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08-21-07 Agenda RegCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday, August 21, 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 City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, 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. ~1~1~ 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: August 7, 2007 -Regular Meeting August 14, 2007 -Special/Workshop Meeting 6. PROCLAMATIONS: A. National Save a Life Month -September 2007 7. PRESENTATIONS: A. 2007 Explorer Law Enforcement Academy 8. CONSENT AGENDA: City Manager Recommends Approval. A. ACCEPTANCE OF RIGHT-OF-WAY DEED/WAYSIDE HOUSE: Approve and accept aright-of--way deed between the City and Wayside House, Inc. to allow the conversion of use and renovation of the southernmost building at the Wayside House located on the west side of N.E. 6s' Avenue, south of N.E. 4`s Street (320 - 328 N.E. 6's Avenue). B. RESOLUTION NO. 14-07/ABANDONMENT OF EASEMENTS: Approve Resolution No. 14-07 vacating and abandoning two (2) five (5) foot and one (1) ten (10) foot wide utility easements, located at 502 North Ocean Boulevard. C. _RESOLUTION NO 47-07/AMENDMENT NO. 1/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)./ _JOINT PARTICIPATION AGREEMENT: Approve Resolution No. 47-07 authorizing Amendment No. 1 to the Joint Participation Agreement QPA) with the Florida Department of Transportation (FDOT) for the installation of landscaping along the northbound exit and entrance ramps of I-95 at West Atlantic Avenue; clarifying reimbursement for construction and design. I~, ~TT7. ['nMPANY/FINAL PAYMENT/DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER: Approve the final payment in the amount of $47,646.09 to the Weitz Company fox services rendered in preparation of beginning construction for the Delray Beach Family Recreation and Fitness Center Project (formerly the Western/Senior Community Center). Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Western Community Center). 08-21-2007 -2- E. RECISSION OF CONTRACT AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION, INC.: Approve the rescission of the contract award to Randolph and Dewdney Construction, Inc. for the Pompey Park Community Center Improvements Project and authorize staff to re-bid the project; due to the contractor's inability to obtain a bond for the project. F. REJECTION OF BIDS/RAINBERRY WOODS NEIGHBORHOOD IMPROVEMENTS PROTECT: Approve the rejection of all bids received for the Rainberry Woods Neighborhood Improvements Project and authorize staff to re-bid the project. G. TRI-PARTY AGREEMENT/PALM BEACH. COUNTY/EXPANDING AND PRESERVING OUR CULTURAL HERITAGES INC.: Approve a tri-party agreement between the City, Palm Beach County and Expanding and Preserving Our Cultural Heritage, Inc. for funding in the amount of $250,000.00 for the Spady Cultural Heritage Complex -Phase II. Funding is available from the Palm Beach County Recreation and Cultural Facilities Bond. H. AMENDMENT NO 4/MANAGEMENT AGREEMENT/OLD SCHOOL ~UARE~INC.: Approve Amendment No. 4 to the management agreement between the City and Old School Square, Inc. which revises Paragraph 2.a of the agreement; to eliminate the requirement for ratification of Board Members by the City Commission. I. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointment of Mr. William Branning, Community Redevelopment Agency Representative, to the Parking Management Advisory Board for a two (2) year term ending July 1, 2009. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 6, 2007 through August 17, 2007. K. AWARD OF BIDS AND CONTRACTS: Bid award to Landmark Construction, Corp. in the amount of $18,500.00 for the demolition of three (3) properties located at 230 SW 3`~ Avenue, 114 NW 4s' Avenue and 1314 SW 22"d Avenue. Funding is available from 118-1965-554- 34.35 (Community Development Fund/Unsafe Buildings/Structures) and 001- 2741-524-34.35 (General Fund/Unsafe Buildings/Structure). 2. Purchase award to Dell Computer Corporation in the amount of $18,826.20 for nine (9) laptops for Code Enforcement Officers. Funding is available from 001- 2741-524-64.11 (General Fund/Computer Equipment). 3. Purchase award to Duval Ford in the amount of $23,413.00 via the Florida Sheriffls Association Contract #06-14-0821 for the purchase of one (1) 2008 Ford Crown Victoria Police Interceptor for the Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 08-21-2007 -3- 4. Purchase award to Florida Bullet in the amount of $20,984.00 for the purchase of ammunition in preparation for next year's training and firearms qualifications for the Police Department. Funding is available from 001-2111-521-52.20 (General Fund/General Operating Supplies). Purchase award to The HON Company c/o Workspaces South, LLC, Kimball International c/o Workspaces South, LLC and K-Log, Inc. in the total amount of $90,057.49 for the purchase of office and conference room furniture for the new Environmental Services Administration building. Funding is available from 441-5111-536-64.10 (Water/Sewer Fund/Office Furniture/Fixtures). 6. Purchase award to Vision Solutions in the amount of $25,300.00 for the replacement of the iSeries data mirroring software. Funding is available 001- 1811-513-66.10 and 001-2111-521-66.10 (General Fund/Software). 9. REGULAR AGENDA: A. ('ONDITIONAL USE REQUEST/LAST RESORT SALOON: Consider a conditional use request to establish a 24-hour or late night business, extending the closing time from 12:00 midnight to 2:00 a.m., for the Last Resort Saloon located at 3205 South Federal Highway. (Quasi Judicial Hearing) B. CONDITIONAL USE EXTENSION REQUEST/5TH AVENUE AT DELRAY: Consider a conditional use extension request to increase the building height to a maximum of 60' and to allow an increase above 30 dwelling units per acre (37.30 du/ac) for 5s' Avenue at Dekay, a proposed mixed use development, located on the east side of N.E. 5`~ Avenue (southbound Federal Highway), 112 feet north of N.E. 1S` Avenue (131 -185 N.E. 5`s Avenue). (Quasi Judicial Hearing) C. RESOLUTION NO. 21-07: Consider approval of Resolution No. 21-07 authorizing the issuance of the Utility Tax Revenue Bonds (Series 2007) in an amount not to exceed $27,000,000; and authorize the sale of such bonds to Bear, Steams & Company, Inc. D. AUTHORIZATION TO PROCEED WITH FUNDING TO CONSTRUCT THE INFORMATION TECHNOLOGY fIT) BUILDING: Consider a request to transfer $974,400.00 from the Insurance Fund to the General Construction Fund to finance the construction of a new Information Technology (IT) Building. E. FY 2008 GOLF RATES/MUNICIPAL GOLF COURSE• Consider approval of the proposed FY 2008 maximum golf rates for the Municipal Golf Course. F. FY 2008 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2008 maximum golf rates for the Lakeview Golf Course. G. FY 2008 TENNIS RATES/TENNIS FACILITIES: Consider approval of the proposed FY 2008 maximum tennis rates for the Tennis Facilities. 08-21-2007 -4- H. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three (3) regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3). I. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council for Zone 1 for an unexpired term ending October 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). J. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint three (3) regular members to the Planning and Zoning Board to serve two (2) year terms ending August 31, 2009. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3). K. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint two (2) regular members to the Site Plan Review and Appearance Board to serve two (2) year terms ending August 31, 2009 and one (1) regular member to serve an unexpired term ending August 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3) and Commissioner Montague (Seat #4). L. DISCUSSION/PROPOSED BUDGET FY 2008: Discussion regarding proposed budget for FY 2008 for the following. • Suggested adjustments to proposed budget. • Ciry Commission • City Manager • City Attorney • Human Resources • Ciry Clerk • Finance • Police • Fire-Rescue M. PUBLIC COMMENTS/FY 2008 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2008 Proposed Budget at this time. 10. PUBLIC HEARINGS: A. RESOLUTION NO.46-07: Consider approval of Resolution No. 46-07 adopting the preliminary assessment roll for the SW 8`~ Avenue Special Assessment District. 0&21-2007 -5- B. ORDINANCE NO. 25-07: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.2, "Notice Requirements", Section 2.4.3, "Submission Requirements", and Section 2.4.3(I~, "Fees", to provide for an increase in the Development Applications, Plan Check Fees and Building Permit Fees. C. ORDINANCE NO. 28-07: City initiated text amendment to Chapter 71, "Parking Regulations" of the Code of Ordinances, by amending Section 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", regarding the increase of Parking Meter Fees, east of the Intracoastal Waterway from $0.75 to $1.00 per hour. D. ORDINANCE NO. 30-07: An ordinance amending Chapter 117, "Landlord Permits", of the Code of Ordinances by amending Section 117.2, "Permit Fees", to provide for an increase in the Landlord Permit fee from $30.00 per unit to $50.00 per unit. E. ORDINANCE NO. 24-07: City initiated amendment to the Land Development Regulations (LDR) Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(I~, "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(A), "Purpose and Intent", to add references to the Carver Estates C-verlay District and the Infill Workforce Housing Area. F. ORDINANCE NO. 26-07: City initiated amendment to the Land Development Regulations (LDR) enacting Section 2.4.7(G), "Requests for Reasonable Accommodation", to provide procedures for handling and processing requests for accommodation from the City's Code. (THIS ORDINANCE TO BE MOVED TO FIRST READINGS ONAUGUST 21, 2007AGENDA) G. ORDINANCE NO. 27-07: City initiated amendment to the Land Development Regulations (LDR) amending Section 4.4.13, "Central Business District (CBD)", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", to clarify the maximum allowed residential density in the West Atlantic Avenue Neighborhood. H. ORDINANCE NO. 29-07: An ordinance replacing an existing Florida Power and Light Company (FPL) Franchise Agreement that is set to expire in 2011. 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. 08-21-2007 -6- 12. FIRST READINGS: A. ORDINANCE NO.32-07: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section 35.097, "Retirement Income; Basis, Amount and Payment", providing up to one (1) additional year of credited service for certain employees who elect to terminate City employment and retire on or before September 30, 2007. If passed, a public hearing will be scheduled for September 4, 2007. B. ORDINANCE NO. 33-07: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection No. 96.66(A) of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National Ambulance Fee Schedule. If passed, a public hearing will be scheduled for September 4, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. Ciry Manager B. Ciry Attorney C. City Commission POSTED: AUGUST 17, 2007 os-21-2007 -7- AUGUST 7, 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 6:03 p.m., Tuesday, August 7, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Brenda Montague Mayor Rita Ellis Absent - Commissioner Woodie McDuffie Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Douglas Smith, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Sharon Austin with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis noted the addition of Item 9.H., Nominations for the Florida Cities of Excellence Awards Program to the Regular Agenda by addendum. Mayor Ellis stated Item 10.A., Text Amendment 10.A.1(e) has been withdrawn. There is also additional information for Item 9.E., Special Event Reauest/Community Revival and Back to School Event. Mr. Eliopoulos requested that Item 8.N.1., Purchase Award/Orkin Pest Control of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 08/07/07 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of July 24, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Special Meeting of July 31, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. NONE 7. PRESENTATIONS: 7.A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting of July 19, 2007. 8.B. CHANGE ORDER NO. 3BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENT PROJECT/CHAZ EQUIPMENT COMPANY, INC.: Approve Change Order No. 3 in the amount $20,000.00 to Chaz Equipment Company, Inc. for the connection of eight (8) properties to an 8" water main on Swinton Avenue for the Block 64 Drainage and Water Main Improvements Project. Funding is available from 442-5178-536-65.33 (Water/Sewer Renewal & Replacement FundBlock 64 Improvements). 8.C. CONTRACT CLOSEOUT (C.O. NO. 6/FINAL)/DURACLEAN, INC: Approve a Contract Closeout (C.O. No. 6/Final) in the amount of $46,815.98 and final payment in the amount of $49,825.98 to Duraclean, Inc. for the completion of the water damage remediation at Fire Stations No. 1, 2, 3 and 5. Funding is available from 001- 2311-522-46.10 (Fire Department/General Fund/Building Maintenance). 8.D. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/NEEDHAM ROOFING, INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of a $19,452.00 decrease and final payment in the amount of $28,506.00 to Needham Roofing, Inc. for completion of the Pompey Park Center Re-Roofing Project. Funding is available from 334-4172-572-46.10 (General Construction FundBuilding Maintenance). -2- 08/07/07 8.E. CONTRACT REVISION AND RENEWAL/CONSULTING AGREEMENT/URBAN DESIGN STUDIO, LLC: Approve the renewal of a revised consulting agreement with Urban Design Studio, LLC for Beach Overlay District review services. The review fee will increase from $750.00 to $850.00 and the contract period is from August 10, 2007 through August 9, 2008. 8.F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/135 NW 5 AVENUE: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the management and funding of the construction/rehabilitation of 135 NW 5`h Avenue by the City. 8.G. AMENDMENT/SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST. INC.: Approve an amendment to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the costs associated with affordable housing units within the Community Land Trust. 8.H. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANTS FY 2008/DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER/MILLER PARK: Approve a request to apply for grants from the Florida Recreation Development Assistance Program (FRDAP) in the amount of $90,000 for the Delray Beach Family Recreation and Fitness Center for playground equipment, fencing, walkways and drinking fountains, etc., and in the amount of $200,000 for renovations to Miller Park. 8_I. RESOLUTION NO. 45-07: Approve Resolution No. 45-07 naming the Western/Senior Community Center the "Delray Beach Family Recreation and Fitness Center". The caption of Resolution No. 45-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE WESTERN/SENIOR COMMUNITY CENTER THE "DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER". (The official copy of Resolution No. 45-07 is on file at the City Clerk's 8_J. ADDITIONAL AUDIT FEES/CALEB, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A.: Approve the payment of additional Audit Fees for FY 2006 in the amount of $35,906.00 to Caler, Donten, Levine, Druker, Porter & Veil, P.A. for additional audit services. Funding is available from multiple accounts. 8.K. AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT/PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM: Approve Amendment No. 1 to the Interlocal Agreement creating the Palm Beach County Workforce -3- 08/07/07 Development Consortium. 8.L. CONTRACT ADDITION (C.O. NO. 4/BLOCK 64 ALLEY IMPROVEMENT PROJECT/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Addition (C.O. No. 4) in the amount of $77,525.00 to Chaz Equipment Company for the emergency sewer main repairs on SW 7t" Avenue related to the Block 64 Alley Improvement Project. Funding is available from 442-5178-536.46.90 (Water/Sewer Renewal and Replacement Fund/Other Repair/Maintenance Costs). 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period from July 23, 2007 through August 3, 2007. 8.N. AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 2. Purchase award to CDW-Government in the amount of $29,995.00 for seven (7) replacement laptops for the Delray Beach Police Department. Funding is available from 334-2111-521-64.11 (General Construction Fund/Computer Equipment). Mrs. Montague moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. PURCHASE AWARD/ORKIN PEST CONTROL: Purchase award to Orkin Pest Control in the amount of $19,975.00 for a tent fumigation of City Hall for the eradication of termite infestation. Funding is available from 001-1802-512-34.20 (General Fund/Pest Control Services). Richard Hasko, Director of Environmental Services, stated staff discovered some dry wood termite infestation. He stated initially in the City Manager's office and conference room and staff called in to have some investigation done and it was reported back that the termites were scattered all over the building. Mr. Hasko stated the recommendation was to tent the building to get rid of them. The three quotes were obtained (Orkin Pest Control, Terminix, and Nozzle Nolen, Inc.). The lowest quote was from Orkin for $19,975.00. Mr. Eliopoulos stated the reason he requested that this item be removed from the Consent Agenda to the Regular Agenda for discussion is because in early 2000 he had some issues with Orkin Pest Control but his main concern is with the contracts. He stated the contracts are not enforceable and they contain so many clauses that there is -4- 08/07/07 no way the City will be able to go back to them and get anything for it. Mr. Eliopoulos stated with drywood termites this happens over a long period of time and discussed with the City Manager and Mr. Hasko that there are options where they can do spot treatments. Mr. Eliopoulos is proposing to do a thorough treatment whereas they will chemically treat all the wood in the building (i.e. structure). He stated this makes it become preventative and noted- when a building is tented all this is doing is killing the live infestation at that moment and nothing preventative is being done. Mr. Eliopoulos suggested that this item be tabled so that some of the contracts can be reviewed to see how the City can be protected and maybe see some other considerations. He stated he is confident that with drywood termites City Hall will not have any structural damage. Mr. Eliopoulos reiterated that he would like to table this item so that the City Attorney can do further research on the background of Orkin Pest Control. Mrs. Montague suggested as the City Attorney is researching preventative maintenance versus killing everything now to also look at Orkin's warranty information. Mr. Fetzer moved to table, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.A. PUBLIC COMMENTS/FY 2008 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2008 Proposed Budget at this time. Mayor Ellis declared the public hearing open. Carole Cohen, 920 N.W. 23rd Lane, Delray Beach, urged the Commission to not cut funding to the Delray Beach Library. She stated they moved from Fairfield County, Connecticut where they have a gorgeous library. However, Mrs. Cohen stated the library in Fairfield cannot compare to the City of Delray Beach Public Library. There being no one else from the public who wished to address the Commission regarding the 2008 Proposed Budget, the public hearing was closed. 9.B. WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING/DELRAY MAZDA: Consider a waiver request to allow the installation of a 653 square foot temporary modular building for the Delray Mazda Automotive Dealership located at the southeast corner of South Federal Highway and Tropic Boulevard (2001 South Federal Highway). (Quasi-Judicial Hearing) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item. -5- 08/07/07 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. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-258 into the record. Mr. Dorling stated this petition is to allow for the installation of a 653 square foot temporary modular building for the Delray Mazda automotive dealership as a customer service waiting area during the reconstruction of the showroom/office building that was gutted during hurricane Wilma. The required findings to this are outlined in LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting 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 for another applicant or owner. Mr. Dorling stated in the applicant's request they did not indicate the anticipated length of time. Therefore, staff has attached the condition of approval: (1) the temporary use permit shall not be effective until the issuance of a permit for the permanent improvements (i.e. construction of the showroom), (2) that the Temporary Use Permit be valid for no more than two years from the date of issuance, (3) that the modular building be removed from the property and the area restored to a parking area pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the showroom/offices. Staff recommends approval. Jessica Serota, 975 Cypress Drive, Delray Beach, works for Van Dale Custom Homes & Pools Corporation (building the Mazda dealership), stated they need the trailers so they can house people for service because when they drop their cars off they will get the valet service and will be able to walk right into the trailer which is right next to the service area. 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 adopt the Board Order as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.C. DELRAY BEACH MARINA RATES: Consider approval of a proposed rate increase to $.60 per foot per day for non-lived aboard and $.70 per foot per day for live-aboard; increase of late fee from $25.00 to $50.00 and removal of the option of paying the minimum when boat is not in slip. -6- 08/07/07 Joe Weldon, Director of Parks and Recreation, stated at the July 17, 2007 Workshop meeting he made a presentation concerning the raising of the Marina Rates to increase from $.60 per foot per day for non-live-aboards and $.70 per foot per day for live-aboards; and to increase the late fee from $25.00 to $50.00 and removal of the option of paying the minimum when the boat is not in the slip. Mr. Weldon stated staff is also following up on Mayor Ellis' request to see what it would cost to do the infrastructures for the direct metering of electric and water. Mrs. Montague asked if there are any other amenities that might be considered that we do not provide that maybe some of the other marinas provide. In response, Mr. Weldon stated when staff performed the survey they cross-referenced what amenities they provide and the City of Delray Beach is pretty much in line with other marinas. He stated fuel was one issue and noted there was a request from one of the residents to see if we can allow boats in there to re-fuel the boats in the slip because it is a lot cheaper. Mr. Weldon stated staff can look into this; however, even though it is diesel fuel it is a big safety concern for the City of Delray Beach and there is a possibility of an accident. Mrs. Ellis asked if the diesel fuel comes in by truck or boat. In response, Mr. Weldon stated the diesel fuel comes in by truck. Mrs. Montague inquired about the City's maintenance of the marina. Mr. Weldon stated in his opinion the City's maintenance is excellent. Mayor Ellis stated she heard from a couple of people who feel living in the marina is the best thing that could possibly happen to them and their only comment was about the pump out. She stated frequently people do not know how to use it so they said there were problems with the pump out not working. Mayor Ellis stated she was informed that if this happens during the week it is fixed right away but on the weekends it is not. Mayor Ellis stated they did comment that most marinas now have pump out at the slip for each boat as opposed to one main pump out. Mr. Weldon stated staff can look into this when they review some of the other costs. Mr. Weldon stated with regard to the pump out because quarters are put into it some people try to break into it. The City Manager stated staff has received some requests that since the majority of the marina residents are out-of--town during the summer and asked that this be deferred until they return. He stated since this is not a General Fund item if the Commission wishes to defer it until November or December it will not create any financial problem and this would give the residents an opportunity to be heard on this issue. Mrs. Montague asked when the residents are usually back. Mr. Weldon stated usually the City starts their license agreements in October so this could cause a few problems. Mr. Weldon made reference to the survey and stated in his opinion the marina are rates are in line and if anything are still at the low end of what other marinas charge. Mayor Ellis stated one of the people she heard from called around and said even with the City's increase she could not find anything any cheaper. She stated with the 300 people on the City's waiting list who want a slip at this marina tells the City that we have a great marina. However, Mayor Ellis stated she understands that they would not want a rate increase. Mayor Ellis stated people have every opportunity to call or -7- 08/07/07 email the Commission. She noted there are 24 slips and 11 who are actually living on board and recommends that the City move forward with taking care of this action. Mrs. Montague stated she supports the increase taking effect October 1, 2007 but also with a timely response on the request regarding the amenities with some of the improvements. Mr. Weldon stated he will be meeting with the City Manager next week about this. Mr. Fetzer asked what kind of notification has been given to the existing marina residents about this. The City Attorney stated they have licenses that expire. Brief discussion between Mr. Weldon and the Commission continued. Mr. Eliopoulos moved to approve the Delray Beach Marina rate increase, late fee and removal of the option of paying the minimum when boat is not in slip, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.D. PROPOSAL FOR eCivis GRANT NETWORK SERVICES: Consider approval and authorize the Mayor to execute an agreement in the amount of $29,000 with eCivis for their Grant Network Services. Doug Smith, Assistant City Manager, stated eCivis is a company that offers a grant search tool that is web based. Staff had the opportunity to try it out and some of the key advantages of the system are that the system allows for searches to be established for specific types of grants, they maintain a library of previously funded applications for at least some of their items in their system, and one of the most beneficial things is their search tool which allows you to search as like with any other search engine within their grants database with key words and categories, etc. Mr. Smith stated the nice feature is once a customized grant is set up for example funding for a street project, once the search criteria is set up you can have the system send you an email alert any time a new grant comes out that may fall within that criteria. Mr. Smith stated you also get email alerts on new grants in general. He stated there are also grants from Foundations which are ones the City may not typically hear about and these might provide some good potential funding sources. If the City of Delray Beach elected to pay an additional fee, the City could offer this up to 25 users with some of the non-profit groups in the community and this might be a way to help obtain some funding for the programs they have going on. Mrs. Montague moved to approve and authorize the Mayor to execute a one-year agreement with eCivis for Grant Network Services in the amount of $29,000.00, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. -8- 08/07/07 9.E. SPECIAL EVENT REQUEST/COMMUNITY REVIVAL AND BACK TO SCHOOL EVENT: Consider approval of a special event request for a new event, the "Community Revival and Back to School Event" sponsored by One Love-One Community Foundation, Inc. proposed to be held on August 17 - 19, 2007; from 8:00 p.m. to midnight on August 17, 2007, from 11:00 a.m. to 6:00 p.m. on August 18, 2007 and August 19, 2007; and authorize staff support for security, signage, EMS assistance, site clean up and trash removal, use of the new large stage, waiver of stage rental fees and trash box costs, the City to contribute funds in the amount of $1,700.00 and provide the insurance for the event, contingent upon sponsor providing a hold harmless agreement, certificate of liability insurance one (1) week prior to the event and contingent upon the conditions listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated the Commission is requested to approve a special event request sponsored by One Love-One Community Foundation, Inc. to hold a "Community Revival and Back to School Event" at Pompey Park on August 17-19, 2007 from 8:00 p.m. to midnight on Friday, August 17th from 11:00 a.m. to 6:00 p.m. on Saturday and Sunday, August 18th and 19th, to provide staff support for security, EMS assistance, clean up including trash boxes and liners at no cost and use of the new large stage waiving rental fees. In addition, the request includes a $1,700.00 cash contribution to help defray costs for some of the kid games and they would like the City to assume the insurance for the event. Mr. Barcinski stated the submittal time for a special event is sixty (60) days and this one was submitted thirty (30) days prior to the event. In the past, the City has been lenient on the timeframes especially for new events. The estimated overtime costs for this event are $5,000.00, event signage $250.00, trash boxes $120.00, and new stage rental cost of $1,597.00. Based on current Event Policies and Procedures there would be no charge for staff overtime and after the Fire-Rescue Department reviewed this they do not feel they need to be there and they are not recommending on-site EMS service. The event sponsor has also requested a $1,700.00 cash contribution, as well as the City assuming the event liability. The estimate for event liability insurance is about $1,000.00. Staff recommends consideration of the special event request and staff support as requested except for EMS services with the following exceptions and conditions: (1) deny request to waive staff rental fees and trash box costs, (2) deny funding request, (3) deny request for the City to assume event liability, (4) require receipt of Certificate of Liability Insurance and Hold Harmless Agreement one (1) week prior to the event. Staff recommends not approving the cash contribution because there is no funding in the Commission event budget and this could set a precedent for other events and the City has never assumed the liability insurance. Mrs. Montague expressed concern over the issue of waiving the Certificate of Liability Insurance. She stated she checked with the County and for an event the first thing that is asked for is a Certificate of Liability Insurance. Mrs. -9- 08/07/07 Montague stated she does not support this and asked how the event sponsor would be able to hold this event if they do not have the Certificate of Liability Insurance. Mr. Barcinski stated the event sponsor would not be able to hold the event and they would have to go to the insurance company and obtain a Certificate of Liability Insurance and turn it into the City one week prior to the event. Mrs. Montague moved to approve per staff recommendations and no cash contribution to cover the costs, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.F. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board for two (2) year terms ending July 31, 2009 and (1) one regular member to serve an unexpired term ending July 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). Mr. Eliopoulos moved to reappoint Adam Davis as a regular member to the Education Board for a two (2) year term ending July 31, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to reappoint Susan Sikich as a regular member to the Education Board for a two (2) year term ending July 31, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. Mr. Fetzer moved to appoint Kenneth Zeno as a regular member to the Education Board for an unexpired term ending July 31, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint two (2) regular members to the Public Art Advisory Board to serve two (2) year terms ending August 2, 2009. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Montague (Seat #4). Mr. Eliopoulos moved to reappoint Patricia Truscello as a regular member to the Public Art Advisory Board for a two (2) year term ending August 2, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. -10- 08/07/07 Mrs. Montague moved to appoint Robert Currie as a regular member to the Public Art Advisory Board for a two (2) year term ending August 2, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.H. NOMINATION FOR THE FLORIDA CITIES OF EXCELLENCE AWARDS PROGRAM: Consider approval of nominations for the 2007 Florida Cities of Excellence Awards for Ashley Wintemute for the City Employee of the Year Award and the City of Delray Beach for the City of Excellence Award. Doug Smith, Assistant City Manager, stated this item is before the Commission for approval of nominations for the 2007 Florida Cities of Excellence Awards through the Florida League of Cities. These are awards the City of Delray Beach has applied for in different categories over the last number of years. Staff is proposing that the City Commission consider nominations for: (1) Ashley Wintemute (who was just named the Delray Beach SPIRIT Employee of the Year for the City Employee of the Year Award and (2) submit the City of Delray Beach for the Florida City of Excellence Award. Mr. Smith noted that in the City's administrative policy for the SPIRIT Awards there is a section that states the winner of the SPIRIT Employee of the Year Award would be put forth as a nominee for the Florida League of Cities Award. Mrs. Montague moved to approve the nominations for the 2007 Florida Cities of Excellence Awards for Ashley Wintemute for the City Employee of the Year Award and the City of Delray Beach for the City of Excellence Award, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:55 p.m., the Commission moved to Item 12, First Readings portion of the Agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 29-07: An ordinance replacing an existing Florida Power and Light Company (FPL) Franchise Agreement that is set to expire in 2011. If passed, a public hearing will be scheduled for August 21, 2007. The caption of Ordinance No. 29-07 is as follows: AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF DELRAY BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. -11- 08/07/07 office.) (The official copy of Ordinance No. 29-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Don Kiselewski, representative with Florida, Power & Light Comuany, stated he is present to answer any questions the Commission may have. The new FPL franchise if approved by the City Commission will have a thirty (30) year duration (to 2037). The ordinance provides for a revised and simplified franchise fee calculation methodology. The fee contained in the ordinance is 5.9% with no offset for property taxes paid. The current ordinance provides fora 6% fee with the property tax offset. Mr. Fetzer moved to approve Ordinance No. 29-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 30-07: An ordinance amending Chapter 117, "Landlord Permits", of the Code of Ordinances by amending Section 117.2, "Permit Fees", to provide for an increase in the Landlord Permit fee from $30.00 per unit to $50.00 per unit. If passed, a public hearing will be scheduled for August 21, 2007. The caption of Ordinance No. 30-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AND INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Prior to the vote, Mrs. Montague expressed concern with the landlord permit fee increasing from $30.00 to $50.00. Lula Butler, Director of Community Improvement, stated staff performed a survey of other municipalities that have a similar fee and Delray Beach was much lower. The average is between $90.00 and $110.00 and therefore increasing the fee to $50.00 puts the City at the median range. Also, Mrs. -12- 08/07/07 Butler stated the City of Delray Beach has a rental inspector position that does the random inspections, monthly workshops and training. Therefore, Mrs. Butler stated the City of Delray Beach offers something for the dollars that are being collected. Mr. Fetzer moved to approve Ordinance No. 30-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 22-07 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2007-2): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2007-2 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2007-2 includes: The caption of Ordinance No. 22-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2007-2, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" EXCEPT WITH THE WITHDRAWAL OF SECTION 5 ON PAGE 9 ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2007-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-07 is on file in the City Clerk's 1. Text Amendments: a. Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the allowable percentage of building area devoted to residential use from 15% to 75% at a maximum density of 30 units per acre within the Four Corners Overlay District, subject to the provision of workforce housing. -13- 08/07/07 b. Future Land Use Element -Modification of Policy A-7.2 to include the provision of workforce housing in the Four Corners Overlay District. c. Future Land Use Element -Modification of the description of the TRN (Transitional) Future Land Use designation to allow for increased residential density up to 24 units per acre within the Carver Estates Overlay District, subject to the provision of workforce housing. d. Future Land Use Element - Expansion of the Southwest Neighborhood Area Overlay District to include properties located 1/2 block on either side of SW 12th Avenue, between SW 2nd Street and SW 3rd Street. This overlay district allows a maximum density of 24 units per acre, subject to the provision of workforce housing. e. Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the maximum density on properties lying within the Four Corners Overlay District which are not located at the intersection of Atlantic Avenue and Military Trail and which have less than 160 feet of direct frontage on Atlantic Avenue to 50 units per acre. Residential development on these properties may comprise up to 100% of the total building area and shall not be subject to the requirement to provide workforce housing. f. Future Land Use Element -Modification of the description of the Medium Density Residential Future Land Use designation to accommodate expansion of the Carver Estates Overlay Area to include the south portion of the Auburn Trace Development. This area is currently located within the Infill Workforce Housing Area which allows up to 18 units per acre, subject to the provision of workforce housing. Within the Carver Estates Overlay Area, the maximum density will increase to 24 units per area. 2. Future Land Use Map Amendments: a. City initiated Future Land Use Map amendment for approximately 3.9 acres, located %z block on either side of SW 12th Avenue, between SW 2nd Street and SW 3rd Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12 du/ac). Mayor Ellis stated text amendment 10.A.1.e. dealing with the four corners has been withdrawn. The City Attorney stated this will be deleted from page 9 of the attached report and eliminated from Section 5 dealing with the four corners. -14- 08/07/07 Ron Hoggard, AICP, Principal Planner entered the Planning and Zoning Department project file #2007-243 and #2007-244 into the record. Ron Hoggard, AICP, Principal Planner, stated this is Comprehensive Plan Amendment 2007-2 on July 10, 2007. The amendment is the same as when it was initiated except for the omission of text amendment #5 page 9. The amendment includes one (1) City-initiated Future Land Use Map Amendment, four (4) City-initiated Text Amendments, and one (1) Privately-initiated Text Amendment. Mr. Hoggard briefly reviewed the text amendments and the Future Land Use Map Amendments. Mayor Ellis declared the public hearing open. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, stated she lives near Auburn Trace and down the street from where the homes were built on the garbage dump (Carver Square). She stated there are big problems at the other end of her street. Ms. Moody stated it seems like the City will have the same problem with building because the land has not been modified and she feels that the land should be taken care of first then assess how many homes will be built. She stated she has lived in the area a long time and has seen what it was like before. Ms. Moody urged the Commission to not allow any more building until the problem with the land is resolved. Michael Weiner, 102 North Swinton Avenue, Delray Beach, representing Auburn Trace, stated he believes Ms. Moody was talking about the City initiated amendment concerning the property which is further to the south. Mr. Weiner reassured Ms. Moody that this is a first step and that nothing actually happens until the Comprehensive Plan comes back for the Commission to see again and after that, there are many steps including zonings, site plans, building permits, and environmental reports that have to be done. Glen Reoyo, 134 S.W. 12th Avenue, Delray Beach, since this is being changed from low density to medium density he would like to know what is planned for this area (i.e. an apartment complex, rental property, a condominium, or townhomes). Mr. Reoyo feels this will bring more traffic to the area and he would like to know what is going to be built before the Commission votes on this. Mrs. Montague stated if she understands Ms. Moody correctly, she is talking about Carver Estates being there right now and she is concerned about removing that and preparing that property in order for new development to come in. Ms. Moody responded that when land is going to be redeveloped you have to move what is broken down by making sure the land is leveled and surveyed before starting to build on it. Lula Butler, Director of Community Improvement, stated she believes Ms. Moody is talking about Carver Square and Carver Square properties have been acquired by the Community Redevelopment Agency (CRA). The demolition permits are in and staff is processing those now. Mrs. Butler stated those homes will be demolished and the land will be mitigated and noted they will take everything out that is there and will put -15- 08/07/07 back good soil before they rebuild a new subdivision. She stated in the lands that is before the Commission this evening staff does not have any record of those being former garbage sites. Mrs. Butler stated the Codes have changed and noted when Carver Square was built the City did not require soil borings so there was no requirement to demonstrate that you had good soil but now there is. Mrs. Montague stated there is a communication issue here and she suggested that the Delray Beach Housing Authority and Auburn Trace educate the community so they understand what is happening. Mrs. Montague suggested that Ms. Moody meet with Mrs. Butler and Mr. Weiner to address her specific questions. There being no one else from the public who wished to address the Commission regarding Ordinance No. 22-07, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 22-07 (First Reading/Transmittal Hearing) as amended withdrawing Section 5 on page 9, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 10.B. RESOLUTION NO. 44-07: Approve and adopt Resolution No. 44-07 setting forth an inventory list of properties to be used for affordable housing in accordance with Section 166.0451 of the Florida Statutes. office.) The caption of Resolution No. 44-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING FORTH AN INVENTORY LIST OF PROPERTY TO BE USED FOR AFFORDABLE HOUSING 1N ACCORDANCE WITH SECTION 166.0451 OF THE FLORIDA STATUTES. (The official copy of Resolution No. 44-07 is on file in the City Clerk's The City Attorney stated this is a resolution that is required by Florida Statutes for municipalities to list lands that they know that they own that is appropriate for affordable housing located on 133 Road South and Barwick Road. 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. Mrs. Montague moved to approve Resolution No. 44-07, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. -16- 08/07/07 10.C. ORDINANCE NO. 24-07: City initiated amendment to the Land Development Regulations (LDR) Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(K), "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(A), "Purpose and Intent", to add references to the Carver Estates Overlay District and the Infill Workforce Housing Area. (POSTPONED TO AUGUST 21.2007 DUE TO FURTHER ADVERTISING) office.) The caption of Ordinance No. 24-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(x), "DEVELOPMENT STANDARDS MATRIX", AND SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(A), "PURPOSE AND INTENT", TO ADD REFERENCES TO THE CARVER ESTATES OVERLAY DISTRICT AND INFILL WORKFORCE HOUSING AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-07 is on file in the City Clerk's Mr. Fetzer moved to postpone Item 10.C. -Item 10.G. (Ordinance Nos. 24-07, 25-07, 26-07, 27-07, and 28-07) to the City Commission meeting of August 21, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.D. POSTPONED TO AUGUST 21. 2007 DUE TO FURTHER ADVERTISING 10.E. POSTPONED TO AUGUST 21, 2007 DUE TO FURTHER ADVERTISING 10.F. POSTPONED TO AUGUST 21. 2007 DUE TO FURTHER ADVERTISING 10.G. POSTPONED TO AUGUST 21. 2007 DUE TO FURTHER ADVERTISING At this point, the Commission moved to Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 17- 08/07/07 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and 11.B. From the Public. 11.B.1. or Children & Families (ACCF) (lives at 17 N.W. 15"' Street, Delray Beach), stated she emailed the Commission earlier this week in response to the proposed cut that may affect the Achievement Centers for Children and Families. She stated they are in partnership with the City of Delray Beach for over seven hundred (700) of the neediest children in this community. She stated the priority child is the abused, abandoned and neglected child or those that are at high risk for that to happen. Mrs. Hurd stated they have received $25,000.00 under the charitable and the benevolent line items, and noted this is earmarked for that particular high priority child (usually the babies at the center on the north campus). She stated all of the children are considered at high risk for academic failures, or for the lure of the streets that they would be in, if it was not for the safe haven that the Achievement Centers for Children and Families provided. Mrs. Hurd stated the City's contribution, spread among all the children, amounts to approximately $36.00 annually a year. She urged the Commission to weigh the benefit and value that this agency brings to the community and their investment of returning over $3 million worth of direct services to the children. Mrs. Hurd urged the Commission to keep the funding of $25,000.00 in the budget. 11.B.2. Robert Ganger, Florida Coalition for Preservation, stated approximately a month and a half ago he came before the Commission and discussed the Urban Land Institute Study that he was trying to promote prior to the time the developer walked out on Briny Breezes. At the time, the purpose of doing an Urban Land Institute Study was to bring some sense into the dialogue, and to allow the neighboring communities to participate in the ultimate decision of the fate of Briny Breezes. Mr. Ganger stated at the time, they were strongly opposed to the plan that Ocean Land Development had which left Briny Breezes dangling. As the Florida Coalition for Preservation, they would like the opportunity to sponsor an Urban Land Institute Study to help bring some sense as to what could happen in that community and turn it into something that all of its neighbors would be pleased to have as apart of the neighborhood. Mr. Ganger felt Mayor Bennett needs help from his neighbors to give Briny Breezes residents some idea of what the real land value is in a redevelopment mode, and then to help guide developers who might come in and make proposals to have something that the communities on either side (north and south) would accept. He stated he may be coming back to the Commission over the next several weeks or months to ask for the support of the people of Delray Beach, to their neighbors, to figure out what is best for everyone. -18- 08/07/07 Secondly, Mr. Ganger stated the Delray Beach Historical Society is going to move the Hunt House one way or another and turn it into a research center that will make the entire community proud. 11.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, commented about Nancy Hurd's comments regarding abused children. Ms. Moody discussed some of her personal issues in her life and felt that one can rise above abusive situations. She stated there is a lot that she has changed in her life and noted she is learning, but slowly. Ms. Moody urged the Commission to work with her in the right situation. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated the City has received a request from the Palm Beach County Caucus of Black Elected Officials and noted they are having their Gala in September. They have asked the City of Delray Beach to support the event. He stated last year the City purchased a one half (%2) page ad. The cost of the ad this year will be approximately $300.00, and the City also purchased two individual tickets. The City Manager stated if the Commission wishes to do the same thing for this year's event then he needs direction from the Commission to proceed. The City Manager noted that the event will be held at the Breakers Hotel this year. It was the consensus of the Commission to support this event. Secondly, the City Manager stated he obtained a copy of the letter that Nancy Hurd sent to the Commission and if this amount is added back in, he recommends that it be reduced by fifteen (15%) as was done by the other non-profits which were kept. After brief discussion, it was the consensus of the Commission to put the non-profit Achievement Centers for Children and Families back into the budget at $25,000.00. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he received an email from Mr. Bill Morns regarding some additional support that his company is willing to do to help with the City's special events. He was very pleased to see Mr. Morris and his company taking a more aggressive roll in funding some of these things. -19- 08/07/07 Secondly, he stated he really enjoyed the Annual S.P.I.R.I.T. (Service, Performance, Responsible, Integrity, Innovative, and Teamwork) Awards Banquet and apologized for having to leave early so he missed part of the awards. Mr. Fetzer stated it was a great event. 13.C.2. Mr. Eliououlos Mr. Eliopoulos echoed comments expressed by Mr. Fetzer regarding the S.P.I.R.I.T. Banquet. He stated everyone had a great time and he hopes the City can continue the tradition. Guidelines. Secondly, he commented about a Workshop today regarding the Historic 13.C.3. Mrs. Montague the ribs. Mrs. Montague commented about the Roots Event. She was a judge for Secondly, she stated the S.P.I.R.I.T. Awards Banquet was wonderful. Mrs. Montague stated the participation, enthusiasm, the gratefulness from the employees and the recognition awards was great to see. Mrs. Montague stated it has been a wonderful week. 13.C.4. Manor Ellis Mayor Ellis commented about the Roots Event and the judging of the ribs. She stated the event was well attended by families, vendors, etc. However, she commented about the rap group that performed, and stated the language was totally unacceptable for a family event. Mayor Ellis stated the language was offensive and certainly not appropriate for a family event that the City would have at one of its pristine parks. Mayor Ellis stated whatever needs to be done to address the issue needs to be done (i.e. perhaps groups should be screened). She stated aside from that, the rest of the event was exceptional and well organized. Secondly, she stated the City is raising some rates at the marina and at different venues. Mayor Ellis stated what we are finding is that we have not addressed these rates in way too long a period of time. She stated the City needs to take a look at the fee schedules more frequently than what we are doing now. She suggested looking into this so we have increases that are smaller in nature and more palatable to the people that the fees affect, so we are not going such a long period of time without addressing the increases. Mayor Ellis stated costs increase every year, and as a business person, she knows you have to look at it every year. She stated based on what the fee is, maybe we can determine how frequently it needs to be addressed and make a determination so these long stretches do not go by. -20- 08/07/07 Mayor Ellis commented about the Office Depot Backpack Event which will be held tomorrow (August 8, 2007). She stated Office Depot gave the Mayor's office five hundred (500) backpacks to distribute. The After School Program was not on Office Depot's list and therefore the backpacks will be distributed to the children who attend the After School Program. She stated this is a wonderful program and the children are able to start school with school supplies and a backpack that they may not have otherwise had the opportunity to do. Mayor Ellis stated this is very much appreciated. There being no further business, Mayor Ellis declared the meeting adjourned at 7:51 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 Regular City Commission Meeting held on August 7, 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. -21 - 08/07/07 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTED BY DELRAY MAZDA 1. This waiver request came before the City Commission on August 7, 2007. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Delray Mazda. All of the evidence is part of the record in this case. 3. Temporary Use Permit: Section 2.4.6(F)(1) provides that no temporary use shall be allowed except as provided in Subsection (F) or as othen~vise provided for in these Regulations. (See, LDR Section 2.4.6(F) attached hereto). The applicant has requested a temporary use permit to construct a temporary modular building to provide a clean and safe area for their customers to wait while the vehicles are being repaired during the construction of a showroom/office area. 4. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Should the waiver be granted for the temporary modular building subject to the conditional uses listed below? 1. The Temporary Use Permit shall not be effective until the issuance of a permit for the permanent improvements (i.e. construction of the showroom). 2. That the Temporary Use Permit be valid for no more than two years from the date of issuance. Ikr,Mq.B 3. That the modular building be removed from the property and the area restored to a parking area pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the showroom/offices. Yes 4 No 0 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves X denies the waiver requests subject to the conditions set forth herein and hereby adopts this Order this 7th day of August, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: Chevelle Nubin City Clerk Rita Ellis, Mayor 2 SPECIAL/WORKSHOP AUGUST 14, 2007 A Special 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 6:06 p.m., on Tuesday, August 14, 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, Ciry Clerk Mayor Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1. ~ZUEST FOR RECONSIDERATION OF SPECIAL EVENT APPROVAL/PARKING/GARLIC FEST/CHILI COOK-OFF: Consider a request received from Nancy Stewart to reconsider the approval allowing the event sponsor to charge and collect parking revenues in the park garages for the Garlic Fest and Chili Cook- Off events. Staff recommends denial of the appeal. Robert Barcinski, Assistant City Manager presented this item. It was decided at a previous meeting that the City would collect the fees for the parking garages at the Garlic Fest and the Chili Cook-Off. The City would use the funds collected to offset the maintenance costs. Susan Ruby, Ciry Attorney advised the Commission they must make a motion to reconsider the approval to allow the event sponsor to charge and collect parking revenues. Mr. Fetzer moved to reconsider the approval, seconded by Mrs. Montague. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes; Mr. Eliopoulus -Yes. Said motion passed 5-0. Nancy Stewart, Executive Director of Delray Beach Arts Inc., discussed the events and parking garages. Mr. Eliopoulos asked what is the projected parking revenue from the Garlic Fest/Chili Cook-Off event. Ms. Stewart stated last year the revenue was just under $5,000. David T. Harden, City Manager, suggested that since we do not own the county garage, we might allow the Garlic Fest to have that, but keep operational the parking garages we actually own, the Federspiel and Old School Square (when it is complete). Mayor Ellis agreed with Mr. Harden's suggestion. Mr. Fetzer asked the dates of the event. Ms. Stewart announced the Chili Cook-off will be October 20, 2007 and the Garlic Fest is February 8-10, 2008. She stated approval cannot be requested from Palm Beach County until there is a letter from the City that states they have approval. Mrs. Montague questioned what parking facilities had been used up to now. Mrs. Stewart stated event-goers are charged for parking in the Courthouse garage. Mr. Fetzer moved to allow the sponsor to charge & collect parking revenues from the Courthouse garage only; seconded by Mr. Eliopoulos. Mr. Fetzer amended his motion to allow the sponsor to charge and collect parking revenues from the courthouse garage as a "one-time approval only" for the Chili Cook-Off; seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed 5-0. 2. AGREEMENT/NAMING RIGHTS/FUTBOLMASTERS, INC.: Consider approval of a marketing agreement between the City and FutbolMasters, Inc. for the naming rights of the Tennis Center. Robert Barcinski, Assistant City Manager, presented this item. He gave background information on some of the failed prior attempts to sell the naming rights of the Tennis Center. Mr. Barcinski stated three companies approached him to resurrect the idea of getting the naming rights of the Tennis Center so that the City could generate some additional revenue for the site and off-set some of the costs. Mr. Barcinski announced that Steve Leighton, Managing Director of FutbolMasters Inc., was present in the audience to answer any questions and offer more information on the company. The term of the agreement would be for six (6)-months and the compensation would be twenty percent (20%) of the annual Naming Rights fee; contingent that the Naming Rights are sold. 2 August 14, 2007 Mr. McDuffie moved to approve the Naming Rights Agreement with FutbolMasters, Inc. as proposed; seconded by Mr. Eliopoulos. Upon roll call, the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed 5-0. Mayor Ellis adjourned the Special Meeting at 6:19 p.m. WORKSHOP AGENDA 1. Auburn Group/Delray Beach Housing Authority Presentation. Dorothy Ellington, Executive Director of the Delray Beach Housing Authority introduced this item and stated they were here to update the Commission regarding their redevelopment project. Mrs. Ellington announced to the Commission they would apply for the HOPE VI Grant again and asked for the support of the City. Ciro Berguiristan, First Vice President of Auburn Development LLC, 1301 SW 10s' Avenue, was introduced by Mrs. Ellington. Mr. Berguiristan did a PowerPoint presentation which discussed the status of the redevelopment plan for Carver Estates. After Carver Estates suffered major humcane damage in 2005, it was condemned, and residents had to be relocated. In addition, Auburn Trace's funding from the State of Florida to keep it affordable with the rent restrictions expired. Mr. Berguiristan stated Auburn Development LLC., is a for profit company with a "social" mission, which is to build affordable housing and thereby improve the quality of life for people, which is also the mission of the Housing Authority. The theme concept of the redevelopment area is "Villages," which ties into the present community. The integration of positive financial role models in the community would be an appropriate approach. The affordable homes and the market rate units would look identical and evenly distributed throughout the community. The redevelopment plan is a $200,000,000 project. Mr. Berguiristan advised it is their commitment to recruit and process minority and women business enterprises to work on this redevelopment. Local firms in Palm Beach County would have the maximum opportunity to benefit from the investment dollars being made. In addition to the PowerPoint presentation, Mr. Berguiristan made a request to the City for $250,000 in funding per year in Community Development Block Grant (CDBG) funding for the affordable rental development starting FY 2008 for four (4) years for a total of $1,000,000; this amount can be negotiated if needed. The affordable rental is the most difficult part to fund because it is the most restricted. It is for families that earn less than sixty percent (60%) of the area median income and the units still have to be built and financed. The State of Florida is providing equity through tax credits for the development of the housing, however it is not enough. An Urban Development Action Grant (UDAG) was acquired years ago from the federal government for the City. The money was in turn loaned to Auburn Trace for the construction of the affordable rentals at that time. Mr. Berguiristan asked that the portion that represents the low pro-rata or one-third (eleven acres) of the loan be forgiven. The loan will be paid as homes are sold on Village bakes, the future development on the north of Auburn Trace. Payments will continue to be made as scheduled, even though a portion of the loan is forgiven, until it is paid off. 3 August 14, 2007 Mr. Berguiristan also discussed the retention and landscape and the City's partnership on the Community Workforce Housing Innovation Program's (CWHIP) application to get additional funding to provide down payment assistance for the workforce people in the City. Mr. Eliopoulos loved the presentation, but requested more information on the time plan and Auburn Group's experience with a project of this magnitude. He wants to know what is expected of the City and wants to be sure the developer is not being stretched too thin. Mr. Berguiristan discussed the feasibility, cost of land and pricing. He also discussed some of the accomplishments of the Auburn Group. Mr. Berguiristan requested he is asking the City for CDBG funding and forgiveness of the portion of UDAG loan given by the City, also, permission for beautification of the six-acre retention which is partnered with the Palm Beach County School Board and with CWHIP. Mr. Fetzer asked about the grant application opportunities for this project and when this will need to be submitted. Mrs. Ellington stated the applications are due November 7, 2007 and research is being conducted to complete the application. Funding is being looked at from all income levels. Mr. Fetzer asked the effect of the economics on the CWHIP grant for this project. Mrs. Ellington advised the CWHIP grant provides for a higher income group (140% of the median income) whereas HOPE VI is eighty (80%) or below the median income. Mrs. Montague asked the estimated schedule of implementation of the plan. Mr. Berguiristan explained he hopes to start sales October 2007 with construction to start February 2008. The first family will take occupancy October 2008 while rental communities will start Apri12008. The entire fifty-four acre site would be completed in six (6) years. Mr. McDuffie asked how realistic is the $250,000 from funding CDBG per year. He also wanted to quantify the interest per annum for the forgiveness loan. Mr. Berguiristan stated it is one third (1 /3) of $5,000,000; the number would have to be verified through finance and Mr. Harden. Mayor Ellis stated she is very excited about the project and thought it was a wonderful presentation. 2. Old School Square Presentation -Executive Committee of the OSS Board of Directors Joe Gillie, Executive Director of Old School Square, presented this item. He thanked Robert Barcinski, Assistant City Manager and City Liaison to Board. Mr. Gillie introduced Brian Cheslack, President of Old School Square, Jay Alperin, Chairman of the Board for Old School Square, John Hinckley, Director of Finance/Comptroller of Old School Square, Peggy Murphy, Center Services Director of Old School Square, and Melissa Carter, Marketing & Public Relations Director of Old School Square. 4 August 14, 2007 Mr. Gillie provided information on Old School Square's impact on culture, art, and revenue throughout the City. Old School Square is expecting an $80,000 budget cut from Palm Beach County as a result of the Tourist Development Council (I'DC) funds lost and additional funds lost from revenue by the State. The Endowment program is growing and doing well. Funds collected are used to offset some of the cost for staff. Mr. Gillie also discussed the strategic plan that Mr. Alperin is working on at this time. He requested that the City continue with its partnership based on the impact Old School Square makes on its environment. Mr. Eliopoulos acknowledged that Old School Square does a lot of the events, but all avenues will have to be looked into and questioned what is actually being "brought to the table." 3. Discussion regarding,~posed budget for FY 2008 for the following: • Suggested adjustments to proposed budget • City Commission • City Manager • City Attorney • Human Resources • City Clerk • Finance • Police • Fire-Rescue lic Cowmen Mayor Ellis announced this is a public meeting and opened the floor to public comments on the proposed budget for FY 2008. Matthew Grabham 350 SE 7~' Avenue, Delray Beach discussed how he is struggling with his taxes which have doubled. He does not understand why things are so drastically different compared to 2004. He stated any education that can be offered to understand this would be helpful. David T. Harden, City Manager, discussed the back-up material that listed suggested adjustments to the budget and discussed the Capital Improvement Projects (CIP) Budget. Mr. McDuffie questioned the benefit to property and business owners and more information on the increase of landlord permits and business taxes. Lula Buller, Director of Community Improvement, addressed the question of the business taxes and landlord permit increases. Mrs. Butler explained that landlord permits are relatively low compared to other cities and business taxes can be increased every two years. Mrs. Montague questioned the renovation of the building at Pompey Park, would the renovation be just the building itself? Will it include the bleachers and pool house? August 14, 2007 Mr. Harden advised the renovation would be of the building itself. The renovation did not include the bleachers and pool house, which will be deferred to a later time. Mr. Fetzer wanted to know how to approach cutting the budget. Cities to the South have done this differently and he was not sure if we did it better or they did it better. He stated he would like to eliminate positions that are not cost-effective or that are vacant to fund some of the programs where funding is being cut such as the library. Mr. Harden stated eighteen and one-half (18 '/2) positions were identified that could be cut, but it was his understanding that Commission does not want to lay anyone off, however the option is still there. Mr. Eliopoulos stated that his personal concern were cuts in Public Safety where it would effect head count and response time to residents. He voiced a concern to not fill five currently vacant spots in the Police Department. Mr. Eliopoulos stated he does not favor any layoffs; however, he wants to eliminate any position that he can that is not cost-effective fox the City under the current environment. Mr. Harden explained that the Police positions would not be eliminated. The funding would be allocated to the three civilian positions in the Police Department that would have been cut and allow more overtime for Police. The two general employee positions which are currently vacant would be cut from the budget. Mr. Eliopoulos requested to clarify his previous comments; he does not advocate the City do what Boca Raton did with its employees. He believes it is the job of the Ciry Manager and staff to review positions for possible cuts. Although he does not advocate cutting wages, he would rather freeze wages to avoid layoffs. Mayor Ellis advised that Commission has to cut and eliminate what makes the most sense to provide core services to the citizens and the people it takes to provide those core services. Because of the number of people that come through the departments on a daily basis for information and to conduct business, the North Wing of City Hall should be considered to be renovated. The other recommendations made are with the best intentions. Mrs. Montague asked if the $400,000 from the Community Redevelopment Agency (CRA) had been confirmed. She also asked about remodeling the IT Building and the North Wing. She wanted to know some of the repercussions to moving on with remodeling or if they choose not to move forward. Mr. Harden explained the CIP projects listed on the handout given to Commission would not be completed unless additional funding comes through. Mrs. Montague asked if the projects have to be done simultaneously. Mr. Harden advised that they do not and the IT Building has not been bidded out yet. Mrs. Montague asked Mr. Harden what he is looking for from the Commission tonight. 6 August 14, 2007 Mr. Fetzer stated he would personally like to go through each department specifically. Mr. McDuffie concurs with Mr. Fetzer. It was the consensus of the Commission to carry individual departments over to the August 21, 2007 Commission Meeting. Mayor Ellis adjourned the Special Meeting at 8:16 p.m. Ciry Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, August 14, 2007 which Minutes were formally approved and adopted by the Ciry Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the Ciry 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. 7 August 14, 2007 WHEREAS, Save A Life Foundation's mission is to heighten public awareness and train individuals in Basic Life Saving techniques for emergency situations; WHEREAS, Save A Life Foundation, utilizes only Emergency Medical Service Professionals as Instructors to teach basic Life Supporting First Aid techniques to schoolchildren, grades K-12 and adults; and WHEREAS, the administration of Basic Life Saving techniques, Cardiopulmonary- Resuscitation (CPR), Heimlich maneuver, and the use of an Automatic External Defibrillator (AED), helps to maintain life until professionals arrive, thus significantly reducing deaths and disabling injuries; WHEREAS, the U.S. Conference of Mayors passed the Community Response System Initiative (CRSI) resolution and the U.S. Senate Homeland Security and Government Affairs Committee passed the CRSI Act, both presented by Save A Life Foundation, calling for the need for communities to create Community Response System Initiative (CRSI) committees to encourage citizens inGuding children (grades K - 12) to learn Life Supporting First Aid skills in case of emergency; and WHEREAS, Save A Life Foundation works with local, state and federal govemment organizations and the private sector to highlight the importance of public emergency preparedness and effective emergency response; and WHEREAS, Save A Life Foundation, an affiliate of the U.S. Department of Homeland Security, encourages all municipalities to recognize Save A Life Month in conjunction with Homeland Security's National Preparedness Month, a nationwide effort to encourage Americans to prepare for emergencies. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of September, 2007 as "NATIONAL SAVE A LIFE MONTH" in Delray Beach and urge all residents to support basic Life Supporting First Aid Training Programs in our community. 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 _ day of August, 2007. RITA ELLIS MAYOR ~A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JASMIN ALLEN, PLANNER PAUL DORLING, AIC (RECTOR PLANNING AND ZONING D P , THROUGH: ,~, , / ~ CITY MANAGER G~/+i I DATE: AUGUST 14, 2007 SUBJECT: AGEI~DA_ ITEM #___ ~ ~ _ /_ .`_ _ _ -REGULAR MEETING OF LOCATED AT 320-32$ NE 6'" AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a right-of-way deed associated with a Class III site plan modification to atlow the conversion of use and renovation of the southernmost building at the Wayside House, which is located on the west side of NE fi"' Avenue, south of NE 4~' Street (320-328 NE 6~' Avenue). BAC1„~~3ROUND Wayside House is a Residential Licensed Service Provider Facility that provides for room and board for substance abuse treatment/rehabititation for women. The subject site is zoned CBD (central Business District). The site consists of the south 7.3 feet of Lot 2 and Lots 3 thru 11, Block 105, Highland Park Delray and contains several buildings. In 1999, Lots 10 and 11 were acquired by the Wayside House. This parcel contains a t 4,369 sq. ft. building which previously accommodated retail and restaurant uses. A Class III site plan modification was processed to allow the conversion and renovation of the building from restaurant/retail to offices for the Wayside House. REVIEW BY OTHERS At its meeting of July 25, 2007, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Ptan Mod cation far the Wayside House, subject to conditions, which included recordation of a two foot (2') right-of--way deed for the adjacent alley. Pursuant to LDR Sections 5.3.1(D)(2) and 5.3.1(D)(3), the required width of an alley is 20' or the existing dominant width and additional right-of--way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The currently dedicated alley right-of-way is 16'. The City Engineer has determined that the width of the alley should be expanded to a total width of 20', which is consistent with the widths that have been provided with recent redevelopment proposals in the downtown. Therefore, a dedication of two feet (2') (one-half the additional right-of--way) from the area of the property subject to the Class III site plan mod cation (tots 10 and 11) was required. The right-of-way deed submitted includes the area of the site subject to the site plan rnod~cation (Lots 10 and 11 } as well as the abutting parking lot located on Lots 8 and 9. The dedication of additional alley right-of-way will be obtained from the reminder of the site as redevelopment occurs. The City Attorney has reviewed the Right- of-Way Deed and form for legal sufficiency, and has determined it to be acceptable. RECOMMENDATION By motion, accept the right-of-way deed for the Wayside House building located at 328 NE 6"' Avenue. Attachments: Location Map, Reduced Site Pian, Righi-of-Way Deed Z ____ -- .__... ___._ ..__......._. 3 .... _......... W ..._._. -- > p w i ...._ ...._...... O -........ _ Q .._....__ ~ ~ Q ~ _......_ -__..... .. .............. __ ..____-_ J W Q - ._ ........... .... ........___ __._ J 0- ~ ____._ ___ _. Q __..._._...... . - ____._._. _... _ ____ Z _ _.___. W ~u uu~uu~ 0 z r r _...._. _...._.. } _ __ _ J .___._............ J Q Q 2' -._._._ ___ Q' W W L7 --._.__.. ~ W ..........._._.... W L~ l~ j _._. a ...._.... ~ 0 Z Z m -- ~ ' m i ._i... 1 _.... ___. O --~~~_~_ 7 ~ - O _-___.._....._ ~ _ ; Z a . . . . . . . . . . . . . . . . . . . . . . . . f- W W Z ....-j------- N PROPOSED RIGHT-OF-WAY DEDN WAYSIDE HOUSE -~ qTY OF DELRAY BEACH, FL TOTAL PROPERTY AREA LOCATION MAP PLANNING k ZONING DEPARTMENT ~'---'~ L___J -- DlC/7AL BAS£ MAP SY57FM -- MAP REF: 5:\Planning do Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1024_WAYSIDE HOUSE V.E. 5TH ST. _. S T. [i ~f~Y '4 W o g G sg aLL ~~~'~~~~~ M ~ ?i (9 Z ~~ .{~~ o w uir ~~ ~~n~3°e : ~ a m O UI Q ~e a 3~ ~ a a ~ Q O rvw p¢° ~~eo,-`v ~ ~-. „o i° s T-i Q Z a= Y '`R~ QT4~~ ~~~°~ ~'~d2 .§ ~'a f ~4$6~ 5 %e.a~ a e~4~~ i~aa ~~~~~ ~~~~ J g 4 ~ ~! ~ €3~ Y n~ ~ J't c U g~; ~ ~ ~~~ Qi~Y ~ a ~,vnti-i~n~ ~va~a~~ g i ~~ -e z® /.....w. ..n ~n-i-~.\ ..v..1 .~nM1l h..~ •r /n ~ iM~/e•s/r ~/iY n•'lr vine\~vwnv~~v ~1 rC1 C[I~IT ~~Vf1Al xflAll 7l1TC INIUI TATA//1\:f L~J ~ Z 9 N Z ~ Q ~ ~ J ~~ Prepared by: RETURN: J. Jeffrey Thistle, Esq. Devitt, Thistle & Devitt, P.A. 30 S.E. 4`~ Avenue Delray Beach, Florida 33483 PIN # RIGHT-OF-WAY DEED THIS INDENTURE made this ~ day of ~ ~ ~ 2007, between WAYSIDE HOUSE, INC., a Florida corporation not for profit, with a mailing address of 378 N.E. Sixth Avenue, Delray Beach, Florida 33483, 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 parry of the first part, in law or in equity to the only proper use, benefit, and behalf of the said parry 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 in~th~e presence o£ ~ ~ l ( ~ ~ ~ ,e ec ~e- e printed or typed) /~ (~ WAYSIDE HOUSE, INC., a Florida corporati~oJn not for p/r~ofit Ph is Callaway, Vice Presi ent 378 N.E. Sixth Avenue Delray Beach, FL 33483 (Name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~-~ day of Sv,.> E , 2007, by Phyllis Callaway, Vice President of Wayside House, Inc., a Florida ; corporation not for profit, who is personally known to me or has produced fL _ r1~~~~.~'s l «~Nrris identification. ~~_ Signature of Notary Public State of Florida " CHRISTINA NORRHOLM 2 ~,,, ~ MY COMMi8810N li DO 393831 EXPIRES; February 10, 2009 @¢ fhtu NoNry Paella urwMwrMn EXHIBIT "A" The west two feet of Lots 8, 9, 10 and 11, Block 105, Highland Park, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 2, Page 79. SI C E T G7I O F D E S CR I P770N BT.OCSlOS BLOC~IQf ~~ ~ IRS OS I LOT/8 LO7'/1 BIAG~lQf B-.000~1Qf 200' -- F.X67IlVG PIA77ID16'AIlEY THE WEST TWO FEET OF LOTS 8, 9, 10 AND 11, BLOCK 105, HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 78, TO BE DEDICATED AS REQUIRED BY THE CITY OF DELRAY BEACH , AS ADDITIONAL ALLEY RIGHT-0F--WAY. THIS IS NOT A SURVEY \_~~ Renner, Burgess, Inc. AutAOrfzation NumOer LB650a 1 S.E. 4th Ave., Suite 205 Delray Beach, FL 33483 I hereby Phone 561-243-4624 meets ~ Fax 243-4869 Florid West Palm 735-7639 Statu s West Palm Fax 735-7641 Toll Free 1-800-773-5531 Fax Free 1-800-954-4408 H r A. Not valid unless sealed with embossed surveyor's seal that the SKETCH OF DESCRIPTION .shown hereon ~~m technical standards set forth in Chapter 61 G17-6, rt]ative~Code~rsuant to Section 472.027, Florida P.L.S. No. 5089' MEMORANDUM TO: Mayor and Commissioners FROM: Begor"ia Krane THROUGH: David T. Hazden, City Manager DATE: August 13, 2007 SUBJECT: RESOLUTION 14-07 --ABANDONMENT OF UTILITY EASEMENTS - SOZ N. OCEAN BLVD ITEM BEFORE COMMISSION The attached agenda request is for Commission approval to abandon two 5' utility easements and one 10' utility easement at 502 North Ocean Boulevard. BACKGROUND This is a single family home being built at 502 North Ocean Boulevard. As part of the project, new utility easements were required since the existing easements did not adequately cover the existing water and sewer lines. Now that the proper easements are recorded, these three easements can be abandoned. Attached aze the following: Legal description of the utility easement abandonment, and a location map. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval of Resolution #14-07 abandoning two 5' utility easements and one 10' utility easement at 502 North Ocean Boulevard. Enc Cc Project File TAC Agenda File U:lwwdatalagendalAgenda Info 8.21.0712007-08-502N OceanAgenda FINAL.doc RESOLUTION NO. 14-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED AT 502 NORTH OCEAN BOULEVARD AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement located at 502 North Ocean Boulevard and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(I~, "Abandonment of Public Easements, of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3}(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Dekay Beach, Florida, pursuant to LDR Section 2.4.6(I~(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. e tion .That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the !day of, 2007. ATTEST: MAYOR City Clerk EXHIBIT "A" ~~ ~) 'DELRA Y OCEAN ESTA TES NORTH TWO" PLAT BOOK 82, PAGE 1l ~ I ~ I /2' SEWER EASEMENT j PLAT BOOK 82, PAGE l! 1 /0' UTILITY EASEMENT I I i ~ ORB 1246, PAGE 260 5' UT/L / T Y EASEMENT ORB 676. PAGE /23 Lor 9 i ~ ~ PLA T BOOK 7, PAGE 38 I --~ ~- 5.00' 10' UTILITY EASEMENT ` ORB 1246, PAGE 252 1 ~ 1 ~I r; GRAPHIC SCALE 0 10 20 40 ( IN FEET ) i INCH = 20 FEET NOTES.• t. REPRODUCTIONS OF TH/S SKETCH ARE NOT VALIO C/NLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. j ~ 2. LA/JOS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, I EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. I 3. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SLd?VEYO 4. DATA SHOWN HEREON WAS COMP/LED FROM THE INSTRUMENT OF RECORD AND DOE5 NOT CONST/TUTS A FIELD SURVEY AS SUCH. 5. ORB -OFFICIAL RECORDS BOOK I 6. PB -PLAT BOOK 225. DO' ( DESCr~/PTIDtu' THE WEST FIVE f5l FEET OF THE FOLLOWING DESCRIBED PROPERTY.• LOT 9 AND THE NORTH /0 FEET OF LOT /0, BLOCK E. PALM BEACH SHORE ACRES, AS RECORDED /N PB II 7-38, LESS THE WEST 225 FEE7: TH L /NE LOT 9 (~ B 7, PAGE 38) SOU NORTH L/NE LOT /0 fP6 7 PAGE 38l i~ O' L_ CERTIFICA TE.• / HEREBY CERTIFY TH.4 T THE ATTACHED SKETCH DF DESCRIPTION OF THE HEREON DESCR/BED PROPERTY /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED. UNDFR MY DIRECTION ON JANUARY 3/st, 2007. /FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE M/PJ/fi9UM TECHNICAL STANDARDS SET FORTH !N CHAPTER 6/GI7-6 ADOPTED BY THE FLORIDA BOARD OF SL~RV~-YORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472027. CAULFiELD & WHEELER, 1NC. C;VIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING ~_ ~ ~ 7301A W. PALMETTO PARK ROAD -SUITE IOOA BOCA RATON, rLORIDA 33433 PHONE (5bl)-392-1991 /FAX (5bl)-750-1452 SKETCH OF DESCRIPTION 5' UTILITY EASEMENT ABANDONMENT JEFFREY R. WAGNER REGISTERED LAID SURVEYOR N0. 5302 STATE OF FLORIDA L.B. 359! DATE 1/3!/2007 DRAWN BY APZ F.B./ PG. N/A SCALE I"=20' JOB N0. 4932 EXHIBIT "A" l2' SEWER EASEMENT PLAT BOOK 82, PAGE II /0' UTIL / TY EASEMENT ORB 1246, PAGE 260 5.00' - - 5' UT/L lTY EASEMENT ORB 676. PAGE 123 ORB /246, PAGE 250 ~~--~-- lO' UT/CITY EASEMENT i ~ ORB /296, PAGE 252 ' LOT 9 23.50 ` ~ PLA T BOOK I6 PAGE 89 -~= 5` UTILITY EASEMENT `lJELRA Y OCEAN ESTA TES IVDRTN TWO" PLAT BOOK 82, PAGE I/ NOTES.• I. REPRODUCTIONS OF TH/5 SKETCH ARE NOT VALID UNLESS SEALED GRAPHIC SCALE WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY. 0 10 2Q 40 EASEMENTS. OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 4. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. ( IN FEET ) 5. ORB -OFFICIAL RECORDS BOOK I INCH 20 FEET DL5'CR/PTIOM1i: THE NORTH 5.00 FEET OF THE WEST 23.50 FEET OF THE FOLLOWING DESCRIBED A PARCEL OF LAND: ALL THAT PART OF LOT 9, AND ALL OF THE NORTH lD FEET OF LOT !0, OF 'SEGERS ADDITION TO DELRAY BEACH, FL OR/DA " (FORMERL Y A PART OF BLOCK E, PALM BEACH SHORE ACRES!. ACCORDING TO THE REPLA T OF THE NORTH 200 FEET OF THE SOUTH 5/6.3 FEET THEREOF. AS SHOWN /N PLAT BOOK /6, PAGE 89. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LYING AND BEING WEST OF THE WEST RIGHT-OF-WAY L/NE OF STATE ROAD A/A AND EXCEPTION THEREFROM THE WEST 25 FEET OF SAID LOTS 9 AND l0 AS CONVEYED TO THE CITY OF DELRAY BEACH FOR ROAD RIGHT-OF-WAY, LE5S THE FOLLOWING DESCRIBED PORTION THEREOF.• THE EAST 176.5 FEET OF THE WEST 20/.5 FEET OF LOT 9 AND THE EAST 176.5 FEET OF THE WEST 201.5 FEET OF THE NORTH IO FEET OF LOT !0. OF 'SEGER'S ADDITION TO DELRAY BEACH, FLORIDA !FORMERLY A PART OF BLOCK E OF PALM BEACH SHORE ACRES). ACCORD/NG TO THE REPLA T OF THE NORTH ZDO FEET OF THE SOUTH 5/6.3 FEET THEREOF AS RECORDED IN PLA T BOOK /6, PAGE 89 OF THE PL/BLlC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICA TE.• l HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF A5 SURI/EYED UNDER MY DIRECTION ON JANUARY 3/st, 2007. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G/7-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AN:'? MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. ~, CAULFIELD & WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING ~~' LANDSCAPE ARCHITECTURE -SURVEYING ~' /~ ~ 7301A W. PALMETTO PARK ROAD -SUITE IOOA ~L/ BOCA RATON, FLORIDA 33433 PHONE (561)-392-1991 /FAX (561)-750-I/.52 SKETCH OF DESCRIPTION 5' UTIL lTY EASEMENT ABANDONMENT JEFFREY R. WAGNER REGISTERED LAND SURVEYOR N0. 5302 STATE OF FLORIDA L.B. 3591 DATE 1/31/2007 DRAWN BY APZ F.B./ PG. N/A SCALE i'~=2C' JOB N0. 4932 "EXHIBIT "A" ~~ (~ 'DELRA Y OCE,GN ESTA TES NORTH TWO" PLAT BOOK 82, PAGE ll l2' SEWER EASEMENT PLAT BOOK 82. PAGE // l0' UTILITY EASEMENT I I ~ ORB /246, PAGE 260 - -F 5' UTILITY EASEMENT ORB 676. PAGE 123 25. DD' a 4m. z ~i ti 225.00' LoT 9 PLAT BOOK 7. PAGE 38 --~ ~+-5' UTILITY EASEMENT ORB 1246, PAGE 250 ---~--~- lo. oo' f GRAPHIC SCALE 0 10 20 40 ( IN FEET ) I INCM = 20 FEET 1 NOTES.- I 1. REPRODUCTIONS OF THIS SKETCH ARE NOT E/ALID 1A1/LESS SEALED WITH AN EMBOSSED SURE~EYDR S SEAL. { 2 LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, ~ EASEMENTS, OWNERSHIP. OR OTHER INSTRUMENTS OF RECORD. 3. THE "LAND DESCRIPTION" HEREON WAS PP,EPARED BY THE SL/R~EYOR. I I ~ 4. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND ODES NOT CONSTITUTE A FIELD SURREY AS SUCH. 5. ORB -OFFICIAL RECORDS BOOK 6. PB -PLAT BOOK DESCRIPTION.• THE EAST TEN (/Ol FEET OF THE FOLLOWING DESCRIBED PROPERTY.• THE WEST 225 FEET OF LOT 9 AND THE WEST 225 FEET OF THE NORTH !0 FEET OF LOT !0, BLOCK E PALM BEACH SHORE ACRES. AS RECORDED /N PB7-38, LESS THE WEST 25 FEET. SOUTH LINE LOT 9 (PB 7, PAGE 381 NORTH L lNE LOT l0 (PB 7 PAGE 381 _~ .. CERTIFICA TE- l HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEf?EON DESCRIBED PROPERTY /S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEL./EF AS 5UR~EYEIJ [RUDER MY DIRECTION ON JANUARY 3/sf, 2007. !FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TEC/VA~ICAL STANDARDS SET FORTH !N CHAPTER 61G/7-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STA TUTES 4?2.027. CAULFIELD 8~ WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING 7301A W. PALMETTO PARK ROAD -SUITE i00A ~ _ BOCA RATON, FLORIDA 33433 PHONE (561)-392-1991 /FAX (561)-750-1452 SKETCH OF DESCRIPTION E !0' UT1L 1 TY EASEMENT ABANDONMENT JEFFREY R. WAGNER REGISTERED LAND SURVEYOR N0. 5302 .STATE OF FLORIDA L.B. 359 f DATE I /31 /2007 DRAWN BY APZI F,B./ PG. N/A SCALE I"=20` J08 N0. 4932 Date: 13 August 2007 AGENDA ITEM NUMBER: ~' .AGENDA REQUEST Request to be placed an: X Consent Agenda -Regular Agenda -Workshop Agenda .Special Agenda VYhen: August 21, 2007 Description of Agenda Ttem (who, what, where, how much): The attached agenda request is for Commission approval to abandon two 5' and one 10' Utility Easements. At 502 N. Ocean Blvd. Staff Recommendation: Department Head Signa City Attorney Review/R,ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number N.A. Description N.A. Account Balancer N.A. Funding Alternatives: City Manager Review: (if applicable) Approved for Agenda: ~~" No Initials: Hold Until: Agenda Coordinator Review: Received: S:~EngAdminlTAC1502 N Ocean Blvd (tTderitz Restdence)1New Folder12007 August agenda.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREI~, P.E. THROUGH: CITY MANAGER ~~~ DATE: 13 AUG 2007 Q (' SUBJECT: AGENDA ITEM # V. 4 REGULAR MEETING OF Zl ~,UG 2~7 WEST ATLANTIC AVE GATEWAY LANDSCAPING JOINT PARTICIPATION AGREEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENT AMENDMENT #1 PROJECT # 2003-002 ITEM BEFORE COMMISSION Request for Commission approvaUauthorization for Mayor to execute a Joint Participation Agreement (JPA) Amendment #1 with Florida Department of Transportation (FDOT) for the installation of landscaping along the northbound exit and entrance ramps of I-95 at West Atlantic Avenue. BACKGROUND The City and FDOT entered into this JPA this past March. This amendment is to clarify reimbursement for construction and design. It was previously unclear that professional design fees could be credited toward the non-FDOT share of the project cost in an amount not to exceed 10% of the total cost. The maximum amount to be reimbursed remains 50% up to a maximum of $150,000.00. The total project is estimated to cost approximately $310,200. The CRA has committed to provided funding for the balance of the construction portion of the project. A location map is attached. FUNDING SOURCE Not applicable. REC011~IMENDATION Staff recommends approval. Enc Cc Project File 2003-002 (E) Agenda File U:lwwdatalagendalAgenda Info 8.21.0712007-08-2i agenda memorv2.DOC RESOLUTION NO. 4?-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AMENDMENT #1 TO THE JOINT PARTICIPATION AGREEMENT FOR THE INSTAI.I.ATION AND FUNDING OF THE LANDSCAPING LOCATED AT THE INTERSECTION OF THE I-95 INTERCHANGE AND WEST ATLANTIC AVENUE DATED MARCH 21, 2007 IN ORDER TO CLARIFY REIMBURSEMENT FOR CONSTRUCTION AND DESIGN AND AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE AGREEMENT. WHEREAS, the City of Delray Beach, Florida, desires to approve Amendment #1 to the Joint Participation Agreement for the installation and funding of the landscaping located at the intersection of the I- 95 interchange and West Atlantic Avenue dated March 21, 2007 to clarify reimbursement fox construction and design; and WHEREAS, the City Commission authorizes the execution of the Amendment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF T'HE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: tion 1. That the recitals set forth above are incorporated as if fully set forth herein. Suction 2. T'he City Commission of the City of Delray Beach authorizes Amendment #1 to the Joint Participation Agreement between the City and the Florida Department of Transportation dated March 21, 2007, and authorizes the execution thereof to clarify reimbursement for construction and design. PASSED AND ADOPTED in regular session on the day of , 2007. Attest MAYOR City Clerk Contract No.: AOQ54 FM No: 421280-1-74-Oi Vendor No: VF-1390340001 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF DELRAY BEACH JOINT PARTICIPATION AGREEMENT AMENDMENT NUMBER ONE THIS AMENDMENT, made and entered into this day of , 200 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the CITY OF DELRAY BEACH, FLORIDA, located at 434 South Swinton Avenue, Delray Beach, Florida 33444, hereinafter called the PARTICIPANT. WITNE55ETH WHEREAS, on March 21.2007, the parties entered into a Joint Participation Agreement, hereinafter referred to as the AGREEMENT, wherein the PARTICIPANT agreed to provide certain landscape improvements for State Road 9 (I-9S~ and SR 806 Interchange, Delray Beach, Florida in Palm Beach County and hereinafter referred to as Project 421284-1-74-01, and, WHEREAS, the parties hereto mutually agree that this AMENDMENT is in their best. interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain AGREEMENT dated March 21, 2007, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. Paragraph 5 of the AGREEMENT is amended as follows: The total cost of the Project is approximately Three Hundred Ten Thousand One Hundred Thirty Nine Dollars and Thirty Nine Cents ($310,139.39). In the event that the total Project cost is Three Hundred Thousand Dollars ($300,400,00) or a greater amount, the maximum payment from the DEPARTMENT shall be the sum of One Hundred Fifty Thousand Dollars ($150,404.00) (FM Number 421280-1-74-41). The balance of the Project cost shall be paid by the PARTICIPANT. Tn the event the total cost of the Project is less than Three Hundred Thousand Dollars ($340,000.40), the DEPARTMENT shall pay the sum of fifty percent (50%) of the of the total cost of the Project. The balance of the Project cost shall be paid by the PARTICIPANT. With respect to any match balance awed by the PARTICIPANT, in accordance with Chapter 14.40 of the Florida Administrative Code, the PARTICIPANT shall be S,~OPE1vi'•Landscape~JF+.a Process & Scope I,an',Delray.lPA~rne~it.#({OS-[iG HBC)re~~.R-(i-07.doc Page 1 of 2 credited far design fees previously incurred or yet to be incurred in an amount not to exceed 14% of the total Project cost. Such credit shall be applied towards the sum due from the PARTICIPANT as its share of the total Project cost. The PARTICIPANT acknowledges and agrees that the DEPARTMENT'S obligation to make payment under the AGREEMENT or this AMENDMENT is contingent upon an annual appropriation by the Florida legislature. 3. The PARTICIPANT will comply with the Federal and State Audit provisions set forth in Exhibit "C" which were attached to and made part of the AGREEMENT. All provisions, covenants, terms and conditions of the AGREEMENT between the parties theretofore entered into of March 21L2007, respectively as originally set forth therein, and which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. IN WITNESS WHEREOF, this AMENDMENT to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Amendment by Resolution No. ,hereto attached. CITY, QF DELRAY BEACH $~', • :~ ERSONIMAYOR STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY Gerry O'Reilly, P.E. TRANSPORTATIOI~1 DEVELOPMENT DIRECTOR ATTEST; . ~Z,~RK (SEAL) .• •:•.. . . ~Pp>ttQVED: BY: • :CI'i:Y ATTORNEY APPROVED: (AS TO FORM) BY: DISTRICT GENERAL COUNSEL DATE S:tUPEM`~LaneiscapeUPA Process & Scope f ~i~Deiray 7PAAment.#I(OS-06 HBC:~rev.8•fi-07.doc Page 2 of 2 Q V ~ ~~ Q ~ V 1 ~-+ i '~. e'. N: ~, e N ~_ C~ V N N m N D 0 N 'd' r Date: 13 Aug-2Q07 AGENDA ITEM NUMBER: ~ ~~ .;~K~ti . ~" ~= :.;_ AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda Workshop Agenda ..-,--,Special Agenda When: 21 Aug 2007 Description of Agenda Item (who, what, where, how much): Request for Commission approvaUauthorization for Mayor to axecute a Joint Participation Agreement (JPA) Amendment #1 with Florida lepartment of Transportation (FDQT} for the installation of landscaping along the northbound exit and entrance ramps of I-95 at West Atiantie Avenue. Staff RecommendF Department Head City Attorney Review/Recommendation (if applicable}: Budget Director Review {required on all items involving expenditure of funds): Funding Available: Yes 1 No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review; Approved for Agenda: ~/ No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\Projecta\2003\2003.002\OFFICIAL\2007-08-21 agenda.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: CITY MANAGER DATE: 14 AUG 2007 SUBJECT: FAMILY RECREA'T'ION AND FITNESS CENTER WEITZ CONSTRUCTION FINAL PAYMENT PROJECT # ZOa4-047 ITEM BEFORE COMMISSION Requesting Commission approval to issue final payment to Weitz Company in the amount of $47,646.09 for services rendered in preparation of beginning constriction. Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Western Community Center}. BACKGROUND In August 2006 City Commission approved a Preconstruction Services contract with Weitz Company in the amount of $87,740A0. This agreement was completed and paid in full. In January 2007 City Commission approved the Guaranteed Maximum Price (GMP} for construction of Phase i (Site Work). Based on City Commission direction the anticipated begin construction date was 15 Feb 2007. Since City Commission approved Phase I GMP, Weitz began preparations so that construction could begin in Feb 2007. In March 2007 Weitz was told to put this project on hold until further notice. In May 2007 Weitz was intonned that City Commission decided to defer all construction related to this project. The 547,646.09 represents the amount expended by Weitz after Commission approved the Phase I GMP for construction. The attached invoice and other backup information gives more details regarding the amount to be paid to Weitz. FUNDING SOURCE 380-4150-572-62.58 (2004 G.O. BondlWestern Community Center) RECOMMENDATION Staff recommends approval. Enic Cc Project File Agenda File C:\Documents and SettingslkrejcarckU.ocal SettingslTemporary Internet Filesl0LKD11200?-08-21 agenda memo Weitz fins( payment.doc S~ 2 I '' ~i ~~ L ~~~ ~-y~~ F----; ,~ ,lz/ N .a.- ^b !~ ~ f Z }' t ~! ~~~ ,~ ~ ~° ~ ~ ~ ._L___ E ~ ~•.~ N.bV. .fl?H ST. ))~ a r ~ / f ~ ICJ ~ ~ ~ ~ Q ~ ~,~ c ~ N.W. 9TN 5`s. / 1 ~~ i ~ i `~ , j "'~ a ~ ¢-~ ~ 1''; I o ~ ~ / ~ ~ ~ ~ U ~ / ~ LAKE zI ~ /' ~ ; ~ ~ ~ f f ~~ / ~ ~ -1 ~ ~ l ~ ~~ ~ 1 y ~ 1 ~ ~ ~ 1 ! a G r C ITY of DELRAY BEACH w~s~RN coMMUNin CENTER °^'~06~01n0°6 LOCATION MAP 01MN1'~ ENVHODMENTAL DEPARTMENT ~s. eoun~ awNtnn ~v~-e, ee,nRr ar~c~t p.cnan asws zoos-oat 1 t0F 1 BUILD IIY GOOD COMPANY. June 4, 2007 Mr. Randal L. [Crejcarek, P.E. City Engineer City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Oriainal Sent Via US Ponta! Service Re: Delray Western/Senior Community Center Invoice No. 2007-051407 #1 Dear Randal: ,3 . ~ On May 10, 2007, The Weitz Company was notified by Mr. Richard Hasko that the Delray • " " Beach City Commission had decided to defer the construction of the Western Community ~~~ Center. Additionally, Mr. Hasko requested that Weitz submit a final invoice to the City for any __ ~''T~ additional costs that may have been incurred prior to project suspension. F., _ ~~n.. s~ Attached is our Invoice No. 2007-060407 #1 far $47,646:09. These expenditures represent the additional costs incurred by The Weitz Company in preparation far project mobilization after the bid process preconstruction services were completed. ~~• As previously stated, The Weitz Company is committed to helping the City of Delray Beach ~' achieve your project goals. We look forward to when the Community City project is again <~`` released for construction. ~° Please let us know if you have any questions or comments. Sincerely, The Weitx Company ; Josh R. Rivera, Jr. Preconstruction Manager Attachment: Weitz Invoice No. 200'1-060407 #1 FIONlBTY AND INTlORITY • RESPECT FOR PEOPLE • PERFORMANCE tMTH A680LUTE REtIA61iiTY • LONO.TEIgA PlRSPEC7IYE . NUp7UMN0 -ER>1~NAl GROYYfH BUILD IN GOOD COMPANY. DATE: June 4, 2007 `~~~ ~:-' BILL: Mr. Ranch! 1. Kr~ejcarek, P.E. - - "'~-~rf~ ' ~ City Engineer ~F ~ Gty of Delray Beach ~,~~~,~. 434 S. Swinton Avenue ~~~~ - ;~~ ; Delray Beach, Fbricla 33444 r ` £~.' ItE: Delray Western Set~or Community Center ;~ ;t3 -~:~ PBC # 2004-047; TWC # F000138 & F106700 v -'.~',, ~+Y?,~ ~~°.,,~= ..:.: DESCRIPTION: Cost Summary Report - YTD 5/14/07: • Preconstrudion Services -Actual (06/04/07) $ 135,386.09 ~'~'~~-~-~ . _ • Pn:construction Services - Original (07/28/06) <$ `~? ~" Temps: Net 30 PLEASE REMIT TO: The Weitz Company 2720 Centrepark Drive East West Palm Beach, FL 33401 Thank you for your assistance. The Weitz Company ~'t.' -~'~. . Josh R. Rivera, 3r. Preconstrudian Manager cc: File - Weitz HONESTY AND INTEGRITY • RE8PECT FOR PEOPLE • PERFORMANCE Y/iTR ABSOLUTE Rt1.lASIL[fY • LONG TERM PBRBPECTIYE • NURTl/RING PERSONAL OROWTN .~=-~:. . - ~ `L.. r(: n f __.~-- F ~~~_ Defray Western Senior Community Center Delray Beach, Florida CDB Project # 2004-047 TWC Project #'s F000138 & F106700 COST SUMMARY REPORT - YTD 06/01/07 June 4, 2007 ~~~=- ~~ ~~ FOtFQ13$ ~~ F~~as7oo DeaCr[ptiOR of 3ervlr.e8 - PROJECT STAFF Tb~t Rotors ~° 1 ~ ~1~8t ~ Goat `TO~II N~~, ~ TOt,~t Cost 1 Construction Manager 2 Senior Project Manager 70.00 78A0 120.00 $ 9,36fl.00 3 Project Manager 272.00 272A0 90.00 $ 24,480.00 4 Precanstruction Manager 392.75 100.00 $ 39,275A0 5 Chief Estimator 56.00 110.00 $ 6,160.00 _ & Estimator ~ 493.00 65.00 $ 32,fl45A0 7 Project Engineer I 56.00 55.00 $ 3,080.00 8 Assistant Project Engineer 9 Estimating Coordinator _ 70.00 40.00 $ 2,SOO.QO 1o Project Coordinator 35A0 45.00 $ 1,575.00 11 Temporary Lobar $ 331.50 REfMBURSABLES ~~ 12 Travel Costs $ 516.68 $ 42.73 13 Plan 8 Specification Reproduction $ 8,578.04 $ 3,138.07 14 Advertisement 8~ Legal Notices _ , $ 226.88 15 Off1Ce Supplies, Copies 8 Postal $ 2,495.83 $ 1,283.36 - ~ ~ ~ 4.'~0~8. -. TOTAL ~. $~~~ Of1.09 PreCon Costs (Act) PreCon Costs (Act) TOTAL (Act) PreCon Costs (Bud) Delta $ 92,095.43 Bid Process ~ 43,290.66 BuyoutlMobillzation Process $ 135,386.09 SS (~87,74a.oa) $ 47,646.09 2007_06_ CostsSum awsc FINAL page 1 0~ ~ Date: 14 Aug 2007 AGENDA ITEM NUMBER: ~' AGENDA REfaUEST Request to be placed on: X Consent Agenda -Regular Agenda Workshop Agenda -..-.,Special Agenda 'When: 21 Aug 2007 Description of Agenda Item (who, what, where, how much): Requesting Commission approval to issue final payment to Weitz Company in the amount of $47,646.09 for services rendered in preparation of beginning construction. Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Western Community Center). Staff Recornmende Department Head City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving eacpenditure of funds): Funding Available: Yes ! No Initials: ~~~ Account Number 380-4150-572-62.58 Description G.O. Bond/Western Community Center Account Balance: ~ ' Funding Alternatives: City Manager Review: Approved for Agenda: ~/ No Initials: Hold Until: Agenda Coordinator Review: Received: {if applicable) S:\EngAdmin\Projects\2004\2004-047 (BOX RFP 2006-036)\OFFICiAi.\2007-0$-21 agenda request Weitz final payment.doc MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager ~~ .1 Richard C. Hasko, Environmental Services Director FROM: Cazolanne Kucmerowski, Construction Management Technician SUBJECT: RESCISSION OF CONTRACT AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION, INC. /POMPEY PARK COI~iMUNITY CENTER IMPROVEMENTS PROJECT #2004-052 DATE: August 10, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to approve the rescission of the contract award to Randolph and Dewdney Construction, Inc. for the Pompey Park Community Center Improvements Project and authorize staffto re-bid the project; due to the contractor's inability to obtain a bond for the project. BACKGROUND On April 7, 2006, this project was advertised for bid. The original bid date of June 1, 2006 resulted in no bids. Consequently, staff contacted contractors from the pre-bid meeting list to inquire as to the lack of interest. Of those who responded, most cited conflicts with schedule and future projects. Subsequently, the City asked Randolph and Dewdney Construction, Inc. and The Weitz Company to review and estimate the project. On October 31, 2006, the City received only one response from Randolph and Dewdney Construction, Inc. On November 7, 2006 Commission approved waiving the bidding requirements and awarding the contract for the construction of the Pompey Park Community Center Improvements Project to Randolph and Dewdney Construction, Inc. Randolph and Dewdney Construction, Inc. had subsequent issues with- the City's bond form; which have been resolved. It has been nine (9) months since this contract was awarded and Randolph and Dewdney Construction, Inc. have been unable to obtain a bond. Therefore, staff is recommending the rescission of this contract award and authorization to re-bid the project. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval of the rescission of the contract award to Randolph and Dewdney Construction, Inc. for the Pompey Pazk Community Center Improvements Project and authorize staff to re-bid the project; due to the contractor's inability to obtain a bond for the project. cc: Richard Hasko; Director of ESD Randal Krejcarok, City Engineer Rafael Ballestero; Dep. Director of Construction, ESD Agenda File 08/21/07 File 2004-052 (E) U:\wwdtla\ageadaNgada Irdo 8.21.OTCamraa Awed Rssee:leeion Agenda Memo GC 082107FIlVAL.doe Page 1 of 1 Kucmerowski, Carolanne From: Hasko, Richard Sent: Monday, August 13, 20071:15 PM To: Kucmerowski, Carolanne Subject: FW: Pompey Park Expansion For inclusion with the Pompey Park agenda item. Richard C. Hasko, P.E. Environmental Services Director voice: (561) 243-7336 FAX: {561) 243-7060 email: hasko@ci.delray-beach.fl.us From: Hasko, Richard Sent" Thursday, August 09, 2007 2:05 PM To: `RDCINCORP@aoi.com' Cc: Ruby, Susan; Harden, David; Montague, Brenda; Ballestero, Rafael Subject: Pompey Park F~cpansion Hi Angela: When last we spoke about your ability to provide a bond in any form for the Pompey Park project, I advised you that I needed to do something in August to move the project along. There remains only one regular Commission meeting in August {on the 21St) and, regretfully, if you have not provided the required bond documentation by Friday, August 17, 2007, I will be asking Commission at the 21St meeting to rescind your contract award and authorize staff to rebid the project. I know how much work you have expended toward moving forward with this project and I regret having to take this action, however, this project has been anticipated for quite sometime and we must proceed with the proposed improvements for the benefit of our residents who use the facility daily. Once again, it is with regret that I am sending this notification. We certainly look forward to working with you on future City projects. Thank Yon Richard C. Hasko, P.E. Environmental Services Director voice: (561) 243-7336 FAX: (561) 243-7060 email: hasko@ci.delray-beach.fl.us 8/13/2007 Agenda Item No.: ~•~ AGENDA REflUEST Request to be placed an: Consent Agenda ~c _ Regular Agenda Special Agenda Workshop Agenda Description of item (wha, what, where, haw much): DATE: AUGUST 10, 2007 WHEN: AUGUST 21, 24Q7 Commission Meeting This item is before the Commission to approve the rescission of the contract award to Randolph and Dewdney Construction, Inc. for the Pompey Park Community Center improvements Project #2004052 and authorize staff to re-bid the project; due to the contractor's inability to obtain a bond for the project. On April 7, 2006, this project was advertised for bid. The original bid date of June 1, 2Q06 resulted in no bids. Consequently, staff contacted contractors from the pre-bid meeting list to inquire as to the lack of interest. Of those who responded, most ated conflicts with schedule and future projects. Subsequently, the City asked Randolph and Dewdney Construction, Inc. and The Weitz Company to review and estimate the project. On October 31, 2006, the City received only one response from Randolph and Dewdney Construction, inc. On November 7, 2006 Commission approved waiving the bidding requirements and awarding the contract for the construction of the Pompey Park Community Center Improvements Project to Randolph .and Dewdney Construction, inc. Randolph and Dewdney Construction, {nc. had subsequent issues with the City's bond form; which have been resolved. it has been nine (9) months since this contract was awarded and Randolph and Dewdney Construction, Inc. have been unable to obtain a bond. Therefore, staff is recommending the rescission of this contract award and authorization to rebid the project. ORDiNANCEIRESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of the rescission of the contract award to Randolph and Dewdney Construction, inc. for the Pompey Park Community Center Improvements Project and authorize staff to rebid the project; due to the contractor's ir~6ijity to obtain a bond. for ~'p{oject. Department ~ if ~~'t, Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available N/A Funding alternatives NIA (if applicable) Account No. ~ Description: NIA City Manager Review: Approved for agenda: ES O Hold Until: Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved S:1Et~AdmmN~oojeetsr2004\2001-052WH1'+[ClAitConma Award Rncasion Aemda Req [3C 082EO1.dx MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager ~~ Richard C. Hasko, Environmental Services Director FROM: Carolanne Kucmerowski, Construction Management Technician SUBJECT: AGENDA ITEM -y CITY COMMISSION MEETING OF AUGUST 21.20(17 REJECTION OF BiDS/RAINBERRY WOODS NEIGHBORHOOD IMPROVEMENTS PROJECT #2004-021 DATE: August 10, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to reject all bids received for the Rainberry Woods Neighborhood Improvements Project and authorize staff to re-bid the project. BACKGROUND On May 29, 2007, the City opened bids for the Rainberry Woods Neighborhood Improvements Project. Asphalt Consultants, Inc. was the apparent low bidder at $296,710.00. The low bidder raised questions about certain items not being shown on plans; although the items were clearly shown in the specifications. Subsequent request of low bidder to identify any other scope items in question was not clearly answered. The second lowest bidder was Chaz Equipment Company, Inc. at $359,b10.00. A copy of the bid tabulation is attached for your review. Based on low bidder's claim, that ali scope items were not shown on plans, and that the second lowest bidder is $62,900.00 higher; staff is requesting that the City reject all bids for this project. FUNDING SOURCE N/A ~tECOMMENDATION Staff recommends approval of the rejection of ail bids received for the Rainberry Woods Neighborhood Improvements Project and authorize staffto re-bid the project. cc: Richard Hasko; Director of ESD Randal I{rejcarek, City Engineer Rafael Baflestero; Dep. Director of Construction, ESD Agenda File 0821/07 File 2004-021 (E) v:~wwaas.VgendaUgaid. Wo s21.o71Rejp,Y aH bids Agenda Memo GC os2to~w,+t.doe yO ° y O tLl W Zp 0 0 0 0 oooo 0 o g g Q o S O o O o O o :: ~~ -, p ~ ~p ~' ° ~ S"d°~ o r o S g g S ° `~ ~ O nsd 1 Z -~ `r•0°-~`!N O SNN O M a~ S ui m ~ o ~ o O ro w w =:N = ~t : . ~W - . .}~ ~'~ U ' wwww ) w w t PI 1t~. .:~ W. w ::: e+Y s: w ~ .:+ C U S S O O O O p G O S p O O S _~ ~, r 0s~ripp ~ri NN gpp o o O Ob op 0p 0 O 0 . 11 o C1 ~ ~ ~ BO oooo 4 ao rn rn u S .= OD ni P v O m t D w w . J: ~: ~ d !O NNt wwww n r w GD w w w w Q. . w Q ~ ~C p S SOS 0 0 0 0 0 0 0 p 0 Q. ~ 'C ~ pp 0 0pp S 0 O 0 O 0 O 0 O pppp SS op O ~ ~~r~ 'C :W ~ 'z . ~ O O O O tnN OO in M r- O e{ O tD tp w w W : r C1 N~Nf wwww OQ en N r w w w N ~ 1!a p. V X : W w W e - ~ E 0 0 o0 0 0 oo 0 o 0 o 0 o S O o O o O o O o ~ ~ m C~• oo°o oo oao°O oo ~ $ $ °a ~n S o o° o o°° ao ° w ~~ a -. ~ O ~ M ~ W O w :'Q. N'. = ~-a N w d- NW ww N w a D ~ w t ? 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C! y < vi vi JJ v) r J A J d W eq i tri J Q W to J vi 1 vi J rA J r-~ _ _ Z 0 Q rr W ~ ~ ~ O ~ ~ . ~ ° ~= S C7 ~ e0 ~ ~ C m W =a ~ ~ J a, ` ~ ~ a C ~2pp ~ ~p Y : ' ~ a~i_ N E ~ ~ L 1446 U7 ~ ~ t6 ~i = Q t c ' ' . ~ ~ m aCa m ~ ~ ~ ~ ~ ~ ~~ c~ a ~ ~ a 5 ~ 5 5 '~ O 2• r N t7 d' tn eO n eo rn ° ~ .N- s{.. Agenda Item No.: ~' AGENDA REQUEST Request to be placed on: DATE: AUGUST 10, 2007 Consent Agenda x Regular Agenda WHEN: AUGUST 21, 2007 Commission Meeting Special Agenda Workshop Agenda Description of item {who, what, where, how much): This item is before the Commission to reject ail bids received for the Rainbeny Woods Neighborhood Improvements Project and authorize staff to re-bid the project. On May 29, 2007, the City opened bids for the Rainberry Woods Neighborhood Improvements Project. Asphalt Consultants, Inc. was the apparent low bidder at $296,710.00. The low bidder raised questions about certain items not being shown on plans; although the items were clearly shown in the specifications. Subsequent request of low bidder to identify any other scope items in question was not clearly answered. The second lowest bidder was Chaz Equipmen# Company, Inc. at $359,610.00. A copy of the bid tabulation is a#tached for your review. Based on low bidder's claim, that all scope items were not shown on plans and #hat the second lowest bidder is $62,900.00 higher; staff is requesting that the City reject ail bids for this project. ORDINANCElRESOLUTION REQUIRED: NO Recommendation: Staff recommends ~ oval of the rejection of all bids received for the Rainberry Woods Neighborhood Improvements Project d authorize staff to r id he project. Department Hea ~ ' Signature: ~ "' Q 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 NIA Funding alternatives NIA {if applicable} Account No. ~ Description: NIA City Manager Review: Approved for agenda: ~NO ~f Hold Until: (~~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S?.EngAdmin~ProieAS1200d~2004-021'~.OFfIC1AUReject nl! bids Agrnda Req GC 082107.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~,A`//ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: AUGUST 15, 2007 SUBJECT: - REGULAR MI APPROVAL/TRI-PARTY AGREEMENT BETWEEN THE CITY, PALM BEACH COUNTY AND EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. ITEM BEFORE COMMISSION City Commission is requested to consider approval of a tri-party agreement between the City, Palm Beach County and EPOCH for funding of a County grant in the amount of $250,000 for Phase II construction of the Spady Museum Complex. BACKGROUND Attached is the proposed tri-party agreement which our City Attorney has reviewed and approved as to form. The City is requested to be a party to this agreement since we own the property. The Agency as noted in various sections of the agreement is EPOCH, who would be required to meet the Agency responsibilities. As the Municipality, the City certifies that it will operate and maintain the facility for thirty (30) years, that we will not assign this agreement, if we transfer property ownership we would reimburse the County and that we warrant that the property will serve a public or recreational purpose and be open to all residents of Palm Beach County at the same cost and availability. FUNDING SOURCE Palm Beach County Recreation and Cultural Facilities Bond RECOMMENDATION Staff recommends approval of the proposed tri-party agreement between the City, Palm Beach County and EPOCH for County funding in the amount of $250,000. RAB/db Attachment U:\wwdataWgenda\Agenda Item Approval Tri-Party Agreement between City, PB County & EPOCH.doc AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF DELRAY BEACH, AND EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC.FOR FUNDING OF THE SPADY CULTURAL HERITAGE COMPLEX -PHASE II THIS AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", the City of Delray Beach, a Florida Municipal Corporation, hereinafter referred to as "MUNICIPALITY", and Expanding and Preserving Our Cultural Heritage, Inc., a Florida not-for-profit corporation authorized to do business in the State of Florida, hereinafter referred to as "AGENCY ". WITNESSETH: WHEREAS, AGENCY leases property from the City of Delray Beach, which is located at 170 N.W. 5th Avenue in Delray Beach; and WHEREAS, AGENCY desires to design and construct the Spady Cultural Heritage Complex -Phase II, hereinafter referred to as "the Project" at said location; and WHEREAS, AGENCY has asked COUNTY to financially participate in the construction of said project; and WHEREAS, on November 5, 2002, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $50 Million "the $50 Million Recreation and Cultural Facilities Bond": and WHEREAS, COUNTY~has approved a recreation and cultural facilities project list and proposed funding allocations for the $50 Million Recreation and Cultural Facilities Bond, as amended; and WHEREAS, the Project represents one such recreation/cultural project; and WHEREAS, AGENCY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, both parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for COUNTY to assist AGENCY in the funding of the Project. Section 1.03 COUNTY will pay to AGENCY a total amount not to exceed $250,000 for the construction of the Project as more fully described in the Project Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as Exhibit "A". AGENCY recognizes that COUNTY's funding of the Project is being paid from the proceeds oftax-exempt bonds issued by COUNTY. AGENCY agrees to provide COUNTY with a certification, in a form acceptable to COUNTY, from AGENCY's chief financial officer or independent accountant that each cost item for which COUNTY funding is requested under Article 3 of this Agreement constitutes a capital expenditure. In that regard, an item is considered a capital expenditure where the item has a useful life and benefit beyond one year or extends the Project's use beyond one year. Section 1.04 AGENCY agrees to provide funding in an amount of $0 or greater to complete the Project. The parties agree that COUNTY shall provide its portion of the funding only after AGENCY has expended $0. Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685. AGENCY's representative during the construction of the Project shall be Daisy Fulton, Executive Director, Spady Cultural Heritage Museum, at telephone no. 561-279-8883. Section 1.06 AGENCY shall design and construct the Project upon property owned by AGENCY as more fully described in Exhibit "B" attached hereto and made a part hereof. Section 1.07 AGENCY shall utilize its procurement process for all design and construction services required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. COUNTY shall have no contractual obligation to any person retained by AGENCY with regard to the Project. Any dispute, claim, or liability that may arise as a result of AGENCY's procurement is solely the responsibility of AGENCY and AGENCY hereby holds COUNTY harmless for same to the extent permitted by law. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 AGENCY shall be responsible for the design and construction of the Project. AGENCY shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Agreement by the parties hereto, AGENCY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 AGENCY shall provide a copy of the engineer's and/or architect's programming phase documents (i.e., site plan, floor plan, elevations, etc.) to COUNTY's Representative for review. COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Agreement. Section 2.04 AGENCY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Prior to AGENCY commencing construction of the Project, AGENCY shall provide a copy of all plans and specifications, along with the associated costs thereof, to COUNTY's Representative for review to ensure consistency with the intent of this Agreement. Section 2.06 AGENCY agrees to totally complete the Project and open same to the public for its intended use within thirty six (36) months from the date of execution of this Agreement by the parties hereto. Upon notification to COUNTY at least ninety (90) days prior to that date, AGENCY may request an extension beyond this period for the purpose of completing the Project. COUNTY shall not unreasonably deny AGENCY's request for said extension. Section 2.07 AGENCY shall submit quarterly project status reports to COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by COUNTY's Representative. 3 ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to AGENCY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of AGENCY. Should the total cost of the Project exceed the amount as projected by AGENCY, AGENCY shall obtain and expend the excess funds required for completion of the Project. COUNTY shall not dispense any funds to AGENCY for the Project until AGENCY has obtained and expended said excess funds for the Project. Section 3.02 COUNTY shall reimburse project costs under the terms of this Agreement to AGENCY on a quarterly basis from the date of execution of this Agreement; however, should the need arise for AGENCY to be reimbursed on a more frequent basis, then COUNTY will, at AGENCY 's specific request for each instance, make its best efforts to reimburse AGENCY within forty five (45) days of such special request. For each requested payment, AGENCY shall provide to COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by AGENCY and shall include the vendor invoice number; invoice date; and the amount paid by AGENCY along with the number and date of the respective check or proof of payment for said payment. AGENCY shall attach a copy of each vendor invoice paid by AGENCY along with a copy of each respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, AGENCY's Project Administrator and Project Financial Officer shall certify the total funds spent by AGENCY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by AGENCY as indicated. Section 3.03 COUNTY shall retain not less than ten percent (10%) of the total amount allocated to AGENCY for the Project until AGENCY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and COUNTY receives and approves all documentation as required in accordance with this Agreement. COUNTY's representative shall visit the Project site to verify and approve said final reimbursement. Section 3.04 AGENCY shall provide a request for final reimbursementto COUNTY no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to COUNTY. Section 3.05 COUNTY agrees to reimburse AGENCY an amount not to exceed $250,000 for those approved pre-agreement costs accruing to the Project subsequent to November 5, 2002, as more fully described in Exhibit "D", Pre-Agreement Cost List. Section 3.06 For construction projects fully funded by COUNTY, no more than 10% of COUNTY's funding for the project shall be used for design and engineering costs for the project and be eligible for reimbursement under this Agreement. For construction projects not fully funded by COUNTY, all design and engineering costs associated with the project shall be borne by AGENCY, and will not be eligible for reimbursement from COUNTY. Section 3.07 COUNTY shall reimburse project costs only afterAGENCY has expended its share of project funding in its entirety. AGENCY shalt provide COUNTY with a certification, in a form acceptable to COUNTY, from AGENCY's President, CEO, Chairman of the Board, Chief Financial Officer, or independent auditor that AGENCY has complied with this Project funding provision. COUNTY will be entitled to rely on that certification in reimbursing Project costs to AGENCY under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the leased property of AGENCY. COUNTY shall not be required to pay AGENCY any additional funds for any other capital improvement required by or of AGENCY. Section 4.02 AGENCY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. AGENCY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 AGENCY and MUNICIPALITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Agreement by the parties hereto. AGENCY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. AGENCY and MUNICIPALITY may not assign this Agreement or any interest hereunder without the express prior written consent of COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to AGENCY forthe purpose set forth hereinabove. In the event AGENCY or MUNICIPALITY transfer ownership of the Project to a party or parties not now a part of this Agreement, other than another governmental entity that agrees to assume, in writing, AGENCY and MUNICIPALITY's obligations hereunder, COUNTY retainsthe rightto reimbursement from AGENCY or MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should AGENCY or MUNICIPALITY transfer management of the project to a party or parties not now a part of this Agreement, AGENCY or MUNICIPALITY shall continue to be responsible forthe liabilities and obligations as set forth herein. Further, AGENCY or MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 AGENCY and MUNICIPALITY warrant that the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis. AGENCY and MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Agreement by the parties hereto. AGENCY and/or MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 AGENCY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the COUNTY seal and a list of County Commissioners, unless otherwise directed by COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS AGENCY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the acquisition/design/construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by COUNTY, except that such records shall be retained by AGENCY until final resolution of matters resulting from any litigation, claim, or special audit that starts priorto the expiration of the five (5) year period. COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shalt be addressed to the following: As to COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 6 With a Copy to: County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 As to MUNICIPALITY: City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FI 33444 With a Copy to: City Attorney 100 N.W. First Avenue Delray Beach, FL 33444 As to AGENCY: Executive Director Expanding and Preserving our Cultural Heritage, Inc. 179 N.W. 5~' Avenue Delray Beach, FI 33444 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE COUNTY may terminate this Agreement upon written notice to AGENCY for non- compliance by AGENCY in the performance of any of the terms and conditions as set forth herein and where AGENCY does not cure said non-compliance within ninety (90) days of receipt of written notice from COUNTY to do so. Further, if AGENCY does not cure said non-compliance within the time frame specified above, then upon written notice, COUNTY may require AGENCY to reimburse any funds provided to AGENCY pursuant to this Agreement either in whole or in part once COUNTY has reasonably determined that no other remedy is available. ARTICLE 9: REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: INDEMNIFICATION It is understood and agreed that AGENCY is merely a recipient of COUNTY funding and is an independent contractor and is not an agent, servant or employee of COUNTY or its Board of County Commissioners. In the event a claim or lawsuit is brought against COUNTY or any of its officers, agents or employees AGENCY shall indemnify, save and hold harmless and defend COUNTY, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments and/or causes of action of any type arising out of or relating to any intentional or negligent act or omission of AGENCY, its agents, servants and/or employees in the performance of this Agreement. ARTICLE 11: INSURANCE A. AGENCY shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as COUNTY's review of acceptance of insurance maintained by AGENCY are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by AGENCY under the contract. B. Commercial General Liability. AGENCY shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by COUNTY's Risk Management Department. AGENCY shall provide this coverage on a primary basis. C. Worker's Compensation Insurance & Employers Liability. AGENCY shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. AGENCY shall provide this coverage on a primary basis. D. Additional Insured. AGENCY shall endorse COUNTY as an Additional Insured with a CG 2026 Additional Insured -Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents." AGENCY shall provide the Additional Insured endorsements coverage on a primary basis. E. Builder's Risk and Property Insurance. AGENCY agrees to maintain property insurance, which would include builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, All-Risk property insurance for adequate limits based on AGENCY's replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. AGENCY shall agree to be fully responsible for any deductible or self-insured retention. F. Umbrella or Excess Liability. If necessary, AGENCY may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. COUNTY shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. G. Waiver of Subrogation. AGENCY hereby waives any and all rights of Subrogation against COUNTY, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into apre-loss agreement to waive subrogation without an endorsement, then AGENCY shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should AGENCY enter into such an agreement on a pre-loss basis. H. Certificate(s) of Insurance. Prior to execution of this Agreement by COUNTY, AGENCY shall deliver to COUNTY a Certificate(s) of coverage evidencing that all types and amounts of insurance coverages required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum ten (10) day endeavor to notify due to cancellation or non- renewal of coverage. Certificate holder's address shall read Palm Beach County, c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. Right to Review. COUNTY, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. J. AGENCY shall require each Contractor engaged by AGENCY for work associated with this Agreement to maintain: Workers' Compensation coverage in accordance with Florida Statutes including endorsements for U.S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event any portion of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water. 2. Commercial General Liability Insurance at not less than $1,000,000 Each Occurrence. COUNTY shall be named in the coverage as an additional insured. 3. Business Auto Insurance with limits of not less than $1,000,000 each accident. 4. If the construction work being performed exceeds $200,000, a payment and performance bond for the total amount of their construction contract, in accordance with Florida Statute 255.05. ARTICLE 12: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, AGENCY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. ARTICLE 13: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 14: SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 15: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between COUNTY, MUNICIPALITY, and AGENCY, and supersedes all other negotiations, representations oragreements, either written or oral, relating to this Agreement. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 16: THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, to interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: SHARON R. BOCK CLERK & COMPTROLLER By: Deputy Clerk ATTEST: CITY CLERK By: City Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Commissioner Addie L. Greene, Chairperson CITY OF DELRAY BEACH By: WITNESSES: EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. Tax I.D. # 650687303 APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and recreation Department APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney Name (Type or Print) Title~~;~1.~i ~~~~~ --; i By: ~~~ nom- ~~ :.~-1 i~~~ .~-ten,. Signature APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Mayor Agency Attorney 11 LIST OF EXHIBITS EXHIBIT A Project Description, Conceptual Site Plan, and Cost Estimate (Provided by Agency) EXHIBIT B Legal Description of Property (Provided by Agency) EXHIBIT C Contract Payment Request Form (Page 1 of 2)and Contractual Services Purchase Schedule Form) (Page 2 of 2) EXHIBIT D Pre-Agreement Costs List (If Applicable) (Provided by Agency) to EXHIBIT A PROJECT DESCRIPTION, COST ESTIMATE, AND CONCEPTUAL SITE PLAN 11 EXHIBIT A -PROJECT DESCRIPTION Spady Cultural Heritage Complex -Phase II Delray Beach, Florida Funding in the amount of $100,000 was allocated from the 2002 Cultural and Recreational Facilities Bond for the C. Spencer Pompey Amphitheatre to be constructed at the Spady Cultural Heritage Complex. Subsequently, an additional allocation of $150,000 was made from the same Bond Issue's Neighborhood Parks -District 7 category, which results in a total allocation of $250,000 to be used for both Amphitheatre construction and for construction of a Community Support Facilities building on the site. Collectively, the two projects comprise construction of the Spady Cultural Heritage Complex -Phase II. The attached overview site plan shows all current and proposed facilities at the Spady Cultural Complex. Project Descriptions for each new facility being constructed as a part of the Phase II project to be paid for with Bond funding are as follows: Amphitheater The amphitheater will be used for activities and events promoted by EPOCH such as the Kids Cultural Club and Spady Living Heritage Day and will also be available for rent to host private and/or public events such as wedding and musical presentations. Additionally, the amphitheater is proposed to have audio and lighting systems to accommodate voice and music for small productions. The amphitheater will be constructed to the rear of the Susan B. Williams House, and south of the Community Support Facilities structure. (See site plan.)The proposed structure features nine hundred forty five (945) square feet under the arched canopy, which includes a five hundred (500) square foot stage area. Three rows of bench seating with a capacity of (50) people will be located under the canopy and in front of the stage. The arched canopy ranges from seven feet ten inches (7'-10") at its lowest point to sixteen feet six inches (16'-6") at its highest point, and will be constructed of corrugated metal. The walls to the rear sides of the stage will be stucco. Community Support Facilities Building The Community Support Facility will be used as an extension of the Amphitheater. The ground floor will house restrooms, a concession stand, a covered porch, and a storage area while the second floor will contain meeting rooms and office space. Moving the offices and meeting space to the Community Support Facility will make additional exhibit space available in the Spady House Museum where the office and meeting space is now housed. The ground floor facilities will be open to the public and will serve as an adjunct to the other public facilities at the Spady House Museum Complex. The Community Support Facilities building will be constructed at the rear of the existing S. D. Spady House. The two-story structure will be one thousand eight hundred (1,800) square feet and twenty-four feet (24') tall. The ADA accessible structure will contain office space on the second floor, relocated from the Spady House; this increases the available museums space in the use. The ground floor will contain restroom facilities, a concession stand and a covered porch. The exterior will be a combination of Hard plank siding and stucco with an architectural-grade, dimensional asphalt shingle roofing. The windows will be single-hung aluminum frame with a 2/2 configuration. Exhibit A Spady Cultural Heritage Complex -Phase II Amphitheatre and Community Support Facility Cost Estimate Description General Conditions & Design Site Work Concrete Shell Masonry Metals Carpentry Roofing Windows & Doors Finishes Specialties Elevator HVAC/Mech Plumbing Electrical Proposed Cost Sub Total $246,642 Contingency $ 3,358 Grand Total $250,000 ~f ~' ~' S' '~ ^~ T ~ ` "~ J : <; ~' 1 (~ ~' ~ r~l~ ~~ d1`. a c" n' 7~ ~ ~ ! ~~W//~~ ~, ,1~ F f~:.