The URL can be used to link to this page

06-19-07 Agenda RegCity of Delray Beach Regular Commission Meeting .~~.. . RULE8 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, June 19, 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 NW 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 City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 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. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: • June 4, 2007 -Regular Meeting • June 12, 2007 -Workshop Meeting 6. PROCLAMATIONS: A. Recognizing Bahamian Independence Day PRESENTATIONS: A. Government Finance Officers Association -Distinguished Budget Award Presentation 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL PLAT APPROVAL/YACHT CLUB AT DELRAY BEACH: Approve the final plat for the Yacht Club at Delray Beach plat, located on the west side of MacFarlane Drive, between Ingraham Avenue and Miramar Drive. B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/133 AND 135 NW 5TH AVENUE: Approve and accept the right-of--way deeds for the dedication of the right- of-way from N.W. 5''' Avenue and the alley parallel to NW 5`'' Avenue at 133 and 135 NW 5~' Avenue. C. REQUEST FOR SIDEWALK DEFERRAL/25 NW 16TH STREET: Approve a request to defer the installation of a sidewalk in front of 25 NW 16`'' Street. Staff recommends approval. D. REQUEST FOR SIDEWALK DEFERRAL/902 NW 2ND AVENUE: Approve a request to defer the installation of a sidewalk in front of 902 NW 2"d Avenue. Staff recommends approval. E. RE zUEST FOR SIDEWALK DEFERRAL/906 NW 2ND AVENUE: Approve a request to defer the installation of a sidewalk in front of 906 NW 2°d Avenue. Staff recommends approval. F. REQUEST FOR SIDEWALK DEFERRAL/912 NW 2ND AVENUE: Approve a request to defer the installation of a sidewalk in front of 912 NW 2"d Avenue. Staff recommends approval. 06-19-2007 -2- G. CONTRACT ADDITION (C O NO 2)/BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENT PROTECT/CHAZ EQUIPMENT COMPANY, INC.: Approve Contract Addition (C.O. No. 2) to the Block 64 Drainage and Water Main Improvements Project in the amount of $69,540.00 to Chaz Equipment Company, Inc. for the replacement of a collapsed Sanitary Sewer Main located between SW 3`~ Street and SW 4~` Street. Funding is available from 442-5178- 536-65.33 (Water/Sewer Renewal & Replacement Fund/Block 64 Improvements) after budget transfer. H. rONTRACT CLOSEOUT (,C O NO 2/FINAL)/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Closeout (C. O. No. 2/Final) in the amount of a $65,124.34 decrease and final payment in the amount of $35,428.19 to Chaz Equipment Company, Inc. for the completion of the A-1-A Water Main Upgrade Project. Funding is available from 442-5178-536-65.27 (Water/Sewer Renewal & Replacement Fund/Other Improvements/SR A-1-A/East Atlantic Avenue/Pelican). I. CONTRACT CLOSEOUT (C O NO 2/FINAL)/HORSEPOWER ELECTRIC, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of an $11,047.50 decrease and final payment in the amount of $16,132.23 to Horsepower Electric, Inc. for the completion of the US 1 at Tropic Boulevard Signalization Project. Funding is available from 334-3162-541-65.68 (General Construction Fund/US 1 at Tropic Boulevard). J. CONTRACT CLOSEOUT (C O NO 2/FINAL)/ROSSO PAVING & DRAINAGE, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of $19,167.10 and final payment in the amount of $83,345.24 to Rosso Paving & Drainage, Inc. for completion of the Eagle Park Project. Funding is available from 380- 4150-572-63.23 (2004 G.O. Bond/Other Improvements/Neighborhood Parks). K. PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL SERVICES/RESOLUTION NO. 36-07: Approve the application fora non- matching grant to the Palm Beach County Department of Emergency Medical Services in an estimated amount of $46,340.00 to purchase five (5) Stryker Model 6500 Power- Pro Ambulance Patient Stretchers; and approve Resolution No. 36-07. L. SPECIAL EVENT REQUEST/30'~ ANNUAL ROOTS CULTURAL FESTIVAL/YOUTH AND ADULT BASKETBALL TOURNAMENTS: Consider approval of a special event request from the Roots Cultural Festival, Inc. for a Youth Basketball Tournament proposed to be held from 6:00 p.m. -11:00 p.m. on July 20, 2007, 9:00 a.m. - 11:00 p.m. on July 21, 2007 and 9:00 a.m. - 6:00 p.m. on July 22, 2007 and the Adult Basketball Tournament proposed to be held from 6:00 p.m. - 11:00 p.m. on August 3, 2007, 9:00 a.m. - 11:00 p.m. on August 4, 2007 and from 9:00 a.m. - 6:00 p.m. on August 5, 2007; authorize staff support for security and signage; waiver of facility rental fee for Ciry facilities and event signage to be installed no earlier than ten (10) days prior to the event; contingent upon sponsor providing a liability insurance certificate, and a hold harmless agreement. 06-19-2007 -3- M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 4, 2007 through June 15, 2007. N. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Caler, Donten, Levine, Druker, Porter & Veil, P.A. for professional audit services for FY 2007 in the amount of $105,800.00; FY 2008 in the amount of $112,150.00; and FY 2009 in the amount of $118,900.00. Funding is available from various departmental operating budgets. 2. Contract award to the Florida Coca-Cola Bottling Company for a three (3) year contract with the option to extend the contract fox one (1) three (3) year period for beverage vending services and fountain services. 9. REGULAR AGENDA: A. REQUEST FOR REFUND OF CODE ENFORCEMENT BOARD LIEN: Consider a request to refund $2,500.00 of a $3,000.00 Code Board Lien paid in January by Michael Lefebvre. Staff recommends denial. B. CANCEL AND RE-WRITE OF EXCESS PROPERTY INSURANCE PROGRAM: Consider a request for approval to cancel and re-write current excess property insurance program to take advantage of "pre-hurricane" season current low insurance rates. C. LAKEVIEW GOLF COURSE RECLAIMED WATER MAIN: Consider a request to authorize staff to proceed with design Option #2 for providing reclaimed water to the Lake View Golf Course, which includes modifying an existing lake for receiving and re-pumping of water in conjunction with the construction of approximately 3,025 linear feet of reclaimed water main at an estimated cost of $358,600.00. D. RESOLUTION NO 37-07/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCY/INTERLOCAL AGREEMENT/MULTIPLE PARKING LOT PROPERTIES: Consider approval of Resolution No. 37-07 authorizing the City to purchase certain parking lots located in the Seacrest Neighborhood and on S.W. 4`s Avenue for public parking; and approve Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) in the amount of $10.00; and approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the transfer of the parking lots. E. AUTHORIZATION TO PARTICIPATE IN CLASS ACTION LAWSUIT AGAINST ARTHUR i. GALLAGHER ENTITIES: Consider a request for authorization to participate in the Class Action Lawsuit regarding insurance brokerage and employee benefit insurance antitrust litigation against Arthur J. Gallagher Entities. 06-19-2007 -4- F. AUTHORIZATION TO FILE APPEAL/MARGEUNE ST. iUSTE V. CITY OF DELRAY BEACH: Consider a request for authorization to file an appeal to the Fourth District Court of Appeals in the case of Margeune St. Juste v. the City of Delray Beach. G. REJECTION OF BIDS/RFP 2006-057: Consider rejection of all bids received in response to RFP 2006-057 regarding parking meters. H. NON-RENEWAL OF AGREEMENT/PREARRANGEMENTS OF DELRAY, IN Consider a request regarding the non-renewal of the contract between the City and Prearrangements of Delray, Inc.; and authorize staff to send a Notice of Non- Renewal to the same. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) for a four (4) year term ending July 1, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) for a three (3) year term ending July 1, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). K. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint two (2) student members to the Police Advisory Board to serve unexpired terms ending December 13, 2007 and December 13, 2008. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5). L. APPOINTMENT TO THE PALM BEACH COUNTY HOMELESS ADVISORY BOARD: Consideration of the appointment of the City Commission to the Palm Beach County Homeless Advisory Board. 10. PUBLIC HEARINGS: A. ORDINANCE NO 21-07 (SECOND READING/SECOND PUBLIC HEARINGI: Community Redevelopment Agency (CRA) initiated amendment to the Land Development Regulations (LDR), amending Section 4.4.13, "Central Business District (CBD)," Subsection 4.4.13(H)(1), to provide an exemption to the prohibition of office uses on the ground floor of buildings on East Atlantic Avenue. B. ORDINANCE NO. 20.07: City initiated amendment to the Land Development Regulations (LDR), amending Section 4.4.25, "Special Activities District (SAD)", Subsection 4.4.25(C) to shift the authority for approval of site plans, landscape plans, and architectural elevations from the Planning and Zoning Board to the Site Plan Review and Appearance Board for projects located in the Special Activities District (SAD). 06-19-2007 -5- 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 ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JUNE 1S, 2007 OG-19-2007 -6- JUNE 4, 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., Monday, June 4, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Mayor Rita Ellis Absent - Commissioner Brenda Montague Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Ron Arflin, Chaplain with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.I., Subdivision Improvement Agreement/Cannery Row, LLC be moved to the Regular Agenda as Item 9.A.A. and Item 8.V.1., Bid Award to Conco Horticultural, Inc. be moved to the Regular Agenda as Item 9.A.A.A. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of May 15, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 06/04/07 6. PROCLAMATIONS: 6.A. National Clean Beaches Week -June 29 -July 5, 2007 Mayor Ellis stated this proclamation will be mailed. 6.B. Parks and Recreation Month -July 2007 Mayor Ellis read and presented a proclamation hereby proclaiming July, 2007, as "Parks and Recreation Month" in Delray Beach. Danielle Beardsley, Recreation Supervisor III (Marketing)/Parks and Recreation Department, came forward to accept the proclamation. 6.C. Recognizing and Commending Ed Noon, Mike Gaylord, Conor Gorman, Luigi Pratt and Scott Moore -Ocean Rescue Division Mayor Ellis read and presented a proclamation hereby recognizing and commending Ocean Rescue Officer Ed Noon, EMT, Ocean Rescue Officer Mike Gaylord, EMT, Ocean Rescue Officer Conor Gorman, EMT, Ocean Rescue Officer Luigi Pratt, EMT, Ocean Rescue Officer Trainee Scott Moore for their immediate and appropriate action in an emergency. Ed Noon, Luigi Pratt, Scott Moore and Bob Taylor came forward and gave a few brief comments. 6.D. National HIV Testing Day -June 27, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming June 27, 2007 as National HIV Testing Day. Cory Bozovsky came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVAL/MORSE DELRAY TOYOTA RE-PLAT: Approve the final boundary plat for the Morse Delray Toyota Re-Plat, located between US 1 and Old Dixie Highway, just north and south of LaMat Avenue. 8.B. ACCEPTANCE OF EASEMENT DEED/4999 WEST ATLANTIC AVENUE: Approve and accept an easement deed for the installation of a fire hydrant to serve the proposed new Walgreens located at the northeast corner of West Atlantic Avenue and Military Trail (Store #5489). -2- 06/04/07 8.C. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/334 N.E. 3rd AVENUE: Approve and accept aright-of--way deed between the City and Kilbourne & Zeitz, Inc., for the property located at 334 N.E. 3rd Avenue. B.D. HOLD HARMLESS AGREEMENT/855 SOUTH OCEAN BOULEVARD: Approve and accept a hold harmless agreement between the City and Mark Timothy, Inc. to allow the property owner to connect to the utilities on the Florida Department of Transportation (FDOT) right-of--way, located at 855 South Ocean Boulevard. 8.E. HOLD HARMLESS AGREEMENT/SEAGATE HOTEL: Approve and accept a hold harmless agreement between the City and HHC Atlantic, LLC associated with the Seagate Hotel project for the installation and maintenance of the wall mounted light fixtures that extend within the Atlantic Avenue right-of--way, located on the south side of East Atlantic Avenue, between Venetian Drive and Gleason Street. 8.F. CONTRACT ADDITION (C.O. NO. 41/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Addition (C.O. No. 4) in the amount of $410,227.80 to Chaz Equipment Company, Inc. for the additional work required for the S.E./N.E. 1St Street One Way Pair Project. Funding is available from 448-5461-538- 65.88 (Storm Water Utility Fund/Other Improvements/S.E./N.E. 1St Street One Way Pair) and 334-3162-541-65.88 (General Construction Fund/Capital Outlay/S.E./N.E. 1St Street One Way Pair). 8.G. SERVICE AUTHORIZATION NO. 9/HIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 9 in the amount of $22,500.00 to Kimley-Horn and Associates, Inc. for the design process of the temporary modifications to US 1 between S.E. 10th Street and George Bush Boulevard. Funding is available from 334-4141-572-65.99 (General Construction Fund/S.E./N.E. 5th and 6th Avenues) after transfer from the Community Redevelopment Agency (CRA). 8.H. INTERLOCAL AGREEMENT/PALM BEACH COUNTY• Approve and authorize an interlocal agreement between the City and Palm Beach County for the transfer of Barwick Road jurisdictional responsibility from Palm Beach County including the payment of $134,000.00 to the City for resurfacing and the installation of a traffic separator at the intersection of Barwick Road and West Atlantic Avenue. 8_I. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A 8_J. EARLY HISTORY OF DELRAY BEACH/ZION STUDY CIRCLE: Approve and authorize the adoption of the Early History of Delray Beach and its use and dissemination; and approve the use of the City of Delray Beach Logo on the Early History Timeline. 8.K. SPECIAL EVENT REQUEST/ART & JAZZ• Approve a request to endorse the Art & Jazz on the Avenue scheduled for June 28, 2007 from 6:00 p.m. to 10:00 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of -3- 06/04/07 Atlantic Avenue from Swinton Avenue to the west side of N.E./S.E. 7th Avenue, Railroad Drive from Atlantic Avenue north to the north side of the east/west alley and to the alleys north and south of Atlantic on N.E./S.E. 1St Avenue, N.E./S.E. 2na Avenue, S.E. 3Ta Avenue, N.E./S.E. 4th Avenue, and the Tennis Center parking lot; and authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. 8.L. SPECIAL EVENT REQUEST/PRO-MOTIONS SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Pro- Motions Sports Marketing to host a Volleyball Tournament to be held at the municipal beach on June 23 and 24, 2007. 8.M. AGREEMENT/PALM BEACH COUNTY/NEIGHBORHOOD RESOURCE CENTER (NRC) SHUTTERING PROJECT: Approve an agreement between the City and Palm Beach County regarding the implementation of the Neighborhood Resource Center (NRC) Shuttering Project through the Disaster Recovery Initiative (DRI) Program. B.N. AGREEMENT/PALM BEACH COUNTY/EXTENSION OF MANGO DRIVE AND S.W. 7t AVENUE: Approve an agreement between the City and Palm Beach County regarding the implementation of the extension of Mango Drive and S.W. 7th Avenue through the Disaster Recovery Initiative (DRI) Program. 8.0. AGREEMENT/CORDOBA CONSTRUCTION/AMERICAN LEGION HALL: Approve an agreement between the City, Cordoba Construction and the American Legion Hall for the re-roofing project at 196 N.W. 8th Avenue. The City shall pay Cordoba Construction $16,900.00 for the re-roofing project. Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). 8.P. ROADWAY TRANSFER AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve an agreement between the City and the Florida Department of Transportation (FDOT) that provides for FDOT to transfer Depot Road from N.W. 2na Avenue to Lake Ida to the City; and that the City shall accept the responsibility for the operation and maintenance of the road. 8~. RECONFIGURATION PLANNING PHASE AGREEMENT/MOTOROLA: Approve an agreement between the City and Motorola that Motorola shall start the reconfiguration planning phase of relocating the City's public safety communications system from its existing channels, in the 800 MHz range, to other licensed channels not located in the 800 MHz range. 8.R. RECONFIGURATION PLANNING PHASE AGREEMENT/NEXTEL: Approve an agreement between the City. and Nextel that Nextel shall fund the reconfiguration planning phase of relocating the City's public safety communications system from its existing channels, in the 800 MHz range, to other licensed channels not located in the 800 MHz range. -4- 06/04/07 8_S. DISTRIBUTION OF FY 2008 JUSTICE ASSISTANCE GRANT FUND: Approve the distribution of FY 2008 Justice Assistance Grant funds (JAG) formerly known as Byrne funds in the amount of $564,568.00 as recommended by the Criminal Justice Commission; and authorize the Mayor to send a letter agreeing to the allocation of these funds. 8.T. MULTIPLE AGREEMENTS/BLOCK 77 DEVELOPMENT GROUP, L.C./TRANSFER OF THE BLOCK 69 PARKING GARAGE: Approve the following agreements related to the transfer of the Block 69 Parking Garage to the City from the Block 77 Development Group, L.C.: Limited Parking License Agreement, Indemnification and Hold Harmless Agreement, Assignment and Assumption of Parking Space Lease, Agreement Between Adjoining Landowners, Memorandum of Understanding, Third Amendment to Parking Space Lease, Memorandum of Lease, Second Amendment to Release of Parking Easement, Guaranty Agreement, Sump Pump Installation Warranty Agreement and Mutual Estoppel Certificate. 8.U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 14, 2007 through June 1, 2007. 8.V. AWARD OF BIDS AND CONTRACTS: 1. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 2. Purchase award to Dell Incorporated in the amount of $448,086.02 per State Contract No. 250-000-03-01 for the purchase of the SAN Mirroring with VMware Virtualization Solution. Funding is available from 334-6111-521-64.11 (General Construction Fund/Computer Equipment). 3. Purchase award to Emergency Vehicle Supply LLC in the amount of $79,483.20 for the purchase of equipment for ten (10) police vehicles added to the fleet earlier this year. Funding is available from 001-2117-521-64.20, 001-2119-521-64.20 (General Fund/Automotive) and 001-2219-521-521-46.31, 001-2121-521- 46.31 (General Fund/Vehicle Maintenance/Other). 4. Purchase award to Fisher Scientific Company of Tampa in the amount of $49,123.20 for the purchase of 119 Fire Fighter Rescue Escape Devices (FFRED) to be mounted on our existing self contained breathing apparatus for the Fire-Rescue Department. Funding is available from 115-2311-522-49.90 (Special Projects Fund/Other Current Charges). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. -5- 06/04/07 9. REGULAR AGENDA: 9.A.A. SUBDIVISION IMPROVEMENT AGREEMENT/CANNERY ROW, LLC: Approve and authorize a Subdivision Improvement Agreement between the City and Cannery Row, LLC for improvements to the intersection of N.E. 1St Avenue and N.E. 3ra Street. Cannery Row, LLC shall pay the City in the amount of $5,625.00 for the improvements to the intersection. Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Dick Hasko, Director of Environmental Services, stated there is a directional error and noted the entire reference should be N.E. 3ra Street and N.E. 1St Avenue and under the "background" paragraph it is listed as "S.E.". Mr. Fetzer moved to approve, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis - Yes. Said motion passed with a 3 to 0 vote. 9.A.A.A. BID AWARD TO CONCO HORTICULTURIST, INC• Bid Award to Conco Horticulturist, Inc. in the amount of $50,050.00 for the removal of seven (7) Royal Palm Tree Stumps and the purchase of eight (8) 30' Royal Palms for Old School Square and along Seabreeze Avenue. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund/Parks and Recreation). Mr. Eliopoulos stated he would like to make sure in the future that the low bidder proposal is blank and basically says they are going to do the work for a certain amount and the next bidder that was a little higher had it thoroughly explained what they were going to do. He stated he would like to make sure that the low bidder understands the scope of services. Joe Weldon, Director of Parks and Recreation, stated staff will have him update that so that everyone is happy with what he is telling us he is going to do. Mayor Ellis suggested moving forward assuming that the full scope of services will be part of his bid. Mr. Eliopoulos moved to approve the bid award subject to appropriate work items that are acceptable to Mr. Weldon, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:25 p.m., the Commission moved to Item 9.A. of the Regular Agenda. -6- 06/04/07 9.A. 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"a Street, located in the Marina Historic District. (Quasi-Judicial Hearing) For the record, the City Attorney noted that a letter was received from the law offices of Shubin & Bass, P.A. today and was delivered to the City Commission as well as put in the file. The City Attorney stated what staff planned to do before receiving this letter was to reopen the public hearing so that there is a full ability to look at the plan and for all sides to comment on it as due process requires. Also, the City Attorney stated when the Commission discloses their ex parte communications to please make sure they tell a little bit of the substance of what that was and this is one of the requirements of law. The City Attorney stated there were issues raised dealing with the composition of the Historic Preservation Board and for the record she noted that there are named professionals that are required on the Board but one of them is a preservationist. She stated the applicants and people filling those positions do meet the definition of preservationist. 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. Mr. McDuffie stated he spoke to the Attorney for the applicant to discuss that a protest had been filed. Mr. Eliopoulos stated he spoke with the architect and had seen the proposed changes and that was the first communication with this applicant. Mayor Ellis stated she had no ex parte communications to disclose. Mr. Fetzer stated he previously disclosed that he had met with the developer, his architect, and his attorney and at that time he reviewed the initial proposed plans, basically what was described at the last Commission meeting. Mr. Fetzer stated he has not had any additional ex parte communications since that time. Mark McDonnell, AICP, Assistant Planning and Zoning Director, entered the Planning and Zoning Department project file #2007-070 into the record. Mr. McDonnell stated the requested action is for the City Commission to consider an appeal to 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 (Marina Historic District). He stated the two appellants listed as Claudia Willis and Cheryl Jones filed an appeal on April 4, 2007. On May 1, 2007, the City Commission continued the public hearing to May 15, 2007, with the instructions to the applicant that they reduce the scale and revise the application in accordance with what they had offered at that hearing. On -7- 06/04/07 May 14, 2007 revised plans were submitted and on May 15, 2007, the City Commission postponed the item to tonight's meeting (June 4, 2007) because staff did not have enough time to fully evaluate those revised plans. Mr. McDonnell stated the Planning and Zoning staff report date May 30, 2007 also provides an analysis between the previous proposal and that which is currently being considered. He stated Amy Alvarez has indicated that the proposal remains non-compatible with regard to scale and mass. Staff recommends that the City Commission approve the appeal. The City Attorney stated all previous testimony and evidence presented at the prior hearing is part of this record. Elaine D. Walters, Shubin & Bass, P.A., 46 S.W. 1st Street, 3~d Floor, Miami, FL 33130 frepresentin~ the appellants Claudia Willis and Cheryl Jones who both live within 500 feet of the proposed construction), stated their major concern is that the City is failing to follow its own laws and regulations considering the construction in the historic districts in the City of Delray Beach. She stated one of the primary concerns is that new construction is compatible with the contributing structures and meet the City's regulations. Ms. Walters stated based on the plans that have been filed, while the applicants have taken some measures to come more into line with the regulations, they have still not accomplished that goal. Ms. Walters stated that this has made this proposed construction inconsistent with the City's Comprehensive Plan, the Land Development Regulations, and the Guidelines for Historic Preservation and Development. She stated the other legal issues they were concerned with the City Attorney did address on the record. Warren Adams entered his credentials into the record and stated with regard to the appeal against the proposed project for 706 S.E. 2" Street he stated at the May 1, 2007 City Commission meeting the applicants agreed to make a number of revisions to the original plans. He stated while some of the revisions have appeared to have been made, staff has pointed out in the Historic Preservation Planner's report a number were not made. Mr. Adams stated the ones that appear to not have been made are: (1) the removal of the covered gallery, (2) the removal of the south loggia, (3) the removal of the roof over the master covered terrace. Staff recommends that the City Commission approve the appeal. Mr. Adams stated LDR Section 4.5.1(E)(7) states "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-contributing building. Any material change 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." He stated you cannot use recent construction to compare what is appropriate for historic districts. Mr. Adams commented about a statement that was made at the last meeting that the Secretary of Interior Standards cannot be applied to new construction in historic districts and that it is merely for alterations or additions. Mr. Adams stated this is incorrect and is a misinterpretation of historic preservation and the standards the City should be using. Mr. Adams stated the City's LDR's recommend that any changes must be compatible with the standards. He stated the revised plans that have been submitted -8- 06/04/07 show a total floor area of 9,464 square foot (FAR of 42%); the under air floor area is 7,060 square feet (FAR of 31 %). Mr. Adams stated the massing is also a concern in particular the east and most visible elevation which faces onto the Intracoastal Waterway. Mr. Adams suggested that consideration be given to reducing the massing of this elevation by reducing the facade length of the frontage and removing some of the second story elements. Mr. Adams stated the application is inconsistent with the Land Development Regulations, the Delray Beach Design Guidelines, the Secretary of Interior Standards and the Comprehensive Plan. Ms. Walters stated the City has done a wonderful job of setting up the historic districts and a great job with setting up a Historic Preservation Board (HPB) and hiring a Historic Planner. She urged the Commission to listen to the laws and the recommendations of the professionals and those laypeople that have been hired to help develop those standards. She stated this particular application is not consistent with the laws and is not compatible with the surrounding structures. Mark Krall (A~ent for the Applicant), stated Francisco Perez-Azua (Architect) will give a brief PowerPoint presentation regarding the changes. For the record, Mr. Krall stated everything that they stated at the prior meeting they would like to re-instate today. He stated this hearing was continued and the reason for the continuance was so that they could provide something in the alternative. Francisco Perez-Azua, Architect for the proiect, briefly reviewed the architectural elevations and the revised plans. S_ teve Harsnett, 405 S.E. 7th Avenue, Delray Beach, stated he appreciates the aesthetic content of the Marina Historic District and commented that there are many properties that are aesthetically contributing to the neighborhood and many that are not. He stated in the context of the neighborhood this project appears to be high in quality and aesthetic content but also could very easily become one of those proud structures of the Marina Historic District and not one of the many blighted structures that are there that do not seem to be getting the recognition that this house gets. Carolyn Patton, 1020 Tamarind Road. Delrav Beach (also owns property at 60 Marine Way in the Marina Historic District), stated there is not a lot of blight and noted one or two things need to be improved. She stated Palm Square and parts of 7th Avenue are one of the most pristine historic areas we have in Delray Beach. The house is extremely visible from 213 S.E. 7th Avenue, 209 S.E. 7th Avenue, 201 S.E. 7th Avenue from the Intracoastal Waterway and from 200 Marine Way directly north. She stated the house is on the Intracoastal; however, it is part of a historic district. Ms. Patton stated actor Tom Cruise recently built a 10,000 square foot house in California as his dream house and noted the square footage on this home is 9,462. She stated a movie star mansion in Beverly Hills is not compatible with the Marina Historic District. She feels there are things that could be done to bring the home more in line. Ms. Patton stated for the last approval for demolition of a historic structure on this lot the owners agreed to meet strict historic preservation guidelines when they rebuild and would like it explained -9- 06/04/07 to her how this house meets strict historic preservation guidelines. There was no cross-examination. Ms. Walters stated the presentation of the applicant proves their point and commented about the chart that was shown that compared all of the housing around the property and noted it was not distinguishing of historic structures but displayed every house in the area. Ms. Walters stated this is not the comparison that should be made and the 40% FAR is not compatible with the contributing structures with 30% as the maximum of the historic buildings and the average is much less than that (20% or less). She stated this is not about what the Commission has approved in the past or any other structure but is about starting fresh and approving only structures that are compatible with the historic structures. Ms. Walters stated nothing in the LDR's or the Code says that a property can be treated differently if it cannot be seen from the roadway. She stated it is not just from the roadway that we need to be concerned with but there are neighbors that will be able to see the structure and they know it is not compatible. She stated the guidelines discussed by the applicant are the guidelines that are proposed and not approved yet. Ms. Walters stated this structure does not meet the current guidelines, the current LDR's and the current Code. Mr. Perez-Azua stated they understand that REG's guidelines are not required but they are stricter than the current guidelines. He stated at the previous City Commission meeting they submitted letters of every single resident closest to this home in support of this project. He stated those who can see this house are very happy with the project. In addition, Mr. Perez-Azua stated one of the public members indicated that he was including this in the calculations and the indication that they are including that is not correct. He stated it is shown on the map geographically because he cannot chop off the Intracoastal or the streets as much as he can chop off the right-of--way. Mr. Krall stated he differs with the appellants and feels this does have to do with what has been done in the past. He stated this developer built the house in 2004 on 327 S.E. 7th Avenue and distributed a copy of the staff report. Mr. Krall noted on page two there is a reference made about construction of a 7,782 square foot residence (5,991 under air) and stated the lot being discussed this evening is twice as big. Mr. Krall made reference to LDR Section 4.5.1.(E)(8)(J) regarding massing where it is analyzed in the staff report and the Commission passed it and in their conclusion it states "the increase in square footage and lot coverage reflects the increasing trend in the neighborhood based on rising property values. Evidence of these larger houses can be seen on the adjacent lot to the south and on several lots to the north of this property on the east side of S.E. 7th Avenue." 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). -10- 06/04/07 The City Attorney stated the applicant has indicated that they are willing to make certain concessions which become conditions of approval. Therefore, the City Attorney stated the Commission should be looking at the revised plans and make their determination as to whether or not it follows the LDR's. Mayor Ellis stated she would support staff's recommendation which is the revised plan with the two conditions of approval (1) that the east elevation is broken up to provide a less massive appearance with one and two-story elements by adding these as conditions of approval; and proposes that the Commission pass this application with those conditions. Mr. Perez-Azua stated they have already addressed these conditions in the revised plans. Mayor Ellis asked if these two conditions were addressed in the revised plans. Mr. Adams stated he believes the applicant made an attempt; however, he does not feel it goes far enough back. Amy Alvarez, Historic Preservation Planner, stated there have been no additions as far as breaking up the two-story elements into cone-story and atwo-story further setting back the second story. She stated one can see a comparison of the plans that were reviewed by staff and prepared the report for the Historic Preservation Board review and then the revised plans. Mrs. Alvarez stated the applicant has not addressed those two items that staff originally recommended in the HPB report in March 2007. Mr. Eliopoulos stated he feels the applicant has done what has been asked of him. Commission. Mr. Perez-Azua briefly reviewed the architectural elevations for the Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis - No; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion DENIED the appeal and upheld the decision of the Historic Preservation Board to approve the Certification of Appropriateness (COA) and accepts the revised plan passed with a 3 to 1 vote, Mayor Ellis dissenting. The City Attorney stated the revised plan has been approved. At this point, the time being 7:35 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. -11- 06/04/07 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 21-07 (FIRST READING/FIRST PUBLIC HEARING): Community Redevelopment Agency (CRA) initiated amendment to the Land Development Regulations (LDR), amending Section 4.4.13, "Central Business District (CBD)," Subsection 4.4.13(H)(1), to provide an exemption to the prohibition of office uses on the ground floor of buildings on East Atlantic Avenue. If passed, a second public hearing will be scheduled for June 19, 2007. The caption of Ordinance No. 21-07 is as follows: Office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(H)(1), TO PROVIDE AN EXEMPTION TO THE PROHIBITION OF OFFICE USES ON THE GROUND FLOOR OF BUILDINGS ON ATLANTIC AVENUE, EXTENDING FROM SWINTON AVENUE TO OCEAN BOULEVARD, UNDER CERTAIN CIRCUMSTANCES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-07 is on file at the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Jeff Costello, Community Redevelopment Agency (CRA), 20 N. Swinton Avenue, Delray Beach, stated on October 3, 2006, the City Commission approved an amendment to the Land Development Regulations (LDRs) relating to office uses on the ground floor of buildings on Atlantic Avenue, extending from I-95 to Ocean Boulevard. Subsequent to the adoption, there were situations brought up by various property owners where their properties are not very conducive to retail type uses. He stated their buildings are set back a minimum of 28 feet up to 53 feet and there are a limited number of properties where this would apply. Mr. Costello stated this creates a hardship for these buildings and properties. He stated in the Cluster Study that was provided a couple of years ago, it did mention the fact that the ability for these properties to continue to lease these bays short term until they can get the pedestrian oriented design, is critical for the overall appearance of the Avenue. Therefore, this amendment is being proposed to provide an exemption to the current regulation when at least 80% of the building frontage -12- 06/04/07 is setback 25 feet or greater. Staff requests the support of the Commission of this change. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 21-07 on First Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie - Yes; Mayor Ellis -Yes. Said motion passed with a 4 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. The City Manager stated at the last meeting Pauline Moody came before the Commission expressing concern about construction sites behind the library and the courthouse. He stated an inspection was made of those sites. It was determined that both sites have active construction but the sites are not cluttered with debris or other materials that are not common to construction sites. The City Manager stated the only nuisance that needed to be addressed was some litter that had accumulated around the perimeter fences and that should have been cleaned up by now. 11.B. From the Public. None. 12. FIRST READINGS: 12.A. ORDINANCE NO. 20-07: City initiated amendment to the Land Development Regulations (LDR), amending Section 4.4.25, "Special Activities District (SAD)", Subsection 4.4.25(C) to shi$ the authority for approval of site plans, landscape plans, and architectural elevations from the Planning and Zoning Board to the Site Plan Review and Appearance Board for projects located in the Special Activities District (SAD). If passed, a public hearing will be scheduled for June 19, 2007. The caption of Ordinance No. 20-07 is as follows: 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 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD)", SUBSECTION 4.4.25(C), "REVIEW AND APPROVAL PROCESS", TO PROVIDE FOR THE REVIEW AND APPROVAL OF PLANS BY THE SITE PLAN REVIEW AND -13- 06/04/07 APPEARANCE BOARD AND NOT THE PLANNING AND ZONING BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-07 is on file at the City Clerk's Office.) The City Attorney read the caption of the ordinance. Mark McDonnell, AICP, Assistant Planning and Zoning Director, stated this is aCity-initiated amendment to the Land Development Regulations (LDRs) to shift the authority for approval of site plans, landscape plans, and architectural elevations from the Planning and Zoning Board to the Site Plan Review and Appearance Board for projects located in Special Activities Districts (SADs). Staff recommends shifting the authority to approve plans located in the SAD (Special Activities District) from the Planning and Zoning Board to the Site Plan Review and Appearance Board. Mr. McDuffie moved .to approve Ordinance No. 20-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:44 p.m., the Commission moved back to the Regular Agenda (Item 9.B.). 9.B. WAIVER REQUEST/LAST RESORT SALOON: Consider a request for waiver of Land Development Regulations (LDR) Section 2.4.7(B)(1)(b)(i) "Special Power to the City Commission", and Section 4.3.3(V)(2)(a) "Prohibitions by Frequency", to waive the prohibition against seeking a waiver for use of land or structures regulations and to allow a reduction in the required separation distance from 750 feet to 200 feet when measured from lot line to lot line for the Last Resort Saloon, Inc., a proposed stand alone bar to be located within the Pelican Harbor Shoppes. (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 pane communications. Mr. McDuffie, Mr. Eliopoulos, and Mayor Ellis had no ex parte communications to disclose. Mr. Fetzer stated he had a telephone conversation with Joe Riello (owner of Who's Restaurant and Lounge). Mark McDonnell, AICP, Assistant Planning and Zoning Director, entered the Planning and Zoning Department project file #2007-221 into the record. Mark McDonnell, AICP, Assistant Planning and Zoning Director, stated this is for two waiver requests from the applicant one being for the City Commission to -14- 06/04/07 waive the prohibition considering waivers relating to use of land or structures. The second waiver request is to waive the 750 foot separation requirement between stand alone bars. The LDR's require a separation distance for stand alone bars 750 feet be measured from parcel line to parcel line. Mr. McDonnell stated the LDR was put in place for properties along Atlantic Avenue and really did not envision these large plaza type developments. In reviewing the request, it was discovered that the surveyor measured from bar to bar versus from lot line to lot line as required by the LDRs. In one case, the minimum separation is met (985 square feet) and in the other it is not (200 square feet). The applicant is seeking relief from the City Commission via these waiver requests. Beverly Storey, Owner of Last Resort Saloon, Inc (Applicant), stated they have owned and operated the Last Resort Salon, Inc. for the last 12 %z years and are attempting to relocate. She stated they are a stand alone bar and made reference to LDR Section 4.3.3(V)(2)(a) "Prohibition by Frequency". Mrs. Storey stated she believes that the intent of that was to prevent proliferation of cocktail lounges and bars into any given area throughout the city. She stated with this being site specific if you go north, south, east, or west 750 feet disregarding the 200 foot lot line to lot line, there can be no possible proliferation in this area. Mrs. Storey stated this is mainly covered by the car dealerships and retail spaces. She stated she has reviewed the Comprehensive Plan and the LDR requirements and feels they have fulfilled all of those because they are consistent and compatible with the area. Mrs. Storey urged the Commission to waive the 200 foot lot line to lot line because she does not feel it applies here and they have exceeded the 750 foot separation requirement by over 30% to 985 feet. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. 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 approve the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.C. WAIVER REOUEST/HAMMOCK HOUSE• Consider a request for waiver of Land Development Regulations (LDR) Section 1.3.8(B) "Reconstruction Necessitated by Acts of God", which requires applicants seeking building permits to submit within one (1) year of the date on which the "Act of God" event occurred and that all reconstruction be completed within three (3) years from the date of the event for the Hammock House located at 1000 N.E. 9th Avenue. (Quasi-Judicial Hearin -15- 06/04/07 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. Mark McDonnell, AICP, Assistant Planning and Zoning Director, entered the Planning and Zoning project file #2007-217 into the record. Mr. McDonnell stated this is a request to waive LDR Section 1.3.8(A) which deals with destruction that occurs to a property or structures by an Act of God. In October 2005, Hurricane Wilma went through the Hammock House and suffered hurricane damage. However, at the time, the prior owner there was in an insurance litigation with Citizens. Therefore, the current owner could not apply for a building permit in the one year timeframe for that waiver and the other waiver is that they be allowed to complete those improvements beyond three years from the date of the event (October 2005). Mr. McDonnell stated due to the extenuating circumstances that are listed in the applicant's request letter, staff supports the request for both waivers (one year to apply for the building permit and the three years to finish the work). Jason Mankoff, Attorney with Weiner and Aronson, P.A., 102 North Swinton Avenue, Delray Beach, stated they adopt the findings in the staff report. Mr. Mankoff stated the same developer has three other projects and all have met the one year deadline. He stated there were issues concerning the purchase of the property. The City Manager asked if there are some new timeframes that could be put into place. He expressed concern that people complain about a property that is not getting restored and staff would like to be able to tell them that the owner expects to get started in a certain timeframe. Mayor Ellis stated if anyone from the public would to speak in favor or in opposition of the request, to please come forward at this time. 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 amending Paragraph #4 with the condition that the building permit application is made one year from the date of the Board Order and all reconstruction must be completed within three (3) years from the date of the Board Order, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. -16- 06/04/07 9.D. RESOLUTION NO. 35-07/S.W. 8th AVENUE: Approve Resolution No. 35-07 declaring the necessity for public improvements for the S.W. 8th Avenue area and directing the establishment of a special assessment district to defray a part of the expense for the construction of a road. The caption of Resolution No. 35-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR THE SOUTHWEST 8TH AVENUE AREA AS SHOWN ON EXHIBIT "A", AND DIRECTING THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR THE CONSTRUCTION OF A ROAD; PROVIDING FOR THE ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF THE ASSESSMENT ROLL. (The official copy of Resolution No. 35-07 is on file at the City Clerk's Office.) The City Attorney read the caption of Resolution No. 35-07 and stated the actually cost is $164.80. Mr. McDuffie asked about the funding source being not applicable. The City Manager stated it is in the City's Capital Improvement Plan (CIP) for this year. The City Attorney stated the Commission is voting on a special assessment and will be approving and voting on the funds at a later date. Mr. Fetzer moved to approve Resolution No. 35-07, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. The City Manager stated this is the road that goes alongside Jaime Ramirez's house. 9.E. SPECIAL EVENT REOUEST/PALM BEACH FIESTAS PATRONALES AND BUSINESS EXPO: Consider approval of a special event request to endorse the 2° Palm Beach Fiestas Patronales and Business Expo sponsored by the Puerto Rican/Hispanic Chamber of Commerce for Palm Beach proposed to be held on August 3, 2007 and August 4, 2007 subject to the conditions outlined in the staff report. Doug Smith, Assistant City Manager, stated this request is for the 2nd Palm Beach Fiestas Patronales and Business Expo proposed to be held at Old School Square August 3rd and August 4th from 6:00 p.m. until midnight. This will be a gated event held at Old School Square with an admission charge of $10.00. Approval is also requested for -17- 06/04/07 staff support for security and traffic control, the preparation of event signage and reserved parking at the Community Redevelopment Agency (CRA) lot off N.W. 1St Avenue for VIPS and entertainers. Staff recommends endorsement of the event with six (6) conditions as listed in the staff memorandum. Staff feels based on last year's experience that we should require EMS presence there although it was not requested by the applicant and there will be time needed for staff cleanup. The estimated overtime costs for the event is $12,753 and signage is approximately $250.00. Based on our current event policies and procedures, those would be waived since it is a second year event; however, staff recommends to authorize a change in the policy for this event and to charge a minimum of 30% of the cost which would be $3,900.00 for the City cost for services for this event. In addition, the other items are listed in the memorandum under the "recommendation". Mr. McDuffie moved to approve the Special Event request to endorse the 2„a Palm Beach Fiestas Patronales and Business Expo to be held on August 3-4, 2007 subject to the conditions listed in staff's memorandum and omitting condition #5, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 8:05 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 attended the general membership meeting with the Palm Beach County League of Cities and noted that County has an Economic Development Planning Committee. He stated Nancy Hogan from Ocean Ridge was appointed the League's representative on the Economic Development Planning Committee. Also, the League's Attorney brought to their attention something they had not noticed and stated the Legislature at the last session changed the date for issuing business tax receipts for professional licenses bills used to go out August 1St and they now have to go out July 1St Secondly, the City Manager stated he spent approximately 3 %2 hours on Saturday morning with department heads going through all the budgets and prioritizing their requests. He feels this is a useful tool and staff got a better appreciation as a group in what it means to look at the budget from a citywide perspective rather than their own department. The City Manager distributed a copy of the budget ranking to the Commission and noted he would like the input of the Commission. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. -18- 06/04/07 13.C. City Commission 13.G1. Mr. Fetzer Mr. Fetzer stated he lives on one of the most exciting streets in Delray Beach (Evergreen Drive). He commented about Commissioner Levinson's home nearly burning down. He stated he was in Jacksonville on Saturday and his son called him about Delray Beach Police and Sheriff's cars parked up and down both sides of Evergreen Drive evidently because of the Picasso's robbery and shooting. Mr. Fetzer complimented the Delray Beach Police Department for doing a great job. Secondly, he stated he met with the Education Board this evening and apparently the School Board is not going to fund the new middle school of the arts. Mr. Fetzer stated he is not sure if he will be able to attend the Workshop meeting next Wednesday. However, he stated he is going to contact Bob Kanjian of the Palm Beach County School Board and express his concern about this and feels the rest of the Commission should do the same. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated Commissioner Montague and he went to Florida Atlantic University (FAU) for the Gangs and Crime workshop. Mr. Eliopoulos complimented Chief Schroeder for a job well done. Secondly, he attended the Palm Beach County League of Cities Workshop meeting a couple of weeks ago and some House Representatives attended. Mr. Eliopoulos stated he met with Representative Adam Hasner who clearly felt the City of Delray Beach is spending too much money. Mr. Eliopoulos feels we need to get more involved and speak about how it is going to affect us and what we are spending money on. Unfortunately, Mr. Eliopoulos stated this is how it is being presented at a state and local level. Mr. Eliopoulos stated he attended a traffic light dedication at Tropic Isles. He commented about the Spady Museum Groundbreaking Ceremony. Mr. Eliopoulos stated he met with Bexley Park Board Members and they want to get involved with the budget with regard to parks. He stated they have indicated that there is a lot that they can live without in order to help the city out and still be happy. Mr. Eliopoulos stated he also met with the Fire Department Union and they are getting creative on ways they can actually cut down on some spending. Lastly, he stated the Blue Ribbon Task Force met and their recommendations will be presented at the Workshop Meeting. -19- 06/04/07 13.C.3. Mr. McDuffie Mr. McDuffie stated he had the privilege to attend the Youth Vocational School Graduation with Commissioner Eliopoulos. He stated this was a very heartwarming event and is tremendous for the community. Secondly, Mr. McDuffie stated he attended the Cinco de Mayo dinner and commented about the good things that come out of this event. He noted that in the follow-up banquet the children are rewarded with tuition for their college education. He stated as a result of that Cinco de Mayo is not only something that is enjoyable for the community but we are also rewarding the youth in this community from the funds that they reap from the dinner event. Mr. McDuffie suggested that the City get with representatives from Cinco de Mayo to find ways to bring their attendance up. He stated he was very excited to be there and it was a very rewarding experience. Lastly, Mr. McDuffie stated he attended the League of Cities Gala to see the new President installed and had a wonderful time. He stated the Board of Directors is tremendous. 13.C.4. Manor Ellis Mayor Ellis thanked the entire Commission for helping fill in for her over the last few weeks while she was recovering from foot surgery. Secondly, Mayor Ellis commented on the Home Rule Initiative and stated one of the Palm Beach County Commissioners is actively lobbying against this Home Rule Initiative. She stated there are 11 municipalities (out of 38) who have not signed up for this and she reminded the Commission that when there are events that they are attending or speaking at to have petitions with them. She stated the Commission can let people know up front that they have those petitions and pick up the ones that are signed. She would really like for the organization that is heading this up to see petitions coming back from Delray Beach. Mayor Ellis stated the organization is still working with the County Commission to see if they can get this through the County Commission and not have to have the petitions. Mayor Ellis stated the Primary Election has been moved to January 29, 2008 and this would be the date for which these petitions would need to be completed. Mayor Ellis stated this is an important issue to Delray Beach and all of the other municipalities that have signed on. She stated everyone is wondering what the State Legislature is going to do about property taxes and we have had some Town Hall meetings from our State Legislators, the Palm Beach County Commission, as well as the Governor. She stated in true Delray style she is proposing that we have our own summit with the citizens of Delray Beach so that they might let the Commission know where they feel like some of these cuts can be made. Mayor Ellis stated it would strictly be an open microphone comment type forum and everyone would have approximately 2-3 minutes to address the specific issues of reduced revenues and property taxes. She also suggested receiving -20- 06/04/07 input from homeowners associations and people who are non-profits. Mayor Ellis stated the tentative date is Tuesday, June 12, 2007 from 7:00-8:30 p.m. She requested that this be advertised and encouraged our citizens to attend. The City Manager stated the Workshop meeting can be held from 6:00- 7:00 p.m. in the First Floor Conference Room of City Hall and the Public Input Meeting for the Budget can be held at Old School Square in the Crest Theatre from 7:00-8:30 p.m. Mayor Ellis stated she is going make sure that people who speak stay on point and that we have civility and a true dialog from our citizens on this issue. Mr. Eliopoulos suggested that staff give a presentation in laymen's terms regarding the City's budget. Mr. McDuffie suggested using the Finance Department's presentation from the Resident's Academy and stated this would be a great introduction. Mr. McDuffie expressed concern about whether or not staff can get the word out quickly because he stated this is awfully short notice. The City Manager stated staff can notify the homeowners' associations and the non-profits via letters or emails. Mr. McDuffie suggested that Ivan Ladizinsky, Public Information Officer send an email blast and/or a broadcast. The City Manager stated one of the reasons for suggesting that date is because of the special session and if anything comes out of the special session then the City of Delray Beach would need to communicate with the legislators in a timely matter. Alice Finst stated she understands there are facilities at Old School Square for live cable and maybe that would be an opportunity to broadcast the meeting. Mayor Ellis stated staff will check into this. Mayor Ellis stated she attended the Spady event and it was well attended. She stated they are very excited about their Phase II and are moving on. She apologized for missing the Vocational Charter School Graduation and thanked Commissioner McDuffie and Commissioner Eliopoulos for attending. Mayor Ellis stated she spoke with the Principal to let her know how proud she is that this is a facility of ours and truly good things are coming from it. There being no further business, Mayor Ellis declared the meeting adjourned at 8:32 p.m. City Clerk ATTEST: MAYOR -21 - 06/04/07 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 Monday, June 4, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -22- 06/04/07 .- 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. Applicant has submitted a revised plan for review. The City Commission was the authority to add conditions to its determinators, per LDR Section 2.4.7(E)(4)(b). Thus, the order will be based on the revised plan which will be deemed to be a condition of this Board Order. 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)(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 LDR Sections met? Yes 3 No 1 Il. 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 wit which it is located. tv,13 ~a 7 S~AN~ED ~~ 1 ~~ ~. ~ J • 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 3 No 1 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 ofd 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 3 No 1 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. This decision is consistent with the goals, policies and objectives of the City's 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 denies x the appeal and upholds the decision of the Historic Preservation Board to approve the Certificate of Appropriateness (COA) and accepts the revised plan as a binding condition on the decision of the Historic Preservation Board and hereby adopts 2 this Order this day of June 4, 2007 opposed. ATTEST: ~~ Z Chevelle Nubin City Clerk by a vote of 3 in favor and 1 Rita Ellis, Mayor 3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME Eliopoulos, Gary P. NAME OF BOARD, COUNCIL, COMMISSION, AUTF~RITY, OR COMMITTEE Delray Beach City Commission MAILING ADDRESS 205 George Bush Boulevard THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICHISERVEISAUNITOF: CITY COUNTY CnY O COUNTY O OTHER LOCAL AGENCY Delray Beach, Florida 33444 Palm Beach NAME Of POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED June 4 2 0 0 7 MY POSITION IS: 5il ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 86 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 conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 ITEM ~ . A . A . PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disGose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicy at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Gary P. Eliopoulos ,hereby disclose that on June 4 , 2007 (a) A measure came or will come before my agency which (check one) - inured to my special private gain or loss; $~ inured to the special gain or loss of my business associate, Ku,Qi & E 1 iopoulos Architects , P . A. , _ inured to the special gain or loss of my relative, ___ ~ __ ~ __ inured to tfie special gain or loss of_~_ __~~ _ __~_ , by whom I am retained; or inured to the specal gain or loss of _ __ .which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: June 4 , 2 0 0 7 __ _ _ _ ____ __ Date Filed ~~~~'~ ~ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 1 J2000 PAGE 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. These waiver requests have come before the City Commission on June 4, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests 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. WAIVERS: LDR Section 2.4.7(B)(1(b)(i) provides that the City Commission may not consider a waiver to matters which pertain to the use of land or structures, under this section. 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. Do the waivers requested meet all the requirements of 2.4.7(8)(5)? Yes 4 No 0 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. ~((3~~~ 1 SCA~~f~p ~ }~ q . `~ ~/ 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 waiver requests to LDR Sections 2.4.7(B)(1(b)(i) and 4.3.3(V)(2)(a). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4th day of June, 2007, by a vote of 4 in favor and 0 opposed. I ATTEST: s~ \\ Rita Ellis, Mayor ). ~\~~~ 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 HAMMOCK HOUSE 1. These waiver requests came before the City Commission on June 4, 2007. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver request of Hammock House. All of the evidence is part of the record in this case. 3. Waiver: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Reconstruction Necessitated by Acts of God: Per LDR Section 1.3.8 (B), permits must be submitted within one (1) year of the date of which the "Act of God" occurred and all reconstruction must be completed within three (3) years from the date of the event. The Hammock House was damaged by Hurricane Wilma in October, 2005 and the applicant has just submitted for a permit. Should the waiver be granted? Yes 4 No 0 Subject to the conditions that applicant apply for a building permit within one year of the date of the Board Order and complete construction within three years of the Board Order. / b~13(07 \ SeANNEQ It~9.C ~` 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. 7. Based on the entire record before it, the City Commission finds consistency with the Comprehensive Plan and approves x denies the waiver request subject to the conditions set forth in Paragraph no. 4, and hereby adopts this Order this day of June, 2007, by a vote in favor and 0 opposed. f Rita EII s, Mayor ATTEST: Chevelle Nubin City Clerk 2 WORKSHOP MEETING JUNE 12, 2007 A 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, June 12, 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 Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Ellis called the meeting to order and announced that it had been called for the purpose of considering the following items: WORKSHOP AGENDA 1. Blue Ribbon Committee Report/Western/Senior Community Center Francisco Perez-Azua, President of Perez Design Incorporation, introduced this item. Also present were Bill Woods from Delray Chamber of Commerce, Tony Newbold of Florida Power & Light and Bernardo Cardinal of Rockmeyer Engineering. Mr. Perez-Azua gave an overview of the recommendations regarding the Western/Senior Community Center and all future larger construction projects. Mayor Ellis thanked the gentlemen and advised them that Commission will consider their suggestions when there is another large construction project. 2. Discussion of options for Parking Meter Replacement Scott Aronson, Parking Management Specialist, presented the item. He discussed a two part recommendation given by the Parking Meter Committee. The first part, which is scenario five (5) on the analysis provided in the back-up material, would involve the replacement of the internal mechanical mechanisms while retaining the existing poles and housings along Ocean Boulevard and the installation of a Pay by Space metering system in all of the parking lots. This proposal would cost approximately $ 175,000. Mr. Aronson advised the Commission if the expense is too much at this time the alternative which is scenario four (4) on the analysis provided in the back-up material, is to replace all mechanical timing mechanisms using the existing housings and poles at an estimated cost of $70,000. Smart Card would have to be instituted with either recommendation creating the need for Kiosks to be strategically placed along Ocean Boulevard to allow patrons the opportunity to purchase smart cards. It was the consensus of the Commission to approve scenario five (5) replacing the internal mechanical mechanisms and retains the existing housing and poles and install the Pay by Space metering system. 3. Car Sharing Presentation Nancy Schneider, member of the Beach Property Owner Association and the Parking Management Advisory Board introduced Griff Long, Vice President of Operations and Carrie Beck, University Development Manager with Flexcar (a car sharing service). Griff Long, Vice President of Operations, presented this item. He explained what car sharing is and some of the benefits of car sharing. Flexcar is a membership based organization which cost about $35 annually; the membership fee is waived if you drive more than two times per year. It is approximately $8 per hour and caps at $60 per day which includes gas, insurance, maintenance and parking. Ms. Schneider distributed applications and further explained the benefits of car sharing in an innovative community. Mayor Ellis considered this to be an innovative idea. 2 June 12, 2007 Mayor Ellis adjourned the Workshop Meeting at 6:59 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 Workshop Meeting of the City Commission held on Tuesday, June 12, 2007 which Minutes were formally approved and adopted by the City Commission on Ciry 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. June 12, 2007 WHEREAS, the Bahamas is a land of unique experiences, inspiring scenery, warm people and presents a kaleidoscope of beauty that has made the island a precious jewel in the Caribbean; and WHEREAS, the Bahamian history is a story of diverse people coming together in the words of their motto "Bridging the Gap"; and WHEREAS, a large number of Bahamians live in and visit the state of Florida contributing greatly to the economy; and WHEREAS, Bahamians have made significant political, medical, scientific, religious, and educational contributions. People of Bahamian descent living here in the "All America City" of Delray Beach continue to improve the quality of life in various communities through contributions of their time, talents, religious affiliations, and expertise to our local schools and businesses; and WHEREAS, the 34`h Anniversary of Bahamian Independence will be celebrated on Saturday, July 14, 2007 at Old School Square with a Conch and Rib Festival. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Dekay Beach, Florida, on behalf of the City Commission, do hereby proclaim July 14, 2007 as BAHAMIAN INDEPENDENCE DAY in Dekay Beach, Florida and congratulate the people of the Bahamas on their contributions and achievements that enhance the lives of individuals and communities. 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 19`'' day of June, 2007. RITA ELLIS MAYOR lo. A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JOSEPH M. SAFFORD, FINANCE DIRECTOR THROUGH: CITY MANAGER DATE: JUNE 7, 2007 "] SUBJECT: AGENDA ITEM # / ' ~ -REGULAR MEETING OF JUNE 19, 2007 DISTINGUISHED BUDGET PRESENTATION AWARD ITEM BEFORE COMMISSION PRESENTATION OF THE DISTINGUISHED BUDGET PRESENTATION AWARD FOR THE CITY'S BUDGET ALONG WITH A CERTIFICATE OF RECOGNITION TO LISA HERRMANN, BUDGET OFFICER. BACKGROUND THE AWARD REPRESENTS A SIGNIFICANT ACHIEVEMENT BY THE CITY. IT REFLECTS THE COMMITMENT OF THE GOVERNING BODY AND STAFF TO MEETING THE HIGHEST PRINCIPLES OF GOVERNMENTAL BUDGETING. IN ORDER TO RECEIVE THE BUDGET AWARD, THE CITY HAD TO SATISFY NATIONALLY RECOGNIZED GUIDELINES FOR EFFECTIVE BUDGET PRESENTATION. (PRESS RELEASE ATTACHED) FUNDING SOURCE N/A RECOMMENDATION PRESENT DISTINGUISHED BUDGET AWARD PLAQUE TO JOSEPH SAFFORD, FINANCE DIRECTOR. Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601-1210 312.977.9700 fax: 312.977.4806 March 17, 2007 PRESS RELEASE For Further Information Contact Stephen J. Gauthier (312) 977-9700 ##################################################################################### Chicago--The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that City of Delray Beach, Florida has received the GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: ^ a policy document ^ a financial plan ^ an operations guide ^ a communications device Budget documents must be rated "proficient" in all four categories to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to Lisa Herrmann, Budget Officer. For budgets including fiscal periods 2005, 1,069 entities received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 16,800 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 Washington, DC 20004 202.393.8020 fax: 202.393.0780 www.gfoa.org c 0 .~ N Q N ~ L V Ov a~ ~ V ~ C ~ C ~ LL ~ c ~ a~ ~ ~~ a~ L ~- O L7 L ~ ~ t y- F- O .~ z O H a H w A rT0 O H r~ V 0 V w O w H L=,+ a w V ~ ~ •- L ~ ~ .~,,,~ LL. ~ v m w L ea . Q L ~ 0 ~ ,~' .- V J .. a. v v o v v y +~ a ~~ .~ ~y ~~~~~ v ~ ~~ V ~ ~ w Y •~ 6~ ~" V Ct ~ V W h ~ ~ ~ ~~ ~ "~ ~ ~ W 0> ~ ~ ~ y O ~~ ~ ~ .~ ~~~s~ ~~~~ ~~ . ~~ ~~ v ,~~~ ~oq~~ ~ ~ ~ ~ 'o .o ~ ~ ~ o .~. ~ ~ ~ :~ ~ u ~.~s~~ o ~ oo~ ~ ~ w ~ a'~ .~~~ ~ ~~ [~. ct, eo q .~ a 0 0 N .--i U A AGENDA ITEM NUMBER: Request to be placed on: ® Consent Agenda When: June 19, 2007 Date: 6/6/2007 ^ Special Agenda ^ Workshop Agenda Description of agenda item: Distinguished Budget Award Presentation from The Government Finance Officers Association with a Certificate of Recognition to Lisa Herrmann, Budget Officer. ORDINANCE/RESOLUTION REQUIRED: YES ^ NO ^ Draft of Resolution Attached: YES ^ NO ^ Recommendation: Read press release from GFOA dated March 17, 2007 (attached) ~~ Department Head Signature: ~ Determination of Consistency with Comprehensive Plan: N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ^ Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: AGENDA REQUEST No ^ Yes ~ No ^ Action: Approved: ^ Disapproved: ^ P.O. # NIA MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: CITY MANAGER DATE: 13 JUN 2007 SUBJECT: AGENDA ITEM # ~. A -REGULAR MEETING OF JUNE 19, 2007 YACHT CLUB AT DELRAY BEACH FINAL PLAT ITE~VI BEFORE COMMISSION Request is for Commission approval of the Yacht Club at Delray Beach plat, located on the west side of MacFarlane Drive, between Ingraham Avenue and Miramar Drives. This property is a re-plat of Lot 1, Delray Beach Yacht Club, According to the Plat thereof as recorded in Plat Book 74, Pages 11 and 12, (P.R.P.B.CO.), being in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida BACKG~tOUND This plat was processed as a minor subdivision; therefore, it is forwarded directly to City Commission for final action. No other Board review or action was required. The project is currently proposing to construct 20 residential units and underground parking. A reduced copy of the proposed plat is attached. FUNDING SOURCE No funding required for this item. RECOMMENDATION Staff recommends approval Enc Cc Richard Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Carolanne Kucmerowski CMT (originals) City Clerk TAC File Agenda File U:lwwdatalagendaWgenda Info 6.19.0712007-06-19 yacht club plat agenda memaRVClean.doc V ^~ W L 0 ~~ V V } ~ >, -~ . ___. ~- --___ ,_ :, _ _ . _. .- _.,. __ E _- ,___ ~~ ~ ~ - a r U C ~~ _z L ~ i ~ 33 I• ---- Q ~ .__ E ._ w ~ . _., ___. -~ . _ ~: -~~ , ~ ~,. , __ _ .... .__. 2nU~] 8U~ g _ ~~~~ __ _ i .""" _ ._ i ,. _.._..... _. ._ ~. __ _ _._ . _.... .- -~- ~ s.. . __. r __, ,a,. _..._ i 4 _.__~. a __ ... . _.. . _- _ .. _. _.. - - _ ._ _ ....._..... _._......__ _ - 4 ._._ ... ~ !~ ._ T e T ..... - e m e -. N W /~w' _/ ~_ C~ U to N m A N N ~ ~ ~~~~~ ~ ~pa g8~ $ ~'a~~ $t`, ~~~~ ~~E ~ ~j;$4i b I ~ ~g•~' ~ 8 .Q ~ ~ ~ ~~ ~ ~a~~ I ~ 4 a~ V ~` ~ ~~&y I 8 4 ~~C ~8 S~~F1 ~ ~ (~ ~ ~ ~ b ~ t ~~ ~ ~ ~ ~ v ~ ~~ ~~ ~ ~ ~ ~~~~~~ ~>b ~ A a8"~ ~E w~s:N ~ ~ H ~a~ ~j 1~ ~ ~~ ~ ~ W ~3~0~ 4 ~z~a N Q ~ ~ g ~ be ~~~~ s ~ ~ ~ ~~ ~ ~ ~~~ ~ ~ j se~~p~ Q ~ yba~~~ ~ >~ ~~ ~~~~~ n ~ ~ ~~~~~ ~~~ I s~~~~~ 1 ~ ~~ ~~~~ ~~1 ~o ~~ 4 Q ~ ~ e~~~ ~~ ~ ~~ ~ ~~~ ~ ~~C~s~~ n~~ ji~ g ~y ~ ~ ~ ~ ~~ ~ ~~ ~ ~~s ~~~~ 9 i Yl~ ~~ a~ b~ s ex~ ~ ~ ~2~ ~ ~~~ ~ ~ ~ ~e ~~~ ~~ ~~ ~~~~~~~ ~ ~ ~~ ~ ~~ ~~ ~~ l~~~(~ b~ 9 ia~ ~N:~~I~ ~~ Q ~~~ U ~~~ ~~~,, m ~~~ Q ~~~~ ~~~ ~ W~~o~ ~ ~°~a«~ '~ ~~~~ ~ ~U .:s~~>. ~ ~~z~ V °~~~ ~ ~ }• ~ ~~ Q o,~ V ~~~~ aC Q~~v ~ ~~w o~'~ I ~~ e s ~ ~~~~~ ~~~~ ~ ~~ &$ i ~ _'~ ~~ ~~ ~~~~~ g 7~~b ~ ~ ~~~ . aa a~3 ~~~~~b `~~ ~~ soar xiwa REDS u~t~oaE (R.A~ 9XlY 2j PACF i7Y} g~t~~ ~• b~ ~~~ ~a ~ ~b ~ b~ ~~~ ~ ~~ ~~ ~ ~ ~ ~ ~~ ~~~~ ~~~~ ~s"~ ss~ ~w3r~Pra~ W8 W~b~ ~sgg~~ i ~~~9 ~?8 Date: 13 Jun 2007 AGE.~TDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda ~Workshvp Agenda -Special Agenda When: 13 Jun 2007 Description of Agenda Item (who, what, where, how much): Request is for Commission approval of the Yacht Club at Delray Beach plat, located on the west side of MacFarlane Drive, between ingraham Avenue and Miramar Drives. This property is a re-pl ~af~,L~o~t 1, Delray Beach, Yacht Club, According to the Plat thereof as recorded in Plat Book 74,~~.1 and 12, (P.R.P.B.CO.), being in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. 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: Account Number Description Account Balance: Funding Alternatives: (if appiicable) City Manager Review: Approved for Agenda: ~ / 1~'o Initials: Hold Until: Agenda Coordinator Review: Received: 8:\EngAdmin\TAC\Yacht Ciub C~ Delray Beach (Delray Beach Yacht Club)\2007-06-19 agenda request.doc MEMORANDUM TO: 4MAYOR AND CITY COMMISSIONERS ~'1 r--. ~ -Y1 FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY 9~~ DATE: JUNE 12, 2007 v SUBJECT: AGENDA ITEM # ~ ~ `J -REGULAR MEETING OF JUNE 19, 2007 ACCEPTANCE OF RIGHT-OF-WAY DEEDS REGARDING 133 AND 135 NW 5 H AVENUE ITEM BEFORE COMMISSION The attached right-of--way deeds provide for dedications ofright-of--way from N.W. 5th Avenue and the alley parallel to N.W. 5th Avenue at 133 and 135 N.W. 5th Avenue. BACKGROUND The City requested the dedication of certain right-of--way due to the development occurring on these properties. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. Prepared by: RETURN: R Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED THIS INDENTURE made this 5th day of June, 2007, between DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, with a mailing address of 20 N. Swinton Avenue, Delray Beach FL 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, aright-of--way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of--way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of--way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of--way and that the same is unencumbered. Where the context of this Right-of--Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART in the presence of: (Name printed or typed) (Name printed or typed) STATE OF COUNTY OF The foregoing 200_, by me or has produced as identification. Signature of Notary Public - State of Florida By: (Name printed or typed} (Address) instrument was acknowledged before me this day of who is personally known to 2 SKETCH OF DESCRIPTION ExI~B~T 'a " SHEET 1 OF ~ ~ N 20.0' LOT 3 , ~~ nc89°09'oo"w. BLOCK 27 1u89°os'oo"w. ~ ° W ~ 2.0 U NORTH LINE ~ LOT 4 ~, ~ ' J ~ LoT 4 Wo BLOCK 27 ~' I,, o Q go og o0 00~ Z' g p D o -~- °~ p~ J O ~ ~ O O~ ~O J ~ Z ~ Z ZQ ~5..' W ~I ~ LOT 5 BLOCK 27 ~ c~ ~~ 0 .SOUTH LINE LOT 5 5.0°osoo"w. LOT 6 ° 2;0 NoTES.• 2D ° BLOCK 27 N89 09'00 W. Asa THIS IS NDT A SURVEY THE WEST LINE OF LOTS 4 & 5 IS ASSUMED TO BEAR N.0°00'00' DESCRIPTION.• THE EAST 2.0 FEET OF LOTS 4 AND 5 OF Tim REPEAT OF BLOCK PAUL D. ENGLE 27, DELRA Y BEACH, FORMERL Y LINTON, AS RECORDED IN THE SURVEYOR & APPER x`5708 OFFICE OF Tl~ CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 2~ PAGE 43. DATE.• MAY 22. 2007 ORDER NO. 04-47RW (ALLEY) '~ O BRIEN, SUITER & O'BRIEN, INC CERTIFICATE OF AUTHORIZATION ~LB353 Tl~ WEST 5.0 FEET OF LOTS 4 AND 5 OF THE REPEAT OF BLOCK SURVEYOR AND MAPPER IN RESPONSIBLE 27, DELRAY BEACh; FORMERLY LINTON, AS RECORDED IN THE CHARGE.• PAUL D. ENGLE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR 955 N. W. 17TH AVENUE, SUITE Kl PALM BEACH COUNTY, FLORIDA, IN PLAT BODK 21, PAGE 43. DELRAY BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 Prepared by: RETURN: R Brian Shutt, Esq. City Attorney's Office 200 N. W. 1 st Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED THIS INDENTURE made this 5th day of June, 2007, between DELRAY BEACH COMMiJNITY REDEVELOPMENT AGENCY, with a mailing address of 20 N. Swinton Avenue, Delray Beach FL 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, aright-of--way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of--way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of--way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of--way and that the same is unencumbered. Where the context of this Right-of--Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART in the presence of: (Name printed or typed) (Name printed or typed) STATE OF COUNTY OF The foregoing 200_, by me or has produced as identification. Signature of Notary Public - State of Florida By: (Name printed or typed) (Address) instrument was acknowledged before me this day of who is personally known to 2 SKETCH OF DESCRIPTION EX1~B1T 'A" SHEET 1 OF 1 ~ o N - - ... ~i U WI ~f Q Z ~~ S~ Z I NOTES.• ~~ LOT 2 BLOCK 27 ~~ NO J aW cW ,,°o O O ,°o °00 ~°o z~ ~~ NORTH LINE LOT 3 LOT 3 BLOCK 27 SOUTH LINE LOT 3 5.0' T1~0'S /S NOT A SURVEY THE WEST L0~ OF LOT 3 IS ASS[lMED TD BEAR l~D°00'00'£ DESCRIPTION.• LOT 4 BLOCK 27 ThE EAST 2.0 FEET OF LOT 3, BLOCK 27, REPEAT ~ PART OF BLOCK 27, TOWN OF LWTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BDOK 21, PAGE 43, P(.,BUC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND TI-~ WEST 5.0 FEET OF LOT 3, BLOCK 27, REPEAT OF PART OF BLOCK 27, TOWN OF LINTON (NOW DELRA Y BEACH), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2J, PAGE 43, P1JBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. N.89°09'00"W. 16.0' 2. ~' ~ ~ r J ~ ti ~i~ 3 W O ;W W go o~ °00 ~o w °° o~ o~ z Z~ W ti Q 2.0' N.89°09'00"W. PAUL D. ENG! SURVEYOR & DATE: MAY 22, 2007 ~f `5708 ORDER NO. 04-155RW (ALLEY) MEMORA1v~DUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KRFJCAREK, P.E. THROUGH: DAVID T. HARDEN, CITY MANAGER~~~ DATE: 3CJNE 12, 2007 SUBJECT: ITEM BEFORE COMMISSION Deferral of sidewalk installation. in front of 25 NW 16`h Street. BACKGROUND This is a single family residential lot located in the first block west of N Swinton Avenue. There are currently no sidewalks along NW 16`h Street and no future plans to install a sidewalk along the right-of--way of NW 16`h Street. FUNDING SOURCE Not applicable RECOMMENDATION Engineering supports approval for sidewalk deferral. Enc cc Richard Hasko, Director of Environmental Services Caroline Kucmerowski CMT (originals} City Clerk Sidewalk Deferral File Agenda File June 19, 2007 S:1EngAdmin~Sidewalk Deferrals125 NW 16th St125 nw (6th st agenda memo 2007-05-IS.doc /~~ n/1 W ^~ W L f+ L .i.~+ t r r Z N /^~~~ vJ L_ r Z any uo}uinnS N z 4 N N1 n N A e C~ U N 00 c~ a~ 1 _ 0 Q N r Co R ~3~a~:~#iuitr ~sq: `City A~ta~iep'~' ~i~ice . <00?~;t~', tit z'1vr[iFI+Ft 'I)etr~iv B~t~~ti t k~riKl~'33~~~ ~~~w~.~~ ~r~~~~r~ ~~-IIfi ~CRI~ME~3fi Mitered iitt~ G3ii~ ,~ any ~~ C.r~. ,.. '~Il(~ . ~ t~~eer~ t~i~ C;it~r ~i'~Ir~~~ l~~cf~ (I~~reiraf-tc~; the CitYj and :ten ~fi~r~ t fi~i~ies (her~tna#ier t~~~ v+,~~rs~; .for the ~urp~s~ ref tiu~s~i~~ tfie ~e~~tie~~ ~flf fi~~~ .i:.nst~la~rci~i. of s~i€~,~ect I~~~ ~3' tie t?~~ner p~tsr t~'i't~te ~sstr~x-~e~ t~~~ c~crfl•-ea~€"-~-~t~cc~p~~; a~~d; I~3:?~.E~~, t~i~ t~~~°ners- ge.~CieiE~t~d ~ E~~i~er: ~~am tli4 re~t~irernettt ~~ tie tis~~~a~teiii ~f ~ ~tdt~~ra~~C I?ur~rrant to I.a~ct l:3evel~~r~~~t R~~~rlai'i~zi ~cut~tt 6.13~I~'~(~~~ );; ~i~.d; 1;VI=I~I~I~1:S, in t~rder tt) ~r~vicle cc~nfor~it;~ ~i~n~g ttic sizeet tli~ G~t}~ C~it~rrils~i~i~-voted ko ~v~iive tie re~u~~riie~t fir t}~e kt~#al~ati~i~:~f ~t s'iile~a~k E~ntII s'~ch ttriie as t~~'.~~t;~ r~quests;'t}~e-. t3~r'c%i~s~:'r~a~t<#k~~ side4~vaik; C:':`s~ivctrm~rat~itxsr~;~[(iri~~t~x~t'i~ti~,~tal:Y'i~rar.~~~:r5?'~mp~rm'v:~X~r+t~f°iles'.tJ1:~T13~a,~,f:RSi i;S~~e;'artsltf~..~ai~fk::d~feri~lissmrt 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: 25 NW [6`f' Street Lot 3. "High Acres", PB 21. Page $S PCN # 12-43-46-08-10-000-0031) l . The Owner agrees to construct a sidewalk, at its sole cost and expense, along the NW 1d'~ Street right-of-way abutting the subject property, within a timc period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 240 . ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor Approved as to form and sufficiency: City Attorney C: lDocr~menrs arrrfSetfirrgstmitch4Lnca1 SelringslTemporary 1ntQ~net Fifes10LK1BE125 my 1 bth st stdewafk deferral agent (1).doc STAGE C4F ~'~:~ ~~ia~~r~~i~ c~t,~~~ ~a'~ari~xlGir~;~~J~r~r~rar.,~frst~^nttt:F~i+i#c~~`F~~`}29 ~;~°ae~~~°n ~~~~=- ~:~~:~~. Date: 12 June 2007 f AGENDA ITEM NUMBER,:__~ AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda _..-Workshop Agenda r,,Special Agenda When: 19 Jun 2007 Description of Agenda Item (who, what, where, how much): Approval I authorization far Mayor to sign sidewalk deferral agreement for 25 NW 16th Street. Recommendation: En~ineering~p~orts approval fors~dewaik deferral. Department Head Signature:-•%~~-~._-- _~'~ ~ '.1~~""~' City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes ! No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable} City Manager Review: Approved for Agenda: J e / No Initials: C./ Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Sidewalk Deferrals\25 i~TW 16th St\25 nw 18th st agenda 2007-05-15.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: DAVID T. HARDEN, CITY MANAGER ~~~ DATE: NNE 12, 2047 SUBJECT: ITEM BEFORE COMMISSION Deferral. of sidewalk installation in front of 902 NW 2°d Avenue. BACKGROUND This is a single family residential lot located on the west side of 1~TW 2n~ Ave just north of NW 9~' Street. There are currently no sidewalks along NW 2nd Avenue and no future plans to install a sidewalk along the right-of--way of NW 2°a Avenue. FUNDING SOURCE Not applicable RECOMMENDATION Engineering supports approval for sidewalk deferral. Enc cc Richard Hasko, Dixector of Environmental Services Caroline Kucmerowski CMT {originals) City Clerk Sidewalk Deferral File Agenda File June 19, 2fl07 S:1EngAdmin\Sidewalk Deferra1s1902 NW 2nd Av1902 nw 2nd av agenda memo 2007-OS-iS.doc N N N L L ^ Q -a c N Z O 07 any uo~ui^^S N and ;S ~ MN L_ Z N M N n e C7 U N m ^~ W 0 N CO t~r~par?d! Icy: 1tL;1'F,it~iV '~~: R: ,13cia~ sEiinf.~=~.. ~2€s•' ~f;om~;v~sr fi~tie~c I~e)~v T~eacf~:.~Ivr~a 334A T1.315 t#~si~~Eh~"[' er~tc~ ~t~-t~~ ~_ tray ~~` ~'''~ Z~q~, b~txv~~n t~~ ~t~ ttt l~clrtzy melt ~h~irt;ir~a#~er'~he C~tY) attci,'.. ~[~er~ 'U~-r~~~ti: i_~o~nzs Delr1~+ I~I`;~ {~~a~;er ti~i ° £~~ner~~. ~~r tl~e ~argo~e ~~' x?4+~i1'tTi~; t~ac r~u~trt~tt r~€ ~~ i~s~~ati~n af~ sxt~e~~~k.«~lc~~e '~~~'~ wenti~ ~tri~k si~~x t~xrie as tie ~it~r r~c~~z~s: ti;e ctsnstctto~ 4f t~a~ ~id~;t~vaik: b~ ~'e ~3rt~er: ~~~1ZE~~R La~~_I7~~~~~przzent;R~g~iat~oi Se~tivzt F i .~(~) r+~~r ~e'i~t~t~l~a~r~an o~'ri s~lew~lit, ~trifi~ti~n the h ~"J ~~enue tight-c~#'-r~vay iny~i~~atel}~ ~l~u~irin~ h~ s~T~jt:. }a~'c~perlv,_b~' the: C~!.~vn~r:pri~r t~o : [~ isst~~~e cif ~ cr~ti:i'f~~te. bf ~c~etip:~~cy. s=iii.;. ~t~~~C~l~. tltc ~~ti ~aue'~~}~iestc~ a ~±a~~r dam tt~e:~~gEtirir~t•af ~~ i~s~~~l~t~Qit erf ~t ~i~c~~l'~i ixua~zt~ to Land 7?~v~~a~rt~nt`R~~~iati~n ~e~tintY ~ 1~~~~~I)~b~~~ndfi V~~3~:1~.E:~S~ in ozd~~:to ~art~~i€1~ earrfti~y~~t~T"~lc~ng ~;c st~e~t, tl~~ ~t}r ~~~~issian ti~rt~.d to w~~u~ tie retiw~ttt~n~ fdr t~~~ .ir~sta'~~izc~~ ~~' ~ sri~~:~l~_ctttt~l ~ueh, t~zne>~s t}~e pity ue fi#~ E3~e~xer co~sti~ciR'th~ scd~i~. C,'.,'JJrrGO:fxer~~s rrxrf 3~ei:~~t~s~nrr,NCH:tn~nl:Se~Yrrt~.rt7'~s+cf~r~rtst_s'.l+~tejrirrt Fi1~t~li4'J13F~?~~'rn+ ?irrl ~v sre~eiirrfd.~fe~rral ri;~mi:~oe 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: 9fl2 NW 2id Avenue Lot 3. "912 Plat". PB 1fl4. Page 32 & 3~, PCN # 12-43-46-08-42-000-0030 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the NW 2'~ Avenue right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to da 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 Caunty, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. 1N WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of 204_. ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA Approved as to form and sufficiency: City Attorney Mayor C:1Documents and SettfrrgslmftrhtlacalSettfngsfTemporary lntf~-ret Ff1ea10LKl BEl9f)2 nw 2m1 av sidervalk deferral agmt.doc ..... .: , pon~~tlu~ kno~a~~ ins n~ [~~s~ ~l~av~~ prc~du~cer~ ~ani~ ~....~:~ ~ ---.,.__.___-~ , re~pcct~~ret}=J <~s t~ti~ttrfi~s~». aid h~ executed tic Core~t*in ir~:~trurner~t. end ac~~le~vlc~tl~et~;#a~For ripe t~~a~'~he~ ~~s1ie~ [ihe;~1 ~~ec~te~ std iii5'trtjnxen:t=f~r~~: ~~osc~s e~~~~ssed t3~t;rern. .. T3 _... agr~sit~-va6t;deferr.~ a~zre~tineni G ~ I.lnc imr~t±~rr. trrl 5~ttlog~iriitchl Ldcrfl iS. ttiir~sl7'am~uiaru ~nr{~iet:'~tas }fJ.Kf 11 ~'s'"~132 nK~ end zrr xr;Iew~F~ ~~lrrru{~r~ n~-~ric. Date: 12 June 2007 AGENDA ITEM NUMBER: v AGENDA REQUEST Request to be placed on: X Consent Agenda ---,Regular Agenda -Workshop Agenda ,Special Agenda When: 19 Jun 2007 Description of Agenda Item (who, what, where, how much): Approval /authorization for Mayor to sign sidewalk deferral agreement for 902 NW 2nd Avenue. Recommendation: Engineering orts approval for sidewalk deferral. Department Head Signature: ~ ~~ ~3--~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable} City Manager Review: Approved for Agenda: ~/ Na Initials: __~~~' Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Sidewalk Deferrals\902 N'W 2nd Av\902 nw 2nd av agenda 2007.05-IS.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: DAVID T. HARDEN, CITY MANAGER ~~~"~/ DATE: JUNE 12, 2007 SUBJECT: 906 NW 2"" AVENUE SIDEWALK DEFERRAL ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 906 NW 2°d Avenue. BACKGROUND This is a single family residential lot located on the west side of NW 2"d Ave just north. of NW 9~' Street. There are currently no sidewalks along NW 2n~ Avenue and no future plans to install a sidewalk along the right-af--way of NW 2nd Avenue. FUNDING SOURCE Not applicable RECOMMENDATION Engineering supports approval for sidewalk deferral. Enc cc Richard Hasko, Director of Environmental Services Caroline Kucmerowski CMT {originals) City Clerk Sidewalk Deferral Fite Agenda Fite Tune 19, 2007 S:U3ngAdmin\Sidewalk Deferra1s1904 NW 2nd Av\906 nw 2nd av agenda memo 2007-05-15.doc N L~ W `/~ I ^ ~ any uo~ui^+-S N C Q N Z eny ;S ~ MN O 07 C~ U (6 ~ N m ~ ~ ~ N Z N D 4 N Nf N N n 1 _ 0 N r Cfl Prt~~aar~cti:~y: R£7`~kt~'FC3: R, f~ria~ ;Stititt, ~sq: ~;it}~ Aitomev's ~f~ce 2QQ N~C~: 1~i Aven~r I7clray F3eacli Flori.~a 3'~A4~ A~;~11~E~i`~''~( ,~" .: ~~ ~GE~ etit~rec~= ii~t~ this ~ ~~ay of ~ `"' .,. 2(i(~, b~~ve~n ~e ~1ty-af1~.el~~.~ B.ea~I7 .(~~eF~~~af~erthe Gt~l ~~~- ~J~n~ t~rt~.~%t Na~~s ~e:r~~ I~. _> ~icr~»s~~e~ tfc C3uv~cr~), Fnz~' ~~ p~~~~os~ Qf ~v~`~~ fi~a~: r~gr~tr~t~~~k ~~` i~sta~~ati~il gt'~ si~:~ewa~k ~l~-ii 'f~Git2"~ ~veni~ _ tinril $e~ t~i~~ ~s'tti~ C~ r ~e cortsin3ct1~~~ <)Ft~ze:sici~~vaI~C by-the Qw~~~ 4~~T~R~~~~; I.aei:~ D~ve~t~;.c~ent R~~a~t~~in'~ect3ara' b I.~{~~ req~fr~.the:sixsta~Iatio~ ti~'~ sz~~lvalk, av~thln the ~i~~t 2~~ ~~~en~e . r~~ht-~f~wa~„ i~rr~ed~t~~}~. ~b~at~~~ ~ s~'la,~e ~r;~rt}~, tai E~a~`~7~ne~~pta.ar c~ tie zs~~€tiri~~-tr~`~ eerti~~~~t~:~i~'~c~ztp~-e~r ~i~ R7~R~A~S, dic =t~~~~~t~~~ l~av~ ur~fi~~ a ~vaive~ fi~t~~~ ~i~ e~r~ir~me~ i~~th~ x~st~~la~o a~'~'sid~~!~attlk:pr~~5ttattttti Laud 'sleli~ji~~:rtt,R~;i#l~fiiat~ ~*r~.tiOn G,1.3~3~j(1}(E'1; grid., ~4~`~~~~.~~1~, ~~ ~xder tv:: ~rava:c~~ ~~S~~mt along t~~ s.Cr~et the ~Ctt}~ Commi~st~n vt~fexi tt~ ~v~iwe`t~i~ r~q~:rezzit forf'~-~ inst~~latFa~ t~f ~ sit~~zi~: c~n~~~` such time ~s th~'~ tt~~ r~;.~t~.#~ t~wt~e~- c~~~stztct fhe..s~:d~r~~. C 4I?a~rrrne+rrts: card S`c%~trrg.~tmstc~~r}Lar.~rl?.i'L~tthgs~?'e~,)~ctrer~~ frrta~riet I'tf~i'rdF°It fi3'E~;9t1~'t,~r- 7rrit _ia~ xttfesiufk t(~e~rraf ng»ct brie WITNESSETH NOW, THEREFC3RE, 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, far the property located at: 406 NW 2"~ Avenue Lot 2. "912 Plat". PB 1Q4. Page 32 & 33 PCN # 12-43-45-08-42-UDO-002U The Owner agrees to construct a sidewalk, at its sole cost and expense, along the NW 2"~ Avenue right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to dv so by the City. The sidewalk, when constructed, shall meet atl 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 Falm Beach County, Florida and shall be binding on the parties Iegat representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement sct their hands and seals this day of , 200_. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney CriDacumerds and SeltfngslmirchlLocal Setttnga4Temporary lnt~net FileslOLKiBb140b my 2nd av sidcw+alk dejerrad agml.doc ~'~~~~~, ~~.~. ~ ~ , ~T~1c~s~ t~~p~ car ~rrnt.x~~z~~' . . ~~ ~~ '~` .~'san~l~ l.~~o~~~z..3 Mme or ~~as~ [stave] ~radtccrl ~~d __._.:~ w..~. ,_._ _,.fespec.~t~~3}~j'a5 ~-d~nti~c~t~t~~; ~.ri~ ~~t~~~~eo~z~s~l`th~ ~~iro~~r~. tl'P:rlt'-Ci1l~Ilt, ~a~e3 aclc;n~v+~~ed~~ci t~~farc c~tc't~[tat k7~~:~ [she] (;tt3~yj:ex~utec~:saidr+str~ter~t#"o~ tie. Pa~e~'~~~S~~sed th~:~~a~: 'C~i`i'~II~S mfr ~~~~ aid Effie n3 ~eai t3~ic~ u ;r~txts~i~n:expi~~;s;: ~ ~ ri ~~~ ~ lxnuce }A 1'~l~n ~,xplrE6`Q7122?0.1:1 a3k~aisfewi3lk:cl~si'el ~~teenleni. c, s tl ~sc~rntr~rJS nrt~t ~ttf~z~c,r~~~7ilrs.~,.r~aJ::CertUs~a $ 7'~~t~pstrar~ Fxit~rict I'~Ce~;l3l: i~ l ff~i li'~ rtty~ ~~risi' av #rrlcli!ivif~e}~/ercei~, rt; Date: 12 June 200? AGENDA ITEM NUMBER: ~ ~~ • y~ro`. AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda -Workshop Agenda -Special Agenda When: 19 Jun 2007 Description of Agenda Item (who, what, where, how much}: Approval /authorization for Mayor to sign sidewalk deferral agreement for 906 NW 2na Avenue. Recommendation: Engineering orts approval for ewalk deferral. Department Head Si ` gnature: ~ ~-1.3 --~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: (if applicable) Approved for Agenda: ~ / No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Sidewalk Deferrals\906 NW 2nd Av\946 nw 2nd av agenda 2007.05-15.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: JUNE 12, 2007 SUBJECT: AGENDA ITEM # ~ - GULAR l 912 NW 2 AVENUE SIDEWALK DEFERRAL ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 912 NW 2"a Avenue. BACKGROUND This is a single family residential lot located on the west side of NW 2"a Ave just north of NW 9~' Street. There are currently no sidewalks along NW 2"d Avenue and no future plans to install a sidewalk along the right-of--way of NW 2"a Avenue. FUNDING SOURCE Not applicable RECOMMENDATION Engineering supports approval for sidewalk deferral. Enc cc Richard Hasko, Director of Environmental Services Caroline Kucmerowski CMT (originals) City Cierk Sidewalk Deferral File Agenda File June 19, 2U07 S:1EngAdminlSidewalk Deferrala1912 NW 2nd Av\912 nw 2nd av agenda menno 2QU7-OS-15.doc a--~ N N `~/ ^ d Q -o c !V Z O~ any uo}uinnS N any ;S ~ MN L_ Z ~y PuZ MN w I nM N I N 0 C~ U N m L N r CO 1...~ir~~huki~ ~~.: .. ~ity:'~iiJt~i~ ~9 Q}~'- A~.,arK~i~'T!~~ ~~!'~3R s~r~~~~~ ~~a~T . :` .. .... 'r~3, #s~twe~ t~~e';City° ~f ~y ~~a~h {l~in~ ~~'~~tY~ anti:: ,_„ ~~,, ~ - ~ --... ~~,~.__ . ~it+~r~~i~ii£~~~'~i~ ~~ fir: #~r~: pt o~':,ier~~~:ti~e°'rrrten~ ~~`~#~~: ~~lra r , i~s~~is~i~ri: o:~a si~~~ ~rcg ~. I~ Z,: A~~~u~~ _:...e~nd~ °stxc~ <t~e as::th~ .~ ~~ ~~~~~~~ ~~:xh~ ~~~~y t:..o~r ........... . .. ~~~1rR~AS* ~e~ t~c.~e~a~t~ent:;Re~lah S~ec~a.~i,~;fi~:1.~.;~}.r~~~res:~q ~~~~. `a,Gb~<a $:. si~3~~ra1~, ~vit~ti~t~e° N'~1' hve~ rkg~it~~=~yv~~ t~rt~r~€s~ly :~b~t'gri~ tiie s~tk~;~~t. Pity', ~~ ~t ~~; prr~r. ta::::: iss~xan~~°~~~a:i ~c:a~~`~:u?~y~ ~; ::.. '~H~F~T ~1~~ ~f~~i~~ l~e~~q~~~st~€1:~~'~raf~ar f`r+rn~° t~x~~°~cq~i.~~me~~t>+~f': ~is~f~~i~~rs° Qf ~ gie~wai~~ p~r~ua~t~ too. Laid .D¢v~ls~tmi~r-t °I~~lilat~~n .~~cl.~:oi~.~:1..b-1~;;: Aft, i'E~~t~~, its°driier to prc~vid~` ~anft~rrit~. at~g tkte met Clie~~~i~ ~~r~mi;~~ii~~x v~d to .w;a~::~.~qur~i~~'t~ii~:~~ ii~~ic~ :~~:~::~i~~~k~:t~i~~t's~~ ~im~!:as:;~~'-~xreg~~~ t~`er~rtn~t ~i~~~~%~vsr~lk: C• 47)~~iHVti~iis.rird i~'eli~~sli+~dintjtGvcirJ ~eatlt~gck~'e~e~ot'ur~ lari~rcet.lr i1~+1C?l.K•i?~f'lb~l,~siti~ ~~`au ikir~iesrPk i~e~,~ri~rt~'rigrie~:.~c WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidcwatk, at this time, for the property located at: 9t2 N W 2"d Avenu e Lott "91 Z P lat" P B t 04 Page 3 Bc 33 _ _ PAN # t 2-43- 46-08- 42-000-001 d 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the NW 2"d Avenue right-of-way abutting the subject property, within a time period that is acxeptable to the City, atlas' being reclucsted to do ~ by the City. The sidewalk, when constructed, shall meet all of the curnnt ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shat! run with the land. This Agreement shalt 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 aseement set their hands and seats this day of , 200_ ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA Approved as to form and sufficiency: City Attorney Mayor C:1Dorumemt and Stuingsi~rltelelLoenl SenfngslTempararylnr~nrt FflerlOLKl8a191? mr 2nd av sldewaft deferral ag~u.doc _.:.. - . _. .:.. ~~~~ - - •:_..~-- ~.:.::.: rn1~~~ ~~~~~~ ~~~ ~ef~~ i{~bvl!sni E ~~... _..,.... ..... ~~.:: ... ....,. ,., 'N{~ ~'C€~`~IC ,fir ~i~''S{A:ayFkiphp~ '- ;: _ , . .~": id'..ans.~kln.. . ~xr.nz,zv2o~a ~ an ... _. C`'t~oeueire~ts ar~f:~tteir~s~eiirli4LpcQl:Seiti~rgsi]'•~~prririr~_ l~t~ aer , ites~~GJkJ$~~9(l~i n~ ?~ av~sJifiescwtk irr~l n~mt::iftiic• . ': ' ~{iLtGF 'fir •~Q~~~pifl 65~Ii~.~l~.~~kt~I~i~:~Q1' ~1~ Date: 12 June 2007 ~~ ,r,,. =` ..':" 1:~.. AGENDA ITEM NUMBEK: " AGENDA RE .VEST Request to be placed on: X Consent Agenda `Regular Agenda Workshop Agenda -Special Agenda When: 19 Jun 2007 Description of Agenda Item (who, what, where, how much): Approval /authorization for Mayor to sign sidewalk deferral agreement for 912 NW 2nd Avenue. Recommendation: Engineering,~ttgports approval fg~,sidewalk deferral. ~ •-13~- a Department Head Signature. ,`~jY~.~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: (if applicable) Approved for Agenda: ~/ No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Sidewalk Deferrals\912 NW 2nd Av\812 nw 2nd av agenda 2007-05-15.doc 1V~~MtJRANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager C~~~ FROM: Richard C. Hasko, Environmental Services Director Bob Diaz, Construction Manager SUBJECT: DATE: June 11, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to approve Contract Addition (C.O. No. 2) to the Block 64 Drainage and Water Main Improvements Project in the amount of $69,540.00 to Chaz Equipment Company, Inc. for the replacement of a collapsed Sanitary Sewer Main located between SW 3~ St and SW 4~' St. BACKGROUND Recent sewage backup complaints by neighborhood residents prompted the City's Water/Sewer network to conduct closed circuit televised inspections of the gravity sewer system. Inspections of the vintage clay pipe system resulted in the discovery of numerous undulations along the sanitary sewer main including one total collapse of the clay pipe. The contractor's scope of work will include removal of the sanitary sewer main between SW 3~ Street and SW 4~ Street including one manhole. Installation will include 720 lineal feet of sanitary sewer line (SDR 35), a new manhole and connections to existing manholes. Unit pricing based on the existing Block 64 Drainage and Water Main Improvement Contract. All costs associated with this contract addition for Project #2005-014 are detailed on the attached Schedule "A" Chaz Equipment Company proposal and location map. Funding is available from 442-5178-536-65.33 (Water Sewer Renewal & Replacement Fund/ Block 64 Improvements) after budget transfer. RECOMMENDATION Staff recommends approval of Contract Addition (C.C). No. 2) to the Block 64 Drainage and Water Main Improvements Project in the amount of $69,540.00 to Chaz Equipment Company, Inc. for the replacement of a collapsed Sanitary Sewer Main located between SW 3~ St and SW 4~ St. cc: File 2005-014 (E) U:\wwdrialtgmddAgmda Info b.19.OT(,bez tb 2 Agd Men GC RVCk>m.doc ANC /BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENTS PROJECT CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 / (Contract Addition) PROJECT NO. 2005-014 DATE: PROJECT TITLE: Block 64 Drainage and Water Main Improvements Project TO CONTRACTOR: Chaz Equipment. Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A" Chaz proposal. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $415,957.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 49,000.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $464,957.00 COST OF CONSTRUCTION CHANGES THIS ORDER $69,540.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $534,497.00 PER CENT INCREASE THIS CHANGE ORDER 16.71 TOTAL PER CENT INCREASE TO DATE 28.49 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. Chaz Equipment Co., Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: 442-5178-536-65.33 DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: APPROVED: Environmental Services City Attorney s:~gaa,~~i~~:~2oos~zoos-o~a~orncuuacne~ co z cc.aa~ By: Mayor ATTEST: By: City Clerk CERTIFIED BY Change Order Propose! as requested 6y Scott Solomon ~~ ~ ~>~ 3180 fairiane Farms Raad WELLINGTON, FLORIDA 33414 Phone (581} 333-21Q9 Fax (681) 333-21St) Block 64 A[tey Sanitary Sewer Replacement Change Orcier Proposal submitted on May 31, 2007 to The City of Delray Beach. Prices are as described below for replacement of sanitary sewer in the Block 64 Alley between SW 3rd Stand SW 4th St. Work to be constructed in conjunction with the work on existing Contract with City of Delray titled "Block 64 Area Drainage and Water Improvements". Itsm # Description Qty Total MoBifization S 2,SOO.tso Equipment Movean J Mova out Per unit prkcing of Bfoek fi4 Contract Removal of existing asphalt pavement, sidewalk for Instatlatlan , pothole exlstln8 Per unit pricing of Block fi4 Contract Soils Teating BY City Performance Bond 1 LS S 1,406.OD S 1,400.00 takhrg and Layout t As-Built 1 LS S - TSOAD S 750.DD Mahrtenance of Tnfttc 1 LS 5 36D.00 S 360.00 Sanitary Sewer f 67,040.00 ve existing main; install nsw B" BDR 36 ntta sewer 1 a -8 -2 se manta 720 tF 545.00 $32 .00 Remove axtating manhole ; MaUall new 4' Manhole (0~) -middle of alley between 3rd end th 8t 1 EA 760.00 750.00 ' ManhoM (D-6) -Apply Sewpereoat fn exlating In 4th St south & ust north at 3rd St north 2 EA Si 500.DD 53 OO.OD Connect f4 exiati MH 0.8 2 EA 900,00 Si 0.00 PVC Latent • single service wl elearwut ~Pt 8 nnectto ezhti servfee 20 EA 51 100.00 522 OOO.DO " PVC lateral -double service wf cleanoufs ~ PL connectto exhKin service 1 EA 1 860.00 S1 fi60.00 La Sewer fNo Air bast connectto existin Included in Untt Pricin TV fns ct / to svC locations lZD LF 52.00 S1 .00 R@stOPatlOn Per unit pricing of Bfoek fi4 Contact $ Grand Totat: ~ $ 69.540.00 Respectfully A a For Cha= Equipment Co., Inc. 4 ~~ u n8 •a 5~ ~~A L~ A a C A' Agenda Item No.:~ AGENDA REQUEST DATE: JUNE 11, 2007 Request to be placed on: X Consent Agenda Regular Agenda WHEN: JUNE 19. 2007 Commission Meeting Special Agenda Workshop Agenda Description of item (who, what, where, how much): Change Order No. 2 (Contract Addition) to the Block 64 Drainage and Water Main Improvements Project #2005-014 in the amount of $69,540.00 to Chaz Equipment Company, Inc. for the installation of a replacement sanitary sewer main between S.W. 3`d Street and SW 4th Street. Scope of work includes complete removal of the existing sanitary sewer main including one manhole. Installation will include a replacement manhole and 720 lineal feet of sanitary sewer line (SDR 35) including all connections to existing manholes. Unit pricing based on the existing Block 64 Drainage and Water Main Improvement Contract. All costs associated with this change order for Project #2005-014 are detailed on the attached Schedule "A" Chaz Equipment Company proposal. Funding is available from 442-5178-536-63.51 (Water Sewer Renewal & Replacement Fund/Improvements Other/V1/ater Mains) after budget transfer. Budget transfer form attached: Transferring $69,540.00 from #442-5178- 536-63.51 to #442-5178-536-65.33. ORDINANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of Change Order No. 2 (Contract Addition) to the Block 64 Drainage and Water Main Improvements Project the amount of $69,540.00 to Chaz Equipment Company, Inc. for the installation of a replacement sanita sew r main between S.W. 3/3i~eet and SW 4 h Street. Department Head Signature: Determination of Consistency with Comprehensive Plan: 6 - i 2. -vim City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~ (/'~" Funding alternatives N/A (if applicable) Account No. & Description: ~ ~ 442-5178-536-63,68 (After Budget Transfer) (WaterlSewer Renewal 8~ Replacement Fundllmarovements Other/Sewer Mains City Manager Review: Approved for agenda Hold Until: Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved °-"°~1 S:\EngAdmm\Projec4s\2005\2005-014\OFFICIAL\Chaz CO 2 Agrnde Req GC.doc MEMORANDUM TO: Mayor and Commissioners FROM: Carolanne Kucmerowslci, Construction Management Technician THROUGH: David T. Harden, City Manager j~~'~ DATE: June 8, 2007 SUBJECT: AGENDA ITEM # U . (l -REGULAR MEETING OF JUNE ].9, 20U7 CONTRACT CLOSEOUT (CHANGE ORDER N0.2/FINAL)/CHAZ E~ NT COMPANY, INCJA-I-A WATER MAIN UPGRADE PROJECT 2002-023 ITEM BEFORE THE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of {-$65,124.34} and final payment in the amount of $35,428.19 to Chaz Equipment Company, Inc. for completion of the A-1-A Water Main Upgrade Project. BACKGROUND The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #637772 to funding account 442-5178.-536- 65.27 (Water/Sewer Renewal & Replacement Fund/Other Improvements/SR AIA/East Atlantic/ Pelican). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$65,124.34) and final payment in the amount of $35,428.19 to Chaz Equipment Company, Inc. for completion of the A-1-A Water Main Upgrade Project. x: Agenda File 06/!9107 FIIe 2002-023 (E) S:16ogA~in~.Projecri~062~1,002-423\OPMTCLiS.:~Chez C02 Final Agd Mw GC 061907,doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT ' CHANGE NO. 2 /Final (Contract Closeout} PROJECT NO. 2002-023 DATE: PROJECT TITLE: A-1-A Water Maln Upgrade TO CONTRACTOR: Chaz Equipment Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes #o project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,185,514.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $fi0.550.