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05-15-07 Agenda RegCity of Delray Beach Regular Commission Meeting .~ RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday, May 15, 2007 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 Regular Meeting 6.00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall 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 IVW 1st Avenue Delray Beach, Florida 33444 The Ciry 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, Phone• (561) 243-7000 program, or activity conducted by the Ciry. Contact Doug Randolph at 243- Fax• • (561) 243-3774 7127, 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: • May 1, 2007 -Regular Meeting • May 8, 2007 -Special/Workshop Meeting 6. PROCLAMATIONS: A. Recognizing Student Ambassadors: Lindsay Brandt, Whittaker Bullard, Jake Gittelmacher, Tyler Kennedy, Joanna Luo, William O'Connor and Alice Wang B. National Safe Boating Week -May 19 - 25, 2007 7. PRESENTATIONS: A. Historic Preservation Board Awards Recognition B. "Spotlight on Education" -Janet Meeks and Dr. Debbie Kaiser 8. CONSENT AGENDA: City Manager Recommends Approval. A. RE 2UEST FOR SIDEWALK DEFERRAL/1202 CARISSA ROAD: Approve a request to defer the installation of a sidewalk in front of 1202 Larissa Road. B. CONTRACT CLOSEOUT (C.O. N0.1)/REP & ASSOCIATES, INC.: Approve a Contract Closeout (C. O. No. 1) in the amount of $5,322.00 to REP & Associates, Inc. for the water damage remediation at Fire Stations No. 1, 2, 3 and 5. Funding is available from 001-2311-522-46.10 (General Fund/Building Maintenance). C. SERVICE AUTHORIZATION NO. 04-13/MATHEWS_~~SULTING. INC.: Approve Service Authorization No. 04-13 in the amount of $69,611.00 to Mathews Consulting, Inc. for the design of improvements along S.W. 2"d Avenue from S.W. ls` Street to West Atlantic Avenue. Funding is available from 334-3162-541-65.87 (General Construction Fund/S.W. 2"d Avenue/S.W. 1" Street/West Atlantic Avenue) and 448- 5461-538-65.87 (Stormwater Utility Fund/S.W. 2"d Avenue/S.W. 1S` Street/West Atlantic Avenue). 05-15-2007 -2- D. SERVICE AUTHORIZATION NO 6/SPATIAL FOCUS, INC • Approve Service Authorization No. 6 to Spatial Focus, Inc. in the amount of $29,400.00 for developing a plan to unify various utility data sets used in mapping and work order processes for managing the City's utility services. Funding is available from 448-5411- 538-31.90 (Stormwater Utility Fund/Other Professional Services) and 442-5178-536- 63.51 (Water/Sewer Renewal and Replacement Fund/Sewer Mains). E. ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD~ Approve and authorize the Mayor to execute an application for an alternative water supply (AWS) grant from South Florida Water Management District (SFWMD) in the amount of $480,000 (40% of the cost of construction) to provide supplemental funding for the expansion of the Axea 4 reclaimed water transmission system, which will extend the reclaimed water irrigation service to the Del Aire Country Club. F. AGREEMENT/NEW INNOVATIONS/SUMMER ENRICHMENT PROGRAM: Approve an agreement between the Ciry and New Innovations for a Summer Enrichment Program. Funding is available from 001-4105-572-34.90 (General Fund/Other Contractual Services). G. GRANT APPLICATION/PALM BEACH COUNTY INVASIVE VEGETATION REMOVAL PUBLIC LANDS GRANT PROGRAM: Approve a request to apply fora $50,000.00 matching grant from the Palm Beach County Public Lands Grant Program for the removal of invasive non-native vegetation at Leon Weekes Environmental Preserve. H. BASELINE BUDGET SUBMISSION/CHILDREN'S SERVICES COUNCIL OUT OF SCHOOL PROGRAM: Approve authorizing staff to submit the baseline budget funding request for Fiscal Year 2007/2008 to the Children's Services Council of Palm Beach County in the amount of $314,825.00 for the Out of School Program, which includes After School, Holiday/Spring Camp, One Day Camps and Summer Camp. I. AMENDMENT NO 1/INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRAB/REG ARCHITECTS, INC• Approve Amendment No. 1 to the Interlocal Agreement between the Ciry and the Community Redevelopment Agency (CRA) which provides that the City shall agree to pay one half (1 /2) of the cost to the CRA in an amount not to exceed $7,500.00 for additional work to be performed by REG Architects, Inc. on the historic preservation guidelines. J. ADDITIONAL FUNDING/HOMETOWN CONNECTION NEWSLETTER• Approve and authorize additional funding in the amount of $3,500.00 to Pollock Communications and in the amount of $13,700.00 to CM Graphics for the production of the Hometown Connection Newsletter for the remainder of FY 2006-2007. Funding is available from 001-1316-512-34.90 (General Fund/Other Contractual Services) and 001-1316-512-47.10 (General Fund/Printing/Binding Services). OS-15-2007 -3- K. SPECIAL EVENT REQUEST/4`~ OF JULY: Approve a special event request to endorse the 4s' of July Celebration to be held from noon until 12:00 midnight, including a temporary use permit per LDR Section 2.4.6(F~ for the closure of Atlantic Avenue from the east side of N.E./S.E. 6`'' Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard; and to authorize staff support for security, traffic control, barricading, signage, clean up and trash removal, stage set up and use. L. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $31,484.25 to Ray Graeve & Sons Construction, LLC for 421 S.W. 15`'' Avenue. Funding is available from 118-1924-554-49.19 (Community Development Fund/Housing Rehabilitation). M. ~ZUEST TO INCREASE HOUSING REHABILITATION GRANT AMOUNT: Approve a request to increase the original grant amount of $30,303.00 to $33,903.00 in order to address lead based paint abatement for one (1) Housing Rehabilitation project, located at 704 SW 8`s Court. Funding is available from 118- 1963-554-49.19 (Community Development Fund/Housing Rehabilitation). N. rOMMUNITY DEVELOPMENT BLOCK GRANT (CDBG,) SUB- RECIPIENT FUNDING AGREEMENT/BLACKTIP REEF RESTAURANT: Approve and authorize the execution of the funding agreement with sub-recipient, Blacktip Reef Restaurant, under the 2006-2007 Community Development Block Grant (CDBG) Program. O. REOUEST TO AMEND THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2006 - 20071• Approve a request to amend the FY 2006-2007 Community Development Block Grant (CDBG) Annual Action Plan to include $35,000.00 in funding Public Facilities and Improvements in order to make necessary roof repairs to the Caring Kitchen facility. P. PROPOSED BUDGET SUBMISSION/CHILDREN'S SERVICE COUNCIL ~~~)/BEACON CENTER AT VILLAGE ACADEMY: Approve authorizing staff to submit the proposed budget funding request for Fiscal Year 2007/2008 to the Children's Service Council of Palm Beach County in the amount of $827,149.00 for the program and services associated with the Beacon Center at Village Academy. Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period Apri130, 2007 through May 11, 2007. R. AWARD OF BIDS AND CONTRACTS: Purchase award to Delta Petroleum & Industrial, Inc. in the amount of $20,979.00 for the purchase of four (4) fuel dispensers for the Public Works Division and the Police Department fuel sites. Funding is available from 501- 3311-591-64.90 (Central Garage Fund/Other Machinery/Equipment). OS-15-2007 -4- 2. Purchase award to Devland Site Development, Inc. in the amount of $98,000.00 for hauling and reusing the lime sludge from the Water Treatment Plant. Funding is available from 441-5122-536-34.90 (Water/Sewer Fund/Other Contractual Services). 3. Purchase award to E.H. Wachs Company in the amount of $39,500.00 for the purchase of a new Trailer Mounted Hydraulic Valve Exerciser for the Water/Sewer Network Division of Public Utilities. Funding is available from 441-5161-536-64.90 (Water/Sewer Fund/Other Machinery/Equipment). 4. Purchase award to M & W Distributing, Inc. in the amount of $21,597.00 fox the purchase of a Special Events Response Vehicle (BERN) with Advanced Life Support (ALB) capabilities for the Fire Department. Funding is available from 001-2315-526-64.90 (General Fund/Other Machinery/Equipment). 5. Purchase award to Zoll Medical Corporation in the amount of $25,184.00 for a Zoll E Series Lead ECG Monitor/Defibrillator with pacing capabilities, SA02 monitoring, Wave form Capnography and Non-Invasive Blood Pressure monitoring capabilities fox the Fire Department. Funding is available from 001- 2315-526-64.90 (General Fund/Other Machinery/Equipment). 6. Purchase awards to Industrial Divers Corporation in the amount of $34,203.00 to perform the underwater installation of four (4) tideflex check valves at 345 SE 7`~' Avenue at the Intracoastal Waterway and Atlantic Avenue; and Mitchell Valve Products in the amount of $28,298.00 for providing the tideflex check valves. Funding is available from 448-5416-538-46.90 (Stormwater Utility Fund/Other Repair/Maintenance Costs). 7. Bid award to ConServ Building Services in the amount of $78,852.00 for a three (3) year contract for HVAC Chillers and Tracer Units for City Hall and the Delray Beach Public Library. Funding is available from 001-3431-519-46.10 (General Fund/Building Maintenance). 9. REGULAR AGENDA: A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/70 SOUTHEAST 2ND STREET: Appeal of the Historic Preservation Board's decision approving a Certificate of Appropriateness (COA) for construction of a new single- family residence at 706 Southeast 2°d Street, located in the Marina Historic District. (Quasi Judicial Hearing) B. APPEAL OF THE PLANNING AND ZONING DIRECTOR'S INTERPRETATION/PINEAPPLE GROVE WAY CORPORATE CENTER: Consider an appeal of the Planning and Zoning Director's interpretation that a variance is required to allow a generator greater than 4' 6" in the side street for the property located at Pineapple Grove Corporate Center (101 N.E. 2°d Street). (Quasi Judicial Hearing) 05-15-2007 -5- C. WAIVER REQUEST/LAST RESORT SALOON: Consider a request for waiver of Land Development Regulations (LDR) Section 4.3.3(~(2)(a) "Prohibitions by Frequency", which requires a minimal separation of 750' from lot line to lot line for stand alone bars for a bar at the Last Resort Saloon located at 4305 South Federal Highway. (Quasi judicial Hearing) D. MARKETING/SELLING CITY RETAIL SPACES/OLD SCHOOL SQUARE GARAGE: Presentations for three (3) proposals which include Coastal Commercial Group, LLC, Bathurst Laymon Realty Group and Re/max on the sale of the retail space in the Old School Square garage. E. SPECIAL EVENT REOUESTLBAHAMIAN CULTURAL FEST: Consider a special event request to endorse the 1S` Bahamian Cultural Fest sponsored by Ebenezer Wesleyan Methodist Church proposed to be held on Saturday, July 14, 2007 from 11:00 a.m. to 7:00 p.m., on the grounds of Old School Square; authorize staff support for security, traffic control, barricading, trash removal and clean up and EMS assistance; contingent upon sponsor providing a hold harmless agreement. F. SPECIAL EVENT REQUEST/INTERNATIONAL DISTANCE/ TRIATHLON: Consider a special event request for a new event, the "International Distance Triathlon" sponsored by Exclusive Sports Marketing Inc. proposed to be held on Saturday, July 21, 2007 from 5:00 a.m. to approximately noon, and to grant a temporary use permit per LDR Section 2.4.6(F~ for the closure of Atlantic Avenue from the west side of A-1-A to the east side of Salina from noon, Friday, July 20, 2007 to approximately 5:00 p.m., Saturday, July 21, 2007 for the transition area; authorize staff support for traffic control, barricading, and EMS assistance. Staff recommends denial. G. CM AT RISK PRECONSTRUCTION SERVICES/FIRE STATION #4 REPLACEMENT PROTECT: Consider a recommendation to reject the preconstruction services proposal by Catalfumo Construction and authorize staff to proceed with adesign/bid/build construction delivery method for Fire Station #4 Replacement Project. H. CAPITAL IMPROVEMENT FINANCING ALTERNATIVES/SAN MIRRORING SOLUTION: Consider a request to transfer $2,094,486.00 from the Insurance Reserve Fund to the General Construction Fund to provide funding for the construction of the new 3000 square feet Information Technology (IT) Building, City Hall Renovations. and the purchase of SAN Data Storage Package. I. DISCUSSION/FIRST REGULAR COMMISSION MEETING IN JUNE 2007• Discussion regarding the rescheduling of the June 5, 2007 Regular Commission meeting. J. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate member to the Civil Service Board for an unexpired term ending July 1, 2008. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). 05-15-2007 -6- K. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority fox an unexpired term ending July 1, 2009. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). L. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2008. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). M. PALM BEACH/TREASURE COAST 2-1-1 FUNDING REOUEST: Consider a request for funding in the amount of $5,000.00 from Palm Beach/Treasure Coast 2-1-1. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 16-07: Future Land Use Map amendment (small-scale) from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between N.E. 1 S` Avenue and Pineapple Grove Way (N.E. 2°d Avenue). (Quasi Judicial Heating) B. ORDINANCE NO. 18-07: City-initiated amendment to the Land Development Regulations (LDR), amending Section 6.1.2 "Streets and Alleys", Subsection 6.1.2(A), "Improvement Obligations", to correct a reference to an LDR Section that has been relocated elsewhere in the code. C. ORDINANCE NO. 19-07: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the Code of Ordinances of the City of Dekay Beach, Florida, by amending Section 33.687, "Early Retirement Incentive", which allows the City to open early retirement windows for police or fire instead of opening an early retirement window for both. D. RESOLUTION NO 34-07/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/PROPERTIES UNLIMITED GROUP, INC /COMMUNITY REDEVELOPMENT AGENCY/INTERLOCAL AGREEMENT/144 SW 11~' AVENUE: Consider approval of Resolution No. 34-07 authorizing the City to purchase vacant property, located at 144 SW 11~' Avenue, which shall be used fox the construction of additional parking spaces for the Neighborhood Resource Center; and approve Contract for Sale and Purchase between the City and the Properties Unlimited Group, Inc. in the amount of $120,000.00; and approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) providing that the CRA shall fund the City purchase in the amount of $120,000.00 for the vacant property, located at 144 SW 11s' Avenue. 05-15-2007 -7- 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE. 13. COMMENTS AND INQUIRIES ONNON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MAY 11, 2007 OS-15-2007 -8- MAY 1, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 1, 2007. At this point, Mayor Ellis stated she would like to observe a moment of silence for Paulette Fetzer who passed away. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Mayor Rita Ellis. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. McDuffie requested that Item 8.F., Resolution No. 32-07 of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mayor Ellis stated Item 7.E., Palm Beach Workforce Development Consortium Presentation has been added to the Agenda by addendum. Mayor Ellis noted the addition of Item 8.M., Fire Act Grant Application for FY 2007/2008 to the Consent Agenda by addendum. Also, Mayor Ellis noted the addition of Item 9.A.A., Special Event Request/Haitian Flag Day Event to the Regular Agenda by addendum. 05/01/07 Mrs. Montague moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of April 17, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. National Day of Prayer -May 3, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming May 3, 2007 as the National Day of Prayer. Chevelle D. Nubin, City Clerk accepted the proclamation. 6.B. Haitian Heritage Month (Haitian Flag Dayl -May 2007 Mayor Ellis read and presented a proclamation hereby proclaiming the month of May, 2007 as Haitian Heritage Month. Mr. Joe Bernadel came forward to accept the proclamation and made a few brief comments. 6.C. National Preservation Month -May 2007 Mayor Ellis read and presented a proclamation hereby proclaiming May 1, 2007 through May 31, 2007 as National Preservation Month. Ms. Patterson came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 31-07: Recognizing and commending Robert Moreland for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 31-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT MORELAND FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH (The official copy of Resolution No. 31-07 is on file in the City Clerk's -2- 05/01 /07 Mayor Ellis read and presented Resolution No. 31-07 and a plaque recognizing and commending ROBERT MORELAND for thirty years of service. Mr. Moreland came forward to accept the resolution and plaque and gave a few brief comments. Mr. McDuffie moved to approve Resolution No. 31-07, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 7.B. Commuter Challenge Presentation -Sabrina Kirkpatrick, South Florida Commuter Services Sabrina Kirkpatrick, South Florida Commuter Services, 3201 W. Commercial Boulevard, Suite #211, Fort Lauderdale, FL 33309, gave a brief PowerPoint presentation regarding the South Florida Commuter Services and the upcoming challenge. She stated South Florida Commuter Services is a regional commuter assistance program funded by the Florida Department of Transportation. Ms. Kirkpatrick stated it is their goal to provide commuter solutions for businesses, commuters, and municipalities throughout the tri-county area. In observance of Clean Air Month as well as in response to rising gas prices and traffic congestion, South Florida Commuter Services (a program funded by the Florida Department of Transportation) is hosting the third annual South Florida Commuter Challenge on May 17, 2007. The Commuter Challenge urges South Floridians to use alternate transportation methods, such as trains, buses, bikes, carpooling, or even walking, to get to work in order to alleviate traffic. 7.C. S.P.LRLT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Employee Awards Presentation Jo Weaver, ParalegaULegal Secretary, Gerri Bauer, Executive Secretary to the City Manager, and Danise Cleckley, Executive Assistant, presented the following three quarterly S.P.LR.LT. award winners that have provided exceptional service through performance by acting with integrity being responsible taking innovative action and practicing teamwork. - Robert Jones, Jr., Water Treatment Plant Operator Trainee - Charles Furment, Office Automation Analyst/IT - Tard McCoy, Randy Krick, and Eugune Bethea, Sanitation Officers/Code Enforcement Division Jennifer Buce, Litter Prevention Coordinator, came forward and gave a few brief comments. -3- 05/01/07 At this point, Jo Weaver invited the City Commission and the public to the City's Customer Appreciation Day tomorrow morning from 8:30 a.m. -11:30 a.m. sponsored this month by the Planning and Zoning Department. Mayor Ellis stated those stories are so impressive to have happened within a quarter. She stated this is truly what spirit is all about and she thanked the committee for putting this together especially for the employees and their ability to recognize their outstanding efforts. 7.D. Asian Food Fair and Cultural Show Presentation -Rana Hopue and Mohammed Rahman Jahir Mr. Hoque expressed his appreciation to the City of Delray Beach for allowing him to have his event. He noted that Mayor Ellis and Commissioner Montague attended the event. He distributed clocks to Commissioner Fetzer, Commissioner McDuffie, Commissioner Eliopoulos and the City Manager. 7.E. Palm Beach Workforce Development Consortium Presentation (ADDENDUM) Bill Wood. Chairman of the Board for the Palm Beach Workforce Alliance, stated Workforce Alliance is the entity in Palm Beach County that is responsible for providing the businesses and citizens of Palm Beach County with the benefits and services as directed by the State of Florida in their workforce development strategies and is funded through the Workforce Innovation Act of 1998. Mr. Wood stated the law provides them with good responsibilities and also limits them in other areas. He stated one of those limitations is that as an administrative entity, they are not allowed to provide direct services to clients. Mr. Wood stated the purpose of the new model is to maintain the most qualified staff, increase communications with the Board through the Advisory Council and the structure will support increased and better communications pertaining to performance issues. Mr. Wood is requesting that the City of Delray Beach join with two other cities and Palm Beach County in creating aconsortium/agreement. He stated this is an agreement with Palm Beach County, the City of Palm Beach Gardens, the City of Delray Beach, the City of South Bay, and the State of Florida. Mr. Wood stated the City of Delray Beach would select a grant recipient to administer the Workforce Investment Act and the other monies that come down through the State. He stated together with the Workforce Alliance, the City Commission would actually be the ones to approve the Workforce Development Plan and appoint the private sector members of the workforce alliance. Kathryn Schmidt, President/CEO of the Palm Beach County Workforce Alliance, Inc., stated they will purchase liability insurance for this entity and it will be $1 million with a $7 million umbrella or $8 million for coverage. -4- 05/01/07 The City Attorney stated this agreement will be ongoing unless terminated and we will provide a termination provision so that anyone who would like to get out of the agreement can do so upon sixty (60) days written notice. Mrs. Montague asked if the other cities have already committed to this. In response, Ms. Schmidt stated they went to the City of South Bay a few weeks ago and they were to have a meeting; however, they cancelled their meeting. Ms. Schmidt stated all the players are in alignment and she has met with all the Palm Beach County Commissioners. Mrs. Montague inquired about the timeframe. Ms. Schmidt stated June 30, 2007 is the timeframe and noted this needs to go before the Palm Beach County Commissioners on May 9, 2007. Mr. Eliopoulos asked how the cities were selected. In response, Ms. Schmidt stated Commissioner Marcus recommended the City of Palm Beach Gardens and she and Mr. Wood selected Delray Beach because they have a thriving healthy community and Bill Wood being on the Board as Chairman helped. She stated the anchors on each end of the County were really through Board representation and then they went out west to the City of South Bay because they have a very healthy relationship with Mayor Clarence Anthony. Mrs. Montague moved to amend the Agenda to include Item 7.E., seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to approve the Interlocal Agreement with the amendment as specified by the City Attorney regarding the termination provision, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Closeout (C.O. No. 1/Final) in the amount of a $131,966.50 decrease and final payment in the amount of $102,493.85 to Chaz Equipment Company, Inc. for the completion of the Seasage Drive, Melaleuca Road, and Oleander Lane Drainage Infrastructure Improvements Project. Funding is available from 448-5461-538-65.35 (Stormwater Utility Fund/Seasage/Melaleuca/Oleander). -5- OS/O1 /07 8.B. SERVICE AUTHORIZATION NO. 12/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12 in the amount of $63,251.00 to Mathews Consulting, Inc., for professional services related to the Congress Avenue Comdor Infrastructure Capacity Study Project. Funding is available from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services). 8.C. TRANSPORTATION ENHANCEMENT APPLICATION: Approve and authorize staff to submit two (2) applications for the Year 2007 Transportation Enhancement Application Cycle for FY 2012-2013 funding. 8.D. IN-LIEU OF PARKING FEE PAYMENT AGREEMENT/LEMONGRASS RESTAURANT: Consider a request from the landlord of Lemongrass Restaurant to enter into an in-lieu of parking fee payment agreement for two (2) in-lieu of parking spaces. Lemongrass Restaurant is located at 420 East Atlantic Avenue. 8.E. IN-LIEU OF PARKING FEE PAYMENT AGREEMENT/MELLOW MUSHROOM (FKA VITTORIO'S) RESTAURANT: Consider a request from Mellow Mushroom Restaurant to enter into an in-lieu of parking fee payment agreement for seven (7) in-lieu of parking spaces. Mellow Mushroom Restaurant is located at 25 Southeast 6th Avenue. 8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.G. SPECIAL EVENT REQUEST/10TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the lOt Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on May 26 and May 27, 2007 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, to provide staff support for traffic control and security, barricading and fire inspection services. S.H. AGREEMENTS/GENERAL CIVIL ENGINEERING CONSULTING SERVICES: Approve and authorize the Mayor to execute agreements with Kimley- Horn & Associates, Mathews Consulting, Mock-Roos & Associates and the Wantman Group for Engineering Consulting Services for two (2) years, with the right to renew for three one year renewals; subject to review and approval by the City Attorney. 8.I. EXTENSION/GALLAGHER BASSETT SERVICES CONTRACT: Approve a one (1) year extension to the Gallagher Bassett Services Contract for the period of October 1, 2007 to October 1, 2008. 8_J. FIRST AMENDMENT/INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve a First Amendment to the Interlocal Agreement with Palm Beach County Criminal Justice Commission to extend the current agreement for an -6- 05/01/07 additional five (5) months until September 20, 2007; and Palm Beach County will provide additional funding in the amount of $50,000.00 in support of the City of Delray Beach Weed and Seed "seeding" efforts. 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 16, 2007 through Apri127, 2007. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to All Florida Rust and Water, Inc. at an estimated annual cost of $34,000.00 for anti-rust chemicals for the City Irrigation System. Funding is available from 119-4144-572-52.21 (Beautification Trust Fund/Chemicals). 8.M. FIRE ACT GRANT APPLICATION FOR FY 2007/2008: Approve a Fire Act Grant Application in the amount of $87,148.00 for funding to purchase new All Terrain Vehicles (ATV's) and associated EMS equipment for the Fire-Rescue Department. If the grant is awarded, a 20% match in the amount of $21,786.00 from the City will be required (FY 2007/2008 Budget). Mrs. Montague moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - 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 of the Agenda. 10. PUBLIC HEARINGS: 10.A. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC: Consider approval of a developer's agreement with Cannery Row, LLC regarding the purchase and use of the Community Facility Property and the dedication of the Park Property located at the S.E. corner of the project in the Cannery Row Development. Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Brian Shutt, Assistant City Attorney, stated since this item was before the Commission on March 20, 2007, there have been a few minor changes in the proposed agreement. The changes reflect other options than just purchasing the unit. The second option is to purchase the land for $200,000.00 and the third option is to not purchase the unit or the land. -7- 05/01 /07 Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Developer's Agreement for Cannery Row, LLC, the public hearing was closed. Mrs. Montague inquired about the status of the northern end park. In response, Mr. Shutt stated under the terms of this agreement the northeast parcel will be dedicated to the City of Delray Beach and we will waive park impact fees in the amount of approximately $40,000.00. The City Attorney stated the northern park will be dedicated to the City of Delray Beach notwithstanding what we do with the unit 12 issue. She stated if the City decides not to go ahead with the purchase of unit 12 or the community art space, the City will still have the northern park area and have the opportunity to also purchase the land for $200,000.00 if the Commission decides not to go ahead at some future time with the building for a little park green area as well. Or, the City Attorney stated, the Commission may decide to not do any of the above except the City would have the dedicated park land. Mr. Fetzer stated if the Commission decides to take the last option and does not purchase this at all has there been a discussion with the developer as to how this would impact the proposed development. Mr. Shutt stated under the terms of this agreement, if the City did not purchase anything, the zoning would stay in place and they would be able to build without the commercial component. Mrs. Montague asked Mr. Shutt to briefly review the recommendations of the Creative City Collaborative. Mr. Shutt stated the Creative City Collaborative recommended that the developer should donate the northeast parcel without the waiver of the impact fees and that the southeast parcel where the unit will be to go ahead and purchase that but only at a maximum cost of $330,000.00 not $530,000.00. David Schmidt, Attorney representing Cannery Row, LLC, stated the Commission passed the LDR amendment in October 2006 and he has been working diligently with City staff since that time to come up with the developer's agreement and negotiate the terms of the purchase and sale contract. Mr. Schmidt stated they have mad extensive revisions to the homeowner's declaration to try and accommodate to move forward this community facility unit. Mr. Schmidt suggested that the Commission continue on the path that they have been working with staff on and accept the contract and the developer's agreement with the three options; then, in two years when it is time for the City to make a decision, the Commission will be in a better position to make that decision at that point. Mr. Fetzer asked for clarification regarding the three options and asked if these options could be left in the contract as they are tonight but the Commission would not be committed and asked at what point the Commission would have to make that decision. In response, Mr. Schmidt stated the three options are in the purchase and sale contract. The developer's agreement states that the purchase and sale contract has to be -8- 05/01/07 executed within 120 days of the approval of the developer's agreement. The contract provides that 60 days before the developer is ready to apply for a building permit for this unit he notifies the City of Delray Beach and the Commission has 60 days to make their election (buy the unit, buy the land, or not proceed at all). Mr. Schmidt stated based on current economics, the developer anticipates that it will by 2009 when he would move forward to construct the building. Brief discussion between Mr. Schmidt and the City Attorney continued. Mr. McDuffie moved to approve the developer's agreement with Cannery Row, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 14-07: City initiated amendments to the Land Development Regulations Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs; (H)(9), "Window Signs", to provide clarification regarding size of signs; and (H)(10), "Temporary Signs", to prohibit temporary non-commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for removal. The caption of Ordinance No. 14-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 78-06 BY AMENDING SUBSECTIONS 4.6.7(H)(8}, "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY AND PROVIDE TIME LIMITS FOR REMOVAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -9- 05/01/07 Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 14-07, the public hearing was closed. Prior to the vote, Mr. Fetzer stated there was an issue discussing some new technology in the real estate industry and asked if this has been rectified. Mrs. Montague stated Mr. Fetzer was not at the last meeting where the City Attorney discussed this with the Realtor's Association and this has been rectified. Mrs. Montague moved to adopt Ordinance No. 14-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 17-07: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", providing for direct rollovers to an individual retirement account by anon-spouse beneficiary. The caption of Ordinance No. 17-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING FOR DIRECT ROLLOVERS TO AN INDIVIDUAL RETIREMENT ACCOUNT BY A NONSPOUSE BENEFICIARY; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 17-07, the public hearing was closed. -10- 05/01/07 Mr. McDuffie moved to adopt Ordinance No. 17-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -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 Manager's response to prior public comments and inquiries. None. 11.B. From the Public. 11.B.1. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, stated he fully supports the new Commission and wishes them much success. Mr. Smith read a brief statement into the record and stated he believes the Commission will base their decisions not on personal goals or ambitions but on what is best for the City of Delray Beach. Mr. Smith stated he hopes the Florida Legislators will soon come to their senses about the drastic reductions that they propose. 11.B.2. Matthew Grabham, 350 S.E. 7th Avenue, Delray Beach (Marina District asked for clarification on the direction given for a Workshop to be held on the proposed changes regarding the LDR's. He stated he heard this meeting is tentatively scheduled for Friday, May 11, 2007 and asked if there will be public participation. Mr. Dorling stated staff is going to be meeting with a representative from REG to go over the format. At this point, the direction from the Commission was that the design professionals take the ordinance and proof it which did not necessarily include a public input section. He stated the public is welcome to attend and design professionals are working with the ordinance. The City Attorney stated this will be a public meeting and open to the public. Mayor Ellis asked if Mr. Grabham could put his comments in writing and direct his comments to the committee for consideration. Mr. Dorling reiterated that this is the design professionals analyzing and working with the ordinance. The City Manager stated public comments are always welcome and staff is glad to receive them and make them part of the record for review by the Commission and others that maybe involved. Mr. Dorling stated the meeting will be held on Friday, May 11, 2007 from 11:00 a.m. - 2:00 p.m. at the Tennis Center. 11.B.3. David Hawke. Hawke & Associates Architects. 121 Leather Lane. Delray Beach (Code Enforcement Board Chairperson), stated there was a recent case where someone approached the Code Enforcement Board and asked for a refund in the amount of approximately $3,000.00 expended for closing on his house due to a lien against his home because of a Code Enforcement issue. Mr. Hawke stated he requested -11- 05/01/07 that the Code Enforcement Board refund the $3,000.00 to him because he paid this amount at closing. The Code Enforcement Board advised him that they could not write him a check for that amount of money and he with legal counsel could approach the Board to ask for his money back and also advised him that he should have come to the Code Enforcement Board earlier before spending the money at the closing table. The City Attorney stated typically if someone is going to close and they want to seek a reduction in that amount they come to the Code Enforcement Board before a closing. If not, they pay at closing because these are the City's costs in remedying the problem. The City Attorney stated this is not to say that in a hardship case someone may come before the Board for some different resolution; however, she does not recall it ever being granted. At this point, the time being 7:26 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 16-07: Future Land Use Map amendment (small- scale) from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between N.E. 1St Avenue and Pineapple Grove Way (N.E. 2"d Avenue). If passed, a second public hearing will be scheduled for May 15, 2007. The caption of Ordinance No. 16-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CC (COMMERCIAL CORE) IN PART AND OMU (OTHER MIXED USE) IN PART; TO OS (OPEN SPACE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT} IN PART AND OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED APPROXIMATELY 180 FEET NORTH OF EAST ATLANTIC AVENUE, BETWEEN -12- 05/01/07 NE 1sT AVENUE AND PINEAPPLE GROVE WAY (NE 2ND AVENUE), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a small scale Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between N.E. 1St Avenue and Pineapple Grove Way (NE 2°d Avenue). The subject property contains approximately 1.34 acres and includes a 16 foot north/south alley which bisected the property and has been recently abandoned. The property currently accommodates the public parking lot owned by the Community Redevelopment Agency (CRA) and an office building. The proposed changes are being sought to accommodate the proposed new urban park as neither the current CBD nor OSSHAD zoning allow parks as either a permitted or conditional use. At its meeting of April 16, 2007, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony and staff is recommending approval at this time. Mr. Dorling stated this was one of the conditions of the state grant and the City of Delray Beach received $1 million for the development of this park and one of the conditions was that the appropriate zoning and land use be placed on the property. Mrs. Montague moved to approve Ordinance No. 16-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 18-07: City-initiated amendment to the Land Development Regulations (LDR), amending Section 6.1.2 "Streets and Alleys," Subsection 6.1.2(A), "Improvement Obligations," to correct a reference to an LDR Section that has been relocated elsewhere in the code. If passed, a second public hearing will be scheduled for May 15, 2007. The caption of Ordinance No. 18-07 is as follows: -13- 05/01/07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 6.1.2, "STREETS AND ALLEYS", SUBSECTION 6.1.2(A), "IMPROVEMENT OBLIGATIONS", TO CORRECT THE REFERENCE TO AN LDR SECTION THAT HAS BEEN RELOCATED ELSEWHERE IN THE CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated on March 16, 1999, the Commission passed Ordinance No. 12-99 to clarify the requirement that all improved lots be accessed from a paved street, road or alley. As part of that amendment, there were sections of the code that were removed and there was an incorrect reference left in the ordinance. This is a scrivener change at this time to correct that. At its meeting of April 16, 2007, the Planning and Zoning Board considered this request and recommended approval with a 4 to 0 vote. Mr. Eliopoulos moved to approve Ordinance No. 18-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 19-07: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 33.687, "Early Retirement Incentive", which allows the City to open early retirement windows for police or fire instead of opening an early retirement window for both. If passed, a second public hearing will be scheduled for May 15, 2007. The caption of Ordinance No. 19-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIltE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.687, "EARLY RETIREMENT -14- 05/01 /07 INCENTIVE"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Montague moved to approve Ordinance No. 19-07 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:32 p.m., the Commission moved to Item 9.A.A.A. of the Regular Agenda. 9. REGULAR AGENDA: 9.A.A.A. RESOLUTION NO. 32-07: Approve Resolution No. 32-07 declaring an official intent with respect to reimbursement of temporary advances made for capital expenditures to be made from subsequent borrowings. The City will be reimbursing expenses relative to various parks, the Old School Square Parking Garage, a new Environmental Services Building and the Intracoastal Park from a Utility Tax Bond Issue. The caption of Resolution No. 32-07 is as follows: DECLARATION OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS. (The official copy of Resolution No. 32-07 is on file in the City Clerk's office.) Joseph Safford, Finance Director, stated that the purpose of Resolution No. 32-07 is for the City of Delray Beach to comply with IRS regulations for the upcoming bond issue. Mrs. Montague inquired as to whether Mr. Safford is referring to ongoing projects. In response, Mr. Safford stated this is for ongoing projects and/or projects that have already been completed. Mr. McDuffie confirmed with Mr. Safford that this is for debt incurred after the expiration prior to the bond. Mr. Safford stated this will bridge the 60 day period and once this declaration is passed, then the Commission can take their time discussing the bond issue and decide whether or not to pass a portion of the bond or the -15- 05/01 /07 entire bond issue. Mr. Safford stated the 60 day period goes retroactive so in other words anything incurred past March the City intends to replenish those funds with bond monies. The City Manager stated the City will receive up to a maximum of $3 million for capital expenditures incurred. Mr. McDuffie moved to approve Resolution No. 32-07 (declaring an official intent with respect to reimbursement for capital expenditures), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.A.A. SPECIAL EVENT REQUEST/HAITIAN FLAG DAY EVENT: Approve a special event request to endorse the Haitian Flag Day Celebration sponsored by Toussaint L'Ouverture High School on May 18, 2007 from 3:00 p.m. until 8:00 p.m., in the parking lot adjacent to the school site; authorize staff support for security, traffic control, barricading, trash removal and clean up, use and set up of small stage; and contingent upon sponsor providing a hold harmless agreement. Robert A. Barcinski, Assistant City Manager, stated this is a request from Toussaint L'Ouverture High School to endorse the Haitian Flag Day Celebration on May 18, 2007 from 3:00 p.m. until 8:00 p.m. Mr. Barcinski stated originally they requested use of the small City stage, authorization of staff support for security and traffic control, trash removal and clean up and to provide financial assistance. Mr. Barcinski commented that the small stage is already committed that evening for the Bed Race. Therefore, Mr. Joseph Bernadel is requesting to use the large stage (the new stage) which will add overtime costs. With regard to the large stage, the City has an administrative policy regarding mandatory rental charges of $1,500.00 be paid (for the new stage with the sound equipment, the lighting and the generator). Mr. Barcinski stated the stage can be set up during the day; however, staff will have to be on- site because of the sensitive equipment; and the stage will have to be taken down the same evening (this would increase the overtime costs). Estimated overtime costs for this event will be approximately $3,000.00 plus stage rental of $1,500.00, which the City Commission would have to consider waiving because of the stage requirement to keep staff on site and to take the stage down that same evening. Prior to the vote, the City Manager suggested that staff look into the possibility of renting a stage for less than the cost of what it would cost to set up the large stage. Mr. Barcinski stated the overtime costs are connected to the large stage. He noted staff would look into a stage rental to see how it compares to the City's overtime for stage set up. Brief discussion continued regarding the timeframe of this item. -16- 05/01/07 Mrs. Montague moved to approve for City services as recommended by staff; and substitute with a large stage and that the overtime will be higher, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:46 p.m., the Commission moved to Item 9.J. of the Regular Agenda. 9.J. AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI, INC.: Approve an agreement between the City and Delray Beach WI-FI, Inc. At this point, Mr. McDuffie stepped away from the dais. Steve Wallace, Attorney for Delray Beach Wi-Fi, introduced Carol Roberts. The City Attorney stated staff had a meeting with the Chamber of Commerce Technology Committee and they brought up some good points and clarified the agreement to make sure that they provide new computers not re-conditioned computers. Also, she stated in light of comments expressed by Commissioner McDuffie, the Chamber of Commerce Technology Committee will also provide 802.11 b/g networking devices and they will also do "a". They will upgrade the free services as well as the other in a mariner that is consistent with city-wide Wi-Fi's. The City Attorney thanked the Technology Committee for making it a better agreement. Mayor Ellis stated she spoke with the members of the Chamber of Commerce Technology Committee and feels it went very harmoniously. Mr. Fetzer stated since he was unable to attend the last meeting when this was brought up, he noted that he felt we had a very good resources with the Chamber of Commerce Technology Committee to review this. He stated he has received the report back from the Chamber of Commerce Technology Committee and is satisfied that they have made good suggestions. Mrs. Montague moved to approve the agreement between the City of Delray Beach and the Delray Beach Wi-Fi, Inc., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:49 p.m., the Commission moved to Item 9.A. of the Regular Agenda. 9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/238 SOUTHEAST 7 AVENUE: Appeal of the Historic Preservation Board's decision approving a Certificate of Appropriateness (COA) for construction of a -17- 05/01 /07 two-story garage/guest suite addition at 238 Southeast 7th Avenue, located in the Marina Historic District. (Quasi-Judicial Hearing) dais. Mr. Eliopoulos declared a conflict of interest and stepped down from the Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent quasi judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis 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 #2007-098 into the record. Mr. Dorling stated this is a consideration of appeal for an approval that was given by the Historic Preservation Board (HPB) on March 21, 2007 for the construction of a new two-story garage located at 238 Southeast 7th Avenue. He stated this was approved with conditions. Mr. Dorling stated the staff report noted that the development proposal was not consistent with either the development patterns of accessory structures within the historic districts nor the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, or the Secretary of Interior's Standards for Rehabilitation. Staff's recommendation to the Historic Preservation Board was denial of the application. Mr. Dorling stated on April 3, 2007, the City Commission appealed this item. In 1998, the Historic Preservation Board (HPB) approved the construction of a two-story addition to the northeast corner of the structure. The applicant proposed an addition for atwo-story garage and a guest suite. Staff's solution was to look at placing the addition to the rear of the structure rather than the front. Staff was unable to make required findings of LDR Section 4.5.1(E)(7) and 4.5.1(E)(8). Warren Adams, expert witness of Historic Preservation for the City of Delray Beach, briefly discussed his credentials and entered his resume into the record. He stated the application is to build an accessory structure to the front of the historic structure. He made reference to LDR Section 4.5.1(E)(7) which states "The construction of new buildings or structures, or major repair or maintenance of anon-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing contributing building. Any material change in the exterior appearance of any existing non-contributing building, structure, or appurtenance in a designated configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site." -18- 05/01/07 He also made reference to 4.5.8(b), Front Facade Proportion, which states "The front facade of each building or structure shall be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a historic district." Mr. Adams stated the principal structures along the west side of Southeast 7th Avenue are significantly set back from the street. However, there are no other accessory structures situated toward the front of the historic buildings. Mr. Adams stated the proposal has a garage door facing out onto the street and while there may be garages to the front of the property, the garage doors generally face to the side and do not face onto the street. The suggestion to put the addition to the rear would allow any garage to be accessed from the alleyway at the back. The City's Historic Preservation Planner recommends denial and Mr. Adams stated he does not feel this application meets the LDR's, the Delray Beach Design Guidelines or the Secretary of Interior's Standards. The City Attorney noted that staff is going to accept Mr. Adams' resume and the two items he selected and make them part of the record. Mr. McDuffie asked who grants the exemption on these properties. Mr. Adams stated the one would have been granted by Palm Beach County. David Schmidt, Attorney representing the Applicant, gave a brief PowerPoint presentation regarding the Dietrich residence. Mr. Schmidt stated this is a unique property and the original house was approximately 1,000 square feet and was built in the 1930's and relocated in the 1940's. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Michelle Messingschlager, 242 S.E. 7th Avenue, Delray Beach, (next door neighbor), supports the garage being out front and if they were to put the garage in the back it infringes on her property. She stated if the garage is put into the backyard this will create another two-story building looking into her yard. Matthew Grabham, 350 S.E. 7th Avenue, Delray Beach (Marina Historic District) stated he is very familiar with this property because he walks by it frequently. He stated he reviewed the document which explains how City Board's are responsible for managing the LDR's and what the Historic Preservation Board (HPB) is all about. He stated as someone who lives in the district he will be impacted by this decision and supports the HPB. Mr. Grabham urged the Commission to give this fair consideration and take the unanimous views of the HPB into account and support their decision. Steve Harsnett, 405 S.E. 7th Avenue, Delray Beach, stated he feels aesthetics is an individual taste and noted if comparing the two presentations one was done two dimensional and another was done three dimensional. He stated he attended the -19- 05/01/07 Historic Preservation Board (HPB) meeting of March 21, 2007 and one of the comments made was aesthetically the Board agreed that this complimented the house. In addition, Mr. Harsnett stated many comments were made about the towering three-story townhouses that are immediately behind these properties on Federal Highway. He stated the proposal by REG and the City is not a workable solution but that this exception is not only more workable and more functional but one that compliments the aesthetics of the street. He commented that there are many homes in the historic area that are in very bad need of repair. Mr. Harsnett stated this house is well maintained and feels that these homeowners are trying very hard to provide aesthetic value to this neighborhood and compliment the City of Delray Beach. Anita Dietrich, 238 S.E. 7`h Avenue, Delray Beach (owner), stated she did not seek a tax exemption but worked with Pat Cayce who strongly encouraged her to do this. Ellen Key, 321 S.E. 7`h Avenue, Delray Beach, supports her neighbors regarding the addition to their home and noted they have worked on this for over a year to resolve this issue. She stated in her opinion REG's study is not functional for her neighbors. Mrs. Key stated this house is a home and she urged the Commission to let them live there. Gregory Mermigas, 405 S.E. 7`h Avenue, Delray Beach, stated he passes the Dietrich's house daily and he admires their home and the addition. He stated the addition has blended in very nicely and to the untrained eye looks like any historic house. Mr. Mermigas stated the Dietrich's family is growing and they need the extra space and to deny them is not the spirit of Delray Beach. He urged the Commission to approve everything the way it was and not restrict the Deitrich's from building the way they would like to and forcing them to build in the alley. Eric Price, 340 S.E. 4`h Avenue, Delray Beach (lives south of the Dietrich's property), stated he too passes the property daily whether he is driving, walking, or running and it is virtually impossible to see the historic wall and window unless you stand on the property itself. He stated what the City is proposing is unreasonable considering a growing family is living there and they have been passionate about taking care of their historic property. Mr. Price suggested that Commission come up with a more workable solution while preserving the historic nature of what is left there (window and wall). Livia Landry, 701 North Swinton Avenue, Delray Beach (Del-Ida Historic District), stated it is important to discuss the merits of the application of what is being proposed by the owner and not what is proposed by REG Architects since it was a case study. She feels we need to take responsibility for our historic building stock and take the responsibility to protect the character and integrity of the districts. Mrs. Landry stated based on the staff report and the expert testimony it is clear that this is an inappropriate addition. She made reference to the designation report of 1988 in the Marina Historic District (Section 4 -the Fontaine Fox Cottages) and stated 238 S.E. 7`h -20- 05/01/07 Avenue is one of the cottages. Furthermore, she stated it was built in 1937 and was designed by architect John Volk. She stated this house has some historic significance and it is important that everyone take this into consideration. Mrs. Landry stated there are other alternatives and options that can be presented and commented that that City Commission and the City staff are not here to design the house for the Dietrich's and urged everyone to stick to the merits in the staff report and the design that is being proposed. Chuck Key, 321 S.E. 7th Avenue, Delrav Beach, inquired as to why we have a Historic Preservation Board and stated it upsets him as a homeowner in the Marina Historic District to have a Board that makes all these recommendations and then for one reason or another it gets appealed. He urged the Commission to let the Dietrich's build their one-car garage with a room over it for their four children. Francisco Perez-Azua, 4415 Regal Court, Delrav Beach (local Architect), stated REG Architects proposed addition that staff is suggesting causes destruction to the authentic home as opposed to the applicant's addition which is completely detached. He stated if the garage were built in the back of the home, this would drastically destroy the home and create a canyon effect in the alley with the three- story townhouses. Also, Mr. Perez-Azua stated now this tall addition would be five feet away from the property line (approximately 20 feet away from the townhouses). Shannon Dawson, 527 North Swinton Avenue, Delrav Beach (Del-Ida Historic District), stated adaptive reuse is supposed to be the key in these historic districts and feels there are very few options for the Dietrich family. She stated REG's proposal is completely non-functional and destroys the integrity of the home and then there is something else proposed by a local architect. Mrs. Dawson stated people have to live in these homes and they are trying to preserve the integrity of the home. She commented that many decisions by the HPB have been appealed and is not sure if the main goal is historic preservation if these buildings cannot be lived in. Dan Dietrich, 238 S.E. 7th Avenue, Delrav Beach (owner), stated even with the addition his home is still the farthest house back. He stated if he cannot build in front that is 60% of his property that he cannot use. Mr. Dietrich stated this is a unique piece of property and noted if the house was all the way in the front then the garage would be in the back but they are working with what they have. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. There was no cross examination. The following individuals gave brief rebuttals: -21- 05/01/07 Mr. Adams made reference to Mrs. Key's comments and stated he did not state that there were no garages to the front. Mr. Adams clarified that he stated there are garages to the front but generally the doors face sideways and the garage doors do not face the front of the property. Mr. Schmidt entered his copy of the PowerPoint presentation into the record and the City's guidelines which are proposed at this point are a combination of several parts of the Secretary of Interior's Standards. He stated the Secretary of Interior's Standards make a differentiation between an addition and an accessory structure. He stated the Secretary of Interior's Standards talks about locating the garage to the rear or side; he noted that this is a separate free standing accessory structure. Mr. Schmidt noted the guidelines are proposed at this point and are not binding. He urged the Commission to defer to the Secretary of Interior's Standards which do make the differentiation between accessory structures and attached additions. Brief discussion followed by the Commission. 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. Fetzer moved to approve the Board Order as presented (uphold the Historic Preservation Board decision and therefore the appeal is denied), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.B. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/706 SOUTHEAST 2 STREET: Appeal of the Historic Preservation Board's decision approving a Certificate of Appropriateness (COA) for construction of a new single-family residence at 706 Southeast 2°d Street, located in the Marina Historic District. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he has met with the developer, the attorney, and the architect. Mrs. Montague stated she has met with Mark Krall, Francisco Perez-Azua and the applicant. In addition, Mrs. Montague stated she has taken a site visit and has emails with some recommendations which she has forwarded to the City Clerk. Mr. Eliopoulos stated he received an email from the developer and he declined to meet. Mr. Fetzer stated he met with Attorney Mark Krall, Architect Francisco Perez-Azua, and the applicant. Mr. Fetzer stated he also received one email that he will forward to the City Clerk. Mayor Ellis stated she received one email and did not meet with anyone because she was on vacation. -22- 05/01/07 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-070 into the record. Mr. Dorling stated this is a consideration for an appeal of the Historic Preservation Board's (HPB) decision made on March 21, 2007. The HPB approved a Certificate of Appropriateness (COA) for the new construction of asingle-family residence located at 706 S.E. 2"a Street based on findings with the Comprehensive Plan criteria in LDR Sections 4.5.1(E)(4), (E)(7), and (E)(8). Mr. Dorling stated the Delray Beach Historic Preservation Guidelines are in effect and are not the proposed design guidelines by REG but are adopted and approved and all development needs to be consistent with them. Staff did not find it in compliance with the Comprehensive Plan nor these approved design guidelines. The proposal is for construction of a new 11,709 total square foot (8,129 under a/c) two-story, single-family residence located at 706 S.E. 2°a Street. Staff noted that the development was not consistent with the established structures within the 200 block of S.E. 7th Avenue or the historic structures within the district. Staff made a finding that the proposed house is not compatible with respect to scale and mass. Therefore, staff recommends denial. Mr. Dorling stated this was appealed by Claudia Willis and Cheryl Jones. Warren Adams, representing Claudia Willis and Cheryl Jones (the appellants), briefly discussed his credentials and submitted his resume into the record. Mark Krall, Agent for the project, submitted letters of support from neighboring property owners who may not be present this evening into the record. Francisco Perez-Azua Architect gave a brief PowerPoint presentation for 706 Southeast 2° Street. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Matthew Grabham, 350 S.E. 7th Avenue, Delrav Beach (Marina Historic District), entered the Secretary of Interior's Standards into the record, and stated Mr. Adams mentioned the Secretary of Interior's Standard for Rehabilitation and noted that rehabilitation has to do with restoring a historic building. He does not feel it is appropriate for Mr. Adams to quote the Secretary of Interior's Standards in this case and briefly discussed new construction. He stated this lot is approximately 24,000 square feet and the lot is incompatible with the rest of the district. Mr. Grabham stated this is a unique lot because it does not have a contributing structure on it and is known as a "flag lot" because it is not visible from the street. He urged the Commission to allow this project to go forward. Dan Sloan, 106 S.E. 7th Avenue, Delrav Beach, speaking on behalf of Claudia Willis, entered his resume and credentials into the record. He stated he does not feel it is appropriate to replace a 2,100 square foot building which was previously - 23 - OS/01/07 demolished with an 11,000 square foot residence. The FAR is between two and five times the intensity level of surrounding homes. Mr. Sloan stated it is totally out of scale with the neighborhood. Mr. Sloan quoted from the Planning and Zoning staff report that "a structure of this size has the possibility of creating a domino affect of larger development within the 200 block of S.E. 7tn Avenue as is happened in the 300 block." He urged the Commission to not approve this over scale project and suggested that a visual compatibility study be employed as described in the design guidelines to come up with a home that is more in scale with the historic district context. Steve Harsnett, 405 S.E. 7th Avenue, Delray Beach, stated throughout this process and regarding this project and others in the Marina Historic District it seems as though it is an "us" versus "them" mentality. He stated he does not feel that anyone is all pro-development or all pro-preservation of properties that are not contributing. However, Mr. Harsnett stated it seems like the tasks that were put before these architects were to develop a property that would conform to the current guidelines and be able to meet the more stringent test of the proposed guidelines. He stated by taking away some of the elements that were under the proposal to meet the 40% would also take away from much of the character. Mr. Harsnett stated he likes the design of the property and because of the large lot size and the unique position of this lot where it has waterfront frontage, he feels it is compatible and meets the proposed as well as the current guidelines. Chuck Key, 321 S.E. 7th Avenue, Delray Beach, expressed concern that it is alright if you have a small lot and you're at 29% and you can build 3,000 square feet but when you have a total square footage of 11,000 square feet everyone gets all upset. Mr. Key stated it is upsetting to him that the appellant does not want to see change; however, when it concerns their property they can do whatever they want. He urged the Commission to support this and see it as fitting within the guidelines of their lot coverage and not as a big house that is going to destroy Delray. Jean Deponte, 24 Marine Wav, Delray Beach (Marina Historic District stated an 11,000 square foot house is massive. She expressed concern that if something of this magnitude is allowed it could set a precedent. Ms. Deponte stated she hopes that in the interest of preserving the integrity of the Marina Historic District that everyone comes to some reasonable agreement on this property. Andy Katz, 220 S. Ocean Boulevard, Delray Beach, speaking on behalf of the Beach Property Owner's Association, expressed concern over the loss of historic places and feels this will set a precedent for historic districts throughout the city. Carolyn Patton, 1020 Tamarind Road, Delray Beach and a property owner at 60 Marine Wav (Marina Historic District), stated this 11,700 square foot mega house with a five car garage is clearly not appropriate in the Marina Historic District. She noted that the presentation that was given by the developers in front of the HPB was misleading in that the elevation that was shown was just the west elevation which does not show the massing of the house on the lot. She stated this proposal does -24- 05/01/07 not meet the City's LDR's for compatibility in a historic district. Ms. Patton urged the Commission to grant this appeal and have this house brought into compliance with the City's LDR's. Ellen Key, 321 S.E. 7th Avenue, Delray Beach, briefly discussed lot coverage and stated this is a unique lot being that it is an intracoastal lot. She stated this will be compatible with the other houses on the intracoastal. Noel Smith, 49 Palm Square, Delrav Beach, briefly discussed the homes and lots in the Marina Historic District and stated he would like to see more of the greenery kept as much as we can. Grey Mermisas, 405 S.E. 7th Avenue, Delrav Beach, lives three doors down from 325 which is a house that has been questioned as being out of character for the neighborhood. He stated the house is beautiful and feels it enhances the street. Mr. Mermigas stated regarding the subject property (706 S.E. 2°d Street) all the directly impacted neighbors seem to approve. He stated the house near him that was torn down was anon-contributing dilapidated house and the house that has been demolished on the subject lot was also dilapidated. He stated although the proposed home is large he feels it is an improvement for the neighborhood. Mr. Mermigas urged the Commission to reject the appeal. Joann Peart, 107 N.W. 9th Street, Delrav Beach, stated when this 11,000 square foot house was approved, this is one of the rare times where she was absent from the HPB meeting. She does not understand how the HPB approved a home of this size in a historic district. Mrs. Peart stated it started in the Del-Ida Park Historic District because a builder wanted to build houses twice the size of the little cottages surrounding his property and to justify it he pointed to the two newest houses on the next street and the largest one in the entire district. She stated if this pattern continues the historic districts will be unrecognizable and will eventually no longer exist. Mrs. Peart urged the Commission to protect the property rights of those individuals who bought in the historic districts knowing they would be protected. Shannon Dawson, 527 North Swinton Avenue, Delrav Beach (Del-Ida Historic District), stated she was at the meeting when this project was reviewed and noted there was a lot of detail about the project. She urged the Commission to not only consider the overall square footage but to also consider the massing. Livia Landry, 701 North Swinton Avenue, Delrav Beach, stated to say because this project cannot be seen from S.E. 7` Avenue or S.E. 2n Street or that it does not have a streetscape because it is not on one of these streets means that it should be treated differently and therefore should not be subject to the same rules and regulations that any other structure or project should be subject to is ludicrous. She stated the LDR's are specific with regard to new construction. Mrs. Landry stated inappropriate large scale development in the historic districts prompted a six month moratorium because the HPB felt that they did not have the tools necessary to make the proper decisions when dealing -25- 05/01/07 with these large scale projects. She stated she is an advocate for historic preservation and appropriate development. There was no cross-examination. The following individuals gave a brief rebuttal: Paul Dorling, Director of Planning and Zoning, stated the Delray Beach Historic Preservation Guidelines are the design guidelines that are adopted and approved and are not the proposed design guidelines by REG. He stated all development needs to be consistent with the Delray Beach Historic Preservation Guidelines. Mr. Dorling the proposed addition includes a total square footage of 11,709 square feet that reflects 8,129 square feet under air for a new two-story residence at 706 S.E. 2°d Street. He stated the development is not consistent with the established structures within the 200 block of S.E. 7ch Avenue nor the historic structures within the district. Mr. Dorling stated the property previously contained a contributing 2,163 square foot one-story structure that was demolished in 2005. As part of that deliberation by the Historic Preservation Board, there was specific language that said that the design of the new dwelling will be required to meet strict historic preservation design guidelines to ensure compatibility with the design and massing in relation to the surrounding areas. Mr. Dorling stated this was conveyed to the applicant when he demolished the one-story house. He stated the proposed house is almost three times the size of the largest house in the immediate vicinity. He made reference to the matrix in the Planning and Zoning staff report and noted that the mass of this structure clearly outweighs that of the surrounding buildings. Warren Adams, member of the Palm Beach County Historic Resources Review Board, briefly discussed the Marina District floor to area ratio and noted that this has been considered successfully in previous appeals. He stated the largest historic property in the district is located at 219 S.E. 7th Avenue and this is a total square footage of 5,656 square feet. However, that property has been added to over the years. Mr. Adams stated the subject property at 11,709 square feet has a total floor to area ratio of 52% and the average for the district is 25% which is more than double the floor to area ratio for the Marina Historic District. In the LDR's or the guidelines there is no provision for unique lots. Also, he stated regardless of whether the property can be seen or not from the roadway there is no provision for properties that cannot be seen from the roadway in the LDR's or the Design Guidelines. Mr. Adams stated even if the massing has been addressed, there has been no address of the building size and it is specifically stated in the LDR's that the building size must be compatible with the historic architecture. Francisco Perez-Azua stated he is happy to clarify any concerns that the Commission may have. He stated to keep in mind the reductions that they are proposing to bring this house close to 9,000 square feet of total floor area at a 40% floor area ratio. Brief discussion between the Commission and staff followed. -26- 05/01 /07 Mr. McDuffie moved to continue this item to a time certain of May 15, 2007 and allow the architect to go back and work on the project again, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - No; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 1 vote, Mayor Ellis dissenting. At this point, the time being 11:00 p.m., the City Attorney stated the rules of the City Commission require a vote to hold the City Commission meeting past 11:00 p.m. Mrs. Montague moved to continue the City Commission meeting, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.C. CONDITIONAL USE REQUEST/SUNDY HOUSE: Consider a request to allow the establishment of a residential-type inn on Blocks 61 and 70 and the expansion of the Sundy House residential-type inn, located on the east and west sides of South Swinton Avenue, south of Atlantic Avenue. Eleven (11) units currently exist on this site. The proposal adds three (3) new units at the Sundy House, fifty-four (54) units on Block 61 (north of Sundy House), and sixteen (16) units on Block 70 (east of Sundy House) for a combined total of eighty-four (84) residential-type inn units. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis 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 #2007-134 into the record. Mr. Dorling stated this is a conditional use request to allow establishment of a residential-type inn on Blocks 61 and 70, and the expansion of an established residential-type inn use within the Sundy Estates subdivision located on Block 62 and associated with the Sundy House located at 106 South Swinton Avenue. The proposal adds three (3) new units at the Sundy House, fifty-four (54) units on Block 61 (north of Sundy House) and sixteen (16) units on Block 70 (east of Sundy House) for a combined total of eighty-four (84) residential-type inn units. At its meeting of April 16, 2007, the Planning and Zoning Board held a public hearing on the proposed conditional use and voted 5 to 0 for approval. Staff recommends approval of the conditional use. Mr. Dorling stated there is a policy within the conditional use element C-3.3 which talks about not entertaining abandonment of easements. There is a proposed realignment in this process through the northern block north of the Sundy House. Staff has indicated to the applicant that while that policy is -27- 05/01/07 there, they would support an abandonment of the current alignment of that alley if there was a rededication of that same right-of--way. The other issue is that the applicant has indicated that fifty-six (56) on-street parking spaces are to be provided and credited this development. He stated the section that would apply would allow credit of twenty-eight spaces and would require an in-lieu contribution of $218,400.00 for the other spaces. John Szerdi, Architect with Living Designs Group, LLC, stated the Sundy House has had a great demand for larger events (i.e. weddings, etc.) along with the need for a spa and banquet facilities. He stated there was also a desire to create some commercial adaptive re-use on Swinton Avenue. Mr. Szerdi stated he feels the expansion of the Sundy House would feed that adaptive re-use and relocation of a number of structures that came about from the Treasure Coast Regional Planning Council (the study that was done last year). He stated they followed the study to maintain the character and by moving these houses and creating some rhythms with historic Swinton Avenue those future businesses will be fed from the increased business from the Sundy House. Mr. Szerdi stated the inspiration for the Sundy House has been for its gardens and the tree canopy. There was no cross-examination or rebuttal. 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. Eliopoulos moved to approve the Board Order as set forth, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST FOR IN-LIEU PARKING SPACES/177 PINEAPPLE GROVE WAY: Consider a request from the owner of 177 Pineapple Grove Way for the purchase of three (3) in-lieu parking spaces in the amount of $23,400.00 to enable the owner to market the property for restaurant use. The subject property is located at 177 Pineapple Grove Way. (Quasi-Judicial Hearin Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated the item before the Commission is a request from the owners of 177 Pineapple Grove Way for three in-lieu parking spaces. The building is a two-level structure with a total of 1,600 square feet. The owner is seeking to lease the property and potential tenants are restaurateurs and would like to get the in-lieu approvals received prior to signing with those tenants so a tenant would not have to go through the process. This is currently a retail use called The -28- 05/01/07 Haven. Mr. Aronson stated that the land development regulations require that any change of use that increases parking requirements need to provide those parking spaces on-site. The 1,600 square feet of retail at 4.5 spaces per 1,000 square feet require 7.2 spaces and restaurant calculations a 6.0 spaces per 1,000 square feet requires 9.6 spaces. Thus, needing 2.5 spaces equaling three (3) spaces. In the Pineapple Grove Way District spaces are $7,800 per space and the three (3) in-lieu spaces would be a cost totaling $23,400.00. If approved, the applicant is proposing to pay this fee via an in-lieu of parking fee agreement, in accordance with LDR Section 4.6.9(E)(3)(d). Comprehensive Plan Policy C-4.1 of the Future Land Use 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. At its meeting of March 27, 2007, the Parking Management Board (PMAB) raised the question of expiration and unanimously recommended approval of the applicant's request with the condition that the in-lieu spaces be used within one (1) year of approval; at its meeting of April 4, 2007, the Pineapple Grove Main Street Board (PGMSB) unanimously recommended approval of the applicant's request with the condition that the fees be paid at the prevailing rate at the time that they are required; at its meeting of April 9, 2007, the Downtown Development Authority (DDA), unanimously recommended approval of the applicant's request with the condition that the fees be paid at the prevailing rate at the time that they are required; at its meeting of April 12, 2007, the Community Redevelopment Agency (CRA) recommended approval of the applicant's request with the condition that the fees be paid at the prevailing rate at the time that they are required. Staff recommends approval of the request for the three (3) in- lieu parking spaces at a cost of $23,400.00 to be paid by the in-lieu of parking fee agreement and the Commission can impose a condition if they wish to do so. Mrs. Montague asked if there is a letter of intent from the tenant. Mr. Aronson stated they are marking the property for lease and it may not end up being a restaurant. Mr. Aronson stated this is on Pineapple Grove Way and it is likely that a restaurateur would have a sidewalk cafe which lends to the Cluster Study which supports conversion use to restaurants to get the pedestrian traffic along Pineapple Grove Way. Mrs. Montague inquired what would happen if the owner requires a tenant that does not utilize it as restaurant space. Mr. Aronson stated if imposed with an expiration date, the spaces would be valid for that period of time. John Kavazaniian, represents the owner of the property, stated they have had ongoing discussions and he would like to get the space leased and completed. He stated if it does not, he knows a number of people who are waiting for the resolution of this issue who would be interested in leasing the space for a restaurant. -29- 05/01 /07 Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the in-lieu parking request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the in- lieu parking spaces, the public hearing was closed. 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). Brief discussion between the applicant and the Commission followed regarding the two (2) year expiration for the text amendment. The City Attorney suggested that the Commission approve with the condition that the applicant has two years to establish the restaurant use and if he does that he will pay the three in-lieu parking spaces at the prevailing rate subject to an agreement. Mr. Eliopoulos moved to adopt the Board Order with the condition that the applicant has two years to establish the restaurant use and if he does that he will pay for the three (3) in-lieu parking spaces at the prevailing rate, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.E. CONDITIONAL USE EXTENSION/EBENEZER WESLEYAN METHODIST CHURCH: Consider a conditional use extension request for Ebenezer Wesleyan Methodist Church to allow the construction of a new church facility, located on east and west sides of S.W. 6`h Avenue, north of S.W. 2nd Street. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-100 into the record. Mr. Dorling stated this is a request for the granting of an extension on a conditional use approval to allow the construction of a new church facility for Ebenezer Wesleyan Methodist Church located on the east and west sides of S.W. 6`h Avenue, north of S.W. 2nd Street. The church is seeking to relocate its facility to the northwest corner of S.W. 6`h Avenue and S.W. 2nd Street and construct an off-site parking lot at the northeast corner of S.W. 6th Avenue and S.W. 2nd Street. -30- 05/01 /07 At its meeting of May 3, 2005, the City Commission approved the conditional use request to allow the construction of a 6,575 square foot sanctuary with a seating capacity of 214 seats; construction of a 50 space parking lot adjacent to the new sanctuary building and a 22-space off-site parking lot on the east side of S.W. 6th Avenue. Site Plan approval was subsequently granted by the Site Plan Review and Appearance Board on October 11, 2006. Mr. Dorling stated construction has not yet begun and the conditional use approval will expire on May 3, 2007. The applicant submitted justification that the delays were related to problems with their consultant and they are now going out to bid and expect construction to begin in the near future. There are no changes to the development regulations in this two year time period and the project complies with all the current regulations. Therefore, staff recommends approval of this extension request at this time. Karin Mannchen, Architect for the Ebenezer Wesleyan Church, stated they have bids in now that is being considered. She stated the delay was not caused by one single event but was many things. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the conditional use, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the conditional use, the public hearing was closed. There was no cross-examination or rebuttal. 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. McDuffie moved to adopt the Board Order as presented (approving the conditional use extension), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.F. WAIVER REQUEST/FIRE STATION #4: Consider a request for waiver to increase the maximum driveway width from 36 feet to 58 feet 5 inches for the Fire Station #4 Project, located at the northeast corner of Lake Ida Road and Barwick Road. (Quasi-Judicial Hearin Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis 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 #2007-139 into the record. -31 - OS/O1 /07 Mr. Dorling stated this is a waiver request associated with Fire Station #4 located at Barwick Road and Lake Ida Road (northeast corner) to increase the maximum driveway width from 36 feet to 58 feet 5 inches along Lake Ida Road. At its meeting of April 11, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan, landscape plan, and architectural elevations for the 10,811 square foot Fire Station #4. The Board also made a recommendation of approval for the waiver to LDR Section 4.6.9(D)(3)(a) to allow a maximum driveway width to exceed 36 feet and go to 58 feet 5 inches in width. Mr. Dorling stated required findings with respect to LDR Section 2.4.7(B)(5) waiver analysis are made in the staff report. The additional driveway width is necessary to allow accommodate the movement of the ladder truck which requires larger turning radius and clearances. Therefore, staff recommends approval of the request. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who would like to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. 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. Eliopoulos moved to approve the Board Order, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.G. RESOLUTION NO. 30-07/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 30-07 amending Resolution No. 62-06 adopted September 19, 2006, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2006/2007, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2006/2007. The caption of Resolution No. 30-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 62-06 ADOPTED SEPTEMBER 19, 2006, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL -32- 05/01/07 YEAR 2006/2007, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2006/2007; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 30-07 is on file in the City Clerk's office.) The City Manager stated this is a proposed amendment of the current budget based on mid-year review. He stated the proposal includes $174,875.00 in overtime for the Fire Department to increase the staffing in Station #2 on the Barrier Island from four to five. The City Manager stated while the City strongly supports this and it has been along-term goal of the City, in light of the uncertainty regarding the City's ability to raise revenue in the future, he recommends taking this out of the budget amendment at this time. The City Manager stated hopefully within the next few weeks this will be clarified and staff can come back to the Commission with a later amendment. He stated as soon as the City is able to continue that staffing level and can go out and recruit full time people then the City would like to do that. However, the City Manager stated it would be prudent to not include it this evening. Brief discussion followed between Commissioner Montague and the City Manager regarding renting space from Boca Raton. The City Manager stated he discussed this with the Chief regarding the space of the depot building and he was under the impression that the Fire Department would need all of the office space (approximately 3,000 square feet). However, the City Manager stated they will only need one office and he has asked Chief Schroeder to look at this as a possible alternative. Chief Schroeder stated the whole proposal was based on merging two vice units together that work on many of the same issues and an additional benefit would be that it would create a little more office space. Mr. Fetzer moved to approve Resolution No. 30-07 amending Exhibit "A" to delete the $174,875.00 with the understanding that staff will re-address the Police Department issue as soon as the revenue picture is clarified, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.H. CLAIM PAYMENT/WEEDLING RESIDENCE (1055 DEL HARBOUR DRIVEL: Consider a request to authorize Gallagher Bassett Services to make a claim payment of no greater than the City's statutory sovereign immunity limit of $100,000.00 for water damage to the Weedling residence located at 1055 Del Harbour Drive. - 33 - OS/O1/07 The City Attorney stated this is a claim where a City water main ruptured and broke an etched glass door and caused extensive damage. She stated the City of Delray Beach has a maximum statutory sovereign immunity limit of $100,000.00 and the costs incurred thus far will probably equal this amount. Mrs. Montague moved to authorize Gallagher Bassett Services to make a claim payment of no greater than the City's statutory sovereign immunity limit of $100,000.00 for water damage to the Weedling residence located at 1055 Del Harbour Drive, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9_I. SETTLEMENT OFFER IN CLARENCE RODOCKER AND LYNN WARWICK v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $19,000.00 in Clarence Rodocker and Lynn Warwick v. City of Delray Beach. Staff recommends approval subject to execution of general releases by each claimant. The City Attorney stated this is a settlement offer of $9,500.00 per each person and staff recommends approval. Mrs. Montague moved to approve the settlement offer in the amount of $19,000.00 in Clarence Rodocker and Lynn Warwick v. City of Delray Beach subject to execution of general releases by each claimant, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2008. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated because she has been away she would like to defer her appointment to the City Commission meeting of May 15, 2007. 9.L. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Jess Sowards as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. -34- 05/01/07 9.M. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS: Appoint one (1) regular member to the Board of Construction Appeals for an unexpired term ending August 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Steven Wallace as a regular member to the Board of Construction Appeals as a regular member for an unexpired term ending August 31, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENT TO THE PARHING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board for an unexpired term ending January 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague moved to appoint Bonnie Beer as a regular member to the Parking Management Advisory Board for an unexpired term ending January 31, 2008, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.0. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate member to the Civil Service Board for an unexpired term ending July 1, 2008. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated because she has been away she would like to defer her appointment to the City Commission meeting of May 15, 2007. 9.P. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2009. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to reappoint Melvin Sacharow as a regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9~. BID AWARD/PANTROPIC POWER, INC.: Consider approval of a bid award to Pantropic Power, Inc., second low bidder, in the amount of $186,000.00 for the purchase of a new 1,000 kW standby generator for the Water Treatment Plant and Beyel Brothers, Inc. in the amount of $14,452.50 for providing the crane service -35- 05/01/07 associated with the installation of this new generator. Funding is available 442-5178- 536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment). Richard Hasko, Director of Environmental Services, stated the existing 800 kW generator blew a cylinder, disabling the entire unit. The magnitude of damage can not be determined without disassembling the unit; therefore, repair estimates are inconclusive. Only one company was willing to consider performing repairs, however, strongly recommended replacing the entire unit. Pantropic Power quoted a cost to rebuild the existing unit starting at $160,000.00, assuming the engine block is still in acceptable condition. Mr. Hasko stated there is a limited availability in terms of the regional market for particular generators of this size. Presently, staff is utilizing the 650kW generator that was purchased for the Police Department's generator expansion project. Staff received two quotes for a new 1,000 kW diesel generator; one from Pantropic Power, Inc. (Caterpillar diesel) in the amount of $186,000.00 and one from Americas Generators (Cummins diesel) in the amount of $173,027.06. Although the Caterpillar engine, as quoted by Pantropic Power, Inc. is $13,000.00 more, it offers a factory warranty of 10 years. Americas Generators offers a one year start-up and maintenance contract. Caterpillar is an American company, Cummins is not. When needed, parts are readily available as they do not have to be shipped from overseas. Also, staff has previously experienced delays in parts availability on existing generators with Cummins diesel engines. Associated with this work is an award to Beyel Brothers, Inc. in the amount of $14,452.50 for providing crane service in removing the old unit and installing the new generator. continued. Brief discussion between Commissioner Eliopoulos and Mr. Hasko Mr. McDuffie moved to approve the bid award to Pantropic Power, Inc. (second low bidder) in the amount of $186,000.00 for the purchase of a new 1,000 kW standby generator for the Water Treatment Plan and Beyel Brothers, Inc. in the amount of $14,452.50, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 11:48 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he received an email today on the National Citizens Survey, they have indicated that they have received 274 surveys back from Delray Beach residents for 23% response rate without including the final postcard count which will probably boost the overall response rate a bit. This is at the lower end of the average and they offered to extend the data collection by one week until May 7, 2007 in -36- 05/01/07 case any straggler surveys come back. This will push the timeline out another week so draft reports will be due May 29, 2007. The City Manager suggested extending this until May 7, 2007 in case more surveys come in. Secondly, he stated regarding the list of potential budget cuts he sent out, the purpose of it is to illustrate the magnitude of what the City of Delray Beach would have to do and the kinds of things we would have to think about doing. He stated this is a serious matter and deserves public debate. The City Manager stated so far the debate has been about one side of the equation (i.e. taxing side) and we need to talk about the spending side at the same time. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated the Commission was caught off-guard by the list regarding the budget cuts and would have liked to opportunity to go over the list prior to the newspapers knowing. Secondly, Mr. Fetzer stated he appreciates the support from everyone during his wife's illness. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he too would like to have known about this list prior to the newspapers receiving it. Secondly, he stated he attended a meeting for Flex Car and noted that Nancy Schneider brought this through the Parking Management Advisory Board. Mr. Eliopoulos stated it is a good concept; however, he does not know what the cost would be. It was the consensus of the Commission to request additional information regarding the cost. 13.C.3. Mr. McDuffie Mr. McDuffie stated he had the opportunity to attend the C.E.R.T. event/barbecue and stated it was a rewarding experience. He commented that he enjoyed the time he spent with the Fire Chief and the C.E.R.T. employees. -37- 05/01/07 Secondly, he stated he spent an evening with Sergeant Weatherspoon from 6:45 a.m. unti13:00 a.m. and this opened his eyes quite a bit. Mr. McDuffie stated he has even a far greater appreciation now for the public safety employees than he did before. He stated they are dedicated people and do a tremendous job. Mr. McDuffie noted one particular incident stating he was impressed by the way it was handled and the way the police diffused it. Mr. McDuffie stated he attended the opening of the Miracle League and it was a heartwarming experience. He stated he joined Commissioner Montague at the "Thou Shall Not Kill" Rally on West Atlantic Avenue. Mr. McDuffie stated they are a great force for our community and it was very rewarding with approximately 100 people in attendance. Mr. McDuffie stated he was blind sighted by the article in the Sun- Sentinel and noted he received the telephone call from Erika Slife but had no idea about the list. He stated it was an embarrassment and would appreciate it if something of this magnitude is going to go out, that the Commissioners are informed before it leaves this office. Mr. McDuffie stated that the Legislature saw the list before Sebastian Alexander, City Lobbyist, had the opportunity to see it and he is very troubled by this. Mr. McDuffie stated Mr. Fetzer and his wife Paulette have been an inspiration to his family and he is proud to serve on the Commission with him. Lastly, he stated there is a Town Hall Gang Meeting at Florida Atlantic University in the Live Oak Room on May 18, 2007 from 2:00-4:00 p.m. 13.C.4. Mrs. Montague Mrs. Montague commented about the issue of communication and she feels this is a lesson learned. She stated the City of Delray Beach took a hit and noted she was on the telephone all day with Tallahassee. Mrs. Montague stated the Commission understands the intentions; however, the public and the Legislators do not. She stated she would like to make sure that we are all communicating properly as we are truly here to support each other. Secondly, Mrs. Montague offered support to Commissioner Fetzer in the loss of his wife Paulette. Mrs. Montague extended a special thanks to Commissioner Eliopoulos and Commissioner McDuffie for their support. -38- 05/01 /07 13.C.5. Mavor Ellis Mayor Ellis stated she had two great weeks when she was away on vacation. However, she was heartbroken to not be here for Commissioner Fetzer during his very difficult time. She stated she is glad to be back and noted there is a lot work to do and is looking forward to it. With regard to the budget cut list going out, Mayor Ellis stated the Florida League of Cities has been after municipalities all over the state to put out some kind of summary of the impact of what the legislation that the state is proposing would have. Mrs. Ellis stated she has been reading the newspaper clippings online from the cities that have been doing this all over the state. Mayor Ellis stated the communication was a point well taken and was a learning point for everyone; however, on the other hand she feels it is important that some of these cities have been putting out some of this information it did need to be addressed and we did need some civic engagement on this. Mrs. Ellis stated she and Mr. Smith are going to Washington, D.C. next week to meet with consultants and Legislators. There being no further business, Mayor Ellis declared the meeting adjourned at 12:11 a.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on May 1, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk -39- 05/01 /07 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. -40- 05/01/07 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MMUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Elio oulos , Gar P . L. CO MISSIDN, °'tm-1°Rmr' cR ~~~E P Y Delray B-each City Commission IAIUNG ADDRESS THE BOARD; COUNCIL; COMMISSION, AUTHORITY OR COMMITTEE ON 205 George Bush Boulevard WHICHISERVE1SAUNITOF: GTY COUNTY ^TY ^ COUNTY ^ OTHER LOCAL AGENCY Delray Beach., Florida. 33444 Palm Beach NAMeoFPOLmcALSU9O1v~s1oN: GATE ON WHIG1 VOTE OCCURRED MY POSRION IS: Ma 1 2007 ~ ELECnvE ^ APPOINTNE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment 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 conflid 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 'nures to his or her special private gain or loss: Each elected or appointed local officer also is prohibited from knowingly voting oh a mea- .ure which inures tv the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inGuding the -arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the speaal 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 disGose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure an which you are abstaining from voting; and WITHIN 15 GAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. . . . . . . . . . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disGose 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. = YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE AKEN: • 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 FARM SB - EFF. 112000 PAGE 1 ITEM 9.A APPOIN'f~D OFFICERS (continued) • A copy of the fom'i racist be provided immediately to the-other members of the agency. • The form must be read; publicly at-the next meeting after the fonn 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 measures before partidpating. , • You must complete the form and file it within 15 days after the vote occurs with the'person responsible for recording the minutes of:tho meeting, who must incorporate the form in the minutes. A copyof the form must be provided immediately to the other members ofthe agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S. INTEREST I. Gary P. Eliopoulos ,hereby disclose that on Mav 1 , 20. 07 ; (a) A measMe came or wilfoome before my agency which (check obe) _ inured to my spedal private gain or loss; inured to'tFi'e sped2l gain or loss of my business assoclate, Elopoul~os ' ~r~}3;itec'tur~ ~ Tnc _ ; inured to the spedal gain or loss of my relative, _ ; _ inured to the spedal gain or loss of _ , by whom I am retained; or _ inured~to thus al ain or loss,of - = .. ? ,;. ,which l~ g is the parent organization or subsidiary of a principal which has retained me. (b);The, measure beforo my-agency and the nature of my conflicting: interest in the measure is as follows: May 1, 2007 Date Flied ignatu NOTICE: UNDER PRQVISIONS 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. 112000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the approval of a Certificate of Appropriateness for the new construction of a two-story garage/guest suite located at 238 S.E. 7th Avenue has come before the City Commission on May 1, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval of a Certificate of Appropriateness for the new construction of a two-story garage/guest suite located at 238 S.E. 7th Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I, II and III. I. LDR REQUIREMENTS a. LDR Section 4.5.1(E)(4), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features Are these guidelines met? Yes 4 No 0 b. LDR Section 4.3.3(Q), "Guest Cottages", provides guidelines for size and occupancies of guest cottages Are these guidelines met? * Yes 4 No 0 * if the setbacks are met II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes 4 No 0 1~~, q A III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? Yes 4 No 0 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies X the appeal (and thus the Historic Preservation Board approval remains in full force and effect) and hereby adopts this Order this 1st day of May, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: Chevelle Nubin City Clerk Rita Ellis, Mayor 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR SUNDY HOUSE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use modification request has come before the City Commission on May 1, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Sundy House. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use Element Objective A-1/Future Land Use Map: Is the property developed/redeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes 5 No 0 b Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 5 No 0 I~~qc c. Consistency: Will the granting of the modification conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 5 No 0 II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes 5 No 0 b. REQUIRED FINDINGS RELATING TO RESIDENTIAL TYPE INNS: Pursuant to LDR Section 4.3.3(X), residential type inns shall be subject to the following provisions, limitations, and restrictions: 1) The use must be located with frontage on, or access from, at least one arterial or collector street as delineated on the City's Transportation Element; 2) The use must be located in proximity to office, industrial, or commercial uses; 3) The minimum floor area per suite shall be 450 square feet; 4) Accessory uses may include: recreational facilities, i.e. swimming pool, whirlpool, Jacuzzi, steam room, tennis courts, meeting rooms, complementary room service, and other nonresidential uses as permitted within the respective zoning district; Is this standard met? Yes 5 No 0 2 3. The comments and notes set forth in the staff report are hereby incorporated herein 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application request was submitted and finds that its determinations as herein set forth are consistent with the Comprehensive Plan. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves X denies the conditional use request and hereby adopts this Order this day of May, 2007, by a vote of 5 in favor and posed. r Q. Rita Ellis, Vice Mayor ATTEST: ~V • 1V~~ Chevelle Nubin City Clerk 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR 177 PINEAPPLE GROVE WAY 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 May 1, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for 177 Pineapple Grove Way. 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 for three spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? This approval is subject to entering into an agreement and requiring the applicant to establish a restaurant use within two nears of the date of this approval. The applicant shall pan in-lieu fees at prevailing rates determined at the time the restaurant use is established. Failure to establish the use as herein required voids this approval. * Yes 5 No 0 * subject to the condition set forth above 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. Item q D 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 X 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 1St day of May, 2007, by a v 5 in favor and 0 opposed. ATTEST: Rita Ellis, Mayor ~• ~~ Chevelle Nubin, City Clerk 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO EBENEZER WESLEYAN METHODIST CHURCH ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on May 1, 2007. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for Ebenezer Wesleyan Methodist Church. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and {F)(3). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes 5 No 0 5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; ~+~q~ (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. Have the requirements of Section 2.4.4(F)(3) been met? Yes 5 No 0 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves _X denies the conditional use extension request to allow the previous conditional use approval to be valid until November 3, 2008. The City Commission hereby adopts this Order this 1St day of May, 2007, by a vote in favor and 0 opposed. ~ ~1Y~1 r Rite Ellis, Mayor ATTEST: t~. ~~ Chevelle Nubin City Clerk 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTED BY FIRE STATION #4 1. This waiver request came before the City Commission on May 1, 2007. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Fire Station #4. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Driveway Width: Per LDR Section 4.6.9(D)(3)(a), the maximum driveway width is thirty-six feet (36'). The proposed driveway along Lake Ida Rd. is fifty-eight feet five inches (58' and 5') wide. Should the waiver be granted for the driveway width? Yes 5 No 0 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. }~, 9.~ 7. Based on the entire record before it, the City Commission approves X denies the waiver requests and hereby adopts this Order this 1st day of May, 2007, by a vote of 5 in favor and 0 opp Rita E lis, Mayor ATTEST: ~J. ~~i,N Chevelle Nubin City Clerk 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, ANQ OTHER :LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMnTEE Eliopoulos, Gary P. Delray Beach City Commission A/UUNG ADDRESS 205 George Bush Boulevard CIl'Y COUNTY Delray Beach, Florida 33444 Palm Beach GATE ON WHICH VOTE OCCURRED May 1, 2007 THE BOARD, COUNCIL; COIUIMISSION, AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNfr OF: t~ CRY ^ COUNTY ^ OTHER LOCAL NAME OF POLmCAL SUBDIVISION: MY ~osmoN Is: ~ ELECnvE ^ aPPOINTIVE WHO MUST FILE FORM 8B This form is fw use by any person serving at the county, city, or other local level of government on an appointed or elected board, counal, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with. a voting eonflid 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 Gose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLtANGE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss: Each- elected or appointed local officer also is prohibited from:knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. Fw 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 publiGy 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 foRn 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 disGose the nature of the conflict before making any attempt to influence the decision, whether orally orin writing and whether made by you or at your direction. F 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 St3 - EFF. 1/2000 ITEM 10 . A PAGE 1 APPOINTEDOFFICERS (continued): • A dopy oftfte forth must be provided immediately to the other members of the agency. • The forth 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 partidpating. • You must complete the forth and file it withiri 15 days alter 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, Gary P. Eliopoulos ,hereby disclose that on May 1 , 2007 (a) A measure came or wilFcome before my agency which (check one) - inured to my spedal private gain or loss; inured tb th'e spedal gain or loss ofmy business assoclate, Kupi & Elopoulos 9rehitects , P . A. - ' : " _ inured to the spedal gain or loss of my relative, _ , _ inured to the speclal gain orloss of ___ , by whom I am retained; or inured~to the;spedal,gain or loss of - . - ,which is the parent organization or subsidiary of a princlpal which has retained me. (b) The. measure before my :agency and the. nature of my conflicting interest in the measure is as follows: - May 1, 2007 ` Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED OlSCLOSURE 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 86 - EFF. 1/2000 PAGE 2 SPECIAL/WORKSHOP MAY 8, 2007 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, May 8, 2007. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Douglas Smith, Assistant City Manager Susan Ruby, City Attorney Chevelle D. Nubin, City Clerk Mrs. Montague moved to amend the Agenda to include a roll call, seconded by Mr. McDuffie. Upon roll call, the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed 5-0. Mayor Ellis called the meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1. NAMING REQUEST/NEW SOCCER FACILITY: Consider a request to name the new soccer facility the "Seacrest Soccer Complex". Mayor Ellis discussed the e-mail regarding the request to name the new soccer facility, "Seacrest Soccer Complex," as approved by the Soccer Board. Brief discussion ensued between Joe Weldon, Director of Parks and Recreation and the Commission. Mr. Fetzer moved to approve the naming of the soccer facility to "Seacrest Soccer Complex", seconded by Mrs. Montague. Upon roll call, the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed 5-0. 2. FUNDING FOR PALM BEACH COUNTY CHARTER AMENDMENT: Authorize payment of $31,000.00 to the Let Us Vote Political Committee in support of the proposed amendment to the Palm Beach County Charter. David T. Harden, City Manager, provided information on this item. He explained the threat of County interference as one of the greatest external threats facing the City. The "Let Us Vote Political Committee" has been organized to obtain the necessary signatures to put the proposed amendment on the ballot which would not allow any function, service, power or authority of a municipality to be limited by, or transferred to, the County without the approval of the voters in the City and separate votes in the unincorporated area of the county. Mayor Ellis explained the importance of getting this on the ballot since we are currently in litigation regarding county wide dispatch services. If we get a majority vote in the County Commission to agree to put this on the ballot, it will save a substantial amount of money. The initial money would go towards supporting the initiative as it appears on the ballot. Mrs. Montague moved to approve funding for the proposed Palm Beach County Charter Amendment in the amount of $31,000.00 which will be allocated as an expenditure from the reserve shown on the mid-year budget, seconded by Mr. McDuffie. Upon roll call, the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed 5-0. Mayor Ellis adjourned the Special Meeting at 6:07 p.m. WORKSHOP AGENDA 1. Discussion regarding Advisory Board Liaisons Mr. Harden presented the item regarding Advisory Board Liaisons, which were first assigned in June 1990. Chevelle D. Nubin, City Clerk, provided background information obtained from former Mayor, Dr. Jay Alperin. She stated that former Mayor Tom Lynch initiated Advisory Board Liaisons to improve communication between Advisory Boards and the Commission. Liaisons were approved for certain Advisory Boards only to assist with interpretation of the information. 2 MAY 8, 2007 Mayor Ellis recommends Commission refer the issue back to staff to determine the validity of Advisory Boards. Staff is asked to examine the current Advisory Boards addressing the validity of each Board, if there is a need to have a liaison assigned, and how the liaison is or will be working with the Advisory Board. Staff is asked to provide recommendations which are more clearly defined and directive on how Commission should proceed. Mr. Harden advised it will take two (2) months for staff to review all of the Advisory Boards and report with recommendations. It was the consensus of the Commission to have staff review and report their recommendations within two (2) months on all existing Advisory Boards. 