~ M 5 r~, y j 1 (r 'mo"""w `.~~+~y' X ,. ~ ~~ '~ ~ ". U ,~ b U ~~. t~~~ ~ - ~ ~ ~~ ~ L `","' -,,, r<; r Q ~ ~,;- ~. ~ ~' - U -~ c~ ~ ~~~~~ ~~ (n _ ` -- ~ gyn.. -` _-TJ:1.J I Jrt.s ~ Jn. ; ~ Jn.°,____ ~`_'I Jr.r - '--- I Jrl.' - - EXIS TwG t0' aEEEr I -_- -,. __.. _ __ _ _.. 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A<w'z cl'= ° O ' °~Q~i R>~Gm~ i~>~ -zAxf I !!1.IiM I I' 1.f'I I I~1.~ yGm Z~19 !l,if =0~~ I I'Lk'' 00 O zGl r, x, zmGT m0 fA. o 11'1 1' .... NO m T . . 1 1 !1. `ii~Xl$iING 6' WRIER MAIN I ~ 1. ~i(~ r ~ ~I~ ~I. ~il3 I 1 rl, f~.'i ~ N.W. 5th AVENUE (BLACKM = ER STREET) X T. Zi Z QZ u~l~ UA yA A m'(A >o ~ K m 1v~ m : I B k Th l ~ " - , DATE EVI51 NS u ~ a 1 ur ote ow 1 DELRAY BEACH, FL ~~ D ~ E i I i ~ ° o % neer nc. ng ng, SPADY MUSEUM s 0 A. n M Nw„h4..n...5dun•~/t.l.uL.d.1.,Pt,p=. ENGINEERING PLAN ~~ ~ ~ } vrr.h•t•kth.rler-.n~.c•m I"•f.'t6ta11t F.rw-t6•~eVtt fl. C•rt:0..u a( Ilu~h•rl„al•n . a6 ~ o I ~~) > ~ Z n_v r _.._~. ~ ~_B..S--q-~-u-~-n-~ h-; l~.(j~i, 1.-~'-._ ~.-.T-41 ~ - - - - -E-,41N-~Y i-1 ~t-H. 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'(S to H ' _ m -. _ .... _. ~ t/I ".... ~ ~.. - - ... a. ~.. Q.. ~ v ~)OZ ,,,0 pvA A~ > ®p ~ U -. A ~' O I t- r.. i~ ~m -- ---- ............ . _..........._~ __.___._F,7~ISTIMG.B". ~ ~ , I 1 11. ~J¢XI$fING 6' WATER MAIN 1 `!. Sfl- _ - - 1 I_L.._.. .. _ . =x N.W. 5th AVENI T.. y ti Z ~-% - - - - -EX-r'+IN~~1 y-1t 5 ~ ~Z~ v~ Q= ~~'°gm N~~yA m m'(q A ~ (sj ."~1 ~1 !1. ~%I$TING 6" WAFER MAIN I 1 ~I,R1 1 1 ~I, R ° m ^~ B k Th l = « DATE EVI51 NS o , ote ur ow 1 DELRAY BEACH. ! L ~~ o > °' A E i I i - - o ~ ~ ng neer nc. ng, SPADY MUSEUM bi N ~ A r•N'//•~hAu.nu•,Sduuas/~.l•uJ.rd•L,Iilrye• ENGINEERING PLAN ~~ ~ ww.r.M.•klh..A•r~.nb..sm l: bT.~bb<bb1 F.eNYbbe)i) II. C•niflu eT AU.h•. •~lan .6b } ~, ~~ fi~fi ~ s(~~ ~ k k k y ~ ~ sNV~d aoo-t~ ' o ~~ ~~ ~~~ ~ {;~~ i S3111 II~Vd laodd(1S M3N W ° N a ~ {{ 1¢S( ~~9V~~ 1 S 1 4 t ~ ~ ~ i FF VORfOV 119V38 AVVflO 3f11L4AV VIV MN OLI ~ ~ _ ~ 7 ~ . xa~dwoo ~vanl~no Aovds ~ ~ ~ ~ s ~ ~f ~ s~~~ 9 ~ ~ ~ Nb1103S aNt/ NVId li00ld € ° ~EE ~~+1 ~ ~ ~$~ ~ {e~~ S~{ ~•4 ~ i li31V3H11HdWV M3N Lam. euu ~ €, "< ~ o a ° ~ r ~ 1~ ~~ j ~ ~ e lQt~ ~~ii,~~ ii 5 ~ 4 ~ ~ ~ 3 t varoo~ w~vae ~vutia 3fIN3~V V19 hW OLI i ~ C 4 ~ 4 Q K Q ~ ~ !~ X3"IdWO~ "1VHflll(1~ .IOVdS 3 8 !~ ee S ~ a yF 3 ~ ~ ~ ~! r e ~ ~$ SNOIlVA~l3 ~ t ~i ~;~ N ~ , 9 S311111~t/d ltiOdd(1S M3N = ° ° ~ < 1 ~ ~~ ~ i '000' 3Ef~ ~~~ ~~ 4 ~ S ~ ~ ~ ~ ~ ~ vaNOid 1r~vae Avvoa 3fN3AV V19 MN 011 x3 awoo ivanl~n a ~ 6 d ~ ~ f ~ 6 4 ~ ~ Aavas °a riW ~i_ z 0 a W J W4 S` ~W O~ ~° N Z 0 W W4 F- W ~ ~~ a Q sa I I I I I I I I I I I I „~ I I I ~ I I I I ~~ I I °s9 a i ~ i I z ~~~ &~ I I I z ~o~ 8 a3 I I e p j I I ~ /~ Q W I i ~ W= I II W? _~ I I z m W ° I I I i ~ 4 ~~ ;F~ ~~ 3~ @~ k~ ~~ -~ ~~~ t ~ ~ K ~ ~~, y~ t~st~ ~ ° SNOIlt/A313 ~ ~ }1 ~~ ~ tl eiiggd; a31d3HlIHdWV M3N ~ ~ ~ i7 #~! i ~ f~ ~ ~~ ~ ° ~ ' 1 ° ° ~ ~ ~ S s ~ Yaroov fr~vae ~vu~a ~ ~ 1 ) ~ f9 ~9y~~ ~ ~ ~ - C ' 3fIN3~Y Vl9 MN O/l ~ = P g g ¢ 22 i 1 9 ~ - Y !~ X3~dW0~ 'tYHflllfl~ A4tldS 3 Y ~ ~ ~ S ~° ° .m /fi W~~ ~~? ~io~ J ~V~w ~~ :ion Z O F= W wY H~ Q< Wo N mo -'g +° ~ . ~' Z O H Q W J W § 2 H aW ~3 (n w a EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 12 Spady Cultural Heritage Complex -Phase II Delray Beach, Florida Project Description Legal Description: Lots 5, 6, 7 and 8 Melvin Burds Subdivision, according to the plat thereof as recorded in plat book 11, page 73, Public Records of Palm Beach County, Florida EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM 13 6 ~~ PALM BEACH COUNTY EXHIBIT C ~ ~ PARKS AND RECREATION DEPARTMENT ~° ~~°~/ CONTRACT PAYMENT REQUEST Date Grantee: Submission #: Item K~r Consulting Services (CS) Contractual Services (C) Materials, Supplies, Direct Purchases (M) Equipment, Furniture (E) Project Name: Reimbursement Period: Project Costs This Submission TOTAL PROJECT COSTS Cumulative Project Costs iCS =Consulting Services Key Legend C =Contractual Services s M =Materials, Supplies, Direct Purchases E =Equipment, Furniture Certification: I hereby certify that the above Certification: I hereby certify that the documentation has expenses were incurred for the work identified as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports. request. Administrator Date Financial Officer Date PBC USE ONLY County Funding Participation $ Total Project Costs To Date: $ County Obligation To Date $ County Retainage ( %) $ County Funds Previously Disbursed $ County Funds Due this Billing $ Reviewed and Approved By: PBC Project Administrator Date Department Director Date G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls Page 1 of U H m x W W J H C Z W W = ~ U H ~ Z W 2 ~ D U UOn=. W W ~ U ~ W ~ ~ ~ W N aaa ~~ Y ~ ~a a ~ H Z O U a`~i N t0 v d N ~ N ~ 0 N d U_ y Y J Z Z i ~ ~ (~ nLL Y ~~(A .N ~ ~ U y N n; o ° ~ .~ U U ~ W U U ~ W ....................................: ~~TV . ~ o c~ z ~~'Vd -a 0 .~ c N ~ (~ ~ Z ~ U ~ _~ ~ o •~ ~ d ~ ~ ~ C ~ ~IIIIIIIII a 'l a x ~~~~ a~ _V ~O C s U 0 0 Y U C1 t U al ~ ~ ~ ~ ~ ~ O N ~ ~ ~ JI T I NI MI d'I ~) ~I ~I ~I ~I I r --I ) ~I I I I °~ o ~~ o ~ ~ ~ ~ ~ r ~ o ~ a U ~ N ~ .C ... U fA -~ O ~ U N L U +~ ~ ~ ~ O U Q ...; Q U ~ N ~ C ~ O a U ~ '~ i 4) ~ 7 ~ U ~ N N X ~ -~ N N C ~ O •~ (~ ~ ~ .~ N ~ in N ~ ~ ~ ~ ~ ~ ~ ~ c w > o T ~ a .~- ~ ~ c .«- ~, o U~ ~ EA ~ ~ ~ ~ ~ d O OO ~_ v ~ O f0 c _° c[S O ~ ~ U ~ N ~.- U ~ ~ ~ U n ~ m 0 a N O c N N C~ i Q. ~ O Q (~ N r~-+ .C ~- ~ ~ ~ N ~ U N T CQ ~ C N ~ ~ U U - c6 C o a i~ ~ U ~ ~ ~ U 3 a~ m O id 0 O N .~ Q 0 N N RS d fIl m a W a O w c~ z C7 C U ~ ; .. ~ .-. m ~ ~i O Gs W ~ 0 KI W r ~ z~ w~ G ~u } Q ~ ~ 0 ~ O Z ~ U O ~ H u wawC~ m W C ~ ~ ~ Q ~ G aa~ Y ~ < ac aE a .c v a d N N ~ U •~ J ~ ~ ~ d U1 ~ ~ Y ~ ~ ~ ~ - ~ N C d m ~ ~ ~ c c a`> fl- U U `~ v~ u u ~ W u ii U U ~ W ,.}}NTY S(j' U P c a ,m, S c~ >~ ug C O U O vi N ~~ U ""' N ~ U Q ~ ~ m ~ - v~ m a U c .~ U ~ ~~ c cn O c~ w U ~ ~ ~ C ~ ~ 'co ~ N .c c O N ~ ~ ~ Cn ~ •+ O Q ~ 0 ~ 0 _ .~ _~ ~~ ~ E ~ _ ~ ' ~ U ~ U ~ ~ ~ J ~ ~ Q ~ '~ O H ~ ~ ctS ~ ~ ~ ~ o Q' o ~ ~ a ~i ~ ~ - o U ~ v a> 0 .n c~ m 0 c a~ cif Q ~ O ~ i Q CO _y .sue... ~_ ~_ ~ ~_ ~ L U d1 ~ ~- ~ ~ ~ o ~ U U - co c ~ O ~ (~ ~ U j .i ~ U 3 m O m co 0 X a C O V Q X W a O %~ ~ ~ w ¢ ~ O -Eo ~ Q W Z } C3 Jiiiiiiiiiiiiiii EXHIBIT D PRE-AGREEMENT COST LIST Note: Costs must be for eligible project expenses incurred subsequent to November 5, 2002 14 Exhibit D Spady Cultural Heritage Complex -Phase II Amphitheatre and Community Support Facility Pre-agreement Cost Estimate Description General Conditions & Design Site Work Concrete Shell Masonry Metals Carpentry Roofing Windows & Doors Finishes Specialties Elevator HVAC/Mech Plumbing Electrical Proposed Cost Sub Total Contingency $246,642 $ 3,358 Grand Total $250,000 ~~5 Nosrtb 7todea~wa ]-seaae N.'iER CIE OOVF~6~A SY`[i~ poixa~s ; SorE Lauderdale ` FL 33301 OOLPAI~88 AIING Gd~RA~ Janos Dsa]oo !!~r)tel IAtesaatiaaal ~arance s-338- 69 on~r~wr B Graat ~eri.can Sas,araace SPOCB, -Ina. - oo~fr C 17 ~ 4~6 avemte Delray Hea+ch FL 33344 D 7flld1s10iC~IF1-I~MTAE~OLtC'~$flFl~W1110iu91m~~llllt114~i@iNTDlI~L~I61M1®tY~lI~011E~OR7lgP0i1C~-~MOD _ II~OICAI~,~/Y1~f~Ip~7BiYaR{~I~IiIOMOFl~1ftCIRR1ICTCRQ41~tDOdliil+DwIQOill~i f~J[TaMJgEMI11-egaRaio-f.ll~~NI~IBII~F'atlCiii llUH11ii11i~TET7orY1llIE79~f8~ l E%C1t101011t111~C4110RIpt8CR~id!lOIICiP.{~8&~01~w11115IlllgfiB~IR~t'IfM~CLA~NB. - ?IfPBOSMe1~Y1NCE /OtIG'Ylii!@Ht Ogg OIf1E~ 111111 as~atlMetln _ etNeaLlYBe~+ff i 1000000 a `x u~aamr ~=0S06~i1 - o9/l2/os os!_12/OY ' =eow,ar,~ i soaooaa- ;:. ~ a~swios 4=Ja°°~ ~ s~ov.wwr si400000 a~sacoNm+~craesr~eol - ~voa s10fi0oo0 sen~us~ras.~ s80000 ~~ewr•• s3ooo .~N ~ - CaI~S11~.7MCiL~t1A1T ~ .. = AN1-MflQ I1lL.OYM~AA/IOFi ~Y ~ i ip1~N11~ O h~N~B s nowuwe~~uros ~rawt~ s s iMeuretr ~aitooaur at~oga~xr s .---. ~wr~o ontas~+w,wwao~r ~. 'ate ~caoetr s lid a OICElSU!~trr t s ue+e~wbwr - 3 t onaanawu~s~w~ow~ s _ 'LI1~11Y aFJp~/1~Htf t i 1l~P11p ~~ - ~OISFJISE-PQLtC1'tt3~; ! `S CAI! ~ $Q~H-B~iC!~' ~ } -- - - - - t A ~rsOS~al ~A OSO6~1 O'9/12foG o9I12IO7 COat~t3 ~ ~~` e Diseators : o~'lias aaasssa7a~ a~/s6tn~ ~/s6/o~ quo s~- ~ ~~g , ~~ ~' $atd~t `1s wed a+a33.t~oa~7. a ,.ith z+eagsct ~l~.~f~ t~ ~ ... .~. - nu~ra~s~~ ~ ~s~ :,~~: ~ eeaah coaal~r ~morsv,~rte~tio~r~r~x~er~~sr a/o ~arlra aad F-tan DapC. ~~K wws7 ~rc,+e~~ro~st,a~st~u~o~NU~uc+-~,~eu+~r i .. ,. - -~aQ--6~ ~i ~OQt$ CFlINy: 'g1~CAiiP 173A8BiiLSORRdNiifE3 Tia~Q ~D=~i $ji 33Q6s ..+.. . ~- .~ .~ . 4' 303 • • ~ ~~B P~DY CULTURAL HERITAGE MUSEUM A NOT-FOR-PROFIT ORGANQATION DEDICATED TO PRESERVING AND COMMUNICATING THE CULTURALLY DIVERSE HISTORY OF SOUTH FLORIDA Expanding 8 Pn3serving Our Cultural Heritage, Inc. 170 IUYII 5a' Avenue Delray Beach. FL 334 Phone: 561 279-8833 Fax: 561-279-2230 www.spadymueeum.org Vera R. Farrk~gton 1st vl~e Preswent Clarence M. Vaughn , si0 Vice President Marls Reirpold, Esq. Treasuror C~rarwe M. Vaughn KenneUi Ho~w~d Board Mrnbers Pent Brown Cd. lAl~rn J. Condry C~tford'Durden MU~ed Cieotge Ralph B. Johnson Rosalind Murray Agred Shaghn Marrorisltzed Msnrbar C. Spencer Panpey ~ Daisy M. Fulton Museum Adrlsor~Board February 28, 2007 Palm Beach County Parks and Recreation Department 2700 6~' Ave. Lake -Worth, FL 33461 Dear Str/Madann: The non-profit organization Expanding & Preserving Our Cultural Heritage, Inc. (EPOCI~ has fewer than four employees and is not required to carry Worker's Compensation insurance. Sincerely, Daisy NL Fulton Executive Director cc: Vera RFarrington-President . Dr. LC. Spivey _ _ _ _ Spirittfal Advisor _ ... _-. Mt ~t Fs1~ tli~ecl~r ~ra~` airs ~~'~ ~ It ~rra~lt [~ifi~i~af Seoss~ "9nes a.rs a~sa~.-aa.~s r.rs sa. ~r.rre~.~.. ~ ~~ a.ar~-~. i~rcr. E~ ~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TERRILL BARYON, ASSISTANT CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: AUGUST 16, 2007 SUBJECT: AMENDMENT NO. 4 TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND OLD SCHOOL SQUARE, INC. ITEM BEFORE COMMISSION Amendment No. 4 to the Management Agreement between the City of Delray Beach and Old School Squaze, Inc. which revises Paragraph 2.a. of the Management Agreement with Old School Square to eliminate the requirement for ratification of Board Members by the City Commission. BACKGROUND At the July 17, 2007 Commission workshop meeting, various changes were reviewed regazding City Boards. The Commission was in favor of the proposed changes which included discontinuing City Commission ratification of appointments to the Old School Square Board. The attached amendment to the Management Agreement with Old School Squaze will formalize the removal of the ratification requirement. ~iJ~TDIIV,G SOURCE N/A RECOMMENDATION The City Attorney's office recommends approval. AMENDMENT N0.4 TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND OLD SCHOOL SQUARE, tNC. THIS AMENDMENT NO. 4 to the Management Agreement of August 7, 9990 between OLD SCHOOL SQUARE, INC. ("Old School") and the CITY OF DELRAY BEACH, FLORIDA (the "City°), is entered into as of this day of July, 2007. WITNESSETH: WHEREAS, the City and Old School mutually covenant and agree to amend and modify the Management Agreement entered into on August 7, 1990; and WHEREAS, the City and Old School desire to clarify that the City Commission does not need to ratify the electees of Old School to Board of Directors. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Paragraph 2, "Board of Directors°, shalt be amended as follows: 2. Board of Directors -Old School Square, Inc. shalt be governed by the voting members of the Board of Directors. The Board of Directors shall be selected and perform aH duties and responsibilities pursuant to the Articles of Incorporation and By-laws of Old School Square, Inc., as they now exist or as they may be amended from #ime to time. 3. Paragraph 2 of the Management Agreement between the City and Old School shall be re-lettered consistent with this mod cation. 4. All other terms and conditions of the Management Agreement of August 7, 1990 not in conflict with Amendment Nos. 1, 2 and 3, shall remain in full force and effect and are incorporated herein. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: Rita Eliis, Mayor (SEAL) City Attorney ATTEST: Print Name: OLD SCHOOL SQUARE, INC. By: Print Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2007 by as of Corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida 2 ~u I.~~ C1~ ,7~,111i~~ J TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~~ ~-~ DATE: AUGUST 17, 2007 SUBJECT: AGENDA ITEM # y • ~ -REGULAR MEETING OF AUGUST 21, 2007 RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for ratification of an appointment to the Parking Management Advisory Board. BACKGROUND On July 26, 2007, the Community Redevelopment Agency appointed Mr. William Branning as their representative on the Parking Management Advisory Board for a two (2) year term ending July 1, 2009. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road AlA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. RECOMMENDATION Recommend City Commission approve and ratify the appointment of Mr. William Branning as representative of the Parking Management Advisory Board for a two (2) year term ending July 1, 2009. Page 1 of 1 Cobb, Venice From: Moorefield, Jean Sent: Monday, July 30, 2007 11:44 AM To: Cobb, Venice Subject: CRA Board Meeting Hi Venice: I wanted you to know that Bill Branning was appointed as the new CRA representative to the Parking Management Advisory Board. Peter Arts will continue as the alternate. Thanks Jean Moorefield Administrative Assistant 11 Delray Beach CRA 20 N. Swinton Avenue Delray Beach, FL 33444 561-276-8640 561-276-8558 (tax) 7/30/2007 PARKING MANAGEMENT ADVISORY BOARD 05/07 TERM MEMBERS CATEGORY TELEPHONE EXPIRES 08/31 /07 Mark Krall P & Z Home: 330-0215 Appt09/09/03 1405 S Federal Hwy #141 Office: 276-7424 Reapptll/22/05 Ratified 12/13/05 Delray Beach, FL 33483 Fax: 278-6909 08/01 /08 David Cook Chamber of Office: 276-4194 Appt 07/18/06 901 SW 33`d Place Commerce Home: 732-4193 Ratified 08/15/06 Bo nton Beach FL 33435 y ~ Fax: 276-4190 07/01 /09 William Branning CRA Office: 272-6350 Appt 07/26/07 1461 SW 15`~ Street Home: 368-1958 Ratified Boca Raton, FL 33486 Cell: 350-7552 Fax: 272-7440 09/30/08 Peter Perri WARC Home: 243-6360 Unexp Appt 05/10/06 65-H NE 4`s Avenue Cell: 441-1175 Ratified 07/11/06 Reappt 09/13/06 Delray Beach, FL 33483 Fax: 243-0043 Ratified 12/12/06 08/01 /08 Herman Stevens DDA Office: 278-1988 Unexp Appt 06/12/06 75 SW 5`~ Avenue Home: 272-7477 Ratified 07/ 11 /OG Reappt 07/20/06 Delray Beach, FL 33444 Ratified 09/05/06 The representatives above are ratified by the City commission. The to resentatives below area ointed b the Ci Commission. 01 /31 /08 Mark Denkler Atlantic Avenue Corridor Office: 276-6570 Appt02/21/06 320 NW 9`h Street Between Swinton Avenue Home: 265-4745 Deka Beach, FL 33444 and the Intracoastal Fax: 01 /31 /08 Atlantic Avenue Corridor Unexp Appt Between Swinton Avenue Vacant and Interstate 95 01/31/08 Bonnie Beer Atlantic Avenue and State Office: 274-8898 x-12 UnexpAppt 05/01/07 34 South Ocean Blvd. Road AIA Corridors and Home: 733-4203 Delray Beach, FL 33483 lying East of the Cell: 271-5835 Intracoastal Waterwa Fax: 274-9957 01 /31 /08 Cecelia Boone Old School Square Office: 302-8978 Unexp Appt 03/21/06 220 NE 1 S` Street Historic Arts District Home: 302-8978 Delray Beach, FL 33444 Fax: 278-6221 Email: 01 /31 /09 Nancy Schneider Citizen-at-Large Home: 265-3236 Appt01/07/03 41 East Road Cell: 305-720-4464 ReapptOl/04/05 Delray Beach, FL 33483 Email: melsacharow ~uno.com 01 /31 /09 Troy Wheat Citizen-at-Large Office: 243-2219 Appt 01/06/04 Unexp Smith Barney Home: 737-1308 ReapptOl/04/05 ReapptOl/02/07 ~ 55 NE 5 Avenue, Suite 400 Fax: 243-2250 Delray Beach, FL 33483 Email: Troy.d.wheat(c~amithbarne~ com Contact: Scott Aronson -Parking Management Specialist 243-7286 Commission Liaison: Commissioner Gary Eliopoulos PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 0/07 TERM MEMBERS CATEGORY TELEPHONE EXPIRES 08/31/08 Joe Pike ffice: 274-6500 Appt08/18/06 315 Lake Eden Way & Z Home: 243-0060 Ratified 10/3/06 Delray Beach, FL 33444 ell: 706-6360 08/01/08 hamber of Commerce scant 07/01/08 Peter Arts ffice: 395-1433 Appt 06/08/06 1746 Fern Forest Place RA ome: 637-3640 Ratified 07/ 11 /06 Delray Beach, FL 33445 ell: 703-4770 ax: 395-4755 09/30/08 eginald Cox ffice: 265-1030 Unexp Appt 06/14/06 15 NW 2"d Street ARC ome: 272-8805 Ratified 07/ 11 /OG Reappt 09/13/06 elray Beach, FL 33444 ell: 573-1131 Ratified 12/12/06 ax: 265-1131 08/01 /08 ran Marincola ffice: 274-8898 Appt o7/zo/oG 1138 Vista Del Mar Drive DA ome: 274-4455 Ratified 08/15/06 elray Beach, FL 33483 ell: 251-5885 ax: 274-6778 Contact: Scott Aronson -Parking Management Specialist 243-7286 Commission Liaison: Commissioner Gary Eliopoulos r iY! 1! ~: !~._ Jl. i YY.J -.--J,~••!'nc,y,l,:ol~~rAd 5612433ii4 DELRAY REACH . .ice ~ , L~. ,;Y ~_~_~r~.r ~_~r..rY i lln , CITY CLERK r:-t~~C ril: ~~1 ~ 003 ~/a~~~~, CITY OF DELRAY BF:AC:H BO~A-RD MEMBER 11,PPL.IC/4,?3 ~~ '~~ ® , z of ~1 ZOD6 APR ~ Plc~e type or pant the fvllowin~ ia£o=mation_ „-., ~-~-~ ~ ;~ _~~~ 1_ Iast Nstme: Name ~' - M L~ ~Qgnn ~n __ 2 ~ HomeS ddcess:~ ~L City Stn Ztp Codc 3_ Legal Residence: .Jf Ci tY ~~ State tp Codc m ~< t~J.~~v~ 5 r~~ ~~ ~v ~ 4~. Pniacipal~ Business Address: City -- State ~ 7i~ Code ~ 1JE 2na 5~ D~lr~y~ ~~~-, ~ . 3- 5. Home Phone: Business Phone: T~ Mail Address Cell Phone Fax G_ Ace you a registered vonecs' ~< If so, ~vh a :trc you rc~stcserl? J _ 7. What Board(s) are yon intrrested in sezvinf+-? please list in order of pcefercacc L~-(~ 8. list aU Citp Bonds on wlilch you ate ctuzeady serving or l~aPe previously secc~, L- (1-'Ica;:e include dace;) 9. Educational quaLi6ratinna: ~ifl~elv2..-- a~ 1 (ham ~D~~~~1pr1 ~ -L--- !0. Iist nit related xofrssionstl c~ti~i do and lict: es Which you hold - ~- 11_ Give pout resent, of most=scent ct<+plop~ and position: 12 Desc~bc ~p~ences, sks7ls oc lmowledge avlzic~ qualify you to serve oa this loud: (Plei,sc attach a Ut[ef resume) ~ A~-~?'~c C.~~-O-tom -- I heteby certify that all Che above ratcme:nes are teie, and I egret and understand that anp a;iSSratcm,cat of uzatcoal faces eanrained in this applies ~ e forfeiture upon my part of any appoi,ttena it I mey I,:cerac, ~~~c~ SIGNAT[JltB DATC Note This applieatioa will remain on 1n t~-e City Clerl~s Office fo= a p~_riod of :: pears from fbc date it_ was submittod ~t will~be the appliran>'s rrsponsibility to eos-ure• that a oinretll' application is on file s~Y+efganonanu.reuanoa MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JASMIN ALLEN, PLANNER r~.:1 ~~~ MARK MCDONNELL, AICP, ACTING DIRE TOR P NNING AND ZONING ~~ ~ THROUGH: CITY MANAGER ~~ DATE: AUGUST 16, 2007 _ SUBJECT: AGENDA ITEM # ~• v - REGULAR MEETING OF AUGUST 21, 2007 REPORT OF APPEALABLE LAND USE ITEMS AUGUST 6, 2007 THRU AUGUST 17.2007 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 August 6, 2007 through August 17, 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 August 8. 2007 A. Denied (3 to 2, Mark Gregory and Carolyn Farnham absent), a Class I site plan modification associated with the installation of accordion hurricane shutters along the storefront windows for Lemongrass Restaurant, located on the south side of East Atlantic Avenue, east of SE 4th Avenue (420 & 422 East Atlantic Avenue). B. Approved (5 to 0), a Class I site plan modification associated with architectural changes for Delray Center for Wellness, an existing 2,500 sq. ft. commercial building, located on the west side of SE 4th Avenue, south of SE 1S` Street (120 SE 4th Avenue). C. Approved with conditions (5 to 0), a Class II site plan modification and building elevations associated with the installation of a temporary modular building for Delray Mazda, located at the southeast corner of South Federal Highway and Tropic Boulevard (2001 South Federal Highway). City Commission Documentation, Meeting of August 21, 2007 Appealable Items D. Approved with conditions (5 to 0), a Class III site plan modification, landscape plan and architectural elevation associated with the subdividing of the existing 176,379 sq. ft. building for multi-tenant use and associated parking lot renovations for Congress Park Business Center (Phase II), located on the west side of Congress Avenue, south of West Atlantic Avenue (420 South Congress Avenue). Concurrently, the Board approved a waiver reducing the required 30' perimeter landscape buffer to accommodate preexisting conditions and to allow a minimum 10' landscape buffer along the east property line. E. Approved (4 to 1, Shane Ames dissenting), a Class V site plan modification associated with the construction of a four-story mixed-use building containing 4,854 sq. ft. of office space and four three-bedroom units on the third and fourth floors along with associated parking for Engtek Building, located on the north side of George Bush Boulevard, between NE 6cn Avenue and NE 7cn Avenue. The Board approved the landscape plan on a 5 to 0 vote and tabled the architectural elevation plan. Historic Preservation Board -Meeting of August 15, 2007 1. Approved with conditions (6 to 0), a Class III site plan modification and a Certificate of Appropriateness with the relocation of a structure from 124 NE Stn Avenue including a rear addition and restoration along with additional site improvement at 5 NE 15' Street, located at the northeast corner of Swinton Avenue and NE 1ST Street. No other appealable items were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action. Recommended to the Planning and Zoning Board approval (4 to 2, Linda Lake and John E. Miller, Jr. dissenting), of City initiated amendments pertaining to historic preservation and the Delray Beach Historic Preservation Design Guidelines, to Sections of the Land Development Regulations (LDR) Section 1.4.3, Section 1.4.4, Section 2.2.6, Section 2.4.6, Section 3.2.4, Section 4.1.4, Section 4.3.3, Section 4.4.17, Section 4.4.24, Section 4.5.1, and Appendix "A", "definitions, as recommended after a comprehensive review of the Land Development Regulations. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map 2 CITY Of DELRAY BEACH, FLORIDA - City Commission Meeting - AUGUST 2?, 2007 L~ CANAL sos ~„_, ~ `„ ~ ,~ ~ u u~ mA aoAo r' ~ C, _~. ~ ~„_ ~ ~~~_~ ,._~,_~,_l~,_„ ~ _ _ - ~ L„ ~_~, ~,_~,_,~_~,_~~~ 95 L,.~ LowsoN ~d I s.w. ~ ,~ L.._„_ W l_. ~ ~ 438 CANAL y ~ ~ ~; L.. ~P ~ ~ O v ~ ~ ~ ; o~ .. AtA ! ~a ~ ~ i $ i ~ f V sr ~ ~.. ^ w Q_ ~ ~ ~ ~ ~ ~ w ~ ~ C ~; G15 CANAL ,. ~~~~ I N SPRAB HPB _ ,_„_, _ ~,n,L~,~TS . ,_, _ ,_ A. LEMONGRASS RESTAURANT 1. 5 NE 1ST. STREET ~ ONE MILE I B. DELRAY CENTER FOR WELLNESS GRAPHIC SCALE C. DELRAY MAZDA D. CONGRESS PARK BUSINESS CENTER PHASE Il CfTYOFDELRAVBEACN, FL PLANNfNG & ZONING DEPARTMENT E. ENGTEK BUILDING Aucusrzoo~ • -DIGITAL BASE MAPSVSTEM • - MAQ REF: S:\Plonning de Zoning\DBMS\Flle-Cab\CC-DOC\5-21-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSY NADAL, SR. BUYER THROUGH: DAVID HARDEN, CITY MANAGER DATE: AUGUST 13, 2007 SUBJECT: AGENDA ITEM # ~• ~ • I -REGULAR 1< PROPERTIES DEMOLITION: 230 SW 3~ 1314 SW 22~ AVE., 114 NW 4`° AVE., and ITEM BEFORE COMIVIISSION City Commission is requested to approve the demolition of three (3) structures in the City of Delray Beach by Landmark Construction, Corp. for the total amourn of $18,500.00 per quote #1948, dated July 07, 2007. Richard Bauer, Code Enforcement Administrator requested quotes for three (3) properties scheduled for demolition. The property located at 114 NW 4a' Avenue has been deemed a hazard due to extensive damage including the roof and 230 SW 3`~ Avenue also has been deemed a hazard due to structural damage. The structure located at 1314 SW 22°d Avenue has collapsed due to a fire. Six (6) vendors were contacted for quotes on this project and three (3) vendors responded: Landmark Construction, Corp. $18,500.00 Berg Demolition, Inc. $18,959.00 Frederico, Inc. $23,015.00 FUNDING SOURCE Funding from account code: #118-1965-554-34.35, Other Contractual Service/CTnsafe Bldgs/Structures - $12,200.00 Funding from account code: #001-2741-524-34.35, Operating Expenses Misc. /Unsafe Bldgs/Structures - $6,300.000 RECOMMENDATION Code Enforcement recommends award to Landmark Construction, Corp. in the amourn of $18,500.00 for the demolition of the three (3) properties per Quote #1948, received on August 02, 2007. 0 r m a ai C ev '~ C1 ~ a ~ ~~ ~ ~ u ~' O N ~ O O O O O > _ _ 'C 1 ,1 O r ~ Oa O ~ O a ~ d ~ ~ ; ~ ~ s D m ~ ~'' 0 L ~ 0 d C _~ ~ ~ ~ ~ ~ 0 ~ C Q O o O O ~ ++ m '~ >~m O o N '~ v O E ~ a r ~ °~ > 'as i = N d = a art art at ~ ~ L ~ ~ N ~ m m V N (n O ~ Q ` ~ o ~ .• ~ ~ ~ V = ~ ~ rte. V ~ o ° o ° ~ ~ ~ d ~ Q y O c .~ O O o O O o . ~ V i C r r !9 O C O ,~~ ~ a~ ~ ~ ~ C '~ ~ ~ ~ O ~ ~ ~ J ~ ~ d D I C ., O G Z ~ +=~ ~ '~ O 'O ~ ~ a J a d ~ ~ d ~ c ~ ~ Q ~ w oC > ; d d a ~ m ~ E ~r ~ v 1'7 ~ N y H H ~ ~ ~ ~ ~ ~ ~ Z ~ ~ ~ ~ /3 V 3 V O N ~ ~ r ~ Z ~ AGENt3A ITEM NUMBER: ~' ~ • I A(;ENDA REQUEST Request to be placed on: August 21, 2007 Date: August 13, 2007 ~ Consent Agenda Special Agenda Workshop Agenda Description of agenda item: City Commission is requester to approve the demolrbon of three (3) structures in the City of Delray Beach by Landmark Construction, Corp. for the total amount of $18,500.00 per quote #1948, dated July a~, 2007. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Code Enforcement recommends award to Landmark Construction, Corp. in the amount of 318,500.00 for the demolition of the three (3} properties per Quote #1948, received on August 02, 2007. Funding from account code: X118-1965-55434.35, Other Contractual ServiceNnsafe Bldgs/Strudures - $12,200.00 Funding from account code: 4001 2741-524-34.35, Operating F_xpenses Misc. /Unsafe Bidgs/Structures -$6,300.000 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (iff applicable): Budget Director Review (required on ant items imrohring expenditure of funds}: Funding available: es ,~_ No Funding alternatives: C~ applicabt~) Account Number. vii -~~~/- ~''Z~f 3y 3~,~a.~o~~D.~~c~:S~9(~ Atxount Description: ~~i~ S'Q ~C ~G~/ ~a~iK~~~' fYLC cTuf~ Account Balance: City Manager Review: Approved for agenda: ~ No Hold Until: y Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Joseph Saffonman a Director Guy Buzzelli, CIO THROUGH: CITY MANAGER ~/o I DATE: August 6, 2007 SUBJECT: AGENDA ITEM # ~ • ~ • ~- REGULAR MEETING LAPTOPS FOR CODE ENFORCEMENT OFFICERS ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of nine (9) laptops for Code Enforcement Officers. The laptops are available from Dell Computer Corporation at a total cost of $18,826.20 ($2,091.80 per laptop}, including a 3-year extended warranty and ground shipping, per attached quotation #377313111 dated July 27, 2007, per Florida State Contract #250-000-03-1 pricing. BACKGROUND Currently, Code Enforcement Officers must return to their offices in order to update their records, which is inefficient and has a negative effect on productivity. The use of laptops will enable officers to update records dynamically from the field, affording a savings in travel time and a significant improvement in efficiency. The laptops will serve as replacements for Code Enforcement's desktop computers, which are scheduled to be replaced in the upcoming fiscal year, and thus represent acost-effective and cost-saving solution to Code Enforcement's computer requirements. FUNDING SOURCE The $18,826.20 cost of the laptops will be covered by funds in account #001-2741-524-64.11. RECONIlVIENDATION Staff recommends Commission authorization for the purchase of nine (9) laptops for Code Enforcement Officers from Dell Computer Corporation in the amount of $18,826.20. ,tea.: neu co: U,~ avu«, ~ of c~ ~ Page 1 of 2 DELL QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Date: 7/27107 11:38:03 AM Customer Name: QUOTATION 377313111 1015934 90231 250-000-03-1 7127107 CITY OF DELRAY BEACH TOTAL QUOTE AMOUNT: $18,826.20 Product Subtotal: $18,826.20 Tax: $0.00 Shipping 8~ Handling:. $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 QUANTITY: 9 SYSTEM PRICE: $2,091.80 GROUP TOTAL: $18,826.20 Base Unit: Latitude ATG D620, Intel Core 2 Duo T7200, 2.OOGHz, 667Mhz 4M L2 Cache, Dual Core (222-7258) Processor: 14.1 inch Wide Screen WXGA RGDLCD for Latitude ATG D620 (311-6939) Memory: 2.OGB, DDR2-667 SDRAM, 2 DIMM for Dell Latitude Notebooks (311-5687) Keyboard: Internal English Keyboard for Latitude Notebooks (310-8713) Video Card: Intel Integrated Graphics Media Accelerator 950 Latitude ATG D620 (320-5246) Hard Drive: 80GB Hard Drive 9.5MM, 7200RPMfor Latitude ATG D620 (341-4416) Hard Drive Controller: Standard Touchpad for LatitudeD620 (310-7268) Floppy Disk Drive: Floppy Drive,lnternal/Externalfor Dell Latitude D-Family, Notebooks, Factory Tied (340-6895) Operating System: Windows XP Professional, SP2 with media, for Latitude English, Factory Installed (420-4790) NIC: Dell Wireless 350 Bluetooth Module for Latitude (430-1487) TBU: 90W AC Adapter for Latitude D-Family, Factory Tied (310-7284) CD-ROM or DVD-ROM Drive: 24X CDRW/DVD with Cyberlink Power DVD for Vista BasiclBusiness, Latitude DX20 (313-5043) Processor Cable: Intel 3945 WLAN (802.11aJg) mini Card Latitude, Factory Install (430-1481) Documentation Diskette: D/Port, Port Replicator for Latitude D-Family, Factory Tied (310-7278) Factory Installed Software: Resource CD w/ Diagnostics andDrivers for Latitude D620 Note (310-8629) Feature 6-Ce11/56 WHr Primary Battery Latitude D620 (312-0378) Feature Large Nylon Carrying Case for Dell Latitude D-Family Notebooks (310-7688) Service: Contract -Next Business Day Parts and Labor On-Site Response, 2YR Extended (982-0392) Service: Contract -Next Business Day Parts and Labor On-Site Response, Initial Year (982-2720) Service: Dell Hardware Warranty, Initial Year (986-1787) Service: Dell Hardware Warranty, Extended Year(s) (986-1788) Service: PUB, Lat Stand 3YR (983-6668) Service: CompieteCare Accidental DamageSvc, Lat, 3Yr (960-0407) Service: GOLD TECH Support,LAT,INIT (REL), Dial 1-800-876-3355 for Support (987-1169) Service: GOLD TECH Support,LAT,2YR EXT (REL), Dial 1-800-876-3355 for Support (987-1277) Misc: Dell Wireless 5720 Mobile Broadband (EV-DO) Mini-Card for Verizon, Latitude (430-2276) ~ SALES REP: ~ Barbara Harber ~ PHONE: ~ 1-800-981-3355 ~ file://C:1Documents and SettingslGARRETT\Local SettingslTemporary Internet Files10LK2... 7/31/07 Page 2 of 2 I Email Address: I Barbara_harber@dell.com I Phone Ext: 17243012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/quote Unless you have a separate agreement with Dell, the terms and conditions found at http:/lftpbox.us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. **Sa/es/use tax is a destination charge, i.e, based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, p/ease fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. !f you have any questions regarding tax please cal! 800-433-9019 or email Tax_Department@dell.com. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.comlenvironmentalfee file://C:1Documents and Settings\GARRETT1Loca1 SettingslTemporary Internet Files10LK2... 7/31/07 AGENDA REQUEST AGENDA ITEM NUMBER: ~ ' Request to be placed on: Date: August 6, 2007 X Consent Agenda Special Agenda Workshop Agenda Approval to purchase nine (9) laptops for Code Enforcement warranty and around shinoina. as outlined in the attached to come from account #001-2741-524-(14.11. Nnc~ng is per state ~ontrac~ ~ eau-vu~-~s- ~ . ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO Recommendation: Approval is recommended by Finance Director and CIO. ~1 Department Hsad Signature: ~ Determination of Consistency with Comprehensive Plan: /A City Attorney ReviewiRecommendation (if applicable): N!A Budget Director Review (required on all items Invohring expenditure of funds): _ Funding available: Yes ~~ No Funding alternatives (if applicable): Acxount Number. Account Description: Account Balance: City Manager Revfew: Approved for Agenda: /~ ~j~ /~ JYes/ /, ~" ~ No ~/ ~~ Hold Until- Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # When: August Z1, 2007 Description of agenda item: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CYNTHIA KORTH, BUYER THROUGH: CITY MANAGER~~~ DATE: AUGUST 13, 2007 SUBJECT: AGENDA ITEM # O • f }. ~ -REGULAR MEETING OF AUGUST 21, 2007 PURCHASE AWARD APPROVAL FOR PURCHASE OF ONE (1) REPLACEMENT VEHICLE FOR THE CITY ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of one (1) replacement City vehicle for the Police Department. This vehicle is available via the Florida Sheriff Association Bid #06-14-0821 awarded to multiple vendors extended to 2008 models. BACKGROUND Fleet Maintenance is requesting the replacement of Police car vehicle #1334, which has been declared a total loss as a result of an accident on August 2, 2007. The new 2008 Ford Crown Victoria Police Interceptor is available from Duval Ford for a total of $23,413.00 including options. See attached email document from the Fleet Maintenance Superintendent dated August 13, 2007. FUNDING SOURCE Funding is available from account code 501-3312-591-64.20 (Garage Fund, Vehicle Replacement, Automotive). RECOMMENDATION Staff recommends approval for the purchase of one (1) 2008 Ford Crown Victoria Police Interceptor for the total of $23,413.00 from Duval Ford via the Florida Sheriff Association Bid #06- 14-0821 awarded to multiple vendors extended to 2008 models. Page 1 of 2 Nadal, Patsy From: Rumell, Kevin Bent: Monday, August 13, 2007 1:34 PM To: Nadal, Patsy Subject: t=W: Police Car 1334 Total Loss Importance: High Good Afternoon Patsy, Per Mr. Harden's note of approval on the memo below, I'd like to add the purchase of a replacement police car to the commission agenda for Tuesday, July 21, 2007. The vendor will be Duval Ford; Funds are available for this purchase from account 501-3312-591.64-20. I had recently provided backup on this specification in the Sheriff's Contract to Jackie. Please let me know if you'll need it again. Thank you. Florida Sheriff's Contract #06-14-0821; Specification #1 Replacement for Vehicle #1334 One { 1) 2008 Ford Crown Victoria Police Interceptor $19,224.00 White Exterior/Charcoal Black Interior Option Code 45C Limited Slip Differential 125.00 Option Code 14T Kevlar Trunk Package 195.00 Option Code 61H Ign. Power Trunk Release 60.00 Option Code 67R Rear Door Locks & Handles Inop 25.00 Option Code 948 Rear Windows Inop 25.00 Option Code 478 Courtesy Lamp Disabled 20.00 Option Code DW Vent Visors 89.00 Option Code S lA LH Pillar Mounted Spot Light 290.00 Option Code 5/75 Manuf. 5/75 Extended Warranty ($0 Deduc.) 3,360.00 Total $23,413.00 Kevin G. Rumell Fleet Maintenance Superintendent City of Delray Beach Office (561) 243-7333 Fax (561) 272-5366 Email rumell@ci.delray-beach.fl.us From: Harden, David Sent: Monday, August 13, 2007 1:24 PM To: Rumell, Kevin Cc: Hasko, Richard; Nubin, Chevelle; Smith, Douglas Sufbject: RE: Police Car 1334 Total Loss OK 8/13/2007 Page 2 of 2 From: Rumen, Kevin Sent: Monday, August 13, 2007 1:12 PM To: Harden, David Cc: Hasko, Richard Subject: Police Car 1334 Total Loss Mr. Harden, I would like permission to include the purchase of another replacement Police Car for vehicle 1334 which has been declared a total loss as a result of an accident August 2, 2007. There is yet sufficient funding in 501-3312-591.64-20 to cover the cost of this purchase. I would like permission to include this in next Tuesday's commission agenda for approval. Please advise. Thank you, Kevin G. Rnmell Fleet Maintenance Superintendent City of Delray Beach Office (561) 243-7333 Fax (561) 272-5366 Email rumen a~ci.delray-beach.fl.us 8/13/2007 AGENDA ITEM NUMBER: ~ ~ ~` Request to be placed on: August 21, 2007 AGENDA REQUEST Date: August 13, 2007 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: City Commission is requested to approve purchase of one (1) replacement City vehicle for the Police Department. This vehicle is available via the Florida Sheriff Association Bid #06-14-0821 awarded to multiple vendors. ORDINANCElRESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Staff recommends approval for the purchase of one (1) 2008 Ford Crown Victoria Police Interceptor for the total of $23,413.00 from Duval Ford via the Florida Sheriff Association Bid #06-14-0821 awarded to multiple vendors extended to 2008 models. Funding from account code: #501-3312-591.64-20, Garage Fund, City Garage, Vehicle Replacement Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re on all items involving expenditure of funds): City Manager Review: Approved for agenda:~~ No Hold Until Funding available: es No Funding alternatives: (if applicable) Account Number: I "3-~~Z ~~7 (' 6c~~2v Account Description: 6~v~-' Account Balance: $ l S `~, ~ Z Agenda Coordinator Review: Received: Action: Approved Disapproved Joseph L. Schroeder Chief of Police TO: FROI~t: THROUGH: DATE: SUBJECT: Del ray Beach DEEitAY BEACH Police Department ~~~-a 300 West Atlantic Avenue r Delray Beach, Florida 33444-3695 (561 } 243-7888 Fax {561) 243-7816 zt-ua ' ~~ `+ ; ?~~u~ MEMORANDUM MAYOR AND CITY COMMISSIONERS SHARON L'HERR~OU. ADM[NISTRATNE OFFICE ~ CITY MANAGER/, i August 14, 2007 AGENDA ITEM #~ -REGULAR MEETING OF AUGUST 21, 2007 AMMUNITION ORDER ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) requests approval for the purchase of ammunition in preparation for next year's training and firearms qualifcatians. The total cost for this ammunition is $20,984 and is itemised as follows: 45,000 roundS.(training),.40 cal..$13,~70 • 5,000 rounds (training) .45 cal. $1,669 • 2,000 rounds (training) .38 cal. $850 • 7,500 rounds (training) .223 cal $2,010 • 5,000 rounds (duty) .223 cal. $2,685 BACKGROUND Firearms training qualifications is scheduled far June 2008. Our ammunition vendors have notified us that due to the war in the Middle East, delivery of ammunition is being, delayed by 6-9 months from the date of the order. Therefore, it is necessary to arder the ammunition now to ensure its delivery in time for next year's qualifications. Payment will be due upon delivery. Florida Bullet is a sole-souxce vendor of the ammunition brands used by the Department. These brands are priced below comparable ones currently on state contract. FUNDING SOURCE Funds in the amount of $20,984 are available in account #: 001-21 I 1-521-52.20. RECOMMENDATION The Police Department recommends approval of the ammunition order fiom Florida Bullet. Servi-tg with P.R.LD.E. Professionalism, Respect, Integrity, Diversity and F,xcellence SKI DEIRAY BEACH POLICE DEPARTMENT MEMORANDUM ,, rc-,~~- TO: Sharon t.'Herrou Administrative Officer FROM: Sergeant Fred Parker Training Section DATE: August 2, 2007 SUBJECT: Ammunition t?t~ Reuu~t As part of our annual budget we require the purchase of ammunition for departmen# training and quaycations. Due to the war in the Middle East we have been notified by our ammunition vendors that delivery of ammunition will take at least 6 to 9 months from the date of osier. With this in mind I am requesting that we order our ammunition now instead of waiting until after October, when we would normally place the order. !f we order now, this will ensure that we will have the. ammurti6on needed for department quaycations in June of 2008. If we wait to place the order we may not be able to hold our annual qualifications, which will be a violation of department policy and will be a liability to the agency. To maintain proficiency and qualifications I am requesting the ammunition listed below to be purchased. This request is a partial order request of ammunition, with the balance being ordered after October. Our vendor has assured us that he will not invoice the agency until the order is delivered. 45,000 rounds (training) .40 cal. $13,770 5,000 rounds (training) .45 cal. $1,669 2,000 rounds (training) .38 cal. $850 T,500 rounds (training) .223 cal. $2,010 5,000 rounds (duty) .223 cal. X2,685 $2o,s84 Should you have any questions please contact me. f~~b~,~ Serving with P.R.I.D.E. Date: s, ~ d ~o~ Request to be placed on: AGENDA ITEM NUMBER: AGENDA REQUEST S.~(.'F X Consent Agenda _ Regular Agenda _ Workshop Agenda -Special Agenda When: August 21, 2007 Description of agenda item (who, what, where, how much): The Delray Beach Police Department ~DBPD) requests approval for the purchase of ammunition in the amount of $20,984 to prepare for training and firearms qualifications. Delivery of ammunition is being delayed by 6-9 months due to the arar, so it is necessary to order at this time to be ready for qualifications in June 2008. Florida Bullet is a sole source vendor for the brands of ammunition used by the Department and prices are less than comparable ammunition under state contract. Department H--e~~~=~-' ~t /( Signature: /~+~ f `f~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Ye / No Initials: ~ ~ I' ~e ~ Account Number(s): 001-2111-521-52.20 Description: Ammunition Purchase Account Balance: Funding Alternatives: NIA (if applicable) City Manager Review: Approved for Agenda: ~ No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RICHARD C. HASKO, P.E., ENVIRONMENTAL SERVICES DIRECTO THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: AUGUST 15, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF AUGUST 21.2007 FURNITURE PURCHASE FOR ESD ADMINISTRATION BUILDING ITEM BEFORE COMMISSION Staff requests Commission approval of the purchase of office and conference room furniture for the new Environmental Services Administration building in the total amount of $90,057.49. Furniture purchase is proposed from vendors as follows: The HON Company c/o Workscapes South, LLC $74,954.59 State Contract No 452-001-06-1 Kimball International c/o Workscapes South, LLC $ 5,249.20 State Contract No 452-001-06-1 K-Log, Inc. $ 9,853.70 Sole source for specific training room furniture specified Total $90,057.49 For comparison purposes, a second quote for similaz furnishings was submitted by KI (Krueger International, Inc.) in the total amount of $98,600.20. BACKGROUND Furnishings of current offices in the ESD complex are old, mismatched and generally in poor condition. With the creation of new conference and training space, new furnishings for those facilities must be provided. (see attached memo for more detail) FUNDING SOURCE Funding for furniture and fixtures is available from surplus budgeted funds for wastewater and reclaimed treatment costs which flows have been below anticipated values this year primarily due to water restrictions and successful conservation efforts. Funding is available in account #441-5111-536-64.10, Office Furniture/Fixtures, after budget transfer. RECOMMENDATION Staff recommends approval of purchase of new furniture for the Environmental Services Administration building. Cc: Patsy Nadal, Buyer 8K5 s'~"~,_,• City 4f Delray Beach _T.L'i+~ `'~'G^~`" Deparhnent of Environmental Services p. M E M O R A N D U M www. mydelraybeach.com TO: David T. Harden City Manager ('~ FROM: Richard C. Hasko, P.E., Environmental Services Director "" SUBJECT: FURNITURE FOR ESD ADMIlVISTRATION BUILDING DATE: August 15, 2007 In order to create supplemental secure storage space for the City's Public Works Department, provide facilities for more efficient service provision by the City's Environmental Services Department and create needed additional meeting space for citywide use, the project to constnzct a new administrative building to house the Environmental Services Administration and Engineering divisions was developed in 2005. The project construction budget was established at $3 million with $2.5 million from water & sewer fund and $500,000 from general fund capital. Project construction began in December, 2006 and the current anticipated occupation date is late October, 2007. Since fiunishings of current offices in the ESD complex are old, mismatched and generally in poor condition, and, with the creation of new conference and training space, new fiunishings for those facilities must be provided, we are requesting Commission approval for the purchase of new office and conference facility furnishings for the new ESD Administration building for total cost of $90,003.79. We have programmed the new facility with uniformity and a professional environment in which to interact with customers in mind. In addition, we have incorporated current audio visual technology into the conference and training rooms which will be available for use on a scheduled basis by city departments and neighborhood associations. Funding for this purchase is available after budget transfer from surplus funding of wastewater and reclaimed water treatment costs budgeted for the South Central Regional Wastewater Treatment & Disposal Board. Annual flows upon which budgeted costs were based are significantly lower this year than anticipated primarily due to water restrictions and successful conservation efforts. There are adequate residual funds remaining in the respective operating accounts to fund the treatment expenses for the remainder of the fiscal year. Please place this item on the August 21, 2007 agenda for consideration by Commission. Cc: Patsy Nadal, Buyer WORKSCAPES ~CiTY OF DELRAY ENVIRONMENTAL SERVICES DEPT '( Of 1 3017 EXCHANGE COURT, SUITE f.STATB OF FLORIDA CONTRACT # 452-001-05-1 WEST PALM BEEMAKE PO TO KIMBALL INTERNATIONAL C/O WORKSCAPES SOUTFiNA~IONAL PRODUCT TEL (5fi1) 615-0157 1600 ROYAL STREET JASPER, 1N 47549 FAX {561 } 615-0158 IWn A CK PaR Nan70ar Part Dawn Adaat Latf Fat lASlS 9Y1S EitbtllS bell-% 1 `~ ~NOF ! NL2 I 4 !SPN~1 a CC4#7ABL7;7EYYX27H,BAbE,CYLINDEfl,LAMS,CORD CONF RM lD7 S eQAO S 2SE6.00 ~ S 25Sa0+ f 7,035.~D i BD.DDD eK7T,Al3fUMN2 ~ - ~ I ~ 2 ~ ~NOF N1,2 7 CCWIet92RCL ASLE,48DX79i2W, CETRACKLAMINA ~ ICONF RM 702 j S 6,47D.001 5,0 .00 , S 2.788. 2,1a800 BRODD ~ I I iW 1W/N/OOD RRB ~ ! ! ! I i r IsorTENeD ` kO]OlR EFTS RX#R ~L ' I j ~ ~ .'iAVtDMNANQARD LAMWATE I I ~ l A~ IAVTlAAN i 3 NOF ] i NAta ACCF,980RIES. X3877,AUplO CONF RM! E 7,357. S 7,79].00 .40 S 542. J I IBOARD,LAMBWTE j j AC2 IAIIrIJMN2 1 ' 11 I ~ ~ NOF i 2 NACCi7 ACCESSORIES, MMET,I70UND, , CONF RM 7 I l f 322. i S 844.Op S ]25.w~ S 257.80 a 1 NL2 7 ! UNI ,CXtE~N .LAMINATE, : 702 5.090.00 S ADDD. 7.795.00 ! .00. ~ 80.000 I iwoopRlM I. ~ ~ ' I F j50FTEn~n ~ I ~ ~ ~. I STD ;STANDARDI.A,MMSATE ~ ~ 1 f AC2 'AU1tAAN2 I f e l l Nor ALA !NOreaeeoal s 7a,72s.oo t a~avso tea55 ?brand TOtal ! ' f !3.723.00! S 5,24830 BDd00 ~ v V J S:IDRAWINGSIPEGGYIC]TY OF DELRAYIENVIRONMENTAL SERVICES DEPT146371 NATIONAL QUOTE.08113/07 16:29:45 0865/2007 09:42 K LOG ~ 15612437156 City of Delray Beach Patsy Nadal Delray Beach FL 33444 ldCi.213 D001 K-Log,1nC. 9224 West 27th Street P.Q_ Box 5 Zion, IL 60099 \aCRJ V 4Q LI V 11 Phone: (&47)872-6611 Toll Flee Phone: (800)872-6511 Fax: (847j872.3T28 E-Mall: info~k-}iog.corn 1N®bsite: httpJlwww.k-log.com i * • s • 7068425 Q779390 1 A • -i `s^~ 7127lZ007 CLMlBK i ~r - Approx. 3-5 weeks, ARO MF"f" 2460 Mobile flip top training table (60"Wx24"Dx29.5"ii) KSP-2 Stack-plus chair without arms. 1Ne ate pleased to submit the above quotation fpr your cpnsiderdtion-All quotatrons are continger>t upon the availabi7'dy of makerials and al other causes beyond our confirol. Typogr8phigl errors ace subject to corrrsetian. Prices and shipping charge are to Qelray Beach, FL 33444 stanriard dock to dock tailgate delivery only. This quo4e is valid for 30 days. Thank You! ZO ~ $219.50 ~ $4,390.00 60 I 569.50 ~ $4,170.04 .~ $8,560.00 ' - • $9,293.74 i • - X9,853.70 08/15/2007 09:42 K LOG } 15612437166 1.213 D0@2 1224 W. 27ei Street - zifln, Illinois 60U99 - Rhone: 800-872-6611- Fax: t34~-8'12-37~$ ~1DD~'TIOII~AL C4_~11NEN prices and shipping charge aze to Delray Beach, FL 33444, regular dock to dock tailgate delivery oxdy. Prices aze £ox all the models and quantities listed, skxippiag at one tinne to one location Any changes •avill affect your cost. This quote is vaJad for 30 days- isc~uate ~?O~.S TOT i~clade: 1) Iassde deliveryryy 2) Notice pzio= to deliveryy 3) Unpaciting or amy necessarg assembly. (Servaa~r not offend by K Lo,9} Youx specifi-c deliveryryy requizemen~ts and location features have been noted ova your quotatxoa. Flease see the followixxg page for an explanation of the available delivery services. if you requite services other than What aze indicated on your Price Quote, please call out Quote Department as additional ehazges ~' apply When ordetdag yleasc include: 1) A cope o£this quote or xe£erence Qu4te# 7068426. 2} Credit refereziees (unlesr P~rbkt Scboo~ Government Entity, or nferznce.r have been~revioualy~irovided) 3} Any color choices 4) I~ Log catalog number (found zn theyedlow box on the b~rck of the catalog} Thank you £or the opportui» tty to quote. Your business would be apprectiated. Siuacexely, ~atrie L. ~dor~nn Carrie L. Ivloacgau _z. 08/15/2007 09:42 K UlG 3 15612437166 N[3.213 D003 1224 W. 27't Street -Zion, Illinois b0099 -Phone: 800-872-661 l -Fax: 847-8'12-3728 xpr e DEFrurrren- eF DEL?VERY REQUIREMENTS loads o Doak: Receiving area for acceptixsg shipments- Floor elevation must be at same level as trucl: bed Tailboaie Delty~ Truck is oalp zesponss~le £or moving the shipment to the tailgate of the trailer, You are responsible for removing the shipment frond t3Ze truck and into the bn~ding Inside X)eliv+e :Truck driver wi71 help offload the shipment from the truck and bring it juslt itlside ikte door, out of the ~weather_ 'Ihe truck driver is only obligated to bring the Product inside the building and out of the weatltes, not to brag the pnodt+et to ies &aa1 dtstasatwa (1~: ,epee f7e rnoonr o~ loeadaa~ Also if delivery is required to a different floor o~et thy, ~e ground level, a Pxeight Elevator must be ava~1, able. Again, driver is only obligated to bring through the door (outride of the elevators he is not obligated m brtag to actual loearion. Z4,i=3'ourNotiee: The freig~t tarnpany will notify you by tclcphone at least 24 hours prior to delivery. ' Gate: Recommended for larger at1d / or heavier shipments- A lift gate will be used to lower the shipment off th¢ truck dawn to the streE~t level (.Pmvrded by tbe~ight mmp,a y asd urual~ ~rdary when a loading dock is not avaikible~ 1~~ra Delivery ,Person: A second man will be sent with the driver to assist in special services for larger and / or hearries shipments whey you are unable to assist. 0 -3- N V Q O r ~ Z O a J W "~ O {ij ~ 0 ~~dm W N U'c ~~Ya ~~oz Z~3~ W~OV Zz}~. O c°s~~ ~QQ~W . WpU~ >- "OY ~zo O W 0 ~ Q ~ N p~o O a W ~, Y U ~. V J J = m 4 LLJ ~ M Oy1Ji N~QV ~. 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N q N i C7 N [V v7 CO O M 0 v d N 0 O M w w U w J F~- Z w Z O J w O w a C~ Z Q z 0 AGENDA ITEM NUMBER: Date: August 15, 2007 Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda When: August 21, 2007 item Description: ~-K,t„~,~~~er~c~unal Staff requests commission'appraval for purchase of furniture for the new ESD Administration Building from The Hon Cc~''c/o Workscapes South, LLC., and K-Log, Inc. in the total amount of $90,057.49. Office furniture in current use is old, mismatched and in generally poor condition. New conference facilities will require new furnishings. Funding is avaiiabie in account no. 441- 5111-536-64.10 after budget transfer. ORDINANCE/RESOLUTiON REQUIRED: YES NO X Draft of Resolution Attached: YES NO X Recommendation: Staff recomm AGENDA REQUEST furniture Department Head Signature: ~ , ~ v Determination of Consistency with Comprehensive Pian; _o City Attorney ReviewlRecommendatlon (if applicable}: Budget Director Review (required on all items involving expenditure of funds): ~~ Funding avaiiabie: Yes X '~~ S No Funding alternatives {if applicable): Account Number. Account Description: Account Balance: P'~IS - I City Manager Review: ,~'~ Approved for Agenda: ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.Q. # MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Safford~Finance Director THROUGH: David T. Harden, City Manager ~~ DATE: August 10, 2007 SUBJECT: AGENDA ITEM# REGULAR MEETING OF AUGUST 21, 2007 PURCHASE OF REPLACEMENT DATA MIRRORING SOFTWARE ITEM BEFORE THE COMMISSION The City of Delray Beach IT Divisian is requesting to replace the data mirroring software that allows us to duplicate operating systems between City Hall and the Police Department. Therefore, in case either system goes down, the other system maintains operation. The present software firm's server technology is being acquired by IBM and IBM will not support the existing software. BACKGROUND The City of Delray Beach presetrtly has duplicate iSeries systems in City Hall and the Police Departmen. These systems are mirrored (duplicative} which allows us redundancy and allows us to backup systems without bringing down operations. This mirroring software is supplied. by DataMirror. IBM is acquiring DataMinror server technology but will probably not support the existing software. There are three (3) other firms supplying data mirroring software, all of which were recently acquired by Vision Solutions. Therefore, we are considering this a sole source supplier and would select the iTera software acquired by Vision Solutions. The price will be $25,300 which will be split between the IT Division (City Hall) and the Police Department. There will be a significant savings in annual maintenance fees from the current $13,480 to a new fee of $3,800 or a savings of $9,680 per year. This new software will pay for itself in athree-year period. FUNDING SOURCE City Hall 001-1811-513-66.10 $12,650 Police Department 001-2111-521-66.10 $12,650 RECOMMENDATION Staff recommends approval for $25,300 to Vision Solutions for the replacement of iSeries mirroring software. 8K~ MEMORANDUM TO: Joseph SafFord, Finance Director FROM: Guy Buzzelli, CIO DATE: August 9, 2007 SUBJECT: Replacement of DataMirror Software for the IBM iSeries Currently the City uses DataMirror softwaze to replicate data on the Police and City Hall iSeries. The software synchronizes data in real time between the iSeries systems, and is critical to ensuring that City users have immediate access to accurate data, and that the data aze dependably backed-up. IBM is now in the process of acquiring DataMirror's server technology, but IBM System i customers will face risks as IBM is unlikely to support DataMirror's replication System i softwaze following the acquisition. Because of this risk, Gartner Inc. has recommended that DataMirror customers give "serious consideration to alternatives...for System i high availability and switchover." 1 Because data mirroring is mission-critical to the City, we must ensure that we do not find ourselves with unsupported and no-longer-functional software. We recommend taking a pro-active approach by obtaining alternative software as soon as possible, ensuring a smooth transition. There are basically three alternatives to the DataMirror software: iTera, Mimix, and Orion. All three were recently acquired by Vision Solutions, meaning that all competitors to the DataMirror high-availability softwaze are now owned by one company. Therefore, the procurement of a replacement for the DataMirror System i Software will of necessity be sole source. Of the three alternatives, our research shows that, in our environment, the iTera softwaze is the optimal replacement for the DataMirror softwaze. Vision Solutions has quoted us a purchase price of $25,300 for the softwaze, installation and training (see attached quotation). This is an advantageous price, for the softwaze typically costs in the neighborhood of $40,000. We were able to obtain this favorable quotation because of our good relationship with Midrange Support and Services, our iSeries vendor, and Midrange's good relationship with Vision Solutions. Moreover, the one-time purchase cost of the iTera software will be counterbalanced by the significant yeazly savings in maintenance fees: The City is currently paying $13,480 Gartner Inc., IBM Strengthens Data Integration Suite with DataMirror Buy, Research ID No. 600150432, 18 July 2007. Gartner Inc. is a well-Imown international firm of IT analysts and consultants, and the firm is recognized for its highly dependable research and recommendations. Memorandum - 8/9/200'7 Page 2 per year as a maintenance fee for DataMirror; for iTera, the maintenance fee will decrease to $3,800 per yeaz. This equals a total savings in maintenance of $9,680 per year. The cost of the software will be split 50:50 between IT and the Police Department. Funding for the software will be available from Police account 001-2111-521-66.10 and IT account 001-1811-513-66.10 once a budget transfer is completed. We consider this project critical, with high priority being assigned to ensure the continuation of our vital IBM iSeries operations. We request that approval for the purchase of the iTera software be added to the agenda of the next Commission meeting, to be held on August 21, 2007. VZS I O1'1' V;sion Solutions, inc. s o ~ u T r o N s Software License Agreement This Software License A~re~nent ("Agreement'? is between Vision Solutions, Inc., a Delaware corporation, (Vision") with its principal place of business at 17911 Von Kannan, 5 Floor, Irvine, CA 92614, and City of Delray Beach, Florida, (°Licensee'~ with its principal business information listed below. A. LICENSEE INFORMATION. BILL TO: Ci of Delra Beach, Florida SHIP TO: SAME Address: 100 NW First Avenue Address: C Delra Beach State: FL Zi :33444 C State: Zi Email: buzzell' ci.delra -beach.fl.us Email: Phons: 581-243-7149 Phone: At~rrtion: Gu Buzzelll P.O.# Attention: B. PROGRAM PRODUCT, CUSTOMERCARE AND LICENSE FEES. Program Product shall consist of the software listed below and all updates, enhancements and modifications thereof provided to Licensee through CustomerCare Services, in both type and quantity and shall be installed only on the System Model and Processor Feature Cades listed herein. Additional License Fees shall apply for additional Program Product, System Model upgrades or additional CPUS and may be obtained through a rider to this Agreement or Licensee's purchase order issued to Vision and referencing this Agreement. SYSTEM MODEL # OF CPUS PROGRAM PRODUCTS AMOUNT 8 SERIAL NO. 810 P10 1 Tera HA $13,300 810 P10 1 iTera HA (included) CustomerCans Fees No charge first year Services $12,000 Total Fees* $25,300 *All amounts stated herein are exclusive of airy and all applicable tax®s (e.g., sales, VAT) IN WITNESS WHEREOF, Licensee and Vision each have caused this Agreement to be executed on its behalf by a duly authorized officer. Accepted by VISION SOLUTIONS, INC. Accepted by LICENSEE By execution, signer certifes mat signer is authorized to execute this By execution, signer certifies that signer is authorized to execute this Agreement on behalf of Vision Solutions, Inc. Agreement on behalf of Licensee. By: Name: Title: Date: By: Name: Title: Date: Software License Agreement CONFlDENT1AL Revision J-2007 Vision Solutions, Inc. Page J TERMS AND CONDITIONS 1.0 DEFINITIONS 1.1 "Authorized User" shall mean a person who is an employee of Licensee, or a contractor, provided that i) the use by contractors shall be for the sole purpose of assisting Licensee to manage Licensee's business, and not for such individuals' or entities' own use, and ii) contractors are bound by a written agreement to abide by the terms of this Agreement. 1.2 °Documentation° shall mean the user guides, manuals, and assodated technical documentation for each Program Product andlor component thereof. 1.3 "Effective Date" shall mean the date the Agreement is signed by Vision. 1.4 "Installation Services° shall mean services provided by Vision that include (but may not be f~rrited to) project planning, Program Product installation, Program Product orientation, dint configuration, review of daily operations and procedural requiremerrts and product menus. 1.5 "License Fees" means the fees Licensee must pay Licensor as set forth in the Cover Page, to license the Program Products from Vision. 1.6 'Program Product" shall mean the machine readable object code made generally available by Vision and as listed on the Cover Sheet and licensed to Licensee under this Agreement, together with all new Releases of such Program Product that are provided to Licensee from time to time pursuant to this Agreement, as well as third party software programs that are embedded in the Vision Program Product, or otherwise provided by Vision for use in connection with the Program Product, without any separate license agreement with the third party owner thereof. 1.7 "System Model" shall mean a cabinet containing one or more central processing units with common resources. 1.8 `Processor Feature Code" shall mean the type of Central Processing Unit ("CPU") in use with the System Model. 2.0 GRANT OF LICENSE, USE. 2.1 In consideration Of the License Fees paid by Licensee and subject to the terms and conditions of this Agreement, V'u<ion hereby grants Licensee a perpetual, non-exclusive, non-transferable {except as provided herein) license for the Program Product to install, use, and execute the Program Product as set forth on the Cover Sheet by Licensee's internal or external Authorized Users and only on the System Model, Processor Feature Gode, and number of CPUs specified in the Cover Sheet. Any use beyond the authorized use set forth in the terms and conditions of this Agreement and the Documentation shall be unauthorized and a breach of this Agreement.. 2.2 Except as provided herein, Licensee shall not copy, modify, after, translate, decompife, disassemble, reverse engineer or create derivative works of the Program Product, including but not limited to, modifying the Program Product to make lt operate on non- canpatib~ hardware. 2.3 Vision reserves the right to (not more frequently than annualty) review Licensee's depbyment and use of the Program Products for compliance with the terms of the license agreement at Vision's expense. Any reviews shall be scheduled at least 15 days in advance, shall be conducted during normal business hours at Licensee's facilities, and shall not unreasonably interfere with Licensee's business. 3.0 OWNERSHIP Vision retains all right, title and interest of its Intellectual Property Rights to the Program Products and the Documentation. Except for the license expressty granted herein, or Documentation by implication, estoppel, or otherwise. Licensee acknowledges that the Program Products are licensed and not sold under this Agreement, and that this Agreement does not transfer title in the Program Products or Documentation or any copy thereof to Licensee. Without limiting the foregoing, Licensee may not sublicense otherwise dLstribute the Program Products or any portion thereof to any third party , or permit any third party to use the Program Products, unless otherwise authorized by the Vision in writing. 4.0 CUSTOMERCARE TERMS AND CONDITIONS Vision shall provide the following upon payment by Licensee of the Customers;are Fees set forth on the Cover Sheet. Such CustomerCare Services shall be provided during the Intial Term or any Renewal Term only. The extent of Vision's duty to provide CustomerCare Services is expressty stated in this Agreement. Any service not spedfied herein is outside the scope of this Agreement and may tie provided as available, in aek~rdance with Vision's then current terms, conditions and charges. 4.1 CUSTOMERCARE SERVICE 4.1.1 Vision shall provide reasonable telephone assistance and consultation to assist Licensee in resolving problems with the use of the Program Product including the verification, diagnosis and correction of material errors and defects in the Program Product. 4.1.2 Licensee shall have akxess to Vision's Online CustomerCare Knowledgebase providing anportant product and support information as well as Vision's eSupport Website. 4.1.3 Licensee shall receive any corrections, enhancements, and 'improvements made to the Program Product. Licensee shall not receive any products that could be used, marketed, or sold independentty or separatety from the Program Product. 4.1.4 Licensee agrees to incorporate any and aN new releases, corrections, enhancements, and improvements made to the Program Product delivered to Licensee within twelve (12) months from the date Licensee is notified ("Notification Date's that new releases, corrections, enhancements, and improvements made to the Program Product are made available for implementation or Vision may, at V'~ion's option, terminate CustomerCare Services. 4.2 Other Support. Telephone and on-site support for non- defed related support services such as, installation, upgrade planning assistance and rote swap planning and support are available at Vision's current services rate through a separate services agreement. 4.3 7)cRM, TERMINATION AND REINSTATEMENT 4.3.1 The Inltial Tenn shall commence upon the Effective Date and shall continue in full force and effect for twelve (12) months unless otherwise stated herein. Thereafter, CustomerCare services may, at Licensee's option be renewed for additional twelve (12) month temrs ("Renewal Term") unless terminated by either party thirty (30) days prior to the end of the Initial Term or Renewal Tenn in accordance with the notice provisions set forth in the Terns and Condltions. 4.3.2 CustomerCare Services shall autornaticatty terminate upon termination of the Agreement. Except for termination due to Vision's material breach of this Agreement, no refund or rebate shall be made to Licensee for the remaining portion of any CustomerCare Fees upon termination. 4.3.3 If CustomerCare Services have not been continuously in effect since the Effective Date, a reinstatement tee shall be charged equal to the difference between the total aggregate CustomerCare Fes paid by Licensee since the Effective Date, and the total aggregate Customertare Fee that would have been paid by Licensee had CustomerCare Services been in effect continuously since the Effective Date. Licensee obtains no rights, title or interest in the Program Products Software License Agreement CONFIDENTIAL Revision 1-2007 Vision Solutions, Inc. pages 2 4.4 CUSTOMERCARE FEES. Vision may increase CustomerCare Fees upon renewal of the Initial Term or any Renewal Term. CustomerCare Fees for Renewal Terms shah be based upon the previous Term's annualized CustomerCare Fees and shall be subject to annual increase. CustomerCare Fees do not include any tax amounts, if applicable. Additional CustomerCare Fees for additional Program Product, System Model upgrades andlor additional CPUs may apply and shall be pro-rated for the remaining term of the current CustomerCare Term. 5.0 SERVICES 5.1 Services will be provided subject to the availability of Vision technical resources, access to applicable Licensee resources and fadlities, and Vision's ability to acquire and execute assodated travel arrangements. 5.2 Licensee agrees to fully cooperate wilt Vision in connection with the Services provided hereunder and shall (i) appoint a project manager to interface with Vision personnel; (ii) insure that such project manager and other Licensee personnel are reasonabty available for corraultation and assistance, and to verify the results of any testing process; and (iii) provide adequate faclUties and support as may be reasonably required by Va:ion. 5.3 Technical Education Basses are available. Technical Education fees do not include any travel and living expenses incurred by the atDendee. Prepaid classes must be taken within one (1) year of Effective Date. No refund or rebate shalt be made for unused, prepaid Gasses. 5.4 Vision shall have the full and unrestricted ownership Of all of the services and work performed for Licensee, including but not limited to creation of programs, flow charts, listings, printouts, documentation, estimates, drawings, spedfications and notes ('Work Product') and alt of the rights thereto. Except as otherwise set font herein, Licensee expressly waives any rights of any kind to the work, and results thereto, and shall not make any claims against Vision regarding ownership of the work. 5.5 The Work Product shah become a part of the Program Product asset set forth herein upon payment of all fees due hereunder except that Vision shall not provide any CustomerCare Services for any Work Product. 6.0 PROGRAM WARRANTY 6.1 Vision warrants to the original Licensee that for one (1) year from the Effective Date (the "Warranty Period') the Program Product will perform substantially in accordance with the Documentation. Vision does not warrant that the Program Products or any portion thereof is error-free. This limited warranty does not cover loss or damage for any a) modification or repair of the Program Products by Licensee or any third party; (b) failure or incompatibility of the Program Products with hardware or other software not supplied by Vision; or (c) acddent, neglect, failure of electric power, storage or use in improper or adverse environmental conditions, misuse, negligence, catastrophe, operator error, or causes other than ordinary and intended commeroiat use. FF Licensee notifies Vision of the material nonconformance of the Program Products with the Documentation during the Warranty Period, and if Vision confirms such non-corrtormance, Vision's entire liability and Licensee's sole and exclusive remedy shall be, at Vision's option to correct or provide a bug fix, error correction, or work-around for documented reproducible nonconformance, or replace the Program Products. 6.2 THIS WARRANTY IS /N UEU OF ALL OTHER WARRANTIES WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7.0 LIMITATION OF LIABILITY. IN NO EVENT SHALL VISION, ITS SUPPLIERS OR LICENSORS, BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPEgAL, INDIRECT, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PROGRAM PRODUC'T'S, THE DOCUMENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER PECUNIARY LOSS, EVEN IF LICENSOR HA3 6EEN ADVISED OF OR KNOWS THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VISION'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THIS AGREEMENT, THE PROGRAM PRODUCTS OR THE DOCUMENTATION WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID BY THE LICENSEE UNDER THtB AGREEMENT DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, EXCEPT FOR VISION'S LIABILITY UNDER SECTION 8 BELOW. LICENSEE ACKNOWLEDGES THAT THE AMOUNTS PAYABLE HEREUNDER ARE BASED IN PARTY ON THESE LIMITATIONS, AND FURTHER AGREES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL. PURPOSE OF ANY LIMtT£D REMEDY. 8.0 INDEMNIFICATION, INFRINGEMENT 8.1 Vision agrees, at its own expense, to indemnify, defend and hold Licensee harmless from and against any and all damages and cwsts or, at V~ion's option settle, any claim, suit, or proceeding that the then current Program Product or Documentation used within the scope of this Agreement directly infringes any United States patent or copyright provided that Vision is notified in writing immediately after Licensee receives notice of such claim of infringement and provided with sale control of both the defense of any action on such claim and all negotiations for its settlement and compromise. 8.2 In the event that the then curnent Prognem Product is held by a cart of competent jurisdiction to constitute an infringement or its use is enjoined, or in the opinion of Vision, the Program Product is I~cety to become the subject of such claim, Vision may at its option (a) procure for Licensee the right to continue using such Prognun Product; or (b) replace such Program Product with other equivalent, non-iMringing software or modify the Program Product to make it non-infringing; or (c) terminate this Agreement and provide a credit for such Program Product in the amount of the License Fees actually paid prorated on a three (3) year, straight-tine depreciation basis. 8.3 Vision shall have no obligation with rasped to any claim based on Licensee's modification of the Program Product or their combination, operation or use with apparatus, data or programs not furnished by Vision or in other than the specified operating environment. 8.4 This Section 8 states Vision's entire obligation to Licensee regarding infringement and indemnification. 9.0 PAYMENT In consideration of the license granted in this Agreement, Licensee agrees to pay the License Fee set forth on the Cover Sheet. Alt License Fees payments shall be non- refundable, irrevocabb and paid in United States dollars. License Fees shall be due net thirty (30) days from the date of Vision's invoice unless otherwise set forth on the Cover Sheet. CustomerCare Fees for the Initial Term shall be due net thirty (30) days from the Effective Date unless otherwise set forth on the Cover Sheet. 10.0 TAXES Licensee agrees to pay on or before the due dabs thereof, any and all applicabb taxes, assessments and other gavemment dtiarges relating to the possession, use or operation of the Program Product pursuant to this Agreerrrent, except for Federal and State income taxes of Vision. Licensee agrees to comply with all laws requiring the filing of tax returns for the above Soti!ware License Agreement CONFIDENTIAL Revls-at 1-2007 Vision Solutions, Inc. Page 3 mentioned taxes, and Vision shall promptlty forward to Licensee any statements for such taxes received by Vision. Licensee shall promptly pay to Vision an amount equal to any such taxes actually paid or required to be coUeded or paid by Vision. 11.0 CONFIDENTIALITY. Licensee acknowledges that the Program Products, Documentation and information provided in accordance with the terms of this Agreement are the confidential, proprietary and trade secret information of Vision ("Confidential Information'. Licensee agrees that during and after the tern of this agreement, Licensee shall keep the Program Products and Documentation strictly confidential and shall not discose the Confidential Information to arry person or entity other than Licensee's employees who have a need to know such information provided that this provision shall not apply to information or data which is in or enters into the public domain or which was lawfully in possession of the Licensee (as evidenced by written record) prior to the date of this Agreement or is required by law to be disclosed after written notification by the receiving party. The parties agree that any breach of the restrictions set forth in this Section 12 will cause irnepareble harm to the non-breaching party, entitling such party to injunctive relief in addkion to all other legal remedies. 12.0 EXPORT CONTROL. Licensee shall not export or re- export, or allow the export or re-export of the Program Products or any copy, portion or direct product of the foregoing, in violation of any export laws, restrictions, national security controls or regulations of the United States or other applicable foreign agency or authority. 15.0 TERM; BREACH AND TERMINATION 13.1 Tenn. this Agreement shall commence upon the Effective Date and remain in full force and effect until terminated as provided herein. 13.2 Terminat/on. Either party may terminate this Agreement on (thirty) 30 days' written notice of a material breach of this Agreement if the breaching party has not cured such breach within such 30-day period. The parties acknowledge and agree that Licensee may at any time delay, interrupt or cease use of the Program Products or Documentation, but this Agreement shall continue in full force and effect. Vision shall have the right to terminate this Agreement immediately, without Licensee having an opportunity to cure, on notice that Licensee has used the Program Products or Documentation outside the scope of uses permitted herein. Licensee expressly agrees that termination of this Agreement shall not discharge any payment obligations accrued as of the date of such termination, even if such obligations are payable after the termination date, or entitle Licensee to a refund of any amount previously paid to Vision. 13.3 Insolvency. To the extent permitted by applicable law (inducting II U.S.C. Section 365) the non-defaulting party may terminate this Agreement immediately by written notice to the other in the event the other party makes an assignment for the benefit of its d~eddors, admits in writing an inability to pay debts as they mature, a trustee or receiver is appointed respecting all or a substantial part of the other party's assets, or a proceeding is instituted by or against the other pally under any provision of the Federal Bankruptcy Ad and is acquiesced in or is not dismissed within sixty (60) days or results in an adjudication of bankruptcy. To the extent applicable law prevents the non-defauRing party from terminating this Agreement, if it should wish to do so as described above, then the parties shall have onty those rights and remedies permitted by applicable law, inducting the United States Bankruptcy Ad, inducting but not limited to II U.S.C. Section 365. However, the non-defauRing party has the unrestricted right, at its option, rrot to terminate this Agreement and to continue to exerdse its rights under this Agreement. 13.6 Upon termination of this Agreement for any reason, Licensee shall immediately Deese using the Program Products and immediately return to Vision, or certify the destnudion of, all copies of the Program Products and Documentation in Licensee's possession or under its control. 13.7 The following portions of this Agreement shall survive termination of this Agreement and continue in fuA force and effect: Sections 6, 7, 8, 9, 11, 15, 16, 17, 19, 20 and 21 as well as all payment obligations incurred prior to the termination of this Agreement shah survive any termination of this Agreement. 14.0 ASSIGNMENT. This Agreement shall be binding on and inure to the benefit of the parties hereto and their pemttlted successors and assigns. Vision may assign or transfer this Agreement with prior notice to the Licensee. Licensee may not assign or transfer, whether by merger, operation of law, or otherwise, any of its rights or delegate any of its obligations hereunder without the prior written consent of Vision, which may be withheld at Vision's sole diskxetion. 15.0 SEVERABILtTY. If any provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the other provisions shall remain in full force and effect. 16.0 CHOICE OF LAW; FORUM. This Agreement shall be governed by and construed under the laws of the State of Fkuida without giving effect to its conflict-of-law prindples. The parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with reaped to or arising out of this Agreement shall be brought in the U.S. District or for the County of Palm Beach. The parties agree that the U.N. Convention on Contreds for the International Sale of Goods shall not appty to this Agreement. i7.0 WAIVER. The waiver or failure of either party to exerktise in any rasped any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. 18.0 FORCE MAJEURE. Neither party shall be liable for failure or delay in performance of any obligation under this Agreement, except the making of payments hereunder, ff such failure or delay is caused by crcumstances beyond the control of the party concerned, including without (imitations, failures from resulting fires, accidents, labor stoppages, war, inability to secure materials or labor, government ads or ads of God. 19.0 INDEPENDENT CONTRACTOR. The parties' relationship shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed to make either party an agent, partner, representative, or prindpal of the other for any purpose. 20.0 NOTICES. All notices permkted or required under this Agreement shall be in writing and shall be delivered in person or mailed by first dass, registered, or certified mail, postage prepaid, to the address of the party specified in this Agreement, or such other address as either party may spedfy in writing. Such notice shall be deemed to have been given upon receipt. 21.0 ENTIRE AGREEMENT. The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes all proposals or prior agreements, oral or written, and ail other communications between the parties relating to the subject matter of this Agreement. No ad, usage, or custom shall be deemed to amend or modify this agneement. No amendment, change or modification to this Agreement shall be effective or enforceable unless it is in writing and executed by the duly authorized representative of each party to this Agreement. SoRware License Agreement CONFIDENTIAL Revision 1-2007 Vision Solutions, inc. Page 4 Date• August 10, 2007 • d`' . ~~/~• Request to be placed on: x_ Consent Agenda When: August 21, 2007 Description of agenda item (who, what, where, how much): The City Commission is requested to approve the purchase of data mirroring software for the iSeries systems in City Hall and the Police Department. The firm of DataMirror is being purchased by IBM and they will not support the current software. Replacement of this software will be from Vision Solutions for a purchase price of $25,300 for software, installation and training. Cost will be split 50:50 between the IT Division and Police Department. Since Vision Solutions merged all of the present suppliers of this software, this is considered asole-source supplier. Funding from account number 001-1811-513- 66.10 and 001-2111-521-66.10 following budget transfers. Department Head ~~ Signature: City Attorney Review/Recommendation {if applicable): _ Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: Yes / No Initials: Hold Until: AGENDA ITEM NUMBER ~ • ~ ,1 ~, AGENDA REQUEST Regular Agenda Workshop Agenda Special Agenda (if applicable} Agenda Coordinator Review: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CANDI N. JEFFERSON, SENIOR PLANNER ~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER~~~ DATE: August 14, 2007 SUBJECT: AGENDA ITEM # ~ • ~ REGULAR MEETING - AUGUST 21, 2007 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A 24 HOUR OR LATE NIGHT BUSINESS KNOWN AS THE LAST RESORT SALOON IN THE PLANNED COMMERCIAL (PC) ZONING DISTRICT PURSUANT TO LDR SECTION 4.3.3(W-(2)(c1 ITEM BEFORE COMMISSION The item before the City Commission is consideration of a Conditional Use request to establish a 24-hour or late night business for the Last Resort Saloon located at 3205 South Federal Highway. BACKGROUND The applicant recently relocated a stand alone bar (Last Resort Saloon) from Tropic Isles Shops (Tropic Boulevard and South Federal Highway) to Pelican Harbor Shoppes (Tropic Isles Drive and South Federal Highway). On June 4, 2007, the City Commission approved a waiver request for Last Resort Saloon to be located within 750 feet of another stand alone bar located in an adjacent shopping center to the north (Delray Shopping Center). Now before the Commission is.a conditional use request by Last Resort Saloon to allow a "24-hour or late night business" within bays 5, 6 and 7 of the Pelican Harbor Shoppes located on the east side of South Federal Highway between Lindell Boulevard and Tropic Isle Drive which would extend the current operating hours from midnight to 2:OOam. REVIEW BY OTHERS The Planning and Zoning Board will hold a public hearing in conjunction with the conditional use request at its meeting of August 20, 2007. A letter from the public recommending denial of the request has been received and is attached. A report of the Planning and Zoning Board's action will be provided at the City Commission meeting. RECOMMENDATION Approve the conditional use request to establish a 24-hour or late night business (Last Resort Saloon) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to the following conditions: 1. That the timing for the three (3) existing parking lot lights currently operating from dusk to midnight be modified to operate from dusk to 2:OOam; and, 2. That if the business operation is modified to provide anight/dance club and live entertainment, a conditional use modification must be approved. Attachments: Location Map, Existing and Proposed Lighting Plans, Floor Plan and Interior Security Measures, and Letter of Opposition IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR LAST RESORT SALOON ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on August 21, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Last Resort Saloon. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No, II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findins~s: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. LDR Section 4.3.3(1M(2)(c) Findin~as: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shall be made in order for any 24-Hour or late night business to be approved for a conditional use: 1. That the use will be consistent with Housing Element A-12.3 of the Comprehensive Plan of the City of Delray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Will Section 4.3.3(W)(2)(c) be met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 2 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to conditions set forth in the Staff Report and hereby adopts this Order this 21st day of August, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 3 >-- Q 2 C~ 2 AVE. K ---- ---------- .. a __ J o ------ m J Q ______ ~ -- L~ _ ---------- (..) X r --------"-- ----------- W ~ --`~---- -- _ -----. I ~ 1 1 I I LINpELL ~ BLVD. 3 ' ~+ C~ ' ~~ J V° J Q W V- I i i i / ~ 2 J O m ~.~ N LAST RESORT SALOON ~_ SUBJECT PROPERrY 3205 S. FEDERAL HIGHWAY CITY OF DELRAY BEACH, FL LOCATION MAP PLANNING & ZONING DEPARTMENT - O/G/TAL BASE MAP SYSTEM -- MAP REF: 5:\Planning k Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1028_LAST RESORT SALOON, - --__ - ~ _ _ _ -~ -- - ~y ao o. ~o / . _ --___ --- --._ ~ i ~ ~ ~ ~mn VCi N ' z - =_ - =- = :.n p"Q .. ~ r ~I ~ g ~ 'B' ~~ ~ m z . ~~ - ~~ ~$ ,a~ N ai ° ai I ~ ~ ~ .. 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Ex~s-~in~ ~~~~~{ ~'"r'~'"~S z 3205 SOUTH FEDERAL HIGHWAY .~ L~ ~ ~ DWG: CONCEPTUAL FLOOR PLAN DWG # ~1 SCAIE: 1/8" 1'-0" DRAWN BY:AWA /~ ~ *~ FIELD VERIFY ALL DIMENSIONS ~r oS~ d Jf'_ Ciri~"1 ~~ ~t?~yv~~ VQ'-O" 20'-0" 20'-0" 20'-O" /%T~ ~{MERGEf 13'-0" ~__~ / ~l MEEXIT CY /~ti/ EXIT m~ ~~ xm S Q ~: 0 J ].~~ Z T`a„QD Z r'°V~ ~ ~.~ ~ ~°~` m , 0 ,_o f, ,~ r~ m 0 0 ,8. ~g. -g ~8. _~o ~n `'~FFti C}Q~OO~QQQC~Q __-~ a r ,, --____~- I~ ~,: A a I~ = a X ~ Im o ~ a ,~ o $ -- -.==-=~J z ® A O m ~ ^ O EMERGENCY ~ EXIT . ~ ~ o ~ a ~ym t v -- ~ ~a ~a~~o g~ g~ g~ ~~ O C m 0 A ~ N O ® ~ 20'-O" EMERGENCY EMERGENCY EXIT EXIT - ~ BOCA BATON RESORT~CLLJ~ ~~ d~ L ~sr ~~s~z~ i`1 ~ ,~ ~ p~r~u~~ ~~ -1 o~ ~ ~ ~~~~ s o zoo ~ ~Q~9~~~ "~ ~~' ~~ PLANNING&ZONING ~ ~~ ~~ ~,~ I~ P ~~~~L ~"Z ~,~,~ s ~ l ~f~~j,J~yd~ t ~ ,O, /DPI y'/~ _ Z /~"i'-1 B.~ ~ =--- 7" ~''~~ ..~ ~1~~ ,v ~~~~ ~ ~~ ~~ ~~ ~~~~ f0[ EAST CAM[NO REAL BOCA BATON, PLORI A 33432 T f61.¢47.j000 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT PAPE, AICP, SENIOR PLANNER ~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~Q THROUGH: CITY MANAGER~~~ DATE: AUGUST 14, 2007 SUBJECT: AGENDA ITEM # `1. lV -REGULAR MEETING -AUGUST 21, 2007 CONSIDERATION OF A CONDITIONAL USE EXTENSION REQUEST FOR 5~ AVENUE AT DELRAY LOCATED ON THE EAST SIDE OF NE 5 AVENUE (SOUTHBOUND FEDERAL HIGHWAY), 112 FEET NORTH OF NE 1 AVENUE (131-185 NE 5 AVENUEI. ITEM BEFORE COMMISSION Consideration of a conditional use extension request to increase the building height to a maximum of 60' and to allow an increase above 30 dwelling units per acre (37.30 du/ac) for Stn Avenue at Delray a proposed mixed use development pursuant to LDR Section 2.4.4(F)(1) and (2). Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: ^ A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; ^ The letter must set forth the basis and reason for the extension; ^ The extension shall be considered by the same body which granted the original approval; ^ The extension, if granted, shall be for eighteen (18) months unless otherwise stated. LDR Section 2.4.4(F)(2) "Construction Has Commenced" Pursuant to LDR Section 2.4.4(F)(2), when there are substantial improvements on the site, but the 25% establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation, pursuant to subsection (3), shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. Pursuant to LDR Appendix "A," the definition of construction is: "The building of or substantial improvement to any structure or the clearing, filling, or excavation of any land. When appropriate to the context, "CONSTRUCTION" refers to the act of construction or the result of construction." Given the demolition activity that has occurred, the provisions of Section 2.4.4(F)(2) shall apply to the proposed extension. In considering "diligence and good faith", the granting body shall consider: When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); City Commission Documentation: Meeting of August 21, 2007 5th Avenue at Delray Conditional Use Extension Request ^ The extent to which construction has proceeded; ^ The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. The applicant submitted the following verbatim statement, regarding the delay with the construction of the proposed project, with the extension request. The request was submitted within the required forty-five (45) day time frame prior to the expiration date. "Pursuant to Section 2.4.4(F) of the Land Development Regulations of the City of Delray Beach, Florida ("LDR's'), this letter is submitted on behalf of our client, 5th Avenue at Delray, LLC, as a written request to the City of Delray Beach ("Cify') and its appropriate boards and agencies having jurisdiction for a two (2) year extension for fhe Conditional Use and Site Plan for the project known as 5th Avenue at Delray. These entitlements were granted for the property located at 151 NE 5th Avenue. As a courtesy, and not in limitation of further reasons or evidence to be presented at the appropriate hearings, we would like to enumerate some of the reasons why an extension for each of these two (2) entitlements should be granted. First, the impacts of the past several hurricane seasons, culminating in Hurricane Wilma and its devastation to the local infrastructure, have delayed the execution of this project. Among other things, the scarcity of building resources and professionals in the field has delayed the completion of plans and drawings. Nonetheless, our client has continued to remain diligent in its efforts and has continued to show good faith. Wifh the highly increased construction costs, increased housing costs and slow real estate market, our client is diligently moving forward to develop this project, which can be seen by the following timeline: ^ January 23, 2006 -Submitted for DEP NOl/PPP permit. ^ January 24, 2006 -Submitted for FDOT Drainage permit. ^ January 27, 2006 -Submitted plat application to the City. ^ February 13, 2006 -Asbestos survey completed on all fhe existing structures. ^ March 8, 2006 -Completed asbestos removal of existing structures. ^ March 1 D, 2006 -Submitted demolition and clearing permits to the City. • March 16, 2006 -Submitted site%ivil/landscape permit (#06-104710) and mixed use building permit (#06-104751) to the City. ^ March 20, 2006 -Received demolition and clearing permits from the City. ^ March 28, 2006 -Demolition and site clearing work completed. ^ April 7, 2006 -Submitted fence permit (#06-104246) to add security to the projecf site. ^ May 1, 2006 -Received DEP NOI/PPP permit. ^ May 8, 2006 -Received approved fence permit. ^ May 14, 2006 -Fence installation completed. ^ June 26, 2006 -Filed condominium documents with the State. ^ July 25, 2006 -Plat approved by the City Commission. ^ Sepfember 14, 2006 -Amended condominium documents with the State. ^ November 06, 2006 -Plat was recorded at the County (Plat Book 108 pages 160-161). ^ January 7, 2007 -Site%ivil/landscape permit (#06-104710) was approved. ^ February 16, 2007 -Mixed use building permit (#06-104751) was approved. ^ May 7, 2007- Received FDOT Drainage permit. 2 City Commission Documentation: Meeting of August 21, 2007 5"' Avenue at Delray Conditional Use Extension Request The composite utility plan was revised several times to meet the specifications of utility providers, thus adding to a lengthy process of getting sign-offs from each utility provider. In addition, at least six (6) months were spent analyzing, quantifying, permitting and removing the arsenic affected groundwater beneath fhe site. These activities are well documented with the City Engineering and Utilities Department. Our client has worked hand-in-hand with these departments in order to be able to remove the groundwater and pump it into the City sewer system. Finally, even though the SFWMD dewatering permit was approved with conditions on May 15, 2007, the Phase Ill Water Restrictions have prohibited the dewatering process from commencing. Therefore, for all these reasons, we respectfully request your support of both of these extensions. Our client has continuously acted in good faith to move this project forward." The City has processed multiple extension requests recently for residential and mixed use projects that were approved in the past several years that have not been built primarily due to the down-turn in the market. The City has generally supported extension of approvals for these projects given market forces that are not in the control of the individual developer. The applicant has provided atime-line of the tasks that have been accomplished, with the most recent being a drainage permit from the Florida Department of Transportation on May 7, 2007. Based on the down-turn in the real estate market, it is reasonable to grant the extension of the conditional use approval since this issue is beyond the control of the developer. It is noted that the SPRAB will consider the request for site plan extension if the conditional use extension is granted by the City Commission With respect to the application the following comments are noted: The reference in paragraph two "As a courtesy, and not in limitation of further reasons or evidence to be presented at the appropriate hearings..." is not permissible. Pursuant to LDR Section 2.4.4(F)(1)(c), the code clearly states that a request must include the basis and reason for the extension. Consequently, the admission of further reasons and evidence at the City Commission meeting could be considered grounds for postponement of the extension request until such time that proper processing is adhered to. The basis for the extension due to Hurricane Wilma is suspect since the local infrastructure such as water, sewer, roads, etc. were not affected to the point that would cause a disruption to the development timeline of this project. Further the scarcity of building resources and professionals does not appear to provide adequate justification in a region that has recently experienced rapid growth and now purportedly has an abundance of professionals in the construction industry. Notwithstanding these comments, the project has been approved under the design guidelines and there would appear to be no negative impacts to approving the extension. However, this extension should be conditioned that the applicant has the site's slopes stabilized, the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. Based upon the above, the extension request would be valid through November 1, 2009 as requested by the applicant. BACKGROUND The property consists of Lots 2-8 and a subdivision and contains 1.26 acres. constructed between 1937 and 1986, conditional use and site plan approvals. portion of Lot 9, Block 107 Town of Delray Beach The property contained six structures that were which have been demolished subsequent to the 3 City Commission Documentation: Meeting of August 21, 2007 5th Avenue at Delray Conditional Use Extension Request The development involves the construction of a mixed use project that contains 47 condominium dwelling units, 3,952 square feet of retail floor area, and 5,874 square feet of office floor area. The structure is a 5-story building with a two level parking facility containing 132 spaces. At its meeting of November 1, 2005, the City Commission approved the conditional use associated with the proposed development to increase the height and density. At its meeting of February 22, 2006, the Site Plan Review and Appearance Board approved the Class V site plan application for the project. It is noted that the development proposal was developed and approved utilizing the Downtown Design Guidelines. Additional background information and full analysis of the proposal can be found in the attached Planning and Zoning Board staff report, dated September 19, 2005. RECOMMENDATION Move approval of the request for an extension of the Conditional Use approval for 5th Avenue at Delray, allowing a building height of 57' and a residential density of 37.30 dwelling units per acre by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations, with said approval to be valid until May 1, 2009, subject to the following condition: 1. That the applicant has the site's slopes stabilized, the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. Attachments: ^ Location Map ^ Extension Request Letter from Jason Mankoff dated July 13, 2007 ^ Planning and Zoning Board Staff Report Dated September 19, 2005 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO 5~' AVENUE AT DELRAY FOR HEIGHT AND DENSITY (THE EXTENSION REQUEST) ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on August 21, 2007. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the 5~' Avenue Development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(2). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes _ No , 5. In making a determination under LDR Section 2.4.4(F)(2) the Commission shall consider the following regarding the diligence and good faith of the Developer: When the construction commenced; The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Has the Developer shown diligence and good faith to commence and complete construction of the 5th Avenue Development Project? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves denies the conditional use extension request to allow the previous conditional use approval to be valid until May 1, 2009. The City Commission hereby adopts this Order this 21St day of August, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 N.E. 4TH ST. a ,,; a r r 3 3 _ _ J J Q Q 0! 0_ ~ ~ W W Z ~ ~ N W W _J 2 4 F- ~ W ST. N.E. 3RD t,.i z z vi ~ ~ o z a z N N.E. 2ND ST. } ® = C a ~ 3 ~ ~ O Q > Z Z ~ ~ ~ ~ ~ < O O J Q m 17] N. t a ~ F- F- a ~ ~ w ti O O ? 4i to Z o_ tL CT ~Z~ ~J~W ~ W A T L A N T I C A V E N U E 7~~ ~ ~~~~ N 5TH AVENUE AT DELRAY ~~ SUBJECT PROPERTY 131-185 NE 5TH AVENUE CITY OF DELRAY BEACH, FL LOCATION MAP PLANNING do ZONING DEPARTMENT -- D/G/TAL &9S£ MAP SYSTEM -- MAP REF: S:\Planning kZoning\DBMSMile-Cab\Z-LM 1001-1500\LM 1035_5th Avenue at Delray WElNER & ARONSON, P.A. ATTORNEYS AT LAW ~~~E~~JED The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoffa~zonelaw.com MICHAEL S. WEINER CAROLE J. ARONSON July 13, 2007 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 104 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Request for Extension for 5~' Avenue at Delray Our File No.: CARV033 Dear Paul: JASON S. MANKOFF KERRY D. SAt=1ER SHAYNA M. REITMAN ~a Hand Delivery Pursuant to Section 2.4.4(F) of the Land Development Regulations of the City of Delray Beach, Florida ("LDR's"), this letter is submitted on behalf of our client, 5th Avenue at Delray, LLC, as a written request to the City of Delray Beach ("City") and its appropriate boards and agencies having jurisdiction for a two (2) year extension for the Conditional Use and Site Plan for the project known as 5th Avenue at Delray. These entitlements were granted far the property located at 151 NE 5t" Avenue. As a courtesy, and not in limitation of further reasons or evidence to be presented at the appropriate hearings, we would like to enumerate some of the reasons why an extension for each of these two (2) entitlements should be granted. First, the impacts of the past several hurricane seasons, culminating in Hurricane Wilma and its devastation to the local infrastructure, have delayed the execution of this project. Among other things, the scarcity of building resources and professionals in the field has delayed the completion of plans and drawings. Nonetheless, our client has continued to remain diligent in its efforts and has continued to show good faith. With the highly increased construction costs, increased housing costs and slow real estate market, our clien# is diligently moving forward to develop this project, which can be seen by the following timeline: - January 23, 2006 -Submitted for DEP NOI/PPP permit. 0:1CARV0331Letter to Paul Dorling re Extension Request.Juiy 13. 2007.DQC Mr. Paul Dorling July 13, 2007 Page 2 of 3 - January 24, 2006 -Submitted for FDOT Drainage permit. - January 27, 2006 -Submitted plat application #o the City. - February 13, 2006 -Asbestos survey completed on all the existing structures. - March 8, 2006 -Completed asbestos removal of existing structures. - March 10, 2006 -Submitted demolition and clearing permits to the City. - March 16, 2006 -Submitted site%ivil/landscape permit (#06-104710) and mixed use building permit (#06-104751) to the City. - March 20, 2006 -Received demolition and clearing permits from the City. - March 28, 2006 -Demolition and site clearing work completed. - April 7, 2006 -Submitted fence permit (#06-104246} to add security to the project site. - May 1, 2006 -Received DEP NOI/PPP permit. - May 8, 2006 -Received approved fence permit. - May 14, 2006 -Fence installation completed. - June 26, 2006 -Filed condominium documents with the State. - July 25, 2006 -Plat approved by the City Commission. - September 14, 2006 -Amended condominium documents with the State. - November 06, 2006 -Plat was recorded at the County (Plat Book 108 pages 160-161). - January 7, 2007 - Sitelcivil/landscape permit (#06-104710) was approved. - February 16, 2007 -Mixed use building permit (#06-104751) was approved. - May 7, 2007 -Received FDOT Drainage permit. The composite utility plan was revised several times to meet the specifications of utility providers, #hus adding to a lengthy process of getting sign-offs from each utility provider. to addition, at least six (6) months were spent analyzing, quantifying, permitting and removing the arsenic affected groundwater beneath the site. These activities are well documented with the City Engineering and Utilities Department. Our client has worked hand-in-hand with these departments in order to be able to remove 0:1CARV03311_etter to Raul Dorling re Extension Request.July 13.2007.DOC Mr. Paul Dorling July 13, 2007 Page 3 of 3 the groundwater and pump it into the City sewer system. Finally, even though the SFWMD dewatering permit was approved with conditions on May 15, 2007, the Phase III Water Restrictions have prohibited the dewatering process from commencing. Therefore, for all these reasons, we respectfully request your support of both of these extensions. Our client has continuously acted in good faith to move this project forward. Enclosed please find a fee in the amount of Five Hundred Eighty Dollars ($580.00) made payable to the City of Delray Beach. Please let us know all respective dates that these extension requests will be heard and before which boards. Thank you very much for your consideration of the foregoing. Very koff Mr. Gustavo Larrazabal (w/enclosure) Michael S. Weiner, Esquire (w/o enclosure) Ms. Ashlee L. Vargo (w/o enclosure) 0:1CARV03311_etter to Paul Dorling re Extension Request.July 13.2007.DOC PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner ......................... September 19, 2005 IV.A. Conditional Use Request for 5~' Avenue at Delray to Allow an Increase in Building Height to Exceed 48' (57' Proposed) and increase the residential density above 30 dwelling units per acre (37.30 du/ac pro~osed) for a Proposed Mixed Use Development on the east side of NE 5t Avenue (southbound Federa( Highway), 112' north of NE 1St Street (131-185 NE 5t" Avenue): 5~' Avenue at Delray, LLC Agent ......................... Weiner & Aronson, P.A. Location .......................... East side of NE 5th Avenue (southbound Federal Highway), 112' north of NE 1~` Street (131-185 NE 5~' Avenue). Property Size .................. 1.26 acres Future Land Use Map..... Commercial Core Current Zoning ............... CBD (Central Business District} Adjacent Zoning....North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use.......... Arnst Automotive Repair, Office, and Residential Proposed Land Use........ Conditional Use Request for a Proposed Mixed Use Project Known as 5'h Avenue at Delray to Allow an Increase in Building Height to Exceed 48' for (57' Proposed) and residential density increase above 30 dwelling units per acre (37.30 du/ac) .Vater Service ................. Existing on site Sewer Service ................ Existing on site. i` ° N.E. 3RD ST. 0 N.E. 2ND ®T. > _ < o m m ~ ~ 0 N Z N.E. 1Si ST. x 0 0 Z r r x v, > > ~Z A T L A N T I C A V E N U E ~~ S.E. I Si ST. FIDELITY FEDERAL BANX S E 2N0 SL 1\/ A ,,, ~ *~ ~ ~. ~, Y_ ~ x I~Ef1A BEFORE T`HE B~~ R x~ ~ mgt T ` ;• ~;, The action before the Board is making a recommendation to the City Commission on the conditional use request for 5th Avenue at De{ray to allow an increase to a maximum height of 60' [LDR Section 4.3.4(J)(4)(b)] and to allow an increase above 30 dwelling units per acre [LDR Section 4.4.13(D)(14)] (37.30 du/ac proposed), pursuant to LDR Section 2.4.5(E). The property is located on the east side of NE 5th Avenue (southbound Federal Highway), 112' north of NE 1St Street (131-185 NE 5th Avenue). ~~~ QU[~~P~4JECT D~~. RIRTION~~`~ ~~~~~ The property consists of Lots 2-8 and a portion of Lot 9, Block 107 Town of Delray Beach subdivision and contains 1.26 acres. The property contains six structures that were constructed between 1937 and 1986. A development proposal has been received which involves the demolition of the existing structures and construction of a mixed use project that contains 47 condominium dwelling units, 3,952 square feet of retail floor area, and 5,874 square feet of office floor area. The structure is a 5-story building with a two level parking facility containing 132 spaces, located behind the commercial uses along Federal Highway and underneath the dwelling units. The recreational facilities consist of a clubhouse and pool on the third story adjacent to Federal Highway. The proposed building is 57' high. Therefore, the applicant has submitted a conditional use application to increase the building height from 48' to 57' in accordance with LDR Section 4.3.4(J)(4)(b). In addition, the density of the project is proposed at 37.30 dwelling units per acre. Consequently, a conditions{ use .application has been submitted to exceed 30 dwelling units per acre per LDR Section 4.4.13(D)(14). These conditional use applications are now before the Board for consideration. The conditional use application includes a waiver request to the following sections of the City's Land Development Regulations: LDR Section 4.6.18(B)(14)(v)(1), which required a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' along a building's street frontage and a minimum spacing between the same architectural compositions shalt be 300'. 2. LDR Section 4.6.9(D)(3)(c)(1), which requires a stacking distance of 50' for parking lots-that have 51 or more parking spaces. 3. LDR Section 4.6.14(A)(1), which requires a 20' visibility triangle at the intersection of the driveways and the alley. Planning and Zoning Board Staff Report 5~h Avenue at Delray -Conditional Use Request Page 2 4. LDR Section 4.6.18(B)(14)(iv)(2), which requires a minimum transparency or glass surface area on the ground floor watt area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. .. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDR's as noted below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD (Central Business District). The CBD zoning district is consistent with the (CC} Future Land Use Map designation. Pursuant to LDR Section 4.4.13(8)(14), multi-family dwelling units, excluding duplexes, at a density greater than 30 dwelling units per acre, on property located south of NE 2"d Street and north of SE 2nd Street are allowed as a conditional use subject to LDR Section 4.4.13(I)[Performance Standards]. Pursuant to LDR Section 4.3.4(J)(4)(b)(i}(6) & (9), increases in height to 60' are allowed for the subject property as a conditional use subject to criteria identified under LDR Section 4.3.4(J)(4)(b)(ii) & (iii). Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service will be provided via extension of lateral connection from an existing 4"/8" main within the alley along the east side of the property. It is noted that the 4" portion of the main must be upgraded to an 8" main, and will be reviewed as part of the site plan process. An 8" water main will need to be extended to the east side of NE 5~h Avenue and a fire hydrant installed to provide adequate fire suppression and this is attached as a condition of approval. Sewer service will be provided via a lateral connection from an existing 8" sewer main within the alley. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the Planning and Zoning Board Staff Report 5t" Avenue at Delray -Conditional Use Request Page 3 City at build-out. Based upon the above, positive findings can. be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via roof tie-in to an exfiltration trench. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic study has been submitted that indicates the proposed development will generate 101 peak p.m. vehicle trips onto the surrounding roadway network. It is noted that the traffic study does not take credit for the traffic generation of the existing residential and commercial uses of the property, which will reduce the traffic generation associated with the proposed development. A condition of approval is attached that the traffic study be revised to reflect the credit for the existing uses. There is adequate capacity on the surrounding roadway network to accommodate the additional trips. It is noted that according to the Palm Beach County Traffic Performance Standards Ordinance, residential developments east of I-95 are exempt from meeting concurrency. Furthermore, the property is located in the City's Traffic concurrency Exemption Area. Thus, the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee of $23,500.00 will be required of this development. Solid Waste: Trash generated each year by the 47 dwelling units is 24.44 tons; 20.15 tons for the 3,952 square feet of retail floor area; and, 15.86 tons for the 5,874 square feet of office area. The combined total of the proposed mixed use project is 60.45 tons per year. This increase can be accommodated by existing facilities and thus, will not be significant with respect to this level of service standard. Schools: The School District of Palm Beach County has submitted a notice of concurrency for the proposed development. Therefore, a positive finding can be made with respect to school concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application are noted: Planning and Zoning Board Staff Report 5'" Avenue at Delray -Conditional Use Request Page 4 Future Land Use Element Objective A-1: Property shalt be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the mixed-use development. The project has been designed utilizing the recently adopted Downtown Design Guidelines. The proposed development either meets or exceeds the setback requirements of these guidelines. As will be discussed later in this report, the proposed development is consistent with the criteria to grant increases to height and density. The proposed 5-story mixed use development (37.30 dulac} is more intense than the 3-story Hamilton Place and Porta AI Mare developments on the east side of the alley, which have a density of 27 du/ac and 27.21 du/ac respectively. With respect to being complimentary to adjacent uses, the proposed mixed use development will provide additional residents in the downtown area, which will support the businesses in this area and improve the sustainability during economic downturns. Further, the commercial businesses of the project will provide additional shopping opportunities within the downtown. As noted in the background section of this report, there several existing houses on the subject property that are contributing buildings. Steps should be taken by the applicant to ensure that these structures are relocated elsewhere in the City. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed increases to height and density will not have a significant impact on the new multiple family projects to the east or the commercial uses to the north, south and west. The proposed development is located in the center of the City's commercial downtown area. The traffic impacts associated with the development will not have a detrimental affect on any residential neighborhoods. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Pursuant to LDR Section 4.3.4(K), the maximum height of structures in the CBD zoning district is 48'. Pursuant to LDR Section 4.3.4(J)(1), height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof or to the mean Planning and Zoning Board Staff Report 5~' Avenue at Delray -Conditional Use Request Page 5 level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining one street, the grade is established as the average of the mean elevation of the crown along the lot frontage. Based on the mean elevation of Federal Highway and NE 3`d Street the proposed building is approximately 57' high_ Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(6) & (9), an increase to a maximum height of 60' may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District) and between the Federal Highway one-way pairs. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situations: (1} An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; The increase in height is requested to accommodate residential uses on the top floor of the structure, thereby meeting this requirement. (iii)That the increase in height is based on or will result in two, or more, of the following: (1) That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5(a) and (d); The development proposal does not include a workforce housing component. Therefore, the increase in height cannot be based on the provision of workforce housing. (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; The first floor area of the parking area covers 25,320 square feet and total floor area of the building (including parking area) is 41,799 square feet. The percentage of parking to ground floor area is 60.57%. Consequently, the proposed development complies with this requirement. (3)That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established fora 48' tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, Planning and Zoning Board Staff Report 5~' Avenue at Delray -Conditional Use Request Page 6 buildings in the CBD zone shalt adhere to the setback requirements of that district. The following table identifies the setbacks of the CBD (Central Business District) for that portion of the building that extends above 48': The proposed 57'-high building would be required to provide an additional 18' setback from each property line if the 2' rule were applied. As noted in the table above, the proposed building does not provide the additions! 19' setback from all property lines. Therefore, the increase in height cannot be based on compliance with this requirement. However, that portion of the building above 48' meets or exceeds the minimum setback requirements of the Downtown Design Guidelines for the CBD zoning district. Therefore, the proposed increase in building height can be based on a positive finding with LDR Section 4.3.4(J)(4}(b}(iii)(3) given the adherence to the setback requirements of the CBD. (4) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). The proposed total building frontage is 428' 8" and the nonresidential frontage is 401.6' (93.7%). Therefore, the proposed building is consistent with this criteria. PERFORMANCE STANDARDS FOR DENSITY INCREASE• LDR Section 4.4.13(1) -Performance Standards- These standards shalt apply to all applications for new development and. modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of LDR Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. Planning and Zoning Board Staff Report 5~' Avenue at Delray -Conditional Use Request Page 7 The residential component of the proposed development consists of 47 dwelling units on a 1.26 acre parcel of land, which results in a density of 37.30 dwelling units per acre. The development is located in the CBD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(1) is provided below. (2) The applicable performance standards for development under this section are as follows: (a} The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. to structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. Starting at the second floor, the proposed building provides significant setbacks and plane changes. The second and third floors are step back from the first floor and the further step backs are provided for the fourth and frfth floor. The window sizes are varied together with the window treatments such as muntins and transoms. The balcony doors appear to be French doors. The use of the French doors would enhance the aesthetic appeal of the building. This provision is attached as a condition of approval. The roof line is varied in terms of height and treatment. There are three curved roof features with decorative brackets and standing metal seam. The parapets are staggered in height and architectural treatment. Some of the parapets have a decorative parapet cap, some are plain, and four of the projects have cut-outs. The building design also incorporates unique spiral staircases from the balconies, which provide access to rooftop sundecks. Based upon the above, this performance standard has been achieved. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc. Planning and Zoning Board Staff Report 5~' Avenue at Delray -Conditional Use Request Page 8 The parking garage associated with the development is located behind the commercial businesses that front on Federal Highway. Therefore, this performance standard has been met. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal will provide a mix of two, three and four bedroom dwelling units with eight different floor plans. There are 16two-bedroom dwelling units ranging in size between 1,491 .and 1,560 square feet, 29 three-bedroom dwelling units ranging in size between 1,503 and 2,254 square feet, and 2 four- bedroom dwelling units with 2,327 square feet. It is noted that three of the dwelling units are two-story units. Based. upon the above, the intent of this performance standard has been achieved. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water feature/fountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. The development proposal includes paver block sidewalks that connect to the public sidewalk. Additionally, the proposal includes benches within these paver block sidewalks. Based on the above, the intent of this performance standard has been achieved. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas andlor amenities. The development proposal provides a swimming pool, storage Lockers, exercise room, business center and covered parking. The proposal also includes sun decks on the roof that are accessed from a spiral staircase. Based upon the above, the intent of this performance standard has been achieved. Planning and Zoning Board Staff Report 5'h Avenue at Delray -Conditional Use Request Page 9 (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with. the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The development proposal provides a safe and efficient pedestrian connection between the building and the public sidewalk. The access to the parking garage is from the alley, which eliminates the conflict with the vehicular flow along Federal Highway. The applicant should contribute the cost associated with the street improvements for beautification of Federal Highway, which is currently under consideration. These improvements include construction of parallel parking spaces, landscape nodes and street lighting (if necessary). The applicant should contact the City Engineer to obtain an estimate per linear front foot. In order to comply with this performance standard a condition of approval is attached that the applicant contributes the cost associated with these improvements. The City wculd then be responsible for installing these improvements when these are approved. Based on the above and subject to the attached conditions of approval being addressed, this performance standard will be achieved. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development proposal requires 114 parking spaces and 132 parking spaces have been provided within the parking garage (18 total surplus). Furthermore, the contribution for Federal Highway Beautification will cover the cost to install the parallel parking spaces within Federal Highway providing additional parking opportunities available to the public. Based on the above and subject to the attached conditions of approval being addressed, this performance standard will be achieved. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, NE 1St Street or SE 1St Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. Since the project is located on NE 5th Avenue (Federal Highway), this performance standard does not apply. It is noted that the proposed development provides 55% of window display/entrances and a waiver to a similar requirement in the design guidelines is being sought. Planning and Zoning Board Staff Report 5~h Avenue at Delray -Conditional Use Request Page 10 If approved as conditioned, the proposed development will with comply the seven applicable performance standards contained in LDR Section 4.4.13(1). Given this level of achievement with the performance standards, it is appropriate to grant the requested increase in density. LDR SECTION 2.4.5(E) -REQUIRED FINDINGS• Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on all sides by the CBD (Central Business District) zoning district. The adjacent land uses include: to the north a private parking lot; to the south by a flooring company; to the east are multiple family developments (Hamilton Place & Porta AI Mare}; and various office uses to the west {across Federal Highway). Some of the most recent multiple family developments in the area include the Hamilton Place (27 du/ac); Portal AI Mare (27.21 du/ac); and, Cityscape (30 du/ac}. The 5th Avenue at Delray project has a proposed density of 37.30 dwelling units per acre. It seems .evident that the increasing densities within the downtown have not hindered development. It is reasonable to infer that the proposed development will not have a negative affect on the development of nearby properties. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional request to increase the building height to a maximum of 60' (57' proposed) and the density increase to 37.30 dwelling units per acre. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff s review of the sketch plan and site inspections, the following analysis is provided. Building Setbacks: The following table indicates that the proposal complies with LDR Section 4.4.13(F)(3)[Table 4.4.13-2] as it pertains to the Central Business District (CBD) zone district: Planning and Zoning Board Staff Report 5'h Avenue at Delray -Conditional Use Request Page 11 f.~~~~~ ~ ~'~~, ~~~ y° s ~ ;.. an ar - rove e ~ . : _ ~ ~ ~~~ ~~~~'' ~ 70%l90% 10' min ~ ~ ° , ~:;. Finished grade to .~ _. ~:~' ` 25' Remaining 22' min Over 22' 2" ~''~ ~`' ~, len th ~~SE' 70% max 10' min 51 ~ N~, 25' to 37' ~+ ~n 6 ~ ,~ Remaining 2T min Over 41' 8" ~~ ~j ~i ~a .. ~ len th ~ -~ ~ 50% max 34' min 46% `' ~ti~ ~~- 37' and above ~~ ~,, ;: ~,~~ ;, , ` Remaining 39' min Over 51' 2" ~:r~~ ,.. , length Parking Requirements: Pursuant to LDR Section 4.6.9(C)(8)[shared parking calculation], the required parking for the 3,952 square feet of general commercial floor area; 5,874 square feet of office floor area; and the 47 residential units is 114 parking spaces. The development proposal exceeds the parking requirements-with 132 parking spaces. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K)[Minimum residential floor area]: --- Standard " Provided: <, ~.?~B~ed~oom Units 900 s . ft. 1,491 s . ft. ~~roofri°:Units~° 1,250 s . ft. 1,560 s . ft. ~'4'Bedroom~ Units 1,500 sq. ft. 2,327 sq. ft. Lighting: A photometric plan has been submitted for the parking area and the wall mounted light fixtures on the east and west sides of the building. The photometric plan indicates that the wall mounted fixtures comply with respect to the City's illumination standards. However, the interior garage lighting is excessive at the driveways along the alley. This illumination will spill into the public alley and have the potential for spilling glare on the adjacent residential property to the east. A condition of approval is attached that the lighting levels be reduced in these areas and shielded to eliminate glare on adjacent properties and the alley. Planning and Zoning Board Staff Report 5~' Avenue at Delray -Conditional Use Request Page 12 Maneuvering Area: Pursuant to LDR Section 4.6.9(D)(4)(c), dead-end parking bays are discouraged, but when site conditions dictate that there be dead-end parking bays, they shall be designed so that there is a 6' by 24' maneuvering area at the end of the bay. These maneuvering areas have not been provided at the north and south ends of the parking tier on the lower level of the parking facility. A condition of approval is attached that required maneuvering areas be provided with the site plan submittal. Furthermore, the end parking spaces need to be striped-out in order to provide adequate tum around maneuvering. It is noted that these changes will require redesign of the parking area on this level and may result in a loss of parking spaces. Right-of--Way Dedication: Pursuant to LDR Section 5.3.1(D)(2), the required alley width is 20' or the existing dominant width. The existing alley adjacent on the east side of the subject property is 16' wide. In order to provide adequate maneuvering area within this alley a dedication of 2' will be required and wi(I be addressed during the site plan process. Architectural Changes: Pursuant to LDR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. The proposed elevations fronting on Federal Highway do not provide the minimum spacing between the same architectural compositions. The applicant has requested a waiver to the variation requirements. Waiver Analysis: Pursuant to LDR Section 2.4.7(6)(5), prior to granting_ a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has submitted a justification narrative that states: "..Although the plans provide change in roof design, doors and window rhythm and articulation, the disfance between this changes less thaf 300' The building has been Planning and Zoning Board Staff Report 5`n Avenue at Delray -Conditional Use Request Page 13 carefully designed to respond to the context as well to its interior layout. Because of the building length, there are two elevator lobby entrances along the Federal Highways. The layout of the individual residential units revolves around these lobbies, and courtyards have been provided between residential units. Finally, the pool and recreational area is located in the center of the structures, to further break up the massing. This symmetrical location of the recreational area makes it accessible fo a!I units. The "changes in roof design, door and window rhythm and articulation" respond to the location of the courtyards, the recreational area, the elevator lobbies, and, in general, to the general internal organization of the building, which is not a set number of 300: However, we believe that the intent of Section 4.6.18(B)(14)(v)(1) has been met, because the proposed building is not a monotonous looking structure, and there is sufficient architectural interest, including changes in roof design, door and window rhythm and articulation, and furthermore, These changes are spaced adequately along the front fagade." The purpose of the variation requirements is to restrict a monotonous architectural presentation. It is noted that the proposed building greatly exceeds the setbacks of the upper floors. This design provides an aesthetically pleasing building. These requirements are part of the recently adopted Downtown Design Guidelines and are now being applied to new development in the CBD zoned area of the City. While the intent of these requirements will prevent monotonous architectural design, consideration should be given to building designs that have a superior appearance which will be an asset to the City. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5), Waiver Findings can be made. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between aright-of- way and the first parking space or aisle way in a parking lot that has 51 or more parking spaces shall be 50'. The proposed stacking distance from the alley is 27'. The applicant has requested a waiver to the stacking requirements. Waiver Analysis: The applicant has submitted a justification narrative that states: "...Because of the urban nature of the project, (here is not enough space available for the 50' stacking requirement. However, the driveways are located off the alley, where minimum travel speeds occur, and traffic volume is limited to visitors and residents of That particular city block." The parking garage provides two driveways to the public alley, which reduces the impact on the stacking. Furthermore, the speeds and traffic volumes along the alley are less than a public street. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5), Waiver Findings can be made. Planning and Zoning Board Staff Report 5`h Avenue at Delray -Conditional Use Request Page 14 Visibility Triangles: Pursuant to LDR Section 4.6.14(A)(1), a 20' visibility triangle is required at the intersection of the garage driveways and the alley. The parking garage wall encroaches into the required visibility triangles. The applicant has requested a waiver to the visibility requirements. Waiver Analysis: The applicant has submitted a justification narrative that states: "...Once again, because of the "urban infill" nature of the project, visibility triangles are deduced or partially obstructed by the building. However, the driveways are located off the alley, where traffic volume is limited and traffic speeds are very low." The City has approved similar waivers of the sight visibility triangles for other projects. The proposed development provides approximately 10' visibility triangles. Given the lower traffic volumes and speeds along an alley, these sight lines should be sufficient in terms of safety. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Window Design: Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. The development proposal provides transparency levels 55%. The applicant has requested a waiver to this design requirement. Waiver Analysis: The applicant has submitted a justification narrative that states: "...However, providing 75% of glass surface for the first floor make the elevation look a lot more modem, and it will give the project an entirely different look. The window openings, which are 55% of the first floor wall surface, provide for sufficient visual impact of the commercial space. In other words, there are sufficient windows for pedestrians and automobile traffic to see into the commercial spaces. However, the windows are broken up with columns, to create a particular rhythm along the facade. Increasing the glass surface to 75% will force us fo provide longer surfaces of continuous glass, changing the traditional character of the project. We would also be force to eliminate the kick plates under the window, a traditional design element that gives the project and elegant appearance. Together wifh this waiver, we respectfully request to the Planning and Zoning Department to reconsider this recently requirement to the LDR's. We believe a 50% glass surface requirement will give more freedom to the designers to create Traditional designs while still maintaining sufficient openness of the commercial spaces." Planning and Zoning Board Staff Report 5~' Avenue at Delray -Conditional Use Request Page 15 The purpose of this requirement is to provide a pedestrian friendly shopping environment that draws people from one building to the next and eliminates the "dead" spaces along commercial area. It is noted that the proposed development is located one block north of Atlantic Avenue along Federal Highway. This area will likely experience much fewer window shoppers than along Atlantic Avenue. Furthermore, the architectural expression of the building is unique and appealing to the public. The uses that occupy this building will probably experience much more of their business from destination patrons than the incidental stroller along Atlantic Avenue. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5}, Waiver Findings can be made. _,,,. . , ~" .. __ _ ~ r,. _, _......,. ~~ .w :;~._ ._ ~.~ .. m ._ .. .~ r~ ~- Community Redevelopment Agency (CRA): At its meeting of August 11, 2005, the CRA reviewed the conditional use request and recommended approval. Downtown Develo menf Authorit At its meeting of August 8, 2005, the DDA reviewed the conditional use and recommended approval. Sife Plan Review and Appearance Board: If the Conditional Use requests are approved, a site plan application will be processed for the development proposal, with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Progressive Residents of Delray (PROD) - President's Council - Delray Beach Chamber of Commerce - Country Club Acres - Marina Historic District - Beach Properties Owners - Hamlet Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. The City has received a letter in opposition to the increase in height. Planning and Zoning Board Staff Report 5~' Avenue at Delray -Conditional Use Request Page 16 Any additional letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ~~~ - ASSESSMENT'AND~:CONC~US~ON~~~~ :5~~..pG = - The proposed conditional use is to allow an increase of the building height in excess of 48' (57' proposed). The increase in height is in part due to the applicants provision of setbacks over those required for the front, which results in the reduction of the massing of the building. The architectural design is very unique and should be an asset to the community. It is noted that several waivers are requested to the newly adopted Downtown Design Guidelines. These waivers can be supported given the appealing architectural product that will be provided. With redevelopment of the site, it is noted that there are several existing buildings on the property that should be saved and relocated as they are a valuable resource to the City. As described in this staff report, the request for additional height meets the criteria established in 4.3.4(J)(4)(b). The increase in density can be supported since the proposed development complies with all of the applicable performance standards. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties regarding the requested increase in building height and density. °' ~ 1 r ~ ~ `~ ALTERNATIVE ACTIONS ~ ~ ~ x~ ~` ~ ` A. Continue with direction. B. Move a recommendation of approval to the City Commission for the conditional use requests to allow for a building height in excess of 48' (57' proposed) and density increase to 37.30 dwelling units per acre and waivers for 5th Avenue at Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b), 4.4.13(I)[Performance Standards], 2.4.7(8)(5) and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the conditional use requests for a building height in excess of 48' (57' proposed), and density increase to 37.30 dwelling units per acre and waivers for 5th Avenue at Defray, by adopting the findings of fact and law contained in the staff report, and find that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b), 4.4.13(I)[Performance Standards], 2.4.7(8)(5) and Chapter 3 of the Land Development Regulations. Planning and Zoning Board Staff Report 5th Avenue at Delray -Conditional Use Request Page 17 4u,r'~'' .r _~ ~~~ ~ ~~ REC(~~NfEf~D~D~i~iG _~` r. ~. .~~ . ~~~~:,-~' By Separate Motion: Waivers: 1. Recommend approval of a waiver to LDR Section 4.6.18(B)(14)(v)(1), which requires a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' along a building's street frontage and a minimum spacing between the same architectural compositions of 300', subject to positive finding with respect to LDR Section 2.4.7(6)(5}. 2. Recommend approval of a waiver to LDR Section 4.6.9(D}(3)(c)(1), which requires a stacking distance of 50' for parking lots that have 51 or more parking spaces, subject to positive finding with respect to LDR Section 2.4.7(8)(5). 3. Recommend approval of a waiver to LDR Section 4.6.14(A)(1), to reduce the 20' visibility triangle to a minimum of 10' at the intersection of the driveways and the alley, subject to positive finding with respect to LDR Section 2.4.7(6}(5). 4. Recommend approval of a waiver to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency or glass surface area from 75% to 55%, subject to positive finding with respect to LDR Section 2.4.7(6)(5). Conditional Use: Move a recommendation of approval to the City Commission for the conditional use request to allow for a building height in excess of 48' (57' proposed) and density increase to 37.30 dwelling units per acre for 5th Avenue at Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b}, 4.4.13(1}[Performance Standards] and Chapter 3 of the Land Development Regulations, subject to the following conditions: That necessary extension and upgrading of utilities be provided as part of the site plan process. 2. That the lighting levels be reduced along the east side of the building and shielded to eliminate glare on adjacent properties and the alley. 3. That the balcony doors be French doors. 4. That the applicant contributes the cost associated with the installation of parallel parking spaces, landscaping and street lighting along Federal Highway (Federal Highway Beautification project}. 5. That the traffic study be revised to reflect the credit for the existing uses. Planning and Zoning Board Staff Report 5m Avenue at Delray -Conditional Use Request Page 18 6. That required maneuvering areas at the north and south ends of the lower parking level be provided and that the end parking spaces be striped-out. Attachments: • Conceptual Plans • Location Map Report prepared by: Scott D. Pape. 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F3 ~ ~'~ j~ `' - AYU13U 1Y :'~i~i ~ ~ ~i~y~ - Q 3fIN3AY WS tit.:: t aidd ir.. _.-_-._--_-.-.. _. !r.-_--_.-_-. _--_-. _. ll.-_.-_... ---. --.. _ _. i j.. __._..--._ _. _..-.. fir---------~----.. 1~.--.. __ __.-_-.-._-. __. rr_- - Z G N CQ ~ j!~ ~ LB9ff VplaOlj 'H~tl38 AViil3o : ~+• ~` ~ Z . _ ~ QY 1 ~~,~ _ AVH7301Y +-~C ~ W I E~ Q 3f11i3AY 4SS ~E~,.. `~ F ~: S f_._.. fir..-___------ (i-_--_..---.-_. (r---~------- Z O- G in s C ! ~E~1 f9tff YOILOIi 'FYJV39 AVi1l3Q : ~~'; ; z F ~ x~ ~ N d0 j 1f o t ~a~E a ~ - isi~~~~ Araiao ltl ~ ~~~ Y ~ ff ~ Q Y ~ 3rui3nr vas : ~@;i,: ~ ~' ~ ~: sF z- o- G ~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: REBECCA S. O'CONNOR, TREASURER THROUGH: CITY MANAGER ~~~ DATE: AUGUST 15, 2007 C~ SUBJECT: AGENDA ITEM # I~ C - R~ 2007 UTILITY TAX BOND ISSUE ITEM BEFORE COMMISSION Approve Resolution# 21-07 authorizing the sale of City of Delray Beach Utility Tax Revenue Bonds, Series 2007 in the principal amount of not to exceed $27,000,000. BACKGROUND In a prior Commission meeting, capital improvements projects were approved totaling approximately $25,000,000 (see attached schedule) with the funding to come from the issuance of utility tax bonds. Resolution # 21-07 authorizes the issuance of not to exceed $27,000,000 in bonds and sets forth the terms and details. A "not to exceed" amount of $27,000,000 will provide for $25,000,000 in construction proceeds, issuance costs, and also allows the bonds to be sold at a premium or discount to assist in the marketing of the bonds. The exact sizing of the bond issue will occur on the date of sale. FUNDING SOURCE N/A RECOMII~NDATION Recommend approving Resolution # 21-07 authorizing the sale of Delray Beach Utility Tax Revenue Bonds. CITY OF DELRAY BEACH PROPOSED UTILITY TAX BOND ISSUE July 25, 2007 Original Other Current Current Funding Budget Sources Funding Requirement Needed General Obligation Bond wnd (380): Neighborhood Park-Land 3,375,000 - 3,375,000 1,834,750 (1,540,250) Neighborhood Park -Construction 900,000 200,000 1,100,000 1,280,000 180,000 Soccer Complex 2,725,000 2,725,000 2,800,000 75,000 Bexley Park 500,000 200,000 700,000 700,000 - Boy Scout Hut Park 350,000 200,000 550,000 696,811 146,811 Lake Ida Park 425,000 300,000 725,000 911,630 186,630 Cornell Park 150,000 - 150,000 269,200 119,200 Pompey Paiic/Comm Ctr Connection 300,000 - 300.000 ~,~ - Beach Park Improvements 75,000 - 75,000 67,000 (8,000) Other Park Improvements 200,000 - 200,000 177,870 (22,130) Western Community Center -Land 800,000 3,000,000 3,800,000 3,940,000 140,000 Westem Community Center 3,000,000 (3,000,000) - 1,650,000 1,650,000 Catherine Strong Parts 2,000,000 - 2,000,000 2,035,089 35,09 Swim and Tennis Club Center 700,000 - 700,000 870,003 170,003 Pompey Park Center Expansion 500,000 - 500,000 1.250,000 750,000 Old School Square Park and Garage (1) 7,000,000 10,383,005 17,383,005 27,046,505 9,663,500 Library Furnishings 1,000,000 56,643 1,056,643 1,056,643 - 24,000,000 11,339,648 35,339,648 46,885,501 11,545,853 General Construct-on wnd (334): ESD Building (2) 2,971,900 2,971,900 2,971,900 3,471,900 500,000 City Hall Expansion -Info Tech Bldg. 974,400 - - - - City Hall Expansion - N. Wing & Chamber 672,000 - - Intracoastal Park, Ramp (3) 1,000,000 1,411,420 1,411,420 2,411,420 1,000,000 Replacement of Fire Station #4 2,723,500 - - 3,700,000 3,700,000 Old School Square Park Improvemerrts 2,700,000 500,000 500,000 1,200,000 700,000 Miller Park Improvement (5) 4,500,000 550,000 550,000 5,700,000 5,150,000 15,541,800 5,433,320 5,433,320 16,483,320 11,050,000 s~ornnvsrer wnd (44s): Storm Retention -Auburn Tree - 1,000,000 1,000,000 Contingency - 1,287,500 Total Funding Needed for Construction 24,ti8:i,353 Taxable LOC - OSS Pkg Gar (4) 5,000,000 5,000,000 5,000,000 5,000,000 (1) The increase is primarily due to the fact that we anticipated receiving $6.560,000 (16,400 sq ft x $400/sq ft.). We naw anticipate $3,690,000 (16,400 sq ft x $225/sq ft) in proceeds. (2) The original budget amount of $2,971,900 is accounted tvr in the Water and Sewer Fund. The revised budget is $3,471,000. The variance ($500,000) will be accounted for in the General Fund. (3) Currently in discussion with PBCO with respect to grant participation. (4) The Taxable Line of Credit will be paid off with sale proceeds from the retail portion of the garage. (5) $300,000 Mirada League, $250,000 County MEMORANDUM To: Davy T. Harden, City Manager From: ~ ~: ~ Rebecca S. O'Connor, Treasurer Thru: ~" _ Joseph M. Saffori~;~ector of Finance Subject: Proposed $27,000,000 Ufility Tax Revenue Bonds Date: August 15, 2007 We have attached for Commission approval Resolution# 21-07 relative to the issuance of proposed Utility Tax Bonds. These documents have been reviewed by our bond counsel, Steve Sanford of Greenberg Traurig, P.A. and our financial advisor, Jay Glover of Public Financial Management. The resolution provides for the following: • Authorizes the issuance of Utility Tax Bonds in an amount not to exceed $27,000,000 for the purpose of financing and refinancing municipal projects to include certain parks and recreation projects, the ESD building, in part, and the Old School Parking Garage and Improvements; • Amends Resolution # 98-91 (the °Original Resolution') to provide for the pledge of the City's communicafion service tax for all bonds issued under Resolution # 98-91; • Determines certain details of the bonds; • Appoints Bear, Steams & Company, Inc. as the underwriter and approves the form of, and authorizes the execution and delivery of a bond purchase agreement to effect the sale of bonds; • Sets the parameters by which the Mayor or YK~-Mayor shall be authored to execute the bond purchase agreement (bonds will not be issued if the true interest cost is greater than 5.5°~, the underwriting discount will not be greater than $6.00/$1,000 of the principal amount of the bonds, and the term will not extend beyond June 1, 2032); • Appoints Commeroe Bank, National Association as the paying agent and registrar and approves the form of, and authorizes the execution and delivery of a paying agent and registrar agreement; • Authorizes the registration of the bonds under the book entry system; • Approves the form of and authorizes the execution of an official statement relative to the bonds and authorizes the distribution of a preliminary official statement and the offiaal statement by the undenNriter, • Author¢es a bond insurance policy to be provided by MBIA insurance Corporation; authorizes the execution of a financial guararrty agreement relative to the issuance of a surety bond by MBIA Provides for the undertaking by the City with respect to secondary market disclosure; • Authorizes proper officials of the City to do all other things deemed necessary as to the sale of the bonds, and • Provides for an effective date. The °not to exceed' par amount of $27,000,000 will provide for approximatey $25,000,000 in construction proceeds, issuance costs, and also allows the bonds to be sold at a premium or discount to assist in the marketing of the bonds. The Finance Department rocommends approval of this resolution. c: R.S. O'Connor, Treasurer File: agenda/07 util tax bonds.doc RESOLUTION NO. R-21-07 CITY OF DELRAY BEACH, FLORIDA Utilities Tax Revenue Bonds, Series 2007 Utilities Tax Revenue Bond Resolution Adopted August 21, 2007 Resolution No. R-21-07 WPB/381649602v1 6/0 1 6 78 7.011900 TABLE OF CONTENTS Page SECTION 1. DEFINITIONS ..................................................................................................5 SECTION 2. AUTHORIZATION, PURPOSE AND BOND DESIGNATION ................... ..6 SECTION 3. TERMS AND DETAILS OF BONDS ............................................................ ..7 SECTION 4. APPLICATION OF BOND PROCEEDS ....................................................... ..7 SECTION 5. COVENANTS OF THE CITY ........................................................................ 10 SECTION 6. RULE 15C2-12 UNDERTAKING .................................................................. 10 SECTION 7. REDEMPTION PROVISIONS ....................................................................... 15 SECTION 8. NEGOTIATED SALE ................................................................................... 17 SECTION 9. APPOINTMENT OF UNDERWRITER ......................................................... 18 SECTION 10. PARAMETERS FOR THE SALE OF THE BONDS ..................................... 18 SECTION 11. PRELIMINARY AND OFFICIAL STATEMENT ........................................ 19 SECTION 12. PAYING AGENT AND REGISTRAR ........................................................... 20 SECTION 13. BOOK ENTRY BONDS ................................................................................. 20 SECTION 14. BOND INSURANCE POLICY AND RESERVE POLICY ........................... 20 SECTION 15. FINANCIAL GUARANTY AGREEMENT ................................................... 21 SECTION 16. AMENDMENTS AND SUPPLEMENTS TO ORIGINAL RESOLUTION.. 21 SECTION 17. PAYMENT PROCEDURES UNDER THE BOND INSURANCE POLICY 22 SECTION 18. SEVERABILITY OF INVALID PROVISIONS ............................................ 27 SECTION 19. FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR ACTS....... 27 SECTION 20. REPEALER ..................................................................................................... 28 SECTION 21. EFFECTIVE DATE ........................................................................................ 28 i Resolution No. R-21-07 WPB/381649602v1fi/016787.011900 RESOLUTION NO. R-21-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE NEGOTIATED SALE OF CITY OF DELRAY BEACH, FLORIDA, UTILITIES TAX REVENUE BONDS, SERIES 2007 (THE "BONDS"), IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $27,000,000 FOR THE PURPOSE OF FINANCING AND REFINANCING CERTAIN MUNICIPAL PROJECTS WITHIN THE CITY; AMENDING RESOLUTION NO. R-98-91 (THE "ORIGINAL RESOLUTION") TO PROVIDE FOR THE PLEDGE OF THE CITY'S COMMUNICATIONS SERVICES TAX FOR ALL BONDS ISSUED UNDER THE ORIGINAL RESOLUTION; DETERMINING CERTAIN DETAILS OF THE BONDS; APPOINTING AN UNDERWRITER; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS AND SETTING THE PARAMETERS BY WHICH THE MAYOR OR VICE MAYOR SHALL BE AUTHORIZED TO EXECUTE AND DELIVER THE BOND PURCHASE AGREEMENT; APPOINTING A PAYING AGENT AND BOND REGISTRAR; AUTHORIZING THE REGISTRATION OF THE BONDS UNDER A BOOK-ENTRY SYSTEM; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF THE BONDS AND AUTHORIZING THE DISTRIBUTION OF THE PRELIMINARY OFFICIAL STATEMENT AND THE OFFICIAL STATEMENT BY THE UNDERWRITER; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT RELATING TO THE BONDS; PROVIDING FOR A BOND INSURANCE POLICY FOR THE BONDS PROVIDED BY MBIA INSURANCE CORPORATION AND AUTHORIZING AND AGREEING TO ANY NECESSARY SUPPLEMENTS OR AMENDMENTS TO THE ORIGINAL RESOLUTION IN CONNECTION THEREWITH; IF APPLICABLE, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCIAL GUARANTY AGREEMENT IN CONNECTION WITH THE ISSUANCE OF A SURETY BOND BY MBIA INSURANCE CORPORATION; PROVIDING FOR THE UNDERTAKING BY THE CITY REGARDING SECONDARY MARKET DISCLOSURE AS REQUIRED BY RULE 15c2-12 OF THE SECURITIES AND EXCHANGE COMMISSION; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-21-07 WPB/381649602v16/016787.011900 WHEREAS, the City Commission (the "Commission") of the City of Delray Beach, Florida (the "City") did, on December 3, 1991, adopt Resolution No. 98-91, as amended and supplemented (herein, the "Original Resolution"), for the purpose, among other things, of authorizing the issuance from time to time of Utilities Tax Revenue Bonds to finance and refinance municipal projects; and WHEREAS, any term not otherwise defined in this Resolution shall have the meaning ascribed to such term in the Bond Resolution (as defined below); and WHEREAS, on the date of adoption of this Resolution, the City has now outstanding its Utilities Tax Revenue Refunding Bonds, Series 2002 in the aggregate principal amount of $6,730,000 (herein, the "2002 Bonds") issued pursuant to the terms and provisions of the Original Resolution and Resolution No. R-90-02 (the "2002 Resolution"); and WHEREAS, pursuant to the terms and provisions of the 2002 Resolution, the Original Resolution was amended and supplemented in certain respects (the Original Resolution, as amended and supplemented by the 2002 Resolution is herein referred to as the "Bond Resolution"); and WHEREAS, pursuant to the terms and provisions of the Bond Resolution, the 2002 Bonds and other Bonds issued pursuant to Article III, Section 4.G. of the Original Resolution are secured by a pledge of the City's Utilities Tax which is defined to include the tax imposed by the City on each and every purchase in the City of electricity, and metered and bottled gas (natural liquefied petroleum gas or manufactured); and WHEREAS, effective October 1, 2001, the Legislature of the State of Florida (i) repealed the authorization for the levy by municipalities, including the City, of the public service tax on telecommunications services, and (ii) instead, authorized the implementation of a 2 Resolution No. R-21-07 WPB/381649602v1 fi/016787.011900 communications services tax pursuant to the provisions of Chapter 202, Florida Statute, as amended and supplemented (herein, the "Communications Services Tax"}; and WHEREAS, the Commission hereby determines it would be in the best economic interest of the City to amend the definition of Utilities Tax to include the portion of the Communications Services Tax received by the City each month, so that the 2002 Bonds, the Bonds (as defined below) and any other bonds issued under Article III, Section 4.G of the Original Resolution shall also be secured by such tax; and WHEREAS, pursuant to Article III, Section 4.G of the Original Resolution, the Commission hereby determines it to be in the best economic interest of the City to finance and refinance certain municipal projects more particularly described on Exhibit A attached hereto (the "2007 Projects") through the issuance of its not to exceed $27,000,000 in initial aggregate principal amount of Utilities Tax Revenue Bonds, Series 2007 (herein, the "Bonds"); and WHEREAS, effective July 3, 1995, Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), provides that it is unlawful for a broker dealer or municipal securities dealer to purchase or sell municipal securities, which includes the Bonds, unless the issuer, which includes the City, has undertaken in a written agreement (herein, the "Undertaking") to provide to specified information repositories annual financial information and operating data relevant to the municipal securities and notice of certain specified material events; and WHEREAS, the Commission hereby determines to provide its Undertaking with respect to the Bonds in this Resolution; and WHEREAS, subject to the terms and conditions of this Resolution, the City will enter into a Bond Purchase Agreement with Bear, Stearns & Co. Inc., hereby designated by the Commission to be the underwriter of the Bonds (herein the "Underwriter"), setting forth the 3 Resolution No. R-21-07 WPB/381649602vi6/016787.011900 terms and conditions of the City's agreement to sell and the Underwriter's agreement to purchase the Bonds, in substantially the form attached hereto as Exhibit B (herein, the "Purchase Contract"); and WHEREAS, based upon current market conditions, the complex nature of the financing, the need to issue the Bonds upon the most favorable market conditions and the advice of the City's financial advisor, the Commission hereby finds it is necessary and advisable to negotiate the sale of the Bonds; and WHEREAS, the Commission hereby determines that it is in the best interest of the City to accept the Purchase Contract and to award the Bonds to the Underwriter pursuant to a negotiated sale and pursuant to the parameters set forth in Section 10 herein; and WHEREAS, the City will be, prior to the execution of the Purchase Contract, provided by the Underwriter with the disclosure statements required by Section 218.385, Florida Statutes, a copy of which is attached as an exhibit to the Purchase Contract; and WHEREAS, there have been also prepared and submitted to the Commission a draft Preliminary Official Statement, attached hereto as Exhibit C. WHEREAS, the City's financial advisor has recommended in a letter, attached hereto as Exhibit D, that the principal and interest on the Bonds be insured by a financial guaranty insurance policy (the "Bond Insurance Policy") to be issued by MBIA Insurance Corporation (the "Bond Insurer") pursuant to the terms and provisions of the commitment of such Bond Insurer to provide the Bond Insurance Policy attached hereto as Exhibit E (herein, the "Commitment") and that, subject to the final pricing of the Bonds, in lieu of any required deposits into the Debt Service Reserve Account for the Bonds, a Reserve Account Credit Facility Substitute, in the form of a surety bond to be issued by the Bond Insurer (herein, the "Reserve 4 Resolution No. R-21-07 WPB/381649602v16/016787.011900 Policy") will be provided with the coverage which will be equal to the Debt Service Reserve Requirement for the Bonds as evidenced by the Commitment; and WHEREAS, the Commission has been advised that as a condition for the City to receive the Reserve Policy from the Bond Insurer, it is necessary for the City to enter into a reimbursement agreement with the Bond Insurer (herein, the "Financial Guaranty Agreement"), the form of which is attached hereto as Exhibit F; and WHEREAS, the Commission hereby adopts the recommendations of the City's financial advisor regarding the Bond Insurance Policy and, subject to final pricing of the Bonds, the Reserve Policy; and WHEREAS, as a condition of obtaining the Bond Insurance Policy and Reserve Policy, if any, for the Bonds, the Commission has been advised that it is necessary to amend and/or supplement the Bond Resolution and the Commission hereby determines that agreeing to any such amendments and/or supplements is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. DEFINITIONS. That, except as provided below, all capitalized terms used in this Resolution not otherwise defined shall have the meanings ascribed to such terms in the Bond Resolution, unless the context clearly indicates otherwise. A. "Beneficial Owner" shall mean, for purposes of Section 6 of this Resolution only, any person which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of any Bonds for federal income tax purposes. 5 Resolution No. R-21-07 WPB/381649602v1 6/0 1 6 78 7.011900 B. "Communications Services Tax" shall mean the tax the City receives on communication services pursuant to the provisions of the Communications Services Tax Simplification Law codified as Chapter 202, Florida Statutes, as amended and supplemented. C. "NRMSIR" shall mean each nationally recognized municipal securities information repository designated from time to time by the SEC in accordance with the Rule. A list of the names and addresses of all designated NRMSIRs and any SID (as herein defined) as of any date may currently be obtained by calling the SEC's Fax on Demand Service from a fax machine at (202) 942-8088 and requesting document numbers 0206 and 0207, respectively, or by visiting the SEC's web site at "http://www.sec.gov/info/municipal/nrmsir.htm." D. "Tax Certificate" shall mean the Arbitrage Certificate executed by the City on the date of initial issuance and delivery of the Bonds, as such Tax Certificate may be amended from time to time, a source of guidance for achieving compliance with the Code. E. "Utilities Tax" shall mean the tax imposed by the City on each and every purchase in the City of electricity, metered and bottled gas (natural liquefied petroleum gas or manufactured) and the Communications Services Tax. Said term shall also apply to all taxes imposed by the City on the purchase of utility services other than water and communication services, whether levied in the amounts prescribed by the Utilities Tax Ordinance or in any other amounts and whether imposed on the purchase of the same utilities services or any other or additional utilities services, by amendment to the Utilities Tax Ordinance or such other resolution or ordinance of the City. This definition shall be applicable to the Bonds and all passu additional bonds issued pursuant to Article III, Section 4.G of the Original Resolution. SECTION 2. AUTHORIZATION, PURPOSE AND BOND DESIGNATION. That the City hereby determines at this time (i) to issue not exceeding $27,000,000 in the initial 6 Resolution No. R-21-07 WP8/381649602v1 6/01 6 78 7.011900 aggregate principal amount of its Bonds for the purpose of (a) financing and refinancing certain municipal projects within the City as more particularly described on Exhibit A attached hereto (the "2007 Projects"), (b) to pay the costs of issuance of the Bonds, including paying the premium for the Bond Insurance Policy and, if applicable, the Reserve Policy, and (ii) to designate such Bonds as its "Utilities Tax Revenue Bonds, Series 2007" (herein, the "Bonds"). SECTION 3. TERMS AND DETAILS OF BONDS. The terms and details of the Bonds, including but not limited to the principal amounts, interest rates, maturity dates and redemption provisions, shall be determined by the Mayor or Vice Mayor in accordance with the parameters set forth in Section 10 herein. The form of the Bonds shall be substantially in the form set forth in the Original Resolution with such variations as are necessary to conform to the final terms of the Bonds. SECTION 4. APPLICATION OF BOND PROCEEDS. All moneys received by the City from the sale of the Bonds originally authorized and issued pursuant to this Resolution, shall be disbursed as follows: A. The accrued interest, if any, derived from the sale of the Bonds, shall be deposited into the Interest Account, created and established under the Bond Resolution and continued hereunder, and used for the purpose of paying interest on the Bonds, as the same becomes due and payable. B. There is hereby created and established in the Acquisition/Construction Fund created and established under the Original Resolution, a separate line item to be known as the "2007 Cost of Issuance Cost Center," into which shall be deposited an amount of the proceeds of the Bonds sufficient to pay the costs of issuance of the Bonds, including, but not limited to, payment of the premium for the Bond Insurance Policy and, if applicable, the 7 Resolution No. R-21-07 WPB/381649602v1 6/0 1 6 78 7.011900 payment of the premium for the Reserve Policy. The City is hereby authorized to permit the Underwriter to pay directly to the Bond Insurer, from the net proceeds of the Bonds, the cost of the Bond Insurance Policy and Reserve Policy, if any. If, for any reason, any of the moneys allocated to the 2007 Cost of Issuance Cost Center, are not necessary for or are not applied to pay the costs of issuing the Bonds, then such surplus proceeds shall be deposited into the Acquisition/Construction Fund to be used to finance the 2007 Projects. C. Unless, upon the advice of the City's financial advisor, the Debt Service Reserve Requirement shall be satisfied with a Reserve Account Credit Facility Substitute in the form of the Reserve Policy, from the proceeds of the Bonds there shall be deposited in the Debt Service Reserve Account in the Sinking Fund, an amount equal to the Debt Service Reserve Requirement for the Bonds, which requirement shall be determined at the time of the award of the Bonds. D. The balance of the proceeds derived from the sale of the Bonds shall be deposited into the Acquisition/Construction Fund created and established under the Original Resolution. If, for any reason, the moneys in the Acquisition/Construction Fund, or any part thereof, are not necessary for or are not applied to the purposes of the 2007 Projects, then such surplus proceeds shall be deposited, upon certification of the City Manager, other than amounts allocated to the 2007 Cost of Issuance Cost Center, that such surplus proceeds are not needed for the purposes of the Acquisition/Construction Fund, in the following order: First, to the Debt Service Reserve Account in the Sinking Fund created and established for the Bonds, to the full extent necessary, either to reinstate the Reserve Account Credit Facility Substitute on deposit therein relating to the Bonds, or, to deposit additional 8 Resolution No. R-21-07 WPB/381649602v1 6/0 1 6 78 7.011900 moneys so that such deposit, together with such moneys already on deposit therein, equal the Debt Service Reserve Requirement for the Bonds; Second, to the Interest Account, Principal Account or Bond Redemption Account in the amounts, if any, determined by subsequent proceedings of the Commission; and Third, the balance, if any, to be used by the City for any capital project of the City. The moneys deposited in the Acquisition/Construction Fund may, pending their use for the purposes provided in this Resolution, be temporarily invested in Permitted Investments maturing not later than the dates on which such moneys will be needed for the purposes of the Acquisition/Construction Fund. Subject to the provisions of the Code and the Tax Certificate, all the earnings and investment income from such investments shall remain in and become a part of said Acquisition/Construction Fund and be used for the purposes of the Acquisition/Construction Fund. Any moneys received by the City from the State or from Palm Beach County, Florida (the "County"), or from the United States of America or any agencies thereof for the purpose of financing any of the 2007 Projects, may be deposited in the Acquisition/Construction Fund and used in the same manner as other Bond proceeds are used therein; provided, however, that such moneys shall not be so deposited in the event and to the extent that the City has incurred debt in anticipation of the receipt of such moneys; and provided further, that separate accounts may be established in the Acquisition/Construction Fund for moneys received pursuant to the provisions of this paragraph whenever required by Federal or State or County regulations. The proceeds of the sale of the Bonds shall be and constitute trust funds for the purposes hereinabove provided, and there is hereby created a lien upon such moneys, until so 9 Resolution No. R-21-07 WPB/381649602v16/016787.011900 applied, in favor of the Holders of the Bonds, except that the lien on the moneys or securities or any moneys derived from any Reserve Account Credit Facility Substitute on deposit in a Debt Service Reserve Account, created and established under the Original Resolution for the Bonds, shall only be for the benefit of the Bonds. SECTION 5. COVENANTS OF THE CITY. Except as provided herein, the Bonds authorized by this Resolution shall be deemed to have been issued pursuant to the Bond Resolution (to which this Resolution is supplemental) and all of the covenants and agreements contained in the Bond Resolution shall be deemed to have been made for the benefit of the Owners of the Bonds issued pursuant to this Resolution. The Sinking Fund, the Principal Account, the Interest Account, the Bond Redemption Account therein and each Debt Service Reserve Account, all created and established under the Original Resolution, shall be continued and maintained as provided in the Original Resolution as long as any of the Bonds, issued pursuant to the terms and provisions of the Bond Resolution and this Resolution, are Outstanding. SECTION 6. RULE 15C2-12 UNDERTAKING. That in order to assist the initial purchasers of the Bonds with respect to compliance with the Rule, the City undertakes and agrees to provide the information described below to the persons so indicated. The City's Undertaking set forth in this Section 6 shall be for the benefit of the registered owners and Beneficial Owners of the Bonds. A. The City undertakes and agrees to provide to each NRMSIR and to the State of Florida information depository (herein, the "SID") if and when such a SID is created (i) the City's general purpose financial statements generally consistent with the financial statements presented in Appendix B to the official statement relating to the Bonds (herein the "Official 10 Resolution No. R-21-07 VI/PB/381649602v16/016787.011900 Statement"), and (ii) the information concerning the Utilities Tax collections within the City with respect to the Communications Services Tax, and with respect to electricity, gas and fuel oil, the Utilities Tax rate or rates, exemptions from the Utilities Tax and amendments to the Utilities Tax Ordinance generally consistent with the information set forth in the Official Statement under the heading "UTILITIES TAXES." The information referred to in clauses (i) and (ii) is herein collectively referred to as the "Annual Information." B. The Annual Information described in clause (i) of paragraph A above in audited form (for as long as the City provides such financial information in audited form) is expected to be available on or before March 31 of each year for the Fiscal Year ending on the preceding September 30, commencing March 31, 2008 for the Fiscal Year ending on the preceding September 30, 2007. The Annual Information referred to in clause (i) of paragraph A above in unaudited form (if the audited financial statements are not available or if the City no longer provides such financial information in audited form) will be available on or before March 31 for the Fiscal Year ending on the preceding September 30. The City also agrees to provide the Annual Information to each registered owner and Beneficial Owner of the Bonds who requests such information and pays to the City its costs of reproduction and transmission of such Annual Information. The City agrees to provide to each NRMSIR and the SID, if any, timely notice of its failure to provide the Annual Information. Such notice shall also indicate the reason for such failure and when the City reasonably expects such Annual Information will be available. C. The Annual Information referred to in clause (i) of paragraph A above and presented as an appendix to the Official Statement has been prepared in accordance with governmental accounting standards promulgated by the Government Accounting Standards 11 Resolution No. R-21-07 WP8/381649602vi fi/016787.011900 Board, as in effect from time to time, as such principles are modified by generally accepted accounting principles, promulgated by the Financial Accounting Standards Board, as in effect from time to time, and such other State mandated accounting principles as in effect from time to time. D. If, as authorized by paragraph F below, the City's undertaking with respect to paragraph C above requires amending, the City undertakes and agrees that the Annual Information described in clause (i) of paragraph A above for the Fiscal Year in which the amendment is made will, to the extent possible, present a comparison between the Annual Information prepared on the basis of the new accounting principles and the Annual Information prepared on the basis of the accounting principles described in paragraph C above. The City agrees that such a comparison will, to the extent possible, include a qualitative discussion of the differences in the accounting principles and the impact of the change on the presentation of the Annual Information. E. The City undertakes and agrees to provide, in a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking Board and to the SID, if any, notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on any reserve account reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; 12 Resolution No. R-21-07 WPB/381649602v1 6/0 1 6 78 7.011900 (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (7) modifications to rights of Bondholders; (8) Bond calls (other than scheduled mandatory sinking fund redemptions); (9) defeasance of the Bonds; (10} release, substitution, or sale of property securing repayment of the Bonds; (11) rating changes; and (12) any failure to comply with the provisions of this Section 6, which in all cases, such failure will be deemed material. Notwithstanding the foregoing, notice of the events described in clauses (8) and (9) above need not be given any earlier than the time notice is required to be given to the registered owners of the Bonds. F. Notwithstanding any other provision of this Resolution or the Bond Resolution to the contrary regarding amendments or supplements, the City undertakes and agrees to amend and/or supplement this Section 6 (including the amendments referred to in paragraph D above) only if: (1) 'The amendment or supplement is made only in connection with a change in circumstances existing at the time the Bonds were originally issued that arises from (i) a change in law, (ii) SEC 13 Resolution No. R-21-07 WPB/381649602v16/016787.011900 pronouncements or interpretations, (iii) a judicial decision affecting the Rule or (iv) a change in the nature of the City's operations or the activities that generate the Utilities Taxes. (2) The City's Undertaking, as amended, would have complied with the requirements of the Rule at the time the Bonds were originally issued after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (3) The amendment or supplement does not materially impair the interests of the registered owners and Beneficial Owners of the Bonds as determined by Bond Counsel or by a majority of the registered owners of the Bonds. In the event of an amendment or supplement under this Section 6, the City shall describe the same in the next report of Annual Information and shall include, as applicable, a narrative explanation of the reason for the amendment or supplement and its impact, if any, on the financial information and operating data being presented in the Annual Information. G. The City's Undertaking as set forth in this Section 6 shall terminate if and when the Bonds are paid or deemed paid within the meaning of this Resolution. H. The City acknowledges that its Undertaking pursuant to the Rule set forth in this Section 6 is intended to be for the benefit of the registered holders and Beneficial Owners of the Bonds and shall be enforceable by such holders and Beneficial Owners; provided that, the holder's and Beneficial Owners' right to enforce the provisions of this Undertaking shall be limited to a right to obtain specific enforcement of the City's obligations hereunder, and any failure by the City to comply with the provisions of this Undertaking shall not be or constitute a 14 Resolution No. R-21-07 WP8/381649602vf&/0l6787.011900 covenant or monetary default with respect to the Bonds under this Resolution or the Bond Resolution. I. The City reserves the right to satisfy its obligations under this Section 6 through agents; and the City may appoint such agents without the necessity of amending this Resolution. The City may also appoint one or more employees of the City to monitor and be responsible for the City's Undertaking hereunder. SECTION 7. REDEMPTION PROVISIONS. The Bonds maturing on June 1, 2018 and thereafter are subject to redemption at the option of the City prior to maturity on or after June 1, 2017, in whole at any time or in part from time to time on the first day of any month in such manner as shall be determined by the City, at a redemption price equal to the principal amount of the Bonds to be redeemed, together with accrued interest to the date fixed for redemption. Notwithstanding the foregoing, if the Underwriter, upon consultation with the Finance Director, determines that market conditions require different or no optional redemption provisions for the Bonds or for certain maturities of the Bonds, such different optional redemption provisions or the exclusion of certain or all maturities of the Bonds from such optional redemption provisions will be deemed approved by the Commission without the need of further proceedings so long as the maximum redemption premium does not exceed 1 % and the first optional redemption period is not more than eleven (11) years from the date of issuance of the Bonds. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected in such manner as the City, in its discretion, shall determine, and if less than all of a 15 Resolution No. R-21-07 WPB/381649602v1 fi/016787.011900 maturity shall be called for redemption, the Bonds to be redeemed shall be selected by lot within such maturity. Notice of redemption of the Bonds shall be mailed, postage prepaid, by the Bond Registrar (herein defined) at least thirty (30) and not more than sixty (60) days before the date fixed for redemption to the registered owners of any of the Bonds or portions of the Bonds which are to be redeemed, at their addresses as they appear fifteen (15) days prior to the date such notice is mailed on the registration books of the City kept by the Bond Registrar. The Bond Registrar also shall mail (by certified mail, return receipt requested) a copy of such notice for receipt not less than the second business day prior to the date notice of redemption is mailed to the Bondholders to the following (or the most current address): The Depository Trust Company, 711 Stewart Avenue, Garden City, New York 11530; provided, however, that such mailing shall not be a condition precedent to such redemption and failure to mail any such notice shall not affect the validity of any proceedings for the redemption of the Bonds. The Bond Registrar shall also provide notice, at the same time notice of redemption is given to the Bondholders, to Kenny Information Systems Notification Service, 65 Broadway, 16th Floor, New York, New York 10006, and Standard & Poor's Called Bond Record, 25 Broadway, New York, New York 10004 (or the most current address); provided, however, that such mailing shall not be a condition precedent to such redemption and failure to mail any such notice shall not affect the validity of any proceedings for the redemption of the Bonds. A second notice of redemption shall be given sixty (60) days after the redemption date in the manner required above to the registered owners of redeemed Bonds which have not been presented for payment within thirty (30) days after the redemption date. 16 Resolution No. R-21-07 WPB/381649602v16/016787.011900 Such notice of redemption shall set forth (i) the date fixed for redemption, (ii) the redemption price to be paid, (iii) the name and address of the Bond Registrar, (iv) if less than all of the Bonds shall be called for redemption, the distinctive numbers, letters and CUSIP identification numbers, if any, of such Bonds to be redeemed, (v) in the case of Bonds to be redeemed in part only, the portion of the principal amount thereof to be redeemed, and (vi) any other information the City or the Bond Registrar deems relevant. Subject to the rules of the Securities Depository, in case any Bond is to be redeemed in part only, the notice of redemption that relates to such Bond shall state also that on or after the redemption date, upon surrender of the Bond, a new Bond or Bonds of the same maturity, bearing interest at the same rate and in aggregate principal amount equal to the unredeemed portion of such Bond, will be issued. Failure of the registered owner of any Bonds which are to be redeemed to receive any such notice shall not affect the validity of the proceedings for the redemption of Bonds for which proper notice has been given. Interest shall cease to accrue on any of the Bonds duly called for prior redemption if payment of the redemption price has been duly made or provided for. Notwithstanding any of the foregoing, no notice of redemption that relates to the Bonds shall be given unless there are sufficient moneys for such redemption on deposit in the Principal Account, Interest Account or Bond Redemption Account, as applicable, of the Sinking Fund or unless such redemption shall be paid for with the proceeds of refunding Bonds or from amounts provided by the Bond Insurer in its sole discretion. SECTION 8. NEGOTIATED SALE. That the City hereby finds that, due to the complicated nature of the financing, volatile market conditions, the need to issue the Bonds upon the most favorable market conditions and the advice of its financial advisor, it would be in the best interest of the City that the Bonds be sold on a negotiated basis. 17 Resolution No. R-21-07 WPB/381649602v 1 6/0 1 6 78 7.011900 SECTION 9. APPOINTMENT OF UNDERWRITER. That the City hereby appoints Bear, Stearns & Co. Inc. as the Underwriter of the Bonds pursuant to the terms and provisions of the Purchase Contract. SECTION 10. PARAMETERS FOR THE SALE OF THE BONDS. That the proposal submitted by the Underwriter offering to purchase the Bonds at a purchase price for the Bonds established pursuant to the parameters set forth below and on the terms and conditions set forth in the Purchase Contract (substantially in the form attached hereto as Exhibit B}, is hereby approved and adopted by the City. Subject to the last sentence of this Section 10, the Mayor (or, in her absence, the Vice Mayor) is hereby authorized to execute and deliver on behalf of the City, and the City Clerk is hereby authorized (if so required) to affix the Seal of the City and attest to the execution of, the Purchase Contract in substantially the form presented at this meeting. The disclosure statements of the Underwriter, as required by Section 218.385 of the Florida Statutes, to be delivered to the City prior to the execution of the Purchase Contract, a form of which is attached as an exhibit to the Purchase Contract, will be entered into the official records of the City as part of the Purchase Contract. The Purchase Contract, when in final form as determined by the City Attorney and Bond Counsel, may be executed by the City without further action of the City, provided the Underwriter confirms in writing to the Finance Director, or in his absence, the Treasurer of the City that (i) the true interest cost on the Bonds does not exceed five and one half percent (5.50%) per annum, (ii) the underwriting discount (exclusive of any original issue discount or original issue premium) is not greater than $6.00 per $1,000 of the original principal amount of the Bonds, (iii) the initial principal amount of Bonds sold thereunder does not exceed the principal amount authorized under this Resolution, (iv) the final maturity of 18 Resolution No. R-21-07 WP8/381649602v16/016787.011900 the Bonds does not extend beyond June 1, 2032, and (v) the Bonds shall have the optional redemption provisions set forth in Section 7 hereof. The final terms and provisions of the Bonds shall be reflected in the Official Statement and such document shall be affixed as an exhibit to this Resolution and entered into the records of the Commission. SECTION 11. PRELIMINARY AND OFFICIAL STATEMENT. That the form of the Preliminary Official Statement in substantially the form attached hereto as Exhibit C with such changes as shall be approved by the Mayor or the City Manager and the City's Bond Counsel, be and the same is hereby approved, and the Commission hereby approves the use of the final printed Official Statement by the Underwriter in connection with the offering and sale of the Bonds in substantially the same form as the attached Preliminary Official Statement. The Commission hereby further approves the use by the Underwriter of any supplement or amendment to the Official Statement which is necessary so that the Official Statement does not include any untrue statement of a material fact and does not omit to state any material fact necessary to make the statements therein not misleading. The Mayor (or, in her absence, the Vice Mayor) is each hereby authorized and directed to execute the Official Statement and any amendment or supplement thereto, in the name and on behalf of the City, and thereupon to cause the Official Statement and any such amendment or supplement to be delivered to the Underwriter with such approval to be conclusively evidenced by her execution and delivery thereof. The Underwriter is hereby authorized to use the Preliminary Official Statement in connection with the marketing of the Bonds. The Mayor, the Vice Mayor, the City Manager, the Director of Finance and the Treasurer are each authorized to execute a certificate deeming the Preliminary Official Statement "final" within the meaning of the Rule. Notwithstanding the foregoing, the 19 Resolution No. R-21-07 WPB/381649602v18/016787.011900 Official Statement with respect to the Bonds shall not be executed prior to the date the Purchase Contract is executed in the manner contemplated in Section 10 herein and the form thereof is approved by Bond Counsel and the City Attorney. SECTION 12. PAYING AGENT AND REGISTRAR. That Commerce Bank, National Association (the "Bank") is hereby appointed as paying agent (the "Paying Agent") and registrar (the "Registrar") for the Bonds. By the acceptance of such appointment, the Bank agrees to comply with the terms of any paying agent and registrar agreement (that may be required by the Bank), the Bond Resolution, this Resolution, and the Bond Insurance Policy and the Reserve Policy, if any, applicable to it. The Paying Agent and Registrar agree to provide to the Bond Insurer copies of all notices and reports relating to the City or the Bonds received by it or which either is required to be sent to the City or the registered owners of the Bonds. SECTION 13. BOOK ENTRY BONDS. That the Commission hereby determines that the registration of the Bonds be by the Book Entry System of registration. SECTION 14. BOND INSURANCE POLICY AND RESERVE POLICY. That, based on the recommendations of the City's financial advisor, set forth in a letter attached hereto as Exhibit D with respect to the Bonds, the Commission finds that obtaining the Bond Insurance Policy and Reserve Policy, if applicable, from the Bond Insurer is in the best interests of the City, and the Commission hereby directs that the premium due on the Bond Insurance Policy and the Reserve Policy, if applicable, be paid in accordance with the terms thereof. The City covenants to comply with the terms and provisions of the Commitment to provide the Bond Insurance Policy and Reserve Policy and covenants to comply with the payment procedures with respect to the Bond Insurance Policy. 20 Resolution No. R-21-07 WPB/381649602v16/016787.011900 SECTION 15. FINANCIAL GUARANTY AGREEMENT. That the form, terms and provisions of the Financial Guaranty Agreement between the City and the Bond Insurer substantially in the form attached hereto as Exhibit F, as submitted to this meeting, be and the same are hereby approved and accepted. If the Reserve Policy is purchased by the City, the Mayor of the City or, in her absence, the Vice Mayor, is hereby authorized and directed to execute and deliver the Financial Guaranty Agreement on behalf of the City in substantially the form submitted to this meeting, with such changes, insertions and deletions thereto as are necessary or desirable for carrying out the purposes thereof as may be approved by the City Attorney and Bond Counsel, the execution of said Financial Guaranty Agreement being conclusive evidence of such approval. SECTION 16. AMENDMENTS AND SUPPLEMENTS TO ORIGINAL RESOLUTION. In addition to any definitional changes reflected in Section 1 hereof and notwithstanding any other provision in the Original Resolution to the contrary, as a condition of obtaining the Bond Insurance and Reserve Policy, if applicable, and for as long as the Bond Insurer is not in default under the Bond Insurance Policy and/or Reserve Policy, if applicable, the City covenants as follows: (i) not to issue ~ passu additional Bonds pursuant to Article III, Section 4.G. of the Original Resolution, that bear interest at a variable rate without the express written consent of the Bond Insurer, (ii) not to optionally redeem the Bonds or use any portion of the proceeds of the Utilities Tax for general municipal purposes if amounts are due and owing the Bond Insurer under the Financial Guaranty Agreement, if applicable. In the event that the City obtains more than one Reserve Account Credit Facility Substitute for the Bonds, one of which is the Reserve Policy, the Paying Agent shall, if moneys are required therefrom, draw on such Reserve Account Credit Facility Substitutes on a pro rata basis. At any time amounts on 21 Resolution No. R-21-07 WPB/381649602vi 6/016787.011900 deposit in the Debt Service Reserve Account are less than the Debt Service Reserve Requirement and the Reserve Policy has been drawn on, the City covenants to apply the first available proceeds of the Utilities Tax to reimburse the Bond Insurer thereby reinstating the Reserve Policy prior to making any cash deposits to the Debt Service Reserve Account to cure such deficiency. In addition, to the extent that the terms and provisions of the Commitment attached hereto as Exhibit E are not reflected in the Original Resolution, the 2002 Resolution or this Resolution, the City agrees to comply with such terms as if set forth herein. SECTION 17. PAYMENT PROCEDURES UNDER THE BOND INSURANCE POLICY. A. In the event that on the second Business Day, and again on the Business Day, prior to an Interest Payment Date, the Paying Agent has not received sufficient moneys to pay all principal of and interest on the Bonds due on the second following or following, as the case may be, Business Day, the Paying Agent shall immediately notify the Bond Insurer or its designee on the same Business Day by telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the deficiency. B. If the deficiency is made up in whole or in part prior to or on the Interest Payment Date, the Paying Agent shall so notify the Bond Insurer or its designee. C. In addition, if the Paying Agent has notice that any Bondholder has been required to disgorge payments of principal or interest on the Bonds to a trustee in bankruptcy or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such Bondholder within the meaning of any applicable bankruptcy laws, then the Paying Agent shall notify the Bond Insurer or its designee 22 Resolution No. R-21-07 WPB/381649602v16/016787.011900 of such fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail. D. The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for Holders of the Bonds as follows: (1) If and to the extent there is a deficiency in amounts required to pay interest on the Bonds, the Paying Agent shall (a} execute and deliver to U.S. Bank Trust National Association, or its successors under the Bond Insurance Policy (the "Insurance Paying Agent"), in form satisfactory to the Insurance Paying Agent, an instrument appointing the Bond Insurer as agent for such Holders in any legal proceeding related to the payment of such interest and an assignment to the Bond Insurer of the claims for interest to which such deficiency relates and which are paid by the Bond Insurer, (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Bond Insurance Policy payment from the Insurance Paying Agent with respect to the claims for interest so assigned, and (c) disburse the same to such respective Holders; and (2) If and to the extent of a deficiency in amounts required to pay principal of the Bonds, the Paying Agent shall (a) execute and deliver to the Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing the Bond Insurer as agent for such Holder in any legal proceeding relating to the 23 Resolution No. R-21-07 WP8/381649602v1 6/0 1 6 78 7.011900 payment of such principal and an assignment to the Bond Insurer of any of the Bonds surrendered to the Insurance Paying Agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Paying Agent and available for such payment (but such assignment shall be delivered only if payment from the Insurance Paying Agent is received), (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Bond Insurance Policy payment therefor from the Insurance Paying Agent, and (c) disburse the same to such Holders. E. Payments with respect to claims for interest on and principal of the Bonds disbursed by the Paying Agent from proceeds of the Bond Insurance Policy shall not be considered to discharge the obligation of the City with respect to the Bonds, and the Bond Insurer shall become the owner of such unpaid Bonds and claims for the interest in accordance with the tenor of the assignment made to it under the provisions of this section or otherwise. F. Irrespective of whether any such assignment is executed and delivered, the City and the Paying Agent hereby agree for the benefit of the Bond Insurer that: (1) It recognizes that to the extent the Bond Insurer makes payments, directly or indirectly (as by paying through the Paying Agent), on account of principal of or interest on the Bonds, the Bond Insurer will be subrogated to the rights of such Holders to receive the amount of such principal and interest from the City, with interest 24 Resolution No. R-21-07 N/PB/381649602v16/016787.011900 thereon as provided and solely from the sources stated in this Resolution, the Bond Resolution and the Bonds; and (2) It will accordingly pay to the Bond Insurer the amount of such principal and interest (including principal and interest recovered. under subparagraph (ii) of the first paragraph of the Bond Insurance Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in this Resolution, the Bond Resolution and the Bonds, but only from the sources and in the manner provided herein for the payment of principal of and interest on the Bonds to Holders, and will otherwise treat the Bond Insurer as the owner of such rights to the amount of such principal and interest. G. In connection with the issuance of additional pari passu Bonds, the City shall deliver to the Bond Insurer a copy of the disclosure document, if any, circulated with respect to such additional pari passu Bonds. H. Copies of any amendments made to the documents executed in connection with the issuance of the Bonds which are consented to the Bond Insurer shall be sent to Standard & Poor's Corporation. I. The Bond Insurer shall receive notice of the resignation or removal of the Paying Agent and the appointment of a successor thereto. J. The Bond Insurer shall receive copies of all notices required to be delivered to Bondholders and, on an annual basis, copies of the City's audited financial statements and Annual Budget. 25 Resolution No. R-21-07 WPB/381649602v16/016787.011900 Notices: Any notice that is required to be given to a holder of the Bonds or to the Paying Agent pursuant to this Resolution shall also be provided to the Bond Insurer. All notices required to be given to the Bond Insurer under this Resolution shall be in writing and shall be sent by registered or certified mail addressed to MBIA Insurance Corporation, 113 King Street, Armonk, New York 10504 Attention: Surveillance. K. The City agrees to reimburse the Bond Insurer immediately and unconditionally upon demand, to the extent permitted by law, for all reasonable expenses, including attorneys' fees and expenses, incurred by the Bond Insurer in connection with (i) the enforcement by the Bond Insurer of the City's obligations, or the preservation or defense of any rights of the Bond Insurer, under this Resolution and any other document executed in connection with the issuance of the Bonds, and (ii) any consent, amendment, waiver or other action with respect to this Resolution or any related document whether or not granted or approved, together with interest on all such expenses from and including the date incurred to the date of payment at Citibank's Prime Rate plus 3% or the maximum interest rate permitted by law, whichever is less. In addition, the Bond Insurer reserves the right to charge a fee in connection with its review of any such consent, amendment or waiver, whether or not granted or approved. L. The City agrees not to use the Bond Insurer's name in any public document including, without limitation, a press release or presentation, announcement or forum without the Bond Insurer's prior consent; provided however, such prohibition on the use of the Bond Insurer's name shall not relate to the use of the Bond Insurer's standard approved form of disclosure in public documents issued in connection with the Bonds to be issued in accordance with the terms of the Commitment; and provided further such prohibition shall not apply to the 26 Resolution No. R-21-07 WPB/381649602v16/016787.011900 use of the Bond Insurer's name in order to comply with public notice, public meeting or public reporting requirements. M. The City shall not enter into any agreement nor shall it consent to or participate in any arrangement pursuant to which Bonds are tendered or purchased for any purpose (other than the redemption and cancellation or legal defeasance of such Bonds without the prior written consent of the Bond Insurer). SECTION 18. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution or of the Bonds. SECTION 19. FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR ACTS. That the Mayor, the Vice Mayor, the City Manager, the Finance Director, the Treasurer, the City Clerk, the City Attorney and any other authorized official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments, including, but not limited to, any paying agent and registrar agreement, and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution, including, but not limited to, complying with any conditions to obtain the Bond Insurance Policy or Reserve Policy. All actions heretofore taken and documents prepared or executed by or on behalf of the City by any of its authorized officers 27 Resolution No. R-21-07 WPB/381649602v1 6/0 1 6 78 7.011900 in connection with the transactions contemplated hereby, are hereby ratified, confirmed, approved and adopted. SECTION 20. REPEALER. That all resolutions or proceedings, or parts thereof, in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. SECTION 21. EFFECTIVE DATE. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 21st day of August, 2007. Attest: City Clerk The foregoing Resolution is hereby approved by me as to form, language and execution this 21st day of August, 2007. By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor Date of Adoption: August 21, 2007 28 Resolution No. R-21-07 WPB/381649602v16/016787.011900 City of Delray Beach, Florida Utilities Tax Revenue Bonds, Series 2007 LIST OF EXHIBITS TO RESOLUTION NO. R-21-07 Exhibit A 2007 Projects Exhibit B Draft Bond Purchase Agreement Exhibit C Draft Preliminary Official Statement Exhibit D Letter of Recommendation from Public Financial Management Exhibit E Commitment for Bond Insurance and Reserve Policy from MBIA Insurance Corporation Exhibit F Form of Financial Guaranty Agreement Resolution No. R-21-07 Wp8/381649602v1fi/016787.011900 EXHIBIT "A" 2007 Projects Intracoastal Park and Ramp Old School Square Parking Garage and Improvements ESD Building Replacement of Fire Station #4 Miller Park Improvement Pompey Park Senior Center -Western Community Center Senior Center -Western Community Center -Land Acquisition Storm Retention Projects Soccer Complex Catherine Strong Park Swim and Tennis Center Neighborhood Parks And any other municipal capital project in addition to or in replacement of any of the foregoing. Resolution No. R-21-07 WPB/381649602v16/016787.011900 Exhibit B BOND PURCHASE AGREEMENT September _, 2007 City of Dekay Beach, Florida Utilities Tax Revenue Bonds, Series 2007 The City Commission of the City of Delray Beach, Florida 100 N.W. First Avenue Delray Beach, Florida 33444 Ladies and Gentlemen: Bear, Stearns & Co. Inc. (the "Underwriter") offers to enter into the following agreement (the "Purchase Contract") with the City of Delray Beach, Florida (the "City"), which, upon your acceptance of this offer, will be binding upon the City and upon the Underwriter. This offer is made subject to your acceptance on or before 5:00 p.m., Eastern time, on the date hereof and if not so accepted, will be subject to withdrawal by the Underwriter upon notice to the City at any time prior to your acceptance hereof. 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements set forth herein, the Underwriter hereby agrees to purchase from the City for offering to the public, and the City hereby agrees to sell and deliver to the Underwriter for such purpose, all (but not less than all) of the City's $ Utilities Tax Revenue Bonds, Series 2007 (the "Series 2007 Bonds"). The Series 2007 Bonds shall be issued in such principal amounts, shall mature on such dates and in such amounts, shall bear such rates of interest, and shall be subject to optional redemption prior to maturity, all as set forth in Exhibit A attached hereto and incorporated herein by reference. [The Series 2007 Bonds shall not be subject to mandatory redemption.] Interest on the Series 2007 Bonds shall be payable on December 1, 2007, and on each June 1 and December 1 thereafter. The aggregate purchase price of the Series 2007 Bonds is $ (which takes into account a net original issue premium of $ and an Underwriter's discount of $ ), which shall be payable, subject to the terms and conditions hereof, on the Closing Date (as hereinafter defined). The Series 2007 Bonds shall initially be offered to the public at such prices or yields as indicated on Exhibit A attached hereto. The Series 2007 Bonds are being issued pursuant to the Constitution and Laws of the State of Florida, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the City Charter, as amended and supplemented, and other applicable provisions of law, and Resolution No. 98-91 of the City duly adopted on December 3, 1991 (the "Original Resolution"), as amended and supplemented by Resolution No. R-90-02, adopted on December 3, 2002 (the "2002 Resolution"), authorizing the issuance of the City's Utilities Tax Revenue Refunding Bonds, Series 2002 (the "Series 2002 Bonds"), as amended and supplemented by Resolution, No. R-21-07, adopted by the Commission on August 21, 2007, authorizing the issuance of, and, pursuant to the parameters therein, fixing the details of, the Series 2007 Bonds (the "2007 Resolution'. The Original Resolution, the 2002 Resolution and the 2007 Resolution are collectively referred to herein as the "Bond Resolution"). Any capitalized term used herein and not otherwise defined shall have the meaning assigned to such term in the Bond Resolution. The Series 2007 Bonds are limited obligations of the City, payable solely from and secured solely by a pledge of and first priority lien on the Pledged Revenues, which consist of the proceeds of the City's Utilities Tax levied and collected or received by the City and deposited in the Sinking Fund created and established pursuant to the terms and provisions of the Bond Resolution (sometimes hereinafter referred to as the "Pledged Revenues"). The Series 2007 Bonds are being issued on parity with the City's outstanding Series 2002 Bonds. The City is proposing to issue the Series 2007 Bonds to (i) finance and refinance certain municipal projects within the City as more particularly described in the 2007 Resolution (the "2007 Projects") and (ii) pay the costs of issuing the Series 2007 Bonds, including paying the premiums for the financial guaranty insurance policy (the "Bond Insurance Policy' and a debt service reserve fund surety bond (the "Reserve Policy"). The Series 2007 Bonds are being issued as sari passu additional bonds (as defined in the Bond Resolution) pursuant to the provisions of the Bond Resolution. Concurrently with the execution and delivery of the Series 2007 Bonds, there are to be executed and delivered, among other things: (a) the Financial Guaranty Agreement between the City and MBIA Insurance Corporation (the "Insurer") (the "Guaranty Agreement"), and (b) the Paying Agent/Registrar Agreement dated as of September _, 2007 (the "Paying Agent/Registrar Agreement") between the City and Commerce Bank, National Association, as registrar and paying agent for the Series 2007 Bonds (the "Registrar and Paying Agent"). 'T'his Purchase Contract, the Guaranty Agreement and the Paying Agent/Registrar Agreement are sometimes collectively referred to herein as the "City Documents". 2. Good Faith Deposit; Underwriter's Liability. Delivered to you herewith, as a good faith deposit, is a corporate check of the Underwriter payable to the order of the City in the amount of $ as security for the performance by the Underwriter of its obligation to accept and pay for the Series 2007 Bonds at Closing (as defined below) in accordance with the provisions hereof. In the event that you accept this offer, said check will be held uncashed by the City as a good faith deposit. At the Closing, the check will be returned to the Underwriter. In the event you do not accept this offer, the check shall be immediately returned to the Underwriter. If the Underwriter fails (other than for a reason permitted hereunder) to accept and pay for the Series 2007 Bonds at the Closing as provided herein, the check may be cashed by the City and the proceeds retained by the City as full liquidated damages for the failure of the Underwriter to accept and pay for the Series 2007 Bonds at closing and for any and all defaults hereunder on the part of the Underwriter, and the retention of such amounts shall constitute a full release and discharge of all claims and damages for such failure and for any and all such defaults hereunder on the part of the Underwriter, it being understood by both the City and the Underwriter that actual damages in such circumstances may be difficult or impossible to compute. In the event that the City fails to deliver the Series 2007 Bonds at the Closing, or if the City is unable at or prior to the Closing Date to satisfy or cause to be satisfied the conditions to the obligations of the Underwriter contained in this Purchase Contact, or if the obligations of the Underwriter contained herein shall be cancelled or terminated for any reason permitted by this Purchase Contract, the City shall be obligated to immediately return the check to the Underwriter and such return shall constitute a full release and discharge of all claims by the City and the 2 Underwriter arising out of the transaction contemplated herein except for the respective obligations of the City and the Underwriter set forth in Section 8 hereof. 3. Offering. The Underwriter agrees to make a public offering of the Series 2007 Bonds at the initial offering prices [or yields] set forth in Exhibit A attached hereto; provided, however, the Underwriter reserves the right to make concessions to dealers and to change such initial offering prices [or yields] as the Underwriter shall deem necessary in connection with the marketing of the Series 2007 Bonds. It shall be a condition of your obligation to sell and deliver the Series 2007 Bonds to the Underwriter, and the obligation of the Underwriter to purchase and accept delivery of the Series 2007 Bonds, that the entire initial aggregate principal amount of the Series 2007 Bonds shall be sold and delivered by you and accepted and paid for by the Underwriter at the Closing. 4. Preliminary Official Statement and Official Statement. The City hereby confirms that it has heretofore made available to the Underwriter a Preliminary Official Statement of the City relating to the Series 2007 Bonds dated August _, 2007 (which, together with the cover page and appendices contained therein, is herein called the "Preliminary Official Statement"). Within seven business days of the acceptance hereof by the City, the City shall deliver to the Underwriter, at the City's expense such reasonable number of conformed copies of the Official Statement (which, together with the official cover page and appendices contained therein, is herein called the "Official Statement"), as the Underwriter shall reasonably request, which shall be sufficient in number to permit the Underwriter to comply with paragraph (b)(4) of Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission ("SEC") under the Securities Exchange Act of 1934 and with Rule G-32 and all other applicable rules of the Municipal Securities Rulemaking Board. The City, by its acceptance hereof ratifies and approves the deeming final of the Preliminary Official Statement, except for permitted omissions, as of its date and the distribution thereof by the Underwriter and approves and authorizes the Underwriter to use the Official Statement in connection with the public offering and the sale of the Series 2007 Bonds. The City agrees to make no amendments to the Official Statement without the prior written consent of the Underwriter, which consent shall not be unreasonably withheld. In addition, the City will, pursuant to the Rule, undertake, pursuant to the Bond Resolution, to provide certain annual financial and operating information and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the final Official Statement. In accordance with Section 218.385(6), Florida Statutes, the Underwriter hereby discloses the required information as provided in Exhibit B attached hereto. In accordance with 218.385(2) and (3), Florida Statutes, the Underwriter has delivered to the City the Truth-in-Bonding statement, which statement is attached hereto as Exhibit C. 5. Representations, Warranties and Agreements. The City hereby represents, warrants and agrees as follows: a. As of the date of the Preliminary Official Statement and the date of this Purchase Contract and at the time of Closing, the statements and information contained in the Preliminary Official Statement and Official Statement are and will be true, correct and complete in all material respects and the Preliminary Official Statement and Official Statement will not omit any statement or information which should be included therein for the purposes for which the Preliminary Official 3 Statement and Official Statement are to be used or which is necessary to make the statements or information contained therein, in light of the circumstances under which they were made, not misleading (provided, however, that no representation or warranty is being provided with respect to the Insurer, the Bond Insurance Policy, the Reserve Policy or the Depository Trust Company ("DTC") and its book-entry system). b. Between the date of this Purchase Contract and the time of Closing, the City will not execute any bonds, notes or obligations for borrowed money, other than the Series 2007 Bonds, which pledge the Pledged Revenues, without giving prior written notice thereof to the Underwriter. c. The City is, and will be at the Closing Date, duly organized and validly existing as a municipal corporation of the State of Florida, with the powers and authority set forth in the Act (as defined in the Bond Resolution). d. The City has full legal right, power and authority to: (i) enter into the City Documents, (ii) adopt the Bond Resolution, (iii) sell, issue and deliver the Series 2007 Bonds to the Underwriter under the Act as provided herein, and (iv) carry out and consummate the transactions contemplated by the City Documents, the Bond Resolution and the Official Statement, and the City has complied, and at the Closing will be in compliance, in all respects, with the terms of the Act and with the obligations on its part in connection with the issuance of the Series 2007 Bonds contained in the Bond Resolution, the Series 2007 Bonds, and the City Documents. e. By all necessary official action, the City has (i) duly adopted the Bond Resolution, (ii) duly authorized and approved the Official Statement, and (iii) duly authorized and approved the execution and delivery of, and the performance by the City of, the Series 2007 Bonds, the City Documents, the Bond Resolution and all other obligations on its part in connection with the issuance of the Series 2007 Bonds and the consummation by it of all other transactions contemplated by the City Documents and the Official Statement in connection with the issuance of the Series 2007 Bonds; and upon delivery of the Series 2007 Bonds at the Closing, the Bond Resolution and the City Documents will, assuming the due authorization, execution and delivery of the City Documents by the other parties thereto, constitute legal, valid and binding obligations of the Ciry, enforceable in accordance with their terms, subject to applicable bankruptcy, insolvency, and similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity. £ When delivered to and paid for by the Underwriter at the Closing in accordance with the provisions of this Purchase Contract, the Series 2007 Bonds shall be entitled to the benefits of the Bond Resolution in accordance with the provisions of the Bond Resolution, subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity. g. To the best knowledge of the City, the adoption of the Bond Resolution and the authorization, execution and delivery of the City Documents and the Series 2007 Bonds, and compliance with the provisions hereof and thereof, will not conflict with, or constitute a material breach of or default under any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the City was or is subject, as the case may be, nor, to the best knowledge of the City, will such adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of 4 any nature whatsoever upon any of the property or assets of the City, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Bond Resolution. h. At the time of Closing, the City will be in compliance in all respects with the covenants and agreements contained in the Bond Resolution and no event of default and no event which, with the lapse of time or giving of notice, or both, would constitute an event of default under the Bond Resolution, will have occurred or be continuing. i. Except as provided in the Official Statement, all approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the City of its obligations hereunder and its obligations under the Bond Resolution have been obtained and are in full force and effect, except that no representation is made with respect to compliance with any state blue sky or other legal investment laws. j. The City is lawfully empowered to pledge and grant a lien on the Pledged Revenues for payment of the principal of and interest on the Series 2007 Bonds on parity with the Series 2002 Bonds. k. Except as expressly disclosed in the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency or public board or body pending or, to the best knowledge of the City, threatened against the City, affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Series 2007 Bonds or the collection of the Pledged Revenues or the pledge of and lien on the Pledged Revenues, or contesting or affecting as to the City the validity or enforceability in any respect of the Series 2007 Bonds, the Bond Resolution, or the City Documents, or contesting the tax-exempt status of the interest on the Series 2007 Bonds, or contesting the completeness or accuracy of the Official Statement or any supplement or amendment thereto, or contesting the powers of the City or the City Commission (the "Commission") or any authority for the issuance of the Series 2007 Bonds, the adoption of the Bond Resolution or the execution and delivery by the City of the Series 2007 Bonds or the City Documents. 1. The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request in order to (i) qualify the Series 2007 Bonds for offer and sale under the "blue sky" or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate and (ii) determine the eligibility of the Series 2007 Bonds for investment under the laws of such states and other jurisdictions, and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Series 2007 Bonds; provided, however, that the City shall not be required to execute a general or special consent to service of process or qualify to do business or register as a broker/dealer in connection with any such qualification or determination in any jurisdiction. m. The City will not take or omit to take any action which action or omission will in any way cause the proceeds from the sale of the Series 2007 Bonds to be applied in a manner contrary to that provided for in the Bond Resolution, and as described in the Official Statement. 5 n. The City neither is nor has been in default at any time after December 31, 1975, as to principal or interest with respect to an obligation issued or guaranteed by the City. o. As of its date, the Preliminary Official Statement was deemed "final" by the City for the purposes of Section(b)(1) of the Rule, except for the omission of certain matters permitted thereby, by execution of the appropriate certificate by a duly authorized officer of the City. p. If, after the date of this Purchase Contract and until the earlier of (i) ninety (90) days from the end of the "underwriting period" (as defined in the Rule) or (ii) the time when the Official Statement is available to any person from a nationally recognized repository, but in no case less than twenty-five (25) days following the end of the underwriting period, any event shall occur which might or would cause the Official Statement, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the City shall, if it has knowledge of such event, notify the Underwriter thereof and, if in the opinion of the Underwriter such event requires the preparation and publication of a supplement or amendment to the Official Statement, the City will at its own expense (unless such untrue statement was provided by the Insurer, DTC or the Underwriter), forthwith prepare and furnish to the Underwriter a sufficient number of copies of an amendment of or supplement to the Official Statement (in form and substance satisfactory to the Underwriter) which will supplement or amend the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances existing at such time, not misleading. The City has been informed by the Underwriter that the end of the underwriting period shall be the business day after the Closing Date. q. Any certificate signed by any official of the City and delivered to the Underwriter shall be deemed a representation and warranty by the City to the Underwriter as to the truth of the statements therein contained. r. The City has never failed to comply with any prior continuing disclosure obligation arising out of the Rule. 6. Closing. At noon, local time, on September _, 2007 (the "Closing Date"), or at such time on such earlier or later date as shall be agreed upon, the City will, subject to the terms and conditions hereof deliver to DTC pursuant to DTC's "FAST" system of registration the Series 2007 Bonds in permanent form, duly executed, and will deliver the other documents herein mentioned at a location mutually agreed upon by the City and the Underwriter; and the Underwriter will pay the purchase price of the Series 2007 Bonds as set forth in Section 1 hereof, by immediately available funds, payable to the order of the City, and thereupon the City shall deliver the Good Faith Check (uncashed) described in Section 2 hereof to the Underwriter. This delivery and payment is herein called the "Closing." 7. Closing Conditions. The Underwriter has entered into this Purchase Contract in reliance upon the representations and warranties of the City herein contained and the performance by the City of its obligations hereunder, both as of the date hereof and as of the time of Closing. The obligations of the Underwriter under this Purchase Contract are and shall be subject to each of the following conditions, and the obligations of the City shall be subject to the City receiving the items described in conditions (fl(ii), (f)(iv), (f)(vii) through (f)(x): 6 a. The representations and warranties of the City contained herein shall be true and correct as of the date hereof and as of the Closing Date, as if made on the Closing Date. b. The City shall have performed all agreements of the City required to be performed under the Bond Resolution and this Purchase Agreement prior to or on the Closing Date. c. At the time of the Closing, the Bond Resolution shall be in full force and effect in accordance with its terms and shall not have been amended, modified or supplemented, and the Official Statement shall not have been supplemented or amended, except in any such case as may have been agreed to by the Underwriter. d. At the time of the Closing, all official action of the City relating to the City Documents, the Bond Resolution, the Official Statement and the Series 2003 Bonds shall be in full force and effect in accordance with their respective terms and shall not have been amended, modified or supplemented in any material respect, except in each case as may have been agreed to by the Underwriter. e. The Underwriter shall have the right to cancel the agreement contained herein to purchase, to accept delivery of and to pay for the Series 2007 Bonds by notifying you in writing of their intention to do so if i. between the date hereof and the Closing Date, legislation shall have been enacted by the Congress of the United States ("Congress"), or recommended to the Congress fox passage by the President of the United States, or favorably reported for passage to either House of Congress by any Committee of such House, or passed by either House of Congress, or a decision shall have been rendered by a court of the United States or the United States Tax Court, or a ruling shall have been made or a regulation shall have been proposed or made by the Treasury Department of the United States or the Internal Revenue Service, with respect to the federal taxation of interest received on obligations of the general character of the Series 2007 Bonds, which, in the opinion of Counsel for the Underwriter has, or will have, the effect of making such interest subject to inclusion in gross income for purposes of federal income taxation, or ii. between the date hereof and the Closing Date, legislation shall be enacted or any action shall be taken by the Securities and Exchange Commission which has the effect of requiring the contemplated issuance or distribution of the Series 2007 Bonds to be registered under the Securities Act of 1933, as amended, or of requiring the Bond Resolution to be qualified under the Trust Indenture Act of 1939, as amended, or iii. an event described in paragraph (p) of Section 5 hereof shall have occurred which requires an amendment or supplement to the Official Statement and which, in the reasonable opinion of the Underwriter, adversely affects the marketability of the Series 2007 Bonds or the market price thereof, or iv. in the reasonable opinion of the Underwriter, payment for the delivery of the Series 2007 Bonds is rendered impracticable or inadvisable because (A) trading in securities generally shall have been suspended on the New York Stock Exchange, Inc., or (B) a general banking moratorium shall have been established by Federal, New York or Florida 7 authorities, or (C) a war or terrorist act involving the United States or other national calamity shall have occurred or been declared, or there shall have been a material escalation of current military hostilities or threat thereof, or v. an order, decree or injunction of any court of competent jurisdiction, or any order, ruling, regulation or administrative proceeding by any governmental body or board, shall have been issued or commenced, or any legislation enacted, with the purpose or effect of prohibiting the issuance, offering or sale of the Series 2007 Bonds as contemplated hereby or by the Official Statement or prohibiting the performance of the Bond Resolution, or vi. the City has, without the prior written consent of the Underwriter, offered or issued any bonds, notes ox other obligations for borrowed money, or incurred any material liabilities, direct or contingent, other than as described in the Official Statement, in either case payable from the Pledged Revenues, or vii. the President of the United States, the Office of Management and Budget, the Department of Treasury, the Internal Revenue Service or any other governmental body, department, agency or commission of the United States or the State of Florida shall take or propose to take any action or implement or propose regulations, rules or legislation which, in the reasonable judgment of the Underwriter, materially adversely affects the market price or marketability of the Series 2007 Bonds or causes any material information in the Official Statement, in light of the circumstances under which it appears, to be misleading in any material respect, or viii. any executive order shall be announced, or any legislation, ordinance, rule or regulation shall be proposed by or introduced in, or be enacted by any governmental body, department, agency or commission of the United States or the State of Florida or the State of New York, having jurisdiction over the subject matter, or a decision by any court of competent jurisdiction within the United States or within the State of Florida or the State of New York shall be rendered which, in the reasonable judgment of the Underwriter, materially adversely affects the market price or marketability of the Series 2007 Bonds or causes any information in the Official Statement to be misleading in any material respect, or ix. prior to Closing, Moody's Investor's Service, Inc. ("Moody's") or Standard & Poor's Public Finance Rating Services, a division of McGraw-Hill Companies ("S&P"), shall inform the Ciry or the Underwriter that the Series 2007 Bonds will not be rated at least "Aaa" and "AAA" respectively, or the Insurer shall inform the City or the Underwriter that it will not deliver its Bond Insurance Policy or Reserve Policy on the Closing Date, or x. prior to Closing, there has been an adverse change of a material nature in the financial position, results of operations or condition, financial or otherwise, of the City, in either case other than in the ordinary course of its business or as disclosed in the Official Statement and such action will, in the reasonable opinion of the Underwriter, materially adversely affect the marketability of the Series 2007 Bonds or the market price thereof. £ At or prior to the Closing Date, the Underwriter shall receive the following documents: 8 i. The Bond Resolution certified by the City Clerk under seal as having been duly adopted by the City and as being in effect, with such supplements, modifications or amendments as may have been agreed to by the Underwriter. ii. A final approving opinion of Greenberg Traurig, P.A., Bond Counsel, addressed to the City, dated the date of the Closing, in substantially the form included in the Official Statement as Appendix D. iii. A letter of Bond Counsel addressed to the Underwriter and the Insurer, and dated the Closing Date, to the effect that their final approving opinion referred to in Section 7(~(ii) hereof may be relied upon by the Underwriter and the Insurer to the same extent as if such opinion were addressed to the Underwriter and the Insurer. iv. An opinion of Susan A. Ruby, Esquire, City Attorney, addressed to the Ciry, the Underwriter and the Insurer, and dated the date of the Closing, substantially to the effect that: (1) the Ciry is a municipal corporation duly existing under the Constitution and laws of the State of Florida and has good right and lawful authority to adopt the Bond Resolution, execute and deliver the City Documents, issue the Series 2007 Bonds, to secure the Series 2007 Bonds in the manner provided in the Bond Resolution, to carry out its powers under the Act and to perform all of its obligations under the Bond Resolution, the Series 2007 Bonds and the City Documents; (2) the Bond Resolution has been duly adopted by the City and the Series 2007 Bonds and the City Documents have been duly authorized, executed and delivered by the City, and the Bond Resolution and the Series 2007 Bonds, when duly authenticated, and the City Documents, when duly executed by the other parties thereto constitute valid, legal and binding agreements of the City enforceable in accordance with their respective terms; provided, however, the enforceability thereof may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally; (3) no consent, waiver or any other action by any person, board or body, public or private, other than the approval of the City which has been duly and validly obtained, is required as of the date hereof for the City to issue the Series 2007 Bonds or adopt the Bond Resolution, or to execute and deliver the Ciry Documents, or to perform its obligations under any of the foregoing, except she need not express any opinion regarding any blue sky or legal investment laws; (4) to the best of her knowledge, the adoption of the Bond Resolution, and the execution and delivery of the City Documents and the Series 2007 Bonds and compliance with the provisions of each do not and will not conflict with or constitute a breach of or default under any applicable law or administrative regulation of the State of Florida, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the City is a part or is otherwise subject; (5) except as otherwise disclosed in the Official Statement, there is no litigation or proceeding, pending or, to the best of her knowledge, threatened, challenging the 9 creation, organization or existence of the City or the validity of the Series 2007 Bonds, or the City Documents or seeking to restrain or enjoin any of the transactions referred to therein or contemplated thereby, or which, in any manner, questions the right of the City to issue the Series 2007 Bonds, or to pledge the Pledged Revenues for repayment of the Series 2007 Bonds; (6) there is no litigation or proceeding pending to which the City is a party, the ultimate disposition of which would have a material adverse effect on the finances or operations of the City or its ability to meet its obligations with respect to the Series 2007 Bonds; (7) nothing has come to her attention that would lead her to believe that the Official Statement as of its date or as of the date hereof contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (except such opinion may exclude information regarding DTC, its book-entry system, the Insurer, the Bond Insurance Policy, the Reserve Policy and any financial or statistical data); (8) the Official Statement has been duly authorized, executed and delivered by the City, and the City has consented to the use thereof by the Underwriter; (9) the City is lawfully empowered to pledge and grant a lien on the Pledged Revenues, for the payment of the principal of and interest on the Series 2007 Bonds; and (10) the City is in full statutory compliance with all provisions relating to the imposition and collection of the Utilities Tax (as defined in the Bond Resolution). v. A certificate, which shall be true and correct at the time of Closing, signed by the City Manager and the Finance Director or such other officials satisfactory to the Underwriter, and in form and substance satisfactory to the Underwriter, to the effect that, to the best of their knowledge and belief (1) the representations, warranties and covenants of the City contained herein are true and correct in all material respects as of the Closing Date and that the City has satisfied all conditions to be performed or satisfied hereunder at or prior to Closing; (2) the Official Statement did not as of its date, and does not as of the Closing Date, contain any untrue statement of a material fact or omit to state a material fact which should be included therein for the purposes fox which the Official Statement is to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading (provided, that no opinion need be expressed regarding the information contained therein relating to the Insurer, the Bond Insurance Policy, the Reserve Policy, DTC and its book-entry system); (3) that, except as disclosed in the Official Statement, no litigation or other proceedings are pending or, to their knowledge, threatened against the City in any court or other tribunal of competent jurisdiction, State or Federal, in any way (i) restraining or enjoining the issuance, sale or delivery of any of the Series 2007 Bonds, or (ii) questioning or affecting the validity of the City Documents, the Series 2007 Bonds, the Bond Resolution or the pledge by the City to the Bondholders of the Pledged Revenues, or (iii) questioning or affecting the validity of any of the proceedings for the authorization, sale, execution, issuance or delivery of the Series 2007 Bonds or 10 (iv) questioning or affecting (A) the organization or existence of the City or the title to office of the officers thereof or (B) the power or authority of the City to receive the Pledged Revenues or (v) asserting that the Preliminary Official Statement or the Official Statement contains any untrue statement of a material fact or omits any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; (4) that except as disclosed in the Official Statement, the City is not in default nor has been in default at anytime after December 31, 1975 as to principal or interest with respect to any obligation issued or guaranteed by the City; (5) that no event affecting the City has occurred since the date of the Official Statement that should be disclosed in the Official Statement for the purposes for which it is to be used or that is necessary to be disclosed therein in order to make the statements and information therein not misleading in any material respect; and (6) that since the date of the financial statements included in the Official Statement, (i) no material adverse change has occurred in the financial condition of the City and (ii) the City has not incurred any material liabilities other than in the ordinary course of business, except as set forth in or contemplated by the Official Statement. vi. An opinion of Greenberg Traurig, P.A., as Bond Counsel, addressed to the City and the Underwriter, and dated the Closing Date, to the effect that: (1) with respect to the information in the Official Statement and based upon said firm's review of the Official Statement, as Bond Counsel: (A) it is of the opinion that the information in the Official Statement under the headings "INTRODUCTION," "DESCRIPTION OF THE SERIES 2007 BONDS" "SECURITY FOR THE SERIES 2007 BONDS," "CONTINUING DISCLOSURE UNDERTAKING," (except for the financial and statistical data contained in any such headings, as to which no view need be expressed), and "APPENDIX C -Summary of Certain Provisions of the Resolution" insofar as such information purports to be descriptions or summaries of the Bond Resolution, the Series 2007 Bonds or state and federal laws to the extent indicated therein, are accurate and fair statements or summaries of the matters set forth or the documents referred to therein; and (B) the statements on the cover page and under the section captioned "TAX EXEMPTION" insofar as such statements summarize certain provisions of the tax law, regulations, rulings and notices, are fair and accurate statements of the provisions so summarized and accurately reflect Bond Counsel's opinion with respect to the exemptions from taxation applicable to the Series 2007 Bonds; and (2) the Series 2007 Bonds are exempt from registration under the Securities Act of 1933, as amended, and the Bond Resolution is exempt from qualification as an indenture under the Trust Indenture Act of 1939, as amended. vii. A certificate of an authorized representative of the Registrar and Paying Agent, to the effect that: (1) the Registrar and Paying Agent is a national banking association duly organized, validly existing and in good standing under the laws of the United States of America and is duly authorized to exercise trust powers in the State of Florida; 11 (2) the Registrar and Paying Agent has all the requisite authority, power, licenses, permits and franchises, and has full corporate power and legal authority to execute and perform its functions under the Bond Resolution, the Paying Agent/Registrar Agreement and any other documents to which it is a party (herein, the "Bank Documents'; (3) the performance by the Registrar and Paying Agent of its functions under the Bond Resolution and the Bank Documents will not result in any violation of the Articles of Association or Bylaws of the Registrar and Paying Agent, any court order to which the Registrar and Paying Agent is subject or any agreement, indenture or other obligation or instrument to which the Registrar and Paying Agent is a party or by which the Registrar and Paying Agent is bound, and no approval or other action by any governmental authority or agency having supervisory authority over the Registrar and Paying Agent is required in order for the Registrar and Paying Agent to perform its functions under the Bond Resolution and the Bank Documents; (4) the Bank Documents constitute valid and binding obligations of the Registrar and Paying Agent in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity; and (5) to the best of such authorized representative's knowledge, there is no action, suit, proceeding, or investigation at law or in equity before any court, public board or body pending or, to his or her knowledge, threatened against or affecting the Registrar and Paying Agent wherein an unfavorable decision, ruling or finding on an issue raised by any party thereto is likely to materially and adversely affect the ability of the Registrar to perform its obligations under the Bond Resolution and the Bank Documents. viii. Letters of Moody's and S&P to the effect that the Series 2007 Bonds have been assigned a rating no less favorable than "Aaa" and "AAA" respectively, which ratings shall be in effect as of the Closing Date, each with the understanding that the Insurer will issue the Bond Insurance Policy and Reserve Policy upon delivery of the Series 2007 Bonds, and letters from Moody's assigning an underlying rating of "" and from S&P assigning an underlying rating of "_" to the Series 2007 Bonds, without regard to any insurance policy. ix. Duly executed copies of the Bond Insurance Policy, the Reserve Policy, the City Documents and the Bank Documents in form acceptable to the Underwriter and Bond Counsel. x. An opinion of general counsel to the Insurer and a certificate of an officer of the Insurer dated the date of the Closing and addressed to the Underwriter and the City, concerning the Insurer, the Bond Insurance Policy, the Reserve Policy, and the information relating to the Insurer, the Bond Insurance Policy, and the Reserve Policy, contained in the Official Statement, in form and substance satisfactory to the Underwriter. xi. A certificate executed by the Finance Director dated the Closing Date, satisfactory to Bond Counsel setting forth the facts, estimates and circumstances which establish that it is not expected that the proceeds of the Series 2007 Bonds will be used in a manner that would cause the Series 2007 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the 12 "Code', and to the best of the knowledge and belief of such officer, such expectations are reasonable. xii. A letter of representations of the City to DTC. xiii. Internal Revenue Service Form 8038-G. xiv. State of Florida Division of Bond Finance Form BF2003/2004-B. xv. A Rule 15c2-12 Certificate pursuant to which the City "deems final" the Preliminary Official Statement, except for permitted omissions, and consents to the Underwriter's use thereof and the information contained therein. xvi. The opinion of Greenberg Traurig, P.A., as Disclosure Counsel, dated the date of the closing, in form and substance reasonably satisfactory to the Underwriter and addressed to the City and the Underwriter. In lieu of addressing the opinion to the Underwriter, Disclosure Counsel may provide the Underwriter a "reliance letter". xvii. Such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably request to evidence the truth and accurary, as of the date hereof and as of the date of the Closing, of the City's representations contained herein and of the statements and information contained in the Official Statement and the due performance or satisfaction by the City on or prior to the date of Closing of all the agreements then to be performed and conditions then to be satisfied by it. If the City shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Series 2007 Bonds contained in this Purchase Contract and the Underwriter does not waive such inability in writing, or if the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Series 2007 Bonds shall be terminated for any reason permitted by this Purchase Contract, this Purchase Contract shall terminate, the good faith deposit described in Section 2 hereof shall be returned to the Underwriter and neither the Underwriter nor the City shall be under any further obligation hereunder, except that the respective obligations of the City and the Underwriter set forth in Section 8 hereof shall continue in full force and effect. 8. Expenses. The Underwriter shall be under no obligation to pay, and the City shall pay, any expense incident to the performance of the City's obligations hereunder including, but not limited to: (a) the cost of preparation, printing and delivery of the Bond Resolution; (b) the cost of preparation and printing of the Series 2007 Bonds; (c) the fees and expenses of Bond Counsel and Disclosure Counsel; (d) the fees and expenses of Public Financial Management, Inc., the City's financial advisor for the Series 2007 Bonds; (e) the fees and disbursements of any other experts, consultants or advisors retained by the City; (f) fees for bond ratings; (h) the fees and expenses of the Registrar and Paying Agent; and (h) the costs of preparing, printing and delivering the Preliminary Official Statement and the Official Statement and any supplements or amendments thereto. The Underwriter shall pay: (a) the cost of printing and delivery of this Purchase Contract; (b) the cost of all "Blue Sky" and legal investment memoranda and related filing fees, if any; (c) all advertising expenses; and (d) all other expenses incurred by it in connection with the public offering of the Series 2007 Bonds including the fees and disbursements of counsel for the Underwriter. In 13 the event that either party shall have paid obligations of the other as set forth in this Section 8, adjustment shall be made at the time of the Closing. 9. Notices. Any notice or other communication to be given to you under this Purchase Contract may be given by mailing the same to the attention of the City Manager, at the address set forth on the first page hereof, and any such notice or other communication to be given to the Underwriter may be mailed to Bear, Stearns & Co. Inc., 225 N.E. Mizner Blvd., Boca Raton, Florida 33483, Attention: J.W. Howard. 10. Parties in Interest. This Purchase Contract is made solely for the benefit of the City and the Underwriter and no other party or person shall acquire or have any right hereunder or by virtue hereof. All of the City's representations, warranties and agreements in this Purchase Contract shall remain operative and in full force and effect and to the extent applicable shall survive the delivery of the Series 2007 Bonds. 11. Waiver. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the City hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriter may be waived by the Underwriter, and the approval of the Underwriter when required hereunder or the determination of their satisfaction as to any document referred to herein shall be evidenced by its purchase of the Series 2007 Bonds. 12. No Liability. Neither the Commission, nor any of the members thereof, nor any officer, agent or employee thereof shall be charged personally by the Underwriter with any liability, or held liable to the Underwriter under any term or provision of this Purchase Contract because of its execution or attempted execution, or because of any breach or attempted or alleged breach thereof. 13. Governing Law. This Purchase Contract, and the terms and conditions herein, shall constitute the full and complete agreement between the City and the Underwriter with respect to the purchase and sale of the Series 2007 Bonds. This Purchase Contract shall be governed by and construed in accordance with the laws of the State of Florida. 14. Operation of Warranties, Etc. All the representations, warranties, covenants and agreements of the City in this Purchase Contract shall remain operative and in full force and effect as if made on the date hereof and the Closing Date, regardless of (i) any investigation made by or on behalf of the Underwriter or Counsel to the Underwriters or (ii) delivery of and any payment for the Series 2007 Bonds hereunder. 15. Section Headings. Section headings have been inserted in this Purchase Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Purchase Contract and will not be used in the interpretation of any provisions of this Purchase Contract. 16. Severability. If any provision of this Purchase Contract shall be held or deemed to be, or shall in fact be, invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions, or in all jurisdictions because it conflicts with any provisions of any constitution, statute, or rule of public policy, or for any other reasons, such circumstances shall not have the effect of rendering the provision in question invalid, inoperative or unenforceable in any 14 other case or circumstances, or of rendering any other provision or provisions of this Purchase Contract invalid, inoperative or unenforceable to any extent whatever. 17. Execution of Counterparts. This Purchase Contract may be executed in any number of counterparts, all of which taken together shall be one and the same instrument, and any parties hereto may execute this Purchase Contract by signing any such counterpart. The execution of this Purchase Contract has been duly authorized by the Commission. 18. Effectiveness. This Purchase Contract shall become effective upon the execution by the appropriate City official of the acceptance hereof by the City and shall be valid and enforceable at the time of such acceptance. Very truly yours, By: Accepted this _ day of September, 2007 on behalf of the City of Delray Beach, Florida By: Mayor BEAR, STEARNS & CO. INC. J.W. Howard, Managing Director 15 EXHIBIT A MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES, AND PRICES OR YIELDS $ SERIES 2007 BONDS Maturities Principal Interest Price or (October 11 Amounts Rates Yield Redemption Optional Redemption. The Series 2007 Bonds maturing on June 1, 2018 and thereafter axe subject to redemption, at the option of the City prior to maturity on or after June 1, 2017, in whole at any time or in part from time to time on the first day of any month in such manner as shall be determined by the City, at a redemption price equal to the principal amount of the Series 2007 Bonds to be redeemed together with accrued interest to the date fixed for redemption. If less than all of the Series 2007 Bonds are called for redemption, the Series 2007 Bonds to be redeemed shall be selected in such manner as the City, in its discretion, shall determine, and if less than all of a maturity shall be called for redemption, the Series 2007 Bonds to be redeemed shall be selected by lot within such maturity. [Mandatory Redemptionl A-1 EXHIBIT B DISCLOSURE STATEMENT The City Commission of the City of Delray Beach, Florida 100 N.W. First Avenue Delray Beach, Florida 33444 Re: $ ,City of Delray Beach, Florida Utilities Tax Revenue Bonds, Series 2007 Ladies and Gentlemen: In connection with the proposed issuance by the City of Delray Beach, Florida of $ of its Utilities Tax Revenue Bonds, Series 2007 Bonds, (the "Series 2007 Bonds"), Bear, Steams & Co. Inc. (the "Underwriter") is underwriting a public offering of the Series 2007 Bonds. The purpose of this letter is to furnish, pursuant to the provisions of Section 218.385(6), Florida Statutes, certain information in respect of the arrangements contemplated for the underwriting of the Series 2003 Bonds as follows: A. The nature and estimated amount of expenses to be incurred by the Underwriter in connection with the purchase and reoffering of the Series 2007 Bonds are set forth in Schedule I attached hereto. B. No person has entered into an understanding with the Underwriter, or to the knowledge of the Underwriter, with the City, for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or implied, to act solely as an intermediary between the City and the Underwriter or to exercise or attempt to exercise any influence to effect any transaction in the purchase of the Series 2007 Bonds. C. The underwriting spread, the difference between the price at which the Series 2007 Bonds will be initially offered to the public by the Underwriter and the price to be paid to the City for the Series 2007 Bonds, will be $ per $1,000 of Series 2007 Bonds issued. D. The Underwriter will not charge a management fee. E. No other fee, bonus or other compensation is estimated to be paid by the Underwriter in connection with the issuance of the Series 2007 Bonds to any person not regularly employed or retained by the Underwriter (including any "finder" as defined in Section 218.386(1)(a), Florida Statutes), except as specifically enumerated as expenses to be incurred by the Underwriter, as set forth in Paragraph (A) above. B-1 We understand that you do not require any further disclosure from the Underwriter, pursuant to Section 218.385(6), Florida Statutes. BEAR, STEARNS & CO. INC. 225 N.E. Mizner Boulevard Boca Raton, Florida 33432 By: J.W. Howard, Managing Director B-2 SCHEDULE I UNDERWRITERS ESTIMATED EXPENSES (uer $1,000. Dollar Amount Average Takedown Underwriter's Counsel I IP Fee iZalcomb F.1 metro i Order Fee DTC 1~Mi~ Dalnet L~ Miscellaneous x ns Total Expenses B-3 EXHIBIT C TRUTH-IN BONDING STATEMENT The following truth-in-bonding statement is prepared pursuant to Section 218.385(2) and (3), Florida Statutes, and is for informational purposes only. It shall not affect or control the actual terms and conditions of the debt or obligations. The City of Delray Beach, Florida (the "City") is proposing to issue $ of City of Delray Beach, Utilities Tax Revenue Bonds, Series 2007 Bonds, (the "Series 2007 Bonds") for the purpose of providing funds to: (i) finance and refinance certain municipal projects within the City as more particularly described in the 2007 Resolution and (ii) pay the costs of issuing the Series 2007 Bonds, including paying the premiums for the Bond Insurance Policy and the Reserve Policy. The Series 2007 Bonds are expected to be repaid over a period of approximately _ years. At the interest rates set forth in Exhibit A of the Purchase Contract, total interest paid over the life of the Series 2007 Bonds will be approximately $ The Series 2007 Bonds are limited obligations of the City, payable solely from and secured solely by a pledge of and first priority lien on the Pledged Revenues, which consist of the proceeds of the Ciry's Utilities Tax levied and collected or received by the Ciry and deposited in the Sinking Fund created and established pursuant to the terms and provisions of the Bond Resolution (the "Pledged Revenues"). Authorizing the Series 2007 Bonds will result in $ of Pledged Revenues not being available to finance other projects of the City each year for approximately 25 years. Exhibit C PRELIMINARY OFFICIAL STATEMENT DATED AUGUST _, 2007 RATINGS: S&P: "AAA" Moody's: "Aaa" NEW ISSUE: FULL BOOK ENTRY (MBIA Insured) S&P: "A" Moody's "A2" (Underlying Ratings) (See "RATINGS" herein) In the opinion of Bond Counsel under existing law, and assuming compliance with the tax covenants described herein, interest on the Series 2007 Bonds (as defined below) is excluded from gross income for federal income tax purposes, and is not a specific preference item for purposes of the federal alternative minimum tax. See however, "TAX EXEMPTION" herein for a description of certain other taxes imposed on corporations. Bond Counsel is also of the opinion that the Series 2007 Bonds and the interest thereon are exempt from taxation under existing laws of the State of Florida, except as to estate taxes and taxes imposed by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations, banks and savings associations. [INSERT DELRAY LOGO] CITY OF DELRAY BEACH, FLORIDA Utilities Tax Revenue Bonds, Series 2007 Dated: Date of Delivery Due: June 1, as shown on the Inside Cover The City of Delray Beach, Florida Utilities Tax Revenue Bonds, Series 2007 (the "Series 2007 Bonds") will be issued as fully registered bonds without coupons in principal denominations of $5,000 or any integral multiples thereof. The Series 2007 Bonds will be registered in the name of Cede & Co., as nominee for the Depository Trust Company ("DTC"), New York, New York, and DTC will act as securities depository for the Series 2007 Bonds. So long as Cede & Co. is the registered owner of the Series 2007 Bonds, principal of, premium, if any, and interest on the Series 2007 Bonds will be paid directly to Cede & Co., as nominee for DTC, by Commerce Bank, National Association, having a designated corporate trust office in Jacksonville, Florida, as paying agent for the Series 2007 Bonds (the "Paying Agent"). Interest on the Series 2007 Bonds is payable semi-annually, commencing December I, 2007 and each June I and December 1 thereafter. The Series 2007 Bonds are subject to redemption prior to maturity as described herein. See "Description of the Series 2007 Bonds -Redemption Provisions," herein. The proceeds of the Series 2007 Bonds will be used by the City of Delray Beach, Florida (the "City") to (i) finance and refinance certain municipal projects within the City as more particularly described in the herein defined 2007 Resolution (the "2007 Projects") and (ii) pay the costs of issuing the Series 2007 Bonds, including the premiums for the financial guaranty insurance policy (the "Bond Insurance Policy") and a debt service reserve fund surety bond (the "Reserve Policy"). The Series 2007 Bonds are limited obligations of the City, payable solely from and secured solely by a pledge of and first priority lien upon the Pledged Revenues (which consist of the proceeds of the City's Utilities Tax (as defined herein) deposited in the Sinking Fund (as defined herein) on parity with the City's outstanding Utilities Tax Revenue Refunding Bonds, Series 2002 (the "Series 2002 Bonds" and together with the Series 2007 Bonds and any pari passu additional bonds, the "Bonds"), in the manner herein described. The Series 2007 Bonds and the interest thereon shall not be and shall not constitute an indebtedness of the City or of the State of Florida or any political subdivision thereof within the meaning of any constitutional, statutory, charter or other limitation of indebtedness, and neither the full faith and credit nor the taxing powers of the State of Florida or the City or any political subdivision thereof are pledged as security for the payment of the principal of or interest on the Series 2007 Bonds and no holder or holders of any Series 2007 Bonds shall ever have the right to compel the exercise of the ad valorem taxing powers of the City, or taxation in any form of any real property therein to pay the principal of the Series 2007 Bonds or interest thereon. The scheduled payment of principal of and interest on the Series 2007 Bonds when due will be guaranteed under the Bond Insurance Policy to be issued concurrently with the delivery of the Series 2007 Bonds by: MBIA LOGO For a discussion of the terms and provisions of the Bond Insurance Policy, including the limitations thereof, see "BOND INSURANCE," herein. The Series 2007 Bonds will also be secured by the Reserve Policy. This cover page contains certain information for quick reference only. It is not a summary of the issue. Investors must read this entire Official Statement to obtain information essential to the making of an informed investment decision. The Series 2007 Bonds are offered subject to prior sale when, as and if issued by the City and accepted by the Underwriter, and subject to approval as to legality by Greenburg Traurig, P.A., West Palm Beach, Florida, Bond Counsel to the City, and certain other conditions. Certain legal matters will be passed on for the City by its City Attorney, Susan A. Ruby, Esq. Certain legal matters will be passed upon for the Underwriter named below by its counsel, Moskowitz, Mandell, Salim & Simowitz, P.A., Fort Lauderdale, Florida. Public Financial Management, Inc., Orlando, Florida, served as f nancial advisor to the City in connection with the issuance of the Series 2007 Bonds. Greenberg Traurig, P.A., West Palm Beach, Florida also served as disclosure counsel. It is expected that the Series 2007 Bonds in definitive form will be available for delivery through the facilities of DTC in New York, New York, on or about , 2007. BEAR, STEARNS & CO. INC. Dated: , 2007 WP8/381657421 v22/016787.011900 MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES, PRICES OR YIELDS AND INITIAL CUSIP NUMBERS INITIAL Maturity Principal Interest CUSIP (June 1) Amount* Rate Price or Yield NUMBERS** Preliminary, subject to change. ** The City is not responsible for the use of CUSIP numbers, nor is any representation made as to their correctness. They are included solely for the convenience of the readers of this Official Statement. WPB/381657421 v22/016787.011900 CITY OF DELRAY BEACH, FLORIDA 100 N.W. lgt Avenue Delray Beach, Florida 33444 CITY COMMISSION Rita Ellis, Mayor Fred Fetzer, Vice Mayor Brenda Montague, Deputy Vice Mayor Gary Eliopoulos, Commissioner Nelson McDuffie, Commissioner CITY OFFICIALS David T. Harden, City Manager Joseph M. Safford, Finance Director Rebecca S. O'Connor, Treasurer Richard C. Hasko, Director of Environmental Services Randal L. Krejcarek, City Engineer Chevelle D. Nubin, City Clerk CITY ATTORNEY Susan A. Ruby, Esquire BOND COUNSEL/DISCLOSURE COUNSEL Greenberg Traurig, P.A. West Palm Beach, Florida FINANCIAL ADVISOR Public Financial Management, Inc. Orlando, Florida WPB/381657421 v22/016787.011900 No dealer, broker, salesperson or other person has been authorized by the City or the Underwriter to give any information or to make any representations with respect to the Series 2007 Bonds other than those contained in this Official Statement and, if given or made, such information or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 2007 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from public documents, records and other sources which are believed to be reliable but it is not guaranteed as to accuracy or completeness, and is not to be construed as a representation by the Underwriter. The City makes no representation as to any information from sources other than the information provided by the City. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale of Series 2007 Bonds, under any circumstances, create any implication that there has been no change in any information set forth herein since the date hereof or the date as of which particular information is given, if earlier. This Official Statement is not to be construed as a contract or agreement between the City or the Underwriter and the purchasers or owners, from time to time, of any of the Series 2007 Bonds. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 2007 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. The following Official Statement contains a general description of the Series 2007 Bonds and sets forth certain information about the City. All summaries and descriptions herein of documents, instruments and agreements, including the Series 2007 Bonds, are qualified in their entirety by reference to the complete, definitive forms of the Series 2007 Bonds and such documents, instruments and agreements, copies of which are on file at the office of the City's Director of Finance. THE SERIES 2007 BONDS HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF 1933, AS AMENDED, NOR HAS THE RESOLUTION (AS DEFINED HEREIN) BEEN QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939, AS AMENDED, IN RELIANCE UPON EXEMPTIONS CONTAINED IN SUCH ACTS. THE REGISTRATION OR QUALIFICATION OF THE SERIES 2007 BONDS IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE SECURITIES LAWS OF CERTAIN STATES, IF ANY, IN WHICH THE SERIES 2007 BONDS HAVE BEEN REGISTERED OR QUALIFIED AND THE EXEMPTION FROM REGISTRATION OR QUALIFICATION IN CERTAIN OTHER STATES CANNOT BE REGARDED AS A RECOMMENDATION THEREOF. NEITHER THESE STATES NOR ANY OF THEIR AGENCIES HAVE PASSED UPON THE MERITS OF THE SERIES 2007 BONDS OR THE ACCURACY OR COMPLETENESS OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. WPB/381657421 v22/016787.011900 Other than with respect to information concerning MBIA Insurance Corporation (the "Bond Insurer" or "MBIA") contained under the caption "BOND INSURANCE," "APPENDIX E -Specimen Financial Guaranty Insurance Policy" and "APPENDIX F -Specimen Debt Service Reserve Surety Bond" herein, none of the information in this Official Statement has been supplied or verified by the Bond Insurer and the Bond Insurer makes no representation or warranty, express or implied, as to (i) the accuracy or completeness of such information; (ii) the validity of the Series 2007 Bonds; or (iii) the tax-exempt status of the interest on the Series 2007 Bonds. FORWARD LOOKING STATEMENTS Certain statements contained herein that are not purely historical, are forward-looking statements, including statements regarding the City's expectations, hopes, intentions, or strategies regarding the future. Readers should not place undue reliance on forward-looking statements. All forward-looking statements included herein are based on information available on the date hereof, and the City and Underwriter assume no obligation to update any such forward-looking statements. Such forward-looking statements are necessarily based on various assumptions and estimates and are inherently subject to various risks and uncertainties, including risks and uncertainties relating to the possible invalidity of the underlying assumptions and estimates and possible changes or developments in social, economic, business, industry, market, legal, and regulatory circumstances and conditions and actions taken or omitted to be taken by third parties. Assumptions related to the foregoing involve judgments with respect to, among other things, future economic conditions which are difficult or impossible to predict accurately and are beyond the control of the City and the Underwriter. Actual results could differ materially from those discussed in such forward-looking statements and, therefore, there can be no assurance that the forward-looking statements included herein will prove to be accurate. The City has "deemed final" this Preliminary Official Statement, except for "Permitted Omissions" for purpose of Securities and Exchange Commission Rule 15c2-12. WPB/381657421 v22/0 1 6 78 7.011900 TABLE OF CONTENTS Page INTRODUCTION .........................................................................................................................1 PURPOSE OF SERIES 2007 BONDS .........................................................................................2 ESTIMATED SOURCES AND USES OF FUNDS ....................................................................2 Sources of Funds ................................................................................................................2 Uses of Funds .....................................................................................................................2 DESCRIPTION OF THE SERIES 2007 BONDS ......................................................................3 General ...............................................................................................................................3 Book-Entry Only System ..................................................................................................3 Discontinuance of Book-Entry Only System ...................................................................6 Negotiability, Registration and Cancellation .................................................................. 