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,246,064.00 COST OF CONSTRUCTION CHANGES THIS ORDER (~b5.124.34) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,180,939.66 PER CENT DECREASE THIS CHANGE ORDER -5.49% TOTAL PER CENT DECREASE TO DATE -0.38 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 bene'~t of competitive bidding. Chaz Equipment Company, Inc. (Contractor to sign & seal} TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental. Se.rvi.ces By: Mayor ATTEST: By: City Clerk APPROVED: City Attorney S:\EngAdmin\Projxts\2001\2°02-023\OFf]C1AL\Ct~ CO 2 Final GC; 06t9°?.doe SCAEDULE"A" TO CHANGE ORDER NO.2 /FINAL (CONTRACT CLOSEOUT) CHAZ EQUIPMEI~7' COMPANY, INC. SR AIA (OCEAN BOULEVARD) WATER MAIN UPGRADE P/N 2002-023 ITEM NO. DESCRIPTIOI!i UNIT 1 MaimenaaceofTrss;;c LS. 2 See Mobitixalion~DemolriDzation L.S. 3 Clew ' A. Gnt L.S. 4 luU Treoch LF. 5 FDOTT "PCurh L.F. 6 Remove and Reinstall Ikivewa - n S.F. 7 5' Coacretc Sidewalk 4"thick S.F. 8 Pavement Mat ~ and Sine LS. 9 S" C•900 PVC Water Mam L.F. 30 6" x 6" T Tee w! V give EA 31 8" Guc Valve EA. i2 6" Gate Valve EA i3 8" Line St EA 14 6" Line Si FA 1S :'J rComuction EA l6 RdocaldCotmett to Exist' Fire ram F.A 17 F$1 d. Flush AssemD EA IS S kPoint EA l9 S' k Water Service EA 20 Double Water Service EA 2i Covnat to Ex. WMez Mam FA 22 Abandoa Exist ~ Wata Maia L.S. 23 Sodded Swale S.Y. 24 Proiecl S1 F.A 25 AS-RUSLT Dra ~ I.S 26 R lace PBC Ttaffx S' Loo Allowance LS 27 Landsc Allowance LS. 28 Unfit Aflowat~ce L.S. 29 VIdC0 Al10R'aRCC L.S. 3U Inde+nniScation L.S. 31 Ear Co ktion Boma TOTAL ORIGINAL CONTRACT A WARD F.spllak trench repay { 1 1!?" to A 1/2" 4 tDicknesst LF 1367 E 13.7400 $73,590.00 4209 S 13.7400 557,831.66 (315,758.34 Additiona145 deg fuliogsiresirets at {uture 9a stotrn offset (Sty 475-476) EA 4 $ 540.00 $2,160.00 4 5540,0000 52,160.00 50.00 23 Sodded swak SY -1900 $ 18.00 534,200.00 -1900 S 18.0000 (534,200.00) 50.00 23a Soddedawakl~sedw!otaio5lttation) SY 1900 $ 10.00 SL9,000.00 303] S 10.0000 530310.00 511,310,00 TOTAL CHANGE ORDER NO.1 560,580.00 556,101.66 (54,448.34) TOTALCON7'RACTAWARD&PREVIOUSLYAP)rROVEDCHANGFS Si1A6,064.00 $1>1s0,939.66 (E6S.124.34) CHANGE ORDER N0.21 FINAL Quantity Adjustmen(s (above) (565, E 24.3a} TOTAL CHANGE ORDER NO. 2 !FINAL (56541M,34) GRAND TOTAL CONTRACT AWARD & CHANGE ORDERS St,180,939.66 CHANGE ORDER N0.2 /FINAL SUMMARY Original Contract Award 51,185,514.00 Previously Approved Changes $60550.00 Total Award and Previously Approved Changes 5F,246,064.00 Final Contract to Date 5I,180,939.66 CHANGE ORDER N0.2 / F)NAL (S65,t24.34) S:SEngAdminlProjecLS1200212002-02310FF1CU1l\Chaz Sehedtrta A Final GC 081907.x1s se,las,sla.eo sl,lu,s.3>LOO (56o,67a.oe) Agenda item No.: ~~ AGENDA REQUEST Request to be placed on: DATE: June 8, 2007 Consent Agenda X Regular Agenda WHEN: JUNE 19.2007 Commission Meeting Special Agenda Workshop Agenda Description of item (who, what, where, how much): This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$65,124.34} and final payment in the amount of $35,428.19 to Chaz Equipment Company, Inc. for completion of the A-1-A Water Main Upgrade Project #2002-023. Background The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Residual funds to be liquidated from Purchase Order #637772 to funding account 442-5178-536-65.27 (Water/Sewer Renewal & Replacemen# Fund/Other Improvements/SR A1A/East Atlantic/ Pelican), ORDINANCE/RESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of {-$65,124.34) and final payment in the amount of $35,428.19 to Chaz Equipment Company, Inc. for completion of the A-1-A Water M in Upgrade P ct. r Department Head ,- Signature: ~ --1 ~~ A ~ ~'`^ ~ ~ -~''~ Determination of Consistency with Comprehensive City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available N/ ~ d~e~.%~ Funding alternative N/A (if applicable) Account No. & Description: NIA City Manager Review; Approved for agenda: /NO ~/I Hold Until: G/w Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved S:~AdminlFrojeus~2002'3002.023\OFFIC7AU.C7w. C0 2 Feral A~rndn Req GC 061907.doc MEMORANDUM TO: Mayor and Commissioners FROM: Carolanne Kucmerowski, ConstructnionnManagement Technician THROUGH: David T. Harden, City Manager ~~/'(/ I DATE: June 7, 2007 SUBJECT: ITEM BEFORE THE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$11,047.50) and final payment in the amount of $16,132.23 to Horsepower Electric, lnc. for completion of the US 1 at Tropic Boulevard Signalization Project. BACKGROUND The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #632169 to funding account 334-31b2-541- 65.68 (General Constnzction Fund/Capital Outlay/US 1 at Tropic Boulevard Signal}. RECOA~IlVIENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of (-$11,047.50) and final payment in the amount of $16,132.23 to Horsepower Electric, lnc. for completion of the US 1 at Tropic Boulevard Signalization Project. cc: Agenda File D6119107 Ffle 2004-430 (£) S:\EngAdm'uilProjects'd004+2004-Q3610FF[CIAU,Horsepower C02 Front Agd Men GC 0619U7.doc HORSEPOWER ELECTRIC, INC./US 1 AT TROPIC BOULEVARD SIGNALIZATION PROJECT 2004-030 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 /Final (Contract Closeout) PROJECT NO. ZQ04-030 DATE: PROJECT TITLE: US i at Tropic Boulevard Signalization TO CONTRACTOR: Horsepower Electric, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND' COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $298,298A0 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $35.394A0 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $333,692.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($11,047.50 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $322,644.50 PER CENT DECREASE THIS CHANGE ORDER -3.70% TOTAL PER CENT INCREASE TO DATE +8. i 6 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Horsepower EIectric, Inc. (Contractor to sign 8c seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental. Services APPROVED: City Attorney By: Mayor ATTEST: By: city clerk S:IE~AdmiolProjects~2004'~20D4-030~.OFFICfAUHorsepowu CO 2 Final GC 06 ] 907.doc SCHEDULE"A" TO CHANGE ORDER N0.2 /FINAL (CONTRACT CLOSEOIiT) HORSEPOWER ELECTRIC, INC. US I AT 9"I20PIC BOiJLEVARD SIGNALIZATION P/N 2004-030 ITEM NO. DESCRIPTION UNIT 1 MObilisaiion LS 2 Maintenance ofTrnflic ~ 3 C + &. Cnubbin ~ 4 Removal of Existin Concrete Pavement SY 5 12" Stabilized Sub ode ~' 6 R" Lin>taock BasC SY 7 T S•lll As obit Concaotc 314" lift SY 8 ional8ese Gro 14 SY 9 Su avc As haltic Concrete Tratlic C TN 10 Pi ]iandrail - Guidcrail {Alumintnn) 11 Concrete Curb D ~ 12 Concrete Sidewalk, 4" Thick SY 13 Directional Bore ~ 14 Conduit F&J Above und) LF 15 Conduit &I) (Un tmd) LF 16 Conduit (Under d LF I7 Cable Si al) F&R PI 18 Pull & Jumtion Boxes F&1 (Pull Box EA 19 PuII & Junc[irnt Boxes (F&I (Fiber its} EA 20 £]ectricalPowerServicc Undm+mnn AS 2] Electrical Service Wire LF 22 MaatAcmASSerabl FRc Sin+ieArm Bl- t) F-A 23 MastAtmAaaemb F (Sin IeAtm B3 2 EA 24 Mast Arm Assernbl (F8: Sia eArrn CS-R3 EA 25 Masi Arm Asscmbl & Si 1e Arm C6-R4 EA 2b Trafrc Si 1 F&I 3-sceUOn (I-wa Standard EA 27 'TrafficSi+nal F8 5-scctian I- Standard EA 28 Pedestran Si nal (F&0 ID) 1-w 1 EA 29 Si iHOQAUS11ibiCfPBI IB IMd J-eationl EA 30 Si nalHeadAUxiliarirs F& (Tunnel Visors EA 3l Si nal Head Auxiliariea (F& Jvuminum Pedestal' EA 32 IMogive ~eector &: c z t Ch,R,S TD EA 33 Loo Assembt F@I F AS 34 Pedestrian Detector (F Pole Mounted) EA 35 Tra£fie Controller Assernbl AS 36 lnternall Illuminated Si EA 37 Renmve Existin Si EA 3R Si in and Pavement Markin + IS 39 Uiilit Allowance LS 40 VidcoAltowance C.S 4] 3ndemttificadon LS 42 Demolition LS CONTRACT AWARD Ems' QTV- UNIT PRICE EXTENDED TOTAL PRICE 1 526,370.00 S2G 370.00 1 59,356.00 g9 356.00 1 510,000.IX1 510,000.00 1o s4o.oo S4D0.00 62 520.00 51240.00 62 535.00 52170.00 132 SI.0.00 $1320.00 to azo.oo 5200.00 2 5300,00 5600.00 57 540.00 52,280.00 196 SF5.00 52.940.00 47 540.00 S 1 880.00 354 535.00 S12 390.00 50 SL5.00 5750.00 596 535.00 $20,860.00 1062 $5•~ S 5 310.00 1 f25,000.00. S 25 000.00 g 5704.OD S 6100.00 q 51,200.00 S 4.800.00 1 5250.00 S 250.D0 g St0.00 S 80.00 1 519,628.00 S 19 628.00 1 521,199.00 S 21199.00 1 522,665.00 S 22 685.00 1 526,140.00 5 26,140.OD g 51,000.00 5 8.000.00 2 51,000,00 S 2;000.00 G 5650.00 S 3 900.00 q 5zoo.oD 5 aoo.Do 34 510.00 S 340.00 q 5750.00 5 3000.00 8 5150.00 S 1 200.00 ID 5900.00 S 9 D00.00 6 5175.OD S 1,050.00 1 520.000.00 S 20,000.00 q 51,800.00 S 7 200.00 2 5200.00 S 400.00 1 53.500.00 5 3 500.00 1 510,000.00 s ]aooD.oD 1 53,250.00 5 1250.00 1 510.00 5 10.00 l S2,SOD.DD S 2 500.00 TOTAI.ORICINAL CONTRACT AWARD 5298,298.00 ~- CONTRACT TO DATE ACTUAL QTI'. UNIT PRICE EXTENDED TOTAL PRICE 100°h 526170.00 526,370.00 100% 59,356.00 S9 356.00 loo°h sla,ooo.o0 510,000.00 ZO 540.00 5400.00 62 520.00 51 40.00 62 535.00 S2I.7D.00 o alo.oo SD.oo IO 520.00 S2W.00 2 5300.00 5600.00 0 540.00 50.00 1D2 SIS.flO 51530.00 47 540,00 SI,8R0.00 37l 535.00 S12,9R5.00 50 SL5.00 5750.00 466 535.00 516310.00 1,113 $5.00 $5,565.00 l $25 000.00 $25 000.00 20 $700.00 $14 000.00 4 $1200.00 $4,800.00 1 $250.00 $250.00 20 $10.00 $20D.00 3 $19628.00 $19628.00 1 $21199.OD $21,199,00 1 $22,685.00 $22,665.00 1 $28140.00 $28140.00 8 $1,000.00 S8 000.00 2 S1 000.00 $2 000.00 6 $650.00 $3.900.00 4 $200.00 $800.00 34 $10.00 $340.00 4 $750.00 $3,000.00 8 $150.00 $1,200.00 10 $900.00 $9 000.00 6 5175.00 1,050.00 I $2t1,D00.00 $20 000.00 4 $1,800.Q0 $7,200.00 2 $200.00 $400.00 t $3500.D0 $3,500A0 10.93% $10,000.00 $1,092,50 0 $1 250,00 $0.00 f $10.00 $10.00 I $2 50D.D0 $2 500.00 5287,ESt1S0 (511,047.50) S:\EngAdmin\Frojecfs12004\20D4-030\OFFICIAUIiorsepower Schedule A Final GC 061907xis SCHEDULE"A" TO CHANGE ORDER N0.2 /FINAL (CONTRACT CLOSEOUT) HORSEPOWER ELECTRIC, IIvC. US 1 AT TROPIC BOULEVARD SIGNALIZATION PIN 2004-030 '~Q: "I DESCRIPTION CHANGE ORDER NO. 1 WW ork rtquirod during permitting by Paltn Beady Cowty to upgrade fhc Mast Arms TOTAL CHANGE ORDER NO.1 CONTRACT AWARD _ ES`I EXTENDED ___. UNIT P1iICE TOTAL 535.394.00 ~~ 535,394.00 TOTAL CONTRACT AWARD & PREVIOUSLY APPROVED CHANGES __3333,692,00 CHANGE ORDER N0.21 FINAL Quer#ky Adjustments {above} (511,047.50) TOTAL CHANGE ORDER N0.2 !FINAL (Sn,047SO) GRAND TOTAL CONTRACT AWARA & CHANGE ORDERS 5322,644.50 CONTRACT TO DATE EXTENDED ACTUAL UNIT TOTAL QTY. PRICE PRICE CHANGE ORDER N0.2 /FINAL SUIVIMARY Original Contract Award 5298,298.00 Previously Approved Changes 535,394.00 Total Award and Previously Approved Changes $333,692.00 Final Contract to Date 5322,644.50 CHANGE ORDER NO. 21 FINAL ($11,047.50) QUANT ADJ. +!- E 35,394.00 50.00 535,394.00 50.00 5322,644.50 (511,847.50) S:1EngAdminSProjec1st200412004-03010FFICIAL1HOrsepower Schedule A Finel GC 061907.x1s 2 Agenda Item No.:~ -J.• AGENDA REQUEST Request to be placed on: Consent Agenda X Regular Agenda Special Agenda Workshop Agenda DATE: June 7, 2007 WREN: JUNE 19, 2007 Commission Meeting Description of item (who, what, where, how much): This item is before the Commission to approve a Contract Closeout (Change Order No. 2JFinal) in the net deduct amount of (-$11,047.50} and final payment in the amount of $16,132.23 to Horsepower Electric, lnc, for completion of the US 1 at Tropic Boulevard Signalization Project #2004-030. Background The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Residual funds to be liquidated from Purchase Order #632169 to funding account 334-3162-541-65.68 {General Construction Fund/Capital Outlay/US 1 at Tropic Boulevard Signal} ORDINANCEIRESOLUTiON REQUIRED: NO Recommendation: Staff recommends approval of a Contract Closeout {Change Order No. 2/Final} in the net deduct amount of {-$11,047.50} and final payment in the amount ofi $16,132.23 to Horsepower Electric, Inc. for completion of the US 1at~Tropic Boulevard S'sgn~4jzation Project. Department Head ~~~~ .,~ Signature:. ~-- ~ ~~ ~ ~. ~ `~~ ~ ' Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding availabl .N/ ~ ~~ Funding alternativ NIA (i# applicable) Account No. & Description: NIA City Manager Review: Approved for agenda: ~INO Hold Until: Agenda Coordinator Review: Received: _ Placed on Agenda: Action: ApprovedlDisapproved S:1E~AdmePBrojeds'Q004~2D04-03010FF7C1AL~I-lonepower CO 2 Fina1 A~tndn Req GC 06I907.doc MEMORANDUM TO: Mayor and Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician THROUGH: David T. Harden, City Manager ~/,i " ' DATE: June 14, 2007 SUBJECT: AGENDA ITEM # ~ . J -REGULAR MEETING OF JUNE 19.2007 CONTRACT CLOSEOUT CHANGE ORDER N0.2/FINALUROSSO PAVING & DRAINAGE. INC./EAGLE PARK PROJECT 2004-050.1 ITEM BEFORE THE COMMISSION This item is before the Commission to approve a Contract Closeout {Change Order No. 2/Final) in the amount of $19,167.10 and final payment in the amount of $83,345.24 to Rosso Paving & Drainage, Inc. for completion of the Eagle Park Project. BACKGROUND The additional funding needed for this project is due to the installation of additional irrigation for the east property line and parking lot islands; the installation of two {2) drains {C-inlets) at the Temple Sinai property line to resolve drainage concerns, which included regrading and resodding; the installation of a header curb around the pebbles and bricks at the pavilion, to replace the plan specified metal edge border, far safety concerns; and quantity adjustments. The change order includes plus and minus quantity adjustments, liquidated damages, and additional services required to complete the project. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Funding is available from 3$0-4150-572-63.23 {2004 G.O. Bond/Other Improvements/ Neighborhood Parks). RECOMMENDATION Staff recommends approval of a Contract Closeout {Change Order No. 2lFinal) in the amount of $19,167.10 and final payment in the amount of $83,345.24 to Rosso Paving & Drainage, Inc. for completion of the Eagle Park Project. eC: A9ends File 08/78/07 Fik 2004050.1 (E) 3:1EnSAdm®1Projats12004~2004•QSO.t~OFF'tCiAilltaao CO ~ FinaE Aad Mem OC 06t907.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 /Final (Contract Cloaeont) PROJECT NO. 2004-054.1 DATE: PROJECT TITLE: Eagle Park TO CONTRACTOR: Roaao Paving & Drainage, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER +4.90% TOTAL PER CENT INCREASE TO DATE +13.80 $390,972.20 $34,815.00 $425,787.20 $19.167.10 $444,954.30 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, is my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Rosso Paving & Drainage, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT IIdITIATING CHANGE ORDER Funding is available from account: 380-4150-572-63.23 ($19,167.10} DEPARTMENT .FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk s:~ero;«~~zoo~2ooa~-0w.~wrric~.+n~ rn x ~ ac oai9m,ao~ SCHEDULE"A" TO CHANGE ORDER N0.2 !FINAL (CONTRACT CLOSEOUT) ROSSO PAVING e& DRAINAGE, INC, EAGLE PARK Pr1Y 206~W50.] CONTRACT AWARD INUM DESCRIPTION UNIT Q,I,Y r UNIT PRICE EXTENDED TOTAL PRICE ] SiDCMobiliution L3 ~ i , 516,000.00 116000.00 2 __ Main-eosttoe of Traffic ~~ 1 52.000.06 S2 000.00 3 AsBuilt Renard 17rawia 14 1 52,000.00 Opp.00 a ladeuni6ption ! LS 1 ~ SIO.DO 510.00 S Pro jxt Identification Slga EA 1 5625.06 5625.00 b __ Erosion PmteRicm measnss .-.MV~ IS I 54.680.00 f4 680.00 1 a ~ and Gt>, Gs _ t szisoo.oo sal .00 g ~ ~ CY 330 51495 . 55162.SD 9 1-iR" T S-AIA~Ma1t Caecnete Sur&eo Coueee SY 300 525_00 S7 SOO.OD 10 B" Gmxrodc Base (IBR 40) ~ ~ 300 ~ 323.00 S6 900.00 ! 1 _ 12" Stebt7ized, Compacted Subgrade ~ SY 360 : 520.59 S7,380.00 i2 _ astc Ctttb - FDCrf 7~e D T~` 535 517.50 S9 62.50 l3 ,_ _ 5' Wide Concrete Sidevallc f4" mick) 3F 7,722 ~ 54.50 134 749.00 14 15 Cotxreta Pads Concrete Pavan with Bedding SF SF 358 531 57.60 '~ ~SS0.50 S2 720.80 35 75.50 16 PswmaU Mutiny ,__. ~ ! 51.425.00 51425.00 !7 18 19 20 33andi Parkin8 Signs Ouardtail Removal Goardtail Reinstallation ---- New Goudra6 FA ~ LF +---~ LP i 2 454 454 70 ' 5345.00 54.65 T 515.10 , 557.65 5690.00 S 111.16 56 855.40 S4 035.50 2l Guerdnil Rounded End EA 4 5132.00 5528.00 22 Fantlaai EA _ I { 33,900.00 S3.900.90 23 B~Racl~ . FA 1 X51,000.00 1000.00 2q ~.... ~~ _.~__... EA 4 ! 5850.00 83 400.00 25 Ttaah R ks 13A 4 5875.00 S3 500.00 26 Picnic Tabla ~_ . FA 1 51.150.00 51 150.D0 27 A!)A Picnic Tabk ' >rA 1 S 1,300.00 SI 300,00 28 Pavilion I.S 1 548.000.00 yI8 DOD.00 29 Tot I.ot PlsY3cound Safd~ Stafrce CY 143 545.00 S6 435.00 ~ , Water Service [o bricking Fountain !S f SIO,000.i10 110000.90 31 gasclt.Pebpks Surace ~ SF 455 i 55.10 S 20.50 32 Ba~Sm Rose EA 244 53.30 580510 33 SaverEattonwood E.A 8 5215.00 11729.00 34 Canna Lilies FA 621 515.40 59.625.00 35 Red T' Cocoplum .Y____..______y~,, EA 168 S12.d0 f2 083.20 ~ a1 Poinciana F.H I 5420.00 5420.9D 37 Lgoisianalris F.A 178 59.65 !1717.70 38 trumTrea ~ 11 ~•~ 5765.60 39 Waterk'ly _ EA i 96D 53.30 3168.00 40 Ci®atnan Fags EA 1,016 59.10 S9 245.6D 41 Siaah Pine EA { 39 i 56015 S2 344.75 42 Give Oak ~ BA ! - ro 5438.65 511 404.90 43 Ro a1 Palm EA , 4 582910 S3 316.80 'a Cabbage Palm ___.^. ..~„_ ~ 17 1251.65 S4 278.05 45 Bald C PA 35 5372.65 113 042.75 46 F.>:^>,a..t,,.. Grasa - PA 273 512.10 53 03.30 47 Cattails FA 126 58.80 1108.80 48 Flaw Mulcb ~.- ~ CY 60 539.60 u TZ 376. 49 Pine Snuw Mnkh SF 5,245 51.50 S? 861.50 SO ~, ioe Sod SF 78,495 5035 127 473.25 31 Tree Removal ~ Relocation ~ HA 13 St,2b5.00 S I6 445.00 52 Isri stem LS 1 I 537,200.00 537 00.00 53 _ Ptrk Sigo~ ~ 1~ 52,690.00 52 690.00 54 _ Video Allowance ~ 1 5750.00 5750,00 55 Utili Albwance __..._ . ~~~ 1 ;S5,000.00 S5 000.00 TOTA4 ORIClNAL CON71tACT A WARD 5398,47210 CONTRACT TO DATE ACTUAL Q,I.~,. TJNIT PRICE EXTENDED TOTAL PRICE 10075 116 .00 316,D00.00 I00?G SZ 000.00 52 000.00 100% 32000.00 2000.00 loose sto.oo s1o.o9 1 3625.00 5625.00 106X 54680.00 54,680.40 loose szl .oo s2t son. 350 SI4.75 SS 162.50 aza s2s.oo slaboo.oo 456 523.00 110488.00 520 520.50 110 b60.00 273 S17.50 S4 777.50 912a 54,50 541058.00 401 57.60 S3 093.20 173 510.50 S6 016.50 I00X S1 425.00 S1A25.00 2 5345.00 5690.00 414 54.65 S1 925.10 414 515.10 S6 1.40 129 557.65 57,436.85 4 5132.00 5528.00 1 S3 900.00 S3 900.00 1 51 000.00 I .00 9 5850.00 53 400.06 4 5675.00 E3 500.00 1 51150.00 S1150.00 I S1 .00 S1 00.00 1 000.00 S 000.00 t51 545.00 56195.00 I OOY. S 10000.00 110 000.00 aa2 ss.lo s2 s4.zo 244 53.30 5805.20 8 S2I5.00 11720.00 625 15.40 S9 625.00 168 S 12.40 S2 083.20 1 5420.00 3420.00 178 59.65 S1,717.70 It S69.60 5165.60 960 53.30 S31b8.00 1 l6 59.10 S9 5.60 39 560.25 S2 49.75 26 5438.65 511404,90 4 5829.20 53 316.80 l7 5251.65 S4 78.05 35 3372.65 Sl3 D42.75 273 512.10 S3 303.30 126 58.80 SE 108.80 6d 539.60 S 376.00 4864 51.50 S7 96.00 84 4 50.35 S29 408.40 13 Sl 65.00 S1b445.Q0 100% i3? 00.00 f37 .00 100° s 69o.od sz69o.o0 100% f750.00 5750.00 0°R S5 D00.00 50.00 746.30 S~~ 11 S.1EnpAdml .110FFICMLUtottto Scitrdttla A FMM OC 0131Ii07.xls SCHEDULE"A" TO CHANGE ORDER N0.2 /FINAL {CONTRACT CLOSEOUT) ROSSO PAVING dt DRALNAGE, INC. EAGLE PARK PIN 2004-050.1 CONTRACT AWARD EXTENDI ITEM DESCRIPTION UNIT ~' UNIT PRICE TOTAL CONTRACT TO DATE EXTENDED ACTUAL UNIT TOTAL QUANT ADJ Q.I.Y. PRICE PRICE + / - 1• MOT !k. Survey 1 5800.00 5800.00 ! (800.00 5800.06 50.00 Fumiah Bc place type F curb 400 537.00 514 800.00 398 537,00 S i4 726.00 ST4.00 Demo existurg Sidewalk f 54,000.00 54 000.00 1 S4 000.00 S4 000.00 f0.00 Coaa4ua 4" thick sidewalk S wide 445 527.00 512 015.00 46] 527.00 S 12 447.00 5432.00 ]tmroval o[Treos 1 53,200.00 S3,200.00 1 53,200.00 53,200.OD 50.00 TOTAL CHANGE ORDER NO.1 534,875.Oa TOTAL CONTRACT AWARD ~ PRHVIOUSLY APPROVit~ CHANGES 5425,787.20 CHANGE ORDER N0.2 ! FlNAL insta8elion of add9 spray treads a< seal property Ilrte and In palkirp 53,255.00 !rK lelafrde: 40 treads, 2 Electric vatvee and tykes ib coMrotlera Ftmish tt place 1 'C" 5tnrdure w/oogar and 54,900.00 Gra6B +1-10 LF of pipe (HOPE); 3x4 collar Famish 8, kmrmll t type "C" Inlet, 30 LF - 92" stdtedule 40 PVC, 56,000.00 1 LS; regrade area and restore sod Irxkaq Header Curb around pebbles and 52,880.00 bricks et pavilion - 80 LF ~ 532.0018. Cuantlly AdNstmer>ts (above) 512,132.10 LigQldated Damages - 20 days ®SSOO.OOIday (314,000.00> TOTAL CHANGE ORDER N0.2 /FINAL 519,167.]0 GRAND TOTAL CONTRACT AW ARD di GRANGE ORDERS 5444,95430 Ci~ANGE ORDER N0.2 /FINAL 5Ui4II1~tARY Original Contract Award 5390,972.20 Previously Approved Changes 534,815.00 Total Award end Previously Approved Changes 5425,78720 Final Contract to Date 5444,954.30 21 s35,><rs.oo sssswr $437919.30 512,132.]0 ~a~ 3:1EngAdminl .iIOFFICW-1Rosso Sdredtde A Final OC 0131gD7.xls 2 Agenda Item No.:~ AGE~iDA REQUEST DATE: June ta, 2007 Request to be placed on; Consent Agenda X Regular Agenda WHEN: JUNE 19,,2007 Commission Meeting Special Agenda Workshop Agenda Description of item {who, what, where, how much): This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final} in the amount of $19,167.10 and final payment in the amount of $83,345.24 to Rosso Paving & Drainage, Inc. far completion of the Eagle Park Project #2004-050.1. Background The additional funding needed for this project is due to the installation of additional Irrigation for the east property line and parking lot islands; the installation of two (2} drains (C-inlets) at the Temple Sinai property line to resolve drainage concerns, which included regrading and resodding; the installation of a header curb around the pebbles and bricks at the pavilion, to replace the plan specified metal edge border, for safety concerns; and quantity adjustments. The change order includes plus and mihus quantity adjustments; and additional services required to complete the project. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. ORDINANCEIRESOLUTlON REQUIRED: NO Recommendation: Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the amount of $19,1t37.10 and final payment in the amo~rtt"o''i}$83,345.24 to Rosso ~jng & Drainage, Inc. far completion of the Eagle Park Project. Department Head .~, Signature: ~-tw-~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation {if applicable) Budget Director Review (required all items involving expenditure of funds}: Funding availab! E Funding alternatives NIA {if applicable Account No. ~ Description: 380-4150-572-63.23 2004 G.Q. i3ond/Other improvements/Neis~hborhood Parks City Manager Review: Approved for agenda: J~INO Hold Until: V Agenda Coordinator Review Received: _ Placed on Agenda: Action: App roved/D i sap proved s:~~a.~.aw~xoa+-osa.i w~crni.~«a co z r~na tea. x~a oc o~ i9a~r.aa MEMORANDUM TO: Mayor and City Commissioners FROM: Kerry B. Koen, Fire Chief THROUGH: City Manager DATE: June 6, 2007 SUBJECT: Requested Resolution -Non-Matching Grant ITEM BEFORE COMMISSION Resolution of the City Commission indicating support of an application for an Annual Non-Matching Grant from Palm Beach County, Department of Emergency Medical Services. BACKGROUND The Fire-Rescue Department is submitting an application for an Annual Non-Matching Grant from Palm Beach County, Department of Emergency Medical Services to purchase five (5) Stryker Model b500 Power-Pro Ambulance Patient Stretchers. Each unit costs $9,150.00 and they are to be purchased through Stryker EMS Equipment, the sole source vendor for this item. The total cost of these stretchers is estimated to be $46,340.00. The total price reflects the cost of the stretchers and accessories, and the trade-in of the older stretchers. FUNDING SOURCE N/A RECOMMENDATION Approve a resolution indicating the City's support of this application. A~ OEAC CITE OF DELR FIRE-RESCUE DEPARTMENT SERVING DELRAY REACH ':I~Li= ST-RE.AM HIGHLAND REACH DELRAY BEACH All-America City ~1~~® 1993 2001 MEMORANDUM TO: David T. Harden, City Manager THRU: Kerry . Koir~e Chief FROM: Danie Connor, 6ivision Chief -EMS DATE: June 6, 2007 SUBJECT: Requested Resolution -Non-Matching Grant Delray Beach Fire-Rescue will be applying for an annual, non-matching grant from Palm Beach County, Department of Emergency Medical Services for five (5) Stryker Model 6500 Power-PRO Ambulance Cots. This will allow Paramedics to improve both patient and personnel safety. Each unit will cost $9,150.00. They are sole source items provided by Stryker. In order to proceed with the grant application process, a Resolution of the City Commission is required indicating their support of the application. A similar Resolution will be sought from the Town of Gulf Stream and the Town of Highland Beach as our application will be made in the name and interest of all three communities. A draft Resolution is attached. DC/cls Attachments: 1 FIRE-RESCUE DEPARTMENT HEADQUARTERS • 501 WEST ATLANTIC AVENUE •DELRAY BF_ACH, FLORIDA 33444-2555 (561) 243-7400 • FAX (561) 243-74F1 Printed on Recycled Paper RESOLUTION N0.36-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2007/2008. WHEREAS, the Dekay Beach Fire-Rescue Department represents the emergency medical services interests of the City of Delray Beach; and WHEREAS, the Delray Beach Fire-Rescue Department is requesting funding for FY 2007/2008 through the Palm Beach County Emergenry Medical Services Grant Award program for the purchase of five (5) additional Stryker power assisted pneumatic patient stretchers. WHEREAS, the City of Dekay Beach Fire-Rescue Department is eligible to receive funds collected by the Office of Emergency Medical Services pursuant to Chapter 401.113, Florida Statutes; and WHEREAS, the equipment to be purchased with these funds will enhance the City's overall emergency medical services operation and improve the delivery and level of emergency medical care provided to the citizens of and visitors to the City of Delray Beach and the entire Fire-Rescue service area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach is supportive of this initiative to secure grant funds for this service enhancement; and ction 2. That the Mayor of the City of Dekay Beach is hereby authorized to execute all documents which are necessary to complete the request for funds from the Palm Beach County Emergency Medical Services Grant Award program. PASSED AND ADOPTED in regular session on this 19~' day of June, 2007. MAYOR ATTEST: City Clerk DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT OFFICE OF EMERGENCY MEDICAL SERVICES PALM BEACH COUNTY EMS GRANT AWARD APPLICATION PRIMARY GRANT REQUEST Note: The total for all your primary requests must not be more than $50,000.00. 1. Organization: Delray Beach Fire-Rescue Department Authorized Official: Kerry B. Koen Title: Fire Chief Alternate Official: Danielle Connor Title: Division Chief Mailing Address: 501 W. Atlantic Avenue Delray Beach, FL 33444 Telephone: (561) 243-7410 FAX: (561) 243-7461 2. Authorized Contact Person: Danielle Connor Title: Division Chief of Emergency Medical Services Mailing Address: 501 W. Atlantic Avenue Delray Beach, FL 33444 Telephone: (561) 243-7440 FAX: (561) 243-7461 3. Agency's Legal Status: City/Municipality 4. First Responders: Please attach a copy of your Memorandum of Understanding (MOU) with a licensed provider. If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you cooperate with the provider, or that you requested but did not receive a response from the providers in your area. 5. Your Federal Tax ID Number: VF 59-6000308 6. Identify the whole or in application. 2D: Identify EMS county plan goals this project will accomplish in part. A copy of the goals is attached to this and EMS system to im t new technology and ove patient outcome. ocedures into the 7. Communications Projects: All grant applications which involve communications equipment and/or services, in total or in part, will be reviewed by the State of Florida Division of Information Technology. FINAL APPROVAL MUST BE OBTAINED PRIOR TO ANY PURCHASE COMMITMENT. Copy of approval from the State must be submitted to the County EMS Office with request for reimbursement. 1 PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: Delray Beach Fire-Rescue Department 8. Background: Describe your agency, its operations, and how it relates to other EMS agencies in your area. Also, .provide a description of your major resources including the number of employees, vehicles, and equipment. The Delray Beach Fire-Rescue Department responds to all calls for assistance within the City of Delray Beach and contracted areas of the Town of Gulfstream and the Town of Highland Beach. These services include fire suppression, special operations, fire prevention and safety, CPR/AED training to the public, injury prevention, disaster response, and emergency medical services including ALS and BLS transportation. The Department began EMS service in the 1950's providing basic first aid, evolving into the paramedic level of service in 1979. Currently, we provide first response medical assessment and treatment at the advanced life support level and transportation to local hospitals including Stroke and Trauma Centers. Additionally, the Department employs mutual aid agreements with all neighboring agencies. The annual budget for Delray Beach Fire-Rescue is $21.273 million. DBFR has 154 full time employees. The Department operates six (6) paramedic rescue vehicles with three (3) in reserves for back-up and maintenance, all with cellular phone capabilities. Our remaining fleet consists of seven (7) Engines, three (3) Aerial Trucks, one (1) Brush Truck, one (1) Special Operations Truck, one (1) Tanker, two (2) Command Vehicles, two (2) Special Events Response Vehicles (BERN), one (1) Public Education Unit, twelve (12) staff cars for a total of thirty nine (39) units. Other resources are provided under an existing countywide mutual aid agreement. The suburban coverage area is 18 square miles for first due response. The jurisdiction is comprised of 58~ residential, 18~ commercial/industrial and 24~s wild land, undeveloped. The permanent resident population is 68,781. PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: Delray Beach Fire-Rescue Department 9. Grant History: Briefly describe your current and previous grant awards for the past three years. Explain how this application does not conflict or duplicate them. In the past three (3) years, Delray Beach Fire-Rescue has received grant awards that enhanced our medical equipment and response including Cardiac Enzyme Detectors, Capnography upgrade for our Zoll M Series Defibrillator/Monitors, and a new SERV unit with ALS package. This grant request does not conflict with these awards or any other prior requests. If necessary you may attach additional pages to complete sections 8 and PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: Delray Beach Fire-Rescue Department 10. Project Need Statement: Write a clear, concise statement describing the need(s) addressed by this project. This must include: 1) numeric data; 2 time frame for the data; 3) source of the data, and; 4) the involved target population and geographic area. DBFR has a duty to provide a safe and secure means to routinely or rapidly evacuate, relocate, or remove occupants, patients, or victims from a variety of locations and circumstances while reducing the potential for injury to the patient or personnel. This task should be accomplished with minimal personnel and effort whenever possible. Neck and back injuries occurring in EMS services are the leading cause of loss of the workers services, creating costly overtime hiring to fill injury vacancies, and the high cost of medical compensation claims and rehabilitative treatment. Most all of these injuries occur while removing, evacuating, relocating or transporting occupants and patients. Injuries to personnel are synonymous with the poor ergonomic equipment designs of the current equipment used in the field today. As a result of the difficulties encountered in maneuvering and negotiating obstructions, personnel are forced to utilize undesirable positions and methods for completing the task, which resulted in neck and back injuries. Exercise and lifting techniques are limited solutions to avoiding back injury because the medic must always be 100 perfect in lifting and lowering a patient in order to avoid strains, pains and injury. A Back Injury Prevention Guide, Feletto, M. Editors, Cal/OSHA, Apr. 2001, p 5. "Securing management commitment will be essential. Persuade the decision-makers in your organization by presenting the direct and indirect costs of the problem. Point out the injury reduction and cost-saving benefits. Keep in mind that the benefits of improved employee morale, patient comfort and better employee relations are not easily measured." The manufacturers of the devices used for patient relocation and removal are aware of this problem and have been developing equipment specifically designed to reduce or alleviate the potential for back and_ neck injuries. New technology developed from extensive studies is now being made available that requires less personnel to operate and reduces the stresses and strains that contribute to injuries while removing, evacuating, relocating PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: Delray Beach Fire-Rescue Department or transporting occupants and patients rapidly, safely, securely and effectively. Fire-Rescue Services are currently faced with several problems with their existing removal and relocation equipment and injuries of their personnel and patients. Including: • Equipment is difficult to use due to the lack of ergonomic design considerations. • Personnel injuries resulting from improper operation and excessive efforts. • As workers age they gain valuable experience but their bodies become more susceptible to injuries. Ergonomics and Back Pain in Workplace, 1999-2003 Spine-health.com http://www.spine-health.com/topics/cd/ergo/ergo0l.html • Delayed transport times when a patient and/or personnel injury occurs. • Weight limitations. People are getting heavier. Up to 20~ heavier over the last 10 years . Obese adults in the U . S . use to make up only 11~ of the total population but today make up 27$ (Doubled by 2000). Centers for Disease Control, Body Mass Index, By State. Internet Website, http://www.cdc.gov/nccdphp/dnpa/obesity/trend/index.htm In 2005, DBFR units responded to 9632 EMS. calls and transported 5,568 patients to medical facilities. This data provided by DBFR Dispatch CAD and EMS Patient Care Reports. During this timeframe, DBFR used a standard stretcher in five of its six rescue units. There are six ALS Licensed transport units within the DBFR fleet, and three reserve units. Data collected by DBFR training and EMS staff reflects that the average calls will cause a crew to raise and lower the stretcher 7 times. This in conjunction with the number of patients transported in F/Y 05 results in 38,976 times that the stretcher was raised and lowered during a call. Each one of these times is a risk for either the crew or the patient in being injured. Between 2002 and 2006, DBFR personnel incurred a total of 23 Workers Compensation claims to the neck, upper back, and/or lower back. The total of these claims was $58,205.24. Our goal is to reduce the number of times a crew member or patient is injured from stretcher operations. Our need is to engineer the PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: Delray Beach Fire-Rescue Department hazard out of the job by reducing the thinrs lifted. Source, Occupational Health Management, 7: 9, pp. 101-104. 11. Project Outcome Statement: Write a concise quantifiable statement describing the degree to which the need(s) will be changed by the project. This must contain the same four characteristics as the need statement and indicate the evaluation methods used to measure the efficiency and/or effectiveness of the project's outcome. Our proposed solution is to replace the inventory of standard pneumatic stretchers on the licensed units with power assisted ,pneumatic stretchers. Implementation of this equipment, will improve the ergonomic environment to the crew in raising and lowering the stretcher. This will reduce the likelihood of an injury to the patient or the employee. This will also reduce the amount of personnel needed to operate the device and subsequently speed up the transport process. Power assisted pneumatic stretchers provide a safer working environment for the crews on a transport unit. Due to the strenuous working environment that is placed on these workers, a safe ergonomic environment can not be provided at all times. With this equipment the crew can concentrate on the actual lifting and lowering the stretcher and maintaining balance while the power assist mechanism does the actual lowering and raising of the stretcher carriage. Because of a possible assist failure it will be the intention of DBFR to continue to provide training to all staff on the manual operation of this stretcher. With this program in place, review of the employee incident reports in regards to the injury, and realizing that we frequently operate in an uncontrollable atmosphere we believe the reduction in injuries will be at 90$. In addition to the improvement in both employee and patient safety the purchase of these new stretchers will provide a higher patient weight limit. At the present time the stretchers we have in use have a patient weight limit between 500 to 600 lbs. The new, power assisted pneumatic stretchers have a weight limit of 700 lbs. With the purchase of power assisted pneumatic stretchers, in- service training and implementation, DBFR feels confident that the number of employee and patient injuries will be reduced by 90~ over PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: Delray Beach Fire-Rescue Department a calendar year period. The effectiveness will be measured by a direct commitment from Risk Management on identifying those injuries that are a result of moving and handling a patient with a stretcher. This team approach will focus our efforts on recognizing the positive reduction in injuries. Accident reports, clinic admissions, and employee injury reports will assist in the documentation of the reduction. If the outcome results are what are expected, the data may be used to support further grant projects aimed at the reduction of injuries to other agencies expanding to a larger geographic area. 12. Major Activities and Time Frames: If grant is awarded, you must follow your schedule. If, for some reason, the schedule cannot be followed, please advise the EMS Office of the activity change. Please indicate time frame as lst quarter, 2nd quarter, 3rd quarter, 4tn quarter and fill in the year. First Quarter =October 1 through December 31 Second Quarter = January 1 through March 31 Third Quarter =April 1 through June 30 Fourth Quarter = July 1 through September 30 Activit Order power assisted pneumatic stretchers. Conduct in-service training and education on use, maintenance, and proper lifting and moving techniques. Implement new equipment into inventory and begin use Conduct field audits in conjunction with Risk Management to evaluate the reduction of patient and employee injuries. Time Frames First Quarter Second Quarter Third Quarter Fourth Quarter PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION: Delray Beach Fire-Rescue Department 13. Budget: The applicant must submit a written price quote for each line item. For equipment include, the cost per item, quantity, and cite vendor information. For each type of position, include the pay per hour, number of hours, and cost of each benefit. For expenses, include unit costs (if rental, give the cost per square foot). Items/Quantities and Positions/FTEs Cost Per Unit Total (See Attachment A) Items/Quantities and Positions/FTEs Cost Per Unit Total (5) Model 6500 Power-Pro Ambulance Cot(s) 9,150.00 45,750.00 (5) 3 Stage IV Pole Patient Right 220.00 1,100.00 (5) Equipment Hook 36.00 180.00 (5) Backrest Storage Pouch 168.00 840.00 (5) Head End Flat Storage Pouch 78.00 390.00 (5) Foot End Oxygen Bottle Holder 116.00 580.00 (5) MX Pro Trade-in (500.00) (2,500.00) Total requested $46,340.00 PRIMARY EMS GRANT AWARD APPLICATION ORGANIZATION:DELRAY BEACH FIRE RESCUE 14. Medical Director's Approvals: These are required for all projects which involve professional education, medical equipment, or both. (1) Professional Education: All continuing education described in this application will be developed and conducted with my input and approval. Medical Director: Printed Name: Signature Date (2) Medical Equipment: I hereby affirm my authority and responsibility for the use of all medical equipment in this project. Medical Director: ~~_~~.~Fit}~~._..-, (~'~~~ U7 Signature ~ Date Printed Name: Randall L. Wolff M.D. 15. Resolution: A resolution from the Governing Board(s),i.e. City Commission, Town Council, Board of Directors, etc. is required once the Grant is awarded and before the purchase of any items. This resolution will certify that monies from the EMS County Grant Award will. (1) Improve and expand prehospital services in that coverage area. (2) Will not be used to supplant existing provider's budget allocation. (3) Meets the goals and objectives of the EMS County Grant Plan. 16. Certification: I, the undersigned official of the previously named entity, certify that to the best of my knowledge and belief, all information contained in this application and its attachments are true and correct. I understand my signature acknowledges that I will comply fully with the State Bureau of Emergency Medical Services' and Palm Beach County's Rules and Regulations governing the administration of the State of Florida Emergency Medical Services Grant Program for Counties. Authorized Official: ia'~ature ,~ ~, ~a Date Printed Name Kerry B. Koen Title Fire Chief Sales Proposal Quotation Date: 04!21107 Quote Number: QDB042307 SHIP TO ADDRESS: Delray Beach Fire Rescue 501 W Atlantic Ave Delray Beach, FL 33444 ~~ EMS Equipment Jeff Pounds Territory Manager 3800 E Centre Ave Portage, MI 49002 (800)669-4968 Ext 8940 Voicemai (fax) 407-264-8123 jell. poundsCq~stryke r. corn t: (561) 243-7440 f: (561) 243-7461 email: Connor@ci.delray-beach.fl.us 5 ea Model 6500 Power-Pro Ambulance Cot(s) List Price Unit Price Ext Sell $ 11,607.00 $ 9,150.00 $ 45,750.00 Standard Features Include: Single adjustable wheel lock 700-Ib weight capacity Stryker's dual-speed power-lift system Integrated power and usage meter Integrated foot-end pull handle Positive action manual back-up system Single-hand capable, telescoping head section Backrest-mounted monitor hook User-adjustable load height presets X-frame guards Oversized wheels with sealed caster wheel bearings High visibility powder-coated frame Safety Hook Bolster Mattress Patient restraint package and in-service video 110V or 12V DeWalt Charger and tea 24V industrial-grade battery packs 2-year parts/labodtravel warranty on entire cot (1 year on all soft goods -mattress, restraints , pouches, and batteries) 3 years parts/labor/travel warranty on X-frame and limited powertrain components; all welds are warranted for 7 years Selected Options and Accessories 5 6500-215-000 3 Stage IV Pole Patient Right $ 273.00 $ 220.00 $ 1,100.00 5 6500-147-000 Equipment Hook $ 45.00 $ 36.00 $ 180.00 5 6500-130-000 Backrest Storage Pouch $ 205.00 $ 168.00 $ 840.00 5 6500-128-000 Head End Storage Flat $ 110.00 $ 78.00 $ 390.00 5 6500-140-000 Foot End Oxygen Bottle Holder (aftermarket) $ 146.00 $ 116.00 $ 580.00 5 Trade-in MX Pro's $ (500.00) $ (500.00) $ (2,500.00) $ 11,886.00 $ 9,268.00 $ 46,340.00 Proposal Total (Including Freight): $ 46,340.00 Pricing is valid through 09/30/07 TO PLACE AN ORDER PLEASE FAX YOUR PURCHASE ORDER TO: Stryker -EMS Equipment, Attn: Jeff Pounds Office: 943 Elm Harbor Ct., Lake Mary, FL. 32746 Phone: 407-574-5503; Fax:407-264-8123 Include your billing/shipping addresses, desired delivery dates, signature and terms (net 30). THANK YOUI Order subJed to approval by Stryker Corporation. Taxes will be invoiced as a separate item when applicable. Credit cannot ba allowed on returns of special or modified items. All approved returns will be accepted ONLY In Kalamazoo, Michigan. Proposals are effective 30 days from submittal. Receivin Contact Name: Receivin Phone Number: Loadin Dock: YFS NO Boxed Unboxed (Circle One) Dock hrs: Sales Re Po#: Comments: Jeff Pounds Territory Manager 3800 E. Centre Ave Portage, MI 49002 t: 407-574-5503 f. 407-264-8123 vm: 800-669-4968 ext. 8940 jef£pounds@stryker.com MEMORANDUM FOR RECORD RE: Sole Source Information for Stryker Model 6500 Power-PRO Ambulance Cot stryker° EMS Equipment Stryker is the sole manufacturer of all Stryker products. This correspondence is to inform you of the unique characteristics found only in Stryker's Model 6500 Power-PRO Ambulance Cot. These characteristics can be broken down into three primary categories: Safety, Maintenance, and Ease of Use. Safety 1) The Stryker Model 6500 Power-Pro is the only powered ambulance cot that meets the following independent certifications: Underwriters Laboratories -This certifies that the product is safe to those who use it and the surroundings in which it exists. A powered medical device must have this certification in order to operate in a hospital environment. The Stryker Model 6500 Power-Pro is the only powered ambulance cot that is UL listed. IPX6 -This certifies that the cot's electrical, hydraulic, and other systems are rated to withstand high pressure water jets. IEC-60601 -This certification is a multi-stage certification process which states that the Power-Pro conforms to industry standards for electromagnetic medical equipment. Included in this process are Electromagnetic Compatibility (EMC) and Electromagnetic Interference (EMI). EMC allows the Power-Pro to enter hospitals without disturbing other electromagnetic devices such as heart monitors. EMI prevents our cot from being activated by external electromagnetic devices. 2) The Power-Pro is the only power-lift cot with a retractable head section. This feature allows the cot to be lowered to the ground in the shortened position without the risk of the head section injuring an operator or being damaged. 3) When unloading with the manual release handle, the cot utilizes hydraulic dampening. Thus, the cot will not abruptly jar the operator or the patient. 4) The cot has no litter-frame pinch points and thus facilitates atwo-person "shared load." This reduces risk of injury and eases cot loading. 5) The cot features the lightest 700-Ib capacity frame in the industry. Maintenance 1) The cot features afoot-end-mounted hourly usage meter. This is an easy tool to determine the timing of preventative maintenance checks. 2) The cot features powder-coating on the entire aluminum frame (including the patient handling surfaces), thus eliminating aluminum oxidation throughout the cot. Additionally, the powder-coated surface facilitates easier decontamination and prevents the carbon build-up that otherwise would rub onto the caregiver's uniform. 3) All caster bearings are sealed, eliminating timely and costly lubrication. 4) The cot is power washable and meets IPX6 pressure jet certification (see above). 5) The cot's battery source is a standard, non-custom battery (24V DeWalt) which can be purchased either through Stryker or numerous other sources. Ease of Use 1) The battery is placed at the foot end of the stretcher and is easily accessible in any situation. 2) The cot legs power-retract in 2.4 seconds, the fastest of any powered cot. This speeds load times and reduces operator fatigue. 3) The cot provides the highest potential load height cf any cot on the market at 36" and is operator- adjustable to match the deck height of individual rescues or ambulances. 4) The cot features the industry's only forward-folding, single-hand release, side rails, thus giving caregivers more space inside the transport vehicle. 5) The foot end of the cot provides lifting bars and operator controls at two different heights, thus providing optimum ergonomics to most operator heights. 6) The foot end of the cot contains a large battery indicator light which displays red or green depending on battery level. A warning is given by a flashing red light, allowing the operator time to change the battery. 7) The Model 6500 has 6" x 2" sealed bearing casters -the largest in the industry. This facilitates rolling over any surface with ease and reduces caregiver strain. 8) The Power-Pro features an integrated bumper system which reduces damage to walls and other obstacles when impacted. Please forward any further questions to the undersigned, Stryker's direct sales representative, at 904-287-0824. Sincerely, Jeffery Pounds Territory Manager, Stryker -EMS Equipment MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: JUNE 12, 2007 SUBJECT: AGENDA ITEM # E) . ~ -REGULAR MEETING OF JUNE 19, 2007 SPECIAL EVENT REQUEST -ROOTS CULTURAL FESTIVAL YOUTH AND ADULT BASKETBALL TOURNAMENTS ITEM BEFORE COMMISSION City Commission is requested to approve a special event request received from Roots Cultural Festival Inc. for a Youth Basketball Tournament proposed to be held from 6:00 p.m. - 11:00 p.m. on July 20, 2007, 9:00 a.m. - 11:00 p.m. on July 21, 2007 and 9:00 a.m. - 6:00 p.m. on July 22, 2007 and the Adult Basketball Tournament proposed to be held from 6:00 p.m. - 11:00 p.m. on August 3, 2007, 9:00 a.m. - 11:00 p.m. on August 4, 2007 and from 9:00 a.m. - 6:00 p.m. on August 5, 2007. Commission is also requested to approve staff support for security for both tournaments, to provide event signage and to waive any rental fees for the use of Pompey Park Gym and the Community Center. BACKGROUND Attached is the special event permit and budget submitted by Alberta McCarthy on behalf of Roots Cultural Festival Inc. for the Youth and Adult Basketball Tournaments. A site plan is not necessary since the tournaments will take place in the Pompey Park Gym and the Community Center Gym. In past years Commission has waived rental fees and has considered each tournament as a separate event for charging for City overtime and services. The estimated overtime cost of each tournament is $5,280. Based on event policies and procedures, the charge for overtime costs for each tournament will be $1,712. Rental fees would be $240, plus 50% of ticket receipts at each site. RECOMMENDATION Staff recommends approval of the special event permit for the Roots Cultural Festival Youth and Adult Basketball Tournaments, to waive rental fees for the use of Pompey Park and Community Center Gyms, to approve staff support for security and to provide standard event signage to be installed no earlier than ten (10) days prior to each tournament and contingent upon the receipt of an executed Hold Harmless Agreement and Certificate of Liability Insurance at least one week prior to each tournament. U:\wwdata\Events\Roots Cultural FestivallAgenda Item Special Event Roots Cultural Fest Youth & Adult Basketball 2007.doc •~~~ ~~ ~~ v~•YYrm rlYlll-ROIIdIaatlllGtl oua uirt. #y4U4~U~L~48 UD/Li!/cvvr i~.~.•• ..•.- ~-.•---- 1 I 1 G~ of D~Iray Bea.Gh .. ' ~ Special Event Permit ~,.pplication ~PI.EASE PRiN'~' Event T-777 P.002/009 F-817 .~ '' ..'. dale of Approvavdeniat, _ _ _ 1. Event NamelT"~:.~L~ ~'~+ ~--~~~ ~ ~ ~! ~~< Z. Event Date(s); ,~i Ev®nt Time~sj: aa'~ ~ - --.6P 3 I 3. .Event Sp~nsaNProducer. 4. Event ContactlCoordir~ator. _" ~-- 5. Address: 6. Telephone Number.. ~ ^ -~ ~ 03lo Cellular Number _ _ ? 7. E-mail Addrrrss: S. Event pescrs tion: ~~~' !~1 ~ ~ • y~} n _ ~ _ ds n •~- _ _ ~- ~ . ~ ~ .~. ... n r.i .r iSI ... 1 Y'f /o f~97J lY•!llldJli. /'/l~ 9. 10. (!f neighbor~tiood bloigk~ party; then please skip questions x'10.35 and go to question #~6) Sponsor Category: (please check) City oNon-Profit/Charttable ar~Private o Co- Sponsor - NoraProfrt/Privafie (If Non-~orofit attaCl~ proof Of 501c(3), c(4). ~(6y. c{~oj or c(1s)1 Event location/Addrei s: ~~ P~9-~1L ~ ~'-t7~r3Lu~sr~r ~s~'~t~ i ' Sfte ptan attached: Iles n° - 12. {site plan n~quired fo~ entire event sitel Event budget attactre~. y~_..~.- no {Requited for all evdntsJ / 13_ Serving or seiltng alcoholic beverages: Yes no t~Y~, ooPY ~ license and alcolroJ liability insurance required two (2) weeeks prior 14. to every Event certificate of in~uranoe attached: yes no ~ (Requir+ed twa (2) ~~ Prior tv event naming vre City as ad+diironal insuraed, also ' 15. required for vendors) ~ Playing of amplified ri~usic: /~'~~~~' y~ / - . no 1B. (Waiver ris~qul~ed) tariCe: yes Requesting Police ~s~ no . 3 (TrafllC oontr~vl/sec 1 ~ { _..,, ~ , .. .. ~~rw VJ/ YIf rvv • .. ~. ..., .~ 17. 78. 19. 20. 21. 22. ?3. 24. ~i~m nonaiaaan~o vu~ ~irt• *tl4U4dUDLy4lJ Will gupplenietltuu~th prnre~e sea,rity: ~ - pf y8s, nae+d plan atta Requesting Emergency M :cal assistance: yes. Requesting barricade ass~stanee = Y~-----~ Requesting trasf>E removal~clean np assistance:yes - Rgquestu-g trash boxes aid liners: ~s.~-.