new buildings would not be negatively impacted, However, it did not apply to portions of Lake Ida Road east of Swinton Avenue, and such a widening from Swinton Avenue eastward to NE 6th AvenuelFederal Highway would create significant nonconformities with the built conditions, eliminate development potential on some vacant parcels, and would require demolition of existing buildings. Existina Conditions East of Swinton Avenue N.E. 4th Street from Swinton Avenue east to N.E. 6th Avenue (NIB Federal Hwy) is identified as a County Collector in the City of Delray Beach Comprehensive Plan with an 80-foot wide right-of- way. The existing right-of-way measurements along N.E. 4th Street from Swinton Avenue east to N.E. 6th Avenue vary in width (50 to 65 feet). Most of the existing buildings are located outside of the proposed ultimate right-of-way of 80 feet. Some parking rows would be impacted, and small sections of a few buildings will be impacted if and when the ultimate 80' right-of-way is dedicated. If the current setback of 64 feet from the centerline (which translates to a 24-foot setback from the ultimate right-of-way line) were applied, a much more significant impact on existing structures would occur. Existina road section The current section of N.E. 4th Street from Swinton Avenue to N.E. 6th Avenue is comprised of two travel lanes with the center left turn lane. One exception is along the south side between N.E. 1st and N.E. 2nd Avenues, where a southbound right turn onto N.E. 2nd Avenue exists. The 3-lane section is located within 36 feet of pavement, while the section with the right turn lane measures approximately 48 feet. Expansion to a 4-lane section could occur within the ultimate 80' right-of-way. City of Delrav Beach Comprehensive Plan Table T-1 (Street Network Classification and Improvements) identifies Lake Ida Road from Swinton Avenue to N.E. 6th Avenue as a Collector, with an ultimate right-of-way of 80 feet, and a number of ultimate thru lanes of 2. Further, the Comprehensive Plan states that the City will request modification of the MPO 2015 Feasibility Plan to remove the widening of Lake Ida Road to four lanes from Swinton Avenue to Federal Highway, as this section of roadway has physical right-of-way constraints (80' ultimate right-of-way which is not currently dedicated and the properties are located in the TCEA which are exempt from concurrency). Notwithstanding the above, recent traffic volume projections (year 2010) show a need for future widening of this portion of Lake Ida Road to meet traffic concurrency. However, as the 80' ultimate right-of-way width would accommodate either a two or four lane section, removal of this setback requirement at this time is supportable. Current Palm Beach County Plans NE 4th Street/Lake Ida Road is a County Road. The current MPO 2030 Long Range Transportation Plan identifies the section of NE 4th Street from Swinton Avenue east to NE 2nd Avenue ultimately requiring a 4-lane section with a reduction of roadway width to 2 lanes from 2 Planning and Zoning Board Staff Report, October 16, 2006 LOR Text Amendment - Special Building Setback along 4th Street/Lake Ida Road NE 2nd Avenue east to NE 6th Avenue/Federal Highway. This ultimate 4-lane section can be accommodated in the current 80' ultimate right-of-way width, and as further expansion beyond 4 lanes is neither contemplated nor anticipated in the future, a 64' setback for future right-of-way expansion is not warranted. Therefore, the elimination of this setback requirement for this portion of Lake Ida Road can be supported. Comprehensive Plan Policies: 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 Comprehensive Plan were reviewed and the following are noted: Transportation Element Policy A-3.1 states that the City will request appropriate modifications to MPO plans to implement the needs and recommendations identified in this Element. Transportation Element Objective A-4 states that ultimate rights-of-way shall be provided per the schedule contained in table T-1. Setback requirements for new construction along streets shown in Table T-1 shall be measured from the ultimate property line, thus, providing protection of these rights-of-way from building encroachment. The proposed amendment is supported and is consistent with the noted objective and policy. The Community Redevelopment Agency, on September 28, 2006, voted to recommend approval of the proposed amendment. The Historic Preservation Board, on October 4, 2006, voted to recommend approval of the proposed amendment. The Pineapple Grove Main Street Committee, on October 4, 2006, voted to recommend approval of the proposed amendment. Downtown Development Authority will be considering this amendment at its meeting of October 16, 2006, and the vote will be shared at the Planning and Zoning Board meeting once it is known. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Progressive Residents of Delray (PROD) · Del Ida HOA (Sarah Greeley) · President's Council · Neighborhood Advisory Council · Seacrest HOA 3 Planning and Zoning Board Staff Report, October 16, 2006 LDR Text Amendment - Special Building Setback along 4th Street/Lake Ida Road Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The original regulation was made to require a 65-foot setback for new buildings from the centerline of NE 4th Street/Lake Ida Road, from Swinton Avenue west to the City Boundary. During the same period, a separate amendment in a series of regulations required an aD-foot wide ultimate right-of-way from Swinton Avenue east to Federal Highway. When the current ordinance was amended, a mistake was made with the merging of both of these provisions (building setback and ultimate right-of-way) and applied both to the full section of NE 4th Street/Lake Ida Road from Federal Highway west to Military Trail. Also important to note is that the setback (incorrectly transferred from the original regulation from 65 feet down to 64 feet) was to provide a uniform setback and assure that future development allowed for roadway expansion if necessary. An additional 24-foot setback would essentially deem many of the fronting lots east of Swinton Avenue unbuildable and/or make existing buildings nonconforming. Finally, the City intends to maintain a character of new urbanism along this section of NE 4th Street, and the minimum 24-foot building setback currently required would be counter to this desire. A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to amend LDR Section 4.3.4(H)(6)(a) by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). C. Move a recommendation of denial to the City Commission for the text amendment to amend LDR Section 4.3.4(H)(6)(a), 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 LDR Section 2.4.5(M)(5). Move a recommendation of approval to the City Commission for the text amendment to amend LDR Section 4.3.4(H)(6)(a) to eliminate the 64' building setback from Swinton Avenue east to NE 6th Avenue for Lake Ida Road, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: . Proposed LDR amendment 4 MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER t7I1 AGENDA ITEM # I 0 .r~ - REGULAR MEETING OF NOVEMBER 21. 2006 ORDINANCE NO. 62-06 (AMENDING SECTION 97.10) TO: FROM: DATE: NOVEMBER 17. 2006 This ordinance is before Commission for second reading to amend Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinances by repealing it in its entirety. At the first reading on November 7, 2006, the Commission passed Ordinance No. 62-06. Recommend approval of Ordinance No. 62-06 on second and final reading. S:\City Oerk\AGENDA COVER MEMOS\OnIinance Agenda Memos\Ord 62-06 Amend See 97,10 Citrus Canker Control Procedures 2nd reading tt.2t.06.doc ~ [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENI'I:. I 'I:UVW BEACH, FLORIDA 33444 I ELEPHONE 561".;',,;11')1). FACSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH ItI.8d All-America City , III I! ~;TE: 1993 2001 MEMORANDUM October 17, 2006 City Commission David T. Harden, City Manager FROM: Terrill Barton, Assistant City Attorney dVS SUBJECT: Ordinance 62-06 Attached please find an ordinance proposing to amend Section 97.10, "Citrus Canker Control Procedures" by repealing it in its entirety. Please place this item on the City Commission agenda for Tuesday, November 7, 2006. TCB: smk Attachment cc: Chevelle Nubin, City Clerk /2.~ , ORDINANCE NO. 62-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 97.10, CITRUS CANKER CONTROL PROCEDURES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach recognizes that the State of Florida ceased the Canker Eradication Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. entirety. Section 97.10 of the Ordinances of the City of Delray Beach is hereby repealed in its Seetios 97.10 CITRUS C}'~KER CONTROL PROCEDURES. (.^~) Defiflitiofls. "Vef!etRtioB l\fRisteBRsee ComeRs\'''. .Any iadiYidual or efltity who engages in the business of or performs the installation, removal or upkeep of vegetation, inch:1ding, but not limited to, trees, grass, sh."11bs, and flowers, on any residential or commercial property. This term shall include all employees, agents, contractors or subcontractors of the vegetation maintenance company. "Publie Utilit" ComeRs,,". ,^~ny individlial or efltity '.vho engages in the blisifless of providing publie utilities of any kind whatsoever, and who eats or trims vegetation on any residential or commercial property ill furtherance of or incidental to the operation of business. This term shall include all employees, agents, contractors or subcontractors of the public atility oompany. "Ref!uIRted ~'\Ftieles". ,^Jllawn and garden tools, eutting or trimming equipment, nursery equipment, plant clippings, and la';,;n and yard debris. (B) Decontaminatiofl of Regulated Articles. (1) Time f-or Decontamination. (a) Vegetation Maintenance Companies. 1..11 '{egetatioN maintenanee companies shall deeontaminate all regulated articles and vehicle tires on a non host em'ironment (drive'.vay or asphalt) upon departure from any property 'Nhich it services where citrus trees are present upon the property. All vegetation maintenanee company personnel shall decontaminate themselves OR a non host eR'/ironment (drive'",ay or asphalt) l:lpon departure from any property '",hich it serviees '.'{here citrus trees are present on the property. (b) Publie Utility Companies. All publie utility companies shall decontaminate all regulated articles and vehicle tires on a non host environment (drive':!ay or asphalt) l:lpON departure from any property upon which the public utility company engaged in the cutting or trimming of '!egetatioR where citrus trees are present on the property. 1..11 public utility company personnel shall decontaminate themsel'les on a non host environment (driveway or asphalt) upon departure from any property l:lpon which the p1:1blie utility company engaged in the cutting or trimming of vegetation where eitrus trees are present on the property. (2) Methods of Decontamination. ,^..ll '{egetatioR maintenance companies and publie l:ltilities companies shall decontaminate all regl:1lated articles, '{ehicle tires and personnel using one of the following methods: (a) ,^..ll sl:lrfaces must be sprayed to the point of runoff with a dihlte soll:ltion of chlorine bleach, made by adding one (1) ONce of chlorine bleach to one (1) gallon of water. This solation shall be made fresh every three days. (b) ,^..ll '/egetatioN maiBtemffice company personnel and p1:1blie utility company personnel shall deeontaminate themselves by washiNg or treating all exposed areas of the body and their shoes "1,'ith an antibacterial soap, wash, spray, or other appro~/ed solution. In the e'!ent of direct contact with citrus trees, vegetation maintenance personnel and public utility company personnel shall deeoBtaminate themselves by washing or treating exposed articles of clothing with an antibacterial soap, v/ash, spray, or other appro' led solution. (C) Decals.,'\ll vegetation maintenanee eompanies and public utility companies shall obtain a decal or decals from the City to signify that the company and its personnel have been made aware of these regulations. E'/ery ',ehicle utilized by a yegetation maintenance company or a public utility company in aceordance with sl:lbsections (B)(l)(a) or (B)(1)(b) of this section shall display the decal provided for by this subsection on the windshield of vehicles regl:llated under this section. The failure of a vegetatiofl maintenance company or public l:ltilities company to obtain, recei'/e or display a decal shall not excuse any yiolation of this section. 2 ORD. NO. 62-06 .. CD) Penalties for Violation of These Pro';isions. Violations of this section shall be punished pursuant to Section 97.99. CE) Enforcement of These Provisions. The proyisions of this section shall be enforced and carried out by the City's police officers, code enforcement officers, or both. The City adopts all enforcement methods provided by la-v; or equity which iaelude, bMt ai"e not limited to, the issuance of citatioa, summons, Notice to }..ppea-r in County Court, or arrest f-or 'riolation of mooicipal ordinances, as pro'lided for in Chapter 901, Florida Statutes. Section 2. It is the intention of the City of Commission of the City of Delray Beach that the provisions of this Ordinance shall become and be made a part of the Ordinances of the City of Delray Beach, Florida, and that the Sections of this ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 3. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances, resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. adoption. That this ordinance shall become effective immediately upon its passage and 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. 62-06 MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CI1YMANAGER~ AGENDA ITEM # lQJ)- REGULAR MEETING OF NOVEMBER 21. 2006 ORDINANCE NO. 63-06 (AMENDING CHAPTER 110) TO: FROM: DATE: NOVEMBER 17,2006 1bis ordinance is before Commission for second reading to amend Chapter 110, "Occupational Licenses Generally". by re-naming "Occupational Licenses" to "Local Business Tax Receipts", in accordance with recent state law changes. At the first reading on November 7, 2006, the Commission passed Ordinance No. 63-06. Recommend approval of Ordinance No. 63-06 on second and final reading. S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 63-06 Amend Chpt 110 Occupational Licenses Generally 2nd reading 1I,2t.06,doc " ' ~- [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~()() NW 1st AVENlL > UL!.RAY BEACH, FLORIDA 33444 TELEPHONE: 'i6 U:U 7i I')() . FACSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH F LOR I 0 1\ D.faI:II All-America City , III I! DATE: TO: 1993 2001 MEMORANDUM October 24,2006 FROM: City Commission David T. Harden, City Manager Terrill Barton, Assistant City Attorney ~ SUBJECT: Ordinance 63-06 The attached draft ordinance updates Chapter 110, "Occupational Licenses Generally" by re-naming "Occupational Licenses" to "Local Business Tax Receipts", in accordance with recent state law changes. Please place this ordinance on the City Commission November 7, 2006 agenda for first reading. Thank you. TCB:smk Attachment cc: Chevelle Nubin, City Clerk /2. B ORDINANCE NO. 63-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", IN ORDER TO UPDATE THE ORDINANCE TO RE-NAME "OCCUPATIONAL LICENSES", "LOCAL BUSINESS TAX RECEIPTS", IN ACCORDANCE WITH RECENT STATE LAW CHANGES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its code. on occupational licenses in order to make it consistent with state law changes regarding same; and WHEREAS, the Governor of the State of Florida approved House Bill No. 1269 on June 9, 2006, which provides that the "Local Occupational License Tax Act", shall be changed to ''the Local Business Tax Act", in order to reduce instances of consumer fraud; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect its citizens against consumer fraud. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. follows: That Chapter 110, "Occupational Licenses Generally", shall be amended to read as CHAPTER 100. OCCUPATImV\L LICENSES LOCAL BUSINESS TAXES GENERALLY Sec. 110.01. DEFINITIONS. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Business, profession and occupation. Do not include the customary religious, charitable or educational activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions, which institutions are more particularly defined and limited as follows: (1) Charitable institutions. Only those nonprofit corporations operating physical facilities in this City at which are provided charitable services, a reasonable percentage of which are without cost to those unable to pay. (2) Educational institutions. State tax-supported or parochial church and nonprofit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, the Department of Education, or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and are eligible for exemption. (3) Religious institutions. Churches and ecclesiastical or denominational organizations or established physical places for worship in this City at which nonprofit religious services and activities are regularly conducted and carried on; also means church cemeteries. Classification. The method by which a business or group of businesses is identified by size, type, or both. Enterprise zone. An area authorized to be an enterprise zone pursuant to F.S. Sections 290.0055 and 290.0065. OccU]'Jstiensl licensc Local Business Tax. Means the fees charged and the method by which this City grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction. It does not mean any fees or licenses paid to any board, Commission or officer for permits, registration, examination or inspection unless otherwise provided by law. These are deemed to be regulatory and in addition to, but not in lieu of any occupational license imposed under the provisions of this Chapter. Person. Any individual, firm, partnership, joint venture, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary. Taxpayer. Any person liable for taxes imposed under the provisions of this Chapter; any agent required to file and pay any taxes imposed hereunder; and the heirs, successors, assignees and transferees of any such person or agent. Sec. 110.02. LICENSE LOCAL BUSINESS TAX RECEIPT REQUIRED. No person shall engage in or manage any permanent business location or branch office for any business, profession or occupation set forth in this Chapter, within the limits of this City, unless a City license local business tax receipt shall have been procured from the Building Official of the City. One lieense receipt shall be issued to each person upon receipt of the amount hereinafter provided in this Chapter, and this license receipt shall be signed in the name of the City by the Building Official. 2 ORD NO. 63-06 Sec. 110.03. APPLICATION DATE; DATE LICENSE LOCAL BUSINESS TAX DUE AND PAYABLE. Application for any license Local Business Tax Receipt shall be made on or subsequent to August I of each year, and all licenses local business taxes shall be deemed to be delinquent if not paid on or before September 30 of each year. In the event that September 30 falls on a weekend or a holiday, the tax shall be due and payable on or before the first working day following September 30. Sec. 110.04. DURATION; EXPIRATION DATE. No license local business tax receipt shall be valid for more than one year and alllieenses receipts shall expire on September 30 of each year, except as otherwise provided in this Chapter. Sec. 110.0S. PARTIAL YEAR LICENSES RECEIPTS. No license local business tax receipt shall be issued for any fractional portion of the year, except that in the event that any person shall engage in or manage any business, profession or occupation mentioned in this Chapter on or after April I, then the person shall be required to pay only one-half of the amount for any occapationallicense local business tax as is specified in this Chapter. Sec. 110.06. PERSONS NOT REQUIRED TO PAY FULL FEE. Persons holding a valid and currently effective lieense local business tax receipt as a contractor issued by another Florida municipality or county, and who do not maintain a permanent business location or branch office in the City of Delray Beach, shall be issued a City lieense receipt for their particular occupation upon their registering with the City Building and Inspection Division. No fee shall be required to obtain a license receipt in such cases. All other businesses will require a ten-dollar registration fee along with a copy of a valid and currently effective oeeapationallieense receipt by another Florida municipality or county. Sec. 110.07 TRANSFER OF LICENSE RECEIPT. (A) Any business license receipt may be transferred to a new owner, when there is a bona fide sale of the business, upon payment of a transfer fee of ten (10) percent of the annual fee, not to exceed a maximum fee of twenty-five dollars ($25.00). (B) As permitted by F.S. Section 205.043, all business lieenses receipts may be transferred for the business for which they were taken out when there is a bona fide sale or transfer of the property used and employed in the business as stock in trade, but the transferred license receipt shall not be held good for any longer time or period than from which it was originally issued. The original license receipt shall be surrendered to and filed with the building official at the time application for transfer is made, and the transferred lieense receipt shall be of the same force 3 ORD NO. 63-06 and effect as the original license receipt. Both parties involved shall be in agreement with the transfer of the lioense receipt and shall sign a transfer application. At the time any license receipt is transferred, the person applying for the transfer shall pay a fee often (10) percent of the annual fee, not to exceed a maximum fee of twenty-five dollars ($25.00). Sec. 110.08. WHEN STATE LICENSE RECEIPT IS REQUIRED. (A) Any person applying for afl: ocoupationallicense receipt to practice any profession regulated by the State Department of [Business and] Professional Regulation or any Board or Commission thereof, must exhibit an active State certificate, registration or license, or proof of copy ofthe same, before a city oocupationallicense receipt may be issued. (1) The State Department of [Business and] Professional Regulation shall, by August 1 of each year, supply to the Building Department a current list of professions it regulates and information regarding those persons for whom local occupational licenses receipts should not be renewed due to the suspension, revocation or inactivation of such person's State license receipt, certificate or registration. The Building Department shall not renew such license receipt unless such person can exhibit an active State certificate, registration or license receipt. (2) This Section shall not apply to F.S. Sections 489.113, 489.117, 489.119, 489.131,489.511,489.513,489.521 or 489.537. (B) The Building Department shall not issue an occapationallicense receipt to operate a pharmacy unless the applicant shall first exhibit a current permit issued by the State Board of Pharmacy. However, a city oocupational lioense receipt shall not be required in order to practice the profession of pharmacy. (C) The requirements of F.S. Sections 481.201 through and including 481.233 (1988) and implementing Rules of the Florida Administrative Code, as may be amended from time to time, regulating the practice of architecture and interior design, are herby incorporated as fully as if set forth in length herein. The City shall not issue a building permit(s) ifit is apparent from the face of the application for the building permit(s) that the provisions of F.S. Chapter 481, Part I, or the implementing Rules of the Florida Administrative Code, as may be amended from time to time, have not been met; provided, however, that a building permit( s) shall not be withheld if an exception or exemption, as set forth in F.S. Section 481.229 applies. Sec. 110.09. UNCLASSIFIED PROFESSIONS AND OCCUPATIONS. Every business, occupation, profession or exhibition, substantial, fixed or temporary, engaged in by any person, whether in a building, tent or upon the street, vacant lot or anywhere in the open air within the City and here not specifically designated shall pay a license tax local 4 ORD NO. 63-06 " business tax of one hundred twenty-five dollars ($125.00), unless otherwise specified by resolution or ordinance ofthe City Commission. Sec. 11 0.1 O. DELINQUENT PAYMENT; ADDITIONAL PENAL TIES. (A) Unless the license receipt shall have been procured from the City on or before September 30, it shall be considered delinquent and subject to a delinquency penalty of ten (10) percent for the month of October, plus an additional five (5) percent penalty for each month of delinquency thereafter until paid, provided that the total delinquency penalty shall not exceed twenty- five (25) percent of the occupational license local business tax fee for the delinquent establishment. (B) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license business tax receipt, if required hereunder, shall be subject to a penalty of twenty-five (25) percent of the license receipt determined to be due, in addition to any other penalty provided by law or ordinance. (C) Any person who engages in any business, occupation or profession covered by this Chapter, who does not pay the required oee1:lpationallicense local business tax within one hundred fifty (150) days after the initial notice of tax due, and who does not obtain the required oeeupationa.l license receipt is subject to civil actions and penalties, including court costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to two hundred fifty dollars ($250.00). Sec. 110.11. FAILURE TO OBTAIN LICENSE RECEIPT; AUTHORITY TO ARREST. It shall be the duty of the City to enforce the payment of any license local business taxes not paid within forty- five (45) days from the day same becomes due by securing a warrant for the arrest of the person, firm or corporation illegally engaging in that trade, business, profession or occupation. Sec. 110.12. LICENSE LOCAL BUSINESS TAX REDUCTION WITHIN ENTERPRISE ZONE. (A) There is hereby established an exemption of fifty (50) percent of any occupatioBa-l lieense local business tax levied for the privilege of engaging in or managing any business, profession or occupation in the City, when such privilege is exercised at a permanent business location or branch office located in an enterprise zone of the City. (B) Such exemption applies to each classification for which an occ1:lpationaJ license receipt is required. Classifications shall be the same in an enterprise zone as elsewhere in the City. Each occupational license receipt issued with the exemption authorized in this Section shall be in the same general form as the other municipal occupational lieenses receipts and shall expire at the 5 ORD NO. 63-06 same time as those other licenses receipts expire. Any license receipt issued with the exemption authorized in this Section is nontransferable. The exemption authorized in this Section does not apply to any penalty authorized in Section 110.99. (C) The City shall issue to each person who may be entitled to the exemption a license receipt pursuant to the provisions contained in this Section. Before a lieense receipt with such exemption is issued to an applicant, the City must, in each case, be provided proof that the applicant is entitled to such exemption. Such proof shall be made by means of a statement filed under oath with the City, which statement indicates that the permanent business location or branch office of the applicant is located in an enterprise zone. (D) Any license receipt obtained with the exemption authorized in this Section by the commISSIon of fraud upon the City shall be deemed null and void. Any person who has fraudulently obtained such exemption and thereafter engages, under color of the 1ieense receipt, in any business, profession or occupation requiring the license receipt shall be subject to prosecution for engaging in a business, profession or occupation without having the required license receipt. Sec. 110.113. MARKING OF COMMERCIAL VEHICLES REQUIRED. It shall be unlawful to operate, park, stand or use upon any public street any commercial vehicle, unless the vehicle is designated by lettering of four (4) inches minimum size on either side indicating the name of the firm or the name of the corporation or p~rson operating the same for commercial use. Sec. 110.114. EXEMPTIONS. (A) The following categories shall be exempt from the license local business tax requirements set forth in this Chapter: (1) Disabled Persons, Aged Persons, Widows with Minors. (a) All disabled persons physically incapable of manual labor, widows with minor dependents, and persons sixty-five (65) years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of one thousand dollars ($1,000.00), shall be allowed to engage in any business or occupation without being required to pay for a license. The exemption provided by this Section shall be allowed only upon the certificate of a reputable physician that the applicant claiming the exemption is disabled, the nature and extent of the disability being specified therein, and in case the exemption is claimed by a widow with minor dependents, or a person 65 years of age or older, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this 6 ORD NO. 63-06 Section shall, upon application and furnishing of the necessary proof as aforesaid, be issued a license receipt which shall have plainly stamped or written across the face thereof the fact that it is issued under this Section, and the reason for the exemption shall be written thereon. (b) In no event shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by State law for the issuance of a lieense receipt to sell intoxicating liquors or malt and vinous beverages. (2) Disabled Veterans of any War or Their Unremarried Spouses. Any bona fide, permanent, resident elector of the City who served as an officer or enlisted person during any of the periods specified in F.S. Section 1.01(15) in the Armed Forces of the United States, National Guard or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof, who has actually been, or may hereafter be, reassigned by the Air Force, Army, Navy, Coast guard or Marines to active duty during any war, declared or undeclared, armed conflict crisis or the like, who was honorably discharged from the service of the United States, and who at the time of his or her application for a license receipt shall be disabled from performing manual labor shall, upon sufficient identification, proof of being a permanent resident elector in the City, and production of an honorable discharge from the service of the United States: (a) Be granted a license receipt to engage in any business or occupation in the City which may be carried on mainly through the personal efforts of the licensee receipt holder as a means of livelihood and for which the City license f-ee local business tax does not exceed the sum of fifty dollars ($50.00) for each without payment of any lieoose local business tax otherwise provided for by law; or be entitled to an exemption to the extent of fifty dollars ($50.00) on any license receipt to engage in any business or occupation in the City which may be carried on mainly through the personal efforts of the lieensee receipt holder as a means of livelihood when the City license local business tax for such business occupation shall be more than fifty dollars ($50.00). The exemption heretofore referred to shall extend to and include the right of the licensee receipt holder to operate an automobile-for-hire of not exceeding five-passenger capacity, including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the lieensee receipt holder and is being operated by him or her as a means of livelihood and that the proper license local business tax for the 7 ORD NO. 63-06 operation of such motor vehicle for private use has been applied for and attached to said motor vehicle and the proper fees therefore paid by the licensee receipt holder. (b) When any such person shall apply for a license receipt to conduct any business or occupation for which either the City license fee local business tax exceeds the sum of fifty dollars ($50.00), the remainder of such license fee local business tax in excess of fifty dollars ($50.00) shall be paid by him in cash. (c) The City shall issue to such persons as may be entitled hereunder a license receipt pursuant to the foregoing provision and subject to the conditions thereof. Such license receipt when issued shall be marked across the face thereof "Veterans Exempt License Receipt Not Transferable." Before issuing the same, proof shall be duly made in each case that the applicant is entitled under the conditions of this law to receive the exemption herein provided for. The proof may be made by establishing to the satisfaction of the City by means of a certificate of honorable discharge or certified copy thereof that the applicant is a veteran within the purview of this Section and by exhibiting: (1) A certificate of government-rated disability to an extent of ten (10) percent or more; (2) The affidavit or testimony of a reputable physician who personally knows the applicant and who makes oath that the applicant is disabled from performing manual labor as a means of livelihood; (3) The certificate of the County service officer, duly executed under the hand and seal of the chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a license receipt within the meaning and intent of this Section; (4) A pension certificate issued to him or her by the United States by reason of disability; or (5) Such other reasonable proof as may be required by the City to establish the fact that such applicant is so disabled. 