2. Presentation of 2005/2006 Comprehensive Annual Financial Report - Caler, Donten, Levine, Druker, Porter & Veil. P.A. Joseph Safford, Director of Finance, introduced Milena Walinski, Assistant Finance Director, and Scott Porter, Managing Partner of Caler, Donten, Levine, Druker, Porter & Veil, P.A.. Scott Porter, the City Auditor from Caler, Donten, Levine, Druker, Porter & Veil, P. A., provided a financial overview of the City of Delray Beach, Florida Comprehensive Annual Financial Report for the fiscal year ended September 30, 2006. It was the consensus of the Commission to approve and accept the Comprehensive Annual Financial Report for fiscal year ended September 30, 2006. 3. Discussion regarding the current Capital Improvement Program Richard Hasko, Director of Environmental Services, introduced this item providing background information on several projects. He informed the Commission of several consultants in attendance at the meeting to assist with additional questions. Fire Station #4 Mr. Hasko explained how Fire Station #4, which is an old dated facility, suffered a substantial amount of damage due to Hurricane Wilma. A damage assessment of the building was conducted to determine whether the building was worth renovating, or would it be more cost-effective to replace. 'The report was done on the need versus the level of service the Fire Station would be capable of providing. It was determined it would be more cost effective to replace the building. The report was provided in the back-up material. 3 MAY 8, 2007 Commission addressed their concerns with the cost of renovation to Fire Station #4. All recognized the conditions were deplorable and must be corrected. It was the consensus of the Commission to construct Fire Station #4 as planned. Western Senior Community Center Mr. Hasko introduced the consultant for the Western Community Center, Abbas Zackria, Architect/Consultant with Walter Zackria Associates. The Western Senior Community Center is one of the Parks and Recreation bond projects. The initial budget for this project was $7.5 million; it is now estimated at $11.7 million. There is a completed design, there is also an approved contract for a Construction Manager; however, there is not a signed contract at this time. Mr. Harden questioned why the Guaranteed Maximum Price (GMP) given six months ago increased $3 million dollars in a short period of time. Mr. McDuffie voiced his concerns that cost of building the Western Senior Community Center increased from the original $3.8 million dollars to almost $15,602,347 million dollars. Mr. McDuffie explained he supports improving Fire Station #4 but cannot justify building the Western Senior Community Center in such uncertain economic times. Mr. Harden stated there is not an executed contract. However, a Guaranteed Maximum Price (GMP) contract was awarded to the Weitz Company by Commission on March 20, 2007. It was the consensus of the Commission to defer the construction of the Western Senior Community Center completely. Soccer Com,~lex Mr. Hasko presented his item on the Soccer Complex which is also a Parks and Recreation project. The land acquisition is the former Atlantic High School site. He discussed that the initial budget for this project was a little over $2.7 million; the current construction expenditure is $3.25 million. There is a lot of redevelopment, re-sodding, and irrigation of the old baseball field into soccer fields. In addition, there is the construction of a concession stand with a restroom and a second floor meeting room that can be utilized to view the soccer game on the second level. Also proposed is a complete replacement of the athletic lighting which is expensive. 4 MAY 8, 2007 Mr. Harden recommended taking the second story off the building which will keep the expenditure close to the initial budget of $2.7 million. Mr. Fetzer questioned if the initial budget amount included the upgraded lighting. Mr. Harden confirmed this would include the upgraded lighting. He stated the increase in the lighting was to ensure proper coverage to the perimeter of the site. Mr. Hasko stated the amount could be reduced if the number of poles and the height of the poles could be lowered. Discussion continued between the Commission and staff. It was the consensus of the Commission to construct as planned without the second story on the building. B Park Mr. Hasko presented the Bexley Park item which is part of the $24 million bond. The initial budget for this project was $500,000. The current construction budget is $787,000. That number is from a hard bid. There were only two bids, the lowest bid was $787,700 the other bid was $965,000. The plans are one hundred percent complete. Both bids had to be thrown out because the lowest bid was not able to provide the bond that the City requires of its Contractors. Mr. Harden advised that a Florida Recreation Development Assistance Program Grant (FRDAP) was obtained for $200,000 for this project, which can be added to the budgeted amount of $500,000. The grant is generally good for eighteen (18) months to two (2) years; it was awarded on May 4, 2007. It was the consensus of the Commission to construct the park with the exception of the restroom at this time. 5 MAY 8, 2007 Pompey Park Building Expansion Mr. Hasko presented this project stating the initial budget was $500,000 dollars. Randolph & Dewdney Construction Inc., was the lowest priced contractor with a construction price of $1.16 million. The scope of the construction is adding office space, expanding the entrance to the community center, computer rooms and game rooms, and some upgrading and renovating of the locker room, gymnasium, and building a storage area. Discussion ensued among the Commission regarding the high community usage of this facility. It was the consensus of the Commission to construct Pompey Park as planned. Mangrove Park Mr. Hasko presented the Mangrove Park item of which he explained the design is one hundred (100%) complete and the contract was awarded at $2.3 million. Mr. Harden explained we have $1,000,000 of this money and the balance is grant money from Palm Beach County. The bids came in lower than the budgeted amount. It was the consensus of the Commission to construct Mangrove Park as planned. Miller Park Mr. Hasko presented the Miller Park project which is from the 2007/2008 Capital Plan with an initial budget of $5 million dollars. The project is currently under design and is about 80% complete. The current construction estimate is about $5.6 million dollars which includes two phases of the project. It was the consensus of the Commission to come back to this item later that night. Cultural Connection Mr. Hasko presented the Cultural Connection project, which is the last project to be included the bond. This project is a pedestrian memorial pathway. 6 MAY 8, 2007 Lula Butler, Director of Community Improvement, gave background on what the committee would like to see in this project. Mrs. Buller explained that the initial budget for this project is $300,000 dollars. The design has not been completed at this time. It was the consensus of the Commission to construct as planned. North Wing/City Hall and Information Technolog~IT~g Mr. Hasko gave an overview of the project regarding the space study. The initial budget is $550,000. There is currently a contract of $533,000 which includes renovating some office space, creating new offices from some of the larger offices, redoing the lobby and the Planning & Zoning/Community Improvement area. Mr. Harden recommended financing City Hall Renovations and the IT building from internal funding instead of bond financing. It was the consensus of the Commission to construct as planned using alternative internal funding as opposed to using a bond. Old School Square Park Mr. Hasko provided an overview of the proposed expansion of the Old School Square Cultural Arts Center. Originally $200,000 had been budgeted for consulting fees, and a cost of $2.7 million to develop the park. It was the consensus of the Commission to fund $700,000 and include the $500,000 from Palm Beach County. City Hall Chambers Mr. Harden stated the most important issue would be to update the audio/visual in the First Floor Conference Room and the Ciry Commission Chambers. It was the Consensus of the Commission to fund the improvements. MAY S, 2007 Capital Improvement Financing Alternatives/SAN Mirroring Solution Joe Safford, Director of Finance, presented this item. Staff recommended the use of some of the City's in-house reserves to finance some of the upcoming bond issue projects along with the City's storage area network (SAN). This would reduce the overall bond issue and would not conflict with any of the City's required reserves or additional reasonable reserves set aside for contingencies and storm activity. It was the consensus of the Commission to have the projects funded out of the reserves from the Insurance Fund. Mr. Harden stated that Miller Park was also included in this funding. It was the consensus of the Commission to .meet individually with Mr. Harden to discuss financing. Mayor Ellis adjourned the Workshop Meeting at 10:16 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the Ciry Commission held on Thursday, May 8, 2007 which Minutes were formally approved and adopted by the Ciry 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. MAY 8, 2007 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: NANCY KING, HRyCONSULTANT/COMMUNICATIONS THROUGH: CITY MANAGER !r~'~ DATE: APRII. 30, 2007 SUBJECT: AGENDA ITEM # 10• r1 - REGULA RECOGNIZING STUDENT AMBASSADORS ITEM BEFORE COMMISSION This Proclamation is before the Commission to honor the Sister Cities of Delray Beach Student Ambassadors to Miyazu, Japan. BACKGROUND Sister Cities of Delray Beach is sending its fifth Student Exchange delegation to Miyazu, Japan on June 8, 2007. The Student Ambassadors are representing both the City of Delray Beach and the Student Body of Atlantic Community High School, American Heritage School of Boca/Delray and Pope John Paul High School. FUNDING SOURCE NA RECOMMENDATION NA WHEREAS, the Sister City Program was initiated by President Dwight D. Eisenhower in 1956 as an avenue to open communication and a means to promote friendship and understanding between nations and lessen the chance affuture world conflicts; and WHEREAS, the relationship between the people of Miya~u, Japan, and Delray Beach, Florida, actually began at the turn of the century when the Florida East Coast Railway helped Jo Sakai estabk:rh the Yamato Colony along the railroad near Boca Raton; and WHEREAS, among those early settlers was George Suk ji Morikami, whose hometown was Miya~u, Japan, and who later donated his land near Delray Beach to the County of Palm Beach and which now is home to the Morikami Museum and Japanese Gardens; and WHEREAS, the Sister City program serves as a vehicle to bring people of different geographic areas of the world together. To that end, the City of Delray Beach, Florida and Miya~u, Japan established a Sister City off liation in Apri11977; and WHEREAS, during the past 30 years our communities have had city officials and citizens exchange visits and have established Student and Business Exchange Programs. Delray Beach Sister Cities is enthusiastically sending its fifth Student Exchange delegation to Miya~u on June 8, 2007; and WHEREAS, the relationship between Miya~u and Delray Beacb brings about a great sense of brotherhood, friendship and amity between our two great cities. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and cltiZens of Delray Beach, do hereby recognize LINDSAYBRANDT WHITTAKER BUr.r.a Rn JAKE GITTELMACHER TYLER KENNEDY JOANNA LUO WILLIAM O'CONNOR and ALICE WANG as Student Ambassadors representing both the City of Delray Beach and the Student Body of Atlantic High School, American Heritage School and Pope John Paul High School. We send our best wishes for good health and fortune to all the citizens, and especially the Students, of Miya~sr, Japan, and extend our hands in friendship and peace. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 1 Soh day of May, 2007. RITA ELLIS MAYOR WHEREAS, recreational boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. However, our waterways can become crowded at times and be a place of chaos and confusion; and WHEREAS, while being a marvelous source of recreation, boating can be a risky sport to the unprepared. Not knowing or obeying the Navigation Rules, the nautical "Rules of the Road," drinking alcohol or taking drugs while operating a boat, or choosing not to wear your life jacket when doing so is clearly not the smart thing to do, and are all examples of human error or a lack of proper judgment; and WHEREAS, one particular behavior that can reduce the number of boaters who lose their lives by drowning each year by approximately 80% is the wearing of a life jacket. It is a simple step that has the potential to reduce terrible loss of life. Knowledge and skills are important in reducing human error and improving judgment; and WHEREAS, if people are aware of the risk, they are likely to take the precautionary measures to protect themselves, their friends and their family. That is why we must continue to spread the messages of boating safety not only during National Safe Boating Week but also throughout the entire year; and WHEREAS, on average, 700 people die each year in boating-related accidents in the U.S. and nearly 70% of these are fatalities caused by drowning; and WHEREAS, the vast majority of these accidents axe caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they wom their life jackets; and WHEREAS, modem life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW, THEREFORE, I, RITA ELLIS, Mayor of the Ciry of Delray Beach, Florida, on behalf of the Ciry Commission do hereby proclaim May 19 - 25, 2007 as NATIONAL SAFE BOATING WEEK in Delray Beach, Florida, and encourage all citizens to support the goals of the National Safe Boating Campaign and U.S. Coast Guard Auxiliary and start the year-round effort to promote safe boating and urge all those who boat to "Boat Smart. Boat Safe. Wear It." and practice safe boating habits. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of May, 2007. RITA ELLIS MAYOR ~•~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION NN PAUL DORLING, AICP, DIRECTOR PLANNING AND Z ING THROUGH: CITY MANAGER DATE: MAY 8, 2007 SUBJECT: AGENDA ITEM # r' ~ - MEETING OF MAY 15, 2007 HISTORIC PRESERVATION BOARD AWARD RECOGNITION PROGRAM PRESENTATION BEFORE COMMISSION The Historic Preservation Board (HPB) is conducting its 2"d Annual Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the preservation and rehabilitation of historic properties throughout the city or provided compatible new development within a historic district. Eligible projects are those that were approved by the Board, and received a Certificate of Occupancy since December 31, 2003, which was the cut off date for eligible projects recognized in 2004. Due to the three-year overlap, the HPB voted to recognize all seven (7) of the eligible projects, with one of those receiving a special recognition award. These awards will be presented to the recipients listed below during the City Commission meeting. This year's design categories and recipients include: RENOVATIONlREHABILITATION 137 NW 15t Avenue Old School Square Historic District • Jude Endres, Property Owner • Phoenix Architecture, Architects • Joe Pike, P.E. of EnviroDesign Associates, Inc., Project Engineer NEW CONSTRUCTION 111-113 NW 1$t Avenue Old School Square Historic District • Jessica Linehan, Property Owner • Shane Ames, Architect • Michael J. Petrow & Associates, Inc., Landscape Design 144 NW 3'd Avenue West Settlers Historic District • Kim French, Property Owner 226 North Swinton Avenue Old School Square Historic District • Francis & Elizabeth Rozzo, Property Owners • Roger Cope, Architect 129 SE 7th Avenue Marina Historic District • Sean Murray, Property Owner • Michelle Balfoort of Balfoort Finnvold Architecture, Inc., Architect 136 NE 1gt Avenue Old School Square Historic District • Mr. & Mrs. Bruce Ferrara, Property Owners • Everett Jenner, Architect • Tony Keller, Project Developer • Dan Carter of Carter & Associates, Landscape Design PAT CAYCE ACHIEVEMENT AWARD FOR EXCELLENCE IN PRESERVATION 204 Dixie Boulevard, Independence Title Del-Ida Park Historic District • Ronald Platt, Esq., Property Owner • Roger Cope, Architect • Gerald Church, P.E., Project Engineer • A. Grant Thornbrough and Associates, Landscape Design MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TRACIE M. LUTCHMANSINGH, P.E., ASST. CITY ENGINEER,( THROUGH: DAVID T. HARDEN, CITY MANAGER ~~ \\ DATE: MAY 9, 2007 SUBJECT: AGENDA ITEM # ~ • ~ -REGULAR MEETING OF MAY 15.2007 1202 CARISSA ROAD SIDEWALK DEFERRAL ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 1202 Larissa Road. BACKGROUND This is a single family residential lot located at the southwest corner of South Ocean Boulevard and Larissa Road. There are currently no sidewalks along Larissa Road and no future plans to install a sidewalk along the right-of--way of Larissa Road. FUNDING SOURCE Not applicable RECOMMENDATION Engineering supports approval for sidewalk deferral. Enc cc Richard Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Caroline Kucmerowski CMT (originals) City Clerk Sidewalk Deferral File Agenda File May 15, 2007 S:\EngAdmin\Sidewalk Deferrals\1202 Larissa Rd\1202 carissa rd agenda memo 2007-OS-15.doc Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of , 200_, between the City of Delray Beach (hereinafter the City) and ~~ / fr1~ e~ ~i~ ~G=~ (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ~j S..SLt. Ql~, until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the fZt'y ~r%SS~ Q,~• right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: /Z~ ~/C 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the i Z.D2 ~i-; SSA ,`1~~. right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this~j~ day of ~- , 200 ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and sufficiency: City Attorney TNESSES: ~~ (Ple a or print name) ~ ,~ ~; Mayor OWNER: h ,/ ~'~' ~ ~~ ~ ~ ~~ (Please type or print name) STATE OF ~C-L: rZ- c ~ r~ ) COUNTY OF J~~-~-r/1'} ~ ~-~'e ~~- ) BEFORE ME personally ap eared ~r 5~- l~/fC~U ~-`~ who [is] [are] personally known to me or [has] [have] produced ~~ ~ j]c_ r.~ '~-~ / ~ [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [~] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this --~ day of~20~ 7 My commission expires: (signature) Notary Pu~ic ~'"~~~:;~ MARYSTEO+i (Seal) * * MY COMI~9SIpry i l)D 412091 ~, EXPIRES: AptN 5, 2009 °~~n~ BaidedThroBudD~MotH'Sarvic~ agt~sidewalk deferral agreement N ~ V W W ^ 0 RS N N 'i V N O N r a~~~0 a~ .0 W ~U 7 m J~ m~ y ~d U ani~Q uea~p S '~ m .~ r ca m n n H e M T .r 0 U N N m 0 N 0~0 Page 1 of 1 ~~*'°`'~ Gary R. Nikolits,CFA •~~ Palm Beach County Property Appraiser ~~- Property Mapping System Search Parcel Detalis Owner Information - PCN: 12434621060040010 Retum to PAPA Name' LLC URY LIVING OF FLORIDA OCatlOn: 1202 CARISSA RD Mailing: 840 COMMERCE PKY FORTVILLE IN 46040 1279 Appraisal Value Market Value: $1,012, Assessed Value: ;1,012, Exempt Amnt: Taxable: ~i,o12, Tax Value Ad Valorem: 922,23x• Non ad valorem: ;63.9 Total: szz,3o2.s Sales Information Sales Date Price Sep-2006 $1,425,0 Sep-2005 $1,295,0 ]un-2004 ¢945,00 ]an-1972 65 00 Legend Palm Beach County Property Map Parcel Boundary Map Scale 1:1456 0120 Lot nurrber Map produced on 5/8/2007 from PAPA http://www.pbcgov.com/papa http://gisweb.co.palm-beach. fl.us/ipapagis/presentation/mapping/printnew.asp?MAPURL=h... 5/8/2007 Date: 9 Ma 2007 AGENDA ITEM NUMBER: V . ti~lr. AGENDA REC~UEST Request to be placed on: Consent Agenda _X_Regular Agenda -Workshop Agenda -Special Agenda When: 09 May 2007 Description of Agenda Item (who, what, where, how much): Approval /authorization for Mayor to sign sidewalk deferral agreement for 1202 Carissa Road. Recommendation: Engineeringa~p~rts approval for sidewalk deferral. Department Head Signature:~~.~L.--~~,0 S -Y- °_ City Attorney Review/R,ecommendation (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: City Manager Review: (if applicable) Approved for Agenda: / No Initials: Hold Until: l./ Agenda Coordinator Review: Received: S:\EngAdmin\Sidewalk Deferrals\1202 Carissa Rd\1202 Carissa rd agenda 2007-05-15.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: BOB DIAZ, CONSTRUCTION MANAG THROUGH: CITY MANAGER ~~~ DATE: APRIL 25, 2007 SUBJECT: AGENDA ITEM # ~_ ..~ -REGULAR MEETING OF MAY 15.2007 CHANGE ORDER # 1 CONTRACT CLOSEOUT REP & ASSOCIATES FOR FIRE STATIONS NO. 1, 2, 3 & 5 WATER DAMAGE REMEDIATION (P/N 2006_039) ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 1 Contract Closeout in the amount of $5,322.00 to REP & Associates, Inc. regarding Fire Stations 1, 2, 3 & 5 water damage remediation. BACKGROUND REP & Associates provided additional project management and oversight services during the remediation of Fire Stations 1, 2, 3 & 5. Extra remediation activities for each of the four stations included testing for suspected water intrusion (windows) and building material samplings. See Schedule "A" attached hetero for additional details. FUNDING SOURCE The project is complete and all closeout documentation has been received. Funding is proposed from account 001-2311-522-46.10 (General Fund Fire Building Maintenance). RECOMMENDATION Staff recommends approval of Change Order No. REP & Associates, Inc. for Fire Stations 1, 2, 3 & 5 Contract Closeout in the amount of $5,322.00 to water damage remediation. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 Contract Closeout PROJECT NO. 2006-039 DATE: PROJECT TITLE: Fire Stations 1, 2, 3 & 5 Water Damage Remediation TO CONTRACTOR: REP & Associates, 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: SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 14,675.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 14,675.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 5,322.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 19,997.00 PER CENT INCREASE THIS CHANGE ORDER 36.26 TOTAL PER CENT INCREASE TO DATE 36.26 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. REP & Associates, Inc (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is proposed from account: 001-2311-522-46.10 $5,322.00 DEPARTMENT RECOMMEND: APPROVED: Environmental Services FUNDING By: ATTEST: By: CERTIFIED BY City Manager City Attorney City Clerk Schedule "A" ix_.... .. NIEI'~-~URA-NULTPVI Ta Bab Diaz, City of Delray B ~h From: Teresa Thomas 1~~;,t 12.e: Fire Statifln Remediation Frolect Date: April 17, 20Q7 RFP and Duraclean have cvmpieted the-remediation a~ivities dt alb Fire Stations (FS).The orignal,scope of wank vuas campieted; however, more mold/water:damage was discovered upon'tear out that wentbeyond the baundari~s afthe containments at all staxions. Additional dry wall removal areas-are surr~mar~:ed in;Attsrhment 1. The additianai drywall removal areas at'FS #S included the east wall of-the exercise rc~orn, the ceiling in fhe Lieutanant's shcswer stall, and the ceiling materials in the engine bay:area. ' The aridition drywall removed at FS#3 included an area on the east e~xteriar wall of Dorm )~.oam #$: Additions at-FS#2'ncluded the west wail of the officer's quarters, the trainuig room, me gYrri,<the east exterior rovall of fhe dorms. Investigation during remediatian activities at PS#1 identified additional water damage' along the: southwest corner and east wail of +Chief Ackerman's Office; east wall of the -west hall; south: wall in the 1~itchenlbreak roam and some of the kitchen cabinets; west wall of the east hallway.; east wall of the Adrrurustrative C~fixcer's Of~CCe; and, the southeast corner and west wall of the Chief Kohenys dffxce: The Storage areas had.no obvious source o~ water intrusion, thexefare weexamnsed these areas during 'the removal: of damaged insulation to determine the reason fen` waterlmoistnre intrusion and mold:. Storage areas were unconditioned spaces where the fire department`:stores .files, paperwork, :cleaning .supplies, ,and other objects. There are multiple soffit vents throughout the second floor of the building and they-are positioned approximately 6-8 .feet apart and covered with a. fine mesh. The wall that bordered tlxe conditioned office space had exposed bate insulation There was maid on insuiatian as well as the metal door frames, wood studs, and an some boxes, 3vlt~id, an the studs and boxes was cleaned during remediation activities. Interviews with station persar~nel at FS#1, FS#2, F`S#3, and FS#5 indicate drat the auras. of extra rernetiation:necessar5~ at tt~iese stations may have been caused by rciof or windauv leaks. REP recommends that -the necessary xaaf and window repairs be complete before the-drywall is replaced as this appears `lo'be an ongoing pxoblem. Attached are sumnYary talales that list the damaged material'''s discovered during the March 20106 inspection verses the materials removed. during the February 201 remediation. .Each table lists 'the staxt date and completion :date of the respective rerxxedzation activities for each station: ~Je initially budgeted far all work to be completed in 1.5 business days .and essentially as :the work increased the amount of time increased to a total of 3(3 business days. Schedule "A" 'KEPI m addition to the above activities. REP was informed about a new water leak associated with the north wall of the kitchen at FS#~,. Apparently a sprinkler head was installed in such a way That the water was directed toward .rather .that away from. the building resulting in water .intrusion. The REP ansite representative inspected the wall .and utilized a Delrnharst pin probe moisture meter to measure moisture content.. The moisture content is currently above background levels within the station hawse and the drywall is extremely soft tv the touch. We did not include this wall. in our remedatian activities, as it would require the removal of several kitchen cabinets. We understand that the kitchen is scheduled for renovation iri the future. 'i7Ve recommend that the cabinets on the r-arth wall be removed by a qualified .mold remediatian contractor under containmeni with REP's direct.. supervision. REP noted that the HVAC supply and return vents are very dirty at FS#5. REP was also .informed by station personnel that recently there have been numerous complaints of sinus problems, headaches, etc. Because of the condition of the supply and return vents and the complaints, REP performed an inspection of he HVAC syste~an including duct work. REP discovered a heavy dust load and same mold growth inside the HVAC unit and duct work As a precautionary measure, we perfaimed an inspection of`the HVAC system-at FS#3 FS#2, & `PS#l . fJur findings are similar to FS#5. REP strongly recommends that the HVAC systems be cleaned by a qualified HVAC contractor. j ~~# Schedule "A" ATTACHMENT 1 R.EI.ViEDIATItIN 'SU~1~11~~L4.RY' TALES Schedule "A" O D ~ ~ A ~.~~ ~ ~ ~ ~ ~.,~ ~ V. ~ ~ W C ~f .n (R h V! 8.. C y N un ~ O vt ~D M ~ ~ K7 e+t f V ~ ~ ~ i ,'.~ r. ~ Q i w 4. o `L ~ 4~ r.. ~8 N I1 ~ ~ ~' ~ ~p ^ p u ~ ~ ~ ~ ~: ~ ~ ~ a ~ ro ~ .~ ? d ~ c ~ b ~ ~ ~ a ~ n a K +~' A ~ ~ ~ ~ b '~ A: ~ s ~ :s ~ b :. y.;,,F Db ~ h. VM _ ~ N ~ ~ ~' v J3 N L 00 rQ b p 'E _ +~C+~ • a :E %q, _ ' 1 r i 'p0 ~. ~ ~ .Q OO C d_ ' Y ~ N a ~ C y G~{ '6' ~ y ~ ewt g ~ ~ - Y . r . ~ ~ S- . ro ~ . i' ~ ~ ~ ~ `° ~C 3 •~ ~ i ~ ~ M ~ i .. Q ~ . ~. ~". ~u L. y ,,emu, ~ a~ a~ ' ~ ~ ~,. ~ - er 3 ~ ~ , p p ?.~., L1 CJ 41 L•I U S.3 W Vl U ~ i.t "~'.~ U '~' u O J ~~- b 1 d ~+ . C.•• G C: '" ~ X a ~ a ~ y 4. ~ a .~ .~ S3 o to C3 u "Y~ ~ ~ ~ V ~:~r U 3G t ~.. ~~ ~ U: F. (a. e' 0 r i~ c g 'o ~ ° e ~ ro V ~ 6~ 4 $ ~ F 3 Q C. a ! O ~ ~ u. 4 + _g g ~_ C ° $ 3 y g ~ e g: ~ ~ 3~ G~ i' b r ~ a u ~ n ~ Q~Q ~r 6 5 ~ ~' F =. ~ ~ ~ a u y o a' a~ ~~ ~~ a`~ ~~.:~ ee-s ~~ iv~~ . v~ ° a - ~ t; ~~ b~i rn ~':3 ~~~ ~ (~.5, ~3~ 4 ~ n~f sa ~--vim n ... ~ ~: u .N. 5+_ + ~ .. y+ ~ ~}, . L ~ R Sr ai ~ ~ F s~S ~ S O G 2]. LJ a f ~ ~, s ~ v d ~~ _$ 4 Schedule "A" - u. O Schedule "A" ~ ~ .,i. ~ u, ~nD h W ~ N N N M r r '4 W N C~,1 U ~U U- CaJ. U. CT U U ~ i i 3 x a e u p " s' ~ ~ , C d4 ~ 9D 46 A w m w .n Tn y '~ •. s +~r •a '~ ~ 3 ~ c m c .on ~ a r"3 v U ~ ~ ~ c'3 m3v,~' G ~r' F ;L ~ ~'~ $ ~ Yw ~~ ~ ~ V S3 ~ c ~ '~_ aLC a ~ ''~~q aL J Q ~" '«~ it7 ~ 4 W 4' ~ ~ ~'~ ~ ~ ~ ~ ~ '~ e _~~~~~ M- n Q. v. u -i'r Ti u ~~ ~ ~ ~ _~ :~ ~ _~ ~J ~ ~. ~. a _ y 'y. _. ti5 ~ .£ ~ c.:. R ?a a -U. V U iJ. U U. 6 ~ a° ~ ~ ao 3 ~ .~ 3 a ~ r ~ ~ ~ ~~_ ~, $ x ~ a $~ ' Schedule "A" ~~ ~. O b ~ .~ ~ 8 Y Q~ C ~~,~ Agenda Item No. Request to be placed on: AGENDA REQUEST Date: April 25, 2007 X Regular Agenda Special Agenda Workshop Agenda When: May 15, 2007 Description of item (who, what, where, how much): This item is before the Commission to approve Change Order No. 1 Contract Closeout in the amount of $5,322.00 to REP & Associates, Inc. regarding Fire Stations 1, 2, 3 & 5 water damage remediation. The project is complete and all closeout documentation has been received. Funding is proposed from account 001-2311-522-46.10 (General Fund-Fire Building Maintenance). ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends approval of Change Order No. 1 Contract Closeout in the amount of $5,322.00 to REP & Associates, Inc. for Fire Stations 1, 2, 3 & 5 water damage remediation. Department head Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (reAt~iresl~on all items involving expenditure of funds): Funding available: ES/,~ /.~- Funding alternatives (if applicable): Account No. & Desc~'~tion 001-2311-522-46.10 General Fund-Fire Buildin Maintenance Account Balance IS ~5' . ~/~ City Manager Review: Approved for agenda: ES NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: CITY MANAGER DATE: 09 MAY 2007 SUBJECT: AGENDA ITEM # O . C~ -REGULAR ML~'L~"1'11V(i ur~ 1~ InAY SERVICE AUTHORIZATION #04-13 - MATHEWS CONSULTING SW 2 AVE - SW 1 ST TO W ATLANTIC AVE PROJECT # 2004-005 ITEM BEFORE COMMISSION Requesting Commission approval/authorization for Mayor to execute Service Authorization (SA) #04-13 with Mathews Consulting for the design of improvements along SW 2"d Avenue from SW 1St Street to West Atlantic Avenue. Cost of this Service Authorization is $69,611.00. BACKGROUND SW 2" Avenue is in poor condition because our original agreement with Palm Beach County for the South County Courthouse called for the street to be abandoned when the courthouse was expanded. Subsequently the Downtown Master Plan recommended that no more streets be closed, and the new library was placed on the east side of SW 1St Avenue. Therefore, the street is now proposed to be improved upon completion of the current expansion of the South County Courthouse project. Improvements along SW 2"d Avenue will include on-street parking, drainage, decorative street lights, paver sidewalks and landscaping and irrigation. The CRA is participating in the cost of this project. FUNDING SOURCE This project is funded from the General Construction Fund (Fund 334) and the Storm Water Enterprise Fund (Fund 448). Account # Balance SA Amount 334-3162-541-65.87 $358,600.00 $44,551.00 448-5461-538-65.87 $201,000.00 $25,060.00 Total $69,611.00 RECOMMENDATION Staff recommends approval. C:\Documents and SettingsUtarden\Local Settings\Temporary Internet Files\OLKF912007-OS-IS Mathews Agenda Memo.doc \W V ~~ 0 }+ ~_ ~~ 0 N ~ ~ r' .~, U ~O L d. Q N U (~ a~ m L Q~ 0 0 0 N CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION (~ n ~ (~ `~ DATE: SERVICE AUTHORIZATION NO. 13 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO TITLE: SW 2"d Avenue Streetscape/Infrastructure Improvements This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION The scope of this Service Authorization is, but not limited to providing geotechnical services, survey services, final design, permitting, and bidding services for the proposed streetscape improvements (reconstruct existing roadway, curbing, brick paver sidewalks, raised brick paver crosswalk, parallel parking, and pavement markings), decorative street lights, landscaping and imgation, and minor stormwater improvements. The design will be based off of the "Conceptual Streetscape Plan and Landscape Plan" previously prepared by others. The project limits are as follows: ~ S W 2"d Avenue (from S W 1 S` Street to Atlantic Avenue) II. SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable. Phase II -Preliminary Design Phase Not Applicable. CountryClubAcresS/7/2007 1 MATHEWS CONSULTWG DgQG~4 Phase III -Final Design Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated March 16, 2004. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk-through will be included. In addition, potential underground and aboveground existing utilities will be identified. Coordination with utility agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan/profile drawings, brick paver cross-walk plan, decorative street lighting drawings including photometrics, landscaping and irrigation drawings, signing and marking plan, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2005 format. 4. Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Drawings and specifications (four copies) shall be submitted for City review at 50%, 75% and 100% stages. 6. At the 50%, 75% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. 7. Consultant shall attend kick-off meeting and two (2) design meetings with the City and provide a written summary of the issues discussed. 8. Consultant shall provide internal QA/QC reviews on the 50%, 75% and 100% Design Documents (e.g. drawings, specifications and cost estimates). 9. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of AutoCAD (Version 2005) files in electronic format (*.DWG & CountryClubAcresS/7/2007 2 MATHEWS CONSULTING D G3lQ f~'~ *.DWF) on CD. Specifications shall be provided in electronic (PDF & WORD) format. Phase IV - Bidding/Negotiation Phase 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide twenty-five (25) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall attend mandatory pre-bid conference and provide a written summary of issues discussed. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Consultant shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star". Phase V -Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit an Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City (if requested by City). Other -Permitting At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD). Permit applications shall be completed for SFWMD ("No Notice Permit) as required. Associated permit application fees shall be determined by Consultant and paid by City. CountryClubAcresS/7/2007 3 MATHEWS CONSULTING DGl1~4 In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. ^ Respond to request(s) for additional information from each agency. Other -Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of--way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. All topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the right-of--way (including 10- feet back on each side of the right-of--way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two corners of the building on each lot. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. CountryClubAcresS/7/2007 4 MATHEWS CONSULTING ~~~ar~~ c. Identify platted rights-of--way {including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of- way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of--way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. e. The survey shall include topography of the complete intersection, 50 feet beyond radius returns, at the terminal end of each street. f. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. g. Provide one permanent bench mark tied to State Plane Coordinates. 2. The above topographical survey data will be prepared in AutoCAD (Version 2005) Other - Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: Perform up to three (3) standard penetration test (SPT) borings to an average depth of fifteen (15) feet. Evaluate field data collected and provide geotechnical engineering evaluation report. Other -Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately ten (10) utility locations will need to be pot-holed. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. CountryClubAcresS/7/2007 5 MATHEWS CONSULTING ~~ra~4 City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 7 calendar days of NTP. 2. City personnel will assist in field verification of affected existing City facilities. This includes painting the locations of water mains, force mains, sanitary sewers and laterals in the field for the surveyor. 3. Consultant can assume that all existing and proposed streetscape/infrastructure improvement alignments are within City of Delray Beach, rights-of--way. The project will not encroach into FDOT rights-of--way (Atlantic Avenue). 4. Consultant will submit a "No Notice Permit" to SFWMD. If SWMD requests a Standard General Permit, the preparation of this type of permit would be considered an Additional Services Item. 5. City will be responsible for acquisition of easements (including temporary), if required. 6. City is responsible for all permitting fees, including costs of public notification in local newspapers. A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services Item. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of sanitary, water, drainage, reclaimed water and streetscape improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, permitting regulations, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. CountryClubAcresS/7/2007 6 MATHEWS CONSULTING DG~~~,f~4 A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Refer to attached Project Schedule. Engineering Services Time Qer Phase Cumulative Time Survey 4 weeks 4 weeks Phase III -Final Design~l~ 22 weeks 26 weeks Permitting~2~ 4 weeks 26 weeks Phase IV -Bidding 8 weeks 34 weeks ~l~ Geotechnical and Field Verification will be completed during Phase III -Final Design time period. ~Z~ Permitting will be completed during Phase III -Final Design time period. * The schedule is based upon conducting a review meeting within 7 calendar days after City receives the Submittal. All review comments shall be provided to Consultant within 7 calendar days after City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtaining comments takes longer to receive. IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Engineering Services Estimated Fees Phase III -Final Design Phase $ 44,367.00 Phase IV -Bidding Phase $ 7,587.00 Permitting $ 1,418.00 Surveying $ 6,215.00 Geotechnical $ 3,724.00 Field Verification $ 3,300.00 Out-of-Pocket Expenses $ 3,000.00~1~ Additional Services $ 15,000.00 TOTAL PROJECT COST $ 69,611.00~2~ Notes: ~~~Out-of-Pocket Expenses include the following. printing/reproduction and postage. ~Z~Total project cost does not include the $I S, 000 for Additional Services (if authorized by the City). CountryClubAcresS/7/2007 7 MATHEWS CONSULTING This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: Jeff Perlman, Mayor MATHEWS CONSULTING, INC. Date: David Mathews, P.E., Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _day of , 2007 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement CountryClubAcresS/7/2007 8 MATHEWS CONSULTING rn Q 3 3 o ~ 0 N ~ a Q iv a m LL C ev V d D Z ~ ... v O a d ti N 0 0 N p1 7 Q C 7 ~+ 3 3 ~a ~ ~ r Y a d ~ ~ ° Y N d ~ H ~ .1L o 3 d d Y ~ °1 . d 3 ~ ~ ' ~ m ~ i a 3 ~ 3 ' ° 3 o g ; o m ~ ~' ; oo ~ ~' = as ~ ~ :. ~' ~ ~ ~' a m a U o t) ~ ~ c, ~ 'a .« ~. m ~o ' ° ~ o E 'a e`o c ~ ~ ~ u ~ ~ ° d ~ 3 0 Z N LL a m Q V z ~~a W ~o x ~ ~z= ~U •~ r'~1 ~, .~ U ~~~taG~4 W Z cW 6 U Ia- Q c A 0 U N Ny~ ~' 7 01 O 0 r 0 M I i N ~O~pp ~ j ! O tD I I ' tf> a00 O 0 `~ ~ ~ I Uf '.. •= ~ H 2 N o OI O f r m O~ i o ~ I ! . (O vi C j rilri `' M o~ ~ ~ ~ in ~ I us vs,sv w '~w U I I ~ ~ ~ I I ~, ~ , 'I i ~~ N r N O N O hsT~ O (N ~ CO M 00 (O') O M ~ If> O ~I ' O r O .~- .V.Vff~~ ~f N ~~t ~ I i ap •t ', I a0 V ~ ~ I ~. ~i O lU ~ J f0 FR ~ fA a D f7 iH O O. f7 b9 V C7 fH O_ f7 fA W ~ N fR _ N f9 fH ~ M w O)' ~ fN N Vl 69j O) ~1 ~ Vi Yi I. j T wl e- W ,, I I ~ ~ O) ! N N NI ? j fO M I N ~i N~fD f0 ~', CG N j ~, NI 'I NII _ OI O) II III j _ V~ ~ I t I I j I ~ it 'i I N fA , I W N ~ O p 'O C C B Of I I I ~ p ~ ~ I I O i ' i I ~II O~ j j ~ I ~ d N U ~ i L ~ ' I I I t 0 . i j . ~ I ~ ~ I ~ O ~ I j j I ! ~ N O .C C t 001 I M N N ~ ~ ~ i . ~ ~ O M O ~ I O l n O '. ~''.. I O (n UJ ~ j ~ j ' ~ I I I I i i I j I I w O ! I ( ' ., ~. j l ~, ~., I I 2 I I I f U d 4 I I O o o ! o p ~ H N n i I f I I tH I I i J V I i I ~ I I ' cp ii I I' i ~ ~I ~ ~ O ~.I N j O i ~ N O r I 'p~ ~ I ~ I O ~ N ~ C W ~ ~ ~, , I I i i ~ O O I I i % i '~. li ' ~ , O ~ ' o y o ~~ ~ N ~ I M O 10 n ~ i i o ~ O nl ~ o N j , 1 ~ ''' fR I. I (J 64 j c ~ ~ T O O fO M O ~ O N ~ I M ~ O V ~ N O ~ I ~ O M ~~~-" ~ ~ ~ tn0 O ICI C O r ~ ~ N ~ ~ ~ ;, I ~ I ~ ~- O M _ M ~ ~"~ {q ' t0 a` W in ~~ I ! ~ I ! is ~ w ~ w w w I- I ~ o ~ I ~ i~ ; a ~ i 'I I ~' ~ ~ I ! II i I '~ ~ j I ~I ~ ~ . ~ I ~~ I ~ '~ ~ '~ I III I ~ I I ~ I ~~ ' I. y y N C j i !~ I I ! I I ~ ~ C G '3 i ~ ! ' _ t i ~ W ~ I .. I 1 ', I I I I I ~ I y'.. 0 ' ~ ~ ~ j ',. ! ~,, H ~ . . C N c o c ~+ - ' I ~ I ' fi' N r. ~ I a p s - .~ F d p I t ~ N ~ I ~ '. I c 0 2 0 U ~ ~ I U 7 ~ W o a I, o ~ a o p !, ' ~ I m r ~ ' ~ ! o ~ ~ w ~ l ~ r c d o , I ~ ~ ~ .~ ; ~; y Q m C r .- N C~7 cy M r) M IS tf/ 10 '~ 1~ GO ~ O)' m t .- N l+1 ~'!ln S ~ c r ~!~ N ~ cn to F' c O co c O ~ ~' iii d N C N IYp /Yg I N N N N N , N N N~ ~ N f0 N f6 N lC NON f6 /0 I j ~ d Zi~ 7' N ~ N ~ .fl f0 ~ iC ~ R ~ 7 U ~ 7 ~ 7 1 ~ d •0 cC F- 'tLL l0 I- f6 N F- F- 10 H eC , F- I N '' F- f6 F- l0 F- c0 F lE 1-- [6 • F-' m . H H F- I ~ I t- ; d fq C7 ii J J J (A !q V7 2 4. j ~ ~ I Z ' ~ I I II I ~ I ~~I i j ~I , ~ I I 0 , l i j a ~ ~ I ~ GC G 3 N d 7 m o> a c 0 U 09 Ma 2007 AGENDA ITEM NUMBER: ~- `~ Date v r AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda -Workshop Agenda -Special Agenda When: 15 May 2007 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute Service Authorization #04-13 with Mathews Consulting, Inc., for design of Infrastructure Improvements on SW 2na Avenue from SW 1St Street to W Atlantic Avenue. The cost of this Service Authorization is $137,621.00. Account # Balance SA Amount 334-3162-541-65.87 358,600.00 44,551.00 448-5461-538-65.87 201,000.00 25,060.00 Total 69, 611.00 Staff Recommendation: ' Apprc~al ,g Department Head Signature: ~, ~ ~.~~ s- `~-u'~- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Fundin Available: Yes / No Initials: S~ g Account Number See above Description SW 2na Avenue Account Balance: See above Funding Alternatives: City Manager Review: Approved for Agenda: ~~ / No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\Projects\2004\2004-005\OFFICIAL\2007-06-15 Mathews Agenda Request.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. ~~ THROUGH: CITY MANAGER DATE: 09 MAY 2007 SUBJECT: SERVICE AUTHORIZATION #6 -SPATIAL FOCUS. INC./GIS PLAN FOR UTILITIES PROJECT # 2007-043 ITEM BEFORE COMMISSION Requesting Commission approvaUauthorization for Mayor to execute Service Authorization #6 with Spatial Focus, Inc. for development of a plan for unifying various utility data sets used in mapping and work order processes for managing the City's utility services. Cast of this Service Authorization is $29,400.x0. BACKGROUND Environmental Services has a number of applications developed over the years. These applications were developed to address individual concerns. All these applications use digital data or mapping in one form or another. This plan will provide both the uzuting of data and updating all processes including hardware and software. The overall goals of this project are to support utilities operations, increase efficiency acid improve customer service. FUNDING SOURCE Funding is provided from the Storm Water Enterprise Fund {Fund 448) and Water/Sewer Enterprise Fund (Fund 442) as follows: Account # Balance SA Amount 448-5411-538-31.90 $22,850.00 $22,850.00 442-5178-536-63.51 $ 6,550.00 $ 6,550.00 Total $29,400.00 RECOMMENDATION Staff recommends approval. S:~EngAdminlProjects1200T2007-04310FFIC1AL~2007-OS-1 S Spatial Focus SA Agenda Memo.doc CONSULTING SERVICES AUTHORIZATION DATE: APRIL 23. 2007 SERVICE AUTHORIZATION NO.: 'fOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: info~,atlon S®rvices for Utllltles This S®rvice Authorization shaft b+e Incorporated in and shall become an integral part of the contract. 1. PBOIECT DESCRIPTION: Spatial Focus will provide technical assistance in creating a plan for acquiring software and hardware to unify the data, mapping and work order processes for managing the City`s utility services. II. .SCOPE OF SERVICES: The scope of services is described in the attached proposal. There are four defined tasks: Development of Workflow Descriptions, Examination of Data Sets, Documentation of Potential Improvements for Workflow, Hardware, Software and Data Integration, and Development of an information Services Plan for Utilities. 1I1. BUDGET The budget is based upon the tasks as described fi the Proposal attached hereto. '. Cost _ ' Units/Rat+e ~ Total of Workflow of Data Sets 14 days/$800Iday 14 days/$6Q0/day ttion of Potential I ants for Workflow, Software and Data days/$800/day __ ev opment of an Information Services Plan for I10 days/$800/day KJtilitles _ j10 days/$600/day ~ $14,004.00 (Travel associated with Tasks "dare, lodging, meals and round transportation ' $~0 00 '~' TOTAL ! ~2o ann nn This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. if the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liabii#ty. The CONSULTANT may not commence worts on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: Ci1TY OP DELRAY BEACH CONSULTANT: Spatial Focus, Inc. Date Date: ~'/~a-~ By' David Hardin Martha Lombard C1ty Manager Treasurer Seal Attest Witness: Witness Approved as to Legal Sufficiency and Form Attes~'"'~.~ BEFORE Ml=, the foregoing ins~ru~rrient, this day of April, 2007, was acicnowiedged by N~artha Lombard on behalf of the Corporation 5patlal Focus, Inc., and said person executed the same freely and voluntarily for the purpose therein expressed Witness my hand and seal in the County and State aforesaid this ~~~day of April, 2007 Notary Public State of_Al~bama My Commission Expires: ~~-~, ~8 April 25, 2007 Proposal for Consulting Services: Information Services for Utilities The City of Delray Beach, Division of Environmental Services, has requested a proposal for technical assistance in creating a plan far acquiring software and hardware to unify the data, mapping and work order processes for managing the City's utility services (stormwater, water distribution and wastewater). At present, the City has a number of applications and databases deployed in utility services that were developed in isolation, all of them using digital data or mapping in one form or another. These applications include, but are not limited to: • Hansen • Tv Trucks • Haestad • G1S mapping and data • AutoCAD mapping • Utility Billing (HTE) Custom Microsoft Access data and applications. For example, there are applications facilitating workorders and tracking for stoppages utilities stormwater wastewater TAC (Technical Advisory Committee XC2 program for backflows, Prewin from sabre for industrial pretreatment The plan will provide for both uniting the data and updating the processes, software and hardware. The overall goals are to support utilities operations, increase efficiency and improve customer service. Consulting services are divided into four tasks. The tasks are: Create workflow descriptions. Spatial Focus will work with Delray Beach staff to develop accurate descriptions of customary tasks, and the data, hardware and software required to support current practice. DECnrup Office: 436 Avtaa Srnser • DECATYJR, GA 30030 Vace:404.378.0989 • FAX:404.806.6257 Ho-ee 0~~: 5364 PiNevwooo {'TOAD • r31RAAfIJf3HAM, AL 35242 City ofi Delray Beach Information Services for Utilities Where mobile crews are involved the physical conditions will be accounted for: size and configuration of trucks, equipment and conditions of operation. • Time allocated: 3 days, on site. • Deliverable: Technical memorandum documenting workflows and their connections with data, hardware and software. Examine of data sets. Spatial Focus will examine data sets identified in the workflow descriptions to further assess needs for various applications, and to identify opportunities for data integration. • Time allocated: 4 days, off site. Deliverable: Technical memorandum describing data required to support workflows. Existing data sources and connections will be documented and evaluated. Develop plan goals and objectives. Spatial Focus will work with Delray Beach staff to documen# opportunities for service and efficiency improvements. Particular attention will be paid to efficiencies offered by data integration and software packages have not been upgraded. Budget targets will be identified where appropriate. • Time allocated: 2 days, on site. Deliverable: Technical memorandum detailing goals and objectives far the plan. Produce an information services plan for utilities. The plan will integrate documentation generated in all the other tasks, and provide methods and recommendations for achieving goals developed during the project, within budget targets. Clear criteria for hardware, software, data and mapping will be provided to guide the implementation. Candidate packages identified and discussed, subject to further examination during plan implementation. Tasks, estimated timelines and dependencies will be identified. • Time allocated: 10 days, off site. • Deliverable: Plan document. Pro)ect Team: The Project Team will be led by Sara Yurman, Spatial Focus principal and Project Manager for Delray Beach. She will be assisted by Matthew Yurman, Systems Administrator, and Kristen Perry, Quality Control Supervisor. Schedule: The consulting tasks will be completed within 60 days of receipt of an executed Service Authorization, provided that delays in completion of work to be done by City staff shall not be counted toward the requirement for completion. SP/1TIAL Focus, INC. OM12107 P~aE 2 Date: 0 M 2 7 AGENDA ITEM NUMBEft:~ `~`~'' AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda Workshop Agenda -.Special Agenda When: 15 Mav 2QQ7 Description of Agenda Item (who, what, where, how much): Requesting Commission approvaUauthorizativn for Mayor to xecute Service Authorization #8 with Spatial Focus, Inc. for develop nt of a lan r "~ ~ s data sets used in mapping and work order processes Cost of this Service Authorization is $29.400.00. Account # Balance SA Amount 448-5411-538-31.90 $22,850.00 $22,850.00 442-5178-536-63.51 $ 6 550.00 6 650.00 Total $29,400.00 Staff Recommendation: Department Head Signa City Attorney Review/Recommendation {if applicable): Budget Director Review (required on all items involving expenditure of funds}: Funding Available: Yes / No Initials: YES Account Number See above Description SW 2nd Avenue Account Balance: See above Funding Alternatives: City Manager Review: Approved for Agenda: ~J No Initials: Hold Until Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\Projects\2007\2007.043\OFFICIAL\2007-06-1b Spatial Focus SA Agenda Request.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RICHARD C. HASKO, P.E., ENVIRONMENTAL SERVICES DIRECTOR THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: MAY 9, 2007 t~ SUBJECT: AGENDA ITEM # V • ~ -REGULAR MEETING OF MAY 15, 2007 ALTERNATIVE WATER SUPPLY GRANT APPLICATION ITEM BEFORE COMMISSION Staff requests that Commission authorize the Mayor to sign an application for the City to apply for an alternative water supply (AWS) grant from South Florida Water Management District to provide supplemental funding for the Area 4 expansion of the City's reclaimed water system. BACKGROUND The South Florida Water Management District administers an annual grant program funded by the State to provide supplemental funding for the development of alternative water resources such as construction of membrane water treatment facilities and advanced wastewater treatment facilities that produce reclaimed water quality effluent. The City has received funding in prior years through this program for extension of it's reclaimed water transmission system. The subject AWS Grant application is to request funding for construction of the system to Area 4, making reclaimed irrigation water available to the golf course at DelAire Country Club. The construction route for the proposed transmission main is shown on the attached exhibit. This project will result in the use of approximately 1.2 million gallons per day (mgd) of reclaimed water for irrigation. The project budget is $1,200,000. The maximum grant value is 40% of the construction cost, or, for this project, $480,000. The remaining $720,000 will be funded by the City's Water & Sewer Fund. Grant funding will be available in October, 2007. Project construction will begin in October, 2007 and fmish by July, 2008. FUNDING SOURCE The request is for application for the grant only. No funding is required. RECOMMENDATION Staff recommends approval of the grant application and authorization for the Mayor to execute the application document. Cc: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., City Engineer Reclaimed Water Area 4 Main Alignment Alternative Water Supply Funding for FY2008 Instructions for Providing Information The attached forms must be completely filled out with responsive statements. This information request is a Microsoft® Word file. Type responses below the appropriate question. Please include all requested documents, and provide complete answers to all questions. The application is organized into three parts: Part 1 -Project Summary, Part 2 - Project Details, and Part 3 -Project Background and Supporting Information. A Response Checklist is provided to facilitate final review of proposal format and content. The items requested must appear in the order that they are requested. The Acknowledgement Form must be signed by a responsible party representing the entity applying for grant funds. The District cannot contract with consultants. Grant applicant refers to the entity applying for funds and executing the contract. Failure to properly complete the forms or answer questions may result in a project not being considered for funding. If a question is not applicable to your facility or project, please say so, rather than just skipping the question. While complete responses are important, please be brief and concise. Each proposal should be limited in size to materials that can fit in a 1" binder or less. Please provide an electronic copy in Microsoft® Office Word format of the responses to this information request, as well as 10 paper copies. Clearly mark the original copy as "Original Copy". Do not submit the application in .pdf form. Excerpts from existing documents, such as permits, can be in hard copy only. Statements of work and deliverable schedules must be part of this application. The completed form must be received on or before 3:00 pm on June 1, 2007 and should be addressed to: Alternative Water Supply Program Attention: Ms. Jane Bucca Water Supply Department (Mailstop 4360) South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 (561) 682-6791 (800) 432-2045, ext 6791 For hand delivery, please bring items to the B-2 Building Lobby. AWS Funding Program Website The application and examples can be accessed on the District webpage, www.sfwmd.aov, by clicking on the following links: "What We Do", "Water Supply', and "Alternative Water Supply." Page 1 of 24 Alternative Water Supply Funding Program Application Response Checklist The Response Checklist is provided to assist the applicant when filling out the application. It should not be relied upon in lieu of the instructions otherwise provided within the document. The applicant should read the entire application thoroughly. There is no requirement to complete this checklist. Application submitted by June 1, 2007. Part 1- Project Summary is complete; Table 1 has been completely filled out. Part 2- Project Details is complete; Figures 1, 2, 3 have been attached where requested in the document. Table 2 has been completely filled out, Table 3, the deliverable schedule, is com lete Part 3- Project Background and Supporting Information is complete, including Tables 4 & 5, the Water Su 1 lan a e, and Rate Information Responses have been typed below the appropriate questions or in the space indicated. No uestion has been left blank without indicatin that it does not a 1 . The FY 2007 Alternative Water Supply Funding Program ACKNOWLEDGEMENT has been com leted, si ned, and notarized Appendices A, B, and C have been attached. An electronic copy of the proposal in Microsoft® Office Word format has been rovided. 10 copies of the proposal have been submitted. Each proposal is fits a 1" binder or less. Page 2 of 24 PART 1-PROJECT SUMMARY Project Naming Convention: Because numerous projects from the same entity often apply for funding in the same funding year, please follow this naming convention to help the SFWMD reviewers to properly identify projects, and phases of projects previously funded. The project name should show the entity applying, and a specific title of the construction project for which funds are being sought. Water made available and geographic identifiers are recommended if several similar projects will be applying this year. Correct: Palm Beach County 3MGD Century Village Reclaimed Water Facility, Phase 1 Incorrect: Palm Beach County Reclaimed Project South Central Regional Wastewater Treatment Plant (SCRWWTP) Regional Reclaimed Water System: Part 2 of 3: City of Delray Beach Area 4 Reclaimed Water Distribution System Project Name (if this is a multiyear project, please use the multi-year project name followed by the phase name or number for which funding is being sought -see example above) City of Delray Beach Grant Applicant (Entity that would enter into an agreement with District -not consultant. If the land is leased, attach (in Appendix A) a copy of the lease agreement and a letter from the land owner authorizing the construction of the project.) Richard Hasko, P.E. Director of Environmental Services 561-243-7336 Project Owner Representative Telephone 434 South Swinton Avenue 561-243-7060 Delray Beach, Florida 33444 Fax Address Hasko@ci.delray-beach.fl.us E-mail Palm Beach 59-600308 County where project is located* Grant Applicant Federal ID Number Lower East Coast Project Latitude/Longitude* Water Supply Planning Region * If the project is located outside the District boundaries, please describe below how the project will benefit this District (e.g., percent of the total water made available that will be used within this District's boundaries, show service area boundaries both inside and outside the District). Rene L. Mathews. P.E., President Consultant/Contractor Representative Mathews Consulting. Inc. Company Name 561-478-7961 Telephone 561-478-7964 Fax rmathews@mathe wsconsultinginc. com E-mail Page 3 of 24 Short Description (two to three sentence description of the project phase for which is Construction of Area 4 reclaimed water transmission system consisting of approximately 4,300 linear feet of 24-inch reclaimed water main and associated valve and meter boxes to serve the Delaire Country Club golf course. Alternative Water Source: (check the applicable boxes) ^ Seawater ^ Brackish water from aquifer ^ Sources made available through new storage capacity: ^ Aquifer Storage & Recovery (ASR) ^ Above ground impoundment ® Reclaimed water ^ Other source designated as non-traditional in a water supply plan (List source, page # and water supply plan title where source is identified) Proiect Summary: Please complete Tables 1, 2, and 3 showing cost, funding, and the amount of alternative water this project's phases will provide. Note that a spreadsheet version of Table 2 is available on the District website. Table 1 - Project Summar Quantity of Water Made Available' (mgd) This Phase (by August 1, 2008) Total Project 1.163 m d for Area 4 5.04 m d for Areas 1, 2, 3, 4, 11 and 13 .Project Completion Dates:. This Phase (Au ust 1, 2008 or earlier) Total Project Mav 1, 2008 July 31, 2010 .. ,, PreV1011~ SB444 SFWMD l~ tlxidxng Amount Awarded Amount to be expended b Au ust 1, 2008 $650,000 total ($150,000 FY 2005 and $500,000 FY 2006) All amounts ($650,000 total) were ex ended rior to Au st 1, 2006 Page 4 of 24 PART 2 -PROJECT DETAILS Statement of Work: Provide a Statement of Work for this project, describing specifically what will be built with these funds. Please use the format provided below. Refer to the AWS Funding program website referenced on the cover page of the application for acceptable SOW examples. It is recommended that SOWS be concise and to the point: one page is preferable; no more than two pages are recommended. A. IntroductionlBackground (4 paragraphs or less) The City of Delray Beach has established new alternative water resource goals in conjunction with renewal of the City's water treatment plant water use permit. Implementation of a reclaimed water system will reduce demands on both the surficial aquifer and on the City's potable water system. The City's reclaimed Water Master Plan completed in November 2003 identifies "Area 4" as the third phase of City's total reclaimed water system, which will provide up to 1.163 mgd of additional reclaimed water use. The City plans to implement other phases of the Master Plan on a continual basis over the next 5 to 10 years. The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant. B. Objectives (1 - 2 paragraphs) The objective of this project is to implement the third phase of the reclaimed water system within the City of Delray Beach and to promote up to 1.163 mgd of additional reclaimed water use. C. Scope of Work (1- 2 paragraphs) This project consists of construction of Area 4 reclaimed water transmission system consisting of approximately 4,300 linear feet of 24-inch reclaimed water main and associated valve and meter boxes to serve the Delaire Country Club golf course. Proiect Maus (Insert the following figures below. Each figure should fit on 8.5" by 11" paper and, if applicable, should have a North arrow.) Figure 1 -Project Location -City or town map clearly showing the project location in relation to the nearest major street or road intersection. See map attached. Figure 2 -Project Details -Project-level map showing sufficient general details and information to help the reviewer understand the proposed project (e.g., show the proposed pipeline between the two intersections bounding the project; show the plant layout with the Page 5 of 24 proposed project phase components highlighted, e.g., storage/chlorination tank). See map attached. Figure 3 -Process Flow Diagram -For projects where a process flow diagram would help clarify the work being proposed, such as treatment plants, provide a general process flow diagram showing existing and proposed major project components. Highlight the proposed work and clearly show the phase proposed this year. Not applicable. Page 6 of 24 Figure 1 Page 7 of 24 Figure 2 Page 8 of 24 m b 0 0 ~ ao o co 0 ~ ,~ ds ~ ~ y p O U ~..~ T." 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Cost ($) Date Construction of approximately 4,300 linear feet of 24-inch reclaimed water 1 main and associated piping, valve and May 1, 2008 $1,200,000 meter boxes to serve Delaire Country Club. 2 3 4 5 6 7 Total * $1,200,000 * Deliverable/task descriptions and total cost should match the Table 2 information for FY08. Deliverables should be sufficiently descriptive (i.e., number and size of pumps; length, diameter, and location of pipelines; etc.) to help the reviewer understand what is being funded. Please refer to the examples provided below and on the AWS web site referenced on the cover page of the application: Correct: Installation of Floridan Well F-3, 16" diameter to an approximate total depth of 950'. Incorrect: Floridan well installation Correct: Installation of approximately 1,300' of 20" diameter reclaimed water main from XYZ Farms to ABC Road. Incorrect: 1,300' reuse main Correct: Construction of Floridan Well Head (Pumps, well discharge head, electrical equipment & control panel & well house) for well F-11 Incorrect: Well head construction Correct: Purchase and installation of two (2) RO skids RO 1 & 2, each 1 MGD Incorrect: Installation of RO skids Page 10 of 24 PART 3 -PROJECT BACKGROUND AND SUPPORTING INFORMATION Please clearly and briefly answer the following questions and provide supporting information. All information concerning statements of work and deliverable schedules must appear on this application on the pages and in the order requested. Do not reference other documents or exhibits elsewhere in the application. 1. Readiness to Construct FY08 funding is for construction that will take place between October 2007 and August 2008. It is very important that this project/phase be completed by August 1, 2008, in order to fulfill the legislative mandate for producing alternative water supplies. Therefore, provide sufficient information clearly demonstrating that this project can be completed by this date, taking into account reasonable delays. Please answer the following questions. If the answer to any question is no, please explain. Inability to clearly show that project can be completed within the timeframe will result in a project not being considered for funding. Y N N/A • Have the project design and bid drawings been completed? Y • Has a contractor been selected? N • Have all agreements, right-of--ways, etc. been executed? Y The project design has been completed. The project is scheduled to bid between August and September, 2007. The Contractor will be given notice to proceed October 1, 2007. List all relevant permits needed to start construction in Table 4 below. See Appendix B for required information from permit(s). Table 4 -Permits Agency Permit No Permit Type (Water/WW, Permit Obtained? . ERP, CUP, Building) Y N Florida Department of Environmental Protection FL0035980- 021-DWF Notification of Use of General Permit -Major User of Reclaimed Water Y Page 11 of 24 2. Have all the necessary items to begin construction (e.g., bidding, contractor selection) been completed? Yes X No (if no, complete table below). Other items required before construction can begin (e.g., bidding, contractor selection) Completion Date The project is scheduled to bid between August and September, 2007. The Contractor will be given notice to roceed October 1, 2007. October 1, 2007 3. Provide the name of the 2006 Water Supply Plan (WSP) Project that the proposed work is helping construct. Attach in Appendix C the page from the WSP that lists the referenced project. The list of projects can be found in Appendix A of the LEC, LWC, and KB plans and in Appendix F of the UEC plan. (Water Supply Plans can be accessed on the District webpage, www.sfwmd.gov, by clicking on the desired region located on the lower right hand corner of the website (scroll to the list), clicking on the "Documents" tab, and then scrolling to the appropriate appendix.) If the project is not included in the WSP, please indicate if it is included in a local government comprehensive plan and, if so, include the appropriate portion of the plan (i.e., Capital Improvement Element) in Appendix C. Delray Beach Areas 4, 6, 8, 11-13 Reclaimed Water System 4. In order to further scientific understanding of alternative groundwater resources, the District requires electronic submission of all hydrogeologic data collected during the project in a format specified by the District as shown on the Well Data Template provided on the AWS web site. If the project involves development of alternative groundwater resources, describe your data collection plan for determining the capabilities and limitations of that resource at your locality. Not Applicable. 5. Please address each of the factors as provided in Section 373.1961 of the Florida Statutes: a. Show how the project provides substantial environmental benefits by preventing or limiting adverse water resource impacts. The implementation of a reclaimed water system in the City of Delray Beach offers many significant and lasting benefits. First and foremost, the reclaimed water system will reduce the demands on both the surficial aquifer and on the City's potable water system. Secondly, the reclaimed water system will reduce the quantity of effluent discharged to the Atlantic Ocean via SCRWWTF ocean outfall. There are long-term financial benefits Page 12 of 24 associated with the project as well. Water used for reclaimed water irrigation results in an equal amount of water not requiring treatment at the City's water treatment plant, at a treatment cost savings rate of approximately $0.43/1,000 gallons. b. Show how the project reduces competition for water supplies. The project fulfills water resource goals of the City's SFWMD Water Use Permit. Additionally, the project reduces dependence on a traditional water source (surficial aquifer) identified by SFWMD as sources of limited availability, and reduces competition with other water users for the same source. The Project also increases the efficient use of reclaimed water as a source, and from a regional perspective, contributes to the use of reclaimed water where it is currently underutilized. This project facilitates surficial aquifer protection, and provides an alternative water supply that is consistently available year-round. c. Identify the traditional source being replaced and/or any minimum flow or level or reservation the alternative source utilized by this project is helping to implement. Explain. The traditional water source being replaced is the Surficial Aquifer. d. If the project is going to be implemented by a consumptive use permittee which has achieved the targets contained in a goal-based water conservation program approved pursuant to Section 373.227, F.S., describe. If not, briefly describe your conservation program. The City implements many water conservation measures within its service area, including implementation and enforcement of a Xeriscape Ordinance, ultra-low volume plumbing fixture program, and water rate structure that promotes water conservation. e. Describe the quantity of water supplied by the project as compared to its construction cost. Provide a calculation showing the average annual daily quantity of water supplied (expressed in millions of gallons of water) by the project divided by the annualized capital cost of the project. If the project will not be used continuously, please provide the annual amount of water that will be supplied by the project. The project proposes to provide an additional 1.163 mgd of reclaimed water to the City's reclaimed water system, at a capital Page 13 of 24 construction cost of $1,200,000. This equates to 0.97 gallons of water supplied per day by the project for each capital dollar spent for construction £ Indicate the percentage of the total water-producing capacity of the system that this project will provide. The City's total water producing capacity is 26.0 mgd. This phase of the project (1.163 mgd) represents 4.5% of the system capacity. The total project to date (3.504 mgd) represents 13.5% of the system capacity. g. Is the construction and delivery to end users of reclaimed water a major component of the project? What portion of the reclaimed water will replace direct potable use? Yes. This is the main objective/goal of the project. h. Is the project going to be implemented by amulti-jurisdictional water supply entity or regional water supply authority? Show documentation creating the entity. Yes. This project is Part 2 of 3 of the South Central Regional Wastewater Treatment Plant (SCRWW'rP) Regional Reclaimed Water System which serves both City of Delray Beach and the City of Boynton Beach. i. If the project is part of a plan to implement two or more alternative water supply projects, all of which will be operated to produce water at a uniform rate for the participants in amulti-jurisdictional water supply entity or regional water supply authority; describe the plan and its goals. The SCRWWTP Regional Reclaimed Water System long-term goal is to provide 100% reclaimed water treatment capacity and up to 100% reclaimed water use in the distribution systems serving the City of Delray Beach and the City of Boynton Beach. The other components of this multi jurisdictional project for FY 2008 are: Part 1 of 3: SCRWWTP .Reclaimed Water Treatment and Delivery System Expansion to 24 mgd. Part 3 of 3: City of Boynton Beach Phase I Reclaimed Water Distribution System Page 14 of 24 j. Identify the source(s) and percentage of project costs to be funded by the water supplier or water user. Is the entity a REDI community? List any other grants being sought, and the expected date of approval. The City proposes to fund 60% of the project, with 40% cost share from SFWMD. The City is not a REDI community. No other grants are being sought at this time. k. For local government utilities: Describe whether and in what percentage the utility is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes. Provide a copy of the utility's annual report or other document and indicate where in the report or document it shows the disposition of utility water system revenues. The City maintains a Capital Improvement Program for implementation of various utility projects, including the reclaimed water system projects. For the Area 4 Project, the City transferred from the W&S Fund to General Fund for administrative purposes $ 1,322,910 or 4.4% of total W&S fund, and transferred from W&S Fund to General Fund in payment of "In- lieu of Utility Taxes" $ 1,142,150 or 3.8% of total W&S fund. A copy of the City's CIP program identifying the Areas 4 Project is included with this application in Appendix D. (Note: Indicates FY 2006/2007 budget figures) The following questions apply to water supply utilities, including reuse facilities. 6. Please provide the Water and Wastewater Rate Information requested on the next three pages. See Attached. Page 15 of 24 Water and Wastewater Rate Information Single Family Residential (SFR) User Billing Number of Residential Units Served: ! lb, 300 Total Number of Accounts Served: 2Q,8~0 If applicant does not provide both water and wastewater service, please identify the name(s) of the other utilities providing water or wastewater service in applicants service area: Note: Assume for the following: a single family residential user with the smallest meter size offered by the water utility (typically: 5/8x3/4" or 3/4" meter). Billing Frequency: (please check one) Volume Charge Units: (please check one) X Monthly Bi-Monthly Quarterly Other: Specify X 1,000's Gallons Hundred Cubic Feet (HCF) Other: Specify ,__ Mibimum/Base Charge Per Billing $13.53 (in city) Per;oa: I7nits Volume Included in Minimum Charge: 0 gallons Volume Charge Per Consumption Unit __ -- '~Int Breaks Per Unit Rated $1.59 Range 1 0 to 3,000 Units Rate 2 $1.76 Per L nit Raigtge 2 , 4,000 to - 20,000 Units Rate 3 $1.94 Per Unit Range ~ 21,000 to 35,000 'Units 1~ate ~I $2.10 Per Unit Range 4 36,000 to 50,000 Unity Rate 6 $2.40 Per Unit Range 5 50,000 to + Unity Rate 6 $ Per Utzit e 6 to Units Utility Tax Rate or Franchise Fee Rate: N/A Percent of Water Revenues N/A Water Bill for Single Family Residential User Consuming 7,000 gallons $25 3 1 (9.36 HCF) per Month When were these water rates last revised: October 1, 2006 Page 16 of 24 Water and Wastewater Rate Information Minimum Charge Per filling Period; Volume Included in Minimum` Charge: Volume Charge Per Consumption C.1nit Rate 1 Rate 2 Rate 3 1Zate 4 Rate ~ ~ $ 2.80 ~ Per Unite. Range 1 Per Unit Range ~ Fer Unit Range 3 Per Unit Range 4 Per Unit Range 5 Per Unit Range 6 $14.94 (1 „~ allons ''Unit' Maximum COII#i11~1'p'~1E1T1 Unity Used for SFR Sewer Bill Utility Tax Rate or Franchise Fee Rate: N/A to to to tg' to to L1n its Units Units Units Unit, Units Percent of Sewer Revenues N/A Sewer Bill for Single Family Residential User Consuming 7,000 gallons (9.36 HCF) $34 54 per Month: (Note: if sewer bill is based on number of fixture units or other measure of usage please indicate basis far charge and number of units assumed: ) When were these sewer rates last revised: October 1, 2006 Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 $ 5 ~~ 88 Gallons (9.36HCF) Per Month: Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the water and wastewater system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4"). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Water $400 Sewer $0 Capacity or Impact Fee $788 $1,084 Total $1,188 $1,084 Note: Hookup fee is charge for connecting user to water or sewer system including installation of meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to serve new growth. /;nits Page 17 of 24 Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. Refer to Appendix E. Page 18 of 24 Water and Wastewater Rate Information -~ ~ . -~-;~ -~~ ,~ ,.; ..~ ~ a ,~ ~ . claimed ~t~7r,R~,tes > + ~ .' ~~ ' Minimum Charge Per Billing Period: $11.59* ~Tolunae Included iri Minimum Charge: t"nits *Capacit5r charge onlg applies to customers who remain unconnect~: to avatil~ble reclairued gerv. ~+olume Charge Per Consumption LFttit Rate 1 R&te ~ Rate 3 Rate 4 Rate 5 Rate 6 $ 1.00 Retail $ 0.26 Wholesale $_ Per LFnit Range 1 Per Unite Range 2 Per LTz~it Range 3 Per Unit Range Per L~niT Range b Per Unit Range 6 11~laximum C'onsumgton ~f3zxxte Used for SIB R Sewer Bill ;o Units o Units ;o Units A Ullit9 .o Unity :o T Faits Utility Tax Rate or Franchise Fee Rate: N/A Percent of Sewer Revenues N/A Seer Reclaimed Bill for Single Family Residential User Consuming 7,000 gallons $7.00 (9.36 HCF) per Month: (Note: if sewer bill is based on number of fixture units or other measure of usage please indicate basis for charge and number of units assumed: ) When were these sewer rates last revised: May 17, 2005 Total Water and Sewer Bill for Single Family Residential User Consuming 7,000 See Page 17 Gallons (9.36HCF) Per Month: Hookup and Capacity or Impact Fees for new single family residence (Note: These are one time charges collected from new connections to the water and wastewater system) Note: Assume for the following a typical single family residential user connection with the smallest meter size (typically 5/8x3/4" or 3/4"). Further assume 3 bedroom, 2.5 bath home, 2,000 square feet. Hookup Fee Capacity or Impact Total Fee Water See Page 17 See Page 17 ~ See Page 17 Sewer See Page 17 Reclaimed $400 See Page 17 $o See Page 17 $400 Page 19 of 24 Note: Hookup fee is charge for connecting user to water or sewer system including installation of meter etc. Capacity or impact fee is charge for providing capacity in water or sewer system to serve new growth. Please provide a copy of the utility's rate, hookup and capacity or impact fee schedules that support this information. Refer to Appendix F. Page 20 of 24 7. If the utility has an integrated water resource plan or master plan that anticipates a role for alternative water supplies or conservation, provide a copy of the relevant sections of the plan(s). What would the utility regard as major impediments to increasing the use of alternative water supplies or promoting water conservation and how is it dealing with those impediments? The project is included in the City of Delray Beach's "Reclaimed Water Master Plan", November 2003 (reference Pages 5-12 through 5-14 in Attachment G). Implementation of reclaimed water is also included as a specific condition of the City's SFWMD Water Use Permit (reference SFWMD Permit No. 50-00177 W, Page 8 of 15, and Page 15 of 15 attached in Appendix H). Primary impediment to increasing alternative water supply use remains availability of funding for system expansion. The City aggressively pursues grants and budget line items through the State budget process to provide supplementary funding for annual projects. 8. Please provide the following information in electronic format, such as shape files or AutoCad. a. Existing and future wastewater service area boundary. These files must be editable. b. Existing and proposed reclaimed water distribution lines with size and distribution areas. c. Existing and proposed reclaimed water end users. A copy of the City's service area boundary, existing and proposed reclaimed water distribution lines and reclaimed water end users is included with this application in Appendix I. Page 21 of 24 FOR REUSE PROJECTS: 9. Pursuant to subsection 373.1961(4) of the Florida Statutes, show that reclaimed water use is metered for all uses, and that rate structures are implemented based on actual use of reclaimed water for all uses; and that education programs are in place to inform the public about water issues, water conservation and the importance and proper use of reclaimed water. The City hereby confirms that reclaimed water use is metered at each major user, that the reclaimed water rate structure is based on actual use of reclaimed water (e.g. $/gallon), and that education programs are in place to inform the public about water issues, water conservation and the importance of proper use of reclaimed water. Education programs include, but are not limited to: • Public meetings specifically addressing the reclaimed water program • PowerPoint presentations for the reclaimed water program • Reclaimed water brochures • Water conservation brochures 10. On table below, list the reclaimed water users that will connect to the proposed reclaimed water project. Table 5 -Reclaimed Water Users Name User Demand (MGD Has an agreement been executed? / Estimated Connection Date Delaire Country Club 1.163 N May 1, 2008 Total user demand 1.163 Proposed project capacity 5.04 total* '~ Includes future phases. Page 22 of 24 South Florida Water Management District FY 2008 Alternative Water Supply Funding Program ACKNOWLEDGEMENT Before me, the undersigned authority, personally appeared, Rita Ellis. Mavor , ("Authorized Representative of the project owner) this day of 2007, who, first being duly sworn, as required by law, hereby acknowledges: 1) The statements contained in this project information package are true, correct and complete to the best of his/her knowledge and that the undersigned has the authority from the project owner to make the representations contained herein. 2) The undersigned represents that the described phase of this construction project will be completed on or before August 1, 2008. 3) The undersigned represents that the project owner intends to begin construction of the alternative water supply project by this 1sT day of March , in the year 2008 4) The undersigned represents that the project owner understands the alternative water supply project must be completed and invoiced by August 1, 2008 and further understands that if construction is not completed by August 1, 2008, the South Florida Water Management District reserves the right to rescind alternative water supply funding for fiscal year 2008. STATE OF FLORIDA COUNTY OF PALM BEACH By: Project Owner's Representative Rita Ellis. Mavor Print Name SWORN TO and subscribed before me day of , 2007. Such person(s) (Notary Public must check applicable box): [ ] is/are personally known to me. [ ] produced a current driver license(s). [ ]produced as identification: (NOTARY PUBLIC SEAL) Notary Public Page 23 of 24 APPENDICES Appendix A -Contract Documents and Agreements Supporting Documentation (Attach copy of first five pages and the signature page of each document in referenced in the Introduction/Background Section of the application) Bid Documents Contractor Selection Right-of--way or other agreements Draft Contract Documents for the project are attached. Appendix B -Permit Supporting Documentation (Attach copies of first five pages and the signature page of the ,permits referenced in Table 4, Introduction/Background Section of the application. SFWMD Permit information should include Limiting Conditions and the GIS Serviced Area section of the Permit.) FDEP Permit is attached. Appendix C -Water Supply Plan Project Supporting Documentation (Attach a copy of the appropriate page in the Water Supply Plan that shows the project that the proposed project is helping construct and clearly underline or highlight the project. A list of projects can be found in Appendix A (or Appendix F-1 in the case of the Upper East Coast Region) of the 2006 WSP) Water Supply Plan project page is attached. Additional appendices, if needed, should be added following Appendix C, referenced within the document, and listed on a table of contents. Page 24 of 24 AGENDA ITEM NUMBER: AGENDA REQUEST Date: May 9, 2007 Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda When: May 15, 2007 Staff requests Commission approval of an Alternative Water Supply Grant application to South Florida Water Management District in the amount of $480,000 to provide supplemental funding for the construction of the Area 4 reclaimed water transmission system. This main will extend reclaimed water irrigation service to the Del Aire Country Club. Project cost is $1,200,000 and the requested grant amount is the maximum allowed 40% of construction cost. Construction will begin in October, 2007 and finish before July, 2008. No funding is required at this time. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO X Recommendation: Staff recommends approval of the grant application and authorization for the Mayor to execute application documents. 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 Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda Hold Until: Agenda Coordinator Review: Received: Action: No Ye No Approved: Disapproved: P.O. # MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Alberta Gaum-Rickard, Project Coordinator THROUGH: David Harden, City Manager Joe Weldon, Director of Parks nd Recreation DATE: MAY 8, 2007 SUBJECT: AGENDA ITEM # V. ~ - REGI AGREEMENT BETWEEN CITY OF DELRAY BEACH AND NEW INNOVATIONS-SUMMER ENRICHMENT PROGRAM ITEM BEFORE COMMISSION This item is before City Commission for approval of an agreement with New Innovations for a Summer Enrichment Program. BACKGROUND New Innovations has provided educational enrichment to our Out of School Program for three years and a seven week Summer Enrichment Program was implemented last year. Youth participants have demonstrated significant academic improvements through pre and post testing. New Innovations combines sensory experiences, music, movement, rhythm with study skills and then ties these methods to the national and state standards. Services will include activity books, academic lyric packets, teacher manuals with academic CD's, six original songs that will be recorded in cooperation with the City of Delray Beach Teen Center culminating in a show routine, pre and post assessments, and six academic facilitators for one hour per day, four days per week for seven weeks commencing June 11th and ending July 30th, 2007. Total cost is $15,300.00 FUNDING SOURCE Funding to be provided through 001-4105-572-34.90 (Other Contractual Services). RECOMMENDATION Staff recommends approval of the agreement with New Innovations for a Summer Enrichment Program. PROPOSAL for the City of Delray Beach Summer 2007 NEW INNOVATIONS is an educational consulting company that combines the latest in brain research with arts-integration. sensory experiences, music, movement, rhythm, innovative activities,acceleration techniques and study skills. New Innovations then ties these methods to the national and state standards. We will tailor staff development to the needs of your facility. We have trained thousands of teachers both nationally and internationally. The New Innovations Educational Programs have had a positive affect on tens of thousands of students. New Innovations has had a 100% success rate. Schools that have implemented the New Innovations Program have seen significant, measurable gains on standardized test scores for all students. Proposal Item Description Price Quantity Total Specialized Kool Kidz 25.00 300 $7,500.00 Activity Books (including design fee) Academic Lyric Packets 4.00 150 $600.00 Facilitator and Substitute Manuals 100.00 12 $ 1,200.00 with CD'S Pre & Post assessments $750.00 Staff Development $5,300.00 (Including the following: A total of six Iyew Innovations' site facilitators that will supervise the academic program for 1 hour per day, 4 days per week for seven weeks, Original academic songs & lyric packets and Culminating Show Routine) Total Price $15,350.00 New Innovations will perform the following services for the academic program for The City of Delray Summer Program: Specialized Kool Kidz consumable Activity Books These books are created to meet the needs of an innovative and enjoyable summer program. The books will be divided into two categories, kindergarten through second grade and third through fifth grade. The students will have interesting activities and projects that will teach essential academic topics taken from the Sunshine State Standards which are the academic standards in the state of Florida. Students will also have pre and post assessments at the beginning and ending of the summer sessions to demonstrate academic growth. The activity books will be composed of reading, mathematics, and. writing across the curriculum. The program will be one hour per day on Monday through Friday. Students will have twenty minutes of mathematics, twenty minutes of language arts, and twenty minutes of physical games or exercise related to academics. At the end of the summer session, students will have a completed Kool Kidz Activity Book and a completed Pre and Post Assessment Packet. • Teacher Manuals with academic CD's The Kool Kidz teacher manuals provide instructors with detailed lesson plans. These manuals provide a syllabus for the summer program, and also give directions to play indoor and outdoor activities. All lessons are based on best practices according to brain research. The manuals also have new academic CD's, music, and beats to aid in retention, transference, and application of material. New Innovations will also provide a special lesson package for field trips that review critical thinking skills and writing skills. This is provided so that field trips can be maximized academically, • Staff Development The summer program will have six academic facilitators. Two site facilitators will be at each site for one hour, four days a week, The facilitators will administer the program for the students. They will also prepare students for the academic CD. culminating show, and administer pre and post testing. • The Kool Kidz academic CD will have six original songs. These songs will be recorded in cooperation with the City of Delray Beach-Teen Center and original lyrics will be written and put into a packet so that students have the opportunity to reflect upon information learned during the school year. • The culminating show will be an academic demonstration by the students through music, drama, and movement for stakeholders. This show will demonstrate the effectiveness of the New Innovations Kool Kidz Program and provide an opportunity to share academic information with the community. It will also be a shining example of how entertainment, physical activity and academics can converge and be successful. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND NEW INNOVATIONS 2007 THIS AGREEMENT is entered into this day of May, 2007, between the City of Delray Beach, hereinafter referred to as "City" and New Innovations, hereinafter referred to as "Agency", having its principal contact at: P.O. Box 697 Boynton Beach, FL. 33425. WITNESSETH: WHEREAS, the City desires to supplement the teaming process by adding an academic enrichment program to its summer programs; and, WHEREAS, the City desires to contract with New Innovations, who will provide a special enrichment program based on the latest brain research with arts-integration, sensory experiences, music, movement, rhythm, innovative activities, acceleration techniques and study skills tied to national and state standards. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: Definitions: a. "City" means the City of Delray Beach, Florida b. "The Agency" means New Innovations 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of award funds. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined 'in this agreement and submit invoices for approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Payment requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of invoices accompanied by the required programmatic reports and necessary data (as determined by the City), covering the month for which payment requested. Disbursements will be available approximately one month following the receipt of invoices by the Parks and Recreation Director. Services and payment of services will be provided according to the schedule listed in "Exhibit A" All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the approved dollar amount of $15,350 for the period of June 11, 2007 through July 30, 2007. The release of funds shall be subject to the approval of the Delray Beach Parks and Recreation Director. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement. The services of AGENCY shall commence upon the effective date of this Agreement. Payment of associated and approved expenses incurred as of June 11, 2007 will be processed. All service required hereunder shall be completed by AGENCY by July 30, 2007. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Parks and Recreation Director. 5. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the New Innovation program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Parks and Recreation Director simultaneously with each invoice. Additionally, a final report summarizing results for the full project period (June 11, 2007 -July 30, 2007) is due within 30 days of completion of the project. Payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from July 30, 2007. 6. Other Program Requirements (Civil RightslResident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerablelprotected individuals. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. 7. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the 2 continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outlined in Paragraph 5 and at other times upon the request of the City, information and status reports required by the City on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required. 8. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available by Agency to the City for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement. A Certified Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements andlor to conduct a "limited scope audit" of AGENCY as defined by A-133. 9. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, director indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 10. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its option and for any reason or no reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. 11. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 12. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. 13. Copyright laws: The City of Delray Beach agrees to abide by all copyright laws. The City agrees not to resell any materials owned by New Innovations; provided however all original songs produced shall be owned by the City. 14. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. 15. Hold Harmless and Indemnification Clause: New Innovations hereby agrees to promise to indemnify and hold harmless the "City" and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving of said funds. CITY OF DELRAY BEACH, FLORIDA BY: Attest: Mayor By: _~_ City Clerk Approved as to form: By: City Attorney Witnesses: NEW INNOVATIONS By: Title: Exhibit "A" SCOPE OF SERVICE SUMMER READING PROJECT 2007 Introduction The goals of the New Innovation's educational curriculum, resource materials, and staff development project for Summer 2007 with the City of Delray Beach Parks and Recreation Department are as follows: • New Innovations will implement the summer curriculum at each of the 3 Parks and Recreation Summer Out-of-school sites (Pompey, Pine Grove Elementary School, and the Community Center), for one hour, 4 days per week for seven weeks. • New Innovations will administer pre and post assessments and provide detailed written reports of the collective assessment results • Through participation in the New Innovations summer curriculum, youth enrolled in the Delray Beach Safe Haven/ Parks & Recreation Department Summer Camp Reading Program Out of School Program, will not experience the typical loss of skilll progress typically attributed to youth not engaged in educational programming. Outcome Measures to be Monitored by New Innovations • Monthly report to include the average of participants' pre and post test scores in reading and math and a % of increase in scores (due by the 10~ of the month for the preceding month) • Total, cumulative average of participants' pre and post test scores in reading and math over the life of the 2007 summer project and % of increase in scores over the duration of the project (due within 30 days of project completion). ProcLram Budget The total budget for the summer program is $15,350 which will be paid by the City of Delray Beach Parks and Recreation Department. A detailed budget is set out below: Item Description Price Quantity Total Specialized Kool Kidz 25.00 300 $7,500.00 ACtlVlty BOOkS (including design fee) 4 00 150 $600.00 Academic Lyrics Packets . 100.00 12 $1,200.00 Facility and Substitute Manuals with CD Pre & Post assessments $750.00 Staff Development $5,300.00 (including a total of six site facilitators that will supervise the academic program for 1 hour per day, 4 days per week for seven weeks; original academic songs and lyric packets and culminating show routine Total Price $15,350.00 Payment Schedule: Due approximately June 1St $5,050.00 Due half-way through the summer project $5,150.00 Due after project completion and upon receipt of final report $5,150.00 Detailed Description of New Innovation Deliverables: New Innovations will perform the following services for the summer academic enrichment program: Specialized Kool Kidz consumable Activity Books These books are created to meet the needs of an innovative and enjoyable summer program. The books will be divided into two categories, kindergarten through second grade and third through fifth grade. The students will have interesting activities and projects that will teach essential academic topics taken from the Sunshine State Standards which are the academic standards in the state of Florida. Students will also have pre and post assessments at the beginning and ending of the summer sessions to demonstrate academic growth. The activity books will be composed of reading, mathematics, and writing across the curriculum. The program will be one hour per day on Monday through Friday. Students will have twenty minutes of mathematics, twenty minutes of language arts, and twenty minutes of physical games or activities related to academics. At the end of the summer session, students will have a completed Kool Kidz Activity Book and a completed Pre and Post Assessment Packet. Teacher Manuals with academic CD's The Kool Kidz teacher manuals provide instructors with detailed lesson plans. These manuals provide a syllabus for the summer program, and also give directions to~play indoor and outdoor exercise. All lessons are based on best practices according to brain research. The manuals also have new academic CD's, music, and beats to aid in retention, transference, and application of material. New Innovations will also provide a special lesson package for field trips that review critical thinking skills and questioning techniques. This is provided so that field trips can be maximized academically. Staff Development The summer program will have six academic facilitators. Two site facilitators will be at each site for one hour four, days a week. The facilitators will administer and facilitate the program for the students. They will also prepare students for the academic CD, culminating show and administer pre and post testing. The Kool Kidz academic CD will have six original songs. These songs will be recorded in cooperation with the City of Delray Beach Teen Center and original lyrics will be written and put in a packet so that students have the opportunity to reflect upon information learned during the school year. The culminating show will be an academic demonstration by the students through music, drama, and movement for stakeholders. This show will demonstrate the effectiveness of the New Innovations Kool Kidz Program and provide an opportunity to share academic information with the community. It will also be a shining example of how entertainment, physical activity and academics can converge and be successful Date: May 8 2007 r AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Consent Agenda When: _May 15, 2007 X_ Regular Agenda Workshop Agenda Description of agenda item (who, what, where, how much): gF Special Agenda Request approval for an agreement between the City of Delray Beach and New Innovations for a Summer Enrichment Program at three sites, Community Center, Pompey Park, and Pine Grove Elementary. New Innovations will implement a summer enrichment program one hour per day, four days per week for seven weeks. Total cost $15,300.00. Funding is available from account # 001-4105-572-34.90 (Other Contractual Services). Department Head (~ n n Signature: W ~-J`'^'/ City Attorney Review ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: es No Initials: ~~ Account Number Ud ~ ` y~U ~ ~ s~z- 3yJ ~~ Description ~}~~ ~~w"`'r ~~I'~`~"~ ~~y~~S Account Balance: ~~`32/ ~~ 7 Funding Alternatives: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: No Initials: (if applicable) Received: ,~~ .~; ~. r ~ ~ _ ~) ~~ S:' DELRAY BEACH All-America City 1993 2001 TO: FROM: THROUGH: DATE: SUBJECT: MEMORANDUM Mayor and Cit Commissioners Joe Weldon,,i~ irector of Parks and Recreation David Harden, City Manager~~ May 9, 2007 AGENDA ITEM # U.~- COMMISSION MEETING OF MAY 15, 2007 APPLY FOR A $50,000 GRANT FROM PUBLIC LANDS GRANT PROGRAM ITEM BEFORE COMMISSION Attached find a sample application to apply for a $50,000 grant from the Public Lands Grant Program from Palm Beach County for the removal of invasive non-native vegetation at Leon Weekes Environmental Preserve. Invasive vegetation includes Air Potato, Balsam Pear, Brazilian Pepper, Carrotwood, Rosemary Pea, and Torpedo Grass. BACKGROUND The Palm Beach County Board of County Commissioners has initiated a program administered by the County's Department of Environmental Resources Management (ERM) to assist municipalities and other public entities with the removal of invasive non-native vegetation from public properties in Palm Beach County. Each fiscal year, subject to budget availability and approval, the County will make available $400,000 for a matching grant program on a reimbursement basis, with a $50,000 maximum for each individual project. FUNDING SOURCE Not applicable. RECOMMENDATION Approval to apply for grant. Ref:agendamemo Printed on Re ~ Ord ;~ape~ L~ ' V " l~j e , zoo' News. Releas ~ J,~~~7 ~; For Immediate Release: April 26, 2007 Contact: Matthew King, 561/233-2421 County`Seeking ,Applications for Grants to Help^,Publ;ic EiVED ~dR Entities, with .Invasive Nonnative~Vegetation Removal -MAY 3 ° 2007 '., The Palm Beach County Board of County. Commissioners (BCC) is pleased to '~~„~, ~~NAGER : announce the 2007 grant cycle for the Public Lands Grant Program. This program, Public Affairs Department which will be administered by the County's Department of Environmental Resources Management (ERM), will assist municipalities and other public agencies with the P.O. Box t989 removal of nine prohibited plant species (air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu, Japanese & old-world climbing fern, melaleuca, and west Palm Beach, FL 33402-1989 Queensland umbrella tree} from their public properties in Palm Beach County. (561) 355-2754 Each fiscal year the County will make available a total of $400,000 for a minimum 50/50 matching-grant program on a reimbursement basis, with a $50,000 . FAX: (561) 355-3819 maximum for each individual project. Over the past four years, over $1,330;000 has been awarded to various public agencies in Palm Beach County for invasive plant removal projects totaling over $2,835,000. • The impact of invasive nonnative vegetation on Florida's treasured natural areas is a real and serious threat. Several endangered plant and animal species are Palm Beach County directly impacted by the habitat loss caused by invasive vegetation. Recent surveys of Board of County South Florida revealed that over two million acres of land are covered by just four of ~ the worst invaders (Brazilian. pepper, melaleuca, Australian pine, and old-world Commissioners climbing fem). Addle L. Greene, Chairperson Since the original $100 million environmentally°sensitive.lands bond issue in 1990, Palm Beach County has purchased more than 30,000 acres of environmentally Jeff Koons, vice Chair sensitive land. The removal of invasive vegetation from County natural areas is the number one priority and largest expense, at two to three million dollars per year. In Karen T. Marcus fact, the state of Florida spends over $90 million .per year in removing and controlling warren H. Newell invasive vegetation from state-owned natural areas. It is for these reasons that Palm Beach County is taking an aggressive approach Mme' Mccarty to combating these destructive plants. Palm Beach County is taking the lead in the state in not only removing invasive vegetation from County-owned natural areas, but also in Burt Aaronson helping the public remove these plants from their properties. In addition to the grant less R. Santamaria program, the County has initiated other incentive and financial assistance programs to help both public and private property owners with the removal of invasive nonnative County Administrator vegetation. The deadline for submitting an application for the grant program is May 29, Robert Weisman 2007. For a copy of the application package, or for more information about the grant program, please contact Matthew King at (561) 233-2421. To download the application form and to find out more about the County's program to assist with the • removal of invasive non-native vegetation, please visit httQ•//www co~alm-beach fl us/erm/protection/removalinc.asp http://www.co.palm-beach. fl. us "An Equal Opportunity Affirmative Action Employer" ### " x~ , d'1 { '.. t 1 ~ ' ~~ ~~ ~ Invasive Non-native Vegetation Removal Incentives -~ PUBLIC LANDS GRANT ~ ~_`~, ~. ~.1 P RAG RAM . 4 ~~. ~ ~~; ~~ ~~' Guidelines & A lication 2007 ,~ .y j ~ ~ ~~~~~ ~ p p ~~ ~~~~ ~~~ i , . f _, R r 4_ L -_ ~ ; r ~ j 1 '~ ,"1 '' ~,` it ~~ Y ~f t ~ .: f ~ ~~ L } 'y5 k r A County- other publ invasive v_~____._.... _... ~__.__ ._..__ ~ ~~ ~, ;~~~- ,Q~ooG PALM BEACH COUNTY ,~` ~ PUBLIC LANDS GRANT PROGRAM INVASIVE NON-NATIVE VEGETATION REMOVAL APPLICATION PACKAGE COUNTY FISCAL YEAR 2007 - 2008 FltlR194' Program Description The Palm Beach County Board of County Commissioners has initiated a program administered by the County's Department of Environmental Resources Management (ERM) to assist municipalities and other public entities with the removal of invasive non-native vegetation from public properties in Palm Beach County. Each fiscal year, subject to budget availability and approval, the County will make available $400,000 for a matching grant program on a reimbursement basis, with a $50,000 maximum for each individual project. Qualified Applicants Municipalities participating with the County's Prohibited Invasive Non-native Vegetation Removal Ordinance, 298 drainage districts, special districts, public schools, and public universities in Palm Beach County. Application Deadline The attached three-page application, required attachments, and a minimum of three and a maximum often digital photographs (copy onto a CD-R) of the project site, should be completed and received by the Grant Coordinator by 5:00 PM, May 29, 2007, at the address provided on the application. Information should be provided on the front side of the application only. Applications submitted by facsimile transmission will not be accepted. Funding Requirement Except as provided in this section, funds from this grant may only be applied to the actual costs incurred for the initial removal or eradication of invasive non-native vegetation. The grant is only for projects that propose treatment of new or local (outlier) infestations or containment of invasions to new areas. No part of this grant shall be used for project management, administration or overhead. The grant may not be used to cover costs associated with the preparation, submission or presentation of the funding application. A small amount of each grant (up to 5%) may be used for environmental education relating to the invasive vegetation removal associated with the project. The educational component may not be used for the purchase of equipment. Project Match Requirement Applicants must be able to provide at least a fifty (50%) percent match of the total project cost. The applicant's cost-share match can be direct (actual) contributions (e.g., equipment/materiaUexpenses/labor), funding from other grants, replanting with Florida native vegetation, and/or up to 10% for in-kind services (e.g., initial planning and design). The municipalities of Belle Glade, Mangonia Park, Pahokee, and South Bay are only required to meet a 25%/75% match. Minimum Criteria 1. Project must be submitted by a qualified applicant and must be designed to remove one or more of the County's nine prohibited plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu, old-world climbing fern, melaleuca, umbrella tree). 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. 3. Project cannot be a required mitigation project with an invasive plant removal requirement. 4. Follow-up monitoring and maintenance of control site by managing agency must be available in perpetuity. 5. Plantingf restoration plan (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category I or II plant species (see www.tlep~c.or~ for most current list). 6. Project must have a minimum fifty-percent project match, except for those municipalities specified in the Project Match Requirement section. 7. Project cannot involve the clearing of native vegetation. 8. Project proposes treatment of new or local (outlier) infestations. Grant cannot be used for maintenance of invasive vegetation previously treated under prior Public Lands Grant. 9. Cannot be used for the initial clearing of invasive vegetation on projects destined for infrastructure improvement. PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM - fNVA51VE NON-NAi1VE VEGETATION REMOVAL APPLICATION PACKAGE -COUNTY FISCAL YEAR 2007 - 2008 Judging Criteria TOTAL CRITERIA POINTS 20 Project site is a natural/conservation area vs. disturbed/developed site. 15 Native plant communities and/or wildlife habitats benefit from the proposed project 15 Site is connected to or in close proximity to other public conservation lands. 10 Project location and/or location of invasive vegetation are highly visible to the public Project builds upon established invasive vegetation control programs or applicant identifies specific 10 means to implement an ongoing maintenance program for the project area that targets invasive non- native lants 10 Project is cost effective: matching funds are secured, volunteer labor is being used to the extent ssible, and ui ment and labor/contractor costs are reasonable, ay scale not excessive. 10 Project includes a public outreach/education component. 