- Requesting stage use: `. ~ ~~ -- f-T77 P.003/009 F-817 no~_.. no J no_~ no no no_~ (~]res, check type) ~ Large stage covered o ;large stage no cover o Small sta9e'o Half small stage o Requesting signage: ~ y~ f-~ n°----~-- Type: event sign (4'x4'; Directlonaf signs ~ Banner hanging _ lndicaEe dates requin~i ' {Wa}ver required if more than one ('1) week priof to event ~` Food and beverage vendors: yes^,,,._, no If yam' pleas8 provide' pne n~ lter of each vendor which due~no I tee address, and aon#aCt q~ than one we®k prior to the event 25. Health Deparbnent approval:-(see attadtedy Yes^.-_ °O-~L~~1-~ 26. Other vendors: f y~ °°-~! 27. Tents: ~ yes no (lf yes, tent perms arsd ~n insp~ons maybe needed) 28. V1FIl the event Indude ar~usernant rides? requiting state approval? ./ ~ yeses.-,_ no '~-..~ (!f yes, type and /ocatTon and copy of f+abili[Y inser~ance rlegrrired)~Also, please provfde tt~e name, address and contact phone number' for each amusement pravider a,1on9 vrith copies' of u'e'rlrab~lity lnsurance~ 29. S0. 37. 32_ 33. WiU the event be gated (Show on-site map) i Will there be fireworks qr other pymtechnics? (If yes, contact Frro Alt~sha/Q will there be cooking wrth compressed gas? Of yes, contact Fire AIarshal~ Vtrlll you be providing port-a-lets for tf>e event? Qf Y+es, locate on~it~ map. ff no, indicate needs) WU'there be a charge ~rthe event? (!f yes, indcate tickat~ prices) ' !s rrserved Paticing ~~~~ t~]~• indicate loca~ns) y~ yesr...~ no-~_ yes no--~-- !I~ no how ~o will handle r+estroom y~~ r~o Yes no-.~ '+~ ~~pn ~ IVIII I\GIIGI 0x01140 DYJ bI R• i i i I 35. raauaauo[aaa I-rF( P.004/008 F-B17 Block Parties (Neighborhood block • is event sponsar~d by the Homeowner's Association? yes no (1f not, then individuaf~s) submitting permit applica#ion must also submit a petifion signed by 57~ of the horneowrrers who live on the block) • Please note the ifoliowing:1) Approvals will only be given for a one (1) block area 2) Pemit 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 an City rights-of--way will not be permitted.4) 5trc~ctures other than barricades are not allowed in City rights-of-way.) ;Homeowners Association will be required to pay al! overtime costs that may be incurred as a resuFt of City staff involved in the event. I _ . ~ ~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 10D N_W. 1s Avenue, Delray Beach,. Florida 334x4. i For Staff Use Only ~ Date Received L ~~d7 ' Application fee received ~ /~ Site map ~ Budget i 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 i Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval, Y~ I 1 i i _•••• -• -~ .. ~HM~11 ~ I V111 1\GIIG1~0011Y0 ouu yin. • i ra4uaauocnaa I-f7~ P•008/008 F-817 i i Roots Cultuial Festival Basketball Tournaments BUDGETS 2007 ~~ a°'a~ YOi7TI~ - JUNJ° --~A EXPENSES DIRECTORt $2,000.00 OFFICIALS $4,500.00 TROPI~ES $ 400.00 WRIST BANDS $ 150.00 WATER $ 60.00 $7,110.00 INCOME TEAMS $7,200.00 'T'ICKETS $1,500.00 SNACTi~S 3.00.04 . $x,000.00 ADULT AUGUST 3"~ - S'~ EXPENSES DIRECTOR $4,000.00 dFFICIALS $5,000.00 AWARDS $4,000.00 ADVERTISE $ 364.24 WRIST BANDS 150.00 WATTR $ 60.00 SECURI- 5~ .004.0_0 $18,574,20 INCOME TEAMS $12,000.00 TICKETS S 2,SOOAO SPONSORS $ 5,004.00 SNACKS $ 500.00 $20,000.00 ~~ MEMORANDUM TO: MAYOR AND CITY COMMISS NERS FROM: JASMIN ALLEN, PLANNER ~J'i~~ C~~~ PAUL DORLING, AICP, DI CTOR PLANNING AND ZONING ~G~cX THROUGH: CITY MANAGER ~~, DATE: JUNE 14, 2007 SUBJECT: AGENDA ITEM # ~• ~ - REGULAR MEETING OF JUNE 19, 2007 REPORT OF APPEALABLE LAND USE ITEMS JUNE 4, 2007 THRU JUNE 15, 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 June 4, 2007 through June 15, 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 June 13, 2007: A. Approved (6 to 0, Jose Aguila absent), a request for a color change for Security Self Storage, an existing security self service storage facility located at the northeast corner of Linton Boulevard and SW 4"' Avenue (189 Linton Boulevard). B. Approved with conditions (6 to 0), Class I site plan modification for architectural elevation changes associated with the exterior remodeling for Anthony's Coal Fired Pizza, located at the northeast corner of NE 6th Avenue and NE 15t Street (115 NE 6th Avenue). C. Approved with conditions (6 to 0), a Class I site plan modification for architectural elevation changes associated with a 1,966 sq. ft. addition to an existing single family residence located at 1815 NW 10~' Street within the Rainberry Lakes subdivision. City Commission Documentation, Meeting of June 19, 2007 Appealable Items D. Approved (6 to 0), a Class I site plan modification for architectural elevation changes associated with adjustment to a previously approved storefront awning for Big AI's Steak, located at the southwest corner of East Atlantic Avenue and SE 5th Avenue (450 East Atlantic Avenue). E. Approved with conditions (6 to 0), a Class II site plan modification, landscape plan and architectural elevation plans associated with adding an elevator to improve handicap access to the main sanctuary on the second floor, renovating the first floor and improving the parking lot for Ridley Temple, located at the southwest corner of SW 12th Avenue and SW 1St Street (102 SW 12th Avenue). Concurrently, the Board approved a waiver eliminating the required 5' landscape strip separating the parking lot from the south and west property lines. F. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 4-story building that contains 6 hotel rooms for St George's Suites, located on the east side of Pineapple Grove Way, approximately 410 feet south of NE 4th Street (321 Pineapple Grove Way). Concurrently, the Board approved the following waivers: Recommended that the City Commission waive LDR Section 4.6.8(B)(3)(c), to provide an illumination level of 8.3 foot candles instead of the required maximum illumination level of 4 foot candles. Recommended that the City Commission reduce the required sight visibility triangle at the intersection of the driveway and Pineapple Grove Way from 20' to 9'4" and from 20' to 10' 11" at the intersection of the driveway and the alleyway. Recommended that the City Commission reduced the required 5' perimeter landscape strip between the parking lot and the east property line to 1' 10". Historic Preservation Board -Meeting of June 6, 2007 1. Approved with condition (3 to 1, JoAnn Peart dissenting, Kim French, Keith Snider and John E. Miller, Jr. absent) a Certificate of Appropriateness request to allow the demolition of a contributing structure at 114 NW 4th Avenue. 2. Approved (4 to 0), a request to reconsider a previous Board decision that required the applicant to remove as-built accordion shutters that were visible from the public right-of-way and replace them with appropriate hurricane protection method for 305 North Swinton Avenue. Upon reconsideration the Board approved the request with the condition that those accordion shutters visible from the public right-of-way be replaced with another appropriate hurricane protection method within one-year from the date of approval. 3. Approved with conditions (3 to 1, Roger Cope dissenting), atwo-year time extension (expiring May 18, 2009) for the Certificate of Appropriateness and Class V site plan, landscape plan and architectural elevation plan for 302 NE 7th Avenue (aka Hartman House). RECOMMENDATION By motion, receive and file this report. Attachment: ^ Location Map 2 CITY OF DELRAY BEACH, FLORIDA -City Commission Meeting - JUNE ~ 9, 2007 L-30 CANAL sos ~"-' ~ ~ `., ,~ ~ C w u- LAKE IDA ROAD U 5 r' ~ m ~, _ ~ _, ~°n 1 ~, -, J, - 1 a r'-' L, ~ - ,_ ,_ _, ~ 7 L ,~ ~ ~ ,~ (~ W LOWSON BOULEVARD ~ , L J L•38 CANAL C m v °o 0 Q H W Z~ O V ~;o~ GULF STREAM BLVD. ~ ~ Q ~ ~ W _ W U W 1 Q o m ~ ~ ~ ~ ~ ~ 0 ~o s.w Ls C-15 CANAL W Q LLI Q ~ ~ ~ ~ m ~ ' °' 3 ~. 3 A1A ~ - <a O h y ~ ~ tDTri sr 2 - ~ ~.~ ~ s Q ~ "" ~ ~ ~ A ~ ~ ; ~ +. _ o ~~ Qi vJ m 0 ~. ~~~I I N SPRAB HPB -~ - ~- - cirruMirs , _, _ ,_ A. SECURITY SELF STORAGE 1. 114 NW 4TH AVENUE 8. ANTHONY'S COAL FIRED PIZZA 2. 305 N. SW/NTON AVENUE ( ONE. MILE ~ C. 1815 NW 10TH STREET 3. 302 NE 7TH AVENUE GRAPHIC SCALE D. B!G AL'S STEAK E. RlDLEY TEMPLE PLANNING BZONwG DEPARTMENT F. ST. GEORGE'S SUITES JUNE 2007 - -DIGITAL BASE MAP SYSTEM - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~~ FROM: JOSEPH M. SAFFORD, FINANCE DIRECTOR THROUGH: CITY MANAGER ~~ 1 i DATE: JUNE 15, 2007 SUBJECT: AGENDA ITEM # U • 1 V . 1 - R PROFESSIONAL AUDIT SERVICES ITEM BEFORE COMMISSION REQUEST APPROVAL OF A 3-YEAR CONTRACT WITH CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. FOR AUDIT SERVICES FOR FISCAL YEAR 2007, 2008, 2009. BACKGROUND RENEW A 3-YEAR CONTRACT WITH CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. FOR AUDIT SERVICES FOR FISCAL YEAR 2007 AT $105,800; FISCAL YEAR 2008 AT $112,150; Fiscal Year 2009 at $118,900. AUDITORS WILL BE RESPONSIBLE FOR AUDITING THE BASIC FINANCIAL REPORTS AND PROVIDING REPORTS REQUIRED BY THE AUDITOR GENERAL OF THE STATE OF FLORIDA. FUNDING SOURCE FUNDING PROVIDED IN MULTIPLE FUNDS OF THE CITY. RECOMMENDATION COMMISSION APPROVE A 3-YEAR CONTRACT WITH CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. FOR PROFESSIONAL AUDIT SERVICES FOR FISCAL YEARS 2007, 2008, 2009. Page 1 of 1 Smith, Dougias From: Ruby, Susan Sent: Friday, June 15, 2007 12:11 PM To: Safford, Joseph; Smith, Douglas Cc: Ruby, Susan Subject: RE: Auditor letter agreement I have reviewed the previous agreement with Joe Safford and find that this agreement is a renewal permitted by the 2004 agreement and thus the statutory selection procedure is not necessary. Susan .~L. Ru6y City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-278-475 S email: ruby(a~ci.delray-beach.fl.us From: Ruby, Susan Sent: Friday, June 15, 2007 12:07 PM To: Safford, Joseph; Smith, Douglas Subject: Auditor letter agn~ment 1 have reviewed the auditor engagement letter agreement and find it is acceptable as to legal sufficiency and form as long as the selection procedures sent to you under separate email were followed. Susan .~i.. Rudy City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-278-47SS email: ruby@ci.delray-beach.fl.us 6/1 S/2007 I CALEB, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. WII.I.IAM K. CALEB, JR., CPA LOUIS M. COHEN, CPA JOHN C. COURTNEY, CPA, JD UAVID S. DONTEN, CPA SCOTT D. DRUKER, CPA, JD JAMES B. HUTCHISON, CPA' JOEL H. LEVINE, CPA JAMES F. MULLEN, IV, CPA THOMAS A. PENCE, JR., CPA SCOTT L. PORTER, CPA MARK D. VER., CPA CERTIFIED PUBLIC ACCOUNTANTS 505 SOUTH FLAGLER DRIVE, SUITE 900 WEST PALM BEACH, FL 33401-5948 TELEPHONE (561) 832-9292 FAX (561) 832-9455 info@cdlcpa.com June 1, 2007 MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS The Honorable Mayor and City Commissioners City of Delray Beach Delray Beach, Florida We are pleased to confirm our understanding of the services we are to provide for the City of Delray Beach, Florida, (the "City") for the years ended September 30, 2007, 2008 and 2009. We will audit the basic financial statements of the City as of and for the years ended September 30, 2007, 2008 and 2009 and will also issue the required reports for the Auditor General of the State of Florida. Audit Objectives The objective of our audit is the expression of an opinion as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of supplementary information when considered in relation to the basic financial statements taken as a whole. Audit objectives also include reporting on: Internal control related to the basic financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the basic financial statements in accordance with Government Auditing Standards. Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non- Profit Organizations and the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General for the State of Florida. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the City Commission, City management, Auditor General for the State of Florida and grantor agencies and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; the provisions of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations; and the provisions of Florida Statutes and Chapter 10.550, Rules of the Auditor General and will include tests of the accounting records, a determination of major program(s) in accordance with OMB Circular A-133 and Chapter The Honorable Mayor and City Commissioners City of Delray Beach, Florida, June 1, 2007 Page Two ] 0.550, Rules of the Auditor General, and other procedures we consider necessary to enable us to express such an opinion and render the required reports. If our opinion on the basic financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason determined by us, we are unable to complete the audit or are unable to or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of basic financial statements in accordance with U.S. generally accepted accounting principles, and that federal award programs and state financial assistance projects are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards and state financial assistance, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. Management is responsible for adjusting the basic financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the basic financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the City involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the basic financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the City complies with applicable laws and regulations. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review by December 1. The Honorable Mayor and City Commissioners City of Delray Beach, Florida, June 1, 2007 Page Three Audit Procedures -General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the basic financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. As required by the Single Audit Act Amendments of 1996; OMB Circular A-133; and Chapter 10.550, Rules of the Auditor General, our audit will include tests of transactions related to major federal award programs and state financial assistance projects for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the basic financial statements or major federal award programs and state financial assistance projects. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confirmation of cash, investments and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of the audit, we will also require certain written representations from you about the basic financial statements and related matters. The results of our audit tests, the responses to our inquiries and the written representation letter constitute the evidential matter we intend to rely upon in forming an opinion on the basic financial statements. Because of the importance of management's representations to an effective audit, the City agrees to release Caler, Donten, Levine, Druker, Porter & Veil, P.A. ("CDL") and its personnel from any liability and costs relating to the services under this letter attributable to any misrepresentation by management. Audit Procedures -Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City's basic financial statements and on its compliance with the requirements applicable to major federal award programs and major state financial assistance projects. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the basic financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the basic financial statements. Tests of controls are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. The Honorable Mayor and City Commissioners City of Delray Beach, Florida, June 1, 2007 Page Four As required by OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program and major state financial assistance project. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the City Commission of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the City's ability to record, process, summarize, and report financial data consistent with the assertions of management in the basic financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General. Audit Procedures -Compliance Our audit will be conducted in accordance with the standards referred to in the section of this letter titled Audit Objectives. As part of obtaining reasonable assurance about whether the basic financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards and Chapter 10.550, Rules of the Auditor General. OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General, require that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major federal award programs and major state financial assistance projects. Our procedures will consist of the applicable procedures described in the OMB Circular A-133 Compliance Supplement, and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major federal award programs and major state financial assistance projects. The purpose of those procedures will be to express an opinion on the City's compliance with requirements applicable to major federal programs and state projects in our report on compliance issued pursuant to OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General. Audit Administration, Fees and Other Matters We understand that City employees will prepare all cash or other confirmations requested and will locate any invoices selected by us for testing. The workpapers for this engagement are the property of CDL and constitute confidential information. However, we may be requested to make certain workpapers available to a grantor or other agency pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of CDL personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to a grantor or other agency. That agency may The Honorable Mayor and City Commissioners City of Delray Beach, Florida, June 1, 2007 Page Five intend, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies. The workpapers for this engagement will be retained for a minimum of three years after the date of the auditor's report or for any additional period requested in writing by a government agency. At the conclusion of the engagement, management will be responsible for preparing the Data Collection Form (SF-SAC), if required, and we will complete the auditor sections of and sign the Form. We will provide copies of our reports to the City; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards and state financial assistance projects, summary schedule of prior audit findings, auditor's reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse, state grantors and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditor's reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audit. Our fee for these services will be at our standard hourly rates, and we agree that our gross fees for the years ended September 30, 2007, 2008 and 2009 will not exceed $105,800, $112,150 and $118,900, respectively, subject to the additional considerations enumerated below. These fees represent an average annual increase of 6% from our current fee for 2006. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Our quoted fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances or changes will not be encountered during the audit. If significant additional time is necessary, such as that related to new accounting or auditing standards, new City funds or grants, or changes in the City's status as a low risk auditee, we will discuss theses changes with you and arrive at a new fee estimate before we incur the additional costs. Our engagement ends on the date we deliver the audit reports to you, unless circumstances described earlier cause us not to issue a report. Any follow-up services that might be requested will be a separate, new engagement. The terms and conditions of that new engagement will be governed by a new engagement letter for that service. The term of the engagement may be renewed for a successive three year period at the option of the City. This agreement may be terminated by either party with 30 days written notice. The City shall be liable for time charges incurred by CDL through the date of termination. The venue for any legal disputes shall be Palm Beach County, Florida. CDL shall indemnify and hold harmless the City and its personnel from any claims, liabilities, costs and expenses arising from the gross and willful negligence or intentional misconduct of CDL and its personnel relating to the services under this agreement during the time period the agreement is in effect. This provision shall survive the completion or termination of this engagement. Signature of this agreement by Caler, Donten, Levine, Druker, Porter & Veil, P.A. shall act as the execution of atruth-in-negotiation certificate certifying that the estimated time charges and expense used to determine the compensation provided for in this agreement are accurate, complete and current as of the date of this agreement. If you intend to publish or otherwise reproduce the financial statements together with our report (or otherwise make reference to our Firm) in a document that contains other information, you agree to provide us with a draft of the document to read and comment on before it is printed and distributed. The Honorable Mayor and City Commissioners City of Delray Beach, Florida, June 1, 2007 Page Six Furthermore, you agree that the terms of this engagement do not encompass an undertaking by us (1) to consent, by means of separate letter or otherwise, to the inclusion of our auditor's report on the financial statements referred to above in a filing with a Federal or state regulatory agency or otherwise reissue our report for purposes of a securities offering or other financing transaction, or (2) to acknowledge reliance on our report by others. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 2006 peer review report is included with this letter. This engagement letter reflects the entire agreement between us relating to the services covered by this letter. It replaces and supercedes any previous proposals, correspondence and understandings, whether written or oral. If any portion of this agreement is held to be void, invalid or otherwise unenforceable, in whole or in part, the remaining portions of this agreement shall remain in effect. The agreements of the City and Caler, Donten, Levine, Druker, Porter & Veil, P.A. contained in this engagement letter shall survive the completion or termination of this engagement. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. By: Scott L. Porter, Shareholder Witnessed Mark D. Veil, Shareholder Approved: CITY OF DELRAY BEACH, FLORIDA By: Mayor Witnessed: City Clerk Approved as to form: City Attorney AGENDA ITEM NUMBER: AGENDA REQUEST Date: June 15. 2007 Request to be placed on X Consent Agenda When: Special Agenda Workshop Agenda Description of agenda item: Request Commission approval of a 3-year contract with Caler, Donten, Levine, Druker, Porter & Veil, P.A. for Professional Audit Services for Fiscal Year 2007 at $105,800; Fiscal Year 2008 at $112,150; Fiscal Year 2009 at $118,900. Auditors will be responsible for auditing the basic financial reports and providing reports required by the Auditor General of the State of Florida. Funding provided in multiple funds of the City. ORDINANCElRESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO X Recommendation: Commission approve a 3-year contract with Caler, Donten, Levine, Druker, Porter & Veil, P.A. for Professional Audit Services for Fiscal Years 2007, 2008, & 2009. r--~ Department Head Signature: Joseph M. Safford ~ , Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Yes X `~ No Approved for Agenda: Yes ~~~ No Hold Until: Agenda Coordinator Review: Received: Action: June 19, 2007 Approved: Disapproved: P.O. # MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JACKLYN ROONEY, PURCHASING MANAGER JOSEPH SAFFORD, FINANCE DIRECTOR THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: JUNE 15, 2007 _ SUBJECT: RFP #2007-34 BEVERAGE VENDING SERVICES AND FOUNTAIN SERVICE MAINTENANCE ANNUAL CONTRACT ITEM BEFORE COMMISSION City Commission is requested to approve award to Florida Coca. Cola Bottling Company for a three (3) year contract with the option to extend the contract for one (1) three (3) year period for Beverage Vending Services and Fountain Services for designated locations on City owned or leased property as well as to furnish fountain services and products (not in vending machines} to the Delray Beach Municipal Golf Course and Lakeview Golf Club. The awarded vendor would also have exclusive pouring rights for special events held at the Tennis Center. However, the City has fifteen (15) days at its discretion, on an annual basis with the option to obtain another product for Tennis events. BACKGROUND Two (2) Proposals were received on May O1, 2007 all in accordance with City Purchasing policies and procedures. A tabulation of the proposals is attached for your review. The criteria for award was based on experience & qualifications, price proposal, promotion, marketing and advertising value and the annual payment fee to the City of Delray Beach. A breakdown of the estimated contract value for each vendor for the first three (3) year period of the contract and the renewal periods is attached. FUNDING SOURCE N/A RECOMMENDATION Staff recommends award to Florida Coca-Cola Bottling Company for the Beverage Vending Services and Fountain Services Contract. ADMINISTRATIVE SERVICES MEMORANDUM TO: Jackie Rooney, Purchasing Manager Joe Weldon, Director Parks & Recreation ( ~r,ce Sharon Painter, JCD Sports s ~ z ~ ~ a °~ FROM: obert A. Barcinski, Assistant City Manager DATE: May 25, 2007 SUBJECT: Soda Vending and Fountain Bids I reviewed again the bid package and Becky O'Connor's evaluation sheet and completed my own evaluation form attached. What was not included was the analysis of machines that we buy product for and fill ourselves, basically golf and tennis locations. I have attached my own analysis based on the 3 year contract since we may or may not renew after 3 years. Based on this analysis, I would recommend staying with Coke. Please review the attached and let me know what you think. RAB/db Attachment cc: Becky O'Connor U:lwwdatalAdm Services Memos\Memo to Jackie Rooney re Soda Vending and Fountain Bid.doc O O O O O O O O O O O O O O O O O O O O O O O O N O O N N N 0 0 O tL') C!J O r 0 0 O cr `~ r (p 00 M (fl r I~ ER EA II II EA EA EA 69 II II II d4 EA Ef? EA ' 00 ~ 00 0 a ° ° ° ° ° o o ov_ o o o o00 CM M ~ N O r N E9 EA 69 H4 EA X X X X X N ~ ~ ~ ~ ~, ~+ A A ~+ ~ M M M M M V •~ ~ N ° ° ° ° ° ° ° ° ° t O o o o o ~ o o o o o V ' 00 0 0 0 0 00 o c ~ L Q~ ~ O O O O O O O O O U m ~ ~ ~ ~ ~ O ~ Cfl I~ t7 1~ E ~ L LL <f! d3 63 lf3 EA 69 69 r EA 69 69 O Q II II II II ~ V Q ~ O O O O ~ CI d V °o °o °o °0 3 00 0 0 V ui r~ v ~rS o ~ ~ r N ~ lf} d3 Ei} ff3 ~ ~ X X X X ~ ~ m N to .~ >+ >+ A >, N O N ,~ M M r M ~ O O O ~, U U c >, ~ ~ ~ o . ~ N .3 3 m N >. >. w ~ d = . rn (n (n N a ~ C ~ N N ~ 7 ~ ~' ~ X O C C ~.O ~. O O O O ~ V ~ Q1 ,~ ~ C O .`' ~ ' C U ~ N ~ ~ C O ~~ ~ a N ~L~ O c .N e rn ~ v O~ = U~N d ~~~ ~ o o a~ ~ N (/~ N J H N > O ~ ~ ~ d O N~ O N D U U ~ ~~~ O ~ m m~ N X N N U .~ N C .~ C 7 O LL rn c v C O rn O m c~ CITY OF DELRAY BEACH BEVERAGE VENDING SERVICES RFP #2007-34 FLORIDA COCA-COLA PEPSI AMERICAS ESTIMATED CONTRACT VALUE YEAR 1 YEAR 2 YEAR 3 $ 51,000 $ 47,000** $ 47,000** $43,000 $43,000 $43,000 TOTAL $145,000 * $129,000* (* * NOTE -SCOREBOARD FOR PARKS & RECREATION WAS INCLUDED FOR YEAR ONE ONLY FOR COCA-COLA) . RENEWAL PERIODS YEAR 4 YEAR 5 YEAR 6 TOTAL $ 47,000 $ 47,000 $ 47,000 $141,000* $ 43,000 $ 43,000 $ 43,000 $129,000* TOTALS YEAR (1,2,3,4,5, & 6) MARKETINGVALUE: NET VALUE: PROPOSED COMMISSION $286,000* {150,000) $136,000 .30 X _ $17,000 ESTIMATED SALES $56,b67. $258.000* (120,000) $138,000 .23% ($56,667) _ $13,000 CURRENT CONTRACT COMMISSION VENDING...... 22% 20% FOUNTAIN ..... 2% 10% _. m 0 Z O g 4 ~"' ~_ m -~£~~ r~ ~ ~ O..+s ` 'd i6~~t~a.a~~'~~. m~~~ +~_,~ ~t~ ~ ~g o ~.-o~~¢`ss5s~ '~ ~ ~ €~~a ~ 5~ ~ c d d $ a ~ ~ ~ ~ ~ ~ p ~ ~ . ~ c c j3s O ~ a ~ g a } o O ~ ~ pQ, ~. i c a $ `O .. ,~ c 3 d ~~ ~ ~a ~~~ N a£ ~~~ ~~ ~~ ~~~ ~~_ _ _~ ~yM$~ ~~ ~p o ~~~N~.~O ~Waa~E'S o~ ~~~~ ~~~~~~~ .1C ~ ~ ~ ~ Fa oy~ g ~ ~ Y N ~ a7 'p~ a~- V N ~ ~ ~ ~ ~, ~ N }O ~~~ ~ ~m ~ ~s o ~ ~ ~°~~ ~ o~~ S ~ o ~o ~~~o ~ ~a`d ti w~~o~ Em ,fin p gg ggg ~ ~ 3~0 V ~ a ~ L3.~w~ O Z a~ ~T~N'a ~- r ~ O r- ~~~~~co~U~.o~ ~~~U~ ~$r~~c~ o~~ ~4~Uo°~ppu~c~YV°-°o°s~~~a ~~~~~a~`~`~p" F- ~ N fH ~o d O O m Q .0 C W U 0 t F- 0 F- 0 m J W D O r~ Z 5 Q F D 8 O d O m m o fl. Q °n o ~ a ~ ~ ~ v o ~, r~ n. o ~ v N o y O C C C C ~ iL Li. C E C Q V a o~~ ,~, oU o ~~' o •t o~ fi N~ °O ~' dr p Y «. v m M A X X ~3~'j~ pe mm~ o~ d O {1 O y ~ ~ C C ~ MM o ~ C € o W .w ~ ~~~ ° ~ ems ~ Eg ~ ~ ~~a o~ ~ 0 0 ~ o in >mUrsi u. viriv o o c O° ~ U v' C') ~ w L ~ ~ C ~ ~ U ~ •~~ ` - 3 cm 3U ~ o U m~ o x ~ •~ o m ~ ~ ~ ~ a O o ~ ~ A i ~ O ` O ~ ~ ~. ~ m ~ a a ii ~i Q, ii e s U W W W Z a Z W W dl n W m O Z F g m F D m m J W V ~ ° "' m o, m r o c v_ O r ~~ r ~ r ~ r ~ V fg m .~ J N m ~ N ~ d m ~ ~N tl0'Y N h ~ ~ ~~ ~ ~ '~N P d /0 ~~~ Q 3 C r ~- r ` n' r r ~ r r V ~ ~ , d ~ ~ vi v- vs «~ d dl ~ ~ r ~ ~ ~ ~ ~ G ~ O ~ ~ ' r ~ ~ m m ~ ® G ~ a 'ry ~ a .~ a w ag=e ® ~ t- O ~ ~ a~ o a o ~ ~ o o~ N o o~ O o ~ ~~c m NN O N N -NN e ~r ( VN N ~ O 'i C a~ ac'n~ m o ~o o o ~n O r.o m o no Y ~c °vi pis n u°s v~ °~n n ° v = V U O V ~ ~ ~ ~ v ~ ^~ O .o _ ~ oo ON N Q(pV ON y Ci ~ mN '~ ~O O~ O O O O O O Y~~ O ~ ~ r r r _ r r r r L' Qj CD W ~., O eN- ~ O r O y V O' y d, ~ V! d! M M f9 d! H- v d. tR ~ ~ ~ M d! M O N O aj '~ !9 fA C m ' - Q .~ . _ U R Y W a mm~ i o U a ~dE l i N IV IV fV IJ m~O ~ S~J IL ~ IV IV 0 0 {~ O N NN 0 0 Id h 0 0 {~ ~ A O O O O O O~ ~~~ ~ p".O ~ ~N p ~(O'! NN ~ NN K! ~N NON ~~ O p y~ N r d ~ Sri ~i ,~ U et ~l! ~ z~ ~ ~~ m ~ Z W ~ ~ ~ ~ ~ ~ a V~ Q U Q O ~ C7 ~ ~ ° w c ~ ~ a ~ o ~ ~ ~ z o ~ s ~ 0 ~ ~ ~ '~ ~ c a ~s o o .. i U to ~ ~ ~ m U ti t 1 ~ ., O i W U W N Z a Z O v. D Z Q N W V 5 W t9 Z D Z W W W W m D: O LL Z O m Q O m V m J W D LL V S O A ~ ~ a ~, ~ m m °, ~ w ~ .a~.~ E ~~ ~ o>~ V tL a>+ C C xN W U U '8 ~ '>O ~ y ~ ~ d an d ~ O. V C l6 ~ O d Q r l 6 N O m m Y W> O g 7 U~~ 'O ~ ~ O/~~ Y V ~~ C LL pC d1 •~ O ° m C O E ~ ~~ G Y ~ O L ° °~ (~~ ~ v a ~ ~~° u v m °~ ~ c ~ ~ ~ m - m o N a ° ~ ~ o o ~ ~ ~ •~ a ~ c Y f6 L O a d ~ m ~ Q ~ ~~ O o Q ~ o U~ c,O,W W ~ m ~~ ~m~•$ a° 3 m~ ~•D E 0 ~ yy •C ~ tl/ O N N O l0 Q fA U E ° ~ a ° n~ m O i° •a m am ° y m o na°tn l0 m ~ a- ~ ~ tll C L L Q p •m ~ ~ a r o o °_~ •~ E ° ~ d o °° ~ ` a m ~ o C7 t; u~ ~m ai ~ o_~ ~ ~ ~ ~Q ~ c ~ y• °- ~~ o ~ o m ~ a ~ o ~ c -p O m ° ~ ~ o a ~~ m ~£ m ~~ o -p m° o irk m • ~ a o ai 0 <? ~ ~ U C N ~ ~ ~ ~ ~ ~ ~ - d m >> o ~ G l0 •~ .~ fp F > .C -? v N E w ~ W °~ ~~ O o ~ o~~ .c p m d°~~~~ o ~~ r 7 U O U 'D U w ~ ~~ ~ fn J ~6 ° ~ w "O O` ~ ~ O O ° ` 0 ° > > N ww o a~°'~- vm ` O~ ~dm ~~ C9 m~ ~a m m °a E ~.~ ° E ~«U >,m mU 0 0 ' ° v a°i m a m ~ c ~ v' ~ ~ m 3 N o m v ~ o n n~ ~ ~ OD QQ C9a it t 5 mUva m oU t ao~ o c o ~ 0 c ~ ~~ O ~ ~ w W C o U 0000 ~ , E , ~ v w m ~ c0 °w°En~°v3 a•- ~ ~ ~ w ~ p ~ c C v v m o~ ~ W a~ > c O m m ~~ m0 ~ ~ Q ~ o N C W : t ~ N Q C C U ~ d W m y C~ o w ~ y d~ ~ ~ ~ ~ 0 3 o a ~ ~ ~ o • 10 q ~ °~ 0 0 c ~ as H c~ ~ o m O 2• v 2S V ~ a° ~ ~' ~ ~L U c ~ n~ ~~ m co ~ i7 u- 7 lQ W ~ N O ~ J G r. ~ Tj O ~ ~ m ~ .p 'S 3 • co a •o c ~ ° a® ~ ~ ~ ~ ~ ~ c p ~ ~ ~ N OU m ~ N m~ ~ ~ a> 2 ~ • d m °-c a~ y ~ > W C " ~ N - :O C ~ m'm~ ~ ~ o?~ J LL d a> ~ O ~ Q r o ~ ma ~~ ~o ~~a - ~ ~ ~'r Y ~~~a >~ c c o cNO m o o o N ° v m ~ a~i m °a- a ° ~~z oo as ~ > u3, ~ v~am~ 2 ~ w c Y C C ~ 'y 0 C O ~ Q ~ O ~ ~ ~ ~ ~ ~ ° ~ C O O O O m O tl1N ~ ~ ~ C Z Z W Z c C C C E l 6 `6 ~ O ` m m m a MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR AL BERG, ASSISTANT COh~IlvIUNiTY IMPROVEMENT DIRECTOR THROUGH: CITY MANAGER DATE: JUNE 8, 2007 e SUBJECT: AGENDA ITEM # -~ • n REGULAR MEETING OF JUNE 19, 2007 REQUE5T FOR REFUND OF CODE ENFORCEMENT BOARD LIEN ITEM BEFORE COMMISSION City Commission consideration of a request to refund $2,500 of a $3,000 Code Enforcement Board lien paid in January by Mr. Michael Lefebvre. BACKGROUND The property owner, Mr. Michael Lefebvre, was cited for a dilapidated wooden fence at rental property he owns at 3301 Spanish Wells Drive in Apri12006. Notices were posted on the property and were sent to the address in New Hampshire listed on the county property appraiser's records. Those notices were returned "Not Deliverable, Attempted -Not Known, Unable to Forward." The Code Enforcement Board held a hearing on the case in July 2006, found the owner guilty, allowed 30 days to fix the fence, and imposed a fine of $50 per day for non-compliance. The owner was not present. In October, the City filed a lien for $3,000, which was owed through that time. The property was not brought into compliance until January 17, 2007 because the owner was refinancing and discovered the lien. A payment for the fine of $3,000 was made by the title company. Please note that the owner was not assessed for the additional days for the period between October 2006 and January 2007 although the property remained in non-compliance. The postings were done in accordance with Florida State Statutes Chapter 162. i 2 (2) (b} (2). The owner appeared at the Board meeting on April 10, 2007 and claimed that he was never served by the Board. He acknowledged that he had moved to a different location in New Hampshire and did not update his property records. He asked the Board to reduce his fine and they voted 5-1 to recommend a refund of $2,500. The City Attorney advised that they did not have that authority and recommended that the matter be reviewed by the Commission. RECOMMENDATION Staff is recommending that the City Commission deny the request to refund $2,500 of the assessed lien as suggested by the Code Enforcement Board. Staff followed proper notice procedures and the nuisance remained in place for over 10 months before it was abated. The owner did not deny the existence of the nuisance. Date: June 15, 2007 Agenda Item No. ~ • /`~ AGENDA REQUEST Agenda request to be placed on: _XRegular Special _ Workshop _ Consent When: June 19, 2007 Description of Agenda Item: Request for Refund of Code Enforcement Board Lien for 3301 Spanish Wells Drive Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: CitYAttorney 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 Hold Until: Agenda Coordinator Review: Received: Action: Approved /Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: FRANK BABIN, RISK MANAGER THROUGH: CITY MANAGER DATE: JUNE 15, 2007 SUBJECT: AGENDA ITEM # -1 . ,~ -REGULAR MEETING OF NNE 19.2007 CANCEL & RE-WRITE OF EXCESS PROPERTY INSURANCE PROGRAM ITEM BEFORE COMMISSION City Commission approval to cancel and re-write current excess property insurance program to take advantage of "pre-hurricane" season current low insurance rates. BACKGROUND After anon-eventful 2006 hurricane season and prior to any hurricane experience for the 2007 season, current "soft" insurance market allows low premium rates. Staff concurs with insurance broker (Arthur J. Gallagher & Co.) that City Commission should authorize a "cancel & re-write" effective this month (most likely 6/20/07, the day after an approval by Commission, or no later than that Friday, 6/22/07). Other insurance programs which renew on 10/1/07 would be "short termed (e.g. 8 month policy)" to allow major city property & casualty programs to renew with the excess insurance on 6/1/08. FUNDING SOURCE The excess insurance fund (551-1575-591-45.33). RECOMMENDATION Staff recommends City Commission approval of a "cancel & re-write" of the City's current excess property insurance program to be effective no later than June 22, 2007. W a I.L W a O a N N W U x W U Q w Qm I.f~ J w 0 LL O V 0 O N_ ti O O N ti 0 O N O O N O N C4 to ~ 00 O !,() r Cp r M ~ r r I~ CO N ~ ~' _ O ~ M M _ t0 O I~ O N ti ti ~ ~ ti N r r r 1ty r 69 E!} d4 Ef} EA Eil ~ ~ O ~ L,L r A V • O a ~ ~ O N CO ~ ~ 00 0~ O Lf') r r r 0 K ~ ~. ~ l0 r r O ~ t~ ~ ~ ~ ~ ~ ~ o ° ° ° ° o ° ~ o_ o_ o_ ~ ~ o • ~ N ~ ~ N N C O ~ d r r a ~ ~ ~ ~ ~ ~ o U ~ N O U N ~ ~ .C~ C ~ c ~ ~ ~ O vi ~ - E c`6 Q ` ~ W • O ~ ~ _ ~ Q L ~ ~ ~ ~ ~a a X ~ ~ ~ ~ ~ g J X ~ C ~ ~ LL o Q ~ w ~ ~ O °o o o oo ~ r ti M ~n~n Q. X X X O O ~, 00 00 00 0 0 0 0 0 0 0 0 ~ ~ 0 0 0 0 0 0 0 .J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I ~ r In lfl l!7 r r I ER EA EA d4 bF} Ef-? V r ~ V ~ O ~ CO L() ti r r N ~ O r I~ Q1 ~ O N O ti O O ~ ~ I~ N r r M r Eo9 E!3 Efl 69 (f} d4 fR ~. W E,9 69 tf? Ef3 69 d4 fR O O O O tn ~ O O LL ~ N ~ O d .-. 0 L \ ~- r M _ ~ ~ LL N O ... i ~ fA H9 E!3 ~} ER f,9 EA Q O O O N O O N a .•. o ~ 0 o o ~ ~n ~ ~ o o ~ o et ti N r r M V~ r 2 '-' LL ~ ~ ~ ~ ~ ~ ~ ~ ~ L t L r !~ O a ~ ~ 0 0 0 0 0 0 0 O O O 0 0 0 0 ~ • O O O O O O 0 ~ 0 ~ 0 O 0 O ~ ~ O l!7 f~ O I` et O ti N r r M a` ~ ~ ~ ~ ~ ~ ~ ' ~ ~ ~ 'a c 'a v~ O ~ i O U O U a c ~ ~ ~ ~ O vi ca ~ c0 Cn J ~ L ~ U> ~ F- I ~ • p ~U ~ ' V ~ ' N Q i ~ ~ ~ ~ L ~ ~ ~ L ~ ~ ~ L r I ~ C G ' y-+ Q N ~ ~ ~ 4. ' ~ W ~ U i o ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 r oo N u'~ M N f1 j ~ ~ x ) O O O O O O O r O O O O O O O O O O O O O O J 00 00 00 O ' J O O O O O~ O ~ r In r r r N E!} EA EF} 6F} d} &9 0 U J U ~_ W a Z H W 2 Q W 00 J W LL O ~_ U '~ L1') 0 00 0 t0 M 00 1~ 0 ~ ~A i ~ ~ I~ O ~ N 3 ~ 00 ~ ~ 'd' o0 ~ ~ I~ M ~ ~ ~ ~ N ~ r O H fA 69 ~} 6R Ef} ~} N Op ~ Cfl ~ M O X M Cfl '~t N ~ O F- Op Cfl O N M O = 0 00 N 00 ~ ~ i M d' ~ N M ~C ~ ~ N d Efl 69 Ef3 Efl Eft ER O O O t n ~ 0 Ln N 00 I~ N 0 i ~ ~ r ~ N 00 r ~ d' ~ 0 ~ ' ~ M d ~ N ti M ~ ~ M ~ ~ a ~ ~ ~ ~ ~ ~ C o o 0 0 ~ o 0 ~ V N ~ ~ ~ N V ~ 00 to In Ln 00 C LL N N N N N I V N ~ ~ ~ 0 ~ N ~ t f) 0 0 R 0~ 0 In ~ c- to ~ ~ r ~ ~ CA ~ ~ ~ ~ ~ ~ ~ i ' 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ 0 ° o ° ° 0 _ ~ uS o o o o d N O O ~ ln tn ~ L~ ~ O O N N ~ ~ OO N tfl Cfl ~ ~ U a N r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O U N V ~ C = U ~ ~ - J Q. ~ ~ ~ ~ O CJ ~ p ~ C V ~ c a U cY ~ _ U ~ a~. ~ ~ d c c ~ ~ Q J C ~~ C U J ea ~ C ~ ~ ~ ns C ~ ~ ~` ~ ' c _ = ~~ cna~i~c 'x ~ cn c .J QJW'W D N W Z O ~ ~ N O ~ ~ ~ ~ ~ 0 N Cfl O ~ ~ M H M _ ~ ~ 0 4fl Ef} W? O O N N a W Ef} E!? N N e ~ ~ ' p LL i ~ M ~ M 0) r r ~ W Ef} ff} 0 o 0 o Q ~ ~ a M Cfl N V ~ N .~ ~ ... _ W ~ ~ ~ m °' ° W o o ~ ~ ~ V . _ _ O a ~ ~ 0 0 0 o ~ o ~ ° rn `n . o o o ~ O ~ Cfl i M ~ a ~ ~ ~ U i Q X - O ..- W ~ ~ E a ~ ~ o ~ H °o_ ~ Q. O J ` ° ~ ~ o . ~i ~ O ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS THRU: DAVID T. HARDEN, CITY MANAGER FROM: RICHARD C. HASKO, ENVIRONMENTAL SERVICES DIRECTOR VICTOR MAJTENYI, DEPUTY DIRECTOR OF PUBLIC UTILITIES SUBJECT: AGENDA ITEM ~ C• -CITY COMMISSION MEETING OF JUNE 19, 2007 LAKEVIEW GOLF CnURSE RECLAIMED WATER MAIN, PlN 2QQ7-020 RECOMMENDATiOI~ TO PROCEED WITH OPTION ~ DATE: JUNE 12, 2007 ITEM BEFORE THE COMMISSION Request Commission to authorize staff to proceed with design Option #2, referenced in Mathews Consulting, Inc.'s letter dated May 25, 2007, for providing reclaimed water to Lakeview Golf Course. In conjunction with the installation of approximately 3,025 if of reclaimed water main, Option #2 involves constructing a lined lake for receiving reclaimed water during off-peak demand hours and at a delivery rate more accommodating to the wastewater treatment plant. The estimated cost for Option 2 is $358,600. BACKGROUND As part of the Area 2 and 3 Reclaimed Water Transmission project along Dover Road, a 10" stub was installed off the 24" main at the south entrance drive (maintenance entrance) at Lakeview Golf Course for future connection to the system. At this connection, the proposed ductile iron distribution main will be reduced to an 8" pipe, continuing west along the southern property lines and diagonally across the 17~ fairway to the location of the existing pump station; approximately 3,025 feet, total. From this point, there are two options for the delivery to the irrigation system; Option #1, installing an in-line booster station to maintain the irrigation system's required 120psi operating pressure, or Option #2, constructing/modifying an existing lake for receiving the reclaimed water and re-pumping it into the irrigation system. The cost for Options 1 is $265,100 and for Option 2 is $358,600. Option #2, with a increased cost differential of $93,500, is recommended for large users given that the on- site storage capacity offers flexibility in receiving reclaimed water during off-peak times. This method provides flow control with delivery of reclaimed water throughout a longer period of time in a given dap (during non-irrigation hours) vs. peaks hours of high demand (evening and nights). This will greatly reduce the impact to other smaller end users designed to operate on a closed system because they can not feasibly construct on-site storage facilities. Please refer to letters from Mathews Consulting, Inc. and The Pignato Group, Inc. Funding is proposed for next pear's Water and Sewer capital budget, fiscal year 2007/2008. REC~OIV ~1~SEND,I~T~ Staff recommends approval of Option #2 which includes modifying an existing lake for receiving and re- pumping of reclaimed water in conjunction with the constnzction of approximately 3,025 if of 8" reclaimed water main at Lakeview Golf Course for an estimated cost of $358,600. cc: Ffle 2007-020 (E) U:\wwdstaltgmd~lAgada Info 6.19.071Aeods Mamo LV Golf Cne Iteclvd Wtr Optr~s 06 t9 07 RVClamdoc MATHEWS CONSULTING ~~ TO: Victor Majtenyi -City of Dekay Beach FROM: Rebecca Travis DATE: May 25, 2007 (revised 6-15-07) SUBJECT: Lakeview Golf Course Reclaimed Water Service Connection MEMORANDUM The City of Delray Beach has determined that the reclaimed water main that will provide service to the Lakeview Golf Course will be connected to the existing 10-inch reclaimed watermain stub, and reduced to an 8-inch ductile iron pipe prior to the meter vault. The 8-inch main will continue west, approximately 3,025 LF along the south property line, diagonally across the 17`n fairway, then along the south property line again to the location of the existing pump station. At this point, the reclaimed water can be delivered via an in-line booster station or into an existing lake to be re-pumped into the irrigation system. Attached is a discussion of the two delivery options. While Option 1 (the in-line booster pump station) is less expensive from a construction standpoint, this option does not provide the flexibility of reclaimed water delivery during the off-peak times. With Option 2 (delivery into the on-site storage lake) we anticipate expanding the lake to ensure sufficient capacity for the reclaimed water as well as for the existing surface water drainage. The lake would also need to be lined in order to provide sufficient lake levels for pump suction head. Although the lake does not have a positive outfall to a LWDD canal, the lake is interconnected with other lakes that do outfall to the L-36 Canal. The drainage interconnect with the other lakes would need to be plugged. For operational reasons and for better flow control, it is recommended that for lazger users (such as golf courses) it is preferred to have reclaimed water delivery throughout a longer period of time in a given day (e.g. over 24 hours) and into an on-site lake if possible. Mathews Consulting, Inc. 1475 Centrepark Boulevard Suite 250 West Palm Beach, FL 33401 561-478-7961 Fax: S6I-478-7964 www. mathewsconsultinginc. com The planning level costs are estimated as follows: Option 1- Inline Booster Electrical service connection, site & system Modifications, control valve $ 20,000 Centrifugal VFD Pump Station, 400 gpm @ 100 psi boost $ 35,000 3,025 LF 8" DIP w/fittings, valves $186,000 Contingency -10% 24 100 TOTAL $ 265,100* * Total does not include the cost of the meter, meter vault and valve vault which would be the same cost regardless of the option selected. Also does not include restoration for the reclaimed water main construction, which is anticipated to be minimal. O>Dtion 2 - Discharse to Lake Electrical service connection, site & system Modifications, control valve $ 20,000 Vertical Turbine Pump Station, 400 gpm @ 100 psi boost, for a total system pressure of 120 psi. $ 40,000 3,025 LF 8" DIP w/f ttings, valves $186,000 Lake expansion & liner, plug drainage, engineering, survey, permit $ 80,000 Contingency -10% 32 600 TOTAL $ 358,600* • Total does not include the cost of the meter, meter vault and valve vault which would be the same cost regardless of the option selected. Also does not include restoration for the reclaimed water main construction, which is anticipated to be minimal. cc: Richard Hasko Rene Mathews Dave Mathews MC File # 1292 2 of 2 Motlur-vs Consulting, Inc. 1475 Centrepark Boulevara~ Suite 250 West Palm Beach, FL 33401 361-478-7961 Fax: 561-478-7964 www. mathewsconsultinginc. com THE PIGNATO GROUP, INC. Golf Irrigation Consultants 13402 LA MIRADA CIRCLE WELLINGTON, FLORIDA USA 33414 T 561.422.8873 F 561.422.8878 IRRIGATION SYSTEM ANALYSIS PROJECT NAME: Lakeview Golf Course, Delray Beach, Florida FROM: Mike Pignato RE: Pump Station System Review VISIT DATE: MONDAY, MARCH 26, 2007 • WATER SOURCE(S) The golf course currently has two sources of pumping water out to the golf course irrgation system. The first system appears to be inactive has twa vertical turbine pumps sitting atop a rectangular wet well, and a 1 HP pressure maintenance pump. This system appears to be the original system and pulled water from an irrigation pond a 113 acre in size. In iYs current condition, the irriga#ion pond is unusable as a main source of supplying water. This is because of two reasons: the depth of available water is insufficient, and the quantity of available water is also insufficient. The second source is a vertical turbine pump and motor that sits atop a well. The specifications of the well are unknown at this time but it is thought that the well currently supplies approximately 400 gpm to the golf course irrigation system. It was explained that a combination of the two systems is used with the 25 HP from the lake wet well is utilized as a jockey pump, and the 40 HP from the well operating in tandem. I noticed that the isolation valve for this pump was partially open during our visit to allow only a fraction of the available water to the system. All water pressure is monitored and controlled by a bladder tank and the flows are controlled by a Cla Valve down stream of both systems. • WATER SOURCE OPTIONS Lakeview GC Pump System Analysis Page 1 of 3 With the desire to supply reclaimed water to Lakeview GC, the City has a couple of options to evaluate when making their final design decisions. The fiirst option is fairly simple but has some drawbacks. This first option is to install an reclaimed water supply main from the front entrance at the Club and pipe it along the southern boundary of the property to the existing pump station location. That reclaimed water main would then directly connect #o a control valve that would be used to regulate incoming pressure. From that control valve, it would connect direc#ly to a centrifuge! boost pump station. The goal would be to regulate incoming pressure at say 20 psi, and boost that wafer pressure by 100 psi and send it out to the golf course irrigation system at 120 psi. It would be advisable that if Option 1 is used, then we should keep the well system in place and have itcross-connected to the irrigation system and valved off during the normal operation of the system. If the treatment plant was unable, for who#ever reason, to supply reclaimed water to the golf course then we could isolate the reclaimed pump station and open the well pump station to continue to supply water #o the golf course. This well pump station could also be used for periodic "flushing" of the greens with fresh water. OPTION 1 COST 400 GPM VFD Centrifugal Pump Station (20 PS! Inc. P~essurewith 100 PSI Boost) $30.35K Site Improvements (Slab, Modification of Onsite Plumbing, Electrical, Control Valve) $15.20K The drawback to this option has to do with issues regarding reliability of the supply from the plant and proper scheduling of the feed volume to the larger volume customers, such as the golf course. With other end users having similar closed systems each of these systems must supply water at the rates required and designed for or those pumps will begin to cavitate and not perform as designed. Option Twa for Lakeview would be to have the reclaimed water supply main come across the golf course in the same fashion, but instead of supplying water directly to the pump station, supply the water via a control valve to the irrigaflon pond adjacent to the pump station facility. This would require a vertical turbine pump station that would sit atop the existing wet Weil. The lake would probably have to be cleaned out and lined. The liner would prevent loss of water to the water table. An option may be available for not lining the lake and providing a monitoring well, bu# this would probably not provide sufficient suction depth. Engineering calculations would also be required to ensure sufficient volume can be provided in the lake for stormwater as well as the reclaimed water volume. The lake currently is not in the best condition and excavating and cleaning this pond would also be a huge improvement to the look of this area of the golf course. The excess fill removed from the lake could be used for golf course improvements, i.e., additional tee boxes or mounds. By planning for this type of supply system, filling the take wifh the reclaimed water could take place during non-irrigation hours and greatly reduce the impact to the other end users that have a closed system designed for their facility. ft would also allow for the use of the 56" of rainfall that we experience annually. Again in this case, I would recommend keeping the well pump station in working order for the same reasons as stated previously. Lakeview GC Pump System Analysis Page 2 of 3 OPTION 2 COST 400 GPM VFD Vertical Turbine Pump Station -120 PSI $35.40K Site Improvements (Slab, Modification of Onsite Plumbing, Electrical, Control Valve) $15-20K In either case, the pump stations, bath the well and the new station, should be controlled via a Variable Frequency Drive(VFD). This type of system senses the pressures and flows being demanded in the field during system operation and only turns the pumps at the rate required to generate those flows and pressures. This will also help reduce the number of failures to the existing mainline and lateral pipe network. Lakeview GC Pump System Analysis Page 3 of 3 -i -; T '" ~5y • a n „~> ~ '~ ¢1¢ -~;~ ~ac~ ~ 4 . ~n ~ rcM . ~~ .mss. ~ ~+ i'r .'~a ~ +9 srw~ f ~, , _~ I ~ ,.., ,~; w ~;- ~,» ~ 1, ~J j { t x°~ e'; ~~, ~' "' ~''~.~ _ ~y x .,, x '~ ~ ~` Pu } ~ ~ v ~A ~~ ~e ~ y..: o ~i µ ~ ~''~' 1 t :~y',~a ~ ~ s t *~~ ~ .t?, r .r y*y~.~~ .~ r M1 ,~ ct p ~ ~ ~. U '~` y f 9 ~~.~ T ~~,t j y ~ Jf ` ~ y ~ LWA/ M ao~ s~p ° ~, ~ ~ ~ i ~ O-td. A ^~ ~ ~ „ ,~ ~ it !~~ ~ -~- o s ~ ~ ~z~ ~ ~ Z ~,f z ~ r. U ,~ W C O Y\ 3 ~'~ d O ~~ O *. O N I ~. k '~.~ t rM !, , ~,iR , ~~~~~r a v~ w,1~t r~~~ ~'- , .~~i e 6~ ~~ ~. '' .e' Y" ~ CITY of DELRAY BEACH ~ ENVIRONMENTAL SERVICES DEPARTMENT LAKEVIEW GOLF COURSE DATEOS/13/2007 RECALIMED WATER CONNECTION ""`~°t°~.dw9 2007-020 ~ Of 434 80Ufli SWMiON AVBAIE, DBFiAY BEACF4 RONDA 33444 ,~ ,~ i dpi ~ ~,. ~ i+l` '' ~ i ~ ~ . :~ 1 ~ t /) t r, 3.~ ~,~ `~,~' . ,~~ ~~~ ~~'~" r ~ ~~ ~e~ ~ . ^~' 4.. t: ~ ~<~v~ ~`'Z ~ ~ '~ i ~~; r ~~ ~ ,rA~ `~l. '~ { -T'~. ~ •a r ~;~s 0 1` . h c r ~ t 7 "~ tiI V, q~. ` ~ a,* ~ B :~'~ ;,',~ ru Q ~'. ~~ ~ ~;:~ ~. ~ ~ ~~ .' ~-~ : ~. ~• ~ ~~~: t ,;; L Agenda Item No.~ AGENDA REQUEST Request to be placed on: --X--Regular Agenda (Presentation) Special Agenda Workshop Agenda Date June 12, 2007 When: June 19, 2007 Description of item (who, what, where, how much): Authorize staff to proceed with design Option #2, referenced by Mathews Consulting, Inc.'s letter dated May 25, 2007, for providing reclaimed water to Lakeview Golf Course. In conjunction with installing approximately 3,025 If of reclaimed water main, Option #2 involves constructing a lined lake for receiving reclaimed water during off-peak demand hours and at a delivery rate more accommodating to the wastewater treatment plant. Option #2 is recommended for large users as the on-site storage capacity offers flexibility in receiving reclaimed water during off-peak times. This method provides flow control with delivery of reclaimed throughout a longer period of time in a given day (during non-irrigation hours) vs. peaks hours of high demand (evening and nights). The estimated cost for Option #2 is $358,600. Funding is proposed for next year's Water and Sewer capital budget, fiscal year 2007/2008. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends approval of Option #2 which includes modifying an existing lake for receiving and re- pumping of reclaimed water in conjunction with the construction of approximately 3,025 If of 8" reclaimed water main at Lakeview Golf Cour~,E3-~fo~ an estimated cost gf~58,600. Department head signature: t, / ~ ~~~~ ~- /3 -b Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO (see above) Funding alternatives (if applicable): Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: _ Action: Approved/Disapproved S:1EngAdminlProjects1200712007-02010FFICIAL1Agnda Req LV Golf Crse Rclmd Wtr Optr-s 06.19.07.doc MEMORANDUM TO: MAYOR AND CITY C MMISSIONERS t`^~--- FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: JUNE 11, 2007 SUBJECT: AGENDA ITEM # ~-~ -REGULAR MEETING OF JUNE 19, 2007 RESOLUTION 37-07 -CONTRACT WITH CRA ON TRANSFER OF PARKING LOTS TO THE CITY AND INTERLOCAL AGREEMENT ITEM BEFORE COMMISSION The attached purchase and sale agreement and interlocal agreement provide for the transfer of 5 parking lots, located in the Seacrest Neighborhood and on SW 4th Avenue (across from the Police Department), to the City. BACKGROUND In the event that the City, in the future, would wish to sell the property or use the property for a use other than a public use, the CRA must first be given 30 days notice in order to allow the CRA to comment on the change in use. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. N. E. 14TH ST. Q 242 N E 13th Street = 13TH ST. Q w 23 N E 12th Street x 0 12TH ST. 270 N E 12th Street 0 J ST. 0 10TH ST. 906 NE 3rd Avenu H S T. N CRA Owned Parking Lot(s) ~ Transfer to the City of Delray Beach +~ay sa. zoD~ CRA Owned Parking Lot(s) NOTE: SEE REVERSE SIDE FOR LEGEND DNroy Bach Canmunity RN~vNopm~nt Agawy N CRA Owned Parking Lot(s) ~ Transfe'r to the City of Delray Beach iAay z+, zao~ CRA Owned Parking Lot(s) NOTE: SEE REVERSE SIDE FOR LEGEND Delray Beach Community Redevelopment Agency RESOLUTION NO. 37-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain parking lots located in the Seacrest Neighborhood and on SW 4th Avenue, to continue to provide public parking, a valid public purpose; and WHEREAS, the Seller hereinafter named 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from the Delray Beach Community Redevelopment Agency, as Seller, for the purchase price of Ten Dollars ($10.00), and other good and valuable consideration; said parcel being more particularly described as follows: See Exhibit "A" 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 Seller as hereinabove named are incorporated herein as Exhibit "B". PASSED AND ADOPTED in regular session on the day of 2007. MAYOR Attest: City Clerk EXHIBIT "A" Seacrest Parking Address Legal Description Physical Description & Lots Location 12-43-46-09-28- 242 NE 13 Lots 9 & 10, Block 4, Dell Park, as Parking Lot between NE 2 004-0090 Street recorded in Plat Book 8 Page 56, and 3 Avenues of the Public Records of Palm Beach Coun ,Florida 12-43-46-09-28- 223 NE 12 Lot 25, Block 4, Dell Park, Parking Lot between NE 2 004-0250 Street according to the Plat thereof and 3 Avenues recorded in Plat Book 8 Page 56, of the Public Records of Palm Beach Coun ,Florida 12-43-46-09-28- 270 NE 12 Lots 1, 2, 3, 4 and 5, Less the Parking lot at the southwest 005-0011 Street West 56 Feet of all Lots, Block 5, corner of NE 12th Street and Dell Park, according to the Plat NE 3~d Avenue thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56 12-43-46-09-28- 906 NE 3 Lot 31, Block 9, Dell Park, a Parking Lot between NE 9 009-0310 Avenue subdivision of the City of Delray and 10th Streets Beach, Florida, according to the Plat thereof, recorded in Plat Book 8, Page 56, of the Public Records of the Office of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56. SW 4 Avenue Parking Lot 12-43-46-17-06- 16 SW 4 Lots 11 and the North 15 Feet of Parking lot on the west side of 029-0110 Avenue Lot 12, Block 29, Resubdivision of SW 4th Avenue, across from Blocks 29 and 37, Delray Beach, the Police Department (North Florida, according to the Plat Half). thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Coun ,Florida. 12-43-46-17-06- 16 SW 4 The south 10 feet of Lot 12 and Parking lot on the west side of 029-0121 Avenue all of Lot 13, Block 29, SW 4th Avenue, across from Resubdivision of Blocks 29 and the Police Department (South 37, Delray Beach, Florida, Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Coun ,Florida. Page 6 of 6 Exhibit "B" CONTRACT FOR SALE AND PURCHASE PARTIES: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, of 20 North Swinton Avenue, Delray Beach, Florida (Phone: 561-276-8640) ("Seller"), and the CITY OF DELRAY BEACH, a Florida municipal corporation, of 100 N.W. First Avenue, Delray Beach, Florida 33444 (Phone: (561)243-7090), hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Pro ert ')upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). DESCRIPTION: (a}Legal description of the Real Property located in Palm Beach County, Florida: See legal description attached hereto and made a part hereof as Exhibit "A" PURCHASE PRICE: $10.00 II. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties prior to such offer being withdrawn by the first party signing, this offer will be withdrawn. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. III. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title insurance commitment and, after closing, an owner's policy of title insurance. IV. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered within one hundred twenty (120) calendar days following the execution of this Contract, unless modified by other provisions of Contract. V. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; and public utility easements of record. In the event the Buyer wishes to discontinue the public use of the property, it shall provide Seller with 30 days written notice of its intent to allow Seller to comment on such change. This notice provision shall survive the closing. VI. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. VIII. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) _may assign and thereby be released from any further liability under this Contract; _may assign but not be released from liability under this Contract; or X may not assign this Contract. Page 1 of 6 SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE X . CITY OF DELRAY BEACH DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Tax ID No. By: Tax ID No. Page 2 of 6 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BUYER: CITY OF DELRAY BEACH PROPERTY ADDRESS: See Exhibit "A" XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate ofnon-foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Intemal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds {or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have sixty (60) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. D. The parties represent and warrant that there is no broker involved in this transaction to whom a commission would be due. SELLER'S INITIALS: BUYER'S INITIALS: Page 3 of 6 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, iftitle commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after expiration of the thirty (30) day pedod, deliver written notice to Seller either. (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to corned defect(s) in title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall eitherwaive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract. B. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discoses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contrad covenants or applicable governmental regulation, the same shall constitute a title defect. C. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficent for the intended use as described in Paragraph V hereof, title to which is in accordance with Standard A. D. LEASES: Seller shall, not less than 15 days before dosing, famish to Buyer copies of all written leases and estoppel letters from each tenant spedtying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letterfrom each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at dosing, deliver and assign all original leases to Buyer. E. LIENS: Seiler shall famish to Buyer at time of dosing an affidavit attesting to the absence, unless otherwise provided for herein, of any financng statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Property has been improved, or repaired within thattime, Seller shall deliver releases orwaivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at dosing of this Contrad. F. PLACE OF CLOSING: Closing shall beheld in the county where Real Property is located, at the office of the attorney or other dosing agent designated by Seller. G. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Anytime periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract H. DOCUMENTS FOR CLOSING: Seller shall famish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. Buyer shall famish closing statement, mortgage, mortgage note, security agreement, and finandng statements. I. EXPENSES: Recording corrective instruments shall be paid by Buyer. Recording of deed shall be paid by Buyer. Unless otherwise provided by law or rider to this Contrad, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for famishing the title evidence in accordance with Paragraph III. J. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified spedal assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. K. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and dosing shall proceed pursuant to the terms of Contract with restoration costs escrowed at dosing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contrad and receiving return of deposit(s). L. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been famished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All dosing proceeds shall beheld in escrow by Seller's attorney or other mutually acceptable escrow agentfor a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in wdting of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by spedal warranty deed and bill of sale. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyerbyvirtue of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contrad. Seller shall have the right to require from the lending insttution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defedattributable toBuyer-mortgagor. The escrow and closing procedure required by this Standard may be waived ff title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. Page 4 of 6 O. FAILURE OF PERFORMANCE: If Buyerfails to perform this Contractwithin the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, maybe recovered and retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Sellers title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recerded in any public records. This Contract shall bind and inure to the benefd of the parties and their successors in interest. W henever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. CONVEYANCE: Seller shall convey title to Real Property by Quit Claim Deed, subject only to matters contained in Paragraph V and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. R. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. WARRANTIES: Sellerwarrants that there are no facts known to Seller materially affecting the value of the Propertywhich are not readily observable by Buyer or which have not been disclosed to Buyer. Page5of6 FJCHIBIT "A" Seacrest Parking Address Legal Description Physical Description 8~ Lots Location 12-43-46-09-28- 242 NE 13 Lots 9 & 10, Block 4, Dell Park, as Parkin q Lot between NE 2 004-0090 Street recorded in Plat Book 8 Page 56, ~ and 3r Avenues of the Public Records of Palm Beach Coun ,Florida 12-43-46-09-28- 223 NE 12 Lot 25, Block 4, Dell Park, Parkin q Lot between NE 2 004-0250 Street according to the Plat thereof ~ and 3 Avenues recorded in Plat Book 8 Page 56, of the Public Records of Palm Beach Coun ,Florida 12-43-46-09-28- 270 NE 12 Lots 1, 2, 3, 4 and 5, Less the Parking lot at the southwest 005-0011 Street West 56 Feet of all Lots, f3lock 5, corner of NE 12th Street and Dell Park, according to the Plat NE 3rd Avenue thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56 12-43-46-09-28- 906 NE 3 Lot 31, Block 9, Dell Park, a Parking Lot between NE 9 009-0310 Avenue subdivision of the City of Delray and 10th Streets Beach, Florida, according to the Plat thereof, recorded in Plat Book 8, Page 56, of the Public Records of the Office of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56. SW 4 Avenue Parking Lot 12-43-46-17-06- 16 SW 4 Lots 11 and the North 15 Feet of Parking lot on the west side of 029-0110 Avenue Lot 12, Block 29, Resubdivision of SW 4th Avenue, across from Blocks 29 and 37, Delray Beach, the Police Department (North Florida, according to the Plat Half). thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Coun ,Florida. 12-43-46-17-06- 16 SW 4 The south 10 feet of Lot 12 and Parking lot on the west side of 029-0121 Avenue all of Lot 13, Block 29, SW 4th Avenue, across from Resubdivision of Blocks 29 and the Police Department (South 37, Delray Beach, Florida, Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Coun ,Florida. Page 6 of 6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT is made this day of 2007 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City") and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") WITNESSETH: WHEREAS, the CRA owns the properties described in Exhibit "A" and wishes to transfer ownership of the properties to the City, and the City has agreed to accept the transfer and will maintain the properties in perpetuity; and 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. Conveyance of Property. The CRA shall convey the properties as described in Exhibit "A", to the City, for the cost of $10.00 as consideration, receipt of which is hereby acknowledged by the CRA. The transfer shall be by quit claim deed, and the City shall own and maintain the properties in perpetuity. 3. Term. The term of this agreement shall commence when approved by both parties and when executed by the last signatory to this agreement and shall expire after the property has been transferred to the City. 4. Restriction on Use. The CRA and the City agree to restrict the use of the properties described in Exhibit "A" to public uses, including, but not limited to parking facilities for the general public. In the event the City determines that any of the properties described in Exhibit "A" should no longer be used as a parking lot, or for other public use, the City shall provide the CRA with written notice of its intent to discontinue the public use, and provide the CRA with thirty (30) days to comment on the proposed change in use, and make any suggestions regarding the City's intended change in use. 5. Interlocal Agreement. This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01(11), Florida Statutes. 6. Final Agreement; Modification. 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 of this agreement shall be in writing at~d executed by the parties. 7. Severability. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof contained within this Agreement shall have no force or effect upon the validity of any other portion hereof. 8. Laws; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. Venue for any action arising from this agreement shall be in Palm Beach County, Florida. 9. Signatures Required. This Agreement shall not be valid until signed by the Mayor and City Clerk. 2 ATTEST: City Clerk Approved as to Form: City Attorney Witnesses: CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor COMMUNITY REDEVELOPMENT AGENCY Print Name: Print Name: STATE OF FLORIDA By: Print Name: Title: COUNTY OF The foregoing instrument was acknowledged before me this day of 200_ by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. . Signature of Notary Public H:~2006~060018 DBCRA~AGMT 20071ILA with City (Parking Lots).doc 3 EXHIBIT "A" Seacrest Address Legal Description Physical Description & Parking Lots Location 12-43-46-09-28- 242 NE 13 Lots 9 & 10, Block 4, Dell Parking Lot between NE 004-0090 Street Park, as recorded in Plat Book 2nd and 3`d Avenues 8 Page 56, of the Public Records of Palm Beach Count ,Florida 12-43-46-09-28- 223 NE 12 Lot 25, Block 4, Dell Park, Parking Lot between NE 004-0250 Street according to the Plat thereof 2"d and 3`d Avenues recorded in Plat Book 8 Page 56, of the Public Records of Palm Beach Count ,Florida 12-43-46-09-28- 270 NE 12 Lots 1, 2, 3, 4 and 5, Less the Parking lot at the 005-0011 Street West 56 Feet of all Lots, Block southwest corner of NE 5, Dell Park, according to the 12th Street and NE 3`d Plat thereof on file in the Office Avenue of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56 12-43-46-09-28- 906 NE 3` Lot 31, Block 9, Dell Park, a Parking Lot between NE 9 009-0310 Avenue subdivision of the City of and 10th Streets Delray Beach, Florida, according to the Plat thereof, recorded in Plat Book 8, Page 56, of the Public Records of the Office of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56. SW 4 Avenue Parking Lot 12-43-46-17-06- 16 SW 4 Lots 11 and the North 15 Feet Parking lot on the west 029-0110 Avenue of Lot 12, Block 29, side of SW 4th Avenue, Resubdivision of Blocks 29 across from the Police and 37, Delray Beach, Florida, Department (North Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Count ,Florida. 12-43-46-17-06- 16 SW 4 The south 10 feet of Lot 12 Parking lot on the west 029-0121 Avenue and all of Lot 13, Block 29, side of SW 4th Avenue, Resubdivision of Blocks 29 across from the Police and 37, Delray Beach, Florida, Department (South Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Count ,Florida. UGC : ~ c~-~e~czla~ elray Beach News -Tuesday-~Nednesday, June 5-6, 2007 __ wrvvw.bocanews.com • Boca Raton/D 13 xarress Boa ~wriovtie~~e-Ts NOTICE OF INTENT Tb ACQUIRE REAL PROPERTY l NOTICE IS HEREBY GIVEN,that City of Delray Beach, Florida, teas de ~~~ tennined d ro be in the heat interest the City to purchase certain real prop arty for municipal purposes, more park titularly described as folbws: Lots 9 8 10, Block 4, Dell Park, as re corded in Plat Book 8 Page 56, of th Public Records of Palm Beac County, Florida Lot 25, Bbck 4, Dell Park, eccordin to the Plat thereat recorded in Pla Book 8 Page 56, of the Publi Records of Palm Beach County. Flori da Lots 1, 2, 3, 4 and 5, Less the West Feet of all Lols, Bbck 5, Dell Park, a cording to the Plat thereof on file i the ONice of the Clerk of the Circui Court in and for Palm Beach County, Fonda, recorded in Plat Book 8, Pa 58 Lot 31, Block 9, Dell Park, a subdivi son of the City of Delray Beach, Flor itla, according to the Plat thereol, re corded in Plat Book 8, Page 56, of tlt Public Records of the Othce of the Cir coil Courf in and for Palm Beac County, Florda, recorded in Plat Boo a. Page 56. Lots 11 and the North 15 Feet of L 12, Block 29, Resubdivision of Block 29 and 37, Delray Beach, Florida, ac cording to the Plat thereof recorded i Plat Book 9, Page 68, of the Public Records of Palm Beach County, Fbri~ da. The south 10 feet of Lol 12 and all a Lol 13, Block 29. Resubdivision o Blocks 29 end 37, Delray Beach, Flor ida, according to the Plat Thereof re corded in Plat Book 9, Page 66, of ttu Public Records o1 Palm Beac Coumy, Florida. The purchase is for Ten Dollars (U E10.00). A Resolution of fhe Cil Commission of the City of Delrt Beach, Florida, authorizing the pu chase of property and incorporatir the terms and condNbns of such pr chase will be considered for adopli~ "by the City Commission at a regal meeting to be held on Tuesday, Ju 19, 2007 (or et any continuation such meeting which is set by t Commission) al 7:00 p-m. in the Cc mission Chambers at City Hall, 1 N.W. 1st Avenue, Delray Beach, FI ida. ChTY'pF13ELRAYBEACH, FLOR Chevelk: D. Nubin, C City C Publish: Jana 5 & 12, 2007 Boca RalarJDelmY Beach News 3~ _ ~~ ~c . ~a~er~a ~~,) www.bocanews.com • Boca Raton/Delray Beach News -Tuesday-Wednesday, June 12-13, 200/ ~ NOTICE OFINTENT TO ACQUIRE REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Fbrida, has de- iermined it to be in the best interest of the City to purchase certain real prop-:, erty for municipal purposes, more par- ticuladydescribed asfollows: Lots 9 8 10, Bock 4, pen park, as re- cortled in PWt Book 8 Page 56, of the Public Records of Palm Beach: Coumy. Florida i Lol 25, 8bck 4, Dell Park, according~ to the Plat thereof recorded in Platt Book 8 Page 56, of the Public Records of Palm Beach County, Flori-~ da Lds 1, 2, 3, 4 aM 5, Less the Wesl Sfil'~ Feet M all Lots, Block 5, Dell Pazk, ac~1I' carding to the Plat thereof on lile irf the Office of the Clerk of the Circuit; Court in and for Palm Beach County,l Fbrida, rewrded in Plat Book 8, Page) 56 Lot 31, Block 9, Dell Park, a subdivi- sion of the Cdy of Delray Beach, Flor- ida, according to the Plat Thereof, re corded in Plal Book 6, Page 56, of th PWlic Records of the Office of the Cir- cuit Court in and for Palm Beach'. County, Fbrida, recorded in Plat Book: 8, Page 66. Lots 71 and the Nonh 15 Feet of Lob 72, Block 29, Resubdivisgn of BlocYS~. 29 and 37, Delray Beach, Floritla, ac-, cording to the Plat thereof recorded in~ Plat Book 9, Page 66, of the Publi,. Records of Palm Beach County, Flori da. The south 10 feel of Lx 12 and all ofII lot 1_,~ Block 29 Resubdivision p@ Blocks 29 antl 37, Delray Beach, Flor- iida, according to the Plat thereof re- ~corded in Plat Book 9, Page 66, of the ,Public Records of Palm Beach County, Forida. I'The purchase is for Ten Dollars (US 610.00j. A Resolution of the City Commission of the City of Delray Beach, Florida, authorizing the pur- Ichase of property and incorporating ',the terms and conditions of such pur- chase will be considered for adoption ~by the City Commission at a regular !meeting to be held on Tuesday, June 19, 2007 (or al any continuation of such meeting which is set by the Commission) at 7:00 p. m. in the Com~ mission Chambers al City Hall, 100 N.YJ. 1st Avenue, Delray Beach, Flor- ida. '~ITf OF DELRAY BEACH, FLORIDA Chevelle D. Nubin, CMC Cdv Clerk ru~li;h: dune 5 & 12, 2007 Boca Ralon/Delray Beach News MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Terrill Barton, Assistant City Attorney THROUGH: CITY ATTORNEY t DATE: June 13, 2007 (} SUBJECT: AGENDA ITEM #"1. ~ REGULAR MEETING OF JUNE 19. 20(17 AUTHORIZATION TO PARTICIPATE IN CLASS ACTION LAWSUIT REGARDING INSURANCE BROKERAGE AND EMPLOYEE BENEFIT INSURANCE ANTITRUST LITIGATION AGAINST ARTHUR J. GALLAGHER ENTITIES ITEM BEFORE COMMISSION Request for Authorization to participate in the Class Action Lawsuit against Arthur J. Gallagher Entities. BACKGROUND Our office is requesting authorization to participate in the Class Action lawsuit against Arthur J. Gallagher Entities. Our office received notice of a Proposed Action Settlement to entities who, from August 26, 1994 through December 31, 2005, inclusive engaged the service of Arthur J. Gallagher Entities in connection with the purchase or renewal of insurance or reinsurance. Frank Babin, the City's Risk Manager, confirmed that we did use Arthur J. Gallagher during the time period referenced above and so we may be entitled to recover some monies for undisclosed fees. Mr. Babin is in the process of gathering the records from that time period to see how much we may be entitled to recover, however, the deadline to opt out of the class action is June 29, 2007. FUNDING SOURCE N/A RECOMMENDATION The City Attorney's office recommends participating in the Class Action lawsuit against Arthur J. Gallagher Entities. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Terrill Barton, Assistant City Attorney THROUGH: CITY ATTORNEY DATE: June 13, 2007 SUBJECT: AGENDA ITEM #,~. r - REGULA)~2 MEETING OF JUNE 19. 2tH17 AUTHORIZATION TO FILE APPEAL TO THE FOURTH DISTRCIT COURT OF APPEALS IN THE CASE OF MARGEUNE ST. JUSTE V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Request for Authorization to file Appeal. BACKGROUND The verdict rendered by the jury in the above-referenced case found the City of Delray Beach 60% negligent for failure to enforce it's ordinances regarding impounding dogs found running at large. We believe strongly that Sovereign Immunity prevents liability in this case. Our office is requesting advanced authorization to file an appeal of the June 7, 2007 verdict rendered in Palm Beach County Circuit Court in the lawsuit of Margeune St. Juste v. The City of Delray Beach. We are requesting the authorization in the event that the City's pending Motion to Set Aside the Verdict and any Judgment Entered Thereon (formerly known as Judgment Notwithstanding Verdict or JNOV) is not granted by the Circuit Court of Palm Beach County. We are also seeking advanced authorization to seek Amicus Briefs in this case. FUNDING SOURCE N/A RECOMMENDATION The City Attorney's office recommends pursuing an appeal. MEMORANDUM TO: MAYOR AJ~ID CITY COMMISSIONERS FROM: ~OARONSON, PARKING MANAGEMENT SPECIALIST PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING i THROUGH: CITY MANAGER DATE: JUNE 14, 2007 ~~ FETING JUNE 19 2007 - MMISSION M SUBJECT: AGENDA ITEM # CITY CO REJECTION OF ALL BIDS SUBMITTED FOR RFP 2006-057 ITEM BEFORE COMMISSION The item before the City Commission is to reject all bids received in response to RFP 2006-057. BACKGROUND At the City Commission meeting of March 6, 2006, Staff was directed to rescind RFP 2006-15 for the purchase of Pay & Display parking meters and modify the RFP to incorporate single head meters along with all other alternatives. Subsequently, RFP 2006- 057 was processed to the extent that the Parking Meter Committee, comprised of staff members from various departments, was to grade the responses and forward a recommendation to the Commission. Due to the bid document format and the manner in which the vendors crafted their responses, fair and proper grading of the responses was not achievable. At the City Commission workshop of June 12, 2007, staff was directed to replace all mechanical meters along Ocean Boulevard, (SR A1A), with electronic components utilizing the existing poles and housings. Double head brackets, capable of holding two (2) meters, will be used in the installation, thus enhancing the streetscape by eliminating every other pole along Ocean Boulevard. Additionally, a new Pay by Space multi bay meter system will be installed in all parking lots on the barrier island. This will require re-advertising of the project which will be done in an Invitation to Bid format. The responses for Bid 2006-057 must be officially rejected in order to proceed with the re- advertisement of the project. RECOMMENDATION By motion, reject all responses to Bid 2006-057. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SUSAN A. RUBY, CITY ATTORNE DATE: JUNE 15, 2007 SUBJECT: AGENDA ITEM # a . ~ REGULAR MEETING OF NON-RENEWAL OF AGREEMENT WITH PREARRANGEMENTS OF DELRAY, INC. ITEM BEFORE COMMISSION The item before the Commission is to seek approval to send notice that the contract will not be renewed. This is not a termination or cancellation during the term of the Agreement, however if approved, the City be exercising its right to not renew the Agreement. BACKGROUND The City entered into an Agreement fora 20 year period, which expires on January 5, 2008, unless otherwise renewed for an additional ten year period. The contract requires notification of non- renewal 180 days prior to the end of the current term or renewal period or no later than July 1, 2007. While a termination or cancellation during the duration of the Agreement requires payment of $125,000 to "Prearrangements of Delray, Inc.", a determination not to renew at the end of the initial term does not. City staff will assume the duties that were being performed by Prearrangements. Prearrangements of Delray, Inc. receives approximately $50,000 per year for the services provided by them, depending on the amount of sales of mausoleum spaces or grave spaces sold, etc. FUNDING SOURCE N/A RECOMMENDATION City Staff recommends approval of the non-renewal of the contract and the sending of a Notice of Non-Renewal to Prearrangements of Delray, Inc. cc: David Harden,, City Manager Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Joe Weldon, Director of Parks and Recreation i~ i 1 i ~ ~ t+ s w ~~ M O e si ~ ~ C:C ~ F ~o ~ c~ ~ O O O S C70 ~ o o o t~ N ~ N n M ~ .--i ~-+ M $ $ g g $g oc t+1 r + O O o tpp t M ~ N 0 0 o N' M ~ ' ' M v 1 . N g$sS~g •-y`c'~~~~ooo ~ ~ M ~g~~g ~% N ~ o o N M 1p ~ ~ s ~ s s~ 00 ~O a o o M 00 ~ M N ~ 0 ~ N 0 ~ N 0 ~ N N ~ O ~ O O 0 0 0 ~ oho °:~ °OCN s--/ en .-~/ [~+ ~ M rl e-+ M r"~ ~ g ~ ~ $ ~ g ~ o ~ 0 0 0 ~ N ~ ~ 5 ~8 ~~5 ~ ~ p M 0 0 ~ 0 0 g ~.+ !T pp ~ e1' a ~Sgsos o .-•o~riaoo .-~ .-.~ 00 l~ M !'`, ~w ~ o v ~ ° ~ g o ~~ n o ri o 0 ~ v 1 ~ 4 ~ [~ M s ~$~sss ~ c°~ '° ~ ~ n 0$O u . .~ ~ o A ~~ ~ ~ ~ ~ V ~~ ~ ~ ~~ ~ E ~ ~~~~ ~ s ~ ~~U N oo, M S 0 V1 . ~ ~ .~ ~ ~~ U o ~° ~ A m~~~~ ~~~ ~ Ug ~' ~ ~ ~ ~ a ~~ ~ ~ ~~~~ N b o c r, M C ~~ 69 a °• ~ ~ o '~ '" U } ti oho ~ ~ ,~ ER ~ ~ ~ ~O .~ ~ .~ .~ ~ ~~~ ~ a ~s ~ 0. g ~~ o ~ ~~ ~~ N ~ a ~ ti ~y~ g ~~ U ~~ N y ~Q ~ w s ~~~ o $~~ ~ o ~ a "' ~ m is ~ `~ ~~ ~~~~ ~, ~ '~ ~ ~ ~~~~ ~~ .~~~ ~~~~ ~~ o ~~ U •.. ~: g g ~ ~.. 44 ~ ~°~ ~ ~~ ~ ~ ~ ~ s ~ ~ ~. °' ~ ~ ~ A m ~ ~ ~ ~ ~ ~ .~ °'~~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~~ DATE: JUNE 15, 2007 _.-- SUBJECT: AGENDA ITEM # ~ -REGULAR MEETING OF TiJNE 19, 2007 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Community Redevelopment Agency. BACKGROUND The term for Mr. Thomas Carney will expire on July 1, 2007. Mr. Camey will have served one (1) full term is eligible and would like to be considered for appointment. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or perfornung a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Mercator Guerrier. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) regular member to serve a four (4) year term ending July 1, 2011. #tECOMMENDATION Recommend appointment of one (1) regular member to the Community Redevelopment Agency for a four (4) year term ending July 1, 2011. COMMUNITY REDEVELOPMENT AGENCY EXHIBIT "A" Marlene Brown Business Owner/Travel Thomas Carney Attorney Incumbent Mark Denkler Business Owner (currently serving on the Parking Management Advisory Board; also applying for the Downtown Development Authority) Joe Farkas Manager/Banking Joseph Ferrer Entertainment/Business Owner (currently serving on the Police Advisory Board) Gerald Franciosa Retired/Law Enforcement Diane Franco Property Developer/Manager (also applying for the Downtown Development Agency) Bruce Gimmy Business Owner/Retail Mercator Guerrier President-CEO James Houck Property Management (currently serving on the Board of Construction Appeals) Johnny Kincaide Attorney-Partner (also applying for the Downtown Development Authority) Jan Kucera-Winney Real Estate/Event Consultant/Flight Attendant Gregory LaManna District Aide George Maso Semi-retired/Consultant (currently serving on the West Atlantic Redevelopment Coalition) Leonard Mitchell Law Enforcement James O'Brien Property Management (also applying for the Downtown Development Authority) Kenneth Peltzie Healthcare (also applying for the Downtown Development Authority) Jerome Sanzone Building Official Seabron Smith Executive Director Dinah Stephenson Attorney/Real Estate (currently serving on the Civil Service Board) COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 104 W. Atlantic Ave. Delray Beach, FL 33444 02/07 Diane Colonna Executive Director of CRA TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRE 07/01 /2009 Peter Arts Life Insurance Office: 395-1433 Appt 07/05/05 1746 Fern Forest Place Agent Home: 637-3640 Delray Beach, FL 33445 Cell: 703-4770 Fax: 395-4755 07/01 /2007 Thomas F. Carney, Jr. Attorney Office: 330-8140 ApptOG/17/03 1219 Vista Del Mar Drive Home: 272-5010 Delray Beach, FL 33483 Fax: 330-8233 07/01/2009 Veronica Covington Office: 276-9880 Unexp Appt 02/20/07 21 SW 12~' Avenue Security Home: 738-6199 Delray Beach, FL 33444 Surveillance Fax: 276-9879 07/01 /2010 Howard Lewis, Vice Chair Business Owner Office: 276-5183 Unexp Appt 04/15/03 2953 Sabalwood Court Home: 498-3651 Keappt OG/20/06 Dekay Beach, FL 33445 07/01/2008 WilliamBranning Office: 272-6350 Unexp Appt 05/02/OG 1461 SW 15~' Street Contractor Home: 368-1958 Boca Raton, FL 33486 Cell: 350-7552 07/01/2009 Angeleta Gray Business Owner/ Office: 243-7919 Unexp Appt 11/21/OG 696 Udell Lane Cosmetologist Home : 276-9578 Delray Beach, FL 33445 Cell: 350-0611 07/01/2009 Franklin Wheat, Chair Realtor Office: 278-2628 Unexp Appt 04/15/03 12195 South Dunes Road Home: 737-3600 Re Appt 07/05/05 Boynton Beach, FL 33436 Contact person: Diane Colonna 276-8640 S/City Clerk/Boazd 07/CRA Commission Liaison: Commissioner Brenda Montague (Primary Member) Commissioner Gary Eliopoulos (Alternate Member) DELRAY BEACH . o o Aq-Amerigt~ty 0 -1993 2001 CITY OF DELRAY BEACH ' x ~~ Oaf BOARD Please type or print the following information: a r' MEMBER APPLICATI ~ ~ ~ , ~~ ~-b - k ~~ ~.: 3 B /7 1 _ Last Name: ;~ ~D k/ Name ~ 2 E ~/ ~ ILL I_ ~- 2. Home Address: 9~ Q ~ EE" S ht!-} l>. ~ ~ ft ~ City ~ ~ G~e~ Y ~. State r'! - Zip Code 3 3 ~r ~S 3. Legal Residence: 5f~~'It City State Zip Code 4. Principal-Business Address: /~ City State Zip Code 5. Home Phone: X99-y~ 9 Business Phone: ~/ /~- E-Mail Address: z~~M~~~rxde/plrc•nc~ Cell Phoae: Fax: 6. Are you a registered voter? If so, where are you registered? ~ S ~~,G~ZAY 8~~4c 7. What Board(s) are you interested in serving? Please list in order of preEeeence: ~~ 8. List all City Boards on which you are currently serving or have previously served (Please include dates} E o~~v _ _ ~~ fey-rns o~ ,~=h /~dI-tRo Red<rd 7~3i os- 9. Educational qualifications: R~ ~URT~ ~~ v c if ~~ Cpl L~"G E' ~<3~J 10. List any related professional certifications and licenses which you hold: 11. Give pout present, or most recent employer, and position: ~~S11U ~~SS U G/~~~ ~ !~f}N ~ C7"Uf2.~~ TE/vn>!S ~ kF'SSES , ~klit/eo/ /°fl-t/'~ ~ ~ E~ 12. Describe experiences, skills of knowledge which qualify you to serve on this board: (Please attach a brief resume) f~k 1 ~t~7Z€sT'~t~ /.+/ ~El.P.itlc ~ ~~lNG ~~!-'r~dd0r'-1-BLS f G 7Z~ 77G=LIC~ /fM [~~rfTYU~C ~s dY 1 ,c.IG ' o Efa2~U . - f~~S /~C=fitl ~o°~=/vT /~6'iaJ~ / 6L(! ` Ell G /!//~ fl'C7<(/! 1~ 5 ~ ~ c! L~ G.~ ~o CntdT/IJU[: -On lFf/5 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts cont~aji~ne'd in this application may cause forfeiture upon my part of any appointrnenc,/t I inay receive. i' /' vG~~i;~G~/ ~ ~~c°ty-~ / ~l ~fJ lv SIGNATURE DATE Cc~) ~ A-it A ~~ote: This application will remain on file in the City Clerk's Office Eor 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~arrc~rxx~sownrnneruaT[orr u & 1 % ' to 5 «~F.it 15:15 F ~.1 5 ti 1= 4 ~ ~ ~ 7 ~ C I Tl %LER1t _ D[U2AY BEACH ~,~-Ames;caC"riy CITY OF DEL[~AY BEACH BOARD MEMBER ApP~,1GAT~0l~ ~~ ~ 993 2(ypl Please ~ or riat tihe follotvin~ mfounauon: Name ~-+ 1. Last Name. C~ ~ ~~~ ~ ~- ~ !N ~ s L City Home Addscss: Q ~ ~fl il~{' ~P~f 6t L ~°1 ~ Z ! `~ ~ city 3. L,eg.~.l Residcnee: - ~~ 4_ prlnapal ~usia~s address: City r~~~.l ~~~ i Cell phone: 5. Hoene Ph.~ac: Business Phoue: ff sv, where are you re~istr~ed C,_ .fie you a rz~istcrcd voter? ~~ ! (PGt c ~Qa 7_ W)•ial" 7ioa=d(s) azc you interested is sctving? Plc~se list iu order of pzeEerence: ~?~ i ~ _ . _ 1 . V•J•J~ if ~ ft?1 qu5 ~~ ~~~ t ~Q ~~~~$~ Qv~ ~ 9 ioo~ lvt L dip Codc s,1~« ~ zip cope StaLC: dip Codc ~~- 3 3 `~g~ >r;~.. ~ ~ ~/ 33a8Z3"3 lease j.nrluae oaew r 7ys>; ail Gity Bo3xds on ;which you are tly sc-~in~; or. h ve Przaiousi s~~ ~, t 9. Educ~iioa.-d < lei _ S . lo. List any =elated pzofessioaal ce~i cations M~ wtbQ F ~- i DP fSa~ 11. Give pour prescu~ or most recent °mPl°. C~ H~- N U J L G (~ A~ L G l~ ~ licenses which you hold and position- ~. A . 12 Descahe expesrences, skills or lcnoQ*ied{;z which q~-lpyou m srs~e on This boazd (Plea.~e attach a baaf resume) ~~ +na ~«P ~ ~CQ~ ~-5 ~~e I hc[et>y eestifY that :zll the above sratanmrs ate tzuc, az>.d I ~~ 3ad »ndcrstand that: any mi;sratemcnt: of nzatcdal Eactc ~~ ,i - - p li,.~cion mar e forLature uQon snY Part of aciy apFointtneat I mad}'"recei-~-~ ~O ~AT~ ~ •IGNATUIZE ` Tlote: This applia3tictta will ri-.~ ~~„ on file in tb.e City Clerl~s Offree for. a p~.taod of 2 yea_ra fson1 the date itzv3s stthiuittcd It.;,ill•be the appli.c~t's =csponsbilieg to ea,vse that a current appliead~~a ~m~~~,~Mrruc..noN THOMAS F. CARNEY, JR. , Boy-~4-~E3~-Bc.~anr; -~'~e~~&-~-~~~-v--- (561} 3{•,^~~~~Office) (561) 369-1175 (Fax) October 1979 to Present CARNEY LEGAL GROUP P A Attorney-at-Law concentrating in real estate; financial transactions; contracts; international transactions; and corporations; Certified Circuit-Civil Mediator December 1983 to Present CARNEY AND COMPANY INC Founder and Chairman of the Board. Activities include investment banking and holding company operations. Subsidiary companies include The Carney Group Inc. (investment banking, member N.A.S.D. and S.I.P.C.); March, 1991 to Present CARNEY-JONES INVESTMENT CORPORATION December, 1996 Co-Founder and Chairman Engaged in the acquisition and/or management of office buildings and multi-family residential properties. December, 1990 to ROANOKE-LYNCHBURG TELEVISION AC UISITION October, 1993 CORPORATION. Founder and President Owned and operated Channels 21 and 27 in Roanoke-Lynchburg, Virginia (Fox Television Affiliate). Company sold in Oct. 1993. December, 1990 to December, 1994 ECOLOGIC WASTE SERVICES INC Co-Founder and Vice-Chairman Company founded and was one-third owner of U.S. Tire Recycling Inc., the largest collector and disposer of scrap tires in the Mid-Atlantic states (headquartered near Charlotte, N.C.). Company sold in December, 1994. December, 1984 to EXPLOTACIONES PORTUARIAS S.A. TARRAGONA November, 1987 SPAIN. President. Owned and operated private maritime terminal and stevedoring company; developed new business/trade between the Port and other European and South American/Caribbean countries. June, 1981 to COMMITTEE ON WAYS AND MEANS, United States October, 1983 House of Representatives, Washington, D.C. Assistant Republican Counsel. October, 1979 to OFFICE OF CHIEF COUNSEL, Internal Revenue June, 1981 Service, Washington, DC. Attorney-Advisor, Legislation and Regulations Division. BANK DIRECTORSHIPS May, 1984 to July, CARNEY BANK. to June, 1992 Founder; Vice Chairman of the Board. December, 1988 COUNTY NATIONAL BANK OF SOUTH FLORIDA. to August, 1992 Director; Member Executive/Loan Committees. May, 1984 to GIBRALTAR SAVINGS AND LOAN ASSOCIATION March, 1987 Miami, Florida. PROFESSIONAL MEMBERSHIPS Florida Bar Association, Massachusetts Bar Association, United States Tax Court Bar, United States District Court (Southern District, Florida), and the United States Supreme Court. EDUCATION Legal Georgetown University Law Center, Washington, D.C., Master of Laws in Taxation (M.L.T.), 1984. Boston College Law School, Newton Centre, MA, J.D., 1979. Activities: Associate Editor, Boston College International and Comparative Law Review, 1978-1979; staff member, 1977-1978. Student Representative, Committee on Foreign Activities of U.S. Taxpayers, A.B.A. Section of Taxation, 1978-1979. Publication: "The 1976 French Finance Law: Its Effect on U.S. Citizens Residing in France with U.S. Source Passive Income," 2 B.C. Int'1 & Comp. L.J. 163 {1978) . Undergraduate Spring Hill College, Mobile, Alabama (Political Science), 1976. Ma na Cum Laude. University of Bristol, Bristol, England (Junior year abroad). B.S. OTHER ACTIVITIES DeleCrate to the United Nations, Permanent 1996 - present Observer Mission of the Sovereign Military Order of Malta to the United Nations 1995-present Delray Beach Housinct Authority PERSONAL Married, two children Date of Birth.: February 15, 1954 LANGUAGE French; some Spanish REFERENCES Furnished upon request. 2 DELRAY BEACH o ~ o I ~ ~ ~ CITY OF DELRAY BEACH ~~ ® BOARD MEMBER APPLICATIO~tC ~ f 2005 1993 2001 ~'... 1 x v ~..ir Please type or print the following information: 1. Last Name: [~ ~ ~~ v n Name ~ ~~ M. I~ 2. Home Address: ~~ ~~ ~ 3 ~- S~ City ~~ State ~L Zip Code 33' ~ 3. Legal Residence: Sit ~-, E City State Zip Code 4. Principal Business Address: ~~~ ~ ~rt~~~~ ~~ City a~ ~~ State ~ Zip Code ~~~ 5. Home Phone: Z'b~,'~7'f S Business Phone: 27b - c.s2 e E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? 1 If so, where are you registered? L 7. What Board(s) are you interested in serving? Please list in order of preference: 8. List all City oards on which you e currently sere' or have previous y served: (Please include dates 9. Educational qualifications: ' F~ ~ n, , ~~ 10. List any related professional certifications and licenses which you hold: 11. Givejour present, or most recent employer, and position: i i t' ~ t n 1 n ~ n 1~- e ~ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume} ~ ~ w l~ l ~ ~ ~ ,~-., `l ~ '~ ~ l t gave ~. ; 17~1r ~v{' SiJtr ~ ~'S. ~ n L c.t- ~i-' '~'~-e os`~" C. .~ wrrtl R•~!Q k,1~o S ~s~-,ess vw.,er s~ .1 ,. ,~i~d rrF ~I rA I hereby certify that all the above statements are true, and I agree and understand t any missta ement of material fa s con++~~ed//in thi(~applic(a~tion may cause forfeiture upon my part of any appointment I may receive. GNATURE 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. ~~ ~~,~ SICITYCLERK160ARD1APPIlCAlION MARK DENKLER 320 N.W. 9TH 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 2000 EDUCATION University of Texas at Austin, BBA -Finance lJtLlV~i IftAl.f1 s a o a~ o ~~ ~ CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: /~% .~~a,~~ 1. Last Name: ~~ •~/ ~ Name ~ •._r/cJ~ M- I- 2. H me Address: ~ v',,/ 7~ ~~ City ~ ~cr~,~ State %2- Zip Code 33 Y S - 3. Le Residence: City State Zip Code 4. Principal Business Address: a~T4~- ~~~~~- ~G ~ ~ City ~ Z~ r c ~~.~ State ~-~ Zip Code ~ ~ Y ~ 3 S. Home Phone: / 7 x Business Phone: l ~ y, ~o ~/~ E-Mail Address: ~%/~i~e S"~v ~ T~ Nei Cell Phone: S (~ /x171 ~ b S/ Fax: - 6. Are you a registered voter? If so, where axe you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: ~o%a ~' ~~ 8. Iist all City Boards on which you ate currently serving of have previously served: (Please include dates) 9. Educational qualifications: ~~-t~ a9 ~~~~ 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: GI~/ r?N G- " 12 Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) C~ ~ ~'-~-iL E'er- ~i-,~/~~~ S~/L/,C~'S ~~vc~ 2 /~.C / ~ ~~d/ .~/~'G~ ~ /'~S 1.2~ tv c ~~. ,.~~C~l-9-y- l~-LC- ~9~YG',~' r/~ G, r-7 I hereby cetti[y that all the above statements are true, and I agree and understand that any misstatement of material Eacts contained in this application map cause forfeiture upon my part of any appointor//ent I may receive. ~. SIC'=2 TURF DATE ~.. ate: "I'61s 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 easute- that a current application is on file. s~cClycLERiC~BOARDtAPPL[CA'[(ON May-16-D5 05:19pm From-WASHINGTON MUTUAL +5616898506 T-182 P-03/03 F-809 Ja-E J. PARKAS 7 37 Northwest 37th Avenue Delray Beach, Florida 33445 (561) 499-4;78 C®II: (561 } 271-7651 OB.lECTIVE :: eeking Management position with growth oriented organization where my skills and Experience can be utilizE:d. SUMMARY OF QUAD FICATIONS Professional offerinu exceptional managerial, organizational and motivational experience in finance industry Proficient in coordinai.ion and implamentaticm of rrwlti task responsibilities Excellent communic.3ltion and public relation skills with strong emphasis on customer satisfaction t'OSSOSS nlgh wOfK ein1C wllh versalilily alit Nclacveranca Experience in traininc, and motivating sales and service representatives Continuously exceed~~ goals ~~ Productive in effective; time management to ensure schedules are met ~• Effective team player and proven troubiesh~~oter EXPERIENCE 11100 -Present ',vASHINGTON MUTUP.L BANK, West Palm Beach.. Florida ~~sst, Vice President/~~inancial CenterMar~ager Hire, train and motivate staff of 15 to become effective bankers - Attained mortgage ar~d consumer loan grotidth of 125% to 175% ~- Develop and maintain positive business relationships and community contacts ~- Realized 100% goal ~3ttainment for the pass: four years 1 1192 - 1 1100 ,~MTRUST BANK, Boca Raton, Florida :oan Officer (3/97 - 11/00) - Processed loans fror~i origination to closincl - Produced $19 million in mortgages during ~~ne 12-month period - Underwrote and approved authority for equity loans up to $250.000 branch Manager (6/93 - 3/97) - Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) - Provided high customer service levels e~~phasizing problem resolution and staff development Loan Officer(11/92 - 6/93) - Solicited builders, developers and realtors to originate loans - Generated $15 million in mortgage from 1 ~~/92 to 6193 4185 - 10/92 CALIFORNIA FEDERAL SAVINGS 8~ LOAN Branch Manager - Created customer awareness by developing and implementing marketing programs and soliciting outside. business - Branch consistently :~chievedmmover 100"/° ct produci~en gcals GVVVAII~/17 v~`i~~~7wi i •~._v{.-_. v.....+v~~ ~.:,J-:v -.ncV.~ a- q.`t•~ -,_:q:-~ . Ra~hPlnr cif f3uainess Administration - DELRAY BFACH har~cac C CITY OF DELRAY BEACH ~~ BOARD MEMBER APPLICATION 1993 200y Please type or print the following information: ~~~~~~~~ OCT 1 1 2005 cirv c ERK / %~~ 1. Last Name: "~' ~rrc,~ Name ~SEP+~ M. I. 2. Home ddress: ~ Ci~~~ t~ to ,7i~' ; de 3. Le 1 esidence: ~~~ r(. ~ Ci ) r~ ~C~cl` State F Zip Code 33y 4. Principal Business Address: ~" o N . ~n City Ir ~~ State ~~, Zip Code 33y~1 5. Home Phone: ~ ~ - ~ Business Phone: 1 a1 E-Mail Address: Su ~+e ao~ Cell Phone: 51n1 ISa~o Fax: SCoI ~ (~- 7 6. Are you a registered voter? e ~ ~ If so, w re are o e ~ tered? `~~~~ What Board(s) are y ~ ter sted in serving? Please list in order of p c 0 1 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~r ~ r -~CSD Educa ~ al ~fications: 10. List any related professional certifications and licenses which you hold: 1 ive our ent, or most recent- mployer, and position: ! t 12. escribe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resum } ~, I hereby ce ~ t a th a statements are true, and I agree and understand that any misstatement of material facts contain m this plicatio ma cause forfeiture upon m any appointment I may receive. ~ 817 SIGNA DATE Note: 's app cation will remain on file in the City Clerk's Office for a period of 2 years from the date it was ub ted. It will be the applicant's responsibility to ensure that a current application is on file. S\CTTYCLERKIBOARDIAPPUCATION c~ ~~ ~n~ ~ ~ JOSEPH E. FERRER 1420 North Swinton Avenue Delray Beach, FL 33444 (561) 276-8085 OBJECTIVE Provide administration leadership for a commercial or nonprofit organization to strengthen community /public image and fiscal position, through priority planning, innovative marketing and the establishment of private /public sector relationships. -- QUALIFICATIONS &BXPERIENCE Thirty years of results-oriented experience, with expertise in the following areas: ** Administration Management Financial Analysis and Budgeting Business and Marketing -Plan Development Capital Project Supervision Personnel Hiring and Training ** SUNSET ENTERTAINMENT GROUP, INC. Delray Beach, Florida 1997 -Present President and Owner * Creative Management, Marketing and Production of the Performing Arts in South Florida, with concerts at Florida Atlantic University, Coral Springs City Centre, Royal Poinciana Playhouse, Delray Beach Tennis Center, Eissey Theater Kravis Center and Broward Performing Arts Center. Includes talent selection and programming, contract negotiations, advertising development, development- of all print and support materials, public relations and technical coordination for artist's riders. * Marketing Coordination, Advertising Development and Ticket distribution for the Boca Museum of Art -Renoir Exhibit, 1999. * Business Administration and Marketing for an alternative health clinic, New Port Richey, FL. The staff included 10 medical doctors and 15 health support staff. * Developed and produced the Marketing and Fundraising Manual for the Florida Main Street, a program of the Bureau of Historical Preservation, State of Florida. This manual was distributed to over 80 Main Street communities throughout the State. PALM BEACH POPS -Palm Beach, Florida FLORIDA SYMPHONIC POPS, INC. -Boca Raton, Florida 1992 - 1997 President and Chief Executive Officer * Overall business and fiscal administration of anon-profit cultural performing arts organization, including a 75-piece orchestra, 10 staff and 33 members volunteer Board of Directors. Refined playing standards of musicianship and participated in successful union negotiations. Supervised expansion, restructuring and adoption of new corporate by-laws. * Developed multi-year business plans to address goals of fiscal stability and revenue growth and negotiated and implemented finalized contracts for local and national talent within the guidelines established by regulatory agencies governing private, non-profit organizations. * Spearheaded master fund-raising structure for individual donations. Support groups, private foundation gifts, small business and corporate contributions. Wrote and presented grant requests for operational funding totaling over $750;000 annually. ZOOLOGICAL SOCIETY OF FLORIDA /MIAMI METROZOO Miarni, Florida 1982 - 1992 -Executive Vice President, Director of Developrnent * Managed staff of 63 and a 33-member volunteer board of directors. Ensured that the organization operated at peak productivity and conducted its financial affairs in accordance with standard business practices. * Fostered the society's expansion from a gross revenue base of $200,000 in 1982 to more than $ 6 million in 1992, via development of a master fundraising structure for individuals, foundations, corporations and endowments. * Supervised -more than $ 35 million in capital improvement projects at Metro Zoo, including bid negotiations for construction contracts, on-site management, and on-going maintenance programs. * Engineered membership expansion from 1,800 to more than 65,000, and established the Society as one of the region's premier non-profit organizations. BELCHER OIL COMPANY Miami, Florida 1980 - 1982 Director of Public Relations and Government Affairs * Developed and implemented multimillion-dollar annual budgets and marketing plans encompassing public relations, corporate communications and advertising. * Coordinated all media contacts,. operating from terminals covering geographic area ranging from Boston, Ma, to Corpus Christi, TX. * Acted as liaison between federal and state legislators regarding matters concerning the oil industry. Maintained a positive and productive working relationship with regulatory governing agencies. UNITED WAY Miami, FL; New York, NY; Washington, DC; Griffith, IN 1974 - 1980 Senior Campaign Manager for Fundraising /Agency Development and Budgeting * Developed multimillion-dollar campaigns in four major metropolitan areas, working closely with volunteer boards and civic leaders to implement ambitious employee and corporate fund-raising programs. MEMBERSHII'S State of Florida Cultural Affairs Review Committee Public Relations Society of America Florida Press Association Board of Director of the Mental Health Association Florida Chamber "Task Force on Crime" Miami Crime Commission Commission on Race and Religion /Methodist Church National Association of Fund Raisers American Association of Zoos and Aquariums EDUCATION Indiana University, 1974, MS -Public Affairs /Urban Planning Indiana University, 1972, BA -History REFERENCES Available upon request Bilingual -Spanish DELRAY BFACH as-cr~ '~EG~~~~'~ ~ ~ CITY OF DELRAY BEACH V P~ ~,; 2406 ® BOARD MEMBER APPLICATION ~~~ 1993 C~T~ ~~ 2001 p- Please type or print the following information: j~~ v/v 4 -- -- --- - -- -- 1. Last Name: pfd /~' Name ~~-f M. I. 2. Home Address: ~ ~~ ~~ City ~~~ Sta~G Zip Cod 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Ph e• Fax: 6. fDate of Birth C Q 7. Are you a registered voter? f so, where are you registered? 