6 Transfer and Exchange .....................................................................................................7 Redemption Provisions ......................................................................................................7 SECURITY FOR THE SERIES 2007 BONDS ...........................................................................8 General ...............................................................................................................................8 Covenant Concerning Utilities Taxes ..............................................................................8 Reserve Account ................................................................................................................9 Flow of Funds ...................................................................................................................10 Additional Bonds .............................................................................................................11 UTILITIES TAXES ....................................................................................................................12 Communications Services Tax .......................................................................................14 Exemption of CST ...........................................................................................................15 Collection ..........................................................................................................................15 UTILITIES/COMMUNICATIONS SERVICES TAX COLLECTIONS ..............................15 BOND INSURANCE ...................................................................................................................16 The MBIA Insurance Corporation Insurance Policy ...................................................16 MBIA Insurance Corporation ........................................................................................17 Regulation .........................................................................................................................17 Financial Strength Ratings of MBIA .............................................................................17 MBIA Financial Information .........................................................................................18 Incorporation of Certain Documents by Reference .....................................................18 SURETY BOND ..........................................................................................................................19 THE CITY ....................................................................................................................................20 Location and Size .............................................................................................................20 Brief Description ..............................................................................................................20 Budgeting, Accounting and Auditing .............................................................................21 WPB/381657421v22/016787.011900 Operating Budget for Fiscal Year Ended September 30, 2006 ...................................21 DEBT SUMMARY ......................................................................................................................22 Selected Debt Data ...........................................................................................................22 RATINGS .....................................................................................................................................22 LEGALITY ..................................................................................................................................23 CONTINGENCY FEES ..............................................................................................................23 TAX EXEMPTION .....................................................................................................................23 UNDERWRITING ......................................................................................................................25 CONTINUING DISCLOSURE UNDERTAKING ..................................................................25 ENFORCEABILITY OF REMEDIES ......................................................................................28 LITIGATION ............................................................................................................................... 29 GENERAL PURPOSE FINANCIAL STATEMENTS ............................................................29 FINANCIAL ADVISOR .............................................................................................................29 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS .........................29 MISCELLANEOUS ....................................................................................................................30 AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT ..............................................................................................................................31 APPENDIX A GENERAL INFORMATION CONCERNING THE CITY OF DELRAY BEACH ,FLORIDA AND PALM BEACH COUNTY APPENDIX B CITY OF DELRAY BEACH, FLORIDA GENERAL PURPOSE FINANCIAL STATEMENTS AND OTHER INFORMATION FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 APPENDIX C SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION APPENDIX D FORM OF APPROVING OPINION OF BOND COUNSEL APPENDIX E SPECIMEN FINANCIAL GUARANTY INSURANCE POLICY APPENDIX F SPECIMEN DEBT SERVICE RESERVE SURETY BOND ii WPB/381657421v22/016787.011900 OFFICIAL STATEMENT City of Delray Beach, Florida Utilities Tax Revenue Bonds, Series 2007 INTRODUCTION The purpose of this Official Statement, which includes its cover page and certain enclosed Appendices, is to furnish information with respect to the issuance by the City of Delray Beach, Florida (the "City") of its Utilities Tax Revenue Bonds, Series 2007 (the "Series 2007 Bonds") in the aggregate principal amount of $ *. The Series 2007 Bonds are being issued under the authority of and in full compliance with the Constitution and laws of the State of Florida, including Chapter 166, Florida Statutes, as amended and supplemented, the City Charter, as amended and supplemented, and other applicable provisions of law. The Series 2007 Bonds are being issued more specifically pursuant to Resolution No. 98-91, adopted by the City Commission of the City (the "Commission") on December 3, 1991 (the "Original Resolution"), as amended and supplemented by Resolution No. R-90-02, adopted by the Commission on December 3, 2002 (the "2002 Resolution"), as further amended and supplemented by Resolution No. R-21-07, adopted by the Commission on August 21, 2007 (the "2007 Resolution") (collectively, the "Resolution"). See "APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION" herein. The Series 2007 Bonds are limited obligations of the City, payable solely from and secured solely by a pledge of and first priority lien upon the Pledged Revenues (which consist of the proceeds of the City's Utilities Tax (as herein defined) levied and collected or received by the City and deposited in the Sinking Fund (as herein defined)) created and established pursuant to the terms and provisions of the Resolution (sometimes hereinafter referred to as the "Pledged Revenues"), as further described under the heading "Utilities Taxes" herein. Except as provided herein with respect to the herein described Bond Insurance Policy and Surety Bond, the Series 2007 Bonds are issued on parity with the City's Outstanding Utilities Tax Revenue Refunding Bonds, Series 2002 (the "Series 2002 Bonds") issued pursuant to the terms and provisions of the Original Resolution and the 2002 Resolution. The Series 2007 Bonds, the Series 2002 Bonds and any other pari passu additional bonds issued pursuant to the provisions of the Resolution are herein referred to as the "Bonds." The Series 2007 Bonds and the interest thereon shall not be and shall not constitute an indebtedness of the City or of the State of Florida or any political subdivision thereof within the meaning of any constitutional, statutory, charter or other limitation of indebtedness, and neither the full faith and credit nor the taxing powers of the State of Florida or the City or any political subdivision thereof are pledged as security for the payment of the principal of or interest on the Series 2007 Bonds and no holder or holders of any Series 2007 Bonds shall ever have the right to compel the exercise of the ad valorem taxing powers of the City, or taxation in any form of any real property therein to pay the principal of the Series 2007 Bonds or interest thereon. Preliminary, subject to change. WPB/381657421 v22/0 1 6 78 7.011900 Capitalized terms not otherwise defined in this Official Statement shall have the same meanings assigned to such terms in the Resolution. See "APPENDIX C -Summary of Certain Provisions of the Resolution" herein for certain definitions. The description of the Series 2007 Bonds, the Resolution and certain statutory provisions and the information from various reports and statements contained in this Official Statement are not comprehensive or definitive. All references to such documents, reports and statements are qualified by the actual content of such documents, reports and statements, copies of which may be obtained by contacting the Director of Finance, City of Delray Beach, Florida, 100 N.W. First Avenue, Delray Beach, FL 33444, (561) 243-7115 or during the offering period of the Series 2007 Bonds from Public Financial Management, Inc., financial advisor to the City, (407) 648-2208. PURPOSE OF SERIES 2007 BONDS The Series 2007 Bonds will be issued by the City to (i) finance and refinance certain municipal projects within the City as more particularly described in the 2007 Resolution (the "2007 Projects"); and (ii) pay the costs of issuance of the Series 2007 Bonds, including the premiums for the Bond Insurance Policy and the Reserve Policy. ESTIMATED SOURCES AND USES OF FUNDS The proceeds to be received from the sale of the Series 2007 Bonds are expected to be applied as follows: Sources of Funds Principal Amount of Series 2007 Bonds ................................... $ [Original Issue Premium] ......................................................... [Original Issue Discount] .......................................................... Total Sources of Funds ......................... $ Uses of Funds Repayment of outstanding City obligations to SunTrust Bank incurred in 2005 ........................................................... $ Deposit to Acquisition and Construction Fund ........................ Underwriter's Discount ............................................................. 2007 Cost of Issuance Cost Center~l~ ........................................ Total Uses of Funds .............................. $ ~1~ Includes the premiums for the Bond Insurance Policy and Reserve Policy. [Remainder of page intentionally left blank]. 2 WPB/381657421 v22/016787.011900 DESCRIPTION OF THE SERIES 2007 BONDS General The Series 2007 Bonds will be dated the date of delivery and will mature on June 1 of the years and in the principal amounts set forth on the inside cover page hereof. The Series 2007 Bonds will be initially issued only in the form of fully registered bonds in denominations of $5,000 or any integral multiple thereof. Interest on the Series 2007 Bonds is payable semiannually commencing December 1, 2007, and each June 1 and December 1 thereafter at the rates per annum set forth on the inside cover page hereof. Commerce Bank, National Association, having a designated corporate trust office in Jacksonville, Florida, will serve as bond registrar (the "Bond Registrar") and paying agent (the "Paying Agent") for the Series 2007 Bonds. The Series 2007 Bonds, when issued, will be registered in the name of Cede & Co., as nominee of the Depository Trust Company ("DTC"), New York, New York. So long as the Series 2007 Bonds shall be in book-entry form, the principal of and interest on such Series 2007 Bonds is payable by check or draft mailed or by wire transfer to Cede & Co., as nominee of DTC and registered owners thereof for redistribution by DTC to the DTC Participants (as herein defined) and in turn to Beneficial Owners (as herein defined) as described below under "Book-Entry Only System." If the book-entry system should be discontinued, certificated Series 2007 Bonds will be issued to the Beneficial Owners, who will then become the registered owners thereof. See "Discontinuance of Book-Entry Only System" below. Book-Entry Only System The following contains a description of the procedures and operations of DTC and is based upon information provided by DTC. The City has not independently investigated or verified such procedures and operations and assumes no responsibility for the accuracy or completeness of the description thereof. The Series 2007 Bonds will be available only in book-entry form. Purchasers of the Series 2007 Bonds will not receive certificates representing their interests in the Series 2007 Bonds purchased. The City has entered into a letter of representations with the DTC, providing for such book-entry system. Unless the book-entry system described herein is terminated, as hereinafter described, DTC will act as securities depository for the Series 2007 Bonds. The Series 2007 Bonds will be issued as fully registered bonds registered in the name of Cede & Co. (DTC's partnership nominee). One fully registered Series 2007 Bond certificate will be issued for each maturity of the Series 2007 Bonds in the aggregate principal amount of the applicable maturity as set forth on the cover of this Official Statement, and will be deposited with DTC. DTC, the world's largest depository, is alimited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered 3 WPB/381657421 v22/016787.011900 pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2.2 million U.S. and non-U.S. equity issues, corporate and municipal issues, and money market instruments from over 100 countries that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants of DTC and Members of the National Securities Clearing Corporation, Fixed Income Clearing Corporation, and Emerging Markets Clearing Corporation, (NSCC, FICC, and EMCC, also subsidiaries of DTCC), as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non- U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Direct Participants and the Indirect Participants are collectively referred to herein as the "DTC Participants." DTC has Standard & Poor's highest rating: AAA. The DTC rules applicable to its DTC Participants are on file with the Securities and Exchange Commission (the "SEC"). More information about DTC can be found at http://www.dtcc.com and www.dtc.org. Purchases of Series 2007 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Series 2007 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 2007 Bond (each a "Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2007 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Series 2007 Bonds, except in the event that use of the book-entry system for the Series 2007 Bonds is discontinued. To facilitate subsequent transfers, all Series 2007 Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of the Series 2007 Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2007 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 2007 Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. 4 WPB/381657421v22/016787.011900 Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Series 2007 Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Series 2007 Bonds, such as redemptions, tenders, defaults, and proposed amendments to the security documents. For example, Beneficial Owners of Series 2007 Bonds may wish to ascertain that the nominee holding the Series 2007 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the Bond Registrar and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Series 2007 Bonds within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Series 2007 Bonds unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Series 2007 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Series 2007 Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the City, Bond Registrar or the Paying Agent on a payment date in accordance with their respective holdings shown on DTC's records. Payments by DTC Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such DTC Participant and not of DTC nor its nominee, the Paying Agent, the Bond Registrar or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest on the Series 2007 Bonds, as applicable, to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City and/or the Paying Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as depository with respect to the Series 2007 Bonds at any time by giving reasonable notice to the City or the Paying Agent. Under such circumstances, in the event that a successor depository is not obtained, Series 2007 Bond certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository) upon compliance with any applicable DTC rules and procedures. In that event, Series 2007 Bond certificates will be printed and delivered. WPB/381657421v22/016787.011900 5 So long as Cede & Co. is the registered owner of the Series 2007 Bonds, as nominee of DTC, reference herein to the Bondholders or Registered Owners of the Series 2007 Bonds will mean Cede & Co., as aforesaid, and will not mean the Beneficial Owners of the Series 2007 Bonds. NEITHER THE CITY, THE BOND REGISTRAR NOR THE PAYING AGENT WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO THE DTC PARTICIPANTS OR THE PERSONS FOR WHOM THEY ACT AS NOMINEE WITH RESPECT TO THE PAYMENTS TO OR THE PROVIDING OF NOTICE FOR THE DTC PARTICIPANTS, THE INDIRECT PARTICIPANTS OR THE BENEFICIAL OWNERS OF THE SERIES 2007 BONDS. THE CITY CANNOT AND DOES NOT GIVE ANY ASSURANCES THAT DTC, THE DTC PARTICIPANTS OR OTHERS WILL DISTRIBUTE PAYMENTS OF PRINCIPAL OF OR INTEREST ON THE SERIES 2007 BONDS PAID TO DTC OR ITS NOMINEE, AS THE REGISTERED OWNER, OR PROVIDE ANY NOTICES TO THE BENEFICIAL OWNERS OR THAT THEY WILL DO SO ON A TIMELY BASIS, OR THAT DTC WILL ACT IN THE MANNER DESCRIBED IN THIS OFFICIAL STATEMENT. Portions of the foregoing concerning DTC and DTC's Book-Entry System are based on information furnished by DTC to the City. No representation is made herein by the City as to the accuracy or completeness of such information. Discontinuance of Book-Entry Only System In the event that the book-entry system is discontinued and the Beneficial Owners become the registered owners of the Series 2007 Bonds, interest on each Series 2007 Bond will be paid by check or draft of the Paying Agent mailed to the person in whose name the Series 2007 Bond is registered, on the fifteenth (15`}') day of the month next preceding each interest payment date (the "Record Date"), provided, however at the request of any holder of at least $1,000,000 aggregate principal amount of a Series 2007 Bond, interest may be payable by wire transfer to the bank account number on file with the Paying Agent on or before the Record Date. Principal of the Series 2007 Bonds will be payable upon presentation and surrender of the Series 2007 Bonds at the designated corporate trust office of the Paying Agent. Negotiability, Registration and Cancellation Subject to the provisions of the Resolution, at the option of any registered owner of the Series 2007 Bonds and upon surrender at the designated corporate trust office of the Bond Registrar, with a written instrument of transfer satisfactory to the Bond Registrar duly executed by the registered holder of a Series 2007 Bond or his or her duly authorized attorney, and upon payment by such holder of any charges which the Bond Registrar or the City may make as provided in the Resolution, the Series 2007 Bonds may be exchanged for Series 2007 Bonds of the same series and maturity of any other authorized denominations. The Bond Registrar shall keep books for the registration of Series 2007 Bonds and for the registration of transfers of Series 2007 Bonds as provided in the Resolution. The Series 2007 Bonds shall be transferable by the registered owner thereof in person or by his or her attorney 6 WPB/381657421 v22/016787.011900 duly authorized in writing only upon the books of the City kept by the Bond Registrar and only upon surrender thereof together with a written instrument of transfer satisfactory to the Bond Registrar duly executed by the registered holder or his or her authorized attorney. Upon the transfer of any such Series 2007 Bond, the City shall issue in the name of the transferee a new Series 2007 Bond or Series 2007 Bonds. The City, the Paying Agent and the Bond Registrar shall deem and treat the person in whose name any Series 2007 Bond shall be registered upon the books kept by the Bond Registrar as the absolute holder of such Series 2007 Bond, whether such Series 2007 Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Series 2007 Bond as the same become due and for all other purposes. All such payments so made to any such holder or upon his or her order shall be valid and effectual to satisfy and discharge the liability upon such Series 2007 Bond to the extent of the sum or sums so paid, and neither the City, the Paying Agent, nor the Bond Registrar shall be affected by any notice to the contrary. Transfer and Exchange Subject to the provisions of the Resolution, in all cases in which the privilege of exchanging Series 2007 Bonds or transferring Series 2007 Bonds is exercised, the City shall execute and the Bond Registrar shall authenticate and deliver Series 2007 Bonds in accordance with the provisions of the Resolution. All Series 2007 Bonds surrendered in any such exchanges or transfers shall forthwith be delivered to the Bond Registrar and cancelled by the Bond Registrar in the manner provided by the Resolution. There shall be no charge for any such exchange or transfer of Series 2007 Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to pay taxes, fees or other governmental charges required to be paid with respect to such exchange or transfer. Neither the City nor the Bond Registrar shall be required to (a) transfer or exchange Series 2007 Bonds for a period from the Record Date to the next ensuing interest payment date on such Series 2007 Bonds, or fifteen (15) days next preceding any selection of Series 2007 Bonds to be redeemed or thereafter until the mailing of any notice of redemption; or (b) transfer or exchange any Series 2007 Bonds called for redemption. Redemption Provisions Oytional Redemption. The Series 2007 Bonds maturing on June 1, 2018 and thereafter are subject to redemption, at the option of the City prior to maturity on or after June 1, 2017, in whole at any time or in part from time to time on the first day of any month in such manner as shall be determined by the City, at a redemption price equal to the principal amount of the Series 2007 Bonds to be redeemed together with accrued interest to the date fixed for redemption. If less than all of the Series 2007 Bonds are called for redemption, the Series 2007 Bonds to be redeemed shall be selected in such manner as the City, in its discretion, shall determine, and if less than all of a maturity shall be called for redemption, the Series 2007 Bonds to be redeemed shall be selected by lot within such maturity. 7 WPB/381657421 x22/016787.011900 Notice of Redemption. Notice of redemption of the Series 2007 Bonds shall be mailed, postage prepaid, by the Bond Registrar at least thirty (30) and not more than sixty (60) days before the date fixed for redemption to the registered owners of any of the Series 2007 Bonds or portions of the Series 2007 Bonds which are to be redeemed, at their addresses as they appear fifteen (15) days prior to the date such notice is mailed on the registration books of the City kept by the Bond Registrar. Such notice of redemption shall set forth (i) the date fixed for redemption, (ii) the redemption price to be paid, (iii) the name and address of the Bond Registrar, (iv) if less than all of the Series 2007 Bonds shall be called for redemption, the distinctive numbers, letters and CUSIP identification numbers, if any, of such Series 2007 Bonds to be redeemed, (v) in the case of Series 2007 Bonds to be redeemed in part only, the portion of the principal amount thereof to be redeemed, and (vi) any other information the City or the Bond Registrar deems relevant. Subject to the rules of DTC as the current Securities Depository, in case any Series 2007 Bond is to be redeemed in part only, the notice of redemption that relates to such Series 2007 Bond shall state also that on or after the redemption date, upon surrender of the Series 2007 Bond, a new Series 2007 Bond or Series 2007 Bonds of the same maturity, bearing interest at the same rate and in aggregate principal amount equal to the unredeemed portion of such Series 2007 Bond, will be issued. Failure of the registered owner of any Series 2007 Bonds which are to be redeemed to receive any such notice shall not affect the validity of the proceedings for the redemption of Series 2007 Bonds for which proper notice has been given. Interest shall cease to accrue on any of the Series 2007 Bonds duly called for prior redemption if payment of the redemption price has been duly made or provided for. SECURITY FOR THE SERIES 2007 BONDS General The principal of and interest on the Bonds including the Series 2007 Bonds are payable from the Pledged Revenues and secured by a first lien on and pledge of the Pledged Revenues, which are the proceeds of the Utilities Tax deposited in the Sinking Fund created and established under the Resolution. The Series 2007 Bonds and the interest thereon shall not be and shall not constitute an indebtedness of the City or of the State of Florida or any political subdivision thereof within the meaning of any Constitutional, statutory, charter or other limitation of indebtedness, and neither the full faith and credit nor the taxing powers of the State of Florida or the City or any political subdivision thereof are pledged or obligated as security for the payment of the principal of or interest on the Series 2007 Bonds and no holder or holders of any Series 2007 Bonds shall ever have the right to compel the exercise of the ad valorem taxing powers of the City, or taxation in any form of any real property therein to pay the principal of the Series 2007 Bonds or interest thereon. Covenant Concerning Utilities Taxes The City covenants under the Resolution that, so long as any of the Bonds including the Series 2007 Bonds remain Outstanding, it shall take all lawful action necessary or required to 8 WPB/381657421 v22/016787.011900 continue to entitle the City to receive the Utilities Tax proceeds and will not take any action which would impair or adversely affect its receipt of such proceeds. The City further covenants under the Resolution that it shall not repeal the Utilities Tax Ordinance. To the extent necessary to meet its obligations under the provisions of the Resolution and to the extent legally permitted, the City shall increase the rate of such Utilities Tax up to the highest rate permitted by law and shall enact every substitute or supplemental ordinance that may for any reason become legally necessary, or necessary to comply with the provisions of the Resolution. The City is required under the Resolution to keep proper books and records regarding the collection and uses made of the proceeds of the Utilities Tax, and that all records with respect thereto shall be available for inspection at all reasonable times by the holders of any of the Series 2007 Bonds. For a more detailed description of the requirements concerning the City's covenant as to the Utilities Taxes, please refer to the "Summary of Certain Provisions of the Resolution" contained in APPENDIX C attached hereto. Reserve Account The Resolution provides for the establishment and maintenance of a Debt Service Reserve Account for each series of bonds issued pursuant to the terms of the Resolution (the "Bonds") in an amount equal to the Debt Service Reserve Requirement for each such series of Bonds. Unless provided otherwise by resolution of the City, each such separate Debt Service Reserve Account shall constitute security only for the series of Bonds to which it relates. The City has established a Debt Service Reserve Account for the Series 2007 Bonds. The Resolution provides that the Debt Service Reserve Requirement may be satisfied, in whole or in part, by a Reserve Account Credit Facility Substitute. A Reserve Account Credit Facility Substitute may consist of a surety bond, an unconditional direct pay letter of credit issued by any bank, a reserve account line of credit or a municipal bond insurance policy issued by such institutions whose credit enhancement facilities have resulted in a rating on similar obligations in the highest credit rating category by any Rating Agency and, in the case where such Reserve Account Credit Facility Substitute is provided by an insurance company, such insurer holds the highest policyholder rating accorded to insurers by any Rating Agency or Agencies then rating the Series 2007 Bonds and by A. M. Best & Company or any comparable service. For a general description of the restrictions and requirements relating to such Reserve Account Credit Facility Substitutes, please refer to the "Summary of Certain Provisions of the Resolution" contained in APPENDIX C attached hereto. The Debt Service Reserve Requirement for the Series 2007 Bonds shall be in an amount equal to the lesser of (a) the maximum amount of the principal of and interest on the Series 2007 Bonds becoming due in any succeeding fiscal year, (b) one hundred twenty-five percent (125%) of the average annual amount of principal of and interest on the Series 2007 Bonds becoming due in any succeeding fiscal year, or (c) ten percent (10%) of the "net proceeds" (as such-term is defined under the Internal Revenue Code of 1986, as amended ("Code") for such purpose) of the Series 2007 Bonds. The Debt Service Reserve Requirement with respect to the Series 2007 Bonds will be satisfied in full at the time of issuance of the Series 2007 Bonds. The Debt Service Reserve Requirement for the Series 2002 Bonds is currently satisfied by a Reserve Account Credit Facility Substitute and, with respect to any other series of Bonds to be issued under the Resolution, shall be determined by subsequent proceedings of the City. 9 WPB/381657421 v22/016787.011900 The Debt Service Reserve Account shall be funded, with respect to the Series 2007 Bonds, with a Reserve Account Credit Facility Substitute in the form of a debt service reserve fund surety bond ("Surety Bond") to be issued by MBIA, which surety bond shall equal the Debt Service Reserve Requirement for the Series 2007 Bonds. The form of the Surety Bond is attached as APPENDIX F to this Official Statement. Information about MBIA's Surety Bond is set forth below under the heading "SURETY BOND" and information about MBIA is hereinafter set forth under the heading "BOND INSURANCE." Flow of Funds A brief summary of the deposits required to be made to the various funds and accounts established under the Resolution is provided below. For a more detailed description of such deposits, reference should be made to the Summary of Certain Provisions of the Resolution contained in APPENDIX C attached hereto. All or a portion of the Utilities Tax proceeds collected by the City each month will be deposited in the Sinking Fund in the following manner and amounts (such Utilities Tax proceeds deposited in the Sinking Fund are referred to herein as the "Pledged Revenues"): (a) On the fifteenth (15t") day of each month, beginning with the fifteenth (15t") day of the first full calendar month following the date of issuance of any series of Bonds to the credit of the Interest Account, an amount equal to the sum of one- sixth (1/6th) of the interest becoming due on the Series 2007 Bonds on the next succeeding Interest Payment Date; (b) On the fifteenth (15~') day of each month in each year, to the credit of the Principal Account, an amount equal to one-twelfth (1/12th) of the principal of all Bonds, payable by their respective stated terms within the next succeeding twelve (12) months; (c) On the fifteenth (15`") day of each month in each year, to the credit of the Bond Redemption Account, one-twelfth (1/12th) of the amount required for the payment of any Term Bonds required to be paid on the next succeeding installment payment date; (d) To the extent not funded from the proceeds of the Bonds or covered by a Reserve Account Credit Facility Substitute, to the full extent necessary, for deposit into each of the Debt Service Reserve Accounts established with respect to any series of Bonds on the fifteenth (15t") day of each month in each year beginning with the fifteenth (15t") day of the first full calendar month following the date of issuance of any series of Bonds, such sums as shall be sufficient to pay an amount equal to one-twelfth (1/12th) of twenty percent (20%) of the Debt Service Reserve Account Requirement applicable to each series of Bonds; (e) To the repayment of any obligations owed to the provider(s) of a Reserve Account Credit Facility Substitute (pro rata, if necessary) and then to the payment of any subordinated indebtedness issued by the City pursuant to the Resolution; and 10 vt~eraa~ss~a2~v2a~ors~s~.o~~soo (f) The balance, if any, remaining in the Sinking Fund after making the deposits described in clauses (a) through (e) above and after all deficiencies thereof have been remedied, may be released by the City from the lien of the Resolution and used for any lawful municipal purpose. If the amount deposited in any month to the credit of any of the accounts mentioned in (a) through (d), inclusive, above shall be less than the amount required to be deposited therein under the Resolution, the requirement therefor shall nevertheless be cumulative and the amount of any deficiency in any month shall be added to the amount otherwise required to be deposited in each month thereafter until such time as all such deficiencies have been made up. Any interest earned on the amounts held to the credit of the Principal Account, Bond Redemption Account and Debt Service Reserve Accounts shall be transferred to the credit of the Interest Account and credited against the amount required to be deposited therein as described in clause (a) above. Notwithstanding the foregoing provisions of the Resolution described in clauses (a) through (d) above, if there shall be to the credit of the Interest Account, Principal Account or Bond Redemption Account the amount required to be on deposit in such accounts on the next succeeding Interest Payment Date, principal payment date, or due date of any term bonds called for redemption, respectively, no further deposit to any such account, as the case may be, shall then be required on account of the requirements described in said clauses (a) through (c) above. Additional Bonds The City is authorized under the Resolution to issue >l ari passu additional bonds, payable and secured equally and ratably with the Series 2002 Bonds, the Series 2007 Bonds and any other Outstanding series of a~ri passu additional bonds, for any lawful purposes. Each such series of >l ari passu additional Bonds shall be on parity with and shall be entitled to the same benefits and security under the Resolution as the Series 2002 Bonds, the Series 2007 Bonds and any other Outstanding series of ~ passu additional bonds (except as to any Debt Service Reserve Account established solely for any one or more series of Bonds); provided, however, that in addition to compliance with certain other conditions as set forth under the Resolution, the following conditions are complied with: (a) The City must be current in all deposits required to be made into the various funds and accounts established under the Resolution and all payments required to have been theretofore deposited or made by the City under the provisions of the Resolution and any supplemental resolution hereafter adopted for the issuance of additional bonds. The City must also comply with the covenants and provisions of the Resolution and any resolution supplemental thereto adopted for the purpose of the issuance of such additional bonds. (b) The Utilities Tax proceeds collected by the City in any consecutive twelve (12) month period during the eighteen (18) month period immediately preceding the month in which the >l ari passu additional bonds are being issued, as certified by the City's Finance Director, shall be equal to at least one hundred twenty-five per centum (125%) of the Maximum Annual Debt Service Requirements on the 11 WPB/381657421v22/016787.011900 Bonds then outstanding, any sari passu additional bonds then outstanding and the a~ri passu additional bonds then proposed to be issued. (c) In the event any pari passu additional bonds are issued for the purpose of refunding the Series 2002 Bonds, the Series 2007 Bonds, or any other >l ari passu additional bonds then Outstanding, the provisions of the Resolution described in the foregoing paragraph shall not apply, provided that the issuance of such passu additional bonds shall result in a reduction in, or shall not increase, the total annual debt service payments over the life of the Bonds being refunded. UTILITIES TAXES As used in the Resolution and herein, the term "Utilities Tax" means the tax imposed by the City on each and every purchase in the City of electricity, metered and bottled gas (natural liquified petroleum gas or manufactured) and the tax the City receives on communications services (the "Communications Services Tax" or "CST") pursuant to the provisions of the Communications Services Tax Simplification Law codified as Chapter 202, Florida Statutes, as amended and supplemented. Said term shall also apply to all taxes imposed by the City on the purchase of utility services other than water and communication services, whether levied in the amounts prescribed by the Utilities Tax Ordinance (as defined herein) or in any other amounts and whether imposed on the purchase of the same utilities services or any other or additional utilities services, by amendment to the Utilities Tax Ordinance or such other resolution or ordinance of the City. This definition shall be applicable to the Series 2002 Bonds, the Series 2007 Bonds and all 1'~'i passu additional bonds issued pursuant to the Resolution. The City has covenanted in the Resolution that it will take all action permitted by law to collect the Utilities Tax proceeds in the amount necessary to meet the requirements under the Resolution. Section 166.231, Florida Statutes, as amended, authorizes any Florida municipality to levy a tax on the purchase within such municipality of electricity, metered natural gas, liquified petroleum gas either metered or bottled, manufactured gas either metered or bottled and water service. Currently, the tax on the foregoing services may not exceed ten percent (10%) of the payments received by the sellers of such utilities service from purchasers, except in the case of fuel oil for which the maximum tax is four (4) cents per gallon. However, for municipalities levying less than the maximum rate often percent (10%), the maximum tax on fuel oil shall bear the same proportion to four (4) cents per gallon which the tax rate actually levied for the utilities with a maximum rate of ten percent (10%) bears to ten percent (10%). Utilities taxes must be collected by the seller of the utilities service from purchasers at the time of payment for such service and remitted to the taxing municipality as prescribed by ordinance of the municipality. Certain taxable purchases and certain purchasers of taxable services are exempt from the levy of such utilities taxes by municipalities as follows: (a) The purchase of natural gas, manufactured gas or fuel oil by a public or private utility, either for resale or for use as a fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines is exempt from the levy of the utilities tax. 12 WPB/38165742?v22/016787.011900 (b) A municipality may exempt from the utilities tax the purchase of metered or bottled gas (natural liquified petroleum gas or manufactured) or fuel oil for agricultural purposes. (c) A municipality may exempt from the utilities tax imposed any amount up to, and including, the total amount of electricity, metered natural gas, liquified petroleum gas either metered or bottled, or manufactured gas either metered or bottled purchased per month, or reduce the rate of taxation on the purchase of such electricity or gas when purchased by an industrial consumer which uses the electricity or gas directly in industrial manufacturing, processing, compounding, or a production process, at a fixed location in the municipality, of items of tangible personal property for sale. The municipality shall establish the requirements for qualification for this exemption in the manner prescribed by ordinance. Possession by a seller of a written certification by the purchaser, certifying the purchaser's entitlement to an exemption described herein, relieves the seller from the responsibility of collecting the tax on the nontaxable amounts, and the municipality shall look solely to the purchaser for recovery of such tax if it determines that the purchaser was not entitled to the exemption. (d) A municipality may exempt any amount up to, and including, the first 500 kilowatt hours of electricity purchased per month for residential use, and such exemption shall apply to each separate residential unit regardless of whether such unit is on a separate meter or a central meter, and shall be passed on to each individual tenant. (e) Purchases by the United States Government, the State of Florida, and all counties, school districts and municipalities of the State of Florida, and by public bodies exempted by law or court order, are exempt from the levy of such tax. A municipality may exempt from the levy of such tax purchases of taxable items by any towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in the State of Florida, as well as certain nonprofit corporations or cooperative associations which provide water utility services to no more than 13,500 equivalent residential units, ownership of which will revert to a political subdivision upon retirement of all outstanding indebtedness, and shall exempt purchases by any recognized church in the State of Florida for use exclusively for church purposes. (f) A municipality may exempt not less than fifty percent (50%) of the utilities tax imposed on purchasers of electrical energy who are determined to be eligible for the exemption provided by Section 212.08(15), Florida Statutes by the Department of Revenue. (g) A municipality may enact an ordinance for exemption of an area nominated as an enterprise zone pursuant to Section 290.0055, Florida Statutes that has not yet been designated pursuant to Section 290.0065, Florida Statutes, provided, however, that eligibility for such exemption shall expire on December 31, 2015, except that any qualified business located within an enterprise zone which has satisfied the requirements of Section 166.231(8), Florida Statutes prior to December 31, 2015, shall continue to be exempt from the utilities tax (subject to the limitations set forth therein) after that date. 13 WPB/381657421 v22/016787.011900 Chapter 50 of Title V entitled "Public Works" of the City's Code of Ordinances, as amended, contains the terms of the City's levy of its Utilities Tax (the "Utility Tax Ordinance"). The City currently levies the Utility Tax at the rate of 9.7% on sales of electricity and 8.7% on the sale of metered or bottled gas (natural liquified petroleum gas or manufactured). The City also levies a tax on the sale of fuel oil. The Utility Tax Ordinance states that because the City imposes a tax which is less than the maximum rate of ten percent (10%) allowable by Florida Statute Section 166.231(1), the maximum tax on fuel oil shall bear the same proportion to $.04 per gallon which the tax rate of 8.7% levied as described above on the sale of metered or bottled gas bears to 10%. Residential dwelling units are exempted from the electricity portion of the Utility Tax for the first ninety (90) kilowatt hours per month, then such residence will be subject to the tax on the sale of electricity. Also, the Utilities Tax is not charged with respect to any fuel adjustment charge on the bill. The purchase of natural gas or fuel oil by a public or private utility, either for resale or for use as fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines is exempt from the City's Utilities Tax. Also exempted from the City's Utilities Tax are: the United States Government, the State of Florida, counties, school districts, municipalities of the State of Florida, towns, villages, special tax school districts, special road and bridge districts, bridge districts, all other districts in the State of Florida, public bodies exempted by law or court order and any recognized church if used exclusively for church purposes. The City Commission is solely responsible for setting or revising the Utilities Tax it levies, which it accomplishes through amendments and supplements to the Utilities Tax Ordinance. Communications Services Tag The Original Resolution defined "Utilities Tax" as the tax imposed by the City on each and every purchase in the City of electricity, metered and bottled gas (natural liquified petroleum gas or manufactured), and telecommunication services. However, effective October 1, 2001, the Legislature of the State of Florida repealed the authorization for the levy by counties and municipalities, including the City, of the utilities or public service tax on telecommunication services and instead authorized the implementation of the Communications Services Tax or "CST." The CST was intended to replace repealed local sources such as the City's Utilities Tax on telecommunication services. The legislative change was codified in Chapter 202, Florida Statutes, as amended and supplemented (herein the "CST Act"). The CST includes, but is not limited to, a tax on land line telephone services, including long distance, wireless telephone services, cable television services, pager services and facsimile services. The CST on communication services is charged to the service addresses within the City. In the CST Act, the Florida Legislature levied a local CST for each county and municipality at a conversion rate calculated to produce an amount of revenue for each respective local government equal to the amount of revenue the local government would have received from the repealed sources. The aforementioned conversion rates were reduced on October 1, WPB/381657421v22/016787.011900 14 2002 for that fiscal year and each fiscal year thereafter since the first year the CST was in effect it was increased because of a transition lag. The CST Act authorized each local government to increase the CST to a maximum rate that was below the specified conversion rate found for that unit of local government in the CST Act. The maximum rate for municipalities, including the City, is 5.1 percent (5.10%). Under the CST Act, if the local government forgoes collecting a permit fee it may increase the maximum rate by an add-on rate. In the case of municipalities, including the City, the add-on rate is 0.12 percent (.12%) which combined with the maximum rate for the City creates an annualized rate of 5.22 percent (5.22%). Exemption of CST The CST Act exempts all purchases by the federal government and its agencies and instrumentalities, the State of Florida and any county, municipality or political subdivision of the State of Florida and any religious or educational organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. Collection The CST must be collected by the provider from purchasers and remitted to the State of Florida Department of Revenue (the "Department"). The proceeds of the CST, less the Department's costs of administration, are transferred to the Communications Services Tax Clearing Trust Fund held by the Department and distributed to the City on a monthly basis. UTILITIES/COMMUNICATIONS SERVICES TAX COLLECTIONS The following table sets forth information about Utilities Tax proceeds collected by the City in each of the City's last five (5) full fiscal years, and the anticipated Utilities Tax proceeds budgeted for fiscal year 2006 as compared with debt service requirements. City of Delray Beach Utilities Tax Collections/Debt Service Coverage Year Ended September 30 2002 2003 2004 2005 2006 Utility Taxes (Electric, gas, fuel) $3,796,778 $4,083,955 $4,028,893 $4,167,130 $4,372,774 Communications Services Tax 3,934,824 4,009,109 3,675,799 3,921,012 4,305,935 Total $7,875,836 $8,093,064 $7,704,692 $8,088,142 $8,678,709 Debt Service Annual 2,393,900 2,315,207 2,309,835 2,305,085 2,303,835 Maximum 2,401,171 2,309,835 2,309,835 2,305,935 2,305,935 Debt Service Coverage Annual 3.29 3.50 3.34 3.51 3.77 Maximum 3.28 3.50 3.34 3.51 3.76 Source: Comprehensive Annual Financial Reports of the City. 15 WPB/381657421v22/016787.011900 BOND INSURANCE The MBIA Insurance Corporation Insurance Policy The following information has been furnished by MBIA Insurance Corporation ("MBIA" or the "Bond Insurer") for use in this Official Statement. Reference is made to APPENDIX E for a specimen of MBIA's financial guaranty insurance policy (the "Bond Insurance Policy"). MBIA does not accept any responsibility for the accuracy or completeness of this Official Statement or any information or disclosure contained herein, or omitted herefrom, other than with respect to the accuracy of the information regarding the Bond Insurance Policy and MBIA set forth under the this heading. Additionally, MBIA makes no representation regarding the Series 2007 Bonds or the advisability of investing in the Series 2007 Bonds. The Bond Insurance Policy unconditionally and irrevocably guarantees the full and complete payment required to be made by or on behalf of the [Issuer] to the Paying Agent or its successor of an amount equal to (i) the principal of (either at the stated maturity or by an advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Series 2007 Bonds as such payments shall become due but shall not be so paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed by the Bond Insurance Policy shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration, unless MBIA elects in its sole discretion, to pay in whole or in part any principal due by reason of such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any Owner of the Series 2007 Bonds pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such Owner within the meaning of any applicable bankruptcy law (a "Preference"). The Bond Insurance Policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any Series 2007 Bonds. The Bond Insurance Policy does not, under any circumstance, insure against loss relating to: (i) optional or mandatory redemptions (other than mandatory sinking fund redemptions); (ii) any payments to be made on an accelerated basis; (iii) payments of the purchase price of Series 2007 Bonds upon tender by an owner thereof; or (iv) any Preference relating to (i) through (iii) above. MBIA's Policy also does not insure against nonpayment of principal of or interest on the Series 2007 Bonds resulting from the insolvency, negligence or any other act or omission of the Paying Agent or any other paying agent for the Series 2007 Bonds. Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mail, by MBIA from the Paying Agent or any owner of a Series 2007 Bond the payment of an insured amount for which is then due, that such required payment has not been made, MBIA on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with U.S. Bank Trust National Association, in New York, New York, or its successor, sufficient for the payment 16 WPB/381657421v22/016787.011900 of any such insured amounts which are then due. Upon presentment and surrender of such Series 2007 Bonds or presentment of such other proof of ownership of the Series 2007 Bonds, together with any appropriate instruments of assignment to evidence the assignment of the insured amounts due on the Series 2007 Bonds as are paid by MBIA, and appropriate instruments to effect the appointment of MBIA as agent for such owners of the Series 2007 Bonds in any legal proceeding related to payment of insured amounts on the Series 2007 Bonds, such instruments being in a form satisfactory to U.S. Bank Trust National Association, U.S. Bank Trust National Association shall disburse to such owners or the Paying Agent payment of the insured amounts due on such Series 2007 Bonds, less any amount held by the Paying Agent for the payment of such insured amounts and legally available therefor. MBIA Insurance Corporation MBIA is the principal operating subsidiary of MBIA Inc., a New York Stock Exchange listed company (the "Company"). The Company is not obligated to pay the debts of or claims against MBIA. MBIA is domiciled in the State of New York and licensed to do business in and subject to regulation under the laws of a1150 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States and the Territory of Guam. MBIA, either directly or through subsidiaries, is licensed to do business in the Republic of France, the United Kingdom and the Kingdom of Spain and is subject to regulation under the laws of those jurisdictions. In February 2007, MBIA Corp. incorporated a new subsidiary, MBIA Mexico, S.A. de C.V. ("MBIA Mexico"), through which it intends to write financial guarantee insurance in Mexico beginning in 2007. To date, MBIA Mexico has had no operating activity. The principal executive offices of MBIA are located at 113 King Street, Armonk, New York 10504 and the main telephone number at that address is (914) 273-4545. Regulation As a financial guaranty insurance company licensed to do business in the State of New York, MBIA is subject to the New York Insurance Law which, among other things, prescribes minimum capital requirements and contingency reserves against liabilities for MBIA, limits the classes and concentrations of investments that are made by MBIA and requires the approval of policy rates and forms that are employed by MBIA. State law also regulates the amount of both the aggregate and individual risks that may be insured by MBIA, the payment of dividends by MBIA, changes in control with respect to MBIA and transactions among MBIA and its affiliates. The Policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of the New York Insurance Law. Financial Strength Ratings of MBIA Moody's Investors Service, Inc. rates the financial strength of MBIA "Aaa." Standard & Poor's, a division of The McGraw-Hill Companies, Inc. rates the financial strength of MBIA "AAA." 17 WPB/381657421v22/016787.011900 Fitch Ratings rates the financial strength of MBIA "AAA." Each rating of MBIA should be evaluated independently. The ratings reflect the respective rating agency's current assessment of the creditworthiness of MBIA and its ability to pay claims on its policies of insurance. Any further explanation as to the significance of the above ratings may be obtained only from the applicable rating agency. The above ratings are not recommendations to buy, sell or hold the Series 2007 Bonds, and such ratings may be subject to revision or withdrawal at any time by the rating agencies. Any downward revision or withdrawal of any of the above ratings may have an adverse effect on the market price of the Series 2007 Bonds. MBIA does not guaranty the market price of the Series 2007 Bonds nor does it guaranty that the ratings on the Series 2007 Bonds will not be revised or withdrawn. MBIA Financial Information As of December 31, 2006, MBIA had admitted assets of $10.9 billion (audited), total liabilities of $6.9 billion (audited), and total capital and surplus of $4.0 billion (audited) determined in accordance with statutory accounting practices prescribed or permitted by insurance regulatory authorities. As of March 31, 2007, MBIA had admitted assets of $11.2 billion (unaudited), total liabilities of $7.0 billion (unaudited), and total capital and surplus of $4.2 billion (unaudited) determined in accordance with statutory accounting practices prescribed or permitted by insurance regulatory authorities. For further information concerning MBIA, see the consolidated financial statements of MBIA and its subsidiaries as of December 31, 2006 and December 31, 2005 and for each of the three years in the period ended December 31, 2006, prepared in accordance with generally accepted accounting principles, included in the Annual Report on Form 10-K of the Company for the year ended December 31, 2006 and the consolidated financial statements of MBIA and its subsidiaries as of March 31, 2007 and for the three month period ended March 31, 2007 and March 31, 2006 included in the Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2007, which are hereby incorporated by reference into this Official Statement and shall be deemed to be a part hereof. Copies of the statutory financial statements filed by MBIA with the State of New York Insurance Department are available over the Internet at the Company's web site at http://www.mbia.com and at no cost, upon request to MBIA at its principal executive offices. Incorporation of Certain Documents by Reference The following documents filed by the Company with the Securities and Exchange Commission (the "SEC") are incorporated by reference into this Official Statement: (1) The Company's Annual Report on Form 10-K for the year ended December 31, 2006; and (2) The Company's Quarterly Report on Form 10-Q for the quarter ended March 31, 2007. 18 WPB/381657421v22/016787.011900 Any documents, including any financial statements of MBIA and its subsidiaries that are included therein or attached as exhibits thereto, filed by the Company pursuant to Sections 13(a), 13(c), 14 or 15(d) of the Exchange Act after the date of the Company's most recent Quarterly Report on Form 10-Q or Annual Report on Form 10-K, and prior to the termination of the offering of the Series 2007 Bonds offered hereby shall be deemed to be incorporated by reference in this Official Statement and to be a part hereof from the respective dates of filing such documents. Any statement contained in a document incorporated or deemed to be incorporated by reference herein, or contained in this Official Statement, shall be deemed to be modified or superseded for purposes of this Official Statement to the extent that a statement contained herein or in any other subsequently filed document which also is or is deemed to be incorporated by reference herein modifies or supersedes such statement. Any such statement so modified or superseded shall not be deemed, except as so modified or superseded, to constitute a part of this Official Statement. The Company files annual, quarterly and special reports, information statements and other information with the SEC under File No. 1-9583. Copies of the Company's SEC filings (including (1) the Company's Annual Report on Form 10-K for the year ended December 31, 2006, and (2) the Company's Quarterly Report on Form 10-Q for the quarter ended March 31, 2007) are available (i) over the Internet at the SEC's web site at http://www.sec.gov; (ii) at the SEC's public reference room in Washington D.C.; (iii) over the Internet at the Company's web site at http://www.mbia.com; and (iv) at no cost, upon request to MBIA at its principal executive offices. The insurance provided by this policy is not covered by the Florida Insurance Guaranty Association created under chapter 631, Florida Statutes. SURETY BOND Application has been made to MBIA for a commitment to issue the Surety Bond. The Surety Bond will provide that upon notice from the Paying Agent to the Bond Insurer to the effect that insufficient amounts are on deposit in the Debt Service Reserve Account for the Series 2007 Bonds to pay the principal of (at maturity or pursuant to mandatory redemption requirements) and interest on the Series 2007 Bonds, the Bond Insurer will promptly deposit with the Paying Agent an amount sufficient to pay the principal of and interest on the Series 2007 Bonds or the available amount of the Surety Bond, whichever is less. Upon the later of: (i) three (3) days after receipt by the Bond Insurer of a Demand for Payment in the form attached to the Surety Bond, duly executed by the Paying Agent; or (ii) the payment date of the Bonds as specified in the Demand for Payment presented by the Paying Agent to the Bond Insurer, the Bond Insurer will make a deposit of funds in an account with U.S. Bank Trust National Association, in New York, New York, or its successor, sufficient for the payment to the Paying Agent, of amounts which are then due to the Paying Agent (as specified in the Demand for Payment) subject to the Surety Bond Coverage. The available amount of the Debt Service Reserve Fund Surety Bond is the initial face amount of the Debt Service Reserve Fund Surety Bond less the amount of any previous deposits by the Bond Insurer with the Paying Agent which have not been reimbursed by the City. The City and the Bond Insurer will enter into a Financial Guaranty Agreement on or before the initial 19 WPB/38i657421 v22/016787.011900 date of delivery of the Series 2007 Bonds (the "Agreement"). Pursuant to the Agreement, the City is required to reimburse the Bond Insurer, within one year of any deposit, the amount of such deposit made by the Bond Insurer with the Paying Agent under the Surety Bond. Such reimbursement shall be made only from Pledged Revenues and only after all required deposits to the Interest Account, Principal Account and Bond Redemption Account have been made pursuant to the provisions of the Resolution. Under the terms of the Agreement, the City is required to reimburse the Bond Insurer, with interest, until the face amount of the Surety Bond is reinstated. No optional redemption of Series 2007 Bonds may be made until the Surety Bond is reinstated. The Surety Bond will be held by the Paying Agent in the Debt Service Reserve Account for the Series 2007 Bonds and is provided as an alternative to the City depositing funds equal to the Debt Service Reserve Requirement for the Series 2007 Bonds. The Surety Bond will be issued in the face amount equal to the Debt Service Reserve Requirement for the Series 2007 Bonds and the premium therefor will be fully paid by the City at the time of delivery of the Series 2007 Bonds. A specimen of the Surety Bond is attached hereto as APPENDIX F. THE CITY Location and Size The City is a municipal corporation organized and existing under the laws of the State of Florida. The City, located on Florida's Gold Coast, is the third largest city in Palm Beach County with an estimated permanent population of 64,095 (as of 2006) with another estimated 12,600 seasonal residents, and sixteen square miles within its municipal boundaries. Lying 18 miles south of West Palm Beach and 50 miles north of Miami along the Atlantic Ocean, the City has been able to participate in the growth of South Florida and benefit from the economic growth of this area in general. The City is governed by a City Commission and operates under aCommission-Manager form of government. The City Commission appoints afull-time City Manager, and afull-time City Attorney. The City employs afull-time Director of Finance, who has the responsibility for all internal auditing and financial record keeping operations of the City. Brief Description The City is primarily a residential community of homes and condominium apartments with a balance of commercial, light industrial and government complexes. It is a mature community with 97.8% build-out (expected build-out in the year 2013) and, therefore, its focus is not upon growth, but upon quality development of remaining vacant areas and redevelopment of areas in a state of decline or deterioration. The City has many recreational facilities including tennis, golf, boating, fishing, water sports, and lawn bowling. During the winter months, the hotels, motels, and restaurants fill to capacity with visiting tourists and winter residents. The City's famous mile-long beach is an attraction for residents and tourists. The Intracoastal Waterway provides boat dockage, and the Boynton Inlet gives access to the Atlantic Ocean for boating and salt water fishing. Lake Ida, adjacent to the City, also provides fishing and water skiing. 20 WPB/381657421v22/016787.011900 Further information on the City is contained in "APPENDIX A General Information Concerning the City of Delray Beach, Florida and Palm Beach County." Budgeting, Accounting and Auditing The City follows these procedures in establishing the budgetary data reflected in its general purpose financial statements: 1. No later than the first regular Commission meeting in August, the City Manager submits to the City Commission a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted at City Hall to obtain taxpayer comments. 3. The City advises the County Property Appraiser of the proposed millage rate and the day, time and place of the public hearing for budget acceptance. 4. The public hearing is held to obtain final taxpayer input and to adopt the final budget. 5. The budget and related millage rates are legally enacted through passage of separate resolutions. 6. Changes or amendments to the total budgeted expenditures of the City or a department must be approved by the City Commission; however, changes within a department which do not affect the total departmental expenditures may be approved at the administrative level. Accordingly, the legal level of control is at the department level. All unencumbered balances lapse at year end. The City reports major governmental funds consisting of a General Fund and a Capital Improvements Fund, a major Proprietary Fund consisting of a Water and Sewer Fund; as well as Internal Service Funds and Pension Trust Funds. Non-appropriated budgets, which are not legally adopted or legally required to be adopted, are prepared for the Law Enforcement Trust Fund, Community Development Fund, Beautification Fund, Tennis Stadium Fund, Water and Sewer Fund, Delray Beach Municipal Golf Course Fund, Lakeview Golf Course Fund, City Marina Fund, Sanitation Fund, Stormwater Utility Fund, Central Garage Fund and the Insurance Fund. The Finance Department monitors the expenditures of these funds through the use of budgets prepared by management. Operating Budget for Fiscal Year Ended September 30, 2006 Total budgeted operating revenues and other financing sources for the General Fund for fiscal year ending September 30, 2006 are $93,317,611. See "APPENDIX B -City of Delray Beach, Florida General Purpose Financial Statements and other Information for the Fiscal Year ended September 30, 2006." 21 WPB/381657421 v22/016787.011900 Each month of the current fiscal year, actual revenues and expenditures of the General Fund are compared with budgeted amounts by line item. Variations of actual revenues and expenditures compared to budgeted amounts which are unfavorable are referred to the respective department heads for explanations and possible amendment. A summary report of the status of the budget is submitted to the City Manager for review and action. At the close of the 2006 fiscal year (September 30, 2006), total revenues were 101% of the annual budget amount and total expenditures were 98% of the annual budget amount. DEBT SUMMARY The information under this heading is subject in all respects to the more detailed financial information in the audited financial statements of the City. See, "APPENDIX B -City of Delray Beach, Florida General Purpose Financial Statements and other Information for the Fiscal Year Ended September 30, 2006." Selected Debt Data The only Bonds currently Outstanding secured by the Pledged Revenues is the Series 2002 Bonds, issued on December 19, 2002, to refund all prior Outstanding series of the City's utilities tax revenue bonds. The table below sets forth the outstanding debt service requirements for the Series 2002 Bonds: Bond Year Ending June 30 Principal Interest Debt Service 2007 $1,990,000 $315,936 $2,305,936 2008 2,035,000 246,286 2,281,286 2009 1,460,000 175,060 1,635,060 2010 450,000 123,960 573,960 2011 470,000 108,660 578,660 2012 485,000 91,740 576,740 2013 510,000 73,796 583,796 2014 420,000 54,160 474,160 2015 440,000 37,360 477,360 2016 460,000 19,320 479,320 Total $8,720,000 $1,246,278 $9,966,278 Source: City of Delray Beach Comprehensive Annual Financial Report for year ended September 30, 2006. RATINGS It is expected that Moody's Investors Service, Inc. ("Moody's") and Standard & Poor's Public Finance Ratings Services, a division of McGraw-Hill Companies ("S&P") will give the Series 2007 Bonds ratings of "Aaa" and "AAA," respectively, on the understanding that the standard policy of municipal bond insurance insuring the total payment of the principal of and interest on the Series 2007 Bonds will be issued by MBIA upon the issuance of the Series 2007 22 WPB/381657421 v22/016787.011900 Bonds. Moody's and S&P have assigned the Series 2007 Bonds underlying ratings of "A2" and "A," respectively. Such ratings reflect only the views of the aforesaid credit rating organizations, and any desired explanation of the significance of these ratings should be obtained only from the rating agency furnishing the same, at the following addresses: S&P at 55 Water Street, New York, New York 10041 and Moody's at 99 Church Street, New York, New York 10007. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance that such ratings will continue for any given period of time, or that such ratings may not be lowered or withdrawn entirely by the respective rating agency if, in its judgment, circumstances so warrant. Any such downward change or withdrawal of either or both such ratings may have an adverse effect on the market price of the Series 2007 Bonds. LEGALITY Certain legal matters in connection with the issuance of the Series 2007 Bonds are subject to the approval of Greenberg Traurig, P.A., West Palm Beach, Florida, Bond Counsel, whose Bond Counsel opinion will be available at the time of delivery of the Series 2007 Bonds. The proposed form of such opinion of Bond Counsel is attached hereto as APPENDIX D. Certain legal matters will be passed upon for the City by its City Attorney, Susan A. Ruby, Esquire. Certain legal matters will be passed upon for the Underwriter by its counsel Moskowitz, Mandell, Salim & Simowitz, P.A., Fort Lauderdale, Florida. Greenberg Traurig, P.A. is also serving as Disclosure Counsel to the City. CONTINGENCY FEES The City has retained Bond Counsel, its financial advisor, the Underwriter (who in turn retained Underwriter's counsel), the Paying Agent and the Registrar with respect to the authorization, sale, execution and delivery of the Series 2007 Bonds. Payment of the fees of such professionals are each contingent upon the issuance of the Series 2007 Bonds. TAX EXEMPTION The Internal Revenue Code of 1986, as amended (the "Code") imposes certain requirements that must be met subsequent to the issuance and delivery of the Series 2007 Bonds for interest thereon to be and remain excluded from gross income for federal income tax purposes. Noncompliance with such requirements could cause the interest on the Series 2007 Bonds to be included in gross income for federal income tax purposes retroactive to the date of issue of the Series 2007 Bonds. The City has covenanted in the Resolution to comply with each requirement of the Code necessary to maintain the exclusion of the interest on the Series 2007 Bonds from gross income for federal income tax purposes pursuant to Section 103(a) of the Code. In the opinion of Bond Counsel, under existing law, and assuming continuing compliance with the aforementioned covenant, interest on the Series 2007 Bonds is excluded from gross income for federal income tax purposes. Bond Counsel is also of the opinion that the Series 2007 Bonds are not "specified private activity bonds" within the meaning of Section 57(a)(5) of the 23 WPB/381657421 v22/016787.011900 Code and, therefore, interest on the Series 2007 Bonds will not be treated as a preference item for purposes of computing the alternative minimum tax imposed by Section 55 of the Code. Interest on the Series 2007 Bonds owned by corporations will, however, be taken into account in determining the alternative minimum tax imposed by Section 55 of the Code on seventy-five percent (75%) of the excess of adjusted current earnings over alternative minimum taxable income (determined without regard to this adjustment and the alternative tax net operating loss deduction). [Bond Counsel is of the opinion that the difference between the principal amount of the Series 2007 Bonds maturing on June 1, in the years 20 through and including 20_ (collectively, the "Discount Bonds") and the initial offering price to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers), at which price a substantial amount of the Discount Bonds of the same maturity was sold, constitutes original issue discount which is excluded from gross income for federal income tax purposes, to the same extent as interest on the Series 2007 Bonds. Further, such original issue discount accrues actuarially on a constant interest basis over the term of each Discount Bond and the basis of each Discount Bond acquired at such initial offering price by an initial purchaser thereof will be increased by the amount of such accrued original issue discount. The accrual of such initial issue discount may be taken into account as an increase in the amount of tax exempt income for purposes of determining various other tax consequences of owning the Discount Bonds, even though there will not be a corresponding cash payment. Owners of Discount Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning the Discount Bonds.] Bond Counsel has not undertaken to advise in the future whether any events after the date of issuance of the Series 2007 Bonds may affect the tax status of interest on the Series 2007 Bonds. No assurance can be given that future legislation, or amendments to the Code, if enacted into law, will not contain provisions which could directly or indirectly reduce the benefit of the exclusion of the interest on the Series 2007 Bonds from gross income for federal income tax purposes. Bond Counsel is also of the opinion that the Series 2007 Bonds and interest thereon are exempt from taxation under the existing laws of the State of Florida, except as to estate taxes and taxes imposed by Chapter 220, Florida Statutes, on interest, income and profits on debt obligations owned by corporations, banks and savings associations. Furthermore, Bond Counsel expresses no opinion as to any federal, State or local tax law consequences with respect to the Series 2007 Bonds, or the interest thereon, if any action is taken with respect to the Series 2007 Bonds or the proceeds thereof upon the advice or approval of bond counsel other than Bond Counsel. Although Bond Counsel has rendered an opinion that interest on the Series 2007 Bonds is excluded from gross income for federal income tax purposes, a Bondholder's federal, State or local tax liability may otherwise be affected by the ownership or disposition of the Series 2007 Bonds. The nature and extent of these other tax consequences will depend upon the Bondholder's other items of income or deduction. Without limiting the generality of the foregoing, prospective purchasers of the Series 2007 Bonds should be aware that (i) Section 265 24 WPB/381657421 v22/016787.011900 of the Code denies a deduction for interest on indebtedness incurred or continued to purchase or carry the Series 2007 Bonds or, in the case of a financial institution, that portion of a holder's interest expense allocated to interest on the Series 2007 Bonds, (ii) with respect to insurance companies subject to the tax imposed by Section 831 of the Code, Section 832(b)(5)(B)(i) reduces the deduction for loss reserves by 15 percent (15%) of the sum of certain items, including interest on the Series 2007 Bonds, (iii) interest on the Series 2007 Bonds earned by certain foreign corporations doing business in the United States could be subject to a branch profits tax imposed by Section 884 of the Code, (iv) passive investment income, including interest on the Series 2007 Bonds, may be subject to federal income taxation under Section 1375, of the Code for Subchapter S corporations that have Subchapter C earnings and profits at the close of the taxable year if greater than twenty-five percent (25%) of the gross receipts of such Subchapter S corporation is passive investment income, and (v) Section 86 of the Code requires recipients of certain Social Security and certain Railroad Retirement benefits to take into account, in determining the taxability of such benefits, receipts or accruals of interest on the Series 2007 Bonds. Bond Counsel has expressed no opinion regarding any such other tax consequences. UNDERWRITING The Series 2007 Bonds are being purchased by the Underwriter pursuant to a bond purchase agreement between the City and the Underwriter as shown on the cover page hereof, from the City at an aggregate purchase price of $ (the face amount of the Series 2007 Bonds plus net original issue [premium] [discount] of $ less underwriter's discount of $ }. See "ESTIMATED SOURCES AND USES OF FUNDS" herein. The Underwriter will be obligated to purchase all of the Series 2007 Bonds if any are purchased. Following the initial public offering, the public offering prices may be changed from time to time by the Underwriter. The Series 2007 Bonds maybe offered and sold to certain dealers (including underwriters and other dealers depositing such Series 2007 Bonds into investment trusts) and others at prices lower than the public offering prices set forth on the inside cover page hereof. CONTINUING DISCLOSURE UNDERTAKING In accordance with the continuing disclosure requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC"), the City has agreed pursuant to the terms of the Resolution as follows: (a) The City undertakes and agrees to provide to each nationally recognized municipal securities information repository (each a "NRMSIR") and to the State of Florida information depository (the "SID"), if and when such a SID is created, the (i) City's general purpose financial statements generally consistent with the financial statements presented in APPENDIX B to this Official Statement and (ii) the information concerning the Utilities Tax collections within the City with respect to the Communications Services Tax, and with respect to electricity, gas and fuel oil, the Utilities Tax rate or rates, exemptions from the Utilities Tax and amendments to the Utilities Tax Ordinance generally consistent with the information set forth 25 WPB/381657421v22/016787.011900 herein under the heading "UTILITIES TAXES." The information referred to in clauses (i) and (ii) is herein collectively referred to as the "Annual Information." (b) The Annual Information described in clause (i) of paragraph (a) above in audited form (for as long as the City provides such financial information in audited form) is expected to be available on or before March 31 of each year for the fiscal year ending on the preceding September 30, commencing March 31, 2008 for the fiscal year ending on the preceding September 30, 2007. The Annual Information referred to in clause (i) of paragraph (a) above in unaudited form (if the audited financial statements are not available or if the City no longer provides such financial information in audited form) will be available on or before March 31 for the fiscal year ending on the preceding September 30. The City also agrees to provide the Annual Information to each registered owner and Beneficial Owner of the Series 2007 Bonds who requests such information and pays to the City its costs of reproduction and transmission of such Annual Information. The City agrees to provide to each NRMSIR and the SID, if any, timely notice of its failure to provide the Annual Information. Such notice shall also indicate the reason for such failure and when the City reasonably expects such Annual Information will be available. (c) The Annual Information referred to in clause (i) of paragraph (a) above and presented in APPENDIX B to this Official Statement has been prepared in accordance with governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time, as such principles are modified by generally accepted accounting principles, promulgated by the Financial Accounting Standards Board, as in effect from time to time, and such other State of Florida mandated accounting principles as in effect from time to time. (d) If, as authorized by paragraph (f) below, the City's undertaking with respect to paragraph (c) above requires amending, the City undertakes and agrees that the Annual Information described in clause (i} of paragraph (a) above for the fiscal year in which the amendment is made will, to the extent possible, present a comparison between the Annual Information prepared on the basis of the new accounting principles and the Annual Information prepared on the basis of the accounting principles described in paragraph (c) above. The City agrees that such a comparison will, to the extent possible, include a qualitative discussion of the differences in the accounting principles and the impact of the change on the presentation of the Annual Information. (e) The City undertakes and agrees to provide in a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking Board and to the SID, if any, notice of the occurrence of any of the following events with respect to the Series 2007 Bonds, if material: (i) Principal and interest payment delinquencies; (ii) Non-payment related defaults; (iii) Unscheduled draws on any reserve account reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; 26 WP8/381657421 v22/016787.011900 (v) Substitution of credit or liquidity providers, or their failure to perform; (vi) Adverse tax opinions or events affecting the tax-exempt status of the Series 2007 Bonds; (vii) Modifications to rights of Bondholders; (viii) Bond calls (other than scheduled mandatory sinking fund redemptions); (ix) Defeasances of the Series 2007 Bonds; (x) Release, substitution, or sale of property securing repayment of the Series 2007 Bonds; (xi) Rating changes; and (xii) Failure of the City to comply with any provision of its undertaking as described under this heading, which in all cases such failure shall be deemed material. Notwithstanding the foregoing, notice of the events described in clauses (viii) and (ix) above need not be given any earlier than the time notice is required to be given to the registered owners of the Series 2007 Bonds. (f) Notwithstanding any provision of the Resolution to the contrary regarding amendments or supplements, the City undertakes and agrees to amend and/or supplement the City's undertaking (including the amendments referred to in paragraph (d) above) only if: (i) The amendment or supplement is made only in connection with a change in circumstances existing at the time the Series 2007 Bonds were originally issued that arises from (a) a change in law, (b) SEC pronouncements or interpretations, (c) a judicial decision affecting the Rule or (d) a change in the nature of the City's operations or the activities that generate the Utilities Taxes; (ii) The City's undertaking, as amended, would have complied with the requirements of the Rule at the time the Series 2007 Bonds were originally issued after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (iii) The amendment or supplement does not materially impair the interest of the registered owners and Beneficial Owners of the Series 2007 Bonds as determined by Bond Counsel or by a majority of the registered owners of the Series 2007 Bonds. In the event of an amendment or supplement under the City's undertaking, the City shall describe the same in the next report of Annual Information and shall include, as applicable, a 27 N/PB/381657421 v22/016787.011900 narrative explanation of the reason for the amendment or supplement and its impact, if any, on the financial information and operating data being presented in the Annual Information. (g) The City's undertaking as set forth in the Resolution and as described herein shall terminate if and when the Series 2007 Bonds are paid or deemed paid within the meaning of the Resolution. (h) The City acknowledges that its undertaking pursuant to the Rule set forth in the Resolution and as described herein is intended to be for the benefit of the registered holders and Beneficial Owners of the Series 2007 Bonds and shall be enforceable by such holders and Beneficial Owners; provided that, the holders' and Beneficial Owners' right to enforce the provisions of the City's undertaking shall be limited to a right to obtain specific enforcement of the City's obligations under the Resolution, and any failure by the City to comply with the provisions of the City's undertaking shall not be or constitute a covenant or monetary default with respect to the Series 2007 Bonds under the Resolution. (i) The City reserves the right to satisfy its obligations under the Resolution through agents; and the City may appoint such agents without the necessity of amending the Resolution. The City may also appoint one or more employees of the City to monitor and be responsible for the City's undertaking under the Resolution. (j} "Beneficial Owner" shall mean, for purposes of the City's undertaking, any person which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series 2007 Bonds (including persons holding Series 2007 Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of any Series 2007 Bonds for federal income tax purposes. The City has not failed to comply with any previous undertaking in a written contract or agreement to provide continuing disclosure pursuant to the Rule. ENFORCEABILITY OF REMEDIES The remedies available to the owners of the Series 2007 Bonds under the Resolution, the Bond Insurance Policy and Surety Bond referred to herein are in many respects dependent upon judicial actions which are often subject to discretion and delay. Under existing Constitutional and statutory law and judicial decisions, including specifically Title 11 of the United States Code, the remedies specified by the Federal Bankruptcy Code, the Resolution, the Series 2007 Bonds, the Bond Insurance Policy and Surety Bond referred to herein may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the Series 2007 Bonds (including Bond Counsel's approving opinion) will be qualified as to the enforceability of the various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency, or other similar laws affecting the rights of creditors or by such principles of equity as the court having jurisdiction may impose with respect to certain remedies which require or may require, enforcement by a court of equity. 28 WPB/381657421 v22/016787.011900 LITIGATION There is no litigation or controversy of any nature now pending or threatened (i) to restrain or enjoin the issuance, sale, execution or delivery of the Series 2007 Bonds or (ii) in any way questioning or affecting the validity of the Series 2007 Bonds, the Resolution, any proceedings of the City taken with respect to the authorization, sale or issuance of the Series 2007 Bonds or the pledge or application of any moneys provided for the payment of the Series 2007 Bonds The City is a party from time to time to various lawsuits incident to its operations. In the opinion of Susan A. Ruby, Esquire, City Attorney, there are no pending legal proceedings to which the City is a party, the ultimate disposition of which would have a material adverse effect on the finances or operations of the City or its ability to meet its obligations with respect to the Series 2007 Bonds. GENERAL PURPOSE FINANCIAL STATEMENTS The General Purpose Financial Statements (the "Financial Statements") and other information of the City for the fiscal year ended September 30, 2006, are included in APPENDIX B to this Official Statement. Such excerpts from the City's Comprehensive Annual Financial Report, including the auditor's report thereon, have been included in this Official Statement as public documents and consent from the auditors was not requested. The Financial Statements have been audited by Ernst & Young, LLP, independent auditors. The auditors have not performed any services relating to, and are therefore not associated with, the issuance of the Series 2007 Bonds. FINANCIAL ADVISOR The City has retained Public Financial Management, Inc., Orlando, Florida, as financial advisor (the "Financial Advisor") to the City in connection with the preparation of the City's plan of financing and with respect to the authorization and issuance of the Series 2007 Bonds. Although the Financial Advisor assisted in the preparation of this Official Statement, the Financial Advisor has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness or fairness of the information contained in this Official Statement. Public Financial Management, Inc. is a financial advisory consulting organization and is not engaged in the business of underwriting, marketing or trading of municipal securities or any other negotiable instruments. DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS Section 517.051, Florida Statutes, and the regulations promulgated thereunder (the "Disclosure Act") requires that the City make a full and fair disclosure of any bonds or other debt obligations that it has issued or guaranteed and that are or have been in default as to principal or interest at any time after December 31, 1975 (including bonds or other debt obligations for which it has served on as a conduit issuer such as industrial development or private activity bonds issued on behalf of private businesses). The City is not and has not ever been in default as to principal and interest on its bonds or other debt obligations. 29 WPB/381657421v22/016787.011900 MISCELLANEOUS All information included herein has been provided by the City, except where attributed to other sources. The summaries of and references to all documents, statutes, reports and other instruments referred to herein do not purport to be complete, comprehensive or definitive, and each such reference or summary is qualified in its entirety by reference to each such document, statute, report or other instrument. Copies of all such documents referred to herein are on file with the City Clerk of the City at 100 N.W. First Avenue, Delray Beach, Florida 33444. The information herein has been compiled from official and other sources and, while not guaranteed by the City, is believed to be correct. As far as any statements made in this Official Statement and the appendices attached hereto involve matters of opinion or of estimates, whether or not expressly stated, they are set forth as such and not as representations of fact and no representation is made that any of the estimates will be realized. Neither this Official Statement nor any statement that may have been made verbally or in writing is to be construed as a contract with the owners of the Series 2007 Bonds. [Remainder of page intentionally left blank.] 30 WPB/381657421v22/016787.011900 AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT The execution and delivery of this Official Statement has been authorized and approved by the City Commission. Concurrently with the delivery of the Series 2007 Bonds, the undersigned will furnish their certificate to the effect that, to the best of their knowledge, this Official Statement, other than information provided by DTC and the Bond Insurer did not as of its date, and does not as of the date of delivery of the Series 2007 Bonds, contain any untrue statement of a material fact or omit to state a material fact which should be included therein for the purpose for which this Official Statement is to be used, or which is necessary in order to make the statements contained therein, in the light of the circumstances in which they were made, not misleading. CITY OF DELRAY BEACH, FLORIDA By: Mayor By: City Manager 31 WPB/381657421 v22/016787.011900 APPENDIX A General Information Concerning the City of Delray Beach, Florida and Palm Beach County, Florida The following information concerning the City of Delray Beach, Florida (the "City") and Palm Beach County, Florida (the "County") is included only for the purposes of providing general background information. The information has been compiled by the City and on behalf of the City, and such compilation involved oral and written communication with various sources as indicated. The information in this APPENDIX A is subject to change. CITY OF DELRAY BEACH, FLORIDA Introduction The City, approximately 16 square miles in area, is located in the southeast portion of the State of Florida ("State"), in the southeast section of the County. Incorporated May 1 1, 1927, the City has an estimated permanent population of 64,095 (as of 2006) and an additional estimated seasonal population of 12,600. Climate The climate of the City is best described as subtropical marine. The average year-round temperature is 74.1 degrees with the mean winter temperature at 65.9 degrees and the summer mean temperature at 82.3 degrees. Rainfall occurs year-round, but is heaviest in the summer; the average rainfall is 64.26 inches. The mild climate is primarily a result of the proximity to the Gulf Stream and the prevailing ocean breezes. City Government The City Commission is the principal legislative and governing body of the City. The Commission's mailing address is 100 N.W. First Avenue, Delray Beach, Florida 33444. The City operates under aCommission-Manager form of government. The Mayor, elected every two years, presides over a board of four commission members who are elected to two-year alternating terms by the community at large. The City Commission appoints the City Manager, City Attorney and certain general advisory boards. Major departments of the City include: Administrative Services, City Clerk, Community Improvement, Environmental Services, Finance, Fire, Human Resources, Parks and Recreation, Planning and Zoning, and Police. The City Manager " The chief administrative official of the City is the City Manager. The City Manager is directly responsible to the Commission for the administration and operation of the City's departments and for execution of all Commission policies. The City Manager is also responsible to the Commission for preparation of the City's budget and for control of expenditures throughout the budget year. WPB/381657421 v22/0 1 6 78 7.011900 A-1 Education The City is served by six elementary schools, one middle school, one high school, and two schools that serve all grades, all operated by the Palm Beach County School Board. A program called "Sharing for Excellence" establishes a covenant between the citizens of Delray Beach and the Palm Beach County School Board to save inner-city schools and reduce the number of Delray Beach students being bussed out of the City to meet integration mandates. In addition to public schools, the City is served by eleven private schools. Higher education is available at Palm Beach Community College (11 miles to the north), Florida Atlantic University (6 miles to the south), Lynn University (7 miles to the south), Palm Beach Atlantic University (20 miles to the north), Barry University School of Adult and Continuing Education (7 miles to the south), New York Institute of Technology (7 miles to the south) and South County Technical Center (just north of the City). Florida Atlantic University is a four-year and graduate university. It has nine colleges: Architecture, Urban and Public Affairs, Arts and Letters, Business, Education, Nursing, Science, Biomedical Science, Engineering and Computer Science, and Honors and offers 16 graduate degrees at the master's and doctorate levels. For the school year 2007/2008, the Palm Beach County School Board is operating 104 elementary schools, 33 middle schools, 23 senior high schools, and 7 alternative and special other schools throughout the County. Transportation Lying along Florida's Gold Coast between Miami and West Palm Beach, the City has benefited greatly from well-developed transportation systems servicing Florida's entire southeast coast. There are eight north-south roadways which run through Palm Beach County, including U.S. Highway 1, Congress Avenue, State Road AlA, the Florida Turnpike and Interstate 95. U.S. Highway 1 and Congress Avenue are the main arteries through the City running north and south. The Florida Turnpike and Interstate 95 have entrance access at Delray Beach. There are also two railroads, Florida East Coast Railway and CSX Railroad, and four east-west roadways to accommodate surface transportation in Palm Beach County. Bus transportation is also available in the City through the County operated bus system. The City is also served by the Tri-County Rail System ("Tri-Rail"). Tri-Rail is a high- speed commuter rail line that operates regularly scheduled service between Miami and West Palm Beach. Greyhound Bus Lines provides additional ground transportation to most major Florida cities. Amtrak also provides passenger rail accommodations and has a station stop located in the City. Major air carriers and commuter airlines provide commercial air service at Palm Beach International Airport (PBIA). PBIA is fifteen miles to the north of the City. The volume of WPB/381657421 v22/01 6 78 7.011900 A-2 passenger traffic at PBIA increased from 2,582,802 in 1980 to 6,814,017 in Fiscal Year 2006. PBIA also serves general aviation traffic. There are five general aviation airports in the County. The Fort Lauderdale-Hollywood International Airport and the Miami International Airport are within 50 miles to the south of the City. The Port of Palm Beach, located within 30 miles of the City, operates ship terminal facilities on approximately 90 acres of land located in Riviera Beach, Florida and fronting on Lake Worth, Florida. A 35-foot deep channel to the Lake Worth Inlet provides access to the port facilities. It is the fourth busiest container port in Florida and 18t" busiest in the continental U.S. Port Everglades, within 50 miles of the City, and Port of Miami, within 60 miles of the City, are major ports for cruise and cargo transportation. CITY POPULATION ESTIMATES, SCHOOL ENROLLMENT AND UNEMPLOYMENT RATE The following table shows the City population estimates, school enrollment and unemployment rates for the past ten years. School Unemployment Year Population Enrollment Rate 1997 52,920 7,607 9.0% 1998 53,471 9,175 8.1 1999 53,589 9,634 7.4% 2000 60,020 10,141 5.3 2001 60,645 8,950 6.3% 2002 61,527 8,321 7.6% 2003 62,578 8,186 7.1% 2004 63,439 7,852 6.3% 2005 63,888 8,652 3.8% 2006 64,095 8,100 3.1% Source: City of Delray Beach Comprehensive Annual Financial Report, Year Ended September 30, 2006. [Remainder of page intentionally left blank.] WPB/381657421 v22/0? 6787.011900 A-3 CITY OF DELRAY BEACH BUILDING PERMIT ACTIVITY Industrial and Commercial Construction Residential C onstruction FY No. of Permits Value No. of Units Value 1997 34 6,852,230 489 58,382,613 1998 24 9,343,455 291 39,461,414 1999 26 7,850,092 350 39,407,811 2000 42 16,897,724 343 39,410,536 2001 55 27,106,834 536 55,920,946 2002 36 19,886,320 599 59,890,130 2003 37 14,246,005 606 77,976,436 2004 50 27,645,645 401 66,364,186 2005 43 29,836,939 471 79,798,239 2006 33 38,684,983 301 58,174,105 Source: Community Improvement Department estimates. [Remainder of page intentionally left blank.] WPB/381657421 v22/016787.011900 A-4 Palm Beach County, Florida General Introduction The County was founded in 1909 and encompasses an area of 2,023 square miles. It is located on the lower east coast of the Florida peninsula with 46 miles of Atlantic Ocean frontage and 25 miles of frontage on Lake Okeechobee. The County has asemi-tropical climate with an average temperature of 74.9 degrees and an average rainfall of 61.7 inches. These and other natural amenities, including 88 local, State and Federal recreational areas of more than 10 acres and 163 golf courses, have enabled the County to develop a yeaz-round tourist industry. There are 38 incorporated municipalities within the County, eleven of which have a population in excess of 25,000. West Palm Beach is the County seat and is the largest city in the County, with a 2005 estimated population of 107,617 persons. The County has a 2006 estimated population of 1,287,987. POPULATION The County is the third largest county in the State in terms of population and ninth in density, with approximately 637 persons per square mile. Its population increased 53% in the 1960-70 decade, 65% in the 1970-1980 decade, and 49.7% in the 1980-1990 decade. For the decade of 1990-2000, the increase was 27.6%. Population Growth Palm Beach County Florida United States Year Population % Change Population % Change Population % Change 1960 228,106 98.9 4,951,560 78.7 179,323,000 18.6 1970 348,993 53.0 6,789,443 37.1 203,212,000 13.3 1980 576,758 65.3 9,746,961 43.5 226,546,000 11.5 1990 863,518 49.7 12,937,926 32.7 248,709,000 9.8 2000~'~ 1,131,184 31.0 15,982,378 23.5 275,860,949 10.9 2001 1,154,464 2.1 16,331,739 2.2 285,371,621 3.4 2002 1,183,197 2.5 16,674,608 2.1 290,299,949 1.7 2003 1,211,448 2.4 17,019,000 2.4 292,287,454 0.7 2004 1,242,270 2.5 17,516,732 2.6 295,340,436 1.0 2005 1,265,900 1.9 17,789,864 1.6 296,410,404 0.4 2006 1,287,987 1.7 17,918,227 0.7 300,662,937 1.4 Source: University of Florida, Bureau of Economic and Business Research and the U.S. Bureau of the Census. United States data is estimated as of December 1, 2006. Adjustment due to census. Age Distribution The age distribution in the County is similar to that of the State of Florida (the "State"), but differs significantly with that of the nation. Both the County and the State have a WPB/381657421 v2 2/0 1 6 78 7.011900 A-5 considerably larger proportion of persons aged 65 years and older than the remainder of the nation, and this age group, up to four years ago, had been increasing in the County. In 1986, 25% of the persons in the County were estimated to have been over 65 years old. Estimates by the Palm Beach County Planning, Zoning and Building Department, based on various data sources, place the 65 and over age group at 21% of the County's estimated population as of 2005. Population Distribution by Age Group Age Group 2005~~~ 2003 2002 2001 2000 1990 1980 1970 0-14 18% 21% 18% 18% 18% 17% 17% 25% 15-64 61% 57% 59% 59% 59% 59% 60% 58% 65+ 21% 22% 23% 23% 23% 24% 23% 17% (1): Data not available for 2004. Source: For information through 2003: University of Florida, Bureau of Economic and Business Research; for information for 2005: Palm Beach County Deparhnent of Planning, Zoning and Building as compiled from various sources. Income The following table shows the per capita personal income reported for the County, the State and the United States. Per Ca pita Personal Income Palm Beach County Florida United States Year Dollars % Fla. %U.S. Dollars %U.S. Dollars 1996 $38,081 157.4 155.8 $24,198 99.0 $24,436 1997 $38,772 156.3 153.3 $24,799 98.1 $25,288 1998 $39,182 149.8 145.7 $26,161 97.3 $26,893 1999 $39,545 148.7 142.0 $26,593 95.5 $27,843 2000 $43,107 147.7 139.2 $27,764 94.2 $29,469 2001 $43,966 150.2 143.4 $29,048 95.5 $30,413 2002 $44,041 148.3 143.2 $29,700 96.4 $30,814 2003 $43,755 144.5 139.1 $30,290 96.0 $31,466 2004 $48,034 147.6 145.2 $32,534 98.3 $33,090 2005 $50,371 148.1 146.1 $34,001 98.6 $34,471 Source: For 1996-2002: Florida Department of Revenue and U.S. Department of Commerce, Bureau of Economic Analysis; for 2003-2005: University of Florida, Bureau of Economic and Business Research and U.S. Department of Commerce, Bureau of Economic Analysis Employment Tourism and agriculture, together with the service industries related to these activities, are the leading sources of employment. Manufacturing, primarily electronics and aircraft engines and other high technology products also plays an important role in the County's economy. The WPB/381657421 v22/016787.011900 A-6 table that follows shows the County's estimated monthly average on an annual basis for non- farm employment by economic sector. Industr~tle 2006 Monthly 2005 Monthly Average* Average* TOTAL NONAGRICULT. EMPLOY. 585.7 572.4 TOTAL PRIVATE 520.0 507.5 Goods Producing 67.6 63.1 Construction 47.1 43.1 Specialty Trade Contractors 29.2 26.1 Manufacturing 20.4 19.9 Service Providing 518.0 509.4 Private Service Providing 452.4 444.4 Trade, Transportation, and Utilities 106.3 103.6 Wholesale Trade 22.9 21.9 Retail Trade 73.4 71.7 Food and Beverage Stores 15.2 15.1 Health and Personal Care Stores 5.3 5.3 General Merchandise Stores 12.7 11.8 Transportation, Warehousing, and 10.0 10.0 Utilities Information 11.5 11.1 Financial Activities 40.6 39.6 Finance and Insurance 25.3 25.0 Depository Credit Intermediation 7.7 7.7 Professional and Business Services 120.9 121.5 Professional and Technical Services 37.2 36.1 Management of Companies and 7.8 8.4 Enterprises Administrative and Waste Services 75.9 77.0 Employment Services 46.2 47.5 Education and Health Services 75.9 74.9 Ambulatory Health Care Services 31.2 30.7 Hospitals 16.6 16.7 Leisure and Hospitality 71.7 69.1 Accommodation and Food Services 55.4 53.5 Accommodation 10.6 10.4 Food Services and Drinking Places 44.9 43.2 Other Services 25.5 24.7 Total Government 65.7 64.9 Federal 6.2 6.2 State 8.9 9.0 Local 50.6 49.8 *Estimates are in thousands (rounded to the nearest hundred). Sum of detail may not equal totals due to rounding or the exclusion of certain industries. Source: Florida Agency for Workforce Innovation, Labor Market Statistics Center, released March, 2007. WPB/381657421 v22/016787.011900 A_7 The data on County unemployment in the following table represents annual averages. Unemnlovment Rates Civilian Palm Beach Year Labor Force Coun Florida United States 1996 461,526 7.0 5.2 5.4 1997 482,486 6.3 4.8 4.9 1998 507,754 5.5 4.3 4.5 1999 543,006 4.8 4.0 3.8 2000 524,708 4.1 3.6 3.8 2001 541,377 5.9 4.5 4.7 2002 553,833 6.4 5.4 5.4 2003 590,677 6.2 5.4 5.8 2004 598,785 5.7 4.7 5.1 2005 616,401 4.2 3.8 5.5 2006 631,038 3.6 3.3 4.6 Source: For 1996 to 2004: Palm Beach County CAFR, Fiscal Year ended 9/30/06 and Florida Agency for Workforce Innovation, Labor Markets and Statistics; for 2005 & 2006: Florida Agency for Workforce Innovation, Labor Markets and Statistics Ten Lamest Private Employers (as of August, 20061 Emuloyers Emnlovees Columbia Palm Beach Health Care System, Inc. 5,200 Tenet Healthcare Corp. 4,794 Florida Power & Light Company 2,850 Boca Raton Resort & Club 2,200 U.S. Sugar Corp 2,100 Florida Crystals 2,000 The Breakers 1,800 Office Depot 1,750 Bethesda Memorial Hospital 1,604 A. Duda & Sons Growers 1,500 Source: Business Development Board of Palm Beach County [Remainder of page intentionally left blank] WPB/381657421 v22/016787.011900 A_g Five LarEest Agricultural Employers (as of August, 2006) Employers Emplovees U.S. Sugar Corporation 2,100 Florida Crystals 2,000 A. Duda & Sons Growers 1,500 Thomas Produce Company 1,000 Du Bois Harvesting 400 Source: Business Development Board of Palm Beach County Ten Lareest Public Employers (as of August, 2006) Employers Emplovees The School District of Palm Beach County (Education) 21,616 State Government 9,200 Palm Beach County (County Government) 6,594 Federal Government 6,300 Florida Atlantic University (Higher Education) 2,825 City of Boca Raton (City Government) 1,880 City of West Palm Beach (City Government) 1,784 Veterans Health Administration 1,350 Palm Beach Community College (Higher Education) 940 City of Boynton Beach (City Government) 914 Source: Business Development Board of Palm Beach County and Palm Beach County CAFR, Fiscal Year ended 9/30/06 Tourism Visitors to the Palm Beaches have a significant economic impact on the County. Tourism is the County's number one industry, contributing approximately $2.8 billion to the area's local economy. Tourism accounts for more than 40,000 jobs in the County. A total of 7.2 million tourists visited the County during calendar year 2004. Agriculture Agriculture is a major source of income in the County's economy. The Glades region of the County is one of the nation's most productive farming areas. According to the Palm Beach County Business Development Board, Palm Beach County leads the State of Florida and all counties east of the Mississippi River in total agricultural sales. The estimate annual economic impact of agriculture to the County in fiscal year 2005/2006 approximated $2 billion. Additionally, Palm Beach County leads the nation in the production of sugar cane and sweet corn WPS/381657421 v22/016787.011900 A-9 and leads Florida in the production of bell peppers, radishes, rice, lettuce, celery, specialty leaves and Chinese vegetables. Sugar refining, food processing and other industries directly related to agricultural output also provide an important source of income and employment. Construction Building permit activity in the unincorporated area of the County has been reported as follows: Residential Commercial Year Units Value Value Other 1 Valuation 1995 10,732 $ 995,399 $974,086 $417,578 $1,507,063 1996 9,311 932,675 143,940 323,503 1,400,118 1997 9,060 979,247 188,277 451,299 1,618,773 1998 10,677 1,159,302 227,318 752,374 2,138,994 1999 10,242 1,217,582 394,868 776,015 2,388,464 2000 10,026 1,507,878 360,271 918,780 2,786,929 2001 10,091 1,377,870 484,771 798,827 2,661,467 2002 11,834 1,774,629 133,558~2~ 923,155 2,831,342 2003 14,737 2,397,041 163,338~2~ 912,177 3,472,556 2004 14,652 2,548,036 182,623~Z~ 899,288 3,625,759 2005 12,360 2,698,844 302,036~Z~ 1,459,457 4,460,336 2006 6,927 1,746,918 141,041~2~ 698,091 2,586,050 Source: Palm Beach County Department of Planning, Zoning and Building (1) Hotels, motels, mobile home park additions, public construction, alterations and repairs (2) Some municipalities did not report the commercial and industrial values in Fiscal Years 2002, 2003, 2004. 3005 and 2006. WPB/381657421 v22/016787.011900 A-10 APPENDIX B City of Delray Beach, Florida General Purpose Financial Statements and Other Information For the Fiscal Year Ended September 30, 2006 This presentation excludes the required supplementary information, combining and individual fund statements and schedules, general fund schedules, debt schedules, and supporting schedules and statistical information normally found in the Comprehensive Annual Financial Report. The complete Comprehensive Annual Financial Report will be filed by the City in its entirety as part of the City's Continuing Disclosure Undertaking. B-1 WPB/381657421v22/016787.011900 APPENDIX C SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION The following is a general summary of provisions of the Resolution. This summary is not to be considered a complete statement of the Resolution and, accordingly, is qualified by reference thereto and is subject to the full text thereof. A copy of the Resolution may be obtained from the City upon request. Definitions. For purposes of this summary, the capitalized terms herein shall have the following respective meanings: "Act" shall mean the Charter of the City, as amended and supplemented; the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented and other applicable provisions of law. "Bonds" shall mean any bonds, notes or other evidences of indebtedness (other than subordinated debt issued under the terms and provisions of the Resolution unless the context clearly requires otherwise}, as the case may be, issued, authenticated and delivered under and pursuant to the Resolution, together with any a~ri passu additional bonds hereafter issued in the manner provided in the Resolution. "Code" shall mean the Internal Revenue Code of 1986, as amended, and all subsequent tax legislation duly enacted by the Congress of the United States to the extent applicable to any Series of Bonds issued pursuant to the Resolution. Each reference to a section of the Code in the Resolution shall be deemed to include, if applicable, final, temporary or proposed regulations, revenue rulings and procedures issued or amended with respect thereto, and any final, temporary or proposed regulations and revenue rulings and procedures, as promulgated under the Internal Revenue Code of 1954, as amended, by the Treasury Department or Internal Revenue Service of the United States. "Communications Services Tax" shall mean the tax the City receives on communications services pursuant to the provisions of the Communications Services Tax Simplification Law codified as Chapter 202, Florida Statutes, as amended and supplemented. "Credit Facility" or "Credit Facilities" shall mean either individually or collectively, as appropriate, any Bond Insurance policy, surety bond, letter of credit, line of credit, guaranty, or such other instrument or instruments that would enhance the credit of the Bonds. The term Credit Facility shall not mean a Reserve Account Credit Facility Substitute. "Credit Facility Issuer" shall mean the provider of a Credit Facility. C-1 WPB/381657421v22/016787.011900 "Debt Service Reserve Requirement" shall mean, with respect to each Series of Bonds, an amount equal to (i) the maximum amount of principal of and interest on such Series becoming due in any succeeding Fiscal Year or (ii) one hundred twenty-five percent (125%) of the average annual amount of principal of and interest on such Series becoming due in any succeeding Fiscal Year or (iii) ten percent (10%) of the net proceeds (as such term is defined under the Code for such purpose) of such Series, whichever is the lesser. All or a portion of such Debt Service Reserve Requirement may be satisfied by obtaining a Reserve Account Credit Facility with the requisite coverage. "Defeasance Obligations" shall mean to the extent permitted by law and (other than with respect to the obligations described in clause (a) below) acceptable to the Credit Facility Issuer if the principal of and interest on the defeased Bonds is secured by a Credit Facility and such Credit Facility Issuer is not in default under such Credit Facility or, if not so secured by a Credit Facility, acceptable to the Rating Agency or Agencies then rating the defeased Bonds: (a) U. S. Obligations which are not redeemable prior to maturity except by the holder thereof; (b) any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (i) which are not callable prior to maturity or as to which irrevocable instructions have been given to the trustee of such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (ii) which are secured as to principal and interest and redemption premium, if any, by a fund consisting only of cash or bonds or other obligations of the character described in clause (a) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the redemption date or dates specified in the irrevocable instructions referred to in subclause (i) of this clause (b), as appropriate, and (iii) as to which the principal of and interest on the bonds and obligations of the character described in clause (a) hereof which have been deposited in such fund along with any cash on deposit in such fund are sufficient to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this clause (b) on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to in subclause (i) of this clause (b), as appropriate; and (c) Evidences of ownership of proportionate interests in future interest and/or principal payments on obligations described in clause (a) held by a bank or trust company as custodian. "Fiscal Year" shall mean that period commencing on October 1 and continuing to and including the next succeeding September 30, or such other annual period as may be prescribed by law as the fiscal year of the City. C-2 WPB/381657421 i/22/01 6 78 7.011900 "Maximum Annual Debt Service Requirement" shall mean, at any time, the maximum amount required to be deposited in the then current or any succeeding Fiscal Year into the Interest Account, Principal Account and Bond Redemption Account, as provided in the Resolution; provided, however, that such amount shall be reduced by any estimated earnings or investment income from investments in any of the funds or accounts created and established under the Resolution, which are required to be deposited in the Interest Account by the terms of the Resolution. The amount of Term Bonds maturing in any Fiscal Year which were subject to mandatory redemption, in part, prior to their stated date of maturity by operation of the Bond Redemption Account shall not be included in determining the Maximum Annual Debt Service Requirement in their final Fiscal Year of maturity. "Maximum Interest Rate" shall mean, with respect to any particular Series of Variable Rate Bonds issued pursuant to the terms and provisions of the Resolution, the maximum rate of interest such Bonds may bear at any particular time, which rate shall not exceed the rate of interest allowed under Florida law. "Moody's" shall mean Moody's Investors Service, Inc., a corporation organized and existing under the laws of the State of Delaware, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized securities rating agency designated by the City. "Outstanding" shall mean, when used with reference to the Bonds authorized under the Resolution, as of any particular date, all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under the Resolution, except (i) Bonds theretofore or thereupon canceled by the Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect to which all liability of the City shall have been discharged in accordance with the terms and provisions of the Resolution; (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to any provision of the Resolution; (iv) Bonds canceled after purchase in the open market or because of payment at redemption prior to maturity; and (v) Bonds held or purchased by the City. "Permitted Investments" shall mean (i) to the extent permitted by law U.S. Obligations and (ii) all other investments permitted under the laws of Florida that are permitted under the City's adopted investment policies and acceptable to the Credit Facility Issuer, if any. "Rating Agency" or "Agencies" shall mean Moody's and/or S&P, and/or such other nationally recognized securities rating agency, whichever shall have a rating then in effect with respect to the Bonds. "S&P" shall mean Standard & Poor's Corporation, a corporation organized and existing under the laws of the State of New York, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "S&P" shall be deemed to refer to any other nationally recognized securities rating agency designated by the City. C-3 WP8/381657421 X12/016787.011900 "Tax Certificate" shall mean the Arbitrage Certificate executed by the City on the date of initial issuance and delivery of any Series of Bonds, as such Tax Certificate may be amended from time to time, a source of guidance for achieving compliance with the Code. "U.S. Obligations" shall mean the direct obligations of, or obligations on which, the timely payment of principal and interest are unconditionally guaranteed by the United States of America, and, if determined by subsequent proceedings of the Commission, certificates which evidence ownership of the right to the payment of the principal of, or interest on, such obligations. "Utilities Tax" shall mean the tax imposed by said City on each and every purchase in the City of electricity, metered and bottled gas (natural liquified petroleum gas or manufactured) and the Communications Services Tax. Said term shall also apply to all taxes imposed by the City on the purchase of utility services other than water and communication services, whether levied in the amounts prescribed by the Utilities Tax Ordinance or in any other amounts and whether imposed on the purchase of the same utilities services or any other or additional utilities services, by amendment to the Utilities Tax Ordinance or such other resolution or ordinance of the City. This definition shall be applicable to the Bonds and all ~ vassu additional Bonds issued pursuant to the Resolution. "Utilities Tax Ordinance" shall mean all proceedings imposing the Utilities Tax, including Ordinance No. 535 of the City adopted on July 9, 1945, as amended, and every supplementary ordinance or other ordinance in lieu thereof as may hereafter be adopted. "Variable Rate Bonds" shall mean Bonds issued with a variable, adjustable, convertible or other similar rate which is not fixed in percentage for the entire term thereof at the date of issue. Resolution Constitutes a Contract. In consideration of the acceptance of the Bonds authorized to be issued under the Resolution by those who shall hold the same from time to time, the Resolution shall be deemed to be and shall constitute a contract between the City and such Bondholders, and the covenants and agreements set forth in the Resolution to be performed by the City shall be for the equal benefit, protection and security of the Holders of any and all of such Bonds, all of which shall be of equal rank and without preference, priority, or distinction of any of the Bonds over any other thereof except as expressly provided therein and in the Resolution. Negotiability and Registration. At the option of the registered holder thereof and upon surrender thereof at the designated corporate trust office of the Registrar with a written instrument of transfer satisfactory to the Registrar duly executed by the registered holder or his or her duly authorized attorney and upon payment by such holder of any charges which the Registrar may make as provided in the Resolution, the Bonds may be exchanged for Bonds of the same Series, interest rate and maturity of any other authorized denominations. C-4 WP8/381657421 v22/016787.011900 The Registrar shall keep books for the registration of Bonds and for the registration of transfers of Bonds. The Bonds shall be transferable by the holder thereof in person or by his or her attorney duly authorized in writing only upon the registration books of the City kept by the Registrar and only upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the holder or his or her duly authorized attorney. Upon the transfer of any such Bond, the City shall issue in the name of the transferee a new Bond or Bonds. There shall be no charge for any such exchange or transfer of Bonds, but the City or the Registrar may require the payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. Neither the City nor the Registrar shall be required (i) to transfer or exchange Bonds for a period from a Record Date to the next succeeding Interest Payment Date ~on such Bonds or 15 days next preceding any selection of Bonds to be redeemed or thereafter until after the mailing of any notice of redemption; or (ii) to transfer or exchange any Bonds called for redemption. Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bond shall become mutilated, destroyed, stolen or lost, the City may execute and the Registrar shall authenticate and deliver a new Bond of like date, maturity, denomination and interest rate as the Bond so mutilated, destroyed, stolen or lost; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the City and, in the case of any lost, stolen or destroyed Bond, there shall first be furnished to the City and the Registrar evidence of such loss, theft, or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event any such Bond shall be about to mature or have matured or have been called for redemption, instead of issuing a duplicate Bond, the City may pay the same without surrender thereof. The City and the Registrar may charge the Holder of such Bond their reasonable fees and expenses in connection with this transaction. Utilities Tax Covenant. The City has covenanted that in each Fiscal Year, as long as any of the Bonds issued under the Resolution are Outstanding, it will take all lawful action necessary or required to continue to entitle the City to receive the Utilities Tax proceeds and will take no action which will impair or adversely affect its receipt of such proceeds. The City has further covenanted that it shall not repeal the Utilities Tax Ordinance. To the extent necessary for the City to meet its obligations under the Resolution and any resolution supplemental thereto, it shall increase the rate of the Utilities Tax to the highest rate legally permitted under applicable law and the City has agreed to enact every substitute or supplemental ordinance which may, for any reason, become legally necessary or necessary to comply with the provisions of the Resolution. Establishment of Funds and Account; Disposition of Pledged Revenues. The following funds and accounts have been created and established by the Resolution: Sinking Fund, which shall consist of an Interest Account, Principal Account, a Bond Redemption Account, and a Debt Service Reserve Account for the Bonds (in the Resolution, the C-5 WPB/381657421v22/016787.011900 City has reserved the right but has not covenanted to establish additional separate Debt Service Reserve Accounts in the Sinking Fund for any other Series of Bonds hereafter issued pursuant to the Resolution); and Acquisition/Construction Fund, and within such Fund, a 2007 Cost of Issuance Cost Center. All or a portion of the Utilities Tax Proceeds collected each month by the City shall be deposited in the following manner and amounts (hereinafter, the Utilities Tax proceeds deposited in the Sinking Fund are referred to as the "Pledged Revenues"): 1. Pledged Revenues shall be used, to the full extent necessary, for deposit into the Interest Account in the Sinking Fund, on the fifteenth (15th) day of each month, beginning with the fifteenth (15th) day of the first full calendar month following the date on which any or all of the Bonds are delivered to the purchaser thereof, such sums as shall be sufficient to pay one-sixth (1/6th) of the interest becoming due on the Bonds on the next semiannual Interest Payment Date; provided, however, that such monthly deposits for interest shall not be required to be made into the Interest Account to the extent that money is on deposit therein; and provided further, that in the event the City has issued 1?~ passe additional Variable Rate Bonds pursuant to the provisions of the Resolution, Pledged Revenues shall be deposited at such other or additional times and amounts as necessary to pay the interest becoming due on the Bonds on the next Interest Payment Date, all in the manner provided in the supplemental resolution authorizing such ~ ap ssu additional Variable Rate Bonds. The income and investment earnings derived from the moneys and investments on deposit in the Interest Account shall be retained therein and the moneys and investment earnings on deposit in the Principal Account, the Bond Redemption Account and the Debt Service Reserve Accounts shall be deposited in the Interest Account, and such income and investment earnings shall be credited against the amount of Pledged Revenues required to be deposited in the Interest Account. In the event that the period to elapse between the date of the delivery of the Bonds and the next semiannual Interest Payment Date will be less or more than six (6) months, then such monthly payments shall be increased or decreased accordingly in sufficient amounts to provide the required semiannual interest amount maturing on the next Interest Payment Date. 2. Pledged Revenues shall next be used, to the full extent necessary: (a) for deposit in the Principal Account in the Sinking Fund, on the fifteenth (15th) day of each month in each year, one twelfth (1/12th) of the principal amount or Accreted Value of the Series Bonds which will mature and become due on the next annual maturity date, as shall be determined by subsequent proceedings of the Commission. In the event the period to elapse between the date of delivery of the Bonds and the next principal payment date will be less or more than twelve (12) months, then such monthly payments shall be increased or decreased accordingly in sufficient amounts to provide the required principal amount maturing on the next principal payment date. C-6 WPB/381657421v22/016787.011900 (b) for deposit into the Bond Redemption Account in the Sinking Fund (or such special subaccount created therein for Term Bonds of a particular maturity by subsequent proceedings of the Commission), on the fifteenth (15th) day of each month in each year, one twelfth (1/12th) of the amount required for the payment of the Term Bonds, as shall be determined by subsequent proceedings of the Commission, until the amount on deposit therein is equal to the amount required to be paid on the next installment payment date. The moneys in the Bond Redemption Account (or such special subaccount created therein for the Term Bonds of a particular maturity by subsequent proceedings of the Commission) shall be used solely for the purchase or redemption of the Term Bonds payable therefrom. The City may purchase any of the Term Bonds at prices not greater than par and accrued interest and may purchase Capital Appreciation Bonds and/or Capital Appreciation and Income Bonds (if such Capital Appreciation Bonds or Capital Appreciation and Income Bonds are Term Bonds) at prices not greater than the Accreted Value or Appreciated Value, as the case may be, as of the date of purchase. If, by the application of moneys in the Bond Redemption Account, the City shall purchase or call for redemption in any year Term Bonds in excess of the installment requirement for such year, such excess of Term Bonds so purchased or redeemed shall, at the option of the City either be credited on a pro rata basis over the remaining installment payment dates or credited against the following year's installment requirement. The City shall, to the extent of any moneys in the Bond Redemption Account (or such special account created therein for Term Bonds or a particular maturity by subsequent proceedings of the Commission), be mandatorily obligated to use such moneys for the redemption prior to maturity of Term Bonds in such manner and at such times as shall be determined by subsequent proceedings of the Commission. No distinction or preference shall exist in the use of moneys on deposit in the Sinking Fund for payment into the Interest Account, the Principal Account and the Bond Redemption Account in the Sinking Fund, such accounts being on a parity with each other. 3. To the extent not funded from Bond proceeds or covered by Reserve Account Credit Facility Substitutes (as herein defined), Pledged Revenues shall next be used on a pro rata basis, to the full extent necessary, for deposits into each of the Debt Service Reserve Accounts in the Sinking Fund, on the fifteenth (15th) day of each month in each year, beginning with the fifteenth (15th) day of the first full calendar month following the date on which any or all of the Bonds issued are delivered to the purchaser thereof, such sums as shall be sufficient to pay an amount equal to one-twelfth of twenty percent (1/12th of 20%) of the Debt Service Reserve Requirement applicable for each Series of Bonds; provided, however, that no payments shall be required to be made into the Debt Service Reserve Accounts whenever and as long as the amount deposited therein shall be equal to the Debt Service Reserve Requirement for such Series of Bonds; provided further, however, that if Revenues are insufficient to make the required deposits into the applicable Debt Service Reserve Accounts, such Revenues, which are available, will be deposited therein on a pro rata basis. C-7 WPB/381657421v22/016787.011900 Notwithstanding the foregoing provisions, in lieu of the deposits of Pledged Revenues into any of the Debt Service Reserve Accounts created and established under the Resolution, the City may cause to be deposited into any of the Debt Service Reserve Accounts a surety bond, an unconditional direct pay letter of credit issued by a bank, a reserve account line of credit or a municipal bond insurer for the benefit of the Holders of the applicable Series of Bonds for which such Debt Service Reserve Account has been created (sometimes referred to herein as a `Reserve Account Credit Facility Substitute") in an amount equal to the difference between the Debt Service Reserve Requirement for such Series of Bonds and the sums then on deposit in the applicable Debt Service Reserve Account, if any, which Reserve Account Credit Facility Substitute shall be payable (upon the giving of notice as required thereunder) on any interest payment date on which a deficiency exists which cannot be cured by funds in any other account held pursuant to the Resolution and available for such purpose under the terms and order of priority as established by the Resolution. In addition, the City, at any time by subsequent proceedings of the Commission, may substitute a Reserve Account Credit Facility Substitute for all or part of the moneys on deposit in any of the Debt Service Reserve Accounts. Under such circumstances, the principal amount of Reserve Account Credit Facility Substitute and the moneys on deposit in such Debt Service Reserve Account shall be in an amount equal to the Debt Service Reserve Requirement for such Series of Bonds for which such Debt Service Reserve Account was created. Such municipal bond insurer or bank in the case of a letter of credit or line of credit shall be one whose municipal bond insurance policies or unconditional direct pay letters of credit or other type of credit enhancement insuring or guaranteeing the payment, when due, of the principal of and interest on municipal bond issues results in such issues being rated in the highest rating category by any Rating Agency or Agencies then rating the Bonds, and in the case the provider of such Reserve Account Credit Facility Substitute is an insurer, such insurer holds the highest policyholder rating accorded to insurers by the Rating Agency or Agencies then rating the Bonds and by A.M. Best & Company, or any comparable service. If a disbursement is made from a Reserve Account Credit Facility Substitute, the City shall be obligated to reinstate the maximum limits of such Reserve Account Credit Facility Substitute following such disbursement at the time or times required by the issuer of the Reserve Account Credit Facility, or, with the consent of the issuer of such Reserve Account Credit Facility Substitute, to replace such Reserve Account Credit Facility Substitute by depositing into the applicable Debt Service Reserve Account from the revenues, as provided in the Resolution, immediately following the receipt of the consent of the issuer of such Reserve Account Credit Facility Substitute, funds in the maximum amount originally payable under such Reserve Account Credit Facility Substitute, or any combination of such alternatives. If a disbursement is made from more than one Reserve Account Credit Facility Substitute and/or from moneys on deposit in more than one Debt Service Reserve Account, the City shall be required to reinstate each Reserve Account Facility Substitute and/or make deposits therein, as described above, on a pro rata basis. In the event a Debt Service Reserve Account is funded, both with cash (including Permitted Investments of such cash) and a Reserve Account Credit Facility Substitute in the aforementioned manner, and it is necessary to make payments attributable to debt service on the Series of Bonds for which such Debt Service Reserve Account relates into the Interest Account, Principal Account or Bond Redemption Account in the Sinking Fund when moneys in the Sinking Fund, are insufficient therefor, the City covenants to deposit the cash (including Permitted Investments of such cash) on deposit in such Debt Service Reserve Account into such WPB/381657421 v22/016787.011900 C-8 accounts in the Sinking Fund prior to making any disbursements made from such Reserve Account Credit Facility Substitute. Other than with respect to the income and investment earning derived from moneys and investments on deposit in any Debt Service Reserve Account which are, by the terms of the Resolution, required to be deposited in the Interest Account, whenever there is on deposit in a Debt Service Reserve Account an amount in excess of the Debt Service Reserve Requirement for the Series of Bonds for which such Debt Service Reserve Account relates, the amount of such excess shall be reduced in the following manner: (a} if there is on deposit in the Debt Service Reserve Account a Reserve Account Credit Facility Substitute, as provided herein, the principal amount thereof shall be reduced by the amount of such excess, and (b) if there is on deposit in such Debt Service Reserve Account, cash (or permitted Investments of such cash), the City shall reduce the amount of cash and/or Permitted Investments of such cash in the Debt Service Reserve Account in an amount equal to such excess. The cash and/or Permitted Investments of such cash so withdrawn under clause (b) above shall be deposited into any other account of the Sinking Fund or used for any other lawful municipal purpose as shall be determined at the option of the Commission. Each Debt Service Reserve Account shall be used only for the purpose of making payments into the Interest Account, the Principal Account and the Bond Redemption Account, as such payments relate to debt service on the Series of Bonds for which such Debt Service Reserve Account was created when the moneys in the Sinking Fund are insufficient therefor; and provided further, however, that moneys on deposit in a Debt Service Reserve Account may, upon final maturity of the Series of Bonds for which such Debt Service Reserve Account was created, be used to pay principal of and interest on such Series of Bonds. 