8 ORD NO. 63-06 (d) All licenses receipts issued under this Section shall be in the same general form as other municipal licenses receipts and shall expire at the same time as such other licenses receipts expire. ( e) All licenses receipts obtained under the provisions of this Section by the commission of fraud shall be deemed null and void. Any person who has fraudulently obtained any such license receipt, or who has fraudulently received any transfer of a license receipt issued to another, and has thereafter engaged in any business or occupation requiring a license receipt shall be subject to prosecution as for engaging in a business or occupation without having the required license receipt. Such license receipt shall not be issued for any veteran who resides in any other City, unless such veteran applying therefore shall produce a certificate of the tax collector of his or her home City to the effect that no exemption from license receipt has been granted to such veteran in his or her home City under the authority ofthis division. (f) In no event shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by State law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages. (g) The unremarried spouse of the deceased disabled veteran of any war in which the United States Armed Forces participated will be entitled to the same exemptions as the disabled veteran. (3) Motor Vehicles. Vehicles used by any person licensed receipt holder under this Chapter for the sale and delivery of tangible personal property, at either wholesale or retail, from his place of business on which a license local business tax is paid shall not be construed to be separate places of business, and no license local business tax shall be levied on such vehicles or the operators thereof, as salespersons or otherwise. (4) Exemption for Farming and Similar Activities. (a) No oceupationallicense local business tax receipt shall be required of any natural person for the privilege of engaging in the selling of farm, agricultural, grove, horticultural, floricultural, tropical piscicultural or tropical fish farm products, or products manufactured therefore, except intoxicating liquors, wine or beer, when such products were grown or produced by that natural person in the City. 9 ORD NO. 63-06 (b) A wholesale farmers' produce market shall have the right to pay a tax of not more than two hundred dollars ($200.00) for a license receipt that will entitle the market's stall tenants to engage in the selling of agricultural and horticultural products therein, in lieu of such tenants being required to obtain individual licenses receipts to so engage. (c) The farmer or grower shall present to the Chief Building Official or his designee sufficient proof, by affidavit, that the produce he offers for sale was produced on this own farm or grove, or from the waters (the buyer of produce in ground or fruit on trees, or the buyer or lessee of trees bearing fruit in the course of maturing shall not be construed as a farmer or grower); whereupon the Chief Building Official or his designee shall register that farmer or grower in a book kept for that purpose, showing the number of the Registration, the name, age, place of residence and location of the farm or grove of that farmer or grower, and issue to him a permit signed by the Chief Building Official or his designee showing the registration. The permit must be displayed by the farmer or grower in a conspicuous place on the vehicle from which he offers produce for sale. (5) Religious Tenets. Nothing in this Chapter shall be construed to require a license receipt for practicing the religious tenets of any church. (6) Charitable Organizations, Occasional Sales, Fund Raising and the Like. No occupational license local business tax receipt shall be required of any charitable, religious, fraternal, youth, civic, service or other such organization when the organization makes occasional sales or engages in fund-raising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic and service activities of the organization. (7) Mobile Home Setup Operations. No license local business tax receipt shall be required for any mobile home dealer, duly licensed mobile home manufacturer, or an employee of such dealer or manufacturer, who performs setup operations as operations are defined in F.S. Section 320.822. However, such dealer or manufacturer shall be required to obtain a license receipt for his permanent business location or branch office, which license receipt shall not require for its issuance any conditions other than those required by F.S. Chapter 320. (B) Applications to the Building Official for any gratis license covered under division (A) of this Section shall be made in the form of a sworn affidavit executed by the 10 ORD NO. 63-06 applicant setting forth those facts necessary to establish the applicant's right to a gratis license. See.nO.IS. LICENSE LOCAL BUSINESS TAX SCHEDULE. The following enumerated individual license local business taxes shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: Classification All Fees $142.00 except as noted Abstracting Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. Academy of Music Adult Entertainment Advertising Agencies, firms, assocIatIOns, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax.. Advertising Agencies engaged in the business of bill posting shall pay a license tax, per year. Advertising Office, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane Ambulance Separate from undertaking, each Amusement Parlors or Concert Halls Apartment, Rooming Houses Per room, excluding kitchen and bathrooms Aquarium Armored Car Service Each vehicle Art Gallery (1) Art Studio, workshop, classes (2) Artist, commercial (3) Artist material or supplies (See Merchants) (4) Artists' outdoor sale: Each sale, first day 23.00 80.33 5.78 80.33 34.44 11 ORD NO. 63-06 Classification Each day thereafter Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, whether or not in connection with another business charging fees, shall pay a license tax. Athletic Club, Gymnasium (Zoning) Auctioneers Auctions Auction, Real Estate Per day Automatic Amusement Machines, Games or Devices, Distributor Annual Fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this Chapter. Each machine or apparatus Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine Distributor Automatic Weighing Machines Distributor Each machine Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles (1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. (2) Each additional display lot. (3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1) Automatic car wash, not in connection with other business (2) Automobile association (See Insurance) 12 All Fees $142.00 except as noted 11.55 57.33 34.44 136.00 11.55 ORD NO. 63-06 Classification (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage, in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit Each additional unit (8) U-Drive rentals (9) Upholstering, tops, seat covers and the like (10) Automobile used parts, dealers in, used for purposes other than junk (11) Wrecker service, towing (12) Auto detailing Automobile Service Station Washing and polishing, greasing, lubricating and like servICmg of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance under Merchants. Automobile Service Station Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the Merchants license on other merchandise in addition to the foregoing. Baby Sitter Service Baggage or Freight Transfer Company Bakery Wholesale and retail, each store Ballrooms for Profit Banks (National and State chartered), Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548) Bankruptcy, Closing Out, Trustee Sale (See Fire sale) Barber Shops Beach Equipment (Subject to bids to the Commission) Beauty Shops Bible, Holy-Solicitors Bicycle Shop, both retail and repair Billiard, Pool or Bagatelle Tables 13 All Fees $142.00 except as noted 45.89 11.55 68.88 ORD NO. 63-06 Classification All Fees $142.00 except as noted For profit, each table Birds Dealers Blueprinting Service Maps, plats and the like Boat Agencies, New/Used Each lot, not to include repairs Boats for Hire Fishing, cruising or sightseeing (each boat) Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Boat Repair Boiler, Machine Shops or Foundries Bondsman, Bail Bonds Book, Magazine Solicitors Per week Per person Interstate commerce Bookkeeper/Accountant, not C.P.A. Boot and Shoe Repair Shop Bottling Works Brokers Stockers, bonds, mortgages, customs and ,others Building Inspector Building and Loan Associations (See Banks) Burglar Alarm Company Bus Station, intrastate business only Business College, Trade Schools Business Office Butcher Shop Cabinet Shop Carpet and Rug Cleaning Each location Caterers Fixed base or mobile, each truck Ceramic Studio 57.33 57.33 23.00 No fee 57.33 14 ORD NO. 63-06 Classification All Fees $142.00 except as noted Chemical Companies Christmas Tree Sales Season only, each lot Citrus Fruits and Vegetable Retail (See Merchants) Claim and Collecting Agencies Cleaning, Pressing, Dyeing (See Laundries) Clothing Secondhand dealers Cold Drink Stand (See Merchants) Cold Storage All types Commission Merchants Handling shipments (other than specifically provided for herein) on a Commission basis Computer Service Concrete Products (See Manufacturer) Concrete Ready-Mix Plant Contractors (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel (4) Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheetmetal and tinsmith Septic tank Tile Well drilling Floor sanding and finishing Lathers 15 ORD NO. 63-06 Classification Plumbers (5) Any person who shall accept orders to be engaged in the business of accepting orders or constructs on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning ofthis Chapter. Convalescent Home (not sanitarium) Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations Costume, Clothing Rental Credit Bureaus Dairies (milk distributors, jobbers or creameries delivering milk) Each truck Dance Halls Dancing Schools Data Processing (See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchase and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. Delicatessen Dental Supplies Dental Technician Laboratory Department Stores (See Merchants) Detective Agency Each location ( state certificate) 16 All Fees $142.00 except as noted 80.33 ORD NO. 63-06 Classification All Fees $142.00 except as noted Distributor Dog and Pet Grooming Sale of supplies (See Merchants) Dressmaking, Hemstitching (no stock carried) Drugs, Retail Dealer (See Merchants) Dry Cleaning (See Laundries) Electric Light and Power Companies Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers or Lithographers Export or Import Companies Express Companies (Intrastate only) Exterminators (State certificate) Fertilizer Manufacturers-Mixing Plant Fire Extinguisher Sales, Service Fire and Wreck Sales When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each sale. Fish or Poultry Market Fish Peddler (See Peddlers of merchandise) Fishing Tackle (See Merchants) Fishing Tackle or Gun Repair Florists or Dealers in Flowers, each Food Lockers-Cold Storage Fruit, Vegetable Stand Fumigating (See Exterminators) Furniture and House Furnishing (See Merchants) Gas Companies (1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only Gasoline and Oil Distributors Wholesale, storage Facilities in the City Golf Courses, Each 17 ORD NO. 63-06 Classification Golf Driving Range, Each Golf Miniature, Each Guaranty or Surety Title Companies Guard, Patrol Service (See Detective Agency) Guns, Sales or Repair Need Federal fireanns dealers license Harness and Saddlery (See Merchants) Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms Hypnotists Must meet requirements set forth in F.S. Chapter 456 Ice Cream Manufacturers Ice Cream Parlors Ice Cream Wagon or Truck, each IceManufacmrmgorSwrage Import, Export (See Export) Insecticide Manufacturers or dealers Installers, Carpets Insurance Adjusters Insurance Agency For each company represented Insurance Baggage, each company represented Insurance Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewelry Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). Jewelry Repair 18 All Fees $142.00 except as noted 5.78 114.66 ORD NO. 63-06 Classification All Fees $142.00 except as noted Jewelry Store (See Merchants) Junk Shops or Dealers License required whether or not sale or purchase or both, or solicitations are made Kennels, Animal (Approved location) Key Shop, Locksmith and Associated Services (See Merchants) Knife, Scissors and Tool Sharpener Landscape Company Laundry or Dry Cleaning Plant Agent for out oftown laundries Local agency, permanent office Self-service Lawn Maintenance Lawn Spraying State Board of Health certificate Linen or Diaper Service Loan, Finance, Mortgage Company Lumber Dealers Lunch Stands, (Not over twenty- five (25) chairs) Machine Shops (Not automobile) Mail Order Business Maintenance (Floor, home, office, building) Manicurist, each Manufacturer Marble and Granite Works Massage Salon Masseur, Masseuse, each Meats (See Butcher shop) Merchandise, Secondhand (See Secondhand dealers) Merchants, Druggists and Storekeepers Messenger Service (exclusive of telegrams) Mimeograph and Letter Shop Monuments and Tombstones Motion Picture Theaters Giving performances of moving pictures or other forms of entertainment Movers (See Storage) Moving Company 19 68.88 68.88 ORD NO. 63-06 Classification Musical Devices Operator of mechanically operated (whether operated in connection with or separate from any other business) License or tag must be displayed on each machine Musical Devices (Distributor) Music teachers Nails, Acrylic Shops (State certificate) Newspaper Publisher News Companies (Owners or managers of) Newsstands Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold Night Clubs Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests. Novelty Works (See Manufacturer) Nursery Shrubs, trees, plants or landscaping Nursing Home (See Convalescent home) Office Machine Repairs (See Repair shop) Oil (See Gasoline) Paint Manufacturer (See Manufacturer) Parcel Delivery Each vehicle Pawnbrokers Peddlers of Merchandise (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person (2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out- of-town business houses or enterprises not maintaining place of business All Fees $142.00 except as noted 68.88 23.00 23.00 20 ORD NO. 63-06 Classification All Fees $142.00 except as noted in city, providing however that this provision does not apply to wholesalers dealing exclusively with retailers (5) Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Shop or Grooming (See Dog and pet grooming) Photo Processing, Film Developing Photographers Piano tuners Picture Agents Plating with Metals Portable Toilets Postcard Stands (Only) Potato Chips (See Manufacturer) Print Shop or Publishing Private Postal Mailbox Private Schools (See Schools) Professional (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to take out a professional license pay a professional local business tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers, civil, consulting Interior Design Opticians Optometrists Osteopathic physicians Physicians 21 ORD NO. 63-06 " Classification All Fees $142.00 except as noted Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified (2) For each person operating with the person licensed In the preceding clause, other than the professional employees Property Management Promoters Entertainment, sports or contests Public Hall for Hire Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop (See Repair Shops) Railroad Companies, each Real Estate Agency or Broker Recording Studio Reducing Salon Rental Equipment (All types) Repair Shops, each Repairs from Truck or Other Vehicle Restaurants (If dancing permitted, see Night clubs) Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) Retirement, Rest Home (See Convalescent home) Rinks (Bicycle, skating or other) Roof Trusses (Se Manufacturer) Sawmill Yard Schools Secondhand Dealers (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand firearms and secondhand clothing) 22 ORD NO. 63-06 Classification All Fees $142.00 except as noted (2) All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed on by the Commission and a license tax paid. Secretarial Service Seed stores (Wholesale and Retail) (See Merchants) Ship Brokers Shoemaker and Repairs Shooting Gallery Sign Painters Commercial but not erecting Soda or Mineral Water Fountains Solicitor (See Peddlers of Merchandise) Sporting Goods (See Merchants) Stamp or Old Coin Dealer Storage Warehouse or Room Tailors Tanning Salon Tattoo Salon Tax Agency (See Professional) Taxidermist, or agents for In addition to other license Taxis First vehicle Each additional vehicle Telegraph Companies Telemarketing Telephone Answering Service Telephone Solicitation (See Sections 118.40 through 118.45) 114.86 57.33 23 ORD NO. 63-06 Classification Telephone Systems and Companies Intrastate business only Temporary Business Liccnscs Receipts (1) Business temporarily located inside enclosed shopping mall; thirty (30) days only (no extensions) (2) Special events, no more than once annually (ifunder three (3) days), as approved by Commission (each license, not otherwise enumerated herein) (3) Special events, no more than once annually (in excess ofthree (3) days), as approved by Commission (each license, not otherwise enumerated herein) Temporary Holiday/Vendors Termite Control Companies Theatrical Directors Who charge for services in directing local talent plays or performances, each performance Theatrical or Dramatic Groups or Companies For profit, where performance is not given in local, licensed theater, each performance Towel, Diaper, Uniform Supply Company Towing Service (See Automobile) Trade Schools Trading Stamp Companies Trailer Park Trailer, Truck Rental Travel Bureaus Tree Pruner (Must have insurance) Trucks Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each. (Does not apply to trucks owned by the city, county or state) U-Drive-It Cars (See Automobile) Undertakers, Embalmers and Funeral Directors Uniform Supply (See Towel, diaper, uniform supply company) Upholsterer Vending Machines (See Automatic trade machines) Venetian Blinds Repair, installation and associated services Vulcanizing All Fees $142.00 except as noted 68.88 No fee 68.88 68.88 24 ORD NO. 63-06 " ~ Classification All Fees $142.00 except as noted Each place of business Watch Repair Water (Sold in bottles) (See Bottling works) Water Companies Persons operating same Water-Softening Service Weight Clinic Weighing Machines (See Automatic trade machines) Wheelchair Rental (See Invalid) Window Cleaning Window Tinting Wood Yard Wrecker Service (See Automobile) Sec. 110.16. PREINSPECTION REQUIREMENT: Any new occupational license local business tax receipt requests will be required to have an on-site inspection in conjunction with the issuance of such license receipt. This inspection will be conducted within twenty-four (24) hours of the initial application request during a regular business workweek. The fee for the inspection is in addition to the license local business tax fee. The inspection fee is twenty-five dollars ($25.00) and is payable at the time of application for the lieense receipt. Sec. 110.17-110.98. RESERVED. Sec. 110.99. PENALTY. The General Penalty set forth in Section 10.99, "General Penalty", shall be the penalty for violating this Chapter. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are 25 ORD NO. 63-06 . ... Section 4. reading. That this ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED in regular session on second and final reading on this the , 2006. day of ATTEST: City Clerk MAYOR First Reading Second Reading 26 ORD NO. 63-06 MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER t!1t1 AGENDA ITEM # lO.t. REGULAR MEETING OF NOVEMBER 21.2006 ORDINANCE NO. 67-06 (AMENDING SECTION 99.04) TO: FROM: DATE: NOVEMBER 17, 2006 This ordinance is before Commission for second reading to amend Section 99.04, "Loud and Unnecessary Noises and Enumerated; Exemptions", Subsection 99.04(A)(6), "Construction'. of the Code of Ordinances to clarify the time that this subsection applies in Single Family Zoning Districts. At the first reading on November 7, 2006, the Commission passed Ordinance No. 67-06. Recommend approval of Ordinance No. 67-06 on second and final reading. S:\City Qerk\AGENDA COVER MEMOS\Otdinance Agenda Memos\Ord 67-06 Amend Sec,99,04A6 Loud and Unnecessary Noises 2nd reading t t.2U)6,doc . . tfrtltJt . . [IT' DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 20() NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE: 'i6!/2.+l.7090. FACSI\lILE: 'i61/27~-4755 DELRAY BEACH F lOR I P '" DaI:II All-America City Writer's Direct Line: 561/243-7091 , IIII!DATE: MEMORANDUM October 26,2006 1993 2001 TO: FROM: City Commission David Harden, City Manager ~.~ Brian Shutt, Assistant City Attorney SUBJECT: Clarification of the Noise Ordinance Application Reaardina Construction in Sinale Familv Zonina Districts The attached ordinance clarifies the time period that the City's construction noise ordinance may apply to single family zoning districts. On July 11, 2006 the Commission adopted Ordinance 30-06 that provided for certain restrictions on construction activities taking place in single family zoning districts. One of the restrictions limited construction work, requiring a permit, to the hours of 7:00 a.m. to 6:00 p.m. Monday thru Friday and 8:00 a.m. to 4:00 p.m. on Saturday. The attached ordinance provides that the exemption in the noise ordinance regarding construction activity, for single family districts, will mirror the same time periods as set forth in Ordinance 30-06. Our office requests that this item be placed on the November 7,2006 Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Lula Butler, Community Improvement Director 12.:D " "" . . ,.. ORDINANCE NO. 67-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 99.04, "LOUD AND UNNECESSARY NOISES AND ENUMERATED; EXEMPTIONS", SUBSECTION 99.04(A)(6), "CONSTRUCTION"; TO CLARIFY THE TIMES THAT THIS SUBSECTION APPLIES IN SINGLE FAMILY ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has determined that it is in the best interest of the City to clarify the times that construction noise will be permitted in single family zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 99.04, "Loud and Unnecessary Noises and Enumerated; Exemptions", Subsection 99.04(A)(6), "Construction", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (6) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work such that the sound there from creates a noise disturbance within a noise- sensitive zone or which violates the provisions of Section 99.05. (a) The provisions of subsection (A)(6)(a) of this Section shall not prohibit construction, drilling or demolition work between the hours of7:00 a.m. and 7:00 p.m. on weekdays, provided. however; if work. that requires a permit. is occurring in a single family zoning district. as set forth in Land Development Regulation Section 4.4.3(A). work shall be limited between the hours of7:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. to 4:00 p.m. on Saturday. This ordinance shall not fief prohibit the use of any temporary pumps or machinery which are required to be operated twenty-four (24) hours a day in conjunction with construction work. Subsection (A)(6)(a) of this Section shall also not apply to emergency work for public utilities or where a special variance has been issued pursuant to Sections 99.06 and 99.30. (b) This Section shall not apply to the use of domestic power tools subject to subsection (A)(16) of this Section. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_, ATTEST MAYOR City Clerk First Reading Second Reading 2 FROM: DAVID T. H~ CI M N~GER JASMIN ALLEN, PLANNER ~O~ ~ MEETING OF NOVEMBER , 2006 PRIVATELY SPONSORED FUTURE LAND USE MAP AMENDMENT (SMALL SCALE) FROM CF (COMMUNITY FACILITIES) TO LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) FOR A 9.00 ACRE PORTION OF THE CHRIST THE KING MONASTERY OF ST CLARE AND REZONING FROM CF (COMMUNITY FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL) TO: THRU: SUBJECT: The subject property is located 125 feet south of Sherwood Boulevard, approximately 650 feet east of Military Trail, and to the rear (east) of the Emmanuel Catholic Church. The proposal involves 9.00 acres of the 10.98 acre Christ the King Monastery of St. Clare site which was originally constructed in the late 1960s as a monastery for the Poor Clare Nuns. With adoption of the Comprehensive Plan in 1989, the subject property was designated CF (Community Facilities) on the Future Land Use Map. Subsequently, with the Citywide rezoning in October 1990, the property was rezoned from R-1-MA-B to CF Community Facilities. At its meeting of January 11, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to allow the construction of a new Monastery for the Poor Clare Nuns, which included a sanctuary, living quarters, and administration offices. Subsequent to the site plan approval, it was determined that the cost to build and maintain the proposed facility was prohibitive and the development proposal was abandoned. On August 21, 2006, the Planning and Zoning Board considered a request for a Future Land Use Map (FLUM) amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and a rezoning from CF (Community Facilities) and R-1-MA-B (Single Family Residential) to PRD-5 (Planned Residential Development - 5 units per acre). At that meeting, there was significant public comment opposing the proposed PRD (Planned Residential Development) zoning category. Following public testimony, the Board continued the petition at the request of the applicant in order for the applicant to work with the neighborhood groups. On September 22, 2006, revised petitions were submitted. The new petitions involve amending the Future Land Use Map designation from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-M for a 9.0 acre portion of the overall site. With the revised petition, the single family zoned parcels located along Sherwood Boulevard would retain their current R-1-MA-B zoning classification and a portion of the site (the northwest corner) would retain its CF (Community Facilities) zoning classification as this portion of the site would accommodate the relocated monastery use. At its meeting of October 16, 2006, the Planning and Zoning Board held a public hearing to consider the request for Future Land Use Map amendment (small-scale) from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and a rezoning from CF (Community Facilities) to R-1-M (Single Family Residential) for the subject property. Staff recommended approval of a compromise which required the modification of the request to provide R-1-MA-B lots along the east property line where they {2, . A City Commission Documentation Meeting of November 21, 2006 Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning Page 2 immediately abut R-1-AAA-B lots within the Sherwood Park Subdivision. There was considerable public testimony. Several residents spoke in opposition to the requested R-1-M zoning district and requested a proposed zoning of R-1-AAA-B; or a combination of R-1-M and R-1-AAA-B. The residents also voiced concerns with respect to the traffic to be generated by the development and its impacts on the adjacent neighborhood street system and requested that access be obtained to Military Trail via the Emmanuel Catholic Church site. The Board discussed the proposal and offered the following comments, namely, that they hoped some compromise could have been reached and that from a zoning perspective, the proposed zoning is compatible; that access/egress was a major concern and had hoped that access via Emmanuel Catholic Church had been more vigorously pursued; and that without a direct access to Military Trail, the proposed subdivision will be an extension of the neighborhood as oppose to standing on its own. After discussing the proposal, the Board voted 5 to 0, to recommend that the request be denied based upon findings that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Move a recommendation of approval the Future Land Use Map amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1- M (Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St Clare by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1,1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and that to ensure compatibility, approval shall be conditioned upon the perimeter lots 4,9 and 10, as shown on the attached Exhibit "A", being a minimum size of 12,500 sq. ft. each and that the remaining property, not including lots 4, 9 and 10, consist of no more than 26 lots, meeting at least the minimum standards of the R-1-M zoning requirements. Attachments: Planning and Zoning Board Staff Report of October 16, 2006 Ordinance # 59-06 \ ORDINANCE NO. 59-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW DENSITY RESIDENTIAL 0-5 DU/ AC); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES); TO R-1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED 125 FEET SOUTH OF SHERWOOD BOULEVARD, APPROXIMATELY 650 FEET EAST OF MILITARY TRAIL, AS MORE P ARTICULARL Y 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, Christ the King Monastery of St Clare, Inc., is the fee simple owner of a 9.00 acre parcel ofland located on 125 feet south of Sherwood Boulevard, approximately 650 feet east of Military Trail; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation ofCF (Community Facilities); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac); and 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 CF (Community Facilities) District; and WHEREAS, at its meeting of October 16, 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 5 to o to recommend that the requests be denied, based upon a failure to make positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are not consistent with and does not further 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 with the addition of conditions as permitted by Section 2.4.4 of the Land Development Regulations and as set forth below; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density Residential 0-5 du/ac). Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section l63.3187(1)(c)3. Section 4. 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 R-l-AA District for the following described property: The East 573.0 feet of the West 1285.0 feet of the South 760.0 feet of the North 1595.0 feet of the South half of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, less the West 110.0 feet of the North 394.75 feet thereof. Section 5. 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 4 hereof. Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations, to ensure compatibility, this Ordinance shall be conditioned upon the perimeter lots 4, 9 and 10, as shown on the attached exhibit "A", being a minimum size of 12,500 sq. ft. each and that the remaining property, not including lots 4, 9 and 10, consist of no more than 26 lots, meeting at least the minimum standards of the R-l-AA zoning requirements. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO, 59-06 Section 8. 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 affect the validity of the entirety of this ordinance, and this ordinance shall be deemed null and void. Section 9. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 59-06 - ~~g~ U .!J J III a~~~ fill ~ni I I \:I Z 52 w~ ~~ ii!O ih: a II! I~~ !~I; o~g B iiiJ !~l!l ~ UtI ~ClCe _. - ~ - attrnI- r,--- , 0: , "'", I '"'a. : 3€" I ~ I L________ ---------, ~~ : '"':i\ ' 3" l ~ I I I I r--.....----, I I it: I I~ N", : 1 3~"': I I l:'f 1 I I - t I , I r-------- " .r la ;:~ ,: 3~ , ~ I, ~3~ I I I I I I . I I I . I:-t- . I I I . I I . I I 00 ~ 1 I: r-- J:L: {' \0 ~ I I I Vlit : If: ;: ~ 'ri ~ ! I~}I g ~ : IE g ~ ! 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Sd '~'" ~r ,',,_ I, -- "" 'I' " I I I I I I I " ' E-1 H j:CI H ~ ~ ~ 0.: l'l.,; E-~ :3~ i....o ~o3~ '" ~ i I <1._;" .-l ::::lz<l: ~I 0 r 6::'3f.- .~ i ~ 0.. m ! iR j ....... ~:i ! i5 ~ ~ "~:U <i E'~ ~ U Ul ill aID 51 ~ .1.N:lWON:lWV wrT1::llSNINOZ:lll Ul ,(( \ , , I I , I I \ : ,\b ~~u -~::JD ~.:......I...J "'rl: i .~ fill ~I~ ~Iii u i ffi ~... uq z~ uc 5 z03u.. 0....3...J <II( 2 0 tjrl: 8 0: ai z EB ~, [l.' w' !:::~ 00. z E9 ~ is ~~ gs ..J. z u. ! EB .L. = -- ... = ~. ;. 2~ ..Jg "-. 1U18NOIW St',. s.g---=-1fIl'IM s..-........., JO ~~ ~1_'~1JI'DlG __ JO 51 __..~ __ _"(IlIloDIi]II_......."" "~nrDl'~..-o JO....w.. .......--. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- October 16, 2006 IV.A Future Land Use Map amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) for a 9.00 acre portion of the Christ the King Monastery of St Clare and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) (Quasi-Judicial Hearing). MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant......................... Christ the King Monastery of St Clare Sister M. Veronica Butler Jess Sowards Located 125 feet south of Sherwood Boulevard and approximately 650 feet east of Military Trail Property Size.............................. 9.00 Acres Future Land Use Map................ CF (Community Facilities) Current Zoning............................ CF (Community Facilities) Proposed Future Land Use Map LD (Low Density Residential 0-5du/ac) R-1-AA (Single Family Residential) Adjacent Zoning................North: R-1-AAA-B (Single Family Residential) East: R-1-AAA-B (Single Family Residential) in part and OSR (Open Space and Recreation) in part South: OSR (Open Space and Recreation) in part and CF (Community Facilities) in part CF (Community Facilities) Church Monastery Construction of 29 single family residences Water Service............................. Extension of water mains from Sherwood Boulevard or the Emmanuel Catholic Church. Sewer Service............................. Extension of sewer mains from Sherwood Boulevard or Sutton Place. Applicant................................... . Agent......................................... . Location..................................... . Proposed Zoning West: Existing Land Use............. ... ...... Proposed Land Use.................... DUNCAN CCNID< ~ ~:. ~';r, ~ CCNID< SOUTH CCXlNTY PROF. CEN1I<C CONDO IV.A The action before the Board is making a recommendation to the City Commission on a privately initiated Small-scale Future Land Use Map (FLUM) amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-M for a 9.00 acre portion of Christ the King Monastery of St Clare. The subject property is located 125 feet south of Sherwood Boulevard, approximately 650 feet east of Military Trail, and to the rear (east) of the Emmanuel Catholic Church. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and rezoning of land. Christ the King Monastery of St. Clare is located on a 10.98 acre parcel at the southwest corner of Sherwood Boulevard and Sutton Place. The facility was originally constructed in the late 1960s. With adoption of the Comprehensive Plan in 1989, the subject property was designated CF (Community Facilities). With respect to the zoning history of the property, prior to October 1990, the zoning was R- 1-MA-B. With the Citywide rezoning in October 1990, the property was rezoned to CF Community Facilities. With respect to development activity, at its meeting of January 11, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to allow the construction of a new Monastery for the Poor Clare Nuns, which included a sanctuary, living quarters, and administration offices. Subsequent to the site plan approval, it was determined that the cost to build and maintain the proposed facility was prohibitive and the development proposal was abandoned. On August 21, 2006, the Planning and Zoning Board considered a request for a Future Land Use Map (FLUM) amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and a rezoning from CF (Community Facilities) and R-1-MA-B (Single Family Residential) to PRD-5 (Planned Residential Development - 5 units per acre). At that meeting, there was significant public comment opposing the proposed PRD (Planned Residential Development) zoning category. Following public testimony, the Board continued the petition at the request of the applicant in order for the applicant to work with the neighborhood groups. On September 22, 2006, revised petitions were submitted. The new petitions involve amending the Future Land Use Map designation from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-M for a 9.0 acre portion of the overall site. With the revised petition, the single family zoned parcels located along Sherwood Boulevard would retain their current R-1-MA-B zoning classification and a portion of the site (the northwest corner) would retain its CF (Community Facilities) zoning classification. Florida Statutes 163.31873 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that local government Comprehensive Plan Future Land Use Map amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: P & Z Board Staff Report October 16, 2006 Christ the King Monastery of St Clare - FLUM Amendment and Rezoning Page 2 o The amendment does not exceed 10 acres of land; o The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; o The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; o That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; o The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and, o The property that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 9.00 acre portion of the overall 10.98 acre parcel. Thus, the total area is less than the 10 acre maximum. The proposed amendment to LD (Low Density Residential 0-5 du/ac) is less than the maximum 10 dwelling unit per acre limit set for residential land uses. The property is not located within a designated redevelopment, urban infill, downtown revitalization, or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will total 11.55 acres which will not exceed 60 acres. The property has not previously been considered for a land use map amendment nor has the same property owner's properties, within 200 feet, been granted a land use change, within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Pursuant to land Development Regulation Section 3.1.1 (A) (Future land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future land Use Map. The current CF zoning designation and CF (Community Facilities) Future Land Use Map designation does not allow residential use. The Future Land Use Map amendment and rezoning is being sought to accommodate a future single family development on the site. The proposed R-1-AA (Single Family Residential) allows single family residences as principal use per LDR Section 4.4.3(8). Table L-7 "Land Use Designation/Zoning Matrix," of the Future Land Use Element, shows that the R-1-AA zoning district is consistent with the LD Future Land Use Map designation. Thus, positive findings can be made regarding consistency of the FLUM. REQUIRED FINDINGS: Future land Use Element Policv A-1.7: Amendments to the Future land Use Map must be based upon the following findings: o Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FlUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FlUM designations of Conservation or Recreation and Open Space. The applicant has provided the following justification statement: P & Z Board Staff Report October 16, 2006 Christ the King Monastery of St Clare - FLUM Amendment and Rezoning Page 3 "The need for this application to request a land use amendment from CF to LD is due to changes in availability of land. When the original comprehensive plan for the City of Delray Beach was adopted, this property was owned and used by Christ the King Monastery of St Clare, Inc. and received the classification of the designation of Community Facilities- Conference Center/Other. The original 34,060 sq. ft. building, built in 1967 on an 11.63 acre tract is in deplorable condition including water damage. Based upon the required repairs and complying with current building codes, it was determined that the existing facility should be demolished. In 2003, a new 7,750 sq. ft. residence for retired priests was built on a .65 acre piece parceled out of the original 11. 63 acres. However, due to changing trends and conditions in their circumstances, the Poor Clare Nuns are now proposing to abandon the existing facility which they can no longer maintain. In addition to the retired priest residence an additional residence of approximately 8,500 sq. ft. is being proposed for the nuns. To accommodate this addition and provide open space for the new facility, the property size will be increased from .65 acres to 0.99 acres, leaving a large undeveloped parcel of approximately 9.00 acres available once the original facility is demolished. Proposed for the 9.00 acres balance are 25 to 29 single family lots. This would be a density substantially less than 5 units per acre. The requested designation of LD is consistent with the predominately residential community goal of the adopted Comprehensive Plan, consistent with the objective to compliment adjacent land uses and fulfill policies by providing a variety of housing types to accommodate the diverse makeup of the City's demographic profile to meet housing need. A traffic statement has determined that the parcel, completely built out, will still meet concurrency standards. According to the FLUM map, the subject property is currently surrounded on the north and a portion of the east by LD (Low Density 0-5 units per acre), on the east and south by OS (Open Space - Lake View Golf Course) and on the west by CF (Community Facilities)- church property. Therefore the land use designation of LD would be appropriate and compatible with existing and future land uses of the surrounding properties. Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. " The requested FLUM amendment is based on the changes in the availability of land. The current CF Future Land Use Map designation was tied to a specific existing use on the subject property. Since this existing use is being relocated and constructed as a smaller facility on a 0.99 acre portion of the subject property, the remaining 9 acres will be available for new development. Since the current zoning and Future Land Use Map designation will not allow single family residential development, which is the prevailing land use in the area, the changes are being sought. Given the specific nature of the CF (Community Facilities) category and the fact that the specific use will no longer be on the majority of the site, the change is warranted. Therefore, positive findings can be made with respect to fulfilling a demonstrated need. o Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Future Land Use Element Policv A-2.3: Development of remaining vacant properties shall occur in a manner which is consistent with and complimentary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. P & Z Board Staff Report October 16, 2006 Christ the King Monastery of St Clare - FLUM Amendment and Rezoning Page 4 The subject site is partially vacant. With the proposed demolition and reconstruction of the monastery, 9.00 acres of the site will be available for development. The proposed LD (Low Density Residential 0-5 du/ac) is consistent with the surrounding Future Land Use designations. The property is surrounded on the north and east by single family residences, on the west by the Emmanuel Catholic Church and on the south and a portion of the east property line by the Lakeview Golf Course. The FLUM designation of the surrounding properties is LD (Low Density Residential 0-5 du/ac) for the residential uses, CF (Community Facilities) for Emmanuel Catholic Church, and OS (Open Space) for the Lakeview Golf Course. As stated in the above policy, development shall occur in a manner which is consistent with and complimentary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process of platting for single family developments. Housina Element Obiective A-3: For those areas identified as "stable residential" on the Residential Neighborhood Categorization Map, the City shall implement the following policies to ensure that they remain stable and do not decline: Housina Element Policv A-3.2: The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation and Conservation shall be denied. The subject property is not identified as "stable" on the Residential Neighborhood Categorization Map. The "stable" designation covers a broad area to the north and east of the site and at the time, the designation was applied, the subject parcel was zoned CF and the monastery was not considered residential. Therefore, the subject property is not subject to this provision. However, consideration should be given to the compatibility of the proposal with respect to the prevailing land uses. The following table details the lot size and dimensions of the surrounding residential properties: Location Land Use Zoning Classification R-1-AAA-B Existing Lot Area 12,500 sq. ft. Existing Lot Franta e 100' North side of subject property (south side of Sherwood Blvd) Undeveloped Single Family Residential R-1-AAA-B 18,500 sq. ft. - 100' - 190' 35,150 sq. ft. 185' Single Family Residential R-1-AAA-B 12,500 sq. ft. 100' 125' To the immediate north of the subject property, the lots fronting on the south side of Sherwood Boulevard are owned by Christ the King of St Clare, Inc. and are proposed to retain the R-1-AAA- B zoning classification. The proposed lots in the R-1-M zoning, requested for the remaining 9.00 acres, will have a minimum lot area of 9,500 sq. ft. and minimum lot dimensions of 75'x100' (interior lots) and 95'x100' (corner lots). The applicant is proposing lot sizes ranging from 9,545 sq. ft. to 11,875 sq. ft. These lot sizes are slightly smaller than the surrounding lots which have a minimum required dimension of 100' x 110'. It is recommended that the exterior lots immediately adjacent to the abutting residential properties be increased in size to meet the minimum required dimensions of 100' x 110' and a required minimum area of 12,500 sq. ft. This would require reconfiguration of proposed Lots 4,9, and 10 and/or modification to a zoning classification of R-1- AAA-B for those lots. It is noted that the proposed Future Land Use Map change is from a non- P & Z Board Staff Report October 16, 2006 Christ the King Monastery of St Clare - FLUM Amendment and Rezoning Page 5 residential land use designation (CF) to a residential designation (LD) which is the same as the adjacent "stable" residential neighborhood. Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Compared to the potential for the existing monastery, the proposed new development will decrease the traffic in the surrounding area by 8 ADT (Average Daily Trips), but will increase the PM peak hour trips by 14. This increase is not substantial and should not negatively impact the traffic patterns in the area. The proposed single family will have little impact on the surrounding area with regard to noise, odors, dust, and/or circulation patterns. The applicant has two access points to the development, one at the western end of Lakeview Boulevard and the other on Sherwood Boulevard. To minimize the impact on Sherwood Boulevard, it is important to note that the access will provide two-way access to the proposed monastery and then narrow to provide an inbound, one-way access only to the proposed residential development. This traffic circulation pattern has been proposed to address neighborhood concerns over the project's traffic impacts. Providing an entrance only would reduce the number of trips coming from Military Trail that would be required to access the subdivision via Sutton Place. CJ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves the FLUM amendment of 9.00 acres from CF to LD. At the maximum density allowed under the LD FLUM designation (5 units per acre), it would be possible to construct 45 units. While the proposed development scenario will only contain a total of 29 single family homes, the maximum number of units (9.00 acres x 5 du/ac = 45 units) which may be accommodated under the LD FLUM designation has been analyzed for concurrency purposes. Traffic: The trip generation according to Table 10-8-3 "Fair Share Road Impact Fee Schedule" Palm Beach County Traffic Performance Standards Ordinance for single family units is 10 ADT (Average Daily Trips). Therefore, the redevelopment could generate a total of 450 ADT (Average Daily Trips). It is noted that the existing use generates 328 trips (potential), resulting in a net increase of 122 ADT. Since the most intensive use of the property under the proposed future land use designation would generate less than 200 new ADT, a traffic study is not required. A copy of the submitted traffic statement has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be received prior to subdivision plat approval. Given the level of service of the adjacent roadways, no issues with respect to the ability of the project to meet traffic concurrency are anticipated. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 1.99 tons per year for single family units for the life of the existing landfill, which is anticipated for the year 2021. Under the maximum units which can be developed, (45 single family units), the project would generate 89.55 tons per year. The potential annual solid generation of the existing use is 102.7 tons. Consequently, the proposed FLUM amendment will reduce the solid waste generation by 13.15 tons. P & Z Board Staff Report October 16, 2006 Christ the King Monastery of St Clare - FLUM Amendment and Rezoning Page 6 Water & Sewer: Water service is currently provided via a 4" main from the Emmanuel Catholic Church located to the west. This main will not be adequate to serve the proposed development and thus the extension of either the 8" water main located along the north side of Emmanuel Catholic Church or the 6" mains along Sherwood Boulevard and Sutton Place will be required. Sewer services can be provided via the extension of the existing 8" sewer mains located within Sherwood Boulevard and Sutton Place rights-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the maximum development potential under the LD FLUM designation of 45 dwelling units, a park impact fee of $22,500 will be required. Schools: The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. A School Concurrency approval has been received for up to 48 single family homes. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As stated above the property is surrounded on the north and east by single family residences, on the west by the Emmanuel Catholic Church and on the south and a portion of the east property line by the Lakeview Golf Course. The FLUM designation of the surrounding properties is LD (Low Density Residential 0-5 du/ac) for the residential uses, CF (Community Facilities) for Emmanuel Catholic Church, and OS (Open Space) for the Lakeview Golf Course. The requested designation of LD is compatible with the adjacent residential Future Land Use Map designation. Therefore, positive findings with respect to compatibility can be made. The conceptual plan indicates the development of 29 single family lots for the subject property. It is recommended that the single family lot sizes lying adjacent to the existing single family residences (Lots 4, 9, and 10) be increased to the minimum required in the R-1-MA-B (100' x 110' with a required minimum area of 12,500 sq. ft.) to enhance compatibility. CJ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Development of the property will occur in accordance with the City's Land Development Regulations during the platting review process. Within the R-1-AA zoning district, single family detached dwellings are permitted as a principal use. The applicant has submitted a conceptual plan that complies with the minimum lot dimensions required in the R-1-AA zoning category. However, as stated above additional consideration must be given to providing larger sized lots along the eastern perimeter, where adjacent to existing single family dwellings on larger lots. With the above modification, a positive finding with respect to compliance with the Land Development Regulations can be made. P & Z Board Staff Report October 16, 2006 Christ the King Monastery of St Clare - FLUM Amendment and Rezoning Page 7 Reauired FindinQs: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Consistency: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5{D) (5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Section 3.2.2 (Standards for RezoninQ Actions): Standards B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. · The surrounding residential area has been identified as stable on the Residential Neighborhood Categorization Map. The adjacent residential properties are zoned R-1-MA-B (Single Family Residential) and lie along the north and a portion of the east perimeter. The other adjacent zonings include OSR (Open Space and Recreation to the east and south and CF (Community Facilities) to the west and south. The "stable" designation is not applied to this property, as the subject parcel was zoned CF, therefore this standard does not apply. Further, the proposed change for 9 acres of the property is from a non-residential zoning district to a residential district which is more in keeping with the adjacent "stable" residential designation. However, as noted in the balance of this report, lot sizes around the perimeter of the site should be increased to be consistent with adjacent lot sizes. It is recommended that these changes be incorporated in a subdivision plat and that the plat be approved concurrently with the concurrently with the effective date of the rezoning ordinance. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. P & Z Board Staff Report October 16, 2006 Christ the King Monastery of St Clare - FLUM Amendment and Rezoning Page 8 The following zoning designations and uses border the property: Direction ZoninQ Uses North West South East R-1-AAA-B CF OSR & CF OSR & R-1-AAA-B Single Family Residential Emmanuel Catholic Church Lakeview Golf Course and Duncan Center Lakeview Golf Course and Single Family The "Purpose and Intent" of all Single Family zoning districts under Section 4.4.3(A) states: "The Single Family Residential Districts have been created in order to provide areas where the traditional single family detached residences can be established and maintained and be protected from the unwarranted intrusion of other inappropriate uses. Further, the Single Family Residential Districts are established in compliance with provisions of Goal Area ''A'' of the Comprehensive Plan which calls for the preservation and maintenance of stable neighborhoods. " As stated above, the proposed R-1-AA Single Family Residential zoning district is consistent with the proposed LD (Low Density Residential 0-5) FLUM designation. Based on a minimum lot size of 9,500 square feet, the maximum density allowed under the R-1-AA is 4.5 units per acre (however, actual densities are reduced to accommodate roadways). Conversely, the maximum density within the R-1-AAA-B is 3.48 units per acre, based on a minimum lot size of 12,500 square feet. Based solely on average lot sizes (again absence of adjustment for roadways) the densities within the surrounding neighborhood are 4.5 units in the R-1-AA section of the Lakeview neighborhood and vary between 2 units per acre to 3.48 units per acre in the R-1-AAA-B sections. A comparison of the lot development standards pursuant to LDR Section 4.3.4(K) is provided below: SETBACKS MINIMUM LOT LOT MINIMUM MINIMUM SIDE SIDE LOT WIDTH LOT FRONTAGE FLOOR OPEN FRONT STREET INTERIOR SIZE IIC DEPTH IIC AREA SPACE 1 &2/3 (7) 1 &2/3 (7) 1&2/3 (7) REAR HElGHT(4) (sq. ft.) (ft.) (fl.) (fl.) (sq. fl.) (ft.) (fl.) (ft.) (f1.1 (fl.) IR.1.AAAB 12,500 100 110 100 1,500 25% 35 17 12 12 35 IR.1.AA 9,500 75/95 100 75/95 1,500 25% 30 15 10 10 35 While the development standards differ with respect lots sizes and setback requirements, elements such as the minimum floor area, open space and height requirements are the same for both zoning districts. As noted previously, the existing lots fronting on the south side of Sherwood Boulevard which are owned by Christ The King Monastery of St Clare, Inc. will remain R-1-AAA-B. Additionally, it is recommended that the lot sizes adjacent to the existing single family residences on the east side of the property be increased to a minimum of 12,500 square feet in order to enhance compatibility with the existing single family neighborhood to east. The adjacent neighborhoods which will be most impacted by this zoning change are the Sherwood Park and Lakeview Subdivisions. While the Sherwood Park Subdivision is zoned R- 1-AAA-B, the Lakeview Subdivision is comprised of both the R-1-AAA-B and R-1-AA zoning classifications. P & Z Board Staff Report October 16, 2006 Christ the King Monastery of St Clare - FLUM Amendment and Rezoning Page 9 CHRIST 1Hf: /<JHe JrKJNAS1ERY OF Sf. aARf" CF aSR -. OI.IHCAH CEN7CR R-1-AA Zonina Map of Surroundina Subdivisions The difference in these zoning classification have existed in the neighborhood since the 1960's and have not created any negative impact with respect to property values or traffic impacts. Attached is a comparison of the appraised property values between the R-1-MA-B and R-1- AA zoning district sections of the surrounding neighborhood. No appreciative difference is shown between the two zoning districts. Section 2.4.5(D) (5) (RezoninQ FindinQs): Pursuant to Section 2.4.5{D){5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. In the rezoning application, the applicant has indicated that there has been a change in circumstances which makes the current zoning inappropriate. The applicant states: "There has been a change in zoning which makes the current zoning inappropriate. The 40 year old monastery is in deplorable condition including water damage. Since it is too costly to make repairs and maintain, the nuns in residence are proposing to demolish the facility and move to a smaller site thus making 9.00 acres of vacant land available for development. Single family residential (R-1-AA) is similar to the existing CF zoning in intensity but more appropriate to the adjacent areas. Examples of allowable uses in CF are clubs and lodges, abused spouse residences, child day care centers, community centers and swim and tennis centers. The proposed zoning change is contiguous to a City owned golf course, the new location for the nuns, Emmanuel Catholic Church's retention pond and the single family residential uses." P & Z Board Staff Report October 16, 2006 Christ the King Monastery of St Clare - FLUM Amendment and Rezoning Page 10 Comment: The basis for which the rezoning is being sought most closely relates to Items "b" and "c". The change in circumstances has been brought about with the availability of the site for development. As stated previously, the existing monastery use is being demolished and constructed as a smaller facility on a 0.99 acre portion of the subject site, thus allowing 9 acres to be available for new development. The proposed R-1-AA zoning designation will allow the development of a single family residential project which maintains the prevailing Low Density FLUM designation which exists on the adjacent residential neighborhood, north and east of the site. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. As noted previously, compliance with the Land Development Regulations will occur during the subdivision plat process, at which time, the layout of the site including the street system and lot configuration will be approved. The development proposal is not located within the geographical area requiring review by the CRA (Community Redevelopment Agency) of the DDA (Downtown Development Authority). IPARC Notice: On October 5, 2006, a revised notice of the Future Land Use Amendment was provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received. Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: · Neighborhood Advisory Council · Presidents Council · Shadywoods Homeowners Association · Lakeview Civic Association . PROD Sherwood Park Civic Association Hamlet . . Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Three letters of petition have been received and are attached. A request has been made by the neighborhood association that the original petitions signed by the 340 residents be made a part of the record. Additional letters of objections or support, will be presented at the Planning and Zoning Board meeting. The proposed FLUM designation of LD (Low Density Residential) and zoning of R-1-AA is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The existing CF Future Land Use Map designation and zoning does not allow the redevelopment of the site for residential uses. Given the proposed demolition of the existing monastery, the requested LD (Low Density Residential 0-5 du/ac) is appropriate and is compatible with the surrounding Low Density Future Land Use Map designation. The proposed R-1-AA zoning is compatible with the P & Z Board Staff Report October 16, 2006 Christ the King Monastery of St Clare - FLUM Amendment and Rezoning Page 11 surrounding zoning designations, and is in keeping with the zoning pattern that exists in the adjacent neighborhoods which includes a mix of R-1-AAA-B and R-1-AA zoning designations. To increase compatibility it is recommended that the perimeter lots (Lots 4, 9 and 10) are increased in size to the minimum required by the R-1-AAA-B district. While this could be accommodated without modifying the current zoning request, the only concrete way of assuring this would be to expand the area of R-1- AAA-B zoning. Further, with an increase in size of the perimeter lots, compatibility with adjacent single family homes can be enhanced. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). A. Continue with direction. B. Move to table the Future Land Use Map amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St Clare with direction that R-1-AAA-B zoning be requested for proposed Lots 4,9 and 10 of the site. C. Move a recommendation of denial to the City Commission for the Future Land Use Map amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St Clare by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. D. Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres of land lying within the Christ the King Monastery of St Clare site by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations subject to a simultaneous approval of a plat increasing the perimeter lot sizes as identified in the report. Move a recommendation of .approval to the City Commission for the Future Land Use Map amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St Clare by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations with the effective date of the rezoning ordinance concurrent with approval of a subdivision plat with the perimeter single family lots adjacent to the existing lots within Sherwood Park Subdivision and Lakeview Subdivision, Lots 4, 9 and 10 having a minimum required area of 12,500 square feet with minimum dimensions of 100' (lot frontage), 100' (lot width), and 110' (lot depth), similar to the requirements of the R-1-AAA-B zoning district. 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CLARE - EXISTING FUTURE LAND USE MAP DESIGNATIONS- CITY OF DELRAY BEACH, FL PLANNING & ZONING OEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM894 3674 Lakeview Blvd Delray Beach, FL 33445 October 9,2006 City of Delray Beach Planning and Zoning Board 100 NW 1 st Avenue Delray Beach, FL 33444 Re: Christ the King Monastery Dear Chairman Kroll and Board Members, The purpose of this letter is to request conditions on the rezoning proposed for the Christ the King Monastery. The proposed future land use designation is compatible with the surrounding residential neighborhoods, however, we have concerns about the R-1AA zoning designation. This zoning designation allows smaller lots sizes than are adjacent to the site and we respectfully request that the Board recommend that new lots along the eastern boundary of the site be restricted with lot widths of least 100 feet. Our home is three lots east of the site and our backyard will be perpendicular to the backyards ofthe proposed residences. The golf course provides an open area and it will be easy to view the new residences (and for our yards and homes to be viewed). For compatibility reasons these parcels should be developed like those in the Sherwood Park and Lakeview neighborhoods. The City has coordinated with the applicant to ensure parcels on the north boundary are compatible and we request the same consideration for the eastern boundary. We understand that less restrictive zoning than R-1AA is located within the Lakeview neighborhood. It should be noted that these parcels are located on Lakeview Drive and the lots are not across from or perpendicular to any lots designated as R-lAAAB. These lots are not viewable by the lots zoned R-1AAAB. For the above reasons, please consider designating the property with R-1AAAB zoning or placing lot size conditions on the eastern boundary ofthe site to be consistent with the homes nearby in the Lakeview subdivision. Regards, f~a_~' -~/'L ~ Karen A. Kiselewski & Brian R. Link _"-I\.~....-r, ! .' !'_.. A ~r' . ,. .~ ., ,;' ~. ,\,' , OCT 1 1 2006 ;1 r ;;, Page 1 of 1 Allen, Jasmine From: JUJUCHACHI@aol.com Sent: Thursday, September 28,200612:02 PM To: Allen, Jasmine Cc: Perlman, Jeff; Dorling, Paul; Fetzer, Fred; johnlevson@mydelraybeach.com; Montague, Brenda Subject: change of zoning. to whom it may concem, My name is Charles Williams and I reside at 3897 Sherwood Blvd. My wife and I live directly across the street from the Sisters of St Claire(Christ the King) monastery which is currently being proposed for a zoning change. We were unable to attend the first public meeting, but we did attend a meeting at the monastery on Tuesday night Sept 26, which was attended by residents of Lakeview, and Sherwood Park, and the developer. My understanding is that the current zoning on Sherwood Blvd is to remain the same R1-AAA, and the interior of the property is the section to be rezoned, I believe to R1-AA. There was talk at this meeting concerning a public road entering the property in the middle of the block on Sherwood Blvd, directly in front of our home, which I am totally against. The current access to the monastery is a private drive with very limited traffic, and have never been a public access road. By allowing the developer to add a public road off Sherwood Blvd., in the middle of the block creates a serious safety issue. In my opinion, the only logical access to the property is a continuation of Lakeview Blvd west directly into the property. Not only is this the safest way to enter, it's in my opinion the most logical way. My wife and I are opposed to any zoning changes along Sherwood Blvd, and are totally opposed to any public road(s) entering or exiting Sherwood Blvd between Military Trail and Sutton Place. Sincerely, Charles and Judith Williams 3897 Sherwood Blvd Delray Beach, FL 33445 Tel 496.0702 or 272.3232 10/2/2006 Page 1 of 1 Allen, Jasmine From: Dorling, Paul Sent: Tuesday, October 03, 2006 10:42 AM To: Allen, Jasmine Subject: FW: Rezoning of Christ the King Monastery of St Clare Paul Dorling, AICP Director of Planning and Zoning City Of Delray Beach 100 N.W. 1st. Avenue Delray Beach, Florida 33444 561-243-7040 dorl ingp@ci.delray-beach.f1.us From: elainestuart@att.net [mailto:elainestuart@att.net] Sent: Tuesday, October 03,20069:52 AM To: Perlman, Jeff; Ellis, Rita; Dorling, Paul; McDonnell, Mark Subject: Rezoning of Christ the King Monastery of St Clare Thank you in advance for taking time out of your day to read my eMail. As a current resident ofthe Lakeview community, and a 27 year resident of Delray Beach, I would like you to know that I was most pleased with the Planning and Zoning board's decision to not allow townhouses for the rezoning of the Christ the King Monastery of St Clare, during the September meeting. I would like to be on record that I support the zoning ofR-l-AAAB for the perimeter of the property and R-l-AA for the interior of the property. This would keep the look and feel of our current community in place. A true neighborhood, in one of the best cities to live in. Again, I thank you for your time. Elaine M. Stuart 3397 Lakeview Blvd Delray Beach, FI 33445 10/3/2006 Appraised Value Comparison Sherwood Park & Lakeview Subdivisions - (Lots within 500 feet of the subject property) 12-42-46-24-01-006-00723803 SHERWOOD BLV R-1AAAB $285,217 $175,619 $460,836 12-42-46-24-01-006-0071 3819 SHERWOOD BLV R-1AAAB $213,512 $141,389 $354,901 12-42-46-24-01-006-0081 3837 SHERWOOD BLV R-1AAAB $308,395 $127,250 $435,645 12-42-46-24-01-006-00923843 SHERWOOD BLV R-1AAAB $250,103 $141,389 $391,492 12-42-46-24-01-006-0091 3897 SHERWOOD BLV R-1AAAB $297,776 $141,389 $439,165 12-42-46-24-01-006-01023907 SHERWOOD BLV R-1AAAB $269,372 $141,389 $410,761 12-42-46-24-01-006-01013911 SHERWOOD BLV R-1AAAB $201,263 $141,389 $342,652 12-42-46-24-01-006-0111 3913 SHERWOOD BL V R-1AAAB $218,131 $141,389 $359,520 12-42-46-24-01-006-01123931 SHERWOOD BLV R-1AAAB $244,553 $141,389 $385,942 12-42-46-24-01-006-01223935 SHERWOOD BLV R-1AAAB $335,205 $141,389 $476,594 12-42-46-24-02-007-00103934 SHERWOOD BLV R-1AAAB $426,812 $141,389 $568,201 12-42-46-24-02-007-00203930 SHERWOOD BLV R-1AAAB $222,406 $104,500 $326,906 12-42-46-24-02-007-00303926 SHERWOOD BLV R-1AAAB $326,975 $141,389 $468,364 12-42-46-24-02-007-00403918 SHERWOOD BLV R-1AAAB $178,811 $141,389 $320,200 12-42-46-24-02-007-00503910 SHERWOOD BLV R-1AAAB $240,509 $141,389 $381,898 12-42-46-24-02-007-00603906 SHERWOOD BLV R-1AAAB $320,432 $141,389 $461,821 12-42-46-24-01-005-0121 3631 SHERWOOD BLV R-1AAAB $276,048 $175,619 $451,667 12-42-46-24-01-005-01313711 SHERWOOD BLV R-1AAAB $202,546 $175,619 $378,165 12-42-46-24-01-005-01323721 SHERWOOD BLV R-1AAAB $341,733 $175,619 $517,352 12-42-46-24-01-005-0141 3725 SHERWOOD BLV R-1AAAB $252,210 $175,619 $427,829 12-42-46-24-02-008-00103724 SHERWOOD BLV R-1AAAB $204,023 $141,389 $345,412 12-42-46-24-02-008-00203720 SHERWOOD BLV R-1AAAB $215,018 $141,389 $356,407 12-42-46-24-02-008-00303712 SHERWOOD BLV R-1AAAB $137,374 $141,389 $278,763 12-42-46-24-02-008-00403706 SHERWOOD BLV R-1AAAB $206,434 $141,389 $347,823 12-42-46-24-02-008-00503630 SHERWOOD BLV R-1AAAB $204,361 $141,389 $345,750 12-42-46-24-04-003-01003637 LAKEVIEW BLV R-1AAAB $173,731 $141,389 $315,120 12-42-46-24-04-003-01103655 LAKEVIEW BLV R-1AAAB $170,007 $141,389 $311,396 12-42-46-24-04-003-01203673 LAKEVIEW BLV R-1AAAB $206,613 $141,389 $348,002 12-42-46-24-04-003-01303691 LAKEVIEW BLV R-1AAAB $176,704 $141,389 $318,093 12-42-46-24-04-003-01403699 LAKEVIEW BLV R-1AAAB $289,159 $141,389 $430,548 12-42-46-24-04-001-05103620 LAKEVIEW BLV R-1AAAB $190,923 $162,360 $353,283 12-42-46-24-04-001-05203638 LAKEVIEW BLV R-1AAAB $140,956 $162,360 $303,316 12-42-46-24-04-001-05303656 LAKEVIEW BLV R-1AAAB $211,158 $162,360 $373,518 12-42-46-24-04-001-05403674 LAKEVIEW BLV R-1AAAB $201,597 $162,360 $363,957 12-42-46-24-04-001-05503692 LAKEVIEW BLV R-1AAAB $223,821 $162,360 $386,181 12-42-46-24-04-001-05603702 LAKEVIEW BLV R-1AAAB $337,386 $162,360 $499,746 Average $241,702 $148,221 $389,923 Source: Palm Beach County Property Appraiser Appraised Value Comparison lakeview Subdivision (lots outside of the 500 foot radius of the subject site) 12-42-46-24-04-001-01903135 LAKEVIEW DR R-1AA $403,986 $162,360 $566,346 12-42-46-24-04-001-02003139 LAKEVIEW DR R-1AA $249,698 $162,360 $412,058 12-42-46-24-04-001-02103204 LAKEVIEW DR R-1AA $209,163 $162,360 $371,523 12-42-46-24-04-001-02203210 LAKEVIEW DR R-1AA $236,208 $162,360 $398,568 12-42-46-24-04-001-02303220 LAKEVIEW DR R-1AA $198,864 $162,360 $361,224 12-42-46-24-04-001-02403250 LAKEVIEW DR R-1AA $234,929 $162,360 $397,289 12-42-46-24-04-001-02503264 LAKEVIEW DR R-1AA $203,162 $162,360 $365,522 12-42-46-24-04-001-02603296 LAKEVIEW DR R-1AA $282,832 $162,360 $445,192 2-42-46-24-04-001-0270 3300 LAKEVIEW DR R-1AA $249,683 $162,360 $412,043 12-42-46-24-04-001-02803324 LAKEVIEW DR R-1AA $233,173 $162,360 $395,533 12-42-46-24-04-001-02903352 LAKEVIEW DR R-1AA $195,600 $162,360 $357,960 12-42-46-24-04-001-03003384 LAKEVIEW DR R-1AA $207,086 $162,360 $369,446 2-42-46-24-04-001-0310 3398 LAKEVIEW DR R-1AA $220,606 $162,360 $382,966 12-42-46-24-04-001-03203400 LAKEVIEW DR R-1AA $245,340 $162,360 $407,700 12-42-46-24-04-001-03303408 LAKEVIEW DR R-1AA $219,140 $162,360 $381,500 12-42-46-24-04-001-03403416 LAKEVIEW DR R-1AA $240,995 $162,360 $403,355 12-42-46-24-04-001-03503426 LAKEVIEW DR R-1AA $209,352 $162,360 $371,712 12-42-46-24-04-001-03603450 LAKEVIEW DR R-1AA $143,207 $162,360 $305,567 12-42-46-24-04-001-03703474 LAKEVIEW DR R-1AA $186,769 $162,360 $349,129 12-42-46-24-04-001-03803500 LAKEVIEW DR R-1AA $208,658 $162,360 $371,018 12-42-46-24-04-001-03903514 LAKEVIEW DR R-1AA $202,381 $162,360 $364,741 12-42-46-24-04-001-04003524 LAKEVIEW DR R-1AA $210,956 $162,360 $373,316 12-42-46-24-04-001-04103544 LAKEVIEW DR R-1AA $193,907 $162,360 $356,267 12-42-46-24-04-001-04203548 LAKEVIEW DR R-1AA $223,909 $162,360 $386,269 12-42-46-24-04-001-04303556 LAKEVIEW DR R-1AA $245,762 $162,360 $408,122 Average $226,215 $162,360 $388,575 lakeview Ph 2 (lots outside of the 500 foot radius of the subject site) 12-42-46-24-20-000-00103005 WEDGEWOOD BL\ R-1AA $254,588 $141,389 $395,977 12-42-46-24-20-000-00203025 WEDGEWOOD BL\ R-1AA $223,987 $162,360 $386,347 12-42-46-24-20-000-00303045 WEDGEWOOD BL\ R-1AA $254,215 $162,360 $416,575 12-42-46-24-20-000-00403065 WEDGEWOOD BL\ R-1AA $287,811 $162,360 $450,171 12-42-46-24-20-000-00503075 WEDGEWOOD BL\ R-1AA $228,317 $162,360 $390,677 12-42-46-24-20-000-00603095 WEDGEWOOD BL\ R-1AA $297,050 $162,360 $459,410 12-42-46-24-20-000-00703115 WEDGEWOOD BL\ R-1AA $356,216 $162,360 $518,576 12-42-46-24-20-000-00803135 WEDGEWOOD BL\ R-1AA $302,628 $162,360 $464,988 12-42-46-24-20-000-00903155 WEDGEWOOD BL\ R-1AA $297,100 $162,360 $459,460 12-42-46-24-20-000-01003175 WEDGEWOOD BL\ R-1AA $426,555 $162,360 $588,915 12-42-46-24-20-000-0110 3195 WEDGEWOOD BL \ R-1AA $341,122 $162,360 $503,482 12-42-46-24-20-000-01203160 WEDGEWOOD BL\ R-1AA $324,302 $141,389 $465,691 12-42-46-24-20-000-01303140 WEDGEWOOD BL\ R-1AA $223,847 $141,389 $365,236 12-42-46-24-20-000-01403120 WEDGEWOOD BL\ R-1AA $254,744 $141,389 $396,133 12-42-46-24-20-000-0150 1380 BOCCI CT R-1AA $398,998 $141,389 $540,387 12-42-46-24-20-000-0160 1385 BOCCI CT R-1AA $241,434 $141,389 $382,823 12-42-46-24-20-000-0170 1365 BOCCI CT R-1AA $193,942 $141,389 $335,331 12-42-46-24-20-000-01803070 WEDGEWOOD BL\ R-1AA $229,294 $141,389 $370,683 Average $285,342 $153,040 $438,381 Source: Palm Beach County Property Appraiser . ,..." Noyember 13,2006 City Commissioners City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Subject: Dear City Commissioners; As a representatiYe member of the lakeview Civic Association, I respectfully request on behalf of my Community that City Commissioners deny the proposed rezoning of the above site to R-1-AA and support rezoning the site to R-1-AAA-B. Rezoning of "Christ the King Monastery of St. Clare" Our Community believes that R-1-AAA-B to be the most appropriate zoning for the deyelopment based on the following: . The development proposed is not a new or separate enclaye, gated community or separate deyelopment. . The site-plan submitted proposes an extension of our community by exiting/entering directly onto lakeview Bouleyard. . lakeyiew Blvd is not a main artery; it becomes a loop road feeding into lakeyiew DriYe. All traffic exiting the community must eyentually exit onto Sherwood Blvd. . The Monastery will continue to operate, just in smaller quarters. The traffic associated with the monastery will not change. The new traffic generated by this community will greatly increase the traffic alonglakeview Blyd since the main entrance/exit will be on lakeyiew Blyd. . Every home within the 500 foot Planning & Zoning notification area is zoned R-1-AAA-B. . Eyery home along Sherwood & Lakeview Blyd's is zoned R-1-AAA-B. . 50% of the homes in Sherwood Park enjoy a lot size that is greater than the 12,500 sq. ft. required with R-1-AAA-B zoning. By applying this zoning you will protect one of two communities in Delray that are R-1-AAA-B, maintain the size. character and integrity of our Community, and most important the open space that makes this community a special jewel within the City of Delray Beach. We appreciate all of your efforts on behalf of our Communities. Sincerely, 2___~ L.yn~n President, Lakeyiew Civic Association Monastery History Communities of lakeview and Sherwood Park Timeline/Minutes August 28, 2006 P & Z denied the Developers original request and asked that the Developer go back and meet with the Community. In particular the board specifically addressed 3 items. Town homes were inappropriate for this development. They should seek access to Military Trail They should go back and work with the Community. September 4, 2006 First Developer/Community meeting: Developer announced the good news that there would be no townhouses and he had compromised by adding a road off of Sherwood Blvd that was a small 1 way in, and proposed R-1-A, similar to downtown urban density. Community response: The town homes were taken off the table by P & Z - this is not a compromise. The 1 way in, was not a compromise, but mandatory existing right-of-way. Obviously R-1-A is inappropriate for the community. At this meeting the developer did meet with us, but he offered no real compromise. With no real compromise presented, no compromise was made. It was made clear that the Community would not stand behind this plan. At this time we also urged him to move quickly and we would respond in same, as we wanted to ensure that this project was kept on a fast track, as not to negatively impact the Nuns. And that we were working with him for a mutually beneficial solution. September 26, 2006 Developer presented zoning the entire site R-1-AA. No regard for homes surrounding the perimeter as had previously been suggested by the P & Z. Community response: We urged him that since his Development was not a separate community or enclave, that at a minimum he should have homes along the entire length of Sutton Place and especially along the entire length of the Lakeview Blvd extension reflect the existing zoning in the Community of R-1-AAAB. We asked him to consider Spilt Zoning and to get back to us by Friday, September 29, with a compromise that we could present to our communities at our planned Sunday, October 1, meeting. We were informed on Friday, September 29, that no additional changes had been made, but they provided the previous plan (R-1-AA) for our meeting and confirmed meeting with us on Tuesday to discuss the outcome of our Community meeting. October 3, 2006 12 people representing both Communities showed up at 7:00pm as planned and the developer did not show. Although he and his representative had several of the Community members phone numbers only 1 call was made to J. Matthews in the late afternoon to cancel. She did not get the call. Jess Sowards his representative made it clear that Mr. Giudice was not in town and that Mr. Sowards had gone to his daughter's soccer game. This call came in 8:00pm. Monastery Commentary 1 Our Position Working with developer to fast track his project: As a Community we have all changed our schedules and pitched in to try and fast track this development for the Developer and the Nuns. They have had much more time and resources to work on this development than any of the residents who have all been shocked and disappointed that the Monastery is selling most of it's property. We are happy that they will continue to stay and operate as they have in the past. With this in mind, residents all have: Reasonable expectation - that the Monastery would continue to exist. Everyone who purchased into this community had a reasonable expectation that the Monastery would continue to operate as it has for the last 40+ years. The Monastery has enjoyed the open space and quiet that the bordering communities have offered it over the past 40+ years. The Monastery has been a fixture in the community and a welcome neighbor. All residents had purchased with the expectation that the Monastery would always be a part of the Community. P & Z Notification Sites: The stated Policy is to inform all "interested parties" within a 500-foot radius of a proposed development site of a requested change in zoning. Each and every home within the 500 Foot notification zone is in a home that is zoned R-1-AAAB. That should be the leading indicator on how this site should be zoned. HousinQ Element Policy A-3.2: The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Both communities are zoned "Stable", the fact that the Monastery is not, is just a matter of wording. The site has not changed in 40+ years. If that doesn't fit the definition of stable, than nothing does. With this in mind, the development of the site should be considered "Stable" and all the rights and regulations associated with it followed. HousinQ 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, odor, 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. The Community will have to endure approximately 5 years of construction. This is a community know for the quietness and open space that surrounds it. A unique Oasis within the City limits of Delray Beach. As a well-established "stable" community we will now have to endure the noise, odor, dust, increased traffic by trades people until the project is completed. These are not events that occur in well-established residential communities. In addition the Communities will have to endure at the same time the traffic generated by the Monastery that will continue to operate as status quo just in smaller quarters, and the traffic generated by new residents as the homes get built and occupied. Monastery is not leaving: The Monastery will continue to operate and generate the same amount of traffic allotted to the CF site originally. In addition, the proposed 31 homes according to the P & Z report will each generate approximately 10 trips a day, this would be an increase in traffic of 310 trips per day. The new traffic generated by this community will greatly increase the traffic along Lakeview Blvd since the main entrance/exit will be on Lakeview Blvd. Where currently no entrance/exit exists to the property. Monastery Commentary 2 Proposed Development · The development proposed is not a new or separate enclave, gated community or separate development. · The site-plan submitted proposes an extension of our community by exiting/entering directly onto Lakeview Boulevard. · Lakeview Blvd is not a main artery. It is a straightaway that ends in a cul-de-sac, with turns that allow it to become a loop road feeding into Lakeview Drive. Absolutely all traffic exiting the community must eventually exit onto Sherwood Blvd. · The enclosed graphic(s) annotated aerial photos are provided to show the minimal existing R-1-AA zoning and the appropriate amount and location of R-1-AA zoning which is consistent with the original zoning prior to the Golf course being rezoned "Open Space" within the last decade. They also illustrate the existing and proposed isolated roadways. o Lakeview Estates is shown to clarify that this dense area has access directly onto Dover Road, which in turn feeds directly onto Linton Blvd - a divided arterial 6-lane roadway, and not through a Community. · The Monastery will continue to operate, just in smaller quarters. The traffic associated with the monastery will not change. Every home within the 500 foot Planning & Zoning notification area is zoned R-1-AAA-B. · Every home along Sherwood & Lakeview Blvd's is zoned R-1-AAA-B. · Approximately 50% of the homes in Sherwood Park enjoy a lot size that is greater than the 12,500 sq. ft. required with R-1-AAA-B zoning. · Throughout the city, most R-1-AA zoning districts discharge to collector or arterial roadways, not through lesser density districts. As a general planning rule, traffic should flow from less dense, i. e, R-1-AAAB, through progressively more dense R-1-AA then R-1- A, not the reverse. Although this anomaly currently exists in Lakeview, good planning & zoning practices should not repeat the same mistakes. · We are one of two communities in Delray that are zoned R-1-AAA-B. This zoning designation should be protected. It also protects open spaces and is in conjunction with preserving our Community, an objective put forth by the City Master Plan to conserve our Communities. In conclusion we respectfully request that the Commission deny the Developers inappropriate request to change the CF zoning to R-1-AA. While it might be appropriate to re-zone a portion to R-1-AA, the majority should be R-1-AAAB. This is especially important along the proposed Lakeview Blvd., extension and the east side of the development that would face homes on the golf course already zoned R-1-AAAB, in order to maintain the integrity and character of Lakeview and Sherwood Park existing communities. By doing this the existing residents would have similar zoning adjacent to them and new residents would know what they are buying into. Monastery Commentary 3 {il! \i:PiI :!! HWH 'Il ." .ql 1'\ IHdl1 ., . ~ I ~ d : \i : ;;1~: . '\ ";,., r :mj'~ ;~]l'} -ili!. ; IJ' 1 I- "'1 H !fl!lj ,I (. i'j l "t' "J '.. , ~ ~ ~. ! i ~ ; ~ ~ r CD (Q CD :::J a. r- m @ < ~. OJ < a. I :::s S. m 3 m. :::s - ::T a c: co ::T Dr CD r CD CO CD :J a. i{ii[ HI 'jlH .H ~ i I., ," 1 f J' ~1! ~i 1',ri l~ IH , . l' l~ll.' fl l:l'Of I II f~! , ~]IP iq~d II iqA "' i~I'I1 I" .J . j ~ l ,. Ul~~' ;{ IEJ'tj ~;! 'q ~ < '. . I r- III @ :S. ~ OJ <' c. I ::s a III 3 III S' :7 (3 c (Q ~ ; '. .. Page 1 of1 Nubin, Chevelle From: Valek, Denise Sent: Tuesday, November 21,2006 1 :44 PM To: Nubin, Chevelle Subject: FW: Christ the King Importance: High Attachments: diocese of palm beac.pdf Chevelle, I just received the attached. Mark has a copy as well. You might want to give a copy of this to the Commissioners prior to the meeting tonight. 