10 Municipal, local agency, county, state or federal project (Municipal = IOpts., local agency = 8pts., Coun = 6 ts., State = 4 ts, Federal = 2 s.) App~ICatlOn ProceSSing & AWarding Applications will be reviewed by ERM staff and a modified Natural Areas Management Advisory Committee (NAMAC) for general compliance with grant criteria to determine eligibility. NAMAC will constitute the selection committee and will meet on June 15, 2007 to determine the final grant award based on the minimum judging criteria listed above. Projects will be funded by order of ranking until all available funding is encumbered. NAMAC grant award recommendations will be submitted to the July 10, 2007 BCC meeting for approval. Grant Interlocal Agreements (sample attached) will be mailed to successful applicants for the appropriate signature and due back to the County by September 14, 2007. Funds spent prior to the Interlocal Agreement execution date or after the agreement termination date will not be eligible for reimbursement or count towards matching funds. NOTE: It is not permitted for an applicant to contact any NAMAC Selection Committee members regarding their grant application(s). Any contact may be cause for an application to be rejected. Grant Agreement Selected applicants for funding must enter into a grant agreement with the Board of County Commissioners for review of contract deliverables, certified invoices detailing project cost, and payment of reimbursable grant funds. Reimbursement costs are available only for expenses that occur after the contract execution date. The project needs to be completely developed, permitted as appropriate and completed with a final report submitted to ERM by August 31, 2008. The following items will be required as part of the grant interlocal agreement: 1. A final inspection by ERM as a prerequisite to final reimbursement. 2. Reimbursement requests must be made using the enclosed Reimbursement Summary Form and must be accompanied by original invoices and proof of payment. 3. A copy of a brief news release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. 4. A final report (1-2 pages) summarizing the project, including a description of the treatment area, along with photographs, must be submitted along with the reimbursement request and news release. ~~~~NC~G2 PALM BEACH COUNTY a . ; ~ PUBLIC LANDS GRANT PROGRAM 2007-2008 INVASIVE NON-NATIVE VEGETATION REMOVAL ~tORip4* ADMINISTRATIVE INFORMATION Project Title: Leon `Weeks Park Contact Person: JOe Weldon contact Agency: ;..City. of Delray Beach Contact Mailing Address: 100 NW 1st Avenue city:::Delray Beach Contact Phone: 561-243-7250 PROJECT INFORMATION Contact Title: Parks 8~ Recreation Director Zip: 33444 ContactE-mail: Weldon ae7ci.delray-beach.fl.us Amount of Grant Request: $50,000 Total Project Cost: $1.00,000.00 Matching Funds Available? If yes, describe the specific sources and amounts: Matching Funds available from the City of Delray Beach 2007/08 operating budget. Estimated Project Start Date- October 2007 Estimated Project Completion Date: January 2008 ,. ~. _: . ~~__ .~ ._ Minimum Criteria Description Describe, in detail, in the space provufed, how this project meets each of the six (6J minimum criteria. If more space is required, please attach a separate page and note question number. 1. Project must be submitted by a qualified applicant and must be designed to remove one or more of the County's nine prohibited plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu, old-world climbing fern, melaleuca, umbrella tree). City: Codes and Land Development Regulations requiring compliance with the removal of prohibited plant-species, mirroring the County's requirements, qualifies Delray Beach to apply for this Granf. Species targeted for removal at Leon Weeks Park. include Air Potato, Brazilian Pepper, Carrotwood, Schefflera as well as Natal Grass, Grapevine and Love Vine. 2. Project must be located on public lands managed or maintained. for greenspace, or preservation/conservation. .Leon Weeks was jointly purchased by the County and City in 1988 as a preservation/conservation site. The original intent was to preserve the Sand Pine Forest. Unfortunately, a 'controlled burn' several years ago resulted in the death of the majority of the Sand Pines. The preserve began to change from a Sand Pine Forest to a Scrub Oak Community. Hurricanes Jeanne', Frances and Wilma caused an interruption in the maintenance and the preseve was quickly overrun with invasive plant materials. 3. Project cannot be a required mitigation project with an invasive plant removal requirement. This property is not required to be used as a mitigation project for the City. ~'-~~'-~.~a.. ~.:T ,y. .>yt~~~ ~" __ ~ - _ ~?~e-i _Y... ~.. :~i~~~~1'~l~,i_~r'i ~avi...~+s~a~va sa.'~.~'`Y~;. .. u" Public Lands Grant Program Application -Project Title:. Leon Weeks Park _ Page 2 Minimum Criteria Description - Continued 4. Project applicant must have financial means for perpetual follow-up maintenance. Descr;befouow-npscheduteandfnndingsnurce for perpetual maintenance The City will include funding:-for maintenance on an annual basis as part of the Parks Department Operating' Budget. 5. Planting/restorationptan (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category I or II plant species (see www.fleppc,orq for most current list). No additional plant installation is planned. The objective is to remove the competing and agressive exotic-vegetation to allow the growth of existing beneficial native plant species. Project must have a minimum fifty-percent project match, except for those municipalities specified in the Project Match RegUlrement SeCtlon. Descrrbe funding source for match and how match will be used. The matching funds will be allocated through the City's annual budget 7. Project cannot involve the clearing of native vegetation. No native plant species will be removed from the site. Project proposes treatment of new or local (outlier) infestations or contairunent of invasions to new areas. After the hurricanes new infestations of non-native vegetation were identified with marginal success to contain these 'outbreaks, given the limited funds and man-power available at that time. The costs to the City for tree removal and tree trimming and debris removal from the storms limited our ability to focus on Leon Weeks Preserve. Cannot be used for the initial clearing of invasive vegetation on projects destined for infrastructure improvement. 'The project and Grant request do not includeinitial clearing of vegetation for infrastructure improvements. The park site ammenities such as the adjacent parking, educational kiosk and walking paths are already in place. Project Location Description Describe project location, nearest cross streets, property type (natural area, open space, easement... J, property use, property owner, agency(s) with management responsibility. Include natural area description if applicable. **Attach a site plan showing the project elements along with a genera) location map and an aerial photo of the project vicinity. Maps should be no greater than II "x 17. "** Leon Weeks Pack is located just westof the F.E.C. Railroad and Dixie Highway, north of Lindeli'°Boulevard and east of Albatross Drive, in what is referred to as the Tropic Palms Neighborhood. This is Section 29, Township 46S, Range 43E in Delray Beach. The property is jointly owned by Palm Beach County and the City of Delray Beach and is governed and managed per the conditions stated in an lnterlocal Agreement between the two parties. It is a 11.65 acre natural area ,originally consisting of a Sand Pine Tract at the north end and the balance consisting of a Palmetto Prairie. It is home to several Gopher Tortoises, nesting birds and Eastern Indigo Snakes. The property includes a walking trail through a portion of the site to provide a living natural history of the evolving scrub ecosystem. The entrance to the park has limited parking, an educational kiosk and a tot lot to encourage visitation. The. foss of the majority of the Sand Pines from a 'controlled burn' and several hurricanes has resulted in the evolutionof the-Sand Pine Community to a Scrub Oak Community. In 1992 FAU Prof. Dan Austin questioned the viability of such a small parel and stated that even with management it could succeed into aPalmetto-Oak Woodland "within decades". In reality it has taken less than two decades to evolve. Native plant materials include emerging Gumbo Limbo, Scrub Oak, Saw palmetto, and Cocoplurri. A handful of Sand-pines have been spotted. Include Project Location X, Y Coordinates in State Plane NAD 1983: X: ___ _ _ Y: ____ .. , t Public Lands Grant Program Application- Project Title: Leon Weeks Park Page 3 . rY . Detailed Project Description This description is to answer information for scoring the applications by the judging committee and for compliance with the minimum grant criteria. Must include project location description, [argeted invasive non-native plant species, acreage of infestation, scope of work, will the work be preformed in-house or contracted out (ij contracted out, describe contract pricing), method of removal (mechanical, herbicides, hand pulling... J, project milestones, and replanting species. The project consists of a 11.65 acre natural area in Delray Beach, Florida. It is located west of the combined rights-of-way of the F.E.C. Railroad and Dixie Highway, north of Lindell Boulevard and east of Albatross Road along the eastern boundary of the Tropic Palms Neighborhood. This lies in Section 29, Township 46 South Range 43 East. Originally, the site was a dual community consisting of Sand Pine and Palmetto Prairie ecosystems. The preserve area is -home to at least three Gopher Tortoises, Scrub Jays and many other nesting birds, as well as Indigo Snakes and a few. foxes. Targeted invasive species include Air Potato,. BalsamPear, Brazilian Pepper, Carrotwood, Earleaf Acacia, SchefFlera, Grape Vine,'Rosary Pea, Love Vine, Natal Grass and Torpedo Grass. The Sand Pine Tract has evolved to a Palmetto-Oak Wootlland as predicted by FAU Professor Dan Austin in 1992. His imeline for succession occured much more rapidly due to a 'controlled burn' gone awry and three hurricanes in a two year `period. The loss of Sand Pines to he 'burn' and subsequent loss in the 2004/05 storm season resulted in rapid growth of invasive grasses and vines as greater fight levels penetrated the forest floor. 'After the hurricanes,the City's man-power and funds were focused on tree trimming and removal as well as the removal of piles of vegtatve: debris through-out the City. During this-time, invasive non-native vegetation outgrew the native :.species in Leon Weeks Park creating an imbalance. This past year the City has concentrated efforts to remove invasive >plants, but additonal funds are needed to get to all of the areas. Every season brings with it the germination of seeds that >previously didn't have the light-.and conditions: to out-compete the natives. The removal of the non-native vegetation will allow the growth and development of existing, native species that provide food and shelter to birds, mammals and reptiles. The eastern perimeter is approximately 2,000 feet irrlength adjacent to Dixie Highway, a highly traveled corridor which allows passers-by a view into this preserve area. A few-miles further south, this ecosystem is repeated in Boca Raton, 'and provides relief from the condominiums and shopping centers. Matching funding in the amourit of $50,000 wilj be securred in the 2007!08 budget. The City is mandated by the interlocal ..agreement to maintain the preserve area. This is the only natural /preserve area in Palm Beach County where.. the City is the entity required to maintain the-site. The. City's request to-transfer the maintenance to the County was recently denied, due to unknow budget impacts as a result of the proposed roll-back of property taxes across the State. Our ability tomatch those dollars with this grant will greatly enhance our efforts to regain control of the non-native vegetation within Leon Weeks Park. In addition to the hebaceous growth, the City needs to remove many of the dead Sand Pines that are within falling distance of the pedestrian path that have become a hazard. During the past year the City utilized the services of a contractor specializing in the maintenance of sensitive and protected sites. The City was able to have work performed under the umbrella of a South Florida Water Management District contract, so to that end, prices were`competative. The City. will either look for contracts already in place or advertise for bids later this: year for the invasive: plant`removal. A combination of control methods wilt need to be employed including basal -bark herbicidal treatment, herbicide spray applications, and hand or mechanical removal. Limited equipment is brought into the site due to the protection of desirable plant' materials and Gopher tortoise burrows. The City has recently set up an Adopt-a-Park' Program, wherein volunteers get training and work in selected parks, helping'out with weeding and other repetitive tasks. Although this site was not originally spoken for, it is hoped that a group may want to help out at a later date, possibly in the fall when it is not so hot. Support for this park adoption may very well be gained through a public education outreach program combining educational instruction with the maintenance. At the very least, our Public Information Officer will contact the press wherr the. project is underway to explain the goals and objectives and to make the public aware of the City's (and County's) efforts to maintain this increasingly rare natural area. ,_, . .. ,., .~~., .. -... - ~ ~ ~• , 4~ ~. ~.. .-,~ - -~ Two ~ ~-''?"y . ,~ `~~~"' "sue Public Lands Grant Program Application-Project Title: ~-eOn Weeks Park Page 4 Project Narrative Provide any additional information that describes how the proposed project will meet each of the Judxin£ Criteria noted hr the application guidelines. 'The Educational Public Outreach Program is seen as a viable way to get volunteers interested in adopting the park and helping out with routine maintenance. The opportunity for a group of concerned citizens to learn about local preserves and natural areas will help promote and foster the :continued support of acquisition of these valuable wildlife habitats. The City would like to utilize the `permitted 5% of the grant to develop and fund such a program. f~. .. .~ y Project Budget Provide a proposed budget inrHcating how grard funds will be utilized and where the matching funds xrll be dlocrted CATEGORY OF EXPENDITURE AMOUNT MATCHING FUNDS Salaries $ $ Fringe Benefits $ $ Subcontracting: Planning $ $ Design $ $ Removal related Costs $ 50,000.00 $ 45,000.00 Supplies/Other Expenses $ $ Public Information /Outreach $ $ 5,000.00 TOTAL REQUESTED $ 50,000.00 $'50,000.00 TOTAL GRANT AGREEMENT $ too,oao.oa Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete. Submit 10 copies and 1 original to the following address: Signature: Public Lands Grant Program Coordinator Print Name: Palm Beach County Dept. of Environmental Resources Management Title: 2300 North Jog Road, 4`h Floor West Palm Beach, FL 33411 Date: THIS PA GE LEFT INENTI~NALL Y BLANK INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND (INSERT CITY OR PUBLICAGENCYNAME, including improvement and water controUdrainage districts) District This Interlocal Agreement (hereinafter "Agreement") is made the day of , 200_, between the , a municipality/public agency (CHOOSE ONE) loc Palm Beach County, Florida (hereinafter "Grantee") and Palm Beach County, a political subdivision o State of rida, (hereinafter "County"), each one constituting a public agency as defined in Part I of Chapter 163, Flo tes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as a 'da Interlocal oper n Act of 1969" authorizes local governments to make the most efficient use veers abling the cooperate with other localities on a basis of mutual advantage and thereby t ~ e serve and facile will harmonize geographic, economic, population and other factors influence a needs lopment of l0 1 communities; and WHEREAS, Part I of Chapter 163, Flon tes, pe blic agencies as defined therein to enter into interlocal agreements with each other to jointly exer a er, pre ege, or authority which such agencies share in common and which each migh exe ; WHEREAS, pursuant to Chapt, 5.01, Statutes, the Board of County Commissioners of Palm Beach County is empow tablish and a 's r programs of conservation and to enter into agreements with other governmental agencie within oundaries of the County for joint performance, or performance of one unit of the other, .any of eit governmental entity's authorized functions; and ERE in sp 'e of prohibited invasive non-native vegetation are spreading rapidly into natural areas in t nty, disp 'ng native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures; anr~ WHEREAS certain species of prohibited invasive non-native vegetation have a variety of noxious qualities, including, but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics in the County; and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to eradicate prohibited invasive non-native vegetation; and WHEREAS, the nine prohibited invasive non-native plant species (Air Potato, Australian Pine, Brazilian Page 1 Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both unincorporated and incorporated areas of the County; and WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially icly set lion hall after ring and for ;,es), o in- after the effective date of the Agreement will qualify as matching funds. County funding can be used to match grants from other non-County sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one County-funded program. The Grantee will bill the County upon completion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and Page 2 acceptance by the County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state that goods and/or services were invoiced to Grantee and not to~jvidual or "Cash." In the case of reimbursement for a portion of a salary, the canceled check submitted nv~ referenced individual and memorandum as such on the check. Reimbursement requests be reviewed and approved by the Department of Environmental Resou s Management, Floor, West Palm Beach, FL 33411-2743, which will indicate th enditures hav with this Agreement and send the payment request to th 's Fin epartm payment. The invoice must be submitted along with a ort, as ribed in ARTICLE 3 -AVAILABILITY OF FUNDS: The obligations of the County under this Agree its purpose by the Board of ARTICLE 4 - statutes be payable to the n he tee will 4th in conformity final approval and of funds lawfully appropriated for Bove immunity as provided by Section 768.28, Florida Statutes, the Grantee General Liability and Automobile Liability under Florida sovereign immunity 1,000 Per Person and $200,000 Per Occun•ence; or such monetary waiver limits that may change and be set by the legislature. B. In the even a Grantee maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, the Grantee shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes, Chapter 440. Page 3 D. When requested, the Grantee shall agree to provide an affidavit 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. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources Management, 2300 North Jog Road, 4th Floor, West Palm Beach, FL 33411-2743. E. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligations under this Interlocal Agreement. ~, ARTICLE 5 -INDEMNIFICATION: Without waiver of limitation as provided for in Section 768.28(5), the County agrees to indemnify and hold harmless the Grantee whatsoever kind or nature that the Grantee, its agents or e out of the terms and conditions contained in this A misconduct. Without waiver of limitation as pr permitted by law, the Grantee agrees to indemn cause of action of whatsoever kind or nature that of or emanating out of the terms or willful misconduct. Nothing herein to Section 768.28, ~d by law, of action of •esult of or emanating negligence or willful 768.28(5), Aforida Statutes, and to the extent bounty from any claims, losses, demands or agents employees, may or could sustain as a result th Bement that result from the Grantee's negligence a waiver of sovereign immunity by either party, pursuant p 'ec -related services shall be performed by skilled and competent personnel to the highest pr1 Stan in a field. The Grantee further represents that it has, or will secure at its own expense, all necessary pe nnel r red to complete the project under this Agreement, and that they shall be fully qualified and, if required, au rued, permitted and/or licensed under State and local law to complete such project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 - EOUAL OPPORTUNITY PROVISION: The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin, Page 4 disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 8 -GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee further agrees: 1. To allow the County through its Sponsoring Department to monitor Grantee completed as outlined in the Exhibit A. 2. To provide the funds for the balance of the project not funded by the County. 3. To maintain books, records, documents, and other evidence w ' h sufficiently and of any nature expended in the performance of this Agreem 4. That all records shall be subject to the Public Recor~~iapte lorida St 5. That the County shall be promptly rein 6. To complete the project, and submit a date noted in Article 11 below. The i documentation, as described in Article 2 of the project and acknor4Ce~ completed reports within the that the project is all costs brt to the County by the Agreement expiration Payment Request Summary Form along with rief press release highlighting the successes towards the project success. Failure to submit result in a delay in payment and/or termination of this Grante hall main adequat rds to justify all charges, expenses and costs incurred in accordance with generally accou p ncipals. The County shall have access to all books, records, and documents as required in this ction f e purpose of inspection or audit during normal business hours during the term of this Agreement and for at ast three (3) years after completion of the project. ARTICLE 10 -PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the Grantee certifies that its suppliers, subcontractors and consultants who will perform hereunder, have not been placed Page 5 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 F.S. 287.133 (3} (a). ARTICLE 11-EFFECTIVE TERM/TERMINATION: The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until (insert Agreement Expiration Datel, u erwise terminated as provided herein. This Agreement may be terminated by either party upon thi 0) days v~en notice by the terminating party to the other party, provided that the County will not arbitrarily or bly deny nding to Grantee under the terms and conditions set forth herein. ~ ARTICLE 12 -NOTICES: The County's representative/grant manager during the Department of Enviro Attn: Director The Grantee's 2300 North Jog Road, 4's (561)233-2400 of the Agreement is identified as: All notices requ' d to b ven under this Agreement shall be deemed sufficient to each party when delivered by United States mail to a County and Grantee representative/grant manager identified above, respectively, and with a copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Pahn Beach, FL 33401. Page 6 ARTICLE 13- ENFORCEMENT COSTS Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall comply with all applicable federal, state and local rules and this Agreement. The Grantee acknowledges that this requirement includes i state and local health and safety rules and regulations. The Grantee e~ subcontracts issued as a result of this Agreement. ARTICLE 15- REMEDIES This Agreement shall be construed by and govt necessary to enforce the Agreement will be held is intended to be exclusive of any other remedy, addition to every other remedy ~iv~ otherwise. No single or partial exercise or further exercise In the full force and agrees to federal, ~n in all State of Florida. Any and all legal action J~o remedy herein conferred upon any parry remedy shall be cumulative and shall be in ~r her existing at law or in equity or by statute or right, power or remedy hereunder shall preclude any other graph, sentence, clause or provision hereof by held by a court of competent nllot affect the remaining portions of this Agreement and the same shall remain in ARTICLE 17 -ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the County expects performance by the Grantee in accordance with such application. In the event of a conflict between the application and this Agreement, this Agreement shall coniml. The County and the Grantee both further agree that in nro~ding services under Page 7 this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18 -COUNTY'S AUTHORITY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated Agreement to the County Administrator, the Director and Deputy Director of t]~ Resources Management on February 25, 2003. IN WITNESS WHEREOF, the Board of County C~ executed this Agreement on behalf of the County and written. r [CITYOR PUBLICAGENCYNAME (If water control/drainage d istrict: A CORPO UNDER THE LAWS OF THE STATE OF FLORI By: Mayor (or Improvement Disirict Pre ~` ATTEST: By: [If wat Its: WITNESS: By.. [Name] APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City's Attorney Date) Beach to execute this Environmental has made and day and year above EACH COL~I'Y, FLORIDA BOARD OF COUNTY E. Walesky, Director Date nental Resources Management APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Assistant County Attomey Page 8 EXHIBIT B PAYMENT REQUEST FORM FOR INTERLOCAL AGREEMENT GRANTEE: GRANTEE'S GRANT MANAGER: COUNTY AGREEMENT NO.: R - DATE OF REQUEST: AMOUNT REQUESTED:$ PERFORMANCE PERIOD: MATCHING REQUIRED:. 1 (Effective Date of Grant through En rant Periodl CATEGORY OF EXPENDITURE AMO THIS Q A NG FUNDS Salaries Fringe Benefits $ Subcontracting: Planning $ $ Design $ Removal related Costs $ Supplies/Other Expenses $ $ Public Information /Outreach $ TOTAL REQUEST $ TOTAL GRANT AGRE $ TOTAL REMAINING I RA $ TEE CERTIFICATION The unde ed c e being requested for reimbursement above were for items that were charged to and utilized only or the above d grant activities. Grantee's Grant Managers Signature Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone Number Exhibit B, Page 1 of 1 Date: May 9 , 2007 AGENDA ITEM NUMBER: " ~~ AGENDA REQUEST Request to be placed on: -Consent Agenda -Regular Agenda Workshop Agenda -Special Agenda When: May 15 , 2007 Description of Agenda Item (who, what, where, how much): Request approval to apply for a $50,000 matching grant on a reimbursable basis from the Public Lands Grant Program from Palm Beach County for the removal of invasive vegetation from Leon Weekes Environmental Preserve. Department Head Signature: ~ ~- City Attorney Re 'e /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: City Manager Review: Approved for Agenda: ~/ No Initials: Hold Until: Agenda Coordinator Review: (if applicable) Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Alberta Gaum-Rickard, Project Co rdinator THROUGH: David Harden, City Manager Joe Weldon, Director of Parks d Recreation DATE: MAY 8, 2007 SUBJECT: APPROVAL TO SUBMIT A BASELINE BUDGET TO CHILDREN'S SERVICES COUNCIL FOR FOR FUNDING FOR FISCAL YEAR 2007/2008. ITEM BEFORE COMMISSION This item is before City Commission for approval to submit the baseline budget funding request for Fiscal Year 2007/2008 to the Children's Services Council of Palm Beach County. BACKGROUND The Parks and Recreation Deparment is in the process of completing its budget for the tenth year of funding from the Children's Services Council of Palm Beach County for our Out of School Program. We will enroll 300 children at three (3) sites during the school year, with CSC funding the actual attendance which is anticipated to be approximately 250 children. The Out of School Program will consist of an After School Program, Holiday Camp, Spring Fling, One Day Camps, and nine weeks of Summer Camp. CSC funding will amount to approximately $314,825.00. We are submitting for your review the budget application. FUNDING SOURCE RECOMMENDATION Parks and Recreation Department recommends approval to submit a baseline budget to Children's Service Council for funding the Out of School Program. Children's Services Council March 26, 2007 M BEACH COUNT Y Healthy Beginnings Early Care and Education AkerSchool Programs Family Support Joseph Weldon, Director of Parks & Recreation Mentor Center City of Delray Beach Parenting Center Parks & Recreation Out-of-School Youth Recreation/Enrichment, Contract # 104 50 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Weldon: Over the past several months, the Children's Services Council of Palm Beach County has been informing providers of its focus on creating greater systems of accountability -not only for us, but also for the agencies and programs that we fund. In keeping with that focus, CSC's approach to the 2007/2008 program allocation process will be the first in a series of steps that will eventually lead to a closer correlation between budgets and service-level objectives. The goal of the 2007/2008 process is for providers to plan more in developing budgets so that fewer funds are left unspent at the end of the year. CSC used cost drivers and historical spending patterns to determine your allocation amount for 2007/2008. The allocation is based on all line items remaining constant from the 2006/2007 budget except those affected by cost driver data. Those line items that did affect a change in your allocation are: salaries, fringe benefits, insurance, mileage ($0.485 per mile), and rent. The expectation is that the program budgets submitted will reflect changes only in the items identified above; no increase will be provided for a..y other line item. A utilization rate based on past expenditure patterns was applied to each of the items (salaries, fringe benefits, insurance, mileage and rent) identified in order to arrive at the percentage change recommended for that line item. Even though there have been increases in the identified cost categories, significant past under expenditures may result in a lower allocation for the 2007/2008 fiscal year. This process of reviewing past expenditure rates was applied on a program-by- programbasis. The allocation for your program for 2007/2008 is based on historical information concerning spending patterns. We recognize that your program's expenditure rate may increase in the coming year and it is not CSC's desire or intent to impact service levels. Therefore, CSC is establishing an amount of money that will be referred to as the "risk pool." It will be accessible to providers who exceed their historical expenditure rates and, thereby, will not be able to operate at contracted capacity without additional dollars. Based _ a 1919 North Ffagler Drive, West Palm Beach, FL 33407 ( Ph: (561) 655.1 Ol 0 ( (800J 331.1462 ~ Fax: (561 ~ 835.1956 ~ www.cscpbc.org 2007/2008 Base Allocation Process Page 2 on our review, this would most likely occur if an agency experiences less turnover in FY 2007/2008 than it has in the past, since that appears to be one of the largest drivers in the under expenditures. How an agency will be able to access these dollars will be made known at a later date. The outcome of the 2007/2008 base program budget process sought is to allow providers to operate their programs with the dollars allocated without affecting service provision. However, if, as a result of the reduction in funding, you find that you will not be able to provide the contracted service levels, you will need to reflect any changes in staffing or service levels in the PIE for your program. If funds are restored to your program through the "risk pool" your PIE will then be revised as necessary. Your allocation from Children's Services Council of Palm Beach County for the 2007/2008 fiscal year will be $314,825. Please note, this allocation is contingent on approval by the Council and may change based upon the outcome of legislation around property tax rates within Palm Beach County. Receipt of this letter is not a guarantee of funding for this program. By now, you should have received information about the mandatory budget trainings. If you have not registered, please do so immediately for both Part 1 and Part 2 so that you can access your budget documents in SAMIS. If you have any general questions on the process prior to training, please contact Shawn Laing, budget manager, at (561) 655-1010 x2178. Your CSC program and financial technical assistance staff look forward to working with you on your 2007/2008 budgets once the process begins. Sincerely, Bill Cosgrove Chief Financial Officer V ~ ` ~ ~ CO 00 ~l ~ !fit A W N -~ ~ D .ic O ~' ~ ~ ~ ~ O .r ~' T ~ m ~ O ~ C ~ ? 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Efl Efl 69 Efl b9 (fl to 69 b9 (fl . ,i . v CIl W W ~ O_ N A N ~~~ ~~~ O U1 O O V V O N O CJf ~ ~~ O A A O O O V ~ ~ O 07 ~ ~ O O p ~ ~ m ~l 0 V 0 V 0 J 0 V 0 ~l 0 V 0 V 0 ~I 0 V 0 V 0 D ~.. '~. r ~ ~ O N W ~ W ~J N A W O N N ~ CIl s CO fs- " O A ~ ~ ~ v W O C T ~ O U1 00 ~ - x K., '' N ~ O N W ~ W ~J N A W O N N ~ CTi ~ CO a ;, w N Oo ~ N 0 ~l O V O A A J ~ ~ ~I ~ , ~ ' O1 v W O 11 0 ~ O O C O O C N 3 O C Q !11 7 T D Z n 0 v z O m y W v a v CD y =~ CD cD y v v A S w O O ~ D O ~ ~ ~ ~ ~ 91 C1 3 ~ ~ ~ 0 c 0 O O m 7 m v n N N T~ N N O 7 C a 0 y n pt d Z 0 O V O e_D W O O T~ N C v m S Q N ~_ ~• N C7 O n D rn V/ Z m r C Y/ Z D /D rn ca m I~ O Date: May 8, 2007 f s AGENDA ITEM NUMBER: AGENDA RE(?UEST Request to be placed on: Consent Agenda _X_ Regular Agenda When: _May 15, 2007 Workshop Agenda Description of agenda item (who, what, where, how much): Approve authorizing staff to submit a baseline budget funding request for fiscal year 2007/2008 to the Children's Services Council of Palm Beach County in the amount of $314,825.00 for the Out of School Program which includes After School, Holiday/Spring Camp, One Day Camps Department Head (~ (~ ~ Signature: ..~~'`'~ City Attorney Revie 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: City Manager Review: Approved for Agenda: 'e / No Hold Until: Agenda Coordinator Review: Initials: (if applicable) 8 ~f Special Agenda Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~ ~ ~'--- -~ FROM: BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: May 8, 2007 SUBJECT: AGENDA ITEM # D, .L -REGULAR MEETING OF MAY 15.2007 INTERLOCAL AGREEMENT WITH THE CRA REG FUNDING ITEM BEFORE COMMISSION The attached interlocal agreement between the City and the Community Redevelopment Agency provides that the City shall agree to pay one half of the cost to the CRA, in an amount not to exceed $7,500.00, for additional work to be performed by REG Architects on the historic guidelines. BACKGROUND The CRA entered into an agreement with REG Architects to develop guidelines for the City's historic districts. The City agreed to pay one half of the costs, in an amount not to exceed $50,000.00. The CRA has since paid an additional $15,000.00 to REG for follow-up work associated with the guidelines. REG has now proposed the contract be increased by an additional $15,000.00. FUNDING SOURCE RECOMMENDATION Approval AMENDMENT NO. 1 TO THE FUNDING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY DATED MAY 18, 2006 THIS AMENDMENT NO. 1 is made this day of , 200_ to the Agreement dated May 18, 2006. between the CITY OF DELRAY BEACH, (City), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA). WITNESSETH: WHEREAS, the CRA entered into an Agreement with REG Architects, Inc. to develop guidelines for the City's historic districts and the City agreed to pay half of the costs, in an amount not to exceed $50,000.00; and WHEREAS, the CRA has paid an additional $15,000.00 to REG Architects for follow-up work associated with the development of the guidelines, including presentations to various boards, revisions to the Land Development Regulations and performing "test cases" of the new guidelines; and WHEREAS, the parties are now requesting that REG Architects, Inc., continue to advise the City on the revisions to the Land Development Regulations. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. Paragraph 3 of the Interlocal Agreement is hereby amended to provide that the contract amount shall be increased by another $15,000.00, to provide that REG Architects will continue to consult with the City and hold a charette, of which the City shall reimburse the CRA for 50% of the costs, not to exceed $7,500.00. 3. All other terms of the original Interlocal Agreement remain in full force and effect, except as expressly modified herein. 4. This Amendment shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Rita Ellis, Mayor Approved as to Form: City Attorney WITNESSES: COMMUNITY REDEVELOPMENT AGENCY Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH By: The foregoing instrument was acknowledged before me this day of 200_, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida 2 MEMORANDUM TO: MAYOR AND CITY COMMISSION FROM: Douglas E. Smith, Assistant City Manager THROUGH: CITY MANAGER DATE: May 11, 2007 ...-- SUBJECT: ADDITIONAL FUNDING FOR HOMETOWN CONNECTION NEWSLETTER ITEM BEFORE COMMISSION The City Commission is requested to approve funding for the Hometown Connection Newsletter for the remainder of Fiscal Year 2006-2007. BACKGROUND At the October 17, 2006 Commission meeting, the Commission provided authorization for the City Manager to execute aone-year agreement with Pollack Communications for newsletter production services for the Hometown Connection newsletter. An agreement has been executed with Pollack Communications and three issues of the newsletter have been produced (including the larger annual report edition}. Through a competitive quote process, staff selected CM Graphics as the printing/mailing company for the newsletter. Separate purchase orders were established in the amount of $14,999 for Pollack Communications and CM Graphics (CM Graphics PO was recently amended to $15,300.69 to cover the invoice for the last issue). Depending on the size of the newsletter, funding for the remainder of the Fiscal Year for one or both of the vendors will exceed $15,000 requiring City Commission approval. Several options are available. A summary table with the cost impact for each vendor is shown below (additional information on the funding options is attached). Summary of Costs for Remainder of Fiscal Year (Three Additional Issued Option # of Pages Pollack Communications CM Graphics Total Funding Total Fn~ding w! con A 4 None $11,01 i $11,011 $11,500 B 6 $1,463 $12,091 $13,554 $14,400 C 8 $3,263 $12,631 $15,894 $17,200 Staff recommends Commission authorization of Option C for the remainder of Fiscal Year 06-07 with the additional funding approved as follows: Pollack Communications - $3,500; CM Graphics - $13,700 for a total of $17,200 (which includes a contingency amount) FUNDING SOURCE Funding will be available in the PIO budget in account # 001-1316-512-34.90 for Pollack Communications and in account # 001-1316-512-47.10 for CM Graphics after budget transfers within the PIO budget. RECOMMENDATION Staff recommends Commission authorization of additional funding in the amount of $3,500 for Pollack Communications and $13,700 for CM Graphics for production of the Hometown Connection newsletter for the remainder of Fiscal Year 06-07. Funding Options for Hometown Connection for Remainder of FY Q6-0? (3 issues) Based on a printing 9,000 copies Pollack Communications -Newsletter Desien/Writine Option # of Pages Single Issue Cost Three Issue Cost Funds Available in Current PO Fuedf~-g Needed A 4 $1,200 $3,600 $3,937 None B 6 $1,800 $5,400 $3,937 $1,463 C 8 $2,400 $7,200 $3,937 $3,263 CM Gmm~hics -Newsletter Printina/MailinQ Three Issue Cost Funds available Fending Option # of Pages Single Issue Cost (+ additional $301 ~ Current PO Needed ex ense for last issue A 4 $3,570 $11,011 None $11.,011 B 6 $3,930 $12,091 None $12,091. C 8 $4,110 $12,631 None $12,631 City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (3) IMertund/Interdepartmental Transfer (5) Requested By: Ivan Ladizinslcy (2) Date (4) Batch Number Mav 11.2007 PROJECT ~ (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 001 1316 512 42.10 001 1316 512 34.90 001 1316 512 47.10 Transportation I Postage Other Contractual Services Other Contractual Services Printing and Binding Printing & Binding Services $4,300.00 $3,500.00 $800.00 1 JUSTIFICATION: (10) TOTAL $4,300.00 $4,300.00 Design, printing, binding, mailing of Hometown Connection thru fiscal year end. // Department Head Finance Director Asst C Manag City Manager ' (11) Budget Revision Date (13) Period (12) Control Number (14) Count ORIGINAL-BUDGET GANARY-FILE PINK-DEPARTMENT ~--~ AGENDA ITEM NUMBER: AGENDA REQUEST Date: 5!1110? Request to be placed on: Consent Agenda X Regular Agenda Workshop Agenda When: May 15 Regular Meeting Description of Agenda Item: Additional funding for three issue of Hometown Connection for the remainder of FY 06-07 as follows: $3,500 for Pollack Communications (account # 001-1316-512-34.90) and $13,700 for CM Graphics (account # 001-1316-512-47.10). ORDINANCElRESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO X Recommendation: Recommend Commission authorization of additional funding far Pollack Communications and CM Graphics for the Hometown Connection newsletter. Department Head Signature: Determination of Consistency with Com rehenslve Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on ail items Involving expenditure of funds): ~~~ ~ Funding available: Yes -~_~'-,~ No Funding aftematives (if applicable): Account Number: 001-131~6-512-34.90 &0/01-1316512-47.10 L Account Description: ~~ l -~'l-~~~ui( ~~!'1/JG~-~ `+~ ~/l 11,12' ~~~~,/~ Account Balance: `$3, 6~/ / 2 / 7 S/9 4~ 'L~ ~. City Manager Review: Approved for Agenda: es No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: or and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: City Manager DATE: May 8, 2007 SUBJECT: Agenda Item # ~ Special Event Request - 4th of Julv Celebration ITEM BEFORE COMMISSION City Commission is requested to endorse the 4th of July Celebration, grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of NE/SE 6th Avenue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from noon to approximately midnight, to waive City ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to provide staff support for security and traffic control, street barricading and banner hanging, new large stage set up and use, and clean up and trash removal. BACKGROUND Attached is the event permit, budget, site plan and activity schedule for this event. The 4th of July Celebration is sponsored by the City through the Parks and Recreation Department in partnership with the Downtown Marketing Cooperative. The Parks and Recreation Department is responsible for event management, planning, and coordination of staff support. The Downtown Marketing Cooperative contracts with the fireworks vendor for the display and barge, assists in fundraising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. There will be asand-sculpting contest on the beach from approximately 8:00 a.m. until noon. A bicycle parade will start at 4:00 p.m., and entertainment will begin at 5:30 p.m. The children's area will be opened at noon until 8:30 p.m. The fireworks show starts at approximately 9:00 p.m. Various vendors, as well as the Marriott and restaurants on South Ocean Boulevard, will be set up along Ocean Boulevard and Atlantic Avenue selling food and beverages beginning at approximately 5:00 p.m. The cost of the fireworks display, barge rental, docking fees and other costs are approximately $91,500. The City contributes $47,000 to the Downtown Marketing Cooperative to help offset the costs of the fireworks display and barge rental. Overtime costs for staff support are approximately $31,575 and are paid for through the City departmental budgets. In addition, barricade rental costs, portable lighting rental costs, crowd pleaser and port-a-let rental costs are approximately $5,700, which are also paid for the by the City since this is a City sponsored event. The in-kind value of U:\wwdatalEvents\4th of JulylAgenda Item 4th July 2007.doc media and other event support is approximately $150,000. Liability insurance is assumed by the City. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for street closure, waiver of City codes to allow assembly on the beach and vendors on A-1-A, approval of parking lot closure extension, and staff support as stated. RAB/db Attachments U:lwwdatalEventsl4th of JulylAgenda Item 4th July 2007.doc ~r RECEIVED City of Delray Beach Special Event Permit Application PLEASE PRINT u~uxe~+PR 29.`2001 r ~ a • ~ s ~ MINISTRATIVE SERVICES 1993 zoal Event Approved/Denied Date of Approval/Denial Aaoroved/Denied by Title 1. Event NamelTitle: 2. Event, Date(s): _ Event Time(s): 3. 4. 5. 6. 7. 8. Event Sponsor/Producer:_ Event Contact/Coordinator: Address: ~5~ 5°"',; Telephone Number: c,~7~}-1 E-mail Address: r~na Event Description: (!f neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City ®'I~lon-Profit/Charitable ^ Private ^ Co- Sponsor -Non-Profit/Private ^ , (If Non profif affach proof of 501c(3), c 4), c(6), (10) or c(19)) 10. Event Location/Address: ~L~~[~L-~l~C~1 Site plan attached: yes. no (Sife plan required for enfire event site) ~j-~p f~p 12. Event budget attached: yes-~ ~~l o (Required for all events) 13. Serving or selling alcoholic beverages: yes no~_ (If yes, copy of license and alcohol liability insurance required two (2) weeks prior fo event) y ~~~~ 14. Event certificate of insurance attached: es no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) 15. Playing of amplified music: yes no (Waiver required) 16. Requesting Police assistance: yes~_ no (TrafFc control/security) lar Number: A71 17. Will supplement with private security: yes_ no~ (If yes, need plan attached) QS ~~C( 18. Requesting Emergency Medical assistance: yes_ ~' no 19. Requesting barricade assistance yes no 20. Requesting trash removal/clean up assistance: yes_~ no 21. Requesting trash boxes and liners: yes •~(r no 22. Requesting stage use: yes~_ no (lf yes, check type) ~,1{ ~~t~~,P ~G~, ~ Large stage covered ^ ~arge stage o cover Small stagej~ Half small stage ^ ~ A~!-I Ctntic ~= ~}IH f~G3C.I~} 23. Requesting signage : yes no Type: Event sign (4'x4') Directional signs Banner hanging Indicate dates re uired (Waiver require if more than one (7) week prior to event) 24. Food and beverage vendors: yes~~_ no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 1--IQ(Y V ~~,I 1 ~ ~ n.S ~ FC~S°~-i UP Z'n~L ~S~ ~ ~~l ~ ~d 9f~ 25. Health Department approval: (see attached) yes no 26. Other vendors: yes no~_ 27. Tents: yeses no (!f yes, tent permits and frre inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no~_ (lf 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, ~C (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yes~_ no (If yes, contact Fire Marshall) y` 31. Will there be cooking with compressed gas? yes no /1 (If yes, contact Fire Marshall) 32. Will you be providing port-a-lets for the event? yes no (/f yes, locate on-site map. If no, indicate how you wrll h andle restroom needs) 33. Will there be a charge for the event? yes no~ (If yes, indicate ticket prices) 34. Is reserved parking requested? yes no (If yes, indicate /ocafions /l~D~~-yh Sicl~ o ~arr~ o-~ Zo-~ ~~ Pcwk 2 35. N nnornood t31ocK parties b/OCK • 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. ~~~ ~!~ E e t Contrac or/Coordi ato``r ~~ Date Ple a print: ~ V ~ ~ ~t.~.~.~/ 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 $ ~1i4 Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 ~_ W ~O 7 :V (+r. ~V r1 Q W 0 ~ O F- tW7 ~o ° °o °o oI °o O o O ° b 0 N 0 O 0 N 0 p0 00 0 o or OI Q, O ~ O N {Orj O ~ O ~ 1fi1 OI N O N 10 vi ~ ~ 1f1 N ~ N ~ ~ a 00 t- ~ rn ~' ~ ~ Y a y U_ y ~ 1~ N ~ O y O ~ C l-B ~ Y ~ ~ c O ° ~ g ~ m a ~ `b rn ~ o, m 3 N LL 55 ~ ~_ y7p7p = 'Fp = ~ ~ ,~ ~l •N ~ r ~ O LL O y 7 'C ` . .. 7 ~ ~ ~ U C7 •E ~ ~ b = b ~ ~ ~ o ~ 'S o v ~ ~ •~ ~ ~ ~ ~ ~ ci i c v i w' E w a a ~ cn ~ H 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 e 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0~ W O O O O 1f1 Y1 O Oj O O h Iff N H r If> h O r O N IIY N N ~ ~ ~ M 0 M ~ N 00 p N ~ ~ r ~ m ~ ° ~ ~ ~ ~ N OMp N r ~t O O M 001 O N M W a, O ~ O W W O N M ~ ~ ~ N v N tG t0 ~ ~ l 1 ~ ~ ~ fv N ~ W p p O O O ° O ° O N O N1 ` r-, W O O O O O O O O O O O h O O IfJ O O tlY O O N O O O O O O O O If1 O Op Y1 O 0 ~ O 0 r O tj C F .. ~ M 1ff 0 0 1 f1 a0 ~ " ~ ~ W b f < G 0 ~ ~ O O lfl r N ~ ~ N N ~ M V I 7 t~ N ~ m ~ F m O~ 10 O O O r ~ ~ ` ~ ~ OMD A ~ ~ ° M 001 ° A M ~~ ~ N O O ~ ~ ~ YYJ ~ v N 0 ~ M O ~ ~ r ~ 0 0 1. ~ N N a0 Ol ~ W O C F r ~ F.. ~ D ~ r m f0 r J a V a t0 O O ~ O O O O O O p Op pOp O O Q ~ ~ ~ H O O O to N 0 N 0 ~ O N I~ M O H M N O (O O O) ~ f~ (•01 O N O) N O) ~ GO r N b ~ ~ r N l A N O N lf> fV ~fl N ~ f~ r ~ ~ ~ V ~ N ~ ~ f0 M N N a00 G W vJ Q ~ I Q ~ 3 O F'.n. v7 C LL 0 Z ~ t Y m ~ ~, ~ ~ ~ t c W ~ ~ Q ~ ~ ~ ~ ~ m ~ ~ 2 ~ ~ '~ 00 ~ ~ o ~ ~ z C } J ~ U m ~ ~ y •- W rn ~ ~ ~ ~ ~ ~ ~ 7 ~ ~ ~ a ~ $ o~ 7 a V W J ~ J W O O C t~i ~ tVo1 N ~ '~ ~ v ~ ~ C ~ ~ ~ N u Z W A ~ m ~ Y g v -~ ¢ t ~ •~ ~ a ? ~ ~ N ~ C O y l~ 'O a ~ a LL g N o Li E ~ N :a S v 1R = J IQ- ~ I'- aZ v o ~ fi •~ J a ~ u `d ~ . ~i a K c o U v ~i ~ •N ~ ~d ~ ~ ~ :c ~i ~ ~ ~ ~ •~' ~ t .~? ~ ~i ~ •~ O w LL ? a v m = t ~n ~ LL ~ U U U ~ ~ w t~ ~ - 1~ ~ n. c~ cn v~ cn m cn c cn m ~ w a ~ a ~ cn ~ r- z r . Delray Beach July 4~` 2007 Celebration Schedule Three Days in Advance 17 Time World Champion Sand Sculptors begin creating large scale sculpture. They will sculpt over the next three days under tight security. Sculpting will continue until the grand unveiling on the 4'~ of July morning. 10:00 am-10:00 pm The 30 x 60 ft. American Flag will be flown near the beach, weather permitting, flying high near the intersection of Ocean Boulevard and Atlantic Avenue, presented by Sunset Entertainment & Hunter Crane. 8:00 am-12:00 noon Sand Sculpting Contest presented by the Delray Beach Rotary Sunrise. 1 pm winners will be announced. Ocean Boulevard and Atlantic Avenue on the Beach. Registration Information, ca11270-1380 ext 17 and 35. 3:00 pm-Decorate Patriotic Bicycle and Scooter Parade, presented by the Delray Beach Youth Council. Atlantic Avenue at Veterans Park. Decorate your bikes and scooters and register for the Big Prizes, including a new bicycle, helmets, gift cards and much more! 3:00-9:00 pm FREE CONCERT- Get set for dancing on the beach! 4:00 pm Parade Patriotic Bike & Scooter Parade Route will be Veterans Park to AlA at the Marriott. Open to all ages. For registration information, ca11243-7231. 5:00 pm Winners announced and prizes awarded at the new entertainment stage. 5:30-8:00 pm FREE CONCERT-Dance in the streets! Entertainment on our NEW Delray Beach Parks & Recreation Department stage! 4:00-8:00 pm Delicious Food and Beverages, prepared by local restaurants at Atlantic Avenue and A 1 A. 8:30 pm First Fireworks Salute...30 minutes to show time. 8:45 pm A Red, White & Blue 8" Star Shell will let you know that show time is in fifteen minutes. Make sure your radios are set to Sunny 104.3 FM for the fireworks music simulcast., Mayor Ellis will lead us in the Pledge of Allegiance to the Giant American Flag. 8:50 pm Fireworks Celebration Introduction & pledge of Allegiance with the Mayor Rita Ellis. 9:00 pm Fireworks Display-5000 Shells. s`.~i' 1 .• 1~ ._` W ,~,, ~ _~ ., H ~, ,_ ~c s :;. ~~ : i ~ ~ , _ - s ;~: ~ ~ : 4,w ~~ ~ ~~ ~: ~.~:~ ~' ~ viii :~'}~ ~'~ ;:~,. ~. r ~ 3~ ~ S, • .. -'ems ~ _ ~ ~ i ~ * r' ~""` .,t ~ , .. •• ... .r*r'~'~et _ .~~ ~ ~, ' ~ - j e ~" ~ : . r q a G 'T V n ~ ~ f • , fA ~^y-~ ~ t '~ dl~~ d t ~. .f ,yam ~Fdti Y ~ pt~ _ - --~. ~ (~'~s° ,.,. ax _ ~ ~1C r F ~~ ~ 'i' r ~ ~ - . _~ 3 ~ r .. _ . _ . ~ . . ~ I ~~~^ r ~' ' A ~. ~ ~} • ~ ~. ~ ' Y' - .. / 1` T ~ ~ ~, k l ~ -~~. ~ 4 r ' ~ ~ ~ i S r .~ e~ ~ . . #( .1 ,.I"• •- ~~ ' Y` ~r . ~. ~ ..s.~ .~y.. ~ulpti n9 A rea MEMORANDUM TO: MAYOR AND QTY COMMISSIONERS FROM: LULA BUTLER, COMMiJNITY IMPROVEMENT DIRECTO ELIZABETH B. ALPERT, ®. PROGRAM ADMINISTRATOR THROUGH: CITY MANAGER ~r'~ DATE: May 7, 2007 Q SUBJECT: AGENDA ITEM # t% • ~ -REGULAR MEETING OF May 15.2007 HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant award 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, 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. 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 m;n;mum 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 responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive 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 policyfurther assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. In addition, the in-house policy allows the City to award rehabilitation contracts to another responsive bidder in the event that the lowest responsive bidder's performance on the current job is proceeding unsatisfactorily and/or the contractor has more than three (3) open projects at any given time. FUNDING SOURCE State Housing Initiatives Partnership RECOMMENDATION Staff recommends awarding the bid for one (1) Housing Rehabilitation project to Ray Graeve & Sons Constructions, LLC, the verified responsible low bidder. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2007-35 APPLICANT: Leondra McMann PROJECT ADDRESS: 421 SW 15th Avenue DATE OF BID LETTERS: 04/09/07 DATE OF BID OPENING: 05/03/07 GENERAL CONTRACTORS Abisset Corporation Alpha South Construction,lnc Brigcon Consulting Services Cordoba Construction Co., Inc. Craftsman Plus,lnc. Gadsden Property Investment, Inc. Haywood Construction I.Q. Construction Inc. Joines Construction & Development, LLC. M & A Builders, LLC Morra Construction Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties Sun Band Builders Construction, Inc. In-House Estimate CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT 5% Contingency BID AMOUNT $ 31,474.46 $ 31,985.00 $ 29,985.00 $ 31, 566.50 $31,474.46 Ray Graeve & Sons Construction, LLC 29,985.00 $1,499.25 31,484.25 FUNDING SOURCE: Community Development Block Grant Account # 118-1963-554-49.19 COMMENTS: Lowest bidder within in-house range S:renpgrm/biddocs/bidinfosheet AGENDA RE QUE ST Request to be placed on: _ Regular Agenda Special Agenda Workshop Agenda _x_ Consent Agenda Description of item: (who, what, where, how much): File Number Address Contractor Grant Amount OS-116 421 SW 15th Avenue Ray Graeve & Sons Construction, LLC $ 31,484.25 ORDINANCE/RESOLiTITONREQUIRED: YES/NO Draft attached: YES/NO Recommendation: Staff recommends approval of one (1) State Housing Initiatives Partnership (SHIP) Program Housing Rehabilitation Grant(s) in the amount listed above for a total award of $ 31,484.25 SHIP Total: $ 31,484.25 Department Head Signature: Account Number: 118-1924-554-49.19 City AttorneyReview/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~~ NO W~ Funding Alternatives: Account No. & Description: Account Balance: City Manager Review: Approved f or Agenda: NO Hold Until: (if applicable) Date: ~• Agenda Item No.: May 7, 2007 When: May 15, 2007 Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM To: MAYOR AND CITY COMMISSIONERS /~ From: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR C~!'I~ ELIZABETH ALPERT, CD ADMINISTRATOR Through: CITY MANAGER ~~~ Subject: AGENDA ITEM # U •'`~ ` -REGULAR MEETING OF MAY 15, 2007 REQUEST TO INCREASE CONTRACT AMOUNT FOR 1 HOUSING REHAB PROJECT ITEM BEFORE THE COMMISSION: Approval is requested to increase 1 (one) housing rehabilitation project from its original grant amount of $30,303 to $33,903 in order to address lead based paint abatement located at 704 SW 8`~ Court. The revised grant amount of $33,903 is within the City's $37,000 limit for housing rehab projects. BACKGROUND: At the April 3, 2007 meeting, City Commission approved one (1) housing rehab project located at 704 SW 8'~ Court. According to 24 CFR Part 35, Subpart J, HUD guidelines mandate that all federally funded housing rehab projects constructed prior to 1978 shall be tested for lead based paint. If in the event a home tests positive for lead based paint and total housing rehab assistance exceeds $25,000 per unit (which in this case it does), the City is required to completely abate the lead based paint hazard. This request is to increase the original grant amount of $30,303 to $33,903 in order to completely abate lead based issues which have been identified at 704 SW 8`'' Court. FUNDING SOURCE: Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). RECOMMENDATION: Staff recommends approval of request to increase the original grant amount of $30,303 to $33,903 in order to address lead based paint abatement for one (1) housing rehabilitation grant located at 704 SW 8`'' Court. KATHRYN L. PASCALE, C.H.M.M., INC. -1605 SW 17th AVENUE FORT LAUDERDALE, FL 33312 Office: (954) 524-3910 E-mail: j~jensen@bellsouth.net Web Page: www.chmminc.com LEAD-BASED PAINT INSPECTION REPORT: THIS IS A POSITIVE REPORT Address: 704 S.W.8~` Court Delray Beach, FL 33444 Date: March 1, 2007 Requested By: City of Delray Beach Property Description: Single Family Home Testing Protocol• Testing .and analyses were conducted according to the HUD Guidelines for the Evaluation and Control of Lead-based Paint Hazards in Housing. Sampling: Components were selected according to the HUD Guidelines for the Evaluation and Control of Lead-based Paint Hazards in Housing. Quality Control: The Niton XLp-302A self-calibrates each time it is turned on. Therefore it is calibrated automatically at the start of each unit test. In addition a calibration using NIST Stan is done every four hours. Each result is an average of three readings per testing combination to meet HUD criteria and to assure precision and accuracy. Page 1 of 4 Qualifications: EPA Certified Lead-Based Paint Inspectors and Risk Hazard Assessors Lead-Based Inspectors, Georgia Institute of Technology Lead Hazard Risk Assessors, Georgia Institute of Technology NREP Registered Environmental Property Assessor, REPA #5903 Certified Florida Environmental Assessor, CFEA #235 Certified Hazardous Materials Manager, CHMM # 1748 Member Florida Environmental Assessors Association, FEAA 24 CFR Part 35 and 40 CFR Part 745: A copy of this report must be provided to new lessees (tenants) and purchasers of this property under Federal Law (24 CFR Part 35 and 40 CFR Part 745) before they become obligated under a lease or sales contract. Landlords (lessors) and sellers are also required to distribute an educational pamphlet approved by the U.S. Environmental Protection Agency and include standard warning language in their leases or sales contracts to ensure that parents have the information they need to protect their children from lead-based paint hazards. Results: Niton XL,p-302A readings greater than or equal to 1.0 mg/cm2 are considered positive and those less than 1.0 mg/cm2 are considered negative. Page 2 of 4 ~~~ Conclusion• } Based on the criteria of the HUD Guidelines for the Evaluation and Control of Lead- based Paint Hazards in Housin ,the followin com onents were ositive for lead: Components Containing Paint Mouthable/ Potential Lead-based Paint Condition High Wear Lead Surface Hazard Exterior-Facia and Soffit Deteriorated Yes Hi h Reconunendations• Lead-based paint which is in good condition, and which is not on a mouthable or high wear surface should not be a lead hazard as long as it remains in good condition. Lead-based paint on mouthable surfaces can be a potential hazard if small children are occupying the home. A mouthable surface is one that a child can get their mouth around enabling them to chew or otherwise ingest lead particles. Lead-based paint on high wear surfaces is a potential hazard since friction and wear can produce lead dust which then settles in the household dust increasing the potential for inhalation and ingestion of lead. This is especially true for small children who typically crawl on the floor, potentially contaminating their hands and toys with lead dust. Window sashes, stairs, and floors are considered high wear areas. Doors and frames may or may not be high wear, depending on whether they stick or move freely. Lead-based paint on the outside of the home which is exposed to rain may contribute to lead contamination of the soil in the drip line around the home. The resulting lead contaminated soil may be a hazard when children play in bare soil or it is tracked into the home on shoes. Components identified above as potential lead hazards may or may not be actual hazards, depending on the habits of the occupants. Windows are always listed as potential lead hazards because they are considered high wear surfaces. However, if the window in question is rarely opened the potential hazard is reduced. Likewise, lead-based paint on the outside of the home may drip lead particles into the soil, but if the drip line is under bushes and not easily accessible the potential hazard.is again reduced. It is recommended that if the lead-based paint is an actual hazard now, or becomes deteriorated in the future, it be stabilized or abafed by a professional trained in lead-based paint abatement. Lead abatement consists of the following options: removal of the paint, removal of the component, encapsulation or enclosure: Stabilization is simply removing the peeling or chalking paint (by wet methods) and then repainting. This is not a permanent fix, but is often all that is necessary as long as the surface is then maintained in good condition. Assure that contractors doing this work, or future renovations, use only wet methods for the removal of lead-based paint. Dry sanding, dry scraping or heat Page 3 of 4 z~ guns should never be used on lead-based paint as the dust and fumes generated will create an instant lead exposure hazard, and can also contaminate other areas of the home. Typically the easiest and least expensive way of abating lead-based paint on small or isolated components such as windows and doors is to simply replace the component. If lead-based paint which is in good condition but on a high wear or mouthable surface is left in place, the EPA recommends the following: wash these areas weekly with warm water and a general all-purpose cleaner or a cleaner made specifically for lead. Thoroughly rinse sponge and mop heads afterwards. Wash children's hands often. Wash bottles, pacifiers and toys regularly. Keep children from chewing on these surfaces. Clean or remove shoes before entering the home if the lead contaminated soil can be tracked in from outside. More information may be obtained from the National Lead Information Center by calling 1-800-424-LEAD, or from the EPA's OPPT web page at www.epa.gov/lead. Kathryn L. Pascale, President, CHMM, Inc. Page 4 of 4 Craftsman Plus inc. 4615 Haverhill Rd. Lake Worth, FL 33463 I Name /Address I City of Delray Steve Lee 704 SW 8th Court Delray Beach, FL. 33444 Estimate Date Estimate # 4/26/2007 5 Project Description Qty Rate Total Install aluminum over facia board and soffit around complete home Install mulch around perimeter of house 0.00 3,600.00 0.00 3,600.00 Tota i $3,600.00 enda Item No.: AGENDA RE QUE ST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda X Consent Agenda ORDINANCE/RESOLUITON REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Date: May 9, 2007 When: May 15, 2007 Approval is requested to increase the original grant amount of $30,303 to $33,903 in order to address lead based paint abatement for one (1) housing rehabilitation grant located at 704 SW 8~' Court. The revised grant amount of $33,903 is within the Cit~s $37,000 limit for housing rehab projects. RECOMMENDATION Staff recommends approval of request to increase the original grant amount of $30,303 to $33,903 in order to address lead based paint abatement for one (1) housing rehabilitation grant located at 704 SW 8~' Court. Department Head Signature: City AttorneyReview/Recomme ation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~: ~~'"/NO ~m~ Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Y~:,X/NO Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM To: MAYOR AND QTY COMMISSIONERS From: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ~~~/~ ELIZABETH ALPERT, ®ADMINISTRATOR Through: QTY MANAGER ~/" Subject: AGENDA ITEM # ~ ~ ITV -REGULAR MEETING OF MAY 15, 2007 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT SUB RECIPIENT FUNDING AGREEMENT - BLACKTIP REEF RESTAURANT ITEM BEFORE THE COMMISSION: Approval is requested to execute an agreement for funding with the above listed sub recipient under the 2006-2007 CommunityDevelopment Block Grant (®BG~ Program. BACKGROUND: In accordance with 24 CFR 570.301, a Public Hearing was held before the C'aty Commission on July 26, 2006, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal year 2006-2007. The Action Plan contained an appropriation for economic development activities and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other necessary requirements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved bythe CityAttorneyfor legal sufficiencyand form. FUNDING SOURCE: Community Development Block Grant RECOMMENDATION: Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 2006- 2007. FY 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH And BLACKTIP REEF RESTAURANT THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and BLACKTIP REEF RESTAURANT, hereinafter referred to as "BLACKTIP REEF," having its mailing address as 301 NE 3`d Avenue, Delray Beach, 33444 WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an economic development activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 Program Income means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Pur ose The purpose of this Agreement is to state the covenants and conditions under which BLACKTIP REEF will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK BLACKTIP REEF shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fift~Thousand Dollars ($50,000.00). 3.2 The CITY will be billed by BLACKTIP REEF and will disburse one lump sum payment to be made no later than July 15, 2007. Bills shall be submitted by BLACKTIP REEF at least two weeks in advance. 3.3 Status reports shall be submitted by BLACKTIP REEF per the following schedule, in a format prescribed by the CITY: a. An annual report is due on May 15, 2008, in a format prescribed by the CITY, showing condition and use of said equipment. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from May 15, 2007, to May 15, 2012. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by BLACKTIP REEF as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. Ineffective or improper use of CDBG funds, b. Failure to comply with the Statement of Work or terms of this Agreement, c. Failure to submit reports as required, d. Submittal of materially incorrect or incomplete reports, e. Failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to BLACKTIP REEF. If this Agreement is terminated by the CITY as provided herein, BLACKTIP REEF will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of BLACKTIP REEF: At any time during the term of this Agreement, BLACKTIP REEF may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, BLACKTIP REEF shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 BLACKTIP REEF agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 BLACKTIP REEF shall submit annual reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 BLACKTIP REEF agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME BLACKTIP REEF agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by BLACKTIP REEF and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall BLACKTIP REEF use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by BLACKTIP REEF shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY BLACKTIP REEF shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal State County and CITY Laws and Regulations: BLACKTIP REEF shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. BLACKTIP REEF shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. BLACKTIP REEF shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. BLACKTIP REEF shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. BLACKTIP REEF shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. BLACKTIP REEF does not assume the CITY's environmental responsibilities described at 570.604, and 4 b. BLACKTIP REEF does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: BLACKTIP REEF agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: BLACKTIP REEF agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. BLACKTIP REEF agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. BLACKTIP REEF shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Uniform Administrative Requirements: BLACKTIP REEF agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. BLACKTIP REEF is required to comply with the following uniform administrative requirements: a. A list of allowable and unallowable costs as provided in Attachment "A" b. Applicable provisions of 24 CFR 570.502. 9.5 Lobbying Prohibition: BLACKTIP REEF shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. BLACKTIP REEF shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.6 Section 3 Requirements: BLACKTIP REEF agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. BLACKTIP REEF shall include the 5 following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. BLACKTIP REEF agrees to send to each labor organization or representative of workers with which BLACKTIP REEF has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. BLACKTIP REEF agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. BLACKTIP REEF will not subcontract with any subcontractor where BLACKTIP REEF has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. BLACKTIP REEF will certify that any vacant employment positions, including training positions, that are filled (1) after BLACKTIP REEF is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent BLACKTIP REEF'S obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.7 Insurance: BLACKTIP REEF shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment B. 6 9.8 Property: Any real property under BLACKTIP REEF'S control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $50,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case BLACKTIP REEF shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under BLACKTIP REEF'S control that was acquired or improved in whole or in part with CDBG funds from the CITY for $50,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to BLACKTIP REEF after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of BLACKTIP REEF and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from BLACKTIP REEF, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of BLACKTIP REEF and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. BLACKTIP REEF shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to BLACKTIP REEF pursuant to the terms of this agreement. BLACKTIP REEF shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.9 Reversion of Assets: BLACKTIP REEF shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the BLACKTIP REEF by the CITY. BLACKTIP REEF shall within 30 days of expiration or termination of this Agreement execute any and all documents as 7 required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by BLACKTIP REEF prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.10 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.11 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.12 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from BLACKTIP REEF shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.13 Disputes: In the event an unresolved dispute exists between BLACKTIP REEF and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and BLACKTIP REEF, or in the event additional time is necessary, the CITY will notify BLACKTIP REEF within the 30 day period that additional time is necessary. BLACKTIP REEF agrees that the City Manager's determination shall be final and binding on all parties. 9.14 Indemnification: To the extent provided by law, BLACKTIP REEF shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: BLACKTIP REEF RESTAURANT By: Print Print 8 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 2007, by ,who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor Approved as to form: City Attorney 9 ATTACHMENT "A" SCOPE OF SERVICES BLACKTIP REEF RESTAURANT agrees to the following terms and conditions: A. PURCHASE OF EQUIPMENT: Purchase equipment and machinery needed to operate new facility, located at 301 NE 3~d Avenue, Delray Beach. Purchase of said equipment is subject to the CITY'S Purchasing Ordinance. Under the Ordinance, the threshold dollar amount at or above which the formal competitive sealed bid process must be used is $15,000. For purchases from $500 to $1,000, at least two written quotes must be submitted and for purchases from $1,001 to $14,999 at least three written quotes must be submitted. B. INVENTORY AND MAINTENANCE: Simultaneously with the request for reimbursement to the CITY, BLACKTIP REEF shall provide the CITY with a list of said equipment that includes a description of the equipment; serial number or other identification number, if applicable; source of the equipment; acquisition date; purchase price; and location of the equipment. Additionally, BLACKTIP REEF will make the equipment available annually for inspection by the CITY and must also provide annually to the CITY a report on the condition and use of said equipment. The CITY reserves the right to inspect said equipment on site. BLACKTIP REEF shall maintain said equipment, at BLACKTIP REEF'S own cost and expense, in good repair and condition. BLACKTIP REEF shall also keep the equipment insured for the replacement cost of the equipment against theft, loss, damage, and loss to persons or property. In addition to equipment, BLACKTIP REEF shall be permitted to obtain inventory, including but not limited to perishable food items, with some of the funds provided by CITY. CITY understands that food items will be consumed and therefore shall only require proof of receipts for food inventory. Alcoholic beverages shall not be purchased with funds from CITY. The provisions of this clause shall survive the expiration of this Agreement. C. DISPOSITION: Disposition of the equipment is subject to prior written approval of the Community Improvement Director or designee. If for any reason the said equipment is not maintained, used for its intended purpose, or kept in a state of good condition, BLACKTIP REEF RESTAURANT shall repay the full value of this grant, unless otherwise specified by the CITY. D. JOB CREATION: Subsequent to the effective date of this Agreement and within one (1) year of the completion of the activity, BLACKTIP REEF RESTAURANT shall create at least two (2) jobs, on a full-time equivalent basis, to be held by low-income persons. A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of Labor. Low-income status is based on the person's income at the time of hire and is not affected by subsequent raises or 10 promotions. BLACKTIP REEF RESTAURANT will register said job with and consider applicants referred by the Palm Beach County Workforce Development Board. E. SECURITY AGREEMENT: To secure the grant amount, BLACKTIP REEF RESTAURANT hereby covenants and agrees for a period of five (5) years commencing with the completion of the activity to comply with the Job Creation requirements and with the equipment use/disposition requirements. If for any reason BLACKTIP REEF RESTAURANT fails to comply with the Job Creation or the equipment use/disposition requirements, BLACKTIP REEF RESTAURANT shall repay the full value of this grant, unless otherwise specified by the CITY. The provisions of this clause shall survive the expiration of this Agreement. F. REPORTS: BLACKTIP REEF RESTAURANT shall submit the reports listed below to the CITY. 1. Written verification of job creation, satisfactory to the CITY. Verification shall include job title, salary, fringe benefits, full-time equivalency status, name and address of person hired, proof said person is low-income, and dates of employment. Said written verification shall be provided the CITY at the completion of the activity funded under this Agreement and annually there from for a period of five (5) years commencing with the completion of the activity. 2. The list of equipment and inventory items described in section B above. 11 ATTACHMENT "B" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that BLACKTIP REEF does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed BLACKTIP REEF indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. BLACKTIP REEF'S Signature: enda Item No.: ~ - " AGENDA RE QUE ST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda X Consent Agenda ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Date: May 8, 2007 When: May 15, 2007 Approval is requested to execute an agreement for funding with Blacktip Reef Restaurant under the 2006-2007~CommunityDevelopment Block Grant (®BG) Program. RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Corrunission approved Action Plan for Fiscal Year 2006- 2007. ~, Department Head Signature: ~ -- ~ ~ V~°~a'- City Attorney Review/Reco nd tion (if applic ble Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~YE~/NO Funding Alternatives: ~' Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: E /NO Hold Until: ~,/ , Agenda Coordinator Review: Received: Placed on Agenda: V1/~- (if applicable) MEMORANDUM To: MAYOR AND QTY COMMISSIONERS From: LULA BUTLER, COMMLTI~IITY IMPROVEMENT DIRECTO ELIZABETH ALPERT, CD ADMINISTRATOR Through: QTY MANAGER Subject: AGENDA ITEM # 8°0 -REGULAR MEETING OF MAY 15, 2007 REQUEST TO AMEND CDBG ANNUAL ACTION PLAN ITEM BEFORE THE COMMISSION: Request to amend FY2006-2007 Annual Action Plan to include $35,000 in funding Public Facilities and Improvements. BACKGROUND: At the July 25, 2006 meeting, City Conunission approved the 2006-2007 Annual Action Plan required by the United States Housing & Urban Development Agency (HLJD) for utilization of federal grant funds. This request is to amend the plan to provide $35,000 in CDBG funds for the rehabilitation of public facilities within the target area. This amendment is in response to a severe need which has been identified at the Caring Kitchen, located at 196 NW 8`~ Avenue. While the physical structure is owned by the American Legion Hall and leased to the Caring Kitchen, the property itself is owned by the City. The roof of the building is in severe disrepair and is in need of replacement. The Caring Kitchen is a hot meal program which serves Delray Beach's most severely low income families and homeless population. In addition to its hot meal program, the Kitchen offers services such as job search assistance and referrals to human service agencies with the overall mission of assisting individuals in moving toward self-sufficiency. The required 30-day notice to the public pursuant to Federal regulations was published in Boca Raton News on April 10, 2007. The amendment to the Action Plan can be found on page 15 under ®Objective 4. FUNDING SOURCE: Community Development Block Grant RECOMMENDATION: Staff recommends approval of request to amend FY2006-2007 Annual Action Plan to include $35,000 in funding Public Facilities and Improvements in order to make necessary roof repairs to the Caring Kitchen facility. ~.~~,tiE M T p~ v1~~~ I ~ ~C,~Z *I~~~~*n r ram Year y ~ Second P og ~e~~, o~~<~~4 Act ~ o n P l a n The CPMP Second Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. .. ~. M ,`. ,., ~,,., Complete the fillable fields (blue cells) in the table below. The other items are pre- filled with values from the Grantee Information Worksheet. Date Submitted 08/10/2006 A licant Identifier T e of Submission Date Received b state State Identifier lication Pre-a lication Date Received b HUD Federal Identifier ^ Construction ^ Construction ® Non Construction ^ Non Construction licant Information urisdiction FL120732 DELRAY BEACH Street Address - 100 NW 1st Avenue Or anizational Duns 07-7283737 Street Address Line 2 r anizational Unit Cit Delra Beach Florida De artment -Communit Im rovement Zi -33444 Count -U.S.A. Division -Communit Develo ment Em to er Identification Number EIN Count -Palm Beach 59-6000308 Pro ram Year Start Date - 10/1/2006 pplicant Type: Specify Other Type if necessary: Local Government: City 0 Pro ram Fundin U.S. Department o Housin and Urban Develo men Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); reas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding Community Development Block Grant 14.218 Entitlement Grant CDBG Project Titles: Housing Rehab, Economic Dev., Public Service Demolition Administration Description of Areas Affected by CDBG Project s CDBG Tar et Area $CDBG Grant Amount $597,467 $Additional HUD Grant(s) Levera ed Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $1 599 907 $Locally Leveraged Funds $Grantee Funds Leveraged 149 000 $Anticipated Program Income Other (Describe) otal Funds Leveraged for CDBG-based Project(s)$2,346,374 Home Investment Partnerships Program 14.239 HOME HOME Project Titles Description of Areas Affected by HOME Project s Second Program Year Action Plan 1 Version 2.0 Jurisdiction $HOME Grant Amount $Additional HUD Grant(s) Levera ed Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) otal Funds Leveraged for HOME-based Project(s) Housing Opportunities for People with 14.241 HOPWA IDS HOPWA Project Titles Description of Areas Affected by HOPWA Project s $HOPWA Grant Amount $Additional HUD Grant(s) Levera ed Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) otal Funds Leveraged for HOPWA-based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Description of Areas Affected by ESG Project s $ESG Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) otal Funds Leveraged for ESG-based Project(s) Con ressional Districts of: Is application subject to review by state A licant Districts Project Districts Executive Order 12372 Process? Is the applicant delinquent on any federal debt? If "Yes" please include an additional document explaining the situation. ^ Yes This application was made available to the state EO 12372 process for review on DATE ^ No Pro ram is not covered b EO 12372 ^ Yes ^ No ^ N/A Program has not been selected by the state for review Second Program Year Action Plan 2 Version 2.0 Jurisdiction Person to be contacted regarding this application Elizabeth B Ipert CD Program Administrator 561-243-7280 561-243-7221 Ipert@ci.delray-beach.fl.us www.mydelraybeach.com Lula Butler Signature of Authorized Representative Date Signed Narrative Responses Executive Summary .~~.x The Executive Summary is optional, but encouraged. If you choose to complete it, please provide a brief overview that includes major initiatives and highlights that are proposed during the next year. Program Year 2 Action Plan Executive Summary: During the 2006-2007 Community Development program year, the City of Delray Beach will continue to implement its 2005-2010 Five-Year Consolidated Plan. CDBG program funds will be enhanced through the leveraging of state and local resources, as well as private mortgage funds. The City expects to receive $597,467 in CDBG funds for the 2006-2007 program year, $599,907 in State Housing Initiatives Partnership (SHIP) funds, and $149,000 in funding assistance via revenue received from the repayment of an Urban Development Action Grant (UDAG) investment in support of our local Neighborhood Housing Program. The City will also be receiving $1,000,000 from the State (SHIP) under its Hurricane Housing Recovery Program for affordable housing rebuilding efforts. The City of Delray Beach's total CDBG entitlement for FY2006-2007 will be $597,467. The funds have been categorized into the following major initiatives: Housing (including owner-occupied rehabilitation and demolition), Public Service (including funds in support of various social service activities as well as Fair Housing Act education), Economic Development (including funds in support of various technical assistance and economic development activities, Neighborhood Enhancement Grant Program and Neighborhood Clean-Up Program) and Program Administration. Second Program Year Action Plan 3 Version 2.0 Jurisdiction General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Program Year 2 Action Plan General Questions response: Activities and programs funded in the 2006-2007 Annual Action Plan focus on the area identified as the City of Delray Beach's CDBG target area which encompasses the residential core of the City. The boundaries of the CDBG target area extend from Lake Ida Road (north) to Linton Boulevard (south), and from Interstate 95 (west) to U. S. 1 (east). This area includes the downtown business district and twenty-eight residential neighborhoods. The majority of the City's minority and low-income population is concentrated within the 728 acres that make up the residential core. The area contains approximately 2,224 dwelling units, including single family, duplex, and multi-family units. Two affordable housing projects, Allamanda Gardens, consisting of 36 single family units and Swinton Gardens, an 11 unit single family development, are both located within the target area. The activities that will be implemented with fiscal year 2006-07 funds have been developed to address the priority needs, strategies and objectives identified in the 2005-2010 Consolidated Plan. The general priorities as stated in the five-year plan are to: 1. To improve existing neighborhoods by constructing infill housing, renovate existing housing, and make infrastructure improvements; 2. To eliminate conditions detrimental to the health, safety, and welfare of citizens within the City; and 3. To encourage private investment and economic growth in eligible neighborhoods. In 2006, the City of Delray Beach will continue to provide funding for an array of community development projects and programs designed to meet the various and diverse needs of its citizens. On an on-going basis the City is involved with numerous initiatives and has successfully formed various essential collaborative agreements with area agencies and service provider organizations focused on meeting the needs of our citizenry. The City will continue using its unique network of Homeowners/Neighborhood Associations to foster communication throughout the City at the neighborhood and resident level. Through this system, each obstacle is addressed as it presents itself to the City and the Community Improvement Department. Second Program Year Action Plan 4 Version 2.0 Jurisdiction Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 2 Action Plan Managing the Process response: The City of Delray is an Entitlement City that receives funding from HUD through the Community Development Block Grant Program. The City's Community Improvement Department/Community Development Division is responsible for overseeing the development of the Consolidated Plan and for implementing the Community Development Block Grant Program. The City provides technical assistance to individuals, businesses, and agencies participating in the CDBG program and works with them in the development and coordination of new programs and services to meet the housing and service needs of the community. Included in this technical assistance is an ongoing effort to avoid duplication of services and maximize local resources. Community Development Division staff developed the Year 2 Annual Action Plan through analysis of demographic data, consultation with community groups and concerned citizens, meetings with individual contacts, consultation with public and private agencies, and discussions with other governmental agencies. Representatives of the following agencies either attended meetings, or were contacted individually for input: The Delray Beach Housing Authority, The Delray Beach Community Redevelopment Agency, The Delray Beach Community Development Corporation, Aid to Victims of Domestic Abuse, The Center for Technology, Enterprise and Development, Boys and Girls Club of Palm Beach County, Community Child Care Center, Community Financing Consortium, Community Food Pantry Program, Delray Beach Merchant's Association, Habitat for Humanity of Delray Beach, Homeless Coalition of Palm Beach County, Fair Housing Center of the Greater Palm Beaches, Urban League of Palm Beach County, Palm Beach County Health Department, West Atlantic Task Team, Neighborhood Advisory Council, City of Delray Beach Planning and Zoning Department, and the Palm Beach County Department of Housing and Community Development. In addition, information was extracted from the following sources: U. S. Department of HUD, 2000 U. S. Census, Palm Beach County Planning Division, Regional MLS, Inc., City of Delray Beach Local Housing Assistance Plan and the Census and Survey of the Homeless Population in Palm Beach County, Florida. The City has formal partnership agreements in place with many of the community partners listed above. Joint planning activities occur on an ongoing basis to develop collaborative projects and initiatives consistent with strategic community objectives. The City provides direct funding for many of the programs and services provided by the partner agencies and is directly involved in the monitoring and oversight of those programs and activities. Second Program Year Action Plan 5 Version 2.0 Jurisdiction The City has worked very closely with the Delray Beach Housing Authority and the Community Redevelopment Agency to plan and implement affordable housing projects and initiatives. The City meets regularly with the board of directors of both agencies, and has formed joint planning committees and task forces to develop specific plans to address the areas most pressing housing needs. Among the current initiatives being collaboratively planned and/or implemented are the development of a Community Land Trust to promote affordable housing development, a redevelopment plan for the City's own public housing complex, the Southwest Neighborhood Redevelopment Plan, the West Settlers Historic District Revitalization, the Downtown Master Plan, and the RACE initiative. Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Program Year 2 Action Plan Citizen Participation response: The City of Delray Beach's City Commission delegates responsibility for the preparation of the Consolidated Plan to the Community Improvement Department/Community Development Division. The Community Development Division is responsible for administering the City's housing and neighborhood services programs and develops and manages most contracts with outside agencies and provide housing and social services to residents throughout the City. For the past several years the City has been engaged in strong and vital planning initiatives with citizens, non-profit organizations, and other community stakeholders to improve housing, economic development, and livability conditions throughout the City. Particular emphasis has been placed on involving residents within the CDBG target area in the planning process of the Annual Action Plan. The City has worked very closely with neighborhood associations and other community organizations to ensure that the planning processes reflect the priorities of those most impacted. In addition, several grassroots planning bodies have been established to create opportunities for ongoing stakeholder involvement including: The West Atlantic Task Team (WATT) - a planning body consisting of representatives from all of the neighborhood associations and community organizations west of Atlantic Avenue; as well as the City Commission appointed 16 member Neighborhood Advisory Council (NAC). Needs Assessment Meetings were held at both WATT and NAC board meetings on 6/5/06 and 6/19/06 respectively. This allowed for public review of the plan and the opportunity to provide input. No formal comments were submitted. Second Program Year Action Plan 6 Version 2.0 Jurisdiction As required by HUD, a public hearing was held on July 18, 2006 to obtain citizen input. In addition to advertising the public hearing with 10 days prior notice, neighborhood associations, public agencies and other interested parties were notified by letter of the date, time, and location of the public hearing. The City also adverstised that the plan was available fora 30 day public comment period from 6/06/06 - 7/18/06 at City of Delray Beach Community Development Division, Delray Beach Housing Authority and the Delray Beach Public Library. Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structure. Program Year 2 Action Plan Institutional Structure response: The Year 2 Action Plan is to be carried out through a network of public, private, and non-profit organizations, many of which participated in the public participation process. The City's Community Improvement Department has been working with these agencies to construct affordable housing, improve neighborhoods, and establish services for all segments of the City's population. Measurable strengths of the delivery system of housing and community development programs include the number of lenders and financial institutions participating in the First-time Homebuyers Program, as well as the number of foundations and non-profit agencies in the community actively participating in a variety of activities benefiting the community. Some gaps and weaknesses in the delivery system include lack of builders engaged in construction and rehabilitation of affordable housing, no Community Housing Development Organizations (CHDOs) in the City and lack of contractors and subcontractors owned by minority and/or women. The City works very closely with the Delray Beach Housing Authority (DBHA), which manages the only public housing complex and the local section 8 program. The DBHA is a public housing authority separately chartered under State law responsible to a Board of Directors. The City of Delray Beach City Commission appoints the seven-member Board of Directors for the DBHA. The DBHA Board hires its own executive director, who is responsible for hiring, contracting and procurement, provision of services, review of proposed development sites, and comprehensive planning of the public housing authority. The DBHA submits a Public Housing Agency Plan which details the housing authority's plans for the next five years and their priorities (incorporated in this plan by reference). Over the years the City Commission has supported the DBHA by providing funds for infrastructure improvements within the DBHA complex and providing funds to assist with the acquisition of property adjacent to the DBHA property for future expansion. Construction or demolition projects initiated by the DBHA are subject to the City's permitting and inspection process. One of the strengths of the DHBA is the longevity of its administrative personnel. The Executive Director (formerly the Community Development Administrator for the City) has held that position for more than 10 years. This provides program continuity and stability. The largest gap for the DHBA is the need for additional affordable housing both in their Section 8 voucher program and in public housing. Second Program Year Action Plan 7 Version 2.0 Jurisdiction Coordination activities will be enhanced through the implementation of several joint planning activities involving the City, DBHA, Community Land Trust and the Community Redevelopment Agency. The DBHA received HUD approval to demolish the 200 unit obsolete public housing complex known as Carver Estates and will apply for a HOPE VI revitalization grant to fund its redevelopment. Plans are underway to build amixed-finance, mixed-income community which will include both rental and for-sale housing on 18 acres. It is anticipated that the project will be built out by the year 2008. Of note will be efforts to demolish and redevelop the Carver Estates public housing complex, create senior housing projects within the CDBG target area, development of a Community Land Trust and a newly enacted Workforce Housing Ordinance (creating inclusionary zoning districts). Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 2 Action Plan Monitoring response: During the 2006-07 program year, the City of Delray Beach will conduct on-site monitoring visits to all subrecipient contract locations (including public service, neighborhood enhancement and neighborhood clean-up grant recipients) to verify compliance with all federal regulations and City policies. In addition, all documentation pertaining to subrecipient activities and monitoring will be retained at the Community Development Division. Files are to include site visit reporting, before and after condition assesments and evaluations of measurable results. Lead-based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families. Program Year 2 Action Plan Lead-based Paint response: The City will continue to implement its housing related activities in a manner which assesses lead-based paint risk for the traditional target population (i.e., at risk children under the age of 7). When providing assistance under its housing programs, the City will provide all clients and potential clients with the "Lead-Based Paint" pamphlet that describes hazards of lead-based paint. The City will utilize the services of a certified lead-based paint professional to conduct lead inspections and risk assessments. The City will require contractors who participate in the Housing Rehabilitation Program to conduct all work in a manner conducive with lead safe work practices. Second Program Year Action Plan 8 Version 2.0 Jurisdiction Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 2 Action Plan Specific Objectives response: The City's primary focus over the next year will be the development and maintenance of affordable housing within the jurisdiction. The City plans to accomplish approximately 6 substantial housing rehabilitation activities, at least 5 of which will be limited to homeowners at or below 50% of the area median income, and 10 exterior housing improvements. A combination of CDBG and SHIP funds will be used to fund these objectives. In addition, at least 12 new homeownership opportunities will be provided for low- to moderate-income households under our first-time homebuyer program. The conversion of the historic LaFrance Hotel, located in the West Settler's Historic District, will provide 14 affordable rental units for low- income seniors. SHIP funds will be utilized to fund these objectives. The City will also continue its collaborative efforts with the Community Redevelopment Agency (CRA), and the Delray Beach Housing Authority (DBHA) in the establishment of a Community Land Trust to create additional affordable housing and ensure long-term affordability; mitigating the Carver Square sites and constructing new single-family units for low- to moderate-income families. Federal, state and local resources will be utilized to provide direct assistance to eligible households, as well as to leverage private investment in the area. The City expects to receive $597,467 in CDBG funds for the 2006-2007 program year, $599,907 in State Housing Initiatives Partnership (SHIP) funds, and ($149,000) in funding assistance via revenue received from the repayment of an Urban Development Action Grant (UDAG) investment in support of our local Neighborhood Housing Program. The City will also be receiving $1,000,000 from the State (SHIP) under its Hurricane Housing Recovery Program for affordable housing rebuilding efforts. All housing programs are available to eligible very low-, low-, and moderate-income families and households. Second Program Year Action Plan 9 Version 2.0 Jurisdiction Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 2 Action Plan Public Housing Strategy response: The DBHA received HUD approval to demolish the 200 unit obsolete public housing complex known as Carver Estates and will apply for a HOPE VI revitalization grant to fund its redevelopment. Plans are underway to build amixed-finance, mixed-income community which will include both rental and for-sale housing on 18 acres. It is anticipated that the project will be built out by the year 2008. The City will continue to work closely with the Delray Beach Housing Authority (DBHA) in its efforts to plan for the demolition and redevelopment of the Carver Estates public housing complex. Eligible families will be provided homeownership opportunities through the City's first-time homebuyer program. Members of the Carver Estates Tenant Association will participate in leadership training and organizational capacity building activities sponsored by the City through the Neighborhood Resource Center. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 2 Action Plan Barriers to Affordable Housing response: The City recently passed two Workforce Housing Ordinances (Ordinance 66-04 passed 12/06/04 and Ordinance 18-06 passed 4/4/2006) in an effort to create additional affordable housing throughout the City. The ordinances relax some regulatory (zoning) restrictions in designated areas, allowing increased density in exchange for affordable housing units. The City expanded the program to include additional RM zoned areas throughout the City. In addition, the City will continue to provide direct homeownership assistance to low- to moderate-income homebuyers to be used for down-payment, closing cost, or as a direct mortgage subsidy, all of which will help to increase the affordability of housing. HOME/ American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in § 92.205(b). Second Program Year Action Plan 10 Version 2.0 Jurisdiction 2. If the participating jurisdiction (P)) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Program Year 2 Action Plan HOME/ADDI response: The City of Delray Beach does not receive HOME/ADDI funds. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. Second Program Year Action Plan 11 Version 2.0 Jurisdiction 1. Sources of Funds-Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness-The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention-The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 2 Action Plan Special Needs response: The Palm Beach County Continuum of Care is the countywide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Homeless Coalition of Palm Beach County is responsible for developing the Continuum of Care strategy based on information provided by the Continuum of Care Planning Committee. The Homeless Coalition of Palm Beach County's Board of Directors is a community-based Board with representatives from government, business, formerly homeless individuals, law enforcement, banking, housing, service providers, faith groups, education, veterans and health care. The Homeless Coalition oversees and coordinates the Continuum of Care Planning Committee and all its sub-committees. The Coalition collaborates with community task forces to make sure crucial data is included in the Continuum planning process. The Continuum of Care planning occurs through an inclusive process consisting of the Continuum of Care Planning Committee and the following subcommittees: the Bed and Gaps Committee, the HMIS (technology) Steering Committee, the Standards of Care Committee, the Mainstream Resources Committee, the Glades Homeless Committee, the Service Provider Network, the Emergency Shelter Grant Program Board (ESG), Consolidated Plan Committee, Discharge Planning Committee and Family Empowerment Committee (FEC). Second Program Year Action Plan 12 Version 2.0 Jurisdiction The Continuum of Care system begins with the Homeless Management Information System or HMIS, which includes a telephone hotline as well as a countywide computer database accessible to all service providers. The hotline is operated by the Center for Information & Crisis Services, which also refers to HMIS as CMIS (Client Management Information System). A countywide one day "point-in-time" count was conducted by the Homeless Coalition in January 2005. The report showed 54 unsheltered homeless individuals in Delray Beach, or 13% of the total counted in the County (Source: Palm Beach County Homeless Continuum of Care Point-in-Time Homeless County, January 26, 2005 Noon to January 27, 2005 Noon). C.R.O.S. Ministries, which operates the Caring Kitchen, a hot meal program, located in the City's CDBG target area, reported serving an estimated 500 homeless persons, primarily male individuals, in 2004. The data on meals served is not recorded as unduplicated individuals; i.e., the same individual may be served on multiple days and be counted once for each meal. Of the estimated 500 homeless, the Center Director indicated that approximately 5 or 6 male individuals show up repeatedly on a weekly basis to receive a hot meal. The food pantry in Delray Beach, also operated by C.R.O.S. Ministries, provides groceries for homeless and low-income while they are pending food stamps or in other crises. Of the total 6,832 persons who received service in 2004, an estimated 5% were homeless. An interview with two Delray Beach Police Officers revealed that no homeless persons are observed on the streets of Delray Beach. Occasionally, they will find homeless persons living in the woods outside the City limits and will refer them to appropriate agencies. In addition, they indicated that because the hot meal program is open to anyone who walks in, the homeless population from surrounding municipalities come to Delray Beach for the hot meal and then leave because there are no overnight shelter facilities in Delray Beach. Based on both the point-in-time count and the information cited above, it is estimated that on a given day there are an average of 59-60 homeless persons present in the city limits of Delray Beach, all of them adult males. One shelter for abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach. According to AVDA's records 12 persons from Delray Beach took shelter at their facility, five of whom were children. Detailed demographic data on the homeless subpopulation is not available for Delray Beach, or on the extent of homelessness by racial or ethnic group. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 2 Action Plan ESG response: N/A Second Program Year Action Plan 13 Version 2.0 Jurisdiction Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 26), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Program Year 2 Action Plan Community Development response: The City of Delray Beach's priority non-Housing Community Development needs objectives are as follows: CD Objective 1: Economic Devlopment -Total Allocation $95,000 Utilize CDBG funds to provide businesses located in, or will be located, within the established CDBG target area for any activity where the assistance is appropriate to carry out an economic development project. $50,000 Utilize CDBG funds to provide neighborhood associations located within the target area Neighborhood Enhancement Grant funds in support of physical improvements through a competitive grant application process. Community Organization will be required to provide a 20% match to grant funds in the form of sweat equity or cash match. $25,000 Utlilize CDBG funds to provide neighborhood associations located within the target area Neighborhood Clean-Up Grant funds in support of providing healthier, safer and cleaner neighborhoods. Community Organization will be required to provide a 20% match to grant funds in the form of sweat equity or cash match. $20,000 CD Objective 2: Public Service -Total Allocation $89,620 Utilize CDBG funds to provide for a wide range of activities which include, but are not limited to, senior services, crime prevention, child care, youth services, fair housing counseling, recreational services, tenant/landlord counseling and employment training. CD Objective 3: Program Administration -Total Allocation $116,970 Second Program Year Action Plan 14 Version 2.0 Jurisdiction Funds are provided for the overall administration of the CDBG program and Community Development Division Administration CD Objective 4 : Public Facilities and Improvements -Total Allocation $35,000 (as amended on May 15, 2007) Utilize CDBG funds to rehabilitate public facilites as well as for public improvements located within the CDBG target-area. Specific long-term and short-term objectives the City has identified for the next five- years are as follows: • Utilize the newly remodeled Neighborhood Resource Center to provide awide- range of services and resources for individuals, families and neighborhood organizations. • Provide homeownership opportunities through the City's first-time homebuyer's program in partnership with the Community Land Trust (CLT). • Provide tenant/landlord counseling and mediation services utilizing the recently added City landlord liaison staff position. • Provide a wide range of educational, cultural, and recreational services to youth through support of the public service programs. • Provide housing rehabilitation assistance to low- to moderate-income households through the City's housing rehabilitation program. • Utilize enhanced Code Enforcement initiatives incorporating personal contact, streamlined Code Enforcement Board process and educational campaign. • Implement Litter-Prevention, Neighborhood Enhancement Grant and Neighborhood Clean-Up Programs to assist in goal of achieving a "Clean City." Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 2 Action Plan Antipoverty Strategy response: The goals, objectives and actions outlined in this 2005-2010 Consolidated Plan and in this 2006-2007 Action Plan are intended, in all cases, to assist those currently living in poverty by providing them with resources to move out of poverty, or to assist those in danger of moving into poverty to remain out of poverty. The City's holistic approach to community development provides various programming efforts and initiatives aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. The Florida Housing Finance Corporation approved the 2004-07 Local Housing Assistance Plan (CHAP) prepared by the City's Community Development Division. The CHAP includes local housing assistance strategies for utilizing SHIP funds, and local housing incentive strategies for affordable housing development. The City is unable to assess the extent to which its current housing policies and programs might assist in reducing the number of households with incomes below the poverty level. The Delray Beach Housing Authority's Family Self-Sufficiency (FSS) Program serves as an anti-poverty tool. The program provides a holistic approach to service delivery Second Program Year Action Plan 15 Version 2.0 Jurisdiction that includes homeownership, adult education, vocational training, social and economic counseling, employment counseling and placement, medical screenings, and transportation assistance. Afamily-centered approach is utilized as well, so that the needs of each family are addressed. To date the program has assisted over 20 families in obtaining homeownership. In addition, the DBHA applies for Section 8 rental assistance whenever HUD makes funds available. Both the City and the DBHA follow HUD guidelines pertaining to Section 3, which require contractors working on projects funded with HUD dollars to be diligent in attempting to hire low-income persons. This has the potential of reducing poverty. The City partners with non-profit partners, the Community Child Care Center and Families First, acting as the fiscal agent fora $853,622 grant from Children's Service Council. This grant facilitates services provided by the Beacon Center at Village Academy. Village Academy is a neighborhood school located within the CDBG target area which offers extended day and week-end child care services, adult education, and other programs to assist low-income residents. Non-homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 2 Action Plan Specific Objectives response: Although the City will use relatively few, if any Consolidated Plan resources to meet the needs of the Special Needs population during the next year, through its holistic approach to community development the City hopes to meet some of those needs. Through its partnership with the DBHA, the City will continue to provide increased housing opportunities for public assistance families to purchase their first home, accessibility for the disabled will continue to be addresses as a component of the City's housing rehabilitation program, funding provided to small businesses for economic development activities will require job creation for low-income persons, and the City will continue to provide funding to nonprofit and social service agencies for programs that benefit special needs residents. Funding to support the goals listed above will come from a variety of sources, including the City's CDBG allocation. Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xls workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing Second Program Year Action Plan 16 Version 2.0 Jurisdiction activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on the accomplishments under the annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 2 Action Plan HOPWA response: (N/A) Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 2 Specific HOPWA Objectives response: (N/A) Second Program Year Action Plan 17 Version 2.0 Jurisdiction Include any Action Plan information that was not covered by a narrative in any other section. Second Program Year Action Plan 18 Version 2.0 Agenda Item No.: ~ • y AGENDA REQUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda X Consent Agenda ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Date: May 9, 2007 When: May 15, 2007 Request to amend FY2006-2007 Annual Action Plan to include $35,000 in funding Public Facilities and Improvements. RECOA~IlVIENDATION Staff recommends approval of request to amend FY2006-2007 Annual Action Plan to include $35,000 in funding Public Facilities and Improvements in order to make necessary roof repairs to the Caring Kitchen facility. Department Head Signature: ~~~' City Attorney Review/Recomm atio (~ applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~NO ~~ Funding Alternatives: Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: (if applicable) ~~~~ Agenda Coordinator Review: Received: Placed on Agenda: a Memo To: David Harden, City Manager From: Lula Butler, Director, Community Improvement ~~ Date: May 11, 2007 Re: Beacon Center at Village Academy/Children's Service Council Annual Grant Award for Fiscal Year 2007/2008 ITEM BEFORE THE COMMISSION: City Commission approval to submit to Palm Beach County Children's Service Council (CSC) the proposed budget and request for funding for Fiscal Year 2007-2008 for the Beacon Center at Village Academy in the amount of $827,149. The total budget is based on the notice of funding available and the reservation for the City of Delray Beach. BACKGROUND: The City of Delray Beach is the fiscal agent for funding granted from the Children's Service Council in support of the Beacon Center at Village Academy. The City's non-profit partner contracted to carry-out the program and services under a formal agreement, approved annually by the City Commission, is the Achievement Center for Children and Families (Community Child Care Center). The proposed budget includes apass-through allocation in the amount of $183,748 to Families First of Palm Beach County for two (2) full time Social Workers and the associated clerical and management service. The allocation for the 2007/08 program is now based on historical information concerning spending patterns. CSC has established a "risk pool" that will be accessible to providers who exceed their historical expenditure rates. This may likely occur for the Beacon Center if the turnover rate for part-time employees are less than in the past, since this is the largest driver for not being able to use 100% of the grant awarded. CSC policies do not allow the transfer of salaries and benefit dollars approved in the budget into other operating or program expense line items. The agreement between the City and CSC will be scheduled for the appropriate City Commission agenda after the proposed budget is approved by CSC and the contract is submitted for execution. FUNDING SOURCE: Children Services Council of Palm Beach County RECOMMENDATION: Staff is recommending City Commission approval to submit to the Children's Service Council the proposed budget for the Beacon Center at Village Academy for Fiscal Year 2007/2008, in the amount of $827,149. g. ~ D Ma 11 2007 A enda Item No. ate. y g AGENDA REQUEST Agenda request to be placed on: XRegular Special Workshop Consent When: May 15, 2007 Description of Agenda Item: Beacon Center at Village Academy/Children's Service Council Annual Grant Award for Fiscal Year 2007/2008 - $827,149 Ordinance/Resolution Required: Yes / No Recommendation: Approval Department Head Signature: Draft Attached: Yes / No City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: City Manager Review: Approved for agenda: ~/ No G~ Hold Until ~i Agenda Coordinator Review: Received: Action: Approved /Disapproved ~I~l_m To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Date: May 15, 2007 Re: Beacon Center at Village Academy/Children's Service Council Annual Grant Award for Fiscal Year 2007/2008 ITEM BEFORE THE COMMISSION: City Commission approval to submit to Palm Beach County Children's Service Council (CSC) the proposed budget and request for funding for Fiscal Year 2007-2008 for the Beacon Center at Village Academy in the amount of $769,009. The total budget is based on the notice of funding available and the reservation for the City of Delray Beach. .-- BACKGROUND: The City of Delray Beach is the fiscal agent for funding granted from the Children's Service Council in support of the Beacon Center at Village Academy. The City's non-profit partner contracted to carry out the program and services under a formal agreement, approved annually by the City Commission, is the Achievement Center for Children and Families (Community Child Care Center).The proposed budget includes apass-through allocation in the amount of $183,748 to Families First of Palm Beach County for two (2) full time Social Workers and the associated clerical and management service. The allocation for the 2007/08 program is now based on historical information concerning spending patterns. CSC has established a "risk pool" that will be accessible to providers who exceed their historical expenditure rates, this may likely occur is the turnover rate for the part-time employees are less than in the past, since this is the largest driver for not being able to use 100% of the grant awarded. CSC policies do not allow the transfer of salaries and benefit dollars approved in the budget into other operating or program expense line items. The agreement between City and CSC will be scheduled for the appropriate City Commission agenda after the proposed budget is approved by CSC and the contract is submitted for execution. FUNDING SOURCE: Children Services Council of Palm Beach County RECOMMENDATION: Staff is recommending City Commission approval to submit to the Children's Service Council the proposed budget for the Beacon Center at Village Academy for Fiscal Year 2007/2008, in the amount of $769,009. ~CU~~ ~~~~:~~ h~ ram, $ I II C L t U L 0 t ' ~ # N - i O .~ L ~- N ~ M c a a ~ o d ~ d a ,11. ,~ L 0 {.J N 'D ~ C y c ~ ~ ~ LL- v c Z o ~, - '' •~ r ~ z o • '. ~' -_ C) \~, . a LL t V ;~_ '^J^ L^PL L.i.. a 0 N 0 M O 'D H 0 .a~ o. c c LL O 0 N .fl O U 0 O LL V ~ M ch U C d J ~ a V L 4i ,~ ~ m ~ ~ N T ~ ~ L ~ ~ ~ ~ n a _ ~ ~ a~ ~ ~ ~ U O +`r ~ J y ~' Z Lf ) U C .~ U LL ~~ ~ ~~ m~ U C ~' C (`4 ~ ~ Q' N~ 0 r v, ~ N to ov E o o ~ ~ Q1 ~ ~ Z, N ~ U a~ O o Z i ~ C ~ c o In ~ j U m ... ~ N Ol F- U ~ ~ ~ ~ ~ L Q ~ f0 O ~ U ~ `o CO y Q} .C ~ ~ C Q L .Q N 7 C ~ C a Z 0 cfl E ` C ~ Z Q Q ~ r m ~ ~ y ~ H i a H ~ 7 m vi O -'~ ~' m ~ T c~ w a W a ~` 41 d ~ ~ ~ f9 C ~% ~ O N a~ ~F/ ~ T R ~ C N ~ ~ ~ o ~. 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Y N = ~ N .C ~V. ~ I W. m m C O O C ~ C O p fQ > L L ~ ~ cd ~ 2 --~ Q' J U ~ F- O i } fA C7 P~ Z '~'` -p p O ~ ~ ~ ~ i ~ N ~ ' W o_ v U y . g ~ i o ~c ~.. U o ~ E ~ j L i rn o ¢ ~ ~ ~ ~ Q U p o O U O ~' N C o U O C N U P. O ~ bA ~~' Q ~ N 0 ~p ~ a. _ VJ ~ .L.. C U i y O L 'O ~ ~ ~ f~ N c ~ W O Q ~ } H ~ ~ a ~ E ~ ~ ~. ~ ~ Q rn U ~ ~ y c u m w u~ vi E ~ y a J z ~ o W a ¢ m Q a H ~ ao ~ n. v~ t=, O a n U 0) C U ~ LL a10i ~ m T fa O C N N ~` ~ L oU a~ o, c LL U L 0) 0) ~ UU ~ ~ L N U ~ ~' > C ~ ~ U EQ o `6 U ~ d Cr N c~ N d C .~ N h m 0 ei ~ A ~° m Z ~ ~ v ~ ~ m c ~.I Q a` z° T C 10 w of c c w v c A C .m. C .~ C .~ .~ d 0 c O v a E )MMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC DIB/A ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES The Company's total cost fs: SALARIES 8 FRINGE: Beacon Director Extended Day Coord. Asst Extended Day Coord. Bus. & Ops. Administretior Admin Asst I Parent Resource Coord. Teen Youtfi Coord. 5 P!T Teen Youth Instructors 8 Pff Lead Act. Instnictore 12 P!T Activity Insbuctors Neighborhood Organizer 3 PIT Custodians Program Director Sr. Bus & Ops Admin Accounts Manager Chief Executive Officer 7 P//T Activity Tnstrttctor - B Activity Instructor Asst Director - B Asst Director - C Curriculttm Specialist - B Curriculum Specialist - C 18 Teachers - C A'''~ ~ttic Coordinator - B 2 , .,ook - A PIT Cook - C Cook - C PIT Cook - B P/I' Maintenace Worker 2 PR Bus Drivers 2 Administrative Asst - C Administrative Asst - B HR Coordinator PIT Lead Champs Teacher Payroll Taxes Hea11h Ins/Employee Benef Total Salaries 8 Fringe OTHER COST Accountirq I Prof. Fees Adult Computer Instnictor Building Repairs li Matnt. CCMO (subcontract Un. Way) CHAMPS Beacon Computer Services CoMerencdTraining Contingency Employee Screening Equipment Repairs 8 Malnt Food Expense G,c+~*ds Maintenance Ir ~e Ja.__ _,ial Total Agency Budget DIRECT ALLOCATION METHOD Cost Categories Program Services Support Total Agency Direct Cost Indirect Cost A B C General Expenses as,ooo $ as,ooo s - a as,ooo $ - s - a - s as,ooo 3a,s5o s 3s,~o $ - s 3s,s5o s - s - $ - s 3a,~o za,ooo s 2s,ooo s - $ za,ooo s - s zs,ooo 30,000 s 30,000 s - s 30,000 s - s - s - $ 30,000 24,000 $ 24,000 $ - S 24,000 s - $ - s - s 24,000 36,300 s 3s,3oo $ - s 3s,3oo s - s - s - $ 3s,3oo 27,000 a 27,000 s - s z7,ooo s - s - s - s z7,ooo sa,738 $ sb,738 $ - $ sa,738 $ - $ - $ - $ s8,738 1n,ooo s „7,000 s - s 1,7,000 s - s - s - s „7,000 147,050 S 141,050 $ - $ 141,050 $ - s - s - a 141,050 2s,12o s 2s,1zo s - s z9,1zo s - $ - s - s zs,12o 29,314 $ zs,314 S - $ 29,314 $ - s - s - s 29,314 eo,oao s ao,ooo s - s zs,ss7 s 2s,ss7 s zs,ss7 s - s e0,ooo 50,000 $ 25,000 $ 25,000 $ 10,000 $ 10,000 $ 5,000 $ 25,000 $ 50,000 3a,ooo s ,3,soo $ 2o,aoo s s,soo s 3,400 s 3,aoo s 20,400 s 3a,ooo ,sa,ooo s 77,aoo s 77,000 s 3o,soo $ 23,100 $ 23,100 $ 77,000 s 15a,aoo 85,800 $ 85,800 $ 85,800 s 85,800 1s,5o0 s 1s,5oo s 18,500 s 1s,5oo as,eoo s as,eao s as,eoo s as,eoo 5a,a5o $ 5a,a5o s sa,e5o s 5a,85o 2s,5oo s zs,50o s zs,5oo s zs,5oo 2e,a5o $ zs,a5o $ 2e,s5o s za,~o 332,550 $ 332,550 $ 332,550 $ 332,550 32,950 $ 32,b5o $ 32,850 $ 32,850 3,510 S 3,510 $ 3,510 $ 3,510 11,050 s 11,050 $ ,1,050 s 11,050 ,s,aoo s 19,aoo $ 15,000 s 1s,aoo , 7,594 s n,5sa s , 7,5sa s , 7,594 2o,aso $ zo,aso s zo,aso $ 2o,aso 22,275 s 22,275 $ 5,569 $ 16,708 $ - $ 22,275 as,sso s as,5so s as,sso s as,sso 24,OOD $ 24,000 $ 24,000 $ 24,000 2e,ooo $ 2s,ooo s zs,ooo s za,ooo s,2ta s s,2,a s s,z1a s s,z1a 125,100 $ 125,100 $ - 50,600 37,250 $ 37,250 $ - $ 125,100 11s,as5 s 115,455 $ - 15,000 as,ooo $ aa,4ss s - $ i,s,4a5 s - s - s - $ - $ - s - $ - s - s - a - s - s - a - $ s s s s s s $ 2,002.100 s 1,s51,7ao s 15o,aoo s ns,331 s a1s,,s7 s s3s,7az s ,7o,eso s z,ooz,loo 35,000 s 35,000 s - 1s,ooo 5,500 $ 5,500 $ - s 35,000 1 5,000 s , 5,000 $ - , s,aoo o s - s - $ , s,ooo 17,000 $ - $ 17,000 $ 17,000 $ 17,000 a3,1oo s a3,,oo s - a3,1ao o $ - $ - $ a3,1oo 1,zoo s ,,zoo s - ,,zoo o s - s - $ ,,zao 32,000 $ 7,000 $ 25,000 7,000 $ 25,000 $ 32,000 10,000 s 10,000 s - a,5oo z,75o s z,75a $ - s 10,000 13,000 S - $ 13,000 $ 13,000 $ 13,000 5,500 $ 5,500 $ - 3,500 1,000 $ 1,000 $ - $ 5,500 zo,5oo s zo,5oo $ - 2,000 s,zso $ s,z5o $ - s zo,5oo 179,000 $ 17a,ooo $ - 35,000 7,,500 $ 7,,500 $ - $ 17s,ooo zl,ooo s - s zl,ooo o $ - s z,,ooo s 21,000 55,000 s ss,aoo $ 55,000 s 95,000 27,500 $ z7,5oo $ z7,soo $ z7,5oo Total Agency Budget DIRECT ALLOCATION METHOD IMMUNITY CHILD CARE CENTER ~ DELRAY BEACH, INC DJBlA ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES The Compenys total cost fs: Cost Categories Program Services Support Total Agency Direct Coat Indirect Cost A B C General Expenses Licenses /Taxes 8,500 $ 8,500 $ - 3,000 2,750 S 2,750 $ - S 8,500 Office 18,500 $ 18,500 $ 18,500 $ 18,500 P~edCleaning Supplies 31,500 $ 31,500 $ - 1,500 15,000 $ 15,000 $ - $ 31,500 PrintinglPublic Relation. 4,500 $ - $ 4,500 $ 4,500 $ 4,500 Professional Affiliation 1,000 $ 1,000 5 1,000 $ 1,000 Program Supplies 35,000 $ 35,000 $ - 24,000 5,500 $ 5,500 $ - $ 35,000 Sponsored Everts 41,000 $ 41,000 $ - 25,000 8,000 $ 8,000 $ - $ 41,000 Telephone 22,000 $ 10,000 $ 12,000 10,000 0 $ - $ 12,000 S 22,000 Travel 8 Ent 2,500 $ 2,500 $ - 1,000 750 $ 750 $ - $ 2,500 Unemployment Comp. Claims 9,600 $ 9,800 $ - 7,600 1,000 $ 1,000 $ - $ 9,600 Utilities 80,000 $ - $ 26,840 0 0 $ 53,360 $ 26,640 $ 80,000 Vehicle Maintenance 27,000 $ 27,000 $ - 12,000 7,500 $ 7,500 $ - $ 27,000 a - $ - $ _____ a - s - $ - $ - s - Toni aner coat $ 797,soo $ 483,400 $ 281,140 $ z1a,4ou $ 13a,5oo $ 187,660 $ 261,140 $ 797,900 Totalaoateefore/Ubcation $ 2,eoo,ooo $ 2,335,,00 $ x,1,540 $ 990,73, $ 552,667 $ 824,soz $ 432,000 $ 2,eoo,ooo Indirect cost $ $ 174so7 $ 97,402 $ 145,328 $ 76,,36 $ 493,474 Total Coat AfterAllocatlon $ 2,800,000 S 2,335,100 $ 411,540 $1,165,339 S 650,069 $ 969,930 $ 508,136 $ 3,293,474 ~ ~ ~ Total Indirect Cost $ 411,540 17.62% Indirect cost as a percent of total program Coat: Total Direct Cost $ 2,335,100 15.0% 15.0% 15.0% 15.0% Allocation Methodology: Pr'~`~ctude the methodology used to arrive at your Indirect coat rate. Please note, CSC permits a n. m 0(18% allocated to indirect costs. Your indirect coat rate may be below 18%, but canrmt be greater than 18%. 1. Chief Executive Officer agenda ti0% of time on administrative functions; Program A require 20% of time; Program B 8: C requi re 15% each. 2. Sr. Business 8 Operations Administrator spends 50% of time on administrative functions; Programs A S B require 20% each; Program C require 10%. 3. Accounts Manager spends 80% of time on administrative functions; Program A require 207E 4. Other expenses are applied directly to the program. ~`i 'I! "y { uf~h r `. ',U f rxr ~F ~ O _ _ ~~ SSi aq N ~~ Q: .: L M w~ O' S ~ ~ ~ `y' ~' ~ W m ~ ~ o ~ ~, Z w ~ W L ~ ~ ~' a Q, ~ M `Y' ~ ~ w N ,Ui . > LL ~: J 0 U O F- ~E'` A ~ N ~ ~.- N ~ ~ ~; ; ~ ~ ~~ 1 N ~ r r^ ~(l. ~ y 7' h ~ ji .ice,:: ~ _ . ~. YC! n O ca r= kd:: ~~. :Q', ;o ~ z ~ o ~k L ~~ ~' ~' ~: z~ ~ ~ w ~~; Z{ ~ Q ;~{ ~ 00 ~~ m ~ ~ ^~ Ly/,, ~ ~~ o LL ~ n1 4~F a OO r ,4: ~ :' , fn G~' ~ _ LL ~;f; l N W r . ;..' 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N p L ~ ~ = N ~ O ~ t0 " (7 ~ ~ N ~ N ~ (n ~ 'p ~ ~ (A 'p O C ~ y U U +-~ N ~ ~ L ~ a1 U ~ ~ N C Y ~ V u' 16 ~ o o w ~ o a°'i ~ ~ i ° a > ~ ~ ~ e ~ u. C7 ~ O LL. U ~ d ~ ~ N M tt ~ (O t~ W ~ ~ e- r r c d' ~... O N N O lC d Z O W C1 ~ m W L ^ ~ m Q ~ U OW ~ U a~ J ~ QO ~~ ~ O > Z ~ ~ Z Z m ~- ~G/ ~MM I.i. W O LL O O N O M 07 O ~.+ O O O_ •~ O d a as c 3 LL. O r r O O M ~ t0 O 1~ M _ M ~ M M N `~ (D ~ ~ ~ ' M O O J In 00 r N ~ 00 t0 r ~ N Q N N M eF M ~ F- ~ ~ d' Q O r EA fA (A EA EH fR fA ~ V! ~ to ~ d! ~ V! ~ M ~ /A w fa as i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M r r O O M 'd' t0 I~ 1~ M tf) 00 00 OO ~ r O N r r M N N ~ GO ~ ~ M ~ M ' M O ~ r ~ O ~ ~ U O N M ' V' r (n r ~ 'U w is tst C C ~ N N O W o ~ a ~. d o ~ c ~ ~ ~ ~ ~ '~ a ~ ~ m a c o a b ~ "' c D m c ~ U ~ ~ _ c N ~ W ea ~ ~ c~ ~ ~.`_ v in ~ O a d > Q ~° ~ ~ ~' o '~ o '~ > c v O c X • , ~ U o o a a~ ~ ~~ H d ~ ~ , o o ~ c ' 0 W ~ ~ a- li ti ~ ~ 2 ~ a i •p c ~ c ~ 1- U ~ ; ~ o ~ A ~ 7 07 ~ C1 yA„ ~ 3 N W N ~ ti 'O N to m N m H N .Q N m fC N ~ M ~ ~ r O r O r ti r 0 r cfl t(7 'v c 0 v A d m A a O •.. VJ d .~ A E A Z d Q ~: C~ A d C d U C 0 v A m o~ N z R a1 O a` w O M N l6 d Z Q V W m ~ m W ~ fn L ~ ~ M~ cW Q sC V I.L. NO~/ w LL V a~ J ~ Q ~ ~ N ~ ~ >_ Z O p Z Z ~MM LL W O LL O 00 O O ~ N O M 07 O w O r n O O 'O O a c c 7 c c 3 M O U ~ E ~ y ea .a m ~ m t.1 E Q l4 ~ d O N w r ~ ~ ~ ii ~ ayi c d '~ U R ~ LL O V ea E m Z r d c E m `° z a rn 0 a` O N O ~ N M ~ O 0 d ' i ~ N O) 0 0 J C'M r ~ r ~ 01 ~- Q a1 H F EF} IA d'i ER ~ ~ ~ f+N ~ N ~ ~ fA ER ~ Vl ~ fR ~ ~ ~ ~ tfs w O O O ~O M O t~ O M O O O to to O O N O ~ O 00 M O O N tt P o0 N M O N O 00 V M r 'ct N r !~' r U v~ us v~ y m r ~ y ~ ~ ~ N ~ N U C W C ~ C _~ Q _ ~ c 0) ~ C O L fn ~ .-. O O. O C. ' fl- w+ C ~ ~ ~ c Drs ~ _ ~a rn ~ a u o ~ ~ W C Q ~ ~ N C ~ ~ C ~ ,~ N N ~ aJ y y y O ° 0 a ~ O 0 ~ ~° ~ o ~ ' W E D n . ., ~ E c a a . sz a o d a r - m ' ' ~ U ~ co ~ ci cA U d cu ~ v v ~ v ~ I° O ~ ~ ci O O r N M ~ r N N N N N V~ Q N l~ 0.. Z _Q ~_ W F- m O a J Q ~_ ~_ Z m t V d m ~+ d r.. O ~_ U N w U N Z_ Z M~ W O O N O M O r n O O O_ '~ O d a as ~ ~ ~ N M ~ O O et M ' ' ~ ~ ~ ap Of O ~ 1~ ~ ~ Q O . T O ~ ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ h ti ~ o ° o o o v M N M ' ' ' 00 07 O 1~ U ~ ~ aMo ~ V ~ ~ v, C 0 c N ~ W ~ C U C W O ~ ~ w C N ~ N ~ I/1 N G1 F Q' U y ~ 0 ~ W O C p d N w ~ C N N 7 ~ ~ ~ ~ N ~ ~ w +~ 41 'a Z W ~ C N Q U j p w ~ ~ ~ C ~ N ~ a O .~ ~ V K C 41 . . ~ : ~ p ~ c ~ I W ~ K ` W w~ cn ~ ~ F - Q cn a 0 ~ ~ a~ -o ai w t Y ~ ~ U W H ui so ti o0 N N N N `r ti in ci c 0 v v d 00 E a 0 .. i~. y d .~ t6 LL d l0 Z A v d Q M N v a~ C d U c O V Rf d m E ~a z R rn 0 a` MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~~~~jj~~ FROM: JASMIN ALLEN, PLANNER ~>>~`~ L~Ei~~ PAUL DORLING, AICP, DI CTOR PLANNING AND ZONING,! /l ~ _ // ~- THROUGH: CITY MANAGER ~lJV I DATE: May 8, 2007 SUBJECT: AGENDA ITEM # C~• ~l- MEETING OF MAY 15, 2007 REPORT OF APPEALABLE LAND USE ITEMS APRIL 30, THRU MAY 11, 2007 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of April 30, 2007 through May 11, 2007. BACKGROUND 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. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of May 9, 2007: A. Approved (6 to 0, Frances Bennett absent), a request for a color change for Pelican Pointe, an existing multiple family development, located on the east side of South Federal Highway, south of Tropic Isle Drive. B. Approved (5 to 1, Carolyn Farnham dissenting), a Class I site plan modification for Kentucky Fried Chicken, associated with facade improvements consistent with the new KFC image standards, located on the east side of Military Trail, north of West Atlantic Avenue. C. Tabled (5 to 1, Jose Aguila dissenting), a Class V site plan, landscape plan and architectural elevation plan for Engtek Building, a proposed four-story mixed-use building containing 4,854 sq. ft. of office space and four 3-bedroom units, located on the north side of George Bush Boulevard, between NE 6th Avenue and NE 7th Avenue. The Board voiced concerns regarding the intensity of the development and suggested reducing the scale of the building and modifying the architectural design of the building. City Commission Documentation, Meeting of May 15, 2007 Appealable Items Historic Preservation Board-Meeting of May 2, 2007: 1. Approved with conditions (7 to 0) a request for a Certificate of Appropriateness for a screened enclosure within the limits of an existing carport and rear covered patio for anon-contributing structure located at 110 NE Stn Street. Concurrently the Board approved a variance allowing the required parking spaces to encroach within the front yard setback. 2. Approved (7 to 0), a request for a Certificate of Appropriateness to allow the replacement of the original windows on a contributing structure, located at 131 NW 1St Avenue. 3. Approved with conditions (7 to 0), a Class IV site plan, landscape plan, architectural elevation plan and Certificate of Appropriateness associated with the rehabilitation of a contributing structure, construction of a two-story support office building, construction of an amphitheatre, and attendant landscaping for 154-170 NW Stn Avenue, Spady Cultural Complex. Concurrently, the Board recommended approval to the City Commission for a waiver to LDR Section 4.4.13(F)(1)(a) which requires that the overall height of buildings shall be a minimum of 25 feet. 4. Approved with conditions (7 to 0), a conceptual master plan for Historic South Swinton and Sundy House associated with the development of a proposed residential-type inn and support facilities on Blocks 61, 62 and 70, which are located south of Atlantic Avenue, on the east and west sides of Swinton Avenue. The proposal adds three (3) new units (eleven currently exists) at the Sundy House, fifty-four (54) units on Block 61 and sixteen (16) units on Block 70 for a combined total of 84 residential-type inn units. Concurrently, the Board approved the following variances: Reduced the required side street (Swinton Avenue) setback for a proposed clock tower from 15' to 3'6" Reduced the required front (SW 1 S~ Street) setback for the subterranean parking garage from 25' to 12' Reduced the required side street (SW 15~ Avenue) setback for the subterranean parking garage from 15' to 2'9". RECOMMENDATION By motion, receive and file this report. Attachment: ^ Location Map 2 CITY OF DELRAY BEACH, FLORIDA City Commission Meeting ~ GULF STREAM BLVD. MAY ~5, 200 o ~ ~ ~; L-30 CANAL ~ w _ W ~ L ° ~ ~~ e 0 906 ~„_~~ __ ~ m ~ ~ 1 a ~ `~ ~ 1 5 V' E ~ P ~ ~ ° ~ ~ ~ ti Q ~ ~ 2 ~ ~ ~ y W ~, ~ ; u~ ~ C ~ LAKE IDA ROAD gLVD• 1 1 Q LA ~~ ~ i ~ ~ 'q ROAD - r" am _ ' 3 2 = ~~~_~~ ~ ~~_~ > W ND 3 ~ m ~ 1 y r~~_~~ B 1 1 L~~ ~~~, ~ ~~~~~~_.,...J ~ 7LANT1 AVENUE 4 1 i 806 VE E S .2ND T. ATLANTIC A ~ ° - z ' L ~ ~ ~ ~ Q a 1 ~' ~ x x ~ 1 a A1A V ~ 3 3 ~ ~ - O ' vi ~i ~ 1 _ w ~ ~ 1 LOWSON BOULEVARD S. W. 10TH ST. w w ~ Q e= o ~ ¢ _ 1 y" 3 k 3 ' ' ~ `~ ~ h `~ 1 _ ~ _ o - •J LINTON BOULEVARD w - ~ , GF,gy O " 1 Oy'N a°Pp 3 1 ~ W ~~ Z ~ ~ 2 ~R ~ 3 ~ z 1 _ ~ L ~ a ~ ~ ~ i - N „ O y y W h 1 U U' ~ ~ w °? Z W 9 06 " ~ - i - ' _ 11 _' _ _ _ I 1 , I I' A ' -0 ~ L-38 CANAL 5 CANAL C ,. SPRAB HPB A. PELICAN POINTS 1. 110 NE 5TH STREET B. KENTUCKY FRIED 2. 131 NW 1ST. AVENUE ~' CHICKEN 3. 154-170 NW 5TH AVENUE, SPADY CULTURAL COMPLEX C. ENGTEK 4. HISTORIC SOUTH SW/NTONAVENUE AND SUNDY HOUSE ~~ I ~~~_~~_~~_ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING 8 ZONING DEPARTMENT MAY 2007 • - DIGRAL BASE MAP SYSTEM - - ~ w w.a MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSY NADAL, BUYE~~ THROUGH: CITY MANAGER ~ ' I DATE: MAY OS, 2007 SUBJECT: ITEM BEFORE COMMISSION City Commission is requested to approve purchase of four (4) replacement fuel dispensers, three (3) for the Public Works fuel site and one (1) for the Police Department fuel site in the amount of $20,979.00 from Delta Petroleum & Industrial, Inc., complete with fueling hoses, nozzles, panels, pulsars, re-piping, wiring testing and calibration per quotation number #07-0063 and #07-0064, dated Apri103, 2007. BACKGROUND The City's current fuel dispensers at these two (2} locations are in very poor operating condition and the two sites are experiencing operational difficulties with the meters as well. A representative from the Environmental Protection Agency (EPA) has informed the Director of Environmental Services, Richard Hasko that the current conditions of the fuel dispensers do not meet their requirements and should be replaced as soon as possible. Quotes were request and received from the following vendors: is Works Police Den_ t. Total - Delta Petroleum & Industrial, Inc. $ 13,536.00 $ 7,443.00 $ 20,979.00 - J.E.B Petroleum Contractors, Inc Lump Sum Cost $ 26,216.00 - Glasgow Equipment Service, Inc. $ 21,325.00 $ 7,685.00 $ 29,010.00 FUNDIrTG SOURCE Funding from Accouirt #501-3311-591-64.90, City Garage Fund, Machinery and Other Equipment. RECOMMENDATION Staff recommends purchase of four (4) fuel dispensers from Delta Petroleum 8c Industrial, Inc., in the amount of $20,979.00. City Of Delray Beach Department of Envirnnmental Services M E M O R A N D U M www.deltzryesd.com TO: RICHARD C. HASKO, P.E., DIRECTOR OF ENVIRONMENTAL SERVICES THRU: JAMES H. SCHMITZ PUBLIC WORKS DEPUTY DIRECTOR FROM: KEVIN G. RUMELL FLEET MAINTENANCE SUPERINTENDENT SUBJECT: REPLACEMENT OF FUEL DISPENSERS DATE: MAY 7, 2007 I am requesting approval to move forward with the replacement of the fuel dispensers at the Public Works fuel site and at the Police Department. As you are aware, the fuel dispensers that we have in place are old and in poor condition. We have also been experiencing operational difficulties with the meters in them as well. I have met with Paul DeCarolis and a representative of the Environmental Protection Agency, and they have informed me that the current condition of our fuel dispensers do not meet their requirements, and should be replaced as soon as possible. I have attained quotes for the replacemenrt of the fuel dispensers from three vendors. Delta Petroleum of West Palm Beach has submitted the low bid for the replacement of the fuel dispensers, at $20,979.00. Funding is available from 501-3311-591-64.90 C: lDocuments and Settingslsoo~reylLocal SettingslTemporary/nternetFiles10LK451Fuel DtspenserRepl.doc Page 1 of 1 Rooney, Jackie From: Rumell, Kevin Sent: Monday, May 07, 2007 8:26 AM To: Rooney, Jackie Cc: Smith, Douglas 8ub)ect: Fuel Dispenser Replacement Attachments: Fuel Dispenser R®pl..doc Good Morning Jackie, I've presented the attached memo to Mr. Hasko, requesting permission to proceed with the replacement of the fuel dispensers at the Police Department and at Public Works. Mr. Hasko has instructed me to have this item put on an agenda request for the city commission meeting on the 15~ of May. I have obtained quotes from three vendors and am faxing them to you for backup. I will send the originals to you via inter oi~ice mail. The low quote was from Delta Petroleum and Industrial, Inc., West Palm Beach, for the amount of $20,979.00. This item has been approved in this year's current budget, and funding is available in 501-3311-591- 64.90. Thank you, Kevin G. Rumell Fleet Maintenance Superintendent City of Delray Beach Office (561) 243-7333 Fax (561) 272-5366 Email rumell@ci.delray-beach.fl.ue 5/7/2007 04! 09! 2007 15: 06 5615895014 ,'}ELT,4 PEfF20LElIM PACE 6c M E M a~ a ~t~ P E ~ ~ QUOTATION A>`IY3 CONTII.f-CT D>CT.7A t1~TROI~UM S IIVL?C7SI7ttAL, )QYC. 7E11Y F~PItfNi 11]~ 53rd Co41't NuetfA ~ f 1 w,e.~ p.~ sattt:b, i~ sa.r, ~, ~ ~r . ! Faht:: (Sil) Y~•17~7 Detr: Apri13, ' M7 Enaaflt pelt~drtspeeroUytt.ret QLLOtatlon {lr TU: ~ of Dehay Heath ~eForen«: pow t3t:partm~it 434 H, 9witot~ Ave. Dispenser Up-c3>!ade ~!4ll~i~h, Ft 3,'3444 PBCo~unty Vfrt~or Cvlntisw-t NU5133A Ittavirx 4. ~Rume11 1Me ere pleased to tubmlt tftlsquotatioa, bared an our iaoerp>'etttian of your ragtutamenti, ae folluwe: To 11CF1tilcil: the pdstit~ Tnlrhtim Ducr I Dispenser With a new Cteabay model Duo- I 98~a2IQC1'1iU! DF, Dac Ptwiuct flick i.nd. Compl~tc with au>trotmati~c z~s, fuel Hosea Snr high L~osc haadlr~e, tttaim3etss sttxi panels, talod pulsors. !85,29:1.00 To install :c-pipe. vvi:+e netitr +Ittlit tttnid to test out Ior pYapcr opeaatiplp smd OI\~xi1117OR, SZ, I5D.OO If i>pavtrery li legWtued tldd ~BSI.OO. rf~w 8~1~` IR~~ ~ CI~'7~elly~~J ,~~~.~ql 1e~lrw~r ~lCYrllr y C<IM~Iaf Jj1/'w.wl~o.v~.v„ /~~'a/' ~~Q~ q O ~' RAE ~ ~ f.'~d~'!! IM'tf~'~~i f-Yt~ ~ ~f L'a'AOIYR'1r7. ~f311~ ~ tMf~ Ii ~~ ~/d PAY9tEN7 TERM5~. Caky PurcLre C11det, Nt130 ~ wtctvYwNCtt~ Tor papeyl, rr.n erdw~a W shs eurvhr.r, end t1~tN rrprovd of ~rrn OfHrrd Ofltorr, wnl uuwrnlWr ~ ewn~ ilor avntrrct henwr~n w. raV~rt s rM rwr ~ w~t?Uf+e aw tfs irwrse dee, h Y r~r~ly i~ tort mrn M ne v-ee+ra, prawr»nti, or uddenNnbklp, err! a 1MRVrt, oat s+vlfLd th thl~ prepeMl. Sebl ROp~stlltative \1 Compttn+ Nt~me gratute ^'~` - - - print name nfsigneufra andtitk Dete ~~ eeptanes .-. S OtOEf4er ?ttle Uap )lgt, CredtT HO. '^ 8ai©9188' 16:06 5616f39591a Lt=LTA PETi?OLEI~f M E M 8 E R QUOTATION ANll CONTRACT P~ t "wC D~1r7A PETROIEIJM ~ INDlT877[i4Li. II~IC. EQ~rAlEl1T 1lES' I13~ ~f~ GpR J1Te1~ w..e rl,e B~ FL 3~ P~ea~s (361) •40.1J~i Fa=: (361)1110.17"J7 1&r•~fl~ 1Dotttt~deltspotroiwo.net P~ 01 ry~ Pap ; of 1 I).te: April 3t 3(?Q7 Quotatiaei it p'1 ,pp~ 70: t;ity Of pe~ Beasctl R°~OtO°~~~ Public Wodw 4~3.4~8. ~11apn Avoc. Dyepcnscr CJp-Ofsade - ~toXda~h' F1 33444 E~BCauuty Vendoz C~atra~Ct NO5133A K~-in l7. Rumiell Wa ara pIt+axd to tubmtt this quotation, bead on our Interpretation of your ioquersaiaAts,e~ follows: Furnish 3 - tleaboy madc19t35~ I~C17F'Z. 3ing~e PnoduCt I~pratt~crs. t~nmple~te with llaelin~ hoses s;nd s~utpmatiic Hoagies, eIl Rraiz~leela Fantle, end pulses ~ $3,413.44 cw. #lo, 23s.on '1`o tte-Pips end wig new units test out 5or proper crpctadtm end cetibratifaa. ~ 3,3OO.UO I. New' diepcnfatxs to he taornptfutiblt: with the eztiatii~pg Fuel Meet>er iTl1~tU~lOOO. 2. if rrapor teoo~rtery is mqu+rod odd X9.00 pct dispcnaicr (~solinc oaf. T)is Plwvleawa P~a~aaat ~- ~' e~eriturdtrj ~Y soia~p >~ Ar'+ritdr. Bamars 41' wroNtar~tiraat~tttr, folts~ratatr trjt~araprtrdresw ore o siartlulett, sa~+a~,liasaot c~rY+x auaJlfrs+pr~a eoYwrt i~e.btlMiseai,/Fsrw a~iler+a 4ra~a~s fr afa iwcraae la dis~ardee ~fl~ ~ tolls cae-~artr a.i..ry..e d aaf~la~ trlLrP-sP~ t~s~~ee ste'firfllli +.fit ie i~orad a rr~rcr~ o%idiaasi ~~ tea arta>*iasrr. RYr t~'tlrrltuitwet~ew M~etwwetwadew tyrie 'e4t~ PAYtdEA{T TERMS: Ciq Ihmohare l3t+de[, Nd 3Q d1~yi. IICCirrA/+CY. 7Aw AaVo~. h~Mn a~sA by ~ PutpTtaM, ,.te tv~ .oo~ral a a,~rw. otn.u~ ont.ar, rwk aettrtgw ~ sen- 11a. aantn.at bNMan uy ry.r w.n In+af alb wMMMN ~h lb. tsq[N ~iaa. k Y altpwry yrA that thats M na pgl~p, Nn«mnn. x und~prtdlttP, e.~l « u.rt.e, not ~KUtl M MU v~~. Saks rtepretwrtatiw Compat0~ 1Wmo SI`Aatura -- - -~ brunt nrme of aiptatura acid thk - - - -- Dat6 - -- u Aoteprae>•e tare a O oar *it10 Doto 5a PdQr. Crodlt >Ve. J.E.B. PETROLF UNI C ,, CT 1ZS INC. May 1, 2007 Mr. Kevin Rumell City of Dekay Beach Fleet Maintenance 561.243.'7333 Dear Mr. Rume11, J.E.B. PETROLEUM CONTRACTORS INC. is pleased to submit the following quotation to remove and replace the dispensers at the police department and maintenance ~'ard. Tbas will be four dispensers total, 3 at the maintenance yard acid 1 at the police department, Scope of work to be completed: • Remove old dispensers and dispose of the same. ' Supply new Bennett Electronic dispensers complete with hoses and noz„~les Start up and calibrate. ~mm~ a@m coat ~ S 6?~Q4 derma: Net 10 Qualifications; • No permits or plans • Assume all eiec~ical wiring can be reused, • Dispensers fox maintenance yard are to be Bennett model # 3711. SNR- 17 Single with stainless steel panels • Dxspense~ for police department is Bennett model # 3712 SNR-21 Single Dual with stainless steel panels. • Dispensers include hoses and nodes • Delivery is approx. 4-6 weeks Cost of new high hose retrievers is $1 b3.43 each installed at the same tirue as the dispensers. PQ BOX 173786 MIAMI, FL 33~i 7 P'CC-0s6792 PHONE 786-246-57$8 FAX 3a3-b25,3686 WEB ~tmJ/jobe~toluun_can EMAIL B. TROZEUIV.i CQNTRA~CTU~RS I Mr. Kevin Rumell City of DeXray Beach Fleet IvXaintenance 561.243.7333 If yoe~ have any questions please feel fi~ee to call zrre at airy time at 954.214.7066. Sincerely, ~~~ ,Acceptance Tide Date Michael Swartz PO BOX 17378b M1Abfl, FL 33D17 PCC-0567'92 PHONE 786.7A6-5788 FAX 30523-3686 EMAIL 2 Q[!O'r'ATjON Na. D-0806 A QUOTATION ~ G01+lTRACT Fpr Inst~llatlon or S~nllUe GLA.SC4W E~UItMENT SEL~VICIE, CN'~. P.O. eOX 10087 RIVI,EIL4 I~EACF1, FLQRIDA 33419-4487 PHC3'VE (561) 842.726 f FAX (5611 8~Z-74U2 CITY OF IaELRAY 9EACH d34 8, BWNYTON AVENUE DELRAY BEACH, f=~ 33444 _4TTN; I~EV1N RCJMIri.L D•-T'E: ~a~ ~, Zoos PAGEw1`OF i____ RE- NEW PUMP AT POLICE QJ RESPOa+i68 7'C~ YOUR II~AQr~tY. WL+ 3IJ8hIIT TFQ3 Pt]C,i,OW>Np QUOTAI'[OtV: PROVIDE LABS, EQIJIPMENf ANp MA'I'ER]AIS ?O RP,PY.ACE FE1BI, PUt+IP AS FbLLOWS: • LQCFCOUT /TAf3p{)'L' FI~6CTRICAL 30URCE TO FUEL 8Y5TF.Irt. • DI3CQIVNECT $1.>rCi'R2C~kL. ItEtitOVE TUII~, DRAat AND CAP [!~T'BRNwL PIPINf} PWOIC TO TRA1d5PORTlpISPOSAL • R8M0'V$ AND DISP05P qF I57~I5TIlVG H45E RETIe~ICTOAS. • FURNIfiH A~~TD D19'I'Al.L ONE (1) NEW G~ARCO LEGAC'!' iC1 100 5WC}L8 PfEDD~JCT, SINQLE HOSE F[JI3L PUMP WITH STAINLESS STEEL i'ANELS a4Nq PULSBR • FUTWISH AND INSTALL TWO HEAVY DUTY HKi>~ HOSE ><STRACTORS dN PUMP. • PURNI3N AND 1rI8TALL TWO 12` HpSBS, l3REAKAWAYS ANb I~pZZLES WITH A1;70 SHVf OFis CAPAgILii7$S ON PUMP CONNECT PUMP TO 8Xt7STING Fi1BI.MASTf3R SY57EM. • PgLtFaRM LINE TPSTII~(C,,INSBFL'YIpNS AND STARTUP. 'I'07'AL BTri ry1i(~; S7~.M -PAtICB VALiQ FOR 3Q DAYg -PRICES BABEp QN lICHOdL DIrA77tIGT OF TALltI It1dA.ClfC COUNT' G~OI~t'I'IiACT i10K1~N -81.8CI'l3,IGAL BAKED CIN TAPPMC3 EXISTIT•1G CONWIT AND'W'Ili[NG• -NOT RESPONS®LH PaR pltYr-EXI3TIId(3 ~~p~ -N'O DRAF7'ING,1:NCrDVEERIN(} OR $8$MIT DRAWIN(15 IIV'CLUDED PAYMENT' 7 EItMS: T'[fItCHA58 Okbl?R THANK YOU FOIL T?fE OPPp~RT[lNYTY T'O BI; OIa SERVICE. PLEA5E CALL WITH ANY QI:II±STIQN9 YpU MAY 'TRULY YOURS, IAMT3,S DEL, CARPip e oo~trsat 6e~~..e ~e ~~ ~PWd by Qu a+parta.r. aed eo~mt ~. tho .ud~arlx~0 rrpaive oP QLASCIOW FiQ(7iP1~T 9~.1/tC.~ IIJC., vrill eewtiwD~ tu++ment.. ~ ~t'+ wt~j.ot w .11 iea. an4 orinditias on tA.,~uerae ~ otaM fud gakw.,~cn At oo~aa. T~ xa ouxady.~e tit were are no p-am+e.s. ~etaasdiaQ, or•1 ar wrrcta,, nac •p.atf~ad m thir q~wntion, Culfmo.~ Au~ierii•d ~~ Nams ~ ~ aF.i~r fk+. -~., re..~ ...•.._.~. ua.f... fun A~;s~ ~• Nrur! title OI'aieaa Drta Z6 3Ddd 1N3Ndifil~ t+i~-El Z6bLLb6t9S 55 =86 cOAZ/ezft0 Quo raTlnN No, D-agob QUQTATION ~ CONTRACT For Irntallation or aervke DATE' Jtntrs~y 23, 2oa~ PACi$;_I~OP`1_ c>J~scow .EQxrr~~Errr s~nvrc~E, rrrc. P.O. H4~C 10467 Rl~'I.F3tA 'P11E;,AGN. FLpA1pA 3419-008' F'F{aNE (3fi 11842.7236 ~ FAX (Sbl) $42-7402 CITY OF DEI,RAY BEACH 434 !~. &WtNTbN AVENUE DEI,RAY BEACH, FL 3344.4 ATTN: K8V1N' ALJ~i,t, F2E: NEW d13PENSER8 RV RF~Pti~IB& TU YCl(7R 11dQLTDR'l'', VINE yt1BIvQT iT~ FnLwprnfG QUO'1'ATI~T. PILUViDE LAAOX, P.QUIPMBNT AND MA'I'~RYAL3 TQ R&PI.ACIr FUEL, nIgPENSE1tS A9 FOLLOWS: • I.OC~COUT r TAGOUT LG6CTRICAL sOURC~ TO FC18L, gYBTEM. • DISCONNBCI' lrI.ECTTOCAl., Itp,MOVB DISPETIS~,g A,TI'D i]R.AIN AND CAP IN'I'BRNAL Y1pING PRlCIR TO TRANSP41tT~UI9P06AL • REMOVE AND DISPO$~ D>t 1r7CI5TINCr H09B R~TRAG~'pRS. • FURNISH AND M'STAI,L T}1REE NEW CYIL11AliC0 LEGACY .ICAA00 MEGTiAN1CAl. DlgTEN'9,E~iS WITH STAINLESS STEEL PJ-N'E[,S AND PULSE~RS. • FUIWISH AND INSTALL TWO I~IIVY-13L1'I'Y HiCiH FTOST R.ETA.ACTORS ON EACH DISPEN5F.It. • FURNISH AhID IN'S'IAL,L TWD IZ' H'pSES, BREAKADiF~1YS ANbN(1,ZZI,~ WITH AI17'p SHUTOFF CAPAeII,ITLEB ON EACI~1 DISAF;NSER • CONNECT DI5pIrhfS6R5 TO EXiSTIN'd 1?U6LMA5TER $Y'STEM. • PPltPORM LLN6 'I'85TQ+lC}, MSPIiCT110N8 At~b STARTUP. TO'PAL BYD PRICE: S 21~26.p(1 -PRICE VA.L,ID FOR 301aAYS -PRlCEB TiABED ONT SCI1iDaI, DI5I7i1CT OF PAL14t BEACH G~OVNZ'Y COIVTAAC't 1l~C-o09N •SLP,CTRYCAL BASED ON' TAPr'D!G 8?(t3TWCi CONI~lIT AND WIA1Nti -NU'f' RESPONSII9LE POA PRE->D091'ING CONDITIONS -NO bItAPTING, ENC}JNI~It11000R PERMIrtNIAWiNaS INCLUABb PAYMRNr TERMS: WIRCHAS6 OILDRIt, 'rHAh'K'YOU FOR THE OP'POIt7~ITy TO BE OF S$IiVICE. PLEASE CALL WITH ANY QUESTIONS YOU MxX J{AVE TRULY YC+UIIS. LABS DEL CARPIO ACC'F.P'I'ANCE: Titlr guotatim wlas aowprW by tF,e aitlana, .nd oamt.r.;~od by rh. •q~lfosin~Q • boo• Fide caeeeot bN~WCta ffi• tt~rottgtati~a of C3I.A9CiOW EQLIIpA~NT ~RVIC$. WC., will • Pvaes. sit to al; itCrgt tad oamdiarms ~ the rewra title of dse >Aul gtl0t6tiaq ~ oa~aat, Ii it e~Y •Beod that these sro sp ~omiaa, ~roM~teau, oe um.rrlwadi~. m1 ae avrltta~ eat tpocifi•a in tlia quo~aoe_ t AaAhari:•4 ~i8rrtnre . I4aeM k Tak Of tti~ Amha,m•q None A 'r~• Af.i~r Dw E8 3Jttd 1tJ3~IdT(103 NiDJ6E-7J 7G1f~~ 7bOTOr. rr •r.n .,...-. ,.... ,-- AGENDA ITEM NUMBER: u `' ~ 1~ ` AGENDA REQUEST Request to be placed on: May 15, 2007 Date: May 08, 2007 XX Consent Agenda Speaal Agenda Workshop Agenda Description of agenda item: City Commission is requested to approve purchase of four (4) replacemeirt fuel dispensers, three (3) for the Public Works fuel site and one (1) for the Police Departmern fuel site in the amount of $20,979.00 from Delta Petroleum & Industrial, Inc., complete with fueling hoses, nozzles, P~~, P~~ re-PiP~, ~g testing and cahbration per quotation number #07-0063 and #070064, dated Apri103, 2007. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Staff recommends purchase of four (4) fuel dispensers from Delta Petroleum 8c Indushial, Inc., in the amount of $20,979.00. Funding from account code: #501-3311-591-64.90, City Garage Fund, Machinery and Other Equipment Department Head Sgnature: Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review {required on all items involving expenditure of funds): Funding available: Yes ~~"'v No Funding alternatives: AcCOUnt Number: Account Description: Acxount Balance: (if applicable) 57~/ - 33/ / - S~/ ~ ~ y- ~U ~~9~00 . City Manager Rev~w: Approved for agenda Hold Until: Agenda Coordinator Review: Received: -~'~ No Action: Approved Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: VICTOR MAJTENYI, DEPUTY DIRECTOR OF PUBLIC UTILITIE THROUGH: CITY MANAGER DATE: May 8, 2007 SUBJECT: AGENDA ITEM # ~ • ~ ~ ~ -REGULAR MEETING OF MA' HAULING/DISPOSAL OF LIME SLUDGE FROM THE WATER TREATMENT PLANT PURCHASE AWARD; DEVLAND SITE DEVELOPMENT, INC. ITEM BEFORE COMMISSION An award to Devland Site Development, Inc. in the amount of $98,000.00 for hauling and reusing the lime sludge from the Water Treatment Plant. The Solid Waste Authority has discontinued their Lime Recalcination Program as of Apri12007. The lime sludge generated through the water treatment process will be treated as any other form of special waste with a tipping charge for disposal at $65.00 per ton, or approximately $1,430 per truck load. Devland Site Development, Inc. will haul the sludge material from the water treatment plant and appropriately reuse it in future construction development for $180.00 per truck load. BACKGROUND Since January 2001, the City has had an agreement with the Solid Waste Authority (SWA) for dumping lime sludge generated from the Water Treatment Plant to their waste facility as part of the Lime Recalcination Program. The program has provided the City the opportunity of dumping lime sludge at no cost. The SWA has chosen to discontinue the Recalcination program and in February 2007 notified the City of its intent to charge $65.00 per ton on waste dumped at their facility, effective April 1, 2007 (excluding hauling costs); the waste is considered Class A- Special Waste. The City currently generates two to three truck loads of lime sludge per day at 22 cubic yards per truck load; monthly cost could potentially be as high as high as $42,900, just for dumping. Staff had requested, and was granted, amid-year budget adjustment of $300,000 to offset this cost for the remainder of the fiscal year. Recognizing the cost impact, staff initiated the excavation and disposal of the lime sludge from the lagoon to increase the City's emergency stockpiling capacity; the capacity of the lagoon is approximately 75 truck loads. In March, staff was successful in organizing the removal and disposal of the sludge material from the lagoon through a current contract with Hardrives of Delray. This was accomplished prior to the rate increase. For the routine daily hauling and disposal, staff inquired with vendors having previous history with the City; Hardrives of Dekay; Almazon Brothers, Inc.; and Eastman Aggregates, Inc. Not having a need for the material, all vendors declined, however, offered to haul the material at previously approved rates of $110 to $115 per load to the SWA ($55/hr at 2 hr round trip, minimum). Devland Site Development, Inc. has no work history with the City, but was contacted via a referral. They have offered to haul the lime sludge material from the Water Treatment Plant (WTP) to their designated stockpiling site at a cost of $180.00 per truck load, to be appropriately used in future construction development. Utilizing one of the existing contracts for hauling plus tipping fees would cost the City $1,545 (22 ton truck at $65/ton, plus $115/haul). With Devland, the cost is $180.00 per truck, hauled and appropriately reused at their discretion. Realizing the huge cost savings opportunity and the emergency nature of having limited stockpiling capacity at the WTP site, staff authorized Devland Site Development, Inc. for hauling and reusing the lime sludge material. Since Apri12007, they have hauled away 81 loads. Anticipated costs through the end of the fiscal year would be approximately $98,000 (3 truck loads at $180/load, 30 days, 6 months). FUNDING SOURCE Funding is proposed from account #441-5122-536-34.90, Water and Sewer Fund/ Other Contractual Services in the total amount of $98,000.00. RECOMMENDATION Staff recommends award to Devland Site Development, Inc. in the anticipated total amount of $98,000.00 for the hauling and stockpiling of lime sludge for their future use in land development, based on their quoted rate of $180 per truck load. Agnd Memo Devland Site Dev 05.15.07.doc 9/4/2007 10:26 AM FROM: Fax Devland Site Development TO: 293-7316 PAGE: 002 OF 002 Devland Site Development, Inc. 1302 Wingfield Street Lake Worth., Florida 33460 PROPOSAL TO: City of Delray Beach Water Dept, / Attn: John Phone: (561)58.5-6370 Faa: (561) 7.32-0106 Hate: oa~o4io7 Project: Sludge Removal The following proposal is submitted for your review aad acceptance and consists of A.) REMOVAL AND DISPOSAL OF SLUDGE MATERIAL (~ $180.00 PER LOAD W/ ONE YEAR RENEWAL OPTION. (Not to exceed $200.00 per load ~ on disposal location) B.) EQUIPMENT USEAGE /LOADER W/OPERATOR (cry $85.00 PER HOUR PROPOSAL TOTAL: AS INDICATED ABOVE. Note: Our company owns an extensive list of equipment, if you are i in a price quote for other machinery, please co~rtact our office. Submitted by: eli~f~ ~Gt/l~~t Carl Deveaux Vice-President Accepted by: rty of Delray Beach Representative _1 ~. Telephone 793-1712 Fax 561 793-2822 ~TK~-OIIN M~tPIr1i1H~1~oh q..?3i'N P~s~posnl DATE MAY 13, 2004 TO: CITY OF DELRAY ATl'N: CLIVE GRANT Page 1 of 1 Subj.: DELRAY WATER PLANT Atmaran Esros. is pleased to goats a ~ ~riae on the foUoMring specficslly described Scopes of v+rorlc. TRUCK RENTAL TO HAUL DRY St_~JDGE FROM: CI tY OF DELRAY WATER PLANT TO: SOLID WASTE AUTHORITY Al ~ 43T" STREET AT X45.00 PER HOUR FOR TANDEM OR TRI-AXLE TRUCK RENTAL PLUS 1 HOUR TRAVEL TIME Did: do npt include face for tumpikc= or department of tranepoctarEion,fine due b over loading tn,cks. Payment due upon cx repletion of job. ~MAZAN BROTHERS, INC. C~--~., Rey~tma:ran Please sign and return if acoeptana3 of propo~l Date s- ~ ~ ' ° y SIGNiTURE Z r~__~.~~- . ~ ` PRINT NAME AND POSITION `~ ~ ~' ^' ~ ~ '~ `~ `~ ~ 'g ~ ~ a~(-~4~~'?3t~ ~ ~, ~~ ~P o s- ~ ~- o ~ ~m~ ~_ 3o Ati iiis9y Eastna~an Aggregates, Inc. 3705 BELLEVUE AVENUE LAKE WORTH', FL 33461 PHONi/: (S61) 969-7147 FA.7t: (561) 434-3477 MAY 13, 2004 CITX~ OF DELRAY BEACH ATTENTION: OLIVE YIA FAX; (561) 243-7316 „~,~, -i DELRAY BEACH 1. HAUL ONLY SLUI~CiE MATERIAL FROM DF,I.RAY BEACH TO dSST S.W.A Price: $5.85/CY 2. HOURLY TRUCK 6 HOUR P~~ 845.OOIH,__O~i~ "EASTMAN IS NOT RESPONSIBLE FOR DISPOSAL FEE" *~"~*****PRICE VALID FOR 34 DAYS FROM ABQVE DATE************* ALTERNA.'1'ES, & E1~CLUSIQNS: ;. A. All permits, test and other charges to be prnvided by owner if required. B. Payment schedule to be Net 30 Days (nniess otherwise specified in this proposal). C. Upon bold parties signing this Proposal it becomes a contract` D. Eastman Aggregate is sot responsible for any unforeseea circumstaaces upon scope of work or site. E. Price hued on iiaformotion obtaip~ed from CLIME F. Price quoted above is contingent upon the availability of matcr~,a! and or equipment, A8 work done with ttte uadentanding that tk~e customer is fnNy responaiWc for verifying that aq labor, materials, quantities, equipment time and aB other work preformed meets the requiurements of the job stated above. Upon customer satisfaction. customer andlor his authorized person (a) Mrill acknowledge by signing the work ticlceta for all work pret'ormcd or furais4ed. Upop~ signing of the tickets the customer is fully liable for all work stated on tielcets. AI! agreements contingent upon atrikcs, act.Ideuts or delays beyond our control. In the evegt it becomes necessary for Eastman Aggre~tea, Inc. to emgage ie the services o! an attorney to cogect say Bums dne under this contract, the customter wi{t par for reasonable attorneys fee and all other costa resulting in making :nch collection. Eastman Aggr+egat~es, Inc. Bernard Eastman President Ctutooner NaAae: Sigiaature: ' Pri+ated Name: Title: Agenda Item No.: O ~ f ~ v AGENDA REQUEST Request to be placed on: DATE: May 8, 2007 X Regular Agenda Special Agenda Workshop Agenda When: May 15, 2007 Description of item (who, what, where, how much): An award to Devland Site Development, Inc. in the amount of $98,000.00 for hauling and using the lime sludge from the Water Treatment Plant. T e Solid Waste Authority has discontinued their Lime Recalcination Program„,sr-d ~s of April 2007x ~7tle lime sludge generated through the water treatment process will be treated as any other form of special waste with a tipping charge for disposal at $65.00 per ton, or approximately $1,430 per truck load. Devland Site Development will haul away and reuse the lime sludge material from the water treatment plant for $180.00 per truck load. Funding is proposed from account #441-5122-536-34.90, Water and Sewer Fund/ Other Contractual Services in the total amount of $98,000.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award to Devland Site Development, Inc. in the anticipated total amount of $98,000.00 for the hauling and stockpiling of lime sludge for their future use in land development, based on their quoted ~ Departn Signatu Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available /N~ Funding alternative (if applicable) Account No. & Description See above t/ - Sl2 7 -S 3~ , 3~1 " Account Balance See above ~3.~ 1"787-- City Manager Review: ,~j~ Approved for agenda: jYESrINO Hold Until: ~ Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved C'~~r~~~ ~Z~ Agnd req Devland Site Dev 05.17.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: VICTOR MAJTENYI, DEPUTY DIRECTOR OF PUBLIC UTILITIES THROUGH: CITY MANAGER/~ 1 DATE: May 8, 2007 SUBJECT: ~~ NEW TRAILER MOUNTED HYDRAULIC VALVE EXERCISER FOR WATER/SEWER NETWORK DIVISION PURCHASE AWARD; E.H.WACHS COMPANY ITEM BEFORE COMMISSION An award to E.H. Wachs Company in the amount of $39,500.00 for the purchase of a new trailer mounted hydraulic valve exerciser for the Water /Sewer Network Division of the Public Utilities Department. Having valves in working condition on water mains is critical in managing main breaks and in managing water quality through appropriate flows. This equipment purchase is essential to the valve exercising program in ensuring that valves aze in proper working condition. Valve exercising will also aid in addressing low chlorine residuals values in areas of the City by identifying valves that may be closed. BACKGROUND In years prior, budget constraints and an increased work load due to expansive private development, the division has had an extremely difficult time in maintaining the valve exercising program. The current apparatus used for valve exercising is a hydraulic handheld unit. Depending on the age and condition of an existing valve, two or more people may be required to exercise a particulaz valve. The valve exerciser under consideration is a fully automated hydraulic unit designed to be operated by one person. The TM-7, VITALS Ready (Value Information Tracking And Logging System}, hydraulic drive Valve Exerciser is a trailer mounted valve exerciser with microprocessor control. It has a 1,500 ft-lb electronically controlled torque capacity, electronic direction control, electronic revolution counter, pressure gauge, and a software program for capturing critical valve information such as valve location (GPS longitude and latitude), valve ID, highest torque, number of turns, valve position, and date and time last exercised. The unit will automatically provide the minimum amount of torque required to open a valve, count the number of rotations (for future use), exercise the valve to restore performance, and document and report all such activities. The trailer mounted unit can be towed by a'/. ton pick-up, can be easily centered over a valve with the 180 degree swivel mechanism, and has a 200 gallon spoils tank when cleaning out valve boxes is required. With this unit, a two man crew can be dedicated to the exercising program; one on the exerciser and another downstream verifying flow. With a fully automated unit, risk of injuries is minimized. The cost for a new trailer mounted TM-7 unit is $52,151.27. E.H. Wachs Company will discount a demonstration model and provide it to the City at a cost of $39,500.00. All warranties apply on the demo model as if purchased new. The life cycle of the unit is 10 years. Proposed in Water Distribution for fiscal year 2007-2008, is a new Crew Leader II position for leading a crew of three for exercising valves throughout the City with a hydraulic handheld unit. The position will cost the City $48,213.32 (B-08, starting at $32,620 plus benefits}. The Wachs TM-7 will allow the program to proceed and function with a two man crew versus a three man crew, whereby eliminating the need for the Crew Leader II position from the proposed budget. The crew leader position for the team will be sought from within the department as a position upgrade via internal job posting. FUNDING SOURCE Funding is proposed from account #441-5161-536-64.90, Water and Sewer Fund/ Other Machinery and Equipment in the total amount of $39,500.00. RECOMMENDATION Staff recommends award to E.H. Wachs Company in the amount of $39,500.00 for the purchase of a new TM-7, VITALS Ready, Hydraulic Valve Exerciser to the Water Distribution Division of Public Utilities. C:\Documents and Settings\smithdU.ocal Settings\Temporary Internet Files\OLK662\Agnd Memo Wachs Valve Exercc Rl OS 15 07.doc E.H. WACHS COMPANY Quotation SINCE 1883 Page 1 of 2 T0: Scott Solomon Date: 4/10/2007 City of DeIRAY Beach Water & Sewer Quotation Number: D516290 434 S. Swinton Ave. Payment Terms: Net 30 Days Del Ray Beach, FL 33444 Shipping Terms: Valid Through: 6/9/2007 Estimated Delivery: E.H. Wachs is pleased to offer the following quotation. !1!!!!!!! DEMO SWIVEL TM-7 AND UTILITY VAC SEE BELOW !!I!!!!! Item Number Description Qty U/M Price Line Total 1 77-000-16 Wachs Swivel Valve Maintenance System 1 EA $39,500.00 $39,500.00 !!!!! DEMO SWIVEL TM-7 WITH UTILITY VAC SEE BELOW 1!!1!11!!!!! 2 17-000-02 Standard duty hydraulic drive WAVE TMl7 VITALS'"-Ready Trailer Mounted 1 EA $0.00 $0.00 Valve Exerciser with Microprocessor Control. 1,500 ft. lb. torque system with electronic torque and direction control, electronic revolution counter, integral auxiliary hydraulic circuit, pressure gauge, 8' long valve key with 2" universal socket, and operatinglinstallation manual. Data transfer capability requires purchase of part # 17-413-00 (VITALSTM Data Transfer Package). 3 17-401-00 Hydraulic Cooler, required to add Class 2 Circuit. 1 EA $0.00 $0.00 4 17-402-00 15 HP Gas Engine Hydraulic Power Supply (for standard duty drive only). 1 EA $0.00 $0.00 5 17-412-00 Heavy duty hose reel for remote operation of accessory hydraulic tools. 1 EA $0.00 $0.00 Hose reel is auto retract and includes 45 ft. 1/2". High pressure 2000 P51 hose with stop toiler diminsions are 25" High 15" wide and 26 1 /2" long. 6 17-078-00 Adapter, Drive 1 EA $0.00 $0.00 7 17-074-04 3-1/2'Low Clearance Valve Key. 1 EA $0.00 $0.00 8 17-074-06 5-1/2'Low Clearance Valve Key. 1 EA $0.00 $0.00 9 17-074-08 7-1/2'Low Clearance Valve Key. 1 EA $0.00 $0.00 10 77-402-02 200 gallon spoils tank for Utility and Swivel vacuum systems. Complete 1 EA $0.00 $0.00 with pushbutton hydraulic slide dump and pushbutton hydraulic door latch. Full open door. Includes 20' suction hose and standard Wand. 11 77-405-27 27 HP Gasoline Powerpack for Swivel vac. 27 HP Kohler over-head cam 1 EA $0.00 $0.00 air-cooled gas engine with 500 CFM-11" Hg positive displacement blower, tach/hourmeter, silencer, washable filter, 6 gallon gas tank, clutch driven pressure washer outputting 2.5 gpm C~ 3000 psi, 5 gallon anti-freeze tank, 110 gallon water tank, and 3" x 20' vacuum hose mounted on a 5' x 10' Swivel Vac trailer with electric brakes. 12 77-404-01 Pintle Assembly for Wachs Utility trailers. 1 EA $0.00 $0.00 13 68-405-23 1.25" x 6-1/2' Stl. Wand for 3" Hose 1 EA $0.00 $0.00 Technologies for Pipes and Yalves 600 Knightsbridge Pkwy. Lincolnshire, IL 60069 ~ 800.323.8185 P: +1.537.8800 F: +1.847.520.1147 ~ www.wachsco.com i E.H. WACHS COMPANY SINCE 1883 T0: Scott Solomon Quotation Page 2 of 2 Date: 4/10/2007 Quotation Number: D516290 Item Number Description Qty U/M Price Line Total 14 17-409-00 VITALS'" valve performance analysis software for Windows. A Desktop 1 EA $0.00 $0.00 Interactive Valve Management Program for capturing critical valve information to a User Friendly, Windows Based Database. Easily upload/download valve information to/from the Vitals data logger/ controller. 15 77-406.00 Wash Down Wand 1 EA $0.00 $0.00 Quote Total $39,500.00 Thank you for the opportunity to quote your application needs. If you have any questions or if I may be of any further assistance to you please do not hesitate to notify me. (SALES TAX!!!!) We collect sales tax in the following states: IL,TX,CA,NJ,WA, AR, IA, IN, KS, KY, MI, MN, NC, ND, NE, NV, OH, OK,RI, SD, TN, VT, UT, WV, WY. If you are tax exempt please supply your identification number and certificate with your order. If your exempt number is not on file, tax will be added to your order. David Schoer Technical Sales Representative 847-484-2601 dschoerC~wachsco. com Techrwlogies for Pipes and Valves 600 Knightsbridge Pkwy. Lincolnshire, IL 60069 ~ 800.323.8185 P: +1.537.8800 F: +1.847.520.1147 ~ www.wachsco.com T0: Scott City o 434 S E.H. WACHS COMPANY SINCE 1883 Solomon f DeIRAY Beach Water ft Sewer . Swinton Ave. Del Ray Beach, FL 33444 E.H. Wachs is pleased to offer the following quotation. Item Number Description QllOt8tI0t1 Page 1 of 2 Date: 4/10/2007 Quotation Number: D516288 Payment Terms: Net 30 Days Shipping Terms: FOB Lincolnshire Valid Through: 6/9/2007 Estimated Delivery: Qty U/M Price Line Total 1 77-000-16 Wachs Swivel Valve Maintenance System 1 EA $0.00 $0.00 2 17-000-02 Standard duty hydraulic drive WAVE TM/7 VITALS'"-Ready Trailer Mounted 1 EA $13,995.00 $13,995.00 Valve Exerciser with Microprocessor Control. 1,500 ft. lb. torque system with electronic torque and direction control, electronic revolution counter, integral auxiliary hydraulic circuit, pressure gauge, 8' long valve key with 2" universal socket, and operating/installation manual. Data transfer capability requires purchase of part # 17-413-00 (VITALSTM Data Transfer Package). 3 17-401-00 Hydraulic Cooler, required to add Class 2 Circuit. 1 EA $1,195.00 $1,195.00 4 17-402-00 15 HP Gas Engine Hydraulic Power Supply (for standard duty drive only). 1 EA $3,595.00 $3,595.00 5 17-412-00 Heavy duty hose reel for remote operation of accessory hydraulic tools. 1 EA $1,895.00 $1,895.00 Hose reel is auto retract and includes 45 ft. 1/2". High pressure 2000 PSI hose with stop toiler diminsions are 25" High 15" wide and 26 1 /2" long. 6 17-078-00 Adapter, Drive 1 EA $107.00 $107.00 7 17.074-04 3-1/2'Low Clearance Valve Key. 1 EA $259.52 $259.52 8 17-074-06 5-1/2'Low Clearance Valve Key. 1 EA $290.24 $290.24 9 17-074-08 7-1/2'Low Clearance Valve Key. 1 EA $325.51 $325.51 10 77-402.02 200 gallon spoils tank for Utility and Swivel vacuum systems. Complete 1 EA $4,500.00 $4,500.00 with pushbutton hydraulic slide dump and pushbutton hydraulic door latch. Full open door. Includes 20' suction hose and standard Wand. 11 77-405-27 27 HP Gasoline Powerpack for Swivel vac. 27 HP Kohler over-head cam 1 EA $22,000.00 $22,000.00 air-cooled gas engine with 500 CFM-11" Hg positive displacement blower, tach/hourmeter, silencer, washable filter, 6 gallon gas tank, clutch driven pressure washer outputting 2.5 gpm @ 3000 psi, 5 gallon anti-freeze tank, 110 gallon water tank, and 3" x 20' vacuum hose mounted on a 5' x 10' Swivel Vac trailer with electric brakes. 12 77-401-01 Add yellow strobe light to any Utility or Swivel Vacuum System. 1 EA $200.00 $200.00 13 77-404-01 Pintle Assembly for Wachs Utility trailers. 1 EA $150.00 $150.00 14 77-406-00 Wash Down Wand 1 EA $0.00 $0.00 15 68-405-23 1.25" x 6-1 /2' Stl. Wand for 3" Hose 1 EA $190.00 $190.00 Technologies for Pipes and Valves 600 Knightsbridge Pkwy. Lincolnshire, IL 60069 (800.323.8185 P: +1.537.8800 f: +1.847.520.1147 ~ www.wachsco.com - E.H. WACHS COMPANY SINCE 1883 T0: Scott Solomon Quotation Page 2 of 2 Date: 4/10/2007 Quotation Number: DS16288 Item Number Description Qty U/M Price Line Total 16 68-409-03 Wand, 3" Emulsifier 1 EA $500.00 $500.00 17 17-409-00 VITALS'" valve performance analysis software for Windows. A Desktop 1 EA $499.00 $499.00 Interactive Valve Management Program for capturing critical valve information to a User Friendly, Windows Based Database. Easily upload/download valve information to/from the Vitals data logger/ controller. Subtotal $49,701.27 Shipping & Handling $2,450.00 Quote Total $52,151.27 Thank you for the opportunity to quote your application needs. If you have any questions or if I may be of any further assistance to you please do not hesitate to notify me. (SALES TAX!!!!) We collect sales tax in the following states: IL,TX,CA,NJ,WA, AR, IA, IN, KS, KY, MI, MN, NC, ND, NE, NV, OH, OK,RI, SD, TN, VT, UT, WV, WY. If you are tax exempt please supply your identification number and certificate with your order. If your exempt number is not on file, tax will be added to your order. David Schoer Technical Sales Representative 847-484-2601 dschoerC~wachsco. com Technologies for Pipes and Valves 600 Knightsbridge Pkwy. Lincolnshire, IL 60069 ~ 800.323.8185 P: +1.537.8800 F: +1.847.520.1147 ~ www.wachsco.com j ~ v~ t n n~~ ~t~n .. .- °' ,,~„r•• ., _ ..- . ,:. Built to meet YOUR NEED CUSTOM TRAILER OR TRUCK MOUNT '~ ~ • Center over valves easily G • 200 gallon side dump spoils tank ,` j • Operate all valves from 6" - 60" Jj • Wafer jet system • Automated controller • Storage compartments • Operate other hydraulic tools from integrated hydraulic tool circuit • Turn all valves safely and easily....for emergency or routine maintenance Operates all valves from 6"-60"with TM-7 Valve Operator. ~:, ~., ~ , ~ ~ a `.` ~~W~ 110 gallon water tank. 12" of forward spoils tank travel combined with a 60° dump angle makes dumping easy. Wand, valve key and hose storage compartments. Operator friendly control panel. Optional water jet system assists the vacuum system when pertorming light excavation. TANK OPTIONS • 200 gallon spoils tank with push button hydraulic dump and push button hydraulic door latch • 200 gallon spoils tank with push button hydraulic dump POWERPACK • 20 HP gasoline powerpack for swivel vac. 20 HP Kohler over-head cam air-cooled gas engine OPTIONS with 500 CFM-11 " Hg positive displacement blower, tach/hour meter, silencer, washable filter, 6 gallon gas tank, and 3" x 20' vacuum hose mounted on a 7.5' x 14' swivel vac trailer with electric brakes. • 27 HP gasoline powerpack for swivel vac. 27 HP Kohler over-head cam air-cooled gas engine with 500 CFM-11" Hg positive displacement blower, tach/hourmeter, silencer, washable filter, 6 gallon gas tank, clutch driven pressure washer outputting 2.5 gpm C+?? 3000 psi, 5 gallon anti-freeze tank, 110 gallon water tank, and 3" x 20' vacuum hose mounted on a 7.5' x 14' Swivel Vac trailer with electric brakes. HITCH OPTIONS • Pintle assembly for Wachs trailers • Ball assembly for Wachs trailers OPTIONS • Dump tray assembly • Strobe light • Integrated hydraulic tool circuit hose reel assembly • Truck bed mount option TM-7 OPTIONS 17-000-01 standard duty -manual control 17-000-02 standard duty -microprocessor control 17-000-03 heavy duty -manual control 17-000-04 heavy duty -microprocessor control 17-000-05 TM-7 DT standard duty (data collection controller, data capture, data transfer) E.H. Wachs Company 100 Shepard St. Wheeling, IL 60090 • Phone: 847.537.8800 Fax: 847.520.1147 ~~ ~Y C wachsco.com wachswater.com *''~- ~ Inc. ~ X11 Agenda Item No. ~ • ~ • 3 AGENDA REQUEST Request to be placed on: --X--Regular Agenda Special Agenda Workshop Agenda Date Mav 8, 2007 When: Mav 15, 2007 Description of item (who, what, where, how much): Approve an award to E.H. Wachs Company in the amount of $39,500.00 for the purchase of a Trailer Mounted Hydraulic Valve Exerciser. Having valves in working condition on water mains is critical in managing main breaks and in managing water quality through appropriate flows. This equipment purchase is essential to the valve exercising program in ensuring that valves are in proper working condition. Valve exercising will also aid in addressing low chlorine residuals values in areas of the City by identifying valves that may be closed. Funding is available from Account 44~ S~6't 536-64.90, Water and Sewer Fund/ Other Machinery and Equipment, ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends an award to F~`~Nachs Company in the mounted hydraulic valve exerc~ er. J ~ n Department head signature:_ Determination of Consistency with Comprehensive Pla City Attorney Review/Recommendation if applicable): -~ irl Budget Director Review (re on all items involving expepdjture of funds): Funding available YES/ fsee above) G~ Funding alternativ pplicable): h~~ Account No. & Description ~ ~ly~ -s[~ ~ -53~.(~~- a L tuf Account Balance ~ ~~3~ ~ ~ 3 _ _ _ _ _ City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: _ Action: /NO Approved/Disapproved of $39,500.00 for purchase of a trailer 11Essrv0011beatty$\Water Sewer NetworklAgenda Req Wachs Valve Exerc. 05.17.07.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Kerry K n ire Chief THROUGH: City Manager DATE: May 11, 2007 SUBJECT: I. R.'i . Request to Purchase a Special Events Response Vehicle (BERN) w/ Advanced Life Support Capabilities ITEM BEFORE COMMISSION This item is being presented to Commission to authorize staff to purchase a Special Events Response Vehicle (SERV) with Advanced Life Support capabilities from M&W Distributing, Inc. (sole source vendor) in the amount of $21,597.00. BACKGROUND The City of Delray Beach was awarded anon-matching reimbursable grant from PBC Emergency Medical Services in the amount of $42,001.30 in April 2006. The grant was awarded for the purchase of one additional Special Events Response Vehicle (SERV) with Advanced Life Support (ALS) with an approved budget of $19,597.00 and a Zoll E Series Defibrillator/Monitor with an approved budget of $22,404.30. Staff has located a specialty vendor M&W Distributing, Inc. in Ellsworth, Kansas and they are the maker of E-Marv line of ambulance attachments. Since the SERV unit has to be constructed to Fire Rescue's specifications, M&W was selected as a sole source vendor to assemble the unit in their facility. I have attached a copy of the sole source justification letter from M&W Distributing, Inc. for your review and as supporting documentation to satisfy Purchasing Policies and Procedures. A quote was received from M&W Distributing in the amount of $21,597.00 which includes the Kubota SERV unit with hydraulic bed lift, an aluminum flat bed and a 22" side open box. Since the grant for the SERV unit was approved for $19,597.00, an additional $2,000.00 will be funded by Fire Rescue. Once the SERV unit is purchased, Finance will prepare the necessary grant reimbursement request documents to PBC EMS to receive reimbursement in the amount of $19,597.00. FUNDING SOURCE Funding is available in expenditure Account #001-2315-526-64.90. RECOMMENDATION Staff recommends the sole source purchase to be awarded to M&W Distributing, Inc. in the amount $21,597.00 Apr 16 07 11:18a . Kerry Woods M & W DISTRIBUTING INC P.O. BOX 209 ELLSWOATH, KS 67439 USA Quoted to: DELRAY BEACH FIRE-RESCUE DEPT 501 WEST ATLANTIC AVE DELRAY BEACH, FL 33999 785-472-4113 p.3 ~~~ Quotation ~~ Quote Number: 120 Quote Date: Apr 12, 2007 Page: 1 Customer ID - - -- ---_... _ _._ _ Good Thru 'i Payment Terms -- --_ _ .._. _ _ ... --- -- --_ _ ___ 1 Sales Rep 1 --- ---. 33499 7!12107 DESCRIBED BELOW - -' --- --~ Quantity 1 Itern Description Unit Price Extension 1.00 UBOTF, WITH HYDRAULIC BED LIFT 11,800.0 11,800.0 1. OO~ JE RL BED LUI9INUM ,LAT BED 1, 605.00 1, 605.00 1.00~ JE 22" FsOX 2" SIDE OPEN BOX 1,246.00 1,246.00 1.00 E COT ADP.P TRETCHER MOUNT' WITH EXTENSIOC•I 802.00 802.00 OR PLA^ BED 1.OD E ATT SEAT TTENDANT SEAT WITH STORAGE 949.00 999.DOI OMPARTMENT 1.DD E CANOPY ANOPY 2,9''5.00 2, 475. DO 1 . ~0D E DF BGX FART MONITOR EO}{ 9 95. DO 495. OO 1.OD E REAR STEP EAR STEP MOUN?' 225.00 225.00; 1.00 HIPPING (APPROXIMATE) 2,000.00 ` 2,000.00 0~ DOWN IS REQUIRED AT DIME OF RDER WITH A ~IALID PURCHASE ORDER. EIAP.INDER IS DUE ON RECEIP^_ ALL KERRY ~~OOCS @ 785-472-3663 r F YOU HA'JE QUESTIONS Subtotal) zl,sy~.ou i Sales Tax I j Freight Total ` 21,597.00 M & W Dist. INC. Price Sheet for the E-Muvr Line of attachments: Date 1-20-06 LIST ~ Flat Bed $1605.00 .~ 22" tall box to accommodate supply bags: $1246.00 8" Utility Box with 2 Drawers $ 830.00 Backboard Carrier $2210.00 ~r Stretcher Mount with extension for Flat Bed:(End user will provide mounting brackets to fit the stretcher mount) $ 802.00 ~~~ Attendant Bench Seat $ 490.00 ~.~ .? 5 ? Attendant Seat with Storage Compartment $ 949.00 ~ Srokes Basket Mounting $ 910.00 ~h Canopy: (includes handhold and mounting for Backboard-Screen Printing extra) $2475.00 Heart Monitor Box: $ 495.00 Rear Step: $ 225.00 Quick Attach Kit: (4 break over latches per Kit) $ ~ 49.00 Once you have the flat bed mounted, any of the attachments listed above will mount to the flat bed quickly. This quote is good for 90 days from the date of issue. If you have any questions please do not hesitate to give me a call. 30% down is requested at the time of order with a valid Purchase-Order number. Thank you for this opportunity and we look forward to working with you in the near future. Sincerely, Kerry Woods M & W Dist. INC. 785-472-3683 -Muvr ~+IT1l~~F~T~ ERI~ERGEh11=Y f~IULTI UTILITY VE~fICI.E ~tES(~~t'~~E The E-Muvr Ambulance Package was designed from the ground up as a complete emergency transport solution. Equipment storage, attendant seating, and sun shade are just some of the options we built in to this product. Click Here for a high res. image. Page 1 of 2 All components are constructed out of high strength steel, stainless steel, and aluminum for weight savings, durability, and long life. Every piece has been designed to work together for a quality fit, finish, and function. Click Here for a high res. image. Bench seat offers storage underneath and a Large bin box has plenty comfortable place for an of room for bags and Canopy consists of a welded steel frame with a iJV u--- ~~------- - ------- - - , , ....- - - - Defibrilator box protects Overhead backboard Full size stretcher cot Step enables easy mount / portable defibrilator unit mount keeps it out of the loads into the center and yet keeps it directly ~,~,ay, locks securely in place for .dismount point for Click re far ima a attendant. available for use. s . transport. ~~:~~. This Informatlon is for descriptive purpose only. Wease contact your bcal Kubota Dealer for warranty InMrmatton. For your safety KUBOTA strongty recommends the use of a Rollover ProtedNe Structure (RODS) and seat belt in almost all appllWttons. For complete operational Information, the operator's manual should be consulted. For off-highway use only The values In "Ground clearance" and "WelghC are those of the machine equipped with the tires in the table above. (•) The hydraulic bed IME on ttie R1N900R is standard on units startlng with serial number 31112 and above. May 10 07 08:55a !Carry Woods 785-472-4113 p.2 M&W DISTRIBUTING INC l~- l~~ ~~-. ~: - nt [ ~ ~~ x . ~: c~ nr ELLSWORTH, KS G7439 PHONE 785-472-3683 1VIay 10, 2007 To whom it may concern; We are the makers of the a-muvr line of ambulance attachments. When we install our products we take off the original bed of the vehicle and fit our aluminum flat bed to the utility vehicle. After this is mounted we fasten the rest of our products as you ordered. Because this done to your specifications, all units are unique, and assembled in our facility. 1'he e-muvr products are manufactured in Ellsworth, Kansas, then attached to the vehicle as ordered and then shipped complete from here. We are the sole provider of these products. Sincerely, ~~~~ ~ Kerry Woods President !.!/ S~ 0z~z C ELRA~ ITS OFD ®ERCH SIRE-RESCUE DEPARTMENT SERVING DELRAY BEACH GULF STREAM HIGHLAND BEACi- DELRAY BEACH 0 0 All-America City 1993 Zoos January 3, 2007 Charles E. Tear, Director Division of Emergency Management 20 S. Military Trail West Palm Beach, FI 33415 Re: Grant C6050 Dear Mr. Tear: The Delray Beach Fire-Rescue Department is in receipt of your letter dated December 19, 2006. We greatly appreciate your agency's involvement concerning the approval of our grant application for $42,001.30 from the State of Florida, EMS County Grant Award Program. Please accept this letter as confirmation that we concur with the amount of the award, and will adhere to the ac#ivity and expenditure plans as stated in your letter. • To purchase an ALS equipped Special Events Response Vehicle to provide +coverage at Delray Beach's popular anal geographically spread out events which continue to grow larger each year. • To purchase one Zotl E Series Defibrillator /Monitor with pacing capabilities, SA02 monitoring, Wave form Capnography, and non invasive blood pressure monitoring capabilities. Finally, this agency will compty with all state and county grant requirements, including reporting. If you have any questions, please contact Division Chief Robert Moreland at 243-7440. Sincerely, Kent' B. Koen Fire Chief Cc: File Mary-Ann Young, Finance FIRE-RESCUE DEPARTMENT HEADQUARTERS • 501 WEST ATLANTIC AVENUE •DELRAY BEACH, FLORIDA 33444 (661) 243-7400 • FAX (516) 243-7461 Printed on Recycled Faper 2 _. \ORI~~ Department of Public Safety Division of Emergency Management 20 S. Military Trail West Palm Beach, FL 33415 (561) 712-6400 FAX: (561) 712-6468 www.pbcgov.com Palm Beach County Board of County Comnussioners Addie L. Crreene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Warren H. Newell Mary McCarty Burt Aaronson Jess R. Santamaria County Adnunistrator Robert Weisman December 19, 2006 06-DIR-075-L Robert Moreland, III, EMS Division Chief Delray Beach Fire-Rescue Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Chief Moreland: EMS Grant Cb050 The EMS Grant Review Committee has recommended your agency receive $42,001.30 from the EMS Grant Award Program; please see attached which covers the items and work schedule for your EMS Grant Award. The EMS Grant package is being presented to the Board of County Commissioners at heir February 6, 2007 meeting. Once it is approved by the Board, it will be forwarded to the State EMS Office for their execution. In the meantime, please provide us with a letter of confirmation from your agency's administrator concurring with the amount of the award, activity and expenditure plans, and assurance that your agency will comply with state and county grant requirements, including reporting. If you have not submitted a Resolution from your Governing Board, kindly proceed to obtain same prior to making the purchase certifying that monies from the Grant Award will: 1) Improve and expand prehospital services in that coverage area; 2) Not be used to supplant existing provider's budget allocation; 3) Meets the goals and objectives of the EMS County Grant Plan. Thank you for your cooperation. Sincerely, __../ Charles E. Tear, Director Division of Emergency Management Enc. `:4n Equal Opportunity Affirmative Action Employ< ATTACHMENT 2 DELRAY BEACH FIRE RESCUE Work Plan: Work Activities: Time Frames: To purchase an ALS equipped Special Events Response Vehicle to provide coverage at Delray Beach's popular and geographically spread out events which continue to grow larger each year. To purchase one Zoll E Series Defibrillator/Monitor with pacing capabilities, SA02 monitoring, wave form Capnography, and non-invasive blood pressue monitoring capabilities. Grant Award Notification 1't Quarter Bid Process 2°a Quarter Bid Award and order equipment 2na Quarter Receive Equipment, provide training 3~a Quarter Place into Service 3ra Quarter Proposed Expenditure Plan: Line Item Kubota RTV 900 Ambulance Package Zoll E Series Detibrillator/Monitor Unit Total Price Quantity Cost $11,800.00 1 $11,800.00 7,797.00 1 7,797.00 22,404.30 1 22,404.30 Date: May 11, 2007 ~~*y,. rM i~ d ~,~a`y., ~~, • Request to be placed on: Consent Agenda X When: May 15, 2007 AGENDA ITEM NUMBER: AGENDA REQUEST Regular Agenda Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): Approval to purchase a Special Events Response Vehicle (BERN) with Advanced Life Support (ALS~~abilitYin the amount of $21 597.00. Funding will be reimbursed from Palm Beach County EMS Grant Project #C6050 in the amount of $19,597.00 and Fire Rescue will fund $2,000.00. Recommendation: Department Head'. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): .~ ~~/ 5~11~D~ Funding Available: 'es / No Initials: Gam- Account Number ~~ ~' Z3~5- ~Z~ ~ ~~ ~-~ Description ~~~~, /~~~~i'i~~ ~^G~ fJ~uf~7?2e,L-~'~_ Account Balance: Funding Alternatives:- City Manager Review: Approved for Agenda: ~/ Hold Until: Agenda Coordinator Review: No Initials: (if applicable) Received: MEMORANDUM TO: Mayor and City Commissioners FROM: Kerry B. Koen, Fire Chief THROUGH: City Manager DATE: May 11, 2007 J~ SUBJECT: Agenda Item # ~ • ~ • J - Regular Meeting of Mav 15, 2007 Request to Purchase Zoll E Series Lead ECG Monitor/Defibrillator ITEM BEFORE COMMISSION This item is being presented to Commission to authorize staff to purchase a Zoll E Series Lead ECG Monitor/Defibrillator from Zoll Medical Corporation in the amount of $25,184.00. BACKGROUND The City of Delray Beach was awarded anon-matching reimbursable grant from PBC Emergency Medical Services in the amount of $42,001.30 in Apri12006. The grant was awarded for the purchase of one additional Special Events Response Vehicle (SERV) with Advanced Life Support (ALS) with an approved budget of $19,597.00 and a Zoll E Series Defibrillator/Monitor with an approved budget of $22,404.30. Staff has located Zoli Medical Corporation in Burlington, Massachusetts and they are the sole manufacturer and distributor of the E Series Monitor/Defibriliator. A quote was received from Zoll Medical Corporation in the amount of $25,184.00 for one Zoll E Series Lead ECG Monitor/Defibrillator with pacing capabilities, SA02 monitoring, Wave form Capnography and Non-invasive Blood Pressure monitoring capabilities. This purchase from Zoll is in accordance with a past decision by the City to purchase defibrillators from this company. Since the grant for the Zoll E Series Defibrillator/Monitor was approved for $22,404.30, an additional $2,779.70 will be funded by Fire Rescue. Once the Zoll E Series Defibrillator/Monitor is purchased, Finance will prepare the necessary grant reimbursement request documents to PBC EMS to receive reimbursement in the amount of $22,404.30. FUNDING SOURCE Funding is available in expenditure Account #001-2315-525-64.90. RECOMMENDATION Staff recommends the sole source purchase to be awarded to Zoll Medical Corporation in the amount of $25,184.00. ,. ~, HEALTHt2ARE PINANOE National City Healthcare Finance is pleased to present the following proposal for lease financing on your ZOLL Medical Equipment and/or Accessories. Rates and terms are based on our understanding of your financial considerations. We offer a variety of financing alternatives and would be pleased to structure this transaction to meet your budget and accounting needs. Should you have an interest in pursuing financing options, simply complete the attached application and fax it to the attention of Mike Kaplan at (866) 1330-8923 or call with any questions at (513) 455-9844. For muniapal or operating leases over $250,000 contact Gary Sanders (630) 232-4710. Rates are valid for 60 days to allow for installation and then of course are fixed for the term. Equipment: See attached ZOLL Medical Quotation for Equipment Description Lease Term Options 36 Months 60 Months Purchase Total 525,184.00 525,184.00 Monthly Payment 5818.48 $541.20 Documentation 1st and Last Lease Payment due with signed documents. 1st and Last Lease Payment due with signed documents Option at lease end $1.00 Buyout $1.00 Buyout Taxes/Freight Additional if applicable Additional if applicable Rates and terms are subject to final review and approval. We look forward to working with you to provide the best financing available on your newZOLL Medical Corporation Equipment. Please note this quote is subject to final review and approval. Submitting this quote does not imply that credit is approved. . ,~ iifiiifi~ +~ Ta.tirbAritAp,66arkarrs' HEALTHC/-ti~! FIN/INt±E Ca/1(S13) 4SS-9844 or Fax 66 8308923 Va~d~n tTYmr f.(~5T ZOLL Medical Co ration ~`9" ~''~`' a•~ y~tr ~~ S.la Tu 269 Miu Road, Cheltnsfor MA 01824 ~"'`''~"'l~`~ b - fAMaa I'ctnn Vtsatrn S~pynn clgaMmc lea ( ) F'a Pa ( Taal fi~srF ~.~ le"~G Buyout 5l 8uyout ~?RY7!°1P'15~!!~(11'1K'O S1K ig~,Atpc6+~Fk+a ~M~uaasakrrY See Attached _ ......... . ttrritao art ertial~ety t ... `: bftlli WI:+w`rr Company Name BilYrq Address City. Stale. TrP Signature The aPdicant (Lasses) certifies to Natlortal Cily Heatthcere that it b epplyirg for credit for business purposes, and not for personal, family or home use. 1 hereby authorixa any barn. Bnenciel institution or trade reference listed above to release appropriate credit inbrtnation on the atyove acmunt(s) to iVatiorlel Cily Haeltltcere Flnarloe. ~6 '~ S Ada»cing Rasuscitatian. Today." ~~ •....+ w."°.. March 13, 2007 Robert Moreland, III Division Chief, Emergency Medical Services Delray Beach Fire-Rescue Department 501 West Atlantic Avenue Delray Beach, FL 33444 Dear Chief Moreland: ZOLL Medical Carparaiion S%VOi~~. P:C2 {'~-?d':'.L~ui~fiE~iS ?_~9 P1I Read Ci~'~..8'f3". `i10S'1. ~'a'~H.SS~''.C1l lSE'f'n O1 H2v'-•1'tl U.S.:~. S?~r~.,r?1 ~iici We appreciate your selection of ZOLL products for Delray Beach Fire-Rescue Department. This letter serves as confirmation that ZOLL Medical Corporation at 269 Mill Road in Chelmsford, Massachusetts, is the sole manufacturer and source of E Series Defibrillators for the EMS Market. ZOLL or Kurt Sterzelbach, Territory Manager will not sell an E Series Defibrillator to Delray Beach Fire-Rescue Department through any vendor or dealer. Should you have any questions or require additional information please contact me at 800-348-9011 x 9568. Sincerely, Elizabeth McCaughey Contracts & Bids Manager ,,rte,.. :~{ r ~ CIT'~ OF DELRAM BEACN ~ ~ ~ ~~~~ ~j~~_r ~ ~ _ .. FIRE-RESCUE DEPARTMENT DELRAY BEACH r t e • , • ~ Af ~ r 1993 2001 us Y ~) Ste' r .s } ~~ "'C~. "d:"`w' "d~ ~s~y zu~a er ~~..~~r _ .. _ ..~ ......~._l.i .. .e _ ... ..lJ~e1.Yr, .:~~"Sh .-S:&vi ..~ _ .~Q7+'taaw~....+,.., SERVING DELRAY BEACH GULF STREAM HIGHLAND BEACH January 3, 2007 Charter E. Tear, Director Division of Emergency Management 20 S. Military Trail West Palm Beach, FI 33415 Re: Grant C8050 Dear Mr. Tear. The Delray Beach Fire-Rescue Department is in receipt of your letter dated December 19, 2006. We greatly appreciate your agency's involvement oonceming the approval of our grant application for $42,001.30 from the State of Florida, EMS County Grant Award Program. Please accept this letter as confirmation that we concur with the amount of the award, and will adhere to the activity and expenditure plans as stated in your letter. To purchase an ALS equipped Special Events Response Vehide to provide coverage at Delray Beach's popular and geographically spread out events which continue to grow larger each year. To purchase one 2ott E Series Defibrillator /Monitor with pacing capabii'rfies; SA02 monitoring, Wave form Capnography, and non invasive blood pressure monitoring capabilities.. Finally, this agency will comply with all state and county grant requirements, iriduding reporting. If you have any questions, please contact Division Chief Robert Moreland at 243-7440. Sincerely, Kerry B. Koen Fire Chief Cc: File Mary-Ann Young, Finance FIRE-RESCUE DEPARTMENT HEADQUARTERS • 501 WEST ATLANTIC AVENUE •DELRAY BEACH, FLORIDA 33444 - (561) 243-7400 • FAX (516) 243-7461 Printed on Recycled Paper December 19, 2006 06-DIR-075-L Department of Pnbiic Safety Divia[on of Emergency Management 20 S. Military Trail West Palm Beach, FL 33415 ' (561)712-6400 FAX: (561) 712-6468 www.~gov.com Pain Beach County Board of County Commissioners Addie L. Crreene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Warren H. Newell Mary McCarty Burt Aaronson Jess R. Santamaria County Adminlatrator Robert Weisman Robert Moreland, III, EMS Division Chief Delray Beach Fire-Rescue Department 501 West Atlantic Avenue Dekay Beach, FL 33444 Dear Chief Moreland: EMS Grant Cb050 The EMS Grant Review Committee has recommended your agency receive $42,001.30 from the EMS Grant Award Program; please see attached which covers the items and work schedule for your EMS Grant Award. The EMS Grant package is being presented to the Board of County Commissioners at heir February 6, 2007 meeting. Once it is approved by .the Board, it wilt be ~forwaided to the State EMS Office for their execution. In the meantime, please provide us with a letter of confirmation from your agency's administratdr concurring with the amount of the award, activity and expenditure plans, and assurance that your agency will comply with state and county grant requirements, including reporting. If you have not submitted a Resolution from your Governing Boazd, kindly proceed to obtain same prior to making the purchase certifying that monies from the Grant Award will: 1) Improve and expand prehospital services in that coverage area; 2) Not be used to supplant existing provider's budget allocation; 3) Meets the goals and objectives of the EMS County Grant Plan. Thank you for your cooperation. Sincerely, _--_./ Charles E. Tear, Director Division of Emergency Management Enc. °,a Eel opporamry A,Q4rmadve Action Employer ATTACHIVIENT 2 DELRAY BEACH FIRE RESCUE ' •Work Plan: Work Activities: Time Frames: To purchase an ALS equipped Special Events Response Vehicle to provide coverage at . Delray Beach's popular and geographically spread oa t events which continue to grow larger each year. To purchase ane Zoll E Series DeSbrillator/Monitor with pacing capabilities, SA02 monitoring, wave form Capnography, and non-invasive blood pressue monitoring capabilities. Grant Award Notiflcatlon 1`~ Quarter • • ~ Bid Process 2'd Quarter Bid Award and order equipment 2na Quarter Receive Equipment, provide training 3`d Quarter ' Place into Service ~ r ' . 3`~ Quarter Proposed Expenditure Plaa: Unit Total Line item Price Quantity Cost Kubota RTV 900 511,800.00 I $11,800.00 . Ambulance Package 7,797.00 1 7,797.00 Zoll E Series Defibrillator/Monitor 22,404.30 1 22,404.30 Date: May 10, 2007 .~:3f? r ,,s, Request to be placed on: Consent Agenda X When: May 15, 2007 AGENDA ITEM NUMBER: ~ ° ~ ' AGENDA RE(?UEST Regular Agenda Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): Approval to purchase a Zoll E Series Lead ECG Monitor/Defibrillator with pacing capabilities, SA02 monitoring, Wave form Capno~raphy and Non-invasive Blood Pressure monitoring- capabilities in the amount of $25,184.00. Funding will be reimbursed from Palm Beach County EMS Grant Proiect #C6050 in the amount of $22,404.30 and Fire Rescue will fund $2,779.70. Recommendation: A~brove Purchase of a Zoll E Series Lead ECG Monitor/Defibrillator Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~/ No Initials: ~ ~ 5 ~~ ~~~ Account Number ~~ J 23i~`S~~ ~ ~- ~~ Description ~ ~~ ~~~'~ ~ ~~ ~ ''n-~ Account Balance: ~9Z ~' `~ 5 Funding Alternatives:- (if applicable) City Manager Review: Approved for Agenda: Yes / No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JAMES SCHMITZ, DEPUTY DIRECTOR OF PUBLIC WORKS THROUGH: CITY MANAGER~~ DATE: MAY 8, 2007 I~, SUBJECT: AGENDA ITEM # ~ ~ U -REGULAR MEETING OF MAY 15, 200' UNDERWATER INSTALLATION OF CHECK VALVES AT 345 S 7 AVENUE AT THE ICWW AND ATLANTIC AVENUE AT THE ICWW. ITEM BEFORE COMMISSION This item is before the Commission to approve the purchase and installation of four Tideflex check valves which requires under water installation in the Intracoastal Waterway. Industrial Divers Corporation and BK Marine were solicited to quote on the installation. Industrial Divers was the only vendor that responded to perform the installation at a cost of $34,203.00. Quotes were solicited for the Tideflex valves from HD Waterworks, $35,000.00; Mitchell Valve Products, $28,298.00 and Ferguson Waterworks. Ferguson Waterworks did not respond. Total of Industrial Divers and Mitchell Valve products quotes are $62,501.00. BACKGROUND Industrial Divers Corporation proposes to install 4 Tideflex Valves and include a rip rap (sand cement bags) retaining wall around the outfall pinned with rebar. The sediment which currently covers the bottom half of the outfall will have to be cleared away by the dive team in order to install the valves provided Mitchell Valve Products. Tideflex check valves are designed as part of a flood control system; they allow free flow of stormwater after heavy rainfall and prevent flooding from the intracoastal water way during high tides. This is to replace ineffective traditional flap gates, which operate via mechanical parts and incur constant operational maintenance problems including corrosion of mechanical parts, freezing open or closed, warping and clogging due to trapped debris. The Tideflex valves are more reliable and eliminate moving mechanical parts. FUNDING SOURCE Funding is proposed from account 448-5416-538-46.90 Other Repair and Maintenance RECOMMENDATION Staff recommends approval of Industrial Divers to perform the installation $34,203.00 and Mitchell Valve Products $28,298.00 to provide the Tideflex valves for a total amount of and $62, 501.00. CITY OF DELRAY BEACH 100 NW 1St AVENUE DELRAY BEACH FL 33444 PHONE (561) 243-7345 FAX (561) 243-7314 T« Mitchell Valve Products Inc ATTN: Girard Mitchell From: HAROLD BELLINGER STREETS SUPERINTENDENT Phone: (561) 964-0344 Pages: ONE (1) Fax: (561) 964-9822 Date: 5/7/2007 Re: 24" TIDE FLEX SLIP ON CHECK valve Phone: Office (561) 243-7338 18" TIDE FLEX SLIP ON CHECK valve Cell (561) 573-5831 ^ Urgent For Review ^ Please Comment xPlease Reply ^ Please Recycle Girard, per our conversation can you please supply a quote for THREE (3) 24" flanged Tideflex check valves, and ONE (1) 18" Tideflex check valve. Series 35-1 Flanged Tideflex with Curved Bill End 24" $8,123.00 ea. *Neoprene Elastomer, 304 SS Back-up Ring, ANSI 125# Flg Series TF-1 Slip-On Tideflex with Curved Bill End 18" $3,929.00 ea. *Neoprene Elastomer, 304 SS Band Clamp for PVC O.D. Delivery: 3-4 Weeks FOB Factory Ground Freight Allowed Net 30 Days Purchase orders should be made out to: Tideflex Technologies c/o Environmental MD, Inc May 08 07 11:42a Fran Galletta • V~f VVI LVVI VV ~J I oft JJY I IG VY V.7 Ooklontl Pork. FL 33304 454-7?2-7343 954-772-0443 "Local Services NotionwJde'' p.2 ~ out/oo5 I .. I -1 To: Frain: Kger ~ Pox:.----+~- Pages: ~ _......._..-~•-- r _~ ~no• I~AI A' rYl! ~ I Here's the quote - see atlaohed out sheets. TideReoc can special drNl thelflanged vahre ff roquired to rnaboh up the flap valve connection they are repiacirg. If a speaal flange dr111lrtg b required, IYII tx~mp up the price for the 304 S~5 retaining ring (price depends on driNing pertain). ._ (3) 24" Tideflex Check Valve with Curved Bilt ErM: Series 3r1 ' • Neppr~ene Eiestamer /, ~~~ ~ ANSI Fig DrINin9 Six _~, _i.[~/~•_l • 304 SS Retaining Ring JY~~ ~ • Flange Diameter. 32" • 20 Bolt Fiolea ~ ~ • 29 ~" Dia. Bolt Circle ~ (1)18" Tldeflex Check Valve with Curved BNI End: Series TF-1 • Neoprene FJastomer • Slip-On Connection • 304 SS Sand Clamp ~7~ ~a' 1 I Confirm pipe OD dimension Quotation Frm for t30 Denys Delivery: 3-4 weeks I Net 30 DayB ~ Full Freight Allowed; Comrnerclal Ground -1 5 • ipmeM ~ ~~~~ ~ ~ n Q ~ . a a ~- ~~ 954-587-6636 new unn~nnu rnnn rl. Qlor ~' 1 ~~-~ Technical Data Technologies Series TF-1-Tideflex®Check Valve Features & Benefits • h1e~ for uaidiole iutalations • lightweight, aN-elastaner aesiga • Seals around entrapped soids • Cost-effective, mantenance-free design Materials of Construction • I]astomers avaiabh: in Ptre Gun Rtdlbey Neoprene, Hgpalon°, Chbrobulyl, Buns-N, EPDM, and Yibon° We are pleased to announce the introduction of the revolutionary TF-1 Check Valve. It functions and operates under the same simple principle of operation as the original TF-2 Tideflex®. This design is ideal for existing manhole installations where the invert of the pipe is close to the floor of the vault. There are many check valves in intercep- tors, manholes, and vaults. These vaults are designed so that there would be a maximum gravity head; thus, the invert pipe is as close to the base as possible. The TF-1 allows installa- tions in such applications. The Tideflex® Technologies Series TF-1 Tideflex® Check Valve is designed for applica- tions in manholes, where the bottom of the manhole is close to the invert of the pipe. The TF-1 configuration allows the valve to be prop- erly installed without manhole modification, ensuring positive backflow prevention and a lifetime of maintenance-free performance. ~ioe ~_C A ~~~~ 4 10 8 1 i/2 5 10 8 1 1/2 6 16 1Z 2 8 18 16 2 10 23 19 3 12 27 Y3 4 14 27 23 4 1s 35 3o s 18 36 34 6 TO 44 37 8 2Z 44 3T 8 u 48 a3 8 !i 48 43 8 F 48 43 8 30 56 55 8 32 56 55 8 36 67 69 10 38 67 69 10 40 67 ~ 10 4Y 61 71 10 4# 61 71 10 4f 68 78 10 50 66 78 10 54 es 78 10 58 K 78 10 60 73 91 14 se 73 ai 1a rs ss 115 1s Numbers indicate maximum dimensions fn inches. Tideflex Technologies 700 N. Bell Are., Carnegie, PA 15106 USA 412-279-0044 fax 412-279-1878 www.tideflex.cem Series 35-1 - Eccentric flat bottom design - Integral, all-rubber flange - Lightweight, all-elastomer design - Shorter length in sizes 42"and larger Materials of Construction Neoprene, Hypalon'"', Buna-N, EPDM, Viton~'. Backup .Rings Galvanized steel or stainless steel. The flat-bottom Series 35-1 feature an integral rubber flange, allowing them to be mounted to flanged outfall pipes or directly to headwalls where the pipe is flush. The flange size drilling conforms to ANSI B ~ 2 16.10, Class 150#, or can be constructed with DIN, 2632 and other standards. The Series 35 Check Valve is furnished complete with steel or stainless steel backup rings for installation. The Series 35-1 is often a direct replacement for flanged flapgates. Hinge pins rust and cor- rode if not routinely lubricated, causing the flapper to hang open and allow backflow. Small debris that collects in the seating area of the valve will also keep the flapper open. Tideflex® Series 35-1 valves 18' and larger are constructed with a curved bill as standard. 35-1 I ~= r i2 H i i genes s5- i ~~ 4 9 10 8 5 10 10 8 6 11 16 12 8 13 1/2 18 18 10 f6 23 18 12 19 28 23 14 21 30 27 16 23 1/2 35 30 18 25 40 34 20 271/2 48 37 24 32 52 44 30 38 3/4 62 55 32 413/4 66 59 38 46 72 70 42 53 ~ 73 48 591/2 75 81 54 681/4 79 90 60 73 82 94 72 86 1/2 95 120 Dimensions are subject to change due [o customized construction ~~ ~ W ~~~~~LLLLL C ~~ `a ~ ~~ ~~ ~ v, ~ ~ a ~~ ~ ~~ ~o~~ ~ ¢F ~~~~ ~~ ~a ~, '~ ~~~~ a~ i ~~~~ ~ it ~ SQ~O~~ ~ a F ~ ~ o a ~ ~ ~~~~ ~ ~1 ~~~~~.~s ~ W G+ ~ ~ ~ ri d ~ ~ ~ ~ i 1 ,. ~ rr r S a ^ N ~ ~ i 1 ~i ~ !V . v' ~ ~ ~ o N ~ ~~~~~ ~ ~ ~ ~ ~ ~ ~~$~ = F ~i~Y~~ OQQv~~i ~. l~ ~7$~S~G ~~~~g~~ ~. ~ ~~j~,~~~ ~~~~~~ D :~~~ ~x~~~~~~ °' ~ ~ ~~~ ~Q Z ~~~~_~~ Z D r.-. ~~ ^ 11Z11,, ~.`S EY YYY~ ~ Q ~ ~ Q _W .~ M`I y x x x x x L'~wCt9J ~oZf m v7 x ~~ a _ ~ _ a sic ~ ~ a ~} ~ ~ i ~ d w " z ~ q r~ s ~ sc ~ ~ ~ ~ v. ~ ~N Cnn/CAn Fd~ ir.i •~ iv ~uv~ nuvivvn xxu rtinn ~~~ tice vux cti•on ~nn7/rnl~,n ~'d 9~99-L8~-b~6 e}}ape~ uea~ eZ~~ L L LO 80 ~?W INDUSTRIAL DIVERS CORPORATION 2640 Arbor Drive Fort Laud~erdal e, FL 33312 Office (954) 523-2906 Fax (954) 587-6636 E-Mail~Proposal to: bellinge~a,ci.delray-beach.fl.us City of Delray Beach 434 S. Swinton Avenue Delray Beach FL 33444 May 8, 2007 Harold Bellinger 561-573-5831 Cellular 561-243-7314 Fax Total No. of Pages Ol Submitted by: R Galletta Underwater Installation of Check Valves in the Delray Beach ICWW Industrial Divers Corporation (IDC) will provide labor and equipment for underwater installation of check valves at the two sites listed below in the ICWW. 1. Atlantic Avenue and the ICWW -Install 24" Series 35 flanged check Valve, 32" Flange Diameter 20 bolts neoprene materials with a galvanized steel ring bolted to the existing headwall. Fixed price includes labor & equipment, materials and shipping $8,765.00 each valve 2. 345 SE 7 Avenue and the ICWW -Install 18" Series TF-1 Slip in check valve. Neoprene Material and Type 304 Stainless steel clamp $7,908.00 each valve Quote updated for 3 valves @ Atlantic Avenue and the ICWW installed $26,295.00 1 - 18" Series TF -1 Valve @ 345 SE 7`" Avenue &ICWW $7,908.00 $34,203.00 The above terms and conditions are hereby accepted. A Finance charge of 1 '/2% per month which is an annual percentage rate of 18% s charged. Purchaser shall be liable for all cost of collection including reasonable attorney's fees. Signature Print Name & Title Date Agenda Item No., AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: 8 Mav 2007 When: 15 Mav 2007 Description of item (who, what, where, how much): Commission approval/authorization for Industrial Divers Corporation to install three under water check valves at Atlantic Ave. and the ICWW and one check valve at 345 SE 7th Ave. and the ICWW. Funding is as follows: Account #448-5416-538-46.90 for the amount of $62,501.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation; Department head Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re d on~tems involving expenditure of funds): Funding available: ES O Funding alternatives _ (if appli ble), Account No. & Description - y -5~11(o ~ S 3.4. ~~-' ~?T~ ~ r ~`1~n•`~` - Account Balance 87,040.50 City Manager Review: Approved for agenda: E O~~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero, Deputy Director of Construction Jim Schmitz; Deputy Director Public Works Chevelle Nubin, City Clerks Office Agenda File 1/16107 File 2006-039 C:1Documents and SettingslschmitzlLocal SettingslTemporary Internet Files10LK8B1agenda REP 1 16 07 (2).doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JACI~LYN ROONEY, PURCHASING MANAGER THROUGH: DAVID HARDEN, CITY MANAGER DATE: MAY 09, 2007 SUBJECT: AGENDA ITEM # C? ~ ~ ~ -REGULAR MEETING OF MAY 15.2007 BID #2006-17 MAINTENANCE & SERVICE FOR HVAC CHILLERS AND TRACER UNITS FOR CITY HALL AND THE DELRAY BEACH PUBLIC LIBRARY ITEM BEFORE COMMISSION City Commission is requested to approve bid award to low bidder, ConServ Building Services for a three (3) year maintenance and service contract for HVAC Chiller and Tracer Units located at City Hall and the Delray Beach Public Library for a grand total cost of $78,852.00. The cost of year one would be $25,500 and the corresponding year two would be $26,280 and year three would be $27,072 which would be a grand total of bid award of $78,852 for the three years. BACKGROUND Five (5) bids were received on March 08, 2007 all in accordance with City Purchasing policies and procedures. A bid tabulation is attached for your review. Recommendation is to award to low bidder, ConServ Building Services for the total lump sum of $78,852 for the three year contract. The second low bidder, Precision Air Systems Inc. had flied a protest stating that the original bid package from ConServ did not include the signed copies of Addendum #l, 2 and #3 which ConServ faxed to Purchasing prior to bid opeting date. This protest was denied based on my meeting with the Director of Environmental Services and our phone conversation with the City Attorney. See attached letter dated May 10, 2007 to Precision Air Systems Inc. in reference to his protest. This conclusion was for the protest to be denied and any irregularities to be waived as to the requirements of submitting a copy of the original signed addendums in the low bidders' bid package. FUNDING SOURCE Fund from account code 001-3431-519-46.10, RECOMMENDATION Staff recommends award to low bidder, ConServ Building Services for the Maintenance and Service for the HVAC Chillers and Tracer Units at City Hall and the Delray Beach Public Library for a total of $78,852 for a three year contract. The amount for year one would be $25,500. oa 00 o 0 ~~ o ~ °o °o o ° ° ° °o e~ ~ ~ ~ - ,1E~ NN a0 ~ ~cp ri ~[i O o a0 o o e+i NN ~ ~i ~ N - - ~~p C ~ N o 0, O C f~ ~ ~ a O N O • • t9 63 N M f ~~ ~ ~~ ~ ~~ (~ i ~ ~ ~ O O O d o ~ 0 0 0 o 0 ;~~ ,~ 00 0 ~3 00 b 0 m o O v ~ r"~ ~p iJf ~ M ~ ~ ~ ~ M O D' 63 63 M ~ ~ O ~ ~ N 0 ~ M ~ ~ ~ ~ i9 4D OO ~ ~ SO 603 ~ ! 9 ~ a ~ ~ CC o a _ G ~ .O Q O ~ ~ S ~' ~ ~ .1'70. 4j O O pp O 4 O ,O p p tD O A fp ppp O , O :`~ ~ C O N ~ V ~ ~ ~ ~ O h N ~ ~ A tG ~ m ~ O ~ ~ 10 ~ ~ y " V ~ A Ol ~t ~ ~ ~ p ~ ~ ~ ~ ~ ~ ~ ~ 9 ~ ~ N t~ 6 1^ N ~ ti ~ ~ ~ !E E 9 ~ 63 3 Eli 63 vi E9 to r ' ~ ~ ,~ ~ , ~ ,~ OD ~ ~ O O S ,' s. ~' 10 oo 0 ~ ~ _ ~ 0 C C O ~ O O ~ O ~ r 0, ~. m .~' ~ '~ ~' , ~ v . v', ' '!E as ~ ~ ~ ~ v , V ~ ~ tD tD ~ t0 t 0 ~ ~ 3 M a ~ 63 63 `M 63 ~ T E9 t9 M 63 d. ~ 63 d b3 M ~ O ~ t~ x ' o° .g Z •~ O O O ~ O O O O O O ~Q, `~ N 00d O .~ 0 ~~p o0D N ~ ti ~ 00 IID r~ ~ I O 'er w ~ 1l? ~ - ~ 'd_ CO r r H N oD ~ r r O N 63 6P ~~ ( ~ 63 63 ( 63 ~ ~ 63 63 t/3 63 63 63 ~ ~ m ~ p ~ C J } m ~ ` ~f ~ O O ~ R~ W ~- ~ ~ ~ O ~ ~ DWG ~- ~ ~ U V C ~ ~ ~ Fes„ ~ i a. ~"~ m ~ e~ ~ o '~ ~ ¢ m ~m ~~ a ~ N ~ ~ ~ ~ O~ W v n. ~ ~ v n. v a ~ ;~ t9 8 N 0 >: 03/20/2007 10:34 5612964375 PRECISION AIR PAGE 02!03 PF~~C~~SI~N A11~ S~ST',E'I~IJS, 1111C. lVlarC~a,12, 2Q07 11101 South Crown Way • Sutte 2 • Wellington, Florida 33114 West Palm Beach (561) 791-S98Q • Fax (661) 795-1693 City of Delray Attn Jackyln Rooney ate: cisi Pirotest ato Bid #2907-16 Dear Jacklyn; As per our conversation oz~ Friday ,Precision air Systems is hereby protesting the bid submitted by Conserve Building Services. The reason being stated on the attached page I am faxing you this clearly states that the addenda,s should 'be faxed to you to verify receiving them then it goes on to state that they also shall be part of your. Original Bid Package. This is where the problem lies, Conserve did not have these in their bid package, and every other company did. In fact you admitted yourself in tlae bid opening that theirs was upstairs that they had faxed therm only. I called Thermal Aar,s rep Victor Pino v~rho was the other attendee and he also agrees that tlas was in fact the case. Thank you for your attention to this matterplease do not hesitate to call if there is any thing else that we need to discuss. ~'har-ik You Ron Stauffer Precicion Aar systems CITM OF DELRA4~ BEACH DELRAY BEACH `~ '0c? N.W. 7st AVENUE May 10, 2007 All-America City ' ~ Ron Stauffer Precision Air Systems Inc. 1101 South Crown Way, Suite 2 1993 Wellington, Florida 33414 2ooi UELRA`( BE.riCli, FLOR':IiA.334=;4 s 5671243-'OC}0 RE: Bid #2007-16 -Maintenance and Service for the HVAC Chillers and Tracer Units at City Hall and Delray Beach Public Library Protest Letter Dated 1Vlarch 12, 2007- Received March 20, 2007 Dear Mr. Stauffer; Your protest letter dated March 12, 2007 has been received in Purchasing. Your protest was based on the fact that the faxed copies of the addendums from low bidder, Conserv, were faxed to Purchasing prior to bid opening but they were not included in their original bid package. Based on my meeting with the Director of Environmental Services and our phone conversation with the .City Attorney's Office yesterday, May 09, 2007 and with the approval of the City Manager and City Attorney, it is my recommendation to the City Commission that your bid protest be denied and any irregularities be waived as to the requirements of submitting a copy of the original signed addendums received in Purchasing in a timely manner prior to bid opening be accepted because granting the waiver does not result in any competitive disadvantage under the facts of this case. Please note that the bid award shall be placed on the City Commission agenda for Tuesday, May 15, 2007, at which time you may appear and state your protest. If you have any questions in regards to this matter, you may reach me at (561) 243- 7163. Sincerely, Jacklyn Rooney, Purchasing Manager Cc: Milena Walinski, Assistant Finance Director` ~~"~ Robert Barcinski, Assistant City Manager Richard Hasko, Deputy Director of Environmental Services. Printed on Recyc/2d Paper THE EFFORT JA LWAY S ~ AT "TER S AGENDA ITEM NUMBER: ~' AGENDA REQUEST Request to be placed on: May 15, 2007 Date: May 10, 2007 ~_ Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approve award to low bidder, ConServ Building Services for the Maintenance and Service for HVAC Chillers and Tracer Units for City Hall and the Delray Beach Public Library for a grand total cost of $78,852 for a three (3) year contract. The cost for year one (1) would be $25,500 ($13,020 for City Hall and $12,480 for Delray Beach Public Library) per bid #2007-16. Year two would be a total cost of $26,280 and year three would be $27,072. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES NO YES NO Recommendation: Approve bid award to ConServ Building Services for the Maintenance and Service for the HVAC Chillers and Tracer Units for City Hall and the Delray Beach Public Library for a grand total of $78,852 for a three (3) year contract. Cost for the first year would be $25,500. ($13,020 for City Hall and $12,480 for the Delray Beach Public Library). Funding from account code 001-3431-519-46.10 (Building Maintenance) for the 5 months for remainder of this fiscal year for the Library Chillers ai•i~Fhntf~at $5,200, and 001-1802-512- 46.20 (Admin. Services) for $5,425 for the 5 months for remainder of this fiscal year for City Hall Chiller. Department Head Signature: ~ /~~ ~ S`' ~`~ 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: `i'e ~ No Funding alternatives: (if applicable) Account Number: ~l - 3~ 3l ~ ~~ `~ . ~~' /~ Account Description: ` n- ~af V(./~ Account Balance: ~Z ~ ~ ~ ~~ ~~. 7~ c ~-o~-~----- City Manager Review: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: David T. Harden ~~ THROUGH: DATE: May 11, 2007 SUBJECT: AGENDA ITEM # ~ . A COA FOR NEW F EtD'S APPROVAL ITEM BEFORE COMMISSION An appeal has been filed requesting that the Commission overturn the approval granted by the Historic Preservation Board for a Certificate of Appropriateness for a new home to be constructed at 706 SE 2°d Street. BACKGROUND The City Commission held a quasi judicial hearing on this appeal at your May 1 meeting. In the course of deliberations on this appeal the applicant offered to reduce the size of the proposed dwelling by removing certain portions to achieve a Floor Area Ratio of approximately 40%. The Commission asked to see revised drawings showing the appearance of the smaller house. As of Friday morning the staff has not received any revised drawings for review. FUNDING SOURCE N/A RECOMMENDATION Since revised drawings have not been submitted to the City, I recommend that the Commission either (1) approve the appeal, thereby reversing the Historic Preservation Board's approval, or (2) continue this item until the first meting in June to allow the applicant more time to submit revised drawings. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ; ~~y~~,( FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER CJ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~ ` THROUGH: CITY MANAGER DATE: MAY 10, 2007 SUBJECT: AGENDA ITEM # - MEETING OF MAY 15 2007 APPEAL OF THE HISTORIC PRESERVATION BOARD'S APPROVAL OF NEW CONSTRUCTION AT 706 SE 2" STREET LOCATED IN THE MARINA HISTORIC DISTRICT. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board's (HPB) decision made on March 21, 2007. The HPB approved the Certificate of Appropriateness (COA) for the new construction of asingle-family residence located at 706 SE 2nd Street based on findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in LDR Sections 4.5.1(E)(4), (E)(7), and (E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. BACKGROUND At the March 21, 2007 Historic Preservation Board (HPB) meeting, a Certificate of Appropriateness (COA) for the construction of a new, 11,709 total square foot (8,129 under a/c) two-story, single- family residence located at 706 SE 2"d Street was approved with conditions. Staff noted that the development was not consistent with the established structures within the 200 block of SE 7rn Avenue nor the historic structures within the district. Staff made a recommendation to continue the COA request with direction, as opposed to denial, as this was the Board's first review of the subject application. Given the scale and mass of the structure, staff was unable to make positive findings with respect to the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. A complete analysis of the proposal is found in the attached Historic Preservation Board Staff Report of March 21, 2007. REVIEW BY OTHERS The Board followed the established quasi judicial procedures in considering the project. The applicant offered testimony in support of the development proposal. The Board took testimony from members of the public who spoke both for and against the project. Additionally, the property previously contained a contributing, 2,163 total square foot, one-story structure which was approved for demolition in 2005. As part of that demolition request, the Staff Report conditioned the future development with the following language, "that the design of the new dwelling will be required to meet strict historic preservation design guidelines to ensure compatibility with design and massing in relation fo the surrounding area...Demolition of the dwelling will not have an City Commission Documentation, Meeting of May 1, 2007 Anneal of HPB Action - 706 SE 2`~ Street adverse effect on the Marina Historic District as it cannot be seen from the public right-of--way. However, it can be seen from fhe Intracoastal Waterway and, as such, any new structure will have to be compatible with the other waterfront properties in the district." APPEAL On Apri- 4, 2007, Claudia Willis of 160 Marine Way and Cheryl Jones of 131 SE 7~h Street submitted an appeal of the Historic Preservation Board's action of the subject property. The basis of the appeal is that the actions taken by the Historic Preservation Board are inconsistent with the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. The relief being sought is that the approval of the COA be reversed and the development request be denied. RECOMMENDATION Approve the appeal, thereby reversing the Historic Preservation Board's approval. Attachments: ^ Historic Preservation Board Memorandum Staff Report of March 21, 2007 ^ April 4, 2007 Appeal Letter from Claudia Willis and Cheryl Jones 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the approval of a Certificate of Appropriateness for the new construction of a single family residence located at 706 SE 2"d Street has come before the City Commission on May 15, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval of a Certificate of Appropriateness for the new construction of a single family residence located at 706 SE 2"d Street. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I, II and III. I. LDR REQUIREMENTS a. LDR Section 4.5.1(E)(4), 4.5.1(E)(7j and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features Are these guidelines met? Yes No Have the overall objectives of the LDR's been met? Yes No II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: The Delray Beach Historic Preservation Design Guidelines suggest the following which apply with respect to the subject application: • The relationship of new construction adjacent to significant historic resources can either enhance or detract from the historic setting of the district. It does not appear that the structure, as proposed, would enhance the historic district within which it is located. • All new construction should complement the historic architecture of the district. While the style may be appropriate, the large mass, scale, and volume is not complementary. • The character of the massing should be compatible with the surrounding buildings. The mass of the proposed structure clearly outweighs that of the surrounding buildings, inclusive of the adjacent two-story structures located immediately to the north and south. Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes No III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: The Secretary of the Interior's Standards for Rehabilitation recommend: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this day of May 15, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin City Clerk 2 DEIRAI'BEACH AII~Ameiica Ciry 1~I10- 1 ~!4 S ?Ole I HISTORIC PRESERVATION BOARD 11iiEMORANDUM STAFF REPORT Property Owner: Applicant: Property Address: HPB Meeting Date Dana Parham UCIRaY tlEACH AR.Amer(ca City ~~~~,r I y4;i ~fy)~ Authorized Agent: Mark Krall Francisco Perez, Project Architect 706 SE 2"d Street, Marina Historic District March 21, 2007 COA: 2007-070 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness {COA 2007- 070) associated with the new construction of asingle-family dwelling located at 706 SE 2"d Street, Marina Historic District pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND The subject property consists of Lot E less the east 148.3 feet of the north 145.6 feet, The Moorings, Delray Beach, and is zoned R-1-AA. The Moorings is a 1943 resubdivision of the Blank-Nichols Subdivision (circa 1925, within Block 127). The Moorings subdivision reconfigured twelve (12) fifty foot {50') wide lots into five (5) larger lots. Lot E was later redivided into two (2) lots, creating the subject "flag lot" which has access from SE 2~d Street. The subject property inbound by five different properties as well as the Intracoastal Waterway. Access to SE 7cn Avenue is not available to this lot. A 2,163 square foot contributing, one-story, Cottage style single-family dwelling previously existed on the lot. At its meeting of August 17, 2005, the Board approved a COA request to demolish the aforementioned structure. At the time of review and based on available records, there was some confusion as to when the structure was built; a 1986 survey suggested that it was originally constructed in 1936, while the Property Appraisers website suggested 1956, and the building record card suggested 1936, 1951 and 1971. The building was demolished in October 2005. Upon review of the demolition application by the Board in 2005, one of the criteria the Board took into consideration was whe#her there were definite plans for the immediate reuse of the property. The owner at that time stated that, while not submitted for review, immediate plans were being made for the reuse of the property, with the construction of a new dwelling. The Staff Report that the Board reviewed at that time stated the following: !t should be noted...fhat the design of fhe new dwelling will be required to meet strict historic preservation design guidelines to ensure compafibilify wifh design and massing in relation to the surrounding area...Demolition of the dwelling will not have an adverse effect on the Marina Historic District as it cannot be seen from the public right-of--way. However, it can be seen from the Intracoastal Waterway and, as such, any new structure will have to be compatible wifh the other waterfront properties in the district. There are no other Board actions on record. The current application requests consideration to approve the new construction of a single- family dwelling. It is important to point out that the applicant met with Staff prior to application submittal. The applicant inquired about the review criteria and its applicability to the subject property. As previously noted, the subject property is a "flag lot" and is not directly located on a street within the Marina Historic District. Staff's reply to that inquiry was that it was unknown how the elevations would be reviewed and noted that the proposal was rather large. Upon application submittal and further consideration, it was clear that the required review criteria was applicable, athough it might be applied in a different manner as special circumstances exist. There are no other "flag lots" within any of the city's five (5) historic districts. A follow-up meeting between Staff and the consultants occurred with much of the discussion focused on compatibility. Therefore, as a way of looking at volume in an objective manner, Staff relayed that the proposed Floor Area Ratio (FAR) and the average FAR of the immediately adjacent properties also abutting the Intracoastal Waterway significantly differed. Details of the analysis are provided below. While the consultants argued against the FAR analysis and its use, Staff suggested that additional or different data be submitted to prove the case for compatibility. That information was not submitted. ~ PROJECT DESCRIPTION The subject property contains approximately .5162 acres or 22,487 square feet, and is vacant. It is bordered by five other lots within the Marina Historic District, which face either SE 7`h Avenue or SE 2"d Street. Two of those properties, along with the subject property, are also bordered by the Intracoastal Waterway: 200 Marine Way, located directly to the north, and 219 SE Tin Avenue, located directly to the south. The proposed, two-story, single-family dwelling contains the following: • 8,129 square feet under-air, and 11,709 total square feet; • a one-story, three-car garage and two-story, two-car garage with guest suite above; • a 29% lot coverage and 52% Floor Area Ratio (FAR); • complete landscape plan with associated landscaping information, and; • swimming pool and spa. The access for the subject property is taken from SE 2"d Street, where a metal gate is located between the properties at 200 Marine Way (identified as "remainder of Lot E on Site Plan) and 203 SE 7th Avenue. A brick paver drive leads to the principal portion of the property, which, as previously noted, is surrounded by a total of five different properties as well as the Intracoastal Waterway. The front of the property is considered the west, while the east, which is located on the aforementioned waterway, is the rear of the property. The proposed structure, whose height extends to thirty-four feet (34') at its highest peak, will contain approximately 6,645 total square feet on the first floor and approximately 5,062.5 total square feet on the second floor. A mix of one and two story components make up the structure. The west elevation, also considered the front of the structure, contains two separate garages, which face inward into a brick pavered motor court. While both garages contain multiple spaces, there are five individual doors for each of the five spaces. A combination of window types and styles may be found throughout: arched, casement, fixed, picture, sidelight and transom. All windows are proposed to be aluminum-clad wood. The picture windows, many of which are flanked by casement style sidelights, are primarily located on the east elevation (rear), to take advantage of the water views. Exterior finishes include smooth stucco walls, barrel the roof, wood soffit and fascia, and decorative tiles. The color scheme is a cream body with an olive finish for the windows. ANALYSIS (Note -All LDRs and recommendations referred to from the Delray Beach Historic Preservation Design Guidelines have been cited as they presently exist. All structures or properties referred to as contributing are classified as such on the circa 1988 Marina Historic District Map) COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K~ Development Standards Matrix: The applicable development standards for the R-1-AA zone district that relate to the proposal are as follows: Building Height Maximum Setbacks Front"* Side Interior (North) mouth Rear Open Space Minimum Allowed/Required Provided 35' 34"` 30' 30' 10' 10' 10' 14'9"' 10' 10' 25% 47% *Measured from ground level to highest peak. ""`Front of property taken from west property line. Pursuant to LDR Section 2.4.6(H)(5), the Board must make a finding that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Future Land Use Element of the Comprehensive Plan and specifically with the provisions of LDR Section 4.5.1. Future Land Use Element Objective A-4• The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Policy A-4.1: Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.7 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Historic Preservation Design Guidelines" LDR Section 4.5.1(E)(4), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: (F)(4) A historic site, or building, structure, site improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of Interior's Standards for Rehabilitation, as amended from time to time. See applicable Standards noted below. (E)(7) The construction of new buildings or structures within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-confributing building. Any material change in the exterior appearance of any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. The proposed structure, as noted above, requires general compatibility with the historic buildings adjoining or reasonably approximate to the proposed (non- contributing) structure. According to the original designation map of the Marina Historic District circa 1988, the subject property is abutted by two contributing structures (209 and 219 SE 7th Avenue) while five others are within close proximity (160 Marine Way, 200, 214, 222, 228 SE 7th Avenue}. With respect to the more impacting requirements such as proportion and mass, the proposed structure is not found to be generally compatible. Further analysis is provided below. (E)(8) All improvements fo buildings, structures, and appurtenances shall be visually compatible. Visual compatibility shall be determined in terms of height, front facade proportion, proportion of openings (windows and doors), rhythm of solids fo voids on front facades, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The following components of the aforementioned review criteria require further consideration and revisions: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. The height of the subject application is within the maximum allowed height of thirty-five feet (35'). However, when looking at the surrounding structures (both contributing and non- contributing) within the 200 block of SE 7th Avenue of the Marina Historic District, the proposed dwelling contains a larger and more massive appearance. The surrounding properties do contain second-stories. However, their scale and massing do not call attention to their additional heights. It should be noted that, while the proposed application incorporates one-story elements, it also contains approximately forty-three percent (43%) of the total square footage on the second floor. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and in direct relationship to the width of fhe building and to the height of the front elevation of other adjacent or adjoining buildings within a historic district. The front elevation in this case is the west elevation. While the west elevation contains a more massive appearance than those of the surrounding properties, it may not be highly visible from the public right of way, such as SE 7tt' Avenue and SE 2"d Street. Regardless, an attempt should be made to provide a more prominent front entry and possibly detach the accessory structures. Further, the east elevation, which is situated on the Intracoastal Waterway, is clearly not visually compatible with respect the proposed width and height in relation to the other adjacent or surrounding buildings. Staff has conducted field visits to the surrounding area in addition to reviewing property data, and upon review of the existing conditions in comparison with the proposed structure, visual compatibility cannot be found. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and structures within a historic district. While there are no sidewalks with a direct relation to the subject application, a general review of the entrance and porch projections is being made. The main entrance is significantly setback from the foremost wall plane, which is connected to the structure. This is not typical or appropriate to this style of architecture or for the historic structures. The main entry should be further emphasized, placing more prominence on its location. (j) Scale of a Building: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic district. When solely reviewing the proposed elevations and the attempt at visual compatibility with the surrounding properties, there is a clear difference between the two. The overall appearance of the subject application proposes a structure containing a vastly larger scale, mass, and volume. When compared to the historic structures, as the above noted review criteria states, there is an even clearer distinction. However, the table below takes the data of all other structures located within the same block of the subject property and compares the existing conditions with the proposed structure. When attempting to objectively relate structures with one another and take into consideration their lot size compared with the structures size, a Floor Area Ratio (FAR) may be established. The average FAR in the sample area noted below is 18.1 %. The FAR of the proposed structure is 52%, a 287% increase. Address Year Built Number of Stories Lot Size Square Footage FAR 200 Marine Way 1929 2 20,855 3,319 16% 706 SE 2" Street* --- 2 22,487 11,709 52% 203 SE 7` Avenue 1954 1 10,032 2,031 20% 209 SE 7` Avenue 1950 1 9,497 1,212 12.8% 213 SE 7` Avenue 1951 1 8,409 1,571 18.7% 219 SE 7` Avenue 1935 2** 32,418.8 5,656 17.4% 229 SE 7` Avenue 1991 1 27,386 3,067 11.2% 237 SE 7` Avenue 1989 1 21,399 4,074 19% 711 SE 3~ Street 1989 1 12,632.4 3,820 30% 'Subject property ""Principal Structure contains 2 stories, accessory structure contains 1 story. The Secretary of the Interior Standards for Rehabilitafion recommends that: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural .features to protect the historic integrity of the property and its environment. (Standard #9J The overall volume of the proposed structure is not in keeping with the above noted Standard. While clearly differentiated from the old, the historic integrity of the Marina Historic District is not protected. The visibility from SE 7"' Avenue and SE 2°d Street may be minimal; however, the property is highly visible from the Intracoastal Waterway and the land to the east. In addition, the abutting properties will be highly impacted, as the mass of the proposed structure will tower over them. One could speculate that a structure of this size has the possibility of creating a "domino affect" of larger development within the 200 block of SE 7"' Avenue, as has happened in the 300 block of SE 7"' Avenue, creating a difficult situation for the smaller scaled properties on the west side of the street, and compromising the integrity of the historic district, as a whole. The Delray Beach Historic Preservation Design Guidelines recommend the following with respect to new construction: The relationship of new construction adjacent to significant historic resources can either enhance or detract from the historic setfing of the district. It does not appear that the structure, as proposed, would enhance the historic district within which it is located. All new construction should compliment the historic architecture of the district. While the style may be appropriate, the large mass, scale, and volume is not complimentary. The characfer of the massing should be compatible with the surrounding buildings. The mass of the proposed structure clearly outweighs that of the surrounding buildings, inclusive of the adjacent two-story structures located immediately to the north and south. ASSESSMENT & CONCLUSION The City has recently conducted a comprehensive review of the LDRs as they pertain to the review of new development within the city's five (5) historic districts. The comprehensive review was a direct result of large-scaled development proposals that were inappropriate, out of scale, and not visually compatible to their respective historic districts. The subject proposal contains those same elements that forced the city into asix-month moratorium, and as such, requires a great deal of revision. Visual compatibility is the main determinant in the review criteria required by the Board for the properties within the districts, and it has clearly not been achieved. In the Staff Report for the demolition, the Staff assured the Board, as well as the public, that "the design of the new dwelling will be required to meet stricf historic preservation design guidelines to ensure compatrbrlity with design and massing in relation to the surrounding area" and "any new structure will have to be compatible with the other waterfront properties in the district "With that, it was demonstrated in the FAR table that compatibility with the waterfront properties was not a factor in the subject proposal. While one may argue that the waterfront properties within the 300 block are compatible with the subject proposal, those properties are neither in close proximity nor are they examples of compatible development within the historic district. Existing out of scale development does not allow for certain design liberties to take place for new development, nor is it relevant to the visual compatibility requirements of the LDRs and guidelines. It must be noted that while the LDRs do not require that applications maintain an FAR consistent or compatible with that of the surrounding areas, it is suggested that this would be an appropriate starting point at providing a more compatible development within the Marina Historic District. A reduction in the second story is clearly necessary. Additionally, one-story elements with setback second story walls should be implemented to break up the mass on the east elevation; the views would remain, while the impact would be reduced. There is a wonderful rhythm that the properties within the Marina Historic District create along the Intracoastal Waterway, and the application, as proposed, would permanently interrupt that rhythm. The application should not be approved as submitted. While it does not meet any of the required review criteria for visual compatibility, it could, essentially, be denied. However, in addition to an overall revision, Staff recommends that the application is continued with direction. The main points noted throughout the report are not new to the applicant, authorized agent, or developer, as they met with Staff during a preliminary meeting regarding the overall development. However, Staff received notification that the application would move forward for review by the Board as originally submitted. Therefore, based upon the analysis above and contained throughout the Staff Report, positive findings cannot be made with respect to LDR Sections 4.5.1(E)(4), (E}(7) and 4.5.1 (E}(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based on positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Deny the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. RECOMMENDATION Continue the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8}(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation with the following direction: 1. That the property survey is revised to show the distance to the centerline and crown of road; 2. That the types of windows and their finish are noted within the window schedule; 3. That the overall scale and mass are reduced to provide a more visually compatible development; 4. That the east elevation is broken up to provide one-story masses while setting back the second story; 5. That the east elevation is broken up to provide a less massive appearance with one and two story elements; 6. That the entry is revised to be more prominent; 7. That consideration is given to separate the garage/guest cottage to provide an accessory structure; 8. That the windows contain multi-light configuration, rather than single panes of glass; 9. That the picture windows are divided and contain muntins; 10. That the parapets contain coping; 11. That windows appropriate to the style are used with more decorative elements; 12. That all wall-mounted lighting specifications are submitted; Report Prepared by: Amy E. Alvarez, f-fistoric Preservation Planner Attachments: • Location Map • Survey • Proposed Site Plan, Elevations, Floor Plans, and Landscape Plans • Photos of property and surrounding properties from across Intracoastal Waterway and SE ~h Avenue ~ ~~~ ; ; a_ A T L A N T I C A V E N U E -~ ~ a o~ Q a o ~_ ~ Q Q Q a W s.E. isT sr. ~ Q MIRAMAR ORIVE 3 f"' ~- ln LD Q U Q _Z ~ Z E W W Z ~ ~ H S.E. 2ND ST. INGRAHAM q NU it 0 w w ti ~i ~ ~ S.E. RD ST. BAY Q O Z z ~ ~ O ~ CD m J _ _ - ~ ~ ~ G_ Q LANGER WAY ~ O ~ Z f- z a w z w Q ~ S.E. 4TH ST. U CASUARINA U o ~~ Q ~ z o a w __ ~' z f- BUCIDA RD. J z z w w - o Q ~~ W W _ _ Q Q ~~ >~~ -- Q Q JO N ~~Q S.E. 6TH ST. MELAIEUCA RD. _ _ ~ ~ O ~ ~ ~" ~ARrgSA O N 706 SE 2ND STREET ~'- CITY OF DELRAY BEACH, FL PLANNING do ZONING DEPARTMENT - 12-43-46-16-12-000-0051 - ®SUBJECT PROPERTY LOCATION MAP -- OlC/TAL BASF MAP SYSTEM -- MAP REF: LM986 Sheet 2 of 2 (Sketch ofSurvey) -See Sheet 1 of 2 fa Legal De' •, CeNfirafions, Property and other 5uney related data. SURVEY IS NOT COMPLETE'Pf, BOTH SHEETS. SE' .R 5i~" 5C4LE:1'=4C - 93'45'v^0 iii \~5 \~~P 0.6' O c J ~n N !c ~, :ti o d \\\ SET IR 5l8' T =- \~. `~ o I°c 13.00'IPtM) Adverse Conditions • Please note the fallowing: - BM =19.21' REMAWDER OF ~Oi E iNOT INCIUDtD) 147 6T(CRtM) Landtcch Surveying offers services throughout the State of Florida. Please refer to our web si(e at Invoice Number : 01-06165 vhvw.LandtechSurvey.wm for up to date infonnalion about our locations and coverage area. Drawn By: E.V This survey has been issued by the following Landlech Surveying office 1500 N.W 62nd Street, Suite 511 DateotFieldWork t1-03-06 Fort Lauderdale, Florida 33309 Revision . Office: (954) 776-6766 Fax: (954) 776-4660 ReYiSion www.LandfechSurvey.com Revision t)6° 15'00'(Pi I 0.3' a I ~ ~ ~ ~ ~ ~ N N -- ~ I I 9~ ~i, ~ ~ p.3' SE 2nd STREET ~; ~. ~O y OG z W I ~ 3 O 1 ~ ~ z Q O V ~ W S ~o z 1~ 1 V/ Q O U z II ~andTech S U R V E Y I N G Providing Fast & Accurate Lond Surveying Services throughout Florida rneasura6f}' 6cttcr! 0 0 Q =e!°: ~;°-~: .,,: X6!1: fatE: iY i:B {~ 11 ~y m A ~~ W ,~ ~~ C'7 W ~~ Y f ~ ~!3 s;f 3ai~~ c ~~ op ~ e 4: 55 ! `at4_ p~{f jal q';: lj '4~oap 6u~~ap ~aaa1S PAZ 35 90L ~ ~filc_ ~n_ ~g,;;~ s ~~ ~ a ~ ` ~ } 1 d. IE I l 6. . - -_ y _ J ~ - ~ ~ }} _ O ~ 1 f.' F S Q d J a0 ~~ ; ~. 5 6 U t ~ 8 4 ~ d a E Q Q e d . 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J a' ~;--- ]~r 1 - 7 ~- ~~R r i? ~~ ~~ ~ E ^~r I ~{ ~~ r ,'J I`J ,~ ;~: ,~ ~ r t s i _ '4 '~ Y'~ ;Inc: ~ ~+^ ~._ i ~;; ;~x_ ~ j ~ ~~ 1~ }~ 1r' '~,~ ~ i.' ,,, t ~} ~, ~r ~,~r ~~sjkt ,1. k~! ~, , ~~x~.,~~i ~~~~,({ ~' t,~+ ~' D ~ ~~ ~~ ~, Y j~, '' ~ ~ ~ ~~;~y, ~~~± ~~~ ~t ~~ ~, o Ih ~ ~" .' ~~ ~'; ,~ 1 »~ '~ %; ~,; ~:~ ~.a ~ y,~~,~~ kd,~ ~ "Ei <: ~` ~~ ~(E~` '"i Vii= ;~ i : fi Fii ! ~ i i M 5a .', ~1 . ~ ~~ q f 1u! ; 4 ~~ s ~~ f~."' n ~~~ = ~ ~~ 1~ . _ ~ -~ ~~' ~ 1~ . .~ ~~Kll~ \~ t 1, ' c ,~ ~ s.1 i FA'~t! 1 c '.' t ~~i.~!~t~7-F ~ ` . eus. c~ ~ s~amti ~ r~':...~~® 4 C Q W O LL N \ ~ ~ ~ 1` o o o o ~ M O ~ 07 pp ~ a®+ N ~ i ~ ~ ~ S ~ J ~ ~ mJ LL ~ V ~ ~ ~n~' nW~ W L r~~ v ~ ~~ v M~ N N M ~ N ~ o ~ ~ h1 ~ ~.,~ O M O M ~ ~ f6 ® G~ ~ ~ ~ ~ ~ ~ ~ e ~ ® Q ~ ~ ~ ~ LL > ~ O ~ ~ ~- H n~~ W r~8 V ~ L W ~d' `® ~® W ^~ \W ~--+ ~~ 0 U O m O O M April 4, 2007 Ms. Chevelle Nubin City Clerk City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida cc: Susan Ruby, City Attorney David Harden, City Manager Paul Dorling, Planning 8~ Zoning Director `~i~ ~p-~ c~rv cteau Re: Appeal of the Historic Preservation Decision of COA 2007-070 Subject Property: 706 SE 2nd Street, Marina Historic District Dear Ms. Nubin: This is a notice of appeal for action taken by the Historic Preservation Board on March 21, 2007, to approve the Cert~cate of Appropriateness (COo007-070) for new construction of a single family residence on property located at 706 S ~re tin the Marina Historic District. The Historic Preservation Board's decision was inconsistent with the provisions set forth in the Land Development Regulations for the City of Delray Beach, the Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation. We are deeply concerned about the Historic Preservation Board's repeated approvals of these large-scale construction projects that do not comply with local ordinances and historic district guidelines. New construction that is not consistent or compatible with the designated historic district not only jeopardizes the historic integrity and character of the district, but has a direct impact on the surrounding historic neighborhood in which we reside (160 Marine 1ft9ay and 131 S.E. Seventh Street}. We are asking that the approval of Certificate of Appropriateness 2007-070 be reversed and that the application be subsequently denied by the Delray Beach City Commission. The owner of the subject property should be allowed to resubmit a new application with an appropriate design that is consistent, compatible and in compliance with the Land Development Regulations, Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation. We are requesting that we be allowed to present our case to the City Commission at an upcoming meeting. Respectfully, ~ laudia Willis Cheryl Jones 160 Marine Way 131 S.E. Seventh Street Delray Beach, FL Delray Beach, FL h1RY-15-2007 TUE 12 ~ 30 Phl FAX N0, P. 02/03 LAW OFFItES SHUBIN & BASS P R O F E S S I O R A L A S S O C I A T I O N VIA FACSIMILE (561.243.3774}, EMAIL, AND HAND DELIVERY May 15, ?007 Cllevelle D. Nubin nubin@ci. delray-beach. fl.us City Clerk, City of Delray Beach City Hall 100 N.W. 1st Avenue, Second Floor Delray Beach, FL 33444 Re: _=1p~ea1 of the Historic Pre~ervatio» Board's Decision/706 Sozctlaeas•t ?"` Street, ite~rr 9.A on the 111av 1~, 2007 Commi~•sion Agenda Dear Ms. Nubin: Shubin & Bass, P.A. has been retained to assist Ms. Claudia Willis, who owns property anal resides at 160 Marine Way, and Ms. Cheryl Jones, who owns property and resides at 131 S.E. Seventh Street, (the '`Appellants") in their appeal of the Historic Preservation Board's ("HPB"j March 2], ?007 approval of a Certificate of Appropriateness ("COA") for the proposed construction of a single- family home at 706 S.E. Second Street ("Proposed Construction"). The Appellants have standing to take this appeal because they own property and reside within X00 feet of the Proposed Construction site. On behalf of the Appellants and other affected residents and property owners of the City of Delray Beach, please let this con-espondence serve as a formal legal objection to item 9.A on tonight's Commission agenda and item 9.B on the April 17, '007 agenda. Through this letter, we incorporate all of the proceedings below, including all documents presented for review, minutes, and recordings before the HPB and the Commission, into the record of this proceeding. Although the Appellants appeared and objected personally at the April 17 meeting along with their expert, as they will at tonight's meeting, we wanted to crystallize their objections to this project and make it abundantly clear to the City the legal basis fur the Appellants' appeal, 45 S.W. 1st Street, 3rd Floor, Miami, FL 33130 Ph: 305.381-6060 Fx: 305.381.9457 www.shubinbass.com ~~~~G~~k~~k~ If 9 A. h1AY-15-2007 TUE 12:30 PM FAX N0, P, 03/03 The bases for the objection and appeal include, but are not limited. to, the following: (1 } the City failed to follow its own laws including, but not limited to, ensuring that the HPB is comprised of 5 profiessionals and 2 laypersons; (?) the Proposed Construction and issuance of the COA are inconsistent with the City's comprehensive plan, its land development regulations, and the guidelines for development and historic preservation; and (3) the City failed to provide due process by (a) not adequately disclosing the content of the cx paJ-re communications between the Commissioners and the applicant and (b) closing the public hearing portion of the quasi judicial proceeding, permitting the architect to submit revised plans, but failing to have those plans available for timely review by the Appellants or to permit the Appellants to present their objection to those revised plans. For those reasons, we ask that the City grant the appeal of the COA. To the extent that the City denies this appeal, this firm maintains that it has perfected the claims of this firm's clients regarding the propriety of the Proposed Construction and the issuance of the COA. Accordingly, please present this objection to the Conunission and place it in the official "record" of tonight's hearing on this item. I will also be present to object in person, should we be permitted to do so. Sincerely, Elaine D. Walter For the Finn. Cc: Susan A. Ruby, Esq., City Attorney (561.278.4755 and CityAttoi-ney~~M.yDeh~ayB each.corn ) Cheryl Jones Claudia Willis Livia Landry SHUBIN & BASS, P. A. MEMORANDUM TO: FROM: THROUGH DATE: SUBJECT: MAYOR AND CITY COMMISSIONERS PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONINGT/'~ CITY MANAGER MAY 10, 2007 AGENDAITEM~ APPEAL OF THE PLANNING DIRECTOR'S INTERPRETATION THAT A VARIANCE IS REQUIRED TO ALLOW A GENERATOR GREATER THAN 4' 6" IN THE SIDE STREET SETBACK. ITEM BEFORE COMMISSION Appeal of the Planning Director's interpretation that a variance is required to allow a generator greater than 4' 6" in the side street setback for property located at Pineapple Grove Corporate Center (101 NE 2"d Street). BACKGROUND In 2005 a generator for Pineapple Grove Corporate Center was installed in the right-of-way of NE 3~d Avenue adjacent to the FEC Railroad without a permit. The property was cited on December 12, 2005. A Class I site plan modification to allow the generator to remain in the right-of-way was submitted on December 19, 2005. It was later determined that its location in the right-of-way was not acceptable and on February 6, 2007 the applicant submitted a revised plan relocating the generator onto their property within the side street setback area. In May of 2006 generators were identified in the LDRs as structures that were allowed in setbacks, however they are limited to a maximum height of 4' 6". As this generator exceeds this maximum height the applicant was informed that a variance to allow the proposed generator in the setback area was required. This interpretation is now being appealed to City Commission. The applicant's attorney is suggesting that since the generators have been interpreted to be similar to AC units and allowed in setbacks prior to May 2006, and AC units have no specific height limit in the LDRs, that generators are therefore not subject to height limits before May 2006. Further, as the current height limits for generators were not codified before their initial submittal date (December 19, 2005) they should not be subject to the new height restriction. However, this argument is flawed since the initial Class I site plan submittal sought to legitimize a generator built within a right-of-way without a permit. The subsequent modification noting it relocated into the setback area was submitted in February 2007, some 9 months after the LDR modifications allowing generators in setbacks but limited their height were adopted. City Commission Regular Meeting -May 15, 2007 Appeal of Planning Director's Interpretation -Generators in Side Street Setback Further, even if there is a finding that the future modifications to plans do not have to follow regulations that are in place the Director's interpretation prior to the adoption of the current ordinance was that generators were allowed in setbacks similar to AC units but subject to a maximum height of 3'. Further, while AC units were identified as being allowed in setbacks they were also subject to a similar 3' maximum height through interpretation during the permitting process. This height restriction on AC units continues to be enforced, however, it has now been modified to 4' 6" to be consistent with the codification of the height limits on generators. RECOMMENDATION Deny the appeal, thereby upholding the Planning & Zoning Director's interpretation that the applicant must seek a variance to place a generator exceeding 4' 6" in the side street setback. Attachment: ^ Appeal Letter from Michael Weiner, Esquire dated April 13, 2007 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Planning and Zoning Director's interpretation that a variance is required to allow a generator greater than 4'6" in the side street setback for property located at Pineapple Grove Corporate Center (101 NE 2"d Street) has come before the City Commission on May 15, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Planning and Zoning Director's interpretation that a variance is required to allow a generator greater than 4'6" in the side street setback. All of the evidence is part of the record in this case. 3. 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. 4. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 15~' day of May, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk WEINER & ARONS®N, P.A. ATTORNEYS AT LA'W The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER CAROLE J. ARONSON April 13, 2007 Ms. Chevelle Nubin, City Clerk City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 Re: Administrative Appeal Our File No.: PUGA069 Dear Chevelle: RECE~vE~ Al's ~ 3 2(~1~ JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. REITMAN Via Hand Delivery This letter is an appeal pursuant to Section 2.4.7(E} of the City of Delray Beach Land Development Regulations. ("LDR's"). This is an appeal of an administrative interpretatior:: The administrative interpretation was that a variance is necessary with respect to the placement ofi the generator (as will be further explained below). The administrative interpretation was contained in the letter from Mr: Derrick Cook dated April 5, 2007 ("Cook Letter"), a copy of which is attached. Pursuant to Section 2.4.7(E)(2) of the LDR's, this appeal is being made by Weiner & Aronson, P.A., counsel for the aggrieved party, Pineapple Grove Properties, Ltd, the owner of the property and the applicant ("Appellant"). This appeal is being made in writing and directed to the City Clerk. The fee in the amount of Three Hundred Fifteen Dollars ($315.00) is enclosed. The action being appealed is the decision that a certain type of procedure is necessary to allow a generator. The action was taken by the City of Delray Beach ("City") by the delivery of the Cook Letter. The basis of the appeal and the relief being sought are discussed further below. The Appellant's interest is that the Appellant is the owner of the property and the applicant who has delivered a Class I Site Plan Modification Application ("SPA") to the City for processing. The Cook Letter states that a variance needs to be obtained because the generator is within the side street setback, which is prohibited by LDR Section 4.3.3(ZZ)(1). Ordinance 28- 06, passed on May 16, 2006 and now incorporated as Section 4.3.4(H)(4)(k) of the LDR's, allows permanently installed generators, not to exceed four and one half feet (4.5'), subject to the provisions of LDR Section 4.3.3(ZZ), to be in the setback. Section 4.3.3(ZZ) of the LDR's was also passed as part of Ordinance 28-06. As provided for in the Cook Letter, when the SPA was initially submitted; air conditioners and transformers were allowed within the setbacks under the LDR's in place at that time. Although generators were not specifically allowed or prohibited within the setbacks pursuant to the LDR's, they were determined by the Director of Planning and Zoning to be a similar structure to an air conditioner and/or transformer and thus allowed within the setback. Although other parts of Section 4.3.4(H)(4) of the LDR's had and have O:IPUGA069\Letter to Chevelle Nubin re Administrative Appeal.doc Ms. Chevelle Nubin, City Clerk April 13, 2007 Page 2 of 2 restrictions on height, there were and are no restrictions concerning the height of air conditioning units and transformers pursuant to LDR Section 4.3:4(H)(4)(j}. On April 5, 2007, which was more than fifteen (15) months after the initial submittal of the SPA and almost a full year from the passage of Ordinance 28-06, the City has advised us -that an additional procedure is now required. However; since our initial SPA was submitted months prior to the passage of Ordinance 28-06, this SPA should not be subject to the requirements of Ordinance 28-06 and a variance should not be required for any matters related to Section 4.3.4(H)(4)(k) or Section 4.3.3(ZZ) of the LDR's. Therefore, pursuant to LDR Section 2.4.7(E)(5), since the interpretation and/or application of the administrative officer that a variance is required is incorrect, the relief we are seeking is that LDR's be properly applied and interpreted- and that the SPA be forwarded immediately to the Site Plan Review and Appearance Board. Since this matter involves the interpretation and application of the LDR's, this appeal must be determined by the City Commission at the next available City Commission meeting. VVe reserve the right to provide further evidence in support of this appeal at or prior to the City Commission hearing. Please advise me of the date upon which this appeal will be heard before the Gity Commission. Thank you very much for scour assistance in this matter. \~ery tr;r ~: y urs, h!li h ePS. Jeiner MSW:kjg~k Enclosure ~r~: Mr. Paul Dorling (via hand delivery w/ enclosure) Susan Ruby, Esquire (via hand delivery w/enclosure) Jason S. Mankoff, Esquire (w/ enclosure) O:IPUGA0691Letter to Chevelle Nubin re Administrative Appeal.doc - ,' __ ~ j DElRAY BEACH f l O D All-America City April 5, 2007 1993 zoos Mr. Michael S. Wiener, Esq. Weiner & Aronson, P.A. 102 North Swinton Avenue ~elra;~ Beach, PL 33444 Re: Pineapple Grove Corporate Center (101 Pineapple Grove Way, aka 101 N.E. 2nd Avenue) - Class I Site Plan Modification Dear Mr. Weiner: Our office is in receipt of your letter addressed to Derrick Cook dated March 28, 2007. Please be advised that the Planning and Zoning Department conferred with Community Improvement Department, Building Division, regarding the proposed location of the illegally installed 8' x 14' generator. In principle, the Building Division agrees that the proposed location would be fine under the circumstances presented in your referenced letter. The Building official also indicated that the window immediately adjacent to the generator should be fitted and probably should have carbon monoxide detectors at the window. When the application for this proposed generator was initially submitted, pursuant to Land Development Regulations (LDR) Section 4.3.4(H)(4), "Structures Allowed in Setbacks," permanently installed items, such as air conditioner units, transformers having a height of not more than 36" were allowed within the setbacks. Generators were not specifically indicated in the LDR, but were determined by the Director of Planning and Zoning to be a similar structure to an air conditioner and could be allowed within the setback with a height not to exceed 36". The illegally installed generator was however determined to be in the City's right-of-way. On May 16, 2006, LDR Section 4.3.4(H)(4)(k) was modified to allow permanently installed generators, not to exceed a height of 4.5 feet, subject to the provisions of LDR Section 4.3.3(ZZ). Pursuant to LDR Section 4.3.3(ZZ)(1), generators are prohibited in front yard and side street setbacks. The proposed location of the generator is within the side street setback. Before the item may proceed to the Site Plan Review and Appearance Board (SPRAB) for review, a variance would need to be sought to the referenced LDR Sections. ,, If you her -any_guesti ns, you may contact me at 561.243.7047. Sin-erely _~_.;' n ~. 15~rf'ick L. ook, Plan r Cc: Mr. Jason S. Mankoff, Esq. Pineapple l3rove Properties, Ltd. Project File 2006-089 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PAUL DORLING AICP DIRECTOR PLANNING AND ZONING ~ ~ ~J THROUGH: CITY MANAGER DATE: MAY 10, 2007 SUBJECT: AGENDA ITEM # ~ REGULAR MEETING - MAY 15 2007 CONSIDERATION OF WAIVER REQUEST FROM LDR SECTION 4.3.3(V) (2) (A) WHICH REQUIRES A MINIMAL SEPARATION OF 750' FROM LOT LINE TO LOT LINE FOR STAND ALONE BARS ITEM BEFORE COMMISSION Waiver for Last Resort Saloon located at 4305 South Federal Highway from the requirement to provide a minimum separation of 750' from lot line to lot line for stand alone bars. While more than 750' separation is proposed from each individual stand alone bar, the minimum distance is not provided when measured from lot line to lot line. BACKGROUND The applicant is relocating a stand alone bar (Last Resort Saloon) from Tropic Isles Shops (Tropic Boulevard and South Federal Highway) to Pelican Harbor Shoppes (Tropic Isles Drive and South Federal Highway). Internal renovations have been completed and the applicant has submitted a liquor license which requires confirmation from the City that the facility is permitted. The request included certification from a surveyor that a minimum 750' separation between this facility and a stand alone bar located in the shopping center to the north (Delray Shopping Center) was met. However in reviewing the request it was discovered that the surveyor measured from bar to bar verses from lot line to lot line as required by the LDRs. In one case the minimum separation is met and in the other it is not. The applicant is therefore seeking relief from the City Commission via this waiver request. Waiver Analysis: Pursuant to LDR Section 2.4.7(6)(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. The applicant has submitted the following narrative in support of the waiver: "I believe special circumstances apply given the size and scale of the bays located in the Pelican Harbor Shoppes and South Delray Shopping Center. Given these circumstances the intent of the LDR requirement (separation of a minimum of 750 feet) is achieved (985 feet separation is provided), however the City Commission Regular Meeting -May 15, 2007 Waiver Request -Stand Alone Bars LDR requires the measurement to be taken from the lot lines resulting in only a 200 foot separation between lots': Waiver Analysis: The request before you represents a unique situation involving very large lots which given the current LDR language would have the potential to require a much greater minimum distance between bars located on these properties than originally envisioned with the creation of the ordinance. Granting of a waiver under these unique conditions would even the playing field and would not diminish the intent of the ordinance to maintain a minimum separation of at least 750 feet between stand alone bars. RECOMMENDATION Approve the waiver to LDR Section 4.3.3. (V)(2)(a) which requires a minimum separation of 750 feet from lot line to lot line between stand alone bars based on positive findings with LDR Section 2.4.7(B) (5). Attachments: • Waiver request letter from the applicant dated May 9, 2007 • Aerial exhibit 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR LAST RESORT SALOON ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on May 15, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request by the Last Resort Saloon. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.3.3(V)(2)(a) requires a minimum separation of 750 feet from lot line to lot line between stand alone bars. The Applicant has requested a waiver to this section to allow for the relocation of the Last Resort Saloon. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver requests meet all the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the 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 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 waiver request to LDR Section 4.3.3(V)(2)(a). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15th day of May, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 Last Resort Saloon, Inc. 3205 S. Federal Highway #7 Delray Beach, Florida 33483 561-279-8686 City of Delray Beach 100 N.W. 1St Avenue Delray Beach, Florida 33444 May 9, 2007 Dear Mr. Paul Dorling, would like to address the city commission to request a waiver of Ordinance 4.3.3(V)(2)(a) which separates stand alone bars by 7S0 feet from lot line to lot line. I believe special circumstances apply given the size and scale of the bays located in the Pelican Harbor Shoppes and South Delray Shopping Center. Given the circumstances the intent of the LDR requirement (separation of a minimum of 7S0 feet) is achieved. (98S feet of separation is provided). However LDR requires the measurement to be taken from the lot line resulting in only 200 feet of separation between lots. Because time is of the essesnce I ask to be heard at the next commission meeting on May 1 S, 2007. I am including some exhibits with this request. Sincerely, Beverly Storey Owner, Last Resort Saloon, Inc. :. . ,~. ~ _ ti~ '~-,, .a .' I,~ ~~~ ~{ ,~_ , Last Resort Saloon, Inc. 3205 S. Federal Highway #7 Delray Beach, Florida 33483 561-279-8686 City of Delray Beach 100 N.W. 1" Avenue Delray Beach, Florida 33444 May 15, 2007 Dear Mr. Paul Dorling, RECEIVED MAY 1 5 2001 CITY CLERK Because there may be a question concerning proper Notice concerning my request for a waiver of Ordinance 4.3.3(V)(2)(a), Ibelieve it would be prudent on my part to withdraw from the Agenda for the May I5, 2007, commission meeting. Please reschedule my request for this waiver for the next commission meeting at which time proper Notice will have been satisfied. Sincerely, Beverly Storey Owner, Last Resort Saloon, Inc. Qd~u4o+w6Re?~.~`ai, k`nik~+9. C ~O~A v' /I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Susan A. Ruby, City Attorney DATE: May 11, 2007 SUBJECT: AGENDA ITEM # I . ~ U- REGULAR MEETING OF May 15, 2007 Marketing/Se11inE City Retail Space in OSS Garage ITEM BEFORE COMMISSION Presentations of proposals from Bathurst Laymon Realty Group, Inc., Ingrid Kennemer from Coastal Commercial Group, LLC and Re/max on the sale of the retail space in the OSS garage. BACKGROUND The City asked the CRA for a recommendation on who could assist with the sale of the retail space at the Old School Square Garage. The CRA recommended Ingrid Kennemer from Coastal Commercial Group whom we have worked with in the past. The City also received proposals from Bathurst Laymon Realty Group and Re/max. The fums will be presenting their proposals to the Commission at the May 15 meeting. FUNDING SOURCE N/A RECOMMENDATION City Commission direction requested. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Ingrid Kennemer, Coastal Commercial Group, LLC Bill Bathurst, Bathurst Laymon Realty Group, Inc. Joe LaViola, RE/MAX ~ ~ a _~ _ r - ~ E ~s _ 6 ~ py7 p '~}L 9~~5 9 1 e ~ s p eta o y ~~ ~° Y F Q O W C N fA W f O JQ2 C W 2 W C7 g x 0 0 H a ~ ~ 0 ~o ~ ~~ ~~ ^ ^ a ~ ~ i O ! ~ 1 1 ~~ ~ ~~ i ~ ~~ ~ ~~ ~ o ~ W ^^~ W fJ J ~ ~~ ~g~ ~ ~~ ~ o m 4 R'~!IHTMWI MO JeA! pw FN l~ 3 j;ll~ 4 ~~~ ~ 9~5 ~ ~f r ~ o k I}~t 'y s ^f ~ b V ~O Y .. _. ~ ~~ a ~ ~~ ~~ ~ D^ o J I K ~y ~~ ail i yCZ ~ ~~ J ~ gc7 ~ ~~ Z ~ ^^~ • ~ ~ 1 Reeky Group Marketin9r Program Selling commercial real estate in today's complex market requires in-depth knowledge of market trends and fast, strategic sales promotion that produces results. Once you sign a listing agreement with Bathurst Laymon Realty Group, we use the most up-to-date technology to create an exciting and dynamic marketing program to provide the greatest exposure for your property. ~ Place your property on the Southeast Florida Regional Multiple Listing Service covering all of Palm Beach Miami-Dade and Broward Counties. „~ Post your property on Loopnet, the most widely used national commercial listing database. ~ Prepare a time lined marketing strategy. ~ Arrange professional photography for your property. ~' Prepare professionally written full-color property brochure. ,,,r Market your property on the Internet via our website and our database affiliations. ,~ Direct mail your property brochure to all rea(tor members of the National Multiple Listing Service from Palm Beach to Key West. ~ Direct mail your property brochure to residential agents who have commercial tenants and buyers. ~'' E-mail property brochure and e-postcard sales promotion to targeted buyers. ,~ Target market to prospective buyers who have purchased similar properties within a 1 to 5 mile radius of your property. ~ Advertise your property in newspaper and magazine publications. ~ Market your property through our international referral network. ~ Prepare a press release for your property to be distributed to media. ,~ Network with other realtors, on a regular basis, by telephone, direct mail and e-mail. ,~, Present your property to all Bathurst Laymon Realty Group customers interested in your type of property, area and price range. ,~ Host broker open houses to ensure maximum exposure to the real estate community. ,~ Provide design service to originate a website on the Internet dedicated exclusively to marketing of your property. '~ Submit weekly activity and marketing evaluation reports. Your marketing program will be customized to suit the particular property. It is at the discretion of your BLRG to include or exclude any item in the marketing plan based on a variety of factors such as price, market conditions, location of the property and length of the listing agreement. Astor Mixed Use Project Bill Bathurst • (561) 573-2701 • bbathurstr~hotmail.com Prepared For; Susan Ruby ~~~ ~~ The Bathurst Laymon Realty Group ~I ~ ` - j ._ . , ~ ..~ i .~, ~l r~ ~ _ _ . 1 ; ' w ~ County: Property Type: Palm Beach Retail ~ ~~ I ; I I~ _ _ -. - ° • ` Street Retail ~~~ _ i , "" ~~ Building Size: 1,451 SF _. ^ ~ ~_,: _ _ i Price: $558,635 ~ Price/SF $385.00 .~ Status: Active -----~- ---..... -. ... ----~---..~:-% . a,:: :: ~c LoopNetlD: 14647973 . http://listing.loopnet.com /14647973 Own your own store or office one block from Atlantic Avenue _ great signage and window exposure Property Description Retail or Office Condo -First floor in Pineapple Grove of Delray Beach. Total of 8 Units available -floors 2 to 5 residential sold out. Delivery end of 2007 to beginning of 2008.On-street and commercial parking on first floor of parking within the complex. Monthly Condo Fees without reserves $420 estimated. Project developed by the Altman Company. Location Description One block from Atlantic Avenue in Downtown Delray Beach. Frontage on NE 2 Ave (Pineapple Grove Way) -within walking distance to approx 1000 new mid-rise undo units. Lots of expected foot traffice. Across the street from City Parking Garage. One block from Old School Square Cultural Arts Center. Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. Faa.~"-~'J `"'t` ~ Atlantic Grove 01 Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared Fow: Susan Ruby L ---- _ :~ ~ -- The Bathurst Laymon Realty Group County: Palm Beach Properly Type: Office Office Cando Building Size: 1,950 SF Price: $875,000 Price/SF $448.72 Status: Active LoopNetlD: 14980531 htto:lll isting.loopnet.com/14980531 Great downtown Delray Beach Location accross from Kitchen Courthouse Conference Rooms Executive Suites High end finishes throughout Availabel furnished turnkey Property Description Newer construction, second floor, 1950 sq. ft. office condo in the Downtown cafe district of Delray Beach close to the ocean. Located across from the Courthouse and New Library -Easy access to I-95 and US 1. Superior finishes throughout, will sell furnished turn-key. Flexible floorplan features Kitchen, Conference Rooms, Executive Suites and Staff Areas. Building is 3 stories with retail on first level and Professional offices on floors 2 ~ 3. Location Description Located in Charming Downtown Delray Beach befinfeen Boca Raton and Boynton Beach, building is called Atlantic Grove Condominium set on Atlantic Blvd. Across from the courthouse and next to tennis center. Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. ~'''~`'~`s' ~~` ~ Atlantic Grove 01 The Bathurst Laymon Realty Group Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby ~-. Type: Actual No Debt & Equity Information provided. No. Stories: 3 TaxiD1APN: 124346176101150010 Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 _ This information comes from users and sources believed to be reliable, but is not guaranteed. ~~'"~"r-~ t'Y ~~~~ Subway Restaurant NNN Investment Bill Bathurst • (561) 573-2701 • bbathurst~hotmail.com Prepared For: Susan Ruby .~ ~- _" The Bathurst Laymon Realty Group Palm Beach Retail Retail (Other) 60,000 SF 100% $375,000 $6.25 Yes Active 15056469 County: Property Type: Building Size: Occupancy: Price: PricelSF Net Lease Investment: Status: LoopNetlD: http://lists ng.loopnet. com/15056469 Retail Condo with Subway Tenant Atlantic Avenue exposure with 38,000 cars a day 985 SF Retail Condo Restaurant space on Atlantic Avenue . Office Fax 561-243-0097 Property Description PROPERTY ONLY -EXISTING TENANT STAYS. 985 SF Condo in Atlantic Grove mixed use project on Atlantic Ave in Downtown Delray Beach. Built out with 2 handicap restrooms, fdtcheNwork area, retail counter, inside and outside seating Subway currently has 7 year initial lease started Aug 04 plus 2 x 5 yr option. Current base rent approx $25 per square foot with annual increase of 3% or CPI, whichever is greater not to exceed 5%. Lease is NNN with annual increases. Subway is original tenant building completed in early 2004. Parking on street in front of building and rear parking sot. Unit has retail entrance at rear near parking. Building is mixed use with Retail first floor, office second floor and residential thins floor. Additionally there are 65 townhomes in rear connected to this project. 2006 taxes $6,500, Condo dues quarterly $1,150 -tenant pays RE taxes and Condo dues. Subway did upgrade the A!C to larger size and there is no hood access for this space. The tenant is staying, the business is NOT for sale. The lease is corporate Subway lease with a Franchisee running business. Read lease attached about default page 12 para. 21 - if tenant defaults tenant only pays 1 month rent Location Description Fronting Atlantic Avenue accross the street from South County Courthouse and next door to Delray Tennis Center and Old School Square Cultural Arts Center. Traffic count on Atlantic Ave is 38,000 cars per day. Created: 4!12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed m be reliable, but is not guaranteed. ~"~ ~ ~'i' c~U ~ Subway Restaurant NNN Investment Bill Bathurst • (561 } 573-2701 • bbathurst@hotmail.com The Bathurst Laymon Realty Group Prepared For: Susan Ruby No. Stories: 3 TaxID/APN: 12-43-46-17-61-018-0031 Cross Street: Atlantic Avenue just west of Swinton just east of 1-95 Created: 4/12!2007 LoopNet, Inc. ©Copyright 1995 - 2007 ~ ~ This Informatbn comes from users and sources believed to be reliable, but is not guaranteed, r''aw""•~ ' ~_ ATLANTIC GROVE Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby The Bathurst Laymon Realty Group Building Size: Price: Price/SF Net Lease Investment: Status: LoopNet ID: GREAT LOCATION! DOWNTOWN DELRAY BEACH! ^ SPACE IS BUILT-OUT! MOVE RIGHT IN! r PERFECT FOR RETAIL OR OFFICE! OWNER/USER OR INVESTOR! Property Description RETAIL SPACE AVAILABLE ON ATLANTIC AVENUE IN TRENDY DOWNTOWN DELRAY BEACH! RETAIL OR PROFESSIONAL OFFICE - OWNER/USER OR RENTAL INCOME OF $35 PLUS $6 CAM. NEWER 3 STORY BUILDING WITH RETAIL, OFFICE, AND RESIDENTIAL LOFTS ON BUSY ATLANTIC AVENUE! OTHER TENANTS INCLUDE: TONY'S MARKET, SUBWAY, SALON 301, QUIZNO'S, ZIREE THAI, THE SAKE ROOM/LOUNGE, & DRYCLEANING. PLENTY OF PARKING & TRAFFIC IN THIS CENTER. STOP BY OR MAKE AN APPOINTMENT TODAY! Location Description LOCATED DIRECTLY ON ATLANTIC AVENUE. TAKE I-95 EAST 1 MILE, ACROSS FROM COURTHOUSE AND NEW LIBRARY! Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This inforrnafion comes from users and sources believed to be reliable, but is not guaranteed. ~"~~"~`~ cy ~ ATLANTIC GROVE The Bathurst Laymon Realty Group Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby ~-. Type: Actual No Debt & Equity Information provided. Cross Street: ATLANTIC AVENUE Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 Thls information comes from users and sources believed to be reliable, but is not guaranteed. Pe~x,~r~y~ r?y ~~_ Pineapple Grove Retail Masterpiece Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruf~y Fabulous renovation Retail/Office Steps from Atl Ave and Pinapple Grove Mainstreet The Bathurst Layman Realty Group County: Pafm Beach Property Type: Retail Street Retail Building Size: 1,680 SF Lot Size: 2,858 SF Occupancy: 100% Price: $559,000 Price/SF $332.74 Cap Rate: 6.30% Status: Active LoopNetlD: 15046175 h ttp:!/f i sti n g. l oo p n et. co m/ 15046175 Awesome Pinapple Grove Location Imapct Glass Windows Perfect for Chvner/User Property Description Totally exterior remodel of this 3 bay retaiUoffice building in the heart of the Pineapple Grove Historic Arts District. Many improvements happening on this block, New high end restauarant. Bay 341 contains a Bakery paying $1,000. a month, with their lease up 09/30/07 they would like to stay and would certianly pay much more to not relocate as they have a very good business. Bay 343 is occupied as an office with accessory storage and new bamboo floors in the office portion lease expires 12/31/07, Bay 345 wil be occupied by partial/owner agent and will be paying $1500 a month in rent just had an idustrial grade pure white epoxy resin floor poured showroom quality and will also, include high end build out, spiral metal ductowrtc, kitchenette, etc... Bays 343 and 345 have new central air. Building had brand new roof, All impact Glass windows. Bay 345 could vacate for owner user and collect rent from other 2 bays to offset mortgage costs. Property includes 8 parking spaces Location Description Downtown Delray, Pineapple Grove Historic Arts District 3 blocks from Atlantic Ave and 1/2 block from Pineapple Grove Way and Ironwood Properties Cannery Row Development on the Former Publix Site. Tons of potential last part of the Pineapple Grove Redevelopment District, 1/2 block to Pinapple Grove Vllage Condominiums. Don't pass this up!!! Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. r:7~ w'~~ bt. ~~~ Pineapple Grove Retail Masterpiece Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com The Bathurst Laymon Realty Group Prepared Far: Susan Ruti~i ~-. Type: Actual No Debt & Equity Information provided. Net Operating Income: $35,217 No. Stories: 1 Cross Street: Parking Ratio: 4.7!1,000 SF TaxID/APN: Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. NE 3rd AvenuelNE 3rd Str 12-43-46-16-01-069-0070 f~.~ Pc+w~*rg; y LOO~j~t• Commercial Customer Report MLS#:82733766 List Price$ 360,000 MLS#: 82733766 St: Active Area: 4370 GEOArea: PB06 For Sale: Y For Lease: N Address: 137 SE i5T AVENUE (Sty: DELRAY BEACH County: PALM BEACH Parcel: 000000000000000000 Legal: The Mark-Downtown, PID:000000000000000000 Orig. LP.~ 360,000 RP: $599,000 Lease SF/YR: Zip Code: 33444 Zoning: cbd ,v ? ~ ~ , _ "~~ ; ° ^ " Subdivision: THE MARK-f~WNTOWN Use: PROF OFFICE ~ h ~ Dol hs Pa a Tot Bid SgFt: 1,039 9 a P 9~ '~ t~, ~• ~ ~ ,^ :-r - .,,~~~,;z Coord: Year Built: 2007/ NEW ~ Miles to Expressway: Lease: NONE ''~ Miles to Beach: Min Lse Months: .,~ ~ Prop Desc: Office/Retail .~~ _.. Dir: SE Stt~ AVE soutli to SE 2nd St west to site. 2 blks S. of Atlantic vrtuat Tour: http://www.themark-downtown.com # Stories: 1 # of Offices: 5 Seating Capadty: Tot Units: 5 Max Ceiling Hgt: 13 # of Tennants: 0 % Air Conditioned: 0 Parking Spaces: 22 Inter Ceil Hgt: # of Bays: # of Toilets: D Acres: Door Height: # Loading Dodos: # Meters: 5 Tax Year. 2007 RE Taxes: $0 Tot Assum Loans: Ann Assoc/Condo Dues: Tot Mtg Balance: Gross Sd~ed inc: Ot1~er Income: Vacancy Rate: Gross Open Inc: Net Op Inceme: Total Expenses: Inc/Exp Strut Per: Source of Expenses: Management: Trash: Acct and Legal: Supplies: Advertising: Utilities: Insurance: Maint Repairs: Taxes: $0 Misc: Service: Common Ar Maint: Loo: CEN BUS DIS Wtrfrnt: Type; CONDO Sale Ind: NONE Ten Pays: NONE Misci: Misc2: FeeInd: Heat: OTHER Doti; DEED REST Cool: NONE Const: CONCRETE Utils: PUBLIC SEWER, SEP METER, 101-200 AMP Secrty: Roof: BUILT-UP Fire: NONE Ceiling: Spec Info: Floors: CONCRETE Info; PHOTOS EXCITING NEW CONSTRUCTION LOFT DEVELOPMENT DESIGNED BY GEORGE BREWER. THE COMMERCIAL CONSISTS OF 5 UNITS. 3 IN THE NORTH BLDG (OFFICE ONLY) AND 2 II THE SOUTH BLDG(OFFICE/RETAIL). SOLD AS A SHELL BUILDER TO DEL FLOOR & PLUMB STUBS. Pend Dt: Clos Dt: CDOM:O DOM: 178 Terms: ---- Information herein deemed reliable but not guaranteed. ---- CopyrigM 2007 Regional MLS, Inc. SP: 04/12/07 09:35 AM Address: 137 SE 1ST AVENUE ~ ~-~ ~ CityWalk in Pineapple Grove Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com The Bathurst Laymon Realty Group Prepared For: Susan Ruby i 1 • ~t,~ ~ ~r P - C - ! :~ ,'-* ~-1 ~' r County: Palm Beach . t ~ ~ . r ~ ~.~ "~ ~ t _ , ,~- ~ f w ~r~ ;y Property Type: Retail „~ ~ ~ ~ ~~ * Street Retail ~. -_ ~~ ;~ 5,703 SF ~~.~~~E ~~~ .~~. - ~= 1,006 SF ~~ ~ i ~:. 3,110 SF ~. ~ ~ ~ 65% ~- 16,500 SF ,. 5 ~ ~s ~ _ . rt ~ 2006 Active ' ~ '~~ ~~ - 14699048 New -Scheduled to open October 2006 Located in Booming Downtown Delray Beach Stores front directly on Pineapple Grove Way (2nd Ave) Dedicated Parking Retail and Restaurant space from 1,000 to 3,600 Property Description New Retail and Restaurant directly on Pineapple Grove Way -sizes start from 1,000 square feet Location Description Located in the center of Pineapple Grove in Downtown Delray Beach. 2 blocks north of Atantic Avenue. Zoning Description CBD Additional Types: Restaurant Total Space Available: Divisible To: Maximum Contiguous: Occupancy: Building Size: Year Built: Status: LoopNet ID: Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. ~"`~"yr'~~' Ck` ~- http://listing.loapnet. com! 14699048 The Haven Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby The Bathurst Laymon Realty Group Total Space Available: Divisible To: Maximum Contiguous: Building Size: Year Built: Status: LoopNet ID: 1 1,150 SF Sublease: No 2 450 SF Sublease: No $28.00/SF/Year Immediate $28.00/SF/Year Immediate Retail Modified Gross Retail Modfied Gross Rapidly postively changing residential redevelopment area One block from the soon to be completed public parking garage Between Atlantic Ave and all of the new Pinapple Grove Front and rear paito outdoor seating residences Excellent community support and potential for a new food operation Property Description Until now, this property has been available as a retail store or office. An application was approved by the city 03/28/2007 to purt~tase additional parking spaces required to convert this to a food operation. There are two more hearings pending however the consensus is that this would be a great location for a restaurant. The property would need to be redeveloped Two story Building in heart of hot downtown Delray Beach. Tennant pays utilities. Insurance on interior and locals sales tax. Fantastic location Gose to Atlantic Ave, Downtown Delray Beach, Intracoastal and the Beach. Also is very close to governmental faafities (City Hall, Fire & Police Stations, Public Library and Courthouse) and entertainment (world renowned Tennis Center, Old School Square Cultural Arts Center and Atlantic Avenue Shopping and Dinning). The Property is within few minutes of driving to main thoroughfares such as Interstate 95 and the Florida Turnpike, making it close to all the main locations in S.E. Florida, both for business and pleasure. Delray Beach offers an unparalleled quality of life: Located in the southern end of Palm Beach County, the City has experienced substantial growth to 64,000 people Created: 4/1212007 LoopNet, Inc. ®Copyright 1995 - 2007 ~ ~ This information comes from users and sources believed to be reliable, but is not guaranteed. ~°~"-'`"~ _y ~- The Haven Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby The Bathurst Laymon Realty Group Location Description Federal Hwy West on Atlantic Ave North on NE 2ND ave 1 1/2 blocks on right.or I-95 to Atlantic Ave, East to 2nd. Ave, North to property on East side.Fantastic location on 2nd Ave in Pineapple Grove. business and pleasure.Delray Beach offers an unparalleled quality of life: Located in the southern end of Palm Beach County, the City has experienced substantial growth to 64,000 people today. tt is home of corporations such as Office Depot, Oriole Homes and Levengers. The City has been recognized as an All-America City both in 1993 and in 2001, which makes it the only Florida city to ever win the designation twice. Zoning Description Central Business District No. Stories: 2 Parking Ratio: 5/1,000 SF Cross Street: 2nd ave and 2nd street Additional Types: Free Standing Bldg Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 _ This information comes from users and sources believed to be reliable, but is not guaranteed. ~'"K`~r'-'~ ~'~` ~ 1301 & 1313 W. Boynton Beach Blvd, Boynton Beach, FL 33426 DESCRIPTION: ,~ , ~ -; , • Excellent Exposure _ _ • Anchored by Blockbuster Video & Re/Max Realty • Award Winning architecture TRANSPORTATION: _... , ._ ..u_ • Located half block east of .~~ , -~~. - r Congress _ ~, ~: • Proximate the Boynton . , , , ~ Beach Mall • Direct access to I-95 and "l '°~ Florida Turnpike '~` ~ ~I ' AREA STATISTICS: ~~ ~~ k ~-~ a . a ~~~~ .~ ~ • 204,000 residents within 5 miles , 1 ~ ;~ Y ~ iJ • Over 42,500 cars dail - ~ * , ~_ ~=~~' • Average household income ~ = : ~ ~ °~~ w~~ $64,985 within 5 miles -, ` ~ ~~;~r,„,t~_~~;_ For leasing information contact: Ingrid L. Kennemer, CCIM Ann M. Jara Office: (561) 243-0096 Fax: (561) 243-0097 t ASTAL i.~a~~'e ~" COMMERCfAL GROUP, LLC 522 NE 2°d Street Delray Beach, Florida 33483 NOTE: This offering subject to errors, omissions, prior sale or withdrawal without notice. NML 127592-Z Cross Creek Centre -For Lease Prime Retail /Office Center .~iw 0-11 I I t _ __ ' - K ~ 0-5/6 ; 0-4 ~ 0-2/3 o-~ ~ t i t .s t 1 1 t 1 Z 1 t 1 ~i t c m x v a W m z 0 z 0 m CROSS CREEK CENTRE BOYNTON BEACH, FLORIDA Owned and Managed by: Developing Solutions EAST BUILDING SPACE FLOOR AREA 0-1 2960 S F 0-2/4 3700 S F 0-5/6 1670 S F 0-7 900 SF 0-8 900 S F 0-9 1350 SF 0-10 450 SF 0-11 3762 SF Total 15,692 SF WEST BUILDING SPACE FLOOR AREA R-1 5537 SF R-2 992 SF R-3 1500 SF R-4/5 1487 SF R-6 977 SF R-7 1219 SF R-8/9 1760 SF R-10 992 SF R 11 905 S F R-12 1453 SF R-13 1940 SF R-13B 1255 SF Total 20,017 SF Y r^~v[ j~°°I 44 _ t ~ L i Tn~' ~~d'~T~r~~ ~`~~er, cc1,1 r ~f-, -~ a.~~ Z~~ , -~ ~U9G . ., Grand Bahamas Professional Park -Ownership At The Cost of Leasing! Delray Beach -brand new construction in Delray Park of Commerce. 15 beautiful individual Key West-style cottage offices in a park-like setting. Metal roofs, inviting front porches, wood floors and French doors are just a few of the features you can expect to find! 1,200 SF and up. Starting at only $309,000 -complete! Your Local Professionals With Proven Results! www. coastalcommgroup. com FOR LEASE: Boynton Beach -- Cross Creek Retail/Office Centre - 1,000 to 3,000 SF retail next to Blockbuster on Boynton Bch. Blvd., E. of Congress. Boynton Beach -~ Medical/Professional-Seacresf Professional - 1,400 SF office for lease adjacent to Bethesda Hospital. Delray Beach -- Medical and Professional Space _ 3,355 SF office space. Congress Avenue, great signage, great parking. Delray Beach Multi-Family 3/2 Bungalow and detached 1/1 cottage on double lot. Can accommodate 3-4 units. 4 blocks from Atlantic Ave. Asking $595,000 3~ ~~~~ ASTAL f4,#,'' ~~~~" COMMERCIAL GROUP, LLC inn ~J~ra'. - ' ; X61'-2~3-0096 _- ~ 0 Ocean Ridge Multi-Family Old-Florida charm duplex with deeded beach access. Open-beam ceilings. Well-maintained. Asking $365,000 ,.- -`~ ~' ~ : - r ~~ ~ ~; ~ `a µ ~ ~~ ~, ~fi ~4~ .096 ~~'~ ~ASTAL :3, ~~ ~~" COMMERCIAL GROUP, LLC .Ingrid K `~~ ~ ~, _ _ ~ Ocean Ridge Multi-Family 8 unit beach getaway! Completely renovated, walk to private beach! Open-beam ceiling with lofts. Asking $980,0000 Boynton Beach Free-standing 1,700+ SF building on North Federal Hwy. On-site parking, zoned C4. Great exposure! REDUCED - $329,000 Boynton Beach Free Standing US 1 Redevelopment, 1,840 SF, onsite parking, great signage-Owner part of the action! $339,000 Downtown Delray Cottage 1,062 SF beautiful cottage, 8+on-site parking spaces, wood floors, ready to move in! $550,000 ALSO FOR LEASE ~.; :~~ Office Space-Old School Square Office Building 75NW1Ave,Suite102 Immediately Available • 1,585 Rentable SF • $28 base rent • $11.00 CAM • 3 or 4 large private offices • Waiting room & Reception • Conference room, 2 flex spaces • Break room /copy room • Pre wire for phone /computer ,. J • Great parking • Building Signage • Elegant foyer, elevator & reception areas • First floor suite with exterior access . Across from Delray Beach City Hall • Across from S County Court House ASTAL `` COMMERCIAL GROUP, LLC 1045 E. Atlantic Avenue, Suite 205 Delray Beach, FL 33483 FOR INFORMATION CONTACT: Ingrid Kennemer, CCIM 561-441-0967 Quality.....the cornerstone of everything we do No warranty or representation, expressed or implied is made as to the accuracy of the intormabon wntained herein and same is subject ro errors, omissions, change of price, rnntaJ or other conditions, withdraws! without notice, and ro any special listing conditions, imposed by our principals. ~_ _ ~, For Sale 90 SE 4th Avenue ~~~ ~ . ca N.D. WM LfT. +14 CEG 5 TA A TL WAi FL O ~v~ ~z~ ~~~ (~Sf LOT; ACC NV Pi OF f R /~oEk ~~ l~NIIfD r1/N16 '?+~i„~Tj. kR9 Ix~ _ Asking $1,250,000 . 3,660 SF Building . 9,450 SF Land 70' x 135' . Zoned: CBD, Delray Beach . Corner location on NWC of S E 4 Ave & S E 1 Street . Building sold As-Is . Across from Old Library site- great redevelopment opportu- n ity Taxes 2005: $11,162 . New roof 2006 Rear area for parking FOR INFORMATION CONTACT: Ingrid Kennemer, CCIM 561-441-0967 Quality..... the cornerstone of everything we do ~!' No warranty or representation, expressed or implred is made as fo the axuracy of the information contained herein and same is subject to errors, omissions, change of pots, rental or r' ,. other condrBons, withdrawal without notice, and to any special listing condkions, imposed by our pnncipats. r. ` ~ ~ASTAL `~ COMMERCIAL GROUP, LLC Astor Commercial Condominiums Price List 1/17/06 Unit # Sq. Ft. Size Sales Price Notes: 1 2 3 4 5 6 7 8 1,451 $ 1,138 $ 969 $ 1,199 $ 988 $ 1,417 $ 1,988 $ 1,487 $ 558, 635 Sold Sold Sold Sold Sold Sold Sold 10,637 Total Sq. Ft. Prices subject to change without notice. ~ASTAL ~= ~"~ COMMERCIAL GROUP, LLC Ingrid Kennemer, CCIM 5 61-441-0967 No warranty or representation, expressed or implied is made as to the accuracy of the information contained herein and same is subject to errors, omissions, change of price, rental or other conditions, withdrawal with- out notice, and fo any special listing conditions, imposed by our principals. Astor Commercial Retail Units Standard Feature Sheet Hurricane Shutters, Above Signage Lighting & Conduit for sign lighting, Private Bath stubs only, No flooring included, Separate Electric & Water Meters, Air Conditioning Condenser (roof top), Estimated ceiling height from Finish Floor 13'4", Designer ready raw space, Cable TV Availability, Fire walls per minimum code requirements, Sprinklers per minimum code requirements, Mechanicals &/or chases required per mixed-use (residential units) above commercial units and will extend within Buyers Unit Dimensions approximate. Plans & prices subject to change, modifications, errors and withdrawals without notice. Oral representations cannot be relied upon as correctly stating the representation of the developer. For correct representations, reference should be made to the purchase and sale agreement and condominium documentation. Aug 5, 2005 ~ASTAL COMMERCIAL GROUP, LLC Ingrid Kennemer, CCIM 561-441-0967 .;- -. .. ~ , 4 I ~ ~I ` / ~M SuL.ow v9• Y `~ i II -------~- I~-----------.1S'1SI3J -------- - ~---------t'- ~ i ~ ~ - I i 1 I 1 I I ~ cOv ~ iii N I--'1 ~ ~ tz+ t ~~ x~ ,, ~ ~ ~ U ~ °° ;` ~ ~ ~ ~ I S ,, ~ °` I j ,' ss, ~~~ '' o .r-! ~ ~~ I'~ ~, I' I u ~ ~ I it ' ~ I ~ '~~~.. ~ v ~ J i ~ I ~, ^' I ~ I O •ti i II { i i - f pcC'V j ~ }}~~ ~~ J i i ~ - n i ~ O '~ ~1-` i ` ~, I I I I I i .. r ~ ~ ~ I II 3 ,~ °o N I "gip ,I 3 ~,~ __. _ ._ ...- f, I I I --- -- ~ I co a~ I I I ~ , ~n W i i ''~ w I pp ~ ~ ~ ~ [/~ ~ I ~ y ~' I ~ I I p ~~~ CG o~i ~ 3 ~'~o, I IJ I ~ -o c i r (] Q r,.,~ ~ I c I 'f P ~~ CG ~ ~ ~ o J~ ~ I ~ ~ I f f----~_~ n •I I I O p b ~~ I ~ I I ~ ` ` I o°~D a~i L o ' I I, ~ ? ~I ~ ~ n. Q s~ i i iI I; ~` ~ i I i ~; -- , ~~ ~, ~ ,~ ~ ~--- . '~,5 ~ j ~ ~ o a> ~I /^~ r ^ v I t V~ _ I I j ~ ~ r ~,p~i I I~ I ~^w ~~ (~ I~~ ! ! ; _ ~;-_- --~ - --- ; ~i ; ~ o L~ - tyl ! I I _ ~~ W I II ~ C, (yJ~ I i ~ i, i I Q' ~~ - ~-- ~ oo I ~ n, I I I ~ `?' j$ J S A M i' I I h~ '. of Ii mff~ ~ "":. ~ LL i l i i '~ ~ .~ I~ ~I T a 1 ' V I I ~~ \`~ I I Ii ~ ~ bD ~~ J I ~I ° ~ I I .~ Q I j~ •~ I ~ .-. B ;. i 1 O ,, ~. ~ _ J u ~~ . _. _._._._._._._._•_ ._. a~__ I .e-'L}i~'s 4 / X nit # ~~~~~ ~ASTAL r i~ .~...w....x...x.~.,_.~~...~..a..,~ .,,~,.,,,..,.~.u..,..a.:,a..~..,~K_._ °' COMMERCIAL GROUP, LLC Astor Commercial Condominiums Estimate Dues Square Unit Mo Fee Unit Mo Fee Unit Annual Footage % Share W/O Res W/ Res Fee W/Res 1 1,451 SF 1.01422 $419.03 $521.59 $6,259.10 2 1,138 SF 0.82355 $340.25 $423.53 $5,082.40 3 969 SF 0.70125 $289.73 $360.64 $4,327.64 4 1,199 SF 0.87480 $361.43 $449.89 $5,398.66 5 988 SF 0.72085 $297.82 $370.72 $4,448.61 6 1,417 SF 1.16685 $482.09 $600.08 $7,201.02 7 1,988 SF 1.63705 $676.36 $841.90 $10,102.78 8 1,487 SF 1.22450 $505.91 $629.73 $7,556.76 6/1 /205 Pnces su sect to change without notice. If~ASTAL Ingrid Kennemer, CCIM c~~ nn~_no~~ ~``~ COMMERCIAL GROUP, LLC No warranty or representation, expressed or implied is made as to the accuracy of the information contained herein and same is subject to errors, omissions, change of price, yenta! or other conditions, withdrawal with- outnotice, and to any special listing conditions, imposed by our principals. ~.: ,. - J_ Q ~aLL wtnC90N ~ U ~ W ~ d U ~ d'~tg0 W a.~~ma u J w~ , v , - I V..~ 1 V L~,i~., '°;;, pf G~~,iwy9 ,~ v • O Q d ~ ~ .~ 5 v ~ v x ~ .~: U ~ 4~ '~"~ p" N '~ ~ ~~ = Q ~ i ~ p ~ w ° ~ ~~o C1 ~ ~ ~ 1 ~ p~ A ao ~n ~ ~ ~ ~ o L W ~~_~ C ~ ~ M X ~D v ~ ~ G V 3 LL i ~ / i ~ 1 ch ~ ~ ~ J o ~ Lt a ~ ~ N ~ For Lease Delray Beach t ~ ~ ~ ~ ~: n ~'t ice .=. ti 21arg: wo ta~io~re s confe enroo , 2nd FI '~.~-~~~~e'ral Highway ~ASTAL WMMERCIAL GROUP, LLC 1045 E. Atlantic Ave #205 Delray Beach, F'L 33483 75 NW 1 Ave 1,585 Sq. Ft. 4 private offices, 2 open areas copy room, storage great parking, waiting room across from City Hall /Court House Your Local Commercial Specialists wifh proven results! Buying or Selling we have product 8 prospects for youf _ Ingrid Kennerner CClM 561-441-0967 PRSTD STD US POSTAGE PAID BOCA RATON, FL PERMIT #0424 Photographs compliments of: Boynton Beach bridge - C. Crawford -City of Boynton Beach Recreation Dept. Sundy House - Sundy House Train Station -Art NeJame -Palm Beach Photographic Workshops For Sale Boynton Beach 2 x 4 unit Multi-Family 2210 & 2202 SE 3rd Street ~ASTAL COMMERGAL GROUP, LLC 1045 )i Atlantic Ave #205 Delray Beach, FL 33483 Land 63' x 109' each 1 bedroom - 1 bath units Building SF = 2,635 each Laundry On-Site Plenty of parking sold together or separately 2 -story Buildings Your Local Commercial Specia/isfs with proven results! Buying or Selling we have product & prospects for you! Ingrid Kennemer CCIM 561-441-0967 PRSTD STD US POSTAGE PAID BOCA RATON, F PERMIT #0424 Photographs compliments of: Boynton Beach bridge - C. Crawford -City of Boynton Beach Recreation Dept Sundy House - Sundy House Train Station -Art NeJame -Palm Beach Photographic Workshops Just Listed Deh~ay Beach 134 SW 10th Ave. Asking $249,900 " ~ASTAL COMMERCIAL GROUP, LLC 522 NE 2nd St Delray Beach, FL 33483 Single Family house with RM (multi-family) zoning Growing area Room for expansion 6,900 sf of land Great opportunity 1.5 blocks south of Atlantic Ave. Call for a free property assessment today! Your Local Commercial Specialists with proven results! Buying or Selling we have product & prospects for you! Ann Jara & Ingrid ~ennemer, 561-436-3335 PRSTD STD US POSTAGE PAID BOCA RATON, I PERMIT #0424 Photographs compliments of: Boynton Beach bridge - C. Crawford -City of Boynton Beach Recreation Depl. Sundy House - Sundy House Train Station -Art NeJame -Palm Beach Photographic Workshops For Sale Boynton Beach 2 x 4 unit Multi-Family 2210 & 2202 SE 3rd Street ~_ ASTAL_ COMMERCIAL GROUP. LLc ](W5 & Atlantic Ave #2(15 Delray Beach, FL 33483 Land 63' x 109' each 1 bedroom - 1 bath units Building SF = 2,635 each Laundry On-Site Plenty of parking sold together or separately 2 -story Buildings Your Local Commercial Specialists with proven results! Buying or Selling we have product 8 prospects for you! Ingrid Kennemer CCIM 561-441-0967 PRSTD STD US POSTAGE PAID BOCA RATON, Fl PERMIT #0424 Photographs compliments of: Boynton Beach bridge - C. Crawford -City of Boynton Beach Recreation Dept. Sundy House - Sundy House Train Stat(on -Art NeJame -Palm Beach Photographic Workshops -r .1 ~~ ~ ~n s+awoero ~ ~~~s o -'~> =`~'~= t - , B-.f6 , 4 , , ~ I I I -= = _ - - -~ -~ __ -- _ - --.~_. - - - f -~-_ - - -~ ~ ~ ~ - 3 a ~ ~, ~ ~ ~j ~ k ~ c ~ I i ~~ I ~ - 'O7 °~ B ."~ i i R ` ~= ~ ~~ n ' -a Qt ~j I • < € ~ _1 ` '. :z I _ . ... _. v+ _ - _ -.- . -_ _I J'-~,. _ - - _ - - I ~- - ~ 4 F ~ I ' N • f I F- N I~ -~, r i ~NIVi r t-t w 11a. I. f a Z ~ i I o ~ ~Y - Ca ~ I - YZ ' ~~ ~~~ I ~ _. ___ __ -_ _.___ ~.-._._-___.-~.~-_. roL • 3 ,OO,G100 tF - _ _ •~ •' ~~~ ~ ~~ k F - ---- -- ------ 1---- i o I 1 ~ ~ a ~s w °I _ i .6-.» r I __ _____~ _ _--.- • aa ~~__ I ~[.. X9q ' '^ ~ ~~~ _ to t1 •n n I • °? .t Gi ~`-~' I i ~~ ,~~ ti ~ ~ n i ~ ~. ~ °~ i =~ ~ .. _.....-- N ~~ '~~ . ~ti' ;._ :." .~ ?' ~~ ASTAL Ingrid Kennemer, CCIM `~~~' ~ COMMERCIAL GROUP, LLC Marketing Plan The purpose of our marketing program is to implement a successful marketing plan in an expedi- tious and effective manner. Our aggressive marketing program will expose your property to the mar- ketand generate prospects. Our main objective is to attract qualified prospects for the property at the best terms and condi- tions that the market will bear. To accomplish this objective we will engage in the following tasks and execute them with tenacity and persistence: Signage We will provide an appropriate size sign, which includes the highly recognized logo identifying Coastal Commercial Group as your agent. This sign facilitates inquiries by aiding prospects and other brokers in identifying the property. Brokerage Communi Coastal Commercial Group's philosophy toward the brokerage community is one of full coopera- tion. Our goal is to make doing business with our firm easy and efficient. We encourage co- brokerage and every effort will be made to acquaint the brokerage community with the property. We will directly contact local brokers to keep them informed about the availability of units at the project as well as include them on our direct mail pieces. Marketing Highlights • Announcement: To begin the marketing program under "full power", there will be an announcement to the brokerage community communicating Coastal Commercial Group's new role as exclusive agent for your property. • Advertising: Market specific advertising toward the local and commercial publications. These publi- cationswill be rotated to maximize exposure to the market. 1. "The Heart of Delray" - a monthly direct mail news magazine sent to homes in Boca Raton, Delray Beach and Boynton Beach. 2. "Tradewinds" Delray Beach Chamber of Commerce monthly newsletter published by the Sun Senti- nel. Direct mailed to Chamber members and inserted in local newspaper distribution. 3. First Florida Commercial -monthly periodical available at South Florida grocery stores and mailed to the South Florida Brokerage community. 4. Other local community publications and advertising opportunities will be pursued as appropriate. • Internet: Our property listings are distributed on several commercial real estate Web sites such as ccim.com, loopnet.com and MLS. • Centers of Influence: Regular solicitation of meaningful "centers of influence" such as 1. Com- mercial Society of Palm Beach County-local commercial realtors 2. Delray Beach CRA 3. Chamber of Commerce 4. Delray Beach leaders including Commissioners and local Businesses. • Direct Mail: Flyers and postcards are mailed to Chamber of Commerce members from Delray Beach and Boynton Beach as well as commercial property owners in eastern Delray Beach and Boynton Beach. • Brochures: Brochures are a very important part of the marketing plan and are used in conjunction with prospecting and mail-outs. A brochure will be prepared and several targeted mailings will be completed immediately. ,, ; . --. ~ •.r. ;° ~Nt~'~~' ASTAL Your local professionals with proven results! COMMERCIAL GROUP,LLLLC We specialize in commercial and investment properties! Working as a team allows us to offer our clients a seamless integration utilizing our years of education, business experience and acumen, and of course, expert, first hand knowledge of the real estate markets in the Delray and Boynton Beach areas. ngrid contributes years of proven results in the commercial and investment markets, with an outstanding track record including five years of experience with the nation's largest home builder working in land acquisition, development, marketing and product development. Ingrid has a B.S. in finance from Florida State University and a M.B.A. in international finance and computer science from the University of Miami. Additionally, Ingrid has earned the coveted CCIM (Certified Commercial Investment Member) designation, which requires lengthy coursework, stringent requirements in terms of the number of and the dollar value of sales completed and rigorous testing. CCIM is a network linking thousands of commercial real estate professionals, representing every discipline in the industry. CCIM means national real estate contacts at the highest level. Additionally, Ingrid is a member of the Realtors Commercial Society of Palm Beach County. Ann brings to the partnership a strong financial and accounting background, with solid experience in office, retail and residential/mixed-use appiications. Ann holds a B.S. in finance from the University of Florida. Ann is has been certified as a member of Real Estate Cyberspace Specialist and is member of the Realtors Commercial Society of Palm Beach County. Together in the South Palm Beach County area we sold, leased and represented over $125 million dollars worth of transactions since 2000 alone. Only 1/10 of one percent of all Realtors in the United States rise to this exceptional plateau of sales production. We have maintained this level of quality service for the past twelve years and continually strive to provide our clients with the best local knowledge and professional service possible. We truly are "your local professionals with proven results"! We are confident we can provide the necessary professionalism and expertise together with time and effort to bring the results you are seeking. Ingrid Kennemer, CCIM _ ~gSTAL Ann Jara 561.441.0967 _~_.~.,,.LL ~.~ .,_Y..u ..~.,: _.~..~ .. _~.:,. 561.441.0967 ' ~ ~~ ~ COMMERCIAL GROUP, LLC Ingrid Kennemer, CCIM Objective: Professional career in Commercial Real Estate. Experience: 2003 -Present Coastal Commercial Crroup, LLC 1045 East Atlantic Avenue Suite 205 Delray Beach, Florida 33483 561.441.0967 ILKccim@aol.com Delray Beach, Fl. Broker-Principal Managing & marketing of all sales and leasing activity for clients in Delray Beach and Boynton Beach azea. 2002 - 2003 Coldwell Banker Florida Dekay Beach, Fl. 1999 - 2002 Arvida Realty Services 1996 - 1999 Prudential Realty Service Name change due to Corporate acquisition. Commercial Real Estate Broker-Agent Top producer for Delray Beach office 6 years straight. Annual production value $35M to $40. 1995 -1996 RJS Jackson Realty Corporation Boca Raton, Fl. Market Analyst Market, lease and property financial analysis. Creation and distribution of underwriting packages for Institutional Real Estate Investment properties. 1991- 1995 Pulte Home Corporation Deerfield Beach, Fl. Market Analyst Land acquisition analysis and market performance tracking. Customer researcher and product development. Track regional competition and analysis of product features and buyer incentives. 1990 Bush Klein Realty Miami, Fl. Graduate Internship Mazket update and tracking of available office lease inventory in the downtown Miami submazket. Developed system for tracking and computer input of data. Education: 1998 CCIM Institute • Certified Commercial Investment Member. 1989 -1991 University of Miami • M.B.A., in Finance and Computer Science. 1984 -1989 Florida State University • B.S., in Finance. Chicago, Il. Miami, Fl. Tallahassee, Fl. Associations: Certified Commercial Investment Member 1997 -present Florida Chapter Certified Commercial Investment Member 1998 -present Chamber of Commerce Delray Beach 1996 -present Delray Economic Leaders Political Action Committee 2006 -present Chamber of Commerce Boynton Beach 1996 -present Junior League of Boca Raton 1996 -present Board Member Junior League of Boca Raton 2002 - 2004 Cazing Kitchen Advisory Board 1999 -present St. Joseph Episcopal School Parent Organization 2002 -present References: Kevin Borkenhagen V.P. of Entitlements and Land Development Centex Homes 3301 Quantum Blvd. First Floor Boynton Beach, Florida 33426 561-536-1032 Fred Vandercook President KB HOME Charlotte Inc. 6135 Lakeview Road, Suite 250 Charlotte, NC 28269 704 969-5715 Mary Prince Managing Broker Coldwell Banker Real Estate 1185 East Atlantic Avenue Delray Beach, Florida 33483 56i-278-0300 Timothy Hernandez New Century Communities, Inc. 398 N.E. Sixth Avenue Delray Beach, Florida 33483 954-610-7400 ASTAL Exclusive Right of Sale Listing Agreement :..___. COMMERCIAL GROUi', LLC For Commercial Property This is a legal and binding contract on all parties hereto, including their heirs, legal representatives, successors and assigns and if it is not fully understood, OWNER should seek competent legal advice. This contract made and entered into by and between: City of Delray Beach ("OWNER" which term shall include singular and plural) and Coastal Commercial Group, LLC ("BROKER") OWNER hereby gives BROKER for a period of time commencing the day of ,and terminating the day of , or any renewal hereof ("Termination Date") THE EXCLUSIVE RIGHT AND AUTHORITY to find a purchaser of the real property and/or irnentory or assets, arrange a merger, lease, lease with option to purchase, rent or exchange for the herein described property and personally described in Paragraph 1(A). Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of the Agreement will automatically extend through the date of the actual closing of the sales contract. A. Description or real properly: Street address: SW Corner of NE 2 Avenue and NE 1 Street Legal Description: B. Description of personal property Including machinery, inventory, supplies and equipment): Upon the following price and terms: Cash Price: $ Per Unit to be determined Terms: (include special financing terms here) C. Interest on encumbrances, taxes, insurance premiums and rents shall be adjusted pro rata at the date of closing. Improvement liens, if any, will be discharged by the OWNER. The usual and customary time to be allowed for examination of title and closing of the transaction. Personal property to be included in the purchase price shall include all fixed equip- ment, and plants and shrubbery now installed on said property. It is understood that the sale is to include: the good- will and name as a going concern; furniture, fixtures and equipment as per attached inventory; advertising; contract rights; leases; licenses; rights under any agreement for interests except as stated herein. Seller agrees to comply with the Bulk Transfer Act of the Uniform Commercial Code, at his own expense when applicable. Seller shall convey title to personal property assets by Bill of Sale Absolute giving good marketable title unless the sale is a secured transaction, in which case a Security agreement will be required by the purchaser. The OWNER agrees at its expense to provide (a) preparation of and delivery to the Purchaser of a warranty deed or other conveying a marketable title free and clear of all liens except encumbrances of record assumed by the Purchaser as part of the purchase price (public utility easements); (b) abstract of title or binder for marketable title insurance policy; (c) documen- tary stamps for the deed; (d} Seller's attorney fees; (e) recording fee for satisfaction of existing mortgage is paid off. 2. BROKER agrees: A. To process Property through Multiple Listing Services. B. To inspect and become familiar with the Property and promote its sale; C. To present all offers and counter-offers in a timely manner regardless of whether the Property is subject to a contract for sale; D. To advertise Property as BROKER deems advisable in newspapers, publications or other media; E. To the extent not in conflict with BROKER'S duties under paragraph 6 below, to furnish information requested by another agent or licensed real estate broker and to assist cooperating broker in closing transaction on the Property when requested. F. To take all reasonable precautions to prevent damage in the process of showing Property or permitting others to show Property, but BROKER accepts no responsibility for loss or damage; and G. To utilize not utilize the name of the OWNER in connection with marketing or advertising of the Property either before or after sale; H. To represent the OWNER, and thereby is authorized to accept, receipt for and hold all monies paid or deposited as a birxier or deposit on the purchase of the Property, and the duties of the BROKER relative thereto shall be in accordance with the laws of the State of Florida and regulations of the Florida Real Estate Commission; and Seller's Initials Buyer's Initials Page 1 of 3 3. OWNER agrees: A. To pay the BROKER compensation in accordance with the terms of this Agreement set forth in paragraph 4 below; B. To give BROKER permission to pay other brokers such compensation in a manner acceptable to the brokers; C. In the event of an exchange, to permit BROKER to represent all parties and collect compensation or commissions from them. BROKER is authorized to pay other brokers such compensation or commissions in any manner acceptable to brokers. D. To pay compensation due BROKER if Property, or any interests therein is sold, leased or contracted to be sold or leased or otherwise transferred within 90 days after Termination Date to anyone to whom the Property was submitted by or through the efforts of any BROKER or the OWNER before the Termination Date. However, the obligation to pay such compensation to BROKER shall cease if a bona fide Exclusive Right of Sale Contract is entered into after Termination Date with another licensed BROKER and a sale, lease, exchange or contract therefore, of the Property is made during the temY thereof; E. To notify the BROKER in writing before leasing, mortgaging or otherwise encumbering the Property and to provide details of any such encumbrances; F. To refer immediately to BROKER all inquiries relative to the purchase or leasing of the Property. G. To warrant accuracy of information set forth herein and on the data sheets, exhibits and addenda attached hereto and to indemnify and save harmless BROKER and those relying thereon for damages resulting from errors contained therein; H. To furnish BROKER with keys to the Property andlor make the Property available for BROKER to show during reason- able hours; I. To pay any applicable sales tax when due; J. To obtain any information relating to the present mortgage or mortgages on the Property including existing balance, interest rate, monthly payment, balance in escrow and payoff amount; K. To authorize BROKER to place "For Sale", "Under Contract" OR "Sale Pending" signs upon the Property and to remove the signs upon termination of this Agreement or sale of the Property; and L. To otherwise cooperate with the BROKER in carrying out the purpose of this Contract. M. Provide all reasonable financial information, including but not limited to balance sheet, etc. 4. Compensation: OWNER agrees to pay BROKER as follows, including paying all taxes, if any, on BROKER'S services, if BROKER, any agent of BROKER or a Buyer's Broker procures a buyer who is ready, willing, and able to purchase, lease, or exchange the property, andlor inventory of the OWNER, and/or assets of the business whichever is applicable, on the terms of this Contract or any other terms acceptable to OWNER. The stated compensation shall be paid to the BROKER in the event of a sale, exchange, or transfer of any interest including stocks or shares in the Property during the term of this contract, whether such transaction, sale or exchange be accomplished by the BROKER or any other person or entity including OWNER: A. 6°~ of gross sales price, including fees BROKER may pay to cooperating brokers. OWNER shall pay this fee at the time, and from the proceeds, of closing. B. In the event the Property is leased during the term of this Agreement, OWNER shall pay to BROKER a leasing fee of 6% of gross lease amount. The fee shall be paid to BROKER when BROKER, OWNER or anyone working by or through BROKER produces a tenant acceptable to OWNER. If the tenant purchases the Property at any time, even if such a purchase is subsequent to the expiration date of this Agreement, BROKER shall be paid the stated compensation set forth in Paragraph 4A at the time of closing. C. In the event that deposits) be retained, 50°~ thereof, but not exceeding the compensation provided above, shall be paid to the BROKER as full consideration for BROKER(S) services, including costs expended by BROKER, and the balance shall be paid to OWNER. If the transaction shall not be closed because of refusal or failure of OWNER to pertorm, the OWNER shall pay the said compensation in full to BROKER upon demand. 5. OWNER understands that this Contract does not guarantee the sale of the Property but that it does assure OWNER that BROKER will make earnest and continued effort to sell the Property until this Contract is terminated. 6. (CHECK ONE) OWNER DESIRES X DOES NOT DESIRE UTILIL4TION OF A LOCKBOX SYSTEM. IN THIS REGARD, OWNER HAS BEEN INFORMED THAT THROUGH THE USE OF A LOCKBOX SYSTEM, THE PROPERTY MAY BE MORE READILY SHOWN TO PROSPECTIVE BUYERS, BUT THAT PERSONAL PROPERTY OF OWNER, MAY, THEREFORE, BE MORE SUSCEPTIBLE TO THEFT OR DAMAGE. OWNER AGREES THAT THE LOCKBOX, IF UTILIZED, WILL BE FOR THE BENEFIT OF OWNER AND RELEASES BROKER AND THOSE WORKING BY OR Seller's Initials Buyer's Initials Page 2 of 3 THROUGH BROKER, AND THE BROKER(S) LOCAL BOARD(S) AND/OR ASSOCIATIONS OF REALTORS FROM ANY LIABILITY AND RESPONSIBILITY IN CONNECTION WITH ANY LOSS THAT MAY OCCUR. THE BROKER ADVISES AND REQUESTS THE OWNER TO SAFEGUARD OR REMOVE ANY VALUABLES NOW LOCATED ON THE PROPERTY AND TO VERIFY THE EXISTENCE OF OR OBTAIN PROPER PROPERTY INSURANCE. SHOULD A TENANT BE IN THE PROPERTY, THE SELLER SHOULD NOTIFY THE TENANT IN WRITING OF THE USE OF A LOCKBOX. 7. OWNER authorizes BROKER, upon execution of a contract for sale and purchase, to notify the Multiple Listing Service of the pending sale and after closing of the sale to disclose sale information including the sales price to the Multiple Listing Service, other REALTORS and appraisers. 8. In the event any litigation arises out of this Contract, the prevailing party shall be entitled to recover reasonable attorney fees and costs. 9. TERMINATION: This Contract shall terminate as of the Termination date unless sooner terminated as provided below: A. If OWNER decides, because of a bona fide change in circumstances, nat to sell the Property, this Contract shall be conditionally terminated as of the date OWNER executes a Withdrawal Agreement and pays BROKER a cancellation fee of $500.00. If OWNER contracts for sale to anyone after the agreed early termination date but on or before the original Termination Date, then the early termination provided by this paragraph shall be voidable by BROKER and OWNER shall pay BROKER the compensation stated in paragraph 4, less the cancellation fee paid pursuant to this paragraph. B. If at any time during the term of this Contract, BROKER determines that the proceeds from the sale of the Property which OWNER would reasonably expect to receive will not be sufficient to pay the compensation due BROKER, then this Contract may be terminated by BROKER upon three days written notice to OWNER. 10. MANDATORY ARBITRATION: ATTORNEYS' FEES: All claims, disputes, and other matters in question between the parties arising out of or relating to this Contract, or any addendum or addition, SHALL BE DECIDED BY MANDATORY BINDING ARBITRATION in accordance with the Florida Arbitration Code, Chapter 682, Florida Statutes. Each party shall select any arbitrator and the two arbitrators so chosen shall choose a third arbitrator. The three arbitrators so chosen shall hear and determine the matter. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER THE FLORIDA ARBITRATION CODE, and judgment upon the award rendered by the ARBITRATORS may be entered by the Court having jurisdiction thereof. In connection with any such arbitration or litigation, the. prevailing party shall be entitled to recover all fees and costs incun'ed including reasonable attomeys' fees. OWNER has been advised and consents to permit BROKER to file a lien against the Property, if applicable, for unpaid real estate commission and all other sums due under this Agreement, including interest, attorneys fees and costs, have been paid in full. 11. COMMERCIAL LIEN ACT DISCLOSURE: The Florida Commercial Real Estate Commission Lien Act provides that when a BROKER has eamed a commission by performing licensed services under a brokerage agreement with you, the BROKER may claim a lien against your net sales proceeds for the BROKER'S commission. The BROKER'S lien rights under the act cannot be waived before the commission is earned. Date: Seller(s): (print name) Telephone #'s: Home Work Cell Fax: Address: E-mail: Signature of Seller Signature of Seller Date: Authorized Listing Associate or Broker: Ingrid Kennemer, CCIM Brokerage Finm Name: Coastal Commercial Group, LLC Telephone: 561-441-0967 Fax: 561-243-0097 Address: 1045 E. Atlantic Avenue Suite 205, Delray Beach, FL 33483 Email: ilkccim(e~aol.com Signature of Broker Copy returned to Seller on the _ day of . by:_personal delivery mail fax Seller's Initials Buyer's Initials Page 3 of 3 `,b"~~ A~~ ,.,` z ,lw ~~. ~_~ ~; The Real Estate Leaders Susan A. Ruby Esq. 200 N.W. 1St Avenue Delray Beach, Fl. 33444 Dear Attorney Ruby; March 28, 2007 As per our phone conversation, I am submitting to you my proposal for the exclusive listing agreement between Delray Community Redevelopment Agency and Joe LaViola and Re/max Advantage Plus, in connection with Old School Square Expansion retail space. I am a licensed full time Real Estate Agent with Re/max Advantage Plus, Delray Beach. We have 5 other offices and 150 agents in our company. I have enclosed a proposal and I am open to any suggestions or guidelines the Delray Community Redevelopment Agency may have in connection to the sale of this retail space. Please feel free to call anytime if you have any questions. Thank you for your consideration. ~~ Joe LaViola Re/max Advantage Plus 400 E. Linton Blvd. Delray Beach, Fl. 33483 561-279-7800 561-445-4712 RE/MAX Advantage Plus tE:~r~l V E:® MAR 2 8 2007 CITY ATTORNEY Downtown - 601 S. Federal Hwy. Suite 100 • Boca Raton, FL 33432 • Office: 561-394-7800 • Fax: 561-394-7608 Wharfside - 6901 S.W. 18th St. Suite 101 • Boca Raton, FL 33433 • Office 561-447-7800 • Fax: 561-447-7022 West Boca - 21737 State Rd. 7 • Boca Raton, FL 33428 • Office: 561-210-0050 • Fax: 561-210-0051 Midtown - 2250 Glades Rd. • Boca Raton, FL 33431 • Office: 561-210-0000 • Fax: 561-210-0001 Delray Beach - 400 E. Linton Blvd. Suite G5 • Delray Beach, FL 33483 • Office: 561-279-7800 • Fax: 561-278-3900 Country Club - 1906 Clint Moore Rd. Suite 4 • Boca Raton, FL 33496 • Office: 561-826-7800 • Fax: 561-826-7810 Each RE/MAX® office is independently owned and operated. PROPOSAL Exclusive Real Estate Listing Agent Old School Square Expansion Services and marketing campaign to include and not limited to: Listing retail property for sale on MLS, Loopnet.com, and Remax.com. Place ads in Commercial Real Estate Magazines. Produce and distribute brochures/ letters, describing the retail space available, parking, location, description, pictures, and highlights of Delray Beach to prospective buyers. Promote this location in Pineapple Grove Way as a Unique Shopping Destination. Personally contact Independent Retail Owners, National Chains, Ladies and Men's Apparel Shops, Shoe Stores, Jewelry Shops, Art Galleries, Boutiques Specialty Shops, and Restaurants. Personally be available 7 days per week, in person, to talk with prospective buyers on site, buyer's location or Re/max Advantage Plus office. Place signs at location on both 2nd. Avenue and N.E. 1St. Street, with company name, contact person and contact phone numbers. Connections with local banks for commercial loans and local attorneys for legal purposes and contracts for prospective buyers. Compensation will be 6% of the selling price. Listing agreement will continue without interruption until all retail space is sold. In the event the Delray Community Redevelopment Agency decides to lease any or all of the retail space, same marketing plan would apply. Broker participation is welcome. Joe LaViola Re/max Advantage Plus 400 E. Linton Blvd. Delray Beach Fl. 33483 561-279-7800 RE/MAX Advantage Plus Downtown - 601 S. Federal Hwy. Suite 100 • Boca Raton, FL 33432 • Office: 561-394-7800 • Fax: 561-394-7608 Wharfside - 6901 S.W. 18th St. Suite 101 • Boca Raton, FL 33433 • Office 561-447-7800 • Fax: 561-447-7022 West Boca - 21737 State Rd. 7 • Boca Raton, FL 33428 • Office: 561-210-0050 • Fax: 561-210-0051 Midtown - 2250 Glades Rd. • Boca Raton, FL 33431 • Office: 561-210-0000 • Fax: 561-210-0001 Delray Beach - 400 E. Linton Blvd. Suite GS • Delray Beach, FL 33483 • Office: 561-279-7800 • Fax: 561-278-3900 Country Club - 1906 Clint Moore Rd. Suite 4 • Boca Raton, FL 33496 • Office: 561-826-7800 • Fax: 561-826-7810 Each RE/MAX® office is independently owned and operated. The Real Estate Leaders ql/jam( ~ ! ~~f/j l~~~VG~lr9~~~~~ " '" _ ~.../ RenltyGroup 5/11/07 Deaz City Commission, The Old School Square Pazking Gazage represents a unique opportunity to impact the tenant mix in the pineapple grove arts district. The original cluster study recommendations call for shops such as home furnishings, antiques, Arts and frame shops etc. These Ideas aze still valid, but we recommend performing a gap analysis to determine what businesses aze most desired and feasible with current building and tenant costs and then pursue those types of businesses. It would not be in the cities best interest to just place a sign out front and see who bites. Now is the time to be strategic regarding the placement of new businesses in this important corridor. As potential clients are found, we should also consider their placement in the upcoming Community Land Trust 600 and 800 block proiects. Even though these are not in the same cluster, they can impact each other positively and negatively and we should work synergistically with businesses wanting to relocate to Delray Beach. We need to make sure this is a vibrant block with businesses and activities that support surrounding amenities such as the Crest Theatre and the planned pazk. Placing the Chamber of Commerce there could be a very positive move, but only if the Chamber has weekend and evening hours. (This possibly could be achieved with a smaller information azea with extended hours) I look forwazd to next Tuesday and I we would very much like to work with the city on this project. Sincerely, / Bill Bathurst 1 ~~ ~G~~~-~ Really Groat' OUR SERVICES • Commercial Property Sales & Leasing Today's real estate fundamentals are dynamically changing. Because our group of professionals specialize in all facets of commercial real estate we are able to keep abreast of the market and in focus with client needs. Our due diligence process is paramount; we combine unwavering market research with individualized financial analysis for each property transaction. Our close knit group allows for out of the box thinking providing clients with optimum solutions. • Tenant and Buyer Representation The speculative economy and ever-changing business practices make (lease vs buy) a difficult decision. At Bathurst Laymon Realty Group, we understand this and combine our expertise with sophisticated financial software to help you make a cohesive decision. We provide clients with space and business needs analysis, transaction negotiation, site selection solutions, build-out consultation, steadfast monitoring of the market, and identification of alternatives. • Exchanges The impact on portfolios through acquisitions and dispositions can become a strenuous event. As political policies reform, client solutions change and sometimes go unnoticed. Our group monitors these changes so we can provide a vast pool of options to draw from. Additionally, our financial analysis capabilities allow us to gauge impacts on portfolios on aclient-by-client basis. • Development Our reputation with the community has allowed our team to locate and secure some of the best locations. Whether you're looking to acquire a site for your company's headquarters, or you're a real estate development group; our professionals keep track of inventory in our market and provide you with the best analysis of market pricing and valuation. • Investment Acquisitions ~ Dispositions Selecting the best property for your investment objectives is not always an easy task. By understanding the real estate product we are able to display the advantages and drawbacks for all types of real estate investments. By combining our expertise with your investment goals, we are able to provide the best solution for entering and exiting real estate properties. 1 ~~ ReaityGrovp Marketir~9- Pro~-rarn Selling commercial real estate in today's complex market requires in-depth knowledge of market trends and fast, strategic sales promotion that produces results. Once you sign a listing agreement with Bathurst Laymon Realty Group, we use the most up-to-date technology to create an exciting and dynamic marketing program to provide the greatest exposure for your property. ~ Place your property on the Southeast Florida Regional Multiple Listing Service covering all of Palm Beach Miami-Dade and Broward Counties. ~ Post your property on Loopnet, the most widely used national commercial listing database. ~ Prepare a time lined marketing strategy. ~ Arrange professional photography for your property. ~ Prepare professionally written full-color property brochure. ~ Market your property on the Internet via our website and our database affiliations. ,~ Direct mail your property brochure to all realtor members of the National Multiple Listing Service from Palm Beach to Key West. ~ Direct mail your property brochure to residential agents who have commercial tenants and buyers. ~ E-mail property brochure and e-postcard sales promotion to targeted buyers. ,r Target market to prospective buyers who have purchased similar properties within a 1 to 5 mile radius of your property. ~ Advertise your property in newspaper and magazine publications. ~ Market your property through our international referral network. ~ Prepare a press release for your property to be distributed to media. ,~ Network with other realtors, on a regular basis, by telephone, direct mail and e-mail. ~ Present your property to all Bathurst Laymon Realty Group customers interested in your type of property, area and price range. r Host broker open houses to ensure maximum exposure to the real estate community. ~ Provide design service to originate a website on the Internet dedicated exclusively to marketing of your property. ~ Submit weekly activity and marketing evaluation reports. Your marketing program will be customized to suit the particular property. It is at the discretion of your BLRG to include or exclude any item in the marketing plan based on a variety of factors such as price, market conditions, location of the property and length of the listing agreement. Susan A. Ruby, ESQ City Attome~, Delray Beach 200 N.W. 1 g Ave Delray Beach, FI 33444 Dear Susan, Thank you for the opportunity to discuss my firm handling the disposition of the cities Parking Garage retail space. Our brokerage has primarily focused on representing' clients in both the acquisition and disposition of investment properties. I personally have sold and leased commercial properties within blocks of the parking garage and would love the opportunity to represent the city in this signature project Recently, we completed the lease acquisition in Downtown West Palm Beach of ,corporate headquarters for Petters Group Worldwide, owners of Sun Country Airlines, Polaroid, Sunbeam, Oster and other national brands. Now that this and other projects are complete we could focus our full attention on the Parking Garage Project. We do not have any competing projects to pull our full attention away from the marl~eting of this project. With extensive market data, research, and a history of success at dur fingertips, We can provide comprehensive investment analytics that help to evaluate and increase return on investment, whether you decide to sell, lease or do a combination of both.ln this folder, I have included lease and sale comparables in the area. Very briefly, comparable leases are running at around $30.00/sflYear NNN and sales are running realistically in the $360-$400/foot. We will have to work with the City to determine CAM fees or Condo Fees. These of course vary based on operating expenses. 