8. What Board(s) are you inte sled in servin ?Please list in order of preferenc Ct~ DE ~ Nt=oR-c ~M~?e~/7" ~ usi.~ +~ti'~ ~ _ ~%ct~21~ / List all Ciry Boards on which y u are curr y serving or have previously served: (Please include dates) 10. Educational qualifications: ~ Nti~ 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: /l~~D 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ L, ~ /~ ' , r" ~L. ~~~ I her erti that all the above statements are true, and I agree and understand that an 'ss ement of ma ial facts con ed ' 's application may cause forfeiture upon my part of any appointmen I may recei e. DATE ~~~/ CKis 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. ©ELRAY BFACH AN-liAlPxiCa~I~ty 1 ~ !~ 1993 2001 ~--. r a ~' t ;_ CITY OF DELRAY BEACH ~ ~~ ' `"± BOARD MEMBER APPLICATION ~~ ~ R~ ~~~~ ~, e~°~ ~a Please type or print the following information: 1. Last Name: ~~ / ~ ~ Name d ~ ~fG= M. I. 2. Home Address:n City State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: ~}~ U5 ~. ,~~.~ni ~~~ ~ v~_ City ~~~F~ ~~~ ~ ~ State ~~ Zip Code. 3.~ ~yS 5. Home Phone: Business Phone: E-Mail ddress: Cell Phone: Fax: 6. Are you a registered voter? ~~ If so, here are^you registered? ~OGC P14'~C //vc. l -L-'~1!'9~111t~.EL CATy~1lC 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) '.~= N..DS' O F" J~r'L~ JQI~ -~ J//Nc ~' p~ C C f>lf~i2 . 9. Educational qualifications: ' !GN Sc ' oo s. GR A.~i ~ - ~os ~ 'sP ~v.R%~' .~ %~ ~i~ S~ : ?iPl9 NS ~c~~G'i .D /q i 1~ N~ / S~. ~o 0 1 f~ . (y -~V ~~19 ~ ~S /~.~ >~/VG ~1~ l /3'/ANS"~~ ~ ~G>/DO ~ 10. List any related professional certifications and licenses which you hold: A, 11. Give your present, or most recent employer, and position: rye o ~/'o C T .~ L ~. G 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~' o~ /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 application may cause forfeiture upon my part of any appointme'n~t I may receive. SIGNATURE DA'1~ ' ~ - ~~ L~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CfI'YCLERK\BOARD4\PPLICA7iON 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. 01/18/07 T'Htf 1J:48 FAZ d81Y493774 CITY CIERK ~ooa 4u:"Yi RECEIVE ~ CfTY OF DEI,RAY 6EACH JAN 1 ~ 2001 ® BOARD MEMBER APPLICATIONCITY CLERK ~~; Please tvoe or orlnt the fvllomic~ informadon: ~/~v~ 1. I~t N , ` ~~ Namc ~~~,~ M I, 2 Home ~~ " Ge' ~ t,. u ~ r"l~C/ ~~ /1 ~ 3. Z.cgal Reaidat ..~ ~,M,.S2_ City State Zip Code 4. Pcind w ca ~ ~iP , 5. Home one; Bu eaa P one: ~ C Phonc: Pax: G. Date of iith ~ C 7. Are you a e~iereted voter? IE so, whew a=c yvu rcgtsterod? 1 h B. What Boacd(a) are you inter®aed in secyia-gl Please list in ocdac of ptefenrstre: _ 9. I3at a!1 City oa mh;ch you are eurtrtitly er have ptevioual ~ (Please include dates) . n ~ J~''~~ ~,i Fj~~ ~l~`"~ ~' to. ~~~quali9c~ticna~ ,.'GS~S ~+? 1,~?~ ~ ( ,( JC L_ 11. Iiec say relatrd ptflfessional c~Hcsdone and licutaes tyi~lch you hold: 12. Give your preae~c, or moat recent employcc, and poeidon: 13. Dcscribo ecpeeeaaa, skilLi or lmomlcdge .Phich qualify pon m ectve oa this boac+d: (Phase attach s bacf cravaie) I dos all the above stn d arc and I ~t'Oe anti undoes d chat say sus. cat o man eoal facts applicadon may sae [oefdture upon my patt of atiy appoic-emeat I y ~ D1i?F3 Note Tbis applieattaa Gill ramaia on 8]e in the City Ckck's Ofaor ft-r a period of 2 yt~tss ft+em the data itwas submiaed. It ovill be the appli®r-t's ecaponaib~ity eo ea8uxt that a cuttrat application is on fliE. 's S~ CITY OF DELRAY BEACH~r~~ `~ BOARD MEMBER APPLICATI( ~~ ~' 2Up6 1993 ® • £ <~'`'"a~~ 2001 ~ ; "~~ "' ~,; s~• - ~°' ~ ~ Please a or tint the followin information: 1. Last Name: ~, ~ Name ~ ~~ M I. ~ ~ 2. Home Address: City State Zip Code 3_ Legal Residence: _ ~ ~ City ru. ~ State ~ L-- Zip Code 33 ~ ~f S- 4. Ptitncipal Business Address: City State Zip Code S. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: G_ Are you a registered voter? If so, where are you registered? LIv i Z ~ 7. What Board(s) are you interested in serving? Please list in order of preference: ~d r 8_ List all City Boards on which you are currently serving or have previously served (Please include dates) _ rt!e r-~V c S !U 4}~t t~~ S ~. Educational qualifications: _ } ` c .it or ,, 7 Vr7j1~~- 10. List any related ofessional certifications and ~censes which you hold ~~ 11_ Give your present, or most recent employer, and position: ~~ , ~._.~ ~ C- ~ rz. Cxd 12. Describe exp 'ences, skills or knowledge which qualify you to serve on this board (Please attach a brief resume) c1? ~ ~ cJ r't ~' ~ ~ rP~Q ~ ~ - ` ~ ~ ' ~ lS ~ ns ~~~5 I hereby certify that all the abov tements are true, and I agree and understand that any misstatement of material facts contained in this cation may cause forfeiture upon my part of any appointment I may receive. _...._ _..__ .. DATE ~ ~ O ~ SIGNA u Zote: This application will remain on file in the Citp 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 cu~ent application is on file. suarrGt~x~eo~xrnnerucwTtox DELRAY BEACH ~'r ~~/ O . A Ap-~InletiCaCity ~ ry- ~` ~- ~~` ~ ~ ': CITY OF DELRAY BEACH ~ ~`• ~'° ` ~ ~- BOARD MEMBER APPLICATI1 ~ ~ ~~~~ _ ~ ~ . ~~ 7 993 ~ ~L z~~ "..~ ~_ ` e 2001 i 1GA3G l G VL ... av.a.+ ~.---~---------- 1 _ Last Name: ~ Name ~ M I. 2. Home Address: ~ L .~~f ~' ~ ~ ~ C~ d D 3. Legal Residence: ~~ City ~ 8 } City Staff ~ ~" State Zip~ode Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: ~ ~d~ ess ~ ` ~. ~ ~D Cell Phone: Fax: 6. Are you a registered voter? l ~ If so,'Z' ~ are p~xe~g~st~eredj c-~~ b --• 7. What Boatd(s) are you interested in serving? P ease in order of pref ence: G D S ~- ~ C- - ~ ~~ ~~ Pin ~~ ~ ~sP ~ ~ ~ o~ 8. List all City Boards on which you are currently serving of have prev-t~-ou~sly served (Please include dates) S ~~ 9. Educational qualifications: a ~ ~ ~ ~ ~ s t ~ ~ ~--v 10. List any related professional certifications and licenses which you hold: ~ ~ ~~ • ~~ ~D ~~~ ~~ e~ ~Pa~ S~l~ 11_ Give your present, or most recent employer, and position: " 12 Describe experiences, skills of knowledge which ualify you to serve on this board 1 e a ch a brie esume) I hereby c ~ e a o statements are true, and I agree and understand that any misstatement of material facts contain >n this appli n cause forfeiture upon my part of any appointment I may receive. -mil ~ SilTNATf DATE Note: This application will remain on file in the° City Clerk's Office fox a period of 2 years from the date it was submitted. It will be the applicants responsibility to ensure that a current application is on file. ~~ - S~C11Y(Z,PRK160ARDMYPL[CAT[ON - JAMES HOUCK -RESUME OBJECTIVE & PROFESSIONAL HISTORY Page 1 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 others), Construction (3 years), Corporate Business (10 years -Management, Sales, Marketing and Training), Property Management (18 years -Portfolio & On-Site Experience) and Real Estate Licensed (21 years -Commercial & Residential Leasing, Sales, Marketing) will be of value to your company. PROFESSIONAL HISTORY 1992 - 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida) Property 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 units. -- Responsible for preparing, implementing and overseeing the annual budget expenses of over $4,000,000 collectively. -- Professionally managed the contracts of accountants, architects, attorneys, carpenters, electricians, elevators, engineers, general contractors, horticulturists, insurance companies, irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other contractors, vendors and agencies. -- Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 4 asphalt roadway overlay & 9 sealcoate projects, 8 painting and 5 sloped roof replacement projects. -- Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need to personally have to the calculations. -- Work with various city and county agencies on building and landscape projects. 1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida) Property 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 sealcoate projects, 5 painting projects, 3 slopped and 2 flat roof replacement projects. JAMES HOUCK Resume -Page 2 of 3 1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida) On Site -Property Manager & Leasing Director -- Directed all on-site property management, sales and leasing efforts fora 40 bay 95,000 square foot Office/Warehouse 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 $4,000,000 in retail and office leases and land and building sales. -- Created and utilized computer generated databases to work with buyers and tenants and also investment programs to analyze building and land sale opportunities. 1984 - 1985 FRED SANDS REALTORS (Los Angeles, California) Real Estate 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 institutional cabinet manufacturing company. Western Regional Sales Manager/Multi-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 Manager/Multi-Housing Division (Based - Ft. Lauderdale, FL.) -- Effectively managed 17 independent dealerships throughout 8 key eastern states. National Operations Manager/institutional Division -- Supervised all corporate accounts and dealer services. Corporate Sales Engineer/Draftsman/Estimator .JAMES HOUCiK (Licenses, Designations, Memberships, Board 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 OF CALIFORNIA -Los Angeles, California -- 9 Commercial Real Estate Classes (Property Management, Marketing, Finance and Appraisal) 1976-1977 UNIVERSITY OF WISCONSIN -Madison, Wisconsin -- 8 Business Management Classes 1971-1974 UNIVERSITY OFARIZONA -Tucson, Arizona -- Bachelor of Architecture De ee 1969-1971 SOUTHERN ILLINOIS UNIVERSITY -Carbondale, Illinois -- Associate of Architecture De ree JAMES HOUCK 3763 S. Lancewood Place Delray Beach, Florida 33445 561-865-2636 jdhouck5 l @bellsouth.net STRENGTHS & SKILLS Page 1 of 2 As a highly organized and self motivated professional with interrelated experience the following are a few strengths and skills I can offer: PROPERTY MANAGEMENT -- Create an extensive "Management Plan" to reflect the goals of the property and their owner's. -- Able to fulfill the manager's obligations under the property's management agreement. -- Able to manage a broad portfolio of properties and maximize their property values. -- Ability to quickly learn the roles and functions of all positions within a new property. -- Test economic alternatives to increase value and make recommendations. -- .Understand financial statements and accounting principals. -- Knowledge of available insurance coverage to protect owner's assets. -- Proficient in creating operating and capital reserve budgets and effectively manage their expenses. -- Understand and work with lease/sale analysis and investment software. -- Prepare an "Operations Report" if required. -- Examine problems and create viable solutions. -- Develop short and long term market analysis and economic plans. -- Orient new residents/tenants and promote positive relations. -- Enforce collection and foreclosure procedures. -- Constantly analyze properties physical and fiscal concerns. -- Understand legal issues as they relate to tenants and owners. -- Oversee operations, lease administration and construction management. -- Manage budget costs to maximize profitability. -- Monitor the construction of tenant improvement build-outs as required under lease term. -- Understand and meet goals of a property. -- Understand staffmg and employee relations to create a top notch team. -- Maintain expense controls and increase Net Operating Income. -- Able to properly oversee the selection of contractors and other vendors. -- Strong ability to administer contracts and create tenant relationships. -- Proven record of excellent internal and external customer service. -- Provide direction and leadership to various in-house and out-sourced personnel. -- Inspect and evaluate all building equipment, systems and grounds to insure that the appearance and operations of the property meet established standards. -- Develop emergency procedures and preventative maintenance programs. -- Develop operating and capital budgets and track variances monthly. -- Manage approved capital expenditures. -- Negotiate and approve leases and contractual obligations related to the continuing operation of the property. James Houck 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 working with computer programs (Word, Excel, Access & others). -- Strong organizational, management, administrative, communication and leadership skills. -- Mature, responsible and businesslike in demeanor. -- Positive proactive work ethic. -- Flexible and able to multitask effectively. -- Professional in approach and appearance. -- Work effectively in a cohesive team environment. -- Willing to put in the hours it takes when needed. -- Willing to travel when needed. DELRAY BEACH r a o t ~ o w 1 i-an~;~c- 1993 2001 CITY OF DELRAY BEACH~-~~~~ BOARD MEMBER APPLICATIO'1~ 1 ~ 2007 Please type or print the following information: .~iy-~ 1. Last Name: ~ ~ Name oNr~w~ M. I. 2. Home Address: r/r(o '~ T- City tL(Liiv p~i4CC„{~ State ~1~- Zip Code 3~fY'/ 3. Legal Residence: S-tut City State Zip Code 4. Principal Business Address: 399 ~1. ~~r:wt~rro fk R~ , S'r-~ ao~ City ~Ut~N ~e~N State fit- Zip Code 33~3~ 5. Home Phone: (sv~) ~t~-sgy9 Business Phone: (sl~~}9aa-~y~ E-Mail Address: ~~c~~~~o~@+.~>1e~n. Cell Phone: Fax: ~~)ao~-~~r 6. Date of Birth Ic ~,~ 9 ~ f9~o 7. Are you a registered voter? If so, where axe you registered? Y~ s 1 ~~9~€L x~I. '-ri~cPtc, PAt-N15 8. What Board(s) are you interested in serving? Please list in order of preference: ~~ ~ Z i~-~-~, n~~, ~~ ~ 9. List all Citv Boards on which you are currently serving or have previously served: (Please include dates) ~~ z i3o~~ ~ adr,~f - ~~ato 10. Educational qualifications: ~. d , '1~oL tTt o~-i Su ~1v t ~ `' ~l S !'v~1~1~+4-1"~ 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) €S~WI~ tJN jl L-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. --- ~.~ SriN~i~~ SIGNATURE DATE Note: This application will remain on file in the City Clerk'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. Jo~~v~ ~NCAmE 28 W. Flagler Street, t I Floor, Miami, FloridA 33130 PHONE: (3U5) 371-9661 -FAX: (305) 374-4058 )a-MAIL: jlci~xcaide[rd~kfirm.com PROI'ESSTON,1I, EtPERiE.NCE 2603 to Present LOCKS & KINCAIDE, LLP Miattu, Florida Prar"trrer Specializing iii eniplo}nncnt law, contract disputes And general cotporatelad~ninistrative law. 1.99$ to 2003 AICERA'Ir1N, Sl/NTERFITT & Tt,IDSON, P.A. Miami, Florida Associate C.nr~nrate De~~r•trnent Negotiated And sttuctut~d mergers and acquiyitioras of business entities; advised clients nn general. corporate law, etnploytneItt ruatteis, applicable regulatory and administrative guidelutes; drafted gerreral corporate documents, acquisition agreements and related documents; drafted cottuztercial dacuurents. Fall 1497 FT. LAUDERDALE OTFICTL OF THE CITE.' PROSECUTOR Ft. Lauderd9le, Florida Lliw Clerk Researched appellate, evideiztiary and constitutional issues; drafted legfll memoranda, assisted City Prosecutor in trial preparations. Summer 1.997 FOURTH DISTRICT COURT OF APPEAL West Palrn. Beach, Florida StrnRtrer IrrtEr-n for-Jt.Ftt!ge. T~Tj Afcltthe~-v Steverrson Reviewed Appellate briefs; rese©rched and drafted legal memoranda, drafted legal ol~irrion.. EDLiC 3.TION Uni.ve~'sity of Niinnai. School. of Law, Coral C'*ahles, Florida J.D., May 1998 1998 Outstanding Yotutg Men of America 1998 Litigation Skills 1-Ionors AwArd Florida Minority Pa~ticipati.ort iai Legal Education. Scholar '[Iniversity ofMisnii Scholar Phi lle1tR Phi Legal Honor l:ratemity President, Cluistiati Legal Society Florida Atlantic University, Boca Raton, Flotid:t B.A. irr Political. Science, Jw~e 1.995 Pi Sigma Alphs, National Political Scienca Honorary IIAR ADMISSION Flurida Bar, Octuber 1998 CLIENTS REPRESENTED The RickenbACker Collections Clroup, A.utoNatiort, Inc., Republic Services, inc., Kellstrom lndustrios, Medical Ivlanager Corporation PRUFESSIUNAL ASSOCIATIONS ArnenCAll Pal" A980CIIILrOrr, Natrorral. Bar /A9$gClIItlpr} Page 1 of 1 print • combine multiple documents • return Link to Board Certified Attorneys Florida Bar Attorney Profile Attorney Number:__ 155802 Member in Good Standing Johnny Kincaide Jr. Johnny Kincaide, P A 28 W Flagler St FI 11 Miami Florida 33130-1896 Phone: 3051374-6518 Fax: 3051373-5613 E-Mail: County: Dade circuit: 11 Admitted: 1 011 611 998 Board Certification: sections: Young Lawyers Division Link to the Lawyer Referral Service http://www. flabar.org/tfb/webadmin.nsf/PrintOrEmailF?OpenForm&Action=POE&I1RL=... 3/ 16/2004 DELRAY BEACH ~ CITY OF DELRAY BEACH R~~~~~~~ ~ BOARD MEMBER APPLICATIO~WN 7 5 2007 iooi vITY ~LERKq Please tune or print the followinn information: ~~~~~v / 1. Last Name: ~ i ~ Ul. ~-~.(-6- - t~ n Name ~ M. I. ~- 2. me Address: CS J t,J t /~~-~/t Sta Zi ~ o~ 3. Legal Residence: ~G--YV~-~...^ City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: `~ I ~- ~ ~ -~ s-v\ Business Phone: °~'-~' E-Mail Address: '~t~-~~ ~ ,rte ~ Cell Phone: Sao ~ - . c~ ~-r ~ Fax: ~- 2-~3 q ~~ 6. Date of firth b ~ ~-~ (~(~ ~ 7. Are you a registere voter? f so, where are you registered? ~ ~~ ~~ l O~a~ 8. What Board(s) are you inter red in serving? Please list in order of preference: ~ ~-~ ~ u.,~j 1 c~ /-~r~ ~v C3 S ~ « ~~crcrv~ -- ~( 1`'e ~~ mil, ~. 1. List all City Boards on which you are currently serving or have previously served: (Please include dates Y l~_.. 10. Educational qualific~ions: G. cam.-t.Q ~ ~(~ ,~.:~. - ~- W-~ ~ C x-+' 11 List any related professional certifications and licenses whi h you hold: ~~cea.,.~ e. ~-- - ~Q-Q-~t, ' ~2, ~ ~-~' mac. ~..: 1 Give your present, or most recent employer, and position: p ~ ~ ` 1' ' , ,, t ~, L ru-- Gc~ -2.f~~Q G-~S~-o%~ pr~Sccc->/v~" ~ V/~1~- ~~/~/SS r ~U~J'' /~ ,µ ~, ^ ,,, _ n c e ~ ~ ~ ~Z/l.aS r ~(( fnk /"~ ~~~ C'^-~ t S~ Ui.C~. W ~'~-`cJ~'~. , IL-~ "~iK ~ ~'~` J'~ 13. Describe experiences, skills or knowledge which qualify ou to serve on this board: (Please attach a brief res e) ~ ~~ G-. £ ~e ~ C~ ~~ S ~ ~ e U ~.rCr,~ s f o~Y,IJflX. ~t.~-~t t~ ~-~-~ c~ ~-A.as~-~- ~ ~~ c,~ ~- v~-Q~ ; ~ ~~r~ C~.y s a I hereby c that all the above statements are tme, and agree and understand that any misstatement of material facts ' ed in this application may cause forfeiture upon my part of any appo~ t I may receive. d~~ I ~6~' TURE ~` l Clef 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. DELRAY BEACH All-AmericaCiiy ~ ~ :~; 7 ~~~:; 2007 CITY OF DELRAY BEACH BOARD MEMBER APPLICATI~~iGE1VED Please type or print the following information: NOV ?_ 8 2006 ... -rv !"` 1 F R~ 1. Last Narne:c Name ^ M.1. ,~j 2. Home Address: 3~a ~bw~r~~~~~-~ Ci ~c-I~ I ~c1, State Zip Code 335 S 3. Legal Residence: ~~-~iE City State Zip Code 4. Principal Business Address: ~~t•-~ ~. City State Zip Code 5. Home Phone: ~l y'gS -~~l ~~ Business Phone: S(rt - y-y \ ~~~3 E-Mail Address: r~ fate L4 ~Nwn ah~ ~ Cell Phone: 5~1 y-~(I ~ ~ Fax: sc ( ~S~ s6 ~ 6. Date of Birth .~ ~~ -~~3 7. Are you a registered voter. If so, where are you registered? cs ~,~tW, ~~~~h ~o~~. 8. What Boards} are yorrl~rested in serving? Please list in rder of preferenc ,~d~~w~,~~nc~ ~e-r~~~elo 'r. f ~ Pc~C v ~- tS•~ ~ ~ ~/~S ~r 9. Li all N Boards on which you are currently serving or have previously served: (Please include dates) 1 uca ' ~fications: oI9"t ~ CGS l C. e Y, r ~ ~~ ~~ ~ 0 ~ ~~ vr~ ~ r i ,n 11. List any related professional certifications and licenses which you hold: Node, 12. Give your pres nt, or most recent mployer, and s' on: ~ i Si v - r/~ ~ l ~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this applic 'on map cause forfeiture upon my part of any appointment I map receive. Sl ATURE'/ ~/t?~'~J-' DATE /-~/'C~~ lb~'lYG 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. Gregory A. LaManna 3821 Lowson Blvd. Delray Beach, FL 33445 gregorylamanna@yahoo. com Cell: (561) 441-0483 Home: (561) 495-9123 Objective To contribute knowledge and expertise to help the residents of Delray Beach as a member of an Advisory Board. Education and Qualifications 2001 - 2005 The Florida State University Tallahassee, Florida Bachelor of Science in Political Science and Philosophy Major GPA: 3.6 Honors: Dean's List and Phi Gamma Delta Scholarship Recipient Work Experience District Aide Florida House of Representatives (District 89) October 2006 -Present • Work with constituents to help resolve issues • Attend all events with the member and in the member's absence • Assist in forming legislation by performing research and working with community leaders. Campaign Manager Len Turesky for State House District 90 June 2005 -September 2006 • Coordinates campaign's day-today operations • Provide council to the candidate • Oversees material released to the public • Attends political and community functions with the candidate Leadership Experience • CEO/President of Veritas Campaign Management and Consulting • Together Against Gangs Board Member • Juvenile Justice Board Member for the 15a' circuit • Guardian Ad Litem for the 15a' circuit • New Member of the Delray Beach Chamber of Commerce • Phi Gamma Delta Fraternity VJ' ~.i/VJ llL' 111L iM ,O1 i4J JI f4 I_1jY t•l..t.lCA DB.RAY BFACH e CITY OF DELRAY BEACH BOARD hAEMBER APPLICATION 1993 ZOO'1 Plcise type or F 1: Last Name: ~~ [~ s p ~ Name ~ ~ r ~ 2 Ho ~~: ~ t 5o ci~~~~~ac~v 1010 0 ~~E 3_ I.egRlltcsidencc~ ~ Citp /VKi 4_ Panapal T3usincRa Addce~3: City ~.rn e S~L State IQ 007 ~~~ ~ ~~ ti~ , t __ . SAY ~ ~( ?~~~ ;~~ ~ ~ Zip Code ~ 3~~ Zip Cocle Srare ~ 7ip Cock ome Yhone- u ess Phot-~UMail Add=ess_ Cell Phone: ~~~~6 5-3 tib~f 567 ~.- ~ ~D6 ~~aso~rl/to~,~ . ~~Q1d'p3,~~f G. Ate yrni a re~stercd vocec? Ye 5 Yf sa, mher.P ~ ~~ ~. 7_ WtLZC go d a) ate you iont¢c~ced is secvil>g Pleases ltat in order of pr,~terence f no-.~~/sxc~9~ ~'r'~1~~'i 00 -dour-~}P~ Co~- ~. Iisc all Ciry Boards on which you =~.7a~ '~ t`~.~3 • Go i'~P~9~P b~lC1'60'O ~ ~~ ~ ~~~7iow Cll1+%~7• ror ,~ou,aloWn - eutitfldp sc.rving or have Qcegiously srsved (Please indude da(es~ ~• ti cPtaliricztio ~"~ ~~~aP sr ~~,~ r taxed pzofessianal ~ef~l~. /,•ce~c,e il_ Givr out present, or rno recent v ,. h, o_. ~ _ _ ., ~ moo,,.. 12 D~~be esperiex-crs, s~cyµs at eioae and licenses which you ~vhi~h qualtfp ou co serve ou this t b reS a,,~'~ 8~ re S ~bucf resume) C I hexeby certify t},at all the above s Vaicments aze truce and F stet and undessnnd eltac aay nuastateaicnt of maLtazi Farce contained in tY-is applia.aoa may cause forEcin>tc opoa mY parr n E anp appointment 7 ma rcca+~e_ ~~ ~ ,r a 3 ~..c~ SIGNA - ~~ Note: Phis zpplic~tion will „-.,,a;n on file m the: City Qc~s O$iec fot z period of 2 yeazs from the d~.tc it vas ~ - subulit2>Gd. It will. he t>ae ,,pplica.nt_'s =esponsibiliep to eusore that a cuamt applicstiou 1s on file. am~rer eaareo,.a~+rececutox the follourit~ iafoaaation: ~eor~e u~o ones 7ADE DO BC~X Telephone (S6/J?65-3?8-/ Mazch 5, '_'0 City Of Delra}- Beach City Clerk's Office lUU NW 1" Avenue Delray Lieach., Fi; 33~-I~ Dear Sir/Madame: /~l~ Te/efax (56/)?65-3284 Attached please find a completed Board Ivleinber Application. It .is my intention and desire to sei~~e on the Commtuiity Redevelopment Association {CRA) roard. As agent for Juan Rodriguez aiad representing lung •;pith regard to his property locatad on West Atlantic A~~enue, I ha.•e been an active member of the conunututy for the past eleven years. Tlu~ough this involvement, a.4 you k11ow, I have served on vazious boards and committees, and have enjoyed wiitles~ulg and being a part of the successful redevelopment of Atlantic Avenue. With that said, I feel that there is more. work to be done i:ti this redevelopment, through any involvement and the friendships ihave made, I have :developed a passion for the A~•enue and .its people. T believe that my professional experience, as described on my resume, along wifl~ my conuntuuty involvement in Delray, uniquely qualify me ro Serve a; a hoard member of the CRA. I am confident that together we can complete the viaioc~ of Atlantic revenue. Cordiali~•, r Geor a Maso Jones PhD 6OCA RA TON, FL 3~~3 / f-mail- CieorgeMaso~a webtv_net - -•-- YU3 RESUME GEORGE MA50, JONES: EDUCATION: Undtrgraduate Regret in Law University of Uruguay Ph,D in Social Science University of Uruguay Post Doctoral Studit: it the atlas of Business Administration, International Banking, foreign Relations, Communications, MarIitting, Medta, Publicity, and Sal« Promotion. ,t. I'ROFE59IONAL APFYLIA'I70NS: •~ Forelgxt Press Ctnter of New York, Member International Press Association, T'resident•~973-75 Lions Club International Association,'Board of Directors Charttr President of Unittd NaHoru Lions Club-t477 Lade American Federation of Public Relations, Member of Board University.pf Illinois, Chicago, Alinois•Department of Criminal Justice Guist Lecturer. Florida Atlantic University, Boca Raton, Florida-International Trade Specialist, Counselor ., LANGUAGB FLUfiNCY: 8ngli6h, Prtnch, Italian, Fortuguest, Spanish PROFBSSIONAL Exi''ERiENC& As eonauItant, advisor, tvaluator, ntgotiator, and in,palementor with •xttnsive astd divQrsif3ed txperitnct in both public and private sector, in the Middle East, Fsr East, Europt, North America, and Latin America tvith, for and or behalf of clitnta involvtd in international business ventures. Raufie/Ceorse Mato Jo1c~ : pa 2 1, Areas of txperitnce and txpertise are well grounded and idea;ified ir. international finance, banking, international bartering, in~erna!ional trade, commerce, developer of industrial proj'ectS and commQrcial contracts. Troublt shooter for govtrnmtnts and independent business in important =attsitiva and dQlicat! areas . ' , . PROFESSIONAL INTERNATIONAL INVOLyEMENT: Assisted in putting togQthtr L1TttJPA80L group between Uruguay, Paraguay and Bolivia.. Collaborated and developed original scheme anal impleme:~ted . ~ sarr-! rQpresenting the government of Uruguay. . Personal advisor to Bolivian President 8arritntos. Arranged financing and supplied 5080 tractors to government of Bolivia by Titan Tractor.Corpora;ion, New York. Coordinated •nd irnplernenttd a project of housing and apartment complexes for the Municipality of Montevideo, Urugvny. Over a period of Fve years, atop than 80,000 persons Wert able to .upgrade their housing standArds and ~ersonal living conditions. This project was a point effort between Inter Amtricar- Development Bank and the City of Montevideo, ' • Repratntativt of Uruguay to UNESCO Paris, Fiance. Conducted aeminnrs in Jotirttaliaa~t, tnasa communication uid media strategics. `' v Represtntatlvt of EXPO 70 Osaka, span. Ltd private and official sectors. • publisher of Newspaper BXTRi~ for "Ediciones Orientales Cooperativa Plriodist;ea" Montevideo, Uruguay. • Special advisor to Dr. Jose Mora Otero, Minister of Foreign Affairs, Uruguay. ~ ~ Unittd Nations, NYC • Information and press ad~•isor to government of ~ Uruguay. Special Advisor to AmbaS~ador of Uruguay to the United :~'ations. • ~ ~ ~ '• - Rc~umei CMrg~ At~fe jotoi•pg 3 ~ • Special appointed rtgotiator for barter of Uruguay sheep,~mutton for K~.ttivait trUda oil. Concluded and implemQnted ttivo contracts in 197$ and 19; ~. I~'egotiated jo{nt Vtnture for production o'~ anti-pollution chemicals bet~,•een Grant Chemical Corporatfon, New Jersty_ahd Brazil (Petrobras). Negotiated dtsatinitation plant contracts betwetn 8razllian Go~~ernment and Royal Comtr-ission (Jubiil) Kingdom of Saudi Arabia. Plant completed and on streas~n In June 1981. Central figure in developing 10,000 unit apartment house project for the • Mu~ldpality of Guayaquil, Ecuador (8an~o de~la Vivienda).~ . Special assignment with 1TEL Corporattor-, San Fr:ncisco, California in eor~ur+ction with Mexican ~Covtrnmertt (CON.ASUAO) to locate and retrieve 264 railroad box Ctrs which htd:been missing fot tw,o )•enrs in Mexico. . Special consultant to President Roldo~s of.8cutdo: to arrange barter betw•test fieuador and India, ~, arrange for seafood products of Mitsui Corporation, Osaka, Japan by Trans-o- Fiah Company, Iv'YC for comprehensive U,S. distribution • Arranged financing for AMESA, Uruguay, for its sugar refinery. .(USd 27 a~lllion, totr-plQtQd ~in three phases). Also A;~SESA, Uruguay ha~•e arranged USD 12 million Ioan with aPIC, Washington, .DC guarantee: This transaction `~ y was completed within first quarter of 1986. ~ Intertec S.A., special consultant to Brazil, Argentina and Uruguay in irttlnationtl finance, banking, free trade zor+t:, for the new common market. ., .. .. Specaa! advisor to the Czech Republic !n the areas of Internatlonai Banking, . Ir-ttrr-itioral Trade, and Internatlonttl Relations with Latin America. DELRAY BEACH l O 4 ~~1Q~~ ~ r. 0 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~,~~o~ RECEIVED JUN ~ 6 2005 Please type or print the following information. 1. Last Name: r~L N~~o~~~~ Y CL 2 H e Addy s: Ci State 3. Legal Residence: City State Zip ode 4. Principal Business Address: 07,; 1 .S C-/tGrlC r ,~jL v~ -~ City ~L~~ yr ~~~tG `~D~i D~4 --=3~•~ fate ~ Zip Code 33yy 5. Home Phone: .Business Phon . ~! 3 _8y 2 E-Mail Address: ~rcN~G~ M~. ~• ~. Cell Phone: Fax: ,~~l- y3y ~1~~ 6. Are you a registered v to ? If so, where axe yo re ~ to ed? _~- 7. What o d(s are ou interested in serving? Please list in order of preference: 8_ List al~ ity Boards ~ ~ loch you are currend~erving~ ~ave previously erved (Please include dates) -, s ~~ G ff ~/~ ~,L 9. 1 u' tio~ ~alifi~ bons: ~ ` G G ~G ~ t0. List any relat profess oral certifications and 'ce es w chyou hold: sT rG' ~ L ODD l ~e ~ ~ G G-r~-i iFiG ~! i ivrC~ 11. G~ e yo present, or most recent employer, and position: p ~I ~ iQ-~ ~ ~ ~ - ~ RE3C~t/T -12 Describe experiences, skills or knowledge ~ch qualify you to serve on this board: (Please attach a brief resume) c ~r-/fc c0 ~st> - R I hereby certify that e a ove statements are true, and I agree and understand that any misstatement of material facts contained in this a licatio may cause forfeiture upon my part of any appointment I uiay receive. D~_Olo-Os~ SIGNA DATE K _.,~tz: This application will remain on file in the Cite 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. ~y~O~pUpeLfCAiiON Leonard B. Mitchell Prc~essior~al F.xyerience: July 1997- Preset Palm Beach County School District, WPB, FL School District Police Department Police Captain/ Assistant Chief Internal Affairs Bureau; Fingerprint and Identification Bureau; responsible for budgeting for 172 sworn police personnel; directly supervising 4 zone lieutenants and 100 sworn officers; imple- menting departmental/district policy and pro- cedures. Aug 1989- July 1997 Palm Beach County School District, WPB, FL District Supervisor Primarily responsible for the protection and safety of school personnel, property and students. Estab- lished and maintained partnerships with appropriate community police agencies. Supervised I S school resource officers. Aug. 1983- Aug. 1989 Atlantic Community High School, Delray Bch. FL School Resource Officer Primarily responsible for the protection and safety of schoot personnel ,property and students. Developed security plans for all school activities. Enforced all applicable Florida State Criminal Statutes. Developed and implemented student Drug prevention programs. 1982 Tallahassee Police Department, Tallahassee, FL Routine Patrol Officer Safeguard the lives and property of the citizens of The City of Tallahassee, FL. Enforced all applicable Florida State Statutes. Leonard B. Mitchell Militar;v Ex~erierrce: United States Army Commissioned Officer, 1977 - 1980 Defended the country against enemy forces foreign and domestic. Earned commission as a Second Lieutenant, August 1976. Graduated from U. S. Army Officer Basic Course, Ft. Benjamin Harrison (Ind.) March, 1977. United States Army Infantry School-Ft. Benning,Ga Deputy Chief of Personnel Management; 1977-1978 Assigned all incoming officer personnel, managed school's travel budget, developed and implemented workable Race Relations program and Interpersonal Skills program. Personnel Officer/ Admin Officer, 1979-1980 Responsible for 5 departments that consisted of 335 millitary personnel. Assigned all incoming officers and enlisted personnel. Developed the department's Race Relations program. Imple- mented the TRADOC Management Information System. Education: Florida A & M University, Tallahassee, FL Bachelor of Science, Political Science/Pub Mgmt 1976 Troy State University, Troy, AL Master of Science, Criminal Justice(20 hrs) Leonard B. Mitchell Technical Education: Lively Law Enforcement Academy-Juvenile Prosecution - 30 hrs L1F Law School- Pub Admin. - 24 hrs. Ofc. Of Atty General -Police Supervision- 40 hrs.(Managing Crisis Situations, ICAP Policing in a Cultural Diverse Environment, Noble Training Conference) Palm Beach County Sheriff's Ofc - Verbal Judo - 40 hrs. Southern Police Institute Graduate - CODC- 35 Leadership Palm Beach County, 2000 Conmrunity Sen~ice: 2002- Present City Education Board- City of Delray Beach 1996 - 1997 Chairman, West Atlantic Redevelopment Coalition (volunteer position) 1989 - 1997 Vice Chair, Delray Beach Community Re- development Agency (CRA) (volunteer position) 1986 - 1989 Member, Delray Beach Human Relations Board (volunteer position) Re_fere»ce.s: 1). Chief James P. Kelly PB County School District Police Dept. 3300 Forest Hill Blvd. West Palm Beach, FL 33406 (561)434-8435 2). Dr_ Kathy Wiegel, Principal Atlantic Community High School 2501 Seacrest Blvd. Delray Beach, FL 33444 3). Mr. Gerald A. Williams, Esq. Chief Officer of Admin. 3340 Forest Hill Blvd. West Palm Beach, FL 33406 _. - - _ --• -"?,-;o v. -;•t1,-.L~::r! t.~d a~i. ::_~'+ aT7a cITI CLERIC Ol1ltJ1Y B~VCtt CITY 4F DELttAY B'~AGH ~, ~0~11~D MEMQER APPLICATION ]~93 ~(~U] Ylexse~t or >nnt c).,.e fullcnvin~ ?nfut~tiou 1. I~ut Nance-- ~ ...~.----- C~~ 2. Hocnc Add,~~. -~----'-- --', 3. r.t~ R.esidc-acc ---~._.__._~_ ,__ ~r Cicp MrG v a. Ptinci al~ ustncab d~~e,s: ~: - Ci~};- M'm• ~~ f a n ~4 ~~ 3 ~~ 54 t1[~ Srar••= ~~ i~~~~~~rf s/av'~ ~ ~~ ~ `~ 2005 ~'~ L ... Li (,;~iijr-- I S[DCr ~ ~ ~ Gt>de i - - - - , ~ a~ ~!3~~_.----_ 4 ~'' ~ ~i 3 X83 f .,. FSome Phonc: •$~isioc3s hour- . 1?-M:lilAddresa: 4.,ell F'hoac-_ ),:Lt ~--.. _--_-- ~- Arr you a zr6istcCP~ vot~c? If 1M her ~ a regiatctr.~ ~?'`'S ~s~ 7- SVh [ur,jl;la '--,~;.-i-•~e-'..a-'.,.~,?rt~..1~> ~~~aar.;r~ .eeeE~ ~~~ _._ . G ~~ _.--- 6_ Luc ill r: r.tv 13oacds o[t zrtiich y.?u are alazadp srlsing or haPc preFi~~c~sly sewed: (F[~~s~ ut~l~e daces} - -.~- J 1 - - ------•~ - ----.. - ~...-.1'/j1]Ci _ .-.l]al1L/,f ~•C:1f,SOe13r -`-------._.._.._ ._ l0. List uiv tclatcd p oEcssiott:l! crtxi.£tctriuns end li,~euses w6.lch ~ ai hold: (mil _ ~ ~ ,.~--- -- - ~ - x 1. Give your. pTCacnr or Mast tcc,-alt r~iplorcz; .end po~etion; w 0 n '.' 1 w i~'i ~n'ar. ezprarnccamills ~i ~.nllid~ ~~ua~:Ey I ou to < con tlvs board fF'lcsse~ztr. a brief tcsua,c ~ - 11z~~___~~__ ~ ta~c ~4.,.~,..t,__~-~ =--~~..~~,~Y __S~1~u„ ct, ~ 4~~ Vic,} ,~._ I LrctU; reLtlig da:tt :al! clot above ,L-tL:~ants xic ttuct auc[ 1 Lf;LCC aad iuzeicrstand that wup mrssrs.[e1ncaa[ of m:lterta~l fti*,~s cc> :~i:>ed uc tb~is a.f~plicarton. mag ca~sse EorEeitucc u~.on nzj~ p:-ic c, ~ an~r a~~oiu[mcat I a'.,~ ieceir~ a s.,t,< t- -- --~--• - Dl 1F ,~, . Nuts= 'Ibis appiic}:rior, ticill =rrraui oo. Clc. io ci~.e City C:lerlt's Of~c~ Eur a ptzi<;T ci of 2 pcais frc,m. tLe date ir. a>as _J ~ularrlit~tx~_ Ii mill be the aQp?ic;~ni.'s uspoasibitit; r,~ easuic rhar. u n~rs._ac ' ~~li.r~ti~n ,,, otl £lc. r~zrruitxr~uoNrw.rttr'~, rc u~ MUK Property Management, lnc. Page 1 of 3 b• .fl~P t... J~ _ ~k t 1~ - - ~~- "tom ~ j 4 8 - _ . t ca ,~. F 8 9 ~~c113~~,CIT1~Ilt ~tCl` James M. O'Brien President Professional Experience: ~- • Over thirty years of hands-on experience in Property Management, Leasing, Marketing, Tenant Improvement and Construction Coordination in the Northeast and Florida markets. • Primary focus on Office, Industrial, Retail and Mixed-Use properties. . The management of asset portfolios with a diversified product type and quality. • The management and supervision of fee managers and leasing personnel as welt as directly employed managers and leasing agents. • The development and implementation of asset redevelopment p~pvrn~ ""~^~~^~^t• rte. and enhancement programs. • The development and implementation of investment plans and the on-going management of investment and operating budgets. 1999-Present M.O.R. Property Management, Inc. Delray Beach, Florida 33483 President l BeachPlace Fort Lauderdale, Florida General Manager Responsibilities included the overall day-today management of a 100,000 square foot Entertainment Center with an attached 800 car Parking Facility and a 400 room Marriott Vacation Club International. Primary functions included the fostering of strong Tenant relations as well as the retention of desirable Tenants compatible with the Entertainment Center concept. Additional responsibilities extended to the production of maximum net revenues, cost controt and analysis of the operating statements to enhance ways to improve on revenues and control of costs. Oversee the internal accounting, marketing, security, janitorial and genera( maintenance of the Center. Codina Real Estate Management, Inc. http://mormanagement.com/bio obrien.htm 3/24/2003 1v1Vx Property Management, lnc. Page 2 of 3 Coral Gables, Florida Vice-President Responsibilties included the management of an existing portfo{io of Commercial Real Estate properties, Investment Sales; Syndication of New Partnerships and coordinating the formation of new Joint Venture projects #or the Codina Group and its affiliates. 1988-1996 PFK Realty Services,lnc. Fort Lauderdale, Florida Partner Director of Management, Leasing and Marketing.#or PFK Realty Services, Jnc. {Please see attached Curriculum Vitae}.Additional responsibilities also extended to Management of Tenant improvement Construction for the Company. ArnBrican Tectonics -Southeast -Boca Raton; f lorida Vice-President Director ofJillanagement, leasing and Marketing services. Responsibilities included-the management, leasing and marketing activities for a regional Commeraal Real Estate developer in South Florida with over 1,000,000 square feet of Commercial space either existing or under construction. Additional responsibilties included the long-range planning for the management, leasing and marketing of future Commercial Industrial 8 Retail Developments, as weft as the oversight of all Tenant Improvement Construction projects. Johnstown American Companies Consolidated Capital, tnc. A#lanta, Georgia Vice-President Director of Management, Leasing and Marketing and Tenant Improvement Construction, Boston, Massachusetts's regional office. Responsibilities included over 9 ,040,000 square fee# of Office J Retail space located in Massachusetts, Tennessee, Connecticut, Michigan and Georgia. Personal: Reafi~sttatE Brofcer, Massaifiusetts Real Estate Salesperson, Florida B.O.M.A. Past President, South Florida Chapter Education: Milton Academy, Milton, Massachusetts r- Trinity College, Hartford, Connecticut BA History http:l/morcnanageanent.comlbio_obrien.htm 3124/2003 VJ: 1V: VV 111V VV-1. lAL1 crVl .10 V•lVV V~J lIlL1YLL ~/-~1~/1 ELRAY B ACH ~ ~.:: n € ~/~ . CITY OF DELRAY BEACH ~.~ ~ ~ -~ e~ 1 BOARD .MEMBER APpLiGAT1ON Q6 1 `~ A~ , ~~ ~. '1993 ~ = ~; ~: ~- . . ZOOI. ~~ I'leasc c cir tube folio itifdrmation: u l_. . . _ Nfine Kenneth . ] _ Last Nauic: Peltrie ('i .. Smi~~ Zsp ('ode - tF 2. Horne Address:.:?2t30 Rabbit HoUowe CirUe Delray Beach 33A~t5 . . City Srnre Zip Code.. 3: Legal Resideacc_ de e. 7._.ip C' ' a . tat ,o ~1 . 4 pyj,pclpal I3i153IIC-31 1~dC~.rC33: . ~ ~ ......, ~ . . fi-Mail Address- C'rll hl nn~~ J~d~ Fax' S- Iivmc Phone. Bvsiacss I'honc= ~ `S6~ • .._ .. _.. kDeltzie@yahoo.com _ 56~~98~76d .-_ , 6- ire you rc s d v tern If so, where arc you tegiste.red2 ~'e5 - De~iayeach, Florida . _ 7: VPhat Bo:.rd(s) arc you intrsested in setvit,g;' Ple+se list in order of preference Downtown Development Authority , P) o r ....- ~.~ d ~ o .-. - g $ a a.~ ~~ ~ R p+ . _. y - 8: List all City Boards on avhich rnt.arc currently serving or'have previously sezvecl: (Plensc include date9) _. Planning and Zoning Board 8115/OO.to current 9- F~ucational qualifications: Masters in'Public Hearth/Administrative.Medicine - 10. List any related professional certiticstions and Iiceuscs which you.hold i 11: Give your p=escr~t, or nnost raennt emp'lo}*er,.and posizioa: Vice President Whitsyms Nursing ttd 12 Describe ex.perienees> ~1n1Lti or );r,owled~e vrhich qua]ify yon to serve on this lic;ard: (}'lease attach a hcief resume) Fo Year ex erience in Hea h.Gare. m' - :t?n an ~= SefVed as an officer and Boa.r_st~M~a~1F^' ^f " ^r ""hPr o rmm~nrtnity nrn~ni~tpns ' j ~irl:clay a:ettiCy ~La~ ;ill tl,e al'i<rie sraocmenes arc nvc, nnd' Y s~,fca and tu3drse:taud rhat auy rsaisstntemeat of materizl farm J contau~~ecl in this application~y cause forfeiture upon my put ofany appointment I map rereivc_ --- /~ i1 t _____ - :-.: ~~~~,_~.~~~,,~ ~~? " - ~'' DA~-E T S1GNr URE~ Note This aplilicatiou rvilltemain on:frleia tiie City Clerk s Office.for. a period of 2 geats.frarri the da>:e it was ~ submitted. It mill Ue the applic.`tn>'s responsibiliry ro .ensure that a cuitent application is~ jnYfii~~~F¢~P~r~ Sunday, May 16, 200~4.max KEI~TNETH GERALD PELTZIE 22b0 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 18 hospitals in central Indiana) Executive Vice President, Community Hospital of Indianapolis 1980-1982 Senior Vice President, Robert Douglass Associates (a national health care consulting firm). 1972-1980 Vice .President, Chi Systems, Inc (a national health care consulting firm) 1966-f972 Associate Administrator, Assistant Administrator, Sinai Hospital of Detroit (a fi20 bed university affiliated teaching :hospital) 1961-1966 Budget Examiner, Bureau. of the Budget (now the Office of Management and Budget) Executive Offi f th P id W ce o e res ent, ashington, D.C. 1958-196! Administrative 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, 1956 M.S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PROFESSIONAL MEMBERSHIPS American Hospital Association -Personal Member American College of Healthcare Executives -Fellow International Hospital Federation - .Personal Member Community .Activities Palm Beach County Health Care District, Finance Committee Crossroads, (Substance abuse support Center) Past Board Palm Beach County Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board, Member and Vice Chairman HOPE Project (A not for profit organization providing free mammograms), Board member and Treasurer. Deaf Service Center (A not for profit hearing loss support organization), Member of the Board United Way of Palm Beach County, Member of the Finance Committee. Leadership Palm Beach Rotary Club of Delray Beach, Member and Past Treasurer 03~2~!07 F'xI 15:63 FtLY 56124.39774 cI'TY cLERA ~E~~~`~`~~'1Ue DELRAY BEACH MAR 2 ? 2007 ~ c ~ C{T'Y OF DELRAY DEACH CITY CL~~~ ~ BOARD MEMBER APPLlCA'~`!ON '1993 20x9 Please tvnr or mint the following infornlation_ ~~/d~ 1. Last Name ~ A ~,~ ~ ~, J~ J `/ /Y Name f ~ m ~ ~ ~ J Il M I- . 2_ Home Ad ess: Z©o r-t~~ ~,41?G.~-~c_~. fir- _ Ci1.y D~L29~ ~~o~' Sta ~ Zip Code 3.3 d~ 3. Legal Residen` r ty State Zip Code C `I 4. Principal Business Address: CRy Stare Zip Code /~ O .~1 1 `~~dT c~l~ l~ ~ ~/ .~J Po rr~.~-~ a I~~~r.~ ~ ~~ 3 3 o Go 5. Home P one: Business Phone: E-Mail Address: Cell Phone. Fax: v~~/- ~~3-3LV~'9 ~-~"~_TBl-96 7~ S~„r~~.v~.~Bd ~~'j'' gay- ~-t z~? 9~_~~-4~ G_ Tate of Birch ~. Arc you a r~gistere voter? If sa, where are yvu zegistere B- z ~- j,6 r~s ~~~E! ~- ~~~~~ ~ 8. What Board(s) are you inrerested iu swing? Please list in order of prefcrencc: ~L-4~ws~4 ~'~ fl~ ~•tr~ - S.~i~ G List all CftyBoards onwhickt you an urrentlyscruing or lave previauslyserved: (Please include dazes ~~ ,L GZ+~ -~ ~ c a f ~ /~ 2 o i a -~ v r ~ ~ ~ qtr o ,~ ~ 10. Educational qualifications: ~ 11. List arty related rofessional certifications and licenses which you old: 5 ~~ ~`j•r .~~ lZ. Give your presern, or most recent etngloyer, grid position: 13. Dcscnbe experiences, skills or lrnpwledge w ~ch qualify yot~ to serve on this board: {Please attach a brief msutpe} .L tf g /Q ~3 ~~.~c /~ y o !.s ~~ i ~ y ~ Uss~ o~ ~~~.~-1 `-"' ,e~-.w 17 .Q,-L~ Ph ~~~~ a ~ ~ ~ ~d.~ s o- ~.<~ ~ /. 1~ ~~s ~~ ,~~~~~~ ~ fps ~. ~.ul~ I ficrebycetufyrhat the above ~emenrs are true, and I agree acrd twclecstand rliat anynziss emcnt of mai~rial fans coat~,cd in tLvs applTe~rian may cause forfeitutc upon myp~ of any :3ppointmEnt Imay receive. .~/~CoT DA'i'E ~- i'hu app~c~t~on will rEma±n on i~~ie in the CtCy Qeri~s Office for a period of 2 years from the date it was submitud. It will be the applicant's responsibility to ensure that .a current application is on file. 11! 10! _t~K~4 11 . __ JJ4 f GG4U f 7 Dl~1LLl1~{~a {"j-}~_7t [7 JEROML- SANZONE 200 M.A.CPARLANE DR DELRAY BEACH, FL_ 33483 (561} ?43-3249 OUTLINE REi_114iE March, 2002 Ciry of Pompano Beach Building OtJicial Present 100 E Atlantic Blvd Pompano Beach, F1.33061 March, 1989- City of Delray Beach Building Official March, 2002 100 N},V I ~' Ave Delray Ecach, Fl. 33444 June, 1.986- City of Oakland Park Euilding Official March, 1989 3650 NE 1.2a' Ave Oakland Park. Fl. 33334 June, 1984- City of Pompano Beach Assistant Building Lune, 1985 141 SW 1~' Ave Official P. ornpano Beach, Fl. 33060 June, 1980- Sclf•-Employed Construction Consultant & June, 1984 RR 2, Dox filb ~ General Contractor Pompano Beach, Fl. 33067 April, 1978- General Development Corp. Director of Primary August, 1980 1111 South I3ayshore D.r Housing 1vliami, Fl. 33131 October, 19£6- American Plywood Assoc, Sr. International April, 1979 PO Box 11700 Field Services Tacoma, R'A. 9$41 i Representative August, ] 965- Rinker Iviaterials Eng. Coordinator October, 1966 805 N. Railroad .Ave. . Field & Fabzicarion West Palm Beach, Fl. of Project3 February, 1963- Lindsley Lumber Co. Estimation August, 1965 Steal Division , Derailing, Field Dania, Fl. Supen-ision, Customer Relations April, 1960- Security Planning, Inc. Sales Representative December, l 962 First National Bank Bldg. Miami, FI February, 1960- Dade County Highway Estimator c~: February, 1963 Design Section Desi cr 11 i 1 h? ^[1 f1~} 11. __ y54 ; }~;Fi~IFi f r;l_i1Ll~l1 Ira Juue, ] 959_ C R. C Construction September, ] 959 G i 3 Tabor Place Investor Planning Corp_ 60 E 42nd Street New ti'ork, NY IEROh1E SAN7_ONE 2(10 MACFARLANE DR. DELR4~' BEACH, FL. 33433 (561) 243-3299 OT 1TLINE RESUME (CONT'D} Sept. 1953- Netiv York City Convnunity Jan., ] 960 College 30Q Pearl St. Brooklyn, NY Sept., 1955- United States Army Sept., ]9~8 Tune, 1954- Levy & O'Keef Sept, 1955 171 h4adison Ave Ncw Fork, NY Estimator R. Designer Sales Representative Construction. Tech., .ABS Degree Corp of Engineers A~fechanical Design F'r-'i~a~ I1.} !li lh+ _111_1.} 11: __ '~`_~~F /r~t~•}b; r L~U1LlllIJ~a PROFILE Date of Birth: August 27, 1936 A4arital5tatus: Married Genera] I-Iealth: F~celIent Military Sen-ice US Army Corps of Eng. - T~onorab]e Discharge, 1955-1958 Certifications Florida State General Contractors License #CGC-07690 Certified by the Department of Professional Regulations in the Following areas; Building Code .Admini9trator; Structural Plans Examiner and Inspector; Electrical Plans Inspector; Mechanical Plans Inspector Plumbing Plans Jnspecror C.A.B.O. Certifed Building Offcial #923 Florida Board of Building Code and Standards Certificate #] l 1. Building Officials Association Building Code Director Certificate #147 South Florida Juilding Code Building Official, Chief Stntctural Inspector and Plans Examiner School: NYCCC A.B-S- Degree in Construction Technology Organizations: Florida Atlantic Builders Association Cltairn-aan of Affordable House Committee Govetntnetttal Affairs Committee T3uildcrs Association of South Florida Co-Chai.rnnan of Technical & Construction Committee Construction Specifications institute Building Officials Association of rr`-ti~at l:1_t 11! lt~i _IJI1.} 11: __ 'ihq l~ib•}b; ttiU1LL~1Pib h'Alat I_1b Florida JEROME SANZONE 200 NIACFARLANE DR DEL.RAY' BEACH, FL. FROFILE (CONT'l~} Boards: Broward County Construction Industry Licensing Board Palm Beach County Building Code Advisory' Board Palm Beach County Fire Code Ad~~isory Board Fire Codc Board of ,adjustments and Appeals SBCCI By-Laws Comrnittec SBCCI Codc lnterpretati.on Committee SI3CCI Existing Building Code Committee SBCCI General Design Committee BOAF Resolution Committee Palm Beach County HLU7ieane Retzofit Comtnitt~e }'alm Beach Count't.~ plumbing, Electrica.i and Mccharaical Review Committee ICC International Building Code Structural Committee Languages; Italian, Spanish, Iapanese and Latin. 11! lbi _19l1~t 11: _- '~'?~} r ~~b~h r .' Lil_IlLL~lf {~, F'!~'~al= 11 r JEROME SANZONE 200 MACFARLANE DR DLLRAY BE~aCH, FL. 33483 CONSULTING CLIENT ACTI~rITY 1 JS Dept of Agriculture Set up construction companies to build mass housing and train Personnel in Venezuela, S.A., 3 projects started. National homes, Inc. Acquire product approvals for their system under the SBCCI and SFBC. Ryan Nonzes Ana]}fie and solve constructioD problems. G.D.C. Analyze and solve construction, problems, Heller, ~Ueaver & assoc. Evaluate buildings for condo conversions. Genstar .Developed site plan for planned community in S_ Dade ITT Evaluated sttuctttres at Palm Coast in Bttnncll, Fl_ Approved as expert witness in American Arbih~a.tion and Federal Court, Cr.P. Analyze and solve problems of construction applications. Northwood Industries Advised on marketing of construction products and gained code approvals_ MarChetn Advised on marketing of construction products and gained Code approvals, Everglades Chemicsl Advised on marketing of construction products and gained Code approvals. MCJ-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 o.f Ana]ne, investigate. and evaluate projects as well as testify as La~~~ Enforcement An expert witness for the Construction Fraud Case JEROME SANZONE ~QO Iv1ACFARLANE DR DL-CRAY BEnCH, FL. 33483 CONSULTING CLIENT ACTIVITY tl5 Dept of Agriculture Set up construction companies to build mass housing and train Personnel in Venezuela, S.A., 3 projects started. National Ilomes, Inc. ,4cgttire product approvals for their system under the SBCCI and SPBC. Ryan Homes Anal~~e and solve construction problems. G.D.C. Analyze and solve construction, problems. Heller, weaver Rc Assoc. Evaluate buildings for condo conver5i.ons. Genstar Developed site plan, for planned community in S. Dede ITT Evaluated strucntres at Palm Coast in Bttnncll, Fl. Approved as expert witness in American ArbitZation and Federsl Court, G.P. Anal_y2c snd solve problems of construction applications. Northwood Industries Advised on marketing o.f construction products and gained code approvals. MarChem Advised on marketing of construction products and gained Code approvals. Everglades Chemicsl Advised on marketing of construction. products and gained Code 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. Florids Division of Anslyze, investigate and evaluate projects as v4~ell as testify as La•t~ Enforcement ,An experr witness for the Construction Fraud Case 11! 1 hi _1111.