4. Pledged Revenues shall next be used, first, for the repayment of any obligations owed to the provider(s) of a Reserve Account Credit Facility Substitute (pro rata, if necessary), and second, for the payment of any subordinated indebtedness hereafter issued by the City in accordance with the proceedings authorizing such subordinated indebtedness. Thereafter, the balance of any Pledged Revenues remaining in the Sinking Fund, after all payments above required have been made and all deficiencies thereof have been remedied, may be released by the City from the lien of the Resolution and used for any lawful municipal purpose. Investments. Moneys on deposit in the Sinking Fund, may be invested in U.S. obligations or any other Permitted Investments maturing not later than such date or dates as the City shall determine. All income and earnings received from the investment and reinvestment of moneys on deposit in the Sinking Fund shall be retained in the Sinking Fund, and used in the same manner as other moneys on deposit therein. C-9 WPB/381657421 v22/016787.011900 Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to the Resolution may be fully discharged and satisfied with respect to the Bonds in any one or more of the following ways: (a) by paying the principal of and interest on Bonds when the same shall become due and payable; or (b) by depositing in the Interest Account, Principal Account, Debt Service Reserve Account (but only with respect to the Series of Bonds proposed to be paid within the meaning of this subparagraph) and the Bond Redemption Account, or in such other accounts which are irrevocably pledged to the payment of the Bonds, as the City may hereafter create and establish by resolution, certain moneys which together with other moneys lawfully available therefor and deposited therein shall be sufficient at the time of such deposit to pay the Bonds, the interest thereon and the redemption premium, if any, as the same become due on said Bonds on or prior to the redemption date or maturity date thereof; or (c) by depositing in the Interest Account, Principal Account, Debt Service Reserve Account (but only with respect to the Series of Bonds proposed to be paid within the meaning of this subparagraph) and the Bond Redemption Account, or such other accounts which are irrevocably pledged to the payment of the Bonds as the City may hereafter create and establish by resolution, moneys which, together with other moneys lawfully available therefor, and deposited therein when invested in Defeasance Obligations will provide moneys which shall be sufficient to pay the Bonds, the interest thereon and the redemption premium, if any, as the same shall become due on said Bonds on or prior to the redemption date or maturity date thereof. Notwithstanding the foregoing all references to the discharge and satisfaction of Bonds shall include the discharge and satisfaction of any Series of Bonds, any portion of a Series of Bonds, any maturity or maturities of a Series of Bonds, any portion of a maturity of a Series of Bonds or any combination thereof. Notwithstanding the foregoing, in the event that the payment or deposit in the amount and manner provided in the Resolution has been made by the Credit Facility Issuer under the terms of its Credit Facility, the Credit Facility Issuer shall be subrogated to the rights of the Holders of the Bonds and the liability of the City, with respect thereto, shall not be discharged or extinguished. For the purposes of determining the amount of interest on Variable Rate Bonds whether discharged and satisfied under the provisions of subsections (a), (b) and (c) above, the amount required for the interest thereon shall be calculated at the Maximum Interest Rate permitted by the terms and the provisions which authorized the issuance of such Variable Rate Bonds. C-10 WPB/381657421 v22/016787.011900 Upon such payment or deposit in the amount and manner provided in the Resolution, the Bonds shall no longer be deemed to be Outstanding for the purposes of the Resolution and all liability of the City with respect to such Bonds shall cease, terminate and be completely discharged and extinguished, and the Holders thereof shall be entitled for payment solely out of the moneys or securities so deposited. In the case of Bonds by which their terms may be redeemed prior to their stated maturity, the City shall give the Registrar, in form satisfactory to the Registrar. irrevocable instructions: (a) stating the date when the principal of each such Bond is to be paid, whether at maturity or on a redemption date; (b) requiring the Registrar to call for redemption pursuant to the terms of such Bonds any Bonds to be redeemed prior to maturity pursuant to (a) above; and (c) requiring the Registrar to mail, as soon as practicable, a notice to the owners of such Bonds that the deposit required under the Resolution has been made and that such Bonds are deemed to have been paid in accordance with the Resolution and stating the maturity or redemption date upon which money is to be available for the payment of the principal or redemption price, if applicable, on such Bonds as specified in (a) above. Notwithstanding the foregoing, the discharge and satisfaction of the Bonds shall not be conditioned on the giving of such notices. Notwithstanding anything contained in the Resolution to the contrary, the covenants, liens and pledges contained in the Resolution shall not be fully discharged and satisfied until all obligations owed to the provider(s) of the Reserve Account Credit Facility Substitutes have been satisfied. Issuance of Other Obligations Payable out of Utilities Tax Proceeds. The City has covenanted in the Resolution that it will not issue any other obligations, except upon the conditions provided in the Resolution, payable from the Utilities Tax Revenues nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or any other charge having priority or being on a parity with the lien of the Bonds issued pursuant to the Resolution and the interest thereon upon any of the Pledged Revenues. Issues of Pari Passu Additional Bonds. No ~ passu additional Bonds (as herein defined), payable Pari passu with Bonds issued pursuant to the Resolution shall be issued after the issuance of any Bonds pursuant to the Resolution except upon the conditions and in the manner provided in the Resolution. No such a~ri passu additional Bonds shall be issued unless the following conditions are complied with: C-11 WPB/381657421 v22/0 1 6 78 7.01 ? 900 (a) The City must be current in all deposits into the various funds and accounts and all payments required to have been theretofore deposited or made by it under the provisions of the Resolution and any supplemental resolutions hereafter adopted for the issuance of >l ari passu additional Bonds and has complied with the covenants and provisions of the Resolution, and any supplemental resolutions hereafter adopted for the issuance of >l ari passu additional Bonds. (b) The Utilities Tax proceeds collected by the City during any twelve (12) consecutive months of the eighteen (18) months immediately preceding the issuance of said >~ passu additional Bonds, as evidenced by a certificate executed by the Finance Director of the City and as may be adjusted, as hereinafter provided, will be equal to one hundred twenty-five percent (125%) of the Maximum Annual Debt Service Requirement on (1) the Bonds originally issued pursuant to the Resolution then Outstanding, (2) any passu additional Bonds theretofore issued and then Outstanding, and (3) the >l ari passu additional bonds then proposed to be issued; provided that for the purpose of determining the Maximum Annual Debt Service Requirement under the Resolution, the interest rate on Variable Rate Bonds then Outstanding shall be the greater of (i) the average daily interest rate on such Variable Rate Bonds during the preceding Fiscal Year or (ii) the actual rate of interest applicable to such Variable Rate Bonds on the date of issuance of such Variable Rate Bonds; and provided, further, that if ~ passu additional Variable Rate Bonds are to be issued the interest rate thereon shall be calculated in accordance with 30 year Revenue Bond Index as published by The Bond Bum as of the last week of the month preceding the date of issuance of such Variable Rate Bonds, or if that index is no longer published, the interest rate as of the last week of such month as published in an index that is deemed to be substantially equivalent. If the City, prior to the issuance of the proposed >l ari passu additional Bonds shall have, by amendment or supplement to the Utilities Tax Ordinance, increased the Utilities Tax to be collected, the Utilities Tax proceeds for the twelve (12) consecutive months immediately preceding the issuance of the >l ari passu additional Bonds shall be adjusted to include the Utilities Tax proceeds which would have been collected by the City in such twelve (12) consecutive months as if such increase in the Utilities Tax had been in effect during all of such twelve (12) consecutive months. (c) In the event any ~ passu additional Bonds are issued for the purpose of refunding any Bonds then Outstanding, the condition of (b) above shall not apply, provided that the issuance of such ~ passu additional Bonds shall result in a reduction or shall not increase the annual debt service payments over the life of the Bonds so refunded. The term "~ passu additional Bonds," as used in the Resolution, shall be deemed to mean additional obligations evidenced by Bonds or other form of indebtedness permitted under the Act issued under the provisions and within the limitations of the Resolution payable from the proceeds of the Utilities Tax deposited in the Sinking Fund >I ari passu with Bonds originally authorized and issued pursuant to the Resolution. Such Bonds shall be deemed to have been issued pursuant to the Resolution, the same as the Bonds originally authorized and issued pursuant to the Resolution, and all of the covenants and other provisions of the Resolution C-12 WPB/381657421v22/016787.011900 (except as to any Debt Reserve Account established for any Series of Bonds and as to details of such Bonds evidencing such pari passu additional obligations inconsistent therewith) shall be for the equal benefit, protection and security of the Holders of any Bonds originally authorized and issued pursuant to the Resolution and the holders of any Bonds evidencing ~ passu additional obligations subsequently issued within the limitations of and in compliance with the provisions of the Resolution. All of such Bonds, regardless of the time or times of their issuance shall rank equally with respect to their lien on the Pledged Revenues and their sources and security for payment therefrom without preference of any Bonds, over any other. The term "~ passu additional Bonds," as used in the Resolution, shall not be deemed to include bonds, notes, certificates or other obligations subsequently issued, the lien of which on the Pledged Revenues is subject to the prior and superior lien on the Pledged Revenues for the payment of Bonds issued pursuant to the Resolution, and the City shall not issue any obligations whatsoever payable from the Pledged Revenues, which rank equally as to lien on and source and security for their payment from such Pledged Revenues with Bonds issued pursuant to the Resolution except in the manner and under the conditions provided above. Remedies. Any holder of Bonds issued under the provisions of the Resolution, or any trustee acting for such Bondholders in the manner hereinafter provided, may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted and contained in the Resolution, and may enforce and compel the performance of all duties required by the Resolution, or by any applicable statutes to be performed by the City or by any officer thereof, including the fixing, charging and collecting of the proceeds of the Utilities Tax. In the event that default shall be made in the payment of the interest on or the principal of any of the Bonds issued pursuant to the Resolution, as the same shall become due, or in the making of the payments into any reserve or sinking fund or any other payments required to be made by the Resolution, or in the event that the City or any officer, agent or employee thereof shall fail or refuse to comply with the provisions of the Resolution, or shall default in any covenant made therein, and in the further event that any such default shall continue for a period of sixty (60) days, any holder of such Bonds, or any trustee appointed to represent Bondholders as hereinafter provided, shall be entitled as of right to the appointment of a receiver of the proceeds of the Utilities Tax in an appropriate judicial proceeding in a court of competent jurisdiction, whether or not such holder or trustee is also seeking or shall have sought to enforce any other right or exercise any other remedy in connection with Bonds issued pursuant to the Resolution. The receiver so appointed shall forthwith, directly or by his or her agents and attorneys, in the name of the City shall exercise all the rights and powers of the City with respect to the Utilities Tax as the City itself might do. Such receiver shall levy, collect, and receive all of the proceeds of the Utilities Tax in the manner provided in the Utilities Tax Ordinance, where applicable, and the Resolution, and comply under the jurisdiction of the court appointing such receiver. with all of the provisions of the Resolution. C-13 WPB/381657421v22/016787.011900 Whenever all that is due upon Bonds issued pursuant to the Resolution, and interest thereon, and under any covenants of the Resolution, for reserve, sinking fund or other funds, and upon any other obligations and interest thereon having a charge, lien or encumbrance upon the Pledged Revenues shall have been paid and made good, and all defaults under the provisions of the Resolution, shall have been cured and made good, the right to levy, collect and receive the proceeds of the Utilities Tax shall be transferred to the City upon the entry of an order of the court to that effect. Upon any subsequent default, any Holder of Bonds issued pursuant to the Resolution, or any trustee appointed for Bondholders as hereinafter provided, shall have the right to secure the further appointment of a receiver upon any such subsequent default. The holder or holders of Bonds in an aggregate principal amount of not less than fifty- one per centum (51 %) of Bonds issued under the Resolution may by a duly executed certificate in writing appoint a trustee for holders of Bonds issued pursuant to the Resolution, with authority to represent such Bondholders in any legal proceedings for the enforcement and protection of the rights of such Bondholders. Such certificate shall be executed by such Bondholders or their duly authorized attorneys or representatives, and shall be filed in the office of the City Clerk. Any exercise of a remedy set forth in the Resolution shall be subject to the consent of the Credit Facility Issuer, if any, and the Credit Facility Issuer shall have the right, acting alone, to exercise said remedies as long as it has not defaulted in its obligations under its Credit Facility. If there are more than one Credit Facility Issuer providing Credit Facilities for the Bonds, only the consent of the Credit Facility Issuers providing Credit Facilities for more than fifty percent (50%) of the Bonds Outstanding shall he required. Enforcement of Collections. The City has covenanted under the Resolution that it will diligently enforce and collect the Utilities Tax and take all steps, actions and proceedings reasonably necessary for the enforcement and collection of the Utilities Tax which shall become delinquent to the full extent permitted or authorized by the laws of the State of Florida. Modification or Amendment. Except as otherwise provided in the following paragraph hereof, no material modification or amendment of the Resolution, or of any resolution amendatory thereof or supplemental thereto, may be made without the consent in writing of the holders of two-thirds or more in principal amount of the Bonds then Outstanding; provided, however, that no modification or amendment shall permit a change in the maturity of such Bonds or a reduction in the rate of interest thereon, or affecting the unconditional promise of the City to levy and collect Utilities Tax or to pay the interest of and principal on the Bonds, as the same mature or become due, from the proceeds of the Utilities Tax or reduce the percentage of holders of Bonds required above for such modification or amendments, without the consent of the Holders of all the Bonds. The Resolution may be amended, changed, modified and altered without the consent of the Owners of Bonds, (i) to cure any ambiguity, correct or supplement any provision contained C-14 WPB/381657421 v22/016787.011900 in the Resolution which may be defective or inconsistent with any other provisions contained in the Resolution, (ii) to provide other changes which will not adversely affect the interest of such Owners, (iii) to implement a Credit Facility or a Reserve Account Credit Facility Substitute, (iv) to maintain the exclusion of interest on the bonds from gross income for Federal income tax purposes, (v) to implement or discontinue aBook-Entry System, or (vi) to secure or maintain a rating on the Bonds. To the extent any Series of the Bonds are secured by a Credit Facility and such Bonds are then rated in as high a rating category in which such Bonds was rated at the time of initial issuance and delivery thereof, by any Rating Agency or Agencies rating such Series of Bonds, then the consent of the Credit Facility Issuer shall constitute the consent of the Holders of such Series of Bonds to the extent the terms and provisions of the commitment of the Credit Facility Issuer so provide; and further, that such Credit Facility Issuer is not in default under its Credit Facility. C-15 WPB/381657421 v22/016787.011900 APPENDIX D Form of Approving Opinion of Bond Counsel Upon delivery of the Series 2007 Bonds in definitive form, Greenberg Traurig, P.A., Bond Counsel, proposes to render its final approving opinion with respect to such Bonds in substantially the following form: 2007 The City Commission of the City of Delray Beach, Florida Delray Beach, Florida The Honorable Mayor and City Commissioners: We have examined certified copies of the proceedings of the City Commission (the "Commission") of the City of Delray Beach, Florida (the "City"), relative to the issuance and sale of: City of Delray Beach, Florida Utilities Tax Revenue Bonds Series 2007 The above bonds (herein, the "Series 2007 Bonds") are issued under and pursuant to the Resolution hereinafter referred to. In such capacity, we have also reviewed such documents and proceedings and matters of law as we have considered necessary or appropriate for the purpose of this opinion. Unless the context indicates otherwise, all terms not otherwise defined herein shall have the meaning ascribed to such terms in the herein described Resolution. The Series 2007 Bonds are issued under and pursuant to the Constitution, Part II of Chapter 166, Florida Statutes, as amended and supplemented, the City Charter, as amended and supplemented, and other applicable provisions of law (collectively, the "Act"), Resolution No. 98-91, adopted by the Commission on December 3, 1991, as amended and supplemented (the "Original Resolution"), and Resolution No. R-90-02, adopted by the Commission on December 3, 2002, amending and supplementing the Original Resolution (herein, the "Prior Resolution") and further amended and supplemented by Resolution No. R-21-07, adopted by the Commission on August 21, 2007 (the "2007 Resolution" and, collectively with the Prior Resolution are herein referred to as the "Resolution"). Pursuant to 2007 Resolution, the City has appointed Commerce Bank, National Association, as Paying Agent (the "Paying Agent") and Registrar (the "Registrar"). The Series 2007 Bonds are being issued for the principal purposes of financing and refinancing certain municipal projects and for the other purposes described in the Resolution, including paying the costs of issuance of such Series 2007 Bonds. D-1 WPB/381657421 x/12/016787.01 J900 The Series 2007 Bonds are dated the date of delivery, issued as fully registered bonds in book-entry form only, in the denomination of $5,000 each, or any integral multiple thereof, bear interest at the rates per annum set forth below, payable on December 1, 2007, and each June 1 and December 1 thereafter, and mature on June 1, in the years and amounts as follows: Interest Interest Year Amount Rate Year Amount Rate [The Series 2007 Bonds maturing on or prior to June 1, 20_, shall not be subject to redemption prior to their stated dates of maturity. The Bonds maturing on and after June 1, 20 ,may be redeemed prior to their stated dates of maturity, at the option of the City, from any legally available source, in part, in any order of maturity, and by lot within a maturity if less than an entire maturity is to be redeemed, on June 1, 20_, or on any date thereafter, or as a whole, on June 1, 20_, or at any time thereafter, in both cases, at a redemption price equal to the principal amount of the Series 2007 Bonds to be redeemed, together with accrued interest to the date fixed for redemption.] Notice of redemption of the Series 2007 Bonds shall be mailed, postage prepaid, by the Registrar not less than thirty (30) days before the date fixed for redemption to the registered owners of any Series 2007 Bonds or portions of the Series 2007 Bonds which are to be redeemed, at their addresses as they appear fifteen (15) days prior to the date such notice is mailed on the registration books of the City kept by the Registrar. Failure of the registered owners of any Series 2007 Bonds which are to be redeemed to receive any such notice shall not affect the validity of the proceedings for the redemption of the Series 2007 Bonds for which proper notice has been given. Interest shall cease to accrue on any of the Series 2007 Bonds called for prior redemption if payment of the redemption price has been duly made or provided for. The City has entered into certain covenants with the owners of the Series 2007 Bonds for the exact terms of which reference is made to the Resolution. We have examined Series 2007 Bond No. R-1 as executed. We are of the opinion that such proceedings and proofs show lawful authority for the issuance of the Series 2007 Bonds pursuant to the Act and the Resolution and that said Series 2007 Bonds are legal, valid, binding and enforceable limited obligations of the City, payable solely as to both principal and interest from a first lien on and pledge of the proceeds of the Utilities Tax on parity with the City's Outstanding Utilities Tax Revenue Refunding Bonds, Series 2002 and any other sari passu additional bonds issued under the Resolution (collectively with the Series 2007 Bonds, the "Bonds"), other than with respect to any Debt Service Reserve D-2 WPB/381657421v22/016787.011900 Account established with respect to a series of Bonds, all in the manner as provided in the Resolution. We are further of the opinion that the City has duly and validly pledged the proceeds of the Utilities Tax deposited in the Sinking Fund created and established under the Resolution for the payment of the principal of and interest of the Bonds. We are further of the opinion that, under the terms, restrictions and conditions contained in the Resolution, the City may hereafter issue pari Uassu additional obligations which will rank equally as to lien on and source and security for the payment from the proceeds of the Utilities Tax deposited in the Sinking Fund under the Resolution with the lien of the holders of the Bonds; that, except for such pari passu additional obligations, any other obligations hereafter issued by the City payable from the proceeds of the Utilities Tax will be junior, subordinate and inferior in all respects as to lien on and source and security for payment therefrom to the lien of the holders of the Bonds and said ~ passu additional obligations. The Internal Revenue Code of 1986, as amended (the "Code") imposes certain requirements that must be met subsequent to the issuance and delivery of the Series 2007 Bonds for interest thereon to be and remain excluded from gross income for federal income tax purposes. Noncompliance with such requirements could cause the interest on the Series 2007 Bonds to be included in gross income for federal income tax purposes retroactive to the date of issue of the Series 2007 Bonds. The City has covenanted in the Resolution to maintain the exclusion of the interest on the Series 2007 Bonds from gross income for federal income tax purposes pursuant to Section 103(a) of the Code. In our opinion, under existing law, and assuming compliance with the aforementioned covenants contained in the Resolution, interest on the Series 2007 Bonds is excluded from gross income for federal income tax purposes. The Series 2007 Bonds are not "specified private activity bonds" within the meaning of Section 57(a)(5) of the Code and, therefore, the interest on the Series 2007 Bonds will not be treated as a preference item for purposes of computing the federal alternative minimum tax imposed by Section 55 of the Code. However, we note that a portion of the interest on the Bonds owned by corporations may be subject to the federal alternative minimum tax, which is based in part on adjusted current earnings. [We are further of the opinion that the difference between the principal amount of the Series 2007 Bonds maturing on June 1 in the years 20_ through and including 20_ (collectively, the "Discount Bonds"), and the initial offering price to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers), at which price a substantial amount of such Discount Bonds of the same maturity was sold, constitutes original issue discount which is excluded from gross income for federal income tax purposes to the same extent as interest on the Series 2007 Bonds. Further, such original issue discount accrues actuarially on a constant interest rate basis over the term of such Discount Bond, and the basis of such Discount Bond acquired at such initial offering price by an initial purchaser of each Discount Bond will be increased by the amount of such accrued original issue discount.] D-3 WPB/381657421 v22/016787, 011900 We are also of the opinion that the Series 2007 Bonds and the interest thereon are exempt from taxation under existing laws of the State of Florida, except as to estate taxes imposed by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations, banks and savings associations. Except as stated in the preceding four paragraphs, we express no opinion as to any other federal or any state tax consequences of the ownership or disposition of the Series 2007 Bonds. We wish to call to your attention that the Series 2007 Bonds do not constitute an indebtedness of the City within the meaning of any constitutional, statutory, charter or other limitation of indebtedness, but shall be payable solely from the Pledged Revenues, as provided in the Resolution. No Holder or Holders of any Series 2007 Bonds shall ever have the right to compel the exercise of the ad valorem taxing power of the City, or taxation in any form of any real property therein to pay the Series 2007 Bonds or the interest thereon. The opinions expressed herein regarding enforceability may be subject to bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting the enforcement of creditors' rights generally or by such principles of equity as the court having jurisdiction may impose with respect to certain remedies which require or may require enforcement by a court of equity. Respectfully yours, GREENBERG TRAURIG, P.A. D-4 WPB/38165742 i v22/016787.011900 APPENDIX E SPECIMEN FINANCIAL GUARANTY INSURANCE POLICY MBIA Insurance Corporation Armonk, New York 10504 Policy No. [NUMBER] MBIA Insurance Corporation (the "Insurer"), in consideration of the payment of the premium and subject to the terms of this policy, hereby unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full and complete payment required to be made by or on behalf of the Issuer to [INSERT NAME OF PAYING AGENT] or its successor (the "Paying Agent") of an amount equal to (i) the principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Obligations (as that term is defined below) as such payments shall become due but shall not be so paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed hereby shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration, unless the Insurer elects in its sole discretion, to pay in whole or in part any principal due by reason of such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i) and (ii) of the preceding sentence shall be referred to herein collectively as the "Insured Amounts." "Obligations" shall mean: [PAR] [LEGAL NAME OF ISSUE] Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of an Obligation the payment of an Insured Amount for which is then due, that such required payment has not been made, the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with U.S. Bank Trust National Association, in New York, New York, or its successor, sufficient for the payment of any such Insured Amounts which are then due. Upon presentment and surrender of such Obligations or presentment of such other proof of ownership of the Obligations, together with any appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the Obligations as are paid by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for such owners of the Obligations in any legal proceeding related to payment of Insured Amounts on the Obligations, such instruments being in a form satisfactory to U.S. Bank Trust National Association, U.S. Bank Trust National Association shall disburse to such owners, or the Paying Agent payment of the Insured Amounts due on such Obligations, less any amount held by the Paying Agent for the payment of such Insured Amounts E-1 WPB/381657421 v22/016787.011900 and legally available therefor. This policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any Obligation. As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent, the Issuer, or any designee of the Issuer for such purpose. The term owner shall not include the Issuer or any party whose agreement with the Issuer constitutes the underlying security for the Obligations. Any service of process on the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk, New York 10504 and such service of process shall be valid and binding. This policy is non-cancellable for any reason. The premium on this policy is not refundable for any reason including the payment prior to maturity of the Obligations. The insurance provided by this policy is not covered by the Florida Insurance Guaranty Association created under chapter 631, Florida Statutes. IN WITNESS WHEREOF, the Insurer has caused this policy to be executed in facsimile on its behalf by its duly authorized officers, this [DAY] day of [MONTH, YEAR]. COUNTERSIGNED: MBIA Insurance Corporation Resident Licensed Agent City, State By: President Attest: Assistant Secretary E-2 WPB/381657421 v22/016787.011900 APPENDIX F SPECIMEN DEBT SERVICE RESERVE SURETY BOND MBIA Insurance Corporation Armonk, New York 10504 Surety Bond No. XX~S;XXX MBIA Insurance Corporation (the "Insurer"), in consideration of the payment of the premium and subject to the terms of this Surety Bond, hereby unconditionally and irrevocably guarantees the full and complete payments that are to be applied to payment of principal of and interest on the Obligations (as hereinafter defined) and that are required to be made by or on behalf of [NAME OF ISSUER] (the "Issuer") under the [TITLE OF THE DOCUMENT] (the "Document") to [NAME OF PAYING AGENT], (the "Paying Agent"), as such payments are due but shall not be so paid, in connection with the issuance by the Issuer of [TITLE OF THE OBLIGATIONS] (the "Obligations"), [IF PARITY "together with any bonds issued on a parity therewith,"], provided, that the amount available hereunder for payment pursuant to any one Demand for Payment (as hereinafter defined) shall not exceed [a: FIXED COVERAGE [Dollar Amount of Coverage] or the [Debt Service Reserve Fund Requirement] (as defined in the Document) for the Obligations, whichever is less (the "Surety Bond Limit"); provided, further, that the amount available at any particular time to be paid to the Paying Agent under the terms hereof (the "Surety Bond Coverage") shall be reduced and may be reinstated from time to time as set forth herein.] or [b: VARIABLE COVERAGE the annual amount set forth for the applicable bond year on Exhibit A attached hereto (the "Surety Bond Limit"); provided, further, that the amount available at any particular time to be paid to the Paying Agent under the terms hereof (the "Surety Bond Coverage") shall be reduced and may be reinstated from time to time as set forth herein.] 1. As used herein, the term "Owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the applicable paying agent, the Issuer or any designee of the Issuer for such purpose. The term "Owner" shall not include the Issuer or any person or entity whose obligation or obligations by agreement constitute the underlying security or source of payment for the Obligations. 2. Upon the later of: (i) three (3) days after receipt by the Insurer of a demand for payment in the form attached hereto as Attachment 1 (the "Demand for Payment"), duly executed by the Paying Agent; or (ii) the payment date of the Obligations as specified in the Demand for Payment presented by the Paying Agent to the Insurer, the Insurer will make a deposit of funds in an account with U.S. Bank Trust National Association, in New York, New York, or its successor, sufficient for the payment to the Paying Agent, of amounts that are then due to the Paying Agent (as specified in the Demand for Payment) subject to the Surety Bond Coverage. 3. Demand for Payment hereunder may be made by prepaid telecopy, telex, TWX or telegram of the executed Demand for Payment c/o the Insurer. If a Demand for Payment made hereunder does not, in any instance, conform to the terms and conditions of this Surety Bond, the WPB/381657421 v22/016787.011900 F-1 Insurer shall give notice to the Paying Agent, as promptly as reasonably practicable, that such Demand for Payment was not effected in accordance with the terms and conditions of this Surety Bond and briefly state the reason(s) therefor. Upon being notified that such Demand for Payment was not effected in accordance with this Surety Bond, the Paying Agent may attempt to correct any such nonconforming Demand for Payment if, and to the extent that, the Paying Agent is entitled and able to do so. 4. The amount payable by the Insurer under this Surety Bond pursuant to a particular Demand for Payment shall be limited to the Surety Bond Coverage. The Surety Bond Coverage shall be reduced automatically to the extent of each payment made by the Insurer hereunder and will be reinstated to the extent of each reimbursement of the Insurer pursuant to the provisions of Article II of the Financial Guaranty Agreement dated the date hereof between the Insurer and the [ISSUER OR OBLIGOR] (the "Financial Guaranty Agreement"); provided, [ANNUAL PREMIUM OPTION: that no premium is due and unpaid on this Surety Bond and] that in no event shall such reinstatement exceed the Surety Bond Limit. The Insurer will notify the Paying Agent, in writing within five (5) days of such reimbursement, that the Surety Bond Coverage has been reinstated to the extent of such reimbursement pursuant to the Financial Guaranty Agreement and such reinstatement shall be effective as of the date the Insurer gives such notice. The notice to the Paying Agent will be substantially in the form attached hereto as Attachment 2. 5. Any service of process on the Insurer or notice to the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk, New York 10504 and such service of process shall be valid and binding. 6. The term of this Surety Bond shall expire [ANNUAL PREMIUM OPTION: ,unless cancelled pursuant to paragraph 9 hereof,] on the earlier of (i) [MATURITY DATE] (the maturity date of the Obligations being currently issued), or (ii) the date on which the Issuer has made all payments required to be made on the Obligations pursuant to the Document. 7. The premium payable on this Surety Bond is not refundable for any reason, including the payment prior to maturity of the Obligations. 8. [OPTIONAL FIRST SENTENCE: This Surety Bond shall be governed by and interpreted under the laws of the State of (STATE)]. Any suit hereunder in connection with any payment may be brought only by the Paying Agent within [1 or 3 years] after (i) a Demand for Payment, with respect to such payment, is made pursuant to the terms of this Surety Bond and the Insurer has failed to make such payment, or (ii) payment would otherwise have been due hereunder but for the failure on the part of the Paying Agent to deliver to the Insurer a Demand for Payment pursuant to the terms of this Surety Bond, whichever is earlier. [NOS. 9 and 11 are OPTIONAL] 9. Subject to the terms of the Document, the Issuer shall have the right, upon 30 days prior written notice to the Insurer and the Paying Agent, to terminate this Surety Bond. In the event of a failure by the Issuer to pay the premium due on this Surety Bond pursuant to the terms of the Financial Guaranty Agreement, the Insurer shall have the right upon [No. of days] days prior written notice to the Issuer and the Paying Agent to cancel this Surety Bond. No WPB/381657421 v22/016787.011900 F-2 Demand for Payment shall be made subsequent to such notice of cancellation unless payments are due but shall not have been so paid in connection with the Obligations. 10. There shall be no acceleration payment due under this Policy unless such acceleration is at the sole option of the Insurer. 11. This policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of the New York Insurance Law. In witness whereof, the Insurer has caused this Surety Bond to be executed in facsimile on its behalf by its duly authorized officers, this [DATE] day of [MONTH, YEAR] MBIA INSURANCE CORPORATION By: President By: Assistant Secretary WP&/381657421 v22/016787.011900 F-3 EXHIBIT A Surety Bond No. XXXXXX Bond Year Maximum Annual Debt Service 199 to 199 $ 199 to 199 $ 199 to 199 $ WPB/381657421 v22/016787.011900 F-4 Attachment 1 Surety Bond No. XXXXXX DEMAND FOR PAYMENT 20_ MBIA Insurance Corporation 113 King Street Armonk, New York 10504 Attention: President Reference is made to the Surety Bond No. XXXXXX (the "Surety Bond") issued by the MBIA Insurance Corporation (the "Insurer"). The terms which are capitalized herein and not otherwise defined have the meanings specified in the Surety Bond unless the context otherwise requires. The Paying Agent hereby certifies that: (a) In accordance with the provisions of the Document (attached hereto as Exhibit A), payment is due to the Owners of the Obligations on (the "Due Date") in an amount equal to $ (the "Amount Due"). (b) The [Debt Service Reserve Fund Requirement] for the Obligations is (c) The amounts legally available to the Paying Agent on the Due Date will be $ less than the Amount Due (the "Deficiency"). (d) The Paying Agent has not heretofore made demand under the Surety Bond for the Amount Due or any portion thereof. The Paying Agent hereby requests that payment of the Deficiency (subject to the Surety Bond Coverage) be made by the Insurer under the Surety Bond and directs that payment under the Surety Bond be made to the following account by bank wire transfer of federal or other immediately available funds in accordance with the terms of the Surety Bond: [Paying Agent's Account] [PAYING AGENT] By: Its: WPB/381657421 v22/016787.011900 Attachment 2 Surety Bond No. XXXX~~X NOTICE OF REINSTATEMENT [Paying Agent] [Address] 20_ Reference is made to the Surety Bond No. XXXXXX (the "Surety Bond") issued by the MBIA Insurance Corporation (the "Insurer"). The terms which are capitalized herein and not otherwise defined have the meanings specified in the Surety Bond unless the context otherwise requires. The Insurer hereby delivers notice that pursuant to Article II of the Financial Guaranty Bond Coverage is $ it is in receipt of payment from the Obligor Agreement and as of the date hereof the Surety MBIA Insurance Corporation By: President Attest: Assistant Secretary WPB/381657421 v22/016787.011900 Exhibit D Suite 1170 107848-2208 300 Soulh Orange Avenue 407-848-1323 tax Orlando, FL www.pfm.oom 32801-3470 PFM Public Financial Management Flnancal and rwaansnt IwvMors August 4, 2007 The City Commission of The City of Delray Beach, Florida 100 N.W. 1" Avenue Delray Beach, Florida 33444 Dear Ladies and Gentleman: In our capacity as financial advisor to the City of Delray Beach, Florida {the "City's on the City's Utilities Tax Revenue Bonds, Series 2007 (the "Series 2007 Bonds"), Public Financial Management, Inc., recommends that the principal and interest on the Series 2007 Bonds be insured by a municipal bond insurance policy (the "Insurance Policy's to be issued by MBIA Insurance Corporation (the `Bond Insurer"} pursuant to the terms and provisions of the commitment. In addition, we recommend that the City purchase a debt service reserve surety bond {the "Surety Policy") from the Bond Insurer in lieu of depositing bond proceeds into the Debt Service Reserve Fund for the Series 2007 Bonds. In addition due to the current volatility in the capital markets and the importance of having the maximum amount of flexibility as it relates to the timing of pricing the Series 2007 Bonds, PFM recommends a negotiated sale process. It is the opinion of PFM that by implementing these recommendations, the City will achieve the lowest all in true interest cost on the Series 2007 Bonds. Sincerely, ~~ James W. Glover Public Financial Management, Inc. Senior Managing Consultant Exhibit E mbia WISDOM IN ACTIONsm COMMITMENT TO ISSUE A FINANCIAL GUARANTY INSURANCE POLICY Application No.: 2007-001967-001 Sale Date: August 2007 (t) Program Type: Competitive DP Re: $25,460,000 (est) City of Delray Beach, Florida, Utilities Tax Revenue Bonds, Series 2007 (the "Obligations") This commitment to issue a financial guaranty insurance policy (the "Commitment") dated March 23, 2007, constitutes an agreement between CITY OF DELRAY BEACH (the "Applicant") and MBIA Insurance Corporation (the "Insurer"), a stock insurance company incorporated under the laws of the State of New York. Based on an approved application dated March 22, 2007, the Insurer agrees, upon satisfaction of the conditions herein, to issue on the earlier of (i) 120 days of said approval date or (ii) on the date of delivery of and payment for the Obligations, a financial guaranty insurance policy (the "Policy") for the Obligations, insuring the payment of principal of and interest on the Obligations when due. The issuance of the Policy shall be subject to the following terms and conditions: 1. Payment by the Applicant, or by the Trustee on behalf of the Applicant, on the date of delivery of and payment for the Obligations, of a nonrefundable premium in the amount of .25% of total debt service, premium rounded to the nearest thousand. The premium set out in this paragraph shall be the total premium required to be paid on the Policy issued pursuant to this Commitment. , 2. The Obligations shall have received the unqualified opinion of bond counsel with respect to the tax-exempt status of interest on the Obligations. 3. There shall have been no material adverse change in the Obligations or the Resolution, Bond Ordinance, Trust Indenture or other official document authorizing the issuance of the Obligations or in the final official statement or other similar document, including the financial statements included therein. 4. There shall have been no material adverse change in any information submitted to the Insurer as a part of the application or subsequently submitted to be a part of the application to the Insurer. 5. No event shall have occurred which would allow any underwriter or any other purchaser of the Obligations not to be required to purchase the Obligations at closing. 6. A Statement of Insurance satisfactory to the Insurer shall be printed on the Obligations. MBIA Insurance Corporation 113 King Street Armonk, NY 10504 +1 914 273 4545 www.mbia.com mbia WISDOM IN ACTIONsm 7. Prior to the delivery of and payment for the Obligations, none of the information or documents submitted as a part of the application to the Insurer shall be determined to contain any untrue or misleading statement of a material fact or fail to state a material fact required to be stated therein or necessary in order to make the statements contained therein not misleading. 8. No material adverse change affecting any security for the Obligations shall have occurred prior to the delivery of and payment for the Obligations. 9. The Insurer's "Payments Under the Policy/Other Required Provisions" (see attached) shall be included in the authorizing document. 10. The Applicant agrees not to use the Insurer's name in any public document including, without limitation, a press release or presentation, announcement or forum without the Insurer's prior consent; provided however, such prohibition on the use of the Insurer's name shall not relate to the use of the Insurer's standard approved form of disclosure in public documents issued in connection with the current Obligations to be issued in accordance with the terms of the Commitment; and provided further such prohibition shall not apply to the use of the Insurer's name in order to comply with public notice, public meeting or public reporting requirements. 11. This Commitment may be signed in counterpart by the parties hereto. 12. Compliance with the Insurer's General Document Provisions (see attached). Dated this 27th day of July, 2007. MBIA Insurance Corporation ^,~~; -~ ~ ~~slstant cr CITY OF DELRAY BEACH By: Title: mbia WISDOM IN ACTIONsm GENERAL DOCUMENT PROVISIONS A. Notice to the Insurer The basic legal documents must provide that any notices required to be given by any party should also be given to the Insurer, Attn: Insured Portfolio Management. B. Amendments. In the basic legal document, there are usually two methods of amendment. The first, which typically does not require the consent of the bondholders, is for amendments which will cure ambiguities, correct formal defects or add to the security of the financing. The second, in which bondholder consent is a prerequisite, covers the more substantive types of amendments. For all financings, the Insurer must be given notice of any amendments that are of the first type and the Insurer's consent must be required for all amendments of the second type. All documents must contain a provision which requires copies of any amendments to such documents which are consented to by the Insurer to be sent to Standard & Poor's. C. Supplemental Legal Document. If the basic legal document provides for a supplemental legal document to be issued for reasons other than (1) a refunding to obtain savings; or (2) the issuance of additional bonds pursuant to an additional bonds test, there must be a requirement that the Insurer's consent also be obtained prior to the issuance of any additional bonds and/or execution of such supplemental legal document. D. Events of Default and Remedies. All documents normally contain provisions which define the events of default and which prescribe the remedies that may be exercised upon the occurrence of an event of default. At a minimum, events of default will be defined as follows: 1. the issuer/obligor fails to pay principal when due; 2. the issuer/obligor fails to pay interest when due; 3. the issuer/obligor fails to observe any other covenant or condition of the document and such failure continues for 30 days and 4. the issuer/obligor declares bankruptcy. The Insurer, acting alone, shall have the right to direct all remedies in the event of a default. The Insurer shall be recognized as the registered owner of each bond which it insures for the purposes of exercising all rights and privileges available to bondholders. For bonds which it insures, the Insurer shall have the right to institute any suit, action, or proceeding at law or in equity under the same terms as a bondholder in accordance with applicable provisions of the governing documents. Other than the usual redemption provisions, any acceleration of principal payments must be subject to the Insurer's prior written consent. E. Defeasance requires the deposit of: 1. Cash U.S. Treasury Certificates, Notes and Bonds (including State and Local Government Series -- " SLGs") Direct obligations of the Treasury which have been stripped by the Treasury itself, CATS, TIGRS and similar securities MBIA Insurance Corporation 113 King Street Armonk, NY 10504 +1 914 273 4545 www.mbia.com mbia WISDOM IN ACTIONsm 4. Resolution Funding Corp. (REFCORP) Only the interest component of REFCORP strips which have been stripped by request to the Federal Reserve Bank of New York in book entry form are acceptable. 5. Pre-refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S&P. If however, the issue is only rated by S&P (i.e., there is no Moody's rating), then the pre-refunded bonds must have been pre-refunded with cash, direct U.S. or U.S. guaranteed obligations, or AAA rated pre-refunded municipals to satisfy this condition. 6. Obligations issued by the following agencies which are backed by the full faith and credit of the U.S. a. U.S. Export-Import Bank (Eximbank) Direct obligations or fully guaranteed certificates of beneficial ownership b. Farmers Home Administration (FmHA) Certificates of beneficial ownership c. Federal Financing Bank d. General Services Administration Participation certificates e. U.S. Maritime Administration Guaranteed Title XI financing f. U S Department of Housing and Urban Development (HUD) Project Notes Local Authority Bonds New Communities Debentures - U.S. government guaranteed debentures U.S. Public Housing Notes and Bonds - U.S. government guaranteed public housing notes and bonds The Insurer shall be provided with an opinion of counsel acceptable to the Insurer that the Obligations have been legally defeased and that the escrow agreement establishing such defeasance operates to legally defease the Obligations within the meaning of the Indenture and the Supplemental Indenture relating to the Obligations. In addition, the Insurer will be entitled to receive (i) 15 business days notice of any advance refunding of the Obligations and (ii) an accountant's report with respect to the sufficiency of the amounts deposited in escrow to defease the Obligations. F. Agents: I . In transactions where there is an agent/enhancer (other than the Insurer), the trustee, tender agent (if any), and paying agent (if any) must be commercial banks with trust powers. 2. The remarketing agent must have trust powers if they are responsible for holding moneys or receiving bonds. As an alternative, the documents may provide that if the remarketing agent is removed, resigns or is unable to perform its duties, the trustee must assume the responsibilities of remarketing agent until a substitute acceptable to the Insurer is appointed. mbia WISDOM IN ACTION"' COMMITMENT TO ISSUE A DEBT SERVICE RESERVE SURETY BOND Application No.: 2007-001967-002 Sale Date: August 2007 (t) Program Type: Negotiated DP RE: $3,700,000 (est) Debt Service Reserve Fund for the $24,460,000 (est) City of Delray Beach, Florida, Utilities Tax Revenue Bonds, Series 2007 (the "Obligations") This commitment to issue a debt service reserve surety bond (the "Commitment") constitutes an agreement between CITY OF DELRAY BEACH (the "Applicant"), and MBIA Insurance Corporation (the "Insurer"), a stock insurance company incorporated under the laws of the State of New York. Based on an approved application dated March 22, 2007, the Insurer agrees, upon satisfaction of the conditions herein, to issue on the earlier of (i) 120 days of said approval date or (ii) on the date of delivery of and payment for the Obligations, a debt service reserve surety bond (the "Surety Bond"), for the Obligations, guaranteeing the payment to the issuer of up to $3,700,000 (est) on the Obligations. The issuance of the Surety Bond shall be subject to the following terms and conditions: 1. Payment by the Applicant, or by the Trustee on behalf of the Applicant, on the date of delivery of and payment for the Obligations, of a nonrefundable premium in the amount of 1.75% of total surety bond amount, premium rounded to the nearest thousand. The premium set out in this paragraph shall be the total premium required to be paid on the Policy issued pursuant to this Commitment. 2. The Obligations shall have received the unqualified opinion of bond counsel with respect to the tax-exempt status of interest on the Obligations. 3. There shall have been no material adverse change in the Obligations or the Resolution, Bond Ordinance, Trust Indenture or other official document authorizing the issuance of the Obligations or in the final official statement or other similar document, including the financial statements included therein. 4. There shall have been no material adverse change in any information submitted to the Insurer as a part of the Application or subsequently submitted to be a part of the Application to the Insurer. 5. No event shall have occurred which would allow any underwriter or any other purchaser of the Obligations not to be required to purchase the Obligations at closing. MBIA Insurance Corporation 113 King Street Armonk, NY 10504 +1 914 273 4545 www.mbia.com mbia WISDOM IN ACTIONsm 6. Prior to the delivery of and payment for the Obligations, none of the information or documents submitted as a part of the Application to the Insurer shall be determined to contain any untrue or misleading statement of a material fact or fail to state a material fact required to be stated therein or necessary in order to make the statements contained therein not misleading. 7. No material adverse change affecting any security for the Obligations shall have occurred prior to the delivery of and payment for the Obligations. 8. This Commitment may be signed in counterpart by the parties hereto. 9. Compliance with the Insurer's Term Sheet for Debt Service Reserve Fund Program (see Attachment A). Dated this 23rd day of March, 2007. MB surance oration `~-~°' `" ''sslstant S retar -~ CITY OF DELRAY BEACH By: Title: Lmbia WISDOM IN ACTIONS"' (Attachment A) TERM SHEET FOR DEBT SERVICE RESERVE FUND PROGRAM Introduction The Insurer can, under certain circumstances, issue a debt service reserve fund surety bond (the "Surety Bond"), to be used as a replacement for a cash funded reserve, in any amount up to the full amount of the debt service reserve fund requirement. The Insurer requires that the issuer and/or the underlying obligor of the bonds enter into a Financial Guaranty Agreement with the Insurer providing for, among other things, the reimbursement to the Insurer of amounts drawn under the Surety Bond. A sample draft of such an agreement is attached. The Insurer will undertake its standard credit analysis of the issuer and/or obligor which may result in requests for modifications of the structure or certain provisions of the bond documents. These changes would be in addition to the specific changes required in all financings where a Surety Bond will be issued (see RecLuired Terms below). The Surety Bond may be structured to provide debt service reserve fund replacement for the current issue of bonds and any other debt issued on a parity therewith. However, in all cases, the Surety Bond will expire on the final maturity date of the current issue. The program criteria are subject to change by the Insurer. General Terms Provision should be made in the bond documents for the creation of a debt service reserve fund and there should be a requirement to maintain that fund at a certain level. It should also be provided that this requirement may be satisfied by cash or a qualified surety bond or a combination of these two (Note: A "qualified surety bond" means a surety bond issued by an insurance company rated in the highest rating categ_ory by Standard & Poor's and Moody's and, if rated by A M Best & Company must also be rated in the highest rating cate~ory by A.M. Best & Company). In those instances where the issuance of parity debt will cause the debt service reserve fund requirement to increase, the Insurer requires that at the time of issuance of such parity debt, either cash or a qualified surety bond be provided so that the increased requirement will be satisfied. In any event where the debt service reserve fund contains both an the Insurer Surety Bond and cash, the Insurer requires that the cash be drawn down completely before any demand is made on the Surety Bond. In any event where the debt service reserve fund contains a surety bond from another entity and an INSURER Surety Bond, the documents should provide for a pro-rata draw on each of the surety bonds. MBIA Insurance Corporation 113 King Street Armonk, NY 10504 +1 914 273 4545 www.mbia.com mbia WISDOM IN ACTIONsm With regard to replenishment, any available monies, as defined in the Indenture or Resolution, should be used first to reimburse the Insurer, thereby reinstating the Surety Bond, and second to replenish the cash in the debt service reserve fund. The rate covenant should be expanded so that, in addition to all other coverage requirements, there are sufficient monies available to pay all amounts owed to the Insurer under the terms of the Financial Guaranty Agreement. If the documents provide for the issuance of additional bonds that do not share a common reserve fund with the current issue, the Insurer can issue a surety bond that is, by its terms, available only as a reserve for the current issue. In such cases, the Insurer would require a covenant that any revenues available for debt service must be distributed between the current issue and any additional bonds on a pro rata basis without regard to the existence of a funded debt service reserve or a surety bond. The bond documents should require the Trustee to deliver a Demand For Payment {see attached form) at least three days prior to the date on which funds are required. Required Terms With respect to any security interest in collateral granted to the bondholders, the Insurer should be granted that same interest subject only to that of the bondholders. This would apply to existing security, if any, as well as any to be granted in the future. The Insurer should receive an opinion from counsel to the issuer/obligor that the Financial Guaranty Agreement is a legal, valid and binding obligation of the issuer/obligor and is enforceable against the issuer/obligor in accordance with its terms. In general terms, the "flow of funds" would be structured as follows: All gross revenues should be paid in the following order with the priority indicated: (1) expenses of operation and maintenance; (2) debt service on the bonds; (3) reimbursement of amounts advanced by the Insurer under the Surety Bond; (4) reimbursement of cash amounts, if any, drawn from the reserve fund; (5) replenishment of Renewal and Replacement Fund; (6) payment to the Insurer of interest on amounts advanced under the Surety Bond; (7) all other lawful uses, including the debt service payment on any subordinate bonds. Provision must be made for the Insurer to be paid all amounts owed to it under the terms of the Financial Guaranty Agreement or any other documents before the bond documents may be terminated. mbia WISDOM IN ACTIONsm It will be the responsibility of the trustee/paying agent to maintain adequate records, verified with the Insurer, as to the amount available to be drawn at any given time under the Surety Bond and as to the amounts paid and owing to the Insurer under the terms of the Financial Guaranty Agreement. There may be no optional redemption of bonds or distribution of funds to the issuer and/or the underlying obligor unless all amounts owed to the Insurer under the terms of the Financial Guaranty Agreement or any other documents have been paid in full. 8/ 12/93 Exhibit F FINANCIAL GUARANTY AGREEMENT (ISSUER) FINANCIAL GUARANTY AGREEMENT made as of [CLOSING DATE], 2007, by and between the City of Delray Beach, Florida, a municipal corporation of the State of Florida (the "Issuer") and MBIA Insurance Corporation (the "Insurer"), organized under the laws of the state of New York. WITNESSETH: WHEREAS, the Issuer has or will issue its Utilities Tax Revenue Bonds, Series 2007 (herein, the "Obligations"); and WHEREAS, pursuant to the terms of Resolution No. R- 98-9 adopted by the Issuer on December 3, 1991, as amended and supplemented by Resolution No. R-90-02 adopted by the Issuer on December 2, 2002, as further amended and supplemented by Resolution No. R-21-07 adopted by the Issuer on August 21, 2007 (collectively, the "Document") the Issuer agrees to make certain payments on the Obligations; and WHEREAS, the Insurer will issue its Surety Bond, substantially in the form set forth in Annex A to this Agreement, guaranteeing certain payments by the Issuer subject to the terms and limitations of the Surety Bond; and WHEREAS, to induce the Insurer to issue the Surety Bond, the Issuer has agreed to pay the premium for the Surety Bond and to reimburse the Insurer for all payments made by the Insurer under the Surety Bond, all as more fully set forth in this Agreement; and WHEREAS, the Issuer understands that the Insurer expressly requires the delivery of this Agreement as part of the consideration for the execution by the Insurer of the Surety Bond; and NOW, THEREFORE, in consideration of the premises and of the agreements herein contained and of the execution of the Surety Bond, the Issuer and the Insurer agree as follows: ARTICLE I DEFINITIONS; SURETY BOND Section 1.01. Definitions. The terms which are capitalized herein shall have the meanings specified in Annex B hereto. Section 1.02. Suret~ond. (a) The Insurer will issue the Surety Bond in accordance with and subject to the terms and conditions of the Commitment. (b} The maximum liability of the Insurer under the Surety Bond and the coverage and term thereof shall be subject to and limited by the terms and conditions of the Surety Bond. Section 1.03. Premium. In consideration of the Insurer agreeing to issue the Surety Bond hereunder, the Issuer hereby agrees to pay or cause to be paid the Premium set forth in Annex B hereto. The Premium on the Surety Bond is not refundable for any reason. Section 1.04. Certain Other Expenses. The Issuer will pay all reasonable fees and disbursements of the Insurer's special counsel related to any modification of this Agreement or the Surety Bond. ARTICLE II REIMBURSEMENT AND INDEMNIFICATION OBLIGATIONS OF ISSUER AND SECURITY THEREFOR Section 2.01. Reimbursement for Payments Under the Surety Bond and Expenses; Indemnification. (a) The Issuer will reimburse the Insurer, within the Reimbursement Period, without demand or notice by the Insurer to the Issuer or any other person, to the extent of each Surety Bond Payment with interest on each Surety Bond Payment from and including the date made to the date of the reimbursement at the lesser of the Reimbursement Rate or the maximum rate of interest permitted by then applicable law. (b) The Issuer also agrees to reimburse the Insurer immediately and unconditionally upon demand, to the extent permitted by state law, for all reasonable expenses incurred by the Insurer in connection with the enforcement by the Insurer of the Issuer's obligations under this Agreement, the Document, and any other document executed in connection with the issuance of the Obligations, together with interest on all such expenses from and including the date incurred to the date of payment at the rate set forth in subsection (a) of this Section 2.01. (c) The Issuer agrees to indemnify the Insurer, to the extent permitted by state law, against any and all liability, claims, loss, costs, damages, fees of attorneys and other expenses which the Insurer may sustain or incur by reason of or in consequence of (i) the failure of the Issuer to perform or comply with the covenants or conditions of this Agreement or (ii) reliance by the Insurer upon representations made by the Issuer or (iii) a default by the Issuer under the terms of the Document or any other documents executed in connection with the issuance of the Obligations. (d) The Issuer agrees that all amounts owing to the Insurer pursuant to Section 1.03 hereof and this Section 2.01 must be paid in full prior to any optional redemption or refunding of the Obligations. (e) All payments made to the Insurer under this Agreement shall be paid in lawful currency of the United States in immediately available funds at the Insurer's office at 113 King Street, Armonk, New York 10504, Attention: Accounting and Insured Portfolio Management Departments, or at such other place as shall be designated by the Insurer. Section 2.02. Allocation of Pmts. The Insurer and the Issuer hereby agree that each payment received by the Insurer from or on behalf of the Issuer as a reimbursement to the Insurer as required by Section 2.01 hereof shall be applied by the Insurer first, toward payment of any 2 unpaid premium; second, toward repayment of the aggregate Surety Bond Payments made by the Insurer and not yet repaid, payment of which will reinstate all or a portion of the Surety Bond Coverage to the extent of such repayment (but not to exceed the Surety Bond Limit); and third, upon full reinstatement of the Surety Bond Coverage to the Surety Bond Limit, toward other amounts, including, without limitation, any interest payable with respect to any Surety Bond Payments then due to the Insurer. Section 2.03. Security for Payments; Instruments of Further Assurance. To the extent, but only to the extent, that the Document pledges to the Owners, or grants a security interest or lien in or on the Pledged Revenues (as defined in the Document) in order to secure the Obligations or provide a source of payment for the Obligations, the Issuer hereby grants to the Insurer a security interest in or lien on, as the case may be, and pledges to the Insurer all such Pledged Revenues as security for payment of all amounts due hereunder and under the Document or any other document executed in connection with the issuance of the Obligations, which security interest, lien and/or pledge created or granted under this Section 2.03 shall be subordinate only to the interests of the Owners in such Pledged Revenues, except as otherwise provided. The Issuer agrees that it will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all financing statements, if applicable, and all other further instruments as may be required by law or as shall reasonably be requested by the Insurer for the perfection of the security interest, if any, granted under this Section 2.03 and for the preservation and protection of all rights of the Insurer under this Section 2.03. Section 2.04. Unconditional Obligation. The obligations hereunder are absolute and unconditional and will be paid or performed strictly in accordance with this Agreement, subject to the limitations of the Document, irrespective of: (a) any lack of validity or enforceability of, or any amendment or other modification of, or waiver with respect to the Obligations, the Document or any other document executed in connection with the issuance of the Obligations; or (b) any exchange, release or nonperfection of any security interest in property securing the Obligations or this Agreement or any obligations hereunder; or (c) any circumstances that might otherwise constitute a defense available to, or discharge of, the Issuer with respect to the Obligations, the Document or any other document executed in connection with the issuance of the Obligations; or (d) whether or not such obligations are contingent or matured, disputed or undisputed, liquidated or unliquidated. Section 2.05. Insurer's Rights. The Issuer shall repay the Insurer to the extent of payments made and expenses incurred by the Insurer in connection with the Obligations and this Agreement. The obligation of the Issuer to repay such amounts shall be subordinate only to the rights of the Owners to receive regularly scheduled principal and interest on the Obligations. Section 2.06. On-Going Information Obligations of Issuer. (a) Annual Reports. The Issuer will provide to the Insurer annual financial statements audited by an independent certified public accountant by March 31 of each year for the prior fiscal year ended September 30; and (b) Compliance Certificate. On an annual basis the Issuer will provide to the Insurer a certificate confirming compliance with all covenants and obligations hereunder and under the Revenue Agreement, the Document or any other document executed in connection with the issuance of the Obligations. ARTICLE III AMENDMENTS TO DOCUMENT So long as this Agreement is in effect, the Issuer agrees that it will not agree to amend the Document or any other document executed in connection with the issuance of the Obligations, without the prior written consent of the Insurer. ARTICLE IV EVENTS OF DEFAULT; REMEDIES Section 4.01. Events of Default. The following events shall constitute Events of Default hereunder: (a) The Issuer shall fail to pay to the Insurer when due any amount payable under Sections 1.03; or (b) The Issuer shall fail to pay to the Insurer any amount payable under Sections 1.04 and 2.01 hereof and such failure shall have continued for a period in excess of the Reimbursement Period; or (c) Any material representation or warranty made by the Issuer under the Document or hereunder or any statement in the application for the Surety Bond or any report, certificate, financial statement, document or other instrument provided in connection with the Commitment, the Surety Bond, the Obligations, or herewith shall have been materially false at the time when made; or (d) Except as otherwise provided in this Section 4.01, the Issuer shall fail to perform any of its other obligations under the Document, or any other document executed in connection with the issuance of the Obligations, or hereunder, provided that such failure continues for more than 30 days after receipt by the Issuer of written notice of such failure to perform; or (e) The Issuer shall (i) voluntarily commence any proceeding or file any petition seeking relief under the United States Bankruptcy Code or any other Federal, state or foreign bankruptcy, insolvency or similar law, (ii) consent to the institution of, or fail to controvert in a timely and appropriate manner, any such proceeding or the filing of any such petition, (iii) apply for or consent to the appointment of a receiver, trustee, custodian, sequestrator or similar official for such party or for a substantial part of its property, (iv) file an 4 answer admitting the material allegations of a petition filed against it in any such proceeding, (v) make a general assignment for the benefit of creditors, (vi) become unable, admit in writing its inability or fail generally to pay its debts as they become due or (vii) take action for the purpose of effecting any of the foregoing; or (f) An involuntary proceeding shall be commenced or an involuntary petition shall be filed in a court of competent jurisdiction seeking (i) relief in respect of the Issuer, or of a substantial part of its property, under the United States Bankruptcy Code or any other Federal, state or foreign bankruptcy, insolvency or similar law or (ii) the appointment of a receiver, trustee, custodian, sequestrator or similar official for the Issuer or for a substantial part of its property; and such proceeding or petition shall continue undismissed for 60 days or an order or decree approving or ordering any of the foregoing shall continue unstayed and in effect for 30 days. Section 4.02. Remedies. If an Event of Default shall occur and be continuing, then the Insurer may take whatever action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due under this Agreement or to enforce performance of any obligation of the Issuer to the Insurer under the Document or any related instrument, and any obligation, agreement or covenant of the Issuer under this Agreement; provided, however, that the Insurer may not take any action to direct or require acceleration or other early redemption of the Obligations or adversely affect the rights of the Owners. In addition, if an Event of Default shall occur due to the failure to pay to the Insurer the amounts due under Section 1.03 hereof, the Insurer shall have the right to cancel the Surety Bond in accordance with its terms. All rights and remedies of the Insurer under this Section 4.02 are cumulative and the exercise of any one remedy does not preclude the exercise of one or more of the other available remedies. ARTICLE V SETTLEMENT The Insurer shall have the exclusive right to decide and determine whether any claim, liability, suit or judgment made or brought against the Insurer, the Issuer or any other party on the Surety Bond shall or shall not be paid, compromised, resisted, defended, tried or appealed, and the Insurer's decision thereon, if made in good faith, shall be final and binding upon the Insurer, the Issuer and any other party on the Surety Bond. An itemized statement of payments made by the Insurer, certified by an officer of the Insurer, or the voucher or vouchers for such payments, shall be prima facie evidence of the liability of the Issuer, and if the Issuer fails to immediately reimburse the Insurer upon the receipt of such statement of payments, interest shall be computed on such amount from the date of any payment made by the Insurer at the rate set forth in subsection (a) of Section 2.01 hereof. ARTICLE VI MISCELLANEOUS Section 6.01. Interest Computations. All computations of interest due hereunder shall be made on the basis of the actual number of days elapsed over a year of 360 days. Section 6.02. Exercise of Rights. No failure or delay on the part of the Insurer to exercise any right, power or privilege under this Agreement and no course of dealing between 5 the Insurer and the Issuer or any other party shall operate as a waiver of any such right, power or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Insurer would otherwise have pursuant to law or equity. No notice to or demand on any party in any case shall entitle such parry to any other or further notice or demand in similar or other circumstances, or constitute a waiver of the right of the other party to any other or further action in any circumstances without notice or demand. Section 6.03. Amendment and Waiver. Any provision of this Agreement may be amended, waived, supplemented, discharged or terminated only with the prior written consent of the Issuer and the Insurer. The Issuer hereby agrees that upon the written request of the Paying Agent, the Insurer may make or consent to issue any substitute for the Surety Bond to cure any ambiguity or formal defect or omission in the Surety Bond which does not materially change the terms of the Surety Bond nor adversely affect the rights of the Owners, and this Agreement shall apply to such substituted surety bond. The Insurer agrees to deliver to the Issuer and to the company or companies, if any, rating the Obligations, a copy of such substituted surety bond. Section 6.04. Successors and Assigns; Descriptive Headings. (a) This Agreement shall bind, and the benefits thereof shall inure to, the Issuer and the Insurer and their respective successors and assigns; provided, that the Issuer may not transfer or assign any or all of its rights and obligations hereunder without the prior written consent of the Insurer. (b) The descriptive headings of the various provisions of this Agreement are inserted for convenience of reference only and shall not be deemed to affect the meaning or construction of any of the provisions hereof. Section 6.05. Other Sureties. If the Insurer shall procure any other surety to reinsure the Surety Bond, this Agreement shall inure to the benefit of such other surety, its successors and assigns, so as to give to it a direct right of action against the Issuer to enforce this Agreement, and "the Insurer," wherever used herein, shall be deemed to include such reinsuring surety, as its respective interests may appear. Section 6.06. Signature on Bond. The Issuer's liability shall not be affected by its failure to sign the Surety Bond nor by any claim that other indemnity or security was to have been obtained nor by the release of any indemnity, nor the return or exchange of any collateral that may have been obtained. Section 6.07. Waiver. The Issuer waives any defense that this Agreement was executed subsequent to the date of the Surety Bond, admitting and covenanting that such Surety Bond was executed pursuant to the Issuer's request and in reliance on the Issuer's promise to execute this Agreement. Section 6.08. Notices, Requests, Demands. Except as otherwise expressly provided herein, all written notices, requests, demands or other communications to or upon the respective parties hereto shall be deemed to have been given or made when actually received, or in the case of telex or telecopier notice sent over a telex or a telecopier machine owned or operated by a 6 party hereto, when sent, addressed as specified below or at such other address as any of the parties may hereafter specify in writing to the others: If to the Issuer: City of Delray Beach, Florida 100 N.W. 1st Street Delray Beach, Florida 33444 Attention: City Attorney If to the Paying Agent: Commerce Bank, N.A. 7545 Centurion Parkway, Suite 402 Jacksonville, Florida 32256 Attention: Corporate Trust Officer If to the Insurer: MBIA Insurance Corporation 113 King Street Armonk, New York 10504 Attention: Insured Portfolio Management Group Section 6.09. Survival of Representations and Warranties. All representations, warranties and obligations contained herein shall survive the execution and delivery of this Agreement and the Surety Bond. Section 6.10. Governing. This Agreement and the rights and obligations of the parties under this Agreement shall be governed by and construed and interpreted in accordance with the laws of the State. Section 6.11. Counterparts. This Agreement may be executed in any number of copies and by the different parties hereto on the same or separate counterparts, each of which shall be deemed to be an original instrument. Complete counterparts of this Agreement shall be lodged with the Issuer and the Insurer. Section 6.12. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 6.13. Survival of Obligations. Notwithstanding anything to the contrary contained in this Agreement, the obligation of the Issuer to pay all amounts due hereunder and the rights of the Insurer to pursue all remedies shall survive the expiration, termination or substitution of the Surety Bond and this Agreement. IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this Agreement to be duly executed and delivered as of the date first above written. CITY OF DELRAY BEACH, FLORIDA By: Name: Title: 7 MBIA Insurance Corporation By: Name: Title: President Attest: Assistant Secretary ANNEX A DEBT SERVICE RESERVE SURETY BOND MBIA Insurance Corporation Armonk, New York 10504 Surety Bond No. ~~~XXX MBIA Insurance Corporation (the "Insurer"}, in consideration of the payment of the premium and subject to the terms of this Surety Bond, hereby unconditionally and irrevocably guarantees the full and complete payments that are to be applied to payment of principal of and interest on the Obligations (as hereinafter defined) and that are required to be made by or on behalf of City of Delray Beach, Florida (the "Issuer") under Resolution No. R-98-9, Resolution No. R-90-02 and Resolution No. R-21-07, adopted by the Issuer on December 3, 1991, December 2, 2002 and August 21, 2007, respectively (the "Document") to Commerce Bank, N.A. (the "Paying Agent"), as such payments are due but shall not be so paid, in connection with the issuance by the Issuer of City of Delray Beach, Florida Utilities Tax Revenue Bonds, Series 2007 (the "Obligations"), provided, that the amount available hereunder for payment pursuant to any one Demand for Payment (as hereinafter defined) shall not exceed [Dollar Amount of Coverage] or the [Debt Service Reserve Fund Requirement] (as defined in the Document) for the Obligations, whichever is less (the "Surety Bond Limit"); provided, further, that the amount available at any particular time to be paid to the Paying Agent under the terms hereof (the "Surety Bond Coverage") shall be reduced and may be reinstated from time to time as set forth herein. 1. As used herein, the term "Owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the applicable paying agent, the Issuer or any designee of the Issuer for such purpose. The term "Owner" shall not include the Issuer or any person or entity whose obligation or obligations by agreement constitute the underlying security or source of payment for the Obligations. 2. Upon the later of: (i) three (3) days after receipt by the Insurer of a demand for payment in the form attached hereto as Attachment 1 (the "Demand for Payment"), duly executed by the Paying Agent; or (ii) the payment date of the Obligations as specified in the Demand for Payment presented by the Paying Agent to the Insurer, the Insurer will make a deposit of funds in an account with U.S. Bank Trust National Association, in New York, New York, or its successor, sufficient for the payment to the Paying Agent, of amounts that are then due to the Paying Agent (as specified in the Demand for Payment) subject to the Surety Bond Coverage. 3. Demand for Payment hereunder may be made by prepaid telecopy, telex, TWX or telegram of the executed Demand for Payment c/o the Insurer. If a Demand for Payment made hereunder does not, in any instance, conform to the terms and conditions of this Surety Bond, the Insurer shall give notice to the Paying Agent, as promptly as reasonably practicable, that such Demand for Payment was not effected in accordance with the terms and conditions of this Surety Bond and briefly state the reason(s) therefor. Upon being notified that such Demand for Payment was not effected in accordance with this Surety Bond, the Paying Agent may attempt to correct any such nonconforming Demand for Payment if, and to the extent that, the Paying Agent is entitled and able to do so. 4. The amount payable by the Insurer under this Surety Bond pursuant to a particular Demand for Payment shall be limited to the Surety Bond Coverage. The Surety Bond Coverage shall be reduced automatically to the extent of each payment made by the Insurer hereunder and will be reinstated to the extent of each reimbursement of the Insurer pursuant to the provisions of Article II of the Financial Guaranty Agreement dated the date hereof between the Insurer and the Issuer (the "Financial Guaranty Agreement"); provided, that in no event shall such reinstatement exceed the Surety Bond Limit. The Insurer will notify the Paying Agent, in writing within five (5) days of such reimbursement, that the Surety Bond Coverage has been reinstated to the extent of such reimbursement pursuant to the Financial Guaranty Agreement and such reinstatement shall be effective as of the date the Insurer gives such notice. The notice to the Paying Agent will be substantially in the form attached hereto as Attachment 2. 5. Any service of process on the Insurer or notice to the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk, New York 10504 and such service of process shall be valid and binding. 6. The term of this Surety Bond shall expire on the earlier of (i) [MATURITY DATE] (the maturity date of the Obligations being currently issued), or (ii} the date on which the Issuer has made all payments required to be made on the Obligations pursuant to the Document. 7. The premium payable on this Surety Bond is not refundable for any reason, including the payment prior to maturity of the Obligations. 8. Any suit hereunder in connection with any payment may be brought only by the Paying Agent within 3 years after (i) a Demand for Payment, with respect to such payment, is made pursuant to the terms of this Surety Bond and the Insurer has failed to make such payment, or (ii) payment would otherwise have been due hereunder but for the failure on the part of the Paying Agent to deliver to the Insurer a Demand for Payment pursuant to the terms of this Surety Bond, whichever is earlier. 10. There shall be no acceleration payment due under this Policy unless such acceleration is at the sole option of the Insurer. IN WITNESS WHEREOF, the Insurer has caused this Surety Bond to be executed in facsimile on its behalf by its duly authorized officers, this day of June 2007. MBIA INSURANCE CORPORATION By: President By: Assistant Secretary 2 Attachment 1 Surety Bond No. XX~~:KXX DEMAND FOR PAYMENT 20 MBIA Insurance Corporation 113 King Street Armonk, New York 10504 Attention: President Reference is made to the Surety Bond No. XXXXXX (the "Surety Bond") issued by the MBIA Insurance Corporation (the "Insurer"). The terms which are capitalized herein and not otherwise defined have the meanings specified in the Surety Bond unless the context otherwise requires. The Paying Agent hereby certifies that: (a) In accordance with the provisions of the Document (attached hereto as Exhibit A), payment is due to the Owners of the Obligations on (the "Due Date") in an amount equal to $ (the "Amount Due"). (b) The [Debt Service Reserve Fund Requirement] for the Obligations is (c) The amounts legally available to the Paying Agent on the Due Date will be $ less than the Amount Due (the "Deficiency"). (d) The Paying Agent has not heretofore made demand under the Surety Bond for the Amount Due or any portion thereof. The Paying Agent hereby requests that payment of the Deficiency (subject to the Surety Bond Coverage) be made by the Insurer under the Surety Bond and directs that payment under the Surety Bond be made to the following account by bank wire transfer of federal or other immediately available funds in accordance with the terms of the Surety Bond: [Paying Agent's Account] COMMERCE BANK, N.A. By: Its: Attachment 2 Surety Bond No. XXXXXX NOTICE OF REINSTATEMENT 200 Commerce Bank, N.A. 7545 Centurion Parkway, Suite 402 Jacksonville, Florida 32256 Attention: Corporate Trust Services Reference is made to the Surety Bond No. XXXXXX (the "Surety Bond") issued by the MBIA Insurance Corporation (the "Insurer"). The terms which are capitalized herein and not otherwise defined have the meanings specified in the Surety Bond unless the context otherwise requires. The Insurer hereby delivers notice that it is in receipt of payment from the Obligor pursuant to Article II of the Financial Guaranty Agreement and as of the date hereof the Surety Bond Coverage is $ MBIA Insurance Corporation By: President Attest: Assistant Secretary ANNEX B DEFINITIONS For all purposes of this Agreement and the Surety Bond, except as otherwise expressly provided herein or unless the context otherwise requires, all capitalized terms shall have the meaning as set out below, which shall be equally applicable to both the singular and plural forms of such terms. "Agreement" means this Financial Guaranty Agreement. "Closing Date" means [CLOSING DATE], 2007. "Commitment" means the commitment to issue Municipal Bond Guaranty Insurance in the form attached hereto as Annex C. "Debt Service Payments" means those payments required to be made by or on behalf of the Issuer which will be applied to payment of principal of and interest on the Obligations. "Demand for Payment" means the certificate submitted to the Insurer for payment under the Surety Bond substantially in the form attached to the Surety Bond as Attachment 1. "Document" means Resolution No. R- 98-9 adopted by the Issuer on December 3, 1991, as amended and supplemented by Resolution No. R-90-02 adopted by the Issuer on December 2, 2002, as further amended and supplemented by Resolution No. R-21-07 adopted by the Issuer on August 21, 2007. "Event of Default" shall mean those events of default set forth in Section 4.01 of the Agreement. "Insurer" has the same meaning as set forth in the first paragraph of this Agreement. "Issuer" means City of Delray Beach, Florida, a municipal corporation of the State of Florida. "Obligations" means City of Delray Beach, Florida Utility Tax Revenue Bonds, Series 2007. "Owners" means the registered owner of any Obligation as indicated in the books maintained by the Paying Agent, the Issuer or any designee of the Issuer for such purpose. "Paying Agent" means Commerce Bank, N.A. "Premium" means [PREMIUM] payable to the Insurer on or prior to the Closing Date. "Reimbursement Period" means, with respect to a particular Surety Bond Payment, the period commencing on the date of such Surety Bond Payment and ending on the earlier of the date of cancellation of the Surety Bond due to nonpayment of Premium when due or on the expiration of x following such Surety Bond Payment. "Reimbursement Rate" means Citibank's prime rate plus three (3) percent per annum, as of the date of such Surety Bond Payment, said "prime rate" being the rate of interest announced from time to time by Citibank, N.A., New York, New York, as its prime rate. The rate of interest shall be calculated on the basis of the actual number of days elapsed over a 360-day year. "State" means Florida. "Surety Bond" means that surety bond attached hereto as Annex A and issued by the Insurer guaranteeing, subject to the terms and limitations thereof, Debt Service Payments required to be made by the Issuer under the Document. "Surety Bond Coverage" means the amount available at any particular time to be paid under the terms of the Surety Bond, which amount shall never exceed the Surety Bond Limit. "Surety Bond Limit" means [SURETY BOND LIMIT]. "Surety Bond Payment" means an amount equal to the Debt Service Payment required to be made by the Issuer pursuant to the Document less (i) that portion of the Debt Service Payment paid by or on behalf of the Issuer, and (ii} other funds legally available for payment to the Owners, all as certified in a Demand for Payment. 2 ANNEX C COMMITMENT [To be provided.] WPB/381675733v3/016787.011900 MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph M. Sa~i~Fmance Director THIEtOUGH: David T. Harden, City Manager~~V ~' I DATE: August 10, 2007 (,~ "~ SUBJECT: AGENDA ITEM# 1,.V REGULAR MEETING OF AUGUST 21, 2007 AUTHORIZATION TO PROCEED WITH FUNDING TO CONSTRUCT THE INFORMATION TECHNOLOGY QT) BUILDING ITEM BEFORE THE COMMISSION The City of Delray Beach IT Division is requesting City Commission approval for the transfer of $974,400 from Insurance Fund Unrestricted Net Assets to the General Construction Fund to construct the new state of the art IT facility adjacent to City Hall. BACKGROUND The City Commission originally approved the funding of the new IT facility in the FY 2007 Capital Improvement Budget with the funding to come from a band issue. The IT building was then removed from the bond issue with funding to come from Insurance Fund surplus. This was approved by the City Commission but then deferred. until the State tax reform impact was determined. Now that the property tax millage has been resolved, the City Commission is being asked to approve the transfer of Insurance Fund surplus to the General Construction Fund to fund the new IT facility. FUNDING SOURCE Transfer of $974,400 from Insurance Fund Unrestricted Net Assets to General Construction Fund RECOMMENDATION Staff recommends approval for $974,400 to be transferred from Insurance Fund surplus to the General Construction Fund to finance the construction of a new IT facility. Justification for this new facility attached in correspondence dated August 10, 2007. MEMOIZArmuM To: David T. Harden,~C~~ity Manager From: Joseph M. Safford;~nance Director Date: August 10, 2007 Subject: Approval for Construction of IT Building We thought it appropriate to restate and review the primary reasons for the construction of a new IT building given the fact that we have several new City Commissioners that may not be fully aware of the years of documentation that have preceded them. This memorandum will provide the reasons that we are recommending a new IT building at this time. The IT Division is currently housed in a space that is limited and a space that was never designed to serve as an TT environment. The Five-Year Enterprise Technology Plan has recommended a new IT facility since FY 2000. The new facility was originally approved by the City Commission as part of the FY 2007 Capital Improvement Budget and was to be funded by a bond issue. The project was ultimately removed from the bond issue and was approved by the City Commission to be funded with cone-time transfer of Insurance Fund surplus. The building was temporarily deferred until the City understood the full impact of State tax reform efforts. This issue was resolved recently by setting the millage rate at the State recommended rollback rate less 9% and the Commission authorization to proceed with a $25 million bond issue. The primary reasons for the need of a new IT facility are based on the following: • Fire Suppression Systems are not approprutte for an IT computer center The computer room, containing over $1.0 million in electronic equipment, is presently serviced by a zoned sprinkler system which is not the appropriate fire suppression system for electronic equipment. The proper fire suppression system is a clean-agent system which extinguishes a fire within a pressurized room without damage or residue to and on computer equipment. This current facility cannot be rehabilitated to contain aclean-agent system since the room has to be able to be completely sealed and pressurized. The present computer room has a dropped ceiling and the first floor walls do not extend to the second floor, thus a sealed room is not possible. The Fire Department states that if one section of this building is sprinkled, the entire building must be sprinkled. The new building will contain a poured concrete roof which allows us to seal off the computer room and will therefore allow us to install aclean-agent system for fire suppression. • Air conditioning systems are not functional for an 1T computer center The primary air conditioning system for City Hall is a chiller unit which is turned off at night and on weekends even though our computer center equipment remains active during this period. There were times when the temperature in the computer room exceeded 80.90 degrees in the mornings and the temperature should be consistently below 72 degrees. Since the chiller unit is not able to be connected to the emergency backup generator, during a power outage there was no air conditioning at all and large fans had to be brought in to cool the equipment. The IT Division had a second air conditioning system installed. The ductwork for both of these systems is mounted on the ceiling and adequately cools the room during the day but does not necessarily dissipate the heat in the computer equipment racks. A proper air conditioning system in a computer room has ductwork coming from the floor and blows cold air up through the equipment racks to dissipate the heat away from the equipment. The new facility has new computer server racks with self-contained air conditioning cooling units that properly dissipate heat away from the computer equipment. These units will be connected to the new backup generator to reduce the possibility of equipment overheating in the future. Exterior walls/windows are not hurricane Gardened There are two (2) large exterior windows in the computer room housing over a $1.0 million worth of equipment essential to the operations of the City. The windows have an external screen but the interior of the windows is covered in drywall. Any breakage of the window will expose the entire computer room to storm damage. The new building will be hurricane-hardened with a poured concrete roof, concrete walls, minimal window space with impact glass, and double entrance doors properly secured for storm damage. • Raised floor is not adequate for either cabling or air conditioning ductwork According to TT industry standards, a computer room should have an 18-24 inch raised floor to accommodate system cabling and air conditioning ductwork. Air conditioning should run from the floor up through computer racks to forceably dissipate heat as opposed to running from the ceiling which does not efficiently dissipate heat from the equipment. Our present raised floor is only 6 inches high and therefore our air conditioning ductwork is on the ceiling and we have minimal space under the floor for working with system cables. The new facility will have a poured concrete ceiling which allows for overhead cabling instead of a raised floor. The computer racks contain their own internal air- conditioning that blows cold air up through the racks to properly cool the equipment. • Uninterruated cower suaaly is not sufficient to suaaort IT operations The IT operation contains an uninterrupted power supply (UPS) which is a battery backup unit that allows equipment to continue to run in a case of power outages until the emergency generator kicks in. Our present UPS unit cannot provide sufficient capacity for the equipment we have in the computer room. The UPS is presently working at beyond its design capacity and frequently overheats and sets off our alarm system. This unit has failed in the past in handling electrical outages of short duration. If this unit cannot support critical equipment, operations ca.n be interrupted and data can be irretrievably lost. We do not have sufficient capacity to connect our storage area network (SAN) unit which is the unit that eventually will contain all our stored data. This system is mirrored to the Police unit and must be able to remain in an active status during power outages. The new facility will include a properly sized UPS that will allow all equipment to be connected well within the design guidelines of the equipment which will resolve the overheating problems. City Hall backua emergencv generator is not sufficient to suaaort IT operations The presern City Hall backup emergency generator is 125kw and was basically designed to support exit lights. It was not designed to power lighting, air conditioning, or equipment housed in City Hall. Jim Schmitz, Public Works Director, estimates we would need a 600kw generator to power all of City Hall. We are presently not able to put all of our computer room equipment. on the backup generator. During the past humcane we had to bring in large fans to the computer room since the air conditioning system was not active. As you know, we attempted to open City Hall to the public and had to run extension cords from the IT center, down the hallway, and across the entire length of the lobby to the Cashier in Utility Customer Service so we could activate a cash register. The new facility will include a separate emergency backup generator for the IT building sufficient to connect all equipmern to the generator. This will allow additional space on the City Hall generator for critical systems to be connected that are not already connected. This will not totally resolve the needs of City Hall for an upgraded emergency generator in the future. • IT space is limited and is not sufficient to handle incoming eguiament The IT Division does not have adequate workspace to handle the unpacking of equipment such as PC's, servers, laptops or other equipment. There are times when 10-15 units will arrive at one time and boxes will be stacked in hallways and employee offices in order to accommodate the shipment. Extension cords must be run from the computer room into offices to conduct system testing and setups. There is no room for training, staff meetings, or conferences. No rooms are considered confidential. Supervisors have to leave the area if they want to have confidential employee evaluations or meetings. There is no room for any additional employee growth or additional equipment in this area. The new facility includes sufficient space to resolve all issues of workspace, training/meeting room, and includes areas that can be used for confidential conversations with employees. • Other miscellaneous concerns Second floor break room is directly on top of IT Division. Several times the upstairs sink has backed up and the resulting leaks come through the lighting units in IT and leak down on work stations. This could cause electrical fires and activate the sprinkler system. The carpeting in the IT Division is old and moldy. Several employees have expressed health concerns due to this carpet. A carpet is not necessarily appropriate for an IT center because of static electricity. The new facility has addressed these issues and will resolve these concerns. Recommendations The IT Division, with City Commission approval, contracted to design a new IT building to be built adjacent to City Hall. The contract for architectural services was awarded to David Miller and Associates. In addition, the service of Tim Sinopoli, P.E. (Sinopoli and Associates}, an industry expert in IT technology and a specialist in the design of IT facilities was contracted. The new IT facility addresses all the stated problems mentioned. There will be adequate space in ahurricane-hardened facility, clean-agent fire suppression to a sealed computer room, air conditioned racks that run the air up through the servers and other units, increased UPS battery backup unit, backup generator with the capacity to connect all systems, adequate workspace for handling multiple shipments of equipment, as well as conference and training areas. The IT facility is a priority facility and is the centerpiece of operational support for the entire City. All departments are connected to this facility with high-speed fiber optic lines and depend on its performance to efficiently run their individual departmental operations. This facility contains critical emergency backup systems for the 911 PolicelFire dispatch center, the City website operation, as well as other critical and routine normal operations throughout the City departments. This facility must be hurricane-hardened to enhance recovery operations, be properly equipped and fitted for fire suppression, properly air conditioned, and be properly built with redundant backup battery and emergency generator capabilities to minimize dowirtime. The high levels of efficiency and productivity within all of our departments depend upon this facility for both normal and emergency services. We cannot envision any means of cost-effectively retrofitting the present space to accommodate the needs of the IT Division. We would therefore recommend that we approve going forward with the new building at your earliest convenience. With the total cost under $1.0 million, we feel that this is a cost- effective solution to ensuring the resolution of the problems previously listed and ensuring the continued efficient operations of all of our departments well into the future. We would therefore recommend that this item be placed on the August 21~` agenda for approval so that we may move forward with this important project. Cc: Guy Buzzelli, Chief Information Officer Date: August 10, 2007 •:, . r, • ~. AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: x_ Consent Agenda When: August 21, 2007 Regular Agenda Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): The City Commission is requested to approve a transfer of $974,400 from the Insurance Fund Unrestricted Net Assets to the General Construction Fund to finance the construction of the new IT facility adjacent to City Hall. This project was approved as part of the FY 2007 Capital Improvement Budget. Department Head .~ Signature: City Attorney Review/Recommendation (if applicable): - Budget Director Review (required on all items involving expenditure of funds): ~~ Funding Available: Ye / No Initials: --~~ Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: j~e~ / No Hold Until: Initials: Agenda Coordinator Review: (if applicable) Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGE DATE: AUGUST 15, 2007 SUBJECT: AGENDA ITEM # ~ • ~ -REGULAR MEETING OF AUGUST 21, 2007 PROPOSED FY 2008 MAXIMUM RATES -MUNICIPAL GOLF COURSE ITEM BEFORE COMMISSION City Commission is requested to approve proposed maximum rates for FY 2008 for the Delray Beach Municipal Golf Course. BACKGROUND Attached is the proposed maximum rate schedule for the municipal course, along with a rate comparison with other municipal courses which reflects current year pricing and additional information on rate philosophy. Increases in rates are proposed for prepaid green fees, cart fees, daily greens fees, range balls, and other miscellaneous rates. Rate increases range from 0% to10.5% for permit cart fees (in season) and are based on market conditions. Golf fees, except for prepaid green fees, are in line with other golf courses. Maximum rates would be the highest rate that would be charged. Based on market conditions, however, we often promote specials at rates lower than maximum. Sharon Painter will be available to help answer any questions. RECOMMENDATION Staff recommends approval of proposed maximum rates for FY 2008 for the Delray Beach Municipal Golf Course. RAB/db Attachment U:lwwdata~Agenda~Agenda Item Proposed FY 2008 Maximum Rates Municipal Golf Course.doc 0 0 0 0 0 0 e 00 Cfl0 O)O ~ O ~ O ~ O E- W O O 0 0 O O W O ~ N CEO d' M N ~_ 0. ~ O W ~ Z Z Z o 0 0 0 0 0 ~ ~ N ~ ~ M N X w c~~ ~~ ~~ 0 0 0~ o o ~~~ 0 00 ono •-0 000 o co o ri o co o Z z z N ~ ~ O O O O O O ~~~ 0 0 0 0 I~ Z W O O 0 0 O O O O O O O N O O ~ N ~ M M N O O O ~ N~~~ ~ U 4. H .- ~- ~ c.i O = ~ o°OOO° O m w m o0 00 0o moooo ~ O o0 00 0o Ooooo Q Z ~ N ~ M M N ~~ N~ O d ~- r O O Ln ~_ W ~ ~ ~ EA Ef3 69 EH ~ fA ER EH b9 ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° O ~ tn0 MO OO M~r(O NMOO~oO OOd)O w ° ~ O ~ O O O ~ ~' O) ~ ~~ 'd' O O O N N N N ~ ~ O 0_ ~ O O 0 0 O O O N T O 0 0 0 0 0 N O N I~ O O O O O O O ~~ I~ ~ O ONO 0 0 M N GO M ~ ~ ~ ~t M I~ ~ O O A N N d' ~t O O O O~ M CV CO N Q, Z O ~ N ~ N N ~ O I~ N ~ N ~ ~ N O O K ~ O ~ N N N U W d 6y EA 69 EA EA fi} 6~} EA E!} b9 lf? 69 69 69 Ef} E!} EA ff? lfl tf3 LL ~ '~ 00 00 00 ~ MOO 000000 ~MCAO ~ Z 00 00 00 O N ~ N 00000 ~ OCON ~ ~ NM ~~ ISO) ~ON~t MoDO~~~ OMON = U '~ N ~ N N ~ O O N ~ N ~ ~ N~~ COO r r r N w E,9ty9 ~tfl t~~ ~~ttrc~s ~~~~~~ ~t~4t~3~ m i J ~ W ~ O ~ O t ~ ~ ~ N ~ ~ ~ N ~ ~ ~ O ~ J J_ 00 ~ J C C ~ N N U U ~~ Z~ N ~ Z J W W W ~ J .~.I ~~ 'd~ r J ~ wF"J J mil--I- oz~zz O ~ U U' Z Q Q J Q~~ J U j~ W W U ~ Z Cn W~W~~~ JUQQ O OD ~Wln QWU ~WU H ~~R'~Q~JwW~HF= H_WWWW ~OJ ~OJ JO-i ~ ~jmYO.JmOpC~~~~ ~~~~~ ~=O U20 ~2p J mC~UW J~2=ZQQ'~' ~(q(gZZ Oo= wo= ao= J QO~~J~ Q=ww www00 Z o rn D ~- rn Q r rn Q ~ m J a a U ~ rn~ U a a ~~~ Z Z WEST PALM Rate Survey DELRAY LINKS OF NORTH PALM BEACH BEACH SOUTH BOCA BOYNTON PALM BEACH LAKE GOLF 2006-2007 GOLF CLUB WINDS MUNICIPAL MUNICIPAL BEACH GARDENS WORTH COURSE PERMIT *** *** SINGLE RES $1,243.13 N/A $863.50 $ 650.00 $1,350.00 $ 517.20 $ 690.00 $ 1,011.75 S/ NON RES $1,965.63 NIA $1,324.00 NIA $2,500 $ 642.99 N/A $ 1,304.63 FAMILY RES $1,939.06 NIA $1,422.00 N/A $2,250.00 $ 838.69 $ 1,100.00 N/A FAMILY N-R $2,656.25 N/A $2,106.50 NIA $4,000.00 $ 964.50 N/A NIA BAG STORE $95.63 N/A NIA N/A N/A N/A N/A $85.00 CHARITY $27.OOWD $24 N/A N/A N/A N/A N/A $25.00 CARD $29.OOWE G&CF JAN-MAR WD / WE WD / WE WD ! WE 1WD / WE RES $46 / $49 $42.00 ,$43.50 $51.00 $70 / $77 $44 / $46 NIA $42 / $44 NON RES $50 / $55 $44.00 $56.00 $51.00 $105 / $115 $48 / $50 $50.00 $49 / $52 OuUState $50.00 $54 / $56 NO-DE-AP WD / WE WD / WE WD / WE RES $43 / $45 $42.00 $43.50 $41.00 $56 / $61# N/A N/A $38 / $40 NON RES $50 / $55 $44.00 $56.00 $41.00 $84 / $90# N/A $34.00 $44 / $46 OuUState $50.00 MAY-OCT WD/WE WDlWE WD/WE WD/WE RES $27 / $29 $21 / 27.50 $28.50 $27.00 N/A $34 / $38 N/A $25 / $26 NON RES $29 / $31 $21 / 27.50 $35.50 $27.00 N/A $40 / $44 $26.00 $27 / $28 OUT STATE $44 / $48 WALK FEE JAN-MAR WD / WE WD / WE WD / WE RES $151$17 $18.00 $22.50 N/A $40 / $46 N/A NIA $15 / $24** NON RES $17/ $20 $18.00 $27.00 N/A $56 / $61 N/A $20.00 $17 / $27"* NOV-DE-AP RES $15 / $17 $15.00 $14.00 NIA $18 / $20 # N/A N/A $15 / $ 17 NON RES $17 / $20 $15.00 $16.75 NIA $27 / $29 # N/A $17.00 $16 / $19 ** APRIL-OCT RES $15.00 $15.00 $14.00 N/A $18 / $20# $17.00 N/A $15 / $17 NON RES $17.00 $15.00 $16.75 N/A $27 / $29# $19.00 $13.00 $16 / $19** OUT STATE $21.00 **WPB WE:: PM RATE #NPB RATE APR/MAY **' NPBlLW.• ANNUAL FEE N/A Delray Beach Golf Club Rate Philosophy The general philosophy of Delray Beach Golf Club is to serve the public with a first class golf experience, and offer all City of Delray Beach Residents discount on golf fees. It is our belief that the club should balance a high volume of play, which satisfies a lazge segment of our golf population, with the need to maintain our golf course at a high standazd. As more people play at Delray Beach Golf Club, they learn more about special offers and upcoming events at Lakeview Golf Club and Delray Beach Tennis Center, which leads to more memberships, merchandise, food & beverage revenue, and exposure to our banquet facilities. In addition, we have found that every round played at Delray Beach Golf Club generates approximately $5.00 in additional revenue ($2.00 in Food & BeverageBazBeverage Cart, $1.00 in Driving Range, and $2.00 in Merchandise). At Delray Beach Golf Club, we have three seasons: first is the "shoulder" (mid-November to mid- December); followed by "season" (mid-December to mid-April); and fmally "summer" (mid-April to mid- November). The dates of these seasons may vary from year to year by a few days, as we often begin a new rate period on a weekend. The shoulder season has rates that range between our summer rates and our season rates. Our experience has taught us that having this season is an effective way of capturing the business of "snow birds", who have just arrived in Florida. Once they have played our course, and become comfortable with playing conditions and staff, they will continue to play with us throughout the "season" at higher rates. Our budget for FY 2007-2008 calls for 83,500 rounds at an average golf rate of $22.99. These numbers exclude annual permits. The proposed "maximum" rates at Delray Beach Golf Club have been put together based on the following criteria: • History of Rounds • Review of rate increases from previous years • Review of competitive market Please note that the term "actual" rate differs from the term "maximum" rate. It has been the policy of the City of Delray Beach Commissioners to approve the "maximum" rate for the golf course. This gives the management company latitude to adjust the actual rates during the year in case of fluctuations in world economy, mazket conditions, course conditions, and adverse weather. Our proposed maximum rates reflect a philosophy of offering City Residents significant savings 365 days a yeaz. We anticipate that City Residents will save between $5-$10 per round between November 17, 2007 and April 14, 2008 and $3-$5 per round between April 15, 2008- November 16, 2008 during prime time. Our proposed maximum rates reflect rates which are in line with other municipal golf course in Palm Beach County. We anticipate a breakdown of round as follows: Permit 25%, City Resident 40%, County Resident 15%, Non Resident 20%. We are comfortable that these increases will not have an impact on our customer base, but will allow us to aggressively market our golf course as being "affordable" at all times. In general we expect to charge City Residents golf rates close to the Proposed Maximum. In regards to County and Non-Resident rates, we will closely monitor our competition and our on going business to maximize rounds and revenues by charging rates that are in line with competition and are perceived as affordable. Annual permits(prepaid green fees) Our budget calls for approximately 135 annual permit holders to total $200,000. We believe that it's important to balance the needs of our golfers who purchase annual permits with the need of our City to have sufficient tee times available for City and County Resident and tourists. We are proposing 2.9% annual increases. We have enclosed copies of • Proposed maximum rates for 2007-2008 • Competitive survey for 2006-2007 Please note that the survey is for the previous year, as all of the competitive courses surveyed have not yet determined their rates for next year. In summary, we believe that the proposed maximum rate structure will allow the management team the flexibility to meet or exceed our budgeted rounds and revenues. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: AUGUST 15, 2007 SUBJECT: AGENDA ITEM # "1 • r -REGULAR MEETING OF AUGUST 21, 2007 PROPOSED FY 2008 MAXIMUM RATES - LAKEVIEW GOLF COURSE ITEM BEFORE COMMISSION City Commission is requested to approve proposed maximum rates for FY 2008 for the Lakeview Golf Course. BACKGROUND Attached is the proposed maximum rate schedule for the Lakeview Golf Course for FY 2008, along with a rate comparison which reflects current rates for other like golf courses. Rate increases proposed average between 3% and 8%. Fees proposed are in line with other comparable courses. This course is price sensitive. Also attached is additional information on rate philosophy. Maximum rates would be the highest rate that would be charged. Based on market conditions, however, we often promote specials at rates lower than maximum. Sharon Painter will be available to answer any questions. RECOMMENDATION Staff recommends approval of proposed maximum rates for FY 2008 for the Lakeview Golf Course. RAB/db Attachment U:lwwdata~AgendalAgenda Item Proposed FY 2008 Maximum Rates Lakeview Golf Course.doc w e e e ~ e e e ~ e e e e o E oo i. r~ ~ r~ ao E ° c . x ~ t E ~ o c ' > C ~ m °o o °o o°°, °o v°~ N ~ N N N M ~ ~ ~ y E H ~ ~ • O ~ ~ f~ ~ ' ~ C. ~ X •~ C C o `° a c ° a - «~ ur u, v, ~ us r .a ~ r C C~ • O O O O O O ~ C ~ E N N N M ~ ~ ~ C ~ ~ r ~ r+ c d ~ d C H E x H ~ ° w ~ E °' ~, us yr vs ~- sg a i ~ d E ~ W C rd+ O H O O O O ~ d 3 O ~ ~ ~ Oi et ~ r M <O ~ N Cw, d7 rN NM rr C .` ~ ~=aE m, ~ ~ a N d ~ t~ w tFt w tr> try ~ ~ rdj O .~ w e\ \ o e e C ~ ~ O N O E ~ m oo m at eh d o d' ~ . ~ N v cEy °/ a o V ~ ~ 1~ ~ ~ .% ~ ~° ~" d N ~ o K O O . c ° ~ `o "' E ~ e~ ' ~ e U ` g 3~ y ~ m ° ° °° ° ° ~ o ~ ~ ~ _ o e o ~ ~' ' O E . o n , o o ~ • ~ ~ ~ N d N R~ d C •O ~ r N N M aM- ~ y m y y o v ~ L a O ° o•~ ~ ~ ~ E ~p ° ~ - O ji Q a ro a = V a c d` E = a, v~ ur v- ea v, ,c ~ m t A E C y OO OO OO 'C 4f ~ N r Qf m ~ ~C ~ ~ ~N Nt"N~ ~~ ~ ~ d ~ ~ w~ E ~a ~ -' ~ ~- `~ ~ Ef! EA /A K (A fR y' ~+ d y. dt ° ° ° ° « °.: d o i r; 0 0 , o, 0 3 m s p ~ t r N N N r r of .> >+ ~ H df ~ d a ~ ~ 'p ~, ~. a ~ E .° ~ _ ~ ; '~ ~ v - o o ° ~` E ~ o ~ o p a w H r O O ~ ~K C N rsi. ~ N N v A ~ _ .E d O d O ~ H E r r ~° ~ ° E '~ ~ ''' m a ~ w +'~ m o a E o ~' ° o ~' 0 m C •r m ~ o d L m ~ N N Z ~ ~ ~ F P r u1 ~ ~ ~ w ° d d r m 0 i N ~ E E ~ O E ° E E r ~ E a- •~ ~ , N ° a ~ a ~ z 3~ yc ~~ ~a 3a a ~ a c South Palm Beach -Area Executive Golf Courses 2007-2008 Rate Comparison 4/23/2007 (Revised) LVGC Pro posed Maximum Lakeview Sherwood Marina Lakes King's Point Ride 18 Holes "Shoulder" 12-2 $20.00/ 2- November, 2006 -December, 2007 CL $16.00 Resident/League/Charity $ 25.00 $ 23.50 $ 26.50 $ 28.00 $ 28.00 Non-Resident $ 27.00 $ 24.50 $ 26.50 $ 28.00 $ 32.00 "Season" December, 2007 -April, 2008 Resident/League/Charity $ ~ 32.00 $ 29.00 $ 26.50 $ 30.00 $ 20.00 Non-Resident $ 35.00 $ 31.00 $ 26.50 $ 28.00 $ 24.00 "Summer" April, 2007 -November, 2008 Resident/League/Charity $ 16.00 $ 14.00 $ 15.95 NIA NIA Non-Resident $ 18.00 $ 15.00 $ 14.95 $ 23.00 $ 20.00 Walk 18 Holes "Shoulder" Walk after Walk 1 1-CL November, 2007 -December, 2008 3:00 $13.00 Resident/League/Charity $ 18.00 $ 17.00 No Walking $ 15.00 $ 15.00 Non-Resident $ 23.00 $ 19.00 No Walking $ 13.00 $ 18.00 "Season" December, 2007 -April, 2008 Resident/League/Charity $ 22.00 $ 20.00 No Walking $ 15.00 $ 15.00 Non-Resident $ 26.00 $ 24.00 No Walking $ 13.00 $ 18.00 "Summer" April, 2008 -November, 2008 Resident/League $ 13.00 $ 11.00 No Walking N/A N/A Non-Resident $ 14.00 $ 12.00 No Walking $ 13.00 $ 15.00 *All rates include sales tax *Other golf courses in competitive analysis do not have a "shoulder" season *Marina Lakes and King's Point are now acknowledged as fevelent competitors to LVGC. We decided that Red Reef Park and Boca Exec. County Club are no longer considered revelent competitors. Lakeview Rate Philosophy The general philosophy of Lakeview Golf Club is to serve the public with a first class golf experience at affordable rates, and offer all City of Delray Beach Residents a discount on golf fees. This has led to solid revenue, and has reciprocal value to our sister Delray Beach facilities. As more people play at Lakeview, they learn about special offers and upcoming events at Delray Beach Golf Club and Delray Beach Tennis Center, which leads to more memberships, merchandise sales, food & beverage revenue, and exposure to our banquet facilities. In addition, we have found that every round at Lakeview amounts to approximately $1.00 in additional revenue Food & Beverage and/or Merchandise. At Lakeview, we have three seasons: first is the "shoulder" (mid-November to mid-December); followed by "season" (mid-December to mid-April); and fmally "summer" (mid-April to mid-November). The dates of these seasons may vary from year to year by a few days, as we often begin a new rate period on a weekend. The shoulder season has rates that range between our summer rates and our season rates. Our experience has taught us that having this season is an effective way of capturing the business of "snow birds", who have just arrived in Florida. Once they have played our course, and become comfortable with playing conditions and staff, they will continue to play with us throughout the "season" at higher rates. The proposed "maximum" rates at Lakeview have been put together based on the following criteria: • Review of competitive market • Past experience • Review of rate increase from previous years • Survey results /comments • Feedback from League Officers Please note that the term "actual" rate differs from the term "maximum" rate. It has been the policy of the City of Delray Beach Commissioners to approve the "maximum" rate for the golf course. This gives the management company latitude to adjust the actual rates during the year in case of fluctuations in world economy, market conditions, course conditions, and adverse weather. As a general rule, we tend to keep the "actual" rates very close to the "maximum" rates. Lakeview is a unique course, because of several factors: 1) Leagues: The revenue and rounds for Lakeview are driven by league play. These leagues are very price sensitive and always complain about rate increases. Many league players also play at Lakeview throughout the year outside of their league. 2) Age: The average age of the regular golfers at Lakeview (other than our Junior Golf League members) is nearly 70 years of age. These customers are typically not wealthy country club members, and are extremely price conscious. 3) Competitive landscape: When we do an analysis of the competitive market for Lakeview, we always include Boca Raton Executive and Red Reef Park on the spreadsheet. However, the two main competitors to Lakeview are Sherwood Park and Boca Executive. Our biggest competitor is Sherwood, which is less than 2 miles away off of Atlantic Avenue; between Congress and Military trail. In addition, we monitor the rates of Marina Lakes and Kings Point. We have enclosed copies of: • Proposed "maximum" rates for 2007-2008 • Competitive survey for 2006-2007 Please note that the survey is for the previous year, as all of the competitive courses surveyed have not yet determined their rates for the "shoulder", "season" and "summer" of 2007- 2008. We have carefully scrutinized our rates and are confident that our proposed maximum rates will not cause us to lose customers. For fiscal year 2007 - 2008, we anticipate Lakeview to total roughly 52,215 rounds, with an average rate of $14.47 per round. The breakdown of play is approximately City Resident 35% and Non Resident 65%. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: AUGUST 15, 2007 SUBJECT: AGENDA ITEM # ~ . G -REGULAR MEETING OF AUGUST 21, 2007 PROPOSED FY 2008 MAXIMUM RATES -TENNIS FACILITIES ITEM BEFORE COMMISSION City Commission is requested to approve proposed maximum rates for the Tennis Facilities for FY 2008. BACKGROUND Attached is the proposed maximum rate increases for Tennis Facilities for FY 2008, along with a rate comparison which reflects current rates with other facilities. Proposed rate increases for membership range from 0% to 3.0% for Highland Beach membership. Increases are also proposed for court use, light use and lessons. All rate increases proposed are based on market conditions. Additional information on rate philosophy is provided. As is with the Golf Course rates, the maximum rates can be reduced based on market conditions. Sharon Painter will be available to answer any questions. RECOMMENDATION Staff recommends approval of proposed maximum rates for FY 2008 for the Tennis Facilities. RAB/db Attachment U:\wwdata\Agenda\Agenda Item Proposed FY 2008 Maximum Rates Tennis Facilities.doc 1 "'' DELRAY BEACH TENNIS CENTER -FISCAL YEAR 2007-2008 PROPOSED MAXIMUM MEMBERSHIP RATES TYPE OF ANNUL MEMBESHIP (10101/07-9!30/08) RESIDENT EXISTING PROPOSED % INCREASED SINGLE $ 310.00 $ 315.00 1.6% FAMILY $ 470.00 $ 480.00 2.1 JUNIOR $ 50.00 $ 50.00 0.0% HIGHLAND BEACH RESIDENT SINGLE $ 430.00 $ 440.00 2.3% FAMILY $ 600.00 $ 615.00 2.5% JUNIOR $ 75.00 $ 75.00 0.0% NON-RESIDENT SINGLE $ 545.00 $ 555.00 1.8% FAMILY $ 745.00 $ 765.00 2.7% JUNIOR $ 100.00 $ 100.00 0.0% TYPE OF SUMMER MEMBERSHIP (511107-9130108): RESIDENT SINGLE $ 130.00 $ 130.00 0.0% FAMILY $ 195.00 $ 195.00 0.0% JUNIOR $ 35.00 $ 35.00 0.0% HIGHLAND BEACH RESIDENT SINGLE $ 165.00 $ 170.00 3.0% FAMILY $ 250.00 $ 255.00 2.0% JUNIOR $ 45.00 $ 45.00 0.0% NON-RESIDENT SINGLE $ 200.00 $ 205.00 2.5% FAMILY $ 290.00 $ 295.00 1.7% JUNIOR $ 55.00 $ 55.00 0.0% NOTE: MEMBERSHIP RATES LISTD ABOVE DO NOT INCLUDE FLORIDA SALES TAX. FAMILY=HUSBAND, WIFE AND CHILDREN EITHER UNDER THE AGE OF 18 OR UNDER THE AGE IF 21 AND ATTENDING SCHOOL ON A FULL TIME-BASIS. ~0 DELRAY BEACH TENNIS CENTER -FISCAL YEAR 2007-2008 PROPOSED MAXIMUM DAILY RATES COURT FEES -HARD COURTS (PER PERSON) COURT TIMES: COURT TIMES: MORNING/EVE NING AFTERNOON 1 -APRIL 30 NOV EXISTING PROPOSED % INCREASED EXISTING PROPOSED % INCREASED . CITY RESIDENTS ADULTS $5.50 $5.75 4.5% $4.50 $4.75 5.6% JUNIORS $3.25 $3.25 0.0% $2.75 $2.75 0.0% COUNTY RESIDENTS ADULTS $6.50 $6.75 3.8% $5.50 $5.75 4.5% JUNIORS $3.50 $3.50 0.0% $3.50 -$3.75 7.1% NON-RESIDENTS ADULTS $8.00 $8.50 6.3% $7.00 $7.50 7.1% JUNIORS $5.00 $5.25 5.0% $4.50 $4.75 5.6% MAY 1 - OCT 31 EXISTING PROPOSED % INCREASED EXISTING PROPOSED % INCREASED CITY RESIDENTS ADULTS $3.00 $3.25 8.3% $3.00 $3.25 8.3% JUNIORS $0.00 $0.00 n/a $0.00 $0.00 n/a COUNTY RESIDENTS ADULTS $4.50 $4.75 5.6% $4.00 $4.25 6.3% JUNIORS $2.50 $2.75 10.0% $2.50 $2.75 10.0% NON-RESIDENTS ADULTS $5.00 $5.25 5.0% $5.00 $5.75 15.0% JUNIORS $3.50 $4.00 14.3% $3.50 $4.00 14.3% ALL PRICES INCLUDE 6.5% FLORIDA SALES TAX DELRAY BEACH TENNIS CENTER -FISCAL YEAR 2007-2008 PROPOSED MAXIMUM DAILY RATES COURT FEES -CLAY COURTS (PER PERSON) COURT TIMES: COURT TIMES: MORNING/EVENING AFTERNOON NOV. 1 -APRIL 30 EXISTING PROPOSED % INCREASED EXISTING PROPOSED % INCREASED CITY RESIDENTS ADULTS $8.25 $8.50 3.0% $6.50 $6.75 3.8% JUNIORS $5.50 $5.75 4.5% $4.00 $4.25 6.3% COUNTY RESIDENTS ADULTS $10.50 $11.00 4.8% $8.00 $8.25 3.1 JUNIORS $7.50 $7.75 3.3% $5.00 $5.25 5.0% NON-RESIDENTS ADULTS $14.00 $14.50 3.6% $11.00 $11.50 4.5% JUNIORS $9.50 $9.75 2.6% $7.00 $7.25 3.6% MAY 1 - OCT 31 EXISTING PROPOSED % INCREASED EXISTING PROPOSED % INCREASED CITY RESIDENTS ADULTS $7.75 $8.00 3.2% $6.00 $6.25 4.2% JUNIORS $4.00 $4.00 0.0% $3.00 $3.00 0:0% COUNTY RESIDENTS ADULTS $9.50 $9.75 2.6% $7.00 $7.25 3.6% JUNIORS $5.50 $5.50 0.0% $4.00 $4.00 0.0% NON-RESIDENTS ADULTS $12.00 $12.50 4.2% $9.00 $9.75 8.3% JUNIORS $8.00 $8.50 6.3% $6.00 $6.50 8.3% ALL PRICES INCLUDE 6.5 % FLORIDA SALES TAX DELRAY BEACH TENNIS CENTER -FISCAL YEAR 2007-2008 PROPOSED MAXIMUM MISCELLANEOUS RATES EXISTING PROPOSED % INCREASED LIGHTS (1 1/2 HOURS) $5.39 $5.62 4.3% LOCKER RENTAL (YEARLY) $30 $30.00 0.0% BALL MACHINE RENTAL (PER HOUR) $15.00 $15.00 0.0% RACQUET RENTAL $0.00 $0.00 n/a MISCELLANEOU S RATES DO NOT INCLUDE FLORIDA SALES TAX PRIVATE LESSON RATES EXISTING PROPOSED % INCREASED ONE-HALF HOUR: MEMBERS $32.00 $34.00 6.3% COUNTY RESIDENTS $38.00 $40.00 5.3% NON-RESIDENTS $42.00 $44.00 4.8% JUNIORS COUNTY $27.00 $29.00 7.4% JUNIOR NON-RESIDENT $36.00 $37.00 2.8% ONE HOUR MEMBERS $55.00 $56.00 1.8% COUNTY RESIDENTS $62.00 $64.00 3.2% NON-RESIDENTS $75.00 $77.00 2.7% JUNIORS COUNTY $46.00 $47.00 2.2% JUNIORS NON-RESIDENT $56.00 $57.00 1.8% d C d U c ~- .~ m pQ~ m o~ W ss jj Q m SS ~ s8 ~ N ~ pi N W ~ ~ ~ ~ MN r{, CYy Nye ~M N N y S~ o D vS~ ~ O r_ ~ ~! 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U U Z 2 Uj f/J W °'tl W W ~OOO N C~ U U Z Z Z 8 ~ ~ Z 2 W O O r~t~mW W W ~S~ W W O O~ ~ U Z S S~ p O ~ ~ ~~~ U U Z 2 ~ ~ ~ ~ Wy f0N f Z W M Z ~ W W W U' U' C7 O p p u 2 ~ ~ 2S= W W O O Op K K U U Z Z ~ SS 2 m ^o'i~ < N~KK N~~ Y m,,~ ~Y ~~ 6 ~ W J¢¢ w Y K W J Qi3 ~,r m O ~ O ~ ~ ~$ ~ ~ ~ FLL perp.. H H=N ~~' Z ~l p K'Y W S' ~ i/J ClY Z2 g N ~KKKK 2 ~ f W ~ O w Y K w Y ~ZrLN ~~ ~ O~~J o~ji~ o~~ ~ ~ ~~~ ~~ $dS~~ ~~ pR~53 ~RS d ~~mLL~ ~i ~- ~ c°~c°~~~ ~~ ~m „ 'N W NN Delray Beach Tennis Center Rate Philosophy The general philosophy of the Delray Beach Tennis Center which includes one facility on Atlantic Ave. and one facility on Jaeger Drive, is to serve the public with afirst-class tennis experience, and to offer affordable tennis to a wide segment of our tennis population. Our rates structures offer discounts for City of Delray Beach Residents. In addition, we offer further rate reductions if people play in the afternoon or on our hard courts. It is our belief that the club should balance a high volume of play with the need to maintain the courts at a high standard. As more people play at the Delray Beach Tennis Center, they learn about special offers and upcoming events at Lakeview Golf Club and Delray Beach Golf Club. In addition, they will also become involved in our lesson programs, which will benefit both the teaching pros and the City of Delray Beach with incremental revenue. At Delray Beach Tennis Center, we have two seasons: "Season" (November 1- Apri130) and "Summer" (May 1 -October 31). We offer either an annual membership, or a summer membership to promote play in the off-season. Our FY 2007 - 2008 budget anticipates that we will sell 375 memberships ($155,000 in revenue). In addition, our budget calls for us to generate approximately $75,000 in court fees and $300,000 in gross lesson income. The proposed "maximum" rates at Delray Beach Tennis Center have been put together based on the following criteria: • History of plays • Review of rate increases from pervious years • ,Review of the competitive market It has been the policy of the City of Delray Beach Commissioners to approve the "maximum" rate for the Tennis Centers. This gives the management company latitude to adjust the actual rates during the year in case of fluctuations in the world economy, market conditions, course conditions, and adverse weather. As a general rule, other than lesson rates, the "actual" rates are the same as "maximum" rates. The Delray Beach Tennis Center is unique, because of several factors: Lessons: We offer lesson programs for juniors, adults, men, women, and inner-city children - these programs range in ability from beginner to advanced Memberships: We offer incentives for people to become members by offering priority court reservations, discounts on lessons and clinics, and discounts on special events and tournaments Leagues: All ladies participating in the South Palm Beach County Women's Tennis Association league must be members of our tennis center. Presently, we have approximately 1251adies who are members Competition: Although we track rates, plays and membership for all of the competitive municipal tennis centers in Palm Beach County, experience tells us that tennis players will not drive more than 15 minutes for a tennis court or lesson According to the attached rate survey for 2006 -2007, we find that the Delray Beach Tennis Center is at the high end for Resident and Non-Resident rates in all areas compared to other municipal tennis operations. Although private tennis clubs are. not direct competitors to the Delray Beach Tennis Center, it is important to note that some clubs allow Non- Resident single memberships for a fee between $700 and $1,500 per annum. The Delray Beach Tennis Center is recognized as one of the forest municipal tennis centers in South Florida. We believe that our proposed "maximum" rates are ~ line with the quality of the courts and services offered, and allow us to attain sufficient revenues to mmunize our annual cash shortfall. We have carefully scrutinized our rates and are confident that our proposed maximum rates will not cause us to lose memberships, court fees, or lesson revenue. It is our plan to raise the actual fees in general between 3-5%. In summary, we are confident that our proposed rates are in line with our competition, will promote goodwill with our members and open players, and will allow us the opportunity to meet budget. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ /yI ~ ~"'' ' DATE: AUGUST 17, 2007 {"'~ ~ SUBJECT: . - RI AGENDA ITEM # APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Historic Preservation Board. BACKGROUND The terms for Mr. John Miller, Ms. Kim French and Ms. JoAnne Peart will expire on August 31, 2007. Ms. Peart will have served one (1) full term is eligible and would like to be considered for reappointment. Mr. Miller will have served two (2) full terms and is not eligible for reappointment. Ms. French will have served an unexpired term and would not like to be considered for reappointment. This will create vacancies for two (2) regular members to serve two (2) year terms ending August 31, 2009. Please be advised that Mr. James Borsos has submitted an application and has been added as an interested applicant. These requirements have been updated to reflect current code requirements. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. There are two (2) vacancies to be filled with someone that is experienced in one of the professions noted. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. Incumbent JoAnne Peart, who is seeking reappointment, meets the layperson appointment criteria. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3) for three (3) regular members to serve two (2) year terms ending August 31, 2009. RECOMMENDATION Recommend appointment of three (3) regular members to the Historic Preservation Board to serve two (2) year terms ending August 31, 2009. Y ~~ t ) MEMOA:ANDUM TO: MAYOR A,~TD CITY COMMISSIONERS FROM: CITY MANAGER DATE: AUGUST 20, 200'7 SUBJECT: HISTORIC PF:ESERVATION BOARD APPOiNT'MENTS-ADDITIONAL APPLICANTS ITEM BEFORE COMMISSION 'T'his item is before the Commission far appointments to the Historic Preservation Board. Please be advised that Ms. Karen Goransan (Historic Preservation Layperson), Ms. Donna Monroe {Interior Designer} and Ms. Pamela Reeder (Historic Preservation Layperson} would like to be considered for appointment to the Historic Preservation Board (Item 9.H.} at tomorrow night's City Carninission meeting. Their applications are attached for review, The Supervisor of Elections Office was unable to verify voter registration due to the fact that their computer system is dawn until tomorrow afternoon. Ge~u~~ ta~m~;~ ~ rem q. N ~~CRt11` 6EACH '~ i-~~~c ~ CITY OF DELE~AY BEACH #, BOARE'~ IIIIEIIIIBEIt APPLICATION ~~ ~~~ ~tat~, 1'ieasr tt~t or t~ritit the fulluwiriiJ into2Triatian: ~ ~ ~ ~~~~ '1. Last Naxzle: ~r CC!?S ~l2_ Nan c f~~~„~~2- j __.__ ~~. E~~ ', :'. Hone Addre s~ ~. CiCy St tc dip C:odc ~.~.~.~.,,. ~. Lt•g~.l ReSSCIencC: f~1LS~' JCate ~.1~ { 47Cj.G' =1. Principal Bu{in'ess Address: G.;ic~7 State Zip Cock S. 1'-Iume Phone: $usiness Phone: t=; :.Lail ,Addte.ss: Cell Phone: p~i~; ~~. Lj>a1tc <~~ Birth ~lre 1~ou a re~isccretl vt~tcr:' if so, wjhere are ~TOU registered' f" ~j ~ ~ ,1"C.5 ~t (1> I c~~.~ L~. ~~l3at C7arC~{S) r'1I~ \'ULI1i1LEtESCECI in Se`s~`Srxv? I'1caSe Lx±:t xa. csrcler r7t Iarc.}_P.reriCC: l 9. List all l;i~y Fic:7arc15 can which. yC~tx azc currentl}~ te.rtring of have prct~iausly scaiTcd: (Plcasc include d.3tes} 1Ct. Eclutati,:>na1 y3aaliticacicr:xs: 1 t. S.i~r :snt~ relrxtecl l•Sr<_>fcssi~~n~i.l cerzi~`irativns anti licenses lvhich you hold: l'. {=,lve y°oul pl~eSelzt, car most reCenC emplc>S~e[, at~d i3C>Sit1C>21: j J f ~ J ~~ JJ / ~,/~~j r G~t~r_rTTt''LL:Gt~ (i2~f:C.!?'dG~:d f~"f( f '-~.r~ f r~~ ~~.C-~ ~-j~L!.~--~ l3. rJescribr: e~pcriences, sl~..ills or lLnocvletl~rC whick3 clual~ify yc~u to stn°c on this bo:~rd: ~Picasc. attach a biicf'icsunzcj ~/. r . 7C~ .. ..~.~. ~Gt ~- ~~ ~7 ,~?G1x.~ .G~"7~' ZC.~L(..e./ • ~ .~+. CLv'r 7i`' /5 /1' L hereby icitiL't' that all the. above stacexuenzs are true, axid I a,~xee and uderstas3d that an}~ x3iisstatexx3~nt ref xxxaterial facts ce3Atained ira chic applic.3non niat~ cause foifcin3rc upon nxy part of any a,L+~+aincnient I may recei~•e. >l ~ r~_~I~~~~.ir I~A~ Nt ,tci: This application ti-i]1 remain an Isle in tlzc City Clerk's (~tLice for a period cif: 2 t'e`ars frox~i rlie date it vas subn-uttcd. It ~z~Il be die applicalit's responsibilityT zo ensure that a ctirrtnt apl~licaric:nz is ~:ns f~c. f-. _ r Il l~'ry T "~ IIi:Y : T111:1 T 1 `~ T T TTI'AI ii ~~ i. "'Ti~~°~ C 7.".ST T I L' ~ if:T i i'a I T e i~:V ~~ ~~ ~...~ ~~~ ~_u ~~ (/ ~ C4..r ~,~.' 1z~!~..~f~ f c{.. `1~{`(~-G:~fF~~--~-~ I ~ L..~~1~.~~ J ~~.~.'c..~ I ~ LG!~.*=-~..~ i,~-~ / ~ /r:fJ ~~~~ 1 r .~~~ - -.~ ~~_ ll,~~:,"-~ -ilG1r~'"I~VI,~ :".`''.T~-.1. TTtl~a~?t=;T~i; -[,.3i=~~~~T ~' ~ ~,~:;t~ 1 ~l ; - T-~~,t~t C)EIEtAY BEAChI 4 f! k 1 U A ~~'' ~M '~ ~ ~~~`~~'~ CITY OF DEI.RAY BEACH ~ BClARD MEMBER APPLICATICyN ~~~ ~~~~ Please type or print the followine information: ~~ t ~ 1. L t ame: N e M.I. 2. Home Address: r~f ity State Zip Code 3, egal Residence: City State Zip Code ~, 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: ,.., E-Mail Address: ~,. Cell Phone ~~ ~3 Fax: ~ r~S-b.~ ~ 6, I}ate of Birth ~~ 7, Are you a registered voter? If o, where are you registered? ' $. What Board(s) are you interested in serving? Please list in order of eference: 1 t}. List all City Boards on which you are currently searing or have previously served: (Please include dates) 10. Educational qualifications: U. 11. List any related professional certifications and lic uses which yo old: ~ C.. ~ v ~? 12. Give your presen , or most recent employer, and position: 2 Describe experien ,skills or k owled e which ualify you to serve on this board: {Please attach a brief revs e) ~ ~ -~ ( J 1 ^ ~ ~j ]` hereby certify that all the above statements are true, and I agree and understand that y misstatement of material facts contained in this applicatio ay cause forfeiture upon my part of any appointment I may receive. SIGNATUR>/ i~l ~ ~- ~~ Note: This application will remain on ftle 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. lx~aCe~,~ 1,~~ r~. ~1~cr~ ~-e~~-~ze-~s a-v~ ~ ~,~ o ~~~--P-~-~ cu,~ ~ `~-~c-~ Cow ,r ~ ' DEFRAY BEAChf o ~ a ~~~ '~ ~~ i C17'Y t'aF DELRAY BEACH ~ BOARD MEMBER APPLICATION 1993 2~U1 Please or riot the followin information: ill-,IUS L Last Name: ..~~~+~' 1J E'at', Natner,~,~ /'7"T~" ,L ,.~ I. /3 2. Home Address: y-~,- City State Zi Code 3. Legal Residence: City State Zip Cade 4, Principal Business Address: City State Zip Code 5. Home Phone: .Z ?vr --.3o.rr' Business Phone: E-Mail Address: r,o6t» 9'9~ ~r~rrsG,y-,yc,~-~, rsrE".~" Cell Phone: !e'li 7"/.~ 'Ya Fax: ~,sf'•..x'..%M y'G 6. 1=}ate of Birth 7. Are you a registered voter? If so, where are you registered? $. What Boards} are you interested in serving? Please list in order of preference, q. List all City Boards on which you are currendy serving or have previously served: (Please include dates} l t}. Educational qualifications: ~c9'.4G,ryfr"'G•G*~-S s ,r`~j.~4 S f"~'.G .5 ,G~ ~ t3-!L'E S' 11. List any related professional certifications and licenses which you hold: E/tl.L~'J.rGCT/4' o~'~ /tl' T"«„~' ,G., i°A° 4.~`,~.SS 1 e7.~'~ G. 12. Give your present, or most recent employer, and position: ~,¢,~; ~%e ~'~,,~ -~- ,~-,r~,rv~.t~ .+'E~' ~'rt/'1-~/i+GG+r'w'n'JG~tp'T*r~G Gt`r.~v.~"u'~..Tr'r~s'G-~ i"..+tnC•+~l 13. Describe e~cperiences, 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 app{{li,,,,,ca~~tion ,myay~ cause forfeiture upon my part of any appaintrnent I may receive. M SIGI'+TATCIRE ~ ,OATS Note: This application will remain on file in the City Clerk's C-ffce for a period of 2 years from the date it was submitted, It vrill be the applicant's responsibility to ensure that a current application is on file. r " ~ s ~M' ~~IA~ICATIONS FO ME ~RSHIP CtN HISTORIC PRESERVATION BO,A~,E~D, I moved to Delray Beach because of the Historic Districts surrounding Downtown, and have lived here for over 30 years. I was fortunate to be here during the "1st Decade of Excellence" when the momentum for revitalization was exceedingly strong and well-supported, and 1 have had the pleasure of working as a volun#eer for numerous City events and fund-raisers over the years, especially the "Pineapple Grave Mains#reet Program" in its infancy, and the Chr`~s#mas free. I owned and operated an environmental consulting firm in Delray Beach for over 25 years, during which time I completed numerous environmental restoration projects in Delray - includ`+ng "vllakodahatchee Wetlands" and "'Green Cay Wetlands t,'Winsberg Farms}" water reclamation projects west of town. Having admired and teamed about the distinctive types of architecture in and around the Downtown area, I began purchasing historic homes and restoring them, including one on Banker`s Row. i now live in a fully restored 1926 Mediterranean Revival home in a Historic Neighborhood. There are so many third and fourth generation Delray citizens still living here, and it really creates a strong sense of community. For them, preserving their unique heritage is extremely important and 1 feel that i can appreciate this. HISTORIC PRESERVATION BOARD EXHIBIT "A" Applicants with experience in the professions required: James Borsos Planner (also applying for the Planning & Zoning Board & Site Plan Review & Appearance Board) Ronald Brito General Contractor-President (also applying for the Planning & Zoning Board & Site Plan Review & Appearance Board) Jan Kucera-Winney Real Estate/Business President/Service Manager Pearl Markfield-Elrod Real Estate (also applying for the Planning & Zoning Board & Site Plan Review & Appearance Board) Dale Miller Interior Designer-President Rhonda Sexton Business Owner-Interior Design Jeffrey Silberstein Self-employed Architect - Owns a business in a Historic District Applicants interested in being a Lawerson: Joe Farkas Finance-Manager (also applying for the Planning & Zoning Board) Gerald Franciosa Retired/L,aw Enforcement (also applying for the Site Plan Review & Appearance Board) Philip Friedman Retired Financial Aid Assistant Director (currently serving on the Nuisance Abatement Board) Gregory I.aManna District Aide JoAnn Peart Self-employed Incumbent Mel Pollack Security-Director (also applying for the Planning & Zoning Board & Site Plan Review & Appearance Board; currently serving on the Board of Adjustment) Karen Preston Business Instructor/Historical Society Executive Director Samuel Resnick Retired-Code EnforcementlEngineer (also applying for the Site Plan Review & Appearance Board) HISTORIC PRESERVATION BOARD 03/07 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31/2008 Roger Cope Architect Office: 274-6706 Unexp Appt 11/21/06 1005 Ingraham Avenue Home: 274-7188 Delray Beach, FL 33483 Cell: 789-3791 i co a bellsouth.net 08/31 /2008 Linda Lake, Vice Chair Realtor Office: 278-5570 Appt 08/03/04 1111 Thomas Street Home: 272-1898 Reappt08/15/06 Delray Beach, FL 33483 Fax: 278-9533 08/31/2007 John E. Miller, Jr., Chair Sales Manager Home: 865-9483 Appt 07/22/03 1502 Fenton Drive Office: 954-379-5457 Reappt os/16/05 Delray Beach, FL 33445 Cell: 561 632-9547 Fax: 954 379-5445 08/31/2008 Keith Snider Architect Home: 954-698-6615 Unexp Appt 03/05/07 S&D Architecture Office: 330-9511 138 N. Swinton Avenue Cell: 843-7161 Delray Beach, FL 33444 Fax: 330-9513 08/31 /2008 Toni Del Fiandra Accounting/ Home: 272-3766 Appt 09/19/06 14 N. Dixie Blvd. Booking Office: 274-6227 Delra Beach, FL 33444 Cell: 441-5527 08/31 /2007 Kim French Advertising Home: 278-2074 Unexp Appt tt/2~/OG 144 NW 3`d Avenue Office: 688-2880 Delray Beach, FL 33444 Cell: 315-8547 Fax: 688-2780 08/31 /2007 JoAnn Peart Self employed Office: 272-1400 Appt OS/1G/OS 107 NW 9`'' Street Home: 276-8968 Deka Beach, FL 33444 Fax: 276-6709 Contact: Denise Valek X 7041 S/City Clerk/Board 07/Historic Preservation Board r ...y l.lF _`-'t'~ _ -. _~ !~~ r.!v _!!1 _1 ~ 1 U( Lrii i1'Lf~.fl1LL 00/11/O7 if'0~1 00:16 FAa b0124~JT7~ CITY C1BRi ~~a f • ,~~ aooi ~ ~~~ ~ ~~~ ~'~,, ,~ 1p~1 CITY OIL DELRAY REACH ~~~~' 1 BOARD MEMBER APPLICATION `~~ ~~.~ G t r n -~-- 1. 1BSt Name: (~ O R S O S U Nance ~ f} ~vt L S ~ . L~ 2 Namel~ddeess:2 3 ~ uE Z/ sT SjeE~'T Gity~~Ll2A~ BCA.cIt Stara r ~- ? Code ~~fY'f'/ 3 I~1 ~~; 5 ~t-M C C;cy Scott Z.>p Code 4_ Principal Raciness Address: 3aoo ~~uexchc. ~r,.~ City vwo~~Hi~L Seatc I~ Zip Code 3~3/ 9 5. Houu Phofle: gGl-9o`-1wY9 Bussatse Phone: ~'1S'Y-730-3069 $-Mail Address: -r~bocSofe~°~'~~~i Cdl Phoac aG/-gcb-7tly Faz 9SY-~f.-2~9J G. Date of Birth -1y-sG 7. Are y~ a regiatcsed voter' If so, a+hsxe ate you c~scered? Ar n 8 e~+c/f fat. 11 u ~¢ c N 0 /~ T ~~` ~.vi S t5 6o N. Sw:~~•~ ~~c 8. Wbat Boasd(s) nee you int~ted m saving? Phase list in order of prefecmcc SP~eaB / NrTw+ a,.1Ne~- ` R~0 ~STit~G ~QiS w,rlfir+ ~3o~D 9. Iiat all City da oa avblch y°u are ~vaanr2y sewing oe haRe ps+evioualy setae (Prase aulorle dais) ~ ~k 10. ~tirmal quall.Hcadoas~ A ~ '~C 4 On+) N ~ c ~- ~ ~ 33Ar rLO+t. OFA~cT r--~v1~C~1~ii~.~' 1 i. Iist any related pmfcssional cero~icadoas and 1icr~aca ~hir~ you hold: ' s s F sf ~ lg,,,PFc ~ ~c0~ 12 Gave gout present, or moot reacat ~ploper, nad position: o L ,s •+ 34 13_ Deerlbe e:perienoes, ala'IIs ac lwowledge avhid~ qualify you ao ae~e on thin hoard: {Plmaae amch s bcuf resvmc) O ~ F Iq~~i.v6- P Q~GNCCr C't ~ D ~- A AC1+ ~ F~7~ t A'+~ 1 hereby certify that all the aba4~ snaemens are true, and 1 agrae and vt+desatand chat nay aiissntemmt of aurte~sl Frets coataiaad is this applimtioa map muse forfaicuee upon my pact of any appaacrme~ant I mry rea~a ~~~~'a ~ SIGN ~'~ Noce. This spplicstlon avill remain on file is the C;uy (~k"s Vt11oe trn a pesos of ~ years team tre aatc rt vas aubtaitted_ It w~71 be the applicant's seepoustbility to cnsurc that z current sppticxtion u as films. U~!/ 1=~( ~!rt~f _ _..l i.iV_ t._ _ __ J1 .l I 1 Ur LrUJl'CR.fIl LL riti']G !~_i JaaDa E. Becwy MBA, AICP 23! Northast 21" Street (S6I) 907449 De1ny Beach, Florida 3344 jimboreos~bot®ail.com ~~~^w AICP -Certified Planner with over 10 years Florida experience.. Florida Building Code, landscape, site plan review and property inspections.. _ Private planning, municipal zoning and eminent domain, Mixed use, residential, commercial, petits and industrial developments... Development Review Committee member, Community Appearance Board member, Technical Advisory Committee member, Planning 8t Zoning Board and Ciry Commission presentetion4 EdMCa~'on Nova University; Doctoral of Business/Public Administration studies, l 990 Master of Business Administration (MHA) Tennessee State University, 1983 Bachelor of Arts Communication; Bowling Green State University, l 978 Florida comprehensive planning and growth management legislation ltnowledge ~Al1I F..~D~R~CA4Y 2005 -Presort City of Lauderhill, Florida ' Entire city-wide site plan and site plan modification reviews ' Experience includes over 830 new residential units in 2 year period • 110-acre Central Broward Regional Park and City park site plans Mixed use review, building permits, and all occupational licenses 2003 - 2005 City of Delray Beach, Florida Site planner reviewing primarily site plan modifications for urban residential projects and downtown restaurant conversions * Historic preservation planning exposure • Architecture, landscaping end parking 1999 - 2003 Land Design South, West Palm Beach, Florida . • Eminent domain land planning emphasis for the FDOT: ' State Road 7 from the Dade-Broward County line to Davie * US 1 (SR-5} in St. Lucie County ' Land Development Code writing far small municipalities 1997 -1999 Land Research Management, West Palm Beach, Florida ' Comprehensive plan amendments application preparation '' Re-zoning application preparation • Commercial land needs marital studies in Palm Beach County 1982 -1997 CareerPro, Boca Rayon, Florida National Operations Manager, $1 S million service company * 500-office nationwide resume writing and personnel service • Nationwide leading sales executive management Professio~al.A~s~igt o~ American Institute of Certified Planners (AICP) American Planning Association Florida Chapter of the American Planning Association Palm Beach Planning Congress (Past Board Member) Florida Planning and Zoning Association ~ n .gym ', I n~~; ~".~~ I ._, _~~~~~~ , - - . ~ . _ . ~~+,, ~,~r~, ~,: 1 ,!'}9" I C-, :-, t _ v. ~ 1_rvo nLL vo: a4 r!L1 ~olG;JJI (~ t;1~1Y l.~l~f(11 ~DO~ u~w.YeE,~.cH REG~~v~~ t ~+~- ~~~ 1 ~ 2006 CITY OF DELRAY 6EACN t~~~ ® BOARD MEMBER APPL.ICAT~ G 1993 2U0'1 Please tVDe Or Dart the fOIIA@1nv 7nFnrm~.inn- / ~~ /J~-~c 1. last Name: L.~ Name V V bi. 2. ~. Home Address: City State Zip Code 3, Legal Residence: City State Zip Code Sa rn ~ ~. Principal Business Addz~s= City Stare Lip Code ZSSq ulebb eve ~~ Delray B~- c~ 1 r~ 33~~~C 5. Home Phone: Business, Phone: E-A+Iail Address: Cell Phone: Fag: 5l~r- 73~- 88Zg ~l-Z'79-03~r ec~worJ~ ®c1,ot. s~i•35o -076 h. Dau of Birth ~~ - t7 q - 033 7. Arc you 3 registered vozet? If so, v~herr arc you rc~istercd? a - Z - 4 ev yes ~$o~yn+0•-~ 8eli. eJ._ , F-~ 6, Wt-at Board(s) are you interested in scr«ing? Pjeasc lut in order of preference: h (S-b r i c. ~ ~ ~/'eSC~' Ju.. +t'o~ ~oa Y oC. 9. list all Cig* Boards on which you are currrnrjy scrviag of have preciously servrd (Please includt daces} C r Boar a I - o0o Zoo ~ 10. Lduatioml qualificnaons: i r ~ ] ]. List any related professional certifications aad license, which }roir hold C[~G-o~~3ro Flor~d,4 38 9 ~ Ceti; rn;~ of 3°!2 U-5 . t/~r t,,.ls /Qll ~ 4th e. C-7gN ova.. Con.'+'1""sC.G'~ ~ l ~~e hsc s 12. C>iv~ your present, or most recent cmploycx. and posjaon: r r r r G. rG +e t ]3. Describe experiences, stalls or knowledge which 9ualify rou r~~ serve on this board: (Plczse attach a beef revmc)) ~ r r G Y.~G ro u n d n h C erG 1 Q} and res%d er-+,' a - D+d ~, ~ re5-1n~Q+,lo.-- o ~ Sahd o way t.Ja.}-v r ~ Ce ~,.}.c r us Ya~lo~s re5-de•,->--'a- ~Cs+or-~~~on5 I ereby certify that all the above sratemen ~e true, and I agtae and uud~tstand char any missr2trlncpt of mztetlal facts contained in this applicarion y cause feiture upon ~y p,rt of any 2ppoinmienc I ma receire_ ~-- 7 7 ~ ~ SIGNATVRfi DA-~ f^y~ L V V Ll._ ^ ! l1J .Lt,~,u~auvu wlll ~«• ~-~lll vu rue lII rrie ~.lly uerx"S vmce tar a penod at L yea=s ttom the date it was submitted. h ~n11 be tht applieaAi's tesponslbilitp to ensure that a current application. is on 61e. RON BRITO, GENERAL CONTRACTOR I98 S.E. 27'h Avenue Boynton Beach, Florida (561) 44I-1767 WORK HIS'TOR Y: 1965 -1979 Fourteen years as a framing and finish carpenter in Riverside, San Bernardino and Laguna Beach, California. Production framing on several multi family complexes, housing tracts, and high quality custom finish work Seven years as Carpenter, tivu yours ar Leadman, five years as Foreman on new residential and commercial projects, as well as renovation,c and remodeling 1979 -1983 LICENSED BUILDING CONTRACTOR /CALIFORNIA Lic. B-388997 Spent five years subconh•acting and running framing, siding, trussing, floor foisting, and stair installation on multi family complexes from large contractors. During this time, I contracted new single-family homes, additives, remodeling, commercial roofrng, and cvmmercial tenant improvements. 1983 - 1985 Job Superintendent on custom housing in the Nashville, Tennessee urea for one year. Subcontracting framing, trussing, and siding jobs_for the next two years. 1986 -1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lie. CGC-047369 Worked at "The Township " as Punch-Out Foreman for one year. Worked for David Jones Construction at Gleneagles, Polo Club ns Lead Carpenter and Foreman for one year on 32 eight Alex wood frame multi family units. Worked for Davis Brothers as Superintendent on Brighton Laker irz Boynton Beach, building 36 tivood frame duplexes. Constructed custom housing from Marzalapan to .St. Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989 -1991 LICENSED GENERAL CONTRACTOR/U.S. ffIRGINISLANDS Lic. 2-01392-92 Traveled to St. Croix after Hurricane Hugo.for S days to bring sarpplies and help restore power and water to units of condomi-ziizms for a friend. Agreed to come back to restore hvo houses. Restored fourteen residences, h+~o commercial buildings and six rental wzits. Also completed work in St. Thomas and St John on custom homes. Acquired General Contractor's License in fhe I~irgin Islands in February 1990. Retur»ed to Florida in July of 1991 and began ne-+~ additions and remodeling projects. After Hurricane Andrew, I opened a .field office in Miami for restoration work My Miami o_ffce completed 16 residential restorations and about 32 ruufirzg projects. R ON BRI TO, GENERAL CONTRACTOR Page 2 1992 - l 993 Was asked to take over operations o_f Falkav Construction as General Mgr_ and to qualify the company. Falkav Construction was, at that time, under con[ruct with the City of Delray Beach for the new Tennis Center (ZS million-dollar contract) and was engaged in .school projects for districts .from Lake Worth to Miami-Dade County. Although, after a thorough research, I decided not to qualify Falkav, I brought the Delray Tennis Center to substantial completion in time,for the Virginia Slim Tournament, and ull of the school jobs were irr line. 1994 -present Orvrzer and President, Enterprise Contractors, Inc. Enterprise has completed many local residential and commercial projects since it 's inception, including new construction, additions, reneodeling mzd historical renovations (such as the Sando-nay House Nature Center in Delray Reach). In August 1995, I was• appointed to the Construction Board of Appeals in Delray Beaci:, acrd I was the Board's Director- for u 2 year ierm_ I'm still serving on the Board for 2003 to 20(h PERSONAL HISTORY: I am 57 years old married and have foztr children. I have two years of college, majoring in Business Management. I am un active member of my church (SDA), where I hm~e been a Deacon for 1-1 years and um currently cr Sabhath schoo! teacher_for young adults. 1 also sit on the Church's Building Committee. 1 own a Izome in Boynton Beach, where my family has lived for 19 years, and 1 am a member of the Architectural Review Board for ll7e Vernon Heights Property Owners' Association. I am also a IS year »-ember of A.A. arzd am active on several committees. Tennis, surfing and jogging are my favorite pastimes. UtLKAY lStAl H ~ . ~ ~~ 1993 2001 ~~~~ll CITY AF n~~ Qev Q~e~-u BOARD MEMBER Please type or print the following iufoanation: APPLICATI N~ 1~~f 2001 ~~. ~~31 Uq 1. Last Name: Farkas First Name Joe M- I. 2. Home Address: 767 NW 37"' Ave Delray Beach State FL Zip Code 33445 3. Legal Residence: Same as Home Address City State Zip Code 4. Principal Business Address: 4920 DU. Atlantic Avc. Ciry Delray Beach Fl 7rip Code 33445 5. Home Phone: 561 499 4578 Business Phone: 561 495 2770 E-Mail Address: ifarkas~i~peninsulahank Cell Phone: 561 271 7651 Fay: 561 495 9844 .tom 6. Date cif Birth 1- 25- l 960 7. Are you a registered voter? Yes If so, where are you registered? Palm Beach County S_ t'Vhat Boatel(s) arz you intrtested in saving? Please list in order of preference: CItA, Historic, Community Growth. 9. List all City Boards on which you are c~lacntly serving or have previously served: (Please utclude dates) 10. Lantana Chamber of Commerce Board member since 2006, Member since 2005. 11. 12. F,.ducational qualifications. flachelor of Business Adrrurustration 13_ List any related professional certifications and licenses which you hold: Series 7 Insurance T_icense 14. Gire your present, or most recent employer, and position: Peninsula Banl~ Assitanr vice President S. Describe experiences, shills or knowledge tvlich qualify you to serve on rhi; board: (Please attach a brief resume) A passion for getting people into Homes, maum.~.ining the histonrAl integrity of the community and seeing this great City thrive.. Working in finanaal ser~*ices for 22 years I know the unporrance of 6sca1 responsibility and planning to make certain of that success. My various positions have given me the opportunity to work with different people. in out community from all soao-economic levels and I thrive on this diversi I hereby certify that all the above statements are true, and I agree and understand that any raisstatemcnt of material Facts contained in this applica~on may cause forfeiture upon my part of any appointment I map receive- DATE 7-31.-07 sapplication will remain on file in the City Clerk's Office for a period of 2 yeas from the date it was submitted- It will he die applicant's responsibility to ensure that a current application is on file. TnTAL P. ~_~ May-16-D5 05:19pm From-WA5HINGTON MUTUAL +5616898506 T-18Z P.03/03 F-809 JaIE J. PARKAS 7 37 Northwest 37th Avenue Delray Beach, Florida 33445 (561) 499-4;78 Cell: (561) 271-7651 OBJECTIVE :seeking Management position with growth oriented organization where my skills and Experience can be utilized- SUMMARY OF QUALIFICATIONS Professional offering exceptional manaclerial, organizational and motivational experience in finance industry Proficient in coordination and irnplementatic~n of multi task responsibilities • Excellent communic.3tion and public relation skills with strong emphasis on customer satisfaction • TOSSeSS nlgh worK etnlC with versdulity ell~l Nclacveralzcc • Experience in trainine. and motivating sales and service representatives • Continuously exceed:~ goals ~~ Productive in effective; time management to ensure schedules are met ~• Effective team player and proven troublesh~~oter EXPERIENCE 11/00 -Present '~11ASHINGTON MUTUP.L BANK, West Palm Beach:. Florida .,asst. Vice President / ~~inancia/ Center Manager Hire, train and motivate staff of 15 to become effective bankers ~- Attained mortgage and consumer loan grotivth of 125% to 175% ~- Develop and maintai{~ positive business relationships and community contacts ~- Realized 100% goal ~3ttainment for the pass: four years 11192 - 11!00 ,~MTRUST BANK, Boc~~ Raton, Florida ~oan Officer (3/97 - 1 1100) - Processed loans fror~i origination to closing • Produced $19 million in mortgages during ~~ne 12-month period - Underwrote and approved authority for equity loans up to $250-000 Stanch Manager (619 3 - 3197) - Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) Provided high customer service levels emphasizing problem resolution and staff development Loan Oi~cer (1'1/92 - 6193) - Solicited builders, developers and realtors to originate loans - Generated $15 million in mortgage from 1~:/92 to 6193 4/85 - 10192 CALIFORNIA FEDERAL SAVINGS 8~ LOAN Branch Manager - Created customer a~Nareness by developing and implementing marketing programs and soliciting outside) business - Branch consistently :achieved over 100% ct produciiDn goals Ra~hF!Inr e~f Bugine3ss Administration DEtRAY BEACH . a o M-Al~xlca f 1993 2001 ~L~~~~~~ CITY OF DELRAY BEACH ~ ~~ ~, 2006 BOARD MEMBER APPLICATI~'W ~~~ C13°~ ~~' Please a or rint the followin information: 1/ o~ ~ ~ 1. Last Name: ~ Ltd ~' Name / ~,/ ~, ~-!G( M. L 2. Home Address: ~ ~~ ~~ City ~~~ Sta~G ~m -- -- Zip Cod 3. Legal Residence: City St t e Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: ~~`a~o Business Phone: E-Mail Address: ,~~asA ~ Cell Ph e: ~~~~ ~~ t .coM Fax: -- Z6 ~ ~/ 6. JDate of Birth C Q 7. Are you a registered voter? f so, where are you registered? %'c~ 8. What Board(s) are you inte sted in servin ?Please list in order of preferenc C VD~ ~ ivt=oR~~~tze~/7' ~ ufi,~ 9~'~ ~• d- ~1s%ct~21~ ~ ~ / ,L 'Y LTG ~~/l~-~ i~ ~rf ~' ® ~ G `~' S ice- R'~4n/ t~~ i. List all City Boards on which y u are curr y serving or have previously served: (Please include dates) 10. Educational qualifications: ~, N~ 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: `%/~~s~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) r' ~ ~,~ ~f~-h: ~~ I her erti that all the above statements are true, and I agree and understand that an 'ss ement of ma 'al facts con ed ' application may cause forfeiture upon my part of any appointmen~lI may receive. /~/~~UF~'r~, DATE _. ~~ % Cxfis 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. F~'UI 1 ~=REF-'..HI I FH:~: t ICi. ~:r~Lr,~,t=i ~ -~r~ =ep. 1_ _~=u~~ lei: 31t~h1 F" Gerald Peter Fi-anciosa 939 Eve Street Delray Beach, FL 33483 Home phone numller: 561-266-0608 Cell number: 561.-716-7355 Faa number: 561-266-0746 )rmail_frauciosg4delray(cc,>aol.com (~~!xun?~~aol,con~ QC~ALIFiC'ATIONS: Uver 35 years of investigative experience. SEQLT.ENCE OF EMPLOYMENT 19G5-2000 FALL 1965 !MARCH 1970-Licensed Private Investigator, City of New York, self-employed licensed private investigator also licensed to carry a firearm. _MARCH 1.97(1-JULY 1973-t1.S_ Customs Agent, assigned to the L1.5. Customs New York City office. JULY 1.973-JAN [TARP 1998-Special Agent with the Drug Enforcement Administration, with special assignments to US State Department. JANLTARY1998-JULY 2000-Private Investi ator- Self employed Florida/New York licensed private investigator working on a myriad of investigations. .TLTLY ZUOI-FULLY RETIED SYNQl~ SIS: I graduated college and received a degree in accounting and economics. I was hired in ] 970 ris a special agent of the U.S. Customs Bareaa, .Department of the 'treasury. During my tenure xc a Customs agent I conducted a myriad of investigations ranging from backgruund investigations, Customs fraud, smuggling, internal iuvecti~ations of Customs employees and narcotic investigations_ iwas also involved in training new personnel. Lr July 1973, a Presidential decreed established the Urug Enforcement Atimintstration (DEA} to combat organized crime ~tnd narcotic trafficw,ing_ I was at FF'01.1 GEF'-=,HI 1 FH:<: I lp. ~r,l-r,r,t~ ~ -}r~ _ =p. L= _t_tCi~ 1~1: _`Hf9 F-3 that time laterally transferred frotn the U.S. Customs Bureau to the Drug Enforcement Administration, which was part of the Department of .lustice, as a special agent. I remained offici:tl.ly with DEA until my retirement in 1998. lluring my tenure, I conducted mayor investigations into criminal enterprises involving organized crime, high profile narcotic violators, money laundering, and fraud. I also conducted internal, background, and asset forfeiture investigations. I wa involved with the training of several foreign police agencies in areas of investigative techniques, interrogations, firearms training, use of force and estahlihing police policy consistent with their foreign government laws and regulations. :~N'~~RDS I have received over 44 awards dtiriug my career from various l1S )federal agencies, including the 1983 Attorney Generals Award for distinguished service_ I have received over 30 awrirds from foreign government agencies and over 25 awards from various State agencies. AREAS OF 5ERVIC'E T served the United .States Government as follows: 1974-1984 New York as a special xtnent, 1984-1.988 Roo><e, Italy as au assistant Country Attache, 1988-1992 at Boaton, MA. as x supervisory special agent, 1992-1997 Rt Curacao, Netherlands Antilles as a Country Attache, 1998-retirement at the DEA Headquarters, Washington D.C_ INVESTIGATIVE 1'RAl_ NllVG: During my investigative career with the Federal Government, 1 received namerous training in investigative. procedures. i attended the .Department of the Treasury, law enforcement training facility in Washington, D_C. and the Department of .Iustice Special Agent law enforcement training facility at the Marine base in Quantico, ~%irginia. 1. also received ~>tumerous other investigative training during my Federal Law Enforcement career. EDIiCA"1'IUN: I received a degree from the City College of New York, majoring in accounting and economics. - BIOGRAPHICAL DATA: DPOB: October 25, 1943, Bronx, New Yo; k I have resided in Delray Beach since 1999. I am married to Sandi since 1963; we hzwe three children and two graudchildren_ urllxnr tsrAt..ri ~~/~ ..e... s~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~EC~g~~ - zoo; AUG -.5.2005 Please type or print the following information: r+i-~V r_{ ~ RK 1. awe: ~ /`1 N ~' ~ I. 2. Ho Address: M ~ 2'9" ~ S to Zi Code 3. Legal Residence: ~ ` ,~.-~ ,~ G'v ~_ City State Zip Code ~ 4. Principal Business Address: ~~ ~ City State Zip Code 5. Home Phone: Business Phone: FrMail Address: Cell Phone: Fax: 6_ Ate you a to •stered voter? If so, whe e are o re • t red? e .~ C ~ ~ 7. What oar (s are you - retested in se g? Please list in der of p 2 c__. ~~~w ~ a~ ~ c,~ c even e: ©nJ ~~, ~ ~}~~~~~ 8. list City Boards on ch you are currently serving of h ve p eviously erved (Pleas include dates ~~ ~ ~~~/ 9. Educational ualifications: 10. List any relat d pr f Tonal certifications and li eases w ch you hold ~~~~ ~'JU~ s S v7~t~ S ~ ~C ~'.~>~~ off' S r3- ~~~ - c ~S~ 11. •ve~7pout resen of most recent emp over and posi •on: ~ ~1.). ~ " 1 esarbe •ences, skills or owiedge which qualify you t serve o~n gthispboar • (Please attach a brief res e) 4C eN O~ ~ .2 ~lL tn-~ OZ C.~ ~ RSSDC~~- I hereby certify at all above statements are true, and I agree and understand that any misstatement of material facts contain app • tion may ca forfeiture upon my part of any appointment I ma rec - e. ~"=NATU DATE ?vote: 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. skxncaExx~onxnUeeucw~orr ~ L, ~ t ` ~, ~2, ~ ,v,.~,,,, S~~ ,. ;: _ j; :.. ~~ ~ ~~ f~-~_ _ ~ l\-~~. ,, _ .. ~}~ Ct _ ~~ _:,_ n2 .. _. ~c__~ t! c'~~z ~ Q. N CL_ _~ ~4~ ~ ~- / t ~ a- ~-e v -ems- ~~~ ?~-S - g ~c~-~-e._. /p' I, n n _ _ _... ._ __ _ _ _ 1 r -N .. _ t;~... - _ . jlf `jZ,~-` ~S 1~ Ca l ~ / .. iii tta ~.i= ~,i ~:i YjY i:. DELRAY BEACH ,goo ~ CITY OF DELRAY BEACH RE~EIV~[~ ~ BOARD MEMBER APPLICATIO~-N 7 5 2007 Zoo; i"~Y CLERK Please type or print the following information: ~~rX~~ 1. Last Name: i1 ~ C-~,f'6- - l~-~ n Name ~ M. 2. me Address: Sw~ „~-~;,t ~ ~ c~ Sta Zi Code 3 ~ 3. Legal Residence: ~~~.-- City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: 5~ ~ ~ Fax: 6. ~ ~ Otto of firth 7. Are you a registere voter? f so_, ~Jwhere are you registered? 8. What Board(s) are you inter ted in serving? Please list in order of preference: ~ ~-~ ~ ~ u.~ t << Art- ;~,, ~3 ~.~e ~ ~ ~ ~ Sc-~r~~ ~rer~~.- ~c ~~~ ). List all City Boards on which you are currently serving or have previously served: (Please include dates Yl~~ 10. Educational qualifi_cac~nons: G~ ~.-~QC~ Cam- .,, °„ - cam., wv'~ ~ ~ ~-+'' 11j List any related professional certifications and licensers whi you hold: 1 Give your present, or most recent employer, and position: T ~-vt.Qs ~ ~~ c C~-t- ~j.~,`c2.t...~-- ~ S-~I~ vzc~ l~~n~ ~~ .-~ LJ C~1~--LC`1~ $-cr 13. Describe experiences, skills or knowledge which qualify $you to serve on this board: (Please attach a brief re e} Cam- tK.l'CccS f-o~.~Gl1~~ ~1.~-/t l~ ~-~-4r ck 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. ~a TuxE ~' 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. ln'/ 6/~u L i /_ . DELRAY BEACH ~i b ~ CITY OF DELRAY BEACH ~ ~~ a~ ~ r `_ BOARD MEMBER APPLICATI~~IGE.IVED ?oo~ 2006 NOV 7 $ Please a or print the following information: ~ , -,rv ~• 1 ~ R~ 1. Last Name:. Name ^ Y ~ M. i~ 2. Home Address: 3 sa ~o ~ s ~ ~~~ v -~ City 1~. I ~ l ~. ~~-, State 1`-' Zip Code 3~ ~ S 3. Legal Residence: Cj~4~l C City State Zip Code 4. Principal Business Address: ~J~t-~c City State Zip Code 5. Home Phone: 5~ t ~-F gS - ~~ ~ a 3 Business Phone: 5~ 1- ~y ~ • J'1 ~ 3 /E-Ma//il Address: ~7rL WO!l ~Q ~(~!.vL~ ~i,~ , Cell Phone: Sia l y-~l l p4 Fag: s~ l ~ t S~ sE ~ 6. Date of Birth vZ~ -~~3 7. Are you a registered voter. If so, where are you registered? C S ~it ~~ ~?e.t~ Co+~~ 8. What Board(s) are yo~resteJd in serving? Please list in rder of preferenc 9. Lis all ~ Boards on which you are currently serving or have previously served: {Please include dates) 1 u q fications: O~ ~t.Ca~ c e v~~ ~ ~r'~~ ~t 0 ~ ~~f vr~ ~ ri ,~ 11. List any related professional certifications and licenses which you hold: ~O(~P~ 12. Give your pres nt, or most recent mployer, and ppos'tion: i S~ Y l (,' ~ ~ ~ '~ 13. Describe experiences, slfllls 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 appli 'on may cause forfeiture upon my part of any appointment I may receive. . / ~_ . S1 ~ ATURE i~A'r'R. l b~ Vi 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. 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-to-day 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 15`~ circuit • Guardian Ad Litem for the 15~ circuit • New Member of the Delray Beach Chamber of Commerce • Phi Gamma Delta Fraternity 08/05%OS R'ED 14:33 FA?C 5812433774 CITF CLERK p i~00. Y 6EAG~ ~C ~~ DHRA D LRAM BEACH ~~~. ~' ~'~C~ ~ j ctT~r of 1E BOARD MEMBER APPL-~CAT~ON ABC, ~ !z 2005 ~ _ 1993 ~ E s =i ~,~ 2001 C/>~ ~iSTI -Plnsc t oc tint the followi 1. Last Name: ~~ .A~l~- 3. csidenc~ ~~ y~ `~ ~ .4. Priflctpal Business Address: ~ ~ ~~/~~ ~ 5. Horne Phone_ Business Phone: jyI4I:i ~ 6 ~ ~%j ~ 1 ~ .~6I y'~ ~ 7 ~ ~~ ~ u. ~,. Name ~.1~ G ~~~ City _ • M'L G /~ ~~ ~ ~ Sr~.~ Zip_Code =~ ~. ~ ~ i State Zip Code Cit. State Zip Code Adylress Cell Phone FzA. i~ /Cj - L L~ ~ ' If so, whet;e uc you. tegistcrcd~ ~ ~ ~ ^ / G_ 1°ue you a Zeg~stered voter. ~ ~ F. ~ ~ ~ : J ` ~_ ~ 7 VJhzt 136frsd s ue o tctatcd is setvingi' Please list in rder prefetrncc ~ .~- ~ 1 ~ r2 / L 5 $. List all City Bmtds on which you arc cutrcndy serving or have Previously served (Please include dates) 10. List any Leland pro 11. Give yonL presart~, .~~o° tl ctstific~tions ~d ficenscs which you hol.d~ L ~ l f '-' / ~--'i 'l~) ~ ~~ ~-~-~ 7-r~ 2-- ou t serve ti~u l (Plc>rv'c~~ctacb a brief esvme) 12 D~~-b ~ ~ences sldlLs o o Wbich ~ ~~ i ~ . ~J~ (, /T12s ~ ~c~ ~. ~~ ~_ z ~~ ~ L ,~.~~' ~ ' S z~~ ~L' /L' ~L ~.~ ~ 1/ 1 fU Y7 c~-Y/ % CG ~i~/'lJ ~/~' Y t' /C Z -S ~/ ~ I hereby, tify that all kite above stztemeats arc true, artd L agree and uLtderstaad that say misstatestcat of matcnal fac6 ' P - tioa cusp use forf lure upon my Patti of ao`F a'Pi7Om I `r'aY t~.civ~ CORt~fn_ 10 Lilts ~/ ~/~ .. _ / ~ /~ T~A'IE ~ SIG ATURE Note: "Illis application will remain on file in the=City CIer7~s C}Ebcc for a period of 2 years Etom the date it was submittcd_ It will be the applicant's responsibility Lo ensure drat a ctvscnt application ~ o~o~u~..-~m+ ~: F G ~~ `" h~ vi;'~i ~- ~ ; ~ sl' ..-o - -- ~~' -'-'r RESUME FOR PEARL "BUNNY" l~/IARKF'IELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REALTOR:COLDWELL BANKER REAL ESTATE (22 YEARS } PRESIDENT MERRITT PARK HOME OWNER'S ASSOC 6 YRS BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SW1NW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE_ WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HAVE LIVED IN DELRAY BEACH 8 YEARS AND HAVE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA_ p. c ..., b ,. .... .. ,..._, ., r- DELRAY IS DEVELOPING AS A WIDESPREAD EXAI~LE OF HEALTHY URBAN GROWTH AND I AM HAPPY TO BE HERE TO ENJOY IT! N-~ Fhy Ihl 1~•.+r l rr j t:.'-I L~~S1 9~ i Lit. t-'H~_U It I U_I, `a.l '~'~'~++~1 r~'~± H~_!q. l1-} `t'11~. ~1'a:.~11-99 F-'._; OR%O~iOS THI! 15:17 I'Aii 5G12ds3779 CITI' CLERK 0]002 ,OA.RAT SFA(7i _~ ~, 8- ~ r CITY OF DELRAY BEACH • ~, BQARD MEMBER APPLICATION ~EC~J~,,•~ - I993 200 Please type oz print the folloovin~ infosmation_ AUG -~5 2005 1 _ t.aSL 1V aIIlt_ /~ ~A~ _ . None ~ ~/off - _ 2 HomeAddtess• ~ • ~v~ r~ ~G e-~~ ~ ~ . - Ci~ i ~ r ~ ~~c ,~C S/rare ~ ~ 7.,~ CQ~`~ 4 3 L l R id ~. .l _ ega es ence: = S .? n7 ~ City ~ S.~ ~'1-~ -2. State Zip Co3e P~in~s~' I3us ess Ad,~,.es~- ~ ~~/ n ~ ~~~/ Q,~ Y~~~ .~ ~ _- City ~ S~'1.T~ Z1~ CodG 5. Home P~ '., ~/ mess Phone: 11Mafl Address. CeU. Phone: _ Fay.>`'~ j ~L G_ Arc you a Le:gi~tercd votetz' ~- ~~' If so, whcxe ~c you Zegs[et ~ ~ p 7_ wisnc Bozra(s) are you iuce=esced in sec~irsg? Plc~uc list is ordc[ of pceEcrence: / " / (~~~ CZ _ 8_ List all pity Bozrcis on Which you :ttc auZCntly sceviti~ or haul previously serverL (Please inctade dsus) 9_ Educational gtaallfiG1tiogs: p 10_ List aup telzted roF to cettifi~aons and licenses which ou hQld: i 11. Give pour prescn ar most recent employee, and position: IZ Descabe ezpetlencrs, sldlLQs ~o/f~/kn/o_vrlecl~c wlztch qualifppou to serve oa this bozzd: (i>iose att'ich a btie~tsume) C=am ~~1..(~ ~~l / ~~ ~`.~ ~ ~ T becebp cetn£y that all t}se aboYe statements are true, and I agree and uudersdnd that aap misstatement ofmateeial faces cones ~i , tht: apple o may cause forfeiture upon mp pact oEany appoinm~cnt I map _c~r~eiv~ /1~b9 /// )r _ ~ ~'V - ~~ ~ J ! GNAIURE DATE ' 'T'7 Tote; 'Thu appLcanou Wall =.-+-~~•r+ on. file xa the ~.ity ~Jerl~s (JKiec for a period of 2 yGaLS from rb,e dare it was s~~bmittxl_ It mill be tb? applicwc's respanssb>7.ity to ,~nsuze• that a_ cvzs~it application iy on films s~am~a.measuo~nureuc.~zsox 1 ~. OESIGN,INC.. DALE MILLER A.S.I.D. PRESIDENT ~.~~ - . ~: t>;: CREDENTIALS State of Florida License to Practice Interior Design ID 2413 Vice President: ASID FSC (American Society of Interior Designers) 1996-7 hoard of Directors: ASID FSC (American Society of Interior Designers) Board of Directors: IDAF (Interior Design Association Foundation) 1995-2001 PUBLISHED South Florida Business Journal Nursing Home Magazine Boca Raton Magazine Interior Design Magazine Florida Design Magazine Palm Beach Post Sun Sentinel Orlando Sentinel Los Angeles Times AWARDS AND AFFILIATIONS AWARD: ASID Design Excellence Award 200.0 AWARD: Woman of Distinction: 1996 Soroptimists International AWARD: Junior League Designer Showhouse AWARD: Hospice/A.S.I.D. Designer Showhouse Board of Directors- Children's Miracle Network Immediate Past President: Professionals for the Haven President: Professionals for Children's Charities Vice-President -BUGS Boca Raton Museum of Art EDUCATION Fashion Institute of Technology NCIDQ CERTIFIED: Building and Barrier Free 6971 N. FEDERAL HIGHWAY SUITE 400 BOCA RATON, Fl 33487 561-999-0727 FAX 561-999-0729 IICENSEO 8Y STATE OE FLORIDA INTERIOR DES16N ~IDC0213 ~ELRAY BEACH ~ ~ ~ ~" ~ l.a~mc ~ CITY OF DELRAY BEACH JUG 2 7 2007 BOARD MEMBER APPLICATIO~'•e~` ~~.~~"~'~` 7993 2007 ~f Please type or print the following information. ~'~ 7 -o / 1. Last Name: 1L. A ~' Nam. ~j- 1- ~ f Iomc l~ddrsss: ~ +~ ~~ D Ci - sate Zi Codc 3_ Legal Residence: Cin- State Gip ode 4. Principal Business .•lddrsss: Cih• 5 State lip Cede S. I Iome Phone: o`er] b - 8~9 ~ Business Phone: ~ 7a -/~~~ E-Mail i~ddress: v ahrt ~a ~ Cell Pkions: c.~->'n c~~o~- Fax: ~~o ~ 6. Date of Birth-7~ C~ 7- 11rs you a registers otsr? If so, whers are you registered? ,/~ .~ ~ ~ ~ ~!J C~U~ 8. ~rUha oard(,) are y ~ urterest serving? Please list order oEpref~rence: D 9. List all C ty Bpa ds on w-hi~h you are c tlv serving or have prev~ usly served: (Plc. • include dates v C~ ~ 10. Educational quahficadons: 0. S /' 11. List and" related professional certifications and licenses wl h ~~ou ho1d: 12. Give your prc;NCnt, or most recent •mployer, and osition 13. Describe experiences, skills or knowledge which qualify you to serve on this board: {Please attach a brief resume) Q (cL, I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts n ~ e in this appG atio may cause fo ~e`u-po~n my part of any appointment 1 may receive- N.~TUI2E DATE ii Note: Tlus application will remain on file in the CitS- Clerk's (~tttce for a penod oY "~ years trom the date it was subnutted. It will be the applicant's responsibility to emure that a current application is on file. ~> Z ' d 60L9-9GZ t I9S 1 ezS = T T LO f7~ ~nf ,ToAnn Peal-t 107 N. W. 9th Street Delray Beach, FL 33444 (S61) 276-8968 J UCI1717IJea1-t(CG!C'01T?CC15't.11 E'~ PleSerVatlon • President and other offices of Delray Beach Historical Society • On first conunittee for Old School Square • Co-chair opening of Cason Cottage • Co-chair Cornell Museum Archives at Old School Square • President and one of founders for Del Ida Neighborhood Association and Historic District • On the committee of Neighborhood Associations that worked to have Delray take ownership of Swinton Avenue and declare it a Historic road- Community. Involvement • President and other offices of Trinity Lutheran School and Atlantic High School Parent Teacher Associations • Room Mother Volunteer • Atlantic High School Soccer team mother • Member of Delray fast neighborhood task team • Graduate of Delray Beach's Citizen Police Academy • Lake Ida Citizen Observer Patrol • President currently and held other offices of Lake Ida Property Association • Board Member Sandoway House Nature Center E'd 60L9-9LZ 1T9S1 eES=TT LO 6z ~~C Hug u-r u~ ic: i~r ••~. • ...~~a...~ ---- --- ---- - UaiUgwa TIiU 1Z' ul tM ~~1ZaJO r r a ~i i i ~.-.crta ' w~".,_ OHJt/lY 6EJ.G7 ~ ~~ ~ ~ ~~ ~~~~ ` j CITY OF DEL..RAY BEACH ~~~~~A~~,_, ' , BOARD MEMBER APPLICATION 7993 2007 ~,~~ - k 2005 1 _ I3st Name: , , Name M I. _~ ~ fA- C 2 Homc Address ~3 e o t~ , ~ ,~ r --~ ity ~ ~~ g„Q. Stan - ~ ~ Zi Codc 3 3_ I~gal Rcsidcacc ~ C,ty $tscc Zip Code 6~ w~ ~-~ • .4_ Panap~l Busrncss Addccss- City Stacc - 71p Codc ~ ~ - 5_ I-Iamc Pboac Bu_vncss Phone E-Mail Add=css: Coll Yhouc: ~'u - ~_~-~bta ~_ts ~.I~.s~~ri.- 1 ~-t3_ ~g~ p Xf so. ~b.ccc ~icc cc~is( ctrl? G_ Arc yvu a =tp~sccccd voce? \/~ C~ - . J a. 7_ CY1hsc $oard(s).arc you iacacsccd in zeroing? Pica<.c list in order of ptcEucnc~ 8_ c Ci Bonrds oa ~ic6 arc eurseo ecrviag or have PLCViou_t~o~rvrfd: (Place and do darts) 9. Fducztioculquali6caaoas. ~S . ~co Y. a .,..~. i c1'' ~! ~.,Q ~'ov ~ ~ J ~ ra. ~ ~o ~Qr.l' ' 7 ..,. fist xny zdzted prufcssioa~l ~ficstion6 and liceoscs ~bich you hold I1_ Gcve yvux ptcscr-t, ox mole attar ~Ployet. and positiaa: Drscabc cspcaences, skills or kaowiedgt~dhir~, quzil£y yvu ro se=vr on hmzd_ (Pleas attach a beieE eeszme} ..~'r f ' B~~ E 7' •e.~ Pr s -*-t-, ., .- pro .-• ~t o I hcrcbp cetnfy that all ~c xbovc saocrncaa ate Cnae, and I agtee ,.ad uadQ'staed mar nay inlssattmeac of anacmial Eaca " tntmrnc I msy cecetvc mncaincd ap licaaoa ~a aunt forfucucc upon my parr of sny zppo - - `r ~ ~ 6 0 ~ - - SIG TiJRE DATE - ~.~~1' %,~°,~ ~ Noce Ibis apQ1ic36oa.rill remsin on ble in rbcCictyy ClcslCs OEGu Eoc a pecind of 2 gents fzvm the dice ii~vas submrtced. Ic wi7l•bc the applicants scsponv~bdity to casoie-thRta ~vrtmc apPlioatioca is oa file ~ ~ 2046 ~ CITY OF DLLRAY BEACH~u~ 1 BOARD MEMBER APPLICAT QI ~~~~~ ® ~~Q io ; ~~,-off Please. tvve or vrint the follo~irur infoimauon: 1. Last Name: ~~~ S ~ n Name ~ M. I. 2 Home Address: City t r l State 3 pCFode 3 3. Legal Residence: ~' '' City _ State p Code Zi 33~}~F 4. Principal Business Address: 3 r~. c • ! ~ ~t-- City .3 State r~ Zip Code 33y~ 5. Home Phone- Business Phone: 3- ~S'?7 E-Mail Address: Cell Phone_ Kw 6 ~.al~ o~- osb~- Fag: ~ b. Date of Bi/rch ~" ~~' lfl~ 7. Are you a registered voter? If so, where are you registered? trs $. Wlist Board() ate you interested in serving? Please list in order o£prcference: 5~'D r r r J~ ' 9. List all City Boards on which you a.re currently serving or have preciously served: (Please include date.) lU ucational q ii5 ons: ~ G ~'~ ~~ t![~ Nt~l~fc S ~JSirtCS - r ~ 11. List any related professional certiEtcstions and .llcenscs vcrhich you hold: 12 Give your ptesen oc st recent ern loye and osition: ~f , ~Delra ~ ~ }b+r ~ a1 f - c ' r ~ r 13. Dcscabc ezpctirnces, skills or kaowledge which yuaGfy you to serve „this board: (Pkast attach a baef resume) t I hereby certify thst all the above eta ents are true, cad I agree and understand that any misstat~ient of mated facts o ed in this appli 'on may cause forfeiture upon my part of any appomtmeat I ,nay receive. ~~ - g -0 SIGNATURE DATE. Noce: Phis appfic~tion will remain on file in the Ciry Ckiir's Office for a period of 2 pears from the date it eras submitted. Ic wi0 be the appLcant's responsibility co ensure that a cuQCnt application is on films ~~ ~/~~ DELRAY BEACH i ~ o t o ~,,~, RECIr~vEC~ ~ ~ CITY OF DELRAY BEACH ~l 1 ~ 2006 ® BOARD MEMBER APPLICATION 1993 CITY CLLR 2001 Please tape or print the following information: ~-~~ - © ~ 1. Last Name: ~. C S h t G K- Name S a m ~'~-~ M- I- r--- 2. Home Address: 'l. $ 3 S' S w t ~? u S -~-r-~~-~ City V ~.~ rct ~-ea. State ~ t--• Zip Code ~4-'S' 3. Legal Residence: s a ~ City S 4 vt~t -s- State Zip Code _' 4. Principal Business Address: City State Zip Code 5. Home Phone: 5~l'3~0- $ d~ta Business Phone: Yl~nk.•L E-Mail Address: 'Z $3 5 ~1 ~yalko.. Cell Phone: 56t -2S! - <a7cS~ Fax: -- 6. Date of Birth t2~24~~zo 7. Are you a registered voter? If so, where are you registered? , es pe~Y ~C-d.~. ~.~~~,..~ ~i-19 8. What Board(s) a~rfeyouu interested in serving? Please list in order of reference: A ~1l ~~G ,V~t~St~/J~t~'M Q7t~ Co E,'h '~t ~.~ U~~ /3~Y.a'~ 7 LTA ~ 4.n ~~ ` ¢rl 9.Ln1istall City Boards on which you are currently serving or have previously served: {Please include dates) •7 rd u S ~ lhtc~• ~ k Qr (iOD 1'{. '?jlf ~ lo~+ ~eowt! -~ -~~ 10. Educational qualifications: 11. List any related rofessional certifications and licenses which you hold .e a /~ u vt~2 12. Give your present, or most recentempioyer, and position: _ a i zttt~ ,r c NcJ•r wal l~ Cr 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) Iw tt' l S YDvt ~ju.. L tau vk t ~.~ O ~Oh t4-G~' ~~ ~b ~~~ 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. a7~~ z~a,~ SIG 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 Samuel Resnick 2835 SW 13th Street Delray Beach, Fl. 33445 Ph# 361.330.8419 Resume of Samuel Resnick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA} 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass, Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3.Organizations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b} Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. ' bj August 198b to Oct. 1991-Private practice as Architect Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to -1957- (except for two years in U.S. Navy and three years in enginering school) worked for various architectural and engineeringfums. = Rr_mi : SE:r:TCq 1Hrn_cE I I lTEP. I CiR ~ FH x: f In. : ~t~1- ; chi F-U_lq. ~c _1~G1~ ~1 : ~ ~P19 P2 03•'05.06 FRI 10:05 FAX 3812433774 C~ CLERK _ _ _ ~ _ ~ iJ~.UVl ~~~ ~.- DQRAY BEACH AdaleaMaa ~- CITY OF DEL EACH `"1~~r~~-~~~~ • ~~ Bt1ARD MEMBER APPLICATI~~ ~ ~ R ~E C~ Z 993 zoi1~' AUG - 5 2005 Pease a of rint the £n iafonnadon: .~ • 1. ~„avt Name: ~~X ~ y l~ Nanoe ~ M 1'_ 2- Home Q 4- ,A~ddres ~ _ ~ ~ rl~.~el ea ~~`[~ ~ Z Code. 3_ Legal Residence; ~y e.. _ C1ty ScAtc Zip Code ~ r ~... ¢_ Prinapal Bu9inaea Address: City Sty Zip Code J (o SE ~ ~e~ De t ~~e~c-~, ~ ~ 33~t~.3 5. I iamc Phone: Buaiaess Phone: ~~-Mai] Address: CeII Phone: Pam ~ -?,z.53 ~-1 - ~~b~ r sex~1, ~ ~~5-flt~a 7~-~Z77 6. Arc you a registered voter? If so, wl~er.<. at4~ou te~ feted? _ ~C~ ~ L Rio t~ 7 What Board(s), ate you w.t red in satvm~ ]?(ease Lst en o= of reference: ~ L ~Y Y~ g~ i~.~lf;l-TiLkl 6: T.iat all City Boazds on whichp~ u ace aarraatly serving or have. previously served: (Please include dares) ~^ ~~ ~a`'A - ~f0 9. Educational uaLbcRlioos_ ~ ~ ~.iN7~-2~ o~.l~es a io_ List nay related profession I. c-,ertifle~doaa-and licenses w ch yon hold: 1 i. Give your preseat, or east recent e ' layer d po~~ ~ n_ l,S~ . 12n~r.~cnbe ezp~°races, Skills or kaowledgc `arhic~h+ qualify you ~o s z ~YLd~l e!!' Dd' /%~?~'i~r.,/11~ T7 /'%Y,1 l~_ /~ oa clue board: (Please attach a bdcf tcsumc) r?~ Sdncc /~,~~__ __~-~d~ I hecd~y certify $-at aJl. the sbovt atatcme4tg are ctur;, rued I agree sad ,,,,dcrarattd that nap misshcemeat of tuatcnai faces ctrn in this application uaap cause forfeiture upon my part Qf nap appointrncut I ~n eec[:ive; I ATC) ~=`~ ILE ~~ , r---'~-' --"- "-'~~ ~u ~a iu rua ~.iLy tJtcrK-s VChco tot a period of 2 y~,r, 5nm the date itvvas subnuti~:d_ It ~ be the applicant's responsibility to ensure- chat a autteat application is oa ~. sarra.encwowsnuFrrc~voK 08/Od/OS 'I'Hif 09:23 FAa 5612433774 CI1Y CLERK igIUUL __ ~ ~ CITY OF DEL~t.QY BEACH ~~ BOARD MEMBER APPL1CATi0l~E~~1~ ' zo i QuG - 4 2005 Y ~~~~~ - Plast type oc punt the follo~~ info~atioa: ~~T 1_ I~tNsmt: ~kl.~6E2s~. ~ Nsimc ~ ~ ~ ~~ M L 2 Home Address: l TG. F.Qs'. ~K~. City ~ O C A ,~ s~,.'t DZJ St~.te 'G (,~ Zip Codc 'S s)~ ~ ~ 3_ I,cg~l Rrsidcncc: City Stzce Z~ Codt 4_ Priae~al~Busincss Address: 5 Z ~r t~I~ ZA-~°° g~'~~,~- City 'L~c...c_tC,ra.•~.l b~c-~ State T--~ . Zip Code 334 ~~ 5_ Home phone i 3 ~ ~~ ~ S ~ Business Phoac: 5'~t Z7~ - S ~ °t 5 E-2v(sil Address: su.b~~s.s-S~-..~ ' ~~uo~T~ . Ntiz . Cell Phon` F4u:. SGr-2 7G - os'~r b. Are pou a Segistered voter? ~~S If so, to'here arc you rCglStered? ~~ `-~~~ 7_ Wha= Bosrd(s) =rc pou iatctrsted is serving' Plssse lint to ordu of preference: ~{ P ~ 8. list zu Gry Boards on v~hich-you arc cncrrndp serving or Gave previously acsva~ (Plesse indud.e dates) ~~ Bduationai gwlifYauotu: t0_ " t any related prof sional cutibsadona and licenses which pou hold G c` S t-a ~ N =u~ o ~ tv~ ~~..•c7t~-~.o 11_ Giro your present, or most recr~t ctnployer, and position - ~ ~ V~ 12 Describe er~etirnc~, a1o114 or I«.ov~lodge which qualiCyyou to nerve oo tfiis board: (please attach a baeFres~me) QL~E'l.tT -t- v ~G ~ GYt ~ ~ 1iL Od_) -~ ~ Fj ~ O A ~, I h thzt all the above statement ore tasty and I agiac and uadcc~taad that nap tnisstaument of tnsteaal facts coat lindon may cruse focf~atutc upon trip part of wp appoia.tmant I r~o(s_y receive ~ ~.~-fi`• C~S~ ~ SIGN _ D1iTE Notes: 1 ~$ ~p~~.~tjOII ~ L~m91T os File in the. City Clcrlc's OfS,ce £or a pcliod of 2 years Etom the dame it mess submits-nd, Ic wiil-be the applimut.'s resp~onsibtZitp co curare thst a cuacat applintiou is ou File_ S~Lmr¢8rx~w,~eawpp[1GCnoe1 JEFFREY SILBERSTEIN. A.I.A., RA. EDUCATION: Clark University, Worcester, Ma. Liberal Arta Major Boston College, Roston, Ma. Economics major, one year Pratt Institute, Brooklyn, New York, Architectural Degree Architects Medal for Excellence in Architectural Education Harvard University Graduue School of Design, Jttne 1989 Harvard University Graduate School of Design, July, 1996 CERTIFICATION: Registered Architect: Florida and lllinais American Itstitute Of Jeffrey Silberstein Architect & Assoc., Iac. was founded in 1990. We are a small fine with a reputation for innovative design and delivering projeros within budget a-id on schedule. This is evident as we eontinuc to work with repeat clients and tefesrals generated by our reputation. Our success evolves as we assist clients in defining project goals well before suggesting solutlons, a process that creates a full iu-detstanding of objectives before ttansfottuation into reality. Jeffrey Silberstein, A.I.A., RA., has over 21 years experience in the field of architectural dcsign, urban design, interior design and residential and commercial development. Silberstein Architects, Inc. was founded in 1990 and is located in betray Beach. Florida. He has been associated with many building types, including educational facilities, office buildings, interior office and residential renovations, museums, art galleries, religious facilities, residences, mixed -use dcvnlopmcnty and commercial projects. in 1998 JetTrey Silbenreiu was presented The Award of Honor for Design by The American Institutc of Architects (A.I.AJ. He was recognized for "the high quality and originality of his work ovcr ea extended period of time". In addition to this special honor he has garnered many A.IA awards for varied projects. His work has been featured in The Miami Herald, The Sun -Sentinel The Patin Beach Post, Florida Architect, Interior Design, The Roca Raton News, Architectural Record and other international publications. Mr. Silberstein has served as, a guest writer for the Hartford Architectural Consetvanry end The Palm Beach Post, a critic member of the Works of Art Committee of the Boca Raton Muscum of Art, a member of Junior Achievement and a member of The Grace Commission on the Boca Raton Community RcdevcJopment Agency Task Forcc. Mr. Silbetstein resides with his wife Rosemary and two daughters, Angelica and Sarah in Boca Raton, Florida. Z!Z 3JVd ~WVLO:OI EO-8Z-1.VW `tAC :St:'»i7u~uti Nraicu~a~tc :xa iN= MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: AUGUST 20, 2007 SUBJECT: HISTORIC PRESERVATION BOARD APPOINTMENTS-ADDITIONAL APPLICANTS ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Historic Preservation Board. Please be advised that Ms. Karen Goranson (Historic Preservation Layperson), Ms. Donna Monroe (Interior Designer) and Ms. Pamela Reeder (Historic Preservation Layperson) would like to be considered for appointment to the Historic Preservation Board (Item 9.H.) at tomorrow night's City Commission meeting. Their applications are attached for review. The Supervisor of Elections Office was unable to verify voter registration due to the fact that their computer system is down until tomorrow afternoon. D~+~ lu~mm~Y;onTm I{em 9.H DECRAY BEACH ~ ~~~ .~ l/~zc~~ '~ ~-w~['~c-~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~. 793 2oc~i Please n*ne I~r nrinr the fil~li)U7tnV IntnTTnailnn- 5` ~17l~GI I. Last Name: ~r~lSv72_ Name >/~ie~z M. I. ~7. ?. Homt Addre s~ ~3z 'G ~/vr.~ City ~ i '~ ~c~z, St tc ~- Zip Codc 3 ~. Legal Residence: Citq State Zip (_odc ~. P>:incipal Business Address: Cit~T SCarc Zip Code 5. Home Phone: $usiness Phone: !=:-Iv1ail.Address' Cell Phone: Fay: G. Date of Birth ~ ~~ ~ ~ '. ~1re you a l:e~;istcrtd voter? if so, where are ~=ou registered% ~cs F/v~ ~~,~~ ~, V~'1]a( 03rd lS~ aIE t'OLL ll]LEIE5CEi1 IYl SET'lIlg~ Plta$C list Ip OidtC Ot pLCtCLenCC: ~sfi~ ~~~ f i~s~~-vim ~rz ~v~rd ). Lis[ all l~i~y F3~>•azcls un which. you are cturently serving or havt previously sciz*cd: (Plcas< include dares] l u. Eduea(icinal ~ualiEicatioras: e / ~, n ~ ~. c~ l~ ,(/i ~CCr l i. J..i~t anv related professional cc>:afications and licenses which you hold: 1?. Givt your present, or most recent cmplo~'er, and position: ~~ ~ //~ // ,, (~ ~ / ,/ ~iTJ~~ClT7Y~~ - Gf/~C/)~r LCt~ f~f( tL l ' ~tG~ ~~7C~ ~ll-1 CG-~%!~- ]3. UESCribE expericuccs, sl~:ills ur knoevleil~e which quality yGU ro serve on this board: ~I'lcasc :attach a brief lcsnmcj 4,~i-~ ~ resi ~ ~F L~/ ~~~z.. ~ ~~ ~~~ u,G~~` ~z~ ~~ _ r //~ ~~ ,,/ _ rf'r 1~ . - ~ ~~ ~- 77~ ~~JZ~ ,C~JIrT,c~~/ ~ ~. Cc.S y~LCS /5 /~"' 1 htrcha• ccitil~' (hat all the. above statemHn[s are true, alld I 3~7ICE alld nders[and that any= II1rSSCdteIIleI1L C)i IIla2erlal taciS cozltained in this appLcati~n niat~ cease forfcimic upon uiy part of anv appointnien[pI uaay receive. O ~l ,f~_9TUhE DATE N..tc: This application v~all remain un file in the Cit4~ Clsrk's C)tt1cE for a penod of 2 pears troin the date it vas subnutccd. It M=ill be the applicant's responsibilitS= to ensure that a current applicaric-m is ~-1Ia file-. ~-. _ ~ Il. i'~ T "SIT II ITIIIT T 1-T T TTlli llil i,'-Tili' fl.'~fTT IL•i~ll lla IT iln f " ^l .~ ~r,~'~L: dtJ~l .S ~%~.fZ2:~~~ ~~ i2GGcl~ ~1JZi7~~. dL~ ~ - ~ ~/ ~/ /~ .. ~, r~y ~~ c~ 1 ham, ~ ~ ~e.~ ~~~ ~ ~-~ ~~ ~~ ~ -~ ~~~ ~~ ~~ f ~ ~ ~ ~~-~~. ____- ~~~~ ~~ ~~ ~c~r~ ~/cps !7a n ,. ~ tl~:;'-~ -t1t1/-4141-1 .'.-T-.1. TTtI'a;,?F~Ty'; -Gdil;~i-~ ~{-~;11 ~tl:-~T-.?t•1 DEIRAY BEACFI ~~ 1 ~ ~' CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ;~ 1993 2007 Please type or print the following information: ~I~~ l~- 1. L t ame: N e M.I. 2. Home Address: ~ 1_ 'C~'~ ` ity State Zip Code 3. egal Recsidence: J City State Zip Code 4. Principal Business Address: S City State Zip Code 5. Home Phone: Business Phone: - ~ E-Mail Address: ~. Cell Phone• ~~ ~3 Fax: ass-b3~ 6. Date of Birth -~3 - 7. Are you a registered voter? If o, where are you registered? ~. ~ 8. What Board(s) are you interested in serving? Please list in order of eference: ~J : ~._ 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) 10. Educa 'onal qualifications: O 11. List any related professional certifications and lic nses which yo old: ~-~d ~ 12. Give your presen , or most recent employer, and position: ~ -~' ,~ 1 Describe experien ,skills or k owled e which ualify you to serve on this board: (Please attach a brief res e) U 'S \ ~ O I hereby certify that all the above statements are true, and I agree and understand that y misstatement of material facts contained in this applicatio ay cause forfeiture upon my part of any appointment I may receive. SIGNATURE DAT'g Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~-- 1,~ c,~ cic.-- J DELRAY BEACH I l 0 R I O ~ CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: ~h ~v5 1. Last Name: ~E~• ~ E•~ Name /°i4 /'rl E' G. ~L I• /3 2. Home Address• ~r••~,r /~ it!'. E • / ~. S 7" • City i~ 8 G•~Jst Y .C? E~ c •S/ State G Zip Code .~S Y 4/Y 3. Legal Residence: ~S~/~E ~S .~.ccoY~ City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: .i. 7G ~ 3 0 /~ Business Phone: E-Mail Address: Flo i •+ ! ! ~ cassc.~sr..vE'r Cell Phone: 6G ? -/.t yv Fax: ~y-s'S yG 6. Date of Birth 3/mss'/ s~ ~ 7. Are you a registered voter? If so, where are you registered? yam- s ,o~r~~ .a~,~. ~N c ouc~ , y l'I•EEG~it~C.r ~ 7iyG w ,c~EG.t~4 y ~ 8. What Board(s) are you interested in serving? Please list in order of preference: ~yis r',~.~~ ~ ~'~'SE"~ r.~ r~v.v 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~r• O/Y E 10. Educational qualifications: Q.CGyF'Ga~S ~ ~~ S T6'•C S ,~ E c3-iCE'E S 11. List any related professional certifications and licenses which you hold: ~%vVi.Gcvv~C/~! ~'~C ~... ~~tDF~,sS/ o/i~ift G 12. Give your present, or most recent employer, and position: ,¢E ~-%e Ei,~ -• awN~'•G~ IE ~ 6NY/ jiG d ~ /~? Git/ T'~ ~, CD itlSLl4 T f 1116- ~l.G /1t i~ .tSE'G~G/4'Y fd.e ~ .s" y E-,si'.es 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ,~~E•~s~ sEE ~grr~«~v sr.~ rEnr~kr I hereby certify that ail 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. ~~~~-x,G~.r, ~ ~~7~~ 7 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. ~ • •i a iii - ^ •- ~ •i ~ - •- •~i~ 1 moved to Delray Beach because of the Historic Districts surrounding Downtown, and have lived here for over 30 years. I was fortunate to be here during the "1st Decade of Excellence" when the momentum for revitalization was exceedingly strong and well-supported, and 1 have had the pleasure of working as a volunteer for numerous City events and fund-raisers over the years, especially the "Pineapple Grove Mainstreet Program" in its infancy, and the Christmas Tree. I owned and operated an environmental consulting frrm in Delray Beach for over 25 years, during which time 1 completed numerous environmental restoration projects in Delray - including "Wakodahatchee Wetlands" and "Green Cay Wetlands (Wnsberg Farms)" water reclamation projects west of town. Having admired and teamed about the distinctive types of architecture in and around the Downtown area, I began purchasing historic homes and restoring them, including one on Banker's Row. I now I'rve in a fully restored 1926 Mediterranean Revival home in a Historic Neighborhood. There are so many third and fourth generation Delray citizens still living here, and it really creates a strong sense of community. For them, preserving their unique heritage is extremely important and I feet that I can appreciate this. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: AUGUST 17, 2007 SUBJECT: AGENDA ITEM # - I.1 -REGULAR MEETING OF AUGUST 21, 2007 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Neighborhood Advisory Council. BACKGROUND Ms. Daisy Fulton (Zone 1) was removed from the Neighborhood Advisory Council due to her missing three (3) consecutive meetings. This creates a vacancy for one (1) regular member to serve an unexpired term ending October 31, 2007. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals have submitted applications and would like to be considered for appointment. See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member from Zone 1 to serve an unexpired term ending October 31, 2007. RECOMMENDATION Recommend appointment of one (1) regular member to the Neighborhood Advisory Council for an unexpired term ending October 31, 2007. NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Zone 1 Applicant Subdivision Mark Behar Lees Crossing Sal Cherch Barwick Ranch Hansford Higginbotham Lake Forest South Joseph Gaston Pine Trail Jayne King Chatelaine Lynn Klein Lees Crossing William Milner Chatelaine Ria Santos Bexley Park 08/07 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS ~'ELEPHONE 10/31/07 Zone 1 Unexp Apppt Vacant 10/31/07 Zone 2 Stephen Lampel Home: 276-9292 Unexp Appt 06/21/05 2745 N. Clearbrook Circle Work: 832-4271 Delra Beach, FL 33445 Fax: 832-3555 10/31/07 Zone 3 Linda Leib Home: 498-5256 Unexp Appt 10/17/06 4045 Live Oak Blvd. Cell: 772-342-4404 Delra Beach, FL 33445 10/31/07 Zone 4 Cory (Caroline) Cassidy Home: 278-0150 Appt 11/04/03 424 Palm Trail Work: 266-6760 Reappt 12/14/04 Delra Beach, FL 33483 Fax: 265-0616 10/31/08 Zone 5 L'Tanya Allen Home: 699-1957 Appt 10/25/05 1014 Mango Drive Work: 688-4394 Delra Beach, FL 33444 Fax: 688-3559 10/31 /08 Zone 6 Linda Prior Home: 330-0245 Unexp Appt 02/20/07 2455 Lindell Blvd. #3510 Cell: 702-0245 Delray Beach, FL 33444 10/31/08 Zone 1 Arthur Brown, Chair Home: 496-0264 Unexp Appt 01/13/04 4255 Northwest 10+~ Street Work: 862-2361 Reappt 11/15/05 Delra Beach, FL 33445 Fax: 10/31 /08 Zone 2 Bonnie Raycroft Home: 499-6798 Appt 11/15/05 213 Sherwood Forest Drive Cell: 445-6793 Delra Beach, FL 33445 Fax: 499-6798 10/31/09 Zone 3 Shirl Fields Home: 638-1261 Appt 10/17/06 2758 Hampton Circle West Cell: 542-6150 Delra Beach, FL 33445 Fax: 638-1263 10/31/09 Zone 4 Claudia Flores Home: 274-3400 Appt to/t7/OG 19 NW 17~ Street Work: 243-6761 Delra Beach, FL 33444 Cell: 702-2919 10/31/09 Zone 5 Matthew Hartley Home: 243-4808 Appt 10/17/06 2522 Ella Street Delra Beach, FL 33444 10/31/09 Zone 6 Joseph Kamarata, Vice Chair Home: 243-2834 Appt 10/17/06 764 Avocet Road Work: 454-5838 Delray Beach, FL 33444 Fax: 243-2834 Cell: 662-7186 10/31/07 At Large Pamela Williams Home: 274-9095 Unexp Appt 03/21/06 Representative 245 NW 8~' Avenue Fax: Delra Beach, FL 33444 10/31/08 At Large Patricia Westall Home: 243-7959 Unexp Appt 04/19/05 Representative 1102 Seaspray Avenue Work: 274-3215 Reappt 10/25/05 Delra Beach, FL 33483 Fax: 274-3201 10/31/09 At Large Charles Stravino Home: 495-5375 Appt 11/04/03 Representative 3631 Lowson Boulevard Work: 243-7412 Reappt 10/17/06 Delra Beach, FL 33445 Fax: 243-7461 10/31/08 Home: Work: Student Vacant Cell: 10/31 /07 Home: Work: Student Vacant Fax: S/City Clerk/Board 07/Neighborhood Advisory Council f l O ~~ ~ O ~~ aha~ CITY OF DELRAY BEACH ~~ ~ ~ ~ BOARD MEMBER APPLICATION .~~ 1993 ~C~ (.. rl~,f'f'/~C(9 2001 q Please type or print the following information: ~f l V 1. Last Name: Name M• I• 2. Home Address: City S ~ Zi Co e 3. Legal Res ence: \~ C~ ~~ State Zip Code 4. P ' cipal Business Address: .~'~ City ~ ~ State ode S. Home Phone: Business Phone: E-Mail Addre~~ ~ ~~~ r- _ Cell Phone: O Fax: 6. Date o Bir 7. Are you a registere voter? If so, where are you registered? ~~ 8. at ard(s) are you interested in serving? Please list in order of preference: ~iz~/7~ 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) 10. Educational ualifications: 11. ' t any related pr io al ce tifications an 'censes whic ~--- _ - -_ . 12. ~1 Give your present, or most recent employer, and position: ~ C/W/'L~ /y-'~" ~~ ~ ~ 13. Describe exp riences, skills or knowledge which qualify you to se on this board: (Please attach a brief resume) ~---~ ~-- I hereby certi tements are true, and I agree and understand that any misstatement of material facts con pli n may cause eiture upon my part of any appointment I ma receive IG DA Note: "Plus 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. - .. _____~_ ~~~.,......~ .. .....~..~~t,.v.y ... v.. ...,vv. vvla~a vJJlVllul V1U~1 VL lYlvlll BLOC ~RCHi1~'E ~ .:~ F:~. ~1) ,._,. - ~ -` (1) ABOLT n-i ~; POLITICAL INSIDER - ,~ __ rays i ui ~ '~, ,~ On This ~ ~ ~~ ~ ~ =: Y4.th Day of ~ ~ July, 200, s ~ s Washington, ~ . - D.C., it gives ~ ~ . ~ ~ me great ~ °~ < < ` ' pleasure to ~ ~_ _~ ` Announce , r'i ; ~ , ~ . , that: Mr. Mark Behar of Delray Beach, Florida has been Officially Nominated to Receive the zoos Congression .~-_=_ -- _~,, _: .~ _ : _:; ~ al Order of --~`°~ Merit, by the - --~- Executive ' a Council of the National Republican Congressional Committee-NRCC. This Citation: Is in Recognition of his Outstanding service as an Honorary Chairman of the Business Advisory Council Representing Delray Beach, Florida and for his ideas, commitments, loyalty, and dedication of his time, efforts, and services in trying to Reform & create Tax Relief for Start-Up, Small Business, Small Business Owners, and Sole Proprietors like himself, and for others, throughout the United States. Mark is a Property O`vner/Investor of several Rental hitn//thenaiinnalnnliticalinsider_hln~snot.com/2007/07/2007-contsressional-order-of-merit_h_. R/7/2~(17 r vti~wcu tiiaiuct- rr gauui~,wu, a.~~,.. ~.vv r ~.vu~iw~iviLai viuci vt iviclu t a~~ ~ vi ~. & Investment Properties in both Delray & Boynton Beach, Florida as Hell as in "The Pocono's", located in Tobyhanna, Pry., and is currently trying to Update & Revise the "Landlord-Tenant Laws" in his Hometown State of Florida. a t'oMNiEPdT'S: ,. httn: //thenationalnoliticalinsider.blo~snot.com/2007/07/2007-con~ressi onal-order-of-merit.h... 8/2/2007 ..,~~.~...,... ~~..,.......~ .. ....,.....b.....~ ~..... ..«....... ~ ~.........a~.... a v .~u...a~a. STL'r ll~lY; .~~Ri~ 28; aeo, bLOG ~~Fcr':iil%E. ~ (3) ® :~ (I) - -`: (I ) ~~oLT iyl ; POLITICAL INSIDER v,~ ~ , ~-. >; ~.~ r,~ a u~jv i vL ~ The Nati ona _. I '_"; ~ Rep _ ~ ubIi Y can Con fires sion aI Co mm itte e (NR CC) The Hou se Rep ubli can Tru s t, ann ounce their invited Members & Guests Mark Behar; A young Entrepreneur and Owner/Investor of several Investment Properties worth Multi-Millions from Delray Beach Florida, was just recently named and awarded the "2006 -Businessman of the Year Award", representing his hometo~+~n City and State of Delray Beach, Florida. John Soehner -House Republican Leader said, On behalf of the Republican leaders in the U.S. House of Representatives, I amhonored to have Mr. Behar, who is an Honorary Chairman of the House Republican Trust, from the State of Florida (Which is an influential and prestigious group of outstanding citizens throughout the United States), to attend the this years Annual Board Meeting and to join httn://thenationalnoliticalinsider.blogspot.com/2007/04/2007-presidents-dinner.html 8/2/2007 a vaauvua laaJlLLVa- t~ uJa111a~lVaa, L\.... illli t.vv~ 1 1~L'~~.J1LLi1V 1 u L11V1VL'l~ t"~l~C G UL G President Bush, Republican Members of the U.S. House of Representatives and the U.S. Senate at the premiere event of the year "The 200 President's Dinner, which is to be held in our Nation's Capital on June ig.th and i4.th. In addition to this year's dinner, Mark and other Honorary Chairman from throughout the United States will join special guest Karl Rove for lunch on the i4.th. After the lunch, there will be a "Town Hall meeting" featuring Republican Members of Congress. At this meeting, Mark will have the opportunity to comment, express his thoughts, opinions and concerns on and regarding the Presidents current "Tax Reform and Relief Bills" that are sitting and awaiting approval and a vote, in the Senate. In the past (2005), Mr. Behar has attended this event with former 2.- time California Gubernatorial Candidate Mary Carey. ., , o conz~~NTS: Subscribe to: ?'"~~ z ,4 httna/thenationalnoliticalinsider.blo~snot.com/2007/04/2007-presidents-dinner.html R/21~n~7 i vi-u~ai tii~lucl- vv t1J11111b' Wll~ lll..: t'CDTUdry LVV / Yage 1 of Z __ SC;NJA` FEET^.tJ:"~RY ~~, ?~ci~ "2006 _ ~~~ ~ - BUSINESSMAN OF . THE YEAR AWARD" The National Republican Congressional Committee B L o G~ ;z c ti z v~ (NRCC) announces their Businessman of the Year ~ (g) ~ Award Nominee & o Recipientfrom the State (t) of Florida The Nation Republican Congressional Committee (NRCC) has announced that ~ (1) Mark J. Behar, a young ~ (t) Entrepreneur & Small Business Owner from Delray Beach, Florida was nominated and has been selected as the "2006 Businessman of the Year", from South Florida. PtBOT~ 1 ~UkE POLITICAL INSIDER This award recognizes the top U.S. Business Leaders, who have successfully integrated business and financial success . ~ ~.. ' . { .; :•~; ~ . _. > ' i. ~> with the suppol-t of republican ideas and values, as well as a pro-business &pro-family agenda. Mark was selected for this honor & award, for his steadfast support and commitment to President Bush's Tax Relief & Reform Bill that is geared and tailored for and towards Small Business Owners like himself. Mark's input and recommendations on the bills and its content was very- instrumental in the bills develapment. Congressman & Chairman of the NRCC Tom Cole said, "On behalf of The Entire House Republican Leadership, we are all looking forward to seeing Mr. Behar in person, at our Awards Ceremony and Luncheon". In attendance at this ceremony, will be Special Guest former House Speaker Newt Gingrich, who will join Mark when he receives his award at this time. The Awards Ceremony and Luncheon will be held in our httn•//thenatinnalnnlitinalinci~er hlnacr~nt ~.,.,,I~nM no nI ~,-..h;.,A I,t,,,t oi~~~nn~ ronncai insiaer- w asning[on, L~,.: r eoruary ~~v / Nation's Capital 61Tashington DC on March 1.5.th. The "200 Republican Business Summit" will also be held that day, as well as the "200 NRCC March Diner" will be held that night, with Special Guest President George W. Bush. Mark also, has been asked by the Republican Leaders of The U.S. House of Representatives to serve as Honorary Chairman of the House Republican Trust, from The State of Florida. Political Insider-Washington, DC. .,_ - Subscribe to . _ rage ~ o>_ ~ httr~•//thanat:nnalnnlit:nal:ne:rlar hlnnct-<nf nnm/7nn7 n7 nl .<,-nh:<~o ht.,,l QioinnnZ oaioeip8 wED LJ:J1 F?1Y 5912aJJ77a CIT4 CLERR DEUtAY BEACH ~ r CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 7993 20oT Please type or print the following inEotz~tion: r-~ .~j o n e J ~'-- - ~~-t'f av~C IIII~JJJ,i'~f~~'/~/ ~,~; ~- I :~~~ !~ ~~1~~ i _ i.ast IV amt: c~--Cf/ Name ~~L ~ I. ~" ~ 2- Home Addrrss: ~s/ o cS T3 A-2CU r C_~K- City State . Ir Code 3. i.P_gal Residence: City State lip ode 4. Principal Business Address= ~~~ / City State Zip Code p~ 1 5_ Home Plsone_ business Phone: F,rMail Addicts= Cell Phone: )~ax: (~~ .f ? -~- ~ ~ 7 ~ aa~Zs- o ~ ~- 9 3 ~~ ~3~ ~7 G. Ate you a tegisccrcd vote? Fs-C If so, tvheze ate you regjsteted? ~ T• 7. What Boards} are you u~[cresCcd in serving? Please list tit ordct of prefetcnce. ~ ~ 8. IJsI City Bonds on rich you arc curt} servisrg or havt prcviou ly served (P case indudc dates - ~C i4{11~ ~ G L _ Gducariorta! qualiFicatioiis. z t ,edr ~ Lt- _ 10. List any zeLltcd professional ce.ttilications and licenses which you hold: 11. Give your ptcscnt, oz most teceIIt elnployct, and position: N v 6d SIC, aP~ze-- ~, ~V 12_ Descrihe expcti~ces, 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 ague and understwd that any misstatement of material facts containe dtis ap li non may cause forfeiture upon my pact of any appoinunen[ I may tc -v G211t7U1U? DATE O i9~ NOf~. This application will tetnain on 51e iin clue City Gerk's Office for a period of 2 y~zs Fxotn die date it was submitted It wild be die applicant's zespoasibility to ensure that a entreat application is on EIe_ survo:exonoasnuenuwnoN SAL CHERCH Mr. Cherch, 70, has over 50 years of business experience in developing, initiating, and operating companies in a broad range of industries. Over the last nine years, he has devoted most of his time to developing and funding aquaculture related enterprises. He isthe co-founder of Neptune Industries, Inc. [NPDI.BBj ,Taurus Investments, Ltd. and Aquaculture Specialties, lnc. He has served in an executive capacity for a number of privately held and public companies including Ford Motor Company. Mr. Cherch is the President and founder of Landa Financial Group, Inc. This investment and holding company has interests in the electronic security and access control industry. He is the founder of Quest International, Inc. a public relations and promotional organization and Meter Maid, Inc., which markets a patented device devloped by Mr_ Cherch for the electronics industry and is the former owner of Corporate Consultants, Inc. which specialized in developing training and motivational programs for major corporations. Mr. Cherch has been responsible for the formation and funding of several privately held Comranies, which he hrn~.i~ht to the Fi.~hlir. ac IPn's HP fns mriPri anti way C:F(7 of National Farly Warning Systems, Inc. (N.E.W.S.BB,) which. developed and manufactured patented electronic monitoring and reporting devices for the U.S. Navy, many municipalities throughout the United States and Europe; National Electronics and Design, Inc., OTC, which developed and manufactured radio devices used in the restaurant and hospitality industries. Mr. Cherch also served as an executive officer with direct control of marketing for Lancer industries, Inc., AMEX. where he was responsible for the design and patenting of several products for and the Company and its affiliate Universal Fiberglass Industries, Inc.[OTC] These products were the basis upon which both companies were formed and built manufacturing and distribution networks consisting of more than 500 dealers and distributors throughout the United States ,Canada and Europe. In addition, Mr. Cherch owns or has patents pending on several other products. Mr. Cherch attended Seton Hall University. llEL1tAV BEACH 1993 2(ltl1 Please tulle or vrint the ~~i3/~ ~ ~ ~~~,~~ ~C~I 2~3 ~~7`7`~ ~E~~~~~t~ CITY OF DELRAY BEACH pCT 1 ~ 2005 BOARD MEMBER APPLfCAT10N C I1°Y '~ ~.~' ~~~~/7~ l~ ~ uanv information: 1. Last Name: ~~ _ Name`l ~- I- 2 Home .;'lddr ss C~ - Stat Z.i.p Code 3. I..e~al Rcsidenre: City Mate Zip Code 4. Yrincipel $usiness ,1ddr ss: C:ity A Mate Zip Code S. Home Phone.: Bus css Phone: F:-Mail ,lddtes~: <::eli T~hone: 1~aX: 6, ;are ti•ou a re.~istcred vot r.~ ~ ~ If sz , ~x~hexe are }-ou rzgisrered? ~ ~ ~z~~-~. ~e~ ~~~ F _ ~~har Board(~1 3Lt' y()U u1C 'esrld LIl serving?Please list in o,dcr c,F preference: ~ e..~ ~~~o~~. o ~ ~~~~ ~ ~ t 7 ~~,~ R. I_.ist al] t~ its $oard vu «~hi h ypu arc. curLendti- secvii.~~.> o. ha~•-e. PrcLi.ously 5cnrecl: iPlease uiclude dates) _ (~~ _ '). F_.du4atior~al dualikacation~: .~ ~ r ~ a~~~ C r-~~ r~ ~.~ .v ~~t~-- _ _ 10. I..ist any re}atr. profrssic ~~ ti L.~e_ na] cetaticati n~ and l censeK .which you held: ~ ~,~v,~ ~:,s.~,s~ ~ _ ..~ ~ec...c ,~~r~ 1_~ c.>~-.sue ~ 1 L Gi«e. sot resent, <,r m r, V . a recexat rmpioyer, and potiitir G ~ ~,CL-~ _...~ .S~~.eS _ ~ e~~ .~.e.,.~C 1~, J~escrihe especicnccs, skill,' r C,P.~ or knowledge which yualt ,• you ai sen-c n r this board: 1Vlease attach a bxief.resumej rT~ ~ ~ ~ co ~ C ,M ~ , l , ( y I here.hy- .ercify that all the. abo contai d ir, th a~,plication m ..~, ~ and understand that a»y misstatement of material Facts e statements are ttuc, and 1 aFnc:~ • cause. FozFtit~re upon n,y l,a.rr ~~t 3ny appointment I tnay receive. _ _ ~~~~r 12 f~,... 0~.5 GN,1 CL RE D..~1'f Note: This applicau.on ..ill =main on t1le m thG ~_.rey l-lcrl: s vrnre rot a penvo c,r ~ ycdLa u~~>L~ ~~~~ ••:x~.c ~~...,s, submirzrd_ Lc will be he applicant`s re5pc>nsiUiliry a:~ ensure thrt a aizrent appliciition is on tile. i~.!' KYf L.FRY.}ROA RU~APP L ICnnON ~j[ i _ s HANSFORD N. ffiGGINBOTHA.M 920 SUNFLOWER AVENUE DELRAY BEACH, FL 33445 (561) 499-8331 CORPORATE FINANCE & INVESTMENT MANAGEMENT EXECUTIVE 1990-Present Independent consultant to private and public companies, advising on matters including capital structure, debt and equity financing, management dynamics, mergers and acquisitions, strategic planning and- marketing. Record of achievement introducing new concepts and services to clieirts, turning money-losers into money-makers and capital creation approximating $70 million. Concurrently have held contractual relationships with NASD/NYSE member firms for providing securities brokerage and financial planning services for my individual and business investment clients. Member firms include Old Dominion Securities, Questar Capital, Round Hill Securities, Northeast Securities and J.W. Genesis. Client assets under management have exceeded $36 million. ACTRADE CAPITAL, INC. Regions! Manager 2000-2001 Responsible for management and sales growth of this public, international company's Southern Region. I was credited with building the Region's annual sales volume to over $23 million prior to the Company's decision to consolidate its operations and close this office. PIONEER PRODUCTS 1988-1990 Marketing Manager Assumed marketing and P & L responsibility for the 150+ consumer and institutional products of this General Mills manufacturer. Credited with the creation and introduc- tion of five new brands {11 sku's) during an aggressive line expansion. My efforts contributed to two years of record company revenues achieved within profit guidelines. EXECUNET COMPANIES 1984-1988 Partner/General Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Eaecunet, Home Office and Memorybsnc Inventory. HANSFORD N. HIGGINBOTHAM, Page 2 DEL MONTE/R.J REYNOLDS FOODS 1980.1984 Region Manager and Devision Manager ultimately responsible for $50 million in annual sales of a 500+ item product line through direct and food broker sales forces. Wrote and implemented operating budgets which included personnel, operations, local advertising and marketing, trade shows and trade promotion. Managed the regional merger of RJR Foods with Del Monte. PROCTER & GAMBLE 1973-1980 District Field Representative and Unit Manager in the food products division. Managed sales of up to $15 million through direct representatives and account managers. Recognized as my district's Top Unit Manager in 1977 and 1979. Consistently ranked among the company's top managers in introducing new items and brands. Developed successful college recruiting programs at South Cazolina, Clemson and Furman Universities. MERRILL LYNCH, PIERCE, FENNER & SMITH 1970-1973 Account Executive Sold investment securities including equities, fixed income, options, mutual funds and commodities. Branch office leader in opening new accounts. EDUCATION/CERTIFICATION B.A, Liberal Arts, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee Series 7, General Securities License Series 53, Uniform Securities Agent State License DELRAY BEACH . o All-Atneriq C"rty ~ii~~'~ ~~ ~ ~ CITY OF DELRAY BEAC~~ Z~p~ ® BOARD MEMBER APPLICAT1~~111 ~~ ~ ~~ Please .type or print the following information: '`~~ U/~ 1. Last Name: ~ ~~~ , / l~ Name ~5 j ~ /~ /'~ M . (.~ 2. Home Address: ;~ 3 ~ ~ ~ ~3 A~~ City ~ ~L~ A .~~~~~ State . ~~ Zi Code ~~~~ 3. Legal Residence: ~~A~~ ty State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: mil- ~8~/~ ~ Business Phone: ~l 9~~'~~~g E-Mail Address: ~JQS ~7~~~1~ Cell Phone: ~~ ~03f/i .~ Fax: ~~ ~~~ /o~~ 6. Date of Birth CIg ~~ ~1~04~ 7. Are you a registered voter? If so, where are you registered? O 8. What Board(s) are you interested in serving? Please list in order of reference•J ~ 01L ~ I ~'D ~ ~C(il/C'/~ r -L ~ ~ ~e'~ ! sV ~r Q~ i~i2~~y ~ ~~rc~iio~ ~d~};~~ _ _ List all City B arils on whi you are currently serving or have previously served: (Please include dates) N 10. Educational qualifications: • ~s~ ,~~ ~ ~~,~ ' ~Co~/o.ylcs 11. List any related professional certifications and licenses which you hold: /IfO~~,~~ ~~~~G 12. Give your present, or most recent employer, and position: _ J ZG~ / ~~ll //~ L f/~f~II/~i•¢G 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certifythat all the above statements are true, and I agree and understand that any misstatement of material facts contained iri this app 'ca~~ma cause forfeiture upon my part of any appointment I may receive. L% SIGNA DATE 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. GASTON G. JOSEPH 636 NW 53~ Ave. Delray Beach, FL 33445. (S6~) 498-1092. Gjos67eph(~yahoo.com A talented Business professional with extensive sales and customer service experience SUMMARY OF QUALIFICA770NS • Able to learn and apply quickly and effectively • Hard working, detail oriented, able to multi-task • Extensive customer service background • Excellent communication and presentation skills PROFESSIONAL EXPERIENCE • Prudential Financial, Boca Raton, FL March 2007- Present Financial Service Associate • Propose insurance and investment products most suitable to customers' needs. • Prospect for clients, develop insurance and investment program and make sales presentation. Fidelity Federal Bank & Trust, W.P.B.,FL May 2004- January 2007 Financial Service Representative II • Service new and existing accounts • Originate and close consumer loans • Consistently achieve or exceed all sales quotas each year • Represent the Bank to customers in a courteous and professional manner • Provide prompt, efficient and accurate service in the processing of transactions • Perform all Teller functions as well as other duties requiring additional knowledge and experience Palm Beach School Board, W.P.B., FL August 2002- May 2004 Community Language Facilitator • Assisted teachers and administrators in fulfilling ESOL program goals and requirements • Maintained a directory of referral services for the target population • Participated in developing strategies to increase academic achievement for students of the target population • Participated in ESOL Staff development activities • Served as an advocate for students and parents of the target population • Served as an interpreter in school communications with parents, students and community members Rent Free Realty, Boca Raton, F1 May 2001- October 2004 Sales Agent • Assisted customer in leasing, buying and selling of real property • Performed comparative market analysis for customers • Performed customer service Switch Access Communication, Inc. Boynton Beach, FL March 2001- January 2002 Assistant Manager • Performed stafforientation and training, assisted with scheduling and supervising staff • Responsible for administrative functions such as filing, data entry and visitors relations • Monitored progress and assisted with accomplishment of daily objectives • Performed customer service EDUCATION FLORIDA ATLANTIC UNIVERSITY, Boca Raton, FL (2003) B.S. in Business, Major: Economics. FACULTE DES SCIENCES )F[UMAINES, Port-Au- Prince, Haiti (1994) B.A. in Liberal Arts, Major: Sociology FSA Job Description Position Summary The Financial Service Associate (FSA) position is a sales position with The Prudential Insurance Company of America selling insurance and financial services. FSA's participate in a 2-year development program, developing product knowledge, and selling experience while offering appropriate insurance and investment products to help clients meet their financial goals. After the 2-year program, many will continue to be financial services generalists, assisting clients with a range of insurance and investment needs; others will go on to develop a specialty, such as fee-based financial planning, insurance for business needs, or estate planning needs. Overall Duties and Responsibilities • Sell new insurance and investment products • Solicit new customers through approved techniques and methods • Conserve existing insurance and investments products • Service the insurance and investment needs of all owners of policies issued or offered by Prudential Financial companies. Essential Job Functions It is important that Financial Service Associates be capable of mastering the complexities of the job, continually teaming new products, information, and approaches. As our representative, the FSA must have a full understanding of all our products and be able to recommend to customers the appropriate solutions that are in the best interest of the customer. The end result of the FSA's work is to develop long-term relationships between us and the policyholder that will impact the personal welfare of many people. The FSA's general duties include the responsibility to: A. Prospect for clients, develop insurance and investment programs and make sales presentations regularly for a broad range of life and non-life insurance contracts and financial products and services sold by Prudential Financial companies. 8. Propose insurance and investment products most suitable to the applicant's needs and ability to pay. C. Make the necessary adjustments in the policyholder's portfolio in light of changes in their needs. Although many transactions are handled by the Customer Service Office, an FSA should understand how to provide services, such as processing. loans, surrenders, changes in beneficiary, claims, policy options, and the like, as well as being able to explain to customers the effect of these transactions. D. Maintain in force the existing insurance and investments products of clients, secure the reinstatement of insurance that has lapsed, and perforrn all the duties inadent to the care and conservation of the business assigned by Prudential. This may apply to all policies, whether or not the insurance was originally sold by the FSA. E. Maintain records of account, and render when required, on forms provided by Prudential, a report of all business transacted and complete accounting. of all monies received on behalf of Prudential Financial companies. F. Conform to and abide by the procedures, rules and requirements of Prudential Finanaal companies- and the state or states where the FSA operates. Insurance is issued by The Prudential Insurance Company of America and its affiliates. Securities are offered by Pruco Securities, LLC. investment advisory services are offered through Prudential Finanaal Planning Services, a division of Pruco Securities, LLC. Each is a Prudential Financial company located in Newark, NJ, and is solely responsible for its respective financial condition and contractual obligations. The Prudential Insurance Company ofAmerica is an Equal Opportunity Employer IFSA08t826 ~r~~ann•i~l ~~ ~ . ~~ !39/I3j05 YON 10.15 FAQ 5d12d3377,t CITY CLERfi _ f/y~ X002 flHtAY g~lCl1 e , r ~ _ ~ ~ ~ ~_ - - z ~; - SEP. 1 ~ Z005 _p~~ ~ ~ ~;~~ ~t ~o~ ~ 1TY CLARK Y_ I.~sE LfTa~ J Nazrse `` `u 1~, y ~ ~: .J GL ~ t,~~ ~ J. {~ ~. l t 3. ~.r~,d deuce: - 4~ ~~, _ ~. C~- ~ ~ ~ tJ ~ • Z ~Y . ` Srate ~ ~e c~ ~-~ ~ r~ a, ~'~ °rt~te ~ Codr ~~ ~~ ~ ~ ~ e~ ~~n~: - Fie . ~ ~~.~ z~staod ~ arc} f ~i v, SCG! _ _ - ~ , -, ~= ~QE'isat Bustd(t).ascY~iii~tezes in, p ~ `^c"'}- ' ` S t~O~ yt1 VLC%~la ( . vac art is ~rrics.aE ~ - `-~` _ eh- f~~~ ~j' ctin ~~ Tc*et atr ~. U CJl.~~n c, i c'SL C~-~` ~ i JV\ ~~> n. n ~,-~ -P - ~'-~ ~ v i . ~- ~awt Ssr~~°.,is~g.sc~ed: (Ploys ia~i~c y: ~.5~~310£7~K6pcsf..C~Q~firstlap~ ~ '° ~ - ----z ~_ ~_~~t c~ti,, I.~ ~ p~ai ac4©ns and lbaeusess zr}.i~ ~n~ hairy 11s Give ~ ~~ at test [tr.~n t i-~ n~ P,as(tiou; ~l ~ - . `~ is ` ~~- ~ ._ ~ ~ `U~-~~.h~ 1~~ _>c.~.c~-~, ..-- f •~,'~.~ ~-~ ref . r~c~~ i~ ..IIcsm7o~ e~Ls ar,~p _ - - _ .~ .. ,4 L - ~G. _. k~ %,tn g~fyyz+u fr3 ..:.....~~ ~ ~ ~re;~m,~) 'L1 ~. ~hC l~ tp..y 1 L~.~C~~6,,~_~ Y"U ~-l~ ~,(!hc~ u..~:~i ~ --L{ atttsfv mat a(I _ _.. can"-~ ~a ~ ~ S, h~-.: ~n by ItidL i Q ~iac.r;~ ~.1. a"bvvic soa artcf xaasi ~ - ~ ~ L~ CS {. ~ .V V h::~Y~-~ iii tT:;s-'~~.~}g,muea forf~.~A~ of.aay Q~~~l~f cec~eivU~ca,~t of - (~~ Dr4~P. ~n an -fi~e.~" ~- e~ Clet~t's C~EFce fay a ` fitted it evtll be rho s~Q1~nL's ~°d ~f `~ y~ -from t~C •d~~,c ~ ~v~s ~proas~,~ c~ ~~e: r~ a: ~p~~a ~~ Asa .~ _ - - ~~~ CITY OF DEL ~~'~/e RAY BEACH ~ ~: .:: ~ . ~ ~ ~ 60ARD MEMBER APPL ~°-l C rUss>~~ ® ~ll~ r ' ~, ~ ~~~~ i,~:: 12p47 P')L~e type or print the follnvvin~ mfoaasaoa _ ..~,a t':i _~~' 1. Last Name: ~ C_ Lt `~ Name ~ ~~/ M 2. Home Address- ~ ~ ~~ C ~~ /~ J ty ~~ .~ El- .•2-. ~~~ Stz ~ de .. ~~~ ~ 3. Legal Rcsidence~ ~ ~`-''-~ City State Zip Code 4. Ptiaeipzl Business Address: Ci Sezte Zip Code 5. H (/Phoa/t: ~d ~J ~ ~ Business Phone= / UMsil /A' ddress: Tf'1 O Tlrl ~~ t~~2~~~1~ Cell Phone: , Fix.: /G3~~ G y~l-.3 6. Date/of~jBoth 7. Arc you a rcgistcrcd vOtr1? If so, where are you registered? 8.~ What Baard(s) ate ypy~ iatar~itad in aervin Flense list in order of prcf+;rtt,.c. 9. list all City Boards on mluch you arc cuQeatip serving or hnoe previously secvtd: (pleauc include datr9} 10. F.ducaaonal qualificaaon i 1. List any related professional certi6cztions znd licenses which you hold: I2. ~iivc our present, or most ieccac employer, and position 13. D©c~bo mt?ari~~, elt~llo a~ lcnoaled~u wiiah gc~liEY 9o to scxe .,n d+in haa~dt (:~ta~,~ b~tyeel.. ~.ief ,.,,,..,.~) ~V~4~j QED ~Jf,u ~ ~-~Af.~~ J here_ by certify that all the a ove statement; ~~ ~,`, and I agree and undersrind dint say rtusacatement of material Facts e `~ ed in dtia applic2t;on may cause fotfeicur~ upo,t mp pact of any appoin uat I ~y receive ~ ~ ~~3/IG sy~nnT<r~ DATE Nntr• T1,;a ..rPt"-~,~„ ~.~ _^ ~~ ~n ~~ ;~, ~,~ Ci~r Cl~'~ Orficc fvr z period of Z pars L[om the date it was aubauctcd. lc will be clle appjicant's responsibility to ensure chat a current 1pptic~tion is on Erie. 2007-07-30 2t:dB 5612433774 I moved to Delray Beach in 2000 not sure if this was the community my husband and I wanted to commit to after living in the Northeast for most of our lives. While the transition was not easy since family still resides up North, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend of peoples of all ages, races, and economic groups. A city that has pulled itself out of doldrums and is a relatively safe and embracing community complemented by the fact that it is sitting in a beautiful environment. We found that we became more active, looking forward to enjoying the beach and parks- and attending the many events held in the city. We take pride in the fact that we call Delray Beach home. I am sure many of you have seen changes in this city in the past years, but the challenges the future holds can be daunting especially in protecting the assets that make Delray Beach anAll-America city. Just drive down Atlantic Avenue and not only can you see the changes in the city but you can feel the changes. While I have no experience sitting on advisory boards to a city, I feel compelled to offer what I can, to assisting the city that we now call home in some way. I am a well educated woman and spend most of my professional life advising healthcare organizations how to better their businesses, so I am confident that some of those skills and experiences can assist the challenges facing the residents of the city and those elected to manage Delray. I am attaching a professional resume to assist in your review of my application. Thank you for your consideration. Lynn Klein LYNN J. KLEIN MAR 2 5 200 myoptimaC~aol.com 114 E. Lee Road Delray Beach, FL 33445 Home: (561) 638-3517 Fax: (561) 638-6223 CAREER SUMMARY A healthcare, business management consultant with extensive experience in the public and private sector. Areas of expertise include: - Mergers and Acquisitions - Corporate Finance - Forensic Accounting - Business Integration - Financial Analysis and Modeling - Process Improvement - Due Diligence - Cash Management - Business Development Ability to improve efficiency through systems enhancement and re-design as well as through selection, installation and maintenance of operational and financial computer systems. Ability to manage multi- functional projects. Self-motivator with exceptional interpersonal and communication skills. SELEC7EQ ACCrJMPL1SHMENTS Financial and Operational Business Consulting • Created and implemented a comprehensive restructuring of alt purchasing and accounts payable functions and systems fora $250M healthcare client to achieve projected savings in excess of $1 M in first year, reduce processing backlogs from 90 days to 3-5 days, reduce payment backlog from 120 days to 30-45 days, and provide on-line reporting to branch locations. • Created financial models in EXCEL for cash basis $16M service client to convert cash financial statements. to GAAP financial statements for timely reporting to publicly held parent company. • Created a customer usage model that analyzed 10 years of data fora $20M service client. • Provided all operational and financial business integration for 12 practice acquisitions fora $50M healthcare client including systems conversions. • Assisted clients in the identification of and evaluation of potential acquisition candidates including preparation of financial and operational due diligence. • Assisted two healthcare clients in successful IPO's (in excess of $100M) by providing financial consulting including audit management, pro forma compilations and prospectus disclosure. • Created financial projection models fora $250M healthcare client contemplating an IPO. • Prepared business plans and assisted clients in accessing investment funds. Industries include pharmaceutical, retail, healthcare and e-commerce (internet web-based business). • Installed a customer service call center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers. • Wrote policies and procedures manuals and practice orientation manuals that covered all company functions fora $50M healthcare client. • Created a medical record audit program that used a team of clinical and financial professionals to review a hospitals billing and medical record compliance to Medicare regulations. • Wrote business plan and assisted in securing the initial $2.OM investment for an e-commerce business. Provided operational and financial consulting while acting as CFO during the product development phase. Tactical Finance and Accounting • Prepared financial statements and financial packages for Board of Directors and Senior Management in a $100M healthcare company. Coordinated all financial information to prepare for annual audits. Performed all controllership functions including monitoring of accounts payable and payroll processing and approved all cash disbursements and bonus calculations. Reconciled accounts receivable and monitored reserve provisions. Coordinated and reconciled physical inventories_ Oversaw operations of accounts payable, accounts receivable, purchasing, payroll and general accounting areas. Lynn J. Klein Page 2 Instituted standardized controls in accounting throughout a $50M region by writing and implementing policies and procedures to comply with the provisions of the Corporate Audit Committee. Standardized accounting forms and coding to facilitate month-end closings and developed account analysis books to provide details of monthly balance sheet activity. Consolidated two $25M regions within 90 days without interruption to financial reporting, cash disbursement and payroll. Consolidated multi-state banking arrangements into several major geographic bank hubs increasing cash investments in REPOS, reducing bank fees and establishing strong bank relationships increasing service to field operations. Monitored multi-branch operating expenses and recommended reduction and cost savings measures to senior management to obtain acceptable branch profit margins. Monitored aged A/R and DSO changes and provided senior management with monthly reports to assess early warnings of potential bad debt exposure. Management Information Systems • Selected hardware, customized software by designing input screens and reports, and implemented an audit trail to convert an outsourced accounting process to and in-house system which resulted in a departmental savings and more timely and accurately reporting. • Utilized database management and mining programs to identify and monitor key business drivers and created daily real-time reporting to operators,. which assisted in day-to-day decision-making. • Upgraded the accounting system to resolve an accounts payable backlog that reduced aging of open invoices from 75 to 30 days. • Converted regional office from asingle-user system to a Novell network to facilitate accounting processes, provided more timely information to field management and accommodate business growth. Implemented an integrated payroll system utilizing ADP products to create labor analysis reports for field operators, which provided employees with real time compensation and benefit information. • Selected to chair the finance team of the MIS Strategic Planning Committee of a publicly traded healthcare company. Established definitions and requirements for amulti-million dollar systems conversion. PROFESSIONAL HISTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL 1994 -Present NOVACARE ORTHOTICS &t PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994 Controller Responsible for alt financial reporting in a $110 M division of this publicly traded healthcare company -.with 55 branch locations. Supervised a staff of eleven. GOLODETZ TRADING CORP_, New York, NY 1986 - 1989 Financial Reporting Manager Responsible for all financial reporting and cash management fora $300M privately held international commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen. EARLY EXPERIENCE "Big 8"audit division and private accounting experience in real estate and brokerage/commodities. EDUCATION AND PROFESSIONAL ORGANIZATIONS Penn State University -MBA (1999) -Finance St. John's University B.S. Accounting ()980) HFMA Member -Healthcare Financial Management Association, Florida Chapter Volunteer -Membership Committee, Professional Development Committee ~.,, a.., vv aa~~ v~.v~ r/id JUlL4JJ//i l,ll}: t_1.C.IiA ~~' _ ~ l~Ul~3 YB~~i ~ I - -'--- / l' j f`~~~ /gyp -- ~~ Y ~ ~~~~~~ - ~~~~E~ RE '~ ~ CITY QF DELEtAY gE~CFi ~~ ~ ~ 2005 ~~A I~E~D~I~ ~i~I~~I~~-TI~I~ - ~.~r~/~,l - - 7~_~ 1 I'~a1 Bu~n~ss Citf ~l ~~ _ K- 1~-o~cl~haQa: $t~scasl'h~nn~ ~ r~-$v~Sicr~.'~clct~s; +6. As~,~ou ~ reg~sferrd v ~ ?. ~•.~ ~iit;(,-'~ ~~ you i . ~ ~; 8. Tilt ali Eily &nrds on s. F~uudnnnF QuaFihcatil ~ ~, Last ~ ~d prafc i~ Csit-e yvuc pn~Sent, ._C.~~~ =~~,. i ~csc~y p zi;u~: ~;,. ~ ~av~`f sra~rmeats ace t~uc, aad I agtec and ~decstaad chat aap misstatfm~~t of mace~al Cxc~ ~ramea in ids ~~~ _ / ~ ~E ffl~!'~'C! j]1TC V f~yOA ~ i 41v L`F ~~~ ~~"'= ` ~ lX1$ ~ gun vYYY"'~~'~-~- ~n itie m t~~.tiy Q,~'s ~_e fo= a pe~ic~d of 2 yews f`rem the dam .it ~t~8 5~~'Q. ~L W~-~3C'i~}~ ~'~~C8IIC~8 7~P__~tir+sl~}w~ylp ~ :"'.:",~v i- ~;,. : "~- -J .-~~v i:r-,~.+n :~ u ~~ - - --rr _ _. y~ i - . ~ i ~~y~rY1 ~ 141e~"~'~m~w S ~- ~~ xctving? Ylcase.fiscia order of o~ YZ~~ Q1 1 ~' ~ ~ ~~ c:~s%le J~4~--~~ S~l~ ~ l r~- rte. fV~~ ~l~Ye F~ pie c~ ~~- ~- i S (~ tau xrc cuatadp saving or 2save~ {steo ovslp sr1oed (plcase iududc da.rc~~ E~ ' CL t:~L,~ C~'"'~f1~LEdct15 'sua~ ~l•`.N.t2f3~ sD~i~ ~nn hn~3- - U~'~%l___._ ' ~t eci~lopes~ and pastttaa .~ _ . ~~ query yon co sczve oa this board; (1~1eaa attach a bvief Lcs~u~a I~t 3~~Yd ~~hJ1IW~!tlI:~1 __~~,_c9T9ST L~:~~~ SF1F1~/~II~iT Bill Milner 3400 Place Valencay Delray Beach, FL 33445 561-637-8896- Professional History 2001-Present US Census Bureau- Field Representative 1999-Present Pre-Paid Legal Services, Inc. -Independent Associate 1996-1999 - Mustapha's Wadi Catering Services- Co-Owner Education B.A. Interdisciplinary Social-Sciences, USF, Tampa, FL 1 can make a meaningful contribution to the Neighborhood Advisory Board for the following :reasons: • I understand the need for and the mechanics of building consensus • Ability to work effectively with people from all backgrounds • Aware of the interests and concerns of our business community • Conscious of the limitations and the possibilities of public policy • Empathetic to the challenges to homeowners of modest means • I know what makes a community attractive to outsiders and welcoming and comfortable for its residents FEE;-~~ ~ -_t~r~ ~ 1 ~ ~~~ ~ELRAY S61CFf ~ i 1993 zoos Please tppe or print the 1. Last Name: S{} NTQ 5 2. Home Address_ ~~ pA.fi,~ 3. Legal R.esideuce: t~ t ~ EI~tdNRI!=; ..:~ SOt ~~~ 1 ~r,1 ~ ?-1 ; -~'~ ~ F'. ~?. ~=~-3 ~D rye ,R,~~,~IVEfJ Ct''~Y OF DELRAY BEACH ~ 2007 BOARD MEMBER APPLICATION~EB n CITY C~E~ ~~ /~/~ Nami~ . M~ ON UJ C'~` State Zip Code t~Ec-2l4'~f gt ~ F~ a3y~ s City Sore Zip Code 4. Ptinapal Business Address_ Gtp State Zip Code 5_ Home Phonc_ Business phone: E-Mail Address: Ce11 Phone: ~p ~ F~,t; J"71 ~ 5~2~' ? -S~Sz{ QiQ-~nf05@ Cd ~s.co~ stty ~3y 6. Date of Binh 7. Are you a registered voter? ~ ? YS f so, where are you registered? g"s"~ ~s 8. What Board(s) :are you interesrcd in serving? ~ Q ~m ~~ C O . Flease list in order of PceFerencc Ea ~i0 QfQ~Inf~l ~ZOrlirl Nti hbOrh90d ~r~P Plt2~ ~Qet/r'~r-V -; t List all City Boar on vhich you arc currently serving or Dave previauslp served: (Pleave include dams) 10. ~~ qufllifrnaorts; 11. List any r~tnce ~~~S~neS3 ~ m;n . eerrifiea.tions and licenses which you hall 5 r~tS ~1 t !~. ~Fe Nea1f~ ~'Varlq~l>° Rngt~,~J~te.~ 12. Give your present, or most recent employer, and position: ~ -C-t . ~d,wa rd5 ~+- ~~ S ~ one ~'~n-nr.~al ~iscct >+~an t I3, llescribc czpencnccs, sidlLs or knowled~ which qualify you ro serve on dais board: t (1' east attach a bIIcf resume) Se~S~,m~ a I hereby rectify that alj the about statcmcnra ste true, and I agree and understand chat zrry missncemenc of material faces contained in this application may cause forfeiture upon my pate of any zppoincment I may tzceive_ SIGNATU1tE `~ a ~ !~ ~ ~~~~~ Da'I7r - . _ :this applicaaoa nTill rrrnain on t31e in die City Clerk's Office for a period of 2 years from the date it was subrniacd. IC wi17 be the applictnr's zesponsi6ility to ensure chat a current ;application is on fllc- FEE ~ ~ 1~ ~ _ -_~ EL l 1HFP.=, ~ _;~~f !~, 1 ._~t~1 `,-1 ~ -l ± ~ P. ~~. ra-1 February 7, 2007 Dear City Commissioner(s), It is my pleasure to seek membership into one of the following advisory boards: Education, Planning & Zoning, Neighborhood and Site Plan & Review. As a resident of Delray Beach for the past three years, I have decided to commit myself to the betterment of this great city in which I live. As a Bexley Park resident, I know first hand the power of a city working together for its residents and hope to take part in future accomplishments. I have always been involved in communities where I live because I feel that it is crucial to take an active role and believe in the improvement of such places. I know that I will be an integral part of any of the advisory boards for which I may be selected. Some of m past experiences of leadership include serving as President of the Student Advisory Board at Gulf Coast Community College in Panama City, Florida. In this position, I oversaw a group o1~25 students in developing, coordinating & implementing activities for the college. Together, we fostered an environment for students to take active participation within our college. Not only did we promote student development and involvement, we served our community through volunteering. I am a participant in Leadership Delray and volunteer to assist the Education Foundation Committee in planning the; Annual Education Foundation Auction. This is just an introduction to playing an active role in my community. I wish to further this by serving as a member of an advisory board- It takes initiators, such as me, to help organizations succeed which I plan to do for the City of Delray. I have served on various boards throughout my educational years and comprehend the importance of dedication required of members. I now plan to include this aspect into my personal & professional life and ask that you consider me for a member of the Advisory Boards. Cordially, ~~~ Ria Santos FEE: r, : - ~r~r, ; 1 ~ 3n A G EDL,~HRDS _. SCq IS 1 X61 ; K-1 : -~ ~ ~ P . r,.~ r~.~ Ria Santos 4636 Danson Way Delray Beach, FL 33445 Tel: 561.516.0788 WORK EXPERIENCE A.G. Edwazds & Sons, Inc Boynton Beach, FL Registered Financial Associnfe Financial Cortsuttant Email: ria.santosQagedwards.com November '03 -Present + Assist individuals in developing retirement/investment strategies ~ Work with businesses in implementing Retirement Plans + Assess clients' investment needs and goals ~- Conduct educational workshops + Service clients' specific issues relating to their portfolio Aeon Corporation August '02 -September '03 Nagano, japan Foreign English 1 eacher ~- Teach conversational English to students, business professionals and housewives ~ Prepared/developed lessons unique to various levels + Worked with Japanese Teachers to develop curriculum + Helped students progress with the English language ACHIEVEMENTS £~ ORGANIZATIONS ~ Cum Laude ~ Delray Beach Chamber of ~ Student Leader of the Year Commerce E8 President -Student Activities Boazd Senior Class President ~ Phi Theta Kappa ~ VolunteEr UCF ~ Rotary International, Delray Sunrise -~ Leadership Delray participant ~H Habitat For Humanity ~ Women For Excellence -~ Catholic Counsel of Women 6i Florida Women's Business Center Advisory Board TnTAL F. ~-~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER \ ~ ~~~ DATE: AUGUST 17, 2007 SUBJECT: APPOINTMENTS TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Planning & Zoning Board. BACKGROUND The terms for Mr. Mark Krall, Mr. Francisco Perez-Azua and Mr. Charles Halberg will expire on August 31, 2007. Mr. Perez-Azua will have served an unexpired term is eligible and would like to be considered for reappointment. Mr. Halberg will have served one (1) full term is eligible and would like to be considered for reappointment. Mr. Krall will have served two (2) full terms and is not eligible for reappointment. This will create a vacancy for one (1) regular member to serve a two (2) year term ending August 31, 2009. Please be advised that Mr. James Borsos and Mr. John Miller have submitted applications and have been added as interested applicants. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Christel Silver. Mr. Seabron Smith is registered to vote in Lake Worth. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3) for three (3) regular members to serve two (2) year terms ending August 31, 2009. RECOMMENDATION Recommend appointment of three (3) regular members to the Planning and Zoning Board to serve two (2) year terms ending August 31, 2009. PLANNING & ZONING EXHIBIT "A" James Borsos Planner (also applying for the Historic Preservation Board & Site Plan Review & Appearance Board) Ronald Brito General Contractor-President (also applying for the Historic Preservation Board & Site Plan Review & Appearance Board) Rick Corbin Business Owner-President/CEO Michael D'Addio Business Owner-Real Estate/President Maura Dersh-Wissekerke Project Manager-Architecture (also applying for the Site Plan Review & Appearance Board) Joe Farkas Finance-Manager (also applying for the Historic Preservation Board) Bruce Gimmy Retail-Business Owner (also applying for the Site Plan Review & Appearance Board) Chuck Halberg Vice President-Construction Incumbent Sigurdur Hardester Sales Executive (currently serving on the Board of Adjustment) David Haycock Liability Claims Adjuster (also applying for the Site Plan Review & Appearance Board) James Houck Property Management/Real Estate/Architecture James Khalil President-Professional Engineer Johnny Kincaide Attorney (also applying for the Site Plan Review & Appearance Board) Lynn Klein Healthcare Consultant/Finance Pearl Markfield Elrod Realtor (also applying for the Historic Preservation Board & the Site Plan Review and Appearance Board) Eileen Marks Retired/Banking (currently serving on the Nuisance Abatement Board) John Miller Business Manager (also applying for the Site Plan Review & Appearance Board) Ralph Morse Retired-Photography Kenneth Peltzie Healthcare-Vice President PLANNING & ZONING EXHIBIT "A" Francisco Perez-Azua Architect-President Incumbent Mel Pollack Security-Director (also applying for the Site Plan Review & Appearance Board and the Historic Preservation Board; currently serving on the Board of Adjustment) Ria Santos Financial Consultant (also applying for the Site Plan Review & Appearance Board) Jerome Sanzone Contractor/Building Official (also applying for the Site Plan Review & Appearance Board) Cheryl Shaffner Real Estate/Accounting (also applying for the Site Plan Review & Appearance Board) Seabron Smith Executive Director Thomas Stanley Attorney (also applying for the Site Plan Review & Appearance Board) PLANNING AND ZONING BOARD 05/07 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31 /2008 Deborah Dowd Educator Office: 304-4214 Appt 08/15/06 7 NE 16~' Court Home: 276-3991 Deka Beach, FL 33444 08/31 /2008 Paul Zacks, Vice Chair Attorney Office: 355-7396 Unexp Appt 02/01/05 Reappt08/15/06 748 Place Chateau Home: 498-2298 Delray Beach, FL 33455 Cell: 307-3583 Fax: 355-7193 08/31 /2008 Joseph Pike Business Owner/ Office: 274-6500 Appt08/15/OG 315 Lake Eden Way Engineer/Environ Home: 243-0060 Delray Beach, FL 33444 mental Assessor Cell: 706-6360 Fax: 274-8558 08/31 /2007 Mark Krall, Chair Attorney Office: 276-7424 Appt 12/04/01 unexp Reappt07/22/03 1405 S Federal H #141 Home: 330-0215 Reappt 09/06/05 Delray Beach, FL 33483 Fax: 278-6909 08/31/2008 Cary Glickstein Land Use Attorney Office: 279-8952 Unexp Appt 05/]5/07 1118 Waterway Lane Home: 272-3635 Delray Beach, FL 33483 Cell: 441-0222 Fax: 279-0611 08/31 /2007 Francisco Perez-Azua Architect Office: 279-2006 Unexp Appt 04/17/07 4415 Regal Court Home: 702-0028 Delray Beach, FL 33445 Cell: 279-2006 Fax: 279-2801 08/31 /2007 Charles Halberg General Contractor Office: 498-1112 Appt 09/06/05 4870 S. Classical Blvd. Home: 637-0136 Delray Beach, FL 33445 Cell: 441-2990 Fax: 499-2814 l.ontact: Ueruse Valek, x-/U41 S/City Clerk/Board 07/Planning & Zoning i 00/il/OT l~Oti Ot:llf FAI 601I4~~T7~ oe~a~r ~ ,mss 200, C I IY CIBRIC ~+ "°i a 44.~ ~'~~ ~~~r ~~ CITY O1~ DD~.RAY REACH ~ ~ ~' ~~ BaARD MEMRlM~ AppLICATiOM ~'~~~~ ~~~~~ ~~~~ ~l~~~g a ~a,rv - 1. I~st Name: Q ~ R S O S Nats>z ~ f} ~'I L S ~ ' L~ 2 Homt 1-ddteaa: 2 3 ~ -J E Z1 sT 9TeE~T Gitp DCL,2A~ B~,¢cl• Smra F L ?" Cods ~yYY'/ 3. I,~ g,~,d~; 5 ~rM C Carp Scan ~ Code 4_ Principal Euaiw~eas Address: 38ao ~.~u~,ccMC, i?r~i~ City L.?~o~cHr~L Sru /'Y- Zip Code 3~3/ 9 S. Home Phone: gb1-906-1yY9 Buaiaese Phony: 95'Y-73o`3ob9 $-Mail Addsese: `rw~ba~s~C4o~,.1~~~ Cell Phoac 56/-906-7~y Fn=: 9sY-~s~-2~9) G. Date of Hi:th 7. Are you a registered voter' If oo, whect ue yvu rmgiat~eted? c Nu~¢ c N o /'~ T ~~' PrN•h S M r e n+rf~ ~~ 8. What Hoasd(i) are you aittte$ted is saving? Platte list iA order of pxs:fereacc St?~ea8 / ,.,r%~+ a,.1N6-- ~ A~0 ~STi~•G Pr2iS ~/~lii,J do~~ 9. I.iat all Gry ds m which you Ore cvaantly secvtng oe hnQe previoualp aeraec~ (Pleae a~dodR dais) ~ ~k 10. Eduatioaal quaH6adooa- ~,4c r~~ oFp~r nr~~~t ~c~1'~.,r 1 i. list anp related pmfeasioaal caofia4rions and licr~ea ~avhieh you ho}d c s F s~ i /~.YrF'c .E .~rc0~ ' 12 Cwt pout present, of moot zeaeat em}~loprs, Ana position: o ~ - ,~ ~ a~ QC9~,G„u r c~ T~ wiA~ Si ~~-~ 13_ bdezibe espedmora, ela'Ih of lmowledge ~vhid~ quafiCp you m ea4e on thL board: (Plm..e atnch s bcitf t+eoame) O ~ F lA~ri.y6- P QrGNC~ c' f ~ D ~ ~ AC1~ ~ E/7' c A't ~ I hereby cestifp that all the above ao,etmmta ast Lrue, sad 1 agt+oe and ut+drntaad shat sap aslsautamrns of mz:esal facts caataiaed in thm applimtion map mouse fioQfaitttee upon my pact of airy appatatmmt I may tzc~a ~'~O'~ 7 SIGN D~-'IE Note_ "I'hia spplicstion av$1 nemaia on file in the City C1rsk's OfSce fioz a period of 2 pta~ from the dntc it ~ aubsaitred_ It wt11 b: tlse applicant's seeponatbility to cnsutc that a curtest applicaaan is oa files. JaaDea E. Berws, Mgq, AICP 239 Northeast 21" Street (~i) ~,~~ Delta Beach, Florida 33444 imb+o ateeaiLe~om wry AICP -Certified Planner with over 10 years Florida experience._ Florida Building Code, landscape, site plan review and property inspections. _ _ Private planning, municipal zoning and eminent domain, Mixed use, residential, oommerciai, parks and industrial developments... Development Review Committee member, Community Appearance Board member, Technical Advisory Committee member, Planning 8t Zoning Board end City Commission preseatetion.4 Edwconorr Nova University; Doctoral of Business/Public Administration studies, l 990 Master of Business Administration (MBA} Tennessee State University, 1983 Bachelor of Arts Communication; Bowling Green State University, l 978 Florida comprehensive planning and growth management legislation 1~nowledge gal F.~cr>renoc 2005 - Present City of Lauderhill, Florida ' Entire city-wide site plan and site plan modification reviews ' Experience includes over 830 new residential units in 2 year period. ' 110-acre Central Broward Regional park and City park site plans • Mixed use review, building permits, and all occupational licenses 2003 - 2005 City of Delray Beach, Florida ' Site planner reviewing primarily site plan modifications for urban residential projects and dovantown restaurant conversions * Historic preservation planning exposure ' Architecture, landscaping and parking 1999 - 2003 Land Design South. West Palm Beach, Florida ' Eminent domain land planning emphasis for the FDOT: * State Roed 7 from the Dade-Browatd County line to Davie ' US 1 (SR-5} in St. Lucie County ' Land Development Code writing for small municipalities 1997 -1999 Land Research Management, West Palm Beach, Florida ' Comprehensive plan amendments application preparation ~' Re-zoning application preparation • Commercial land needs market studies in Palm Beach County 1982 -1997 CareerPro, Boca Raton, Florida • National Operations Manager, $15 million service company + 500-office nationwide resume writing and personnel service ' Nationwide leading sales executive management ~-+~ra~~alA~sot~r orLs American Institute of Certified Planners (AICP) American Planning Association Florida Chapter of the American Planning Association Palm Beach Planning Congress (Past Board Member) Florida Planning and Zoning Association v, ~ 1_. vo nGL ve: as r!u ~OlGiJJr r i Cl~l-Y Cl.tl(.Li ~00~ oE~w~r erwcN R ~ C ~ ~~ ~ (~ ~ ~ l ~~` ~ ~ Zoos CITY OF DELRAY 6EACH ~~~~ ® BOARD MEMBER APPL.tCAT~A'i~ ~ 1993 2007 Please rune car print the fnll.,a.in.> ;., F.,....,..:,.... 7 ~ 2 /~ - -- - 1. Last Name- a~ ; .~.~ ~ ~ Name ~o ~ ~.I ~ U V lK. 1. ,~ :.. Home Address: 1 9 8 `~E Z~ t~ }~ V~ City State 8o r~ i-on Betzc.~ ~ Zip -Code 3. Legal Residence. ~ City State 3 3 Zip Cody Sa rn ~.. 4. Principal Business Address_ City Sute Lip Code 2 5 5 q we b b /~ v~~~ Del ---a Y 8~ ~ r-~- 33~~~ 5. Home Phone: Business, Phone: E-2vlaii Address- Cell Phone: Fag: S~or- 73~- 8Z8 8 x(01- Z7~-~3)1 5~(0l •350 -076 e~rwork- ®ci,ol: 6. Date of Birrh ror-Z~9 -033 7. Arc you a registered vote=? If >o, .where arc you rcgiste:rcd? ~ - Z - ~ c~ yes 1~y~+a~ Bey ~ , F-~ S. What Boatd(s} are you inr~rested in seetring? Please list in order of Prefcrencc_ `~„ h ~ S-b ~ i c ~. ~ F~~eSCY 11 cc.. ~`o~ ~oa Y ~ ~~iE'~vc.~ i 9. List all Cit}~ 13osrds on which you ue cuucnrly stewing or have Ptcviously served lease include daces) C r ~ B ear o I - o0o Zoo 2_ 10. Lducstional qualifications- r ,~ ! 1. List as-v telared professional cerciEeations and license; .which }emu hold C6G-off?3~ FforiGla- 38 ~ ~ Cali ~n~`~ OI 3~TZ U•5• V%r Jn- Is X111 3 a>r ~ C-~g--,Q,r~ Co-~-l-r~c.c~ r' 1 ~~e hsc s 1'. Give your pttscnt, or most rcccnt c¢>ploycr, azld position: r r r r G• rC +e t !3. Describe ecPcricnccs, slnll.s or knowledge which qualify you co sere on this board: (Plate attach a beef rC5'utnc O r r G ~ >b.cG ro ~ n~ n n C f r'G J a~ and res;deh-~-,'A.- D~cl ~N,~ ~e~~4-h~o,-, of SahdowQy tJa,}vre_ ~ev,,},er• __ us YQrlOJS r'25;den~--'~i.l -"~s-br-~~--i'onS I eceby cetvfy that all die aboQC statctnen ~e true., and I egret and understand that any misstatcmcz,t of mZreuaI facts contained in this application y cause Feittxre upon. mp ptirc of arty appointment I ffa receive. ~_- 7 7 ~ ~ SIGNAIZJR& DAZE •r,tc~ - ~ ~ ~~- - ~ • ..rru~su~~. w~ ~~~_ ~u ~~ m r.[ic airy ~tcrx s vtr~ce for a penod or L yeazs tlom the date tt was submitted. It will be the applicant's responsibility co ensure chat a cutren~ application is on file. RON BRITO, GENERAL CONTRACTOR 198 S.E 27`h Avenue Boynton Beach, Florida (561) 441-1767 WORK HISTORY: 1965 -1979 Fourteen years as a framing and finish carpenter in Riverside, San Bernardino and Laguna Beach, California. Production framing on .several multi family complexes, hvusing tracts, and high quality custvm finish work Seven years as Carpenter, twu years as Leadman, jive years as Foreman on new residential and commercial projects, as well as renovations and remodeling. 1979 -1983 LICENSED BUILDING CONTRACTOR /CALIFORNIA Spent five years subconh•acting and running framing; siding, installation on multi family complexes from large contractor new single-family homes, additions, remodeling, conrmercia, improvements. Lic. B-388997 trussing, floor jvisting, and stair During this time, I contracted roofrng, and commercial tenant 1983 - 1985 Job Superintendent on custom housing in the Nashville, Tennessee area for one ~~ear. Subcontracting framing, trussing, and siding jobs for the next ttivo -years. 1986 -1989 LICENSED GENERAL CONTRACTOR/F'LORIDA Lic_ CGC-047369 Worked at "The Township " crs Punch-Out Foreman for one year. Worked for David .Tones Construction in Gleneagles, Polo Clreb as Lead Carpenter and Foreman for one year on 32 eight Alex wood Jrame multi family units. Worked for Davis Brothers as Sttperintenden! ort Brighton Lakes in Boynton Beach, building 36 wood frame duplexes. Constructed custom housing from Manalapan to .St. tl ndrews, Boca Raton. Received General Contractor's License in February 1989. 1989 -1991 LICENSED GENERAL CONTRACTOR/U.S_ frIRGIN ISLANDS Lic. 2-01392-92 Traveled to St. Croix after Hurricane Hugo for S days to bring supplies and help restore power and rater 1o units of cor~domir~iums for a.fi-iend. Agreed to come back to restore h~a~ houses. Restored fourteen residences, tx~o corrrrrtercial buildings cmd six rental trr7its. Also completed work in St. Thomas and St. John on custom homes- Acquired General Contractor's License in the 1~irgirr Islands in February 1990. Returned to Florida in July o_ f 1991 and began nex~ additions and remodeling projects. r1 fter Hurricane Andrew, I opened a _fteld office in Miami for restoration work. My Miami office completed 16 residential restorations and about 32 roofing projects. - - ~ - RON BRITO, GENERAL CONTRACTOR Page 1992 -1993 Wcrs asked to take over operations o_f Falkav Construction as General Mgr. and to tlualijy the company. 14'alkav Construction was, at that lime, under contruct with the City of Delray Beach .for the rrew Tennis Center (2.5 million-dollar contract) and wrrs engaged in school projects for districts from Lake Worth to Miami-Dade County. Alt/zough, after a thorough research, I decided not to qualify Falkav, I brought the Delray Tennis Center to substantial completion in time_for the Virginia Slim Tournament, and all of the school jobs were in lure. I994 -present Owner and President, Enterprise Contactors, Inc_ Enterprise has completed many local residential and commercial projects since it's inception, including new constuchon, additions, rerrrodeling and historical renovations (such as the Sandoway House Nature Center in Delray Reach). In August 1995, I was appointed to the Construction Board of Appeals in Delray Beaclr, arzd I was the Board's Director. fora 2 year term. !'m still serving on the Board for 2003 to 20~~ PERSONAL HISTORY: I am 57 years old married and have four children. I have two years of college, majoring in Business Management. 1 am un active: member of my church (SDA), where I have been a Deacon for 14 years and am currently a Sabhath school teacher for young adults. 1 also sit nn the Church's Building Committee. 1 own a home in Boynton Beach, where my family has lived for 19 years, and 1 am a member of the Architectural Review Board for the Vernon Heights Property t_hvrzers' Association. I am also a 18 year rrrember- of A. A. and am active on several committees. Tennis, surfing and jogging are my favorite pastimes. DELRAY BEACH 1 1 1993 zoos ~~~tr CITY OF DELRAY BEACH ~ ar,~r" ~~jj~; BOARD MEMBER APPLICATIOpIECEi~~ Please type or Print the following information: ~U~ ~ 0 205 1. Last Name: CORBIN Name RICK M.I. 2. Home Address: 719 FOXPOINTE CIRCLE City DELRAY BEACH State FL Zip Code 33445 3. Legal Residence: City State Zip Code 719 FOXPOINTE CIRCLE DELRAY BEACH FL 33445 4. Principal Business Address: City State Zip Code 60l NORTH CONGESS AVE, SUITE 434 DELRAY BEACH FL 33445 5. Home Phone: ', Business Phone: E-Mail Address: Cell Phone: fax: 561-381-1047 561-272-1027 RICK@THECORBINGROUP.COM 561-866-2321 561-272-2675 6. Are you a registered voter? YES If so, where arc you registered? DELRAY BEACH 7. What Board(s) are you interested in serving? Please list in order of preference: PLANNING & ZONING BOARD .. List all City Boards on which you are currently serving or have previously served: (Please include dates) NONE 9. Educational qualifications: CHARTERED FINANCIAL CONSULTANT 10. List any related professional certifications and licenses which you hold: NONE 11. Give your present, or most recent employer, and position; THE CORBIN GROUP, PRESIDENT/CEO 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I OWN AN EXECUTIVE BUSINESS COACHING ORGANIZATION WITH CLIENTS WORLDWIDE. FUNDAMENTAL TO RUNNING AN EFFECTIVE BUSINESS IS DEVELOPING AN EFFECTIVE PLAN I BELIEVE MY SKILL SET AND EXPERIENCE WILL BE AN ASSET TO THE BOARD AND I WISH TO CONTRIBUTE TO THE CITY IN WHICH I LIVE AND WORK. hereby certify that all the above statements are true and l agree and understand that any misstatement of material facts ontained in this application may cause forfeiture upon my part of any appointment I may receive. SIGNATURE - DATE f lfi, ~^~V'QJ Note: This ap ion will remain o ile m the City CIerk's Office for a period of 2 years from the date it was submitted. It will be the applic nt's responsibility to enswe that a current application is on file. S\CTCY\BOARD APPLICATION / ,~ thecorbingroup making the best leaders even better. July 15, 2005 City Clerk's Department 100 NW 1st Street Delray Beach, FL 33444 Board Member Application Dear sir/madam c~~~`ac~aoo5 . .. l _._". '.Y www.thecorbingroup.cam Congress Commerce Center 601 N. Congress Avenue. Suite 434 Delray Beach, FL 33445 te! 561.272.7027 fax 561.272.2675 Please find enclosed an application to be considered for the Board Member Position for the Planning and Zoning Department for the City of Delray Beach. If you would like any additional information please contact me at your convenience. Regar ~~ ¢ Ric and P Corbi President /CEO Enc. City of Delray Beach Board Member Application. Rick Corbin's passion for coaching began almost 30 years ago. After serving honorably in the United States Marine Corps for eight years with a tour in Southeast Asia, Rick attended Northwest Missouri State University. Rick earned his certification as a Chartered Financial Consultant, launching a distinguished 23-year career as a Registered Investment Advisor in the financial services industry. Rick's success as a Financial Planner was a direct result of his ability to coach senior level executives and entrepreneurs and was a prelude to the establishment of The Corbin Group. Rick's methodology and coaching style generated bottom line results for his financial planning clients and created the opportunity for them to live the life they dreamed. His effectiveness earned him an expansive financial client base, a distinguished reputation, and a listing in Who's Who in Finance and Industry. In the early `90s and in response to the increasing demand for his coaching expertise, Rick transitioned from financial planning to full-time coaching, launching The Corbin Group, an organization dedicated exclusively to providing executive business coaching to owners, presidents and senior level executives. Rick's former customers became clients and shared their successes and breakthroughs with their colleagues. Rick's vision of providing a unique and effective curriculum of seminars, workshops, courses and individual coaching has been realized and continues to evolve. _~~~..~' thecorbingroup ~,~ n~+vi krrc Tars M~s~ iaraa.•:_ oEU~-v gr:~-cH REG~1 ~ ~ CITY OF DELRAY BEACH AN 1 g 2001 J ® BOARD MEMBER APPLICATION QTY ~~°~'~~ 1993 2001 , Please type or print the following information: ~j% ~~ 1. Last Name: D ~~ n ~ `O Name M ` ~~~ M. I. 2. Home Address: ~ l,~.s S l v C~' 3. Legal Residence: 5 ~F}r~ ~ City ~ I~P.~~cc-- City Sta;e {~ State Zi Code Zip Code 4. Principal Bcusiness Address: J~~''~ City State Zip Code S. Home Phone: ~~~ Business Phone: E-Mail Address: 1`'11 C4~E(DAdcI~O Cell Phone~~3 .Coat Fax: G. Date of Birth 7. Are you a registered voter? If so, where are you registered? 8. What Board(s) are you interested in serving? Please list in order of preference: N~ 'u 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) 10. Educational qualifications: s ~ Sf4. f< o~'C.~4, 11. List any related professional certifications and licenses which you hold: L C . e -- -1-Q-~-~ . o ~ ~ 12. Give your present, or most recent employer, and position: < < C e ~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) N ~N S I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this a 'on may cause forfeiture upon my part of any appointment I may receive. /~ ~~b ~ SIGNATURE DATE L~_ Note: This application will remain on file m 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. ~EIRAI' [3EACH +~ Date Post-ir° Fix Note 7671 Ail-AtneficaClty T~~1L,~ ~~~ From ~ 1 1 c~-rir of I::,,,~~,,~ -~~:: <~, Phiu,a M Ptwur II BOARD M E ~~ '~~° 5 ~liJ ~ ~ Far. tf Far. t{ 1993 2007 Please type or print the. k~llowin~ infr>rmation: r. uulruui Il,of - M~ ~- 200 ~~ ~~ ---__ __ 1. Last Name: dER51J-wI5SF1;~RKH ~~ Name Maura D4. I. .7 2. Hoc l~dt~r~ss: SE t.l Ave Ay~t #11 CitDy elray Beach State FL ~ (•ode "~~ 4~ 3. J.,eg~l. Rcsidrncr. Same City State 7.ip Ci>dc ~. Principal Nusuless Address: Gallo Architects & Development Company 1311 Newport Center Ur, w City Deerfield Beach Suite F1 Zip Code 33dd2 5. Home Phone: 561.278.$999 Tiusincss Phonr: -954.794.0300 L-Mail Adcltess: Ma~.~rajw@aol.com Cell Phc,nc: 954.461.ti523 )rah: 954.794.0301 C. Date of fiirth 2 April 50 7. Arc ye~u a registered voter' if so, where arc yciu registered? yes $. VG'iiat Board(s) arc you intcrestc-d in serving? Please lift in order of preference: Plaruiiug & Zoning, DowntoTnm Development Authority construction bd of ApDeal~ Sp List all Ciry- Boards on which you arc aitrcntly serving car have previously scivcd: (Plc~sc include dates) Hretoric Pre~ervet on Boar -:.006 ? l0. F.ducauona] 9ualificarions: Has o aer of Arch].tecture 11. 1.,ist any related pri,fcssional eertitications and lieenscs which you hull: I?. Give your present, r,r moist =scent emYloyer, and position: Gallo Architect, k Davelot,mrnt comp, 1311 Newport C®n~er DR Deerfield Eeach Project Manager 13. Dcscrihe cxperience~, Skills or knoRdcdt;c which yu;tlify ynu r.~ serve on dus board: (Plca:c attcich a brieEresume) I have been in aspects of Architecture for over 20yrs. I have lived and or workefl in Delray sits, h zoning codes I hereby cerdly chat all the above stacemeuts arc mic, and I agree and understand chat any tnisstatcmcnt of material facts contained in this :i~pliy.s~ti n may use fnrfeiturc upon m}' part of any sppnintmcnc 1 may receive. SI(TNRTURE `~ ~ ~"~~ `- t)AT1 Note: This appiicati~,n will rcm<un oii file u~ the City Clerk's Office for a pziiod ok 2 years fri~m the date it was subnucred. It will be die applicant's r~spousibiliry to ensure chat a current application is on tilt. M ~r~ MAURA J. DERSH-WISSEKERKE 34 SF 7`j' Aveune Apt#11 Delray Beach F7 33483 561-2"1R-$94° CELL: 303-395-0329 Fr1.{pII~ 1v[_9UltAJw@~aoL.COM PROFESSIONAL EXPERIENCE: Diverse er~perience in al] aspects of Design and Project managemeltir, from initial program review thrrn e>~,h preparation of punchlist_ Marctl 2W 1-Present- Robert G Currie Partnership, Delray 8caclt Florida Project Manager Responsible for all aspects of projact, • Site and building design including applicable code research • Coordination with clients, consultants and contractors • Produetiou of contract documents and spc^.cificatons • Construction adrnistraLion Projects: St. Andrews Country Club. Duvall Place Coltdiuliumilms, Village Grande Coadittriuroums, Miami Fire Station #2, Delray Playhrntsc-Childress 'llleatre ,lone 1998- January 2001- THO~~ POPE, PA., Key West. Florida Project Architcxt Projects: Hyatt Key Wester. G20 Southard Street, Bryan Residence Truman Anne:c, Hendrick Residence 9U1 Flatrler. Woods Residence. Powell Point Bahamas. Radisson Hotel September 1997-May 1998- WYLAND ART GALLERY. Key West Florida Art ConsultandSalcsperson Assisted rnarlager with training October 1995-April 1997- LIZ CLAIBORNE Inc., New York City. New Yor1c Senior Project Designer/Manages Corporate Responsibility for all oilicea, showrooms & special projects October 1991-September 1995- LIZ CLAIBORNE Inc., New York City, Neap York Responsible for New York City and Regional offices, showrooms, offices 8c special projects Helped to developed depatvctcnt Created drawing standards and files using Autorad Projects: Atlanta Apparel Mart Showrooms and offices, New Jersey reran ofiFioes, Corporate retail display Presentation. New York Showrooms and offices for Villager, Crazy Horse, Dres_~es and Collection Studio April 1985-September 1991- Desigae~ Fore Ltd_, New Yark City, New York May 1984-March 1985- Met3ky & Zuckertaao, Verona, New Jersey June 1983 May 19$4- J5 Randolph Associates, Hackensack, Nea~ Jersey Education- New Jer9ey School of Architecture Q NCE, Newark, New Jersey 1983-Bachelor of .4rclutecture Certificates for IES for Corntnercial & industrial Lighting RCS Building Cade In&p~xor- 1Rr.2 Fsrnily dwcllin~ Sub-node Official- 1~2 Family Dwellings New York Building Code Compliance ADA Compliance ~d 1.1H~5:3t-t ~pi6~. t-` ',~.oN b3i3 ~b~ i95 'ON ~NOHd dIHScI~Fdl'dHd ~Iclcdil~~ '0 1~~30~ ldOcl~ DELRAY BEACH ana~~c ~iV~l~ t ~ ClTY OF DELRAY BEACH ~ ~ 2001 BOARD MEMBER APPLICAT ONE ~ }_ 1993 ~~ ~ @~d~ ~~: 2001 Please type or pant the following iuformatiou: ~~~/ V 1. Last Name: Farkas First Name Joe M. I. 2. Home Address: 767 NW 37T'' Ave. Dekay Beach State FL Zip Code 33445 3. Legal Residence: Same as Home Address City State lip Code 4. Principal Business Address: 4920 DU. Atlantic Ave. City Delray Beach Fl lip Code 33445 5. I-Iome Phone: 561 499 4578 Business Phone: 561 495 2770 E-lvlail Address: jfarlcas~peninsulabank Cell Phone: 561 271 7651 Fay: 561 495 9844 .cnm 6. Date of Airth 1- 25-1960 7. Are you a registered voter? Yes If so, where ari. you registered? Palm Beach County S. \~Uhat Board(s) are you interested in serving? Plcasc list in order of preference: CRA, Historic, Cotntnu ~~Growth. 