1045 East Atlantic Avenue Suite 305 Delray Beach Florida, 33444 561 573 2701 I would also like to work with the city to determine what businesses we would market the locations to. As opposed to only advertising the location in the appropriate listing portals, 1 would prefer to proactively search out clients by developing a plan that outlines the type of shops we need and want as a city. New concepts actively looking for locations promote themselves to shopping centers at the ICSC (International Council of Shopping Centers). Goldstone creamery for example was brought to the area because of their exposure at this show. Susan, as you may know my family has been in Delray since the 1930's and we are very active in the community. The continued successful growth of Delray is important to me and I would be committed to delivering quality tenants or buyers to the project. Our firm is a member of the Palm Beach and Miami/ Dade Board of Realtors and MLS, we are Members of The Palm Beach Realtors Commercial Alliance, CCIM.net. and Costar. These memberships assure our properties are marketed locally ,nationally and worldwide. I believe we are the only Commercial Realtors in the Area to belong to all these organizations. Sincerely, ~ ~ , Bill Bathurst Broker/Owner Bathurst Laymon Realty Group 561 573 2701 Bathurst Group Bruiness Dradopmrnt d Conrukanry "Creating a new eaperieoce through reinventing and reteoanting" William D Bathurst INTRODUCTION For the past several years the shopping center industry has been facing a myriad of troublesome issues: near stagnant retail sales, high vacancy rates, and intense competition. While their are many causes for the problems facing shopping centers, shopping center owners and developers still need ways to address the nagging issues and improve performance. There are many shopping centers that have responded well to adversity and are thriving, and there are many others in a state of decline, still others in severe distress. What many of the successful center developers have done is to reinvent their centers, by such means as extensive repositioning/redevelopment strategies. For developers seeking growth strategies in this competitive mazket, there has been the creation of new formats. This issue of The Bathurst Report takes an in-depth look at regional shopping centers and how they have adapted to anever-changing retail environment. Reviving the Center takes a look at how declining centers can be reinvigorated through renovations and retenanting, or if necessary, total reconfigurations. Reinventing the Center takes a look at the recent growth of a new format, the value regional center, and how it has been developed as a response to consumer preferences and adapts some of the best characteristics of existing formats. REVIVING THE CENTER The increase in overall retail square footage, the emergence of the power center format, and changing consumer habits have all contributed to some difficult times for shopping centers. The aforementioned problems have been exacerbated by the aging of many centers. Throughout the United States today, there are many shopping centers that not only have declining consumer patronization and increasing vacancy rates, but also look physically worn. As a response to these problems, many shopping center owners and developers have implemented repositioning/redevelopment strategies to reverse the decline of their centers. Many of these strategies begin by gaining a better understanding of the consumer and mazket, and finish with significant physical alterations to the center with the goal of improving its attraction and ultimately its performance. Shopping centers have faced numerous changes in consumer patterns, particulazly a decline in patronization and shifts in demographic characteristics. To best understand these changes, numerous shopping centers have undertaken research studies to detail exactly what trends are occurring within a center's trade area and market. Information about the consumer, via traffic surveys and/or consumer reseazch, has been critical in providing information about who shops at the center, where they come from, and how much they spend. A thorough understanding of the consumer has provided the framework upon which shopping center owners and developers base decisions about how a center should be altered to better meet the needs of current and potential patrons. Along with a thorough knowledge of consumers, shopping centers in a repositioning mode have also focused attention on the competitive framework in the marketplace. Assessing competition provides information regazding such factors as which shopping centers have the. greatest impact on the center in question, what type of retail opportunity exists, and how a center can differentiate itself from existing centers in the mazket. Competitive information is often acquired through field work. In addition, consumer surveys can provide insight into how consumers perceive various shopping opportunities in a market. Combined with the consumer data, competitive information is a powerful tool in making decisions about the future of a shopping center. In recent years, shopping center owners and developers have been fuming their market information into aggressive repositioning activities in hopes of strengthening weak centers and completely revitalizing distressed centers. The majority of large scale repositioning strategies have been focused around three areas: renovation, retenanting, and reconfiguring. More often than not, the strategy typically used involves a combination renovating and retenanting. In some cases, complete reconfigurations, along with renovating and retenanting, takes place. These strategies have been implemented to reenergize centers by creating a "new" and exciting shopping environment, with the ultimate goal of improved productivity. Renovations of shopping centers provide physical upgrades to facilities that have a worn and dated look. Physical problems present in older centers include a lack of vibrant lighting, extensive use of drab colors, absence of food courts, and dilapidated restrooms. The visual impact of a center upon shoppers' perceptions has been well documented, particularly when the impact is negative. Correcting physical problems has been effective in communicating an usage that a center is a clean, safe, and fun place to shop. Reviving a center visually, and often at the same time functionally, has been an important move for many centers to provide a "modern" feel and match newer centers on an aesthetic level. Renovations are often combined with an expansion of retail space, providing an even greater opportunity to add new and exciting tenants, as well as increase the overall attraction of a center. Renovating, while providing a pleasant shopping experience by improving aesthetics and eliminating negatives, does not ensure a mall's success. When a renovation is combined with a significant retenanting plan, however, significant benefits have been realized. New retailers provide renewed interest in a center and often stimulate improved customer traffic. Shoppers who may have grown tired of "the same old stores," find a renovated and retenanted center to be a new experience. The likelihood of increased sales from consumers also rises. The combination of new tenants and new aesthetics provides a new vitality to stimulate customer excitement. The renovation and retenanting strategy has worked best with regional centers that were once dominant, have faltered slightly, but not drastically. Just a few examples of the many projects where malls have renovated to improve their performance and better meet their consumers' demands include: Northgate Mall, Cincinnati, Ohio; Riverside Square, Hackensack, New Jersey; and the Mall at Short Hills, Millburn, New Jersey. As part of the renovation strategy, many malls are also expanding. For example, the Mall at Short Hills added thirty-five new stores, including three new anchors. These malls have been able to renovate Iazgely because they have retained their competitive positions in the market. In addition, these centers are located in markets with large numbers of ai~luent shoppers. While the initial costs of renovation and expansion may be expensive, good locations and strong mazkets can provide the financial pay-back. While some malls are fortunate enough to be positioned in upscale areas with limited competition, some centers face more difficult mazket conditions. Many regional shopping centers have been dramatically impacted by the construction of newer, often lazger, shopping centers. Typically, these centers simply cannot compete with the newer centers in a traditional format Under this scenario, center developers and owner. have begun to pursue significant reconfiguration strategies, in addition to renovating and retenanting. A costly, but potentially effective solution is demalling. Demalling involves conversion from an enclosed regional mall to a power center format via elimination of ancillary tenant space and replacement by power retailers. Demalling replaces an out-dated retail format with a more current and viable format While the logistics and costs are significant, demalling is often a necessary option for centers unable to succeed as a traditional mall. A good example of a demalled center is Kenwood Mall in Cincinnati. Located in a prime location, Kenwood Mall was no longer able to compete with the newer Kenwood Towne Center across the street. As a response, Kenwood Mall replaced its anchors and small shops with big-box tenants such as Barnes 8c Noble, Computer City, and Old Navy. Reopened as Sycamore Plaza at Kenwood, the center successfully filled an available market niche. Depending on the center, market demographics, competition, and logistics, many distressed retail centers have adopted aggressive repositioning strategies. Many of these strategies have been successful in increasing consumer traffic and ultimately the sales of the center. As markets continue to be saturated, and centers continue to age, the trplxrrlw~ities fire center repersiliuning and redevelopment will continue lu grow. it is up to the shopping center owners, developers, and mangers to recognize these changes and adapt accordingly. REINVENTING THE CENTER One of the more well-publicized shopping trends in recent times has been consumers' preoccupation with "value." While value has many divergent definitions, it can be generalized as the perception of receiving a quality product at a good price. A good price would typically be defined as a cost lower than full price, whether achieved through a sale, markdown, or via an outlet. Much to the dismay of many traditional retailers, many shoppers will no longer buy merchandise unless it is "on sale." While this discount strategy has increased sales for many retailers, it has also taught consumers to expect constant markdowns. Few retailers have escaped the impact of the discount philosophy, even past stalwarts of margin protection -- traditional department stores -- have resorted to significant sale events to promote the value aspect of their products. To satisfy consumers demand for "value" ietail, some developers have ventured into the outlet mall arena. Between 1988 and 1996, square footage in outlet centers grew from approximately 14 million square feet to over 50 million squaze feet. While outlets represent a small percentage of total retail square feet, the growth rate indicates a cleaz response on the part of developers to changing consumer demands. However, outlets are also facing some problematic issues, primarily the maturing of the industry and ever changing consumer preferences. Consumers who are increasingly short on time may find an outlet center too distant, or simply lacking in the conveniences offered by many regional centers, particularly food and entertainment. As a response to consumers' ever changing needs, and the shortcomings of outlet centers and other retail formats, a new concept has emerged, the value regional mall. What exactly is a value regional center? The value mall is not so much a new concept as it is a fusion of several existing retail formats. The value mall combines concepts and ideas from outlet centers, traditional regional malls, power centers, and entertainment complexes. By combining previously unassociated concepts, developers have created a unique blend of retail choices and entertainment opportunities. The value mall concept has been driven not only by consumers' demand for "value," but also an exciting shopping environment with entertainment possibilities. Value regional centers differ from outlet and traditional centers in terms of composition, consumer base, and locational strategies. Value regional malls are enclosed shopping centers that mix discount, outlet, and off- price retailers, as well as significant food and entertainment offerings. Traditional department stores are usually absent. Even with the absence of traditionals, the number of anchors is high, often between 10 to 1 S. The large number of anchors contributes to the centers' large sizes, usually a minimum of 1 million square feet of gross leasable space; typically though, sizes range from 1.5 to 2.0 million square feet. Retail offerings are supplemented with a large food and entertainment component, reaching upwards of 25% of total space. The food and entertainment offerings supplement the retail mix to provide shoppers with a complete experience. The value center provides the "value" through outlet and big-box stores, while at the same time providing the enclosed setting of a traditional center as well as significant food and entertainment options. The unique composition of a value regional is supported by a consumer base that is often larger and more diverse than a power center or traditional mall. Value regionals attract a wide scope of consumers, ranging from value-oriented to upscale. The differentiation of the value center from other formats in a market enables the center to draw from an entire metro area and compete effectively with established centers. It is not uncommon for a value mall to draw consumers from aforty-mile radius. Shoppers may not be as willing to travel to the other side of a market for a store that they can patronize at a closer mall, but they may be willing to do so for a value mall that offers a unique blend of value retailers. Tourists provide an additional boost to the wide consumer base within a metro market. It has been reported that tourists account for up to 25% of all shoppers at value centers. In fact, most value malls implement significant tourist marketing campaigns and have special programs (e.g. charter buses) for both domestic and foreign travelers. Further enhancing a value center's unique composition and strong consumer base has been the location strategy of these centers. Value centers have optimally positioned themselves by obtaining excellent locations within large markets. Most value centers have located in metro markets with at least three million people, often four to five million. The locations within the market itself are often similar to a traditional center, along a high volume interstate within a metro area. Due to the fact that the differences between outlet and "fiill-price" retailers have blun~ed, value centers have not been as constrained as outlet centers in terms of locating closer to major metro markets. The development of the value mall concept has been pioneered by the Mills Corporation. The Mills Corporation has opened several "Mills' projects," and is planning on opening several additional centers. Ontario Mills, recently opened in the Los Angeles market, is a good example of a value regional center as it exists today. Ontario Mills is a 1.7 million square feet value mall with approximately fifteen anchors and two-hundred ancillary tenants. A few of the anchor tenants at Ontario Mills include: Burlington Coat Factory, JC Penney Outlet Store, Marshalls, Saks Fifth Avenue Outlet, The Sports Authority, and TJ Maxx. In addition to the retail offerings, Ontario Mills has approximately 250,000 square feet dedicated to entertainment, including athirty-screen AMC Theatre. Ontario Mills succeeds by blurring the lines between once separate retail categories and combining them under one roof, providing a new and practical shopping experience. The development of the value regional mall, now being implemented by other developers in addition to and in conjunction with the Mills Corporation, is clearly the result of the ever present axiom: change. Premier developers of quality super regional centers, such as The Taubman Company, are among those entering the value regional mall field. Value centers have developed not only in response to consumers preoccupation with "value," but also as a competitive response to the shortcomings of traditional, power, and outlet centers. The value mall is not so much a "new" concept as it is a fresh application and combination of many of the "best" aspects of existing formats. History has shown us that success in retail, from individual stores to entire shopping centers, often requires an ability to adapt, even if adapting means reinventing. Retail Site Location Assessment SITE DEVELOPMENT CONSIDERATIONS Store Size Site Grade Square Feet: Above Grade Frontage: At Grade X Depth: Below Grade Signage Maximum sq.footage TBD Which exposures should be signed to maximize visibility? EAST & NORTH ^ Front ~ Side Right (as faced) ~ Side Left (as faced) ear Llrniting Criteria Color (explain) : Red Lighting (explain) Any LL Criteria as Limitations? TBD Speciy: Any code Limitations? Specify? TBD Recommendations: Maximize signage by using two lines TIMING _. Occupancy Condition Vanilla shell Anticipated Possession Date: 1/0/1900 Anticipated O pen Date: 3/1/1900 Demo By Landlord By tenant Existing Occupied Anticipated Vacancy Date: Vacant Lease Expiration Date: Buy Out - Y/N? NO Termination Agreement - YIN? NA Has Tenant Been Notified - Y/N? NA Existing Vacant Landlord New Landlord Remodel LL is expected to deliver with our vanilla shell (Exh. C) minus several items noted on document Timing of Anchor Tenant Opening if anchored shopping center: If Landlord work, when will work be completed: 1/0/1900 Any Penalties? No Self Help for tenant -YIN? TBD Can tenant work side by side -YIN? existi Base HVAC: Plumbi Issues Potentia 'AILS AIRVISION Confidential 1 of 2 5/11 /2007 MEMORANDUM TO: Mayor and City Commissioners FROM: obert A. Barcinski, Assistant City Manager THROUGH: City Manager ~//~ DATE: May 8, 2007 SUBJECT: AGENDA ITEM # ~ ~ ~ - REGI7i,AR SPECIAL EVENT REQUEST -BAHAMIAN CULTURAL FEST ITEM BEFORE COMMISSION City Commission is requested to endorse the 1St Bahamian Cultural Fest sponsored by Ebenezer Wesleyan Methodist Church proposed to be held on Saturday, July 14, 2007 from 11:00 a.m. to 7:00 p.m., on the grounds of Old School Square. Commission is also requested to authorize staff support for security and traffic control, EMS and site clean up assistance. BACKGROUND Attached is a copy of the event permit, site plan, budget and Certificate of Liability Insurance received from John Barry Dassie on behalf of the church for this event. This is a first time event and is a conch and rib fest, which will allow attendees to experience the heavenly foods and rich culture of the Bahamas. There will be no charge for this event. The event is designed as a fund raising event. The estimate overtime costs for this event for City services is $4,020 with on site EMS assistance. Per Special Event Policies and Procedures, since this is a first time event there are no charges for City services. RECOMMENDATION Staff recommends consideration of approval of the event and staff support as requested, contingent on the receipt of the standard City Hold Harmless Agreement. RAB/db Attachment U:lwwdatalEvents~Bahamian Cultwal Fest~.Agenda Item Bahamian Cult Fest 2007.doc 1 ~ . ~ Z DELIGIY BEACH ~- PLEASE PRINT Zoos Event Approved/Denied Date of Approval/Denial Approved/Denied by ___ Title City of Delray Beach Special Event Permit Application 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. Event Name/Title: Event Sponsor/Producer: ~bGY'~Z~-1~ W 1 b < Event Contact/Coordinator: 2~ Address: ~b ~ Telephone Number - Cellular N ber: .~ -- 7D-3' ~ E-mail Address: ~ Event Description:`~~Q_YV~j,_ Y '~'+ - (If neighborhood block party, then please -skip questions #10-35 and go to question #36) Sponsor Category: (please check) City ^ Non-Profit/Charitable ^ Private t~ Co- Sponsor -Non-Profit/Private ^ (!f Non profrt attach proof of 501 c~3),~c(4~ (6(90) or c(19)) Event Location/Address: ~~ L~n.YC.,- Site plan attached: ~ yes~_ no (Site plan required for entire event site) ` Event budget attached: yes / no (Required for all events) _ 1~ Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes ~ no (Required two (2) weeks prior to event nam ing the City as additional insured, also required for vendors) ~ Playing of amplified music: no yes (V1/aiver required) ~ /~ Requesting Police assistance: yes 'V no (Traffic control/security) 1 ' ,ice ~iM ` . Y 17. Will supplement with private security: yes V no (!f yes, need: plan atfached) / ~ 18. Requesting Emergency Medical assistance: yes V no . 19. Requesting barricade assistance yes no 20. Requesting trash removal/clean up assistance: yes no 21. Requesting trash boxes and liners: yes no~ 22. Requesting stage use: yes no (If yes, check type) Large stage covered- ^ Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage : / yes no Type: Event sign 54'x4' 1/ Directional signs fi o Banner hanging Indicate dates required / a~7 (Waiver required if more than one (7) week prior to eve t) 24. Food and beverage vendors: yes_~ no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 25. Health Department approval: (see attached) yes no 26. Other vendors: yes no 27. Tents: yes no (If yes, tent permits and fire inspecfions maybe needed) ~~Ytl-'~ 28. Will the event include amusement rides? requiring state approval? /' yes no f~ (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 (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yes no (!f yes, contacf Fire Marshall) ~ 31. Will there be cooking with compressed gas? yes no (!f yes, contact Fire Marshall) 32. Will you be providing port-a-lets for the event? yes no (If yes, locate on-site map. !f no, indlcate how you will handle restroom needs) ~ 33. Will there be a charge for the event? yes no_ (!f yes, indicate ticket prices) 34. Is reserved parking requested? yes no (If yes, indicate locations) 2 ~. ,. i' ~ h. 35. Neiahborhood Block Parties • Is event sponsored by the Homeowner's Association? yes no (If not, then individual(s) submitting permit applic i~n~nust also submit a petition signed by 51 % of the homeowners eve on the block) • Please note the following:1) Ap a s will only be given for a one (1) block area 2) Permit applic ns must be received in writing by the City Manager's Office a east thirty (30) days prior to the event.3) Consumption o ale of alcohol on City rights-of--way will not be permitted. tructures other than barricades are not allowed in City rights- -way.5) Homeowners Association will be required to pay all rtime costs that may be incurred as a result of City staff involved in the -event. nator block ~,-16-~~ Date print: Please enclose the appropriate non-refundable application fee payable to the City of Delray ,Beach, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444. For Staff Use Only ~~~ ID' ~ Date Received ! Application fee received $ ~O• 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 'i. _ MF'~ ~i t 7~,Fff] I _~. -~--'-~it ~; i s~ ~ -~' _yt~ -.rte ~i~a` L.c j ~, S i rt~vS}~+,~~~' ~~~~~ ~`_...~~a~~l vlllax~ C_ 4v ~.~16 l _ t ~~ } fJY } ~ ~w w ruer E , ~ ,- r ~ ~ NN I ~ ~ ~ 'sue - ~ r ,•{I: ~, d { dd ~ n, } Q 1 ~ I ~t l3 i , _ ~~ ;fir ~ ,~ t : rT, ~ ~ i I •--~s F+i ' ~~ `~ 1 J ~ r R xi ~ ~ ~f`~ d r ~ U ,,,~- ran 1 i`~7 ;~ ~ y/~y 1 ~l~If i yl 1 __ _- ~ ~ i.' ~ ~ ~. 1 t~ ~~ E ~• _~ -- t ~ --- ~ ~ I ~~ ~ o~ 1 f ~ ~ ~ ~ ~ ~~~`~,~ SEAT 350 ,,/t y ~. ~ f ! 6~r~ ~ f ~ 1 ~ w } k f I ~~ f ~ '- ~ Q ~ . ~ ~ ..~ ~k I ~--~ z ~ ... ~ _ ' ~~ ~ ~ { ~~ A ~ I, '.. { `~ H ~ W m r- M A aD 1 ~ ~ ~ M N 1 ~ ~ ~ ~ ~4 ~ ,~ ~. , i _ r ~ ww ~ 1 ~ {. _ a I 1 _ •..i / r~ ~... ~~ ~~ O D ~ ~~=~ ~ ~~ '_ .{~ ~ ~ ~~ ~ ~ ~rY d Q Cl CI ~ , ~~ --, a ~ ~ ~ i y qE '(~ ---.~~,® ~}~!•.~°.-'~` ~pn~r ~C+' ,x'2'3 3" A22 0 0 u ABACO(25)~ r..,~ e~ e-t ~/ r~ V 1 H a fl O M 1~ U N ~ ri w w M r--1 w .-~ w ~ w ,,.,r w w ~o w '--I w O ["- w r~i w `\ J <~ ,~-~ Tf 00 w w w a .~ w ~~ ~^ f~ F-+ O a W w °OO 201 S.W. 6th Avenue Delray Beach, Florida 33444 (561) 272-8837 • (561) 276-8373 ~`~~ Bishop R.L. Howard, Sr. 141,Qy Pastor O AOS ~w f J , ~J ~RV~~FST~~F BAHAMIAN CULTURAL FEST JULY 14, 2007 PROJECTED REVENUES Contributions $ 3,000.00 Corporate/In-kind Services $ 6,000.00 Vendor Sales $ 10,679.00 Food & Beverage Sales $ 11,000.00 Total $ 30,679.00 **Based On Budget Of $14,000.00** BVdg~ FOB Bahamian CVIt11M~ F~ ~unr ~ som Old Schoo~ Squpro o Old School Square Rental o Insurance Liability Fee o Rental Fees & Expenses (tents tables & chairs etc.) o Security o EMS Services o Advertising o Food Expense o Decorations/ Souvenirs o Sponsor Signs/ Banners o Entertainment Total Budget $ _3000.00 $ 750.00 $ _3200.00 $ 250.00 $ _ 915.00 $ 4370.00 $ _ 615.00 $ 300.00 $ 600.00 $ _ 14000.00 ACORD,~ CERTIFICATE OF LIABILITY INSURANCE 4i12io~"YY"' PRODUCER Harvey L. Brown Agency Inc. 64 NE SthAvenue THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Delray Beath FL 33483 561-276-0369 /Fax 561-278-9946 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Scottsdale 1115 CO Ebenezer Uni ted Christian Wesleyan Methodist INSURER B: Church INSURER C: 201 .~ 6th Ave INSURER D: Delra Beach FL 33444 wsuRER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION M LIMBS GENERAL LIABILITY EACH OCCURRENCE $ SOO OOO X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $ 501 ~~~ A CLAIMS MADE ®OCCUR CPS0782555 7/25/06 7/25/07 MED EXP (Any one person) $ 1 I ~~~ PERSONAL & ADV INJURY $ eXC U GENERALACGREGATE $ 5001000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ eXCluded POLICY PRO- LOC - AUT OMOBILE LIABILITY COMBINEDSINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PR P RTY D O E AMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~ ACC $ AUTOONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMSMADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ' ~ WCSTATU- OTH- EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The city of Delray Beach will be added as additional insured effective 7/14/07 with $1,000,000 liability coverage. Paperwork will be forthcoming 30 days prior to this date. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Clty of Delray Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN 100 NW 1st Ave NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Delray Beach, FL 33444 IMPOSE NO OBLI~CATI#N OR LIABILITY OF ANY KIND t~ON THE INSURER, ITS AGENTS OR AUTHORIZED ACORD 25 (2001/08) 1' BAHAMIAN CULTURAL FEST, INC. VENDOR FACTS & INFORMATION DATE: July 14, 2007 (Saturday). LOCATION: Qld School Square, 51 N Swinton Ave., Delray Beach, FL 33444 Downtown Delray Beach (Beginning at North Swinton Avenue & Grounds of Old School Square on the North side of Atlantic Avenue) EVENT: The Bahamian Cultural Fest is a conch and rib festival. Our event allows you to experience the heavenly foods and rich culture of the Bahamas. Our event is a community event in celebration of Bahamian Independence Day (July 10, 1973), specializing in food, entertainment and education, with a strong focus on family and children. ACTIVITIES: The Bahamian Cultural Fest is an event designed as afund-raising opportunity for the non-profit group that staffs the event. Bahamian- Cultural Fest, Inc. is a non-profit organization with the purpose and primary goal of supporting community projects, charitable groups and service organizations. HOURS: Saturday, July 14th (11:00 am - 7 pm) ENTERTAINMENT SCHEDULE FOR JULY 14, 2007 EVENT MC: James "T" (HOT 105) 11:00 AM. -West Palm Beach Junkanoo Band Proclamation: Alma Adams 11:45 AM. -12:00 PM. -Beacon Achievement Centers for Children & Families "Creative Dance Team" 12:40 PM. -12:30 PM. -Ebenezer Wesleyan Methodist Church Youth Group 12:45 PM. -1:00 PM. -Beacon Achievement Centers for Children & Families "Diamond Steppers" 1:00 PM. -1:30 PM. - GMWA 1:30 PM. - 2:00 PM. -Intermission 5:00 PM. - 6:00 PM. -West Palrn Beach Junkanoo Band 2:00 PM. - 7:00 PM. - "Togetherness Band" (3 breaks) *Itinerary is subject to change. MEMORANDUM TO: Mayor and City Commissioners FROM: ~J~Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: May 10, 2007 SUBJECT: AGENDA ITEM # ~ • F -REGULAR MEETING OF MAY 15, 2007 SPECIAL EVENT REQUEST- INTERNATIONAL DISTANCE TRIATHLON ITEM BEFORE COMMISSION City Commission is requested to consider approval of a new event the "International Distance Triathlon" sponsored by Exclusive Sports Marketing Inc. proposed to be held on Saturday, July 21, 2007 from 5:00 a.m. to approximately noon. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F} for the closure of Atlantic Avenue from the west side of A-1-A to the east side of Salina from noon, Friday, July 20, 2007 to approximately 5:00 p.m., Saturday, July 21, 2007 for the transition area, to provide police support for traffic control and security, on- site EMS assistance for transport if needed and barricade assistance. The event sponsor has also verbally requested that all police overtime costs be waived. BACKGROUND Attached is a special event permit request, budget, site plan and other information provided by Mr. Scott Langen, Event Director, Exclusive Sports Marketing, Inc. It has taken some time to get all information needed for the permit from the event sponsor. We now feel that we have a complete package to bring before Commission. As proposed in the permit application, the event sponsor would be responsible for event management, site set up and take down, course set up for swim, bike and run parts of the event and site clean up. The event sponsor has also indicated they would provide private lifeguard service and nighttime private security. They proposed to start with a 1500 meter swim, staggered starts with 7 to 8 groups, at approximately 6:30 a.m. Participants would then proceed to the transition area on Atlantic Avenue to get their bikes and begin a 24.8 mile bike ride going basically north on Federal Highway to Lake Worth then east to A-1-A and back south to the transition area. The final leg of the event would be a 6.2 mile run (two loops). Attached are maps showing the transition area and routes for the bike ride and run. The estimated overtime costs for City services are $6,460 without City lifeguard support and $7,660 with City lifeguard support. Per event policies and procedures for a first year intermediate event U:lwwdatalEventslTriatholonWgenda Item Triathlon 2007.doc sponsored by a for profit organization, the event sponsor would be required to pay the City approximately $2,730 without lifeguard assistance and $3,330 with City lifeguard assistance. I have thoroughly reviewed this request with all Departments. The general consensus of the Department Heads is to deny this request. Concerns raised by Department Heads include: 1. Approval of a new event with an uncertain budget outlook in future years. 2. The closure of this section of Atlantic Avenue for over a day with a need to block off parking spaces early on Friday. 3. Waiving or reduction of payments to the City. Since this is a private entity, staff thinks all costs should be paid in full. 4. Concern of the qualifications and certifications of the private lifeguard company. As of the writing of this memo, we just received requested information to evaluate on 5/10/07. 5. Ability of the event sponsor to obtain approval from other cities through which the bike ride race would go through. RECOMMENDATION Staff recommends denial of this request. RAB/db Attachment U:\wwdata\Events\TriatholonlAgenda Item Triathlon 2007.doc r / f l 0 ~. / O A City of Delray Beach "~~~ '' Special Event Permit Application ~ PLEASE PRINT 'zooi Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Name/Title: International Distance Classic Triathlon 7:00 A.M Duathton 7:15 A.M 2. Event Date(s): _ _ Event Time(s): Setup: Race: Cleanup Jtrf~r~9th-20th J u1y21 st July21 st - ~~~ ~a, Zoo ~ .a~~a.$noeti(, 5:OOA.M-12:OOP.M 12:15P.M-S:OOP.M 3. Event Sponsor/Producer:_Exclusive Sports Marketing 4. Event Contact/Coordinator: Scott Lanpen 5. Address: 1040 Holland Dr. BocaRaton,FL 33487 _ 6. Telephone Number:561-241-3801x106 Cellular Number: 561-558-5863 7. E-mail Address: Scott(a~exclusivesgorts.com 8. Event Description:_International Distance Classic Tri 1500mSwim, 24.8mileBike, 6.2mileRun _Du 6.2mileRun 24.8mileBike 6.2mileRun please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City X^ Non-Profit/Charitable X^ Private ^ 10 Co- Sponsor -Non-Profit/Private ^ (If Non-profit attach proof of 501 c(3), c(4), c(6), c(10) or c(19)) Event Location/Address: Intersection of Atlantic Ave and A1A Site plan attached: yes X no (Site plan required for entire event site) 12. Event budget attached: yes X no (Required for al! events) 13. Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 14. Event certificate of insurance attached: yes X no (Required two (2) weeks prior to event naming the City as additional insured, 'a/so required for vendors) 15. Playing of amplified music: yes X no (Waiver required) 16. Requesting Police assistance: yes X no (Tralrfic control/security) 17. Will supplement with private security: yes no X (If yes, need plan attached) 18. Requesting Emergency Medical assistance: yes X no 19. Requesting barricade assistance yes X no 20. Requesting trash removal/clean up assistance: yes no X 21. Requesting trash boxes and liners: yes X no 22. Requesting stage use: yes no X (!f yes, check type) Large stage covered ^ -Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage : yes no X Type: Event sign (4'x4') Directional signs Banner hanging Indicate dates required (Waiver required if more than one (7) week prior to event) 24. Food and beverage vendors: yes no X 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 25. Health Department approval: (see attached) yes no 26. Other vendors: yes X no 27. Tents: 10x10's yes X no (!f yes, tent permits and gre inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no X (!f 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 X no (Show on-site map) 30. WII there be fireworks or other pyrotechnics? yes no X (If yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? yes no X (!f yes, contact Fire Marshall) 32. Will you be providing port-a-lets for the event? yes X no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) 33. Will there be a charge for the event? yes no X (If yes, indicate ticket prices) 34. Is reserved parking requested? yes no X (!f yes, indicate locations) 2 ',~' 35. Neighborhood Block -_i god block • 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 5'l % of the homeowners-who live on the block) Piease note the foUowing: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 Ci#y rights-of--way will no# 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 Contractor/Cdordinator Piease print: Scott tangen 11 /28/06, Date Please enclose the appropriate non-refundable applicatiop 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 ~ /~ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 ~~,t,USIVE SPpR rs M'aRKET1KG 1 Providing the Best in Recreation ~ Sports Entertainment International Distance Classic Special Event Application 1) Site Plan: a. The site that we wish to utilize is located on Atlantic Ave adjacent to the Marriott Hotel. For the Triathlon,.we would like to set up our Transition area (athletes place bikes while they swim). This area is in closed with windscreen. b. See Attached Document #1 2) Parking Plan: a. The Parking that we would have our athletes utilize would be the Pineapple Grove lot as well as available spots along AlA. Due to the size of the event we are expecting many of our athletes to stay at the Marriot hotel which would aid in parking. 3) Traffic Plan: a. Setup/Cleanup i. Requesting road segment closure July 18`t' 12:00 P.M -July 21St 5:00 P.M. ii. Closure from Andrews Ave(traffic will be allowed to tum on to Andrews Ave and off in West Bound direction) east to the end of Atlantic. b. Event day i. Requesting Closure July 21St from 6:30 A.M-12:00 P.M ii. Closure from Venetian Dr. East to AlA Ave c. Swim i. Athletes will be Swimming 1500m in the Ocean across from Atlantic Ave. They will then exit the water and run across AlA to the Transition Area located on Atlantic Ave (see Document #3). Traffic will have to be "Controlled" while athletes cross the street. In between segments of athletes cars would be allowed to pass going North bound. Approximate time lhr. d. Bike i. Athletes will then remove their bikes from transition and head West bound to Gleason St. They will turn left head down to Casuarina Rd. At Casuarina Rd they will make a left then a right on Venetian Dr. When athletes hit Atlantic Ave they will head west bound to Federal Hwy (SE 6~' Ave). (See Document #4)On US 1 we will need to put into effect a reduce flow procedure. (See Document #5)Athletes will occupy the left lane all the way up to Lake Worth; while cars will occupy the other 1-2 lanes. Once at Lake Ave, Athletes will then take a right turn going up and over 106D Holland Drive Suite 3L • Boca Raton, FL 33487 Tel 561.241.38fl1 • Fax 561.241.3805 • www.exclusivesports.com ~c,L,usivE SPOR~,s M'4RKETIN Providing the Best in Recreation & Sports Entertainment Lake Ave, Athletes will then take a right turn going up and over the bridge heading to AlA; while traffic still respects the reduce flow procedure. At AlA they will then make a right turn headed South Bound back to Atlantic Ave; while traffic respects reduce flow headed North Bound AlA. Traffic can make left hand turns going into developments and over bridges while Cyclist are not present (see Document #6). Once at Atlantic Ave Athletes will then make a right turn back to the transition area. e. Run Course i. The ruri course will be a 2 loop course; each loop will be 3.1 miles in length. It will start by taking a right on to Andrews Ave. Take Andrews to Thomas St. Then make a left and a right on to Seabreeze Ave. Take Seabreeze Ave to Atlantic. Make a right then left onto Venetian Dr. Take Venetian Dr to Seasage Dr. all the way around to Gleason St.. When you reach Atlantic Ave make a right (See Document #7) 4) Private Security Plan: a. If private Security is required we can outsource a security company as we have done with other events. b. DAK Security 5) Maintenance/clean up plan: a. We will provide a Roll Off Dumpster for all trash 6) Load In and Take Down Schedule: a. Staff arrives onsite at 12:00 P.M July 18u' to begin setup process b. Setup continues July 19~'-20u' 8:00 A.M-5:00 P.M c. Take Down Begins at July 21 Stafter each segment is completed i. I.E. After the swim section is complete swim towers and buoys removed. Truck will follow last cyclist and begin cone removal. ii. Finish Line, Run course, and Transition will begin at 1:00 PM 'n Event Budget: a. See Document # 8 1060 Holland Drive Suite 3L • Boca Raton, Ft 33487 Tel 561.241.3801 • Fax 561.241.3805 • www.exclusivesports.com Event Budget-Income Past Event Current Event Cash Income Cash Income Admissions $59,500 Contributions* Grants* Sponsorships $35,000 Sales Room Rebates OTHER IN COME Total Cash Income $94,500 ~N Total Event Budget (Expenses) Past Event Curren t Event In-Kind Cash In=Kind Cash Travel $250 Housin $3,000 Food $2,000 Sanction Fees $250 Site Fees $300 Rights Fees $~ Officials $300 Awards (non-monetary) $1,000 Equipmen $0 Rentals $870 Insurance $2,000 Securi $350 Labo $1,500 Marketing/Promotions (i County) $20,000 Marketing/Promotions (out of County) $40,000 OTHER EXPENSES Comcast Television $10,000 Lifeguard/Police/EMS $5,628 T-shirts $3,000 TOTAL IN-KIND EXPENSE $5,000 TOTAL CASH EXPENSE $85,848 TOTAL EVENT BUDGET (T'otal Expenses) (Total In-Kind Expense + Total Cash Expense for Curren event) $90,758 i i N L r ~ *' I 1 O N I V m I ~ I N I ~ Q •v r' ~n Q ca I V u ~ ra I O ~ ~ ~ }, I O I O N I t +.. 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T s~ , ~~ j ~~.~ ~. ,_ , ;. 1:~ 't ^ t _/t - - ~~ - U U_''U ~ ti ~~ .f ~ i J ~ \1J 3 L_ U F -}_ A'y'r' ~ . ~ ~ - `~ s ~ ~' ~ A` ~ . i-. ~ t 'd ~ it.ri s~ ~ r' } ~ ,a..r . ~ ~ ~' ~~ ,~~t~1, ~ ~:~, ~ CCS'Q" ~ 'N ~~~ ~. ; . ~, , ~.. ~ k ~~ F' 'L ~, ~~~ ,.. .F ti~ ,, , . ~~, ~ ~ i'..1 ~ ~. ~ xy ~ - c =~.~ E ~ ~ + ~a., ~ P t A { ~, ,~~~ ~ i Y { > ~~ +aTkc K t ' ,~ j ?~ ; ~P # ~ 1 k f ~~ ~ { ~'~ } ~+ ~~~ ~,~ , ~~ r ~~~; 3 S, Y= 1 ~ t y P i& a r., ~ F' r s y ~ ~ + C, r~~ `~`F }:, r.. r .~ ' ; 1.~ ;,r ~ , . 1 i .t ~ '~~~ + } J z•r ~ .~ ~ , 3 } A~~Y 4 'lY ~ ~~: '^ .f s ~N.,+. ~~ ~'~ c a r~,?~ a{r '~;% .~:} t ~ .# ~ Lx - "" Y '1~ ~ ~~~ ~ vIJ ~ ~~ y ~~ x ' • ~' r ~~ r . ~ 1 ~ i ~ 1 ~ k ? s ~ ~n.u ~ ~ `{.°.ir O~ ~. .,--~ . om Q n n,, L ~ ~- O', ~, Q} o c' , ~' /~~ \lJ 4/1 '- o ~ ca ' \ U (~ O ~ x, r ~/~ ~ }, , Q _ -r O ~;~ ~ ~ ~, c~ o o~ ~~ ~ - ~: _ . Q ~ '~' O ~~/^'~ VJ. _ ~ ~. WS, ~' ~y W V rr,, V V ~ ~ ~ /~~ V ~ ~ ~ ~'-' • ~ ~ Q ~~ ~t ~ ~. ~ O. V ,. U Q }' .. ~~ ~ ~ U o Q` Z:5 ' ,fit N, ` ~ O Q;.: ~~ ~` ~~` C~ - ~~: N W ~ . ',~ z fi i y ,~ ~ a p E f ,~, 1~ k + _ j {g ,_~ Y J -,~ +/F~"` ~ ~{ ~ Fri ~.• ~` ,O ~ ~ ~; ~ ~ ~` t T ,' ~ ~ ~ ~I x _ tl~~: ~ ~_,; m, t ~ '~ ~ ~,{LYc ' ~ ~ O ~ Q 11' ~, ~ ~ 0 .~ { ~1++ ~ o c r; C?. ~. ~ [ j ~' Q' ~ ~ .. ~ d.. ~ ~~ ~ rt.~+_ ~~ ~ `~~ .,, ~,~, ~ ~; i; - LR ~~ ~ j designation. All other sponsors not designated by the City as non- profit/charitable will be considered as private sponsors. In order to be considered as anon-profit under one of the categories above, the event sponsor must have the IRS designation by the time of the event. A) City sponsored or co-sponsored event - No charges for City costs. B) Privately Sponsored Events -Event pfiyment schedule will take effect as of date of approval of these policies. Years calculated are based on inception date of the event. Minor Event Intermediate Event • Years 1-2 • After year 2 Maior Event • Year 1-2 • Year 3 • Year 4 • Year 5 and after 100% payment of all costs. 50% payment of costs over $1,000 payment of 100% of costs 50% payment of total cost 60% payment of total cost 75% payment of total cost 100% payment of all costs C) Non-ProfitlCharitable Organization Sponsor Events For purposes of determining charges, the date of inception of the event will be used. Minor Event • Years 1-2 no charges • Years 3-5 50% of cost • After year 5 100% of cost Intermediate Event ($1.000 - $10.000 • Years 1-2 ~ no charges • Years 3-5 no charge first $1,000; 20% for amount over $1,000 • After year 5 no charge first $1,000; 40% for amount over $1,000 4 File:u:sweeney/events Doc:Special Event Policy and Procedure 11 /4/2004 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RICHARD C. HASKO, P.E., ENVIRONMENTAL SERVICES DIRECTOR THROUGH: DAVID T. HARDEN, CITY MANAGER ~~ DATE: MAY 10, 2007 SUBJECT: AGENDA ITEM # -l o !'71 . itrriTi . s u MTi Ti Til~rr_ n FIRE STATION #4 CM AT RISK PRECONSTRUCTION SERVICES ITEM BEFORE COMMISSION Attached is a proposal from Catalfumo Construction in the amount of $45,299.95, for the provision of preconstruction services under the Construction Manager (CM) at Risk construction delivery method for the Fire Station #4 Replacement project. The scope of services for this proposal are as defined in Article 2, Section 2.1, Preconstruction Phase, of the attached CM at Risk Contract. Staff is requesting that Commission reject the Catalfumo proposal and direct staff to proceed with a design/bid build construction delivery method for the Fire Station #4 replacement project. BACKGROUND On January 30, 2007, sealed proposals for Construction Manager at Risk Services were received by the City. Projects included in that RFP were the City's Soccer Complex and Miller Park projects as well as the reconstruction of Fire Station #4. Presentations from short listed firms were heard on February 14, 2007, and Catalfumo Construction was selected as the CM to be recommended to Commission for the Fire Station #4 project. Due to issues involved with the funding requirements of remaining Parks & Recreation Bond and General Capital Fund projects, all activities on affected projects were suspended in February pending additional Commission direction. Subject projects were reviewed at the May 8, 2007 Commission Workshop meeting and staff was given direction on a project by project basis as to how Commission wished to proceed. Commission direction related to Fire Station #4 was to proceed with the project as currently proposed. As part of that decision, there was discussion regarding the appropriate construction delivery method to use with the reconstruction project. Given the advanced stage of completion of the plans for the facility, it was suggested that the City would receive little significant benefit from preconstruction services phase of the CM contract, and it would be more cost effective to use a traditional design/bid/build construction delivery method. FUNDING SOURCE No funding required. RECOMMENDATION Staff recommends rejection of the preconstruction services proposal by Catalfumo Construction and authorization to proceed with a design/bid/build construction delivery method for the Fire Station #4 project. Cc: Kerry Koen, Fire Chief Randal Krejcarek, P.E., City Engineer Trade Lutchmansingh, P.E., Assistant City Engineer -~~~„ City Of Delray Beach Department of Environmental Services ~a~~ M E M O R A N D U M ivww mydelraybeach.com TO: David T. Harden City Manager FROM: Tracie Lutchmansingh, P.E. Assistant City Engineer ~• SUBJECT: Fire Station No. 4 (P/N 2006-016) Agenda Item: Preconstruction services proposal from Catalfumo. DATE: March 20, 2007 Attached is a request for City Commission to approve a proposal and related agreement for the preconstruction services phase of Firestation No. 4 project's Construction Management at Risk contract. The scope of services is listed in Article 2.1 of the Agreement and the total fee for this phase is $45,299.95. Please note that portions of this agreement, e.g., construction time in Article 12 and the provision regarding bonding requirements, will be modified with the receipt of the Guaranteed Maximum Price and final contract execution prior to commencement of construction. Funding is available from #334-6112-522-62.10, General Construction FundlFire Station No. 4. cc: Richard C. Hasko, P.E.; Duector of Environmental Services Randal Krejcarek, P.E.; City Engineer/ ESD Rafael Ballestero; Dep. Dir. Of Construction Victor Majtenyi, Dep. Dir. Public Utilities City Clerks Office Agenda File 03-20-07 Project File 2006-016 (A) S:\EngAdmin\Projects\2006\2006-016 (RFQ's -BOX-PROJ FII.E 2006-005)\OFFICIAL1Agenda memo Catalfumo PreCons Serv 03-14-07.doc CONSTRUCTION MANAGER AT RISK SERVICES THIS CONTRACT, made and entered into ,between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "Owner" and ,hereinafter referred to as the "Construction Manager". WITNESSETH: That the said Construction Manager having been awarded the contract for the: PROJECT NAME: FIRE STATION No. 4 PROJECT NO. 2006-016 hereinafter referred to as "Project" and in accordance with the Construction Manager's Proposal therefore and for and in consideration of the promises and of the covenants and agreements, and of the payments herein specified, to be made and performed by the Construction Manager and the Owner, the Construction Manager hereby covenants and agrees to and with the Owner to undertake and execute all of the said named work, in a good, substantial and workmanlike manner, and to furnish and pay for all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to fully complete all work in accordance with all requirements of the Contract Documents and in accordance with all applicable codes and governing regulations ARTICLE 1 -The Construction Team and Extent of Agreement 1.1 The Construction Manager agrees to furnish its best skill and judgment and to cooperate with the Architect/Engineer in furthering the interests of the Owner. The Construction Manager agrees to furnish efficient business administration and superintendence and to use its best efforts to complete the Project in an expeditious and economical manner consistent with the interests of the Owner. 1.2 The Construction Team: The Construction Manager, the Owner, and the Architect/Engineer (the "Construction Team")will cooperate together through construction completion. The Construction Manager shall provide leadership to the Construction Team on all matters relating to construction. The Architect/Engineerwill provide leadership to the Construction Team on all matters relating to design. Nothing herein is intended to make the Owner liable for the acts or deeds of the Construction Manager. 1.3 Extent of Agreement: This Agreement is complementary to the Conditions of the Contract, and together with them, represents the entire agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements. What is called for by any one shall be as binding as if called for by all. Where this Agreement is expressly in conflict with the Conditions of the Contract, the most stringent requirement to the Construction Manager shall control. Where this Agreement is silent, the Conditions of the Contract, and the requirements of the Drawings and A - 1 ~, ~. is _. ~. Specifications (to be furnished later) will prevail. This Agreement may be amended only by written instrument signed by the Owner and the Construction Manager. 1.4 Terms used in the Contract shall have the following meanings: .1 "Construction Team" means Owner, Architect/Engineeravd Construction Manager. .2 "Consultant" means the Architect/Engineer, and the terms will be used interchangeably; .3 "Contractor" means Construction Manager, and the terms will be used interchangeably; .4 "Contract Sum" means Guaranteed Maximum Price, and the terms will be used interchangeably. .5 "Owner" means the City of Delray Beach, and the terms will be used interchangeably; .6 "Subcontractor" means Trade Contractor, and the terms will be used interchangeably; and, .7 "Work" means the totality of the obligations, including construction and other services, imposed on the Construction Manager by the Agreement, whether completed or partially completed and including labor, materials, equipment and services provided or to be provided by the Construction Manager to fulfill the Construction Manager's obligations. The Work may constitute the whole or a part of the project. ARTICLE 2 -Construction Manager's Basic Services 2.0 The Construction Manager's Basic Services under this Agreement include preconstruction phase services and construction phase services. 2.1 The Preconstruction Phase. It is the intent of the Owner to engage the Construction Manager as an active participant in the design process working with the Owner and Architect/Engineer in maintaining the project budget and project scope. The Construction Manager shall: 2.1.1 Provide preconstructiondetiverables consisting of 7 copies of reports at Schematic Design, 100% Design Development, 50% Construction Documents, and 100% Construction Documents together with a Guaranteed Maximum Price proposal. The reports shall include a complete discussion and summary of the services provided in accordance with Subparagraphs 2.1.2 through 2.1.8 herein below, including the schedule and a detailed cost estimate. 2.1.2 Review designs during their development. Proactively advise the Architect with regard to the most effective approach for designing the project regarding issues of on site use and improvements, selection of materials, building systems and equipment. Provide recommendations on relative feasibility of construction methods, compliance with applicable laws, codes, design standards, and ordinance, availability of materials and labor, time requirements for procurement, installation and construction and factors related A-2 to cost including, but not limited to, costs of alternative designs or materials, preliminary budgets and possible economies, while maintaining the Owner's design objectives. 2.1.3 Provide, for the Architect/Engineer's and the Owner's review , a Project Schedule that coordinates and integrates the Construction Manager's services, the Architect/Engineer's services and the Owner's responsibilities with anticipated construction schedules. The Construction Manager shall update this schedule periodically, as required. By providing these schedules to the Architect/Engineer and Owner, the Architect/Engineer and the Owner do not in any way acknowledge or consent that the schedules are acceptable or reasonable, but they are simply reviewing same for their own informational purposes. 2.1.4 Prepare for the Owner's approval a detailed estimate of Construction Cost, as defined in Article 8 herein, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer. Update and refine this estimate periodically as the Architect/Engineer prepares Construction Documents. Advise the Owner and the Architect/Engineer if it appears that the Construction Cost may exceed the Project budget. Make recommendations for corrective action. 2.1.5 Coordinate Construction Documents by consulting with the Owner and the Architect/Engineerregarding Drawings and Specifications as they are being prepared, and recommending alternative solutions whenever design details affect construction feasibility, cost or schedules. 2.1.6 The Construction Manager agrees that time is of the essence in maintaining the project schedule. In an effort to achieve the project schedule, the Architect/Engineerwlll rely upon the input and recommendations of the Construction Manager in preparing the project documents, recognizing that cost is one of a number of issues which will influence the selection of building components and systems. 2.1.7 It is incumbent upon the Construction Manager to advise the Architect/Engineer of recommended building components and systems before the design professionals have comprehensively documented the materials, systems and equipment within the project. 2.1.8 Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by the Owner, review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the separate contractors is coordinated with that of the Trade Contractors, (2) all requirements for the Project have been assigned to the appropriate separate contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. 2.1.9 Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Trade Contractor. Provide the Project Construction Schedule for each set of bidding A-3 documents. Develop a plan for the phasing of construction. 2.1.9.1 Establish a schedule for the purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the Architect/Engineer. Expedite and coordinate delivery of these purchases. 2.1.10 Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. Develop bidding packages designed to minimize adverse effects of labor shortages. 2.1.11 Develop procedures which are acceptable to the Owner for the prequalification of Trade Contractors. Develop Trade Contractor interest in the Project and publicly advertise and conduct pre-bid conferences with interested bidders to review the documents. Take competitive bids on the Work of the various Trade Contractors or, if authorized by the Owner in writing, negotiate for the performance of that Work. The Construction Manager may require bidders to submit bid bonds or other bid security acceptable to the Construction Manager as a prerequisite to bidding on the Work. Analyze and evaluate the results of the various bids and their relationship to budgeted and estimated amounts, and prepare for review with the Owner and Architect/Engineer abid tabulation analysis and such other support data as necessary to properly compare the various bids and their responsiveness to the desired scope of Work. Specifically, review the scope of Work in detail with apparent low responsive bidders to determine that their bids are complete but do not include duplicate scope items. Maintain records of all pre-award interviews with apparent low bidders. 2.1.12 Attend periodic meetings of the Project Team. 2.1.13 Based upon Drawings and Specifications produced by the Architect/Engineer, develop Guaranteed Maximum Price (GMP) Proposal(s), including, a Project Construction Schedule, itemized by Trade Contract, for phases of Work as required by the Owner. If the documents as prepared by the Architect/Engineer are not adequate for the development of a Guaranteed Maximum Price, the Construction Manager shall notify the Owner immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development of the GMP shall be specifically listed in the GMP proposals, and the GMP will not be adjusted due to assumptions made by the Construction Manager, but not included in the GMP Proposal. 2.1.13.1 If the GMP Proposal is accepted, in writing, by the Owner, it will become an Amendment to this Agreement which will establish the GMP, Contract Time, and liquidated damages for that phase of the Work. A Construction Bond and Form of Guarantee on the Owner's standard forms and Builder's Risk Insurance Policy shall be provided by the Construction Manager simultaneously with the GMP Amendment. Also, items 14.14 - 14.16shall be provided with this Amendment. 2.1.13.2 If the GMP proposal is not accepted by the Owner, the Owner shall so notify the A-4 Construction Manager in writing. The Construction Manager shall then recommend adjustments to the Work through value engineering. The Construction Team and Owner will discuss and negotiate these recommendations for no more than 14 calendar days, unless an extension is granted in writing by the Owner. If an acceptable GMP is not developed, negotiations may be terminated, and the Owner may initiate negotiations with another Construction Manager or separately bid the project. 2.1.14 The Construction Manager's personnel to be assigned during the Preconstruction phase and their duties to this project shall be as set forth in the Request for Proposal. 2.1.15 The above named services connected to the Preconstruction Phase shall not exceed the amount set forth in Exhibit 2.1.46. (page A-26) 2.2 Construction Phase. Unless otherwise authorized by the Owner, all Work shall be performed under Trade Contracts held by the Construction Manager. The Construction Manager shall not bid on any of the Trade Contractor Work or perform such Work with its own forces without the prior written consent of the Owner. The Construction Manager shall: 2.2.1 Administer the construction phase as provided herein and in the Conditions of the Contract, which include the following: General Conditions, and Special Conditions, and bear full responsibility for any and all acts or omissions of those engaged in the Work on behalf of the Construction Manager. 2.2.2 Commence the Work within 10 days after receipt of the executed Guaranteed Maximum Price Amendment and Notice to Proceed from the Owner. 2.2.3 Promptly award and execute Trade Contracts with approved Trade Contractors. Provide copies of fully executed Trade Contracts, insurance certificates and, if required, bonds to the Owner. 2.2.4 Manage, schedule and coordinate the Work, including the Work of the Trade Contractors, and coordinate the Work with the activities and responsibilities of the Owner, Architect/Engineer and Construction Manager in order to complete the Project in accordance with the Owner's objectives of cost, time and quality. Develop and maintain a program, acceptable to the Owner and Architect/Engineer, to assure quality control of the construction. Supervise the Work of all Trade Contractors so that the work conforms to the requirements of the plans and specifications. Provide instructions to each Trade Contractor when its Work does not conform to the requirements of the plans and specifications so that the work conforms to the requirements of the plans and specifications, and continue to manage each subcontractor to ensure that corrections are made in a timely manner so as to not affect the progress of the Work. Should disagreement occur between the Construction Manager and the Architect/Engineer over acceptability of Work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. A-5 2.2.5 Maintain exclusively for this Project a competent full-time staff at the Project site to coordinate and direct the Work and progress of the Trade Contractors on the Project. The Construction Manager shall maintain sufficient off-site support staff, and competent full time staff at the Project site authorized to act on behalf of the Construction Manager to coordinate, inspect and provide general direction of the work and progress of the Sub- contractors and he shall provide no less than those personnel during the respective phases of construction that are set forth in an Exhibit to the GMP Amendment. He shall not change any of those persons unless mutually agreed to by the Owner and Construction Manager. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. All of the Construction Manager's on-site management and supervisory personnel shall be consistent with the interview presentation and shall not be removed or replaced without the Owner's consent. The Owner shall have the right to direct the Construction Manager to remove or replace any on-site personnel whose performance becomes unsatisfactory to the Owner. In such event, the Construction Manager shall promptly replace such personnel, without consideration of additional compensation for the replacement. 2.2.5.1 Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Team. Identify an on-site staff member to represent the Construction Manager, on a daily basis, with authority to negotiate change orders and contract modifications on behalf of the Construction Manager. Make available such executive personnel as necessary to execute change orders or other contract modifications on behalf of the Construction Manager so as not to delay the progress of the Work. 2.2.6 Establish procedures for coordination among the Owner, Architect/Engineer, Trade Contractors and Construction Manager with respect to all aspects of the Work. Implement such procedures, incorporate them into a project resource manual, and distribute manuals to the Construction Team. 2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be necessary to properly coordinate the Work among the Trade Contractors. 2.2.6.2 In coordination with the Architect/Engineer, establish and implement procedures for tracking and expediting the processing of shop drawings and samples, as required by the Conditions of the Contract. 2.2.7 Schedule and conduct weekly progress meetings with Trade Contractors to review such matters as job procedures, job safety, construction progress, schedule, shop drawing status and other information as necessary. Provide prior notice to Owner and Architect/Engineer ofall such meetings, and prepare and distribute minutes. Attend Team meetings with the Architect/Engineer and Owner, as scheduled by the Architect/Engineer. 2.2.8 Review the schedule with the various Trade Contractors and review, or expand, the level of detail to incorporate specific Trade Contractor input consistent with the overall completion requirements. Regularly monitoring and update the Project Schedule and various sub-networks as construction progresses. Identify potential variances between A-6 scheduled and probable completion dates. Review schedule for Work not started, or incomplete, and make adjustments in the schedule to meet the scheduled completion date. Provide summary reports of each monitoring and document all changes in schedule. Regular schedule updates and reporting shall be included as part of the monthly project report outlined in Subparagraph 2.2.16 herein. 2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment, and the availability of materials and supplies to meet the schedule. In consultation with the Owner and the Architect/Engineer, take necessary corrective actions when requirements of a Trade Contract or a Trade Contract Schedule are not being met. 2.2.10 Whenever Owner-Furnished Contractor-Installed (OFCI) materials or equipment are shipped to the Project site, the Construction Manager shall notify the Owner and shall be responsible for their acceptance, proper storage, and incorporation into the Work provided the scope of the Owner-Furnished Contractor-Installed (OFCI) work is included within the Guaranteed Maximum Price. 2.2.11 Develop and maintain an effective system of Project cost control which is satisfactory to the Owner. Revise and refine the initially approved Project Construction budget, incorporate approved changes as they occur, and develop cash flow reports and forecasts as needed. Identify variances between actual and budgeted or estimated costs and advise Owner and Architect/Engineer whenever projected costs exceed budgets or estimates. Cost Control reports shall be included as part of the monthly project report outlined in Subparagraph 2.2.16 herein. 2.2.12 Maintain a system of accounting consistent with generally accepted accounting principles. The Construction Manager shall preserve all accounting records for a period of four (4) years after final acceptance of the Work or as otherwise requested in writing by the Owner. The Owner shall have access to all such accounting records at any time during the performance of the Work and for a period of four (4) years after final acceptance of the Work. 2.2.13 Without assuming any of the Architect/ Engineer's responsibilities for design, recommend necessary or desirable changes to the Owner and the Architect/Engineer. 2.2.13.1 When requested by the Owner or Architect/Engineer, promptly prepare and submit estimates of probable cost for changes proposed in the Work including similar estimates from the Trade Contractors. If directed by the Owner, promptly secure formal written Change Order Proposals from such Trade Contractors. 2.2.14 Be responsible for initiating, maintaining and supervising effective safety programs and require similar programs of the Trade Contractors and Sub-subcontractors. The OSHA guidelines shall serve as the basis for the construction safety program. If the Owner implements an Owner Provided Insurance Program as provided for in Article 11, the Construction Manager shall cooperate with the safety representatives of the Owner's Insurance Administrator and/or the Owner's insurance carrier(s) in the course of A-7 construction site inspections and in all other matters related to job safety and accident prevention. 2.2.14.1 Promptly notify the Owner and, where applicable, the Owner's Insurance Administrator, in writing, upon receiving notice of filing of any charge of non-compliance from OSHA, or upon receiving notification that a federal or state inspector shall visit or is visiting the Project site. 2.2.14.2 At progress meetings with Trade Contractors, conduct a review of job safety and accident prevention, and prepare minutes of such meetings that will be available to the Owner's Representative on request. The minutes of job safety and accident prevention portion of such progress meetings shall be made available to the Owner's Insurance Administrator, where applicable, upon request. 2.2.14.3 Designate afull-time staff member as the project safety directorwho shall oversee job safety and accident prevention for the Construction Manager, Trade Contractors and Sub-subcontractors involved in the Work, in addition to any other responsibilities assigned to such staff member. 2.2.15 Make provisions for Project security acceptable to the Owner, to protect the Project site and materials stored off-site, or on-site, against theft, vandalism, fire and accidents, damage, or injury to person(s) or property, etc., as required by job and location conditions. 2.2.16 Record the progress of the Project. Submit written monthly progress reports to the Owner and the Architect/Engineer including information on the Trade Contractors' Work, the percentage of completion, current estimating, computerized updated monthly Critical Path Method scheduling and project accounting reports, including Estimated Time to Completion and Estimated Cost to Complete. Keep a daily log available to the Owner and the Architect/Engineer. Report and record such additional information related to construction as may be requested by the Owner. 2.2.17 The Construction Manager shall be responsible for the removal, encapsulation, transportation and disposal of any hazardous material, including, without limitation, any asbestos or asbestos-related products as may be required in connection with the Work. Hazardous material, described by federal guidelines brought by the Construction Manager or the Trade Contractors shall remain their responsibility for proper disposal. Any hazardous material not specifically shown on the documents may be considered a concealed condition and may entitle the Construction Manager to a Change Order increasing the Guaranteed Maximum Price for any additional costs incurred. Such request for Change Order shall be submitted within seven days after the discovery of the concealed condition. The failure to provide the required notice within the time set forth herein shall constitute a complete waiver by the Construction Manager of any claim for additional compensation or extension of time. ARTICLE 3 -Additional Services 3.1 Upon the mutual agreement of the Owner and the Construction Manager, and upon A-8 written authorization from the Owner, the Construction Manager shall provide additional services which are beyond the scope of the Basic Services described in Article 2 herein. The Construction Manager shall be compensated for such additional services by a fee to be negotiated by the Owner and the Construction Manager at the time of the additional service request. ARTICLE 4 -Owner's Responsibilities 4.1 The Owner will designate a representative to receive progress reports of the Work, serve as liaison with the Construction Manager and the Architect/Engineer, receive and process communications and paperwork, and to represent the Owner in the day-to-day conduct of the Project. The Construction Manager will be notified in writing of the representative and of his/her designee or any changes thereto. 4.2 The Owner may retain a threshold inspector, if required by Chapter 553, Florida Statutes. 4.3 The Owner will review and approve or take other appropriate action on the Construction Manager's preconstruction deliverables. ARTICLE 5 -Schedule 5.1 Preconstruction Phase: The Construction Manager shall submit the required Reports and Guaranteed Maximum Price Proposal within 30 days after the Construction Documents have been made available to the Construction Manager. 5.2 Construction Phase: The number of days for performance of the Work under the construction phase of this Agreement shall be established in the Guaranteed Maximum Price Amendment to this Agreement. 5.3 At the time a Guaranteed Maximum Price (GMP) is established, as provided for in Article 6, a Project Substantial Completion date, a project final completion date and an Owner occupancy date in accordance with the master project schedule, shall also be established by the Construction Team. The Construction Manager agrees to complete the construction in accordance with the agreed upon Substantial Completion date, final completion date and Owner occupancy date. The Construction Manager acknowledges that failure to complete the project within the construction time set forth in the approved schedule will result in substantial damages to the Owner. Liquidated Damages shall be assessed at rate to be determined by the Owner for each Project assignment. 5.4 In the event the Owner desires to accelerate the schedule for any portion of the Work, the Owner shall notify the Construction Manager in writing. Within 7 days, the Construction Manager shall give the Owner a revised Guaranteed Maximum Price for the acceleration which shall become a Change Order upon acceptance by the Owner. The Owner may then direct the Construction Manager to increase its staff and require its Trade Contractors to increase their manpower, or to work such overtime hours as may be A-9 necessary to accomplish the required acceleration in accordance with the approved Change Order. In such event the Owner shall reimburse the Construction Manager for the costs of such acceleration subject to the Guaranteed Maximum Price. In no event shall the Construction Manager be entitled to compensation in excess of the adjusted Guaranteed Maximum Price. The Construction Manager shall require accurate daily records of all costs of the required acceleration and shall secure the Owner's approval of such records. 5.5 The Owner shall have the right to occupy, or use, any portion of the Work ahead of schedule. If use or occupancy ahead of schedule affects the Cost of the Project or the schedule for the Work, the Construction Manager shall so notify the Owner in writing within 7 days of discovering the Owner's intent to occupy or use a portion of the Work ahead of schedule of the monetary extent or time impact of the Owner's actions on the Construction Manager's Work. The Owner shall consider the Construction Manager's writing as a request for a Change to the Work in accordance with Article 9, herein. ARTICLE 6 -Guaranteed Maximum Price 6.1 The "Guaranteed Maximum Price" (GMP) includes Cost of the Work required by the Contract Documents as defined in Article 8 herein, and the Construction Manager's fee as defined in Paragraph 7.2 herein. The GMP will be established based on Construction Documents prepared by the Architect/Engineer. The GMP is subject to modification for changes in the Work as provided in Article 9, herein. 6.2 The GMP will only include those taxes in the Cost of the Work which are legally enacted at the time the GMP is established. 6.3 All cost savings for the not-to-exceed value of the GMP shall be returned to the Owner as part of the net aggregate savings established when final accounting is submitted upon Final Completion of the Work, or at such earlier time as agreed to by the Owner and the Construction Manager. "Cost savings" are the net difference obtained by deducting from the Adjusted GMP, the documented Construction Manager's Fee, the expended portions of the construction contingency and the actual expenditures representing the Cost of the Work as defined in Article 8, herein. Liquidated damages, if any, are different from, and are not a part of, this calculation. 6.4 In addition to the cost of work, the GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Contractor will be required to furnish documentation evidencing expenditures charged to this contingency prior to the release of funds by the Owner. Documentation for use of the Contingency shall be determined by the Owner. The Architect-Engineer shall verify the actual costs. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. If bids are received above the applicable line item in the GMP the deficiency will betaken from the contingency, however such events shall not be cause to increase the GMP. A-10 If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Contractor may perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. 6.5 By execution of this Agreement, the Construction Manager certifies that all factual unit costs supporting the fees specified in this Agreement are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished the Owner in the future to support any additional fees that may be authorized will also be accurate and complete. The fees specified in this Agreement and any additional fees that may be authorized in the future shall be adjusted to exclude any significant sums by which the Owner determines the fee was increased due to inaccurate, incomplete, or non-current factual unit costs. 6.6 Adjustments to the GMP will be made as described in the Conditions of the Contract. ARTICLE 7 -Payments to Construction Manager 7.1 In consideration of the performance of the Contract, the Owner agrees to pay the Construction Manager, as compensation for its services an amount as set forth below: 7.1.1 For preconstruction services, the total sum amount to be paid in the amounts specified at the satisfactory completion of the following phases 100% Schematic Design 100% Design Development 50% Construction Documents 100% Construction Documents 7.1.1.1 Upon receipt of the Notice to Proceed, the Construction Manager shall begin providing the indemnification described in the Conditions of the Contract, as part of the fee established for the first phase of preconstruction services. 7.1.2 Upon acceptance of the GMP, the amount established in the GMP Amendment to this Agreement, which includes the Construction Manager's fee as described in Paragraph 7.2 and the Cost of the Work as described in Article 8, to be paid monthly as described in the General Conditions of the Contract. 7.1.2.1 As required by Section 287.0585, F.S., within seven working days from receipt of payment from the Owner, the Construction Manager shall pay each Trade Contractor out of the amount paid to the Construction Manager on account of such Trade Contractor's Work, the amount to which said Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said Trade Contractor's Work. The Construction Manager shall, by appropriate agreement with each Trade Contractor, require each Trade Contractor to make payments to its subcontractors in a similar manner. A-11 7.1.3 Pay requests for preconstruction services and for construction shall be documented in accordance with the General Conditions. 7.2 Construction Manager's Fee during the Construction Phase includes the following: 7.2.1 The cost of its home or branch office employees or consultants not at the Project site, including the cost of all benefits, insurance, and taxes attributable to wages and salaries and other company overhead expenses for said home office employees. 7.2.2 The cost of its field employees identified 'in Subparagraph 2.2.5 herein, or their approved replacements, including the cost of all benefits, insurance, and taxes attributable to wages and salaries for said field employees. 7.2.3 General operating expenses of the Construction Manager's principal and branch offices other than the field office. 7.2.4 Any part of the Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. 7.2.5 Overhead and profit, or general expenses of any kind, except as may be expressly included in Article 8, herein, as Cost of the Work. 7.2.6 All travel and per diem costs of Construction Manager's employees and consultants. 7.2.7 Those services set forth in Article 2.2 7.2.8 Expenses such as long distance telephone calls, telephone service at the site, postage, office supplies, expressage, and similar items in connection with the Work. 7.2.9 Cost of equipment such as typewriters, cameras, radios, computers, pagers, copiers, facsimile equipment, telephones, dictating units, trailers, vehicles and furniture purchased or rented by the Construction Manager. 7.2.10 Administration of direct tax savings purchase program. 7.3 Adjustments in the fee will be made as follows: 7.3.1 Adjustments due to Changes in the Work shall be made as described in the General Conditions of the Contract. 7.3.2 For delays in the Work caused by the Owner, the Construction Manager shall be entitled to additional fees to compensate the Construction Manager for its increased expenses. The amount of this increased fee shall be calculated at a daily rate derived by dividing the basic fee (excluding overhead and profit) established in the accepted GMP proposal by the Contract Time established in the GMP Amendment to the Agreement. A-12 7.4 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre audit and post audit thereof. ARTICLE 8 -Cost of the Work 8.1 The term "Cost of the Work" shall mean costs including General Conditions costs, incurred in the Work as described and defined in Paragraph 8.2, below, and paid or incurred by the Construction Manager, which are not included in Paragraph 7.2, less any reimbursement for scrap value and cash or trade discounts, subject to Article 10, herein. The term "wages" used herein shall include the straight time and overtime pay and the cost of associated employee benefits. Employee benefits include, but are not limited to, unemployment compensation, social security, compensated absences, and other mandatory and customary contributions and fringe benefits insofar as such costs are based on wages, salaries, or other remuneration paid to employees of the Construction Manager. Employee benefits do not include Workers' Compensation insurance when such insurance is provided by the Owner in accordance with Article 11. 8.1.1 The Owner agrees to pay the Construction Manager for the Cost of the Work as defined in Article 8, herein, through completion of the Work. Such payment shall be in addition to the Construction Manager's Fee as stipulated in Paragraph 7.2, herein. 8.2 Cost of the Work includes and is limited to actual expenditure for the following cost items: 8.2.1 Subject to prior approval by the Owner, wages paid for labor in the direct employ of the Construction Manager other than those provided under Paragraph 7.2, herein, as a part of the Construction Manager's Fee in the performance of the Work under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the Owner and Construction Manager, and including benefits, if any, as may be payable with respect thereto. 8.2.2 The cost of all materials, supplies and equipment incorporated in the Work or stored on site, including cost of transportation and storage thereof. At the Owner's sole discretion, the Owner may make payment for materials, supplies and/or equipment stored off-site and bonded. 8.2.3 Payments made by the Construction Manager to Trade Contractors for their Work performed pursuant to Trade Contracts with the Construction Manager. 8.2.4 Cost of the premiums for all insurance or bonds including Trade Contractor bonds which the Construction Manager is required to procure by this Agreement, or other insurance or bonds subsequently deemed necessary by the Construction Manager, and agreed upon by the Owner. The cost of insurance for the Construction Manager, trade contractors, and sub-subcontractors at any tier in the Work shall be excluded for any insurance to be provided by the Owner in accordance with Article 11 herein. A-13 8.2.5 Sales, use, gross receipt, or similar taxes related to the Work imposed by any governmental authority and for which the Construction Manager is liable. 8.2.6 Building and operating permit fees, inspection and filing fees, sewer and waterfees, and deposits lost for causes other than the Construction Manager's own negligence. 8.2.7 Cost of removal and disposal of all debris including clean-up and trash removal. 8.2.8 Cost incurred due to an emergency affecting the safety of persons and/or property. 8.2.9 Subject to prior written approval by Owner, legal costs reasonably, and properly, resulting from prosecution of the Work for the Owner provided, however, that they are not the result of the Construction Manager's own negligence or malfeasance. Legal costs incurred in connection with disputes solely between the Construction Manager and the Owner or incurred in connection with disputes between the Construction Manager and Trade Contractors are the responsibility of the Construction Manager and shall not be included in the Cost of the Work. 8.2.10 Cost to the Construction Manager of temporary electric power, lighting, water, sanitary facilities, and heat required for the performance of the Work, or required to protect the Work from weather damage. 8.2.11 Cost to the Construction Manager of temporary safety-related protection including barricades and safety equipment, temporary roads and parking, dust control, pest control, installation and operation of temporary hoists, scaffolds, ladders and runways, and temporary project signs and costs of permits and fees pursuant to the General Conditions of the Contract. 8.2.12 Cost of watchmen or similar security services. 8.2.13 Cost of surveys, measurements and layout work reasonably required for the execution of the Work or the requirements of the Agreement. 8.2.14 Cost of preparation of shop drawings, coordination plans, photographs, or as-built documents not included in Trade Contracts. 8.2.15 All costs for reproduction of documents to directly benefit the work. 8.2.16 Costs directly incurred in the performance of the Work and not included in the Construction Manager's Fee as set forth in Paragraph 7.2, herein. 8.2.17 Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen which are employed or consumed in the performance of the Work. A-14 8.2.18 Rental charges of all necessary machinery and equipment, including hand tools used in the performance of the Work, whether rented from the Construction Manager or others, including installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation and delivery costs thereof. 8.2.19 Costs associated with setting up and demobilizing tool sheds, temporary fences, temporary roads, and temporary fire protection. ARTICLE 9 -Chances in the Work 9.1 The Owner, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions. All changes in the Work shall be authorized as described in the General Condition of the Contract. Except in cases of emergency endangering life or property, the Construction Manager shall allow no Changes in the Work without the prior written approval of the Owner. ARTICLE 10 -Discounts 10.1 All quantity discounts shall accrue to the Owner. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment shall be credited to the Owner. ARTICLE 11 -Insurance 11.1 The Construction Manager shall provide insurance as required by the General Conditions of the Contract. 11.2 The Owner may elect to purchase insurance under an Owner Provided or Controlled Insurance Program, Master Contractor Insurance Program, Municipality Controlled Insurance Program or a Contractor Controlled Insurance Program, in which case the Construction will provide coordination with the Owner and the Owner's insurance broker, as required. The Owner will inform the Construction Manager of its intention regarding insurance in sufficient time before the execution of the Guaranteed Maximum Price amendment to allow the Construction Manager to arrange for insurance and include the costs in the GMP, if necessary. 11.3 For insurance coverage, if provided by the Owner in accordance with Paragraph 11.2 above, the Owner shall provide insurance in effect from the issuance of the Notice to Proceed with the Work until Final Completion of the Work, and the Construction Manager shall ensure that each Trade Contractor and Sub-subcontractor are insured under the Owner's insurance programs, in accordance with this Article. A- 15 ARTICLE 12 -Contract Time; Liauidated Damages 12.1 The work will be substantially completed within calendar days from the date of the issuance of the Notice to Proceed, and completed and ready for final payment in accordance with paragraph 15.13 of the General Conditions within calendar days from the date of Substantial Completion. 12.2 Liquidated Damages. The Owner and Construction Manager recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 12.1 above, plus any extensions thereof allowed in accordance with Article 13 of the General Conditions. They also recognize that the actual loss suffered by the Owner if the Work is not completed on time is not readily ascertainable at the time of entering this Contract. Accordingly, instead of requiring any such proof, the Owner and Construction Manager agree that as liquidated damages for delay (but not as a penalty) Construction Manager shall pay the Owner one thousand dollars ($1,000) for each day that expires after the time specified in paragraphs 12.1 for substantial completion until the Work is substantially complete. After Substantial Completion if Construction Manager shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the Owner, Construction Manager shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 12.1 for completion and readiness for final payment. Construction Manager expressly acknowledges that such sum is not payable as a penalty but as liquidated damages representing a reasonable estimate of delay damages, inconvenience and additional overhead and costs likely to be sustained by the Owner, estimated at the time of executing the Contract. If the owner reasonably believes in its discretion that Substantial Completion will be delayed, it shall be entitled, but not required to withhold from any amounts otherwise due the Construction Manager an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. Partial use or occupancy of the Work shall not result in the Work deemed substantially completed, and such partial use or occupancy shall not be evidence of Substantial Completion. It shall be understood and agreed that the liquidated damages referred to herein serves to compensate Owner for the loss of use of the Project and does not include the cost to Owner of expenses relating to professional services, consulting fees permit fees, renewals, utilities, taxes and the like necessitated or incurred due to the extended project duration. ARTICLE 13 - No Damages For Delay 13.1 All time in the Contract Documents is calculated on a consecutive calendar day basis. 13.2 Time is of the essence in this Contract, and any breach of same shall go to the es- sence hereof, and Construction Manager, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all reasonable hindrances and delays incident to his work. A-16 13.3 Construction Manager agrees to commence the Work when directed by the Owner and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the Owner shall not be delayed by any act or omission of Construction Manager in completion of the Project within the time specified above. 13.4 Construction Manager shall not be entitled to any claim for damages on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the Owner, such act, hindrance or delay may only entitle the Construction Manager to receive an extension of time as its sole and exclusive remedy, as set forth in Article 13 of the Contract General Conditions. 13.4.1 Any extension of time to complete the Work shall be determined. by the Architect/Engineer provided the Construction Manager provides Architect/Engineer and Owner with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 13.4.2 In the event the request for extension is not made in writing within that twenty day time period, Construction Manager acknowledges and agrees it has forever waived any and all rights to such an extension. 13.4.3 All extensions of time shall be authorized only by a written change .order executed by the Owner, Architect/Engineer and Construction Manager; in the absence of a written and fully executed change order, Construction Manager. shall not be entitled to any claim for additional time. 13.4.4 This "no damage for delay" provision shall encompass any damages for delay, acceleration or disruption even if the Construction Manager completes construction of the Work in a timely fashion in accordance with this Contract. 13.4.5 Damages as referenced in this "no damage for delay" provision shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 13.4.6 The Construction Manager recognizes and specifically acknowledges the terms and conditions of this "no damage for delay" clause upon execution of this Contract. ARTICLE 14 - Contract Documents The Contract Documents which comprise the entire agreement between the Owner and Construction Manager concerning the Work consist of the following: A-17 14.1. Request for Proposals. 14.2. Construction Manager's Proposal. 14.3. This Agreement. 14.4. Exhibits to this Agreement. 14.5. Florida Performance Bond. 14.6. Florida Payment Bond. 14.7. Certificates of Insurance. 14.8. Notice of Tentative Award. 14.9. Notice to Proceed. 14.10. Certificate of Substantial Completion. 14.11. Warranty of Title. 14.12. Final Receipt. 14.13. General Conditions. 14.14. Supplemental General Conditions as listed in TABLE OF CONTENTS thereof. 14.15. Technical Specifications as listed in TABLE OF CONTENTS thereof. 14.16. Drawings, consisting of cover sheet and sheets numbered through ,with each sheet bearing the following general title: FIRE STATION NO.4 City of Delray Beach Project. No. 2006-016 14.17. Addenda number to ,inclusive. 14.18. Documentation submitted by CONTRACTOR prior to Notice of Tentative Award (pages to ,inclusive). A-18 14.19. The following which may be delivered or issued after the Effective Date. of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pur- suant to paragraphs 4.4 and 4.5 of the General Conditions. 14.20. The documents listed in paragraph 14.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above).There are no Contract Documents other than those listed above in this Article 14. The Contract Docu- ments may only be amended, modified or supplemented as provided in paragraphs 4.4 and 4.5 of the General Conditions. ARTICLE 15 -Indemnity In consideration of Ten Dollars ($10.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, Construction Manager agrees to defend, indemnify and hold harmless the Owner, their agents and employees in accordance with paragraph 7.28 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06, as amended. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefor. ARTICLE 16 -Reimbursement of Architect/Enaineer Expenses Should the completion of this Contract be delayed beyond the specified or adjusted time limit, Construction Manager shall reimburse the Owner for all expenses of consulting and inspection incurred by the Owner during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the Owner will be charged to Construction Manager and be deducted from payments due Construction Manager as provided by this Contract. Said expenses shall be further defined as Architect/Engineer charges associated with the construction contract administration, including resident project representative costs. ARTICLE 17 -Weather Protection The Construction Manager shall ascertain what temporary enclosures, if any, of building areas should be provided for and may be provided as a practical matter, in order to assure orderly progress of the work in periods when extreme weather conditions are likely to be experienced. He shall submit to the Construction Team his recommendations as to needed requirements of this nature and as to the contract or contracts in which they should be included. A-19 ARTICLE 18 -Warranty The Construction Manager shall warrant that all materials and equipment included in the Work will be new except where indicated otherwise in the Contract Documents, and that the Work will be of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and specifications. With respect to the Work, the Construction Manager further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one year from the Date of Final Completion or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The Construction Manager shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. Also, the Construction Manager shall conduct, jointly with the Owner and the Architect/Engineer, a warranty inspection eleven (11) months after the date of Final Completion. ARTICLE 19 -Subcontractors The Construction Manager shall request and receive proposals from Sub-Contractors and suppliers and will award those contracts to the qualified low bidder after he has reviewed each proposal and is satisfied that the Sub-Contractor is qualified to perform the work. 19.3 Required Sub-Contractors' Qualifications and Subcontract Conditions 19.3.1 Subcontractual Relations: By an appropriate written agreement, the Construction Manager shall require each Sub-Contractor to the extent of the work to be performed by the Sub-Contractor, to be bound to the Construction Manager by the terms of the Contract Documents, and to assume toward the Construction Manager all the obligations and responsibilities which the Construction Manager by these Documents, assumes toward the Owner and the Architect/Engineer. Said agreements shall preserve and protect the rights of the Owner and Architect/Engineer under the Contract Documents with respect to the Work to be performed by the Sub-Contractor so that the subcontracting thereof will not prejudice such rights. Where appropriate, the Construction Manager shall require each Sub-Contractor to enter into similar agreements with his Sub-Subcontractor. The Construction Manager shall make available to each proposed Sub-Contractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Sub- Contractorwill be bound by this Article 19.3 and identify to the Sub-Contractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Sub-Contractor shall similarly make copies of such Documents available to his Sub-Subcontractors 19.3.2 Subcontract Requirements: On subcontracts where the bid exceeds $100,000, the Construction Manager shall require Sub-Contractors to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by A-20 the Department of Insurance. If the Construction Managerwishes to award subcontracts to subcontractors unable to supply this bonding, he shall request special authorization by the owner to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. Subcontract bidders must submit experience, bonding capability and financial condition. The Sub-Contractors experience, bonding capability and financial condition must demonstrate that adequate assets and equipment are available to properly perform the subcontract. Sub-Contractor experience: The Sub-Contractor must have successfully completed no less than two projects of similar size and complexity within the last five years. Supervision: The Sub-Contractor must agree to provide field (on-site) supervision through a named superintendent for each trade (general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in the subcontract. In addition, the Sub-Contractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the Sub-Contractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Sub-Contractor shall include a resume of experience for each employee identified by him to supervise and schedule his work. All subcontracts shall provide: a. LIMITATION OF REMEDY - NO DAMAGES FOR DELAY That the Sub-Contractors exclusive remedy for delays in the performance of the contract caused by events beyond its control, including delays claimed to be caused by the Owner or Architect/Engineer or attributable to the Owner or Architect/Engineerand including claims based on breach of contract or negligence, shall be an extension of its contract time. In the event of a change in the work the Sub-Contractors claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 15% for overhead and profit and bond costs. Each subcontract shall require the Sub-Contractor to expressly agree that the foregoing constitute the sole and exclusive remedies for delays and changes in the work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. b. Each subcontract shall require that any claims by Sub-Contractor for delay or additional cost must be submitted to Construction Manager within the time and in the manner in which the Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. A-21 19.4 Responsibilities for Acts and Omissions: The Construction Manager shall be responsible to the Owner for the acts and omissions of his employees and agents and his Sub-Contractors, their agents and employees, and all other persons performing any of the work or supplying materials under a contract to the Construction Manager. ARTICLE 20 -Termination of the Agreement and Owner's Right to Perform Construction Manager's Obligations 20.1 Termination by the Construction Manager If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Construction Manager, or the Owner fails to perform its material obligations to the Construction Manager for a period of sixty (60) days after receiving notice from the Construction Manager of its intent to terminate hereunder, then the Construction Manager may, upon seven days written notice to the Owner, terminate performance under this Agreement by written notice to the Owner and the Architect/Engineer. In such event, the Construction Manager shall be entitled to recover from the Owner as though the Owner had terminated the Construction Manager's performance without cause pursuant to the terms and conditions of this Agreement. 20.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause 1. If the Construction Manager fails to perform any of his obligations under this Agreement, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. 2. If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls 45 days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager fails to commence to cure the violation, terminate the employment of the Construction Manager A-22 and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Construction Manager, and mayfinish the Project by whatever method Owner may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 6. Reasonable termination expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager . 3. If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, terminate the employment of the Construction Manager and take possession of the site and of all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statute and all materials, equipment, tools, construction equipment and machinerythereon, owned by the Construction Manager, and may finish the project by whatever method he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 6. Reasonable termination expenses incurred by the Owner maybe deducted from any payments left owing the Construction Manager. 4. If the Owner is unable to obtain ownership of all parcels required for this project, as determined by Owner, in its sole discretion, then Owner may terminate this Agreement upon ten (10) days written notice. Owner shall pay Construction Manager only for the fees and costs incurred by the Construction Manager through the date of termination. 20.3 Termination by Owner Without Cause 1. If the Owner terminates this Agreement without cause, he shall reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 7, plus that part of the unpaid balance of the Construction Phase Fee in an amount as will increase the payment on account of his fee to a sum which bears the same ratio to the Construction Phase Fee as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner's Construction Budget. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shall further assume and become liable for obligations, commitments and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good faith in connection with .said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 20, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manager under such obligations A-23 or commitments. 2. After the establishment of the Guaranteed Maximum Price or at the completion of the Design Phase, if the final cost estimates or lack of legislative funding make the Project no longer feasible from the standpoint of the Owner, the Owner may terminate this Agreement and pay the Construction Manager his proportionate fee due for preconstruction services plus any costs incurred. ARTICLE 21 -Assignment and Governing Law 21.1 Neither the Owner nor the Construction Manager shall assign his interest in this Agreement without the written consent of the other. 21.2 This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County. ARTICLE 22 -Miscellaneous 22.1. Terms used in this Agreement which are defined in Article 1 of the General Con- ditions and Article 1 of this Agreement will have the meaning indicated. 22.2. The Owner and Construction Manager each binds itself, its partners, its successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 22.3 Interest. Any monies not paid when due to either party under this contract shall not bear interest except as may be required by law. 22.4 Criminal Acts. Employment by any Construction Manager of any employees or Trade Contractors hired by the Construction Manager with multiple felonies will not be tolerated. The Construction Manager must provide documented proof of efforts to comply with this requirement. The Owner may declare any non-compliance or lack of diligent effort by the Construction Manager to comply as a breach of contract and immediately terminate the services of the Construction Manager. 22.5 The agreement shall be void if not signed by both the Owner and the Construction Manager. A-24 IN WITNES S WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: City Clerk Mayor, Jeff Perlman Approved as to Form: City Attorney WITNESSES: By: (Name Printed or Typed) (Name Printed or Typed) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_, by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. CRAFT A-25 CERTIFICATE (if Corporation) STATE OF FLORIDA ) SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_ the following resolution was duly passed and adopted: "RESOLVED", that as President of the corporation, be he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the corporation this day of , 20_. (Secretary) (Corporate Seal) ^RART A-26 ~ ~ + C '• -~ alt t ~~ ? i y P P • O c P P P d O P P P P P P P P P R d I `` ~ 3 ~ ' d 3 ,~ 6 . 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N W 10 tD +W W W O N O 0 00 O V O N V 0 ~M O ~ N V A VV A O °I W 0 V -+N W W O W O N NW O W N N O N Ir ~ N CI, W __ ~i T O m O r O Am D im m r. a~ n n ~ n 1 m D~D D n 1Wf1 D = r O rz 3 ~ cm.'0 O ~ 3~m c O •• m D 'i O°D ~+ z w"'O i ~ ~ z l Z D C D A r G Z ~ ~ A y m Oc~ m ~ Zoe y y r~• m m °.o°oD y m ~T mm ' zD i rVx Xx v i X FOR REVIE EXHIBIT 2.1.4.8 Pink colored text denotes items rec 10,811 <__= s ft pay ap line amendment item # item dE • burden rate total burden total rate 1 base 01-116-0 Advertisin Ex ense 1 base 01-310-L Senior Vice President 0.00% $ - $ 452.63 1 base 01-320-L VP of Construction 8.50% $ 895.05 $ 2,425.05 1 base 01-322-L Senior Estimator 8'50% $ 2,237.63 $ 6,062.63 1 base 01-322-L Estimatin Technicia 8.50% $ 3,580.20 $ 9,700.20 1 base 01-325-L Pro'ect Mana er X8.50% $ 1,342.58 $ 3,637.58 1 base 01-330-L Pro'ect Administrativ '8.50% $ 1,243.13 $ 3,368.13 1 base 01-332-L Office Mana ement 8.50% $ 167.82 $ 454.70 1 base 01-333-0 Office Com uters / co 8.50% $ 633.99 $ 1,717.74 1 base 01-335-L Pro'ect En ineer .00% $ - $ 428.80 1 base 01-399-L 8.50% Schedulin En ineer $ 261.06 $ 707.31 1 base 01-402-0 _ rints 8.50% Plans /Blue $ 317.00 $ 858.87 1 base 01-403-0 p •00% Pro'ect Photo ra h $ - $ 5,000.00 1 base 01-503-0 p s Telephone/Lon Dista •00% $ $ 239.63 1 base 01-504-0 Portable Phones •00% $ - $ 559.13 .00% $ - $ 153.36 1 base 01-529-0 Office Ex ense 1 base 01-995-0 Vehicle Ex ense .00% $ _ $ 371.25 1 base fee Profit •00% Overhead 8 $ - $ 2,595.00 ~ .00% $ - $ 6,567.97 uction Mana gers Fee Article 2.1) $ 45.299.95 GMP Estimate 030807 EXHIBIT 2_1_4 PRECON ONLY Sheetl 3112/2007 3:59 PM Date: 15 Mar 2007 AGENDA REQUEST Request to be placed on: Consent Agenda _X_Regular Agenda -Workshop Agenda -Special Agenda When: 20 Mar 2007 Description of Agenda Item (who, what, where, how much): Approval of the agreement and related proposal for preconstruction services phase for the Fire Station No. 4 project's Construction Management at Risk Contract in the amount of $45,299.95 (P/N 2006- 016). Funding is available from Account # 334-6112-522-62.10, General Construction Fund/Fire Station No. 4. Recommendation: Staff recommends approval of the agreement and related proposal for the preconstruction services phase of the Construction Management at Risk contract for the construction of Fire Station No. 4. Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / o Initials: ~~- Account Number 33~f '~o~('Z `S~Z~ ~ ~" ~~ ~- ` Description ~'~ ~Q ~~~I~ (7Yti Account Balance: ~ zi `3~ ~3~~ Funding Alternatives: City Manager Review: (if applicable) Approved for Agenda: e No Initials: ~~~" 1 I Hold Until: AGENDA ITEM NUMBER: ~' "~ S, Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2 00612006-01 6 (RFQ's -BOX-PROJ FILE 2006-005)\OFFICIAUagenda request cataifumo 03-20.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Maureen Owens -Accountant II ~r! "~ THROUGH: CITY MANAGER DATE: May 10, 2007 SUBJECT: AGENDA ITEM # ~ ~ ~ -REGULAR MEETING OF MAY 15, 2007 CAPITAL FUNDING ALTERNATIVE- TRANSFERRING SURPLUS FUNDS FROM THE INSURANCE FUND TO THE GENERAL CONTRUCTION TO FUND THE IT BUILDING. CITY HALL RENOVATIONS & THE SAN DATA STORAGE PACKAGE ITEM BEFORE COMMISSION This item is before the Commission to approve transferring $2,094,486 from the Insurance fund prior year surplus to the General Construction fund to provide funding for the IT Building ($974,400), the City HalUCity Chamber renovations ($672,000) and the SAN Data Storage Package ($448,086). BACKGROUND At the May 8, 2007 workshop meeting the Commission approved the transfer from the Insurance fund to the General Construction fund to provide the funds needed to complete these projects. We are now requesting that this item be place on the consent agenda for approval. The IT Building will include new construction of a 3000 SF building which would also include the design and interior modification cost. The City Hall/City Chamber renovations include interior modifications for the chamber, and the Planning and the Community Development Departments. The SAN Data Storage package will include the purchase of eight (8) virtual server units, two (2) SAN units, software & hardware components along with installation and three years maintenance. FUNDING SOURCE The funds will be transferred from the Insurance fund unrestricted fund balance to the General Construction fund to provide funding for these projects. RECOMMENDATION Staff is recommending that the Commission approve transferring $2,094,486 from the Insurance fund to the General Construction Fund as a funding alternative, therefore reducing the overall bond issue. Enclosure: Correspondences-Capital Improvement Financing Alternatives dated May 4, 2007 & SAN Mirroring dated Apri125, 2007 cc: Joseph Safford - Finance Director Milena Walinski -Assistant Finance Director MEMORANDUM To: David T. Harden, City Manager From: Joseph M. Saffor , finance Director Date: May 4, 2007 Subject: Capital Improvement Financing Alternatives We would recommend the use of some of our in-house reserves to finance some of the upcoming bond issue projects along with our storage area network (SAID that was explained in correspondence dated April 25, 2007 (attached). This would reduce the overall bond issue and would not conflict with any of our required reserves or additional reasonable reserves set aside for contingencies and storm activity. We would recommend the following projects be funded with a transfer of reserves from the Insurance Fund: 1 Hurricane-Hardened IT Buildin $974,400 2 SAN Data Stor a Pack a $448,086 3 Cit Hall Renovations $672,000 Total Costs $2,094,486 The Insurance Fund expenses for liability claims are required to be budgeted based upon a third party actuarial report. Over the past several years our liability claims activity has been well below the actuarial estimates and has thus created some substantial reserves. Since most of these reserves were paid for by the General Fund, we felt that the projects mentioned above are General Fund projects and could therefore be paid by these reserves. The use of these reserves would still leave over $4.0 million in reserves in the Insurance Fund for contingencies and storm damage claims where we would have to up-front some of the damage claims costs prior to FEMA and insurance carrier payments. This should be more than enough to cover these situations. Please consider this recommendation for our meeting on May 8a'. Enclosure: SAN Mirroring Solution correspondence dated April 25, 2007 MEMORANDUM To: David T. Hazden, City Manager From: Joseph M. Safford, Finance Director Date: Apri125, 2007 Subject: Capital Improvement Requests- SAN Mirroring Solution This memorandum is issued to request approval of the City Commission for the purchase of a storage area network (SAN) minoring solution consisting of two (2) SAN units, eight (8) virtual server units, related hazdwaze and software components along with installation and three yeazs maintenance. It is recommended that this system be purchased and installed to coincide with the construction of our new, hurricane-hardened IT building. This recommendation is coming from our technical IT engineering consultant, Mr. Jim Sinopoli. The cost of this request is $448,086. We would request funding this cost from the transfer of funds from the Insurance Fund to the Capital Improvement Fund. The Insurance Fund has $6 million in Unrestricted Fund Balance that has accumulated over the past several yeazs from lower than anticipated claims activity primarily from property and casualty claims. We feel that this system presents amost-effective, cost-savings solution to our goals for system capacity, redundancy, daily backup and business interruptionlbusiness recovery plans for the distant future. This system has been recommended for several yeazs in both the Enterprise Technology Plan and the Capital Improvement Plan. Backeround- Present System Our present IT system consists of two (2) IBM iSeries mid-range server units that are mirrored (1 in City Hall and 1 in the Police Headquarters building) allowing us partial system redundancy. If one iSeries system was to fail, the other system would automatically take over. The City currently operates in a "single server" environment consisting of 46 individual servers that contain individual network applications and data storage. This server configuration is recognized as a single point of failure configuration since, if any individual server fails, the applications and stored data would not be available to users until that particulaz server is repaired or replaced and brought back on line. We do not have redundant servers in the Police Department. This is not the optimal solution for fault tolerance or redundancy. Fault tolerance and system redundancy are two of our primary operating goals and objectives. In addition, with the amount of data we currently store and backup, we are taking almost all night to prepaze daily backup files with the exception of our Exchange server. The Exchange server (mailbox data) is so large that it can only be backed up on weekends. The hardware components mentioned above are connected to our various City facilities with fiber optic lines and switches with fiber ports. The fiber optic lines offer us transmission speeds that are almost unlimited and are only limited by the speed of the equipment connected to each end of the fiber line. All of our critical fiber optic lines are underground. With the Adelphia I-Net contract, we have finished connecting our remote sites with above-ground fiber optic lines. We recently completed a fiber optic loop to Police headquarters and Fire headquarters. We are currently in the process of completing a second fiber optic loop to ESD. Therefore, our essential services sites will be connected with fiber optic loops which allow us to have continued redundant backup operations to our critical sites if any part of a fiber line is severed. The hardware components mentioned above are connected internally from the ports on the switches to our internal PC and printer user environment with internal cabling. We are currently upgrading all internal cabling from CAT 1 and CAT 2 cabling to CAT 6 cabling or fiber optic lines to increase internal transmission speeds. We have completed the purchase and installation of a second large switch which means we have redundant switches both in the Police Department and City Hall. Observations and Recommendations As you can see, the City really only has one primary area of weakness in our system. This weakness had been identified several years ago and has been addressed in our Enterprise Technology Plan. That weakness is in our single server environment. All our servers are in City Hall. We do not have redundant servers in our secondary site, the Police Department. This single server environment means that if any individual server fails or needs to be taken down for maintenance or upgrades, the applications and data will not be available for the period needed to recover that server. Our recommendation is to have servers designed to operate in a cluster environment with larger "virtual" Enterprise servers and SAN units. Virtual Enterprise servers are large servers that can contain a capacity from 10-30 individual servers (dependent upon function) in which, if any individual internal server goes down for any reason, the server cluster software automatically switches that activity to another internal server. By locating duplicate virtual servers in City Hall and the Police Department, we would have full server redundancy with mirrored units. We can replace our current 46 servers with 8 virtual servers. We would place 4 virtual servers in the Police Department and 4 in City Hall. These virtual servers would be mirrored. A SAN unit is a storage area network system that centrally stores all data files from current individual data servers. By locating one SAN unit in City Hall and one SAN unit in Police Headquarters, we would have full redundancy of data with mirrored units. These storage systems also allow us to do "snapshot" backups that are done on-line during the day so that systems do not have to come down for backups and backups are done more efficiently and much faster than current systems. Advantages of the Recommended SAN Mirroring Solution Cost-effective Consolidating the present total number of servers from 46 to a server cluster of 8 virtual servers will save space, air-conditioning load, maintenance, licensing costs and replacement costs. Presently, an individual server costs approximately $5,000 each so the cost of the present 46 individual servers is $230,000. The cost of an Enterprise server is approximately $17,500 (bulk purchase price) but is able to replace from 10-30 individual servers. Therefore, the cost of eight (8) virtual Enterprise servers (equal to 80-240 individual servers) is $140,000. The City essentially has reduced its number of server units from 46 to 8, has reduced the overall replacement cost by $90,000 and has allowed fora 100%-300% future growth capacity in data storage for no additional cost which is a savings of $230,000-$690,000. Over time, these capacity and replacement cost savings would pay for the entire SAN mirroring solution including the 8 virtual servers. Additional cost and efficiency savings will be realized but aze more difficult to quantify. These savings would result from reduced space needs, reduced power loads, reduced loads on universal power supply battery backup systems, lower maintenance costs, increased productivity (less downtime due to redundancy), and improved system efficiency. Individual servers can be added within an Enterprise server unit in a matter of minutes whereas a new individual server could take weeks to order, receive, format, and bring on-line. • Improved Svstem Backup Operations By placing all our data files on redundarn SAN data storage units instead of individual servers, we can prepaze backups using a softwaze technology called "Snapshot Backup". This software takes a picture of the SAN data and allows you to backup your data, without bringing down your systems, during business hours or after hours at your discretion. This solution would give us a 100% assurance of a complete daily backup of our entire system data files which would include our Exchange mailbox server unit which is now only backed up on weekends due to its size. • Improved Business Interruption/Disaster Recovery Plan It is important to recognize that our current single server environment is considered a single point of failure. Any individual server or multiple servers can go down and whatever is on those servers will be unavailable until replacement servers can be purchased, received, installed, reformatted, and loaded which can take hours, days or longer dependent upon availability. For example, with our current single server environment, when we move to the new IT building, we would have to bring down all our servers located in City Hall. This would mean all data and operations stored on these servers would be lost until the move was completed, systems reinstalled, tested, and operational. This could take several hours or several days unless there was some unforeseen problem. This could impact all user operations to include Police mobile units. The SAN solution with the mirrored SAN units and mirrored virtual server units, if installed prior to the move to the new IT building, would prevent this problem since the entire City could continue to run on the Police Department system while the City Hall system was being moved to the new building. Purchasing Information We would recommend Dell SAN Solution to include two (2) SAN units, eight (8} virtual (VMware) servers, two (2) Exchange servers, one (1) Proxy server, installation, training and other related expenses totaling $448,086. A budget transfer from the Insurance Fund to the Capital Improvement Fund of this amount will be prepared with the funds set up in account number 334-6111-521-64.11. This Dell equipment is on State Contract Number 250-000-03-1. We would consider this project critical with a high priority being assigned for the reasons outlined. This equipment needs to precede the completion of the new hurricane-hardened IT building to ensure the continuation of critical operations during the move to the new building. Thank you for your consideration. Cc: Guy Buzzelli, Chief Information Officer Ed Del Portillo, Project Manager/LAN f0 H O Q O d. C O N C O a., N .