} i J.: __ y-~a ; ~,~,a1, r ; rii_IlLlJlti~~ r~a~~t ~~~; IEROME SANZONE ?00 MACFARI.ANE DR_ DELRA~' BEACH, FL. 33483 ]?ROPESSIONAL ASSOCIATIONS American Concrete Institute (ACI} American institute of Timber Construction (AITC) Building Officials Association of Florida {$O,t#F) Building Officials Assaciation of Palm Beach County (BOAFPBC} Building Officials and Code Administrators (BOCA) Construction. Specification Institute (CSI) Council ofAmcrican Building Officials (CABO) Intemational Conference ofBuildmg Officials (ICBO) Southern Building Code Congress International 1SRCCI} PROFESSIONAL CERTIFICATIONS Bro~vard County Board of Rules and Appeals; Building Official; Plans Examiner Building Officials ,association of Florida: Building Off ciall Department Director Council of American Building Officials: Building Off cial Florida Association of Plumbing-(3as-Mechanical Inspectors, Inc. State of Florida, Department of Business li: Professional Regulation: Building Officiali Codc Administrator, Plans Examiner, Inspector State of Florida, Depa.mncnt of Business ~ Professional Regulation: Genere.l Cantractor State of Florida, Florida Board of Building Cades & Standards: Building Official RELATED INDUSTRY ACTIti'ITIES Building Association of South Florida: Co-Chairman, Construction & Codes Committee ] 980-81 Chairman, Palm $each County Fire Codc Adti•isory Board 1490-94 Chairman, Falm Beach Caunty Fire Cade of Appeals & Adjustments 1990-94 College of architects. Engineers & Surveyors Seismic Corrrmittee 1965-73 Law Cost Housing Committee- Puerto Rico 1953-68 11! 14; _! ~! i4 11 : __ ~y74 lr~Li4h r ( t5IJ1L1~11`i~a President, Building Officials l~ssociativn of Broward County 1987-88 President, Building officials Association of Palm IIeach County 1994-95 Southern Building Codc Congress lntcrnationsl By-T_aws Comnlirtee 1992-93 Southem Building Code Congress International Code Interpretation Committee 1444-9~ Southcm Building Codc Conference International Existing Building Code Committee 1.995-97 Southern Huilding Code Conference Intemationa) General Design. Committee 1997-1949 International Code Council ICC INTfiRNATI~NAL BUILDING CODE=Swctural Comnvttee 1999- Present raft la•~ DELRAY BEACH o . All-Nnerica C"rty +' CITY OF DELRAY BEACH ~,pR 2007 ® BOARD MEMBER APPLICATION ~ K 1993 ~~~Y ~~~~ 2001 Please type or print the following information: ~~~/o q 1. Last Name: ~ f, ~ Name f R d ~ M. I.~ . 2. Home Address: 5 I ~O ~` City ~,.dt ~ a ~ State C. Zi Code ,~3 ~(0 7 3. Legal Residence: City State Zip Code 4. Principal Business Address: '~(O ! W. 1Ac i (P+~+c. I~clfnt~xc., S~:-~i. ~~ City .L~f.IR,~ (~t~~ State (~L. Zip Code 33~t~~t 5. Home Phone: ~~ ~~~'7~S Business Phone: t,l SSlc1-~3k$ E-Ma.il Address: A SE~-hV'aN ~ ~-a~~ Cell Phone: S`G 513-I~z Fax: (~~ 2ta5' fo 6. Date of Birth ~ !y St{ 7. Are you a registered voter? ~(~ S If so, where are you registered? J ~~AY~, t~~~.~ 8. at Board(s) are you interested in serving? Please list in order of preference: ^.ory-mvl~: R~.d~,~o err' 4n)c. ~~pj.cJcJ;r~ ~d 2a+v~ Coic~. +~~ ~~~+' List all City Boards on which you are currently serving or have previously served: ease include dates ~~bl~ c ART ~dv~~~ 10. Educational qualifications: +~ ~~ 11. List any related professional certifications and licenses which you hold: J S St~.oO~ U~ 17/b~-G Jh~+N~ id~ ~ -w1v:N~ ~~JcR ~`rc~ t1N'~3 ~e~s. i~ 12. Give your present, or most recent employer, and position: ~'~(,, C,f~4 R. "Ttct+-n~a Fsnl~'f R.~3~ A~~ JL(d " yac. ~F ~,~. t TOR. 13. Describe experiences, skills or knowledge which qualifyyou to serve on this board: (Please attach a brief resume) ~ ~/4RaUti On! d-1AN ~dA~S Aid ~Ci.~n-:~'F'~,~4 f~~' 0~ G IAI~G~ (~ GRc~ ~ J! N (~ t N ~ AntU UJ •'~A -~-1/~,1`. ~~ .~ Cf ~k•.•S ~J ~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts yern'ained in this a licati maycause forfeiture upon mypart of anyappointment I mayreceive. ~~ SI ATURE 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 responsibilityto ensure that a current application is on file. SEABRON A. SMITH 7510 ANSON COURT LAKE WORTH, FL 33467 (561)968-7205 Cell: 561573-1202 Seab ron 1 @bellsoutb. 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 • Resourceful 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 SBA/Florida Women's Business Center Executive Director Private Industry Council, West Palm Beach, FL Service Center Manager Lake Davis Apartment, Orlando; Florida Property Manager/Leasing Agent Adelphia Cable, West Palm Beach, FL Sales Supervisor Perry Cable TV, Palm Beach Gardens, Florida Marketing/Sales Supervisor 1997- Present 2004-Present 1991 - 1997 1987- 1991 1984 -1987 1981-1983 EDUCATION Bachelor Business Administration, Albany State College, Albany, GA Associates of Arts, Florida Community College, Jacksonville, FL PROFESSIONAL MEMBERSHIPS Board Membership Palm Beach County Overall Economic Development Program (OEDP) The Business Loan Fund of the Palm Beaches, Inc. (Vice President) The Milagro Center {Vice President) Committees Business Partners Roundtable Downtown Master Plan Implementation Committee Delray Merchant Association Palm Beach County Affordable Housing Collaborative National Business Incubator Association (NBIA/Member) Florida Business Incubator Association (FBIA/Steering Committee Member) Small Business Incubator Steering Committee (Palm Beach County) West Atlantic Task Team (WATT) Chamber Of Commerce/Boca Raton, Delray Beach, Boynton Beach Member of the 2004 National Register's Who's Who in Executives and Professionals 1!J'1V; yV VJ 1V~3V r:111 1JV11 J110JJ r1nJ1 LbVlll 111LL v.~~ yJi VJ rnl 1J. LU res~ ~~1 ~4~ ~! t 4 l,li'Y 411:1(8 ~FJRAY 8Fi4tH m ~I VV. LQ 005 t ~ CITY OF DELRAY BEACH ~/~~(~ 6~ARD N[EMBE~ APPL[CAT[QI~i~ ~ ~ ~~~ ~_ n aooi ~~;~~~~o ~ ~ ~0~5 Please ro~ne or Hunt the follawisit* iafoaaatiolz: ~` "~ "'~ ~ ;: ; -- .~~, :.. 1. Last Names ~ s z ~ ~ ~ Nam,e ~ ~ ~ ~ ~ ~'` ' s , , ~ ~ , ~ , 2_ Nome Address: ~ C':.~. Scac•-. "Lip Code 3_ Irgal ILesicleuce: City' State Zip Code 4. Paae~al-Business Addreaa= Ci~p Sratc - Zip Codc J 7 7 ~ ~~- -~~erf tr~~ ~ ~ ~~' ~~:~ ~~~~ f'C_ ~~ Yak 5. Home Phoney iiciness Phoa~ E-M--il Address- au ~~~~t u-f ti ~Sf~ ' Cc11 Phoue . Pam ~~ l- ~,> 7 -~S9s S 5 ~ j - 7~/- ~~3 / P ~ ~ ~ j ~: a -, ~ { ('~/- 5"~~ `/ _> G/ - 7~j-1~~ 6. size you a registered voter? y ~~~ If so, mhEre arc you =c~sttred? „~~G /~C ~ ~ Y~.~~ 7_ What Board(s) a=rLyou innr~sJesced i11 sexQing?I Ple/a)se list ui order of preEcsencc ~ y., ~.~ ,.bl ; "r L~ XP/_r r /t` ~~ 1:~~I~1 fti 1~~ 4Y~i~6a L.rs - --- ---- ~vbl-L ~ryj4l~yC'C't ~¢IK~U~it! ~/LJ~13'f/Oln 8, I~st ~ Ctcy $oards a ~bich you u cues-early serving or have pre~iovslp sesvecL- (Please iaclude dues 9. Educational ualifie~tions: - 1~_ List arip related pl:ofessional ePrri ficztions and licenses which you hold: ~~ ~~-G~~~~~~,r_ r~rN.~~ 11. Gioe dour prrsent, or most zece:iat e..mplopea; sad position. ~ ~ I ~-, r t ~' /~'=emu , fLr 1~- t"/ c ~ LG ~ f'{~Cl, "s~(,Fi~i ~ /O ti'~'I P~ - I 12. Desk expeder-ces, skills or lmo~ledg~ avLiich qual;.fpyou to serve oa this boazd (Please attach a bricEttsume) . I hereby ~Y that aIl dae abo4e statecaaats are crag and I agree aad uadesstaad that say miesratanent of matrrial faa contain in this application map cause Forfeiture upon mp part o E any appointment I map terxive - -- _ ~~~ f /v S SIGNA DACE _~ This application will remain on n1e In me~ L,tLg ~.terx-s ~tilce to=.a penoa or ~ yeaLS uom ~,uC ~-« 1~ ~,+~, submieted_ It will be Y1ie applic~ut's =espomsibalitg to ea„tt=a that a eus~at zppli~xlloa u ou file. s,Q,Yr„~u,n~„lavlnrellctivaa~ Dinah S. Stephenson, Esq. Ldvcativn December 1988 University of Miami Miami, FL • Reaeived Juris Ooc~orate (J.D.) May 1981 University of Alabama Tuscaloosa, AL • Received Bachelor of Science (B.S_ ) Work experience 2002-present First Equity Tltle, LLCM President • Responsible for daily management and legal functions of the company. Overseeing all settlement transactions from initial searches through post closing 8~ Issuance of title pollcies_ 2001 - 2003 Attorney at Law for Scholl, Ticktiin 8 Associates 2001 -present Broker/Owner of Destinations GMAC Real Estate which is now Exit Realty The Destinations Gmup 01/1 992 - 0912001 D_ Stephenson Construction, Inc. ~c® Presiclenl, d~7e~f /tdministratlve Ofllce~r • Responsible for daily management ,scheduling, coordinating and general supervision of all administrative and legal functions of the company, including oontr3ct administration_ Also overseeing workers compensation and other personnel issues. 1993 - 2001 Stephenson Realty, Inc. Miami FL Pnasldent, Chief ~ecutive OfiilCer. • Responsible fur acquisitions, coordination of real estate management, oontraa negooa~ons, teasramy anarys~s, ana carry accounting and supervising of all company owned commerce) property. 1990 -1998 Stephenson Merchandising and Marketing, Inc. viva Prestderrt • Responsible far supervising men~andising of products and supervising dairy functions at Amoco Gas Station, induding personnel issues. 1988 - Pn~ent DDS Investments, Inc. Miami FL Vlee Pe~sldent • Responsible for acquisition of commercial properties, coordination of real estate management and contract negotiations. 1988 - 2001 Attorney At Law, Miami and Ft Lauderdale • Responsible for handling Rea! Estate aaauis~tians and feasibflrty analysis. Continuous involvement with Real Estate management and admni3tration. Practice inclines alt aspects of Reat Estate Law, Guardianship, Corporate Law, Construccti~on Law and General Practice. Organaatior*s & The Florida bar -member Cornrn~nni~r ~ National 8 Florida Roarrf of RPaltnr~ City of Oelray Beach -Public Employees Relations Commission Boynton Beach Chamb®r of Commerce Boynton Beach Chamber delegate for Boynton Beach Sister Cities, tnc. Museum of LtFesiyle and Fashion History -Board of D~rectcrs & Secretary Friends of Norttnrvood Professional Advisory Council Rotary Club of West Palm Beach business Development Board -President's Level yam Dwights computers for kids program ~ United Cerebral Palsy MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER// ~' DATE: JUNE 15, 2007 1 SUBJECT: AGENDA ITEM # 1 • ~ -REGULAR MEETING OF JUNE 19, 2007 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Downtown Development Authority. BACKGROUND The term for Mr. Herman Stevens will expire on July 1, 2007. Mr. Stevens will have served one (1) full term is eligible and would like to be considered fox reappointment. 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. Ms. Elena Hartmanis is registered in Broward County. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) regular member to serve a three (3) year term ending July 1, 2010. RECOMMENDATION Recommend appointment of one (1) regular member to the Downtown Development Authority for a three (3) year term ending July 1, 2010. DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT ~~A" Mark Denkler Maura Dersh-Wissekerke Jane Fields Diane Franco Elena Hartmanis James Houck Kenneth Kaltman Johnny Kincaide James O'Brien Kenneth Peltzie Thomas Stanley Herman Stevens (currently serving on the Parking Management Advisory Board; also applying for the Community Redevelopment Agency) (also applying for the Community Redevelopment Agency) (currently serving on the Board of Construction Appeals; also applying for the Community Redevelopment Agency) (currently serving on the Nuisance Abatement Board) (also applying for the Community Redevelopment Agency) (also applying for the Community Redevelopment Agency) (also applying for the Community Redevelopment Agency) Incumbent DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 64 SE 5`'' Avenue Delray Beach, FL 33483 05/07 Marjorie Fetrer Executive Director ofDDA 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 /OS Deka Beach, FL 33483 Cell: 213-2040 07/01/2008 Louis J. Carbone, Chair *Tax qualification Home: 276-5105 unexpired teen 3/G/Ol 1005 Seasage Drive Work: 272-0282 ReapptOG/18/02 Rea c o6/2t/os Delra Beach, FL 33483 Fax: 272-6013 07/01/2009 Fran Marincola *Tax qualification Home: 274-4455 Appt OG/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 teen-7/10/01 2275 N Swinton Ave. Work: 274-6468 ReapptOG/18/02 Reappt 06/21/05 Delray Beach, FL 33444 07/01 /2009 David Cook Home: 732-4193 UnexpAppt05/15/07 901 SW 33rd Place Work: 276-4194 Boynton Beach, FL 33435 Fax: 276-4190 07/01 /2008 Nancy Stewart Home: 279-9627 Unexp Appt 07/11/06 227 S. Swinton Avenue Office: 274-4663 Delray Beach, FL 33444 Cell: 703-7028 07/01/2007 Herman Stevens, Board Secretary *Tax qualification Home: 272-7477 Appt oG/2z/oa 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/City Clerk/Board 06/DDA Commission Liaison: Mayor Rita Ellis DELRAY BEACH o o 1993 2001 /~/~ CIT1( OF DELRAY BEACH ~EG~~~ED BOARD MEMBER APPLICATIO~~ ~ ~ z0o5 Please type or print the following information: ~~~ ~~ 1. Last Name: ~ ~~ ~~ Name A^ ~~ M. I~ 2. Home Address~ZD ~~ Z ~r ~~ City ~~ - State ~Z Zip Code 3~~i~ 3. Legal Residence: ~~t r. N City State 'Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Z'b~''~7~f S Business Phone: 27b - 6.S? ~ E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? ' If so, where are you registered.?~ T L- 7. What Board(s) aze you interested in serving? Please list in order of preference: C R~ T DU`~.n ~~ ~ Vii. List all City oazds on which you e currently se ~ or have previous y served: (Please include dates 9. Educational qualifications: ~~ ~ n; , g ~~ 10. List any related professional certifications and licenses which you hold: 11. Give our present, or most recent employer, and position: 1 ~~ C ~ '~ n cr ~ n C ~n !l ~ e ~ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Pleasie attach a brief resume) ~~ 1 ~ 'b"il ~ ~n1 n ~ ~ d l L ~eEUE J. - ~ w~lx k.~~~ 5 -.g,..ess vw~eJ Sn .1 .•yw1*~ ~ I:l rb I hereby certify that all the above statements are true, and I agree and understand t any missta ement of material fa s con ~ ed inkapplication may cause forfeiture upon my part of any appointment I may receive. ~~,.~ l1)a,~. ~ ~ . ~ ~,~ I,.~ ~ 4., ,,~.- ,,..~... .GNATURE ~v ~~ v 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 s bmitted. It will be the applicant's responsibility to ensure that a current application is on file. ~J',,,~ ,,~~~~ s~mrccExx~onxnw~uc~nox MARK DENKLER 320 N:W. 9TH 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 2000 EDUCATION University of Texas at Austin, BBA -Finance PiRF-i_'~-~onr{TiiE) nt:51 X11 (FR,l''"S1 i9d [t Cpl F. Onlfnnl DELRAI' [TEACH . ~ ~ o Ali r~ 193 2U(.l7 Post-it"-Fa-x~Nota7671 `""~ La9e,- T~j~,~ l/~ ~~'l From CITY OF ~;,,;~.:,,L~ - ~ _ ~~,. M ~ ~40~ Ph~au; u BOARD M~ Pi",,,z ~ ~~ '~,° 5 Far. ~ Fsx 7i . ~~ ~~ Pl~ac.~ rvn~ nr nrinr rhe_ Yollowin~ infi>nl~atic~n: //vim! ~~ 1. Last N;unc; c1ERSFI-wISSF,.FERI:S Name Maurer ~~ I• - •7 ~-~ 2. Hoc Adt~r~ss: -~~ SL• t. ~ Ave »y~t #11 ('itDy elray Haack State FL Zip ('ode s.f4~ 3. l.xgai Residence: Same Ci.[y S[a[e '7.ip Ct>dc 4. Principal J:iusuiess Address: Gallo Architects & Development Company 1311 Newport Center Ur, w City Deerfield >3each St<ue F1 Zi}~ Code 33d02 5. Houle 1'llone: 561-278.8999 Tiusincss Phonr: -954.794.0300 L-M:ulAdelress: Maurajw@aol.com Cell Ph~~ne: 954.461.6523 rah: 954.794.0301 6. Date of liir[h 2 April 6U 7. Arc ypu a registered voter? if so, where ate yc~u registered? yew $. VG'iiac BoardO arc you interested in serving? Phase list i» order of preference: Plaruiin~.r k Zoning, DOwtlLOwn Development Authority construction bd of Appeal T.ist. all City 13oardc on which you ate currently nerving nr have p~~eviously scivcd: (Plcasc include dares) Historic Pre~erv~t on Boar -3006 ? 10. F<lucadonal yualit3cations: Bac o a•~r of Architecture J 11. I.,ist ary fclat~d profcssiou~il certiticatians and li.ecnscs which you hold: 12. Give your present, or mist recent employer, and position: Gallo Architect k Development comp, 1311 Newport C®ncer DR Deerfield Eeach Project Manager 13. Dcsctihe experiences, <kills or lnowlcdf;c which elual"tfy ynu tr, serve on rlus board: (Plcasc attach a brieEresume) I have been in aspects of Architecture for over 20yrs. I have lived and or workefl in Dalrc~y 61CCy k zunin,r codes I hereby comfy chat all the above statements are true, and I agree aril understand that any tnisstatcment of material faces contained in this xppl~kit.i n relay use forfeiture upon my part ~~f any zppointmcnt 1 tray receive. 1' ~'l 2 l~ • ~-t-4 ~ 6 7 r _~ ,-- SIGNtl?ITRE `(' ~' UA1~ Note: This applicatiitn will rcm~un on file u~ dle city elcrk's Uffice for a peLiod of 2 years fri~m the date is was submitted. lc will be [lle appli.cant's t«ponsibiliry [n ensure chat a n~rrcnt application is on file. DELRAYBEACH ~~~r~~~ ' CITY OF DELRAY BEACH SAY BOARD MEMBER APPLICATION~~~`~ ~~~~~ ~9~~ '/ 200, `l~~ /~ Please type or print the followine information: / 1. Last Name: ~, Nam M.~ 2. Home Address: ~ Sta~ Zi ~ odes 3. Legal idence: City State Zip Code 4. Princi al Business Address: ~~ City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: ~ Cell Phone: ~~ 4a Fax: Zy3 ~b8 S7 I CO ~- 2~3-Z-~S~ 2cao5~ a~co.co CJ p~s o ?52Z - - c 6. Date of Birth 7. Are you a registered voter. If so, where are you registered? ~o . ~ ~ ~~- Y.es ~~~-~ ~ea~., ~~. ~. 8. What Board(s) are you interested in servin ? Ple se li t in order of preference: 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) _-~ 10. Educational qualifications: J f'~ `Gt~ s d~ NUV / S 1 /4l sD ~ 'f- WQ.i'GE S d ~ ~ /G2 ia~. Gj ~S~ -.QSS . 11. List an lated profes Tonal certifications and li enses which you hold: SP,vbto~ t~r`~~qJ cu» t a>l- UJKQ~ ~rd,~ t~il~j wV4F (3os-kah /~S (A~flo~r, CI/4 : W M/} ~d Ttwnev O~ fc(uor 1t~JP , , , . t oWh~rS~ near tXCC J~.S, tLn v S, GCS PTV 6~i YvwAr~. Gtd NS c(2S, inc C. h r 12. ive your p esent, or most recent employer, and position: ~-~,/na;,~ (,lye $~d~ ~,(,1~~yWYi~S' P see ' ~ ' ~. ' V• P of PTt~c wi- t~ rosl•+~na Sw~4tr k.o-.-}-;o+~a.Q_ ckoo 1, Tc~, a.,~. ~ Mew,l6wShi co -~4eC (flew MP.t~+b 'd Ovk /~3 ~ /l 1r~ i/ a k vt efresume) M a 3. De'cnbe experiences, skills or knowledge which qualify ou to erve on this boa ease attach a bn ~ GG as ~ c rt'4' / u ~. s~ ~~~ of ;~- a,~ tes. ~ ~ot~C;-E:a~-, vk vol weer work, shows S l~~ a s ~ R bt succe ~~ t^C ffS ~v ra,~~ ~„~,~ V,/ ~r'PA~ ~ ~ ~iX a I hereby certify th t all the above statements are true, and gree and understand that a misstatemen f material fac s co iced in this a lication ay cause forfeiture upon my part of any appointment I may receive. (~ '~ 5-~-0~ t~ SIG RE DATE Nom: This application will remain on file in the City Clerk's Office fox a period of 2 years from the date tt was submitted. It will be the applicant's responsibility to ensure that a current application is on file. '~- IMS ftXcS c.~n54~Wt1P On(, Ot- -Ine nl ;t,;i ( . ? ;i,y~.`:~' Sift[ ~t4(~{~.__, ~,, " h,icCS-~" ._ ~ , 2 ; ~: s:; ,: ~ ~ ~e.U4~x~S cs~ ~ u2Q, *#~y~++/ (t~' t.(.>`t~ 5~.~aaQ... . .~?~- c ~. ,~ ~>~ ~'~.. III w ~ ~" ~. 1,''- . ..,0.i t r ~~ ~. .~~ Wit.,{ Y . ~ ~.; 1. ^.,-.'~ _. J ~~ .N ~ L _ ~ y ~ ~~ ~ t ir~l s-,, ,. ~k. ~~ xk i .yi_~y ` ~ .~ k ~ I (Special tome News) Host Leslie Geller, shown Jett, with chairs Michelle Kelman and Jane Fields of the recent annual Auction UnderwrRers' Party. Parents salsa,. samba to raise $40,000 FROM SfAFFREPORTS eighth graders. Montessori Preschool and trxdi- The Salsa, Samba, Tango and Underwriters Pally Co-Chairs tionaVprogressive Elementary artd more are not on your average Michelle Kelman of Boca Raton Middle Schools: Wee-Wisdom Mon- workdayschedule. and Jane Fields of De]ray Beach tessori, the Florida Kindergarten But then, Unity School parents were thrilled with the outcome. Council and• the Florida Gouncil of are not your average parents. And "You couldn't have asked fora IndependentSchoolssanction it. so, parents were nominated and better time or a better group; ofpar- s voted upon to become the "Danc- ents," said Kelman. She and her ing with the Unity Stars" winners, husband Dr. Chad Kelman have to serve as heel kickin' entertain- rivo sons and a daughter at Unity ment at a recent annual Auction School: Lucas, Benjamin aril AI- Underwiiters';Party, exa. Once~ffe:votes were tallied, the ~~ -: Unity School Headmistress. Ma- wirtillg:dancers were:.. Dr. Jacquf' ria Barber resounded how the- fes- Mai~Co-Maloney of -Defray Beach, five event enabled mare than 150 Winston Shutt of.Boca Raton, Alma devoted and loyal Unity' School Frankel of Highland Beach, and parents to enjoy themselves fully Unity third-grade teacher Melissa while supporting the schooPs wor- Urquhart. ~,y ~,~, These a~ictots spent hours prae- "We have the finest parents and , ticingwithprofessionaldancersfor supporters who also know how to ; weeks to perfect the routines, then . have a great time. The tellers 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 the 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 $40,1100 to the generosity and support from benelitthestudentsofUnitySchool. the Underwriter's Pam' .id our Fundsfrotii'theeventstielpstfppbrt upcoming Airiual Auction.`" T'he'" the student body, including its aca- auction is set for March:24,:clrared derma, the arts, band and music, by Janet Goldman of DelrayBeach. , and athletic programs. Fields added, "Many volunteers In addition to the dance contest, and staff members contributed rp a live auctionwas held to offerclass making 3his night a trulysuccess- projectshand-craftedwithloveand. ful'ftindreiser. Many parents do rare by -the 4,00 students. Vener- Hated=their time and goads+to help able Auctioneer Neil Saffer,tumed inakc.the e~et a big success ' tlre.auction into eptertainment, as Unity Sctiool`hasserved sn,detlts parents ~ acquired a host of pieces aged 2 ttuougli Eighth Grule firali including hand-painted, ,bongo.. DelrayBeact%BoyntonBeach,l3~ica drums,. an ornate fountain, and Raton, Palm-Beach; Manalapan a colorful photo-adapted artwork -and surrounding communities for that included the likeness of all 42 years. Et offers aWee-Wisdom.:; [yELRAY BEACH 1993 2007 ,~/z~~ _ CITY OF DELRAY BEACH ~ ~'~~"' ~~ ~ F~ BOARD MEMBER APPLICATION ~p~ ~ ~ ~®06 G; 4. Please tube or print the following information: 1. Last Name: ~ n ,/ ~ p f7 Name ~ ~+,IL= M. I. 2. Home Address:n City State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Busin,,es~s Address: 1f~ U` j ~/- ~` ~ ~~ N IIC 1~ Y.~- City ~ 1 ~~~c ~i~ ~~~ ~ /~ State ~l Zip Code .~.~ ~y.~ 5. Home Phone: Business Phone: E-Mail ddress: Cell Phone: Fag: 6. Are you a registered voter? ~~ If so, here are~ou registered? ~o~G PR~-c i~vc7'-L'MMAivL~L CAT~~lG 7. '(~1hat Board(s) are you interested in serving? Please list in order of preference: o C 19 C ii!%~ ~' iC~ ~vw/V ~ /~~ o N~ ~'u1'~~~P 8. List all City Boards on which you are currently serving or have previously served: (Please include dates i' IV..D~$' ~ ~ ~r'~ leI'1 "" (/!R/c F pL r C~f~l~ . 9. Educational qualifications: ' !GN Sc ood. GlpA.J~A% 1Pos'~ ~Pf~v.~T' S%!~lrS : ?~!f'ANS /uz~~'!-D I4?! 1,N~ s~ No o l ,~~ . ~ -!v ~ ~A c o:~.~ /~.?~ !vc f~ 1 /rlA~vsrU~ ' SG~Yo o 10. List any related professional certifications and licenses which you hold: A. 11. Give your present, or most recent employer, and position: rye o P/~o ~ T ,~ L ~ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ ~7 ~ ~'~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co ed in this application may cause forfeiture upon my part of any appointment I mal!t~y recnneive. SIGNATURE DA'E`$ ~ '~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~Cr1YCI.ERICIBOARDIAPPLIeATION ~~ L~ T~ 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 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. DELRAY BEACH /CJ ~/~ ~/ ~ ~~~ CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: ]. Last Name: - Rl T I Name iJ M. I. S3 2. Home Address: I Ti ~v~ LEA Ci ~ ~L State ~- Zi Code ~~ 3. Legal Residence: City State Zip Code 4. Principal Business Address: rv ti l - t~Pn-t City Cc~ ~c.~t State L Zip Code 33~+~y S. Home Phone: 5~1 a~`1 ay~0 Business Phone:. ~t5y,3~13,5~'~vx~ E-Mail Address: ~lkw~.~~a+~s~ ,~,~ Cell Phone: ~~~ ~sl Fax: S6ja~JSJb 6. Are you a registered voter? ~~5 If so, where are you registere ? C.._ 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: J~P ~ ~ - D C 12. Describe experiences, skills or knowledge which- qualify you to-serve on this board: (Please attach a brief resume) P v~ ~ E -~ - 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 mss. ~ ~~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~fi~Tlre. E C~~ Y ~~UPPLICA770N ~m ~~~ ~ ~~~ ~ u N - n..~ Zoos cirY c~~~~ Elena. HARTMANIS 75 Atlantic Grove Way Delray Beach, FL 33444 561.756.5551 ehartmanis(a~emiaroupinc. com Employment History: 2002-present EMI Group, Pompano Beach, FL President Responsible for producing weekly radio show Grande Living on WBZT AM; booking clients for radio and TV interviews, Publicizing book tours; new business development; marketing; coordinating special events; pairing clients with local charities and building alliances through community relations and business to business. 1999- 2002 Tilson Communications, Boca Raton, FL Senior Account Executive Responsible for communicating and coordinating national, regional and trade media; client special events and campaigns; booking clients for in-studio and on-.location television coverage. Assisting with- new business development, including presentations and attending networking events. National and local clients include: Mars Music, Truly Nolen, Del Webb Corporation, Office Depot, Fidelity Investments, 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 8 StarAdvertising, 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 1993 -1997 WSVN -Channel 7, Miami, FL Research and Writing Assist reporters, anchors and producers in researching, writing and gathering information for human-interest stories and special reports. Assisting in research of WSVN file archives for information and film footage requested by national affiliates, CNN, "America's Most Wanted" and "Inside Edition."Writing news copy from wire service transmissions. 1994-1994 WSVN-Channel 7, Miami, FL Intern Internship with Kelley Mitchell, News Anchor and original co-host of "Deco Drive. Primary duties included developing story ideas, participating in field interviews with "Deco Drive" production crew, writing news and assisting news anchors Kelley Mitchell, Rick Sanchez and "Deco Drive" segment producers. Class of 1995 Florida Atlantic University, Boca Raton, FI Bachelor of Arts in Communications Courses of Interest: News and News Reporting; Radio and TV Production; Media Criticism; Acting I; Communication and Rhetoric Theory; Media Studies;. Persuasion, Propaganda and Public Opinion. Post Graduate: Meeting Management and Event Planning Organizations: Boca Raton and Defray Beach Chamber of Commerce, American Cancer Society -Volunteer Milagro Center -Volunteer Stand Among Friends -Volunteer DELRAY BEACH `•~~~~ d X e - U Alf-A111e1igC' i ~ ~= ,t^ r,. t j ; __ a-' CITY OF DELRAY BEACH ' ~~--~ BOARD MEMBER APPLICATION! 2 7 ?0~~ 7 993 ~,~ ;, : -~; ~ ~-_ 1:Y ~, 2001 ~.~~ ~ 'i 4..~~_.~._~ F..,-> Please type or print the following information: 1_ Last Name: ~ ~ ~ Name ~ M I. 2. Home Address: ~ L, .,&~ ~j ~ (~ 8 2~ City ,~ ~ ~~ Stat ~~ Zip Code ~ 3. Legal Residence: ~ ~~ City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: ~~t-- .~d~~ Business Phone: )sM ~ Address- ~~oas cam. ~ I ~`-- ~~DY ~e~ Cell Phone: Fax: - 6. Are you a registered voter? t ~ If so,~e~.re are y~r~ ~~te~redj ~--~t~ b ~ 7_ What Board(s) are ou interested in serving? P ease ~ in order of pref ence: ~ ~ ~'~ ~ ~~ ~ ~ ~ Q~ ~ ~ ZQ I D`~'2 8_ Last all~ty Boars on which you~ue ~ gently serving or have previ~~ou~sly served: (Please include dates) 9. Educational qualifications: Q ~ ~ F ~ ~ I 1 ~ ~ ,_v 10. List any related professional certifications and licenses which you hold: ~ ~ -~ ©~ O ~l- ~ ~ ~!~ 3~ .~~ ~n ~~v ~a e~ Lr~ S~-l-~ 11. Give your present, or most recent employer, and position: - 12 Describe experiences, skills or knowledge which uglify you to serve on this board: (Pl a attach a brie esume) I hereby cet ~ e a o statements are true, and I agree and understand that gay misstatement of material facts contain in this appli n cause Forfeiture upon my part of any appointment I may receive. ~1 Co -- TNA'1'[ 17A"I'E Mote: This application will rPrr.ain on file in the City Cierk.'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. S1.C(Ty(ZP.RR~BOAR17UpYLi('.A1iON ~~ ~I~~ 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, property owners and tenants & negotiated more than $2,500,000 in Retail, Industrial and Office Leases and Land and Building sales. 1975 - 1985 ~T. CHARLES MFG. CO. St. Charles, IL 1974 -~ 1975 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 1985 -Present LICENSES & DESIGNATIONS & MEMBERSHIPS Mortgage Broker License Commercial Property Management Community Association Manager License Real Estate Broker License Real Estate Broker License CITY GOVERNMENT 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. 2004 -Present Board Construction Appeals {Vice- Chairman Delray Beach, FL EDUCATION 1969 - 2007 CONTINUING EDUCATION CLASSES Real Estate Broker & Community Association Manager & Mortgage Broker 1984 -1986 UNIVERSITY OF CALIFORNIA Las Angeles, CA. Property Management, Marketing, Finance & Appraisal & Business 1969 -1974 UNIVERSITY OF ARIZONA Tucson, AZ Bachelor of Architecture JAMES 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) (Buildin Design & Site Planning); Comeuter Proficiency (20 years) Excel, Word; Sales, Construction (5 years}; Corporate Business -Management, Sales, Marketing); Property Management (17 years) Commercial & Single & Multi-Farnity; Real Estate Broker -Licensed (22 years) with S 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 1,400 housing units. Successfully negotiated and monitored the completion of four (4} 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-story 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 atl the "on-.site" property management, sales and leasing efforts fora 40 bay 95,000 square foot Office/Warehouse building. i n •. ri Ui%:J%U7 6lUN Uy:Utl r'A3 581'_'9 DELRAY 6EACH ~ o • o ~a~ r - 1993 Zoos '•~hI'~.'IV,'r,rr ~., _~~~~i 11 .=f ~.~/~:~I. 1149/IV~~. i~n1=Fl U:i:,~~l:i r _ 74 CII1 CLERK ~] 004 ~,,.~ ~. i ~ ~ °° CfTY OF DELRA,Y BEA~H BOARD MEM6ER APPLICAT~7~1 207 ~iT`~ ~~LE~K a'3~ Plca_se tune or onnc the followme tnfor~nation: 1 _ LasC Name: ~ ~ ~ - _ ~_ As~~rn~-~ Name r~ r~ e-ci M I- - T 2. HOIIIe Addr~SS' l Z-2 ~- ~a• c~ s~1?~e-~ tatty ,e u ~R~~ State ~- Zl Co G ~3 3. Legal Residence: S ~}-~ -~ _ Cit}~ Stau 'Lip Code 4. Principal &tsiness Address= ass ~ c ~ ~ ~~ City ~~-~- ~-~ State ~ -Zip Code 333 5. Home Phone: ~6t-g7~--v8 BtL~iness Phone: S (~-33~~~4 E-Mail Address: Cell Phone: m t~c,~ - r~cs~•~z~Ne a,-,~`'-~t S5 Fax= ~6~ -3~-~a y b_ lute u Birth --z L < < ~S 7_ Are you a registered voter? If so, wlsere are you registered S. What d(s) :ur you iaterr fed .i ser4ing? Please list in o r of prEfetznce: 9. List ~GJt\yBoards nn ahiclzy~tt aq~ c~trre~ttyscrVing h~v~evi~o-v~s-ly_~ervcd; (Please include d:-tcs t. S ~~ L 1•~p(~~, ~j C~ _- 10_ E a=ion. ~ icatio,ar-: ~~~r v~,~ ~1 ~~ N t'~.. c ~~~r~`C~ I1. List any related professional certifications and licenses which you hold 12. Give your prt^senc, or most recent employer, and posiQOrc .C~ 13 e experiences, stall; or kuoevltdgt which. qualify you to serve on this oa.rtl (Please attach a brief resume) a ~-..Q I ere y ce ~ the ab svtemenrs are true, and I agree and unders'catltl di:3t auy~statemznt of material facts co li n may tau e torfetmre upon mypart of any appoirttment I y rere}ceive_ ' ~ yj~ ' 7~ SIG DATE Nort: This apphcaTnon will remain on the in the City C:lerit s t~tttce for a period of ~}'eats from the^ 4ate it was fl1~TTl R~?~1 1r ~)T~~ f~l~ (~a~ 7r1T'~!'~f Tf ~ vhf ~/~nf~~1~.T~7~1 n~P..~a ~L.~~. rte. ~rrc~~~ ..~~t. i.~ •~~. •I' ~~• `,la /-l'Jb-LIal~4 I kJ : 1 SAM rKUM IVI,J 5b { ~~t0 /b4t1 Y'. ,5 Kenneth T. Kaltman National Compliance Services 35S NE 5cn Avemie Delray Beach, FL 33483 1994- present 1982-1994 - 1978-1982 - 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 Finance/University of Tampa NASD Exams - Series 63, Series 7, Series 24 i a ~o ~a i o a1-prt~icaCity ~ ~ ,® 1993 200? ~~~~~~~~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATIO'I~ ~ ~+ 200 1~~ ~"~~ Pleas_e~e or~rint the following information: .~iy-~ 1. Last Name: K ~ Name ot~u~ M. I. 2. Home Address: 5~ ~ ~ -~t, i/~-_ City ~~2it~ bE~ra State Fi- Zip Code 3~f~ly 3. Legal Residence: 5rh~t City State Zip Code 4. Principal Business Address: 399 .rJ. ~+tzw,~,-ra (~ R~ , S'r-cr ao~ City ~ ~ ` ~vc,L1 F-c~~N State Ftr Zip Code ~3~37~. 5. Home Phone: ~~~ ~~y-sgy9 Business Phone: (~~) gaa-~y~ E-Mail Address: ~~-t~Ga~o~@ zKFlrc.-rr.c~ Cell Phone: Fax: ~~~20~-~~ 6. Date of Birth /o ~a 9 ~/9~o 7. Are you a registered voter? If so, where are you registered? Y~ s 1 g~9 7~L~ $ct1. ~t2oPlc. ~AI.W-s 8. What Board(s) are you interested in serving? Please list in order of preference: ~ ~ Z i3o~, DD~4, cer~ 9. .List all City Boards on which you are currently serving or have previously served: (Please include dates) ~~ Z, 13pf4fL~ 's~bL'~ - s~bl)!a 10. Educational qualifications: ~, d , l~oL tTl Giq-L SC,t cN ~ c " ,~1 S I~c~C.'tzJYL~MT~ 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) €5~16t7; ~N ~l L~: I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. y sr,~ f ~~ SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. Jo~zv~ ~NCAmE 28 W- Flagler Street, 1 I.` Floor, Miami, Florida 33130 PHONE: (305) 371-9661 -FAX: (305} 374-405$ E-MAIL. i.lci~icaide(~~~lkfirm.cc~m PROFESSTOi~,~li.. Tti~iPERiENCE 2003 to Present LOC:KE & Ki.NCATDE, LLP MIAIIll. F1017da I'(tCt1lE'-!' Specalzi~ig i.u eatploylnent law, contract disputes And general cotporate/aduiillistratit~e law. 1.998 to 2003 AIL-ERR'LAN, SEl`1'fERFITT & T~,T_DSON, P.A_ Miatlai, Florida .4ssnciate Corporate Depart~neru Negotiated AIId sRuclured mergers and acquisitions of bu.Kiness entities; advised clients nn general corporate Law, employlnetu. ruatters, applicable regulatory and administrative guidelines; drafted gey~eral corporate documents, acquisition agreements xnd related documents; drafted co~IUtterciat. docuo~e~ats. Fall 1997 FT. LAUDERDALE OTFICF~ OF THE CIT)r PROSECUTOR Ft- Lauderdale, FlotidA L~iH~ C'!e+-k Researched appellate, evidentiary and constitlltionsl issues; drafted legtll IIIem01'anaA, ossivted City Prosecutor in trial preparations. Summer 1.997 FUURTH DISTRICT COURT OF APPEAL West Palm. Beach, Florida Si.rnrtrrer Iritr'.r-n /or Judge Tf" Matlhera Stever~.son Reviewed Appellate briefs; researched alld drafted legal memoranda, dt'afted legal opir~ioa. EDLfC.:t,TION Unversi_ty of Niinmi. School. of Low, Corral GUh(es, Florida T.D., May 1998 1998 Outstanding Yotulg Men of America 1.99£ Litigation Skills I-iollors AwArd Florida Minority Pa~ticipatioa~ iu Legal Educati:oi~. Scholar University ofMianti Scholar Phi llalts Phi Legal honor Fraternity . Freaideut, Cluistiall Legal Society Florida Atlantic University, Soca Ratan, Florida B.A. iiI Political. Science, Twee 1995 Pi Sigma A1ptls, National Political Science Honorary I3AR ADMISSION Florida Bar, October 1998 CLIENTS REPRESENTED TLIZ Rickenbacker Collections C}coup, AntoNatiou, Inc., Republic Services, lac., KellStrom Industries, Medical Ivlanager Coryoration PROFESSIONAL ASSOCIATIONS A~nericAU I3ar Association, Natio~lal. Bar Agsociatioat print • combine multiple documents • return Link to Board Certified Attorneys Florida Bar Attorney Profile Attorney Number:__ 155802 Member in Good Standing Johnny Kincaide Jr. Johnny Kincaide, P A 28 W Flagler St FI 11 Miami Florida 3 31 30-1 89 6 Phone: 3051374-6518 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:1/www.flabar.org/tlb/webadmin.nsf/PrintOrEmailF?OpenForm&Action=POE&iJRL=... 3/ 16/2004 q({RAY SFJyCH- - _ I 7 Cto 1993 2 (-01 I'Icase cwt or I~tl.,r. t~ 1. I~st Na7MCs I. HOtLG .tSi ..... ...., r ti . ... . . ~. a t o \. L4 M CITY OF OELitAY BEACH i3OQi~D MEMQER APPLlCATlON ::n fu cuu-aou N'a a. Ptinci al~ ttsir+.cab dc~e,s: ~ ap ~ C~cy ~-~-~• a~ d --~ ,,~ ~~~~ ~~ ~~~ *-• .rte --- l ~, # ~-- -,; L .. ~~ ~ l~t(~ ~^~ 1• ~>~j1jC - F~~ p1 { ~~~~ Srar•_ i 1 i~ Cot,. Stn.tt ~~ G:.dF 1 r~ 5. I Ioma Phone $,isiocas .hour.- • ~-I~Ir.il Addresa: l:edl r'honc:.`- -- l`ea. ~___._-_-- ~- Are ou a tr cerP.~ vo~? ~- a~~~ ~-?,(,~-(~s P 6'b If sc}, whet ~ u regiaccred~ tt . -•- Y~1 n~r.1:':\ arm ~.~...nr....F.-_.l :~ .~.-~u~~ 7`I~.., l.a ;~, -.~wT°~.. ~C' ceccnr~ _... __ _ ;S_ 'List. i31 Cicv 13onrds oa rich you ue cut'rCptjy secsing or haa~c preciously Sorrcd~ (Pl~as~ iacrltt~e darts} ~ ~"-- Fsiuca - -- ^unLticitsvns- ---------~--- - -----_._.--- --•-~ ~. _ _ L0. List uiv rclatcd p ofcssi~nei cctn.ficaciuns anti G.ceuses ~vi',1ch ~ ott hold:~~ ____ x 1. G1vG you. P,TCECtlt; Ol ^1~SC t~s~:71t ~pluycz, and yo ~tiott ._-___ ~_-,.~ Iu.aR. ~ ~ ~. scn'a.: esQ~Ulcca_ kids Jr 1cAowle ?c ~uliicli qusl:fy }`vtt to s c oa this bow (I'l atrach a l,uef tcs,autc i -^----r~------ o~t -~4.~~ 1~,..5.__{_~-~~?~.~..~~ _S~.i ~,uu~ to l~.~ut~ (34 ,~_ t t,ri~(,,- ,;G=~~ fll:iC ill tlit a'~OVC .ULL:3l]tlIIL xLC tLllc~ :tL.tl ] ip,[cc aad u,uierstaad that arty' musutt~nPa~t of m~tez~l fticts co :tai:te~ u~ t(his~applicatxon. a~a~ u~,sc EQrkeitutc v~pon ms S•art u ~~ auy ~~oiutmcIIC I tasty tecetrc_ MATE Nutt ~• appiic}atlor~ trill Lr11:.gjJ1 OQ Eili. i,a ci-.c C1t~ C:lerlt's Office faI a pCZS<',~l of 2 pta~ Frutn. rL• e date ir. n~as , ,uomittc~rl_ It will be chc a . pEilC.illi- S tCS~OD:yY~lll[t`~' tt] epSl]rC [~t a n?rs!nc sz~~li.~n~n sv ora E.lt~. neat.: „R~-.uo~ran...rtu'w:tt~ n~ MUK Property Management, iinc. Page 1 of: 3 ~~, ,~, ,~ ~ ~ ~ _ „~~ .mow ~ ~~ , ~ - ~~ ~- ~ `.~... _ ~Ian~~rment Bich` James M. O'Brien President Professional F~cperience: ~,, • Over thirty years of hands-on experience in Property Management, Leasing, Marketing, Tenant Improvement and Construction Coordination in the Northeast and Florida markets. • Primary focus on Office, Industrial, Retail and Mixed-Use properties. • The management of asset portfolios with a diversified product type and quality. • The management and supervision of fee managers and leasing personnel as welt as directly employed managers and leasing ~*~~ agents. 1~ ' • The development and implementation of asset redevelopment r3row:rtr ~v,~,.,#sr-R..~~t. rte. and enhancement programs. • The development and implementation of investment plans and the on-going management of investment and operating budgets. 1999-Present M.O.R. Property Management, Inc. Delray Beach, Florida 33483 President BeachPlace Fort Lauderdale, Florida General Manager Responsibilities included the overall day-today management of a 100,000 square foot Entertainment Center with an attached 800 car Parking Facility and a 400 room Marriott Vacation Club International. Primary functions included the fostering of strong Tenant relations as well as the retention of desirable Tenants compatible with the Entertainment Center concept. Additional responsibilities extended to the production of maximum net revenues, cost control and analysis of the operating statements to enhance ways to improve on revenues and control of costs. Oversee the internal accounting, marketing, security, janitorial and general maintenance of the Center. l Codina Real Estate Management, tnc. http:/lmormanagement.com/bio obrien.htm 3/24/2003 MUlt Property Management, tr~c. Page 2 of 3 Coral Gables, Fiorlcta Vice-President Responsibilities included the management of an existing portfolio ofi Commercial Real Estate properties, Investment Sales; Syndication of New Partnerships and coordinating the formation of new Joint Venture projects for the Codina Group and its affiliates. 1988-1996 PF#C Realty Senrices,lnc. t=ort Lauderdale, Fioricta Partner Director of Management, Leasing and Marketing#or PFK Realty Services, lnc. (Please see attached Curriculum Vitae). Additional responsibilities also extended to fVlanagement of Tenant Improvement Construction for the Company. American ~ector>ncs .Southeast coca Raton, f lorida Vice-President Director of Management, leasing and Marketing_ services. Responsibilities included the management, leasing and marketing activities for a regional Commeraal-Real Estate developer in South Florida with over 1,D00,000 square feet of Commercial space either existing orunder construction. Additional responsibilities included the long-range planning fior the management, leasing and marketing of future Commercial industrial & Retail Developments, as well as the oversight of all Tenant Improvement Construction projects. Jofinstowm American Companies Consolidated Capital, lnc. A#lanta, Georgia Vice-President Director of Management, Leasing and Marke#ing and Tenant Improvement Construction, Boston, Massachusetts's regional office. Responsibilities included over 1,000,000 square feet of Office /Retail space loca#ed in Massachusetts, Tennessee, Connecticut, Michigan and Georgia. Personal: Real l=statE BrakeT, i~Faissachuse~tts Real Estate Salesperson, Florida B.O.M.A. Past President, South Florida Chapter Education: Milton Academy, Milton, Massachusetts Trinity College, Hartford, Connecticut BA History htip:>/mormanagement.com/bio ~rien.htm 324/2003 Please " or rinrtbe folio rnioananon: u_ i_ . .3_ LayrNaurc Name Kenneth -. Peltzie - ~: Sta Zp Lodz : . ~~ ~ r} 334as `..." Delray Beach 2.. Home Address: 22b0 RabbitHollowe Circe ~~, State ..Zip Gode.. ; -3; Legal Reaidencc: a " . ...: me -o - S 7_.ip (' tie' . ~ C-icp --..,. ---__ .... 4- ptiuc:ipal Busiawa Addrea~: - _:~:.. ~-- Cc11 Vi,nn-~ ~ Far.' 5: - ~l~arxic I~Iionc:. Bvsmess Fhouc: - E.-Mail Address- (~6 ~~ _ - ~ - " - - _. ~ . kDeitzie(g~yahoo.com - . _ 561-d98-d76d __ r6. ire you- rots Gd v ter? . ~ " -• " If sq where ate you regxsre.rrd? . . ~'e5 velrayeach; Florida . _ 7•; 17Phat Boacd(s) arc you inrcrested in serdireg? Pleast lis[ in otderof prcferzucc " " Downtown Development Authority, . P 1 o r.•:•, : o~ ~ ~ ~ -~• - Q $ aO''`d ~~ R A S. Litt'all City Boards oci which you..are cuacndy suing or~have Frcvivusly served-. (Plensc include date9) ~ _ ." -Planning and Zoning Board 8/15/OO.to current ". 9, g~ucadonat qualifications: Masters in"Public Health/Administrative.Medicine - ~10. List anp .rcleted professional certif;canons and licenses which yoit.hold li: Give pour p=es~: or most rccr,nt emp'lopes,•and positxoa: ~ ~ - Vice Pres-dent, Whitsyms Nursing Ltd ~ . - 13 Describe t:rptricnces, aldlls or lmowledge ~vlucb. ciualify you to serve on this beard: (}'lease attach a bcicf resumt) ~" . nmm~nity Planp Fo ~ Year ex erience in Hea h .care " m" - :an__aaci~----~ ~9-.= ' Setve~d as an officer and Boarlnt~°r of a'nrrmhPr of--rnmrrtrtnll'~r.nrnani~p[]S I lirrct~y axrticy tlnrl :11 rl.e above sra0cmeats arc ts,ae, and I spec aad vnc~cse:taud rhnt auf rzuseracu,~ear of rr~teri.-1 farra contained in eLis application~y cause forfeittrte upon my pact nf.aay appointmznt I mayreceivc ' , ~i )) - ~~' : - r E~t - DAT S1GN RE ~~ ~~ " .. _~ • : =: l Note ?his application will remain ota ;file in the City Clesk's OflYCe.for- a petit-~d of 2 years .frorri the dare is alas " . " ~. ~ i .. ~ submitted. It gill be dtc applicant's responsibility ro .ensure that .~ ctureni application i sK.m~i~o-~n~rrti~::zwi+ . ~ • Sunday, May 16, 2004.max KENNETH GERALD PELTZIE 22b0 RABBIT HOLLOWE CIRCLE DELRAY BEACH, FL 33445 Sb1-498-47b4 GENERAL PROFESSIONAL EXPERIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Consulting Firm} Federal Government Health Care Program Analyst SPECIFIC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida 1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-1986 President, .Affiliated Hospitals of Indiana (a network of 18 hospitals in central Indiana) 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 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) 196f-1966 Budget Examiner, Bureau. of the Budget (now the Ofhce of Management and Budget) Executive Office of the President, Washington, D.C. 1958-1961 Administrative Officer,United States Air Force Hospital, Dyess Air Force Base, Abilene, Texas. 1957-1958 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC ExPERfENCE B.A. College of Liberal Arts (Biology and Psychology), Washington University, St. Louis, Missouri, 1955 Graduate Studies (Industrial Psychology), Psychology, Graduate School of Arts and Sciences, Washington University, 1956 M.S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PROFESSIONAL MEMBERSHIPS American Hospital Association -Personal Member American College of Healthcare Executives -Fellow International Hospital Federation -Personal Member Community .Activities Palm Beach County Health Care District, Finance Committee Crossroads, (Substance abuse support Center) Past Board Palm Beach County Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board, Member and Vice Chairman HOPE Project (A not for profit organization providing free mammograms), Board member and Treasurer. Deaf Service Center (A not for profit hearing loss support organization), Member of the Board United Way of Palm Beach County, Member of the Finance Committee. Leadership Palm Beach Rotary Club of Delray Beach, Member and Past Treasurer ad-~c-2~1C9t=, 1b: 1$ FPf_119:I'1i=iC I'1IL~HF! ;THt~ILE'i' ~~b1c«x^~c 1 Tel: c ~ f7=1 F'. c ."3 DEIKgY BEACH o . "" OF DELRAY BEACHREGEIVED r CITY 60ARD MEMBER APPLICATIC~,~~'6~2006 1993 yoo~ CITY ~C// E ~Lm F, .llr...r..~rv i~Fr trmal'1(ltl' _ ~ i. 5,[ Nam ~: S 2. Home .Ad c s: ~i~n 1 ~ ('_~ ~ " l Srate 7' C"ode 3. i:.cgal IZesitjcnct: CitS~ L ~~~ ~ >u[e Zip Cock ~~~~~ d5 4. I'1_inCipal Business ,4ddress= Ci~cy g ~ ~ ~ '" ~~ Stars Gip C~~dc - ~ Y / v `~ t ~- nc.s l e: ~u T-Iume 1'hon 5. c; : Cell 1'I~<~nc: d I css Phi~ne: E-1~1ai1.'\d i'ati: (i. ,re you a rrgi: creel voter' f-~S l t ~o, whe e arc your ]sccrc ?. ~X/]tat Bc~a (sl arc yo~n~ct~ cecl it~s~~l};.' Please list in e,tdet cif prefect cz: ti, List all City Rr,ards un which Yi .u ace ~-turcndy ~cr.-ing oc Have rtct;c,usly scivcd: {T'Icace include d1tts) ~l. Fducadonal gaaJi 111. 1 .ist any rel~te.d profcssion3l Cctyifications and licenses which ~tou bold: 1 1. ~rrvc \'6llI pLZSC:IIC, ox~losr.~:ceer~t employer, and posiric~n: 1 _'. Dcsedbe exncti<nL~s, ;kills or l•~wledfic which yua]ify you to scivc on dus h~~:;rd: (Please ac~ch a brief rc5cune) 1 herby ccrufy chat all lie ahcve s~accmcnts arc uoc, and ~ agree and undcrseand chat a~ly mi:sclccmcnc of mausia) .ftcls conc-~ine ~ .:;non > Zusc forfcia~re upon »ly part cif atly appointment T m;ty receive- .ly .1RE Dr~1T Noce: us iyi xcmain on file ui die Ciry Ucrk's Office for a period ok 2 years frottl tl-e date is vas silbntitted. 1[ will he the apFlicant'S responsibility to ensu,:e that a current application. i.s nn hlc. S'Ltr, c.tt&KUUtnRLnU'PLICAT4>N MY1-:'C:.j-~t_U_I ( 1~:1: 1. ~ f't'.7J1'I: I'M~_ I'IlLLHf 1 /. '_~ 1 H( ILt ~ `,b1 C: (hi_irfi_il I I_t: G--F.j._`~ (' (-~ I-~. 1 ~1 Lam- Q~~ices Ivfa.cl~~vllan ~~ titaxlley, l'.LLC 29 Noitkca.t ~<)ilrl:~1. PVeni1C llc~xzv Bcac~i, ~;E='lvricla 3:3483 Telephone (561} 276-6363 Facsimile (561) 276-8881 macmiltanstanley.com Carol MacMillan Stanley` Thomas M. Stanley 'Board Certified ay Florida Bar In Wills. trusts and Estates, Real Estate 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 (1918 - t896) 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 8. 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 I hope this will aid the Commission with the appointment process. Yours very truly, MacMillan -_.._. Inas M. S TMSlsmt C~~e~'~ ~~~~ pPR 2 3 2007 ~1~i Y ,~L>~~~ Serving betray Since ~9d6 1_q 1-C-~S-~~~'_• 1r'.: 19 FF.'Ot9:1°tti~:: t•1ILLHt I =;THtlt_E'," ~nlc r.t~« ~=:1 TO: ` .~,3TT-! MacMillan S Stanley, PI.LC MacMillan 8 Stanley Building 29 NE 4th Avenue Delray Beach, FL 33483 Phone; (561) 276-6363 Fax: {561) 276-8881 tom@mac millanstan ley.cam "'~'~0111SS ~• ~11~ F'_._ _ ~~~~ 1995-1999 Princeton University Princeton, NJ Et.O. NLatarY 1999-2002 Florida State University Tallahassee, FL Juria Doctor p~8lnnal 2002 -Present MacMillan 8 Stanley. PLLC Delray expe~f~ca Beach. 1=L Attorney Level 1 Title insurance Agent Will, Trusts and Estates _ Estate and Gift Tax Real Estate closely held corporations condominium taw p~~l Member of the Florida Bar: American -Bar Association; Delray Beach Chamber of Commerce; Chairman's Club; 6oca Raton Estate Planning ~~~~~ Council; Palm Beach County Bar Association; Delray Beach Historical Society; Palm Beach County Historical Society: Member 'of Real Property and Probate Section of the Florida Bar; Member of Elder Law Section of the Florida Bar, DELPAC Objecthra 1 am a Delray Beach native and have a vested interest in the success of Delray Beach as a downtown landowner and businessman. I feet 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- OGi1G;oG FRI o3:47 FAQ 5612a3377a CITY CLERK DEL4tAY S~ACH r ~ ~ ~~ fl 1993 2 QOl Tl . -- l~joo4 CITY ~F DEI.RAY BEOCH ~ ~G~1~1Et~ BOARD MEMBER APPLICATI~l~I 19 2006 ~uN ~~~~~ rl,o ~ il.-..oir,.. in~nrmafinn- ~~~~ ~//~ v 1 lVi~~a. --- -_- 1. Last Name: C J e ,~ e ,-.s ~ Name - _. ~e- ~ M• I- 2. Home Address: -z Z s - ~ i 3~ % _ C ~ ~ ~ a--~ c3 ~, Stale ~ ~ Z1p Codc 3 3 ~_ L?gal Residesace: City State Zip Codc. 4. Pnnoip:il Business Addzess: City State Zip Code 5. Home Phone: SU~)21Z-lyll Bu6iness Phone: ~~:J 2~$- ~~'~ E-NL~iL Addz~:sy: ~erm~,S~e~ .~~ CeII Phone: ~~9 ~'1~1~ Faa: g~-! -v8'g7 6_ Arc you a registered voter? If so, ~uheze e you rtgist~red? ~- 7. What B sod(a) are you iutae:,ced in ses~ing? Please list u~ order oaf prcfcrcgcc ! ~ ~ t R. 4 l ~,J o. List all City Boards on QThi~h you are cvzseudy sr_tvin or have prePi usly s_ cd: (Pleisc include darts) ~v r~ w r\. ~rc ~ ~~ 4hG.. .~` 9_ Educa[ioual qualifi~tions: (~ A e 10. List azty related p=ofessional certificanions and licenses which port hold 11_ Live your present, o= most teceut etnployez; andposicion_ e ~ ~ r~ to e~ - ~ , 12. Describe exprsicnces, skids oz knomledgc which qualify you to serve on this board: (Please attach s hacf resinie) -~ ~. LT I he tby c~tdEy that all the above statements arc- taste, and 1 agree and understand that any misscarcnient of matcnal facts nt ~ ed in this applicatio ~~u_Se fotfeintre upon my part of atzy appointment I may receive ~ - t - c~~y ~I NATURE ~~~ Notz "1'bis apphcanon will =en,~i„ on ]]le m the l.lty ~,ietx s vrace io= a penoa oL . y~un u~,.,a u.~c ua« ~~ w~~ submitted- It will be the applicant's responsibility to c~s>2re that a eurtenL application is on file. SAC C[YCL ER~'\B~OA K G~nYY C1C n'[IO LItLKHT t3tHLh LKh Jun 16 04 l0:lla ~b 1 ~ rba~5a Herman Stevens, .!r_ 75 Southwest Fifth Avenue Delray Beach, Florida 33444 Telephone_ (561 } 278-1988 EDUCATION: Mercer University BA Political Science Macon, GA Southern University Juris Doctorate Bacon Rouge, LA EMPLOYMENT: Present Law Office of Herman Stevens, Jr. 75 Southwest Fifth Avenue Delray Beach, Florida 33444 Feb, 1996-Jan, 2000 Assistant Public Defender Defense attorney for indigent clients, I handled misdemeanors, felonies and traffic crimes. Jan, 1994-Feb, 1996 Assistant State Attorney State Attorney's Office p. a p.~ 'References provided upon request. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERG~~ DATE: JUNE 15, 2007 SUB ECT: A ENDA ITEM # ~ - RE ULAR MEETIN J APPOINTMENTS TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Police Advisory Board. BACKGROUND Karen St. Fort and Altanese Jean-Louis are student members on the Police Advisory Board. They both have graduated high school and therefore, are no longer eligible to sit on the Board. This creates vacancies for two (2) student members to serve unexpired terms ending December 13, 2007, and December 13, 2008. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: Vanessa Francois Student Grace Maybee Student A check for code violations and/or municipal liens was conducted. None were found. The applicants are students and are not eligible to vote. Based on the rotation system, the appointments will be made by Commissioner Montague (Seat #4) for one (1) student member to serve an unexpired term ending December 13, 2007, and Mayor Ellis (Seat #5) fox one (1) student member to serve an unexpired term ending December 13, 2008. RECOMMENDATION Recommend appointment of two (2) student members to the Police Advisory Board to serve unexpired terms ending December 13, 2007, and December 13, 2008. n~~n~ POLICE ADVISORY BOARD TERM EXPIRES NAME & ADDRESS TELEPHONE 12/13/07 L'Tanya Allen Work: 688-4394 Appt 12/13/05 1014 Mango Drive Fax: 688-3559 Delra Beach, FL 33444 Cell: 699-1957 12/13/08 Annette Annechild Home: 330-2903 Appt 12/13/05 300 N. Swinton avenue Work: 330-2903 Delray Beach, FL 33444 Cell: 202-285-2035 Fax: 330-2925 12/13/08 Sharon Austin Home: 276-5965 Appt 12/13/05 220 NW 7~h Street Work: 276-5302 Delray Beach, FL 33444 Cell: 279-6661 Fax: 276-6474 12/13/08 Joshua Bressler Home: 498-9733 Appt 12/13/05 2235 Rabbit Hollowe Circle Work: 912-7030 Dekay Beach, FL 33445 Cell: 917-969-4343 Fax: 912-1747 12/13/07 Joseph Ferrer Home: 276-8085 Appt 12/13/05 1420 N. Swinton Avenue Work: 278-7677 Delray Beach, FL 33444 Cell: 315-2800 Fax: 276-8740 12/13/08 John Jackson Home: 272-9629 Appt 12/13/05 309 NW 7~ Avenue Cell: 706-3428 Delra Beach, FL 33444 12/13/08 Jose Herrera Home: 561 498-3109 Unexp Appt ov/zo/o~ 14897 Whatley Road Cell: 561-644-7573 Delra Beach, Florida 33445 Frank 41 Bellsouth.net 12/13/07 Jose Ramirez Home: 276-3396 Appt 12/13/05 1107 SW 9~ Avenue Cell: 251-9919 Delra Beach, FL 33444 Fax: 278-3706 12/13/07 Charles Ridley Home: Appt 12/13/05 137 SW 12~ Avenue Work : 305-237-1634 Delray Beach, FL 33444 Cell: 577-5416 Fax: 305-237-1301 chuckh holida or .com 12/13/08 Jimmy Weatherspoon Home: 278-8779 Appt 12/13/05 130 NW 8~ Avenue Work: 265-3318 Delray Beach, FL 33444 Cell: 441-4563 Fax: 274-7087 12/13/07 Shelly Weil Home: 496-0549 ApptO]/17/oG 925 Greensward Lane Cell: 573-9355 Delra Beach, FL 33445 12/13/07 Unexp Appt (Student) 2 YEAR TERM Vacant 12/13/08 Unexp Appt (Student) 3 YEAR TERM Vacant ' OILRAY BE,4CH ~I ~ ~~~~~ aMac~y CITY OF DELRAY BEACH suN ~ ~ 2007 ® BOARD MEMBER APPLICATION~1`~ 1993 2001 ~~ ~/~ PIPacP t,me car mint the fi~lhwina information: 1. t Nate: Nam ~ M. I• 2. H . e Address: ~~a~ ~" qtr ~- Ci l~ t h ~taie j--t Zi '~d~e 3. Legal Residence: ~ -~ r tty ~ i ~ n State -~- ~ Zip Code ~~~ 4. Principal Business Address: a~1~5 ~i~ ~ ~1 ~~' Ciry ~Ir~~. ~l State ~ I Zip Code ~-~ 5. Home Phonne: ~ ~~OU1 Business Phone: E-Mail Address: Cell Phone: ~ i ~ -~-l~~l Fax: t (~ 6. Date of Birth 7. Are you a registe~rerd voter? If so, where are you registered? 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) t~O 10. Educational qualifications: 1 ~ fir' t ~~ ~. 11. List any related professional certifications and licenses which you hold: C~.~r iY Y • b ~ ~ I ~l l ~ ~. 1 ~ ~ ~ ? ~~ 1 Give your present, or most recent emplo er, and position:.' '~ r ~ ~~1 ~ ~_ 13. Describe experiences, skills or knowledge which qualify you to serve on this oard: (Please attach a brief resume) ~, ~ ~l 1 J C~I.A ~~~~ ~ . I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts c n ~ned in this a cation t~y cause forfeiture upon my part of any appointment I may receive. L~ ~~~ / S GNATURE DATE Note: This application will remain on file in the Ciry Clerk's (~ttice for a period of L years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. Vanessa Francois 3727 NW 8th Street Delray Beach Florida Education * Junior at Atlantic High School * Criminal Justice Academy *'3.0 GPA * Honor Roll * Achievements awards * Safety Patrol award *Certificate of attendance Volunteer • AVAD walk-a-ton • Children Nest daycare (2 years) • Delray School Aftercare (1 year) • Delray Medical (6 months) • Altar Server at a church (6 years) • Saturday School teacher (1 year) Experience • Sal's Italian Restaurant 4801 Linton Blvd #12a Delray Beach Florida Chris (561) 637-1692 • Delray After School Program 510 SW 8`h Avenue Delray Beach Florida Ms. Pearl (561) 276-4880 Skills • Bilingual (English and Creole) • Computer Skills (35 wpm) . ~EUU1Y B~ACIi a~-ame~ac~r 1993 2001 REGE iV Ep JUN 0 5 2007 CITY OF DELRAY BEACH G1TY ~~E~y( :,,¢QR .MEMBER APPLICATION ~~f~° ~ Please type or print the following information: 1. Last Name: ~y Name M. I. 2. HomeAddress:~ ~,(~ ''(('' , City ~ Sta ~ Z~ ode 3. Legal Residence: ~~4 ~nR~~ City ~ ~r ea~~ Sta ~c. Zip C e ~~-~ 4. Principal Business Address: ~~~ ~ ~ City e~ ~ State ~~ Zip Code ~3~ 5. Home Phone: 5 -- 32 2 Business Phone: E-Mail Address: Cell Phone: Fax: e ~ ~ I ~7co-t~3 6. ate of Birth ~i~lgo 7. Are you a registered voter? I so, where are you registered? N~ 8. What Board(s) are you interested in serving? Please list in order of preference: irce 9. List all City Boards on whi h you are currently serving or have previously served: (Please include dates) t1e ~ ~q,r . 1 Educational qualifications: ~ ~ ~ ~ ~ ~ („ r' ~ ~ 1. List an related professional certifications an licenses which you hold~uY e tC cD r U 1 ~ I ic~ a 12. Give your present, or most recent employ ,and position: 1 ~ ~~ o ~ Z 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) a ~ ~ ~ ~ Ica e~ a+ la I hereby certify that all the above tements 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. ~~.m~~. 5 !3~ ~1 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. Grace Barbara Maybee 5147 Madison Road Delray Beach, Florida, 33484 (561) 376-6364 Skills - Able to type 40 WPM - Computer Literate - Able to multi-task - Sociable, able to communicate with people from all walks of life - Experienced Leader - Able to exercise good judgment - Able to easily balance, schedule, and complete activities in an orderly and timed sequence Education S.D. Spady Elementary School (Montessori Program, Kindergarten-Fifth Grade) Carver Community Middle School (International Baccalaureate Program, Sixth- Eighth Grade) Atlantic Community High School (Honors Program, Criminal Justice Academy, Ninth grade to Present) Community Involvement/Community Service in the following areas - International Baccalaureate Cultural Festival - International Beach Clean-Up - Howard Allen Art Festival - Downtown Delray Traffic Control - Karate Exposition - Red Cross Blood Drive - Delray Beach First Time Home Buyer Exposition - Youth Fingerprinting - Neighborhood Hurricane Clean-Up Achievements - A!B Honor Role - Participant of the Florida Public Service Association - Certificate of Completion for National Student Leadership Conference - Lieutenant in the Criminal Justice Academy Work Experience - Subway Inc., October 14-December 27, 2005 - Doc's All American, August 3-December 21, 2006 - Babysitter, since age 12 to Present MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS THRU: CITY MANAGER FROM: DOUGLAS SMITH, ASSISTANT CITY MANAGEI~~.- DATE: JUNE 15, 2007 SUBJECT: L APPOINTMENT TO PALM BEACH COUNTY HOMELESS ADVISORY BOARD ITEM BEFORE COMMISSION Consideration of the appointment of a member of the City Commission to the Palm Beach County Homeless Advisory Board. BACKGROUND On May 1, 2007 the Board of County Commissioners passed. a resolution forming aCounty-wide Homeless Advisory Boazd (copy attached). The resolution established a Core Member Seat on the board for the Mayor or a City Commissioner from Delray Beach. The term of the appointment is two years with no limit on the number of terms. The Homeless Advisory Boazd will assist in the preparation and implementation of a ten-year plan to end homelessness and will provide recommendations on programs and issues related to homelessness. Additional details about the duties and responsibilities of the Board are outlined in Section 4 and Section 6 of the attached resolution. RECOMMENDATION City Commission consideration of an appointment to the Palm Beach County Homeless Advisory Boazd. FROM :LANGTON ASSOCIATES Goaaty Admiai~vkration P.O. Aox 1989 West Palm Beach, k7, 33h02-1489 (861) 358-x030 R47L: (5ti1) 355-2030 www.pbcgov.com ^ rufm saach County Board of County Commieeionaas Addie t.. Grccnc. Chairpcraon Jeff xoo~us, vice Chair Fiaren T. Marcus Warren i~i. Newe11 Mary McCarty Burt naronson Jess R Santamarta County Administrator Robert Weisman .t~ em~.~ M~4i' ~id> ~cnnn ~Y,ivl~yrr° 5~r May 9, 2007 FAX N0. :9045981837 The Honorable Rita W. Ellis Mayor of Delray Beach City Hall . 100 NW 1 gi Avenue Delray Beach, Florida 33444 Dear Mayor Ellis: Jun. 15 2007 10:09AM P2 `~` c'~ ~~ n_ i ~ ~~ ~,~.X SUBJECT: PALM BEACH COUNTY HOMELESS ADVISORY BOARD On May 1, 2007, the Board of County Commissioners passed Resolution No. R-2007-0720 establishing a Countywide Homeless Advisory Board. A copy of the resolution is enclosed. A seat on the Advisory Board has been established for you or one of your Commissioners. On behalf of the Board of County Commissioners, I would like to extend this invitation to serve to you and request that you confirm your participation and willingness to serve in accordance with the provisions of Section 3 of the resolution. If you choose to appoint an individual other than yourself to fill the core member seat, we request that you identify in your response, the person who wil{ be filling the seat. The authority and responsibilities of the Homeless Advisory Board are outlined in Sections 4 and 6 of the resolution. Generally speaking, the Advisory Board will assist in the preparation and implementation of a ten-year plan to end homelessness and provide recommendations on programs and issues related to homelessness. Within the next week, Michael Langton, President of Langton Associates or Monique Elton, Senior Public Affairs Consultant, will contact you regarding this request to serve. If you have any questions or concerns, please do not hesitate to contact Langton Associates, Palm County's Homeless Strategic Plan Consultant, at (904) 598-1368 or Claudia Tuck, Director, Palm Reach County Human Services Division at (5fi1) 355-4772. We are looking fonrvard to working with you to address this important issue. Sincerely, ,~~'l/s's~v ~~j~6'~f~ Addle 1.,, Greene, Chairperson ALG: dp Et1CIOSUre cc. (without enclosure) Board of County Commissioners pdnaad on rooyv~od paper FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:09AM P3 RESOLUTION NO. R-2007-072p A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, ESTABLISHING THE HOMELESS ADVISORY BOARD. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) recommends that recipients of Supportive Housing Program funds comply with the Stewart B. McKinney Homeless Assistance Act of 1987, as amended, and with 24 CFR Part 582 and 583; and WHEREAS, the Supportive Housing Program provides funds for the operation and maintenance of Safe Havens, transitional housing, permanent supportive housing and permanent housing; and WHEREAS, Palm Beach County through the Department of Community Services Division ofi Human Services wishes to comply with HUD recommendations regarding the Homeless Advisory Board; and WHEREAS, HUD has adopted a Continuum of Care Program that allocates HUD homeless assistance grants to organizations that participate in local homeless assistance program planning networks. Each of these networks is called a Continuum of Care; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida, desire to establish an advisory board in conjunction with the Continuum of Care to assist the County in achieving a Ten (10) Year Plan to End Homelessness: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, as follows: SECTION 1: ESTABLISHMENT OF THE HOMELESS ADVISORY BOARD There is hereby established an advisory board to be known as the "Homeless Advisory Board," herein referred to as the "Advisory Board." I FROM :LANGTON ASSOCIATES FAX NO. :9045981837 Jun. 15 2007 10:10AM P4 SECTION 2: COMPOSITION A. The Advisory Board shall be comprised of sixteen (16) "Core Member Seats" and sixteen (16) "Community and Business Member Seats" as follows: Core Member Seats (16) ~'alm Beach County Commissioner; Palm Beach County Sheriff or Sherifias appointee; Palm Beach County Chief Judge or judge's appointee; Palm Beach County School Board Chairperson or Board Member; City of West Paim Beach, Mayor or Commissioner; City of Boca Raton, Mayor or Council Member; City of Delray Beach, Mayor or Commissioner; City of Boynton Beach, Mayor or Commissioner; City of Rivera Beach, Mayor or Council Member; City of Belle Glade, Mayor or Commissioner; Palm Beach County Health Department Director; United Way of Palm Beach County Executive Director; Heath Care District Chief Executive Officer; Children's Services Council Chief Executive Officer; Florida Department of Children and Families District Administrator; Emergency Shelter Grant Advisory Board Chairperson or Board Member. Community and Business Member Seats (16) Seven (7) Business Representatives; Three (3) Private Foundation Representatives; Two (2) Formerly Homeless Representatives; One (1} Faith Based Community Representative; One (1) Philanthropist; One (1) Housing Authority Representative; One (1) Hospital Executive Officer. 2 FROM :LANGTDN ASSOCIATES SECTION 3: FAX N0. :9045981837 Jun. 15 2007 10:10AM P5 APPOINTMENTS TERMS VACANCIES AND COMPOSITIONS A. All members of the Advisory Board shall be residents of Palm Beach County, Florida at the time of appointment and while serving on the Advisory Board. B. The maximum number of Boards and Commissions that an individual appointed by the Board of County Commissioners may serve on at one time shall be three (3). C. Terms of office for the Advisory Board members shall be two (2} year terms- There shall be no limit on the number of terms an individual may serve, b. "Core Member Seats" shall be filled by individuals selected and appointed by the govemment entity or organization designated for the seat. Appointments shall be requested by County staff upon adoption of this resolution and generally every two (2) years thereafter in a manner that will provide for appointment or reappointment prior to the term expiration. E_ "Community and Business Member Seats" shall be filled by individuals nominated by a majority vote of individuals in Core Member Seats. The nominations shall be approved by the Board of County Commissioners. F. A vacancy occurring during a term shall be filled for the unexpired term and in the manner prescribed above. The Board of County Commissioners may remove a member for cause inconsistent with the functions of the Advisory Board. G. Advisory Board members shall not be prohibited from qualifying as a candidate for elected office. H. In the event that a municipality, organization or government agency designated for a Core Member Seat chooses not to participate on the Advisory Board, the Board of County Commissioners may designate a replacement entity. Such replacement does not require an amendment to this Resolution. SECTION 4: AUTHORITY The Advisory Board shall have the following authority and powers: A. Gather community input on homelessness. 3 FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:10AM P6 B. Review and comment to the Board of County Commissioners on homeless legislation, C. Assist in the preparation of and oversee implementation of the Ten Year Plan to End Homelessness. D. Make funding recommendations to the Board of County Commissioners. E. Recruit private and public sector representatives to the membership of particular Advisory Board committees. Adopt rules and by-laws providing for the governance of the Advisory Board, which rules and by-laws will be adopted by a majority vote of the members of the Advisory Board. These members shall be subject to the rules and by-laws of the Advisory Board, if rules and bylaws are created, and to the overall authority of the Board of County Commissioners of Palm Beach County, i+lorida. SECTION 5: CODE OF ETHICS Advisory Board members shall abide by the Palm Beach County Code of Ethics as stated in County Resolution 9~4-693 as may be amended. SECTION 6: RESPONSIBILITIES The responsibilities of the Homeless Advisory Board shall be to assist the County in reaching its Ten (10) Year Plan to End Homelessness goals. These include the Following: 1. Review progress made in the County towards achieving the objectives identified in the Ten (10) Year Plan to End Homelessness and make recommendations to the Board of County Commissioners. The primary recommendations may include systematic changes, policy changes, and funding recommendations. 2. Foster and promote cooperation between governmental agencies, community- based non-governmental non-profit organizations and business interests in 4 FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:10AM P7 order to ensure the ®fficient and timely implementation of the (10} Year Plan to End Homelessness. 3. Provide information regarding the needs and other factors affecting the smooth implementation of the Ten (1 d) Year Plan to End Homelessness within Palm Beach County. 4. Determine roadblocks affecting program implementation and recommend corrective measures to the Board of County Commissioners. SECTION 7: MEETINGS A. The Advisory Board shall meet a minimum of eight (8) times a year; however, members may be required to attend additional meetings. A majority of the members appointed shall constitute a quorum for the conduct of the Advisory Board's business. In the presence of a quorum, Advisory Board business shall be conducted by a vote of a majority present and be governed by Robert's Rules of Order. The Ghair shall have the authority to call emergency meetings, as is needed and appropriate, by informing members at least one week in advance. B. Reasonable public notice of all Advisory Board meetings shall be provided, and alt such meetings shall be open to the public at all times. SECTION 8: OFFICERS A. The Chair shall be a County Commissioner appointed by the Palm Beach County Board of County Commissioners. 1. Duties of the Chair; a. Call and set the agenda for Advisory Board meetings; b. Preside at Advisory Board meetings; c. Establish commit#ees, appoint committee chairs and charge committees with specific tasks; and d. Perform other functions as the Advisory Board may assign by rule or order. S FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:11AM P8 2. If a vacancy occurs in the office of the Chair, the Palm Beach County Board of County Commissioners shall appoint a replacement. B. The Vice Chair shall be elected by a majority vote of the Advisory Board and shall serve for a term of one (1) year. 1. The Vice Chair shall perform the duties of the Chair in the Chair's absence, and such other duties as the Chair may assign. 2. If a vacancy occurs in the office of the Vice Chair, the Advisory Board will elect another member to fill the unexpired term. C. The Secretary shall be elected by a majority vote of the Advisory Board and shall serve for a term of one (1) year, 1. The Secretary shall be responsible for the record-keeping #unctions and will review all Minutes and correspondence of the Advisory Board. 2. If a vacancy occurs in the office of the Secretary, the Advisory Board will elect another member to fill the unexpired term. SECTION 9: REMOVAL FOR LACK OF ATTENpANCE Members of the Advisory Board shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend three (3) consecutive meetings or failure to attend at least two-thirds of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall constitute lack of attendance. Members removed under this paragraph shall not continue to serve until a new appointment is made and removal shall create a vacancy. 6 FROM :LANGTON ASSOCIATES FAX N0. :9045981837 Jun. 15 2007 10:11AM P9 SECTION 10: EFFECTIVE DATE This Resolution shall become effective upon approval by a majority vote of the Board of County Commissioners, Palm Beach County, Florida. The foregoing Resolution was offered by Commissioner ,who moved its adoption. The motion was seconded by Commissioner ,and upon being put to a va#e, the vote was as follows: ADDIE L. GREENE, CHAIRPERSON - JEFF KOONS, VICE CHAIR - KAREN T. MARCUS, COMMISSIONER - BURT AARONSON, COMMISSIONER WARREN H. NEWELL, COMMISSIONER - MARY McCARTY, COMMISSIONER - JESS R. SANTAMARIA, COMMISSIONER - The Chairperson thereupon declared the Resolution duly passed and adopted this day of , 2007. APPROVED AS TO FORM AND LEGAL SUFFICIENCY ATTEST: SHARON R. BOCK, CLERK & COMPTROLLER BY: Tammy K. Fields Assistant County Attorney BY: Deputy Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~" SUBJECT: AGENDA ITEM # ~ ~ ' ~ -REGULAR MEETING OF TUNE 19, 2007 ORDINANCE NO. 21-07 (SECOND READING/SECOND PUBLIC HEARINGI DATE: JUNE 15, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for Community Redevelopment Agency (CRA) initiated amendment to the Land Development Regulations (LDR), amending Section 4.4.13, "Central Business District (CBD)," Subsection 4.4.13(I-~(1), to provide an exemption to the prohibition of office uses on the ground floor of buildings on East Atlantic Avenue. BACKGROUND At the first reading on June 4, 2007, the Commission passed Ordinance No. 21-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 21-07 on second and final reading. S:\City Clerk\AGF.NDA COVER MEMOS\Ordinance Agenda Memos\Ord 21-07 CRA Amend LDR Sea4.4.13 Central Business Disttictdoc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: MAY 29, 2007 SUBJECT: AGENDA ITEM # ~ O • /1 - JUNE 4, 2007 CONSIDERATION OF A CRA-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13(H1(1), TO PROVIDE AN EXEMPTION TO THE PROHIBITION OF OFFICE USES ON THE GROUND FLOOR OF BUILDINGS ON EAST ATLANTIC AVENUE. ITEM BEFORE COMMISSION The item before the Board is that of approval of an amendment to the Land Development Regulations to permit office uses on the ground floor of existing buildings on East Atlantic Avenue when at least 80% of the building's frontage is setback twenty-five (25) feet or greater. 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 October 3, 2006, the City Commission approved an amendment to the Land Development Regulations (LDRs) relating to office uses on the ground floor of buildings on Atlantic Avenue, extending from I-95 to Ocean Boulevard. Under these regulations, new offices are prohibited from locating on the ground floor on East Atlantic Avenue. The purpose of the proposed amendment is to provide an exemption for existing buildings in the Central Core and Beach Areas of the Central Business District that have the majority of their building frontage set back 25' or greater. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 21, 2007. No one from the public spoke on the issue. The Board recommended approval on a 6 to 0 vote (Glickstein absent), 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. 21-07, amending Land Development Regulations (LDR) Section 4.4.13 "Central Business District," Subsection 4.4.13(H)(1), to provide an exemption to the prohibition of office uses on the ground floor of buildings on East Atlantic 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on June 18, 2007. Attachments: Ordinance No. 21-07 Planning & Zoning Staff Report of May 21, 2007 ORDINANCE NO. 21-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(H)(1), TO PROVIDE AN EXEMPTION TO THE PROHIBITION OF OFFICE USES ON THE GROUND FLOOR OF BUILDINGS ON ATLANTIC AVENUE, EXTENDING FROM SWINTON AVENUE TO OCEAN BOULEVARD, UNDER CERTAIN CIRCUMSTANCES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 21, 2007 and voted 6 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 adopted the findings in the Planning and Zoning Staff Report; and, 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 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(H), "Special Regulations," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by amending Subsection 4.4.13(H)(1) to read as follows: (1) Office uses including financial institutions (e.g. banks, savings and loans, credit unions, and mortgage offices) shall not be allowed on the ground floor within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or the Beach Area. Office uses shall be allowed up to 50% of the ground floor as a permitted use within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the West Atlantic Area and as a Conditional Use if greater than 50%. Office uses are allowed on floors other than the ground floor along Atlantic Avenue and on all floors elsewhere in the CBD district. This regulation shall not apply t~ o existing buildings in the Central Core Area or the Beach Area that have 80% or more of their frontage at a setback of 25 feet or greater. 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 _ day of , 2007. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. NO. 21-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: MAY 21, 2007 AGENDA NO.: IV.A. AGENDA ITEM: CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR) SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13(H)(1), TO PROVIDE AN EXEMPTION TO THE PROHIBITION OF OFFICE USES ON THE GROUND FLOOR OF BUILDINGS ON EAST ATLANTIC AVENUE. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a CRA-initiated amendment to the Land Development Regulations to permit office uses on the ground floor of existing buildings on East Atlantic Avenue when at least 80% of the building's frontage is setback twenty-five (25) feet or greater. 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 /ANALYSIS At its meeting of October 3, 2006, the City Commission approved an amendment to the Central Business District (CBD) of the City's Land Development Regulations (LDRs) [LDR Section 4.4.13(H)(1)] to provide regulations relating to office uses on the ground floor of buildings on Atlantic Avenue, extending from I-95 to Ocean Boulevard, as follows: "Office uses including financial institutions (e.g. banks, savings and loans, credit unions, and mortgage offices) shall not be allowed on the ground floor within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or the Beach Area. Office uses shall be allowed up to 50% of the ground floor as a permitted use within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the West Atlantic Area and as a Conditional Use if greater than 50%. Office uses are allowed on floors other than the ground floor along Atlantic Avenue and on all floors elsewhere in the CBD district." Subsequent to adoption of the ordinance, there were some concerns raised by tenants/owners at the Waterway Condominium (900 E. Atlantic Avenue), which contains numerous business offices on the ground/first floor. While the existing uses are grandfathered in, the ordinance does prohibit the establishment of new office uses. This particular building is somewhat unique to Atlantic Avenue in that it is set back approximately 28' from the property line and up to 53' from the edge of the sidewalk. This design does not provide for easy access to the storefronts by pedestrians, and in fact, most of the visitors to the building get to the site from the parking lot on the south side of the building. Given the IV.A. Planning and Zoning Board Memorandum Staff Report, May 21, 2007 Amendment to LDRs Pertaining to Ground Floor Office Uses on East Atlantic Avenue Page 2 existing site design and building setback, the building is more conducive to office uses and not retail/pedestrian-oriented uses. Another property that has similar site design challenges is Atlantic Plaza, which is set back approximately 70' with a parking lot between the building and Atlantic Avenue. The only other properties/buildings on East Atlantic Avenue that have similar site conditions are the Delray Beach Marriott, the Marriott Residence Inn and the Citco gas station, which will require redevelopment of the site with any change of use. Redevelopment of these properties will need to comply with the CBD Development Standards [LDR Section 4.4.13(F)(4)], which require a minimum of seventy percent (70%) and a maximum of ninety percent (90%) of the building frontage to be set back no greater than ten feet (10') from the property line. Therefore, this modification will not apply to any future redevelopment of these properties or any other properties having frontage along Atlantic Avenue. It is noted that the Downtown Delray Beach 2004 Patron Profile, Cluster Analysis and Retail Development Strategy Update identified strategies for various areas (Clusters) throughout the downtown. The strategy for Cluster 6 (Atlantic Avenue, between NE/SE 5th Avenue and the Intracoastal Waterway) acknowledges that in order to maintain the continuity of pedestrian activity and add continuous storefronts on the north side of Atlantic Avenue, redevelopment of the Citco gas station and Atlantic Plaza is necessary. Further, the description of Cluster 8 (east of the Intracoastal Waterway) states the following: "While the "Retail Strategy" includes the addition of retailing and limiting the proliferation of "beach convenience shops" and ground floor office uses, the ability to lease these nonconforming structures in the short term until redevelopment provides a more retail and pedestrian- oriented design is critical to the overall appearance and attractiveness to the Atlantic Avenue Corridor." The proposed amendment provides an exemption for buildings in the Central Core and Beach Areas of the Central Business District that have the majority of their building frontage set back 25' or greater. While limited in its application, the exemption will enable these buildings to be leased, enhancing the Avenue, until such time that the properties are redeveloped. The exemption would not apply to the West Atlantic Avenue Neighborhood of the Central Business District, since office uses are already allowed to occupy up to 50% of the ground floor as a permitted use. Based upon the above, an amendment to the Land Development Regulations 4.4.13(H)(1), "Special Regulations" of the Central Business District (CBD) Regulations is requested as follows: (7) Office uses including financial institutions (e.g. banks, savings and loans, credit unions, and mortgage offices) shall not be allowed on the ground floor within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or the Beach Area. Office uses shall be allowed up to 50% of the ground floor as a permitted use within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the West Atlantic Area and as a Conditional Use if greater than 50%. Office uses are allowed on floors other than the ground floor along Atlantic Avenue and on all floors elsewhere in the CBD district. This regulation shall not apply to existing buildings in the Central Core Area or the Beach Area that have 80% or more of their frontage at a setback of 25 feet or rem Planning and Zoning Board Memorandum Staff Report, May 21, 2007 Amendment to LDRs Pertaining to Ground Floor Office Uses on East Atlantic Avenue Page 3 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. The proposed LDR amendment will enable buildings with storefronts that are not conducive to retail and pedestrian-oriented uses to be occupied by office uses, thereby promoting business activity and discouraging vacant storefronts along Atlantic Avenue. 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 Community Redevelopment Agency (CRA) The CRA considered this request at its April 26, 2007 meeting. After considerable discussion, the Board was split 3/3 on the amendment. It is noted, however, that the full Board of the CRA had earlier authorized CRA staff to initiate this amendment. Downtown Development Agency (DDA): The DDA considered this amendment at its May 14, 2007. After discussion, the Board unanimously recommended approval of the proposed amendment. Courtesy Notices: Courtesy notices were provided to the following civic association: • Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The intent of the earlier amendment to prohibit office uses on the ground floor on East Atlantic Avenue was to facilitate the development of the downtown with a mix of uses which include pedestrian oriented retail activities on the ground floor with office and residential on the upper floors. Office uses are not encouraged along the street front facades on Atlantic Avenue as they create "holes" in the retail fabric of the street. However, this regulation creates an unnecessary hardship to lease existing buildings with storefronts that are not conducive to retail and pedestrian-oriented uses. The proposed amendment will allow those buildings to be occupied by office uses, thereby promoting business activity and discouraging vacant storefronts along Atlantic Avenue. The ability to lease these structures in the short term, until redevelopment provides a more retail and pedestrian-oriented design, is critical to the overall appearance and attractiveness of the Atlantic Avenue Corridor. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Planning and Zoning Board Memorandum Staff Report, May 21, 2007 Amendment to LDRs Pertaining to Ground Floor Office Uses on East Atlantic Avenue Page 4 RECOMMENDED ACTION Move to recommend to the City Commission approval of the CRA-initiated amendment to Land Development Regulations Section 4.4.13 "Central Business District," Subsection 4.4.13(H)(1), to provide an exemption to the prohibition of office uses on the ground floor of buildings along East Atlantic 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: ^ Proposed Ordinance s:lplanning & zoninglboardslp&z boardlldr amendment -offices on atlantic avenue.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Q SUBJECT: AGENDA ITEM # l ~ ~ U -REGULAR MEETING OF JUNE 19, 2007 ORDINANCE N0.20-07 DATE: JUNE 15, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for a City initiated amendment to the Land Development Regulations (LDR), amending Section 4.4.25, "Special Activities District (SAD)", Subsection 4.4.25(C) to shift the authority for approval of site plans, landscape plans, and architectural elevations from the Planning and Zoning Board to the Site Plan Review and Appearance Board for projects located in the Special Activities District (SAD). BACKGROUND At the first reading on June 4, 2007, the Commission passed Ordinance No. 20-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 20-07 on second and final reading. S:\City Cletk\AGEND.4 COVER MEMOS\CKdinance Agenda Memos\Ord 20-07 Amendment LDR Sec 4.4.25 Special Activities District.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: MARK MCDONNELL, AICP, ASSISTANT PLANNING AND ZONING DIRECTOR PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER ~ DATE: MAY 30, 2007 SUBJECT: AGENDA ITEM # 1 ~ • ~ - REGULAR MEETING OF JUNE 4. 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRI. AMENDING SECTION 4.4.25 "SPECIAL ACTIVITIES DISTRICT (SAD1", SUBSECTION 4.4.25 (C) "REVIEW AND APPROVAL PROCESS." ITEM BEFORE COMMISSION The item before the Board is approval of aCity-initiated amendment to the Land Development Regulations to shift the authority for approval of site plans, landscape plans, and architectural elevations from the Planning and Zoning Board to the Site Plan Review and Appearance Board for projects located in Special Activities Districts (SADs). 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 The current language in the LDRs places the authority to approve site and development plans, landscape plans and architectural elevations associated with SAD-zoned properties with the Planning and Zoning Board. Site plans, landscape plans and architectural elevations are typically considered for approval by the Site Plan Review and Appearance Board (SPRAB), and this has also been the practice with recent SAD projects. This is a corrective LDR text amendment to direct approval authority to SPRAB consistent with all other zoning districts within the city. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 21, 2007. No one from the public spoke on the issue. The Board recommended approval on a 6 to 0 vote, 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. 20-07, amending Land Development Regulations (LDRs) Section 4.4.25 "Special Activities District (SAD),° Subsection 4.4.25 (C), "Review and Approval Process," to shift the authority to approve plans located in SAD zoning districts from the Planning and Zoning Board to the Site Plan Review and Appearance Board, 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 June 19, 2007. Attachments: ^ Ordinance No. 20-07 ^ Planning and Zoning Staff Report of May 21, 2007 ORDINANCE NO. 20-07 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 4.4.25, "SPECIAL ACTNITIES DISTRICT (SAD)", SUBSECTION 4.4.25(C), "REVIEW AND APPROVAL PROCESS", TO PROVIDE FOR THE REVIEW AND APPROVAL OF PLANS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD AND NOT THE PLANNING AND ZONING BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 21, 2007, and voted 6 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 Dekay Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Dekay 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 4.4.25, "Special Activities District (SAD)", Subsection 4.4.25(C), "Review and Approval Process", of the Land Development Regulations of the Code of Ordinances of the Ciry of Dekay Beach, Florida, be and the same is hereby amended to read as follows: (C) Review and Autiroval Process: (1) n ral: All SAD's are established by an ordinance which is processed as is a rezoning. Concurrent with processing of the rezoning application, a complete site and development plan with, at least, preliminary engineering plans shall be processed. (2) Alternative Processing: A proposed SAD may proceed to first reading based upon a lesser submission provided that, if approved on first reading, prior to second reading a complete site and development plan including landscaping plans and architectural elevations must be processed through, and approved by the Site Plan Review and AP~earance Board. However, in no event shall the time between first and second readings of the enacting ordinance exceed a period of 180 calendar days. In such an event, the rezoning process shall cease and the application considered denied without prejudice. A subsequent application may be processed thereafter anew. (3) Establishment: Vesting of a SAD project shall occur in the same manner as set for the establishment of a site plan approval [reference Sections 2.4.4 (D) and (E)], except that when the SAD is for a large Scale Mixed Use Development, the initial approval (validity) period shall be specifically stated in the enacting ordinance, but shall, in no event, be less than six (6) years. In the event that a SAD project does not become established, all uses, waivers, adjustments, and other actions taken pursuant to the SAD shall be void. In order to proceed to establish the same, or another, use it shall be necessary to process a rezoning request. 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 day of , 200_. ATTEST City Clerk First Reading Second Reading MAYOR ORD. NO. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: MAY 21, 2007 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD)", SUBSECTION 4.4.25(C), "REVIEW AND APPROVAL PROCESS", TO PROVIDE FOR THE REVIEW AND APPROVAL OF PLANS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD AND NOT THE PLANNING AND ZONING BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding aCity-initiated amendment to the Land Development Regulations (LDRs) Subsection 4.4.25(C). This section deals with the specific board to which authority is given to approve a complete site and development plan including landscaping plans and architectural elevations in areas zoned Special Activities District (SAD). 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 !ANALYSIS The current language in the LDRs places the authority to approve site and development plans, landscape plans and architectural elevations associated with SAD-zoned properties with the Planning and Zoning Board. Site plans, landscape plans and architectural elevations are typically considered for approval by the Site Plan Review and Appearance Board (SPRAB), and this has also been the practice with recent SAD projects. This is a corrective LDR text amendment to direct the authority to the SPRAB since this is consistent with approval of these types of plans in all other zoning districts within the city. REQUIRED FlND1NGS 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. 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. Planning and Zoning Board Memorandum Staff Report -May 21, 2007 Amendment of Code of Ordinances Section 4.4.25, SAD REVIEW BY OTHERS Courtesy Notice: A courtesy notice was provided to the following civic association: ^ 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 redirect the authority to approve site plans, landscape plans and architectural elevations for projects in SAD zoning districts from the Planning and Zoning Board to the Site Plan Review and Appearance Board. 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 4.4.25 (C) to redirect the authority to approve site plans, landscape plans, and architectural elevations associated with SAD projects to the Site Plan Review and Appearance Board, 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 Ordinance 20-07 2 ,~,,. • •''~Ir. CITY COMMISSION n CITY OF DELRAY BEACH, FLORIDA (~ REGULAR MEETING -TUESDAY, JUNE 19, 2007 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULAR AGENDA: M. REVIEW OF LOBBYIST CONTRACTS: Review and discussion regarding Tallahassee Lobbyists' contracts. ******************************************************************************** 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. Harden, David From: woodiemcduffie@bellsouth.net Sent: Saturday, June 16, 2007 9:44 PM To: Ellis, Rita; Fred Fetzer; Montague, Brenda; Gary Eliopoulos; Harden, David Subject: Talahassee Lobbyists Contracts I would like a review of these contracts placed on Tuesday's agenda. Woodie McDuffie Sent via BlackBerry from Cingular Wireless r Kathleen E. Daley & Associates Governmental Consultants 110 south AAonroe St»st Tallahassee, Florida 32301 AGREEMENT FOR LOBBYING SERVICES As Government Affairs Consuttant!l.obbyist for the City of Delray Beach, I, Kathleen Daley, an equal partner of Kathleen Daley & Associates, Inc., a public relations/political consultinglgovemmental affairs firm, will continue to represent the interest of the City before the Governor and Cabinet, state agencies, and the Florida Legislature, which representation would include attendance at all necessary House and Senate committee meetings during each calendar year, necessary delegation meetings, as well as the regular session and any relevant special sessions of the Florida Legislature, and continue to monitor all legislation affecting municipalities on behalf of the City of Delray Beach. As Governmental Affairs ConsultanULobbyist for the City of Delray Beach, and managing partner of the account, working in conjunction with the Delray Beach City Council, the Delray Beach City Manager, and other such staff persons within the City Administration as they are related to my duties on behalf of the City. I will make myself available to the above mentioned persons and offices on both a regular and "as needed" basis for the meetings and discussions related to my duties on behalf of the City. In addition to all previous responsibilities Kathleen E. Daley & Associates will provide to the Commission, through the City Manager's office a monthly report during those months when the legislature is not in session. During the legislative session Kathleen E. Daley & Associates will provide a reportlupdate every two weeks. Kathleen E. Daley & Associates will have regular conference calls throughout the session and as needed throughout the year. Kathleen E. Daley & Associates will be provided with any documentation regarding the Commission's master plan, long range plan and overall wish list. Kathleen E. Daley & Associates will review said documents and identify possible funding sources, legislation and any action required to assist in reaching the goats of the Commission. Kathleen E. Daley & Associates, in coordination with the City Manager's office, will attend City Commission workshops/meetings to discuss and create the City's official legislative platform at the Commission's request. In addition, if the Commission can see any reason why Kathleen E. Daley & Associates should attend any other community meetings Kathleen E. Daley & Associates shall be notified accordingly. It is submitted that my services would be initially contracted for a period of one (1) year from ' October 1, 2006 to October 1, 2007, to be reviewed for renewal by the Commission at the end of said period. Kathleen Daley & Associates, Inc. is willing to undertake the foregoing representation on the following basis: 1. Kathleen Daley 8 Associates, Inc. will be paid a retainer in the total amount of $48,000 for the contracted period due in twelve (12) equal monthly installments payable each month beginning in October of 2006. 2. Any additional "special project' work which may be requested at any time by the City Commission or the Office of the City Manager, and which falls outside of Kathleen E. Daley and Associates, Ines realm of duty as Governmental Affairs ConsultantlLobbyist for the City, will be contracted for separately and on a special project basis. 3. Either the City of Delray Beach or Kathleen Daley 8 Associates, Inc. may terminate this agreement at any time, pursuant to the following: (i) If terminated by the City of Delray Beach at any time during the contracted period, for other than good cause, Kathleen Daley & Associates, Inc. will retain the total amount of $48,000. (ii) If terminated by the City of Delray Beach at any time during the contracted period, for good cause, Kathleen Daley 8 Associates, Inc. will retain the prorated to date portion of the total amount of $48,000. (iii) If terminated by Kathleen Daley 13< Associates, Inc. at any time during the contracted period, Kathleen Daley & Associates, Inc. will retain a prorated to date portion of the total amount of $48,000. 4. This Agreement shall be executed as an original and three counterparts. .~ r WITNESSES: V ~~"~d (D KATHLEEN E. DALEY DATE ATTEST: \ c~' CITY C~RK C1TY OF DELRAY BEACH, FLORIDA ~~"'~-~--~s DATI Dw~c i~oj~Q~ado~ AS TO TTORNEY SUSAN A. RUBY DATE CONSULTING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE ALEKSANDER GROUP, INC. THIS AGREEMENT is made this ~j''~ day of~ 2005 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"), and THE ALEKSANDER GROUP, INC. (hereinafter referred to together as "Consultant"). WITNESSETH: WHEREAS, the City and Consultant are committed to the advancement of the City's interests before the State Legislature; and WHEREAS, the City and Consultant are desirous to enter into a consulting agreement wherein Consultant will provide professional governmental consulting services, represent the City's interests before the State Legislature, and advise the City of important legislative issues concerning the City of Delray Beach. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are incorporated as if fully set forth herein. 2. Performance. The Consultant shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. 3. Duties. Consultant's duties are as follows: (a) Consultant shall provide consulting services which shall include, but not be limited to the following tasks: 1. Represent the City before the Legislative and Executive Branches of the State of Florida regarding matters related to funding and regulatory issues. 2. Advise the City of all important issues before the Legislative and Executive Branches of the State of Florida concerning the City of Delray Beach. 3. Provide the City with copies of relevant articles, analyses and governmental announcements. 4. Term. This Agreement shall commence on August 1, 2005 and shall expire December 31, 2005. This Agreement may be terminated by either party with thirty (30) days advanced written notice. Upon expiration of this Agreement, the City has the option to renew the Agreement on a month to month basis with advanced written notice. 5. Compensation. During the term of this Agreement, the Consultant shall be paid a retainer of twenty five thousand dollars ($25,000.00), payable as five thousand dollars ($5,000.00) per month until December 31, 2005. The Consultant will send an invoice to the City on the first day of each month and the City shall remit payment to Consultant within thirty (30) days of receipt of the invoice. The City shall also pay all of Consultant's pre-approved costs directly attributable to the performance of the consulting services provided in this Agreement, including but not limited to: travel, entertainment, and all other expenses incurred on the City's behalf. All additional pre-approved costs shall be submitted to the City by Consultant along with the monthly consulting retainer fee invoice. 2 6. Relationship of the Parties. The parties intend that the Consultant, performing services specified in this Agreement, shall act as an independent contractor and shall not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the City for any purpose. Consultant shall have sole control of the work and the manner which it is performed. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. Consultant is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law. Consultant shall comply with all applicable laws, rules and regulations, including, but not limited to applicable, worker's compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. City shall complete all forms necessary for compliance with lobbyist registration and gift or expenditure disclosure requirements under Florida law that may arise as a result of Consultant's representation of the City during the term of this contract or after its termination should reporting periods overlap. 8. Taxes. Consultant shall be responsible for all federal, state or local taxes of any kind which Consultant now or hereafter shall be liable for or required to pay either on its own behalf, on behalf of his employees, or on behalf of the City or otherwise, and shall pay all penalties and interest thereon. 9. Assignment. An assignment of the duties to be provided under this Agreement shall require the prior written consent of the City. 3 10. Indemnification. Consultant shall indemnify, defend and save the City, .its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this Agreement by Consultant or his officers, agents or employees, and Consultant shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney's fees at the trial or appellate levels. 11. Notices. All notices shall be effective when mailed at the following addresses: The Aleksander Group, Inc.: Sebastian Aleksander 301 Clematis Street, Suite 3000 West Palm Beach, FL 33401 City of Delray Beach: Jeff Perlman, Mayor 100 N.W. 1St Avenue Delray Beach, FL 33444 12. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida 13. Non-Discrimination. Consultant shall not discriminate on the basis of age, religion, race, sex, marital status or handicap in the performance of this Agreement. 14. Non-Exclusive. The provision of the services provided for herein is non- exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 4 15. Entire Agreement; Modifications. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the partied. No waiver, alteration, or modification of any of the provisions of this agreement sha11 be binding unless in writing and duly executed by the parties. 5 IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: ~~~~~ City Clerk CITY By: H, FLORIDA Approved as to Form: V U ~"~ity Attorney ~7 ~g ~~ S Witnesses: ( THE ALEKSAN OUP, INC. Print Name: L. ~+~~ Sebastian Aleksander, President Print Name: STATE OF FLORIDA COUNTY OF~~~M ~~~.. The foregoing instrument was acknowledged before me this ~ day of `~vL ~ , 2005 by ~~2~s~ko ~~~ (name of officer or agent, title of officer or agent) oi~~~`a.~b+~s C~~Q_~ . (name of corporation acknowledging), a ~ai~~c~- (state or place of incorporation) corporation, on behalf of the corporation. He/ or has produced ~~, ~~ ~~~S =l`b~-`1`~-L1~v3-o {type of identification) as identification. Notary Public -State of Florida ~~~ Carolanne M. KuCmerowski ~i` MY Commission DD311603 ~q n~ Expires Aprii 20, 2008 6