9. List all City Boards on which you arc currently serving or have previously served: (Please include dates) 10. Lantana Chamber of Commerce Board member since 2006, Member since 2005_ 11. 12. Educational qualifications: Bachelor of Busine:~ Adtnirustradvn 13. List any related professional certifications and licenses which you hold: Series 7 Insurance T_icense 14. Give you= present, or most recent employer, and position: Peninsula Bash Assirant vice President 5. Descabe experiences, skills or knowledge which qualify you to serve on thi; board: (Please attach a brief resume) A passion for getting people into Homes, maintaining the historical integrity of the community and seeing this great Ciry thrive.. Working in finanaal services for 22 years I know the ui~partance of fiscal responsibility and planning to make certain of that success. My various positions have given me the opportunity to work with different people in our community from all soao-economic levels and I thrive on this diversi I hereby terrify chat all the above statements are true, and I agree and understand that any misstatement of material Eacts contauied in [his applica ~on may cause forfeiture upon my part of any appointment I may receive. 1 7-33-07 SIC= DAB Note: his application wt1] remain on file in the City Clerk's Office for a period of 2 yeas from the date it was submitted. It will he the applicant's responsibility to rnsure that a current application is on file- TOTHL F'. ~~? May-io-u~ u~:lypm rrom-1YA~hI1Nl,lUN MuIUAI +5616898506 T-182 P-o3/U3 F-809 Ja-E J. PARKAS 7 37 Northwest 37th Avenue Delray Beach, Florida 33445 {561 } 499-4;78 Cell: (561) 27'1-7651 OBJECTIVE :: eeking Management position with growth oriented organization where my skills and Experience can be utilizEd. SUMMARY OF QUAD FICATIONS Professional offerinu exceptional manaclerial, organizational and motivational experience in finance industry Proficient in coordination and implementation of multi task responsibilities • Excellent communic.3tion and public relation skills with strong emphasis on customer satisfaction • F'OSSeSS nlgh work etnlC wlltti ver~dtilily ci-~ Ncl~cveianrc • Experience in traininc, and motivating sales and service representatives Continuously exceeds goals Productive in effective; time management to ensure schedules are met •• Effective team player and proven troublesh~~oter EXPERIENCE 11!00 -Present '~'VASHINGTON MUTUp-L BANK, West Palm 13each, Florida ~assi, Vice President / ~~inancial Center Manager Hire, train and motivate staff of 15 to become effective bankers ~- Attained mortgage ar~d consumer Loan growth of 125% to 175% ~- Develop and maintain positive business relationships and community contacts •- Realized 100% goal ~~ttainment for the pass: four years 11192 - 11/00 ,>MTRUST BANK, Boc~~ Raton, Florida ~oan Officer (3/97 - 1 1/00) - Processed loans fror~i origination to closing • Produced $19 million in mortgages during Ime 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 el~phasizing problem resolution and staff development Loan Officer (1 1192 - 6/93} - Solicited builders, developers and realtors to originate loans Generated $15 million in mortgage from 1 ~~192 to 6/93 4/85 - 10!92 CALIFORNIA FEDERAL SAVINGS 8~ LOAN Branch Manager - Created customer a~Nareness by developing and implementing marketing programs and soliciting outside. business - Branch consistently :achieved over 100% ct produciiDn gcals GVVVAIIV I\ v•~~4~i wi i ~• ~v{..=• v.-.... ~.~~ .~::. ~.~.° .,_:: ~:~_~ a_ 4`~~ ._,:~G-~ . Ra~hPlnr ~f Buainess Administration VL/LO/V/ 1nU LJ. YO PM OVL[9JJf l9 ~jjr ~,1152CR ~tooa . , r REC~IV~~ t CITY OF DELRAY BEACH JAN i ~ 2001 ® BOARD MEMBER APPLICATiONCiTY CLERK ~; 9 Please or _rlnc the fullomin~ iafotm4dom; ~j/ v~ 1. Yost N l , ~~ Natnc ~~~~ ~ M I, 2 Home 3. T.egal Aaalden ~'" I,~n•.S?_ City Stan Z Code ~P 4_ Pried .. us es Zip 5. Home ~/hose= Bu c~s}~-~P ot1c/ ,~~~ ~d~s~ c~~ C Phor-c per: 6. Dart of firth ~ 7. Are you a egyetrsed voter? IE so, urhexe an you rt~stnctd? (~~/' ( ~ < ~l ` 1 . ^ ~ 8. ~t Board(e) ste you tarcraaoed in serving? Please iisc In order of ptrf~ecrncec _ 9. I.Lc all City oa ~Iveh you sre Cuctrndy er hwve ptevioaat • (Please lndudc daces) - _~_ ~ ,~ ~ ~ ~L..~_'7v-- ~ Fj ~__~L1''r'~'' 10. Bclncarlnml qualt9rsdoaa ~ -, ., ~ r~C' ~ '~cs~ ~ ~- G 11. I.iet say rdsced proEessioaal ccrdflcadons and 1tcc:iaee ~vhlch you hold tL Give your preaer~c, or moat rcccac employer, and poeidorc - Ow~ ~- ---~ `~ - t3. Desenba expeeeaoee, sldlly or lanowlcdgc Whkb yualifp yeu a~ verve on this bo¢~c+d; (Plcaec amch s brKf' n:aume) .~ i ~~~ S ~ - 4 ~ ~ _ ~ ~~~ l:~ ~~" ~_ ~' --P _ ''\21L1 ~ ~~~ I dzu all the abase sei dare and I ~r'O~ and under: d tfiac say trues ant o mane applicadon map ~3ee fotfdcurc upon my parr of any sppoinoatent I y ~ aat facet DAIS Noce T'bis application wilt remain on Arc in the City Clerk's OffloG Evr a period of 2 y~ from the dao~ it vlu submiaed It Quill be rite applicant'fg cesponaibility eo eparat ttsat a euttrat appticadoa is on file. DELRAY BEACH ~ ~1oQ1 l• All-America City CITY OF DELRAY BEACH a~ ~~-~~ r BOARD MEMBER APPLICATIO~~~ <~ ?pp~ 199 ~/a ~~ T~S..._,-.~ .~. .-,r rho ~~~~~ccnna intnrmatinn• ' 1 1C~UC lYF/~. vi raa~a~ ... a.. .~.+. ~....~ ----~.___~_____- I. Last Name: Halberg First Name: Chuck Ivi. I. 2. Home Address: 4870 S. Classical Blvd City° Delrai-Beach State: Zip Code: FL 33445 Legal Residence: Same 3 City State Zip Code . 4. Pl-incipal Biuuiess Address: 200 Congress Park City- DelrayBeach State: Zip Code: Drive Suite 206 FL 33445 5. Home Phone: Btuiness Phone: 561- E-Mail ~~ddress: Cell Phone: 561- Fax: 561-637- 561-637-0136 498-1112 chalberga bellsouth.net 441-?990 790? 6. Date of Buth: 7. Are ti~ou a registered voter? Yes If so, where are you registered? Debi}- l•1ay 3, 1957 Beach Precinct 4050 8. ~~'hat Boal-d(s} are ~-ou uiterested insect-ing% Please list iri order of preference: Plaruung & Zoning 9. List all Cit}- Boards on which yz~u :ue clu•rently serving or have previoiuly served: (Please include dares} Board of Consuilction r'~ppeaLs 2004 Plaruung £ii Zoning Board 200.5-2007 Executive Board Deltav Beach CEtamber of Commerce ti'ice Chao- of Go~•errunent Affairs Chau~ber of Commerce 10. Educational gt>illifications: Klan SCh001 gt.ldllate 1975 Numeroiu senunars and continuing education courses 11. List any related professional certifications and licenses which you hold: State of Florida Certified General Contractor 1985 12. Give your present, or most recent employer, and position: The Hoiidati Organization, Vice President I3. Describe experiences, skills or lu~o~-ledge ~•hich qualif;>jnu to serve on this board: (Please attach a brief restune) See attached I herein- certify that all the above statemenu are taste, and I agree and understand that ~ui~~ misstatement of material facts contauze~ 9E1 ~ a plic~it,~~in ~L -cause forfeiture upon m~-pa.rt of anyappoinunent I mayrecei~-e. f ~ /''`~ SI GNA D ~`~ Note: This aDQlication ~~ll remain on file in the City Clerk's Office for a period of 2 }-ears from the date it ~~as subnutted. It gill be the applicant's responsibility to ensure that a current apphcauon is on tile. 4Y?U S. Classical Bled. Dehax- Brach, FL :;3a4~ :~ccreditations Objectives Phone. i(I-6~?-(iI_( Fax ~GI-(i;?-;(ii1' L-n,:,il cholbrr,u;bclls~~uth.nrt CHARLES (CHUCK) H ALBERG Certified General Contractor State of Florida Active since 1>56 To provide my comnumih- with a residential homebuik{er whose comntinuent is to duality and care and to be an active participant in the. development, krowfh and co+ttinued success of my community-. Recent Ci~~ic Involvement Ctn'rent member Delray Beaclt Planning and Zoning Board Past member Delray Beach Board of Constntction Appeals Current Board of Director the Delray Beach Chamber of Commerce Cun-ent Vice Chairman of Delray Beach Chamber of Conunerce Govcrnntent Affairs Current [Member of Deh-av Beach Chamber of Commerce Chairmans Club Current Board of Director The friends of Delray Current Board of Director DELPAC Cu+Yent Board of Director The Colony at Delray HOA Past Participant Delray Beach Race Relations Study Group Past Participant 2007 Leadership Delray Work Experience 1997- Present Vice President for The Holiday Orbanization, Delray Beach, FL Cun-ent projects include: Colony Palms in Delray Beach, 43 luxury town homes Colony Lake its Lake «'orth, 53 luxury town homes Colony at Lake ~~'orth, upcoming 24U town home; Past Projects include: Colony at Boynton Beach- 159 single family homes Colony at De(rav Beach- 1 Sl single family homes Colony Club Apartments- 214 rental apartments and town homes Colony Presetti~e at Boynton Beach- l43 single family homes *Oversee varying person office staff (lf--?;) includin~~ ;ales, construction and customer service *Establish and control budgets and payments to subcontractors and suppliers "P[ans and pet'mittino includin~~ site }?1au approval, amendments, water, sewer, pavin<~ and drainage and huildin~ permits *Assist iu design of house plans Value engineering of plans *Scheduling and quality control 199;-1997 Arvida Homes, Weston, FL 1992-199 ~ Quality Construction, Deerfield Beach, FL 1990-1992 Southeast ,architectural. Delray Beach, FL 1955-1990 ~~'eatherfordi ~'~'allcer, V1'est Bloomfield, MI 1976-1957 Holtzman & Silverman- Plantation, FL Farmin~~ton Hills, N[I - ~. ~ __ ~ - r_ rnl DEIRAY BEACFt ~ CITY OF DELRAY BEACH ,R, BOARD MEMBER APPLICATION JAN 2 6 2007 z~ ~ ~ R~ CITY C Plca~c t ~c ur print nc~ tv1L,~tin ~ int., ~~~-1{' a _ - -- -- - 1. last N;trn,~: ~~~1 ------- - - ~l ~ Y` p t-- S TE Jr' - ~~ 1 C~ t._? 1F_ ~~ U ~' `~ .~- (r - t-ih- Jtatc %iE, l_odc ~1 ~ O ~ ~_ ~ /~ c= L.J oc? p _ ~' t ~c _ >~r ~r.~ ~ ?c~.~t ~-t 1`~ s'31>/~ S 3. I.e~al 1Zcsidcucc: ~•it~. - -- ` - t.u.c %ik, C „plc r~ ~- ~ t:= `1- Dnral.~al 1.{u:-iuc-r; :\clcjrc.:_: (iry - tir.:rt,~---- -•~ c,~c ,AVM`-~~. C o ~'_ ~- lil: S. 1 [vn]t• 1'h~:u~i.: Bu~in«> ('hnnc: I_-1`1;til :\diirc~s: t":r:(I I'lt~utc: ~-'a,t: .SG I - ~~ ~ . cf D t~` " ,~ ~ t~ , !/2~~ . 71 a t1 5 t v l- ~ iA rZ t~ t s rc lc... ~•~ ! ~1 o G • `l ~ `-l ~ -- (~. T)~tc v1 ltirtlt ?. ,Are yr,u a reC{i~tcrccl ~-cire'rr Tf ~•~>, tcheri• etc ~•<w rcl;i~-roil;: ~ ` at 1S•,nnl;~) ;rrc• yrn, intcrc<tc~l ui scil'iu*' Pk:a:;~, rs, in , r ---- --.----- -- ~. t~ ~. r,1cr of prcFr,~:nc,~: - - -- -..- ----- - -- ~ _. _ 9. Ltst all t'in• lj•,:,ra. nn ,vhu:h Y!'u arc ctrrtcntll cY, iuh ..,r h;n'c 1?t'wi•-,ua} a,•.n'cil: (1'lc:tsc inclu,lr ,.la[c~) g.> - c~ -= ,q r~ ~-_t: s -T t, ~_ ~l - ~ _ ~ c. ~ -~~ ti'ATL ~1 C, O ~. f - a o o,~ _~__J C--1~1T,c'~ ~~~:,~~t_I u S ~.c~L.t_ CC-_,~-~..._._ ~-,l r'tJ7c~_ f1~ ! --L_ ~--- --- --- - ~.__ _L. , f 11. Litt an}' rt1:,t~•J ?rvlc:;~inrt:rl ccrrihc:,ri,:,n; atti) licenses whic-h ---_---- --- 1 ~-c,u It„W: N ~ ----..... _ -- - _. .ter ~,xtr hrc sent, ~.~r n]o~t ti•Ct:nl c:n,h!"yC.~'• arui h~,iti,m: - --- -- 13- T)cxril~c c1rc,-ii ncc:, kill..._•t kuou-Icd~c u-~hic 1. yu:,Gll }•~-'v n; ~ervr on thi board: (PlcaSC attach :, l~~ric f resume) ----._ . . --- _ .. --.._ ~_.__ ~ Ct "._. A_Ij.JUS irt~:ti7 , L I~k'.NRr~ 1 hereby c, rUl} tl,a[ all the :rh,.,,- aatcnlin[> ;uc trot, :,nJ I :l};tiC arkj un..lcrstand tt,al and RLi;tHlc,hvnl ul nlatiri:tl f:,,a ccmtaincd i thi - ,,l,l, •ca nr ma r:itc;c f~>tfcittuc ul,,,n n,~- (Yart .:,f an~• al,l.~,in[mcnr. 1 mar rccciti'c. Npri.: •1•~]is ahl>lic:rri„n ~~-i11 mu.ain ~>n Flt. in the Cite t.:Icrl:' <)llic-~• l••r ~ l,cri~>c~ ,>C' ycar_frr„u tltc Jatc it wa; suhn]iftc.l. Ir •.vill I,c the ,l,l,lic;n r', ri•s~wrrsil?ilir}• ri, cat:urc than a current al?Plicatir:>t] i, utt lilc- S1G HARDESTER 43(18 I akc~+~uud Dri+'c Dcira~- l3c~ct~ T~I 31.1~ati _- QUAl,IF1CATlONS SUMMARY Phone: 1561) 706-9096 E-mail: sibh:3rdC~tCr a~tntin.i~~m Sales / Management I'rufessiunal with rnorc than I S years experience with It3(\•1, ken,x, anct Siemens in the Tcleconununicati,~ns and Infctrmatiun Technoloby Solutions husines;. A hand,-nn S81CS executive with it pf,?VCn Ifack rCU~I'd ,lf >l1CC.ciS In exi•eettlll~ sides ilnlt +alSlhnlCr Sat1~CaCltOn prc~jectiein: and meeting, goals and abjccti+cs al all Ievela nfthc r~r~ani~atir,n. PROFIF;SSION_1L F?~l'EIt1F..NCF.: SIEMENS ENTERPRISE NFTWO1t1~S. Boca Raton, Fl CnTrtnrcv'c•i~rl J~rle's alurlr+~<n". Tlvr-icln 3/03 - Preseul Kccruited bttek to Siemens to rehuilii a nine t,ersun cianrnerc:ial S3ICS learn responsiUle. li,r direC[ and channel ;ales in the Florida sevgr,iphy. Through aggressiv+ performance management and recruiting "A`. leVPl pi'ffUrm~l'S. +v;ic: ~ihlc Lc, achieve. 1?S~.'o 01 Icaltl Ot'del'S ^Umt,zl' during my second }ear. key re,ison~ for StICGe~S included f~,rus un yuaillled 181'ge OpL~QITl11Ut185, I2Y'eI'lt,lpy~' ++'rltlell sLl"at2L{IC acrounl pl;n,ninb, dnC1 apl,n,l,riate cusionter executive level sales ti,cu~. tv inrludr linr ul husinc~~ i•xeCUlivCS yc well a> tcrhn„Iug,> leaders.. NEC 13USCNESS NETWORKS SOLUTIONS, Atlanta, GA Ke~lnnirl,Sule,c :4f~irrcJS'.cr. Southc;c7sr 4/02 - 3/113 Tasked .vilh cstahlishing a business presence for NLC in the Southeast Region for voice and data int~a~truct,ire. SR-ItTing a ne++' office with senior c~eculiv~s, Qwn full P ~4t 1. respi,nsihility lix sale;, irttpli•ttti'n[lliolt and selti'lie:, SlF:n•1t~:NS TCN Ellt~i'.~~I u)tv:*~ SERVICES„1tl:uua, Gr1 ~1rnru);cr c f .S'ulcs Fcltax:rlicur 2001- 20(12 Senll~r SQlff A»I~nnlc'nl. L.ed the t(fiit"l~ ,?(a ~,?Up Uf ilCVClc?prnCnl itnd 1ntilIUCUl~tlitl deh+'el~' proCcssi~~nal~ to desiglt acrd dcli><cr a ci~ntplchcn;ivc hard and x~fi :kill: ~a(es force alrriculunt fir the most extensive prcxluct roll ixtt in company history. • Cl~misny'++•idC >ale.c force. curriculum project ++~a; coml,leted ahcfld cif >chcdulc and im f>ud~;i•t. SIFhIF_.N~ Etv~rl-~.ItrKt~r: Nt: r~4~cntkti, .Atlanta_ (.A 1999 - 2001 Soulhc'crsl JCt'~,'rUr] ;tlUT(rLf'I" Second Ic~'cl yalcy ntanagcr resfx~nsihlC for' 35 Icchnolo~;}' sales taps and sillrs enginexrs. Ch+~ncd full P&L responsibiGly Ci,r :1 63h4 revenui: scream. r11so owned s+~lutions impkmentatiuu of cntcrl,rise cummunicatil,n> inli~a>t:ructure and business applicatiim; tnr the Gcrxgia, N,+rift C:irulinit, and South Carolina markcl. • Miwcd regiiat ti,~m la>t i,1 t ~ tr, ti°' iwerlill ir- t,<-,ttor,t hn~ E><rfunnan~c in les> than tvvc, years SIG HnRHESTEK PROFESSIONAL EYI'ERIENCE (C~~ntinucd) SIEMENS ENI•lltP}(IStr Ne•Il~•URI~S, Orlando. FL Afc jnr Of,/",17tmrly Dr•vrlupnJc•lll ;ifcntn~er 1998 -1949 Senior staff aignmettt with r~sp~?nsibility for halt of the. (-)nilccl titates. Role ~+•a_; processional develuplncnt of company~s first line sales ntana~cmcnt ~,ruup and lame account closure planning. Additional rear,nibility w;~; org;~niz:~tli~nal chan~;r. agent file core ;ale.; p[cxcss r~-drsi~;n and driving lIS.9~;C/,jCeeplarlcC i,f Slcrbel 5ille~ tOICe automation [,xil acri>sS the Sales OrgilmZ1t101L • Perst~n~illy facilit<~ted Duct ?0 fortune l0U and major public sector o),lh,nurti(ii•, th;,t nsult~al in several million dolhu-S In InC'CCntellt3l IY~'c'11UC tl, thl. bUllnc;, Siemens [CN, Orlando, FL lygg _ jggg .Set/es Alrrrrrr~;,v- Managed a tetra of ten ntajor account ;ales rcprescnt<ttives covr.ring, thi central a.nd north Florid., markets. • Aw'ardrd Manager ofdtc Year, pa.,-tern Arta ~ Sicrncns ICN. 1 y9G • Fiinl~Cl Si,IE:S rC~O~nlllOn ~•Chlb' trlp 7 OUt Ot I O }'calk tor' jalC QbICCII~'t.' UvCr-aCh[rVE',ment. • Eery team member rxceed~d t OU".;• of hsigned gt.lotii ~ ;tr,3 fight years, 1993-9(i. • Recog,li~.cd 3S cO,ltpany's N~~li„nit/.Su/es <~Iiinagc'r cflhc }'ear in I'~)f> ~M, orl;utclc>, r~ Bnnac~Ft 1'ru~rcn,tc ,4/urrcrkc t•, 19.1'? l'~1',~ 198,E - 1988 !,cadetship devclopmcntal stafTassignntcnt created and implemented hranch ,:fide rn;jrkcting, pru~;rams. Served as hahon c~'Ith OtI1Cr lf~h'1 >alis E;f'iHlO ;;j ~1'Cfl a.S l'\lllTlill btlSlnesS pa,tnCr'i. SUCCCyjfl,lly orchestrated the FY I')88 branch kickt~tl ntectin~; as ..ell ;,s devised and rolled out the brtnch's reeognitii~n strttc~• f,~r ttr+t year. Mcj,~r:lc~"r,arnl.Solc~c hc•~>/'NCC7ltctrli'c'. I9.Si-ly.S" Rcpresenttxl IBM's telecommunication; product.; and Si:rvi~YS to nc:w' and existing cu~torncrs in a derJllC%Cl gec't;ra(>hlc area. Asslgnnlel-t K•a5 focused un Foriw~e 1(K) acc<-nntts as u•c11 as Florida State_ and Ia,cal govcrnntcnt aceour-ts. • Eamcd lop sale, "Club" de:i~;n:3tiin, ? Ciut of ~ yr;trs fi,r sales plan Over achirvcmrnt. XERC)X Cottr!>Rn~TION, t )rlanclu, t- L 1978 - 198~t !t•fujvr'Ac'cotlrlt.<idc:c Rey.>-•e.t•~rrrci~i,i' Sale; - copier, dupli. atur, and dcxument crtari~:m pr~:xlu. is in a defined ~;eogr<~phic area. • RFtrncd I'rc>idcnl• Club _' i)ut of 5 ye;u-., a+ 4~~ell a: nutncrOUS other aw<u'd>- and ;3Ch1C~'Cn1Cnt5. SIG HARDFSTER PROFESSIONAL E?~'PF.RIF:NCE (Continued) EDUC'AT10N Rolling Cbllrgc. V4'int~r I'~rk, Florida Psycholo~,y PltOFE:~SIONAL EI>UCATION/CUMMUNf1'Y INVOLVEMENT Bard Membrr City of Delray (3cach i3~~ard ~,f Adju>tment ('Opa -present) Beard R1cmhcr - 1 tamlet Countn_ Club H~ >~~ Leadership C~:ntrirl Fli~rida I ~>9K 1..cadcrhih (hlando I ~>~)S Angel Fli~;hr u1•Gc~,r~ia- ~~~lunterr Siemens l,eadcrship Dcvcli~pntcnt In>titute 'f)tl I Lcadcr'ylrih Institute Gust Instructor ~~01 Experienced M.utager Training (If3M, Siemens) Dcvctohing a I ligh I'c•rfornrancc Team Seminar IBM New 1`ganagcr inaiiuic Selling tc~ VI I O (Very Inrportan-: T~~h C)fficcr) Selling the Vahte Al - i icaMy ~.~~~~ CITY OF DELRAY BEACH ~~N 25 2401 ~, BOARD MEMBER APPLICATION .~~ ~;~E~~ G~. 1993 2001 Please type or print the following information: ~'I a '~~ 1. Last Name: HAYCOCK Name DAVID M. L M 2. Home Address: 3840 Majestic Palm Way City Delray Beach State FL Zip Code 33445 3. Legal Residence: 3840 Majestic Palm Way City Delray Beach State FL Zip Code 33445 4. Principal Business Address: RETIRED City State Zip Code 5. Home. Phone: 561-637-0689 Business Phone: 561-637-0689 - aI ress: DMHAYCOCK GMAIL.C Cell Phone: 926-2073 Fax: 6. Date of Birth O1/13/194T 7. Are you a registered voter? YES If so, where are you registered? Delray Beach ,FL 8: What Board(s) are you interested in serving? Please list~in `order of preference: Police & Firefighters Retirement System r f T e P lic 1 ees Rel io s o i' n 1 i a d n' Bo 'te P1 evi d ear 9. List all City. Boards on which.you are currently serving or have previously served: (Please include dates) NONE 10. Educational qualifications: BS Public Safety Administration ,I O years as a negotiator before the State of NJ PERC Certificate from Rut ers Universi in Interest Arbitration 1 1. List any related professional certifications and licenses which you hold: NJ Fire Official /Inspector, NJ -RCS buildin ins ector, FL all lines claims ad'uster 520 License 12. Give your present, or most recent employer, and position: Cambridge Integrated Services, Sr. Liability Claims Ad'uster 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) Attached here y c t that a l the above statements are true, and I agree and understand that any misstatement of material facts containe yin this applic ion may ause forfeiture upon my part of any appointment I may receive. ~; / '`~` f~ ~ 7 ~G' ~ o ~ _ SIGNATURE DATE Note: This apphcatton will remain on file m 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. David M. Haycock 3840 Majestic Palm Way Delray Beach, Florida 33445-3511 (561-637-0689) Education: Associates Degree, Fire Science Technology, June 1977, Passaic County Community college Bachelor of Science, Public Safety Administration, May 1978, William Paterson College Certificate, Labor 8c Management, Rutgers University, November 1979. Fire Official Certification, NJ Bureau. of Fire Safety, 2/ 9/87, Certification # A003628 Fire Protection Residential-Commercial Specialist, Dept. of Community Affairs, January -1991 Fire Protection Industrial-Commercial Specialist course, Essex County College, April 1991 Fire Detection & Signaling Plan Review course, Rutgers University, April 1991 Occupancy Load 8i Fire Code, Rutgers University, June 1991 Sprinkler Lab Workshop, Rutgers University, September 1991 National Fire Incident Reporting System, Rutgers University, October 1993 Public Education: Forming Coalitions, Rutgers University, and June 1993 Board of Appeals Workshop, Rutgers University, September 1994 Arson Investigation, NJ Division of Criminal Justice, September 1992. In Service Arson Investigation, NJ Division of Criminal Justice, 2/19/93-2/17/94-2/3/95 Arson for Profit Investigation, Public Agency Training Council, May 1993 Advanced Fire Investigation, NJ Division of Criminal Justice, August 1993. Practical Crime Scene Techniques, Public Agency Training Council, September 1993. Fire Cause & Determination, US Fire Administration, National Fire Academy, May 1994 Arson Detection, NJ Division of Fire Safety, National Fire Academy, October 1994 Electrical Fire Causes, Monmouth County Fire Academy, NJ IAAI, May 1994 Instructor Leve12, Live Bum, Smokehouse Endorsements, Div of Fue Safety, Cert # 101886 January 1994 Electrical Fire Dynamics Investigation, Aetna Insurance Institute, Hartford CT, March 1995 RESUME David Michael Haycock 3840 Majestic Way Delray Beach, Florida 33445 Tel: 561- 673 - 0689 Fraternal o Boca-Delray Lodge No. 171, F.& A. M. (perpetual member) Raised to the Sublime Degree of Master mason 2000 Worshipful Master 200b o Ancient Accepted Scottish Rite Valley of Lake Worth (perpetual member) Master of Ceremonies, Consistory 2003 Junior Warden, Lodge of Perfection 2005 Senior Warden, Lodge of Perfection 2006 Venerable Master Lodge of Perfection 2007 Cast Member, 13th andl4th Degrees Recipient, Double Eagle Award 2005 Recipient, Double Eagle Award Red Bar attachment 2007 Venerable Master, Knights of Saint Andrew 2007 Scottish Rite Research Society, Washington, D.C. Recipient of the Knights Commander Court of Honor from Scottish Rite Supreme Council, Washington, DC o York Rite Bodies Palm Beach Chapter No.24, RAM Secret Vault Polk County No.I 1, R&SM. Zabud .Council No.17, R&SM Palm Beach Cornmandery No.18, KT Wazder 2004 Standard Bearer 2005 Sword Beazer 2006 Polk Council No.l 1 Recipient Super Excellent Degree o A.A.O.N.M.S. Amara Shriners, Palm Beach Gardens, Florida Boca Raton Shrine Club Professional - o U.S. Marine Corps (Vietnam Conflict) 1964 - 1968 o Sheriffs Officer, Corrections 1969 -1973 o Firefighter, Captain, Inspector, Investigator 1974 -1994 Certified Fire Instructor Level II Certified Fire OfficiaUlnspector Fire Protection, Residential -Commercial Specialist Arson Investigation and Detection Advanced Fire Investigator Practical Crime Scene Techniques o Sole Owner Security Systems Company 1984-1987 o Partnership, Security Systems Company 1988-1990 Resume of David Michael Haycock continued o Agent, County Prosecutors Office, Major Crimes 1995 o Supervisor, Security Systems Company 1996 - 1999 o Investigative Specialist, Analyst, Adjuster -Bodily injury 2000--200b o Fireman's Mutual Benevolent Association (FMBA) Secretary, Local Office Chairman, State Arbitration Committee Academic - o Associate Degree, Fire Science Technology, Passaic Community College 1977 o Bachelor of Science Degree, Public Safety Administration, William Patterson College i 978 o Certificate, Labor and Management, Rutgers University 1979 Personal - o Married, Wife Linda of 39 Years Two Daughters, One Son Two Grandchildren o BPOE Lodge No. 2111 o Veterans of Foreign Wars (VFW) Jr. Vice Commander o Cub Scouts and Boy Scouts Pack and Troop Leader Hillcrest Ball Club Youth Association ,Coach Notary Public, State of Florida Chairman Sabal Lakes III HOA ,architectural review Board 1995-1999 David M. Haycock Summary by Approximated Time Frame of Duties and Responsibilities while employed by the City of Paterson, New Jersey Fire Department: 1974-1986 Firefighter Structural Firefighting, rescue, EMS, Apparatus fire pump operator, driver, and tiller man. Preformed inspections of commercial-industrial- multi-family dwellings when assigned. Maintained apparatus and fire equipment &station. 1986-1989 Acting Captain (Appointed by order of the. Chief of the Fire Department) Responsible for Engine Company personal, In charge of company tactics fighting structure fires, Effecting rescues and EMS. Assigned company personnel as required for inspection duties. Reviewed inspection reports and forwarded as needed. Community relations on a company level. Responsible for all company level reports and administrative duties. Training on company level. Responsible for fire station, assigned apparatus & equipment during tour of duty. Assumed Command of any incident when my company was first to arrive at scene, until relived by a senior officer if additional personal were responding. Handled all scheduling of company personal and minor disciplinary actions with fmal approval from the Battalion Chief. 1989-1992 Fire Inspector /Fire Instructor Assigned to Combustibles Bureau (Inspection & Investigation Division) Conducted formal inspections of residential, commercial, industrial structures to include Hospitals & nursing homes. Investigated complaints from civilians and other governmental agencies. Wrote and filled reports with findings and recommendation, issued summons as required. Appeared before the Board of Appeals when required. Issued permits collected fines and penalties. Spoke at citizen group meetings as assigned .Assigned and assisted 4 civilian inspectors & 2 firefighters that were assigned to the Inspection department. Trained department firefighters in Essential Firefighting skills. Trained Officers and firefighters in administration and enforcement of the NJ State fire code, and the Fundamentals of Inspection & basic Fire Investigation. Additional duties: Assistant Public information officer & assigned as speaker for community relations events. 1992-1994 Fire Investigator (Captain) Promoted to Captian ,Reassigned to the Combustibles Bureau (Inspection & Investigation Division) Investigated all fires occurring within city limits as to origin & cause. Interviewed witnesses, interrogated suspects, identified & collected evidence, Wrote and filled investigative reports. Testified in court as an >;xpert witness assisted the County prosecutor's office in investigation and the prosecutors with case preparation. Investigated numerous fires of suspicious origin, multiple death fires, and industrial accidents resulting in major bodily harm or death and incidents. Additional duties: Department representative to the County Juvenile Fire setters program & Assistant Public information officer DELRAY BEACH ~~ ,fiery/ U yC ~' / U CITY OF DELRAY BEACH ~ ~-~~' `~' ` ~ - BOARD MEMBER APPLICATI ~ 7 ~~~~ ® -- .1993 °~ + :" ~ , ~-.: ~ ~ £ `c,.~ 20U1 Please tppe or print the following information: 1. Last Name: ~ ~ ~ Name ~~ M I_ 2. Home Address- ~ ~ L .~(~ City Stat Zip Code 3_ Legal Residence: ~ ~~ City State Zip Code 4. Principal Business Address: City State Zip Code S. Home Phone: Business Phone: ~ ~ Address• Cell Phone: Fax: 6_ Are you a registered voter? t ~ If so, ~e~re are y~re~gist~ere~ ~~'--1-~ b 7. What Board(s) are ou interested in serving? P ease ~ in order of pCef ence: ~ ~~ ~'~ ~~~ ~,-' ~ ~~ ~ 2-D C O`~2 8. List allCty Bo Son which yo~ e i gently serving or have previ~o~~y served: (Please include dates) 9. Educational qualifications: ~~ ~ t ~ ~ ~ 1 ~ ,_v 10. List any related professional certifications and licenses which you hold: ~ ~ ~~ 11. Give your present, or most recent employer, and position: 1 12. Describe experiences, skills or knowledge which ualiEy you to serve on this board (Pl e attach a brie esume) Gt Z - ~.,~ ~Q ~ I hereby ce ~ e a o statements are true, and I agree and understand that any misstatement of matet~al facts contain rn this appli n cause forfeiture upon my part of any appointment I may receive. ` ~l ~p SIGMA DATE Note: 'T'his 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. susrresr.Rx~eoweern~rrue.~noN 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 HOUCK (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 OFWISCONSIN -Madison, Wisconsin -- 8 Business Management Classes 1971-1974 UNIVERSITY OFARIZONA -Tucson, Arizona -- Bachelor of Architecture Degree 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 staffing and employee relations to create a top notch team. -- Maintain expense controls and increase Net Operating Income. -- Able to properly oversee the selection of contractors and other vendors. -- Strong ability to administer contracts and create tenant relationships. -- Proven record of excellent internal and external customer service. -- Provide direction and leadership to various in-house and out-sourced personnel. -- Inspect and evaluate all building equipment, systems and grounds to insure that.the appearance and operations of the property meet established standards. -- Develop emergency procedures and preventative maintenance programs. -- Develop operating and capital budgets and track variances monthly. -- Manage approved capital expenditures. -- Negotiate and approve leases and contractual obligations related to the continuing operation of the property. James Houck Page 2 of 2 -Strengths & Skills FACILITY MANAGEMENT -- Able to help or take on role of Facilities Manager, when needed. -- Negotiate and manage conformity with vendor contracts. -- Understand and manage capital improvement projects. -- Understand and work with azchitectural 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 CITY OF DELRAY BEACH ~',~~'~ ~'~ ® BOARD MEMBER APPLICATION 9 2001 1993 ,~` 2001 ~~~.~ ~~~~ Please type or print the following information: 7~~j~a `3 1. Last Name: ~ ~ ~ ~, Name J~~~s M, I. 2. Home Address: City State Zi Code 3. Legal Residence: s~~ ~~ a •re City State Zip Code 4. Principal Business Address: ~-~- Gco~~c L~ u s V` 3~vc~ s~ ~.-~ s'ao City \ _ ~ ~ =~ ~ ~acL. State ~L Zip Code 33~}g3 5. Home Phone: S(o ~ -923 , ~ Business Phone: 5(~1- ~.~~~+(09 E-Mail Address: j~ihurl ~ ~ ~triK Cell Phone: ~+~a~-~~~y~ Fax: (~~-2~_yRa 6. Date of Birth ~/~~1 ~~s~ 7. Are you a registered voter? If so, where are you registered? y C S t~~1 ~.~~ ~, ~~ r 8. What Boards are you interested in serving? Please list in order of reference: Pr ~i r`t ~..i ~ ` G~ 2 C-1 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) N ~t 10. Educational qualifications: ^ 11. List any related professional certifications and licenses which you hold: ice- ,r o S S i crt o-~ ~ ~ ;~ c c ~' ~i C e ,~,~ fi'~ vC g 1. 3 ~- 12. Give your present, or most recent employer, and position: ~~c 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) `-C '~ grE S C C ~~ ~-~ I her y certify that all the above statements are true, and I agree and understand that any misstatement of material facts con ed in this application may cause forfeiture upon my part of any appointme t I m y receive. l ~ O IGNA URE DAT Note: "Plus application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 1 INTERNATIONAL CONSULTING ENGINEERS INC Excellence in Engineering Design James M. Khalil, P.E. Years of Related Experience: With ICE Inc.: 5.6 With other Firms: 22 Education- Degree(s) Year/Specialization: BS Electrical Engineering 1980, University of Texas Active Registration: Year First Registered/ Discipline: 1993 State Of Florida- PE #48637 Experience: James Khatil is a Delray Beach resident and business owner and possesses more than 27 years of experience in the building construction and design industry. In 1980, James graduated from the University of Texas with a B.S. in electrical engineering. He is registered as a Professional Engineer in seven states including Florida. His extensive experience includes Project Management and the design of electrical systems for the private sector as well as for local, state and federal governments. Throughout his career, James has designed electrical power distribution systems for medium and high voltage installations, lighting, telecommunications, lightning and fire protection systems, upgrades of electrical systems, and roadway and site lighting. His experience has involved a wide range of projects including commercial, industrial and institutional, government, military, educational, and library and housing facilities. Since 1992 James Khalil has actively working in the building and construction industry. He worked at a major engineering consulting firm as a Vice President and Department Director for over 10 years in Palm Beach County, Florida. Presently, Mr. Khalil is President of International Consulting Engineers Inc. ("ICE ") afull-service consulting engineering firm headquartered in Delray Beach, Florida. ICE offers professional engineering services in the related disciplines of mechanical, electrical, and plumbing design (MEP). ICE provides services for national and international clients encompassing commercial, industrial, large scale residential and institutional facilities. Page 1 of 2 July 2007 1177 George Bush Boulevard, Suite 500 Delray Beach, FL 33483-7288 T: 561.278.9969 F: 561.278.9925 ice INTERNATIONAL CONSULTING ENGINEERS INC Excellence in Engineering Design References: Mr. Rabih Boueri Boueri Engineers, Inc. 1045 E. Atlantic Avenue, Suite# 314 Delray Beach, FL 33483 (S61) 278-3880 Mr. Gary Eliopoulos, AIA Eliopoulos & Associates 205 George Bush Boulevard Delray Beach, Florida 33444 (561) 276-6011 Mr. Richard Hasner, President Castle Florida 150 North Swinton Avenue Delray Beach, Florida 33444 (561) 272-1207 Mr. Francisco Perez, AIA Perez Design, Inc. 4205 West Atlantic Avenue, Ste. #304 Delray Beach, FL. 33445 (561) 279-2006 Mr. Edward Zuraw, CPA 209 Southeast 5th Avenue Delray Beach, Florida 33483 (561) 272-7317 Page 2 of 2 July 2007 1177 George Bush Boulevard, Suite 500 Delray Beach, FL 33483-7288 T: 561.278.9969 F: 561.278.9925 DELRAY BEACH AII-americacity 1'993 2401 CITY OF DELRAY BEACH~'~~~~~~ BOARD MEMBER APPLICATIO't~ ~ 4 2007 Please a or rint the followin .information: .~iy- 1. Last Name: K ~ Name ol~trw~ M. I. 2. Home Address: 5~ " ~ G'~- City ti2~~ ~~-N State ~~ Zip Code 33~yy 3. Legal Residence: S-4ua City State Zip Code 4. Principal Business Address: 3g9 it • ~~+:ut~rta Ck R~ , Sr` ao~ City ~~1 ~~N State Ft< Zip Code 33y3~. 5. Home Phone: (sv~) y,y-sgy9 Business Phone: (sro~) 9aa-~y~ E-Mail Address: ~K-~~~~~~~ ~x~>z-».~ Cell Phone: Fax: ~y~)~o,o-~.~ 6. Date of Birth ~~ ~a 9 ~/4~o 7. Axe you a registered voter? If so, where are you registered? Y~ s i 9$9 7€z~ Px+l. ` rr~c~Ptc, ~du~IS 8. What Boards} are you interested in serving? Please list in order of preference: ~ ~ Z 30~, DDl4, cQ~4 " . List all City Boards on which you are currently serving or have previously served: (Please include dates) 10. Educational qualifications: ~. d . 1~oiiTt Li4'L 5u ~~c ~ ~~ s ~Lro~~ 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ES~N1~ drV rl L~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. S ~Hlr?~ SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. JOHNNY KIN•CAIDE 28 W. Flagler Street, I .l` Floor, Miami, Florida 33130 PHONE: (305) 371-96G1 -PAX: (305) 374-4058 E-MAIL: i.lcitxcaide(r1~,lkfirm~com PROFE.SfiIONAI. Ff.tii'ERiENCE 2003 to Present LOCKS & hINCATDE, LLP M[AIIU, Fla~ida I'ar•rner Specaliziirg iii entplp}nneiu law, contract disputes And gene[Al cotporate/administratit~e lasv, 7.99$ to 2003 AILERA'IAN, SENTERFITT & Tf.T_DSON, P.A_ Miami, Florida Associate Co>porate. Depar•dne-nt Negotiated attd stcuctut~d mergers slid acquisitiotTti of bu.5iness etuities; advised clients on general corporate law, employtnettt. rt~atters, applicable regulatory and administrAti~+e guidelutes; drAfted general corporate documents, acquisition agreements and related documents; dt~fted cottw.tercial. docuorent~;. Fal] 1997 FT. LAUDERDALE OFFICE. OF THE CITI.' PROSECUTOR Ft. Lauderdale, FloridA Law Clerk Researched appellate, evidentiary and congtihitional issues; drafTed 1LgA1 II1z1It01'Andfl, ©ssisted City Prosecutor in trial preparations. Summer 1997 FOURTH DISTRICT COURT OF APPEAL West Palrn. Beach, Florida St.nrt»ter- Irater-rz ~or Jr.tdge Tfi" 14t~ltt{Ee~a~ Stevenson Reviewed Appellate briefs; researched and drafted legal memoranda, drafted legal opinion. EDLTC ATION Unjve.rsi.ty of l~iiunai. School. of Ltrw, Corul C=ahles, Florida J.D., May 1998 1998 Outstanding Yotmg Men of America 199E Litigation Skills Hortots Award Florida Minority PatticipaUior~ iii Legal Education. Sd.~olar University ofMiami Scholar Phi llelre Phi Legal Honor Fracemity Freaident, Cluistiau Legal Society Florida Atlantic University, Boca Ratan, Floi-1da B.,~\. ~r Political $c:ience, Jwae 1995 Pi Sigma Alphs, National Political Sciencz Honorxr}+ I3AR ADMISSION Florida Bar, October 1998 CLIENTS REPRESENTED The RickenbACker Collections Clroup, AutoNatiott, Iuc., Republic Services, luc,, Kelistrom. Industries, Medical Manager Corporation PROFESSIONAL ASSOCIATIONS American Isar Association, National Bar Aagociatior] e CITY OF DELRAY BEACH ~~'~ ~ ~ /~ ® BOARD MEMBER APPL ~'~~~ C ~S~'1~(~ '~~~: 3 ~~~ ~~ !~~ P'~ie a or ~t the folln - informaaoa ~'° L~ _ 1. Last Name: L. ~(/ Name ~ ~~/ M I 2. Home Address- /- ~~ (~ ~~ /~ !) City .ll ~ '~ ~~,~ S ~ ~s fp ~ 3. Legal Residence: City St1te Zip Cody ~~ 4. Principal Business Address- Ci Stste Zip Code S. H nae Phone: Business Phone= irMail Address: Cell Phone: Ftic; /G~~ G 3 6. Date of Birth 7. Are you a =cgistered vour? If so, avhere are you registered? ~~iJ ~~ S.~ W4iat Board(s) arc yp~ intas~itad in eervin Please list in order of prcf+:rili..~. 9. list all City Boards on mluch you ate ctt~eadp serving or have Previoualy scrsed: (Please include Batts} 10. s A c~~cu,~ ; ,,~ ~ - ~ ~,a- 11. List any Mated professional certifitations and licenses which you hold: 12. Give~our~Present; oz most recent employee, anal position: / i.~~/7/~o.c-G t7~ z ~~ F~-G'~ i,~,;z ,~f>?~~~ ~ciG ~i~; ~ /~f ~~ C i~9 ~1 1~Gc /Y J i'.{7- ,~~ ~ ~~' ~L'O /~1.!L ,4~s~ ~Z > j OG 3 13. Dncribo mcpQri~:3, sltllo 9,t ltno~leds~ whiob t~:~1tEy 9o to scare ..e tltit baa~dt (n1tc,E b~ueel. ~ ;,,~{ ,~„u,„} J hereby rectify [hat al! the a ove sracem~ty azo ocvc, and I agree and undcrsrsnd tltat any rttisstatetnent oF, material facts c `~ ed in dtiia application may cause forfrinuc upon my pact of any appoin cant I y receive ~( ~~3~G~ S NATURE DATE rvnrr• ~ r..a ~~Pb~-nHCn e,ill _~~ va file u, ~~ Cilr Clc.h'a Orf1CC fvr 1 pcrlOQ Of Z ye1L9 from Lh.C daCC It w3.5 subt=uttcd. L will be [}1e 9pplicznt's re=sponsibility to ensure Lhat a cuncnt application is on hle. 2007-07-30 21:48 5612433774 I moved to Delray Beach in 2000 not sure if this was the community my husband and I wanted to commit to after living in the Northeast for most of our lives. While the transition was not easy since family still resides up North, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend of peoples of all ages, races, and economic groups. A city that has pulled itself out of doldrums and is a relatively safe and embracing community complemented by the fact that it is sitting in a beautiful environment. We found that we became more active, looking forward to enjoying the beach and parks and attending the many events held in the city. We take pride in the fact that we call Delray Beach home. I am sure many of you have seen changes in this city in the past years, but the challenges the future holds can be daunting especially in protecting the assets that make Delray Beach anAll-America city. Just drive down Atlantic Avenue and not only can you see the changes in the city but you can feel the changes. While I have no experience sitting on advisory boards to a city, I feel compelled to offer what I can, to assisting the city that we now call home in some way. I am a well educated woman and spend most of my professional life advising healthcare organizations how to better their businesses, so I am confident that some of those skills and experiences can assist the challenges facing the residents of the city and those elected to manage Delray. I am attaching a professional resume to assist in your review of my application. Thank you for your consideration. Lynn Klein F~~~~I1/I~~ LYNN J. KLEIN ~~R ~ ~ 2~0~ myoptimaC~aoLcom 114 E. Lee Road ~~~~..--~~~~ Home: (5b1) 638-3517 Delray Beach, FL 33445 Fax: (561) 638-6223 CAREER SUMMARY A healthcare, business management consultant with extensive experience in the public and private sector. Areas of expertise include: - Mergers and Acquisitions - Corporate Finance - Forensic Accounting - Business Integration - Financial Analysis and Modeling - Process Improvement - Due Diligence - Cash Management - Business Development Ability to improve efficiency through systems enhancement and re-design as well as through selection, installation and maintenance of operational and financial computer systems. Ability to manage multi- functional projects. Self-motivator with exceptional interpersonal and communication skills. SELECTED ACCrJMPL15HMENTS Financial and Oaerational Business Consulting • Created and implemented a comprehensive restructuring of all purchasing and accounts payable functions and systems fora $250M healthcare client to achieve projected savings in excess of $1M in first year, reduce processing backlogs from 90 days to 3-5 days, reduce payment backlog from 120 days to 30-45 days, and provide on-line reporting to branch locations. • Created financial models in EXCEL for cash basis $16M service client to convert cash financial statements to GAAP financial statements for timely reporting to publicly held parent company. • Created a customer usage model that analyzed 10 years of data fora $20M service client. • Provided all operational and financial business integration for 12 practice acquisitions fora $50M healthcare client including systems conversions. • Assisted clients in the identification of and evaluation of potential acquisition candidates including preparation of financial and operational due diligence. • Assisted two healthcare clients in successful IPO's (in excess of $100M) by providing financial consulting including audit management, pro forma compilations and prospectus disclosure. • Created financial projection models fora $250M healthcare client contemplating an IPO. • Prepared business plans and assisted clients in accessing investment funds. Industries include pharmaceutical, retail, healthcare and e-commerce (internet web-based business). • Installed a customer service call center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers. • Wrote policies and procedures manuals and practice orientation manuals that covered all company functions fora $50M healthcare client. • Created a medical record audit program that used a team of clinical and firancial professionals to review a hospitals billing and medical record compliance to Medicare regulations. • Wrote business plan and assisted in securing the initial $2.OM investment for an e-commerce business. Provided operational and financial consulting white acting as CFO during the product development phase. Tactical Finance and Accounting • Prepared financial statements and financial packages for Board of Directors and Senior Management in a $100M healthcare company. Coordinated all financial information to prepare for annual audits. • Performed all controllership functions including monitoring of accounts payable and payroll processing and approved alt cash disbursements and bonus calculations. Reconciled accounts receivable and monitored reserve provisions. Coordinated and reconciled physical inventories. Oversaw operations of accounts payable, accounts receivable, purchasing, payroll and general accounting areas. Lynn J. Klein Page 2 Instituted standardized controls in accounting throughout a $50M region by writing and implementing policies and procedures to comply with the provisions of the Corporate Audit Committee. Standardized accounting forms and coding to facilitate month-end closings and developed account analysis books to provide details of monthly balance sheet activity. Consolidated two $25M regions within 90 days without interruption to financial reporting, cash disbursement and payroll. Consolidated multi-state banking arrangements into several major geographic bank hubs increasing cash investments in REPOS, reducing bank fees and establishing strong bank relationships increasing service to field operations. Monitored multi-branch operating expenses and recommended reduction and cost savings measures to senior management to obtain acceptable branch profit margins. Monitored aged A/R and DSO changes and provided senior management with monthly reports to assess early warnings of potential bad debt exposure. Management Information Systems • Selected hardware, customized software by designing input screens and reports, and implemented an audit trait to convert an outsourced accounting process to and in-house system which resulted in a departmental savings and more timely and accurately reporting. • Utilized database management and mining programs to identify and monitor key business drivers and created daily real-time reporting to operators, which assisted in day-to-day decision-making. • Upgraded the accounting system to resolve an accounts payable backlog that reduced aging of open invoices from 75 to 30 days. • Converted regional office from asingle-user system to a Novell network to facilitate accounting processes, provided more timely information to field management and accommodate business growth. Implemented an integrated payroll system utilizing ADP products to create labor analysis reports for field operators, which provided employees with real time compensation and benefit information. • Selected to chair the finance team of the MIS Strategic Planning Committee of a publicly traded healthcare company. Established definitions and requirements for amulti-million dollar systems conversion. PROFESSIONAL HISTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL 1994 -Present NOVACARE ORTHOTICS £r PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994 Controller Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company -with 55 branch locations.. Supervised a staff of eleven. GOLODETZ TRADING CORP., New York, NY 1986 - 1989 Financial Reporting Manager Responsible for all financial reporting and cash management fora $300M privately held international commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen. EARLY EXPERIENCE "Big 8"audit division and private accounting experience in real estate and brokerage/commodities. EDUCATION AND PROFESSIONAL ORGANIZATIONS Penn State University -MBA (1999) -Finance St. John's University B.S. Accounting (1980) HFMA Member -Healthcare Financial Management Association, Florida Chapter Volunteer -Membership Committee, Professional Development Committee 08/0305 K'ED 14:33 FA?C 5812493774 DEi3tAY l~Cl-t m 1993 Zoo1 -Plesse a oc . tint the 1. Iast Name: ,, ~ , L ~ G!~ I~Tame 2. Hame A , css: ,- - ~ Ci ~' r 3. Le rsidcac~ City ~~ y>7 ~ ~~-c L Mz •~ Stsr.~ Zip_Code State ~ Zip Code ~ .4. Principal Business Addtrss: Cit. } St:i(E Zip Code IC L ~~~3, Fa 5. Home Phone: Basiness Phone: FrMaii Ad ess Cell Phones G. Ace you a icgistercd voter? ~`~/ ~- ~ If so, vaktet:e arc you. re®sccrccl~ ~ ~ ` ~ ~lfC, /\ :~ 1~ 7 /W6-it ~6`~rd s) act o/u/"~i~utcccs tcd in sccviaTg? Plcuc list in cdcs pre`ccrn~c.,e~ .//-{/j- ~ 7.) ~ ~ 5 / !'? ~l~/ / O -~ ~ l~l.' I ' J~) G ~-. f -'Z 1 ~ ,"L~ ~ `_ ' ~ L ~ / mil ! ' .J i 8. I.isc all City Boards on which you air cutzcudy servins or have previously setvcd_ (['Lease include dates) ./~G>C' to" List asst' related proEessiodal ce=tifica.tions d licenses whicb you hold ,(~' ~i4 i_ i~ ~- i 1- Give yotu prescsst; o st tcce em cc, d s1 on. L eL~ctach a beef csvme) 12 Descul,c ~ettces, skills o o~~; hich ~ you tdscrve tluis lyoar c.~y~~ ~, ~ :~- z 5 'il ~ `~ ~ ,~'i2 % /% ~/-~ ~ ~i~lt-/ ~'Y/~'S /'~~ ~' ~~ i ~`~r~/:r: !~~jr? -S'!t," /2~ ~ ~.~0 '//.~f'~. ~k~ S ZU i~/1 /~/~~GI.~~1~1.CLi y/~Jc~/ LG//~~'f~ I/~`r y~/<Z-S / /-~ ~ ` /G - -~ I hereby. rift' chat all tlic above statements arc true, znd I ~u and updersdad sbat my mustace~cnC OT matcaal ficu tr~ataia this " p rion tua~%ff~~~use fotE "-uee u(~on my part of auy appo-a i may rcctive_ SIG ATURE HATE ~ Note: "L~us application viii Lemain on file in thr City C1erl~s OESce for a period of 2 years Etom the date it was submitted. Ic will be tttc applicant's Lespot:ability to epsut:c that a curicnt application is o~°Y ~,~~,~,no,, CITY CLERK ~~~ r moU~ CITY OF DEi_.f~AY 6EACH ~~~. ."~~~ BOARD MEMBER APPLICATION A~{~, _ 4 2005 ~: i ~ Gy `- ~t/ O/,'i~~ / ~ , ~h f..' ~~ / l ~°~ _~~~ _. 1. .,~ . !. g~.. nug uw u~ u.y_ uup RESUME FOR PEA.R_I_~ "BUNNY" MARKFIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REALTOR:COLDWELL BANKER REAL ESTATE (22 YEARS) PRESIDENT MERRITT PARK HOME OWNER'S ASSOC 6 YRS BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SW/NW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HAVE LIVED IN DELRAY BEACH 8 YEARS AND HAVE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. p.2 fault 04 05 03:30p DELRAY IS DEVELOPING AS A WIDESPREAD EXA_1VIPLE OF HEALTHY URBAN GROWTH AND I AM HAPPY TO BE HERE TO ENJOY IT! p.3 DELRAY BEACH ~. ~ CITY OF DELRAY BEACH ~ 91~a1 ® BOARD MEMBER APPLICATION ~~,~~.~~ 1993 ~~~ 200, ~l9 a9 Please type or print the followine information- 1. La~ t Name: ~ y Name M. I. 2. Home Address: 3~? ~ ~ ~ r~E City f ~ ,~' ~ ~- State ~ Zip Code vyr 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Faz: 6. Date of Birth 3 ~ y 1 y y 7. Are you a registered voter? ~yt~ ° `~'f so, where are you registered? 0 .S"`D 8.. What. Board{s) are you ~ to ested in se ?Please list in order f preference: ~' ,rx-E'/~t~ 9. List alt City Boards. on which you are currently serving or have previously serve .{Please include dates) 10. Educational qualifications: 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employe ,and position: ~},, _` / Ww 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 con ed in this application may cause forfeiture upon my part of any appointment I may receive. J{~ ,~^Fit~G SIGNATURE DATE Note: This apphcatton will rematn on file m 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. OELRAY BEACH o ~ o ~ CITY OF DELRAY BEACH o BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: p ~c~~o~c~ AUG 16 2007 PLANNING & ZONI~ e/r~/ 5 1. Last Name: n ,~ r r l~ ~ ~~- / V I / Name l~ ~ J ~. I. 2. Home Address: City ~_ Sta Zip Code 3. Legal Residence: ~~K.e _ City ---- -- State Zip Code 4. Principal Business Address: ~~nn 230c~ ~ Icy G~e~~a~~owvt G~~ - City j~e ~ Ia BP~~ State ~2 Zip Code 3 3 ~y5 5. Home Phone: 570- ~G~ ~l y~3 Business Phone: E-Mail Address: k~ro ~,,'1r'@ lo~~l~d~. Cell Phone: ~6~ 63z -qs y7 Fax: 6. Date of Birth oz/o ~ ~,yb~ 7. Are you a registered voter? If so, where are you registered? ~~ P~ be~~ ~ , ~~ 8. What Board(s) are you interested in serving? Please Iist in order of preference: 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) lJ i1 t,e J~ ~u•~~( ~TJ Z - 2~3 ~'/~'~a .~v~ !~/PS . I~DGC. 2Gt7 ~ - ZG~ 7~ 10. Educational qualifications: /~ ~ _, ~aG~e.L/~5 ~'e2 .NtowGt~~;~ s ~ 19~ 1 ~ a Pa ~ id~fs 2GJ~ 11. List any related professional certifi bons and licenses which you hold: _ 12. Give your present, or most recent employer, and position: ITT So~l'C~u U5~ ~~ .~~~~-/ ~~5~ yes ti1~ a 13. Describe riences, skills or knowledge which qualify you to serve on this board: (Please attac rief rJJesDDume l.Zd a- ~ ~~` ~ BTU, ~~'s~r b~ ~ `{~ GAS '~ ~- c, ~ ~ ~.,-.~ ,-~- Ihereby that all the above state eats are true, and I agree and understand that any misstateme of material facts con ed ' ~s ap tion y ca orfeiture upon my part of any appointment I ma recei e. SIG DATE ~ 2007 Note: This application will remain on file in the City Clerk's Office for a period of 2 years from th~'`~ate it w ~~~~ submitted. It will be the applicant's responsibility to ensure that a current application is on :~'~ ~~ -AmerigC' i CITY OF DELRAY BEACH 4~~~~1\/EL~ ® BOARD. MEMBER APPLICATIQ~ ~ J 2007 1993 2001 CITY CL~~~ Please or rint the followin information: 3/°z ~G ~~ 1. Last Name: ~ /1~1o62sL Name r2~ ~.~.~/E ~ I. ~ 2. Home Address: -~ ~ w U~ iP~° iz- (~~ u c~ City Cz~A QL-mil/ State f L- Zip Code -3 3c~ YS 3. Legal Residence: _~ Ciry State Zip Code /~ ~ ~'~ 4. Principal Business Address: City State Zip Code ~~~ ~ ~ ~ ~ 5. Home Phone: Business Phorfe: E-Mail Address: :ell nhdiie: - Fax: ~ ~7Z (L~~ ~ C.f: ; =- / Z~ ~ ~~ ~ & ~ ~~o [ . C~ ~ ti =/ 17 ~ 2 7 ~-- ~ C 6 SF 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? 8. What Board(s) are you interested in serving? Please list in order of preference: ~ c~c N i rG _ ~ IZ f1-N 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) /~ ~ N ~•= 10. Educational qualifications: ~t'S~ D~3 C`k-"•( t~~ G~:v/ZS~~ - !ti`A`t~ Cu2(Lo3•fdi--t,~~-~T sTr~~z 7 S~f/r,~-r 11. List any related professional certifications and licenses which you hold: C ~Ti i~c= vL~~ 1 S /I-Fti 1 " ,c' SNc= z'T~~ _ ~-~ ~ 6='L ~ ?~ 2 ~= 13 ° f~- ice'` 12. Give your present, or most recent employer, and position: ~= /n = ( v/ r-z= q-~~ 1- ~.uc= sTi.~i-p~- F'f~s Tic-~~~~~r~~z - z<.~~c co ~~c-s'l=~-~l ~-fL T 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Pleasea ttach a brief resume) / LU2I~L''L7~ ..._ Q°s~-/L~ 6j= '/~l'~-[. ZT2S {~/~L-~ OP'1 ~LZ2/'c.,. ~'A-f') c' t ~! 12~~- :op~f ~'f2i Lti1 r'G~-?G SR-_/~ ~ e~CU~~:~. S `~~A•~oN p~7 j~~~T ~ .~rz,z,¢ ~~~- >~~ 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~~~ SIGNA DATE 1 ~~«: 111„ aYpucau~n wlli remain on rile iti tree c.:tty C;ierk's (~ttice for a penod of 2 years from the date it was subnutted_ It will be the applicant's responsibility to ensure that a current application is on file. please or rmrme rouovvm mtounxuv,,. _ - l,t L 1. Last N~w-~ Peltrie N~.tne Kenneth 2. Home Address: ~ City Stnf~L ..Zip Codc . . 2260 Rabbit-Holfowe Circle Delray Beach 33ggb- . 3: Legal.Ressdencc: City State Zip Code..., . a. S ~ do . 4. I'Lincipal BuSincaa Addre33: ~-ity tate 7~p'Co s...:,T3ornc rlonc:. Bvsinoss Phorac= E_Mail Address: C_~r.11 Pt~nne: ~ ~ Fay: ~ ~6 ~ _ _ - _ ~86-384q _.. kpeltzie@yahoo.com : . - ~ •. If so, where art you regasre.red? 6. flte you- rc sT~~d u ter? ~ ~ uelrayeach; Florida . (e5 7: WhaCBoard(s) arc you inLetested in se*vin~? Please lisc in otdcrof prcfezeucc DowntownDeuelopmentAuthoriry, P1or,.;.. a~~ ~0--~-9 ~aa._'°p BRA A: I.iSi all~City Bonds onvvhic}1 you..are cuacnrly serving or have previously served:. (Please indudc datea) Planning and Zoning Board 8115/t)O to current 9. F~ucaaonal dualifications: Masters in Public HealthlAdministrative.Medicine - 10. List anp related pLOfessioual cettiGcanons and lscenscs which you.hol~i 17: Give your F.=eacnt; or most recent ernployes;.and position: Vice President. Whitsyms Nursing ttd 17 Describe zrpericnees, ~l~lls or L-nowledge .which qualify you to serve on this board: (Yleasc attach a hocf iesume) Fo Year ex erience in Heai h .care rn' ~ ;on and -ommLln4 Planning SefVed as an officer and Board Membar ^f a numhPr of r•nmmnnity.nrnani~pry, - I 1?r.,:clJy uztiCy aLaa •all rI<e aL' owe s[aKmcnt3 arc txve, nncl I sQeec and ~ir~elrs,:raud Th4C aII3' midEt0.L~CIReIIE of rrvteriil f~rrn contaialect in this applimtion~y cause forfeirurc upon my pact gf aaq appoinBnzncI map rereivc_ 1 L• Dr1:Tg SIGN URE ' :~ I Note Zhj_r application twill remain oa~:tileln the City Clerk's Office.for. a pen~>d of 2 gears.from.the elate it was submtttcd_ It vri11 be die applicants responsibility ro.ensure that a ctw:ent applicadon is on.ftle. SlCSfVfIEHK\80~2U~nPPUf...iTOf<- ' _ Sunday, May 16, 2004.max KENI~TETH GERALD PELTZIE 2260 RABBIT HOLLOWS CIRCLE DELRAY BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL EXPERIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Consulting. Firm} Federal Government Health Care Program- Analyst SPECIFIC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida 1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-1980 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 fim~). 1972-1980 Vice .President, Chi Systems, Inc {a national health care consulting firm) 1966-1972 Associate Administrator, Assistant Administrator, Sinai Hospital of Detroit (a 620 bed university affiliated teaching :hospital) 1961-1966 Budget Examiner, Bureau. of the Budget (now.the Office of Management and Budget) Executive Office oi` 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 EXPERIENCE B.A. College of Liberal Acts (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 Hospita! Association -Personal Member American College of Healthcare Executives -Fellow International Hospita! Federation -Personal Member Community .Activities Palm Beach County Health Care District, Finance Committee Crossroads, (Substance abuse support Genter) 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 DELRAY BEAC1i D ~ ~j ~~07 all~~ F E r1 , ~~ ~ ~ CITY OF DELRAY BEACH CITY ~~~'~ BOARD MEMBER APPLICATION ?to ~:. ~~/~l Please type or print the following information: Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 1. Last Name: .~t~rv.Z~ ~4ZV~ Name ~~~ Gt~O M. I. ~ 2. Home Address: d~ t5 'REGAL.. cW12Tr Ciry 't~~,,.I2.nc{ ~4C~-l State ~ Zip Code z;~= 3. Legal Residence: ~t City ~4 State ~~ Zip Code 4. Principal Business Address: ~ZoS (u. ~1Tl~At~Tlc. ,~l~ . City D~1-i~A~~ S~r4ct# State #~.- Zip Code 5. Home Phone: 56t-~o2--c~o2~ Business Phone: ~F;l-z7~-Zc7~6 E-Mail Address: c.~ ~ ~~ez~.rnc~~-~ Cell Phone: a61-~~9- 2no6 Fax: l Z"~9-Z~o1 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? ~0 6Z 8. What Board(s) are you interested in serving? Please list in order of preference: ~3.~t+tNltJ~t ff zo~tKC,, 9. List all City Boards on which you are currently serving or have previously served: (Please include dates} ~r4~C3 C i~~g-ZooZ ~ }~4-~ C,2c~Z--2006 10. Educational qualifications: ~[~~ O~ ,4.~C,-1-1 tj'i~GTVYL~ T.~C~~2F.s~ - (J?~I ~!E-Z,S ~- 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: 'P~R1EZ D~~~ 1t+lG~ t~h4T'• 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certi at_all the ove statements are true, and I agree and understand that any misstatement of material facts e ~s;pli do may cause forfeiture upon my part of any appointment I may receive.--7 i~ ~,~" ~~„ '.' ~ 1 SIGN,~TURE D ~~ i ~/mss -~ ~ .L 0 I ~~ ~~~~ a ~:€.;~~~3s.~t~i3~ Francisco Perez-Azua, AIA l~rinci~i Arcit~ct Work: 1996-Present Education: 1989-1991 1985-1988 Other Qualifications: 1998-2003 1998-2002 2002-2006 2001-Present 2003-Present 2006-Present 2000-2002 2002-2004 Memberships: Perez Design Inc. -Firm Founder, Principal Architect and President Master Of Architecture Degree -University Of Florida Bachelor Of Design -University Of Florida Pineapple Grove -Design Committee Member Delray Beach Site Plan Review and appearance Board Chairman in 2001-2002 Delray Beach Historic Preservation Board Chairman in 2003-2006 Greater Delray Beach Chamber Of Commerce Board of Directors Greater Delray Beach Chamber Of Commerce -Executive Board, Chair of Economic Development Palm Beach County Business Development Board Delray Beach Master Plan Steering Committee Delray Beach Master Plan Implementation Committee The American Institute of Architects The Urban Land Institute The International Code Council 4205 West Atlantic Avenue, Suite 304 Delray Beach, FL 33445 Phone. 561.279.2006 Fax. 561.279.2801 Uo/Q4/OJ V lt1U 1L_~~L tA1l ~ol'La.l~ir+t _VV" ~.ilr ~.LtttlL w~•..~_ ~I ~~,~~~ ` ~ CITY OF DEI.RAY BEACH ~~~~~~~;` BOARD MEMBER APPLICATION AUG - k 2005 7993 OUl °'~ D\_.. ~. ~.. ~r r}.~ f ~~r.mrno •n Fnrn~~r\Art' ~~~~ "-~~~~ 1 Last I~Iaaicx O ~ ~~ C Nzmc 1"t I- 2 Home Address: .~ E' p 1v, ~ ,.. r '-~ ity ~2 ~~ ~rPt Since ~ F ~ Z; Cock 3 3_ r.,r_gil Residcucc ~ - d` w~ -n` . Gty Sc9[e Zip Code .4_ pnacapalI3usin~vs Addccss- Cate State - 71p Codc S- I-Iomc Phoac Buvnrss Phone E-Mail tLddzcss: Cell Yhnuc F~ G_ Arc you a repjsteced voerr? \/~ - t, If so, Where zra cegis~ ecl~ J t, C'~ 7_ What Boards}•arc you incacsccd in scrPingl Plc~.c Luc in ocdQ of prcCcrcacG 8. c C+ Donrds oa ~liic6 arc currrn acsviag or have previous Qcrmr~ (Plasc ind do Batts) Btu c F ~- ~ ~-. C - 9. Fiducacional giraL6rsaorL:- ~ __ ~ ~~ . ~co .~. a ...,.: c.s• ` ~J u..Q ro.~ ~ ~,~ G --~. J ~o e.t,r i ~... list nay related profcasional fic~tion6 snd licer~es wbich you hoicL- 11. Give your present, or most ccccar c~Ploycr, and position- - aG~ ,~i~~.i v ~,.~c~i~ .~ ~ ~' ~'> ~' Drsa~Sjc c~erimces, clalln or knowledge wtu qu-zt}Iy you eo serv~-e/~on bmz3 (Pleas amch a beieE resazme) bt J ~"~~ ~r r flJ rJ .b~ ~~f ~ r'~tL~ r I hcccby cet~nfy chat sll tt~c xbovc scicrmcl-o arc true, and I a~}[ec e.ad vndararaad ~t any inlssntenzcac of matmal facrs ooacaincd iu d3is ap lieaaoo ~z c~uac forfucure upon my pact of any zppoioamrnc I ,m2y receive ~1 - '~ ,E~ ur 6 D s' - SIG 7URE DATE ;.,rs ,,~~/ ~ Noes. Ibis zpplic.rioa.vill re~aia on b(c is ibe Gc CLesYs Office foe z period of 2 years fzvm chc date it aras submseeed.. Ic wtZl•bc the appli~~a~s responst-b11ity to eiasorc that a cwrmt applio~i~oa is oa 61e ~~ao.amrrcrr~,nan DFtRAY BEACH 1 ~. y 993 ?_001 P1Pa~e or print the 1. Lut Name. _~NTQ 5 2. Home Address: _ ~ (>Q lv pA-t 3. Legal Residence: C!'~'Y OF DELRAY BEACH 0 -~ ?001 BOARD MEMBER gppL~CgT10HFE8 RK CITY ALE ~nformariot~.: ON W ¢. I'rinapa) Business Address: S. Home Phone: Business Rhone: E-Mail Adc Narnz i Iq- Gty DE~2R~f City M ~i~~o9 State Zip Code Ft_ ~3Y~f S Srzre Zip Code State Zip .Code Cel] Phone: ~p ~ Fax: .STi11 -a. SQ,q,v~: r~ ~s.co~ 5(lv ~ 7 G. Dare of Birth 7. Are you s regstered voter? f so, wwhere are you registered? g ' S /~ ~S ~ ~ 1-'1'1 GG~1 ~ 8. What Board(s) zre gnu interested in se ~ ~ e roing- Please Est in order of preEecence_ E d ~-f p Pi Ct ri n; ~i '~ Z9riirt , IUti h bQrhBO d 1 Sr ~~ PIQ~ V-Qevi t° ~1 ~ Lut aU City Boards on which yuu are eurrcndy scrvuy~ or have prev;ol~ly served: (Please include dates) -~ f~ 10. Educational quulifrr~raru: 12. List any related professional eerri6eaaons and Iiecns s which you hold 5 rats r1 t ~¢. 1~~ NPatf~ +-Va~~a},l~ r~ri~~,"~-tP~ 12. Give your present, ar most recent employer, and position: ~T ~ C-~ - ~ wQ r~s r- SQh S ~ ~ e ~+'~-rtGa 1 ~jSGCI fan t I3, Describe experiences, sidlls or knowled~ which qualify you to secvc on chi: boani: ~ (P east attach a bBCf cesurne) see re S ,r m >° c;t f-~car.~rp~ I hereby cerpfy char ~ rho abo~ statcmcAts ate ~~ and I ~ctee and understand chat sny misstatement of material fans contained in this applicar;on may c~.usc forfrituce upon my Part of any zppointmenr I map tt~cive- SIGNATURE _D ~ ~~'a`'-'~ ll~iTE . - ?lus appltcanon vnll rCrr~~in on file in die City Clerk's Office for a period of 2 years from the date it was submiacd_ It will be the applicant's responsibility to ensure chat a currznt ZpPlicaaon is on file. February 7, 2007 Dear City Commissioner(s), It is my pleasure to seek membership into one of the following advisory boards: Education, Planning & Zoning, Neighborhood and Site Plan & Review. As a resident of Delray Beach for the past three years, I have decided to commit myself to the betterment of this great city in which I live. As a Bexley Park resident, I know first hand the power of a city working together for its residents and hope to take part in futtue accomplishments. I have always been involved in communities where 1 live because I feel that ii is crucial to take an active role and believe in the improvement of such places. I know that I will be an integral part of any of the advisory boards for wluch I may be selected. Some of m past experiences of leadership include serving as President of the Student Advisory Board at Gulf Coast Community College in Panama City, Florida. In this position, I oversaw a group of25 students in developing, coordinating & implementing activities for the college. Together, we fostered an environment for students to take active participation within our college. Not only did we promote student development and involvement, we served our community through volunteering. I am a participant in Leadership Delray and volunteer to assist the Education Foundation Committee. in planning the Annual Education Foundation Auction. This is just an introduction to playing an active role in my community. I wish to further this by serving as a member of an advisory board. It takes initiators, such as me, to help organizations succeed which I plan to do for the City of Delray. 1 have served on various boards throughout my educational years and comprehend the importance ofdedication required of members. I now plan to include this aspect into my personal & professional life and ask that you consider me for a member of the Advisory Boards. Cordially, ~~~~ Ria Santos Ria Santos 4636 Ranson Way Delray Beach, FL 33445 Tel: 5b1.51b.0788 WORK EXPERIENCE A.G. Edwazds & Sons, Inc Boynton Beach, FI. Registered Firta~tcial Associate Financial Cmtsultmtt Email: ria.santosQagedwards.com November '03 -Present + Assist individuals in developing retirement/investment strategies ~- Work with businesses in implementing Retirement Plans + Assess clients' investment needs and goals ~- Conduct educational workshops + Service clients" specific issues relating to their portfolio Aeon Corporation August '02 -September '03 Nagano, Japan Foreign English 7encher + Teach conversational English to students, business professionals and housewives ~ Prepared/developed lessons unique to various levels + Worked with Japanese Teachers to develop curriculum + Helped students progress with the English language ACHIEVEMENTS F~ ORGANIZATIONS ~' Cum Laude ~ Student Leader of the Year ~ President -Student Activities Board ~ Senior Class President 3Y Phi Theta Kappa ~ Volunteer UCF ~ Rotary International, Delray Sunrise ~ Delray Beach Chamber of Commerce -~ Leadership Delray participant A~ Habitat For Humanity {t' Women For Excellence -3a Catholic Counsel of Women ~ Florida Women's Business Center Advisory Board TOTHL F'. r~i.~ 03/2!07 FRI 15'6J F1~iY 5812$3~77~1 CITY t'L~:KK ~~~~~e/~~11G DELRAY BFACFi 'kf a n . MAR 2 ? 2007 ~>~~c~ C1TY 4F D1=LI2AY BEACH ~ r CITY CL~~~ • BOARD MEMBER APPLICATION 7993 2003 Please ~ or print the following information: ~~P/d / 1. i.ast Name: ~` A J~ ~ ~ /~ / v / Y J Name ~ ~ ~ ~ ~ ~ M I_ ess: 2_ Home Ad Z o ~ ~ ~4-G L,4 ~ L.~-s-~ ~. d.~ City D,CL29~ ~~o ~Y Sra ~- Zip Code 33 ~~ _ 3_ Legal Residence: G~ State Zip Code ~ ~C ~! 4. Pzincipal Business Address: City State Zip Code 1~ O /1 1`~..<~~dT c~l~ ly~L vI7 ~0.-2~.~-moo D'E~r~~ L:`~ 33 oGa 5. Home P one: Business Phone: E-Mail Address: Cell Phone: Fags: ~'~~- ~5f3-3z~9 ~~4u~T86-~6 7Q s~.,~-s~.uE~[ed R=•~'' 9~_7~-4~ - ~~- ~•~ 7~~ a G_ Date of Birth 7. Are you a registere voter? If so, where are you registere B- z7- ~,d ~-~S f.~~~~~5~~~~-~~ 8. What Board(t)iare yvu inter~:sted vi sewing? Please list in order of preferenec: ~~~.tr«4 ~~fl~ ~~~ y -S~2 G -~ List all CityBoards on ivhicb you are urrenztlys~rving or have preciously scrred: (Pleasc include dates ,J ~~ 10. Educacio,nal. qualifications: s~~ 2 - ~ ~ 11. List any related rofessional certifications and licenses which you old: 12. Give your present, or most recent employer, and position: G , T o ~ k ~.~P-vYo ~ ;~ Gff 13. Describe experiences, skills or l~pv+ledge w ~ch qualifyyou co serve on tlvs board {Pleaic attach a beef restmde) L /~'~ /C /~,Fi~.~G /nt ~ o ~~ ~~ i/VR L~ ~ ~is~ O~'~~L~..sr% ~-<to ~ .Q-~~. I hereby certify that the above ~einents are True, and .t agree and twdetstand that any IIlisst erncnt of material f acts cont~cd in this applicauan mad. cause forfeitui,e upon my pan of any appointment I may receive. ~ S AT~JRE DAi E /~`O~ Note: This applic tion will remain on file in the City Clerl~s Office for a period o • 2 years from the date it was submitted. It will be the applicant"s responsiUility to ensure chat a current application is on file. . _ _ _ _ .. _ _ . _ ..,.r ~. ~a...~ ~ .. r iti~.7G CJ.~ JEROME SANZONE 200 MACFARLANE DR DELRAY BEACH, FL_ 33483 (561)243-3299 OUTLII~IE REl_il~+fE March, 2{102 Ciry_ of Pompano Beach Building Oll'icial Present I00 E ,atlantic Blvd Pompano Beach, F1.3306I Marcia, 1989- City of Delray Beach Building Official March, 2002 100 NW I"Ave Delray Ecach, Fl. 33444 Juste, 1.986- City of Oakland Park Euiiding Official March, 1959 3650 NE 12~` Ave Oakland Park Fl. 33334 June, 2984- City of Pompano Beach Assistant Building June, 1955 141 SW 1~' Ave Official 1'orr~pano Bcach, Ft. 33060 June, 1980- Scl'f-Employed Construction Consultant & June, 1984 RR 2, Dox 816 ~ General Contractor Pompano Beach, Fl. 33067 April, 1978- General Development Corp. Director of Primary August, 1980 1 111 Soutla Bayshore Dr Housing Miami, Pl. 33131 October, 1986- American Plywood Assoc. Sr. International April, 1979 PO Box 11700 Field Scrvice$ Tacoma, R'A. 9841 i Representative August, 1965- Rinker Materials Eng. Coordinator October, 19G6 805 N. Rsilroad .Ave. . Field &. Fabrication West Palm Beach, Fl. of Project3 February, 1963- Lindsley Lumber Ca Estimation August, 1965 5tee1 Diuision , Detailing, Field Dania, Fl. Supervision, Customer Relations Apn7, 1960- Security Planning, Inc. Sales Representative Decomber, l 962 First National J3ank Bldg. Miami, Fl February, 1960- Dade County Higltwa}' Estimator & February, 1963 Design Section Designer 1 1-1'aL ! ~Y June, 1959- September, 1959 Sept. l 958- Jan., 1460 Sept., 1955_ Sept, ] 9?8 C R C Constnxtion 613 Tabor Place Investor Planning Cotp. 60 L' 42n° Street New Fork, NY TEROME SAN7_ONE 200 MACFARLANE DR. DELF.A~' BEACH, FL. 33433 (561) 243-3299 Oi_TTLINE RESUME (CONT'D) Neu York City Community College 300 Pearl St_ Brooklyn, NY United States Army Estimator & Designer Sales Representative Construction Tech., ,4BS Degree Corp of Engineers ittne, 1954- Levy & O'Keef 1`lechanical Design Sept, 1955 171 Madison Ave Ncw ~'orl;, NY 1 IY'..IL V J PROFILE Date of Birth: August 27, 1936 Marital Status: Married General Health: Excellent Military Service US Army Corps of Eng. -Honorable Discharge, 1955-1958 Certification' Florida State General Contractors License #CGC-007690 Ccnified by the Department of Professional Regulations in the Following areas: Building Code .Adtnini9trator; Structural Plans Examiner and lnspector; Electrical Plans Inspector: A4cchanical Plans Inspector Plumbing Plans Inspector C.A.B.O. Certifted Building Otlicial #923 Florida Boatd of Building Code and Standards Certificau #I 11 Aui]ding Ot~'icials Association Building Code Director Certificate #147 South Florida .Building Code Du.ilding Official, Chief Stntctural Inspector and Plans Examiner School: Nli'CCC A.S_S_ Degree in Construction Technology Organizations: Florida Atlantic Builders Association Chairman of Affordable House Committee Goveminental Affairs Committee 13uiIdcrs Association of South Florida Co-Chairman of Technical & Construction Committee Construction Specifications institute Building Officials Association of ~~, ~" _~..~ . yi. __ 1._„ _ _~v' , DU lI_L'1I'Pa Florida J1=ROME SANZONE 200 MACFARLANE DR DELRAY" BEACH, FL. PROFILE (CONT'Dl Boards: Brot+ard County Construction Industry Licensing Board Palm Beach County Building Code Adi^isory Board Palm Beach County Fire Code Advisory Board Fire Codc Board of,4djustmcnts and Appeals SBCCI By-Laws Committee S>3CCI Codc Interpretation Committee ST3CCI Existing Huildiug Code Committee SBCCI General Design Committee BOAF Resolution Committee Palm Beach County Hturicane Retrofit Committee I'almBcac.h County plumbing, Electrical and Mechanical Review Committee ICC International Building Code Structural Committee 1'ii!at 17b Languages: Italian, Spanish, Japanese and Latin L V 1LL 11 Y~ CLIEN? US Dept of Agrictilture National Homes, Inc Ryan Homes G.D:C. Heller, «~eaver Rc Assoc. Genstar ITT iEROME SANZONE Zoo IviACFARLANE DR DELRA~' BEACH, FL. 3353 CONSULTING ACrr~~T}r Su up construction companies to build nrtass housing and train Personnel in Venezuela, S.A., 3 projects started. Acquire product approvals for their system under the SBCCI and SFBC. Anal~~„e and solve construction problems. Analyze and solve construction.problems. Evaluate buildings for condo con4etsions. Developed site plait for planned community in S. Dade Evaluated strucntres at Palm Coast in Bttnncll, Fl_ Approved as expert.vitness in American Arbitt'ation and Federal Court, G-P- AnalYzc snd solve problems of construction applications. Northwood industries Advised on marketing ofconsttUCtionproducts and gained code approvals. MarChern Adttised on marketing of construction products and gained Code approvals. Everglades Chemicsl Advised on marketing of construction products and gained Code approvals. MCZ-Carter Coating Advised on marketing of construction productst and gained Code approvals. C.A. Marando Advised on marketing of construction products and gained Code approvals. florida Division of Anslyze, investigate and evaluate projects as well as testify as La•.• Enforcement An expert witness for the Construction Fraud Case - r';~ar. u r 11! 1i?! .V! ~Y 11. __ J~!Y i r~nY07 ! UV 1LL11'1•a JEROME SANZONE ' 200 MACFARLANE DR_ DELRAY' BEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS Atnctican Concrete Institute (ACI) American Institute of Timber Construction (AITC) Building Officials Association of Florida {BOAF) Building Officials Association of Palm Beach County (BOAFPBC) Duilding Officials and Code Administrators (BOCAI Construction. Specification Institute (CSI) Council of American Building Officials (CABO) Intemational Conference of Building Offcials (IC]30} Southern Building Code Congress International (SBCCI) pJtOFESSION.~L CERTIFICATIONS Broward County Board of Rules and Appeals: Building Oi~icial!' Plans Examiner Building Officials Association of Florida: Building OfficiaU Department Director Council of American Building Officials: Building Official Florida Association of Plumbing-pas-Mechanical Inspectors, Inc. State of Florida, Department of Business & Professional Regulation: .Building Officiali Codc Admitxistrator, Plans Examiner, Inspector State of Florida, Department ofl3usincss 8 Professional Regulation: General Contractor State of Florida, Florida Board of Building Codes 8 Standards Building Official RkLATED INDUSTRY ACTIVITIES Building Association of Soutb Florida: Co-Chairman. Construction & Codes Committee ] 980-31 Chairmen, Palm $each County Fire Codc Ad~•isory Board 1430-94 Chairman, Falm Beach County Fire Codc of Appeals &: Adjustments 1990-94 College of architects. Engineers & Siuveyors Seismic Committee 1968-73 Low Cost Housing Committee- Puerto Rico 1963-68 r:-i•ac uo President, Building Officials Association of Broward County 1937-8R President, Building Officials Association of Palm Bcsch County 1994-95 Southern Building Codc Congress International By-.I,at~~s Committee 1992-93 Southem Building Code Congress International Code Interpretation Committee 1944-9i Southern Building Code Conference International Existing Building Code Committee 1.995-97 Southern Building Code Conference International CTencral Design Committee 1497-1999 International Code Council ICC 1NT'ERNATIONAL BUILDING CODE_Structural Committee 1999- Pre.~ent ~~ ~~b-~ DELRAY BEACH +'- ~ ~ o ^ ~ o w rg f~ ~r~~. w" ~~_~ 2007 ,~9~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1 Last Name . : ' Name M I Shaffner Che 1 . . E 2 Home Add . ress: City State Zip Code 2953 Sabalwood Court Delra Beach FL 33445 3 Le al R id . g es ence: 2953 Sabalwood Court City State Zip Code Delray Beach FL 33445 4. Principal Business Address: City State Zip Code 700 East Atlantic, Ave. Delray Beach FL 33483 5. Home Business Phone: E-Mail Address: Cell Phone: Fax: Phone: (561) 278-2628 ceshaffner@bellsouth.net (561) 706-2138 (561) 381-7328 561 498-3651 6. Are you a registered voter? If so, where are you registered? Yes ,Precinct 7154 7. What Board(s) are you interested in serving? Please list in order of preference: Planning 8 toning, Site Plan Review and Appearance Board 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: High School Diploma, ISO and QS certifications, Business Management 10. List any related professional certifications and licenses which you hold: Real Estate Sales Associate 11. Give your present, or most recent employer, and position: Gringle, Doherty & Wheat, Inc., Commercial Agent 12. Describe experiences, skills or knowledge which qualify you to serve on this board (Please attach a brief resume) e Attached Resume I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ntained in thi a plication may cause forfeiture upon my part of any appointment I may receive. SIGNATURE DATE 3 /~ ~ ~ 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. SICTTYCLERKISOARDI APPLICATION 2953 Sabalwood Ct Delray Beach, Florida 33445 Phone: (561) 498-3651 CeB: (561) 706-2138 Email: ceshaffner@bellsouth.net Experience 2005-2006 Gringle, Doherty 8~ Wheat, Inc. Delray Beach, FL Commercial Real Estate, Realtor 2003-2004 Forex Trading Strategies Delray Beach, FL Complete accounting set-up from inception, $600,000 in sales. Including all record keeping, processing payroll, interviewing and handling all employee reviews. Accounting Manager ^ Accounts Payables ^ Acxount Receivables ^ Journal Entries ^ Reconciled Bank Statements ^ Payroll ^ Human Resources ^ Unlimited Check Signing 2001 HMY Yacht Sales Palm Beach, FL Sales Assistant ^ Sales Assistant to 5 Yacht Brokers ^ Prepared all Documents for Closing ^ Abstract of Titles ^ Bank wires. and deposits (for closings) ^ Inventory Control (Yachts) ^ Entered Listings 1986 - 2001 Flight Systems, Inc. Lewisbeny, PA Flight Systems is an automotive manufacturer and a remanufacture. We manufactured ABS units, transmission controllers for DaimlerlChrysler, Volvo, Volkswagen, GM and Ford as well as generator control and monitoring systems for Caterpillar, Cummins Diesel, Onan and Detroit Diesel Allison, In excess of 19 million in sales annual. My position at Flight Systems was Accounting Manger and Internal Auditor. Duties included all Accounts Payable, Accounts Receivable, General Ledger and managed all major accounts as well as a certified ISO14001 (environmental industry standard), QS9000 and QS9001 (automotive industry standard) internal auditor. ^ ISO9001 plus QS9000 on going training for industry standards • Developing work instructions for all phases of production ^ Implemented FEMA and procedures for company. ^ Internal Auditing (weekly) to identify non-conforming products as welt as making sure all work instructions and procedures were being followed. ^ Maintaining all Quality Records (required) ^ Assisted outside auditors on an bi-annual basis Accounting Manager ^ Aocounts Payable aging, keeping all payables within terms and negotiating discounts. ^ Set-up all records for new accounting software CMS, IBM, arranged and followed through on all go five deadlines. ^ General Ledger Account coding on all invoices ^ Voucher, posting of all invokes ^ Purchasing of all non-inventory items (building maintenance items, major equipment purchases, all company vehicles) ^ Accounts Receivable aging. ^ Collections of all past due accounts ^ Receiving and entering all cash receipts. ^ Making all cash deposits, reconciling all .EFT and wire transfers. ^ Managed major accounts for US and overseas. (Daimler Chrysler, Ford, Caterpillar, Detroit Diesel) ^ Reviewed all credit applications for business accounts. ^ Check Signing Education High School Graduate 1991 ^ Cumberland Valley High school 1991-1995 Harrisburg Area College Hbg. PA Paralegal -Intro to Para legalism, Legal Research & Writing, Domestic Relations • Business Management Continuing September 2001 Gold Coast School of R.E. BocaRaton,FL Education Real Estate License ^ ISO9001 -9014 and QS9000 Certification DELRAY BEACH o . All-America Ciiy ~~~-® 1993 2001 ~~;~p`JED CITY OF DELRAY BEAC~~pg n ~ y007 BOARD MEMBER APPLICATION CITY CLERK Please type or print the following information: ~l~/b q 1. Last Name: ~ ~ ~ Name f A d ~ M. I ~ . 2. Home Address: 51 Q ~ t _I City I . ~ a ~ 1~ Stat~ Zi Code ,~3 ~t~'~ 3. Legal Residence: 5~•4- City State Zip Code 4. Principal Business Address: '~(~ 1 W • ~ 1 t ~~ c ~ t1f nlvti~ S,-•~}z. ~~' Cary .(~~~ R,~~ {~f Jkc,~n State (~ L. Zip Code 33 y~J 5. Home Phone: ~i gt~~•~2oS Business Phone: (,1 Ssl~i-~3t$ E-Mail Address: [~~ a Ai/~ON ~ ~-ai~~ Cell Phone: 5i. S?~• 1~Z Fax: ~ 2(a5' h 6. Date of Birth ~ ~q s ~ 7. Are you a registered voter? ~{ ~ S If so, where are you registered? 1 L~~.E,, t,~~ ~-• 8. at Board(s) are you interested in serving? Please list in order of preference: ^.orHMV~: R~.d~.~o qtr' ~~x. ~1~~;~ ~d Zap, C.o~ ~~ ~cE,.w~' List all City Boards on which you are currently serving or have previously served: Pease include dates ~~bl~ c ART ~tdv~~~wy 10. Educational qualifications: .. 11. List any related professional certifications and licenses which you hold: J S St~noO~ U~ -7~lb~-G ,M~~N~ id~ ~ ne.1ViNG1 ~~J~l~' !'itJ UN',~'S ~Js~s.t~t- t~ l 12. Give your present, or most recent employer, and position: ~~•~f, Cf ~~ R• ~'c~,G~•0 ~~ R.~3~. Fwd J~~a n~~ yam. ~~' ~~. i . dit 13. Describe experiences, slaps or knowledge which qualifyyou to serve on this board: (Please attach a brief resume) ~ sSfWrc. ~nl rhANjdA~S ARCS ~i.~r+tti:'~','L~~ (~' Oct G ~u W dRcS ~A N d i N ~ Ant ~J ~ ~, -thti. ~~ .~ Cf ~~~5~ V I hereby certify that all the above statements are true, and I agree and understand that .any misstatement of material facts fsrr[~ined in this a licati may cause forfeiture upon my part of any appointment I may receive. Z~ ~~ SI ATURE DATE ~- - h Note: This application will remain on file in the City C1er3~s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SEABRON A. SMITH 7510 ANSON COURT LAKE WORTH, FL 33467 (561)968-7205 Cell: 561573-1202 Seabroni@bellsonth.net SUMMARY A Professional with a history of creating and maintaining successful linkage between the private and public sectors. Demonstrated strengths in Frogram 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 1997- Present SBA/Florida Women's Business Center 2004-Present Executive Director Private Industry Council, West Palm Beach, FL 1991 - 1997 Service Center Manager Lake Davis Apartment, Orlando; Florida 1987 - 1991 Property Manager/I.easing Agent Adelphia Cable, West Palm Beach, FL 1984 -1987 Sales Supervisor Perry Cable TV, Palm Beach Gardens, Florida 1981 - 1983 Marketing/Sales Supervisor EDUCATION Bachelor Business Administration, Albany State College, Albany, GA Associates of Arts, Florida Community College, Jacksonville, FL PROFESSIONAL MEMBERSHIPS Boazd 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 (FBIAJSteering 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 .ltt l-EIS-G[~~1b lb: 18 FR011: i•IHC t9ILLHt 1 9 THl1LE`I' ~hlc i'i_,^~ c 1 T0: ~--}'? ~ (-~ DELW4Y BEACH AIb ,~~~~ 193 4OO F. -, .c CITY OF DELRAY BEACHRECEIVED BOARD MEMBER APPLICATIC~ p'6 2006 CITY E ~~ia ~ ~'lcase l} K <)r IIIIL LCJC [vu~Jwu1 !.~a++anuvaa- 1. L sc Nam - N:uII . S a 1 2. Home Ad~} c ~: _ / t" ~ l ~ (^' 1..1~ l S[atc 7' ('ode 3. T..c~al IZesidcncc: ~C5 >_ ~~~ 4. I'iincipal I;3usiness Addrzss: a ~ ~~' ~~e City ~ Cary ,~ ~~~ Jtate Stars ~ Zip Cods ~~~~~ Gip (~c,dc ~~~~ 5. T-Iume 1'hon~' r-- Businc~s Phone: ~ ~Cv -CP ~ 3 E-Mail ,Addzcs;: ~~i~~~ir~5~~''~ Czll 1'6c~nc: l/ I'a~_: ~ ~ ~G'~ ~ lit SO, ~~Vhr 2 aJ'C Oil I T15[Cf.C ~ ~l. :1rC y0U a It~t= ~2r2d VQiC i. V~s ~~ _ ~, f)laC ~[I;1 (sl arc yOl ~n c.rc jL'Cd ll SC ti };? Please list lII e,tdCt of plctcrc E2: 9- ti, List all Ciro Rc!arils un ~~-lush y1-)u :Ire eturcncly scre•i\i~ or have 1?ICVioiJ;l~' scllred: (P3C:I~f LIlC)(1dC. darts) '.=~. Fducidona! drrl,Gfica iJ;ns: 11"i- I .isr any relacecl prokcs,ic)n 1 ccr ~fications and licenses whidi trou bold: 11. (.;ivc your present, ni: osr. -rcc CI2lployer, and posiric~n: 1'_. L~rsc17 L'c. cxl?criCn' s, ;1:~ Is nr wlcd~c wluch yu;Il i.fy yi!U CC) SClZrC on tlus hC!;Ird= 1'' 12'1SC ~7CC'lGll a bC1Cf tfJt1IT1 ~'} 1 hereby Certify rhat all I.he al>c.~*e sca[ctncncs arc true, :Ind T a~ ee and tmdcrscand ch:~r ,tny mis,I~[cmcn[ of mcltcsiat fact~e cun[+zinc c-:IJIC!n ra: Zusc forfeiture upon my P;Irc oFa»V appointment 1 may rccci.~e- ~-r c ~ -~. 1R1/ DA'IT Noce: us [ . , (... ~~•I fctn.un on file ui the (~iry- Ucrk's t_)tttrc for a penod of % years tr(~tn tt~e (late tc ivas subluitted. 1[ will. be [hc applicant's responsibiliey to ensu,:e chat a current application. is Jan tile. $'1~IT 1'i;IlRIi:N[)n I;L ttYFLIC ATIOJJ TI_tt I-~~c-~i~~~6 16:1'? FF.7=il•1:1.1H~= I9ILLH11 :~ '=;TH1 ILE'A' c61c ~ 6F_:.=;,-:1 T0: ~-t. ~ ~ ~ 7-4 MacMillan ~ Stanley, PI.LC MacMillan 6 Stanley Building 29 NE 4th Avenue Delray Beach, FL 33a83 Phone: (561) 276-fi3fi3 Fax: (561) 276-8881 tom~n macmillansianley.com Thomas M. 9tanfe~/ EducAtlon 1995-1999 Princeton University Princeton, NJ 6.A. Hlato~~- 1999-2002 Florida State University 7aDahassee, FL Juuis Doctor pro{~yslonal 2002 -Present MacMiilan 8 Stanley. PLLC Delray experl~co Beach, FL Attorney Level I Title Insurance Agent Will. Trusts and Estates Estate. and Gift Tax Real Estate closely held corporations condominium law pro~egseo~nal Member of the Florida Bar; American Bar Association: Delray Beach memberships Chamber of Commerce; Chairman's Club; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Palm Beach County Historical Society; Member of Real Property and Probate Section of the Florida Bar; Member of Elder Law Section of the Florida Bar; DELPAC Objectlva 1 am a Delray Beach native and have a vested interest in the success of Delray Beach as a downtown landowner and businessman. I feel that my skills and knowledge as a Tong time Delray native and attorney will bring added depth to many of the City of Delray Beach developmental and review boards. F' . 3 _ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~~,G~ DATE: AUGUST 17, 2007 _ SUBJECT: APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Site Plan Review & Appearance Board. BACKGROUND The terms for Mr. Conner Lynch and Mr. Andrew Youngross will expire on August 31, 2007. Mr. Lynch and Mr. Youngross will have served one (1) full term are eligible and would like to be considered for reappointment. Secondly, Ms. Carolyn Farnham has submitted her resignation from the Site Plan Review and Appearance Board effective September 1, 2007. The resignation letter is attached for your review. This creates a vacancy for one (1) regular member to serve an unexpired term ending August 31, 2008. Please be advised that Mr. James Borsos and Mr. John Miller have submitted applications and have been added as interested applicants. These requirements have been updated to reflect current code requirements. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. There is one (11 vacancy to be filled with someone that is experienced in one of the professions noted above. In addition, incumbent Andrew Youngross could be reappointed to a civil engineer slot (although he is a professional engineer and not a civil engineer). Incumbent Connor Lynch may be reappointed to one of the at large slots. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2) and Commissioner McDuffie (Seat #3) for two (2) regular members to serve two (2) year terms ending August 31, 2009, and Commissioner Montague (Seat #4) for one (1) regular member to serve an unexpired term ending August 31, 2008. RECOMMENDATION Recommend appointment of two (2) regular members to the Site Plan Review & Appearance Board to serve two (2) year terms ending August 31, 2009, and one (1) regular member to serve an unexpired term ending August 31, 2008. Carolyn Farnham 1035 S. Federal Highway Delray Harbor #401 Delray Beach, Fl 33483 July 30, 2007 David T. Harden City Manager City of Delray Beach 100 N W 1 S` Avenue Delray Beach, Florida 33444 Re: Resignation from SPRAB Dear Mr. Harden, ~~~~~ ~ u ~ 3 i ~oa~ ~i~~~ i~ ee, F~E~~~Oi~[~ JUL 3 1 2001 ~R~'Y ~!l~;~,~l,;4.~ This letter is to inform you that I am resigning as a volunteer for SPRAB effective September 1, 2007. I will return my copies of the LDR's to Estelio. Thank you for the opportunity to serve. Sincerely, Car Farnham ~/~,/a~ ~- Cc: Estelio Breto, Senior Planner Venice Cobb; Executive Assistant/Board Liaison SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT "A" Applicants with experience in the professions required: James Borsos Planner (also applying for the Planning & Zone Board & Historic Preservation Board) Ronald Brito General Contractor-President (also applying for the Historic Preservation Board & Planning & Zoning Board) Maura Dersh-Wissekerke Project Manager-Architecture (also applying for the Planning & Zoning Board) Pearl Markfield Elrod Realtor (also applying for the Planning & Zoning Board & Historic Preservation Board) Ria Santos Financial Consultant (also applying for the Planning & Zoning Board) Jerome Sanzone ContractorBuilding Official (also applying for the Planning & Zoning Board) Chris Stray Landscape Architecture & Design/Interior Design Andrew Youngross Engineer Incumbent Applicants interested in being a Citizen at Large: Gerald Franciosa Retired/Law Enforcement (also applying for the Historic Preservation Board) Bruce Gimmy Retail-Business Owner (also applying for the Planning & Zoning Board) David Haycock Liability Claims Adjuster (also applying for the Planning & Zoning Board) Johnny Kincaide Attorney (also applying for the Planning & Zoning Board) Conner Lynch Insurance Incumbent John Miller Business Manager (also applying for the Planning & Zoning Board) Mel Pollack Security-Director (also applying for the Planning & Zoning Board & the Historic Preservation Board; currently serving on the Board of Adjustment) Samuel Resnick Retired-Code Administrator/Engineer/Architect (also applying for the Historic Preservation Board) Cheryl Shaffner Real Estate (also applying for the Planning & Zoning Board) Thomas Stanley Attorney (also applying for the Planning & Zoning Board) SITE PLAN REVIEW AND APPEARANCE BOARD 01/07 TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE 08/31 /2008 Jose Aguila, Chairperson Architect Office: 276-4951 Appt 0]/03/05 Unexpired Currie, Sowards & Agutla Architect Home: 964-9377 Reappt OS/15/OG st 134 NE 1 Avenue Cell: 358-4870 Deka Beach, FL 33444 08/31 /2008 Shane Ames Designer/Architect Office: 274-6444 Unexp Appt 10/03/06 800 N. Ocean Blvd. #5 Home: 278-7056 Delray Beach, FL 33483 Fax: 274-6449 08/31/2008 Carolyn Farnham Property Mgmt./ Office: 265-3272 Appt 08/]5/06 1035 SE 6`h Avenue Executive Asst. Home: 330-8454 Dekay Beach, FL 33483 Cell: 445-5755 Fax: 265-3660 08/31 /2008 Mark Gregory, 2"d Vice Chair Real Estate Office: 716-4531 Appt ]0/]1/05 Unexpired 18 Salina Avenue #29 Home: 279-8185 Reappt08/]5/OG Dekay Beach, FL 33483 Cell: Fax: 279-8170 08/31 /2007 Conner Lynch, Vice Chair Insurance Office: 276-5221 Appt 09/06/05 315 N. Palmway Home: 588-9597 Lake Worth, FL 33460 Fax: 276-5244 Cell: 346-5058 08/31 /2008 Frances Bennett Landscape Office: 997-8070 Appt 09/05/06 1206 NE 9`h Avenue Architect Home: 276-8996 Deka Beach, FL 33483 Fax: 997-8159 08/31 /2007 Andrew Youngross Engineer Office: 274-0200 Appt 09/06/05 636 West Drive Home: 276-4403 Dekay Beach, FL 33445 Fax: 274-0222 Cell: 212-2604 Contact: Loretta Heussi, X-7040 s/c~ty c~erwB~ra ob/sPRAs 00/11/07 1~0?1 O~:lE FAd 6e124»7T~ ~~ 1 ,mss 200, CI1Y CiBRIC CIT1f OIL DELRAY REACH W Vwi ~ ~'~ BOARD ME1MiRER APPLICATtOM ~ ~~~~ G~~~` D1.~:r hnw nr n*inf rl~. ~inllr~ino inFnnrririnn- ~l~~~g i. IBS: Nance; 8 o RS o s Nsma ~~ ~ L- S M - L- 2 Home Adds~ss: 2 3 ~ I~ E 2! sT sjeE~'T Gitp DCL QA~ B«cl• Stsca r L ~~ Code ~~1Y'!~/ 3. Irgal Rraidcaoe: 5't-M C City Sma ?.~ Code i_ Pdac~a~i Huein,ese Address 3800 ~.~ue~rcc~,c~ t~~;i~ City l.~o~cNi[,L $tatc (`Z.. Zip Code 3~3/ 9 S. Hotae Phoae: s G l- gob- ~ay9 Rumness phone: y~'Y- 73D -3ob 9 E-Mail Address: - r;., bo~foj e ~o+'~.+~J. C,GtI Phon,~ s6t-qo6- ~~fy Fu: 9SY-74• -2 X91 G. Dam of Birch // 7. Are you a eegistered votr~n' If ao, avhece ~ yvu rag~st~eted? Arc, etr+~Nl~ G ciluRcN OIL T~~' ~W,l.nQs 8. W)sat Hoasd(s) are you mt~a+rsted io serving? Please list >n order of pirfacmca SP4~8 / ,..r%.d p,.l,/6- ` RfG rSTi~•G. Pr2iS t/~r~i•rr apM~/J 9. I.~t all City do as which you as cvrrrnt3y eecveng ue have pnevaualy sety~ (Pl~a.r aldorSe dais} v~k 10. F.du~~tinaal quaHHcadoas~ A '~ d On+ 1.++r t /~ J N ~,~~ rc~c cF A~ r nrrn ~-~ %~~ ~~ •W ii. I~st anp:elated pmfe~sional cesoif"ic~doos and 1ie~ea •~vhieh you hold ~ s E sf i /~,vrEc ,~ ~c0~ 12 Gs~e pour preseat, or moot ream: anplaper, smd position: o ~ ,s ~ a4 QC'~,r,.,u !' ta, Tr r,..rgC-" SJ /~-NS 13_ Uesezihe e:perlersona, aln'2;fs c-c knowledge which qumify -'~ m serve on this 6o~r~ (Plastae amcb s brief t+erRZmc) O ~ F lAAriN6- P Q/GNG~r C'r t D L .n ACI'~ / E/7~ t ~. I herelsy certify that all the above saoetneata are true, and 1 agree and vt+dttataad that say cnlsso~.teanmt of maternal ffcts metainod in thm a~rpliadtion may saws fnrfrituee upon mp put of arty aPpatrn~t I mry ~oaa ~~~~'o ~ SIGN ~~ rioa= ttua spp[icatlon will nrmam oa file m the (.;icy C3et~'s Vffiae frn a peslod of Z pearD fmm the dntc it was au5nzzimod. Ic will be the apgliazat's inepona~-bilitp to cesurc tbac i cuumt sppfication is cm ~. Jaaea E. Bonos,lriBA, AICP 239 Nortbeaet 21" S#rect ~~1) ~~~ Delray Beach, Florida 33446 jlmborwa(~hota~ail.oom AICP - Certified Planner with over 10 years Florida experience.. Florida Building Code, landscape, site plan review and property inspections.. _ Private planning, municipal zoning and eminent domain. Mixed use, residential, commercial, parks and industrial developments... Development Review Committer member, Community Appearance Board member, Technical Advisory Committee member, Planning ~ Zoning Board and Ciry Commission pres~entatioa~ ~+cation Nova University; Doctoral of Business/Public Administration studies, 1990 Master of Business Administration (MBA) Tennessee State University, 1983 Bachelor of Arts Communication; Bowling Green State University, l 978 Florida comprohensive planning and growth management legislation lrnowlydg~e ~Ol~lo~al F.a~r~in4+c 2005 -Present City of Lauderhill, Florida ' Entire city-wide site plan and site plan modification reviews ' Experience includes over 830 new residential units in 2 year period. ' 110-acre Central Broward Regional Park and City park site plans ' Mixed use review, building permits, and all occupational lieeases 2003 - 2005 City of Delray Beach, Florida ' Site planner reviewing primarily site plan modifications for urban residential projects and downtown restaurant conversions * Historic preservation planning exposure ' Architecture, landscaping end parking 1999 - 2003 Land Design South West Palm Beach, Florida . • Eminent domain land planning emphasis for the FDOT: ' State Roed 7 from the Dade-Broward County line to Davie ' US 1 (SR-5} in St. Lucie County ' Land Development Code writing for small municipalities 1997 -1999 Land Research Management, West Palm Beach, Florida ' Comprehensive plan amendments application preparation * Re-zoning application preparation ' Commercial land needs market studies in Palm Beach County 1982 -1997 CareerPro, Boca Raton, Florida ' National Operations Manager, $1S million service company ' 500-office nationwide resume writing and personnel service ' Nationwide leading sales executive management ~Ofessio~a~4~sociat~ior~s American Institute of Certified Planners (AICP) American Planning Association Florida Chapter of the American Planning Association Palm Beach Planning Congress (Past Boatel Member) Florida Planning and Zoning Association Fk~:~h1 iTH!!; i!~ 1: ~_i~r~r, :: ~,~, ~:>T. ~ : `~~ifd~,, r, l ~!~=1.~1 r.x, f' _ v~~t:~vo nEll vo:aa r!u 001LiJJ~f9 l:l1Y I.LGI(h X009 DELRAY BEwCFt R~ ~ E'v ~~ 1 ~ Z~QU ~ ~ CITY OF DELRAY 6EACH ~U~' ~~ ® BOARD MEMBER APPI.ICAT~~ GL~ 1993 2007 7 ~ 1v~~ PlCase tVDe of DIInt the foLlnwinQ infc~rmarinn• / I. ~ //77\ 1. last Name: a~ - ~ Name ~o n cLl d~.- v v M.1. '. Home Address: 19 8 ~E Z7 ~ ~ V~ Gty 8o n {-on BeQG-~ State ~~ Zip -Code 3 3 3. Legal Residence: Sa --Y. -~ City State Zip Code ~. Principal Business Addre,SS= ZSSq ulebb eve ~f-Z City Delra.,~ ~~. c~ Scare 1=~- Lip Code 33`~'v'~ 5. Home Phone: 5~~• 73~- 8828 Business, Phone. ~-- Z79-03~i E-Itifail Address: ems, work- ®aol. Cd1 Phone; s~i-3so -orb Fag: (ol - Z7 9 - 033 h- Dace of Birch ~ - Z - ~ ~ 7. Arc you a registered voter? If so, ~herc arc you registered? yes ~~-,-~~-, -~~ G~ , F~ 8. What Boatd(s} aze you interested in sctvin~,-? Please list in vrdcr of prefcrencc_ (S`b i' i C ~. ~ ~~~'SGY ~~ ~` Drti. ~Oa Y oC- ~~i!`'~ vc,~f"~ ~ 9. list all Cit}* 23oards on ~hi<}t you are cunrtnrly serving or have Ptcviouslp sesver3: lease include daces) C r Soar o 1 - o0o Zoo ~ 10. Lducznonal qualificntions- I r S 11. List any related professional ccrtiFcatians anti license, which }*,c>u hold Cbc-o~?'S~o Flort~l,~ 3$ q ~ CQIi rn;~ o~ 3°IZ U•5• V%r ;n. !s /111 3 air ~ Comer, o.~a. Cow-h-•~.c~o r' l ~~e hs~ s 12. Give your present, or most relent employer, and position: r r r r G• rL ~ '~ 13. Deswbe experiences, saolLc or knowledge which Lqualify rou c,~ serve on this board: (Plezu attach a brief resvme(1 ~ r r G ~ vstG r'D v nG{ n +~- C erG 14) 4ns~ res;deht,'a- Did ~,~ reyb~a-},~o,-, o~ Sahdo~acc.y j~1a•}-yre Cep,-}-~r ~.s Ya~1o~5 r25;den-h'a- ~~s~-or~~l-i'onS 7 eseby certify that all the above sratemen -e tme, anal I agree and understand that any missratrmen[ of mateIIZ1 facts contained in this application y cause feature upon nay part of any appointment I trice receive. c-- T 7 ~ f SIGNA7; LJRfi DATE u~ Notc_ 1 Jzrs applrcanon ~vr11 remaur on file rn the City (1uk's Uffice for a period of 2 years from the date it was submitted. It u*rll be the applicant's responslbilitp to cnsuZe that a current applicauon. is on Er)e. rear c~ u-r u-r: uop rnLerprise ~.onLractors l~bl) G !~-U~~S p. ~ RON BRITO, GENERAL CONTRACTOR I98 S.E. 27'h Avenue Boynton Beach, Florida (561) 441-1767 WORK HISTORY: 1965 -1979 Fourteen years as a framing and finish carpenter in Riverside, San Bernardino and Laguna Beach, California. Production_framing on several multi family complexes, hvuring tracts, and lzigh quality custom.finislz worn Seven years as Carpenter, I1N0 years as Leadman, jive years as Foreman on new residential and commercial projects, as well as renovations and remodeling. 1979 -1983 LICENSED BUILDING CONTRACTOR /CALIFORNIA Lic. B-388997 Spent five years subconn•ucting and running framing, siding, trussing, floor jointing, and stair installation on multi family complexes .from large contractors. During this time, I contracted new single-family homes, additions, remodeling, commercial roofing, and commercial tenant improvements. 1983 - 1985 Job Superintendent on custom housing in the Nashville, Tennessee area for one year. Subcontracting. framing, trussing, and siding jobs. for the next [wo years. 1986 -1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lic. CGC-047369 Worked at "The Township" ar Punch-Out Foreman for one year. Worked for David Jones Construction at Gleneagles, Polo Club ns Lead Carpenter and Foreman for one year on 32 eight Alex wood frame multi family units. Worked for Davis Brothers as Superintendent orz Brighton Lakes in Boynton Beach, building 36 wood frame duplexes. Constructed custom lzousing.fronz Marralcrparz to .St. Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989 -1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGfNISLANDS Lic. 2-01392-92 Traveled to St. Croix after Hurricane Hugo for S days to bring supplies ar~d help restore power and water to unitr of condominiums for a.fi-iend. Agreed to come back to restore h+~o houses. Restored fourteen residences, h+~o commercial buildings a»d six rental units. Also completed work in St. Thomas and St_ John on custom homes- Acquired General Contractor's License in the T~irgirr Lslands in February 1990. Returned to Florida in July of 1991 and began net+~ additions and remodeling projects. After Hurricane Andrew, I opened a .field office in Miami for restoration work My Miami office completed 16 residential restorations and about 32 ruu~ng projects. 1'Idf' CJ u'r u-r: uaP ~ni,erPr i se t,onzzracLOrs i ~o t r c t~-uJJ' ~o. g RON BRITO, GENERAL CONTRACTOR Pagc: 2 1992 -1993 b'Ycrs asked to take over operations of Falkav Construction as Ueneral Mgr. and to quali) the compmry. h'alkav Construction was, at thnt time, under contruct with the City of Delray Beach .for the rrew Tennis Center (ZS million-dollar contract) and was engaged in school projects for districts .from Lake Worth to Miami-Dade County. Although, after a thorough research, I decided not to qualify Falkav, I brought the Delray Temzis Center to substantial completion in time,for the Virginia Slim Tournament, and all of the school jobs were irr lure. 1994 -present Owner and President, Enterprise Conh•actors, Inc. Enterprise has completed many local residential and commercial projects since it :r inception, including new construction, additions, remodeling and historical renovations (.ruck as• the Sandoz+~ay House Nature Center in Delray Reach). In August 1995, I was appointed to the Construction Board of Appeals in Delray Beach, and I was the Board :r Dn-ector fora 2 year terns. I'm still serving on the Board for 2003 to 200 PERSONAL HISTORY: I am 57 years old, married and have four children. I have two years of college, majoring in Business Munagement. 1 am an active member of my church (SDA), where I have heen a Deacon for 1=1 years and um currently a Sabbath school teacher for young adults. 1 also si! on the Church's Building Committee. I own a home in Boynton Beach, where my family has lived for 19 years, and 1 am a member of the Architectural Review Board for the Vernon HeiglTts Property Owners • Association. I am also a 18 year member of A.A. and am active on several committees. Tennis, surfing and jogging are my favorite pastimes. ~EIRAY QEACH 4 V All-Mierlca Ci~! ~ ~ r r ~tb 1 ~i9 3 2 U(] 1 Post-lf° Fix Note 7671 t'"t" T~~~ !~ ~r~~ From Pfn:nie # Ph~n~r f7 -- BOARD M E Fg~ # ~I ~'~~ 5 FaY ~ - . ~~ Please type or print the rollowino informatir>n: r.lfUl/UU~ 3~~7~A 1. La:,t Name: dERSii-wISSFKERKE _ ^~ Name MdLrr3 M. I. ,7 2. Hottlc ~1d rCSS: 34 SE ~t.11 Ave Al,t #11 City Delray Beach Stsitc FL ('ode ~3~4~ 3. l.,egal Residence: Same (,icy titate "7.ip Code ~. Prutcipal Liusiness Address: Ga110 Architecte & DevelopenenC Company 1311 Newport Center Ur, w City Deerfield Beach State F1 Zip Code 33dd2 5. Home Phone: 561•~7f?.$999 I3usincss Phoni: -954.794.0300 L--I~Iu111ddress: Mar.,rajw@aol.corn Cell Phrrne: 954.461.6523 rah: 954.794.0301 C. Date of Furth 2 April 60 7. Arc you a rc~istcred vutzr' If so, where arc yciu registerzd? yes $. VZ'},at Board(s) arc you interested in serving? Plc:t,,e list in order of preference: Plaruiing & Zoning, Downtown Development Authority cont;cruction bd of Appeal Sp T.ist all City Boards on which you arc currently serving c,r have previously scived: (Plcasc include dates) Hietora.c Pre~erv~t nn Boar -."t006 10. F.ducstional9ualifications: Bac o aar of Arch~.Lecture 1"l. L,isc any related pri,fc:;sional certiticadons and licenses which yi,u hold: 1?. Give your presrnt, rrr to<ist recent employer, and position- Gallo Architects & Dwelorment comp, 1311 Newport Center DR Deerfield Ee~ch Project Manager 13. Dcsccibe experiences, skills or L:noR~lcdgc which <lualify ynu rn serve ou rlus board: {Plcasc attach a hcieErestune) I have been in aspects of Architecture for over 2oyrs_ I have lived and or workefl in Dalray site & zunin~r codew I hereby ccrtity that all the above stacemeuts are true, and I agree and understand that any anisstatcmem of material faces contained in thi. x~pli~;ti I n may use f~rfciturc upon my part *~f any appoiotrncnt 1 tn.1y tccci~rc. ~\ L1 llAT~: Note: This application will rcm<tin on File ui the City Clerk's Office for a pzttod of 2 years from the date is u~as subuticted. It will be the applicant's respcitlsibiliry to ensure chat a current application is nn tilt. LM ~~21t IHAURA J DERSH-WISSEKERKE 34 SE 7`h Aveune Apt#11 Dchay Beach 1:133483 SGZ-27R-8999 CELL: 303-3930329 IvMAII_ MAUltAJw~aoLCOM PROFESSIONAL EXPERIENCE: Diverse experience in all aspects of Design and Project managemeitt, from initial program review thmo~eh preparation of punchlist Match 2001-Present- Robert G Currie Partuert~hip, Delray .Bcacli, Florida Project Manager Responsible for a!1 aspects of projact Site aad building design including applicable code research • Co-ordination with clients, consultants and contractors • Produebiou of contract documents and spacif~attons • Cottsmaceion admisttation Projects: St Andrews Country Club, Duvall Place Condiiniumunis, Village Grande Condiiiriuiuums, Miami Fire Station #2, Delray Playhouse-Childress Theatre .June 1998- January 2001-'I'fiOlviA_S POPE, Jt'A., Kty West, Florida Project Archit«t Projects: Hyatt Key Wester, f20 Southard Street Bryan Residence Truman Annc:~ Hendrick Residence 901 l:lagler. Woods Residence, Powell Point Baliainas, Radisson Hotel September 1997-May 1998- Wl'LAND ART GALLERY. Key West Florida Art Consultant/Salesperson Assisted manAger with training October l 995-April 1997- LIZ CLAlBORPdE Inc., New York City, New York Senior Project Desi$iier/Manager Corporate Responsibility for all oBices, showrooms & special projects October 1991-September 1995- LIZ CLAIBORNE Inc., Nctiv York City, New York Responsible for New York City and Regional offices, showrooms, offices 8c special projects Helped to developed depatuitent Created drawing standards and files using Autoaid Projects: Atlanta Apparel Mart Shoivroorns and offices, New Jersey retail offices, Corporate rc~ail display Presentation. New York Showrooms and offices for Villager. Crazy Horse, Drees and Collection Studio April 1985-September 1991- Desiguere Fore Ltd., New York Ctity, New Y ork May 1984-March 1985- Metsky & Zuckerman, Verona, New Jersey June 1983-May 1984- JS Randolph Associates, Hackensack Nea• Jersey Edttcation_ New Jer9ey School of Ar~hitecnire ©NCE, Ncwarl:. New Jersey 1983 Bachelor of .4rcliitecture Cert~catcs for lES for Couunerciall~t industrial Lighting RCS Building Cade Inspector- 1~2 Family dwelling Sub-code Official- 1~2 Family Dwellings Ncw York Building Code Compliance ADA Compliance `d 41NcS:30 ~t=i(-i~ t-~: '~''~N r3tS ~r~ I95 'Ord ~NOHd dIHScJ~tdldNd ~Iddfl~~ 'J 1~~30d : IJOdd DELRAY BEACH ' M1e~iCa ' 1993 2001 ~E~~~r~ CITY OF DELRAY BEACH ~ ~ 2006 BOARD MEMBER APPLICATIO~~ ~ ~• . ~ x Please type or print the following information: o/a~~ 1. Last Name: • ~ c..% d J ~' Name ~ ~~~~ M. L 2. Home Address: ~ ~~ {_~ 'y1 City ~~~ Sta~G r Zip Code ~ 3. Legal Residence: City State Zip Code 4. Principal Business Address: Ciry State Zip Code 5. H/o/m~ e Phone: Business Phone: E~-Mail Address: Cell Ph ne• Fax: G. Date of Birth 7. Are you a registered voter? f so, where are you registered? 8. W~ha~t Board(s) are you inte sted in servin ?Please list in or~d"e~r,,,.o~f preference• _ y,'1 Cf7 VL ~ /VC d/~~ ~11~~?!~ . C/~~ 4~S f s/f rnt(A . - s~+ d Y~/~iG~ l ~- (~ j,O 1 ~~ ~H ~f~~/(.~ . I.{J r ~ ~;u ~~ 4 ~.-^ ~ /,~ ~R~iV. ~i~~frlJ 9. List all City Boards on which y u are curr y serving or have previously served: (Please include dates) 10. Educational qualifications: t 11. List any related professional certifications and licenses which you hold: ~~ti ~~~~~~~~ a~-~ 12. Give your present, or most recent employer, and position: _ C % ~~~~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) f I her erti that all the above statements are true, and I agree and understand that an 'ss ement of ma rial facts contai ed ' 's application may cause forfeiture upon my part of any appointmen I may recei ,e,. ~ ',• -SIG A DATE ~ 6 7~~~ okl~; e~lfis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. r= r'i_~I I ~=DER-'..HI ! FH: i f 10. cr""~1_r,r~r=~ ~ -1r~ =gyp. 1_ c.'Ctl_l~ 1~~: ~1Hf•1 F" Gerald Peter Fl-anciosa 939 Eve Street Delray Beach, FL 33483 Home phone number: 561-266-OGO$ Celt number: 561.-716-7355 Faa number: S61-266-0746 En~ail~frauciosa4dclray(~i,>•aoLcom ~i@rSitn2(a~, aot.eom QUALIFIC'AT'IONS: Uver 35 years of investigative experience. SEQUENCE OF EMPLOYMENT 19G5-ZU00 FALL 1965 /MARCH 1970-Licensed Private Investigator, City of New -York, self-employed licensed private investigator also licensed to carry a firearm. MARCH ].9711-JULY 1973-U.S_ Customs Agent, assigned to the Li_S. Customs New York City office. JULY 1.973-JANiTARY 1998-Special Agent with the Drug Enforcement Administration, with special assignments to US State Department. JANLTARY1998-JULY 2000-Private Investi ator Self employed Florida/New York licensed private investigator working on a myriad of investigations. .TULY 2001.-FULLY RETIED SYNOPSIS: I graduated colie.ge and received a degree in accounting and economics. I was hired in 1970 }is a special agent of the U.S. Cttstoms Bareau, Department of the 'treasury. During my tenure as a Customs agent I conducted a myriad of investigations ranging from background investigations, Customs frstud, smuggling, internal investigations of Customs employees and narcotic investigations. Iwas also involved in training new personnel. L.t July 1973, a Presidential decreed established the Urug Enforcement Aritninistration (DEA) to combat ut'gani~ed crime and naircoric ti-afficl-.ing. I was at FF'i 4 1 i REF'-'=CHI I FF-i:~: Ili ~. ~r~l_~~r",t1 ~ -1F~ =gyp. 1~' ?~=tt~~ 1C1: ~Hf9 F-1 that time lateraity trrtnsferred frotn the U.S. Customs Bureau to the Drug Enforcement Administration, which was part of the Department of .lustice, as a special agent_ I remained officially with DEA until my retirement in 1998. llw-ing my tenure, I conducted mayor investigations into criminal enterprises involving organized crime., high profile narcotic violators, money laundering, and fraud. I also conducted internal, hackground, and asset forfeiture investigations. I wa involved with the training of several foreign police agencies in areas of investigative techniques, interrogations, firearms training, use of force and establishing police policy consistent witb their foreign government laws and regulations. Asti ARDS i have received over 40 awards during my career from various QS Federal agencies, including the 1983 Attorney Generals Award for distinguished service. I have received over 30 awards from foreign government agencies and over 25 awards from various State agencies. AR1:AS OF S1:RVIC.E T served the united States Government as follows: 1970-1984 New York as a special H;cnt, 1984-1988 Kooie, Italy as au assistant Country Attache, 1988-1992 at Boaton, MA, xs x supervisory special agent, 1992-1997 at Curacao, Netherlands Antilles as a Country Attache, 1998-retirement at the DEA Headquarters, Washington D.C. INVESTIGATIVE 1'RAlNING: During my investigative career with the Federal Government, I received numerous training in investigative procedares. i attended the .Department of the Treasury, law enforcement training facility in Washington, D.C. and the Department of .Justice Special Agent law enforcement traininh facility at the Marine base in Quantico, <<'irginia_ 1. also received numerous other investigative training during my Federal Law Enforcement career. EDITCA"1'lON: I received a degree from the City College of New York, majoring in accounting and economics. BIOGRAPHICAL DATA: DPOB: October 25, 1943, Bronx, :vew York I have resided in Delray Beach since 1999. I am married to Sandi since 1963; we have three children and two graudchildren_ 01/18/07 Tait 1J:4H FA][ 68124J5774 CITY CLERK I~oo~ •Y REGEIVE~' ~ CITY OF DELRAY BEACH JAN ~ ~ 2007 ® BOARD MEMBER APPI.ICATlONCITY G~ERK 1999 ZOO, „ J/~~~ Plesst tvoc or usint ~ follomin¢ informadosL // 1. I~st N 1 ~~ Namc ~~~~ ~ M I. . Z Home ~~ ~ Gzc"~,. U-Q, ~~~~~ -~ l '~ ~ `.~ 3. J.+cgsl R~ddt- '" City State Zip Code 4. Prlnd us es Zlp 5. Home o~ ~ / Bu ass P oa_e; ,~ des. ~~ ~~ li/1 c~ C Phonc: i r~ pea: / G. 17ate of firth ~ J ~~~ 1 7. Are you a e~iatrsed v~orer? IE so, whew azc you rc~;tsaerod? `Pj r~~~-'~n , ' , 8, VPEtat Boaod(a) sre you interesaed in serving? Please Iisc in order of prefzzmce: _ C'"~ ~ ~~ 1 _i l-J - cam' (~j«-(,4~tL'-P ~'`~ 9. I~sc all City oa ehich you are cuctrntly er have ptevioual ~ (Please lncludc dacca) . - 10. Bdutirleml 9uali9cadonai/'' -, ~ ~~ C-. 11. lint say rdaced professional ccrti flcatfona and licensee which you hold iZ Give your pronc~ht, or moat tccmt cmplvycc, and poeMori - t3. Doeribo atpescaoee, slcilLv oc Ia~oWledgc Whkh gvalify you m save oa this boat+d: (Please atsactt a beef ceavme) I rbss s]1 die above stn a ire and I ~ and unde:s d tic :ay mina cnr o mse applicadon map ~_ ±~ focfdtune upon my pert of nay appdntmcnc I p ~ DAZE esal faces Norc ~cstmn w~11 remain on 81c in t~-e Cl Cksk'a Of~oc ~vr a criod of 2 ~PV ry P yee.~ ~ the data it vu subtnitzed. Ic Will be tiie applicant's responaibdity to ene~at t3sat a cuttrat application is on File. _. _, _. Q~LRAY BE,,~CH ~ C D _ ~~~~ G,- - I l~aMy CITY OF DELRAY BEACH ~~ 25 2401 BOARD MEMBER APPLICATION, L~~~ ~ C~~Y ~ 1993 2001 .Please type or print the following information: `~'/ a '~~~ 1. Last Name: HAYCOCK Name DAVID M. I. M 2. Home Address: 3840 Majestic Palm Way City Delray Beach State FL Zip Code 33445 3. Legal Residence: 3840 Majestic Palm Way City Delray Beach State FL Zip Code 33445 4. Principal Business Address: RETIRED City State Zip Code 5. Home. Phone: 561-637-0689 Business Phone: 561-637-0689 - aI ess: DMHAYCOCK GMAIL.C Cell Phone: 926-2073 Fax: 6. Date of Birth 01/13/1947 7. Are you a registered voter? YES If so, where are you registered? Delray Beach ,FL 8. What Board(s) are you interested in serving? Pleaselist in older of preference: Police & Firefighters Retirement System P 1 i i Bo 'te l ev' A 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) NONE 10. Educational qualifications: BS Public Safety Administration ,10 years as a negotiator before the State of NJ PERC Certificate from Rut ers Universi in Interest Arbitration 1 1. List any related professional certifications and licenses which you hold: NJ Fire Official /Inspector, NJ RCS buildin ins ector, FL all lines claims ad'uster 520 License 12. Give your present, or most recent employer, and position: Cambridge Integrated Services, Sr. Liability Claims Ad'uster 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) Attached here y c i that 1 the above statements are true, and I agree and un erstand that any misstatement of material acts containe ,~in this applic ion may ause forfeiture upon my part of any appointment I may receive. 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. David M. Haycock 3840 Majestic Palm Way Delray Beach, Florida 33445-3511 (561-637-0689) Education: Associates Degree, Fire Science Technology, June 1977, Passaic County Community College Bachelor of Science, Public Safety Administration, May 1978, William Paterson College Certificate, Labor & Management, Rutgers University, November 1979. Fire Official Certification, NJ Bweau of Fire Safety, 2/ 9/87, Certification # A003628 Fire Protection Residential-Commercial Specialist, Dept. of Community Affairs, January 1991 Fire Protection Industrial-Commercial Specialist course, Essex County College, April 1991 Fire Detection 8c Signaling Plan Review cowse, Rutgers University, April 1991 Occupancy Load & Fire Code, Rutgers University, June 1991 Sprinkler Lab Workshop, Rutgers University, September 1991 National Fire Incident Reporting System, Rutgers University, October 1993 Public Education: Forming Coalitions, Rutgers University, and June 1993 Board of Appeals Workshop, Rutgers University, September 1994 Arson Investigation, NJ Division of Criminal Justice, September 1992. In Service Arson Investigation, NJ Division of Criminal Justice, 2119/93-2/17/94-2/3/95 Arson for Profit Investigation, Public Agency Training Council, May 1993 Advanced Fire Investigation, NJ Division of Criminal Justice, August 1993. Practical Crime Scene Techniques, Public Agency Training Council, September 1993. Fire Cause & Determination, US Fire Administration, National Fire Academy, May 1994 Arson Detection, NJ Division of Fire Safety, National Fire Academy, October 1994 Electrical Fire Causes, Monmouth County Fire Academy, NJ IAAI, May 1994 Instructor Leve12, Live Burn, Smokehouse Endorsements, Div of Fire Safety, Cert # 101886 January 1994 Electrical Fire Dynamics Investigation, Aetna Insurance Institute, Hartford CT, March 1995 RESUME David Michael Haycock 3840 Majestic Way Delray Beach, Florida 33445 Tel: 561 - 673 - 0689 Fraternal - o Bocce--Delray Lodge No. 171, F.& A. M. (perpetual member) Raised to the Sublime Degree of Master mason 2000 Worshipful Master 2006 o Ancient Accepted Scottish Rite Valley of Lake Worth (perpetual member) Master of Ceremonies, Consistory 2003 Junior Warden, Lodge of Perfection 2005 Senior Warden, Lodge of Perfection 2006 Venerable Master Lodge of Perfection 2007 Cast Member, 13th and 14th Degrees Recipient, Double Eagle Award 2005 Recipient, Double Eagle Award Red Bar attachment 2007 Venerable Master, Knights of Saint Andrew 2007 Scottish Rite Research Society, Washington, D.C. Recipient of the Knights Commander Court of Honor from Scottish Rite Supreme Council, Washington, DC o York Rite Bodies Palm Beach Chapter No.24, RAM Secret Vault Polk County No.l 1, R&SM Zabud Council Na l 7, R&SM Palm Beach Commandery No.18, KT Wazder 2004 Standard Beazer 2005 Sword Bearer 2006 Polk Council No.l l Recipient Super Excellent Degree o A.A.O.N.M.S. Amara Shriners, Palm Beach Gardens, Florida Boca Raton Shrine Club Professional - o U.S. Marine Corps (Vietnam Conflict) 1964 - 1968 o Sheriffs Officer, Corrections 1969 -1973 o Firefighter, Captain, Inspector, Investigator 1974 -1994 Certified Fire Instructor Level II Certified Fire OfficiaUInspector Fire Protection, Residential -Commercial Specialist Arson Investigation and Detection Advanced Fire Investigator Practical Crime Scene Techniques o Sole Owner Security Systems Company 1984-1987 o Partnership, Security Systems Company 1988-1990 Resume of David Michael Haycock continued o Agent, County Prosecutors Office, Major Crimes 1995 o Supervisor, Security Systems Company 1996 -1999 o Investigative Specialist, Analyst, Adjuster -Bodily injury 2000-2006 o Fireman's Mutual Benevolent Association (FMBA) Secretary, Local Office Chairman, State Arbitration Committee Academic - o Associate Degree, Fire Science Technology, Passaic Community College 1977 o Bachelor of Science Degree, Public Safety Administration, William Patterson College i 978 o Certificate, Labor and Management, Rutgers University 1979 Personal - o Married, Wife Linda of 39 Years Two Daughters, One Son Two Grandchildren o BPOE Lodge No. 2111 o Veterans of Foreign Wars (VFW) Jr. Vice Commander o Cub Scouts and Boy Scouts Pack and Troop Leader Hillcrest Ball Club Youth Association ,Coach Notary Public, State of Florida Chairman Sabal Lakes III HOA ,architectural review Board 1995-1999 David M. Haycock Summary by Approximated Time Frame of Duties and Responsibilities while employed by the City of Paterson, New Jersey Fire Department: 1974-1986 Firefighter Structural Firefighting, rescue, EMS, Apparatus fire pump operator, driver, and tiller man. Preformed inspections of commercial-industrial- multi-family dwellings when assigned. Maintained apparatus and fire equipment &station. 1986-1989 Acting Captain (Appointed by order of the Chief of the Fire Department) Responsible for Engine Company personal, In charge of company tactics fighting structure fires, Effecting rescues and EMS. Assigned company personnel as required for inspection duties. Reviewed inspection reports and forwarded as needed. Community relations on a company level. Responsible for all company level reports and administrative duties. Training on company level. Responsible for fire station, assigned apparatus & equipment during tour of duty. Assumed Command of any incident when my company was first to arrive at scene, until relived by a senior officer if additional personal were responding. Handled all scheduling of company personal and minor disciplinary actions with final approval from the Battalion Chief. 1989-1992 Fire Inspector J Fire Instractor Assigned to Combustibles Bureau (Inspection & Investigation Division) Conducted formal inspections of residential, commercial, industrial structures to include Hospitals & nursing homes. Investigated complaints from civilians and other governmental agencies. Wrote and filled reports with findings and recommendation, issued summons as required. Appeared before the Board of Appeals when required. Issued permits collected fines and penalties. Spoke at citizen group meetings as assigned .Assigned and assisted 4 civilian inspectors & 2 firefighters that were assigned to the Inspection department. Trained department firefighters in Essential Firefighting skills. Trained Officers and firefighters in administration and enforcement of the NJ State fire code, and the Fundamentals of Inspection & basic Fire Investigation. Additional duties: Assistant Public information officer & assigned as speaker for community relations events. 1992-1994 Fire Investigator (Captain} Promoted to Captian ,Reassigned to the Combustibles Bureau (Inspection & Investigation Division) Investigated all fires occurring within city limits as to origin & cause. Interviewed witnesses, interrogated suspects, identified & collected evidence, Wrote and filled investigative reports. Testified in court as an Ex-pert witness assisted the County prosecutor's office in investigation and the prosecutors with case preparation. Investigated numerous fires of suspicious origin, multiple death fires, and industrial accidents resulting in major bodily harm or death and incidents. Additional duties: Department representative to the County Juvenile Fire setters program & Assistant Public information officer DELRAY BEACH f`,~ O R 1MM /D1 A /{~'W {/~ 1993 200'1 ~~~~~ ~~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATIO'1~ ~ 4 2401 1~C'`~ ~'~~~ Please a or tint the followin .information: J -~ t~- 1. Last Name: K ~ Name oµrw~ M. I. 2. Home Address: ~~ -~ LT- Ciry t+-2~v 3~~c.N State 1=t- Zip Code 33~fyy 3. Legal Residence: SrWrt ~- Ciry State Zip Code 4. Principal Business Address: 399 ~I. ~~uH~rta Ac ~ , Sri ao~ Ciry ~vcrt ~~nl State F'L Zip Code 33~t3~ 5. Home Phone: (sv~) yry-sgy9 Business Phone: (sr~~) 9aa-~yra E-Mail Address: Ji~-r~c-,~io~@ r-K~1,e.m.co Cell Phone: Fax: (~~anc~-~~ 6. Date of Birth ~~ /,~ 9 f I4}o 7. Are you a registered voter? If so, where are you registered? Y-~ s i°t~g ~~L~ $cif . ~-~Prc, P~r,w,s 8. What Board(s) are you interested in serving? Please list in order of preference: ~ ~ Z 30-~, ni~r4, c~i4 , #~BN~,SpKA~ 9. List all City Hoards on which you are currently serving or have previously served: (Please include dates) ?~~ Z -3o~~2D add - aoa~ 10. Educational qualifications: IQ.d, 'i~oL~nc.+4-~ Sc.i cn+e.~ ~ ,~~s i7nc.~~+4T~ 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ES~N17: d>v ~11.~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. -_,,,~ S~~N f r~~ SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. JOHNNY KINCAIDE 28 W. Flagler Street, t l` Floor, Miami, Florida 33130 PHONE: (305) 371-9661 -FAX: (305) 374-4058 E-MAIL: i.kiizcaide~~~lcfir'm.com PROFESSTONAi, T1,XPERIEIVCE 2003 to Present LOCKS & ItINCAIDE, LLP MIRIIIl, FLoli.da Partner Specializing iu employment law, contract disputes cud gene[nl cotpo.rate(admiltistrative laeu. 1.99$ to 2003 AkERAZAN, SENTERFITT & TyIDSON, P.A. Miami, Florida .4ssnciate Corporate Depm•anent Negotiated and shuctnttid nnelgers and acquisitions of hu,4inegg entities; advised clients nn getleral corporate law, employment matters, applicahl.e regulatory and administrative guidelines; dlnfted general corporate docwnents, acquisition agr~ments xnd related documents; dt'afted cottw.tercial. dncuoaent;. Fall 1997 FT. LAUDERDALE OTFICE OF TIIE CITE.' PROSECUTOR Ft. Lauderdale, Florida La~~ Clerk Re.Searcbed appellate, evidentiary and constialtional issues; drafY.ed legal Inemot'anda, assisted City Fiosecuror it trial pt~epnratiorla. Summer 1.997 FUURTH DISTRICT COURT OF APPEAL WzSt Palan. Beach, Florida Sr.nrrrrter•Irtter-rz for Judge II%:1lfatr{te~~~5`tevertsorz Reviewed appellate briefs; researched tlltd drafted legtnl metnorauda, drafted legal opilaion. EDUC.ITION Univeisi.ty of 1•iinnai. Sch~nl of Lnvv, Corral Gahlec, Florida J.D., May 1998 1998 Outstanding Yotung Men of America 1991+ Litigation Skills Honors Award Fl.ot~ida Minority Paiticipatioi~ in Legal Educatiotx Sdtolar University ofMismi Scholar Phi Uelta Phi Legal Honor Fraczrnity President, Cluistian Legal Society Florida Atlantic Liniversity, Boca Raton, Florlda 8.,~. itn Pol.itic3l. Sc.ieuce, Jwte 1995 Pi Siglua Alpha, National Political Science Honorary 13AR ADMISSION Fluridx Bar, Octuber 1998 CLIENTS REPRESENTED The Rickenbacker Collections Clroup, AutoNatioa, Inc., R.epub[ic Services, Inc., Kellstron~ Industries, Medical Manager Cot}roratio~r PROFESSIONAL ASSOCIATIONS American 13ar Association, National. Bar Aagociatiorl Page 1 of 1 print • combine multiple documents • return ~. `':- Link to Board Certified Attorneys 4~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 331 30-1 896 Phone: 30 513 74-651 8 Fax: 3051373-5613 E-Mail: county: Dade Circuit: 11 Admitted: 10/16/1998 Board Certification: sections: Young Lawyers Division Link to the Lawyer Referral Service http://www. flabar.org/tfb/webadmin.nsf/PrintOrEmailF?OpenForm&Action=POE&LTRL=... 3/ 16/2004 ~~~~~~~ ~~ Ol NCH ~~~ 3 CAT1~~~ X10 ~~~~~ ~/3~~°~ J dYt A4. I. G :~-y State ~~ "Lip Code State Zip Code ~s1 State ~- Zip Code 33 y ~3 ?hone: >y~-So~~ Fax: ~l~i-~~-6-Sa~y are you registered? .J~ ~ Please include dates) w~.5 S ~'~ fllkT,l1 Fie~~- SAS S ptt-~er- on;,ut~2 (Please attach a brief resume) ~eczq-L ,/~ Co.v.~fx-v~r~~,J '~'~ }~~2A~.-Z~~t l~dvh2r~ ft- 1935 ~! D,tis ~ any misstatement of material facts nay receive. ~~~ . ~, a~/b~ SIGN~1"I'U E Dr1TE 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. 315 N Palmway (561) 276-5221 Lake Worth, FL 33460 clynchQplastridge_com C'0121201' LJ~t?.C~Z Objectnre To better myself by helping others Experiience 2003- Present Plastridge Insurance Agency Delray Beach, FL New Business Producer/ Part Owner ^ Oversee new construction, remodeling, and design ^ New Business Sales ^ Marketing Customer Service/ Customer Relations 1998-2002 Bethesda Memorial Hospital Boynton Beach, FL Senior Outpatient Coordinator ^ Assisted patients in registering for testing ^ Reviewed test procedures with patients ^ Verified insurance acceptability with procedures 1975-1980 Bethesda Memorial Hospital Boynton Beach, FL CT/MRI Tech Aide ^ Assisted tech in administering testing ^ Assisted patient in registration and transport Education 2003 University of Florida Gainesville, FL ^ B.A., Business Administration Interests Commercial/ Residential Design, Dealing with People, Tennis, and Volunteering - -_ 08/Uai05 VPED 14:J~ FA?C 58124J3774 CITY CLERH G~ 002 DEL1tAY BE~CJ-1 ~~ ~'°'°~``" CITY of oELRAY BEAGH t T BOARD MEMBER q,PPLiCA?LON ABC ~ ~ 2005 ~= ~K 1993 ~^ g 3v ~ 2001 f~ P-cssc a oc rint the foll.o info~tion_ ~f M 1. Last Name: ;~ ~ ~L G~ IrTame ~ , G /~/~ ~ ' ~- Lit . - ~ -, State . Zip_Code ~ 3_ I,e csidenc~ ~ Yh ' [ ~' z G /~ . City 4_ Principal B;usincss Addccss: ~ S. Home p6oae: Business Phone: ~/~~ State I Zip Code Cit ) State Zip Code ,~~ CCU ~Cj1- i ~l ~-~ D- L ~ 3 ~3 ~ ess Cell Phoac: F~= ~ ~~c (~~ )~r/I '1 /~ - EiJ ~ ~ G l ~ ,~ G. Are you a Zegtstered votes. `f`~ ~> ~ IE so, where ace you. C 7 Wkril"B64zd (s) aee o,,~~tcxestcd in se.tving>z Pleuc lisc;n cdez pre`ecrscc ~;(', ! Il !~ ~ ~- f~ L/5 At,1 ~' ~J C'~7 ' ~ LD f? ~'1 `< ~ i '~ 7~ ~; i l 77" /7i'' L1~ 1 ~ 1 ' _ _l I , -~ L' 1~~~' I7 ~f !.~`L!~'/~ `GTL~ J~1,'~~,r' ~i7~ c I~ i k.~ 1 ~/`~//L. f//` S / `~ 8. List all City Boards on which you sec cuucndy seraans or have pcevtously scrQCd_ (Please tnchadc dates) Edurarional yu~Gcations- C ~'lcc lo. List nay Lelated pcofessiot9al certifications aid licenses which you hold 11. Give yonc Arcs 1 :!r-t' /L"L.:.~ `G posiy}oa ~- ~ hiEh ou tcj+scrve ttus l ~ r 1 `~ttsch a 6aeE esvme) 12 Dtsacibc ~ ~ettces, skills o o ~' - 9, Y / ~ - ~ ~'ii ~il~rJi1 z/~'S / ~~~ ~', l`~'~~'~;. si2 S lLi i2~ s Aso ~~n. ~,~ 5 z~~ /~ v ~L P v I hereby. tify chat all flit ahovc scacemrnts arc tn~e, ar+d [ agrct and undecsand tbac any misscarenicnf of mstcaal facr; - p " tioa tuap use focf [tire upon mp part of nay aQPom 1 inay rccn°e- CDRtalfl l8~ .. - nA~, ' SIG ATURE Noce_ This 1pP~~tion Wif1 remain on file in thr City Cleclr.'s Office for a period of 2 years from the date it was submitted- It will be the applicant's Lespoos~ilicy co ensure tlaac a clanccs<c applicatina is omna~ucaatrn+ ~ ~ G~ ~. hi c~ .; E i 1 ~~ ~~f~ I ~ °~ dSS = b0 SO b0 ~~~ RESUME FOR PEARL "BUNNY" MA][~KFIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REALTOR=COLDWELL BANKER REAL ESTATE (22 YEARS ) PRESIDENT MERRITT PARK HOME OWNER' S ASSOC 6 YRS BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SW/NW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HAVE LIVED IN DELRAY BEACH 8 YEARS AND HAVE ENJOYED EVERY MINUTE OF IT_ I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. DELRAY IS DEVELOPING AS A WIDESPREAD EXAMPLE OF HEALTHY URBAN GROWTH AND I AM HAPPY TO BE HERE TO ENJOY IT! DELRAY BEACH r i o • ~ o ~ ~ CITY OF DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: p ~~~od~ AUG 16 2007 PLANNING & ZONI~ a/r~/og 1. Last Name: n ,~', I I~ f i ~ Name ~~ 1 M. I. !- 2. Home Address: / S~ ~ ~ n fKtOh .~I: City ~~a ~P~ Sta ~C. Zip Code 331/~S- 3. Legal Residence: ~7wiK ~ - - City -- -- -_ __ State - Zip Code 4. Principal Business Address: 2311v ~ Icl G2~L~{oknt ~~ - City ~ (/a B~Kr,~ State `~- Zip Code 3 3 ~yS 5. Home Phone: Sal- ~~~ ~ys~3 Business Phone: E-Mail Address: lC/o ~r~~~~ (oeJ~So~~. Cell Phone: ~6/-~3Z-9s y~ Fag: 6. Date of Birth OZ/0 y ~ ~q6s~ 7. Are you a registered voter? If so, nwhere are you registered? ~~ ~"~ ,6Pa~ (~ ~L 8. What Board(s) are you interested in serving? Please list in order of preference: ~.~ ~~~ ~ ~~H. ~ C Z~ S ~~~ ~ 9. List all City Boards on which you are currently serving or have previously sewed: (Please include dates ~l1t~G~+^c2. ~ i'k~ ~u~~C ~t'J Z -2~3 ~~S~a,~~~ P/PS . ~Du. ?~27 ~ ~ ZGrJ7~ 10. Educational qualifications: ~/ QaG~~S ~'ee MawG<~I-ryc ~ S ~ 7 9`l 1 ~ a- Pa ~ rclP.ti 15 Cc 2c,J~ 11. List any related professional certifi tions and licenses which you hold: _ 12. Give your present, or most recent employer, and position: n , f (~.~ SO~CrVt t>S~ /h~ ~'Blr ~7i7`7r r1 PS ~CUt A 13. Describe eriences, skills or knowledge which qualify y~o~u `t/yon serve on this board: (Please attac rief 9resume Y ~(J ~~ ~ r /)A I i V__L` ` v~ / , ,'e N~ba.~.-~ .~ c~- d.~nt_ V a~~ ~a~1 ra, lG~ ~ `~' :h.Ir~rPs ~~'~r bas ~ `~ `~ GAS '~ ~- ~, -~ ~ ~. ,-~- Ihereby that all the above state eats are true, and I agree and understand that any misstateme t of material facts con ed ' ap tion y ca orfeiture upon my part of any appointment I ma recei e. SIG DATE 6 2001 Note: This application will remain on file in the City Clerk's Office for a period of 2 pears from th~c~ate it wa~~Q~ submitted. It will be the applicant's responsibility to ensure that a current application is on ~~'~ FiUg UY UJ lc.: iJ(•+ ~~rt r u..io...~ -.+.... .-~ ~.~.~ voiv~~ua rnu 1L:uL YM ~U1'L4Ja/!q x.111 ~.LGrcn 1 pHJNT BfI.G11 ~~ ~~,~~c C17'Y OF OELR.AY BEACH ~~~~~~~ ' , BOARD MEMBER APP[_ICATLON 1993 ~OOI AU G - 4 2005 ~~~~ ~~~~ { 1 Lvu-t Name: -_ o ` Imo- ~ Name M I. ~~ 2 Homc Address- F3 e D tU , ~ ,.. r ~ ~ ity ~ fir- ~,e. State ~ c.- Zi Cock 3 3_ 7~1 ICcsidcace ~ u~ w~ ~ . Gcy State Zip Codc 4. Pnnapal I3VSin~vS Address_ S.fZI/V~ ~ ~ ~e~~~~-~- City Stacc ~ Zip Codc S_ Home Pbonc ~-~--~6+a Bu_ancss Phone E-Mail Address ~_ts ~1lt~~n.- Cell Yhouc: 1 3-t3_ ~9~ I'~ G_ Arc pvu a trgtsteced vocrs? \/~ p Xf so, Whece zrc ce~is~ eccle' J s. C~ 7_ aDhac Boud(s}.uc you iacQCStcd io sctoing? Please list in ocda oFprc[crcacc 8. t G Hoards oa vollic6 ire Curren sewing oc have previous a~tveyd-. (Plasc and do darns} 6ru ~ c F ~- ~ ~.~. c ~T' j c1C~~- ~ I~r d Y 9. bduczaonal quali6cavon:- ~~ ~ ~C4 v~ 4 .,..< < CS'~~ ~...,Q Y'Qti' T to J! 6 ro. Y l0 1 ~J' ~ 7 r... list pan~iclated profeasoaal ~uuCcstione and liceoscs wblch you hold {~ ^ p c 11. CYtvc poor prescxit, ox nose cccrnc ~nployec, and posivnn_ - Des~bc ca~eaences, clcilla or. know'ledge~dhit~ qualify yvu ro serve on hozzd (pleas imch a beieE ~esumz} '-y-1,.~ Erg .. rro .~`~s~ ~1'1+Pl' r .