'Z)~ /I. 1taLd Executive Assistant Planning & Zoning Department City of De/ray Beach 100 NW 1st Avenue De/ray Beach. FL 33444 Phone: 561-243-7041 Fax: 561-243-7221 va/ek@ci.de/ray-beach.fI.us From: Vanessa [mailto:Vanessa@zonelaw.com] Sent: Tuesday, November 21,2006 1:25 PM To: Valek, Denise Subject: Christ the King Dear Denise: Please forward the attached response from the Diocese of Palm Beach re: Christ the King Monastery to Paul Dorling. Thanks. For Michael S. Weiner Vanessa Foutz, Legal Assistant Weiner & Aronson, P .A. 102 N. Swinton Avenue Delray Beach, Florida 33444 vfoutz@zonelaw.com Telephone 561-265-2666 ext 311 Fax: 561-272-6831 *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** ~~~~ -~ \~,\\ 11/21/2006 p.c 9995 llorth ~1D1t.Ilr; TroiJ D.o. !:lox lo::l&Xl Dakn &:lICh CerdCllll. rloric.iB 33410-%:() Tc:)",f'l1OlIe ('j(;l) 7']';.9'j()() Pa.st.orn1 Center fEIX (561) TI5-9n6 Diocese of Palm Beach November 20, 2006 VIA FAX Michael S. Weiner, Esq. Weiner & Aronson P.A. 102 North Swinton Avenue Delray Beach, FL 33444 Re: Christ the Kine: Monastcnr Dear Mr. Weiner: Your client. Mr. Ray Guidice, has inquired as to any decision oftbe Diocese of Palm Beach regarding the possibility of an easement for a road through our property at Emmanuel Parish. I am also in receipt of a written request from Jess M. Sowards dated October 20 regarding same. Be advised that as owner of the property, the Most Reverend Gerald M. Barbarito, Bishop of the Diocese of Palm Beach. a corporation sole, will not consider such an easement proposal or any other action which would diminish or negatively impact the peaceful use of the property at Emmanuel Parish. Reverend Timothy Sockol, the new Pastor at Emmanuel, is in complete agreement with this position. I trust the above is clear and encourage you to contact me directly with any related questions Dr comments. Sincerely, 'f-'-..." - --'? r' I L-J~. tt o(? Denis A. Hamel, CPA Chief Financial Officer (561) 775-9518 dhamel@dioceseob.org C: Very Reverend Charles E. Notabartolo, Vicar General. Reverend Timothy SockoJ Mr. Daniel P. Lewis TO: THRU: FROM: SUBJECT: DAV~~H~' MANAGER PA';t;& _I'!:!N~ . ;RECTOR OF PLANNING AND ZONING ESTE IOB~ lOR PLANNER MEETING OF NOVEMBER 21,2006 PRIVATELY INITIATED REZONING FROM I (INDUSTRIAL) TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) FOR AN 8.8 ACRES PROPERTY LOCATED ALONG DEPOT ROAD. NORTH OF THE OLD TRAIN STATION, BETWEEN THE CSX RAILROAD AND 1-95. The subject property includes Tract 1 and Tract 2 and Lots #1 through #5 of the Model Land Company subdivision and contains 8.8 acres. The property has never been developed and is currently vacant. With the Citywide Rezoning of October 1990, the subject property was rezoned from MI (Medium Industrial) to I (Industrial). Applications have been submitted for a FLUM amendment from IND (Industrial) to CMR (Commerce) and a rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial). These applications have been submitted with the purpose of establishing a project that will consist of 52,284 square feet of office area, 49,600 square feet of warehouse, and 300 multifamily/rental apartments units with 25% of the units being Workforce Housing. While residential development is not currently allowed within the Industrial Zoning District or the proposed Mixed Industrial and Commercial (MIC) zoning district, the applicant has requested that the residential component be allowed via the creation of a new overlay district on this site. Following approval of the 2006-1 Comprehensive Plan Amendment an LDR text amendment to allow the residential component will have to be processed. The Future Land Use Map amendment for the subject property was transmitted to DCA (Department of Community Affairs) as part of Comprehensive Plan Amendment 2006-1. Comprehensive Plan 2006-1 will be before the City Commission in December or January depending on whether the City receives an Objective, Recommendations and Comments (ORC) report. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 17, 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 6 to 0 to recommend that the request be approved. The request was approved based upon positive findings with respect to LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions ). By motion, approve on first reading the ordinance for rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for the subject property located along Depot Road, north of the Old Train Station, between the CSX Railroad and 1-95, based upon the findings of fact and law contained in the staff report, and finding that the request is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan and does meet the criteria set forth in LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions). Attachments: · P & Z Staff Report of July 17, 2006 and Proposed Ordinance IZ.B ORDINANCE NO. 71-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED I (INDUSTRIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED NORTH OF THE OLD TRAIN STATION, BETWEEN THE CSX RAILROAD AND 1-95, AS MORE P ARTICULARL Y 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 Del ray Beach, Florida, dated March 2006, as being zoned I (Industrial) District; and WHEREAS, at its meeting of July 17, 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 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes l63.3l74(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies ofthe Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and Commercial) District for the following described property: A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: That part of the East 'l4, of the Northeast 'l4, of the Northeast 'l4, and that part of the West 12 of the Northeast 'l4 of the Northeast 'l4 of the Northeast 'l4 of Section 18, Township 46 South, Range 43 E, lying East of the right-of-way of the S.A.L. Railroad and West of the right-of-way of the relocated NW 2nd Avenue, as recorded in Official Records Book 2221, Page 1868, and in Official Record Book 2228, Page 1650, both of the Public Records of Palm Beach County, Florida; less the rights of way as shown in Plat Book 6 Page 51, of the Public Records of Palm Beach County, Florida and less the South 15 feet of the East 'l4 of the Northeast 'l4 of the Northeast 'l4 of Section 18; said lands situated, lying and being in Palm Beach County, Florida, less the E-4 Canal right-of-way, and less the Southerly 227.13 feet. Also less Parcel 111 and Parcel 112, order of taking, as recorded in Official Record Book 13672, Page 0640 (05/03/2002) Tri County Commuter Rail Corridor Improvement Program Said Property being more particularly described as follows: Commencing at the Northeast comer of said Section 18, thence with a bearing of North 890 09' 21" West, along the North line of Section 18, a distance of 251.13 feet, to a point on the East right-of- way line of the C.S.X. Railroad; thence with a bearing along the East right-of-way line of the C.S.X. Railroad with a bearing of South 140 51' 25" West, a distance of 143.88 feet to the point on the South right-of-way line of the Lake Worth Drainage District, Equalizing Canal No E-4, and the point of beginning of the property to be described; thence with a curve to the left along the South right-of-way line of the E-4 Canal, having a radius of 600.00 feet a central angle of 11 0 49' 01" and an arc length of 123.75 feet, a chord bearing on North 830 53' 28" East to a point on the West right- of-way line of the relocated NW 2nd Avenue; thence with a curve to the left, having a chord bearing of South 100 17' 59" West, a radius of215.00 feet, a central angle of280 49' 12", and an arc length of 108.15 feet, to a point; thence continue along the West right-of-way line of NW 2nd Avenue with a bearing of South 040 06' 37" East, a distance of 894.55 feet to a point; thence with a bearing of North 890 02' 01" West a distance of 133.48 feet; thence with a bearing of North 000 30' 49" West, a distance of 423.33 feet; thence North 890 02' 36" West, a distance of 176.94 feet to a point on the East right-of-way line of the C.S.X Railroad; thence with a curve to the right having a chord bearing, of North 070 10' 05" East, a radius of2815.00 feet, a central angle of 000 28' 58", and an arc length of 23.72 feet to a point: thence with a bearing of South 880 46' 39" East, a distance of 2.13 feet to a point; thence with a bearing of North 140 51' 25" East, along the East right-of-way line of the C.S.X Railroad, a distance of 550.91 feet, more or less to the point of beginning. 2 ORD NO. 71-06 Together With Tract 1 and Tract 2 Being a parcel of land in the E y,. of the NE y,. of the NE y,. of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, also being a portion of the parcel described in Warranty Deed from Southeast Investments of Palm Beach County, Inc. to 1M Houston and Lilian Houston his wife, dated July 11, 1980, lying East of a line parallel with and 264.00 feet West of as measured at right angles to the East line of Section 18, said parcel from Southeast Investments to Houston being recorded in Official Record Book 3327, Page 813, Palm Beach County records and being described as follows: Commencing at the intersection of the South line of the NE y,. ofthe NE y,. of Section 18, Township 46 South, Range 43 East with the West line of the E y,. of the NE y,. of the NE y,. of Section 18; thence run North 000 31' 21 " West 15.00 feet along said West line of the E y,. of the NE y,. of the NE y,. of said Section 18, to the point of beginning thence continue North 000 31' 21 " West along said West line 227. 13 feet to a point; thence run South 890 02' 01" East, 208.98 feet to a point on the West right-of-way line on NW 2nd Avenue; thence run South 040 06' 37" East, 87.96 feet along said West right-of-way line to a point; thence run South 310 28' 31" West, 161.19 feet to a point; thence run 890 17' II" West 129.03 feet along a line 15.00 feet North of and parallel with the aforesaid South line of the N1I4 of the NE y,. of the NE y,. of Section 18 to the point of beginning. Said property being more particularly described as follows: Commencing at the Northeast comer of said Section 18, thence with a bearing of North 890 09' 21" West, along the North line of Section 18, a distance of 251.13 feet, to a point on the East right-of- way line to the C.S.X Railroad; thence with a bearing along the East right-of-way line of the C.S.x. Railroad with a bearing of South 140 51' 25" West, a distance of 694.78 feet thence N 880 46' 39" W a distance of 2.13 feet to a point, on the C.S.x. East right-of-way; thence with a chord bearing of South 070 10' 05" West, having a radius of 2815.00 feet a central angle of 000 29' 58", and arc length of 23.72 feet to the point of beginning, thence with a bearing of South 890 02' 36" East, a distance of 176.94 feet; thence South 000 30' 49" East, a distance of 423.33 feet; thence with a bearing of South 890 02' 01" East, a distance of 133.48 feet, to a point on the west right-of-way line ofNW 2nd Avenue; thence with a bearing of South 040 06' 37" East, a distance of 87.96 feet to a point; thence with a bearing of South 310 28' 31" West, a distance of 160.85 feet to a point on the North right-of way ofNW 2nd Avenue, thence with a bearing of North 890 33' 44" West, along the North right-of-way line ofNW 2nd Avenue, said line lying 40.00 feet North of the North line of the Plat, Mack Industries-Delray, recorded in Plat Book 43, Page 138 of the Public Records of Palm Beach County, Florida, a distance of 254.25 feet to a point on the East right-of-way line of 288.96 feet to a point; thence with a curve to the right having a radius of 2815.00 feet, a central angle of 070 23' 44" and an arc length of363.35 feet more or less to the point of beginning. 3 ORD NO. 71-06 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 the effective date of Ordinance No 38-06, under which official land use designation of CMR (Commerce) is affixed to the subject parcel hereinabove described. 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 4 ORD NO. 71-06 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- July 17, 2006 IV.B.2.e. Future Land Use Map (FLUM) Amendment from Industrial (IND) to CMR (Commerce) and Rezoning from Industrial (I) to MIC (Mixed Industrial and Commercial) for a 8.8 acre parcel located along Depot Road north of the Old Train Station, between the CSX Railway and 1-95. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant......................... Depot Industrial Center, LLC. Agent.......................................... Charles Putman Location...................................... Along Depot Avenue east of the CSX Railroad Track, west of 1-95, and to the north of the Old Train Station. Property Size.................... .......... 8.8 Acres Existing Future Land Use Map Designation ............................... Industrial (IND) Proposed City Future Land Use Map Designation......................... CMR (Commerce) Existing City Zoning.................... Industrial (I) Proposed City Zoning................. MIC (Mixed Industrial and Commercial) Adjacent Zoning................North: MIC (Mixed Industrial and Commercial) East: 1-95 Right-of-Way South: MIC (Mixed Industrial and Commercial) West: MIC (Mixed Industrial and Commercial) Existing Land Use...................... Undeveloped Proposed Land Use.................... Mixed-use - Office, Warehouse and Residential (if text amendment is approved) Water Service............................. Water service is provided to the site via an 6" water main, which is located along the south side of the property on Depot Avenue. Sewer Service............................. Sewer service is provided via a septic tank system. There are no sewer mains located adjacent to the property. Extensions to the site along Depot Road will be required with development of the property. NOLAND < en en w 0:: C) Z o o i!' !!! 3Ii Z MARTY FLAIlELL ORlVE ROYAL COMM. PARK OF DELRA Y ~ ~ ~ I .' IV.B.2.e. The action before the Board is that of making a recommendation to the City Commission on a privately initiated Future Land Use Map (FLUM) Amendment from INO (Industrial) to CMR (Commerce) and rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial), for a 8.8 acre property located along Depot Road, north of the Old Train Station, between the CSX Railroad and 1-95. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and rezoning of any property within the City. The subject property includes Tract 1 and Tract 2 and Lots #1 through #5 of the Model Land Company subdivision and contains 8.8 acres. The property has never been developed and is currently vacant. With the Citywide Rezoning of October 1990, the subject property was rezoned from MI (Medium Industrial) to I (Industrial). Applications have been submitted for a FLUM amendment from IND (Industrial) to CMR (Commerce) and a rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial). These applications have been submitted with the purpose of establishing a project that will consist of 52,284 square feet of office area, 49,600 square feet of warehouse, and 300 multifamily/rental apartments units with 25% of the units being Workforce Housing. This mixed-use project would be allowed under the proposed MIC zoning (except for the 300 multifamily residential component), but not under the current I (Industrial) zoning. While residential development is not currently allowed within the existing I or the proposed MIC zoning district, the applicant is also requesting that the residential component be allowed via the creation of a new overlay district on this site. It is noted,however, that the applicant wishes to proceed with the FLUM Amendment and Rezoning regardless, of whether or not the text amendment to allow the residential component is approved. The Future Land Use Map amendment for the subject property is included as part of Comprehensive Plan Amendment 2006-1. 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. Planning and Zoning Board S."ff' Report: July 17, 2006 Delray Depot - FLUM Amen, ..mt and Rezoning Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. The applicant proposes to develop a mixed-use project at this location, which includes a residential component. Residential uses are neither a permitted nor a conditional use in the MIC zoning district. This application is accompanied by a Comprehensive Plan text amendment which would create a Workforce Housing Overlay District over this property and the adjacent property to the south. Staff does not support the creation of this overlay district. If this text amendment is not approved, the uses as proposed will not be consistent. However, as stated earlier, the applicant wishes to proceed with the FLUMAmendment and Rezoning regardless of whether or not the text amendment to allow the residential component is approved. Therefore, for the purpose of this report, the applicant's proposed text amendment to allow residential uses will be considered a separate issue. Since the proposed MIC (Mixed Industrial and Commercial) zoning district is consistent with the proposed CMR (Commerce) FLUM designation, positive findings can be made with respect to consistency. The remaining required findings of LDR Section 3.1.1 (Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations) are discussed below. The following Comprehensive Plan Policy applies to Future Land Use Map Amendments: Future Land Use Element Policy A-1.7: Amendments to the Future land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: o Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FlUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. When the Comprehensive Plan was originally adopted in 1989, it was determined that the CMR (Commerce) designation was the most needed land use designation in the City. Future Land Use Element Policy A-1.3 - The Commerce land use designation, which involves a mix of light industrial, commercial uses and research and development, is the most needed land use during the City's final stage of build-out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged. Based on its location between 1-95 and the CSX railroad, the subject property was designated IND (Industrial) and zoned I (Industrial).. However, the property has not been developed under the current designation and the applicant would like the additional flexibility that MIC zoning affords. The primary difference between the I and the MIC zoning districts is the addition of Planning and Zoning Board St<\ff Report: July 17, 2006 Delray Depot - FLUM Amen ~nt and Rezoning Page 3 offices and retail trade as principal uses within the MIC district. The applicant proposes to establish a project that will include 52,284 square feet of office area, 49,600 square feet of warehouse, and 250-300 multifamily/rental apartments units on the subject property. As stated earlier, a text amendment to the Comprehensive Plan to allow residential development at this location has also been submitted. However, even if this text amendment is not approved, the applicant still desires to change the FLUM designation of the property and rezone it to MIC. Based on the need for the Commerce land use designation as stated in Future Land Use Policy A-1.3, positive findings with respect to Future Land Use Element Policy A-1.7 can be made. o Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the above policy as well as with the following Comprehensive Plan Policy: Future Land Use Element Policy A-2.3 - development of remaining vacant properties shall occur in a manner which is consistent with and complimentary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. As previously stated, the owner of the property proposes to establish a project that will consists of 52,284 square feet of office area, 49,600 square feet of warehouse, and 250-300 multifamilylrental apartments units on the subject property. Properties to the north, south and west of the subject property are zoned MIC (Mixed Industrial and Commercial) and property to the east, adjacent to the 1-95 right-of-way, is zoned OS (Open Space). With the exception of the housing component, the proposed development is consistent with and complimentary to the prevalent development pattern in the area, and thus, meets the requirements of the Future Land Use Element Policy A-2.3 of the Comprehensive Plan. The proposed housing is not currently allowed in the proposed FLUM designation and will be considered separately. o Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves a FLUM amendment on a 8.8 acre parcel from I (Industrial) to CMR (Commerce). Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Drainage, Water and Sewer and Traffic are discussed below: Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts projects may have on City recreational facilities. Since residential development is not currently permitted at this location, there are no impacts to parks and recreation. However, if the proposed text amendment is approved and the applicant is able to construct housing units on the property, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit for parks and recreation purposes. Schools: A finding of School Concurrency will be required from the School District of Palm Beach County if residential development is ultimately approved on this site. No concerns are noted at this time. Planning and Zoning Board St1;lff Report: July 17, 2006 Delray Depot - FLUM Amen .mt and Rezoning Page 4 Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Drainaae: Any development of the site will be required to retain drainage on-site in compliance with South Florida Water Management District (SFWMD) requirements. There are no problems anticipated complying with SFWMD requirements. Traffic: A traffic study has been submitted that indicates that the proposed development (with the residential component) will generate 2,840 daily trips, 265 trips in the A.M. peak hour and 297 trips in the P.M. peak hour. A letter from the Palm Beach County Traffic Division indicating that the proposed project meets concurrency with the Palm Beach County Traffic Performance Standards Ordinance will be required. Development of the site without the residential component may result in additional traffic. It is noted, however, that the maximum development potential within the CMR (Commerce) FLUM designation and MIC zoning district is similar to that within the IND (Industrial) FLUM designation and the PCC (Planned Commerce Center) zoning district. With the exception of a higher potential for retail development in the MIC district, the same land uses are permitted within the two zoning districts. The City has requested a revised traffic study based upon the maximum development potential within the proposed FLUM designation. This information will be provided to DCA upon receipt. Upon submittal of a site plan for development of the property, a traffic study will be required and traffic concurrency must be met. Water and Sewer: Water service is provided to the site via an 6" water main, which is located along the south side of the property on Depot Road. Sewer service is provided via a septic tank system. The drainage field is located along the south side of the property. Adequate fire suppression is provided to the site via an existing fire hydrant along the southeast side of the property. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population, based upon the current FLUM. Pursuant to the Public Facilities Element Policy A-1.1, existing septic tanks located in sewered areas throughout the City shall be removed from use as necessary pursuant to Florida Statutes. Since there are no sewer mains located adjacent to the property, these lines must be extended to serve the property when development occurs. o Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded on the north, south and west by MIC zoned property and/or existing industrial uses. The property to the east, adjacent to the 1-95 right-of-way, is zoned OS (Open Space). Since the subject property is proposed to also be zoned MIC, there are no compatibility issues with respect to the uses currently permitted within the zoning district. However, there is a concern with respect to the applicant's proposal to include 250-300 residential units within the project. Staff does not support the proposed text amendment, since residential development on the subject property will present noise concerns due to the close proximity of the site to 1-95 and Planning and Zoning Board St~ff Report: July 17, 2006 Delray Depot - FLUM Amen 3nt and Rezoning Page 5 the CSX railroad as well as compatibility issues regarding the surrounding Mixed Industrial and Commercial development pattern. o Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Although a site plan for the property has not been submitted, any future redevelopment of the subject property will have to occur in accordance with the City's Land Development Regulations. Based on the above, a positive finding with respect to compliance with the Land Development Regulations can be made. Future Land Use Map Consistency, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings is discussed below. CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5{D) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Zonina Desionation: Use: North MIC Vacant South MIC Industrial East OS and 1-95 Right-of-Way Open Space West MIC Industrial The proposed MIC zoning designation of the property is consistent with the prevalent development pattern of the surrounding properties. As stated earlier, staff does not support the test amendment to allow residential development in this location. LDR Section 2.4.5{D) (5): Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; Planning and Zoning Board S."'ff Report: July 17. 2006 Delray Depot - FLUM Amen, mt and Rezoning Page 6 (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant submitted a justification statement which states: "The Industrial zoning category currently applicable to the property is primarily designed to promote heavier industrial and industrial related uses. The MIC zoning also allows many of those industrial uses but further provides the flexibility to do a mixed use project containing not only industrial but retail, office, service and other similar uses as well. Thus, an MIC designation on the subject site will not preclude heavier industrial development but will allow a wider range of uses to be developed than is allowed under the current zoning". The proposed amendment to Commerce (CMR) Land Use Map designation and Mixed Industrial and Commercial (MIC) zoning are deemed compatible with the existing land use designations and the adjacent development pattern. The requested MIC zoning designation for the subject property is the same as that for adjacent properties. The use of the property for industrial, retail, and office purposes appears is consistent and compatible with the surrounding land uses. Therefore, a finding with respect to LDR Section 2.4.5(D)(5) can be made that the rezoning fulfills subsection "c". The property is not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesv Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Neighborhood Advisory Council o Progressive Residents of Delray (P.R.O.D.) o Jerry Franciosa o Carolyn Zimmerman Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed amendment will change the FLUM designation of the property from an Industrial classification to a Commerce designation that will afford additional flexibility in development of the property. In addition to industrial uses allowed under the I (Industrial) zoning district, the MIC Planning and Zoning Board St"lff Report: July 17, 2006 Delray Depot - FLUM Amen 3nt and Rezoning Page 7 (Mixed Industrial and Commercial) zoning district allows office and retail development. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment and Rezoning can be recommended for approval based on the findings outlined in this. report. Although the applicant has submitted a text amendment to also allow residential development on the property, staff does not support the request due to compatibility issues. A. Continue with direction; B. Recommend to the City Commission approval of the FLUM Amendment and Rezoning 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 Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning' Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan; or C. Recommend denial of the FLUM Amendment and Rezoning by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(0)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the Comprehensive Plan. Move a recommendation of approval to the City Commission of the privately sponsored FLUM Amendment from IND (Industrial) to CMR (Commerce) and rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for the subject property located along Depot Road; north of the Old Train Station, between the CSX Railroad and 1-95, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. Staff Report Prepared by: Estelio Breto, Senior Planner Attachments: . 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NO ST. v " I REZONING DEPOT ROAD PROPERTY ~ < N.W. iE I .... , " ,~ , L:TEWAY pill PARK~ I~ < MAP REf: LM950B - - I-- f- I-- - - - - - .- ~f-- z r- f-- f-- f-- ~ .., ;i en ~ TO: THRU: DIRECTOR OF PLANNING AND ZONING FROM: OR PLANNER SUBJECT: MEETING OF NOVEMBER 21, 2006 CITY INITIATED REZONING FROM COUNTY AR (AGRICULTURAL RESIDENTIAL) TO CITY RM-8 (RESIDENTIAL MEDIUM DENSITY 5-8 DUlAC) FOR A 3.18 ACRES PARCEL LOCATED ON THE SOUTH SIDE 133RD ROAD "S", 640' WEST OF BARWICK ROAD APPROXIMATELY 1,400' NORTH OF LAKE IDA ROAD. The subject property is a City owned parcel containing 3.18 acres of land located along the south side of 133rd Road S. The property is bound on the south by the LWDD L-31 Canal and the Country Manors Condominium development. To the north is the 25' right-of-way of 133rd Road "S" dedicated by the Bexley Park planned residential development, and Barwick Ranch Subdivisions. The access to this parcel is via 133rd Road S from Barwick Road to the east. The subject property is under the jurisdiction of Palm Beach County but in a designated annexation area for the City of Delray Beach. The property is located in the City's Planning Area, known as Annexation Area liE" (the North Military Trail Area), as referenced in the Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory land use designation of LD (Low Density Residential 0-5 du/ac) that allows for residential development with a density between zero and five units per acre. A land use amendment is being processed as part of 2006- 1 to apply a Medium Density Residential (MD) land use designation. This related land use change should be reviewed by the City Commission on December 5, 2006 or January 16, 2007 (depending on whether an Objective, Recommendations and Comments (ORC) report is issued). Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 17, 2006, the Planning and Zoning Board held a public hearing involving this parcel along with the adjacent parcels. It is noted the current proposal involves only the City owned parcel at this time. There was public testimony from several residents that live in close proximity to the subject property. Residents concerns evolved around the increase in property taxes and property value, future use of 133rd Road "S", traffic increase, and potential for zero lot line townhouse developments. After reviewing the staff report and discussing the proposal, the Board voted 6 to 1 to recommend that the request be approved. The request was approved based upon positive findings with respect to LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other properties within the City. By motion, approve on first reading the ordinance for rezoning from County AR (Agricultural Residential) to City RM-8 (Residential Medium Density, 5-8 du/ac)), based upon the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: · P & Z Staff Report of July 17, 2006 and Proposed Ordinance lZ,c' ORDINANCE NO. 70-06 AN ORDINANCE OF THE CITY COMMISSION OF J;HE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF 133RD ROAD, 640 FEET WEST OF BARWICK ROAD, AND APPROXIMATELY 1,400 FEET NORTH OF LAKE IDA ROAD, AS THE SAME IS MORE PARTICULARLY DESCRffiED HEREIN, WHICH LAND IS CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS PER ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the City of De1ray Beach is the fee simple owner of a 3.18 acre parcel of land located on the south side of 133rd Road, 640 feet west of Barwick Road, and approximately 1,400 feet north of Lake Ida Road; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits ofthe City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS pursuant to LDR Section 2.2.2(E)(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 17, 2006, and voted 6 to 1 to recommend that the annexation be approved with an initial zoning of RM-8 (Medium Density Residential -8 units per acre) District, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The East 221.59 feet of the Southwest ~ of the Southeast ~ of the Northwest ~ of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the South 40 feet thereof for Lake Worth Drainage District right-of-way. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Del ray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District RM-8 (Medium Density Residential -8 units per acre) as defined be existing ordinances ofthe City of Delray Beach. 2 ORD. No 70-06 Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 9. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning immediately upon the effective date of Ordinance 38-06, under which official land use designation of MD (Medium Density ResidentialS-12 du/ac) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the _day of ,20_. MAYOR ATTEST: City Clerk First Reading Second Reading 3 ORD. No 70-06 PLANNI~G AND ZONINlJ BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- JuJ~ 17, 2006 IV.B. A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west Barwick Road; and a City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) in part and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see table below). MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant........................ . Agent... ............... ........................ Location.... .................................. Property Size........................ ...... Existing County Future Land Use Map Designation ........................ City of Delray Beach. City of Delray Beach. approximately 1,400' north of Lake Ida Road and to the west of Barwick Road. 12.97 Acres, (3.18 voluntary annexation and 9.79 via interlocal agreement). MR-5 (Medium Residential 0-5 du/ac) Proposed City Future Land Use Map Designation........................ . Existing County Zoning............... Proposed City Zoning................. Adjacent Zoning................North: East: South: West: Existing Land Use...................... Proposed Land Use.................... Water Service...... ....................... Sewer Service............................. LD in part, and MD in part. AR (Agricultural Residential) R-1-AAA in part, and RM-8 in part City PRO (Planned Plan Residential Development) PRO (Planned Residential Development), Sabal Lakes Multiple Family Residential - Medium Density (RM) Open Space and Recreational (OSR), Bexley Park Two single family homes / one single family home with landscape nursery and vacant. Existing uses/ no development plans for vacant parcels. Water service is available for single family homes along Barwick Road; extensions required to provide service to other parcels Sewer service is available for single family homes along Barwick Road; extensions required to provide service to other parcels. LAKE IDA ROAD .orrrrm ~ CT. !Ii ~r I I I I I I I 1'" IV.B. The action before the Board is that of making a recommendation to the City Commission on the following items: · A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west Barwick Road approximately 1,400' north of Lake Ida Road (see table below, PCN 42-46-12-00-000-3200). · A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see table below). 3.18 3.18 Enclave 1 Parcel 2 424612000003202 3.03 RM~ Enclave 2 .. , .... Parcel 3 424612000003024 5.00 RM~ Parcel 4 424612000003141 0.88 R-1-AAA parcel 5 424612000003190 0.88 R-1-AAA Sub-Total 9,79 Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the t'oear'Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. The subject property consists of a City owned parcel measuring 3.18 acres of land which is located along the south side of 133rd Road S, and 9.79 acres of land making up two enclaves which contains 4 parcels. The first enclave contains 3.03 acres located west of the City owned parcel and the second enclave contains two parcels measuring 1.76 acres and located on the west side of Barwick road; the other parcel measures 5.0 acres and is immediately to west of these parcels on the south side of 133rd Road S (see attached map). Planning and Zoning Board Mer of 07/17/06: Staff Report Bexley Park - Annexation, FLUM .....nendment, and Rezoning Page 2 Parcel 1 (City Owned) Sub-Total Enclave 1 Parcel 2 Enclave 2 Parcel 3 Parcel 4 parcel 5 424612000003202 1 424612000003024 424612000003141 424612000003190 1 1 1 4 5.00 0.88 0.88 9.79 2 1 1 3 Sub-Total The property is bound to the south by the LWDD L-31 Canal and the Country Manors Condominium development. To the west is a public park Bexley Park and to the east is Barwick Road and Sabal Lakes Residential Development; and to the north is the 25' right-of- way of 133rd Road S, the Bexley Park planned residential development, and Barwick Ranch Subdivision. The access to these parcels is currently via 133rd Road S and from Barwick Road itself. The subject property is under the jurisdiction of Palm Beach County but in a designated annexation area for the City of Delray Beach. The property is located in the City's Planning Area, known as Annexation Area "E" (the North Military Trail Area), as noted in the Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The City has an advisory land use designation of LD (Low Density Residential 0-5 du/ac) that allows for residential development with a density between zero and five units per acre. An application is now before the Board regarding a combined City initiated voluntary annexation and annexation via interlocal agreement of the subject properties. Current Land Use Desianation: The current land use map designation for the property is County MR-5 (Medium Residential 0-5 du/ac). The current City "advisory" designation is LD (Low Density Residential 0-5 du/ac). Reauested Land Use DesiQnation: The requested Future Land Use Designation is to City MD (Medium Density 5-12 du/ac) in part and LD (Low Density Residential 0-5 du/ac). CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Desianated Annexation Area: The property to be annexed is located within designated Annexation Area "E" on the east side of Military Trail north of Lake Ida Road. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise; and to address the annexation of improved property which lacks adequate sewer and water facilities through the Palm Beach County Annexation Incentive Program. Excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property and is under 10 acres and therefore are eligible for annexation via an interlocal agreement pursuant to F .S. 171.046. Planning and Zoning Board Me' 1 of 07/17/06: Staff Report Bexley Park - Annexation, FLU~. _nendment, and Rezoning Page 3 Land Use Analysis: Consistency Between the City and County Land Use Desianations: The proposed City Land Use Map Designation for the property is MD (Medium Density 5-12 du/ac) in part, and LD (Low Density 0-5 du/ac) in part. The existing County Future Land Use Map Designation for the property is MR-5 (Medium Residential - 5 du/ac). The City's LD Land Use Map Designation is consistent with the County's MR-5 designation in that Low Density Residential is similar. The designation on a portion of property is now proposed to be medium density allowing slightly higher densities. These are to be limited to 8 units per acre via the zoning designation of RM-8. While slightly higher this density continue to be compatible with the residential development to north, east, and south. The City's FLUM designation as initially contained on the City's Future Land Use Map adopted by Ordinance 82-89 in November 1989, are deemed to be advisory until an official Future Land Use Map Amendment is processed. Adiacent Land Use Map DesiQnations, ZoninQ Desianations and Land Uses: The following zoning designations and uses abut the subject property: Zoning Designation Use North: Plan Residential Development (PRD) and Bexley Park Subdivision and Barwick Single Family Residential (R-1-AA) Ranch Subdivision South: Multiple Family Residential- Medium Country Manors Subdivision and Densitv (RM) Canal L-31 East: Plan Residential Development (PRD) Saba I Lakes Residential Developoment West: Open Space and Recreational (OSR) Bexley Park Allowable Land Uses: Under the proposed Medium Density Residential 5-12 du/ac (MD) in part, and Low Density Residential 0-5 du/ac (LD) in part Land Use Map designation, residential zoning districts which accommodate single family units (R-1 thru R-1-AAA) and multiple family units (RM) are allowed. With the proposed zoning designation of R-1-AAA and RM-8 (limiting density maximum to 8 units per acre) residential development compatible with the surrounding residential patterns can be anticipated. REQUIRED FINDINGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to Planning and Zoning Board Me' 1 of 07/17/06: Staff Report Bexley Park - Annexation, FLU III. _ ~nendment, and Rezoning Page 4 the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. o Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Multiple Family Residential - Medium Density RM-8 and Single Family Residential (R-1-AAA) zoning districts are consistent with the proposed MD (Medium Density Residential 5-12 du/ac) and LD (Low Density Residential 0-5 du/ac) FLUM designation. Multiple Family Residential developments are allowed in the RM-8 zoning district as a permitted use at a maximum density of eight (8) units per acre. Single-family unit developments are allowed in the R-1-MA zoning district as a permitted use at a base rate of zero to five (5) units per acre. Based on the above, positive findings can be made with respect to FLUM consistency. o Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The proposal involves amending the FLUM designation from County MR-5 to City MD (Medium Density Residential) in part, and LD (Low Density Residential) in part for the subject property. Concurrency findings with respect to Parks and Recreation, Police, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: The City provides 127 acres of activity based recreation facilities such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247 acres are considered resource based activities such as beaches and lakes for swimming, boating, picnicking, hiking, and other activities excluding golf courses. Within recreation areas, amenities and facilities are provided to meet the demand for leisure opportunities for all segments of the community. The City of Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per 1,000 people while the current national ratio is 3 acres of park and recreational facilities per 1,000 people. This indicates that the City will have sufficient recreation facilities to accommodate any additional increase in the number of residents anticipated from future development of the subject property. Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress, which serves the South County area. The subject property lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach City limit on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be obtained from "Cover Cars" which patrol throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Planning and Zoning Board Mee' of 07/17/06: Staff Report Bexley Park - Annexation, FLUflI. lendment, and Rezoning Page 5 Annexation will not require additional manpower as the City patrols the area currently in the city to the north, south, east, and west. Fire and Emeroencv Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station NO.4 at Barwick and Lake Ida Roads). Water: Municipal water service is available via connection to a 12" water main located along 133rd Roas Sand Barcwick Road. With future development of the vacant property extensions will be required. Sewer: Sewer service is available adjacent to the site via an existing 6" force main along the south side of 133rd Road S. Sewage mains and a new lift station have been constructed as part of the infrastructure improvements of "the Bexley Park" subdivision. Sewer service exist for single family homes along Barwick Road. With future development new connections and main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The subject property can be accessed via 133rd Road S and from Barwick Road. 133rd Road S and Barwick Road is under the jurisdiction of the City. With any future development of the subject property proper public acces will be required. Solid Waste: The future development of this property will continue to have minor solid waste impact. The solid waste authority has indicated they have sufficient capacity exists to service this area. The service provider will not change, as described later in this report. o Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. Planning and Zoning Board Mer of 07/17/06: Staff Report Bexley Park - Annexation, FLUM ~nendment, and Rezoning Page 6 The proposal is associated with the annexation of this unincorporated property and requires changing the FLUM designation from County to City. The current County FLUM designation is MR-5 and the current "advisory" designation is LD (Low Density Residential), which allows single family residential developments. As the City's FLUM designation is being applied the requirement to provide justification for the need does not apply. It is noted that the proposed R-1-AAA designation would allow the same density (0-5 du/ac) as the one currently allow under the county designation of (MR-5). It is also noted that the proposed MD (Medium Density Residential) being applied to the three most western parcels will allow multiple family residential development (restricted to a maximum of 8 units per acre through zoning) which is compatible with the existing developments to the north, south, and east Bexley Park, Country Manor Subdivision, and single family homes respectively. Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical. considerations; is complimentary to adjacenUand uses; and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would require mitigation measures. Under the LD FLUM designation, a range of 0 to 5 du/ac is allowed. Also, under the MD FLUM designation, a range of 5 to 12 du/ac is allowed (restricted to 8 units per acre through zoning). The requested zoning designations of RM- 8 and R-1-AAA will be compatible with the adjacent development patterns. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the requested FLUM designation of LD (Low Density Residential) in part, and MD (Medium Density Residential) in part, and zoning of R-1-MA (Single Family Residential) in part, and RM-8 (Residential Medium Density 8 du/ac) in part, will be compatible with adjacent development patterns. Homeownership is a characteristic of these designations. Consequently, compatibility with the abutting low density residential properties to the east and north (Sabal Lakes and Barwick Ranch), as well as abutting medium density residential properties to the south (Country Manor Subdivision) are consistent with the proposed dsignation. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Any future development of the subject property will be submitted to the site plan review process and will be reviewed for compliance with the LDRs including compatibility with adjacent uses. Florida Statues Governina Voluntary Annexations: Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to Planning and Zoning Board Mee' of 07/17/06: Staff Report Bexley Park - Annexation, FLUM . _lendment, and Rezoning Page 7 the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or man made obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. · The property is contiguous with the City and reasonably compact. With regard to creation of an enclave, in order to access the property one must first travel through the City. Thus, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000- 3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property is under 10 acres and therefore eligible for annexation via an interlocal agreement pursuant to F.S. 171.046. Chapter 171.046, Florida Statutes (2004), provides for annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the County having jurisdiction over such enclave. Land Development ReQulations GoverninQ Annexations: Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. Excluding the City owned 3.18- acre parcel (PCN 42-46-12-00-000-3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property is under 10 acres and therefore are eligible for annexation via an interlocal agreement pursuant to F.S. 171.046. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Desianated annexation area: The territory to be annexed is located within the designated annexation area "E" located on the east side of Military Trail north of Lake Ida Road. Annexation of the subject territory is consistent with the Future Land Use Element Policy B- 3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise; and to address the annexation of improved property which lacks adequate sewer and water facilities through the Palm Beach County Annexation Incentive Program. As expressed previously, excluding the City owned 3.18-acre parcel (PCN 42-46-12-00-000- 3200) two enclaves would exist one 3,03 acres west of the city parcel and the second 6.76 east of the city parcel for a total 9.79 acres. Each of the two enclaves make up the balance of the property is under 10 acres and therefore are eligible for annexation via an interlocal agreement pursuant to F.S. 171.046. CONCURRENCY: Provision of Services: The provision of services to the subject property has been discussed previously under the "Future Land Use Map Amendment Analysis" section of this report. Planning and Zoning Board Met' of 07/17/06: Staff Report Bexley Park - Annexation, FLUM . _.tendment, and Rezoning Page 8 Financial Impacts: Effect upon Annexed Property: The following table depicts the current assessed value and total (County) taxes for the subject property: 00424612000003200 714,675.00 13,617.00 375.00 13,992.00 19.505361 16,956.14 $181.4423.725668 17,137.58 3,145.58 00424612000003202 331,847.00 6,323.00 415.00 6,738.00 19.505361 7,873.29 $181.44 23.725668 8,054.73 1,316.73 00424612000003024 280,558.00 5,346.00 408.00 5,754.00 19.505361 6,656.43 $181.44 23.725668 6,837.87 1,083.87 00424612000003141 223,950.00 4,267.00 276.00 4,543.00 19.505361 5,313.36 $181.4423.725668 5,494.80 951.80 00424612000003190 167,312.00 3,188.00 276.00 3,464.00 19.505361 3,969.59 $181.44 23.725668 4,151.03 687.03 TOTAL $1,718,342.00 32.741.00 $1,750.00 $34,491.00 19.505361 $40,768.81 $907.2023.725668 $41,676.01 $7,185.01 * Currently City owned the values noted would result after change in ownership. For the 2005 tax year the subject property had an assessed value of $1,718,342.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Fire/Rescue MSTU Palm Beach COUll Lib. Palm Beach CO.Lib.Debt Florida Inland Navegation Health Care District Palm Beach Coun Palm Beach Coun Debt Children Service Council Public Schools Debt Servo Public Schools Lac. Board Public Schools State Law SFWMD District SFWMD Ever lades Const. Ci of Delra Beach Ci of Delra Beach Debt 5,325.14 970.86 252.61 66.15 1,855.81 7,646.62 462.58 1,183.42 381.47 4,560.48 8,838.17 1,025.85 171.84 3.19899 0.540301 0.0404 0.0385 1.099999 4.5 0.26798 0.690201 0.274 2.547 5.65 0.597001 0.09999 7.466100 0.533900 DELETE DELETE DELETE 0.00 0.000000 0.00 0.000000 0.00 0.000000 66.15 0.038500 1,855.81 1.099996 7,646.62 4.5 462.58 0.26798 1,183.42 0.690201 381.47 0.274 4,560.48 2.594 9,667.85 5.564 1,025.85 0.597001 171.84 0.09999 12,829.31 7.466100 917.42 0.533900 rlfJfIDIJ * Total tax millage in the county is 19.5443mills while in the city the total millage is 23.7256 mills. Therefore the difference is 4.181306 mills. The current yearly ad valorem taxes are $32,741 with annexation the yearly ad valorem taxes will be $40,768.81 (32,741+8,027.81=40,768.81); a tax difference of $8,027.81 (1,718,342x4.181306/1000=7,185.01). In addition to property taxes, the following Non Ad Valorem fiscal responsibility will apply: Planning and Zoning Board Mee of 07/17/06: Staff Report Bexley Park - Annexation, FLUM h.lendment, and Rezoning Page 9 Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the structures, buildings, parking areas, etc. If the property is developed as a multiple family complex or is subdivided for residential purposes, an assessment of $54.00 per unit would be applied. A 25% discount from the assessment is available since the property is within the Lake Worth Drainage District. An additional 25% may be available if drainage is retained on site. With the vacant properties, this assessment is not immediately imposed. With the submittal of a future site plan, the storm water utility tax will be assessed. Solid Waste Authority - The Barwick Road and Military Trail annexation areas are serviced under a contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) .. if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchise may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". Thus, the waste service provider will not change with annexation. Resulting Impacts to Property Owners: (combined increase) AD VALOREM TAXES 2005 City Mills. County Mills 23.72567 19.54436 = NON AD VALOREM TAXES 2005 Stormwater Assessment Solid Waste Collection WATER & SEWER UTILITY FEES ANNUAL FINANCIAL IMPACT: + $7,185.01 4.1813 $270.00 $211.20 $0.00 + $7,666.21 Fire Response + Faster response from an estimated 5.5 minutes Coun to 2.5 minutes Cit . Faster response from an estimated 5.5 minutes Coun to 2.5 minutes Ci . Better response based upon more officers in field; 14 patroll cars per shift daytime, 15 atroll cars durin the night. Pro-active vs reactive opportunity to work with ro e owners. Emergency Medical Services EMS Police + + Code Enforcement + Fiscallmoacts to the City: At the 2005/2006 City operating milage of 7.4661 mills and debt rate of 0.5339 mills, the property will generate approximately $13,746.74 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Planning and Zoning Board Mee of 07/17/06: Staff Report Bexley Park - Annexation, FLUM .....Iendment, and Rezoning Page 10 AD VAlOREM TAXES 2004 City of Delray Beach 7.4661 Mills $12,829.31 City of Delrav Beach Debt 0.5339 Mills $917.42 SUB-TOTAL $13,746.74 NON-AD VAlOREM TAXES Storm Water Utility (1 Unit @ $54) $0.00 SUB-TOTAL $13,746.74 PARK AND RECREATION IMPACT FEE $500 per unit $0.00 TOTAl $13,746.74 Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. The proposed City zoning designation is R-1-AAA (Single Family Residential) in part, and RM- 8 (Medium Density Residential 8 du/ac) in part, while the current County zoning desigriation is AR (Agricultural Residential). The surrounding zoning designations are: City OSR (Open Space Recreational) to the west; City PRD (Plan Residential Development) to the east; City PRD (Planned Residential Development) and R-1-AAto the north; and City RM (Multiple Family Residential - Medium Density) to the south. COMPREHENSIVE PLAN POLICIES: Previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. REQUIRED FINDINGS: (Chapter 3) Previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5{D) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Board Moo of 07/17/06: Staff Report Bexley Park - Annexation, FLUM hoottendment, and Rezoning Page 11 Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.2.2 (Standards for Rezonina Actions): standard "A", "B", "C", and "E" are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are 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 proposed amendment to MD (Medium Density 5-12 du/ac) in part, LD (Low Density 0-5 du/ac) in part, is compatible with the existing land use designations in the adjacent developments and is being proposed concurrently with a request for annexation and initial zoning of R-1-AAA (Single Family Residential) in part, and RM-8 (Medium Density Residential 8 du/ac) in part. Residential developments and single family homes are allowed as a permitted use within the RM-8 and R-1-AAA District respectively. Given the adjacent development pattern it seems appropriate to recommend a land use designation of MD (Medium Density 5-12 du/ac) in part, LD (Low Density 0-5 du/ac) in part. Thus, compatibility with adjacent residential developments is not a concern. The following zoning designations and uses border the property: Zoning Designation Use North: Plan Residential Development (PRD) and Bexley Park Subdivision and Barwick Single Family Residential (R-1-AA) Ranch Subdivision South: Multiple Family Residential - Medium Country Manors Subdivision and Density (RM) Canal L -31 East: Plan Residential Development (PRD) Sabal Lakes Residential Developoment West: Open Space and Recreational (OSR) Bexley Park Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5{D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or Planning and Zoning Board Mee of 07/17/06: Staff Report Bexley Park - Annexation, FLUM .....lendment, and Rezoning Page 12 (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 andlor neighborhood. Items Hb" and He" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County. However, it is also within the City of Delray Beach reserve annexation. The City, being the current owner of one of these parcels, is seeking annexation of this property into the City, which requires that appropriate City zoning designations be applied. The proposed amendment to MD (Medium Density 5-12 du/ac) in part, LD (Low Density 0-5 du/ac) in part Land Use Map designation and RM-8 (Residential Medium Density 0-8 du/ac) in part, and R-1-MA (Single Family Residential) in part zoning are deemed compatible with the existing land use designations and the adjacent development pattern and zoning designations. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(D) (5). The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Palm Beach County Notice: On July 12, 2006, the Palm Beach County Planning Division was notified of the City's intent to annex this property. Response has not yet been received. Lake Worth Drainaae District: On July 12, 2006, Lake Worth Drainage District was notified of the City's intent to annex this property. Response has not yet been received. IPARC Notice: Notice of the Future Land Use Amendment has also been provided to the 'nterlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: o Jerry Franciosa, PROD o Carolyn Zimmerman, Presidents Council o Gerald De Poe, Country Manor o Bruce R. Shumer, Sabal Lakes o Prime Management Group Inc., Sabal Lakes o Sal Cherch, Barwick Ranch Estates o Don Klein, Barwick Estates Planning and Zoning Board Mee of 07/17/06: Staff Report Bexley Park - Annexation, FLUM "".Iendment, and Rezoning Page 13 Public Notice: Formal public notice has been provided to property owners of the annexation parcels and owners within a 500' radius of the subject property. Additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its planning and. service area. The City's MD (Medium Density 5- 12 du/ac) in part, LD (Low Density 0-5 du/ac) in part, Land Use Map Designation is consistent with the County's MR-5 designation in that it is compatible with the existing land use designations and the adjacent development pattern. This Future Land Use Map designation is being proposed concurrently with a request for initial zoning of RM-8 and R-1-MA District which are also compatible with the surrounding development pattern. The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The property will not experience a significant increase in ad valorem taxes. Upon development of the property, park and recreation impact assessment fees will be imposed on any new residential development. The City will receive additional revenue from property taxes, in addition to storm water assessment fees utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $13,746.44, a year. Based upon the above, the proposed Annexation, Future Land Use Map Amendment and associated Rezoning application should be approved. A. Continue with direction. B. Move a recommendation of approval to the City Commission for: · The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west of Barwick Road approximately 1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and · A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road. by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the Planning and Zoning Board MeE of 07/17/06: Staff Report Bexley Park - Annexation, FLUM Amendment, and Rezoning Page 14 criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for: · The City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west of Barwick Road approximately 1,400' north of Lake Ida Road (PCN 42-46-12-00-000-3200), and · A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of approval to the City Commission for: · A City initiated Annexation, Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 5-8 du/ac) for a 3.18 acres parcel (owned by the City) located on the south side of 133rd Road S, 60' west of Barwick Road approximately 1,400' north of Lake Ida Road (see map attached) PCN 42-46-12-00-000-3200); and · A City initiated Annexation (via Interlocal Agreement Ordinance between Palm Beach County and the City of Delray Beach), Future Land Use Map (FLUM) Amendment from MR-5 (Medium Residential 5 du/ac) on the Palm Beach County Comprehensive Plan to MD (Medium Density 5-12 du/ac) in part and LD (Low Density 0-5 du/ac) and rezoning from AR (Agricultural Residential) to RM-8 (Residential Medium Density 0-8 du/ac) in part and R-1-AAA (Single Family Residential) in part, for two (2) Enclaves containing four parcels and a total of 9.79 acres of land located on the west side of Barwick Road approximately 1,400' north of Lake Ida Road (see map attached). 