~ 7 'L G1 fC 3 L ~ u -~ ro ~ 3 m ~ ~ ~ ~ ~L L O o g ~ Z tU vai ~ _ N a0 N U ~_ U N r U M U U N N U (O N U (V ..+ m ~+ ~ 3 O N N N N U C V ~ C ~' U X ._ X 0 X X N ~p N N C_ C r .. O N N N N N ~ O ~ .~ ~? o~ O U `p ~ U O X N ~ > > G a U ~ N Q •- - - ~ ~ V ~ X X X C fd X tp O ~ ~ m a~ .d ~ C 0 (Q ~ ~ ~ ~ ~ E T X - ° C ~ x N N c 0 AGENDA ITEM NUMBER: ~ _ AGENDA REQUEST Request to be placed on: _May 15, 2007 Date: _May 9, 2007 _X_ Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Provide funding to construct a new 3000 SF Information Technology (IT) Building and renovate the City Chamber and the City Hall North Wing to include the design, interior modifications and construction cost. Also, purchase a storage area network (SAN) mirroring solution consisting of two (2) SAN units, eight {8) virtual server units, related hardware and software components along with installation and three year maintenance. The Insurance Fund has $6 million in the Unrestricted Fund Balance which will be provided to fund these projects; therefore reducing the bond issue and still leaving over $4.0 million for contingencies in this fund. This item was discussed and approved at the May 8, 2007 workshop meeting. flRflINANCf/RESfl~tfTf©N ftEQUIREB: YES Draft Attached: YES itlO NO Recommendation: Staff is recommending that the Commission approve transferring $2,094,486 from the Insurance fund reserves to the General Construction fund to provide funding for the following projects: (1) Hurricane-Hardened IT Building- $974,400 (2) SAN Data Storage Package - 448,086 (3) City Hall Renovations - 672.000 Total Costs: ~2~~ f (S P attached budgetgtransfer) ~~~G~ / / 7 De artment Head Si nature: i 5 ~0 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: Yes X No Funding alternatives: Account Number: (if applicable) Account Description: Acxount Balance: City Manager Review: Approved for agenda: Ye No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: MAY 11, 2007 SUBJECT: AGENDA ITEM # ~ ~ ~ -REGULAR MEETING OF MAY 15.2007 APPOINTMENT TO CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Civil Service Board. BACKGROUND At the City Commission meeting of March 20, 2007, Mr. Eric Luckman was appointed as a regular member of the Civil Service Board. This creates a vacancy for an alternate member to serve an unexpired term ending July 1, 2008. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications and would like to be considered for appointment: Name Background Elaine Calabrese Retired-Principal Clerk/Typist Diane Franco Sales/Financial & Real Estate Investor/Property Management Sidney Grossman Retired-Civil Service Employees Association/Law Enforcement (currently serving on the Public Employees Relations Commission) Morris Weintraub Construction/Machinist A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) alternate member to serve an unexpired term ending July 1, 2008. RECOMMENDATION Recommend appointment of one (1) alternate member to the Civil Service Board for an unexpired term ending July 1, 2008. CIVIL SERVICE BOARD 05/07 TERM EXPIRES REGULAR MEMBERS CURRENT TELEPHONE OCCUPATION 07/01/2008 Emily Dobard, Chief Examiner Home: 278-9795 Unexp Appt OG/2l /05 210 NW 6''` Avenue Educator Office: 278-9795 Reappt OG/2o/oG Delray Beach, FL 33444 Cell: 573-2908 04/30/2008 Lanelda Gaskins Office: 243-7059 Elected 04/26/07 City Clerk's Office City of Delray Beach Executive 100 NW 1st Avenue Assistant/Agenda Delray Beach, FL 33444 Coordinator 07/01/2008 Kristin Christensen, Vice Chair Office: 939-6776 Appt 06/08/04 777 East Atlantic Avenue Z-155 Vice President-Sales Fax: 330-6422 Reappt OG/2o/oG Dekay Beach, FL 33483 Cell: 952 221-5280 04/30/2008 Jennifer Reynolds Office: 243-7192 Elected 04/27/05 Finance Network Engineer Re-elected 04/26/06 Re-elected 04/26/07 City of Delray Beach 100 NW 15C Avenue Delra Beach, FL 33444 04/01 /2009 Eric Luckman Attorney Home: 737-4791 Appt 03/20/07 821 SW 34~' Avenue Office: 737-3133 Boynton Beach, FL 33435 Cell: 436-5414 Fax: 737-5180 ALTERNATES 07/01/2008 lineup Appt Vacant 04/30/2008 Scott Aronson Office: 243-7286 Elected o4/2G/oG reg planning Department Re-elected 04/26/07 alt City of Dekay Beach Parking Management 100 NW 1st Avenue Specialist Delray Beach, FL 33444 Contact: Venice Cobb 243-7056 S/City Clerk/Board 07/Civil Service ~OHICAY BFACN ~~ ~ ~ CITY OF DELRAY BEACH -® BOARD .MEMBER APPLLCATION 1993 2007 Please tyke or print-the following information: ,~ :a~~d ~1P~;~-~-~'~ 1. _ Last ame: ~ ' Lam. `~~. `:-= - ~L -1~~ .. M L 2. Home Addres • ` J ~~C#~~.5 ~~~ ~ State Zip Code 3. Le Residence• ~ - City State Zip Code ~ ~ t7'1 ,~ 4. Principal Business Address: - - City State ~ Zip Code S. Home Phone: Business Phoney E-Mail Addres : ~ Cell Phorie: ~; / Fait: ~o~--q~t ~ ; - ~~~=835 . - ~`~~ G~ ~ . . - 6. Are you a registered voter? ~~~. If so, where are you registered? ch ~~rr'1~4 v . 8v, ~.. at Boa(s): a you interested in sewing? Pl list in order of prefe ence: c . 1 ~. U~ e. ~30 ~ ~ ~~ - e,~ . . . ~ . ,$. list all City Boards on which you are currently serving of have previously served: (Ptea~e include dates - 9. Educational qualifications: ~~C~ ~. of .~~ "~~coL. N~~' 1~ ~s t©. list any red professional certifica 'ons d licenses which you hold: ~ ~'s-i Cox.-~-c 3 k -- /~~''1 1 ~/~ ~~'f ~ ~ l tl ~ ~" . ._ ~, ~'~ o-Yt O r Q-f '~ ~~v rr~ '+Z ck --~~-5 ~ 11. Give your presen or ost recent etnploger, and Sidon: - %~ r 12. Describe experiences, skills. or knowledge which qualify you to serve on this board:. (Please attach a brief resume ~' `~-.Gv?.. <f' IY1lt~'~ ~rri-ei2~` ~2~ ~ Qt/v ( ~C~" I hereby certify that alt the above statements are true, and I agree and understand that any misstatement of material facts . con _ " this appli '' n e fort " e upon my part of any appointment I may receive . jj SItGi~TATURE ~' DATE Note: -This application will remain on file in the City Clerk's Office - o years from the date it was submitted. It will be the applicant's responsibility to ensure that a curr a adon is on 61e. -1 _ . r.. ... r r1 l! ~$#~ ~~~4fia7- ~i ~~~~ ~~~, ~~~ ~4 B.~s~ Ql~jdctive: To. serve the Cify ofD~elfay Beach in esta~r}~sl~iflg.~a~ils la-f~anagement rel~atio~: April 1977 T June 20~0~0: Neer Jerse3~ City IJniv_ersi#v - X439 Kennedy Blvd 3erse~r Cii~! NJ 07302 Principal Clerk-Typist =History and Women's. Studies. ~~ulies 3ncludeil all types•ofs~r~taraal work,--i.e. ansvuering phones, computer skillst fling, corr'espc~ridenee; expertise id maintaining inverit+~ry anal' office ~ .equipment; .Liaison between faculty. and. students, supervising .a "number :oJ studen# employees. " Union Activities: Comint~nications Workers of America, Local 1031, Branch President at New .Jersey City University 1979-1983; Shoff steward 1953-1998. Special Training: Affirmative Action '1'rairriiig sponsored t}y the Mate ofNJ 1980 " Civil Services Rules and Regulations for NJ sponsored jointly by the State of NJ and CWA Local 1031- 1981 Certifications and Awards: Affirmative Action Training -1.9911 Customer Service Training -.1998 IJonorary Alumna -1980 Employees Suggestions toward -1980 CWA Certificate of Appreciation -1988 DQRAY B~l~pi ..., ~~ ~ CITY OF DELRAY BEACH ~~~~~~~ ~ ~ BOARD MEMBER APPLICATION QpR 1 ~ X006 2001 ~,~~ ~`"~ 4 Please or riot the foll information: 1. Last Name: Name B,L L 2. Home Address: a- 3 s'< C L E~9l2 ~~~aK C/~ - City ~~~i2~i ,~~~ State -L Zip Code ,~ ~yS 3. Legal Residence: City State .Zap Code 4. Principal Business Address: ~~ ~5 ~. ~~~~ ~I~ ~ v~- City ~~~~~ ~~r~ ~ ~ State ,~~ Zip Code .~.~ yes 5. Home Phone:. S~/ ~~~ ~ ~~~ Business Phone: S6i> ~i~ -~rv~ FrMaal ddress: ~ ~ Cell Phone: ~~~~~~a -~r~ Fas ~. ~~~ ~~f 6. Are you a registered voter? ~~ If so, here are~you registered.? 7_ Wliat~ aril(s) are yC ~Gerested in serving? Please list in order of preference: ~ 1CE 1-~"7r7rv ~/~~o N> ~ ~.P 8. list aII City Boards on which you are currendy serving or have previously servecL- (Please include dates ' '' N..1~S' O F ~~~ ~~ ~ J/ii!/c ~' L E C f. ~191I2. . 9. Educational qualifications: iGN Sc ool, GRA.,r~~' - os'~ ~P ~ ~~%' S~,ini~S : 7" ~~trvS G~~'I-D I41 ~ ~,w~ ~'C!, 0 01 ~N ~:~A o.C'S ~.~ NC f:.t7 ANS,~. ~ 1~Ov ~- 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position. oyt o ~iPo ~- T t- L ~ ~,. 12. Describe experiences, skills of knowledge which qualify you to serve on this board: (Please attach a brief resume) ~' f~ ~9 ~ ~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 ap1plicat~ion may cause forfeiture upon my part of any appointm/en~t I may receive. G~C~~/-~~'~~ _ ~ /~ ~ ~/~~7 SIGNA'I'[~RE DA J Note: This application wi71 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 appficant's responsibility to ensure that a current application is on file_ surnra~reucwnoiv ,~,Q G~ 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. OELiGY BEACH . o .~. . ~. ' 1993 2001 CITY OF DELRQY BEACH BOARD MEMBER APPLICATION Please tvr~e or t,rint the following infomnation: 1. Last Name: ~ vs Name ~-~ M L ~. 2. Home Address: ~_ Citp State Zip Code 3. Legal Residence: 14-5 ,~-36 Y/2' - City State Zip Code 4. Principal Business Address: ~ ~/ City State Zip Code 5. Home Phone: 56r Y9S'-~ ~a~7 Business Phone: ---' 1r1V>sail Address: slo ~a.~ z z~ ~~a Cell Phone: d SS - ~ y~i'~ Fax:~s (,~~ ~ ~ 3~- ~~ y3 6. Are you a registered voter? ~~S If so, where are you registered? r'J,q,~,cl ~r „tom C~ 7. Whaf Board(s) are you interested in_ serving? Please list in otrler of preference: .~~.~Gl. ,trig, l'Ga r2~,~'.2 ~ '"n Ga ,~~t ~r~ ~</~~ s~~~c~ /~o~9I-11~ $. ~ List all City Boards .on which you are currently serving or have previously served: {Please include dates) ~- 9. Educational qualifications: (~.. ~, A~ -~ U~ ~ U ~ -~~ f- ~ v.,s~ /~~r~~U~ 10. List any related professional certifications and licenses which you hold 11. Give your present, or most recent employer, and position: 12 Descdlie experiences, skills of knowledge which qualify yo to serve on this board (Please attach a brief resume JU r G I hereby mortify that all the above statements. a;e 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. GNL~ ~ __~ ~ _ DATE Note: This application will remain on file in the City Clef s ce o eriod of 2 years from the date it was submitted. It will be the applicant's responsibility~ns~r~ t~~~ current application is on file. t s1QTypERK160ARDlAPP[1GTION ~~~ C:ITV f`t CQIC During the late 1960's to mid 1970's, I served.with the Civil Service Employees Association in Suffolk County, New York. I was the white collar Grievance Chairman, mediating and settling grievances between management-and labor. I also served as a member of the Statewide Legal Committee, which met in Albany, New York, forthe - purpose of adjudicating the~amount of legal assistance to state-and Local-employees in fioth grievances and charges brought against them. As an elected- CSEA official, I was the county's representative to the Statewide Board of Directors. From the mid 1970's until my retirement in November 1992, I was successful in forming the Suffolk. County Detective Investigators Police Benevolent Association (the law enforcement arm of the District Attorney's ofllce) and getting it certified as a separate bargaining unit within the county and state. As President for the first sixteen years, I assisted our attorneys in collective bargaining, arbitrations and any other inter- - action with-state and county officials. - . During this timeframe, I 'was also a member of the Legislative Committee of the Metropolitan Police Conference. and served on various statewide committees of the - Police Conference of New York State. ~ - Although I worked on the union side of the. table; in my~znan~y years of experience, I was able to comprehend-.the views of management. - Sl.DN~Y ~~~.Sr~,~ `• ' :rs: ias v.i• s.:c i r: ao •s<ia, aor L47-~~I~~-~4 r"x"zl~ tiv~.l~v ~ r.:-avn r:aVt t9L c~ ~7- c~~ ~v~r ~'~ ~~ - p~0 ' 1 ~ss~ . ter. P~C tPbc^LZL aun~t'dic ~mino• iri~rfnaYiAr.- •1.. fststl`~ ~ Nsnac_ L~ 3-=~ .~ _ , 2 T~c~e A Q Cl~ t -G (~.J ~`7 _~ode -: 3..I.cga1 Rcsidcuoe: _ tY ~ ~ Zip C~a~e- . .: 5 H~( I'hoacr. • T3u~i,o~a ~?S~sce` L'~-~ZntRdc~tess: ~kPhone: Fa7c d. A=e pq~ s~ rc~srei~•vacrc'r if so, whc~•,re pt~ ~is~cc~.~ ~. ~C~{S~;1tCpOII•1t18GEGt~L~•1f19CLVjp~r~.P~tQ~9E1RQtd@CO~~'IS~C~t.13OC'~ ~ ~( i C.l 1~`L L ~ ~ ~ J i LL-' ~ar~S'T?Ecl GT/O~! ^y~ G ~ G S • ITS' • ~. Iaai a1i C'•.ttp $o'trcls o~.~vi:ich you arc am~aiF servisx~ oz hate IzctriausiT sctvan: ~I~t-e xndvdc ~eesj ~.~t.V'1G ~~~~e~iG~G~ 9. ao~-at qu~~+.aoaw . 2c1. List an~r ~clacod ezQ`~isi+oQal cettificidQ~s sad iiceass~ which you hc~: ' TI. G1We ~O'ltt DfCSCaf~ of I310Sf ZeGtu @i11jf~ ~i ~~ posiROtL ~SS41~C~C][~CTSCriq~ ; S~CIIIS•OI Imrs • 8j, • ~!d$e - pilau-tonaPe.o~:tbis• d~~ststt~cdt.a~ae£.cesunze~ ~ p ~e ni'y r-.~.~~c-rr ~.~ ~ ,L ~ ' ~ c Z ' 'Y'hctebT cTStifp eh~t+dl'chc abo.~c stsocmcuia•acc conc, aa~I ag~;aiiuudecac~ dtatacfy~isa~bnmoctcdEmara~J'~i,cts . ~t~+to3 ib, ~ aYxglirsticxa.~y Eor aitc ogaci my gut o~~r ~tPPoiutmrin~t ~ ,cry, n~.rc- - - ~s ~~ • ~ y Z - ~ 0 s~vac~1RE ~ n,~,7fE ~'~ I~~ta Ibis zpplisacion wi]l ~.r~sin oa=$Ic iii die Cep' C1sr3~s Oftyt~ ftrr a p~dod of t y~ f=am'die t~atc st was , sa6um~tted. It.w~7f_hc the apPlilcagt's.xespoasx~i ~7up to ~nsuie tF~ac n 4'uaeat appTiu:.ao~on i~. on.;ue. ~, APB 7 tt 2005 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~~ DATE: MAY 11, 2007 SUBJECT: AGENDA ITEM # ~`I • ~ -REGULAR MEETING OF MAY 15, 2007 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Downtown Development Authority. BACKGROUND Ms. Janet Onnen has submitted her resignation from the Downtown Development Authority effective April 3, 2007. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending)uly 1, 2009. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Louis Carbone, Mr. Herman Stevens, Mr. Fran Marincola and Mr. David Beale. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Kenneth Kaltman. Mr. Amjad Hammad and Ms. Elena Hartmanis are registered in Broward County. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for one (1) regular member to serve an unexpired term ending July 1, 2009. Recommend appointment of one (1) regular member to the Downtown Development Authority for an unexpired term ending July 1, 2009. DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT ~~A" David Cook Mark Denkler Maura Dexsh-Wissekerke Jane Fields Diane Franco Gary Goldfarb Amjad Hammad Elena Hartmanis James Houck Kenneth Kaltman Kenneth Peltzie 'Thomas Stanley (currently serving on the Parking Management Advisory Board) (currently serving on the Parking Management Advisory Board) (also applying for the Planning & Zoning Board) (currently serving on the Board of Construction Appeals) (currently serving on the Nuisance Abatement Board) (also applying for the Planning & Zoning Board) (also applying for the Planning & Zoning Board) ---_ ME15N ~~ electric ~,~ Z2^ N.E. 1st Street • ^elray Beach • Florida 33444-371^ Lip. No. EC ^^^^418 Apri13, 2007 Mr. Louis Carbone Downtown Development Authority 64-A S.E. Fifth Avenue Delray Beach, Florida 33483 Dear Lou: With mixed emotions, I hereby submit my resignation from the Downtown Development Authority, effective immediately. I have been postponing this decision as long as I possibly could. Now, however, my business interests out of the area are increasing their demands on me. As a result, my service to this organization would be very limited going forward. This is such a worthy organization and so vital to Delray's future that I refuse to potentially limit its success by my continued absence. I am very proud of my service to both the DDA and Delray. The changes that all of us have planned for, participated in and seen through to completion are so numerous. They have contributed greatly to the renewed vitality that our town now enjoys. I feel very fortunate to have been an integral part of this wonderful transformation and to have worked with so many dedicated members during my years of service. Respectfully yours, f ~~" -"'~~'~~~ Janet I. Onnen APR1 11007 `-~~~ ~iTY CLEl~14 Phone: 561 / Z7B / B36z Fax: 561 / z7B / 8397 Website: www.mei.~c DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 64 SE 5`h Avenue Delray Beach, FL 33483 05/07 Marjorie Ferrer Executiz~ Director o f DDA TERM REGULAR MEMBERS TELEPHONE EXPIRES 07/01/2008 David Beale Tax qualification Home: 477-1931 Unexp Appt 03/01/05 355 NE 5`h Avenue Unit # 1 Work 243-1477 Reappt 06/21!05 Delra Beach, FL 33483 Cell: 213-2040 07/01/2008 Louis J. Carbone, Chair "Tax qualification Home: 276-5105 unexpired term 3/6/01 1005 Seasage Drive Work 272-0282 Reappt 06/18/02 Rea t o6/21/os Delra Beach, FL 33483 Fax: 272-6013 07/01/2009 Fran Marincola '`Tax qualification Home: 274-4455 Appt 06/20/06 1138 Vista Del Mar Drive Work 274-8899 Delray Beach, FL 33483 Cell: 251-5885 Fax: 274-6778 07/01/2008 Richard McGloin, Treasurer Home: 276-5468 unexpired term-7/10/01 2275 N Swinton Ave. Work: 274-6468 Reappt 06/18/02 Reappt 06/21/05 Delray Beach, FL 33444 07/01/2009 Unexp Appt Vacant 07/01/2008 Nancy Stewart Home: 279-9627 unexpAppt a7/it/o6 227 S. Swinton Avenue Office: 274-4663 Delray Beach, FL 33444 Cell: 703-7028 07/01/2007 Herman Stevens, Board Secretary KTax qualification Home: 272-7477 Appt 06/22/04 601 Southwest Seventh Avenue Work 278-1988 Delray Beach, FL 33444 Contact person: Selma Kleinman 279-1380 X-15 Fax 278-0555 Membership increased to 7 members on 07/01/99 S/CityClerk/Board 06/DDA Commission Liaison: Mayor Rita Ellis ~~~~~~~~ DELRAY BEACH t APR ~ ~~ 2001 a~-a~ri~acn,r ~,~~ ~ ~ CITY OF DELRAY BEACHI~~TY G~- BOARD MEMBER APPf.fCAT10N 1993 Please type or pant the fullowin~ information: 1. Last Name: ~ Name `~ ~"',^ tvf. I. 2. Home Adc cy5: ~ ~ ~ ~ ~ ~{ ~0~ cu .Vr• i7rJ(V1 ~~Q~ C ~~ ~ tle ~~C3 c 3. Lebal ResidcnceCM- + ~ City State %ip Cock: 4. Principal business Addiess: Cit~r State Lip Code 32 5 ~. ,A~-~-Ian-~c. ~rve.~ue.. ~-~y ~c.~ F ~ ~ ~3 5. Home Phone: 5b~•~a2- ~~q 3 Business Phvne: Ir-I~L•3i1 Addr.ss: CeIl Pliunc: 5e!-a~b-~t ~ 9~f ~~°~°~ ~ Frtk: WOY ~ .. ,,~ Set-a~~-4i9 b. Date uf Buth 7. Arc you ;; xeg~istered voter' If so, wh~xe arc you registued~ C~9-la-f9co2. YES ~FIOri0~C1 8. V(/l~ar Boards} arc you interested in serving? Please list ui order of preference: ~.D. ~. 9. List all City Boards on which you arc currently servi~i~ or have preciously sensed: (Please include dates) M~mbe~- o~ -~h~, 0.~~x ZC~t - 2-ODZ 10. Edacational qualifications: 11. List any related prafcssional cerdhcations :end licenses which you held: 12. Give your pre~cnt, or most recent employer, and position: ~A-N t~'S c`~T~AcTION ~cfZ~, ~ i C~ ~~~i(~l~Il-~"' 3. Desuibc experien s, slcille or L uwle a which yua~ you o ser~~~ This board: (Please str~ch a brief rr~ume) Ym + A t i M ~~ 1 "ttJulC~ bt"~GOI~ it S t~ C~mm~ . - r1a lglo uVpYk On ~riG fANe1'luG$II'~ t9~ . t ~ DCIrGt 1 hereby ccraiy chat all the above statco~ents aie true, au abree ;+n w-dcrstatid that anv ssr;+tcme+,r• ~f ,~~.,i c..~,.- . ~~=•~=emu ... u, ~ :+ppL~C:`a .ion may cause tortuture upi,n my part of any appoinmient I may receive. O~T~Y i~~~ (~ S[GNATU1tL• --~L ' ~ ~O DA1'L Noce: 1 his application will rcnlain on file in the Ciry Clcrlc's Office for a period of 2 yc~rs from the dart it was suUmitted. !twill bC the applicant's responsiUiliry to en;t¢c t}ia[ a current application is on tile. -n ~~:,~-, =~~~u-.T~~~~_ ~,~wu nc.T+.-~,~--r~ac -.,:t~r ~c~c+-.~.-,- rr~ DELRAY BEACH I I O R I O ~~ 1993 200'1 /~~~'J CITY OF DELRAY BEACH ~ECE~uEp BOARD MEMBER APPLICATIO~~ ~ ~ ppo5 Please type or print the following information: ~~ ~~ 1. Last Name: [~ ~n \ ~ Name A^ ~~ M. I~ - f 2. Home Address~Z~ ~~ :Z Sr ~'- City ~~ State ~L Zi Code 3~~i~t 3. Legal Residence: ~~~ ~ City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Z'b~'~f7'{S Business Phone: Z7b-6.S? p E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? v If so, where are you registered? -~ L 7. What Boazd(s) aze you interested in serving? Please list in order of preference: $. List all City oazds on which you a currently se or have previous y served: (Please include dates) 9. Educational qualifications: ~I ~ n~ g e,,ktc 10. List any related professional certifications and licenses which you hold 11. Give our present, or most recent employer^^, and position: ` ~I'C ~ ~ n Px i n ~.Ll n ~ e ~ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ l~ t e ~ ~ 2..~., ~ '~ / t ~ L-.we ~, i A~•!X Dc~1u 5 vg-.,eSS vrvneT' sn ~ wl+d ~ ll -`D I hereby certify that all the above statements are true, and I agree and understand t any missta ement of material fa con ed in application may cause forfeiture upon my part of any appointment I may receive. t "~ cy [v~.4v--~ .GNATURE tDl-~~ DATE Note: Z~is application will remain on file in the City Clerk's Office for a period of 2 years from the date it was s bmitted. It will be the applicant's responsibility to ensure that a current application is on file. ~~~1 SK7'IYCIF1tK1HOARDIAPPSICAIION MARK DENKLER 320 N:W. 9~ STREET DELRAY 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 2003-2004 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 2004 EDUCATION University of Texas at Austin, BBA -Finance MRR-c i -CIlO t (TIIE j O t: 5a ca 1 DELRAI' [TEACH 4 V • • ~. All-America City ~J~J 193 2001 Post-its Fix Note _ T~~,~ C CITY O F r~,.;p.-p~. ~~ ~uv 1 ~,,~,3~ ~ Ptwnr.: a M~-R f - BOARD M~ Pfi"na a / „! -/_-! ~1-O Faz q ~ Fax 11 -~ ~~ ~,~ ~ V1,=oc~ r.~n~ nr i~ri,~r the fnllcnvin¢ infc~rmatir~n: 3/~4/rJ 1. Last None: dERSit-wISSF..KBRI:E Name Maurer DLL - - - ,7 2. Hort~c Ad~{r ss: - 34 SL• 7t~z Ave Ay~t #11 City IYelray Beach Starr FL ~(p ('ode 3,74 3. J:,egal. Rcsidrncc Same City State 7.ip Cixlc 4. Principal Business Address: Gallo Architects & Development Company 1311 Newport Center Ur, W City Deerfield Beach State F1 Zip Code 334Q2 5. Hoene Phone: 561-27P.$999 T3usincss Phonr: -954.794.0300 L--Mail Address: Maurajw®aol.com Cdl Ph~~ne: 954.461.6523 1=a~:: 954.794.0301 f. Date of Birth 2 April 60 7. Arc you a rcgisttted outer? !f so, where arc yciu resnstered? yes $. Vb'hat IIoard(cj arc you intcrestrd in serving? Phase list ire order ~f preference: Plaruiinct & Zoning, Downtoum Development Authority construction bd •~f Appedl~ T.ist. all Ciry- T3oardc on which you arc currently Serving car have previously served: (Pier+sc include Jates) Historic Preszrvat on Hoar -2006 ? 10. F.<lucarional yu:tliFcations: Sac o aer of Archa.t.ecture 11. I.<ist any related pri,fcssional certifications and iicenscs which y~nt hold: 13. Give yoour present, c>r must recent employer, and pc.,sition: allo Architact~ & Development comp, 1311 Newport Center DR Deerfield Eeach Project Manager 13. Describe experiences, skills or lnowlcdgc which qualify y~>u t~ serve on this board: (Please attach a I~cief resume) I have been in aspects of Architecture for over 20yrs. I have lived and or workefl in Dalray site & zunin~r codes I hereby ccttity that all the above statements are true, and I agree anti w~dersrand tha[ any misstatement of material facts con[suned in thiti x~pliy~ti n may use forfeiture upon m}• [part of any zpp~innnc/nt 1 tn~1y rcccivc_ r ~ I ~ ~ • I ~`~--~ Q L i--- L)ATk; Note: This applicati~>n will remain on file ii1 the City Clerk's Office for a period of 2 years fri~m the elate a was submitted. It will lie the applicant's responsibiliry to ensure r-hat a citrrcnt application is nn file. (FR.:j95a ~9a Orii F.nolltlfJl DELRAY BEACfi ~~~~~~ G.~..~ wt ~,~ ~ ~ 2007 t ' CITY OF DELRAY BEACH ~ ~ ~ BOARD MEMBER APPLICATION~~~`~ ~~~'~ 1993 zaol ~/~~p P~POCP tcmP nr mint the fnlln~xrino infnrmatinn~ 1. Last Name: ~, Nam M. I. r~ 2. Home Address: ~ ~~ Zi Coded 3. Legal idence: Ciry State Zip Code Vri 4. Princi al Business Address: .~--, City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: ' Cell Phone: i 4 Fax: 2y3~o8 s7 l (~~-2`f3-2as~j 2assC~ ~•co clc~s Sb ao ?s2Z - c 6. Date of Birth 7. Are you a registered voter. If so, where are you registered? 8. What Board s) axe you interested in servin ? Ple se li t in order of preference: 9. List all Ciry Boards on which you are currently serving ox have previously served: (Please include dates 10. Educational qualifications: t ~ ~~~ s d ~ Nc1V , / S A~(so t ,vary s 0 ~ d ree ~. b s,;,ess . 11. List an lated profes Tonal certifications and li enses which you hold: Sen~o~ irr•.qq cu~w~ { a,~ r,JJKQ~ ct/d~'3' µ1j, wvOF (3ostan. M , cued Ttwnev O~.f~uor Prd~P~-hS (A~tio~, C~/4 : W ~ 6S ownBrS, Mqr r~D~ exec +~5, a.~ v S, GCS PTV b~~ WwAr~ ~+ N5 c(2'9~ int Q. n 12. ive your p esent, or most recent employer, and position: (',o-c~fl~,r (,b}t SG~-op( ~~yWrt~-CI'S~ p see ' ~4 V.1~, o~ PTft wi-- 'rosh;~a Tw~ev~o-.-I-;o~a.~ c.~oat, Tc~, a.~.; Mew~wshi co ~~ CNew Meri•!e 'd d J4J v>, 1 it a k v-. ge which qualify ou to erne on this boa ease attach a br~ £;enume) J~ ~1 d 13. Describe experiences, skills or knowle Clr ~J r / ~ N Q.1 I QS rf ~ Il'T ~/ ~ ~ s~ w~uc.~. of ;~ a~9 ues. ~ adc~-I-~a~, vw. volwr~l-e~er wofk sho-~s S l~~ a s Co ~ Ev rar' e,-~,x.~- v~ f~ta,'r2GL~ !u succe %~ 1'~ ftS ~ , x a I hereby certify th t all the above statements are true, and gree and understand that a misstatemen f material fac s co tamed in this a lication ay cause forfeiture upon my part of any appointment I may receive. C~ rr 5--~-07 + SIG RE DATE No't.~: This application urill remain on file m the cary C=lerk's Utrice for a period of ~ years trom me aate a was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~- ~s {{ s 5Ih r1i~ i ~) lid kj: rth 2 Gl~ ~L's,M,,'_,.. s ~:"'~,, ;. . ~, ~., ~~µ ;: i i t , Y :, - : _ ~:,la,Y .~., ~ "/~ ~, >as c~s~ ~ aye o~ `-I'ke .r ,S ~Zc~,~-~-~- q,~, " r.i ce5-~ S ts~ a.22- ~1~L Gtr' ""'_' J SG~i.at~. , . . Y ~/ }'' ' _ '. ,4i~/may',: J (Special to the News) Host Leslie Geller, shown left, with chairs Michelle Xelman and Jane Fields of the recent annual Auction Underwriters' Party. Parents salsa,. samba to raise $40,000 ~ttoM ~'~ ~~?~ eighth graders. . Montessori Preschool and tradi- The Salsa, Samba, Tango and Underwriters' Party Co-Chairs tionaVprogressive Elementary and more are not on your average Michelle Kelman of Boca Raton Middle Schools; Wee-Wisdom Mon- workdayschedule. and Jane Fields of Delray Beach tessori, the Florida Kindergarten But then, Unity School parents were thrilled with the outcome. Council and-the Florida Council of are not your average parents. And "You couldn't have asked fora Independent Schools sanction it. so, parents were nominated and Otter time or a better group. of paz- voted upon to become the "Dana ents," said Kelman. She and her ing with the Unity Staffs" winners, husband Dr. Chad Kelman have ; to serve as heel kickin' entertain- two sons and a daughter at Unity ment at a recent annual Auction School: Lucas, Benjamin and Al- '' Underwriters'. Pally. exa. Once•the votes were tallied, the ,- Unity School Headmistress Ma- wiiuing dancers were: Dc Jacquf ' ria Barber resounded how the fes- M~r~uo-lvfaloney of Delray Beach, five event enabled more than 1S0 Winston S[iutt of Boca Raton,,4lma , devoted and loyal Unity School Frankel of Highland Beach, and parents to enjoy themselves fully Unity third-grade teacher Melissa while supporting the school's wor- ' Urquhart. thy cause. These victors spent hours prat- "We have the finest pazents and Ucing with professional dancers for supporters who also know how to weeks to perfect the routines, then have a great time. The Gellers re- perfoimed live during the Under- ally throw a fantastic party;" said writers' Party at the home of Leslie Barber, who has served as head of i and Paul Geller. the preparatory school for more In [he end, the high steppin' than 22 years. "The end result winners and the generosity of the is our students will benefit from tellers helped to raise $40,000 to the generosity and support from benefitthestudentsofUnitySchool. - the Underwriter°sParr~ :~r~d our Funds-from"tYieevent4helpsr~port irpconirng Arulual Auction.'` '1'ilc the student body, including its aca- auction is set for March 24, chaired demics, the arts, band and music, byJanet Goldman of Delray-Beach. . and athletic programs. Fields added, "Many volunteers In addition to the dance contest, and staff members contributed to alive auction was held to offer class making ,this night a truly ~success- projectshand-craftedwithloveand ful fundraiser. Many parents do- care by the 4,00 students. Vener- nated'their time and goods: to help able Auctioneer Neil Saffer,tumed uiake;the e~eiitabigsuccess:" the auction into entertainment, as Unity Schoolhas servedshidents parents. acquired a host of pieces aged ~ thro~Iglr Eighth Grade from ~ including hand-painted bongo Delray Beach, Boynton Beach;.Boca drums, an ornate fountain, and Raton, Palrri Beach, Mariafapan a colorful photo-adapted artwork , and surrounding communities for that included the likeness of all 42 years. It offers aWee-Wisdom DfiRAY BEACH /~~ ! ~ ~ CITY OF DELRAY BEACH ~~~'~~~"~ ~~ T ~ BOARD MEMBER APPLICATION pPR ~ ~ ~a46.~ 1993 2001 ~~~~ ~~~ Please tvoe or print the following information: 1. Last Name: - ,~7~ J ~ p ~) Name l ~+J~ M. I. 2. Home Address:n City State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: ,~~ ~s ~_ ~,~A~i ~~~ ~ y.~- City ~~~A~ ~z~ ~ ~ State ,~~ Zip Code 3.~ yys 5. Home Phone: ~G~ ~-~~ -~ ~~~ Business Phone: 56~~ a~~ -~~v7 E-Mail ddress: ~,~ Cell Phone: ~"~~~~~a ~~i~ Faa: ~. ~~~ ~~i 6. Are you a registered voter? If so, here are you registered? ~S /~D~C PR~c iivc.T -L-'~1MAlvL~L C'A~~~c 7. /hat Board(s) are you interested in serving? Please list in order of preference: 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~N-D.$' O JC .~c'~ !e i'~ - ~/iNc F' ~ r C f ~>9!/Z , 9. Educational qualifications: ' !GN Sc oo ~ GlaA.~a~ - ~os'~ ~v.~%~' ST,ldl~ S~ : 7i('ANS ~a~/.D /4! I,~vx cS~ No o L ,~~ . -!v ~.QA c~ o~E'.~ /~.?~ r4NC ~..~ ~ L /rlRaSf~• ' boo ~ 10. List any related professional certifications and licenses which you hold A, 11. Give your present, or most recent employer, and position: •~~ o ~/~o ~ T r L L. G 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~-C ~ ~ ~.~ 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 appointme~nt~I m/afy receive. _ ~ ~ ~~ - •~~~ ~ sy~!7U ~ SIGNATURE DA'E'~ ~2 ~~ T~ 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. S9CIIYCLERK\BOARDUPPLICATION 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 yeazs I have concentrated my efforts both as an investor in both the financial mazkets as well as the local real estate market, acquiring, developing and presently manage several residential and commercial projects in the City of Delray Beach. THI J-L~1-1'~t_ri~ t=t~: t=t-J AIN#IRSks 1 1993 200, CITY OF DELRAY BEACI~EGEIVED BOARD MEMBER APPLICATION ~ 6 ~D06 Please type or print the following information: CITY C1// (o Ind 1. Last Name: ~~ ~~ ~~-/~~ Name CA ~ M... 1 1 2 Dome: tlddres/s: s/~ rd r- ~, G~i~ Covr=~ City ~~~Z'~~cTcfl-~ State ~I, "Lip Code ~j~f3l 3. Legal Residence: Ciry ~ Sta " ip Code 4. Principal Business Acidress: Ciry State Zip Code 5_ Home Phone: Business Phone: E-Mail Address: Cell Phone: _;~) - Fax: .S6 / - 5~.1- 9yS- ~~-31 _~~1°-33v-~33Ja `-ecs. ~' ~-'~?oL, 7!b-.~?~~ 33a-b3yy. 6. Date of )E3irth 7_ Are you a registered voter? If so, where are you registered? ~ I S f S/ ~ S ~-~C~ f ~~~Z' YL • 8. What Board(s) are you ineerested in se g? Please list in order of preference: - 9. List all City Boards on which you are currently servuig or have previously served= (Please include dates) ~ r, ` ~ . ~.~. 1r'~dUCat10na1 C11121if1C3UOnS: 11_ L.lst any related pmfessiona] certifications and licenses which you hold: i n~~ 1?. Give pour present, ~r most recent empl oyer, a ed position: )) / p .7~~L•it?L ~ ii ~r jC:c°_il ~St/. r- f-6[.y;Y/J~f l!J ~r1_Si° ! / ~ ~ ~J~_ -l- /~L+~G-t/f~ VA'/}r o / S ,h<' ,for; .y JC S 13. Describe experiences, skills or lu~owledge which qualify yvu to sen>e on this boazd: (Please aR,ach a brieEresume) I hereby certify that all tf- above statements aze ave, and I agree and understand that any rnisstat~~r-ent of material facts contains m this applic~ ~ n cnay c~Gse forfeiture upon my part of any appoinm~ent I may receive. ;IG A 1Zt / DATf? T i.T~a.._ 'f'L__ .7. ___a__- _lf _ _ Gl_ J_ _ ~!~•- ~f ~_~ ~~~ r ~ r ~ - _~ ._. _.. _., °rr_-_~.... _.... ..J ....... .... ......... ua._ ~.s~y v a.a vaaa~~ ava u r....>,avu a. ..... ycna.~ aa.vaia u~G ualG +4 wua ~ .. 1 '1• • .1 • '1 '~ .l 1• r~ Gary C;oldfarb 4945 N.W. 23`". Court Boca Raton, FI.33431 H# 561-995-6831 C# 561-716-2788 #1 Professional Experience. 2002 - present: The Antique .Experience LLC. Owner and manasing operator of the property located at 502-506 East Atlantic Ave. Delray Beach. Coinmerci.al property leasing space to di$orent businesses- lust completed a lease for an new upscale roll-out Starbueks cafe. ?002 -present: Atlantic Antique Mail Inc. Owner and president of Lasing, managemen[ and sales to over 100 antique and collectible exhibitors located at S04 Last Atlantic Ave. ?003 -20f17: 'I'tte L1.S. Military Uniform Muse~un Exhibit. Owner and Curator of authentic United States Military Uniforms and Accessories from the Civil War to 1902. Collector for over 25 years. l )80 - ?007: New England Stereo Tnc. Owner and President. Ketai) Sales anil installation of Cellular Phones, Car Audio, Pagers attd Ass~rred Accessories. 1955 -- 2U04: New :England Cellular Corp_ Owner and President. The Wholesale of Ccllulflr Phones. Car Audio and Aceessaries. 199 i - 1.999: t,Tew England Car and Stereo New York lnc. Otivner and Presiden[. Retail Sales and .Installation of Cellular Phones, Csr Audio, Pagers and Assorted Accessories. 1.994 - 19y9: Signature Security Systems Inc. Owner and vice President. Ketail Sales and ln:~tallation of Home and Business Secunry Systems and Video Surveillance. 1985 - :{ 999= Mobile Lifestyles Franchise Corporation (New England Stereo Franchise Corporation). Owner and Vice President. 1=ranchising of Cellular Phone and Car Audio Retail Smres_ #Z Education. Graduated Sharon High School 1977. Graduated The New England School of Mechanical Dentistry. Boston Ma. #3 Organizations. 2006 -Present: "I'he Preserve Homeowners Associa[ion Board of Directors- 'OU3 - Present: Pine Crest School, Fort Lauderdale and Boca Raton campuses, Board of Advisors. 2003 -- Present: Building and Ground Committea Pine Crest School, Fort .Lauderdale a~td Boca Raton campuses. 2Q03 -'_'004: Capital Campaign Committee Pine Crest School, Fort Lauderdale and. Boca Raton campuses_ ?003 -- 2005: Aragon Condominium ?494 South Oeean'SJvd. Board of Directors, 3003 -'_004. Dawntown Merchants and Business Association board (DMRA), Delray BeacJt, Florida_ 1 996 - 1 9915: Faroiiies First, Cambridge Ma. Board of Advisors. 1991 - 199?: Sony Corporation, Newton Ma. (New England Aranch) Retail F3oard of Advisors for Car Audia. #W Additional Comment,. C)evelapmented a retail and wholesale operation in Ncw England of Cellular Phones, pagers and car audio (as many as 10 locations and aver ?00 employees). Sold all Retail Locations (as well as the wholesale division) in 1999. in ?000 relocated fram Boston to Florids_ Awarded Nations.] a_s well as Regional Retail Marketing Awards from such compunics as Sony, I3lauprml.-t, Proton, Clarion, Nackamichi, Yamaha. Cingular Wireless and Code Alarm. TnTAL F. ~~2 DELRIIY BEACH X11 ! "~ CITY ~!~ ~E~~Y BEACH Bf3Al~C3 ~EiN8E1~ AI~'PLICA-TIt3H 1993 2001 Please a or zint the followin information: lv1 1 1. L.a Name: ~ N e ~~ /~ 2. 1'iome - dyes • 'ry State Zip Code City `State Zip Code 3. Legal Residence: Ciro State Zip Code 4. Principal Busi:.css °~ddzess~~n~~~~ -a ` ess: Celll~hone: Far.: $. Home Phone: Business - hone: - ~--io ~ -z o ~ ~ a~ ~z2iG 9s~ ~ c-~s Are you a registered voter? If so, where are yov registered? ~r~~~~ 7, at Boar (s) are yo ~ ester in grrainv? P!~ase li rder of pre cr nee: 0 g, 's ~ i • Boards o which you are cu endy se g or 2~av~r~c prevou 1~~~: le~sf~nr~de f~~ ~~~~,~,Q,,,, . 9. Educational qualifications: it). List any related professional certificacons and licenses u•!^~ch y=ou hold: 12. Gig=e your present, or most recent emplovez. and,p~i ~ n: ~ ~ ~,. ~ ~ 12. Describe experiences, s ' or owledge which q ou to serve on ~s board: (Pl se. attach a of ze e) i ; _ ~ . , ~; ~ ~ ~ _ .,.~ % .. L , .-~ ~a~t ~ ~C ~~ rte., sue.. ~~~~ hereby terrify at a1! e a e c cuts are tine, an I egret and understand that any misstatement of matcaal facu c ntaincd in this applicari may cause forfdture upo y part of any appointment 1 may re ~ e• SIGNATURE ~ ^DA'TE Note: 'I7zis application will remain on file in the Ciry Clerk's df$ce for a period of 2 years from the date it was submitted. 2t will be the app3icant's responsibility to ensure that a current appicadon is~~ex,~,,,,~„nuc~noH ~s~~~~ ~. Q.w/ JUN ~ ~ 200 CITY CLERK DELRAY BFACH ~'~/~ CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: 1. Last Name: - ~ IZ Name ~ M. T. 2. Home Address: Ci State Zi Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: - -~ i ~ - ~~ City - ~c-l-~ State L Zip Code- 33~ryy 5. Home Phone: ~~ i ~~1 ~~-11-~ Business Phone: ~iSy,3~3, S~'~ x ~ E-Mail Address: ~~-r~u-rr~w-~s e. ~~, Cell Phone: ~i-~-S~ ~St Fax: 56~~~135b 6. Are you a registered voter? ~t'~ If so, where are you registere ? L 7. What Board(s) are you interested in serving? Please list in order of preference: 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: 10. List any related. professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: v~P ~ L - D C 12. Describe experiences, skills or knowledge which qualify you to serve on this hoard: (I?lease attach a brief resume) P v~' p ~ S ~ - Ihereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained ' this application may cause forfeiture upon my part of any appointment I may receive. rn~y as-. ~ ~~n ~ SIGN RE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current ap lication is on file. C~1~'~I~~A'1B~PPLICATION ~,~ ~/~ ~ ~/~ .SUN-~0.7 1006 CITY CLER1~ Elena HARTMANIS 75 Atlantic Grove Way Delray Beach, FL 33444 561.756.5551 ehartmanis(a~emigroupinc com Employment History: 2002-present EMI Group, Pompano Beach, FL President Responsible for producing weekly radio show Grande Living on WBZT AM; booking clients for radio and TV interviews, Publicizing book tours; new business development; marketing; coordinating special events; pairing clients with local charities and building alliances through community relations and business to business. 1999- 2002 Tilson Communications, Boca Raton, FL Senior Account Executive Responsible for communicating and coordinating national, regional and trade media; client special events and campaigns; booking clients for in-studio and on-location television coverage. Assisting with new business development, including presentations and attending networking events. National and local clients include: Mars Music, Truly Nolen, Del Webb Corporation, Office Depot, Fidelity Investments, Rexall Sundown, Phoenix Foundation, Pressman Communications, Gold Coast Builder's Association, Ibis Golf and Country Club, MacArthar Park and Medical Staffing Network. 1998-1999 Resort Landscapes, Boca Raton, FL Client Relations Developing in-house marketing programs and strategies; coordinating customer relations and international shipping for multi-national landscape companies specializing in the development of Caribbean resort properties 1997-1998 McGee & SfarAdvertising, Boca Raton, FL Account Executive Developing and organizing advertising campaigns for television, radio and print media., assisting with media buys for each campaign; developing and implementing new business campaigns; coordinating special events for clients 1995 -1997 WSVN -Channel 7, Miami, FL Research and Wrifing Assist reporters, anchors and producers in researching, writing and gathering information for human-interest stories and special reports. Assisting in research of WSVN file archives for information and film footage requested by national affiliates, CNN, "America's Most Wanted" and "Inside Edition."Writing news copy from wire service transmissions. 1994-1994 WSVN-Channel 7, Miami, FL Intern Internship with Kelley Mitchell, News Anchor and original co-host of "Deco Drive. Primary duties included developing story ideas, participating in field interviews with "Deco Drive" production crew, writing news and assisting news anchors Kelley Mitchell, Rick Sanchez and "Deco Drive" segment producers. Class of 1995 Florida Atlantic University, Boca Raton, FI Bachelor of Arts in Communications Courses of Interest: News and News Reporting; Radio and TV Production; Media Criticism; Acting I; Communication and Rhetoric Theory; Media Studies;. Persuasion, Propaganda and Public Opinion. Post Graduate: Meeting Management and Event Planning Organizations: Boca Raton and Delray Beach Chamber of Commerce, American Cancer Society -Volunteer Milagro Center -Volunteer Stand Among Friends -Volunteer DELRAY BEACN ~~i7 ~J ~ sT/ CITY OF DELRAY BEACH ' ~-~ ® BOARD MEMBER APPLICATI ~ 7 ?00~ 7993 ~f x`°" ~ ~ ;"x 2001 ~ ' ~ ~ ~ ~ ~ '- Please type or print the following information: 1. Last Name: ~ ~ ~ Name ~~ M I. 2_ .Home Address: ~ ~ ~ S ~ „~ ~ Ciry ~ ~ Statg ~ Zip~ode 3. Legal Residence: ~ ~~ City State Zip Code 4. Principal~Business Address: Ciry State Zip Code 5_ Home Phone: ~~t .~a~~ Business Phone: E- ~ Addres • ~~~ ~~e~ ~D ~- Cell Phone: Fax: 6. Are you a registered voter? If so w ere are you registered? ~ - I +~ _ t ~ ~~~ ~(Z~~- `<b 7_ What Board(s) are ou interested in serving? Pease - in order of pref ence: ~ ~/ G D .~' ~ ~- ~ C'~ ~ ~~ ~~ ~P~ ~~ ~ r~~ ~ Zo 1 D~z 8. Last all~ty Boats on winch you are ~ ndy serving or have previ~~y served (Please include dates) 9. Educational qualifications: e ) ~ , ` 1~~'`-v~ ~ ~7~ ~ ~v 10. List any related professional certifications and licenses which you hold ~ ~~ ©~ il. Give your present, of most recent employer, and position: " 12 Describe experiences, skills or knowledge which uglify you to serve on this board 1 e attach a brie esume) I hereby cer ~ e a o statements are true, and I agree and understand that any misstatement of material facts contain is this appli n cause forfeiture upon my part of nay appointment I may receive_ ~l --iI~IATI TlA'iT mote: 'T'his application will rP*??ain on file in the City Clerlt's Office for a period of 2 pears from the date it was submitted_ It will be the applicant's responsibility to ensure that a current application is on file_ SLCt1YCI3RABOARb~MPi.[GTlON ~~ ~I~-3 DAMES HOUCK PROFESSIONAL HISTORY EMAIL ~ jdhouck5l@yahoo.com 1 of 2 PHONE/FAX - (561) 865-2636 An experienced Manager with an interrelated background in Architecture (5 years) (Building Design & Site Planning); ~omauter Proficiency (20 years) Excel, Word; Sales, Construction (5 years); Corporate Business -Management, Sales, Marketing); Property Management (17 years) Commercial & Single &Multi-Family; Real Estate Broker -Licensed (22 years} with 5 years of Commercial Leasing, Sales, Marketing that will be of value to you. PROFESSIONAL HISTORY 1992 - 2006 LANG MANAGEMENT COMPANY Boca Raton, FL On-site managed a 460 unit condominium property with nine (9} five (5) story buildings, two (2} swimming pools, 8 tennis courts and a clubhouse. Managed a portfolio of up to 16 high end community associations, collectively consisting of 649 individual homes and 345 two (2} and three (3) story condominiums totaling 994 units & responsible for creating, implementing and overseeing the annual budgets of expenses over $4,000,000 collectively. Professionally managed the following contracts of accountants, architects, attorneys, carpenters, developers, electricians, elevators, engineers, general contractors, insurance companies, irrigation specialists, landscapers, painters, plumbers, roadways, roofers, and other contractors, vendors and agencies. Successfully negotiated and monitored the completion of five (5) developer turnover settlements, (4) asphalt roadway overlay's and nine (9) roadway sealcote projects, (8) painting and (5) flat and sloped roof replacement projects. Collectively directed the operatiut~~ of up to 15 properties collectively and consisting of more than 1,000 housing units. Successfully negotiated and monitored the completion of four i4) developer turnovers. 1989 - 1992 BENCHMARK PROPERTY MANAGEMENT Coral Springs, FL Consistently directed the operations of up to 15 properties, collectively consisting of more than 1,000 two-stork and mid-rise condominium units and individual homes. Responsible for overseeing the annual budget expenses of over $3,500,000 collectively. 1987 - 1989 CONDOR PLACE Boca Raton, FL Director of Property Management & Leasing. Directed all the "on-site" property management, sales and leasing efforts fora 40 bay 95,000 square foot Office/Warehouse building. JAMES HOUCK PROFESSIONAL HISTORY Page 2 of 2 EMAIL - jdhouck5l@yahoo.com 2 of 2 PHONE/FAX (561) 865-2636 1985 - 1987 SCHNEIDER COMMERCIAL REAL STATE Los Angeles, CA Commercial Real Estate Agent -Worked with developers, properly owners and tenants & negotiated more than $2,500,000 in Retail, Industrial and Office Leases and Land and Building sales. 1975 - 1985 ST. CHARLES MFG. CO. St. Charles, IL 1974 -~ 1975 1985 -Present A national and international (high end) residential, laboratory, school, institutional (steel & mica & wood) cabinet manufacturing company. Western Regional Manger Eastern Regional Manager National Operations Manager Sales Engineer/Draftsman/Estimator KIMBROGH ARCHITECTURE A.I.A. Designer & Draftsman & Field Inspector LICENSES & DESIGNATIONS & MEMBERSHIPS Mortgage Broker License Commercial Property Management Community Association Manager License Real Estate Broker License Real Estate Broker License Los Angeles, CA Ft. Lauderdale, FL St. Charles, IL St. Charles, IL St. Petersburg, FL MB-0635725 - FL. IREM-159693 CAM - 5414 - FL. BK-500323 - FL. BK (Expired) CA. CITY GOVERNMENT 2004 -Present EDUCATION 1984-1986 Board Construction Appeals (Vice- Chairman Delray Beach, FL 1969 - 2007 CONTINUING EDUCATION CLASSES Real Estate Broker & Community Association Manager & Mortgage Broker UNIVERSITY OF CALIFORNIA Los Angeles, CA. Property Management, Marketing, Finance & Appraisal & Business 1969 -1974 UNIVERSITY OF ARIZONA Tucson, AZ Bachelor of Architecture rrt+,rl ~.,~rl+rlv; ar r; _:; _luJ i I I . ~{°~; ~ I. I I . =1411V0, n~n I'I I ~~:;'J~~:i f _ Ui%:J%U7 DIUN Uy:Utl r-A.3 561'L93J774 CITl~ CL6Rh X1004 DELRAY 6Et-CH ~ CITY OF DELRAY BEA+~H ~~I~l~~ r ~ pp 22 33 2007 ~ BOARD MEMBER APPLICAT~N_ C 1993 ~~T i ~LG~~ 2001 Please tune or otinr the follom~P infr-mur;~„• 1. Last Name: 11 -.......... , ......_„ .... _ _ ~~ ~~~ ~'~1 Name ~ N Z~C1 1`~ I~„ 2. Home Address- l ZZ ~- ~q N S~1Z•tC.~ City u RR~~ State ~L Zi Co e ~3 3. Legal Residence. S ~-~ -~ ~ ~ cY Srau Lip Code 4. Principal Biuiness Address ass -.~ c s ~ ~~ City ~~.~ ~~ State rz Zip CUde 333 5. Home Phone: ~6 t-g7o-Y8 Bt~~iness Phone: S (-~330~~ 4 E-Mil Address: tic ~ - r~c~.~~~Ne Cell Phone: o~~P ~" m ~~ F~ ,~6~ -3~'T~ `l 6_ r3ate u4 Binh 7_ Arc you a regisrered voles? If so, where are you registered S. What d(s} zre you iaterc ted i scrQing? Please list in o r of preferznce: I - 9. list Gty Boards on which yott ser~in hzv eviovs erved: lcasc in.clud~ dues r~ L s'~ t` ~ ~.~ ~~,~~ m IO- £ 3LLOIl SCStIOns: 11. List any related professions] certifications and licenses which you holcL- 12. Give your present, or most recent employer, and positiorL ._. -C~i I3 exprncnces, slap; or kuoavledgc rich qualifj you to serve on this oard: (Please attach a brief resume) a ~ I ere y ce nc~ ab sr~cemenu are true, and I agree att.d understand chat any mrsstatemznt of material facts co li ~ n may cause forfeinu~e upon mypart of any appointment I y receive. ~~t SIG DATE ~ ~vuc~ ilu~ aYYu~.auvu win icinaui vu tue to the ury ~encs Vlrtce ror a penoa or 1 }'eats trom the date it was c~iE.mrrr~r~ TT ~sn~~ hn ~~.~ ~.~r,~~r-.nr'c .~e....n~:~:~:~rn~ c...~..b .L.,. , .-.,~..~~~ .......1:.....,._. ,.- ..., r!, /-LJb-1l'JI~J~I I b = I ~3AM rKUM IVI,J 5b 1 S~10 /b4L1 t'. 3 Kenneth T. Kaltman National Compliance Services 355 NE 5`" Avenue Delray Beach, FL 33483 1994- present 1982-1994 - l 978-] 982 - 1965- 1978 - 1961-1965- National Compliance Services -Manager and Field Auditor National Regulatory Services -Sales and Compliance The Securities Group -Senior Partner/ Trading and Compliance Lehman Brothers -Senior Vice President. Trading -established London and Tokyo office for Lehman New York Institute of FinanceltJniversity of Tampa NASD Exams - Series 63, Series 7, Series 24 Please ~ or ri_ nt'tbe folio i~om=a~on: -~[ I: 1_ Lsyt Nau~c-~ Name Kenneth . PeltLie ~ .: ..: _ : . t,~~ Stnt~~. . :Zip Gods :: 2. Horne Addtess:..~60 Rabbit Hollowe Circle Delray Beach 33445 ... . City State ..Zip Code...; .. . ~3: ~Legal.Residence: .. .: a .. t1t o . ~1 S e. Ztp (' de. ~' 4_ 2'iwcipalBusincaa ~lddrea3: .~ ._ ... -.... ... .. r _. _- . S: -~ T-'iomc Plsonc:. Bvsinc.,' Phoue: ~ E-Mail Address: Cell hhnn-~7~/ Fait ... -156- Sdd{{ _ _ - kpelftziie(g~Yahoo.com ~~:_:.:;:...:. _ " 561-d98-476d '~:=--... : ; ~.: ; :::: 6. ~1te you &.rc~ts~r~d~ ter? • ' ~ If so, where aic you roistered? 7e5 ~ e r each; Florida . • 7: tiXJhat Boacd(s) aic you inrecested in sewing? Ple+se list in' otdcrof picferzucc Downtown Development Authority , - P 10 ,... ;.- ~~ ~ Z v --~ - g $ a a ~ °~ ~ ~ A . . : . _. - _:: S. L1st all City Boards ai iuhich you: are cuttentlp setvu,~ or have prcvtouslp scroeti:- (Ylensc mdudc dates) .... :. ... ..... . .~ ~ Planning and Zoning Board 8%15/OO.to current 9. Educational quaiifications: Masters in~Public Health/Administrative.Medicine - ~10. List any .related professional~cettifiscanons and Iiceriscs which yoit.hold 1 ]: Gibe posh preacrlt; of raosc receni cmployer,.and posirion: Yee President Whitsyms Nursing•~td ~ ~ ~- - 1Z Describe txpericnces, alalls or knowledge whichqualify you to serve on this 6var.1: (Yleasc attac]~ a hnef iesume) . . Fo : Year ex erience in Hea h .Care . m' ~ :tan ~ -n9-== ~ :.:: ~: i Served as an offis~er and Board~Member of a~nLmber of r`nmmr,nity.nrnar,i~tlQns I hrrcl.,y ixriiCy -Lut -rll tLe above sraecmcnrs arc teat, aad' I s~[ee and vndrsccassd that mf rriaetatament o£ materi-1 farra ~ ' ' 1 contained in this applicarion~gy cause fosfeit~e upon mp part of.any appoinIInrnt~I mapreteivF . -- - o~~': ~ . ~~ ~--= ~_ ~z_,c..,~. _~~ SIGN RE _ ~ ~ : . Note This application will remain ota ;fclein the City Clerk s O.ffice.for. a petiod of 2 years~.from the dace'n was ~ . ~ ~ i . ~ subtnittcd_ It s:rill be die. applicant's responsibility to .ensure that a cui:tent application is ~l~o~~~A~:". _ . Sunday, May 16, 2004.max KENNETH GERALD PELTZIE 2260 RABBIT HOLLOWS CIRCLE DELRAY BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL EXPERIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Consulting Firm} Federal Government Health Care Program Analyst SPECIFIC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida 1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-1986 President, .Affiliated Hospitals of Indiana (a network of f8 hospitals in central Indiana) Executive Vice President, Community Hospital of Indianapolis 1980-1982 Senior Vice President, Robert Douglass Associates (a national health care consulting firm). 1972-1980 Vice President, Chi Sys#ems, Inc (a national health care consulting firm) 1966-1972 Associate Administrator, Assistant Administrator, . Sinai Hospital of Detroit (a 820 bed university affiliated teaching :hospital) 1961-1966 Budget Examiner, Bureau of the Budget (naw the Office of Management and Budget) Executive Offic f th P id W e o e res ent, ashington, D.C. 1958-1961 Administra#ive Officer,United States Air Force Hospital, Dyess Air Force Base, Abilene, Texas. 1957-1958 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC EXPERIENCE B.A. College of Liberal Arts (Biology and Psychology}, Washington University, St. Louis, Missouri, 1955 Graduate Studies (Industrial Psychology), Psychology, Graduate School of Arts and Sciences, Washington University, 195fi 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 Jt !-~~~-<<~~~ ih: 18 FRnr1: r1HC r1ILLHt t ~ ~THt•ILE't~ ~b12 f~x^c^.c l Tn: L-~ =7 ; -! DEIKAY BEACH y M rllbwneidcaCiry 1993 X001 F' . c 3 CITY OF DELRAY BEACHRECEIV~D 60ARD MEMBER APPLICATIt~, p'~6 2006 t,E CITY ~//e ~/ t'IcaSe t C ter Writ use tt~uv~~ui~ ~ ~~~~••~•=u~••- 1. L .5,[ Nam ~: - N:1rn S 1. i. 2. 13o11ae _Ad 2 s ~i~irl 1 ~ l ~ 3. 3:_cgal Re~idcncc: ds ~ ~ f ~ ~. piincipal ]3usiness Address. a~ ~ ~~~~ (.• -~ ~ _ Cit}~ ~ City ~ ~~ Sratr ~ Mate Stare ~ 7' Code Zip C~x1c J°~`!~~' Lip C~,d~ 3~~ 5. T It>me 1'honc: Businr~s Phone: I/-r1ai1 Address: Cell 1'h<~nc: I~a?~:: (i. :1te you a rrgi: ereil vnrct' ~5' Tf. ~U, whe e ai~c yoit r _ istctr ?. ~ha~ Bc~a (sl arc yoi 'n cte>red ii sc. ~ };? Please list in t'ardcc of prefect ee= ti, List all (;irq Boards on wlucl~ yi.u am cturendy ictvitlg or have ptcviously st:ivcd: (1'lca~e include d;~res) !~. F_ducari~na! drtaJiftca ions: f ~ U Ip. fist any related pt'otession ] err `ficauons and licenses which ~~ou hold: i 1. Crivc your prestllf, ox .nsr..ccc c1Ilployer, and posirictn: 13. Dcsu~be expctit:n - s, ;k~ 3s nr L- wlcdfic which yu,tlify'you to sc>vc on this hoard: (Please atLlch a brief rc5ume) 1 hereby certify chat all the above statements arc true, and T agree and understand char at~y mi.sracement of m;trarial .fu» contline ~ .anon t utSC forfciatrc upon my part of anti appointment T may receivfe~. `~ .C .1RE Dt>T~ Noce: vs ~yi 1cInaJn 0111•J.le 111 Clle (.~Jty (~~Crk"5 l)triCC tGr a pZr10U Or. L yt_aC_y t[t>IIl tCle aaCe iC ~va5 subinicted. 1C will he d~c apl?licant'i rctiponsibilir}~ to ensuxe chat a currcrlt application. +.s nn hlc. $•t: rrrt;t~cKStu>.~I:l .1YPLICnthlN HY"r'-C~-G~=1~_I f l~J~ 1.-'. r 1-:! II'I: I'IH~-. 1'IlLLHf 1 ~ '~ I Hf ILt ~ -•b1G ! b'r_iiji=~l I I_I: G-}_i,_i f i -f I''. 1- ~ 1 L.i.A' V~Ii1C~S' ria.~r'i~llati ~~ ~taxzlry, PLLC 29 N<~~-thcast ~ourt:~1 ~Venuc llcl>-av Bcac~i, •E'Ivizcla 3:34$3 Telephone (561} 276-6363 Facsimile (561) 276-8881 macmillanstanley.com Carol MacMillan Stanley` Thomas M. Stanley 'Board Certified oy Florida Bar In Wills, trusts and Estates. Real Estee April 23, 2007 Via Fax (561) 243-3774 City of Delray Beach City Clerk's Office Att: Venice Cobb 1'00 NW 1st Avenue Delray Beach, FL 3344 Re: Downtown Development Authority (D.D.A.) Dear Venice: Neil E. MacMillan ~is~e - s99s) Please. attach this letter to my City of Delray Beach Board Application as an addendum. Qualifications for Downtown Development Authority: 1. Manager, shareholder and attorney at MacMillan & Stanley, PLLC located at 29 NE 4th Avenue; 2. The principals of MacMillan 8~ Stanley, PLLC own the MacMillan 8~ Stanley Building located at 29 NE 4th Avenue; 3. Part owner of commercial bank site located at 50 NE 5th Avenue (Legacy Bank): and 4. Current ad valorem taxes paid (2006) is approximately'$62,000.00 per year. Thank you and 1 hope this will aid the Commission with the appointment process. Yours very truly, MacMillan _____._. t>,as M. Stan TMS/smt pPR 2 3 207 +`,1T~ v~-~~K Serving Detray Since 1946 n_n 1-«5-2~3r~r~ 1E.: 19 FRnr9:1•lA~_: rtILLHI l .~. '-;THPlLE'~' ~61~7t.~::~:~a TCI: ~-13377-1 MacMillan S Stanley, PLLC MacMillan 8 Stanley Sui1Cing 29 NE 4th Avenue Delray Beach, FL 33483 Phone: (561) 276-6363 Fax: (561) 276-8881 tom p~macmillanstanley.com 7ltonu~s M. 9tartle~y ~~~~ 1995-1999 Princeton University Princeton, NJ B.A.. Hllstiory 1999-2002 Florida State University Tallahassee, FL JuNs Doctor profssslonal 2002 -Present MacMillan 8 Stanley. PLLC Delray experler~ Beach, FL Attorney Level I Title Insurance Agent Will, Trusts and Estates Estate and Gift Tax Real Estate closely held corporations condominium law pmte~>bonal Member of the Florida Bar; American Bar Association; Delray Beach Chamber of Commerce; Chairman's Club; Boca Ratan Estate Planning mernb~ersFtltp~s Council; Palm Beach County Bar Association; Delray Beach Historical Society; Palm Beach Gounty Historical Society; Member of Rea{ Property and Probate Section of the Florida Bar; Member of Elder Law Section of the Florida Bar; DELPAC Ob)e~ctlvs I am a Delray Beach native and have a vested interest in the success of Delray Beach as a downtown landowner and businessman. I feel that my skills and knowledge as a long time Delray native and attorney will bring added depth to many of the City of Delray Beach developmental and review boards. F' ~ D~ City of Delray Beach City Clerks o, f~`ice .~~ MEMORANDUM ....~. TO: David T. Harden '~~-'. FROM: Venice Cobb, Executive Assistant/Board Liaison SUBJECT: Downtown Development Authority Appointment and Planning & Zoning Board DATE: May 15, 2007 Please be advised that Mr. Johnny Kincaide would like to be considered for appointment to the Downtown Development Authority (Item 9.K.) and the Planning & Zoning Board (Item 9.L.) at tonight's City Commission meeting. His application and resume are attached. DELRAY BEACH . o ~ o , d ~~~ i 1993 2.001 CITY OF DELRAY BEACH ~ 4 2001 BOARD MEMBER APPLICATIO'1~ ~~ C~`~~ ~' Please type or print the following information: .~/y-~ 1. Last Name: K ~ Name or~w~ M. I. 2. Home Address: ~fo -~ L'r- City rLR~v ~U~~1L-1 State ~i. Zip Code 33~iY~ 3. Legal Residence: Sl~rtt City State Zip Code 4. Principal Business Address: 39y y~ . c~~kuH~ rta fk R~ , SST?=- ~O~ City ~oc~Ll ~~N State Ft. Zip Code 3'.5~3~ 5. Home Phone: (sv,) yry-sg~9 Business Phone: (s~,) 9aa-~y~ E-Mail Address: ~K,~~,~v-~@ u;~,~w,.co Cell Phone: Fax: ~g,~)2oL-~~ 6. Date of Birth ~~ ~,~ 4 ~/4~o 7. Are you a registered voter? If so, where are you registered? Y~ s i g~9 7eL~ ~. ~i-~Prc, Pduns 8. What Board(s) are you interested in serving? Please list in order of preference: ~ ~ Z i~~, T~Dr4, ce,4 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~f Z. 13ot4t~~ i?bC~- ~Tbbro 10. Educational qualifications: IS . l4 . ~oL.lTl L14-t, SC.i ~ tc `' ,,,~~t S 17v' crtn~L~T'E 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ES~Wt~ bN ~1 L~ 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. . --~ S f ~N f +?~ _~ . SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. Jox~v~ x~N~cAmE 28 W. Flagler Street, 1 1` Floor, Miami, Florida 33130 PHONE: (3U_5) 371-9661 -FAX: (305) 374-4058 E-MAII..= i.liiacaide(~?`Ikfilln.com PROFESSiONAi.. TtitPERiENCE 2003 to Present LOCKS & 1%INCAiDE, LLP M1aIIll, Florida Parx,lc:r Specalizilig its eiitplo}nncnt law, contract disputes and general cotporateladuiillistrative laev. 1.998 to 2Q03 AItERATAN, SEN'rERFITT & Tt,IDSON, P.A. Mialrai, Florida .4ssnciate C.or~o.~te Deparaneflt Negotiated xlld shuctured nnengers and acquisitions of buainess entities; advised clients on general. corporate law, ennploylnent It~atters, al~piicable regulatory and adminis[rative guidelines; drafted general corporate docw~nernts, acquisition agrer~mr;nts and related documeu[s; dtafted conunercial docuorents. Fall 1497 FT. LAUDERDALE OTFICTi. OF THE CiT~.' PROSECLiTOR Ft. Lauderdale, Florida LC1W Clet-k Researched appellate, evidei}tiary and constirtltional issues; drafYCd legal mernolpnda, assisted City Prosecuror III aial pI'eparationc. Summer ].997 FOURTI-I DISTRICT COURT OF APPEAL West Palm. Beach, Florida Sr~nrrnar Intern fur Jtsdge r~TT 11T[lttlle4u SlAV6F1SUri Reviewed appellate briefs; reaeal•ctled and drafted legal memoranda, drafted legal opiaiion. EDUC ~,TION University of l~iinnai. School. of Lltvv, Coral Gahles, Florida T.D., May 1998 1998 Outstanding Yotulg Men of America 1998 Litigation Shills IIollors Award Flo-~ida Mi.gority Participation in Legal Education. Sdiol.ar University of Mianu Scholar Phi llelul Phi Legal Honor )=racamity Fre~aidellt, Cluistialn Legal Society Florida Atlanfic University, BOCA Raton, Florlda B.A. in Political. Science, Jwie 1995 Pi Sigma Alphs, National Political Science Honorary BAR ADMISSION Florida Bar, October 1998 CLIENTS REPRESENTED The Rickenbacker Collections Group, AutoNatiou, Iuc., Republic Services, lnc,, Kellstrom. iudus[rios, Medical Mana~ex Corporatio~~ PROFESSIONAL ASSOCIATIONS Ainericau Par Assodation, National. Bar Association Page 1 of 1 print • combine multiple documents -return j~"' Link to Board Certified Attorneys 4~-Florida Bar Attorney Profile Aitomey Number:__ 155802 Member in Good Standing Johnny Kincaide Jr. Johnny Kincaide, P A 28 W Flagler St Fi 11 Miami Florida 33130-1896 Phone: 3051374-6548 Fax: 305!373-5613 E-Mail: County: Dade Circuit: 11 Admitted: 10/16/1998 Board Certification: sections: Young Lawyers Division Link to the Lawyer Referral Service http://www. flabar.org/tfb/webadmin.nsf/PrintOrEmailF?OpenForm&Action=POE&URL=... 3/ 16/2004 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~ DATE: MAY 11, 2007 SUBJECT: AGENDA ITEM # ~• ~ -REGULAR MEETING OF MAY 15.2007 APPOINTMENT TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Planning & Zoning Board. BACKGROUND Mr. Gary Eliopoulos submitted his resignation from the Planning & Zoning Board due to his election as a City Commissioner. The resignation letter is attached for your review. This creates a vacancy for one (1) regular member to serve an unexpired term ending August 31, 2008. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. 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 Christel Silver. Mr. Seabron Smith is registered to vote in Lake Worth. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) regular member to serve an unexpired term ending August 31, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2008. PLANNING & ZONING EXHIBIT "A" Ronald Brito Contractor-President Rick Corbin Business Owner-President/CEO Michael D'Addio Business Owner-Real Estate/President Maura Dersh-Wissekerke Project Manage (also applying for the Downtown Development Authority) Joe Farkas Finance-Manager Bruce Gimmy Retail-Business Owner Cary Glickstein Land Use Attorney-President Sigurdur Hardester Sales Executive (currently serving on the Board of Adjustment) James Houck Property Management (also applying for the Downtown Development Authority; currently serving on the Board of Construction Appeals) Lynn Klein Finance-Executive Director Pearl Markfield Elrod Realtor (also applying for the Board of Construction Appeals) Eileen Marks RetiredBanking (currently serving on the Nuisance Abatement Board) Ralph Morse Retired/Photography Kenneth Peltzie Healthcare-Vice President (also applying for the Downtown Development Authority) Mel Pollack Security-Director (currently serving on the Board of Adjustment) Ria Santos Financial Consultant Jerome Sanzone ContractorBuilding Official Cheryl Shaffner Real Estate Jeffrey Silberstein Architect Christel Silver Real Estate Seabron Smith Executive Director Thomas Stanley Attorney (also applying for the Downtown Development Authority) ELIOPOULOS ARCHITECTURE, INC. Architecture, Planning + Design AA0003179 March 19, 2007 Mr. David Harden City Manager City of Delray Beach 100 N.W. 151 Avenue Delray Beach, Florida 33444 Dear Mr. Harden: ~~~~~Ep M~~ z i 200 Please accept this letter as my resignation from the Planning and Zoning Board effective Mazch 20, 2007. As you are aware, I will begin my duties as a City Commissioner on March 29`x, 2007. It has been a pleasure se on the Planningand Zoning Board and I'm looking forwazd.to my service as a City issioner. P. Eliopoulos cc: Denise Valek Venice Cobb 205 George Bush Blvd. ^ Delray Beach, FL 33444 ^ Phone: (561) 276-6011 ^ Fax: {561) 276-6129 ^ E-mail: GPE@AOL.COM PLANNING AND ZONING BOARD 04/07 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31 /2008 Deborah Dowd Educator Office: 304-4214 Appt os/15/o6 7 NE 16~' Court Home: 276-3991 Delra Beach, FL 33444 08/31 /2008 Paul Zacks, Vice Chair Attorney Office: 355-7396 Unexp Appt 02/01/05 Reappt08/15/06 748 Place Chateau Home: 498-2298 Delray Beach, FL 33455 Cell: 307=3583 Fax: 355-7193 08/31 /2008 Joseph Pike Business' Owner/ Office: 274-6500 Appt 08/l5/06 315 Lake Eden Way Engineer/Environ Home: 243-0060 Dekay Beach, FL 33444 mental Assessor Cell: 706-6360 Fax: 274-8558 08/31 /2007 Mark Krall, Chair Attorney Office: 276-7424 Appt 12/04/0] unexp Reappt07/22/03 1405 S Federal H #141 Home: 330-0215 Reappt 09/OG/05 Delray Beach, FL 33483 Fax: 278-6909 08/31/2008 Unexp Appt Vacant 08/31 /2007 Francisco Perez-Azua Architect Office: 279-2006 Unexp Appt o4/17/07 4415 Regal Court Home: 702-0028 Delray Beach, FL 33445 Cell: 279-2006 Fax: 279-2801 08/31 /2007 Charles Halberg General Contractor Office: 498-1112 Appt 09/OG/05 4870 S. Classical Blvd. Home: 637-0136 Delray Beach, FL 33445 Cell: 441-2990 Fax: 499-2814 Contact: Denise Valek, x-7041 S/City Clerk/Board 07/Planning & Zoning ~i~~s_~vo nBU ~o:aa r!ts Ool ~~r9 t,1~1Y t;l~t(11 IQJ002 ~Etanr aFwcH REG~~V E[~- '' ,~U~ ~ ~ 2006 ~ ~ CITY OF DELRAY 6EACH C~K ® BOARD 1'YfEMBER APPL,tCAT~Y ~~~ 1'993 X2007 p Please tvoe or error the Fnll.,,~.,.~ :., F.,«,,.,.:...._ 7~ 2 / A ~t~ 1. Iast Name: ~r ~ ~ Name ~o r+ cLt a(.- l+.i. Z- 2. Home Address: t 9 S 5E z`7 -w~ ~ v,e~ City State 8 n+~~ BeQ~ ~ Zip (;odt 3 'L l R id ~ ~ 3 . ega es ence: City State Zip Code Sa rrn -P~ 4~- Principal Business Address: City Sute !gip Code ZsSq 1~lebb Ave ~v Delray g~ ~ r-~ 3~~~~ 5. Home-.Phone: Buswess, Phone: E-Mail Address_ Cdl Phone; .Fax: 561- 73tf- SBZ~ J(o!-•Z'~9-a3~ ~ eu worJ~ ~u.ol , 510 -350 -orb b- Dart of Birth ~1•Z~q-o~3 7, tlrc you a registered voter? ,If so, .where arc you rc:gistercd? R - ~ ~ ~ ~ YES ~ ~+'1'~n ~ca ~ ~ F~ 6. UUbat Board(s) are you Inreresttd in serving? please list in order of prefcscncc: . ~oct ~ °c- ~~~ z f 9,. list all City Boards on v~hich you ai-e turrcntly serving or havcpr~ionslp saved (Please inciudc dues) C r Saar o t - o00 ~o0 2. 10. Lducarional dualificaQons: rS ].t. List alp relayed professional cciri.fications and license, which yciu.hotd: Cc~c-o+~?3~ Flor~d,L 3$ q ~ Cali rn~a.. o- 3RZ U•5• V'r ;n.ls /1.11 3 a ~r e L~ eh o.- Q Co.z-h-•c.c ~ r- l ~ ~e h s~ s 1? ~.slve yOl]I p[tSGilt, of mpst rcCCnL emplOya, and po51QOA: r r r r G• rG +~ ~ 13. Describe expcrirnccs, drills or knowledge which qualify you w serve on this board: (1'lc~u attach a brief resvme ~ o ,- r ~ ~.« ro ~ nd n ~, C ere ~Q aid res:den-h'a,t - Did ~~ reylv~a-~'o., of Sa-,dowic7 ~a}yre. Cev,'}er us . YQ~)OJS re5;den-?-~'ctl rCstor~~-i'on5 I ereby comfy that all the abavc statcmen a .true, and I agcu and uaderst~d that any misstattmc~pt of matcoal facts conuined in this applitarion cause feitttre upon my psrt of any appointment I ma recerve_ v r 7 ~ ~ SIGNATVRfi DATE l.T_~_ _ T_'_ _ 1' - 'l/~ ...,_~- .. 4rY..~s.,.,,..,,,.. ~~...-.... uu uic in tnc ury uerx s vmce liar a peno~ of L yea=s from the date it was submitted. IL X11 be the applieznt's responsibility to ensu=e that a currenrapplication. is on Ede. 1"Idf' G.7 VY UY= V.y ~D tnzerprise l;ontractors [561)279--0335 p.3 RON BRITO, GENERAL CONTRACTOR 198 S.E. 27th Avenue 1loynton Beach, Florida (561) 44I-1767 WORK HISTORY: 1965 -1979 Fourteen years as a ,framing and frnish carpenter in Riverside, Snn Bernardino and Laguna Beach, California. Production framing on several multi family complexes, housing tracts, and high quality custom frnish work Seven years as Carpenter, twu years as Leadman, frve years as Foreman on new residential and commercial projects, as well as renovations and remodeling. .1979 -1983 LICENSED BUILDING CONTRACTOR /CALIFORNIA Lic. B-388997 Spent frve years subconn•acting and running framing, siding, trussing, floor foisting, and .start installation on multi family complexes from large contractors. During this time, I contracted new single family homes, additions, remodeling, commercial roofing, and commercial tenant improvements. 1983 -1985 Job Superintendent on .custom housing in the Nashville, Tennessee area for one year. Subcontracting framing, trussing, and siding jobs for the next ttivo years. 1986 =.1989 LICENSED-GENERAL COIVTRACTORlFLORIDA Lic. CGC-047369 Worked at "The Township " as .Punch-aul Foreman for one year. Worked for David Jones Conslruc[ion at Gleneagles, Polo, Club as Lead Carpenter and Foreman for -one year on 32 eight Alex wood frame- multi family units. Wonted for Davis Brothers as Superintendent on Brighton. Lakes in Boynton Beach, building 36 wood frame duplexes. Constructed custom housing from Manalapan to St. Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989 -1991 LICENSED GENERAL CONTRACTOR/U_S. VIRGIN ISLANDS Lic. 2-01392-92 Traveled to Sl_ Croix after Hurricane Hugo- for S days to bring. supplies and help restore power and water to units of condominiums fora fi-iend_ Agreed to come back to restore h+~o houses. Restored fourteen residences, two commercial buildings and six rental units. Also completed work in St_ Thomas and St. John on custom- homes. Acquired General Contractor's License in the Virgin Islands in February 1990. Returned to Florida in July of ]991 and began new additions and remodeling projects After Hurricane Andrew, I opened a field office in Mfami for restoration work My Miami office completed 1 G residential restorations and about 3 2 roofing projects. ...... ~~ .. ,._....,r- `~~a.c~ Ni •~c ~.vni,~ cfu~,vr'S l~b1J~rU-UUUS p.4 RON BRITO. GENERAL CONTRACTOR Page 2 1992 -1993 Wray asked to take over operations of Falkav Constructive as General Mgr. and to qual fy the company. Falkav Construction was, at that time, under con[ruct with the City of Delray Beach for the new Tennis Center (2_S million-dollar contract) and -was engaged in school projects for districts from Lake Worth to Miami-Dade County. Although, after a thorough research, I decided not to qualify Fallurv, I brought the Delray Tennis Center to substantial completion in time for the Yirginia.Slim Tournament, and all of the school jobs were irr line. 1994 -present Owner and President, Enterprise Contractors, Inc_ Enterprise has completed »rany local residential and commercial projects since it 's inception, including new construction, additions, remodeling and historical re»ovations (such as the Sandoway House Nature Center in Delray Beach)_ In August 1995, I was appointed to the Construction Board of Appeals in Delruy Beach,. acrd I was the Board 's Director fora 2 year term. I 'm still serving on the Board for 2003 to 2005 .PERSONAL HISTORY.• I am 57 years olci, married, and have four children_ I have two years of college, majori»g in Business Management. I am an active member of my church (SDA), where I have been a Deacon for I9 years and um currently a Sabbath school teacher for.woung adults. I also sit on the Church's Building Committee. I own a home in Boynton Beach, where my family has lived for I9 years, and I dm a member of the Architectural Review :Board ,for .the Vernon Heights Property Owners' Association. I am also a 18 year rnerirlJer of A.A. and am active on several committees. Tennis, surfing and jogging are my favorite pastimes DELRAY BEACH 1 _ . 1993 .2001 ~~~~j~~~~/~ CITY OF DELRAY BEACH ~"~0"~ BOARD MEMBER APPLICAT~I~E~~E~ Please tune Or print the fnllnwino infnrmatinn- ,~` Z Q 2005 1. Last Name: CORBIN Name .. RICK . M.I. 2, Home Address: 719 FOXPOINTE CIRCLE City DELRAY BEACH State FL Zip Code 33445 3. Legal Residence: City State Zip Code 719 FOXPOINTE CIRCLE DELRAY BEACH FL 33445 4. Principal Business Address: City State Zip Code 6U1 IJORTH CONGESS AVE, SUITE 434 DELRAY BEACH FL 33445 5. Home Phone: \ Business Phone: E-Mail Address: Cell Phone: fax: 561-381-1047 561-272-1027 RICK@THECORBINGROUP.COM 561-866-2321 561-272-2675 6. Are you a registered voter? YES If so, where arc you registered? DELRAY BEACH 7. What Board(s) are you interested- in serving? Tease list in order of preference: PLANNING & ZONING BOARD ~. List all City Boards on which you are currently serving or have previously served: ( lease include dates) NONE 9. Educational qualifications: CHARTERED FINANCIAL CONSULTANT 10. List any related professional certifications and licenses which you hold: NONE 1 1. Give your present, or most recent employer, and position; THE CORBIN GROUP, PRESIDENT/CEO 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I OWN AN EXECUTIVE BUSINESS COACHING ORGANIZATION WITH CLIENTS WORLDWIDE. FUNDAMENTAL TO RUNNING AN EFFECTIVE BUSINESS IS DEVELOPING AN EFFECTIVE PLAN I BELIEVE MY SKILL SET AND EXPERIENCE WILL BE AN ASSET TO THE BOARD AND I WISH TO CONTRIBUTE. TO THE CITY IN WHICH I LIVE AND WORK. hereby certify that all the nboue statements are true and 1 agree and understand that any misstatement of material facts ontained in this application may cause forfeiture upon my part of any appointment I may receive. SIGNATURE - _ DATE ~rl~ Q~ a~va~.. auaa QYt,n., ^~,. wiu ,cwaiu vn.~G ~u-tue ~i~y ~,ierx~s~ wince ror~ a~pertoa of 1 years tirom the date it was submitted. It will be the applic nt's responsibility to ensure that a current applicatioxt,ig:on file. s\crmeoean nerattnnav thecorbingroup moking the best leoden even bener. July 15, 2005 City Clerk's Department 100 NW 1st Street Delray Beach, FL 33444 Board Member Application Dear sirlmadam ~. c~~/aq~ao~" www.thecorbingroupcom Congress Commerce Center 601 N. CongressAvenue.Suite434 Delray Beach, fL 33445 ie! 561.272.1027 fax 561272.2b75 Please .find enclosed an application to be considered for the Board Member Position for the Planning andZoning Department for the City of Delray Beach: If you would Jike any additional. information-please contact me at your convenience. Regar ~~ w Ric aid P Corby President 1-CEO Enc. City of Delray Beach Board Member Application_ Rick Corbin's passion for coaching began almost 30 years ego. After. serving honorably in the United States Marine Corps for eiglif years with a tour in Southeast Asia, Rick attended Northwest Missouri State University. Rick earned his certification as a Chartered Financial Consultant, launching a distinguished 23-year career as a Registered lnvestmentAdvisor in the financial services industry. Rick's success as a Financial Planner was a direct result of his . ability to coach senior .level executives and entrepreneurs and was a prelude to the establishment of The Corbin Group. Rick's mefhodology and coaching style generated bottom line results for his financial planning clients and created the opportunity for-them to live the life-they dreamed: H'rs effectiveness earned h. im an expansive financial client base, a distinguished reputation, and a listing in Who's Who in Finance and' Industry. !n the early'90s and in response, to the increasing~demand for fiis coaching expertise, Rick transitioned from financial planning to full-time coaching, launching The Corbin Group, an organization dedicated exclusively to providing executive business. coaching to owners, presidents and senior level executives. Rick's former customers became clients and shared their. successes and breakthroughs with their colleagues. Rick's vision of providing a unique and effective curriculum- of seminars, workshops, courses and individual coaching has been realized and continues to evolve. ~~i thecorbingroup ~M~~~ DELRAY BEACH .e ~~ R~G~~vE ~ - ~ CITY OF DELRAY-BEACH AN i g 2001 J ® BOARD MEMBER APPLICATION Y G~~~~ 1993 G,~ 2007 , Please type or print the following information: ~/% ~/.9 1. Last Name: D ~~ ~ ~ `Q Name M y ^ ~^ .~~ 1 ~ ~ ~ ' ~J M: I. . 2 Home Address- '~ ~l S 1 U d' 3. Legal Residence: S l~l^~1 City 17P~1 ~~- ~ City Sta. e. >~ State Zi .Code Zip Code 4. Prindpal Business Address: ~~~ City State Zip Code 5. Home Phone: ~~~ Business Phone: E-Mail Address: t" l lc_ttA~(DAofc~~0 Cell Phone~~3 ,Colic Fax: 6. Date oE_Birth 7. Are you a registered voter? If so, where are youregistered? $. What Board(s) are you interested in serving? Please list in order of preference: I~JIU ~A.l 9. List all City Boards on which. you are currently serving or have previously served:. (Please include dates) . - 10. Educations! qualifications: --rr S-F0.- ~ qF ~C1Q.. - 11. List any related professions! certifications and licenses which you hold: ~.~ C . e - -l-~a.~Fe. o r" - 12. Give your present, or most recent employer, and position: ~ C e w 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) •N .~ - I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this a 'on may cause forfeiture upon my part of any appointment I may receive. /~ g~b~- -SIGNATURE DATE - Note: This application will remain on file in the City Clerlt's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on f le. ~EIRAI' BEACH . d e Post-irn F;ax Note ~76~j71 All-MwlcaCity T 1/~~ (/~V~ - BOARD M E PI"a„d a ~! '?-° y--~ ~~ Faz p ~~~ 20n1 Pltase tune or Driuc the Eollowinsx inftarmatic~n- ",~., t From r~~. MAC ~-{uu~- llVlp: H ax >R ' ~.~ -~-1~ ~lh~ ~~ 1. Last Name- dERSII-wI SSF..KERI:E Name ~ Maura - ri. I. ,7 2. He>ttlt Adc~r~ss- 34 SE t. Ave Apt tlll CitDy elray Beach Ststtc pL 73~4~3ocle .... 3. Ixgal Rcsidcncr. Same Ci.gf - - State ?ip Ccxic 4. Principal business Address: Gallo architects & DevelopmenC company 1311 Newport Center Ur, W City Deerfield Beach State F1 Zil.~ Code 33QQ2 5. Howe Pltone: 561.278.A999 Business Ph<ant: -954.794.0300 L--Maill~dclress: Maurajwt?aol.com Cdl Phtanc: 954.461.6523 I'ak; 954.794.0301 6. Date of birth 2 April 60 7. Arc yc>u a rt:~isttred vote? lF so, where arc you rcgisterztl? yes - f3. VG'}tat Board(s) arc you inccrestcd in servill~? Ple;we list in carder of prefercncc: Plantaittd & Zoning, Downtowli Development Authority construction bd ~~f Appeals T.ita all (:iry- IIoards on which you arc citttently serving tir have previously scrvedt (Plc+sc incluil~ ilatea) H~etor~c PreservaC on Boar -2006 P ln_ F.~lucarional9ualifications; Bac o aer of Rrch~.tecture lI. ~.ist any related profrssion.~I cerciticadons end licenses tuhich you hold: 1? Give our present, or most rzrent employer, and position 8110 .AL'Ghitk3 C'Ce & Development comp, 1311 hewpor[ Center DR Dzerfield Beach Project Manager - 13. Describe experiences, sitlll~ Af iC[lOR+lcd};C Whl~h tlu:tilfy }~Qu LA CeiV~ An ch15 b03rd: (Please attach a 1>rieEresunic) I have been in aspects of Architecture for over 20yrs. I have lived and or workefl in Delray sits & zaninsr codes I heieby certify chat all the abrne stacemencc are Iruc, and I agrte 3ncl uiti}erscand that any misstatement of material facts contained in this x~~p~l(~;ti n may unse forfeicurc upon m}' part of any appoincu~cnt i.~m,-ar_rc'cc`ivc. :SIGNATURE tr ~ ~- ~ - 1)ATr: Noce: ?his applicatiian will remain on file u~ die City Clerk's UfSce for a period of. 2 years from the date it was subnucted_ It will bt: the applicant's rt:sponsibiliry to enswrc chat a current application is on file. IHAURA J DERSS WISSEKERKE 34 SE 7a' Aveune Apt#1l Delray Beach fl 33483 561-278-8949 CELL-301-395-0329 Ed+tAII: M9[IltAJW~wOL.COM PROFESSIONAL EXPERIENCE: Diverse expetiencx in all aspects of Design and Project manage~nenr, from initial program review throv~gh preparation ofpunchlis~ ~- March 2001-Present- Robert G Carrie Partner .ship, Delray Bcscl~, Florida Project Manager Rcsponsil~le for all aspects of projact, • Site and building design including applicable code research • Co-ordination with clients, QOnentranrc and Contractors • Producfiou of contract documents and spaiifiCatons • ConsRtxxion admistration Projects: St Andrews Country Club, Duvall Place Condiutitrmnnts, ViTIage Grande Condiuuuniurus; Miami Fire. Station #2, Delray Playho+>SC~Childrens 'lheam lone 1998- January 2001-THOMAS POPE, YA., Key Vilest. Florida Pmject Archit<xt Projects: Hyatt Key Wester G24 SoutLs~rd Street; Bryan Residence Truman Anncc, Hendrick Residence 901 Ftagler, Woods Residence, Powell Point $aha~nas, Radisson Hotel. September 1997May 1998- ~~i/YLAND ART GALLERY, Key West 1lorida Art ConsuliantlSalesperson Assisted`mariager with training October 1995-April -1997- LIZ CLAlB4RINE Inc:, New York City, New York Senior Project DesignerlManagcr Corporate Responsibility for all nffiC~ Showmomc & special ,projects October 1991-September 1995- LIZ CLAIBORNE Ine., Ncv York City; New York lte<epot~~sle for New Yorlt City and Regional offices, showrooms, o11'i~oes & special projects Helped to developed departrtx~t Created drawing standards and files using Autocad Projocrs~ Atlanta Apparel Nratt Showrooms and offices, Nrw J~txey retail offiors, Corporate retail display Presentation_ New York Showrooms and offices for Villager, Crazy Hotse, Dresses and Colleeaon Stadia. Apn1 1985-September 1991-Designers Fore Ltd_, New York City, New York May 19&t-March 1985- Metaky & Zuckerman, Vemna, Neer Jersey June 1983 May 1984- JS Randolph Associates, liackenrack, Nea Jersey Edacarion: New Jersey School of Architecwre ~ NCE. Newark, New Jersey 1983 Bachelor of Architeciurc Ccrtif~cat~es for lES foz Commercial ~t industxial Lightinig RCS Building Code lt~spocxos- liRt2 Famt~y da~cllings Sub-code t~1iici,al-1~2 Family Dwellings Ncw York Building Code Compliance ADA Compliance . £d 41~c5:3Fi £6Cc tr~ '~Ahl t`3i3 EbG i~ -Ohl ~Ot-Id ~ dIHSd~t-dl'cMd 3Ic~rr.~ '~ 1'cB~i0'd WOcl.3 • l O • ~ ~ A ~ CITY- OF DELRAY BEACH ~ r ® BOARD MEMBER APPLICATION 1993 2(301 Please type or print the following information: ~/~% ~~~ 1_ Last Nurse: /~ Name ,--- 14L I. 2. _ H ~me Address: - ~ 7.~ ~ - City ~c~ State - ~L Zip Code 33Y - S 3. Residence: - City State .Zip Code 4. Principal- usiness Address: v~~Ltiq- i1 c~Rc~u- `G 3 ti City ~ ~~' G frcr -L State - i L Zip Code ~.~ Y~~ 5. Home phone: Business Phone: - ~y ~-Iviail Address: ,~%/~iC~C' S~ S-! ~ Cell Phone: ~' /x171 ~ b s/ Fay - . 6. Ate you a registered voter? y If so, where ate you registered? - 7. What Board(s).are you interested in serving? Please list in order of preference: ~ %D O P ~~ - - 8. list all city Boards on which you are currentiy serving of have previously served (Please include dates) 9. Educational qualifications: ~f~C: ~9 ~ r/..>G lU. List any related professional certifications and licenses which you hold - 11. Give pour present, of most recent employer, and position: - - u.~ .9,~ ~ 12 Dtscribe experiences, skills or knowledge-which qualify you to serve oa this board: (Please attach a brief resume) - ~~ ~ o B ~i/ ~/ c:~J~~ I G~02 /t ~f- .Si~ee ~ i7~s s2 e' - ~ fie. ~e~-y:- F~~- ~r2 - ~ c, r-'y I hereby certify that au the above statements are true, and I agree and understand that nay misstatement of material fads contained iti this application may cause forfeiture upon my part of any appointor/ent I may receive. - fp /~ - ~ Jc7S~ SI . T[JRE DATE ~ . ~...~te: This application will te*ra+n 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. . norr - -- -- --••-~•- • ~w• ~~~~~~~~°~w, muiun~ +5616896506 T-182 P-03/03. f-6U9 JafE .~. FARKAS - 737 Northwest 37th Avenue Delray Beach, Florida 33445 (561) 499-4:178 Cell: (561) 27'1-7651 OBJECTIVE ;seeking Management position with growth oriented organization where my skills and E:xpenence can be utilizEri• SUMMARY OF QUAD FICATIONS - • .Professional offering exceptional manaclerial, organizational and motivational experience in finance industry • Proficient in coordination and implementation of multi task responsibilities • Excellent communication and public relation skills with strong emphasis on customer satisfaction •~ Nossess nigh wont etnlc.wlth versatility ai~~i Nciacveranccs •~ Experience in traininc and motivating sales and service representatives •~ Continuously exceeds goals - •- Productive in effective; time management to ensure schedules are met •• Effective team player anal proven troubleshooter E7~CPERIENCE 1.1/00 -Present ',vASHINGTON MUTUp.L BANK, West Palm 13each, Florida :asst. Yice.President/~clnancia! eenter.Mar-ager -• Hire, train and motivate staff of 15 to become effective bankers - Attained morCgage-arid consumer loan gro+~~rth of 125% to 175°/, •- Develop and maintain positive business relationships and community. contacts •• Realized 100% goal ~3ttainment far the pass: four years .11!92 - 11/00 .>MTRUST BANK, Boc~~ .Raton, Florida • .~oan Officer (3197 - 11100) - Processed loans fto~n origination to closing - Produced $19 million. in mortgages during ~~ne 12-month period • Underwrote and approved. authority for eq~~ity loans up to $250.000 branch Manager (6/93 - 3/97) - Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) - Provided high customer service levels emphasizing problem resolution and staff development .loan Ofttcer (7 1192 -- 6193) - Solicited builders, developers and realtors to originate loans - Generated $15 mipian in mortgage from 1 ~J92 to_ 6193 4/85 - 10192 CA!_IFORNIA FEDERAZ SAVINGS 8~ LOAN Branch Manager Created customer a~arareness by developing and implementing. marketing programs and soliciting outsides business. Branch consistently :achieved over 100% ct procSuci~an goals: •r4`~7~v`~: •,-_v1"': vim.... ~ :J.~ ~~r- a- ¢~4 v:~l:-., Rachelnr of Bus-mess Administration v~ :' - ',~ ...... ~ _~--... _.. _.. .... ., _._.~~.. ....._ _. _ . -~_ a _ a ~ r ~_ 01/18/07 TBU 1J:48 FAI 681243 '4 CI1Y C1512I{ ~ OOJ u;~r RECEIVED CITY OF DEL,ttAY BEACH JAN 1 ~ 2007 1 ® BOARD MEMBER APPLICATtONCITY CLERK 1999 2007 9 Please twe or nrlnc the fnllemin~ infotmndnn- ~// ~~ 1. Last N , - ~~ ~ Name ~C~~,~ . M I 2 Home ~ " Gr:c'~. ~ ~~L/~C /1 1 '~ ~. regra! ReaWcn ~ 1,1n,aS2_ ~~ ~~ Zip Code 4. Pcitid ~ us ea 5. Home, Bu css P ones ~ ~d ~ Cpl Phone IpaX: G. D/aim of rtb ~ 7 J•.~ ~.,-~ 7. Arc }rou n cgiatrsed volts? IF so, where arc you rc~stua3? r, P~ (~~~= ~~ ~ f ; 8. Wlu~t Board(s) ase you inmzasced in serving? Pka9e 1(se ~n ocdec of pte•.Cet+rnr.~ _ 9. L1st atL.CtT on which you are cursradr ar have pi~crloyal • (Plesue include dseas) . "~-~ ~ lo. ga~Qao~:t yuausaao~a ~ : ~~s~ ~ : ~~-~ 11. Lice srry rdsted profiesaional ecrtiHcstdons and liccrtses which you hold: 12 Give your preseet, or most recast emplopcr. and poe}don: - t3. Dario , aidllt or Ictaavkdgt Whk6 qualify ~V tr, sCL9C OII t}>is boated: ~ieaBC atts~ch ! btuf tt~L1II]C) I rbas'll the above ata dare and I ~ and undea d thse any cnt o manedal facts a{rpllutlon may Huse focfdturn upon my pan o[ anp appointment I y ~ DA?B~ NOtC ~enunn will train en file in rF,c ! 3n. C7.T'4'~ [~~i.,. ~,: a .~...~:...a „s ~ .......e ~.......t_ a_~ : - -- submicrcd. Ic Will be the applicant's cesponaibility to ea8vn t~tat ar ttttrtnt application is on Hle. OELRAY BEACH . o o All 1lmeriCaCity 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: ~~~~~~ MAV ~ ~ 2001 s/9/~~ 1. Last Name: r ~~L~S~~~ Name C a~~ M.I. /~ 2. Home Address: City State Zip Code 3. Legal Residence: S a-.-t,. Ciry State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 2?2-.3 (,31 Business Phone: 2?~ -~-IrZ E-Mail Address: ~lo.,~.-~~~~ r~ ~kfl~a Cell Phone: (~~ _O.r~Z- Fax: / 6. Date of Birth _616~~-~ 7. Are you a registered voter? If so, where are you registered? t e-~ 8. What Board(s) are you interested in serving? Please list in order of preference: 9. List all City Boards on which you are currently serving or have previously served: (Please include dates ~i ~ -_I ~ ~J c7 R ~ ~1 V 1 ~ 3 th J7 ~ J C. ~vG1 ('~ r..~ Q Li/`-~ ~h. G/~~b ~l ~' IJ. l7` C{. 10. Edu ational qualifications: tt ~~/ 1 ~ ~~ Vn..ttrJ` df ll~t d~~ v./'(f~i r 11. List any related professional certifications and censes which you hold: - / qr. d ~qr f''1 .~,. bar - /a ~.` e(~ G e~.t.~( C6..~.~~c<c~d/ ~j o ~ . v{ ~ t C~I L .f ~- ~ J Q ~ e .~ T ~.~ c, --~ 12. Give your present, or most recent employer, and position: ~ ~n /~ 1 ,~(v.. c~~ ~ dt 1'ro ~f~ f' f ..~Hc . / ICJ ~ ~t.o.l 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) q ~ ~ V ~ Y'f r ! SQ~n t '~ ~ r' ~ ['_ G ~~ ~cJtio r 1 ~f ( / ~"C~irS I hereby certify that all the above stat ments are true, and I agree and understand that any misstatement of material facts contained ~ this application may cause forfeiture upon my part of any appointment I ma fy recei`ve. ~/ ~/ SI A RE DA Note: This application will remain on file in the City Clerk's C-ffice 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. -.... -- --• -~---- ~... ._ _~~ ...-,.-.ate-...~.~_ -.- ~ ~ .-. ._~ r.~i DEIRAY BEACH REC~IV~~ ~ CiTY OF DELRAY BEACH - ;,, BOARD MEMBER APPLICATION JAN 2 6 200p~7~,[ Z4Q1 i~`` CITY /C Plcasc [ - •c c,r •rinr nc~• t~~ll~n~in~; i~~l.,ntriu~,rr _. ---- - J~,~-~{ Q 1. lasl hJsirrtr' Namr - ~ 1:' 2 Hotttc lcldr~•:~_ ---- - - - Cin Jtuc %ip Ccklc ~ 3 08 L ~9/%~ C.1oo~ ._._ ~ r~~ _ l~r Irk ?~~~<<~-r F~ .s~.3y~/S --- --- 4_ nnclpal I~u>iuc~s :lcklrc-;_: Ciry ---- \,.;,,~- lip CvJc ~~ (?l ~.~-If~tt~ ~'[>C K. ~ a`, l 1-~ ~At_t_.+.rt.a sS~ c l~L 3~30c~ 5. I Ioi»~• I'hnnE:. Ruanrr:~ I'lv.ne- L-flail addre~5: C~:11 1'hvuc: j-';~x; .5-~1 - ~i ~S. t~p~-~- ~~~1L~, t~1~~•75.~~ Sl ^r~~+r~Dt STC~ ~~,1 ~oG-`~o~j • c~ MSS. C..c r'1 fi. T)a[c vCltirtlt ?. i~ r~r y~,u a m[~i~tcrvd ~-nrr.,•% If sc,, ~cltCrC' :ih- ~'c,u rc~s[r.rcilr 8. Vi'h:,t 19~,ard,.) ati• ~~n, interestc~l u1 scn'in~;' 1'Ic:ava list in ~~rdcr of prcfcr~:nr.~~: - . _ -- --- _-. .. ~_-B L' o F.. ~ t, -~ S-~`.~ ~ _p1An.~n:ly G -( 2_ ~ti l uC> ~--- 9.. Ltst ell r:irl• 13•,atds an w-hn:1J Yvu arc curt~nth c:rvin~ ~.r harc prcvi.~ua}• ~rn-cil: ~1'~i-asc iitcli,.9r .Tate) 8~.. e ~ ~ r, ~; ~: s -r t, ~ -~ ~ _ ~1 L ~ -cry ti~AT~ ~ C~ C? ~(- a o 1i1, L~lur:~u.~,ial yua[il,c:ui.~ns: --- •---- - ~_:7~G-N~ c~D -~t~t_ L! :~ S .. _...- ~-,~ l-l EF~i_ C,~ vV ?-c~rz `~ ~ ~`~~ --. _ . _ l 1. r.i;l an}' r~lalcJ pt„lcssiutt:,) ecrrihcari~.~» and licenses which ).~~u hvW: ~- --- - _ N ~ `- - -- 12. CiivC }•ixir j~rescnt, ~,r mo>t tcccni cm~,h-~yc.r. an~11,~,.;iti,,rr - - ~~ ~ `~ J1 ---- ~n 1~ (tG> f~ }~. (I e'l ~-~ -- . _ - - S-~ L. r' S L X t C U 7 / t;'~ . 13. r)tscril•. cxrcritncc:., .kills ~,r ~.,~rkdfic u.•hich yual,f)- )'vu t~; ;ervr •m chi: Guard: IT'lca•~~ attach a b,icl u•sumc) ~_~ ~ C ~' S S ~_ ~ S'~ !' w I r ~ _. - ~ -S --~.~ Ct ~ !~ D .J u S . i rl ~: ti 7 ... . _ - ~L f'C~'Nft tC l hcrcbf= c,•rtiC~- th:u al! ch. :ih..: ~• aatcmcnc::u-c rruic, anti 1 a};rrc and un~lcrsc:uld that any ~ILSSC~t~mcnl c,( matcri:il fa~:~. ~ ~- «intai,~ad i Il,i • arh 'CA al Ol:a - Q:u,5c 1Vr)•dR,[C uP:n, n,y h,,n cif a,t-• a1~h,,intmrnt T mad *ccricc. -- ~ ~1~ C .. ~ -- ~~ Note: "l~ti• :tj~plicarinn ~~i~l rctu:,it, ~:,n fih: in thr City (.=lcrk`: < )!lice f-,r a rrri~_~il c,!- 2 years fr. „» the date it u%:ts ~uVmilte~l. It :vill Ise the aPJiliranr'~: ri•*I,utsil>ilira• ri, r-ux,rr ,.hat a curr4ut arPlic.~ii:,u is vti fik_ S1G HARDESTER 4308 I.rtt~c.vuud Dri~•c Dclra -, I3ratl~, I~1 3~S~14ti__ QUALIFICA7'IUNS SUh1MAR1~ Phone: (Sdi) 7U6-~49G E-mail: sibhanicstcrrnmsn_c,~m. Sale; / hlanaF!ement 1'rufesiuna{ with rnorc than 15 }'eat•s experiznce i~"ith 1liM, Xerox, Gaut Siemens in the Te{ccunununic.ati~~ns and Infornrttiun Technoloby S~tlutions busing,. A hands-on sale. executive ..pith ~t pruti~cn track rea~rd ~,f success in exceeding salts an~1 custrmcr satisfaction projcction::,nd meeting{ g,~a1> and c~bj4rti.•cs al all IC~CIs nfthc t~rgani~,•,ti~n_ PROFEtiSIt)NAL t~~.l'ERIENC"F: Sl>t:MFNS ENTI;.RPRISF: NET~~()It1~S, Boca Raton, FL Gr~r»nle•1•~•i~11,~~rlrs :ti(111c1~e'~". FI<,r-ie/r; 31Q3 - Pre4ent Kccruitcd hack to Sicmelu to rehuitd a nine ~unun ci-mrne;rcial sales taarn resp~nsibfe It,r direct and channel sans in the Florida geobraphy. Through aggressive pci'iorniance management and reatliting "A" 12VeI p2rfi,rm~fS, ~Ya~ abtl' tc~ 3ihlCve t'8~;'o Ofteallt ot'dzrs ItUmt>zr dUfln~ nly~ SetolKl )'e:ir. 1ti2y 1"eeSOnS fii;r success int~ludcd li>Cns un yu+lificd I<u'ge.oppoi~unities, leverag.ing.~•rinen att-.,t~gic acec~t,nl planninb, and appruhrit,tc. custt~mc r executive level Tales tiJCUS, lu include ling of husinc.sr cxccutivc~ a: ~+•et! :,> tr:chnuh,gy Icadcr~. NEC 13L1S1NESS NETWORkS SO[.UTIf.)NS. Attanta, GA /teglnn~7! 3c,lc•., :41an~~~c1•. S'~uth«ist 4/112.- 3/03 Tasked wish rstahlishinK a business presencz for NCC in the Southeast Region for voice and dat~i inCras[ructurc. St<itTing a ne~ti• o1l:ice ~~ ith senior e~cculiv~s, nwn fill P .4. t. rcspc~nihility li,r ,alts, implelttrnwtion alid selti•icrs: SI}:titF:NS TCN I.Ut!( •1'17l)NAL SER~7C:1:S, 1tJanu~, Gr1 Rlrnrcrgi•r cf:Suk;>' ~iltrc'CI!!r»J 2001- 2002 Senior Staft Assi~nrtient. L,ed the efforts of a ~uup of development and instnlctiunal delivery proCcssi~~nals to dcsigrt and deliver a c{~m}~rchcnsive ha,d anti ;ofl skills sales fi>rcc currictihlm fir the: most extensive pr,xluct cull out in caantpany history. • Compsny.~•idc sale:: t~lrie_ curriculum pn~ject was completed ahead „f'>chrdule and un budget. SIEMENS EN'1'F:KPKISN: N}°I'tiVl)KK~, Atlsnta, CAA 1.999 - 2001 Suue*hc•,~•r R~ b~iu.r afc~ru~,~E•r. Second Icvcl 5alec ntanaser res~~nsihle for i5 Icrhrn~lo~;y sales reps and k,ies enginext:~. Ov<m~ full P&L rcsportsibility fur a G_>\9 revenue stre<tni. Also ovtned u~lution: implementation ~~f entcrpris~ communications infrastructure and busines; applications life tlic Get~rgia. North C:.,rulina, and South C»rolina markets. ~ Mavcd IL"•~'llllt tt11111 Iait i,t f~ lip 1t1~ iWet:tll to ~~,~ltittll l,ni• plrfi?flnanLC in Irss thali tv~•a years. SIG NARnESTE>z PROFESSIONAL EYl'ERIENCE (C~)ntinucd} SIEMENS EN'I'lKPRIJE NElli'UftKS, Orlando, FL 161r jnr (")J,l~~,l~llrni(j~ Dc•t'rJrf?nr~ n! :llcrric7~rr - 1998 -1999 Senior Gaff aSji~nntigt with res~~nsibility for half of the LJnitcd Slates. Role ~tias protrssiorta! dcvclopntcnt of comp;u~y~s first line sales lnattabcntcnt group and lame account closure planning. Additional resl>,~mibility "-a; orbanizationtl change agent far core sales proccs~ rr-drsi~;n and dlivin6 usagdaceeptaricc itf Siebel s~,lrs fore automation t~x~l a,:ross Jtr ~,Ics urgani~~tion. • Pet:cnnally fsrilit~~tcd over 3p portunc i(1U and nk~jor public. ~cu~r opl><>nunilii~ Ihat result~xl in several million dollars in incremental re~'enue to the huitics, Siemens [C'N, Ortandu, FL ~ 988 _ IpgB ,Sctl~rS .~•frr.rn~;,•r Managed 9 team of ten major account ;ales representatives covrring ihc- cend.,l a,td north Florida marks ts. • Avv~,irdcd Msnagcr of the 1'car, r:i.-ten, ~1rca ••• Sicrttc~tis ICN, 199Ci • Earned suha rctiognition "Club" trip 7 out of 1 ~ yes, far sale; objcclivc c>vcr-achievement. • Evrr)r tc:~~m mrmbzr r.~;cef:ded I U<Y.;;, of a..signcd quota l atr.3ighl years; 1 y93-y6. • Rccog,ti~.cd as c,?,tt~k,rty's Naliu-ra1.Sa/c•~•.M1lua'ut,~~er ~fthe Year in I'~9f .IBM, Orl.utdu, FL 1983 -1988 $)'utJ(:J) Pru~~rif»tc ,1 ~iu,~ rRc,•. I'I<5 7-1 ~ S.~ i,cadcrship dcvclop-ncntal ,tafTassignmcnt cr~-+ted and implemented h,~l,ch with nr,rkctin~; pru~,rims. Served a., liai::on With other If3M sales gr~,ups ;~; we[I as c~tcrnal business pa,tne.,-s_ Succcssfi,lly orchesin,ted tltc FY 198x blanch hick~~tl~ ntc~cting as wc11 as drvisrd and rolled out the br<utch's recognition 5trata~y fir t}n,t year. ~luj,~rarruu!!I SuJc'~ Re/?rc.cc?,l~rrh~e, /9.53-/9~S' Rcprcsau~xf 1I3M's tclecumnwnications product, and scrvi~x; to new aid existing cui1orncrs in a defined gco~;raphic area. Assi~:nrncnt Kas f+xwed un Fortune 1 tH) accciunts ac wcl} as Florida $tatc': and Local govcrnntcnt accounU. • Earned top sales "Club" dcci~;nal ion ? ~:n11 ~tf ~ yc~,rs far sates plan over achicvcntrnt. }CEROX C.Oltl°ORATIpN. nrlanJu. t-~L kluj~n•1]c•c'u!lr~l.<<iJes R~prc?.cerrlUli,~,r ~9~x - 1983 Sales -copier, dupli.-.,tur, and document cr•cation pri-durts in a defined gcogr.~phic ~ur.~~. • IrtUned PI'C.ildCnl'y ~_,luft ? i?l,t VI S y'C:lrs, v ~~ell 3; nwncrr!us other awards and al'FnivCmCllt~. SIG HARDESTER PROFESSIONAL E?iPF.RIENCE (Continued) EDUCATION Rallina College, 1h'intrr Nark, F'l~~rida Psyeh~~loby PK4f):SSIONAL EDUCATION/CUMMUNfI'~' INVOLVEMENT Board Member City of D~lriy T3~ach T3~ard of AdjusUnent ('UOa -present) Bi~ttrd Mcmhcr - 1 lamlet Countrv_ t_ luh HC>A Leadership C•~:ntr~t) Fli~riil,t 1 ~)9R I_.cadcr:hip Orlando 19~)i Angel Flibht ul"("_~c~~r~ia- v~,lunterr Siemens Leadership C~cvcloltmcnt In>tihttc'QOI Lcadcrshir Institute C;uest Instcuct~~r ?q01 ~xpericnced Manager Training (If3M, Siemens) Qc-vclohing a l ligh Perfc~rnrm~e Team Seminar IBM New 1~-lsinagcr Institute Balling tip Vl'I~U (Very Imporranc T~~h C)fficc,•) Selling the Value DFi.RAY BFACN . e . - car r -- 7993 2001 CITY OF DELRAY BEACH ~~'' ~~~j~°~~ BOARD M~_E111[BER APPLICATi~ ~ 7 2005 _ __ ~1(~~ ~~: Ulo..~e t...,a .,r r,rin~ rl,P Fnllnmino~ infnrmatinn~ 1. Last Name: ~ ~ ~ i Name ~~ NL L ~ - 2 -Home Address: ~ ~ ~ ~ .~ ~ .r City ) ~" Stag ~ ~' Zip e 3_ Legal Residence: - {/~ ~~ City State Zip Code 4. Principal-Business Address: City State ~ Zip Code . 5. Home Phone: ~ Business Phone: E- ~ Addres - - ~M ~ e~ ~~a Cell Phone: Fax: 6. Are you a registered votes? ! ~ If so, w ere ate p~regis~-te~red? `<~-~ m - ~.~ ~ ~. 7_ What Boazd(s) are ou interested in serving? P ease - in order of pref ce: ~ ~~ ~~ P~ ~~ ~ asp - ~ ~ - c ~ 8. list all City Boards on which you are currently serving or have. previously served: (Please include dates) ~ SS - ~ 8 - 9. F.ducadonal qualifications: ~' j ~- - t0_ List anp.telated professional cextifieations and licenses which you hold: ~-~ ~~ ' ~ ~ ~ ~A• I~ ~ V ~ ~~ ~l~ ~ ( ~~ . 11. dive gou~.ptesent; or most recent employer, and position: - - ' 12 Desaibe eapeiiences, skills or knowledge-which ualify you to serve on this hoard: 1 e a ch a brie . esume) I hereby cer ' e a .statements are true, and I agree and understaad that ang misstatement of material facts coatain to this app& n ~ cause forfeiture upon mg part of any appointment I map recetve_ _ - - ~1 ~O . SIGMA - - - DATE -Note: This application will remain on IIe in thet City Clerl~s Office for a period of 2 yeas from the date it was submitted_ It will-be the applicant's responsibt7ity to easure- that a:a~rent application is on file_ - . - s~arr JAMES HOUCK -RESUME OBJECTIVE & PROFESSIONALHISTORY p age I of 3 OBJECTIVE To secure a PROPERTY MANAGEMENT position where interrelated. experience in Architecture (5 years -Building Design and Site Planning), Operating and Capital Reserve Budgeting (18 years), Computer Software (20 years -Microsoft Word, Excel, Access and othersj, Construction {3 years), Corporate Business (i0 years -Management, Sales, Marketing and Training), property Management (18 years -Portfolio & On-Site Experience) and Real Estate Licensed (21 years -Commercial & Residential Leasing, Sales, Marketing) will be of value to your company. PROFESSIONAL HISTORY 1992 .- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida) Property Manager -- "On-Site" managed a 460 unit condominium development with nine (9) five (5) story buildings and two swimming pools and a clubhouse. -- Managed a portfolio of up to 16 high end community associations, collectively consisting of 649 individual homes and 345 two (2) and three (3) story condominiums totaling 994~unts. - Responsible for preparing, implementing and overseeing the annual budget expenses of over. $4,000,000 collectively. -- Professionally managed-the contracts of accountants, architects, attorneys, carpenters, electricians,. elevators, engineers, general contractors,: horticulturists, insurance companies, irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other contractors, vendors and agencies. -- Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 4 asphalt roadway overlay- & 9 sealcoate projects, 8 painting and 5 sloped roof replacement projects. -- Setup "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need. to personally have to the calculations. -- Work with various city and countyagencies on building and landscape projects. 1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida) Property Manager -- Consistently directed the operations of up to 15 properties, collectively consisting of more than 1,000 two-story and mid-rise condo units and individual homes. Responsible for preparing, implementing and overseeing the annual budget expenses of over $3,500,000 collectively. - -- Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 2 asphalt roadway overlay & 8 seaicoate projects, 5 painting projects, 3 slopped and 2 flat roof replacement projects. .JAMES HOUCK 1987 - 1989 CONDOR PLACE JOINT VENTURE. (Boca Raton, Florida) Resume -Page 2 of 3 On Site -Property Manager & Leasing Director -- Directed all _on-site property, rnanagemen#, sales. and leasing efforts fora 40 bay 95,004 square foot Offce/Wazehouse building. -- Responsible for negotiating all contracts and leases. - Liaison between general- contractors and maintenance companies. -- Created and implemented annual budgets and prepared monthly financial analysis. 1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE {Los Angeles, California) Real Estate Agent -- Working with developers, .property owners and tenants negotiated more. than $4,000,U00 in retail and office leases and land and building sales. -- Created and utilized computer generated databases to work with buyers and tenants and also investment programs to analyze building and land sale opportunities. 1984 - 1985 .FRED SANDS REALTORS (Los Angeles, .California) _Real Estate Agent - Commercial Division -- Negotiated more than $900,000 in retail and office leases and. land sales. Achieved. goals by extensive cold calling on owners, tenants and other brokers. 1974 -1984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois) A high end residential, laboratory and institu#ionat cabinet manufacturing company. Western Regional Sales Manager/Mu1N-Housing Division (Based -Los Angeles, CA.) -- Successfully directed the development of a new region of dealerships, independent agents and corporate accounts throughout 7 key western states. Eastern Regional Sales ManagerlMulti-Housing Division (Based - Ft. Lauderdale, FL.) -- Effectively managed 17 independent dealerships throughout 8 key eastern states. National Operations Manager/Institutionai Division -- Supernsed all corporate accounts and dealer services. Corporate Sales Engineer/Draftsman/Estimator JAMES HOUCK (Licenses, Designations, Memberships, Boazd Member, Education) Page 3 of 3 PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSHIPS 2005-Present Commercial Property Management (CPM) Candidate (IREM ID #0159693) (Chapter #76) 2005-Present Florida Notary Public Commission (#D411955) 1989-Present Florida Community Association Manager License (#5414} 1987-Present Florida Real Estate Broker License (#500323) 1984-1987 California Real Estate Broker License (Not-Active) 1984-1987 Affiliate member of the "International Council of Shopping Centers" (ICSC). CITY GOVERNMENT.-BOARD MEMBER 2004-Present City of Delray Beach, FL -Vice Chairman -Board of Construction Appeals EDUCATION 1987 2005 FLORIDA -Real Estate & Community Association Management Continuing Education Classes 1984-1986 UNIVERSITY O~ CALIFORNIA -Los Angeles; California -- 9 Commercial Real Estate Classes (Property Management, Mazketing, Finance and Appraisal) 1976-1977 UNIVERSITY OF WISCONSIN -Madison, Wisconsin -- 8 Business Management Classes 1971-1974 iNIVERSITY OFARIZONA -Tucson, Arizona -- Bachelor ofArchitecture Degree 1969-1971 SOUTHERN ILLINOIS INIVERSITY - Cazbondale, Illinois -- Associate of Architecture Degree JAMES HOUCK 3763 S. Lancewood Place Delray Beach, Florida 33445 561-865-2636 jdhouck5 l @bellsouth.net STRENGTHS & SIE~LLS Page 1 of 2 As a highly organized and self motivated professional with interrelated experience the following aze a few strengths and skills I can offer: PROPERTY MANAGEMENT -- Create an extensive "Management Plan" to re#lect the goals of the.property and their owner's. -- Able to fulfill the manager's obligations under the property's management agreement. -- Able to manage a broad portfolio of properties and maximize their property values. -- Ability to quickly learn the roles and functions of all positions within a new property. -- Test economic alternatives to increase value and make recommendations. -- .Understand financial statements and accounting principals. -- Knowledge of available insurance coverage to protect owner's assets. -= Proficient in creating operating and capital reserve budgets and effectively manage their expenses. -- Understand and work with lease/sale analysis and investment software. -- Prepare an "Operations Report" if required. -- Examine problems and create viable solutions. -- Develop short and long term market analysis and economic plans. -- Orient new residents/tenants and promote positive relations. -- Enforce collectop and foreclosure procedures. -- Constantly analyze properties physical -and fiscal concerns. -= Understand legal issues as they relate #o tenants and owners. -- Oversee operations, lease administration and construction management. -- Manage budget costs to maximize pzof tability. -- Monitor the construction of tenant improvement build-outs as required under lease term. -- Understand and meet goals of a property. -- Understand staffing and employee relations to create a top notch team. -- Maintain expense controls and increase Net Operating Income. -- Able to properly oversee the.selection of contractors and other vendors. -- Strong ability to administer contracts and create tenant relationships. -- Proven record of excellent internal and external customer service. -- Provide direction and leadership to various in-house and out-sourced personnel. -- Inspect and evaluate aU building equipment, systems and grounds to insure that.the appearance and operations of the property meet established standazds. -- Develop emergency procedures and preventative maintenance programs. -- Develop operating and capital budgets and track variances monthly.. -- Manage approved capital expenditures. -- Negotiate and approve leases and contractual obligations related to the continuing operation of the property. James Houck FACILITY MANAGEMENT Page 2 of 2 -Strengths & Skills -- Able to help or take on role of Facilities Manager, when needed. -- Negotiate and manage conformity with vendor contracts. -- Understand and manage capital improvement projects. . -- Understand and work with architectural drawings. -- Conduct and prepare extensive property and building inspection reports. -- Knowledgeable about the construction and other components of a building. -- Manage risk factors effectively. -- Monitor owner improvements. -- Properly select and work with service providers. -- Identify and work out construction defect issues. -- Properly communicate with and motivate employees and outside contractors. -- Hire and effectively supervise employees and outside contractors. -- Oversee landscape and irrigation services and implement new projects. -- Able to effectively coordinate and/or oversee the security services; parking garage and valet services; tree trimming and removals; janitorial services; building engineer personnel; cooling systems; roof repairs and replacement;.elevator repairs;. asphalt repair and overlay projects; painting projects; concrete restoration. projects; fire sprinkler. systems and most.. other services and/or systems as needed. -- Properly plan and implement all the various types of maintenance projects, renovations to common areas and other scheduled long and short term maintenance and construction projects. -- Able to work closely with- tenants on their build-out improvements. -- Familiar with most architectural building. systems. GENERAL Understand the dynamics of a lease and leasing to a tenant. -- Long term knowledge warking with computer programs (Word, Excel, Access & others}. { -- Strong organizational, management, administrative, communication and leadership skills. -- Mature, responsible and businesslike in demeanor. -- Positive proactive work ethic.. -= Flexible and able to multitask effectively. -- Professional in approach and appearance. -- Work effectively in a cohesive team environment. -- Willing to put in the hours it takes when needed. - Willing to travel when needed. DEIRAY BFACH ~~~ ooi CITY OF D£LRAY BEACH oLC- ~ c~~~~ ~i~'J~r/l1C ~.S BOARD MEMBER APPLICATION ~~~ Please tune nr mint the fnllnwino infnrmatinn- ~~~ _ ~c, ~~~~ ,~ 1. Last Name: ~L~I _ / Name ~_ / 1~L I 2. Home Address:/ ,/`.'/ ~ G~ ~ ~0~~ ~~j City ~ ~L~ ~f~~ S ~i Cod ~:3 ~~° 3. Legal Residence• City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: /~3~3~/~ Business Phone: fi-Mail Address: rnyoy~i%h ~- ~a.~/ CeII Phone: ,~, Fax: ~/ ~3~G ~ 6. Are you a registered voter? ~ If so, where a you regi tered? ~~~ ~f.Qrilf ~~~i4 ~~~~~~ 7. What Board(s) are ~~y9~ interested in servin ~ Plea~e..~",s rder of pre erence• /vt/ ~Lt3o/ff~oo.~ ht-r>~~v ~~~~.,~~ ~~i~//~ ~- .~o ~i.~ 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) f~d.~ 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: li. Give your t, or most recent employer, and positions%~e ` ~ O~CS' ~DK~~ ~j4~~/lit 300 LJEC1C !~ ~~ ~ ~~~oo ~~~P~ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: Iease attach a brief resume) Q I here certify that all the above statements are true, and I agree and understand that any misstatement of material facts c 's application may cause forfeiture upon my part of any appointment I may receive. 