~rl f ' ~,[ o L • s n~~t;L° ~ ~~ Pl ' I hereby certify chat all dr;e alwvz an.ecmer~o arc true, sad I agree :ad undaecsed tae aap cnissdtrmmc of cwtr~ial face mncair-ed iJ ap licsaon ~a cauac forfeiture upon my pscc of say-app•oinamenc I any caceive II - ~- f}- ~ 6 Q s - SIG 1URE DATE i~a~f ~~~ Note. Ibis applio~tion .rill ramsia on blc in theGicc~~. C1QYs Offi~CC Eoc z paiad of 2 y~ fzvm nc~ disc it ~s subauttei It w171•bc clc applicaa~s responsibditp to ~soie ths-t s current applimtion is on bJ.e ~eO.aO~atrtl'Ca'[f4N DfLRAY BEACH at-ane~cac~y REG El V E Q ~ ~ CITY OF DELRAY BEACH ~l 1 2 2006 ® BOARD MEMBER APPLICATION X 1993 CITY ,CEEB tool Please type or print the following information: 1. Last Name: ~ s -~ ~ G K- Name S a m v-e..~ ~'~- I- .- 2. Home Address: 2 8 3 5 S w 13? •- S-~-r-e..~-~ Ciry U~1 ra ~-~ State ~ t_. Zip Code ~4- Y 3. Legal Residence: S a ~ City S Q w~.-~- State Zip Code ... 4. Pr.~~/i[nc~ippal Business Address: •~ V~Ir1~~ City .~- State Zip Code ~._~ 5. Home Phone: s(o1'330' $ d~la Business Phone: Ql.~nu.t. E-Mail Address: 'Z ~,3 5 ~ ~~i.tko Cell Phone: .56t -2,St - ~-IcPj Fax: ----- 6. Date of Birth 12~24'~2c' 7. Are you a registered voter? If so, where are you registered? , es pelr ~.~,, ~.~,~..~ ~'i-i 9 8. What Board(s) are you interested in serving? Please list in order of reference: ~ t ~:a~n c. ~I~t S tYa ~ - ~- ~ J Co L h ~ a ~ U Q+~ ~avK.cf 9. List all City Boards on which you aze currently serving or have previously served: (Please include dates f3 ,rd us•vHe~1- ~ ka~ Zoo K vs~ ~•~ .a..I -k, .~.. 10. Educational qualifications: A ~ I~f 4 11. List any related rofessionai certifications and licenses which you hold: .~ ~a /-L v waQ. 12. Give your present, or most recent-employer, and position: _ a ~ tttit.~ .~ d Ncl ~ ~/e~1 ~ L 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) -L v Y-t '2 .. -6+e ~ ay ~ 15 ~ v tnt ~ ~ G I 1 L 1.. ~ l S ~vt emu. L ~ v-a a -t-C. ® Coh y~.G r1~" ~b B ~~~ 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. ~~d `Z~d SIG 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 Samuel Resnick 2835 SW 13th Street Delray Beach, Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses-Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3.Organizations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwallc State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. ' b) August 1986 to Oct. 1991-Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June i 957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (except for two years in U.S. Navy and three years in enginering school) worked for various architectural and engineering firms. ~~ ~~ ~ ~ ~,~' ~, ~ ~ ~ ~ ~, ~'~ 3~ 18~t.~x :~~_ 2a~ ~- ~~' i~tar~~t~~n ter a verb ~~~ ara~~~~.--~~~}i~~ f~ca~t . ~~r~~~~r ~~~~~~ti~u~, 5~~~~~ R~~n~~k. ~~~~ ~~tir~~ ~~ t~~ ~~:~~ ~ 198 a~~~~ ~ yes ~~ ~e~~~ ~~ ~~~ ~3i~~c~~a:~-'~~ ~~~ ~~~p~rt~~n~ ~~ C~~~ En~r~~c~r~~nt. Tn ~~~~ h~ s h~r~ b2i~k tt~ tfi~ ~'eyd~ ~~~~~~~t o~ri}~i~e ~~ ~L, c~~sui~~nt for ~ 1~3~'~y¢.. years> y-.(t~~~3~fl7~~.-~ ~., ~.9~'~ to ~~~~~ "L7 ~~~~. ~ - 3..J l.i~~.~~ til~..s L~~G. ~...... a:3'Liiit{.~ ~Ui~l G~.~ ,~:Il ~t.iU1l.~~~. t~ ~~~ y~~p,~... con~uitax~t, w~~-~ ~s ~o~~r~~~: ~. ~ ~~.y~~d ~~~ ' r~~er~t%~~ ~~ ~ ~3~p~rt~e~~ ~~ bode rn~~r~ent. and ~~~ist~~ ~ ~.~~~~t~r ~.~ +~ ~i.~~rc~m~nt ~:~ ~ui3:~i~n~g Cad ~~~.~~p~-~ta~iz~r~~ . L~~~17 'C23~}~'~1~1~~C'Di" ~~J~" ~3~ A3t3~'371 S~~'~1 Y)~~d~i3~~~~}~ ~~~ {~~~ s ~L~.:~'~~:~'t'~ mil ~~tY b~i1~3i~gs, iriciu~dng schzaa~s, ~~r cr~.~p~i~n~~ with ~~~i. - ~3~~y ~~'e~~r~~d €~ T~~n~~t~~~ ~~a~,s ~~~.r~nz~ ~~t~t3ds ~~~1 ~~~t~ t~ ~o~n~~:~ ~~th .~~A. ,~; ~ ~ l~~~ar' ~ ~ia~~r~n t~ t~.~ N~a~lk .~~~1 ~uil~~.~~ ~~~~itt~~ ~~ier~~3~ ~~ ~ _. ~t~ ~~~r~~~xxtati~~ ~~.~- ~~~ ~©nst.~~ct.~:r~n ~~ ~ ~~n~~~ ~a13. at ~'ty . ~~ ~~~ ~~~~ ~~~3ys~~ ~~ .~~~~s s~h~c~i alt~r~tons a~~3 -add~~3~~ wa~~ ~ ~ ~.i~+~n~~~d i:r~ ~onr~~c`~i~t~~, ` .~~~ York anr~ F~ari~a ~s ~ ~~c~~~~t~$dk ~~`~~?3t£~~ f $37t~ 3.~1 ~b]"17i~Ct].~~A'~ ~ N~~ YC3~"~, New Jersey ~~'a~ ~10~1C~d i~'ar ~ ~~-~~~~~i~raa3 ~?~~'r~T~i+~er. He ~~ ha3d _ ix! ~it~h ~~~"~ b~ ~~~~e ~~ ~is.r p~'a~~ssianal ~~eic3. ~nc~ the ~cit~. ~ has been ~~ ~~~~t t~ No~~k, ~7~ arm s~r~y to s~~ him ieav~ but ~~ wish ~~u{ WLl~I X131 ~'!;~ a ~3~~7 ~1C~~$ ~td~$ t3~ ~''l~~'lt~~. ~t 1~ W3.' ~~'.l t~~ thr-~~ ~ 't~3'S,~@ ~~'t 3c5 ~~t~~' ~~ ~'~Y,".~~~i'~~^~t3.Y~71 t~ ~ ~z~Il ~~ ~~~~ Cii~1$~'. ~8 W3~.~. t3~ ~I3 e'~s~~t tom' ~~~ ~r~~n.~~~~.ics~ wiz ~k~~~ he be~o~es a~~o~ciated~` ~3,~~ce~r~~ r~~~ ~~ E~p~s3tc~ i~AYt~I2 - Y_.-._.._._._. -___ _._. , ~~s~- r~~~rc~ pox ~~z~ R~~s ~~,~r av~~~~ t~~~~~~.`? J~~ s =~ ~ ~ ~ _ ~~.rc~i~ aces-~~-,~r~~~ -- - FEE.-0 ~ -=~_ri ~ ~ 1? ~ ~~ DECRAY BEACfi A~-Ama+eac~q- j 7993 2001 A r EI~~JARD'=: e ~~i ~t 1=, 1 X61 ~^-1 ~-]~+~ F'.~t? ~~~ CI'~"Y pF DELRAY BEACH 0 7 2007 BOARD MEMBER APPLICATION~EB ~IcC CITY Ci-E Please a or ring the follo~i information: ~/~~ 1. List Name: NTQS Name - ~~ 2. Home Address: ~ A" ~~ lv QA-NS~N W G~` State Zip Code 3. Legal Residence_ DEl_2A''a' $t ~F Ft_ a3Y4 S ~~ Sore Zip Code 4. Prinapai Business Address: G~ S~ce Zip Code 5_ Home Phone: Business I~hone: E-Mail Address: Cell Phone: ~j-Zp I Fa.~: 6. Dare of Birth 7. Are you z regstered voter? f so, where are you registered? 8. What Board(s) are you interested !n se ~ ~ C rving_ Please list in order of preEerence_ Ed ~ Q Pta ~n; ~l ~ ZOnr/1 , IUCr hbprh90d l ~i ~P PtQ~ ~F-2e~r Crv ~' I.tst all City ]3oarcIs on which ytru are eurrend sc Y King or have previously served: (Please include datcs~ N 10. Educational qufllitir~ns: 11. List any related professional ccrII6cations and licenses which you hold: 5 r• is '~1 * ~. 4F~ N~a rfh ~- varl4bt ~ r~77r~r-~'t P .s 12. Give your preseat, or roost recent emlaloyet, aad Position. ~-C~- ~d.wa--cl5 ~- s~~st one ~~~.RGRI ~~+,n,~,~, ~,1 LL 13. Describe czpencnccs, stalls or knowled~ arhich 9~ ou ~ s tQJ~'!s~(.; TQn ~ fy y erne on chi: board: (Ple~c attach a brief resume) e ~eS~,m>° a I hereby cerIIFy that ~ the about: scatcmcncs ate title, and I ~e'tee and understand tha[ any missncemenc of material fans contained in this ap~licaoon may CLUsc forfeiture u on to P Y AST of any appoin~ment~I'jmay ttccive. ~SIGNATUltE ~~ / ~~ ~ ~~1~~) llAIE . -... .. submitted. It will. be chi applicant's responsi6.ilitp Coto ensure that a currenr~ PPli a n s on ~~te it was FEE-~~ ~ -?ors ~ 1~ ~ ~~~ H G ED1AlAFD~ : ~ Sift IS; 1 X61 ??-i ~ -t9 ~ P. o` r~.~ February 7, 2007 Dear City Commissioner(s), It is my pleasure to seek membership into one of the following advisory boards: Education, Planning & Zoning, Neighborhood and Site Plan & Review. As a resident of Delray Beach for the past three years, I have decided to commit myself to the betterment of this great city in-which I live. As a Bexley Park resident, I know first hand the power of a city working together for its residents and hope to take part in future accomplishments. I have always been involved in communities where 1 live because I feel that it is crucial to take an active role and believe in the improvement of such places. I know that I will be an integral part of any of the advisory boards for wluch I may be selected. Some of m past experiences of leadership include serving as President of the Student Advisory Board at Gttlf Coast Community College in Panama City, Florida. In this position, I oversaw a group of 25 students in developing, coordinating & implementing activities for the college. Together, we fostered an environment for students to take active participation within our college. Not only did we promote student development and involvement, we served our community through volunteering. I am a participant in Leadership Delray and volunteer to assist the Education Foundation Committee in planning the Annual Education Foundation Auction. This is just an introduction to playing an active role in my community. I wish to further this by serving as a member of an advisory board. It tikes initiators, such as me, to help organizations succeed which I plan to do for the City of Delray. 1 have served on various boards throughout my educational years and comprehend the importance of dedication required of members. I now plan to include this aspect into my personal & professional 1i Ce and ask that you consider me for a member of the Advisory Boards. Cordially, ~~~~ Ria Santos FEE-~ ~ -?C~~ . 1 ~ ~ H i ~ EI~I.~IHRL~ ~ ~x X01 I ~ 1 ~~ 1 ~ '-1 ~ -1'~^ F. ~l-3 ~=~-l Ria Santos 4636 Ranson Way Delray Beach, FL 33445 Tel: 561.516.Q788 WORK EXPERIENCE A.G. Edwazds & Sons, Inc Boynton Beach, FL Registered Fi~tarecial Associate Finat:cial Consultant Email_ ria.santosQa~edwards.com November'03 -Present + Assist individuals in developing retirement/investment strategies ~- Work with businesses in implementing Retirement Plans + Assess clients' investment needs and goals ~- Conduct educational workshops + Service clients' specific issues relating to their portfolio Aeon Corporation Nagano, Japan Foreign English Teacher August '02 - September'03 ~- Teach conversational English to students, business professionals and housewives ~ Prepared/developed lessons unique to various levels + Worked with Japanese Teachers to develop curriculum r Helped students progress with the English language ACHIEV£M£NTS ~ ORGANIZATIONS ~ Cum Laude ~ Delray Beach Chamber of {b Student Leader of the Year Commerce ~$ President -Student Activities Board ~ Senior Class President ~ Phi Theta Kappa ~ Volunte~:r UCF ~ Rotary International, Dekay Sunrise ~ Leadership Delray partidpant ~A Habitat For Humanity ~ Women For Excellence ~ Catholic Counsel of Women ~* Florida Women's Business Center Advisory Board TOTHL F. ~t-i 03r2s!D7 FRI 15:63 FAQ 561243x774 CITY CLERK ~,E~~~~~~,~'u~ DELRpY BEACIi i o ~ ~ u . MAR 2 ? 2007 nu-nn~~~c~r CITY OF DELL2AY BEACH I ~ CITY C~~~K ~, BO~IRD MEMBER APPIICATIOI~i ~ 993 aoo~ Please tvoe or print the following information: ~~/d~ 1. Last Name ~ A jz ~ ~ /~ Name l ~ ~ ~ ~ ~ D2 I_ 2 Home Ad ess: City Sta~ 3~~ ~~ 3_ Legal Residence: Giy Srate Zip Code ~ /C 11 4. Principal Business Address: C~ Stare Zig Code /o O /1 1`-~~lJ ~~ ~.I7 ~orr~.~-moo l3E~r~~ ~-t/ 33 oGv 5. Home P one: Business Phone: _ E-Mail Address: Cell Phone: Fax: v'~d- z~f3-3~.~9 ~-~~,78~-A! 78 s~„trvv~~e~ R..r~Y' 9~'-yam-4~ aa•- 3-t z~J 6_ Tate of Birth 7. Are you a registere voter? If so, where are y~o r e u gister e ~- L T' 3~ `~ ~, ~ ~ ~ r-~S ~~~~f ~~~~c~ 8. WI4at Board(s) are ytsu inten:sted vi ser+~iag? Pleasg list in order of preference: ~ ~. List all d'ityBoards on which you are vrrerrtlyserving or have previously sewed: {Please include dates} c~0-~a o b- ,~~~~~~-- C~~tt~v~o-~ f~~iC~A ~~~~ 10. Educational qualifitarions: s~.~ /1 ~ ~ 1].. List anyrelated rofessional certifications and licenses which you old: 5 ~'~ ~sS.~ ~~ . 12. Give your present, or most recent employer, and position: 13. Describe experiences, skills or Irnp~led~e 'ch qualify ytrtt to serve on tlvs board: {Ple~sc attach a beef msume} z rig ~c ~ ~~.,,~ ~~ r~ a !.s ~.P :.at v ~ ~~s~ o,O ~.~.~-r=' ~..~o v .Gt-~L P~ Q~ss~~ o ~ ~ ~ ~~.4.~ s o- ~~=~ ~ ~. f~ ~~s ey ~~ ~~~ ~' fps ~ ~-~~~ ®_G~,.-~' I hereby cetcify that the above 9tatemeuts are true, and I agree and twderstand drat any IIlisst emcnt of material facts ooaed in clvs applTC may cause fozfeiturc upon my P~ of zny appointment I may recei~~e. .~~~L4~ ~ S ATUR£ DA'T'E i pis app cation w~11 iema~.n on rife, in the (:.tty Qerl~s Qttiee for a period of 2 years from the date it was subtzutted. IL will be the applicant's responsibility to ensure that a current application is on file. 11/lb/_111.:{ 11:~_~ ytia/t~b~}bi IiU1L1Jif1'a F~GE D? TEROME sANZONE 20o M.4.CFARLANE DR DELRAY BEACH, FL. 33483 (561}243-3299 OUTLINE R):T_11.4iE March, 2002 City of Pompano Deach Building Oflcial Present 100 E .Atlantic Blvd Pompano Beach, FI.33061 March, 1989- City of Dekay' Bcach Building Official March, 2002 100 NbV 161 Ave Delray Ecach, Fl. 33444 June, 1.986- City of Oakland Park Euilding Official March, 1989 3b50 NE t2~' Ave Oakland Park. Fl. 33334 June, 1984, City of Pompano Beach Assistant Building June, 1986 141 SW 1~' Ave Official Pompano Bcach, FI. 33060 June, 19fi0- Self-Employed Construction Consultant & June, 1984 RR 2, Box 816 ~ Genetal Contractor Pompano Beach, FI.330G7 April, 1978- General Development Corp. Director of Primary August, 1980 1 l 11 Souflr Bayshore Dr Housing Miami, Fl. 33131 October, 1986- American Plywood Assoc. Sr. International April, 1979 PO Box 11100 Field Scrrices Tacoma, ~'A. 98411 Representative August, I9G5- Rinker Materials EnR. Coordinator October, 19GG 805 N. Railroad Ave. . Field & Fabzication West Palm Beach, Fl_ of P,roject3 February, 1963- Lindsley Lumber Co. Estimation August, 1965 Steel Division , Detailing, Field Dania, Fi. Supervision, Customer Relations Apnl, 1960- Security Planning, Inc. Sales Representative December, 1962 First National Aanlc Bldg. Miami, FI February, 1960- Dade County Highway Estimator & February, 1963 Design Section Designer 11f15!=13E~4 11: ^_^_ June, 1959_ SeptentbeT, ] 959 9547s354577 C R. C Construction G13 Tabar Plaee Investor Planning Corp. 60 L' 42nd Street New York, NY E~ IILDIhJ6 TEROb~1E SAN7_ONE 200 MACFARLANE DR. DELI.A~' BEACH, FL. 33483 (561) 243-3299 OT TTLINE RESUME (CONT'D} Sept. l 958- New York City Community JAn., ] 960 College 300 Pearl St. Brook]yn, NY Sept., 1955_ United States Army Sept., 19,8 nine, 1954- Levy & O'Keef Sept, 1955 171 1•~adison Ave Ncw Fork, NY Estimator R: Designer Sales Representative Construction Teclt., ,4BS Degree Corp of Engineers It~lechanical Design FADE E3~1 11; 1F~!^_Ct~3~1 11: ^^_ 95a?>_,64577 EUILUI116 Pa6E ©5 PROFILE Date of Birth: August 27, 193b Marital Status: Married General Health: Excellent Military Service US Army Corps of Eng. -Honorable Discharge, 1955-,1958 Certification: Florida State General Contractors License #CGC-007690 Certified by the Department of Professional Regulations in the Fallowing areas: Building Code Adtninisttator; Structural Plans Examiner and T.xlspector; ElecRical Plans Inspector; Mechanical Plans Inspector Plumbing Plane lnspecror C.A.B.O. Certifted Building C>ffacial #923 Florida Board of Building Code and Standards Certiflcatc #111 Building Officials Association Building Code Director Certificate #~14 i Sourh Florida Building Code 13u.ilding Official, Chief Stntctural Inspector and Plans Examiner School: Nti''CCC A.B_S_ Degree in Construction ?ethnology Organizations_ Florida Atlantic Builders Association Clrairrrtan of Affordable House Committee Governmental Affairs Committee $uildcrs Associarion of Soutlt Florida Co-Chairman of ?ecltnica] & Construction Committee Construction Specifications institute Building Officials Association of 11!16!^r~E~a 11: ~~^ 95arE;6aE.7: BUILDItUa PAGE Ob Florida JEROME SANZONE 200 MACFARLANE DR DEL.RAY BEACH.., FI„ PROFILE (CONT'Dl Boards: Broward County Construction Industry Licensing Board Palm Beach County Building Code Advisory Board Palm Beach County Fire Code .Advisory Board Fire Codc Board of.gdjustmcnts and Appeals S$CCI By-Laws Committee S.BCCI Codc Interpretation Committee S13CCI Existing Building Cade Committee SBCCI General Design Committee BOAF Resolution Committee Palm Beach County Hurricane Retrofit Committee Palm Bcach Count}• plumbing, Electrical and Mcchartical Review Committee ICC International Building Code Structural Committee Languages; Italian, Spanish, Japanese and Latin. 1115!^~11.} 11:~'r' 95~rSF~}h7r RUILI~IFUa P~",~~E f_1; TEROME SANZONE 200 MACFARLANE DR DELRAY BEACH, FL. 33483 CONSULTING CLIENT ACTIVITY IJS Dept of Agriculture Set up construction companies to build mass housing and train Persorutel in Venezuela, S.A., 3 projects started. National homes, Inc. Acquire product approvals for their system under the SBCCI and SFSC. Ryan Homes t\nal}~e and solve construction problems. G.D.C. Analyze and solve construction. problems. Heller, ~3leaver 8c Assoc. Evaluate buildings for condo c.onvei5ions. Genstar Developed site pla-z for planned community in S. Dede ITT Evaluated strucntres at Palm Coast in Bttnncll, Fl. Approved as expert witness in ,4mcrican l•~rbiRation and Federal Court, G•P• Analyyze and solve problems of construction applications. Northwood Industries Advised on marketing of consttuction products and gained code approvals_ MarChem Advised on marketing of construction products and gained Code approvals. Everglades Chernicsl Advised on marketing of constructionproducts and gained Code approvals. MC1-Carter Coating Advised on marketing of consrivction products and gained Code approvals. C.A. Marando Advised on marketing of construction products and gained Code approvals. florida Division of La+~~ Enforcement .4nalne, investigate. and evaluate projects as well as testify as An expert witness for the Construction Fraud Case 11!16/^ft~l.l 11: ~'^_ 95~1'S6~16',• ]31_tILDIld~a Fa!aE fI8 JEROME SANZONE 200 14JACFARLANE DR. DELRAYBEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS American Concrete Institute (ACI) American Institute of Timber Construction (AITC) Building Officials Association of Florida (FS0.4F) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Administrators (BOCA) Construction. Specification Institute (CSI) Council of American Building Officials (CABO) Intemational Conference of Building Officials (ICL30) Southern Building Code Congress Intemational (SBCCI) PROFESSIONAL CERTIFICATIONS Bro~vard County Board of Rules and Appeals; Building Official,' Plans Examiner Building Officials ,Association of Florida: Juilding Offcial; Department Director Council of American Building Officials: Building Official Florida Association ofPlumbing-Qas-Mechanical Inspector. s, Inc. State of Florida, Department of $usiness R Professional Regulation: Building Officials Codc AdmiTtistrator, Plans Exarnincr, Inspector State of Florida, Depamncnt of Business R Professional Regulation: General Contractor State of Florida, Florida Board of Building Codes & Standards Building Official RELATED INDUSTRY ACTI~+ITIES Building Association of South Florida: Co-Chairman, Construction & Codes Committee 1980-81 Chairman, Palm Aeach County Fire Codc Adr-isory Board 1990-9~t Chairman., Falm Beach County Fire Codc of Appeals 8e Adju,Stments I990-94 Calle¢e of architects, Engineers & Sarveyors Seismic Committee 1965-73 l.ow Cost Housing Committee- Puerto Rico 1963-G8 11/lE•/^_Ctt~.} 11:^^ 9~i~lf$Ei4E,1( BUILDIhJG P~6E ff9 President, Building Officials Association of Broward County 1987-SR President, Building Officials Association of Palm Beach County 1994-95 Southern Building Codc Canfiress Intonational By-T_aWS Committee 1992-93 Southem Building; Code Cungress International Code Interpretation Committee 1944-9~ Southern Building Codc Conference International Existin€ Building Code Committee 1995-97 Southern Building Code Conference International General Design. Conunittee ]997-1949 International Code Council ICC INTERNATIONAL BUILDING CODE=Structural Comrrtittec 1999_ Present 3l b~~' ~ DELItAY BEACN i ~ ~~ Zoo1 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. Last Name: Name M. I. Shaffner Che 1 E 2. Home Address: City State Zip Code 2953 Sabalwood Court Deka Beach FL 33445 3. Legal Residence: City State Zip Code 2953 Sabalwood Court Delray Beach FL 33445 4. Principal Business Address: City State Zip Code 700 East Atlantic Ave. Delray Beach FL 33483 5. Home Business Phone: E-Mail Address: Cell Phone: Fax: Phone: (561) 278-2628 ceshaffner@bellsouth.net (561) 706-2138 (561) 381-7328 561 498-3651 6. Are you a registered voter? It so, where axe you registered? Yes ,Precinct 7154 7. What Board(s) are you interested in serving? Please list in order of preference: Planning 8 Zoning, Site Plan Review and Appearance Board 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: High School Diploma, ISO and QS certifications, Business Management 10. List any related professional certifications and which you hold: Real Estate Sales Associate 11. Give your. present, or most recent employer, and position: Gringle, Doherty & Wheat, Inc., Commercial Agent ia. t~escnbe egpenences, skills or knowledge which qualify you to serve on this board (Please attach a brief resume) ~- a Attached Resume 1 hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ntained in tIu'~ application may cause forfeiture upon my part of any appointment I may receive. SIGNATURE DATE 31,1 ~ ~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SSCiTYCLERK~gOARD\ APPLICATION 2953 Sabalwood Ct Delray Beach, Florida 33445 Phone: (561) 498-3651 Cell: (561) 706-2138 Email: ceshaffner@bellsouth.net P.~eriience 2005-2006 Gringle, Doherty 8~ Wheat, Inc. Delray Beach, FL Commercial Real Estate, Realtor 2003-2004 Forex Trading Strategies Delray Beach, FL Complete accounting set-up from inception, $600,000 in sales. Including all record keeping, processing payroll, interviewing and handling all employee reviews. Accounting Manager ^ Acxounts Payables ^ Account Receivables ^ Journal Entries ^ Reconciled Bank Statements ^ Payroll ^ Human Resources ^ Unlimited Check Signing 2001 HMY Yacht Sales Palm Beach, FL Sales Assistant ^ Sales Assistant to 5 Yacht Brokers • Prepared all Documents for Closing ^ Abstract of Titles ^ Bank wires and deposits (for closings) ^ Inventory Control (Yachts) ^ Entered Listings 1986 - 2001 Flight Systems, Inc. Lewisberry, PA Flight Systems is an automotive manufacturer and a remanufacture. We manufactured ABS units, transmission controllers for Daimler/Chrysler, Volvo, Volkswagen, GM and fiord as well as generator control and monitoring systems for Caterpillar, Cummins Diesel, Onan and Detroit Diesel Allison, In excess of 19 million in sales annual. My position at Flight Systems was Accounting Manger and Internal Auditor. Duties included all Accounts Payable, Accounts Receivable, General Ledger and managed all major accounts as well as a certified ISO14001 (environmental industry standard), OS9000 and QS9001 (automotive industry standard) internal auditor. ^ ISO9001 plus QS9000 on going training for industry standards ^ Developing work instructions for all phases of production • Implemented FEMA and procedures for company. ^ Internal Auditing (weekly) to identify non-conforming products as well as making sure all work instructions and procedures were being followed. ^ Maintaining all Quality Records (required) ^ Assisted outside auditors on an bi-annual basis Accounting Manager ^ Accounts Payable aging, keeping all payables within terms and negotiating discounts. ^ Set-up all records for new accounting software CMS, IBM, an-anged and followed through on alt go live deadlines. ^ General Ledger Account coding on all invoices ^ Voucher, posting of all invoices ^ Purchasing of all non-inventory items (building maintenance items, major equipment purchases, all company vehicles) ^ Accounts Receivable aging. ^ Collections of all past due accounts ^ Receiving and entering all cash receipts. ^ Making all cash deposits, reconciling all EFT and wire transfers. • Managed major accounts for US and overseas. (Daimler Chrysler, Ford, Caterpillar, Detroit Diesel) ^ Reviewed all credit applications for business accounts. ^ Check Signing Education High School Graduate 1991 ^ Cumberland Valley High school 1991-1995 Harrisburg Area College Hbg. PA Paralegal -Intro to Para legalism, Legal Research & Writing, Domestic Relations ^ Business Management Continuing September 2001 Gold Coast School of R.E. BocaRaton,FL Education Real Estate License ^ iSO9001 -9014 and QS9000 Certification .TIJt!-L1~-~l_1t1f=. lh:l~ FP.CtI•I:PIHI: t'IILLHt! ?< STHFlLE'1' cb1c7h8c^1 TO:c~~.~77-} F' . c ? DEIKgY BEACH a~~ GEIVED CITY OF DELRAY BEACHRE t ' 6OARD MEMBER APPLICATIC~ p 6 2006 ' Q'3 ~oo~ CITY G E . Please t} x ,)r rint [{.,~ Fc,llou~in infc~i-mation' 1. L•.s[ Nam S 2. I`rnme.Ad c s: ~. , . r~ C,}T~y_ i 1..1.1E t Sr~ 7' 'ode ,~ 3. l.c~,al l~esidcncc. Cic~r ~ ~l ~ ~ Jtate Zip Conic ~?~~~ d5 ~. pL'InCI ll ~~l1SlllZCS ,~a~ress: p~ Ciiti~ Srarc zip c~,a~ ~ a~ ~ ~ ~~ ~ ~~~;~ ~ ~ ~`~$~ 5. I-Iu122e 1'honc: liusincss Phone: E-1~1aiL A3dress: ~ Cell l'6c)nc: I=a~_: 1- (). :11e y0U a rl`~1titCr2d ~.~ ~TL t~ iE ~o, .vhe e arc y'oil r 7isrcrc ~~ ? /l,ac Bo,l si arc yo>, n etc.lecl ii 5~ Plea<e list in ruder of ~referci~ce: ti, Lisc all Ciry Rnards un which yC~u err ciutcndy 5crvin~ in• ha«c. prcvi~~usly scivcd: (Fleece include darcti) 9. Educarion~l d,,ali 10. Lisc an~~ related proFcssion 11. \_I~UC 1'~I llr pIZS~Il C, r11: 1?. L~csaihc. eons and licenses which you hold: c.Inployer, and posiric,n: which yuali.fy'you to scivc on this heard: (f'leacc. ac4lch a brief resu,ne) O1• 1 hcicby certify char all 1,},2 1t)(7VC SG1LCn]CRCS drC. LrUC, and >i agree and undcrscand Char anV n,issratancnc of ma,crlal fac.s C 0114i111~C ~'i[T1. C.~~r~c~„ m~.t. ,use forfciairc upon my Parc r,f any appointment ~l may rccei.~e. ..G JRC DATI? Noce: t~s < . ,'~, . ~L•1 1CII1a111 till f11Z ul d,e t~1[y Clcrl: s Office. fur a period ok 2 years frc,cli tl>e dace it ~uas si,bnueted. 1[ will. he d,c app]ic:rnt'S respollsibilicy co ensu,:e that a cuncnt application is nn t31c. $`~[:ITYi;I.lXlitHi>.~Xl •.1VCLICAT'UJN .TI_q 1-~=1~-Lt~r~r, !r"~: 1'=! FF'Ot•1: I•IH~= I~IILLHI I r: '=~THt ILE'A' ~r~l~ tr„?f=:f=~1 Ti is L-1.~1 ~7-} 17~omAS M. 9tartfey EducRtlon profseslonal experience 1995-1999 f13.A. HLst+o~ry 1999-2002 Juuis Doetar MacMillan 8 Stanley, PLLC MacMillan 8 Stanley Building 29 NE 4th Avenue Delray Beach, FL 33483 Phone: (561) 276-6363 Fax: {561) 276-8881 tam@macmillanstan ley.cam Princeton University Florida State University 2002 -Present MacMillan 8 Stanley. PLLC Beach, FL Attorney Level 1 Title Insurance Agent Will, Trusts and Estates Estate and Gift Tax Real Es[ate closely held corporations condominium law Princeton, NJ Tallahassee, FL Delray pro~essioruai Member of the Florida Bar; American Bar Association: Delray Beach ~~~~~ Chamber of Commerce; Chairman's Club; Boca Ratan Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Palrn 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 Objectllva I am a Delray Beach native and have a vested interest in the success of Delray Beach as a downtown landowner and businessman. I feel that my skills and knowledge as a long time Delray native and attorney will bring added depth to many of the City of Delray Beach developmental and review boards. F'.._ _ DELRAY BEACH AIhM~xigCity ~ ~ CITY OF DELRAY BEACH ~+EG~~vED BOARD MEMBER APPLICATIOI~~N~ 2-~ Z04~ Zooi C`TY CLERK Please a or Tint the followin information: ~('1~~ 1. Last Name: S ~~ n Name ~~~ / ~ M. I. 2. Home Addres : r- City State ~ ~ + / Zi Code Y 3. Legal Residence: ~~~ ~ City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: z ~y- ~ ~ Business Phone: ~~3 -- ~~'~ E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? ~ / If so, where are you registered? ~~ ~ !J `•T at Board(s) are you interested in serving? Please list in order of pr re ce: ,0 ~ {~ lJ ,~ ~ ~ ~}~c ~ ,,P 1~-- Q ,.., 8. List all~tyo oards on which ou are currently servin or have pre io sl served• lease include ates) `~~/ ~2cF.~-t~.,cJ 9. Educational qualifications: T o~ ~'' ,Zj~s~c ~ G f c ~~ ~.r 10. List y xelated professiona ertifications and licenses which you hold: ~ l ..ALL /~IJD/f 11. Give your present, or most recent employer, and osition: 12. D~scribe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resume) oC y~ ~ ~ G /•'~ ~J ~ ~ ~/l/~ S ~~ , ~~ l~~ ~ d/~ ?~~S £Sl~~ d ~ ~~~2~ ~ ~ ail ~/l i"on ~ £ ~~ j i2£ v//~ ~ is I hereby certify all the above statements are true, and I agree and unders and that any misstatement of material facts co in s applicau,% -fo eiture upon my part of any appointment I/may r eave. / G A RE / DATE v l ~ti T~~ii Notes This application will remain on a in the City Clerk's Office for a period of 2 years from the date itwas submitted. It will be the applicant's responsibility to ensure that a current application is on file. - SICITYCLERKIBOARDIAPPLICA770N ._u-iL-~~r,_~-`i.~i•i:~~ ~. I l~C ! 14 • ~~ I . I . C. l•. ~, r ~~r~ ! r~r~ I ~ i 4 4'~~~~ f'. ~~~i•~`: ~.u9: ; 07/OII/06 TUE 11:12 FA~C 58124~J774 CITY CLERK ~ 004 DaRAY SF~ICH a s ~ ~ C17'~( OF DELR.AY BEA,GH BaARD MEMBER APPL[CATiO~ ® ~7~ Z 993 ' 200'i vl,-..... ,.e..^ ~,~ .,.;.,r rl,r Fnllnmino its Fnrrn~rinn_ i_ Isst Name yo~,~~~ Name ,~,~oR~-w M L s 2 _ Home Addtess: • Co 36 • [~,~r D R - City TJtS?lla ut Srace !=L 7-ip Code 334~s' s. ~ 1~~~ ~ - - Cite sat< 2sp Code 4. P:;napai~Busiacss Address: (12 S.~ - r~T~ sT City Q-~~`t 8~ Sa~.te ~ lx~ T1p Code 33da3 5. Homc Phone Busia~ss Phone L-Mail Addrrsr CeQ Phone: Fay ~Gl-Z~G- 4~3 SLR-27¢ -v NU2~ (~C6/!. ~l2-ZGb4-'. 2~6-OZ2~. 6. Ate you a iegistcsed votes? ~~ If ao, whrte acs you t~jstcszd.? ~i0li•o Bet! GAy,~j 7. Wbzc Board{a) atic 9'oa ince~csted in scr~ia~? Pl~se list in urda of preScrr~act • ~!~ ~V li/~ri/~~6 ~ ~on/~n~6 ~dAyf-~O $. list aI6 eitp Bands on vdsich you azc curscndy serving oc have prcvianslp sewed (Plezse iedudc dz-c~} vac. C~v X30,0 2Oo2 T.•,~ito-- 2~'~4- 9_ Educltionai clu3lificztiotis: ' lo. List aay iehted profz.sional cactifieatious nad lieen9es Which yvu hold faS ~•- L G~/Fr-,~de47L - ~ ~6~ ~v So/r.+~ ~'t~L..,~ /A ~iC 11. Give yours pr~mt, or most toccaL emplayss, and position: • c ~.C/o ,...~ ' a~resS dhEs.,.c~i JL~,~ 12 Describe czpmeao~, skills oc 1mcr~Icdgctiirbich qual%fyyon ro sezve oa this board: (Plcasc amtch a bticEresumc} GC Gc. C1y-tG ~ Q ~~G I baclzy caafy that all the above sescaaents zzc true, zad I agree aad vadaataad tioac aay missbermanc of material 6cts eoat3iied is c4is a pluadon map ague Fozfeitucc npaa my pa=t of soy nppo~cat I ti>sy seeeisa ~ , - -~ ~ ~~- 1~~GE1V SIGNhTURL' ~~ ~ . • JUG ~0 7 20 • [~ ~5 Noce 'this appl"~cadoa will semaia oa blc is the City Qak's Office for z period of 2 }-eza from the date ~L Wa8 ~~ submitted It Will.~bc the sgplirsu~s u$Qonsibiliry to e.nszte• that a euaeat applic~tioa is on fI ~'~~` ~~ sarraro~a~m-rx~ox ANDREW J. YOUNGRO55 636 well Drive Delray Beach. Florida 33445 (561) 276-0274 EDP CAT/D~ 8153 5186 Florida Atlantic University, Boca Raton, Florida Bachelor of Silence. Electrlca! Enyineerirlg 8176 - 5178 Browa,-d Community College. Coconut Creek. Florida Associate of Arts Degree R~G1SJBBIlO~l E.I.T. -October, 1991, PE Georgia 1997, PE Florida 1997, PE Alabama 1997 , California 2002. Virginia 2002, South Carolina 2002. EMPIOYMENT_.- March 2004 ~ Thompson, Youngross Engineering Consultants, LIC, Delray Beach, Florida Present (561) 274-0200 As a principal of Thompson, Youngross Engineering Consultants. 1 oversee tl~e Electrical design documents and coordinate all work in the office. I continue to perform site investigations, meet witl', clients and design electrical and mechanical systems. September 1999 - Youngross. Cardenal & Associates, Consulting Engineers LLC, Delray Beach March ~ 2004 , Florida, (561) 276-0274 President April 1998 - Youngross & Assouates, Consulting Engineers, Delray Beach, Florida (561 }- 276- September 1999 0274 President As president of Youngross & Associates. I oversee all design documents and coordinate all work in the office. I continuo to perform site investigations, meet with clients and design electrical and mechanical systems. August 1995 - R.A. Kamm 8~Associates, lnc.. Boca Raton. Florida (561)-995.8636 April 1998 Project Manager, Principle My responsibilities at R.A. Kamm & Associates included, site investigation of existing as-built conditions, canstruction cost estimation, power distribution design, stand-hy power generation, power studies, submittal approvals, lighting calculations and layout design, design of automatic fire alarm and smoke detection systems, and field inspections. Other responsibilities included project management and electrical depart,zient head. July 1988 - Blakely-Ward-Stuckey of Florida, lnc.. Pompano Beach, Florida (305)-781-8422 August 1995 Desicyn Engineer My responsibilities at BWS include, site investigation of existing as-built conditions, construction cost estimation, power distribution design, stand-by power generation, CAD Maintenance, power studies, submittal approvals, lighting calculations and layout design, des,gn of automatic fire alarm and smoke detection systems, and field inspections. June 1986 • National Security Agenry. Fort Meade, Maryland July 1988 Project Engineer, Design Engineer Leadership Communications Systems Department' Digital hardware design engineer for a digital desktop telephone. The study and implementation of various encryption modules for use in microprocessor applications. Office of Faculties Engineering: site investigation of existing as-built conditions. construction cost estimation, power distribut,on design, load center sub-stations, CAD drafting. power studies, design of automatic fire alarm and smoke detection systems, lighting design and field inspections- A. FF_/L/.9.T./O~!S~ NFPA. FES, IEEE HOBB/ES: Golf, Remote ConVol Model Airplane building and flying, Chess MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: AUGUST 7, 2007 SUBJECT: AGENDA ITEM # ~ ~ • ~ -REGULAR MEETING OF AUGUST 21, 2007 RESOLUTION 46-07 ADOPTION OF PRELIMINARY ASSESSMENT ROLL FOR THE SW 8 AVENUE SPECIAL ASSESSMENT DISTRICT ITEM BEFORE COMMISSION The attached resolution, if adopted, will authorize the establishment of the SW 8th Avenue Special Assessment District. BACKGROUND The District is being established in order to provide that certain property owners shall contribute to the construction of the SW 8th Avenue road between SW 10th Street and SW 11th Street. Only those property owners abutting SW 8th Avenue in this area shall be assessed. The total cost of the project is estimated to cost $206,000.00. The property owners shall contribute $49,200.00. At the conclusion of the construction the property owners may pay the assessed amount in a lump sum or in ten annual installments at an interest rate of 8%. RECOMMENDATION Staff recommends approval. cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer RESOLUTION N0.46-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE PRELIMINARY ASSESSMENT ROLL FOR THE SW 8Tx AVENUE SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES GENERALLY ABUTTING SW 8Tx AVENUE BETWEEN SW lOTx STREET AND SW 11Tx STREET, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 4, 2007, the City Commission adopted Resolution 35-07 which declared the necessity for establishing the SW 8th Avenue Special Assessment District ("District") in order to defray a portion of the expense for the construction of a road within the District; and WHEREAS, on July 10, 2007, the City Commission adopted Resolution 38-07 which set the date and time for the public hearing at which the City Commission would consider the approval of the District; and WHEREAS, the City Clerk has advertised the public hearing and mailed notices to the property owners to be included in the District; and WHEREAS, the District will include all those properties listed on the assessment roll which is attached hereto as Exhibit "A", and as shown on the map attached hereto as Exhibit "B"; and WHEREAS, the total estimated cost of the road construction improvements is $206,000.00, of which the property owners will pay $49,200.00 and the City will pay the remainder; and WHEREAS, each property owner shall be assessed on a front footage basis; and WHEREAS, each property owner may pay their assessment in one lump sum no later than sixty (60) days following certification that construction is complete; and WHEREAS, each property owner may pay the assessment in ten (10) annual installments at an interest rate of eight percent (8%), as indicated on Exhibit "A"; and WHEREAS, the owner of property within the District for which an assessment is levied shall thereafter by responsible for payment thereof. 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, following a duly noticed public hearing, does hereby adopt the above recitals as if fully set forth herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby adopts and certifies the assessment roll for the SW 8th Avenue Special Assessment District, as set forth in Exhibit "A" which is attached hereto and incorporated herein. Section 3. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on the day of , 2007. Mayor ATTEST: City Clerk N H H x W O M O .ti .~ ~ ~ O 3 c°,, H ~O 3~ 1 d3 O 3~ i.r 0 0 0 0 0 z ~ ~ 00 O NO O O O O O ~ N N N N C~ ~ O O O O N ~„ O O O O O p o 0 0 0 C N N N N O V 0 0 0 0 0 ~a N N N N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N N N N N ~ .-~ ...r ~ .--~ N ~ h V'~ .~ ~ M M M M l~ ~ N N N N Q~ ~ E +r p \O ~D ~D ~O M ~O ~O ~D ~O ~ C , > 69 69 69 69 6 ~ ~ W ~ ~ F" ~ A y R P.i O ~ '~ ~ OA O C7 ~ W ~ d O `~ N U ~ w ++ ooooo °o a ~ ~ o 0 0 0 0 o 0 0 0 0 0 0 O O O O O 0 O N d 00 00 00 0 v v v v o ~ d. ~, v~ u4 ras ~v M ~ a f/3 as e h H a ~ o ~ O M y 0 0 0 0 v1 ~ pD O O O O ~ o ~ ~ N p 6R 69 .}' h y U y 'b ~ ~"' ~ ~ 7 ~ Q 01 Q CA Q ~' ~ U O ~ i O~0 O~O 'b ~ O `" ° ~ w `~ 33 X33 o ~, ~~~~ p y ~ ON ~ `,3 ~ 00 ~ Cj ~ 0 0 a 0 ~ .p L U C °~ .o ~ U ~~"" ~ ~ rte/] Ca ~ W °' x W c~4 W ~ i a~ ~ ~ ~ a ~ ~ ~ ~ cnUC7UU n g N O P4 H H H x w ~~+-+ VJ L r Cn ~.~..~ /1 L +-+ `~J Q ~~ ~--+ .~ _! ~~ ^~ W u~If~s- 3 4 0 ~° ~~ a ~'~ o M AY r ~n - -- - 5~1V 7TH AYE ~~ ~~ ~ F u~ .' MS Y EIIS 1~S ~, 0 .» M fl w 0 w C d y N d H H .~ 'O a~ c _N L a 0 L U N N m D 0 N N MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # I . l'~ -REGULAR MEETING OF AUGUST 21.2007 ORDINANCE NO 25-07 -CITY INITIATED AMENDMENT TO LDR AMENDING SECTION 2 4 2, "NOTICE REOUIREMENTS". AND SECTION 2 4 3 "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3~K~, "FEES" DATE: AUGUST 17, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a Ciry initiated amendment to the Land Development Regulations (LDR), Section 2.4.2, "Notice Requirements", Section 2.4.3, "Submission Requirements", and Subsection 2.4.3(x), "Fees", to provide for an increase in the Development Applications, Plan Check Fees and Building Permit Fees. BACKGROUND At the first reading on July 24, 2007, the Commission passed Ordinance No. 25-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 25-07 on second and final reading. S:\Gry Clerk\AGF.NDA COVER MEMOS\Ordinance Agcnda Memos\Ord 25-07 Amend LDR Sec 242 Notice Requirements Sec 24.3K Fees.d« MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JASMIN ALLEN, PLANNER rn.-~r!G~~ MARK MCDONNELL, AICP CTING DIRECTOR PLA1NNING AND ZONING THROUGH: CITY MANAGER ~~~~ +~~~ ,~-`~ \ C"~d" A-ss ~ sfa~'F Cr+~ DATE: JULY 18, 2007 cl IR IR[`T• AC~FNI~O ITEM $ ~ [... B -REGULAR MEETING JULY 24, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 2.4.2 "NOTICE REQUIREMENTS" AND SECTION 2.4.3(K) "FEES" TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATIONS, PLAN CHECK FEES AND BUILDING PERMIT FEES. ITEM BEFORE COMMISSION The item before the Board is that of approval of an amendment to the Land Development Regulations to provide for an increase in development applications, plan check and permit fees. BACKGROUND During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. In 2005, an LDR amendment was processed that increased the development application fees by 5% as well as provided for significant adjustments for zoning verification letters and for Certificates of Appropriateness (COA) requests as they related to demolitions, new construction and additions in historic districts that required Board review. Staff has researched adjacent municipality fee schedules for similar development activities and has determined that an additional increase in the Development Application fees of 5% is justified. In addition, significant increases are also proposed for Amendments to the Comprehensive Plan, Rezoning, Amendments to the Land Development Regulations, Conditional Uses, Abandonment of rights-of-way and Variances, as the current fees for these applications were found to be well below the average fees charged by those municipalities surveyed. The proposed changes also include increasing the review fee for single family homes within the North Beach/Seagate and Ocean Neighborhood Overlay Districts to $850.00 to reflect increases proposed in the renewal contract between the City and Urban Design Studio; and, a new fee for advertising and recording costs. Currently, initial advertising costs are paid by the City, and the applicant is responsible for the cost for re-advertising if the project is postponed or modified by the applicant. The proposed change would require the applicant to pay for all the advertising costs, including newspaper publications, and to provide self-addressed envelopes with the required postage for mailed notices. Finally, increases in all categories of building permit fees and the addition of some new fees are proposed based on the substantial review and comparison to other municipalities and Palm Beach County. Staff is also recommending a plan check fee, calculated at one half of the assessed permit fee, be paid when building plans are submitted for application, thus requiring the plan check fee for all permit applications regardless of the construction value. The plan check fee will be credited to the cost of the applicable permit at the time of issuance. City Commission Regular Meeting of July 24, 2007 City Initiated Amendment to the LDR Regarding Increasing the Development Application, Plan Check and Permit Fees. 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 July 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 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. 25-07, amending Land Development Regulations (LDR) Section 2.4.2 "Notice Requirements" and Section 2.4.3(K)(1)(2)&(3) "Development Applications", "Plan Check Fees", and "Permit Fees to provide for increases to the fee schedule, 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 August 7, 2007. Attachments: ^ Ordinance No. 25-07 ^ Planning and Zoning Board Staff Report of July 16, 2007 2 ORDINANCE N0.25-07 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 2.4.2, "NOTICE REQUIREMENTS"; SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(I~, "FEES", SUB- SUBSECTION 2.4.3(x)(1), "DEVELOPMENT APPLICATIONS", 2.4.3(I~(2), "PLAN CHECK FEES", AND 2.4.3(x)(3), "PERMIT FEES", TO PROVIDE FOR CERTAIN COSTS TO BE PAID BY AN APPLICANT AND TO INCREASE THE DEVELOPMENT APPLICATION, PLAN CHECK FEES AND PERMIT FEES CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 16, 2007, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the Ciry Commission of the Ciry of Dekay Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the Ciry Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ec 'on 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.2, "Notice Requirements", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.2 Notice Requirements: The Ciry Commission, the Planning and Zoning Board, and other Boards which are involved with the implementation of these Land Development Regulations shall conduct meetings and shall provide public notice of their tentative actions pursuant to this Section. All costs incurred by the City fox advertising, tirT oviding notice and recording of any documents shall be paid b,~ the Applicant. Section 3. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(x), "Fees", Sub-subsection 2.4.3(x)(1), "Development Applications", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.3 (I~ Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development A~tilications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ 2-,349 2 500 (b) Review of a ADA/DRI $ z~ 3 640 Modification of a DRI $ ~~ 1,215 (c) Voluntary Annexation with Zoning $ x-$59 1 105 (4) (d) Rezoning of Land $ '~ 2.000 (e) Modification of a SAD Ordinance to add a use or uses $ '~ 2.000 (f) Conditional Uses, New Application $ ~~59 1,500 Modification requiring Board Review $ 388 610 (g) Master Plans $ '.~.~ 1.215 (1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 3S9 610 (i) Similarity of Use $ 299 305 (j) Site Plan Review: Class I (Non-Impacting Modification) $ 4A5 110 Class II (Non-Impacting with Board Review) $ 2~A 225 Class III (Minor Modification) $ §~ 550 (1) Class IV (Major Modification) $ S~9 915 (1) 2 ORD. N0.25-07 Class V (New Submission) $ ,~ 1,215 (1) (k) Extension requests for a previously approved $ SSA 610 conditional use or site plan (only one fee is required if both items are being extended for one project) (1) Plats Minor Subdivision $ $~9 915 (1) bdi i i M S $ 1 TT 1 1 825 ajor v on u s fT J ) ( Plat Recording Fee (3) (m) Abandonments Right-of--way $ X89 750 General Easements $ 3§9 370 Specific Easements $ ~ 185 (n) Master Sign Program $ ~A 1~ (o) Variance through the Board of Adjustment or the $ ~9 500 Historic Preservation Board (p) Formal interpretation by the Board of Adjustment $ ~ 60 (q) Certificate of Appropriateness by Board Alterations and/or Repairs $ ~ 60 (2) New Construction and Additions $ §~ 555 (1) Demolition and Relocation $ §~ 555 (r) Certificate of Appropriateness by Administrator $ 0 (s) Request for Historic Designation $ ~5 60 (t) Hearing before the Board of Construction Appeals $ §b 60 (per item) $ ~ (u) Temporary Use Request involving City Commission $ ~A 130 Action (v) Water Service Agreement Request - - without concurrent site plan $ x-29 - - with concurrent site plan $ 0 3 ORD. N0.25-07 (w) Land Development Regulations Text Change (x) Waivers and Internal Adjustments (y) Appeals by Applicant (z) Advertising (aa) Zoning Verification Letter (bb) Single Family Overlay District Site Plan Review (cc) Application Fee for In-Lieu Of and Public Parking Fee Requests $ ~;95A 1500 $ ~9 130 per request (6) $ ~ 250 per request ('7) $ ~ 335 (8) (~) $ ~-1•A 120 $ ~3A 850 (1) $ ~& 225 (10) NOTES: (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived by the City Manager, for properties that have akeady been developed, or for sites under one (1) acre in size. (5) Same fee that would apply for site plan modification. (6) For requests made during the site plan /master plan review process. ('7) For requests made subsequent to the site plan /master plan review process. (8) Includes appeals of both administrative decisions and Board actions. (9) .The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide self-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4Lprior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such ,postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. 4 ORD. N0.25-07 (10) If approved, this fee will be credited toward the associated site plan modification. 11 Recording fees of and documents shall be paid by the Applicant. Section 4. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(I~, "Fees", Sub-subsection 2.4.3(I~(2), "Plan Check Fees", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (2) Plan Check Fees: 16k~ade: (a) The Plan Check fee shall be paid when ~g-plans are submitted to apply for the applicable permit. The fee shall be equal to one-half (1 /2) of the g permit fee [see item (3){h)]. This Plan Check fee shall be credited to the cost of the applicable permit at its time of issuance and is non refundable. (b) A Change to Plans or Shop Drawings Fee of $~3 75 for the first sheet plus $1.00 per each additional sheet shall be charged for any Plans not submitted with the original permit application. (c) A Master Plan Submission Fee of $~9A 1 500 shall be paid when the Master Plan for a project is submitted and is for Plan Review. It is not part of the permit fee and is non-refundable. Section 5. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(x), "Fees", Sub-subsection 2.4.3(I~(3), "Permit Fees", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: (3) Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a) Shrub Clearing Permit: -- one acre $ ~ 100 and $10 for each additional acre -- tie-te~~'v'-e-s ar ~ n -- ;mi t6 ~etl-R at ~ c ,.~..__.._ ~ ac --c ORD. N0.25-07 (b) Tree Removal Permit: $ ~Fr.59 ~ per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $ -0- (c) Temporary Use, not requiring City Commission action (e.g. Tents) (d) Mitigation Verification Affidavit (e) Work in the Public Right-of--way (fl -a~fiea#ter~ Renewal/Extension of Permit (g) Signs and Signing Application Fee Permit Fee, non-electric Permit Fee, electric $ ~-+-depestt 150 ~-s9--~~6~8-fie 25 $15 1t C 150 $ ~§1~9-25 $ X39 2/ sq.ft./ face $ ~A:AA 20 Plus $ 1TJD-2 / sq.ft./ face (h) Permits for new buildings and additions which include all fer the following items: * Building Permit * Electrical Permit * Plumbing Permit * Mechanical Permit * Roofing Permit For permit activity valued at $1,000 or less: -- Minimum fee of: $ 4.99 50 -- Plus: $29:35 30 per required inspection -- Plus: $ 2§:9A ~Q per reinspection (1) -- Plus: $ ~9:9A 100/each change of contractor 6 ORD. N0.25-07 For permit activity valued at $1,001 or more: -- Minimum fee of: $ 41-:99 50 and $~5 20 per each additional $1,000 of value, or fraction thereof -- Plus: $ ~§AA 50 per reinspection (1) -- Plus: $ AAA 100/each change of contractor (i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000 or less: -- Minimum fee of: $ ~8 40 -- Plus: $ ~~ 30 per required inspection -- Plus: $ ~§S9 50 per reinspection (1) -- Plus: $ ~9:9A 100/each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $ ~9 40 and $~9 20 for each additional $1,000 of value or fraction thereof -- Plus: $ ~rA9 ~ per reinspection (1) -- Plus: $ 39:A810~/each change of contractor > > (j) Permits for sub trade work including, but not limited to: * Site work * Structural Pest Control * Underground Fuel Tanks * General Construction * Subcontracts for General Construction 7 ORD. NO.25-07 For permit activity valued at $1,000 or less: -- Minunum fee of:$ 418 50 -- Plus: $ ~b 30 per required inspection -- Plus: $ X3:88 50 per reinspection (1) -- Plus: $ 38:88 100/each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of $41-98 -- Plus: $ X98 40 for each $1,000 of value or fraction thereof -- Plus: $ ~§~8 50 per reinspection ,(~ -- Plus: $38:88 100/each change of contractor (k) Moving of a building or structure: $31~(~8 400 (1) Demolition of a building or structure: $H3:58 100 (m) Drilling or Driving a Potable well: $E~-338 70 ~~ {e) ln~ Change-out Permits: A change-out permit is for work by a sub-trade contractor or qualified owner-builder which involves the repair or replacement of minor components. Minor components include, but are not limited to, showers, sinks, water heaters, air-conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. ~ Value of less than $200: $ -0- Value of $200 to $1,000: $ ~ 50 Value greater than $1,000 per normal permit l~Q«~e~ters~- -8- {pj U. Certificate of Occupanry: -~ -'6ertifiest~6--638 -- Conditional Certificates: $ H~8 700 ~ ~ Penalty for failing to call for a final inspection: $ 38:88 100 ORD. N0.25-07 {r}~. Penalty where work is begun without a permit: Where work fox which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. {s~ ~ All service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. js~ Construction Trailer: 5250 each ,plus sub trade pernuts j~ Sales Trailer: 5750 each plus sub trade permits. NOTE (1): Reasons necessitating additional inspection fees include, but are not limited to: * The work, or correction to previously inspected work, does not meet code requirements: * An incorrect address is on the a~nlication by action of the applicant: * The work, or correction to previous inspected work, is not ready for inspection at the time specified in the application for reinspection. Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. 9 ORD. N0.25-07 PASSED AND ADOPTED in regular session on second and final reading on this day of , 200_. ATTEST City Clerk First Reading Second Reading MAYOR 10 ORD. N0.25-07 DEIRAY BEACH uE+v~car:Er ,~~• 1993 ?(N)t 'PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JULY 16, 2007 DELRAY REACH ~-~ ~~~-~ 1)93 2(N11 AGENDA ITEM: III.C AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.2 "NOTICE REQUIREMENTS" AND SECTION 2.4.3{K)(1)(2}8~(3) TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION, PLAN CHECK FEES AND PERMIT FEES. ~:, .. ; ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) to increase the land development application, plan check and permit fees pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND ANALYSIS This amendment is to Section 2.4.3 (K)(1)(2)&(3) which outlines the current fee schedules for "Development Applications", "Plan Check Fees", and "Permit Fees". Additionally, changes to Section 2.4.2 "Notice Requirements" are proposed to require that all advertising, notice and recording fees are to be paid by the applicant. During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. In 2005, a LDR amendment was processed that increased the development application fees by 5%. In addition, the proposal included significant adjustments for processes that were undervalued such as requests for zoning verification letters and included a new fee for a Certificate of Appropriateness (COA) as it related to demolitions, new construction and additions in historic districts that required Board review. Since there has been no modification to the fee structure since 2005, staff has re-evaluated the current fee schedule and the following changes are proposed: Development Application Fees Staff researched adjacent municipality fee schedules for similar development activities and determined that an increase in the Development Application fees of 5% is justified. The fees have been rounded up in increments of five dollars ($5.00). This increase would place the City of Delray Beach's fees comparatively closer to an average of the fees charged by the municipalities surveyed. In addition, the proposal includes significant adjustments for specific processes that were determined to be undervalued. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment -Land Development Application, Plan Check and Permit Fees , Paoe 2 Significant increases are proposed for Amendments to the Comprehensive Plan, Rezoning, Amendments to the Land Development Regulations, Conditional Uses, Abandonment of rights-of- way and Variances. Processing applications for these actions require a greater depth of analysis and the preparation of a detailed staff report and often involve the testimony of expert witnesses. The current fees were found to be well below the average fees charged by those other surveyed as noted in the table below: Averages of .Proposed Delray Boca Raton West Palm Boynton Palm Beach Fee Fees Beach Beach Beach County Schedule (Delray. Beach ,;r . Comprehensive $2,310.00 $3,535.00 $3,000.00 $1,000.00* $2,700.00 $2,509.00 52,500.00 Plan Amendments LDR.Text $1050.00 $701.00 $3,000.00 $1,000.00 - $1,438.00 y1,500.0U Amendments Rezoning $1,390.00 $4,003.00* $3,000.00* $2,000.00* $1,900.00' $2,459.00 $2,000;00' xa ,: _ ==f Conditional Uses $1,050.00 $3,416.00 $3,000.00* $1,000.00 $1,200.00 $1,933.00 $1500.00'; Variance $210.00 $761.00 $1,000.00 $500.00 $600.00 $614.00 5500.00 Abandonment $580.00 $3,500.00 $2,000.00 $750.00 - $1,708.0 :5750.00`' of R-O-W *These are sliding fees and the maximum fee range was used. The proposed changes also include a new fee for advertising costs. Currently, initial advertising costs are paid by the City, and the applicant is responsible for the cost for re-advertising if the project is postponed or modified by the applicant. The proposed change would require the applicant to pay for all the advertising costs, including newspaper publications, and to provide self- addressed envelopes with the required postage for mailed notices prior to the hearing before a Board or the City Commission. This is a common requirement of other municipalities. An increase from $750.00 to $850.00 for review of single family homes within the North Beach/Seagate and Ocean Neighborhood Overlay Districts is proposed to reflect increases proposed in the renewal contract agreement between the City and Urban Design Studio. Plan Check and Permit Fees Staff is recommending increases in all categories of building permit fees and the addition of some new fees, based on the substantial review and comparison to other municipalities and Palm Beach County. Historically, Delray Beach building permit fees have been at the low-end of the scale in comparison to municipalities within Palm Beach and Broward Counties. The proposed increases put the City closer to the average of the fees charged by the municipalities and counties surveyed. Staff is also recommending a plan check fee, calculated at one half of the assessed permit fee, be paid when building plans are submitted for application, thus requiring the plan check fee for all permit applications regardless of the construction value. The plan check fee will be credited to the cost of the applicable permit at the time of issuance. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment -Land Development Application, Plan Check and Permit Fees , Page 3 Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.2 "Notice Requirements" and Section 2.4.3(K)(1)(2)&(3) regarding proposed increases to the Land Development Application Fees, Plan Check Fees and Permit Fees, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Proposed Ordinance MEMORANDUM TO: MAYOR AND CITY,.,C,O/MMISSIONERS FROM: CITY MANAGER~~/v SUBJECT: AGENDA ITEM # ~ O • ~ -REGULAR MEETING OF AUGUST 21, 2007 ORDINANCE NO. 28-07 -CITY INITIATED TEXT AMENDMENT TO CHAPTER 71, "PARKING REGULATIONS" DATE: AUGUST 17, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated text amendment to Chapter 71, "Parking Regulations" of the Code of Ordinances, by amending Section 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", regarding the increase of Parking Meter Fees, east of the Intracoastal Waterway from $0.75 to $1.00 per hour. BACKGROUND At the first reading on July 24, 2007, the Commission passed Ordinance No. 28-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 28-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordi~nnce Agenda Menros\Ord 28-07 Amending Chpt 71 Pazking Regulatbns -Parking Metets.doc City Commission Regular Meeting -July 24, 2007 Approval of a Text Amendment Increasing Meter Fees and Extending The Time Period Meters Must Be Paid PARKING METER RATE SURVEY West Palm Beach -Has 1500 on street spaces and 2600 spaces in garages. The fee is $1 per hour for garage parking and 25 cents for 15 minutes, ($1.00 per hour), on- street. Garage rates are effective 24/7 and payment in lots is required between the hours of 6:00 AM and 10:00 PM. On-street meters must be paid between 7:00 AM and Midnight. These rates are expected to increase in the next year. 2. Boynton Beach - At the beach area, a flat fee of $10 per day in season and $5 per day off season is charged. Resident Stickers are available for $30 per year and non- residents can purchase stickers which are only valid from May 1 to Nov 30 at a cost of $90. 3. Boca Raton -The fee for parking in various parks is a flat rate, ranging between $15 to $18 per day, based on the park location and depending on the day of the week or holiday. A survey is being conducted to consider a new parking program to charge parking fees at various areas throughout the City. The staff recommendation for the program is $1.50 per hour based on a 10 hour day. 4. Deerfield Beach -Charges 25 cents for 10 minutes ($1.50 per hour) between the hours of 7:00 AM and 11:00 PM. Resident stickers are available for parking lots at a cost of $50 per year. They are considering an increase for beach parking only. 5. Lake Worth -Charges $1 per hour at the 10 parking meters in the City. No other paid parking is offered. They are currently considering a paid parking program to install meters in their downtown. 6. City of Hollywood -Charges $1.00 per hour for on-street parking throughout the downtown and beach area. Garage parking is $0.75 per hour with the exception of the Johnson Street Garage which is a flat fee of $7.00 and a special event rate of $10. These rates are applied 24 hours per day, seven days a week. Additionally, a smart card program is in effect which provides access cards for use at on-street meters only, at a cost of $85 plus tax per month. 7. Fort Lauderdale - On-street meters vary in price from $1.00 to $1.75 per hour based on proximity to major attractions (i.e. beach, playhouse, entertainment district, etc.). Garage parking in the beach area is $1.00 per hour while on-street parking is $1.25 per hour. ORDINANCE NO. 28-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLES IN CERTAIN METERED SPACES", TO PROVIDE FOR THE METER FEE CHARGED AND THE PARKING LOTS AFFECTED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City wishes to increase the parking meter fee, to be more in line with surrounding municipalities, as it has not had an increase in the fee since 1990; and WHEREAS, the City also desires to add the Gleason parking lot as a metered lot. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulations", of the Code of Ordinances is amended by amending subsection 71.058, "Cost of Parking or Standing Vehicles in Certain Metered Spaces", to read as follows: Sec. 71.058. COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES. (A) The cost of parking or standing a vehicle in a parking meter space located in the ertk Orange Grove (Marriott Hotel North) parking lot, the Ingraham Avenue parking lot, the Gleason parking lot, and in the parking lots at Atlantic Dunes Park, Anchor Park, and Sandoway Park shall be One Dollar ($1.00) per hour. The cost of parking or standing a vehicle in a parking meter space located along State Road A-1-A or Atlantic Avenue, east of the Intracoastal Waterway (ICW), shall be g~e ee~ts-{~69:~-5} One Dollar ($1.00) per hour. (B) The only coins which the meters accept are United States ~ cur encl. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading, however enforcement shall occur at such time as a meter is reprogrammed or replaced to reflect the new rate. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST: MAYOR City Clerk First Reading Second Reading 2 ORD NO. 28-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~,~ SUBJECT: AGENDA ITEM # ~ ~ • ~ -REGULAR MEETING OF AUGUST 21, 2007 ORDINANCE N0.30-07 DATE: AUGUST 17, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading fox an ordinance amending Chapter 117, "Landlord Permits", of the Code of Ordinances by amending Section 117.2, "Permit Fees", to provide for an increase in the Landlord Permit fee from $30.00 per unit to $50.00 per unit. BACKGROUND At the first reading on August 7, 2007, the Commission passed Ordinance No. 30-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 30-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 30-07 Amend Chapter 1171andlord Permit Fees.doc MEMORANDUM To: MAYOR AND QTY COMMISSIONERS From: LULA BUIT_ER, DIRECTOR COMMUNITY IMPROVEMENT AL BERG, ASST. DIRECTOR COMMiJNITY IMPROVEME Through: Subject: ITEM BEFORE THE COMMISSION: City Commission approval of Ordinance No. 30-07 amending Chapter 117, "Landlord Permits" of the Code of Ordinance by amending Section 117.2, to provide for an increase in the Landlord Permit fee from $30 per unit to $50 per unit effective October 1, 2007. BACKGROUND: The City~s Landlord permit fees were last raised in 1993. Staff surveyed other municipalities with similar programs to determine if our current fee was within the norm. Our review indicated that the Delray Beach fee is one of the lowest charged at this time. In addition, we considered the new programs offered via the Rental Inspector position that are made available to investor properties to assist in meeting the standards for rental properties as desired by the community that far exceed what is being offered by others. We surveyed the Cities of West Palm Beach, Boynton Beach, Tampa, Bonita Springs and Gainesville Florida. Raising the fee will bring the City of Delray Beach to a more equitable rate with other municipalities and ensure we are able to continue providing the education and technical assistance programs designed to achieve the City's goal of quality neighborhoods. FUNDING SOURCE: N/A RECOMMENDATION: Staff recommends City Commission approval of the increase in the Landlord Permit fee from $30 to $50 upon the adoption of the amendment proposed under Ordinance 30-07 and applicable to Chapter 117.02. 2007. INCREASE LANDLORD PERMIT FEES ORDINANCE NO. 30-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Ciry wishes to increase the landlord permit fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits", of the Code of Ordinances is amended by amending subsection 117.02, "Permit Fees", to read as follows: Sec. 117.02 PERMIT FEES Applications for a landlord permit shall be available through the Community Improvement Department. The annual permit fee shall be fi~ dollars ($~8 50.00) per unit. Such permit fee shall be for one year from the date of issue on November 1 of each year. This fee shall not be prorated. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD. NO. 30-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~~ SUBJECT: AGENDA ITEM # I ~' ~ -REGULAR MEETING OF AUGUST 21, 2007 ORDINANCE NO. 24-07 -CITY INITIATED AMENDMENT TO LDR SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", AND SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL DISTRICT" DATE: AUGUST 17, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated amendment to the Land Development Regulations (LDR), Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(I~, "Development Standards Matrix", and Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(A), "Purpose and Intent", to add references to the Carver Estates Overlay District and the Infill Workforce Housing Area. BACKGROUND At the first reading on July 24, 2007, the Commission passed Ordinance No. 24-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 24-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ckdinance Agenda Memos\Ord 24-07 Amend LDR -Carver Eagles Overlay District & Infill Workforce Housing Area.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER" PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING N `".' ., THROUGH: CITY MANAGER ~~~~~~ DATE: JULY 17, 2007 n A SUBJECT: AGENDA ITEM # ~ ~• • 1'~ -REGULAR MEETING OF JULY 24, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.3.4 "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX", AND SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL__(RM) DISTRICT", SUBSECTION 4.4.6(A) "PURPOSE AND INTENT" TO ADD REFERENCES TO THE CARVER ESTATES OVERLAY DISTRICT AND INFILL WORKFORCE HOUSING AREA. ITEM BEFORE COMMISSION The item before the Board is that of approval of aCity-initiated amendment to the Land Development Regulations to add references to the Carver Estates Overlay District and Infill Workforce Housing Area to the Development Standards Matrix for Residential Zoning Districts and to the "Purpose and Intent" section of the RM (Multiple Family Residential -Medium Density) zoning district. BACKGROUND On April 4, 2006, the City Commission adopted Ordinance No. 18-06, to expand the Family/Workforce Housing Program by providing additional opportunities and incentives for the provision of workforce housing. These modifications included an increase in the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and the creation of a new overlay district, the "Infill Workforce Housing Area," with a maximum density of 18 units per acre. With the adoption of Ordinance No. 18-06, the proposed references should have been added to the Land Development Regulations. Since they were not added, the purpose of this amendment is to correct that oversight. 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 July 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote (Glickstein, Perez-Azua and Pike 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. City Commission Documentation, Meeting of July 24, 2007 City Initiated LDR Text Amendment Pertaining To Workforce Housing Overlay Districts RECOMMENDATION By motion, approve on first reading Ordinance No. 24-07, amending Land Development Regulations (LDR) Section 4.3.4 "Base District Development Standards", Subsection 4.3.4(K) "Development Standards Matrix", and Section 4.4.6 "Medium Density Residential (RM) District", Subsection 4.4.6(A) "Purpose and Intent", to add references to the Carver Estates Overlay District and the Infill Workforce Housing Area, 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 August 7, 2007. Attachments: ^ Ordinance No. 24-07 ^ Planning & Zoning Staff Report of July 16, 2007 2 ORDINANCE NO. 24-07 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 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(x), "DEVELOPMENT STANDARDS MATRIX", AND SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (Rl~ DISTRICT", SUBSECTION 4.4.6(A), "PURPOSE AND INTENT", TO ADD REFERENCES TO THE CARVER ESTATES OVERLAY DISTRICT AND INFILL WORKFORCE HOUSING AREA; 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 July 16, 2007, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the Ciry Commission of the Ciry of Dekay Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the Ciry of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4 "Base District Development Standards", Subsection 4.3.4(x) "Development Standards Matrix", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: H V s c~ z z N Q z W O N W x Q 0 Q 0 Q N z W a O W O N Vl °~ 3 ~ ~a 0 ~ C ~ ~ ~ e~ ehi ~ 1~ W S W ~ a 3 Z ~ a ~ ~ ~ pp[[ O p ~ ~ j ~ 3 > 2 ~j N N N N O ~ O O N ~ N y~ p N N ~ O ~ ,8,~ n~ f71 ~ ^~ - V) N N N O C ao ~ n ~ n N h h 1D O ~ ~ '~ ~ n ~ 3 C O 3E ~ W i~i ~ K ~ I~f n n n n R n n N ~i ~ ~c ri ~i ~n N3 NV ~ ~ '~ ~ ~ ~ Pf ~ l7 N N N N N N ~ ~1 NI p ~ yj N N N N p fV W i W ~ s~ 3 : s ~ 3 ~ U ~ N N N n 1A O .~ ~. ~+ 3 l S~ ~' r 8 8 8 ~ $ ~ ~ g 8 i ~ ~ i S~ C o 0 0 8 8 8 8 g $ 8 $ 3 8 $ 3 x o g ~' d 8 8 8 ~ $ ~ ~ g $ 3 ~ ~ f R, ~ ~ ~ ~ C = O N Q N ~ Q pq N pq •. N QQ ~S OI QQ ZS W QQ ~S n QQ ~S n Q ZS m $Rj ffi f Q Z$ tC 55j~ ffi f Q ~ 55j~ ~S n QQ ~S f h ¢ Q rl ~ ~ ~ N (~ < ~ SJ maJ7 4 T T T ~ ~ K K C C C ~ 8 ~ J J ` % ~ J i ~ ~ ~ $ J E` X ~f ~ 7 D N ~e J pp~ Cp' ~~1 6 I.i 1J ~i ~ ~ ~ ~ ~ ~ ~ ~ ~ s ~ o ~ 3 a ' ~ ~ ~ ~ g ~ s' ~, g p S N c s ~ ~ r ~ r .~s ~ ~~~ ~ ~5g~~ E g~'" g 4 ~~~~ ~g ~~~~ ~g ~~ ~~~ ~~ ~~~~~ g~ ~ ~ N f 0 rd~ M~ ~a~~~~ 11 N N 11 M M ~~ ~~e ~rCd:rcc ~ 9~T~S4$ 8 ~~8$~~~ y N ~ N j~ E kk y p ffi ~ ° t 3 ~W~F-fLL ~ y~ ~ tl Y ~ ~ } LL W '~ ~ m N ."_. K E ORD NO. 24-07 Section 3. That Section 4.4.6 "Medium Density Residential (RIVI) District", Subsection 4.4.6(A) "Purpose and Intent", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (A) Purpose and Intent: The Medium Density Residential (Rlvi) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre, except within the Southwest Neighborhood Overlay District and the Carver Estates Overlay District where the maximum density is twenty-four (24) units per acre, and within the Infill Workforce Housing Area, where the maximum density is eighteen (18) units pex acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Within the Southwest Neighborhood Overlay District, the Southwest 10~h Street Overlay District, a~ the Carver Estates Overlay District, and the Infill Workforce Housing Area, the actual density is also based upon the development's ability to comply with Article 4.7 (Family/Workforce Housing). Further, the Medium Density Residential District provides for implementation of those objectives and policies contained within the Housing Element of the Comprehensive Plan which call for accommodating a variety of housing types. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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. ATTEST: MAYOR City Clerk First Reading Second Reading 3 ORD NO. 24-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 16, 2007 AGENDA NO: III. B. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.4 "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX", AND SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(A) "PURPOSE AND INTENT", TO ADD REFERENCES TO THE CARVER ESTATES OVERLAY DISTRICT AND INFILL WORKFORCE HOUSING AREA. fTEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to add references to the Carver Estates Overlay District and Infill Workforce Housing Area to the Development Standards Matrix for Residential Zoning Districts and to the "Purpose and Intent" section of the RM (Multiple Family Residential -Medium Density) zoning district. 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 On April 4, 2006, the City Commission adopted Ordinance No. 18-06, to expand the Family/Workforce Housing Program by providing additional opportunities and incentives for the provision of workforce housing. These modifications included an increase in the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and the creation of a new overlay district, the "Infill Workforce Housing Area," with a maximum density of 18 units per acre. With the adoption of Ordinance No. 18-06, the proposed references should have been added to the Land Development Regulations. Since they were not added, the purpose of this amendment is to correct that oversight. 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. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Fufure Land Use Element Objective A-7: To encourage the provision of workforce housing in the City, the following policies shall be implemented. III.B. Planning and Zoning Board Memorandum Staff Report, July 16, 2007 Amendment to LDRs Pertaining to Workforce Housing Overlay Districts Page 2 Policy A-7.7: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program" The concept is That for every workforce housing unif that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policy A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The I-95/CSX RR Corridor Overlay Districf shall have a maximum of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. While this amendment is corrective, it's inclusion in the LDRs is a necessary part of the overall implementation of the City's Family/Workforce Housing Program, which furthers this objective and policies. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to add references to the Carver Estates Overlay District and the Infill Workforce Housing Area within the Land Development Regulations to allow the requirements of the applicable Sections to be interpreted as they were intended. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION' Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations Section 4.3.4 "Base District Development Standards", Subsection 4.3.4(K) "Development Standards Matrix", and Section 4.4.6 "Medium Density Residential (RM) District", Subsection 4.4.6(A) "Purpose and Intent", to add references to the Carver Estates Overlay District and the Infill Workforce Housing Area, 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 s:lplanning & zoninglboardslp&z boardlldr amendment workforce housing overlay districts.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~~ SUBJECT: AGENDA ITEM # ~ O • ~ -REGULAR MEETING OF AUGUST 21, 2007 ORDINANCE NO. 26-07 -CITY INITIATED AMENDMENT TO LDR ENACTING SECTION 2.4.7(G), "REQUESTS FOR REASONABLE ACCOMMODATION" DATE: AUGUST 17, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission was scheduled for second reading on the August 21, 2007 Regular Commission Meeting for a City initiated amendment to the Land Development Regulations (I.DR), enacting Section 2.4.7(G), "Requests for Reasonable Accommodation", to provide procedures for handling and processing requests for accommodation from the City's Code. However, a change to the ordinance will require the item to be moved to First Readings on the August 21, 2007 Regular Commission Meeting Agenda. BACKGROUND At the first reading on July 24, 2007, the Commission passed Ordinance No. 26-07. After the first reading, the City Attorney's Office made a change to Section 2.4.7(G)(3) to include the word, "oral" to allow for oral and written requests for reasonable accommodation. This change will require a new First Reading on the August 21, 2007 agenda. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of First Reading of Ordinance No. 26-07. S:\City Clerk\AGENDA COVER MEMOS\Ordimnce Agenda Memos\Ord 26-07 Amend LDR Sec 24.7G Request for Reasonable Accommodation.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER~~~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~,~ ~I ~~~ THROUGH: CITY MANAGER ~,S ~~~i~ ~/i'I DATE: JULY 17, 2007 SUBJECT: AGENDA ITEM # ~ ~ • y -REGULAR MEETING OF JULY 24 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), ENACTING SECTION 2.4.7(G) "REQUESTS FOR REASONABLE ACCOMMODATION " TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR ACCOMMODATION FROM THE CITY'S CODE ITEM BEFORE COMMISSION The item before the Board is that of approval of aCity-initiated amendment to the Land Development Regulations to provide procedures for handling and processing requests for accommodation from the City's Code. BACKGROUND The purpose of enacting LDR Section 2.4.7.(G) "Requests for Reasonable Accommodation" is to implement a procedure for processing requests by any person who is disabled (or qualifying entity) for reasonable accommodation with respect to the City's Land Development Regulations, Code of Ordinances, rules, policies, practices and/or procedures as provided by the Fair Housing Amendments Act (FHA) and the Americans with Disabilities Act (ADA). These changes to the LDRs are being enacted in light of recent federal case law that states that a means must be provided by which disabled individuals may request an accommodation from the City's Code instead of having to seek a variance, which is likely to place a more onerous burden upon them than upon anon-disabled individual. 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 July 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote (Glickstein, Perez-Azua and Pike 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. 26-07, amending the Land Development Regulations (LDR) by enacting Section 2.4.7(G) "Requests for Reasonable Accommodation" to provide procedures for handling and processing requests for accommodation from the City's Code, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on August 7, 2007. Attachments: • Ordinance No. 26-07 ^ Planning & Zoning Staff Report of July 16, 2007 ORDINANCE N0.26-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINISTRATNE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 2.4.7(G), "REQUESTS FOR REASONABLE ACCOMMODATION", IN ORDER TO PROVDIE PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; 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 and voted _ to 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, in connection with the litigation styled Jeffrey O., et al, vs. City of Boca Raton, Case No. 03-80178, the plaintiffs asserted, among other things, that they were entitled to "reasonable accommodations" from the application and enforcement of certain provisions of the City of Boca Raton's Code of Ordinances; and WHEREAS, "reasonable accommodation" is a statutorily established method by which an individual who is disabled and/or handicapped (as those terms are defined in Title II of the Americans with Disabilities Act and/or the Fair Housing Amendments Act, hereafter "disabled"), or a provider of services to the disabled qualifying for reasonable accommodations under the referenced statutes, can request a modification or alteration in the application of a specific Code provision, rule, policy, or practice, to them. The proposed accommodation sought by the disabled individual must be reasonable and necessary to afford such person an equal opportunity to use and enjoy housing; and WHEREAS, the City hereby desires to adopt within the City's Land Development Regulations, and consistent with the Final Order of the Southern District of Florida in Jeffrey O., et. al. v. City of Boca Raton, Case No. 80178, reasonable accommodation procedures that will permit disabled individuals (or qualifying entities) to request reasonable accommodations and, where appropriate based on the facts and law, to receive reasonable accommodations (provided that such procedures to be codified shall be supplemental to the City's existing procedures to address access and/or structural obstacles at City facilities that are coordinated through the City's ADA compliance officer); and WHEREAS, the City intends these reasonable accommodation procedures to be applicable to the City's ordinances and Land Development Regulations, rules, policies, practices and services so as to afford a disabled person the opportunity to use and enjoy a dwelling, including, without limitation, the regulations pertaining to LDR Section 4.3.3 (D), "Residential and Nonresidential Licensed Service Provider Facilities" and the definition of "family" contained in Appendix "A" to the Land Development Regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 2.4.7(G), "Requests for Reasonable Accommodation", shall be enacted to read as follows: lGl Requests for Accommodation. 1~l~~ose. TheThe purpose of this section is to implement a procedure for processing requests for reasonable accommodation to the City's Code of Ordinances, Land Development Regulations. Rules. Policies. and Procedures for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et. seq~ ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et. seq;Lj,"ADA"~. For purposes of this section, a "disabled" person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the City's Land Development Re tions, Code of Ordinances, rules, policies, practices and/or procedures as provided bathe FHA and the ADA pursuant to the procedures set out in this section. (2) Notice to the Public of Availability of Accommodation. The City shall display a notice in the City's public notice bulletin board (and shall maintain copies available for review in the Planning and Zoning Department, the Building Department, and the City Clerk's Office),, advising the public disabled individuals (and qualifying entities, may request a reasonable accommodation as provided herein. ~3,~ Annlication. A request by an Applicant for reasonable accommodation under this section shall be either oral or written. A written request may be submitted by completion of a reasonable accommodation request form, which form is maintained by hand shall be submitted to) the Depamnent of Planning and Zoning,1"P&Z"). The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing_ the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in Subsection 2.4.7(GL(8). below. jra,) Confidential Information. Should the information provided by the disabled individual to the City include medical information ox records, including records indicating the medical condition. diagnosis or medical history of the disabled ORD. N0.26-07 individ such individual may, at the time of submitting such medical information, request that the City. to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The Citv shall thereafter endeavor to Provide written notice to the disabled individual, and/or their representative, of any request received by the City for disclosure of the medical information or documentation which the disabled individual has Previously requested be treated as confidential by the City. The City will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the City shall have no obligation to initiate, Prosecute or Pursue any such action. or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resourcesL connection therewith. and may complv~y iudicial order without Prior notice to the disabled individual. fib) Fee. There shall be no fee im posed by the City in conn ection with a request for r easonable accommodatio n under this secti on o r an appeal of a determ ination on such request to the City Council and th e City shall have no obliga tion to pa_y a requesting tiarty's (or an aP~ea ling ~rty's. as ap,~licable) attorn gys fees or costs in conne ction with the request . or an appeal. itv Assistance. The Citv shall tirovide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation. including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing, etc.. to ensure the process is accessible. (4) Findir-gs for Reasona ble Accommo dation. In determining whether the reasonable accommodation request shall be gra nted or den ied, the requesting arty shall be required to establish that they are Protected unde r the FHA and/or ADA by demonstr ating that the y are handicap ped or disab led, as defined in the FHA and/or ADA. A lthough the definition of d isability is s ubjg ct to i_udicial interpretation. for purposes of this ordina nce the disable d individual mu st show: (iLphysical or mental impairme nt which subs tantially limits one or more ma jor life activities: (ii) a record of having s uch impairme nt: or (iii that they are re gard ed as having such impairment. Next, t he requesten$ p~Y will have to demonstrate that the proposed accommo dations bei ng sought a re reasona ble and necessary to afford handicap ped/disabled _ Persons equal opportunity to use and enjoy housing. 'The foregoing s interpret (a ed by the Co urts) shall b e th e basis for a decision upon a ~ reasonable accommoda tion request m ade by the C i Manager, or his/her designee. Or by the Ci Commissio n in the event o f an appeal. ORD. N0.26-07 (5) Notice of Proposed Decision. The Citv Manager, or his/her des' ee, shall have the authority to consider and act on requests for reasonable accommodation, after notice and gublic hearing to receive comments, input and information from the public f~rovided. however, the City Manager, or his/her designee. shall not be required to render their decision at said public hearir~~ When a reasonable accommodation request form has been completed and submitted to the Planning and Zoning Department, it will be referred to the City Manager. or his/her des' ee, fox review and consideration. The City Manager. or his/her designee, shall issue a written determination within fort five (45Ldays of the date of receipt of a completed application and maX, in accordance with federal law, (1) grant the accommodation request,,,~21Teran~t as portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request. or (~ deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to meal. The notice of determination shall be sent to the requesting party_(i.e. the disabled individual or his/her representative, by certified mail, return receipt requested. If reasonably necessary to reach a determination on the request for reasonable accommodation, the City Manager, or his/her designee, may, prior to the end of said forty-five (45) day period, request additional information from the requesting ua specifying in sufficient detail what information is required. The requesting~~rty shall have fifteen (15~ days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty-five (45) day period to issue a written determination shall no longer be aPglicable, and the City Manager, or his/her designee, shall issue a written determination within thirtX ~30~ dais after receipt of the additional information. If the requesting_garty fails to provide the requested additional information within said fifteen (15Ly period, the Ci Manager, or his/her des' ee, shall issue and written notice advising that the requesting arty had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the City with regard to said reasonable accommodation request shall be required. (61 Appeal. Within thirty (~) days after the City Manager's. or his/her des' ee's, determination on a reasonable accommodation request is mailed to the requesting ~~, such applicant may meal the decision. All meals shall contain a statement containing sufficient detail of the grounds for the meal. Appeals shall be to the City Commission who shall, after public notice and a public hearing, render a determination as soon as reasonablgnrac~, but in no event later than sixty X60), days after an a~~eal has been ~~ ~7) Stay of Enforcement. While an a~lication for reasonable accommodation, or meal of a determination of same. is pending_before the Citv. the City will not enforce the subject zoning ordinance. rules,.~olicies, and ~ocedures against the Applicant. ORD. N0.26-07 (~ Request Form for Reasonable Accommodation. (ral Contents of Reasonable Accommodation Request Form: 1. Name of Applicant. 2. Telephone Number, 3. Address. 4. Address of housing or other location at which accommodation is r e 5. Describe g~~ d~s• ability or handicati. 6. Describe the accommodation and the specific re tion(~, and/or procedute(~,) from which accommodation is sought. 7. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjgv thug or other service. 8. Name, address and telephone number of reuresentative, if applicable. 9. Other relevant information pertaining to the disability or prop, 10. Signature of Disabled Individual or Representative. ifaznplicable, or O>~i~g.Entit;, 11. Date of Application. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2007. ATTEST: MAYOR City Clerk First Reading Second Reading ORD. N0.26-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 16, 2007 AGENDA NO: III. D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR) ENACTING SECTION 2.4.7(G) "REQUESTS FOR REASONABLE ACCOMMODATION," TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR ACCOMMODATION FROM THE CITY'S CODE ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to provide procedures for handling and processing requests for accommodation from the City's Code. 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 purpose of enacting LDR Section 2.4.7.(G) "Requests for Reasonable Accommodation" is to implement a procedure for processing requests for reasonable accommodation to the City's Code of Ordinances, Land Development Regulations, Rules, Policies, and Procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et. seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et. seq.) ("ADA"). Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the City's Land Development Regulations, Code of Ordinances, rules, policies, practices and/or procedures as provided by the FHA and the ADA, pursuant to the procedures set out in this section. These changes to the LDRs are being enacted in light of recent federal case law that states that a means must be provided by which disabled individuals may request an accommodation from the City's Code instead of having to seek a variance. The courts have determined that to require a disabled individual to request a variance because they are disabled is likely to place a more onerous burden upon them than upon anon-disabled individual. 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Policy was noted: III. D. Planning and Zoning Board Memorandum Staff Report, July 16, 2007 Amendment to LDRs Pertaining to Requests for Reasonable Accommodations Page 2 Future Land Use Element Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, fo provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices. The purpose of the proposed amendment is one of maintaining and updating the LDRs. Specifically, the amendment is required to bring the LDRs into compliance with recent federal case law. It is noted that while compliance with federal case law is not specifically mentioned in the Goals, Objectives, and Policies of the Comprehensive Plan, this is understood. Based on the above, a positive finding can be made that the amendment is consistent with and further the Goals, Objectives, and Policies of the Comprehensive. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to provide procedures for the handling and processing of requests from disabled individuals for accommodation from the City's Code, in order to bring the LDRs into compliance with recent federal case law. Positive findings can be made with respect to LDR Section 2.4.5(M)(5) that the proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. RECOMMENDED'ACTfON Recommend to the City Commission approval of aCity-initiated amendment to the Land Development Regulations, enacting Section 2.4.7(G) "Requests for Reasonable Accommodation" to provide procedures for handling and processing requests for accommodation from the City's Code, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Ordinance s:lplanning & zoninglboardslp&z board\Idr amendment section 2.4.7(g) requests for reasonable accommodations.doc MEMORANDUM TO: MAYOR AND CITY~COMMISSIONERS FROM: CITY MANAGER ~/'~ SUBJECT: AGENDA ITEM # I O • G -REGULAR MEETING OF AUGUST 21.2007 ORDINAN ENO 27-07 -CITY INITIATED AMENDMENT TO LDR AMENDING SECTION 4 413, "CENTRAL BUSINESS DISTRICT (CBD)". SUBSECTION 4 413~D1 "CONDITIONAL USES AND STRUCTURES ALLOWED" DATE: AUGUST 17, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated amendment to the Land Development Regulations (LDR), amending Section 4.4.13, "Central Business District (CBD)", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", to clarify the maximum allowed residential density in the West Atlantic Avenue Neighborhood. BACKGROUND At the first reading on July 24, 2007, the Commission passed Ordinance No. 27-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 27-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 27-07 Amend LDR Sec 4.4.13 Centel Business District.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~~ ~ FROM: MARK MCDONNELL, AICP, ASSISTANT DIRECTOR. OF PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER~~~ ~S~`s.>'~.}.-~~ DATE: JULY 19, 2007 SUBJECT: AGENDA ITEM # ~~~ .~ -REGULAR MEETING OF JULY 24, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)," SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED," TO CLARIFY THE MAXIMUM ALLOWED RESIDENTIAL DENSITY IN THE WEST ATLANTIC AVENUE NEIGHBORHOOD. ITEM BEFORE COMMISSION The item before the City Commission is that of approval of aCity-initiated amendment to the Land Development Regulations to clarify the maximum allowed residential density in the West Atlantic Avenue Neighborhood. BACKGROUND The density threshold triggering the requirement for conditional use approval is established at greater than twelve dwelling units per acre (12 du/ac), but there is currently no maximum density specified. The Comprehensive Plan specifically limits the maximum density to 30 units per acre within the West Atlantic Redevelopment Area; this amendment will clarify the maximum density in the LDRs and provide consistency between the LDRs and the Comprehensive Plan. It is noted this has always been the intent of the LDRs, but this language was inadvertently left out when the language was modified by Ordinance 64-04. 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 July 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote (Glickstein, Perez-Azua and Pike 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. 24-07, amending Land Development Regulations (LDR) Section 4.4.13 "Central Business (CBD) District," Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," to specify the maximum allowed density on CBD- zoned land within the West Atlantic Avenue Neighborhood, 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 August 7, 2007. Attachments: • Ordinance No. 27-07 ^ Planning & Zoning Staff Report of July 16, 2007 ORDINANCE NO.27-07 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(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO CLARIFY RESIDENTIAL DEVELOPMENT IS ALLOWED AS A CONDITIONAL USE IN THE CBD ZONED PORTION OF THE WEST ATLANTIC AVENUE NEIGHBORHOOD UP TO A MAXIMUM OF 30 UNITS PER ACRE; 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 July 16, 2007, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1) Adult congregate living facilities. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (3) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (4) Child care and adult day care. (5) Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). (6) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (7) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4~h Street. (8) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (9) Veterinary clinics. (10) Movie theaters, excluding drive-ins. (11) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). (12) Flea markets, bazaars, merchandise marts, and similar retail uses. (13) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. (14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(I). (15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). 2 ORD. NO. 27-07 (16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). (17) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. (18) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (19) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(1). 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. ATTEST: City Clerk First Reading. Second Reading MAYOR ORD. NO. 27-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 16, 2007 AGENDA NO: III. E AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)," SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED," TO CLARIFY THE MAXIMUM ALLOWED RESIDENTIAL DENSITY IN THE WEST ATLANTIC AVENUE NEIGHBORHOOD. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations (LDRs) Subsection 4.4.13 (D), "Conditional Use and Structures Allowed," to clarify that 30 dwelling units per acre (30 du/ac) is the maximum allowed residential density on CBD-zoned properties in the West Atlantic Avenue Neighborhood. 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. BAC KG ROU N DIANALYS IS LDR Subsection 4.4.13(D) currently contains a list of uses and structures that are allowed in the CBD zoning district by conditional use. Specifically, Subsection 4.4.13(D) (19) states: "jfjree standing or mixed-use residential development at a density greater than twelve (12) units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(/)." While a density threshold triggering the requirement for conditional use approval is established at greater than12 du/ac, there is no maximum density specified. The Comprehensive Plan specifically limits the maximum density to 30 units per acre within the West Atlantic Redevelopment Area; this amendment will clarify the maximum density in the LDRs and provide consistency between the LDRs and the Comprehensive Plan. It is noted this has always been the intent of the LDRs, but this language was inadvertently left out when the language was modified by Ordinance 64-04. 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. Planning and Zoning Board Meeting, July 16, 2007 LDR Amendment -Maximum Allowed Residential Density West Atlantic Avenue Neighborhood Comprehensive Plan Policies: The Future Land Use Map text of the Comprehensive Plan includes descriptions of the various map categories. The CBD-zoned properties have a Commercial Core Land Use designation and are included within the Commercial Land Uses description. This description includes specifics with regard to the densities allowed in the West Atlantic Avenue Redevelopment Area with a specific maximum of 30 du/ac. This amendment brings the LDRs into conformity with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following associations: ^ Neighborhood Advisory Council ^ Chamber of Commerce ^ Delray Merchant's Association 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 specify the maximum allowed density for residential development within the West Atlantic Avenue Neighborhood. This clarification is consistent with the Comprehensive Plan and 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 4.4.13 "Central Business (CBD) District," Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," to specify the maximum allowed density on CBD-zoned land within the West Atlantic Avenue Neighborhood, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: ^ Proposed Amendment 4~_ / CASON METHODIST CHURCH 5.0. sPADY ELEMENTARY SCHOOL ~ ~ ~ POMPEY ~~ ~~ I ~~J'~~'T~~T~ I u GTY PARK III--~~y LLU~-LIB-~11 IIIQ uH AT70RNEY BUILDING Ir i ]h~ ~~ LEI ~'.._s:. COMMUNITY CENTER TLANTIC AVENUE GATEWAY _. MIN/ PAr RKS DELRAY FULL SERNCE CENTER ~ ~ ATLAN IT II~C ~~ STATION MOC ~ NO. 1 A V E N U E TENNIS STADIUM L.~~= -_ NORM POLICE SOUTH L~ COMPLEX COUNTY COURT HOUSE 7~ ~1 n'f l~ ~~~~~~~~J ~IJ _i ~~ ~ ~ I~I~~ i ~r Iir. ~ 1 i~ ~~ ~~1~ N -~ WEST ATLANTIC NEIGHBORHOOD aTV of oELRAY eEACH, FL CBD (CENTRAL BUSINESS DISTRICT) ZONED DISTRICT PLANNING & ZONING DEPARTMENT -- DlG/TAL BASE MAP SYSTEM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # I ~ ' ~ -REGULAR MEETING OF AUGUST 21, 2007 ORDINANCE NO.29-07 - "FPL FRANCHISE AGREEMENT" DATE: AUGUST 17, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance replacing an existing Florida Power and Light Company (FPL) Franchise Agreement that is set to expire in 2011. BACKGROUND At the first reading on August 7, 2007, the Commission passed Ordinance No. 29-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 29-07 on second and final reading. S:\City Ckrk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 29-07 FPL Franchive Agmementdoc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER ' FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: JULY 23, 2007 SUBJECT: AGENDA ITEM # ~ !.~ . ~ REGULAR MEETING OF AUGUST 7, 2007 FPL FRANCHISE ORDINANCE N0.29-07 ITEM BEFORE COMMISSION Ordinance No. 29-07 replaces an existing FPL franchise agreement which is set to expire in 2011. BACKGROUND The new FPL franchise if approved by the City Commission will have a thirty (30) year duration (to 2037). The ordinance provides for a revised and simplified franchise fee calculation methodology. The fee contained in the ordinance is 5.9% with no offset for property taxes paid. The current ordinance provides fora 6% fee with the property tax offset. It is expected that increased revenues will inure to the City and a more simplified calculation will be the result if this franchise ordinance is adopted. FUNDING SOURCE N/A RECOMMENDATION City Staff recommends approval of Ordinance No. 29-07. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Joe Safford, Finance Director Tony Newbold July 24, 2007 Ms. Susan Ruby City Attorney City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Early Renewal of Dekay Beach's Electric Franchise. Dear Ms. Ruby: I was able to attend the City's workshop regarding the impact of the proposed property tax reduction and realizing that Delray Beach will be adversely affected. I asked myself the question, how can I help? Realizing that the Franchise Agreement expires in March of 2011, I thought that since FPL has changed the formula used to calculate the franchise fees paid to the holder, why not pursue early renewal now rather than at the end of the existing agreement. I therefore had my accounting department run the numbers based on the new formula and amazingly, and to my surprise, I learned that the City can realize an immediate cash flow increase often percent on revenues currently received from the franchise as well as and additional $449,858.00 in property tax savings. Under a new agreement, calculated revenues would increase from $4,620,162.00 to $5,427,635.00. The existing formula allows FPL to recover the property taxes paid to the City whereas the new formula does not nor does the new formula pay you ninety percent of the calculated revenues until the anniversary date when the account is trued up. I see this opportunity of early renewal as a significant benefit to the City and would ask that you encourage approval so that the City can receive the benefits of this new Agreement. Thank you in advance for pursuing this great opportunity to increase the cash flow revenues from the franchise as well as the significant savings from property taxes. Please feel free to call on me for any additional information that you may need. Sincerely, Anthony L. Newbold Area Manager, External Affairs FIB June 20, 2007 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Early Renewal of Delray Beach's Electric Franchise. Dear Mr. Harden: FPL has enhanced the formula by which it calculates the franchise fee to be paid to the City of Delray Beach and other municipalities and counties renewing or entering into new franchise agreements with FPL. The new formula streamlines the process and generally results in increased franchise fee payments to most municipalities, including the City of Delray Beach. This new formula is found in Section 5(a) of the new agreement, while the old formula is found at Section 6 of the existing agreement. Under the new agreement, the process of calculating and paying the franchise fees is streamlined and simplified as follows: • FPL pays 100% of the franchise fee on a monthly basis • There is no need to true up the payments at the end of the year (under the existing franchise FPL is obligated to make estimated payments at a rate of 90% per month with an annual true up at the end of the franchise year) • The new formula is simpler and will provide additional revenue A significant difference between the existing franchise agreement and the new agreement is the franchise fee rate. The existing franchise agreement involves a calculation resulting in FPL paying franchise fees under a formula that is simply stated as follows: Franchise fee + property taxes paid by FPL + permits/fees = 6% of specified revenue Under the new franchise, FPL uses a simpler formula as follows: Franchise fees + permits/fees = 5.9% of specified revenue Because the new formula excludes the property taxes paid by FPL in calculating the 5.9%, the new formula yields a higher franchise fee payment to the City of Delray Beach than the old formula utilizing 6%. The new formula used by FPL in calculating franchise fee payments does not affect property taxes paid by FPL. FPL continues to pay its property taxes but will no longer include that amount in calculating the franchise fees paid to the City. Thank you for providing the time to explore the possibility of renewing the electric franchise early. I am available for further discussions with you and others so that we can expedite the renewal, thus allowing the City to benefit from the change in the franchise formula. Sincerely, Anthony L. Newbold Area Manager, External Affairs Cc: Ken Rubin, Esq. ORDINANCE NO. 29-07 AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A N ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF DELRAY BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida recognizes that the City of Defray Beach and its citizens need and desire the continued benefits of electric service; and WHEREAS, the provision of such service requires substantial investments of capital and other resources in order to construct, maintain and operate facilities essential to the provision of such service in addition to costly administrative functions, and the City of Delray Beach does not desire to undertake to provide such services; and WHEREAS, Florida Power & Light Company (FPL) is a public utility which has the demonstrated ability to supply such services; and WHEREAS, there is currently in effect a franchise agreement between the City of Delray Beach and FPL, the terms of which are set forth in City of Delray Beach Ordinance No. 11-81 passed and adopted March 10, 1981, and FPL's written acceptance thereof dated March 27, 1981 granting to FPL, its successors and assigns, a thirty (30) year electric franchise ("Current Franchise Agreement"); and WHEREAS, FPL and the City of Delray Beach desire to enter into a new agreement (New Franchise Agreement) providing for the payment of fees to the City of Delray Beach in exchange for the nonexclusive right and privilege of supplying electricity and other services within the City of Delray Beach free of competition from the City of Delray Beach, pursuant to certain terms and conditions, and WHEREAS, the City Commission of the City of Delray Beach deems it to be in the best interest of the City of Delray Beach and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. There is hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter called the "Grantee"), for the period of 30 years from the effective date hereof, the nonexclusive right, privilege and franchise (hereinafter called "franchise") to construct, operate and maintain in, under, upon, along, over and across the present and future roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter called "public rights-of-way") throughout all of the incorporated areas, as such incorporated areas may be constituted from time to time, of the City of Delray Beach, Florida, and its successors (hereinafter called the "Grantor"), in accordance with the Grantee's customary practice with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, poles, wires, transmission and distribution lines, and all other facilities installed in conjunction with or ancillary to all of the Grantee's operations (hereinafter called "facilities"), for the purpose of supplying electricity and other 2 ORD N0.29-07 services to the Grantor and its successors, the inhabitants thereof, and persons beyond the limits thereof. Section 2. The facilities of the Grantee shall be installed, located or relocated so as to not unreasonably interfere with traffic over the public rights-of--way or with reasonable egress from and ingress to abutting property. To avoid conflicts with traffic, the location or relocation of all facilities shall be made as representatives of the Grantor may prescribe in accordance with the Grantor's reasonable rules and regulations with reference to the placing and maintaining in, under, upon, along, over and across said public rights-of--way; provided, however, that such rules or regulations (a) shall not prohibit the exercise of the Grantee's right to use said public rights-of--way for reasons other than unreasonable interference with motor vehicular traffic, (b) shall not unreasonably interfere with the Grantee's ability to furnish reasonably sufficient, adequate and efficient electric service to all of its customers, and (c) shall not require the relocation of any of the Grantee's facilities installed before or after the effective date hereof in public rights-of--way unless or until widening or otherwise changing the configuration of the paved portion of any public right-of--way used by motor vehicles causes such installed facilities to unreasonably interfere with motor vehicular traffic, Such rules and regulations shall recognize that above-grade facilities of the Grantee installed after the effective date hereof should be installed near the outer boundaries of the public rights-of--way to the extent possible. When any portion of a public right-of--way is excavated by the Grantee in the location or relocation of any of its facilities, the portion of the public right-of--way so excavated shall within a reasonable time be replaced by the Grantee at its expense and in as good condition as it was at the time of such excavation. The Grantor shall not be liable to the Grantee for any cost or expense in connection with any relocation of the Grantee's facilities required under subsection (c) of this Section, except, however, the Grantee shall be entitled to reimbursement of its costs from others and as may be provided by law. 3 ORD NO.29-07 Section 3. The Grantor shall in no way be liable or responsible fox any accident or damage that may occur in the construction, operation or maintenance by the Grantee of its facilities hereunder, and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense which may accrue to the Grantor by reason of the negligence, default or misconduct of the Grantee in the construction, operation or maintenance of its facilities hereunder. Section 4. All rates and rules and regulations established by the Grantee from time to time shall be subject to such regulation as may be provided by law. Section 5. As a consideration for this franchise, the Grantee shall pay to the Grantor, commencing 90 days after the effective date hereof, and each month thereafter for the remainder of the term of this franchise, an amount which added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non-ad valorem tax assessments on property) levied or imposed by the Grantor against the Grantee's property, business or operations and those of its subsidiaries during the Grantee's monthly billing period ending 60 days prior to each such payment will equa15.9 percent of the Grantee's billed revenues, less actual write-offs, from the sale of electrical energy to residential, commercial and industrial customers (as such customers are defined by FPL's tariff) within the incorporated areas of the Grantor for the monthly billing period ending 60 days prior to each such payment, and in no event shall payment for the rights and privileges granted herein exceed 5.9 percent of such revenues for any monthly billing period of the Grantee. 4 ORD N0.29-07 The Grantor understands and agrees that such revenues as described in the preceding paragraph are limited, as in the existing franchise Ordinance No. 11-81, to the precise revenues described therein, and that such revenues do not include, by way of example and not limitation: (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from C-ther Sales to Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales fox Resale (service to other utilities for resale purposes); (e) franchise fees; (f) Late Payment Charges; (g) Field Collection Charges; (h) other service charges. Section 6. If during the term of this franchise the Grantee enters into a franchise agreement with any other municipality located in Palm Beach County, Florida, where the number of Grantee's active electrical customers is equal to or less than the number of Grantee's active electrical customers within the incorporated area of the Grantor, the terms of which provide for the payment of franchise fees by the Grantee at a rate greater than 5.9% of the Grantee's residential, commercial and industrial revenues (as such customers are defined by FPL's tarif fl, under the same terms and conditions as specified in Section 5 hereof, the Grantee, upon written request of the Grantor, shall negotiate and enter into a new franchise agreement with the Grantor in which the percentage to be used in calculating monthly payments under Section 5 hereof shall be no greater than that percentage which the Grantee has agreed to Use as a basis for the calculation of payments to the other Palm Beach County municipality, provided, however, that such new franchise agreement shall include additional benefits to the Grantee, in addition to all benefits provided herein, at least equal to those provided by its franchise agreement $ ORD N0.29-07 with the other Palm Beach County municipality. Subject to all limitations, terms and conditions specified in the preceding sentence, the Grantor shall have the sole discretion to determine the percentage to be used in calculating monthly payments, and the Grantee shall have the sole discretion to detem~ine those benefits to which it would be entitled, under any such new franchise agreement. Section 7. As a further consideration, during the term of this franchise or any extension thereof, the Grantor agrees: (a) not to engage in the distribution and/or sale, in competition with the Grantee, of electric capacity and/or electric energy to any ultimate consumer of electric utility service (herein called a "retail customer'? or to any electrical distribution system established solely to serve any retail customer formerly served by the Grantee, (b) not to participate in any proceeding or contractual arrangement, the purpose or terms of which would be to obligate the Grantee to transmit and/or distribute, electric capacity and/or electric energy from any third party(ies) to any other retail customer's facility(ies), and (c) not to seek to have the Grantee transmit and/or distribute electric capacity and/or electric energy generated by or on behalf of the Grantor at one location to the Grantor's facility(ies) at any other location(s). Nothing specified herein shall prohibit the Grantor from engaging with other utilities or persons in wholesale transactions which are subject to the provisions of the Federal Power Act Nothing herein shall prohibit the Grantor, if permitted by law, ~ from purchasing electric capacity and/or electric energy from any other person, or (u) from seeking to have the Grantee transmit and/or distribute to any facility(ies) of the Grantor electric capacity. and/or electric energy purchased by the Grantor from any other person; provided, ORD N0.29-07 however, that before the Grantor elects to purchase electric capacity and/or electric energy from any other person, the Grantor shall notify the Grantee. Such notice shall include a sutntnaty of the specific rates, terms and conditions which have been offered by the other person and identify the Grantor's facilities to be served under the offer. The Grantee shall thereafter have 90 days to evaluate the offer and, if the Grantee offers rates, terms and conditions which are equal to or better than those offered by the other person, the Grantor shall be obligated to continue to purchase from the Grantee electric capacity and/or electric energy to serve the previously-identified facilities of the Grantor for a term no shorter than that offered by the other person. If the Grantee does not agree to rates, terms and conditions which equal or better the other person s offer, all of the terms and conditions of this franchise shall remain in effect Section 8. If the Grantor grants a right, privilege or franchise to any other person or otherwise enables any other such person to construct, operate or maintain electric light and power facilities within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve or compete on terms and conditions which the Grantee determines are more favorable than the terms and conditions contained herein, the Grantee may at any time thereafter teirnulate this franchise if such terms and conditions are not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of such terms and conditions that it considers more favorable. The Grantor shall then have 60 days in which to correct or otherwise remedy the terms and conditions complained of by the Grantee. If the Grantee determines that such terms or conditions are not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantors Clerk and termination shall be effective on the date of delivery of such notice. 7 ORD N0.29-07 Section 9. If as a direct or indirect consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them) any person is permitted to provide electric service within the incorporated areas of the Grantor to a customer then being served by the Grantee, or to any new applicant for electric service within any part of the incorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee determines that its obligations hereunder, or otherwise resulting from this franchise in respect to rates and service, place it at a competitive disadvantage with respect to such other person, the Grantee may, at any time after the taking of such action, terrnu~ate this franchise if such competitive disadvantage is not remedied within the time period provided hereafter. The Grantee shall give the Grantor at least 90 days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the Grantor of the consequences of such action which resulted in the competitive disadvantage. The Grantor shall then have 90 days in which to correct or otherwise remedy the competitive disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time period, the Grantee may terminate this franchise agreement by delivering written notice to the Grantor's Clerk and temvnation shall take effect on the date of delivery of such notice. Section 10. Failure on the part of the Grantee to comply in any substantial respect with any of the provisions of this franchise shall be grounds for forfeiture, but no g O1tD N0.29-07 such forfeiture shall take effect if the reasonableness or propriety thereof is protested by the Grantee until there is final determination (after the expiration or exhausrion of all rights of appeal) by a court of competent jurisdiction that the Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six months after such final determination to make good the default before a forfeiture shall result with the right of the Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities in the case require. Section 11. Failure on the part of the Grantor to comply in substantial respect with any of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of public rights-of--way for reasons other than unreasonable interference with motor vehicular traffic; (b) imposing conditions for use of public rights-of--way contrary to Florida law or the terms and conditions of this franchise; (c) unreasonable delay in issuing the Grantee a use permit, if any, to construct its facilities in public rights-of--way, shall constitute breach of this franchise and entitle the Grantee to withhold all or part of the payments provided for in Section 5 hereof until such time as a use pemut is issued or a court of competent jurisdiction has reached a final determination in the matter. The Grantor recognizes and agrees that nothing in this franchise agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such right Section 12. The Grantor may, upon reasonable notice and within 90 days after each anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee relating to the calculation of the franchise payment for the year preceding such anniversary date. Such examination shall be during nom~al business hoots at the 9 ORD N0.29-07 Grantee's office where such records are maintained. Records not prepared by the Grantee in the ordinary course of business may be provided at the Grantor's expense and as the Grantor and the Grantee may agree in writing. Infom~ation identifying the Grantee's customers by name or their electric consumption shall not be taken from the Grantees premises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the Grantor, shall be reported to the Grantee. The Grantor s right to examine the records of the Grantee in accordance with this Section shall not be conducted by any third party employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on findings of the audit. Grantor waives, settles and bars all claims relating in any way to the amounts paid by the Grantee under the Current Franchise Agreement embodied in Ordinance No. 11-81. Section 13. The provisions of this ordinance are interdependent upon one another, and if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of no effect, the entire ordinance shall be null and void and of no force or effect. Section 14. As used herein "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated assoaation, a joint venture, a governmental authority or any other entity of whatever nature. Section 15. Ordinance No. 11-81, passed and adopted March 10, 1981 and all other ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith, are hereby repealed. 10 ORD N0.29-07 Section 16. As a condition precedent to the taking effect of this ordinance, the Grantee shall file its acceptance hereof with the Grantor's Clerk within 30 days of adoption of this ordinance. The effective date of this ordinance shall be the date upon which the Grantee files such acceptance.. PASSED on first reading this day of ATTEST: City Clerk First Reading_ Second Reading 2007. MAYOR 11 ORD NO.29-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER ' FROM: SUSAN A. RUBY, CITY ATTORNEY ~~ 1 DATE: AUGUST 7, 2007 SUBJECT: AGENDA ITEM # ! ~ • ~ REGiTLAR MEETING OF AUGUST, 21, 2Q07 ORDINANCE N0.32-07 -AMENDMENT TO GENERAL EMPLOYEES' PENSION PLAN -EARLY RETIREMENT INCENTIVE ITEM BEFORE COMMISSION The item before Commission is Ordinance No. 32-07 which is an amendment to the early retirement incentive in the General Employees' Pension Plan. BACKGROUND Ordinance No. 32-07 amends Chapter 35, "Employees Policies and Benefits", subheading, "Retirement Plan" by amending Section 35.097, "Retirement Income; Basis Amount and Payment", subsection (M), "Early Retirement Incentive", to provide an incentive of an additional year of credited service to those eligible employees who desire to retire on or before September 30, 2007. FUNDING SOURCE N/A RECOMMENDATION City Staff recommends approval of Ordinance 32-07. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City.Clerk ORDINANCE NO. 32-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3S, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING UP TO ONE ADDITIONAL YEAR OF CREDITED SERVICE FOR CERTAIN EMPLOYEES WHO ELECT TO TERMINATE CITY EMPLOYMENT AND RETIRE ON OR BEFORE SEPTEMBER 30, 2007; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 3S, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.097, "Retirement Income; Basis, Amount and Payment", subsection (1VI), "Early retirement Incentive", to read as follows: Sec. 35.097.. RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT. (M) Early Retirement Incentive. (1) Effective October 1, 2002, an eazly retirement incentive program shall be provided in accordance with this Section. The availability of the early retirement incentive in any plan year shall be determined by the City. The City shall provide all eligible employees with at least thirty (30) days advance notice that the eazly retirement incentive will be offered. The eazly retirement incentive program shall be voluntary for all eligible employees. (2) Employees who are one hundred (100) percent vested and within two (2) years of their eazliest normal retirement date at the beginning of the plan year in which the early retirement incentive is offered shall be eligible for the early retirement incentive. In any plan year in which the early retirement incentive is offered, eligible employees shall be given an opportunity to elect the early retirement incentive within sixty (60) days following receipt of notice that the early retirement incentive is being offered. The employee's election shall be made in writing on a form provided by the City, and shall be irrevocable. (3) Eligible employees who elect the early retirement incentive shall have their retirement benefit calculated in accordance with Section 35.097(A}, based on credited service and final monthly compensation as of the last day of employment. There shall be no actuarial reduction as defined in Section 35.097(B)(2}. Employees who elect the early retirement incentive shall immediately retire and terminate City employment. (4) Effective September 1, 2007 throu h September 30, 2007, any eligible employee who elects the early retirement incentive and any employee age 58 or older who elects to terminate City employment and retire on or before September 30, 2007, shall receive up to one additional year of credited service, at no cost to the employee, for the purpose of calculatin the employee's normal retirement income; provided, in no event shall any. employee's credited service exceed 30 years. {4~S~An employee who elects to receive the early retirement incentive under this subsection cannot also participate in the Deferred Retirement Option Plan under Section 35.110. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this orduaance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 2007. ATTEST: MAYOR City Clerk First Reading Second Reading 2 MEMORANDUM TO: Mayor and City Commissioners '~ FROM: Kerry B. Koen, Fiief THROUGH: City Manager DATE: August 15, 2007 SUBJECT: Agenda Item # ~ ~ • ~ -Regular Meeting of August 21.2007 Ordinance -EMS Fees Increase ITEM BEFORE COMMISSION Consideration of an Ordinance amending Chapter 96 to modify fees charged by the City of Delray Beach for emergency medical transportation services provided by the Fire-Rescue Department to be effective on October 1, 2007. BACKGROUND Advanced Data Processing Incorporated (ADPI) does billing for many public EMS agencies in the area, including Delray Beach, and they have a very broad perspective on this issue. They have provided recommendations to improve revenues by adjusting fees for service, which if approved by the City Commission could afford the City the opportunity to raise a substantial amount of new revenue in both the near and longer terms. The Fire-Rescue Staff has considered ADPI's recommendations and provided its recommendations for fee adjustments. The City Attorney's office has prepared the necessary Ordinance for consideration by the City Commission. FUNDING SOURCE NA RECOMMENDATION Recommend the City Commission consider for adoption the recommendations of Fire-Rescue Staff and approve the Ordinance. DELRAYBEACH All-AmericaCityM E M O R A N D U M 1 r TO: David T. Harden, City Manager I ~ 993 FROM: Kerry B. Koen, Fire Chief 2ooi SUBJECT: E.M.S. Transport Fees DATE: July 25, 2007 Local Emergency Medical Service transport fees are normally updated annually to bring charges in line with what Medicare and other reimbursing agencies will pay for this service. Peer cities and Palm Beach County also make annual adjustments as well. This year we have the benefit of fee schedule recommendations from our vendor for EMS billing -Advanced Data Processing Incorporated (ADPI). This firm also does billing for most public EMS agencies in the area and they have a very broad perspective on this issue as a result. They have provided us with their recommendations to improve revenues by adjusting fees for service. Additionally, our staff has developed another set of recommendations for consideration. Both add significant revenues to the city's fees for services, which if approved by the City Commission will afford the City the opportunity to raise a substantial amount of new revenue in both the neaz and longer terms. For the purpose of this review, it is my recommendation that the City Commission consider for adoption the recommendations of Fire-Rescue Staff. If you concur, we will work with the City Attorney's office to prepare the necessary Ordinance for consideration by the Commission. I believe the enhanced revenue which we recommend should provide the option to deal with some budgetary considerations directly related to important Fire-Rescue services. Specifically, the position of Fire Protection Specialist is currently on the unfunded list. The revenue increases we are proposing will more than cover the cost of this position, and also provide some additional revenues for the general fund as well. I respectfully request that this issue be given attention in order to avoid a possible layoff of this position. I~~-...~~ . C Kerry B. Koen Fire Chief KBK/cls cc: Chief James Chief Connor ,1~'llen Wickert Attachments: 3 FIRE-RESCUE UEPARTMEI~T HEWU~UF~,!?TER~; F :>C` V1lc~~T AT~PJ'~~Tf:; ;-1r_il~i~ t~~.=~i-.1.:~ ,',~r`-, :~. ~- ~~~Cf. i;'.. ,,, k~ `_.~u Prrnre;" cr F2;.^vcir_-<;. i'ax~:: E.M.S. TRANSPORT FEES BLS A0429 ALS -1 Emerg. A0427 ALS - L2 A0433 Skilled Care Trans. A0434 Mileage Boynton Beach $325.00 $400.00 $500.00 $8.00 Boca - 10/1/06 $538.29 $538.29 $694.58 $723.51 $9.85 Palm Beach Co. $450.00 $450.00 $619.00 $8.00 Deerfield Beach $650.00 $700.00 $750.00 NA $12.00 West Palm Beach $390.00 $390.00 $540.00 $640.00 $8.00 Delra Beach 1013/06 $435.00 $450.00 $570.00 $660.00 $8.66 AVERAGE $464.72 $488.05 $612.26 $674.50 $9.09 " -will be increasing but do not have the figures at this time. ** '''- These are the proposed increases BLS A0429 E.M.S. TRANSPORT FEES Skilled ALS -1 Emerg. ALS - L2 Care Trans. Mileage A0427 A0433 A0434 Fiscal Year 2006-07 fees Delra Beach $435.00 $450.00 $570.00 $660.00 $8.66 DELRAY BEACH FIRE-RESCUE STAFF RECOMMENDED FEES EFFECTIVE OCTOBER 1, 2007 Skilled BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage A0429 A0427 A0433 A0434 Delra Beach $550.00 $600.00 $750.00 $800.00 $12.00 Change $115.00 $150.00 $180.00 $140.00 $3.34 Percentage change 26.44% 33.33% 31.58% 21.21 % 38.57% If the alternate fee increases recommended by staff are used, we can expect revenue increases as follows: 2008 $247,028 over current FY collections 2009 $351,538 over current FY collections 2010 $462,100 over current FY collections 2011 $579,066 over current FY collections 2012 $702,809 over current FY collections Total $2,342,541 E.M.S. TRANSPORT FEES Skilled BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage A0429 A0427 A0433 A0434 Fiscal Year 2006-07 fees Delra Beach $435.00 $450.00 $570.00 $660.00 $8.66 ADVANCED DATA PROCESSING, INC. RECOMMENDED FEES EFFECTIVE OCTOBER 1, 2007 Skilled BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage A0429 A0427 A0433 A0434 Delra Beach $650.00 $700.00 $750.00 $800.00 $12.00 Change $215.00 $250.00 $180.00 $140.00 $3.34 Percentage change 49.43% 55.56% 31.58% 21.21 % 38.57% If the fees are increased as recommended by Advanced Data Processing, Inc., we can expect revenue increases as follows: 2008 $379,211 over current FY collections 2009 $491,771 over current FY collections 2010 $610,873 over current FY collections 2011 $736,898 over current FY collections 2012 $870,254 over current FY collections Total $3,089,007 ORDINANCE N0.33-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 9G.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMBULANCE FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation; and WHEREAS, in accordance with the implementation of the National Ambulance Fee Schedule a new schedule is hereby established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title IX, "General Regulations", Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (A) The following service charges or fees are levied for the provision of emergency medical transportation: (1} Advanced Life Support (ALS-1) Transport Fee (2) Advanced Life Support (ALS-2) Transport Fee (3) Skilled Care Transport Fee (4) Basic Life Support (BLS) Transportation Fee ~4~9:A8 $G00.00 A9 750 :BB 0.00 (5) Mileage Fee ~S~Fi 12.00/mile Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. e do 4. That this ordinance shall become effective upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. N0.33-07