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 does meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location Map. Staff Report Prepared by: Estelio Breto, Senior Planner ~ M(m~N VE ];= 1c _ ~ 7~~1B~= /' I CLASSTL BOULEVARD '-\: = ~ = -- ~ \ II '- I I / ) ~~:~ ~~ ~/ BEXLEY PARK Y "'l RANCH / ='=~=f--~ I~ ~ _ _ (.) f-_ _I--- ~ f- - f-O- I-~ _~ ~ {fc~= e--7 -~: \~ ~ ~ ~-~~0g ~ ~ n CITY :I: ;;0 ~ n ~ M PARK '- -/ Il-~ BEXLEY ~ '" I I 1IIIIm OSR ~. I--- ~ I-- >- <( :;= f--- z g -l 0: <( :c (.) ~ V@ ~ J I ~ MAGNOLIA CIR. ( - p~1-- =nllr~ gNg ~U=b'~ sR10 o SABAL ~ ---i r==== <( <( r--- <( ..........-....... ::;-~ r--- ::; -::;..r ~ '--- -:-:-:.:@):-:-:-: <....J f- ~ - (!) :-:'O.B8A~' fY lD~~~j :~f-- - 1.J1I-~m- I~ - . .. .~.. . . r- ~ f-( ~ :::~.~~.id:> J I--- "~AGNOLlA ;;t: ~ I I 0:: '- <( FIRE OJ STA. ...1. .i. 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I GNOLlA 'CiR.- l/ I ~~~ -~;Q1ijY / 3i -....... 7 ~ -, z 10 r9THST~\ ~ - CF ~ () 3: ~.K <( FIRE Q) STA. #4 BARWICK PARK os ~\ R 0 A 0 1 AVENUE M( FUTURE LAND USE MAP AMENDMENT PARCELS ADJACENT TO BEXLEY PARK ~ PROPOSED FUlURE LAND USE MAP DESIGNATION:MO (MEDIUM DENSITY RESIDENTIAl 5-12 DUlAC) E::;] PROPOSED FUlURE LAND USE MAP DESIGNATION: LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) N - CITY Of' DELRA Y BEACH. F1. PLANNING'" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: LlA836C w u.. u.. ~ t en 00 00 ~ u.. ~a: ~a: ~.~ U1 0 .0 ~ u::lt u::lt .V N, UlO UlO O...J M.... W u..v u..v ~~ v:: en Ow Ow ::<S ~Z u.. NUl ~Ul 0 Ou..,... ~ :::'Ul ....Ul ~t to:: ~ W~ W~ 00 ~~ :: u..' u..' t;:; 'O.......J Ov Ov C!WZ N , , U1 .... U1 .... men ....UlU 'Y :::.:: :::.:: ~en ....u..t "'v ~w NO 'Y';: UlZ UlZ ~...J ::vO ~:: -u.. -u.. w~ N'v NZ ~O ~O N~ V....Ul 'Yu.. 'v 'v "'t:: .b::Ul .0, .0, ~O 1....:: 1....:: "'z vUlUl 'v NW, ~~~ "'tu.. 'u..W ~;:: ....Ula: ~O ~o;::, C u.. u.. 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U; U; ...J '" co ~ v v v v V N N N N N III v v v v v [ITY DF DElRRY IER[H CITY ATTORNEY'S OFFICE ~()() NW 1st AVENlL' DURAY BEACH, FLORIDA 33444 TELEPHONE: )11 I ~)"tU{)'HJ' h\CSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH F lOR I D ^ Dad All-America City , III I! ~;~E: 1993 2001 MEMORANDUM November 8, 2006 City Commission David T. Harden, City Manager I~'YLD FROM: Terrill Barton, Assistant City Attorney SUBJECT: Ordinance 72-06 The attached draft ordinance provides a new Section 100.10, "Individually Designated Historic Structures and Structures in Historic Districts", to make it a nuisance violation to allow a historic property or structure to fall into disrepair. Please place this ordinance on the City Commission November 21, 2006 agenda for first reading. Thank you. TCB:smk Attachment cc: Chevelle Nubin, City Clerk ~ FROM: DA~T..". EN P~~ING,AI DIRECTOR OF PLANNING & ZONING TO: SUBJECT: MEETING OF NOVE ER 20, 2006 **REGULAR AGENDA** CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 8 "SPECIAL IMPLEMENTATION PROGRAMS" BY ENACTING A NEW SECTION 8.6 "PROPORTIONATE FAIR-SHARE PROGRAM". The item before the City Commission is approval of a City-initiated amendment to the Land Development Regulations to accommodate revi~ions to Chapter 8 "Special Implementation Programs" section of the LDRs. Revisions to the Growth Management Legislation approved in 2005 directed local governments to enact concurrency management ordinances by December 1, 2006 that allows for "proportionate share" contributions from developers to satisfy traffic concurrency requirements. The bill authorizes "proportionate share mitigation" allowing developers to satisfy transportation concurrency requirements through "proportionate share mitigation" if facilities needed for the mitigation of the development impacts are specifically identified for funding in the 5 year Capital Improvement Element (CIE), or in a long-term Concurrency Management System (CMS), or if contributions or payments to such facilities are reflected in the next update of the 5 year CIE. Further, if funds allocated for the 5 years of capital improvements in the City's CIE are insufficient to fully fund construction of a transportation improvement required by the CMS to make the project concurrent, the City may still enter into a binding proportionate fair-share agreement with the applicant; provided, however, that the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which shall, in the opinion of the City Commission, alleviate the concurrency concern and the CIE is amended accordingly at the next annual review. Proportionate fair-share mitigation can include private funds, contributions of land, and construction and contribution of facilities. A local government may not require a development to pay more than its proportionate fair-share contribution regardless of the method of mitigation. The ordinance was considered by the Planning and Zoning Board at a special meeting of November 6, 2006. The Board discussed the proposed ordinance and recommended approval on a 7 to 0 vote 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 amendment to Land Development Regulations Section Chapter 8 "Special Implementation Programs" by enacting a new Section 8.6 "Proportionate Fair Share Program" section of the LDRs. Attachments: · Proposed Ordinance . Planning & Zoning Staff Report of November 6, 2006 IZ.E: ~ Planning and Zoning Board Memorandum Staff Report, November 6, 2006 Amendment to LDRs Pertaining to "Proportionate Fair-Share" A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objective and Policy were noted: Future Land Use Element Obiective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices. The purpose of the amendment is to make the concurrency management systems complaint with new growth management laws which now regulate them. While compliance with growth management laws is not specifically mentioned in a Goals, Objectives, and Policies section of the Comprehensive Plan, the overall Comprehensive Plan is required to be consistent with them. Transportation Policy A 2.3 Concurrent with the issuance of building permits, provisions shall be made for the. installation of improvements which are necessary to maintain the adopted level of service. The proposed amendment addresses how these necessary improvements will be funded and the process by which these transportation system improvements are to be achieved. Based on the above, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. Courtesy Notices: Given the generic nature of this requirement, Le., bringing the City's concurrency reqUirements consistent with new growth management laws, no individual notice was given. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The purpose of this City-initiated LDR text amendment is to create a "proportionate fair-share" option for compliance with traffic concurrency as required by the Growth Management Laws of 2005 and as codified in Florida Statute 163.3180. Positive findings can be made with respect to LOR Section 2.4.5(M) (5) and the proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Recommend to the City Commission approval of the City-initiated amendments to Land Development Regulations to Chapter 8 "Special Implementation Programs" enacting a new Section 8.6 a "proportionate Fair-Share" program. Attachment: · Proposed Ordinance ORDINANCE NO. 74-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, RELATING TO THE CONCURRENCY MANAGEMENT SYSTEM BY ENACTING SECTION 8.6 "PROPORTIONATE FAIR-SHARE PROGRAM"; AND PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the 2005 amendments to the State of Florida's growth management legislation directed local governments to enact concurrency management ordinances by December 1, 2006, that allow for "proportionate share" contributions from developers toward traffic concurrency requirements; and WHEREAS, the City Commission has determined that it is necessary to create a Proportionate Fair-Share Program consistent with Section 163.3180(16), Florida Statutes; and WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on Noyember 6, 2006, and yoted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. WHEREAS, the City Commission has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby affirmed and ratified. Section 2. A new Section 8.6, "Proportionate Fair-Share Program" of the Land Development Regulations of the Code of Ordinances is hereby enacted to read as follows: 1 Section 8.6. Proportionate Fair-Share Program. (A) Purpose and Intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with Section 163.3180(16), Florida Statutes. Proportionate Fair-Share payments shall be distinct and separate payments from and shall not be considered the same as impact fee payments. Impact fees are imposed by the City to replace capacity utilized by growth and to provide funding for long-range transportation plans. Proportionate fair-share is assessed to pay for specific deficiencies to the transportation network resulting from development and enabling development to meet level of service (LOS) concurrency requirements. Proportionate Fair-Share enables development to meet concurrency requirements by proportionately paying for improvement projects. (B) Applicability. The Proportionate Fair-Share Program shall apply to all developments that fail to meet the standards of this division on a roadway within the City that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FOOT). The Proportionate Fair-Share Program does not apply to Developments of Regional Impact (DRI) using proportionate fair-share under Section 163.3180(12), Florida Statutes, projects exempted from this division, or for projects that received traffic concurrency approyal prior to December 1, 2006. (C) General Requirements. An applicant may choose to satisfy the transportation concurrency requirements by making a proportionate fair-share contribution for impacts of new development on City roads that have or will have an LOS deficiency as defined in this division, pursuant to the following requirements: 1. The proposed deyelopment is consistent with the comprehensive plan and applicable land development regulations. 2. Any improyement project proposed to meet the developer's fair-share obligation shall meet the City's design standards for locally-maintained roadways. 3. The scope of the project shall proYide for no less than the capacity necessary to address the transportation concurrency needs for the next five years after the execution of the fair-share agreement. 4. The road improvement necessary to maintain the adopted LOS is specifically identified for construction in the five-year schedule of capital improvements in the Capital Improvements Element (CIE) of the Comprehensive Plan. The provisions of subsection 4. a. may apply if a transportation project or projects are needed to satisfy concurrency and are not presently included within the City's CIE. a. If an applicant meets the criteria contained in subsection (c), and the City's CIE does not include the transportation improvements necessary to satisfy the 2 LOS deficiency, then the City may allow transportation concurrency improvements and funding for the project through the proportionate fair-share upon compliance with the following criteria: (1) The improvement shall not be contained in the first three years of the City's five-year schedule of capital improvements in the CIE; (2) The City adopts by resolution a commitment to add the improvement funded by the developer's proportionate share assessment to the five-year schedule of capital improvements in the CIE at a point no later than the next scheduled annual update. To qualify for consideration under this section, the developer shall be required to submit for review and obtain the City's approval of the financial feasibility of the proposed improvement pursuant to Section 163.3180, Florida Statutes, consistent with the comprehensive plan, and in compliance with the provisions of this ordinance; (3) The City agrees to enter into a binding proportionate fair-share agreement; (4) The City agrees to amend the five-year schedule of capital improvements in the City's CIE at the next annual review or if the funds allocated for the five-year schedule of capital improyements in the City's CIE are insufficient to fully fund construction of a transportation improyement required by the CMS to make the project concurrent, the City may still enter into a binding proportionate fair-share agreement with the applicant; provided, however, that the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which shall, in the opinion of the City Commission, alleyiate the concurrency concern and the CIE is amended accordingly at the next annual review. (0) Intergovernmental Coordination. Pursuant to policies in the Intergovernmental Coordination Element of the Comprehensive Plan, the City shall coordinate with Palm Beach County and other affected jurisdictions, such as FOOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair-share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose. (E) Application Process. 1. In the event of a lack of capacity to satisfy transportation concurrency, the applicant shall have the opportunity to satisfy transportation concurrency through the Proportionate Fair-Share Program pursuant to the requirements of subsection (c). 3 2. Eligible applicants shall schedule a meeting with the Planning and Zoning Department to discuss utilization of the Proportionate Fair-Share option. Eligible applicants shall submit a completed development application and all documentation requested by the City. The City shall establish applicable application fees for the cost of reviewing the application. If the impacted facility affects or is on the Strategic Intermodal System (SIS), or County roadway, then FDOT and Palm Beach County will be notified and invited to participate in the meeting. 3. The Planning and Zoning Department shall review the application and certify that the application is sufficient and complete within 14 working days. If an application is determined to be insufficient, incomplete, or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in subsection (c), then the applicant will be notified in writing of the reasons for such deficiencies. If such deficiencies are not remedied by the applicant within 30 days of receipt of the written notification, then the application will be deemed withdrawn and all fees forfeited to the City. 4. Pursuant to Section 163.3180(16) (e), Florida Statutes, proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement. 5. When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair-share mitigation on a SIS facility, no later than 60 days from the date at which the applicant received the notification of a sufficient, complete, and eligible application. If the agreement is not received by the City within these 60 days, then the application will be deemed withdrawn and all fees forfeited to the City. 6. No proportionate fair-share agreement will be effectiye until approved by the City Commission. (F) Determining Proportionate Fair-Share Obligation. 1. Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities. 2. A development eligible for participation under the Proportionate Fair-Share Program shall not be required to pay more than its proportionate fair share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. 4 3. The methodology used to calculate a deyelopment's proportionate fair-share obligation shall be as provided for in Section 163.3180(12), Florida Statutes, as follows: The cumulatiye number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS. OR Proportionate Fair-Share=I[[(Development Tripsj)/(SV Increasej)] x Cos~] Where: Development Tripsj = Those trips from the stage or phase of development under reyiew that are assigned to roadway segment "i" and have triggered a deficiency per TPS; SV Increasei = Service volume increase proYided by the eligible improvement to roadway segment "i" per Section (c); Cos~ =Adjusted cost of the improyement to segment "i". Cost shall include all improvements and associated costs, such as design, right- of-way acquisition, planning, engineering reYiew, inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred. 4. For the purposes of determining proportionate fair-share obligations, the City Engineer shall determine improvement costs based upon the actual and/or anticipated cost of the improyement in the year that construction will occur. 5. If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and reviewed by the City Engineer or other method approved by the City Engineer. 6. If the City has accepted right-of-way dedication for the proportionate fair- share payment, credit for the dedication of the right-of-way shall be valued on the date of the dedication at 115 percent of the most recent assessed value by the Property Appraiser, or at the option of the applicant and in-lieu of the 115 percent of assessed yalue option, by fair market value established by an 5 independent appraisal approved by the City at no expense to the City. This appraisal shall assume no approved development plan for the site. All right- of-way dedicated shall be part of a roadway segment that triggered the deficiency per TPS and shall not be site-related. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the City at no expense to the City. If the estimated value of the right-of-way dedication proposed by the applicant is less than the City- estimated total proportionate fair-share obligation for that development, then the applicant shall also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact the FOOT for essential information about compliance with federal law and regulations. The City shall also have the option of requiring an environmental assessment for right-of-way dedication. (G) Impact Fee Credit for Proportionate Fair-Share Mitigation. 1. Proportionate fair-share contributions shall be applied as a credit against road impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the impact fees imposed by the County and collected by the City, in accordance with the Palm Beach County Traffic Impact Fee Ordinance. 2. Impact fee credits for the proportionate fair-share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced per the proportionate fair-share agreement as they become due pursuant to the Citywide Impact Fees Division contained in this chapter. Once the credit has been exhausted, payment of road impact fees shall be required for each permit issued. The impact fee credit shall be established when the proportionate fair-share contribution is received by the City, or when the fair- share amount is secured by Performance Security. 3. The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed project. As a result, any road impact fee credit based upon proportionate fair-share contributions for a proposed project cannot be transferred to any other project. (H) Proportionate Fair-Share Agreements. 1. Upon execution of a proportionate fair-share agreement ("Agreement"), the applicant shall receive a certificate of concurrency approyal. Should the applicant fail to apply for a development building permit within 18 months, then the Agreement and the certificate of concurrency approval shall be considered null and void, and the applicant shall be required to reapply. 6 2. Payment of the proportionate fair-share contribution is due in full no later than the issuance of the first building permit, and shall be non-refundable. If the payment is submitted more than 90 days from the date of execution of the Agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to subsection (f), and adjusted accordingly. 3. In the event an Agreement requires the applicant to payor build 100 percent of one or more road improvements, all such improvements shall be commenced prior to the issuance of a building permit and assured by a binding agreement that is accompanied by a Performance Security, as determined by the City, which is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before the issuance of Certificates of Occupancy. 4. Dedication of necessary rights-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to the issuance of the first building permit but shall not include a building permit issued for a dry model. 5. Any requested change to a development subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mit~gation. Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs paid to the City will be non-refundable. 7. The City may enter into proportionate fair-share agreements for selected corridor improyements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility. (I) Appropriation of Fair-Share Revenues. 1. Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the 50 percent local match for funding under the FOOT TRIP, or any other matching requirement for state and federal grant programs as may be allowed by law. 2. In the event a scheduled facility improvement is remoyed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or County Impact Fee Benefit Zone that would mitigate the impacts of development pursuant to the requirements of subsection (c) 3. 7 Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. 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 5. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2006. MAYOR ATTEST: City Clerk First Reading Second Reading 11.15-06P&Z 8 MEETING DATE: NOVEMBER 6, 2006 AGENDA NO: III. B. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 8 "SPECIAL IMPLEMENTATION PROGRAMS" BY ENACTING A NEW SECTION 8.6 "PROPORTIONATE FAIR-SHARE PROGRAM". 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 to accommodate revisions to Chapter 8 "Special Implementation Programs" section of the LDR's. 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. Revisions to the Growth Management Legislation approved in 2005 directed local governments to enact concurrency management ordinances by December 1, 2006 that allows for "proportionate share" contributions from developers to satisfy traffic concurrency requirements. The bill authorizes "proportionate share mitigation" allowing developers to satisfy transportation concurrency requirements through "proportionate share mitigation" if facilities needed for the mitigation of the development impacts are specifically identified for funding in the 5 year Capital Improvement Element (CIE), or in a long-term Concurrency Management System (eMS), or if contributions or payments to such facilities are reflected in the next update of the 5 year CIE. CIE's that note proportionate fair- share contributions are not to be found in noncompliance if additional contributions, payments or funding sourCes necessary to fully fund the improvements are reasonable anticipated during a period not to exceed 10 years. Further, if funds allocated for the 5 years of capital improvements in the City's CIE are insufficient to fully fund construction of a transportation improvement required by the CMS to make the project concurrent, the City may still enter into a binding proportionate fair-share agreement with the applicant; provided, however, that the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which shall, in the opinion of the City Commission, alleviate the concurrency concern and the CIE is amended accordingly at the next annual review. Proportionate fair-share mitigation can include private funds, contributions of land, and construction and contribution of facilities. A local government may not require a development to pay more than its proportionate fair-share contribution regardless of the method of mitigation. REQUIRED FINDINGS LDR Section 2.4.5(MlC5) (FindinQs): Pursuant to LDR Section 2.4.5{M){5) (Findings), in addition to LDR Section 1.1.6{A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. ,. [ITY DF DElRAY IEA[H CITY ATTORNEY'S OFFICE 211(J'"J\V htAV!,\i: :TI.FI'I!O'\E ;i(, I DELRAY BEACH F L () RIO A DaI.III All-America City , III I! ~;~E: 1993 2001 MEMORANDUM November 13, 2006 City Commission David T. Harden, City Manager FROM: Terrill Barton, Assistant City Attorney R.\Y I)EACH, FLORIDA 33444 . L\CSJ\lILE: 561/278-4755 Writer's Direct Line: 561/243-7090 F''y'( \f"J- / {J ~/ SUBJECT: Ordinance 73-06 Amendinq Chapter 59 "Reclaimed Water" The attached draft ordinance amends Section 59.09, "Fees' Rates and Charges" to adjust the wholesale customer rate. Please place this ordinance on the City Commission November 21, 2006 agenda for first reading. Thank you. TCB:smk Attachment cc: Chevelle Nubin, City Clerk /Z.F d\ ORDINANCE NO. 73-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 59, "RECLAIMED WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 59.09, "FEES, RATES AND CHARGES", TO ADJUST THE WHOLESALE CUSTOMER RATE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, in September, 2006, the City Commission approved water and sewer rate increases; and WHEREAS, in accordance with the implementation of those increases, a new fee is hereby established for wholesale customers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. That Title V, "Public Works", Chapter 59, "Reclaimed Water", Section 59.06, "Fees, Rates and Charges" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 59.09. FEES, RATES AND CHARGES. (A) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per one thousand (1,000) gallons in accordance with the following schedule: 1. Retail customer rate ................................... $1. 00 2. Wholesale customer rate......................~ 0.26 (B) Meter installation charges, when applicable, shall be as listed in Chapter 52, section 52.32. (C) Capacity charge, when applicable, shall be as listed III Chapter 52, Section 52.34(B). Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2006. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. NO. 73-06 [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 2i1(J "JW 1st AVENUe' DURAY BEACH, FLORIDA 33444 TILEPIlONE: )h 1!2.+YiiY)() . FACSIMILE: 561/278-4755 Writer's Direct Line: 561/243-7091 DELRA Y BEACH f L n RID A D.8&III All-America City , 1III ' DATE: @ TO: MEMORANDUM November 15, 2006 1993 2001 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Early Retirement Incentive This Ordinance makes a change allowing persons who achieve 28 years of service or age 58 with 10 years of service to be eligible for the early retirement incentive if the qualifying events happen any time during the 60 days the incentive is offered instead of prior to October 1 as was the previous requirement. Please place this ordinance on the City Commission Agenda for November 21, ~.QQ6: Attachment cc: Chevelle Nubin, City Clerk 12.G ORDINANCE NO. 75-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", BY AMENDING SUBSECTION 35.097(M), "EARLY RETIREMENT INCENTIVE", TO PROVIDE FOR CHANGED ELIGIBILITY TIMING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. NOW, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That the Code of Ordinances, Section 35.097(M), "Early Retirement Incentive", is hereby amended to read as follows: (M) Early Retirement Incentive. (1) Effective October 1, 2002, an early retirement incentive program shall be provided in accordance with this Section. The availability of the early retirement incentive in any plan year shall be determined by the City. The City shall provide all eligible employees with at least thirty (30) days advance notice that the early retirement incentive will be offered. The early retirement incentive program shall be voluntary for all eligible employees. (2) Employees who are one hundred (100) percent vested and within two (2) years of their earliest normal retirement date at the beginning of the plan year in which durinq the period that the early retirement incentive is offered shall be eligible for the early retirement incentive. In any plan year the period in which the early retirement incentive is offered, eligible employees shall be given an opportunity to elect the early retirement incentive within sixty (60) days following receipt of notice that the early retirement incentive is being offered. The employee's election shall be made in writing on a form provided by the City, and shall be irrevocable. (3) Eligible employees who elect the early retirement incentive shall have their retirement benefit calculated in accordance with Section 35.097(A), based on credited service and final monthly compensation as of the last day of employment. There shall be no actuarial reduction as defined in Section 35.097(B)(2). Employees who elect the early retirement incentive shall immediately retire and terminate City employment. (4) An employee who elects to receive the early retirement incentive under this subsection cannot also participate in the Deferred Retirement Option Plan under Section 35.110. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2006. ATTEST: City Clerk MAYOR First Reading Second Reading 2 ORD NO. 75-06 fA............ .~( . , [IT' DF DElRAY BEA[H CITY ATTORNEY'S OFFICE ::>00 NW 1st AVEI\1 'E' DEI.RAY BEACH, FLORIDA 33444 TELEPHONE: 561124i-'()l)() . FACSIMILE: 5611278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH f lOR I 0 ^ a.e.I:III All-America City , III I! DATE: 1993 2001 MEMORANDUM November 15, 2006 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 65-06 - Fines This ordinance provides on Page 5 a $100 dollar penalty for all violations of Section 101 concerning Park Rules, except Section 101.27(B) and 1 01.36(E)1, which govern pets, requires a $50 dollar fine. The ordinance also changes the words "Occupational License Tax" to "Business Tax" to conform to state law. Please place this ordinance on the City Commission agenda for November 21, 2006 for first reading. ~ cc: Doug Smith, Assistant City Manager Lula Butler, Community Improvement Director Chief Schroeder, Delray Beach Police Department Captain Craig Hartman, Delray Beach Police Department Joe Weldon, Director of Parks and Recreation 12.