3~~-~i,~ SI ATURE DATE rvoce: t tus appucauon wiu remain on tue m the City C Jerk's U#lice for a period of 2 years from the date it was submitted_ It will be the applicant's responsibility to ensure that a current application is on file. s~crnrcrenx~eoexrneeeucarax ~` 3~ ~~f ~9©~y I moved to Delray Beach in 2000 not sure if this was the community my husband and I wanted to commit to after living in the Northeast for most of our lives. While the transition was not easy since family still resides up North, we found ourselves welcomed into. a city that is a microcosm of what we think America should be - a blend of peoples of all ages, races, and economic groups. A city that has pulled itself out of doldrums and is a relatively safe and embracing community complemented by the fact that it is sitting in a beautiful environment. We found that we became more active, looking forward to enjoying the beach and parks and attending the. many events held in the city. We take pride in the fact that we call Delray Beach home. I am sure many of you have seen changes in this city in the past yeazs, but the challenges the future holds can be daunting especially in protecting the assets that make Delray Beach anAll-America city. Just drive down Atlantic Avenue and not only can you see the changes in the city but you can feel the changes. While I have no experience sitting on advisory boards to a city, I feel compelled to offer what I can, to assisting the city that we riow call home in some way. I am a well educated woman and spend- most of my professional life advisinghealthcare organizations how to better their businesses, so I am confident that some of those skills and experiences can assist. the challenges- facing the residents of the city and those elected to manage Delray. I am attaching a professional resume to assist in your review of my application. Thank you for your consideration. Lynn Klein ~E~EIVED i.YNN J. KLEIN ~QR ~ ~ ZDO~ myoPtimaC~aol.com 114 E. Lee Road ~~- ~ ~~ ~ ~ Home: (561) 638-3517 Delray Beach, FL 33445 Fax: (561 } 638-6223 CAREER SUMMARY A healthcare, business management consultant with- extensive experience in the public and private sector. Areas of expertise include: - Mergers and Acquisitions - Corporate Finance - Forensic Accounting - Business Integration - Due Diligence - Financial Analysis and Modeling - Process Improvement Business Development - Cash Management Ability to improve efficiency thraugh systems enhancement and re-design as welt as through selection, installation and maintenance of operational and financial computer systems. Ability to manage multi- functional projects. Self-motivator with exceptional interpersonal and communication skills. SELECTED ACGOMRLISHMENTS Financial and Operational Business Consulting • Created and implemented a comprehensive restructuring of all purchasing and accounts payable functions and systems fora $250M healthcare client to achieve pro}ected savings in excess of $1M in first year, reduce processing backlogs from 90 days to 3-5 days, reduce payment backlog from. 120 days to 30-45 days, and provide on-line reporting to branch locations. • Created financial models in EXCEL for cash basis $16M service client to convert cash financial statements to GAAP financial statements for timely reporting to publicly held parent company. • Created a customer usage model that analyzed 10 years of data fora $20M service client. • Provided all operational and financial business integration for 12 practice acquisitions fora $50M healthcare client including systems conversions. • Assisted clients in the. identification.of and evaluation of potential acquisition candidates including preparation of financialand operational due diligence. • Assisted two healthcare clients inauecessful IPO°s (in excess of $100M) by providing financial consulting including audit management, pro forma compilations and prospectus disclosure. • Created financial projection models fora $250M healthcare client contemplating an IPQ. • Prepared business plans and assisted clients in accessing investment funds.. Industries include .pharmaceutical, retail, healthcare and e-commerce (internet web-based business). • Installed a customer service caU center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers. • Wrote policies and procedures manuals and practice orientation manuals that covered all company functions fora $50M~healthcare client. + Created a medical reagrd audit program that used a team of clinical and fir;ancialprofessionals xo review a hospitals billing and medical record compliance to Medicare regulations. • Wrote business plan and assisted in securing the initial $2.OM investment for an e-.commerce business. Provided operational and financial consulting while acting as CFO during the product development phase. Tactical Finance and Accounting • Prepared financial statements and financial packages for Board of Directors and Senior Management in a $100M healthcare company. Coordinated all financial information to prepare for annual audits. • Performed alt controllership functions including monitoring of accounts payable and payroll processing and approved all cash disbursements and bonus calculations. Reconciled accounts receivable and monitored reserve provisions. Coordinated and reconciled physical inventories._ Oversaw operations of accounts payable, accounts receivable, purchasing, payroll aril generat accounting areas. Lynn J. Klein Page 2 Instituted standardized controls in accounting throughout a $50M region by writing and implementing policies and procedures to comply with the provisions of the Corporate Audit Committee. Standardized accounting forms and coding to facilitate month-end closings and developed account analysis books to provide-details of monthly balance sheet activity. Consolidated two $25M regions within 90 days without interruption to financial reporting, cash disbursement and payroll. Consolidated multistate-banking arrangements into several major geographic bank hubs increasing cash investments in REPOS, reducing bank fees and establishing strong bank relationships increasing service to field operations. Monitored multi-branch operating expenses and recommended reduction. and cost savings measures to senior management. to obtain acceptable branch profit margins_ Monitored aged A/R and- DSO changes and provided senior management with monthly reports to assess early warnings of potential bad debt exposure. Management Information Systems • Seceded hardware, customized software by designing input screens and reports, and implemented an audit trail to convert an outsourced accounting process to and in-house system which resulted in a departmental savings and more timely and accurately reporting. • Utilized database management and mining programs to identify and monitor key business drivers and created daily real-time reporting to operators, which assisted in day-today decision-making. • Upgraded the accounting. system to resolve an accounts payable backlog that reduced aging of open invoices from 75 to 30 days. •. Converted regional office from asingle-user system to a Novell network to facilitate accounting processes, provided more timely information to field management and accommodate business growth. Implemented an integrated payroll system utilizing ADP products to create labor~analysis reports for field operators, which provided employees with real time compensation and benefit information. • Selected to chair the finance- team of.the MIS Strategic Planning Committee of a_:publicly traded healthcare company. Established definitions and requirements for a multi-million dollar systems conversion. PROFESSIONAL NISTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL. 1994 -Present NOVACARE ORTHOTICS St PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994 Controller Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company =with 55 pranch locations.. Supervised a staff of eleven. GOLODETZ TRADING CORP., New York, NY 1986 --1.989 Financial Reporting. Manager Responsible for all financial reporting and cash management fora $300M privately held international commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen. EARLY IXPERlENCE "Big 8"audit division and private accounting experience in real estate and brokerage/commodities. EDUCATION AND PROFESSIONAL ORGANIZATIONS Penn State University -MBA (1999) -Finance St. John's University B.S. Accounting (1980) HFMA Member -.Healthcare Financial Management Association, Florida Chapter Volunteer -Membership Committee, Professional Development Committee - - - - 08;/Q3%OS $ED 14: J3 FAY 5812-. X774 CITY CLERH ~~~ / ~ 002 CITY OF DELRAY BEACH 'l` _ = T- I,J ~ BOARD MEMBER APPLICATIOTI ABC, - ~ 2005 . 9g3 .~: { ~,. RK ' ~ zbo~ C"1 1?lcasc' :. ~ o[., ant the Eollo ~ info~satio~n: ~ . _ M 1: 1~s<N~mc: ~ .~ ~L ~ blame ~ ~ ~~j~ ~ . ~- .~. . ~. Hame 1i css. ~ . [ ~ , - ' ~ St,..- . ZiP Code ~... ,R ~ CAty. smcc Zip Codc ':. 3: Ls tstdcx-c -~ ~. ~} ~: _: ~~...~~t a .>s~n~stiadr~s. C~, stz~ ~ zipcoa~ _ ~: ) ~~ ~ ~ ~5": E~oznc p6gne: ~ Bnsin~.~s Phone TrNL-~i! ~dr,~. ess /' Cell Phone Fax ~~, ' ,G, ~e pQU a ,~¢~scered ~,roeer? L y ~ If so, ovltete are you zegs[crcd ~ . ~ ~~C / . . . J.~ ~ - ~-> ~ ' ~~. ire ~ccscs'Lcd [n secv[ng? Please bs,[ u- -tides pc¢fesmcc _ r ~~ ~ ` , . ~' ~;~ItF~ ~ :~r~. ~ ~ ~~Z'L ~' %~ ~i~ ~ ~:; ~i2 /tom ~ ~- +:.. , t 8. Luc a1C. C"f,4~ ~aarzls aq'wUich you sec cvrrcu[ly sez'ans of have pccviousIy acrvcd: (['lease ineli.~dc, dates] :f: - .~. )~ii~.ipCitlat,~1~?F~il~~.tlacis' I ~' 1 C [' 'lt .~ •f. t0:' T'.isr-a.ay tetatr.2T ptoEessxn~l crstifirations d licenses virhtch you tiolti ~~ ` .~~~ :~ 1"1. Ciivc yq~scctc,pr~sseuq ~~ st rcce , em yec, d Post . on:- . -~ _ . - - - . '~ " f ~-?-L- Tip /~_ . i~, )bt;[t¢ ~ • t<n¢es, skills o` - o hith yon tq+scsve tlois L `aaach ~ brief csume) . .~ _ I lisECby.,~ bfJd that all line above scaersinents arc tfut, and I a~reG and understand tba[ any missticmicnt of [natcsial faces ~~/ %: coata[n ~: ln:tlus '"~ - tiq© [nap u;e For ~tuce upon my put of an,F'pP°ia _ l.inay ~ccrr°e' Noce: 'i7us 1Pplication WU csnan, on file in tfie~ Cig CierYs ~Eiica Eora..pctiod of 2 years Ecom the dace it wzs - • submitted: Tt ~ovill~be tlxe applicwC's Lcsponability [o ensure that a cur=cac applicatwn is o~~~~~ -__~ _ T ' r~ r-~ RESUME FOR PEARL "BUNNY" MARKFIELD ELROD DIRECTOR OF RESEARCH. DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REALTOR:COLDWELL BANKER REAL ESTATE (22 YEARS) PRESIDENT MERRITT PARK HOME OWNER'S ASSOC 6 YRS BOARD MEMBER. PROGRESSIVE. RESIDENTS. OF DELRAY AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SW/NW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A. MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HAVE LIVED IN DELRAY BEACH 8 YEARS AND HAVE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE= AND-I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. • ~vb v ~ VJ V J J Vr/ DELRAY IS DEVELOPING AS A WIDESPREAD EXAMPLE OF HEALTHY URBAN GROWTH AND I AM HAPPY `I'O BE HERE TO ENJOY IT! P-3 DELRAY BEACH f l O • f O A ~~ 1993 2001 F ~f .CITY OF DELRAY BEACH F~~ 0 $ 2005 BOARD MEMBER APPLICATION _ _ _ ~- ~~ ~~ ~ Please type or print the following information: 1. e: -- - Name / • ~ : ~ /~v/ M L 2. Home Address: Strte Zi Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address:. Cell Phone: Fax: 6. .Are you a registe .ed voter? If so, where are you re ' to ed? ~~~ ~~~~ 7. What Boards a you int ested in erving? Please list in order of preference: ~. `~' .r List all City oar on whic ou are currently s ' ~ g or h e previously s d: (Please includ dates 9. Educational qualificatio r 10.. G - 11. Give your present, or most recent employer, and position: 12: Describe experiences, skills or knowledge which qualify you td serve on this board: (Pleaseattach a brief resume) i -. I hereby certify that all the above statements aze true, and I agree and understand that any misstatement~of material facts con ed itx. this a Iication ma cause forfeiture upon my part of any appointment I y receive. _ - - - _,. .,JNATURE U~ D TE - 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. o~s» ~ l~ ~ skznrcu:~eo~xnuret~not~t ~~ AigC~ty - 1 CITY OF DELRAY BEACH R~~~#V~D ® BOARD MEMBER APPLICATIQ~ ~ 7 2007 1993 zoo, CITY CLE~tK Please type or print the following information: ~~~ 7G ~ / 1. "Last Name: /L1o(25~ Name /~/-~ cp~F M I. ~l 2. Home Address: ~- ov ~~ ~ Pcn-~ ~~ ~ ~ City cLtza ,QL-ref/` State f'L ~i Code :3 3~~::s 3. Legal Residence: - ~ City State Zip Code ~ ~ ~ 4. Principal Business Address: City State Zip Code S~~(i ~ ~fI2 S. 1r3on~e Phone: Business Phone: E=Mail Address: Celli lidrre: Fax: 6. Date of Birth 7. Are you a registered voter? If so, where are you registered.> 8. What Board(s) are you interested in serving? Please list in order of preference: . ~~ N/N~~ ~ a FL /4N 9. List all City Boards, on which you are currently serving or have previouslyserved: (Please include dates} - N~ N f.- 10. Educational qualifications: ~ t'sr D`3 c~rUK P~ G~vI~-S~ - t,,,'~-{L Cu2(~r;3f'~~J~~T STr~c.~=7 S~~,~r 11. List any related professional certifications and licenses which you hold: 12. Give your presen t, or most recent employer, and po s i tion: n rY t G •/~ r = ~ ~ V~ I Z ~~(`'~" 1-l RICA ~rQ~- I'1 ~.. ~G-r?~~~~yZ~ ~~ tt/~ LU ~I~(.; ~~/L+~ C"~(r '7^' ~tlt<J~ ~ L I Fs'S L''~Gl~/Sl v c= L` ur~N d-t~ c i~ '!!-~iG= ~,/~/rrCt= ~'f2a~r/Z/r}~t~ 13. Describe experiences, skills or knowledge which qualifyyou to serve on this' board: (Pleasea ttach a brief resume) / C.L2pl,t~'Tt ._ /(lo ~-/L ~ 6 - ~~2 E'-Z 7'a2.f ~/~(/G~ ~ f ~L_ Z IZ/~'t' s ~~~oN I~~7 it-e~~T /G ~rZ/Z~ f~L,~- fy`ae.6'L I herebycertifythat 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. 3/~ 6 /c 7 ~~ ~~~~~ c SIGMA DATE 1VVlC: irrrs appncatron wui remain on rue in the city clerl~s Uttice for a period of 2 years from the date it was submitted. It will be the applicant's responsibilityto ensure that a current application is on file. " ~ELRAY BfACF1-- - . " - - .~.~ I " - _ - . --- ."-...:CITY::OF:~-DE~LRAY:BE~ICH~~": ~.. _ .~~~~~"'--_---=:~:.:- .:.. .- _ - -. .... BOARD.IIAEM$~E~-•AP~PL1"GATLON~ ~ "'~• •~p0~~- ~~_= • - .2001 ..--• _. . _~ - .. - - •-'- . ~~~.."-.. _: Fl~sr ' •or nut-tbe folio tnfounanon_ .. - - - _ _ . ~ r .! _ I.ayt Ndt-1C • Peitzie ~ - Name ~ - .. Kenneth- - - - _- •- ~2.• HomeAddtess:" - - -• -- ty 'Srnt~~. Code:.. . -2260 Rabbit-Hotlowe Circle ~~ Delray Beach ~ _ •- . •: • .• --. - -3: • Legal-Resideancc_ City - _' State ..~ Code.. - 4_ Punupal.Businwa Addrear. icy _ - _- - -• - State. Zip-Codt:- . -5 ^-~•f3omc I'I.orie: Bvsine .s Fhoue: fi_~.i] Addiess: C_'cTt-Vi/,nn~• ~~I FaF: . J t ~6 - - _ =569841 ` _ - ' •- -kpettzle@yahoo.carn • 56198-476a • _ - - _ - ::4 .. • - - - . • . If sa, where axe yon nzgjstesed? . 6. lire you-g rc~is v ter? - ! ~ • • 1(e5 • belray~~each; Florida - - '7; WFraYBoard(s) ate you interested in reeving? Please lire in otdcr=of preference - •-~ - - Downtown -Development Authority ~ - P) o ,r .• :.•- g:. o~ d .-Z'o r~ -•9 ~ da• ~ c'd •~•.~•~ • S: _ List'iU CityBoards on ivhichyou: are c~trrntly sec9ing.ox'have previously saved. (kleascmcli~dc dales) _ -• : _ • :.: = -Planning and Zoning .Board 8%15/OO.to-current - - • - - • -- ~ • • 9. Educational quali$cations: Masters in•Public Heatth/Administtative.Medicine ~ - • • •10. Lisc.any xtlated professional'cettifcstions and licctises which you.holcl - lY: Girrcpourprebcat;ormo3Lrccenicrnplopezy.andposirios: - _ .. vice President,lNhitsyms Nursing •Ctd - - - - 12 Desen'bc experien<es,skills yr knowledge~vhich-qualifyyon'tu serve on this board: (l'lnstrattacb aboefresumc) '•. -Fo• • Year ex ~erierice in-Hea h-Care. m" :t~aand•~_omwimi -Planning .. -•-- S9tved aS an Offi - ran B ~ bPr Qf a'nLm6er ef-r~nmmrtnitv•nrrYa~i~tippg ---~-' • - _ I ]zereby .asriry iLue •rll tLe abn+e sraeemenu arc tcue. snd I agcce aad vndrsctaud rhnt any miacnetcmant •_,f rria+eu•+1 facra . contained in this application~3y cause forfeiase upon my put ofany appoinunrat•I mapn-ceivc .. _ - ~ :~"^ f ~ --~ ~:ps^ . -/K~~• y! ~~ •• ~ I ' : • SIGN 1tE . - DAy"E • ... . - . .:~ _:~ - -'~• ::-. '=i -1 • • .. •-I . • Note. This application will rtmain ou:~eizt the-City Clerk s O£tYCe.for a petivd of 2 y'exrs.frovi the dafeii Qias •' • . • •- •. ~ _ • • submitttd_ Itanil be dte applicant's iespopsib~ity ro-ansuze that a cutYenr application is r>n.file. • .: : - • •• •' •_ _ mrna~n~;vruc:4ww-.- - Sunday, May 16, 2004.max - KENNETH GERALD PEI.TZIE 2260 RABBIT HOLLOWS CIRCLE DELRAY BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL EXPERIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Gonsulting. Firm} Federal Government Health Care Program Analyst SPECIFlG PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent :Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy,. Bethesda Health Care System Boynton Beach, Florida :1990- to Present Adjunct Assistant .Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1:982-1986- President, ~ . .Affiliated Hospitals of tnd.iana (a network of i8 hospitals in central Indiana) Executive Vice President, Community Hospital of Indianapolis 1980-1982. Senor Vice President, Robert Douglass Associates . (a national health care consulting firm). '1972-1980 Vice -President, . Chi Systems, Inc (a national health care consulting firm) 1966-1972 Associate Administrator, Assistant Administrator , Sinai Hospital of Detroit (a 620 bed university affiliated teaching hospital) . -1961-1966 Budget Examiner , Bureau of the Budget (now.the Office of Management and Budget) Executive Office of the Pre id t ~ W s en , ashington, D.C. 1958-1961 Administrative Officer,United States Air Force Hospital, Dyers Air Force Base, Abilene, Texas. 1957-1958 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC EXPERIENCE B.A. College of Liberal Arts (Biology and Psychology), Washington University. St. Louis, Missouri, f955 Graduate Studies (Industrial Psychology), Psychology, Graduate School of Arts and Sciences, Washington University, 1956 M.S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PRCIFESSIONAL MEMEERSNIPS 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 C©unty Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board, Member and Vice Chairman - HOPE Project (A not for pFOft organization providing free mammograms), Board member and Treasurer. Deaf Service Center .(A not for profrt hearing loss support organization), Member of the Board U-sited Way of Palm Beach County, Member-of the Finance Corrimittee. Leadership Palm Beach Rotary Club of Delray Beach, Member and- Past Treasurer Rug 04 05 12:13p Mel 1'oliacK mot-c,~-toto P_t~ uvioawa -t'nu tt_ut rnn ~otzv~•,ry ~-iix ~i.cxn .r,...,_. DgfUIY 6fAC7~ ~ ~ ~ v~ ~~,~e~ ,~ ~ CITY OF L7ELRAY BEACH ~~C~l~~ ' ' BOARD M~MB~R APPLICAT[ON 7993 w 001 AUG - ~ 2005 CITY ~L~1~K Ll~~a- a ...a ~ .~__ ' _ - - ~_ Last Namc: _ Natnc M L 2 Homc Address- C Q ~ . `J r. ~ ' -~ ity ` ~2 `l' ~R~ Sr~cc - ~ f- Zi Cock 3 3_ Jlgal l~aidenec ~ - Gty Sete Zip Code w~ ~-~ Addccss_ ..4. Pnaapal Bosiuess City - Scacc Zip Codc p ~~ ~ ~ S' ' ~ - lL w~ . F C " - 5_ Homc Phoac Buancsi ~honc E-tvLlii 1Lddress Cell l~hou~ I:a~ G. Arc you s L•e~ste,ced votr~t? \/~ -~, If so, Whece nre ccgis( ctli'- C~ . ti 7_ What $oatcl(s).uc you intct~-stcd w zeroing? Plcx.:c list in otda of prcEcrcacc $_ t G Boards on ~ixic6 arc cuctcn _ acsoing or have prc9ioui~acrnd: (Plasc ind do datt'7) "" i ~ ~ e.c~. ~ F - 9, EducatiotLal qualifications= _ ! ~~ C.O Y~ 4 .:.,.. i t~1' ` ~ ~L4+,.4 Y'Dti• ~' {a,J .. ~ c-'o. Y ro ~~.1 ~ ~ r... =litcany tclatod pcoEcasionzl •fication6 znd.lcerscs wbichyau laoid: e r 11. Cyfvc youc present, or mole cearnc enopiayct. =nd position; _ Dcsaofic acpcaencts_ skills or knoariodgt'a+4+' ~lfy you co sc_ zvt oii htrud: (Pleas atuc6 a bcicE ccsa~) ~t o ~. rt { y • tpJ' ~,~.,~..F? Q- : ~ ~~~.e~ - ~ ~a) tc .. aY ~a:.c-t ~(e r. ti [1~~~°~ - I hcccbY ccctiFj+ cl,ac all dac xlwvc suc~cmrna arc tcuc, and I a~rcc ,wd undcrecand th,.c s,ny inissaTtzacac of mac~.t G~cv ooaa.irs~d _ ap tiaaoo sa auae Eotfucule upon my pact of any appoiaatnmc I mzy recctvc SIG ZiJRE DAZE _ . ,.ors ~~~~ Note I'6is applio-tioa will remain oa b!c in rheCity ClcsYs Office foe z pci~d of 2 yeas fzvno- the dice i=~v-as " , aubtnttcad.. Ic m71•bc the applicants uspoav clity to casnrc th9.C s cvucnt; applicnlinn is oa file _ ~,m~.o...nwr,rur~.aoN - DFLRAY BEACH 1 % 79.93 zoos Please type or print the 1. Lzsc Name NTp S 2. HomeAddrrer y(e lv Qf~-tv~ 3_ legal Residence= R~G~.iV ~~ CI'T`Y OF DELRAY BEACH -~ 2007 BOARD MEMBER APPLICATIONFEB D K CITY ~~~~ ~i~/9 Nunn _ M j, 1(~ 1F- C'~` State Zip Code DE~2A~f ~,r'~ F~ a3Y~ s City Snrr~ Zip Code inforrnatiott W 4. Prinapat Business Address: Gry ~~~ Stage Zip.Codr: 5_ Home Phone: Business Rhone: E-Mail Address: Celt Phone: ~j-!p ( Far: ~`Z[ l `~~ ~ ~ ? ' St}St{ ~i Q • SQrtfaSC~ Cd Wis. cow Sl lv c5~ ? 6. Dare of BirTh 7. Are you z registered voTer? f so, where are you registered? 8. g'S~~ eS ~qlm Wh~cBoud(s) are you iaterestod in setping? Flc~se list in order of preEcrence: ~~ ~ D ed ~i o P(~ ~n;~ ,r Z9n~n , ~~~ hbot-heod l s, ~-P PIQ~ ~-2ed~ ew '' List all City Boar on which you arc current! Y ~+ving or have previously served (Ple~.ve includt darts) N~~ 10. Educarionat quayifu~rions; ou ,v+e ro ~ 11. List arty rotated pre ions and ticrnses whid2 you hold - ~ r' ~s ~1 ~` t¢, LFC Ned r>~ ~- Yar; gbl~r r9n~~c,-~rP .~ 12. Give your present, or most reccat eonptoyer, dad posirion. ~} -C-l - ~u~Qr~s ~- ~hS [ ~nC ~+'n2rtCrgl ~ISuI fant 13, Describe czren~ccs, skills or knov~ledpz ~+hich q~~, yon m serve on ~ board: (Pltasc detach a brief resume) ~~t.m~ t;tf~ 1 hafcby certi fy t6ar ad] the abovz sr$temcnts ztc true,. wd I ao [ee and understand chse an}+ mitstacemenc of marerial Ears contained in this application may cruse Forfrituce u n ci Po Y P~ of any appointrncnc IIlmay receive. fitGNATURE - a / _D ~ ~ u (XX n -~Pa =- -: this applicatioa drill rcrr~irc on 81e in the City Ctcrk's Office for s period of 2 years From the dace it was submiacd. Ic witt be the ~pp2icsnr's responsilsility co ensure that a curzznc 1ppficarion is on Etc. February 7, 2007 Dear City Commissioner(s), It is my pleasure to seek membership into one of the following advisory boards: Education, Panning & Zoning, Neighborhood and Site Plan & Review.. As a resident of Delray Beach for the past three years, I have decided to commit myself to the betterment of this great city in which l live. As a Bexley Park resident, I know first hand the power of a city working together for its residents and hope to take part in future accomplishments. 1 have always been involved in communities where l live because I feel that it is crucial to take an active role and believe in the improvement of such places. I know that I will be an integral part of any of the advisory boards for urhich I may be selected. Some of m past experiences of leadership include serving as President of the Student Advisory Board at Gulf Coast Community College in Panama City, Florida. In this position, i oversaw a group of 25 students in developing, coordinating & implementuig activities for the college. Together, we fostered an environment for students to take active participation within our college. Not only did we promote student development and involvement, we served our community through volunteering. I am a participant in Leadership Delray and volunteer to assist the Education Foundation Committee_in planning the Annual Education Foundation Auction. This is just an introduction to playing an active role in rriy community. I wish to further this by sewing as a member of an advisory board. It takes initiators, such as me, to help organizations succeed which I plan to do for the City of Delray. 1 have served on various boards throughout my educational years and comprehend the importance of dedication required of members. I now plan to include this aspect into my .personal & professional life and ask that you consider me for a member of the Advisory Boards.. Cordially, ~~ Rix Santos Ria Santos 463b Danson Way DP1ray Beach, FL 33445 Tel: 5b1.516.0788 Email: riasantosQagedwards.com WORK EXPEItrENCE A.G. Edwards & Song,'Inc Boynton Beach, FI. Registered Financial Associate Financial Consultant Novernber'03 -Present ~- Assist individuals in developing retirement/investment strategies ~- Work with businesses iri implementing Retirement Plans ^- Assess clients' investment needs and goals ~- Conduct educational workshops ~- Service clients' specific issues relating to their portfolio Aeon Corporation August'02 - September'03 Nagano, Japan Foreign English I'encher ~- .Teach conversational English to students, business professionals and housewives ~- Prepared/developed lessons unique to various levels ~- Worked with Japanese Teachers to develop curriculum ~- Helped students progress with the English language ACHIEVEMENTS ~ ORGANIZATIONS '9 Cum Laude {b Student Leader of the Year E9 President -Student Activities Board ~ Senior Class President ~ Phi Theta Kappa ~ Volunteer UCF ~ Rotary International, Delray Sunrise ~ Dekay Beach Chamber of Commerce ~ Leadership Delray partiapant ~8 Habitat For Humanity ~' Women For Excellence ~ Catholic Counsel of Women ~ Florida Women s Business Center Advisory Board TOTfiL P. ~-1 oa~2~!oT FRI iS~6~ F~1X 5612~337'•t CITY CLERK ~E~1=~~~1~`"" DELRAY SEILCFi ©~~ MAR 2 ~ 2007 ~ " ~ CITY O~ DELRAY BEACH CITY CLERK BOARD MEN~BER APPLtCATtON X993 -2001 UlaacP t~ nr nrinr the fc)IlowinQ information. ~~/~~ 1. Last Name ~ A ~~ Q / Y ~ / v N'`+r~x ` E ~ ~ ~- ~. J M I_ . 2_ Home Ad ess: Z v o rt ~4-c F,4 ~? G.~-sit 6 fir- _ Ciry DEL2 ~3~0 Sta ~- Zip Code 33 ~~ 3. Legat Residen`C `1 _ City State Zip Code 4. Principal Business Address: !o D ,¢ J`"G1¢r~d7`C!~ lv~ L v D Gcy /~orr~l~a-~ a D'~~r.~ r! State ~=,1 Zip Cade 3 3 o Go 5. Home P one: ~~l - Z 5f3-3 zv?'9 Business Phone: ~~~_ X86- ~6 T~ E-Mail Address: s~.»c ~~.~ ~ ~[ B~ Cr11 Phone: ~ '~ 6b/- ,3-L z/T Fax: 9~- y~ - ~ G_ Bate of Birch B-~T- j,6 7. Arc you a registete voter? If so, where ue you ngistere r,~S ~~~l~~- ~~~~~~ 8. What $oard(c) are you interesied iu szNing,? Please list in order of preference: i 9. List all C7~ey Boards oa which you ate . uzzetttlp sarvin~ or have previously scr'ed: (Please include dates ` c~-.~D o ~ ~~d~-.~. ~~f" ''E o C~~. ~~ -~_ ~, _ - 10. Educational qualifications: - Sf'1~ /1 .J ~ -- 11. List attiyreIated rofessional cer.[i~ications and licenses which you old: 12. Give your present, or most recent employer, and position: ' G,T o /~k O ~ ~~G 13. Describe experiences, skills or knpv~led~e ~ch qualify you to serve on this board: {Please attach a brief msvme) ~ ~ ~o ~ x in a ~.~ ~ i~ ~ ~~~ o,o ~..~..~r- ~o v ,a-r.L. P~-¢~~~ p ~ ~ ~ ~Q.4-~ s o- ~.~~ ~ ~- - I hereby terrify chat the above atarements ace true, and I agrEe and twderstand thaz aay truss emt_nL of material f acts oon ~ ~ ed in clvs appl; may cause {orfeittu~ upon my pan ~f any appoinunent I maj re~~ivc. .~/~~T S A DA'i"E Noce: "i'hu applrc~t~on wi[1 rema+.n on file in the (:qty C~erl~s (Juice for a period of 2 years from. the date it was submitted. It wiu be the applicant's responsibility to ensure that a current application is on fi1c. 11/ 1b/ _l~av t1: _= `_~54 /tb4b/ r BUILDIfNa TEROI~ SANZONE 200 MACFARLANE DR DELRAY BEACH, FL 334fi3 (561) 243-3299 OUTLINE REIJ1tifE Ma~b, 2002 Cjry of Pompano Beach Present I00 E Atlantjc Blvd Pompano Beach, F1.33061 March, 1989- City of Delray Brach March, 2002 100 N~V l"Ave pelray Erach, Fl. 33444 June, i 986- City of Oakland Park. March, 1959 3650 NE 1?~` eve Oakland Pazk, Fl. 33334 •Junc, 1984- CityoifPort~ano Beach ]une, 1936 1'4I SW 1'" Ave )i'onapano Brach, F1.33060 ! June, 1980- Self-Employed June, 1984 RR 2, Box 816 Pompano:Beach, Fl. 33067 April, 1978_ General Dcvglopment Corp. Augustr 1980 1111 South $ayshote Dr ' Miami, Fl: 33131 ' October, 1986- Amcrjcan Plywood Assoc April, 1979 , PO Box 11700 Tacoma, VitA, 88411 August, 1965- Rinker IvJaterials October, 1966 ~ 845 N. Railroad Ave. west Palm Reach, Fl. F~btuary, 1963- Lindsley Lumber Co. August, 1965 Steel Division Dania, Fl. ' Apn1, 1960- Se4urity Plaruiing, Inc. December, l 962 First National $ank Bldg. Miami, FI February, 1960- Dade County Highway Fcbruat}; 1963 Design Section P°-f.~ ©3 Budding Official Building Qfficial Ewlding Official AssistantBuilding Official Constniction,Coasultant & General Contractor Director of Primary Housing. Si, l'71te7rpa{!Orval Field Services Representative Eng. Coordinator Ficid & Fabrication of Projects Estjmation, Detat7ittg, Field Supervision, Customer. Relations Sales Representative Estimator 8,: Designer 11/ to/ _UU4 11: __ y7~l /t~b~ibl I ~ Y+U1LU11'M~ ~,~,,~~ (~,~ luue, 1959- C R C Construction September, 1959 b13 Tabor Place Investc-r planning Corp. b0 E 42ad Street Nemi York, j~ly JER011~E swrizoNE 2E10 MACFARLATIE DR. DELI;AY BEACH, FL_ 33483 (56l) 243-3299 oLTf1-INE RESUME (CONT'D} Sept. 1453- New York City Community Jan., 1960 College 3a0 Pcar1 St .Brooklyn, NY Scpt., 1955_ ~ United States Army Sept. 198 June, 1954- I;evy ~ p'ICeef Sept, 1955 171' l~fadison Ave Ncw Yvrk N7' Estimator K Designer Sales Reprsscn'tative Construction Teclt., ABS Degree. Corp o~'Engiaears Mechanical Design 11 / lb/ _UU4 11: __ ~~~ rrbab ~ r L'd1ILL~Ihbi P~a~E 05 Aate of Birth: Marital Status: General Health: Military Service Certification: School: Oiganizations_ PI'.OFILE August 27, 1936 MatTied Excellent US Army Corps o{Eng. --Honorable Discharge, 1955-1958 Florida State General Contractors I.icensc #CGC-007690 CcrtiGed by die Department of Professional Regulations in the Following areas: ' Building Code Adxniniytrator, Structural Plans E.~aminer at~d inspector; Electrical Plans Inspector; Mc~hanical Plans Inspector Plunnbing Plane Jospeetor C.A.B.O. Certifted Building Official #923 FloridaBoard.ofBuilding Code and Standards Ceztificatc #l 11 Building Officials Association Building Code DirECtor.Certificate #l47 ' Soutb.Florida Auiiding Code Building Official, Chief Stntetura1 Inspector and Plans Examiner NYCCC A_B.S_ Dagee in Construction Technology Florida Atlantic Builders Association Chairman of Affordable House Committee Governmental- Affairs Committee Bw'Idcrs Association of South Florida Co-Chairman of TeclDnical & Construction Committee Conshvction Specifications Jnstitute Bwldiag Officials Association of i L/ 10/ ~VVY 11. ~~ JJY f VOYV J J 17UjL_j.~jl~'N7 t':~t hb PlOride JEROT~IE SANZONE 200 MACFARLANE DR DELRAY .BEACH, FL, PROFILE (CONT'D} Boards: Broward County Construction Industry I.icensir~g Board Palm Beach County Building Code Advasor_y Eoard Palm Beach County Fire lode Ad~-isory Board Fire Codc Board of Adjusimcnts and Appeals SBCCI By-La1vs Corrunittec SBCCI Code Interpretation Committee • SBCCI:Existng Building Code Committee SBCCI General Design Committee • BOAF Resolution Committee I'elm Beach County I'lurricane. Retzofst Committee. Falm Brach County plumbing, Electrical and . Mechanical Re~ricw Comrrxittee . ICC Intcrnauonal Building Code Structural Committee. ~nb'~L~~ Italian, Spanish, Japanese and Latitx a _.+.,r~ 11 . __ _ ~.Y ~ ~v-r.~ ~ r D~..l1l~Jll i'7 ~ T'"FNat q! JEROivIE SANZONE 2001~fACFARLANE DR DELRAY BEACH, FL. 33.53 CONSULTING CLIENT ACTIVITY US Dept of Agriculture Sct up construction companies to build mass housing and train Personnel in Venezuela, S_A., 3 projects started. National Homes,. Inc. Acgttire product approvals for their system under the SBCCI and SFBC. Ryan Homes Analyse and solve construction problems. G.D:C. - Analyze and solve construetion.problems. 7leller, «7eaver Rc Assoc_ Evaluate buildings- for condo conversions. Genstar Develapcd site plaix for planned community in S_ Dede ITT Evaluated sttucntres at Palm Coast in Bttnncll, Fl_ Approved as expert +vitness in American Arbihation and Federal Court, C~•P. Analyze and solve pmblcYns of construction applications. .Northwood Industries Advised on [narketing of constttxtion products and gained code approvals_ -MatChem Ad+tised on marketing oi•construction products and_gained . Code approvals: Everglades Chemical Advised on marl:eiing of constructiortproducts and gained Cods approvals. MCI-Carter Coating Advised on marketing of construction products and gained Code approvals, C.A Marando Advised on marketing of construction products and gained Code approvals. Florida Division of Analyse, investigate and evahtatc projects as well as testify as La+~ Enforcement An exper[ witness for the Construction Fraud Case 111 171 =UU4 11 . __ 7:J4 t UC~4n t ! DUlt_L11Y.7 - r-~x ors -~ JEROME $ATiZONE 200 MACFARLANE DR_ . DELRAY BEACH, FL. 33483 _ . PROFESSIONAL ASSOCIATIONS Atrxrican Concrete Institute (ACI) American Institute of Timber Construction (AITC) _ $nilding Offcials Association of Florida ($OAF) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Adminisu-ators (BOCA) Construction.Specification Institute {CSI) Council of American Building Officials (GA$O) iatemational Conference of Building Officials (I£:.BO} Southern Building Code Congress InteraiationaI (SBCCI) PROFESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals; $vilding OfficiaU plans Examiner Building Officials Association of Florida: I3ut7ding Official/ Departrnent Director Council ofArrteracan Building pffcials: - Building Official Florida Association ofPlumbing-0as-Mechanical Inspector, Inc. State of Florida. Deparnnent of Business & Professional Regulation: .Building Official/ Code Administrator, Plans Examiner, Inspector State of Florida, Department of Business ~ Professiona] Regulaiion: General Contractor State of Florida, Florida Board of Building Cedes ~ Standards: Building Official I~I.ATED INDUSTRY ACTIti'ITTES Building Association of South Florida: Co-Ghainman, Construction & Codes Committee 1980-81 Chairman, Palm Beach County Fine Cs>de Ad~-isot}• Board 1990-99 Chairrnan, Falm -Beach County Fire Codc of Appeals & Adjustments 1990-94 College ofarchitecrc. Engineers & Surveyors Seismic Committee 1968-73 Law Cost Housing Committee- Puerto Rico 1963-~8 President, Building Officials Association of Broward County i487-8.8 President, Building Officials !association of Palm Bcsch County 1994-95 Southcm Building Codc Congress 1ntErnational By-Laws Comnairtee 1992-93 Southerp Building Code Congress International Codc interpretation Comrrxittee 1991-9~ _ Southern Building Codc Conference international Existing Bulding Code Committee 2995-97 Southern Building Code Conference International General Design Conuninee ]997-]999 .International Code Council 1CC INTERNATIONAL BUILDING CODE=Structural Cotnmtittee 1999- Present ~~ 3 ~~E~t~ DEI.RAY BEACH ~°~ ~ ~ 8 ~~~G ' ~ ~t.TY ~~~~ . ~ ao ; ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or punt the following information: i. last 1Vame: Name M. I. Shaffner Ch 1 E 2. Horne Address: City State Zip Code 2953 Sabalwood Court Delra Beach FL 33445 3. Legal Residence: City State Zip Code 2953 Sabalwood Court Delray Beach FI. 33445 4. Principal Business Address: City ~ State -Zip Code 700 East Atlantic Ave. Delray Beach FL 33483 S. Howe :.. - . .Business Phone: _ _ E-1Vlail"Address: ~ = ~ ~ ~ Cell Phone:: Fax: ~ . Phone: (561) 278-2628 ceshaffner a~bellsouth.net ~ (561) 706-2138 (561) 381=7328 561 .498-3651. ~. ~• ~u~ ~~~. ~. ic~ao~crcu vv~Cr: lr sv; where are you reglStereEl~ Yes , YreClnGt %I54 • . r....,, vvouu~~~ arc yvu mteres~ea m servuigr rlease list In order of preference: Planning & honing, .Site Plan Review and Appearance Board l3. List all City Boards on which you are currently serving of have previously served: (Please include dates) 9: Educational qualifications: High School Diploma, ISO and QS certifications, Business Management iu. Ltst any related professional certifications and- licenses which you hold: Real Estate Sales Associate ll. Give your.present, or riio§t recent'employer; anc~ position: Gringle, Doherty & Wheats-Inc., Commercial Agent r ~ - - ~_. ... 1 Z.1Jescrtbe eapetiences, skt7ls or knowledge which qualify you to serve on this board: (Please attach a brief resume) e Attached Resume I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts retained in thi a plicadon may cause forfeiture upon my part of au appointment I may receive. SIGNATURE DATE- 3~1~ ! ~ 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 fle. . ~ s~c~x~cso,-nn, APPLICATION 2953 SabaMrood Ct Delray Beach, Fkuida 33445 5 Phone: (561} 498-3651 Cell: (561)-706-2138 Email: ceshaffner@bellsouth.net Experience 2005-2006 Gringle, Doherty ~ Wheat, Inc. Delray Beach, FL Commercial Real Estate, Realtor 2003--2004 Forex Trading Strategies Delray Beach, FL Complete accounting set-up from inception, $600,000 in sales. Including all record keeping. processing payroll, interviewing and handling all employee reviews. - At~courrting Manager ^ Accounts Payables ^ _ Account Receivables Journal Entries • Reconciled Bank Statements ^ Payroll ^ Human Resources ^ Unlimited Check Signing 2001 HMY Yacht Sales Palm Beach, FL Sales Assistant ^ Sales Assistant to 5 ~facht Brokers Prepared all Documents for Closing- s Abstract of Titles ^ Bank wires. and deposits (for closings) ^ Inventory Control (Yachts) ^ Entered Listings 1986 - 2001 Flight Systems, Inc. Lewisberry, PA Flight Systems is an automotive manufacturerand a remanufacture. We manufactured ABS units, transmission controllers for Daimler/Chrysler, Volvo, Volkswagen, GM and fiord as well as generator control and monitoring systems foi Caterpillar, Cummins Diesel, Onan and Detroit Diesel Allison, In excess of 19 million in sales annual. My position at Flight Systems was Accounting-Manger and Internal Auditor. Duties . included all Accqunts Payable, Accounts Receivable, General Ledger and managed all major accounts as well as a certified IS014001 (environmental industry standard), QS9000 and QS9001 (automotive industry standard) internal auditor. ^ IS09001 plus QS9000 on going training for industry standards ^ Developing work instructions for alt phases of production ^ Implemented FEMA and procedures for company. ^ Internal Auditing (weekly} to identify non-conforming products as well as making sure all work insinictions and procedures were being followed. • Maintaining. all Quality Records {required) • Assisted outside auditors on an bi-annual basis Accounting Nla~a~ger _ • Accounts Payable aging, keeping all payables within terms and negotiating d'iscbunts. ^. Set-up all records for new accounting software CMS, IBM, arranged and followed thnwgh on all go live deadlines. ^ General Ledger Account coding an all invoices ^ Voucher, posting of all invokes ^ .Purchasing of all non-inventory items (building maintenance items, major equipment purchases, all company vehicles) ^ Accounts Receivable aging. ^ Collections of all past due accounts ^ Receiving and entering all cash receipts. ^ Making all crash deposits, reconciling all .EFT and wire transfers. ^ Managed major acxounts for. US and overseas. {Daimler Chrysler, Ford, Caterpillar, Detroit Diesel) ^ Revtewecl all creditapplications for business accounts. ^ Check Signing Education High School Graduate 1991 ^ Curnliirland Valley High school 1991-1995 Harrisburg Area College Hbg. PA Paralegal -Intro to Para legalism, t.egal Research 8 Writing, Domestic Relations ^ Business Management continuing September 2p01 Gold Coast School of R.E. _ BocaRaton,Ft_ Education ^ 'Real Estate License ^ IS090U1-9014 and QS9000 Certficatiai 05/is103 WED OB'19 FAI 581 '3 3774 P~tR~ve~~! 1993 2001 CITY GLEA2i CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pleaat tvnt of Dtin[ tie Fnltnnririo .~nfnr~,~nnn• 002 ~~ /~(~~ ]. .Last Narn b 1.I 1`1>me I~ 1. 2. Ho Address: ~t t..~ Smt~ :- z',~ Code. 3~-Y~ 3_ I.cgm1 Residence: City - Smtc Zip-Code 4. P:indpal Business Address: ~ 5~..~-1J~ 2.1~- ~T.. Ciry = ~~x~~ ~Se~r•K St9rr u. Zip Codc -3~. P 3 5: Home Phone: - s~3g3 ~~~ Business Phone: s61•z~b q;q3 E-Mail Address: ~: ell Phones Paxc ~ z~c ot~~ 6. -Arc you a rega t~rrd votes? ~ if ao, vrhere are yon.ra~stcted? (3 OCA~4ZEf-J ?. What ~Baacd(s} stt yew iritescatcd in acr~-icg? Phase list in order of ptefereoee: 6. lisrp#l city Boards on which you _are turrczaclp carving of have pmrious]y tcrved: (Pkaaa iacbde daces) - . .. 9: -E~u~rlonpl q~ifi~onc: 1'~CtV~a.. D. 30. List an}r .related profeasic~t~l oertficntions and 2itrrsses ai~hieh you hol - - ~,.•~• ~, tGE+JS4p 11.E `=Lt>t1Jot.S A~ ~0..n~trDt~. ] t. Give yoxts pscserit, oc most t~ecert employtt, grid position - 13. Destabe ~petieneea, s]dlla br kncnolcdgc evhich .qualify yvu to save oa ~s b~oa=di (Pka;e atvch s brief resurne} I . b ' y cetri thst tD cbe about atatc~encs ace mre. aAd I agree and uadeist~d tbai any miaaaoemcnc-of msteaal face . d 'a appliud~ a-ay csvwforfdttue upon my pact of yny s~po~lr-tramt I mip44t=ccive.~ - V ' ~ 7. - S1 D11T6 - Nate: This aQplication v-ill remain on 61e in the Gry Uerk'a off cc for a pzaod of 2 pears .from the dace it was submitted. It gill be the spplicaat'a tespoaacb~ity to ~~~alpplicavioa is on blc. s~a+~ranx~.o.at~.r.uc.Twr ~!m ~.~ ~- 7/ 1 ~c1MJ ~wHin•n~ nn_o~_ ~.au MAY 2 8 2003 .~£f:FREY SILBEI{tS?E~IN. A.I.A., RA. )%DUCATION: ' Clsrk Utuversity, Worcester, Ma. Liberal Atte Major Boston College, Doston, Ma. Economics major, one year Pratt Institute, Brooklyn, New Ya1ic, ArchItectvral Degree..A~erican Institute Of Architetts Medal for >xcellehce in Architectural Educaciou HarvArd Utdversiry Graduate School of Design, Jtme 1989 i`huvard University Graduate School of Design, July, 1996 CiF=RTIFlCATION: Rogistered Architect: Florida and lllinois Jeffrey Silberstein Arclutea _8c Assoc:, Iuc. -was- founded in 1994. We are a steal) ftnn with a reputation for innovative design and delivering ,projects with budget: and .on schedule. ?his is avidont as vve continue to work witlti repeat clients and [eferrals generated lyy our rcputittion. Our suR:cass tvolvZS a9 vre,a9sist clients. in defining projeet goals well before suggeStltlg solutions, a process that creates a full understanding of ;objectives before tratisforniation-into reality_ Jeffrey .Silberstein, A.I.A., RA., has .over 21 years experience in the field of architectuttil design, urban .design, igterior design snd residential ..and. cotntnercial developtitetit. Silberstein Architects, Inc. was ~'onnded in 1990 and. is loeat?ed In Delray Beach, Florida. He has been associated with.mauy binding types,'.inclw~ling ~lueatiosisl facilities, office buildings, interior office and residontia! rznoyations, museums;, art galleries, religious facilities, residences, tnnced - use developmants xad comtncrcial projects. Tn 1998 Jeffrey. Silberstein. was preserved-'the Award of :-Honor for Design by The American Institute of Architects (A.I.A.}. 1F3e was- reoogsiized for 'xhe high gustily ahd originality of his work over en extended period of time°_ In addition to this specia) honor he has gathered many A.I.A awards for varied projects. His work has been featured in The Miarni Herald, Thy Sus -Sentinel, The PalmBeach Po9t, Florida Architect; Interior Design, The-Roca Raton New9, Architoctural Record and other international publications: Mr. Silberstein has served as, a guest writer for the 'Hartford Aic)iitechirel Conservancx and The Palm Beach post, a a'itic member of the Works of Art Commiitce of t}ie Boca Raton Muuum of Art, a member of Junior Achievement and a member of The Grace Commission un t,be Boca IZRton Community Rcdeve)opment Agency Task Force. Mr. Silberstein resides with his wife Rosemary and two daughters, Angelica and Sarah.in Boca Raton, Florida. 7/7 ~ql/J tw~rtn•n~ nn_nz_~vw t..... c...~_.~.._..__ DELRAY BE4CN liestalY . ~1TY tJ~ DELRAY BEA~D~ ~ ~~~1R~ tlllEll!lII~ER J~P~'LICAT~t'~~1 1993 2001 Please ox riot. the folio - information: 1. Last Name: ~! / Ve /, Name ~ ~' S~/ M. L 2 Home Address: _ ! J 27~ ~ Cores/ i~~e ~'y. City. State Zip Code 3. Legal Residence: City State Zip Code ~ ~ Coro / %ce ~i . G ~~ ~- 3.355-~ 4. Pxinsdpal Business Address: City State -Zip Cade ~L3oi ~°oG~er/s-~ ~ gdC~ ~~, ~ :323] 5. Home Pho>lle: Business Phone: ~'~fai~Address: C:eil 'hone: lax S6/-~7f _ ~/c~`J c1Z/~. ~~4-.~?-Z SG C11.r ~(i~j~t~ioc~,let. .S~/ ~i4-S~ SS' SZ/-2~.~-/.ego 6. Are you a registered voter? ~ I# so, ~avhere are ypu registered? o 7. l~Ghat Board(s) are ou interested. in serving? Please list in order of pzeferesice: 7L~Qn J~ in -~/7 i i'1 _ 8. List sill Ci Boards on which ou atccutten serving or have previously served:. ltz,c inrludc_dates) ~/~ ~7`G' r//~ l ~!/!mss /04 - Ode ~ ~'i ¢J ~ ~" 9. ~duca,tional quaIi6ratious: 10. List aioy related profess•io~certifications and licenses which you hold: . 11. Give you= przsart; or most recent ctuplQyer; and position: . /~~- ~s>~ ~? ~. c~/ ~.-~ !dam ~ .r~ic 1Z Dasctibt cxpc~tences, ska'Its o owledge wIuch qualify you to serve on this bo _ • (Please cli~a brief resume) r.~ o/q~ I hereby c .that aIl the above statctnents are true, and I afrce and understand-that arty misstatement oEs~iiatcrial facts contain this applicat;g~/n tmv cause forftitate upon my part of any appointment I may receive. (//L~-./ l~-?-~~ SIGNATURE . 1JA 1~. Note: This application wiIl remain on £tle in the City Clerk's Office for a period of 2 years from the data it was submitted. It w~l be the applicant's responsibility to ensure that a ceurent application is oni £le. - - s+aii~~sow~rrttceraar Christel Silver 278 E Coral Trace Cir Delray Beach, FL 33445 Tel: 561-274-8153 Fax: 561-243-1390 Ce11: 561-929-5799 Resume Education: High School Diploma at Sequoia High School Redwood-City, California as Exchange Student from Germany in 1960 High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963 Graduate from Law Academy in Berlin in 1966 Administrator of Justice from 1.966-1985 working at the Court Houses in Berlin, Essen, and Essen-Borbeck, Germany Real Estate Schools in Maryland, Washington DC, and Florida Graduate of the~City of Delray Beach' Residence Academy in Apri12004 Participant iri the Leadership of Delray Beach. 2004/2005 Licenses: Associate Broker in Maryland license.#81131 since 1985. Realtor in Florida license # 60690952 since 2000 Certified Residential Appraiser in Maryland license# 7142 from 1991unti12004 Notary Public in Maryland from 1986 unti1200.1 Notary Public in Florida since September 2003 Certified International Property Specialist since 2004 Fair Housing: Member of the Fair Housing Committee at the Montgomery and Frederick Association of Realtors 1990-2001 Chairperson for the Fair Housing Committee in Montgomery County in 1995. Member of the Interagency Fair .Housing Coordinating. Group 1995-1997 Washington DC HLJD Task Force member for Fair Housing Voter status: I am a resident alien in the process of applying for my Naturalization looking forward of becoming a registered voter. Membership: Greater Delray $each Chamber of Commerce (Chairperson for 2005 for the Ambassadors and Chairperson for a Leadsgroup} German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Membership Committee of Certified Residential Specialist (Chairperson of the Florida Chapter) Elected Director of the Board of the Coral Trace HOA for 2005 ..... _ Christel Silver Date ~ ~ CITY OF DELRAY BEACH ~pR ~ 6 2007 ® BOARD MEMBER APPLICATION C 1993 C~ 1 ~ ~''GR~ 2001 Please type or print the following information: ~ '`f~~/11 1. Last Name: ~ ~ - Name M I. - 2. Home Address: 510 ~ ~ 3. Legal Residence: S ~~ City (,.tilt ~ a ~ City State C. State Zi Code ,~3 y la7 Zip Code 4. Principal Business Address: '~(o l W. A-1 IA~'~c ~1~f~vti.,Sv:}~. n~ City i~E~R,~ ~f~c.~n State ~ f~L. Zip Code 33~~~ 5: Home Phone: ~1 q (~s~' ~ Zo S Business Phone: (.l ~ lei- 53 }a E-Mail Address: (~~~ A~t,~ W'ttN ~ n~~.J Cell Phone: SSG S'? 3 _ 12,p 2. Fax: ~ 21a5" ~o 6. Date of Birth ~ Iy Sti{ 7. Are you a registered voter? ~(~ S If so, Qvhere are you registered? J L~Y.~. W~~~.~ 8. at Board(s) are you interested in serving? Please list in order of preferences • ~,,oru-MV~t. ~-d~~~o nTr' ANC, ~)A.cJt~; ~d 2aN. C.~xl~ +~~ ~~.,~" ' 9. List all GtyBoards on which you are currentlyserving.or have previouslyserved: ase include dates) ~~b11 c ART Ad,l~`~0~1 10. Educational qualifications: /~ j p y `` C /~ ( !~ ~ A~,, _ v , ,. /~ ., ' `~°410F.+S ,~+i.L 3' Vast ~r~.l !'TA M ~ ~T~l/'~ l \,CJI~ / "~Ja~/ l~ 11. List any related professional-certifications and licenses which you hold: ~ s Sc.~.dol v~ ~~bl:~ ,nr,,`N: :aa C ~~eavNc, ~d~~R r~~ ~~-s rJ+~-.~u ;-! 12. Give your present, or most recent employer, and position: . ~~•~f, C.4 ~ R- "Tc.~.t~~e f~ R.r3~. Ewe! J~lo nn~~" y~.)c . TF t•~x. t , d~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) i S~wvti a~ ~A~ gdR>~s Aid C~~,,M:~~.~s G~ ,~- ~ ~d (~.dt~i ~J1 N d iN ~A~U W ~~A ~ti..j~,~ ~'f ~~.-•3 ~Jtl~ I hereby certify that all the-above statements are true, and. I agree and understand that any misstatement of material facts din this a licati y cause forfeiture upon mypart of any appointment I may receive. i ~~ SI AT[JRE DATE Note: 'This application will remain on file in the City C~er~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. SEABRON A. SMITH 7510 ANSON COURT LAKE WORTH, FL 33467 (561) 968-7205 Cell: 561573-1202 Seabronl@bellsoath.net SUMMARY A Professional with a history of creating and maintaining successful linkage between the private and public sectors. Demonstrated strengths in Program Development and Business Management, involving the provision of services to thousands of displaced professionals and non-professionals that requires complex business start-up procedures that will promote job creation, resulting in economic growth and community revitalization. Demonstrated strong intergovernmental and interorganizational relations with expertise in research and developmental strategies to achieve organizational goals. HIGHLIGHTS OF QUALIFICATIONS + Over 13 years. of program development/management and experience: with proven expertise in project management ~', • Resourcefitl in solving problems and maximizing resources • Skilled in relating to the public with professionalism and sensitivity • Excellent written, verbal, and grant writing skills • Able to set and achieve goals, and manage multiple tasks simultaneously • Strengths include analytical skills to identify and formulate solutions; policy and procedure development; training and strategic planning • Experienced in entrepreneurship:and small business consulting • Highly creative, self motivated with exceptional organizational and planning skills PROFESSIONAL EXPERIENCE Center for Technology, Enterprise & Development, Inc., Delray Beach, FL 1997- Present SBA/Florida Women's Business Center 2004-Present Executive Director- Private Industry Council, West Palm Beach, FL 1991 - 1997 Service Center Manager Lake Davis Apartment, Orlando; Florida 1987 -1991 Property Manager/Leasing Agent Adelphia Cable, West Palm Beach, FL 1984 -1987 Sales Supervisor Perry Cable TV, Palm Beach Gardens, Florida 1981-1983 Marketing/Sales Supervisor ~LN'1-tJ.~-Ct.Jt70 17= lt: r'Y.~_M'1: 1'IMl_ 1'L1 LLI-~'i-'.. ~~IMVLtt =>71~[!x:~:~'a 11 ~: ~-+..}-= f t=} DEIItAY BEACH . . wl-n~~c-ny ~ r 1993 2007 r'. ~. .; CITY OF DELRAY BEACHREC~IVEC7 BOARD MEMBER APPLICATI '~ ~- fl 6 ~ 2006 CITY~yE /a ~~/ }'tease t c t,i ~iuu u~c .~,.~~»..~-- 1. t Nam : I`j"~ .S ~- i- _ ?. I:~lollae Ad c ;: C~ Sratt 7' f'~e ~. l..cgal ResadCtlCC: ~ dS ` ~ ~~ ~.,1Cjr trite ~J'v rf~~ 4. principal $'usiness ,Address: City Stare Lip C~~dt 5. H[,rne 1'honc: Iiusinc~s Phone: ~~Co-433 E-Mail Address- ~n~~~~r~'~'~ Cell i'hnnc: t/ Fay: ~ ~~G'Y9'$ O, ~ S1.t.e yQU 8 LG~1. zted VQLCC~ VQ _~ TE ~V, ~~Vhtr 2 ?YC ~'htl I _ ISLCf.C / ` ~ ' ~ z sc };? Plea<e list in ardcr.nf prcEcic ee: l i c ?. at l3oa (s) arc yot ~ ere>r $, list all City Rr~3rds can which Y• ~u are currently ictvitig i?r have ptevii.u,1}~ served: (1'lcase uidudc dates) 9. F_ducacional gc7aliFica ions; IQ, (.l$L :1.11Y relatzd piCtf:CS57[~fi ~ Cc f1CaT1[~Il$ qnd ~7CCrttiGS Wlll[;ll vGU 1101tj: 11. ~'iivc pour presellt, o>L osr. -c« employer, acid posirion_ 1?. Llesclibc cxpctitn ~, :k' 1s or ~ wlcdgc which yualify }rou to scxvc on rlus hoard: (Please attach a brief rctiume) 1 hcrrby ccrdfy that all the alx,ve scarcrncnts arc true, and I agree and undcrscand that any misstatcn~cnc of ma~crial faft~ concern :;:.non t[i5c FarFciarrG upon try j?at-c of any appointtncnt 1 may recei~re. v C-y IRE DrtTF.? - i Noce: us ~s. syi rcrnain on file ut the Citg (=-cr~'s Office for a period ok ! ycara tr[xu tYle dace ~t vas submitted. It wit! he chc applic:lrlt'~ respotlsibilit_y to ensul:e that a current application is tin hle. Srtr rt;[ER7c;xo.~7:v:~Y-Lltni~~[ JI_1 t-~-2t3C'ib lt•: l4 FF'r_ll't: t•p=r~ PIILLHt ~ `- '~Ti-~ ILE`A' 5~1~7r~~~:1 TCi: "'`ii.~ r7-f MacMillan S< Stanley, PILC MacMillan 8 Stanldy Builriing 29 NE 4th Avenue Delray Beach, FL 33483 Phone: (561) 276-6363 FaX: {561) 276-8881 tom pemacmillanstanley_corn '17~otnAS N1.9tat'iley ~~~ 1995-1899 Princeton University B.~-. Hts>bory 1999-2002 Florida State University Juria Doctor Prvfsaslana~ experler*ee 2x02 ~ Present MacMillan 8 Stanley. PLLC Beach, FL Attorney: Lev~ef 1 Titre Insurance Agent Vtlilt, Trusts and Estates Estate. and Gift Tax Real Estate closely held corporations condominium -law Princeton, NJ Tallahassee, FL Delray P.3~~3 p.>~1 Member of the- Florida Bar; American Bar Association: Delray Beach mernb~e~[pa Chamber of Commerce; Chairmans Club; Boca Raton Estate -Planning. Council; Paim Beach County Bar association; Delray Beach Historical Society; .Palm beach County Historical Society: Member 'of Real Property and Probate Section of the Florida Bar; Member of Elder Law. Section of the Florida Bar; DELPAC ObjectMa• tam a-Oelray Beach native and have a vested interest in the success of Oelray -Beach as a downtown ~tandowner and businessman. I feel that my studs and knowledge as a long time Delray native and attorney will bring added. depth to many of the City of Delray Beach developmental and review boards. Dk' City of Delray Beach City Clerks o}~ce .~~ MEMORANDUM ...~. TO: David T. Harden ~~. FROM: Venice Cobb, Executive Assistant/Board Liaison SUBJECT: Downtown Development Authority Appointment and Planning & Zoning Board DATE: May 15, 2007 Please be advised that Mr. Johnny Kincaide would like to be considered for appointment to the Downtown Development Authority (Item 9.K.) and the Planning & Zoning Board (Item 9.L.) at tonight's City Commission meeting. His application and resume are attached. DELRAY BEACH . a ~ o „ ;1-WnericaC 1993 2001 ~~~~~~ ~~ CITY OF DELRAY BEACH ~ 4 2001 BOARD MEMBER APPLICATIO'I~ ~~~ ~~~~ ~~ Please type ox print the following information: .~iy-~ 1. Last Name: K ~ Name ot+rrw~ M. I. 2. Home Address: ~to 'E GT. Ciry rLR.~'~ ~b~aL~l State ~lr Zip Code 3~f~ 3. Legal Residence: SM~+t Ciry State Zip Code 4. Principal Business Address: 399 ~,I. ~+ti.wt~rta fk ~xj . ~"~ ao~ Ciry ~oc,%t ~t~N State FL Zip Code 33Y3~ 5. Home Phone: (s~~) yt~-sgy9 Business Phone: (stogy}9aa-~y~ E-Mail Address: ~K,~t~~n~@iK~e~n-~ Cell Phone: Fax: ~~~~n~-~~ 6. Date of Birth ~~ ~~ 9 //9~o 7. Are you a registered voter? If so, where are you registered? Y~ s i 9~j9 7~t_R,q~y -xi1. ~,2aPtc, Pdt,w15 8. What Board(s) are you interested in serving? Please list in order of preference: ~ ~ Z 30~, T~Ut4, ct~~4 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~E Z 30~~2~ ads - anvr~ 10. Educational qualifications: 1~ . d . 1~oi.n ~~-t. 5~, ~ c c ~ ,~.~ s ~ctn~~--cam 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ESvWI~ ~~ ~1 Li, I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained~in~/thi~s ap~-plication may cause forfeiture upon my part of any appointment I may receive. __~ ~ `~ S JJN l~~ SIGNATURE DATE! Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. JOHNNY KINCAIDE 2b W. Flagler Street, t 1` Floor, Miami, Florida 33130 PHONE: (305) 371-9661 -FAX: (305} 374-4058 $-MAIL: i.kiaacaid rz~,~llcfirm.com PROFESSIONAI, EtPERiENCE 1003 to Present LOCK); & ii NCA.iDE, LLP Miami, Florida Parrne,- Specal.i.zitag iii entploytnent law, con[ract disputes and general cotporate/aduaitaistrative 1AlY, ].998 to 2(103 AICERA'IAN, S1vN'CERFITT & Tf.IDSON, P.A_ Miami, Florida .4ssnciate C.o+7~n+•nre Deparanent Negotiated attd structured mergers and acquisitions of bu,~iness entities; advised clients on general. corporate law, employment ,ttatterc, applicable regulatory and administrxii~+e guidelines; dtnfted geraeral co-pal~ate docunaelats, acquisition agreements xnd related documents; drafted couu-.tercial docuuaents. Fall 1997 FT. LAUDERDALE OTFICTti OF THE CITI..r PROSECUTOR Ft Lauderdale, Florida L~iK~ Clerk Researched appellate, evidentisry and constiattionsl issues; drafted legal memoranda, ossisted City Prosecutor in Ixial preparations. Summer 1.997 FUURTH DISTRICT COURT OF APPEAL West Palan Beach, Florida St.n,nrter Intesn fur Judge. itr Aiuttltetiv Stc venson Reviewed Appellate briefs; researched and drafted legal memoranda, drafted legal opinion.. EDUCATION Univea-si.ty of Niinnai. School. of Lurv, Cm-al C=iihlec, Flol-ida J.D., May 199R 1998 Outstanding ~'otutg Men of America 1998 Litigation Skills I-Iottors Award Florida M.inolity Palticipatiou in Legal Educatioat Scholar Lniversity of Misnu Scholar Phi llelua Phi Legal Honor l:ratemity President, Cluistian Legat Society Florida Atlantic University, Boca Ratan, Florlda B.A. iia Political. Science, Jwte 1995 Pi Sigma Alpl-s, National Political Science Honorary BAR ADMISSION Florida Bar, Uctuber 1998 CLIENTS REPRESENTED The Rickenba.cker Collections Group, A.utoNatiolt, Inc., R.epub[ic Se,vices, Inc., Kellstrom. industrios, Medical Ivlalaa~er Cor}~oration PROFESSIONAL ASSOCIATIONS American Bar Association, NIILtonal. Baf AasoClatlota Page 1 of 1 print • combine multiple documents • return . ~ - y' r Link to Board Certified Attorneys ~^-Florida Bar Attorney Prole Attorney Number:__ 155802 Member in Good Standing Johnny Kincaide Jr. Johnny Kincaide, P A 28 W Flagler St FI 11 Miami Florida 331 30-1 896 Phone: 305/374-6548 Fax: 305/373-5613 E-Mail: county: Dade circuit: 11 Admitted: 10/16/1998 Board Certification: sections: Young Lawyers Division Link to the Lawyer Referral Service http:Uwww. flabar.orgltfb/webadmin.nsf/PrintOrEmailF?OpenForm&Action=POE&URI,=... 3/ 15/2004 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: David T. Harden THROUGH: CITY MANAGER DATE: May 11, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF MAY 15, 2007 PALM BEACH/TREASURE COAST 2-1-1 FUNDING REQUEST ITEM BEFORE COMMISSION Palm Beach/Treasure Coast 2-1-1 is requesting funding in the amount of $5,000. BACKGROUND Palm Beach/Treasure Coast 2-1-1 has submitted the attached request for funding in the amount of $5,000. Apparently this request was submitted to Mayor Perlman last November but not brought forward to the Commission. FUNDING SOURCE Contingency funds. RECOMMENDATION I recommend that this request be rejected for the following reasons: 1. While this is a worthwhile service which may be valuable to our residents, social services are not part of the core mission of the City and we do not have the tax base to support such services. 2. This request should be considered during the normal budget cycle when it can be prioritized against requests from other service agencies. That is almost impossible to do when presented as a stand alone request. All of the agencies which request and/or receive funding from us provide valuable, worthwhile services, but we cannot afford to fund them all. 3. In light of the budget cuts we expect to be imposed on us by the legislature we should not be taking on new expenses, especially ones which may create an expectation of future funding. q.M FROM :211He1pLine FAX N0. :561 547 8639 Apr. 19 2007 12:04PM P1 Palm B~dchjf'reasure Caasf~ ~_ _ ~ .~ 7rE'tC01~rl~Ct~. ~~A175V~1~i°l"S. Date: n Pages: (including cover Page) To: ~ t• Company; Phone: a y 3 ~ .~ c~ 1 e~ Fax: _ n~ ~ `~ -111 From: s~j~ ~ ~2~c,~ ,n ~ c~ Phone: 5 3~ - t ~~~ Faz: .h ~~ - ~S (off Email: S Subject: Comiucuts: 2II is a telephone-based service, irr its fourtk decade of providing a seam of specurll,~ trained stafJ`'and volunteers available 2~-hours a day, 365 days a year, assisting callers by providing informatlon, referral, crisis counseling, and suicide intervention. • 2I.1 is avallable for callers of all ages and serves Falm Beach, Martin, S~ Lucie, Indian River and Okeechobee Counties. • In 2005, ZX.I responded to approximately YZ.i,000 callers in need of lnforma#on aid referral or just someone tv talk to. • 2IZ can be reached by cell phone or if you live out of area and are unable to reach ZII, please dial (S6Y) 383-IIYI or (866) 882-2991. • ~(ccess additional information on www: Zllyalmbeach. ors or www.Zlltreasurecoast.or . pbtc.org FROM :211He1pLine FAX N0. :561 547 8639 Apr. 19 2007 12:04PM P2 eon op D~crcRa n'0`0`O ~' Palm lleach/Tteasure Coast Repns~nlahw . ~ ~^~Y ~ VlesFies~erk I' ~.r° r`~ ,oar a o~, ~ November' 27, 2006 ~- ~ '"'~"" r Get Connected GetAnsw~er~ ~ yeffPerhuan, Mayot' . City of Dehay Beach ~'°'~",.~~~ I00 N.W. 1~ Avenne ~"°` Delray Reach, F133444 cam. Tra,riB, p.~. Dear MayOC P~'httan: ora~e car~F,o Aorde-erneet Dr-~mios, ~rw. o-. vice ca,rsey Thank you s0 much for meeting with me and George Elmore on Nove~e[ 20a'. We certainly ~`'° °eN °1e°1e ~0""~101 appreciated having the opport~urity to talk with sn~ ~ oeFr you about 211 Palm Beach/Treasure Coast, also ~hma~ eFaFhe~s latowtt as The Center for Ittformatyotl & Crisis Services (CrisisLixre). Rarow~y ~~ ~F~ ~°uer Ahhe FeFaane ~sc~~ Joey Fpp~ ~~ B~C~1 Ppd ~ r~r c~mea Pe sn.Fe~s or,~e ~ ~~ ~ eea~F ~ ~+~ ~ea~ Jemee J. JeA'eeaon comrn~euy Repreeen~iw, she~ia Boned SLnTiuR 8NFF1[ R. I.ee McEMoY. IV Downey 6 Downey, PA our tY Repesenabre IFY;FFB Peen hf~aFmony Musie derma Ramirez Drertaos school or fhe ae ~~ an~,azmldF ~~ Jay H, ROeitii1C11~ ~, c~«emun~Rearosa,sctti~ DkFIFIe vamdr F~enea au~r ~ -+~r cxmntunxr wpFSeenta~,ee As we discussed our non-prof t agea~cy has been serving Palm Beach Crnmty residents since 1971 _ 211 Patin Beach/'Treasure Coast is the only 24 hourf7 day per week telephone based service pr+vvidi~ng health anti human service infonnabion arid. referral, telephone counseling, crisis intervention and suicide prevention assistatx~e, utifiziag highly trained, staff and volunteers. Last year our staff responded to over 96,000 callers irottr Palm Beach ~~,, of which 8,986 were Delray Beach res~deirts. Our call volume is ever increasing and we are projecting a 12% increase in Delray Beach callers, alone. Attached is a Sttalrslrot Report for Delray Beach along with a brief ovexview of the agency and its services. Our challenge stow is to increase rnu staffing to meet the increasing call volume. With that in miixi, we are requesting an allocation of $5,000 from the City of Delray~Beach. As we discussed, 211 Palm Beach/Treasure Coast is fancied by the State Depamaneitt of Children ~ Families, the Patin Beach County Commission, United Way of Palm Beach County, the Town of Palm Beach CYnited Way, the Area Agency on Aging, the Children's Services Conned and the City of Boca Raton. We are currently looking to mueicipalitres to support Z 11, as the City of Boca Raton has done for'over 10 years. There are several bents realized by having 211 available to Delray Beach residents. First it eliminates inappropriate calls to city governmerAt and serves as a resource to city staff when health and humazt service related calls do come in. Further, 211 impacts the number of inappropriate calls cvmiug into 911 operators. We have wariced clvscly with Delray Beach Police. Through ovr Elder Crisis Optreach Program, we have served 53 Dch'ay Beach elders, found to be in crisis and in need of in-home assessment, stabilization and eon~nection with ongoing services. Tire City's favorable consideratioua of this request for $5,000 twill be roost appreciated and will allow us to itrcxease out' capacity and service to those in aced of someone to Iistea,, someone who can connect them to the services and support they need.. Once again thank you for meeting with us SAY, _~_ Susan K Buza ~. Executive Director Cc: Georgo Elmore PAIN eE~Gi11ECOObi ~ lO.B~IIS68t ~ ._ ... TIIE ~ENTEO FOO IIIF01 www.211 patmbeach.org . a riowo~ cxvwavaurrr,o~ 1 ~CWILDREN L~.1 ~ FaMt~l~s ~M FL 93400 ~ T1EL 601647 8081(f01(5®t54~.00$9 a C>lISIS SESifI1;E5 T f2Ct~FC-' -- ~~ ~ COL[NYY ~~ ~~. www.211 trEasurecoest.6rg ® "~ m.mmamm""L ~^~^~wiry Fe~.d~fion A,v FROM :211HelpLine 2006 Delray Beach FAX N0. :561 547 8639 Apr. 19 2007 12:05PM P3 Z11 Palm Beach/Treagnre Coast ~;, "'`°°~''~'°~"'°`"~ Service Snapshot ~ =~~ r ~... ~. . ~'C`oiriieixer~ Gei~4isi~~eis:' 41r VeN4no p~.r MaN1e $ 1,000 '~~^~' ~~ti~ .~ ~`~ ~~~ ^;~ ~'^~ ~' ~` w ~ ~ ~ ~~ ~ ^~ 900 ^ zoos .kin Feb iV~r Aq tidy .kme .Ay Aup Snap ~ Plw r L1ec Info,rimatlon and Referral 903 -CAIN i~,i46 >~~ m~ ~ ~i~ P~tl~ Top 25 A~eacica ReoeEVing ~teferrazs Represents Sz°/. of all rekrrah ~uside Florida Department of F.1der Affairs PBC Division.ofHumsn Services and Veterans Serviaea . St. Joan of Are Catholic Church Commwnity Action Progtnrp otPgim Beach County Center for Family Services of Palm Bch County, Inc. Mae Voles Senior Ccrdcr Legal Aid Society of Palm Beach County, inc. ~ ~ Bvm Rake Jeuviah Family Service The Salvation A~:-Y Adop6A-Family of the Palm Beaahea~, Inc. Trlorida Department afChildren bt Families (District ~ The Lord~B Place, I110. (~.A. Food Service, inc. Palm Trap Community Caring Center AII1Br1C8n iced Cross 211 Palm Beach/Trcasare Coast South County Mental Health Cents, inc. Coalition forIndcpendent Living Options, Ine_ Easy Living Lifeline Program Christians Reaching Out to Society Caring for Seniors, inc. C%omprohensivc Alcoholism Rehabilitation Progtnuts, Inc. Fbrida Depafinent of Children 8t Families x~1~Jcc'~x y:; i'~::': .ate/ ''Rub?:`.:':. "s..... , ..i'.r ~''J-T:• ~~; ,. ~~ '<' For addiiior~al i~ofarmation contact ithonda Thtoop, Director of Community Educatiop at (561) S33-itlGS or rheoda-throvp®21 Ipbtc,org ~vww.211 palrnbeach.org MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER n SUBJECT: AGENDA ITEM # 1©' `~ -REGULAR MEETING OF MAY 15, 2007 ORDINANCE N0.16-07 DATE: MAY 11, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quad judicial hearing for a City initiated Future Land Use Map amendment (small-scale) from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between N.E. 15` Avenue and Pineapple Grove Way (N.E. 2na Avenue). BACKGROUND At the first reading on May 1, 2007, the Commission passed Ordinance No. 16-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 16-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\CMdinance Agenda Memos\Ord 16-07 FLUM and Rezoning Proposed Urban Park ?nd Reading.05.15.07.dor MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~~ FROM: JASMIN ALLEN, PLANNER ~'~~~~%~~!'~ PAUL DORLING, AICP, DI CTOR PLANNING AND ZONING ~~ THROUGH: CITY MANAGER DATE: APRIL 23, 2007 SUBJECT: AGENDA ITEM #~~•~- MAY 1, 2007 City Initiated Future Land Use Map amendment (small-scale) from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and Rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between NE 15' Avenue and Pineapple Grove Way (NE 2"d Avenue) ITEM BEFORE COMMISSION The action before the City Commission is aCity-initiated small scale Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1S` Avenue and Pineapple Grove Way (NE 2"d Avenue). BACKGROUND The subject property contains approximately 1.34 acres and consists of Lots 4, 5, 10, 11 and portions of Lots 3, 6, 9 and 12, Block 76, Town of Delray. Additionally the 16 foot north/south alley which bisected the property has been abandoned and will be included in this rezoning and land use action. The property currently accommodates a public parking lot and an office building. In August 2000, the Old School Square Master Plan was adopted which included the construction of a new parking garage facility with retail facing Pineapple Grove Way and NE 1S` Street (now under construction), and development of an urban park adjacent to the Old School Square Facility. The proposed changes are being sought in order to accommodate the proposed new urban park as neither the current CBD nor OSSHAD zoning allow parks as either a permitted or conditional use. City Commission Documentation Meeting of May 1, 2007 New Urban Park Adjacent to Old School Square- Future Land Use Map Amendment and Rezoning REVIEW BY OTHERS At its meeting of April 16, 2007, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony in support of, or opposition to the proposal. After reviewing the staff report and discussing the proposal, the Board voted 5-0 to recommend to the City Commission approval of the Future Land Use Map amendment and rezoning, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. RECOMMENDATION Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 15t Avenue and Pineapple Grove Way (NE 2nd Avenue) by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Attachments: ^ Planning and Zoning Board Staff Report of April 16, 2007 ^ Ordinance No. 16-07 2 ORDINANCE NO. 16-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CC (COMMERCIAL CORE) IN PART AND OMU (OTHER MIXED USED) IN PART; TO OS (OPEN SPACE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN PART AND OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED APPROXIMATELY 180 FEET NORTH OF EAST ATLANTIC AVENUE, BETWEEN NE 1ST AVENUE AND PIlVEAPPLE GROVE WAY (NE 2ND AVENUE), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, The City of Delray Beach, is the fee simple owner of a 1.34 acre parcel of land located approximately 180 feet north of East Atlantic Avenue, between NE ls` Avenue and Pineapple Grove Way (NE 2°d Avenue); and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of CC (Commercial Core) in part and OMU (Other Mixed Use) in part; and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (open Space); 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 CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) District; and WHEREAS, at its meeting of April 16, 2007, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and 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; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as OS (Open Space). 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 163.3187(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 OSR (Open Space and Recreation) District for the following described property: The South 212.26 Ft. of the North 422.26 Ft. of 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. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 2 ORD NO. 16-07 part declared to be invalid. Section 8. 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 City Clerk First Reading Second Reading MAYOR 3 ORD NO. 16-07 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 16, 2007 AGENDA ITEM: I~.B ITEM: Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and Rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2"d Avenue) (Quasi- Judicial Hearing). GENERAL DATA: Owner/Applicant ..................... City of Delray Beach Location .................................. Approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) Property Size ............................... 1.34 Acres Future Land Use Map ................. CC (Commercial Core) in part and OMU (Other Mixed Use) in part Current Zoning ............................ Adjacent Zoning ...... ...........North: East: South: West: Existing Land Use ... ..................... Proposed Land Use ..................... Water Service ......... ..................... Sewer Service ......... ..................... CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) CBD (Central Business District) CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) OSSHAD (Old School Square Historic Arts District) Public Parking Lot and Vacant Office Building Park Existing on site Existing on site N.E 3RD ~~ K N.E T _~ ATLAI1NT~~IC AVENUE ®9.LLLL_IJ ~ Z ` Z ~ _ ~ SE N® 15T 5T. iE 7!q ® ~' SE IV. B. ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a City- initiated small scale Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2"d Avenue). 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. BACKGROUND/ANALYSIS The subject property contains approximately 1.34 acres and consists of Lots 4, 5, 10, 11 and portions of Lots 3, 6, 9 and 12, Block 76, Town of Delray. The 16 foot north/south alley which bisected the property has been abandoned and will be incorporated within the property. The property was part of a larger parcel, a portion of which was used in the construction of the Block 76 Parking Garage and accommodates a public parking lot and an office building. Regarding the land use history, on November, 15, 1995, the Historic Preservation Board approved a Class V site plan to allow the construction of a 136-space public parking lot. The parking lot was further modified with the approval of a Class I site plan modification on November 16, 1998, to allow the construction of ten (10) additional parking spaces. The Craig's Furniture warehouse building was converted to an office building and was approved by the Site Plan Review and Appearance Board on November 4, 1998. The office building was purchased by the City of Delray in November 2006, and will be demolished in conjunction with the proposed park improvements. In August 2000, the Old School Square Master Plan was adopted which included the construction of a new parking garage facility with retail facing Pineapple Grove Way and NE 1St Street (now under construction), and development of an urban park adjacent to the Old School Square Facility. The proposed changes are being sought in order to accommodate the proposed new urban park. Neither the current CBD nor OSSHAD zoning allow parks as either a permitted or conditional use. Thus, to accommodate the proposed park, rezoning to OSR is being processed. Additionally, a Future Land Use Map amendment on the entire property to OS is also proposed. FUTURE LAND USE MAP AMENDMENT ANALYSIS 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 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning 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: ^ The amendment does not exceed 10 acres of land; ^ 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; ^ 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; ^ That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; ^ 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 asite-specific small scale development activity; and, ^ 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 1.34 acre parcel. The proposed amendment is to OS (Open Space) and does not involve any residential densities. While the property is not located within a designated redevelopment, urban infill, downtown revitalization it is located within a traffic concurrency exception area, therefore the cumulative effect of amendments shall not exceed 120 acres. No other small-scale amendments have been processed this year within designated redevelopment and traffic concurrency exception areas. 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 Future Land Use Map amendment and rezoning is being sought to accommodate a future park on the site. The current CBD and OSSHAD zoning designations do not allow parks. The proposed OSR (Open Space and Recreation) zoning district allows "parks, public or private, active or passive including playgrounds, ball fields, interpretative trails, educational exhibits, and the like" as a principal use per LDR Section 4.4.27(6). Table L-7 "Land Use Designation/Zoning Matrix," of the Future Land Use Element, shows that the OSR zoning district is consistent with the OS Future Land Use Map designation. Thus, positive findings can be made regarding consistency of the FLUM. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following 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, or similar 2 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning 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 proposed open space designation does not require submittal of supporting data and analysis. However, it is noted the requested change is to accommodate the placement a park consistent with the adopted Parks and Recreation Master Plan and the Old School Square Master Plan. The current zoning will not allow the anticipated use thus the changes are being sought. ^ Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Future Land Use Element: Objective A-1: -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property accommodates a public parking lot and an office building which is to be removed as a part of this development proposal. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed park. While there will be a loss of the surface parking (146-spaces), the construction of the Block 76 Parking Garage which accommodates 523 parking spaces will provide 377 more spaces. Thus there will be a positive impact to the surrounding business with respect to the availability of parking. The development will be complimentary with the surrounding commercial developments and residential uses as it will provide for a new urban park. Parks and Recreation Element Policy A-2.15: The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and the development should be accomplished by FY 2006/2007. Policy A-2.1: The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2: The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policy A-2.3: Funds shall be allocated, achieving Policy A-2.2. This mechanism which are applied to meeting that policy. on an annual basis, for the purpose of shall only be one of the funding sources 3 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning Policy A-2.14: All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. The proposed park has been identified in the Old School Square Master Plan and the Parks and Recreation Master Plan as a vital asset to the proposed expansion of the Old School Square Cultural Arts Center. The proposed Future Land Use Map amendment and rezoning is the first step in the planning process to accomplish the above policy. ^ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed rezoning and FLUM change will place the property in an open space category rather than the current commercial and mixed-use category. This will result in a reduction in intensity therefore concurrency can be met and is not an issue. ^ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of OS will accommodate the proposed use of the property. It will provide an opportunity for an urban park and expand the Old School Square Cultural Arts Center to Pineapple Grove Way. ^ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property will be developed as a park and will be reviewed for compliance with the LDR during the related site plan approval process. No problems are anticipated in meeting the LDR requirements. PINEAPPLE GROVE MASTER PLAN The Pineapple Grove Master Plan recommended the location of a park having frontage on Pineapple Grove Way and as close to the center of the Program area as possible be provided. ZONING ANALYSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. 4 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square - FLUM and Rezoning Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Zoning Consistency and 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 Rezoning 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 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. The property is surrounded by the CBD zone district to the north, south and east; and, by the OSSHAD zone district on the west. The adjacent land uses to the north is the Block 76 Parking Garage (now under construction), to the east and south are commercial uses and Old School Square Cultural Center to the west. The proposed changes will allow the site to be developed as an urban park to serve the neighboring business and visitors to the Downtown by providing an open and inviting public area. The utilization of the property in this manner is compatible and complementary with all adjacent uses. Section 2.4.5(D) (5) (Rezoning Findings): 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. The reason for the rezoning is "b". The change in circumstance is the acquisition of the parcels by the City for the purpose of establishing an urban park in keeping with the adopted Old School Square Master Plan and Parks and Recreation Master Plan. The proposed land use changes and zoning change are necessary to accomplish that goal. Further, the zoning designation of Open Space and Recreation is more appropriate for the property to accommodate the 5 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning envisioned development as identified in the City Commission endorsed Old School Square and the Parks and Recreation Master Plans. REVIEW BY OTHERS The development proposal is located within the geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) and PGMS (Pineapple Grove Main Street). Community Redevelopment Agency At its meeting of April 12, 2007, the CRA Board reviewed and recommended approval of the proposed Future Land Use Map amendment and rezoning. Downtown Development Authority (DDA) At its meeting of April 9, 2007, the DDA Board reviewed and recommended approval of the proposed Future Land Use Map amendment and rezoning. Pineapple Grove Main Street (PGMS) At its meeting of April 4, 2007, the PGMS Board reviewed and recommended approval of the Proposed Future Land Use Map amendment and rezoning. Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: • Neighborhood Advisory Council • Chamber of Commerce Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The existing CBD and OSSHAD zoning designations are inappropriate in light of the proposed park use of the property. The FLUM amendment and rezoning will allow the development of the parcel as an urban park in keeping with the adopted Old School Square and Parks and Recreation Master Plans. As this is intended use of the property envisioned by the City it is appropriate to approve these changes. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.11, 3.2.2, and 2.4.5(D) of the Land Development Regulations. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of denial to the City Commission for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS 6 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square - FLUM and Rezoning (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) 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. C. Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd 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 Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission for the Future Land Use Map amendment for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd 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 Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Attachments: ^ Location Map ^ Future Land Use Map ^ Zoning Map 7 > > > a a a N.E. 0 z is G~ A T L A N T I C w nnQ S.E. z 0 ~- z (/) '~~ 1ST Lei vi ST. SUBJECT NEW URBAN PARK SITE PROPERTY CITY OF DELRAY BEACH, FL FUTURE LAND USE MAP PLANNING & ZONING DEPARTMENT -- D/GITAL H4S£ MAP SYSTEM -- MAP REF: LM1001A 1ST L~.i z ST. ~- ~- L<i z A V E N U E 0 N w Q w Q a Q N.E. 2ND ST. 0 `~ Q > o Q o_ J Q ~ ~ w U ~ ~ N Z W ~ ~ N.E. 1ST ST. CF HA w w z z A T L A N T I C A V E N U E w ~ w > > Q Q z 0 0 z N ~ E (n 1ST ST. L~:I ~ Lli ~ L<i w vi ~ ~= SUBJECT NEW URBAN PARK SITE PROPERTY CITY OF DELRAY BEACH, FL EXISTING ZONING MAP PLANNING k ZONING DEPARTMENT -- DlC/TAL QASE MAP SYSTEM -- MAP REF: LM7001B MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~' SUBJECT: AGENDA ITEM # ~ ~ ~ -REGULAR MEETING OF MAY 15, 2007 ORDINANCE N0.18-07 DATE: MAY 11, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated amendment to the Land Development Regulations (LDR), amending Section 6.1.2 "Streets and Alleys", Subsection 6.1.2(A), "Improvement Obligations", to correct a reference to an LDR Section that has been relocated elsewhere in the code. BACKGROUND At the first reading on May 1, 2007, the Commission passed Ordinance No. 18-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 18-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 1&07 Amend LDR Sec 6.1.2 Streets & Alleys 2nd Reading.05.15.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER • n PAUL DORLING, AICP, DIRECTOR PLANNING AND Z NIN THROUGH: CITY MANAGER ~¢~ DATE: APRIL 25, 2007 SUBJECT: AGENDA ITEM # ~ ~ ~ ~V -REGULAR MEETING OF MAY 1.2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR). AMENDING SECTION 6.1.2 "STREETS AND ALLEYS", SUBSECTION 6.1.2(A~, "IMPROVEMENT OBLIGATIONS." ITEM BEFORE COMMISSION The item before the Board is approval of aCity-initiated amendment to the Land Development Regulations to correct a reference to an LDR Section that has been relocated elsewhere in the code. This section deals with the responsibility for off-site improvements to streets and alleys. 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. BACKGROUND On March 16, 1999, the City Commission adopted Ordinance No. 12-99, to clarify the requirement that all improved lots are to be accessed from a paved street, road or alley. The amendment included relocating most of Section 5.3.1(E), "Improvement Obligations," and its subsections to Section 6.1.2(A). Section 6.1.2(A)(2)(b) incorrectly references the old Section 5.3.1(E)(2)(a), which was relocated to 6.1.2(A)(2)(a). The purpose of this amendment is to correct that reference. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on April 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote (Pike stepped down), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 18-07, amending Land Development Regulations (LDRs) Section 6.1.2 "Streets and Alleys," Subsection 6.1.2(A), "Improvement Obligations," to correct the reference to an LDR section that has been relocated elsewhere in the code, 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), with second reading to occur on May 15, 2007. Attachments: ^ Ordinance No. 18-07 ^ Planning & Zoning Staff Report of April 16, 2007 ORDINANCE NO. 18-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 6.1.2, "STREETS AND ALLEYS", SUBSECTION 6.1.2(A), "IMPROVEMENT OBLIGATIONS", TO CORRECT THE REFERENCE TO AN LDR SECTION THAT HAS BEEN RELOCATED ELSEWHERE IN THE CODE; 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 April 16, 2007, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 6.1.2, "Streets and Alleys", Subsection 6.1.2(A), "Improvement Obligations", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: (A) Improvement Obligations: Concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements as identified in Section 5.3.1(C) and off-site improvements to the following extents. (1) When the street or alley is totally contained within a subdivision or development project, all improvements necessary to accommodate the demands and impacts of the project shall be provided. (2) When the street or alley is located on a boundary of the project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line unless the project requires greater participation as follows in subsections (a) or (b). (a) When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the project in addition to the improvements on its side of the center line ofright-of--way. (b) When additional travel lanes are required to accommodate demands made by the project, then the project needs to provide such additional traffic lanes in addition to the improvements on its side of the center line of right-of--way and those required by }(~(-~} 6.1.2(A)(2)(a). (3) Off-site improvements must be provided as imposed by conditions of approval on the development application. 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 MAYO R 2 ORD. NO. 18-07 City Clerk First Reading Second Reading ORD. NO. 18-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: APRIL 16, 2007 AGENDA NO: IV. C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs), AMENDING SECTION 6.1.2 "STREETS AND ALLEYS", SUBSECTION 6.1.2(A), "IMPROVEMENT OBLIGATIONS," TO CORRECT THE REFERENCE TO AN LDR SECTION THAT HAS BEEN RELOCATED ELSEWHERE IN THE CODE. ITEM BEFORE THE BOARD 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 (LDRs) Subsection 6.1.2(A), "Improvement Obligations," to correct the reference to an LDR Section that has been relocated elsewhere in the code. This section deals with the responsibility for off-site improvements to streets and alleys. 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. BACKGROUNDIANALYSIS On March 16, 1999, the City Commission adopted Ordinance No. 12-99, to clarify the requirement that all improved lots are to be accessed from a paved street, road or alley. Those changes were necessary, given a courts ruling in the Powell case that indicated that the LDRs, as written, "could not reasonably be interpreted to impose such a paving requirement. The inability of the Courts to interpret the LDRs came from confusion relating to the location of certain LDR sections, inappropriately located subsections, and lack of references to the regulations applying to alleys as well as to streets. The 1999 amendment included relocating most of Section 5.3.1(E), "Improvement Obligations," and its subsections to Section 6.1.2(A). Since Chapter 5 deals with Subdivision Regulations, this relocation was made to clarify the fact that the improvement obligations apply to all development in the City, not just subdivided property. Section 6.1.2(A)(2)(b) incorrectly references the old Section 5.3.1(E)(2)(a), which was relocated to 6.1.2(A)(2)(a). The purpose of this amendment is to correct that reference. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): 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. IV. C. Planning and Zoning Board Memorandum Staff Report, April 16, 2007 Amendment to LDRs Pertaining to the Improvement Obligations for Streets and Alleys Page 2 Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS Courtesy Nofices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to correctly reference an LDR Section that has been relocated elsewhere in the code. This correction will allow the requirements of the applicable Sections to be interpreted as they were intended. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations (LDRs), amending Section 6.1.2 "Streets and Alleys," Subsection 6.1.2(A), "Improvement Obligations," to correct the reference to an LDR section that has been relocated elsewhere in the code, 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 Amendment MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~j'v ` SUBJECT: AGENDA ITEM # ~ ~ ° ~> -REGULAR MEETING OF MAY 15, 2007 ORDINANCE N0.19-07 DATE: MAY 11, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 33.687, "Early Retirement Incentive", which allows the City to open early retirement windows for police or fire instead of opening an early retirement window for both. BACKGROUND At the first reading on May 1, 2007, the Commission passed Ordinance No. 19-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 19-07 on second and final reading. S:\City Ckrk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 19-07 Amend Chptr 33 Sec.33.6g7 Early Retirement Incrntive 2nd Reading.05.15.07.doc ok °%+~ MEMORANDUM TO: Mayor and City Commissioners David Harden, City Manager FROM: Susan A. Ruby, City Attorney DATE: Apri125, 2007 SUBJECT: AGENDA ITEM # ~ -REGULAR MEETING OF MAY 1, 2007 ORDINANCE N0.19-07 AMENDING THE POLICE AND FIRE PENSION PLAN, SECTION 33.687, "EARLY RETIREMENT INCENTIVE" ITEM BEFORE COMMISSION Ordinance No. 19-07 amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the Code of Ordinances of the City by amending Section 33.687, "Early Retirement Incentive" to allow the City to open early retirement windows for police or fire instead of opening an early retirement window for both. BACKGROUND Currently the early retirement window must be opened for both Police and Fire at the same time. This has been a problem when one department wants to open the window but the other is understaffed. Trish Shoemaker from the Division of Retirement has indicated there is no statutory impediment to the amendment allowing the window to be opened separately for each department. FUNDING SOURCE N/A RECOMMENDATION Recommend City Commission approval of Ordinance No. 19-07 amending Section 33.687 "Early Retirement Incentive" of the Code of Ordinances of the City to allow the early retirement window to be opened for police or fire members. cc: Joe Safford, Finance Director Bruce Koeser, Human Resources Director Stephen H. Cypen, Esq. Chairman of the Police and Fire Pension Board Lt. Joe Liguori James W. Linn, Esq. ORDINANCE NO. 19-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.687, "EARLY RETIREMENT INCENTIVE"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.687 "EARLY RETIREMENT INCENTIVE", to read as follows: Sec. 33.687. EARLY RETIREMENT INCENTIVE. (A) Effective January 1, 1994, an eazly retirement incentive shall be provided to employees in accordance with this Section. The availability of the eazly retirement incentive in any calendaz yeaz shall be determined by the City. (B) Employees with eighteen (18) and up to, but not including, twenty (20) yeazs of continuous service shall be eligible for the eazly retirement incentive. In any calendar yeaz in which the City determines that the eazly retirement incentive will be offered, eligible employees shall be given an opportunity to decide within a specified time period (thirty (30) to ninety (90) days) whether they wish to receive the early retirement incentive and retire from city employment. The City will provide at least sixty (60) days advance notice to eligible employees of the early retirement incentive offering, which may, be limited to police officer members or firefighter members. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ion 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST: MAYOR City Clerk First Reading Second Reading 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: MAY 7, 2007 SUBJECT: PURCHASE OF VACANT PROPERTY -144 SW 11'" AVENUE ITEM BEFORE COMMISSION This property shall be used for the construction of parking spaces for the Neighborhood Resource Center. BACKGROUND The City will enter into an interlocal agreement with the CRA to provide that the CRA will fund this purchase. FUNDING SOURCE The Community Redevelopment Agency will by funding the purchase. RECOMMENDATION Approval of Resolution 34-07 RESOLUTION NO.34-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM PROPERTIES UNLIMITED GROUP INC. ("OWNER") CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE OWNER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain vacant property located at 144 SW 11`h Avenue to construct parking spaces for the Neighborhood Resource Center; and WHEREAS, the Owner desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from the Owner, as Seller, land to construct parking spaces for the Neighborhood Resource Center, a public purpose, for the purchase price of One Hundred Twenty Thousand Dollars ($120,000.00), and other good and valuable consideration, said parcel being more particularly described as follows: Lot 24, Block 6, ATLANTIC GARDENS, according to the plat thereof as recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida. Section 2. That the terms and conditions contained in the Contract for Sale and Purchase and addenda thereto between the City of Delray Beach, Florida, and the Owner are incorporated herein. PASSED AND ADOPTED in regular session on the day of , 2007. ATTEST: MAYOR City Clerk PARTIES AND DESCRIPTION OF PROPERTY 1. SALE AND PURCHASE: PROPERTIES UNLIMITED C3ROUP INC (~~~ and CITY OF DELRAY BEACH ("Buyer's agree to sell and buy on the terms and conditions specified below the property ("Property") described as: ACl(~YeSS: 144 SW 11TH. AVS DELRAY BEACH FL 33444 Legal DeSCrlptlOn: ATLANTIC GARDENS DELRAY LT z4 BLK 6 1z-43-46-17-23-006-OZ40 including all improvements and the following additional property: x/A 2. PURCHASE PRICE: S (a) Slo.oo PRICE AND FINANCING lz o , o 0 0 . o o payable by Buyer in U:S. funds as follows: Deposit received (checks are subject to clearance) June 1, 2007 by for ("Escrow Agent") Signature (b) S (c) N/A Name of Company Additional deposit to be delivered to Escrow Agent by_ or days from Effective Date (10 days if left blank). Total financing (see Paragraph 3 below) (express as a dollar amount or percentage) (d) $ Other: (e) $ 119,990.00 Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds paid at closing must be paid by locally drawn cashier's check, official check or wired funds. ^ (f) (complete only if purchase price will be determined based on a per unit cost instead of a fixed price) The unit used to determine the purchase price is ^ lot ^ acre ^ square foot ^ other (specify: prorating areas of less than a full unit. The purchase price will be $ per unit based on a calculation of total area of the Property as certified to Buyer and Seller by aFlorida-licensed surveyor in accordance with Paragraph 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation: 3. CASH/FINANCING: (Check as applicable) ^ (a) Buyer will pay cash for the Property with no financing contingency. ^ (b) This Contract is contingent on Buyer qualifying and obtaining the commitment(s) or approval(s) specified below (the "Financing") within days from Effective Date (if left blank then Closing Date or 30 days from Effective Date, whichever occurs first) (the "Financing Period"). Buyer will apply for Financing within days from Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the Financing within the Financing Period, either party may cancel this Contract and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all interested parties. O (1) New Financing: Buyer will secure a commitment for new third party financing for $ or of the purchase price at the prevailing interest rate and loan costs based on Buyer's creditworthiness. Buyer will keep Seller and Broker fully informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all such information to Seller and Broker. O (2) Seller Financing: Buyer will execute a ^ first ^ second purchase money note and mortgage to Seller in the amount of $ __ ,bearing annual interest at % and payable as follows: The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow forms generally accepted in the county where the Property is located; will provide for a late payment fee and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous Buyer (_) (_) and Seller (_) (_) acknowledge receipt of a copy of this page, which is Page 1 of 7 Pages. parcels, if applicable; and will require Buyer to keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller to obtain credit, employment and other necessary information to determine creditworthiness for the financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or not Seller will make the loan. O (3) Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to LN# in the approximate amount of $ currently payable at per month including principal, interest, ^ taxes and insurance and having a ^ fixed ^ other (describe) interest rate of % which ^ will ^ will not escalate upon assumption. Any variance in the mortgage will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow account dollar for dollar. If the lender disapproves Buyer, or the interest rate upon transfer exceeds % or the assumption/transfer fee exceeds $ ,either party may elect to pay the excess, failing which this agreement will terminate and Buyer's deposit(s) will be returned. CLOSING 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on or before auto and. ,_ zoos ,_unless extended by other provisions of this Contract. If on Closing Date insurance underwriting is suspended, Buyer may postpone closing up to 5 days after the insurance suspension is lifted. If this transaction does not close for any reason, Buyer will immediately return all Seller-provided title evidence, surveys, association documents and other items. 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller (in local cashier's checks if Seller requests in writing at least 5 days prior to closing) and brokerage fees to Broker as per Paragraph 17. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. (a) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure title; title evidence (if applicable under Paragraph 8); Other: documentary stamps (b) Buyer Costs: Buyer will pay recording fees on the deed and financing statements; loan expenses; lender's title policy at the simultaneous issue rate; inspections; survey and sketch; insurance; Other: (c) Titls Evidence and Insurance: Check (1} or (2): (1) The title evidence will be a Paragraph 8(a)(1) owner's title insurance commitment. ^ Seller Buyer will select the title agent. ^ Seller "' Buyer will pay for the owner's title policy, search, examination and related charges. Each party will pay its own closing fees. ^ (2) Seller will provide an abstract as specified in Paragraph 8(a)(2) as title evidence. ^ Seller ^ Buyer will pay for the owner's title policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and lien search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees. (d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate taxes, interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for the current year cannot be determined, the previous year's rates will be used with adjustment for any exemptions. PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. (e) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will pay (i) the full amount of liens that are certified, confirmed and ratified before closing and (ii) the amount of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but has not resulted in a lien before closing, and Buyer will pay all other amounts. (f) Tax Withholding: If Seller is a "foreign person" as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount to the Internal Revenue Service (IRS) unless an exemption applies. The primary exemptions are (1) Seller provides Buyer with an affidavit that Seller is not a "foreign person", (2) Seller provides Buyer with a Withholding Certificate providing for reduced or eliminated withholding, or (3) the gross sales price is $300,000 or less, Buyer is an individual who purchases the Property to use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property for at least 50% of the number of days the Property is in use during each of the first two 12 month periods after transfer. The IRS requires Buyer and Seller to have a U.S. federal taxpayer identification number ('TIN"). Buyer and Seller agree to execute and deliver as directed any instrument, affidavit or statement reasonably necessary to comply with FIRPTA requirements including applying for a TIN within 3 days from Effective Date and delivering their respective TIN or Social Security numbers to the Closing Agent. Buyer ( ) ( )and Seller (_) (_) acknowledge receipt of a copy of this page, which is Page 2 of 7 Pages. If'Seller applies for a withholding certificate but the application is still pending as of closing, Buyer will place the 10% tax in escrow at Seller's expense to be disbursed in accordance with the final determination of the IRS, provided Seller so requests and gives Buyer notice of the pending application in accordance with Section 1445. If Buyer does not pay sufficient cash at closing to meet the withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the requirement. Buyer will timely disburse the funds to the IRS and provide Seller with copies of the tax forms and receipts. (g) 1031 Exchange: If either Seller or Buyer wishes to enter into alike-kind exchange (either simultaneously with closing or after) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party will cooperate in all reasonable respects to effectuate the Exchange including executing documents; provided, however, that the cooperating party will incur no liability or cost related to the Exchange and that the closing shall not be contingent upon, extended or delayed by the Exchange. PROPERTY CONDITION 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, with conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the landscaping and grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. (a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which flood zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and rebuilding in the event of casualty. (b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which affect Buyer's intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study Period has expired or if Buyer has checked choice (c)(2) below. (c) Inspections: (check (7) or (2) below) (1) Feasibility Study: Buyer will, at Buyer's expense and within Zo days from Effective Date ("Feasibility Study Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any nature, including attorneys' fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all interested parties. ^ (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being satisfied that either public sewerage and water are available to the Property or the Property will be approved for the installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations. (d) Subdivided Lands: If this Contract is for the purchase of subdivided lands, defined by Florida Law as "(a) Any contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, units, or interests; or (b) Any land, whether contiguous or not, which is divided or proposed to be divided into 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan.", Buyer may cancel this Contract for any reason whatsoever for a period of 7 business days from the date on which Buyer executes this Contract. If Buyer elects to cancel within the period provided, all funds or other property paid by Buyer will be refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer. 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before closing, or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, Buyer ( ) (_) and Seller ( ) (_) acknowledge receipt of a copy of this page, which is Page 3 of 7 Pages. or if an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may cancel this Contract by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in accordance with this Contract and receive all payments made by the government authority or insurance company, if any. TITLE 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or guardian deed as appropriate to Seller's status. (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent Buyer's intended use of the Property as VACANT LAND :_COVenant5, easements and restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller will discharge at or before closing. Seller will deliver to Buyer Seller's choice of one of the following types of title evidence, which must be generally accepted in the county where the Property is located (specify in Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County. (1)A title insurance commitment issued by aFlorida-licensed title insurer in the amount of the purchase price and subject only to title exceptions set forth in this Contract and delivered no later than 2 days before Closing Date. (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the Property recorded in the public records of the county where the Property is located and certified to Effective Date. However if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt of title evidence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days from receipt of Buyer's notice of defects ("Curative Period") to cure the defects at Seller's expense. If Seller cures the defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to cure the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice to Seller, within 5 days from receipt of survey but no later than 5 days prior to closing, of any encroachments on the Property, encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a title defect and Buyer's and Seller's obligations will be determined in accordance with subparagraph (b) above. If any part of the Property lies seaward of the coastal construction control line, Seller will provide Buyer with an affidavit or survey as required by law delineating the line's location on the property, unless Buyer waives this requirement in writing. MISCELLANEOUS 9. EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the date on which the last of the parties initials or signs the latest offer. Time is of the essence for all provisions of this Contract. All time periods expressed as days will be computed in business days (a "business day" is every calendar day except Saturday, Sunday and national legal holidays). If any deadline falls on a Saturday, Sunday or national legal holiday, performance will be due the next business day. All time periods will end at 5:00 p.m. local time (meaning in the county where the Property is located) of the appropriate day. 10. NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will render that contingency null and void and the Contract will be construed as if the contingency did not exist. Any notice, document or item given to or received by an attorney or Broker (including a transaction broker) representing a party will be as effective as if given to or by that party. il. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. Modifications of this Contract will not be binding unless in writing, signed or initialed and delivered by the parry to be bound. This Contract, signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. Buyer and Seller will use diligence and good faith in performing all obligations under this Agreement. This Contract will not be recorded in any public records. 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, personal representatives and assigns (if permitted) of Buyer, Seller and Broker. Buyer ( ) (_) and Seller ( ) (_) acknowledge receipt of a copy of this page, which is Page 4 of 7 Pages. DEFAULT AND DISPUTE RESOLUTION 13. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without waiving the right to seek damages or to seek specific performance as per Paragraph 14. Seller will also be liable to Broker for the full amount of the brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including timely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated damages or to seek specific performance as per Paragraph 14; and Broker will, upon demand, receive 50% of all deposits paid and agreed to be paid (to be split equally among cooperating brokers except when closing does not occur due to Buyer not being able to secure Financing after providing a Commitment, in which case Broker's portion of the deposits will go solely to the listing broker) up to the full amount of the brokerage fee. 14. DISPUTE RESOLUTION: This Contract will be construed under Florida law and venue shall be in Palm Beach County. AR ~' ESCROW AGENT AND BROKER 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 16. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations that are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, etc.) and for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does not reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records. Buyer agrees to rely solely on Seller, professional inspectors and governmental agencies for verification of the Property condition and facts that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loss or damage based on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; (2) Broker's performance, at Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by any vendor; and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. Buyer ( ) (_) and Seller ( ) )acknowledge receipt of a copy of this page, which is Page 5 of 7 Pages. Setting Sales Associate2icenseNo. Selling Firm/Brokerage Fee: ($ or % of Purchase Price) Listing Sales Associate2icenseNo. Listing Firm/Brokerage fee: ($ or % of Purchase Pricel ADDITIONAL TERMS 18. ADDITIONAL TERMS: Buyer ( ) (_) and Seller (_) ( )acknowledge receipt of a copy of this page, which is Page 6 of 7 Pages. . This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. OFFER AND ACCEPTANCE (Check if applicable: ^ Buyer received a written real property disclosure statement from Seller before making this Offer.) Buyer offers to purchase the Property on the above terms and conditions. Date: Buyer: _ Print name: Date: Buyer: _ Phone: Print name: Fax: Address: E-mail: Date: Seller: _ Print name: Date: Seller: _ Phone: Print name: Fax: Address: _ E-mail: .B Buyer ( )( )and Seller ( )( )acknowledge receipt of a copy of this page, which is Page 7 of 7 Pages. The Florida Assocation of xs Tdls and local Board/Association of aFx~s make no representation as to the legal validity or adequacy of any provision of this form in any spedfic transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identrfy the user as a Realtor Realtor is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of Ren~roas and who subscribe to its Code of Ethics. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY ~// DATE: May 8, 2007 SUBJECT: AGENDA ITEM # I ~ • ~ -REGULAR MEETING OF MAY 15, 2007 INTERLOCAL AGREEMENT WITH THE CRA ITEM BEFORE COMMISSION The attached interlocal agreement between the City and the Community Redevelopment Agency provides that the CRA shall fund the City purchase of the vacant property located at 144 SW 11`~ Avenue in the amount of $120,000.00. The property will be used as additional parking area for the. Neighborhood Resource Center. BACKGROUND The CRA has already approved this Agreement. FUNDING SOURCE N/A RECOMMENDATION Approval INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE PURCHASE OF 144 S.W. 11TH AVENUE BY THE CITY THIS AGREEMENT is made this day of , 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the City wishes to purchase certain property located at 144 S.W. 11th Avenue (the "Property') in order to allow for the expansion of the Neighborhood Resource Center and will be used to further the objectives of the Southwest Neighborhood Plan; and WHEREAS, the CRA will provide funding for the purchase of the property located at 144 S.W. 11th Avenue in the amount of $120,000.00 plus certain closing costs. 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 hereby incorporated herein. 2. Duties and Responsibilities: The City shall purchase the property located at 144 S.W. 11th Avenue from its current owner for the purchase price of $120,000.00 within 120 days of the execution of this Agreement. The CRA shall, either pay the purchase price and closing costs directly to the seller at closing, or if the City pays the purchase price and closing costs, then within 30 days of the closing of the purchase of the property, reimburse the City for the costs incurred by the City. The CRA shall not have a duty to pay any costs if the City does not purchase the property. 3. Term: The term of this Agreement shall commence upon execution by both parties and shall continue until the purchase of the property has been completed and the CRA has paid the required funds for the purchase of the property. 4. Filin :This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 5. Entire Agreement: No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 6. Severability: The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 7. Governing Laws; Venue: This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 8. Assignability: The City may assign or transfer rights or interest in this Agreement. 9. Validity of Agreement: This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA 2 City Clerk Approved as to Form: City Attorney ATTEST: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH By: Rita Ellis, Mayor COMMUNITY REDEVELOPMENT AGENCY By: Print Name: The foregoing instrument was acknowledged before me this day of , 2007, by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida 3