# ORDINANCE NO. 65-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING ORDINANCE 34-06 BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CIVIL PENALTIES", BY REMOVING THE REFERENCE TO SECTION 98.08, "LITTER IN PARKS", AMENDING THE PENALTY AMOUNT FOR DOGS ON THE BEACH AND SKATEBOARDING AND ADDING A NEW PENALTY FOR "VEHICLES ON THE BEACH" AND "GARBAGE, SEWAGE, AND OTHER WASTE MATERIALS"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Section 37.45 of the Code of Ordinances of the City of De1ray Beach, Florida, was established to provide for procedures for supplemental code enforcement procedures in accordance with Chapter 162, Florida Statutes; and WHEREAS, the City Commission desires to clarify the penalties for certain violations of the City's ordinances. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. That Ordinance 34-06, amending Section 37.45 of the Code of Ordinances of the City of Delray Beach, Subsection (Q), "Civil Penalties", shall be amended as follows: (0) Civil Penalties: Code Section Description of Violation Civil Penalty Non-Contested Contested CITY CODE OF ORDINANCES GARBAGE AND TRASH 51.22 51.23 51.35 - 51.40 Dumping on private property is prohibited Garbage placed in containers Removal of building materials- owner's responsibility Vegetative waste collection Bulk trash collection Required and approved trash containers, $200 $150 $275 $225 51.02 51.03 51.20 (A) and (B) $100 $100 $100 $175 $175 $175 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 junk 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) Objects within 5' of fire hydrant $150 $225 96.08 (B) (C) Storage, discharge or release of hazardous wastes $100 $150 96.16 Adoption ofN.F.P.A. - any other violation ofN.F.P.A. $150 $225 GARBAGE ON PRIVATE PROPERTY 98.03 (A) Unlawful deposit of garbage $150 $225 98.03 (B) Unlawful accumulation of garbage $150 $225 LITTER ON PRIVATE PROPERTY 98.04 (A) Unlawful deposit of litter $150 $225 98.04 (B) Unlawful existence of litter $150 $225 98.04 (C) Property to remain free of litter $150 $225 LITTER ON BUSINESS 98.05 (A) Unlawful deposit oflitter in business $150 $225 2 ORD NO. 65-06 98.05 (B) Unlawful existence of litter in business $150 $225 LITTER IN PUBLIC PLACE 98.06 Unlawful to throw or deposit litter in a public place $250 $325 LITTER ON STREET 98.07 (A) Unlawful deposit of litter on sidewalk, parking area, right-of-way or street $250 $325 98.07 (B) Unlawful existence of litter on sidewalk, parking area, right-of-way, or street $150 $225 LITTER ON VACANT LOTS 98.08 (A) Unlawful deposit of litter on private property $150 $225 98.08 (B) Unlawful existence oflitter on private property $150 $225 LITTER IN PARKS 98.09 Unlawful deposit of litter in parks $150 $225 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 3 ORD NO. 65-06 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 99.05 Sound levels by land use $200 $275 All other violations of Sec. 99 $150 $225 GENERAL REGULATIONS 100.01 (A)(1) 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 adjoining public right-of-way must be 4 ORD NO. 65-06 100.01 (E) 100.02 100.03 100.04 100.05 (A) (B) 100.06 (A) (B) 100.07 (A) 100.07 (B) maintained Pyramid or similar type markers are prohibited Unlawful debris, vegetation, high or structure on property which may create a hazard in times of hurricane Unlawful accumulation of sand, rock, debris, or spoil on lot Seawall repair is required on all properties adjacent to sand, stream, or body of water Unlawful to maintain standing water where mosquitoes may breed Unlawful excavation which is in dangerous or unsafe condition; declared a nuisance Any portion of a lot not covered with a building, structure, parking area, or walkway shall be sodded or covered with appropriate ground cover All landscape materials shall be maintained in a healthy condition EXTERIOR BUILDING WALLS 100.08 (A) $150 $150 $225 $225 $250 $325 $100 $175 $150 $225 $150 $225 $250 $325 $100 $175 $100 $175 All building walls shall be maintained in a secure 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. $100 $175 DOCS PETS ON THE BEACH. PARKS OR RECREATIONAL FACILITIES All sections of Chapter 101 exceot 101.27(B) and 101.36(E)(1) 101.27 (B) 101.36 (E)ill $100 $175 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 $-lOO $50 ~ $125 No person shall bring into any recreational facility any cat. dog, or other animal. $ 50 5 $125 ORD NO. 65-06 STREETS AND SInEW ALKS - CONSTRUCTION, EXCA VA TION, AND REPAIR 102.01 (A) (B) 102.17 102.20 102.40 102.42 102.43 102.44 102.46 Construction in right-of-way (permit required) Construction on street (permit required) Construction standards for public r-o-w Standards for movable newsracks Certificate of compliance for newsrack N ewsrack standards Prohibited locations/site triangle requirement Abandonment All other violations of Sec. 102 $100 $100 $100 $100 $ 50 $100 $250 $150 $100 OCCUP}"ATIONAL LICENSE LOCAL BUSINESS TAX RECEIPT $175 $175 $175 $175 $125 $175 $325 $225 $175 110.02 Oecupatioaa.llicense Local Business Tax Receipt 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 112.21 112.23 112.26 112.27 Failure to get alarm registration Failure to display alarm decal Failure to respond/verify alarm malfunction Multiple malfunction violations 18t offense 2nd offense 3rd offense 4th offense All other violations of Section 112 HANDBILLS/SOLICITING $ 50 $ 50 $ 75 $ 0 $ 0 $ 0 $ 25 $100 $125 $125 $150 $ 0 $ 0 $ 0 $ 50 $175 118.02 Unlawful distribution of handbills $100 $175 118.03 Unlawful soliciting and peddling $100 $175 118.06 Failure to obta.ia an oceupatioaal License pay a business tax for soliciting $100 $175 All other violations for Section 118 $100 $175 6 ORD NO. 65-06 SKATEBOARDING 132.09 Unlawful skateboarding/roller skating on sidewalk along Atlantic Avenue between State Road A-I-A and 1-95 $-lOO $50 ~ $100 All other sections of City Code not mentioned 4.3.2 (A) - (C) 4.3.3 (A) - (Z) 4.3.4 (A) - (K) 4.4.2 - 4.4.28 SIGNS 4.6.7 (D)(2) 4.6.7 (E)(l) 4.6.7 (F) 4.6.7 (1) LIGHTING 4.6.8 (A)(1 )-(4) CITY LAND DEVELOPMENT REGULATIONS Use Determination - Allowed and incompatible uses Special UseslDistrict Regulations Development Standards Setbacks; lot coverage; density; zoning matrix Permitted Uses Garish signs Permits required for signs Sign area, height, setbacks Prohibited signs All other violations of Section 4.6.7 Lighting requirements, height, lighting illumination standards 7 $100 $175 $200 $200 $275 $275 $100 $250 $175 $325 $100 $100 $100 $150 $100 $175 $175 $175 $225 $175 $100 $175 ORD NO. 65-06 PARKING 4.6.9 (B)(1)-(5) Parking required $150 $225 4.6.9 (C) (1) Parking design $150 $225 4.6.9 (C) (2) Residential uses (spaces req'd) (a) Single family $ 50 $125 (b) Duplexes $ 75 $150 (c) Mulit-family $100 $175 (d) Guest parking $ 50 $125 4.6.9 (C) (3) Commercial uses $150 $225 4.6.9 (C) (4) Office uses $150 $225 4.6.9 (C) (5) Industrial uses $150 $225 4.6.9 (C) (6) Recreational/Community Facilities $150 $225 All other violations of Section 4.6.9 $150 $225 4.6.10 Off loading requirements $150 $225 4.6.11 Outside storage of materials, supplies, products, and vehicles shall only be allowed if specified in the district $250 $325 4.6.13 (A) Parking and storage of commercial vehicles, boats, trucks, and similar vehicles in a 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 8 ORD NO. 65-06 (5) Sight distance req'd (ref. sec. 4.6.14) $250 $325 4.6.16 (I) Minimum requirements (1) General $100 $175 (2) Pruning/hatracking $200 $275 4.6.17 Soil erosion (all sections) $100 $175 5.1 Subdivision Regulations (all sections) $100 $175 5.3 Right of Way Dedication (all sections) $100 $175 WORK IN PUBLIC RIGHT-OF-WAY 6.3.2 Permit required for work in public right-of-way $100 $175 SIDEWALK CAFE REQUIREMENTS 6.3.3 (A) Permit required $100 $175 6.3.3 (F) Design Guidelines 6.3.3 (F) (1) - (13) Path of egress, no table zones, hours of operation, cleanliness, etc. $150 $225 BUILDING REGULATIONS 7.1.2 Required plans and permit $100 $175 7.1.3 Florida Building Code (all sections) $100 $175 7.1.3 (B)(1)-(4) Florida Building Code Standards $100 $175 7.1.4 Property Maintenances; Building Standards 7.1.4 (C) (1) Buildings $150 $225 (a)(b) Safety $150 $225 7.1.4 (C) (2) Debris/Storage on partially vacant lot $150 $225 7.1.4 (D) (1) Hurricane precautions (a) Required canvas awnings, tents to be removed $150 $225 (b) Construction materials to be secured $250 $325 (c) Outdoor furniture and materials to be secured $250 $325 7.1.4 (D) (2) (b) Required repairs after hurricane (unsafe structure) $250 $325 7.1.5 (B) (1) (2) Required numbers on buildings $100 $175 7.1.5 (C) Required display and size of numbers - visible from street $ 50 $125 7.1.7 Seawalls required to be in good repair $100 $150 9 ORD NO. 65-06 ELECTRICAL CODE 7.2.1 (A)(I)(2) Required electrician for work $100 $175 7.2.1 (A)(I)(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) Using non-approved apparatus/fixtures $200 $275 7.2.5 (C) Interfering with enforcement $150 $225 All other Section 7 violations $100 $175 BUILDING MAINTENANCE 7.8.3 Buildings shall be maintained by Owner $100 $175 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 10 ORD NO. 65-06 Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be, and the same are Section 4. reading. That this ordinance shall become effective upon its passage on second and final of PASSED AND ADOPTED in regular session on second and final reading on this the , 2006. day ATTEST: City Clerk MAYOR First Reading Second Reading 11 ORD NO. 65-06 ---.fff1 [IT' DF DElRAY IEA[H CITY ATTORNEY'S OFFICE 2()() NW 1st AVE\H ~E' DFl.RAY BEACH. FLORIDA 33444 TELEPHONE: 56] /243- 7()<)(1 . [~ACS[M[LE: 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH F L () Ii: IDA Da.d All-America City , 1111 ' DA ~E: @ TO. MEMORANDUM November 15, 2006 1993 2001 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 66-06 - Addresses Trash, Litter and Smoking on the Beach, as well as other Park, Beach and Recreational Facility Rules Enforceable by the Civil Citation System This Ordinance seeks to address Chapter 101 of the Code of Ordinances governing various matters that affect the use of the City's beach, parks and recreational facilities. I want to commend David Ricks for compiling the Park Rules included in the ordinance. By listing these rules in an ordinance, our code enforcement officers and police officers will be able to issue civil citations under our ticketing system in addition to our traditional enforcement mechanisms. A summary of the ordinance is as follows: Section 101.17(A) clarifies and enhances the "no litter and trash" prohibitions at City parks, recreational facilities and municipal beach. Section 101.36 - Provides: (A) Purpose. (B) Establishes hours of operation for parks and recreational facilities and allows all or part of a park or recreational facility to be closed to the general public during atter-school programs, early release days, and summer camps, per the parameters and times posted at the facility and also if safety or security dictates a closure. (C) Prohibits business/commercial enterprises on park property. (D) Regulates safety hazards. IZ.I (E) Prohibits dogs, cats, pets (other than guide dogs), prohibits soliciting and vending, prohibits interference with authorized events, regulates sound equipment, sleeping, intoxicants and disorderly intoxication, storage of personal property and disorderly conduct. (F) Applies state traffic laws, regulates parking, failure to obey signals, and orders and directions given by police officer or park ranger, regulates bicycles, unauthorized vehicles and vehicle maintenance at City parks. (G) Regulates use of picnic tables, pavilions, grills and fires. (H) Prohibits smoking at the municipal beach, except in designated posted smoking areas, and provides a definition of "smoking". (I) Provides for compliance with laws and posted rules and incorporates other ordinances. (J) States that permits are required to reserve parks/recreational facilities or areas. (K) Provides prohibitions on hindering enforcement, permits the City to prohibit a person coming to a park or recreational facility for 24 hours for violation of the park rules or, if a habitual offender, (three times in one year) for six months. Please place this ordinance on the City Commission agenda for first reading on November 21,2006. SAR:ci cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Chief Larry Schroeder, Delray Beach Police Department Captain Craig Hartmann, Delray Beach Police Department Joe Weldon, Director of Parks and Recreation Roger Ribeiro, Recreational Superintendent David Ricks, Recreation Supervisor IV Lula Butler, Director of Community Improvement AI Berg, Assistant Director of Community Improvement 11/15/200611:38:29 AM ORDINANCE NO. 66-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REPEALING SECTION 98.09, "LITTER IN PARKS" AND AMENDING CHAPTER 101, "PARKS, BEACHES AND RECREATION, GENERAL PROVISIONS", BY AMENDING SECTION 101.17, "GARBAGE, SEWAGE, AND OTHER WASTE MATERIALS", TO READ "GARBAGE, TRASH, LITTER, SEWAGE, AND OTHER WASTE MATERIALS", BY AMENDING SUSECTION 101.17(A), TO STRENGHTHEN PROHIBITIONS ON LITTERING ON THE MUNICIPAL BEACH, RECREATIONAL FACILITIES AND PUBLIC PARKS, AND BY ENACTING A NEW SUBSECTION 101.36, "ADDITIONAL RULES APPLYING TO CITY PARKS, RECREATION FACILITIES AND THE MUNICIPAL BEACH", TO PROVIDE FOR ADDITIONAL RULES WHICH INCLUDES A PROHIBITION ON SMOKING IN CERTAIN AREAS OF THE BEACH, THAT CAN BE ENFORCED BY ISSUING CIVIL CITATIONS IN ADDITION TO OTHER REMEDIES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission is desirous of providing its citizens with a safe and clean environment in which recreational opportunities can be maximized; and WHEREAS, additional rules and enforcement is needed in order to make sure that the public beach, City parks and recreational facilities are operated in a manner that protects the persons using the beach, recreational facilities and public parks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 98,09, "Litter in Parks", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety: See. 98.09. LITTER IN P A}LT{8. No persoll shall tm-ow or deposit litter ill any park within the City exeept in publie reeeptacles and ill a ffiB:Bner that the litter 'Hill be preyented from being carried or deposited by the elements l:lpon B:BY part of the park or upon any street or other public plaoe. 'Nhere publio reeeptaeles are not proyided, all litter shall be oarried a'lIay from the park by the person responsible for its preS6nee and properly disposed of else\vhere as provided hereill. Section 2. That Chapter 101, "Parks, Beaches and Recreation", "General Provisions" is hereby amended by amending Section 101.17, "Garbage, Sewage and other Waste Materials" is hereby amended to "Section 10 1.17, Garbage, Sewage, Trash. Litter and other Waste Materials", to read as follows: Sec. 101.17. Garbage, Trash. Litter. Sewage and other Waste Materials. (A) No person shall deposit, permit or suffer to be deposited in any part of any City park, recreational facility or municipal beach site, any garbage, ashes, sewage, refuse, trash. litter. including. but not limited to. cigarettes. cigars. tobacco. paper. bottles. cans. containers. syringes. sanitary products. diapers. or any waste material whatsoever, or any product or thing not indigenous to the beach or recreational facility other than in receptacles or pits provided for SUCH pl:Kposes the proper disposal of such materials; nor shall any person dump any earth within the City park. recreational facility or municipal beach site without specific written permission from the Parks and Recreation Director. Where public receptacles are not provided. all trash. litter. refuse and garbage shall be carried away from the park. recreational facility or municipal beach site by the person responsible for its presence and properly disposed of elsewhere in an appropriate receptacle. Section 3. That Chapter 101, "Parks, Beaches and Recreation", subheading, "General Provisions" is amended by enacting a new subsection 101.36, "Additional Rules Applying to Parks, Recreational Facilities and the Municipal Beach", to read as follows: Sec. 101.36. Additional Rules Applvine to Parks. Recreational Facilities and the Municipal Beach. (A) Puroose. Citizens should be afforded a safe. clean environment in which recreational opportunities can be maximized. Due to the wide variety of patron needs and use of City property. it is necessary to establish the following rules and regulations. These rules are in addition to rules that are contained in other sections of the Code of Ordinances or otherwise posted in particular parks. recreational facilities or municipal beaches. (B) Hours ofOoeration. 1. Parks and recreational facilities will be open as posted on buildings or entrance areas. 2. No person shall remain in any park or facility after the park or facility is closed. except in an area specifically designated by the City as an area where persons may remain after the park or facility is closed to the public. All persons shall comply with City Code of Ordinances Section 101.23 prohibiting criminal trespass. 3. Any section or part of any park or facility may be declared closed to the public at any time or limited to certain users or times as public interest demands or safety and security indicates. In addition. all or part of park and recreational facilities may be closed to the general public during the use of the park and recreational facilities for after-school programs. day 2 camps. early release days. summer camps and the like. when the closure and the parameters and time of closure is posted at the park or recreational facility. (C) Park Property. 1. Buildings and Other Property. All park property. facilities and equipment shall be used for the purpose for which it was designed. No person shall deface or disturb any building or disturb any landscaping in violation of Section 101.16 of the Code of Ordinances. 2. Social Services. Parks shall be used for recreation and relaxation. light and air for the general public. Parks shall not be used for business or social service purposes unless authorized pursuant to a written agreement with City. As used herein. social services shall include. but not be limited to. the provision of food. clothing. shelter or medical care to persons in order to meet their physical needs: except when provided by employees of the City pursuant to authorization by the City. 3. No commercial enterprises. sale or rentals of goods or services shall be permitted in violation of Section 101.25 of the Code of Ordinances. (D) Safety Hazards. 1. Permit Required. Use of any equipment which does or may pose a safety hazard must receive a permit from the Parks and Recreation Department prior to such use. This permit must be displayed upon request by City personnel. This would include but not be limited to items such as radio controlled airplanes. boats. model rockets. carnival equipment. bounce houses and rock walls. 2. Fireworks. Firearms. Weapons. Fires. No person shall discharge any fireworks in any City Park unless done as part of a special event authorized by the City. Fireworks shall mean any combustible or explosive composition or substance or combination of substance or any article prepared for the purpose of producing a visible or audible effect by combustion. exposition. deflagration or detonation. including sparklers. No person shall start a fire in violation of Section 10 1.19 of the Code of Ordinances. No person shall violate Section 101.20 of the Code of Ordinances governing firearms. weapons and fireworks. (E) Nuisances at Parks. Recreational Facilities and Municival Beach Sites. 1. Pets. No person shall bring into. permit. have. or keep in any park. recreational facility. municipal beach east of the dune line or City facility 3 any dog. cat. pet of any kind or other animal unless the park is specifically dedicated for that purpose by the City except that Guide Dogs used by people with seeing. hearing or other physical disabilities shall be permitted. No person shall hunt or molest wildlife in violation of Section 101.18 of the Code of Ordinances. No person shall violate Section 101.27 of the Code of Ordinances pertaining to animal regulations. 2. Trash Disposal. Park patrons are responsible at all times for proper disposal of their trash. Any trash generated outside park and recreation facilities may not be disposed of inside the park. park facility or municipal beaches. No person shall deposit any litter. trash. waste or any other matter prohibited by Section 101.17 or Section 101.31 of the Code of Ordinances. 3. Soliciting and Vending. No person shall expose or offer for sale any article or thing nor shall he station or place any stand. cart or vehicle for the transportation. sale or display of any such article or merchandise within the limits or adjacent roadways of any park. Exception is made to regularly licensed concessionaires acting by and under the authority of the City of Delray Beach. Any publicity. posted signs or announcement placed in or on park property must have the prior approval of the Parks and Recreation Department. No person shall conduct commercial enterprises or sell or rent goods or devices in violation of Section 101.25 of the Code of Ordinances. 4. Interference with Authorized Activities. No person or group shall interfere with any recreational activities or event authorized by the City's Parks and Recreation Department. 5. Sound Equipment. A permit is required to bring into any park. beach. or recreational facility any public address system or amplified music system. except for small devices for personal use such as radios. i-pods. or the like. No person or group shall play or operate any sound amplification device including radios. television sets. phonographs. tape decks. public address systems. amplified musical instruments or any other loud noise generating device which annoys or disturbs other persons in any park or recreation facility or which violates Section 10 1.22(E) or Chapter 99 of the Code of Ordinances. 6. Sleeping. Sleeping in a horizontal position is specifically prohibited in the followin~: building. pavilion. rest room. trash receptacle. bench. picnic table. as well as recreational activity areas (such as athletic courts and fields. and playgrounds). pedestrian or vehicular traffic ways (such as roads. sidewalks. bike paths. and jogging paths). and landscaped areas (such as flower gardens. hedges. and planters). No person shall camp in a manner in violation of Section 101.21 of the Code of Ordinances. 4 7. Intoxicants. Consumption. possession or sale of alcoholic beverages is prohibited within City parks. Recreational Facilities or Municipal Beach except during and within the specified area of a Special Event authorized by the City or premises licensed for sale and consumption of alcoholic beverages. 8. Disorderly Intoxication. No person shall be intoxicated in a City park. recreational facility or upon a City beach and endanger the safety of another person or property. and no person shall be intoxicated or drink any alcoholic beverage in a City park. recreational facility or municipal beach. 9. Personal Property. Personal property shall not be stored in any park or recreational facility except in a facility or area specifically designated by the City for such storage. No person shall violate Section 101.33 of the Code of Ordinances pertaining to bringing onto the beach gym equipment or playing ball in unauthorized areas. 10. Disorderly Conduct. No person shall violate the provisions of Sections 132.01. 132.02. or 101.22 of the Code of Ordinances which prohibits various types of disorderly conduct. (F) Vehicles and Traffic. 1. Existin~ Laws. All state vehicle and traffic control laws and regulations shall be complied with in City parks and recreation facilities. In addition no person shall violate Section 101.24 setting forth specific traffic regulations regulating various forms of transportation. 2. Parking. All motor vehicles shall be parked only in established and indicated parking areas or in such other areas and at such times as the Parks and Recreation Department officials may designate. Parking on the roadways and driveways. unless it is a designated parking space. is prohibited. No person shall park or station any vehicle in any zone designated and marked "No Parking" or otherwise marked for restricted use except briefly for emergency purposes. 3. Directions of Traffic. No person shall fail to comply with any order. signal or direction given or posed by any police officer or park ranger for the direction of traffic. 4. Bicycles. All bicyclists shall comply with state and municipal laws and regulations pertaining to bicycles. 5. Unauthorized Vehicles. Mini bikes. go-carts and other non-licensed motorized or electric vehicles are prohibited in parks. recreational 5 facilities and the municipal beach. No person shall violate Section 101.24 which prohibits various types of vehicles including. but not limited to certain water craft as well as certain craft that is airborne or Section 101.34 which sets forth certain prohibition on parasailing. kite boarding/kite surfing. scuba diving and the use of iet skis. 6. Vehicle Maintenance. Motor vehicle maintenance is prohibited in parks. recreational facilities and public beach. except repairs or maintenance of an emergencv nature. (G) Picnicking. 1. Picnic Tables. Use of picnic tables for other than picnic purposes is prohibited. Proper use of tables for picnicking is on a first come. first serve basis. Holding tables for patrons who have not arrived is prohibited. unless there is provision for certain tables to be reserved in advance bv the Parks and Recreation Department. 2. Pavilions. Pavilions are available for exclusive use by permit only. Individuals and groups using pavilions shall comply with written pavilion regulations. 3. Fires. (1 ) Ground Fires - Ground fires are prohibited in alllJark areas. (2) Personal Grills - The use of personal grills in park areas is subiect to prior approval of park officials. (3) Safety - Visitors are responsible for insuring that their fire IS properly monitored and extinguished at the end of their outing. (4) Property Use of City Grills - Grills provided by the Parks and Recreation Department are designed for use with charcoal only. The use of wood or other flammable materials in grills is prohibited. (5) No person shall violate Section 101.19 of the Code of Ordinances which contains additional prohibitions on fires. (H) Smoking Smoking at the municipal beach is prohibited. except in designated posted smoking areas. Smoking is defined to include the carrying of a lighted pipe or lighted cigar. or lighted cigarette of any kind. or the lighting of a pipe. cigar or cigarette of any kind. 6 (I) Additional Operating Procedures: Posted Rules: General Laws. (1) Federal. State. County and Municipal Laws. All federal. state. county and municipal laws are hereby adopted and are to be enforced within all City of Delray Beach parks and recreational facilities. (2) Compliance with Additional Posted Rules. Specific facilities which require additional operational procedures for orderly use shall be posted with rules in a conspicuous place. Patrons utilizing all facilities shall comply with posted regulations. (3) No person shall violate the prohibitions contained in Sections 101.35 regarding the storage of boats. Section 101.28. "Obedience to Lifeguards". Section 101.29. "Undressing on Beach: Indecent Apparel". or Section 101.30 regarding "nude swimming". (1) Permits. (1) Reservation of any parks and recreation facility or area for exclusive use requires written approval of the Parks and Recreation Department in the form of a permit. (2) Permits shall be obtained as required by the Code of Ordinances. (3) Regulation Exceptions. All government activities carried out in the ordinary course of park. recreational facility and beach operations shall be exempt from the provisions of the Parks and Recreation Department Rules and Regulations Permit Requirements. Acts or conduct prohibited by the rules shall be permitted when approved by the Director of Parks and Recreation and occurring in coni unction with City sponsored. co-sponsored. or City approved special events. including but not limited to: Promenade. plant shows and home shows. (K) Enforcement. (1) Hindering Enforcement. No person shall impersonate in any way a park official nor hinder park officials or personnel or those designated by the City to enforce the Code of Ordinances in the performance of their lawful duties. (2) Trespass. In addition to any other penalty allowed by law or ordinance. any person or group found in violation of the above rules and regulations shall be ordered to leave all City of Delray 7 Beach parks and recreation facilities for a mInImUm 24-hour period. Any person who fails to leave all facilities. parks or beach at the time requested may be arrested and prosecuted for trespassing or prosecuted under other existing ordinances. (3) Any person determined by the Parks or Site Supervisor to be a habitual violator of the Parks and Recreation Rules and Regulations may be ordered to remain out of City parks. recreational facilities or municipal beach for a period of time. not to exceed six (6) months. Habitual violator. for purposes of these rules and regulations. shall be defined as any person that has been ordered by Parks and Recreation officials. Code Enforcement Officers and those designated by the City to enforce its Code of Ordinances or Police Officers to leave a City park. recreational facilities or municipal beach three (3) times within any twelve (12) month period. (K) Penalty. In addition to any other penalty permitted by law or specifically enumerated by this section. the General Penalty and enforcement means as provided in Section 10.99 shall apply. Section 37.45 of the Code of Ordinances sets forth additional civil penalties that may be imposed upon issuance of a civil citation. 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. final reading. That this ordinance shall become effective upon its passage on second and PASSED AND ADOPTED in regular session on second and final reading on this the _ day of 2006. MAYOR ATTEST: City Clerk First Reading Second Reading 8